Point Of Order!

An assault on the public in public meetings is getting to be common place and It needs to cease. The responsibility is on Mayor Muoio to run the meetings in an orderly fashion and put an end to this strong arm tactic on members of the public and city staff.  She holds a strong mayor’s position as Mayor and CEO of the city and should be in charge of the meetings and exercise her authority beyond the general public and call for order on commissioners who are taking It upon themselves to beat down public speakers when they disagree with the content of their speech.

What must be understood is, the public approaches the podium, when invited to do so by the mayor, to express their feelings, not yours commissioners! Apparently public sector jobs are not very clear to some commissioners and who they actually work for. In the city’s June 9th CRA Public Meeting, Commissioner Materio called out a private citizen who had just finished his public comment, because she disagreed with his expression. She called the speaker to attention and asked the mayor If she could respond, in the middle of the public comment period. The answer, from the mayor, should have been “no” and for her to wait until the public speakers are finished. Of course, that didn’t happen.

The speaker returned to the podium and Commissioner Materio proceeded to tell the speaker how his comments were wrong and how she does not appreciate him placing blame on the commission. Her colleague, Commissioner Mitchell verbally agreed with her and called the same speaker out by name, reminding him of his criticism of the commission. The speaker tried to defend his comments but was stopped by the mayor, telling him he can’t respond. If the speaker can’t respond, why is It necessary to call them back?  Mayor Muoio sat there and allowed that bully tactic to take place and she is just as wrong for not controlling the meeting, as the two commissioners who were out of line. In Monday’s, June 30th Charter School discussion, Commissioner Mitchell called out a private citizens name, who was sitting in the audience, asking him, did she hear him say something that wasn’t pleasing to her. Completely inappropriate even according to the city’s own problematic  civility and decorum code.

Commissioner Mitchell’s actions were wrong and instead of her apologizing to the mayor for the outburst, she should have apologized to the individual she abused.  The mayor needs to exercise full control over the meetings and impose order on everyone! The mayor and Commissioners have ample time to talk as much as they want and should never, ever interfere with a public speaker, just because they disagree with something said.  They say they don’t comment during public comment but they do, when they hear something they don’ like. Neither the mayor or commissioners have any business responding to a public speakers comment unless It’s on their own time and not the public’s time.

Speakers who are speaking for three minutes under general public comment are interrupted and chastised, based on the content of their speech. Private citizens who are sitting in the audience are also called out and challenged by these elected officials, right from the dais and the mayor is quick to stop the victim from responding to this uninvited and embarrassing hostility. This type of unethical behavior is, not only unbecoming of public officials but has the potential to discourage the general public from participating in their public meetings, for fear of public reprisal.

Public officials should expect ridicule because scrutiny comes with the territory of public office, just as many benefits comes with public office, compliments of the public. Even though there are only two commissioners who have made a habit of  beating down the public and staff that they disagree with, the responsibility falls on the entire dais to speak out against abusive behavior, regardless of who It is.   Point Of Order!

They Won’t Stay Gone.

It appears once again the residents lose due to the irresponsible running of the city by Mayor Muoio.

It’s a shame that Claudia McKenna’s services to the city, was so unreliable that the city commission hired their own attorney, again at taxpayer’s expense, to give them advice, on an as needed basis because they didn’t trust the advice they received from the City Attorney.

Claudia McKenna’s contract with the mayor is not in the best interest of tax payers and any public money spent by elected officials is supposedly for the benefit, and best interest of residents. Every failure of the city for the last twelve years or so has happened under Ms McKenna’s legal watch.

Ms. McKenna should have advised the city about Digital Domain with all of the evidence of failure available on any computer search engine. Google would have told the story of John Textor and Digital Domain, and saved the taxpayers well in excess of 2 million dollars.

Ms McKenna sat on that dais as the mayor and commission violated the First Amendment rights of public speakers, by turning off the microphones, having residents removed by the police, commissioners voting to remove residents from public meeting, and the mayor even threatening residents with arrest, simply for mentioning a commissioner by name, without Ms. McKenna once intervening.

Ms McKenna advised the city commission that it was proper to refund $7,325.00 to Commissioner Kimberly Mitchell for her abuse of power in her Comcast issue. The Office of Inspector General, which investigated the issue, and found it to be improper. On Sept. 27,2013 the OIG wrote their 4 page letter to the Mayor, and outlined their reason for their finding, with a recommendation 1: “The city commission should be re-presented with all of the facts in order to make a determination as to whether or not the reimbursement of legal fees totaling $7,325.00 to Ms. Mitchell met the legal standard.” 2: “If the city commission determines that the legal standard for reimbursement was not met, the City should move to recoup those funds” Mayor Muoio’s response was one line We will take it under advisement. To hear more on this issue, please read the story found on this web-site titled “WPB Officials Disrespect OIG” Hear City Attorney Claudia McKenna, challenge the OIG, and spend over 42 minutes saying absolutely nothing over and over again. Also take the time to listen to Commissioner Keith James, who is up for reelection in March 2015. He feels he owe’s no one an explanation, including the OIG. All 4 commissioners, Robinson, Moffett, James, and Materio, said they voted for reimbursement because they were following City Attorney McKenna’s advice. Listen to them and judge for yourself.

City Attorney Claudia McKenna led the charge against the OIG in a lawsuit, in my opinion to cripple Ms. Steckler’s budget and halt investigations. The lawsuit is still ongoing, but maybe with Claudia McKenna’s supposed retirement things will change now that there’s a new sheriff in town.
Ms. McKenna’s duty was to advise city officials and protect the city from liability and in my opinion, she was derelict in her duties as a city attorney. What benefit does the public receive from paying Claudia McKenna $4,800 per month? I see no bebefit at all.

WPB Slow To Keep School Children Safe!

For too many years WPB Resident, Mr. Cleveland, has appeared before the mayor and city commissioners with a simple request. Please install a blinking warning light at the Pleasant City Elementary School, located at 2222 Spruce Avenue, to inform drivers they are approaching a school area, and school is about to be adjourned, and the speed limit drops to 20 MPH.

The last response from the city to Mr. Cleveland was that a GRANT was coming in 2015 and a light would be installed at that time. In the mean time we can pray the children cross the street safely. For residents not familiar with the Pleasant City School, it is attended by African American children located in a crime ridden section of the city, a few blocks south of the celebrated Northwood Road and within one block from St Ann’s Center for the homeless and one block from the city’s problematic Blum Park.

Here are a few of the mayor and city commissioners priorities, and where taxpayer dollars are spent:

District 1 Commissioner Sylvia Moffett: The CRA (city) has for over 5 years, spent, and continues to spend $12,500.00 a month for a Wine & Cheese Festival held monthly at Northwood Village. Over the years it has cost the taxpayer over $750,000.00 dollars.

District 2 Commissioner Robinson: Travels behind Holland & Knight, a lobbyist firm, who has a contract with the city for $144,000.00 a year to represent us with the ” League of Cities.” and the “National League of Cities” The commissioners placed $10,000 in the 2014 budget for travel and with the budget year just beginning Commissioner Robinson and James have spent over 1/2 the budget on one trip to Seattle, Washington, and have no qualms spending $400.00 a night for an “Executive Suite” in hotel’s.

All five city commissioners receive $500.00 a month “Car Allowance” (some call it a slush fund) and when Commissioner Robinson travels to Orlando for a League of Cities convention for the day, he bills the city $100.00 for gas and tolls. This expense is always approved by assistant administrator Dorritt Miller. What is the “car allowance” used for if not gas and tolls?

District 3 Commissioner Mitchell: Made a recommendation that $25,000 be placed in a fund for lobbyist, in the 2014 budget meeting “because they work so hard” I guess a contract of $144,000.00 a year isn’t enough. I assume Commissioner Mitchell is referring to Holland & Knight and not her mother Anita Mitchell, a lobbyist, and recently elected PBC GOP chair, or her ex husband, Mr. Pinsky also a lobbyist. I hope the city will not funnel tax payer dollars to any lobbyist.

Commissioner Mitchell along with WPB Mayor Muoio, is pulling out all the stops to bring a Charter School to WPB. Residents are upset with this idea due to the fact that the city does not do well with “schools” and taxpayer dollars. Commissioner Mitchell brought us the deal of the century with John Textor’s Digital Domain. If you recall, that cost the taxpayer over 2 million dollars, and untold thousands more to reclaim land that was worth an additional $10 million dollars which the city gave to Textor. Commissioner Mitchell, arrogantly claimed she would do it all over again, which apparently she meant with the talks now turning to charter schools. Commissioner Mitchell, claims the charter school is to help ” the poorer kids in depressed areas receive a decent education” and never mentions the millions it will take from already failing public schools and put those millions into the cities “for profit” charter school. This writer believes it’s the money and not education of “the poorer kids in depressed areas” that drives this project, but the dollar signs in Mitchell’s eyes.

District 4 Commissioner James: Read District 2 as these 2 commissioners travel together to these conventions. Commissioner James had the audacity to present a bill for $845.56 to the city for attending a convention for the Florida League of Cities held in Hollywood, Fl. which is located approximately 50 miles from WPB, but opted to spend over $350.00/ night for 2 nights stay in a motel, along with 3 meals a day plus taxpayer dollars for gas, tolls,and valet parking.

District 5 Commissioner Materio: Was instrumental in leading the city to purchase a piece of land in the south end for $2.9 million dollars, for the purpose of purchasing land to keep Wal-Mart out of the south end. The 2.9 million was NOT in the city budget for the year.

With the millions of dollars spent by the WPB mayor and city commissioners as stated above, they have not, for too many years, cannot find a few thousand dollars to place a warning light to keep young children safe who are being released from school by slowing down traffic to 20 MPH. The very children they profess to care about and want them to receive a good education, they cant find the money to keep them safe while crossing the streets. It is time for the city politicians to stop telling residents they love them and start showing them.

When residents cant be bothered to address their elected officials, by attending meetings or in the least sending an e-mail you are letting them know their actions are acceptable to you and your children. If not you—-Who?

Some information on the “Florida League of Cities” which Commissioners Robinson & James so fondly run after spending thousands of dollars annually. This piece was taken from the PB Post dated 1/23/14, and reads in part “Clemens ethics bill draws heat” A bill filed by Sen. Jeff Clemens, D-Lake Worth. Clemens proposal (SB 606) which he says was sought by the Florida League of Cities. The bill he introduced would drastically change the tougher ethics standard for public officials passed in 2013.His bill would lift most gift-reporting requirements for elected officials & public employees; shield officials from ethics complaints if they acted after getting advice from a lawyer; and allow for penalties up to $5,000.00 against someone who files a complaint “with malicious intent “What citizen would ever file a complaint against an elected official if they could possibly have a $5,000.00 penalty placed against them? No wonder they still call us Corruption County!

Holidays Not So Happy For All WPB Residents

The City of West Palm Beach certainty jumped into the Christmas Holidays with sand sculptures, and decorative lighting making downtown and the waterfront a festive sight to behold. On December 21st It was a joy to see families with their children, and Christmas is all about the children, enjoying the sights and a visit from Santa, Santa’s helpers, elves and a moving kiddie train.

What was noticeably missing was the smiling faces of black children with very few seen in attendance. The vast majority of children, enjoying the sights and sounds were Caucasian.
The city invited all families and children to join in, so why the low attendance of black children? If you have a question, like I did, and want an answer you have to go into a black area and look for parents with children. A trip to Blum Park, 23rd. & Spruce Ave where men sit and drink out of paper bags on a daily basis, while children play on the swings and their mother’s hover over them, is where I found mothers willing to answer the question. “Did you go downtown to the Christmas festivities? All I received were “no” answers. It seems the main reason the mothers didn’t attend with their children was due to the fact they didn’t have transportation.

OK that took me back because I never thought of transportation. You don’t think when you jump into your car to run to the Doctors, Publix’s, or something as simple as lunch with a friend. There are thousands who can’t afford the luxury of an automobile.
Blum Park is located in a poorer section of WPB and is inhabited by African Americans. Children shouldn’t lose out due to the fact their parents have no transportation to drive their kids to the festivities.

Now travel back in time and consider this. The extension of State Road 7 which the city agreed to extend years ago, when an agreement was reached to allow gated communities such as Ibis (where Mayor Muoio resides) to become part of WPB. Now it seems the city is reneging on the extension, and held a rally at the South Florida Fair Exposition Center, where Mayor Muoio and City Commissioners approved 4 charter buses, paid for by the taxpayers, to take residents from 3 western gated communities to the fair grounds while one bus picked up residents at city hall, all to protest the extension.

The city of WPB have at their disposal, 5 trolleys, with 2 in continuous operation, while 3 trolleys sit parked at the garage. The residents ride, with no cost to them, on the “Yellow” line which travels to the Kravis Center, City Place, and the Clematis St. Waterfront. The “Green” line travels Railway Station, Clematis St. Dixie Highway, and Okeechobee Blvd.

These trolley’s do not venture into the poorest of poor neighborhoods, meaning black neighborhoods. The city of WPB could not free up a shuttle or 2 to take the children from these black neighborhoods to see Santa and ride the train? These African American neighborhood’s are not, and have never been, a priority to the city of West Palm Beach, or they never would have allowed them to deteriorate to the degree they have. Shame on them, and shame on the two African American Commissioners, Ike Robinson and Keith James for not doing anything to help the little Black children be able to sit on Santa’s lap and whisper to Santa their Christmas list.

What the City of WPB Don’t Want Residents To See!

Below is my comment that I read at the city commission meeting held on 11/25/13. I received an e-mail from a friend this morning and he liked my presentation, but wondered why the city didn’t show the pictures I presented but kept the camera on me the entire time.
There were approximately 10-12 residents in the commission chambers but I hoped to reach the audience watching the meeting’s in their homes.

My intention was to show the public how badly the homes have deteriorated to the point where repairs are not possible. This section of the city know as the Northwest has a large population of African Americans, many of who have given up the idea of a clean, decent place to live. Other residents still hoping for a city to recognize them have created a “Wall of Freedom” and residents have written their thoughts and thoughts of other’s such as Martin Luther King in order to keep hope alive. Hopefully you will take time to view the pictures. Below is the statement that was read to the mayor and City Commissioners.

“At a recent CRA meeting Mayor Muoio & Commissioner Mitchell were offended by Mr. William Waters, who was representing The Urban Group, when he responded to a question “What area of the city do you see as the greatest challenge if you are selected?”

Mr. Waters expressed a feeling that the citizens in the Northwest Historic District, Tamarind Avenue and Rosemary Avenue, had not been afforded advantages to having economic access or social justice to improve their condition. He also stated, those areas have been historically left behind since the areas were developed.

The Northwest section that Mr. Waters spoke of is 5/10 of a mile from city hall. Lets see if the mayor and commissioner had reason to be offended. (SHOW PICTURES)

The city did not cause this blight, but this city is responsible for allowing a section of the city to develop into what it has become by ignoring the problem and allowing it to continue.

Is the CRA plan to eventually take this property as the city did with the property of homeowners in another section of the Northwest in order to build City Place, with a large turnover of businesses and is now in foreclosure.

CRA under the direction of RMA owned and operated by Kim Briesemeister, who is responsible for City Hall 150 million, the waterfront 30 million, and the loss of 2 million dollars wasted with Digital Domain, which that loss can be shared with Commissioner Mitchell.

If this mayor and city commissioners are satisfied with RMA and Kim Briesemeister way of doing business then by all means award her the contract which she has already been told was her’s.”

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Why WPB Needs Your Taxes!

The taxpayers of WPB pay $12,000.00 a month for Federal lobbyist Holland and Knight to represent the city. Commissioners James and Robinson constantly travel to League of Cities running behind Holland and Knight, spending tax dollars and cannot tell the residents paying the tab what they have accomplished. Commissioner Robinson once reported on a trip from Washington, DC. Mayor Muoio wrote letters to Representatives Frankel, Murphy and Hastings, and none of the 3 received the letters. Frankel & Murphy have offices on Military Trail, and Hastings has his office in Ft. Lauderdale. It cost the taxpayers $5,221.57 to learn that letters were not delivered in Washington. Waste!

Commissioner James traveled to Hollywood Florida (100 miles round trip) and spent 2 nights in a hotel and it cost the taxpayers $845.56 When the PB Post questioned him on the motel stay he claimed early morning meetings. After receiving a Public Records Request I learned every meeting was held in the afternoon except for the Continental breakfast which was 7-9 AM. Commissioner James lied, and took advantage of the taxpayers. At a city work session 7/1/13 Commissioner James mentioned the travel budget was depleted and he and Commissioner Robinson traveled at their own expense on a second trip to Washington DC. In reality the taxpayers paid a total of $675.00 air fair. Another lie by Commissioner James.

Commissioner Robinson has received over the years a car allowance totaling $67,900.00 so why when he travels on his day trips to Orlando does he present a travel expense report for tolls and gas and receive reimbursement of approximately $100.00. for each trip? Why does Dorrett Miller sign off on all these expenditures? What’s the purpose of the car allowance?

When the commission placed $10,000.00 in the travel budget, it was with the understanding they would seek permission from the commissioners to access the money. Together they have made numerous trips, spent thousands of taxpayer dollars and it is all done at a commission work sessions held at 10:00 AM away from public view, where input from residents is not allowed. The commissioners supposedly are to vote on matters at a regular mayor/city commission meeting held at 5:00 PM where residents have a right to address their commissioners. If they feel they are acting properly, why the need to be so devious about it?

Commissioner Ike Robinson is 76 years old and has been eligible for Medicare for 11 years, but chooses instead the “Cadillac” Executive Employees plan, paid entirely by the taxpayers of WPB. The “Cadillac” plan cost the Commissioners not one dime in contributions or deductibles. The insurance monthly premium schedule for 2012 has the residents paying $1,349.30/mth, or $16,191.60/ yr. for commissioner Robinson and his wife. I estimate the total for this one commissioner to be in the ballpark of between $150,000.00 to $180,000.00 dollars over the years. That combined with his car allowances adds up to approximately $200,000.00 over 11 years. Not bad for two perks, and a retired guy. Commissioner Robinson has stated he will not run again in 2015. I say about time.

WPB Officials Disrespects OIG

A report recently released by the OIG concerning an interview with City Commissioners Robinson, James, Materio and Moffett, and included City Attorney Claudia McKenna. A PRR was requested from the OIG office for a copy of those interviews. An editorial in the PB Post, Randy Schultz wrote the post views on the story.The OIG interviewed the 5 named city officials in connection with the repayment of $7,325.00 taxpayer dollars to Commissioner Mitchell for Attorney fees, which was investigated by the OIG office, and found to be improper.

The interview’s for the city commissioners was conducted by Investigator Gary Byers.

The interview for City Attorney McKenna was conducted by Investigator Gary Byers & General Council Rob Beitler. All 5 interviews were held at the office of the OIG, and all officials were sworn in by Mr. Byers.

Note: The audio of those interviews is available to stream or download via the links under the pictures below.

My thoughts on the interview are as follows.

Commissioner Materio was respectful and responded to question’s asked by the OIG, and relied on city attorney for explanation’s as to reimburse Commissioner Mitchell. Commissioner Materio stated she believed Commissioner Mitchell was acting as a private citizen, and not in her official capacity as city commissioner. In her final statement Commissioner Materio stated this was “silly and a waste of time and money” I respect her opinion but the taxpayer’s who paid the $7,325.00 find nothing “silly” about it. Interview time: 14:40

Commissioner Moffett was also respectful and responded to question’s asked by the OIG, and also relied on the city attorney for guidance in the reimbursement of funds. When asked if Commissioner Mitchell was acting in her official capacity she replied “no”, and further stated “We shouldn’t have done it.” She then suggested the OIG “talk to the legal dept. we may have been led astray” Interview time: 16:33

Commissioner Robinson appeared aggravated and defensive, and at one point raised his voice. He stated “I followed the recommendation of my city attorney” on 2 occasions, and mentioned “attorney” no less than 15 times. My question to Com. Robinson would be if he depends on the city attorney for answer’s why did the entire commission vote to retain their own attorney, and on the subject of Commissioner Mitchell, why was the question to reimburse not directed to their attorney? Interview time: 12:25

Commissioner James appeared defensive, combative, and arrogant. He answered “no” or “I don’t recall” no less than 7 times to questions asked of him. He questioned the authority of the OIG 3 times, and said he was not there to defend the action he took in his vote to reimburse the $7,325.00 to Ms.Mitchell. It appears to me he feels he needs answer to no one for his actions, including the taxpayers who will pay this bill, or to the voters who mistakenly put him in office. Commissioner James interview time was the shortest at 4:38.

City Attorney Claudia McKenna appeared disingenuously repetitive, and vague. Ms.McKenna answered no questions, and repeatedly questioned the OIG jurisdiction over her and others, and used the word “Jurisdiction” no less that 40 times. When asked a question her response was with the words Fraud, Waste, Mismanagement, Misconduct, and Abuse 22 times. My question to Ms. McKenna would be if you believe, as stated, the OIG “has no jurisdiction over me” why did you feel compelled to accept their invitation to meet for an interview, why not decline? Her Interview time was 42:35.

The Inspector General Lawsuit – Myths and Reality

It’s been over two years since a group of Palm Beach County municipalities sued the county to avoid paying their share of the Inspector General’s budget. While the litigation drags on (a court date has been set for next January), the Office of Inspector General has been starved of funds and unable to continue staffing beyond 60% of her projected levels.

The public statements made on behalf of the litigants is that it is “all about the money”, and they believe the county has no right to require them to pay for the OIG services, in spite of the clear intention of the referendum passed by 72% of the voters.

This is not to say that the litigants do not chafe at the very idea of external oversight. Challenges to the authority of the OIG have taken other, less public avenues, like limiting the OIG jurisdiction with “definitions” of waste, fraud and abuse, instituting rules for public employee dialog with the OIG, and impeding access to meetings and documents.

Although West Palm Beach is considered the “ringleader” of the lawsuit, and many of the cities say they are following their lead, central to the action is the law firm of Corbett, White and Davis, P.A., and WPB City Attorney Claudia McKenna. Corbett, White and Davis represent the League of Cities, and twelve of the county municipalities, five of which are participants in the lawsuit. Principals Trela White and Jennifer Ashton shared the League Counsel seat on the OIG and Ethics Ordinances drafting committee and mounted a serious but unsuccessful effort to include the “waste, fraud and abuse” definitions in the ordinances. White/Ashton were voting members when the committee approved the funding methodology that is now being challenged in the lawsuit. McKenna was present for many of the committee meetings, and although she did object to the funding approach in a statement, it was no surprise to her how the funding was to work or why the method was selected.

Although it has been assumed that the West Palm Beach City Commission voted to participate in the lawsuit, a vote may not have been taken. In October of 2011, CWD principal Keith Davis wrote a memo to the “Mayor and Council Members”, outlining the purpose of the lawsuit, and making the case that the IG funding mechanism is an illegal tax under Florida law, and inconsistent with the charter amendment. The memo, which was obtained by West Palm Beach activists through an open records request, further stated that it constituted double taxation (ie. residents are paying twice for service) and that the municipalities have lost control of their budget.

This letter was referenced by City Attorney Claudia McKenna in a memo on October 27, where she listed eleven cities that had joined or were expected to join the lawsuit and recommended that WPB should join as well. It starts with

“As we have discussed with each of you individually, for the past several months the City Attorney’s office has been in discussions with City Attorneys representing numerous municipalities within the County.”

and concludes with: ”

Unless the office receives an objection regarding challenging the funding, the City Attorney’s office will join the City of West Palm Beach as a plaintiff in the lawsuit.”

Myths and Reality

In the Davis memo a rationale is presented which is a mixture of truth, misdirection and mischaracterization of the content and intent of the IG ordinance (the “myths”). Although it will be a court that decides what is truth and what is not, here are the statements and some things to consider. We report and you decide.

Myth 1: The current IG funding mechanism is an illegal tax on a municipality. Since it is not a user fee (no direct tie from fee to service provided) or a special assessment (no benefit to real property), it must be a tax – which the county cannot levy on a municipality. The fact that the voters approved it does not make it legal.

Consider: The voters of each municipality passed the charter amendment that extended the IG over their cities, including the responsibility to pay for it. Oversight consists of infrastructure (such as a call-in line to report wrongdoing), and periodic review of city contract activity and decision-making. The level of effort in a given year depends on the amount of activity that requires scrutiny, and is not fixed. It is “there for you” much as a hotel swimming pool is part of the room fee, even if you don’t swim in it. The fee is objective (based on LOGER activity). A case can be made that it is a fee and is not illegal.

Myth 2: The current IG funding mechanism is inconsistent with the charter amendment (which calls for an amount 0.25% of contract activity) because it uses the LOGER system which looks at other things besides contract activity.

Consider: The ordinance drafting committee devised a formula to extract relevant contract activity from the LOGER system and IG funding is not related to “other” LOGER activity. Furthermore, it is backward looking to smooth out spikes in activity, and excludes “extraordinary” contracts such as the operation of the Lake Worth power plant.

Myth 3: Assessing a contract fee as suggested in the ordinance would be an illegal tax as well because funded activities do not directly relate to the vendor paying the fee.

Consider: This is not the current method, but if it was, see myth 1 above.

Myth 4: It is double taxation – municipal residents are already paying for the county’s share of the IG funding alongside those in unincorporated areas, in addition to municipal taxes to support the city share of the budget. A taxpayer receives the same share of IG services wherever they live so city residents pay twice.

Consider: IG activity is related to the business of government. The county government and its 10,000 employees and $4B budget requires oversight, and all county taxpayers fund this through county millage. Each municipality has its own separate government, also requiring oversight (the unincorporated areas do not). The city share of IG funding covers city government, not county, and it is a separate activity and a separate expense.

Myth 5: The Municipalities have lost control over their budgets because the county can raise the fee without input from the cities, compromising their home rule “exclusive right to appropriate funds as they deem necessary in the responsible operation of government.”

Consider: Next year budget allocation to the cities are taken from current year LOGER. The municipalities can look at this as easily as the county, so they are not blind-sided. Furthermore, a provision of the IG ordinance requires IG budget review by a representative panel from the League of Cities. This occurs yearly in front of the county commission, and to date, no budget objections have been registered.

Likely Outcomes

The current leaders of West Palm Beach and the 13 other suing municipalities are dug in on their position and not likely to end this lawsuit voluntarily. Perhaps it will be decided by the court in January. If not, remember that the municipal elections are coming in March. We will make every attempt to identify the challengers who would end this lawsuit and require the municipalities to pay their share of the IG funding. We believe then ethics-minded citizens will rally around these candidates, much as 72% of the voters supported the extending the IG jurisdiction over the cities. It already worked in Wellington and that city withdrew from the lawsuit when the challengers won election. We will never erase the stain of “corruption county’ until obstruction by public officials is stopped.

Rally Against IG Lawsuit

Our rally took place at 1pm this afternoon, in front of West Palm Beach City Hall. There was a nice showing of roughly 25 dedicated citizens from as far north as Palm Beach Gardens and as far south as Delray Beach. Our goal is to attract more West Palm Beach residents to become active and involved in what directly affects them.

We were proud to have County Commissioner Jess Santamaria attend our rally, along with his two assistants, Fred Pinto and Paul Razza. Also in attendance were, West Palm Beach’s Ex Internal Auditor, Imogene Isaacs who stopped by, in support of our stand against the lawsuit to stymie the Inspector General. The leader of South Florida 912 was there, along with the President of the Palm Beach County Tea Party.

Palm Beach Post Reporter, Eliot Kleinberg was also there and spoke with Commissioner Santamaria. There were many onlookers and some who were oblivious to the fact of 14 cities who have filed the lawsuit against the Inspector General, with West Palm Beach leading the charge. The city’s Public Information Officer, Eliot Cohen was the only city representative there. He did speak with the Post Reporter.

We would like to thank all participants who attended and therefore contributed to the success of our rally to keep our much needed Inspector General funded.

Inspector General: West Palm Beach Ethics Probe

As reported in the PB Post on 9/27/13 “Inspector General: West Palm Beach should not have repaid Mitchell in ethics probe.” This writer agrees . Here are the facts of the case, made available by requesting a Public Records Request from the PBC COE.

On Dec.8, 2011 the PBC COE received a complaint,along with a compact disk (CD) concerning Commissioner Mitchell, and upon examination of the the disk an initial inquiry was begun.

On Dec.30,2011 the COE filed a Memorandum of Legal Sufficiency, recommending that a formal investigation be initiated under case # C12-001.
COE staff believes there was reasonable, trustworthy facts and circumstances for the COE to conclude that Kimberly Mitchell, a WPB City Commissioner, violated Section 2-443 (a) (1-2) Misuse of public office or employment, by using resources of an on duty City employee to resolve an issue concerning her personal, residential Comcast service.

Further, staff believed there was sufficient evidence to find that Commissioner Mitchell violated section 2-443 (b) Corrupt Misuse of official position.

On Feb.2,2012 the complaint was heard by the COE in executive session. Present were Commissioners Rogers, Harbison, Reinhart, Farach, and Fiore.

Commissioner Reinhart disclosed that Commissioner Mitchell was a friend, who referred clients to him, and he represented a brother of one of her close friends.

Commissioner Harbison disclosed Commissioner Mitchell’s mother was a former client.

Here is how the commissioners voted to continue the investigation:

• Commissioner Reinhart: No probable cause count 1 & 2
• Commissioner Harbison No probable cause count 1 & 2
• Commissioner Rogers No probable cause count 1 & 2
• Commissioner Fiore Probable cause count 1 & 2
• Commissioner Farach Probable cause count 1, No probable cause count 2

At no time did any Palm Beach County Commissioner on Ethics, investigator, or county staff ever declare that Commissioner Mitchell was innocent, or absolved of any wrong doing. They just voted to not continue the investigation.

Commissioner Mitchell, not content with receiving a walk, then had the audacity to present the city (taxpayers) with her attorney’s bill of $7,325.00 which Commissioners Robinson, Materio, Moffitt, and James approved at a city commission meeting without any commissioner making a single comment.

Residents upset with the PBC COE decision filed a complaint against them with the Office of Program Policy Analysis and Government Accountability (OPPAGA) which is reviewing the policies, and has so far reported the commission needs to sharpen its methods of handling investigations and hearings. Is it a coincidence that Commissioners Reinhart and Harbison are no longer with the PBC COE, along with Commissioner Farach who allowed them to vote on the Kimberly Mitchell/ Comcast issue after they made their disclosures?

Residents are upset with the decision of the Commission on Ethics, so who do we turn to for help? I turn to the Inspector General Office. Commissioner Mitchell is 1 of 5 commissioners who support the lawsuit against the IG. The story above is one reason the WPB Commissioners refuse to stop the lawsuit. Stop funding the IG and she will stop looking into their misdeeds. Three commissioners, Mitchell, Materio, and Moffitt are up for re-election in March 2014. They need to go. If you have read this far, please continue and read the Inspector General’s report to the city of WPB.

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