MIAMLLODGE FRATERNAL ORDER OF POLICE 710 Southwest 12° Avenue, Miami, Florida 33130, t Phone (305) 858-5019 Ortiz @fopmiami.cam Javier Ortiz ‘Thomas Reyes PRisiDent SHCRITARY For Immediate Rekease: ‘Contact: Javier Ortiz Phone: 786-290-1183 September 28, 2016 AShudow Government Destroys Public Trust, Victoria Mendez Isn't To Blame ‘There is a shadow Government being operating in the City of Miami, violating Sunshine public and ecards laws. The City Attorney has ereated a mimber of enemies in successfully defending the City of Miami against a few whe chase to sue her at every turn for every illegitimate reason because those serial suers have much to gain financially Steven Herbits and Grant Stern are 2 individuals who are serial unsuccessful litigants against the tax payers of Miami. Herbits, Donald Rumsfeld's former chief of staff, has even filed unsuccessful ethics complaints against the Cily Attorney’s office. Both these individuals were big supporters of Russell in his bid for the Commission 2 seat, Herbits demonstrates an uncanny power over Russell just by watching him at Commission meetings. These two hive a personal vendetta against City Attorney Mendez for her protection of Miami residents. The summary temination of Mendez by Russell has nothing ta do with the Grove issue or documents Russell requested of her with | days’ notice, if that ‘were true he would have turned over the instant public records under demand for the past 1S days by members of the Cuban American Bar Association, Only one Russell staffer, Leah Weston has complied with the 119 request and turned aver her personal records conducting official City Business that request in and of itself shows the shadow Government conducting its affairs away fram Sunshine and public records all in contravention of Florida law On 913/16 Hector Lambana (former CABA President) issued a public ecards request lo Commissioner Ken Russell for all communications between him and his staff far the past 6 months. Equally the same request was made to Stern as well as Russell's campaign manager Orlanda Diez. To date, Russell and his staff with the exceplion of Weston has turned over any tecords. Weston, ironically Stern's previous atlomey and upan her hire was still suing the City of Miami tax payers, records reveal: 1) Russell's staff conducts City Business on personal emails obstructing public tec ords that would bbe gencrated by the City of Miami server in commast to Chapter 119 and Sunshin 2) The reason for promoting Kluger Kaptan was to oppose “Kean (Hardemon) the fool.” 3) Stern has no regard for the City of Miami Commission referring them as “toothless bastards.” 4) The other 2 commissioners “Keon” is “lost” and Gort is “hopelessAL the Aime (9/8/16) Russell was demanding Mendez to be terminated, it was without benefit of investigation or apparently without the benefit of her explanation, That is why: the Fraternal Onder of Police supports civil service protections for all government employees in onler to protect them fram political influence, We tive ina democracy and aré anly one af two States that Conduct its business in the Sunshine, The use of privaic servers and text messaging while Commissioners are conducting City business Leads t0 soeretive results ‘The FAILURE OF RUSSELL TO TURN GVER HIS EMAILS AND TEXT MESSAGES AS WELL AS COMMUNICATIONS IS PER SE A VIOLATION OF SUNSHINE AND THE FLORIDA PUBLIC RECORDS LAW, RUSSELL CLAIMED HE WAS ABOUT TRANSPARENCY BUT HIS ACTIONS SPEAK LOUDER THAN HIS WORDS, HIS CHIEF OF STAFF ELAZAR MELENDEZ CONDUCTS CITY BUSINESS ON EDAVIDMELENDE2@GMAILCOM, RUSSELL CONDUCTS HIS CITY BUSINESS ON HOW MANY VARIOUS SERVERS. THE REST OF RUSSELL'S STAFF CONDUCT CITY BUSINESS ON HOW MANY SERVERS. A FULL INVESTIGATION MUST NOW BE CONDUCTED BY THE STATE ATTORNEY'S ‘OFFICE FOR EACH STAFFER WHO VIOLATED SUNSHINE AND PUBLIC RECORDS LAW, Victoria Mendez wasn't intentionally hiding emails, There is no evidence of that, Apparently the word transparency means something clse when it comes to those that are being told to tum over their public records, bul won't! A capy of the documents are attached, Sincerely, Pavier Ontey Javier Ortiz, President Miami Fraeral Order of Police, Lodge #20 A Proud Tradition in Law Enforcementeeeco ATaT F 11:49 AM $ 100% The Role of Competition in America’s Success ‘There are many attributes of America’s culture, policy, demographics and natural resources that underlie its historic development over the last 250 years. Yet none may explain its comparative successes better than its fundamental commitment to competition. Competition is pervasive in our people, institutions and policies: + In the mule of law, our legal system is based on the adversary system — two parties arguing before an impartial judge or jury. The process is so ingrained that the Supreme Court long ago established a right to counsel for those who could not defend him or herself in Court, at taxpayer expense. + In our executive and legislative branches, the commitment to competition through elections is fundamental. While voting turnout may not reach totalitarian states levels where voting in mandatory, the fact that people can vote keeps the system working. [Personal note: However, this Supreme Court has done more to damage that system than at any time in our history — with Gore v Bush, with Citizens United, with approving more and more state- created, discriminatory suppression of registration and voting.] + In business, of course, we call it competition. Since the late 1800s when the first anti-trust laws were passed, the nation has generally gotten the preservation of competition right. Monopolies are per se bad; they have undue power with consumers; they stifle creativity and innovation; they look after themselves first and their customers second, if at all. Think: the 1970s court-ordered break-up of the national AT&T along with its separation from its hardware subsidiary, Bell Labs, ushered in the electronic communications industry. * In the competition for ideas, research, science, intellectual achicvement, our constitution has provided two critical motivations for competition: the First Amendment right to free speech and Article I, Section 8, Clause 8’s protection for copyright and patents: “to promote the Progress of Science and uscful Arts by sccuring for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” jigion, competition for adherents is free and open,To: Grant Stern, is david smiley there with u? es by chance? io He is at city hall but I'm in my office taking a break from the circus ic ted he is tweeting a lot 1° Yeah tune in if you want to see a circus Special commission meeting today just to hear the bid protest for the Virginia key marina RFP (OUT e al lel es yeah, peter filled me in Aa oO W@ ow &€ & PpWeston, Leah, From: Leah Weston «westarteah@ mal com> Monday September 19, 2016 LOa2 AM Weston, Leah Puwd:a tached és an piace I wrote long time ago Competition 0505 16doce ~ Farwurded message From: Stephen Herbs Date: Thu, Sep 8, 2016 at 3:11 PM Subject: uwached is an piece | wrote a long time ago. ‘To: Eleaear David Melendez It goes ta Ken's palnt about the need for a “competition of ideas" in making any dudament. She can't possibly have a manapoly ah an opinion af whether she should he fired. If he wants to press for an Independent invest! igation, he can use this argument, especially against Hardemo, n's bullshit about trusting here, That Is where the pattern also enters. STEPHEN HERBITS 305-962-5552 Leah Weston, Fisq Lawl Advacacy | Activism | Radia Writing Music (786) 390-6796 wen leahtt pmailcom Sent frum my iPad. Please pardan any types,< Messages sam Details Fri, Jul 29, 6:47 PM Citizen standing will go to ballot! | watched ... nice job!!! Thanks. It was a major challenge to my poker face! Rick and Justin did a great job. Agreed. So did Ken and Francis (and Frank when it counted).To: Grant Stern, ttp://www.miamiherald.com news/local/community/miami- dade/article64124462.html Miami's landmark Babylon Apartments, first Arquitectonica building, faces demolition Nearly 40 years ago, the young architects in a new, untested Miami firm got their first chance to prove their commercial mettle with a devilishly tricky commission: To design an apart... miamiherald.com Oh! Even Ana Gelabert doesn't iS. think 4+1=3 here? ie Aa< Messages Grant Details No idea if other commissioners will ultimately be as upset over Bae Coa I've already started to bother francis about it. You and a long line of others |'m Ulcas | think Ken should consider hiring counsel and suing in court. It looks like everything is laid out for that anyhow. He's got the same rights as a citizen one would imagine. . . . | don't think he wants a court battle Grant. Not every problem is best solved by a lawsuit. yep. well, francis wants to run for mayor, so does frank. so i'll be bothering them. keon, freaking lost cause and Gort, he's hopeless. oe Send< Messages Stephen Details Text Message Fri, Jul 8, 11:28 AM Leah, particularly because of next week's schedule for the Commissioner, can you call me as soon as possible so | can ask you a quick question re: watson island? Thanks. Hi Stephen. | will call you atelaanya Thanks. Much appreciated. [0] Send< Messages Grant Details So around 7 or 8? Yeah, | think that's a fair estimate Ok, I'm just waiting for Christine to come back They are having a lengthy discussion about funding the underline with impact fees soo0o0 Friday 4:07 PM http://www.miamiherald.com/ news/local/community/miami- dade/article100879167.html? ppRandom=0.62565105865802 57&pp_u=MRHUOQFXZjxKry63 [SimlalwZ of course she's running over to those toothless bastards. oe Send< Messages Grant Details Wed, Sep 7, 6:12 PM got a second to talk re: the Mana plan? With the disclaimer that I'm not the person in our office who has studied this extensively Sorry, | walked into a part of my building with shitty service. I'll convey your concerns. See you mafiana. I'll let you know if it is being deferred plz keep me in the loop about when the item will be heard :D Sure thing tyvm :) No problem wo Send< Messages Sam Details Thu, Sep 8, 12:28 PM Si City of Miami & 8°) @cityofMiami Commissioner @kenrusselimiami asking for the removal of City Attorney for withholding emails regarding plat at Battersea Woods. Lunch break 9/8/16, 12:03 PM 3 RETWEETS 2 LIKES 4 oe v ya eos) a | Text Message | Send< Messages Grant Thu, Sep 8, 4:50 PM getting a resolution to vote on hiring counsel is a good start... why not just resolve to hire counsel for me? lol. be easier. Details We need to do this right. but seriously, a good start. i promise to do my patriotic duty as a city of miami resident to further ken's initiative. Thank you, it's been a very emotional day agreed. must be done well and proper. so hopefully, the folks at Kluger Kaplan decide to take my case shortly... this time. Ken is really doing the right thing, and against the staunch opposition of keon the fool.< Messages Grant Has the Mana Wynwood item been heard? Time estimate yet? So around 7 or 8? Ok, I'm just waiting for Christine to come back< Messages Grant Details Wed, Sep 7, 6:12 PM got a second to talk re: the Mana plan? With the disclaimer that I'm not the person in our office who has studied this extensively Sorry, | walked into a part of my building with shitty service. I'll convey your concerns. See you mafiana. I'll let you know if it is being deferred plz keep me in the loop about when the item will be heard :D Sure thing tyvm :) No problem wo Send189 So.3d 120 Supreme Court of Florida. BOARD OF TRUSTEES, JACKSONVILLE POLICE & FIRE PENSION FUND, etc., Petitioner, v. Curtis W. LEE, Respondent. No. SC13-1315. | April 14, 2016. Synopsis Background: Requester sought declaratory relief alleging that certain conditions and fees imposed by board of trustees for police and fire pension fund before allowing him to inspect or copy public records were not legally valid. After a bench trial, the Circuit Court, Duval County, James H. Daniel, J., determined that two conditions violated Public Records Act. Pension fund appealed. The District Court of Appeal affirmed. Requester moved for attorney fees which the trial court denied. Requester appealed. The District Court of Appeal, 113 So.3d 1010, reversed. Pension fund petitioned for review. Holdings: The Supreme Court, Pariente, J. held that: (1) pubtic Records Act does not require a showing that a public agency acted unreasonably or in bad faith before attorney’s fees can be awarded to a prevailing party, disapproving Althouse v. Palm Beach Cty. Sheriff's Office, 92 So.3d 899, Greater Orlando Aviation Auth. v. Nejame, 4 So.3d 41, and Knight Ridder, Inc. v. Dade Aviation Consultants, 808 So.2d 1268, and (2) poard’s actions imposing conditions that violated Act were an “unlawful refusal” under Act's attorney's fee provision. Decision approved. Canady, J., dissented and filed opinion in which Polston, J., concurred.< Messages Stephen Details Text Message Fri, Jul 8, 11:28 AM Leah, particularly because of next week's schedule for the Commissioner, can you call me as soon as possible so | can ask you a quick question re: watson island? Thanks. Hi Stephen. | will call you atelaanya Thanks. Much appreciated. [0] Send< Messages Grant Thu, Sep 8, 4:50 PM getting a resolution to vote on hiring counsel is a good start... why not just resolve to hire counsel for me? lol. be easier. Details We need to do this right. but seriously, a good start. i promise to do my patriotic duty as a city of miami resident to further ken's initiative. Thank you, it's been a very emotional day agreed. must be done well and proper. so hopefully, the folks at Kluger Kaplan decide to take my case shortly... this time. Ken is really doing the right thing, and against the staunch opposition of keon the fool.< Messages Grant Has the Mana Wynwood item been heard? Time estimate yet? So around 7 or 8? Ok, I'm just waiting for Christine to come back< Messages Grant Details Wed, Sep 7, Any idea who drafted the new commissioner Pension legislation? Word is that Keon initiated that, but I'm looking for proof. | do not know for sure but | have heard the same rumor. If | get any other information | will keep you posted though Tonight at PZAB someone is trying to insert Concrete plants into the D2 zoning definition... nobody knows who tho, no property is associated with the item. I'm alerting people who own property in allapattah, but that's another mystery...189 So.3d 120 Supreme Court of Florida. BOARD OF TRUSTEES, JACKSONVILLE POLICE & FIRE PENSION FUND, etc., Petitioner, v. Curtis W. LEE, Respondent. No. SC13-1315. | April 14, 2016. Synopsis Background: Requester sought declaratory relief alleging that certain conditions and fees imposed by board of trustees for police and fire pension fund before allowing him to inspect or copy public records were not legally valid. After a bench trial, the Circuit Court, Duval County, James H. Daniel, J., determined that two conditions violated Public Records Act. Pension fund appealed. The District Court of Appeal affirmed. Requester moved for attorney fees which the trial court denied. Requester appealed. The District Court of Appeal, 113 So.3d 1010, reversed. Pension fund petitioned for review. Holdings: The Supreme Court, Pariente, J. held that: (1) pubtic Records Act does not require a showing that a public agency acted unreasonably or in bad faith before attorney’s fees can be awarded to a prevailing party, disapproving Althouse v. Palm Beach Cty. Sheriff's Office, 92 So.3d 899, Greater Orlando Aviation Auth. v. Nejame, 4 So.3d 41, and Knight Ridder, Inc. v. Dade Aviation Consultants, 808 So.2d 1268, and (2) poard’s actions imposing conditions that violated Act were an “unlawful refusal” under Act's attorney's fee provision. Decision approved. Canady, J., dissented and filed opinion in which Polston, J., concurred.< Messages Grant Details please send me those emails about vicki! email me a blast first. i'm on my way there soon. plz :)Weston, Leah from: Leah Weston “weston leah @gmat com> Sent: Monday, September 19, 2016 10:47 AM Te: ‘Weston, Leah Subject: Fwd: FL Supreme Court Decision on Public Records Attachments: Board of Trustees Jackso mille Police And Fire Pension Fund v Lee Public Records.tf _ Forwarded message From: Stephen Herbits Date: Thu, Sep x, 2006 at 3.02 PM Subject: FL Supreme Court Decision on Public Records To: Eleacar David Meléndce STEPHEN HERBITS 305-962-5552 Leah Weston, Esq Law | Advocacy [Activism I Radio ! Writing | Music (786 3900-6796 weslonleai gmail.com Sent from my iPad, Please pardon any typosQ Messages orant VetallS I'm alerting people who own property in allapattah, but that's another mystery... Very odd. Will keep on the radar what's not a mystery is the mana wynwood plan, which keon stepped in to muck up. what a disaster. the BID withdrew their support today. Yeah... It's been a real shit show they plan to make some sort of improperly noticed hail mary at tomorrow's meeting, but really they need to defer the whole thing until it's settled again. can't believe keon tried to change the deal AFTER 1st reading. what a sleazy thing, and to drop the cash into the CRA? it's just a big slush fund to him. (fe SendWeston, Leah fram: Legh Westan -westonteah gmail rom Sent: Monday September 19, 2016 1042 AM Ta: Weston, Leah Subject: wid: FL Supreme Court Decisian on Public Records, Atucuments, Board of Tastes Jacksorville Police And Fire Pension Fundy Lee Public Recordsitt Forwarded message —-—-——- From: Stephen Herbits Date: Thu, Sep 8, 2016 at 3:02 PM. Subject: FL Supreme Court Decision on Public Records To: Blewear David Meléndes , Leah Weston STEPHEN HERBITS 305-962-5552 Leah Weston, Ey Law | Advaeacy | Activism !Radio !Writing | Music (786) 390-6796 weston lea gmail com Sent from my iPad. Please pardon any typos