1 STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SUGAR CANE GROWERS COOPERATIVE OF :

3 FLORIDA, a Florida Agricultural :

Cooperative Marketing Association :

4 ROTH FARMS, INC., AND WEDGWORTH :

FARMS, INC., :

5 :

and :

6 :

FLORIDA SUGAR CANE LEAGUE, INC.; :

7 UNITED STATES SUGAR CORPORATION; :

and NEW HOPE SOUTH, INC., : CASE NOs.

8 : ---------

and : 92-3038

9 : 92-3039

FLORIDA FRUIT AND VEGETABLE : 92-3040

10 ASSOCIATION, LEWIS POPE FARMS, :

W.E. SCHLECHTER & SONS, INC., and :

11 HUNDLEY FARMS, INC., :

Petitioners, :

12 :

vs. :

13 :

SOUTH FLORIDA WATER MANAGEMENT :

14 DISTRICT, an Agency of the State :

of Florida. :

15 Respondent, :

16 MICCOSUKEE TRIBE OF INDIANS OF :

FLORIDA, the UNITED STATES OF :

17 AMERICA, and FLORIDA DEPARTMENT :

OF ENVIRONMENTAL REGULATION, and :

18 the FLORIDA WILDLIFE FEDERATION, :

Intervenors. :

19 __________________________________:

West Palm Beach, Florida

20 March 19, 1993

Friday 9:05 a.m.

22 VOLUME II

23 CONTINUED DEPOSITION OF

24 ANDERSON RACKLEY

Page 210

1 APPEARANCES:

2 PEEPLES, EARL, & BLANK

By: RICHARD A. RUSSELL, ESQUIRE,

3 Appearing on behalf of the Petitioners.

4 LAW OFFICES OF SIMMONS & SOLOMON

By: LYNN D. SOLOMON, ESQUIRE,

5 Appearing on behalf of the Respondent.

6 UNITED STATES ATTORNEYS OFFICE,

SOUTHERN DISTRICT OF FLORIDA

7 By: ROBERT A. ROSENBERG, ESQUIRE,

Appearing on behalf of the Intervenors.

I N D E X

WITNESS PAGE

ANDERSON RACKLEY

Direct Examination by Mr. Rosenberg 212

13 Cross Examination by Ms. Solomon 251

Cross Examination by Mr. Russell 254

E X H I B I T S

Government's No. 8 for Identification 213

18 Government's No. 9 for Identification 214

Government's No. 10 for Identification 215

19 Government's No. 11 for Identification 215

Government's No. 12 for Identification 220

20 Government's No. 13 for Identification 225

Government's No. 14 for Identification 243

Page 211

1 Continued Deposition of ANDERSON

2 RACKLEY, a Witness herein, taken pursuant to

3 the Rules and Notice heretofore filed before

4 SHELA K. ELLIS, C.S.R, R.P.R, and Notary

5 Public, State of Florida at Large, at One

6 Clearlake Center, Suite 1403, Australian Avenue

7 South, West Palm Beach, Palm Beach County,

8 Florida, on the 19th day of March, 1993,

9 commencing at 9:05 a.m.

10 __________________

11 Thereupon:

13 CONTINUED DIRECT EXAMINATION

14 BY MR. ROSENBERG:

15 Q Mr. Rackley, good morning.

16 A Good morning.

17 Q Mr. Rackley, a document you provided us --

18 you provided us with this document, what is the

19 name of this document?

20 A Florida Sugar Industry.

21 Q I know, but is there a name to the

22 document? That's it?

23 A That's it.

24 Q Let me have it back for a second.

25 Does this document, Florida Sugar

Page 212

1 Industry -- That's produced by the Florida

2 Sugar Cane League?

3 A Yes.

4 Q Do you know when this was produced?

5 A I don't recall the date.

6 Q Was it produced under your direction,

7 one way or the other?

8 A It was produced since I have been with

9 the League.

10 Q It says here, page 1, there is

11 approximately 135 farmers and seven processing

12 facilities. Is that approximately correct?

13 A Let me look at that.

14 MR. RUSSELL: Are you going to make

15 this an exhibit, then?

16 (Whereupon, Government's Exhibit No. 8

17 for Identification was marked by the

18 reporter.)

19 A (By the Witness) That's correct.

20 There's approximately 135 sugar growers in the

21 EAA.

22 Q At the time this was produced, I assume

23 this number was accurate?

24 A I couldn't tell you if that's exactly

25 the same number.

Page 213

1 Q Is it approximately that today?

2 A I really couldn't tell you.

3 Q Do you know the date that document was

4 produced?

5 A I don't recall the date, and it doesn't

6 appear to have a date on it.

7 Q In any event, it was produced during

8 your tenure as an employee of the Florida Sugar

9 Cane League?

10 A Yes, it was.

11 Q What document is this, 8? I don't know

12 if this FAX sheet, 1990, 1991 document is part

13 of the FAX or not. Can I show that to you? Is

14 that part of Exhibit 8; was that produced with

15 Exhibit 8, do you know?

16 A It could have been in the back.

17 As I recall, we used to hand that out

18 along with a FAX sheet, and we produced these

19 kind of FAX sheets as sort of supplemental

20 information to that.

21 MR. RUSSELL: Do you want to make that

22 a separate exhibit, counsel?

23 MR. ROSENBERG: Yes, I will.

24 (Whereupon, Government's Exhibit No. 9

25 for Identification was marked by the

Page 214

1 reporter.)

2 Q (By Mr. Rosenberg) And that FAX sheet

3 was also produced during your tenure?

4 A Yes. Yes, it was.

5 Q Let me show you Exhibit 10, and ask you

6 if you can identify that.

7 (Whereupon, Government's Exhibit No. 10

8 for Identification was marked by the

9 reporter.)

10 Q (By Mr. Rosenberg) Can you identify

11 that?

12 A Yes, I have seen that.

13 Q What is that?

14 A This is a FAX sheet that the League put

15 together to generally identify in very broad

16 terms the League's involvement in the three

17 areas of agricultural research, agricultural

18 activities, and governmental affairs.

19 (Whereupon, Government's Exhibit No. 11

20 for Identification was marked by the

21 reporter.)

22 Q (By Mr. Rosenberg) I want to show you

23 what has been marked Exhibit 11, which I think

24 also corresponds to your supplying us with

25 documents to item 7 of the notice. It has a 7

Page 215

1 in front. I ask you if you can tell me what

2 that is.

3 A These appear to be documents that were

4 prepared at the request of the property

5 appraiser's office, whereby they asked us to

6 secure this information from various plots of

7 land through the sugar mills and then they were

8 going to use this information in whatever kind

9 of process they do to evaluate land for tax

10 purposes.

11 Q What information is provided in that

12 document?

13 If you don't mind, I'm going to come

14 around and look at it so we both can look at

15 it.

16 I can't figure this out. In other

17 words, I know what this column is over here.

18 A Well, the first column here is harvest

19 season, the various harvest seasons. And the

20 second column is gross acres.

21 Q Now, are these gross acres, is that the

22 Closter Plantation?

23 A What this would be, and they have done

24 this the same way every year, they normally,

25 "they" meaning the property appraiser's office,

Page 216

1 normally sends to our office a request for

2 specific plot information. In this instance

3 this is a plot, apparently, according to what

4 we have got here, that's a 40 acre plot of

5 sugar cane.

6 Q And they then ask you for gross tonnage

7 on that plot?

8 A That's correct. Gross tonnage of sugar

9 cane produced on that 40 acre plot.

10 Q Where does this figure come from on

11 gross tons? Does it come from Closter or from

12 the mill?

13 A Comes from the mill. In this case the

14 mill is the Sugar Cane Growers Cooperative.

15 Q Where it shows zero, does that mean

16 that was a fallow year for that 40 tons?

17 A I don't --

18 MR. RUSSELL: Answer that if you know.

19 A (By the Witness) I don't know the

20 answer to that.

21 Q I gather the percent sucrose is simply

22 a chemical percentage of what percentage of the

23 tonnage turned out to be sucrose or sugar?

24 A That's correct.

25 Q Now, I want to go through the next one

Page 217

1 here. I may have to mark this one A and B; if

2 I may mark this A, the one we just looked at,

3 this one is B.

4 In B it doesn't have percent sucrose,

5 it has percent sugar, as opposed to A, which

6 had nothing in this column. See what I'm

7 saying?

8 A Um-hmm.

9 Q Do you know why that is?

10 A Well, I know that in the sugar mill

11 there are two different ways to look at the

12 sweetness value of sugar cane, and it simply

13 has to do with the process by which they

14 determine the sugar.

15 Q Okay.

16 A And I can't tell you the details of how

17 that is determined. But in order to separate

18 that and for the Palm Beach County Property

19 Appraiser's Office to know which one they are

20 getting, they put both of those columns on

21 there, and whatever one the mill has they put

22 on there.

23 Q So this -- in this case the Okeelanta

24 Mill works on a sugar basis whereas the

25 Cooperative Mill works on sucrose, it's in

Page 218

1 terms of a formula on how much gross tonnage

2 they extract?

3 A All of the mills, depending on what

4 they do the calculations for, at sometime look

5 at percent sugar and sometimes look at percent

6 sucrose. It just so happens for this

7 particular request it was apparently easier for

8 this mill to provide percent sugar.

9 Again, that's why they put both columns

10 on there and they could get one or the other

11 and they could still get the calculations they

12 needed today.

13 Q Okay. I guess we'll put it in order.

14 C and D. With regard to D, 11 D, the mill does

15 it both ways, at least for one year it did it

16 both ways; am I correct? It looks like it's

17 '85-'86?

18 A It looks like in '85-'86 they reported

19 both percent sugar and sucrose.

20 Q You don't know what the correlation is

21 between sugar and sucrose?

22 A I can't tell you that.

23 Q Okay. That was the only -- Exhibit 11

24 was the only response made to request 7.

25 Would it be fair to say that the League

Page 219

1 does not have records of fertilizer

2 applications?

3 A The documents that you see there are

4 all I had in my files that responded to

5 question number 7.

6 Q So that it would be fair to say that

7 the League simply doesn't have or doesn't

8 collect records regarding fertilizer

9 applications or sugar cane yield.

10 Did the question refer to fertilizer?

11 A As I repeat, that's all I had in my

12 files at the League that responded to the

13 specific request that you have made here.

14 Q Would that also be true of all the sub

15 parts of the League, Dr. Dunckleman's group or

16 anybody else's group; they wouldn't have

17 information on fertilizer applications, or

18 sugar cane yield, or crop mix?

19 A I went through all of the files for

20 this document preparation.

21 (Whereupon, Government's Exhibit No. 12

22 for Identification was marked by the

23 reporter.)

24 Q (By Mr. Rosenberg) Let me show you

25 Exhibit 12 which I received in response to

Page 220

1 request 8. I will simply ask you to look at

2 that for a second.

3 Are those documents still produced

4 currently or a document like that? That

5 document is entitled Sugar Sheet, and it seems

6 to be telling us what is going on, seems like

7 an informational newsletter of some sort; am I

8 correct?

9 A Nothing entitled the Sugar Sheet has

10 been printed at the League since I have been

11 there.

12 Q Is there an informational newsletter,

13 whatever titled, that is produced by the League

14 now which does what that Sugar Sheet did, that

15 is, advise members of what's going on?

16 A No, not today.

17 Q Are members regularly advised of what's

18 going on, not just board members, but the 135

19 or so members that you have, or however many

20 members you have? Are they advised

21 periodically of what is going on, what the

22 League is doing, what the industry is doing?

23 A First of all, there is 75 members in

24 the League. Whatever number. And yes, they

25 are advised periodically?

Page 221

1 Q When they are advised, what is the

2 mechanism by which they are advised?

3 A Two ways, basically. One is by

4 updating the board members. The board members

5 then have a responsibility from serving on that

6 board to -- as they talk and visit with growers

7 and the members, to keep them updated; and a

8 second way is by periodically calling all the

9 membership together for briefings on particular

10 issues.

11 Q So the first way is word of mouth,

12 people advised by word of mouth, the word is

13 disseminated by board members, and the board

14 members talk to each other?

15 A Yes.

16 Q And the second is you have periodic

17 meetings with members of your membership?

18 A That's another way we keep them

19 updated, is by bringing the membership

20 together.

21 Q In looking through the response as to

22 document 8, I didn't find any correspondence or

23 any notices to board members advising them of

24 board meetings or information that was sent to

25 them; is there such a thing?

Page 222

1 MR. RUSSELL: Just a second, let's

2 review this.

3 THE WITNESS: I don't see where that

4 was asked for here, quite frankly.

5 MR. ROSENBERG: Provide all documents

6 disseminated, directed or otherwise

7 provided by the Florida Sugar Cane League

8 to its officers or agents to members of

9 public.

10 I'm sorry, I stand corrected, it's not

11 item 8.

12 MR. RUSSELL: It didn't ask for it.

13 MR. ROSENBERG: Let me stay with item 8

14 for a second.

15 Q (By Mr. Rosenberg) Was there any

16 correspondence, that you are aware of, with any

17 members of the Senate in 1990 regarding sugar

18 legislation?

19 A I don't recall specifically any

20 correspondence.

21 Q Were there any meetings with your

22 members, or on behalf of the League, with any

23 senators in regard to that?

24 MR. RUSSELL: This is sort of a

25 continuing objection. Requesting about the

Page 223

1 meeting of the federal legislation being

2 irrelevant.

3 If you know the answer to these

4 questions, fine, but I don't want to get

5 into a long discussion about this.

6 A (By the Witness) Would you repeat the

7 question?

8 Q Were you -- Are you aware of any

9 meetings that any of your members or the League

10 had with any of the senators regarding the 1990

11 legislation, specifically Senator Graham?

12 A I'm not aware of any specific meeting

13 with Senator Graham regarding the 1990 farm

14 bill.

15 Q And you never attended any of those

16 meetings?

17 A I was never in a meeting with Senator

18 Graham to discuss the 1990 farm bill.

19 Q Nobody ever told you if there was such

20 a meeting?

21 A I don't recall ever being told about a

22 meeting.

23 Q Are you aware of any commitment made by

24 any of your members or any leaders of the sugar

25 industry to Senator Graham regarding the 1990

Page 224

1 farm bill that had to do with phosphorus

2 reduction?

3 A I'm sorry, you are going to have to

4 repeat that.

5 Q Were you aware of any commitment made

6 by any of your members or any of the leaders of

7 the sugar industry to Senator Graham regarding

8 phosphorus and the 1990 farm legislation?

9 A I assume you're asking me if I know

10 there was any commitment made about phosphorus

11 reduction?

12 Q That's right.

13 A During a farm bill discussion? I don't

14 know.

15 Q At any point.

16 A I have no recollection or knowledge of

17 any commitment, whatsoever, regarding

18 phosphorus and the farm bill, if that was your

19 question.

20 Q Let me show you an exhibit.

21 What's the next exhibit?

22 (Whereupon, Government's Exhibit No. 13

23 for Identification was marked by the

24 reporter.)

25 Q (By Mr. Rosenberg) I'm giving you a

Page 225

1 copy of the congressional record, Senate, July

2 24, 1990. I want to direct your attention, if

3 you would, could you read the exhibit as it

4 pertains to Senator Graham? I think it starts

5 in the middle column, the first page and runs

6 over to the first column of the next page.

7 A Are you talking about -- So what did

8 you ask me to do?

9 Q Read it.

10 A Read what it says about Mr. Graham?

11 Q Well, to yourself.

12 Okay. Let me direct your attention to

13 the paragraph on the right-hand side, that

14 would be the third paragraph down and it's

15 entitled "Mr. Graham". It says, "Sugar growers

16 acknowledge that a prompt reduction of at least

17 75 percent, or 150 tons of phosphorus, is

18 needed."

19 Can you identify for me who the sugar

20 growers are that he's referring to?

21 A I don't know who he's referring to.

22 Q The next sentence down says, "Their

23 leaders have personally committed to me that

24 they will implement mechanisms on their own

25 land to achieve up to half of this reduction."

Page 226

1 Do you know what leaders he's talking

2 about?

3 A I don't know which leaders he's talking

4 about.

5 Q Has anybody ever told you that there

6 was a meeting with Senator Graham by members of

7 your organization?

8 A Not that I recall. No.

9 Q Has anybody ever told you of the

10 substance of what you just read regarding a

11 meeting with Senator Graham?

12 A I recall having seen excerpts from the

13 congressional record with this information in

14 it. That was my first knowledge that this was

15 even a consideration.

16 Q When was that?

17 A I don't recall. Sometime after the

18 date on the 1990 farm bill.

19 Q Would the League, anyplace in its

20 minutes or in its records or in its board

21 minutes, have any information regarding who

22 these leaders are that met with Senator Graham,

23 or what growers acknowledged that a reduction

24 is necessary, to Senator Graham?

25 A As far as I know, the League doesn't

Page 227

1 have anything in its records that reflect any

2 conversation like this regarding this matter.

3 Q And as far as you know, you have never

4 heard this discussion at a -- either a League

5 membership meeting or a League board meeting?

6 A I don't ever recall being involved in a

7 discussion about this at all.

8 Q Or hearing somebody else discuss it?

9 A Or hearing it.

10 Q You have a fellow who heads your

11 Washington office. I think you told me his

12 name yesterday; Yancey?

13 A Yes, Dalton Yancey.

14 Q Would he -- Do you know whether he

15 might know about this meeting?

16 A I couldn't speak for Mr. Yancey.

17 Q Did he ever tell you that he was at a

18 meeting like this, or arranged a meeting like

19 this?

20 A I don't. Mr. Yancey and I never had a

21 discussion about this.

22 Q Do you recall any discussions of the

23 subject matter at a board meeting in 1990 or

24 1991 regarding the immediate need for a

25 reduction of phosphorus?

Page 228

1 MR. RUSSELL: That question is a bit

2 confusing.

3 Q (By Mr. Rosenberg) In the period

4 1990-1991, do you recall at any board

5 membership meeting a discussion of the need for

6 a prompt reduction of 75 percent or 150 tons of

7 phosphorus?

8 A What was the time period you asked?

9 Q 1990-1991.

10 A I don't recall having a discussion

11 where -- during that time period where a

12 specific phosphorus reduction was discussed.

13 Q Do you recall a discussion in that

14 period regarding the commitment, a commitment

15 to immediately reduce phosphorus, whatever the

16 number was?

17 A No.

18 Q Were you at every board and membership

19 meeting from July, 1990 through July, 1991?

20 A No.

21 Q Which board meeting did you miss, if

22 you know?

23 A I didn't miss any board meeting.

24 Q So you were at every board meeting

25 during that period?

Page 229

1 A Yes.

2 MR. RUSSELL: Are you finished with

3 Exhibit 13, counsel?

4 MR. ROSENBERG: Yes.

5 Q (By Mr. Rosenberg) Does the League

6 maintain a list of properties for sale in the

7 EAA? Does it serve that function also, a list

8 of farms for sale, mills for sale?

9 A No, not that I'm aware of.

10 Q Do you know, for example, whether the

11 Talisman mill, the Talisman property is for

12 sale?

13 A Would you repeat that?

14 Q Do you know whether the Talisman mill

15 or Talisman property is for sale?

16 A No, I don't.

17 Q What is a share account?

18 A I'm sorry?

19 Q Does the League have something called a

20 share account? An account out of which they

21 pay money for gifts or grants?

22 A No, not that I am aware of.

23 Q I think I asked you yesterday, the

24 League does not have a list, then, of gifts

25 it's paid out in any one year, or does it?

Page 230

1 A Specifically?

2 Q Let's back up. Does the League in any

3 given year maintain a list of all the grants or

4 gifts it's paid out?

5 A I don't recall anyplace that we have

6 got a list of every single grant or gift the

7 League makes.

8 Q Does the League have an accountant?

9 A Yes.

10 Q Who is the accountant for the League?

11 A Jennie Pearce is the in-house

12 accountant.

13 Q What -- spell that.

14 A P-e-a-r-c-e, I believe.

15 Q And what's the first name?

16 A Jennie.

17 Q She's the in-house accountant?

18 A Um-hmm.

19 Q Would she have a list or be compiling a

20 list of gift or grants in any one year,

21 expenditures?

22 A Like I said, I don't recall or am not

23 aware of any list of specific grants or gifts.

24 Q Or funding of projects? How about a

25 list of funding of projects, how often they are

Page 231

1 funding, and what project is being funded; is

2 there a list on that?

3 A Not that I'm aware of by project.

4 Q How does the League keep track of what

5 projects are being funded and what's going on?

6 A In each of the areas that we spend

7 money in, ag. research, environmental, public

8 relations, governmental affairs, or whatever,

9 there's a budgeted amount for that area. There

10 are some categories in that area -- I can't

11 recall all the categories. We don't get that

12 detailed.

13 In terms of managing the money and the

14 budget, each area would be responsible for

15 managing their budget, such that they didn't

16 spend more than was allocated for that

17 particular area.

18 Dr. John Dunckleman would be

19 responsible for managing ag. research and

20 keeping up with what was paid out, and for what

21 areas.

22 Q Is there an outside accountant.

23 Does the League have an outside

24 accountant?

25 A Yes.

Page 232

1 Q Who is that?

2 A Boy and Associates.

3 Q Spell that name for me.

4 A B-o-y.

5 Q Where are they located?

6 A They are located in Clewiston.

7 Q When Dr. Polopolus made his

8 presentation to the board you were there, were

9 you not?

10 A I don't recall which presentation you

11 are referring to.

12 Q Were you there during any presentation

13 that Dr. Polopolus made to the board, the South

14 Florida Water Management District Board,

15 governing board?

16 A I don't believe I was present when

17 Dr. Polopolus made a presentation to the Water

18 Management District Board.

19 Q Is there ongoing correspondence between

20 you and Dr. Polopolus? Does he ask you for

21 information?

22 A From time to time we have telephone

23 conversations. Yes.

24 Q During those conversations does he ask

25 you to provide information?

Page 233

1 A I don't recall if he's ever asked me to

2 provide any specific information.

3 Q Did he ask you to verify information?

4 A No. No, not that I recall.

5 Q What's the substance of these phone

6 calls? Does it have to do with his economic

7 study?

8 MR. RUSSELL: To the extent that it's

9 not covered by either attorney -- well,

10 attorney work product privilege, you may

11 answer it.

12 MR. ROSENBERG: This, I don't think is

13 covered by work product privilege. He's

14 requested information. What are the --

15 THE WITNESS: I never said he requested

16 information. Those were your words.

17 Q (By Mr. Rosenberg) Does he -- has he

18 requested information in these phone calls?

19 A I think I already answered that. I

20 don't recall that he ever requested specific

21 information.

22 Q You also told me he didn't ask you to

23 verify information.

24 A That's correct.

25 Q My question is: What is the nature of

Page 234

1 the phone call about, only. However, in terms

2 of his economic study. He asked you about

3 something else, I don't necessarily want to

4 know that.

5 MR. RUSSELL: What's your question?

6 Q (By Mr. Rosenberg) In terms of economic

7 study, did you discuss that with Dr. Polopolus?

8 A First of all, Dr. Polopolus doesn't

9 work for the Florida Sugar Cane League.

10 Q He's calling you for one reason or

11 another; I'm trying to get the reason he's

12 calling you.

13 A Dr. Polopolus calls me, it's usually to

14 keep me updated on what's going on.

15 Q So, what he's doing is he's filling you

16 in on the progress of what he's doing?

17 A Correct.

18 Q What about James Richardson, has he

19 ever called you for information or to verify

20 information?

21 A I don't recall ever having any phone

22 call from James Richardson at all.

23 Q What about Peterson Consultants, are

24 you in telephone contact or correspondence with

25 them?

Page 235

1 A I have talked to them on the phone

2 before.

3 Q Now, Peterson Consultants is not

4 somebody who the League hired; correct?

5 A They work for our attorneys.

6 Q When is the last conversation you had

7 with Peterson Consultants?

8 A I don't recall.

9 Q Was it more than two months ago?

10 A I don't recall.

11 Q Do you recall the substance of the

12 conversation?

13 A No, I don't.

14 Q Who would know how much phosphorus per

15 year, say for 1990, 1991, is used as fertilizer

16 in the EAA?

17 A I don't know the answer to that.

18 Q Is the League conducting any research

19 regarding the increasing milling efficiency?

20 Is there any research being conducted now

21 regarding milling efficiency?

22 A Not that I am aware of.

23 Q Are you aware of anyone doing any soil

24 testing or soil borings in the EAA presently?

25 A I don't know of any going on.

Page 236

1 Q Is the League conducting any program or

2 sponsoring a program concerning soil tests or

3 subsidence?

4 A I'm sorry, repeat it.

5 Q Is the League conducting or sponsoring

6 any research regarding soil, soil content,

7 subsidence, soil borings?

8 A I don't believe the League is doing

9 anything other than what's being done through

10 attorney/client privilege.

11 Q Dr. Rosendahl, he was formerly employed

12 by the League, was he not?

13 A Yes.

14 Q What was his role at the League?

15 A Dr. Rosendahl's title was

16 Vice-president of environmental Relations.

17 Q Where is he now?

18 A He's employed with Flo-Sun.

19 Q Do you know whether under his direction

20 there was any soil testing being conducted,

21 either now, or at any point when he was with

22 the League?

23 A That's a two-part question.

24 Q Yes. When he was with the League was

25 he involved in any way with soil testing?

Page 237

1 A Not that I am aware of.

2 Q Do you know, in his present role if

3 he's involved in soil testing?

4 A I don't know what he's doing now.

5 Q In the documents that were provided to

6 us, do you have a separate file regarding your

7 correspondence with Peterson Consultants?

8 A I don't believe so.

9 Q Have you corresponded with Peterson

10 Consultants?

11 MR. RUSSELL: Asked and answered.

12 Q (By Mr. Rosenberg) I will take your

13 answer over the objection.

14 MR. RUSSELL: Want to go back on the

15 question to the testimony? He's answered

16 that question regarding correspondence, and

17 communications with --

18 MR. ROSENBERG: Maybe I wasn't clear.

19 I'm not talking about telephone

20 communications, I'm talking about written

21 correspondence.

22 THE WITNESS: Okay. Repeat the

23 question.

24 Q (By Mr. Rosenberg) Have you had written

25 correspondence with Peterson Consultants?

Page 238

1 A I don't believe I have.

2 Q See, it wasn't so tough.

3 From time to time you make

4 presentations to Rotary clubs or chambers of

5 commerce, am I correct?

6 A From time to time I make presentations.

7 Q For example, Chamber of Commerce in

8 Hialeah, did you make a presentation to them,

9 or North Miami Chamber of Commerce, or Rotary

10 Club?

11 MR. RUSSELL: Are you asking

12 specifically?

13 MR. ROSENBERG: In general, if he

14 speaks at these clubs.

15 A (By the Witness) I do from time to time

16 give presentations regarding the industry to

17 various clubs and organizations.

18 Q When are your next presentations?

19 A I don't believe I have anything on my

20 calendar at the present.

21 Q We have a number of documents, an

22 example of which I am showing to you, which are

23 entitled Wragg and Casas Public Relations; are

24 they employed by the League?

25 A No.

Page 239

1 Q Do you know who employs them?

2 A I'm not sure who all employs Wragg and

3 Casas at this point.

4 Q Were they ever employed by the League?

5 A Yes.

6 Q When was that?

7 A I don't remember the exact time frame.

8 Q They are a public relations firm?

9 A Yes.

10 Q And they issue press releases?

11 A Among other things.

12 Q Who, if anyone, does their function at

13 the League now?

14 A I don't have anyone on my staff who

15 does specifically what Wragg and Casas did.

16 Q What was their function when they were

17 at the League?

18 A They were public relations consultants

19 for the League.

20 Q Who does the public relations for the

21 League now?

22 A Well, public relations of the League

23 involved in -- I do, along with the help of my

24 assistant or office administrator or whatever.

25 Q Does that include issuing press

Page 240

1 releases?

2 A From time to time, not -- I don't

3 recall that we have issued any specific press

4 releases since Wragg and Casas were involved

5 with the League.

6 Q Were you present at any meetings that

7 Dr. Polopolus had with Grace Johns?

8 A No.

9 Q Were you present at any meeting that

10 Dr. Polopolus had with Tom Lynch?

11 A Not that I recall.

12 Q Were you present at any meeting that

13 Dr. Polopolus had with anyone from the Peterson

14 Consulting firm?

15 A I don't ever recall meeting with

16 Dr. Polopolus when Peterson was there.

17 Q Do you correspond with or receive

18 correspondence from Dr. Curtis Richardson?

19 A I have in the past.

20 Q When was that?

21 A I don't recall.

22 Q When was the last time -- Have you ever

23 spoken to Dr. Richardson?

24 A Yes.

25 Q When was the last time you spoke to

Page 241

1 Dr. Richardson?

2 A I don't recall.

3 MR. RUSSELL: Do you recall the

4 substance of those conversations?

5 Mr. Rackley, you can answer these

6 questions. Only answer these questions

7 only to the extent that they don't involve

8 attorney work product.

9 MR. ROSENBERG: Attorney work product?

10 Q (By Mr. Rosenberg) Well, Curtis

11 Richardson is employed by the EPD, is he not;

12 not by the League?

13 A Curtis Richardson is employed by the

14 environmental Protection District.

15 Q And not by the League?

16 A Not by the League proper.

17 Q Now, when you spoke to Dr. Richardson,

18 Curtis Richardson, did he request information

19 from you of any sort?

20 A I don't recall him requesting any

21 information.

22 Q At any time?

23 A Not that I recall, but --

24 MR. ROSENBERG: Take five minutes or

25 so.

Page 242

1 (Whereupon, a recess was taken.)

2 Q (By Mr. Rosenberg) Mr. Rackley, I have

3 given you a copy of Exhibit 14, can you tell me

4 what it is and explain it to me?

5 (Whereupon, Government's Exhibit No. 14

6 for Identification was marked by the

7 reporter.)

8 A (By the Witness) This is an

9 organizational chart of the Florida Sugar Cane

10 League.

11 Q And on top it says Board of Directors,

12 it says Atlantic 1, Okeelanta 3, Osceola 2,

13 U.S. Sugar 6, Independents 3, in brackets; what

14 does that mean?

15 A That's the number of board members that

16 each of those mills has with Atlantic,

17 Okeelanta, Osceola, and U.S. Sugar,

18 Independents and the three refer to the three

19 grower representatives that are on the board.

20 Q Now, below that there is a double line,

21 below that says committees, it has lots of

22 arrows and lots of dotted lines, and you look

23 like your sort of in the center of this. Can

24 you sort of give us an overview of what's

25 happening here?

Page 243

1 MR. RUSSELL: What do you mean by that

2 question?

3 MR. ROSENBERG: Got lots of lines. Do

4 the lines mean they report back to him,

5 these arrows here?

6 THE WITNESS: Well --

7 MR. RUSSELL: It's a compound question.

8 MR. ROSENBERG: Tell me what it is,

9 what does this signify? These lines and

10 arrows and dotted lines at the bottom. It

11 says guidance, and there's a dotted line

12 there, so I'm not sure. I think I

13 understand it, but I'm asking him to tell

14 me what it is; it's not a hard question.

15 A (By the Witness) You want to know what

16 the lines are between public communication

17 committee and my name?

18 Q Does it mean these people just report

19 to you, do they interact with each other, what

20 does the guidance line mean?

21 MR. RUSSELL: Still a compound

22 question.

23 MR. ROSENBERG: I don't know why you

24 are making this more difficult than it has

25 to be.

Page 244

1 A (By the Witness) Let me give you an

2 example. The line between my name and the

3 public communications committee means that if

4 an issue is being discussed between the public

5 communications committee, and some action is

6 called for by that committee, then it's my

7 responsibility to see that that action is

8 carried out.

9 Q Okay. The public communications

10 committee would have board members on it?

11 A Could have board members on it.

12 Q Is there an ag. research committee?

13 A Yes, there is.

14 Q And there's also an ag. research

15 department?

16 A That's correct.

17 Q Okay. The ag. research committee, now,

18 those are direct lines with arrows coming down,

19 one says variety and the other says harvesting.

20 Do you see what I'm saying?

21 A Yes.

22 Q What does that mean?

23 A It means there are two subcommittees

24 into the ag. research committee.

25 Q An agricultural committee and a

Page 245

1 harvesting committee?

2 A Yes.

3 Q And that committee also has some

4 relationship with John Dunckleman?

5 A Correct.

6 Q There is a compensation committee, a

7 budget committee and a safety committee?

8 A That's correct.

9 Q What does the safety committee do?

10 A Safety committee's primary

11 responsibility is to meet periodically and

12 discuss issues of concern amongst the members

13 as it relates to safety, and determine if

14 there's any way to deal with those issues

15 collectively.

16 Q What type of issues are safety issues?

17 A Could be anything that has to do with

18 safety around the plant, or a farm, or anything

19 else.

20 Q And I'm going to the other side; it has

21 environmental. There's an air subgroup and a

22 water subgroup, or subcommittee.

23 A Is that a question?

24 Q Is that true?

25 A Two subcommittees under the

Page 246

1 environmental committee.

2 Q They are also connected to the

3 environmental relations, that consists of Mike

4 Bellamy and Jeff Platt and Carol Wade?

5 A That's correct.

6 Q Now, the committee on the extreme left

7 here, at least in the organizational chart, is

8 a legislative committee; it has broken lines to

9 Dalton Yancey and to you. What is the

10 structural setup there?

11 A Meaning what's the relationship?

12 Q Right. Would they deal directly with

13 him in certain instances and not deal with you?

14 In other words, instructions to do certain

15 things?

16 A On legislative issues that relate to

17 farm programs and trade issues, the legislative

18 committee may give direction directly to

19 Mr. Yancey.

20 Q Do you sit in on these committee

21 meetings?

22 A On most of the committee meetings I sit

23 in on them.

24 Q Do you sit in on the legislative

25 committee meetings?

Page 247

1 A On most of them I do.

2 Q Do you know then what directions are

3 given to Mr. Yancey by that committee?

4 A I wouldn't necessarily know all of the

5 directions given to Mr. Yancey, but most of

6 them.

7 Q In terms of the chart here and the

8 organization, does he report directly to the

9 legislative committee or does he report

10 directly to you?

11 A In a trade association like the League,

12 everybody on this chart reports to the board of

13 directors.

14 Q Well, the board of directors doesn't

15 meet every day, they meet periodically. Is

16 there a central person that they would report

17 to to put the matter on the agenda for the

18 board of directors, or to immediately advise

19 the board of directors?

20 MR. RUSSELL: It's a compound question,

21 or are those just general?

22 MR. ROSENBERG: You're making it more

23 difficult.

24 MR. RUSSELL: I'm not trying to, it's --

25 MR. ROSENBERG: It will take another

Page 248

1 hour, when it can be over in two minutes.

2 MR. RUSSEL: I understand, counsel.

3 I'm not trying to make it difficult either.

4 If it's a general question you're asking,

5 then state those are examples, such as.

6 Q (By Mr. Rosenberg) Can you answer my

7 question?

8 MR. RUSSELL: I don't want to

9 restructure the question for you, I'm just

10 objecting to the compound question.

11 Q (By Mr. Rosenberg) Is there a central

12 person who Mr. Yancey would report to?

13 A Mr. Yancey would report on legislative

14 matters ultimately directed to the board of

15 directors.

16 Q Is there a central person? Board of

17 directors has a number of people there. Is

18 there a central person who would act as a

19 secretary for the board, or a person for the

20 board?

21 A Again, I will say this as plain as I

22 know how. Just like myself, Dalton Yancey

23 ultimately reports directly to the board of

24 directors of the Florida Sugar Cane League.

25 Q So, if something were to occur in

Page 249

1 Washington that he thought was important, would

2 he make 15 telephone calls to each board

3 member?

4 A On some issues, yes.

5 Q And would the board members, as far as

6 you know, call him directly on matters?

7 A On some issues.

8 Q On what issues would they call him

9 directly?

10 A It would depend upon the urgency.

11 Q I think what you're telling me, it's an

12 ad hoc situation. As these things develop

13 people make a decision at that time; is that

14 correct?

15 A On some issues each of the board

16 members pick up the phone and call me

17 regardless of which one of these committees it

18 might have originated out of, and I may relay

19 that information to Mr. Yancey.

20 Q On sugar quota or sugar subsidy issues,

21 would that be a matter where the legislative

22 committee or the board members would go

23 directly to Mr. Yancey and not necessarily to

24 you?

25 A Again, depending on the urgency of the

Page 250

1 situation, they may go to either of us.

2 MR. ROSENBERG: I have no other

3 questions.

4 CROSS EXAMINATION

5 BY MS. SOLOMON:

6 Q I have a few questions that I would

7 like to ask you, please.

8 To your knowledge, is the League or any

9 of its members doing any sort of rainfall

10 research?

11 A I'm not aware of any, I don't really

12 know for sure.

13 Q You don't know, okay.

14 I see here in Government Exhibit 8 on

15 page 15, it says that the League operates one

16 of the state's largest -- I'm paraphrasing --

17 private air monitoring networks. You have 19

18 stations that test ambient air quality. I will

19 give you a copy of it here.

20 MR. RUSSELL: Where do you want him to

21 read, counsel?

22 MS. SOLOMON: It's the second

23 paragraph, I believe.

24 MR. RUSSELL: Okay.

25 A (By the Witness) Those are the basic

Page 251

1 parameters or the areas that they are testing

2 in.

3 Q To your knowledge?

4 A I'm not sure today if these are the

5 only parameters, or if there may be some other

6 parameters that are currently being tested for.

7 I assume that when this was printed that

8 information was accurate, I just don't know the

9 date that this particular document was printed.

10 Q Who's doing the air testing? Is it

11 someone that works for the League, or is it

12 work that you contract out?

13 A Of course, the equipment set up out

14 here does the testing.

15 Q Who collects the data?

16 A We send out technicians to pull

17 whatever it is we pull off of those machines.

18 Q And the technicians, do they work for

19 the League or are they subcontractors or

20 contractors that you have hired?

21 A The technicians work for the League.

22 Q Where is that data kept?

23 A All of the data is ultimately compiled

24 into reports by an outside consultant.

25 Q And where is it kept?

Page 252

1 A We should have copies of that

2 information.

3 Q At the League?

4 A At the League.

5 Q Back to your organizational chart just

6 for one minute. What does "air sub" mean, and

7 "water sub"?

8 MR. RUSSELL: It's under environmental.

9 A (By the Witness) The reference to air

10 subcommittee and water subcommittee are simply

11 that, two subcommittees of the environmental

12 committee.

13 Q Would the air subcommittee be the one

14 that monitors that air sampling that's done at

15 the station that we just referred to on page

16 15? Is that part of their responsibility?

17 A Any discussions where policy decisions

18 had to be made regarding air matter would go

19 before this air subcommittee, most likely,

20 first.

21 Q Would this be one of those?

22 A That's an area of issue, so it would go

23 to that committee first, normally.

24 MS. SOLOMON: All right, that's all I

25 would like to ask.

Page 253

1 MR. ROSENBERG: His attorney can

2 explain waiving the reading, signing.

3 MR. RUSSELL: I need to put a couple --

4 We are going to have to take about a ten

5 minute break and then five more minutes and

6 we'll be done. We need to add a couple of

7 things to the record that I need to

8 discuss.

9 (Whereupon, an off the record

10 discussion was had.)

11 MR. RUSSELL: Back on the record.

12 Let's -- I have one question for you,

13 Mr. Rackley.

14 CROSS EXAMINATION

15 BY MR. RUSSELL:

16 Q Yesterday you were asked about the

17 farmers' responsibility under the law and SWIM

18 Plan, and you said that you didn't know. Would

19 you please explain what you meant by that?

20 A What I meant was that it had not been

21 ascertained, as far as I could tell, what the

22 exact responsibility was of the farmers under

23 the law. But the farmers that I represent and

24 in the Florida Sugar Cane League, know and

25 understand that they have a legal

Page 254

1 responsibility the same as any other citizen in

2 the State of Florida, and what they are most

3 concerned about is being treated fairly under

4 the law, like any other citizen would be.

5 MR. RUSSELL: Okay. That's all the

6 questions I have.

7 Just wanted to make sure, counsel, that

8 we are on the same wave length here

9 regarding his testimony, as far as exactly

10 what Mr. Rackley is going to testify.

11 As he stated yesterday, we haven't

12 scripted out or gone over what he's going

13 to testify exactly to, but as far as the

14 information upon and knowledge upon which

15 he will base his testimony, unless there is

16 some other issue that comes up, in which

17 case we will notify you, his body of

18 knowledge is what it will be based on, and

19 if there -- you have got the rest of the

20 day, for that matter, if there are any

21 other areas that you feel need to be

22 inquired about, or what have you.

23 MR. ROSENBERG: I'm not sure what you

24 are saying.

25 MR. RUSSELL: I'm just trying to make

Page 255

1 sure that we are finished today.

2 MR. ROSENBERG: We are certainly

3 finished today.

4 MR. RUSSELL: I mean finished with

5 Mr. Rackley's deposition, unless we notify

6 him that there is another area.

7 MR. ROSENBERG: Well, I think it's fair

8 to say that he wasn't specific yesterday on

9 what exactly he was going to testify to. I

10 asked him questions in areas and he told

11 me. He said it certainly has not been

12 specified as to what he's going to testify

13 to. Now I don't know how you're going to

14 refine that, whether you're going to issue

15 a new notice or what.

16 MR. RUSSELL: Well, let's clarify that

17 now, and then if you have got further

18 questions -- because we are not aware --

19 Unless there is an additional notice --

20 Just like any other witness, unless there

21 is an additional area that he's going to

22 testify to, as to his areas of testimony

23 that were noticed.

24 MR. ROSENBERG: I asked him questions

25 on standing and he told me what his

Page 256

1 response was on standing. And I asked him

2 questions on how these things were going to

3 impact his members, and he told me he was

4 going to provide information from what he

5 either observed or would observe or what

6 his members told him. I think that's

7 sufficient, I don't know what more --

8 MR. RUSSELL: Well, what I am saying is

9 I just want to make sure --

10 MR. ROSENBERG: I don't know what

11 you're asking me to concede here.

12 MR. RUSSELL: I'm not asking you to

13 concede anything, other than the deposition

14 is over. He doesn't need to be redeposed,

15 absent another notice that he will be

16 giving additional --

17 MR. ROSENBERG: Given what his

18 responses are now and what he knows and

19 does not know now, I think the deposition

20 is over.

21 MR. RUSSELL: Thank you.

22 THE REPORTER: Waive reading and

23 signing?

24 MR. RUSSELL: No.

25 THE REPORTER: Do you want a copy if

Page 257

1 it's ordered?

2 MR. RUSSELL: Copy.

3 MS. SOLOMON: I will have to let you

4 know.

5 (Whereupon, the deposition was

6 concluded at 10:45 a.m.)

Page 258

1 STATE OF FLORIDA )

2 ss.

3 COUNTY OF BROWARD )

8 _________________________________

ANDERSON RACKLEY

11 Sworn to and Subscribed before me at

12 Fort Lauderdale, Broward County, Florida, this

13 __________day of ____________, 1993.

18 ________________________________

Notary Public, State of Florida

19 at Large.

My Commission expires:

Page 259

1 CERTIFICATE

2 STATE OF FLORIDA )

) SS.

3 COUNTY OF BROWARD )

4 I, SHELA K. ELLIS, RPR, CSR, and

Notary Public, State of Florida at Large, do

5 hereby certify that pursuant to Notice of

Taking Deposition in the above-styled cause,

6 ANDERSON RACKLEY was by me first duly sworn to

testify the whole truth, and upon being

7 examined, testified as is hereinabove shown,

and the testimony of said witness was reduced

8 to computer transcription under my personal

supervision.

I further certify that the said

10 deposition was taken at the time and place

specified hereinabove and that I am neither of

11 counsel nor solicitor to either of the parties

in said suit nor interested in the event of the

12 cause.

13 I further certify that I have delivered

the original copy of said deposition to ROBERT

14 A. ROSENBERG, ESQUIRE, to be retained by him

pending further order of the court.

WITNESS my hand and official seal in

16 the City of Fort Lauderdale, County of Broward,

State of Florida, this 31st of March, 1993.

18 _________________________________

SHELA K. ELLIS, CSR, RPR, Notary

19 Public, State of Florida at Large.

MY COMMISSION EXPIRES: 11/16/95

Page 260

1 Fort Lauderdale, Florida 33301

(305) 763-1382

April 1, 1993

4 Mr. Anderson Rackley

c/o William L. Earl, Esquire

5 Peeples, Earl & Blank

Two South Biscayne Blvd., Suite 3636

6 Miami, Florida 33131

7 Re: SUGAR CANE et al., vs. SOUTH FLORIDA et al.

8 Case Nos. 92-3038, 92-3039, 92-3040

9 Dear Mr. Rackley:

10 The transcripts of your deposition taken in the

above-styled cause on March 18, 1993, and March

11 19, 1993, are now ready for your reading and

signing.

You may come to our office at any time between

13 the hours of 9:00 a.m. and 5:00 p.m., Monday

through Friday, to read and sign your

14 depositions.

15 The original transcripts of your deposition

will be held in this office until Tuesday, May

16 1, 1993, after which time they will be

delivered to Robert A. Rosenberg, Esquire, to

17 be retained by him pending order of the court.

18 Should you have any questions about this

procedure, please call this office or your

19 counsel.

20 Sincerely,

21 Associates/Certified Reporting, Inc.

Shela K. Ellis, RPR

23 CC: File/Earl/Rosenberg

Page 261

Page 262

Page 263

Page 264

Page 265

Page 266

Page 267