After swearing in two new members to serve on the Miami Review Board for former Miami Chief of Police Gary Anderson's appeal hearing regarding his discharge, the board agreed to set the hearing to begin on May 29.
Miami Police Officers Teresa Lashmet and Andrew Hanson were sworn into their seats on the Review Board before any discussion began.
Other Review Board members, Dr. Duane Koehler, Rudy Schultz and Chairman John Dalgarn were all present at the meeting.
The attorney for the Review Board, Carol Lahman led the discussion on procedural issues concerning the pending appeal hearing.
The special counsel for the City of Miami, attorney Tony Puckett, estimated that it would take 35 hours with cross examination to process the 20 witnesses he plans to call. In response Gary Anderson's attorney, James Frasier estimated that the hearing would take a week or more total to complete.
A major part of the night's discussion revolved around setting a new discovery date for the hearing.
The attorneys agreed to a discovery date of May 18 for all briefs, witness and exhibit lists after discussing Frasier's Open Records Request in early February from the City of Miami.
Miami's City Attorney David Anderson said that Frasier had made a proposal and an agreement has been reached to provide an IT representative familiar with the Barracuda email archiving system to assist the City of Miami's IT, Michael Richardson to expedite the retrieval of the approximately 30,000 requested email communications of city officials and police.
Frasier said the IT he consulted advised him that with the Barracuda system these requested records could be retrieved, “in less time then it takes to drive to Tulsa and back.”
Anderson said that after consulting with the District Attorney, due to his private practice cases to avoid any conflict once the emails have been obtained, a third party attorney would be asked to review the documents for any possible privileged or confidential information before being given to Frasier.
David Anderson said he could not give an estimated date for the delivery of the emails requested.
Puckett argued that the 14 personnel who are witnesses whose emails were being requested should also be allowed in fairness to review those emails.
“Once they put that out on the internet they have given up any privilege of privacy. That's true in everything we're doing in this complicated internet world and those persons did that and it's through the mechanism of the City of Miami. So, I don't see any merit to a claim that witnesses need or should be allowed the right to review and perhaps stop us from examining the email,”Frasier said.
Puckett argued that the witnesses should be able to review the emails procured so they would know what is in them, to which Frasier replied that having sent the emails they would already know the content.
Board member Hanson said he thought that it should be likened to a deposition and be allowed for review before testimony.
Lahman said that copies could be requested by each of the witnesses as public records and to simplify the process copies would be given to each attorney and the witnesses.
The hearing date was agreed upon after both Frasier and Puckett told Lahman that they had key witnesses that could not be available for certain dates, therefore necessitating pushing the hearing date back to late May.