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
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