“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????????
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
