STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS RESPONDENT S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

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1 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS FLORIDA STATE COLLEGE AT JACKSONVILLE, Petitioner, Case No.: TTS v. CELINE MCARTHUR, Respondent. / RESPONDENT S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS COMES NOW the Respondent, CELINE MCARTHUR, by and through her undersigned counsel, and propounds this First Request for Production of Documents to Petitioner, FLORIDA STATE COLLEGE AT JACKSONVILLE. All documents responsive to this Request should be produced for inspection and copying purposes pursuant to the directions and instructions contained below. DEFINITIONS AND INSTRUCTIONS A. This request for documents is addressed to Petitioner, its officers, executives, directors, managers, supervisors, agents or attorneys. If the requested documents are known to Petitioner to exist, but are not in the possession, custody or control of Petitioner, its officers, executives, directors, managers, supervisors, agents or attorneys, Petitioner shall so indicate or produce documents that show the name of the person or entity having custody of such documents and the location of the documents. B. The term "document" as used in these requests includes the following, whether printed or reproduced by any process, or written or produced by hand, and

2 whether or not claimed to be privileged or otherwise excludable from discovery, namely: computer tapes, disks, drums, memory cores, or other computer media; computer printouts or other lists; itineraries; correspondence; communication of any nature; telegrams; memoranda including internal memoranda and memoranda to the file; notebooks of any character; charts; summaries or records of personal conversations; notes of telephone conversations; calendars; diaries or excerpts therefrom; logs; routing slips or memoranda; reports; publications; photographs; minutes or records of meetings; transcripts of oral testimony or statements; reports or summaries of interviews; written statements; affidavits; reports or summaries of investigations; agreements and contracts, including all modifications or revisions thereof; reports or summaries of negotiations; court papers; brochures; pamphlets; press releases; drafts of, revisions of drafts, or translations of any document; tape recordings; dictation recordings and belts; videotapes; data compilations; or all tangible items. Any document with marks on any sheet or side thereof, including by way of illustration only and not by way of limitation, initials, stamped indicia, any comment or any notation of any character and not a part of the original text, or any reproduction thereof, is to be considered a separate document for purposes of this request. "Document" also includes any copy of an original document if the original is unavailable. C. As used in these requests, "you" or "Petitioner" refers to FLORIDA STATE COLLEGE AT JACKSONVILLE, or all of its predecessors or successors and to each person who, with respect to the subject matter of the request, was or is acting on its behalf, including any consultants, experts, investigators, agents or other persons acting on its behalf. 2

3 D. As used in these requests, "person" shall mean and include a natural person, political subdivision, individual, partnership, firm, corporation, or any kind of business, or legal entity, its agents or employees. E. As used in these requests, "employee" shall mean any person employed by Petitioner in a managerial, supervisory or non-supervisory position. F. As used in these requests, "relate to" shall mean refers or pertains to, reflects, is in any way logically or factually connected with or may afford any information regarding or concerning the matters discussed. G. By "personnel file" is meant not only applications for employment, evaluations, and all documents commonly kept in some central place or file and called by that name or something similar, but also such documents as memoranda and letters exchanged with the person and those exchanged with other persons but relating to the person; position or job description; correspondence with any state employment commission and correspondence with any other state employment service relating to the person; records of oral and other discipline accorded the person; records of all communications with other employers relating to the person; polygraph examination results and reports relating to the person; investigative files and reports relating to or substantially relating to the person; employee benefits designation forms; forms indicating person to contact in an emergency; and all other documents relating to or substantially relating to the person. H. If any document responsive to any request has been lost, mutilated or destroyed, so state and identify each such document, provide the date the document was 3

4 lost, mutilated or destroyed, and state to which request(s) the document would have been responsive. I. If there are no documents in your possession, custody or control which are responsive to a particular request, so state and identify such request. J. If any document falling within any description contained in any of the following requests is withheld under claim of privilege, Petitioner as part of its response shall serve upon the undersigned attorney for Respondent a written list of the withheld documents, including the following information as to each such item: (1) its date; (2) the name(s) of the person(s) who drafted, authored or prepared it; (3) the document's title; (4) the name(s) of the person(s) to whom it was addressed or intended; (5) its subject matter; (6) the name of each person to whom the item or any copy or reproduction thereof was ever directed, addressed, sent, delivered, mailed, given or in any other manner disclosed; and (7) a statement of the ground or grounds on which each such document is considered to be privileged from production. K. All requests for documents are continuing in nature so as to require Petitioner seasonably to supplement or amend its responses thereto. II. TIME AND PLACE OF PRODUCTION You are requested to produce the documents designated in Part III hereof at the offices of Archibald J. Thomas, III, P.A., Suite 255, Quadrant I, 4651 Salisbury Road, Jacksonville, FL 32256, within the period provided by law. III. DOCUMENTS TO BE PRODUCED 1. College President Steven Wallace s complete signed contract, and any 4

5 other document describing and including the details regarding all aspects of his compensation including, but not limited to,: base salary, incentive compensation, annuities, health benefits for Steven Wallace and members of his family (medical, dental and related expense accounts and allowances), life insurance policies and contributions, non-medial allowances, housing, automobile expenses (including maintenance and car washing expenses including receipts for the last two year period), memberships, technology, any other products, services and financial advantages and compensation, and the current value of his leave time. 2. All communications and other documents (including investigations and findings) regarding and related to Steven Wallace s accrued sick leave that was transferred to accrued vacation leave and then returned to sick leave within the last two year period. This request includes, but is not limited to, all s and other relevant documents related to the this issue. 3. All documentation (including, but not limited to, s and internal reports) regarding audit findings of overpayments of former administrators totaling $87,098 or any other sum in excess of $5,000. This includes, but is not limited to, any communications to and from the auditors, the former administrators and FSCJ Cabinet members. 4. All of Celine McArthur s s from March 28, 2012 to present that are currently contained on any electronic storage device including, but not limited to, the official backup server. 5. Any s or other correspondence sent from the College to members of 5

6 the public who are not employed by Florida State College at Jacksonville regarding Celine McArthur s suspension with pay, suspension without pay, or termination. This includes correspondence relating to the media coverage that began on April 27, All s to and from Steven Wallace (CEO@fscj.edu and steven.wallace@fscj.edu), Jeanne Miller, Christine Arab, Tracy Pierce, Susan Lehr, Don Green and Steve Bowers from March 26, 2012 to the present related to any claims or defenses in this matter that are currently contained on any electronic storage device including, but not limited to, the official backup server utilized by Florida State College at Jacksonville. 7. All information regarding FSCJ s investigation into the conflict of interest allegations brought forth by auditors and media surrounding Donald Green s dual employment and accusations of double-dipping. This includes, but is not limited to, names of the people who launched the investigation, names of any outside parties consulted in this investigation, all documents that were reviewed for the investigation, the dates that the investigating parties met to discuss the case, all s related to this investigation, and the official findings of the investigation. This information includes any work from outside legal counsel. 8. All payments, expenses, receipts, reimbursements and related records, documents and s for the College President and FSCJ Cabinet s annual retreats for the years 2009, 2010, 2011, and Documents identifying all technology and other electronic and communications devices (and current location) provided to Steven Wallace and his family from 2009-present. This includes, but is not limited to, desktop computers, laptop 6

7 computers, ipads and other brands of tablets, recording devices, video capturing devices, televisions, stereos, portable stereo devices, cell phones and satellite phones. Please include the FSCJ tracking numbers for those that are tagged by the College. 10. All reimbursements to President Steven Wallace for the past three years made by Florida State College Jacksonville. 11. All reimbursements to Steven Wallace from Florida State College at Jacksonville s Foundation (Florida State College Foundation, Inc.), for the past three year period. 12. All documents reflecting all reimbursements to Steven Wallace from Florida State College at Jacksonville s Foundation (Florida State College Foundation, Inc.), for the past three year period. 13. All travel records and expenditures (including, but not limited to, receipts and credit card records) for Steven Wallace in the past three years, including all documentation, if any, related to whether said records and expenditures were related to Florida State College at Jacksonville business or otherwise. 14. All travel records (including, but not limited to, receipts and credit card records) for Donald Green in the past three years, including all documentation, if any, related to whether said records and expenditures were related to Florida State College at Jacksonville business or otherwise. 15. All travel records (including but not limited to receipts and credit card records) for Rob Rennie in the past three years, including all documentation, if any, related to whether said records and expenditures were related to Florida State College at Jacksonville business or otherwise. 7

8 16. All receipts, expenditures and checks drawn from the Cultivation/Hospitality budget for the Florida State College Foundation, Inc., in the past three year period. 17. Documents reflecting a list and description of all restricted accounts in the Florida State College Foundation, Inc All documents reflecting Expenses and Revenue for the Virtual Cruise for 19. All P-card records from College President s Office Staff: Patti Williams, Project Coordinator; Kim Sodek, DBOT Support Specialist; Jeffie Woodham, Secretary; Shirley Hendley, Administrative Assistant, from 2009 to the present. 20. All documents reflecting all payments to and justifications or reasons for said payments (project outlines) to the McCormick Agency from 2010 to the present. 21. Documents regarding all expenditures (including copies of original, signed receipts) for the River Club and Epping Forest for 2009 through the present. 22. All documents regarding all expenditures and receipts related to the th alcohol purchased and stored in the 4 floor Administrative Offices of Florida State College at Jacksonville. 23. All documents reflecting all instructional, training and other related documents provided for the DBOT. DBOT. 24. All documents regarding any training seminars and events attended by 25. All s, training materials, internal reviews, audits and other related 8

9 communications regarding federal financial and grant appeals for students from January 1, 2010 to present. 26. Copies of all video productions from Strategic Communications (formerly Community Relations) from August 1, 2009 to March 26, Audio recordings of the March, April and May 2012 DBOT meetings. 28. All documents reflecting the approximate number of letters mailed by FSCJ to students regarding federal financial aid and grant appeals including copies of all mailing receipts. 29. All documents regarding travel arrangements, itineraries, receipts, leave forms and all related s and documents and justifications for the travel of Steven Wallace that prevented him from attending the 2012 FSCJ Graduation on Saturday, May 5, All documents Petitioner contends are related to any of the factual allegations set forth in the Petition herein. 31. All documents Petitioner contends are relevant to any of the factual allegations set forth in Respondent s Response to the Petition herein. 32. Copies of all exhibits that will be utilized for any purpose at the hearing of this matter. 33. All documents provided to Respondent by Petitioner prior to March 28, 2012, that are related in any way to Respondent s job performance. 34. All documents reflecting all costs related to the IT Leadership 9

10 Conferences from 2009 to the present. This includes receipts, invoices and reimbursements. This also includes all costs, invoices and supporting documentation for the post-event festivities, party and/or reception. 35. A copy of the Florida State College at Jacksonville s contract(s) with Flightstar Aircraft Services. 36. A copy of the Florida State College at Jacksonville s contract(s) with Eurofins Scientific. 37. All documents reflecting travel arrangements, itineraries, receipts, leave forms and all related s, documents and business justifications for the trip or trips Steven Wallace has taken to The United Arab Emirates during his tenure at Florida State College at Jacksonville. 38. All documents reflecting the total amount of money spent by Florida State College at Jacksonville on Apple Products and services during the fiscal years. This request includes all purchases that were routed through purchasing and IT and all purchase orders issued to Apple in this time frame. This request includes, but is not limited to, all documentation that lists the individual products and costs. (All invoicing). 39. All plans (facilities included) submitted to the State Board of Education for its review of the creation of the Academic Success Centers at Florida State College at Jacksonville. 40. All documents (including reviews, recommendations, approvals) provided to FSCJ from the State Board of Education regarding the development (including construction) of the Academic Success Centers at Florida State College at Jacksonville. 41. All documents (including invoices) regarding the creation of the music 10

11 nd studio on the 2 floor of the Administrative Offices (then called the Martin Center) circa All documents regarding the dismantling of the above-mentioned music nd studio on the 2 floor of the Administrative Offices (then called the Martin Center). 43. All documents supporting the allegations set forth in Paragraph 10a of the 44. All documents supporting the allegations set forth in Paragraph 10b of the 45. All documents supporting the allegations set forth in Paragraph 10c of the 46. All documents supporting the allegations set forth in Paragraph 10d of the 47. All documents supporting the allegations set forth in Paragraph 10e of the 48. All documents supporting the allegations set forth in Paragraph 10f of the 49. All documents supporting the allegations set forth in Paragraph 10g of the 50. All documents supporting the allegations set forth in Paragraph 10h of the 11

12 Respectfully submitted, ARCHIBALD J. THOMAS, III, P.A. Suite 255, Quadrant I 4651 Salisbury Road Jacksonville, FL (904) (Telephone) (904) (Facsimile) thomas@job-rights.com Archibald J. Thomas, III Florida Bar No Attorneys for Respondent CERTIFICATE OF SERVICE I HEREBY CERTIFY that the original of Respondent s First Request for Production of Documents has been furnished to Kevin E. Hyde, Esquire, Foley & Lardner, LLP, One Independent Drive, Suite 1300, Jacksonville, FL 32202; and a copy has been furnished to Jeanne Miller, Esquire, Office of General Counsel, Florida State College at Jacksonville, 501 West State Street, Suite 403, Jacksonville, FL by U.S. Mail delivery this 14th day of May, Attorney 12