Friday, January 18, 2013

Whose information is it anyway?


 
I started this blog to discuss the ever expanding Village of Palmetto Bay bureaucracy that is costing us dearly. But, I must pivot to a really important issue that faces all residents of Palmetto Bay: the inability to get public information from the Village administration.   
 
Everyone who reads my blog knows I spend a lot of time reviewing various pieces of information I receive from the Village.  Some of the information is extremely benign while some points to poor governance.  In fact, I wish I had more time to write on this matter because some of the inept financial decisions the Village has made would be a great case study for a political science course.  Unfortunately, for us it's rare that an elected official demonstrates financial aptitude. 
   
In any event, I have continued over the last couple of months to ask for various documents from the Village Attorney and Village Manager which they have refused to release.  They use one lame excuse after another. Most documents I've requested relate to the annual audit of our Village and various emails sent and received by the Village Manager.   
 
This lack of transparency goes against the Village's Municipal Charter, specifically the Citizens Bill of Rights which reads:
 
Truth in Government. No municipal official or employee shall knowingly furnish false information on any public matter, nor knowingly omit significant facts when giving requested information to members of the public.
 
 Public Records. All audits, reports, minutes, documents and other public records of the Village and its boards, agencies, departments and authorities shall be open for inspection at reasonable times and places convenient to the public.
 
The Municipal Charter goes on to read;
 
The Village Manager responsibility is to "Ensure that all laws, provisions of this Charter and directives of the Council, subject to enforcement and/or administration by him/her or by employees subject to his/her direction and supervision, are faithfully executed;
 
In regards to the Public Audit, for information I've requested over 30 days ago;
 
A summary of the results, including any deficiencies found, shall be made public. A written response to any noted deficiencies shall be the responsibility of the Village Manager. The response shall be made public no more than 90 calendar days from delivery of the independent auditor's report.
 
Apparently, both the Village Attorney and Village Manger should spend a few minutes re-reviewing the Charter.  It would help them get familiarized with the concept that the Village of Palmetto Bay citizenry has the absolute right to public information.
 
Maybe I've been incorrect in my focus on the Mayor and Councilwoman for the past six months.  Maybe my focus should have been on the Village Attorney and Village Manager.  It's the Village Manager and the Village Attorney who seem to spend a majority of their time and a great deal of expense impeding the free flow of public information.
 
I think it's time for the Council to reassess the administrative personnel of the Village.  They might find that termination is in order.  The new Council has some hard decisions to make in the next six months. Maybe the first item on the agenda should be to review the Village Attorney and Village Manager's interaction with the Village citizens.  After all it's our money that pays their generous salaries and fees.  Maybe they should do their jobs correctly or be replaced.
 
Once again if you would like to be removed from recieving future emails please notify me.

David Singer

Thursday, January 10, 2013

A Waterfall of Litigation


To all,
Just when you thought it was safe to go back in the water, news has been released that a lawsuit has been filed against Mayor Shelly Stanczky, Councilwoman Joan Lindsey, Councilman Tim Shaffer, the Councilwoman’s Husband Jerry Templer, Gary Pastorella, Delores Triana, Warren Lovely, Betty Pegram and the owners of PBCHECKTHERECORD.ORG.

So what do all these individuals have in common?  They all supported Brian Pariser’s reelection campaign and Tim Shaffer’s campaign to win Howard Tendrich’s seat.    Brian Pariser has not been named in any litigation.

OK, maybe this isn’t breaking news to everyone who lives in Palmetto Bay, but I’ve been on vacation and it’s the first chance I’ve had to write about it. 

The suit contains allegations of negligence, defamation, libel, etc., etc., etc.     Apparently, it’s judged as bad form, if not illegal, to disseminate misinformation about an individual’s (in this case Jim Ariza and Louis Medina’s) character based on apparent lies that will damage their respective reputations. 

The definition of defamation and libel is simply the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual a negative or inferior image, or in layman’s terms, a blatant lie that injures someone’s reputation.

I prefer not to detail the facts of the case, because I for one don’t want to further damage these individuals reputation more than they’ve already been damaged.  Apparently, or allegedly, the individuals named in the suit had no difficulty in that exercise.    

The real issue is that three of the individuals - Shelly Stanczky, Joan Lindsey and Tim Shaffer - named in the suit are Village of Palmetto Bay Councilmembers that should be holding themselves to a higher standard.  But once again, they may be found without the moral fiber to serve in office.

My question to these individuals, if they are found to have been libelous, is: was it really necessary to behave so poorly to get your candidates elected to office that you were willing to be devoid of any morals?  Is that the way you want to be known within this community?  Is this the face you want to show your colleagues within your profession? 

How long do the citizens of the Village have to put up with elected officials and their cast of groupies who apparently have a moral handicap?    How long must this Village be subjected to members of our Council that do not serve us in our best interest?

If they insist on acting like obstinate children then they should be punished.   Maybe the Village electorate will show their continued dissatisfaction with their behavior and vote certain incumbents out of office as they did in November 2012 or maybe we shouldn’t wait. 

In any event, they should to be held accountable if they acted improperly as alleged in the pending lawsuit against them.  We as a Village deserve better.

In the meantime, I can assure you, I will be reviewing the Village’s legal bills to ensure no legal expenses are incurred to defend any of the accused in this litigation using public money.  Be sure to keep an eye out  for my reports on this matter.

You can find the complete lawsuit on recallpalmettobay.com

David Singer