Photo explained: This is the Town Manager of White Springs and girlfriend of Sylvester Warren III after she dismantled the White Springs, Florida Police Department.
Tonight, citizens of Columbia County have an opportunity to stand up for children. A responsibility to expect of our elected officials to uphold the laws that protect its citizens and especially its children. Download the Agenda for tonight's meeting. 205 N. Marion Avenue, Lake City, Florida.
Three domestic terrorism tactics that must be stopped!
Issue No. 1 - City Council cannot grant access to our children to persons who would otherwise be barred by removing Level II Background Checks at a park that does business with the City.
Issue No. 2 - City council cannot be controlled by citizens to interfere with Administration.
Issue No. 3 - City Council cannot make appointments involving public trust to convicted felons without clemency.
Factual Information Provided for Each Issue Below
Issue No. 1 - Level II Background Checks
435.04 Level 2 screening standards.—(1)(a) All employees required by law to be screened pursuant to this section must undergo security background investigations as a condition of employment and continued employment which includes, but need not be limited to, fingerprinting for statewide criminal history records checks through the Department of Law Enforcement, and national criminal history records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.
(b) Fingerprints submitted pursuant to this section on or after July 1, 2012, must be submitted electronically to the Department of Law Enforcement.
(c) An agency may contract with one or more vendors to perform all or part of the electronic fingerprinting pursuant to this section. Such contracts must ensure that the owners and personnel of the vendor performing the electronic fingerprinting are qualified and will ensure the integrity and security of all personal information.
(d) An agency may require by rule that fingerprints submitted pursuant to this section must be submitted electronically to the Department of Law Enforcement on a date earlier than July 1, 2012.
(e) Vendors who submit fingerprints on behalf of employers must:1. Meet the requirements of s. 943.053; and
2. Have the ability to communicate electronically with the state agency accepting screening results from the Department of Law Enforcement and provide the applicant’s full first name, middle initial, and last name; social security number or individual taxpayer identification number; date of birth; mailing address; sex; and race.
(2) The security background investigations under this section must ensure that no persons subject to the provisions of this section have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction:(a) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.
(b) Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.
(c) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.
(d) Section 777.04, relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection.
(e) Section 782.04, relating to murder.
(f) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child.
(g) Section 782.071, relating to vehicular homicide.
(h) Section 782.09, relating to killing of an unborn child by injury to the mother.
(i) Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony.
(j) Section 784.011, relating to assault, if the victim of the offense was a minor.
(k) Section 784.03, relating to battery, if the victim of the offense was a minor.
(l) Section 787.01, relating to kidnapping.
(m) Section 787.02, relating to false imprisonment.
(n) Section 787.025, relating to luring or enticing a child.
(o) Section 787.04(2), relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings.
(p) Section 787.04(3), relating to carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person.
(q) Section 790.115(1), relating to exhibiting firearms or weapons within 1,000 feet of a school.
(r) Section 790.115(2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon on school property.
(s) Section 794.011, relating to sexual battery.
(t) Former s. 794.041, relating to prohibited acts of persons in familial or custodial authority.
(u) Section 794.05, relating to unlawful sexual activity with certain minors.
(v) Chapter 796, relating to prostitution.
(w) Section 798.02, relating to lewd and lascivious behavior.
(x) Chapter 800, relating to lewdness and indecent exposure.
(y) Section 806.01, relating to arson.
(z) Section 810.02, relating to burglary.
(aa) Section 810.14, relating to voyeurism, if the offense is a felony.
(bb) Section 810.145, relating to video voyeurism, if the offense is a felony.
(cc) Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony.
(dd) Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony.
(ee) Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.
(ff) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult.
(gg) Section 825.103, relating to exploitation of an elderly person or disabled adult, if the offense was a felony.
(hh) Section 826.04, relating to incest.
(ii) Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.
(jj) Section 827.04, relating to contributing to the delinquency or dependency of a child.
(kk) Former s. 827.05, relating to negligent treatment of children.
(ll) Section 827.071, relating to sexual performance by a child.
(mm) Section 843.01, relating to resisting arrest with violence.
(nn) Section 843.025, relating to depriving a law enforcement, correctional, or correctional probation officer means of protection or communication.
(oo) Section 843.12, relating to aiding in an escape.
(pp) Section 843.13, relating to aiding in the escape of juvenile inmates in correctional institutions.
(qq) Chapter 847, relating to obscene literature.
(rr) Section 874.05, relating to encouraging or recruiting another to join a criminal gang.
(ss) Chapter 893, relating to drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor.
(tt) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.
(uu) Section 944.35(3), relating to inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm.
(vv) Section 944.40, relating to escape.
(ww) Section 944.46, relating to harboring, concealing, or aiding an escaped prisoner.
(xx) Section 944.47, relating to introduction of contraband into a correctional facility.
(yy) Section 985.701, relating to sexual misconduct in juvenile justice programs.
(zz) Section 985.711, relating to contraband introduced into detention facilities.
(3) The security background investigations under this section must ensure that no person subject to this section has been arrested for and is awaiting final disposition of, been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense that constitutes domestic violence as defined in s. 741.28, whether such act was committed in this state or in another jurisdiction.
(4) For the purpose of screening applicability to participate in the Medicaid program, the security background investigations under this section must ensure that a person subject to screening under this section has not been arrested for and is not awaiting final disposition of; has not been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to; and has not been adjudicated delinquent and the record sealed or expunged for, any of the following offenses:(a) Violation of a federal law or a law in any state which creates a criminal offense relating to:1. The delivery of any goods or services under Medicaid or Medicare or any other public or private health care or health insurance program, including the performance of management or administrative services relating to the delivery of goods or services under any such program;
2. Neglect or abuse of a patient in connection with the delivery of any health care good or service;
3. Unlawful manufacture, distribution, prescription, or dispensing of a controlled substance;
4. Fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct;
5. Moral turpitude, if punishable by imprisonment of a year or more; or
6. Interference with or obstruction of an investigation into any criminal offense identified in this subsection.
(b) Violation of the following state laws or laws of another jurisdiction:1. Section 817.569, criminal use of a public record or information contained in a public record;
2. Section 838.016, unlawful compensation or reward for official behavior;
3. Section 838.021, corruption by threat against a public servant;
4. Section 838.022, official misconduct;
5. Section 838.22, bid tampering;
6. Section 839.13, falsifying records; or
7. Section 839.26, misuse of confidential information.
(c) Violation of a federal or state law, rule, or regulation governing the Florida Medicaid program or any other state Medicaid program, the Medicare program, or any other publicly funded federal or state health care or health insurance program.
Issue No. 2 - Interference with Administration
The charter provides the role of the council, the clerk, and the attorney. The council is prohibited from interfering and dictating any administrative decisions which would include controlling the communication of the clerk. The clerk is managed by the City Manager.
Section 303. - Prohibitions.
(a)Holding other office except as authorized by law. No councilmember shall hold any other city office or employment (other than mayor or vice-mayor) during the term for which he is elected to office.
(b)Appointment and removals. Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees whom the manager or any of his subordinates are empowered to appoint, but the council may express its views and fully and freely discuss with the manager anything pertaining to appointment and removal of such officers and employees.
(c)Interference with administration. Except for the purpose of inquiries and investigations, the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately. Nothing in the foregoing is to be construed to prohibit individual members of the council from closely scrutinizing by questions and personal observation, all aspects of city government operations so as to obtain independent information to assist the members in the formulation of sound policies to be considered by the council. It is the express intent of this Charter, however, that recommendations for improvement in city government operations by individual councilmembers be made to and through the city manager, so that the manager may coordinate efforts of all city departments to achieve the greatest possible savings through the most efficient and sound means available.
Issue No. 3 - Appointing Felons without Clemency to Municipal Boards
AG Opinion 97-35 Rules of Executive Clemency
The Honorable Bruce T. Grady
Mayor of Fort Myers
2200 Second Street
Fort Myers, Florida 33902
RE: MUNICIPALITIES--PUBLIC OFFICERS AND EMPLOYEES--HOUSING AUTHORITY--convicted felon who has not had his civil rights restored ineligible to serve on board of commissioners of housing authority. Art. VI, s. 4(a), Fla. Const.; s. 421.05, Fla. Stat.
Dear Mayor Grady:
You ask substantially the following question:
May the mayor appoint a convicted felon who does not have his civil rights restored to serve on the board of directors of a municipal housing authority?
In sum:
A convicted felon who has not had his civil rights restored is not eligible to be appointed to serve on the board of directors of a municipal housing authority.
As mayor, you are responsible for appointing the directors of the Fort Myers Housing Authority. You ask whether you may appoint a convicted felon who has not had his civil rights restored to serve as a member of the board of directors of the municipal housing authority.
Article VI, section 4(a), Florida Constitution, provides that "[n]o person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of disability." The above constitutional provision applies to all persons convicted of a felony without regard to the person's age or when the conviction occurred.[1] In Attorney General Opinion 78-45, this office stated that a felony conviction of a person under 18 years of age disqualified such person from voting or holding public office upon reaching the age of majority unless his civil rights were restored.
While the Constitution does not define the term "public office," the Supreme Court of Florida has stated:
"The term 'office' implies a delegation of a portion of the sovereign power to, and the possession of it by, the person filling the office, while an 'employment' does not comprehend a delegation of any part of the sovereign authority. The term 'office' embraces the idea of tenure, duration, and duties in exercising some portion of the sovereign power, conferred or defined by law and not by contract. An employment does not authorize the exercise in one's own right of any sovereign power or any prescribed independent authority of a governmental nature; and this constitutes, perhaps, the most decisive difference between an employment and an office . . . ."[2]
Section 421.04, Florida Statutes, provides for the creation in each city of a public body corporate and politic to be known as the "Housing Authority" of the city, provided that the authority shall not transact any business or exercise its powers until the governing body of the city declares a need for such authority to function. When the governing body of a city adopts such a resolution, the mayor is charged with the responsibility of appointing, with the approval of the governing body, not fewer than five persons nor more than seven persons as commissioners of the housing authority.[3]
A review of Chapter 421, Florida Statutes, clearly indicates that the Legislature considers the position of commissioner of a municipal housing authority to be a public office. Section 421.05, Florida Statutes, which addresses the appointment, qualifications and tenure of the housing authority commissioners, refers to the commissioners appointed for "a term of office."[4] In addition, each commissioner "shall hold office until his successor has been appointed and qualified." Section 421.05(2), Florida Statutes, provides that the powers of each housing authority "shall be vested in the commissioners thereof in office from time to time." As the governing body of the housing authority, the commissioners are authorized to carry out the powers of the housing authority which include the power to sue and be sued, to enter into contracts, to invest funds, to acquire property by eminent domain, and to issue debentures.[5]
Thus, the position of commissioner of the housing authority, a public body, would appear to be a public office within the contemplation of Article VI, section 4(a), Florida Constitution.
Accordingly, I am of the opinion that the foregoing constitutional provision precludes the appointment of a convicted felon to serve on the board of directors of a municipal housing authority if that convicted felon has not had his rights of citizenship restored.
Sincerely,
Robert A. Butterworth
Attorney General
RAB/tjw
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[1] Cf. In re Advisory Opinion of the Governor Civil Rights, 306 So. 2d 520 (Fla. 1975) (conviction of a felony removes many civil rights of a person); s. 944.293, Fla. Stat., delineating the procedure to be followed with regard to an application for restoration of civil rights by persons convicted of a felony. And see Art. IV, s. 8(a), Fla. Const., stating:
"Except in cases of treason and in cases where impeachment results in conviction, the governor may, by executive order filed with the secretary of state, suspend collection of fines and forfeitures, grant reprieves not exceeding sixty days and, with the approval of three members of the cabinet, grant full or conditional pardons, restore civil rights . . . ." (e.s.)
[2] State ex rel. Holloway v. Sheats, 83 So. 508, 509 (Fla. 1919). And see State ex rel. Clyatt v. Hocker, 22 So. 721 (Fla. 1897).
[3] Section 421.05(1), Fla. Stat.
[4] Id. Cf. Op. Att'y Gen. Fla. 85-20 (1985).
[5] See generally ss. 421.08, 421.12, and 421.14, Fla. Stat.