letter-george sheldon-candidate for florida attorney general

VIA UPS No. lZ64589FP295322281 October 21,2014

George H. Sheldon Candidate for Florida Attorney General George Sheldon Campaign www.GeorgeSheldon2014.com 133 North Monroe Street [email protected] Tallahassee, FL 32301

Pam Bondi failed to support, protect, and defend the U.S. & Florida Constitutions

Dear Mr. Sheldon,

Pam Bondi failed to answer my public records request of August 27, 2014, so I resent the enclosed request this week. A new records request to Pam Bondi and others is enclosed:

Provide records showing the authority relied upon to bind the Thirteenth Judicial Circuit, Florida in contract in the settlement ofa federal lawsuit, Neil J. Gillespie v. Thirteenth Judicial Circuit, Florida et aI., Case 5:10-cv-00503-WTH-TBS, U.S. District Court, Middle District ofFL, Ocala. The state of Florida defendants include:

Thirteenth Judicial Circuit, Florida Judge Claudia Rickert Isom Gonzalo B. Casares, ADA Coordinator Judge James M. Barton, II David A. Rowland, Court Counsel Judge Martha J. Cook

Bondi's breach of Oath ofOffice is official corruption that imposed Florida's Corruption Tax on me and violated my Florida constitutional rights set forth below.

Article I, Sec. 2 All natural persons...are equal before the law... including disabled persons... Article I, Sec. 9 No person shall be deprived oflife, liberty or property without due process Article I, Sec. 17 Excessive fines, cruel and unusual punishment...are forbidden ... Article I, Sec. 21 Access to courts.-The courts shall be open to every person for redress ofany injury, andjustice shall be administered without sale, denial or delay. Article I, Sec. 24 Access to public records and meetings...see SC14-163 7 and Bar Rule 1-14.1 Article II, Sec. 3 Branches ofgovernment.. .divided into legislative, executive andjudicial... Article II, Sec. 5(b) Public officers... to support, protect, and defend the US. & FL Constitution... Article II, Sec. 8 Ethics in government.-A public office is a public trust, right against abuse... Article IV, Sec. 4(b), The attorney general shall be the chiefstate legal officer.... Article V, Sec. 14(a) Alljustices andjudges shall be compensated only by state salaries... Article X, Sec. 13 Suits against the state, Provision made for bringing suit against the state...

Also enclosed, a 39 page con1posite of the unauthorized settlement, request to the U.S. Senate Judiciary Con1mittee, Nomination of Arthur Lee Bentley III for United States Attorney, the complaint in Gillespie v. Thirteenth Judicial Circuit, Florida et aI., 5: 1O-cv-00503-WTH-TBS, and a 97 page composite on my disability. Thank you. Wishing you all the best November 4th.

Sincerely,

Neil J. Gillespie 8092 SW 115th Loop Ocala Florida 34481

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TALLAHASSEE, FL, US 32301Left At: Met Customer Man

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N I N E T E E N T H S T A T E W I D E G R A N D J U R Y Page 3

We, the members of the Nineteenth Statewide Grand Jury, find that

public corruption continues to be an issue of great importance in all aspects of

government, politics, and business throughout the State. We have been asked

to address an enormous issue which is broad in scope and long in history. We

take on this challenge with sincere appreciation for the gravity of the

undertaking. We hope our words are heard and our recommendations are

followed. Better efforts to prevent and penalize corruption are necessary in

order to stop fraud, waste, and abuse of our State resources. Given the

serious fiscal limitations at all levels of government, anti-corruption efforts

must stop the theft and mismanagement of vital public funds. This

mismanagement and theft penalizes taxpayers by driving up the cost of all

government services. Therefore, we call for an immediate repeal of what can

only be referred to as Florida’s Corruption Tax.

The cadets at our nation’s military academies swear an oath to neither

lie, cheat, steal, nor tolerate those who do. There is no reason we should hold

our public officials to a lesser standard.

STATE OF FLORIDA

COUNTYOF__L~e~~ __

I, ~Q~ f:x JlO.d1' ,a citizen of the State of Florida and of the United States of America, being employed by or an officer of the Office of the Attorney General, Department of Legal Affairs and a recipient ofpublic funds as such employee or officer, do hereby solemnly swear or affinn that I will support the Constitution of the United States and of the State of Florida.

Sworn to (or affirmed) and subscribed before me this Icr day~, 20lL, by}f1me\a Ja ).....=.,..;.~...:...:.d....s.-;__

Print, Type, or Stamped Commissi ~

Personally Known OR Produced Identification _

Type of Identification Produced

PAM BONDI ATTORNEY GENERAL

STATE OF FLORIDA

11 JAN 18 Pf1 3: 50

OFFICE OF THE ATTORNEY GENERAL Human Resources

PL-o1 The Capitol Tallahassee, FL 32399-1050 Phone (850) 414-3300 Fax (850) 488-5106 http://www.myfloridalegal.com

Loyalty Oath_12-2010.doc

VIA UPS No. 1Z64589FP294356416 October 20, 2014

Hillsborough County Board of County CommissionersPublic Records CustodianCOUNTY CENTER601 E. Kennedy Blvd.Tampa, FL 33602

RE: Access to public records and meetings, Article I, Section 24, Florida Constitution.

Provide records showing the authority relied upon to bind the Thirteenth Judicial Circuit, Floridain contract in the settlement of a federal lawsuit, Neil J. Gillespie v. Thirteenth Judicial Circuit,Florida et al., Case 5:10-cv-00503-WTH-TBS, U.S. District Court, Middle District of FL, Ocala.

Provide records showing the authority relied upon to bind state of Florida, Hillsborough County,defendants in contract in the settlement of a federal lawsuit, Neil J. Gillespie v. ThirteenthJudicial Circuit, Florida et al., Case 5:10-cv-00503-WTH-TBS, U.S. District Court, MiddleDistrict of Florida, Ocala. The state defendants, Hillsborough County, include:

Thirteenth Judicial Circuit, FloridaGonzalo B. Casares, ADA Coordinator, and individuallyDavid A. Rowland, Court Counsel, and individuallyJudge Claudia Rickert Isom, Circuit Court Judge, and individuallyJudge James M. Barton, II, Circuit Court Judge, and individuallyJudge Martha J. Cook, Circuit Court Judge, and individually

Time is of the Essence in receiving the public records requested.

Sincerely,

Neil J. Gillespie8092 SW 115th LoopOcala, Florida

Telephone: (352) 854-7807Email: [email protected]

http://www.hillsboroughcounty.org/index.aspx?nid=118

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Tracking Number: 1Z64589FP294356416Service: UPS GroundWeight: 1.00 lbShipped/Billed On: 10/20/2014Delivered On: 10/21/2014 12:14 P.M.Delivered To: 601 E KENNEDY BLVD

1300TAMPA, FL, US 33602

Signed By: GALLOP

Left At: Office

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Chief Judge Manuel Menendez, Jr.Thirteenth Judicial Circuit Of Florida800 E. Twiggs StreetTampa, Florida 33602-3500


Chief Judge Manuel Menendez, Jr.:


Provide records showing the authority relied upon to bind state of Florida defendants in contractin the settlement of a federal lawsuit, Neil J. Gillespie v. Thirteenth Judicial Circuit, Florida etal., Case 5:10-cv-00503-WTH-TBS, U.S. District Court, Middle District of Florida, Ocala.

The state defendants include:


Under Article V, Section 2(d), Fla. Const., Chief Judge Menendez “[S]shall be responsible forthe administrative supervision of the circuit courts and county courts in his circuit.”.

F.S. § 43.26 Chief judge of circuit; selection; powers. (the complete statute is attached)(1) The chief judge of each judicial circuit, who shall be a circuit judge, shall exerciseadministrative supervision over all the trial courts within the judicial circuit and over the judgesand other officers of such courts.

Under Article II, Section 5(b), Fla. Const., Chief Judge Menendez swore an Oath of Office in theState of Florida on August 26, 2008, copy attached.


Sincerely,

Neil J. Gillespie Telephone: (352) 854-78078092 SW 115th Loop Email: [email protected], Florida

Select Year:

The 2014 Florida Statutes

Title VJUDICIAL BRANCH

Chapter 43COURTS: GENERAL PROVISIONS

View Entire Chapter

43.26 Chief judge of circuit; selection; powers.—(1) The chief judge of each judicial circuit, who shall be a circuit judge, shall exercise administrative

supervision over all the trial courts within the judicial circuit and over the judges and other officers of suchcourts.

(2) The chief judge of the circuit shall have the power:(a) To assign judges to any division of the court and to determine the length of the assignment;(b) To regulate use of courtrooms;(c) To supervise dockets and calendars;(d) To require attendance of state attorneys, public defenders, clerks, bailiffs, and all other officers of the

court; and(e) To do everything necessary to promote the prompt and efficient administration of justice in the courts

over which he or she is chief judge.(f) To delegate to the trial court administrator, by administrative order, the authority to bind the circuit in

contract.(g) To manage, operate, and oversee the jury system as provided in s. 40.001.(3) The chief judge shall be responsible to the Chief Justice of the Supreme Court for such information as

may be required by the Chief Justice, including, but not limited to, caseload, status of dockets, and dispositionof cases in the courts over which he or she presides.

(4) Failure of any judge, clerk, prosecutor, public defender, or other officer of the court to comply with anorder or directive of the chief judge under this section shall constitute neglect of duty for which such officermay be suspended from office as provided by law.

(5) There may be a trial court administrator who shall perform such duties as the chief judge may direct.(6) The chief judge of each circuit is charged by s. 2(d), Art. V of the Florida Constitution and this section

with the authority to promote the prompt and efficient administration of justice in the courts over which heor she is chief judge. The clerks of court provide court-related functions which are essential to the orderlyoperation of the judicial branch. The chief judge of each circuit, after consultation with the clerk of court,shall determine the priority of services provided by the clerk of court to the trial court. The clerk of courtshall manage the performance of such services in a method or manner that is consistent with statute, rule, oradministrative order.

History.—s. 1, ch. 71-214; s. 1, ch. 77-119; s. 260, ch. 95-147; s. 65, ch. 2003-402; s. 30, ch. 2005-236.

Copyright © 1995-2014 The Florida Legislature • Privacy Statement • Contact Us

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0043/Sections/0043.26.html

OATH OF OFFICE Sl"A'fE OF FLORIDA

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1 do solemnly swear (or affirm) that J will support.. protect, and defend the Constitution and Government of the united States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that J wi)) well and faithfully perfoml the duties of

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Mailing Address: 0 Home 621f}ffice Signature:

~OO ~:\~\!\.V &i. "* 6D::L Mc:~..~\)c.\ MCl~, '""3\.. Street or Post O~ Print name as you desire commission issued I ~~ f FL. 13'0"2 ~~ad~~~'City, Statl, Zip Code gnature

DS-DE 56 (Rev. OS/07)

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Tracking Number: 1Z64589FP292266839Service: UPS GroundWeight: 1.00 lbShipped/Billed On: 10/20/2014Delivered On: 10/21/2014 11:39 A.M.Delivered To: 800 E TWIGGS ST

TAMPA, FL, US 33602Signed By: TRADOR

Left At: Front Desk

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Attorney General Pam BondiOffice of Attorney GeneralState of Florida107 West Gaines StreetTallahassee, FL 32399-1050


Attorney General Pam Bondi:


Provide records showing the authority relied upon to bind state of Florida defendants in contractin the settlement of a federal lawsuit, Neil J. Gillespie v. Thirteenth Judicial Circuit, Florida etal., Case 5:10-cv-00503-WTH-TBS, U.S. District Court, Middle District of Florida, Ocala.

The state of Florida defendants include:



Sincerely,



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Tracking Number: 1Z64589FP292468424Service: UPS GroundWeight: 1.00 lbShipped/Billed On: 10/20/2014Delivered On: 10/21/2014 10:38 A.M.Delivered To: 107 W GAINES ST

TALLAHASSEE, FL, US 32301Signed By: WILLIAMS

Left At: Mail Room

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Attorney General Pam BondiOffice of Attorney GeneralState of Florida 107 West Gaines StreetTallahassee, FL 32399-1050


Attorney General Pam Bondi:

You failed to respond to my Public records request 1 dated August 27, 2014, see the Declarationof Neil J. Gillespie below. Provide the records immediately. Time is of the Essence.

Provide a record of the loyalty oath for Leslie Jacobs, as a recipient to public funds, that shesupports the Constitution and laws of the United States, and Florida.

DECLARATION OF NEIL J. GILLESPIE28 U.S.C.§ 1746, and Fla. Stat. § 92.525

Pursuant to 28 U.S.C.§ 1746, and Fla. Stat. § 92.525, I hereby declare as follows:

1. On August 27, 2014 I made 2 public record requests to Attorney General Pam Bondi.Public records request 1 appears at Exhibit A: 2 pages plus 7 pages attached, 9 pages total,

Public records request 1: Complaint of Neil J. Gillespie submitted to theFlorida Commission on Human Relations, FCHR No. 201400117.

2. Public records request 2 appears at Exhibit B: 1single page.


3. I received a response dated September 3, 2014 from Leslie Jacobs, Public RecordsCoordinator that appears with the mailing envelope at Exhibit C. The response states,

This will respond to your August 27, 2014 letter in which, pursuant to Ch. 119, F.S., youmake the following request for public records:

"all public records in the complaint of Neil J. Gillespie to the Florida Commission onHuman Relations, FCHR No. 201400117."

The Office of the Attorney has been unable to locate any records responsive to yourrequest. You may wish to contact the Florida Commission on Human Relations to

DECLARATION OF NEIL J. GILLESPIE 28 U.S.C.§ 1746, and Fla. Stat. § 92.525

determine if they have the records you seek. Should you have any questions, you may contact our office at 850-414-3990.

4. The response September 3, 2014 from Leslie Jacobs did not reply in any way to my Public records request 1 dated August 27,2014 appearing at Exhibit A.

5. My records request of August 27,2014 was shipped by United Parcel Service, tracking number No. lZ64589FP297594145. Proof of Delivery shows it was received by Attorney General Pam Bondi on August 28,2014 at 9.33 AM, signed for by "Oakley" at 107 West Gaines Street, Tallahassee, Florida. Proof of Delivery appears at Exhibit D.

6. Over 30 days has passed since my Public records request 1 was delivered to Attorney General Pam Bondi. As of today I do not have a response from Attorney General Pam Bondi.

7. On information and belief, Attorney General Pam Bondi is in violation ofAccess to public records and meetings, Article I, Section 24, Florida Constitution.

Pursuant to Fla. Stat. § 92.525, under penalties of perjury, I declare that I have read the foregoing Declaration and that the facts stated in it are true, or to the best of my knowledge and belief.

Pursuant to 28 U.S.C.§ 1746(2), I declare under penalty of perjury that the foregoing is true and correct. Executed on this 20th day of October, 2014.

2

Proof of Delivery


TALLAHASSEE, FL, US 32301Signed By: WILLIAMS

Left At: Mail Room

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VIA UPS No. 1Z64589FP297594145 August 27, 2014

Attorney General of FloridaOffice of Attorney GeneralState of Florida107 West Gaines StreetTallahassee, FL 32399-1050


Dear Attorney General:

This is a request for all public records in the complaint of Neil J. Gillespie to the FloridaCommission on Human Relations, FCHR No. 201400117.

My complaint alleged violations of constitutional civil rights and disability rights. My coverletter December 10, 2013 to the FCHR stated, “Please find enclosed my complaint for civil rightsviolations and disability discrimination against the persons and entities shown below.” The coverletter, 3 page complaint, letter of Dr. Karin Huffer, and UPS Proof of Delivery to the FCHR, areenclosed to assist you in locating the records.

The following employees of the Office of Attorney General were named:

1. Pamela Jo Bondi, Attorney General of Florida2. Diana R. Esposito, the Chief-Assistant Attorney General, Tampa3. Kenneth V. Wilson, Assistant Attorney General, Tampa4. Valerie Williford, employee of the Office of Attorney General, Tampa5. Laura Martin, employee of the Office of Attorney General, Tampa

Complaint FCHR No. 201400117 cited to F.S. § 760.51 on page 2. F.S. § 760.51 Violations ofconstitutional rights, civil action by the Attorney General; civil penalty.

Basis for Discrimination, 3(b)(1) Ongoing denial of disability accommodation, violationof Civil Rights, chapter 825 FS, Abuse Neglect, Exploitation of Elderly Persons andDisabled Adults.

Fraud or impairment of my Petition No. 12-7747 to the U.S. Supreme Court (for denial ofdisability accommodation, civil rights, disability rights), a legitimate governmentactivity, 18 U.S.C. § 371, by Attorney General Pam Bondi and others in her employ, whoconspired with Respondent David A. Rowland, General Counsel for RespondentThirteenth Judicial Circuit Florida, and other Respondents and non-respondents, in aconspiracy against my rights, 18 U.S.C. § 241, to deprive me of rights under color of law,18 U.S.C. § 242. ADA: 42 USC § 12202 - A State shall not be immune.

A

Attorney General of Florida August 27, 2014Office of Attorney General Page - 2

Attorney General Bondi et al are currently engaged in ongoing Misuse of Public Positionin Petition No. 13-7280 to the U.S. Supren1e Court, where The Florida Bar is a cross-party for political persecution of me in retaliation for my Petition No. 12-7747 to theGovernment for a redress of grievances protected by the First Amendment; ADA: 42USC § 12202 - A State shall not be immune; ADA: 42 USC § 12203 - Prohibition againstretaliation and coercion; under 760.51 F.S. Violations of constitutional rights, the FloridaAttorney General had authority and duty to represent me but did not.

Provide independent records of bribery (F.S. §§ 838.015, 838.016, 838.022) not submitted to theFCHR, for the following judges named in FCHR No. 201400117:

9. Claudia Rickert Isom, Circuit Judge10. James M. Barton, II, Circuit Judge11. Martha J. Cook, Circuit Judge

Provide records for foreclosure mill McCalla Raymer named in FCHR No. 201400117:

21. McCalla Raymer LLC, et al.

Provide records for Sandra Burge named in FCHR No. 201400117:

7. Sandra Burge, employee of the Thirteenth Judicial Circuit Florida.

FCHR website glossary, http://fchr.state.fl.us/resources/glossary

• Discrimination: The unfair treatment of a person or group on the basis of prejudice andwithout regard to individual merit.

• Disability: A person who has a physical or mental impairment that substantially limits one ormore major life activities; has a record of such an impairment; or is regarded as having suchan impairment (under the American Disabilities Act).

• 55+ Housing: A housing facility or community intended and operated for persons 55 years ofage or older. This community must comply with the requirements of and register with theFCHR. FCHR provides a list of registered communities under Resources.

• Brokerage: A third party entity that assists in the buying, selling, or renting of a property.

Thank you in advance for the courtesy of a response.

Sincerely,

Neil J. Gillespie8092 SW 115th Loop Telephone: (352) 854-7807Ocala, Florida Email: [email protected] Enclosures

VIA V.P.S. No. lZ64589FNY94633807 December 10, 2013

Michelle Wilson, Executive Director Florida Con1mission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, FL 32301 RE: New Complaint Enclosed

Dear Ms. Wilson:

Please find enclosed my complaint for civil rights violations and disability discrimination against the persons and entities shown below.

1. Pamela Jo Bondi, Attorney General of Florida 2. Diana R. Esposito, the Chief-Assistant Attorney General, Tampa 3. Kenneth V. Wilson, Assistant Attorney General, Tampa 4. Valerie Williford, employee of the Office ofAttorney General, Tampa 5. Laura Martin, employee of the Office of Attorney General, Tampa 6. David A. Rowland, General Counsel, Thirteenth Judicial Circuit Florida 7. Sandra Burge, employee of the Thirteenth Judicial Circuit Florida 8. Thirteenth Judicial Circuit, Florida; Chief Judge Manuel Menendez Jr. 9. Claudia Rickert Isom, Circuit Judge 10. James M. Barton, II, Circuit Judge 11. Martha J. Cook, Circuit Judge 12. Gonzalo B. Casares, ADA Coordinator, Thirteenth Judicial Circuit Florida 13. Barker, Roden1s & Cook, P.A. 14. Ryan Christopher Rodems, Florida attorney 15. The Law Office of Robert W. Bauer, P.A. 16. Robert W. Bauer, Florida attorney 17. Eugene P. Castagliuolo, Florida attorney 18. Elisabeth Goodner, State Court Adminstrator 19. Laura Rush, General Counsel, Office of State Court Adminstrator 20. The Florida Bar, John F. Harkness, Executive Director, et al. 21. McCalla Raymer LLC, et al.

Also enclosed are a number of supporting exhibits. Thank you.

r~ Gillespl 8692 SW 11 th Loop Ocala, Florida 34481 Telephone: (352) 854-7807 En1ail: [email protected]

TECHNICAL ASSISTANCE QUESTIONNAIRE Your answers to this questionnaire are confidential pursuant to Florida Statute 760.11 (12)

I, Neil J. Gillespie, hereby waive confidentiality; the documents provided are public

records of and about court proceedings.

1. Establishing Jurisdiction:

a. What is today's date?12/10/2013

b. What is the nlost recent or last date that an alleged discriminatory act occurred against you

by the establishnlent you are filing a claim against? ONGOING; today with OSCA, see below.

Today I received email from Laura Rush, General Counsel, Office of the State Courts Adnlinistrator, refusing to provide disability accommodation getting records from the Thirteenth Judicial Circuit. The email is enclosed. Ms. Rush and the OSCA refused to comply with F.S. § § 282.601-282.606 Accessibility of Information and Technology, and the Americans with Disabilities Act (ADA), and the Rehabilitation Act of 1973, etc., etc. any and all other disability law.

The State of Florida has a history of civil rights violations and disability discrimination toward me beginning with the FL Div. Vocational Rehabilitation (DVR). I made a complaint DVR in 1998, which is enclosed with my letter to Pres. Jimmy Carter of October 25,2013. I got a response fronl FCHR October 31, 2013 which is enclosed, together with my letter to FCHR of September 30, 2013.

2. Contact Information:

a. Name: Neil J. Gillespie

Mailing Address: 8092 SW 115th Loop, Ocala Florida 34481

Zip Code: 34481 City: Ocala County: Marion State: Florida

b. If you want us to contact you bye-mail, please provide your e-mail address: [email protected]

c. Home Phone: (352) 854-7807 Work Phone: N/A

Cell Phone: decline Date of Birth: 03/19/1956

d. If you will be represented by an attorney, please provide the attorney's name and phone number:

Name: no attorney

e. Please provide the name and telephone number of an individual who does not live with you but

would know how to reach you:

Name: Dr. Karin Huffer, 3236 Mountain Spring Road, Las Vegas, NV 89146; Tel. 702-528-9588,

Email: [email protected]

f. Have you filed a complaint of discrimination with the FCHR, EEOC, HUD, or any local agency

within the last year? If yes, complete below:

Agency Name: N/A

3. Basis for Discrimination a. On what basis do you believe you were discriminated against? Please check only the box or boxes that apply to

your charge ofdiscrimination

RACE:

COLOR:

NATIONAL ORIGIN

SEX

CREED

)( PHYSICAL DISABILITY/HANDICAP

b. In the box below, provide a description of the alleged discriminatory act or acts that the

establishment took against you. Your description should include the following:

1. What happened, who took the actions against you, and when (what dates) the actions

occurred. Ongoing denial of disability accommodation, violation of Civil Rights, chapter 825 FS,

Abuse Neglect, Exploitation of Elderly Persons and Disabled Adults.

Fraud or impairment of my Petition No. 12-7747 to the U.S. Supreme Court (for denial of disability accomn10dation, civil rights, disability rights), a legitimate government activity, 18 U.S.C. § 371, by Attorney General Pam Bondi and others in her employ, who conspired with Respondent David A. Rowland, General Counsel for Respondent Thirteenth Judicial Circuit Florida, and other Respondents and non-respondents, in a conspiracy against my rights, 18 U.S.C. § 241, to deprive me of rights under color of law, 18 U.S.C. § 242. ADA: 42 USC § 12202 - A State shall not be in1mune.

Attorney General Bondi et al are currently engaged in ongoing Misuse of Public Position in Petition No. 13-7280 to the U.S. Supren1e Court, where The Florida Bar is a cross-party for political persecution of me in retaliation for my Petition No. 12-7747 to the Government for a redress of grievances protected by the First Amendment; ADA: 42 USC § 12202 - A State shall not be immune; ADA: 42 USC § 12203 - Prohibition against retaliation and coercion; under 760.51 F.S. Violations of constitutional rights, the Florida Attorney General had authority and duty to represent me but did not.

Enclosed you will find the following documents: Petition No. 12-7747 to the U.S. Supreme Court, and guide

Petition No. 13-7280 to the U.S. Supreme Court; Complaint to the Florida Con1mission on Ethics

Urgent Appeal to the United Nations, with two Supporting affidavits

Consolidated Amended Motion for Disability Accommodation, Declaratory Relief, Waive

Confidentiality; Notice E-filing Prohibition by District Court; Affidavit of Conflict, ADA denial

c. In the box below, identify any customers who have been in the same situation as

you, but were treated more favorably because they have a different protected class than you

(For example, they are a different race, sex, national origin, etc.). Provide a brief description

of how these employees were treated differently than you. Unknown.

Attached is a letter from Dr. Karin Huffer, who was my Americans with Disability Act (ADA)

advocate. Dr. I-Iuffer may be able to provide this infoffi1ation. Address: 3236 Mountain Spring Road,

Las Vegas, NV 89146; Tel. 702-528-9588, Email: [email protected]

2

4. Re~pondent Contact Information:

Provide the name of the business you are filing this claim against.

The Attorney General of Florida et al, the Thirteenth Judicial Circuit et at and the Defendants/Respondents in

Petition No. 12-7747 and Petition No. 13-7280, persons named in the complaint to the Florida Commission on

Ethics, Elisabeth Goodner, State Court Administrator, and Laura Rush, General Counsel, Office of the

State Courts Administrator; and cross-party The Florida Bar in Petition No. 13-7280.

McCalla Raymer LLC, 225 E. Robinson St., Suite 660, Orlando, FL 32801, Respondent, Petition 13-7280

NOTE: McCalla Raymer LLC, a Foreign Limited Liability Company, is showing "Inactive" status

on the Florida Division of Corp. website, "ADMIN DISSOLUTION FOR ANNUAL REPORT"

Provide the name of the Human Resources Office or other management level contact person for this business.

Pam Bondi AG; CJ Manuel Menendez Jr., 13th Circuit; John Harkness, Florida Bar, Elisabeth Goodner, OSCA.

Marty Stone, manager et al for McCalla Raymer LLC, see attached 2012 Annual Report.

Mailing address of the business: FL Attorney General, 101 W. Gaines Street, Collins Bldg, Tallahassee FL

Thirteenth Judicial Circuit Florida, 800 E. Twiggs Street, Suite 603, Tampa, Florida 33602 Office of the State Courts Administrator, 500 South Duval Street, Tallahassee, FL 32399-1900 The Florida Bar, 651 E. Jefferson Street, Tallahassee, FL 32399-2300 McCalla Raymer LLC, 225 E. Robinson St., Suite 660, Orlando, FL 32801

I understand that information on this questionnaire may be shared, in whole or part, by the Florida Commission on Human Relations with the U.S. Equal Employment Opportunity Commission and the Respondent indicated. With the exception of these parties, this information will be kept confidential.

I unde tand, agree and request Commission assistance

j~~/a~J3 (Date)

I, Neil J. Gillespie, hereby waive confidentiality; the documents provided are public records of and

about court proceedings.

Please print out and mail or fax to:

Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 200 Tallahassee, Florida 32301

Telephone (850) 488-7082 Facsimile (850) 488-5291

3

Gillespie p1 of 2

1

DR. KARIN HUFFER

Licensed Marriage and Family Therapist #NV0082ADAAA Titles II and III Specialist

Counseling and Forensic Psychology3236 Mountain Spring Rd. Las Vegas, NV 89146702-528-9588 www.lvaallc.com

October 28, 2010

To Whom It May Concern:

I created the first request for reasonable ADA Accommodations for Neil Gillespie. Thedocument was properly and timely filed. As his ADA advocate, it appeared that his rightto accommodations offsetting his functional impairments were in tact and he was beingafforded full and equal access to the Court. Ever since this time, Mr. Gillespie has beensubjected to ongoing denial of his accommodations and exploitation of his disabilities

As the litigation has proceeded, Mr. Gillespie is routinely denied participatory andtestimonial access to the court. He is discriminated against in the most brutal wayspossible. He is ridiculed by the opposition, accused of malingering by the Judge andnow, with no accommodations approved or in place, Mr. Gillespie is threatened witharrest if he does not succumb to a deposition. This is like threatening to arrest aparaplegic if he does not show up at a deposition leaving his wheelchair behind. This isprecedent setting in my experience. I intend to ask for DOJ guidance on this matter.

While my work is as a disinterested third party in terms of the legal particulars of a case,I am charged with assuring that the client has equal access to the court physically,psychologically, and emotionally. Critical to each case is that the disabled litigant is ableto communicate and concentrate on equal footing to present and participate in their casesand protect themselves.

Unfortunately, there are cases that, due to the newness of the ADAAA, lack of training ofjudicial personnel, and entrenched patterns of litigating without being mandated toaccommodate the disabled, that persons with disabilities become underserved and are toooften ignored or summarily dismissed. Power differential becomes an abusive andoppressive issue between a person with disabilities and the opposition and/or courtpersonnel. The litigant with disabilities progressively cannot overcome the stigma andbureaucratic barriers. Decisions are made by medically unqualified personnel causingthem to be reckless in the endangering of the health and well being of the client. Thiscreates a severe justice gap that prevents the ADAAA from being effectively applied. Inour adversarial system, the situation can devolve into a war of attrition. For anunrepresented litigant with a disability to have a team of lawyers as adversaries, thedemand of litigation exceeds the unrepresented, disabled litigantís ability to maintainhealth while pursuing justice in our courts. Neil Gillespieís case is one of those. At thisjuncture the harm to Neil Gillespieís health, economic situation, and generaldiminishment of him in terms of his legal case cannot be overestimated and this bell

Gillespie p2 of 2

2

cannot be unrung. He is left with permanent secondary wounds.

Additionally, Neil Gillespie faces risk to his life and health and exhaustion of the abilityto continue to pursue justice with the failure of the ADA Administrative Offices torespond effectively to the request for accommodations per Federal and Florida mandates.It seems that the ADA Administrative offices that I have appealed to ignore his requestsfor reasonable accommodations, including a response in writing. It is against mymedical advice for Neil Gillespie to continue the traditional legal path without properlybeing accommodated. It would be like sending a vulnerable human being into a field ofbullies to sort out a legal problem.

I am accustomed to working nationally with courts of law as a public service. I agreethat our courts must adhere to strict rules. However, they must be flexible when it comesto ADAAA Accommodations preserving the mandates of this federal law Under Title IIof the ADA. While ìpublic entities are not required to create new programs that provideheretofore unprovided services to assist disabled persons.î (Townsend v. Quasim (9th Cir.2003) 328 F.3d 511, 518) they are bound under ADAAA as a ministerial/administrativeduty to approve any reasonable accommodation even in cases merely ìregardedî ashaving a disability with no formal diagnosis.

The United States Department of Justice Technical Assistance Manual adopted byFlorida also provides instructive guidance: "The ADA provides for equality ofopportunity, but does not guarantee equality of results. The foundation of many of thespecific requirements in the Department's regulations is the principle that individualswith disabilities must be provided an equally effective opportunity to participate in orbenefit from a public entity's aids, benefits, and services.î (U.S. Dept. of Justice, Title II,Technical Assistance Manual (1993) ß II-3.3000.) A successful ADA claim does notrequire ìexcruciating details as to how the plaintiff's capabilities have been affected bythe impairment,î even at the summary judgment stage. Gillen v. Fallon Ambulance Serv.,Inc., 283 F.3d. My organization follows these guidelines maintaining a firm, focused andlimited stance for equality of participatory and testimonial access. That is what has beendenied Neil Gillespie.

The record of his ADAAA accommodations requests clearly shows that his well-documented disabilities are now becoming more stress-related and marked by depressionand other serious symptoms that affect what he can do and how he can do it ñ particularlyunder stress. Purposeful exacerbation of his symptoms and the resulting harm is, withouta doubt, a strategy of attrition mixed with incompetence at the ADA Administrative levelof these courts. I am prepared to stand by that statement as an observer for more thantwo years.

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TALLAHASSEE, FL, US 32301Signed By: SNEADLeft At: Front Desk

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https://www.ups.com/WebTracking/processPOD?Requester=&tracknum=1Z64589FNY94633807&refNumbers=&loc=en_US

VIA UPS No. 1Z64589FP297594145 August 27, 2014

Attorney General of FloridaOffice of Attorney GeneralState of Florida107 West Gaines StreetTallahassee, FL 32399-1050


Dear Attorney General:

This is a request for all public records in the complaint of Neil J. Gillespie to the FloridaCommission on Human Relations, FCHR No. 201400117.

Thank you in advance for the courtesy of a response.

Sincerely,



B

PAM BONDI ATTORNEY GENERAL

STATE OF FLORIDA

OFFICE OF THE ATTORNEY GENERAL Executive Staff

PL-Ol The Capitol Tallahassee, FL 32399-1050 Phone (850) 414-3990 Fax (850) 487-2564 http://www.myjloridalegal.com

September 3, 2014

Mr. Neil J. Gillespie 8092 SW 115th Loop Ocala, FL 34481

Dear Mr. Gillespie:

This will respond to your August 27, 2014 letter in which, pursuant to Ch. 119, F.S., you make the following request for public records:

"all public records in the complaint ofNeil J. Gillespie to the Florida Commission on Human Relations, FCHR No. 201400117."

The Office of the Attorney has been unable to locate any records responsive to your request. You may wish to contact the Florida Commission on Human Relations to determine if they have the records you seek. Should you have any questions, you may contact our office at 850-414-3990.

Sincerely,

Leslie Jacobs Public Records Coordinator

C

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Office of the Attorney General 016H26525733PL 01, Th~ Capitol

Tallahassee, FL 32399-1050 QJ \a $OO.48QVi

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Mr. Neil J. Gillespie 8092 SW 115th Loop Ocala, FL 34481

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TALLAHASSEE, FL, US 32399Signed By: OAKLEY

Left At: Dock

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letter-george sheldon-candidate for florida attorney general

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