Oct 2000 Agent of Jeb Bush

Susan A. filed this request with the City of Naples of Naples, FL.
Status
Rejected

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:

(1) a certified copy of the salary history of a past employee of the City of Naples, attorney Jon Fishbane;

(2) a certified page showing the dates of his employment with the City of Naples, from the day attorney Job Fishbane was hired to the day he separated from employment from the City of Naples;

(3) a certified page showing the official job title of attorney Jon Fishbane while he employed as an attorney for the City of Naples, and the name of his supervisor, if any;

(4) a certified page showing a complete list of the names of all the city departments subject to the legal advice of attorney Jon Fishbane while he was employed as an attorney for the City of Naples (i.e., Police Department of the City of Naples, etc.); and

(5) a certified copy of the resume, job application, list of references, and any other application materials submitted by attorney Jon Fishbane to the City of Naples to obtain his employment as an attorney with the City of Naples.

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: Kathleen Tetrault

Attn: Susan Alyn,

Please acknowledge receipt of this email notifying you that your request has been received. I have attached a copy of Resolution 13-13241 containing the City's Public Records Fee Schedule for reference. This request will be assigned to the Human Resources Department to provide the records and the City Clerk's Office to certify the copies. At this time, the following clarifications need to be made:

* Please let us know whether the first page of each record is to be certified or all pages of each record, since a charge of $1.00 applies for each certified page.

* Photocopies are $.15 for single-sided and $.20 for double-sided; with the first $5.00 at no charge. (The $5.00 fee charge is the only amount waived.) The records will be provided in paper format due to the fact that you are requiring that they be certified. We would also require provision of a FedEx Account Number for mailing cost to forward certified copies to you. (See the attached fee schedule for further information.)

* Research and copying of records could also incur a special service charge for clerical extensive use (see attached resolution containing information in this regard) which we would require receipt of prior to mailing the copies.
Please confirm the above at your earliest convenience. As soon as we receive an answer to move forward, we will proceed with entering the request in the City's tracking system. If we do not receive your response by July 20th, this request will be cancelled and may be resubmitted at a later date with the understanding that the same clarification and process will apply.

Should you have any questions or need clarification, please feel free to send an email to PublicRecordsRequests@naplesgov.com<mailto:PublicRecordsRequests@naplesgov.com> or call us at 239-213-1015.

Kathleen M. Tetrault
Sr. Administrative Specialist
Office of the City Clerk
City of Naples
735 8th St S
Naples FL 34102

From: Kathleen Tetrault

Attn: Susan Alyn,
While awaiting clarification from you regarding the items listed in the email dated 7/6/15 @ 12:08 p.m. attached below, we forwarded your letter to the City's Human Resources Department to help expedite the request. With that said, I am including her responses both attached above and listed below, along with a copy of your initial letter:

Denise Perez's responses:

1) Jon Fishbane was not a City of Naples employee. He was employed by Roetzel & Andress. We do not have any employment records on Mr. Fishbane.

2) In reference to request #4, Mr. Fishbane provided labor and employment legal services to the City of Naples - not specific to any one department.
With provision of the aforementioned, this request is complete and there is no charge.

Kathleen M. Tetrault
Sr. Administrative Specialist
Email: ktetrault@naplesgov.com<mailto:ktetrault@naplesgov.com>

From: Susan A.

To Whom It May Concern:

Thank you for your response.

Rather than modify or amend my public records request here, I have decided I will find a new request in the near future.

My request will include a date range and be based in part on the following information I read in the Sunshine Law, stating that invoices from a private law firm to a government agency are in fact not exempt from Sunshine Law:

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?

..."(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). "

Thank you again for your response.

Susan Alyn

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