Update…Post Online…And Thou Shall Receive A Response…
November 20, 2008 by Barbara
An update to the last post…on this site…Here’s The Scoop….Not Following The Rules….On So Many Levels..to her credit…the Town Clerk responded moments prior to the posting…and the Town Attorney…not long afterwards…
Below is the the e-mail requests…and responses…on the VFD…unfortunately…the VFD Chief…is still MIA…what to do?…. what to do?….That is the question……..
Note to Readers…all e-mails below are a matter of public record…
On Thu, 11/13/08, Barbara Cole <barbarafcole@yahoo.com> wrote:
From: Barbara Cole <barbarafcole@yahoo.com>
Subject: public information request
To: bob.perkins@lbtsfire.com
Cc: lbtsisla@bellsouth.net, dabbott@wsh-law.com
Date: Thursday, November 13, 2008, 2:03 PM
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Chief Perkins;
I am requesting the information on the following requirements set forth on your VFD website.
I am also asking for the VFD Nov. monthly meeting minutes if they have been approved.
I await your response, of receipt of this e-mail, and when I can pick up this information,dating back from pre-contract time to present roster.
I will cover any copying cost.
Thank You, Barbara cole
All new members will have to complete within two months the following courses:
- Incident Command System (IS 100, IS 200, IS 700, IS 800).
- Sexual harassment awareness
- HIPPA
Minimum requirement to keep an active status
To keep their active status, all members should:
- Attend at least two drills a month and,
- complete the monthly assigned self-study training,
and on a three month average:
- Regular members should be responding to a minimum of 15% of all emergency calls.
- Associate members should be completing their assigned station watch duties (between 24 and 40 hours per month).
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From: Barbara Cole <barbarafcole@yahoo.com>
Subject: Fw: public information request…update
To: bob.perkins@lbtsfire.com
Cc: lbtsisla@bellsouth.net, dabbott@wsh-law.com, junew@lauderdalebythesea-fl.com
Date: Tuesday, November 18, 2008, 10:20 AM
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Chief Perkins
Madam Town Manager Colon
Town Attorney Abbott
Madam Town Clerk White
I am once again asking for some response concerning being denied public information requests from the VFD.
It is my understanding that these responses are required from the VFD by the state, the Town, and the VFD by-laws.
I would appreciate a response from the VFD and the Town on this matter.
Barbara Cole
— On Thu, 11/20/08, June White <junew@lauderdalebythesea-fl.gov> wrote:
From: June White <junew@lauderdalebythesea-fl.gov>
Subject: RE: public information request…update
To: barbarafcole@yahoo.com
Date: Thursday, November 20, 2008, 10:21 AM
The Town Clerk does not possess these files.
June White
Town Clerk
Town of Lauderdale-By-The-Sea
4501 Ocean Drive
Lauderdale-By-The-Sea, FL 33308
junew@lauderdalebythesea-fl.gov
Phone: 954-776-0576
Fax: 954-776-1857
Madam Clerk
I appreciate that you alone responded.
I included you in the e-mail, but did not think you had them.
I am awaiting a response from the Manager and/or the Town Attorney on their position regarding the non- response for public records from the VFD.
Again, thank you for responding.
Barbara Cole
– On Thu, 11/20/08, Daniel L. Abbott <DAbbott@wsh-law.com> wrote:
From: Daniel L. Abbott <DAbbott@wsh-law.com>
Subject: RE: public information request…update
To: ” barbarafcole@yahoo.com ” < barbarafcole@yahoo.com >
Cc: ” Esther Colon ” <estherc@lauderdalebythesea-fl.gov>, ” June White ” <junew@lauderdalebythesea-fl.gov>
Date: Thursday, November 20, 2008, 2:03 PM
Ms. Cole:
While the VFD may be an “agency” of the Town for purposes of the public records law, they are nonetheless a legal entity distinct from the Town. The Town has no authority to compel the VFD to respond to your inquiries. In short, we believe this to matter between you and the VFD, the entity to whom you have directed your request.
–Dan
From: Barbara Cole [mailto: barbarafcole@yahoo.com ]
Sent: Thursday, November 20, 2008 2:19 PM
To: Daniel L. Abbott
Subject: RE: public information request…update
Mr Abbott,
Thank you for your response although I am surprised that the Town has no authority to compel them.
Who would that fall to, the Florida Attorney General? I understood it was a Florida Statute.
I wonder if it can be added as a requirement by the Town as an addendum to the present contract…per the Florida Statute or upon renewal of their contract next year?
Again, thank you for responding.
Barbara Cole
– On Thu, 11/20/08, Daniel L. Abbott <DAbbott@wsh-law.com> wrote:
From: Daniel L. Abbott <DAbbott@wsh-law.com>
Subject: RE: public information request…update
To: ” barbarafcole@yahoo.com ” < barbarafcole@yahoo.com >
Cc: ” Esther Colon ” <estherc@lauderdalebythesea-fl.gov>, ” June White ” <junew@lauderdalebythesea-fl.gov>
Date: Thursday, November 20, 2008, 2:28 PM
Ms. Cole:
Failure to comply with a public records request can be prosecuted as both a criminal and/or a non-criminal infraction, presumably by the State Attorney (Fla. Stat. § 119.10). In addition, production of the public records can be enforced by filing a civil complaint therefor (Fla. Stat. § 119.11).
I suppose a contractual provision could be added to the contract but, as with all contractual provisions, it would have to be agreed to by both parties.
–Dan
From: Barbara Cole [mailto: barbarafcole@yahoo.com ]
Sent: Thursday, November 20, 2008 2:42 PM
To: Daniel L. Abbott
Subject: RE: public information request…update
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Again, I thank you for your quick response. Barbara Cole
Have a nice Thanksgiving.
On Thu, 11/20/08, Daniel L. Abbott <DAbbott@wsh-law.com> wrote:
From: Daniel L. Abbott <DAbbott@wsh-law.com>
Subject: RE: public information request…update
To: “barbarafcole@yahoo.com” <barbarafcole@yahoo.com>
Date: Thursday, November 20, 2008, 2:45 PM
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Posted in Local Politics, Updates, VFD | Tagged public requests, VFD | No Comments
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