John F Harkness, The Florida Bar letter July 28, 2014

8/12/2019 John F Harkness, The Florida Bar letter July 28, 2014

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VIA UPS No. 1Z64589FP290127297 July 28, 2014Email: [email protected]

Mr. John F. HarknessExecutive Director and Records Custodian

The Florida Bar651 East Jefferson StreetTallahassee, FL 32399-2300

Dear Mr. Harkness:

This records request is submitted to you as the Records Custodian for The Florida Bar.Previously Ms. Jolinski may have failed to correct my citation to Rule 2.420(b)(3), Fla. R. Jud.Admin. for you as Records Custodian. Ms. Jolinski did cite to Bylaw 2-4.3 Duties of theExecutive Director, which states, The executive director shall keep the records of The FloridaBar and the board of governors. The enclosed Creed of Professionalism, paragraph 4 states:

I will not knowingly misstate, distort, or improperly exaggerate any fact or opinion and will notimproperly permit my silence or inaction to mislead anyone. What is the correct citation?

The Florida Bar Record Retention Schedule Version (2011), Division (Legal) Department(Lawyer Regulation), shows Purpose Rule 2.440, Florida Rules of Judicial Administrationestablishes...the obligation for records is vested in the Executive Director..... (Exhibit 1)

Rule 2.440. Retention of Judicial Branch Administrative Records. (Enclosed)(a) Definitions.

(1) Judicial 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, theFlorida Board of Bar Examiners, the Judicial Qualifications Commission, and all otherentities established by or operating under the authority of the supreme court or the chiefjustice.

(2) Records of the judicial branch means all records, regardless of physical form,characteristics, or means of transmission, made or received in connection with thetransaction of official business by any judicial branch entity and consists of:

(A) court records, which means the contents of the court file, including theprogress docket and other similar records generated to document activity in a

case, transcripts filed with the clerk, documentary exhibits in the custody of theclerk, and electronic records, videotapes, or stenographic tapes of depositions orother proceedings filed with the clerk, and electronic records, videotapes, orstenographic tapes of court proceedings; and

(B) administrative records, which means all other records made or receivedpursuant to court rule, law, or ordinance, or in connection with the transaction ofofficial business by any judicial branch entity.


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Mr. John F. Harkness July 28, 2014Executive Director and Records Custodian Page - 2

1. Provide Member Records, Master Records of the Membership Records Department for,

Robert W. Bauer, Bar ID 11058

Eugene P. Castagliuolo, Bar ID 104360

Ryan Christopher Rodems, Bar ID 947652

William John Cook, Bar ID 986194

Chris A Barker, Bar ID 885568

2. Provide records showing Each Record Series of records for lawyer members of TheFlorida Bar. Previously I did not know about Member Records until getting Mr. Jolinskisresponse letter June 10, 2014. The Bar has discipline records for discipline matters; what otherrecords are available? Provide the records showing all classes or types of records, Rule 2.420(a),

Public Access to Judicial Branch Records, Fla. R. Jud. Admin, and Rule 2.440. Retention ofJudicial Branch Administrative Records, cited above.

2.420(a) Scope and Purpose.Subject to the rulemaking power of the Florida SupremeCourt provided by article V, section 2, Florida Constitution, the following rule shallgovern public access to the records of the judicial branch of government. The public shallhave access to all records of the judicial branch of government, except as provided below

Rule 2.420(b)(2) defines The Florida Bar as a judicial branch of government.

Rule 2.420(b)(1) defines records of the judicial branch as all records, regardless ofphysical form, characteristics, or means of transmission, made or received in connectionwith the transaction of official business by any judicial branch entity and consist of:

(A) court records, which are the contents of the court file, including the progress docketand other similar records generated to document activity in a case, transcripts filed withthe clerk, documentary exhibits in the custody of the clerk, and electronic records,videotapes, or stenographic tapes of depositions or other proceedings filed with the clerk,and electronic records, videotapes, or stenographic tapes of court proceedings; and

(B) administrative records, which are all other records made or received pursuant to courtrule, law, or ordinance, or in connection with the transaction of official business by anyjudicial branch entity.

3. Provide records of The Florida Bars email policy and procedure, including,

The legal basis that Email is a message delivery system. It is not a record no more than anenvelope is a record. It is the content of the message that determines if it is a record and in whichrecord series the message is placed. (Exhibit 1). The legal basis for deleting PDF attachments toemail sent or received by The Florida Bar. For example, Ms. Jolinskis email Wednesday, June25, 2014 10:02 AM, Re: Public Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17,shows, [attachment "Center for Professionalism_ Regulating - Oath.pdf" deleted by JennyJolinski/The Florida Bar].


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Records for John William Gardner

4. Enclosed is a letter July 14, 2014 of Shanell M. Schuyler closing RFA# 14-14647 stating,inter alia, Furthermore, there is insufficient evidence indicating that Mr. Gardner failed toreport Mr. Rodems for violating the Rules Regulating The Florida Bar.

Mr. Harkness, as Executive Director and Records Custodian for The Florida Bar, please certifywhether or not Mr. Gardner failed to report Mr. Rodems for violating the Rules Regulating TheFlorida Bar, and provide your findings to me, Ms. Schuyler and Mr. Gardner.

Ms. Schuylers finding of insufficient evidence to support your contention that Mr. Gardner"corruptly assisted" Mr. Rodems in obtaining a judgment against you. is misplaced. I do notbelieve the word corruptly appears in the Rules of Professional Conduct, so it is confusing thatMs. Schuyler would rely on a ordinary adjective as part of her closure decision.

But it does call into question whether Ms. Schuyler violated section 112.313, Florida Statutes,

Standards of conduct for public officers, employees of agencies, and local government attorneys.

112.313(6) MISUSE OF PUBLIC POSITION.No public officer, employee of anagency, or local government attorney shall corruptly use or attempt to use his or herofficial position or any property or resource which may be within his or her trust, orperform his or her official duties, to secure a special privilege, benefit, or exemption forhimself, herself, or others....

This is a request for the record of Ms. Schuylers loyalty oath required, as a recipient of publicfunds from the state of Florida, that he/she supports the Constitution of the United States, andFlorida. (Article II, Section 8, Fla. Const.).

Loyalty oaths for Florida Bar employees(Article II, Section 8, Fla. Const.)

5. Loyalty oaths for Florida Bar employees as recipients of public funds from the state ofFlorida that you support the Constitution of the United States, and Florida. For example,

John F. Harkness Gregory W. ColemanJohn T. Berry Ramn A. AbadinAdria E Quintela Arne VanstrumMary Ellen Batemen Troy LovellShanell Schuyler Leonard ClarkLori S. Holcomb Susan Varner BloemendaalJames N. Watson Sandra Fascell Diamond Sheila M. Tuma Andrew B. SassoJan K. Wichrowski Carl B. SchwaitGhunise Coaxum Annemarie CraftPatricia A. T. Savitz Jenny Jolinski


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Oaths of Admissions Discarded

6. Oaths of Admission to The Florida Bar are discarded by the Florida Board of BarExaminers. I am not able to locate evidence that any Bar member took an Oath. Is there arequirement that a record of the Oath of Admission be kept?

The enclosed letter of Michele A. Gavagni, Executive Director, Florida Board of Bar Examiners,dated June 30, 2014 states,

The Florida Board of Bar Examiners received your letter dated June 25, 2014, requestingthe Oaths of Attorney for a list of members of The Florida Bar. The board does not havethe information you are requesting. Once the person's Oath of Attorney has beenprocessed, they are discarded. The date the oath was executed is reflected on The FloridaBar website on the page for each individual attorney.

Enclosed please find The Florida Bar directory page for John William Gardner. I cannot see

where The date the oath was executed is reflected. More problematic may be the fact thatOnce the person's Oath of Attorney has been processed, they are discarded. Therefore, there isno objective evidence that any Florida lawyer actually took the Oath of Admission.

Ms. Jolinski advised by email The bar does not have the original oath which was delivered bythe Florida Supreme Court, we do however, have an annual acknowledgement (sic) of the oaththat is part of our fee statements. I requested June 25, 2014 11:22 AM but not received fromMs. Jolinski an example of the annual acknowledgment.

Thank you. Can you provide an example of the annual acknowledgment of the oath thatis part of the fee statement? Even a link to an un-executed example is fine. Appreciate

your consideration.

The relevant page of the email is enclosed in paper format.

Regarding Ms. Jolinskis assertion that The bar does not have the original oath which wasdelivered by the Florida Supreme Court it does not appear an original oath was delivered.

Supreme Court Clerk John Tomasino advised by email June 17, 2014 7:01 PM,

The oath in SC11-1702 is the current oath. As to your second question, the FloridaSupreme Court does not keep the oath for each attorney submitted to the Bar. I dontknow if the Florida Board of Bar Examiners keeps those records, but you could checkwith them.

A paper copy of Mr. Tomasinos email is enclosed.


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7. Kindly provide the following records. If a page count is under 66 pages, the copy is

provided without charge. Fla.R.Jud. Admin 2.420(i)(3) and Florida Statute 119.07(4)(d).

The Florida Bar and Subsidiaries Financial Statements and Supplemental InformationJune 30, 2010 and 2009

8. Pinellas County School Board Attorney David Koperski provided records showingattorney Eugene P. Castagliuolo resigned April 6, 2009 from a teaching job while underinvestigation for misconduct. Mr. Castagliuolo was a substitute teacher and teacher from April 6,2007, through April 6, 2009. Enclosed are Mr. Koperskis letters, and a one page memo fromAdministrator James T. Lott that states in part,

On April at 2009, our office received the resignation for MR. EUGENECASTAGLIUOLO effective April 6, 2009. He resigned under Investigation, with"personal as his reason.

Please use code #95 to complete your paperwork and note that he is a no rehire.

Public records show evidence of Castagliuolos anger and mental problems, in addition to theinvestigation for misconduct. In my view Castagliuolo is unfit to teach, or practice law.

Mr. Castagliuolo was my counsel June 21, 2011 and failed to advise me that Mr. Rodemssettlement agreement was in fact a bribe offered [F.S. 838.015, 838.016, 838.022] andaccepted by three Florida judges and two state employees. Castagliuolos anger and mentalproblems were also an issue during his representation of me, and his counsel was ineffective.

What is The Florida Bars duty upon receipt of information showing an attorney resigned, in this

case from a state school teaching job, while under state investigation?

9. I do not show a reply my July 16, 2014 records response/request. I wrote you in part,

Responses by Ms. Jolinski provided by email Thursday, June 26, 2014 at 2:12 PM also appearincorrect. Ms. Jolinskis email is attached in PDF.

Ms. Jolinski 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, thenthere are public records, and Ms. Jolinski is wrong. See the Florida Rules of JudicialAdministration, Rule 2.420. Public Access to Judicial Branch Records.

It appears you and The Florida Bar are wrongly protecting Mr. Bauer and Mr. Rodems.


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Ms. Jolinski has not claimed any exemption to providing the records. Therefore, provide therecords immediately.

Regarding fees, I notified you Ms. Jolinski wrote June 26, 2014 at 10:18 AM in part Fla.R.Jud.

Admin 2.420(m)(3) and Florida Statute 119.07(4)(d) authorize and establish fees applicable tothe production of public records for inspection or copying within the judicial branch. andpresented 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 otherthan "17.00 hours" x $13.39 per hour. Okay, I will file with Mr. Harkness a request for therecords in forma pauperis, and appeal any denial through the courts. There are other significantrecords 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 aninformed choice.

Provide the records or a response immediately.

Sincerely,

Neil J. Gillespie8092 SW 115th LoopOcala, Florida 34481Telephone: (352) 854-7807

Email: [email protected]


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1

4 201410:14

AM

The Florida Bar

Page

Record Retention Schedule

Version (2011)

Division (Legal) Department (Lawyer Regulation)

2.440, Florida

Rules of

Judicial Administration establishes

the

requirement

that

all entities

of the

Florida Supreme Court must establish a records management program and comply

with

the retention scheduled developed by

the

The

record retention schedule does

not

impose a

duty to

create records contained in

the

schedule. The purpose

of the

schedule

is to

authorize destruction

of

records after

the

retention period

has

elapsed

....

This schedule

s destruction

of

records unless otherwise provided by court rule The obligation

for

records

is

vested in the Executive Director.

The

Retention Schedule applies

to

records in all media and establishes the retention period

for the

of

The Florida Bar.

TFB

Records Retention Schedule complies

with

the minimum record retention requirements set

forth

in

the

Judicial Branch Record Rete ntion Schedule

JBRS).

Record Reten tion Policy establishes and defines

important

terms

for

The Florida Bar Records Management Program.

Each

Record Series

has

a Responsible Department who maintains

the

Master Record

for the

duration

of the

that apply to All

TFB

Depts., for example, Correspondence, Minutes: Official Minutes, etc.

The TFB

Schedule also establishes retention for Master Records and Duplicate/Convenience

time-based

or

event based.

An

event-based retention period requires

that

an

event take place

prior to

the tolling

of

the retention period. For example in the

case

of

Personnel Records, Termination plus 25

that

the tolling

of

the

25

years cannot begin until termina tion

of

the employee and Audit plus 5 fiscal years means

that

the 5-year retention period

of

the

record begins after

the

audit

has

occurred.

Schedule

is

comprised

of

Record Series

a

group

of

related documents . For example, the Personnel Records record series consists

of

the application/resume, criminal background report, W-4 forms, etc. Therefore,

the application are assigned

to

the record series Personnel Records.

to

understand

that

departmental records are needed by other

TFB

departments. Member Records are Master Records

of

the Membership Records Department; however, those records are used by almost every

of

the Bar. Consequently

it

is important to

determine constituencies

of the

Bar records. Another de partment might rely on

the

existence

of

a record

for

a longer period than

the

Responsible Department. Retention Period

is

isamessagedeliverysYstem.lt isnotarecordnomorethananenvelopeisarecord.l t is the content

of

the message that determines if it

is

a record and in which record series the message

is

placed.

FB

Retention Schedule

is

a living document and will change over time

as

new processes, rules, procedures,

or

statues are enacted. And,

as

new systems are installed or upgraded.

etention Schedule authorizes the disposition

of

records.

The

Disposition Authorization Form documents

when

how and

by whom

the disposition was completed. The process also ensures

that

no litigation holds are in place

that

to

be

maintained.

The

documentation explains why a record

is

not available for discovery, public record request, audit, etc.

t

formalizes the disposition process. t demonstrates

that

disposition occurred in the

of

business. Copies or duplicate records

can be

disposed

of

once they have on administrative

or

operational need. They do not require approval

for

disposition.

your questions to the Records Management Department.


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BYLAW 2-4.3 DUTIES OF EXECUTIVE DIRECTOR

2 BYLAWS OF THE FLORIDA BAR

2-4 OFFICERS

BYLAW 2 - 4 . 3 DUT I ES OF EXECUT I VE D I RECTOR

The executive director shall be chosen by the board of governors and shall perform all duties usually required of a secretary and a

treasurer and such other duties as may be assigned by the board of governors. The executive director shall serve as publisher of The

Florida Bar Journal and The Florida Bar News and as director of public relations until otherwise directed by the board of

governors. The executive director shall keep the records of The Florida Bar and the board of governors. The executive director shall

maintain and be in charge of the offices and shall devote full time to the work of The Florida Bar. The board shall fix the executive

director's salary and other benefits and emoluments of office.

[Revised: 01/01/1993]

ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC MEMBER SERVICES FIND A LAWYER

http://www.floridabar.org/divexe/rrtfb.nsf/FV/1D9C87CF4997102185256BC00


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Creed of ProfessionalismCreed of ProfessionalismCreed of ProfessionalismCreed of ProfessionalismCreed of Professionalism

I revere the law, the judicial system, and the legal profession and will at all times in my

professional and private lives uphold the dignity and esteem of each.

I will further my professions devotion to public service and to the public good.

I will strictly adhere to the spirit as well as the letter of my professions code of ethics, to the

extent that the law permits and will at all times be guided by a fundamental sense of honor,

integrity, and fair play.

I will not knowingly misstate, distort , or improperly exaggerate any fact or opinion and will

not improperly permit my silence or inaction to mislead anyone.I will conduct myself to assure the just, speedy and inexpensive determination of every action

and resolution of every controversy.

I will abstain from all rude, disruptive, disrespectful, and abusive behavior and will at all

times act with dignity, decency, and courtesy.

I will respect the time and commitments of others.

I will be diligent and punctual in communicating with others and in fulfilling commitments.

I will exercise independent judgment and will not be governed by a clients ill will or deceit.

My word is my bond.


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April 1, 2014 Florida Rules of Judicial Administration 107

(1) Exhibits in criminal proceedings shall be disposed of asprovided by law.

(2) All other exhibits shall be retained by the clerk until 90 daysafter a judgment has become final. If an exhibit is not withdrawn pursuant to

subdivision (i) within 90 days, the clerk may destroy or dispose of the exhibitsafter giving the parties or their attorneys of record 30 days notice of the clerks

intention to do so. Exhibits shall be delivered to any party or attorney of recordcalling for them during the 30-day time period.

(g) Disposition Other Than Destruction.Before destruction ordisposition of court records under this rule, any person may apply to the court for

an order requiring the clerk to deliver to the applicant the court records that are to

be destroyed or disposed of. All parties shall be given notice of the application.

The court shall dispose of that court record as appropriate.

(h) Release of Court Records.This rule does not limit the power of the

court to release exhibits or other parts of court records that are the property of theperson or party initially placing the items in the court records. The court may

require copies to be substituted as a condition to releasing the court records underthis subdivision.

(i) Right to Expunge Records.Nothing in this rule shall affect the

power of the court to order records expunged.

(j) Sealed Records.No record which has been sealed from public

examination by order of court shall be destroyed without hearing after such noticeas the court shall require.

(k) Destruction of Jury Notes. At the conclusion of the trial and

promptly following discharge of the jury, the court shall collect all juror notes andimmediately destroy the juror notes.

RULE 2.440. RETENTION OF JUDICIAL BRANCH

ADMINISTRATIVE RECORDS

(a) Definitions.

(1) Judicial branch means the judicial branch of government,

which includes the state courts system, the clerk of court when acting as an arm ofthe court, The Florida Bar, the Florida Board of Bar Examiners, the Judicial


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April 1, 2014 Florida Rules of Judicial Administration 108

Qualifications Commission, and all other entities established by or operating underthe authority of the supreme court or the chief justice.

(2) Records of the judicial branch means all records, regardlessof physical form, characteristics, or means of transmission, made or received in

connection with the transaction of official business by any judicial branch entityand consists of:

(A) court records, which means the contents of the courtfile, including the progress docket and other similar records generated to document

activity in a case, transcripts filed with the clerk, documentary exhibits in thecustody of the clerk, and electronic records, videotapes, or stenographic tapes of

depositions or other proceedings filed with the clerk, and electronic records,videotapes, or stenographic tapes of court proceedings; and

(B) administrative records, which means all other recordsmade or received pursuant to court rule, law, or ordinance, or in connection withthe transaction of official business by any judicial branch entity.

(b) Retention Requirements.Administrative records in the judicialbranch shall be retained in accordance with the Judicial Branch Records RetentionSchedule approved by the supreme court.

2002 Commentary

This rule does not apply to court records and files that are governed by rule 2.075 [renumbered as 2.430 in

2006]. This rule applies to administrative records.

To provide a consistent schedule for retention of administrative records in the judicial branch, the Supreme

Court Workgroup on Public Records recommended that the Court adopt the Judicial Branch Records Retention

Schedule. This schedule uses the legislatively authorized Department of State retention schedules, as appropriate,

and includes a schedule for other records that are unique to the judicial branch. [This schedule is set forth at the end

of these rules.]

RULE 2.450. TECHNOLOGICAL COVERAGE OF JUDICIAL

PROCEEDINGS

(a) Electronic and Still Photography Allowed.Subject at all times tothe authority of the presiding judge to: (i) control the conduct of proceedings

before the court; (ii) ensure decorum and prevent distractions; and (iii) ensure thefair administration of justice in the pending cause, electronic media and still

photography coverage of public judicial proceedings in the appellate and trial


12/30

jfloriba _oarb of Jjar examiners

ADMINISTRATIVE BOARD OF THE SUPREME COURT OF FLORIDA

1891

Eider Court Tallahassee FL 32399-1750

Michele A Gavagni

www.floridabarexam.org

Executive Director

June

30 2014

Mr. Neil J. Gillespie

8092 SW 115

th

Loop

Ocala,

FL 34481

In Re:

Public Access

The Florida Board of Bar Examiners received your letter dated June 25 2014, requesting the

Oaths of Attorney for a list

of

merrlbers of The Florida Bar. The board does not have the

information you are requesting. Once the person s Oath of Attorney has been processed, they

are discarded. The date the oath was executed is reflected on The Florida Bar website on the

page for each individual attorney.

The Florida Board of Bar Examiners does not correspond by email.

Sincerely yours,

MICHELE

A.

GAVAGNI

Executive Director

MAG:srh


13/30

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THE FLORIDA BAR / Find A Lawyer / MemberProfile Search The Florida Bar

Eligible to Practice Law in Florida

Bar Number:

Addres s:

Phone:

Fax:

Email:

vCard:

County:

Circuit:

Admit ted:

10-Year Disc ipline

History:

Law School:

Firm:

John William Gardner

Member in Good Standing

745219

221 E Robertson St

Brandon, FL 33511-5234

United States

813-651-0055

813-651-1874

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Hillsborough

13

04/21/1988

None

Stetson University College of Law

John W Gardner Pa

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p://www.floridabar.org/wps/portal/flbar/home/attysearch/mprofile/!ut/p/a1/jc_LDoIwEAXQT-pthRaWo6mkRazxgdCNYUWaKLowfr_42Li


14/30

Neil Gillespie

From: "Neil Gillespie" To: "Jenny Jolinski" Sent: Wednesday, June 25, 2014 11:22 AMSubject: Re: Public Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17

Page 1 of 3

7/24/2014

Thank you. Can you provide an example of the annual acknowledgment of the oath that is part of the fee statement? Even a linkto an un-executed example is fine. Appreciate your consideration.

----- Original Message -----From:Jenny JolinskiTo: Neil GillespieSent:Wednesday, June 25, 2014 10:02 AMSubject: Re: Public Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17

Mr. Gillespie,

I resending my response as you requested.

Regards,

Jenny R. Jolinski, CRM CDIA+

Records Manager,

The Florida Bar

651 East Jefferson Street

Tallahassee, FL 32399-2300

850-561-5708

[email protected]

Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding Barbusiness 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: Jenny Jolinski/The Florida Bar

To: "Neil Gillespie"

Date: 06/23/2014 12:24 PM

Subject: Public Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17

Dear Mr. Gillespie,

In addition to my response below. The bar does not have the original oath which was delivered by the Florida Supreme

Court, we do however, have an annual acknowledgement of the oath that is part of our fee statements.

Regards,

Jenny R. Jolinski, CRM CDIA+

Records Manager,

The Florida Bar651 East Jefferson Street


850-561-5708

[email protected]

From: Jenny Jolinski/The Florida Bar

To: "Neil Gillespie"


15/30


16/30

Sincerely,

Neil J. Gillespie8092 SW 115th LoopOcala, Florida 34481Telephone: 352-854-7807Email: [email protected]

Page 2 of 2

7/24/2014


17/30

THE FLORIDA

BAR

651 EAST JEFFERSON

STREET

JOHN F. HARKNESS,

JR.

TALLAHASSEE,

FL

32399-2300

850/561-5600

EXECUTIVE DIRECTOR

WWW.FLORIDABAR.ORG

July 14,2014


8092 S.W. 115th Loop

Ocala, FL 34481

Re: Mr. John William Gardner;

RFA# 14-14647

Dear Mr. Gillespie:

Pursuant to your request for review I have reviewed the file in my capacity as Director of ACAP and conclude

that the decision to close the file was appropriate.

When a grievance is filed against an attorney, Bar counsel must analyze the complaint and the supporting

evidence from the standpoint of whether or not, as a prosecutorial agency, the case stands a reasonable chance

of

being won

if

litigated. One of the considerations Bar Counsel must weigh in deciding whether to close a

file o r proceed further to seek disciplinary measures is the weight of the available evidence. If the Bar seeks to

discipline the lawyer, it is required by Supreme Court ruling to show, by "clear and convincing" evidence that

there has been a violation of one or more

of

the Rules Regulating The Florida Bar. Clear and convincing

evidence has been defined as "evidence so clear, direct and weighty and convincing as to enable [the

factfinder] to come to a clear conviction, without hesitancy, of the truth of the precise facts in issue." This

burden

of proof

is heavier than the burden

of

proof required in an ordinary civil trial.

In the instant matter, there is insufficient evidence to support your contention that Mr. Gardner "corruptly

assisted" Mr. Rodems in obtaining a judgment against you. Furthermore, there is insufficient evidence

indicating that Mr. Gardner failed to report Mr. Rodems for violating the Rules Regulating The Florida Bar.

Accordingly, this file remains closed and the computer record will be disposed of one year from the date of

closure pursuant to the

Bar s

record retention policy.

Sincerely,

'

) .

~

~ ~

Shanell M. Schuyler, Director

of

Intake

ACAP Hotline 866-352-0707

cc: Mr. John William Gardner


18/30

cse

INELL S COUNTY SCHOOLS

April 16, 2014


8092 SW 11Sth Loop

Ocala,

FL

34481

ADMINISTRATION IUILDING

301

Fourth St SW

P.O.

Box

2942

Largo. FL 33779-2942

Ph.

(727)

588-6000

SCHOOL BOARD Of

PINELLAS

COUNTY FLORIDA

Chairperson

Carol

J

Cook

Vice Chairperson

Linda

S. Lerner

Janet R

Clark

Rene

Flowers

Terry Krassner

Peggy L 0'

Shea

Robin

L

Wikle

Superintendent

Michael Grego,

Ed.D.

Sent via email to:[email protected]

Re: Public Records Request No. 14-146P

Dear Mr. Gillespie:

We are in receipt of your public records request made via e-mail to Dr. Grego at 5:35

p m on April 15,

2014,

requesting

a

copy

of

the personnel file

of

Eugene P Castagliuoio,

which has been assigned as PRR#14-146P.

The District had an employee

by

the name

of

Eugene P Castagliuolo, Jr., who was a

substitute teacher and teacher from April 6, 2007, through April 6, 2009.

The

person you

named was not the School Board Attorney

or

any other attorney employed

by

the School

Board.

Please advise whether you intend to seek a copy

of

the personnel file ofEugene P

Castagliuolo, Jr. Ifwe do not hear from you within the next ten (10) days,

we

will close

our file

on

this matter.

Sincerely,

D ~ e t r A

School Board Attorney

DK/klnl

cc:

Carol

J

Cook, Chairperson, School Board

Michael A. Grego, Ed.D., Superintendent

Dr. Ron Ciranna, Asst. Superintendent, Human Resources Services

The School Board of Pinellas County. Ronda

prooibits

any and all

forms of

discrimination and harassment based on race, color,

sex,

religion, national origin, marital status, age, sexual

orientation

r disability in

any

of

its

programs, services or

activities

Education for

a Changing

World www.pcsb,org


19/30


20/30

(

_ e i i N

J S ~

i l i l l i l . 1 . l t , . e l

L

DAT.E:

April 6, 2009

TO:

The Fife of

EUGENE

CASTAGLIUOLO

SSN

FROM: James

T

LotI

Administrator

Office of Professional Standards

SUBJECT: Resignation/Retirement

On

April

t 2009,

our

office received the resignation for MR. EUGENE

CASTAGLIUOLO

effective April 6,

2009.

He resigned

under Investigation,

with

"personal

n

as

his reason.

Please usa

code

#95 to complete your paperwork

and

note that he

Is

a no rehire.

co:

Barbara

Thornton

- Associate

Superintendent,

Region IV

Patricia Fuller -

Principal,

Bayside High School

Harriet

Konstantinidis -

Director.

Personnel Department

Mickey Converse

-

Payroll

Department

Suzan Hartman - Risk Management

Personnel

File

Invest

File

bp


21/30

VIA UPS No. 1Z64589FP292407249 July 16, 2014Email: [email protected]

Mr. John F. HarknessExecutive Director and Records CustodianThe Florida Bar651 East Jefferson Street


Dear Mr. Harkness:

Responses by Ms. Jolinski, Records Manager for The Florida Bar, provided by email Thursday,June 26, 2014 at 10:18 AM appear incorrect. Ms. Jolinskis email is attached in PDF

Ms. Jolinski wrote Three are inquiries in which no complaint was filed and consequently thereare no public documents. First, I am seeking public records, not public documents. Threeinquiries certainly resulted in public records, regardless of whether a complaint was filed. Thepublic 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 ofJudicial Administration, Rule 2.420. Public Access to Judicial Branch Records.

Responses by Ms. Jolinski provided by email Thursday, June 26, 2014 at 2:12 PM also appearincorrect. Ms. Jolinskis email is attached in PDF.

Ms. Jolinski 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 thereare public records, and Ms. Jolinski is wrong. See the Florida Rules of Judicial Administration,Rule 2.420. Public Access to Judicial Branch Records.

Rule 2.420(b) Definitions (1) Records of the judicial branch are all records, regardless ofphysical form, characteristics, or means of transmission, made or received in connection with thetransaction 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 orreceived pursuant to court rule, law, or ordinance, or in connection with the transaction ofofficial business by any judicial branch entity.

Rule 2.420(b) Definitions (2) Judicial 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, TheFlorida Bar, the Florida Board of Bar Examiners, the Judicial Qualifications Commission, and allother entities established by or operating under the authority of the supreme court or the chiefjustice.


22/30

Mr. John F. Harkness, Executive Director and Records Custodian July 16, 2014The Florida Bar Page - 2

Ms. Jolinski 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. Jolinski wrote June 26, 2014 at 10:18 AM in part Fla.R.Jud. Admin 2.420(m)(3) andFlorida Statute 119.07(4)(d) authorize and establish fees applicable to the production of publicrecords 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 myability to pay. The invoice does not show a basis for $227.63 other than "17.00 hours" x $13.39per hour. Okay, I will file with Mr. Harkness a request for the records in forma pauperis, andappeal any denial through the courts. There are other significant records bills elsewhere, so Illdraft one petition for all of them.

Until then, kindly provide the cost for the each individual record below, so that I can make aninformed choice.

Mr. Bauer201300541 - complainant: GillespieACAP 14-2445 - Evans (no public documents)201400144 - complainant: Wilson

Mr. RodemsACAP 14-9913 - GillespieACAP 14-14506 - Francis (no public documents)

Mr. Barker

201490116 - GillespieACAP 14-14302 - Gillespie

Mr. Castaoliuolo201211345 - Bessler (previously provided, no new documents per Lawyer Regulations)201310162 - Gillespie (Provided by the Tampa office)201310922 - VolpeACAP 14-14243 - Tomaso (no public documents)

Thank you in advance for the courtesy of a response.

Sincerely,

Neil J. Gillespie8092 SW 115th Loop Telephone: (352) 854-7807Ocala, Florida 34481 Email: [email protected]

Enclosures


23/30

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

32399-2300850-561-5600

www.FLORIDABAR.org

June 23, 2014

Neil J. Gillespie8092 SW 115th LoopOcala, Florida 34481

Public Records Request CCOL-9KWJX8

ESTIMATE INVOICE

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 wil l be cancelled if payment is not received within 30 days**

Remit Payment To: The Florida BarCash Receipts651 E. Jefferson St.Tallahassee, FL 32399-2300

Records ManagementAttn: Jenny R. Jolinski

(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.)


24/30

Neil Gillespie

From: "Jenny Jolinski" To: "Neil Gellespie" Sent: Thursday, June 26, 2014 10:18 AM

Attach: Letter to Chief Justice Polston.pdf; Polston Letter - 2nd Accounting of ADA Compliance.pdf;Gillespie.pdf

Subject: Public Record Request - CCOL-9KWJX8(Gillespie) - 2014-06-06

Page 1 of 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 aprotocol for Bar-related activities at all levels to ensure compliance with all ADA and accessrequirements. We request The Florida Bar to report its progress to this court 60 days from this date andeach 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 TheFlorida 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 110583. This is a request for records about, showing or explaining,

C. Discipline or complaints for Ryan Christopher Rodems, Bar ID 947652D. Discipline or complaints for William John 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.


25/30

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 inwhich 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,

enny R. Jolinski, CRM CDIA+

Records Manager,

The Florida Bar



850-561-5708

[email protected]

Please note: Florida has very broad public records laws. Many written communications to or from The Florida Barregarding 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 2 of 2

7/16/2014


26/30

Neil Gillespie

From: "Jenny Jolinski" To: "Neil Gillespie" Sent: Thursday, June 26, 2014 2:12 PMSubject: Re: Public Record Request - CCOL-9KWJX8(Gillespie) - 2014-06-06

Page 1 of 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,


Records Manager,

The Florida Bar



850-561-5708

[email protected]



From: "Neil Gillespie"

To: "Jenny Jolinski"


27/30

Cc: "John F Harkness" , "Neil Gillespie"

Date: 06/26/2014 12:45 PMSubject: Re: Public Record Request - CCOL-9KWJX8(Gillespie) - 2014-06-06

Jenny R. Jolinski, CRM CDIA+Records Manager, The Florida Bar

Dear Ms. Jolinski,

Thank you for your response. The amount on the invoice, $227.63, is well beyond my ability to pay. Theinvoice does not show a basis for $227.63 other than "17.00 hours" x $13.39 per hour. Okay, I will filewith 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 toppriority, follows by records for Mr. Bauer, a referral from The Bar. Thank you.

Sincerely,

Neil J. Gillespie8092 SW 115th LoopOcala, Florida 34481Phone: 352-854-7807Email: [email protected] Original Message -----

From:Jenny JolinskiTo:Neil GellespieSent:Thursday, June 26, 2014 10:18 AMSubject:Public Record Request - CCOL-9KWJX8(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 aprotocol for Bar-related activities at all levels to ensure compliance with all ADA and accessrequirements. We request The Florida Bar to report its progress to this court 60 days from this date andeach 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 2 of 4

7/16/2014


28/30

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 TheFlorida 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 110583. This is a request for records about, showing or explaining,

C. Discipline or complaints for Ryan Christopher Rodems, Bar ID 947652D. Discipline or complaints for William John 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 therecords 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 ofinvestigation are confidential.

If we have not received a response from you within 30 days, this request will be closed.

Regards,


Page 3 of 4

7/16/2014


29/30

Records Manager,

The Florida Bar



850-561-5708

[email protected]



Page 4 of 4

7/16/2014


30/30

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Documents

John F Harkness, The Florida Bar letter July 28, 2014