House speaker silent on computer suit

Johnnie Byrd's lawyer moves to have him spared a deposition in the case involving Hayes Computer Systems.

TALLAHASSEE - House Speaker Johnnie Byrd does not want to be forced to answer questions in a $3-million lawsuit against the House over a computer system.

Attorneys for Hayes Computer Systems, who accuse the House of breach of contract, wanted to take Byrd's deposition this Friday, the last day of a five-day special legislative session.

Byrd's lawyers effectively delayed it by filing a motion, seeking a protective order in state court.

"The speaker doesn't have any facts to add to this thing," said Byrd's attorney, Steve Burton of Broad & Cassel in Tampa. "It would be like deposing Bill Gates for disputes you have with Microsoft."

In a motion filed with Leon County Circuit Judge Jonathan Sjostrom, Burton argues that Byrd has no "independent knowledge" of the issue and that this week's special legislative session "demands his full attention."

Hayes' lawyer, Don Conwell, said other witnesses have described Byrd as determined to replace Hayes with another company.

"Everything turned around and went downhill when Johnnie Byrd took over as speaker," Conwell said. "Johnnie Byrd is the one who has to answer as to why."

Hayes won the contract from Byrd's predecessor, Tom Feeney, in 2001. Hayes argues that Byrd sparked the lawsuit by shuffling computer personnel and demanding changes to the system after he replaced Feeney last November.

One of the biggest changes was Byrd's hiring of Burton, a friend and campaign contributor, as legal counsel. Burton then hired Jagged Peak, a Clearwater computer company, to modify the system. The company has been paid more than $2.2-million.

Hayes sued the House in March, claiming the House violated a contract that required it to pay the company $2.9-million for installing the "Lawmaker" system that tracks official House business.

The House claims Hayes did not comply with the terms of the contract, while Hayes says the House never accepted or rejected the computer system.

Sjostrom rejected Hayes' claim for either the money or the equipment, citing "ambiguities" in the contract. The case is set for trial in January. The money remains in escrow.

Hayes sought Byrd's deposition shortly after submitting a court motion accusing Byrd of pressuring a financially strapped Hayes to create a private, secure area in the computer system to use for "personal political reasons," including "to keep track of political IOUs."

Burton filed a motion calling the allegation "scandalous" and seeking to strike it from the record. In an interview, Burton called the allegation "malarkey," and said: "It's baseless. It was intended only to inflame."

Feeney's former policy chief, Paul Hawkes, now a state appeals court judge, spent all day Tuesday testifying in a deposition. While Hayes' system had some flaws, Hawkes said, "everybody was happy with the way it was progressing."

Hawkes left the speaker's office after Byrd replaced Feeney a year ago.

© 2006 • All Rights Reserved • Tampa Bay Times 490 First Avenue South • St. Petersburg, FL 33701 • 727-893-8111 Contact the Times | Privacy Policy Standard of Accuracy | Terms, Conditions & Copyright