1

1 Division of Administrative Hearings

2 Department of Administration, State of Florida

3 SUGAR CANE GROWERS COOPERATIVE )

of FLORIDA; ROTH FARMS, INC.; and )

4 WEDGEWORTH FARMS, INC., )

Petitioners, )

5 V ) DOAH

SOUTH FLORIDA WATER MANAGEMENT ) Case 92-3038

6 DISTRICT, an agency of the State )

of Florida; et al., )

7 Respondents. )

FLORIDA SUGAR CANE LEAGUE, INC.; )

8 UNITED STATES SUGAR CORPORATION; )

and NEW HOPE SOUTH, INC., )

9 Petitioners, )

V ) DOAH

10 SOUTH FLORIDA WATER MANAGEMENT ) Case 92-3039

DISTRICT, an agency of the State )

11 of Florida, et al., )

Respondents. )

12 FLORIDA FRUIT and VEGETABLE )

ASSOCIATION; LEWIS POPE FARMS; )

13 W.E. SCHLECHTER & SONS, INC., )

and HUNDLEY FARMS, INC., )

14 Petitioners, )

V ) DOAH

15 SOUTH FLORIDA WATER MANAGEMENT ) Case 92-3040

DISTRICT, an agency of the State )

16 of Florida, et al., )

Respondents. )

18 Deposition of Sandra Formati

19 Taken before April Y. Sapp, Court Reporter

and Notary Public in and for the State of Florida at

20 large, pursuant to notice of taking deposition filed

by the Petitioners in the above cause.

21 - - -

Monday October 19, 1992

22 3301 Gun Club Road

West Palm Beach, Florida 33406

23 9:35 a.m. - 2:22 p.m.

- - -

1 APPEARANCES:

On behalf of the Petitioners Florida Sugar

3 Cane League, Inc., United States Sugar, Corp.,

and New South Hope, Inc.:

4 Peeples, Earl & Blank, P.A.

One Biscayne Tower, Suite 3636

5 Two South Biscayne Boulevard

Miami, Florida 33131

6 By: JONATHAN L. GAINES, ESQUIRE

7 On behalf of the Respondent SFWMD:

South Florida Water Management District,

8 3301 Gun Club Road

West Palm Beach, Florida 33406

9 By: RUTH CLEMENTS, ESQUIRE

10 On behalf of the Intervenor United States of America:

Department of Justice

11 155 South Miami Avenue, Suite 627

Miami, Florida 33130-1693

12 By: ROBERT ROSENBERG, ESQUIRE

13 - - -

1 - - -

2 I N D E X

3 - - -

5 WITNESS: DIRECT CROSS REDIRECT RECROSS

6 Sandra Formati

BY MR. GAINES 4

1 - - -

2 E X H I B I T S

3 - - -

5 NUMBER PAGE NO.

6 EXB. NO. 1 70

Memorandum 6-5-90 To Paul Whalen From Sarah Nall

EXB. NO. 2 70

8 What Remains to be Completed for Vol. II

9 EXB. NO. 3 70

Electronic Files

EXB. NO. 4 70

11 Draft Everglades SWIM Plan (9-24-91 version)

Comments and Proposed District Responses 12-11-91

EXB. NO. 5 70

13 Draft Everglades SWIM Plan Revision

Everglades SWIM Plan Proposed Revision

EXB. NO. 6 70

15 External Comments Received on the Draft

Everglades SWIM Plan

EXB. NO. 7 87

17 Draft Surface Water Improvement

Supporting Information Document 9-24-91

EXB. NO. 8 89

19 SWIM Legislation

20 EXB. NO. 9 104

61357

EXB. NO. 10 106

22 D. Swift 3-2-90

Draft Outline Issues to go into Vol. II

1 P R O C E E D I N G S

2 - - -

3 Thereupon,

4 Sandra Formati,

5 being by the undersigned Notary Public first duly

6 sworn, was examined and testified as follows:

7 THE WITNESS: I do.

8 DIRECT (Sandra Formati)

9 BY MR. GAINES:

10 Q. Ma'am, would you please state your name.

11 A. Sandra Formati.

12 Q. Have you ever had your deposition taken

13 before?

14 A. No.

15 Q. Let me just explain to you what we're here

16 for and how it works. My name is John Gaines and I

17 represent the Florida Sugar Cane League, U.S. Sugar

18 Corporation and New South Hope, Inc. in the SWIM plan

19 challenge, which is an ongoing proceeding.

20 Your deposition is being taken in that

21 proceeding. I'm going to ask you some questions and

22 you'll give me answers and she'll take it all down.

23 If you don't understand any of my questions or you

24 need me to make it more clear or rephrase it just let

25 me know and I'll try to help you out with that.

1 Also, I understand that you have some back

2 problems that might be occurring. If you need to

3 take a break at any time or you want to get up and

4 walk around, whatever you need to do, let me know and

5 we'll accommodate you for that.

6 You are employed currently by the South

7 Florida Water Management District, is that correct?

8 A. Yes.

9 Q. How long have you been with the District?

10 A. A little over three and a half years.

11 Q. And what is your current position?

12 A. Assistant engineering technician.

13 Q. Assistant -- I'm sorry.

14 A. Engineering technician.

15 Q. Could you briefly describe for me your

16 educational background?

17 A. I have a Bachelor of Science in biology.

18 Q. Where did you get that?

19 A. University of West Florida in Pensacola.

20 Q. Okay. What year was that?

21 A. 1980.

22 Q. 19 --

23 A. '80.

24 Q. -- 80.

25 Any other graduate or undergraduate

1 degrees?

2 A. No.

3 Q. Where were you born, ma'am?

4 A. Youngstown, Ohio.

5 Q. After graduating from the University of

6 West Florida in 1980 where were you employed? What

7 did you do next?

8 A. Jones & Laughlan.

9 Q. What kind of organization is that?

10 A. Steel company.

11 Q. A steel company?

12 A. Steel.

13 Q. Where are they located?

14 A. Youngstown, Ohio.

15 Q. Is that like a steel mill?

16 A. Yes.

17 Q. What did you do there?

18 A. I was a technician in the chemistry lab.

19 Q. You say you got your B.S. in biology. Any

20 particular specialty or sub area of biology?

21 A. Marine biology.

22 Q. Did you ever do any work toward a graduate

23 degree?

24 A. No.

25 Q. As a technician with Jones & --

1 L-o-c-h-e-r-a-n?

2 A. L-a-u-g-h-l-a-n.

3 Q. I was close.

4 As a technician with them in the chemistry

5 lab, what were your job duties? What kind of things

6 did you do?

7 A. I tested the steel samples that came in

8 before the steel was poured.

9 Q. And how were those tests done just briefly?

10 A. How? Well, there were a lot of different

11 tests they did using lab equipment.

12 Q. And you were the person or one of the

13 people that actually physically did the tests on the

14 steel samples?

15 A. Uh huh.

16 MS. CLEMENTS: Sandra, you need to answer

17 yes or no because the court reporter can't get

18 just nods or shakes and so forth.

19 BY MR. GAINES:

20 Q. Yeah. You have to help her out.

21 What other types of duties did you have at

22 Jones & Laughlan if any?

23 A. That was it.

24 Q. Then in connection with the tests that you

25 did on the steel samples would you write reports?

1 A. No. I kept lab books of my records.

2 Q. How long were you with Jones & Laughlan?

3 A. I don't remember.

4 Q. Where did you go from there?

5 A. I went to Denver.

6 Q. Denver.

7 Were you employed in Denver?

8 A. No.

9 Q. What was the next employment that you held?

10 A. I worked for a jewelry company.

11 Q. Where was that?

12 A. Fort Lauderdale.

13 Q. How long were you located in Denver?

14 A. Couple of months.

15 Q. And do you recall what year this was or do

16 you have a rough estimate?

17 A. '81.

18 Q. So you were at Jones & Laughlan about a

19 year before you went to Denver?

20 A. Yes.

21 Q. And then after a couple of months in Denver

22 you moved to Fort Lauderdale, is that correct?

23 A. No. I came back to Ohio first.

24 Q. Okay.

25 A. And then to Fort Lauderdale.

1 Q. Okay. I'm just trying to get your general

2 background. But for whatever personal reasons you

3 left Ohio, you went to Denver, you came back to Ohio

4 and then moved to Fort Lauderdale?

5 A. Uh huh.

6 Q. And then you had a job with a jewelry

7 company?

8 A. Yes.

9 Q. What jewelry company was that?

10 A. I don't remember the name.

11 Q. What did you do there?

12 A. I worked in the office.

13 Q. Clerical work?

14 A. Yes.

15 Q. Typing, secretarial work?

16 A. Yes.

17 Q. And how long were you in that job?

18 A. It was a temporary job. Just a couple of

19 months.

20 Q. Can you just sort of, in a narrative

21 fashion, take me through your history up until the

22 time you came to the Water Management District?

23 Maybe we can cut some of this short.

24 A. Well, after I left the jewelry company I

25 worked for several different labs as a technician. I

1 worked for an insurance adjusting office and the last

2 job I held before I moved to Palm Beach County was in

3 a battery lab for a battery company.

4 Q. Okay. You say you worked for several

5 different labs as a technician. Can you tell me

6 which labs those were?

7 A. Well, the job previous to coming to the

8 District was a tissue culture lab.

9 Q. That was just prior to coming to the

10 District?

11 A. Yes.

12 Q. Tissue culture lab?

13 A. Yes.

14 Q. What was the name of that lab?

15 A. Agragene, (phonetic).

16 Q. Where are they located?

17 A. Lantana.

18 Q. You were a technician there?

19 A. Research assistant.

20 Q. What kind of functions did you perform in

21 that capacity?

22 A. I mixed media for the plants. I mixed the

23 salts. I developed techniques for cutting the plants

24 and the types of media to be used. I supervised the

25 production of media.

1 Q. When you say media are you talking about

2 something that goes in a Petri dish that grows

3 cultures?

4 A. Yes.

5 Q. And you were the person who actually mixed

6 the this stuff up and filled the Petri dishes?

7 A. I did that and also supervised other people

8 who mixed the media.

9 Q. Who was your supervisor there?

10 A. Alice Vidra.

11 Q. V-i-d-r-o?

12 A. V-i-d-r-a.

13 Q. Did you do any other -- did you have any

14 other functions there other than what you've just

15 described?

16 A. I supervised the people who autoclaved the

17 media and washed the dishes.

18 Q. What kind of tissues were you growing at

19 this lab? What kind of tests?

20 A. Plant.

21 Q. Plant?

22 A. (Nods.)

23 Q. And which -- what kind of customers used

24 the services of the lab?

25 MS. CLEMENTS: If you know go ahead and

1 answer it.

2 THE WITNESS: Growers.

3 BY MR. GAINES:

4 Q. Growers?

5 A. Uh huh.

6 Q. What kind of growers?

7 A. Nurseries.

8 Q. Do you know the approximate time frame you

9 worked at Agragene?

10 A. This is about five years ago for about a

11 year and a half.

12 Q. And this was the job you had just prior to

13 coming to the District?

14 A. Yes.

15 Q. You mentioned that you were with several

16 different labs. Can you tell me the other labs you

17 were with?

18 A. I worked for a cancer research lab as a

19 technician in Fort Lauderdale and the one I already

20 mentioned.

21 Q. Okay. The cancer research lab, what was

22 the name of that? You knew I was going to ask that?

23 A. Yes. I can't remember.

24 Q. You can't recall the name?

25 A. No.

1 Q. Can you recall when you worked there?

2 A. I'm guessing it's seven or eight years ago.

3 Q. Do you have a resume, current resume here

4 in your possession?

5 A. No.

6 Q. Did you prepare one when you became

7 employed by the District?

8 A. Yes.

9 Q. Do you still have copies of that one?

10 A. No.

11 Q. Do you know if anyone at the District in

12 personnel or someplace would have a copy of that?

13 A. Yes.

14 Q. Who would have that?

15 A. I believe it's in my personnel folder.

16 Q. Do you know who is in charge of personnel --

17 A. No.

18 Q. -- would be in charge of your personnel

19 folder?

20 A. No.

21 Q. Is there a Personnel Department?

22 A. Yes. Human Resources.

23 Q. And what type of functions did you perform

24 at the cancer research lab?

25 A. I worked with the mice in harvesting fluid

1 from the mice that had cancer.

2 Q. Harvesting?

3 A. The type of fluid that they had from the

4 cancer.

5 Q. So they had a lab full of mice that they

6 were doing different experimental procedures with and

7 you worked with the mice?

8 A. Uh-huh.

9 Q. And did you generate reports in that job as

10 well?

11 A. No.

12 Q. Do you remember who your supervisor was?

13 A. No.

14 Q. Did you have an immediate supervisor there?

15 A. Yes.

16 Q. All right. What other labs?

17 A. That's it.

18 Q. Just the two?

19 A. That's three.

20 Q. You told me about the tissue culture lab,

21 Jones & Laughlan steel company and the cancer

22 research lab. What am I leaving out?

23 A. A battery lab.

24 Q. Okay. What was the battery lab?

25 A. ACR Electronics in Hollywood.

1 Q. When were you employed there?

2 A. I'm guessing 1984.

3 Q. For how long?

4 A. A year.

5 Q. And what functions did you perform at ACR?

6 A. I assisted the battery chemists.

7 Q. In what way?

8 A. Testing batteries, making up batteries. I

9 tested incoming chemicals to see if they were okay

10 for use for production.

11 Q. Did you write reports as part of this job?

12 A. I filled out a sheet for the company on

13 chemicals showing what I found, the amount

14 specifications.

15 Q. Any other significant employment prior to

16 coming to the District that we haven't talked about?

17 A. I can't think of any.

18 Q. How did you come to be employed by the

19 Water Management District? Did you come and

20 interview for a job? Did you see an ad in the paper?

21 A. I saw an ad in the paper and I applied.

22 Q. And for what position?

23 A. Technician in the chem lab.

24 Q. I'm sorry?

25 A. A technician for the chem lab, chemistry

1 lab.

2 Q. And were you hired in that position?

3 A. Yes.

4 Q. Who hired you?

5 A. Bill Donovan.

6 Q. What is his position?

7 A. I'm not sure. He's left the lab. He's not

8 in the lab any more.

9 Q. He was connected with the chemistry lab?

10 A. Yes.

11 Q. When was this? When did you start with the

12 District?

13 A. It's a little over three and a half years.

14 Q. As a chemistry lab technician what were

15 your duties?

16 A. I tested for the solids, fluorides and a

17 lot of bottle washing.

18 Q. I'm sorry. I didn't hear the last part.

19 A. A lot of bottle washing.

20 Q. A lot of bottle washing.

21 Was this a full time or part time position?

22 A. Full time.

23 Q. So when you say you tested for solids you

24 were involved in testing samples of water for solids?

25 A. Yes.

1 Q. And you worked in the lab physically doing

2 these tests?

3 A. Yes.

4 Q. And who was your supervisor in the lab?

5 A. Bill Donovan.

6 Q. What was the testing for fluorides? You

7 say you also tested for fluorides?

8 A. Yes.

9 Q. That was also --

10 A. It's kind of a long procedure. I couldn't

11 really give it to you off the top of my head.

12 Q. Give me a general description of it,

13 please.

14 A. I really couldn't.

15 Q. Well, does it also involve testing a water

16 sample?

17 A. Yes.

18 Q. You take it, put it in machine or add some

19 chemicals to it?

20 A. Add some chemicals to it and then test it

21 on a machine.

22 Q. In doing these tests on the water samples,

23 were you working independently or under Mr. Donovan's

24 direction? Were you an assistant or were you doing

25 these tests yourself?

1 A. Doing the tests myself.

2 Q. And then what was done with the data that

3 you generated?

4 A. I filled out a report and turned it in.

5 Q. Do you know what happened with the reports?

6 A. No.

7 Q. Were you working on specific -- specific

8 defined studies that the Water Management District

9 was doing?

10 A. I don't know.

11 Q. How were your tasks given to you in the

12 chemistry lab?

13 A. I received -- I got a print out of the

14 sample numbers that needed to be tested for fluorides

15 or solids, but I don't have any idea what project

16 they were associated with.

17 Q. So you would get a sample of water that

18 just had a sample number?

19 A. Yes.

20 Q. And did you have any idea where that water

21 came from?

22 A. No.

23 Q. And you didn't have any real feel for where

24 your data fit into any kind of ongoing study or

25 monitoring effort?

1 A. No.

2 Q. In your later work on the Everglades SWIM

3 Plan, did you ever see any data cited that you

4 recognized as something you had generated?

5 MS. CLEMENTS: Objection. No foundation.

6 Go ahead.

7 BY MR. GAINES:

8 Q. At some point later in your career at the

9 District, you did some work on the Everglades SWIM

10 Plan, is that correct?

11 A. Yes.

12 Q. In doing that work, did you ever notice

13 whether any of your -- of the data that you had

14 generated was cited to in the SWIM plan?

15 A. No.

16 Q. Did you ever notice one way or the other?

17 A. No.

18 Q. Other than these tests we're talking about

19 and the bottle washing type functions were there any

20 other tasks that you had as the chem lab technician?

21 A. No.

22 Q. How long did you stay in that capacity,

23 chemistry lab technician?

24 A. Four and a half months.

25 Q. And what happened after four and a half

1 months?

2 A. It was a temporary position. It ended. I

3 applied for another position.

4 Q. Oh. The chem lab position was only

5 temporary?

6 A. Yes.

7 Q. And you knew that when you started?

8 A. Yes.

9 Q. All right. And when that happened what

10 position did you apply for?

11 A. Another temporary position, water quality

12 research technician.

13 Q. And you got that position, I assume.

14 A. Yes.

15 Q. What was the water quality research

16 technician? What duties did you have in that role?

17 A. I assisted people who were working on the

18 Everglades SWIM Plan.

19 Q. When you were with the chemistry lab what

20 department or division of the Water Management

21 District were you working in?

22 A. Water Quality.

23 Q. Water Quality Department or division?

24 A. Department.

25 Q. And in the organizational set up is there

1 also a division that that's part of?

2 A. Chemistry lab.

3 Q. And as a water quality research technician

4 were you also in the Water Quality Department?

5 A. Yes.

6 I'm not real positive on these answers as

7 far as the organization.

8 Q. That's a good point.

9 A. I'm kind of guessing.

10 Q. On these answers, or any of your answers,

11 if you don't know the answer to something, you can

12 say you don't know. You don't have -- I don't want

13 you to guess at any of this stuff. If you don't know

14 just tell me you don't know, please.

15 Who hired you for the water quality

16 research technician job?

17 A. Joel VanArman.

18 Q. This was approximately three years ago?

19 A. Yes.

20 Q. What is Mr. VanArman's position or what was

21 it then?

22 A. Supervising professional.

23 Q. And what were you hired to do? What were

24 your duties?

25 A. I was taking data from permits and putting

1 it into xerox format tables.

2 Q. Anything else?

3 A. Well, I was in that position for awhile, so

4 what do you mean?

5 Q. Okay.

6 A. That was initially what I was doing when I

7 was hired.

8 Q. When you were initially hired for this you

9 said it was another temporary position. How long was

10 it to last?

11 A. A year and a half.

12 Q. At that point in time you said you were

13 assisting the people who were working on the SWIM

14 plan three years ago. This was in 1989 --

15 A. (Nods.)

16 Q. -- when you came on board?

17 MR. ROSENBERG: I think that was a yes.

18 She nodded her head.

19 THE WITNESS: Yes.

20 MR. GAINES: I'm sorry. The witness nodded

21 yes.

22 BY MR. GAINES:

23 Q. When you came on board and began doing any

24 work relating to the SWIM plan, was there already a

25 draft of the SWIM plan in existence being the

1 Everglades SWIM Plan I'm talking about?

2 A. No.

3 Q. So however many drafts that have been of

4 the Everglades SWIM Plan have you been involved in

5 working on all of them?

6 A. Yes.

7 Q. All right. You described your initial duty

8 as that of taking data from permits and putting it

9 into xerox format for use in tables, I guess.

10 What permits are you talking about?

11 A. DER hazardous waste permits.

12 Q. What was involved in putting it into the

13 xerox format?

14 A. Typing.

15 Q. This is on a xerox work station?

16 A. Yes.

17 Q. And what type of information were you

18 typing into the tables?

19 A. Name, location, status.

20 Q. Was this a -- would you describe this as

21 sort of a mechanical function or --

22 A. Yes.

23 Q. In other words, you would pick up a permit,

24 look at a permit and there's certain information that

25 appears on the face of the permit and you would type

1 that into your system to add to some data that you

2 were collecting into a table?

3 A. Yes.

4 Q. And those tables ultimately became part of

5 the SWIM plan?

6 MS. CLEMENTS: Objection. Leading.

7 BY MR. GAINES:

8 Q. Is that correct?

9 A. Yes.

10 Q. In doing that one function that we just

11 talked about, did you have to use any discretion or

12 judgment or draw any kind of conclusions in creating

13 these tables?

14 A. I had to determine whether or not the

15 permits existed within the SWIM plan boundaries.

16 Q. Whether they were geographically within the

17 boundaries?

18 A. Yes.

19 Q. Anything else?

20 A. No.

21 Q. All right. Who were you working under in

22 this function? Who was your supervisor?

23 A. Joel VanArman.

24 Q. Other than that task we just spoke about

25 what other duties did you have during this time?

1 A. No response.

2 Q. Let me make it easier. I see you

3 struggling.

4 During this time, I take it, at some point

5 your duties in connection with the SWIM plan drafting

6 expanded beyond taking data from the permits and

7 putting it into a xerox format to make tables. At

8 some point in time you also assumed other duties?

9 A. Yes.

10 Q. Okay. Can you tell me is it also correct

11 to say that you've been working generally

12 continuously on SWIM plan drafting in some form or

13 another since you assumed that position three years

14 ago?

15 A. Yes.

16 Q. All right. Why don't you tell me what

17 other types of duties you ultimately assumed in the

18 SWIM plan process and then we can go into those.

19 A. Basically, I helped to get the document

20 ready for publishing. I do spelling checking. I

21 take graphics and scan them electronically to put

22 them into the electronic copy. I convert documents

23 to put them into xerox format. I helped to get the

24 document ready to go to the print shop for

25 publication. I helped to do editorial corrections.

1 Q. Anything else?

2 A. That's basically it.

3 Q. When you started on this project you were a

4 water quality research technician. Is that still

5 your title?

6 A. No.

7 Q. Tell me -- what's your current title?

8 A. Assistant engineering technician.

9 Q. Have you had any other titles besides those

10 two?

11 A. No.

12 Q. When did you become an assistant

13 engineering technician?

14 A. Two years ago.

15 Q. What is the difference between a water

16 quality research technician and assistant engineering

17 technician?

18 A. In my case, none.

19 Q. You are doing the same job?

20 A. Yes.

21 Q. Same function, just a different title?

22 A. Yes.

23 Q. Why did you receive a new title if you

24 know?

25 A. I was hired on a permanent basis and I

1 don't know why they gave me that title.

2 Q. So when you started as a water quality

3 research technician that was to be temporary for one

4 and a half years?

5 A. (Nods.)

6 Q. And then was it after the one and a half

7 years that you were hired permanently?

8 A. Yes.

9 Q. And then you became what they call an

10 assistant engineering technician?

11 A. Yes.

12 Q. Other than this change in title did your

13 life here, your job change in any way with that

14 change in title?

15 A. No.

16 Q. Same supervisor, same job function, same

17 desk, everything?

18 A. I changed supervisors.

19 Q. Who became your supervisor?

20 A. Dawn Reid.

21 Q. Up until that time you worked under

22 Mr. VanArman?

23 A. Yes.

24 Q. What department is Dawn Reid in? What is

25 his title?

1 A. She is --

2 Q. She?

3 A. -- technician supervisor.

4 Q. How do you spell her name?

5 A. D-a-w-n.

6 Q. Oh. Dawn?

7 A. R-e-i-d.

8 Q. And her title?

9 A. Supervising technician.

10 Q. Is that still in the Water Quality

11 Department?

12 A. No. There was a reorganization and it's

13 now the Planning Department, Lower District Planning

14 Division.

15 Q. Mr. VanArman is still a supervising

16 professional in the Water Quality Department?

17 A. No.

18 Q. What is he now?

19 A. He works in the Research Department. I'm

20 not sure of his title.

21 Q. Other than having a new supervisor, Dawn

22 Reid, what changes were there in your job as a result

23 of the change in title?

24 A. None.

25 Q. So there was really no point in time, from

1 what you are telling me, that you have changed your

2 duties with regard to the SWIM plan or assumed

3 greater duties or changed the character of what you

4 were doing?

5 A. No.

6 Q. All right. You mentioned several

7 categories of duties that you've done with regard to

8 the SWIM plan. I just want to go through them

9 briefly and make sure I understand what you are

10 telling me.

11 First thing you said is you help get the

12 document ready for publishing. That's kind of a

13 general statement. Can you break that down a little

14 bit for me? Or maybe that's what you did in your

15 subsequent list here. Well, go ahead and see if you

16 can break that down. Tell me what you mean by help

17 get the document ready for publishing.

18 A. Well, that means sending a copy to the

19 printer, making sure the pages are in order, making

20 sure graphics appear where they're supposed to, that

21 they're numbered correctly.

22 Q. A laundry list of mechanical nuts and bolts

23 type things that need to be got to get the document

24 in the proper format?

25 A. Yes.

1 MR. ROSENBERG: Can I throw a word out?

2 Proofreader. Are you a proofreader?

3 THE WITNESS: I do a little of that.

4 BY MR. GAINES:

5 Q. Okay. You also mentioned you did spell

6 check on the document.

7 A. Yes.

8 Q. Is that done with the computer?

9 A. Yes.

10 Q. You scan the graphics electronically. Is

11 that again to make sure -- tell me what that is.

12 A. It means taking a hard copy of that

13 graphic, putting it into the scanner. It goes into

14 an electronic format and it can then be printed on

15 the printer as opposed to photocopying it.

16 Q. All right. And then you also said -- you

17 stated you convert documents into xerox format. What

18 does that involve?

19 A. Putting information into xerox tables.

20 Q. That's it?

21 A. Yes.

22 Q. You stated you helped get the document

23 ready to go to the print shop. I think we talked

24 about that already.

25 Helped do editorial corrections. What does

1 that entail?

2 A. Taking a copy that someone has put

3 corrections on and changing them in the electronic

4 copying.

5 Q. Physically typing in somebody's edits?

6 A. Yes.

7 Q. Did you ever make any of your own editorial

8 corrections?

9 A. No.

10 Q. Do you have the authority to do that?

11 A. No.

12 Q. To what degree, if any, has your background

13 with lab work and your degree in marine biology, your

14 science background, to what degree is that used in

15 your current role with regard to the SWIM plan?

16 A. Currently I'm not involved with it.

17 Q. When you say currently you are not involved

18 with it, what do you mean?

19 A. Currently I'm not working with Everglades

20 SWIM.

21 Q. Well, let's say up until through the

22 production or the publication of the March 1992 draft

23 of the SWIM plan, to what degree, if any, was your

24 science laboratory tech background used?

25 A. Very little. Just in noticing if the

1 technical words were misspelled.

2 Q. Would you describe your involvement with

3 the SWIM plan as being purely a word processor type

4 function in technical production of the document as

5 opposed to the contents of the document?

6 A. Yes.

7 Q. Can you describe for me how -- what the

8 process was, from your point of view anyway, as to

9 how the SWIM plan was written, was put together? How

10 did it happen? I mean you started out with a blank

11 piece of paper and came out with the SWIM plan. And

12 I'm asking you how did we get from point A to point

13 B?

14 A. I don't know.

15 Q. Well, I'm asking from your -- from what you

16 observed.

17 A. Well, there were writers writing it.

18 Q. All right. Who would -- who were the

19 writers who wrote the SWIM plan?

20 A. There were a large number of contributors.

21 Q. How many?

22 A. I don't know.

23 Q. Can you estimate?

24 A. No.

25 Q. More than 10?

1 A. Probably.

2 Q. More than 50?

3 A. It's just a guess. I don't know.

4 Q. Did you ever attend any meetings where the

5 process of how the SWIM plan was going to be produced

6 was discussed?

7 A. No.

8 Q. Did you ever attend any meetings of any

9 kind?

10 A. It's pretty open.

11 MS. CLEMENTS: Objection.

12 Which?

13 THE WITNESS: Can you explain that? I go

14 to a staff meeting every month. What do you

15 mean?

16 BY MR. GAINES:

17 Q. You go to a staff meeting every month?

18 A. Well, we used to. It's a normal procedure

19 for every division.

20 MR. GAINES: What I would like to do, do

21 you have a copy, Ruth, of the current 1992 SWIM

22 Plan planning document?

23 MS. CLEMENTS: Not right here. I can get

24 one. What did you need to do?

25 MR. GAINES: I wanted to ask her some

1 questions about it. It might easier to have her

2 refer to. What I want to do is go through the

3 people that are on the title page and find out

4 what they did.

5 MS. CLEMENTS: Okay.

6 Let's take a break. I'll go ahead and we

7 can get a clean copy of the SWIM plan and bring

8 it on down.

9 (Thereupon, a recess was taken.)

10 BY MR. GAINES:

11 Q. I would like to refer to the -- it's not

12 the title page, it's the page on the March 13, 1992

13 draft Surface Water Improvement and Management Plan

14 for the Everglades planning document which lists

15 various personnel who contributed to the document.

16 Have you got that in front of you, ma'am?

17 A. Yes.

18 Q. I see that you're listed on here under the

19 term graphics, corrections, editing and formatting.

20 Is that an accurate description of what you did with

21 regard to this document?

22 A. Well, as for the graphics, I didn't create

23 any graphics. It was just what I told you, scanning.

24 Q. Okay.

25 MR. ROSENBERG: Could I suggest that page

1 or any page you ask questions about be xeroxed

2 and a copy given to the court reporter so that

3 anybody reading this thing will be able to

4 follow it?

5 MR. GAINES: I'm going to have a few

6 questions about different parts of this document

7 and we might just want to make an entire volume

8 of it marked it as Plaintiff's Number 1 for this

9 deposition. Would that be okay?

10 MR. ROSENBERG: Otherwise it would be

11 difficult to follow this thing.

12 BY MR. GAINES:

13 Q. All right. That description there next to

14 your name, that's basically the tasks that you were

15 describing to me previously?

16 A. Yes.

17 Q. Lynn Gulick, who's right above you there,

18 what is her role in the production of the SWIM plan

19 documents?

20 A. She compiled the appendices.

21 Q. Did you have any role in compiling the

22 appendices?

23 A. Yes.

24 Q. What was your role with regard to that?

25 A. I told you about the tables that I did with

1 permitting.

2 Q. Those ended up in one of the appendices?

3 A. Yes.

4 Q. Anything else that you did with regard to

5 the appendices?

6 A. For this particular draft I did

7 photocopying and so on and put it together for

8 printing.

9 Q. Mechanical assembling of the documents?

10 A. Yes.

11 Q. Thomas D. Fontaine Ph.D. What was his role?

12 A. I've never met him.

13 Q. Never handled any of his work or

14 incorporated it into what you were working on?

15 MS. CLEMENTS: If you know.

16 THE WITNESS: I believe there is one

17 section in the appendices that was his work. As

18 far as printing it, no. Nothing else.

19 BY MR. GAINES:

20 Q. It says next to him, STA model

21 documentation. Do you know what that refers to?

22 A. No.

23 Q. Do you know what STA stands for?

24 A. Can't remember.

25 Q. So as far as Tom Fontaine is concerned, you

1 think you may have assembled some of his documents

2 for one of the appendices, but that's about it as far

3 as your involvement?

4 A. Yes.

5 Q. Dewey Worth. What was his role?

6 A. I don't know.

7 Q. Did you work with Mr. Worth at all?

8 A. No.

9 Q. What about Sarah Bellmund?

10 A. I worked with Sarah at the beginning when I

11 was first hired. She put together the C-111 ENP

12 section.

13 Q. What does C-111 ENP signify? What does

14 that mean.

15 A. It's a geographical area.

16 Q. What is C-111?

17 A. It's a canal.

18 Q. And ENP?

19 A. Everglades National Park.

20 Q. And what type of work did you do with Sarah

21 Bellmund when you were first hired?

22 A. I put together xerox tables, perhaps.

23 That's about it.

24 Q. Put them together for her?

25 A. Typing information into tables.

1 Q. And you provided the tables to her or where

2 was she involved?

3 A. She gave me the information she wanted to

4 put into the table.

5 Q. Dave Swift, did you work with Mr. Swift at

6 all?

7 A. Very little.

8 Q. What type of work did you do with him?

9 A. The same as with Sarah.

10 Q. He would give you information and you would

11 turn it into tables for him?

12 A. Uh huh. Or doing corrections for him,

13 typing in corrections.

14 Q. Anything else with regard to Mr. Swift?

15 A. No.

16 Q. When you say typing in corrections, would

17 you get like a page of text from, let's say a draft,

18 a working draft that had, for example, Dave Swift's

19 or somebody else's handwritten edits on it and then

20 you would take that and make those corrections on

21 your system? Is that how it worked?

22 A. Yes.

23 Q. Did you know -- would you usually be aware

24 of the source of the handwritten notes that you were

25 typing into the SWIM plan?

1 A. No.

2 Q. Were the handwritten edits given to you by --

3 through one person or different people?

4 A. Different people.

5 Q. One of them being Mr. Swift, one being Miss

6 Bellmund --

7 A. Yes.

8 Q. -- is that correct?

9 John Mulliken, what contact or involvement

10 did you have with him with regard to the SWIM plan?

11 A. John Mulliken is technical editor. I

12 assisted him in spelling checking, proofreading,

13 numbering tables, preparing graphics all for

14 printing.

15 Q. It says next to his name the phrase,

16 "critical issues." Do you know what that refers to?

17 A. No.

18 Q. All right. Then we see above him,

19 Mr. VanArman, Joel VanArman supervising professional;

20 overview, critical issues, objections, goals,

21 strategies. Did you continue to have contact with

22 Mr. VanArman after you changed job titles and got the

23 new supervisor?

24 A. No.

25 Q. Do you know what his role was here with

1 regard to the SWIM plan other than what's just stated

2 here?

3 A. No.

4 Q. Can you -- do you know what these

5 categories or phrases here mean?

6 MS. CLEMENTS: If you know, you can answer.

7 THE WITNESS: Not really.

8 BY MR. GAINES:

9 Q. And Mr. Whalen, Paul J. Whalen is the next

10 one up; supervising professional, overview,

11 implementation programs and projects, costs and

12 revenues, FPL projects. He's also listed as the SWIM

13 plan manager. Did you have much contact at all with

14 Mr. Whalen?

15 A. Yes.

16 Q. What was your contact with him during this

17 process?

18 A. I did a document called SWIM Issues where I

19 went through agency comments and pulled out what I

20 felt were important points and made it into a table

21 type document. I helped him put together the

22 appendices for this draft as far as -- most of it was

23 already in place. I just helped him compile it,

24 print it, make corrections.

25 Q. The document --

1 Anything else?

2 A. I went to two public meetings with him and

3 I helped him summarize the comments made at the

4 meetings.

5 Q. Was that in approximately November of 1991?

6 A. Yes.

7 Q. Those were the public meetings in Belle

8 Glade and Miramar?

9 A. Yes.

10 Q. And for what purpose did you summarize

11 those? You attended the meetings and prepared a

12 written summary of whatever the public comments were

13 at the meetings?

14 A. Yes.

15 Q. For what purpose was that done?

16 A. For the Governing Board.

17 Q. The Governing Board received your summary

18 of the meeting? Do you know if they received it?

19 A. Yes. They received it. I didn't do the

20 final copy, though. I gave it to Paul. It wasn't

21 quite finished. He finished it for me.

22 Q. Did you ever see the final copy?

23 A. Yes.

24 Q. Do you know whether that was transmitted to

25 the Governing Board?

1 A. I believe so.

2 Q. Do you know whether they read it?

3 A. I don't know.

4 Q. Okay. What about the video tapes of those

5 meetings? Did you have any involvement with the

6 videotaping?

7 A. No. I did watch the videotapes to take the

8 comments.

9 Q. They helped you with doing the comments or

10 summary?

11 A. The comments.

12 Q. Were the videotapes also provided to the

13 Governing Board, if you know?

14 A. I don't know.

15 Q. Did you have any other involvement with

16 Mr. Whalen?

17 A. No.

18 Q. Tell me about the document that you

19 described called SWIM Issues where you took agency

20 comments and pulled out the important points and made

21 a table. When did that occur?

22 A. Approximately two years ago.

23 Q. Was that for -- was that for purposes of a

24 current draft of the SWIM plan, the March 1992 draft?

25 A. No.

1 Q. Or the prior one, the 1990 draft?

2 A. Yes.

3 Q. The 1990 it was for, correct?

4 A. Yes.

5 Q. Did the table that you generated from that

6 process appear in the 1990 SWIM Plan draft in an

7 appendix or somewhere?

8 A. No.

9 Q. What was your understanding of the purpose

10 of constructing that table?

11 A. To compile the important issues so that

12 response could be made to them.

13 Q. You said agency comments. What agencies

14 are you talking about?

15 A. Fish and Game, Indian tribes. I can't

16 remember the entire list.

17 Q. Agriculture?

18 A. Yes. It was taken from letters --

19 Q. In other words --

20 A. -- response.

21 Q. Tell me if this is correct. The SWIM plan --

22 there was a draft of the SWIM plan created. It was

23 distributed to various agencies and people, who then

24 wrote letters commenting on it, and you took these

25 letters and distilled it down into a table picking

1 out the important comments?

2 A. Yes.

3 Q. Is that how it happened?

4 A. (Nods.)

5 Q. Did you also include in your table any

6 public comments?

7 A. Yes.

8 Q. And was the table -- I've seen tables. Was

9 this the type of table where it says, "Comment,

10 agency or public comment" and then, "Management

11 District response"?

12 A. Yes.

13 Q. And then indicates whether or not there's a

14 revision or not to the SWIM plan as a result of the

15 comment?

16 A. The response column was blank.

17 Q. So as far as your work product was

18 concerned you produced a table that had the comments

19 in it and then turned it over to Mr. Whalen?

20 A. Yes.

21 Q. Did you play any role in supplying the

22 responses?

23 A. No.

24 Q. Did you do this type of table more than

25 once or only with regard to the 1990 draft?

1 A. Just that one.

2 Q. Are you aware of any subsequent similar

3 tables that were prepared for that draft or the '92

4 draft, '91-'92 draft?

5 A. Just for this draft.

6 Q. Who prepared that?

7 A. I don't know.

8 Q. Is there such a table for the '92 draft?

9 A. Yes.

10 Q. Is that table contained somewhere in the

11 SWIM plan or one of the appendices?

12 A. No.

13 Q. It's just -- it's not part of the body of

14 the SWIM plan?

15 A. No.

16 Q. Were you the person who determined which

17 comments were placed on this table? You say you

18 pulled out the important comments or important points

19 and I was wondering if you were the one who made that

20 determination which ones were important.

21 A. Yes.

22 Q. Did you keep notes about that process?

23 A. No.

24 Q. When you gave your table to Mr. Whalen did

25 you also give to him the underlying letters that had

1 generated the table?

2 A. I returned them to him, yes.

3 Q. He gave them to you, you distilled that

4 into a table and you gave them back to him along with

5 the table?

6 A. Yes.

7 Q. Did you ever see the table again or see it

8 in a final form or with responses in it or anything

9 like that?

10 A. No.

11 Q. Do you know whether he revised your work at

12 all?

13 A. I don't know.

14 Q. Did you have any other involvement with

15 Mr. Whalen?

16 A. As far as the Everglades SWIM Plan you

17 mean?

18 Q. Yes.

19 A. No.

20 Q. We've been talking about your tenure here

21 after your chemistry lab technician job solely

22 related to production of the Everglades SWIM Plan and

23 all its various drafts. Have you worked on other

24 projects as well as the Everglades SWIM Plan?

25 A. Yes.

1 Q. What other projects?

2 A. Broward County Water Supply Plan, the Dade

3 County/Monroe County Water Supply Plan, the Lower

4 East Coast Water Supply Plan, Lake Okeechobee SWIM

5 Plan. I helped put together a summary of symposium --

6 proceeding of a symposium on sea grass.

7 Q. Sea grass?

8 A. Uh huh. For Indian River Lagoon. I've

9 helped do documentation for the South Florida Water

10 Management model.

11 Q. Anything else?

12 A. The Lower West Coast Water Supply Plan, the

13 Flood Control Level of Service. As far as documents

14 that's all I can think of.

15 Q. Okay. On those various projects which you

16 just listed, was your function similar to the

17 functions you've described on the Everglades SWIM

18 Plan?

19 A. Yes.

20 Q. On any of those did you have a different

21 type of function?

22 A. Well, in some cases, like the Lake

23 Okeechobee SWIM Plan, I just worked a few days on

24 that to help someone out, help another division. The

25 same with the Lower West Coast SWIM Plan -- I mean

1 Water Supply Plan.

2 Q. And on all of these projects you were

3 basically involved with graphics, corrections,

4 editing, formatting, that type of thing?

5 A. Yes.

6 Q. Where do you work physically within the

7 building here or do you work in the building we're in

8 right now?

9 A. No. I work in the 950.

10 Q. That's the one story building out front?

11 A. Yes.

12 Q. Where do you work in that building?

13 A. I am in the Lower District Planning

14 Division. It's towards the west end of the building

15 near the print shop.

16 Q. And you have your own work station and desk

17 and you have an office of yours or how would you

18 describe it?

19 A. A cubicle.

20 Q. Cubicle.

21 Who else is in that area?

22 MS. CLEMENTS: What area are you talking

23 about?

24 MR. GAINES: The area where she works.

25 MS. CLEMENTS: In her cubicle or the whole

1 of the lower east coast area?

2 BY MR. GAINES:

3 Q. Do they make you share your cubicle with

4 someone else?

5 A. No.

6 Q. That's good.

7 Who else is in that area?

8 A. You mean adjacent to me?

9 Q. Yes.

10 A. Kevin Rodberg, Jorge Marban, John Mulliken,

11 Morris Rosen, Jeff Giddings, Jane Bucca, Jose Valdes,

12 Paul Trimble, Ray Santee. They fit a lot of people

13 in a very small area.

14 Q. These people you just listed all have their

15 own cubicles in that same general part of the office

16 there?

17 A. Yes.

18 Q. Are they all basically doing same types of

19 things that you're doing or not?

20 A. No.

21 Q. All different jobs?

22 A. Yes. They're engineers, hydrogeologists,

23 economists, technical editor, computer analysts.

24 Q. What are you working on currently?

25 A. The Lower East Coast Water Supply Plan.

1 Q. And that is under the direction of Dawn

2 Reid?

3 A. Yes.

4 Q. Where is Dawn Reid located?

5 A. In an adjacent area.

6 Q. On the Lower East Coast Water Supply Plan

7 are you doing the same type of tasks that you did on

8 the SWIM plan and the other projects?

9 A. I have a little more responsibility, I

10 would say.

11 Q. What additional responsibilities do you

12 have on that project?

13 A. I'm in charge of compiling the appendices

14 for the document.

15 Q. And are you also doing the same type of

16 graphics and editing, formatting that you did on the

17 SWIM plan as well?

18 A. Yes.

19 Q. We talked before about the fact that there

20 were people that would give you working drafts with

21 handwritten edits and ask you to make those

22 corrections in the text of the SWIM plan or some

23 portion of the SWIM plan and two people that you

24 mentioned who had done that were, I believe, Dave

25 Swift and Sarah Bellmund. Are there -- who were the

1 others, if any, that would give you work in that way

2 in the production of the SWIM plan?

3 A. Jim Grimshaw.

4 Q. Jim Grimshaw?

5 A. Yes. Paul Whalen, Joel VanArman. That's

6 it.

7 Q. That's it?

8 A. Yes.

9 Q. Just those five?

10 A. (Nods.)

11 Q. Was there anyone else doing the same type

12 of thing you were doing with regard to the 1992 draft

13 of the SWIM plan?

14 A. Can you be more specific?

15 Q. Well, what I'm trying to get at -- thank

16 you. That's a pretty bad question.

17 What I'm trying to get at, for example,

18 editing, if somebody made a change from a prior draft

19 to the current draft, a handwritten insert or a

20 deletion, would you have been the person who

21 physically accomplished that?

22 A. Not all of them, no.

23 Q. Who else would have potentially been

24 involved with that?

25 A. Paul Whalen.

1 Q. Paul Whalen would sit and type corrections

2 into the system?

3 A. Yes.

4 Q. I'm just asking.

5 A. John Mulliken, Joel VanArman and I don't

6 know if there were others.

7 Q. But Paul Whalen, Joel VanArman and John

8 Mulliken all physically went into the SWIM plan on

9 the computer and changed the wording of it on

10 occasion?

11 A. Yes.

12 Q. Other than those three gentlemen and

13 yourself is there anyone else you know of who would

14 have been in a position to do that or did do that?

15 A. I don't know of anyone else.

16 Q. Can you tell me how the SWIM plan initially

17 was drafted?

18 Well, let me ask you this. Is it the case

19 where there was a first draft of the SWIM plan that

20 was produced and then subsequent to that that first

21 draft was edited and changed and deleted to arrive at

22 the current draft? Is that a correct statement?

23 A. Yes.

24 Q. All right. How was that first draft

25 produced? What was the process?

1 A. There were writers in there typing on the

2 computer, writing and that's all that I observed and

3 I'm not aware of any other things.

4 Q. Okay. And the writers were who on the

5 first draft?

6 A. As I said, there were a large number and I

7 don't know all of their names.

8 Q. Okay.

9 A. I did work in an office physically with

10 Joel VanArman, Dave Swift, Sarah Bellmund, Lynn

11 Gulick.

12 Q. And you observed them all writing sections

13 of the SWIM plan?

14 A. Yes.

15 Q. Did you ever attend any meetings or staff

16 meetings at which the plan itself was -- the game

17 plan for writing the SWIM plan was discussed of who

18 was going to do what section and here's how it should

19 look, that kind of thing?

20 A. No.

21 Q. When did you first start working on the

22 SWIM plan itself physically? When did you first have

23 a document to work on? What was the first thing you

24 ever did with regard to the SWIM plan?

25 A. The very first thing was working with the

1 DER permits.

2 Q. Creating the table?

3 A. Yes.

4 Q. That task was given to you by Joel

5 VanArman?

6 A. Yes.

7 Q. And what was the next thing that you did?

8 A. I compiled the bibliography.

9 Q. That was with regard to the draft -- first

10 draft?

11 A. Yes.

12 Q. And then did you continue to work on the

13 bibliography throughout the subsequent drafts and add

14 to it, delete from it, that kind of thing?

15 A. Yes.

16 Q. So is the bibliography that appears in the

17 March 1992 SWIM Plan your work product?

18 A. Dave Swift and -- Dave Swift also worked on

19 it.

20 Q. Was your mode of working on the plan that

21 you would come to work and go to your cubicle and

22 work on whatever ongoing task you had and at any

23 given time one of these other people, Paul Whalen,

24 Jim Grimshaw, Dave Swift, Sarah Bellmund, John

25 VanArman and John Mulliken could come to you and say,

1 here, I want you to do this or here's some changes to

2 make or do this kind of table? Is that basically how

3 it worked?

4 A. Yes.

5 Q. Was there any one person who directed your

6 efforts or prioritized for you?

7 A. Joel.

8 Q. Even after he was no longer your

9 supervisor?

10 A. No. Then Paul Whalen.

11 Q. He would give you direction as to, this is

12 more important to do this first and then worry about

13 that, give you those types of instructions?

14 A. Yes.

15 Q. What about Dawn Reid, what was her

16 connection with the SWIM plan?

17 A. I don't know. I don't know if she had any.

18 Q. She was your supervisor?

19 A. Yes.

20 Q. What contact did you have with her on it?

21 A. I temporarily worked for Paul Whalen,

22 taking direction and assignments --

23 Q. Okay.

24 A. -- from which he was working.

25 Q. Were you like loaned to the Everglades SWIM

1 Plan team?

2 A. Yes. Yes.

3 Q. That was the project you were working on

4 and while you were on that project you took your

5 direction from Paul Whalen?

6 A. Yes.

7 Q. What kind of -- you say you have a xerox

8 work station, correct?

9 A. Yes.

10 Q. What other types of computers do you work

11 on here at the District?

12 A. That's it.

13 Q. That's it?

14 A. Uh huh.

15 Q. What type of file -- computer file records

16 are kept or have been kept with regard to the

17 development of the SWIM plan?

18 A. There are copies of each draft.

19 Q. When you say each draft, do you mean each

20 draft that was shown to the public or the Governing

21 Board or is each edit along the way memorialized

22 somewhere in the computer memory?

23 A. As it went to publication, there's copies

24 of that draft was printed.

25 Q. When you say there's copies, you mean

1 there's xerox copies physically in the file

2 somewhere?

3 A. This current draft is available on the

4 server. Previous drafts are probably on a tape.

5 Q. Is there a person who has primary

6 responsibility for the computer, the computer system

7 here at the District?

8 A. There are different people in charge of

9 different systems.

10 Q. Who's in charge of yours?

11 A. Laura McLester.

12 Q. McLuster?

13 A. McLester.

14 Q. What is her position?

15 A. I don't know offhand.

16 Q. She's the computer person?

17 A. Yes. She installs software and so on.

18 Q. Are you aware of any record keeping

19 procedure with regard to the development of the

20 Everglades SWIM Plan which, for example, would show

21 what was deleted, what was put in and how that

22 happened?

23 A. No.

24 Q. Do such records exist to your knowledge?

25 A. I don't know.

1 Q. Who would know that?

2 A. Joel or Paul.

3 Q. Joel VanArman or Paul Whalen?

4 A. Yes.

5 Q. Did -- were different people responsible

6 for writing specific parts of the SWIM plan?

7 A. Yes.

8 Q. Can you tell me -- can you break that down

9 for me to the best of your knowledge, who wrote what

10 part?

11 A. No, I couldn't, except for what's in this

12 list.

13 Q. Whatever is here on the title page --

14 A. Yes.

15 Q. -- that's the extent of your knowledge on

16 that?

17 A. Yes.

18 Q. Currently you are not working on the

19 Everglades SWIM Plan, is that correct?

20 A. Yes.

21 Q. That is correct?

22 A. Yes. That's correct.

23 Q. When did you stop your work on that?

24 A. When this -- when this went to publication.

25 Q. Was there a period of time prior to that

1 when you also were not working on the Everglades SWIM

2 Plan?

3 A. Yes.

4 Q. When was that?

5 A. Well, there were many times.

6 Q. So --

7 A. Previous to this draft I was working on the

8 Broward County Water Supply Plan.

9 Q. All right. And when -- what time period

10 were you working on the Broward County Water Supply

11 Plan?

12 A. Just about two years ago, a little more

13 than two years ago.

14 Q. You worked on the 1990 draft of the SWIM

15 plan, correct?

16 A. Yes.

17 Q. When did the work on that draft conclude?

18 A. I don't remember.

19 Q. Can you approximate for me first half of

20 1990, last half? And if you don't know you don't

21 know, but can you give me at least an educated guess?

22 A. No.

23 Q. Was it in 1990?

24 A. I don't remember.

25 Q. Okay. But you did work on it. Prior to

1 the '92 draft you worked on the '90 draft, is that

2 correct?

3 A. Yes.

4 Q. When we talk about the '92 draft when did

5 you start working on that?

6 A. I think it was two years ago in spring.

7 Q. The spring of 1991 or the spring of 1990?

8 A. Oh. Two years ago.

9 Q. Well, two years ago is October of 1990. Is

10 that what you mean?

11 A. I can't remember.

12 Q. Okay. Well, let's -- one minute.

13 Let me show you a document. This is my own

14 folder of the document that's yours. This is

15 entitled, Final Draft Surface Water Improvement and

16 Management Plan for the Everglades, Volume II,

17 Planning and Implementation and it's dated September

18 28, 1990. Take a look at that. I understand that I

19 don't have the appendices there and the technical

20 information or the volume entitled, Executive

21 Summary, but that is what we called the 1992 -- it's

22 called the Planning Document. In 1990 it was called

23 Planning and Implementation and that's what I'm

24 mainly focusing on here.

25 When we talk about the 1990 draft of the

1 SWIM plan, do you understand that that's the document

2 I'm referring to?

3 A. Yes.

4 Q. And you worked on producing that document?

5 A. Do you mean this particular volume?

6 Q. Yes.

7 A. I don't -- I didn't have anything to do

8 with this volume.

9 Q. You had nothing to do with the Planning and

10 Implementation volume in 1990?

11 A. I don't recall working on this.

12 MR. ROSENBERG: Excuse me. There's a

13 volume number on the cover of that that you can

14 refer to.

15 THE WITNESS: Volume II.

16 MR. ROSENBERG: Okay.

17 BY MR. GAINES:

18 Q. Well, what was your role with regard to the

19 1990 SWIM Plan?

20 A. I worked more on the appendices and Volume

21 III.

22 Q. Volume III being what?

23 A. The background document.

24 Q. And who did the type of function that --

25 your function on the Volume II Planning and

1 Implementation volume?

2 A. I don't know.

3 Q. Are you saying that you didn't work on that

4 or you just can't recall one way or the other?

5 A. This doesn't look familiar. I don't

6 believe I had much to do with this document.

7 Q. What about the other document that you have

8 in front of you, the March 13, 1992 planning

9 document, did you work on that?

10 A. I don't remember.

11 Q. Well, what do you remember working on with

12 regard to the '92 SWIM plan?

13 A. The appendices.

14 Q. Anything beside the appendices?

15 A. The bibliography and probably supporting

16 information document.

17 Q. Okay. But, as far as the planning document

18 itself goes, you did not do any of the editing or

19 corrections or formatting or graphics?

20 A. I scanned in these maps Figure 10, Figure 5 --

21 not Figure 5 -- Figure 10, Figure 2, Figure 1.

22 Q. Okay. So you physically placed some of the

23 figures and maps into the document. What about text --

24 editing of the text?

25 A. I don't recall editing any of the text.

1 Q. Let me ask you to -- let's just take one

2 example and see if it changes or refreshes your

3 memory any. Look on page 29, please, of the 1992

4 planning document and at the same time look at page

5 II-70 of the 1990 document. Okay. Have you got

6 those two pages in front of you?

7 A. Yes.

8 Q. I want to direct your attention to a

9 paragraph in the 1992 document. It's entitled, Use

10 of Water Conservations Areas to Transmit Water and in

11 the 1990 document it's called, Use of the Everglades

12 to Transmit Water. There's a few changes in that

13 paragraph. In the 1990 document it says Everglades

14 and in the 1992 it refers to Water Conservation

15 Areas. There's a sentence at the end of the 1990

16 paragraph which states, "The exact nature or extent

17 of this potential problem has not been documented."

18 That sentence is deleted in the 1992 version and,

19 additionally, the word, "feels" which is four lines

20 up from the bottom in 1990 has then changed to the

21 word, "believes." Those changes in that paragraph

22 from '90 to '92, did you have any role in physically

23 making those changes?

24 A. No.

25 Q. Do you know who did?

1 A. No.

2 Q. Would you think it was one of the -- you

3 said before that Mr. Whalen, Mr. VanArman,

4 Mr. Mulliken all could physically have done changes

5 in the wording. You didn't know of anyone else, is

6 that correct?

7 A. There may have been others, but I don't

8 know.

9 Q. You don't know of, right? So you didn't

10 make that change yourself, correct?

11 A. Correct.

12 Q. And as you sit here today you don't think

13 that you did any of the textural changes from the '90

14 to the '92 planning document?

15 A. There may have been some agency comments

16 that I incorporated into the text.

17 Q. In what sense? What do you mean

18 incorporated into the text?

19 A. Editorial changes.

20 Q. Can you give me an example?

21 A. Well, I can't recall specific comments. I

22 was working from a list of agency responses.

23 Q. You had -- oh.

24 A. The same as making other types of

25 corrections.

1 Q. You had a list of agency responses that

2 someone had determined required some editorial

3 changes in the plan and you were physically doing

4 those changes?

5 A. I did certain of them, yes.

6 Q. What was the source of the list? Where did

7 you get it from?

8 A. From Paul Whalen.

9 Q. Paul Whalen?

10 A. Yes.

11 Q. Do you know what the process was of

12 determining which comments would generate which

13 changes in the SWIM plan?

14 A. No.

15 Q. Did your list indicate specifically how to

16 change the text in these instances or were you given

17 some leeway in choosing the language?

18 A. They were specific.

19 Q. Verbatim?

20 A. Yes.

21 Q. Do you still have that list?

22 A. Yes.

23 Q. Was that produced to us?

24 A. Yes.

25 Q. It was?

1 MS. CLEMENTS: It's your response list.

2 Yeah. It's in there. It's one of those tables,

3 agency comments, responses.

4 MR. GAINES: Okay. I think I have it

5 identified, then.

6 BY MR. GAINES:

7 Q. But, sitting here without the benefit of

8 that list or some other document to help you

9 remember, you can't go through and tell me where you

10 made changes, correct?

11 A. Correct.

12 Q. Do you recall what agencies' comments

13 generated the changes?

14 A. I couldn't list them for you, no.

15 Q. Were any of the comments -- were any of the

16 changes generated by comments from the public?

17 A. I don't know.

18 Q. Were any of the changes generated by

19 comments from the United States?

20 A. I don't know. Without the list I can't

21 tell you.

22 Q. Okay. We'll try to go through that later.

23 Other than incorporating the changes due to

24 these comments, did you have any other involvement in

25 editing the text of the planning document that you

1 can recall?

2 A. No.

3 Q. Okay. There was a period of time, I take

4 it, between the 1990 SWIM Plan and the 1992 SWIM Plan

5 in which you were not working on an Everglades SWIM

6 Plan, is that correct?

7 A. Yes.

8 Q. And during that interim period you were

9 working on the Broward County Water Supply Plan?

10 A. That's one of the things I worked on.

11 Q. What else did you do in the interim?

12 A. I worked on Flood Control Level of Service

13 with Joycelyn Branscome. I can't remember.

14 Q. Let me ask you this. The way that you

15 operate, if that final draft of the '90 SWIM plan is

16 dated September 28, 1990, does that indicate to you

17 that you were working on it pretty much up until at

18 least September 28, 1990 or would your work have

19 stopped sometime before that date?

20 A. I probably would have worked on it until it

21 was printed because I would be helping to prepare it

22 to go to the print shop.

23 Q. Okay. So that means you would have been

24 working right up until September 28th?

25 A. Yes.

1 Q. Probably the weekend before for sure,

2 right?

3 A. Yes.

4 Q. While you were working on these other

5 projects after the 1990 SWIM Plan was completed what

6 was your understanding, if any, as to the status of

7 that Everglades SWIM Plan?

8 A. I don't really know.

9 Q. Did you have -- do you know what happens,

10 what the procedure is with regard to a SWIM plan

11 after it leaves your possession or after you complete

12 it and it's turned over to the Governing Board or do

13 you know where it goes and what happens to it after

14 that?

15 A. After it goes to the Governing Board?

16 Q. Yes.

17 A. They decide whether they're going to

18 approve it or not.

19 Q. I'm talking about once it's a final draft.

20 Where does it go once it's a final draft as far as

21 you know?

22 A. I don't know.

23 Q. Did you have any understanding or

24 information about the 1990 SWIM Plan that you had

25 worked on and whether or not it was going to be

1 approved and enacted and adopted?

2 A. No. Once it was printed, I did other

3 things.

4 Q. You didn't worry about it?

5 A. I didn't worry about it.

6 MS. CLEMENTS: Can we take a break?

7 MR. GAINES: Sure.

8 (Thereupon, a lunch recess was taken.)

9 (The documents were marked Exb. Nos. 1-6.)

10 MR. GAINES: Okay. We're back on the

11 record.

12 BY MR. GAINES:

13 Q. Miss Formati, you received a copy of the

14 notice for this deposition prior to today, is that

15 correct?

16 A. Yes.

17 Q. Can you tell me what the process was for

18 assembling the documents that were produced in

19 connection with the deposition?

20 A. Yes. I just had everything in one box so

21 there wasn't much to that. A couple of things I

22 printed from my work station that were in a folder

23 called, Electronic Files.

24 Q. Okay. Those you generated for this depo,

25 they were --

1 A. Anything that I had that was related to

2 Everglades, I printed.

3 Q. Okay. And the other documents you were

4 just maintaining in your work area in a box marked

5 Everglades SWIM or something like that?

6 A. Well, I -- it wasn't really marked as such.

7 I had moved from one office to another last winter

8 and when I moved I just put all of that stuff in one

9 box. There were a couple of other things in there as

10 well. I just took those out.

11 Q. But the documents that we got in response

12 to our notice were the ones that were in your

13 personal possession as opposed to any documents that

14 the District might have, is that right?

15 A. Yes.

16 Q. All right. We were talking before the

17 break about the fact that you had worked on the 1990

18 SWIM Plan and then become occupied with other

19 projects for some period of time and that at some

20 point in time you again became involved with the SWIM

21 plan. Is that accurate?

22 A. Yes.

23 Q. When did you again become involved with the

24 Everglades SWIM Plan after that interim period?

25 A. I can't remember.

1 Q. Can you estimate for me?

2 A. Maybe a year and a half ago.

3 Q. A year and a half ago, sometime in the

4 spring or summer of 1991?

5 A. Yes.

6 Q. All right. And what was it that was

7 communicated to you at that time with regard to

8 working again on the SWIM plan?

9 A. Paul wanted me to work on the appendices

10 document.

11 Q. Well, when you stopped working on the SWIM

12 plan in '90 that was a final draft at that point?

13 A. Yes.

14 Q. And, as a final draft, was it your

15 understanding that there was more -- there was going

16 to be more work on it or that was it as far as that

17 SWIM plan went?

18 A. You mean as far as I was concerned?

19 Q. Yes.

20 A. I really didn't know.

21 Q. Did you have any understanding as to why in

22 the spring or summer of 1991 work was again

23 commencing on the Everglades SWIM Plan?

24 A. No.

25 Q. You say Paul Whalen asked you to do some

1 work on the appendices?

2 A. Yes.

3 Q. That was the first you heard that there was

4 work starting again on the SWIM plan, he came to you

5 and said, I need you to do some work on the

6 appendices?

7 A. Yes.

8 Q. What did he ask you to do?

9 A. I made some revisions to some of the

10 tables. A lot of the document was not electronic and

11 had to be photocopied to prepare it for publication.

12 I compiled the legislation section, Appendix A, a lot

13 of that had to be obtained and photocopied.

14 Q. Did you become aware around that time of a

15 settlement agreement that was entered into in the

16 federal lawsuit -- a federal lawsuit brought by the

17 United States against the District and the Department

18 of Environmental Regulation?

19 A. Yes.

20 Q. How did you become aware of that?

21 A. It was on the headlines of the paper.

22 Q. Other than what you read in the newspapers

23 did you become aware of it or did you hear anything

24 about it through the District through your job?

25 A. Um, yeah. I think a lot of people were

1 happy that it was settled.

2 Q. Was anything communicated officially to you

3 or to the SWIM writing team or anyone in your

4 department about the settlement agreement or what

5 impact it might have on the SWIM plan?

6 A. I don't remember.

7 Q. As we sit here today what, from your

8 perception, what impact did the settlement agreement

9 have on the SWIM plan?

10 A. On the document, I don't really know.

11 Q. You don't -- I'm sorry?

12 A. As far as the impact on the document --

13 Q. Yes.

14 A. -- I don't know.

15 Q. Are you aware of any impact arising out of

16 the settlement agreement on the substance of the SWIM

17 plan?

18 A. No.

19 Q. Can you describe for me in any kind of

20 general terms the difference between the 1990 final

21 draft and the 1992 final draft of the Everglades SWIM

22 Plan?

23 A. Can you repeat that?

24 Q. Well, let me rephrase it.

25 Basically what I'm asking you is what's the

1 difference, generally, between the 1990 SWIM plan and

2 the 1992 SWIM Plan?

3 A. Well, I don't know much except, you know,

4 except what I personally took part in and I've told

5 you about that.

6 Q. Do you know any -- do you have any

7 knowledge about any difference between the '90 and

8 the '92 version of the SWIM plan?

9 A. One of the changes I made in the appendices

10 was to remove some of the maps of the Keys.

11 Q. The Florida Keys?

12 A. Uh huh.

13 Q. Why were they removed?

14 A. Because it will be done in another SWIM

15 plan of its own.

16 Q. Originally the Everglades SWIM Plan had

17 some references to the Keys?

18 A. Just a little, yeah.

19 Q. All right. Are you aware of any other

20 changes from the '90 to the '92 SWIM plan?

21 A. Not offhand.

22 Q. When you say you went into the appendices

23 and changed -- to change some of the table data, I

24 think you said, what did that entail exactly?

25 A. Changes to tables in Appendix B. I just

1 made changes as marked on hard copy. I really don't

2 know.

3 Q. So someone gave you a hard copy of a table

4 with Appendix B with changes on it and you went in

5 and did those on your computer?

6 A. Yes.

7 Q. What kind of changes were they? Changing

8 the numbers, the data?

9 A. Yes.

10 Q. Do you know who made those changes?

11 A. No.

12 Q. Do you know which table you're talking

13 about or is it more than one?

14 A. It's more than one. I can't recall the

15 numbers -- the titles without seeing it.

16 Q. If we looked at Appendix B could you tell

17 me which ones?

18 A. Probably.

19 MS. CLEMENTS: I'm so glad I brought all my

20 documents down.

21 BY MR. GAINES:

22 Q. I'm looking at the appendices volume of the

23 March 13, 1992 SWIM Plan and Appendix B is entitled,

24 Water Conservation Areas NEAA. There seems to be a

25 large number of tables in here. Looking at this can

1 you tell me which ones you changed and how they were

2 changed?

3 A. I think it's table B26 through 59.

4 Q. Is that on page B26 through B59 or table

5 B26?

6 A. Table B26 on page 134.

7 Q. Okay. And what changes did you make in

8 table B26 if you can recall?

9 A. I made corrections to some of the figures.

10 I don't remember what -- which ones.

11 Q. Do you have any knowledge as to what

12 generated those corrections?

13 A. No.

14 Q. So you were just given a copy of this table

15 with some handwritten corrections by Mr. Whalen?

16 A. Yes.

17 Q. And you made those changes?

18 A. Uh huh.

19 Q. Any other tables besides B26? You said B26

20 through --

21 A. 59.

22 Well, I can't say that changes were made to

23 every single table, but it's kind of a series of

24 tables.

25 Q. Do those handwritten changes still exist?

1 A. I don't know.

2 Q. All right. Other than those, the changes

3 in the volumes located in these tables, are you aware

4 of any other changes from the '90 to the '92 SWIM

5 plan?

6 A. Pardon?

7 Q. From the '90 to the '92 SWIM plan.

8 A. These programs were added on page E26.

9 Q. What page?

10 A. E26.

11 Q. What are those?

12 A. I really don't know.

13 Q. Okay.

14 A. Appendix F was added. The --

15 Q. What was Appendix F?

16 A. Well, I'm reading from the cover sheet,

17 Documentation of Models used to Determine the Size of

18 Stormwater Treatment Areas.

19 Q. Do you know what a stormwater treatment

20 area is?

21 A. Not really.

22 Q. Have you heard that term referred to in

23 your work?

24 A. Yes.

25 Q. Have you developed any kind of general

1 idea, knowledge as to what that term means?

2 A. Not really.

3 Also the comments in Appendix G were

4 updated for this draft as they are for every draft.

5 Q. Appendix D?

6 A. G at the end.

7 Q. Let me ask you with regard to Appendix G --

8 have you got it?

9 A. Yes.

10 Q. On page G1 there is this the summary that

11 you did of the public meeting in Belle Glade.

12 A. I worked on a summary. I don't know if

13 this is the final form. It was finished by Paul

14 Whalen.

15 Q. Let me just ask you to quickly look at

16 Exhibit 6, which we've marked, which you produced to

17 us. This is entitled, External Comments Received

18 from the Draft Everglades SWIM Plan. Tell me if that

19 document is what later became Appendix G.

20 MS. CLEMENTS: Are you asking her to go

21 through every page in here and make sure it's

22 all in Appendix G?

23 BY MR. GAINES:

24 Q. Well, tell me generally if that's the basis

25 of Appendix G. You don't have to go through every

1 single page.

2 A. I believe it is. It's not the same. There

3 are additions to that list.

4 Q. Okay. Did you compile that list?

5 MR. ROSENBERG: You mean Exhibit G?

6 BY MR. GAINES:

7 Q. Exhibit 6.

8 A. No.

9 Q. Why was that document among your documents?

10 Do you know?

11 A. I was given a copy. I don't really know

12 why.

13 Q. Okay. Is the -- on page G8 of the SWIM

14 appendix, there's another meeting summary for the

15 Miramar meeting on November 19, 1991. Is that your

16 summary?

17 A. Partially.

18 Q. Is this also you did a draft and then it

19 was completed by Mr. Whalen?

20 A. Yes. I didn't have time to finish the

21 comments in time. It was a very short deadline to do

22 so.

23 Q. Okay. Do you know what process was used to

24 complete these summaries?

25 A. As far as I know Paul watched the

1 videotapes just as I had done to pull out the

2 comments.

3 Q. Okay. All right. Can I have Number 6

4 back, please.

5 Are you aware of any other changes from the

6 '90 to the '92 SWIM plan?

7 A. There would be addition of the Marjory

8 Stoneman Douglas Everglades Protection Act was added

9 to Appendix A.

10 Q. Okay. Anything else?

11 A. I can't think of anything else.

12 Q. Did you ever have any discussion with any

13 of your superiors or attend a meeting or receive any

14 information with regard to the reasons for the 1992

15 SWIM Plan, what the broad goals of it were as opposed

16 to what you had done in the 1990 plan? Were you

17 given any kind of overview?

18 A. No.

19 Q. Was there ever a meeting of like the SWIM

20 writing team to talk about the direction things were

21 going or how it was intended that the plan would look

22 and read at the end of the process?

23 A. As far as the 1992 draft is concerned, I

24 don't really have any knowledge of the meetings that

25 may have happened.

1 Q. So, from your perspective, you just came to

2 work one day and suddenly Paul Whalen is handing you

3 appendices to work on on the SWIM plan again and you

4 are back into the SWIM plan and you are not sure

5 where it came from or why?

6 A. Yes.

7 Q. Did you ever hear that the SWIM plan was a

8 product of a settlement agreement in the federal

9 lawsuit?

10 A. Did I ever hear that?

11 Q. Yes.

12 A. From who?

13 Q. Anyone.

14 A. No.

15 Q. Have you ever had that thought before, has

16 it ever occurred to you that the '92 draft of the

17 SWIM plan is somehow related to the federal

18 settlement agreement?

19 A. No.

20 Q. That's never been discussed in your

21 presence or with anyone?

22 MS. CLEMENTS: Objection. Asked and

23 answered.

24 THE WITNESS: No.

25 BY MR. GAINES:

1 Q. Did you ever read the settlement agreement?

2 A. I've seen it. I can't remember if I've

3 read it or not.

4 Q. Why would you have seen it? Is it included

5 in the SWIM plan?

6 A. No.

7 Q. Was there any discussion about putting a

8 copy of the settlement agreement in the SWIM plan?

9 A. Yes.

10 Q. And what was that discussion?

11 A. Just that it was going to be included and

12 that I would need a copy of it to photocopy.

13 Q. Who told you that?

14 A. Paul Whalen.

15 Q. When did that occur, that conversation?

16 A. I don't remember.

17 Q. So you got a copy of the settlement

18 agreement?

19 A. Yes.

20 Q. Where did you get your copy?

21 A. I believe I got it from the Legal

22 Department.

23 Q. Who in the Legal Department?

24 A. I don't remember.

25 Q. Other than Mr. Whalen telling you that it

1 may be included or that would be included, what other

2 discussion, if any, did you have with him about the

3 settlement agreement?

4 A. None.

5 Q. So in response to his instruction you

6 obtained a copy of it?

7 A. Yes.

8 Q. And then was there ever any additional

9 discussion about the settlement agreement?

10 MS. CLEMENTS: With who?

11 MR. GAINES: With Mr. Whalen.

12 MS. CLEMENTS: Objection. Asked and

13 answered.

14 THE WITNESS: No.

15 BY MR. GAINES:

16 Q. Did you ever have any additional discussion

17 about the settlement agreement with anyone?

18 A. No.

19 Q. How did it come -- were you ever told that

20 the settlement agreement was not going to be included

21 in the SWIM plan?

22 A. Yes.

23 Q. By whom?

24 A. Paul.

25 Q. Okay. So that -- when did he tell you

1 that?

2 A. The same week that he told me that it was

3 going to be. I don't remember.

4 Q. The same week? You think it was right

5 around the same time?

6 A. I think so. I don't -- I don't really

7 remember.

8 Q. Can you --

9 A. I'm really guessing it's so far out.

10 Q. I don't want you guessing.

11 Do you remember what he told you about

12 that?

13 A. No.

14 Q. You just remember at one point he said it

15 would be in and then at a subsequent point he said it

16 wouldn't be in?

17 A. Yes.

18 Q. Did it ever get included in a preliminary

19 draft in one of --

20 A. Not to my knowledge.

21 Q. From your perspective was the process of

22 drafting the 1992 SWIM Plan handled differently in

23 any way than the 1990 SWIM plan?

24 A. Not that I'm aware.

25 Q. Were there periodic meetings held of the

1 SWIM plan writing team for lack of a better label?

2 A. If there were, I wasn't aware of it.

3 Q. If there were you weren't at them?

4 A. I wasn't aware that they were even holding

5 any meetings.

6 Q. Did you ever attend such a meeting?

7 A. No.

8 Q. In your entire three and a half years --

9 A. No.

10 Q. -- you never had occasion to -- I'm not --

11 I just want to make sure I have it covered -- sit

12 around in a conference room with the other people

13 working on the SWIM plan and talk about where

14 everything stood or where it was going or what

15 everyone's tasks were for the next period of time?

16 A. At which time period are you referring to?

17 Q. Any time.

18 A. I think I went to one meeting.

19 Q. Can you recall anything about the meeting?

20 A. Only that I was asked to do an index for

21 Volume III.

22 Q. You were asked to do an index for -- I'm

23 sorry -- Volume III?

24 A. Yes.

25 Q. Of which draft, '92?

1 A. No.

2 Q. '90?

3 A. No. I think it was prior to that.

4 Q. And that's the only meeting you can ever

5 recall attending?

6 A. Yes.

7 Q. If other people were holding meetings you

8 weren't aware of it?

9 A. Yes.

10 Q. Okay. Do you know who made the decision to

11 change the SWIM plan after the 1990 final draft?

12 A. No.

13 Q. And for the 1992 draft of the SWIM plan,

14 and this might be something we already covered, but

15 your role continued to be pretty much the same as it

16 had been for the prior drafts in that you were doing

17 inputting of information, editing and graphics and

18 that type of thing, correct?

19 A. Yes.

20 Q. Let me show you -- make sure I'm looking at

21 the right thing here. Pardon me.

22 MR. GAINES: This will be Composite Number

23 7.

24 (The document was marked Exb. No. 7.)

25 BY MR. GAINES:

1 Q. These are several pages from the draft of --

2 September 24, 1991 draft of the supporting

3 information document which were produced to us and I

4 wanted you, if you could, to tell me what I'm looking

5 at here. I see some handwritten edits and some check

6 marks with the initials SF.

7 A. These were editorial changes that were

8 given to me to input into the electronic copy.

9 Q. Okay. Do you know who -- do you know whose

10 writing this is, where it says, "delete" on page 4?

11 A. No, I don't.

12 Q. Okay.

13 A. It's not mine.

14 Q. All right. Well, where -- on the this

15 check mark above it with the SF, is that your

16 handwriting?

17 A. Yes.

18 Q. Okay. What does the check mark and the SF

19 signify?

20 A. It's just a reminder to myself, yes, I did

21 that correction.

22 Q. That shows you that that -- that you did

23 that and you've completed that part of the task?

24 A. Uh huh.

25 Q. All right. And same thing with table 16 on

1 page 159, do you know whose handwriting that is?

2 A. No.

3 Q. And, again, we see the check mark and SF so

4 that means you completed that?

5 A. Yes.

6 Q. Same question with this table on page 187,

7 do you know whose handwriting that is?

8 A. No, I don't.

9 Q. Okay. I'm assuming that you don't know --

10 well, I'll ask you. Do you have any idea why these

11 numbers and these tables were changing or were

12 changed?

13 A. There had been some error in the data.

14 Q. Okay. So they were just going back and

15 refining their data?

16 A. Yes.

17 Q. Let me show you another set of documents.

18 MR. GAINES: This would be Number 8,

19 Composite 8.

20 (The document was marked Exb. No. 8.)

21 BY MR. GAINES:

22 Q. This is in a folder or was in a folder

23 marked, SWIM Legislation, Handle with Care. Is that

24 your handwriting?

25 A. Yes.

1 Q. And what does the "Handle with Care" mean?

2 A. Well, means not to dog ear or make marks on

3 it or crinkle it up --

4 Q. Or lose it?

5 A. -- or mishandle it.

6 Q. Okay. And the -- in the way it was

7 produced to me, the first document here is the

8 settlement agreement which we spoke about earlier.

9 My question is: Is the settlement agreement included

10 here with the -- if you look through there, you'll

11 see copies of the various statutes and executive

12 orders relating to the SWIM Act. Is the settlement

13 agreement included in that package because of your

14 instruction from Mr. Whalen to get a copy of it for

15 inclusion in the appendix?

16 A. Yes.

17 Q. So it was just maintained with the other

18 SWIM legislation in your records?

19 A. Yes.

20 Q. Okay. Let me show you what's been marked

21 as Exhibit 2, a document entitled, What Remains to be

22 Completed for Volume III and ask if you recognize

23 that?

24 A. Yes.

25 Q. Who is that or what is that document?

1 A. It's a check list.

2 Q. What -- do you know when you obtained that,

3 received that?

4 A. I think it was for the 1990 draft.

5 Q. Okay. Who is that from?

6 A. Dave Swift.

7 Q. Is that what the DS stands for down there?

8 A. Yes.

9 Q. All right. I see two items under your name

10 on that check list. Number one states, "Continue

11 with formatting TOC." What does that mean?

12 A. TOC stands for table of contents and that

13 has to be put together. That's the last thing before

14 putting the document together before printing.

15 Q. Okay. The second is asking you to

16 coordinate all the references and check for accuracy?

17 A. Yes.

18 Q. Okay. That was for the 1990?

19 A. I believe so.

20 Q. Let me show you what was marked as Exhibit

21 1 -- and it's not marked; it should be a composite --

22 two memos; one dated June 5, 1990 and second dated

23 June 11, 1990 to -- first is to Paul Whalen from

24 Sarah Nall and second is Everglades SWIM writing team

25 from Paul Whalen. If you would, please take a look

1 at these and let me know if you've seen these before.

2 A. Yes.

3 Q. Okay. What were these -- what did these

4 memos concern?

5 A. I have to read it to tell you. I believe

6 the Sugar Cane League was requesting any SWIM related

7 documents and to let them know if we had any

8 documents or not.

9 Q. What is the list of items that is attached

10 to the memo dated June 5th?

11 A. Did you say what is it?

12 Q. Yeah. What is that? Looks like some kind

13 of bibliography to me.

14 A. That's what it is, to make sure all of the

15 references were included.

16 Q. Is that your handwriting on there?

17 A. Yes.

18 Q. Yes?

19 A. Yes.

20 Q. Okay. What does it mean next to a

21 reference when it says, "not found"?

22 A. This column shows the page number in which

23 this reference is cited.

24 Q. Within the SWIM plan?

25 A. Yes.

1 Q. Okay. That's the 1990 version, I guess?

2 A. Yes.

3 Q. Okay. And where it says, "not found," does

4 that mean it wasn't cited?

5 A. Yes.

6 Q. And were these the items that were being

7 produced for Sugar Cane League, copies of those, if

8 you know?

9 A. It seems so.

10 Q. Did you, in fact, did you attend this

11 meeting with Sarah Nall to discuss this matter?

12 A. Yes.

13 Q. Do you recall anything about the meeting?

14 A. Not really.

15 Q. Any recollection as to what the purpose of

16 the meeting was?

17 A. It was to make sure that we could produce

18 all of the references that they requested.

19 Q. Okay. I have here marked as Composite

20 Number 3 what you've entitled, Electronic Files. I'm

21 not sure where it stops, though. And it might also

22 include Exhibits 4 and 5, so you can tell me. Let's

23 go through this. With regard to Electronic Files,

24 those again were matters that you didn't have hard

25 copies of, but they were in your computer and you

1 printed them out --

2 A. Yes.

3 Q. -- for this production?

4 The first document is dated -- says here

5 May '90. Did you write that on there? Is that your

6 handwriting?

7 A. Yes.

8 Q. When was that written on there?

9 A. The day I printed it.

10 Q. Within the last week or so?

11 A. Yes.

12 Q. Is this the list of comments from outside

13 agencies that you compiled for Paul Whalen that you

14 mentioned earlier in the deposition?

15 A. Yes.

16 Q. And, as I understood your testimony, you

17 looked at the letters and then decided which -- what

18 were the important comments and reduced them to this

19 form?

20 A. Yes.

21 MR. ROSENBERG: Excuse me. What exhibit

22 number is that?

23 MR. GAINES: It's part of Composite Exhibit

24 3.

25 BY MR. GAINES:

1 Q. So this is all your work product here?

2 A. Yes.

3 Q. Do you know what happened with this after

4 it left you?

5 A. No.

6 Q. And this was done at Mr. Whalen's request?

7 A. Yes.

8 Q. All right. Next is another document

9 entitled, Relationships Among Goals, Issues,

10 Objectives, Strategies, Programs and Projects of the

11 Everglades SWIM Plan. Looks like a flow chart of

12 some type.

13 What was the purpose of this document?

14 A. No response.

15 Q. Well, let me back up from that. Did you

16 have any role in creating this document?

17 A. No.

18 Q. Who did create that document?

19 A. I don't remember.

20 Q. Do we have it here today because it was in

21 your system?

22 A. Yes.

23 Q. And you just printed it out?

24 A. Yes.

25 Q. Okay. Do you have any recollection what --

1 where this document fit into the picture? Did it

2 ever appear in any of the SWIM plans or appendices

3 thereto?

4 A. I don't know.

5 Q. Your computer work stations are networked

6 with each other?

7 A. Yes.

8 Q. You can send information back and forth, is

9 that correct?

10 A. Yes.

11 Q. In your directory that you used to print

12 this, is there a -- well, let me ask you if this is

13 how it's done. Would there be a directory that has

14 this document listed in some fashion so that you can

15 pull it up and print it out? How did you access this

16 document?

17 A. It's on my work station. It's not in a

18 directory.

19 Q. So there's no directory that would identify

20 the author of this --

21 A. No.

22 Q. -- that you're aware of?

23 A. I produced this from the hard copy and I

24 put together the graphics format here.

25 MR. ROSENBERG: Excuse me. Can I see that?

1 BY MR. GAINES:

2 Q. What do you mean by that, you put together

3 the graphics format?

4 A. In other words, it was written out on a

5 piece of paper showing little boxes drawn in.

6 Q. Okay. So back in 1990 when you -- this was

7 originally created, somebody did a handwritten

8 version of this and you took it and put it into the

9 system so that it would look nice and neat like it

10 does there?

11 A. Yes.

12 Q. Does the piece of paper that you were using

13 to create this still exist, to your knowledge?

14 A. I don't know.

15 Q. Do you know whose handwriting was on that

16 paper?

17 A. No response.

18 Q. Do you remember if it was Mr. Whalen or

19 Mr. VanArman or somebody else?

20 A. I would guess Joel VanArman. It's just a

21 guess.

22 Q. Okay. And did you understand in creating

23 this where you have goals, I, II, III, IV, V, VI,

24 whatever, were those being listed in order of

25 importance or priority or what was the rationale for

1 the different roman numerals?

2 A. As far as the order, I really don't know

3 why they are in this order.

4 Q. Okay. All right. The next portion, the

5 last portion of Composite Exhibit 3 is a one page

6 document entitled, Everglades Planning Division,

7 Everglades SWIM Plan, a time line of sorts. It's

8 program, project planning, scheduling and budget

9 form. What connection did you have with that

10 document?

11 A. The same as the last document. I simply

12 put it into this graphic format.

13 Q. Someone else gave you all of this

14 information and you did the computer graphics on it?

15 A. Yes.

16 Q. Do you know who gave you the information

17 that went into this?

18 A. I don't remember.

19 Q. Let me show you what I've marked as Exhibit

20 4. Is this also part of your Electronic Files? It's

21 a -- it's entitled, Draft Everglades SWIM Plan,

22 9-24-91 Version, Comments and Proposed District

23 Responses.

24 A. No, it isn't.

25 Q. You stated earlier that -- I believe you

1 stated earlier that the one occasion you had to do

2 editing to the text in the 1992 SWIM Plan was to take

3 the proposed district responses and/or the proposed

4 revisions arising out of that in making those edits

5 in the '92 SWIM plan, is that right?

6 A. Yes.

7 Q. There's two documents here. Exhibit 4 is

8 what I just described and Exhibit 5 is entitled,

9 Everglades SWIM Plan Proposed Revisions. Did you use

10 either or both of these documents in making your

11 revisions?

12 A. I used this one.

13 Q. Okay. Before we go to that one, Exhibit 4,

14 Comments and Proposed Responses, what did you do, if

15 anything, with regard to that document?

16 A. Nothing.

17 Q. Did you ever see it?

18 A. Yes.

19 Q. What did you -- is that included in one of

20 the appendices?

21 A. No.

22 Q. For what purpose did you need to see that

23 document?

24 A. I don't know that there was any purpose.

25 Q. Okay. It was just one of the documents in

100

1 your file when you compiled your documents for this

2 deposition?