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VIA UPS No.

1Z64589FP290127297 J uly 28, 2014


Email: jharkness@flabar.org
Mr. J ohn F. Harkness
Executive Director and Records Custodian
The Florida Bar
651 East J efferson Street
Tallahassee, FL 32399-2300
Dear Mr. Harkness:
This records request is submitted to you as the Records Custodian for The Florida Bar.
Previously Ms. J olinski may have failed to correct my citation to Rule 2.420(b)(3), Fla. R. J ud.
Admin. for you as Records Custodian. Ms. J olinski did cite to Bylaw 2-4.3 Duties of the
Executive Director, which states, The executive director shall keep the records of The Florida
Bar and the board of governors. The enclosed Creed of Professionalism, paragraph 4 states:
I will not knowingly misstate, distort, or improperly exaggerate any fact or opinion and will not
improperly permit my silence or inaction to mislead anyone. What is the correct citation?
The Florida Bar Record Retention Schedule Version (2011), Division (Legal) Department
(Lawyer Regulation), shows Purpose Rule 2.440, Florida Rules of J udicial Administration
establishes...the obligation for records is vested in the Executive Director..... (Exhibit 1)
Rule 2.440. Retention of J udicial Branch Administrative Records. (Enclosed)
(a) Definitions.
(1) J udicial branch means the judicial branch of government, which includes the state
courts system, the clerk of court when acting as an arm of the court, The Florida Bar, the
Florida Board of Bar Examiners, the J udicial Qualifications Commission, and all other
entities established by or operating under the authority of the supreme court or the chief
justice.
(2) Records of the judicial branch means all records, regardless of physical form,
characteristics, or means of transmission, made or received in connection with the
transaction of official business by any judicial branch entity and consists of:
(A) court records, which means the contents of the court file, including the
progress docket and other similar records generated to document activity in a
case, transcripts filed with the clerk, documentary exhibits in the custody of the
clerk, and electronic records, videotapes, or stenographic tapes of depositions or
other proceedings filed with the clerk, and electronic records, videotapes, or
stenographic tapes of court proceedings; and
(B) administrative records, which means all other records made or received
pursuant to court rule, law, or ordinance, or in connection with the transaction of
official business by any judicial branch entity.
Mr. J ohn F. Harkness J uly 28, 2014
Executive Director and Records Custodian Page - 2
1. Provide Member Records, Master Records of the Membership Records Department for,
Robert W. Bauer, Bar ID 11058
Eugene P. Castagliuolo, Bar ID 104360
Ryan Christopher Rodems, Bar ID 947652
William J ohn Cook, Bar ID 986194
Chris A Barker, Bar ID 885568
2. Provide records showing Each Record Series of records for lawyer members of The
Florida Bar. Previously I did not know about Member Records until getting Mr. J olinskis
response letter J une 10, 2014. The Bar has discipline records for discipline matters; what other
records are available? Provide the records showing all classes or types of records, Rule 2.420(a),
Public Access to J udicial Branch Records, Fla. R. J ud. Admin, and Rule 2.440. Retention of
J udicial Branch Administrative Records, cited above.
2.420(a) Scope and Purpose. Subject to the rulemaking power of the Florida Supreme
Court provided by article V, section 2, Florida Constitution, the following rule shall
govern public access to the records of the judicial branch of government. The public shall
have access to all records of the judicial branch of government, except as provided below
Rule 2.420(b)(2) defines The Florida Bar as a judicial branch of government.
Rule 2.420(b)(1) defines records of the judicial branch as all records, regardless of
physical form, characteristics, or means of transmission, made or received in connection
with the transaction of official business by any judicial branch entity and consist of:
(A) court records, which are the contents of the court file, including the progress docket
and other similar records generated to document activity in a case, transcripts filed with
the clerk, documentary exhibits in the custody of the clerk, and electronic records,
videotapes, or stenographic tapes of depositions or other proceedings filed with the clerk,
and electronic records, videotapes, or stenographic tapes of court proceedings; and
(B) administrative records, which are all other records made or received pursuant to court
rule, law, or ordinance, or in connection with the transaction of official business by any
judicial branch entity.
3. Provide records of The Florida Bars email policy and procedure, including,
The legal basis that Email is a message delivery system. It is not a record no more than an
envelope is a record. It is the content of the message that determines if it is a record and in which
record series the message is placed. (Exhibit 1). The legal basis for deleting PDF attachments to
email sent or received by The Florida Bar. For example, Ms. J olinskis email Wednesday, J une
25, 2014 10:02 AM, Re: Public Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17,
shows, [attachment "Center for Professionalism_ Regulating - Oath.pdf" deleted by J enny
J olinski/The Florida Bar].
Mr. J ohn F. Harkness J uly 28, 2014
Executive Director and Records Custodian Page - 3
Records for J ohn William Gardner
4. Enclosed is a letter J uly 14, 2014 of Shanell M. Schuyler closing RFA#14-14647 stating,
inter alia, Furthermore, there is insufficient evidence indicating that Mr. Gardner failed to
report Mr. Rodems for violating the Rules Regulating The Florida Bar.
Mr. Harkness, as Executive Director and Records Custodian for The Florida Bar, please certify
whether or not Mr. Gardner failed to report Mr. Rodems for violating the Rules Regulating The
Florida Bar, and provide your findings to me, Ms. Schuyler and Mr. Gardner.
Ms. Schuylers finding of insufficient evidence to support your contention that Mr. Gardner
"corruptly assisted" Mr. Rodems in obtaining a judgment against you. is misplaced. I do not
believe the word corruptly appears in the Rules of Professional Conduct, so it is confusing that
Ms. Schuyler would rely on a ordinary adjective as part of her closure decision.
But it does call into question whether Ms. Schuyler violated section 112.313, Florida Statutes,
Standards of conduct for public officers, employees of agencies, and local government attorneys.
112.313(6) MISUSE OF PUBLIC POSITION.No public officer, employee of an
agency, or local government attorney shall corruptly use or attempt to use his or her
official position or any property or resource which may be within his or her trust, or
perform his or her official duties, to secure a special privilege, benefit, or exemption for
himself, herself, or others....
This is a request for the record of Ms. Schuylers loyalty oath required, as a recipient of public
funds from the state of Florida, that he/she supports the Constitution of the United States, and
Florida. (Article II, Section 8, Fla. Const.).
Loyalty oaths for Florida Bar employees
(Article II, Section 8, Fla. Const.)
5. Loyalty oaths for Florida Bar employees as recipients of public funds from the state of
Florida that you support the Constitution of the United States, and Florida. For example,
J ohn F. Harkness Gregory W. Coleman
J ohn T. Berry Ramn A. Abadin
Adria E Quintela Arne Vanstrum
Mary Ellen Batemen Troy Lovell
Shanell Schuyler Leonard Clark
Lori S. Holcomb Susan Varner Bloemendaal
J ames N. Watson Sandra Fascell Diamond
Sheila M. Tuma Andrew B. Sasso
J an K. Wichrowski Carl B. Schwait
Ghunise Coaxum Annemarie Craft
Patricia A. T. Savitz J enny J olinski
Mr. J ohn F. Harkness J uly 28, 2014
Executive Director and Records Custodian Page - 4
Oaths of Admissions Discarded
6. Oaths of Admission to The Florida Bar are discarded by the Florida Board of Bar
Examiners. I am not able to locate evidence that any Bar member took an Oath. Is there a
requirement that a record of the Oath of Admission be kept?
The enclosed letter of Michele A. Gavagni, Executive Director, Florida Board of Bar Examiners,
dated J une 30, 2014 states,
The Florida Board of Bar Examiners received your letter dated J une 25, 2014, requesting
the Oaths of Attorney for a list of members of The Florida Bar. The board does not have
the information you are requesting. Once the person's Oath of Attorney has been
processed, they are discarded. The date the oath was executed is reflected on The Florida
Bar website on the page for each individual attorney.
Enclosed please find The Florida Bar directory page for J ohn William Gardner. I cannot see
where The date the oath was executed is reflected. More problematic may be the fact that
Once the person's Oath of Attorney has been processed, they are discarded. Therefore, there is
no objective evidence that any Florida lawyer actually took the Oath of Admission.
Ms. J olinski advised by email The bar does not have the original oath which was delivered by
the Florida Supreme Court, we do however, have an annual acknowledgement (sic) of the oath
that is part of our fee statements. I requested J une 25, 2014 11:22 AM but not received from
Ms. J olinski an example of the annual acknowledgment.
Thank you. Can you provide an example of the annual acknowledgment of the oath that
is part of the fee statement? Even a link to an un-executed example is fine. Appreciate
your consideration.
The relevant page of the email is enclosed in paper format.
Regarding Ms. J olinskis assertion that The bar does not have the original oath which was
delivered by the Florida Supreme Court it does not appear an original oath was delivered.
Supreme Court Clerk J ohn Tomasino advised by email J une 17, 2014 7:01 PM,
The oath in SC11-1702 is the current oath. As to your second question, the Florida
Supreme Court does not keep the oath for each attorney submitted to the Bar. I dont
know if the Florida Board of Bar Examiners keeps those records, but you could check
with them.
A paper copy of Mr. Tomasinos email is enclosed.
Mr. J ohn F. Harkness J uly 28, 2014
Executive Director and Records Custodian Page - 5
7. Kindly provide the following records. If a page count is under 66 pages, the copy is
provided without charge. Fla.R.J ud. Admin 2.420(i)(3) and Florida Statute 119.07(4)(d).
The Florida Bar and Subsidiaries Financial Statements and Supplemental Information
J une 30, 2010 and 2009
8. Pinellas County School Board Attorney David Koperski provided records showing
attorney Eugene P. Castagliuolo resigned April 6, 2009 from a teaching job while under
investigation for misconduct. Mr. Castagliuolo was a substitute teacher and teacher from April 6,
2007, through April 6, 2009. Enclosed are Mr. Koperskis letters, and a one page memo from
Administrator J ames T. Lott that states in part,
On April at 2009, our office received the resignation for MR. EUGENE
CASTAGLIUOLO effective April 6, 2009. He resigned under Investigation, with
"personal as his reason.
Please use code #95 to complete your paperwork and note that he is a no rehire.
Public records show evidence of Castagliuolos anger and mental problems, in addition to the
investigation for misconduct. In my view Castagliuolo is unfit to teach, or practice law.
Mr. Castagliuolo was my counsel J une 21, 2011 and failed to advise me that Mr. Rodems
settlement agreement was in fact a bribe offered [F.S. 838.015, 838.016, 838.022] and
accepted by three Florida judges and two state employees. Castagliuolos anger and mental
problems were also an issue during his representation of me, and his counsel was ineffective.
What is The Florida Bars duty upon receipt of information showing an attorney resigned, in this
case from a state school teaching job, while under state investigation?
9. I do not show a reply my J uly 16, 2014 records response/request. I wrote you in part,
Responses by Ms. J olinski provided by email Thursday, J une 26, 2014 at 2:12 PM also appear
incorrect. Ms. J olinskis email is attached in PDF.
Ms. J olinski wrote in part 3 were inquiries resulting in no public documents.
Mr. Bauer ACAP 14-2445 - Evans (no public documents)
Mr. Rodems ACAP 14-14506 - Francis (no public documents)
ACAP 14-14243 - Tomaso (no public documents)
Again, I am seeking public records, not public documents. If the inquires are closed, then
there are public records, and Ms. J olinski is wrong. See the Florida Rules of J udicial
Administration, Rule 2.420. Public Access to J udicial Branch Records.
It appears you and The Florida Bar are wrongly protecting Mr. Bauer and Mr. Rodems.
Mr. J ohn F. Harkness J uly 28, 2014
Executive Director and Records Custodian Page - 6
Ms. J olinski has not claimed any exemption to providing the records. Therefore, provide the
records immediately.
Regarding fees, I notified you Ms. J olinski wrote J une 26, 2014 at 10:18 AM in part Fla.R.J ud.
Admin 2.420(m)(3) and Florida Statute 119.07(4)(d) authorize and establish fees applicable to
the production of public records for inspection or copying within the judicial branch. and
presented an invoice for $227.63, PDF attached. I responded, The amount on the invoice,
$227.63, is well beyond my ability to pay. The invoice does not show a basis for $227.63 other
than "17.00 hours" x $13.39 per hour. Okay, I will file with Mr. Harkness a request for the
records in forma pauperis, and appeal any denial through the courts. There are other significant
records bills elsewhere, so Ill draft one petition for all of them.
Until then, kindly provide the cost for the each individual record below, so that I can make an
informed choice.
Provide the records or a response immediately.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net
1 Jun4,201410:14AM TheFloridaBar
Page
Record RetentionSchedule
Version (2011)
Division (Legal)Department(LawyerRegulation)
Purpose
Rule 2.440, Florida Rules of Judicial Administration establishes the requirement that all entities of the Florida Supreme Court must establish a records management program and comply with the retention scheduled developed by the
court. The record retention schedule does not impose a duty to create records contained in the schedule. The purpose of the schedule is to authorize destruction of records after the retention period has elapsed....This schedule
authorizes destruction of records unless otherwise provided by court rule The obligation for records is vested in the Executive Director. The Retention Schedule applies to records in all media and establishes the retention period for the
records of The Florida Bar.
The TFB Records Retention Schedule complies with the minimum record retention requirements set forth in the Judicial Branch Record Retention Schedule (JBRS).
Record Management Terms
The Record Retention Policy establishes and defines important terms for The Florida Bar Records Management Program. Each Record Series has a Responsible Department who maintains the Master Record for the duration of the
Retention Period. There are general record series that apply to All TFB Depts., for example, Correspondence, Minutes: Official Minutes, etc. The TFB Schedule also establishes retention for Master Records and Duplicate/Convenience
Copies.
Retention periods are either time-based or event-based. An event-based retention period requires that an event take place prior to the tolling of the retention period. For example in the case of Personnel Records, Termination plus 25
years means that the tolling of the 25 years cannot begin until termination of the employee and Audit plus 5 fiscal years means that the 5-year retention period of the record begins after the audit has occurred.
The Retention Schedule is comprised of Record Series (a group of related documents). For example, the Personnel Records record series consists of the application/resume, criminal background report, W-4 forms, etc. Therefore,
individual records like the application are assigned to the record series Personnel Records.
It is important to understand that departmental records are needed by other TFB departments. Member Records are Master Records of the Membership Records Department; however, those records are used by almost every
department of the Bar. Consequently it is important to determine constituencies of the Bar records. Another department might rely on the existence of a record for a longer period than the Responsible Department. Retention Period is
based on organizational requirements.
Email isamessagedeliverysYstem.ltisnotarecordnomorethananenvelopeisarecord.ltis the content of the message that determines if it is a record and in which record series the message is placed.
Changes over Time
The TFB Retention Schedule is a living document and will change over time as new processes, rules, procedures, or statues are enacted. And, as new systems are installed or upgraded.
Record Disposition Documentation
The Retention Schedule authorizes the disposition of records. The Disposition Authorization Form documents when, how and by whom the disposition was completed. The process also ensures that no litigation holds are in place that
requires the records to be maintained. The documentation explains why a record is not available for discovery, public record request, audit, etc. It formalizes the disposition process. It demonstrates that disposition occurred in the
regular course of business. Copies or duplicate records can be disposed of once they have on administrative or operational need. They do not require approval for disposition.
DirectyourquestionstotheRecordsManagementDepartment.
1

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BYLAW 2-4.3 DUTIES OF EXECUTIVE DIRECTOR
2 BYLAWS OF THE FLORIDA BAR
2-4 OFFICERS
BYLAW 2- 4.3 DUTI ES OF EXECUTI VE DI RECTOR
The executive director shall be chosen by the board of governors and shall performall duties usually required of a secretary and a
treasurer and such other duties as may be assigned by the board of governors. The executive director shall serve as publisher of The
Florida Bar Journal and The Florida Bar News and as director of public relations until otherwise directed by the board of
governors. The executive director shall keep the records of The Florida Bar and the board of governors. The executive director shall
maintain and be in charge of the offices and shall devote full time to the work of The Florida Bar. The board shall fix the executive
director's salary and other benefits and emoluments of office.
[Revised: 01/01/1993]

ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC MEMBER SERVICES FIND A LAWYER
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Creed of Professionalism Creed of Professionalism Creed of Professionalism Creed of Professionalism Creed of Professionalism
I reverethelaw, thejudicial system, and thelegal profession and will at all times in my
professional and privatelives uphold thedignity and esteemof each.
I will further my professions devotion to public serviceand to thepublic good.
I will strictly adhereto thespirit as well as theletter of my professions codeof ethics, to the
extent that thelaw permits and will at all times beguided by a fundamental senseof honor,
integrity, and fair play.
I will not knowingly misstate, distort, or improperly exaggerateany fact or opinion and will
not improperly permit my silenceor inaction to mislead anyone.
I will conduct myself to assurethejust, speedy and inexpensivedetermination of every action
and resolution of every controversy.
I will abstain fromall rude, disruptive, disrespectful, and abusivebehavior and will at all
times act with dignity, decency, and courtesy.
I will respect thetimeand commitments of others.
I will bediligent and punctual in communicating with others and in fulfilling commitments.
I will exerciseindependent judgment and will not begoverned by a clients ill will or deceit.
My word is my bond.
April 1, 2014 Florida Rules of Judicial Administration 107
(1) Exhibits in criminal proceedings shall be disposed of as
provided by law.
(2) All other exhibits shall be retained by the clerk until 90 days
after a judgment has become final. If an exhibit is not withdrawn pursuant to
subdivision (i) within 90 days, the clerk may destroy or dispose of the exhibits
after giving the parties or their attorneys of record 30 days notice of the clerks
intention to do so. Exhibits shall be delivered to any party or attorney of record
calling for them during the 30-day time period.
(g) Disposition Other Than Destruction. Before destruction or
disposition of court records under this rule, any person may apply to the court for
an order requiring the clerk to deliver to the applicant the court records that are to
be destroyed or disposed of. All parties shall be given notice of the application.
The court shall dispose of that court record as appropriate.
(h) Release of Court Records. This rule does not limit the power of the
court to release exhibits or other parts of court records that are the property of the
person or party initially placing the items in the court records. The court may
require copies to be substituted as a condition to releasing the court records under
this subdivision.
(i) Right to Expunge Records. Nothing in this rule shall affect the
power of the court to order records expunged.
(j) Sealed Records. No record which has been sealed from public
examination by order of court shall be destroyed without hearing after such notice
as the court shall require.
(k) Destruction of Jury Notes. At the conclusion of the trial and
promptly following discharge of the jury, the court shall collect all juror notes and
immediately destroy the juror notes.
RULE 2.440. RETENTION OF JUDICIAL BRANCH
ADMINISTRATIVE RECORDS
(a) Definitions.
(1) Judicial branch means the judicial branch of government,
which includes the state courts system, the clerk of court when acting as an arm of
the court, The Florida Bar, the Florida Board of Bar Examiners, the Judicial
April 1, 2014 Florida Rules of Judicial Administration 108
Qualifications Commission, and all other entities established by or operating under
the authority of the supreme court or the chief justice.
(2) Records of the judicial branch means all records, regardless
of physical form, characteristics, or means of transmission, made or received in
connection with the transaction of official business by any judicial branch entity
and consists of:
(A) court records, which means the contents of the court
file, including the progress docket and other similar records generated to document
activity in a case, transcripts filed with the clerk, documentary exhibits in the
custody of the clerk, and electronic records, videotapes, or stenographic tapes of
depositions or other proceedings filed with the clerk, and electronic records,
videotapes, or stenographic tapes of court proceedings; and
(B) administrative records, which means all other records
made or received pursuant to court rule, law, or ordinance, or in connection with
the transaction of official business by any judicial branch entity.
(b) Retention Requirements. Administrative records in the judicial
branch shall be retained in accordance with the Judicial Branch Records Retention
Schedule approved by the supreme court.
2002 Commentary
This rule does not apply to court records and files that are governed by rule 2.075 [renumbered as 2.430 in
2006]. This rule applies to administrative records.
To provide a consistent schedule for retention of administrative records in the judicial branch, the Supreme
Court Workgroup on Public Records recommended that the Court adopt the Judicial Branch Records Retention
Schedule. This schedule uses the legislatively authorized Department of State retention schedules, as appropriate,
and includes a schedule for other records that are unique to the judicial branch. [This schedule is set forth at the end
of these rules.]
RULE 2.450. TECHNOLOGICAL COVERAGE OF JUDICIAL
PROCEEDINGS
(a) Electronic and Still Photography Allowed. Subject at all times to
the authority of the presiding judge to: (i) control the conduct of proceedings
before the court; (ii) ensure decorum and prevent distractions; and (iii) ensure the
fair administration of justice in the pending cause, electronic media and still
photography coverage of public judicial proceedings in the appellate and trial
jfloriba _oarb of Jjar examiners
ADMINISTRATIVE BOARD OF THE SUPREME COURT OF FLORIDA
1891 Eider Court, Tallahassee, FL 32399-1750
Michele A. Gavagni
www.floridabarexam.org
Executive Director
June 30,2014
Mr. Neil J. Gillespie
8092 SW 115
th
Loop
Ocala, FL 34481
In Re: Public Access
The Florida Board of Bar Examiners received your letter dated June 25, 2014, requesting the
Oaths of Attorney for a list of merrlbers of The Florida Bar. The board does not have the
information you are requesting. Once the person's Oath of Attorney has been processed, they
are discarded. The date the oath was executed is reflected on The Florida Bar website on the
page for each individual attorney.
The Florida Board of Bar Examiners does not correspond by email.
Sincerely yours,
MICHELE A. GAVAGNI
Executive Director
MAG:srh
Ethics Rules LOMAS Professionalism Login


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Neil Gillespie
From: "Neil Gillespie" <neilgillespie@mfi.net>
To: "J enny J olinski" <J J olinski@flabar.org>
Sent: Wednesday, J une 25, 2014 11:22 AM
Subject: Re: Public Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17
Page 1 of 3
7/24/2014
Thank you. Can you provide an example of the annual acknowledgment of the oath that is part of the fee statement? Even a link
to an un-executed example is fine. Appreciate your consideration.
----- Original Message -----
From: J enny J olinski
To: Neil Gillespie
Sent: Wednesday, J une 25, 2014 10:02 AM
Subject: Re: Public Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17

Mr. Gillespie,
I resending my response as you requested.

Regards,

Jenny R. Jolinski, CRM CDIA+
Records Manager,
The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399-2300
850-561-5708
Jjolinski@flabar.org

Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding Bar
business may be considered public records, which must be made available to anyone upon request. Your e-mail communications may
therefore be subject to public disclosure.




From: Jenny Jolinski/The Florida Bar
To: "Neil Gillespie" <neilgillespie@mfi.net>
Date: 06/23/2014 12:24 PM
Subject: Public Record Request - CCOL-9L6HWS (Gillespie) - 2014-06-17


Dear Mr. Gillespie,
In addition to my response below. The bar does not have the original oath which was delivered by the Florida Supreme
Court, we do however, have an annual acknowledgement of the oath that is part of our fee statements.

Regards,
Jenny R. Jolinski, CRM CDIA+
Records Manager,
The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399-2300
850-561-5708
Jjolinski@flabar.org




From: Jenny Jolinski/The Florida Bar
To: "Neil Gillespie" <neilgillespie@mfi.net>

Neil Gillespie
From: "J ohn A. Tomasino" <tomasino@flcourts.org>
To: "'Neil Gillespie'" <neilgillespie@mfi.net>
Sent: Tuesday, J une 17, 2014 7:01 PM
Subject: RE: Oath of Admission, records request
Page 1of 2
7/24/2014
Mr. Gillespie,
The oath in SC11-1702 is the current oath. As to your second question, the Florida Supreme
Court does not keep the oath for each attorney submitted to the Bar. I dont know if the
Florida Board of Bar Examiners keeps those records, but you could check with them.

Thanks,
John Tomasino

From: Neil Gillespie [mailto:neilgillespie@mfi.net]
Sent: Tuesday, June 17, 2014 12:19 PM
To: John A. Tomasino
Cc: Neil Gillespie
Subject: Oath of Admission, records request

J ohn A. Tomasino, Clerk
Supreme Court of Florida
RE: Oath of Admission, records request
Dear Mr. Tomasino,
Good afternoon.
The Supreme Court of Florida issued September 12, 2011 a new version of the Oath of Admission, In re:
Oath of Admission to the Florida Bar, 73 So.3d 149 (Fla. 2011), also known as Case No.: SC11-1702,
September 12, 2011. The Order in SC11-1702 is found at the link.
http://www.floridasupremecourt.org/decisions/2011/sc11-1702.pdf
It has come to my attention that the Oath of Admission may have been revised. The Oath of Admission
currently on The Florida Bars website shows [Revised: 06-25-2013], at the link,
http://www.floridabar.org/tfb/TFBProfess.nsf/93534de21ecc6a7285257002004837a3/04e9eb581538255a
OpenDocument
Please provide the Supreme Court Order and citation for the current Oath if the Order in SC11-1702 is
no longer current, or should not be relied upon.
Also, does the Supreme Court keep a record of the Oath of Admission for each member? If so, is that
record available?
Thank you for your consideration.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
Page 2of 2
7/24/2014
THEFLORIDABAR
651 EASTJEFFERSONSTREET
JOHNF.HARKNESS,JR. TALLAHASSEE,FL 32399-2300 850/561-5600
EXECUTIVEDIRECTOR WWW.FLORIDABAR.ORG
July 14,2014
Mr.NeilJ. Gillespie
8092S.W. 115thLoop
Ocala,FL34481
Re: Mr. JohnWilliamGardner;RFA# 14-14647
DearMr.Gillespie:
PursuanttoyourrequestforreviewIhavereviewedthefile inmycapacityasDirectorofACAPandconclude
thatthedecisiontoclosethefile wasappropriate.
Whenagrievanceisfiled againstanattorney,Barcounselmustanalyzethecomplaintandthesupporting
evidencefromthestandpointofwhetherornot,asaprosecutorialagency,thecasestandsareasonablechance
ofbeingwoniflitigated. Oneof theconsiderationsBarCounselmustweighindecidingwhethertoclosea
file orproceedfurthertoseekdisciplinarymeasuresistheweightoftheavailableevidence. IftheBarseeksto
disciplinethelawyer,itisrequiredbySupremeCourtrulingtoshow,by"clearandconvincing"evidencethat
therehasbeenaviolationofoneormoreof theRulesRegulatingTheFloridaBar.Clearandconvincing
evidencehasbeendefinedas"evidencesoclear,directandweightyandconvincingastoenable [the
factfinder] tocometoaclearconviction,withouthesitancy,of thetruthoftheprecisefacts inissue."This
burdenofproofisheavierthantheburdenofproofrequiredinanordinaryciviltrial.
Intheinstantmatter,thereis insufficientevidencetosupportyourcontentionthatMr. Gardner"corruptly
assisted"Mr.Rodemsinobtainingajudgmentagainstyou. Furthermore,thereisinsufficientevidence
indicatingthatMr. GardnerfailedtoreportMr. RodemsforviolatingtheRulesRegulatingTheFloridaBar.
Accordingly,thisfile remainsclosedandthecomputerrecordwillbedisposedofoneyearfromthedateof
closurepursuanttotheBar'srecordretentionpolicy.
Sincerely,
"' () ~ .. ~ .~ 0
U ~
ShanellM. Schuyler,DirectorofIntake
ACAPHotline866-352-0707
cc: Mr. JohnWilliamGardner
cse
PINELLAS COUNTY SCHOOLS
April 16,2014
Mr.NeilJ. Gillespie
8092SW11SthLoop
Ocala,FL 34481
ADMINISTRATION IUILDING
301 Fourth StSW
P.O. Box2942
Largo. FL33779-2942
Ph. (727)588-6000
SCHOOL BOARD Of
PINELLAS COUNTY. FLORIDA
Chairperson
Carol J. Cook
ViceChairperson
LindaS. Lerner
JanetRClark
Rene Flowers
TerryKrassner
PeggyL0'Shea
RobinLWikle
Superintendent
MichaelAGrego,Ed.D.
Sentviaemailto:neiJgillespie@mfi.net
Re: PublicRecordsRequestNo. 14-146P
DearMr. Gillespie:
Weareinreceiptof yourpublicrecordsrequestmadeviae-mailtoDr. Gregoat5:35
p.m. onApril 15,2014,requestingacopyof thepersonnelfileofEugeneP. Castagliuoio,
whichhasbeenassignedasPRR#14-146P.
TheDistricthadanemployeebythenameof EugeneP. Castagliuolo,Jr.,whowasa
substituteteacherandteacherfromApril6, 2007,throughApril6,2009. Thepersonyou
namedwasnottheSchoolBoardAttorneyoranyotherattorneyemployedbytheSchool
Board.
Pleaseadvisewhetheryouintendtoseekacopyofthepersonnelfileof EugeneP.
Castagliuolo,Jr. If wedonothearfromyouwithinthenextten(10)days, wewillclose
ourfile onthismatter.
Sincerely,
D ~ e t r A
SchoolBoardAttorney
DK/klnl
cc: CarolJ. Cook,Chairperson,SchoolBoard
MichaelA. Grego,Ed.D.,Superintendent
Dr.RonCiranna,Asst. Superintendent,HumanResourcesServices
TheSchoolBoardofPinellasCounty. Ronda. prooibitsanyandallformsofdiscriminationandharassmentbasedon race, color,
sex, religion, national origin, marital status,age, sexual orientation Dr disabilityin any ofitsprograms, services oractivities.
EducationforaChangingWorld www.pcsb,org
(
........ .......

'ilillil .1.lt, .elLI
DAT.E: April6,2009
TO: The FifeofEUGENECASTAGLIUOLO
SSN
FROM: JamesT. LotI
Administrator
OfficeofProfessionalStandards
SUBJECT: Resignation/Retirement
OnAprilat 2009,ourofficereceivedthe resignationforMR. EUGENE
CASTAGLIUOLOeffectiveApril6,2009. HeresignedunderInvestigation,with
"personal
n
ashisreason.
Pleaseusacode#95tocompleteyourpaperworkandnotethatheIsanorehire.
co: BarbaraThornton- AssociateSuperintendent, Region IV
PatriciaFuller- Principal, BaysideHighSchool
HarrietKonstantinidis- Director. PersonnelDepartment
MickeyConverse- PayrollDepartment
SuzanHartman- RiskManagement
Personnel File
InvestFile
bp
VIA UPS No. 1Z64589FP292407249 J uly 16, 2014
Email: jharkness@flabar.org
Mr. J ohn F. Harkness
Executive Director and Records Custodian
The Florida Bar
651 East J efferson Street
Tallahassee, FL 32399-2300
Dear Mr. Harkness:
Responses by Ms. J olinski, Records Manager for The Florida Bar, provided by email Thursday,
J une 26, 2014 at 10:18 AM appear incorrect. Ms. J olinskis email is attached in PDF
Ms. J olinski wrote Three are inquiries in which no complaint was filed and consequently there
are no public documents. First, I am seeking public records, not public documents. Three
inquiries certainly resulted in public records, regardless of whether a complaint was filed. The
public records would include the identity of the persons making the inquires, the identity of the
lawyers in question, and a description of the subject matter. See below the Florida Rules of
J udicial Administration, Rule 2.420. Public Access to J udicial Branch Records.
Responses by Ms. J olinski provided by email Thursday, J une 26, 2014 at 2:12 PM also appear
incorrect. Ms. J olinskis email is attached in PDF.
Ms. J olinski wrote in part 3 were inquiries resulting in no public documents.
Mr. Bauer ACAP 14-2445 - Evans (no public documents)
Mr. Rodems ACAP 14-14506 - Francis (no public documents)
ACAP 14-14243 - Tomaso (no public documents)
Again, I am seeking public records, not public documents. If the inquires are closed, then there
are public records, and Ms. J olinski is wrong. See the Florida Rules of J udicial Administration,
Rule 2.420. Public Access to J udicial Branch Records.
Rule 2.420(b) Definitions (1) Records of the judicial branch are all records, regardless of
physical form, characteristics, or means of transmission, made or received in connection with the
transaction of official business by any judicial branch entity and consist of:
Rule 2.420(b) Definitions (1)(B) administrative records, which are all other records made or
received pursuant to court rule, law, or ordinance, or in connection with the transaction of
official business by any judicial branch entity.
Rule 2.420(b) Definitions (2) J udicial branch means the judicial branch of government, which
includes the state courts system, the clerk of court when acting as an arm of the court, The
Florida Bar, the Florida Board of Bar Examiners, the J udicial Qualifications Commission, and all
other entities established by or operating under the authority of the supreme court or the chief
justice.
Mr. J ohn F. Harkness, Executive Director and Records Custodian J uly 16, 2014
The Florida Bar Page - 2
Ms. J olinski has not claimed any exemption to providing the records. Therefore, provide the
records immediately.
What does ACAP 14-14243 - Tomaso (no public documents) refer to?
Ms. J olinski wrote J une 26, 2014 at 10:18 AM in part Fla.R.J ud. Admin 2.420(m)(3) and
Florida Statute 119.07(4)(d) authorize and establish fees applicable to the production of public
records for inspection or copying within the judicial branch. and presented an invoice for
$227.63, PDF attached. I responded, The amount on the invoice, $227.63, is well beyond my
ability to pay. The invoice does not show a basis for $227.63 other than "17.00 hours" x $13.39
per hour. Okay, I will file with Mr. Harkness a request for the records in forma pauperis, and
appeal any denial through the courts. There are other significant records bills elsewhere, so Ill
draft one petition for all of them.
Until then, kindly provide the cost for the each individual record below, so that I can make an
informed choice.
Mr. Bauer
201300541 - complainant: Gillespie
ACAP 14-2445 - Evans (no public documents)
201400144 - complainant: Wilson
Mr. Rodems
ACAP 14-9913 - Gillespie
ACAP 14-14506 - Francis (no public documents)
Mr. Barker
201490116 - Gillespie
ACAP 14-14302 - Gillespie
Mr. Castaoliuolo
201211345 - Bessler (previously provided, no new documents per Lawyer Regulations)
201310162 - Gillespie (Provided by the Tampa office)
201310922 - Volpe
ACAP 14-14243 - Tomaso (no public documents)
Thank you in advance for the courtesy of a response.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop Telephone: (352) 854-7807
Ocala, Florida 34481 Email: neilgillespie@mfi.net
Enclosures
651 East Jefferson Street, Tallahassee, FL 32399-2300 (850) 561-5600 FAX: (850) 561-9405 www.floridabar.org

The Florida Bar
John F. Harkness, Jr.
Executive Director
651 East Jefferson Street, Tallahassee, FL
32399-2300
850-561-5600
www.FLORIDABAR.org
J une 23, 2014

Neil J . Gillespie
8092 SW 115th Loop
Ocala, Florida 34481

Public Records Request CCOL-9KWJ X8

ESTIMATE INVOICE

Description Quantity Estimate Unit Price Fee Estimate
Clerical Time 17.00 hours $13.39/hr $227.63

TOTAL $227.63

**Make checks payable to The Florida Bar. Please remit copy of estimate with payment**
**Request will be cancelled if payment is not received within 30 days**

Remit Payment To: The Florida Bar
Cash Receipts
651 E. J efferson St.
Tallahassee, FL 32399-2300

Records Management
Attn: J enny R. J olinski


(Fla.R.Jud. Admin 2.420(m)(3) and Florida Statute 119.07(4)(d) authorize and establish
fees applicable to the production of public records for inspection or copying within the
judicial branch.)

Neil Gillespie
From: "J enny J olinski" <J J olinski@flabar.org>
To: "Neil Gellespie" <neilgillespie@mfi.net>
Sent: Thursday, J une 26, 2014 10:18 AM
Attach: Letter to Chief J ustice Polston.pdf; Polston Letter - 2nd Accounting of ADA Compliance.pdf;
Gillespie.pdf
Subject: Public Record Request - CCOL-9KWJ X8(Gillespie) - 2014-06-06
Page 1of 2
7/16/2014
Dear Mr. Gillespie,
I am responding to requested fro your June 6, 2014 request per Rule 2.420 Florida Rules of Judicial
Administration and applicable law. Please send correspondence related to this request to my attention.


Your Request:
Record request item 1c asks for a progress report from The Florida Bar,
1c. Records of the approval by the entire Florida Supreme Court to develop and implement a
protocol for Bar-related activities at all levels to ensure compliance with all ADA and access
requirements. We request The Florida Bar to report its progress to this court 60 days from this date and
each 60 days thereafter until the directed protocol is implemented.

The Public Information Department provided the following records in response to your request.

Your Request

I [Gillespie] believe Mr. Paul F. Hill, General Counsel, is the ADA Coordinator for The Florida Bar.
Kindly provide records showing the duties and responsibilities of Mr. Hill as ADA Coordinator for The
Florida Bar, and the qualifications, education and skills required for the position.

If The Bar has a medically qualified person to review or consult on disability accommodation requests,
records identifying the person, records showing the duties and responsibilities of the person, and records
of the qualifications, education and skills required for the position.

Mr. Paul Hill, General Counsel, indicates that he has no responsive records regarding your request.

Your Request

1A. Bar complaints against Robert W. Bauer, Bar ID 11058
3. This is a request for records about, showing or explaining,

C. Discipline or complaints for Ryan Christopher Rodems, Bar ID 947652
D. Discipline or complaints for William J ohn Cook, Bar ID 986194
E. Discipline or complaints for Chris A Barker, Bar ID 885568

G. Discipline or complaints for Eugene P. Castagliuolo, Bar ID 104360

Our Lawyer Regulation Department indicates that there are no public records for William John Cook.


The Lawyer Regulation Department estimates that it will require approximately 17 hours to collect,
review and redact, if required, the records you have requested. I have attached an estimate of fees.
Fla.R.Jud. Admin 2.420(m)(3) and Florida Statute 119.07(4)(d) authorize and establish fees applicable
to the production of public records for inspection or copying within the judicial branch. Before the
records you have requested can be produced and delivered, it will be necessary for you to remit the fee
indicated on the enclosed estimate. Any amount in excess of the actual cost when the work is
performed will be returned to you

There are 11 inquiries, complaints, or cases on the list. Of that list, 5 are complaints and cases in
which you are the complainant. Three are inquiries in which no complaint was filed and consequently
there are no public documents. And you have been provided 2013-10,922 (Castagliuolo) previously.
Further, the bar disposes of files that are closed by bar counsel or a grievance committee without a
finding of probable cause, one year after the date the files were closed. Per Rule 3-7.1, Rules
Regulating the Florida Bar, files now pending at the initial staff or grievance committee levels of
investigation are confidential.

If we have not received a response from you within 30 days, this request will be closed.

Regards,


Jenny R. Jolinski, CRM CDIA+
Records Manager,
The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399-2300
850-561-5708
Jjolinski@flabar.org

Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar
regarding Bar business may be considered public records, which must be made available to anyone upon
request. Your e-mail communications may therefore be subject to public disclosure.
Page 2of 2
7/16/2014

Neil Gillespie
From: "J enny J olinski" <J J olinski@flabar.org>
To: "Neil Gillespie" <neilgillespie@mfi.net>
Sent: Thursday, J une 26, 2014 2:12 PM
Subject: Re: Public Record Request - CCOL-9KWJ X8(Gillespie) - 2014-06-06
Page 1of 4
7/16/2014
Mr. Gillespie:

Here are the list of inquiries, complaints and cases as you requested. In 5, you are the complainant; 3
were inquiries resulting in no public documents; and the balance are indicated below.
Mr. Bauer
201300541 - complainant: Gillespie
ACAP 14-2445 -Evans (no public documents)
201400144 - complainant: Wilson

Mr. Rodems
ACAP 14-9913 - Gillespie
ACAP 14-14506 - Francis (no public documents)

Mr. Barker
201490116 - Gillespie
ACAP 14-14302 - Gillespie

Mr. Castaoliuolo
201211345 - Bessler (previously provided, no new documents per Lawyer Regulations)
201310162 - Gillespie (Provided by the Tampa office)
201310922 - Volpe
ACAP 14-14243 - Tomaso (no public documents)

Regards,

Jenny R. Jolinski, CRM CDIA+
Records Manager,
The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399-2300
850-561-5708
Jjolinski@flabar.org

Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar
regarding Bar business may be considered public records, which must be made available to anyone upon
request. Your e-mail communications may therefore be subject to public disclosure.




From: "Neil Gillespie" <neilgillespie@mfi.net>
To: "Jenny Jolinski" <JJolinski@flabar.org>
Cc: "John F Harkness" <jharkness@flabar.org>, "Neil Gillespie" <neilgillespie@mfi.net>
Date: 06/26/2014 12:45 PM
Subject: Re: Public Record Request - CCOL-9KWJX8(Gillespie) - 2014-06-06



J enny R. J olinski, CRM CDIA+
Records Manager, The Florida Bar
Dear Ms. J olinski,
Thank you for your response. The amount on the invoice, $227.63, is well beyond my ability to pay. The
invoice does not show a basis for $227.63 other than "17.00 hours" x $13.39 per hour. Okay, I will file
with Mr. Harkness a request for the records in forma pauperis, and appeal any denial through the courts.
There are other significant records bills elsewhere, so Ill draft one petition for all of them.
You wrote "There are 11 inquiries, complaints, or cases on the list." Please provide the list.
Depending what the list shows, I may modify my request in the interim. Records for Mr. Rodems are top
priority, follows by records for Mr. Bauer, a referral from The Bar. Thank you.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Phone: 352-854-7807
Email: neilgillespie@mfi.net
----- Original Message -----
From: J enny J olinski
To: Neil Gellespie
Sent: Thursday, J une 26, 2014 10:18 AM
Subject: Public Record Request - CCOL-9KWJ X8(Gillespie) - 2014-06-06

Dear Mr. Gillespie,
I am responding to requested fro your June 6, 2014 request per Rule 2.420 Florida Rules of Judicial
Administration and applicable law. Please send correspondence related to this request to my attention.


Your Request:
Record request item 1c asks for a progress report from The Florida Bar,
1c. Records of the approval by the entire Florida Supreme Court to develop and implement a
protocol for Bar-related activities at all levels to ensure compliance with all ADA and access
requirements. We request The Florida Bar to report its progress to this court 60 days from this date and
each 60 days thereafter until the directed protocol is implemented.

The Public Information Department provided the following records in response to your request.

Your Request
Page 2of 4
7/16/2014

I [Gillespie] believe Mr. Paul F. Hill, General Counsel, is the ADA Coordinator for The Florida Bar.
Kindly provide records showing the duties and responsibilities of Mr. Hill as ADA Coordinator for The
Florida Bar, and the qualifications, education and skills required for the position.

If The Bar has a medically qualified person to review or consult on disability accommodation requests,
records identifying the person, records showing the duties and responsibilities of the person, and records
of the qualifications, education and skills required for the position.

Mr. Paul Hill, General Counsel, indicates that he has no responsive records regarding your request.

Your Request

1A. Bar complaints against Robert W. Bauer, Bar ID 11058
3. This is a request for records about, showing or explaining,

C. Discipline or complaints for Ryan Christopher Rodems, Bar ID 947652
D. Discipline or complaints for William J ohn Cook, Bar ID 986194
E. Discipline or complaints for Chris A Barker, Bar ID 885568

G. Discipline or complaints for Eugene P. Castagliuolo, Bar ID 104360

Our Lawyer Regulation Department indicates that there are no public records for William John Cook.


The Lawyer Regulation Department estimates that it will require approximately 17 hours to collect,
review and redact, if required, the records you have requested. I have attached an estimate of fees.
Fla.R.Jud. Admin 2.420(m)(3) and Florida Statute 119.07(4)(d) authorize and establish fees applicable
to the production of public records for inspection or copying within the judicial branch. Before the
records you have requested can be produced and delivered, it will be necessary for you to remit the fee
indicated on the enclosed estimate. Any amount in excess of the actual cost when the work is
performed will be returned to you

There are 11 inquiries, complaints, or cases on the list. Of that list, 5 are complaints and cases in
which you are the complainant. Three are inquiries in which no complaint was filed and consequently
there are no public documents. And you have been provided 2013-10,922 (Castagliuolo) previously.
Further, the bar disposes of files that are closed by bar counsel or a grievance committee without a
finding of probable cause, one year after the date the files were closed. Per Rule 3-7.1, Rules
Regulating the Florida Bar, files now pending at the initial staff or grievance committee levels of
investigation are confidential.

If we have not received a response from you within 30 days, this request will be closed.

Regards,


Jenny R. Jolinski, CRM CDIA+
Page 3of 4
7/16/2014
Records Manager,
The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399-2300
850-561-5708
Jjolinski@flabar.org

Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar
regarding Bar business may be considered public records, which must be made available to anyone upon
request. Your e-mail communications may therefore be subject to public disclosure.
Page 4of 4
7/16/2014
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