You may wish to more carefully read my last email to you regarding the
authority of the City Manager where I stated that the City Manager establishes
the policies governing "...the City's administrative processes." His authority
derives from Section 4.13(c) of the City Charter which provides as follows:
c. To excercise control and direct supervision over all
departments and divisions of the municipal government
under this charter, or which may hereinafter be created
by the city commission.
Broader policy decisions which go beyond department supervision, of
course, lie with the Commission as a whole. None of this discourse, of course,
changes the import of the public records act which simply does not require that
any state or local government in Florida provide more than the right to review
and obtain copies of public records. We still await any authority you may have
to the contrary.
To the extent you believe your inquiry can be better satisfied by
mediation with the Office of the Attorney General, the City certainly has never
opposed mediation and will not oppose this opportunity.
Thank you again for your continued interst in this matter.
>>>
My dear Mr. Brown:
You are wrong.-á City Commissioners are the only policymakers.-á City Managers
don't get to make policy. It's in our City Code.
See below.
2. The Governor's office provides documents without charge.
3. WILLIAM B. HARRISS' officiousness and-ápettiness is again on display-á --
having his minions waste their time by writing-ápointless letters instead of
faxing the cards, which would have taken 30 seconds.
4. Your running interference-áfor the City on the simplest of requests --
occasioned by EPA's database reporting you in violation -- is
pettifoggery,-áplain and simple.
5. Will you agree to mediation by the AG on this issue? Yes or no?
6..Or simpler still,-ákindly fax me the cards, please and be done-áwith it.-á
Otherwise, who can believe the City's claims?
With kindest regards,
Ed Slavin
471-9918 (h-fax)
819-5817 (o-fax)
Charter Laws 2.02 provides:
Sec. 2.02.-á Powers generally; members to judge own elections, etc.; forfeiture
of office on conviction of crime.
The city commission shall constitute the governing body of the city, with powers
as hereafter provided, to pass ordinances, adopt resolutions and appoint an
administrative officer to be known as the city manager and to exercise all other
powers hereinbefore or hereafter provided. A quorum of the city commission shall
consist of three commissioners, but a less number may adjourn from day to day to
compel the attendance of absent members in such manner and under such penalties
as may be prescribed by ordina
nce and no legislative action on the part of the city commission shall be valid
unless concurred in by a three-fifths vote of all the members of the city
commission. The city commission shall be the judge of the election and the
qualifications of its own members subject to review by the courts. Any member of
the commission who shall be convicted of a felony or a crime involving moral
turpitude while in office shall forfeit his office.
(Laws of Fla. (1925) ch. 11148, -º 8; Laws of Fla. (1929) ch. 14375, -º 2)
Editor's note:-á The last sentence has been altered to read as shown. It appears
to be amendable by ordinance. See AGO 073-25.-á
-----Original Message-----
From: Ron Brown
To: easlavin@aol.com
Cc: 1655@bellsouth.net; JOHN REGAN
Sent: Mon, 5 Jan 2009 11:20 am
Subject: EPA ECHO Website
2. The Governor's office provides documents without charge.
3. WILLIAM B. HARRISS' officiousness and-ápettiness is again on display-á --
having his minions waste their time by writing-ápointless letters instead of
faxing the cards, which would have taken 30 seconds.
4. Your running interference-áfor the City on the simplest of requests --
occasioned by EPA's database reporting you in violation -- is
pettifoggery,-áplain and simple.
5. Will you agree to mediation by the AG on this issue? Yes or no?
6..Or simpler still,-ákindly fax me the cards, please and be done-áwith it.-á
Otherwise, who can believe the
City's claims?
With kindest regards,
Ed Slavin
471-9918 (h-fax)
819-5817 (o-fax)
Charter Laws 2.02 provides:
Sec. 2.02.-á Powers generally; members to judge own elections, etc.; forfeiture
of office on conviction of crime.
The city commission shall constitute the governing body of the city, with powers
as hereafter provided, to pass ordinances, adopt resolutions and appoint an
administrative officer to be known as the city manager and to exercise all other
powers hereinbefore or hereafter provided. A quorum of the city commission shall
consist of three commissioners, but a less number may adjourn from day to day to
compel the attendance of absent members in such manner and under such penalties
as may be prescribed by ordinance and no legislative action on the part of the
city commission shall be valid unless concurred in by a three-fifths vote of all
the members of the city commission. The city commission shall be the judge of
the election and the qualifications of its own members subject to review by the
courts. Any member of the commission who shall be convicted of a felony or a
crime involving moral turpitude while in office shall forfeit his office.
(Laws of Fla. (1925) ch. 11148, -º 8; Laws of Fla. (1929) ch. 14375, -º 2)
Editor's note:-á The last sentence has been altered to read as shown. It appears
to be amendable by ordinance. See AGO 073-25.-á
-----Original Message-----
From: Ron Brown
To: easlavin@aol.com
Cc: 1655@bellsouth.net; JOHN R
EGAN
Sent: Mon, 5 Jan 2009 11:20 am
Subject: EPA ECHO Website
Dear Mr. Slavin:
Thank you for your email correspondence of this date at 9:49 a.m. Your
nquiries raised a couple of issues to which we thought our office should
espond.
First, the monthly DMR reports are due on or about the 28th day of the
onth. The three certified mail receipts show receipt ot the August, September
nd October, 2008 reports on August 27, September 29 and October 24,
espectively. Since September 28 fell on a Sunday, the report date moved to
eptember 29 and, therefore, the report was received on time.
Secondly, the City Manager establishes the policies governing the city's
dministrative processes. The City Commission need not approve these policies.
he City's policy on public records review and reproduction adheres to the
equirements of section 119.011, Florida Statutes, which governs open public
ecords, and the Public Records Manual prepared by the Office of the Florida
ttorney General. The City's policy precludes providing records by facsimile or
mail.
Thirdly, you claim the City's policy is illegal and actionable in federal
ourt as a violation of one of the various civil rights statutes. While we
isagree completly with the claim, we welcome your presentation of any statutory
r case law authority in support of your position. Until persuaded otherwise,
owever, or until City policy changes, the City will continue to mak
e public
ecords available for review and copying in accord with the current policy.
Should you desire to review the DMR records, you may do so at the Offices
f the City Attorney, 75 King Street, Fourth Floor.
Thank you.
No comments:
Post a Comment