Deposition from United States v. SFWMD, et al.,

Case No. 88-1886-CIV-HOEVELER
 
  STYLE:     US vs. SFWMD
  CASE:      88-1886-CIV-WMH
  JUDGE:   WILLIAM M. HOEVELER
  DATE:      August 28, 1990

  NAVIGATION:
                     Index
                    Appearances
                    Proceeding
                    Page:   10
                    Deponant's Certificate
                    Ceritificate of Service

 

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

 

 

UNITED STATES OF AMERICA,

Plaintiff,

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.

____________________________________________/

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Case No
88-1886-CIV-WMH  

 

DEPOSITION OF BETH COLAVECCHIO
TAKEN ON BEHALF OF THE PLAINTIFF

* * *

 

DATE:   August 28, 1990

 

PROFESSIONAL REPORTING SERVICE
Commerce Center
324 Datura Street, Suite 303
West Palm Beach, Florida 33401
(407) 659-4046

 


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INDEX

 

August 28, 1990

 

DIRECT

 

CROSS

 

REDIRECT

 

RECROSS

 

BETH COLAVECCHIO
By Ms. Beverly Nash 5
By Mr. Joe Richards 17

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The deposition of Beth Colavecchio, 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 11:00 o'clock a.m., on

August 28, 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

 


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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
                                Ray Roberts

 

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THEREUPON,

BETH COLAVECCHIO

being by me first duly sworn to tell the whole truth,

as hereinafter certified, testified as follows:

DIRECT EXAMINATION

BY MS. NASH:

Q. Ms. Colavecchio, I'm Beverly Nash. I'm

counsel for the United States in this litigation.

We're here to understand what the Water

Management District has in the way of computer

systems, how they're set up, how they operate, what

the data is on them, and how that data is

formatted.

You have been selected as a representative

of the Water Management District having knowledge

in one or more of the areas that we are interested

in.

Have you been shown the list of

categories?

A. Yes, I have.

Q. And to which categories are you

responsive?

A. I believe parts of No. 2, and 4, and 6.

 


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Q. What is your present title or position?

A. Regulatory administrator.

Q. In what division or department?

A. I am in the regulatory administration

division of the regulation department.

Q. What are your job responsibilities?

A. I am responsible for the incoming

applications and processing of such, and putting

the permit information into the data bases.

Q. And how long have you been in the role of

regulatory administrator?

A. Four years.

Q. Have you had other positions with the

Water Management District?

A. Yes, I have.

Q. And what positions are those?

A. I was clerk/typist when I started, then,

an administrative secretary, then, a data

management technician, an administrative assistant,

and a regulatory administrator.

Q. Were all of these jobs in the regulation

department?

A. When I first started, we weren't actually

a department yet, but it was within the same group

of people.

 


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Q. What is your educational background?

A. I have a high school diploma and some

college.

Q. Who are your supervisors?

A. Ann Roth.

Q. What is her title?

A. She is division director of regulatory

administration.

Q. Are there employees in the division that

work for you?

A. Yes.

Q. Who are they and what are their job

positions?

A. Loretta Scragg, Permit Technician II, Lynn

Cox, Data Entry Technician, Fran Beatty, Permit

Technician I, Anna Cover, Temporary Permit Tech I.

Q. What computers do you utilize?

A. Could you repeat the question, please?

Q. What computers do you utilize?

A. I use an IBM PS2.

Q. Any others?

A. No.

Q. Do you access data on any of the other

computers in the Water Management District?

A. Yes.

 


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Q. On which computers is that data stored?

A. The VAX.

Q. What data do you access from the VAX?

A. We access our permit and application

information.

Q. What work do you do on the IMB PS2?

A. We input the data for the applications and

the permits and we make changes.

Q. Does this data base in which you put in

application information have a name?

A. It's an Oracle data base.

Q. Does it have a specialized name?

A. The regulatory permit data base, the

general permit data base, the exemption data base

and the application tracking system.

Q. What is the source of the information in

the application tracking system?

A. The application setter received, the

additional information letters that go out, the

responses that are received, and the dates the

permits are issued.

Q. And how far back does the data go that's

in this application tracking system data base?

A. I'm not sure.

Q. Who would know?

 


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A. Marie-Christine Leavitt.

Q. Are reports or analysis done from the data

in the application tracking system data base?

A. Yes.

Q. What is the nature of the analysis or

reports?

A. We do statistical information for

quarterly reporting, and also reports for

management to let us know how many applications we

are in the process of working on, if any have

missed deadlines, when deadlines are up.

Q. Which offices in the Water Management

District do these reports go?

A. Regulation department.

Q. To any others?

A. Not that I know of.

Q. What is the source of the data in the

exemption data base?

A. The exemption permit letter.

Q. And how far back does the data go in this

data base?

A. Since we first started issuing exemptions.

Q. Do you know when that was?

A. Not exactly.

Q. Are any reports or analysis done on the

 


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data in the exemption data base?

A. Quarterly reporting information.

Q. What's the information in the quarterly

reports?

A. How many applications that we've

processed, how many permits we've processed, how

many people it takes to do the work.

Q. And to what entities in the Water

Management District do these reports go?

A. I believe they're submitted to the

executive office.

Q. You indicated that there was a general

regulatory data base?

A. Yes.

Q. And what is the source of the data in that

data base?

A. The general permit letter.

Q. And how far back does the data in that

data base go?

A. Since we first started issuing general

permits?

Q. Do you know when that was?

A. Approximately 1983.

Q. And are your reports or analysis done on

the information in the general regulatory data

 


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base?

A. Quarterly reporting.

Q. What is the information in the quarterly

reports?

A. How many permits we've processed.

Q. And to whom do those reports go?

A. The quarterly reports, when they're

completed, go to the executive office.

Q. You indicated that there is a regulatory

permit data base?

A. Yes.

Q. What is the source of the information in

that data base?

A. The permits that are issued, the staff

reports that are written by the engineers, the

applications that were originally submitted with

the application, and I believe that's all.

Q. And how far back does the data in this

regulatory permit data base go?

A. Since we first started issuing permits.

Q. And when was that?

A. Approximately 1974.

Q. And are there reports and analysis done on

the data in the regulatory permit data base?

A. We do quarterly reporting.

 


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Q. What is the information contained in the

quarterly reports?

A. Statistical information.

Q. What is the nature of the statistical

information?

A. How many permits we've processed, when

they were processed, what types of permits have

been processed.

Q. And to what entities in the Water

Management District do these quarterly reports go?

A. To the executive office.

Q. Where is the regulatory permit data base

stored?

A. It's on the VAX

Q. And the General Regulation Data Base?

A. On the VAX.

Q. And where is the exemption data base?

A. On the VAX.

Q. And the application tracking system data

base?

A. On the VAX.

Q. Which VAX are you referring to, the 8820

or the --

A. I believe, it's the 8820.

Q. What software packages do you utilize?

 


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A. Oracle, Word Perfect 5.0, occasionally

Symphony. I think that's all.

Q. Do you utilize any manuals to assist you

with your work on the computers?

A. Yes.

Q. What manuals?

A. The books that we get with the software

packages, the documentation that was written up on

the tracking system.

Q. Who wrote the documentation on the

tracking system?

A. I believe it was Dean Corry and

Marie-Christine Leavitt.

Q. Does that documentation for the tracking

system have a name?

A. I can't remember.

Q. Are back-ups done on the data in the

application tracking system data base?

A. I think so.

Q. Who does the back-ups?

A. I think tech services does.

Q. Do you know on what schedule?

A. I'm not sure.

Q. Do you know what the retention period is

for the back-ups?

 


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A. No, I don't.

Q. Who does the back-ups for the exemption

data base?

A. I think tech services does.

Q. Do you know the schedule for the back-ups.

A. No, I don't.

Q. Do you know the retention period for the

data base --

A. No, I don't.

Q. -- for the back-ups?

A. No, I don't.

Q. Do you know who would know?

A. Possibly Marie-Christine Leavitt.

Q. Are back-ups done for the general

regulatory data base?

A. I believe tech services does.

Q. Do you know what the schedule is?

A. No, I don't.

Q. And do you know what the retention period

is for the back-ups?

A. No, I don't.

Q. Who would know?

A. Possibly Marie-Christine Leavitt.

Q. Are back-ups done on the regulatory permit

data base?

 


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A. I think so.

Q. And who does that?

A. I believe tech services does.

Q. Do you know what the schedule is?

A. No, I do not.

Q. Do you know what the retention period is

for the back-ups?

A. No, I do not.

Q. Who would know?

A. I believe Marie-Christine Leavitt.

Q. Do others within the Water Management

District have access to the regulatory permit data

base?

A. No.

Q. Do others within the Water Management

District have access to the general regulatory

data base?

A. No.

Q. Do others within the Water Management

District have access to the exemption data base?

A. Could you clarify the question?

Q. Others outside the regulatory

administration?

A. Yes.

Q. Who outside the regulatory administration


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has access?

A. Within the regulation department,

everybody within the regulation department.

Q. Do others outside the regulation

department have access?

A. No.

Q. And how about to the application tracking

system?

A. Within the regulation department.

Q. Only?

A. Right.

Q. Are there any entities outside the Water

Management District, that you're aware of, that

have access to any of these four entities?

A. No.

Q. Are any permanent records maintained of the

quarterly reports you indicated are done on the

data bases?

A. I think so, yes.

Q. Where are those permanent records

maintained?

A. I don't know.

Q. Who would know?

A. Ann Roth.

Q. Other than the quarterly reports you've


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mentioned, are there any other reports generated

from these four data bases?

A. Could you clarify, please?

Q. Any other reports other than the quarterly

reports that you have already described?

A. We have management reports.

Q. And what are the management reports?

A. Deadlines approaching, which projects are

being reviewed by which reviewers, trying to keep

track of who has the heaviest workload, when 30-day

letters are due, when permits are due to be sent

out. There's numerous management reports.

Q. Are those reports internal to the

regulation department?

A. Yes, they are.

MS. NASH: I have no further

questions.

CROSS-EXAMINATION

QUESTION BY MR. RICHARDS:

Q. Ms. Colavecchio, my name is Joe Richards.

I represent the cities of Belle Glade and

Clewiston.

For these data bases that you mentioned,

 


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are there individual managers for each of the data

bases?

A. I'm not sure I know what you mean.

Q. Is there one individual of the department

responsible for managing the data base?

A. Marie-Christine Leavitt is our data base

manager.

Q. And that would apply to all the data bases

you discussed?

A. Yes.

Q. Are you aware of any guidelines to

maintain the integrity of this data base, all four

of them?

A. I'm not sure I know what you're talking

about.

Q. Are you aware of any guidelines to protect

the data in the data bases?

A. We have security.

Q. Could you explain that security process to

me?

A. Not everybody is able to input or delete

or make changes to the data bases. Everybody in

the department has access only. Only a few people

are allowed to make any kind of changes.

Q. Read only access; is that what you mean?

 


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A. Right.

Q. Are you aware of a data base that contains

a listing of the permits that are issued to the

district by other entities?

A. No.

Q. Are you aware of whether these data bases

can be searched by geographic location?

A. We have section, township, and range, in

the data base, but it's not complete.

Q. Is it possible to search these data bases by

permittee?

A. Yes.

Q. Are you aware of quality assurance or

quality control guidelines for data entry

procedures?

A. Yes.

Q. Is there a manual for those guidelines?

A. Yes.

Q. What's that called?

A. It is the documentation for the tracking

system.

Q. What about the other data bases?

A. No.

MR. RICHARDS: I have no further

questions. Thank you.

 


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(The deposition was concluded at

11:20 o'clock a.m.)

 

 


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I, BETH COLAVECCHIO, do hereby certify

that I have read the foregoing transcript of my

deposition given on 28th day, August, 1990; that

together with the correction page attached hereto

noting changes in form or substance, if any, it is

true and correct.

 

_____________________________
BETH COLAVECCHIO

 

I do hereby certify that the

depostion of BETH COLAVECCHIO was submitted to the

witness for reading and signing; that after he had

stated to the undersigned Notary Public that he had

read and examined his depositon, he signed the

same in the presence of the undersigned authority

on the _____ day of ____________, 1990.

_____________________________
Notary Public
My Commission expires:   _______

 

 

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