Complaint against City of Bushnell

Filing # 32419675 E-Filed 09/23/2015 07:15:35 PM

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR SUMTER COUNTY, FLORIDA SUMTER ELECTRIC COOPERATIVE, INC., Plaintiff,

Case No. _____________________

v.

CITY OF BUSHNELL, FLORIDA, Defendant. __________________________________________/ COMPLAINT Plaintiff, SUMTER ELECTRIC COOPERATIVE, INC. (“Plaintiff” or “SECO”), by and through its undersigned counsel, sues Defendant, CITY OF BUSHNELL, FLORIDA (the “Defendant” or “City”), and states as follows: PARTIES AND VENUE 1.

This is a claim for violation of Chapter 119, Florida Statutes. This Court has

jurisdiction pursuant to Section 26.012, Florida Statutes.

2.

Plaintiff is a not-for-profit corporation and rural electric cooperative with its

principal place of business in Sumterville, Florida.

3.

Defendant, City of Bushnell, Florida, is a municipality of the State of Florida,

with its principal place of business in Sumter County, Florida.

4.

Venue is proper in Sumter County, Florida.

FACTS RELEVANT TO ALL CLAIMS FOR RELIEF

5.

Defendant is currently undertaking an electric system feasibility study to evaluate

the potential purchase of portions or the entirety of Plaintiff’s existing electric system within the municipal boundaries of Defendant.

6.

Defendant delegated the engineering study to a business named WHH

Enterprises, Inc. (“WHH”), with a principal named William H. Herrington.

7.

Defendant announced at its March 2, 2015 City Council meeting that it expected

that the City’s feasibility study would be available by July 2015. A true and correct copy of the City’s March 2, 2015 Regular Meeting Minutes is attached hereto as Exhibit “A”.

8.

Defendant stated to the public at its March 2, 2015 City Council meeting that the

feasibility study would be part of a transparent process to evaluate the City’s electric system and potential electric systems, and the study would be made available to the public. See id.

9.

As of the filing of this lawsuit, Defendant has not published Mr. Herrington’s

study, or any portion thereof.

10.

Upon information and belief, Mr. Herrington’s study has been completed and

made available to Defendant, in whole or in part, in final or in draft version.

11.

During discussion between Mr. Herrington and Mr. Ben Brickhouse of SECO in

May, 2015, Mr. Herrington identified that his report was almost complete and would be delivered to the City in early July. When Mr. Brickhouse requested a copy of the report from Mr. Herrington in late August, 2015, Mr. Herrington indicated that he would be happy to provide a copy, but that the City Manager would have to agree to it. Mr. Herrington represented to Mr. Brickhouse during this late August, 2015 discussion that he believed the City was reviewing portions of his report.

12.

Upon information and belief, Defendant organized individual meetings between

City staff and City Council members and Mr. Herrington, for the purpose of Mr. Herrington discussing his findings and analysis with those City employees and elected officials.

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13.

Upon information and belief, during his meetings with employees and elected

officials of the City, Mr. Herrington referred to, or relied upon, information, including data, drafts, notes, and/or reports, stored in Mr. Herrington’s computer.

14.

Upon information and belief, Defendant instructed Mr. Herrington to not provide

copies of his study or drafts thereof to the City employees or elected officials, with the intention of evading the requirements of Florida Statutes, Chapter 119, governing public records.

15.

Upon information and belief, neither the City’s employees nor elected officials

accepted copies of any materials from Mr. Herrington, during any of Mr. Herrington’s multiple meetings with the City’s employees and elected officials.

16.

On August 31, 2015, Plaintiff made a public records request to the Defendant, via

hand delivery of a letter, seeking the following information: “A copy of the City of Bushnell’s most recent Electric Feasibility Study or any portions available conducted by Bill Harrington, WWH Enterprises.” A true and correct copy of the August 31, 2015 public records request is attached hereto as Exhibit “B”.

17.

In response to Plaintiff’s August 31, 2015 request, Defendant informed Plaintiff

on September 3, 2015, as follows: “The City of Bushnell does not have the Electric Feasibility Study or any portions conducted by Bill Harrington, WWH Enterprises at this time. The study and any portions have not been delivered by WWH, Enterprises.” A true and correct copy of Defendant’s September 3, 2015 response is attached hereto as Exhibit “C”.

18.

On September 11, 2015, Plaintiff again requested, via hand delivery of a letter

request to Defendant, a variety of records from Defendant, which, among other categories of records requested, included the following: “Any document prepared by WHH Enterprises, Inc., and its representatives, employees, agents, affiliates, and subsidiaries, including without limitation, Mr. Bill Harrington

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(hereinafter ‘WHH’), at the request of the City, including without limitation any electric utilities feasibility study or appraisal, or other document relating to expansion of the City’s electric utilities system.”

“All documents and other materials used by WHH in preparing for and conducting any meetings with any representative, elected official, or employee of the City regarding review or discussion of any electric feasibility study prepared by WHH.” “All notes, summaries, outlines, or presentations relating to any electric feasibility study prepared by WHH.” A true and correct copy of Plaintiff’s September 11, 2015 public records request is attached hereto as Exhibit “D”. A similar letter was delivered by Plaintiff to Mr. Herrington, on behalf of WHH, on September 15, 2015. A true and correct copy of the September 15, 2015 letter is attached hereto as Exhibit “E”.

19.

In response, on September 21, 2015, Plaintiff received a letter from Defendant,

dated September 17, 2015, indicating that the City “will provide any available requested document, as defined by your letter, in a timely manner.”

A true and correct copy of

Defendant’s September 17, 2015 response is attached hereto as Exhibit “F”.

20.

Also on September 11, 2015, legal counsel for Plaintiff delivered a letter to the

City Attorney, Felix Adams, demanding that Defendant supply the records requested by Plaintiff in its August 31, 2015 public records request. A true and correct copy of Plaintiff’s legal counsel’s September 11, 2015 letter is attached hereto as Exhibit “G”. At the same time, legal counsel for Plaintiff also delivered a letter to Mr. Herrington on September 11, 2015, requesting a copy of the study as delivered to the City and as reported by Mr. Herrington to individual City Council members. A true and correct copy of Plaintiff’s legal counsel’s September 11, 2015 letter is attached hereto as Exhibit “H”.

21.

In response, the City Attorney, Mr. Adams, delivered a letter to Plaintiff’s legal

counsel, dated September 21, 2015, which reiterated the City’s position that “no City of Bushnell

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employee, nor any Councilmember, has received, examined, or reviewed any draft, summary, copy, or other document or material, regardless of format, whether digital, electronic, or otherwise, regarding the Electrical Feasibility Study. Nor has any employee of the City, nor any Councilmember, made any notes, whether personal or otherwise, regarding the Study. It is my understanding, however, that certain employees of the City and Councilmembers have had discussions with Mr. Herrington regarding his work. It is also my understanding that Mr. Herrington has not finished his report regarding the Electrical Feasibility Study.” A true and correct copy of the City Attorney’s September 21, 2015 response is attached hereto as Exhibit “I”.

22.

On September 23, 2015, the City Manager, Bruce Hickle, delivered an e-mail to

Mr. Brickhouse at SECO, offering to have Mr. Herrington meet with Mr. Brickhouse “to receive a briefing on the feasibility study prior to the workshop.

It would consist of the same

information presented to our Council members by Bill earlier.” A true and correct copy of Mr. Hickle’s September 23, 2015 e-mail is attached hereto as Exhibit “J”.

23.

In reply to Mr. Hickle’s September 23, 2015 e-mail, Mr. Brickhouse requested,

again, by 4:00p.m. on September 23, delivery of “a copy of all data, notes, drafts, research, or other information that Mr. Herrington referenced during his prior meetings with your Council members, whether those materials were in paper or computer file format.” A true and correct copy of Mr. Brickhouse’s September 23, 2015 e-mail is attached hereto with Exhibit “J”.

24.

All conditions precedent to this action have occurred or have been excused or

waived.

25.

Defendant, and Defendant’s consultant, WHH, have failed or refused to provide a

single document responsive to Plaintiff’s prior requests, despite the information having been

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previously shared with the City by its delegate, WHH, either by delivery of the report to the City, as Mr. Herrington described to SECO, or by presentation of information to City employees and Council members, as Defendant admits to have occurred.

26.

The impermissible withholding of records, paper, computer, and electronic, that

are otherwise required to be disclosed under the Florida Public Records Act constitutes, in and of itself, irreparable injury to the public. The injury is underscored by the City’s prior suggestion that it would make the feasibility study transparent to the public.

27.

Plaintiff has retained the undersigned attorneys and agreed to pay them a

reasonable fee for their services.

COUNT I- VIOLATION OF FLORIDA PUBLIC RECORDS ACT 28.

Plaintiff re-alleges and incorporates by reference the allegations stated in

paragraphs 1 through 27 above.

29.

This is an action for declaratory relief, compelled disclosure of public records by

a municipality, and injunctive relief, pursuant to Ch. 119, Florida Statutes.

30.

Defendant is a municipality, subject to the Florida Public Records Act, Ch. 119,

Florida Statutes, as well as Article I, Section 24 of the Florida Constitution.

31.

Defendant’s hired engineering consultant, WHH, is a person or business entity

acting on behalf of Defendant, as defined in Section 119.011(2), Fla. Stat. Moreover, Defendant has delegated an official City function, preparation of an electric system feasibility study, to WHH, and Defendant is utilizing public funds to pay for WHH’s services.

32.

Records, including reports, unfinished records, drafts, notes, or preliminary data,

in the possession of WHH, whether or not such materials have been delivered to the Defendant, are a public record, pursuant to Section 119.011(12), Fla. Stat., when such materials are

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“prepared in connection with official agency business which is intended to perpetuate, communicate, or formalize knowledge of some type.” Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980); Op. Fla. Atty. Gen. 2010-55.

33.

Defendant owes a duty to the public to provide access to its public records,

including reports, unfinished records, drafts, notes, or preliminary data in WHH’s physical possession, whether paper or computer file format. Art. I, Section 24(a), Florida Constitution; Fla. Stat. § 119.07(1)(a) 34.

Physical possession of the requested records by Defendant is not determinative of

the public records nature of the materials sought.

35.

Defendant has not provided the public records requested by Plaintiff, and has

therefore violated its legal duties under the Florida Constitution and Florida Statutes.

36.

Plaintiff has a clear legal right to access the public records of the Defendant.

37.

Defendant’s actions in repeatedly refusing to acknowledge its receipt or control of

public records from its consultant, WHH, demonstrates a pattern of noncompliance with the Florida Public Records Act and a likelihood of future continuing harm in the form of denial of access to public records to both Plaintiff and the public at large, such that injunctive relief is appropriate.

38.

Plaintiff has been irreparably injured. Because the Florida Public Records Act

exists, in part, to protect the public, violation of Section 119.07, Flat. Stat. constitutes an irreparable public injury. The public interest will be served by the granting of an injunction in furtherance of the Florida Public Records Act. There is no adequate remedy at law.

39.

There is a bona fide, actual, present and practical need for a declaration as to

Defendant’s violation of the Florida Public Records Act and the Florida Constitution.

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40.

This matter must be set for an immediate hearing, pursuant to Section 119.11,

Florida Statutes.

WHEREFORE, Plaintiff demands judgment in its favor and against Defendant, and ordering as follows: A. Set an immediate hearing pursuant to Section 119.11, Florida Statutes; B. Declare that the Defendant’s failure to provide Plaintiff with access to the requested public records was unconstitutional and unlawful under Article I, Section 24 of the Florida Constitution and Chapter 119, Florida Statutes; C. Order the Defendant to provide to Plaintiff a full and complete disclosure of all requested public records within 48 hours, pursuant to Section 119.11, Florida Statutes; D. Enjoin the Defendant from denying access to public records; E. Award Plaintiff its reasonable attorneys’ fees and costs, and expenses incurred in this action, as required by Section 119.12, Florida Statutes; F. Grant such further relief as this Court deems just and proper.

Respectfully submitted this 23rd day of September, 2015.

BROAD AND CASSEL Counsel for Plaintiff /s/ Mark M. Barber .

Mark M. Barber, P.A. Florida Bar No. 0573701 Email: mbarber@broadandcassel.com Email: lmadison@broadandcassel.com 100 North Tampa Street, Suite 3500 Tampa, Florida 33602 Telephone: (813) 225-3020 Facsimile: (813) 225-3039 4827-8870-8137, v. 1

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Exhibit A

MINUTES BUSHNELL CITY COUNCIL REGULAR MEETING 117 EAST JOE P. STRICKLAND, JR. AVENUE MARCH 2, 2015 6:00 P.M.

Meeting was called to order by Mayor Spaude followed by the invocation and pledge of allegiance. Mayor Spaude welcomed all present and explained the manner in which to be heard during the meeting.

ROLL CALL

PRESENT:

ALSO PRESENT:

Mayor Bil Spaude Vice Mayor Bill Durham, Jr Councilor Dale Swain Councilor Karen Davis Councilor Kay McCoy

Bruce Hickle, City Manager Felix Adams, City Attorney Kelly Marcoux, Assistant City Clerk LT. Breeden, Sumter Sheriff’s Office Denise Lee, Director of Zoning Mike Eastburn, Dir. Of Public Works Jody Young, Deputy Finance Director Ronda Cason, Utility Program Coordinator Kellie Mason, Customer Service/ Staff Assn’t

CONSENT AGENDA 1. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING HELD FEBRUARY 2, 2015.

2. APPROVAL OF THE FINANCIAL REPORTS. Motion made by Councilor Swain and seconded by Vice-Mayor Durham to approve the consent agenda. Motion carried.

CITIZEN’S FORUM Mayor Spaude read a statement addressing the negotiations with SECO and invited citizens that were City of Bushnell residents or business owners to speak.

Katherine Gloria with SECO addressed the Council and audience as a tax payer to the City of Bushnell. She said that most people were unaware of the negotiations between Bushnell and MARCH 2, 2015 – REGULAR MEETING MINUTES

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SECO. She said that the City of Bushnell has a franchise agreement and if we continued with the buyout it would be a loss of the franchise money. Ms. Gloria passed out a rebuttal letter and asked for it to be entered into the city's official records. She read the rebuttal letter giving SECO's opinion of the loss of service and increase in electric prices to the citizens if the City of Bushnell takes over the electric system. She stated that Bushnell is the only municipality that is under a buyout clause and that it was an outdated practice. She further stated that the employee’s of SECO work and live in the area. Ms. Gloria then asked Councilor Swain to make a motion to have the franchise agreement on the agenda at the April meeting.

Motion made by Councilor Swain to place the SECO franchise agreement on the agenda for the April meeting. Motion failed for a lack of a second.

Karen Jones from Parker Avenue, asked if when we put the proposal out for the feasibility study if we had put on a time limit on the time frame to get the study completed. Mr. Hickle answered that the study should be finished around July. Ms. Jones asked where we would get the funds to pay for the study. Mr. Hickle answered that it was budgeted in this year's budget out of cash reserves. Ms. Jones asked where the funds would come from to finance the buyout? Mr. Hickle stated that it would be from municipal bonds. He said that the feasibility study would look at where the funds would come from.

Bobbi Gjertsen of 6469 CR 601B said that she and her parents are in the area that would be affected by the buyout and that her parents would not be able to afford their medications and other stuff if their electric bill goes up. She thinks more people will suffer if we go through with this.

Rob Wallace of 322 Seminole Avenue said that he would like a copy of the 2010 feasibility study and also he would like to see our stats for safety and reliability.

Floyd Colf of 314 Grace Street said that he faults us for not letting the residents know about the buyout. Mayor Spaude responded that everything we had done was in a public format and that all citizens were invited to attend our meetings.

Paul Remis works in the City of Bushnell and said that these are tough times and people are struggling. He invited everyone to the Dade Battlefield State Park.

Sanqueneka of 113 Jasper Street said that she loves Bushnell and doesn’t know how it is going to be in the future. She asked if there was anything that the Council could tell her to make her want to be on the city's electric. Mayor Spaude responded that nothing definite has been decided and that if it was affordable we would move forward and if it wasn't we would not be doing it.

Mayor Spaude said that we are having a feasibility study done and as soon as we have the information we will tell the public what we find out. He invited her to come to the council meetings.

MARCH 2, 2015 – REGULAR MEETING MINUTES

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Ray Andrews 405 Hunt Street said he was very proud of Bushnell. He said that ever since he has lived here his electric bill has been $300.00 per month. Mayor Spaude asked if that was just his electric portion of the bill? Mayor Spaude pointed out that customers in the city have water, garbage pickup and electric on their bill. Mr. Andrews said that he couldn’t afford to live in Bushnell and that he would like to have a vote to sell the electric system.

John Valich, owner of Badcocks asked if all things would be considered in the costs along with operating and maintenance costs. Mr. Hickle responded that yes all things would be considered.

Gene Kawikaosky, Director of Finance of SECO asked if the wastewater utility was financed by general revenue bonds. Mr. Hickle responded that it was financed by RUS bonds. Mr. Kawikaosky asked how that was working out for us. Mr. Hickle responded that we have a positive cash flow in wastewater. Mr. Kawikaosky said that according to our audit we had a negative balance. Mr. Hickle stated that it was because of the paper depreciation.

Katherine Butter and Justin Stephens of 261 West Palm Avenue. Ms. Butter said that she had been with SECO and asked if the City have a pay as you go program. Mr. Stephens asked if they were going to have to pay another deposit on his electric bill if the City takes over? Mayor Spaude asked if they were City residents and Mr. Stephens responded no. Mayor Spaude responded that they weren't in the affected area. Mr. Spaude said that we did not force annexations and only if you annex would you be affected by the buyout.

Robert Doremus of Dogwood said that he has two properties, one in the City and one just outside the City limits . He said that his dad has a mobile home in Dogwood and his electric bill with the City is more than his with SECO. He said that he could not afford Bushnell electric.

George Horn, 201 West Palm Avenue said that he has never seen a City as messed up as Bushnell is because some houses are in the City and some are in the County and that he thinks that’s messed up. He said that if people didn’t like this then they should be at the meetings and voice their opinions.

Motion made by Vice-Mayor Durham and seconded by Councilor Davis to take a five minute recess. Motion carried.

The meeting was reconvened at 6:55 PM. NEW BUSINESS 1. SECOND AND FINAL READING OF ORDINANCE 2014-47, AMENDING THE LAND USE MAP FOR PROPERTY OWNED BY JAMES R. GROGAN FROM MHDR TO GC. Motion made by Vice-Mayor Durham and seconded by Councilor Swain to read Ordinance 2014-47 by title only. Motion carried.

MARCH 2, 2015 – REGULAR MEETING MINUTES

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Motion made by Vice-Mayor Durham and seconded by Councilor Swain to pass Ordinance 2014-47 on the second and final reading. Roll call vote: Councilor Swain, Yea; Councilor McCoy, Yea; Councilor Davis, Yea; Vice-Mayor Durham, Yea; Mayor Spaude, Yea; Motion carried 5/0.

2. SECOND AND FINAL READING OF ORDINANCE 2014-48, REZONING PROPERTY OWNED BY JAMES R. GROGAN FROM RMH TO C-2.

Motion made by Vice-Mayor Durham and seconded by Councilor McCoy to read Ordinance 2014-48 by title only. Motion carried.

Motion made by Vice-Mayor Durham and seconded by Councilor McCoy to pass Ordinance 2014-47 on the second and final reading. Roll call vote: Councilor Swain, Yea; Councilor McCoy, Yea; Councilor Davis, Yea; Vice-Mayor Durham, Yea; Mayor Spaude, Yea; Motion carried 5/0.

3. RESOLUTION 2015-01 SETTING ASIDE THE PROCEEDS FROM THE SALE OF 219 N. MARKET STREET TO BE USED FOR THE HWY 48 WIDENING PROJECT. Motion made by Vice-Mayor Durham and seconded by Councilor Swain to approve Resolution 2015-01. Discussion followed. Roll call vote: Councilor Swain, Nay; Councilor McCoy, Yea; Councilor Davis, Yea; Vice-Mayor Durham, Yea; Mayor Spaude, Yea; Motion Carried 4/1.

4. REQUEST FROM THE EVERGREEN CEMETERY BOARD. Public Works Director Mike Eastburn said that any new expenditures for the cemetery would need to be budgeted for next year and that he was already working on getting some bids.

Motion made by Vice-Mayor Durham and seconded by Councilor Davis to raise the rates of the cemetery plots to $400.00. Motion carried 5/0.

Motion made by Vice-Mayor Durham and seconded by Councilor Davis to increase the marker deposits to $125.00. Motion carried 5/0.

5. PROCLAMATION NAMING MARCH IRISH AMERICAN HERITAGE MONTH. Motion made by Vice-Mayor Durham and seconded by Councilor McCoy to name March Irish American Heritage month. Motion carried 5/0.

6. APPOINTMENT OF CHARTER REVIEW COMMITTEE. Vice-Mayor Bill Durham named Tracy Taylor Jr. as his representative to the Charter Review Committee. Councilor Karen Davis named Lois McLaughlin as her representative to the Charter Review Committee.

MARCH 2, 2015 – REGULAR MEETING MINUTES

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INFORMATION 1. LETTER FROM FDOT. 2. LETTER FROM CITY OF VERO BEACH. CITY MANAGER REPORT AND REQUEST ASSISTANT CITY CLERK REPORT AND REQUEST 1. REMINDER OF ETHICS TRAINING IN MOUNT DORA ON MARCH 13, 2015.

ASSISTANT CITY MANAGER ADMINISTRATIVE SERVICES – SUSAN NOELL 1. SCHEDULE FOR MOVIE-IN-THE-PARK. 2. UPDATE FOR CRAFTS ON THE CORNER. DEPARTMENT HEAD REPORT AND REQUEST SUMTER COUNTY SHERIFF'S DEPARTMENT - PAT BREEDEN DIRECTOR OF ZONING AND CODE COMPLIANCE, DENISE LEE VERBAL REPORT REGARDING THE CHICKENS ON PARKHILL. UTILITY PROGRAMS COORDINATOR - RONDA CASON DIRECTOR OF PUBLIC WORKS, MIKE EASTBURN CITY COUNCIL COMMENTS AND INFORMATION Vice-Mayor Durham said that the Mike Rosa Football Field naming went really well. He asked if the Pop Warner teams could do some of the concessions for the Movie-in-the-Park events during the football season.

Mayor Spaude asked about the Metal Industries connection. Ms. Lee responded that she had spoke with the contractor today and that a 911 address had been issued.

Saturday was opening day for Dixie Youth and the fields looked really good.

Danny Lovett 114 North Florida Street asked if we could turn off the wi-fi at the library during the night. Mayor Spaude said it the County owned the library, but we would request it.

CORRESPONDENCE 1. LETTER FROM BRIGHTHOUSE. 2. LETTER FROM SCARC. MARCH 2, 2015 – REGULAR MEETING MINUTES

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ADJOURN Motion made by Councilor McCoy and seconded by Vice-Mayor Durham to adjourn. Motion carried.

If any person decides to appeal any decision of the City Council, with respect to any matter considered at such meeting or hearing, he or she will need a record of such proceeding, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Fla. Stat. Sec. 286.0105

MARCH 2, 2015 – REGULAR MEETING MINUTES

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Exhibit B

Exhibit C

Exhibit D

September 11, 2015 VIA HAND DELIVERY City of Bushnell, Florida c/o Mr. Bruce Hickle, City Manager 117 E. Joe P. Strickland, Jr. Ave. Bushnell, Florida 33513

Re:

City of Bushnell, Florida c/o Ms. Christina Dixon, City Clerk 117 E. Joe P. Strickland, Jr. Ave. Bushnell, Florida 33513

Public Records Request to City of Bushnell, pursuant to Florida Statutes, Chapter 119

Dear Mr. Hickle and Ms. Dixon: Please consider this letter a request for copies of documents identified below pursuant to the Florida Public Records Act, Section 119.07, Florida Statutes. We will reimburse the City of Bushnell (the “City”) for the reasonable costs of any copying of requested documents.

For purposes of this request, the term “documents” is defined to mean: all written, graphic and audio or visually recorded matter of every kind and description, however produced or reproduced, whether draft or final, original or reproduction, paper or electronic, and in the actual or constructive possession, custody or control of the City and those person or business entities acting on behalf of the City, including, but not limited to: reports, studies, plans, plats, drawings, maps, graphs, charts, deeds, title policies, commitments or abstracts, writings, letters, correspondence, memoranda, emails, text messages, social media postings, phone records, data, computer database information, notes, pleadings, films, photographs, audio recordings (including voicemail recordings), transcripts, contracts, agreements, covenants, microfilm, microfiche, telegrams, books, magazines, advertisements, periodicals, bulletins, circular, pamphlets, notices, rules, regulations, directives, telecopy or teletype messages, communications, minutes or notices of meetings, interoffice communications, bills, financial statements, ledgers, books of account, proposals, prospectuses, offers, orders, receipts, working papers, desk calendars, appointment books, diaries, time sheets, logs, movies, tapes for visual and audio reproduction, recordings, or material similar to any of the foregoing however denominated. The term “documents” shall also include all copies of each document if the copies contain any additional matter or are not identical copies of the original.

Accordingly, please provide copies of the following: 1. Any document prepared by WHH Enterprises, Inc., and its representatives, employees, agents, affiliates, and subsidiaries, including without limitation, Mr. Bill Harrington,

(hereinafter “WHH”), at the request of the City, including without limitation any electric utilities feasibility study or appraisal, or other document relating to expansion of the City’s electric utilities system.

2. Any document provided by the City to WHH for consideration by WHH in preparing its electric feasibility study.

3. All correspondence, e-mails, texts and phone records between WHH and the City attorney(s), mayor, City manager, City council members and any employee or elected official of the City within the last two years.

4. All documents provided by the City to WHH in the last five years.

5. All documents reflecting or relating to the scheduling of any meeting with any representative, elected official, or employee of the City regarding review or discussion of an electric feasibility study prepared by WHH, as well as any notes, documents or presentation materials from such meeting.

6. All documents and other materials used by WHH in preparing for and conducting any meetings with any representative, elected official, or employee of the City regarding review or discussion of an electric feasibility study prepared by WHH. 7. Any portions of an electric feasibility study that any City representative, elected official or employee of the City has or has ever had in his or her possession, including drafts that were not kept, that were created by WHH. 8. All documents reflecting or relating to potential buyout options based on an electric feasibility study performed by WHH. 9. All documents associated with any upcoming City workshop regarding electric feasibility studies.

10. All invoicing and payment records associated with WHH and its work on behalf of the City.

11. All notes, summaries, outlines, or presentations relating to any electric feasibility study prepared by WHH. In the event the City chooses not to disclose any of these public records, we request that the City, pursuant to Section 119.07(1)(f), Fla. Stat., “state in writing and with particularity” any conclusion by the City that any public record described herein or any portion thereof is exempt from the disclosure requirements of Chapter 119, Fla. Stat. The statement shall include the exemption, which the City “contends is applicable to the record, including the statutory citation to an exemption created of afforded by statute” pursuant to Section 119.07(1)(e), Fla. Stat. If portions of a document are exempt from disclosure, Section 119.07(1)(d), Fla. Stat., requires that the City

“shall redact that portion of the record to which an exemption has been asserted and validly applies, and … shall produce the remainder of such record…”

Please let me know if you have any questions. Production of the requested public records may be effected by delivering the same to my attention, using the contact information above. E-mail delivery is preferred, where possible. Thank you for your immediate attention to this request.

Time is of the essence in responding to this request pursuant to Chapter 119, Fla. Stat.

Sincerely,

Kathryn Gloria, Vice President of Corporate Communications and Energy Services

Exhibit E

September 15, 2015 William Harrington WHH Enterprises 107 Island Drive Howey-in-the-Hills, FL 34737 RE: Public Records Request Dear Mr. Harrington: Please consider this letter a request for copies of documents identified below pursuant to the Florida Public Records Act, Section 119.07, Florida Statutes. We will reimburse you for the reasonable costs of any copying of requested documents.

For purposes of this request, the term “documents” is defined to mean: all written, graphic and audio or visually recorded matter of every kind and description, however produced or reproduced, whether draft or final, original or reproduction, paper or electronic, and in the actual or constructive possession, custody or control of your, your company’s representative or business entities acting on your behalf, including, but not limited to: reports, studies, plans, plats, drawings, maps, graphs, charts, deeds, title policies, commitments or abstracts, writings, letters, correspondence, memoranda, e-mails, text messages, social media postings, phone records, data, computer database information, notes, pleadings, films, photographs, audio recordings (including voicemail recordings), transcripts, contracts, agreements, covenants, microfilm, microfiche, telegrams, books, magazines, advertisements, periodicals, bulletins, circular, pamphlets, notices, rules, regulations, directives, telecopy or teletype messages, communications, minutes or notices of meetings, interoffice communications, bills, financial statements, ledgers, books of account, proposals, prospectuses, offers, orders, receipts, working papers, desk calendars, appointment books, diaries, time sheets, logs, movies, tapes for visual and audio reproduction, recordings, or material similar to any of the foregoing however denominated. The term “documents” shall also include all copies of each document if the copies contain any additional matter or are not identical copies of the original. Accordingly, please provide copies of the following: 1. Any document prepared by WHH Enterprises, Inc., and its representatives, employees, agents, affiliates, and subsidiaries, including without limitation, Mr. Bill Harrington, (hereinafter “WHH”), at the request of the City of Bushnell (hereinafter referred to as “the City”), including without limitation any electric utilities feasibility study or appraisal, or other document relating to expansion of the City’s electric utilities system.

2. Any document provided by the City to WHH for consideration by WHH in preparing its electric feasibility study.

3. All correspondence, e-mails, texts and phone records between WHH and the City attorney(s), mayor, City manager, City council members and any employee or elected official of the City within the last two years.

4. All documents provided by the City to WHH in the last five years.

5. All documents reflecting or relating to the scheduling of any meeting with any representative, elected official, or employee of the City regarding review or discussion of an electric feasibility study prepared by WHH, as well as any notes, documents or presentation materials from such meeting.

6. All documents and other materials used by WHH in preparing for and conducting any meetings with any representative, elected official, or employee of the City regarding review or discussion of an electric feasibility study prepared by WHH. 7. Any portions of an electric feasibility study that any City representative, elected official or employee of the City has or has ever had in his or her possession, including drafts that were not kept, that were created by WHH. 8. All documents reflecting or relating to potential buyout options based on an electric feasibility study performed by WHH. 9. All documents associated with any upcoming City workshop regarding electric feasibility studies.

10. All invoicing and payment records associated with WHH and its work on behalf of the City.

11. All notes, summaries, outlines, or presentations relating to any electric feasibility study prepared

by WHH for the City.

In the event you choose not to disclose any of these public records, we request that pursuant to Section 119.07(1)(f), Fla. Stat., you “state in writing and with particularity” any conclusion that any record described herein or any portion thereof is exempt from the disclosure requirements of Chapter 119, Fla. Stat. The statement shall include the exemption, which you contend is applicable to the record, including the statutory citation to an exemption created or afforded by statute pursuant to Section 119.07(1)(e), Fla. Stat. If portions of a document are exempt from disclosure, Section 119.07(1)(d), Fla. Stat., requires that the you “shall redact that portion of the record to which an exemption has been asserted and validly applies, and … shall produce the remainder of such record…”

Sincerely,

Kathryn Gloria, Vice President of Corporate Communications and Energy Services

Exhibit F

Administration Off ices Phone: (352) 793-2591 Fax: (352) 793-271 'l www.cityof bushnellll.com

1 17 E. Joe P. Strickland, Jr. Ave Post OIIice Box 1 15 Bushnell, FL 33513-01 15

CITY OF BUSHNTLL, FI.ORIDA "Committed to th,e guo,litg oJLiJe"

September 17, 2015 SECO Energy

Attn: Kathryn Gloria, Vice President of Corporate Communications and Energy Services P.O. Box 301 Sumterville, FL 33585-0301 RE: Public Records Requestto Cityof Bushnell dated September lL,ZOL', received byhand deliveryto the City on September 14, 2015 Dear Ms. Gloria: The City is in receipt of your extensive request for public records, pursuant to the Florida Public Statutes. The City hereby acknowledges this request and will provide any available requested document, as defined by your letter, in a timely manner.

Records Act, Section 119.07, Florida

I will review, research and retrieve any available document in items 1 through 11 of the request for information, and should be able to notify you as to any charges for the information no later than September 25'h, 2015.

lf you have any questions, you can reach me by calling Bushnell City Hall at 352-793-2591.

Sincerely,

Chat^*Oww Christina Dixon, City Clerk

cc: Bruce Hickle, City Manager Felix Adams, City Attorney

Exhibit G

ATTORNEYS AT LAW Corporate Center Three at International Plaza 4221 W. Boy Scout Boulevard I Suite 1000 Tampa, Florida 33607-5780 P.O. Box 3239 ~ Tampa, Florida 33601-3239 813.223.7000 ~ fax 813.229.4133 www.CFJBLaw.com

C~4RLT4N FIELDS JORDEN BURT

Atlanta Hartford Los Angeles Miami New York Orlando Tallahassee Tampa

James Michael Walis (813) 229-4257 Direct Dial mwalls@cfjbiaw.com

wa5n~~9to~, oc

SePtember 11 ~ 2015 Via Facsimile,. and US Mail

Felix M. Adams City Attorney, City of Bushnell 138 Bushnell Plaza, Ste. 201 Bushnell, FL 33513-6122 Re:

West Palm Beach

Electric Feasibility Study prepared by Mr. Bill Herrington for the City of Bushnell.

Mr. Adams: am writing this letter on behalf of my client, Sumter Electric Cooperative, Inc. ("SEGO"), and requesting that you provide SEGO a copy of the Electric Feasibility Study prepared by Mr. Bill Herrington of WHH Enterprises at the request of the City of Bushnell. SEGO previously sent a public records request to the City on August 31, 2015 requesting. a copy of this Study and received a response that the City did not have the Study.

As you may know, the City commissioned Mr. Herrington to prepare this Study for the City. SEGO was informed by Mr. Herrington that he provided the Study to the City and SEGO understands that the results of the Study were discussed with individual City Council members. As a result, the Electric Feasibility Study is a public record of the City and SEGO is entitled by law to receive a copy of it even if it is no longer physically in the possession of the City or its employees. See, e.g., Times Publishing Co. v. City of St. Petersburg, 558 So. 2d 487(Fla. 2d DCA 1990)(documents for lease negotiations prepared and maintained by third party that were reviewed by City agents or employees in the course of the City's business were public records that must be disclosed under the public records law); National Collegiate Athletic Association v. Associated Press, 18 So. 3d 1201 (Fla. 1St DCA 2009)(review of documents by state lawyers for public purpose made the documents public records under the state public records statute).

SEGO has a legal right to receive a copy of the Electric Feasibility Study, as a public record of the City, as it previously requested. request that the City immediately provide SEGO with a copy of the Electric Feasibility Study. Arrangements to provide SEGO with a copy of the Study and receive payment for any necessary copying charges can be made by calling Mr. Ben Brickhouse with SEGO. His contact information follows: Ben Brickhouse, VP of Page 1 of 2 Carlton Fields Jorden Burt practices law in California through Carlton Fields Jorden Burt, LLP

Engineering, Sumter Electric Cooperative, Inc., P.O. Box 301, Sumterville, FL 335850301. His e-mail address is ben.brickhouse@secoenergy.com.

If Mr. Brickhouse does not receive a response within finro business days of the date of this letter indicating that the City will comply with its obligations under the public records law to provide SECO with a copy of the Electric Feasibility Study, SECO will consider its rights under the law to file an action requesting a court order for a copy of the Study and the recovery of its court costs and fees as provided by law.

Thank you for your prompt attention to this request.

Sincerely,

~~~ ~ Ja~iies M'"hael Walls

cc:

Ben Brickhouse Bill Herrington

Page 2 of 2

Exhibit H

ATTORNEYS AT LAW Corporate Center Three at International Plaza 4221 W. Boy Scout Boulevard ~ Suite 1000 Tampa, Florida 33607-5780 P.O. Box 3239 ~ Tampa, Florida 33601-3239 813.223.7000 ~ fax 813.229.4133 www.CFJ BLaw.com

CARLTQN FIELQS __ JORDEN BURT

Atlanta Hartford Los Angeles Miami New York Orlando Tallahassee Tampa Washington, DC West Palm Beach

James Michael Walls (813) 229-4257 Direct Dial mwalls@cfjblaw.com

September 11, 2015 Bill Herrington WHH Enterprises, Inc. 107 Island Drive Howey-In-The-Hills, Florida 34737

Re:

Via Facsimile and US Mail

Electric Feasibility Study prepared for the City of Bushnell

Mr. Herrington: am writing this letter on behalf of my client, Sumter Electric Cooperative, Inc. ("SEGO"), and requesting that you provide SEGO a copy of the Electric Feasibility Study that you prepared at the request of the City of Bushnell. SEGO previously sent a public records request to the City on August 31, 2015 requesting a copy of this Study and received a response that the City did not have the Study. understand that you provided the Study to the City and I further understand that the results of the Study were discussed with individual City Council members. As a result, the Electric Feasibility Study is a public record of the City and SEGO is entitled by law to receive a copy of it even if it is no longer physically in the possession of the City or its employees, but instead is in your possession. See, e.g., Times Publishing Co. v. City of St. Petersburg, 558 So. 2d 487(Fla. 2d DCA 1990)(documents for lease negotiations prepared and maintained by third party that were reviewed by City agents or employees in the course of the City's business were public records that must be disclosed under the public records law); National Collegiate Athletic Association v.

Associated Press, 18 So. 3d 1201 (Fla. 1stDCA 2009)(review of documents by state lawyers for public purpose made the documents public records under the state public records statute). SEGO has a legal right to receive a copy.of the Electric Feasibility Study, as it previously requested, directly from you because it is a public record of the City. request that you immediately provide SEGO with a copy of the Electric Feasibility Study. A similar request has been made to the City, but if the City in fact does not have a copy of the Study, this request for this public record is directed to you.

Arrangements to provide SEGO with a copy of the Study and receive payment for any necessary copying charges can be made by calling Mr. Ben Brickhouse with SEGO. Page 1 of 2 Carlton Fields Jorden Burt practices law in California through Carlton Fields Jorden Burt, LLP

His contact information follows: Ben Brickhouse, VP of Engineering, Sumter Electric Cooperative, Inc., P.O. Box 301, Sumterville, FL 33585-0301. His e-mail address is ben.brickhouse@secoenergy.com.

If Mr. Brickhouse does not receive a response within two business days of the date of this letter indicating that the City or you will comply with its obligations under the public records law to provide SECO with a copy of the Electric Feasibility Study, SECO will consider its rights under the law to file an action requesting a court order for a copy of the Study and the recovery of its court costs and fees as provided by law.

Thank you for your prompt attention to this request.

Sinc

ly,

James Michael Walls

cc:

Ben Brickhouse

Page 2 of 2

Exhibit I

Exhibit J

From: Bruce Hickle <bhickle@cityofbushnellfl.com> Date: September 23, 2015 at 11:15:31 AM EDT To: Ben Brickhouse <ben.brickhouse@secoenergy.com> Subject: Re: Bushnell Feasibility Study I will ask Mr. Herrington to contact you on Monday to arrange a time and place for the meeting. In the interim, we will continue assembling the public records requested in accordance with Florida law.

Bruce Hickle, City Manager City of Bushnell P.O. Box 115 117 E. Joe P. Strickland Jr. Ave. Bushnell, FL 33513 Phone: (352) 793-2591 Fax: (352) 793-2711 ----- Original Message ----From: "Ben Brickhouse" <ben.brickhouse@secoenergy.com> To: "Bruce Hickle" <bhickle@cityofbushnellfl.com> Sent: Wednesday, September 23, 2015 10:35:47 AM Subject: RE: Bushnell Feasibility Study Mr. Hickle, Thank you for your email. I appreciate the opportunity to meet with Mr. Herrington next week. I am available anytime Monday morning for that meeting. I would appreciate you coordinating this meeting. Please let me know what time works best, as well as the location that works best for Mr. Herrington. Of course, he is welcome to meet me at my office here at SECO headquarters.

In the interim, please provide directly to me no later than 4:00p.m. today a copy of all data, notes, drafts, research, or other information that Mr. Herrington referenced during his prior meetings with your Council members, whether those materials were in paper or computer file format. It is my understanding that Mr. Herrington referred to files on his computer to present information during those meetings, so you can simply email those computer files to me at this email address. Those materials are public records under Florida law, and SECO has previously requested the same (among other materials requested) from the City. If Mr. Herrington presented information to your Council members from a draft of his report, then that draft report must be provided to us, as well, under Florida law.

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As the information was referenced by Mr. Herrington during his meetings with the elected officials, the information should be readily available. In fact, Mr. Herrington previously advised me that I should contact you about obtaining a copy of his report. Mr. Herrington never indicated to me that his report, or a draft of his report, was unavailable. At this point, and having been refused prior requests for this information, SECO must file suit to compel compliance with the public records laws. SECO will withhold that filing, to allow the information to be supplied to me no later than 4:00p.m. today.

Thanks, Ben Brickhouse VP of Engineering Ben.brickhouse@secoenergy.com 352.569.9550

-----Original Message----From: Bruce Hickle [mailto:bhickle@cityofbushnellfl.com] Sent: Wednesday, September 23, 2015 9:05 AM To: Brickhouse, Ben Subject: Bushnell Feasibility Study Ben I tried to reach you by phone this morning but was unable to get routed to your extension. The purpose of my call was to ask you if you are interested in meeting with Bill Herrington, one on one, next week to receive a briefing on the feasibility study prior to the workshop. It would consist of the same information presented to our Council members by Bill earlier. Bill is currently over seas but expects to return this coming Saturday. I do not have his report as yet as he was still working on it the last time I talked to him. Let me know. Have a good day. Bruce

Bruce Hickle, City Manager City of Bushnell P.O. Box 115 117 E. Joe P. Strickland Jr. Ave. Bushnell, FL 33513 Phone: (352) 793-2591 Fax: (352) 793-2711

2