** 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 KEN FOOTE 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 ** 2 INDEX August 28, 1990 DIRECT CROSS REDIRECT RECROSS KEN FOOTE By Ms. Beverly Nash 5 By Mr. Joe Richards 12 ** 3 The deposition of Ken Foote, 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 9:40 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 ** 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 Ray Roberts ** 5 MS. WATERS: Just for the record, I'm Jackie Waters, and I will be defending his deposition. THEREUPON, KEN FOOTE being by me first duly sworn to tell the whole truth, as hereinafter certified, testified as follows: DIRECT EXAMINATION BY MS. NASH: Q. Mr. Foote, I'm Beverly Nash. I'm counsel for the United States in this litigation. We are taking these depositions to find out about the Water Management District's computers, and how they're used, and what kind of data is on them, and how that data is formatted. You're here as a representative of the district with knowledge on one or more of the areas in which we're interested. Have you been shown a list of categories? A. Was that the copy of the subpoena? Q. Yes. ** 6 A. Yes. Q. Do you know to which categories you're responsive? A. No. Q. I'm going to show you the list and ask you to look at it and tell me which categories you have information on. A. Are those the ones in Paragraph 1 on this page? Q. They start with Paragraph 1 and go through to Paragraph 9. A. Okay. Could you repeat the question? Q. Yes. To which paragraphs are you responsive? A. Really none. I'm the computer coordinator for the department, but I don't really use any of these systems. Maybe you can be a little more specific. MS. NASH: Well, I think what we're going to do is end this one and call the magistrate. This is getting absurd. We are suppose to be having people that are responsive to these areas of inquiry. The majority of the people submitted to date have been so totally nonresponsive. ** 7 You know, I'm putting you on notice now that there will be a rather major motion for costs and sanctions for this whole proceeding. I don't see any point in proceeding with this gentleman, since he obviously is not responsive to this subpoena. MS. WATERS: I think the question in which Mr. Foote was asked is which he had more information -- or what was he responsive to. I think if you would ask the witness which category that he would have some information about that you would find he has some information as a computer coordinator about Paragraph 2. Further, the witnesses that have been produced thus far to date in response to the United States' request for the 30(B)6 deposition, the district has been most responsive. The witnesses have answered the questions and they are the persons who have been designated by the district to have most knowledge about the computer systems, how they network, and how they interface, and that was the purpose of this deposition, so that the United States would have an understanding of how the district's systems operate and how they worked, and that's the district's position in these depositions. ** 8 MS. NASH: We'll let the court decide on whether that's an acceptable position. May I see the subpoena, please? Q. (By Ms. Nash) Mr. Foote, you indicated you're a computer coordinator for what division or department? A. For the department of land management. Q. And what are your responsibilities as the computer coordinator? A. As the computer coordinator for the department, I attend the monthly meeting, called "the Computer Coordinators' Meeting," at which point, the various new systems are discussed. I take that information back to the department and I share it with the department staff at the staff meeting. Sometimes I get handouts and I copy that and distribute it to the employees within the department, those that have use for some of the various systems that the district has the computer systems. Q. You do not utilize any of the computer systems? A. I have on my desk a terminal, and that terminal I use for accessing accounting and budgetary data. I use Word Perfect for word ** 9 processing. Q. Are you familiar with the work that the land management division does utilizing computers? A. In my role as the computer coordinator, yes, I do. Q. What does the land management division do in its utilization of computers? A. The land management department has a division called, "the Survey and Mapping Division," and what the survey division does is prepare -- they have field personnel who do boundary surveys and right-of-way surveys, and then, the employees that work in the survey division, then, draw surveys, sketches; and they use Auto/CADD for most of the work that they do. Q. Which computers do they utilize? A. To the best of my knowledge, they all use IBM PC. Q. Do you know whether any of the data on computers that the land management department has is transferred to entities outside the Water Management District? A. I have no knowledge. Q. Do you know whether the land management department receives data from entities outside the ** 10 Water Management District? A. I have no knowledge of that either. Q. Do you know how data is transferred from the land management department to other entities within the Water Management District? A. I know that almost every computer in our department and every terminal is hard wired into the district's computer LAN's network. Q. What is the LAN's network? A. Well, LAN, L-A-N is the local area network. Q. Do you know whether any computers outside the Water Management District are connected into this local area network? A. I have no knowledge. Q. Do you know how many employees in the land management department utilize the Auto/CADD? A. My best estimate would be 12. Q. Do you know their names? A. Yes. Q. Would you state their names, please? A. Howard Emhke, Dennis Meierer, Ed Scott, Maryann Jones, Mike Horan, Mark Hummel, Felicia Merrill, Colleen Chennel, Cordella Miessau, Lee Henderson, Carl Zeis, and Janet de' St. Croix. ** 11 Q. Do you know whether the land management department has done any surveying of the Water Conservation Areas? A. I have no knowledge. Q. Do you know whether the land management department has done any surveying of Everglades National Park? A. I have no knowledge of that either. Q. Do you know whether the land management department has done any surveying of the Loxahatchee National Wildlife Refuge? MS. WATERS: Is that related to computers in their use of surveying? MS. NASH: Well, he says they use the Auto/CADD on the computers to do the survey work, so, yes, it's related. A. Would you repeat the question? MS. NASH: Would you read the question back, please? (WHEREUPON, the requested testimony was read back by the court reporter.) A. I have no knowledge of that either. Q. (By Ms. Nash) Do you know whether the land ** 12 management department has done any surveying of the Everglades Agricultural Area? A. I have no knowledge of that either. MS. NASH: I have no further questions. CROSS-EXAMINATION QUESTION BY MR. RICHARDS: Q. Mr. Foote, my name is Joe Richards. I represent the cities of Belle Glade and Clewiston. You mentioned a meeting which you attend for coordination of the computer systems. Who holds this meeting? A. The tech services department of the Water Management District. Q. Is there an individual responsible for conducting these meetings? A. Yes. Q. Who is that? A. The person is Lavinia Ricketts. Q. And besides yourself and Ms. Ricketts, who else attends this meeting? A. There is a representative from every department and office in the Water Management ** 13 District. Q. Do you know who that representative is for the research and evaluation department? A. I believe that person is Vince Faraone. I have seen Vince at the meeting several times, and I have assumed that he is the representative from R and E. Q. And do you know who the representative is from the planning department? A. I believe that representative is Steve Reel. Q. And for the Regulation Department? A. I believe that representative is BOB Gioannini. Q. Do you know how to spell Mr. Gioannini's name? A. "G-i-a-n-i-n-i," [sic] I believe. Q. Are there any representatives from any of the divisions within the Water Management District? A. Not to my knowledge. Q. You mentioned mapping, a survey and mapping division, do you know what type of mapping work this division does? MS. WATERS: Is that question related to mapping on computers? ** 14 MR. RICHARDS: Uh-huh. MS. WATERS: Okay. If you know. A. That division I spoke of was the same division I spoke of earlier that I mentioned the names of the people who use Auto/CADD, that's the survey mapping division, they all work in the same division. Q. (By Mr. Richards) Do you know what type of maps they generate? A. Generally, they generate survey maps, boundary survey maps, right-of-way survey maps. Q. Do you know whether there is an index to these maps? A. No, I do not have knowledge of an index. Q. Do you know who would know whether there is an index to these maps? A. The division director for that division. Q. Who is that division director? A. Carl Zeis. Q. Do you know how to spell his last name? A. I believe it is, "S-e-i-s." [sic] Q. Do you know whether the land management department has records of ownership of the land within the district? MS. WATERS: Is that a question ** 15 that's related to the use or interfacing network of the computers? MR. RICHARDS: It's a question of what they have on their computers or the data or information contained on the computer. MS. WATERS: If you know what's contained on the district's computer related to that question, you can answer. A. Yeah, maybe you better repeat the question again. Q. (By Mr. Richards) Do you know whether the land management department has any records of ownership of the land within the Water Management District? A. I don't think I can answer this question with a "yes" or "no." I'm going to have to try and explain. We have a need to know all the land that the Water Management District owns within the Water Management District, and that we have a record of; but the department does not have a computerized list of all ownership of all land within the district. Q. Does this record of land owned by the Water Management District have a name? ** 16 A. I honestly don't remember if it has a name. We just refer to it as, "the district ownership." Q. Do you know where that information is stored? A. Yes, that information is stored in an Oracle data base. Q. On what computer? A. That I don't really know. Q. Do you know who is responsible for maintaining this data base? A. Yes, I do. Q. Who is that? A. His name is Tony, M-e-l-l-e-y, Melley. Q. In what division or department does he work? A. He works in the land management department, and he works in the staff division. Q. Are you aware of any policies or guidelines within the land management division for quality assurance or quality control of the computer data bases? A. No. Q. Are you aware of any guidelines for maintaining data base integrity? ** 17 A. Department wide? District wide? Could you clarify the question? Q. District wide? A. I don't have knowledge of any written policy or procedure regarding integrity of data bases and security for data bases. Q. Are you aware of whether the computer systems utilized by the land management division are accessible by entities outside the district? A. I have no knowledge of that. Q. Who would know of that? A. I don't know. Q. Do you know whether the computer data bases utilized by the land management division provide read only access? A. I do not have specific knowledge of that. Q. Are you aware of any data being lost from any of the computers? A. No. MR. RICHARDS: Thank you, Mr. Foote, I have no further questions. I think, for the record, I'd like to indicate that I believe numerous witnesses that have been produced have been unresponsive to the U.S. request and also several other individuals ** 18 have been identified by certain witnesses which would have knowledge responsive to the United States' request, and these witnesses have not been proffered. MS. WATERS: Just for the record, the district has previously stated its position as relating to these computer depositions. And while there may be a number of -- while there may be a number of the people at the district who have knowledge specifically and generally about the specific issues computer system, the district has produced those people it believes that are most responsive to how the district's computer systems network interface and how it's most appropriate addressed to these inquiries that were presented in the United States' request to the district. MS. NASH: When you produce a witness who doesn't even know what computer she uses or what software she uses on it out of office of counsel or the financial office is nothing relevant to this lawsuit that is not a responsive individual. MS. WATERS: For the record, the district notes the objections from both the United States and from the cities of Belle Glade and ** 19 Clewiston. (The deposition was concluded at 10:05 o'clock a.m.)