WHAT THE HELL WAS THE MAYOR THINKING - PART 3

By now we know that Mayor Shelley Stanczyk had some involvement with the website pbcheckstherecord.com, according to her credit card information.   We also know that this website had malicious and slanderous comments that were aimed at various political enemies of the Mayor (please see southdadematters.com for all those who were defamed).   

Numerous people have approached me to ask what laws or rules I think she broke with her website involvement.   I did a little research on the matter and below is what I believe she would be in violation of if she is indeed found guilty of election law violations.   For the record, complaints against her activities have already been sent to Miami-Dade County and the State of Florida Commission on Ethics. A majority of these violations were mentioned in the complaints.

First let’s address Village of Palmetto Bay’s Charter.  Per the Charter Village Citizens are guaranteed the following;

VILLAGE OF PALMETTO BAY - CITIZENS' BILL OF RIGHTS

(A) This government has been created to protect the governed, not the governing. In order to provide the public with full and accurate information, to promote efficient administration management, to make government more accountable, and to insure to all persons fair and equitable treatment, the following rights are guaranteed:

(2) 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.  [Emails were sent out to the public by Mayor Stanczyk, referencing pbcheckstherecord.net, without any disclosure of her involvement.]

SECTION 7.2 CONFICTS OF INTEREST;  ETHICAL STANDARDS

(A)   All Council members, officials and employees of the Village shall be subject to the standards of conduct for public officers and employees set by law. The Council may, by ordinance, adopt additional standards of conduct and Code of ethics, but in no case inconsistent with law. [There are numerous Florida Statues that the Mayor must follow that she has appeared to break with her involvement in the website.]

FLORIDA STATE STATUES THAT MAYOR STANCZYK HAS APPEARED TO BREAK;

112.313 Standards of conduct for public officers, employees of agencies, and local government attorneys.

(6) Misuse  of Public Position.—No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This section shall not be construed to conflict with s. 104.31. [Various emails were sent by and signed by Mayor Stanczyk to the public, which included the link and directed them to pbcheckstherecord.com.  This website as is known was used as an attempt to discredit various individuals running for political office.]

104.31 Political activities of state, county, and municipal officers and employees.—

(1) No officer or employee of the state, or of any county or municipality thereof, except as hereinafter exempted from provisions hereof, shall:

(a) Use his or her official authority or influence for the purpose of interfering with an election or a nomination of office or coercing or influencing another person’s vote or affecting the result thereof. [Emails were sent and signed by Mayor Stanczyk to the general public.]

106.055 Valuation of in-kind contributions.

Any person who makes an in-kind contribution shall, at the time of making such contribution, place a value on such contribution, which valuation shall be the fair market value of such contribution. Travel conveyed upon private aircraft shall be valued at the actual cost of per person commercial air travel for the same or a substantially similar route. [Setting up and maintaining a website for a political ally is considered an in-kind contribution.]

106.071 Independent expenditures; electioneering communications; reports; disclaimers.

1) Each person who makes an independent expenditure with respect to any candidate or issue, and each individual who makes an expenditure for an electioneering communication which is not otherwise reported pursuant to this chapter, which expenditure, in the aggregate, is in the amount of $5,000 or more, shall file periodic reports of such expenditures in the same manner, at the same time, subject to the same penalties, and with the same officer as a political committee supporting or opposing such candidate or issue. The report shall contain the full name and address of the person making the expenditure; the full name and address of each person to whom and for whom each such expenditure has been made; the amount, date, and purpose of each such expenditure; a description of the services or goods obtained by each such expenditure; the issue to which the expenditure relates; and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made. [I believe the aggregate cost to create and maintain the website would be in excess of $5,000.]

 (2) Any political advertisement paid for by an independent expenditure shall prominently state “Paid political advertisement paid for by (Name and address of person paying for advertisement) independently of any (candidate or committee) [At no place in the website did it state “Paid political advertisement paid for by Shelley Stanczyk or PAC (see below) independent of any candidate.”]

106.08 Contributions; limitations on.

Except for political parties or affiliated party committees, no person, political committee, or committee of continuous existence may, in any election, make contributions in excess of $500 to any candidate for election to or retention in office or to any political committee supporting or opposing one or more candidates. Candidates for the offices of Governor and Lieutenant Governor on the same ticket are considered a single candidate for the purpose of this section. [Once again if contributions are limited to $500.00 per candidate and the website costs were over $5,000 to create and maintain Mayor Stanczyk is in clear violation of the Statute.]

104.091 Aiding, abetting, advising, or conspiring in violation of the code.

(1) Any person who knowingly aids, abets, or advises the violation of this code shall be punished in like manner as the principal offender.  [I believe that Mayor Stanczky had help in setting up the website and writing the blogs.]

(2) Any person who agrees, conspires, combines, or confederates with another person to commit a violation of this code shall be punished as if he or she had committed the violation. [I believe that Mayor Stanczky had help in setting up the website and writing the blogs.]

(3) Any person who knows of a felony violation of this code and gives any aid to the offender who has violated this code, with intent that the offender avoid or escape detection, arrest, trial, or punishment, shall be punished as if he or she had committed the violation. This subsection does not prohibit a member of The Florida Bar from giving legal advice to a client. [I believe that Mayor Stanczky had help in setting up the website and writing the blogs.]

 

 

Per Florida Statues, it appears that Mayor Stanczyk was at a minimum required to form a Political Action Committee per the rules below. Therefore, she potentially broke every Florida Statue she was legally obligated to follow in regards to PAC's;

    

A political committee means:

 

1. A combination of two or more individuals, or a person other than an individual, that, in an aggregate amount in excess of $500 during a single calendar year:

 

a. Accepts contributions for the purpose of making contributions to any candidate, political committee, committee of continuous existence, affiliated party committee or political party;

b. Accepts contributions for the purpose of expressly advocating the election or defeat of a candidate or issue;

c. Makes expenditures that expressly advocate the election or defeat of a candidate or issue; or

d. Makes contributions to a common fund, other than a joint checking account between spouses, from which contributions are made to any candidate, political committee, committee of continuous existence, or political party.

 

 

Whether or not Mayor Stanczyk is found to be in violation of some or all of the rules, she should have thought about the ethics of her actions as she represents all of us in the Village of Palmetto Bay.  Her actions are revolting, inconceivable and unforgivable. Mayor Stanczyk should do the Village a favor and step down.    Her credibility for the remainder of her term has become ZERO.

 

If you will excuse me for repeating myself and you are so moved and are as disgusted as I am, I recommend that you call Mayor Stanczyk’s office or email her and request that she resign.  To call her office, dial 305 259-1234.  To call her store, dial 305 969-0696. To email her, write sstanczyk@palmettobay-fl.gov.    Be sure to cc the other Palmetto Bay council members to ensure they too are aware of your support for election laws and your disgust with dirty politics.

David Singer

 

What the Hell was Mayor Stanczyk thinking? - Part 2 of 3

By now that we all know that Mayor Shelly Stanczyk was involved in setting up the website pbcheckstherecord.org and we know the website was used to defame various political opponents and candidates such a Karen Cunningham, John Dubois, and Jim Araiza. But who else was involved? The individual who created the website according to litigation filed (posted on Recall Website) by JB Harris, name is Mr. Pedro Souss, who resides at 8355 SW 183 Terr, Palmetto Bay, FL along with his wife Mili Maldonado who according to the 2013 Florida Corporation Annual Report is the Vice President and Director of Concerned Citizens of Old Cutler, Inc. (CCOCI).

According to the internet, Mr. Pedro Souss’s occupation is Computer Programing and System Design. When I called Mr. Souss to discuss the website, all he could say was he had no comment. No comment about setting up the website, no comment about his wife being a VP and Director of the CCOCI, no comment if the Mayor asked him to set up the website and no comment about why his credit card was used to obtain various Domain Names.

According to the 2013 Corporation Annual Report, CCOCI has numerous directors including Betty Pegram, Gary Pastorella, Carol Exposito, Stanley Kaplan and Mili Maldonado. As we all know CCOCI, along with the Village of Palmetto Bay, Betty Pegram and Joan Lindsay are being sued by Palmer Trinity Private School for Civil Rights Violations. It was the CCOCI that pushed the Village of Palmetto Bay into our six-year litigation battle with Palmer Trinity which, in some individuals’ opinions, will cost the Village taxpayers’ millions of dollars in attorney fees and damages.

Additionally, some of the Directors of the CCOCI are presently being sued by both John Dubois and Jim Araiza for slander and defamation of character. In a conversation with a CCOCI director, Gary Pastorella (who is presently being sued,) Mr. Pastorella stated he did not know of Mayor Stanczyk’s or CCOCI association with pbcheckstherecord.org. This leads to the question of who’s really in control of the CCOCI right now. According to Sunbiz.gov the one constant name who appears on each annual report since it was incorporated is Betty Pegram of 18121 SW 82nd Ave as a Vice President and Director. Honorable mention goes to Councilwomen Joan Lindsay who was a Vice President and Director from inception in 2005 until 2010.

I, for one, am not an individual who believes in conspiracy theories although this latest bit of information may make me more open to the concept. How and why do these individual’s names keep popping up on a continual basis and why are their actions so over the line on a constant basis that they continue to be named in litigation? Do Mayor Stanczyk and her associates think they are so far above the law that they can be this underhanded without it coming to light or without legal recourse?

In my opinion, Mayor Stanczyk and her associates should all be run out of town on a rail. They have turned the Village of Palmetto Bay into a circus. They have proven how devious they are and that they lack basic morals. Fortunately, there are legal means afforded us by the laws of the great State of Florida that allow us to remove bad actors that don’t involve a rail but can be equally as uncomfortable. It is our job, as vigilant citizens, to keep digging for facts and keep hammering away at issues until justice is served. Not only will this rid us of our current toxic politics, but it will send a message to the next Mayor and the next councilperson and those who are seated now that we will not stand for this and that they should always act transparently, in an above-board fashion and only in the best interest of all of the citizens rather than any specific special interest. None of this drama would be poisoning our Village if Mayor Stanczyk and her maladjusted misfits had just kept their activities within the Florida Commission on Ethics guidelines.

Once again, if you are so moved and are as disgusted as I am, I recommend that you call Mayor Stanczyk’s office or email her and request that she resign. To call her office, dial 305 259-1234. To call her store, dial 305 969-0696. To email her, write sstanczyk@palmettobay-fl.gov. Be sure to cc the other Palmetto Bay councilmembers to ensure they too are aware of your disgust with dirty politics.

David Singer

 

When can a Visa charge bring down the Mayor of Palmetto Bay?

“Oh what a tangled WEB we weave, When first we practice to deceive”

        Sir Walter Scott

 Every once in a while a piece of paper crosses my desk, that make me wonder "WHAT THE HELL WAS THAT PERSON THINKING?!"  In this case, it was a PayPal receipt (attached) used to pay for the website "pbcheckstherecord.com"  and it was  Mayor Shelly Stanczyk's.  I know this because it details her name, address, email addresses and credit card information.

In case you're not familiar with pbcheckstherecord.com, it's content is the basis for slander litigation due to defamation, accusations and flat out lies it made about John Dubois and Jim Araiza, along with a couple of non-factual comments about yours truly. 

After 5 months of research and subpoenas by attorney JB Harris, it turns out that Mayor Stanczyk's credit card was used to fund pbcheckstherecord.com.  Either it was done without her permission or she decided to play fast and loose in her role as Mayor of Palmetto Bay.  This is the same Mayor who, at commission meetings, holds herself out in the highest regard with supposedly impeccable character as she demands respect.  But apparently her political integrity ranks with that of Richard Nixon.

The accusations made on pbcheckstherecord.com regarding John Dubois and Jim Araiza are beyond serious in nature and will eventually cost numerous defendants dearly as the case is decided.  One accusation was that candidate Jim Araisa's was a felon.  This bald face lie might have had a great deal to do with Jim's election loss and will likely follow him for years to come.  While political speech is free in our great nation, slander can be extremely costly. The perpetrators of pbcheckstherecord.com will find that out the hard way.

While Pbcheckstherecord.com was set up to promote the candidacy of Tim Schaffer and Brain Pariser, Tim Schaffer acknowledged during a recent deposition that he wasn't even aware of the majority of information which was presented on his behalf.  One example is that Tim Schaffer was reported to be a Certified Financial Planner (CFP), which is a total fabrication according the Tim.    Publishing the fact that Tim Schaffer was a CFP, could have gotten him in serious trouble since he is not now nor ever been a member of the association.

Leaders lead and liars lie. This community desperately needs a Mayor who does not do the latter.  During the election, the Mayor promoted pbcheckstherecord.com, she sent emails that she signed as Mayor which in included a link directing recipients to visit pbcheckstherecord.com and its defamatory lies disparaging political opponents.  What we do know is there are ethic rules that define how political action is to be conducted.  It doesn't seem as though those rules were followed.  What type of example does she set for the Village of Palmetto Bay employees?  Unethical leadership leads to unethical organizations, or as the old saying goes "the fish stinks from the head."  We have some great individuals who work at Village Hall and they deserve better - a lot better. 

It's time for Mayor Stanczyk to resign.  She has no credibility as Mayor and is an embarrassment to the Village.  She has damaged this community's reputation and has disgraced the office of Mayor.   As the investigation and depositions continue further evidence of questionable activity is going to be revealed.

At this point the Mayor's Recall is a slam-dunk.  I suggest that she not put this community through the Recall process.  I call on her to offer her resignation at the next council meeting May 6th.  Nobody would mind if she engaged in one last political deception and denied wrong-doing, but decided to bow out for the good of the Village so it wouldn't have the distraction.  She could say she wants to spend more time with her family or at her Second Hand Store.  It would be a win-win: she saves face and the Village gets the chance for a better Council without her. If you are so moved and as disgusted as I am, I recommend that you call her office or email her and request that she resign.  To call her office, dial 305 259-1234.  To call her store, dial 305 969-0696.  To email her, write sstanczyk@palmettobay-fl.gov.    Be sure to cc the other Palmetto Bay councilmembers to ensure they too are aware of your disgust in dirty politics.

Part two next week -- When are the ethic violation complaints going to start to fly and were the members of the Concerned Citizens of Old Cutler involved in the website.

David Singer