DID HE ASK TWICE?…
In this edition of the Pelican…1/16/09….an article by Judy Vik on Vice Mayor McIntee…being the new LBTS-VFD Deputy Chief…and a possible conflict of interest…arising from the 1/12/09 LBTS-VFD election…. states he sent questions into the Florida Ethics Commission in December……
It was in September …he wrote in a series of questions..(previously posted in scoops/ VFD categories…and on Google…’ethics commission jerome mcintee’).. …link...http://www.ethics.state.fl.us/Opinions/08/CEO%2008-022.htm
He says in the Vik article when asked about the conflict…. “I’m not getting into that. I have nothing further to say.”….
The article goes on to state in Dec…he wrote for an”ethics opinion” on holding the position of deputy chief of the LBTS VFD (while serving as Vice Mayor)….he said he receives no compensation…he also said ‘the Deputy Chief supervises and directs fire operations at active scenes and makes sure all training demands are met by the department members’
He goes on to say…’He has nothing to do with corporate decisions or spending funds.”…
A look at the past LBTS-VFD monthly meeting minutes show…McIntee has a very big role in the decisions of how funds are used and spent…….Maybe this is why there was a sudden change in the Dec. meeting minutes…of not using names for who is directing funds…purchases etc… to keep that direction from getting out?….
The Vice Mayor’s description of the duties of a Deputy Chief do not accurately reflect the current LBTS-VFD Constitution…
Article 3 ….The Line Branch…
Section 3 Deputy Chief…
1. In the event the Fire Chief is unable, for any reason to perform his or her duties, or in the absence of, the Deputy Chief will assume with authority of Fire Chief.
2. Shall assist the Fire Chief at his or her request. Shall follow standard operating Procedures of office.
3.Other duties and responsibilities are outlined in the LBTS-VFD Standard Operating Procedures.
including this one….(previously posted)….and the bottom line for why this dual official role is improper….
Article 2….Section 9….NO OFFICER SHALL HOLD ANY PUBLICLY ELECTED OFFICE IN TOWN….
FROM QUESTION #1….September 10, 2008….
‘You write that you are not an officer or director of the VFD, receive no reimbursement for mileage, uniforms, or other costs, do not have use of any vehicle (except in the performance of your duties), and that other than coverage by the VFD’s worker’s compensation policy for injury sustained in the performance of your duties, you receive no insurance or other benefits from your service. You inquire whether, under the present circumstances, there is any limitation on your belonging to the VFD while the VFD contracts with the Town.’
Section 112.313(7)(a), Florida Statutes states, in relevant part:
CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.-
(a) No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with the state or any municipality, county, or other political subdivision of the state; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties.
It looks like a “repeat” of what came about in the findings of “probable cause”…last summer….whereby the Ethics Commission made it known that due to lack of full disclosure … the answers rendered were incomplete…..
This time around…unless there was full disclosure…which seems highly unlikely…(if there was indeed a second round of questions sent in December)…with McIntee’s “track record”…that they would include the facts…. that the Vice Mayor is now an Officer in the LBTS-VFD…and not just a member… the Deputy chief job description as shown in the LBTS-VFD Constitution…the disclosure of his role in funds being moved within the department…purchases for the department…the fire truck …and recently obtaining quotes for a fire truck canopy…(previous scoops/VFD post)… using Booster funds to purchase ads in the BTSTimes… (contained in the minutes)…..and not following the LBTS-VFD SOP Article 2 …section 9 requirement…for a second time….( the article was enacted in 2004…and the Vice Mayor along with Comm. Silverstone ignored the SOP in their 2006 election to the Commission)….
It is imperative that the Ethics Commission be supplied with yet another inquiry from the Town to give a comprehensive and definitive ruling in this matter….
more to come….
Tags: ethics commission, Local News, Local Politics, Scoops, VFD
