Just Curious
Beach Fanatic
Yes, its a real prediction and no, I'm not willing to say which ones.
That's too bad. I was looking forward to seeing how accurate you are. I think there will be some changes as well.
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Walton County Commissioners' video deposition in public records lawsuit
- Thread starter Interested Girl
- Start date
That's too bad. I was looking forward to seeing how accurate you are. I think there will be some changes as well.
Interested Girl
Beach Fanatic
Well it appears that the request was not bogus.
In a special called meeting of the BCC this morning they agreed to a settlement in the case paying $230,000 in attorney's fees, plus $155,000 to the plantiff.
Seems we just flushed $385,000 on a lawsuit they should have never been. Fla Public Records laws are clear - produce the records or pay the price.
Someone was given bad legal advice once again.
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Jdarg
SoWal Expert
I get the attorneys' fees, but $155,000 to the plaintiff? For what? Pain and suffering for worrying about a volleyball net?
Alicia Leonard
SoWal Insider
The BCC will also have some other stipulations they will have to follow according to the agreement. I attended the meeting and will have an article out this week, Lots of media there, the details should be out by tonight.
Jdarg
SoWal Expert
I can't wait to read it!
Interested Girl
Beach Fanatic
FINAL JUDGMENT
This matter was heard upon the parties’ Motion to Enter Final Judgment. The Court has considered the Motion, heard the arguments from the parties’ attorneys, and it is therefore it is
ORDERED and ADJUDGED as follows:
1. The Parties are directed and enjoined to comply with the terms and conditions of this Final Judgment.
2. On or about October 22 and December 5 2008, Ms. Suzanne Harris requested copies of certain public records from Walton County (“the Public Records Requests”). In litigation styled Harris v. Walton County Board of County Commissioners, Case No. 09CA000800 (Fla. 1st Cir. 2009) (the “Public Records Case”), Ms. Suzanne Harris contends that the Walton County Board of County Commissioners and the Clerk of Courts (collectively “Defendants”) failed to comply with her requests. Defendants contend that the offer to allow Ms. Suzanne Harris to utilize Walton County’s intranet system and a county computer to retrieve records responsive to her requests complied with Chapter 119, Florida Statutes. Defendants have denied, and continue to deny, any liability to Ms. Suzanne Harris. Nevertheless, and in the interest of resolving all pending litigation among the Parties, the Parties have agreed to resolve the Public Records Case pursuant to the terms set forth in the Settlement Stipulation and this Final Judgment.
3. Defendants acknowledge Ms. Suzanne Harris made lawful public records requests and that she received no emails as requested.
4. Within thirty (30) days of entry of this Final Judgment, the parties shall meet and confer to determine the most effective manner in which to produce the records requested by Ms. Suzanne Harris in the Public Records Requests. Ms. Suzanne Harris agrees to pay a reasonable special service charge for any requested records which are ultimately produced.
5. Defendants shall comply with Article I, Section 24 of the Florida Constitution and Chapters 119 of the Florida Statutes, otherwise known as the Public Records Act.
6. Defendants shall conduct an annual training session for all public officials and appropriate key staff regarding the Public Records Act. The curriculum should include materials from the Florida Attorney General’s Office and the Florida First Amendment Foundation and shall emphasize the applicability of the Public Records Act to all public officials’ e-mail communications regarding county business, whether or not such e-mail communications are sent or received on an official Walton County e-mail account. The curriculum should also emphasize the maintenance, retention and public records request fulfillment requirements of the Public Records Act and state retention schedules.
7. The Walton County Board of County Commissioners and each individual commissioner shall use only his or her official county e-mail account when transacting official business.
8. Defendants shall respond to future public records requests by Ms. Suzanne Harris and all other citizens in accordance with the Public Records Act, including in particular its requirement of “good faith.” Defendants shall not impose unlawful conditions upon any requesting citizen’s right of access and, in particular, shall not condition any requesting citizen’s access upon that citizen’s willingness to search physically or electronically for responsive records or to review records for or to return confidential material.
9. The Defendants acknowledge that Ms. Suzanne Harris is entitled to an award of attorneys’ fees and costs under Section 119.12, Florida Statutes. The Parties agree that TWO HUNDRED THIRTY THOUSAND DOLLARS ($230,000.00) is a reasonable attorney fee award. Within twenty (20) business days after the entry of this Final Judgment, the Walton County Board of County Commissioners shall pay ONE HUNDRED FORTY EIGHT THOUSAND FIVE HUNDRED DOLLARS ($148,500.00) to Ms. Suzanne Harris and the Clerk of the Courts shall pay SIX THOUSAND FIVE HUNDRED DOLLARS ($6,500.00) to Ms. Suzanne Harris. The total payments to Ms. Suzanne Harris shall total ONE HUNDRED FIFTY FIVE THOUSAND DOLLARS ($155,000.00). The Walton County Board of County Commissioners shall also pay all fees and costs charged by the mediator in this matter.
10. Defendants shall enter into an agreement specifying their respective obligations going forward with regard to any Walton County records maintained by the Clerk of the Courts’ Office (e.g., on the Clerk of the Courts’ computer equipment or otherwise). Such agreement shall be consistent with the Public Records Act, as it has been construed by the courts; this State’s public records retention schedule requirements; and the terms of this Final Judgment. Defendants shall comply with Section 257.36(5)(b) of the Florida Statutes, which requires of each agency “an active and continuing program for the economical and efficient management of records.”
11. The Walton County Board of County Commissioners shall, within thirty (30) days after the entry of this Final Judgment, designate a Walton County employee to be Walton County’s records management liaison officer, pursuant to Section 257.36(5)(a) of the Florida Statutes. Walton County’s records management liaison officer shall receive annual mandatory training regarding the Public Records Act, including training on the maintenance, retention and public records request fulfillment requirements of the Public Records Act.
12. In the event that any party seeks judicial enforcement and or declaration of rights of the terms in this Final Judgment is needed, the proper procedural vehicle for obtaining relief shall be a “Motion to Show Cause” why the violator(s) should not be held in contempt. The Court shall issue orders to “show cause” as appropriate to enforce this Final Judgment through the Court’s contempt powers. This Court shall, and hereby does expressly reserve exclusive jurisdiction over the parties and the subject matter to enforce through its contempt powers any violation of or failure to perform any of the terms set forth herein. The Court shall award the prevailing party in any such contempt enforcement preceding, its attorneys’ fees and costs.
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Interested Girl
Beach Fanatic
Again, why does Suzanne Harris get $155,000?
"I Don't Know" - ask those who approved the settlement.
Their answer should be interesting.
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Alicia Leonard
SoWal Insider
Again, why does Suzanne Harris get $155,000?
It was part of the agreement and the agreement does not specify what the amount is for, only that it is due to Ms. Harris within 20 days of the agreement being signed off on by Judge Green.