In a world that has become so divided and intolerant, I often seek solace in music. Music truly transcends languages, boarders and other obstacles that stand between us. I hope that you will be moved by these performances from our Children of the World. 

These songs were chosen to illustrate both established favorites as well as several exciting new artists. And without further delay, we’ll start with two beautiful versions of Adagio. Lara Fabian embodies the feminine, II Divo, the masculine. 

Lara Fabian~ https://www.youtube.com/watch?v=jKtNuLG5jAo

II Divo~         https://www.youtube.com/watch?v=w77SFM7Fksc

Lara Fabian, Je suis malade~  https://www.youtube.com/watch?v=dVvlmpo5g9k

Диана Анкудинова, Wicked Game~ https://www.youtube.com/watch?v=7jv-DQnf2UY

                                   Реченька~        https://www.youtube.com/watch?v=35Dwo4QVLqs

Angelina Jordan, Bohemian Rhapsody~ https://www.youtube.com/watch?v=MS2XdfgIti0

                            I Put a Spell on You~   https://www.youtube.com/watch?v=nwFloCPXzCs

And lastly, the incomparable Dimash Kudaibergen 

SOS- Slavic Bazaar~ https://www.youtube.com/watch?v=W29zEuZVaxs

Sinful Passion ~         https://www.youtube.com/watch?v=fvZr3CioVUw

And as with the closure of any musical journey, we have an encore. Here we’ll revisit Lara and Dimash joined by the stunning Aida Garifullina performing… Ti amo cosi 

https://www.youtube.com/watch?v=XaQFfqC3lnU

Bravo!

Krishan Manners lawsuit- honk honk

OK…so as mentioned before, I’m not an attorney, nor do I play one on TV. However, you don’t need to be an attorney to understand the blatant omission of facts, twisted histories and downright lies contained within former City Manager Krishan Manners new lawsuit against the Village. This will be a quick overview based on my initial observations:

List of the obvious bloopers:

 This is an action by the Plaintiff for damages exceeding $30,000 excluding attorneys’ fees or costs for unlawful, retaliatory discharge pursuant to Florida’s public sector Whistleblower’s Act, Fla. Stat. § 112.3187. (“Whistleblower’s Act”).  There was nothing unlawful (in my opinion) and I doubt it can be proven as retaliatory regarding the discharge of Krishan Manners with cause. Plus, as this was just filed, he should have maybe made his move earlier…like before he was notified he was being sued by Commissioner Dan Samaria. Amiright?

FACTUAL ALLEGATIONS COMMON TO ALL COUNTS 

(Not so factual but aww... let’s getting started anyway…)

Throughout Plaintiff’s employment, Plaintiff performed his duties in an exemplary fashion. – ROFL! Really?? Nope. Nada. Not even close. He was unqualified from the beginning, should have never been hired (both times) and proved to be utterly incompetent. That’s cause enough right there before getting into his blunder with a sitting Commissioner.

In doing so, Plaintiff was abiding by his duty to ensure that all provisions of the Village’s Charter were being followed and faithfully executed. – Um, no. The question that needs to be asked and answered was why (and for what purpose) Krishan was poking around in Dan’s mortgage in the first place? Why was he providing information to the banks, who was behind this action (and stood to benefit from it) as this is not a provision in our Charter under Manager duties.

Section 2.05(B)(1) of the Village Charter states that the office of a Commissioner shall become vacant if at any time during his/her term he/she, “ceases to maintain his/her permanent residence in the Village.” – Wrong. Dan has maintained permanent residency in the Village. This is the same half-baked argument Rebecca (former Village attorney) was trying to use, that is, before her case got tossed out of court.  

Samaria failed to provide proof of his permanent residence in the Village; Plaintiff was left with no choice but to disclose this information to the appropriate agency. – Nope, there were other choices, including doing nothing. Or, turning it over to the Commission to let them deal with it. Krishan hand delivered papers to Dan at this residence so he clearly knew where he lived. So, total BS. This was not the appropriate procedure to follow via our Charter.  This was never brought before the Commission.  Krishan filed an unsanctioned action against Dan Samaria. Like...two times.

At all material times, Mr. Samaria was aware of the Village’s residency requirements for acting Commissioners, and chose to disregard these requirements completely. – As home ownership is not a requirement to sit on the Commission, this makes zero sense. And, in my opinion also nullifies the entire premise of the “residency” argument. Oops…

Since their taking office, the newly elected Commissioners were determined to terminate Plaintiff’s employment, to terminate the acting Mayor, Tracy Truppman and to terminate the Village’s attorney. – Wow. First off, both Tracy Truppman and the attorney firm resigned. That’s not termination people. Also, have fun proving intent other than due cause.

On or about March 9th, 2020, while under suspension, Plaintiff elected his right per the Village Charter to a name clearing process which was timely filed, and which included a scheduled hearing where Plaintiff would be allowed to give testimony to the Commission. – A minor issue compared to the rest so far, but it was not “timely filed.” Krishan drug his feet until the 11^th hour to continue to hoover up as much money from the Village as possible.

This “name clearing” hearing was, in actuality, a sham hearing which deliberately denied Plaintiff his due process rights with an opportunity to be heard regarding his duties as Village Manager. - $%^&$*@#*! An absolute lie and it’s all evidenced on film. A Whopper Pants on Fire Lie.

Commissioner Ross, among the other members of the Village Commission, was biased toward Plaintiff. – Well, considering Rox Ross was part of the commission that originally hired him, worked with him for years and her husband Chuck was the person responsible for calling Krishan back when the position became open again… yea, right, this makes total sense. 

At the name clearing hearing, Plaintiff was continuously interrupted by the Commissioners, and he was never given any opportunity to be heard to defend himself against the baseless accusations made against him in the performance of his duties as Village Manager, thus dismantling Plaintiff’s due process rights under the 14th Amendment of the United States Constitution. – Bonkers! Again, not baseless accusations and he was given due process (and all captured on film) I’m not clear if he thought his employment was guaranteed for life? I mean…is that the purpose here?

At the time of termination, Plaintiff was qualified for and able to adequately perform the essential job functions as required by Defendant and by the Village Charter. – Not according to the majority of the Commission that was present. All save one voted to terminate him with cause. 

The aforementioned actions of Defendant were done wantonly, willfully, maliciously and with reckless disregard of the consequences of such actions. – There was nothing wanton, reckless or malicious about it. Good luck with proving that.

WHEREFORE, Plaintiff respectfully requests that this court order the following:

Reinstate Plaintiff to the same position held before the retaliatory personnel action, or to an equivalent position, or in the alternative award Plaintiff front pay. -  O.o  This bad penny just needs to go away and stay there. We’re still in the process of cleaning up his mess. 

Reinstate full fringe benefits and seniority rights to Plaintiff;

Order Defendant to make Plaintiff whole, by compensating Plaintiff for lost wages, benefits, including front pay, back pay with prejudgment interest and other remuneration for physical and mental pain, anguish, pain and humiliation from being terminated due to objecting to illegal activity; - “Illegal activity” = mere supposition. "Humiliation" huh? Maybe Krishan should have of thought of that beforehand. This is akin to arsonists blaming the firefighters! I find it hard to believe he doesn’t understand that there are consequences for actions taken in life. #karma

In the present case, Defendant terminated Plaintiff and ended his employment with a sham hearing depriving Plaintiff of his property right of continued employment with Defendant. – They keep repeating this point several times. Just repeating it doesn’t change the facts though. “Sham hearing?” The actual hearing was as genuine as possible. There was no pretense. The Village had every right to terminate his employment. The sham looks to be this lawsuit in my opinion. 

So this is a quick recap of points I noticed. This looks to me like little more than an attempted shakedown but we’ll have to watch and see how it all pans out. And just when I thought 2020 couldn’t get any dumber.

We are truly living in a Clown World.

Standing Watch,

Milton Hunter

The Biscayne Parker 

David Hernandez Exit Interview

David Hernandez reached out to do this video to explain to the residents the reasons behind why he left, and to provide an overview on various projects he was working on. Topics covered include, FEMA, C.I.T.T., the 6^th Ave. F-DOT project and more.  

Link to video interview here: https://www.youtube.com/watch?v=XrgJPW7iPtY

Standing Watch, 

Milton Hunter

The Biscayne Parker

It was brought to my attention that during this week’s monthly commission meeting one commissioner demeaned and belittled several other commissioners.

Link to view meeting is here: https://www.youtube.com/watch?v=Z5IVwolQzrE&t=13455s

If you wish to view the entire (nearly) 5 hours of it feel free, but if not, go directly to time 3:22:02 and specifically @ 3:39:14 forward.

My question for those reading and watching this is… if this is the type of representation you’re looking for? Does this represent your choice of moral and ethical code of conduct between elected officials?

Standing Watch,

Milton Hunter
The Biscayne Parker 

Millage Rate & Budget Workshop

Dear Mayor & Commissioners, 

I seriously hope the Commission will consider lowering the millage rate this year.  Our property values had one of the county's highest increases last year and despite the Corona Virus we shouldn't have a major loss in revenue.  Our residents on the other hand have had a much harder time.  I realize there's an argument for increasing the reserves but we have a healthy reserve now.   

If you look at the crude chart I've attached, you can see what we look like compared to the rest of the county.  We have to start lowering our taxes.  Even if we brought the millage down three or four tenths we would still be much higher than other areas but residents deserve some financial relief and the perception that the Village is making an effort.  

 

The housing market projection, in our new reality, is very strong for single family homes.  People are leaving condos and buying houses.  You would be making our Village more competitive by lowering the rate also.   

Our budget needs trimming.  Every year I speak at budget workshops about the escalating Parks and Recreation budget.  Parks & Rec., 260K, is almost half of our Public Works budget!  It has a 7% increase in its budget.  Almost all of the few programs we have are outsourced.  We've been living in a "shut down" state and probably will continue for a long time and yet the part-time salaries are projected to increase 26% in 2021!  The possible lease of a van is absurd.  I'm not going to bring up every line item but you have a responsibility to take a critical look at a department that may have a budget of 260K.

Reducing Parks & Rec. and increasing Code & Public Works would be a much better investment and improve the quality of life for residents.  Few people use the recreation center but everyday we see an escalation in code issues that could be addressed by better education and community awareness.  Public Works needs another qualified manager with experience relevant to our community.  

 

One of our biggest and most valuable assets in our Village is our urban forest.  We should be improving our medians by nurturing and maintaining them and for that you need to have someone on staff that has the experience to do this.  We have a Public Works staff that basically works on Village maintenance.  We need someone who can work on our trees.  It will be money well spent. 

Just a few comments about the Interim Manager contract - it hasn't been provided so I'm just commenting on what was or wasn't discussed.  You said part-time but there was no discussion of how many hours a week will be provided for $2K weekly.  Since he's already our Finance Manager and things like CITT, FEMA, etc. are already being addressed by him are we paying to have him oversee himself?  He mentioned the RFP for waste management being done by a professional.  That's something our Village Manager has always done.  Are we now going to have to pay extra because he can't do it? 

No one brought hiring and firing.  I don't think he should be doing this.  It wasn't clear exactly what he was going to be doing as Interim Manager.  If duties aren't listed in a contract then he's not responsible.  $2K seems like a lot for really overseeing something he's already paid to do.  Is he going to be providing extra clerical help or using our staff?  There were a lot of unanswered questions.  You need to clarify some of these issues. 

Thanks for listening, 

Barbara

 

FEMA Update and Wrap Up

The Village received notice on Friday 7/17/2020 from FEMA regarding the outstanding appeals on Hurricane Irma denied claims.

Before I get into that language, we need to backtrack a moment and follow the timeline due to the devil is in the details.

The amount the Village submitted to FEMA for reimbursement was $1,077,470.70 with the amount denied= $748,567.66. The 3 part work order breakdown is as follows:

1)      Grants Manager Project (GMP) 5511= $28,140.75

2)      GMP 5517= $540,335.00

3)      GMP 12857= $180,091.91   

Total $748,567.66

The initial response from FEMA in their letters dated 2/13/2019 - 2/22/2019 stated: “"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. “

1)  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.”

2)   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."

Due to that the Villages reimbursement submittal “violated Federal law, regulations and policy in multiple ways” the previous Village attorney (Rebecca Rodriguez) was tasked to file appeals on April 2019. The gist of the explanation she gave was (paraphrased from memory) “we believe we were correct, but if not, you should reconsider payment due to the high amount of Hurricane activity that year, etc.”

OK… seems superficial to me, but let’s move on.

Also, “in support of its appeal, the Subrecipient (Village) provided additional procurement documentation,” which included the complete Grubbs contract from Hernando County, FL. demonstrating that the original contract holder procured the contract competitively.” (By the way, the Grubbs contract was in the Village’s possession… but not originally submitted) So, this is a mistake that was corrected… but at a cost to taxpayers by way of the appeal.

Based on the Project Status Report, the initial obligated amount for reimbursement was $115,269.98 with another $234,650.83 in the queue for possible payment “pending tipping fee receipts.” This amount equals $349,920.81 total. There were no other entries. However, in order to secure this money in the queue, the tipping fees needed to be produced and presented to FEMA. Important point: Neither H20 Partners nor BCPeabody had them. These receipts were not included in the appeals or during the first submittal by the Village.

It was David Hernandez who finally tracked them down on or about July 5^th 2020. He realized through his investigation that there was no contract with Waste Management, but did find money paid out to Waste Management. He then followed the money trail to discover and secure the tipping fee receipts that were then submitting for consideration.

That was the missing key towards our further reimbursement.

Once again, as some here aren’t clear on the timeline, Tracy, Krishan or the previous law firm had absolutely nothing to do with these tipping fee receipts as they were discovered after they were all gone, terminated or otherwise out of the picture. The same can be same for the current Commission. All of this was being dealt with by the Manager alone.

Now, in closing the letter from FEMA on Friday stated that the obligated reimbursement is $666,259.76 (to include the $234,650.83 in the queue). The adjusted work order breakdown is as follows:

1)      Grants Manager Project (GMP) 5511= $28,140.75

2)      GMP 5517= $524,678.75

3)      GMP 12857= $113,440.26   

Total $666,259.76

However; I am still unclear on 2 points:

1)      Their denial letter from 2/13/2019 clearly stated that the original BCPeabody contract was not properly procured, and the contract omitted provisions required by Federal standards, Federal law, regulations and policy in multiple ways. Meaning that FEMA then did not find the reason/excuse given for non-competitive bidding was valid.  

In the FEMA letter from 7/17/2020, it appears they have now changed their previous position- although deducting -$15,656.25 for what I can conclude were time delays. “Debris monitoring services were properly procured.” Their reasoning, “debris removal necessary to protect the lives, safety and health of the general public would have been delayed if the Subrecipient meets the requirements for noncompetitive procurement of debris monitoring services,” So, this additional mistake is now being overlooked as other cities also had issues with the monitoring procedures. But, let’s not look a gift horse in the mouth… I’m happy to report we got a far better outcome than I expected. We got lucky on this one.

2)      The difference between the current reimbursement of $666,259.76 and the previous anticipated amount of $349,920.81 remains unclear to me. As mentioned above, there were no other payment amount entries listed in the queue. I can only assume that the tipping fee receipts also helped towards the higher amount. Perhaps not, and I will edit this post if and when more information becomes available on this point.

So, this hopefully concludes our Hurricane Irma experience and explanation.

This was a horribly mismanaged operation, top to bottom that we have somehow now fiscally survived. The lesson learned should be we can never again enter into Hurricane season as unprepared as we were then.  

But, that’s not the only point; the point is also to give credit where credit is due- setting politics aside.  

And the credit for this more than expected favorable outcome goes to David Hernandez.

Standing Watch,

Milton Hunter

The Biscayne Parker  

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