City Worker Loses Job Over Pot.
Want a law passed that voters will find acceptable it better be worded just right to insure passage.
The lobbyist stepped up and here’s what voters were told. People suffering from Cancer found that marijuana was a tremendous pain/stress reliever.
Our American soldiers coming home suffering from PTSD (Post-traumatic stress disorder) and marijuana helped relieve the overwhelming stress/tension they felt.
So what were the magical words used to legalize marijuana? Medical, Medical, Medical marijuana.
Florida voters approved a measure legalizing medical marijuana in 2016. The word Medical was enough to get their foot in the door and the law on the books.
Soon after the voters approved Medical marijuana the City of WPB Mayor & Commissioners met and approved opening a marijuana shop on Clematis St. which of course was recommended by staff and a new business was formed. Double click pic. to enlarge.
“US cannabis industry’s economic impact could hit $130 billion by 2024.” Read the entire story below.
https://mjbizdaily.com/chart-us-cannabis-industrys-economic-impact-could-hit-130-billion-by-2024/
The lobbyist did a great job, and look how we have grown in a few years. It really is all about the money.
Below are excerpts from the PB Post written by Tony Doris and the entire story can be read below. My comments in Italic.
“West Palm employee learns the hard way: You can still get fired for smoking pot even if you have a medical marijuana card”
WEST PALM BEACH — “Shortly after noon on Feb. 4, Jason McCarty went to his car in the city hall garage.
The city’s deputy chief of Information Technology wanted to buy his co-workers lunch — it was a birthday, for one of them — but he’d left his wallet in his car, so he took the elevator up to retrieve it while they stood downstairs.
When he went to take the elevator back down, two other city employees passed by, walking out.
He seemed “anxious and avoidant,” one thought. As the two Risk Management staffers continued into the parking area, they caught a whiff of pot near McCarty’s car.
That impromptu smell test led Safety Officer Tim Scott and Risk Analyst Alexis Galvan to report McCarty to city management without delay.
And no, he didn’t grab a quick hit in the garage, he insisted. As he divulged before taking the urine test, he smoked at home the night before for anxiety and insomnia, rather than take a sedative that would leave him groggy the next day. His elderly mother is extremely ill and he has been unable to sleep, said his attorney, Russell Cormican Jr.
“The next day McCarty, a 50-year-old father of two, a five-year, $121,000 employee without a ding in his record, was banished from city hall. His days of keeping city computers running come hurricane or COVID were over.” In my opinion James found a way to cut staff from the budget without laying off people. Remember the uproar when it was suggested layoffs were needed to balance the city budget?
“A city spokesperson said West Palm Beach has caught five employees violating its substance abuse policy since 2019. All five were fired.” The five fired also helped balance the budget and was the first year of James term as Mayor.
“City updated its marijuana workplace policy in January”
Medical marijuana isn’t illegal under Florida law. But as of Jan. 28, 2019, the city updated the policy, “given the conflicting information in the public sphere about the use of marijuana in the workplace”
“The use of marijuana by city employees, including medical marijuana, with or without a prescription, is prohibited” and a prescription is not accepted as a valid explanation for an employee’s positive drug test result, the paragraph states.”
“Another potential defense for a lawsuit: In Cormican’s view the policy violates Florida civil rights law because McCarty didn’t violate state law. Also troubling, he said, is that the city policy seems to contradict itself, and at the least is obtuse rather than transparent, indicating one thing higher up in the policy and burying the update at the bottom.”
“Jason McCarty got plenty of support from his co-workers
Five co-workers, including those who waited below while he ran up to his car, submitted letters of support for his personnel file.”
If you have time to read the story, letters written by Mr. McCarty’s co-workers can be read in the story, and I fear for their jobs as in my opinion the city can be extremely vindictive.
“Medical marijuana use has been legal in Florida since 2017 for specified conditions, including cancer, epilepsy, glaucoma, HIV/AIDS, amyotrophic lateral sclerosis (ALS), Crohn’s Disease, Parkinson’s, multiple sclerosis, chronic nonmalignant pain, post-traumatic stress disorder and comparable conditions.
In 2019 the Florida legislature repealed its ban on smokable medical marijuana.”
That was all it took. Suspicion.
A heavy heart, a puff of marijuana and Jason McCarty lost his job in a wisp of smoke.”
The city receives federal money and are required to follow Federal Government rules and the fed’s are poised to decriminalize marijuana, so what the city has done to Jason McCarty does not pass my smell test. I would love to see all WPB elected officials receive random drug testing.
Legalizing marijuana will put drug dealers out of business. Right? Wrong! Look for a spike in cocaine and heroin laced with fentanyl coming to a neighborhood near you.
Below is the PB Post story.
https://www.palmbeachpost.com/story/news/local/westpb/2021/03/25/medical-marijuana-user-fired-west-palm-beach-city-hall-job/4754584001/
Along with the city’s water bill a flyer was enclosed with a suggestion “Plant a Tree for you and me” The city is giving free trees to residents, but there not really free. Don’t forget your permit.
“Application fee: Single family residence– $25.00
Multi‐family residential and /or non‐residential ‐ $50.00
IMPORTANT: The application fees indicated above provide for the removal/relocation of one (1) tree–an additional fee of $5.00 (per tree)will be charged for each additional tree proposed to be removed/relocated.”
Take one city tree and plant it in your yard without a permit and the fine will be 4 times the cost of the permit or $100.00. Love the play on words. Went from Permit to Application
The end
Do you need a permit?
Information below is from the City of West Palm Beach website.
“Do I need a permit?
The most likely answer is yes, but there are exemptions. As a best practice, you should email us and ask. Include your property address and describe the scope of work of your project in the email. An associate will respond to you as soon as possible with an answer and how to proceed. If you are unsure, do NOT start work. If you commence work without a permit you may be responsible for penalty permit fees.”
A permit is now needed if you change out your air conditioner or water heater. See the application here: AirConditioningChangeoutFo
Want to plant or remove a tree, you need a permit. See the application here: TreeAlterationPermitApplic
I recently had my AC unit replaced and my AC guy told me I needed a permit. I said “since when” He replied “since the new city administration.” I checked and he was correct, I needed a permit.
Here is what readers should be aware of.
My permit for a new air conditioner unit.
Value of unit: $3,850.00
Permit fee: $132.27
Penalty for no permit: $529.08 (4 times the cost of original permit)
A neighbor of mine was recently cited for installing his AC without a permit. Due to Corona Virus he hasn’t worked for the last 6 months.
The swale is the area between the city sidewalk and the city street, and this area belongs to the city.
You are allowed without a permit to mow the grass, and fertilize to keep it looking great. If the grass has a fungus and the sod must be replaced the cost belongs to the homeowner not the city.
I don’t know what other changes the city (James) has made concerning permits, but if you are in doubt call the city or you will be penalized.
The city (James) has placed code enforcement under the umbrella of the WPB Police Dept. I have been told, but could not verify code enforcement does not work weekends when homeowners take advantage and working without a permit. As you are aware the Police Dept. work 24/7 365 days a year.
When residents receives their water bill there is an insert included. Why wont the city include changes they have made concerning permit changes, instead of going for the gotcha.
I can’t wait to see how James finds other ways into our pocket.
NewDay Coming to WPB
The previous story “WPB to Receive Windfall” Mayor James stated.
“Mayor Keith James said during the pandemic the city experienced revenue losses of $7 million and spent about $2 million on testing, PPE and overtime. He said the city is $10 million short of its projected 2021 budget.”
The story by Alexandra Clough, Palm Beach Post, wrote a very informative story on Mortgage lender NewDay USA, and may explain why as James has stated the city has a shortfall of $10 million.
Below are excerpts from the story, and the entire story can be found below. The city did not release the name of the company and I’m betting they didn’t want people to google NewDay USA and learn about their record. The company’s identity was revealed by the Palm Beach Post last month.
“Mortgage lender confirms expansion to West Palm Beach, will bring 600 jobs; company’s average salary is over $90K”
“Mortgage lender NewDay USA on Tuesday confirmed plans to create a headquarters in West Palm Beach, bringing 600 new jobs in one of the largest corporate deals to land in Palm Beach County in years.”
“The NewDay USA location is a second headquarters for the mortgage lender, which originates refinance mortgage loans guaranteed by the Veterans Administration. The company is expected to maintain its Fulton, Md., offices.”
“In recent years, the company has tangled with national and state regulators of mortgage loans, on issues ranging from cheating to loan churning.The company surrendered its license in New York state in 2015 after it ran afoul of regulators for cheating on exams.”
“Rob Posner, chief executive of NewDay USA, said in a statement that the area was attractive because of its large population of veterans.”
“Last July, Posner paid $19.8 million for a home at 230 N. Ocean Boulevard, according to Palm Beach County property records.” It appears to me Posner was guaranteed a warm welcome 8 months ago when he purchased his Palm Beach home. James was mayor at the time.
“In recent years, NewDay’s business practices have netted the company heightened scrutiny, and sometimes action, from federal and state regulators of mortgage loans.”
“In 2015, New Day Financial, which does business as NewDay USA, was ordered to pay a $1 million penalty to the New York Department of Financial Services. The company elected to surrender its mortgage banker’s license to do business in the state. “
“This action came after NewDay USA employees, including senior executives, engaged in a scheme to cheat on state-required continuing education courses and exams, Housingwire.com reported.”
“Earlier that year, the Multi-State Mortgage Committee, a group that coordinates state systems of mortgage regulation, announced a settlement involving 43 state mortgage regulators and NewDay.”
“In 2018, NewDay and another Department of Veterans affairs lender also were temporarily restricted from participating in a Ginnie Mae mortgage-backed securitization program due to loan churning, which is a form of refinancing in which the borrower appears to benefit but does not. Although an interest rate might be lower, the fees attached to the deal can increase the overall loan amount, meaning it could take years for a homeowner to reap any benefit from a refinance.”
“Housingwire.com reported that the move was part of the federal agency’s effort to control a rise in mortgage lenders that were aggressively targeting service members and military veterans for quick and potentially risky mortgage refinances.”
“The West Palm Beach Community Redevelopment Agency recently approved $1.8 million for the training of new hires at NewDay University.”
The WPB City Commissioners act as the CRA board and why did they approve a $1.8 million tax payer dollars for training new employees (600) at the NewDay University? Mortgage lender NewDay USA has opened a university, and the taxpayers will pay to train their new employees. Good deal for NewDay, not good for WPB taxpayers.
This deal is right up there with James & commissioners who approved a new contract with PSC Securities which rose from $8.9 million to $9.5 million dollars. When James was questioned about the increase his response was the cost of living increase was due to increase to $15.00/hour. WPB taxpayers paid to increase paychecks for PSC employees.
Good deal for PSC, not good for WPB taxpayers or the WPB Police Dept. who has worked without a new contract since Sept. 2020.
WPB to Receive Windfall
President Biden signs $1.9 trillion COVID-19 relief package.
Frankel said West Palm Beach will receive about $25.3 million.
Mayor Keith James said during the pandemic the city experienced revenue losses of $7 million and spent about $2 million on testing, PPE and overtime. He said the city is $10 million short of its projected 2021 budget. Hear the press conference below.
WPB will receive a windfall of $25.3 million which eliminates the $10 million shortfall for the 2021 budget, leaving $15.3 million dollar.
I have a suggestion. The city settle with our Police and Fire Fighters with a new contract, and fully staff both departments. No excuses now.
Pembroke Pines Police Dept. is hiring and offers:
$5,000.00 sign on bonus for non-certified applicant.
$10,000.00 sign on bonus to any Florida Certified Officer.
The benefits are generous.
Have to wonder why our first responders stay with a city where it’s city officials cant /wont give them a decent wage and benefits. Click the ad to enlarge then hold the control button while tapping the + button.
What is the WPB Police Foundation?
Equipment, Technology and Training
Each year the Department discovers needs for equipment, new technology or training seminars which haven’t been budgeted or were rejected due to budget constraints which would be useful to aid the Department’s crime prevention efforts. In such cases, the Department comes to the Foundation to request possible assistance. See their web page here: https://www.wpbpolicefoundation.org/
Reporting for duty
How many times have you turned on the news to see an elderly person who has “wandered” away from home, or kids went missing? Can you imagine the panic these family felt? The police are called and Moose and his 2 legged partner are on the job finding “lost” people.
I hope residents never have use of Moose, but it’s comforting to know he’s here thanks to the Jimmy Rice Center who generosity donated the blood hound to the WPB Police department in October 2020. Double click to enlarge picture.
3/8/2021 City Commission meeting
Resolution No. 39-21 accepting donations from the West Palm Beach Police Foundation canine equipment and of safety helmets and underwater flashlights for the Dive Team, totaling an approximate value of $12,000.
Background:The West Palm Beach Police Foundation is forwarding a donation of canine training equipment they received from Crazy Tuff K9 Gear (Peter Swart). The equipment has been approved by the Police Department Canine Trainers and would help to keep expenses of the canine unit closer to earlier years, despite the increased number of dogs and handlers. The retail cost of the training equipment to be donated is approximately $6,500 ($600-$650 in equipment per dog). The Foundation also received a directed donation from Justice for Kids, a division of Kelley Kronenberg, in the amount of $2,500 to assist with the expenses of retrofitting a vehicle for the Jimmy Rice Foundation sponsored bloodhound. The Foundation also became aware of um-met needs of the Dive Team and committed to purchase essential safety gear required for the team. The Foundation purchased underwater flashlight systems to assist with nighttime or dark water searches and has reimbursed a purchase made by the City to provide safety helmets for the newest of the Dive Team vessels. The safety gear has a total value of $2,905.40 ($940 for the helmets and $1,965.40 for the underwater light systems). A revenue account has already been established to accept authorized donations from the Foundation. Fiscal Note:The donations have an approximate value of $12,000.
A private company, Crazy Tough K9 Gear, a “mom & pop” small business located in WPB has donated some smaller equipment like leashes, toys, and harnesses. They are now developing their own brand of K9 ballistic armor and have offered vests for all police dogs. The city has received new 4 legged police officers and they will need the K9 vests to keep them safe. This is “Loki”, he’s a one year old Belgian Malinois, and currently in training for patrol, tracking, and explosive detection. Double click the picture to view this handsome boy. Loki is 1 of 4 new police dogs.
I have learned the K9 medical kits are due for replacement, a new “bite suit” officers use for training is 15-20 years old and they are in need of a new one. K9 dog vests are also needed. As you have read these 4 legged hero’s depend on donations from people and organizations for all their needs.
When these dogs are up for retirement they can be adopted out, but their 2 legged partners never give them up and they retire in the comfort of the home they shared with the officer who trained and loved them.
If you want to help please send donations to
WPB Police Foundation
P.O. Box 851
West Palm Beach, Florida 33402
I leave you with a poem: The Life Of A Police Dog
Author – Unknown
You brought me home One sunny day With you for years I would surely stay.
I met your pack Children and wife I began to love My new-found life.
I slept on your couch At the foot of your bed You looked at me lovingly While petting my head.
We trained for months And our bonding grew We were both partners Buddies in Blue.
We did school demo’s And I never did wrong Over all of the years My love for you grew strong.
How I loved to work To stand up and bark In the back of our car From light until dark.
We went call to call Having fun all the way Until the call came On that one fateful day.
A man with a gun The dispatcher did say I jumped from my car When it pointed your way.
Before leaving home I was told “keep him safe” by your wife I knew at that moment For you I would give my life.
The bullet struck hard Steady and true The bullet struck me instead Of striking you.
When you go home tonight Tell your wife I did good Strong, Tall and Proud On the ground that I stood.
I’m dead and gone now This much is true But I’ve done my job well Of protecting you.
Thank you Loyal partner, Faithful friend, You will be greatly missed.
As Usual, Dirty Politics in WPB
Carona Virus
According to the NY Times “The U.S. first identified cases among travelers who had flown in from Wuhan, China, in the middle of January. Officials worked to contain them. There is some evidence that the virus began getting a bit of traction around the end of January.”
The USA has been suffering for over a year as the country shut down, businesses close, people losing their jobs, school closing, children paying the price.
Millions of Americans standing in line for hours in the hopes they will be tested to see if they are infected with the virus. I witnessed hundreds of automobiles lined up on Haverhill Rd. hoping to be tested at the ball park. Many were tested until they ran out of test kits only to return and once again wait in line, always hopeful.
West Palm Beach, Florida
Thousands of residents depend on public transportation to move around making it impossible to drive to a testing site, or the sites are not located around their neighborhood so walking miles isn’t an option.
Thousands more don’t own a computer making it impossible to make an appointment until a group of young men & women reached out to help the elderly and others.
I live in a community consisting of 187 homes and the majority of residents are people of color. We are all concerned with the Carona Virus and I have no knowledge of how many residents have been tested. My home is located in District 2 and we will soon be voting for a new City Commissioner. Either Deandre Poole or Shalonda Warren will represent us.
Skipping ahead.
THE MISSION:
“The mission of the Mayor’s Task Force for Racial and Ethnic Equality is to identify and help address issues of racial/ethnic equity through education about racial and ethnic inequities, research of best practices, and issuance of policy/funding recommendations to address racial/ethnic inequity in the City of West Palm Beach.”
“The Task Force is in line with Mayor James’ vision of working to create a “Community of Opportunity for All”, whereby any citizen can achieve their dreams in West Palm Beach.”
KEY ISSUE AREAS:
“Criminal Justice, How can West Palm Beach build racial/ethnic equity regarding the criminal justice system, including policing?
Education & Workforce Development, How can West Palm Beach build racial/ethnic equity regarding education and workforce development?
Finance, Banking & Industry, How can West Palm Beach build racial/ethnic equity related to wealth-building, banking, business development and jobs?
Health: How can West Palm Beach build racial/ethnic equity regarding health access and healthcare
Real Estate & Housing: How can West Palm Beach build racial/ethnic equity related to housing and real estate?”
You can read the entire Mission Statement here: https://wpbequalitytaskforce.org/
I don’t need to inform readers of how bad it was in 2020 as we have lived through it or I should say most of us. Over 30,000 have died of the virus in FL. and the number keeps growing.
Dec. 11,2020 the U.S. Food and Drug Administration (FDA) authorized the first COVID-19 vaccine for use in the country and government states who will receive it and when.
Happening Now:
Everything you have read so far is leading to the latest story and information I have received and I want readers to be aware of.
Andros Isle: District 4
Double click flyer to enlarge.
A gated community located in the western section of the city with 912 homes and approximately 1,800 residents.
Ms. Shalonda Warren, CEO of Sickle Cell Foundation, managed to sponsor a Carona Virus testing sight in Andros Isle. The message to residents reads.
Sponsored by Shalonda Warren, a candidate for WPB City Commission.
Free testing for Andros Isle residents only. (proof of residency required)
2/27/2021 9:00 AM to 1:00PM Appointment required
FYI: Mayor Keith James resides in Andros Isle, and endorsed Ms. Warren for City Commission.
Here is a question for Ms. Warren. Why didn’t you arrange this testing in District 2 where many residents look like you and the mayor? 1800 residents that will bring you some votes.
If you had to go outside your district why not in other areas of the city where people of color struggle to be tested? How about Roosevelt Estates or Pleasant City. Again I repeat myself where most of the residents look like you and the mayor.
Here is a question for Mayor James. Did you organize the Racial and Ethnic Equality in order to start campaigning early for your re-election as Mayor? I remind you of the key issue Health: How can West Palm Beach build racial/ethnic equity regarding health access and healthcare?
Why Andros Isle, why not a black community, and who is paying for the tests?
District 4: City Commission. Joe Peduzzi running for re-election and is being challenged by Jonathan E. Jones. I am receiving emails from Mr. Jones and he’s telling me “Elected Officials” have failed the city over State Road 7 extension. Personally I am upset with Mayor and Commissioners for spending millions of taxpayer dollars fighting the extension for years.
Yesterday I received another flyer telling me “Elected Officials” have failed the Police Dept. and Firefighters for not coming to an agreement on a new contract. Mr. Jones is 1/2 right “Elected Officials” have failed the Police Dept. and Firefighters and it hasn’t been the commissioners but Mayor Keith James who has failed both departments with his take it or leave it attitude.
Both the Police and Firemen have endorsed Peduzzi for re-election. They know they have his support.
We want To Hear From You=Joke
I attended the City Commission meeting held on 2/22/2021 and was interested in 4 items on the agenda, items # 4, 9, 10 and 17 and here is is the outcome of the meeting and includes information on items #3 ,5, and 6. Below is the final agenda for the meeting if you are interested in reading it.
https://www.wpb.org/Home/ShowDocument?id=3060
At the start of the meeting Mayor James asked the City Administrator, Faye Johnson if there were any changes to the agenda, and Johnson replied # 4 was pulled, meaning commissioners would not vote on the item, and no discussion was needed. The City Commissioners unanimously approved items 3, 5 and 6.
# 3. City Commission approval is requested for appointment of Kevin Volbrecht and Cristine Perdomo as a member to the Palm Beach Transportation Planning Agency Technical Advisory Committee.
# 5. City Commission approval is requested for the Mayor’s reappointment of Ms. Bonni S. Jensen to the Golf Course Advisory Committee.
# 6. City Commission approval is requested for the Mayor’s appointment of Christopher Chase to the West Palm Beach Housing Authority.
# 4. (pulled from the agenda) City Commission approval is requested for the Mayor’s reappointment of Dr. Deandre J. Poole to the Criminal Justice Advisory Committee for a term of two years (2) that expires on March 8, 2023. Dr. Poole has served over the maximum allowed number of terms (3), and it is required that the City Commission confirms his reappointment. Agenda Cover Memorandum No.: 23219.
Dr. Deandre J. Poole is running for District 2 City Commission seat after Commissioner Cory Neering chose not to seek re-election. Keith James has endorsed another candidate and although Mr. Poole has served for 6 years on the Criminal Justice Advisory Committee and was to be reappointed for another 2 year year term, James has decided to pull item # 4 from the agenda.
Why would James pull the item? I can only think of one reason he didn’t want to highlight any of Mr. Poole’s accomplishments.
The city allows residents to speak on any item for 3 minutes and I submitted cards to speak on item 9 & 10 which can be read below.
9. Resolution No. 219-20 authorizing the assessment of city liens in the total amount of $36,593.58 for unpaid water service, sewer service, and stormwater service charges for the month of May 2020.
Background: In accordance with the Code of Ordinances of the City of West Palm Beach, Florida, 2003, Sections 90-4 and 90-5, the City imposes liens on private real property for delinquent payments due for utility services. The liens to be assessed by Resolution No. 219-20 are for unpaid water service, sewer service, and stormwater service charges for the month of May 2020. The list of properties to be assessed and the associated charges are in Resolution No. 219-20 as EXHIBIT A – Utility Lien List – May 2020. If not paid, these liens may be foreclosed by the City.
I asked James if he was going to foreclose on these homes because people were unable to pay their water bill, then I just waited for an answer that never came.
10. Resolution No. 36-21 authorizing the assessment of city liens in the total amount of $27,010.60 for unpaid water service, sewer service, and stormwater service charges for the month of August 2020.
Background: In accordance with the Code of Ordinances of the City of West Palm Beach, Florida, 2003, Sections 90-4 and 90-5, the City imposes liens on private real property for delinquent
payments due for utility services. The liens to be assessed by Resolution No. 36-21 are for unpaid water service, sewer service, and stormwater service charges for the month of August 2020. The list of properties to be assessed and the associated charges totaling $27,010.60 are in Resolution No. 36-21 as EXHIBIT A – Utility Lien List – August 2020.
If not paid, these liens may be foreclosed by the City.
#10 was basically the same with only the month and dollar amount changed. James refused to allow me to speak to item 10 and when I protested he asked for an opinion of City Attorney Kim Rothenburg and I honestly didn’t hear her reply due to her mask, and I emailed her.
“At last nights CC meeting James would not allow me to speak to item 10 and when I protested he asked for your opinion which you gave. Unfortunately wearing a mask I did not hear your response. Could you please let me know what you said?
“Sorry you were unable to hear me. I will be sure to speak louder next time. I will listen to the tape and let you know exactly what I said, but my recollection is that I advised the Mayor that public comment for the consent agenda could be limited to three minutes based on the rules adopted by the Commission relating to public comment.”
When she finished I asked James if I could speak to item 10. He said no, I was done. What’s the next step for James, figure out a way to eliminate public speaking altogether?
Mayor James answer’s to no one, listens to no one and never explains his actions. Is WPB a strong mayor form of government or a dictatorship?
If the people who say they support Deandre J. Poole actually go to the polls and vote WPB is one step closer to healing.
Deandre Poole receives two key endorsements from the Hispanic community.
Police Can’t Catch a Break with James.
On 2/11/2021 I attended negotiations between the City and the FOP (Fraternal Order of Police) and what caught my attention was the topic of “take home cars” and I walked out with more information that I will share with readers thanks in part to FOP Vincent Castiglia, Florida Labor Council / Staff Representative. Jose-Luis Rodriguez, Chief Human Resource Officer represented the city and both sides were respectful of each others opinions.
Months ago I learned the Police Dept. switched from the PBA to the FOP and questioned the move. A little history below.
For over 20 years the Police Dept. was represented by the PBA (Police Benevolent Association) and members voted overwhelming to switch to the FOP because membership felt they were ignored by PBA County and their leadership.
Within the PBA, chapters can not make decisions for themselves without the County’s
involvement or approval. There have been many times over the years that the County leadership made decisions in direct opposition to the vote of their membership. Appears to me the PBA interest was more concerned with the city than it’s membership.
The FOP is organized differently, in a bottom-up format. The FOP is a member driven organization and is the oldest and largest police union in the country. The local membership and leadership make decisions for themselves and the members have a vote.
The issue regarding the take home vehicles. The city has recently taken a stance that they will not cover an employee who is operating a city vehicle “portal to portal” meaning to and from work if they are at-fault in a crash. This is based on a court case from about 2014 “Garcia vs Hollywood” which set a bad legal precedent. In that case, the Hollywood officer was represented by PBA. Mr. Castigila was making the point, case law will not change until it is challenged in court, and should the time come, FOP is willing to do so. Unfortunately, until then cities will use this case law to their benefit if they believe it suits them.
Currently, WPB Police have take-home vehicles (marked and unmarked). This is a benefit to the city as much as the employee. There are numerous fleet studies that show a take-home vehicle program is more cost-effective because the vehicle isn’t continually being operated and there is a sense of ownership to the officer. These vehicles are essentially the officer’s office on wheels so they take care of the vehicle and it lasts longer in the fleet. The other benefit is a quick response to incidents for which officers are called out from home. These can range from a detective responding to a crime scene, a K9 handler being brought in to conduct a track/ search, or specialty units like SWAT, Bomb Squad, etc. Without a take-home vehicle program, officers would have to respond from home to HQ (head quarters), load their vehicle and then respond to the scene accordingly.
There are several problems with this approach. As far as detectives, the main concerns are evidence protection and witnesses.
Patrol officers respond to scenes and hold it until the arrival of the detectives who assume the investigation. The detective is the subject matter expert who then makes decisions on how the scene is processed and evidence is collected.
Timeliness of their arrival is extremely important especially when the scene is outdoors.
Timely response by units such as SWAT is simply a life-saving issue. The quicker these specially trained officers can respond to a scene, the quicker they can take action. Who doesn’t remember the Pulse nightclub shooting in Orlando. Are you aware the Pulse nightclub shooter originally surveilled City Place as a potential target?
Officers currently pay the city a fuel surcharge for the use of the take-home vehicles. This is calculated on a sliding scale. The amount increases as with the number of miles until it reaches the max 40-mile limit. This was put in place around the time of the 2008 market crash and the high fuel prices. The city calculates the 40 mile radius “as the crow flies” from police HQ. They completely ignore the fact when the officer crosses the city limits, they are technically on duty and have a duty to act.
In new negotiations the city has suggested officers obtain a rider to their personal insurance policies to cover the operation of the city vehicles. The problem is, there very few insurance companies that will issue these riders. These can be very expensive and the officer has to move their personal vehicle/ property to these companies for coverage. The insurance company will not issue the rider solely for the city vehicle because the officer does not own it. Based on the experiences of officers from around the state, even with the rider when a claim is made to the insurance company they deny the claim and states the officer was operating an emergency vehicle and has a duty to act at any time. The officer is then placed in between the insurance company and the city. Eventually, the insurance company of the party whom he collided with will then file a civil lawsuit against the officer.
The city covering police cars has not been an issue until lately. It has never been an issue
through several city administrations. The exact reason for the change is unknown, but in my opinion James is abusing his authority once again.
For this fact, most agencies have agreed to cover the officer “portal to portal”. It is kind of the cost of doing business, and they are simply seeking the city to do the same for our officers so they can do their jobs and serve the city.
At the recent meeting the city represented the issue to be much bigger than it really is. The vast majority of crashes involving police vehicles are while the officer is in performance of their duties…..ON DUTY. The number of off duty crashes, in which the officer is at fault are small, and I can’t believe Mayor James is treating our police officers in this manner.
A comment was made about parking the police cars, and not taking them home if the city doesn’t agree to cover the officers, the union will recommend the officers not participate in the take-home vehicle program and cease the fuel surcharge deductions. This is the only way to limit the potential liability the city is exposing the officers to by not covering them. Additionally, there is not enough parking to store all the police vehicles so there may come a time when the public sees Clematis Street lined with marked police vehicles. Hopefully they wont get to that point.
While I am writing about police cars are you aware the police department is going to be forced to take approximately 20 vehicles out of the fleet this year (2021) due to being contractually obligated (age of vehicle/ mileage) to do so.
There are no replacements for these vehicles because the city denied a capital improvement request made last year for the purchase of the replacements. As a result, officers will be “hot seating” cars meaning they will operate the vehicle for their 11.5 shift and then hand it off to the officer relieving them who will drive it for his/her 11.5 shift. This 24 hour operation of these vehicles will certainly reduce the lifespan. The vehicle problem only gets worse in the coming budget year when another block of vehicles will have to come out of the fleet and there is an existing shortage.
WPB is currently 18 of 22 police agencies in PBC, earning lowest paid in dollars and benefits.
The other agencies are very small cities & PBC School Board. WPB is currently significantly behind smaller cities with smaller tax bases. This is the result of many years of ignoring the issue and allowing the police dept. to deteriorate. As a result the city has a serious recruiting & retention problem. The pay issue makes it very difficult to attract the best candidates. Many have been passed over by other agencies and our police dept. are becoming a training ground. Young officers are gaining experience while looking for a better paying job with another city or PBSO, and who can blame them if they are risking their life for us don’t they deserve to be paid properly? This issue then leads to other issues like staffing. When they can’t recruit, they can’t staff properly. Short staffing then leads to management being forced to pay overtime or order officers to fill patrol shifts (paid in OT).
Remember the PSC Security no bid contract with the city for $7.9 million dollar that resulted in a law suit and the city was forced to send it out for bid? No surprise PSC won the contract again, only difference the new contract was for $9,045,086,50 and when asked about a million dollar increase James stated the cost of living was being raised to $15.00/hour and the taxpayers paid to raise PSC staff wages, and now the city’s police officers are with hat in hand asking for a decent salary and benefits.
The WPB Police Dept. contract ended on Sept. 30, 2021 and they continue to put their lives on the line for us for going on 6 months, while James with the aid of City Commissioners gave taxpayer dollars to PSC.
James wants the police to add their police vehicle to their private insurance while he takes advantage of taxpayers by having the city purchase his Chevrolet SUV. Taxpayers pay the insurance, and James receive a $500.00/month gas allowance.
Our police officers deserve better.
City’s Monkey Business
It began with the 1/25/2021 City Commission meeting where 2 Resolution’s were discussed.
Item #4 “Resolution No. 3-21 authorizing the assessment of city liens in the total amount of $41,600.11 for unpaid water service, sewer service and storm water service charges for the month of October 2020.” Last line states “If not paid, these liens may be foreclosed by the city.”
The city can take your home, put you and your family on the street which adds to the homeless population and are subject to a $500.00 fine or 60 days in jail if your caught urinating of dedicating in parks or city streets. The city (James) claims the city is not criminalizing homelessness.
Item #8 “Resolution No. 347-20 Finding that property located at 630 5th. St. is not needed for city purposes, declaring the property to be surplus, and authorizing the conveyance of property under the Housing Assistance Incentives Program to Neighborhood Renaissance, Inc. for the development of a single-family home in the Historic Northwest Neighborhood.”
Resolution No. 22-21 approving a conveyance and Development Agreement and award of development funding to Neighborhood Renaissance, Inc. in a sum not to exceed $96,500.00 for the construction of a single-family home located at 630 5th. St. The total cost to develop this property $307,074.00. The City’s financial contribution to this project shall not exceed $96,500.00.” Can’t help but wonder where the city found the money. There have been to many homes owned by the city that are being sold as surplus, and I asked the question at the recent CC meeting if these homes were foreclosed on for non-payment of the water bill. I waited so long for an answer my 3 minutes ran out, and I never did receive a response.
Item #12 “Ordinance No. 4924-20 An Ordinance of the City Commission of the City of West Palm Beach, Florida, approving the sale and conveyance of city-owned property located at 225 Monroe Drive to 225 Monroe, LLC. authorizing execution of a sale and purchasing agreement for $450,000.00. The City received (5) offers to purchase City-owned property located at 225 Monroe Drive ranging from $405,000.00 to $499,900.00.”
The City accepted a sale price of $450K when they could have had a sale price of nearly 50K more. The City’s reasoning 225 Monroe, LLC has performed historic renovations on several properties including Park Slope Town and Courtyard Homes a 14 home new development. In addition 225 Monroe, LLC received the 2020 City of WPB Historic Preservation Award.
Smart move by the city to present the award, kind of locks then into receive more properties to renovate. City claims they have the experience to do a good job. OK, but how does the city know what a different company, offering more money, can do if they aren’t given the opportunity?
And how about the city give us the name of the company that has done all the renovating never mind the moniker 225 Monroe, LLC.
If Monroe, LLC acquires another property, say at 10 Smith, will that be known as 10 Smith LLC?
These properties are located in Commissioner Lambert’s district and I can’t help but wonder if the company her husband works for Wantman Group (WGI) is working behind the scenes in some capacity.
The City Commission meetings are televised and saved so residents can view the meeting at any time after they are posted. The 1/25/2021 meeting was handled differently. A reader called and asked why the meeting was not posted on line. I checked and the only part of the meeting residents could view was the last 5 min. of the meeting when James spoke about city business. The entire meeting along with resident and City Commissioners comments were eliminated.
On Sunday (1/31/2021) afternoon the entire meeting was posted.
I left the meeting (my bad) when it came to the Commissioners comments so I missed Commissioner Peduzzi request the city post an upcoming meeting concerning the State Rd. 7 extension which took place on Thursday 1/28/2021, a meeting I didn’t attend because I didn’t know about it. If it was posted on the city website I would have been advised and definitely would have attended. Obviously the mayor didn’t want a showing of residents, while Peduzzi wanted the city to act in the sunshine. I checked previous meetings and the State Rd. 7 was not listed on the city website.
Below is the only part of the meeting residents were allowed to view of the 1/25/2021 City Commission Meeting.
Below is an excerpt from a story reported by channel 5 and the entire story can be read below
“Two new workshops are scheduled Thursday to redesign the controversial State Road 7 extension project in West Palm Beach.
The extension of the road in the western area of the city has been a point of contention for years, leading to a lawsuit by the city and millions in legal fees to stop the construction.” Read the story below.
Another meeting not posted on the City website:
The WPB Fire Fighters are scheduled to go before the Special Magistrate sometime in February, and not being sure of the date I inquired and received the information below.
“The impasse hearing is currently scheduled for the 3rd and 4th of February, however the City is claiming that the hearings are not required to be public and therefore did not notice the public accordingly. The union has requested that the Special Magistrate issue an opinion. If he is not willing to do so we will seek an opinion from an Attorney General. If that happens, it is unlikely the hearing will proceed on Wednesday but the question has be asked, “why is the city afraid to have the hearing out in the open for all to watch?” The firefighters welcome the public and hope as many as possible are able to watch via Zoom.”
I have attended Special Magistrate meetings and it always concerned code violations with the city and homeowners and couldn’t understand what role they would play in negotiations with a new FF contract, so I asked another question and received the response below.
“Impasse hearings are governed by he Public Employees Relations Commission (PERC). PERC provides a list of Special Magistrate that both the city attorney and union’s attorney reviewed and chose one together. The Magistrate is suppose to be a neutral party, the cost of which is split between the firefighters and the city. There is also a rating system so the lawyers were able to see how often this particular magistrate sides with the unions versus the city. That being said, with the issue surrounding the attempted private hearing could force the selection of another Special Magistrate.”
“We have also put together a website to outline the issues that we are facing an seeks the publics support in our fight with the City. Check it out and let us know what you think. http://wpbfirefighters.com
Most things never change except the city has hit a new low with their attempt to keep the public at bay by not posting meetings.
UPDATE: 2/3/2021
The Special Magistrate ruled in the favor of the Fire Fighters, ruling the meeting MUST be made public. One win for the good guys/gals.
The end.
WPB Fire Emergency
You hope it never comes to your neighborhood, but eventually it does. You have an elderly neighbor who becomes ill and taken to a hospital, discharged after a week and sent home. All is well again, until it’s not.
This happened in my neighborhood and after being discharged from the hospital my neighbor became to weak to walk and slept on the couch his first night home.
The next morning his wife and son found him on the floor and being unable to lift him called 911. Of course the WPB Firefighter/ Paramedics responded as always.
My first observation was Captain Dylan Michelini, Drive Engineer John Wilson and Firefighter Stephanie Rosario all arrived wearing masks while the family were mask less. I realize at a time like this they are in panic mode and face masks are the last thing on their mind. I mention this for the sole reason of pointing out how dangerous their jobs can be.
The equipment came out and his vitals were checked and the family was advised all were good, and transport back to the hospital wasn’t needed. Then came the above and beyond the call to duty.
Captain Michelini made numerous suggestions such as remove the area rugs due to a tripping hazard, and also to acquire a seat walker to assist my neighbor being able to be more independent and his fear of falling. When the 2 men lifted him Firefighter Rosario placed her feet in front of his feet to prevent him from sliding forward when he was lifted and placed on the coach. Another suggestion was have him sit on a chair as the couch was low and harder to life himself up.
These three Firefighters took the time to insure the family understood the process of keeping their husband and father safe. A typical day in the life of a Firefighter, but extremely stressful for the family.
I recently attended the meeting between the Police and the City in their negations for a new contract. They advanced as far as the Firefighters did. Both contracts expired Sept. 30,2020, and soon it will be 4 months without a new contract, pay raise or benefits.
The city skyline is alive with cranes putting up new buildings and the City Commissioners just approved $1.8 million to add an additional 600 jobs to downtown. Are we growing at fast rate? I checked and here’s the answer.
With a 2020 population of 112,852, it is the 19th largest city in Florida and the 263rd largest city in the United States. West Palm Beach is currently growing at a rate of 0.80% annually and its population has increased by 12.94% since the most recent census, which recorded a population of 99,919 in 2010. WOW! Guess what hasn’t grown? The WPB Fire and Police Departments.
Police Dept. Remember the $7.9 million no bid contract for PSC Security Guards? In the end PSC received the contract for $9,045,086.50. When James was questioned on the increase of over one million dollars he claimed the cost of living wage was to increase to $15.00/hour. OK, so why are the taxpayer paying the increase? Should the owner of PSC be paying the increase from their profits, and not the taxpayer’s pockets? That is the reason our police officers are having difficulty gaining a new contract. James preferred giving our dollars to PSC rather than the police officers who guard the city.
Fire Dept. James claims we have new fire trucks and stations and that’s a good thing and I thank the City Commissioners for voting approval but what the hell are new stations and fire engines good for if we don’t have men/women to manage them?
Is Mayor James even aware of the low morale in both departments? Does he care? Does he feel responsible? No, he doesn’t. Why does he do the things he does? Because he can, who’s to stop him?