After Folio's deadline, the Florida Senate issued a ukase about the $557,000+ doled out to three law firms: "The monies that have been paid are final and there will be no refunds."
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Sign here, ma'am Here's $900,000 of tax money, but you'll never work in Tallahassee again!That's how Florida State Senate President William Saint "Bill" Galvano (R-Hillsborough/Manatee) settled a U.S. Equal Employment Opportunity Commission case. It alleged repeated sexual battery and harassment by Florida State Senate Appropriations Committee Chair Jack Latvala (R-Pasco/Pinellas), committed against Rachel Perrin Rogers, longtime chief legislative aide to Senator Wilton Simpson (R-Citrus/Hernando/Pasco).Latvala's sexual misconduct was exposed in 2017 by Politico, which reported rude, crude, demeaning, degrading public behavior directed at six women.Latvala was described by Congressman Matt Gaetz (R-FL-1) as "an absolute hound."Latvala allegedly:
- Offered women lobbyists legislation in exchange for sex.
- Touched and made comments on women's body parts, at the Capitol and in private clubs (at least one has rules banning reporters).
Senate Appropriations Chair Latvala resigned in 2017, deciding not to run for Governor. FDLE investigated, but Latvala's escaped criminal prosecution (so far). Now one alleged Latvala victim, Rachel Perrin Rogers, is rightly getting $900,000 of tax money, but she is contractually forbidden to apply for or work in any Florida Senate job. The settlement effectively ends Ms. Rogers Tallahassee political career. Ms. Rogers, her lawyer, Senators and their lawyers won't answer questions. "The settlement speaks for itself," Florida State Senate General Counsel Jeremiah Hawkes told me.
Saying he desires to "move forward," Florida Senate President Galvano approved the $900,000 settlement, avoiding a trial and open public court testimony by Tallahassee politicos about louche, loutish, libidinous Latvala's routine habits and practices toward women staffers and lobbyists."Moving forward?" Exactly where, Senator?In October, emitting a half-baked "state's rights" argument, Florida Senate sued the United States of America EEOC in a Strategic Lawsuit Against Public Participation (SLAPP), asserting Eleventh Amendment "sovereign immunity" from the 1991 Government Employee Rights Act. The Florida Senate vowed to go the Eleventh Circuit Court of Appeals when Judge Hinkle said he thought he lacked jurisdiction. Florida Senate paid three Big Law firms some $557,871.42 to litigate before an EEOC Administrative Law Judge and federal courts. The Florida Senate's SLAPP case was dismissed as moot last month after the $900,000 settlement, now final. Taxpayers paid GrayRobinson, P.A. $91,178.57, and paid two international law firms, 1300-lawyer Holland & Knight LLP $260,240.08 and 2000+lawyer Sidley Austin $206,452.77. Two of those law firms lobby the legislature, creating potential conflicts of interests/loyalties. Senate General Counsel Jeremiah Hawkes wrote me, ""The monies that have been paid are final and there will be no refunds." Harrumph.
What''s next?
Our Florida Senate must act to:
- Force Latvala to pay for the $900,000 settlement and nearly $600,000 legal bills. (Latvala's net worth is reportedly $7.4 million)
- Reject the settlement clause barring Ms. Rogers from ever applying/working with the Florida State Senate again.
- Hold public hearings.
- Apologize to Ms. Rogers and other victims.
Otherwise, there's NO remedy for Tallahassee's toxic, hostile work environment. (As Bill Clinton said, "A right without a remedy is simply a suggestion.")Why this matters:
- It's our money.
- It's our government.
- Extirpating sex discrimination and ending hostile working environments is a fundamental human right.
Yale Law Professor Owen M. Fiss wrote a 1984 article, "Against Settlement," arguing some cases are so important they require trials, not settlements. (What if Brown v. Board of Education were settled, without precedent?).James Madison wrote, "Knowledge will forever govern ignorance ... a people who mean to be their own governors, must arm themselves with the power knowledge gives. A popular government without popular information or the means of acquiring it, is but a prologue to a farce or a tragedy or perhaps both.” In 1992, 3.8 million Floridians voted to amend our state constitution to guarantee open records and meetings.
Federal fora exist to remedy dysfunctional organizations -- like lawbreaking police departments, workplaces, schools and prisons. That's what happened in NOW Legal Defense Fund's landmark 1991 Robinson v. Jacksonville Shipyards case, in which federal judge Howell Webster Melton, a St. Augustine resident, empowered women workers and transformed another grab-ass workplace with intense remedial scrutiny.
In contrast, the $900,000 "cash-and-go" Rogers settlement leaves Florida's State Senate unreformed, "unwhipped of justice."Discrimination victims have a right to a non-hostile working environment.But when there's a toxic, hostile working environment, employment lawyers counsel their clients not to go back to work if harassment would persist.At Oak Ridge National Laboratory, a clerical worker reviewing decades-old environmental paperwork was retaliated against for asking questions. Some 125 clerical employees were working in inappropriate office space, on top of the radioactive, toxic remains of ORNL's Molten Salt Reactor Experiment -- never decontaminated or decommissioned, causing radioactive criticality and fluorine release risks to employees. The victim agreed to a cash settlement and never to reapply for a.job with the government contractor ever again (listing some 150+ subsidiaries worldwide). Why? Reinstatement to a radioactive snakepit would not work.Last year, the Senate unanimously adopted flawed new harassment rules -- criticized by sexual harassment experts -- involving referrals to two committees.Despite Politico's reporting and the #Me Too movement, will our Florida State Senate remain a toxic, hostile, radioactive working environment, a snakepit for ethical employees?Would you want your sister to work there?A public Senate committee hearing is required, e.g., to determine who authorized the Senate's indecent demand that Ms. Rogers never apply jobs work or work for Florida's Senate ever.Rather than thank, praise and promote Ms. Rogers -- and remedy Florida Senate's toxic hostile working environment -- Florida Senate's cynical settlement treats Ms. Rogers like a leper, shaming the victim and providing a "lettuce poultice."My document requests were met with delay and a demand for $404.69 by the settlement's signer, Florida Senate General Counsel Jeremiah Hawkes, 41, a failed candidate for county court judge, whom the Florida Bar website currently predicts will be President of the Florida Police Lawyers Association until "2030." Jeremiah Hawkes worked for Pasco County Sheriff Chris Nocco and was Florida House General Counsel under then-Speaker Marco Antonio Rubio, now U.S. Senator. Jeremiah Hawkes' brother, Joshua, a 2014 law graduate, was House Speaker Richard Corcoran-appointed member of Florida's Ethics Commission from July 13 to October 17, 2018, resigning after 96 days after receiving an Ethics Commission subpoena.Jeremiah and Joshua Hawkes are sons of Tallahassee lobbyist Paul M. Hawkes, former Chief Judge of the First District Court of Appeals in Tallahassee, against whom ethics charges were dismissed as "moot" after he resigned over a $49 million "Taj Mahal" courthouse. (Florida's Supreme Court reserved jurisdiction if Hawkes ever becomes a judge again). Paul Hawkes was a prosecutor, a Republican legislator from Citrus County, a top staffer to Gov. Jeb Bush and two Republican House speakers (Daniel Webster and Thomas Feeney), and a friend of Education Commissioner Richard Corcoran, who appointed Hawkes' son, Joshua, to Florida's Ethics Commission. Paul Hawkes' lobbying clients include Big Sugar, utility monopolies, Florida Court Clerks/Comptrollers, Florida Conference of District Court of Appeal Judges, County Court Judges, Florida Medical Association, the Florida Public Defenders, Florida State University Foundation, Shands Hospital, insurance companies, cities, school boards, and the greyhound racing industry.In Tallahassee, who will speak for Florida State Legislature employees?You tell me.How about us?
An investigative reporter and former attorney for ethical employees, founding editor of the Appalachian Observer in Clinton, Tennessee, holding governments accountable for 40 years, Ed Slavin blogs from St. Augustine. www.edslavin.com, www.gofundme.com/edslavin; easlavin@aol.com
-----Original Message-----
From: Ed Slavin
To: wgalvano
Sent: Fri, Jan 18, 2019 2:17 pm
Subject: Re: Holland & Knight, Sidley Austin and GrayRobinson role in $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- More Than $557,000 in Legal Bills to Florida Senate
Dear Senator Galvano and Ms. Vickers:
Florida Senate General Counsel JEREMIAH MAHLON HAWKES' rote incantation of F.S. 44.405 is misplaced:
The 2018 Florida Statutes
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|
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com
-----Original Message-----
From: Ed Slavin
To: wgalvano; galvano.bill.web ; vickers.lisa
Sent: Fri, Jan 18, 2019 2:03 pm
Subject: Re: Holland & Knight, Sidley Austin and GrayRobinson role in $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- More Than $557,000 in Legal Bills to Florida Senate
From: Ed Slavin
To: wgalvano
Sent: Fri, Jan 18, 2019 2:03 pm
Subject: Re: Holland & Knight, Sidley Austin and GrayRobinson role in $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- More Than $557,000 in Legal Bills to Florida Senate
Dear Senate President Galvano and Ms. Vickers:
1. Florida Senate General Counsel JEREMIAH MAHLON HAWKES just sent me an impertinent e-mail, inter alia bragging about the oath of omertà he claims to have extracted, on your behalf, from both Florida Senators and the Florida Senate's three (3) lavishly-paid, unaccountable, conflicted, outside corporate law firms, stating "no further comment," and "the monies that have been paid are final and there will be no refunds."
1. Florida Senate General Counsel JEREMIAH MAHLON HAWKES just sent me an impertinent e-mail, inter alia bragging about the oath of omertà he claims to have extracted, on your behalf, from both Florida Senators and the Florida Senate's three (3) lavishly-paid, unaccountable, conflicted, outside corporate law firms, stating "no further comment," and "the monies that have been paid are final and there will be no refunds."
2. Mr. HAWKES lacks a welcoming spirit. He sounds like a rude robot. Will you please coach and counsel Mr. HAWKES about our constitutional Right to Know?
3. Our First Amendment and Article I, Section 24 of our Florida Constitution are the controlling legal authorities, NOT Mr. HAWKES' "whim of iron."
4. Has Governor DeSantis, his Chief Inspector General or the Auditor General examined these $557,000+ "final ... no refunds" legal bills from Holland & Knight, Sidley Austin and GrayRobinson? Has any Senate committee examined them?
_____ Yes_____ No
5. Please call me today to discuss Mr. HAWKES' maladroit mendacity, and to answer my questions (below).
6. Will the Florida Senate seek restitution from Jack Latvala for the $1.457 million cost of his sexual battery to date?
_____ Yes_____ No
7. There is NO work product doctrine protection and NO attorney-client privilege for government attorneys. NONE.
8. We have a constitutional right to report on Senate sexual battery without obstructionism by Senate General Counsel JEREMIAH MAHLON HAWKES.
9. Please send us our records. Now.
10. IF I wish to file a complaint against Mr. Hawkes, freighted with animus toward First Amendment protected activity, who has created a hostile working environment, to whom should I report Mr. Hawkes today under Florida Senate rules?
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com
-----Original Message-----
From: Hawkes, Jeremiah
To: Ed Slavin
Cc: Betta, Katherine; PublicRecordsRequests
Sent: Fri, Jan 18, 2019 1:00 pm
Subject: RE: Holland & Knight, Sidley Austin and GrayRobinson role in $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- More Than $557,000 in Legal Bills to Florida Senate
From: Hawkes, Jeremiah
To: Ed Slavin
Cc: Betta, Katherine
Sent: Fri, Jan 18, 2019 1:00 pm
Subject: RE: Holland & Knight, Sidley Austin and GrayRobinson role in $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- More Than $557,000 in Legal Bills to Florida Senate
Mr. Slavin:
1. You have been provided with a response regarding the settlement. I appreciate you would like more communication on this issue but the President has no further comment. The attorneys retained by the Senate have not been authorized to comment and will not be responding to you.
2. The monies that have been paid are final and there will be no refunds.
3. Neither party can (sic) discuss or provide documents from the mediation other than the settlement agreement. Florida Statute 44.405 provides for all mediation communications to be confidential.
4. You have been quoted a price for your public records request. If you would like to cancel that request and make a new one you may do so. We are not going to parse (sic) your request however.
5. You may address any further public records requests to PublicRecordsRequests@flsenate.gov or you may call 850-487-5260. Please be aware that individual senators, outside counsel, and other senate staff just pass your requests on to the public records manager and will not respond to them. Other government agencies have nothing to do with Senate records.
6. Your requests will be dealt with in a timely fashion. There are other public record requests and other people the Senate has to respond to.
Thank you-Jeremiah Hawkes, Senate General Counsel
From: Ed Slavin
Sent: Thursday, January 17, 2019 6:20 PM
To: gtodd@sidley.com; dfeith@sidley.com; tara.price@hklaw.com; george.meros@hklaw.com; christine.gay@hklaw.com; mike.haag@gray-robinson.com
Cc: georgio@folioweekly.com; sheltonhull@gmail.com; mary@womensmarchfl.org; Simpson, Wilton; Hutson, Travis (Web) ; Gibson, Audrey ; Brown, Debbie ; rddesantis@yahoo.com; judgelitt10@gmail.com; tomcushman@bellsouth.net; sheplaw@att.net; campbellj@leoncountyfl.gov; tiffany@fa-lawyers.com; Betta, Katherine ; wgalvano@grimesgoebel.com; Galvano, Bill (Web) ; Hawkes, Jeremiah ; Vickers, Lisa ; PublicRecordsRequests ; Perez, Michelle ; mross@wjct.org; waltbog@nytimes.com
Subject: Holland & Knight, Sidley Austin and GrayRobinson role in $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- More Than $557,000 in Legal Bills to Florida Senate
Sent: Thursday, January 17, 2019 6:20 PM
To: gtodd@sidley.com; dfeith@sidley.com; tara.price@hklaw.com; george.meros@hklaw.com; christine.gay@hklaw.com; mike.haag@gray-robinson.com
Cc: georgio@folioweekly.com; sheltonhull@gmail.com; mary@womensmarchfl.org; Simpson, Wilton
Subject: Holland & Knight, Sidley Austin and GrayRobinson role in $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- More Than $557,000 in Legal Bills to Florida Senate
Good evening:
1. Please call me to discuss your three law firms' role in billing the Florida Senate and filing a SLAPP suit against EEOC, at a cost to taxpayers of more than $557,000.
1. Please call me to discuss your three law firms' role in billing the Florida Senate and filing a SLAPP suit against EEOC, at a cost to taxpayers of more than $557,000.
2. Have you discussed credits or refunds?
3. Please see questions below.
4. It's our money.
Thank you.
With kindest regards, I am,
-----Original Message-----
From: bradatz` <easlavin@aol.com>
To: BETTA.KATHERINE <BETTA.KATHERINE@flsenate.gov>; BETTA.KATHERINE <BETTA.KATHERINE@flsenate.gov>; wgalvano <wgalvano@grimesgoebel.com>; galvano.bill.web <galvano.bill.web@flsenate.gov>; hawkes.jeremiah <hawkes.jeremiah@flsenate.gov>; vickers.lisa <vickers.lisa@flsenate.gov>; PublicRecordsRequests <PublicRecordsRequests@flsenate.gov>; PEREZ.MICHELLE <PEREZ.MICHELLE@flsenate.gov>; PublicRecordsRequests <PublicRecordsRequests@flsenate.gov>
Sent: Thu, Jan 17, 2019 4:54 pm
Subject: Re: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
From: bradatz` <easlavin@aol.com>
To: BETTA.KATHERINE <BETTA.KATHERINE@flsenate.gov>; BETTA.KATHERINE <BETTA.KATHERINE@flsenate.gov>; wgalvano <wgalvano@grimesgoebel.com>; galvano.bill.web <galvano.bill.web@flsenate.gov>; hawkes.jeremiah <hawkes.jeremiah@flsenate.gov>; vickers.lisa <vickers.lisa@flsenate.gov>; PublicRecordsRequests <PublicRecordsRequests@flsenate.gov>; PEREZ.MICHELLE <PEREZ.MICHELLE@flsenate.gov>; PublicRecordsRequests <PublicRecordsRequests@flsenate.gov>
Sent: Thu, Jan 17, 2019 4:54 pm
Subject: Re: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
Dear Senator Galvano, Ms. Vickers, Mr. Hawkes and Ms. Betta:Dear Ms. Betta:
1. Where are your manners?
1. Where are your manners?
2. The Florida Senate lacks a welcoming spirit, toward women employees, whistleblowers and First Amendment protected activity and rights secured by Article I, Section 24 of our Florida Constitution.
3. Please send PDFs or link to previously-redacted Special Master report. Today.
4. Since the Senate's facetious cost estimate is based on redacting Special Master report records already redacted for other requesters, it is inoperative.
5. Please answer my questions, below.
6. Please respond to my records requests.
7. Kindly send me the records on the Senate's SLAPP suit against EEOC in federal court. Today. There's nothing to redact. It's already on PACER.gov.
Thank you.
With kindest regards, I am,
-----Original Message-----
From: Betta, Katherine <BETTA.KATHERINE@flsenate.gov>
To: Ed Slavin <easlavin@aol.com>
Cc: PublicRecordsRequests <PublicRecordsRequests@flsenate.gov>
Sent: Thu, Jan 17, 2019 9:42 am
Subject: RE: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
From: Betta, Katherine <BETTA.KATHERINE@flsenate.gov>
To: Ed Slavin <easlavin@aol.com>
Cc: PublicRecordsRequests <PublicRecordsRequests@flsenate.gov>
Sent: Thu, Jan 17, 2019 9:42 am
Subject: RE: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
Mr. Slavin,
The Senate has issued a reasonable cost estimate for the records you are requesting, and offered to provide additional, previously-redacted records as well. I discussed all of these matters with you at length last night. We have no further comments to offer.
Thank you,
Katie
From: Ed Slavin <easlavin@aol.com>
Sent: Thursday, January 17, 2019 9:29 AM
To: Betta, Katherine <BETTA.KATHERINE@flsenate.gov>; wgalvano@grimesgoebel.com; Galvano, Bill (Web) <GALVANO.BILL.WEB@flsenate.gov>; Hawkes, Jeremiah <Hawkes.Jeremiah@flsenate.gov>; Vickers, Lisa <VICKERS.LISA@flsenate.gov>; PublicRecordsRequests <PublicRecordsRequests@flsenate.gov>; Perez, Michelle <PEREZ.MICHELLE@flsenate.gov>
Cc: georgio@folioweekly.com; sheltonhull@gmail.com; mary@womensmarchfl.org; Simpson, Wilton <SIMPSON.WILTON@flsenate.gov>; wgalvano@grimesgoebel.com; Galvano, Bill (Web) <GALVANO.BILL.WEB@flsenate.gov>; Hawkes, Jeremiah <Hawkes.Jeremiah@flsenate.gov>; Hutson, Travis (Web) <HUTSON.TRAVIS.WEB@flsenate.gov>; Gibson, Audrey <GIBSON.AUDREY@flsenate.gov>; Brown, Debbie <BROWN.DEBBIE@flsenate.gov>; Perez, Michelle <PEREZ.MICHELLE@flsenate.gov>; rddesantis@yahoo.com; judgelitt10@gmail.com; gtodd@sidley.com; dfeith@sidley.com; tara.price@hklaw.com; george.meros@hklaw.com; christine.gay@hklaw.com; tomcushman@bellsouth.net; sheplaw@att.net; campbellj@leoncountyfl.gov; tiffany@fa-lawyers.com; waltbog@nytimes.com
Subject: Re: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
Sent: Thursday, January 17, 2019 9:29 AM
To: Betta, Katherine <BETTA.KATHERINE@flsenate.gov>; wgalvano@grimesgoebel.com; Galvano, Bill (Web) <GALVANO.BILL.WEB@flsenate.gov>; Hawkes, Jeremiah <Hawkes.Jeremiah@flsenate.gov>; Vickers, Lisa <VICKERS.LISA@flsenate.gov>; PublicRecordsRequests <PublicRecordsRequests@flsenate.gov>; Perez, Michelle <PEREZ.MICHELLE@flsenate.gov>
Cc: georgio@folioweekly.com; sheltonhull@gmail.com; mary@womensmarchfl.org; Simpson, Wilton <SIMPSON.WILTON@flsenate.gov>; wgalvano@grimesgoebel.com; Galvano, Bill (Web) <GALVANO.BILL.WEB@flsenate.gov>; Hawkes, Jeremiah <Hawkes.Jeremiah@flsenate.gov>; Hutson, Travis (Web) <HUTSON.TRAVIS.WEB@flsenate.gov>; Gibson, Audrey <GIBSON.AUDREY@flsenate.gov>; Brown, Debbie <BROWN.DEBBIE@flsenate.gov>; Perez, Michelle <PEREZ.MICHELLE@flsenate.gov>; rddesantis@yahoo.com; judgelitt10@gmail.com; gtodd@sidley.com; dfeith@sidley.com; tara.price@hklaw.com; george.meros@hklaw.com; christine.gay@hklaw.com; tomcushman@bellsouth.net; sheplaw@att.net; campbellj@leoncountyfl.gov; tiffany@fa-lawyers.com; waltbog@nytimes.com
Subject: Re: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
Dear Senator Galvano, Ms. Vickers, Mr. Hawkes and Ms. Betta:
1. On deadline for Folio Weekly.
2. Please call me ASAP this morning to discuss items A, B,C,D,E and questions F-1-30, in my January 17, 2019, 7:51 AM e-mail, below.
3, Law firm bills for the Florida Senate's misguided SLAPP suit against EEOC would presumably contain nothing redactable, so please send them immediately. Now, please.
4. Please waive any fees for redaction of anything, as the release of the requested information is in the public interest in Florida Senate sexual battery litigation.
5. As Bill Clinton said in his Second Inaugural, "Nothing great was ever accomplished by being small."
Thank you.
With kindest regards, I am,
-----Original Message-----
From: Betta, Katherine <BETTA.KATHERINE@flsenate.gov>
To: Ed Slavin <easlavin@aol.com>
Cc: PublicRecordsRequests <PublicRecordsRequests@flsenate.gov>; Hawkes, Jeremiah <Hawkes.Jeremiah@flsenate.gov>; Perez, Michelle <PEREZ.MICHELLE@flsenate.gov>; Betta, Katherine <BETTA.KATHERINE@flsenate.gov>
Sent: Thu, Jan 17, 2019 8:46 am
Subject: RE: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
From: Betta, Katherine <BETTA.KATHERINE@flsenate.gov>
To: Ed Slavin <easlavin@aol.com>
Cc: PublicRecordsRequests <PublicRecordsRequests@flsenate.gov>; Hawkes, Jeremiah <Hawkes.Jeremiah@flsenate.gov>; Perez, Michelle <PEREZ.MICHELLE@flsenate.gov>; Betta, Katherine <BETTA.KATHERINE@flsenate.gov>
Sent: Thu, Jan 17, 2019 8:46 am
Subject: RE: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
Mr. Slavin,
Good Morning. Ms. Perez will provide you with a copy of the redacted Special Master Report.
As I explained on the phone last night, the itemized invoices and other documents you requested are required by Florida law to be reviewed and redacted prior to release. The Senate has provided a reasonable extensive use fee with regard to these documents.
I have attached a copy of the settlement agreement and a statement on the agreement from President Galvano is below. The Senate has no further comment on this matter.
“The settlement dismisses any and all claims made against the Florida Senate.
“From the time the complaint was first filed with the EEOC in September, the Administrative Law Judge recommended mediation as a solution that would bring a more timely resolution to what had already become a protracted and public employment matter. President Galvano believed the matter would continue to negatively impact the parties and distract from the important work of the Senate, while legal fees mounted for all involved. For those reasons, President Galvano authorized the recent meditation which led to the settlement. The settlement brings this matter to a conclusion that allows both parties to move forward.”
Please let Ms. Perez know if you would like to move forward with the extensive use fee and we will begin working to review and redact the requested documents.
Thank you!
Katie
From: Ed Slavin <easlavin@aol.com>
Sent: Thursday, January 17, 2019 7:51 AM
To: Betta, Katherine <BETTA.KATHERINE@flsenate.gov>
Subject: Re: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
Sent: Thursday, January 17, 2019 7:51 AM
To: Betta, Katherine <BETTA.KATHERINE@flsenate.gov>
Subject: Re: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
Dear Ms. Betta:
Thank you.
A. What was the total dollar value for the GrayRobinson, Sidley Austin and Holland & Knight legal bills for Florida Senate v. EEOC SLAPP lawsuit in federal courts -- please send engagement letters and all itemized bills for all work by the three firms, with no redactions for the SLAPP litigation against EEOC.
B. Please upload the already-redacted Special Master's report, and other already-redacted documents, to the Senate's website for viewing by all Florida residents. Please send me the link.
C. Senate General Counsel Jeremiah Hawkes told me yesterday, that the "settlement speaks for itself." What did he mean by that?
D. How many hours of Senate General Counsel's office lawyer(s)' time was devoted to these cases, 2017-date, at what total cost in salaries and benefits?
E. Please respond to my outstanding requests today and e-mail responsive documents in PDFs or upload it all to Senate website,
F. Kindly answer today:
1. Are these three total dollar totals below for GrayRobinson, Sidley Austin and Holland & Knight inclusive of investigators, special master(s), surveillance, and security for the victim? If not, please state those costs in a revised e-mail.
2. In light of the Me_Too# movement, what does the Florida Senate plan to do to extirpate discrimination and sexual assault and to atone for and apologize to sexual battery and harassment victims?
3. Please send a copy of the Florida Senate's correspondence with and invoice(s) to former Senate Appropriations Committee Chair Jack Latvala, billing him for nearly $1,457,871.42 ($900,000 settlement plus legal invoices from GrayRobinson, Sidley Austin and Holland & Knight law firms).
4. If no such invoice has been sent Jack Latvala yet please state whether the Senate rules would permit a resolution to require sending a bill and filing a legal action for restitution, and whether Senator Galvano is considering filing such a resolution or sending such an invoice.
5. Please send a list of the staff or Senators who authorized, funded and approved the Florida Senate SLAPP suit against EEOC. Please send all document(s) on that litigation today.
6. Please send all Senate committee hearing transcript(s), committee report(s) or minority reports supporting or opposing 2018 Senate rule changes on harassment complaints.
7. Please send legal advice to Senate giving a menu of alternative actions, including close supervision to end hostile working environment, as in Robinson v. Jacksonville Shipyards case.
8. Please send copy of Florida Senate President apology to Jack Latvala's victim(s). If none exists, please explain why none has been made, and whether any Senate resolution of apology is pending or planned.
9. Please send a copy of any collective bargaining agreement(s) for Florida Senate employees.
10. Please send a copy of the Florida Senate Ombuds' charter -- if no such office exists, please explain why.
11. Please send a copy of any conflicts checks before the Florida Senate hired GrayRobinson, Sidley Austin, Holland & Knight in light of their lobbying and other work involving the State of Florida and Florida Senate.
12. What ethical considerations influenced hiring three statewide and international law/lobbying firms to represent the Florida Senate in a SLAPP lawsuit against EEOC?
13. Did anyone ever recommend other legal representation arrangements, or argue against hiring those firms, or against suing EEOC? Please send documents.
14. What contacts were made by Florida Senate and its law firms with Senators and members Congress, the Trump Administration or EEOC to influence the EEOC litigation? Please provide documents.
15. Please send a copy of the legal and ethics research and directive(s) to require victim never to apply or work for Florida Senate again.
16. Please send a copy of any pending resolution of disapproval of the clause requiring victim never to apply or work for Florida Senate again.
17. Please send copy of legal bills on the subject of media inquiries, PR strategy and Open Records requests on sexual harassment.
18. Please send documents by Senate or consultants reviewing each of the bills for some $557,871.42 spend in defense and SLAPP suit legal bills and approving it for payment, or questioning any part of it.
19. Have any of the three law firms discounted or refunded any of the money spent on the SLAPP lawsuit against EEOC and the defense of Latvala's sexual battery?
20. Please send total dollar value numbers for Florida Senate legal bills for all outside legal work, 2017-date. What percentage of outside legal spending by the Senate is accounted for by the Latvala case(s)?
21. Please explain what Senate President William Saint Galvano means by "moving forward" as a result of settlement?
22. Would you want your sister to work for the Florida Senate?
23. Are there any other lawsuits, administrative complaints or criminal investigations pending concerning sexual harassment or sexual battery in the Florida Senate? Please provide details/documents.
24. What changes to Florida law on sexual harassment are pending before the 2019 Florida Senate?
25. What changes to Senate rules are contemplated to make wrongdoing Senators or employees pay for the cost of settlements, judgments and legal fees?
26. What is Senator Galvano's response to Senator Wilton Simpson's reported concerns that the EEOC action by his chief legislative aide should have been settled sooner? https://www.tampabay.com/florida-politics/buzz/2019/01/08/florida-senate-should-have-settled-sexual-harassment-case-sooner-senator-says/
27. Why was Senator Wilton Simpson NOT involved in the settlement with his own chief legislative aide?
28. How can the Senate $900,000 settlement require Senator Simpson's chief legislative aide to resign and never to work for, or apply for work with, the Senate again without violating constitutional rights or Senatorial courtesy and comity?
29. Please identify every proponent and opponent of the settlement provisions against public policy banning the victim from working for or applying for work with the Senate, together with all memos leading to the adoption of this provision.
30. Please provide a list of every single one of the developers, property owners and other clients of Senator Galvano's law firm, Grimes Goebel Grimes Hawkins Gladfelter & Galvano, PL
Thank you.
With kindest regards, I am,
-----Original Message-----
From: Betta, Katherine <BETTA.KATHERINE@flsenate.gov>
To: Ed Slavin <easlavin@aol.com>
Sent: Wed, Jan 16, 2019 5:56 pm
Subject: RE: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
From: Betta, Katherine <BETTA.KATHERINE@flsenate.gov>
To: Ed Slavin <easlavin@aol.com>
Sent: Wed, Jan 16, 2019 5:56 pm
Subject: RE: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
Re-sending just in case….
From: Betta, Katherine
Sent: Wednesday, January 16, 2019 5:53 PM
To: 'Ed Slavin' <easlavin@aol.com>
Cc: Betta, Katherine <BETTA.KATHERINE@flsenate.gov>; PublicRecordsRequests <PublicRecordsRequests@flsenate.gov>; Hawkes, Jeremiah <Hawkes.Jeremiah@flsenate.gov>
Subject: RE: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
Sent: Wednesday, January 16, 2019 5:53 PM
To: 'Ed Slavin' <easlavin@aol.com>
Cc: Betta, Katherine <BETTA.KATHERINE@flsenate.gov>; PublicRecordsRequests <PublicRecordsRequests@flsenate.gov>; Hawkes, Jeremiah <Hawkes.Jeremiah@flsenate.gov>
Subject: RE: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
Mr. Slavin,
Thanks for taking my call earlier this evening.
From November 2017-December 2018, the Senate utilized outside counsel to advise President Negron and then President Galvano on legal matters related to the accusations against former Senator Latvala, the subsequent Rules complaint and special master investigation and the more recent representation before the EEOC and in federal court. The Senate’s own counsel, Mr. Hawkes and Ms. Letarte, represented the Senate in the mediation that led to the settlement.
As I explained to you on the phone, the totals for the cost of this representation are below.
GrayRobinson, P.A. $91,178.57
Holland & Knight LLP $260,240.08
Sidley Austin $206,452.77
Also, as I explained on the phone, the cost estimate you received was for the number of documents we believe Florida law would require the Senate to review and redact before release. We will review your requests again and determine if the Senate has any documents which have already been redacted that could be provided as a response to the requests.
I hope you have a pleasant evening,
Katie
From: Ed Slavin <easlavin@aol.com>
Sent: Wednesday, January 16, 2019 4:57 PM
To: Betta, Katherine <BETTA.KATHERINE@flsenate.gov>; Galvano, Bill (Web) <GALVANO.BILL.WEB@flsenate.gov>; wgalvano@grimesgoebel.com; Hawkes, Jeremiah <Hawkes.Jeremiah@flsenate.gov>; Vickers, Lisa <VICKERS.LISA@flsenate.gov>
Cc: georgio@folioweekly.com; sheltonhull@gmail.com; judgelitt10@gmail.com; mary@womensmarchfl.org; Hutson, Travis (Web) <HUTSON.TRAVIS.WEB@flsenate.gov>; Gibson, Audrey <GIBSON.AUDREY@flsenate.gov>; marylawrence@bellsouth.net; pat.gleason@myfloridalegal.com; sunshine@floridafaf.org; Stevenson, Cyndi <Cyndi.Stevenson@myfloridahouse.gov>; waltbog@nytimes.com
Subject: Re: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
Sent: Wednesday, January 16, 2019 4:57 PM
To: Betta, Katherine <BETTA.KATHERINE@flsenate.gov>; Galvano, Bill (Web) <GALVANO.BILL.WEB@flsenate.gov>; wgalvano@grimesgoebel.com; Hawkes, Jeremiah <Hawkes.Jeremiah@flsenate.gov>; Vickers, Lisa <VICKERS.LISA@flsenate.gov>
Cc: georgio@folioweekly.com; sheltonhull@gmail.com; judgelitt10@gmail.com; mary@womensmarchfl.org; Hutson, Travis (Web) <HUTSON.TRAVIS.WEB@flsenate.gov>; Gibson, Audrey <GIBSON.AUDREY@flsenate.gov>; marylawrence@bellsouth.net; pat.gleason@myfloridalegal.com; sunshine@floridafaf.org; Stevenson, Cyndi <Cyndi.Stevenson@myfloridahouse.gov>; waltbog@nytimes.com
Subject: Re: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
Dear Ms. Betta, et al.:
Please call me to discuss.
Please call me to discuss.
Thank you.
With kindest regards, I am,
-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: galvano.bill.web <galvano.bill.web@flsenate.gov>; wgalvano <wgalvano@grimesgoebel.com>; hawkes.jeremiah <hawkes.jeremiah@flsenate.gov>; vickers.lisa <vickers.lisa@flsenate.gov>
Sent: Wed, Jan 16, 2019 3:02 pm
Subject: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
From: Ed Slavin <easlavin@aol.com>
To: galvano.bill.web <galvano.bill.web@flsenate.gov>; wgalvano <wgalvano@grimesgoebel.com>; hawkes.jeremiah <hawkes.jeremiah@flsenate.gov>; vickers.lisa <vickers.lisa@flsenate.gov>
Sent: Wed, Jan 16, 2019 3:02 pm
Subject: $900,000 Sexual Battery Settlement and State Senate SLAPP Lawsuit Against EEOC -- Florida Senate Public Records Requests #19, #22 & #23
Dear Ms. Vickers, Mr. Hawkes and Senator Galvano:
1. Please help me get answers today to my questions on the $900,000 Florida Senate sexual battery settlement with Rachel Perrin Latvala and Florida Senate spending on legal defense, mediation and investigation, including the Senate's SLAPP lawsuit against EEOC.
2. Please help me get these records today -- I am on deadline for a Folio Weekly Magazine article. I've asked for records since January 4, 2019.
3. The Florida Senate lacks a welcoming spirit toward Open Records requests. It has not yet produced a single page of its records, and is attempting to euchre us out of $404.69. How gauche and louche.
4. Enough inculpatory delays from the Florida Senate.
5. As James Madison wrote, "“Knowledge will forever govern ignorance, and a people who mean to be their own governors, must arm themselves with the power knowledge gives. A popular government without popular information or the means of acquiring it, is but a prologue to a farce or a tragedy or perhaps both”
Thank you.
With kindest regards, I am,
-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: PublicRecordsRequests <PublicRecordsRequests@flsenate.gov>; galvano.bill.web <galvano.bill.web@flsenate.gov>; hawkes.jeremiah <hawkes.jeremiah@flsenate.gov>; wgalvano <wgalvano@grimesgoebel.com>
Cc: BETTA.KATHERINE <BETTA.KATHERINE@flsenate.gov>; BROWN.DEBBIE <BROWN.DEBBIE@flsenate.gov>; Hawkes.Jeremiah <Hawkes.Jeremiah@flsenate.gov>; PEREZ.MICHELLE <PEREZ.MICHELLE@flsenate.gov>; georgio <georgio@folioweekly.com>; mross <mross@wjct.org>; waltbog <waltbog@nytimes.com>
Sent: Wed, Jan 16, 2019 1:08 pm
Subject: Re: Public Records Request's (sic) #19, #22 & #23
From: Ed Slavin <easlavin@aol.com>
To: PublicRecordsRequests <PublicRecordsRequests@flsenate.gov>; galvano.bill.web <galvano.bill.web@flsenate.gov>; hawkes.jeremiah <hawkes.jeremiah@flsenate.gov>; wgalvano <wgalvano@grimesgoebel.com>
Cc: BETTA.KATHERINE <BETTA.KATHERINE@flsenate.gov>; BROWN.DEBBIE <BROWN.DEBBIE@flsenate.gov>; Hawkes.Jeremiah <Hawkes.Jeremiah@flsenate.gov>; PEREZ.MICHELLE <PEREZ.MICHELLE@flsenate.gov>; georgio <georgio@folioweekly.com>; mross <mross@wjct.org>; waltbog <waltbog@nytimes.com>
Sent: Wed, Jan 16, 2019 1:08 pm
Subject: Re: Public Records Request's (sic) #19, #22 & #23
Dear Senator Galvano and General Counsel Hawkes:
1. How much did the Florida Senate spend on the litigation?
2. Please waive any fees to answer this question or to provide these documents.
2. Please waive any fees to answer this question or to provide these documents.
Thank you.
With kindest regards, I am,
-----Original Message-----
From: PublicRecordsRequests <PublicRecordsRequests@flsenate.gov>
To: Ed Slavin <easlavin@aol.com>
Cc: Betta, Katherine <BETTA.KATHERINE@flsenate.gov>; Brown, Debbie <BROWN.DEBBIE@flsenate.gov>; Hawkes, Jeremiah <Hawkes.Jeremiah@flsenate.gov>; Perez, Michelle <PEREZ.MICHELLE@flsenate.gov>
Sent: Wed, Jan 16, 2019 11:46 am
Subject: Public Records Request's #19, #22 & #23
From: PublicRecordsRequests <PublicRecordsRequests@flsenate.gov>
To: Ed Slavin <easlavin@aol.com>
Cc: Betta, Katherine <BETTA.KATHERINE@flsenate.gov>; Brown, Debbie <BROWN.DEBBIE@flsenate.gov>; Hawkes, Jeremiah <Hawkes.Jeremiah@flsenate.gov>; Perez, Michelle <PEREZ.MICHELLE@flsenate.gov>
Sent: Wed, Jan 16, 2019 11:46 am
Subject: Public Records Request's #19, #22 & #23
Dear Mr. Slavin:
The Senate has been working to collect records to fulfill your public records requests, for the following information:
PRR#19
· “Please send me all of the documents on Rachel Perrin Rogers v. State Senator Jack Latvala, et al., involving a reported $900,000 EEOC settlement re: sexual harassment and retaliation by former State Senate Appropriations Committee Chair Jack Latvala. Please include all draft settlement agreements and documents on discussion and discussion between the parties, negotiations on the amount and terms of settlement, legal filings, analytical statements of position, briefs, EEOC and court investigative statements, affidavits, depositions, etc.”
PRR#22
“Please send me the complete set of your Florida State Senate General Counsel [Jeremiah Hawkes] hiring documents, including the job vacancy announcement to which you responded, showing where it was posted/advertised, and:
- your job application,
- your letters of recommendation/reference,
- any communications with your father, Paul Mahlon Hawkes, or any other lobbyists,
- your c.v./ resume,
- your undergraduate school transcript,
- your law school transcript,
- your published or unpublished writing samples,
- interview notes and videotapes,
- background and security clearance investigations,
- EEO/Affirmative Action search documents,
- interviewer evaluations of you and all other applicants, and
- the hearing record and minutes of the Florida State Senate subcommittee, committee and floor votes to hire you as General Counsel.
Please place in the subject line of all correspondence the title of this e-mail: Request No. 2019-14: Jeremiah Hawkes' job application, letters of recommendation, c.v./resume, law school transcript, background investigation, etc.”
PRR#23
“A. Please send me an Excel spreadsheet or other document(s) summarizing total Florida Senate expenditures on sexual harassment matters, 2017-date, and identifying the Appropriations accounting code(s) from which such sums are paid.
B. Please provide all related itemized legal bills and invoices on sexual harassment (and proof of payments, disputes, questions, audits, discounts, free legal work, or rejection of any of the billed hours and expenses).
C. Please provide all documents directing, instructing or authorizing the Florida Senate General Counsel to:
- retain outside counsel,
- choose Holland & Knight
- choose Sidley & Austin
- choose special masters
- choose mediators
- allege "irreparable harm" if there is an EEOC Administrative Law Judge (ALJ) hearing on sexual battery and harassment by Senator Jack Latvala,
- sue the United States of America and its Equal Employment Opportunity Commission (EEOC) to halt the January 14, 2019 ALJ hearing,
- issue gag order(s),
- attack or attempt to discredit Ms. Rachel Perrin Rogers, her counsel, other women alleging harassment, or EEOC,
- settle the Rogers v. Florida Senate EEOC Title VII case for $900,000
- require Ms. Rogers to resign her professional position with the Florida State Senate
- require Ms. Rogers, ex contractu, to never apply for work with our Florida Senate again
- write new Florida Senate rules on harassment or discrimination complaints.
D. Please provide all documents on any related administrative proceedings, criminal investigations and civil litigation relating to allegations of Florida Senate harassment,
E. Please provide all documents on any actual or contemplated actions by or against Ms. Rachel Perrin Rogers, the United States of America, the Equal Employment Opportunity Commission, et al., involving the Florida Senate and harassment and discrimination remedies.
F. Please include any detailed bills or invoices for Sidley & Austin, Holland & Knight, Ronald V. Swanson, or their associated vendors, companies or contractors, or from any other vendor, for professional, clerical or other services and associated fees, costs and expenses related to allegations of sexual harassment, 2017-date re: Florida Senate, including:
- special masters or magistrates
- trial litigators,
- appellate litigators
- paralegals
- law clerks
- criminal defense counsel
- IT and litigation consultants
- lobbyists
- crisis managers
- investigators
- opposition researchers
- surveillance and counter-surveillance (TSCM, etc.)
- Capitol and private security guards for Ms. Rachel Perrin Rogers, et al.
- mediators
- public relations
- payments to journalists
- strategic communications
- sensitivity trainers
- HR and EEOC law consultants
- consultants or staff drafters of new Senate rules re: harassment allegations
- potential testifying experts
- non-testifying experts, or
- jury consultants
G. Please send me the documents evaluating the possibility of billing or suing Jack Latvala for:
- the $900,000 settlement
- all defense-related costs
H. Please place in the title of any e-mails, "Ed Slavin Request No. 2019-15: Expenditures on Florida Senate sexual harassment matters, 2017-date"”
The search has generated 1,296 record results from Senate IT. Some public records requests are able to be fulfilled without a charge; however, a reasonable fee to recover the cost of production may be imposed when a public records request requires an extensive use of Senate resources to compile and produce the records. “Extensive use” is any public records request that requires more than two hours of Senate resources to review, process and/or redact confidential or exempt information. Voluminous records will be provided in an electronic format. Additional charges may apply where hardcopies of voluminous records are requested.
Attached, is the Extensive Use Fee Estimate Invoice for this public records request which is approximately $404.69. Please note that this is an estimate only and the cost involved could be more or less depending on the actual number of hours of worked and/or resources used to comply with this request.
We require a payment equaling 75% of the estimated cost prior to proceeding with processing the records. The remaining 25% is due prior to the release of the records. Funds received in excess of actual costs will be refunded to the requester.
Please advise how you would like to proceed with this request.
Sincerely,
Michelle
Michelle Perez
Public Records Manager
Office of the Senate General Counsel
302 The Capitol
404 South Monroe Street
Tallahassee, FL 32399-1100
Phone: (850) 487-5237
Fax: (850) 487-6444
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