OIG & Elliot Cohen–The Investigation

Palm Beach County Commission on Ethics: (A Joke Commission)

A complaint with the Palm Beach County Commission on Ethics (COE) was filed on Sept. 23,2015 against Communication Director Elliot Cohen for violation of 2-443(d) of the Palm Beach County Code of Ethics “by entering into a prohibited contractual relationship with a vendor of the City of West Palm Beach”

Note: The company Mr. Cohen supposedly did business with was namely Redevelopment Management Associates (RMA) run by Kim Briesmeister, who headed the CRA from 2004 until Aug. 2013 when her bid to take over WPB CRA with a budget of 28 Million dollars was approved by the city.
A note of interest:
Mr. Cohen left the City of WPB for employment in the Broward County Sheriff’s Office and when his employment was terminated he returned to the City of WPB and his application for employment named Kim Briesmeister as a reference. Cohen & Briesmeister have years of history. Coincidence? I don’t believe in them.

On April 7, 2015 the COE went through the steps and conducted a hearing and reviewed the Memorandum of Inquiry, Report of Investigation, and Probable Cause Determination, and came to the conclusion “Public Report Finding No Probable Cause and Order of Dismissal.” One page report sent to the city.

This finding by the COE should be no surprise to anyone following politics in PB County. It rubber stamps most complaints against elected officials and employees such as Elliot Cohen. The COE members are appointed by the very people they may be called upon to investigate. It is my opinion the COE is as helpful in ending corruption as an astray on a motorcycle or a screen door on a submarine. It just don’t work.

Office of the Inspector General: (Only hope residents have for clean Government)

What you are about to read are the first two pages from the Office of the Inspector General (OIG) report on Elliot Cohen former Communication Director for the City of West Palm Beach.

On September 18, 2015 the office of Inspector General received complaints involving the City of West Palm Beach Director of Communications, Elliot Cohen.

The complaints alleged that (1) Mr. Cohen disclosed “classified and confidential information” relating to the City Police Department and other local and federal agencies to the public. The complaints also alleged that (2) Mr. Cohen used his position at the City, as well as, City time and resources to conduct his private business (Cohen Publicity). The complaints further alleged that (3) Mr. Cohen had a “side job” with City contractor Redevelopment Management Associates.(RMA) After requesting and receiving further information from the City regarding the first two of these allegations, the OIG initiated an investigation.

As to the allegations 1,2,and 3 the information obtained and reviewed by the OIG supports the allegations. The OIG found that Mr. Cohen disclosed “exempt” and “confidential and exempt information”. We concluded that Mr. Cohen had an obligation to ensure that “exempt” and “confidential and exempt information” was redacted before he disclosed the records. In addition, Mr. Cohen should have done an analysis of exempt information regarding criminal investigations to determine whether disclosure would have impeded an ongoing investigation or allowed a suspect to avoid apprehension or escape detention or put police/informants in danger. Additionally, we found that Mr. Cohen did use his position, government assigned office space, desk, computer, desk phone, and cell phone to conduct his Cohen Publicity business.
Finally, we found that Mr. Cohen, doing business as Cohen Publicity, had a contract with City contractor RMA before, during, and after the City let RFQL 12-13-407 and awarded the contract to RMA.

Information obtained regarding allegation 3 as it relates to F.S.112.313(7)(a) was referred to the State Attorney’s Office and the Florida Commission on Ethics for any actions they deem appropriate (as well as any other matters of interest within this report). The Palm Beach County Commission on Ethics dismissed a (C15-021) complaint against Mr. Cohen on April 7,2016 after concluding that no probable cause existed to believe that Mr. Cohen had a relationship with RMA that violated SS 2-443(d) of the PBC Code of Ethics.

Based on the information obtained during this investigation, the OIG developed three additional allegations.

Allegation 4 that Mr. Cohen misused his official public office or employment to solicit business for Cohen Publicity.

Allegation 5 that RMA did not properly disclose its business relationship with Mr. Cohen (Cohen Publicity) to the City during the procurement process for RFQL 12-13-407.

Allegation 6 that RMA did not properly disclose it was employing Mr. Cohen (Cohen Publicity) after it was awarded the above contract by the City.

As to allegation 4, it was referred to the PBC COE, the State Attorney’s Office, and the Florida State Commission on Ethics for any actions they deem appropriate.

As to allegation 5 and 6 the information obtained and reviewed by the OIG supports the allegations. The OIG found that RMA had a contract with Mr. Cohen (Cohen Publicity) that began prior to RFQL 12-13-407 being let and the contract with Mr. Cohen (Cohen Publicity) continued for over eight months after RMA was awarded the contract for RFQL12-13-407. We also found that RMA failed to properly disclose its contractual relationship with Mr.
Cohen (Cohen Publicity) both during the proposal period after being awarded the contract as required.

Based on our supported findings in allegations 3,5 and 6, and particularly that RMA did not disclose its business relationship with Mr. Cohen (Cohen Publicity) as required, we consider that the entire amount the City has spent to date on the RMA contract, $3,205,611.78 to be questioned cost.

The OIG recommends that the City:

1. Take appropriate personnel actions.
2. Take appropriate action to ensure that City employees adhere to General Administration, Chapter 1 Policy 1-2, Public Records Request.
3. Revise written policies and procedures on outside employment requiring employees to obtain approval for leave or work schedule adjustments prior to performing outside employment during the official business day. They should be clearly communicated to city employees and documented.
4. Establish internal controls that accurately represent actual hours worked by exempt City employees.
5. Review the city’s contract with RMA in light of the findings and information provided within this report and take appropriate action.

The responses to this report from the City, Mr. Cohen, and RMA are attached. A summary of these responses with our related comments begin on page 33.

The report from the OIG is 100 pages long and can be read in it’s entirety. Go to the website of the OIG and search Recent Reports.It will be found under
9-28-16 West Palm Beach Public Records 2016-002.

Mr. Cohen had the run of City Hall before he resigned before the OIG report was made public. He was well protected by Mayor Muoio who was told constantly of his discretion’s and attitude towards City employees and residents. He allowed Mayor Muoio to “protect” him, and she did an excellent job of it. She could have been loyal to Mr. Cohen or the folks who voted her into office. I’m sorry she chose him.

The City Commissioners sit as the CRA board and oversee Redevelopment Management Associates (RMA) and they should take another look and fix the situation they created years ago. The fix was in then and if they couldn’t see it they have no right to sit as a commissioner. Commissioners Neering and Ryan were not City Commissioners at the time, and could lead the charge on the miscarriage of justice forced on residents.

One more food for thought. Under the guidance of former City Attorney Claudia McKenna the City sued the OIG over payment, basically crippling their budget and slowing investigations such as the one above. After she retired she received a contract from the City for “consultation”. Her contract calls for $4800.00/month and has been in effect since May 13,2014. So far she has received $139,200.00. One more joke played on the taxpayers. Remember this when you are asked to approve the 1 cent sales tax, as this is a reason the City needs extra funds.

Unhappy with this story? Tell the mayor or commissioners.

Coffee With A Cop

West Palm Beach Police Dept. are inviting residents to join them for a cup of coffee.

When: September 28,2016

Where: McDonald @ 2421 Okeechobee Blvd. between 8-10 AM

Join your neighbors and local officers for complimentary coffee and conversation. There will be no speeches or agenda,just a chance to get to know the officers in your neighborhood, ask questions,and discuss ideas.

I particularly like the “discuss ideas” with the police.

Do you have an idea or suggestion on how to make the streets, your neighborhood and your loved ones safer? An idea or suggestion is not useful unless it is shared with the people who can make a difference.

If you watched the news this month you heard about a shooting at a strip mall in Houston where several people were shot. A video captured the sounds and sights of residents running from the sound of gunfire, while 5 or 6 police officers ran toward the shootings.

That shooting come days after a shooting at a Washington state mall that left five people dead.
A 20-year-old man stabbed 10 people at a Minnesota mall before being shot to death by an off-duty police officer. Even when the officer has a day off, they are still on duty protecting us.

In Sept. WPB had 3 separate shootings in the Northend of the city and you can’t take anything for granted. You can no longer assume you can safely walk in your neighborhood or shop at a mall. The crazies are out there, and you never know when or where they will strike.

The residents can’t fix the problem without the police, and the police can’t fix the problem without our cooperation.

Please join the police for coffee and conversation. Your idea may change things for the better and make us all safer.

What have you got to lose?

Peace in the Streets

The City program “Peace in the Streets” continued monthly throughout the summer led by Rev. Kevin Jones who organizes and gets the word out inviting residents to join in the march in an attempt to show solidarity in a troubled neighborhood.

The City provides a police escort with a minimum of six officers to accompany the walkers, who split into two groups to cover more of the neighborhood.
We talk to the residents who are outside and ask permission to place a “Peace in the Streets” sign on their property.
We offer young men between the age of 18-24 an application for “The Mayors Initiative Program.” The City has arranged with businessmen to hire these young men in an apprenticeship position. With the amount of new construction jobs this could be a dream come true for many.

Over the summer walkers have had their own personnel police escort due to the lack of participation from residents which I admit can be discouraging when only five or six people show up to walk neighborhoods in 90 degree temperatures, until you notice many of the homes have no air conditioning. Then you take a moment to thank God for what you have and the advantages He has given you.

I admit to becoming discouraged and wondering if we even make a difference in people’s lives and then a resident offers you a bottle of cold water, another takes the time to thank you, another places a sign in their yard,a young man says he is looking for work and fills out an application. Yes, we are making a difference.

This last Thursday I arrived for the march to see 20-25 folks ready to march with us, a very pleasant surprise.
Channel 5 was present and I assume due to a relatively peaceful summer, the problems are back with a vengeance with three shootings in Sept; and they realized there was a story to be told.

I spoke with a resident who accepted a yard sign and we talked about the recent shootings when she pointed to a group of young men standing on a corner 2 blocks away.
I asked if they were gang members, and she replied yes, that’s “their” corner to sell drugs.

At a recent City Commission meeting I invited residents to join us in the Walk for Peace hoping a few more folks would attend.
A resident watching the meeting from home, named Matt Chambers, made the decision to join the Sept. walk and had the foresight to send his own invitation on his Facebook page. I saw many new faces in the crowd, and they mentioned they were from the south end of the city, and I asked them why they were walking today, and they said they read it on Matt’s Facebook page.
I credit Mr. Chambers for the turnout, and a sincere “Thank you” to him for taking the time to attend and send out invitations.

This is the difference one man can make.

The next march is to be held on 10/20/2016 at Coleman Park,1116 21st. St to start 6:00 PM.   Please join us.

One Cent Sales Tax Increase: What do you Think?

Last March the city asked voters to vote “Yes for WPB Jobs” with the signs going up throughout the city, and 68% of voters agreed, not realizing they were voting to grant property tax exemption to new businesses and the expansions of existing ones. This is exactly what government depended on, voters not being familiar with the issues.
Sneaky and underhanded but effective.

The State of Florida along with WPB,  PBC Officials, and the Public School System are hoping to strike it rich if voters allow a one cent increase in the sales tax.
Here is my opinion on why you should vote No, and I offer examples.

Lets take schools and the information below was taken from the Florida Lottery website.

“Nov 4 1986 By a two-to-one margin, Florida voters approve a constitutional amendment authorizing the state to operate a lottery for the purpose of generating additional “funds for education.”

Did the State set up designated funds for schools with the lottery windfall? No, they did not. The billions, over thirty years were placed in the “General” fund, for politicians to spend as they see fit, including taking dollars from public schools and transferring it to political friends/allies who opened for profit Charter Schools, with hundreds failing in Florida. Another slap in the face after the school failures the money was not returned, not sought, and the failed school owner is allowed, in some cases, to keep the land and building.

It’s not what you know, but who.

According to Fortune Magazine who wrote on 1/13/2016 the article states where the money went from the recent $1.5 BILLION Powerball lottery.

50% Jackpot winners=========           $750 Million
5% Administration===========          $37.5 Million
5% State General Fund========           $37.5 Million
11% Other=================           $82.5 Million
29% Education==============          $217.5 Million

21% of the $1.5 billion did not go to education, and you have to love the explanation where 11% went to “other” What is other? I believe $82.5 million deserves a better explanation than “other”.
The figures above represent $157.5 million not used for schools, and that is the report from one lottery.

“Other” is not raising teachers salaries, not building new schools, not repairing older schools, not insuring every student have books/supplies.

If you find the time to examine your tax bill for 2016, look where your taxes were spent. I offer mine as an example.
School Local================$201.08
School State================$403.61
Over $600.00 paid in 2016 for schools.

If the BILLIONS raised in the State Lottery over the last 30 years went to education, Florida would be graduating valedictorians instead of reading about “failing” schools.

A story in the PB Post written 4/29/2015. Here are a few highlights from the story. PBC, Florida School Board approved a contract for incoming school superintendent Robert Avossa, which included a base salary of $325,000.00, the highest paid in the state of Florida. Along with his salary he received $40,000.00 consulting fee for 21/2 weeks of orientation, $1,000.00 monthly stipend, a car, extra $24,000.00 annually for his retirement fund, a one million dollar life insurance policy, smart phone, computer, along with other perks brings his total compensation to $361,000.00 annually.

July 17, 2016. Story in the PB Post “Official demoted in bus crisis out-earns boss in new post” tells the story of Steven Bonino who works in a job created for him as part of his removal from his previous post as former chief of support operations and is earning $111,000.00/year.

What do you imagine the teacher who is responsible for your child 6=7 hours a day= 5 days a week earns?

At a recent WPB City Commission meeting City Administrator Jeff Green stated “Groceries” are not taxed. Mr. Green is correct.
Buy a loaf of bread and cold cuts, not taxed.
Buy a sandwich, ready to eat, Taxed.
Next time you are shopping take the time to read the sign that state what item’s can be found in a particular isle. The vast majority of the items are taxed. Next time you shop pay attention to your sales slip to see what is taxed.

Purchase a new car for $25,000.00.
Sales tax at 6% will cost you $1,500.00
Sales tax at 7% will cost you $1,750.00

Gas for your new car @ $2.25/gal. and you use 20 gal.
Sales tax @ 6% =$2.70
Sales tax @ 7% =$3.15
How many times a year do you fill your gas tank?

Family of four eat dinner at a restaurant. Bill comes to $80.00
Sales tax@ 6% = $4.80
Sales tax@ 7% = $5.60
How many times a year do you eat out?

Now lets look at the extra penny sales tax and businesses.

One story written on April 17,2016 “ex-cons defunct theater was on the list for sales tax funds” tells the story of the shuttered Prince Theater in Pahokee, which was purchased for $8,500.00 and was scheduled to receive $1.4 million dollars for a new makeover.

Despite no public vetting of the projects by government officials, county commissioners and school board members have embraced the proposal, agreed to commit $121 million to finance 23 private construction projects. Prince Theater was one such project, despite the councils assertion that each project had been “rigorously vetted.”
How many other projects slipped by and will receive tax payer dollars?

Once again I repeat it’s not what you know–but who.

 

 

New Sheriff In Town

On Aug.25,2016 I attended the Internal Auditor meeting and as usual received excellent information on city run business, which I will share with you.

 Mr Strout and his staff finished two audits namely HCD (Housing and Community Development) and the Fleet report. Two very important and time consuming audits.
This story will concern HCD.
Background:
HCD is responsible for planning, administering, implementing, and monitoring Federal and State housing programs, and is charged with administration of the City’s federal awards from the United States Department of Housing and Urban Development (HUD ) In 2013 and 2014 the City was awarded $6,552,701 and $5,254,517 respectively.
Statement of Objectives:

1}  To determine whether HCD is managed in accordance with HUD requirements and whether the City Administration exercised reasonable administrative oversight over the consultants brought in to manage the Department.

2}  To review fiscal policies and practices to ensure that drawdowns were made correctly, program income was captured, and fiscal information was properly recorded in both the City’s financial information system and HUD’s system.

3} To ensure that grant recipients met the qualifications for assistance and that all files were maintained in accordance with departmental policies.

Audit Conclusions and Summary of Findings:
1}  All four consultants hired to provide technical services to HCD, provided some services prior to the execution of their contracts and or contract amendments.
2} The City did not fully utilize processes to evaluate vendor performance.
3}  Community Redevelopment Associates (CRA) did not have adequate staff on site to manage its engagement.
      NOTE: Not to be confused with Kim Briesmeister’s City’s CRA. 
4}  The vendor selection process needed improvement.
5} A few files did not contain all required documentation.
A breakdown of the Conclusions and Summary Findings of the IA report.
 1}  CRA was paid $95,829 prior to the execution of a contract pricing amendment FY 2014. After reviewing the summary of paid invoices provided by the Finance Department, it was determined that CRA was not paid in accordance with their 2014 contract amendment. The fee for one program was contracted at a total payment of $13,224, which equates to $1,102 per month. Historically, these programs were paid on a straight-line monthly basis. However, in 2014 the vendor was paid on an accelerated payment schedule of $2,171 per month, nearly double the contractual rate.
 The contractor was subsequently terminated effective June 1, 2014. As a result of the termination, there were a series of contractors brought in to assist HCD staff, until a new director was hired in November 2015, namely Armando Fana, Director of HCD, and his Administrator Assistant Jennifer Ferriol, and a staff of 12.
The August 25 meeting I heard many accolades concerning Mr. Fana and Ms. Ferriol, and the turnaround in the department. Mr. Fana stated he could not have done it without Ms. Ferriol and she stated she could not have done it without her staff. No glory hounds here, but credit for all. 
On June 17,2016 a story was posted titled “The Report Is In” and was the IA report on the Procurement Dept, and the many problems that occurred within due to a staffing problem, and apparently a lack of interest from Deputy City Administrator Miller who oversaw the department.
Note:  Credit must be given to Mayor Muoio who changed procedure and now has HCD reporting to her office, bypassing Deputy City Administrator Dorritt Miller who oversaw the department and it’s many former problems. Remember the story in the PB Post two years ago

 

Live in WPB—Stay Healthy—Or Pay Up

I am going to bring to your attention dates by underlining them, please pay attention to the year.

Item #11 on the Agenda for the  WPB City Commission Meeting  held on  July. 8, 2011.

The city passed Resolution No. 190-11 establishing fees to be charged for the emergency medical transportation services provided by the West Palm Beach Fire Rescue Department. Below are the fees the city charges.

West Palm Beach effective October 1, 2011 Rates

ALS1   (Advanced Life Support 1)   $700.00
ALS2  (Advanced Life Support 2)   $750.00
(Specialty Care Transport)   $850.00
Mileage Fee $12.00 /mile  (If you live 1.1 mile from hospital you will be charged $24.00)
Waiting Fee $35.00   1/2 hour
Response to DOA   (Dead on Arrival)    $350.00.
Late Fee $3.00 / Month.

WPB City Minutes on item # 11
Commissioner Robinson asked questions regarding the fees and collection rates; Mayor Muoio noted that they did not have the rates before today, did not want to be the highest in the County; suggested matching Ft. Lauderdale rates; Commissioner James commented on collection rates for PBC and they were higher. Commissioner Moss asked if the level of service would remain the same. After discussion, it was decided that the City wanted to match the rates of Fort Lauderdale, and not be the highest in the County. Motion was made by Commissioner Moss, seconded by Commissioner James, to approve Resolution No. 190-11 as amended, and thereafter it was voted as follows: Ayes: Commissioners Moss, Moffett, James and Robinson. Commissioner Mitchell was absent. Motion therefore carried unanimously.

See how easy it is for City Government to pick your pockets.
Item # 13 on WPB City Agenda for May 27,2014

The city passed Resolution #133-14 which in part reads:

“Appropriating additional funds from the line of credit with JP Morgan to the construction budget for 3 fire station’s mentioned below.

#5 for change orders in the amount of $650,000.00.

#4 for change orders amounting to $2,360,000.00.

#8 for change orders amounting to $2,250,000.00.

The original project budget for #8 was $2,750,000.00, which included the shell construction, and did not take into account FF & E (Fire Fighters & Equipment) Shell construction means $2,750,000.00 was spent for a slab, roof, and 4 walls. Good deal for the contractor & not the taxpayer. The additional $2.2 million will be needed for dorms, restrooms, redesign 2nd. floor bunk rooms, computers, telephones, and contingency.

The mayor’s “staff” recommended the above be approved and City Commissioners did just that.
In my opinion the Commissioners should approve no project until they have the total cost of the project, meaning the cost of buying and clearing the land, pouring the slab, building the 4 walls, placing and covering the roof. Now let’s move inside. Framing the rooms, adding the electricity, water, cable and phone lines, adding sheet rock then painting inside and out. They should know the total cost of purchasing everything needed to insure the fire department has all equipment needed to run efficiently. Equipment needed would be Fire Engines, trucks, cars, personnel salary, benefits & uniforms, telephones, computers, beds, bed linen, furniture, refrigerators, stove, microwave oven, coffee maker, dishes, glasses, silverware, pots & pans, sinks, toilets, floor covering, landscaping. The items above and more go into building and furnishing a new fire dept. The city should receive a minimum of 3 bids, with a penalty clause for not completing the job on time.

A resident and senior citizen complained about the $700.00 transport charge at a City Commission meeting held 7/5/16 after he became ill and was transported to a local hospital. The resident mentioned the city collected approximately  3 million dollars in both 2014 & 2015.

I placed a PRR (Public Records Request) for the dollar amount the city received from 2011 through 2015. Below are the figures the city supplied

Figures City sent me

FY 10/11 2,034,461.86
FY 11/12 1,956,560.31
FY 12/13 1,911,861.02
FY 13/14 1,886,757.58
FY 14/15 1,873,849.88

Total $9,663,490.65

I questioned the figures, recalling the resident stating 3 million received the previous 2 years. I sent another e-mail asking how they arrived at those figures. Response below.

“In response to your request for additional information on the fire fees, attached is the document sent to me from Finance.”
I received the same figure amount as reported above in a different format.

Below are the figures supplied by a city employee who asked to remain anonymous.

FY 2012 2,723,993.00
FY 2013 2,357,994.00
FY 2014 3,144,304.00
FY 2015 4,034,342.00
FY 2016 3,365,000.00
—————————————
$15,625,633.00        Difference $5,962,143.00

Why is the Finance Dept. not reporting the true numbers? This is a windfall for the city and it targets the elderly, the residents most likely in need of an ambulance.
Obama Care has people on Medicare paying more out of pocket for health care which include higher deductibles for hospital stays, test, specialists and prescription medications. What Obama Care doesn’t take, the city of West Palm Beach found a way.

Your tax bill is due and please note you will pay an additional $25.00 for WPB Fire Service. How many more millions has this brought the city?

The Report Is In

The city’s Internal Auditor’s report on the Procurement Process is complete and will be presented to the City Commissioners for their approval.

The city of West Palm Beach’s Procurement Department is under the responsibility of the Deputy City Administrator Dorritt Miller, in the procurement of goods, services and construction of the highest quality at the most reasonable cost through fair and open competition. Its primary responsibility includes:

Determining procurement methods
Facilitating solicitations
Monitoring the Small Business Program
Monitoring Consultants Competitive Negotiation Act (CCNA) Procedures
Developing Procurement Policies and Procedures

Number of Purchase Orders Issued:

FY 13/14                                FY 14/15

1,871                                      2,109

Value of Purchase Orders Placed:

FY 13/14                                   FY 14/15

$77,189,758                             $195,934,846

The Procurement Department is responsible for issuing solicitations, conducting/ attending pre-bid and proposal conferences, reviewing responses and facilitating the contract award process. Their primary goal is to ensure a fair and competitive solicitation process. In other words they purchase everything from scratch pads to new police cruisers, and it’s accomplished with a staff of two Purchasing Agents two Senior Purchasing Agents and one Accountant +7 staff members who are responsible for procurement beginning with the planning stages to contract execution.

Completed Solicitations                             FY 13/14                       FY 14/15
Invitation to Bid  (ITB)                               50                                    35
Request for Proposals  (RFP)                   17                                    10
Request for Quotes  (RFQ)                       17                                      7
Quotes (Under $25,000)                           27                                    37
Invitation to Negotiate  (ITN)                     2                                      6

Here are examples of what the City Auditor and his staff analyzed, and recommendations for improvement.

Statement of Objectives::
(1) Whether the level of adherence to the Procurement Department’s formal procedures and good business practices are providing adequate management of the City’s procurement function.

(2) Whether the level of adherence to the Procurement Departments formal procedures and business practices is providing the City with reasonable assurance that goods and services are being procured at the lowest cost and ensure the highest quality.

Audit Conclusions and Summary of Findings::

(1) Procurement has opportunities to better comply with the requirements defined in its formal procedures.
(2) Procurement should improve the department’s training, monitoring, and support practices to help ensure proper supporting documentation is maintained and goods and services are procured at the lowest costs/highest quality.

(1) Opportunities for Improvement:

Criteria:
The Procurement Departments formal procedures indicate that the Procurement Department’s responsibilities include coordinating with the user of department’s prior to the issuance of a formal purchase order or contract especially in cases where technical equipment, specifications, plans, or designs are involved.

Cause:
Due to a reduction in personnel over the years, the Procurement Department has not had sufficient staff to keep up with the workload. This resulted in eliminating formal communication efforts with departments. Formal efforts for tracking user and vendor satisfaction have not been high on the department’s list of priorities.
Effect:
Not having adequate communication links with Procurement Department users could result in items not being purchased timely and needed goods and services not being available, or being purchased at a higher price/lower quality than appropriate to meet the user’s needs.

(2) Measuring Cost Savings & Other KPI’S: (Key Performance Indicators)

Criteria:
The Procurement Departments formal procedures indicate that the Procurement Department’s responsibilities include procuring goods, services, and construction that will meet departments requirements at the least cost to the city.
According to the Project Management Institute, there are several KPI for evaluating the procurement function. The following are a few of the most notable KPIs.
1. Managed Spend and Total Spend.
2. Clients Contentment.
3. Lead Time for Procurement
4. Obtaining Feedback from Sellers.
5. Productivity in Purchasing.

Cause:
Because of the magnitude of Procurement issues, some of these requirements have not been addressed.

Effect:
Without these tools, the Department does not have the means to ensure that this requirement is adequately met. If goods and services are not procured at the least cost to the City, it could result in taxpayer dollars not being economically spent.

(3) Supporting Documentation and Purchase Order Processing:

The Internal Auditors reported the following report on a sample of 42 purchase orders processed.

a. Nine (21%) of the purchase orders did not have supporting documentation showing how the city determined that the vendors selected provided the lowest price and best products/services.
b. Two (5%) of the purchase orders had only one price quote. According to formal procedures, three quotes were required on these purchase orders.
c. Three (7%) of the purchase orders did not have complete electronic documentation on file supporting how the City determined that the vendors selected provided the lowest price and best/product.
d. For one purchase order, the Letter of Engagement was signed by the vendor, but did not have the mayor’s signature.
e. One $550.000.00 purchase was for a piggyback contract of an existing State fuel contract. The procurement department did not seek any additional proposals to determine if better terms or pricing were available. See example of “Piggyback” below.

Internal Auditor testing for the proper processing of purchase orders (P.O.) and invoices noted the following
a. Nine (21%) of the purchase orders included charges that were invoiced prior to the date the PO was approved.
b. Procurement could not provide signed/approved versions for 2 (4%) of the P.O.
c. As of 1/26/16, two (5%) of the P.O.’s have not been invoiced. Procurement did not have information on why these purchase orders had not been invoiced. During our audit Procurement was able to determine the reasons for these purchase orders not being invoiced.
d. One P.O. dated 1/13/15, to Duval Ford for police vehicles was not invoiced until November 2015: Procurement did not have information on why this purchase order had not been invoiced. During the audit, Procurement was able to determine the reasons for the ten month delay.
Item C & D have me concerned, especially the new police vehicles. Did the cost escalate in the ten months since purchasing? Why was no explanation provided? Did the City sanitize the auditors report?

Conducting Procurement Seminars:

Criteria:
The Procurement departments formal procedures indicate that the department’s responsibilities include conducting Procurement seminars to aid City personnel in understanding the operations of the Procurement Dept.

Cause:
the Procurement department has a limited workforce. Developing, scheduling and presenting seminars have not had the highest priority.

Effect:
If Procurement seminars are not conducted, it could result in City personnel not being aware of and not following department policy and procedure.
Maintaining the City’s Vendor Database:

The Procurement Department does not have formal written procedures for maintaining the city’s vendor database.
Please see “Demand Star” below.

Criteria:
Procurement Departments formal procedures indicate that the department is responsible for the input and maintenance of the vendor database and supplier list information in Oracle.

Cause:
At one time an individual was tasked with maintaining the vendor database. However, that person left the city, and no one was assigned to take over the day-to-day responsibility. IT also lost the person who maintained the database for the IT Dept. Over time the performance of this task was discontinued.

Effect:
the risk associated with vendor relationships include the facilitation of fraud schemes and/ or poor vendor performance, resulting in taxpayer dollars not being economically spent and managed.

                                                  Who is Marcum?

Marcum is the outside auditor with a five year contract to inspect City Records, as mandated by the State of Florida. Marcum’s contract has expired, and the State will not allow any vendor to re-apply, once the five year contract has expired. Smart, a new set of eyes will be used. A new vendor must be found. Each meeting I have attended, a representative from Marcum was also present, and each meeting had a complaint concerning the difficulty in obtaining city records in order to complete an audit.

The Internal Auditing dept. is missing one committee member due to his relocating to another city approximately 6 months ago. The city needs to replace him sooner rather than later. I personally want that extra set of eyes on the city.

The Internal Audit Dept. is short an employee due to her resignation after the birth of her second child.
Mr. Strout mentioned he found a replacement who has relocated to WPB from Nassau County N. Y. where she was the Audit Manager for 30 years. Sounds experienced to me, and hopefully the City Commissioners will not drag their feet in making her an offer.

The Auditors report mentions numerous time the Procurement Dept. is short staffed. I can only imagine the effect it has on employees and the difficulty attempting to keep ahead of the work load.
After the meeting I spoke with Mr. Frank Hayden, the Director of Procurement, and asked him the total number of employees who reported to him. His answer was 12. I then asked how many was needed to have his dept. run efficiently. His answer 15.
This is the dept. that is responsible for millions of dollars for purchasing goods, services and construction.
With the responsibility Mr. Hayden has, why does the Deputy City Administrator, Dorritt Miller deny him the staff needed to do the job?

                                                      “Demand Star”

This is a purchasing program recommended to the City. As you read above the City recently ordered new Police Cars. The city advertises in the P.B. Post and letters sent to car dealerships in the area.
Demand Star would reach hundreds of car dealership in Florida while describing exactly what the city needed, and what equipment was to be installed. The city would receive hundreds of bids. A win for the city.
                                                     

                                                           “Piggyback”

The city made a $550.000.00 purchase for a fuel contract, which was piggybacked on a contract of an existing State fuel contract. In other words we paid what the state paid for a gallon of gas. Here’s my objection to “Piggybacking”

First you have to assume the State made the best deal possible.

Now, say I own Sandy’s Shell and I have a fundraiser for Mr. Smith, who is running for political office in Tallahassee. I help raise $300,000.00 for his campaign. He’s elected. The State needs to purchase gas for State auto’s, trucks, State Troopers cars. You know what I’m going to do? I’m going to remind Mr. Smith what I did for him. What are the chances I receive the contract?

I’m beginning to understand why Mayor Muoio refuses to have the Internal Auditors Report televised on Channel 18. What residents don’t know—wont hurt them.

Commissioner Neering & Ties That Bind

Com Neering

I have witnessed how difficult it is for the city to have kids attend any type of program that would benefit their lives. Hard to get the word out, harder to draw them in.

Commissioner Cory Neering, understanding the problems with the youth in the Northend of the city had an idea. He gathered friends and acquaintances met with them over the course of a few months and Cory and 15 volunteers had a plan emerge. Now to put it into action.

The program was given the name “Ties That Bind” and it involved middle school children ages 12-15, an extremely vulnerable age.
Commissioner Neering approached the Roosevelt & Conniston Schools and the children were invited to attend.
Did they go? Yes, 61 children attended.

The program was held in the Tabernacle Missionary Baptist Church on Saturday May 14 between the hours of 8:30 am – 1:30 pm.

There was a dress code and young men were required to wear a suit or sport jacket and bring a tie.

The program began with breakfast. Commissioner Neering gave an opening statement, then it was down to business.

The children were put into groups of 15 and they discussed the 4 topics below for approximately 30 – 40 minutes each then moved to the next topic.

Law Enforcement Encounters
Communication Skills
Decision Making/Conflict
Goal Setting, Entrepreneurship

The main complaint of the children were fear of the police. There were two police officers who attended and the interaction between the two was telling. There was roll playing and the police explained the importance of respecting the officer if they were stopped and questioned. Both the police and children had a better understanding of the role each played. It was an excellent exercise.

The mentors, which included business men, explained how important appearance was when applying for a job. Your hair should be cut, your clothes should fit, no baggy pants, you should be polite and respectful when being interviewed.
The fifteen men who volunteered their time to listen and teach this group of children are to be commended for a job well done.

Many of these young men come from one parent homes, and it’s generally the mom who is at home with their children. Things that are taken for granted such as teaching your son to tie a tie is lost on many. All 61 children with the help of their mentors learnt to wear a tie. I can only imagine how many young men still stand in front of a mirror practicing their new found skill.

When it was all over, they broke for lunch, with everyone eating together,the conversations continued. More questions asked and answered.

A young man, active in politics, asked Commissioner Neering if he objected to him approaching the City Commissioners of Boynton Beach and request they bring his program to their city. Commissioner Neering gave his blessing.

Many of the parents who attended with their sons thanked Commissioner Neering, and it is my understanding he still receives e-mail praising the program.
Commissioner Neering is holding another program in early October, date to be announced, and will once again reach out to the school children.

All this because Commissioner Neering had an idea. What a concept

Parks & Rec. 3 of 3

City Internal Auditor Imogene Isaacs who resigned after 22 years of devoted service to the city, after she was accused of leaking a story to the Palm Beach Post in 2012 concerning the Redemptive Life debacle is when I became interested in the audit department.

In 2013 the city hired a new Internal Auditor namely Roger Strout and that is the year I started attending the Audit Committee meetings along with three other residents.

We received notice of meeting’s via e-mail of date-time-and location–every month.
The City changed the meetings to quarterly (as required by the City Charter) and that is when the e-mails stopped notifying us of upcoming meetings, probably in the hopes we forget. Some did.

Along with Mr. Strout and his staff there are 3 Members-At-Large (All volunteers with background in accounting and the alphabet following their names) Their terms are staggered, and when their term ends they are invited back. The fourth member is the “Mayors Designee”

One Members-At-Large was named Harvey Caspari who in my opinion was the most intelligent member of the team. He asked very direct questions and if he was unhappy with the response or lack of, he was a bull dog and kept at it until he got the answers he needed. There was no fooling this guy. When his term ended, he was not invited back.
Another member is the “Mayors Designee” named David Rosenstein who has been a member since the Mayor appointed him, and will be there until the Mayors term ends.
I have listened time after time as Mr. Rosenstein question Mr. Strout on the number of audits he does and the length of time he spends on them. Here’s what I learned.

The audit dept. cannot do an audit until it receives documentation from the departments it is auditing. And there is the problem. It takes weeks, and in some cases months, before the needed documentation is released to the auditing dept. It seems Mr. Rosenstein should be asking City Administrator Jeff Green, who oversees city departments, why it takes so long to release the needed documentation.
I have heard excuses such as the person is on vacation, we are short staffed and other varied excuses. This is the main reason audit’s take so long.

Now would be the time to remind residents the City Internal Audit Dept. is the only dept. under the control of the City Commissioners.

When the Park & Rec. audit was completed a copy was sent to Mayor Muoio, City Administrator Jeff Green, Deputy Administrator Dorritt Miller, Assistant City Administrator Danielle Slaterpryce, Director of Parks and Rec. Leah Rockwell., and finally Director of Finance Mark Parks.

At this point the audit dept. waits for a response from the people mentioned above to receive feed back. This may take weeks to receive a response.

Audit Committee meeting scheduled for Feb.25,2016 was rescheduled until March 24,2016.
May 26,2016 meeting has just been moved to June 9,2016. Is this extra time needed for the city’s to sanitize the auditors report?

The Auditors report has found.

(1) Performing Background Checks:

One time volunteers are not background checked.
Regular volunteers, including athletic coaches, are not fingerprinted;instead a national search is performed based on the volunteers social security no.
No record is kept on who participates as a group volunteer and they are not background checked.

The city has a relationship with Prime Time which provides the city with volunteers, and it is their responsibility to run a background check on these individuals, however Park & Rec. does not obtain copies of the background checks.

According to the US Dept. of Justice National Sex Offender Public Website(NSOPW) 62,939 cases of child sexual abuse was reported in 2012.
Makes you rethink sending kid’s to summer camp.

Cause: The Dept. budget does not support the added expense of performing Level 2 fingerprint checks on volunteers.

Effect: A person with a questionable background could potentially obtain access to a child or vulnerable adult.

(2) Documenting Background Checks:

The Department was unable to locate six (6) of the nine (9) files requested or sixty seven percent (67%)

Cause: The Dept. does not have policies and procedures in place related to maintaining background check records.

Affect: The dept. inability to locate requested files for background checks may indicate they were not performed, possibly exposing children & vulnerable adults to individuals with questionable backgrounds.

It is my opinion the world runs better with volunteers and it only takes one bad apple.

(3) Securing Cash Collections:

As part of the Park & Rec audit, they noticed cash collections were not adequately secured.

Cause: There is not always a supervisor or second employee to complete the final cash count & verification at the end of the day.

Effect: With so many staff members having access to the safes, the opportunity exists to misappropriate cash.

Among the three listed items mentioned above there are 10 other items listed where problems were found and they are.

(4) Restricting Access to the Safes
(5) Drop Safes Combination Changes
(6) Timely Deposits
(7) Safeguarding RecTrac Credentials
(8) Logging out of RecTrac
(9) Non-Cash Terminals
(10) Processing Cancellations
(11)Restrictively Endorsing Checks & Timing and Pattern of Checks
(12)Sequential Documentation

One last observation: Internal Auditors Meetings are held in the Flagler Room directly across from the City Commission Chambers. This room is equipped for televising the meeting on the City’s channel 18 for residents who have an interest in following it.
Don’t bother looking for it, you wont find it. Why? The mayor can have it televised but will not. Why? It’s really no ones business what occurs there. It’s easier to sweep mistakes under the rug and protect employees who cant or wont do the job.

Park & Rec. Part 2 of 3

West Palm Beach Parks and Recreation Outsourcing and Efficiency Analysis conducted by Management Properties
From: Management Properties
To: Dorritt Miller

Ms. Dorritt Miller Deputy City Administrator City of West Palm Beach
401 Clematis Street West Palm Beach, FL 33402
Dear Ms. Miller:

Management Partners is pleased to provide this report summarizing the results of our analysis of the Department of Parks and Recreation. We examined the department’s structure, service delivery, staffing, and operations to identify opportunities to enhance efficiency and effectiveness through outsourcing and process improvement opportunities. We have determined that outsourcing is a viable option for some functions, but the department accomplishes other functions so efficiently that outsourcing is likely to increase costs. Some recommendations may require additional investment to yield the anticipated service improvements. However, those investments will support the City’s ongoing efforts to provide excellent service while maintaining a sustainable financial position. We appreciated the opportunity to work with you on this important project and look forward to assisting you with the implementation.
Sincerely,
Gerald E. Newfarmer
President and CEO

Department of Parks and Recreation.
The Department of Parks and Recreation consists of three divisions: Recreation, Parks and Grounds Maintenance, and Community Events.
There is some evidence that the Parks and Grounds Maintenance Division within the Department of Parks and Recreation does not have sufficient resources to adequately complete all of its maintenance responsibilities.
This is due to a significant increase in workload and a decrease in staff over the past several years.

FY 2009-10, the department absorbed the Public Works Grounds Maintenance Division. As a result, the City eliminated 25.5 vacant positions and saved $1.5 million, according to the City’s budget document. Since that time however, the Parks and Grounds Maintenance Division has lost additional positions, but has had an increase in workload

2009-10 parks and grounds maintenance FTEs have decreased by 11%. Over the same time period, average workload has increased by 24%.

CONSULTANT FOUND DEFICIENCIES IN THE MANAGEMENT OF PARK AND Recreation.
Originating Work Orders:
1- Maintenance chiefs receive work orders from at least 11 different people in various City divisions and via four different methods, including by phone, verbal requests, email, and through MainTrac. When receiving requests outside of MainTrac, staff does not enter many of the maintenance requests into the system.
RESULT: Loss of valuable information about workload, cost, and time to complete the work. In addition, there have been issues about service requests for events. For example, for one special event, maintenance staff did not supply the event workers with electrical cords due to a communication error. In another example, an error in scheduling for hanging banners caused the use of overtime. The department can avoid miscommunication by requiring the use of MainTrac to initiate work order requests. This will increase efficiency, reduce costs, and reduce incidents of rework.
Recommendation: Require staff to initiate work order requests through MainTrac to improve the work order process.

2- Assigning Work Orders and Their Priority: Currently, staff members initiating work orders in MainTrac are able to choose the work unit and priority of work orders. However, these staff members often assign work orders to the wrong division or incorrectly classify the priority. The maintenance chiefs then reroute the work to the correct unit and reclassify the priority.
RESULT: This causes unnecessary delays in completing work order requests due to administrative rework on the part of the maintenance chiefs.
Recommendation: Route all maintenance requests through the Parks and Grounds Maintenance Division secretary who will request priority assignment from maintenance chiefs.

3- Recording the Close-Out of Work Orders: Maintenance staff currently use a paper form to provide information about closed work orders. Staff delivers these forms to the maintenance chiefs who then enter the information into MainTrac.
RESULT:This practice can create rework and increases the likelihood of data entry errors. In addition, maintenance chiefs do not have the time to enter all written worksheets into MainTrac, resulting in a loss of data.
Recommendation: Require maintenance crews to enter completed work order information directly into MainTrac. This will reduce possible transcription errors and free up valuable time for the maintenance chiefs.

4- Training Staff to Become More Effective Users of MainTrac: Some Parks and Recreation staff who use the MainTrac system are not aware of its full capabilities, which inhibits the most effective use of the system. If the City invested in additional training, it would ensure staff learns how to properly use the MainTrac system and more fully exploits its functionality. Training will provide the proper support for staff to adopt, customize and use the system.
Recommendation: Invest in additional training for staff including maintenance chiefs, secretaries, and crew leaders to support the use of MainTrac and reduce manual work tracking.

Collecting Sufficient Data: Staff indicated that the maintenance work order worksheets (from which such as the full cost of staff enters data into MainTrac) do not capture important information, completed work and time spent on work orders.
RESULT: Without this information, management cannot determine the total cost for work orders, projects, and the amount of time to perform work. The lack of data negatively affects the City’s ability to charge accurate fees. For example, the City charges fees for event permits. However, the Department is unable to capture the true cost of an event due to the incomplete work order data collected.
Recommendation: Incorporate full cost and time data for work orders into MainTrac.

5- Underutilizing MainTrac System Components: The Department of Parks and Recreation owns the Inspection and Results Module of MainTrac, but does not use it. The Inspection and Results Module enables the user to automate inspection work and has mobile capability. According to Vermont Systems, this module enables the user to: • Process inspections in real-time, • Customize inspection forms, • Trigger work orders for failed inspection items, • Schedule inspections, and • Track and store inspection data, including notes and photographs. Currently, Parks staff complete inspections of parks facilities on a scheduled basis and after visitors complain about a park or facility..
Recommendation: Use the Inspection and Results Module and the Job and Task Maintenance Scheduling Module from MainTrac.

6- The department also owns the Job and Task Maintenance Scheduling Module from MainTrac, but does not currently use it. This module enables the user to schedule and plan work duties and assignments. According to Vermont Systems, the module provides the following capabilities: • Schedule employee work duties, • Schedule routine jobs/work duties, • Distribute work orders, • Estimate job/task completion times, • Create individual and crew schedules, • Produce schedule log sheets, • View current schedule calendars, • Schedule jobs at any time, and • Schedule equipment and materials.
Currently, the department does all work scheduling and tracking manually. By using the Job and Task Maintenance Scheduling Module management could schedule crews and equipment more effectively. The system could also produce reports that show work calendars and job tasks.
Recommendation: Use the Inspection and Results Module and the Job and Task Maintenance Scheduling Module from MainTrac.

7- The report above consists of 89 pages including graphs. The City has ordered and paid for a computer program named “MainTrac” which I am told was expensive, but worth the money.

CONCLUSION It appears most of the program is not used. Why?
ANSWER: No one knows how.
Parks & Rec. is overseen by Dorritt Miller, one more department with multiple problems which has continued for years.

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