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No trial needed: Journalist's lawyer says judge can rule on public records lawsuit without trial
Press release -- Naples City Desk filed a motion for summary judgment on Monday, saying Collier Circuit Judge Fred Hardt can rule based on the law in the news organization’s public records lawsuit and forgo the trial requested by elected Clerk of Courts Dwight Brock.
Judge Hardt ruled on March 26 that Naples City Desk journalist Gina Edwards owes $2 for the public records she requested, not the $556 charged by Brock. Subsequently, Brock has challenged Judge Hardt’s ruling saying a trial is needed where Edwards should be required to prove that a scanned document is part of an electronic database.
Brock asserts that a statute governing court clerks allows him to charge up to $1 per page for any document in his possession. Naples City Desk argues that the statute only applies to court records, not the county government records requested by Edwards. In addition, the fee for the electronic records under Florida’s public records law should be the cost of the CDs, or $2, Naples City Desk asserts.
Judge Hardt ruled that the statute cited by Brock requires clerks to follow fees outlined in the public records law for copies of documents in an electronic database.
On Monday, in response to an April 4 public records request by Edwards for electronic copies of emails between Brock and external auditors, Brock’s office declined to provide a fee estimate for the electronic records. The electronic records are available in a pst format.
Edwards asked Brock’s office to provide a fee estimate before commencing work on the request. Brock’s office said Edwards can inspect the 233 pages of records, but that Brock’s office reserves the right to charge a fee based on the outcome of the court case.
Earlier, Brock’s office asked Edwards if she wanted the emails as electronic copies from the clerk’s email archive computer database or in a “perceivable form.”
“I don't know what is meant by a ‘perceivable form,’” Edwards replied in an April 18 email. “I am seeking access to these emails in an electronic form that I can read them in for the lowest possible cost. What are the available export formats from the clerk's email database? … Please provide an itemized cost estimate for whatever methods you are proposing before beginning work on this.”
Prior to Edwards’ publication of critical stories of Brock’s audit of a political opponent on Feb. 11, Brock charged Edwards $2 for more than 1,000 pages of scanned electronic documents on two CDs.
Brock’s spokesman, Robert St.Cyr, conveyed Brock’s policy on providing electronic records to Edwards in an email on Jan. 29 in response to Edwards' request for a copy of the check paid to a consultant hired by Brock: “If the public records you have requested are available in an electronic format, and it requires minimal staff time to burn a CD, or to send an attachment via email, the charge is $1.00/ CD,” St.Cyr wrote.
Brock filed a motion for default judgment against Naples City Desk last week saying the news organization failed to file a timely response to his counterclaim. Naples City Desk responded that it didn’t believe a response was needed because Judge Hardt had ruled in favor of Naples City Desk on the issue. Brock also added a second lawyer and law firm to fight the journalist’s public records lawsuit.
(Update -- Brock withdrew the motion for default judgment on May 2, 2014)
Trial is scheduled for June 3 & 4.
►Naples City Desk Motion for Summary Judgment
►Brock's office response to Naples City Desk April 4 request for emails with external auditors
►Judge Hardt's Order on fees
Related Stories:
More than 300 pages of key documents surface after Brock’s office said all public records turned over
Two hats equal conflict: Brock’s Finance director signs off on hundreds of millions in payments, also serves as Internal Audit chief
Brock Motion for Default Judgment Against Naples City Desk
Naples City Desk Response
Browse the Public Records Lawsuit Court Files
Dateline: Naples, Fla., April 28, 2014
Contact Gina Edwards at 239-293-3640 or by email at ginavossedwards@gmail.com
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