|Submitted||Oct. 2, 2015|
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To Collier Circuit Judge Cynthia A. Pivacek / her assistant Jodi, at phone number 239-252-2783, according to publicly available Collier judge directory information found online here:
Pursuant to Florida's Sunshine Law (Fla. Stat. secs. 119.01 to 119.15 (1995)), I hereby request the following records:
Seeking from you any copy of any public record you may retain in your office files, such as a court calendar page, memorandum, email or other public record document, which would evidence that you, Collier County Court Clerk Judge Cynthia A, Pivacek and/or your Judicial Assistant complied with a Florida Statute by scheduling and holding a required hearing, with respect to a Sunshine Law Public Records civil action I filed, as such complaint filing is required to (but did not, to my knowledge) result in an "accelerated hearing" -- required under FL Statute 119.11, whenever a Sunshine Public Records civil complaint is filed in the court.
The FL law is stated as follows:
FL STATUTE: Chapter 119 Public Records
119.11 Accelerated hearing; immediate compliance.—
(1) Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases.
(2) Whenever a court orders an agency to open its records for inspection in accordance with this chapter, the agency shall comply with such order within 48 hours, unless otherwise provided by the court issuing such order, or unless the appellate court issues a stay order within such 48-hour period. ...
The complaint is identified as follows:
Clerks Case Number" in the Collier Circuit Civil court was: 0903118CA and the "Uniform Case Number" was 112009CA003180001XX with a title of
"ALYN, SUSAN J vs CUSTODIAN OF PUBLIC RECORDS and DISTRICT SCHOOL BOARD OF COLLIER COUNTY ".
According to public records I recently obtained from the Collier Court, the date of this matter being filed, April 8, 2009, did not result in you receiving the matter from Court Clerk Dwight Brock until April 22, 2009.
Two months later, without any hearing schedule or taking place to my knowledge, on June 15, 2009 -- again, without any required "Accelerated Hearing" ever being schedule to my knowledge or ever taking place -- you signed an order dismissing the matter, claiming, incorrectly, that Petitioner (me) made a "voluntary" request to dismiss. However, there was actually no "voluntary" request. I waited months for a court date and never obtained one.
I also tried for months to see the court file, but was repeatedly denied access to the file by court clerks, claiming "The judge has it so you can't see it now."
In short, my civil rights were violated. Consequently, having no other choice, I was forced to withdraw. Seeing I had no access to the court and no civil rights, I left the state.
I do not know if as a judge you maintain any files in your office which would be related to this matter or if you maintain no files.
Note that one year prior to my filing this complaint, an admission was publicly made by the subject superintendent that he was in fact violating Sunshine Public Records Law, as he had not complied with district requirements of filing a sworn application, references, resume or official college transcripts with the district, making it impossible for the district to comply with Sunshine Laws.
And, one year after I filed this complaint, a new school board majority decided not to renew his contract, with the chairperson of the Collier School Board, Julie Sprague, publicly stating this superintendent is "under a DARK CLOUD" -- but he "could apply again."
In short, there was an admission by the school board that he was in violation of Sunshine Public Records Law, just as I had alleged and evidenced in my complaint.
I believe the current status of my complaint therefore should have been, and should be an order from a hearing, though one never took place, or a summary judgement in my favor, with court costs refunded to me as required by law.
But instead, there is an incorrect and erroneous status of "Voluntary" withdrawal, when I was not even afforded the required "ACCELERATED HEARING" which should have taken place "IMMEDIATELY" as required by Florida Statute.
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.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 2, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
You have inquired about a public records request for:
“any public record you may retain in your office files, such as a court calendar page, memorandum, email or other public record document, which would evidence that you, Collier County Court Clerk Judge Cynthia A, Pivacek and/or your Judicial Assistant complied with a Florida Statute by scheduling and holding a required hearing, with respect to a Sunshine Law Public Records civil action I filed, as such complaint filing is required to (but did not, to my knowledge) result in an "accelerated hearing" -- required under FL Statute 119.11, whenever a Sunshine Public Records civil complaint is filed in the court.”
As previously stated by our office, the Clerk’s Office does not set hearings or other events for civil court matters. The Clerk’s Office has never had possession of the Judge’s calendars, memoranda or communications with her Judicial Assistant. Therefore, we do not have any records responsive to your request.
Marni M. Scuderi, Esquire
Public Records Coordinator
for Collier County Clerk of Courts
3315 Tamiami Trail East, Suite 102
Naples, Florida 34112-5324
This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-252-2725) and immediately delete this message and all its attachments.
This was not intended to be sent to you, but to Jodi, the assistant for Judge Pivcek.
I wrote to the judge's assistant because of this emailed response I received from Charles Rice, Court Administrator, via his admin asst:
On Mon, Oct 5, 2015 at 2:55 PM, Williams, Diane <DWilliams@ca.cjis20.org> wrote:
I am responding to your question to Mr. Rice on who sets court dates.
This question can be answered depending on what kind of court proceeding you are scheduling. Clerks schedule court proceedings as does the Judicial Assistant. Again, it would depend on what is being scheduled.
The Clerk does schedule Traffic Proceedings upon request of the defendant.
Thank you and have a nice day.
Collier County Court Administration
I later received this email concerning hearing schedules:
---------- Forwarded message ----------
From: Miles, Sara <SMiles@ca.cjis20.org>
Date: Tue, Oct 13, 2015 at 4:20 PM
Subject: RE: 3rd question and 4th question
To: "firstname.lastname@example.org" <email@example.com>
Dear Ms. Alyn,
As the Public Information Officer for the 20th Circuit, I have been forwarded your e-mails for response.
Please understand that it is impossible for me to speculate or to answer your questions regarding hearings which may or may not have been scheduled in April 2009 in a case that has been closed for 6 years.
If you believe that your constitutional rights have been violated, Florida and/or federal law should provide appropriate remedies.
However, I am not an attorney and the Administrative Office of the Courts cannot provide legal advice.
You may wish to contact an attorney, and if you cannot afford one you may wish to contact your local bar association and inquire as to whether a low-cost or pro bono attorney might be available.
As to any questions regarding duties or procedures of the Clerk of Court, you will need to inquire directly of the Clerk of Court. The Administrative Office of the Courts and the Clerk of Court are two separate entities, and I cannot speak on behalf of the Clerk.
Public Information Officer, 20th Judicial Circuit
I have now made a new request, seeking the court calendar, instead of the "judge's evidence of compliance" since: there was no compliance. I don't even believe this judge was ever assigned to the complaint, as I don't think this complaint was ever served on anyone. It is just a bunch of forgery is what it seems to me.
Here is my new request:
Collier Court Judge Pivacek's Court Calendar from April 1, 2009-Aug 1, 2009
Since Sara Miles, the Public Information Officer for the 20th Circuit Court answered this request by stating the following (see her above email to me, which she sent to me on my gmail account):
"Please understand that it is impossible for me to speculate or to answer your questions regarding hearings which may or may not have been scheduled in April 2009 in a case that has been closed for 6 years."
I think the correct and appropriate status of this public records request is:
NO RESPONSIVE DOCUMENTS.