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Here’s The Scoop …Opening Up A Can Of Worms ….. “Fishing” For Hardrives …. Sunshine & Constituents Privacy VS Public Records Request …

August 19, 2009 by Barbara

DA VICE MAYOR IS “FISHING” ….. FOR E-MAILS FROM MAYOR MINNET & COMMISSIONER DODD…

Dear Readers…. DA VICE MAYOR is selective in his desired”catch”…not asking for e-mails from his fellow “gang” members Jimmy-boy and Clueless Clottey…Hmmmm…. A memo (see below) came to the Commission from the Vice Mayor on August 13,2009  (Vice Mayor McIntee was supposed to be out of town on 8/13/09…FLOC convention Orlando) VIA the Town Manager …FROM Town Clerk White.. to his fellow Commissioners and the Town Atty….Why the VIA…because a Commissioner may not direct staff…so Vice Mayor McIntee was asking for the e-mails from the Mayor/Comm. Dodd as the Vice Mayor not as resident McIntee!…He made a Public Records Request for “all Town business related e-mails sent and received from your [email protected] e-mail account between May 1, 2009 and August 1, 2009.”…The second paragraph of the memo “Florida Statute Chapter 119 requires you produce the requested e-mails. Please forward to my attention. Thank you (No signature…for the Town Clerk)…What’s the deal…It’s gotta be payback!…

After Scott Gooding was “reassigned” LBTS resident Yann Brandt sent e-mails to the Commissioners, including the Vice Mayor (see below) as did many other residents outraged over the Town Manager’s actions…He like and his fellow citizens received responses back from the “Gang of 3” that were not to their satisfaction…Mr. Brandt then made a Public Records Request to the Town (see below) and asked for e-mails between the dates of June 1 thru June 29, 2009 to see if there was correspondence concerning the Gooding termination…His request included e-mails from Vice Mayor McIntee’s personal aol e-mail address…This was because the response he received back from McIntee came from the VM’s personal aol. e-mail (see below)…After waiting a month, Mr. Brandt paid $129.44 for the PRR and did not receive all the information he had asked for….He sent in a further request (see below) asking for what was missing and questioning what he had received…including no e-mails from the VM’s personal aol. account….Sometime after this e-mail from Mr. Brandt the Commission’s personal e-mail addresses on the Town website were removed……..The Town Clerk responded (see below) and produced further information…adding the Vice Mayor would be out of town until September 4, 2009 to comply with his personal aol. e-mails…(Hmmm…Aug. 13, 2009 the Vice Mayor made his request for the e-mails for the Mayor/Dodd )…The Vice Mayor is in town this week as many including Mr. Brandt have observed….leading Mr. Brandt to send an e-mail to the Town (see below) stating this fact…The following day August 14, 2009 the Town Manager called the Commissioners to inform them that any “Town related e-mails” received or sent from their personal e-mail accounts should now be forwarded to their Town e-mails….

Well, Readers this follow-up request from resident Brandt appears to have “set” Vice Mayor McIntee off on his own selective “fishing” expedition …Though, there is a one big difference between the one from resident Brandt and this one from Vice Mayor McIntee!

It stems from the fact that it is a Commissioner who is asking for “ALL TOWN RELATED E-MAILS” from  just two of his fellow Commissioners …and the bigger picture…SUNSHINE LAWS & CONSTITUENTS PRIVACY!..

Comm. Dodd was concerned that much of what he is being asked for could violate the sunshine laws and sent an e-mail into the Town asking for the Town Atty. to look into this (see below)…His constituents may feel their privacy has been breached by the action taken by Vice Mayor McIntee….He put it on the Sept. 9, 2009 Commission meeting agenda…Many of the PRR “Town related e-mails” are on topics that have come before the dais…. are still in front of the dais…or will most likely return to the dais…( quite common in LBTS) ….You would think this would constitute a Sunshine Law violation and consequences for the Commissioners if enacted…We hear the Town Attorney disagrees ….and will supply an opinion before the Commission meeting after receiving Commissioner Dodd’s request for an opinion…..

This apparent “payback” action from the Vice Mayor may turn out to be one whale of a tale……..for the upcoming March election!

What trumps what?……

Public Records Request VS Sunshine Laws and constituents privacy……

BEWARE…Constituents….Vice Mayor McIntee wants to see what you did not write to him!

Nice going Vice Mayor….

This “catch” may be the one that overturns your boat!…

Your future opponents thank you!……

E-MAILS….

In a message dated 6/28/2009 12:52:17 P.M. Eastern Daylight Time,
[email protected] writes:

Members  of the LBTS Town Commission,

I am seriously concerned regarding the  dismissal of Chief Gooding LATE
Friday afternoon.  In this  obvious pre-meditated move by the Town
administration, the public safety in  our town is without a leader.

This move also is reminiscent of when our  Volunteer Fire Department was
attacked.

I have spoken to Commissioner  Clottey and attempted to call Commissioner
Silverstone.  There seems to  be a great lack of concern coming from the dais.

My understanding at  this point is that no member of the commission had any
knowledge or input in  this matter.  If you, as a Town Commission member,
accept that our Town  Manager (who lives outside of our Town) control our
public safety without  going through the clauses, without public input, and
without getting Town  Commission input, unilaterally fires our long time police
chief, then I  graciously request your resignation.

As a Town resident, I adamantly  request the following.

– A special meeting regarding this matter as  early as Monday or as late as
Tuesday.
– A vote supporting the Town  Manager’s decision to remove Chief Gooding
– A sworn testimony under oath  by the Town Manager regarding the matter
including: steps taken to remove  Chief Gooding as well as a sworn statement
that NO commission  member was involved in the decision or notified of the
possibility.

It  is not acceptable to me what occured on Friday.  I demand to hear
answers  and see action by the Town Commission.  I will not stand by
and let the
Town Manager run this town as a dictatorship.  If the Town Commission
supports the Town Manager on this, make it reflect as such in a vote on  record.

This is an obvious first attack on our Town police department  by the
administration.  The residents do not support unilateral action of  this
magnitude without ANY public input.

I will  stay aware of any special meeting called on this matter.  I repeat,
THIS IS THE SAME ACTION TAKEN AGAINST US AND OUR VFD.

With  great concern,

Yann Brandt
4537 W Tradewinds Ave
Lauderdale by  the Sea, FL 33308

From: [email protected]
Date: Sun, 28 Jun 2009 17:56:21 EDT
Subject: Re: Re-Assignment of Chief Gooding
To: yannbrandt

The police department surrounded the VFD station with no notice and locked
all the doors and took all the equipment, shutting the VFD down
completely.. The  situation with the Chief is not anywhere near this
type of action.
The Sheriff  has the situation under control the department is covered by
supervisors and no  one is in any jeopardy in out town.  I support the actions
of the Town  Manager and have faith in her actions.  VM McIntee

“Yann Brandt” <yannbrandt>

Monday, June 29, 2009 12:23 PM

Vice-Mayor,

I would like to reiterate my request of my elected officials.
• Special meeting to explain the circumstances surrounding the request for Chief Gooding’s removal
• Sworn testimony by the Town Manager on the matter
Based on your comments,
• Would you be willing to submit a sworn testimony that you had no prior knowledge of the Town Manager’s request for Chief Gooding’s removal?

Yann Brandt
4537 W Tradewinds Ave
Lauderdale by the Sea, FL 33308

June 29, 2009 (Hand delivered and certified mail Public Records Request)

yann B. PRR pg 1

y brandt PRR pg 2
Monday, June 29, 2009 7:00 PM
From: “Yann Brandt”
To:
[email protected], [email protected], “Jerry McIntee” , [email protected], [email protected], [email protected], [email protected]
Cc:
[email protected], [email protected]
Members of the Town Commission,

Based on today’s comments by the Town PIO. I hereby request the following of each member of the commission as well as the Town Manager
• A sworn statement by each member of the Town Commission that no notice or discussion took place prior the Town Manager’s reassignment of Chief Scott Gooding.
• A sworn statement by the Town Manager that she alone took the action to reassign Chief Scott Gooding without public input and input from any member of the Town Commission; including the fact that no member of the Town Commission was notified or aware of the Town Manager’s actions regarding the reassignment of Chief Scott Gooding.
I look forward to hearing your response. It is of utmost importance the members of the Town Commission make it clear that this action was taken unilaterally by the Town Manager.

Yann Brandt
4537 W Tradewinds Ave
Lauderdale by the Sea, FL 33308
Monday, June 29, 2009 7:09 PM
From:
“Yann Brandt”
To:
[email protected]
Mr d’Oliveira,

Would you be so kind to comment in writing as to the reason cited by the Town Manager for the request to remove Chief Scott Gooding. When we spoke earlier on the phone you mentioned
• lack of fiscal responsibility
• improper demeanor
I would like to ensure correct statements by the Town therefore sending this request. Also please send any press release you have sent out.

With Concern,

Yann Brandt
4537 W Tradewinds Ave
Lauderdale by the Sea, FL 33308
Wednesday, August 5, 2009 11:14 AM
From:
“Yann Brandt”
To:
“Steve D’Olivera”
Cc:
[email protected], “Jim Silverstone” , “Jerry McIntee” , [email protected], [email protected], [email protected], [email protected], [email protected], [email protected]… more
Message contains attachments
Letter to EC2.pdf (22KB)
Mr. D’Olivera,

Attached is a copy of my original request of the Town from June 29th. I am concerned with what my month of waiting and $129.44 has given me in form of information. It is the obligation of the Town of Lauderdale-By-The-Sea to be transparent and comply with Public Records Request fully and not choose which items should be responded to. Specifically I am referring to items: 5,6,7, and 8.

For items 5 and 6; Is it the position of the Town that zero (0) emails were sent to/from the Town Manager to/from Commissioner Silverstone and Vice-Mayor McIntee between June 1st and June 29th, 2009? All copies sent to me were e-mails either from Ms. Smith or Ms. White.

For items 7 and 8; My request was specific for ALL emails sent and received by [email protected] and [email protected] I received zero (0) sent or received emails by [email protected] and only the items sent in item 5 for the received portion. The Town advertises the Vice-Mayor’s personal email address and the Vice-Mayor uses this address for replies to the public. As such, those emails are public record. Also, any emails sent to [email protected] must be kept by the Town’s servers for release to the public.

I request for the immediate release of all emails sent and received by [email protected] which I will accept in either paper or digital copy. In the effort of conservation, I prefer digital.

Also, it is imperative that the Vice-Mayor release ALL town related emails from his personal email, not only those that he wishes to have viewed by the Public to you in order to comply with State Statutes. I will continue to pursue full release of records through any avenues available to me by law.

The Town of LBTS must continue to comply with State Statutes on public records and cannot attempt to hide or keep information from taxpaying residents. The cost of the initial request in my opinion was exorbitant and I hope that the Town does not attempt to price residents out of transparency.

I copy all members of the Commission on this email due to the severity of the situation.

With concern,

Yann Brandt
Resident LBTS
Subject: Follow up on Request from June 29th, 2009

Mr. D’Olivera,

Attached is a copy of my original request of the Town from June 29th. I
am concerned with what my month of waiting and $129.44 has given me in
form of information. It is the obligation of the Town of
Lauderdale-By-The-Sea to be transparent and comply with Public Records
Request fully and not choose which items should be responded to.
Specifically I am referring to items: 5,6,7, and 8.

For items 5 and 6; Is it the position of the Town that zero (0) emails
were sent to/from the Town Manager to/from Commissioner Silverstone and
Vice-Mayor McIntee between June 1st and June 29th, 2009? All copies
sent to me were e-mails either from Ms. Smith or Ms. White.

** You asked for all written correspondence between the Town Manager and
Vice Mayor McIntee in request #5 and between the Town Manager and
Commissioner Silverstone in request #6. You received 24 memorandums, 6
emails, and 7 miscellaneous documents. No emails were found between the
Town Manager and Commissioner Silverstone and/or Vice Mayor McIntee
between June 1st and June 29, 2009. **

For items 7 and 8; My request was specific for ALL emails sent and
received by [email protected] and [email protected]
I received zero (0) sent or received emails by
[email protected] and only the items sent in item 5
for the received portion. The Town advertises the Vice-Mayor’s personal
email address and the Vice-Mayor uses this address for replies to the
public. As such, those emails are public record. Also, any emails sent
to [email protected] must be kept by the Town’s
servers for release to the public.

** You requested emails sent or received by
[email protected] between June 1 and June 29, 2009.
I initially understood this request to refer back to the earlier request
for emails with the Town Manager, which is addressed above. Now,
understanding that this request was not limited to emails with the Town
Manager, I have looked further. The items are available for pickup at
your earliest convenience without charge. **

I request for the immediate release of all emails sent and received by
[email protected] which I will accept in either
paper or digital copy. In the effort of conservation, I prefer digital.

Also, it is imperative that the Vice-Mayor release ALL town related
emails from his personal email, not only those that he wishes to have
viewed by the Public to you in order to comply with State Statutes. I
will continue to pursue full release of records through any avenues
available to me by law.

** Vice Mayor McIntee is out of Town through September 4th and will
comply when he returns. **

The Town of LBTS must continue to comply with State Statutes on public
records and cannot attempt to hide or keep information from taxpaying
residents. The cost of the initial request in my opinion was exorbitant
and I hope that the Town does not attempt to price residents out of
transparency.

I copy all members of the Commission on this email due to the severity
of the situation.

With concern,

Yann Brandt
Resident LBTS

The McIntee PRR for Mayor Minnet/ Comm. Dodd …VIA the Town Maanger …From Town Clerk White …Aug. 13, 2009

mayor e-mails
Monday, August 17, 2009 5:07 PM
From:
“Stuart Dodd”
To:
[email protected]
Please forward to the town attorney for a ruling :-

Please also copy to all commissioners with DO NOT REPLY because of a possible Sunshine Violation.

It appears the Vice Mayor has made a public information request for Mayor Minnet’s e-mails and my own. This on the surface appears as retaliation for the request made by Mr. Yan Brandt for the Vice Mayor’s own e-mails. Mr. Brandt was very specific in his request to minimize any inconvenience to the Vice Mayor. On the Surface the Vice Mayor’s request appears to be a “fishing expedition” over a three and a half month period which is unreasonable. I have received over twelve hundred e-mails at this address during that period. I am also surprised that there has been no request for copies of any e-mails sent or received at my Lauderdale-by-the-sea-fl.gov address or for Commissioner’s Clottey’s or Commissioner Silverstone’s e-mails from their computers.

I believe there is a conflict of interest and the Vice Mayor is asking for something illegal. I am unable to release a large number of these e-mails since any information would fall under the “sunshine laws” and could not be released to a fellow commissioner. Town business e-mails for the most part relate to items that will be on the current agenda or could be on a future agenda and voted on by the commission. I have received e-mails regarding Kite Surfing, Trash collection and variance requests to name but three subjects all of which may be on some future agenda.

I look forward to your response.

Stuart Dodd
Monday, August 17, 2009 11:05 PM
From:
“Yann Brandt”
To:
“June White”
Cc:
“Steve D’Olivera”
Ms White,

Please note that I have been advised and have personally seen the Vice Mayor in Town today. Please advise of the new date for the compliance with my public records request.

Thank you

Yann Brandt

much more to come….

Post Division

Here’s The Scoop…Working Backwards…After The Continuation 11/25/08 LBTS Commission Meeting…12/1/08…

December 2, 2008 by Barbara

A CONVERSATION WITH THE TOWN ATTORNEY SITTING IN FOR THE NIGHT…

After the waste of time…12/1/08 continuation of the 11/25/08 Commission meeting…the night’s stand- in Town Attorney was in the parking lot…

He spent some time time talking to Comm. Dodd, his wife and this writer…and inquired if I was the one that wrote the blog….he knew I had written about the Town Attorney Mr Abbott…I said I had …and I spoke about posting links to stories in the paper with Mr Abbott and Hollywood…that I post many stories that involve LBTS…and give my opinion…

He has obviously heard a few choice opinions…as he himself had not been on this site…( I gave him my card)…and spoke of the difference between liking the attorney or crossing the line with calling an attorney “unethical”…I assured him…that I had never posted any such statement….if he was inaccurately informed that I had…

He asked my view of Mr Abbott…and we spoke honestly about where I had concerns…starting with the lack of a 2nd RFP for the Town Attorney position…upon which he reiterated his assertion made at that time…that there are few firms that do what they do…and this spoke of this Town’s reputation…( laughingstock…perhaps?)

We spoke honestly…about the advice I found troubling…from Mr Abbott…the Sunshine rules…that one Commissioner could call or state their position…prefacing for the other not to respond…he agreed with Mr Abbott …saying anyone in their firm would give the same advice…still skeptical…I did ask if he would advise against a Commissioner doing it…he said he would…this caveat…if I remember correctly…. was not part of Mr Abbott’s advice…

He went on to disagree with the recent non- advice from Mr Abbott on the dais in regards to the Coral Key appeal on 11/25/08…to a question of what a “building permit” includes…and told Comm. Dodd he should call Mr Abbott …Comm. Dodd answered he could not…and we informed him of the Vice Mayor’s dais diatribe about Commissioners not calling the Town Attorney individually…The Atty. said it must be “those trust issues”…and referenced the incidents brought forward with the Town Manager …on the dais just this evening…

The Atty. was most informative about other towns…the good…I believe he said…Plantation…the bad…Bal Harbor…and the worst Cooper City…for dais behavior…when the commission gets personal…attacking each other…wasting a lot of valuable time…

Comm. Dodd …once again brought forth his desire to streamline the commission meetings…and have “round table” discussions …open to the public …where the Commissioners could air their grievances in a more appropriate manner…the Atty. said that was done elsewhere…and seemed to concur…it would help…

We explained at the end of the discussion as we did at the beginning…what he observed this night…was “nothing” compared to the usual…after he brought up the personal attacks…the time it took….and wished us well…

more to come…

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