Re "15 attorneys"

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 a certified copy of any and all job applications and application materials, or a certified list of attorney names (if no such application materials are available), for the"15 attorneys" that Executive Director of Human Resources Allun Hamblett publicly claimed in a school board meeting had applied for employment at Collier County Public Schools (just prior to the time when Jon FIshbane was hired as the district's full-time attorney, and in competition with Jon Fishbane for the position of attorney for the school district).

I had previously timely requested these applications, and received from the district the below Nov 2010 email in response to my request for these documents; however, this Leanne Zinser Nov 2010 email is citing the district counsel (Attorney Jon Fishbane, I presume), and erroneously claiming the district does not certify public record documents -- when in fact the district does certify public records documents:
--------------------------------------------------------------------------
---------- Forwarded message ----------
From: Zinser, Leanne <ZinserLe@collier.k12.fl.us>
Date: Tue, Nov 30, 2010 at 1:49 PM
Subject: RE: 3rd request for Certified Copy of the Public Records Personnel File of Allun Hamblett
To: Susan Alyn <susan.alyn@gmail.com>
Cc: "Curatolo, Kathleen" <CuratoKa@collier.k12.fl.us>, "Sprague, Julie" <SpraguJu@collier.k12.fl.us>, "Terry, Roy" <TerryRo@collier.k12.fl.us>, "kwpendley@srplegal.com" <kwpendley@srplegal.com>, "Landon, Joe" <LandonJo@collier.k12.fl.us>

Pursuant to School Board policy and administrative procedures, this e-mail system is the property of the School District of Collier County and to be used for official business only. In addition, all users are cautioned that messages sent through this system are subject to the Public Records Law of the State of Florida and also to review by the school system. There should be no expectation of privacy.

Ms. Alyn,

Instead of replying individually to your multiple Public Records Requests, I will collectively address them with this reply.

I have been previously advised by counsel that the district is not required to certify copies. However, you are certainly welcome to standard copies of existing public records upon payment of all applicable fees.

I have also been advised that except for the Sarah Hamblett request and the request for “April 2009” public records (applications and resumes of 15 attorneys), the district has already provided the information and/or copies previously.

With respect to Sarah Hamblett, we wanted to advise you that she has not been employed by the district since August 2009. Should you still want a copy of her personnel file, we would first get an estimated cost to you before proceeding with the copying. The same procedure of providing you with a cost estimate would apply to the “April 2009” request.

Finally, should you wish the documents be sent to you, please provide an address to where we can send them. However, you may also pick up the records in person should you so desire.

Please advise how you’d like to proceed.

Thank you,

Leanne Zinser

Supervisor/Communications Services

The School District of Collier County &

The Education Channel, cable 99

5775 Osceola Trail

Naples, FL 34109

(239) 377-0180

www.collierschools.com
----------
From: Landon, Joe
Sent: Tuesday, November 16, 2010 9:49 AM
To: 'Susan Alyn'
Cc: Curatolo, Kathleen; Sprague, Julie; Terry, Roy; kwpendley@srplegal.com; Zinser, Leanne
Subject: RE: 3rd request for Certified Copy of the Public Records Personnel File of Allun Hamblett

Pursuant to School Board policy and administrative procedures, this e-mail system is the property of the School District of Collier County and to be used for official business only. In addition, all users are cautioned that messages sent through this system are subject to the Public Records Law of the State of Florida and also to review by the school system. There should be no expectation of privacy.

Dear Susan Alyn,

This e-mail acknowledges receipt of your request. We will get back to you, with a reply, in a timely fashion.

Joe Landon

Communications Services Department

------------------------------------------------------------------------

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

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Leanne Zinser of Collier County Public Schools:

Thank you for your email. Please note: I would like each page you provide to be to be certified. Consequently,
include the cost of certification. (You have written to me in the past that "counsel" has "advised" you that nothing can be
certified. I believe you received incorrect legal information when you emailed that to me in the past.
Thus, please remember to certify every page for me, and to charge me for that cost of certification of each page.)

Also remember these documents will be publicly posted on Muckrock, so delete / redact information like social security numbers on applications, etc.

Thanks again,
Susan Alyn

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 26, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Dear Leanne Zinser:

Thank you for your email. Your email states:
"the District will certify, through notarization, as to each document group provided."

I do not see that procedure anywhere online at the district website.

Consequently, I do not agree with what you have written.

Please revise the cost estimate as needed, so that

(1) each page is certified, as per my original request (time/date stamp and official stamp of the district), and

(2) the actual cost stated online is the actual cost I am being charged for each page being certified ($.15 per one sided page and $1 per page copy for certification).

Since I am asking you to mail these documents to Muckrock, I will also pay postage as per online instructions at
the school district.

See the online information below, which is taken from the school district website.

Thus, again: Please certify each page, and charge me for each page certification, and do not notarize by group -- that
is not the procedure and that is not what I requested.

And, again, please send a revised estimate reflecting actual procedures of the school district and my actual request.

Thank you.

Susan Alyn

http://www.neola.com/collier-fl/search/policies/po8310.htm

"Any authorized person may purchase duplicated or certified copies of the District's public records upon payment of the appropriate fee set forth in Florida statute."

http://www.neola.com/collier-fl/search/ap/ap8310a.htm

"Fees
A. A duplication fee of fifteen cents ($0.15) per page or twenty cents ($0.20) per two (2) sided copy, and an additional fee of $1.00 per copy for a certified copy, shall be charged. For all other copies, the actual cost of duplication of the public record shall be charged. The requestor shall also be charged the cost of mailing the records, when requested to do so. The requestor shall be advised of these costs in advance of the duplication of the requested records."

PS Leanne, I have to say it is very disturbing to me that you seem unable or unwilling to ever follow the online district procedure with respect to public records. This has gone on for several years, with you not providing requested public records as per procedures posted online. I don't know if this is your fault or if someone is preventing you from doing your job.

My understanding at this point is that the current superintendent is the official Custodian of Public Records -- and not attorney Jon Fishbane, who, in my experience, has never once complied with any procedures or laws pertaining to public records. (Nor did Joe Landon, the previous supervisor you had.)

Since the current superintendent, Dr. Patton, is in fact the custodian, I am sending to her your most recent email to me here on MuckRock, along with this previous email you wrote to me, below (claiming the district does not certify public records when the district procedures online state otherwise), and politely asking her to sit down with you and read aloud the actual procedures that have been posted online for years at the school district -- which you are either unaware of, or for some reason, unable to ever follow if someone is instructing you not to comply with actual procedures.

---------- Forwarded message ----------
From: Zinser, Leanne <ZinserLe@collier.k12.fl.us>
Date: Tue, Nov 30, 2010 at 1:49 PM
Subject: RE: 3rd request for Certified Copy of the Public Records Personnel File of Allun Hamblett
To: Susan Alyn <susan.alyn@gmail.com>
Cc: "Curatolo, Kathleen" <CuratoKa@collier.k12.fl.us>, "Sprague, Julie" <SpraguJu@collier.k12.fl.us>, "Terry, Roy" <TerryRo@collier.k12.fl.us>, "kwpendley@srplegal.com" <kwpendley@srplegal.com>, "Landon, Joe" <LandonJo@collier.k12.fl.us>

Pursuant to School Board policy and administrative procedures, this e-mail system is the property of the School District of Collier County and to be used for official business only. In addition, all users are cautioned that messages sent through this system are subject to the Public Records Law of the State of Florida and also to review by the school system. There should be no expectation of privacy.

Ms. Alyn,

Instead of replying individually to your multiple Public Records Requests, I will collectively address them with this reply.

I have been previously advised by counsel that the district is not required to certify copies. However, you are certainly welcome to standard copies of existing public records upon payment of all applicable fees.

I have also been advised that except for the Sarah Hamblett request and the request for “April 2009” public records (applications and resumes of 15 attorneys), the district has already provided the information and/or copies previously.

[Note: This aforementioned statement is false, as despite YEARS of lawfully trying, I never once received any public records personnel file for Allun Hamblett or Dennis THompson from attorney Jon Fishbane or anyone else (as neither Hamblett or Thompson actually had any public records personnel files; they had no documents on file -- only empty file folders). Susan Alyn]

With respect to Sarah Hamblett, we wanted to advise you that she has not been employed by the district since August 2009. Should you still want a copy of her personnel file, we would first get an estimated cost to you before proceeding with the copying. The same procedure of providing you with a cost estimate would apply to the “April 2009” request.

Finally, should you wish the documents be sent to you, please provide an address to where we can send them. However, you may also pick up the records in person should you so desire.

Please advise how you’d like to proceed.

Thank you,

Leanne Zinser

Supervisor/Communications Services

The School District of Collier County &

The Education Channel, cable 99

5775 Osceola Trail

Naples, FL 34109

(239) 377-0180

www.collierschools.com

PSS Leanne, Here is the email I just sent to the superintendent, Dr. Kamela Patton, concerning your failure for almost five years now to ever appropriately respond to the public records request -- and to follow the district's online procedures for public records:

---------- Forwarded message ----------
From: Susan Alyn <susan.alyn@gmail.com>
Date: Wed, Aug 5, 2015 at 7:18 PM
Subject: Leanne Zinser's persistent failure to follow district procedures posted online for public records requests
To: "Patton, Kamela" <patton@collierschools.com>

Dear Dr. Kamela Patton:

I realize you are very busy in your position as superintendent of Collier County Public Schools, but it is
my current understanding that you are the one who is officially the Custodian of Public Records for the
school district.

I am writing to politely request that you sit down with an employee, Leanne Zinser, and show her the
web pages online at the school district website concerning public records requests, and find out why
she has never once followed these procedures.

I don't know if the problem is that she is unaware of the disitrict's online web pages describing laws and
procedures concerning public records, or that she is having difficulty accessing or understanding these
pages, or, if someone is persistently instructing her not to do her job.

Here are the three web URLS on the district website that she seems to be unaware of, as she has not
followed these procedures in more than five years now:
-------------------------

http://www.collierschools.net/Page/207
Public Records Requests

In Florida, it is all about the public's business, openness and transparency. The Florida Constitution safeguards every Floridian's right of access to government meetings and records. The Sunshine Laws make disclosure the standard, unless Florida Statute dictates that the public necessity compels an exemption from Florida's strong open government laws. A community member, or district or school employee, wishing to see any information or document in the possession of the school district would begin his or her search in Communication Services.

Links:

District Policy 8310 - Public Records http://www.neola.com/collier-fl/search/policies/po8310.htm

Administrative Procedure 8310A - Public Records Requests

http://www.neola.com/collier-fl/search/ap/ap8310a.htm

How to Make a Public Records Request:

Contact:

Leanne Zinser, Supervisor of Communications & Community Relations
Tel (239) 377-0180 • Fax (239) 377-0181
eMail: info@collierschools.com

---------------------

As just two examples of the difficulty I have had in obtaining appropriate responses to my public records
requests with Leanne Zinser, see below (and note I am omitting all the difficulty I have had with her previous supervisor, Joe Landon, who never once provided an inspection or public record to me, despite my lawful requests on email over a period of years, and I am omitting all the difficulty I have had with current school district attorney Jon Fishbane, who likewise never once has complied with any law or procedure for public records in my experience).

(1) In Nov 2010 I requested certified copies of public records. Leanne Zinser writes back that the district does not certify. Yet, it states right online in the above links that the district DOES certify public records, at a cost of $1.00 per page for the certification (a time/date stamp and the official stamp of the district).

(2) Now, in 2015, through MuckRock news site, I am again requesting certified public records. This time, Leanne Zinser writes back to me that she will provide "groups" of public records with a "notarization." That is not what I requested and that is not the procedure posted online at the school district site. I am requesting a certified copy of each copied page.

As this email to you is a public record -- and since it impossible to ever obtain a public record as requested or an inspection of a public record out of Collier County Public Schools -- I am posting this email on MuckRock news, a public news site, in the hope you will indeed schedule time to speak with Ms. Zinser and review procedures with her that are posted online, and perhaps find out why it is impossible to ever have compliance with FL State Sunshine Laws in that school district despite procedures clearly being posted on the school district web site.

I believe this email is polite -- despite this situation going on for more than five years now, and despite the fact that Sunshine Violations under FL Law can be either civil or criminal. It appears to me there is a criminal element that has long been in existence in Collier County Public Schools with respect to public records access -- and this began long before you arrived, but it has still not yet been addressed is what I am discovering again in 2015.

I hope you will find time to address it despite your busy schedule, as I believe your intent is that employees comply with the law and with the online procedures of the school district as posted on the district website.

Thank you,

Sincerely,

Susan Alyn
Lexington, MA
----------

Nov 2010 Email from Leanne Zinser:

---------- Forwarded message ----------
From: Zinser, Leanne <ZinserLe@collier.k12.fl.us>
Date: Tue, Nov 30, 2010 at 1:49 PM
Subject: RE: 3rd request for Certified Copy of the Public Records Personnel File of Allun Hamblett
To: Susan Alyn <susan.alyn@gmail.com>
Cc: "Curatolo, Kathleen" <CuratoKa@collier.k12.fl.us>, "Sprague, Julie" <SpraguJu@collier.k12.fl.us>, "Terry, Roy" <TerryRo@collier.k12.fl.us>, "kwpendley@srplegal.com" <kwpendley@srplegal.com>, "Landon, Joe" <LandonJo@collier.k12.fl.us>

Pursuant to School Board policy and administrative procedures, this e-mail system is the property of the School District of Collier County and to be used for official business only. In addition, all users are cautioned that messages sent through this system are subject to the Public Records Law of the State of Florida and also to review by the school system. There should be no expectation of privacy.

Ms. Alyn,

Instead of replying individually to your multiple Public Records Requests, I will collectively address them with this reply.

I have been previously advised by counsel that the district is not required to certify copies. However, you are certainly welcome to standard copies of existing public records upon payment of all applicable fees.

I have also been advised that except for the Sarah Hamblett request and the request for “April 2009” public records (applications and resumes of 15 attorneys), the district has already provided the information and/or copies previously.

[Note: This aforementioned statement is false, as despite YEARS of lawfully trying, I never once received any public records personnel file for Allun Hamblett or Dennis THompson from attorney Jon Fishbane or anyone else (as neither Hamblett or Thompson actually had any public records personnel files; they had no documents on file -- only empty file folders). Susan Alyn]

With respect to Sarah Hamblett, we wanted to advise you that she has not been employed by the district since August 2009. Should you still want a copy of her personnel file, we would first get an estimated cost to you before proceeding with the copying. The same procedure of providing you with a cost estimate would apply to the “April 2009” request.

Finally, should you wish the documents be sent to you, please provide an address to where we can send them. However, you may also pick up the records in person should you so desire.

Please advise how you’d like to proceed.

Thank you,

Leanne Zinser

Supervisor/Communications Services

The School District of Collier County &

The Education Channel, cable 99

5775 Osceola Trail

Naples, FL 34109

(239) 377-0180

www.collierschools.com

------------

2015 Email from Leanne Zinser, and my response, all publicly posted on MuckRock:

Zinser, Leanne ∞ 08/05/2015

Ms. Alyn,

In response to your ten separate Public Records Requests received in this office prior to July 15, 2015, the District will certify, through notarization, as to each document group provided, that the copies within each group are true and accurate. The total cost, including the cost of mailing the documents to you, is $30.45. Because we are mailing the documents to you, we require payment in advance.

Please let me know you approve of these charges and I will process an invoice and send it to you.

Thank you,

[cid:image001.jpg@01D0460E.957CB990]

Leanne Zinser
Supervisor, Communications & Community Engagement
Collier County Public Schools

----------------
▼ Susan A. ∞ 08/05/2015

Dear Leanne Zinser:

Thank you for your email. Your email states:
"the District will certify, through notarization, as to each document group provided."

I do not see that procedure anywhere online at the district website.

Consequently, I do not agree with what you have written.

Please revise the cost estimate as needed, so that

(1) each page is certified, as per my original request (time/date stamp and official stamp of the district), and

(2) the actual cost stated online is the actual cost I am being charged for each page being certified ($.15 per one sided page and $1 per page copy for certification).

Since I am asking you to mail these documents to Muckrock, I will also pay postage as per online instructions at
the school district.

See the online information below, which is taken from the school district website.

Thus, again: Please certify each page, and charge me for each page certification, and do not notarize by group -- that
is not the procedure and that is not what I requested.

And, again, please send a revised estimate reflecting actual procedures of the school district and my actual request.

Thank you.

Susan Alyn

http://www.neola.com/collier-fl/search/policies/po8310.htm

"Any authorized person may purchase duplicated or certified copies of the District's public records upon payment of the appropriate fee set forth in Florida statute."

http://www.neola.com/collier-fl/search/ap/ap8310a.htm

"Fees
A. A duplication fee of fifteen cents ($0.15) per page or twenty cents ($0.20) per two (2) sided copy, and an additional fee of $1.00 per copy for a certified copy, shall be charged. For all other copies, the actual cost of duplication of the public record shall be charged. The requestor shall also be charged the cost of mailing the records, when requested to do so. The requestor shall be advised of these costs in advance of the duplication of the requested records."

Prior to any payment, I am awaiting a notice from Collier County Schools that my requests will be honored as stated -- a CERTIFIED copy of EACH page -- and that the total amount of payment thus due is revised (as certified copies cost $1 per page).

Thank you,

Susan Alyn

Yes, I would like to proceed the way the school district procedures are actually posted online.

I am not asking for anything out of the ordinary as you wrongly and falsely imply ("...we have as a matter of practice, considered certification requests as applicable to copies of a document request, not individual pages of a particular document. Nevertheless, to work with you...").

I am asking only for what the school district policy allows and requires. Nothing more; nothing less. It has been absolutely impossible to
get Collier County Public Schools, for years and years, to follow its own publicly posted policies online, which are all written in accordance with actual state law.

So, yes, I would like you to proceed in accordance with (a) the publicly posted school district policies, and (b) state law. I don't think that is asking way too much here.

And, yes, if the cost is "$166.45" to obtain a certified copy of each public record page you will provide in response to this request, then please prepare: an invoice for "$166.45" (since that amount needs to be paid to comply with (a) school district policy posted online and (b) state law).

Why you would write: "Nevertheless, to work with you" is beyond me. I did not write the publicly posted online district policy or the state law.

Thank you.

Susan Alyn

Thank you.

Please rewrite the invoice, omit my name, address it instead to "MuckRock News" (and not my name), and please do so pursuant to the instructions you already received from MuckRock:
------------
For mailed responses, please address (see note):
MuckRock News
DEPT MR (email code number for the request)
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.
---------------------------------

And, no, I am not able to do the following because:

As you know, MuckRock News is the requester; and

MuckRock News will send you a check

(and MuckRock News is where you are supposed to send the documents; thank you):

"If you could please be sure to note the invoice number on your check for easy tracking."

(No and not possible, as I am not sending you any check; MuckRock News is sending you a check.)

Just to be clear: you are responding to a request made by MuckRock News.

All of the certified documents you send in response to a request from MuckRock News will be posted publicly, on their news site, where journalists can access and read the documents.

You seem to have an incredibly difficult time following not only instructions from the school district and the State of FL law, but, also, from MuckRock News.

If by chance this is because Jon Fishbane, the lawyer I complained about to the FL Bar, is again submitting a stack of forgeries in response,
then, you may want to re-think what you and Mr. Fishbane are sending, since now, everything is being requested by MuckRock News,
Paid for by MuckRock News, and Sent to MuckRock News.

Thus, if you and Mr. Fishbane are thinking of sending forgeries, the forgeries of anything you send will be more easily seen and detected by others once these forgeries are publicly posted, FYI -- and for the information of Attorney Jon Fishbane (who to my knowledge has yet to fulfill a public records request as required by FL law and district policy to my knowledge; he likes to send forgeries to private citizens who then can not do anything about the forgeries because the state attorney Stephe Russell does not prosecute forgeries and the FL Bar does not discipline Atty Jon Fishbane).

Again, note: Since these docs, whatever you send to me, were NOT requested of you with an email from e (the email was from MucKRcok News) and are NOT being paid for with a check to you from me (the check you receive is from MUCKROCK NEWS), and are NOT being sent to me (You have to address it to MUCKROCK NEWS and not my na,e); this is now:

a Sunshine filled public records request -- where forgeries from anyone (including Attorney Jon Fishbane), will no longer be as easily concealed by those corrupt in government (who like to send forgeries to the public, and that includes any attorneys, and includes an attorney named Jon Fishbane), again, FYI.

The corrupt in Collier County Public Schools really has to stop at some point. it's been going on for more than 15 years now with respect to pulbic records. If you are planning to send a stack of forgeries, just remember, all your forgeries to MuckRock News are paid for by MuckRock and are requested and sent and posted by MuckRock, which, FYI, has in fact filed litigation in the past over public records. I think they are currently in a lawsuit against the CIA.

So, as to any forgeries you are planning to send -- please do not send. I'm very tired of forgeries from Jon Fishbane in response to public record requests back when I was foolish enough to think I could ever get a public record out of Collier County Public Schools when it was run by two frauds without public record personnel files, Dennis Thompson and Allun Hamblett, and that anyone like an attorney might care about the law or the public or children or something other than continuing that on-going corruption.

Thank you.

"like an attorney such as Jon Fishbane" is what I meant to write. Not all attorneys are corrupt. But, he has in fact send me forgeries in the past. If he's thinking of doing it again, well, this time, any forgeries are going to the MuckRock News site instead of to my desk drawer at home. Thanks for understanding that - finally. It literally takes decades to get through to you people in Collier County Public Schools re public records. I am sorry to say that. But it's true - decades is how long it takes to MAYBE MAYBE MAYBE get a certified public record. MAYBE. Because for all I know, you and Mr. Fishbane might be planning to send another stack of forgeries. Who knows.

▼RE: Zinser, Leanne ∞ 08/13/2015

Ms. Alyn,

Attached please find an invoice for $166.45. If you could please be sure to note the invoice number on your check for easy tracking.

Once we receive payment, we will certify all the documents and send them to the address noted on the invoice. Please let me know if they should be mailed to an alternate address.

Thank you,

[cid:image001.jpg@01D0460E.957CB990]

Leanne Zinser
Supervisor, Communications & Community Engagement
Collier County Public Schools
------------------

Ms. Zinser:

After thinking more about your email above, I have concluded: this email, like emails you have sent in the past, has no legitimate purpose.

Consequently, please stop emailing me.

I will send one more response to this email, cc the superintendent of Collier Schools again, and let this superintendent Dr. Kamela Patton
know that in addition to you being (1) unable or unwilling to comply with state law in the past, and (2) unable or unwilling to comply with
district policy in the past, you are now also (3) unable or unwilling to comply with the simple instructions you received from MuckRock News,
a public news site, where all your emails are posted, as will any certified public records you send in response to emails you have received
from MuckRock News.

Again, please stop emailing me. It is my sincere hope that by posting one more reply to you, on each of the MuckRock News threads publicly posted, and another, 2nd email to your supervisor, the superintendent, that someday someone in law enforcement will read the publicly posted
requests to Collier County Schools, and perhaps take any needed lawful action to correct what has been more than a decade of this district's
deliberate refusal to comply with public record laws.

If you or Mr. Fishbane should ever lose your jobs or be prosecuted or ever go to jail as a result, then frankly, in my opinion, this would greatly benefit the public -- and perhaps result in much needed change and transparency in that school district.

Good bye.
Susan Alyn

---------- Forwarded message ----------
From: Susan Alyn <susan.alyn@gmail.com>
Date: Sat, Aug 15, 2015 at 6:13 PM
Subject: 2nd request re public records
To: "Patton, Kamela" <patton@collierschools.com>

Dear Collier Schools Superintendent Dr. Kamela Patton:

As I have previously written to you, Leanne Zinser has a great deal of difficulty
filling public records requests.

She continues to have difficulty. (See her latest email to me below, and my response.)

Consequently, I am politely asking that you take over this job function of filling public records requests,
as you are the Custodian of Public Records.

Thank you.

Sincerely,

Susan Alyn

Posted on Muck Rock News on 16 news threads.

-----------------------------------

To: Ms. Leanne Zinser, Supervisor/Communications Services, The School District of Collier County:

Regarding our conversation here:

https://www.muckrock.com/foi/collier-county-35/re-15-attorneys-19117/

And regarding your most recent email here, which is posted on the above:

-------------------

Zinser, Leanne ∞ 08/13/2015

Ms. Alyn,

Attached please find an invoice for $166.45. If you could please be sure to note the invoice number on your check for easy tracking.

Once we receive payment, we will certify all the documents and send them to the address noted on the invoice. Please let me know if they should be mailed to an alternate address.

Thank you,

[cid:image001.jpg@01D0460E.957CB990]

Leanne Zinser
Supervisor, Communications & Community Engagement
Collier County Public Schools

-----------------------------------------------------

Dear Ms. Zinser:

I am sorry, but your invoice and your instructions are both incorrect.

When you received the email from Muck Rock News requesting public records, their email included this address below and the following information on where to mail the requested certified public records:

“For mailed responses, please address (see note) :

MuckRock

Dept MR (code number assigned by MuckRock email)

PO Box 55819

Boston, MA 02205-5819

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent

through MickRock by the above in order to better track, share, and manage public

record requests. Also note that improperly addressed (i.e., with the requester's name

rather than “MuckRock News” and the department number) requests might be

returned as undeliverable.”

Consequently, please delete my name from your invoice address, and instead write “MuckRock News.”

With regards to your request that I handwrite anything on the back of a check; the checks you will receive come from MuckRock News (not from me).

Finally, with respect to your mention of “easy tracking” I would suggest you send each batch of certified public records (if you have any in response to each request) in a separate envelope, and write a separate invoice for each batch, and include the cost of postage in your invoice, as I believe FL law allows you to include postage costs.

I hope this answers all your questions once and for all.

Since you continue to have difficulty filling these public record requests, I also suggest the following:

1) Print out the initial email you received from MuckRock News on each request;

2) Provide that email and the certified public records to Dr. Kamela Patton;

3) Let Dr. Patton, the superintendent, create an invoice for each batch; and

4) Allow Dr. Patton to correctly address each envelope.

I have cc-ed Dr. Patton on this email with the aformentioned polite suggestion that she do your job.

As this is not the first email you have sent which seems to me to have no legitimate purpose other than to harass me and to evade and delay sending public records, please stop emailing.

Again, I politely suggest: Go to your school district superintendent, Dr. Kamela Patton, and allow her to do your job of filling public record requests, since you have been unwilling, unable or prevented by others such as a school district attorney, perhaps, from doing your job for many years now.

I believe Dr. Patton does want the school district to be transparent, but apparently, my previous email to her and her speaking with you left you as confused as ever as to how to fill a public records request.

I hope she will help you by starting to do your job for you – or by hiring someone who is either willing or able to do the job of filling public record requests. Or, is not prevented from doing so by someone such as the school district attorney.

Thank you.

Sincerely,

Susan Alyn

cc: (1) Dr. Kamela Patton -- 2nd request for you to help Leanne Zinser fill public record requests

(2) Also posted on the following threads at MuckRock News, requesting certified public records from Collier County Public Schools:

1)1998-2014 Salary history of Joe Landon, retired from Collier County Schools

https://www.muckrock.com/foi/collier-county-35/1998-2014-salary-history-of-joe-landon-retired-from-collier-county-schools-19577/

2)1998 job application of Joe Landon, retired from Collier County Schools

https://www.muckrock.com/foi/collier-county-35/1998-job-application-of-joe-landon-retired-from-collier-county-schools-19578/

3) Agent #1 of Jeb Bush (re Collier School District Attorney Jon Fishbane)

https://www.muckrock.com/foi/collier-county-35/agent-1-of-jeb-bush-19113/

4) Agent #4 of George H Bush (re Collier School District Attorney Jon Fishbane)

https://www.muckrock.com/foi/collier-county-35/agent-4-of-george-h-bush-18888/

5) Atty Jon Fishbane Oct 2008-April 2009 Contract or Invoices to Collier School District

https://www.muckrock.com/foi/collier-county-35/atty-jon-fishbane-oct-2008-april-2009-contract-or-invoices-to-collier-school-district-19982/

6) Collier School Board Meeting Minutes - Aug 12, 2010 (actually: Aug 19, 2010)

https://www.muckrock.com/foi/collier-county-35/collier-school-board-meeting-minutes-aug-12-2010-19433/

7) My FL Bar Complaint against Jon Fishbane in March 2009 required Fishbane to file a Certificate of Disclosure of a FL Bar Complaint Against Him

https://www.muckrock.com/foi/collier-county-35/my-fl-bar-complaint-against-jon-fishbane-in-march-2009-required-fishbane-to-file-a-certificate-of-disclosure-of-a-fl-bar-complaint-against-him-19978/

8) Re "15 attorneys"

https://www.muckrock.com/foi/collier-county-35/re-15-attorneys-19117/

9) Re Salary Histories of Allun Hamblett and Jo A Hamblett

https://www.muckrock.com/foi/collier-county-35/re-salary-histories-of-allun-hamblett-and-jo-a-hamblett-19118/

10) Re Sarah Hamblett

https://www.muckrock.com/foi/collier-county-35/re-sarah-hamblett-19116/

11) Superintendent Dennis Thompson - Contract with Collier County Schools

https://www.muckrock.com/foi/collier-county-35/superintendent-dennis-thompson-contract-with-collier-county-schools-19432/

12) Superintendent Dennis Thompson lawsuit against Collier School District

https://www.muckrock.com/foi/collier-county-35/superintendent-dennis-thompson-lawsuit-against-collier-school-district-19431/

13) To Collier County Schools: Requesting Certified Copy of School Board's Lawyer's Answer to My 2009 Sunshine Violations Lawsuit -- which is on File at the School DIstrict as required by FL Law

https://www.muckrock.com/foi/collier-county-35/to-collier-county-schools-requesting-certified-copy-of-school-boards-lawyers-answer-to-my-2009-sunshine-violations-lawsuit-which-is-on-file-at-the-school-district-as-required-by-fl-law2-20000/

14) To Collier County Schools re: Terry Walters, teacher in 2008 news article concerning possible Sunshine Law violations by school board in hiring of superintendent Dennis Thompson

https://www.muckrock.com/foi/collier-county-35/to-collier-county-schools-re-terry-walters-teacher-in-2008-news-article-concerning-possible-sunshine-law-violations-by-school-board-in-hiring-of-superintendent-dennis-thompson-20085/

15) To Collier School Board re: 2009 Invoices/contracts with any outside law firm or atty

https://www.muckrock.com/foi/collier-county-35/to-collier-school-board-re-2009-invoicescontracts-with-any-outside-law-firm-or-atty-19977/

16) To Collier School: Requesting Other Lawsuit "Answers" from Oct 1, 2008-June 1, 2009

https://www.muckrock.com/foi/collier-county-35/to-collier-school-requesting-other-lawsuit-answers-from-oct-1-2008-june-1-2009-20002/

Dear Collier County Schools Superintendent Dr. Kamela Patton:

Please provide an invoice for this MuckRock News request for certified public records, so that a payment can
be made by MuckRock. Thank you.

Susan Alyn

Your response here indicates Sunshine Law Violations exist; is that what you are saying? Because these requests are for public records that the school district would have and such public records should be released to the public upon request:

The District does not have the following requested documents:

1. 18888-156049

2. 19117-157507

3. 20002-34987678

4. 19982-63709784

5. 19977-90087963

6. 19978-30287950

7. 20000-53038155

8. 19431-159840 – This set of requested documents may be with the then-outside counsel. You would have to inquire separately.
-----------------------------------

The invoices you are listing have all been paid, as posted on each individual request, with the exception of Invoice #44,
which is for a request that was withdrawn.

However, no public records have been sent as of this date.

With respect to the other requests, I will email the superintendent for a 3rd time, and cc the school board, to find out why
public records that are required to exist by law (Jon Fishbane's job application, lawsuits filed against the school district, etc)
are not being provided.

The only reason I know of is that you are claiming: FL Sunshine Public Records Law violations exist.

--------------------------------------

I sent an email to the school board concerning these missing public records:

---------- Forwarded message ----------
From: Susan Alyn <susan.alyn@gmail.com>
Date: Mon, Sep 7, 2015 at 10:29 AM
Subject: Re Eight current violations of FL Sunshine Public Records Law by this school district's lawyer Jon Fishbane - requesting investigation and his dismissal
To: lichteke@collierschools.com, curatoka@collierschools.com, donale@collierschools.com, spraguju@collierschools.com, "Terry, Roy" <terryro@collierschools.com>
Cc: "Patton, Kamela" <patton@collierschools.com>, ZinserLe@collier.k12.fl.us

Re: Eight (8) Current Violations of FL Sunshine Public Records Law by the District's Lawyer Jon Fishbane
Dear School Board Members of Collier County Public Schools --

Kathleen Curatolo,
Erika Donalds,
Kelly Lichtner,
Julie Sprague, and
Roy M. Terry:

I am a member of the public, and I am publicly posting this email to you on a news site called MuckRock.com.

On this news site, 16 public records requests were recently made to Collier County Public Schools by MuckRock from
requests I paid MuckRock to make.

None of these public record requests were timely responded to by the district. As of today's date, no public records have been provided,
even though MuckRock made payment on seven (7) invoices. (One other invoice/request was withdrawn,)

However, on the remaining eight public record requests I made through this Boston news site, which journalists nationwide use as a resource,
there appears to be eight (8) FL Sunshine Public Records Violations -- as no invoices were provided.
MuckRock recently received the following reply from Leanne Zinser regarding these eight (8) requests. Note I believe
these are violations of public record law, because these requested public records, described at the end of this email,
should exist at the district -- and are required by law to be released to the public, under FL law, as public records:

------------------------------------------------------------------------------------------------------

From Leanne Zinser to MuckRock News:

The District does not have the following requested documents:

1. 18888-156049

2. 19117-157507

3. 20002-34987678

4. 19982-63709784

5. 19977-90087963

6. 19978-30287950

7. 20000-53038155

8. 19431-159840 – This set of requested documents may be with the then-outside counsel. You would have to inquire separately.

--------------------------------------------------------------------------------------------------------------------
In an effort to obtain all the public records requested by MuckRock, I had twice emailed the official Custodian of Public Records,
the superintendent, Dr. Kamela Patton. While Dr. Patton may have made her best effort to obtain all the public records requested,
the end result seems to be: eight (8) violations of Florida Sunshine Public Records Law.

The eight (8) missing public records all concern the school district lawyer, Jon Fishbane, and legal matters which are public records and
have been reported in the local newspaper, the Naples Daily News. There is nothing confidential being requested by MuckRock News.

Either these public records -- required to exist under district policy and be released under state law -- do in fact exist. but are not being released,
(which constitutes violations of public records laws); or, there is a combination of violations of Sunshine Law as well as
false newspaper articles published by "The Naples Daily News" on a regular basis at the request of Jon Fishbane.

Consequently, I am asking the school board to investigate Jon Fishbane's failure to provide these eight (8) public records to Leanne Zinser,
following what may have been superintendent Dr. Patton's best efforts to obtain such, in response to the MuckRock News requests and my emails to Dr. Patton.

A description of the eight (8) public records that have not been provided is below.

Again, I believe the district is currently in violation of FL Sunshine Public Records
Laws because of the failure to provide these records.

Since all these requests pertain to a lawyer, Jon Fishbane, who is hired and can be fired by the board,
I hope the board will investigate -- and perhaps then decide to replace him with a lawyer who will provide public records.

I look forward to the board's prompt and written response to these apparent Sunshine Public Records Violations,
and again, I am posting this email on MuckRock news for the bebefit of journalists and others interested in how public records
violations occur at a public school district.

Finally, for those journalists and others who may be reading this email, note this is a school district with a billion dollar annual
budget -- which employs on its payroll a lawyer who will not provide invoices to the public, which are
required to be provided by law - is this due to embezzlement of funds by this lawyer? That's a question on my mind.

Thank you.

Sincerely,
Susan Alyn

cc: Dr. Kamela Patton, superintendent
Leanne Zinser
Missing Public Records / Violations of FL Public Records Law

1) Jon Fishbane's job application materials to Collier County Public Schools -

https://www.muckrock.com/foi/collier-county-35/agent-4-of-george-h-bush-18888/

Seeking a certified copy of all public record application materials required by the school district prior to their hiring of Attorney Jon Fishbane, the current attorney for the District School Board of Collier County Public Schools (and note this request would include, but may not be limited to, a written application, resume, official college transcripts, and recommendation letters).

---------------------------------

2) Jon Fishbane's Contract or Invoices from when he was interim attorney for the district from Oct 2008-Apr 2009 -

https://www.muckrock.com/foi/collier-county-35/atty-jon-fishbane-oct-2008-april-2009-contract-or-invoices-to-collier-school-district-19982/

Seeking a certified copy of either:

1) The contract Attorney Jon Fishbane had entered into with the Collier School District following the resignation of Collier School District attorney Richard Withers as of October 2008, to the date the school board hired a new fulltime attorney (Jon Fishbane) in April 2009,

Or, in the alternative:

2) A certified copy of all invoices sent to the district (and paid by the district) from the law firm Roetzel & Andress for legal services performed by Jon Fishbane as interim attorney and any other attorney from Oct 2008 to April 2009/or May 1, 2009.

-----------------------------------------
3) My FL Bar Complaint against Jon Fishbane in March 2009 required Fishbane to file a Certificate of Disclosure of a FL Bar Complaint Against Him

https://www.muckrock.com/foi/collier-county-35/my-fl-bar-complaint-against-jon-fishbane-in-march-2009-required-fishbane-to-file-a-certificate-of-disclosure-of-a-fl-bar-complaint-against-him-19978/
Seeking a certified copy of the required FL Bar Attorney "Certificate of Disclosure" that Attorney Jon Fishbane was required to file with his law firm -- which I believe should have been forwarded by the law firm to client Collier County Public Schools, in March 2009, to notify Collier County Schools that a complaint had been filed against Mr. Fisbane with the Florida Bar.
4) Applications and/or Names of Other Attorneys Who Allegedly Applied to Collier County Public Schools in 2009, prior to Fishbane being Hired

--------------------------------

4) "15 attorneys" - Applications and/or names of other attorneys allegedly applying to the district prior to Fishbane being hired in April 2009

https://www.muckrock.com/foi/collier-county-35/re-15-attorneys-19117/

Seeking a certified copy of any and all job applications and application materials, or a certified list of attorney names (if no such application materials are available), for the"15 attorneys" that Executive Director of Human Resources Allun Hamblett publicly claimed in a school board meeting had applied for employment at Collier County Public Schools

---------------------------------------

5) Lawsuit filed by former superintendent Dennis Thompson against the district

https://www.muckrock.com/foi/collier-county-35/superintendent-dennis-thompson-lawsuit-against-collier-school-district-19431/

Seeking a certified copy of the complaint, proof of service, school district answer, and court documents showing the outcome, in the allegedly existing lawsuit reportedly filed by former Collier Schools superintendent Dennis Thompson against Collier County School Board in March 2011. Such a lawsuit was reported in the Naples Daily News by reporter Katherine ("Kate") Albers in the Naples Daily New article copied here:

http://www.naplesnews.com/news/education/collier-school-superintendent-dennis-thompson-

----------------------------------------------

6) Requesting Certified Copy of School Board's Lawyer's Answer to My 2009 Sunshine Violations Lawsuit

https://www.muckrock.com/foi/collier-county-35/to-collier-county-schools-requesting-certified-copy-of-school-boards-lawyers-answer-to-my-2009-sunshine-violations-lawsuit-which-is-on-file-at-the-school-district-as-required-by-fl-law2-20000/

Seeking from the school district a certified copy of any "Answer" the Collier School Board's attorney at that time may have filed with the Collier Court...

---------------------------------------------

7) Re 2009 Invoices/contracts with any outside law firm or atty

https://www.muckrock.com/foi/collier-county-35/to-collier-school-board-re-2009-invoicescontracts-with-any-outside-law-firm-or-atty-19977/

-----------------------------------------------

8) Requesting Other Lawsuit "Answers" from Oct 1, 2008-June 1, 2009

https://www.muckrock.com/foi/collier-county-35/to-collier-school-requesting-other-lawsuit-answers-from-oct-1-2008-june-1-2009-20002/

--------------

FL Sunshine Law

http://www.myflsunshine.com/sun.nsf/manual/5a60474cbfb8dbf4852566f30068571f

http://www.myflsunshine.com/pages.nsf/Main/321B47083D80C4CD8525791B006A54E3#3

What agencies are covered under the Sunshine Law?
The Government-in-the-Sunshine Law applies to "any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision." Thus, it applies to public collegial bodies within the state at both the local as well as state level. It applies equally to elected or appointed boards or commissions.

When does a document sent to a public agency become a public document?
As soon as a document is received by a public agency, it becomes a public record, unless there is a legislatively created exemption which makes it confidential and not subject to disclosure.

http://www.myflsunshine.com/sun.nsf/manual/5a60474cbfb8dbf4852566f30068571f

Government-in-the-Sunshine Manual
Chapter updated: 01/14/2011
What kinds of agency records are subject to the Public Records Act?

3. Financial records
Many agencies prepare or receive financial records as part of their official duties and responsibilities. As with other public records, these materials are generally open to inspection unless a specific statutory exemption exists. See AGO 96-96 (financial information submitted by harbor pilots in support of a pilotage rate increase application is not exempt from disclosure requirements).

5. Litigation records

a. Attorney-client communications

The Public Records Act applies to communications between attorneys and governmental agencies; there is no judicially created privilege which exempts these documents from disclosure. Wait v. Florida Power & Light Company, 372 So. 2d 420 (Fla. 1979) (only the Legislature and not the judiciary can exempt attorney-client communications from Ch. 119, F.S.). See also City of North Miami v. Miami Herald Publishing Company, 468 So. 2d 218 (Fla. 1985) (although s. 90.502, F.S., of the Evidence Code establishes an attorney-client privilege for public and private entities, this evidentiary statute does not remove communications between an agency and its attorney from the open inspection requirements of Ch. 119, F.S.).
Moreover, public disclosure of these documents does not violate the public agency's constitutional rights of due process, effective assistance of counsel, freedom of speech, or the Supreme Court's exclusive jurisdiction over The Florida Bar. City of North Miami v. Miami Herald Publishing Company, supra. And see Seminole County, Florida v. Wood, 512 So. 2d 1000, 1001 (Fla. 5th DCA 1987), review denied, 520 So. 2d 586 (Fla. 1988) (the rules of ethics provide that an attorney may divulge a communication when required by law; the Legislature has plenary authority over political subdivisions and can require disclosure of otherwise confidential materials); and AGO 98-59 (records in the files of the former city attorney, who served as a contract attorney for the city, which were made or received in carrying out her duties as city attorney and which communicate, perpetuate, or formalize knowledge constitute public records and are required to be turned over to her successor). ...

(1) Scope of exemption
(a) Attorney bills and payments
Only those records which reflect a "mental impression, conclusion, litigation strategy, or legal theory" are included within the parameters of the work product exemption. Accordingly, in AGO 85-89, the Attorney General's Office concluded that a contract between a county and a private law firm for legal counsel and documentation for invoices submitted by such firm to the county do not fall within the work product exemption. Accord AGO 00-07 (records of outside attorney fee bills for the defense of the county, as well as its employees who are sued individually, for alleged civil rights violations are public records subject to disclosure).
------------

Personnel file contents are public records under FL Sunshine Law:

http://www.myflsunshine.com/sun.nsf/sunmanual/5A60474CBFB8DBF4852566F30068571F

FL Government-in-the-Sunshine Manual
Chapter updated: 03/29/2010

What kinds of agency records are subject to the Public Records Act?

6. Personnel records

a. Personnel records open to inspection unless exempted by law

The general rule with regard to personnel records is the same as for other public records; unless the Legislature has expressly exempted an agency's personnel records from disclosure or authorized the agency to adopt rules limiting access to such records, personnel records are subject to public inspection and copying under s. 119.07(1), F.S. Michel v. Douglas, 464 So. 2d 545 (Fla. 1985). And see Alterra Healthcare Corporation v. Estate of Shelley, 827 So. 2d 936, 940n.4 (Fla. 2002) ("only the custodian of such records can assert any applicable exemption; not the employee").

In accordance with this principle, the following are some of the personnel records which have been determined to be subject to disclosure:

Applications for employment--AGOs 77-48 and 71-394; …

Resumes--Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So. 2d
633 (Fla. 1980); …

Salary information--Lewis v. Schreiber, No. 92-8005(03) (Fla. 17th Cir.
Ct. June 12, 1992), per curiam affirmed, 611 So. 2d 531 (Fla. 4th DCA
1992); AGO 73-30; …
Accordingly, an agency should assume that all information in a personnel file is subject to inspection unless a specific statutory exemption exists which would permit withholding a particular document from disclosure. For more information on the exemptions applicable to law enforcement officers, please refer to the discussion of law enforcement personnel records found at s. F.11., infra. Exemptions that pertain to personnel records of educators are discussed in s. I.2., infra.

---------

Note that you posted a lot on this MuckRock thread, which was a public records request for the job applications of the "15 attorneys" who allegedly applied for the school district lawyer position that went to Jon Fishbane, a lawyer with experience in racketeering legal work, according to information I found online, who had never before worked in a public school district.

I believe the process of hiring Jon Fishbane was not done in the Sunshine, as the school board never
disclosed the names or job applications of any other applicant, nor the information about Jon Fishbane. Nor did the school board ever review Jon Fishbane's materials, if any, when he applied, as that was done behind closed doors by a committee hand-picked by a superintendent, Dennis Thompson, who was also in violation of Sunshine laws, along with only one school board member allowed to attend this closed door meeting, Kathy Curatolo.

The entire elected school board -- all five members representing The People -- has the legal duty to hire two people: the lawyer for the school district and the superintendent. But the entire board was not
participating in this process. The process was over with the group and Kathy behind closed doors, with the other four members of the board rubber-stamping their decision to hire Jon Fishbane, who could not have possibly been the best qualified lawyer had any lawyer with school district experience applied.

It was just another slew of Sunshine Violations in this process, in my opinion, and there were actually no other lawyer applicants. I don't know what paperwork was shown to Kathy Curatolo, but no such paperwork or applications of "15 other applicants" was ever shown to the public or to the four other elected school board members, despite the fact: those applications, if such exist, are public records.

So, you posted a lot on this thread, none of which had to do with my request on this thread for 15 job applications mentioned publicly by Allun Hamblett -- another one in violation of Sunshine law, as he too had no personnel file, yet he was "Executive Director" of Humn Resources.

In short, this thread and this request had NO RESPONSE. Just for the record: NO RESPONSE to a repeated request for the allegedly existing "15 job applications" of other lawyers who according to Hamblett applied for the job, I don't think there were any other applicants, as the job was probably never posted.,

Thanks anyway.