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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.
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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.
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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.
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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
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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
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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.
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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
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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
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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?
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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
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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?
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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?
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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
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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
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Clewiston.
(The deposition was concluded at
10:05 o'clock a.m.)
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I, KEN FOOTE 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.
_____________________________
KEN FOOTE
I do hereby certify that the depostion of
KEN FOOTE 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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