Chaz - Complaint LL

7/28/2019 Chaz - Complaint LL

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2. That the Defendant THE CITY OF LAUDERDALE LAKES

COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as

LLCRA) is an entity created as both corporate and politic by the CITY

OF LAUDERDALE LAKES, pursuant to 163.356(1) Florida Statutes.

3. That the Defendants CITY OF LAUDERDALE LAKES (hereinafter

referred to as LLCITY or LAUDERDALE LAKES) is a municipal

corporation located entirely within Broward County, Florida.

4. That the Plaintiff LAW OFFICES OF DAVID A. FRANKEL, P.A. is a

professional association, incorporated and doing business in the State

of Florida and Broward County.

5. That Plaintiff TIMOTHY CHAZ STEVENS is a resident of Broward

County, and is otherwise sui juris.

FACTS COMMON TO ALL CAUSES OF ACTION

6. That LAUDERDALE LAKES and the LLCRA are both legal entities

subject to, and specifically included within the intended scope and

purpose of Chapter 119, Florida Statutes.

7. That pursuant to 119.01(1) Florida Statutes:

It is the policy of this state that all state, county, and municipalrecords are open for personal inspection and copying by anyperson. Providing access to public records is a duty of eachagency.

8. That the costs to be charged by Defendants for compliance of their duty

herein, associated with both copying and duplication in any medium,

are proscribed in 119.07, Florida Statutes, as follows:


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(4) The custodian of public records shall furnish a copy or acertified copy of the record upon payment of the fee prescribed bylaw.

If a fee is not prescribed by law, the following fees areauthorized:

1. Up to 15 cents per one-sided copy for duplicated copies ofnot more than 14 inches by 81/2inches;2. No more than an additional 5 cents for each two-sided

copy; and3. For all other copies, the actual cost of duplication of the

publicrecord.Actual cost of duplication is defined as the cost of the material and

supplies used to duplicate the public record, but does not include the labor cost

and overhead cost associated with such duplication. 119.011(1), Florida

Statutes.

9. ThatDefendants are further obligated by 119.07(1)(c) which states: a

custodian of public records and his or her designee must acknowledge

requests to inspect or copy records promptly and respond to such

requests in good faith. A good faith response includes making

reasonable efforts to determine from other officers or employees within

the agency whether such a record exists and, if so, the location at

which the record can be accessed.

10.That pursuant to Chapter 119, Florida Statutes, Defendants are

required to specifically state the basis upon which they refuse to

produce any records requested. Subsection 119.07(1)(e), FloridaStatutes states:

If the person who has custody of a public record contendsthat all or part of the record is exempt from inspection andcopying, he or she shall state the basis of the exemption thathe or she contends is applicable to the record, including the


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statutory citation to an exemption created or afforded bystatute.

11. That as more specifically set forth below Defendants have violated

Chapter 119, Florida Statutes in both word and spirit by failing to

provide transparency to municipal government function by:

a. failing to promptly acknowledge and respond to Plaintiffs requests

in good faith. 119.07(1)(c), Florida Statutes.

b. outright failure to produce records requested by Plaintiffs and/or

withholding records without citation or claim of any lawful

exemption. 119.07(1)(e), Florida Statutes.

c. attempting to thwart and restrain Plaintiffs from gaining access to

public records by imposing illegal fees and costs for duplication

and/or inspection thereof. 119.07(4), Florida Statutes.

Requests designated from Law Offices of David A. Frankel, P.A.

12. That during the period February 25, 2013 to May 12, 2013 Plaintiff, the

Law Offices of David A. Frankel, P.A. (Frankel) submitted to the

Defendants LLCRA, and LLCITY, three separate letters containing

multiple requests for public records within the scope and purview of

Chapter 119, Florida States. (each separate request treated separately

below)

(1st request)

13. That on February 25, 2013 Plaintiff submitted a public records request

pursuant to Chapter 119, Florida Statutes seeking records and


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materials pertaining to compensation or any monies paid to members of

the Board of Commissioners of the LLCRA as reimbursement for

expenditures made on behalf of the LLCR. 1 Pursuant to

163.356(3)(a), Florida Statutes, A commissioner shall receive no

compensation for services, but is entitled to the necessary expenses,

including travel expenses, incurred in the discharge of duties. (a copy

attached hereto as exhibit A)

14. That in response to this request for this material (herein after referred to

as reimbursement material) Defendants provided Plaintiffs with a CD

containing the written minutes of meetings for the years 2008 to 2012,

none of which contained any information remotely connected or

pertaining to what was requested.

15. That Defendants having failed to provide any material in response to

this request Plaintiffs made a second request on April 20, 2013 (copy

attached herein as exhibit B). Defendants still failing to comply with

this request Plaintiffs threatened suit, and on or about June 1, 2013

received partial compliance from Defendants; receiving incomplete

documentation of reimbursement for expenses made pursuant to

163.356(3)(a), Florida Statutes.

16. That also on February 25, 2013 Plaintiffs requested a copy of an audit

report commissioned by LLCITY and LLCRA regarding the

1The terms records and materials used in this complaint refer to the broadly statedlanguage in the requests themselves, i.e. all records, documents, notes ledgers, emails,lists, to capture all available information. See actual requests for specific informationrequested.


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disappearance of monies from the accounts of the LLCRA. This audit is

commonly referred to as the Kessler Report. Thereafter Defendants

provided to Plaintiffs a partial copy of the report, excluding without

explanation 61 exhibits referenced and contained in the report. These

exhibits were not made available until June 17, 2013 after Plaintiffs

threatened suit.

(2nd request)

17. That on April 5, 2013 Plaintiffs submitted a request to Defendants

pursuant to Chapter 119, Florida Statutes seeking copies of all

contracts entered into by the LLCRA for improvement or maintenance

projects in an amount greater than $50,000, for the years 2008 to the

present. (copy attached hereto as exhibit C) Defendants failed to

provide any material whatsoever in response to this request. After

demand and threat of suit by letter on June 6, 2013 Defendants

provided only two contracts and three purchase orders. Based on

credible information it is believed that Defendants have failed to fully

and lawfully comply with that request.

(3rd request)

18. That on April, 2013 Plaintiffs submitted a request to Defendants


documents and communications for all LLCRA public requests for bid

offers pertaining to projects as described above in paragraph 17; as

well as all documents and communications pertaining to all reciprocal

bid offers received. Defendants have failed to provide any material in

response to this request.


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(4th request)

19. That on April 12, 2013 Plaintiffs submitted a request to Defendants


documents and communications for projects as described above in

paragraph 17 where the LLCRA did not solicit any competitive bids.

This request also sought the names of all persons and/or entities with

whom the LLCRA entered into any such agreement formally or

informally. Defendants have failed to provide any material whatsoever

in response to this request.

(5th Request)

20. That on May 12, 2013 Plaintiffs submitted a request to Defendants

pursuant to Chapter 119, Florida Statutes seeking a real estate

appraisal conducted by the firm Anderson & Carr, Inc. submitted to

Defendants in connection with the sale of property owned by the

LLCRA and sold to the LLCity. This property is commonly referred to

as the Ireland property. In addition this same request sought all back-

up material regarding the acceptance and approval of the selling price

for that property including all memoranda, notes, emails and

communications.

21. Defendants have failed to provide any material whatsoever in response

to this request.

Requests designated from Timothy Chaz Stevens

(6th request)


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22. That on May 5, 2012 Plaintiff Timothy Chaz Stevens (Stevens)

submitted a request to Defendant LLCity pursuant to Chapter 119,

Florida Statutes seeking, since 2010, copies (NOT RESEARCH) of

City Manager Jon Allens City issued credit card statements.

23. That included in the information furnished to Stevens by LLCity

pursuant to the request set forth in paragraph 22 above were copies of

two months of credit card statements. Thus LLCity failed to furnish at

least 38 months of credit card statements for the card issued to City

manager Jon Allen as requested. Additionally LLCity failed to claim any

exemption for the records withheld as required by 119.07(e), Florida

Statutes.

(7th request)

24. That on August 16, 2012 Plaintiff Stevens made a public records

request to the City pursuant to Chapter 119, Florida Statutes, stating:

For the past year, copies of all emails sent from Hazeline Carson to

me. I am looking for an electronic archive. In response to this request

Stevens received copies of 25 emails. Based on personal knowledge

and electronic data Stevens alleges herein that LLCity has failed to

comply with this request by withholding the remaining requested

emails. Additionally LLCity failed to claim any exemption for the records

withheld as required by 119.07(e), Florida Statutes.

(8th request)

25. That on or about late 2011 or early 2012 Plaintiff Stevens made a

separate request to LLCity pursuant to Chapter 119, Florida Statutes,

seeking to inspect :


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a. all employments files of female subordinates of City Manager

Jonathan Allen (including department heads).

b. for the preceding three years, all travel records of those female

subordinates and City Manager Jonathan Allen.

c. for the preceding three years, all salary increases granted to those

female subordinates.

27. That in response to the request to inspect the material set forth in paragraph

26 above, Stevens was informed by LLCity that prepayment of $776.65

would be required for the inspection.

(9th request)

28. That on or about late 2011 or early 2012 Plaintiff Stevens made a separate

request to LLCity pursuant to Chapter 119, Florida Statutes, seeking to

inspect copies of LLCity records pertaining to disciplinary action(s) related to:

a. any complaints filed by former employee Sue Campbell with regards to

possible inappropriate contact between Jonathan Allen and female

staffers.

b. filed against former employee Sue Campbell

c. any complaints filed by former employee Geri Peterkin with regards to

possible inappropriate contact.

29. That in response to the public records request to inspect the material set

forth in paragraph 28 above, Stevens was informed that prepayment of

$180.00 would be required for the inspection

(10th request)

30. That on or about late 2011 or early 2012 Plaintiff Stevens made a separate

request to the City pursuant to Chapter 119, Florida Statutes, seeking


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during that period, 3 months of records, for July, August and September of

2010 were not provided. Additionally, of the remaining 56 months of

records provided, 35 were incomplete; missing available information

identifying to whom reimbursements were made.

b. complete documentation for at least 21 instances of payments to

Commissioners and/or staff of the LLCRA.

c. all LLCRA bank or credit card records, statements and receipts for each

person issued, authorized, or who used such a bank or credit card, for the

years 2008 until the present per the request.

40. That by failing to acknowledge Plaintiffs request, failing to comply with the

request promptly and without unnecessary delay, and by failing to provide all

available public information in regard to this request Defendants have

violated Chapter 119, Florida Statutes.

COUNT II(2nd request)

(violation of Chapter 119, Florida Statutes)

41. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though 39

above as if specifically set forth herein.

42. That on April 5, 2013 Plaintiffs specifically requested:

a complete and accurate list of all contracts entered into bythe LLCRA for any construction services or material, or otherservices; including maintenance, refitting, refurbishing, or anysimilar activity, for projects approved, undertaken (jointly orsingularly) or sanctioned by the LLCRA for more that $50,000for the years 2008 until present.


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Defendants failed to respond to the request or claim any statutory

exemption, and did not produce any material in accord therewith.

After a second request and threat of suit, Defendants on June 17,

2013, did furnish Plaintiffs with:

a. a list of three projects with corresponding purchase orders:

i. 2010 IBI Group, Inc. 9/22/2010 $57500 Town Center

ii. 2012 Cornerstone Paving 6/1/12 $125,000 parking lot

iii. 2012 Arje Holdings LLC 5/30/12 $250,000 BM&F

b. copies of two contracts:

i. October 19, 2010 Commercial Faade Improvement ProgramLoan Agreement

ii. February 8, 2012 Lauderdale Lakes CRA Contract forConstruction of Library Parking Lot.

43. That based on common knowledge of LLCRA activity since 2008 there

exist multiple projects falling into the parameters set forth in paragraph

41 above for which Defendants failed to provide public information.

44. That by failing to acknowledge Plaintiffs request, failing to comply with the

request promptly and without unnecessary delay, and by failing to provide all

available public information in regard to this request Defendants have

violated Chapter 119, Florida Statutes.

COUNT III(3rd request)


45. That Plaintiffs re-allege and incorporate by reference paragraphs 1 though

43 above as if specifically set forth herein.


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50. That by failing to acknowledge Plaintiffs request, failing to claim any statutory

exemption, and failing to comply with the request promptly and without

unnecessary delay Defendants have violated Chapter 119, Florida Statutes.

COUNT V(5th request)




52. That on May 12, 2013 Plaintiffs submitted to Defendants a public records

request pursuant to Chapter 119, Florida Statutes seeking:

A copy of the real estate appraisal conducted by Anderson andCarr, Inc. for the Ireland property upon which the LLCRA basedits offer of purchase price.

and further

all back up material regarding the acceptance and approval ofthe appraisal value determined by Anderson & Carr for thepurchase of this property. This should include all memoranda,notes, emails, and communications.

Defendants have failed to acknowledge this request, claim statutory

exemption, or to comply with this request.

53. That by failing to acknowledge Plaintiffs request, failing to claim any statutory

exemption, and failing to comply with the request promptly and without

unnecessary delay Defendants have violated Chapter 119, Florida Statutes.

COUNT VI(6th request)



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55. That as stated above in paragraph 22 Plaintiffs sought credit card records for

cards issued to City manager Jonathan Allen since 2010. In contravention of

Florida public record laws Defendants failed to comply with Plaintiffs lawful

request by withholding a substantial portion of the records without having

claimed any lawful exemption. Additionally, Defendants sought to prevent

Plaintiffs access to the information sought by imposing an unlawful charge

intended to dissuade Plaintiffs from pursuing their request.

56. That by failing to furnish all the records sought, failing to claim any statutory

exemption for the material withheld, and by attempting to prevent Plaintiffs

access to the information with an artificially and/or unlawful fee, Defendants

have violated Chapter 119, Florida Statutes.

COUNT VII(7th request)




58. That as previously set forth with particularity in paragraph 25 above Plaintiffs

have sought complete public records encompassing all emails between

Hazeline Carson and Plaintiff Stevens. Plaintiffs have personal knowledge

that the 25 emails produced in response to this request is not complete and

that Defendants have failed to fully comply.


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59. That having failed to fully comply with the request for these emails and

having not claimed any legal exemption for the materials withheld

Defendants have violated Chapter 119, Florida Statutes.

COUNT VIII(8th request)





sought to inspect the personnel files, salary increases and travel records of

specified employees, designated as female subordinates of City Manager

Jon Allen.

62. That in response to that request Defendants have sought to unlawfully

prevent the inspection of these records by demanding an unreasonable and

artificially created fee that must be paid by Plaintiffs.

63. That Defendants attempt to prevent or dissuade Plaintiffs from the inspection

of these public records be imposition of an unlawful fee is a violation of

Chapter 119, Florida Statutes.

COUNT IX(9th request)





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sought records form Defendants department of Human Resources, or other

custodian, of complaints involving two female subordinates of City Manager

Jon Allen, either by or against those employees.


prevent Plaintiffs from gaining access to these records by demanding an

unreasonable and artificially created fee that must be paid by Plaintiffs.


of these public records by imposition of an unlawful fee is a violation of


COUNT X(10th request)





sought copies of emails that contained one or more words specified therein.


prevent Plaintiffs from gaining access to these emails by demanding an


71. That Defendants attempt to prevent or dissuade Plaintiffs from gaining

access to these public records by imposition of an unlawful fee is a violation

of Chapter 119, Florida Statutes.


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COUNT XI(11th request)





sought copies of credit card statements for Defendant LLCitys purchases

from seven retail vendors with whom City does business.







COUNT XII(12th request)





sought to inspect the personnel file of City Manager Jonathan Allen.





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COUNT XIII(13th request)





sought an electronic copy the personnel file of Citys employee Marie Elianor.


prevent access to the personnel file of Marie Elianor by demanding an


83. That Defendants attempt to prevent or dissuade Plaintiffs from gaining a copy



COUNT XIV

(equitable relief)



85. That Plaintiffs herein seek to invoke the equitable jurisdiction of this Court for

issuance of a Writ of Mandamus compelling Defendants to immediate

release forthwith, and make available to Plaintiffs all materials sought.


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86. That Defendants should be mandated to release, produce, and make

available, each and every record, document, memorandum, report, list, item,

file and/or material requested by Plaintiffs as specifically set forth above in

their entirety.

87. That equitable relief in this fashion is needed to prevent Defendants from co

violating the mandates of Chapter 119, Florida Statutes in a continuing effort

to avoid transparency in government both now and in the future.

COUNT XV

(equitable relief)



89. That Plaintiffs herein seek injunctive relief from the Court, and for issuance of

a Writ of Prohibition to prevent further violation of 119.07(4) and

119.011(1), Florida Statutes, compelling Defendants to cease the imposition

of unlawful and exorbitant fees in conjunction with Plaintiffs public records

requests.

90. That without this equitable relief the Defendants will continue to use this

method of obstruction in an ongoing attempt to prevent Plaintiffs access to

public records.

COUNT XVI

(equitable relief)




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b. injunctive relief enjoining Defendants from further obstruction, and violation

of Chapter 119, Florida Statutes upon further presentation of public records

requests by Plaintiffs.

c. Imposition of self executing penalties to be assessed against Defendants

for future violation of any public records request by Plaintiffs.

d. calculation of copying fees to be charged for the records requested

previously and henceforth, based solely on the actual cost of duplication

as required by law.

e. damages in an amount equal to unlawful fees previously paid by Plaintiffs

for records received.

f. assessment of all reasonable costs and attorneys fees to be paid by

Defendants

g. all other relief as the Court deems proper and just.

Submitted this 28th day of June, 2013 by,

/s/ David A. Frankel

DAVID A. FRANKEL,Esq.

Law Offices of David A. Frankel, P.A.20 South Esat 20th StreetFort Lauderdale, Florida 33316

(954) 557-2244Fla. Bar No. 741779designated email- [email protected]


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IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUITIN AND FOR BROWARD COUNTY

LAW OFFICES OF DAVID A. FRANKEL, P.A.

a Florida professional association, and

TIMOTHY CHAZ STEVENSan individual,

Case No:Plaintiffs

Div:vs.

THE CITY OF LAUDERDALE LAKES,

a municipal corporation, and

THE CITY OF LAUDERDALE LAKES,COMMUNITY REDEVELOPMENT AGENCY,

a corporate municipal subdivision

Defendants._______________________________________/

SUMMONSService on a municipal corporation

TO: Mr. Jonathan Allen as City Manager, of and forCity of Lauderdale Lakes4300 NW 36th StreetLauderdale Lakes, FL 33319

IMPORTANT

A lawsuit has been filed against you. You have 20 calendar days after thissummons is served on you to file a written response to the attached Complaint inthis Court. A phone call will not protect you; your written response including theabove case number and named parties, must be filed if you want the Court tohear your case. If you do not file your response on time, you may lose the case,and your wages, money, and property may thereafter be taken without furtherwarning from the Court. There are other legal requirements. You may want tocall an attorney referral service or a legal aid office listed in the phone book).

If you choose to file a written response yourself, at the same time you fileyour written response to the Court, you must also mail or take a carbon copy or


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photocopy of your written response to the Plaintiff/Plaintiffs Attorney namedbelow.

DAVID A. FRANKEL, ESQUIRE20 South east 20th Street

Fort Lauderdale, Florida 33316(954) [email protected]

THE STATE OF FLORIDA

TO EACH SHERIFF OF THE STATE: You are commanded to serve thisSummons and a copy of the Complaint in this lawsuit on the above-named

Defendant.

DATED ON _________________________, 2013

HOWARD C. FORMAN

By:______________________________Deputy Clerk

(SEAL)

IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF1990 (ADA), DISABLED PERSONS WHO, BECAUSE OF THEIRDISABILITIES, NEED SPECIAL ACCOMMONDATION TO PARTICIPATE INTHIS PROCEEDING SHOULD CONTACT THE ADA COORDINATOR AT 201SE 6TH STREET, ROOM 136, FORT LAUDERDALE, FLORIDA 33301 ORTELEPHONE VOICE/TDD (954) 831-6364 NOT LATER THAN FIVE BUSINESSDAYS PRIOR TO SUCH PROCEEDING.


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IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUITIN AND FOR BROWARD COUNTY

LAW OFFICES OF DAVID A. FRANKEL, P.A.

a Florida professional association, and

TIMOTHY CHAZ STEVENSan individual,

Case No:Plaintiffs

Div:vs.

THE CITY OF LAUDERDALE LAKES,

a municipal corporation, and

THE CITY OF LAUDERDALE LAKES,COMMUNITY REDEVELOPMENT AGENCY,

a corporate municipal subdivision

Defendants._______________________________________/

SUMMONSService on a municipal corporation

TO: Mr. Gary Rogers, Executive Director, of and forCity of Lauderdale Lakes Community Redevelopment Agency4300 NW 36th Street

Lauderdale Lakes, FL 33319

IMPORTANT

A lawsuit has been filed against you. You have 20 calendar days after thissummons is served on you to file a written response to the attached Complaint inthis Court. A phone call will not protect you; your written response including theabove case number and named parties, must be filed if you want the Court to

hear your case. If you do not file your response on time, you may lose the case,and your wages, money, and property may thereafter be taken without furtherwarning from the Court. There are other legal requirements. You may want tocall an attorney referral service or a legal aid office listed in the phone book).

If you choose to file a written response yourself, at the same time you fileyour written response to the Court, you must also mail or take a carbon copy or


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photocopy of your written response to the Plaintiff/Plaintiffs Attorney namedbelow.

DAVID A. FRANKEL, ESQUIRE20 South East 20th Street

Fort Lauderdale, Florida 33316(954) [email protected]

THE STATE OF FLORIDA

TO EACH SHERIFF OF THE STATE: You are commanded to serve thisSummons and a copy of the Complaint in this lawsuit on the above-named

Defendant.

DATED ON _________________________, 2013

HOWARD C. FORMAN

By:______________________________Deputy Clerk

(SEAL)

IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF1990 (ADA), DISABLED PERSONS WHO, BECAUSE OF THEIRDISABILITIES, NEED SPECIAL ACCOMMONDATION TO PARTICIPATE INTHIS PROCEEDING SHOULD CONTACT THE ADA COORDINATOR AT 201SE 6TH STREET, ROOM 136, FORT LAUDERDALE, FLORIDA 33301 ORTELEPHONE VOICE/TDD (954) 831-6364 NOT LATER THAN FIVE BUSINESSDAYS PRIOR TO SUCH PROCEEDING.

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Chaz - Complaint LL