Florida Democratic Party Renews Public Records Request On McCollum's Frivolous Lawsuit

Florida Democratic Party Executive Director Scott Arceneaux sent the following letter to Attorney General Bill McCollum renewing his public records request because the information provided as a result of the previous public records request by the Florida Democratic Party was suspiciously lacking in documents regarding McCollum's no-bid contact to his former lobbying partner in his partisan quest seeking to block Pres. Obama's historic health insurance reform law by filing a frivolous lawsuit:

Monday, March 29, 2010

The Honorable Bill McCollum
Office of Attorney General
State of Florida
The Capitol PL-01
Tallahassee, FL 32399

Dear Attorney General McCollum:

In light of a fundamental conflict between public statements by you and your office and your response to my information request dated March 24, 2010, I am left with concern that one of the two sets of information provided by you and your office is not entirely accurate and am again seeking information originally requested March 24, in order to clarify these discrepancies.

You and your office have made public statements indicating that Florida taxpayers would only be responsible for approximately $20 an hour in legal fees to outside counsel for the frivolous lawsuit you have filed over federal health insurance reform, specifically to be paid to a Washington colleague of yours to whom you awarded a no-bid contract for the work. You and your office have also indicated in public statements that the other states involved in the lawsuit would be bearing part of its financial burden so as not to place all of the expense for your political gamesmanship on Florida taxpayers.

On March 25, 2010, your office supplied a draft and a final version of the contract with outside legal counsel, specifically your former lobbying firm, Baker and Hostetler, and two emails regarding the circulation of those documents in your office. Your response failed to include the documentation covered by the request that backs up the "cost sharing" arrangement you previously described, the agreement for this between your office and the other states, and a contract that places the cost to Florida taxpayers for your use of Baker & Hostetler at a fee of $250 an hour, more than 12 times your public estimations.

Your response delivered by your office stated, "At this time, there are no records responsive to your request for documents reflecting the time or money spent on this lawsuit." If this is true and there is no such evidence of a cost-sharing arrangement with other states, why did you publicly state there was such an arrangement? Why did your spokesperson indicate the rate of expense for Florida taxpayers was $20 an hour, when the contract you signed indicates more than 12 times that amount? If your public statements were correct, then why did your office withhold this information and even go so far as to say it does not exist?

Pursuant to Florida Statute 119.011, I am renewing my original request for the following information and records from the Office of the Attorney General:

Any and all communications and documents related to communications between your office and your former employer Baker & Hostetler since January, 2006, including but not limited to any and all communications or documents regarding the decision to retain your former lobbying firm Baker & Hostetler and/or your former Washington D.C. lobbying colleague David Rivkin, within the Office of the Attorney General and its respective staff, including but not limited to email, letters, files, and documents.

Any and all documents regarding how many state employee hours have been devoted to this effort within the Office of Attorney General or other agencies that have assisted in this lawsuit, including but not limited to email, letters, files, and documents.

Any and all documents regarding how much this lawsuit has cost Florida's taxpayers through efforts within the Office of Attorney General, other agencies who have assisted in this effort, and outside legal counsel, including but not limited to email, letters, files, and documents.

Any and all documents regarding deliberations within the Office of the Attorney General about using a no-bid contracting process in retaining your former lobbying firm Baker & Hostetler, including but not limited to email, letters, files, and documents.

This request includes copies of every document related to the matter from January 2009 to present in digital format. Please contact me at 850-222-3411 if you have any problems meeting this request by 12 PM on Monday, April 5, 2010. If you refuse to provide this information, Chapter 119 requires you to advise me in writing and indicate the applicable exemption to the Public Records Act. If the exemption you are claiming only applies to a portion of the records, please delete or redact that information.

Thank you for your prompt attention to this matter.

Sincerely,

Scott Arceneaux

Executive Director

Florida Democratic Party

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