City of WPB Falsifies Documents
10/5/2020 I attended the City Commission meeting and was interested in item #9. It reads.
Resolution No. 220-20 finding that city owned property located at 8111 South Dixie Highway is not needed for City purposes, declaring the property surplus ,and providing the method of disposition.
Commission District: The subject property is located within Commission District No.5: Commissioner Christine Lambert.
Below you will find a video and if you have no desire to listen to the entire meeting you can forward the clock to 1.25.28 when Commissioner Lambert states “I have emails and texts and phone calls from a number of residents in my district who want to see this move forward.” Mayor James stated at the same meeting this land belonged to all residents of the city not just the south end. I couldn’t agree more but what the city does with the land wont effect me or the people out west or in the northend. It will effect the people who live and pay taxes and vote in the south end. I’m looking at educated people with not 1 ounce of common sense.
Hear meeting below:
I wanted to read these emails from a “number of residents” and placed a PRR (Public Records Request) for emails only.
10/7/2020 My request reads: I am requesting to view all of Commissioner Lamberts email concerning the 8111 Dixie Hwy. that was discussed at the City Commission meeting held on 10/5/2020. I want the emails that were both for and against the project. Thank you in advance for your help. Please acknowledge request received.
10/13/2020 “The estimated or final invoice is attached. Please pay the amount due (Deposit Due or Balance Due)
If the invoice is an estimate, pay the deposit due (50% of estimated total) to proceed with the record search. The records are not collected until the deposit is paid. Then, the remaining charges must be paid before the records are released. The total actual charges may change the final invoice.”
10/16/2020 Total charge of the invoice $16.25. I choose not to pay a deposit but the entire invoice. Note how much the city charges residents per hour for records. Unbelievable! See the invoice below
invoice Lamberts email
Now I wait for the records, and told my request was forwarded to the IT (Information technology) dept.
10/19/2020 Below is the final response from the city.
Dear Sandy Matkivich,
RE: PUBLIC RECORDS REQUEST of October 07, 2020, Reference # R006665-100720
“The City of West Palm Beach received a public records request from you on October 07, 2020. Your request mentioned:
“I am requesting to view all of Commission Lambert’s email concerning the 8111 Dixie Hwy. that was discussed at the City Commission Meeting held on 10/5/2020. I want the emails that were both for and against the project.
Thank you in advance for your help. Please acknowledge request received.
Sandy Matkivich”
This email is to notify you that no records exist. Your request has been closed.
If you have any questions, please contact my office. Thank you for your attention.
Once again I have paid the invoice and received no records, or had them heavily redacted or received a response from a previous Administrator stating his salary was 1/2 of his actually salary.
10/21/2020 Sandy’s final response to the city.
Mayor James, City Administrator Faye Johnson, City Attorney Kim Rothenburg, City Clerk Hazeline Carson. Consider this a PRR for Commissioner Lamberts emails she received concerning 8111 So. Dixie Highway she claims to have received at the City Commission meeting held on 10/5/2020.
It would be a waste of time to contact the OIG (Office of the Inspector General) or the PBC COE (PBC Commission on Ethics) 2 useless forms of appointed officials. I am considering contacting Attorney Sid Garcia and suing the city, but the taxpayers would carry the cost but if the city leaves me no choice, then I don’t have a choice.
3 Politician’s Breaking the Law
What your looking at is a picture of Mayor Keith James, County Commission Mack Bernard (background) and Congresswoman Lois Frankel in front of city hall. James gave a press conferences on early voting. What’s wrong with this picture is they are standing in front of a “signed sealed delivered” campaign sign for Biden/Harris which is a no-no. Double click the picture to enlarge.
If you take the time to read the rest of the story you will read what WPB City Charter has to say on the issue, along with Florida Statues and an email from a concerned citizen.
Sec. 62-33. – Political activity by employees.
(a) No officer or employee of the city except as hereinafter exempted from provisions hereof, shall:
(1) Use his 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;
(2) Directly or indirectly coerce or attempt to coerce, command or advise any other officer or employee to pay, lend or contribute any part of his salary, kick back any sum of money, or anything else of value to any party, committee, organization, agency or person for political purposes; or
(3) Directly or indirectly coerce, or attempt to coerce, command and advise any such officer or employee as to where he might purchase commodities or to interfere in any other way with the personal right of such officer or employee.
The provisions of this section shall not be construed so as to prevent any person from becoming a candidate for and actively campaigning for any elective office in this state. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates. The provisions of subsection (a)(1) of this section shall not be construed so as to limit the political activity in general, special, primary, bond, referendum or any other election of any kind or nature, of elected officials or candidates for public office in the state or of any county or municipality thereof. The provisions of subsections (a)(2) and (3) of this section shall apply to all officers and employees of the city whether elected, appointed or otherwise employed, or whether the activity shall be in connection with a primary, general, special, bond, referendum or any other election of any kind or nature.
(b) Any person violating the provisions of this section shall be guilty of a misdemeanor of the first degree punishable as provided in F.S. § 775.082 or F.S. § 775.083.
(c) Nothing contained in this section shall be deemed to prohibit any public employee from expressing his opinions on any candidate or issue or from participating in any political campaign during his off-duty hours so long as such activities are not in conflict with the provisions of subsection (a) of this section or of F.S. § 110.092.
A resident complained to City Administrator, Faye Johnson concerning the picture above which was included with a story by the PB Post. Below is Ms. Johnson’s response.
—–Original Message—–
From: Faye Johnson <[email protected]>
To: [email protected] <[email protected]
Sent: Wed, Sep 30, 2020 4:57 pm
Subject: RE: how ugly is it going to get?
Mrs. Levine:
The City Attorney has confirmed that the political signage on the podium could be viewed as a violation of the City Code. In keeping with the sign code, the podium was removed; albeit immediately after the press conference. This matter has been discussed with the Mayor who assured me that a repeat occurrence will not happen. Regards.
Faye W. Johnson, MPA
City Administrator
City of West Palm Beach
401 Clematis Street
[email protected]
561-822-1400 (office)
Ms. Johnson I believe you are smart enough not to take James at his word. You have received complaints previously concerning Commissioner’s Lambert and Shoaf political signs placed around city hall, and the mayors press conference was held on Sunday so hopefully you were at home and didn’t witness 3 politicians breaking the rules.
I am inundated with politics on my computer, TV and cell phone and what grabs my attention is when I’m told President Trump wants my Social Security check, which I have paid into my entire working life. I looked into it and here is what I discovered. We have Franklin D. Roosevelt, Democrat, to thank for Social Security.
“The Social Security Act was enacted August 14, 1935. The Act was drafted during President Franklin D. Roosevelt’s first term by the President’s Committee on Economic Security, under Frances Perkins, and passed by Congress as part of the New Deal. The Act was an attempt to limit what were seen as dangers in the modern American life, including old age, poverty, unemployment, and the burdens of widows and fatherless children. By signing this Act on August 14, 1935, President Roosevelt became the first president to advocate federal assistance for the elderly.”
Below is a video that runs 4.25 minutes and I hope you invest the time to listen to it and then decide who protects your Social Security check.
In closing I will share with you my experience when I voted in the primaries last Aug. The Supervisor of Elections suggest you update your signature periodically. Your signature is that important and don’t sign your name on the back of the absentee envelope your vote wont be counted.
I walked in and showed my picture ID and voting registration card both containing my signature. Walked to the next table and received my voting card. Next table asked for my signature. Once again I am asked to sign on an iPad with my index finger. Followed instructions and showed the woman my signature card and my signature on the iPad. Told her they didn’t look anything alike. She actually agreed, and when I went to take a picture she said it was not allowed. The old system where you actually used a pen to sign was not broken, why change it? And people wonder why they don’t trust voting in America.
The end
Keith James has Another Committee
What you are about to read is (almost) ancient history. The City Commission is about to vote (10/19/2020) on another James committee namely “Task Force on Racial and Ethnic Equality”. Let’s look at the committee’s James has formed in the past.
Mayoral Candidate and City Commissioner Keith James Launches Neighborhoods First Initiative January 31, 2019
Keith James for Mayor
Keith James, city commissioner and mayoral candidate of West Palm Beach (WPB), today launches the Neighborhoods First Initiative.
“I am proud to announce my Neighborhoods First Initiative. It’s a plan to ensure each and every West Palm Beach neighborhood is listened to, their ideas are taken into consideration and that we are all working together to make our community a great place to live, work and raise a family,” James stated. “Our neighborhoods are the jewels that define our city and as Mayor, I am going to work to make sure neighborhood issues and projects are prioritized and getting done sooner. The advisory groups that are formed out of my Neighborhoods First Initiative will provide valuable feedback and ideas to help shape policy and direction.”
Media Contact: Jonathan Cooper Keith James Campaign
Read the entire press release below.
This sounded good for a man running for Mayor of WPB. Once elected the Neighborhood First Initiative went away, never to be heard from again, but was replaced with the “Transition Team”
“First order of business for new West Palm Beach mayor: Create a transition team to evaluate policies.
WEST PALM BEACH, Fla. — During his first weeks of Mayor of West Palm Beach, former city commissioner Keith James wants to take a close look at policies and procedures within the city, by creating a transition team that will examine several departments.
“Between 40 and 50 representatives of neighborhoods of businesses of nonprofits who are going to help us look at various policy issues and make some specific recommendations,” said Mayor James.
“We are already putting into place, me hiring what I call my public safety liaison, somebody who is going to report directly to me and help me as I begin assessing the performance and policies in our public safety operations that means police as well as fire, said James.”
First order of business was remove Police Chief Sara Mooney as Chief of Police and hire new Police Chief Frank Adderley and Deputy Chief Rick Morris. I never realized it took 2 men to replace 1 woman. Read the story below.
Well the Transition Team sounded good too. Unfortunately the 40-50 folks who volunteered their time and effort to assist the mayor walked away disappointed because none of their suggestions were used. These good folks should have suspected something was amiss when James asked them to sign non-disclosure agreements.
African American Advisory Council
The African American Advisory Council’s purpose is to keep the Commission and staff informed about the needs and concerns of African Americans in the City of Hollywood Fl. The council is dedicated to promoting fairness and equality in economic, employment, housing, education and cultural opportunities.
If you are questioning why I included Hollywood Fl. in this story it’s because James disbanded the Council in WPB after attempting to campaign with African Americans the council suggested he ignored African American’s as a City Commissioner, what could they expect from him as mayor? Possibly the Mayor’s Task Force on Racial and Ethnic Equity is meant to replace the African American Advisory Council.
Aug 11, 2020 “During a press conference at West Palm Beach City Hall, Mayor Keith James announced the appointment of the Task Force on Racial and Ethnic Equality. The establishment of the Task Force comes on the heels of calls for both local and national change in the wake of recent incidents that ignited outrage, exposed deeply entrenched systemic racism in our country, and challenged the public’s confidence and trust in our system of policing and criminal justice.” Read the story below:
https://www.wpb.org/our-city/mayor-s-office/mayor-s-task-force-on-racial-and-ethic-equality
Mayor Muoio hired retired Captain 25 year veteran of the Police Dept; named Wendy Morse as Director of the office of Public Life. James later changed the name to Community Outreach. Ms. Morse responsibility was to work with the police force and residents to challenged the public’s confidence and trust in our system of policing and criminal justice, and insure the community had a say in how public space was used. What I’m told is Ms. Morse was doing a hell of a job, before James “laid her off” soon after he was sworn in.
City Commissioners Heads Up!
City Commission meeting to be held 10/19/2020 CONSENT CALENDAR (1-7) Consent Calendar is where the city passes item’s without much notice or comment. I ask readers please pay attention to item # 6, 10 &11. I have posted sections of the agenda #6, 10 & 11 and the entire agenda can be read here.
https://www.wpb.org/home/showdocument?id=2619
# 6 Resolution No. 284-20 establishing and appointing members to a nine (9) member Affordable Housing Advisory Committee, establishing the term of office and waiving conflicts of interest.
Staff Recommended Motion: Approve Resolution No. 284-20.
Background: The City of West Palm Beach receives annual allocations of State Housing Initiatives Partnership (SHIP) Program funds from the State of Florida for the creation and/or preservation of affordable housing. As a condition of receiving the funds and in accordance with Florida Statutes, the governing board of the city is required to establish an Affordable Housing Advisory Committee (AHAC)
The entire list of 9 names can be read in the agenda, but the 3 named below have business relationships with the City and may have a conflict of interest, which commissioners will be asked to waive.
They are:
a. Thais R. Sullivan: The First Vice President of Valley National Bank is presently doing business with the City as a partner assisting with the City’s COVID-19 Business Loan Program;
b .Jeremy Morse: The Executive Director of Mental Health America presently doing business with the City as a social service provider and recipient of federal Community Development Block Grant (CDBG) funds assisting with on-street mental health services;
c. Terri Murray: The Executive Director of Neighborhood Renaissance Inc. presently doing business with the City as a non-profit developer receiving federal funds for the development of affordable housing.
The term of the committee is three (3) years, and each member will serve for the three-year period.
Norman Ostrau, the City’s Ethics Official, has advised that both state and county law provide that no member or their outside employer can sell goods or services to the city or have any employment or contractual relationship with any business entity doing business or regulated with the city or any contractual or employment relationship that will be a continuing or frequently recurring conflict between their private interest and public duty or impede their public duties. He is of the opinion that the relationships described above violate this law thereby creating a conflict of interest. He further advises, however, that both state and county law provide that the conflict can be waived by the city commission at a public hearing where the proposed member disclose the conflict and the commission waives the conflict by a vote of a majority plus one. Ms. Sullivan, Mr. Morse, and Ms. Murray have made the disclosure on the required state ethics commission form 4A, and the commission is requested to waive the conflicts by approving Resolution No. 284-20. 6″
Commissioners when in doubt—-Don’t wave conflicts of interest. They are in place for a reason, and if they can be waived so easily why have it in the first place? Norman Ostrau, the City’s Ethics Official is the guy who told Commissioner Lambert she could vote in favor of her husbands company WGI, who has multiple contracts with the city.
# 10. Waiver of conflict for two advisory board members of the Mayor’s Task Force on Racial and Ethnic Equity.
Background:
On July 7, 2020, the Mayor executed Executive Order 2020-13, establishing the Mayor’s Task Force on Racial and Ethnic Equity and has appointed its members. Mr. Bradley Alexander Hurbert who is also the President of The Community Foundation for Palm Beach and Martin County, (Community Foundation), and Ms. Julie Fisher Cummings who is the Community Foundation’s Board Chair are two of the Mayor’s appointees.
#11 Public Hearing of Resolution No. 149-20 authorizing acceptance of federal entitlement grants approving and authorizing submission of the City’s Five-Year Consolidated Plan (2020-2024), the One-Year Action Plan for Fiscal Year 2020-2021, and the Citizen Participation Plan and authorizing execution of all related documents.
Background:
As an entitlement community receiving U.S. Department of Housing and Urban Development (HUD) formula program funds, the City of West Palm Beach is required to submit a Five-Year Consolidated Plan that serves as the planning tool outlining the jurisdiction’s housing and community development needs. The Consolidated Plan is carried out through annual Action Plans which provide a concise summary of the actions, activities, and specific federal and non-federal resources that will be used each year to develop strong, sustainable, and inclusive communities. The City has established a Citizen Participation Plan to provide opportunities for citizen involvement in the process of developing and implementing the HUD-assisted programs. For Fiscal Year (FY) 2020-21, the City anticipates receiving a total of $4,707,736.
Previously the city had problems with HUD.
“A federal agency says it wants nearly $3 million back from West Palm Beach because of how poorly the city managed low-income housing grants. The Department of Housing and Urban Development says the city missed deadlines, kept poor records and lacked procedures to oversee the spending of federal money it distributed to an arm of the Redemptive Life Fellowship church. The city had hired the organization to build houses as part of a major effort to revitalize one of West Palm’s most down trodden neighborhoods, Coleman Park” Want to read more? Google Redemptive Life. James was their attorney.
Read the story here:
HUD wants 3 million back from city
James Wants an end to Negotiations with IAFF.
On 10/13/2020 I sat in on a meeting at City Hall for a negotiation between the city and the IAFF new contract. The meeting was to start at 2:00 PM, and James entered at 2:10 PM, offered no apology for his tardiness, and the first words out of his mouth was “I told you last week you had my final offer, why are we here to negotiate again?”
At 2:11 PM I knew this meeting was going nowhere because the mayor had spoken. Unfortunately I was correct in my thinking.
The negotiations are largely formalities at this point. The city is required by PERC (Public Employees Relations Commission) to meet with Fire Fighter representatives and work out a new 3 year contract if they request it.
The representatives are making counter offers and it falls on deaf ears with the leaders of WPB. Firefighters are attempting to negotiate with the city James & Johnson) refuse.
The meeting split and city employees and IAFF leaders went to separate rooms and I was not allowed to hear negotiations for about 20 minutes when both sides met again, minus James who didn’t return to the meeting.
City Administrator, Faye Johnson did most of the talking and again told the firefighters the city didn’t have the money to make a new offer, and backed up her statement with threat’s of having to lay off and/or furlough employees in order to make that happen.
In a previous story I told readers the city had collected $20 million dollars in the “Fire Fee” where is that money and what was it used for? WPB has successfully perfected the shell game with tax payers money.
The last City Commission meeting, Commissioner Lambert gave a very nice shout out to the fire dept. with her story on her new home she had recently purchased.
Seems there was a very powerful storm, in the middle of the night when she and her husband were awakened with the thunder and lightning that brought down power lines which lit up the sky, while power lines danced in the streets. Imagine if one of the power lines landed on someone’s home, possibly starting a fire.
Lambert dialed 911 and the fire dept. responded, and according to her eliminated the danger.
Also at the last meeting James thanked Fire Chief Matty for writing a grant (on her own time) from the DHS (Department of Homeland Security), FEMA (Federal Emergency Management Agency) The grant is for $8,007,597.36 and to be used “to hire 28 additional Fire Department firefighters”
Fiscal Note:
FEMA has waived the cost share requirement for this SAFER (Staffing for Adequate Fire and Emergency Response) grant since the submission of the application, saving the city $3,069,579.99.
City Commission approved Resolution No. 272-20.