Gmail - 119 Request for WSH financial records. Page 1 of 6 Eric McDonough 119 Request for WSH financial records. 3 messages Eric McDonough To: "Samuel I. Zeskind" Cc: Carlos Miller Thu, May 11, 2017 at 1:32 AM Dear Mr. Zeskind, Public records are hereby requested under FSS. 119 from you personally and/or WSH. This 119 request is for the total amount billed to date in the 119 lawsuit and appeal where you are defending Homestead in their unlawful refusal to provide records. Obviously, this is the case you appealed, after you unsurprisingly lost, and unwisely appealed, tried to settle then reneged. I am contacting you as a journalist writing an article for Photographyisnotacrime.com (PINAC), not as a plaintiff. Further, I am not contacting you in your position as legal counsel or as a representative for Homestead, but only in your position as a custodian of records under, where I am requesting that you comply with FSS. 119.07(1)(a-f). Providing me emailed PDF's of the record will fulfill this request, again in the alternative, I am requesting immediate personal inspection with cameras by right. THIS IS A REQUEST DIRECTED AT YOU AND/OR WSH, NOT THE CITY OF HOMESTEAD. If you are not able to provide me with copies of these records post haste, I would like to know the earliest time in which I could come and personally inspect the records at your office as a credentialed member of the media, under FSS. 119.07(3) (a). This request should take 10 minutes or less to fulfill. It is undoubtedly an electronic file, and can be emailed, with no reproduction cost, and no time for redaction necessary. There is no plausible reason the documents cannot be provided, or personal inspection at your office allowed, on or before 4:00 pm Wednesday May 17th, 2017. Any automatic delay is unlawful as you well know. Further, as you also well know the only allowable and reasonable delay is the time required to retrieve and redact said records. As there is no redaction or review required, and they are electronically stored, again the request will require less than 10 minutes. Failure to comply with your statutory requirements, will illicit immediate notice of non-compliance to both WSH and Homestead under FSS. 119.0701. Eight (8) days after which, if compliance has not been achieved, a civil suit will be filed naming you and/or WSH as defendants, as well as respective criminal and/or bar complaints. Further, this time an immediate hearing will be DEMANDED by right. Normally I would allow you to play your unlawful delay strategy, but I am on a deadline here, and frankly quite tired of your games. Additionally, you are acting as the legal 119 expert for Homestead, therefore you should not need to send this to Homestead/Sewell for clarification, which would create an unlawful automatic delay. It is assumed that you or WSH can lawfully comply with this simple request, as a party in possession of the records. My publisher is flabbergasted that a licensed attorney would have the audacity to claim a communication between government officials that has no attorney attached thereto, as being protected by attorney client privilege. They are further incredulous that an attorney would claim that the financial records related to expenditure of government funds was also claimed to be protected by attorney client privilege. This is not to mention that attorney client privilege does not even apply to 119 request (only specific attorney work-product exemptions do, and are not relevant to the documents requested which have been obtained), but you already knew that. I would advise leaving the playing dumb routine to Chief Rolle, it doesn't fit you well being a so called legal "expert" on 119. While my preference was to pass this story to one of our expert 119 violation reporters, this exclusive story has been assigned to me since I am a party to it. You should know I do NOT appreciate being placed in such circumstances. Further, I am utterly appalled by your repeated disrespect towards my honorable counsel, who has always been well more than reasonable to you and your clients. https://mail.google.com/mail/u/0/?ui=2&ik=0e34f33ef3&view=pt&search=sent&th=15c06... 5/16/2017 Gmail - 119 Request for WSH financial records. Page 2 of 6 It is my contention that there has been repeated, knowing and willful violations of the records law, related to the city's performance in responding to my request. Objective evidence establishes that many such acts have occurred, some of which were performed with corrupt intent. This includes you as an active participant in some of the said obstructions against my rights to gather information, and failure to get lawful compliance with records request. Just curious I have to ask some questions for my story: Are you knowingly and willfully violating 119, or just completely ignorant and incompetent in your duties as an attorney working 119 cases? Are you just acting to create more work/billable hours for your firm by giving your clients patently bad legal advice leading to unnecessary litigation? Can you explain how public expenditures on attorney fees can ever be protected by attorney client privilege, or attorney work product provisions under FSS. 119.071(1)(d)(1)? Can you explain how the provisions of FSS. 119.071(1)(d)(2) where it claims the parties "shall" be identified it not a requirement when using the work-product exemption in lieu of delivering records? Can you explain how an officer acting off-duty as a private citizen can be properly and lawfully represented by their government employer? With all due respect, I cannot fathom a licensed attorney being so ignorant of the law. If there is a third or fourth option I have overlooked, please immediately inform me of such, as I sincerely do not want to defame you in your official capacity as attorney for the City of Homestead, in the upcoming article. If I do not hear back from you regarding these questions before publication, I will accept that as a tacit admission on your behalf that my understanding of your malfeasance is indeed correct, since I already have evidence strongly supporting if not proving such anyway. Further, I am requesting an in person on the record interview to allow you to give your side of the story, which I will also publish. If you agree, you will be treated more respectfully and honorably than you and your clients have treated me and/or my counsel. I look forward to your immediate response acknowledging this request, and your prompt compliance with the law providing me copies of the unwarranted financial burden placed on the city to date, in part due to bad legal counsel. I thank you in advance for your lawful cooperation. Yours truly, Dr. James Eric McDonough, A.K.A. Doc Justice https://mail.google.com/mail/u/0/?ui=2&ik=0e34f33ef3&view=pt&search=sent&th=15c06... 5/16/2017 Gmail - 119 Request for WSH financial records. Samuel I. Zeskind To: Eric McDonough Cc: "agreenstein004@hotmail.com" Page 3 of 6 Thu, May 11, 2017 at 12:54 PM Good afternoon Dr. McDonough: We are in receipt of your below public records request sent earlier today, in which you request “the total amount billed to date in the 119 lawsuit and appeal where you are defending Homestead in their unlawful refusal to provide records.” While we may disagree with your characterization of the proceedings, we wish to respond promptly to your request. Accordingly, we seek confirmation that the document you are requesting is one that reflects the total amount our firm has billed the City of Homestead to date in connection with the public records lawsuit you brought and the subsequent appeal. If this is correct, we will promptly provide the document to you via e­mail. We await your response. Sam Zeskind Eric McDonough To: "Samuel I. Zeskind" Bcc: Alan Greenstein Thu, May 11, 2017 at 12:58 PM That is corre t https://mail.google.com/mail/u/0/?ui=2&ik=0e34f33ef3&view=pt&search=sent&th=15c06... 5/16/2017