Sunday, June 2, 2019

What is the FOIA?


This falls under The More You Know category as there have been substantial changes made recently on how the Village responds to (and bills for) public records requests.
As one who has made many such requests over the years for public records, I wanted to shine some light on this topic for those who are unaware and to illustrate what has now become questionable and seemingly biased tactics used by our Administration.
An Overview of the FOIA:
Since 1967, the Freedom of Information Act (FOIA) has provided the public the right to request access to records from any federal agency. It is often described as the law that keeps citizens in the know about their government. Please note that the FOIA applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies. Link Here: https://youtu.be/j5b9sSBiRTQ
That said the material changes made to our common practice are so deviated from the norm that I find it is worth a further examination.
Below are two examples of recent public records request. The names of the parties involved will be omitted, but the scope of work and timeframes will be shown.
Example #1
This public records request was made on Friday 11/2/2018 with an expedited request “being it is time sensitive” for delivery by Monday/Tuesday of the follow week.
SCOPE OF REQUEST: Dates 9/13/18- 11/2/18
·         All correspondence between resident X and the manager
·         All correspondence between residents X and Y and the manager
·         All correspondence between residents X and Y and every commissioner
·         All correspondence between residents X and Y and the police department
·         All correspondence between residents X and Y and the village attorney
The invoice generated from Next Level Systems (I.T. vendor) dated 11/7/18 for this search was $200.00. It was fulfilled in 7 days (request date to Village invoice date)
The invoice generated by the Village clerk to this resident (example #1) is dated 11/09/18. (As a point of reference, this invoice shows that it was received on 11/13/18 but was not stamped as being paid. This requires further examination as if there was proof of payment or not)
Re: Public Records Request dated November 02, 2018
Staff research- ½ hr. -                                               $14.02
No charge for the first 15 minutes of staff time- $6.01
Copies- 211 pages @ $0.15 ea. -                            $31.65
Total-                                                                           $37.66
Notice that the $200.00 (I.T. research fee) charged to the Village from NLS is not part of the invoice.  Why not?  
Example #2
This public records request was made on Thursday February 14, 2019.

SCOPE OF REQUEST: Dates February 14th 2018- February 14th 2019
From resident Z: “Pursuant to Florida Statute Chapter 119 I am requesting that Mayor Tracy Truppman produce all phone logs and Village emails spanning the last 1 year period. Today is 2/14/2019 I believe that by 3/1/2019 you should have sufficient time to fill this request.”
This request was then amended on 2/15/19 to the following:
·         All of the Mayors Personal Cell Phone Logs and TEXT Messages that are in connection with Village Business
·         All of the Mayors Village emails
·         All of Commissioner Betsy Wise Phone Logs, emails and Text Messages pertaining to Village Business commencing Nov 6th 7PM to Date
·         All the Village Managers Text, phone log and emails pertaining to Village business for a one year period
Communication to the resident (with invoice) from the Village clerk was on 3/18/19- (31 days later- note that the previous request was expedited and fulfilled in 1 week)
Re: Public Records Request dated February 14, 2019
Staff research – 250 hours-                                $ 6,190.00
No charge for first 15 minutes of staff time   $ 6.19
IT service-                                                              $ 350.00
Text Messages- 233 pages                                 $ 34.95
Copies – 58,820 @ 0.15 ea.                               $ 8,823.00
Total-                                                                     $ 15,391.76
Upon receiving this invoice resident Z inquired as to the fee, “First, I asked that for this in PDF so no copies are necessary. Second, what staff research is needed? The phone records and text messages are provided by the carrier to the client at no charge all they have to do is download the invoices. Third, what IT services are needed? ” I’ll tell you what, standby I’ll get back to you on this.”
This request was again amended on March 15th:Based on this ridiculous estimated invoice and my conversation with the State Attorney’s Office, here is what I am now requesting. Please send me an estimated cost as soon as possible as I will need to agree and forward to State Attorney."
·         All Text messages since 11/6/2018 related to Village business from Tracy Truppman.
·         All Text messages since 11/6/2018 from Betsy Wise
·         All Text new messages since11/6/2018 from Village Manager.
As of today’s date, there has been no further communication from the Village clerk and this records request has not been fulfilled...  
I have also been made aware of other recent resident’s records requests that have been upcharged, delayed, ignored and/or improperly fulfilled. In my opinion, these actions violate the very sprit of the Freedom of Information Act.  
So, What Did We Learn?
First, off, the two requests are of a different timeframe and scope so we can’t make an apple-to-apple comparison. However, there are more disconcerting elements to uncover. Namely,
Example #1 was submitted from one of Tracy’s known supporters.
Example #2 was submitted from one who has been critical of Tracy.
As a point of record, in the past I have typically not been charged, or charged a nominal rate for all of the public records I have requested.  So you can imagine my shock at seeing this $15K+ invoice!
According to the FOIA guidelines, “There is usually no charge for the first two hours of search time or for the first 100 pages of duplication.” As listed above, the Village clerk charged after the first 15 minutes and offered no free pages of duplication. (Also charging the maximum fee per page without offering the use of back pages ($0.5 as opposed to $0.15). There was in addition a new “I.T. fee” created for resident Z’s invoice (example #2, again not charged on example #1) and a huge disparity in staff research time and costs between the two invoices- $6,175.98.
Further, there is no authorization in the Village Fee Schedule to charge these fees and there are Attorney General opinions (AGO) advising against similar fees. In looking over the contract with the I.T. company, there is no mention of any research fees that pass through to the public either as I.T. fees are not part of the Village Fee Schedule. It is the duty of the Village to produce records and make them available to the public.  If the Village incurs additional fees because of the process they have set up to retrieve records, then that is the cost of doing business to the Village and not to be passed along to the residents.

It seems clear that the purpose of this excessive charge on a public records invoice and similar charges to other residents (on or after February 2019) is meant to obstruct the public records process. At least that’s what I come up with. Should anyone have another idea or explanation, please feel free to leave it in the comment section below. 

Standing Watch,
Milton Hunter
The Biscayne Parker

Saturday, May 11, 2019

Hurricane Season is Coming… Be Informed and Prepared


Hurricane season starts June 1... it's not too early to learn more about these pesky things and how to prepare for them. Remember, Irma in 2017 was not even a hurricane for us, but we saw that tropical storms can make a big mess!
Article from our local weather expert Brian McNoldy


Standing Watch,

Milton Hunter
The Biscayne Parker

Wednesday, March 27, 2019

FEMA Hurricane Irma BP Claim Denial Overview


Important Message for All Taxpayers

I have reviewed the three FEMA letters and will provide my opinions on the issues to include exact language from the denial letters and reasoning. I will break down each letter and claim amount separately. The FEMA issues seems to revolve mostly around two points, (1) Improper and/or missing documentations for the "piggyback" Grubbs contract and (2) the improperly procured BC Peabody contract (debris monitoring).
Basic denial language overview: [Excerpts- underlines added for emphasis] "FEMA determines that the procurement contract and documentation for Grubbs and BCPeabody (debris monitoring) for the Village of Biscayne Park violates Federal law, regulations and policy in multiple ways. “
A) Regarding the monitoring contract: “The original BCPeabody contract was not properly procured, and the contracts omitted provisions required by Federal standards, the Village did not comply with Federal regulations for use of existing contracts and the adequate documentation was not provided."
B) Regarding the Grubbs "piggyback" contract: "The contract was a contract onto an existing contract between Hernando County, FL. and Grubbs. In the case of Hernando County, no such documentation was provided beyond that showing Grubbs as the selectee. A FEMA procurement checklist for the County debris contractors indicates "no respondents were rejected" further indicating Grubbs was the only respondent to the solicitation." Therefore, the County and the Village failed to substantiate the original contract was competitively procured."
Letter 1 dated 2/13/19:
Amount @ issue= $55,160.48
Amount denied=  $28,140.75
Partially approved 
Letter 2 dated 2/13/19:
Amount @ issue= $414,958.23
Amount denied=  $180,091.91
Denied (I think this may be a typo or mistake on FEMA'S end- as this looks to be another partial approval)
Letter 3 dated 2/22/19:
Amount @ issue= $607,352.83
Amount denied=  $540,335.00
Partially approved
Total amount @ issue= $1,077,470.70
Total amount denied=   $748,567.66
Letter #3) [Excerpts] "The Village cited (moreover Tracy Truppman cited, see below) exigent and emergency circumstances as a justification for failing to conduct a competitive procurement for this contract." The Village failed to meet the criteria for exercising a noncompetitive procurement under exigent or emergency conditions-"
In my blog article from 12/15/17 describing the litany of errors committed by the Village during Hurricane Irma, this very issue was mentioned- Improper Procedures- FEMA Debris Monitoring Contract. In short, Tracy Truppman took it upon herself to enter into a contract on September 12th without consulting the other Commissioners and before the issuance of an RFP.  This appears to be a Charter violation. Due to the lack of an RFP, we may not be reimbursed the expenses incurred by the debris monitoring service which now, due to the extended length of time is approx. $200,000.00. 
This panicked action was improper as there was more than sufficient time to arrange for an emergency meeting of the Commission to vote on this contract and follow the required RFP procedure. Debris removal didn’t commence until nearly one week after the hurricane, so her excuse of acting under some alleged “state of emergency” is dubious. This looks moreover to be yet another example of her abuse of power and possibly an expensive mistake for our taxpayers.
So, as stated in the FEMA denial letter, this indeed IS an issue and resulted in the denial of $540,335.00.
That said, we can appeal this FEMA verdict thought it doesn't seem to me to be a guarantee of payment due to the nature of the defects in our contracts.
I also have other questions:
                    When did the clock start on our appeal? The date of the letters (now all over 30 days old) or some other date? We have 60 days to comply with the required additional paperwork
                    Being that we hired an outside company to prepare our claim reimbursement paperwork (H20 Partners, Inc.) who bears the responsibility for this error? Who now pays for the additional work towards compliance? The Village or H2O Partners?
                    Where was our oversight on all of this?
There is certainly more to add as we move through the appeal process and I'll be updating this article as more information becomes available.

Standing Watch,

Milton Hunter
The Biscayne Parker

Tuesday, February 12, 2019

What we expect is accountability and performance from our employees and elected officials, We expect our Charter and Citizens Bill of Rights to be strictly adhered to, We expect you to hold your fellow commissioner(s) accountable when they go off the reservation. We expect you to not meddle with our employees, to support our codes, and to stay in your lane.

The decorum statement cuts both ways- so fix it. Censorship is the child of fear. Censorship reflects a society's lack of confidence in itself...

Sunday, January 13, 2019

Amateur Hour


  

Let’s start off with Happy New Year Neighbors!
And speaking of neighbors, one asked me during the Holidays why I’ve cut back on my writing over the past two years. My answer was in two parts, first, my general level of disgust towards Tracy’s commission and two, the fact that there was little to write about… as precious little has been accomplished. [Aside- the reason why I refer to this as Tracy’s commission is that this is what this thing has become. It’s not “our commission,” as it has little to do with the community, it’s ALL ABOUT Tracy feeding her ego and insecurities, at the expense of all else.] Be that as it may, I was alerted to this week’s monthly meeting, and thought to share with you the embarrassment that is Tracy Trumpman.
I’m not sure why people attend commission meetings. For me personally, one who abhors politics, I attended meetings as a show of support for a commission. I’m sure that others have different reasons. But, one thing is abundantly clear, Tracy’s commission has failed to engage the public, with meeting attendance at an all-time low. People don’t show up, people don’t watch the videos…people have just tuned out.  I wonder if she/they even care? David, you are missed. As I’ve stated before, any semblance of professionalism and ethics left town with David.
So, get your popcorn, strap in, and away we go…
Good and Welfare (or Warfare depending on how you view it)  The purpose of G&W is to give the community an opportunity to speak (3 minutes (or less, as you’ll soon find out) on topics of concern. Typically it’s on current agenda items, but not exclusively. And let me be honest here, this month’s agenda was pretty flimsy, as has been the case over the past two years. So the complaint from new commissioner Wise that, to paraphrase, “that public comments is wasting valuable time needed to conduct Village business” is just a smokescreen.  As mentioned above, few even show up for meetings now and even fewer choose to speak. Sorry to have to explain this, but any form of public censorship is just another example of bad government. If you can’t stand the heat- get out of the kitchen Betsy.
[5:50] Rox Ross starts off public comments by correcting last month’s meeting minutes where she was misquoted. She explains that there was language in the minutes that she never spoke of and that “the minutes are supposed to reflect what exactly occurred without editorial comments from the transcriber.” She mentions that the commission will be voting on the minutes and asks if they want them to be correct? She then scolds the commission on their ignorance of not being able to answer a simple question asked by a visiting Senator. And the question was “what is the Village’s taxable value?” Doh. No one knew, new or old, to include the manager.  (see post title above) Rox said that she felt disappointed and moreover, embarrassed by this. Tracy then cuts her off at the 2:57 mark. Rox tries to continue, as she felt this information was important, especially for the new commissioners, but Tracy just wouldn’t have it! Rox states that “after 9 years of service on this commission I would beg that you allow me another 60 seconds to complete this thought.”  Tracy countered with “30 seconds and Go!" (I am sure that this was THE highlight of her night) The rest you can all see for yourselves. Tracy’s bile and spite is on full display here.
[10:34] New commissioner Betsy Wise chirps in that “she thinks” that the decorum rules have been violated.  Yes, the same decorum statement (more to follow on this later) that has NEVER BEEN RATIFIED has been violated. I mean, you just can’t make this up as you go Betsy. It is also apparent that our new village attorney, along with Betsy didn’t know that this decorum statement has never been ratified. (see post title above) Mind you, Betsy  is a person that had never attended a commission meeting before, is as big of a Village nobody as one who moved in last month, (based on contributions to this community) but yet, she has come out swinging.
[10:55] Chuck Ross is up next. Chuck only gets 43 seconds of his prepared statement out before Tracy shuts him down. (remember, we are to get 3 minutes- not fractional minutes) So, she then continues to talk over him and then calls for the attorney to intervene. What Tracy doesn’t realize is that she’s not lording over her 4th graders here, but adults who aren’t going to be bullied by some decorum rule that she has weaponized for her own benefit.  She also threatens to remove residents via the use of the decorum club, which she doesn’t even have the authority to do- but when has that stopped Tracy? As Chuck was not afforded the opportunity to finish his statement, here it is in its entirety.
“A number of residents spoke at the December meeting concerned that the charter had been violated, the new Commission was not sworn in within the time frame prescribed by the charter. 
In my mind, the charter violation in this case isn't the concern so much as the dismissive behavior of the Mayor towards the residents.  Yes the time delay to certify the election caused a time lapse that was only a few days.  However, I believe that the excuse used to dismiss the resident’s concerns was created after the fact.  Again the dismissive attitude towards the residents is a problem. 
Further to the point who if anyone made the decision to defer the swearing in or who is steering the ship?  Is it Krishan, is it Tracy as most of us believe, and if so that would be a charter violation or are we just aimlessly drifting out to sea with no one at the wheel?  We need a stable leader to guide this Village, we don’t have one right now.
Next, the Charter violations in connection with the Leg Requests were presented at the Dec reg. meeting by Rox Ross before she stepped down after 9 years.  Again, flippant irrelevant excuses were heard by Tracy and Krishan to attempt to defend & deflect.  However, the Mayor in fact admitted she violated the Charter or collaborated with Krishan to do so by sending the Leg Requests to our Lobbyist without running it by the Commission as is required, not once but twice. (I added the underline for emphasis)
Based on this admission, I believe it is now your duty to take this up as an agenda item according to your sworn oath as BP Commissioners to have these matters further investigated.  While this is being investigated the Mayor should step down and pass the gavel to the Vice Mayor, as I believe the procedure to install her was improper in the first place.  Tracy was not the Mayor when the organizational meeting began last month; she was a Commissioner like the rest of you and should not have run the meeting.  By doing so she gained an unfair advantage to have herself nominated and in my mind it was a conflict.  In the past the organizational meetings to select the Mayor have been run by the Attorney.
The criticisms of the Mayor above have been described by the Mayor as a personal attack on her in the past and deliberate misrepresentations.  These statements and concerns have nothing to do with the individual but with the manner that Village business is being conducted and there have been no deliberate misrepresentations, I urge you to watch to watch the meeting videos.
Lastly, road reimbursements that Tracy pushed through in late 2017 have turned out to be not well thought out; it would have been a waste of funds.  The base of our roads needs to be restored before we resurface the roads among other issues.  Tracy claimed there was no harm in asking, not true; harm was caused by missing an opportunity in an election year to ask for funds for a different project, maybe a lighting project around the rec center as an example.  So, losing an opportunity is harmful, losing our credibility with our State Senators and Representatives by bringing half-baked projects is also harmful.  Tracy brags it landed on the governor’s desk but he vetoed it, if you read his reasons he vetoed it because the process we followed was flawed.
 We need change.”

Chuck brings up very important points in his statement that I will be elaborating on in a future post.

[14.56] Tracy has had enough!
She moves to shut down the meeting as now she’s triggered. However, the meeting continues… with Chuck moving away from the podium as to not bog the meeting down further. Watch for yourselves... if you dare.
[27.30] Janey Anderson is now up. She basically discusses a last minute agenda item sponsored by Betsy Wise stating her concern that “it’s just not fair to the public not to see what’s out there and to be able to comment.” She then refers to Betsy’s inflammatory language as subjective. That it’s the commissions responsibly to defuse issues. Etcetera.
[30:01] Dan Keys agrees with Janey regarding the tone of Betsy’s agenda item backup. That the only statements she has made so far have been “to denigrate residents that have spoken at the pulpit.”  That “you’re supposed to be able to take it.” He points out the shortfall of the manager in not properly dealing with the Charter violation regarding the timing of swearing in the new commission. Then he "again" addressed the fact that the commission does not respond to the public, and that it’s a problem. (see post title above) Dan gets slightly over his 3 minutes before Tracy attempts to cut him off. But, Dan continues to explain that having department heads conduct a planned workshop (and not the manager) would have got him fired when he was the PW department head @ Coral Gables. Alrighty then...
[34:17] Barbara Kuhl now has the floor and pretty much unloads on the commission.  She seems concerned in the commissions attempt to restrict the dialog during public comments. (we can’t see from the video, but Barbara is addressing Betsy’s eye rolling and other dismissive body language) She continues to explain that there was no transparency regarding the recount of the election until the public had to bring it forward.  (see post title above) The rest you can see for yourselves.
[37:42] Gary Kuhl follows with “democracy is a messy process. Freedom of speech is a right. We’re not an audience, we’re participants, but we’re treated like an audience.” Sage words Gary. Truly. We can only hope that they were heard, but I’m not holding my breath. He then addresses the upcoming workshop and the fact that it has not been properly noticed or communicated to the public. (see post title above)
Before I move on to the decorum club this commission is attempting to wield, I have some advice for new comer Betsy Wise. Betsy, if you ever plan to earn the respect of this community (and yes, it has to be earned- not given freely) you need to first understand your limitations of general knowledge, and to approach your new position with some humility with both ears open and your mouth shut. You're not "so awesome" so far. You’re off to a poor start; and I suggest you learn from your mistakes. And as you like to sling some Latin around, I have a Latin word for you, hypocrita eice. This means hypocrite.  Do better.

[1:15:20] The (non-ratified) Decorum Statement Discussion.
New commissioner Dan Samaria objected to Tracy’s idea to move the decorum statement from the back of the agenda to the front. And to have it read aloud at every meeting. And to have it posted all over the podium. Dan says he seeks to build a better relationship with the public and that he finds this offensive.  Good for you Dan and good luck with that. Tracy continues to decry her need to push this due to all the “personal attacks” per usual as she’s always the victim in life. Never responsible for her actions, or missteps, only that “others” are always out to get her.  She then tries to spin this attempt to limit and/or restrict our right of free speech into some form of fiscal responsibility. LOL! As I already mentioned above, so very few people attend meetings and ever fewer choose to speak, so that was disingenuous. Please remember that Tracy approached me years ago urging me to have Fred's blog taken down (which I wouldn't do even if I had the ability to do so) because of him writing about her. In my opinion, her goal is total censorship of any narrative she can't control.
[1:42:52] Tracy interrupts the attorney during his discussion, informing him on how to do his job, natch.
Lastly, that State Representative Dottie Joseph wants satellite office space here. Costs are approx. $5,000.00 and she wants a decision now. So, it looks like we would lose office space in Village Hall and possibly also in the Log Cabin.   

So, that’s about all I have for this version of Amateur Hour.  

Standing Watch,

Milton Hunter
The Biscayne Parker

Tuesday, October 23, 2018

Election Prep- 2018


The Interview- BP Election 2018

Hello Neighbors,
I had every intention to title this post “The Interviews” (as in plural), but our candidates simply would not comply with my request. Or, as it seems, with the requests from anyone else here in their attempt to properly access them. This marks the first time I can remember that BP candidates have deliberately gone so far out of their way to avoid any community sponsored vetting and our traditional Meet the Candidates Q & A Event. Rather they have preferred to attempt to ply voters with sweets, a concert, and several casually segregated, (and in my opinion), meaningless assemblies.

Now that I’ve got that off my chest, I’ll give you some insight into this entire fiasco.
As one who has hosted several Meet the Candidates Events, I acknowledged the feedback from both residents and several candidates about getting the same questions downline and in possibly repeating what someone else had already said. The purpose of asking the same questions was one of fairness, and not to have any one candidate feel singled out, etc. So, for this election I had something else in mind (private one-on-one interviews) and starting reaching out to the candidates around the end of September.
During my first sweep, I received interview commitments from Dan Samaria, Jared Susi, and Manny Espinoza. I told them all that I was in the process of contacting the other two candidates and would keep in touch regarding my progress.
Long story made short (or somewhat short for me), Will Tudor (the incumbent) dodged my calls and emails until I finally reached him. (after sending a somewhat shaming email) After relaying what I had in mind, he stated that he “needed 24 hours to consider it.” That was on September 28th and is the last I’ve heard from him. Know that I have asked nothing of Will Tudor for the two years he’s been on the Commission and his deliberate avoidance is troubling. Not the behavior befitting an incumbent, in my opinion.
Now for Betsy Wise or The Great Unknown as I view her.  Since I had no idea who she is, I asked for her phone number so that I could contact her at her convenience. After several cat and mouse emails back and forth between us, I never got her phone number, nor had the opportunity to even explain what I was planning in person. Then, all contact was cut off on her side. The last email I received from her on October 4th stated, “and rest assured I will get back to you.” Well, it’s now 19 days later and I’m still waiting…?... Like Will Tudor, this deliberate avoidance seems contrived and moreover, totally baseless. Neither has legitimate grounds to shun neighbors, nor seem to understand the role of public service. And that is to serve the public’s trust, and that means ALL of the public people. Not just a select few. This is Betsy’s first run at the Commission.
As time is now getting short, I issued a “Last Call” email this past Friday to once again attempt to schedule the remaining interviews. Only Manny Espinoza had the common courtesy to reply and that was to inform me that he was reneging on his previous commitment. Now call me old fashioned, but to me your word is your bond and is part of what forms ones integrity. But, he was polite and good enough to not leave me hanging in the wind, so to speak.  And for that I am appreciative. This is Manny’s second run at the Commission.
Dan Samaria also reneged on his commitment, but in his case, he was on one day, the next off, then on, and then off again. So, a flip flopper one could say. He also asked for “a couple accommodations prior to sitting down for our interview.” These included “that you provide the questions in advance” and that “you provide me with an unedited version of the videotaped interview for my records.” I replied that I would not disclose the questions in advance (as we’ve never done that, and was the same answer I gave him during our last election when he again asked for the questions in advance) but would be happy to provide the video. I then (on October 8th) received a series of odd emails from him asking “who else had agreed to do it” and “if it is only jared and manny it is not worth it for me.” And lastly, “two of the candidates i will beat easy and they are the one i believe u have and one of them i dont trust are being control by a gtoup of people that dont have the residents interest at heart.” This is Dan’s third run at the Commission.
That leaves Jared Susi who visited with me last Thursday evening. The link to his interview is here: https://www.youtube.com/watch?v=XbReu_Fij74 . This is Jared's first run at the Commission.
 
Needless to say, what should have been an easy request for access from various neighbors turned into a frustrating run around. I felt the responsibility to share my experiences with you all for the direct purposes of transparency and discovery.  On paper, I have issues with all of the candidates and find myself ill prepared to vote with so little meaningful contributions offered from them.
Talk is cheap, so I put little value in printed pamphlets or other perfunctory campaign promises.  Actions speak louder than words and the actions I’ve observed from some of the candidates have proven to be, petty and segregating, fearful, dysfunctional and as such mostly unworthy in my opinion.  

Standing Watch,

Milton Hunter
The Biscayne Parker