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Here’s The Scoop …. Following the LITTLE Letter(s) of the LAW ….

September 1, 2009 by Barbara

“THUMBING” YOUR NOSE AT THE TAXPAYERS …..

Dear Readers…an update to the post concerning the purchase of the Public Safety Complex in May 2008…and the required LBTS Purchasing Manual 30 day published notice prior to Commission approval  (see below)

5. “ANY AGREEMENT BY LBTS TO PURCHASE REAL PROPERTY SHALL BE SUBMITTED TO THE TOWN COMMISSION FOR APPROVAL AT A PUBLIC MEETING AFTER THIRTY (30) DAYS PUBLIC NOTICE. NOTICE OF THE PROPOSED PURCHASE OF REAL PROPERTY SHALL BE PUBLISHED ONCE A WEEK FOR AT LEAST TWO (2) WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN LBTS”

On a positive note….the Town was uncharacteristically quick to respond compared to past PRRs and also charged appropriately 15 cents for the copy of the page scanned below…

ad for pub. safety building

The ad for public notice was indeed published….although just like the recent Parking Citation Processing RFP (prev. post) it was about the size of a thumb!…Its actual size is  shown above on the PRR  picked up today…I verified the size with the Town Clerk and Office Specialist Nikki Smith… No wonder nobody, including me recalled seeing it!….

I checked the Public Notices category for April/May 2008 and found a post for April 27, 2008 …but not the one above….I checked May 11, 2008 and did not find a post …just a post for May 12, 2008…..So this writer missed the itty bitty notice…big time!….

” The Town is considering the purchase of property located at 4513 N. Ocean Drive, Lauderdale-By-The-Sea Fl. 33308. The legal description being (Lauderdale-By-The-Sea 6-2B Lot 28,29 Block 24)” The wording, may be legally sufficient, does not offer the taxpayers notice they can come forward to object the purchase……and of course no such ability to do so was mentioned from the Town Manager in her presentation to the Town ….SHAME!…

more to come….

Post Division

Here’s The Scoop … Mc-Vasion Of Privacy … Cutting Off Your Freedom Of Confidentiality ….

August 27, 2009 by Barbara

Dear Readers …The Vice Mayor has been in retaliation mode…after receiving a Public Records Request for his e-mails from his personal e-mail account from a constituent, Yann Brandt. Mr. Brandt asked for his e-mails to find out whether there was any prior knowledge in the “reassignment” of former BSO Chief Scott Gooding (prev. posts)…Rather than complying, the Vice Mayor has chosen not to respond 2 months after the request and now finds himself way over the “reasonable time” to produce such a request per the Florida State Statutes…He decided instead to ask for all e-mails of “Town-related business” from his 2 “foes” on the dais Mayor Minnet and Commissioner Dodd from May 1, 2009 to August 13, 2009…(prev. post)….

Commissioner Dodd asked for an opinion from the Town Attorney, and put the item on the September 9, 2009 agenda….

The Attorney made an opinion…. She wrote a 4 page response…produced and distributed on 8/24/09 to the Commission…

“I. QUESTION PRESENTED

You have asked me to provide guidance on the legal standards applicable to recent public records requests for documents related to Town business that may be located in the personal email accounts of Town elected officials ( referred to herein as “Town Commissioners”.

“II. DISCUSSION

A.  Are e-mails in the Private Email accounts of Elected Officials Public Record?

Answer …”POSSIBLY. Pursuant to Article I, section 24 of the Florida Constitution and Chapter 119, Florida Statutes, any document made or received in communication with official Town business that is “intended to perpetuate, COMMUNICATE or formalize knowledge” is a public record. (statute and case law followed)

“E-MAIL COMMUNICATIONS CAN BE PUBLIC RECORDS IF THEY MEET THIS TEST. See AGOs 01-20 and 07-14. BY DEFINITION, EMAIL INVOLVES COMMUNICATION BETWEEN 2 PERSONS (unless one were to email himself or herself for some reason) THEREFORE, ANY EMAILS BETWEEN ELECTED OFFICIALS AND ANOTHER PERSON THAT RELATE TO OFFICIAL TOWN BUSINESS ARE PUBLIC RECORD UNLESS THEY MEET A SPECIFIC EXEMPTION IN THE STATUTE ( social security numbers are exempt from disclosure, for example).

WHETHER, THE RECORD IS LOCATED IN A TOWN EMAIL ACCOUNT OR A PRIVATE ACCOUNT IS IRRELEVANT TO WHETHER IT IS CONSIDERED A PUBLIC RECORD. IF CONNECTED TO OFFICIAL TOWN BUSINESS AND IS INTENDED TO PERPETUATE, COMMUNICATE OR FORMALIZE KNOWLEDGE, IT IS A PUBLIC RECORD EVEN IF CONTAINED IN A PRIVATE EMAIL ACCOUNT. Likewise, if it is NOT related to official Town business, it is NOT a public record even if contained in a Town email account. State v. City of Clearwater, 863 So. 2nd 149,154 (Fla. 2003).

WHAT IS OFFICIAL TOWN BUSINESS? THE PLAIN MEANING OF THE PHRASE APPLIES. ACCORDING TO ONE OPINION OF THE FLORIDA ATTORNEY GENERAL, IF THE ITEM WAS RECEIVED BY THE ELECTED OFFICIAL IN HIS OR HER CAPACITY- IN OTHER WORDS, BECAUSE OF HIS OR HER STATUS AS AN ELECTED OFFICIAL THEN IT RELATES TO THE TRANSACTION OF OFFICIAL TOWN BUSINESS. See AGO 77-141 (copies of letters or other documents provided by newspaper reporters or individual citizens to a mayor in his official capacity are public records, unless covered by a specific exemption). An example of a record NOT related to Town business is an e-mail concerning one’s family, personal business activities, personal financial matters,planned vacation, or other matters having nothing to do with the Town.

AN EMAIL THAT RELATES TO A MATTER THAT HAS BEEN OR WILL BE ON A TOWN COMMISSION AGENDA IS DEFINITELY A PUBLIC RECORD, BUT SO ARE MANY OTHER EMAILS. EMAILS RELATED TO MATTERS THAT MAY NEVER BE ON THE AGENDA, BUT ARE STILL RELATED TO OFFICIAL TOWN BUSINESS, ARE PUBLIC RECORDS ALSO. An example might be an email from a resident to an elected official complaining about an issue in Town and seeking assistance with it, where the issue is resolved by being referred to staff without even appearing on the agenda. Another example might be an email to or from a resident or other person stating opinions about or discussing matters of official Town business, such as a potential new regulation or property development.”

B. dealt with Sunshine…and the response was the same as previously presented by Attys. Abbott and Trevarthen…”One-sided written communication- from one commissioner to another, with no response and no interaction- is not a violation of Sunshine Law.”

“C. Do the Normal Rules for Production of Public Records Apply to the Individual Town Commissioners as They Respond to Such Requests?

YES. THE NORMAL REQUIREMENTS– TO ACKNOWLEDGE THE REQUEST AND RESPOND WITHIN A REASONABLE AMOUNT OF TIME, BASED ON THE SCOPE AND COMPLEXITY OF RESPONDING TO THE REQUEST AND TO REDACT THEM AS NECESSARY TO APPLY ANY STANDARD EXEMPTIONS—APPLY. See Tribune Co. V. Cannella 458 So. 2d 1075 (Fla. 1984).

The person producing these public records also has the ability to CHARGE A SPECIAL CHARGE IF THE NATURE AND VOLUME OF THE RECORDS TO BE INSPECTED REQUIRES EXTENSIVE USE OF INFORMATION TECHNOLOGY RESOURCES OR EXTENSIVE USE OF CLERICAL OR SUPERVISORY ASSISTANCE. See Section 119.07(4)(d) Fla. Stat. “EXTENSIVE ” HAS BEEN INTERPRETED BY THE COURTS TO MEAN REQUIRING MORE THAN 15 MINUTES OF TIME TO LOCATE, REVIEW FOR ANY EXEMPTIONS, COPY AND REFILE THE PUBLIC RECORD. See Florida Institutional Legal Services, Inc. V. Florida Dept. of Corrections 579 So. 2d 267 (Fla. 1st DCA 1991).

The charge must be REASONABLE, and based on the cost ACTUALLY INCURRED in responding. See section 119.00 (11), Fla. Star., and Board of County Commissioners of Highland County V. Colby, 976 So. 2d 31,37 (Fla 2d DCA 2008) If copies are requested, the PERSON PRODUCING the records CAN CHARGE A REASONABLE FEE FOR MAKING AND PROVIDING COPIES. See Sections 119.01 (1) and 119.07 (4), Fla. Stat. THE REQUESTOR IS ENTITLED TO REQUEST AN ESTIMATE OF THE TOTAL COST, AND THE PRODUCING PERSON MAY REQUEST A DEPOSIT TO SECURE THAT AMOUNT.”

“III. CONCLUSION

The emails in a Town Commissioner’s private email account may be public records subject to disclosure if they involve another person, relate to official Town business and are intended to perpetuate, communicate or formalize knowledge. The provision of such Commissioner public records, directly or indirectly, to another Town Commissioner is not a violation of Sunshine Law. Those commissioners receiving such public records are reminded not to respond to or interact with other commissioners in any way about these records outside of a public meeting. The normal rules are applicable to the persons individually responding to these public records requests, including the requirement to respond within a reasonable time based on the circumstance and the ability to charge fees if extensive amounts of resources or time are required to respond.”

“Please do not hesitate to contact me if you have any questions about it or would like to discuss this matter.”

BC-There you have it…but is it enough…this opinion from the Town Attorney?… Commissioner Dodd was contacted by the Town Manager to see if he wanted to remove his agenda item, now having his questions answered….He responded “absolutely not!”….He said he’s “going for bear!”….

He does not intend to leave it at this…There are many other questions that require  the Attorney General’s opinion…..and some updated answers….

A few to consider, the confidentiality that might be included in a “header” of an e-mail from a constituent, and/ or friend…The confidentiality/ may not be reproduced etc… that is included in an e-mail  from a business/ Atty. …. advisory form of e-mails in that capacity before, during or after an election such as e-mails that are involving Town related business but are strategy to run a campaign….and of course allowing a sitting elected official (Vice Mayor McIntee) to effectively cut off a method of communication that provides many their only avenue to communicate by fearing retribution for having done so! ….

Commissioner Dodd also informed the Town Manager that with this “targeted” PRRs  for only the Mayor and himself….Vice Mayor McIntee may have “opened the floodgates” for  PRRs for 3 1/2 years from Vice Mayor McIntee…and his pal Comm. Silverstone  along with Comm. Clottey for her time in office…from ALL of their e-mail accounts and town phones!…….

This writer has many of what those PRRs would entail from the past years…as sender/ recipient/ Cc.  concerning the 3 commissioners ….(including at the last election)…..the undertaking would be massive from just these!… The emails are similar to what is being asked for under “Town related business” …which includes….advice, election strategy, opinion, forwarded emails from others,with and without their knowledge (including those still left by the VM’s side) and much more…YIKES!….

In the end it still comes down to this ….While it may be legal and within his “rights” …. he has either he has lost his mind, or had some very bad counsel (most likely not by e-mail) and has now entered into what may well be “the straw that broke the camel’s back”…in his attempt to be re-elected in March 2010…(So many, many straws!)….

There is no way out now for Vice Mayor McIntee….If he does not comply with the long overdue request from Mr Brandt he is in trouble per the laws…….If he withdraws his PRRs, it will not be forgotten and it will not go away…. Again, he has stopped many residents from any future communications by e-mail to their elected officials….He has cost the taxpayers time and money going down this road thus far….and if he goes for broke and keeps his PRRs intact….we will be diverted from Town business to require more opinions from the state and perhaps beyond….We’re likely left to deal with multiple lawsuits for producing documents and hard drives…and whatever else is not forthcoming……

This Mc-vasion of privacy…..is madness….March Madness!

Thanks, Vice Mayor!…..

more to come….

Post Division

Here’s The Scoop … Why Are They Chasing Their “TALES”? ….

August 22, 2009 by Barbara

LBTS TOWN ADMINISTRATION IS “SPINNING” …. “TALES”…. ….

Dear Readers…There’s a real problem when actions are made without thinking through what the consequences may be of those actions …..That seems to be the case with the change in the Town’s policy of no longer opening up and reading “aloud” RFP bids at the time and place advertised…(prev. posts) This incredibly stupid move has spawned more incredibly stupid moves….that come from chasing the “tales” made from stopping what is done in every town around!… A call by this writer to Hollywood, the previous town represented by former Town Atty. Dan Abbott produced the response of “yes they open and read aloud the bids”, it states the same online  for Hollywood- “All formal bids are opened in the public, read aloud in the  specified  location”….  In neighboring towns on their websites is more proof that LBTS is acting counter to the norm……..Deerfield Beach-”publicly opened and read at the time and place specified on the bid documents”/ Pompano Beach ” All bids are opened at indicated time and date in public and read aloud in the Purchasing Division offices”/Miami Springs (where the Town Manager Colon worked prior to LBTS)- ” All sealed bids advertised to be received by the City shall be opened and read publicly”

And low and behold when Googling The City of Sweetwater, (Town Manager Colon’s 1st employment in a municipality)up popped the  8/5/09 Miami Herald article about a decision to pass an ordinance in August that modifies their previous procedure for opening sealed bids on competitive city projects by having a committee of 3 people open the bids prior to a commission meeting and forward to the Mayor for review….The article states that before this change the bids were opened at the commission meetings, forwarded to the mayor for further analysis and then put on the next month’s meeting for selection…”Hmmm….

A quick re-cap on why we are where we are……. on July 29, 2009 there was an RFP opening of sealed bids…it was the first time the Town said they would not be reading “aloud” the bid prices…The excuse made ranged from the time, with the impending continuation of the July 28, 2009 Commission meeting ready to go a half hour after the set 2 pm time published for the bids….to the Assist. Town Manager stating they had problems with companies providing faulty tabulations and they were going to take them open them tabulate and then they would be available 10 days later with a PRR….Previous posts show that this did not sit well with this writer… From there a PRR was requested by this writer and Comm. Dodd asked for an opinion from the Town Atty. along with putting it on the 9/9/09 agenda…On 8/11/09 there was a 2nd RFP sealed bid opening in Jarvis Hall where 14 bidders (per this writer’s count) attended ( there were 16 bids) for the Commercial Blvd drainage project and were met with the same stupidity of not having the bids “read aloud” despite the bid  packages they all received saying they would be… The BSO was called in…Company reps were dumbfounded…outraged and many made quick calls to their offices ….The Town Manager “lead” the Assist. Town Manager in repeating the same ridiculous reasons as were made to this writer on the 29th… The  Town Manager made sure that Assist. Town Manager Olinzock informed all of being able to pick up the bid info 10 days later… and after a question from this writer about a fee, Assist. Town Manger Olinzock said there would be none….The Town Manager also declared the bidders could contact the Town Atty. for an opinion… I went in and made a PRR for that “opinion”… (prev. post)… It was not an opinion …it was a series of e-mails between the Town Manager, Assist. Town Manager Olinzock and the Town Atty. who stated it was not a legal opinion, stating she did not have the RFP and was going on just what info was provided per the Assist. Town Manager…  “Tales”were told …semantics were front and center …what would you call an “evaluation”…”tabulating”?…as Assist. Town Manager Olinzock said was the reason for no more prices being “read aloud”…

“All proposals are in the process of being verified by staff for responsiveness and checked for mathematical accuracy because there have been instances in the past where proposers or bidders have not properly calculated the amounts shown” per the Town Atty’s e-mail …which followed up with ” Town staff is not evaluating or ranking the proposals, because such a ranking process was not identified as part of this RFP. All evaluation and selection is to be done by the Commission.”…HUH?…

The Town Manager sent back the following …” Perfect Response  Susan (Town Atty. Trevarthen) FYI- administration will provide a recommendation to the commission after review of analysis with staff.”…

  • Main Entry: eval·u·ate
  • Pronunciation: \i-ˈval-yə-ˌwāt, -yü-ˌāt\
  • Function: transitive verb
  • Inflected Form(s): eval·u·at·ed; eval·u·at·ing
  • Etymology: back-formation from evaluation, from French évaluation, from Middle French evaluacion, from esvaluer to evaluate, from e- + value value
  • Date: 1842

1 : to determine or fix the value of
2 : to determine the significance, worth, or condition of usually by careful appraisal and study

Furthermore…. How embarrassing that any of the companies who made the same request for the Town Atty’s opinion would be in receipt of the e-mail exchanges!

Since then this writer was sent an e-mail from PIO D’Oliveira (prev. post) informing me that the PRR for 7/29/09 was ready at a cost of $47.58 for the 9 IT bids..

MORE E-MAILS FOLLOWED……..on the RFPs…

Thursday, August 20, 2009 10:27 AM
From:”Barbara Cole”

To:
“Steve D’Olivera”
Steve, I would like to pick up the 3 requests…the May 22,2007/Town Atty. opinion and if possible the free sheet of the 9 IT bidders prices. Please respond. Barbara Cole

After not hearing back form Steve, I  went in to pick them up…….Town Clerk White and I had a little exchange where she said I requested the 9 bids and they copied the packets…I said I assumed it would be a sheet of prices as would have been the case if the Town “read aloud” the bids as done up until that day…She said I needed to be more “specific ” in the future with my PRRs…I answered “No, the Town needs to inform me per the Florida State Statutes if there will be more expense than copying fees”…..After my return home I received the following e-mails from PIO D’Oliveira ….

From: “Steve D’Olivera”
Date: Thu, 20 Aug 2009 14:36:40 -0400
To: Barbara Cole
Subject: RE: PRR Follow-Up

Hi:

When I called to see if this was ready, I was told you were in Town Hall.

steve

Thursday, August 20, 2009 2:42 PM

From:

“Steve D’Olivera” <steved@lauderdalebythesea-fl.gov>

To:

barbarafcole@yahoo.com

Barbara:

The Town Clerk has asked me to ask you to submit a separate Public Records Request every time you ask for a new set of records or documents, as opposed to just hitting reply on a previous e-mail.

We hope it’ll make things easier to track.

With that in mind, could you submit a PRR to me requesting the IT sheet?

Thanks.

Steve

Thursday, August 20, 2009 2:45 PM
From:
“barbarafcole@yahoo.com”
To:
“Steve D’Olivera”
Yes, I was up that way. I asked June to inform me going forth of any charges over copying costs. I did not accept the IT bids for 47.58 due to believing it would be 1 sheet of prices as I would have written down if it were read aloud as was the case at all prior bid openings. Please let me know of any extra costs prior on any PRR I have in the works or submit in the future so we’re all on the same page. Thanks, Barbara
Thursday, August 20, 2009 3:09 PM
From:
“Barbara Cole”
To:
steved@lauderdalebythesea-fl.gov
PIO D’Oliveira, as per your e-mail.
1. I request the sheet of bid prices as to be provided to the 9 bidders of the IT RFP that was not read aloud on July 29, 2009.
2. I request the sheet of bid prices as to be provided to the 16 bidders of the Comm. Blvd. drainage project RFP not read aloud on Aug. 11, 2009.
3. I request the sheet of bid prices as to be provided to the 3 bidders of the Parking Citation Process RFP not read aloud on Aug. 11, 2009.
4. I request the sheet of bid prices as to be provided to the bidders of the Sewer and Storm Drain RFP probably not to be read aloud on Aug 27, 2009.
Please let me know when they are available for pickup.
As per prior e-mail to you /discussion with Town Clerk White today, please let me know if there are any costs above copying and if so will that be charged to the bidders as well.
Thank you, Barbara Cole
From: Steve D’Olivera
Subject: Recent PRR on bids
To: barbarafcole@yahoo.com
Date: Friday, August 21, 2009, 2:55 PM
Barbara:
Town Hall does not have a sheet of bid prices. You are welcome to come to Town Hall to view the RFP packets as a public record without charge.
The Sewer & Storm drain RFP’s have not been received.

Steve

Friday, August 21, 2009 5:08 PM
From:
“Barbara Cole”
To:
“Steve D’Olivera”
Steve, Now I am really stumped by the Town’s recent action to change the process of reading the bid “aloud” at the bid opening time published in the newspaper /bid package and on the Town board.
Are you saying that each bidder will need to come back to the Town and take staff time 10 days business days ( stated time frame by the Assist. TM at the last 2 bids) after the bid date to inspect the bid packets?
This seems to be contrary to the Assist. Town Manager’s statement on 7/29/09 when said the reason they would no longer read them “aloud” was faulty tabulations made by bidders and on 8/11/09 when he said there would be no fee for just the prices.
You will have just from the 3 RFPs on those 2 dates 29 people who will require a viewing if they want to see the bid packets.
In my e-mail PRR I stated the RFP for sewer and storm drain was on 8/27/09, I just added it to the list to not have a separate PRR.
I await a response, Barbara

So here we are today… a change for no reason of how the Town will deal with RFP sealed bids led to ……Town Atty. time and non-opinions…Public Records Requests…e-mails….Commissioner time….. added time for staff for public viewing of RFPs ….Town Atty. opinion expected before the 9/9/09 Commission meeting…Agenda item….Commission time…the expected “heated ” dais exchange…motions needed to change the LBTS purchasing manual to reflect RFPs being “read aloud” to reflect the bid publications and be in line with other towns ….(finding out why the RFP page [19] was revised without the Commissions consent)… and more bad  P.R. for the LBTS Town Administration … and the never ending “tales” they keep “spinning”!

more to come….

Post Division

Here’s The Scoop….Update … PRR FOUND ….

August 19, 2009 by Barbara

BUT…THE  $47.58 COST… …STILL UNFOUNDED! ….

Dear Readers…an update …Looks as thought this writer did request the 9 IT bids…but did not recall…and the e-mail from PIO D’Oliveira stated the request was on 8/6/09…(prev. post)…Turns out the request was made on July 29,2009 (see below)…BUT… while the “lost” request was “found”…the charge of $47.58…is still “UNFOUNDED”!…

“FOUND” E-MAIL ….
Wednesday, July 29, 2009 9:18 PM
From:
“Barbara Cole”
To:
“Steve D’Olivera”
Steve, I would like to make a public records request the bids for the 9 companies whose bids were opened but not read on July 29, 2009 at 2 pm in Town Hall for the IT bid 09-0602
I find it most disturbing that transparency was suddenly thwarted at a bid process.
Please contact me when it will be ready. Barbara Cole

TODAY’S E- MAILS…
PRR Follow-Up
Wednesday, August 19, 2009 10:42 AM
From:
“Steve D’Olivera”
Add sender to Contacts
To:
barbarafcole@yahoo.com
Hi:

The Town Clerk says you did request the IT info for the 9 bids in a July 29 e-mail. If you do not wish to pick it up, please let us know.

Steve
Wednesday, August 19, 2009 10:56 AM
From:
“Barbara Cole”
To:
“Steve D’Olivera”
Steve, I checked, and I did indeed make that request.. ..I was thrown by your 8/6/09 date supplied in the previous post. I did not check back further in my saved e-mails to verify and did not recall it.
I do not think the cost of $47.58 is reasonable. I respectfully ask for the sheet that John Olinzock said would be available without a fee at the August 11, 2009 Jarvis Hall RFP bid “non- read aloud” meeting.
Please let me know when that is ready, and I will pick up all 3 PRRs.
I also ask that going forth I am informed of any additional costs per the 119 statute (sent to you yesterday) before the process begins as it was done previously for Mr. Brandt.
I await your response, and thank you for finding my request.
Barbara Cole

more to come….

Post Division

Here’s The Scoop … What Does $177.19 Buy Ya? ….

August 13, 2009 by Barbara

MATERIAL GOODS VS BACKUP MATERIAL…HMMMMMM….

Price: $177.19
Manufacturer: MEK
Part No.: 1848612932

Metal: 14K YELLOW GOLD
Weight: 3.97g
Solid
Casted

Polished

$177.19

OR….
Friday, July 3, 2009 11:24 AM

steved@lauderdalebythesea-fl.gov
PIO d’Oliveira:
4 Public Records Requests
1) A copy of the RFP for the parking -process services published ?…
2) A copy of the Manager’s resume with work experience /academic information given to the Town when she became Finance Director and/or updated since.
3) When available a copy of the invoices, costs,Town Staff hours and cost, all donations individual,contractors, business and organizations, and where proceeds are going to from the 4th of July event, with the final cost to the taxpayers.
4) I previously requested from Town Clerk White the cost to the Town for 3 Weiss, Serota Attys. at the Shade session., again when available from the monthly billing from the firm.
Thank You, Barbara Cole

From: Steve D’Olivera
Subject: Public Records Request
To: “Barbara Cole”
Date: Tuesday, August 11, 2009, 10:37 AM
Hi:

The Town Clerk’s office asked me to let you know that your PRR is complete. This is the one requesting information about the 4th of July and the shade session. The total is $127.19 with a breakdown below.

109 pages x $0.15 = $16.35
7 hours 25 minutes of staff time = $ 160.84

$160.84
+ $16.35
$177.19
- $50.00 Deposit
$127.19

Steve

public records req

Dear Readers …Hopefully the “hiccups” in transition to the new server will allow for a few posts to make it through… Here goes…

For $177.19 this writer collected from Town Hall the above 5 weeks later for #1-3 … and  over 2 months for #4….The answer to the #4 came via e-mail (below)….
The Town Clerk asked me to get this info to you, so I am forwarding it.

steve


Steve d’Oliveira
Public Information Officer
Town of Lauderale-By-The-Sea

Tel: 954-776-3611
Cell: 954-275-2801

————– Forwarded Message: ————–
From: “June White”
To: “STEVE d’OLIVEIRA”
Subject: Response to PRR
Date: Wed, 05 Aug 2009 18:56:41 +0000
Steve,

Please respond to Barbara Cole’s original request on June 8, 2009 at 9:29 AM regarding an accounting of what we pay the Town Law firm for the Shade Session on 6/9/09. That request came directly to me so you probably don’t have a copy.

Thanks

****

Barbara:

As per your public records request dated June 8, 2009 at 9:29 AM

You requested “what we are paying out for the Town Law firm for the shade session on 6/9/09 …. There will be 3 attorneys…. I want to know if we are paying each an hourly wage” to attend. That shade session was conducted in the lawsuit of The Palm Yacht & Beach Club, Inc. v. Town of Lauderdale-By-The-Sea , Florida . While three attorneys attended the shade session, the Town was only billed for the attendance of two of the attorneys, at the Town’s billing rate of $204.75 per hour for 1.2 hours each, for a total of $491.40.

June White, Town Clerk
Lauderdale-By-The-Sea
4501 N. Ocean Drive
Lauderdale-By-The-Sea, FL 33308
Phone: 954-776-0576
Fax: 954-776-1857

So the above response meant the Town Clerk needed to check the invoice from the Town Attorney…time requirement for doing this?

On August 11,2009 this writer went to Town Hall to collect items #1-3 and see just what the e-mail from PIO D’Oiveira could cost $177.19?…

I sat down in the conference room with Office Specialist/Assist. Town Clerk Nikki Smith… she brought to the table my paperwork….109 pages…

#1
1) A copy of the RFP for the parking -process services published ?…

RFP for the Parking Citation  Processing Service…51 pages…that included the RFP/Cash Distribution Report/ Meter Location Maps …

I asked for a copy of the RFP which was already available…staff time required?

#2

2) A copy of the Manager’s resume with work experience /academic information given to the Town when she became Finance Director and/or updated since.

I received a one page copy of the Town Manager’s Resume..(To be posted)…staff time required ?…

#3

3) When available a copy of the invoices, costs,Town Staff hours and cost, all donations individual,contractors, business and organizations, and where proceeds are going to from the 4th of July event, with the final cost to the taxpayers.

I received 57 pages …including page1- a copy of the expenditure recap dated 7/24/9 – previously provided to the Commission/ 50 pages including invoices which shows..Aruba Beach Cafe’ as Bill To/Ship To…with the Town paying US Foods directly on the expenditure sheet/ submissions for reimbursement from Marc and Cristie Furth/ submission for reimbursement from VM McIntee for volunteer pizzas/most purchases and agreements with vendors made by Marc  and Cristie Furth/ the following fun one…

TOWN HALL EAST….INDEED!!!!!

4 recpt

5 pages of donations-previously provided to the Commission…staff time required?/and 1 page with the total cost for staff from Municipal Services Kelli Dwyer to Nikki …

july 4, 2009 staff hours

A one line memo..staff time required?…. For item #3..it should have all been contained in one July 4, 2009 “folder”…so again…I ask staff time required?…

My 4 requests took 5 weeks to 2 months…and …again…

“The Town Clerk’s office asked me to let you know that your PRR is complete. This is the one requesting information about the 4th of July and the shade session. The total is $127.19 with a breakdown below.”

109 pages x $0.15 = $16.35
7 hours 25 minutes of staff time = $ 160.84

$160.84
+ $16.35
$177.19
- $50.00 Deposit
$127.19

The only reasonable conclusion in this writer’s opinion as to time and cost…to make it as difficult and expensive as possible and STOP the flow of public records requests…BUT sorry “GANG” that will not happen….deep pockets that are equal to a deep curiosity to how this Town runs!….

More to come….

Post Division