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STEVEN MIRO
EXPEDITED TREATMENT
Plaintiff, REQUIRED BY STATUTE
v.
CITY OF MIAMI
Defendant.
_______________________________________/
Plaintiff Steven Miro hereby sues Defendant City of Miami to enforce the Public Records
Act (the “Act”), Section 119 of the Florida Statutes, and requests an immediate hearing pursuant
1. Plaintiff Steven Miro is a citizen and resident of Miami-Dade County, Florida and
2. Defendant City of Miami is the custodian of records for the documents at issue. It
is subject to the Public Records Act. It is the City’s sole responsibility to maintain, search for
Statutes.
4. All conditions precedent, if any, have been satisfied. Extensive pre-suit, written
correspondence was sent by Miro to the City requesting the documents requested in the public
records request.
KAPLAN YOUNG & MOLL PARRÓN, 600 Brickell Avenue, Suite 1715, Miami, Florida 33131, 305.330.6090
www.kymplaw.com
Count I – Immediate Access to Public Records
6. On November 27, 2018, a written, web (internet based) request was made to the
City of Miami under the Act. See Exhibit A. The request was authorized by the Plaintiff. It was
2
KAPLAN YOUNG & MOLL PARRÓN, 600 Brickell Avenue, Suite 1715, Miami, Florida 33131, 305.330.6090
www.kymplaw.com
4. All text messages (from any phone) between or
among (i) Anthony Barcena, (ii) Jesus Suarez,
(iii) Mara Roman, (iv) Gisela Maestre, (v) Joe
Carollo, and/or (vi) Richard Blum that concern
City of Miami business in any way and that were
sent or received at any point between May 20,
2018 and June 20, 2018.
3
KAPLAN YOUNG & MOLL PARRÓN, 600 Brickell Avenue, Suite 1715, Miami, Florida 33131, 305.330.6090
www.kymplaw.com
8. The City has produced a limited number of documents but its document
production but has been woefully deficient. The City has intentionally slow-walked and
10. For example, Miro is aware that Carollo sent a written memo to the City Manager
requesting that the City Manager terminate Miro. The City Manager refused and sent a memo
back to Carollo indicating as such. There is written documentation concerning this. These
11. Over nine weeks after making the request, the City has produced virtually no
13. The City has refused to provide any firm date for the production of the responsive
14. To this day, the Plaintiff does not know whether the Defendant has produced all
responsive documents to the public records request. By all accounts, the City has not produced
all responsive documents and does not even know what responsive documents exist.
15. The City is systematically violating the Act by not maintaining public records.
16. Accordingly, the City has violated the Act by failing to produce a public record
Plaintiff Steven Miro requests judgment entered in his favor and against the City of
Miami by declaring the City to be in violation of the Act, to enter a mandatory injunction and/or
4
KAPLAN YOUNG & MOLL PARRÓN, 600 Brickell Avenue, Suite 1715, Miami, Florida 33131, 305.330.6090
www.kymplaw.com
a writ of mandamus 1 ordering the City to produce the requested documents immediately, award
attorneys’ fees, costs and expenses, and any further relief this Court deems proper.
Respectfully submitted,
1
In previous PRR lawsuits, the City has argued that a “Complaint” is not the appropriate
pleading to compel compliance with the Act but rather only a writ of mandamus. Plaintiff
disputes this contention, but in an abundance of caution, and to placate the City of Miami,
Plaintiff alternatively requests entry of a writ of mandamus requiring compliance.
5
KAPLAN YOUNG & MOLL PARRÓN, 600 Brickell Avenue, Suite 1715, Miami, Florida 33131, 305.330.6090
www.kymplaw.com
1/31/2019 Request 18-1997 - NextRequest - Modern FOIA & Public Records Request Software
O Request #18-1997
OPEN
ENT
As of January 31, 2019, 8:57am
Details
2. All text messages or emails (from any phone or any email account of any
kind) sent to or received by (i) Anthony Barcena, (ii) Jesus Suarez, (iii) Mara
Roman, (iv) Gisela Maestre, (v) Joe Carollo, and/or (vi) Richard Blum that refer
or relate to Steven Miro in any way. (Cell phone numbers for these
individuals can be provided to the City upon request).
3. All text messages or emails (from any phone or any email account of any
kind) sent to or received by (i) Anthony Barcena, (ii) Jesus Suarez, (iii) Mara
Roman, (iv) Gisela Maestre, (v) Joe Carollo, and/or (vi) Richard Blum that refer
or relate to any investigation by any federal, state or local prosecutor in any
way. (Cell phone numbers for these individuals can be provided to the City
upon request).
4. All text messages (from any phone) between or among (i) Anthony Barcena,
(ii) Jesus Suarez, (iii) Mara Roman, (iv) Gisela Maestre, (v) Joe Carollo, and/or
(vi) Richard Blum that concern City of Miami business in any way and that
were sent or received at any point between May 20, 2018 and June 20, 2018.
5. All policies or procedures (whether currently or formerly in place) concerning
City employees and commissioners use of text messages and/or private
email accounts (such as Hotmail.com) to conduct City of Miami business.
6. All policies or procedures the City of Miami has in place (and/or has ever had
in place) to obtain City of Miami public records stored on the cell phone or
private email account (such as Hotmail.com) of City employees and
commissioners.
7. All documents relating to the City’s response to Joe Carollo’s public records
request made on June 7, 2018. (To clarify, please note that this request is not
requesting documents responsive to the request made by Carollo, but rather
documents relating to the City’s response to and handling of the request).
Read less
Received
November 27, 2018 via web
EXHIBIT A
https://miami.nextrequest.com/requests/18-1997 1/4
1/31/2019 Request 18-1997 - NextRequest - Modern FOIA & Public Records Request Software
Departments
Documents
Sta
Point of Contact
Stephanie Schloss-Sassi
Timeline
FW Request.msg
FW PRR 18-1201.msg
MX-M266N_20181105_112328.pdf
December 18, 2018, 11:04am
https://miami.nextrequest.com/requests/18-2063
December 18, 2018, 10:35am
https://miami.nextrequest.com/requests/18-827#
December 18, 2018, 10:34am
https://miami.nextrequest.com/requests/18-1600
December 18, 2018, 10:27am
https://miami.nextrequest.com/requests/18-1272
December 18, 2018, 10:26am
https://miami.nextrequest.com/requests/18-2021
December 18, 2018, 10:25am
https://miami.nextrequest.com/requests/18-1823
December 18, 2018, 10:24am
https://miami.nextrequest.com/requests/18-521
December 18, 2018, 10:23am
https://miami.nextrequest.com/requests/18-1997 3/4
1/31/2019 Request 18-1997 - NextRequest - Modern FOIA & Public Records Request Software
https://miami.nextrequest.com/requests/18-1201
December 18, 2018, 10:22am
https://miami.nextrequest.com/requests? lter=18-980
December 18, 2018, 10:20am
Re Miro termination.msg
December 5, 2018, 7:07pm
https://miami.nextrequest.com/requests/18-1997 4/4