Agent #3 of George H Bush

Susan A. filed this request with the Collier County Sheriff's Office of Collier County, FL.
Status
Completed

Communications

From: Susan A.

To Whom It May Concern:

Pursuant to Florida's Sunshine Law (Fla. Stat. secs. 119.01 to 119.15 (1995)), I hereby request the following records:

Seeking any public record from the Collier County Sheriff's public records department confirming that the Collier County Sheriff's office actually did serve process of my civil complaint of a Sunshine Law Public Records violation on the Collier County Public School District, as at the time I filed this civil complaint with the court, only the Sheriff was authorized to serve process of civil complaints in Collier County (and note a pdf copy of this court docket I saved long ago is claiming a summons was served on "4/16/2009" by "CCSO" [Collier County Sheriff Office] for this matter -- Uniform Case Number 112009CA0031180001XX and Clerks Case Number: 0903118CA), but I have never seen any such summons or the signature of the lawyer for the school district, Jon Fishbane, on any such summons ).

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Susan Alyn

From: Patti Anderson - 0923

Ms. Alyn:

Good morning. In response to your public records request regarding Collier County Case Number 112009CA0031180001XX and Clerks Case Number: 0903118CA. Manager Becky Adams of our Civil Process Bureau advised that we did serve a Summons with a Petition for Writ of Mandamus issued under case no. 093118CA to Pat Carroll, Chairperson for the School Board on 4/22/09. We sent our return of service and the original summons back to the Collier County Clerk which they docketed in their system on 4/29/09. Any other documents/records we would have had were destroyed according to the State of Florida, General Records GS2 for Law Enforcement, Correctional Facilities, and District Medical Examiners retention schedule. You may wish to contact the Collier County Clerk of the Court to see if they have any additional information. I hope this information is useful to you. If I can be of further assistance, please let me know.
Regards,

Patti Anderson, Manager
Collier County Sheriff's Office
Central Records Bureau
3319 Tamiami Trail East
Naples, Florida 34112
Direct (239)252-0630

From: Susan A.

To Ms. Anderson, Manager, Collier County Sheriff's Office:

Regarding your 6/23/15 response:

I am writing to ask why there was no apparent attempt service on the fulltime lawyer employed at the school district, by the school district, Jon Fishbane.

Mr. Fishbane had previously pretended to me he had sent me the public records personnel file of Dennis Thompson, but the stack of papers Mr. Fishbane sent to me by certified mail was not this file.

Why would a school board member be the one to be served my lawsuit from the sheriff when the lawyer Jon Fishbane is at the district fulltime? I don't understand this.

I am also writing to ask why the confirmation postcard which I have been told is supposed to be sent out by the Sheriff' office to the attorney filing the complaint, which in this case the
attorney I had, Sam Gold, was never sent to him, according to him. I don't understand why routine procedures were not followed in this matter.

Finally, when did the law in Collier finally change so that service of process of civil complaints are no longer required to be filed by the Sheriff and can instead be filed by process servers? Or has that law never changes and the Sheriff is still the only entity allowed to serve process in civil matters?

Thank you.

Susan Alyn

From: Susan A.

PS I have one other question: When the Sheriff serves process, isn't the Sheriff supposed to obtain a signature from the person allegedly receives service? Are you claiming to me that school board member Pat Carroll actually signed a form that was then submitted by the Sheriff to the court clerk?

Because when I later filed a complaint against attorney Sam Gold what Sam Gold then sent to me was a document that had typed in the name "Pat Carroll" but no signature of Pat Carroll.

So, I am wondering: Are you claiming Pat Carroll's signature exists somewhere on some form that should be in the court file?

Thank you. Also, I have corrected my previous message below to make it clearer.

To Ms. Anderson, Manager, Collier County Sheriff's Office:

Regarding your 6/23/15 response:

I am writing to ask why there was no apparent attempt at service on the fulltime lawyer employed at the school district, by the school district, Jon Fishbane.

Mr. Fishbane had previously pretended to me he had sent me the public records personnel file of Dennis Thompson, but the stack of papers Mr. Fishbane sent to me by certified mail was not this file.

Why would a school board member be the one to be served my lawsuit from the sheriff when the lawyer Jon Fishbane is at the district fulltime? I don't understand this.

I am also writing to ask why the confirmation postcard which I have been told is supposed to be sent out by the Sheriff' office to the attorney filing the complaint (which in this case was the
attorney I had, Sam Gold) was never sent to him -- according to him. I don't understand why routine procedures were not followed in this matter.

Finally, when did the law in Collier finally change so that service of process of civil complaints are no longer required to be served by the Sheriff and can instead be served by process servers? Or has that law never changed and the Sheriff is still the only entity allowed to serve process in civil matters?

Thank you.

Susan Alyn

From: Patti Anderson - 0923

Ms. Aly:

In response to your questions regarding Collier County Case Number 112009CA0031180001XX and Clerks Case Number: 0903118CA. We are not required to answer questions pertaining to public records only to furnish the records. We are providing this information to you as a courtesy in response to your questions and to provide assistance in understanding the summons process. Manager Becky Adams of our Civil Process Bureau advised the following answers to your questions. I am sure this information will be useful to you.

PS I have one other question: When the Sheriff serves process, isn't the Sheriff supposed to obtain a signature from the person allegedly receives service? Are you claiming to me that school board member Pat Carroll actually signed a form that was then submitted by the Sheriff to the court clerk?

No, the party served does not have to sign as our return of service, filed with the court, shows the name of the party served.

Because when I later filed a complaint against attorney Sam Gold what Sam Gold then sent to me was a document that had typed in the name "Pat Carroll" but no signature of Pat Carroll.

So, I am wondering: Are you claiming Pat Carroll's signature exists somewhere on some form that should be in the court file?

Again, our return of service reflects who the summons was served to.

Thank you. Also, I have corrected my previous message below to make it clearer.

To Ms. Anderson, Manager, Collier County Sheriff's Office:

Regarding your 6/23/15 response:

I am writing to ask why there was no apparent attempt at service on the fulltime lawyer employed at the school district, by the school district, Jon Fishbane.

The Sheriff’s Office did not receive a summons addressed to Jon Fishbane.

Mr. Fishbane had previously pretended to me he had sent me the public records personnel file of Dennis Thompson, but the stack of papers Mr. Fishbane sent to me by certified mail was not this file.

Why would a school board member be the one to be served my lawsuit from the sheriff when the lawyer Jon Fishbane is at the district fulltime? I don't understand this.

The summons received was addressed to Pat Carroll, Chair.

I am also writing to ask why the confirmation postcard which I have been told is supposed to be sent out by the Sheriff' office to the attorney filing the complaint (which in this case was the
attorney I had, Sam Gold) was never sent to him -- according to him. I don't understand why routine procedures were not followed in this matter.

I’m not familiar with a confirmation postcard.

We do mail a copy of the sheriff’s return of service to the issuing party. The copy was mailed to the address reflected at the top of our return; Samuel C Gold Esq, PO Box 770824, Naples, FL 34107. We also file the original return and original summons with the clerk of court.

Finally, when did the law in Collier finally change so that service of process of civil complaints are no longer required to be served by the Sheriff and can instead be served by process servers? Or has that law never changed and the Sheriff is still the only entity allowed to serve process in civil matters?

As to who may serve non-enforceable process please visit the 20th Judicial Circuit website at www.ca.cjis20.org<http://www.ca.cjis20.org> go to programs and choose certified process servers from the drop down. Here you will find; Florida Rules of Civil Procedure – 1.070 and Florida Statute 48.27
The attachment is our return docketed with the Collier County Clerk of the Court on 4/29/09 and it is in the court file and public information.

Regards,

Patti Anderson, Manager
Collier County Sheriff's Office
Central Records Bureau
3319 Tamiami Trail East
Naples, Florida 34112
Direct (239)252-0630

---
On June 23, 2015:
To Ms. Anderson, Manager, Collier County Sheriff's Office:

Regarding your 6/23/15 response:

I am writing to ask why there was no apparent attempt service on the fulltime lawyer employed at the school district, by the school district, Jon Fishbane.

Mr. Fishbane had previously pretended to me he had sent me the public records personnel file of Dennis Thompson, but the stack of papers Mr. Fishbane sent to me by certified mail was not this file.

Why would a school board member be the one to be served my lawsuit from the sheriff when the lawyer Jon Fishbane is at the district fulltime? I don't understand this.

I am also writing to ask why the confirmation postcard which I have been told is supposed to be sent out by the Sheriff' office to the attorney filing the complaint, which in this case the
attorney I had, Sam Gold, was never sent to him, according to him. I don't understand why routine procedures were not followed in this matter.

Finally, when did the law in Collier finally change so that service of process of civil complaints are no longer required to be filed by the Sheriff and can instead be filed by process servers? Or has that law never changes and the Sheriff is still the only entity allowed to serve process in civil matters?

Thank you.

Susan Alyn
---
On June 23, 2015:
Ms. Alyn:

Good morning. In response to your public records request regarding Collier County Case Number 112009CA0031180001XX and Clerks Case Number: 0903118CA. Manager Becky Adams of our Civil Process Bureau advised that we did serve a Summons with a Petition for Writ of Mandamus issued under case no. 093118CA to Pat Carroll, Chairperson for the School Board on 4/22/09. We sent our return of service and the original summons back to the Collier County Clerk which they docketed in their system on 4/29/09. Any other documents/records we would have had were destroyed according to the State of Florida, General Records GS2 for Law Enforcement, Correctional Facilities, and District Medical Examiners retention schedule. You may wish to contact the Collier County Clerk of the Court to see if they have any additional information. I hope this information is useful to you. If I can be of further assistance, please let me know.
Regards,

Patti Anderson, Manager
Collier County Sheriff's Office
Central Records Bureau
3319 Tamiami Trail East
Naples, Florida 34112
Direct (239)252-0630
---
On June 22, 2015:
To Whom It May Concern:

Pursuant to Florida's Sunshine Law (Fla. Stat. secs. 119.01 to 119.15 (1995)), I hereby request the following records:

Seeking any public record from the Collier County Sheriff's public records department confirming that the Collier County Sheriff's office actually did serve process of my civil complaint of a Sunshine Law Public Records violation on the Collier County Public School District, as at the time I filed this civil complaint with the court, only the Sheriff was authorized to serve process of civil complaints in Collier County (and note a pdf copy of this court docket I saved long ago is claiming a summons was served on "4/16/2009" by "CCSO" [Collier County Sheriff Office] for this matter -- Uniform Case Number 112009CA0031180001XX and Clerks Case Number: 0903118CA), but I have never seen any such summons or the signature of the lawyer for the school district, Jon Fishbane, on any such summons ).

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Susan Alyn

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For mailed responses, please address (see note):
MuckRock News
DEPT MR 18887
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly addressed (i.e., with the requester's name rather than MuckRock News) requests might be returned by the USPS as undeliverable.
[http://email.requests.muckrock.com/o/eJwNjk0OwiAQRk9jd53wMwPDgoU38AbGAmOJtRisJt5edt9LXl6-HIncVKNRmpQzVltEy8AawSN5dUJFiw4-KTsHYplRTJnZjyVpYdZCCTXDq38PyL-9QT9gLb09PpDac1qjKblQDj47sziRJQVCQZaQrE1Mdhra81pz1ORYuanHy-04Kpz3XPq77eNBattWB4xuFYHW73_QNzZv]
This communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Collier County Sheriff's Office. If you have received this communication in error, please notify the Collier County Sheriff's Office by emailing helpdesk@colliersheriff.org quoting the sender and delete the message and any attached documents. the Collier County Sheriff's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the colliersheriff domain.

From: Susan A.

Thank you for taking the time to respond to my questions.

From: Susan A.

Dear Patti Anderson, Manager
Collier County Sheriff's Office
Central Records Bureau:

Thank you for responding to my request for these 3 pages of public records. It is the first time I have ever seen these 3 pages.

I appreciate the time and effort made to respond to my questions. I apologize if it seemed like I was burdening anyone with extra work.

However, I would like to politely share with you how much I have had to do, and how many efforts I have made, in the past 6-1/2 years in my efforts to obtain these 3 pages of public records I have now received from you, via Muck Rock.

1) I filed a civil complaint -- alleging and evidencing a violation of Sunshine Public Records Law by school superintendent Dennis Thompson -- in the Collier Courthouse in or about April 2009.

2) From that 2009 date to the present, June 2015, I have never once -- never once -- seen nor had access to the 3 pages I have just received from your office via Muck Rock.

3) From April 2009 up to Sept 2009 (as I finally realized I had no due process rights and no civil rights in Collier County, and thus I fled, out of state, to MA, hoping to never again return to FL), the attorney I had, Sam Gold, never once showed me any proof of service of process of my complaint, but repeatedly told me a postcard is required to be sent to him by your office which he never received.

4) In 2011 I filed a complaint against him with the WI Bar, and my complaint was mislabeled as one seeking an "additional" copy of proof of service of process, when in fact I had never seen any proof.

5) As I recall, I received a total of 1 page (one page) from that complaint I field with the WI Bar against Sam Gold. It was the first of the three pages you sent to me, but, as I recollect, there was no handwriting on it; only typed text. If my recollection is correct, that means what Sam Gold sent to me in response to my complaint to the WI Bar is different than what you have sent me. Again, I will have to check.

6) I had also repeatedly tried emailing your office in the past after I left Collier and was out of state, but the emails I received did not result in anyone sending to me the 3 pages you sent. I was told by your manager to contact your public records department when I thought I had already done so by reaching her. There was no contact info provided for any public records department.

7) I am sure I have never before tonight seen Page 2 (with a stamp of "Dwight Brock Court Clerk) and Page 3 (stating it is "20 days" for a response required to a complaint filed in court). This is all new for me to see these 2 pages, and again, I do not even recall the Page 1 I received from my WI Bar complaint to resemble the Page 1 you have sent, as I do not recall anything handwritten on it. I could be mistaken; again, I will have to check.

8) In addition to not being able to obtain these 3 pages from the attorney I had, nor from the WI Bar complaint made, nor from previous emails I sent to your office, I was also unable to obtain these 3 pages directly from the court file, and I tried, in person, before I left FL, twice. Each time I was told by a court clerk the following: "The judge has your file so you can't have it now."

I was deprived of my constitutional right to inspect that file to find out if there was service of process, deprived of my constitutional right to obtain a copy or certified copy of any proof of service, and again, this happened not one, but twice.

I later realized those court clerks had previously scanned my complaint and the entire file into their computer and could have easily printed out the entire file, and certified it, and provided me with that certified copy. Instead, I was deprived of my constitutional rights, again, not once, but twice before leaving FL.

So, whenever a consumer asks what seems to be a mountain of questions and if you should feel burdened because your office really has no obligation to provide answers to questions, kindly try to remember how much this consumer, yours truly, has been through, for 6-1/2 years, in an effort to obtain 3 pages of public records.

I say that to you politely. We all have our burdens. Trying to obtain public records out of Collier County has been my burden. It is a VERY heavy burden, too.

I appreciate Muck Rock lightening my load.

And again, I appreciate the time and effort your office took to answer my questions here. It seems to me that 6-1/2 years is a very long time for a consumer to spend trying obtain 3 pages of proof of service of a Sunshine Law Public Records complaint.

Thank you again, and have a good day.

Sincerely,
Susan Alyn

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