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41 .� <br /> f t Martln County <br /> trey j. � �, Currents <br /> STFebruary 2014 <br /> � - <br /> -1r r� - N, P.1 <br /> Martin County C retrieved emails from the public email a ndments,which will be heard by an <br /> s1 <br /> database referencing Lake point,so they a inistrative law judge beginning <br /> Commission Chair expanded their February 2013 public Ap . 14 in Stuart. <br /> records request to include Heard's emails acific Legal Foundation attorney <br /> Sarah Heard may from her home computer,as well as her C stina Martin sent a letter Jan. 14 to <br /> learn on Monday, notes during the Jan.15,2013,county all ve Martin County commissioners, <br /> commission meeting,and her calendar of Coty Administrator Taryn Kryzda <br /> Feb.24,if a judge will compel her to appointments for the previous year.Their an, <br /> n County Attorney Michael Durham <br /> submit to a deposition regarding miss- request has been expanded again to in- sa g that PLF was tipped off about <br /> ing emails from her private email ac- ;° clude text messages with Hurchalla. ^a eptions of public records violations" <br /> count.Attorne for the Lake Point Ma Heard informed Lake Point that her in a lawsuit between Martin County <br /> ys Maggy Hurchalla Sarah Heard email account had been"hacked,"thus a landowner Lake Point. <br /> Water Restoration Project in western <br /> Martin County asserted in motions filed she could.not provide them all the According to the letter,"The plain- <br /> the 19th Circuit Court that Heard's se- mentDepartment staff provided infor- Poinrowth Manage- t req es ed Hwere eard's permission on toe fs'Motion to Inspect Electronic <br />De- <br /> incret correspondence with former com- mation to the county commission in a access her Yahoo account Heard re- cesoli to Determine if Evidence has been <br /> missioner Maggy Hurchalla regarding public meeting and in staff memos in tained a private attorne . poliated suggests that various commis- <br /> Lake Point are public records that January 2013 that apparently verified y Toners have used private email accounts <br /> should have been preserved. Lake Point's stance against Hurchalla's thehearingFeb.24 at he Marwill tin County public reside at to reco ds have <br /> nobbusiness,and these <br /> Heard's private attorney,Scott Zap- claims,including that no wetlands had Courthouse to determine if Lake Point posted on the county's t ublice records <br /> preserved, <br /> polo,contended in a protective order he been destroyed and that there was no may depose Heard.■ �' p <br /> filed in Palm Beach County last August evidence its rock pits were deeper than website,and in some instances they have <br /> that Heard's private emails are not public 20 feet,as required by the county's Com- been altered or improperly manipulated. <br /> record,that she is not a party to Lake prehensive Growth Management Plan. "If the statements contained in the mo. <br /> Point's case against former CountyCom- 1 tion are accurate,Pacific Legal Foundation <br /> The staff also produced a copy of the Martin County's missioner Maggy Hurchalla,and that her 2008 Martin County resolution reclassi- is concerned about how such <br />conduct im- <br /> service provider,Yahoo,cannot release fying Lake Point from a residential handling of public Plicates Martin County landowners,their <br /> any information regarding a private ac- housing development Lake Point ability to freely access the government on <br /> count unless it's part of a verified,official Ranches,to a public works project that records has come important Property rightsissues,and their <br /> criminal investigation,which this is not. Commissioner Fielding said,"wasn't ability to access government records with- <br /> Much of Zappolo's motion was de- worth the paper it is written on." under scrutiny by out a fear that such records will be manip- <br /> nied by a Palm Beach County judge,and Following the county's resolution, a Sacramento-based public affairs law �aTheir public ted or yords request was for <br /> Heard was ordered to produce all her the Lake Point project was designated gn firm,the Pacific Legal Foundation,and meeting transcripts and emails pertaining <br /> 'mail correspondence with Hurchalla.If part of the Northern Estuary Everglades also led to charges being filed against to the county's forgiveness of court-or- <br /> 'he was unable e s eneeded <br /> accordingto g Martin Countyfor tortious interference dered fees and sanctions for the Martin <br /> Restoration Program. <br /> :ourt records,then she needed to verify According to court records,Lake Point , <br /> ler actions in her failed attempts to re- attorneys discovered that Heard had been (interfering with a company's ability to County County Conservation Alliance,all <br /> grieve the requested,private emails from routinely using her private,Yahoo ac- do business). commissioners'calendars,phone calls <br /> ier personal computer. count to conduct coup business as they After Martin County took no action and text messages,public and private, <br /> ' ey over the past year to fulfill the Lake used to conduct public business from <br /> Point Water Restoration Project's public Nov 1,2012 to the resent;payments <br /> records request for public and private made to Mag <br /> ggyy H Via, <br /> ginia <br /> emails between County Commissioners "Ginny"Sherlock,Howard Heims,or <br /> and former Commissioner Maggy Hur- their firm,over the past 5 years;all docu- <br /> challa that referenced the Lake Point menu in which Maggy Hurchalla is men- <br />