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Date of Issue: March 31, 2010

For the record

March 10 was the date of the original request from Michael Barfield for e-mail records from Commissioner Harry Stoltzfus.

Stoltzfus produced 97 records on March 11, writing, “This should do it.”

He provided 897 pages of records on March 19 and an e-mail saying, “This is it.”

He produced 1,262 pages of records March 22 and another e-mail saying, “That is it.”

Stoltzfus now has been requested to provide records in their native electronic format — as previously requested and required by Florida statutes — by 5 p.m. March 29.

Stoltzfus’ possible legal entanglements:

1. Violation of Florida statute section 119.07, and city policy relating to the retention of public records. Stoltzfus sent and received public records on his private e-mail account and did not forward them to the city until asked to do so.

2. Violation of section 119.07 for unreasonably delaying his response to the public records request first made March 10.

3. Violation of Florida statute, chapter 286, by failing to disclose ex-parte communications sent or received relating to a quasi-judicial matter. The statute requires a public official to disclose certain information involving quasi-judicial matters, and there were no such disclosures by Stoltzfus.

4. Knowing use of a liaison or conduit to solicit opinions and information from another member of the city commission.

5. Ethics provisions relating to offering money on behalf of another party to secretly finance a lawsuit against the city.

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