Archive for January, 2012

FEMA attacks the Florida Keys

Tuesday, January 31st, 2012

СВЕТИ ГЕОРГИ

 
This is voting day, if you did not vote early. Please vote YES for continuation of the .5 mil tax for school operations.
 
On an entirely different but most important topic, received this yesterday from Jerry Yates:
 

You have been very quiet in regards to FEMA’s latest misadventures. Makes me wonder if there is activity going on in the background regarding legal action, etc.

 
As such, thought the attached file would be of some value. If not, then have fun with it.
 
JY

Executive Summary: Department of Homeland Security, Federal Emergency Management Agency’s implementation, management and execution of the National Flood Insurance Program and the associated Pilot Inspection Program appear to be in direct conflict with specific laws, rules and regulations. Federal Emergency Management Agency (FEMA) employees exceeded their authority by issuing two extensions of the Pilot Inspection Program for flood insurance without agency specified approval. The employees have unilaterally modified requirements found in the Code of Federal Regulations, without agency approval or authority, and applied those modifications in the performance of their duties regarding floodplain management issues in Monroe County, Florida. The employees have mandated that a local government and its citizens be burdened with the responsibility, without funding, for administrative, permitting and enforcement of the Endangered Species Act – a federal responsibility. The employees have issued specific threats of retaliation if the local government did not comply with multiple mandates not authorized by Congress and not codified in US law. The same FEMA employees have also engaged in a long history of abusive behavior using threats and intimidation to coerce a local government and its citizens into compliance with a floodplain management policy that is punitive and inconsistent and presents the appearance of misconduct.

Alleged Wrongdoing

This complaint is in regards to improprieties associated with the FEMA, National Flood Insurance Program, Pilot Inspection Program as codified in 44 CFR 59.30, Subchapter B: Insurance and Hazard Mitigation, Part 59: General Provisions, Subpart C: Pilot Inspection Program.

Who committed the wrongdoing (person, company or organization)?

Mr. Major Phillip May, FEMA Region IV Office Administrator

Mr. Brad Loar, FEMA Region IV Office Mitigation Director

Mr. Prasad Inmula, FEMA Region IV Office, Flood Mitigation Specialist

Possibly other employees

What exactly did the individual or entity do?

Failed to adhere or comply with Executive Order 13132

[Executive Order (“EO”) 13132 click on that link to see it]

Failed to comply with specific aspects of 44 CFR 59.30

 

[44 CFR 59.30 - A pilot inspection procedure. - Code of ... click on that link to see it]

 

Abuse of authority/exceeding authority

Gross mismanagement

Communication of threats; use of intimidation tactics

Punitive, discriminatory, inconsistent policy

Creation of hostile environment

Retaliation

Where did the activity take place?

FEMA Region IV Office, Atlanta, Georgia, and Monroe County, Florida

When did it happen?

Pilot Inspection Program notice was initiated on December 28, 2000 with continuous interaction between FEMA Region IV Office and Monroe County since that date

How was the activity committed?

During meetings, via formal and informal correspondence including emails

Do you know why the person committed the alleged wrongdoing?

No

Who else has knowledge of the alleged wrongdoing?

William Craig Fugate, FEMA Director, Congresswoman Ros-Lehtinen, various Monroe County elected officials, employees and affected citizens, local newspaper reporters

Allegation I – Violation of Executive Order 13132

On April 14, 2011, Mr. Brad Loar, FEMA Region IV Office, Mitigation Director, sent the Mayor of Monroe County, Florida, a letter that stated Monroe County, Florida “must implement and enforce” specific aspects of the Endangered Species Act. This new and unfunded requirement mandates that Monroe County perform administrative, permitting and enforcement responsibilities in support of the Endangered Species Act at a cost to Monroe County that could approach $64,000,000 with an estimated annual cost of $400,000. In a letter dated December 2, 2011, Mr. Brad Loar threatened Monroe County and its citizens with removal from the National Flood Insurance Program if Monroe County did not comply with FEMA’s mandate regarding the management responsibilities of the Endangered Species Act delegated to Monroe County by FEMA. FEMA Region IV Office’s long history of threats and intimidation was articulated in a December 7, 2011 letter from Congresswoman Ros-Lehtinen to Craig Fugate, FEMA Director. FEMA’s decision to mandate unfunded requirements to a local government is in direct violation of Executive Order 13132.

Allegation II – Violation of Executive Order 13132

In a letter dated January 9, 2012, Mr. Major Phillip May unilaterally changed the requirements for Monroe County, Florida’s participation in the National Flood Insurance, Pilot Inspection Program. Very specific requirements for the community responsibilities were previously identified in 44 CFR 59.30. The original community responsibilities for floodplain management requirements found in 44 CFR 59.30 were clarified/modified by Mr. Brad Loar in a letter to Monroe County dated October 7, 2008. The January 9, 2012 mandate by Mr. May and the associated requirements apply additional administrative and management burdens on Monroe County creating additional costs to Monroe County, Florida and its citizens. Additionally Mr. May is mandating that Monroe County enforce aspects of the floodplain management efforts that are out of Monroe County’s realm of authority.

Allegation III – Failed to comply with 44 CFR 59.30

The Pilot Inspection Program requirements, as found in 44 CFR 59.30 Subpart C, specifies in Section 2 “The Federal Insurance Administrator may extend the implementation of the inspection procedure with a new termination date upon the recommendation of the Regional Administrator.” Mr. Brad Loar, a GS-15 employee, notified Monroe County the Pilot Inspection Program was being extended in a letter dated October 7, 2008. 44 CFR Part 2 – Subpart A Organization, Functions, and Delegations of Authority §2.2, Regional Offices (c) Delegated authorities states that “In addition, the authorities of the Federal Insurance Administrator as set forth in §2.31 are not delegated to the Regional Directors.” (emphasis added). By extending the Pilot Inspection Program without the approval of the Federal Insurance Administrator and without appropriate delegated authority, Mr. Brad Loar exceeded and abused his authority in the performance of his duties. In doing so, Mr. Loar created severe hardships on citizens of Monroe County and required that Monroe County expend a significant amount of local funding to continue 44 CFR 59.30 Subpart C mandated floodplain management efforts as well as new requirements mandated by Mr. Loar. Please note that Mr. David Maurstad, Federal Insurance Administrator, resigned on September 13, 2008 and a replacement had not been named when Mr. Brad Loar signed the extension letter on October 7, 2008.

Allegation IV – Failed to comply with 44 CFR 59.30

44 CFR 59.30 specifies in Section 2 “The Federal Insurance Administrator may extend the implementation of the inspection procedure with a new termination date upon the recommendation of the Regional Administrator. Mr. Major Phillip May, a SES employee and FEMA Region IV Administrator extended the inspection procedure in a letter to Monroe County dated January 9, 2012. 44 CFR Part 2 – Subpart A Organization, Functions, and Delegations of Authority §2.2, Regional Offices (c) Delegated authorities states that “In addition, the authorities of the Federal Insurance Administrator as set forth in §2.31 are not delegated to the Regional Directors.” (emphasis added). By extending the Pilot Inspection Program without the approval of the Federal Insurance Administrator and without appropriate delegated authority, Mr. Major Mays exceeded and abused his authority in the performance of his duties. Monroe County is currently expending local funding while assessing the latest extension of the Pilot Inspection Program and the new mandates Mr. May has placed on Monroe County.

Allegation V – Retaliation

Mr. Major Phillip May extended the Pilot Inspection Program and associated inspection procedure less than 30 days after the Director of FEMA received a letter from a Member of Congress that expressed indignation regarding a December 7, 2011 letter from Mr. Brad Loar, FEMA Region IV Office to Monroe County. Contained within Mr. May’s letter were new, burdensome and unfunded requirements not authorized by 44 CFR 59.30 as well as threats to place Monroe County on probation or actual suspension from the National Flood Insurance Program if deem non-compliant. Mr. May’s timing, new unauthorized requirements and threats to suspend Monroe County from the National Flood Insurance Program appear to be retaliatory in nature.

Allegation VI – Abuse of authority, inconsistent policy, gross mismanagement

A history of threats and intimidation by FEMA Region IV employees of Monroe County elected officials, its employees and citizens is well documented in official correspondence. This history of abuse is clearly articulated by a Member of Congress in a letter to FEMA Director dated December 7, 2011. A survey, interviews with local officials in the FEMA Region IV area of responsibility, comparative analysis and review of efforts by Mr. May and Mr. Loar to adjudicate floodplain management issues within the FEMA Region IV Office area of responsibility (eight states) reveals a pattern of very inconsistent, discriminatory and punitive application of floodplain management policy. It should be noted that inconsistent application of floodplain management policy is even occurring within Monroe County, Florida when the incorporated locations are compared with the unincorporated locations.

As one of many examples, in a letter to Monroe County dated Oct. 7, 2008 signed by Mr. Loar, in which he identified the extension of the Pilot Inspection Program, and required that Monroe County accomplish the following to complete the Pilot Inspection Program:

Provide to FEMA a list of insured buildings incorrectly rated as pre-FIRM (Flood Insurance Rate Map) and a list of post-FIRM buildings that the community identifies as possible violations;

Inspect insured buildings at the request of policyholders who received a notice from the insurer that an inspection is necessary in order to renew the policy; and

Demonstrate to FEMA that the community is undertaking measures to remedy the violation to the maximum extent possible for insured post-FIRM buildings that the community inspects and determines to violate the community’s floodplain management regulations.

Please note Mr. Loar’s requirements deviated from the initial requirements provided in 44 CFR 59.30. Regardless of Mr. Loar’s mandated deviations, Monroe County worked diligently during the period from October 2008 until January 2012 to meet the requirements as identified by Mr. Loar. This effort included frequent communications and continuous oversight by the FEMA Region IV Office. There is substantial documentation of correspondence between Monroe County and Mr. Brad Loar and Ms Susan Wilson, FEMA Region IV Office during this period of time. The documentation identifies that Monroe County transmitted over 5,000 letters to insurance carriers, conducted an unprecedented number of home inspections, both internal and external, and corrected a large number of floodplain management code violations in an effort to meet the 2008 compliance requirements identified in Mr. Loar’s letter.

In his January 9, 2012 letter to the Monroe County Mayor and Board of County Commissioners, Mr. Major Phillip May unilateral modified the requirements for the inspection procedure to include:

Continue to identify potential floodplain management enclosure violations; inspect the potential violations; and remedy the violations to the maximum extent possible

Submit a detailed compliance plan no later than March 1, 2012, to the Regional Office, outlining how the County will complete the Inspection Procedure by June 28, 2013

Submit quarterly progress reports to the Regional Office.”

Additionally, Mr. May identified to Monroe County that, even though Monroe County followed the intent of the requirements identified in Mr. Loar’s 2008 Pilot Inspection Program extension letter, the efforts did not constitute community compliance with the mandates of the floodplain regulations. Mr. May now states that Monroe County must submit additional plans and progress reports, perform an inspection on all properties, regardless of status of participation in the National Flood Insurance Program, regardless

of the number of properties that are “in the pipeline” awaiting insurance carrier notification or property owner response. Monroe County officials have no authority to mitigate issues of responsiveness between private insurance carriers and their customers. Regardless, Mr. May is holding Monroe County accountable for such delays and is attributing this deficiency as justification for extending the Pilot Inspection Program. Please note that an Oct. 7, 2008 letter, Mr. Loar specifically stated that as a requirement for compliance, Monroe County must “Inspect insured buildings at the request of policyholders who received a notice from the insurer that an inspection is necessary in order to renew the policy”. Monroe County followed this requirement to the letter. At no time during the period of October 2008 and January 2012 did the FEMA Region IV Office identify that any or all of Monroe County’s efforts were deficient or non-compliant. Just the opposite occurred in which Mr. Loar threatened probation and suspension in a September 30, 2009 letter if Monroe County attempted to deviate from the process that Mr. Loar defined or approved.

In another example of FEMA Region IV Office mismanagement and abusive tactics, Mr. Loar’s December 2, 2011 letter regarding the Endangered Species Act was the first communication to Monroe County in over six months regarding the issue, despite the concerns formally expressed to FEMA Region IV Office by Monroe County in April, 2011. Mr. Loar’s letter also provided less than 30 days for Monroe County to fund and implement the Endangered Species Act mandate contained in Mr. Loar’s letter. Mr. Loar also threatened that if the mandate was not complied with in what can only be defined as a very unreasonable time period, FEMA Region IV office would begin procedures to suspend Monroe County from the National Flood Insurance Program. Thousands of Monroe County residents are dependent on the FEMA flood insurance program in order to retain their mortgage standings with financial institutions.

On March 29, 2011, Mr. Prasad Inmula, FEMA Region IV Office sent an email to Dianne Bair, Monroe County Growth Management and directed a variance to the flood- plain management program issued by Monroe County for Debra and Rory Brown be rescinded. Monroe County issued the variance in order to allow the Brown’s severely disabled son, Darren Brown, to live in an enclosure below a stilted home that is five feet below the base flood elevation. In the email, Mr. Inmula ordered Monroe County to:

Immediately cease issuing variances

Research and review all variances previously issued; rescind such variances and analyze them on a case by case basis

Submit to this office on a monthly basis, a Floodplain Management Variance Report (copy attached)

This is another example of the FEMA Region IV Office exceeding their authority and adding unfunded requirements to Monroe County’s limited staff and budget without regard to Executive Order 13132 and specific requirements identified in 44 CFR 59.30. This also illustrates an apparent ignorance or disregard for the American with Disabilities Act.

Please note the FEMA Region IV Office later reversed their previous decision in regards to disallowing a disabled son to live with his parents. It should be also noted the FEMA Region IV Office was made fully aware of another variance granted by Monroe County in 2004 for a high profile couple. FEMA Region IV never objected to that variance.

In a September 30, 2009 letter Mr. Loar responded to an inquiry from Mr. Roman Gastesi, Monroe County Administrator regarding the repealing of locally generated inspection program specifics in which Monroe County had exceeded the requirements of 44 CFR 59.30 in a show of good faith. Mr. Loar identified that two items Monroe County wanted to remove from the existing inspection program are not related to the Pilot Inspection Program which were:

Requiring property owners to obtain an inspection report if they sell or transfer title to a property

Requiring property owners with below flood elevation enclosures to obtain an inspection report if they seek a building permit and to remediate (sic) any identified noncompliant aspects of enclosures prior to issuance of a building permit

Mr. Loar then stated that Monroe County should not repeal these compliance measures, even though unintended consequences had been created by Monroe County’s additional inspection effort. He further stated “If these measures are repealed, we will request that the County provide us with alternative measures to identify and take enforcement action against non-compliant enclosures in non-insured buildings.”

Mr. Loar’s response interfered with a local government’s attempt to resolve a local issue, knowing fully well the issue was outside the parameters of 44 CFR 59.30 and his authority. Please note the State of Florida later passed legislation (House Bill 407) that stopped lower enclosure inspections when applying for a building permit. In a letter from Mr. Loar, dated October 14, 2011 to Christine Hurley, Monroe County Growth Management Division Director, Mr. Loar acknowledged the passage of House Bill 407 but did not request the County provide FEMA with alternative measures to identify and take enforcement action and did not further discuss the removal of the inspection procedure by the Florida legislature.

Summary: The allegations of wrongdoing by FEMA government employees found in this complaint are valid and fully documented as a matter of public record. Ten years of FEMA Region IV Office’s free reign over Monroe County, Florida allowed abuse of authority, multiple violations of an Executive Order and numerous other activities that are, at a minimum, questionable. The continued overreach by FEMA Region IV Office employees has now resulted in FEMA threatening to remove Monroe County from the National Flood Insurance Program if Monroe County does not submit to demands that Monroe County provide, at local taxpayer’s expense, administrative, permitting and enforcement responsibilities in support of the Endangered Species Act.

 

___________________________

 

I replied:

Felt no call for a long time to hold forth on FEMA and the Keys (County).Whose work product is the attachment? Some of what I saw in a look-over sort of reminds me of Phil Shannon’s positions in some ways. Am going to take some time later to go through the attachment slowly. Perhaps I will be told to publish it, but I think first I would need to know whose work product it is, and what, if anything, it being done to take it farther?As for me generally re FEMA, I get something every now and then from Citizens Not Serfs, the last one maybe a month ago, saying they have been working hard behind the scenes, talking to legal counsel, I think. I tried so hard to get Phil to sue FEMA, he had the means to bankroll it, John November wanted it, would have busted his [butt] doing it. I tried to get Phil to hire Lee Rohe, after Lee had tried to persuade Phil to hire him. Phil just didn’t like litigation, was all I could come up with, and he was certain FEMA’s pilot would end toward the end of 2010, as I recall the timing, but I wasn’t convinced and apparently FEMA did not walk away from the Keys re downstairs enclosures. I said at several candidate forums, and often on my blogs, that if I were put on the County Commission, I would sue FEMA in Federal Court for the people of the Keys, as a dissident county commissioner, sort of like a stockholders derivative lawsuit. I told the County Commission, if it litigated with FEMA over the settlement between it and the environmentalists, over the issuance of federal flood insurance in environmental sensitive areas, which was encouraging development there, the County should make it a double-header suit, and bring in the downstairs enclosures/pilot side of the FEMA-Keys rumble, too. I begged the people who took over Citizens Not Serfs after Phil died to hire John November back, he was interested, he told me the day he “testified” before the county commission about the new state law he had a big hand in getting passed, curtailing to some degree what code enforcement/building inspectors could look for and report after someone pulled a building permit, say, to re-roof or build a new driveway. I also encouraged Citizens Not Serfs to hire Lee Rohe when they announced after Phil’s passing that they were looking for a lawyer to litigate.

Sloan

I followed up:

Hi, Jerry.
 
Have read and pondered some more, what you sent.
 
I still wish to know who is this Complaint’s author and where, if anywhere, the Complaint was filed, and when, and by whom.Is it a Federal Administrative Proceedures Act Complaint? I doesn’t look like a lawsuit complaint.

Sloan

 
Sloan,
 
No formal complaint has been sent and no legal efforts are underway regarding my “product”. I am the original author. I decided to send it to you vice other recepients in case you were working in the background with other entities. I did not want to crossthread Monroe County or others. I thought of sending it to Ros-Lehtenin but realized it would be useless. I also considered a complaint to DHS Office of Inspector General but again did not want to jump into the middle of any local initiatives that may be going down the same rabbit hole. My research may have stumbled onto some previously overlooked mistakes made by FEMA and I wanted to share my discoveries with you for your consideration.
 
You have a unique perspective and if this draft “complaint” has any validity, then I wanted you to “review” it and take whatever course you wanted to take. You have my permission to run with it in any way you see fit to inlcude back channel communicaitons.
 
Of interest to me and possibly to you is this product identifies that FEMA Region IV Office (Loar and May) may not have had authorization or approval to extend the Pilot Inspection Program in 2008 or 2012. It appears this authority rests with the individual who has the title of Insurance Administrator. Additionally the “complaint” identifies that FEMA Region IV Office may have engaged in conduct that is in conflict with an Executive Order and may have exceeded its authority in regards to 44 CFR 59.30, Part C – Pilot Inspection Program by modifying the floodplain management requirements without formally addressing the modificaitons via the CFR process.
 
We both know that this entire “Pilot Inspection Progam” that FEMA Region IV initiated is AFU. The challenge now is how to extract Monroe County from the situation as well as addressing the latest issue (Endangered Species Act). I personally consider the latest effort by Loar and FEMA to be quite disturbing. There is some case law but it gets blurry for an old fart like me. (Hobbs Act?) Again, the real question is “How do we get Monroe County out of this mess?”
 
My question to you pertains to the research I did and is the “complaint” I sent to you regarding any grounds to accomplish the extraction effort from the Pilot Inspection Program. Are the mistakes made by FEMA a way out? Mssrs.May and Loar may have seriously erred in their effort to correct any floodplain management deficiencies that existed in Monroe County and in doing so, did they open up an avenue for Monroe County and its citizens to use their mistakes as a way to get out of the mess we find ourselves in in 2012?
 
I have a lot of respect for you as a person as well as respect for your legal mind. If anyone can help now, it is you. I am just a “scribe” trying to help and believe my research revealed serious flaws in FEMA Region IV Office’s basis for action as well as their methodology and implementation.
 
Respectfully,
 
Jerry

Hi, Jerry.

Thanks for answering my questions, I need to study on and ponder yours even more, although it does come to me to say Bob Shillinger might be interested in seeing what you have put together with a lot of effort and research. I imagine he would love to turn FEMA’s world upside down. The county commissioners and Roman Gastesi and Christine Hurley might be interested, too, for same reason. Will be back to you.

Sloan

 
My dream maker brought in Robert Cintron just before dawn to advise me to run with this today. Robert is known to take up “citizen” causes in his law practice, and he is legal counsel for Key West’s Citizen Review Board since its inception, as I recall. I confess, what Jerry has put together bends my mind more than a little bit. I am not up to speed, but I imagine Assistant County Attorney Bob Shillinger is, since FEMA is what he spends plenty of time on for the County.
 
Right now, Bob is wrangling with FEMA in Federal Court requiring the County to enforce, without reimbursement, the Court’s order that FEMA, not the County, stop the issuance of Federal Flood Insurance in enviornmentally sensitive areas in the Keys. The County tried twice to intervene in that lawsuit as an interested/affected entity, and was not allowed to intervene. Not only is FEMA and the Court telling the County to pay for the enforcement of the Court’s Order, by enforcing the Order the County is put at risk to taking the owner’s of affected enviornmentally sensitive land without fair compensation, which could amount to A WHOLE LOT OF MONEY the county taxpayers will have to shell out to keep FEMA and and Federal Judge happy over something in which the County was given no chance to plead its position. If that ain’t taking of the county taxpayers’ wampum without due process of law, then what is it?
 
To my knowledge, there is no court proceeding between the County and FEMA over the pilot and downstairs enclosures issue, which was the lawsuit I would have filed, pro se, as a dissident county commissioner, had I been elected. In that situation, in my opinion, FEMA and the County are taking Keys property owners’ land without due process of law.
 
The core allegation of that lawsuit would be that FEMA was forcing the County to destroy the entire county’s economy and way of life, by forcing the removal of what I recall was around 7,000 downstairs enclosures built after 1975 (coinciding with FEMA coming into being), in a county with around 70,000 population, with the County’s either express or implied permission, and it was not in FEMA’s enabling legislation or mission statement to destroy counties and ways of life.
 
FEMA’s rationale for the removal of the post 1975 downstairs enclosures was it was trying to save lives, which storm surges would put in jeopardy re people habitating downstairs enclosures. Looked to me that FEMA equated storm surge with tidal wave. Hurricane’s storm surge in 2005 brought a big high tide which put as much as 3 1/2 feet of seawater over much of the lower Keys, flooded thousands of ground-level homes, and caused no loss of life. My recollection, the last storm surge that caused much loss of life was the monster hurricane of 1935, which clobbered Islamorada and Henry Flagler’s work camp after the rescue train was tardy getting down there to evacuate the workers.
 
Hurricane Wilma’s high tide on North Roosevelt Blvd, Key West
 
It has always looked to me that FEMA’s real concern in the Keys is property damage caused by hurricanes, for which FEMA has to pay to people insured under the National Flood Insurance Program (NFIP), and the saving of lives is a red herring. Same for the so-called “hurricane evacuation schedule” the State of Florida requires the Keys to have. What the hurricane evacuation schedule really is, is a measuring rod of how much more development the State will allow the Keys to have, which is why there is always pressure from development interests to lower the estimated evacuation time. An article on point in The Citizen today (keysnews.com). Looks like the evacuation time is to be shortened so there can be more development. Tallahassee led by Governor Growth Scott cares no more about human life in the Keys than does FEMA. Maybe the two should get married.
 
Meanwhile, it is a fact that most full-time Keys residents do not evacuate when a hurricane approaches. What I have never understood is why the US Government provides flood insurance in the Keys, or in any community prone to flooding by natural causes. If the US Government really was interested in saving lives and taxpayer money, it would not encourage people to live in flood-prone areas by providing them with flood insurance. New Orleans comes quickly to mind. FEMA is not rasing hell there, even though New Orleans is below sea level. Apparently unknown to FEMA, the Keys are above sea level. Go figure.
 
As for the unfunded mandate, by which the County is to enforce on its own dime a Federal Court procceding in which the County was not allowed to participate, yep, just another example of the 800-pound gorilla doing whatever it damn well pleases just because it is the 800-pound gorilla.
 
I still think this ought to be on 60 Minutes.
 
Sloan Bashinsky
keysmyhome@hotmail.com

more school district attractions

Monday, January 30th, 2012
School Board candidate, Superintendent of Schools applicant Larry Murray’s reply to yesterday’s cries from the wilderness – our school district post:

Sloan:

 
I thought you put forth a superb argument for why you qualify to be superintendent. I do not particularly want the job either, but when you are called to public service, you need to answer that call. Perhaps you could do it for $65,000!
 
Seriously, the District is in such a mess that it does not take the proverbial rocket scientist to understand that. Perhaps you are correct, that what is needed is a “numbers guy” like Roger. Should I not be called to the Henriquez Building, I would be happy to endorse Roger.
 
Roger and I seldom saw eye to eye when I was on the AFC. He appeared to be more than satisfied with the glacial pace of change. Yet, I was off the AFC for about a month when Roger jumped into the fray over the charter schools with both feet and then some. I applaud both what he said at the meeting and for his shepherding a resolution urging the District to be more realistic in its budgeting.
 
The question I have now for Roger and the AFC is what they intend to do to require the District to engage in a sensible budget drafting process. Experience has taught me that, if you don’t stay on their ass, District officials will ignore you. It is imperative that the AFC be tenacious. Otherwise, the resolution from the last meeting isn’t worth the paper it is printed on.
 
Larry
 
Larry Murray
Citizen Advocate
Candidate
Monroe County School Board
District 3
(305) 872-3087
 
 
Larry responded to the least significant part of yesterday’s post, in which least significant part I plainly disqualified myself as someone who could be Superintendent of our schools. I also disqualified Larry as someone who could be Superintendent. I disqualified all men, and said the School Board, when it is legal to do so, after governor-appointed Superintendent Jesus Jara’s term ends late this year, should appoint a woman. Specifically, I said:

“Looks to me like what our school district needs in the Superintendent’s job is a WOMAN. Yep, a WOMAN. We have had lots of men superintendents and our school district is still in the wilderness financially, and more important, in the wilderness in the way it teaches children. I feel we need a woman who already knows our schools and the bubba system, is respected by teachers and staff, knows where the bodies are buried, and knows how and intends to teach children the correct way. In nature, nothing is more protective of their young than the female. The male is a wimp, by comparison.”

Having served on the AFC for two years, before not having his appointment renewed by School Board member Duncan Matthewson, Larry well knows there is no way the AFC can require the School Board to do anything, because the AFC has no authority over the School Board, just as the School Board has no authority over the AFC. Larry also well knows that the School Board has paid little to no heed to the AFC, since its creation, which seems to have been for show and not for dough. From all I have seen so far, the School Board might as well vote to discontinue funding for the AFC and let the present AFC members’ terms expire without appointment replacements, and in that way put and end to the charade.

If anyone still does not believe the AFC is a charade, consider that at the last School Board meeting, when AFC Chair Stuart Kessler spoke to the School Board for the AFC, instead of insisting that the School Board adopt the AFC resolution for worst case conservative budget with a 6 percent reserve balance, AFC Chair Stuart Kessler told the Board that 5 percent would be as good at 6 percent, which Stuart did not have permission from the AFC to say.

Stuart was the person who first challenged the referendum wording, by arguing that if the referendum was defeated, there would be an immediate tax decrease of .5 mil, and it would then be up to the School Board to reinstante that tax later this year. Yet when he spoke to the Board of this at the last Board meeting, he did not tell them it was his bright idea, but assigned it to some people who had made that argument.

Stuart’s argument that defeating the referendum would cause an immediate tax decrease was picked up and publicly promoted by School Board member Robin Smith-Martin and Larry Murray. Larry made it his mantra for the next several months, and made a big splash in the Keynoter with it. Later, Stuart agreed with me, that his argument was not substantive, yet he promoted it at the next AFC meeting, which is where Larry Murray went very loud with it and it was reported in the Keynoter.

Looks to me the AFC became the referendum’s worst enemy. Looks to me the School Board would be well advised to let the AFC die for lack of funding, lack of support staff, lack of attention, and lack of appointment of new AFC members when the remaining four members’ terms expire. As tight as the the School District’s finances are, it cannot afford frills such as a token AFC the School Board created just for show.

A correction to yesterday’s post, I said Todd German told me School Board member Andy Griffiths and Superintendent of Schools Jesus Jara had spoken with Tallahassee and had been told the “unexpected” charter school enrollment costs would all be reimbursed by the State (which was not accurate, less than 1/3 of those costs will be reimbursed). Todd told me yesterday it was Andy and Stuart Kessler who had spoken with Tallahassee.

Reveived this also from Larry Murray yesterday.

|

Date: Sun, 29 Jan 2012 17:52:46 -0800
From: citizenlarry007@yahoo.com
Subject: Search For A New Superintendent
To: andy@fishandy.com; duncan.mathewson@keysschools.com; rob@keysmedia.com; ron.martinSB@keysschools.com; john.dick@keysschools.com
CC: skinney@keynoter.com; gfilosa@keysnews.com; news@us1radio.com; bigpinenews@aol.com; keysmyhome@hotmail.com; jesus.jara@Keysschools.com; mphelps@keysnews.com; mhowell@keysnews.com
 
Gentlemen:
 
First of all, I would like to compliment you on what I understand will be your decision to include a community advisory committee to assist you in identifying the first appointed superintendent of schools in Monroe County history. In that regard, you will be replicating the procedure that the City of Key West is using in its search for a new city manager.
 
Since this will be the first process for appointing a superintendent, what you do will establish many precedents for future Boards. You could not do anything more important than to bring the citizenry into the process to assist and advise you on what arguably will be the most important decision that you will ever make. Again, I applaud you for your foresight.
 
A volunteer citizen advisory panel, something akin to your successful Audit and Finance Committee, should be especially useful as you conduct a nationwide search for the best candidate available. I assume that you will be looking nationally as that is what the voters were given to believe when they changed the superintendent’s office from elective to appointive. While these are difficult economic times, the cost of a national search is only marginally more than a restrictive or selective one. I do not believe that you want to tell our community that you chose the best candidate available in Monroe County, South Florida and so on. I am sure that you will want to place at the helm of the Monroe County School District the best person that you can find, someone who can provide the leadership that we all desire.
 
Speaking of the first appointed superintendent, the first candidate to announce is the incumbent, Superintendent of Schools Jesus Jara. Superintendent Jara has been on the job for eight months and has established a record that you may know intimately but the public only knows in bits and pieces.
 
Superintendent Jara is a gubernatorial appointee and holds all the power of an elected superintendent. In the normal course of things, the School Board would not be evaluating him. The voters would. However, by standing for appointment, Superintendent Jara has changed the “rules”.
 
If it is the intention of the School Board to consider Superintendent Jara for the position upon the expiration of his gubernatorial appointment, I should think that part of that process would be for the Board to evaluate his performance to date and to make that evaluation public. I believe that the public deserves to know what the Board thinks of Superintendent Jara’s tenure as the Board considers his application.
 
You may consider my suggestion unorthodox, but these are unorthodox times for the Monroe County School District. How unorthodox will be determined, in part, by the results of Tuesday’s vote on the .5 mil referendum.
 
If, in the Board’s opinion, Superintendent Jara has done an outstanding job deserving of continuing appointment, the Board should convey that opinion to the public. Conversely, if the Board believes that Superintendent Jara has been wanting in any way, that, too, should be a matter of public information. That is what the county has done when it discussed the reappointment of the county manager.
 
I should think that Superintendent Jara would endorse my suggestion as I would expect that he would want his candidacy to be fully transparent I believe that we all agree that the search for a new superintendent should be as open as possible.
 
Larry Murray
 
Larry Murray
Fiscal Watchdog and Citizen Advocate
Candidate
Monroe County School Board
District 3
(305) 872-3087

The School Board members were elected to make the tough decisions. They were not elected to appoint a citizen advisory committee to advise them whom to choose as a superintendent, so the blame could be laid on the citizen advisory committee if the superintendent didn’t turn out any better than the last three superintendents had turned out. Frankly, I am astounded that Larry, given how much he rails about cutting fat and even muscle and bone out of the budget, to the point of doing all he could to defeat the referendum, wants the School Board to spend what I imagine will be a hefty sum of taxpayers’ dollars in a national job search for a new Superintendent who would have no clue how things work down here in the Asteroid Belt where nobody can be committed to the State Mental, because the entire Asteroid Belt is the State Mental.

Just look at all the different personalities Larry holds forth publicly, as the State Mental’s Exhibit 1. Just look at the School District’s bizarre history, as the State Mental’s Exhibit 2. Just look at the School Board’s equally bizarre history, as the State Mental’s Exhibit 3. Just look at the fledgling, useless, destructive AFC, as the State Mental’s Exhibit 4. Just read The Citizen’s reporting on our school disctict’s ongoing follies, as the State Mental’s Exhibit 5. To bring in an Earthling to head up our school district would be as insane, not to mention cruel and unusual punishment to the Earthling, as building a dike around the Keys to save it from rising water caused by the Earthlings’ global warming.

Todd German, Chairman of Hometown! PAC and a trouble-shooter for Centennial Bank, once sat on the Montessori charter school board, and now he chairs the new charter high school, after being brought in to try to help them work out their many troubles. Todd and I frequently commiserate over the seeming endless mishaps the School District brings on itself, as if bringing on mishaps is genetic. We discussed last night the peculiar nature of the Keys, and how it went when a mainlander was brought in to be the president of Florida Keys Community College, and how it went when a mainlander was brought in to be the principal of the new charter high school. When I said the Keys are not like anything on the mainland, things are just done differently down here, Todd said instead of blowing the bridges to protect the Keys from the mainland, the bridges should be blown to protect the mainland from the Keys. He said, sure, when I said I might write that he said that.

As for the School Board evaluating Superintendent Jesus Jara, looks to me Jesus (pronounced “Hesus”) has evaluated himself – Res ipsa loquitur, the think speaks for itself, lawyers might say.

Jesus did not move his family to the Keys when he came down here to be the CEO of the School District under Joe Burke, whom the governor appointed to replace Randy Acevedo after he was indicted for aiding and abetting his wife’s embezzlement of school children and taxpayer funds.

Jesus worships the FCAT, instead of God.

Jesus wants all teachers to be robots, devoid of creativity and independent thinking.

Jesus gave away the store and the warehouse in last year’s collective bargaining agreement, after Larry Murray had told Burke and School Board Chairman John Dick the money was not there to fund that collective bargaining agreement.

Jesus made plenty of blunder$ after being appointed by the governor to replace Burke.

Jesus applied for a superintendent job on the mainland, and did not get on the second-look list.

I have gotten to know Jesus somewhat, I like him, but he does not look to me like superintendent material for Florida Keys schools. I think if he is appointed to remain at his post and he moves his family to the Keys, they will end up wishing they had never heard of the Keys.

I said again, the School Board should appoint someone from the Keys to the superintendant’s job. Specifically, a woman who knows the terrain, likes to cut costs, does not believe in robotic forumla teaching, and does not worship the FCAT.

 
There is another a Daffy Duck post at goodmorningkeywest.com today, too. Click on that link and open the Today’s Cock-a-doodle-doo link at the top of the homepage.
 
Sloan Bashinsky

cries from the wilderness – our school district

Sunday, January 29th, 2012

художник на икони 

In The Citizen this a.m.

Referendum approval is critical to district

Over the last three years, the School District has reduced its operating budget from $94 million to $80 million. We are anticipating a loss of $2 million to $5 million for the upcoming school year. If we do not get voter approval to renew the 0.5 mill referendum, we would lose another $9.6 million.

I believe this shortfall in funding would result in not having enough funds to fulfill our educational goals of providing our students the education they are entitled to in order to achieve success.

This year we have been forced to reduce salaries across the board for all employees. We have cut non-classroom administrative positions from a peak of 67 jobs to the current 44 administrative positions. We will continue to make the necessary amount of adjustments to ensure that we balance our budget.

We have made important gains in student performance over the last three years, and have been recently ranked as No. 8 in the state. This is the highest rank our district has ever attained.

We have had to make significant budget reductions this year without fully knowing how these reductions will impact our student outcomes. After all, the results for this year are not yet in.

With that in mind, the threat of facing further reductions for the next school year, I believe, will surely have a detrimental effect on our student outcomes as we will not be able to provide the past and current level of service that has yielded such positive results for our students.

Voters of Monroe County, vote yes for the School District 0.5 mill referendum and allow us to try and continue to improve our educational student services. Contrary to some misinformation that has been bandied about, no matter the outcome of the vote, the tax millage will not change. The vote will only change where the funds can be spent, namely the capital or the operational account.

John Dick, chairman
Monroe County
School Board
A number of times I have opined, if I were John and the referendum fails to pass on Tuesday, I would resign from the School Board and let the people who voted down the referendum deal with the nuclear winter that they caused.

Speaking of which, received this yesterday from the loudest public opponent of the referendum:

Date: Sat, 28 Jan 2012 12:51:04 -0800
From: citizenlarry007@yahoo.com
Subject: Re: charter schools have dibs on surplus schools & privatication of our schools
To: keysmyhome@hotmail.com
CC: rogermcveigh@bellsouth.net; rob@keysmedia.com; ron.martinSB@keysschools.com; john.dick@keysschools.com; andy@fishandy.com; duncan.mathewson@keysschools.com; gfilosa@keysnews.com; skinney@keynoter.com; news@us1radio.com; bigpinenews@aol.com; jesus.jara@Keysschools.com; Ken.Gentile@KeysSchools.com; mhowell@keysnews.com;
mphelps@keysnews.com

Sloan:
 
I read in your blog today that Roger McVeigh has graciously announced his willingness to serve as Superintendent of Schools for the munificent sum of $80,000 per year. He joins the incumbent, Jesus Jara, in throwing his hat in the ring. The School Board has yet to launch its search for a new superintendent and the field is already drawing a crowd.
 
With my Ph.D and fifteen years in higher education, I believe that I am eminently qualified to be Superintendent of Schools. My academic qualifications are enhanced by my two years of service as an activist, citizen advocate on the District Audit and Finance Committee as well as my routine attendance at School Board meetings and workshops where I invariably speak to the issues. The fact that I caused so much consternation in the Henriquez Building during my tenure on the AFC and the subsequent decision not to reappoint me only adds to my credentials. In my humble opinion, I do not believe that there is anyone in Monroe County more qualified than yours truly.
 
As was said of Richard Nixon in 1968, I am “tanned, rested and ready.” Unlike General William Tecumseh Sherman, if nominated, I will run and if elected, I will serve.
 
I would be more than willing to suspend my candidacy for the School Board if my service is required. Should the incumbent find gainful employment prior to the culmination of his appointment, I would be happy to jump into the breach at any moment necessary. As was said of President Warren Gamaliel Harding, I am “the available man” and I am pleased to offer my services for $75,000 per year!
 
I have only one reservation. If the community calls upon me to be Superintendent, I must insist that I be allowed to appoint my own Chief Financial Officer, someone with proven competence and the highest ethical standards.
 
I shall sit back and await the clarion call to service.
 
Dr. Larry Murray
 
Larry Murray
Citizen Advocate
Candidate
Monroe County School Board
District 3
(305) 872-3087
 
Given Larry’s fierce opposition to the referendum, it’s hard for me to imagine the School Board seriously entertaining his offer, and it’s hard for me to imagine the teachers and support staff feeling esprit de corps with Larry at the helm, even if the referendum is approved by the voters this Tuesday. What this school district needs in the Superintendent’s job is someone the rank and file trust and respect. And, as Larry suggests, has the authority to hire and fire anyone working in this school district, it being understood the union has some say so in its teacher members being fired.

I mentioned in yesterday’s charters schools have dibs on surplus schools & privatization of our schools post a nakedconch.com report of AFC member Roger McVeigh’s offer to be Superintendent of Schools, at a salary of $80,000, considerably less than the surrent Superintendent makes, and considerably less than principals and other people make in this school district. Here is that report.

Roger McVeigh for Schools Superintendent!

It’s Time for a Numbers Man.
- Naked Conch – Posted by Matt Gardi – Jan 22, 2012
Yes, I know we just took away the voters ability to elect a Superintendent, relying instead on our five School Board Members to select the chief administrator of our school district. But a guy can dream can’t he? Why would I encourage our School Board to recruit McVeigh for the top dog of our schools?

Aside from the fact he is a smart accountant with high level real world private sector experience, and aside from the fact he’s a likable guy with great communications skills who has worked tirelessly serving on the Schools Audit and Finance Committee, his latest comments regarding budgeting for Charter School enrollment illustrates the fact that he “gets it.You can read about it in an excellent write up by Sean Kinney of the Keynoter here.

The article also illustrates the shortcomings of the most recent School administrators and their approach to budgeting. It covers the “latest” excuse for a budget issue being caused by not budgeting for the worst case scenario, and the result being the need to notify the State that the School District has dropped below the three percent cash reserve threshold, steering the ship dangerously close to a State take over.

Recall that during last year’s fiscal fiasco, Superintendent Jesus Jara had suggested that he had “cut to the bone.” But then, as this year’s fiscal folly unfolded, Jara suggested that NOW he would really start cutting?!!? Really? It doesn’t take a rocket scientist to realize that if you plan for the worst, and things get better, then you actually have a windfall, versus the standard routine run by our gurus of education of continually ignoring reality, budgeting for unrealistically optimistic projections, and then getting stuck in a self created “crisis.”

McVeigh appropriately states the obvious when he says, “When you’re budgeting in a situation like this, you’ve got to budget the cost side at the worst case scenario. Budget estimates are always going to be off. There’s always going to be negative surprises. You’ve got to be prepared if you’re going to provide quality education to the students.”

That’s why I’m calling for placing McVeigh at the helm, it’s time. Before we just assume Jara stays on at the end of his term, and before Andy Griffiths heads off for training and fires up his array of consultants to assist in a “search” for the best and brightest to lead the schools, let’s take advantage of a known resource we have right in front of us. It’s time to look past leaders with an “Education” background and bring in a numbers guy like McVeigh until the fiscal house is back in order. All the well intended education policy in the world is useless if we keep stumbling from financial crisis to financial crisis, unable to reasonably plan for the future.

To top it off, today when I spoke to McVeigh about the idea, he said he’d take the job for $80,000.

 
+++++++++++++++++
 
Looks to me like Roger was asked by Matt Gardi if he would take the Superintendent job, if it was offered to him, and Roger said he would accept the position and at what salarly.
 
Sean Kinnney did not attend that AFC meeting, and he mistakenly reported that our school district will get full compensation from the State for the “unexpected” charter school enrollments this year. However, it was explained at the AFC meeting that the State will only reimiburse $350,000 of $900,000 in “unexpected” enrollments cost our school district (taxpayers). “Unexpected” by Jesus Jara and CFO Michael Kinneer, who used the charter school enrollment figures for the proceeding year, instead of the charter school enrollment projections provided by the charter school principals, which turned out to be “amazingly accurate.”
 
It was the “unexpected” charter schools enrollments discussion at that AFC meeting that led into Roger McVeigh proposing a resolution that henceforth the School Board should adopt a worse-case financially conservative budget with a 6 percent reserve fund balance, which resolution was passed. I can tell you that Roger did not seem very happy that the Superintendent and the CFO had not accepted the charter school principals’ estimates of what their enrollment would be for this year. I was not very happy the Superintendent was not at that AFC meeting to face that music, after I was told ahead of time by Todd German that School Board Vice-Chairman Andy Griffiths and Superintendent Jesus Jara had had conversations with Tallahassee, and all of the “unexpected” charter school enrollment expenses were going to be reimbursed by the State.
 
Alas, if it were so simple as having a numbers cruncher running our school district.
 
The angels who run me taught me the robotic cookie cutter way children are educated in America is seriously bad for the souls of most children. The angels have much the same view of the FCAT, as Baptists have of the devil. The angels very much like the theory of having high school graduates career or college ready, but they don’t like the main focus being on college ready. Nor do they like high school graduates going off to college unready for college-level work. The angels feel all children should have a job skill that will earn them a living by the time they graduate from high school. Larry Murray told me when he was in college he did construction work to get by. By the time I went off to college, I knew how to run a potato chip route. I didn’t like the work, but I knew how to do it.
 
No school I attended taught to college boards, or to the law school admission test. We took those tests cold. Five-term School Board member Andy Griffiths told me some time ago that he had heard of a well-educated successful businessman school board member in another school district, who had taken and had flunked the FCAT. Andy said he was thinking of taking it to see how he would do. In that regard, are two interesting FCAT links from nakedconch.com. If you can’t get the links to open here, go to that website and look in the right-hand menu for the links and open them there. I think it will be well worth you time and effort, and a bit amusing.
 
If, after reading the second link, you do not have the impression that your School Board and Superintendent are publicly talking out of both sides of their mouths about the FCAT, then you should consider becoming a career politician.
 
I told Andy Griffiths the night Mayor Craig Cates was relected, that it looked to me he had become identified with being on the School Board and he should give serious thought to not running again and getting on with the next thing in life his soul wants him to try on. I like Andy, but I do not see he has the grit, straightforwardness and vision to bring this school district out of the wilderness, where it still very much resides, and take it to a higher and better place.
 
One-term County Commissioner Kim Wigington has announced she will not run for re-election this year. Kim and Andy live in the same voting district. Kim’s grit, ethics, dedication, doing her homework, crunching numbers and smarts are exemplary. I have not talked with her about running for Andy’s school board seat, but perhaps she would like to try her hand at helping our school district leave the wilderness and move into something bigger and better.
 
I imagine I have as much formal education as Larry Murray and Roger McVeigh, albeit in different fields: B.A. Economics, minors in Business and English, Vanderbilt University; Juris Doctor, University of Alabama School of Law; Masters in Tax Law, University of Alabama School of Law. I practiced law in the trenches, as opposed to from a corporate law office. I represented ordinary people with ordinary people problems and ordinary legal needs. I probably wrote and published more books, legal and otherwise, not counting what is on my websites, than any author living in the Florida Keys. Non-fiction, fiction and poetry. I taught adult ed classes in Birmingham, Alabama area community schools. All geared toward helping people. It is impossible to pull a fast one on me and get away with it, because if I don’t see it, the angels who run me will tell me. No way would the stuff that happens in our school district happen if I was the Superintendent, without the public knowing about it not later than the day after I knew about it. The meaning of full transparency would be totally revised if I were the Superintendent. However, I am not applying for that job, because I do not want it, I am not a CEO type, I have too much personal baggage I have put into plain view, and my physical health is seriously impaired and I could not put in the required hours and effort.
 
Looks to me like what our school district needs in the Superintendent’s job is a WOMAN. Yep, a WOMAN. We have had lots of men superintendents and our school district is still in the wilderness financially, and more important, in the wilderness in the way it teaches children. I feel we need a woman who already knows our schools and the bubba system, is respected by teachers and staff, knows where the bodies are buried, and knows how and intends to teach children the correct way. In nature, nothing is more protective of their young than the female. The male is a wimp, by comparison.
 
Sloan Bashinsky
 

charters schools have dibs on surplus schools & privatization of our schools

Saturday, January 28th, 2012
Received this yesterday from Todd German, who had received it from School Board candidate Larry Murray. Among many hats he wears, Todd is the “interim” chairman of the newish charter high school now using space at Florida Keys Community College, and I think he might still be on the Montessori charter school board in Key West.
 

Sloan,

 I think I mentioned this to you before. Not sure how or if this might figure into the mix but it is real and can’t be ignored. this may be how Sigsbee was provided to it’s namesake Charter School.

Todd German | Business Development Officer
Tel 305.942.1611
Centennial Bank | 701 Whitehead St | Key West, FL 33040
Web www.my100bank.com | Blog community.my100bank.com

 
From: Stuart Kessler < skessler@kesslerlegal.com>
To: Lawrence Murray < citizenlarry007@yahoo.com>
Sent: Thursday, January 26, 2012 3:04 PM
Subject: charter schools
 
Larry – below is the actual language of the statute, lots of ambiguities to say the least…
 
(e)
If a district school board facility or property is available because it is surplus, marked for disposal, or otherwise unused, it shall be provided for a charter school’s use on the same basis as it is made available to other public schools in the district. A charter school receiving property from the school district may not sell or dispose of such property without written permission of the school district. Similarly, for an existing public school converting to charter status, no rental or leasing fee for the existing facility or for the property normally inventoried to the conversion school may be charged by the district school board to the parents and teachers organizing the charter school. The charter school shall agree to reasonable maintenance provisions in order to maintain the facility in a manner similar to district school board standards. The Public Education Capital Outlay maintenance funds or any other maintenance funds generated by the facility operated as a conversion school shall remain with the conversion school.
 
…apparently there are a lot of ongoing disputes around the State about what the above really means. For example, in our district there are a couple of Charters in former public schools, should they pay rent?
 
Could they claim a right to use Glynn Archer? It is not at all clear.

 

My reply to Todd, copied to Larry and Stuart, who chairs the schools volunteer Audit & Finance Committee

Hi, Todd. Don’t recall seeing/hearing of this before. Could be pretty darn inconvenient, if, say, the charter high school and other charter schools in the Key West area clamored for Glynn Archer. The surplus issue is something Mark Peterson raised at the recent School Board meeting, he said the School District had not satisfied all of those requirements and was not in position to gift Glynn Archer to the city. The way things work down here in the asteroid belt, won’t surprise me if the city and School District/Board ignore whatever is inconvenient, regardless of its probity. Sloan

P.S. The statute seems clear, charter schools can get and do not have to pay rent for surplus schools. No comprende allegations of ambiguity. Must be legalese or political double talk. Ostrich with head in sand comes to mind, also.

 
+++++++++++++++++++
 
 
Because of its size, I could see Glynn Archer housing all charter schools in Key West. Besides economies of consolidation, it might be a lot more convenient location, too.

Todd told me the other day, it was decided at the recent charter high school board meeting, not attended by the press, not yet reported in any newspaper I have seen, that the board decided to explore hiring a private company, which specializes in operating schools, to take over the charter high school, which has suffered ongoing start up problems despite the eagerness of the students and their parents for it to do well.

Todd and I agreed, a private company might be better, given the ongoing display of mismanagement in that charter school. We also mused re the effect of privatizing the School District generally. Todd said private companies, which run schools, are profit-oriented. No fat in their operations.

Our School District privatized the janitorial service and talked of privatizing the lunchroom service. Doubt you’d see a private corporation giving away capital assets, or speculating in real estate deals like Marathon Manor, which had zip zero to do with educating children. The School District’s version of the Hickory House, but it cost a bit more.

Doubt you’d see a private corporation tolerating 500 Key West High School students making up flunked courses online. Doubt you’d see a private corporation tolerating high school students going off to 2 or 4-year colleges, and having to take remedial courses. Doubt you’d see a private corporation allowing students to mistreat other students.

Doubt you’d see a private corporation agreeing to a collective bargaining agreement it could not afford. Doubt you’d see a private corporation blowing off charter school enrollment estimates. Doubt you’d see a private corporation putting up with Acevedo-like shenanigans. Doubt you’d see a private corporation paying employees more than they are worth, or having employees it does not need.

I read at nakedconch.com yesterday that Audit & Finance Committee member Roger McVeigh, an accountant by training and experience, who wants the School District to have a 6 percent reserve fund balance and who sits on many local non-profit boards, said he would be the Superintendent of Schools, at a pay of $80,000, which is a bit less that the current superintendent makes; the superintendent who doesn’t seem to know much about the business end of running a school district; nor, to me anyway, does he seem to know much about the teaching end.

Todd told me maybe two weeks ago that the kids who attend the new charter high school did not fit in at Key West High School – were ostracized, bullied, did not feel safe there, and/or did not adapt well to the teaching style offered there. I said that was substantive.

From all I hear, charter schools are going to increase in numbers and students in the Keys, and from all I hear, that is not a pleasing thought to the School District or the School Board, except perhaps Board member Duncan Matthewson, whose children, I understand, attend charter schools in the Keys.

Perhaps it’s time the rest of the Board and the District get real about why charter schools are becoming more popular. Perhaps the Board and District will find all is not as wonderful and beautiful in the District as the Board and District tout. Perhaps it’s so broke, it simply can’t be fixed from within. Todd and I have discussed that a few times, and I have said it appears genetic.

In case anyone is interested, Key West mogul Ed Swift came to me in a dream just before dawn this morning and hinted pretty strong that this post today needed to be written as fact, and not as fiction.

Sloan Bashinsky
keysmyhome@hotmail.com

Jungle Jane’s tree commission – Key West

Friday, January 27th, 2012

Jungle Jane, of Tarzan Tree Care, aka Sandy Downs

Fell asleep very early last night and just before midnight dreamt of playing golf with Margaret Romero (a serious Key West activist/watchdog) on the East (women’s) Course of the Birmingham Country Club. Then, I dreamt of being in Key West with Mayor Craig Cates, who was showing me a lot of ornamental-looking, large, well-groomed parsley bushes growing in front of conch houses. I pinched off a clump and tasted it, and was surprised to find it really was parsley and it tasted pretty good. I thought to myself, parsley is rich in nurients. I awoke wondering what that was about, crawled out of the sack, opened my email account, and found this from Sandy Downs, some of the details of which she and I had discussed the other day.

From: sandra downs <janesjunglework@gmail.com>
Date: Thu, Jan 26, 2012 at 9:26 PM
Subject: Complaint to State Attorney
To:
lynne.tejeda@keysenergy.com
Cc: sdsmith@keywestcity.com, jscholl@keywestcity.com, rransing@keywestcity.com, lballard@keywestcity.com, dbradsha@keywestcity.com, mbrowning@keywestcity.com, dcraig@keywestcity.com, kdemaria@keywestcity.com, dfernend@keywestcity.com, mfinigan@keywestcity.com, churd@keywestcity.com, dnicklau@keywestcity.com, vperez@keywestcity.com, jjyoung@keywestcity.com, ccates@keywestcity.com, tjohnston@keywestcity.com, bwardlow@keywestcity.com, jweekley@keywestcity.com, tyaniz@keywestcity.com, clopez@keywestcity.com, mrossi@keywestcity.com

Sandra Downs January 26 2012
22976 Bluegill Lane
Cudjoe Key, FL
305-304-9303 RE: COMPLAINT
To: State Attorney Dennis Ward
Possible criminal negligence charges and any other charges that might pertain against:
 
Cynthia Domenech Coogle and the City of Key West Urban Landscape Dept the Tree Commission, and the City of Key West Commissioners who empowered them, for deaths and injuries caused by their instructions to the Asplundh Line Clearance crew to: disregard the federal laws which provide for line clearance minimums and instead to follow the City of Key West Urban Landscape Department and Tree Commission examples and instruction for line clearing in blatant disregard to federal guidelines and safety regualtions.
Their negligent and willful actions caused horrendous shocks and deaths to citizens: including Preston Hartman who died, and Nick Downs and a retired firefighter who lived but were permanently scarred and injured, and any others we might find out about who suffered from shocks caused by Key West power lines.

Asplundh, (who does the line clearing for Keys Energy in the Lower Keys and Key West) and in every other area of Monroe County they DO trim to Federal standards, were told that in Key West they must trim and abide by orders given them for line clearing by the Tree Commission representative and Urban Landscape Director Cynthia Domenech Coogle. Cynthia Domenech Coogle instructed the Asplundh crew to trim the lines in a way that DID NOT meet safety clearance standards set by the federal government; which caused irreparable harm and death to people in accidents that would have been prevented had guidelines for safety clearance been adhered to.

***Cynthia Domenech Coogle is not trained in line clearance standards; but nevertheless she used her authority acting as agent for the Tree Commission and Director of Urban Landscpape Department, in ordering the Asplundh crew to trim in a way that totally disregarded and dismissed safety regulations provided for by the Federal Government; and in direct violation of IEEE standards set by NERC and enforced by the Florida Public Utilities Commission.

Keys Energy’s website says they were bought by the City of Key West in 1943, but the City of Key West denies they own Keys Energy because of a Board that is elected to oversee Keys Energy. This elected Board prevents the Public Utilities Commission from having oversight of Keys Energy. Public Utilities Commission says that Keys Energy is not under their jurisdiction and is a privately owned company, therefore they have no jurisdiction over them and cannot take a complaint against them for non-compliance of federal regulations. In fact, it appears Keys Energy is void of oversight altogether from any governmental agency other than it’s own elected Board.

It does not appear at this time that Keys Energy knew of the instruction given to their line clearance crews by the City of Key West Urban Landscape Department, nor does it appear they agreed to it. However, these instructions by City of Key West Urban Landscape Department Head Cynthia Domenech Coogle were given to the contracted tree trimmers of Asplundh and the Asplundh crew were led to believe by Cynthia Domenech Coogle that they had to follow these instructions because of the authority that was given to the Tree Commission and Urban Landscape Department by the City of Key West Commission.

The City of Key West had a row of palm trees that were planted in an area between the sidewalk and the street “directly” under the power lines and “completely interfering” with the power lines. Preston Hartman was only 6 feet up on a ladder 20 feet or more away from the power lines. The palm tree’s fronds of the palm tree his ladder was on, made contact with the palm fronds on the City’s trees and he was electrocuted and died. After the lawsuit in which the City of Key West was named and they defended, the City of Key West and Urban Landscape Department who takes care of the City owned trees, took little or no action to correct this problem, knowing that taking no action could again ultimately result in more deaths.

Instead of correcting the problem with the City trees after deaths and harm have occurred, the City of Key West continues to instruct the Asplundh crew to toss aside all regular trimming and to instead do a minimal amount of trimming which they prescribe. Apparently these instructions are for two reasons: to avoid the City Urban Landscape Department and the Tree Commission having to remove all of their trees that cannot be trimmed to allow for clearance, (such as palm trees which have been planted directly underneath power lines and cannot be cleared by topping them or they will die). Also, it seems the City is more interested in hiding “ugly” power lines from the tourists than in the safety of it’s citizens. Not only have I taken many photos to prove this, you can yourself drive down the City of Key West streets and see. The minimum clearance of the LOWEST voltage lines is to be at all times 5 feet…with the higher voltage at 14.7 feet. NONE of this is adhered to, with blatant disregard for the safety of the citizens, most of whom are unaware altogether of these clearance standards and possible consequences including death if they are not adhered to. In every area of Monroe County, these clearances are met, but in the City of Key West, the same trimmers as in the other areas of the lower Keys are prevented by the Urban Landscape Department from doing the required trimming.

I have written to Keys Energy when I learned of the instructions being given to the contracted trimmers of Asplundh, and I believe Keys Energy is in the process of taking action to correct this problem. However, that does not eliminate the need for an investigation by your office as to why the City of Key West Urban Landscape Department had issued such orders to the Asplundh crew in the first place, who then, and STILL believe they have to follow them.

I do believe that after the death of Preston Hartman, the City of Key West knew it’s

instructions given to trimming crews might prove to be fatal to citizens. I believe the City of Key West cared nothing for the safety of the citizens and instead continued to instruct their own crews and Keys Energy crews to trim to their own “prescribed ways” in blatant disregard of ALL safety standards . Proof is in: City trees still tangled in the wires,the #1 reason for power outage on Keys Energy website is listed as trees on wires, and the testimony you can secure from Asplundh employees (if you offer protection).

I believe you have the authority to investigate and prosecute. I urge you to do so, as the

City of Key West has been forewarned and have taken no action. I was told by Mayor Cates to “just sue the City, we have lots of money.” The City of Key West officials refuse to care for the “safety of the citizens” over the “views of the tourists” unless you make them. Power , Court Orders and lawsuits seems to be the only thing the City of Key West officials understand. You have the authority and power to prosecute them if they have broken laws, and certainly I know they have. And in their doings, have caused death and harm to citizens which seems to have no effect on them. I urge you to take action on these matters before someone else is critically injured or killed.

 

Of course, you understand, when Mayor Cates tells me to sue the City, he avoids taking action. The citizens of Key West then must pay for the defense of a lawsuit; and if the City loses, then the citizens of Key West must pay the damages. It seems the City of Key West officials have shown time and again they will continue on in their ways whether illegal or not, until a Court stops them, and then the citizens must bear the brunt of the lawsuit. I do know, that the “City official’s failure to act” or “acting outside their duties” causes them to lose their individual immunity to prosecution according to federal law. And so I ask that you also look into individually prosecuting all those involved, because the citizens who endure and fight against these unnecessary and avoidable lawsuits are always in the end the ones who pay for the City of Key West official’s “refusal to take action” to avoid a lawsuit. Now, it is up to you to prosecute them for these offenses and violations of federal regulations of which they knowingly and willingly continued to practice even after deaths and repeated injuries and warnings.

 
Thank you for your time. I await your reply.
 
Sincerely,

Sandra Downs , mother of Preston Hartman, former wife of Nicholas Downs and owner of Tarzan Tree Care

 
PS. My crews must work in these heinous conditions in Key West day after day. My crew is the most likely to get injured, because the majority of the other tree trimming crews do not do any climbing, and only do trimming out of insulated bucket trucks. We have bucket trucks, but we also do the jobs which are out of reach of our insulated buckets. Every citizen who comes into contact with an energized tree is at risk.
 
++++++++++++++++++
 
When Sandy told me about this the other day, I said, even if the federal guidlines did apply to city streets, I wondered if the State Attorney would have jurisdiction, unless a state law was being broken. Shortly after speaking with Sandy, I was in Key West and gandered some sidewalks and trees and powerlines near Keys Energy’s building. Although it was hardly a comprehensive survey, I saw powerlines running through and near tree branches, and I thought that would be ugly, if those trees were trimmed back from the lines. I also thought it would be more than ugly, if someone was killed because those trees were touching powerlines. I thought it seemed odd that the city would cut down old trees to widen a sidewalk, so handicapped people could use it more easily, but the city did not keep trees trimmed away from powerlines, to save lives. Later that day, I called Charles Bradford, who is on the Keys Energy Board. I know him somewhat from watching a few SEC football games with him and his Gator buddies in Jack Flats on Duval Street. I reached his voicemail and said I was calling to enlist his help in determining whether or not the city owned and regulated Keys Energy. I did not hear back from him yet.
 
Almost two weeks ago, Sandy sent me this report on how the city deals with trees on and off of private property. It also is reproduced verbatim:
 
“Fear not those who argue but those who dodge.”
Marie von Ebner-Eschenbach

Mayor Cates comes to mind as the “dodger”.

Dodgers don’t argue because they are not interested in another’s opinion, fairness, compromising,..or any of the other things that sensible and intelligent people do to solve problems. Dodgers avoid any and all opposition because they are determined to not be interfered with while following their own “agenda”. Their minds are set no matter how unfair or unreasonable what they are doing might be; or how it might adversely affect others…which leads me to the Virginia Street Sidewalk project that just showed up one day like a bomb had went off… and trees came down, and walls fell and property was taken…and all of it was done illegally by a handful of the City’s “worst in office” and delivered to the citizens on a burning platter filled with a bombardment of deceit and lies.

 
You are wondering probably WHEN the City Commission voted TO do the sidewalk project in the first place; and if you go back through the meetings,…… WAY back to 2009-2010, that is where you will find the original vote. THE CITY COMMISSION’s VOTE THAT TOOK PLACE BEFORE any plans had been drawn up by Urban Landscape Department which would involve trees and sidewalks and, BEFORE Planning approved them, and BEFORE HARC approved them. Only after all that took place and public comment was heard and considered, could a legal vote have been taken on the Virginia Street sidewalk project by the City Commissioners. NONE of this took place.
 
HOW could the City Commission have approved a sidewalk project’s “plans” when in 2009-2010, there were NO PLANS to approve? IF they merely voted in 2009-2010 to “redo” the sidewalks so the sidewalks would meet ADA requirements, THEN that is not a vote that meets the requirements of approving drafted plans in a public hearing with public input allowed. For a proper and legal vote to take place, all of the different Commissions mentioned above would have had to have approved those plans and then the fully crafted and finished plans would have to come before the City Commission in a properly noticed hearing which allowed public input to be taken and considered, and THEN and ONLY THEN can the City Commission vote to approve the plans. THIS vote has NEVER taken place. Therefore, the Virginia Street Sidewalk project has never been legally presented, approved or voted on by the City Commissioners.
 
Knowing all of this, Clayton Lopez placed an item on the November agenda to HALT the sidewalk project. Apparently, Mayor Cates tabled it till the next meeting when Mark Rossi would not be present. The vote split 3-3. Commissioners voted AGAINST Clayton Lopez’s sponsored item to HALT the project were Teri Johnston, Jimmy Weekly, and Mayor Cates. Those FOR halting the project were Clayton Lopez, Wardlow and Tony Fat Yaniz. The Citizen reported the Commission voted to “allow the project to proceed”, but the vote was whether or not to stop the project and discard it. No vote has ever been taken to approve the Virginia Street project….. The project moved ahead, complete with police escort to curtail protests. And HARC was outraged. They had NEVER even been consulted or privy to this project’s existence until the bulldozing had started and the trees had been felled. HARC challenged the project, but it was too late.
 
However, the Tree Commission went along with the project in the same deceitful manner as the Sidewalk Project was crafted in. At a November 14th Hearing the Tree Commission approved the take down of the majestic trees on Virginia Street without a peep of public input. WHY? Because the Virginia Street residents had been given written Notice that the Hearing was not until the 17th! Outraged, the citizens confronted the Assistant City Attorney Fernandez at the Firehouse meeting on the 15th. Fernandez gave no explanation for the deceitful NOTICE that was posted front center on Virginia Street with the wrong date on it, and offered no apology or remedy to the citizens whose right to have their voices heard was denied. This deceitful NOTICE with the wrong date of the Tree Commission Hearing was posted for all Virginia Street residents and other interested parties on the front of Gary Ek’s gate. Gary Ek is the rebel rouser who video taped the felling of the great trees. He then posted the video for all the world to see on facebook. He is sometimes referred to as Reverend Hell or Gwecko Phucker and he hosts an internet radio show called THE HELL SHOW where he raises hell about issues such as this one. He started the Coalition to Protect Virginia Street on facebook as well.
 
Well, when Clayton Lopez’s attempts to HALT the illegal Virginia Street project failed, and after Gary Ek learned that Virginia Street was never mentioned in the ADA compliance settlement agreement while that was being used as a gun to the head of the Commissions as the reason for the Virginia Street project in the first place, and after Gary Ek and all the citizens were denied a right to know a proper date of the Tree Commission Hearing so their voices could be raised and heard, and after the trees were felled and his wall was next on the chopping block…….WELL, that is when Gary Ek decided the only way the political machine in Key West would listen is to paint their feelings and sentiments on the wall that was slated to be brought down. So he and his wife put a box of paint, and invited anyone who had any comments about the trees being felled or the way the ill-conceived Virginia Street had been shoved down the throats of the 99%….to come over and paint what they felt. Lots of artwork and trees and Save Mother Nature stuff got painted on the wall ….along with different stabs at the Commissioners who had voted against Clayton Lopez’s item to HALT the project. One of the things that was painted on the wall was “Mayor Cates, deaf to his people.”
 
This evidently caused Mayor Cates or someone in the City to order the whitewashing of the wall. Clayton Lopez spoke out publicly against this childish act of whitewashing a wall that was slated to come down within a week and the waste of money to do it just to save the Mayor from embarrassment. The City went so far as to arrest Gary Ek’s wife, but State Attorney Dennis Ward refused to prosecute her or anyone who had written on a wall. Which by the way brings us to another Constitutional Right the City thought they might deprive the citizens of…..freedom of speech and assembly. So the City of Key West Police Department regularly patrolled the wall to make sure no one else could ever write something like that again…and they did so until the wall came tumbling down. After the trees were felled, the sidewalks jackhammered, the wall bull dozed down, and Gary Ek’s wife arrested, ……..then the City went into the property where Gary Ek lives and claimed 6 feet of it for their own, and removed all the vegetation and trees therein, and left a swimming pool without a wall which butts up directly to the new sidewalk. Someone put up a chain link fence so no one would fall in and Mary Spears draped the fence in canvas.
 
The City claimed this property in blatant disregard of Case Law from the Supreme Court, which ruled if a fence or wall is put up on a contested or dually claimed property and if the fence or wall stays there for 7 years without the matter being brought before the Court and contested, then the fence or wall and the land inside the fence or wall now belongs to the person who put the fence or wall up. If the spokesperson for the City was correct in saying the wall was built in 1965, then the Statute of Limitations expired for the City to make a claim to the land 40 years ago in 1972. I believe the wall was even built before then, but the City conceived this date without any evidence of how they did it, so that the wall would be 3 years shy of being 50 years old and then would be considered “historic” and unable to be taken down. The City can count the timeline if it benefits them…so we know they can count. So how does the City think they can just trample on more rights…this time property rights?
 
So far we have the illegal project going on that has never been voted on by the Commission, the public being told that Virginia Street was named in the ADA settlement agreement which is not true, but was the pretense under which this project was presented. We have fellings of great and historic trees approved by a Tree Commission at a date other than what was posted, denying citizens rights to input and be heard. We have the City which created HARC bypassing HARC altogether. We have a false arrest of Gary Ek’s wife and the City painting and bulldozing a wall they legally didn’t own and claiming property in a way which is a violation of the State and US Constitution. We have a sidewalk project which was shoved down the throat by the City because they said it was federally paid for, but they never told anyone it was only paid for if it met a deadline of February-March which seems rather unlikely. So what will this project cost the City taxpayers if the project doesn’t get federal funding and lawsuits fly because of all the laws and rights that have been violated?
 
Last week, I went into speak with Mayor Cates about the Urban Landscape Department using a backhoe to rip out mangroves then offering a ridiculous defense that it was an accident because they were only going to trim them. Then this same Urban Landscape Department incorrectly Noticed the Virginia Street residents of when the Hearing would take place and offered no explanation nor apology or remedy for it…in what appears to me to be a deliberate and deceitful act intended to deny the citizens the right to be present and to speak. I showed him the City’s own printed description of what the Urban Landscape Department does, which is take care of the City owned properties and parks, and approve commercial landscape plans. And I asked him why in hell are they involving themselves with private property owners and issuing violations for trimming when they have no right to do so. Not only do they have no right to do so according to their own ordinances and job descriptions, they have made $5,000,000.00 off of the citizens by violating them and hauling them in front of the Tree Commission for sentencing and fining. All the while the Urban Landscape Department is supposed to run the crew to take care of city property and oversee the City property landscape designs, they are instead out in the streets looking for a private citizen to violate.
 
Meanwhile the City trees everywhere are in dire need of maintenance and no city street has trees that meet the line clearance standards of power lines set in place by the State and Fed’s. There are City owned trees which are dead and dying and limbs falling from them on sidewalks and streets. I showed him the lawsuit against the City of New York where a limb fell from a park tree and killed a baby, and asked him if he knew how many of those limbs existed in Key West and if he wanted to see the pictures I had taken of some of them. I asked him why the Tree Commission was operating as a Court and yet the members of the Court were prosecutor, witnesses , Judge and Jury which is a violation of the US Constitution…not to mention they are hearing cases brought to them outside of any ordinance and just making up rules as they go and the fines and settlements are based on a $150 per inch that is found nowhere in writing and can’t be supported by any method to arrive at this figure that I have found anywhere. I told him I had spoken with several other Commissioners that wanted the Tree Commission reined in and asked if he would bring this up on an agenda. He “dodged” the question though I asked him 4 times. I gave him case law that states a Tree Commission imposing on private property rights is illegal and unconstitutional and showed him a Senate Bill which was introduced to abolish Tree Commissions that strayed into private property at all. I also had a file of other City’s Tree Commissions and their mission statements showing him that Tree Commissions take care of City property and that is all they are supposed to do…oversee landscape and budgets and plants and designs to make their city beautiful…not be a “War Crimes Tribunal” as Tom Tuell editor of the Citizen called ours..or to have the name “Tree Nazi” directly refer to the Urban Landscape Director. I asked him again to rein them in….and gave him more documents to ponder. Mayor Cates told me I was welcome to come and speak in the aftermath of any City Commission meeting during public comment time which falls at the end of the meeting and could be as late as 11:00 PM..at which time I could have my 3 minutes. Then he told me, “Just sue the City, we have lots of money”.

Now, I will tie this all in with a finishing paragraph. I was invited by Gary Ek to be on his show because he admired me for making the comments I had made in the first HARC meeting, and so I said it would be my pleasure to be his guest. He advertised the show online as having me for his guest and what we would talk about from 9:30-11:30PM. From 9:30-11:30 that night someone scrambled the signal. We continued broadcasting for 15 minutes more and the signal was perfect. We knew the signal had interference, but could not correct it, then magically it corrected itself when the show was SUPPOSED to be over. In that show we talked about Mayor Cates and I relayed what he had said about suing the City of Key West. We made a joke about his campaign slogan could be..”F*#! you…sue me.” The next day Gary Ek was arrested while working at Radio Shack for what the police claim is “failing to appear” some 4 years ago.

If you are outraged by any of this and wish to start a Ralph Nader type watchdog group looking out for the City of Key West…please call me or e-mail me. You can call

305-304-9303 or e-mail janesjunglework@gmail.com

Sandra Downs/ owner of Tarzan Tree Care

PS….You are wondering maybe if I have been retaliated against for being outspoken and the answer is yes. I have a “sworn to notarized letter” written by the Assistant City Attorney Ronald Ramsingh which Ronald Ramsingh intended to be used as damning evidence against me in a frivolous lawsuit against my company. The citizen who was given this letter from Ronald Ramsingh said he was encouraged to file a lawsuit against me by “them.” Also, according to the City Attorney Shawn Smith, the Chair of the Tree Commission Neils Weise has ordered a violation be issued against my company. These violations hold no merit, and are intended evidently to embarass me, or cause a loss of customers who use my services. But I will not stop speaking out until they stop abusing their trusted positions and stop retaliating against citizens who speak out…no matter if I am for what they are saying or not…It is our right. They are trampling on laws and rights, and it has to be stopped. Now what City Official will take State Attorney Dennis Ward’s promise and be afforded whistle blower protection and help to stop this madness.???..


Sandy Downs
 
+++++++++++++++++++++++++++++++++
 
Mayor Cates has been in office going on three years now, and, like Margaret Romero, he is a Key West Conch, meaning, he was born in Key West. He grew up there. He lived his life there. He cares for his city as much as anyone I have known. He also knows the city goverment historically has operated as if it is a law unto itself. Looks to me this is a golden opportunity for Mayor Cates to roll up his sleeves and get out his shovel and pick axe, and even his jackhammer, and dig into what Sandy has reported. He is the city’s mayor. He is its ambassador to the public. He is the person in the city government to investigate and deal with what Sandy describes above. She could be an important ally in the investigation, if Mayor Cates enlists her help. She is not going to go away, in any event. If Mayor Cates needs confirmation of that, he can speak with State Attorney Dennis Ward and Sheriff Bob Peryam about Sandy; or with the Goodman family on Cudjoe Key, who run the local Republican party; or with the Florida Department of Environmental Protection.
 
Sloan Bashinsky
 
I usually can be reached at keysmyhome@hotmail.com

the nuke solution? – national, state, Florida Keys politics

Thursday, January 26th, 2012

БогородицаDropped by the Supervisor of Elections office in Marathon yesterday to vote early, and was escorted by an election worker into the office where School Board candidate Ed Davidson was filling out papers. The elections office people remembered and welcomed me. The election worker said something about my getting a ballot to vote for president, and I said I didn’t belong to the Republican party. The manager of the elections office pulled out a document and showed it to the election worker, to let her know I am registered as an Independent, and cannot vote in the Republican presidential primary.

I said the way I would deal with Washington D.C. would be to nuke it. Before I could say with Congress in session and the President in the White House, to show my lack of partisan bias, the manager of the elections office crawled all over me, said no political talk was allowed around voting booths. She was definitely not happy. I said it wasn’t political talk, it was terrorist talk. I did not say they had started and done most of the political talk, and maybe I said something about why they had not called Homeland Security? I voted YES for the .5 mil schools referendum, and left, glad I had not gone there to file to run for office.

 
More on the school referendum and other schools stuff later in this raving.

Meanwhile, that was the elections office where I filed to run for the county commission in 2010, the day before the filing deadline, which closed the Republican primary in that race, between incumbent George Neugent and first-time candidate Danny Coll, to registered Republican voters. Wasn’t why I filed, the angels told me to file, but that closing the primary was on of the effects of my filing, which got me blessed out at the first Hometown! PAC call to candidates that year, by somebody who sure must have wanted George Neugent beaten, be so upset with me as he was. I think he was a Republican, too, because later I saw him with several people at a candidate forum wearing Mario Di Ginnaro’s campaign buttons. I told the fellow I was doing all I could to get his candidate elected.

George Neugent got 55 percent of the vote, Danny Coll the other 45 percent. Danny is Cuban-American. I remain convinced Danny would have beaten George, if Cubans, Democrats and Independents all had been able to vote in that Republican primary. Non-Republicans could have switched parties and voted, if they really had wanted to get rid of George bad enough and put into office a buddy of US Congresswoman LLeana Ross-Leitman, both of whom are life-long members of the Cuban hate Fidel Castro and his brother, too, forever cabal. Hell will freeze over before the Bastista ex-pats agree to Americans freely traveling to Cuba, or on the US having any significant input re Cuban offshore oil drilling, a big ticket on the front page of The Citizen today (keysnews.com). I told the elections office manager yesterday that her and my conversation might make interesting reading on my websites today, but I didn’t have a clue where all it would end up going. I hope Democrats and Independents take the time and make the effort to head to the polls and vote YES for the .5 mil schools referendum, even though that’s the only thing on the ballot for which they can cast a vote. I hope Republicans do the same.

As for the Republican primary, I watched Democrat majority House Leader Nancy Pelosi on the evening news last night predict no way will Newt Gingrich will be the Republican candidate this year. Nancy had the most weird affected smile on her face, reminding me of someone about to have a total split from reality. Am hardly a reliable prognosticator of election outcomes, but it sure looks to me that Gingrich, despite all his not particularly pretty baggage, is the only Republican with horse sense and political savvy and stand up debating skills, thus the only Republican candidate with any chance of giving President Obama a scare in the presidential race this November.

I can’t imagine Republicans with half-wit sense even, thinking Mitt Romney or the other Republican hopeful, Rick Santorum, the far-right Christian fellow, or isolationist small-government Liberterian Ron Paul can cause President Obama to even break sweat leading up to the November elections. The Super PACS can throw billion$$$$ at Romney’s candidacy, the far-right Christians can throw Jesus, God, Christian nation and values and the American flag at Santorum, the Tea Partiers can minick the far-right Christians till hell freezes, but I can’t imagine them coming anywhere close to putting the kind of heat on President Obama that Newt Gingrich can stoke up. Not that I give a shit who wins the presidency in November, since the only solution I see is to nuke the entire national government while they are all in D.C. Including Nancy Pelosi.

I suppose some people who read my ravings will tell Todd German, Chairman of Hometown! PAC, that Sloan has again suggested acts of terrorism in one of his posts. Then, I suppose I will be expected to retract what I wrote, or at least to say it was a poor-tasting joke. In fact, it is not a joke. Not that I expect, or want, D.C. to be nuked, but I see no political cure to the mess Americans have made of America by putting politicians in charge of the national government, and state and local governments, too, for that matter. The only solution I see is to rid America of all politicians and political parties, and nuking Washington should be viewed as a metaphor for the only comprehensive solution I see.

I remain of the view that anyone who actually wants to be an elected official should be automatically disquaified as a candidate, and I remain of the view that political campaigns and parties should be outlawed and the only sane way to elect public officials is by voter initiative, the write-in method comes first to mind. Of course that would never work in America, because America is not a democracy where one person is one vote. The Founding Fathers never intended America to be a democracy, which should be obvious to any half-wit American who ever voted for president in any national election. Ron Paul, of all the presidential candidates, probably could explain that far better than I.

As for the local pig parlor, I see in The Citizen today a report of a street protest in front of Beachside yesterday, where the Chamber of Commerce entertained utterly non-committal (with their money) cruise ship officials, who came bearing dire warnings of Key West losing its cruise ship business, if it doesn’t dredge out and widen the channel so the new, larger cruise ships now becoming mod, like the one what sank over in the Mediterranean Sea recently, much to the glee of all Mediterranean countries, can call on Key West. Imagine one of those mothers running a ground on the only living coral reef in American, just a few miles off of Key West. Imagine one of those mothers running a ground in the channel. Look at what one of their smaller kin are doing right now every time they come into or leave Key West harbor.

It is said in The Citizen article that cruise ship revenues make up 8 percent of the city’s revenue. Hell, I bet if Key West had dedicated the upper end of Smathers Beach, or the nearly unused part of Rest Beach, as clothing optional, the city would have had such an increase in tourists who spent several nights in Key West, ate in Key West restaurants, drank in Key West bars, shopped in Key West stores, patronized Key West watersports busineses, attended Key West churches, etc., etc., that there would be no need to talk about spending $5,000,000 just on a study to see if the channel actually can be widened to accommodate super monster cruise ships like that one what went kaput in the Mediterranean. A $5 million study would not even touch all the state and federal environmental prohibitions against even widening the channel, not to mention letting super monster cruise ships actually use it.

Last in today’s raving is The Citizen article follow up on Tuesday’s School Board meeting. With School Board Vice-Chairman Andy Griffiths headed by car toward Tallahassee to lobby there for the School District, a tie vote occurred over continuing a project to fill a football field-size pit (lake), 13 feet deep in some places, at the great white elephant next to Marathon High School, the former now abandoned and locked up Marathon Manor nursing home Andy Griffiths, voted to purchase for more than $7 million six years ago during the Randy Acevedo heyday.

School Board Chairman John Dick argued at the recent Board meeting that the filling project should be completed, to fill in the lake, or lagoon, if you prefer, to make the great white elephant marketable – as in, to give the School District a chance to unload it. School Board members (Key West native) Robin Smith-Martin and Duncan Matthewson (of Little Torch Key), voted against continuing the fill-in. John Dick and Board member Ron Martin (of Key Largo) voted in favor. So it was a no-go to continue the fill-in. Andy Griffith’s (also of Key West) is reported as saying he would have voted to continue the fill-in, had he been there.

Especially interesting to me was this, verbatim from The Citizen:

When Smith-Martin mentioned that the Board must show frugality with the taxpayer’s money, Dick immediately responded, “Nobody is more concerned about the taxpayers’ dollars than I am.” The School Board needs to care about more of the Florida Keys than Key West, Dick said. “Who said anything about Key West?” Smith-Martin asked, getting no answer.

Well, earlier in the evening, before I left the meeting, the frugal Board had voted 5-0 to give Key West an old $5 million dollar school for a new city hall. The very least the Board could have done for Marathon, which has to suffer with the great white elephant and the water the unfilled lake collects, and the bejillions of disease carrying mosquitoes it surely breeds, would be to fill-in the lake for the health and welfare of the nearby high school and its students, and for that entire area of Marathon, don’t you think?

Maybe my the D.C. nuke solution should be expanded geographically, and I haven’t even told you yet about the bombshell that was decided at the Key West charter high school meeting the same night the School Board met. I promised Todd German, that school board’s chairman, that I would leave that nuke for him to unload on the public, since the press was not there that night to learn about it.

I usually can be reached at

keysmyhome@hotmail.com, meanwhile …

 
Just as I finished today’s raving, this came in from School Board candidate Larry Murray, re my comments on the referendum and serious budget cutting issues any way you slice it in yesterday’s public spanking – School Board, mostly post.
Sloan:
 
Thanks for reminding voters again that the District faces very difficult financial times even if the .5 mil referendum passes. Your figure of a $8 million deficit for next year is not far off the mark and will call for some very serious belt-tightening, most likely some sort of salary reductions as you indicate.
 
The proponents of the .5 mil referendum, other than yourself, have said precious little about the current state of financial affairs. I hope that those who vote for the referendum do not believe that in so voting, the District is out of the woods financially. As you well note, the District is very much in the middle of a financial forest.
 
I hope, come next week, that attention will be brought to the District’s shortfall for next year and that an intelligent process is begun to address it. Last year, everything was done in a chaotic, last-minute environment. There is no reason to repeat that. There is ample time for the District to make reasonable and intelligent plans as to how to balance the budget.
 
When I say “reasonable and intelligent plans”, the District needs to consider and evaluate a variety of approaches, as you suggest, to reducing salaries. The furlough approach used this year is a uniform, across the board, simplistic approach that affects those on the bottom much differently from those on the top. It would be nice to see the District address options before concluding and not imposing a single fix on a complicated matter.
 
Larry
 
I ain’t too sure putting reasonable and intelligent into the same sentence with the School Distirct is reasonable or intelligent.

public spanking – School Board, mostly

Wednesday, January 25th, 2012


From The Citizen today:

Flexible spending measure critical to maintaining quality education

By ANDY GRIFFITHS Monroe County School Board

Scandal, deep recession and rotating superintendents have rocked the Monroe County School District in recent years, but teachers and support staff have kept our school system running during the worst of times. And now, we’re facing another blow — equivalent to a loss of $9,000 per district employee — unless we vote YES on the flexible funding referendum between now and Jan. 31.

Voting YES on the flexible funding referendum will not change your taxes, but every four years we must ask voters to support a tax for operations while we continue to reduce the capital millage by the exact same amount. The vote is required per a state statute. Our millage will remain the same in total, but flexible funding allows us to indirectly use capital money for operations.

This year it is especially imperative. Most of our operating budget is based on property value, which has dropped 35 percent over the last five years. Our very diverse School Board has voted unanimously to max out our local millage, and the state sets the other half of our overall millage rate, so we have very few options available to us. Yet our millage remains the lowest in the state.

So far, we’ve already cut 29 percent of our administrators, from 62 to 44, and half of those remaining are in our schools. We have reduced our instructional staff by 12 percent. We lost 85 positions while still managing to comply with the state constitution for class size — something other districts simply ignored. These instructional personnel were resource teachers, reading coaches, media specialists and counselors.

We’ve also already reduced support staff by 20 percent, another 123 positions, and this does not include the tough decision to outsource custodians. We have made these personnel cuts while our student population has remained constant.

These were all painful decisions that ultimately have a negative impact on students. But we had no choice in order to balance the budget with revenue declining due to dropping property values.

And we are not finished with our downsizing. We have more to do despite what happens in this election. We must build our [reserve] fund balance and make due with less in the coming year. Property values are still not rebounding as fast as we would like. So we will have more cuts regardless, but they’ll be more manageable.

[My understanding is Keys property values are still falling, thus ad valorem tax revenues are still falling. At an Audit & Finance Committee meeting, Andy compared these additional required cuts to Armageddon, and I said that is the preface to Armageddon, the referendum failing to pass is Armageddon. Make no mistake, if the referendum passes, there will be serious and painful budget cuts for the school year beginning July 1 of this year, and if the referendum fails to pass, it will be horrific.]

Still, this year we remain an “A” district for the sixth year in a row, and we are tied for eighth in the state for FCAT scores out of 67 districts. A score of 525 is required for an “A” and we scored a 566.

Our SAT (a national test for college entrance) scores are up in reading, math and writing over this same five-year period, and that’s a fact.

And we did this despite our unique challenges with geography and poverty. Not many know that we have a very high number of students on free and reduced lunch. Our schools are no longer mostly middle class.

[And we have a horrendous drop-out rate, if you follow first-graders and see what percentage graduate from high school, and we had 500 Key West High School students using online course to make up failed classes, and we have plenty of high school graduates going off to 2 or 4-year colleges and having to take remedial courses, and we have few students graduating with job skills that can earn them a living, and we have a fast-growing charter school program, due to students not fitting into our regular schools.]

But without the passing of the referendum, we will be forced to balance the budget by eliminating even more people or salaries, or both. Eighty percent of our budget is people. The other 20 percent is stuff. Most of that stuff is fixed costs such a fuel, utilities and insurance. We can only cut so much toilet paper, folks.

[Some time ago, Andy told me he does not favor cutting out non-educational programs, such as sports, band, etc. He said he favored cutting salaries and positions elsewhere. He admitted his bias against cutting special programs was due to his children having enjoyed them.]

Some would say just cut the waste or just cut those larger salaries. Hey, don’t get me wrong, every little bit helps (like making sure the field lights are shut off!) but these are mostly symbolic cuts. They sound good politically but don’t plug the budget hole. Most of our non-teacher positions left in the district are required by federal or state law. The only way to achieve huge cuts is to go after salaries and positions. That’s where the money is, unfortunately. The sum of the little cuts just won’t get us there.

[The list of School District employees making over $50,000 a year is very long, several typed single-spaced pages long. There are administrative employees, including teachers, making far more than their job skills justify. $50,000 and above is where most of the salary cuts should be made, for these people can most afford the cuts; cutting $9,000 out of a $35,000 a year job is far harder for the employee to cope with than cutting $9,000 out of a $50,000 a year job. I see $12,000-$20,000 a year cuts in the higher-paid jobs, if the referendum fails, and $2,000-$3,000 cuts in the lower paid jobs, and somewhere in between for the middle salary positions. Just do the math. Divide the referendum revenue, $9.5 million, by the current school budget, this year $80 million, and multiply that fraction by each employee's salary, and that's the dollar wage cut for that . No employee is exempt, and the highest-paid employees have the highest dollar cuts in salary, benefits, etc.]

Our budget is down 15 percent over the last five-year period, and yet our student population remains constant. Without the flexible funding, we will have to cut another 10 percent. It’s an understatement to say this would be a disaster for our students and employees who have kept this district marching toward success despite the odds.

[Even with the flexible funding, to maintain a 6 percent reserve fund balance, which the Audit & Finance Committee has recommended, this district is looking at probably minimum $8 million in budget cuts for next year, even if the referendum passes. At least $17.5 million in budget cuts, if the referendum fails. This year's budget is $80 million. Tell me where you can find $17.5 million in cuts in an $80 million budget the year before, and still keep good people, including good teachers, working in this school district.]

So our way of saying thanks to our students and those teachers, the physical therapists, occupational therapists, staffing specialists, speech therapists, assistant principals, principals, people in payroll, finance, purchasing, insurance, transportation, maintenance, human resources, insurance, the front offices and, yes, those remaining administrators, is to vote YES!

Andy Griffiths is vice chairman of the Monroe County School Board.

 

+++++++++++++++++++++++++++

I was glad to see School Board candidate Mark Peterson at the Board meeting last night. He spoke against giving Glynn Archer School to the city, on basic economic grounds. He also said the district had not complied with the legal requirements, to allow it to give the property to the city. First I had heard of that, but Mark is a lawyer, and he sounded like he had done his homework.

The Board’s attorney insisted there were no Navy restrictions on the Trumbo property, which I had reported yesterday via Larry Murray from Audit & Finance Committee chair Stuart Kessler, who used to practice law. Stuart told me off to the side, well, maybe he was mistaken about that, maybe he wasn’t. My sense was he didn’t think maybe he was mistaken, but he said nothing about that when he made the AFC report. This morning brought emails from Stuart saying maybe he wasn’t mistaken, maybe there is a problem with the Navy on some of the Trumbo property.


Andy Griffiths told me off to the side, as he left the meeting to drive up to Tallahassee to lobby for the School District at his expense, if his (the schools’) lawyers were wrong about the Trumbo title, he would pull off their pants and publicly spank them. He said he (the schools) paid them not to be wrong, to give sound legal advice. I remembered when Andy ignored his lawyers’ sound legal advice that sunshine law violations had occurred, which Stuart Kessler also argued had had curred. That had led to John Dick asking the State Attorney to look into it. Made a big flap in The Citizen a few months back.

When I spoke during citizen comments, I said kudos to everyone who had busted their tails trying to get the referendum passed. I think I recall School Board candidate Capt. Ed saying something similar, but I do not recall candidates Mark Peterson or Larry Murray speaking in favor of the referendum. However, Mark had writtn a letter to the editor, in The Citizen, in support of the referendum.

I said it looked weird, giving away Glynn Archer School, while promising to continue levying capital millage, and I said the item should be tabled because Mayor Craig Cates was unable to be there, due to a city commission meeting going on at the same time. I said the public was entitled to vet Mayor Cates at a School Board meeting, to grill him, since Glynn Archer was his project.

Lastly, I said this district receives 67 percent of the county tax revenues, yet it only allows citizens to speak once during Board meetings. I said citizens get to speak to every item on the agenda at county commission, Key West city commission and other government meetings. I said I hoped the Board would allow more citizen input at Board meetings. I did not see any encouragement on the faces of the Board members. Maybe they were not thrilled I told the TV viewing audience how much of the county tax revenue goes to the School District.

Not long after that, I decided to leave. It was as if I had nothing else to say or offer on the schools topic. I was empty, spent. On my way out, I told School Board member Ron Martin I was glad he had reminded the rest of the Board that giving Glynn Archer to the city did not mean the district administrative offices should be moved to Glynn Archer. Ron said the district administrative offices needed to be moved to Marathon. I did not get the sense Ron represented the majority view.

I did not say anything during my citizen comments about Ed Swift having an option on the district’s Trumbo property, perhaps because I did not know Ed was going to show up and urge the gift of Glynn Archer to Key West. Had I known, I might have said giving Glynn Archer to the city was the first step in Ed getting to develop the Trumbo property. When I said that to Stuart Kessler off to the side, after Ed had spoken, Stuart agreed.

Driving away, I told my Editorial Board it seemed I had seen something for the first time. It seemed I had seen citizen comments at School Board meetings is allowed because it is required, but it is not heeded, if it is disagreeable to the School Board. I concluded it would be more honest not to allow citizen comments at Board meetings.

This morning, I added that it seemed the School Board doesn’t listen very well to the Audit & Finance Committee, either, and from what I have seen so far at School Board meetings, it doesn’t look to me that the Audit & Finance Committee is willing to go toe to toe with the School Board in that setting.

After reading The Citizen this morning, I concluded that newspaper is incapable of reporting anything I suggest at School Board and Audit & Finance meetings, or at any government meetings.

I told my Editorial Board last night, and again this morning, I had yet to see any suggestion they had me make to any Keys government be accepted, and if it were my call, I would never write another thing about anything having to do with Keys government. I would plow new ground, if there was any to plow. Alas, I am not in charge of the topics on which I write. My Editoral Board would peel the skin off any journalist in the Keys, who was so unfortunate to work for it.

I usually can be reached at keysmyhome@hotmail.com

 

Here is The Citizen article on last night’s meeting:

Schools to give building to city
Swift: Glynn Archer good for new City Hall
BY GWEN FILOSA Citizen Staff
gfilosa@keysnews.com

In a unanimous vote blessed by both Key West’s mayor and one of its most talked-about developers, the School Board approved a preliminary contract to freely give the Glynn Archer Elementary building to the city by June 2013.

“It is very practical for Glynn Archer to be a City Hall,” said Ed Swift, whose partners have renovated and built in Old Town since the 1970s. “It would be a shame to build City Hall in the wrong place and have this go to a private enterprise.”

Swift showed up just in time to speak during the board’s public comment portion, and his arrival allowed him to have the last word before the board uniformly approved the gift.

Mayor Craig Cates wants the turn-of-the-century White Street building for a new City Hall. The School Board wants, in exchange, some parking spaces for its buses on Stock Island, and promises to keep Glynn Archer in the site’s name and keep the auditorium’s historic mural.

Though the Glynn Archer transfer from school to city facility requires several more legal steps, Tuesday’s vote resonated for board members who remember well what happened when the School District sold off the old Harris School only to watch it sit empty in the heart of Old Town some two years after the deal.

The School District sold Harris for $4.5 million, about half the assessed value.

“We owe a debt to the community,” said board Chairman John Dick, who was on the panel that sold off the Harris School to a local developer. “That school is sitting there rotting away. It’s a blight on the community. I don’t want to see Glynn Archer become a liability to us.”

The memorandum approved Tuesday night now heads to the City Commission, which has already taken measures in favor of building a new City Hall on Angela Street. City offices remain in rented space at Habana Plaza on Flagler Avenue.

“We are approving a concept,” said board Vice Chairman Andy Griffiths. “The managers will get together and put this into place.”

Board member Duncan Mathewson said, “We’ve waited long enough to do a do-over for Harris School. This is a wonderful opportunity to show that the School Board can work closely with the city of Key West.”

Board member Robin Smith-Martin said the School District doesn’t owe the city anything over the Harris School issue. “This asset belongs to the School District,” Smith-Martin said. “We have title to it and we can do what we will.”

Swift spoke in favor of the School Board giving Glynn Archer to Key West for a new City Hall.

“At the end of the day, the property is owned by the taxpayers,” said Swift, who attended junior high at the White Street school. “Whether it’s a school or City Hall, it should be for the best of the taxpayer.”

Swift noted that he grew up in Marathon but admires the idea of preserving Glynn Archer as a government center.

“I’m not a Key West Conch,” Swift said. “I keep trying but it hasn’t quite worked out perfectly.”

Swift recalled that the decision was made to combine the elementary with Horace O’Bryant Middle School because of the enormous cost to the School District to keep Glynn Archer open as a school.

Earlier, School Board candidate Mark Peterson spoke against the Glynn Archer giveaway, given the grim economic times.

“To give it away is unconscionable,” Peterson said. “This is a valuable piece of property.”

The property is only worth what someone is willing to pay for it, Smith-Martin said.

If the School Board sold Glynn Archer, the money could only go into the capital account.

“It wouldn’t go to help us with the situation right now,” Dick said.

District returns lunches

The executive director of the Key West Boys & Girls Clubs thanked Superintendent Jesus Jara on Tuesday for restoring five weeks’ worth of lunches to the nonprofit’s summer program.

The reversal by Jara spares the nonprofit from having to come up with $6,000 for the food.

Dan Dombroski, who has run the nonprofit for nine years, said he had received word from the district two weeks ago that it was shrinking summer school — along with its lunch budget — and couldn’t afford to feed the 80 to 120 kids a daily breakfast, lunch, and two snacks for five of the 10 weeks.

The summer program includes some of the poorest kids on the island, Dombroski told the board.

For years, the district has provided the lunches — a sandwich and a piece of fruit — to the nonprofit, since the food is for the district’s own summer school kids. The federal government later reimburses the district for the lunches.

Jara changed his mind after some conversation, Dombroski said.

“We know what it is to have budget cuts, believe me,” Dombroski told the board. “We’re suffering as you are. We’re just asking for an already existing program. It gets reimbursed from the USDA (U.S. Department of Agriculture) anyway.”

After speaking to the board, Dombroski told The Citizen that locals have already chipped in more than $3,000 for the lunches.

“People can come back and get it back,” Dombroski said of the donations. “I don’t want people thinking we’re double-dipping.”

gfilosa@keysnews.com

lots more rumbles from the blackboard jungle

Tuesday, January 24th, 2012

Lots more schoolish rumbles, starting off but hardly ending with this gibberish in The Citizen today, my comments in italics.

District ranking rankles some

BY GWEN FILOSA Citizen Staff

gfilosa@keysnews.com

The Monroe County School District is tied for eighth place out of 67 school districts in Florida, the state Department of Education said Monday by releasing a list based solely on standardized test results.

the godalmighty FCAT

While Schools Superintendent Jesus Jara and Education Commissioner Gerard Robinson applauded Florida Keys students and staff for their work, critics dismissed the ratings as a specious snapshot of school districts formulated by data released in June.

The school year ends June 31, these are last school year’s FCAT scores, hardly fresh news today.

The Florida Association of District School Superintendents expressed dismay with the rankings, which present the districts listed as best to worst by number.

“It’s not a comprehensive assessment,” said the group’s chief executive officer, Bill Montford, who is also a Democratic state senator from Tallahassee.

“Financial management of a school district is a factor,” said Montford. “We also know that poverty plays a role in student performance. Everything needs to be on the table to give an accurate assessment.

Wonder how close to the bottom our school district ranks in financial management?

Monroe tied in overall points with Brevard County.

“I feel great at where we are,” Jara said, acknowledging that the rankings are a newly packaged list of previous FCAT results. “We are very proud of the work teachers are doing in the classroom.”

Yep, they really are teaching to the FCAT.

Jara said that districts ahead of Monroe lack the diversity in race and economic backgrounds found in the Keys. His final word on the list, though, was to shoot for No. 2 next year.

Florida’s governor led the move to rank school districts by FCAT scores.

The Christian-right Republican governor himself even made a graven image of the FCAT.

“Ranking school districts by performance allows taxpayers to see their investment in education at work,” Gov. Rick Scott said in a written statement.

In a recent article in The Citizen, Jesus Jara was quoted as saying colleges don’t pay much attention to the FCAT.

St. Johns County came in at No. 1, followed by Santa Rosa, Martin, Sarasota, Gilchrist, Okaloosa and Seminole counties. Madison County came in dead last, below DeSoto, Hamilton and Jefferson counties.

“In no way are we saying they are the bottom districts,” Robinson told reporters Monday. “We’re quite well aware that there are social and economic factors that influence how we deliver education to children.”

The point of the district rankings is to “start a conversation” about how districts can improve, said Robinson.

“One measurement does not provide a comprehensive grading picture for a school system, much less an individual student,” Pinellas County Superintendent John Stewart said in a statement released Monday.

Stewart said the list — which ranked Pinellas at 49th out of 67 — is like branding all of a marathon race’s runners as losers, save for the one who breaks the tape.

“When I ran races, it was for my personal best,” said Stewart. “I am convinced that each of the state’s 67 districts is doing its personal best for all students, not because we want to come in first place and beat out the other districts, but simply because it’s the right thing to do for children.”

Stewart said the ranking doesn’t tell his district anything new, and that Pinellas is redoubling its efforts to ensure that all students can read and do math at grade level.

Montford said the rankings could harm the economies behind the school districts consigned to the bottom of the list by discouraging companies from starting up shop there.

“We are all dependent upon the governor’s effort to bring business into Florida,” Montford said. “I’m not sure that helped our case.
gfilosa@keysnews.com

I don’t see how the way our school district is run brings business into the Keys.

School Board candidate Larry Murray alerted me yesterday to this article in The Keynoter. My comments in italics.

OUR SCHOOLS

Budget miss blamed on undercount

By SEAN KINNEY

skinney@keynoter.com

Posted – Saturday, January 21, 2012 11:01 AM EST

A review of district budgeting practices by the Audit and Finance Committee points to errors in charter school enrollment projections that amounted to a $1.2 million temporary budget shortfall.

Details emerged following a committee meeting on Monday where member Roger McVeigh pressed for conservative financial planning.

“When you’re budgeting in a situation like this,” he said, “you’ve got to budget the cost side at the worst case scenario. Budget estimates are always going to be off. There’s always going to be negative surprises. You’ve got to be prepared if you’re going to provide quality education to the students.”

Last month, the school board approved a $1.2 million budget amendment tied to what administrators described as “unexpected enrollment increases” at Keys charter schools.

That amendment dropped the district’s reserves below a 3 percent threshold, which forced the superintendent to notify the Department of Education. If reserves drop below two percent, state oversight could result.

Committee chair Stuart Kessler said the enrollment projections given by the charter school principals to the distric tturned out to be “amazingly accurate.”

He said an “examanation of why the budget was so far off for charter schools . . . the short answer is (the administration) apparently elected to use last year’s enrollment instead.”

Chief Financial Officer Michael Kinneer told committee members that he used the actual enrollment numbers from the previous year, plus another 80 students for the two new charter schools – Key West Collegiate School and Ocean Studies Charter School in Tavernier.

He did not address whether those calculations included additional grade levels at Big Pine Academy or the Montessori Elementary School of Key West.

“We were finding that a lot of charter schools would give numbers that were overly optimistic in terms of projected enrollment,” Kinneer said. “That became the basis for the budget number.”

A count of charter school enrollment conducted and pubilshed in August by the Keynoter indicated 983 students.

When the annual budget was approved in September, the charts received collective funding of &6,272,031.63 based on projected enrollment of 755 students.

In November, a head count showed actual enrollment was above 1,000 students, which Kessler noted was very close to projections provided by the charter principals over the summer.

The $1.2 million in additional charter expenses will eventually be reocouped from the state, but the actual budget amendment had the very real effect of throwing hte district coffers below the 3 percent state-mandated ratio of revenues to reserves.

Don’t know where Sean Kinney got the $1.2 million number, or that all of the unexpected charter school expenses will be recouped from the state. Under tense discussion at the Audit Finance Committee (AFC) meeting, which I attended and Sean did not, nor did anyone else from the press attend, nor was Jesus Jara there, CFO Michael Kinneer said $350,000 of unexpected $900,000 in charter school expenses for this school year (which ends on July 31) will be recouped from the state, and the rest of the $900,000 will not be recouped. Internal Auditor Ken Gentile agreed with me during a break at the last School Board meeting, at Coral Shores High School, that Jesus Jara and Michael Kinneer had gambled the charter school number estimates provided by the charter school principals were too high. That screw up is what led to Roger McVeigh offering a resolution at the last AFC meeting, which passed 3 in favor, one abstaining (Stuart Kessler), based on what I heard and saw, for the School Board and School District to adopt a worst case fiscally conservative budget for next school year, with minimum 6 percent reserve balance.

Focusing in on the ratio of revenue to reserves, committee members agreed they would recommend a School Board policy to hold 6 percent as reserves. Based on the current budget, that would be more than $4 million.

It was discussed and understood by all present that 6 percent was inflated to allow the District to keep the reserve fund balance from falling below the state-required 3 percent, if unexpected costs and/or lower revenues occurred. In the past, the District has raided the reserve fund to below 3 percent to make up for unexpected costs and/or lower revenues.

School Board Chairman John Dick has said he won’t approve a budget this year (for 2012-2013) that doesn’t include at least a 5 percent fund balance.

Already faced with millions in cuts, committee members admitted it’s going to be difficult for the district to find additional reductions to fund that 6 percent reserve balance.

“It’s going to be an extremely difficult goal to reach in the current austere environment,” Kessler said. As it stands, the current ratio of district revenue to reserves is 2.71 percent – or $2,025,285.

It’s going to be an extremely difficult goal-cubed to reach, if the .5 mil referendum doesn’t pass. Instead of looking at a $6-8 million budget shortfall, assuming a 6 percent reserve fund balance, add $9.5 million more to the budget shortfall, if the referendum fails. To see that scenario in historical perspective, this year’s school budget of $80 million is $10 million less than last year’s budget, which was $10 million less than the year before’s budget. I again wonder if the only real solution, if the referendum fails, is to close all schools and dismiss all teachers and other school employees, and let all students be taught online, at home, on Tallahassee’s dime and supervision. Sell all School District real estate, pay off all School District debt. Imagine the savings to the county’s taxpayers. Imagine no more School Board races and no more local schools scandals and no more articles in The Citizen and the Keynoter and on my blog about the School District.

On the referendum are these three letters to the editor in The Citizen today. The third letter, against the referendum, is gibberish.

Please take time to vote on referendum

Want to do something simple yet profound, something that will take five to 15 minutes yet could save $9 million?

Even if you don’t have school-aged kids — or if you’re a Democrat or Independent — you, along with Republicans, have until next Tuesday, Jan. 31, to step outside your busy life and make the effort to vote “yes” on the referendum to shift funds between budget categories for our school district.

Why bother? The outcome will affect all of us. If it fails, each teacher’s salary could be slashed by $10,000, and that’s just the beginning. There would go the school nurses and classroom supplies, student athletics, art and music programs, and more.

Think about how well-rounded and informed you are due to your education; now imagine setting loose a slew of young people into the world who were never afforded the same kinds of opportunities. Stunting their competitive edge in the job market, the elimination of funding for school operations would leave our children without the best contraception there is: hope for the future.

Your taxes will not go up if you vote “yes.” You don’t even have to leave your house if you request an absentee ballot by this Wednesday (call 305-292-3416). Otherwise please invest in our community by taking the time to get to your polling place on Jan. 31.
Kim Romano

Key West

Flexible funding is a
common-sense solution

I encourage all residents to support the flexible funding referendum on the ballot Jan. 31. The referendum will allow some of the money collected in a capital improvement fund to be used for general expenses.

This is a progressive approach to help the schools meet their financial obligations. This referendum comes for voter approval after the teachers and other school employees have taken major concessions, including paying more for health care, reduction in pay through decreased salaries and a decrease in the number of days for which the employees are paid.

The cuts and reductions have helped, but is not the end-all answer. The continuation of current practice using a portion of capital funds for operation is imperative. Without the referendum, the only people hurt will be the students.

This referendum does not increase taxes; it only continues current collection and practice. Please do not hold the staff and students hostage for ill feelings toward the Board of Education or the superintendent. Educating the young people of America is one of the primary responsibilities of the adults in any community. Using capital fund money for operations, when the money is not needed for capital improvement, is a common-sense approach to meet the financial obligations of the School District.

Please allow the continuation of current practice. Vote yes Jan. 31 for the flexible funding referendum. Help our young people succeed.

Bruce W. Hulme

Key West and

Wadsworth, Ohio

School referendum is a budget shell game

I sincerely regret that the pro-referendum “PAC” uses trickery to get more money for the [School District] operating budget. Come on now; if you are going to give a raise to the union-led schoolteachers, call it what it is. Allow the millage for capital improvements to expire and try to get a raise for the teachers by identifying the actual goal.

Public employee unions have hoodwinked and coaxed the taxpayers with great political skill. Don’t be fooled, make them ask for their raise, not just an end run to our pocketbooks.

John Imbus

Shark Key

Also received this from Larry Murray, replying to yesterday’s the Glynn Archer, Horace O’Bryant, Trumbo triangle – Key West post. A bit of a bomshell Larry brought. My comments in italics:

Sloan:

I thought that your commentary today was exceptionally cogent, i.e. I agreed with virtually all that you wrote. I especially enjoyed your observation that it’s awfully hard for John Dick and company to promise to raise the capital improvement millage by .5 mil should the referendum fail when the District can afford to give away a $5 million asset. More importantly, from my point of view, I remain mystified at what the School District gets out of the deal. What has been said suggests very little.

Two thoughts occur to me:

1. While parking the buses on Stock Island during the reconstruction of North Roosevelt Boulevard sounds like a good idea, so far as I know the fuel dock and maintenance operations will remain at Trumbo Point. How is that going to work?

Maybe they helicopter the buses to the fuel dock and back to the Stock Island parking lot?

2. Speaking of school property, tomorrow’s agenda also includes a discussion of the title the School District has to the Trumbo Road property. My sources tell me that the Navy gave the property to the School District in 1977 with the codicil that it had to be used exclusively for educational purposes for 30 years or 2007.

Sometime in the mid-90?s, the School District gave the city a sliver of property directly behind the Steam Plant Condominiums. That was done with the permission of the Navy, I am told. However, in granting that permission, the Navy extended the 30-year mandate beyond 2007. I do not know exactly where it stands now and I hope that there is a clear and fruitful discussion at tomorrow’s meeting.

If there is such a restriction on the property, that could change lots of hopes and dreams. If there is such a restriction, it needs to be in plain view now.

I have also been told that Ed Swift may have an agreement with the School District whereby they would lease the land to him should the District cease using the Trumbo property. Again, I don’t know the particulars about this and, again, I hope that there is a clear and fruitful discussion at tomorrow’s meeting.

I heard Ed once had an option, but I thought it was on the city’s Trumbo property. I hear lately he’s in a bit of a financial strain and isn’t likely to be starting any new developments. Options usually can be sold.

In sum, I agree with you that tomorrow’s agenda is extremely lengthy and includes several significant financial matters, all of which deserve a clear and fruitful discussion. The agenda includes Glynn Archer School, the Harris School money, the HOB project, Marathon Manor, Trumbo Point, the Montessori School, etc. etc. I do not see how the Board can intelligently wade through so many major financial issues in anything resembling an intelligent manner. It will be interesting to see. I plan to be there and expect to see you.

Larry

I’m not convinced the School Board can even wade through the charter school under-budgeting, and am having trouble feeling I finally got to the bottom of it. The overall schools budget is, well, probably not understandable by anyone, is what I’m coming to think. I asked Andy Griffiths [the senior School Board member] to try to explain it to me in language a third-grader would understand, and he said he would try, but so far, I don’t have that from him. Asked the same thing of Ken Gentile [the School Board's Internal Auditor] about the charter school cost overrun, and he said he would try to get me something, but so far, I don’t have that from him.

Sloan:

Like your helicopter idea.

As for Ed Swift’s leases on what property, I do not know. Margaret Romero has been digging into this.

As for the title search on the Trumbo property, they are indeed, in Stuart Kessler’s word, a “cloud” on the title. The District cannot sell the property at this time without approval from the Navy. Will explain in more detail tomorrow. Trust me, it is a very serious problem that calls for full disclosure.

Yes, the budget is Byzantine which is how the bureaucrats like it. What can I explain to you? Ask me tomorrow. Gentile is useless.

Larry

P.S. Just got off the phone with Todd German, he said Ed Swift got an option on the School Board’s Trumbo property.

Todd said he had not heard any Navy restrictions.

Sloan,

Thanks for the update re: Ed Swift. I still recommend talking to Margaret as she has done a lot of research. I thought that I had described the “cloud” with Todd. Guess not. Will explain it to him later. In the interim, it is very real. Ask Stuart Kessler who has read the complete report of the title search. In 25 words or less, the Navy gave the District the land in 1977 with a codicil that it could only be used for educational/public purposes for 30 years. In 1995, the District asked the Navy for permission to deed a small section to the City of Key West, the land that sits directly behind Ed Swift’s condos. The Navy said “okay”, but then proceeded to extend the codicil another 30 years beginning in 1995. That’s the long and the short of it. For the District to sell or lease the land for anything other than educational/public purposes, they would have to get permission from the Navy, a waiver of the 30 year restriction.

Larry

I usually can be reached at keysmyhome@hotmail.com, but today I’m taking a refresher course in smelling and decoding B.S., because it’s gotten a lot more creative lately. Todd German said, I agreed, the School District needs to check the title for all of its real estate holdings.

the Glynn Archer, Horace O’Bryant, Trumbo triangle – Key West

Monday, January 23rd, 2012

Received this yesterday from School Board candidate Larry Murray:

An Open Letter to the School Board
 
Gentlemen:
 
I was disappointed, though not surprised, to learn that the agenda for your January 24, 2012 meeting includes “Approve MOU with the City of Key West For The Glynn R. Archer School Property.”This will be a most significant decision with some serious financial ramifications for a School District that is struggling to balance its budget.
 
My disappointment stems from the fact that the School Board has spent very little time publicly discussing alternative uses and the elements involved for transfer or sale of this valuable property.There was some discussion at your December 13, 2012 meeting at Coral Shores High School. The discussion was quite preliminary as the Board was clearly still in the idea stage.
 
That discussion probably would not have taken place had not the Key West City attorney, Shawn Smith, spoken out.His message was clear.The school District had until its meeting of January 24, 2012 to make up its mind as to what it intended to do vis-à-vis the Archer School or the City was going ahead independently.The City was tired of waiting.
 
During your workshop on January 10, 2012, at Marathon High School, it was revealed that Mr. Smith had followed up his warning with an email in late December to Board attorney Richard Collins.The content of that email was not revealed, but it is not much of a reach to conclude that it pertained to the possible transfer of the Archer School.
 
As he should, Mr. Collins forwarded the email to Board Chairman John Dick.For unexplained reasons, Mr. Dick sat on the email for two weeks before informing the Board.When he did act, the District email system had crashed and the communication sat in limbo.The email ultimately arrived in Board members’ mailboxes in the middle of the workshop, though its content was not disclosed.
 
The agenda for the January 10, 2102 workshop was spartan, three items, one of which was deleted.I would think that would have been a perfect opportunity for an in-depth discussion of the Board’s plans for disposition of the Archer School, particularly by transfer to Key West, prior to taking action.
 
The workshop would have been an ideal setting for a full analysis of all options regarding the Archer School.The email from Mr. Smith could have been used as a framework for what might be done concerning a transfer to Key West.I thought that was the primary purpose for workshops, analyzing before deciding.Opportunity lost.
 
Instead, there will be only one discussion of substance regarding the Archer School at your January 24, 2012 meeting and that discussion will be held under the cloud, a Sword of Damocles if you will, that a decision must be made immediately.A decision will have to be made in a very busy meeting, an agenda that runs to three pages and will surely reduce the time available for reasoned analysis.
 
There will be no room for public input or awareness of the Board’s plans as its intentions will not be revealed until the eleventh hour.Typical of the School District, the decision will be made by the “seat of your pants” at the last minute, a rush to judgment.Crisis management at its best.I ask you:Is this any way to run an $80 million per year business?Is this any way to decide on the future of a multi-million dollar property?
 
Larry Murray
January 22, 2012
 
PS:I also read on the agenda that you intent to confirm the decision to convert the monies from the sale of the Harris School into a slush fund for the mistakes on the HOB project, something Joe Burke assured me was not happening and would never occur.
 
My thoughts.
 
I had thought Glynn Archer would be discussed at the workshop, and was puzzled why it was not. The workshop lasted maybe an hour and a half, if that long. I agree with Larry, the workshop would have been an ideal time for the Board members, in the sunshine, to discuss the city’s email re Glynn Archer, so the Board members could get citizen input from Capt. Ed Davidson, Larry Murray and myself, the three citizens who attended the workshop. I imagine it would have been lively in a workshop setting, just as the discussion of other matters at the workshop, including Board member Robin Smith-Martin’s Vote Yes for the .5 mi referendum flyer, which was not on the agenda, became lively. As Larry pointed out in his open letter, Glynn Archer now will be squeezed into what looks to be a long Board meeting. However, it will be the second Board meeting at which Glynn Archer was discussed with prior public notice.
 
I always felt Glynn Archer was the best site for Key West’s new city hall, but I was concerned what it would cost the city to redo it; I was concerned the School District and the city, behind the scenes, were trying to sell their Trumbo properties to Ed Swift, or some other developer, so the School District could move its administrative offices to Glynn Archer, instead of to Marathon, where the administrative offices should be located; I was concerned the city should not partner with a School District showing acute symptoms of schizophrenia and disrespect for the city’s building height code re the new Horace O’ Bryant, Middle School which situation was aggravated by a later decision to move the Glynn Archer elementary students to the New Horace O’Bryant, making it a K-9 school, which required another building on the new campus, which eliminated the chance of redesigning the new middle school and reduce it the heights of its buildings; I was concerned the city should not partner at Glynn Archer with the School District, which was showing acute symptoms of a seriously dysfunctional family.
 
What looks to me has happened, which I told John Dick maybe two months ago, when I first learned he wanted to give Glynn Archer to the city, in exchange for somewhere in the city to park the school buses, is giving Glynn Archer to the city is appeasement for the height of the new Horace O’ Bryant Middle school, which infurated many city residents (translates voters), and the sale of the old Harris School some years prior to a private party at for about half the appraised value, which infurated many city residents (translates voters). The city getting Glynn Archer for almost nothing might cool all that resentment and sway votes for the referendum. However, giving Glynn Archer to the city counters the argument that the School District will need to replenish its capital account with the .5 mil, if the referendum fails. If the School District can afford to give away a $5 million capital asset, it doesn’t need additional millage for the capital fund.
 
When the city re-does North Roosevelt, which wil take about 2 1/2 years, that will mean the school buses, which currently park at the School District’s Trumbo property, will have a lot farther to drive to pick up students. So, a parking area for buses on Stock Island, above the construction, makes a lot of sense for buses that do not currently use North Roosevelt. As does selling the School District’s Trumbo land to a developer make a lot of sense. That, too, would replenish the capital fund. As would selling many of the School District’s unneeded real estate properties, including the Randy Acevedo Memorial White Elephant next door to Marathon High School, which was buit to the size of Key West High School, although Marathon only had about half the student numbers Keys West had. The Marathon parents wanted equal treatment, so now they have a high school that has lots of empty space, which would be ideal for centralized (more cost efficient) School District administrative offices.

Also, this in The Citizen today:

 
School Board to discuss Glynn Archer giveaway
 
BY GWEN FILOSA Citizen Staff
gfilosa@keysnews.com

The Monroe County School Board is moving one step closer to freely handing over the Glynn Archer Elementary building to the city of Key West, and making the city swear to preserve the historic mural in the auditorium.

A four-page proposed legal agreement awaits a vote by the five-member School Board, which meets at 5 p.m. Tuesday in Key West at the district’s administrative offices, 241 Trumbo Road.

If the board approves this preliminary agreement Tuesday, then the city and the schools will have their lawyers draw up a full contract and interlocal agreement for final approval. Mayor Craig Cates wants the building for a new City Hall, although the City Commission already has plans drawn up for a new City Hall to be built on Angela Street, replacing the current structure.

In November 2010, 70.5 percent of voters authorized the city to negotiate for the Glynn Archer building.

The agreement now before the board includes new details, such as requiring the city to provide land on Stock Island adjacent to the Gerald Adams Elementary school for the district’s bus parking.

“Such land shall be provided by transfer or long-term lease without charge,” states the agreement, drawn up by City Attorney Shawn Smith.

Also, the city “shall retain the name of Glynn Archer in some form,” the document reads, such as “Josephine Parker City Hall at Historic Glynn Archer School.”

Parker, a city clerk, died in 1999, and her name was given to the 525 Angela St. building that is now vacant, as city offices have moved to temporary rented space at Habana Plaza on Flagler Avenue.

The city must also provide office space for the superintendent, one School Board member and an administrative assistant within the walls of Glynn Archer, the contract reads.

The School Board intends to deliver the White Street building to the city between Jan. and June 2013, when the new Horace O’Bryant K-8 school is set for completion.

In this latest development, the School Board wants to give the building at 1300 White St. to the city rather than try to sell it to a developer once its students move to the new HOB campus in 2013.

Recent history likely plays a part in the School Board’s motivation: Chairman John Dick has pointed out that the former Harris School still sits empty in Key West’s Old Town since the School Board sold it to Peter Brawn in 2009.

Brawn paid $4.5 million, a little more than half the assessed value, for the turn-of-the-century building on Southard Street. In early 2011, Brawn’s attorney offered to sell the school to the city for $6.9 million, drawing no interest.

Another unpleasant real estate memory for the School Board also graces the agenda on Tuesday.

An item on the consent agenda asks the board to approve a $100,000 bid to a company to provide clean fill for a pit on the 6-acre Marathon Manor property.

The district six years ago – with elected Superintendent Randy Acevedo at the helm – paid more than $7 million to for the property that formerly held a nursing home. Cay Clubs developers were going to create affordable housing on the property, but has since foundered.

Unable to sell it off to the developer, the School Board last year decided to prepare the Marathon Manor property for sale.

gfilosa@keysnews.com


My thoughts.
 
My recollection is, the School District offered to sell Harris School to the city, and the city declined. Harris would have been a great place for the new city hall in Old Town, with lots off off-street parking on a one-way street into Old Town. The sell offer Brawn made to the city is actually an offer to sell for about what he paid for Harris School, plus built-in interest, which the IRS would require him to amortize over a reasonable length of time. If you don’t believe me, ask any accountant, tax lawyer, or savvy developer.
 
I have heard from people who should know that Gerald Adams itself was a fiasco because it was built far away from where nearly all city residents lived and city children had to travel a ways by private vehicle or school bus to get there. In particular, I was told Bahama Village grammar school students, who lived about a mile from Glynn Archer, were bussed about five miles to Gerald Adams. Most of the Bahama Village bussed children were of African-American descent. I don’t know what race most of the chidren were at Glynn Archer, other than they weren’t mostly of African-American descent.
 
I usually can be reached at keysmyhome@hotmail.com

enabing homelessness – The Key West Citizen

Sunday, January 22nd, 2012

“The poor will always be with you.”

There has been a great deal of news lately in The Citizen on homelessness, and on not enabling homeless people to be homeless. The other day, The Citizen enabled a homeless man to exercise his First Amendment rights of free speech and freedom of religion.

From The Citizen, January 18

Our nation is based on the Christian faith

Our country was founded and based on Christian principles that have served us well ever since. Now it seems that the so-called 15 percent of the non-Christians are leading the rest of us 85 percent around by the nose and trying to undermine those very same principles.

To be politically correct, we are no longer supposed to use the words God, Christ, Jesus, etc., or have the Bible or Nativity scenes displayed in any public buildings, including schools, courthouses, or any other federally funded buildings. They are trying to take prayer out of schools and the military, the word ‘God’ off of our money and out of our Pledge of Allegiance, and trying to take Christ out of Christmas, among other things. Well, I’m fed up with it all and I think I’ve come up with a solution.

Here it is. All those who oppose our Christian way of life can refuse to pay federal taxes. That’s right; they can refuse to pay federal taxes and not be penalized for it. All they have to do is register as an atheist, devil worshipper, voodoo practitioner, or whatever. That way they can no longer argue the fact that since they pay taxes they have the right to voice, or should I say “force,” their opinions on what can or cannot be done on federal properties. But, of course, by refusing to pay taxes they no longer will have access to our public schools, courthouses, etc., or programs such as welfare, Medicaid, or anything else subsidized by our federal tax dollars.

To make up for the shortfall in taxes, having the 15 percent off the federal dole would more than make up the difference. Plus, look at all the money we would save by not having to mitigate their inane demands.

Will this idea work? Probably not. Is it far-fetched? Of course it is. But I will say this to the 15 percent: If you don’t like what we do with your money, then keep it and shut the hell up!

Dave Scott

Marathon

Since then, I have seen four reply letters to the editor in The Citizen.

January 21

United States based on democracy, not religion

In a recent letter to the editor, Dave Scott made the persistent and untrue statement that the USA is based on the Christian faith. This intentional lie or ignorant fantasy shows a complete lack of knowledge or understanding of our nation’s history. It’s like saying that Rome is based on Catholicism, even though it existed long before Jesus was born.

Maybe this fantasy has its roots in the story of the Pilgrims, who were persecuted in England and parts of Europe and started to settle the colonies. They then adopted the worst traits of those they fled and started to persecute anyone who didn’t believe as they did. One thing all the Christians at one time or another seemed to share was the need to murder uppity women for being witches, murder homosexuals and anybody else they considered heretics to their one “true” faith.

The Founding Fathers rebelled not only against the tyranny of the English crown but also against the false theology of the divine right of kings promulgated by leaders of the Protestant and Catholic churches. The writer of “Common Sense,” which was read around the campfires at Valley Forge and kept the revolution alive in its darkest hour, was written by Founding Father and atheist Thomas Paine.

Mr. Scott and others seem to think that because the majority of Americans say they are Christian of some form or another, then he has the right to use the public square to proselytize using public funds they way they do in Iran. He has no right to do this; it is un-American.

This nation is founded on evolving concepts of Greek democracy, Roman republicanism and the rule of law. I’m sure Mr. Scott thinks I should “shut the hell up,” to use his term. I’m sure he doesn’t care one bit for what I have to say, so let’s end with this quote. “The United States of America are not founded upon the Christian religion or any other religion.” George Washington, 1789.

Michael Berzellini

Key West

Where did letter-writer get his information?

Wow! I have seen so many letters to the editor in so many newspapers throughout the USA, but the one in the Jan. 18 edition of The Citizen defies all explanation. First, why your newspaper would print such drivel with absolutely no basis of fact throughout is amazing. Next, if Mr. Dave Scott really believes his assertions, where did he get his information?

There is no study or report anywhere that indicates an 85 percent plurality of Christian believers in this country. Where in the Constitution is anything mentioned about Christianity?

Mr. Scott says he will relieve us nonbelievers of any tax responsibility if we agree to no services. That is fine with me, but all his so-called Christian folk must fight all future Bush wars based on lies and lack of compassion.

Mr. Scott says he is tired of nonbelievers “forcing” their beliefs on the Christian majority. Is he insane? The forcing of beliefs comes from the right-wing Republican defectives who want all to bow to their hypocritical agenda. No room for compromise. The same thing happens in other areas of the country, such as Brown City, Mich., where a very prominent sign says if you don’t believe in saying “Merry Christmas” rather than “Happy Holidays” then you should leave the U.S.

No, Mr. Scott, I am not going anywhere, but maybe you should go to a real church that practices what many say are the true tenets of Jesus Christ: tolerance, love and compassion. I believe people like Mr. Scott have none of these attributes, just hypocrisy.

From The Citizen, January 22

Wendell Hamilton

Brown City, Mich.

Christian letter-writer should check his facts

This is in response to a Jan. 18 letter on the subject of the United States being a Christian nation founded on Christian values.

I will start with the end of the writer’s letter. After pontificating on his Christian values, the last sentence reads: “If you don’t like what we do with your money, then keep it and shut the hell up!” Is that how Christ would say it?

This letter was so full of misinformation and made-up gibberish, I hesitated to dignify it with a response, but I just couldn’t help myself. For example, “In God We Trust” was minted on the two-cent coin for the first time in 1864 as a response to the horror of the Civil War — and not introduced in 1776. The phrase was on and off coins for decades, and was only introduced to paper bills in 1957.

The Pledge of Allegiance had the phrase “under God” added in 1954 after a campaign by the Knights of Columbus — again not an “ancient” Founding Father’s decree.

As for the Founding Fathers, they were for the most part of varying Christian faiths, but deism and Unitarians were in the mix along with the liberal-thinking of “enlightenment.” These far-thinking gentlemen purposely kept religion out of the Constitution to avoid the very Taliban-like behavior that some of the “Christian” community mimics. To listen to the writer, one would think Jesus wrote the Constitution!

As for the writer’s solution to this “problem” of nonChristians’ “inane demands,” all I can say is holy crap! I guess he is so ill-informed that he has inane demands confused with civil rights guaranteed by the Constitution — you know, the one written by the Founding Fathers. They left room for everyone on purpose. The Jews, Muslims, Buddhists, Christians and atheists, just to name a few. Apparently, in the writer’s world, if you’re not a Christian, you are a devil worshipper or a practitioner of voodoo.

Please sir, turn off the Fox News and question your sources of information before you write a letter to the editor.

Alex Symington

Key West

Founders were clear on religion, government

In response to Dave Scott’s angry diatribe and recommendation to completely disenfranchise all nonChristians in the U.S., let me quote the founder of that religion: “Whatsoever ye have done unto one of these, the least of my brethren, ye have done it also unto me.”

Let’s pretend (admittedly far-fetched) that the founders of this wonderful country did intend to found a theocracy, as Dave seems to believe. What kind of theocracy should it be? Catholic? Protestant? Quaker? Mormon? Or should we return to our roots and embrace the Puritan faith and all that implies?

Dave seems to believe that, because our currency and our Pledge of Allegiance make reference to God, that makes us a “Christian nation.” But “under God” was added to the pledge in 1954, and our original currency said nothing about trusting in God. Our founders were pretty clear on the subject. Adamant, even.

I am thankful that I live in a country that has, time after time, in her courts and in her legislation, reinforced one of the most critical founding principles of this nation — that of separation of church and state. And I am also thankful that we recognize that we are always in the process of “forming a more perfect union” by interpreting those principles and never sitting back and saying “there, we’ve done it.”

Imagine how shameful we would feel if this nation forced any particular religion on others. That is precisely what is happening when our tax-supported institutions display the Ten Commandments, etc. Imagine going to a public school and seeing only passages from the Quran posted on the wall. See how it works?

I think Dave is wrong about some fundamental founding principles of this glorious ongoing experiment in democracy, as well as the teachings of perhaps that greatest of all teachers, Jesus. I have read the red text many times and all I find are lessons of inclusion, compassion, gentleness, harmony, patience and love for all. I doubt seriously if He would endorse your instruction to “… keep it and shut the hell up!”

Roger Cunningham

Key West

My thoughts.

Maybe they didn’t teach American history in schools Dave Scott attended.

From all I have read, the Founding Fathers founded a nation based on white male supremacy.

I have read the Declaration of Independence was penned by a Deist named Thomas Jefferson, a slaveholder known to have no respect for Christianity, and who later led the charge to keep Christianity from becoming the state religion of Virginia in its Constitution.

In the Declaration of Independence, which was the beginning of America as we know it, there is no mention of Christianity. There are four different mentions of God, none remotely resembling Bible or New Testament terminology. Some of the men who signed it were Christians, some were not.

I also have read the Founding Fathers did not want to see repeated in America what had happened in Europe at the hands countries allegient to only one sect of Christianity, and that’s why they passed the First Amendment, guaranteeing freedom of the press, speech and religion, and prohibiting government estabishment of a religion. Even Christian congressmen voted for that Amendment. Because of that Amendment, every American can write letters to the editor and get them published, and every American can be a memmber of any or no relgion, or believe in or not believe God exists.

Consider other tenets of Jesus, as well: resist not one who does evil; forsake an eye for and eye and a tooth for a tooth; love your enemies and pray for and do good to those who persecute you; turn the other cheek; take no thought for your own life; fear not him who can take your life, but fear him who can take your life and your soul (God); if someone takes your goods, ask not for them back; if someone asks for your shirt, give also your coat; it is more blessed to give than to receive; love your neighbor as yourself, even if he is a hated Samaritan; the kingdom of God is not of this world …

I read somewhere the Republican bigwigs sizing up Abraham Lincoln as their candidate for president said to him something like, “It is said you do not attend church,” to which Lincoln replied, “That is true, but I would, if I could find one where God is in charge.”

I read somewhere else Lincoln said something like, “When the Lord wants me to do something, he finds a way to let me know, and when the Lord doesn’t want me tto do something, he finds a way to let me know that, too.”

I read somewhere else Lincoln was well-versed in the Bible.

My spirit controllers, one goes by the name of Jesus, told me a few years ago that Christianity is the Anti-Christ because it claims Jesus as Lord but does not do what he said to do and does what he said not to do. Often have I written, in God’s eyes, we all are homeless.

As for George W. Bush’s wars, I think Bush and all American Christians who supported his wars, including Barack Obama, should be on the front lines in Afghanistan. That Christians still wage human wars indicates they do not understand the war Jesus waged and taught others to wage – within.

Sloan Bashinsky

I usually can be reached at keysmyhome@hotmail.com