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09-08-2009, 04:03 AM
Highlands Today

Published: September 6, 2009

SEBRING - In the past year, Highlands County and its employees say they have spent about $200,000 and 1,500 hours dealing with the public records requests of one man, Preston Colby.

"The e-mails, they come fast and furious," said Lisa Burley, chief of staff at Highlands County Sheriff's Office. "We have to go through every little document. Sometimes we're so bombarded, we can't get our jobs done."

At the clerk of court's office, Jerome Kaszubowski, senior director of business services, was spending so much of his time handling public records requests, the job was given to two lesser-paid employees, said Eric Zwayer, director of central services.

At the county commission offices, public information officer Gloria Rybinski said she spends 60 percent of her time dealing with requests from Colby.

"That's a conservative number," she repeated three times. She opened a file drawer in her office. She pointed to a 24-inch-long section of papers. "Those are Preston Colby requests, and copies of the information he requested. About half of that is just the last six months."

County Attorney Ross MacBeth has billed the county $62,100 from August 2008 through July 2009. They included court time to settle whether Colby should get public records he requested.

Another side

"This whole thing has been concocted and overstated," Colby said Friday. "The county should just be giving me the records."

County officials fight him over public records requests, he said, because the records would prove embarrassing, unlawful and felonious to the county.

"It would make them look bad," Colby said. He has accused MacBeth, former County Administrator Carl Cool, former chief planner Jim Polatty, and current County Commissioner Guy Maxcy of conspiring to change the zoning for a project Maxcy didn't like.

Two months ago, Colby claimed to have an affidavit proving that, signed by former zoning official Gary Lower, but he has not filed it in court.

Kaszubowski says Clerk of Courts Bob Germaine asked him to start tracking how much time he spent on Preston Colby requests.

"Ninety-one hours since January through July 15," Kaszubowski said.

He counted 67 Colby requests. "But there's more," Kaszubowski said. "The other clerks have more hours."

Earlier this year, Colby appeared and asked the court clerk - who is the county's official auditor, Colby pointed out - to investigate six matters for him.

"He was alleging foul play by board employees," Kaszubowski summarized. The clerk's investigators spent several hours looking into Colby's charges, which are not counted in Kaszubowski's 91 hours.

What did the investigation reveal?

"The clerk shut it down," Kaszubowski said. He said Germaine realized the investigation wouldn't reveal wrongdoing.

However, Kaszubowski admitted, "There is an occasional instance where he has made a good point. In all honesty, yes. But overall, when he's claiming there's issues..."

Kaszubowski said the clerk's office has spent as much as $10,000 this year in employee hours and other costs related to Colby's public records requests.

"On a weekly basis, it's a significant about of documentation," Kaszubowski said. "They're extensive, they're numerous, and most of the time they don't lead to any finding of wrongdoing."

Now that Colby has sued the county, a judge, court clerk and bailiff are also spending taxpayer money, Kaszubowski said.

Why not just say no to Preston Colby?

"We cannot deny him," Kaszubowski said. "Not legally. It's very clear in statutes and case law."

Florida law says all government records are public, with certain exceptions, like open investigations by law enforcement agencies.

Maxcy

"Highlands County has spent hundreds of thousands of dollars over the last 20 years on Preston Colby requests," said Commissioner Maxcy. "We'd be better off paying someone to look under every single rock in the county. What can he show for his - he can't show anything. A few mistakes that the county has made. I thank him for that, but that's just a few dollars. Look at all the money that's been spent because of him."

Colby filed a complaint with the state ethics commission, alleging that Maxcy didn't - but should have - abstained from voting on a Blue Head Ranch issue. Blue Head owns property that Maxcy leases.

Maxcy said the ethics commission has never sent an investigator to speak with him. The charge is still pending.

"This has been tough on me and my family," Maxcy said. "I'm sure Preston would like to know that. But I consider that below the belt. If it would just show some good, I would feel differently, but it never does."

"And don't forget about FREDI," Maxcy added before he hung up. "He sued them. They had to get an attorney. They found nothing to be wrong, and look how much it cost them."

An attempt was unsuccessful to contact Florida's Heartland Rural Economic Development Initiative on Friday afternoon to confirm how much they paid an attorney. Maxcy said it was tens of thousands of dollars.

"The cost to us as a county is tremendous," he said.

Colby

Preston Colby isn't forthcoming about his personal life. He signs letters and e-mails, "Capt. Preston Colby, Florida Public Safety."

The captain is a designation from the U.S. Merchant Marines, he said. He wouldn't reveal his age, or the business of Florida Public Safety.

"That's on a need-to-know basis, and you don't need to know," he said.

He later called back and came to Highlands Today, apologizing on both occasions for being rude. It's a frequently repeated complaint that he has been rude to at least one clerk from whom he has requested records, although none of the sources for this story complained, except Maxcy.

Colby said he is exposing corrupt county officials.

"Most of this has been brought to my attention by county employees," Colby said.

He was aware of this story before he was contacted for his side because a county employee alerted him, he pointed out. Next up, he promised - the school board.

School board employees have been giving him information too, he said. "And I haven't really gotten started on the school board yet, but boy, do they have problems."

He didn't know Friday how much money the county had spent answering his requests.

"No. There were alternatives to those expenses. Give me the records."

When will his investigations end?

"Finish? We aren't even started."



When will they ever be done with this guy. And who gives a guy like this, who is obviously trying to make everyone in a position of authority as miserable miserable as him, the ability too keep making us jump through hoops. I know this is LEO affairs, but recently he has been making us a little bit crazy too aye.