"We have real
issues here," said Robin Wynn, a stormwater worker who recently filed an
Equal Employment Opportunity Commission complaint against the city for what she
calls discriminatory treatment. "This city promotes institutional
racism."
The quote above, "This city promotes institutional
racism," caught my eye.
I spent almost 30 years with the City of St. Pete, well over
half of them as a manager, and my first reaction was: No, the City doesn't
promote racism.
Then I reread it. "This City promotes institutional racism," I thought
about the word institutional and my
view changed.
Over my time at the City of St. Petersburg there were
numerous studies on diversity, racial balance and a host of sensitivity
training sessions and yet here we are still dealing with the issue.
Why?
The conclusion I have come to is: the reason nothing changed
is because nothing ever really changed. Read that last sentence again.
The people who perpetrate these acts never pay the price for their actions.
All of this brought me back to an experience in may early
career as a manger with the City in the mid 80s when after promoting a couple
of African American employees, a fellow manager stopped me in the hall and
asked "you every gonna promote any white people?"
That spirit still exists as typified in this past week's
events.
Studies are great they keep consultants employed, sensitivity
training rarely produces any results and I have memories of laughing and
mocking by managers and supervisors following this type of training.
In fact, if you set near the back of the room, you can just
keep working away on your I pad and get a check mark on your HR form for sensitivity
training.
When racial retaliation or discrimination occurs there must
be a high price extracted from those who commit it because the victims are
paying a high price.
What has been sorely lacking in the St. Pete government up
to now is definitive action.
The will to actually fire people who commit racial acts no
matter who they are, who they know, who their relatives are and how long they may have been employed by the City.
Whether or not they may sue the City should not be a
limiting factor on deciding someone who commits these acts should be fired if
we really believe in equality.
And just moving these people to another job simply moves the
problem. You probably would not want your doctor just moving the cancer from
one part of your body to another.
From Christopher O'Donnell:
“Based upon the
results, we’ll design a citywide cultural competence program,” City
Administrator Gary Cornwell said. “That will take a little longer because of
the process.”
Gary Cornwell was HR Director for decades before he became
City Administrator, he and most of the longer term Directors and Mangers know
where the problems are and who most of the bad apples are.
It's time to call some people in and just tell them they're
through. If they can retire so be it, if
not they're simply unemployed. That will send the message and change the
culture.
The Kriseman administration has already shown it's willing
to act when given the facts.
They move a little slower at
times than I would like, but you can't short them on their courage to act on
what they believe is right and changing the racial culture at the City of St.
Petersburg is the right thing to do.
E-mail
Doc at: dr.webb@verizon.net. Or
send me a Facebook (Gene Webb) Friend request. Please comment below, and be
sure to share on Facebook and Twitter and e-mail to your friends.
Disclosures: Contributor to No Tax for Tracks.
If you would like to meet 13 elected officials who openly support lying to the public and misusing Federal funds click here:PSTA Board of Directors
The actions
of the PSTA Board of Directors mystifies the mind.
Ken Welch PSTA Board Chairman
The PSTA Board
has a letter from a federal agency that clearly indicates there may have been civil
and criminal activity by their chosen administrator.
They give him and their
Chairman a unanimous vote of confidence.
Not a "mistake" a deliberate
violation of a grant in an attempt to promote the Greenlight sales tax
referendum.
The total
response of Miller and Welch, "we made a mistake it won't happen
again". What they mean is they will more cautions so they won't get
caught.
I thought
you might like to get to know these people you elected so when you see them you
can thank them for their service. Click here: PSTA Board
of Directors
You might also want
to remember these names the next time you seem them on a ballot.
There are two citizen members on the PSTA Board. The often ask good questions, seldom get any answers
from their fellow board members or the administration.
When politically hot
items like this misuse of funds issue ariseboth have that deer in the headlights look, and
it seems to me they know what they should ask, but also know if they ask their
ride on the PSTA, dais will likely end.
E-mail Doc at: dr.webb@verizon.net. Or send me a Facebook
(Gene Webb) Friend request. Please comment below, and be sure to share on
Facebook and Twitter.
Disclosures: Contributor to No Tax
for Tracks
It became abundantly clear at the PSTA Board meeting that spending
time and energy riling at the PSTA Board of Directors hoping for an epiphany is
a waste of time.
You can hurl all the innuendos you want all they do is
respond in kind through their chairman and everyone comes off looking petty.
All of these so called public servants jumped on the
Greenlight train to support their CEO's outside the law actions and their
Chairman's undying support for whatever Brad Miller may do.
Interestingly some of them don't know the difference between
voting for something and raising their hands in approval.
Why all the unanimous votes? Simple. If you break ranks you
will lose that nice plush seat on the PSTA Dias, that little bit of PSTA pampering that makes you feel soooo good, and a day away from your real
work. Don't think so? Ask Norm Roche former
Pinellas County Commissioner.
Welch got little hot at the meeting need a fan to cool down.
Probably all that needs to be said.
Rather than go through this debacle again, which really
accomplishes nothing, it is time to stay off the PSTA meeting agenda and focus
on the street. All of the folks on the dais are voting yes to whatever Miller
and Welch want and nothing will change their mind.
I am tired of seeing people attacked for what kind of car
they drive, the opinions they have and the positions they take by people whose
salaries they pay.
They love Brad Miller and
Ken Welch.
The PSTA CEO can do pretty much whatever he wants
The lying will likely continue, the cheating will likely
continue, using public funds to convince voters to vote yes will continue and
there is not one person in a position of authority that will say or do anything about it.
So from now to November 4th let's just call it what it is.
Greenlight is a $2.2 Billion dollar boondoggle designed to
take $130 Million a year and more out of the Pinellas County economy and give it
to a public organization run by people you elect who don't respect you or your hard
earned money.
If you're OK with that vote yes.
If you're not, get a No
Tracks for Tax Yard sign, plant it in your yard and then tell them how you
feel on November 4th at the ballot box.
Vote NO.
That's one comment they can't hurl back in your face.
E-mail
Doc at: dr.webb@verizon.net. Or
send me a Facebook (Gene Webb) Friend request. Please comment below, and be
sure to share on Facebook and Twitter.
Disclosures: Contributor to No Tax for Tracks.
Pinellas County, Florida - Brad Miller, PSTA CEOs' recent hasty return of Federal Grant funds misused to promote the GreenLight sales tax referendum has raised some serious questions.
In response to a series of Public Records
Requests, the Suncoast Public Transit Authority supplied the following
information:
First Public Records Request:
1. Please provide an
electronic copy of the PSTA Administration document requesting funds to
reimburse Homeland Security CARESprogram-
Community Awareness Results in
Everyone's Security$354,000.
2. Please provide an
electronic copy (PDF) of the check or wire transfer document or receipt
returning $354,000 to reimburse Homeland Security CARESprogram- Community
Awareness Results in Everyone's Security.
3. Please provide an
electronic copy of the PSTA Administration document or e-mail formally
approving funds to reimburse Homeland Security CARES program- Community Awareness
Results in Everyone's Security$354,000.
PSTA Response:
Rachael Garofalo To Me Aug 15 at 10:38 AM
I emailed the files
yesterday. I’ve attached them again. Note: these are the only two
files responsive to your requests.
On July 30, 2014 Marnie L. Maxwell prepared a Check
Request Form (For Travel Advances, Miscellaneous Expenses by Employees and
Payments to Vendors), for $345,090.67.
The Request was approved by PSTA CEO Brad Miller on the same day.
Note in the CHECK REQUESTED BY Section the entry is "IMMEDIATELY".
The PURPOSE FOR CHECK is stated as "Pay Back Grant
Funds for Grant # 2011-RA-TO-0090".
Pay Back Grant Funds is not a category listed on the Form.
There is no Response to the third Public Records Request:
Document or Board of Directors Action approving the Request or the Check to pay
back Grant # 2011-RA-TO-0090".
Apparently there was no formal authorization for issuance of the $354,090.67 check.
A fourth Public Records Request was sent to PSTA:
Please provide a copy
of, or link to, the PSTA Charter Section, or PSTA Board approved Policy or
Procedure that supports the issuance of the unbudgeted $354,090.67 check from PSTA
funds to Homeland Security without approval by the PSTA Board.
PSTA Response:
Rachael Garofalo
To Me
Aug 19 at 8:56 AM
In response to your
request for the PSTA Charter Section, or PSTA Board approved Policy or
Procedure that supports the issuance of the unbudgeted $345,000 check from PSTA
funds to Homeland Security without approval by the PSTA Board, please see
response below from our General Counsel. Also below is a link to the
Board’s Rules & Regulations.
The reference to the $100,000 spending
limit, which is contained in Section 5.01 A of PSTA’s Rules and Regulations, is
a limitation on the CEO’s “procurement of commodities and/or services”.
The decision to pay back the grant funds was not a procurement of
commodities and/or services. The PSTA Board previously had approved the
procurement of the services that developed the ads in question.
This decision to return the grant funds was made pursuant to the CEO’s
authority to administer PSTA’s departments, offices and agencies under Section
3.02 of the Rules and Regulations, which is included in the Rules and
Regulations as well.
Section 3.02 Powers and Duties of CEO is reproduced below. To see the full
Policy and Procedure Document please click the link above.
Section 3.02
Powers and Duties of CEO/ED –The powers and duties of the CEO/ED shall include
the following:
A. The CEO/ED may
employ such employees as may be necessary for the proper administration of the
duties and functions of PSTA, and may determine the qualifications of such
persons; however, the Board must approve the number of such positions and fix
the budget for the compensation for employees. When he/she deems it necessary
for the good of PSTA, he/she may demote, suspend or remove any PSTA employee or
appointed administrative officer under the CEO/ED ʹ s jurisdiction, except as
otherwise provided by law. Such action shall be in compliance with all applicable
rules and regulations of PSTA.
B. Direct and
supervise the administration of all departments, offices and agencies of PSTA
except as otherwise provided for herein.
C. Attend Board
meetings and shall have the right to take part in discussion but may not vote.
See that all laws, rules and -12- regulations and acts of the
Board which are subject to enforcement by the CEO/ED are faithfully executed.
D. Prepare and
submit the annual operating budget and capital improvement budget to the Board
of Directors.
E. Prepare and
submit an annual capital program and all applications for federal and state
grants.
F. Recommend
changes to the fare structure and recommend changes to PSTA ʹ s service.
G. Sign
contracts, deeds and other documents on behalf of PSTA pursuant to the
provisions of these Rules and Regulations or as authorized by the Board of
Directors.
H. Develop and keep current a policy manual
which shall set forth the policies adopted by the Board of Directors.
I. Provide such
administrative assistance to the Board in connection with their official
duties, and perform such other duties as are specified in these Rules and
Regulations or may be required by the Board.
J. The CEO/ED
shall designate a department director or other managerial employee who shall
exercise the powers and perform the duties of the CEO/ED during the CEO/ED ʹ s
temporary absence or disability. The CEO/ED shall notify the Board,
electronically, who he/she has designate
Comment:
There is no provision in this Section of the PSTA
Policy and Procedures for the CEO on his/her own without Board of Directors
authorization to cause any expenditure of unbudgeted funds.
Even in its broadest
interpretation there are no grounds for CEO Brad Miller to
"Immediately" issue a check without PSTA Board approval to Homeland Security to cover his
inappropriate and potentially illegal use of Federal Homeland Security funds.
The refund request should have been brought to the PSTA Board for a full discussion and action.
A fifth Public
Records Request was sent to PSTA on August 20, 2014: 1.
Request for Copy of Transmittal Letter that accompanied the PSTA Check (#
01440444) to Pay Back Grant Funds for Grant # 2011-RA-TO-0090.
2.
Any and all correspondence either regular mail, FAX or e-mail from or to Home
Land Security regarding the payback of Grant # 2011-RA-TO-0090.
3.
Copies of any agreements, releases, contract cancellations or other considerations
that are or were part of the Grant # 2011-RA-TO-0090 payback negotiation or
agreement.
4.
Contact Information including person or person(s) name, physical address,
e-mail address and direct telephone number for the Homeland Security person or
persons that negotiated or agreed to the Funds Pay Back for Grant #
2011-RA-TO-0090.
PSTA Response:
1.
Request for Copy of Transmittal Letter that accompanied the PSTA Check (#
01440444) to Pay Back Grant Funds for Grant # 2011-RA-TO-0090.
The
Letter in the PDF above sets up the case for misuse of the FEMA funds. FEMA stated, "Through a review of the
advertisements purchased and publicly disseminated, FEMA has determined that
the advertisements purchased were not used in the manner in which PSTA
expressly described in its application." Further, Based on the information
summarized above, PSTA has violated the requirements of the 9/11 Act and the FY
11 Guidance that govern its grant agreement."
Miller approved the Grant along with the advertisement procurement and should have known the
ads were not proper.
Miller deliberately mislead the PSTA Board when brought the Homeland Security ad package to the Board for their approval.
His argument has been FEMA did not respond to requests for
a review of the material, but the Grant clearly spells out FEMA's intention and
Miller should have followed the Grant Guidelines.
However the most chilling
statement may be in the last paragraph:
"Please also note that even if the debt is paid in
full, the United States does not waive its right to pursue any applicable civil
or criminal remedies. In addition, the State will be held liable for penalties
under the False Claims Act (Title 31 U.S. Code, Sections 3729 through 3733) or
other applicable statutes and/or criminal penalties under Title 18 U.S. Code,
Sections 286, 287, 1001, and 1002, or other applicable statutes for any
knowingly false or frivolous statements, representations, or evidence made or
provided. Unless prohibited by law or contract, the State will be refunded any
amount paid or deducted from any Federal payments for the debt, if the debt is
later waived or terminated."
These statements along with a desire to get this whole issue off the table are likely key
drivers in the decision to move "Immediately" to complete the grant
pay back.
3.
Copies of any agreements, releases, contract cancellations or other
considerations that are or were part of the Grant # 2011-RA-TO-0090 payback
negotiation or agreement.
PSTA
responded there are no Documents Available.
4.
Contact Information including person or person(s) name, physical address,
e-mail address and direct telephone number for the Homeland Security person or
persons that negotiated or agreed to the Funds Pay Back for Grant #
2011-RA-TO-0090:
PSTA Response:
Tamia Minor, Grant Program Analyst,Grant Programs
Directorate,Preparedness Grants Division. T: 202-786-9581, F: 202-786-9920,
Tamia.Minor@dhs.gov
Comment: Apparently
in their haste to sweep all of this under the rug as quickly as possible, PSTA sent the $354,090.67 Check to the wrong address. The e-mail exchange below
was included the PSTA response:
It
remains unclear why Brad Miller is so intent on using his office and
the organization he is charged with overseeing as a political tool to get the
sales tax referendum approved. It becomes even more difficult to understand
when you consider the massive amount of private money assembled to support the
GreenLight Plan.
Why
take these unnecessary risks?
Miller's
continuing efforts to skirt the rules regarding PSTA political participation in
the sales tax referendum have seriously eroded the credibility of PSTA.
There
are a host of questions that need to be answered.
1.
Why the need to move so quickly on the refund?
2.
Did Brad Miller violate the PSTA Code of Ethics by issuing the Grant refund
Check without approval?
3
If he violated the Code of ethics should he be terminated?
4.
What role, if any did Board Chairman Ken Welch play in this matter?
5.
What role if any did Greenlight Yes have in the decision to quickly repay the
FEMA Grant?
6.
Can an after the fact approval by the Board of Directors legally fix the
problem?
7.
Can PSTA funds legally be used to indirectly pay for these Greenlight ads?
8.
Can Brad Miller be trusted to run PSTA in a legal and ethical manner?
9. Should
the Department of Transportation take another look at how PSTA is spending its
funds?
10.
Should the State Attorney General open a criminal investigation into Mr. Miller
and his conduct with state and federal funds?
The
PSTA Board of Directors must stop rubber stamping everything Miller and Welch
bring to the table, get some back bone and take some responsibility.
It
is time for a full blown independent investigation and audit of PSTA's,
leadership and financial dealings.
There need to be some changes at PSTA and they need to be made quickly.
E-mail Doc at: dr.webb@verizon.net. Or send me a Facebook (Gene Webb) Friend request. Please
comment below, and be sure to share on Facebook and Twitter.
Disclosures: Contributor to No Tax for Tracks.