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FOR IMMEDIATE RELEASE:
10-19-2016 PINELLAS COUNTY FLORIDA: Pinellas County Sheriff Robert Gualtieri Sued for Hiding Incriminating Records From Opposing Candidate
On October 20, 2016, Pinellas County Sheriff’s Candidate James McLynas filed a lawsuit against current Sheriff Robert Gualtieri and the Pinellas County Sheriff’s Office (PCSO) in Sixth District Court for intentionally refusing to provide public records to McLynas in violation of Florida open records laws and the Florida Constitution.
The suit enumerates several allegations and was filed by prominent attorney Jerry Theophilopoulo (also known as Jerry “T”). Those factual allegations include;
a. That the PCSO and Sheriff Gualtieri targeted McLynas for retribution after McLynas filed multiple legitimate complaints against PCSO deputies,
b. That Sheriff Gualtieri and the PCSO also had McLynas falsely arrested on multiple bogus charges to silence McLynas shortly after McLynas threatened to run for Sheriff in 2013 to expose Gualtieri’s corruption,
c. That in order to hide the specific records that evidenced Gualtieri’s personal involvement in the false arrest of McLynas, Sheriff Gualtieri and the PCSO implemented new and unique public records policies ONLY for McLynas to prevent him from obtaining those records he requested that incriminate Gualtieri,
d. That the PCSO literally posted a “WANTED” type poster with McLynas’ confidential driver’s license records (a crime) barring McLynas (and only McLynas) from being able to access the PCSO record’s department in clear violation of Florida Statute Title X, Chapter 119 and the Florida Constitution.
e. That PCSO and their lawyers lied to McLynas in writing that “no records existed” when McLynas asked for specific records regarding PCSO’s illegal Stingray cellphone surveillance used on McLynas, when the records did in fact exist and were created by PCSO during the illegal Stingray surveillance.
f. That Sheriff Gualtieri and the PCSO would try and charge McLynas a “transparency tax” by lumping multiple separate records requests together and then intentionally overcharging McLynas sometimes thousands of dollars and not allowing McLynas to see ANY of the records he individually requested unless he paid for ALL of them.
g. That PCSO also made up huge bills for fees for multiple records requests without providing McLynas with the “one free hour” of records processing time per request that everyone else is provided.
h. That under the direction of Gualtieri, many of McLynas’ records requests were literally ignored and not properly responded to as is required under Title X, Chapter 119 records laws. These records have still not been provided sometimes years later.
i. The suit also alleges that Gualtieri and the PCSO refused to provide these records to prevent McLynas from using the damaging documents in the upcoming Sheriff’s election where McLynas and Gaultieri are the only two candidates.
Included with the lawsuit are over 50 pages of exhibits and documents proving the allegations, including numerous emails from the Sheriff’s department literally saying and doing the things they are accused of right in the emails and exhibits.
Under Title X, Chapter 119.10, Sheriff Gualtieri can also be charged with criminal penalties, suspended and removed or impeached if it is determined that he knowingly violated these laws while withholding the public records from Candidate McLynas. There is also a $500 per occurrence fine which would add up to well over $100,000 in this case.
However, there are larger issues here that should concern ALL citizens of Pinellas County and even the State of Florida. Did a Sheriff retaliate against an innocent man as retaliation for reporting deputy misconduct? Did Sheriff Gualtieri then have McLynas falsely arrested after McLynas pushed back threatening to run for Sheriff to expose Gualtieri? Is this a documented case of an incumbent Sheriff having his opposing candidate falsely arrested to
FOR IMMEDIATE RELEASE:
10-19-2016 PINELLAS COUNTY FLORIDA: Pinellas County Sheriff Robert Gualtieri Sued for Hiding Incriminating Records From Opposing Candidate
On October 20, 2016, Pinellas County Sheriff’s Candidate James McLynas filed a lawsuit against current Sheriff Robert Gualtieri and the Pinellas County Sheriff’s Office (PCSO) in Sixth District Court for intentionally refusing to provide public records to McLynas in violation of Florida open records laws and the Florida Constitution.
The suit enumerates several allegations and was filed by prominent attorney Jerry Theophilopoulo (also known as Jerry “T”). Those factual allegations include;
a. That the PCSO and Sheriff Gualtieri targeted McLynas for retribution after McLynas filed multiple legitimate complaints against PCSO deputies,
b. That Sheriff Gualtieri and the PCSO also had McLynas falsely arrested on multiple bogus charges to silence McLynas shortly after McLynas threatened to run for Sheriff in 2013 to expose Gualtieri’s corruption,
c. That in order to hide the specific records that evidenced Gualtieri’s personal involvement in the false arrest of McLynas, Sheriff Gualtieri and the PCSO implemented new and unique public records policies ONLY for McLynas to prevent him from obtaining those records he requested that incriminate Gualtieri,
d. That the PCSO literally posted a “WANTED” type poster with McLynas’ confidential driver’s license records (a crime) barring McLynas (and only McLynas) from being able to access the PCSO record’s department in clear violation of Florida Statute Title X, Chapter 119 and the Florida Constitution.
e. That PCSO and their lawyers lied to McLynas in writing that “no records existed” when McLynas asked for specific records regarding PCSO’s illegal Stingray cellphone surveillance used on McLynas, when the records did in fact exist and were created by PCSO during the illegal Stingray surveillance.
f. That Sheriff Gualtieri and the PCSO would try and charge McLynas a “transparency tax” by lumping multiple separate records requests together and then intentionally overcharging McLynas sometimes thousands of dollars and not allowing McLynas to see ANY of the records he individually requested unless he paid for ALL of them.
g. That PCSO also made up huge bills for fees for multiple records requests without providing McLynas with the “one free hour” of records processing time per request that everyone else is provided.
h. That under the direction of Gualtieri, many of McLynas’ records requests were literally ignored and not properly responded to as is required under Title X, Chapter 119 records laws. These records have still not been provided sometimes years later.
i. The suit also alleges that Gualtieri and the PCSO refused to provide these records to prevent McLynas from using the damaging documents in the upcoming Sheriff’s election where McLynas and Gaultieri are the only two candidates.
Included with the lawsuit are over 50 pages of exhibits and documents proving the allegations, including numerous emails from the Sheriff’s department literally saying and doing the things they are accused of right in the emails and exhibits.
Under Title X, Chapter 119.10, Sheriff Gualtieri can also be charged with criminal penalties, suspended and removed or impeached if it is determined that he knowingly violated these laws while withholding the public records from Candidate McLynas. There is also a $500 per occurrence fine which would add up to well over $100,000 in this case.
However, there are larger issues here that should concern ALL citizens of Pinellas County and even the State of Florida. Did a Sheriff retaliate against an innocent man as retaliation for reporting deputy misconduct? Did Sheriff Gualtieri then have McLynas falsely arrested after McLynas pushed back threatening to run for Sheriff to expose Gualtieri? Is this a documented case of an incumbent Sheriff having his opposing candidate falsely arrested to
FOR IMMEDIATE RELEASE:
10-19-2016 PINELLAS COUNTY FLORIDA: Pinellas County Sheriff Robert Gualtieri Sued for Hiding Incriminating Records From Opposing Candidate
On October 20, 2016, Pinellas County Sheriff’s Candidate James McLynas filed a lawsuit against current Sheriff Robert Gualtieri and the Pinellas County Sheriff’s Office (PCSO) in Sixth District Court for intentionally refusing to provide public records to McLynas in violation of Florida open records laws and the Florida Constitution.
The suit enumerates several allegations and was filed by prominent attorney Jerry Theophilopoulo (also known as Jerry “T”). Those factual allegations include;
a. That the PCSO and Sheriff Gualtieri targeted McLynas for retribution after McLynas filed multiple legitimate complaints against PCSO deputies,
b. That Sheriff Gualtieri and the PCSO also had McLynas falsely arrested on multiple bogus charges to silence McLynas shortly after McLynas threatened to run for Sheriff in 2013 to expose Gualtieri’s corruption,
c. That in order to hide the specific records that evidenced Gualtieri’s personal involvement in the false arrest of McLynas, Sheriff Gualtieri and the PCSO implemented new and unique public records policies ONLY for McLynas to prevent him from obtaining those records he requested that incriminate Gualtieri,
d. That the PCSO literally posted a “WANTED” type poster with McLynas’ confidential driver’s license records (a crime) barring McLynas (and only McLynas) from being able to access the PCSO record’s department in clear violation of Florida Statute Title X, Chapter 119 and the Florida Constitution.
e. That PCSO and their lawyers lied to McLynas in writing that “no records existed” when McLynas asked for specific records regarding PCSO’s illegal Stingray cellphone surveillance used on McLynas, when the records did in fact exist and were created by PCSO during the illegal Stingray surveillance.
f. That Sheriff Gualtieri and the PCSO would try and charge McLynas a “transparency tax” by lumping multiple separate records requests together and then intentionally overcharging McLynas sometimes thousands of dollars and not allowing McLynas to see ANY of the records he individually requested unless he paid for ALL of them.
g. That PCSO also made up huge bills for fees for multiple records requests without providing McLynas with the “one free hour” of records processing time per request that everyone else is provided.
h. That under the direction of Gualtieri, many of McLynas’ records requests were literally ignored and not properly responded to as is required under Title X, Chapter 119 records laws. These records have still not been provided sometimes years later.
i. The suit also alleges that Gualtieri and the PCSO refused to provide these records to prevent McLynas from using the damaging documents in the upcoming Sheriff’s election where McLynas and Gaultieri are the only two candidates.
Included with the lawsuit are over 50 pages of exhibits and documents proving the allegations, including numerous emails from the Sheriff’s department literally saying and doing the things they are accused of right in the emails and exhibits.
Under Title X, Chapter 119.10, Sheriff Gualtieri can also be charged with criminal penalties, suspended and removed or impeached if it is determined that he knowingly violated these laws while withholding the public records from Candidate McLynas. There is also a $500 per occurrence fine which would add up to well over $100,000 in this case.
However, there are larger issues here that should concern ALL citizens of Pinellas County and even the State of Florida. Did a Sheriff retaliate against an innocent man as retaliation for reporting deputy misconduct? Did Sheriff Gualtieri then have McLynas falsely arrested after McLynas pushed back threatening to run for Sheriff to expose Gualtieri? Is this a documented case of an incumbent Sheriff having his opposing candidate falsely arrested to
This e-mail is to acknowledge receipt of your public records request dated
February 24, 2014. In accordance with Ch. 119 FS, we are in the process of
researching your request.
Thank you,
Sincerely,
Tammy T. Driver, Clerk V
Public Records Processing Unit
From: J Mclynn [mailto:karquy12@ yahoo.com
Sent: Monday, February 24, 2014 11:00 PM
‘To: Weschler, Tara; Driver, Tammy; Taaffe,Mollie
Subject: Fw: Records Request PCSO-02241400036
On Monday, February 24, 2014 11:54 PM, J Melynn wrote:
At this time | am requesting under Title X, Chapter 119 and the Florida
Constitution the following documents;
1. Any and all emails or communications of any type or form from or to
Robert Gualtieri that mention James McLynas or any case McLynas is or
has been involved with from June 1, 2013 through June 31, 2013.
James McLynasFiling # 47873591 E-Filed 10/20/2016 12:40:17 PM
Subject: Fw: Records Request PCSO-02241400034 iets
From: J Mclynn (karguy!2@yahoo.com) geri?
Te: —_prozelle@pesonet.com;
Date: Wednesday, November 4, 2015 6:40 PM
Mr, Rozelle,
Can you please explain why this public records request submitted by me on 2-25-2014 and followed up
by me again on 12-16-2014 still has not been complied with in accordance with Title X, Chapter 119
after more than 18 months?
James McLynas
(On Tuesday, December 16, 2014 8:05 PM, J Molynn wrote:
‘Ms. Driver,
Could you please explain why this document request has not been responded to in obvious violation of
Florida Statute Title X, Chapter 119 and the Florida constitution and who specifically is responsible for
your 's failure and or refusal to respond to my written request? It scems that there is a clear
pattern of the PCSO to deliberately and intentionally ignore specific written document requests in direct
violation of Florida Law. Title X, Chapter 119 also provides the penalty of termination of employment
for anyone who fails or refuses to comply with public document requests. I am now asking you who
specifically is responsible for the Pinellas County Sheriff Offices repeated failure and refusal to comply
with Florida statutes in regard to my request.
James Mclynas
(On Tuesday, February 25, 2014 2:49 PM, “Driver, Tammy” wrote:
Dear Mr. McLynas:
This e-mail is to acknowledge receipt of your public records request dated
February 24, 2014. In accordance with Ch. 119 FS, we are in the process of researching your
request.
Thank you,
Sincerely,
EXHIBIT M‘Tammy T. Driver, Clerk V
Public Records Processing Unit
From: J Mdynn { 1
Sent: Monday, February 24, 2014 10:51 PM.
‘To: Weschler, Tara; Driver, Tammy; Taaffe, Moitie
‘Subject: Records Request PCSO-02241400034
At this time | am requesting under Title X, Chapter 119 and the Florida
Constitution the following documents;
1. Any and all emails or communications of any type or form from or to Robert
Gualtieri that mention James McLynas or any case McLynas is or has been
involved with from July 1, 2013 through July 31, 2013.
James McLynasFiling # 47873591 E-Filed 10/20/2016 12:40:17 PM
‘Subject: Fw: Records Request PCSO-02241400033
From: J Mclynn (karguy!2@yahoo.com) Bel eis) 22°
To: —_prozele@pcsonet.com;
Date: Wednesday, November 4, 2015 6:39 PM
Mr. Rozelle,
‘Can you please explain why this public records request submitted by me on 2-25-2014 and followed up
by me again on 12-16-2014 still has not been complied with in accordance with Title X, Chapter-119
after more than 18 months?
James McLynas
(On Tuesday, December 16, 2014 9:04 PM, J Mclynn wrote:
Ms. Driver,
Could you please explain why this document request has not been responded to in obvious violation of
Florida Statute Title X, Chapter 119 and the Florida constitution and who specifically is responsible for
your department's
patiom of the PCSO to deliberately and intentionally ignore specific written document request indirect
violation of Florida Law. Title, Chaptar 119 also provides the peaslty of termination of employment
for anyone who fails or refuses to comply with public document requests. I am now asking you who
specifically is responsible for the Pinellas County Sheriff Offices repeated failure and refusal to comply
with Florida statutes in regard to my request.
James McLynas
On Tuesday, February 25, 2014 2:42 PM, "Driver, Tammy” wrote:
Dear Mr. McLynas:
This e-mail is to acknowledge receipt of your public records request dated
February 24, 2014. In accordance with Ch. 119 FS, we are in the process of researching your
request.
Thank you,
Sincerely,
sbouttlenc EXHIBIT N ie‘Tammy T. Driver, Clerk V
Public Records Processing Unit
From: J Malynn [ 1
‘Sent: Monday, February 24, 2014 10:49 PM
To: Weschler, fara; Driver, Tammy; Taaffe, Mollie
Subject: Records Request PCSO-02241400033
At this time | am requesting under Title X, Chapter 119 and the Florida
Constitution the following documents;
4. Any and all emails or communications of any type or form from or to Robert
Guattieri that mention James McLynas or any case McLynas is or has been
involved with from August 1, 2013 through August 30, 2013.
James McLynasFiling # 47873591 E-Filed 10/20/2016 12:40:17 PM
Subject: Fw: Records Request PCSO-02241400032
From: J Mclynn (karguy!2@yahoo.com) Pat ied
To: prozelle@posonet.com; 1O- I+ s
Date: Wednesday, November 4, 2015 6:38 PM
Mr. Rozelle,
Can you please explain why this public records request submitted by me on 2-25-2014 and followed up
by me again on 12-16-2014 still has not been complied with in accordance with Title X, Chapter 119
after more than 18 months?
James McLynas
(On Tuesday, Decomber 16, 2014 9:03 PM, J Mclynn wrote:
Ms. Driver,
Could you please explain why this document request has not been responded to in obvious violation of
Florida Statute Title X, Chapter 119 and the Florida constitution and who specifically is responsible for
your department's failure and or refusal to respond to my written request? It seems that there is a clear
pattem of the PCSO to deliberately and intentionally ignore specific written document requests in direct
Violation of Florida Law. Tile X, Chapter 119 also provides the penalty of termination of employment
for anyone who fails or refuses to comply with public document requests. I am now asking you who
specifically is responsible for the Pinellas County Sheriff Offices repeated failure and refusal to comply
with Florida statutes in regard to my request.
James MeLynas
On Tuesday, February 25, 2014 2:34 PM, "Driver, Tammy" wrote:
Dear Mr. McLynas:
This e-mail is to acknowledge receipt of your public records réquest dated
February 24, 2014. In accordance with Ch, 119 FS, we are in the process of researching your
request.
Thank you,
Sincerely,
ao 7 aTammy T. Driver, Clerk V
Public Records Processing Unit
From: J Melynn [ ]
Sent: Monday, February 24, 2014 10:46 PM
‘To: Weschler, Tara; Driver, Tammy; Taaffe,Mollie
Subject: Records Request PCSO-02241400032
At this time | am requesting under Title X, Chapter 119 and the Florida
Constitution the following documents;
1. Any and all emails or communications of any type or form from or to Robert
Gualtieri that mention James McLynas or any case McLynas is or has been
involved with from October 1, 2013 through October 31, 2013.
James McLynasFiling # 47873591 E-Filed 10/20/2016 12:40:17 PM
Subject: Fw: Records Request PCSO-02241400031
From: J Melynn (karguy!2@yahoo.com) jeep ore = Nee3071S
To: prozelle@pcsonet.com;
Date: Wednesday, November 4, 2015 6:37 PM
Mr. Rozelle,
Can you please explain why this public records request submitted by me on 2-25-2014 and followed up
by me again on 12-16-2014 still has not been complied with in accordance with Title X, Chapter 119
after more than 18 months?
James McLynas
(On Tuesday, December 16, 2014 9:01 PM, J Mclynn wrote:
‘Ms. Driver,
Could you please explain why this document request has not been responded to in obvious violation of
Florida Statute Title X, Chapter 119 and the Florida constitution and who specifically is responsible for
your department's failure and or refusal to respond to my written request? It seems that there is a clear
Patter of the PCSO to deliberately and intentionally ignore specific written document requests in direct
violation of Florida Law. Title X, Chapter 119 also provides the penalty of termination of employment
for anyone who fails or refuses to comply with public document requests. I am now asking you who
specifically is responsible for the Pinellas County Sheriff Offices repéated failure and refusal to comply
‘with Florida statutes in regard to my request.
James MeLynas
‘On Tuesday, February 25, 2014 2:22 PM, "Driver, Tammy" wrote:
Dear Mr. McLynas:
This e-mail is to acknowledge receipt of your public records request dated
February 24, 2014. In accordance with Ch. 119 FS, we are in the process of researching your
request.
Thank you,
Sincerely,Tammy T. Driver, Clerk V
Public Records Processing Unit
From: Melyrn 1
Monday, February 24, 20/4 10:44 PM
‘To: Weecor fare; Driver Tar: Tate, Mello
‘Subject: Records Request PCSO-02241400031
At this time | am requesting under Title X, Chapter 119 and the Florida
Constitution the following documents;
4. Any and all emails or communications of any type or form from or to Robert
Gualtieri that mention James McLynas or any case McLynas is or has been
involved with from November 1, 2013 through November 30, 2013.
James McLynasFiling # 47873591 E-Filed 10/20/2016 12:40:17 PM
Subject: Fw: Records Request PCSO-02241400030 Pe eS
From: J Maly (karguy12@yahoo.com) oie
To: prozelie@pesonet.com;
Date: ‘Wednesday, November 4, 2015 6:36 PM
Mr. Rozelle,
Can you please explain why this public records request submitted by me on 2-25-2014 and followed up
by me again on 12-16-2014 still has not been complied with in accordance with Title X, Chapter 119
after more than 18 months?
James McLynas
‘On Tuesday, December 16, 2014 9:13 PM, J Mclynn wrote:
Ms. Driver,
Could you please explain why this document request has not been responded to in obvious violation of
er re ee
failure and or refusal to respond to my written request? It seems that there is a clear
Dattem of the PCSO to deliberately and intentionally ignore specific written document requests indirect
violation of Florida Law. Title X, Chapter 119 also provides the penalty of termination of employment
for anyone who fails or refuses to comply with public document requests. I am now asking you who
specifically is responsible for the Pinellas County Sheriff Offices repeated failure and refusal to comply
with Florida statutes in regard to my request.
James McLynas
‘On Wednesday, February 28, 2014 10:04 AM, *Driver,Tammy" wrote:
Dear Mr. McLynas:
This e-mail is to acknowledge receipt of your public records request dated
February 24, 2014. In accordance with Ch. 119 FS, we are in the process of researching your
request.
Thank you,
Sincerely,
‘sbourblank: EXHIBIT QTammy T. Driver, Clerk V
Public Records Processing Unit
From: J
Malynn [ ]
‘Sent: Monday, February 24, 2014 10:40 PM
‘To: Weschler, Tara; Driver, Tammy
Subject: Records Requost POSO-02241400030
At this time | am requesting under Title X, Chapter 119 and the Florida
Constitution the following documents;
1. Any and all emails or communications of any type or form from or to Robert
Gualtieri that mention James McLynas or any case McLynas is or has been
involved with from December 1, 2013 through December 31, 2013.
James McLynasFiling # 47873591 E-Filed 10/20/2016 12:40:17 PM
‘Tammy T. Driver, Clerk V
Public Records Processing Unit
From: J Mclynn [ 1
‘Sent: Monday, February 24, 2014 10:35 PM
To: Thomas Stefan; Weschler, Tara; Driver, Tammy
Subject: Records Request PCSO-02241400028
At this time | am requesting under Title X, Chapter 119 and the Florida
Constitution the following documents;
1. Any and all emails from or to Robert Gualtieri that mention James McLynas or
any case McLynas is or has been involved with from January 1, 2014 through
January 31, 2014.
James McLynas
sbouttlonk EXHIBIT R an“4
‘Subject: Fw: Records Request PCSO-02741400028 1-3!
From: J Mdlynn (karguy!2@yahoo.com)
To: prozelle@posonet. com;
Date: Wednesday, November 4, 2015 6:34 PM
4
yi
Mr. Rozelle,
Can you please explain why this public records request submitted by me on 2-25-2014 and followed up
by me again on 12-16-2014 still has not been complied with in accordance with Title X, Chapter 119
after more than 18 months?
‘James McLynas
‘On Tuesday, December 16, 2014 9:10 PM, J Mclynn wrote:
Ms. Driver,
Could you please explain why this document request has not been responded to in obvious violation of
Florida Statute Title X, Chapter 119 and the Florida constitution and who specifically is responsible for
your department's failure and or refusal to respond to my written request? It seems that there is a clear
pattern of the PCSO to deliberately and intentionally ignore specific written document requests in direct
violation of Florida Law. Title X, Chapter 119 also provides the penalty of termination of employment
for anyone who fails or refuses to comply with public document requests. I am now asking you who
specifically is responsible for the Pinellas County Sheriff Offices repeated failure and refusal to comply
with Florida statutes in regard to my request.
James McLynas
‘On Wednesday, February 26, 2014 9:44 AM, "Driver, Tammy” wrote:
Dear Mr. McLynas:
This e-mail is to acknowledge receipt of your public records request dated
February 24, 2014. In accordance with Ch. 119 FS, we are in the process of researching your
request.
Thank you,
Sincerely,Filing # 47873591 E-Filed 10/20/2016 12:40:17 PM.
Tammy T. Driver, Clerk V
Public Records Processing Unit
From: J Melynn [ ]
Sent: Monday, February 24, 2014 10:38 PM
To: Weschler, Tara; Driver, Tammy
Subject: Records Request PCSO-02241400029
(On Monday, February 24, 2014 11:36 PM, J Mclynn <
At this time | am requesting under Title X, Chapter 119 and ‘the Florida
Constitution the following documents;
1. Any and all emails from or to Robert Gualtieri that mention James McLynas or
any case McLynas is or has been involved with from February 1, 2014 through
February 28, 2014.
James McLynas
EXHIBITS‘Subject: Fw: Records Request PCSO-02241400029
From: J Mciynn (karguy12@yahoo.com)
To: prozelle@posonet.com;
‘Date: Wednesday, November 4, 2015 6:36 PM
2-t-1M 2-2-4
Mr. Rozelle,
Can you please explain why this public records request submitted by me on 2-25-2014 and followed up
by mie again on 12-16-2014 still has not been complied with in accordance with Title X, Chapter 119
after more than 18 months?
James McLynas
On Tuesday, December 16, 2014 9:12 PM, J Mclynn wrote:
Ms. Driver,
Could you please explain why this document request has not been responded to in obvious violation of
erie Sete 2 Gupte 119 oo: Go tees Sen a eS
‘s failure and or refusal to respond to my written request? It seems that there isaclear
Nee fr Pr Wo teltnortoly nual cohen teenie igrove apncific oxic cectent-seulsde det
violation of Florida Law. Title X, Chapter 119 also provides the penalty of termination of employment
for anyone who fails or refuses to comply with public document requests. I am now asking you who
specifically is responsible for the Pinellas County Sheriff Offices repeated failure and refusal to comply
with Florida statutes in regard to my request.
James MeLynas
On Wednesday, February 28, 2014 9:59 AM, "Driver, Tammy" wrote:
Dear Mr. MeLynas:
This e-mail Is to acknowledge receipt of your public records request dated
February 24, 2014. In accordance with Ch. 119 FS, we are in the process of researching your
request.
Thank you,
Sincerely,Filing # 47873591 E-Filed 10/20/2016 1
From: J Molyan sarguy12@yano0 20m
‘Subject: 104-16 Fv: POSO Records Request °CS010041600082
Baie: Octobor 12,2016 at 1:00 AML
To: Jerty Theaphilopoulo jz Btainpabay cor
On Monday, October 5, 2015 4:06 PM, "Driver, Tammy”
wrote:
This letter is to acknowledge receipt of your public records request dated October 4, 2015.
In accordance with Florida Public Records Law, Chapter 119 of the Florida State Statutes,
wwe are in the process of researching your request and will notify you when itis available for
release.
Sincerely,
Sheriff Bob Gualtieri
Pinellas County, Florida
Tammy T. Driver
Administrative Technical Assistant
Pinellas County Sheriff's Office
Public Records Processing Unit
10750 Ulmerton Road
Largo, FL 33778
727-582-5851 phone
727-582-6400 fax
From: J Melynn [mailto:karguy 12@yahoo.com
Sent: Sunday, October 04, 2015 8:49 PM
‘To: Driver,Tammy iver@pesonet.com>; McLaughlin,Mollie
Subject: PCSO Records Request PCSO10041500082
RE: PCSO Records Request 10041500082
At this time I am requesting the follwing documents under Title X. Chaoter 110 and the
EXHIBIT TFlorida Constitution;
1. All documents or records of any communications, emails or interoffice memos to ot from
Sheriff Robert Gualtieri that in any way relate to case 131723SCFANO State of Florida vs.
MeLynas
James McLynasFiling # 47873591 E-Filed 10/20/2016 12:40:17 PM.
From: J Melyan karguy!2@yahoo.com
Subject: 10-4-15 2) Fw. PCSO Records Request 10041500085
Date: October 12, 2016 a 1:02 AM
To: Jory Theophopaulos jtaw@tampabay rom
On Monday, October 5; 2015 4:14 PM, "Driver, Tammy"
wrote:
This letter is to acknowledge receipt of your public records request dated October 4, 2015.
In accordance with Florida Public Records Law, Chapter 119 of the Florida State Statutes,
we are in the process of researching your request and will notify you when it is available for
release.
Sincerely,
Sheriff Bob Gualtieri
Pinellas County, Florida
Tammy T. Driver
Administrative Technical Assistant
Pinellas County Sheriff's Office
Public Records Processing Unit
10750 Ulmerton Road
Largo, FL 33778
727-582-5851 phone
727-582-6400 fax
From: J Melynn [mailio:kareuy12@yahoo.co:
Sent: Sunday, October 04, 2015 9:06 PM
‘To: Driver, Tammy ; McLaughlin, Mollie ;
Weschler, Tara
Subject: PCSO Records Request 10041500085
RE: PCSO Records Request 10041500085
EXHIBIT UAt this time I am requesting the following documents under Title X, Chapter 119 and the
Florida Constitution;
1. All documents or records of any communications, emails or interoffice memos to or from
Sheriff Robert Gualtieri that in any way relate to the decision by the State Attorney to Nolle
Prossed case 1317235CFANO State of Florida vs. McLynas
James McLynasFiling # 47873591 E-Filed 10/20/2016 12:40:17 PM.
James
On Friday, October 23, 2015 1:59 PM, J Mclynn wrote:
Mr. Gleason,
would like to request an official answer from your office to the following question;
Why would Pam Bondi allow a law to be passed that permitted a State agency required with following
Title X, Chapter 119, t0 refuse to take part in a mediation process when they refuse to provide records?
Itseems that such a law isn't worth the paper it is written on. The citizen seeking records is of course
going to want to mediate to obtain those records. The State agency is the one withholding them and
‘Violating the law. Why would such a provision be written to be "voluntary" for the State agency
REQUIRED to produce records?
Ifyou can't answer that question, then please provide me the contact person at your agency that can.
James McLynas
(On Friday, October 23, 2015 1:42 PM, Pat Gleason
wrote:
Hello...:| don't believe that we have discussed your requests other than via email. However,
the exclusive jurisdiction to. determine whether there is sufficient evidence to warrant an.
‘investigation or prosecution of a citizen complaint alleging a violation of the open
‘government laws rests with the local State Attorney, not the Attorney General's Office. The
state attorneys are independent elected officers and are not a part of the Attorney General's
Office. Sincerely, Pat Gleason
arguy12@yahoo,com ---10/28/2015 01:32:38 PM-—-Mr. Gleason, Additionally, could you
please provide the contact person you spoke of the other day re
From: karauy12@yahoo.com
“To: Pat, Gleason@myfioridalegal.com
Date: 10/23/2015 01:32 PM
Subject: Re: Records Request PCSO-0224140001
Mr. Gleason,
Additionally, could you please provide the contact person you spoke of the other day
regarding fiking a criminal complaint for violations of Title X, Chapter 119?
EXHIBIT V~~ Original message——
From: Pat Gleason
Date: Fri, Oct 23, 2015 1:04 PM
To: J Mciynn;
Co: Lockheart, Shannon;Rozelle, Paul;
‘SubjectFw: Records Request PCSO-0224140001.
Hello Mr. McLynas. The purpose of this email is to update the status of your request for open
‘government mediation pursuant to section 16.60, FS. The enclosed email explains that
‘counsel does not believe that mediation would be productive in this matter. Accordingly,
since this program is aa voluntary option my file is closed at this time. ! would urge you to
‘work with directly with the sheriff's office to resolve your concerns.
Sincerely,
Pat Gleason
Special Counsel for Open Government
Forwarded by Pat Gleason/OAG on 10/28/2015 12:56 PM
From: ‘Lockheart,Shannon* >
To: "'Pat.Gleason@myfloridalegal.com'* >
Ce: *Rozelle,Paul" >
Date: 10/22/2015 04:28 PM
Subject: FW: Records Request POSO-0224140001
Hello-
Thank you for your email. We were under the impression Mr. McLynas was represented by Attorney
We are not interested in participating in a voluntary mediation. Respectfully, | do not believe that a
‘mediation would be productive. We have acknowledged Mr. Mclynas’ requests and informed him of
the amount of money he will need to submit prior to us gathering the records. He has not submitted
payment.
| also wanted to thank you for your offer to forward the other emails from Mr. Mclynas, but we do not
feet that is necessary. Should a need for the emails arise in the future, perhaps upon our request to
Mr Melynas he would forward usa copy directly to us
Last, Ihave copied Attorney Paul Rozelle on this email. He is Senior Associate Counsel here at PCSO
and is handling this matter on behalf of PCSO. Therefore, if our response declining the voluntary
‘mediation does not bring an end to your Involvement with Mr. Mclynas, if you would kindly direct any
future emails directly to Paul
Sincerely,
Shannon Lockheart
Shannon Lockheart
General CounselPineias Loumty onerins umice
(727882-6274
{27560-7503 (cell)
From: Pat Gleason [mailto:Pat.Gleason@myfloridalegal.com]
Sent: Thursday, October 22, 2015 11:08 AM
To: Lockheart,Shannon
‘Subject: Fw: Records Request PCSO-0224140001
Hello. Attached is email correspondence to and from Mr. McLynas who has asked that this office
mediate a public records dispute with the sheriffs office. Section 16.60, Florida Statutes, establishes
this program as a voluntary option for resolution of public access disputes. I have explained to Mr.
McLynas that the program is not intended to determine whether an agency has of has not violated the
Public Records Law but instead is designed to provide an informal dispute resolution process for those
agencies and individuals who would like to use the program to resolve an ongoing dispute over access
to public records. There is no cost to participate. In cases where the requester states that he has not
received a response to his request, some agencies prefer to contact the requester directly as opposed to
using mediation. However, if you would like to use the mediation program to resolve this dispute
please let me know. Also if you have any questions, please contact me.
Also, [have previously indicated to Mr. MeLynas that the mediation program can only resolve one
issue at a time, but he has also sent me about 50 additional emails regarding public records requests. If
you would like me to forward copies of these emails, please let me know.
Sincerely,
Pat Gleason
Special Counsel for Open Government
~~ Forwarded by Pat Gleason/OAG on 10/22/2015 10:56 AM-—
From: Pat Gleason/OAG
“To: J Melyan
‘Date: 10/21/2015 05:56 PM
Subject: Re: Records Request PCSO-0224140001
“Thank you for your response to my request. If possible, could you please furnish the entire emails ie the
same address subject line and any attachments To ctarfy, there has been no response to your February
24 request except for the February 25 email from Ms. Driver? And your December 16 email to Ms.
Driver attached a copy of the February 24 request? Just for clarification purposes, the Public Records
Law does not require an agency to answer questions about its processes so those issues cannot be
addressed through this program... we will be focusing on the records thet were requested in your
February 24 email. Sincerely, Pat Gleason
‘J Melynn 10/21/2015 05:36:54 PM-—Mr. Gleason, In accordance with your request to submit only
‘one records request at a time, please se
rom: J Melynn
‘To: Pat Gleason
Date: 10/21/2015 05:36 PM
‘Subject: Fw: Records Request PCSO-0224140001,‘Mr. Gleason,
In accordance with your request to submit only one records request at a time, please see the below
attached records request and the entire sum of the response from the Pinellas County Sheriffs office.
‘You asked that I outline the issues I have with the response. That is simple. They refuse to provide the
records or respond to my inquiry as to why they failed to provide them. This is typical of the response
from Robert Gualtieri and the Pinellas County Sheriff's Office.
James McLynas
(On Tuesday, December 16, 2014 8:50 PM, J Mclynn wrote:
‘On Tuesday, December 16, 2014 5:49 PM, J Mciynn wrote:
‘Ms. Driver,
Could you please explain why this document request has not been responded to in obvious violation of
Florida Statute Title X, Chapter 119 and the Florida constitution and who specifically is responsible for
‘your department's failure and or refusal to respond to my written request? It seems that there is a clear
Pattern of the PCSO to deliberately and intentionally ignore specific written document requests in.
direct violation of Florida Law. Title X, Chapter 119 also provides the penalty of termination of
employment for anyone who fails or refuses to comply with public document requests. Tam now
asking you who specifically is responsible for the Pinellas County Sheriff Offices repeated failure and
refusal to comply with Florida statutes.
James MeLynas
‘On Tuesday, February 25, 2014 11:56 AM, "Driver, Tammy" wrote:
Dear Mr. McLynas:
This e-mail is to acknowledge receipt of your public records request dated
February 24, 2014. In accordance with Ch. 119 FS, we are in the process of researct
request.
Thank you,
Sincerely,
dtspe
Tammy T Driver
Pinellas County Sheriff's Office
Public Records Processing Unit
10750 Ulmerton Road
Largo, FL 33778
‘721-582-5851 phone
‘727-582-6400 fax
From: J Mclynn [mailto:kerquy12@yahoo.com}
Sent: Monday, February 24, 2014 1:28 AM
‘To: Jowell, Sean; Weschler, Tara; Gualtieri, Robert; Matthews, Scott; Driver, Tammy
Subject: Records Request PCSO-0224140001
At this time | am making a public records request under Title X,
Chapter 119 and the Florida Constitution for all Internal Affairs
records, complaint records, discipline records and any other records
relating to complaint(s) or rules violation(s) of a Deputy Kenneth L.
Burroughs.
James McLynasFiling # 47873591 E-Filed 10/20/2016 12:40:17 PM.
On Thursday, February 18, 2016 9:47 AM, J Mclynn
wrote:
At this time I am making the following records request under ‘litle X, Chapter 119 and the
Florida Constitution;
1, All emails to or from Robert Gualtieri from October 2013 that in any way reference or
relate to the implementation or use of a Stingray cell site simulator, or other similar device,
in connection with James McLynas or the phone number 727-599-4374,
James McLynas
EXHIBIT W