DODGING THE BULLET….ONE MORE TIME…

“Can’t Touch us”….still holds true…

Last night at Commissioner Comments the “2 Hats” Commissioners… each addressed the latest …(that they are aware of)…ethics complaints made against them …declaring they were dismissed…”An early Christmas present to myself”…said Commissioner Silverstone…relieved and looking forward to making up for those sleepless nights…

In his comments…Vice Mayor McIntee spoke of the “two huge complaints “…being thrown out…He was sorry that the elected official…was not there in the hall… …declared that he was “a poor loser”…all the while incorrectly espousing that the complaint came from the former Vice Mayor…several times …. He went on to say that such charges just make him fight back harder….so expect more….much more…after his comments…we all watched his wife make her way to the front of the room …to get the attention of Nikki..Assistant to the Town Clerk…(the Clerk was at the staff table this evening)…and pass a note to correct the Vice Mayor…that it was the Mayor Pro Tem…who had sent in these charges….he cleared it up  after comments were finished…and offered the former Vice Mayor a few compliments…in addition……

Due to the mischaracterization previously asserted by these 2 concerning the last ethics charges…(previously posted)…when they each insisted …and have often repeated their “version” on the dais and in print… that there was nothing found…purposely “sidestepping” the multiple times “probable cause” was indeed found…and included in the prior report…a look online to check out the facts was required…(the Commissioners were given a “pass”  on June 6,2008….to go forth and not continue the actions that did indeed fall under conflict of interest…)

THE 1ST ETHICS PRESS RELEASE….

June 6,2008- Press Release from the State of Florida Commission on Ethics…(full letter can be found online)…

page 2 & 3….

http://www.ethics.state.fl.us/

THE NEW PRESS RELEASE…

Dec.5th,2008 – Press Release from the State of Florida Commission on Ethics….(full letter should be online soon)…

Page 5 & 6…

http://www.ethics.state.fl.us/

THE PORTION PERTAINING TO THE LBTS COMMISSIONERS….

‘The Commission dismissed the following complaints for lack of legal sufficiency:…….JEROME MCINTEE, Lauderdale- By- The- Sea Commissioner, JAMES SILVERSTONE, Lauderdale- By- The-Sea Town Commissioner’…..

‘The Commission’s reviews for legal sufficiency are limited to questions of jurisdiction and determinations as to whether the charges in the complaint are adequate to allege a violation of the Code of Ethics. As no factual investigation precedes the reviews, the Commission’s conclusions DO NOT REFLECT ON THE ACCURACY OF THE ALLEGATIONS MADE IN THESE COMPLAINTS.’

This writer will withhold judgment until seeing the letter online…will post  when available…

Now …what about the Sept. 10,2008….letter where it states …’Section 112.3143 prohibits a public officer from voting whenever the matter under consideration would work to his own special gain or loss, or to that of an employer, relative, or business associate.’

According to the November VFD Roster the Vice Mayor’s son ( relative)….is a paid Regular VFD member…previous post …VFD category…

http://www.ethics.state.fl.us/Opinions/08/CEO%2008-022.htm

more to come…

Tags: ethics, LBTS Agendas/Meetings, Scoops, VFD
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ETHICS….IN THE EYE OF THE BEHOLDER………

Well here we go again…another month…another Ethics complaint aimed at the LBTS Commissioner-VFD members…

This time according to Vice Mayor McIntee during his Commissioner comments…it came from former Mayor Pro-Tem Clark…HMMM…maybe he was not so fond of hearing the accounts of the election time investigations aimed at certain OG candidates by McIntee’s wife…Moe?….

According to McIntee ….a Press Release with an opinion clearing him and his sidekick is online…and all is well…no bullets here…

Bullet-proof again?….

They are uncompensated …and as reportedly often heard from the Vice Mayor…”They can’t touch us”….so look for their VFD voting to carry on…….business as usual….

A look at the 9/5/08 Press Release…the release itself….dated 9/10/08…on page 6….shows it is actually an advisory opinion concerning employment and voting conflicts with no names or specifics…leaving it open again for interpretation and leaving room for it to repeat the path of the prior Ethics findings that did find probable cause…due to a lack of the specifics being given for an opinion…

Here’s what the Commission adopted…

“Finally, the Commission adopted an advisory opinion concerning employment and voting conflicts. The opinion states that a Town Commissioner can also serve as an uncompensated member of the volunteer fire department which contracts with the Town without creating a prohibited employment relationship or an impediment to his public duty. A voting conflict is not created where a commissioner is uncompensated and is not an officer or director of the department, and the measure being voted on would not inure to his special private gain or loss”…..

BCbythesea…a few questions…about the VFD-Commissioner advisory opinion….

Do the Commissioners still receive the retirement benefits?….

Is Vice Mayor McIntee training the members…in the capacity as a Training Officer?….

If he is …the opinion states….”uncompensated AND is not an OFFICER or director of the department.”…

The rest of the advisory opinion….PAC-Commissioner advisory opinion….

“The Commission opinion also states that no prohibited conflict of interest is created by the Commissioner’s membership in a political action committee, where he is not an officer or director of the organization, and there is no litigation or other relationship between the committee and the Town.”

BCbythesea…the last sentence…….

“AND there is no litigation or other relationship between the committee and the Town.”….

So does this mean…Mayor Minnet and Comm. Dodd…a former member of the CIC are safe…from any recall or any other legal action by the CIC…along with the Town…due to 3 members of the CIC sitting on the dais?….

They would need to “get out” of the CIC before the “hint” of any action …and that would be an iffy public relations moment for each….with questions of what they were involved in and when….possibly leading the current CIC dais members deciding recuse themselves from the vote required…. leaving only 2….just not feasible….so it’s safe to say….expect no legal action from the CIC…for the next 2 years….

Are there more specifics in the Clark Ethics Complaint…recently filed…which may pan out?…..time will tell…..

more to come….

full press release below….

http://www.ethics.state.fl.us/

Tags: Civic Organizations, ethics, LBTS Agendas/Meetings, Scoops, VFD
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