PB: Three Amigos election chicanery
by SDM
What is the village hiding?
Apparently, something pretty devastating if you read a comment on this blog posted by J.B. Harris. Mr. Harris reported to SDM that instead of receiving transcripts from the village’s attorney-client sessions on Palmer, Village Attorney Eve Boutsis filed a letter with the State Attorney General seeking clarification as to whether the village is required to release the documents.
[SDM Update: Recall Palmetto Bay posted a copy of the Boutsis letter here - if you click the link, a PDF document will begin downloading. The Boutsis letter is quite interesting in that it finally lays out in detail the web of litigation entangling Palmetto Bay. More on this later.]
SDM has no idea what Mr. Harris’s request stated nor does SDM know what Ms. Boutsis asked of the Attorney General Bondi. SDM maintains a strict policy of not receiving emails or documents to protect SDM’s tenuous sanity. This blog comments on information gleaned from the public domain and has no interest in being a reporter forced to investigate the veracity of records.
Anyway, SDM readers will recall that this particular issue has been raised in these pages before. See PB: Made in the Shade for a full discussion.The state statute at issue says that the village council “may meet in private” to discuss settlement negotiations or litigation expenses. The statute expressly does not state that they shall meet in private. Therefore, because the council is vested with the discretion on whether to meet in public, it logically follows that it maintains discretion on whether to release the records of those meetings.
Understand one more thing: the council cannot vote in private to continue litigating or to take any other specific action with respect to the litigation. SDM would argue that the council is not permitted under the statute to instruct the manager to settle or continue litigation outside of a public meeting.
So, the ultimate question becomes, what is the village hiding from the public? You all know the election is less than a month away and that voting will be fully underway long before then. Shouldn’t Palmetto Bay voters know what Mr. Pariser and Mr. Tendrich said regarding Palmer’s lawsuits given that the village lost so badly? For crying out loud, the Village People pay the tab here not you guys!
SDM Says: The village will not release these records without a court order because they are desperate to protect the Three Amigos’ majority. If these records were released, SDM believes no Palmetto Bay voter would countenance another term with Brian Pariser as Vice Mayor or dog catcher for that matter. Boutsis is just doing the council’s bidding by throwing up legal hurdles in a prolonged effort at keeping the truth under wraps.
Sadly, Palmetto Bay every day looks more like the county from which it separated.
A 16-page letter summarizing each case against Palmer in graphic, albeit biased, detail. This letter probably cost the Village $10,000 in legal fees.
I will be posted on the Recall Website in about an hour. I personally don’t think its’ a big issue to seek clarification but than again I’m no attorney, I just play one on TV.
Attorney Client privilege only requires the Attorney to not disclose what was discussed behind closed doors. It does not require the (Client) Council members to stay quite. Soooo, if Mr. Tendrich or for that matter any other council member wishes to disclose what was said during these Top Secret meetings, they are free to do that.
So Howard, Here’s your chance to spill the beans and maybe save your floundering election. I want to know who said what and when did they say it?
It’s a big issue when the response from Pam Bondi’s office to Ms. Boutsis was “it will be a short while” before you hear back from us, which I interpret to mean, see you next year if you’re lucky.
We are worse today than we ever were under the county
Once the attorney-client privilege is breached, then the other side has a right to the information as SDM understands the rule. Therefore, no individual council member ought to breach the privilege in SDM’s view. However, if the privilege has already been breached, i.e., other council members have discussed the substance of the shade sessions, then certainly the Village People should also be told.
SDM believes that some members of the council have discussed the shade sessions with the public already. How else does one explain some of the soapbox letters referencing the subject? See PB: Time to vote is a time to mislead for one example: “The village is working towards a settlement agreement. There is no case law to support the school’s multi-million dollar damage claims.”
At the end of the day, this is all legal nonsense. The bottom line is that council has been derelict in its duty to tell the public the truth about the its decisions with respect to defending the lawsuit. Literally hiding behind Ms. Boutsis’s skirt has to end.
Rest assured, there were many so called SHADE meetings that did not specifically involve “settlement discussions” or “litigation expenses”. And even if they did these topics conceivably could be redacted before disclosure. The meetings would have involved litigation tactics and strategy to defeat Palmer and prolong unnecessary litigation.
I for one had communications with Village counsel at the White & Case firm on the day of the meeting when council and their attorneys met to discuss whether to appeal the 3rd District’s last ruling to the Florida Supreme Court, upholding the increase in student enrollment to 1150. I expressed to Mr. Martinez that he would tarnish his otherwise sterling reputation before his former colleagues if he encouraged his clients to do so. In this instance, after six years of litigation, the council finally took the rational approach. Transcripts from that meeting cannot possibly be immunized by the statute.
The statute is pretty clear that the transcripts must be public at the conclusion of the litigation. SDM would argue that Palmetto Bay v. Palmer at the Third DCA has concluded. The various Palmer v. Palmetto Bay lawsuits are probably pending so they can be held back.
But instead of obsessing over the legal issue, we should be talking about whether it is the correct policy to withhold public records without a compelling reason.
Think of it as a balancing test: the relative value of withholding the records for litigation purposes vs. releasing the records to ensure that voters cast their ballots with all available information about the candidates on the table.
SDM has yet to hear a compelling reason why the records should not be released.
Village of Palmetto Bay Public Records Guidance has been added to the Recall Website if anyone wants to read it. It references 26 Shade Session or at least A/C Sessions which I would assume are the same. I don’t see this information being release prior to the election but it certainly should be released during the recall effort which will commence in the next couple of weeks.
There is a reference in the document regarding ex parte communications which would be interesting to read when made available.
Thanks to Mr. Singer, for all who want to read Ms. Boutsis’ plea for guidance to Pam Bondi you may do so at:
http://www.recallpalmettobay.com/uploads/Public_Records_Guidance.pdf
I think if you read the Boutis letter, it will be clear to all why our Village Attorney bills are now close to a Million dollars.
Oh yes. That’s a very expensive letter. She probably worked on it for a solid week.
The recall boys are now the “Gang of Three.”
http://www.miamiherald.com/2012/10/11/3045263/letter-recall-palmetto-bay-pac.html
Looks like Ms. Boutsis is the FORTH AMIGO, covering up…I thought that at the infamous May 2010 meeting when the mayor was a councilperson and she was asked to recuse herself from voting at the beginning of that 8 hour meeting and then she changes the student ratio from 1150 to 900, out of the blue sky or was texted to do it, and then Ms. Boutsis goes and GIVES HER A BALLOT TO VOTE ANYWAY, look at the tape…..that was the beginning of her cover up in front of all to see…..imagine what they and she are doing IN THE SHADE….sounds spooky to me….and we should know all because we are paying the billls they are incurring…
As a fairly new resident to Palmetto Bay, I have been reading SDM quite a bit. While I am no particular fan of the Mayor, it seems that is the prime subject of SDM.
I have no problem with that, but I would like to know who is giving me all this information.
Would the author please identify him or herself?
26 Shade sessions. Imagine that. It’s amazing any business at all is conducted in the sunshine. Guess that’s why Shelley, Joan and Brian are so afraid of having these records disclosed to the public.
Coming soon to the Village of Palmetto Bay….. The Three Million Dollar Lie.
This will blow everyone mind. May even get the attention of the state attorney’s office.
I can honestly say I think I did some mighty fine research today. As our Mayor always says follow the money. Well I did and thanks for the tip. Don’t worry, I won’t break my hand slapping myself on the back.
got this in my email today…interesting
IS PALMETTO BAY FOR SALE ON NOVEMBER 6?
Dear xxx,
Questionable campaign contributions and outside influences in Palmetto Bay this election season are cause for concern. They raise the question: are our neighborhoods for sale? Read on to make informed choices on Nov. 6.
Attorneys, developers, charter school proponents and lobbyists from outside Palmetto Bay are major contributors to three village candidates: vice-mayor candidates John DuBois and Karyn Cunningham and district 2 candidate Jim Araiza. See for yourself: campaign finance reports are available on the Village website http://www.palmettobay-fl.gov/content/election-2012.
Twelve attorneys from the law firm representing Palmer Trinity have contributed to the campaigns of DuBois and Araiza. The school continues to sue the Village so why are these attorneys who reside outside Palmetto Bay involved in our election and giving to these two candidates?
Real estate developer Wayne Rosen has applied to build a 1400-student charter school on three acres in Palmetto Bay. He gave DuBois and Araiza a total of $2,000 each, from four different accounts. Rosen’s development application will probably be decided by the next council.
Six additional charter school affiliates have given a total of $2,050 each to DuBois and Araiza. Palmetto Bay already has A-rated public schools which help keep our property values up. Why are these charter school promoters supporting DuBois and Araiza?
Union lobbyist Karyn Cunningham has received 95% of her campaign contributions from sources outside Palmetto Bay including lobbyists, charter school CEO’s, unions and political organizers. DuBois and Araiza have received over 75% of their campaign contributions from outside Palmetto Bay.
Why are outside campaign financial contributors backing the campaigns of DuBois, Ariza and Cunningham? Do they expect something in return?
DuBois, Araiza, and Cunningham are campaigning against ‘expensive lawsuits’ and ‘fiscal mismanagement,’ but fail to mention that the Village of Palmetto Bay is in excellent fiscal health with over $8 million in reserves. Moreover, the total amount spent by the village defending lawsuits arising from the council’s efforts to protect residential neighborhoods from intrusive development is only about $4 per resident for each of the past six years. Is $4 a year per resident too much for neighborhood protection?
DuBois, Araiza, and Cunningham do not participate in village council meetings or budget hearings. Issues such as transparency, increased police protection, more resident involvement, and improved quality of life, which these candidates advocate, have already been admirably addressed by the present council.
The 2012 election is Araiza’s third attempt to win a seat on the Palmetto Bay Council and DuBois’ second attempt. Both of these well-funded candidates have hired the same professional consulting group to manage their campaigns and have largely the same contributors, paid on the same dates. Is this apparent alliance good for the village?
In addition to the above issues, DuBois is presently being sued by the Miami-Dade Dept. of Regulatory & Economic Resources for cutting mangroves and filling wetlands on his Palmetto Bay waterfront mansion, causing “irreparable harm to the environment”. The lawsuit, filed against DuBois on Sept. 19, 2012, seeks injunctive relief of $15,000 and civil penalties up to $25,000 per day per violation. See http://PBchecksTheRecord.files.wordpress.com/2012/09/document1.pdf
Araiza’s campaign website and flyers state that he is a Certified Public Account (CPA) and a Certified Financial Planner (CFP), yet his CPA was made null and void in 1997 and his CFP was made null and void in 1995 for failing to meet state standards. Araiza states that he is the owner of James J Araiza, PA, Certified Public Accountants, yet that firm was dissolved by the state of Florida in 1994.
Howard Tendrich’s (district 2 candidate for re-election) council voting record clearly shows that he supports developers¸ outside interests and increased density within Palmetto Bay over residents’ quality of life and the quiet enjoyment of their homes. Tendrich has received 53% of his campaign contributions from outside Palmetto Bay.
A key issue on the November 6 ballot is the Neighborhood Protection Charter Amendment. This amendment will provide protection from intrusive non-residential developments that would disrupt or degrade the health, safety, tranquility, character, and overall welfare of our single-family residential neighborhoods and will protect them from excessive density, noise, light, glare, odor, vibration, dust or traffic. DuBois, Araiza, Cunningham, and Tendrich have failed to support this important amendment. (Vote YES # 354 for Neighborhood Protection).
Associations and actions speak louder than campaign rhetoric. Be an informed voter; consider the facts. Brian Pariser (vice-mayor candidate for re-election) has a strong record of voting for neighborhood protection and residents’ quality of life issues. Pariser’s campaign contributions are 70% from Palmetto Bay residents. Similarly Tim Schaffer (district 2 candidate) is a strong advocate of neighborhood protection and quality of life issues for residents. Schaffer’s campaign contributions are 81% from residents within Palmetto Bay.
YOUR VOTE ON NOV 6 WILL DEFINE THE FUTURE OF PALMETTO BAY.
Send a clear message:
PALMETTO BAY IS NOT FOR SALE!
Sincerely,
Palmetto Bay Concerned Residents
Jack Fell
Gary Pastorella
Anthony Gorman
and thousands more of the Palmetto Bay silent majority
Political advertisement approved by Palmetto Bay Concerned Residents independently of any candidate.
Independent my rear
It’s time for the States Attorneys office to start an investigation into the politics in the Village of Palmetto Bay and after they do we’ll find out who the real liars are.
It will certainly be an interesting couple of months.
I may sue Fell, Pastorella and Gorman for trespass and invasion of privacy for coming onto my property and hanging that piece of
soiled toilette paper on my door.
Fell lives across the street from St Andrew on 144 and has been an avowed opponent of OCPC and all Churches.
Pastorella is a board member of the special interest group CCOCI and was part of the group that sued the village in the OCPC litigation. He was represented by Tucker Gibbs. They lost.
Gorman has been paid handsomely for his loyalty. The current budget has a unique little drainage project for him. No one else has received such special consideration. All those soapbox letters and hand deliveries of campaign materials have really paid off for you, eh Mr. Gorman?
I am concerned. I posted a comment as Anonymous on 10/14/12. That comment was never posted. Can someone tell me why?
[Your question was repetitive and off-topic.]
It pointed out that no one was saying Palmetto Bay for sale message was incorrect.
[The message is incorrect on many levels but addressing them individually merely serves to repeat them. Nice try.]
I also asked for the author to identify him or herself.
[This blog is written by anonymous. Now go stomp your feet elsewhere.]