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Wednesday November 21st 2018

CPA attorney Bistline stalls 119 request

My Response to Mr. Bistline & Canaveral Port Authority

Tuesday, Nov. 17, 2009 – Today, I expected to receive a reply from Canaveral Port Authority (CPA) CEO Stan Payne regarding my 119 request for access to public records.

"Popular government without popular information or the means of acquiring it, is but a prologue to a farce, or a tragedy, or perhaps both." - James Madison

"Popular government without popular information or the means of acquiring it, is but a prologue to a farce, or a tragedy, or perhaps both." - James Madison

Rather than contacting me directly, Mr. Payne wasted taxpayer time and money by unleashing the CPA’s highly-paid attorney, Mr. Harold Bistline, in an obvious attempt to dissuade and discourage my 119 request.

Mr. Bistline phoned me and attempted to use typical stalling tactics lawyers like to resort to when they’re stumped. I wasn’t provided access to any records, instead, I was told that my request would require an exhaustive amount of time and substantial amount in fees.

Mr. Bistline promised me only a statement about the request,  nonchalantly saying, “I will be presenting a letter in the next couple of days.”

In response to his dismissive attitude  I emailed Mr. Bistline the following:

Mr. Bistline,

The public is tired of the stalling. My request was made on Nov 13. Today is November 17. My request didn’t ask for an attorney to copy these pages. In fact, I never should have received a phone call from you, I should have heard from a member of the Canaveral Port Authority (CPA) staff, particularly, Mr. Payne or a member of the communications department. The Port Authority had more than adequate time, manpower and resources  to gather the requested information deemed “reasonable” under Florida Statute 119.07.

However, as you seem to need more time to learn the law, I will arrive at the Canaveral Port Authority offices to inspect the requested information, for the years 2000-2009, on Thursday, Nov 19 at 3:30 p.m. Again, I’m requesting an  inspection, not copies, of all emails and written communication per the below request I submitted last Friday, Nov. 13,2009:

This is a request under the Florida Public Records Law, Fla. Stat.Sec. 119.01 et seq.

I wish to inspect, examine and copy any information with regard to Ralph Kennedy’s communication with any Canaveral Port Authority entity or person or any other entity or person.

This information should include, but not be limited to, any notes, memos, letters, emails, recordings and calendar appointment notations by you or any Canaveral Port Authority employee, commissioner or designee.

If any part of my request is denied, please let me know immediately, pursuant to FS 119.07(2)(a), giving the specific statutory citation for the exemption(s) from disclosure which you assert to justify your failure to make the requested information available.

Also, please state, with particularity, the reasons for your conclusion that the record(s) is (are) exempt.

If you determine that any part of or all of the records which I am requesting are not public records subject to public inspection, please note that FS 119.07(2)(c) provides that you shall not dispose of those records for a period of 30 days after the date on which you receive this letter.

If you determine that some portions of the requested material are exempt, please immediately provide me with the portion you deem non-exempt, pursuant to FS 1l9.07(2)(a).

Understand that I may challenge any assertion that portions of the requested information are exempt, and I’ve noted my delivery of this request on BrevardWatchdogs.com, so the public is aware of this request.

There shouldn’t be a charge for me to access and inspect public records. Should I notice any sections within the records that I would like to copy, I will copy those respective sections at that time.

I demand a confirmation today before 5:00 p.m. The local media, and the Brevardwatchdogs.com’s now thousands of readers (and growing), will be copied on this request – and the public needs an immediate response! The public is demanding answers from the officials THEY elected and paid with THEIR tax dollars!

Mr. Bistline, if you truly support the U.S. Constitution and Florida’s laws, you’ll comply with this request. Otherwise, the commission is rendered a farce and the liberty of Brevard County’s residents is insecure. I demand this information, along with the citizens of this great county and state.

Matt O’Hern

“Popular government without popular information or the means of acquiring it, is but a prologue to a farce, or a tragedy, or perhaps both.” – James Madison

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