As many know, last week I’ve filed a lawsuit against the City of Deerfield Beach and Mayor Jean Robb, alleging violations of Florida Public Records and Sunshine Laws.
Always looking to push the envelope, this week we’re going to amend our complaint.
Here’s the lowdown.
So, in response to my June 2013 request of all of Robb’s city related emails contained within her personal accounts, in particular the account “AskMayorRobb@comcast.net”, nothing was provided.
Illegal, in fact.
Here are the possible “right” answers for responding to our request:
- All of the city related emails sent/received.
- Written notification that “no documents exist responsive to that request.”
- Citation of the appropriate Florida Statute that allowed for exemption.
- A combination of some/all of the above.
What’s not allowed is radio silence.
From the Attorney General’s website:
A custodian of a public record who contends that the record or part of a record is exempt from inspection must state the basis for that exemption, including the statutory citation. Additionally, when asked, the custodian must state in writing the reasons for concluding the record is exempt.
From Florida Statute 119:
In any civil action in which an exemption to this section is asserted, if the exemption is alleged to exist under or by virtue of s. 119.071(1)(d) or (f), (2)(d),(e), or (f), or (4)(c), the public record or part thereof in question shall be submitted to the court for an inspection in camera. If an exemption is alleged to exist under or by virtue of s. 119.071(2)(c), an inspection in camera is discretionary with the court. If the court finds that the asserted exemption is not applicable, it shall order the public record or part thereof in question to be immediately produced for inspection or copying as requested by the person seeking such access.
I find myself in a PRR black hole, wondering about those emails:
- Do they exist?
- Are they being kept from me?
- Were they destroyed?
I’ve heard it said, in the past six months, outside of the Commission meetings, Robb might have visited City Hall only a small handful of times.
Is she a shut-in? Maybe it’s paranoia… Or perhaps she’s confident in the “career advice” she’s been receiving from John Grassi-Ass.
Whatever the case, it is quite evident she’s clueless about Florida Statute 119 (Records Law). And given her horrible history with the Clerk’s Office, Robb seems unwilling to seek professional help.
MAOS, on the other hand, is a stone-cold expert at this stuff.
We. Are. Bad Ass.
This will be her downfall.
Speaking of radio silence.