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Thursday, August 18, 2011

Keven Klopp, You Are The Weakest Link, "Goodbye" and Take Burgess Hanson with you. (repost)



I posted this April 1, 2011 detailing the firing of Keven Klopp from his position as City Manager of North Miami Beach.  I included the links to information so please feel free to follow the links and get the whole story and make a decision.  It is interesting that the tactics Keven used a City Manager of NMB were utilized here in Deerfield Beach shortly after he came aboard.  Interesting!!!The only difference is the citizens of NMB fought back to protect the rights of their employees and their City, but here we did not nothing and so we have ended up in the situation we are in with City Staff being hired from around the Country at great expense to the taxpayers and then our services such as garbage pickup, grounds maintenance of our cemeteries and parks, and basic functions that used to be crowning jewels of our City have been laid to rest by this administration and City Commission.  All while out of one side of their mouth telling us we are broke and out of the other side making purchases of trees for $11,000.00 a piece and then making renovations to office for $10,000.00.  Is anyone else concerned about this picture our City is painting.  Our City is top heavy, they are saying the hiring of these individuals is necessary to make our city better because if we have highly educated people at the top then they can make our City run better and possibly save us, the taxpayers, money.  Well, it hasn't happened so far.  All these highly educated people that Burgess Hanson and Peggy Noland have hired has done is intelligently created expensive employment packages for themselves that cause the City to have to layoff underlings just to be able to afford the administrative team that has consistently cost the City too much money, which in turn has caused the CIty to require this Utility tax, which if the highly educated administrative team would do their jobs and at least look for cost savings in all departments and stop wasteful spending then this tax would not be needed.  For example, the City does not have a plan B, if the Utility tax is rescinded.  Well, they do and that was just announced on August 16 and that is to sue the residents who circulated the petition and have outside counsel look for ways to invalidate the clause in the City's Charter which allows the residents to petition an action of the City Commission and have it taken to referendum so the residents can vote on it and decide the fate of their City instead of allowing 5, well in this case it was 4 individuals and City Staff to dictate what is best for us, even though we are the ones who would be footing the bill.  Former Mayor Jean Robb, who is not one of those highly educated and highly paid individuals who is on the City's administrative team, however has offered a plan B for the City Manager to achieve his directive of lowering the millage rate without having to impose a 10% utility tax on residents during a time when those very same residents will be facing a double dip recession.  When ever shackle they have has already been spent and accounted for just to afford to live and provide for their families.  To impose another fee, with the same purpose as the Fire assessment fee, which was so everyone pays their fair share, is insensitive, wrong, and a blatant slap in the face to the law abiding, hard working, tax paying citizens of the City of Deerfield Beach.  Peggy Noland and Bill Ganz supposedly, according to their testimony on August 16, where Peggy Noland states into the record that she knows for a fact that teenage boys were paid to circulate the petition, where is your proof Madam Mayor.  If you have none and you're lying (which I know I wouldn't be surprised), would that mean that your statement caused official records to be falsified because you lied into the record, which is the one of the charges being brought against Sylvia Poitier.  Should I file a complaint so Tim Donnelly can look into that?  I think I might!  Both gave testimony to justify their concerns and need for outside counsel to be bought in.  They did this in the same manner when Burgess asked, per Chaz's request, that Kessler be bought in, which again was another waste of taxpayer money because as it turns out it would seem that Kessler's auditing claims are false, since he is not a CPA and forensic auditing is not a profession for non-CPA's.  Kessler seems to be the firm to hire when the employer wants a specific outcome, then Kessler is the firm to hire to get the results you are looking for.  They surely did that here in Deerfield and cost the City big time and with no real results.  Can our City afford another Kessler debaucle??So, now without further ado I present for your review that post I mentioned three paragraphs ago before I went off discussing the blatant lack of respect the City has for its residents, as shown by their actions.
Friday, April 1, 2011


Keven Klopp, You Are The Weakest Link, "Goodbye" and Take Burgess Hanson with you.

So, in my search of the Wide World Web, I came across this little nugget of information regarding Keven Klopp, previously of North Miami Beach.   It was the minutes from the NMB City Commission meeting from June 24, 2008 and July 22, 2008. 

Mr. Klopp, if you want to leave the room while this is reviewed then go ahead.  Now is your chance to duck out.  Oh, before I anyone reads further I would like to thank “He Who Shall Not Be Named” for giving me the idea to look through the City archives.  Without your past great works I would never have found this information that I am posting here.

  
On June 24, 2008, Councilman Myron Rosner obtained a “Point of Personal Privilege” to address the commission and he began to state his case for the immediate dismissal of City Manager, Keven Klopp.  Once he finished putting forth his case, he entered a motion to “Fire” City Commissioner Klopp, which was seconded and after the roll call vote of 5 to 2 the City of North Miami Beach had fired Klopp. 


Seconds later his replacement was voted into the position.

Fast forward to July 22, 2008 and the Councilman are discussing their decision to fire Keven Klopp.  Now, I could input all sorts of comedic jabs at Mr. Klopp, but I won’t.   I will just repost the minutes from the meeting and let you draw your own conclusions.

Oh, before I forget you can view the minutes in their entirety at the following link:

Let’s start with Council Man Derose who stated that the information provided by Councilman Rosner did not sway his vote.  He stated that he had lost confidence in Klopp when it was found that he and the CRA did not negotiate the best selling prices for land that they proposed to the city for purchase.  Derose indicated that “he believes our manager should negotiate, on our behalf, to try his best to get the lowest price he can get, not to let us vote to purchase something that is much higher than is worth it.”  He continued on to say that this fact really turned him off about Klopp.

Councilwoman Smith stated that it is her ethical responsibility to work towards a better North Miami Beach.  She knows that we needed a change.  She knew it then, and she does not doubt it for a minute now.  Yes we had a hard working likeable manager and his accountability was to lead this city and this is where we are today, less services, employee unhappiness, public events with little presence and little response and a general slide in the wrong direction.   Smith stated that when our former manager told her one thing and two hours later sitting here did something else without coming to her and telling her that he was going to do it.  He supposedly worked for the council, so she had to vote against it.  How many times did that happen?  Too many times for her to mention it to everyone here.  If the vote was based on popularity there was no question the former manager would still be here, but my vote even though it was presumed was based on Councilman Rosner’s CRA report which shed light on a lot of things that i needed to look into further.  My vote was based on the belief that, you are entitled, each and every one of you, to the best city that you can have.  The performance that we had was definitely not going in the direction that the residents and employees deserved.

Councilman Julien commented that a writer stated that we need to run this city like a business and that he agreed whole- heartedly with that writer.   In fact, if that person had taken the time like we all did and attended the two day retreat held recently that individual would have heard and would have learned.  Councilman Julien stated that he knows he said it that if the city of North Miami Beach were a business we would be bankrupt because of the way we are operating.   Keven Klopp was not interested in running this city like a business. Mr. Klopp wanted to reduce the parks and recreation budget in half which would have closed down all of our resource centers, community centers and many jobs would have been lost.  This would have placed our at-risk children on the streets where they would get themselves into trouble and create a hardship for our working parents that rely on those centers for after school care while they earn a living and that too is not something that he could support.  He advised that if you speak with NMB employees they will tell you that they were told that parks and recreation budget had to be cut by two million dollars.  Councilman Julien continued discussing the wasteful ways City Management had allowed money to be spent on car allowances, leave payouts, and sick pay for non-general employees (sixty-three of them to be exact).  Julien at the previous meeting had stated how he had lost faith in Mr. Klopp as a City Manager because borrowed CRA funds had been expended and purchase contracts were signed before council approval was granted. How can i have confidence when the manager or in the manager when i witness the politics of fear and division being perpetrated upon employees so as to cause family men and women to doubt whether they will be able to feed their families?  How can i have confidence in the manager when an unnecessary (and he stressed unnecessary) wedge had been placed between general employees, rank in file police officers and management?   How can he have confidence in the manager when advancement, promotion and pay increases seem to be based upon political acumen rather than upon ability and knowledge?  How can he have confidence in the manager when again and again suggestions to balance the budget appears to be on the backs of those who can least afford it, the general employees and our hard working tax paying residents?

Does any of this sound familiar???

Councilman Julien said the truest statement that the City Commission and the City Management of Deerfield Beach should listen to.

Councilman Julien indicated that there will be jobs that are lost this year but the jobs that should go first are the ones that will not affect our residents.   He stated that we need our police officers to keep us safe; we need our maintenance workers, our sanitation workers, our lifeguards, our camp counselors, and our resource centers so that our youth will have a place to recreate.   Councilman Julien indicated that what we can do without right now are a few less department heads and assistant department heads. Councilman Julien stated that last year he suggested that we renegotiate certain management contracts.


Preach on Councilman!!!!

Mayor Marin chose not to speak about the job Mr. Klopp performed, stating that he had already spoken on the subject.  He focused on the future and was optimistic that the firing of Mr. Klopp was step in the right direction for the city.

I’d have to agree because 4 months later in October 2008 the city reached an agreement with its employees bargaining unit and mass layoffs were prevented, layoff rules were established and the City was able to function under a balanced budget, while maintaining all services at an acceptable level.
Now, I ask you how the heck this guy got a job with the City of Deerfield Beach.  Did Deerfield’s city management not contact previous employers for references?   Mahaney and then Burgess should have reviewed this information from a “public city commission meeting” prior to offering Klopp a job and then a promotion, because it was available on the internet.  Heck, even if they didn’t want to read through the final commission meetings that lead to the dismissal of Klopp, they could have watched them.  Oh yes, they could have watched them.  There is video!!! (The video located athttp://www.citynmb.com/index.asp?Type=B_BASIC&SEC={156A855C-8008-4353-9FB3-7540C6A12C71} 


At the points where the Councilman is stating his reasons for firing Klopp, the tape becomes garbled.  But you can listen to the recording in its entirety at the same location, but the two video options do not have the full audio.)

I have been scouring the internet for confirmation of layoffs in that City after the City Council determined he was the weakest link and told him “goodbye”.  But I have yet to run across anything.  So, I have to assume that getting rid of Klopp was the best thing for the City of North Miami Beach.  Now, he is here and starting that same bullshit over again with the help of our City Manager Burgess Hanson.


Now what are WE going to do about it???


City of North Miami Beach’s Council meeting July 22, 2008: Councilman/woman discussing the firing of City Manager, Keven Klopp


Can be read here.


City of North Miami Beach’s Council meeting June 24, 2008: Councilman/woman voting to fire City Manager, Keven Klopp


Can be read here.




Wednesday, August 17, 2011

Residents of the City of Deerfield Beach Have No Assurance that Mayor and Commissioners Didn't Violate Sunshine Law...

286.011 Public meetings and records; public inspection; criminal and civil penalties.
(1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings.

I am no lawyer and don't pretend to be, but looking at this it would seem that since public meetings should be open to the public at all times.  There should never be a conversation held between Commissioners and City Manager while on the DAIS outside of earshot of the public.  That information could be part of the business of the City which should be open for public inspection and since none of those conversations are ever recorded in the minutes I contend that Commissioners of CODB has consistently and blatantly violated the Sunshine Law.  

If you take a look at the CODB City Commission meeting,  on August 16, 2011, you will notice several times that the City Mayor has private conversations with the City Manager out of earshot of the public, while both are sitting on the DAIS.  One example is at 2:19:10, I am not an investigative reporter so maybe one of you out there or the Broward SAO can comment on the legality of this.

I personally would love to  one day attend City Commission meeting knowing that I will have full access to the information being provided in those frequent sidebar comments b/w Noland and Hanson and then Hanson and Maurodis and then Hanson and the other Commissioners.  What assurance does the public have that the City Manager is not being used as an instrument to pass information, threats, or other along for Commission members thereby avoiding the Sunshine Law, which is illegal as it violates section 1 of FS 286.011.   

I am forwarding this post over to the SAO so they can maybe review the City Commission meetings and then determine if any violations have occurred.  The citizens, residents, and all tax paying people of the CODB deserve a Commission and City Staff that are going to be held to laws of the land.  We are tired of corruption prevailing in our City and therefore must alert the authorities when we have no assurance that illegal activities are not taken place on the DAIS right in front of our faces.

I will also be contacting the new Broward Corruption Hotline at 954-357-TIPS (8477) and I encourage all other concerned citizens of Deerfield Beach to do the same.

You can view information on the Sunshine Law here or the actual Florida Statute 286.011 here.  Who knows aftereviewing the law you may have witnessed or seen a reportable violation of the Sunshine Law by our City Commission and City Staff.

City of Deerfield Beach Looks to Sue Residents Opposed to the Imposition of the Utility Tax

Here's another complaint about the City and their wasteful spending practices, but the City is wasting our time talking about possible mismanagement at the DBHA, when the taxpayers and residents have many incidents of proof of actual mismanagement at the CODB, and yet they have not yet once stated that they will have themselves audited by a third party source.  






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Hello Burgess and so-called Stewards of our money,

Another complaint. Can you please advise who negotiated the Hillsboro contract? i was recently looking at the landscaping contract part. I was looking over this because of the quality of the trees you were putting in there and the constant mistakes being made from the soil mix on up. But what I was astounded by was what you paid for a Medjool palm as well as many of the others. I called several reputable nursery s  and the highest price quote I received was $4500 a piece. Can you confirm that they are actual Medjool Palms as well?

Outrageous how you are spending our money.






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These  people Burgess Hanson, Keven Klopp, Peggy Noland, Marty Popelsky, Bill Ganz, and now Ben Preston and Joe Miller on the behest of Burgess Hanson have given the City Manager authority to obtain the services of a outside attorney to look into filing lawsuits against the Rescind Unfair Taxes, Political Action Committee and the individuals that are circulating the petition that would have this unfair tax rescinded.  When you think about it the Commission and City staff were asked to reconsider this tax before it was approved, they were asked to do more research and they refused, they imposed the tax while ignoring the pleas from over 50 residents and business owners stating they know what is best for the residents and this tax is it.  The original purpose of the tax, as the City stated it, has been scrapped and a new plan was instituted without talking to the residents and yet now those same people are going to spend taxpayer money that they claimed the City doesn't have to sue citizens who were forced into action because of the blatant arrogance of the commission thinking they have a mandate from GOD to cut the residents out of the political process and outside of those three ladies who seat in the front row right each Commission Meeting it is obvious that the other residents are not so enthused about being blatantly cut out of the political process, here in Deerfield Beach by our elected officials.  


The Commissioners are stating the petitioners are lying and are spreading false information to the detriment of the residents...WOW!!!


I challenge each of them to go back and look at the minutes from the June 7 meeting were the voted for the Utility tax and the purpose, reasoning and objective of the tax and see today if any of those things still exist.  The only thing that they have kept too is the polarizing statement so "everyone pays their fair share".  and they continue to be the driving divisive force in this City by trying to pit the Districts against each other by stating that one District or the other is footing the bill for the entire city which is a total falsehood and has been dis-proven many times.  The City was not engineered by the residents, land usage codes are not decided by residents, property values are not calculated by residents, so why now is this blame being put on certain residents in certain districts by the City in a vagrant attempt to gain support for a tax that our City has done without for years.  


This City has no concern for it's residents, which has become evident to me at every City Commission meeting when the residents and the audience are consistently cut out of decisions and banned from talking on the subjects.  They tell us to work with them, but then at every turn they shut us out.  They are 5 individuals who have perked out this City and handed control over to developers, the Fire Union, and private interest and said "To HELL with the residents" we know best, we are in control, we give the speeches around here, so we have the Power.  They wastefully spend taxpayer dollars in a time when they claim that we are broke and have to make deep cuts in the pockets of our non-uniformed employee, who many are taxpaying residents, all while hiring individuals at exorbitant salaries.  If the City Manager had any sense at all, he would know he has trained individuals that have worked for the City for years that could have done the job for less with better results b/c they live here and actually care about this City.  If they had any sense or care for this City and its residents at all they wouldn't be going around initiating $10,000.00 worth of renovations on a City office with an outside source when we have an actual City Department and Employees that could have done the job for less, especially in this time of financial need of the City.  From the City's actions it would seem that we are in a dandy position and our City Manager and staff are doing to us what the City Manager and Staff of Lauderdale Lakes did, which eventually lead to the bankruptcy of the City and it's residents now having the highest property taxes, fees, and service taxes in Florida.  Do you want to end up like Lauderdale Lakes?  I know I don't, but if we continue on this road with wasteful spending by the administration misleading information from staff and the withholding of reports by staff and the shutting out of residents in the political process we will surely be another Lauderdale Lakes and Burgess Hanson and staff will leave this City in a shambles with a lovely severance package of about $300,000 and he will be off on to destroy the next City while we the residents are still here stuck to foot the bill for their arrogance, ignorance, and financial irresponsibility.


We have to start speaking up for ourselves as residents.  We voted for these people, but we still want to be heard and have our opinions, ideas, and concerns considered and not just blatantly disregarded and have these 5 individuals and City Staff treat the residents like second class citizens and imbeciles who need help from elected officials to tie their own shoes.  


When this lunacy stop?


PS.  To City Commissioner Ben Preston scorecard so far, 3 to 6.  The ground you gained you just lost.  We have a lot of work to do to repair the damage you just caused with last nights performance and blatant disregard for the feelings of your constituency.  I think what all of the elected officials have forgotten is that they serve at pleasure of the residents and voters, and not the other way around.  I've said it before it's time to bring Democracy back to Deerfield Beach.  Who's with me?  Cause it's obvious that our elected officials have decided that democracy in CODB is to much of a hassle dealing the opinions of those pesky voters.  With their complaints and opinions, and ideas...

Tuesday, August 16, 2011

Hanson & Klopp, a Lose/Lose Combination for Deerfield Beach and it's Employees (repost)



This is the article from March 2011 that Bill Ganz referenced in his tirade that was disguised as anti-Chaz Stevens rhetoric which turned out to be his version of actually showing support foracism and those who make racist remarks towards individuals.  He stated that basically people should have been outraged that I posted an illustration showing a slave owner beating a black man and stealing his baby (the last illustration in this post.)  He's right people should be outraged at the City Manager b/c the illustration is not calling him a racist it is just illustrating the fact the black people were brow beat by the City when their livelihoods were taking away by the City Manager, Burgess Hanson back in October during the lay-offs.  It was widely being said and not only by the black community but by sensible people everywhere that the City was balancing the budget on the backs of the blacks...which ironically is similar to the phrase that the people of North Miami Beach were shouting when they fired Keven Klopp for attempting the same thing that has happened here in their City.  The difference is theiresidents stood together and stopped it by fighting for their employees, and ouresidents did not and are still not.   Anyway, read the post and see if you are as outraged as Bill Ganz would want you to be.


Hanson & Klopp, a Lose/Lose Combination for Deerfield Beach and it's Employees




Burgess “Balance the Budget on the Backs of Blacks” Hanson is at it again.  The city has offered its heart and soul employees an opportunity to save their jobs.   The clincher is that they have to take a pay cut, give up their pay raises earned in 2010 and then on top of all that they have to help the city pick up the tab for the insurance the City provides to them.  In essence, it seems like Hanson wants the employees to pay the City for allowing them to work.

WTF, this is some Mafioso style **** (insert expletive here).  So, let me address this one kick in the a$$ at a time.



So who's idea was it anyway?
First, the City wants the general employee union to agree to a 5-percent across the board pay cut.  So what does this mean exactly?  All city employees will have a 5 percent reduced salary or just the ones who slave for the city each day in Parks and recreations, Public Works and other departments where the majority of the employees are black.  Will the city management and their assistants be taking a pay cut?  If I remember correctly, according to the 2010/2011 budget proposed by Hanson it indicated that his office was getting over $900,000.00, a $300,000.00 hike from last year’s budget.  So he found money to pay himself and his friends, but somehow the city could not afford to keep those they laid-off due to budget constraints.  I can see why…Deerfield Beach had to make sure that Hanson and his cronies can get paid.

Apparently, they had job openings in the City Manager’s office where assistants to assistants could make over $80,000.00.  I wish I could make that money as a glorified secretary.  Hanson, are you still hiring in management, I type 85 wpm and I have a great phone voice.  I don’t look to good in stiletto’s, but for $80,000.00 I’ll surely wear them and I’d be fierce, if that’s what it takes to get paid by the City and keep your job. 

Hanson interviewing Klopp after his promotion to Assistant City Manager
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Secondly, the City is asking that the general employees give up the “merit pay raises” from 2010, which are raises the employees earned because of positive evaluations for services rendered to the city.  Will management be giving up their pay raises?  Because it would seem that Hanson himself would be taking a drastic pay cut then, because he just got about $90,000.00 merit pay raise when he went from acting City Manager to City Manager in 2010.  Even, though he had no experience as a City Manager he is making over $150,000.00.  Who did he sleep with to get that job, or is that why his hands are never visible while on the Dias because he is giving one of the Commissioners a handjob as gratitude for that cushy position.  Then another slap in the face to those laid-off employees of the City.  Hanson hires Keven “Kill a City” Klopp, a guy who was most recently fired from the City of North Miami Beach and if you take a look at what’s happening there in the last 4 years with Management getting pay raises while the city employees get laid-off, and the City’s employee unions were being railroaded into agreements help the City pay for its top heavy management and administration departments. 

Wait, that’s happening here too.  So, I guess that’s why Burgess “Balance the Budget on the Backs of Blacks” Hanson hired him because he has experience in getting City Management pay raises, while justifying the expenses by reorganizing departments and then firing dedicated city employee’s to free up some cash.  It must be great to be in os the inner sanctum of the Burgess/Klopp gang.  Union negotiators and bargaining units beware because you are dealing with two made-men and the decks are stacked against you.

Third, the City is requesting that the general employees pay 10 percent of the City’s cost for individual health plan insurance premiums.  This would free up a lot of revenue that can be used to pad the pockets of the already overpaid management team. 

In conclusion, the City is so broke that it wants its general employees to take a 5 percent pay cut, give up their “merit” raises from 2010, and pay an additional 10 percent of their insurance premiums.   All the while paying the management teams exorbitant sums of money, while breaking the backs of its dedicated employees. 

Burgess “Balance the Budget on the Backs of Blacks” Hanson proposed cutting the budgets of almost every single department in the City Of Deerfield Beach, except Human Resources, Commission, City Clerk, Engineering/Utilities, Solid Waste, Risk Management, and Non-Departmental expenditures, while proposing an increase of his own budget by about 57 percent, from $633,026.00 in 2010 to a proposed $987,939.00 in 2011.  Now you tell me, what tough decisions were made, except for what departments to cut so we can pay our huge and undeserved salaries?  Also, I didn’t even mention the fact that Hanson has been pitching around the idea that the laying off of sanitation workers (Solid Waste and Recycling), who are currently exempt from these union talks because the City does not have any information as to the effectiveness of this move, will lower our taxes.  Show me the proof, first buddy.  Because all I have seen so far is you and your flunkies breaking our backs while you pad your pockets and sit on your collective asses.

Burgess Hanson, you need to go, take Keven “Kill a City” Klopp and the rest of your lot with you.  The City of Deerfield Beach, its residence and its employees cannot afford you any longer. 

To Speak or Not to Speak on Consent Agenda Items at Deerfield Beach City Commission Meetings (repost)

I posted this back on May 17, 2011 and I hope everyone reads it.

To Speak or Not to Speak on Consent Agenda Items at Deerfield Beach City Commission Meetings


It has been mentioned that I do not understand Roberts Rules (RR).  

At the May 17, 2011 meeting I got up and spoke, I prefaced my comments with the statement "I know this may be the wrong time", but I did so to illustrate a point.  That the public (All Citizens of Deerfield Beach) as a whole was being excluded from fully participating in the political process due to underhanded tactics of the City Commission

Our City Commission has stated that rules and procedures as set forth by blah, blah, blah clearly indicate the public cannot speak on Consent Agenda Items or anything being discussed that night.  Many of you would agree with that statement and basically boo, hiss, and ridicule anyone who would disagree or step out of line with what you have been lead to believe is true.

My question is,  has anyone actually read the City Commission rules for meeting procedures under resolution no. 2007/052?

No.


Has anyone actually read the City Charter regarding meeting procedures?


No.


Well, let me tell you this.  I have and there is no language prohibiting or restricting the topics that the public can discuss at public meetings.  There is no language prohibiting the public from participating in the actual discussion being had by the City Commissioners regarding Consent Agenda Items.
What about the fact that the City’s agenda’s clearly states “Persons addressing the Commission during this segment may not discuss items that are on the agenda."

Well, there is no language in the Charter or resolution 2007/052 that supports that assertion.  The Charter does indicate under section 3.15.

2)   Regular.  The commission shall meet regularly not 
less than once each month and at such times and 
places as shall be specified by resolution. All  
meetings, formal or informal, of the city commission, 
all committees and all boards, elective or appointive, 
administrative or advisory, shall be conducted in open 
session and the press and public shall be permitted to attend any 
of such meetings, except such private, executive sessions as may 
be permitted by law. 


(6)   Rules and journal.  The commission shall determine its own rules and order of business and shall provide for keeping a written record or journal of its proceedings. The journal shall be a public record. 

So, since the Commission establishes its own rules, let’s look at those rules as set forth under resolution 2007/052.

There is no language establishing a prohibition or limitation on the subjects that the public can speak on at a City Commission meeting, except Section 8.2 “Personal and Slanderous remarks” and Section 8.4 “reading of Protest” both are listed under “Citizens rights”.  Section 8.2 basically states that you can’t trash talk a Commissioner and if you do they can boot you from that meeting.  Section 8.4 states that if an individual wants to read a protest statement, petition, or communication (I assume an email, letter, telegraph, etc…) on an item being discussed in the Consent Agenda they have to get Commissioner approval with a majority vote.  


That’s all!

Now, you are probably saying well that is where it comes from.  Did you notice the title “reading of protest” and do you understand the fundamental difference between “reading” as opposed to “discussing” items on the agenda?


Webster defines:
Reading a : to perform the act of reading words :c : to deliver aloud by or as if by reading; specifically : to utter interpretively
Discuss : to investigate by reasoning or argument b : to present in detail for examination or consideration<discussed plans for the party>c : to talk about

Now, you might be also saying that they just added it because they can make up their own rules.  Well, the rules may not prohibit the public discussion of agenda items but it does establish the process to suspend or amend any of the rules as set forth in resolution 2007/052 in Section 9 entitled (what else) “Suspension and Amendment of these rules”. These processes basically are basically the same as with any other resolution or amendment.  To suspend a provision of the rules of 2007/052 takes a majority vote of the Commission and only temporarily suspends said provision.  To amend or to adopt a new rule takes a majority vote of all members of the Commission (guess they won’t be doing this until after July 19, 2011 when the full Commission will convene because the District 2 seat will be filled and the residents of that District will again be able to participate in the political process as set forth by their 14thAmendment Constitutional rights) and all proposed amendments or new rules must have been entered into record at a prior Commission meeting.

I have pointed this out to the City Attorney and he indicated that he will be looking into it.  For a budgeted $500,000+ a year for legal counsel(s) it seems this City has a lot of legal issues established before 2010/2011 that should have been addressed, researched, and corrected.   What’s next up a bat for its legal ambiguity that the City?  This year alone, the language regarding appointments and special elections has been tested and failed.  The prohibition of public discussion on agenda items is being tested right now by this blogger and after review by the City Attorney and other legal counsel I am confident that it will most likely fail. 

I personally believe this is a case of “Just because the City Mayor, Commissioners, Manager, Clerk, and staffers say something it doesn’t mean it’s true.”  We as citizens have to make sure we look in to it and verify any information they provide.  I’d love to start with the numbers on the Fire Department and the cost benefits and savings we get with this current set up, as opposed to other options.  Then if our City did anotheround of layoffs (with all departments considered) I would feel secure in the knowledge that our City has done its due diligence and exhausted every option before pulling the proverbial rug up from under one person whose job could have been saved because the City did all their homework instead of looking only at the quick fixes, such as layoffs, privatization, tax increases, and new taxes. 

I will pose 2 more questions, well 2 statements and 2 questions. 

Statement 1:  Since this resolution, establishing the rules and procedures of the City Commission Meetings was conceived, developed, written, and passed in 2007 with Marty Popelsky, Sylvia Poitier, and Pam Militello on the Commission, along with Gonot and Capellini.

Question 1:  Wouldn't these individuals have known that they did not create any language that prohibits the public from speaking on consent agenda items?

Statement 2: Since it was reviewed, discussed on June 23, 2007 by the current group of elected officials Mayor Peggy Noland with Commissioners Bill Ganz, Marty Popelsky, Joseph Miller, and the now suspended Commissioner Sylvia Poitier and an amendment was actually attempted on September 1, 2009 on provision 8.1 which was introduced by Popelsky.


Question 2: Is it unreasonable to assume that this new crop of elected officials should have known that the Commission Meeting rules and procedures as established by resolution no. 2007/052 does not prohibit the publics right to speak on consent agenda items and therefore should have removed the false and misleading statement from the "Public to be Heard" agendas indicating that the public can not speak on items discussed during that nights meeting?


HMMMMMMM??????????


Since our the Commissioners and Management like to compare Deerfield EBach to other cities, let's compare how other cities treat the publics right to participate in the political process by looking at their statements on their published Agenda's.


Pompano Beach



Fort Lauderdale



Delray Beach, which actually has an entire page attached to its' published agenda referencing the public participation.


Click to Enlarge
Boca Raton


9.CONSENT AGENDA:


(Prior to consideration of a motion to approve the Consent Agenda, the Mayor shall provide for public comment. Those items removed from the Consent Agenda will be considered immediately following the vote on the Consent Agenda or as otherwise directed by the City Council.)




Tallahassee


Citizens are entitled to speak to any item scheduled for public hearing. All public speakers will be unscheduled and will be heard in order of receipt of their submittal to the Treasurer-Clerk during the meeting. The Commission does not usually take public comment on other agenda items not scheduled for public hearing, but the City Commission may, at the discretion of the Mayor, recognize speakers for these items.  Speakers on other topics will be heard at the end of the meeting, and likewise will be called in the order by which their speaker form was received by the Treasurer-Clerk during the meeting. Speaker forms are available in the support column at the entryway to the City Commission Chambers. For more information, call the City Manager's Office at 891-8200.




Weston-Our rules as set forth under resolution 2007/052 almost mirror this but yet we are not allowed to speak.



PUBLIC PARTICIPATION AT COMMISSION MEETINGS
Anyone wishing to address the Commission with regard to a matter appearing on the Agenda or during audience comments must sign in with the City Manager or his designee.  Each individual must state his or her name and the name of the entity represented (if applicable) and the item on the agenda to be addressed prior to conclusion of the  discussion of the matter.  Each person 
addressing the Commission shall approach the lectern, shall give their name and address in an audible tone of voice for the record, and unless further time is granted by the Presiding Officer, shall limit their address to three (3) minutes.  All remarks shall be addressed to the Commission as a body and not to any member thereof.  A person speaking on an item on the agenda shall limit their comments to matters relevant to the item.  A person speaking during audience commentsshall not address any item on the  agenda and  is  strongly encouraged to refrain from making political statements.  No person addressing the Commission shall make personal attacks on any member of  the Commission or any other individuals or  entities.  No person, other than the 
Commission and the person having  the floor, shall be permitted to enter into any  discussion,either directly or through a member of the Commission, without the permission of the Presiding Officer.  No question shall be asked of a Commissioner except through the Presiding Officer. 




McAllen, Texas



1. CONSENT AGENDA:   [All matters listed under Consent Agenda are considered to be routine by the Governing Body and will be enacted by one motion.  There will be no separate discussion of these items; however, if discussion is desired, that item(s) will be removed from the Consent Agenda and will be considered separately.]



6. PUBLIC HEARING BEGINNING AT 6:00 PM: 
A) ROUTINE ITEMS: [All Rezonings and Conditional Use Permits listed under this section come with a favorable recommendation from the Planning & Zoning 
Commission and will be enacted by one motion.  However, if there is opposition at the meeting or a discussion is desired, that item(s) will be removed from the Routine Items section of the agenda and will be considered separately.]






Deerfield Beach


Persons addressing the Commission during this segment may not discuss items that are on the agenda.  A three (3) minute time limit will be imposed on those addressing the Commission.  The Commission shall take the subject under advisement and refer to administration unless a majority of the Commission wishes to discuss the matter.