Rox the Boat

“So I’d like to know where you got the notion… Rox the boat, don’t Rox the boat baby…don’t tip the boat over”

Lyric lifted from the Hues Corporation circa 1970. And they pose a good question…I’d also like to know where you got the notion?

As a refresher, Rox Ross is back on the commission since running unopposed to finish Tracy Truppman’s term since Tracy abandoned ship early (pun and irony intended) That term expires in November.

Today we have a peek of what has been going on behind the scenes between Rox Ross and our Interim Village manager David Hernandez. This article will focus on the topic of harassment. A loose interpretation of the concept would read as: any content or activity that attempts to intimidate, degrade, abuse or bully others, or creates a hostile environment for others. 

 

Okay…so with that said, let’s get started.  

From: Roxanna Ross <rross@biscayneparkfl.gov>
Date: May 2, 2020 at 12:09:17 PM EDT
To: David Hernandez <dhernandez@biscayneparkfl.gov>, roxsross <roxsross@gmail.com>
Cc: Roseann Prado <villageclerk@biscayneparkfl.gov>, "John Herin [R.]" <jherin@foxrothschild.com>, Luis Cabrera <luis.cabrera@biscayneparkpolice.org>
Subject: Re:  BP COVID-19 Video Update 5/1/2020  

David, 

I have a real problem with your use of Village resources (log cabin, equipment, utube channel, staff support) to promote yourself for the position of Village Manager. 

And, further, that your self-promoting advertisement comes to me from a Village blogger.

While I am grateful for all your efforts as Interim Manager in this health crisis, if you continued to disseminate your advertisement, you will force my hand to communicate your very serious shortcomings for the full position of Village Manager.  It will be awkward for everyone involved.  Rox

First off… is this meant as a threat?  And I agree… that would be awkward for everyone involved.

Here is the PSA video she was referring to- https://www.youtube.com/watch?v=bFuEiqZpdow @ 5:10- and yes, her “real problem” stems from…22 seconds out of the 5:37 video. Point of fact, David’s statement was issued to dispel the rumor floating around that he didn’t have any interest in continuing as city manager. Thus, the attempted measures to replace him issued from the minority of the commission… which by the way failed to pass.

From: David Hernandez <dhernandez@biscayneparkfl.gov>
Sent: Friday, May 1, 2020 2:51:11 PM
To: roxsross <roxsross@gmail.com>
Cc: Roseann Prado <villageclerk@biscayneparkfl.gov>; John Herin [R.] <jherin@foxrothschild.com>; Roxanna Ross <rross@biscayneparkfl.gov>
Subject: RE: BP COVID-19 Video Update 5/1/2020  

Thanks for your opinion???????? 

From: Roxanna Ross rross@biscayneparkfl.gov

Date: May 2, 2020 at 12:09:17 PM EDT

To: David Hernandez <dhernandez@biscayneparkfl.gov>, roxsross <roxsross@gmail.com>Cc: Roseann Prado <villageclerk@biscayneparkfl.gov>, "John Herin [R.]" <jherin@foxrothschild.com>, Luis Cabrera <luis.cabrera@biscayneparkpolice.org>Subject: Re:  BP COVID-19 Video Update 5/1/2020

  David,
I consider this excessive use of punctuation the equivalent of screaming.   I find it rude, unprofessional and uncalled for.
I worry that this is the communication style you employ with others, residents, vendors, contractors, service providers, and employees.  It reflects poorly on you, and on our Village.
As poorly as your three repeated explatives (f-bombs) heard at the conclusion 4/22 meeting, before the tape was edited for publication.
Rox

This was followed by a written response from David to the entire commission:

5/5/2020

Dear Commissioners,

I am respectfully requesting the Commission to review an alarming email I received from Commissioner Ross.  In this past year, one of the constant issues discussed has been Ethics.  I believe Commissioner Ross is breaching on violating the Ethics rules.  Specifically, written communication addressed to me that includes threats, harassment, and disparaging comments.

In her email she mentions she has problem that I, Interim Village Manager, am using village resources to do my job and communicate to the residents.   The importance of communication (transparency) between the village and residents has been expressed at meetings.  Due to the many updates involving the pandemic, I have no other way to keep residents informed without using these resources.

As your chosen Interim Village Manager I have gone above and beyond to address lingering items including the FEMA appeals, CITT, Hurricane season preparations, and the upcoming budget to name a few. I have done all of this while also dealing with the Covid-19 pandemic.  Meanwhile, I am still working as your Public Works Director to ensure that department remains fully operational accomplishing the goals set out.

Commissioner Ross’s comments about me communicating in a rude and unprofessional style amongst residents, vendors, contractors, service providers, and employees is unsubstantiated.   Commissioner Ross interprets punctuations as “screaming”.  This is not a fair assessment of my character and interactions because I am not following Commissioners Ross’s email standards.  In addition, I was chastised for using the F-Bomb (without proof).

In December of 2018, I commenced employment with the Village as your Public Works Director.  In such a short period of time, numerous projects have been accomplished while I’ve maintained a positive rapport with others. My vast experience in working with different jurisdictions, directors, managers, and such forth is why I believe the commission approached me to take on the position as the Interim Village Manager.

I have an impeccable record, proven with a slew of recommendation letters, from my many years of working in the public sector.  It concerns me that a Village Commissioner is threatening to smear my reputation by communicating so-called “shortcomings” to everyone.  As a commissioner, Rox Ross is a representative of the residents who is taking the liberty to threaten an employee’s reputation.  That style of representation will lead to a disruptive future for the village going forward, regardless of who your village manager is. 

It should be clear that I am not lobbying (I have not “disseminated any advertisements”) for the full position of Village Manager.  I agreed to take this interim position, while performing my duties as your Public Works Director.  Apparently, if I were interested in the “full position of Village Manager”, Commissioner Ross intends to ensure I am eliminated from being considered by disparaging my character by communicating “serious shortcomings “. 

Lastly, I am being interrupted with these unwarranted emails while I am seeking to accomplish bringing things up to speed for a full position for village manager who will be unfamiliar with our current issues.  Commissioner Ross is disrespecting the position of Village Manager by disseminating threatening correspondence.  Commissioner Ross has crossed a line that needs to cease.  I implore the Commissioners to address this so we can ALL work together positively and professionally for the Good of the Village. 

Sincerely,

David Hernandez, Interim Village Manager

Biased ??

From: Roseann Prado villageclerk@biscayneparkfl.gov   (in blue)
Sent: Tuesday, April 28, 2020 10:48 AM
To: Roxanna Ross <rross@biscayneparkfl.gov>
Cc: David Hernandez <villagemanager@biscayneparkfl.gov>
Subject: RE: 5/5/2020 Commission Meeting  

Good Morning Commissioner Ross,

Got your items to next agenda: [Excerpts]

- Commission to meet every two weeks

 - Agenda memo, proposed solicitation and process for Village Manager Selection Process. At the 04/22 virtual meeting you asked to put on the next agenda the recruitment for Village Manager and Village Attorney. It will continue for both? Please advise. 

Rox: “I didn't research or prepare anything to submit for Village Attorney recruitment.  If in discussion during the May meeting a majority of the Commission choses to pursue a solicitation and selection process for Village Attorney, I may volunteer to prepare it.  But, I have nothing further right now.”

Of note is Rox’s apparent lack of interest in the recruitment process for the Village Attorney position.  Her focus was just on the manager position. As stated above, “I didn't research or prepare anything to submit for Village Attorney recruitment.” Further, she seemed only interested in discussing it “if” the majority of the commission chooses to pursue the process.”  

However, in contrast, there was no majority vote or discussion by the commission to choose to pursue a solicitation and selection process for the Villager manager. So… why the double standard?

Could it be due to her existing relationship with the Interim Village attorney whom she recommended? I personally am not sure that this doesn’t present a conflict of interest for the Village.

Didn’t we all just learn (from the previous commission) the mistake made over one commissioner having a potential undue influence over the attorney? Something Rox herself complained about (and she was correct to do so) on more than one occasion… Kinda of makes you go hmm… doesn’t it?

In reading through the public records where this information was sourced, I saw a level of frustration from Rox of not being involved enough, pushing for more control and for a special commission meeting that only 22 people viewed/attended. Moreover, approx. 10 of those people were either staff or the commission. As a comparison, the Public Service Announcement videos David and the administration have produced are averaging 258 views each. For me, that’s telling and illustrates where the public’s interest is. And, aren’t commissioners elected to serve the public’s interest over their own agendas?

As a reminder, commissioners don’t run our daily operations. That’s the manager’s job. This delineation of authority has become a real problem over the past several commissions and perhaps it’s time to have a public refresher course on what is the role of the commissioners, per our Charter, and the role of the Village manager.

I think it would be fitting to have that discussion at this time.

This topic was recently addressed by the Village attorney [Excerpts]: “In accordance with Chapters 166 and 252, Florida Statutes, the Village Charter, and the Village’s adopted Comprehensive Emergency Management Plan (“CEMP”), in the event of a declaration of emergency the Village Manager is vested with the authority to administer the day-to-day operations of the Village consistent with state law, the Village Charter and as delegated by the Village Commission.”

Further, “the Village Charter vests in the Commission the authority to adopt laws and “set policy”, and it vests in the Manager the authority to implement the Village’s laws and Commission policy and run the day-to-day operation of the Village – including making decisions affecting the administration of all departments and offices.”

Village CEMP

In accordance with §252.38(2) Fla. Stat.2, and Village Resolution 2012-43 (“Resolution”), the Village has adopted a CEMP, which is automatically invoked when the Mayor declares a state of emergency in the Village and/or Miami-Dade County declares a state of emergency. According to the Resolution, the purpose of the CEMP is to “define clearly the roles and responsibilities of each department and function within the Village organization by providing guidance in accomplishing the objectives of [the CEMP] with lists of guidelines, plans, assessments and resources.”

The CEMP recognizes that the Village Manager is “the Chief Executive Officer for the Village and is charged with carrying out the policies of the Village Commission and managing day-to-day operations” subject to the Village Manager keeping the Village Commission “informed of events” and “included in the policy making group.” Furthermore, the CEMP specifically delegates the following authority and powers to the Village Manager and Chief of Police:

1. “The Village Manager is the Executive Officer for the Village of Biscayne Park with responsibility over all operations during the preparedness, response, recovery and mitigation periods [in the CEMP]. While dependent on state laws, the Village Manager has the ability to establish curfews, direct evacuations, and coordinate with the local health authority to order a quarantine if needed. In addition to providing leadership and setting objectives, the Village Manager provides a key role in communicating to the public and helping the public cope with the consequences of a disaster.

2. The Chief of Police is the Emergency Management Coordinator for the Village and is responsible for preparedness activities, establishing the local command center and assisting with directing emergency operations during a disaster, coordinating information with the Miami-Dade County EOC, and assisting with recovery and mitigation activities. Department Directors and critical staff are responsible for preparedness activities and in providing support activities during response and recovery operations, as well as mitigation activities.

Accordingly, pursuant to the powers delegated by the Village Commission to the Village Manager in the CEMP, the Village Manager has virtually total authority over the Village’s operations during a declared state of emergency, including the authority to close (and open) Village facilities and limiting large public gatherings.

Conclusion

Upon the declaration of an emergency affecting the Village, the Village’s CEMP is automatically activated and the Village Manager is delegated wide discretionary powers over the day-to-day operations of the Village.”

Look, I understand that all of our nerves are a bit frazzled over the COVID-19 situation we’re facing, but that does not excuse this behavior.  Behavior that is at best unprofessional… and at worst, a threat made against an employee.

Standing Watch,

Milton Hunter

The Biscayne Parker