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Responses by Ms. Jolinski, Records Manager for The Florida Bar, provided by email Thursday,
June 26, 2014 at 10:18 AM appear incorrect. Ms. Jolinski’s email is attached in PDF. Ms. Jolinski wrote “Three are inquiries in which no complaint was filed and consequently there are no public documents.” First, I am seeking public records, not public documents. Three inquiries certainly resulted in public records, regardless of whether a complaint was filed. The
public records would include the identity of the persons making the inquires, the identity of the lawyers in question, and a description of the subject matter. See below the Florida Rules of Judicial Administration, Rule 2.420. Public Access to Judicial Branch Records.
Responses by Ms. Jolinski, Records Manager for The Florida Bar, provided by email Thursday,
June 26, 2014 at 10:18 AM appear incorrect. Ms. Jolinski’s email is attached in PDF. Ms. Jolinski wrote “Three are inquiries in which no complaint was filed and consequently there are no public documents.” First, I am seeking public records, not public documents. Three inquiries certainly resulted in public records, regardless of whether a complaint was filed. The
public records would include the identity of the persons making the inquires, the identity of the lawyers in question, and a description of the subject matter. See below the Florida Rules of Judicial Administration, Rule 2.420. Public Access to Judicial Branch Records.
Responses by Ms. Jolinski, Records Manager for The Florida Bar, provided by email Thursday,
June 26, 2014 at 10:18 AM appear incorrect. Ms. Jolinski’s email is attached in PDF. Ms. Jolinski wrote “Three are inquiries in which no complaint was filed and consequently there are no public documents.” First, I am seeking public records, not public documents. Three inquiries certainly resulted in public records, regardless of whether a complaint was filed. The
public records would include the identity of the persons making the inquires, the identity of the lawyers in question, and a description of the subject matter. See below the Florida Rules of Judicial Administration, Rule 2.420. Public Access to Judicial Branch Records.
Email: jharkness@flabar.org Mr. J ohn F. Harkness Executive Director and Records Custodian The Florida Bar 651 East J efferson Street Tallahassee, FL 32399-2300 Dear Mr. Harkness: Responses by Ms. J olinski, Records Manager for The Florida Bar, provided by email Thursday, J une 26, 2014 at 10:18 AM appear incorrect. Ms. J olinskis email is attached in PDF Ms. J olinski wrote Three are inquiries in which no complaint was filed and consequently there are no public documents. First, I am seeking public records, not public documents. Three inquiries certainly resulted in public records, regardless of whether a complaint was filed. The public records would include the identity of the persons making the inquires, the identity of the lawyers in question, and a description of the subject matter. See below the Florida Rules of J udicial Administration, Rule 2.420. Public Access to J udicial Branch Records. Responses by Ms. J olinski provided by email Thursday, J une 26, 2014 at 2:12 PM also appear incorrect. Ms. J olinskis email is attached in PDF. Ms. J olinski wrote in part 3 were inquiries resulting in no public documents. Mr. Bauer ACAP 14-2445 - Evans (no public documents) Mr. Rodems ACAP 14-14506 - Francis (no public documents) ACAP 14-14243 - Tomaso (no public documents) Again, I am seeking public records, not public documents. If the inquires are closed, then there are public records, and Ms. J olinski is wrong. See the Florida Rules of J udicial Administration, Rule 2.420. Public Access to J udicial Branch Records. Rule 2.420(b) Definitions (1) Records of the judicial branch are all records, regardless of physical form, characteristics, or means of transmission, made or received in connection with the transaction of official business by any judicial branch entity and consist of: Rule 2.420(b) Definitions (1)(B) administrative records, which are all other records made or received pursuant to court rule, law, or ordinance, or in connection with the transaction of official business by any judicial branch entity. Rule 2.420(b) Definitions (2) J udicial branch means the judicial branch of government, which includes the state courts system, the clerk of court when acting as an arm of the court, The Florida Bar, the Florida Board of Bar Examiners, the J udicial Qualifications Commission, and all other entities established by or operating under the authority of the supreme court or the chief justice. Mr. J ohn F. Harkness, Executive Director and Records Custodian J uly 16, 2014 The Florida Bar Page - 2 Ms. J olinski has not claimed any exemption to providing the records. Therefore, provide the records immediately. What does ACAP 14-14243 - Tomaso (no public documents) refer to? Ms. J olinski wrote J une 26, 2014 at 10:18 AM in part Fla.R.J ud. Admin 2.420(m)(3) and Florida Statute 119.07(4)(d) authorize and establish fees applicable to the production of public records for inspection or copying within the judicial branch. and presented an invoice for $227.63, PDF attached. I responded, The amount on the invoice, $227.63, is well beyond my ability to pay. The invoice does not show a basis for $227.63 other than "17.00 hours" x $13.39 per hour. Okay, I will file with Mr. Harkness a request for the records in forma pauperis, and appeal any denial through the courts. There are other significant records bills elsewhere, so Ill draft one petition for all of them. Until then, kindly provide the cost for the each individual record below, so that I can make an informed choice. Mr. Bauer 201300541 - complainant: Gillespie ACAP 14-2445 - Evans (no public documents) 201400144 - complainant: Wilson Mr. Rodems ACAP 14-9913 - Gillespie ACAP 14-14506 - Francis (no public documents) Mr. Barker 201490116 - Gillespie ACAP 14-14302 - Gillespie Mr. Castaoliuolo 201211345 - Bessler (previously provided, no new documents per Lawyer Regulations) 201310162 - Gillespie (Provided by the Tampa office) 201310922 - Volpe ACAP 14-14243 - Tomaso (no public documents) Thank you in advance for the courtesy of a response. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Telephone: (352) 854-7807 Ocala, Florida 34481 Email: neilgillespie@mfi.net Enclosures 651 East Jefferson Street, Tallahassee, FL 32399-2300 (850) 561-5600 FAX: (850) 561-9405 www.floridabar.org
The Florida Bar John F. Harkness, Jr. Executive Director 651 East Jefferson Street, Tallahassee, FL 32399-2300 850-561-5600 www.FLORIDABAR.org J une 23, 2014
Description Quantity Estimate Unit Price Fee Estimate Clerical Time 17.00 hours $13.39/hr $227.63
TOTAL $227.63
**Make checks payable to The Florida Bar. Please remit copy of estimate with payment** **Request will be cancelled if payment is not received within 30 days**
Remit Payment To: The Florida Bar Cash Receipts 651 E. J efferson St. Tallahassee, FL 32399-2300
Records Management Attn: J enny R. J olinski
(Fla.R.Jud. Admin 2.420(m)(3) and Florida Statute 119.07(4)(d) authorize and establish fees applicable to the production of public records for inspection or copying within the judicial branch.)
Neil Gillespie From: "J enny J olinski" <J J olinski@flabar.org> To: "Neil Gellespie" <neilgillespie@mfi.net> Sent: Thursday, J une 26, 2014 10:18 AM Attach: Letter to Chief J ustice Polston.pdf; Polston Letter - 2nd Accounting of ADA Compliance.pdf; Gillespie.pdf Subject: Public Record Request - CCOL-9KWJ X8(Gillespie) - 2014-06-06 Page 1of 2 7/16/2014 Dear Mr. Gillespie, I am responding to requested fro your June 6, 2014 request per Rule 2.420 Florida Rules of Judicial Administration and applicable law. Please send correspondence related to this request to my attention.
Your Request: Record request item 1c asks for a progress report from The Florida Bar, 1c. Records of the approval by the entire Florida Supreme Court to develop and implement a protocol for Bar-related activities at all levels to ensure compliance with all ADA and access requirements. We request The Florida Bar to report its progress to this court 60 days from this date and each 60 days thereafter until the directed protocol is implemented.
The Public Information Department provided the following records in response to your request.
Your Request
I [Gillespie] believe Mr. Paul F. Hill, General Counsel, is the ADA Coordinator for The Florida Bar. Kindly provide records showing the duties and responsibilities of Mr. Hill as ADA Coordinator for The Florida Bar, and the qualifications, education and skills required for the position.
If The Bar has a medically qualified person to review or consult on disability accommodation requests, records identifying the person, records showing the duties and responsibilities of the person, and records of the qualifications, education and skills required for the position.
Mr. Paul Hill, General Counsel, indicates that he has no responsive records regarding your request.
Your Request
1A. Bar complaints against Robert W. Bauer, Bar ID 11058 3. This is a request for records about, showing or explaining,
C. Discipline or complaints for Ryan Christopher Rodems, Bar ID 947652 D. Discipline or complaints for William J ohn Cook, Bar ID 986194 E. Discipline or complaints for Chris A Barker, Bar ID 885568
G. Discipline or complaints for Eugene P. Castagliuolo, Bar ID 104360
Our Lawyer Regulation Department indicates that there are no public records for William John Cook.
The Lawyer Regulation Department estimates that it will require approximately 17 hours to collect, review and redact, if required, the records you have requested. I have attached an estimate of fees. Fla.R.Jud. Admin 2.420(m)(3) and Florida Statute 119.07(4)(d) authorize and establish fees applicable to the production of public records for inspection or copying within the judicial branch. Before the records you have requested can be produced and delivered, it will be necessary for you to remit the fee indicated on the enclosed estimate. Any amount in excess of the actual cost when the work is performed will be returned to you
There are 11 inquiries, complaints, or cases on the list. Of that list, 5 are complaints and cases in which you are the complainant. Three are inquiries in which no complaint was filed and consequently there are no public documents. And you have been provided 2013-10,922 (Castagliuolo) previously. Further, the bar disposes of files that are closed by bar counsel or a grievance committee without a finding of probable cause, one year after the date the files were closed. Per Rule 3-7.1, Rules Regulating the Florida Bar, files now pending at the initial staff or grievance committee levels of investigation are confidential.
If we have not received a response from you within 30 days, this request will be closed.
Regards,
Jenny R. Jolinski, CRM CDIA+ Records Manager, The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300 850-561-5708 Jjolinski@flabar.org
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail communications may therefore be subject to public disclosure. Page 2of 2 7/16/2014
Neil Gillespie From: "J enny J olinski" <J J olinski@flabar.org> To: "Neil Gillespie" <neilgillespie@mfi.net> Sent: Thursday, J une 26, 2014 2:12 PM Subject: Re: Public Record Request - CCOL-9KWJ X8(Gillespie) - 2014-06-06 Page 1of 4 7/16/2014 Mr. Gillespie:
Here are the list of inquiries, complaints and cases as you requested. In 5, you are the complainant; 3 were inquiries resulting in no public documents; and the balance are indicated below. Mr. Bauer 201300541 - complainant: Gillespie ACAP 14-2445 -Evans (no public documents) 201400144 - complainant: Wilson
Mr. Rodems ACAP 14-9913 - Gillespie ACAP 14-14506 - Francis (no public documents)
Mr. Barker 201490116 - Gillespie ACAP 14-14302 - Gillespie
Mr. Castaoliuolo 201211345 - Bessler (previously provided, no new documents per Lawyer Regulations) 201310162 - Gillespie (Provided by the Tampa office) 201310922 - Volpe ACAP 14-14243 - Tomaso (no public documents)
Regards,
Jenny R. Jolinski, CRM CDIA+ Records Manager, The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300 850-561-5708 Jjolinski@flabar.org
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail communications may therefore be subject to public disclosure.
From: "Neil Gillespie" <neilgillespie@mfi.net> To: "Jenny Jolinski" <JJolinski@flabar.org> Cc: "John F Harkness" <jharkness@flabar.org>, "Neil Gillespie" <neilgillespie@mfi.net> Date: 06/26/2014 12:45 PM Subject: Re: Public Record Request - CCOL-9KWJX8(Gillespie) - 2014-06-06
J enny R. J olinski, CRM CDIA+ Records Manager, The Florida Bar Dear Ms. J olinski, Thank you for your response. The amount on the invoice, $227.63, is well beyond my ability to pay. The invoice does not show a basis for $227.63 other than "17.00 hours" x $13.39 per hour. Okay, I will file with Mr. Harkness a request for the records in forma pauperis, and appeal any denial through the courts. There are other significant records bills elsewhere, so Ill draft one petition for all of them. You wrote "There are 11 inquiries, complaints, or cases on the list." Please provide the list. Depending what the list shows, I may modify my request in the interim. Records for Mr. Rodems are top priority, follows by records for Mr. Bauer, a referral from The Bar. Thank you. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Phone: 352-854-7807 Email: neilgillespie@mfi.net ----- Original Message ----- From: J enny J olinski To: Neil Gellespie Sent: Thursday, J une 26, 2014 10:18 AM Subject: Public Record Request - CCOL-9KWJ X8(Gillespie) - 2014-06-06
Dear Mr. Gillespie, I am responding to requested fro your June 6, 2014 request per Rule 2.420 Florida Rules of Judicial Administration and applicable law. Please send correspondence related to this request to my attention.
Your Request: Record request item 1c asks for a progress report from The Florida Bar, 1c. Records of the approval by the entire Florida Supreme Court to develop and implement a protocol for Bar-related activities at all levels to ensure compliance with all ADA and access requirements. We request The Florida Bar to report its progress to this court 60 days from this date and each 60 days thereafter until the directed protocol is implemented.
The Public Information Department provided the following records in response to your request.
Your Request Page 2of 4 7/16/2014
I [Gillespie] believe Mr. Paul F. Hill, General Counsel, is the ADA Coordinator for The Florida Bar. Kindly provide records showing the duties and responsibilities of Mr. Hill as ADA Coordinator for The Florida Bar, and the qualifications, education and skills required for the position.
If The Bar has a medically qualified person to review or consult on disability accommodation requests, records identifying the person, records showing the duties and responsibilities of the person, and records of the qualifications, education and skills required for the position.
Mr. Paul Hill, General Counsel, indicates that he has no responsive records regarding your request.
Your Request
1A. Bar complaints against Robert W. Bauer, Bar ID 11058 3. This is a request for records about, showing or explaining,
C. Discipline or complaints for Ryan Christopher Rodems, Bar ID 947652 D. Discipline or complaints for William J ohn Cook, Bar ID 986194 E. Discipline or complaints for Chris A Barker, Bar ID 885568
G. Discipline or complaints for Eugene P. Castagliuolo, Bar ID 104360
Our Lawyer Regulation Department indicates that there are no public records for William John Cook.
The Lawyer Regulation Department estimates that it will require approximately 17 hours to collect, review and redact, if required, the records you have requested. I have attached an estimate of fees. Fla.R.Jud. Admin 2.420(m)(3) and Florida Statute 119.07(4)(d) authorize and establish fees applicable to the production of public records for inspection or copying within the judicial branch. Before the records you have requested can be produced and delivered, it will be necessary for you to remit the fee indicated on the enclosed estimate. Any amount in excess of the actual cost when the work is performed will be returned to you
There are 11 inquiries, complaints, or cases on the list. Of that list, 5 are complaints and cases in which you are the complainant. Three are inquiries in which no complaint was filed and consequently there are no public documents. And you have been provided 2013-10,922 (Castagliuolo) previously. Further, the bar disposes of files that are closed by bar counsel or a grievance committee without a finding of probable cause, one year after the date the files were closed. Per Rule 3-7.1, Rules Regulating the Florida Bar, files now pending at the initial staff or grievance committee levels of investigation are confidential.
If we have not received a response from you within 30 days, this request will be closed.
Regards,
Jenny R. Jolinski, CRM CDIA+ Page 3of 4 7/16/2014 Records Manager, The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300 850-561-5708 Jjolinski@flabar.org
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail communications may therefore be subject to public disclosure. Page 4of 4 7/16/2014