Tuesday, November 1, 2016
The Public Face Vs. The Private Face…
Monday, March 24, 2014
"Deception" (Lisa Mallozzi's DRW Article, Part II)
Monday, March 3, 2014
"Deflection" (Commissioner Lisa Mallozzi's DRW Article)
Tuesday, February 25, 2014
Excellence in Financial Reporting?
(copy of email to Cooper City, City Manager, Bruce Loucks)
During the last Commission meeting, the City Attorney presented his opinion on whether Resolutions create legally binding obligations. That is, whether Resolutions can create obligations in the nature of a contractual relationship. Because the City Attorney confidently advised that Resolutions can bind parties in the nature of an enforceable contractual relationship, I would think considerable questions now exist regarding the the nature of the parameters regarding the CCO-City relationship as set out in the 2003 and 2004 Resolutions. As you are aware, an important part of the 2003 and 2004 Resolutions addressed financial obligations by and between the Optimists and the City.
On the question of any financial obligations to the City from the Optimists, prior to Mr. Wolpin's pronouncement it was my belief the Optimists did not possess anything akin to an enforceable financial obligation in favor of Cooper City. However, I can only look at the problem as a layman, not as an attorney. In attempting to incorporate Mr. Wolpin's analysis into the present realities, I see several problems in a decision to present Mr. Montes de Oca with a "Certificate of Achievement".
(1) No monies were collected by the City from the Optimists from at least January 1, 2007 through around August of 2012. If the 2003 and 2004 Resolutions represent enforceable agreements, the time period just given would result in unpaid fees aggregating as much as (approx.) $250,000 due to the City;
(2) I have been advised by Mr. Montes de Oca, through you and Ms. Poling, the City is unable to account (i.e., provide information) for the receipt of any fees from the CCO prior to January 1, 2007. I have asked for clarification on this issue, but received none. The bottom line appears to be that precisely when the CCO stopped paying nonresident fees over to the City is an open question. Because when the CCO ceased making payments contemplated under the 2003 and 2004 Resolutions is unknown, the amount of unpaid nonresident fees may be greater than $250,000;
(3) Despite the existence of the 2003 and 2004 Resolutions, public records indicate no attempt by the City to ever enforce the payments contemplated in the 2003 and 2004 Resolutions. Public Records produced no invoices, demand letters, letters requesting payments, relevant emails, etc. from the City to the Optimists. In addition, Public Records indicate that no special account into which nonresident fees were deposited exists, or existed, even though such an account was contemplated by the 2003 and 2004 Resolutions;
(4) Despite the legal opinion presented by the City Attorney, aside from the Resolutions there is nothing in the Public Records evincing any intent on the part of the City to enforce the obligation of the Optimists to pay to the City all nonresident fees collected from participants in CCO leagues.
I am not entirely sure what to make of the above. Particularly in light of the City Attorney suggesting the possibility the 2003 and 2004 Resolutions could represent an enforceable legal obligation. Setting aside any legal analysis best left to qualified counsel, the facts so far discovered via Public Record Requests suggest financial mismanagement on the part of the City. A deal was worked out with the Optimists for nonresident fees to be paid over to the City. For obvious reasons, this is what one would anticipate happening to the nonresident fees. Does anyone doubt that nonresidents paying the extra money all believed the extra amount would flow to the City to assist in deferring the expense of City taxpayers maintaining facilities for use by nonresidents? For what other purpose would a nonresident fee be imposed?
I have assiduously sought out the reason(s) why and when payment to the City of nonresident fees ceased. No answers have been provided. Until there is a clear explanation by the City regarding nonresident fees does the Commission actually believe a, Certificate of Achievement for Excellence in Financial Reporting should be presented to Mr. Montes de Oca? The situation is so bizarre and provocative it adds to my suspicion that in order to deflect attention from any allegations of financial mismanagement, the City is prepared to accuse the Optimists of failing to make payments pursuant to an enforceable legal obligation (i.e., the 2003/2004 Resolutions).
The basic, underlying fact set forth herein about nonresident fees not paid/collected is not in dispute. Frankly, with the open questions associated with what happened, or should have happened regarding the nonresident fees, this Commission presiding over this type of ceremony at this time gives off an odor of possible corruption. Until the outstanding financial questions are truthfully and credibly answered, the planned Certificate of Achievement should be delayed. In my opinion, the provocative nature of the ceremony's timing will otherwise work to frame certain questions about the character, judgment and motivations of yourself, members of the Commission, and the Commission's various fellow travelers.
Tuesday, October 29, 2013
Sunshine Law violated? (again?)
Comment from Skip Klauber:
There are four members of the present Commission who fail to understand that minutes taken pursuant a policy of purposefully excluding events “embarrassing” to the City do not comply with either the letter or spirit of the Sunshine Law. It makes little difference if you have ten different video feeds of an open public meeting recorded and available via video on demand, if the minutes required by the Sunshine Law are deliberately meant to defeat transparency. How exactly does the “supplement” of a video cure this problem? By allowing anyone with an interest to watch entire Commission meetings, right. Except, if the minutes purposely leave out events, how are you going to know to watch the video to see what occurred regarding that event?
The intended answer to the above is, of course, you won’t know. You will have no reason to watch several hours of video if you do not see in the minutes anything of interest having occurred. And the policy is quite effective in making sure you will not be going through a few hours of video because you know via the minutes something occurred that made, e.g., the Mayor look bad. Nope. That is kept out of the minutes so as to be hush-hush. Actually, pretty close to secret. Its there on the video, but almost nobody knows to look at the video because the event is scrubbed from the minutes.
Even a non-lawyer such as myself can read the brief Sunshine Law and understand what is necessary in minutes: Neutrality and Accuracy. The policy in effect in this City ensures that neither is met.
The above is so easy to understand that, and let’s be candid, you folks must have a pretty good idea you are acting in derogation of “transparency in governance”. One would have to be an imbecile to miss it. With that in mind, I note:
1) The Commission has never requested a written legal opinion from the Weiss & Serota firm on whether the policy for taking minutes complies with the Sunshine Law. All you have is a sort of oral opinion from David Wolpin, Esq., citing no law, and without the full question even being stated. No responsible fiduciaries would be satisfied by that;
2) Because of his conflict of interest, you have never considered having Mr. (Bruce) Loucks employ outside counsel solely for the purpose of providing a written legal opinion, or even simply requesting the written opinion from one of Mr. Wolpin’s Partners;
3) The Commission will never consider requesting an Advisory Opinion from the Attorney General’s Office. And I do not mean this as an obvious “throw-away” point. Both Mayor Ross and Commissioner Mallozzi would appear to have good reason to join with Commissioner Sims and request an Advisory Opinion from the A.G. As an attorney, Mayor Ross’ should have a genuine interest in the bona fides of a City policy that purposefully excludes from minutes notice of information or events embarrassing to the City (i.e., to certain elected officials?). And during 2008, it was Commissioner Mallozzi who was the most forceful advocate against the abbreviation of Commission minutes.
While it may make very good sense that Mayor Ross and Commissioner Mallozzi would seek an Advisory Opinion, they will do nothing. For personal or political reasons they have chosen to adopt a policy quite close to outright censorship, and each properly fears the consequences of the City’s “scrubbing of minutes” policy being scrutinized.
Wednesday, October 27, 2010
Don’t Be Fooled, Again
As many have come to recognize the ‘politricks’ of Mayor Debbie Eisinger do not have any bounds. As a practitioner of the Judy Stern school of nasty and often vile personal attacks Mayor Eisinger and her acolytes Lori, Amy, Diane, and Commissioner Liza Mallozzi have once again resorted to her favorite tactic of attempting to cloak themselves in the garment of religious persecution in order to gain a political advantage.
This election time the mayor and her appointed favorite candidate Gary Laufenberg, don’t be fooled again, he is of stout Germanic origin with a maternal Italian heritage of which he boasts strongly, are raising a flag against their opponent claiming a anti-Semitic bigotry.
Nothing could be further from the truth. The charge stands empty of both of any evidence or any commentary. In Fact, it appears that the truth while unknown to these accusers is just the opposite. Commissioner John Sims, a strong advocate of religious freedoms, he and only he was a strong supporter of the Jewish Chabad of Nova that had to sue Cooper City to win the right to be in Cooper City. The Mayor and her allies on the commission dragged out the suit for over 18 months refusing to settle it for $10,000 dollars. The federal judge finally settled it and awarded the Chabad $800,000.
When word that Commissioner John Sims had been a strong supporter of the Chabad reached others within the community an organization with a proud heritage, the Jewish War Veterans Post 177, determined that John’s military service record and his efforts on behalf of the Chabad of Nova warranted an invitation to join their group. Commissioner Sims gratefully, and I might add, with humility and pride accepted as a patron member.
As might be expected few outside of his group of friends and the members of Post 177 knew of his membership. Well, when the abominable minions of political detractors found that John’s resume contained a line indicating that membership they attacked with a viciousness of bigotry not seen in this area since the days of the KKK, claiming Sims could not be a member as he was not Jewish. (check with the website)
Not only did two of the Cooper City Commissioners, Mallozzi and one unnamed, and a pseudo civic activist named Diane Sori begin a campaign of harassment by calling national headquarters’ of the Jewish War Veterans demanding reprimanding action be taken against this post. This haranguing culminating in threats of demanding the revocation of the post’s charter, notwithstanding the age of these proud veterans.
I can hardly find the words to express my personal disgust and admittedly anger that persons of this community, two of whom purport to be of the Jewish faith would take to committing such a despicable if not vile and demeaning action to members of such a proud organization. Can we as a community of free loving, tolerant and compassionate people allow this to go unmentioned? I think not.
If there exists a group, both men and women, to whom we all owe a deep and profound debt, I can not think of another more deserving of our respect and gratitude. The fact that individuals chose to disparage, demean and castigate a veteran(s) cannot be deemed a simple political tactic. It must be seen for what it is, bigotry of the most despicable vile nature.
Please, stand with me against this type of crass behavior. It is without exception the most reprehensible act I have seen in many a year. It’s now your turn to standup for what we the citizens of Cooper City know to be an essential part of our being.
Condemn these acts by your action and vote on Tuesday Nov. 2, 2010.
Walt Jolliff
See the Jewish War Veterans' letter click on the link below
Friday, April 4, 2008
Bulletin!
Just received a note from insider source:
ONE
The Tuesday night Commission meeting is being advertised as the Call for Sims to resign. We have been advised that all of the Eisinger supporters will appear and deliver their message as given to them by the Field Marshall Lori Green. It appears that only the propaganda line will be spoken,(the actual details about anti-Semitic remarks will not be available as none have been reported. I wonder how one handles that problem?).
Item being pursued for additional details..
TWO
Look for national media coverage of Debby and her struggle with the truculent and obstreperous Commissioner Sims. National coverage will really tarnish the once illustrious image of Cooper City. Oh Well, what the hell, home pricing was headed to the toilet anyway, why not just flush it for the next five or more years. People will not want to move to this city for some time to come.
The Meeting was cancelled
It is almost unbelievable but the Mayor of this small suburban bedroom community decided since she can not have her way on the selection of the new city manager, (the city charter says that the vote to appoint a new city manager the vote must be 4 out 5 in concurrence, and Neal had the audacity to present his candidate), then she must destroy another individual to secure her political objectives. Case in point, remember Eliott Klieman?
You see, the recent upset of Commissioner Mallozzi over the despicable manner in which Chris Farrell was dismissed has left such a bad taste in her gut that now she will seek to have a good effective and appropriate search for the right person. It should be obvious to all that the slash and burn approach of that delicate master of political ploys, Commissioner de Jesus, leaves a lot to be desired. It also appears that the employees of the city were equally distraught of the manner if not the ‘battle ax in hand’ severance was most unpleasant if not sickening to many loyal and conscientious city employees. Which brings me to the salient point, the Mayor reached out to the religious leaders of this community asking for a meeting on Saturday night at a religious facility (I used that term so as to not embarrass any specific group) apparently to discuss some sort of religious tribunal yielding a resolution or fiat, or decree to demand the resignation of the sacrificial commissioner, in this case John Sims, as Eliott is gone.
If my history memory is reasonably accurate this sort of behavior occurred in the late 1600’s in Salem Mass., they called them called the Witch Burnings and prior to that in Spain during the Spanish inquisition conducted to purge the country of the heretics.
Well, fellow citizens the leaders of the various groups contacted, exact numbers not readily available, being not only educated but intelligent and decent humane beings saw this for what it really was, A HANGING PARTY. Meeting cancelled.
Not to be left unsatisfied, the Mayor who is not one to give up easily, proceeded to alert the sycophants and dilettantes that the castigation parade must be formed for another performance at the next commission meeting. To those of you who are not up-to-date with this well orchestrated home grown (unique to Cooper City) procedure, it is to parade various citizens who are pre-selected and have them vocalize perceived problems in the tone of tirades, admonishments and otherwise fallacious commentary upon the Commissioner du jus, AKA John Sims. Caution to other Commissioners, Don’t turn your head to far or you will be thrown over the side next.
Thursday, March 13, 2008
Closed door meetings are still a staple of Cooper City Government
Our sources (hey, we’ve got a mole...better watch your step!) tell us that the one commissioner present was very closed minded to all vendors except the one she (whoops, we don’t want to give it away now do we?) had a preference for. Our sources and the other vendors tell us that this commissioner was argumentative and just plain rude to all except ATS, her favored company. Thankfully, at the time this was going on, up in Tallahassee the whole criteria of ‘red-light’ cameras, RLC, their legalities and such, was being drafted into Florida law, so this Cooper City ordinance had to be tabled for the time being.
While we are not weighing in at this time about how we feel about this whole ‘red-light’ camera project, (article being developed) we will tell you that we are absolutely appalled how this process was handled. First, where was the competitive bidding process in all this? Unfortunately and unfairly, it was nowhere to be found. One commissioner took it upon herself (slipped again didn’t we!) to pick the company she wanted, at the exclusion of all other vendors with the same, if not possibly a better product. One commissioner personally decided what is best for Cooper City without the input of her fellow commissioners or much less the public. Hey, remember us, the residents, the ones who will be directly affected by this! The public was not even allowed to hear the presentations by the companies because this was a closed door meeting...public keep out! This is how our city is being run! I guess this says it all.
During the election several candidates ran on platforms of open government, only to be told by the mayor that “closed door meetings do not take place in Cooper City“. Well, we can tell you they do, this being a perfect case in point. ALL, and we mean ALL, significant city contracts should be handled during a competitive bidding process in the OPEN at commission meetings or workshops, where the PUBLIC is allowed to give their input and opinions, and where each company can have their products presented in an open and fair manner. One commissioner should not have the right to choose and push through a company of her own choosing without all interested parties being allowed to present their company’s product. This is a democracy for heaven’s sake, not the personal playground of a selected few.