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Here’s The Scoop … Lauderdale- By- The- Sea Taxpayers … Do You Know Where Your Tax Dollars Are? … Part 2 …

DOES SHE HAVE $69,380 DOLLARS OF LBTS PUBLIC FUNDS? …

Dear Readers … The Town of LBTS met on Monday for a “Shade Session” (agenda below w/ link to the 6 min. video) to move forward with the Town of Lauderdale-By-The-Sea v. Esther Colon …in an effort to recover the “public funds” or “public monies” whichever your prefer …both mean the same thing…to recover the taxpayer’s money… The “Shade Session” started 45 minutes late due to a late court reporter and then took an extra 5 minutes for Comm. Clottey to explain why she would not fully participate after all in the session via telephone …She read the following statement…

“Ah, this is a letter that I sent ah, fellow Commissioners I want to thank you, especially Commissioner Sasser for making it possible for me to participate in Monday’s Shade Session via telephone. As I stated during out Roundtable meeting I will be out of town from Saturday afternoon until Tuesday afternoon. After careful consideration I believe it is best if I do not participate in the Shade Session via telephone and ask to be excused from it. The issues that will be discussed at the Shade Session are too important to be compromised by gossip and innuendos. I have emailed our Town Attorney a few questions slash concerns that I would like her to share with you during the Shade Session. Respectfully, Birute Ann Clottey. Ah, that being said, I did have a short conversation with the Town Attorney this morning. I um, I believe she told me I should read my concerns at the beginning. If there are any questions to you at the beginning of the Shade Session. The reason I am doing this is because there have been certain things spoken in town as to whether or not I was going to be alone in the room. Whether somebody else was going to be listening in and like I stated in my letter I think this session needs to be done um, above reproach and I have no problem stepping aside and checking with out Town Attorney as to what went on and with that I yield.”

The Mayor thanked Comm. Clottey and stated Comm. Clottey would not be present for the Shade Session…then asked how to handle it for the record because for a few minutes Comm. Clottey would be present to ask her questions and then according to the statement made prior out in the open Comm. Clottey would then hang up… The Town Atty. stated that was what would occur and with that Comm. Clottey was told to hang on…and the Commission, Court Reporter, Town Atty. , Town Clerk and Town Manger along with 3 Town Attys. including Richard Weiss went into the Shade Session…

“TOWN OF LAUDERDALE-BY-THE-SEA
TOWN COMMISSION
SPECIAL MEETING

Jarvis Hall
4505 Ocean Drive
Monday, June 28, 2010
9:00 A.M
1. CALL TO ORDER, MAYOR ROSEANN MINNET
2. DISCUSSION ITEM

a. Shade Session – Town of Lauderdale-By-The-Sea v. Esther Colon
Pursuant to Florida Statutes 286.011(8), there will be an attorney-client session
beginning at 9:00 a.m. on Monday, June 28, 2010 attended by Mayor Roseann
Minnet, Vice Mayor Stuart Dodd, Commissioner Birute Ann Clottey, Commissioner
Scot Sasser, Commissioner Chris Vincent, Town Manager Connie Hoffmann, and
Town Attorneys Susan L. Trevarthen, Richard J. Weiss and Brett Schneider.
The closed session will last approximately one (1) hour.
3. ADJOURNMENT”

http://lbts.granicus.com/ViewPublisher.php?view_id=2

We understand a suit has been filed and we assume the Town is asking for an Arbitrator which would be the way to go due to this being simply a matter of whether or not former Town Manager was overpaid in her payout by $69, 380.00…

The rest of whatever Ms. Colon is dredging up…from the exchanged e-mails to the Town from Ms. Colon’s counsel… (prev. posts) …with charges of the reimbursement being politically motivated or retaliation….painting her a nefarious character etc… …also questioning her termination and perhaps for good measure attempting to bring back up the big, big loser issue for her supporters in the last election ….using false charges of racial slurs (prev. posts)…are way off the mark…in this writer’s opinion…If the Town is asking for an arbitrator and Ms. Colon / counsel turns it down…judges don’t take kindly to taking a pass on arbitration we are told…especially in contractual cases ….

The Town received another e-mail this week for more public records requests from Ms. Colon per her attorney… Deja vu really …They are asking for “all emails or texts messages to or from members of the Town Commission between the dates of April 14, 2010 and April 27, 2010.”.. The Town Manager explained this was a “broader request in topic, but narrower in time frame.” then the one they received prior (prev. post)… The staff will produce any emails from the Comms. LBTS email addresses but the Commissioners are responsible for any e-mail or texts from their personal computers or handheld devices “that relate to Town business”…Here’s why it’s Deja Vu …Resident Yann Brandt asked for the same broad request in a narrow timeframe and it was the former Town Manager and her staff who assisted in thwarting any such response along with former Vice Mayor McIntee¬† ….in this writer’s opinion…The VM really hit a new low when he admitted on the dais he deleted all of his e-mails and was disingenuous in his assertions of not being able to do e-mail …This writer posted e-mails from the VM showing he was indeed able to email… That public records request ended up at the State Attys. office and was dropped along with the Vice Mayors complaint against then- Comm. Dodd….(prev. posts)…

So what is Ms. Colon looking for in those exchanges?… Sunshine violations?… I cannot believe she will find any from these Commissioners… Exchanges by constituents or others for a new Town Manager?… No biggie there… no crime there… She was terminated for no longer serving at the pleasure of the Commission…so what could it be?…

The only thing the Town Commission is asking of Ms. Colon is to reimburse the Town for the $69, 380 they believe she was overpaid …period…

The only thing an arbitrator needs to decide …in this writer’s opinion is the following…

Is there something in writing that spells out the change in benefits for former Town Manager Baldwin as he stated in his Dec.28, 2001 memo that applies only to him…as the Town seems to think it does…or is there paperwork or Town minutes that give a change in vacation days etc…to all Town Managers going forward as Ms. Colon seems to state it does…

The arbitrator will need to decided if the former Town Manager should have been compensated as a manager for her total years of employment as Ms. Colon seems to believe she should be or as a Finance Director while holding that position and a Town Manager while serving in that position as the Town believes she should..¬† Her predecessors were both hired as Town Managers only…

The arbitrator will also need to decide if the Personnel Policy Manual applied to Ms Colon because it has no differentiation between managerial or non-managerial /non-union employees as the Town believes or if she is exempt due to it not stating managerial /non-union employees as Ms. Colon believes is the correct interpretation..

The final decision for the arbitrator will be whether her severance should include her health insurance as she believes it does or if it is purely salary as the Town believes is the case…

Anything else is legal posturing …and has nothing to do with what the true payout to Colon should be…The only one sullying Ms. Colon’s reputation …in this writer’s opinion…is Ms. Colon and her counsel!…Just maybe the arbitrator will decide to weigh in this point as well !…

more to come….

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