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Venice on the web
A semi-regular column

Venice Burning
It's toast time for the city as their best-laid plans start to go up in smoke
-- John Patten, 01/20/03; revised 01/22/03
-- 
jpatten@veniceflorida.com

Got a comment? Make it here.

Related:
Golf group focuses on settlement
-- Sarasota Herald Tribune, 01/18/03
What's Venice's city attorney supposed to do?
-- editorial, Venice Gondolier Sun, 01/18/03

Just when you thought things couldn't get any weirder in Venice, they somehow do
The FAA turns the flames on high by sending out a formal Notice of Investigation into the city's finances. City Manager George Hunt responds by playing hide and seek with the paperwork -- the city's own attorney, Bob Anderson, is scorched and unamused. The police are considering picketing city hall. The city is facing the possibility of a multi-million dollar lawsuit for violations of civil rights, a case with First Amendment ramifications that the ACLU may get involved in, for the false arrest of a senior citizen at a city council meeting. Rumors circulate that the city is buying George Hunt a new gun.

What's next? Gunplay in the streets? Oh wait, that happened a few months ago when a postal worker was shot while delivering the mail. The teenaged assailant was identified but never arrested and, truthfully, nobody really gives a damn.

If the city caught fire now, would anyone bother to call the fire department?

 

The FAA fans the flames; Hunt plays Paperwork Peek-A-Boo with the city attorney
At the city council meeting on January 14, city attorney Bob Anderson informed council and the public at large that the FAA had given legal notice waaaaaaay back in early November to the city of a formal investigation that was underway. One of the charges: diversion of revenue.

Problem: George Hunt took his sweet time letting anyone know about it. According to Hunt and Mayor Dean Calamaras, a screw-up in Hunt's office caused the paperwork to be temporarily lost. Calamaras stated it was Hunt's secretary who screwed things up by losing the paperwork for a time and he stated that she had admitted that it was her fault.

Hunt gave a different version: he said he didn't recognize the formal notice of investigation as a legal document for quite a while and left it sitting on his desk unread, and that was why he didn't bring the city's own attorney up to speed until it was nearly too late.

DOH!!!!!!!

What makes both explanations unbelievable is that Jeff Boone, attorney for the Venice Golf Association, somehow received a copy very early on from Hunt's office, and he immediately recognized it for what it was. The VGA golf course is on airport land and their lease with the city is at the heart of this whole mess. The Boone law firm wasted no time: they formulated and fired off a response to the FAA's notice on behalf of the VGA before the city attorney even knew the notice existed.

Meanwhile Hunt, acting on a notice that he supposedly was ignoring as he didn't recognize it as a legal document, somehow managed to do his own scramble and stall job. He wrangled an extension from the FAA to respond to the notice, pushing the date back until January 27.

This, of course, begs the question: who does George Hunt work for, the city or Jeff Boone and the VGA? Or are they the same thing?
 


City Attorney Bob Anderson explains the depth of the trouble that the city is currently in with the FAA

City Manager George Hunt listens as Anderson complains about being kept out of the loop

Councilwoman Virginia Warren: she wanted a 'shade' meeting ASAP

Jeff Boone and his father, Dan, both attorneys for the VGA, listen attentively to the proceedings

Vice-Mayor Rick Tacy: he wanted to know why Hunt had kept Anderson in the dark

Councilmen John Moore (left) and Jim Myers; Moore suggested getting the situation in front of a judge for a timely resolution

Two opposing forces: Jeff Boone (left) confers with Taxpayers League prez Herb Levine just before the public speaking portion of the council meeting

Taxpayers League treasurer Roy Stout tries to keep a straight face as Hunt explains why Anderson wasn't kept informed

photos: J Patten

And all of this happened while either Hunt's secretary had temporarily lost the paperwork (according to Calamaras) or while the paperwork was sitting on Hunt's desk, ignored and unrecognized as a legal document (according to Hunt).

Yo, guys: if you are going to use a cover story, it really, really helps out a lot in the credibility department if you would all agree in advance to use the same one. When you start dishing out different and conflicting cover stories, it begins to look like you are hiding something. Not that you would ever do that, I'm just sayin'...

Anderson to council: "This is a serious legal matter"
At the January 14 council meeting, Anderson spelled out the nature of the investigation, which included an allegation by the FAA that the city had wrongfully diverted airport revenue, a major no-no (mp3 audio -- 2:01, 1MB).

Anderson went on to explain the ramifications of the current conflict with the FAA and how it has now escalated into an extremely serious legal matter. Anderson stated that the conflict has caused the Federal government to withhold airport funding in 2000, 2001 and 2002 for airport improvements (the lost funding is estimated to be in the millions of dollars and there is no chance of ever recouping those losses). Anderson said that continuing the conflict would cause future denials of funding in 2003. He also complained loud and clear that the notice of investigation should have been sent to his office immediately as soon as the papers were initially received, and finished by strongly suggesting council adopt a three-pronged response to the notice (mp3 audio -- 2:46, 1.3MBs).

Councilwoman Virginia Warren expressed her uncomfortable feelings about discussing anything about the matter in the public's eye, and she wanted a 'shade' meeting immediately. Florida law allows for closed 'shade' meetings outside of Sunshine Law requirements in certain circumstances, including to confer with an attorney over pending legal matters. Warren wanted a shade meeting and she wanted one pronto (mp3 audio - 2:45, 1.3MBs).

Councilman Burt Brown brought up the lobbyists in Washington. The city has twice paid a lobby firm the sum of $5,000 in an effort to get some congressional sympathy on behalf of the city and the VGA. Why the city was footing the bill for lobbyists on behalf of the VGA is another extremely curious matter entirely, but the really odd thing is the small amount spent: $5,000 in 2001 and another $5,000 in 2002.

$5,000 in Georgetown buys a couple of rounds of watered-down drinks and a couple of beer chasers. You might have enough left over for a small tip. It is certainly not enough to financially motivate any lobbyist to actually achieve any desired results. That money would have been better spent if it had been placed in the city's July 4th fireworks fund -- at least then we could have actually seen the money go up in smoke.

At any rate, Anderson stated he felt that the Washington lobbying was an exercise in futility at this point and that even considering continuation of that route totally misses the point (mp3 audio, 1:36, 0.7MBs).

Where did Hunt stand on all of this? As far back as possible, and he was trying to backpedal even further as Vice-Mayor Rick Tacy tried to find out why Hunt had kept the city attorney out of the loop until it was nearly too late (mp3 audio, 0:57, 0.5MBs).

Newly elected council member John Moore offered up a surprisingly strong voice of reason. In response to an open question to council from Anderson, Moore stated his agreement with Anderson that this is a serious legal matter that has gone on for too long. He urged Anderson to get the case in front of an administrative trial judge as soon as possible for a final resolution (mp3 audio, 0:49, 0.5MBs).

Jeff Boone apparently felt that Moore's suggestion was anything but a good idea. During audience participation, Boone accused the FAA of not following their own rules and suggested that in cases like this, the lawyers are often the problem. Boone stated that his law firm has been on top of the case all along and urged council to continue to negotiate outside of a courtroom with the FAA. It is Boone's stated hope that a favorable settlement will occur without ever having to get the case before a judge.

The city has since had their shade meeting and has authorized Anderson to take the lead in the matter. Anderson has, in turn, retained an attorney in the Washington law firm of Foley and Lardner to act on the city's behalf.

Anderson would not discuss any planned legal tactics that are in the works for dealing with the FAA investigation. Refusal to divulge such information is absolutely correct on Anderson's part in order to protect attorney/client privilege.

The legal fees for the Washington attorney alone will well exceed the amounts paid by the city to date for lobbyists. Since the VGA, and not the city, is the prime beneficiary of all of this legal maneuvering, one would hope that the VGA, and not the city, will be picking up the legal tab for this mess.

One would hope, anyway. It ain't gonna happen, but one could still hope.

 

Other fires burn unattended: the police talk of picketing city hall
While no one has yet made a formal announcement, inside sources have informed Venice Florida! dot com that the negotiations between the city and the union reps at the police department have all but fallen apart. The city is offering a 3% raise, the union maintains that that isn't nearly enough and that the department can't recruit properly with starting pay so low. The city is digging their heels in and so are the cops. Rumors that cops are prepared to picket city hall are not yet confirmed, but nobody's denying them either.

My opinion, and an informed one at that: the police officers in this town have long been given the shaft by city hall and it's about time the city paid back its debt. It is the right, moral and honorable thing to do. If the cops do picket, I'll be more than happy to join their ranks and carry a sign, and I encourage every citizen with a conscience to do the same.

While I'm thinking about it, let the cops take over and maintain their own computer systems. There is absolutely no justifiable reason that an uncertified civilian (one who was under non-investigation for illegally funneling city funds into his own company's coffers) in city hall should have desktop access to every computer within the police department. The current technology policies that the city has stupidly imposed have been a total disaster, they are a security nightmare, and are yet another cause for the low morale at the police department.

 

Furious George goes gun shopping?
Speaking of rumors, this one's a gem. It's an odd rumor that's been floating around the city for a couple of weeks now, and it's about our beloved, good-natured, wacky city manager and his proclivity for firearms. The rumor goes like this: George Hunt is getting a new gun, a cute little semi-automatic Glock, and it is being paid for with city funds from the police budget.

While our sources for the rumor are credible, denials came fast and furious.

I asked Police Chief Jim Hanks about it, Hanks categorically denied that anything of the kind was in the works, and I've never known Hanks to tell a fib. Hunt likewise rebuffed the rumor, telling a local newspaper reporter that the story was absolutely untrue.

Now that's what is called an unsubstantiated rumor. I get a lot of unsubstantiated rumors, some of them turn out to be true and some of them turn out to be false. This rumor, it turns out, falls in between those two, landing in the jar labeled "Permanently Unverifiable."

So why would I even mention this one?

Because of the seeming outrageousness of the rumor itself. A rumor like that in any other city would be laughable and nobody would bother checking on it. Venice of late, however, has given new meaning to the Hunter Thompson phrase 'fear and loathing.' After all, Hunt has been known to carry a gun on the job and he publicly whined about not having his gun on him after being called a liar by Taxpayer League president Herb Levine. The aforementioned Glock is a small, easily concealed firearm, not readily noticeable when concealed properly within business attire.

Every time I see Hunt, I nervously give him a once over, looking for any unnatural bulges while consciously noting my surroundings in case I should need some quick cover and a hasty retreat. I can state with absolute certainty I'm not the only person in town who has this admittedly paranoiac trait.

For all that, the rumor, when first heard, wasn't all that unbelievable. It was definitely worth inquiring about.

And that is pretty damned sad.

 

Yet more flames that won't go out: city facing the potential of a multi-million dollar civil rights lawsuit
In an effort to stifle long-time government critic (and self professed not-nice guy) Herb Levine, the city thought maybe a trip to the hoosegow last September might bring him around to seeing the city's point of view.

Didn't work out that way. The State Attorney's Office kicked the case, stating Levine had broken no law and that the arrest, which had taken place at a city council meeting, was groundless.

At a Venice Taxpayer's League meeting a couple of weeks back, Levine announced that he had waited until the new year to see if anyone from the city would issue an apology, formal or informal. Since that didn't happen, he contacted an attorney who has agreed to look into the case. Levine further stated that the attorney (Levine won't cough up the name) has been in contact with the ACLU over the First Amendment ramifications of the case and the possibility of a Federal civil rights case.

The upshot? It's nasty. Within days of the State Attorney's Office dropping the charges, the arresting officer, former police chief Joe Slapp, announced his 'retirement,' officially due to high blood pressure. Hunt and the rest of the local power boys are reportedly nervous as hell waiting for Levine's next move.

That move could be major. Levine won't talk about any pending legal plans, but attorneys I've spoken with casually have tossed out figures in the millions as a realistic settlement.

And that's assuming that it's just Levine that files suit. When Levine was arrested, he was acting in the capacity of representing the Venice Taxpayer's League -- he had formally introduced himself at the meeting as an officer of the League. One legal eagle I've spoken with has pointed out an interesting possible scenario: both Levine and the Taxpayer's League filing separate lawsuits.

Then there is a former city employee who was publicly fired and humiliated at a city council meeting in mid-year who has purportedly contacted an attorney.

Top that off with this writer (myself), who has twice been accused on camera by Hunt of attempting to commit extortion on Assistant City Manager Marty Black. Hunt made the allegations in an attempt to discredit myself and Venice Florida! dot com after the publication of the series of PuterGate articles that exposed both fraud in the city's computer department and Hunt and Joe Slapp's attempts at covering it all up. Hunt has so far refused to file a criminal complaint in the matter, even though I publicly urged him to do so at a city council meeting a few months back.

To Hunt's credit, the tactic was largely successful in what it was intended to do: no law enforcement agency yet has taken the computer department fraud case to the State Attorney's Office for review.

Extortion. Gee, that's a felony, last time I checked. Extortion of a public officer is, if I am not mistaken, a Federal offense. 

Sic 'em, Herb!!!!

 

Four months after a postal employee is shot by a known assailant, no arrests have been made
Back around September of 2002, an odd story started to surface and then died quietly before the newspapers could pick up on it. Seems that a postal letter carrier was driving his delivery van along a normally quiet city street just a few blocks from the police department when he found himself being shot at.

A local teenager with a loaded B.B. pistol decided to use the letter carrier's moving van for target practice and fired off at least two rounds. The first round reportedly entered the vehicle through a side window and bounced off the windshield right in front to the driver's face. The second shot hit the driver, lacerating his hand, and then ricocheted around the inside of the vehicle.

The driver did the rational thing: punched the accelerator in pure panic and got the hell out of there. It wasn't until later that he discovered that he was cut and that he had been fired on with a B.B. gun.

A police report was filed, but then the police turned it over to the Postal Inspector's Office, as Federal jurisdiction in the case supercedes that of the local police. To date, the Postal Inspector's Office has done nothing but ignore the case. The juvenile shooter, whose identity is known, is still at large, never having been charged in the case. His gun was reportedly confiscated by police.

Our sources indicate that the police are anything but happy about the way that the Postal Inspector's Office has handled the case.

The postal worker (whose name is being withheld by Venice Florida! dot com) is currently still assigned to the same neighborhood and refuses to discuss the matter fearing reprisal at the workplace.

Bear in mind, this all took place at the same time that law enforcement in Maryland was looking for the roadside snipers, which may have been a contributing factor in the motive for the shooting. Coincidentally, it was at the same time that Public Safety Director Joe Slapp was investing all of his energies and that of the police department into the ill-fated Herb Levine investigation, so it's easy to see how it slipped off of his radar. After all, public safety is a subjective thing and priorities have to be set.

I'm with George Hunt on this one. Every civil servant in this town should be issued a firearm, from the mayor to the trash collectors. Wait, here's a better idea. George -- hire the kid, loan him your gun and point him in the direction of Herb Levine. It's not much dumber than some of the other city policies of late, and if the kid actually does the job right, you can always say you left the gun on your desk for a couple of weeks and forgot about it.

 

John Patten is the head of Web Operations for Creative Pages, and has worked in broadcasting for over 12 years. He can also be incredibly rude at times.

 


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