1 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS 2 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. 21 22 VOLUME II 23 CONTINUED DEPOSITION OF 24 ANDERSON RACKLEY 25 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. 8 9 I N D E X 10 WITNESS PAGE 11 ANDERSON RACKLEY 12 Direct Examination by Mr. Rosenberg 212 13 Cross Examination by Ms. Solomon 251 Cross Examination by Mr. Russell 254 14 15 16 E X H I B I T S 17 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 21 22 23 24 25 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: 12 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.) 7 Page 258 1 STATE OF FLORIDA ) 2 ss. 3 COUNTY OF BROWARD ) 4 5 6 7 8 _________________________________ ANDERSON RACKLEY 9 10 11 Sworn to and Subscribed before me at 12 Fort Lauderdale, Broward County, Florida, this 13 __________day of ____________, 1993. 14 15 16 17 18 ________________________________ Notary Public, State of Florida 19 at Large. My Commission expires: 20 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. 9 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. 15 WITNESS my hand and official seal in 16 the City of Fort Lauderdale, County of Broward, State of Florida, this 31st of March, 1993. 17 18 _________________________________ SHELA K. ELLIS, CSR, RPR, Notary 19 Public, State of Florida at Large. MY COMMISSION EXPIRES: 11/16/95 20 Page 260 1 Fort Lauderdale, Florida 33301 (305) 763-1382 2 April 1, 1993 3 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. 12 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. 22 Shela K. Ellis, RPR 23 CC: File/Earl/Rosenberg 24 25 Page 261 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 262 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 263 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 264 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 265 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 266 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Page 267