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Here’s The Scoop … More F.O.M. To Take A Hike? …

GONE BUT NOT FORGOTTEN …..

Dear Readers… The hike out of Town Hall and the VFD looks to be continuing as F.O. M. (Friends of McIntee) one by one are being given the old heave ho …

Right after the landslide win almost 100 days ago… came the exit of former F.O. M., Comm. – CIC Candidate for Commissioner- BFF- “Broom Boy” Jim Silverstone… followed by the exit of F.O.M., BFF- Town Photog Marc Furth and his wife F.O.M.& Self Promoting Town Event Planner- CIC Chair -Vice Chair of P & Z Cristie Furth…along with the demise of the 2nd short-lived incarnation of the By The Sea Times… F.O. M.,  (“McIntee is God” ) -CIC-Candidate for Mayor -Vice Chair of the CIC -BOA member Joe Couriel and F.O. M., CIC – candidate for Commissioner Marjorie Evans….

In April the Town Commission voted 4-1 (F.O.M., Comm. “Clueless”  Clottey voted no)….to unilaterally terminate F.O.M., Town Manager Esther Colon who no longer served “at the pleasure of the Commission”… Less than one week later her loyal sidekick F.O.M., Interim Town Manager -former Asst. Town Manager John Olinzock was unilaterally terminated in a 5-0 (Comm. Clottey voted to oust him as well for his actions) vote for no longer serving “at the pleasure of the Commission”… In May his termination was changed to “with cause”….This came after the Int. Town Manager, an indepenednt consultant and the two Attorneys in the Town firm found a $69,380 overpayment according to the inquiry directed by the full Commission on the day Olinzock was terminated into the payout he made within a week of his former boss’ termination despite being asked by the full Commission and the Town Attorneys to not distribute the monies without the Town Attorney’s oversight…F.O.M., Human Resources / Risk MGR. Kathy O’Brien was first suspended with pay while the inquiry was ongoing …After it was finished…she too was terminated by the Int. Town Manager…

This week it looks as if the hikes are continuing on for the F.O.M. leftovers…Leftover after McIntee and his wife  (the “Truth Deflector”)… hiked out of town themselves….for ….it is said the Tampa Bay area…and we surmise, a resurrection of old pseudo police- firefighter hero “stories” for the new ears ….of those who have not yet Googled his name…

This week we heard about F.O.M., VFD Fire Chief Bob Perkins…who many felt was not qualified to be the Chief in 2008 but was promoted to the position to be a “front” for McIntee ..That worked for almost two years ….until Perkins did an apparent about face and took McIntee down with the majority of the VFD members at that fateful meeting last winter when McIntee was not voted in as Fire Chief and was met with a formal complaint filed from an alleged altercation he had witnessed by the complainant while on his cruise just prior to his fall from the Commission and the VFD …(prev. posts)… Now it seems former F.O. M. Perkins himself will be faced with some unsavory paperwork of his own that will leave him no alternative but to take a similar hike from the department…We heard his former friend, McIntee  …sent word he has files available to assist with  Perkin’s, hike  ….OUCH!…. We are told,  Perkins lied on his application to join the VFD in 2005 …it was concerning felony arrests and convictions…..  We hear there were some … That said, it was unnecessary to lie, if he did so….We are also told he would have been allowed to join the VFD in spite of any convictions …as it was 30 years prior to joining…although it is doubtful he would have become the Chief… The real question is this…Did McIntee and Silverstone know?…Not only were they VFD firefighters…they were elected officials…. So if they knew and remained mum …WOW!….

We heard Perkins resigned after a special meeting last Mon. night effective July 1, 2010…We also heard the President of the VFD Ken Johnson informed the Town on that fact the following day……We hear there has been more turmoil inside the VFD in the aftermath of that meeting and resignation… President Ken Johnson was suspended by Perkins in retaliation toward Johnson and another meeting will be held by the Board on Monday night to deal with both the Chief and the President’s suspension… Chief Perkins said in the past the Int. Town Manager is allowed as a non- voting member to all meetings…She needs to be there….

It is said, VFD President Johnson and former Comm. Silverstone met with the Town Manager late in the week  to discuss the fallout from both the resignation…the possible falsified application situation…and the lack of a proper background check …as well as concerns over the insurance coverage for the safety of the department members after the Town received the Pointu e-mail questioning dangerous driving…training and the insurance ……

Perkin’s should not be alone in taking a hike in June ….F.O.M. Development Director Jeff Bowman should be either demoted or shown the exit door…after he was not in attendance for the first P & Z meeting with a newly appointed board last Wed. (prev. Post)…We hear he was in Orlando…What could have been more important?…This was deja vu…for the M.I.A. Director … He was not in attendance at a Special Magistrate meeting last year when it was duly noted by the Special Magistrate the Town was not being represented well and the applicants along with their attorneys were again left high and dry due to their absence (prev. post)…The Wed. night meeting produced an eerily similar comment from  Town Atty. Trevarthen when she stated the Int. Asst. Town Manager was at a disadvantage with no assistance from Dir. Bowman or Code staff…

And now we look to F.O. M. Town Clerk June White…who this week not only has the substandard Oct. 12,2009 Minutes online from the former Town Manager’s Performance Review Workshop meeting for the June 22, 2010 Comm. Meeting for approval …(prev. post) …..

As first reported in the June edition of the By The Sea Future published yesterday, on May 26, 2010 the Florida Elections Commission  “determined no probable cause ” for case No. FEC 09-233 … With that ruling the cover letter for the final report dated May 28, 2010 states “Since the Commission has determined no probable cause, Section 106.25, Florida Statutes, provides that all investigative reports and other documents related to this case are no longer confidential…

A look at the handwritten complaint and photocopied articles including  photos of the UOT  fundraiser at Athena By The Sea filed by Maureen McIntee in her full out “truth deflector” style against Robert Fleishman and Unite Our Town for not filing with the State as a PAC are most disturbing…But alas, the aim was misplaced and rather than hitting her intended “target” …”Mighty Mo”… instead put the spotlight on Town Clerk White according to the report… HISSSSSSS…..

The Commission heard the case on May 18 & 19, 2010 at their regularly scheduled meeting…

“Based on the complaint, Report of Investigation, Staff Recommendations submitted by staff, written statements submitted by Respondent, and any oral statements made at the probable cause hearing , the Commission finds that there is no probable cause to charge Respondent with the following violations:

Section 106.022 (1), Florida Statutes- The complaint alleges that Unite Our Town, a political committee, failed to file with the Department of State, Division of Elections, a statement of appointment for the registered office and registered agent; and

Section106.022 (3), Florida Statutes- The Complaint alleges that Unite Our Town, a political committee, made expenditures and accepted contributions without having filed with the Department of State, Division of Elections, a written statement of change of registered agent.

Therefore if is ORDERED that this case is DISMISSED.

DONE and ORDERED by the Florida Commission on May 26, 2010 in Tallahassee, Florida.”

“Staff Recommendation Following Investigation”…excerpts….

1. On December 9, 2009, the Florida Elections Commission (“Commission”) received a complaint from Maureen McIntee (“Complainant”) alleging that Robert J. Fleishman, and Unite Our Town (“Respondents”) violated Chapter 106, Florida Statutes.

2. By letter dated December 28, 2009, the Executive Director notified Respondent that Commission staff would investigate alleged violations of the following statutory provision:

Section 106.022 (1), Florida Statutes- The complaint alleges that Unite Our Town, a political committee, failed to file with the Department of State, Division of Elections, a statement of appointment for the registered office and registred agent; and

Section106.022 (3), Florida Statutes- The Complaint alleges that Unite Our Town, a political committee, made expenditures and accepted contributions without having filed with the Department of State, Division of Elections, a written statement of change of registered agent.

Sections 106.022(1), Florida Statutes.

3. Respondent, Robert Fleishman, is the current chairman and registered agent of Unite Our Town. Respondent Unite Our Town is a city political committee whose filing officer is Lauderdale-By-The-Sea City Town Clerk (“City Clerk”).

4. Respondents registered as a city political committee with the Town Clerk on or about October 5, 2007. On June 15, 2009, Regis Brady resigned as Unite Our Town’s registered agent. On June 16, 2009, Respondents filed a Registered Agent Statement of appointment form (DS-DE41) with the Town Clerk appointing Robert Fleishman as registered agent. (ROI [report of investigation] Exhibit 2)

5. Section 106.022(1) Florida Statutes, provides that:

106.022 Appointment of a registered agent; duties–

Each political committee, committee of continuous existence, or electioneering communications organization shall have and continuously maintain in this state a registered office and a registered agent and must file with the division a statement of appointment for registered office and registered agent…..2

6. Respondent, however, were required to file their new Appointment of Registered Agent form with the Division of Election (“Division”). 106.022 (1), Fla. Stat.  ALTHOUGH THE TOWN CLERK ACCEPTED AND PROCESSED RESPONDENT’S DS-DE 41, SHE DID NOT KNOW THAT THE FORM WAS REQUIRED TO BE FILED WITH THE DIVISION OF ELECTIONS.

7. Mr Fleishman denied having received a copy of Chapter 104 and 106, Florida Statutes, or a handbook for committees. He also denied reading any election related materials (ROI Exhibit 14) ADDITIONALLY, THE TOWN CLERK HAD NO DOCUMENTATION AVAILABLE TO SHOW WHAT MATERIALS WERE PROVIDED TO RESPONDENTS WHEN UNITE OUR TOWN REGISTERED AS POLITICAL COMMITTEE.(ROI Exhibit 3).

8. On December 28, 2009, Investigator Malphurs spoke to Respondent. During the conversation Investigator Malphurs informed Mr. Fleishman that Respondents were required to file their DS-DE 41 form with Division of Elections. Mr. Fleishman was unaware that the Registered Agent Statement of Appointment form was required to be filed with the Division and THE TOWN CLERK DID NOT INSTRUCT HIM TO DO SO. On January 11, 2010, Respondents filed their new DS-DE 41 form with the Division.

Section 106.022(3), Florida Statutes3

9. Once Regis Brady, Unite Our Town’s original registered agent submitted his resignation to the Town Clerk on June 15, 2009, Respondents were prohibited from making expenditures or accepting contributions until they filed a new DS-DE 41 form with the Division. 106.22 (3), Florida Statutes.

10. Between June 15, 2009 when Regis Brady’s resigned, and January 11, 2010, when Respondents filed a new DS-DE 41 with the Division, Unite Our Town accepted $7,722 in contributions (ROI Exhibit 13), held a fundraiser at Athena By The Sea Restaurant (ROI Exhibit 9), and made $2695 in expenditures (ROU Exhibits 10-13).

11 “Probable Cause” is defined as reasonable ground of suspicion supported by circumstances sufficiently strong to warrant a cautious person in the belief that the person committed the offense charged. Schmitt v. State, 590 So. 2d 404, 409 (Fla. 1991). Probable cause exists where the facts and circumstances, of which an [investigator] has reasonably trustworthy information, are sufficient in themselves for a reasonable man to reach the conclusion that an offense has been committed. Department of Highway Safety and Motor Vehicles v. Favino, 667 So. 2d 305,309 (Fla. 1st DCA 1995).

12. The above facts show that Unite Our Town registered as a political committee with the Lauderdale-By-Th-Sea Town Clerk on October 5, 2007. On June 15, 2009, Unite Our Town’s registered agent Regis Brady, resigned. On June 16, 2009, Respondents filed an updated Registered Agent Statement of Appointment form with the Town Clerk, instead of with the Division, appointing Robert J. Fleishman as its new Registered Agent. THE RESPONDENT’S FILING OFFICER ACCEPTED AND PROCESSED THE NEW REGISTERED AGENT STATEMENT OF APPOINTMENT FORM. THE TOWN CLERK DID NOT KNOW THE FORM SHOULD HAVE BEEN FILED WITH THE DIVISION OF ELECTIONS, AND DID NOT DIRECT RESPONDENTS TO FILE THE DOCUMENT WITH THE DIVISION. ADDITIONALLY, THE TOWN CLERK COULD NOT PROVIDE INFORMATION TO COMMISSION STAFF ABOUT WHETHER IT PROVIDED RESPONDENTS WITH ANY ELECTION RELATED MATERIALS.On December 28,2009, Investigator Donna Malphurs notified Respondent Fleishman that the form was required to be filed with the Division, and Respondents filed a new DS-DE 41 with the Division on January 11, 2010.

Based upon the foregoing, I recommend that commission find no probable cause that Respondent violated Sections 106.022 (1) or 106.022 (3), Florida Statutes.

Respectfully submitted on April 7, 2010 Eric M. Lippman Interim Executive Director”

BC- Time to get a certified Town Clerk in LBTS…who is fully aware of requirements for political committees…and in possession of the proper materials to distribute… At the last municipal election Town Clerk White had the same lack of knowledge when dealing with candidates and what was required to run for office… Add that to an ongoing problem with scheduling and Jewish Holidays… (prev. posts)..enough said… …With the final push coming as it has for those who proceeded her in the previous 3 months…from being a F.O.M…. time to take a hike ….

……………..

UOT MEETING ……
When: June 21, 2010
Time: Monday at 7:00 PM
Where: Assumption Church Rectory

Dear Supporters:

The suggestions are in and the future of Unite Our Town is exciting. Be sure to join us, this coming Monday night, to say good bye to the old and welcome the new. Your vote is needed to finalize this decision. The new Chairperson will be voted in and the new board will be put in place. I intend to continue my support and fervor for our well recognized PAC committee.

I have very good news to share with you all. Unite Our Town has and will be a strong voice of reason for uniting LBTS. You all have become my new extended family and I’m looking forward to the 2012 election.

We will hold our 50/50 raffle, don’t miss it.

Bob Fleishman,
Chairperson for Unite Our Town

more to come….

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