** 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 88-1886-CIV-HOEVELER UNITED STATES OF AMERICA, et al., ) ) Plaintiffs, ) ) VS. ) ) SOUTH FLORIDA WATER MANAGEMENT ) DISTRICT; JOHN R. WODRASKA, ) EXECUTIVE DIRECTOR, SOUTH FLORIDA ) WATER MANAGEMENT DISTRICT; ) FLORIDA DEPARTMENT OF ENVIRONMENTAL ) REGULATION; AND DALE TWACHTMANN, ) SECRETARY, FLORIDA DEPARTMENT OF ) ENVIRONMENTAL REGULATION, et. al., ) ) Defendants. ) / DEPOSITION OF DOUG BERGSTROM TAKEN ON BEHALF OF THE PLAINTIFF *** DATE: August 27, 1990 PROFESSIONAL REPORTING SERVICE Commerce Center 324 Datura Street, Suite 303 West Palm Beach, Florida 33401 (407) 659-4046 ** 2 INDEX August 27, 1990 DIRECT CROSS REDIRECT RECROSS DOUG BERGSTROM By Ms. Beverly Nash 5 By Mr. Joe Richards 11 ** 3 The deposition of Doug Bergstrom, in the above-entitled and numbered cause, was taken before me, KAREN BAUER FRY, C.S.R., Court Reporter and Notary Public for the State of Florida at Large, at Professional Reporting Service, Commerce Center, 324 Datura Street, in the City of West Palm Beach, Palm Beach County, in the State of Florida, beginning at the hour of 11:25 o'clock a.m., on August 27, 1990, pursuant to the Notice in said cause for the taking of said deposition, which is annexed to the Court file herein, on behalf of the Plaintiff in the above-entitled action pending in the above-named court. The appearances at said time and place were as follows: Beverly Sherman Nash, Esquire U.S. Department of Justice Environmental and Natural Resources Division P. O. Box 663 Washington, D.C. 20044-0663 Attorney for Plaintiff Joseph Richards, Esquire Peeples, Earl & Blank, P.A. Two South Biscayne Blvd. One Biscayne Tower, Suite 3636 Miami, Florida 33131 Attorney for Cities of Belle Glade and Clewiston ** 4 Katharine Stollman, Esquire Allison Burdette Skadden, Arps, Slate, Meagher, & Flom 1440 New York Avenue, N.W. Washington, D.C. 20005 Attorney for South Florida Water Management District Jackie Waters, Esquire So. Florida Water Management District Box 24680 3301 Gun Club Road West Palm Beach, FL 33416 ALSO PRESENT: Toni Lafuente Mike Rose David Buker ** 5 THEREUPON, DOUG BERGSTROM being by me first duly sworn to tell the whole truth, as hereinafter certified, testified as follows: DIRECT EXAMINATION BY MS. NASH: Q. Would you state your name? A. Douglas Bergstrom. Q. Mr. Bergstrom, I'm Beverly Nash, counsel for the United States in this litigation. We're here to find out about the computers the Water Management District has, what's the nature of the information on the computers, how they're used, and how the files are stored. You're here today as a representative of the district having knowledge on one or more of the various categories that we're interested in. Have you been shown that list of categories? A. Yes, ma'am. Q. Do you know which ones you're here to respond to today? A. I believe 1, 2, and 3, or portions thereof. ** 6 Q. What is your present title or position? A. Senior budget analyst. Q. In what division or department? A. The executive office. Q. And what is your job description? A. It's to prepare and formulate the district's annual budget. Q. Do you have other responsibilities? A. Doing preliminary analyses of specific items being requested, salary projections, and those sorts of things. Q. How long have you been in that roll? A. Just over two years. Q. Have you had other positions with the Water Management District? A. Same position, different title. Q. And what was that title? A. Budget analyst? Q. And how long were you budget analyst? A. Almost two years. Q. Any prior experience with the Water Management District? A. No. Q. What is your educational background? A. I have a Bachelor of Arts from Penn State ** 7 University, and a masters in public administration from George Mason University. Q. Who is your supervisor in the executive office? A. Joseph Moore. Q. And do you have any employees in the executive office that work for you? A. Mostly clerical. Q. What computers do you use? A. I use an IBM PS2 Model 70. Q. Any others? A. Yes. I run applications on the VAX as well as the IMB mainframe. Q. What work do you do on the IBM PS2? A. I do spreadsheet analysis, salary projections, as well as using an in-house budget preparation package for data input. Q. What software do you use on the IMB PS2? A. I use Word Perfect, Symphony, EM-220. Those three are the vast majority. Q. Which VAX do you use? A. I think its name is VAX-1. I'm not sure if that's the 6310 or the other one. Q. And what are the applications you run on the VAX? ** 8 A. It's an in-house written package that combines individual division budget records and translates them to IBM machine language. Q. What software do you use on the VAX? A. I connected the VAX through the EM-220 DEC terminal emulator. Q. What work do you do on the IMB mainframe? A. Budget reporting. Q. And what software do you use for the budget reporting? A. The reports are written in "IE," Information Expert. Q. And what procedure do you use to access the IBM mainframe? A. I sign on through EM-220 as well. Q. Do you transfer any of the work that you do to others in the Water Management District by computer? A. No, they transfer it to me. Q. Who transfers data to you? A. All the division or department budget coordinators transfer their budget input data to me Q. Do you utilize any documentation or manuals to assist you in your computer work? A. Do you mean computer manuals? ** 9 Q. Or in-house manuals? A. I utilize a budget preparation manual that we put together that pretty much outlines all the procedures for doing your initial budget input. Q. Is that an in-house document? A. Yes. Q. Do you utilize any documentation or manuals to assist you with your work in the IBM PS2? A. Reference for software only. Q. And what would those references be? A. Word Perfect reference manual, Symphony reference manual. Q. What about for your work on the VAX, are there any documentation or manuals you reference? A. I do not use them. Q. And what about for your work on the IBM mainframe, are there any documentation or manuals you reference? A. No. Q. Are back-ups done for the data files that you create? A. Back-ups on the IBM system? Q. Yes. A. Only as part of a routine back-up that ** 10 they may run, I think, every week or so. Q. You yourself do not do any back-ups? A. No, ma'am. Q. Who runs the back-ups? A. The computer operators. Q. What about for the work you do on the VAX, do you do any back-ups? A. No. They do them -- they do those back-ups as well. Q. Do you store completed work on the computer? A. "Completed work," in what sense? Q. In any of the projects you work on? A. Yes. I archive prior budgets submissions as well as store the analyses I do. Q. In what medium do you store them on? A. Hard disk on my PC. Q. Did you indicate you do not send, by computer, the results of your work to anyone; is that correct? A. That's correct. Q. Do you know whether there are other users made of computers in your division? A. Yes. Q. What would that work be? ** 11 A. Mostly word processing, memos, and that sort. Q. On what computers? A. The IBM PC's as well as the Xerox 6085 system. Q. Do you know what work is done on the Xerox 6085? MS. STOLLMAN: I don't want you to speculate about work done by other people. To the extent that you know, you can answer the question. A. Memos. Q. (By Ms. Nash) Do you know what software packages are utilized on the Xerox 6085? A. It's called Viewpoint. MS. NASH: I have no further questions. CROSS-EXAMINATION QUESTION BY MR. RICHARDS: Q. Mr. Bergstrom, my name is Joe Richards and I represent the cities of Belle Glade and Clewiston. You said that you did an analysis of specific budget items; is that correct? ** 12 A. Yes. Q. Have you done any work for the Everglades SWIM Plan? A. No, sir. Q. Lake Okeechobee SWIM Plan? A. No, sir. Q. Everglades Nutrient Removal Project? A. No, sir. Q. The Holeyland Restoration Project? A. No, sir. Q. Rotenberger Restoration Project? A. No, sir. Q. Any scientific research in the water conservation areas? A. No, sir. Q. How about any work relating to the Everglades Agricultural Area? A. I produced a report, which was distributed, I believe, during the last legislative session. It's an analysis of expenditures and revenues in the EAA. Q. That was provided to the Florida legislature? A. I believe so, yes. Q. Was that published? ** 13 A. Published as a formal document? Q. Yeah. A. It was, based upon a request from one of our board members who wanted to see that type of information, and we produced it specifically for him. Q. Does that document still exist somewhere? A. Yes. Q. And where? A. I have a copy in my files. Q. Anywhere else? A. In a Word Perfect file as well, an electronic copy. Q. What was the date of that report? A. I don't recall the specific date. It was sometime last fall. Q. Do you know what time period was covered in the report? A. Fiscal year '88, '89, I believe. Q. Any other work relating to the Everglades Agricultural Area? A. No. Q. How about work relating to Everglades National Park? MS. STOLLMAN: Are you asking whether ** 14 he's done any work on the computer relating to that? MR. RICHARDS: Yes. A. No. MR. RICHARDS: Thank you. I have no further questions. (The deposition was concluded at 11:35 o'clock a.m.)