City of Gainesville

Office of the City Attorney

Marion J. Radson.
City Attorney

Thomas B. Arden
Ronald D. Combs
Shayla L. McNeill"
Stephanie M. Marchman
Daniel M. Nee.
Nicolle M. Shalley
Elizabeth A. Waratuke.

.Board Certified City, County

& Local Government Law

November 8, 2011

Mr. Neil J. Gillespie

8092 SW IIS th Loop
Ocala, FL 34481
RE:

Public Records Request dated November 4,2011

Dear Mr. Gillespie:

This is in response to your Public Records request addressed to me, and dated November
4,2011.
The only written document reflecting the investigation of Mr. Bauer is the memo you
received a copy of in response to your prior request. I have verified with Sgt. Armagost that he
has no "investigative notes, records of interviews or discussions, etc." as you requested.
Therefore we have fully complied with your prior request.
It appears that the original letter you sent, received on November 24,2009, was, at that
time, treated and responded to as a public records request. Therefore, the letters from Claudia
Hendrix, dated December 14,2009 and December 21,2009, with attached records, were the full
responses sent. I have verified with the Chiefs office that no other response was sent at that
time.

If you had desired a response to the portion discussing methods for making a complaint
of criminal fraud, this was apparently not understood and was simply viewed as background
information pertaining to the request for public records contained in the last paragraph of that
letter.
Thank you for your clarification that the documents provided by you, contained on your
website, and previously sent to you need not be provided again.
As I am not the custodian of records for Sgt. Armagost's personnel file, that request will
be handled separately by Ms. Claudia Hendrix, the GPD Records Custodian. She will be
providing this response to you, and any further inquiries or communications regarding this
request should be directed to her.
P.O. Box 490, Sta 46
GainesVille, Florida 32627
200 East University Ave., Rm 425
Gainesville, Florida 32601

PHONE (352) 334-5011

FAX (352) 334-2229
City Hall and the City Attorney's Office
are closed on Fridays
Hours: M-Th, 7-6

*Utilities Legal Services

P.O. Box 147117, Sta. A-l38
Gainesville, Florida 32614
PHONE: (352) 393-1010
FAX: (352) 334-2277
Hours: M-F, 8-5

Mr. Gillespie
November 8, 2011
Page 2

There are no Standard Operating Procedures related specifically to investigation of cases

alleging exploitation of the elderly or disabled. Furthermore, in this case the initial inquiry was to
determine if the general parameters of the facts provided might constitute a violation of law, and
after confirming with the State Attorney's Office that they would not, no further investigation
(nor reference to any procedures governing same) was warranted.
There are no records of any sort addressing the issues of whether your tape recording of
telephone calls violates Florida law, other than the brief mention contained in Sgt. Armagost's
memo. Furthermore, this office has not been requested to provide, and has not provided, any
opinions in this regard.
Attached please find copies of e-mails concerning you or your communications.
The only additional documents contained in my file on your case, other than those
previously provided, are the attached two handwritten notes from the Chief, which were
answered in verbal meetings with him prior to the issuance of his letter to you dated October 20,
2011.
Finally, to dispel an apparent misunderstanding, while Sgt. Armagost's memo did, indeed
reference your letter dated November 23, 2009, as it was the earliest date in the file of
backgrollnd docllmentation provided to him, his investigation actually went to documents and
incidents predating that letter, all the way up to and including your letter dated August 31, 2011.
Thus, it does not indicate that Sgt. Armagost investigated the "wrong" complaint, but rather that
he investigated the entire complaint, from beginning to end, and then reviewed same with the
State Attorney.
Furthermore, it is my understanding that Sgt. Armagost and any other personnel involved
in this matter were unaware, until your mention of it, that Mr. Bauer and/or his spouse may have
been affiliated with Gainesville Fire Rescue. Even if they had known, this would not, in any way,
affect the investigation in the manner you express concerns about.
Very truly yours,

~==--. ~ /?Jz,
THOMAS B. ARDEN,

Police Legal Advisor/Assistant City Attorney II

TBA:sw

Cc:

Chief Tony Jones, GPD

Claudia Hendrix, Records Custodian, GPD

Sgt. Greg Armagost, GPO

City of Gainesville
Office of the City Attorney
Marion J. Radson.
City Attorney

Thomas B. Arden
Ronald D. Combs
Shayla L. McNeill'
Stephanie M. Marchman
Daniel M. Nee.
Nicolle M. Shalley
Elizabeth A. Waratuke.

.Board Certified City, County

& Local Government Law

November 15,2011

Mr. Neil J. Gillespie

8092 SW 115 th Loop
Ocala, FL 34481
RE:

Your Public Records Request to Gainesville Police Department

Dear Mr. Gillespie:

This letter is in response to your letter dated November 11, 2011, addressed to me. On review of
your letter, we have concluded there are no legal questions or issues warranting further response
by this office.
Your remaining public records request, related to Sgt. Armagost's personnel file, will be handled
by Claudia Hendrix, Records Custodian for the Gainesville Police Department.
Very truly yours,

Thomas B. Arden,
Assistant City Attorney III
Police Legal Advisor
TBA:sw
cc:

Police Chief Tony Jones

Lt. Halvosa, CID
Sgt. Armagost, CID
Claudia Hendrix, Records Custodian

P.O. Box 490, Sta 46

Gainesville, Florida 32627
200 East University Ave., Rm 425
Gainesville, Florida 32601

PHONE (352) 334-5011

FAX (352) 334-2229

City Hall and the City Attorney's Office
are closed on Fridays
Hours: M-Th, 7-6

*Utilities Legal services

P.O. Box 147117, Sta. A-138
Gainesville, Florida 32614
PHONE: (352) 393-1010
FAX: (352) 334-2277
Hours: M-F, 8-5

,-

m ...............

c:}...->~~

CITY OF GAINESVILLE

II

z~~.==",.j ---
......-...
02 1M
$ 00.44

:>

Office of the City Attorney

..

200 E. University Avenue

Room 425
Gainesville, FL 32601

0004281298
NOV152011
MAILED FROM ZIP CODE 32601

Mr. Neil J. Gillespie

th
8092 SW IlS Loop
Ocala, FL 34481

3448 i $:356-;::

PllN[Y 8()'I,NS

11//1"/,,i,ll1/1" i"l/lI"li Ill, if ,Ii"i11 ,iii i'l/,i,li"i,l

November 4, 2011
VIA Email ardentb@citvofgainesville.org
USPS First Class Mail
Thomas B. Arden, City Attorney
City of Gainesville, City Attorney's Office
PO Box 490 Station 46
Gainesville, Florida 32602-0490
RE: Public Records Request, Neil Gillespie to Gainesville Police Department (GPD)
Dear Mr. Arden:
It appears the Gainesville Police Department (GPD) has not properly responded to my records
request of October 24, 2011, copy attached. This is my attempt to resolve the noncompliance. I
am also concerned with a false accusation made by Sgt. Greg Armagost against me in an undated
memo that states "Mr. Gillespie records his phone calls in violation ofFSS". The memo
provided me by Ms. Hendrix appears incomplete due to poor scanning or copying.
My records request clearly requests "copies of all records in this investigation of Mr. Bauer".
'This investigation' refers to Chief Jones' letter of October 20,2011. The records sought are
investigative records of the GPD that show how the investigation was conducted.
Public records are defined by 119.011 (12) as all documents, papers, letters, maps, books, tapes,
photographs, films, sound recordings, data processing software, or other material, regardless of
the physical form, characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of official business by any agency.
In a letter dated November 23, 2009 I made a complaint to Chief Jones/GPD about Mr. Bauer
but have no record of a response from either him or the GPD. Ms. Hendrix responded December
14,2009 to a records request, and again December 21,2009, but her response is limited to
records, and not my complaint. If Chief Jones and/or the GPD responded to my complaint in
2009, kindly forward me a copy of the response. Otherwise I will take that to mean that my 2009
complaint was ignored by the GPD.
Ms. Hendrix provided me by email November 3,2011 three pages of records purportedly in
response to my records request of October 24, 2011. This response appears insufficient. You
were copied "cc" on the email of Ms. Hendrix and already have her responsive records.
Ms. Hendrix referred me in her email to documents in my possession and my website. This is not
responsive to my request for investigative records of the GPD that show how the investigation
was conducted. This would include investigative notes, records of interviews or discussions, etc.

Thomas B. Arden, City Attorney

City of Gainesville, City Attorney's Office

Page - 2
November 4, 2011

For the purpose of clarification, I am not seeking records found on my website. Nor am I seeking
records of communication that I sent to the GPO, or the response of Chief Jones of October 20,
2011. I already have those records. I am seeking records not in my possession.
Also to clarify, I am not seeking copies of communication with Ms. Hendrix from 2009. I
already have those records. I am seeking records not in my possession, including any substantive
response to my November 23, 2009 letter to Chief Jones/GPD.
All calls on home office business telephone extension (352) 854-7807 are recorded for quality
assurance purposes pursuant to the business use exemption of Florida Statutes chapter 934,
section 934.02(4)(a)(I) and the holding of Royal Health Care Servs., Inc. v. Jefferson-Pilot Life
Ins. Co., 924 F.2d 215 (11th Cir. 1991). Sgt. Armagost's assertion, contained in an undated GPD
Inter-Office Communication that "Mr. Gillespie records his phone calls in violation of FSS", is
false. Someone from the GPO placed an unsolicited call to (352) 854-7807 on October 12, 2011.
The male caller provided his name, but the name was unintelligible. Sounds like that may have
been Sgt. Armagost. A voice recording immediately infqrmed the caller that "This call is being
recorded for quality assurance purposes." When the caller objected to being recorded I asked
him to respond in writing and the call ended.
The Reporters Committee For Freedom of the Press provided the Royal Health Care case law on
telephone recording. From there a Florida attorney researched the issue for me and concluded
that my telephone recording practice is lawful.
Another thing about Sgt. Armagost's undated GPD Inter-Office Communication to Chief Jones,
it mentions in paragraph one an investigation of"...an alleged criminal complaint Mr. Gillespie
filed with your office November 23, 2009". From this sentence it appears Sgt. Armagost may
have investigated the wrong complaint. Yes, there was a complaint made November 23, 2009,
for which I do not have a response from GPD. But the most current complaint was made to Chief
Jones/GPD by letter dated August 31, 2011, so it is unclear why Sgt. Armagost did not mention
that request for investigation of Bauer under chapter 825, Fla. Stat. and other appropriate law.
As to Sgt. Armagost's accusation that I record my phone calls in violation ofFSS, kindly
provide any records that mention that, including any opinion issued by your office. In order to
determine Sgt. Armagost's education, background and training, this is a records request for his
personnel file. I question his qualifications to nlake that accusation, as well as his qualifications
to investigate a fairly complex complaint under chapter 825 Fla. Stat. and the fraud statutes
against an attorney. This is also a request for the GPD Standard Operating Procedures (SOP) for
investigating the kind of allegations I made against Mr. Bauer.
In addition, this is a request to you, Mr. Arden, and your office, the Gainesville City Attorney's
Office, for records that mention me. Email dated October 27, 2011 from Lt. Halvosa to Ms.
Hendrix, "cc" to you and others, states "Also, Tom Arden has knowledge of Mr. Gillespie as
well as our review of the allegation." Again, I am seeking records not in my possession. I am not
seeking records found on my website. Nor am I seeking records of communication that I sent to
the GPD, or the response of Chief Jones of October 20, 2011. I already have those records. Also,

Thomas B. Arden, City Attorney

City of Gainesville, City Attorney's Office

Page - 3
November 4, 2011

I am not seeking copies of my communication with Ms. Hendrix from 2009. I already have those
records too.
In conclusion, I am well aware that prior to becoming a lawyer Mr. Bauer was employed by the
Gainesville Fire Rescue Department (GFR). His wife Toya Bauer also worked for GFR, and may
still be so employed. It is also common knowledge that the police and fire rescue personnel are
protective of each other, may conceal wrongdoing by their comrades, or thwart investigations
thereof. It appears the relationship between the GPD and GFR may have prejudiced the
investigation of Mr. Bauer. Thank you.

cc: Chief Jones (via email to jonestr@cityofgainesville.org)

Enclosures

VIA US CERTIFIED MAIL, RRR

Article No. 7010 1670 0001 9008 0536
October 24, 2011
Chief Tony Jones
Gainesville Police Department
413 NW 8th Ave.
Gainesville, FL 32601
RE: Request for criminal prosecution of attorney Robert W. Bauer

2815 NW 13 th Street, Suite 200E, Gainesville, FL 32609-2865

Dear Chief Jones:

Thank you for your letter of October 20, 2011 informing me that the criminal investigation of
Mr. Bauer is closed, and the investigator's conclusion was that there was no evidence to support a
conclusion that Mr. Bauer committed any criminal actions. A copy of your letter is enclosed.
Kindly provide me copies of all records in this investigation of Mr. Bauer. This is a public
records request made under chapter 119 et seq., Florida Statutes, or any other controlling or
applicable legal authority.
Public records are defmed by 119.011(12) as all documents, papers, letters, maps, books, tapes,
photographs, films, sound recordings, data processing software, or other material, regardless of
the physical form, characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of official business by any agency_
Time is of the essence. This information is needed ASAP for a petition due November 7, 2011 in
the Florida Supreme Court, case no. SCI 1-1622.
Please contact me if you have any questions.
Sincerely,

,~,

Si Ie

8092 S 115th Loop

Ocala, Florida 34481
Telephone: (352) 854-7807
Enclosure

Gainesville Police Department

PO Box 1250
Gainesville, FL 32602-1250
352.334.2400
www.gainesvillepd.org

October 20,2011

Mr. Neil J. Gillespie

8092 SW 115 th Loop
Ocala, FL 34481
Dear Mr. Gillespie:
This letter is in response. to your letter received September 6, 2011 and your follow-up letter
i'tj~t.:i"Y~d October 17, 2011 requesting criminal prosecution of attorney Robert W. Bauer for
alleged violations of. Chapter 825, Florida Statutes, pertaining to alleged. exploitation of
handicapped and/or elderly persons.
As the State Attorney, Mr. Cervone had pointed out to you in his letter dated May 6, 2011 the
Gainesville Police Department has jnvestigatory jurisdiction over some or all of the reported
occurrences. Therefore, based upon your letter, an investigation was commenced by our
Investigations Bureau. The delay in response to your initial letter arose from the need to permit
this inv.estiga,tion to be conducted and concluded.
'..

..'"'

"'.

..

\:.

11ll~ if~vesti~ation was

conducted by an experienced sergeant, with a strong investigative

background. After review of voluminous documentation, Including that which you submitted,
and all available information, the investigator's conclusion was that there was no evidence to
support a conclusion that Mr. Bauer committed any criminal actions. The investigating sergeant
then reviewed his investigative results and conclusions with both his supervisor, the lieutenant in
charge of the Investigative Bureau, and with the State Attorney's Office, both of whom
concurred with these conclusions. The investigator and reviewers of the investigator's conclusion
were aware of and considered the positions you expressed conl~erning your own beliefs that Mr.
Bauer's actions were criminal in nature.
Under the circumstances, we must consider this investigation closed.
Under other
circumstances, I wOJ,lld suggest you determine whether bar grievance procedures, which can
address conduct short of criminal conduct, would be appropriate, but it appears you have already
requested such a bar investigation, which resulted in a finding by the Florida Bar of no probable
cause.

The City of Gainesville will set the standar~ of exce(len'c:e f~r a top ten m!d-size~ American citY-"
recognized nationally as an innovative prOVIder ofhlgh-qualifYt cost-effectIVe servIces.

OUR VISION: