That stink you smell is coming from Wilton Manors' cocky lawyer/lobbyist/mayor, Gary Resnick, who doesn't much care for Ethics rules that negatively affect his own wallet

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Over the past few weeks, many well-informed observers of the Broward political and govt. scene have surely asked others they trust in private, "What is it with Gary Resnick?"

Alternatively, they've asked themselves, "WTF is with Resnick?"

Those of you reading this today obviously know which camp you're in, though you can be in both, of course.

Like me.

Does Resnick honestly think that the Broward County Commission-approved Ethics laws that are supposed to govern the conduct and behavior of all elected municipal officials in Broward, among many others, was just a strong suggestion?

What are the real reasons that have animated Resnick's fervent efforts the past few weeks to figure out a way to obfuscate, blunt and somehow overturn those clear-cut rules on Ethical conduct, so that they do not apply to him and his small fiefdom north of Fort Lauderdale?

There are lots of reasons to choose from, and obviously only Resnick knows the real ones, though surely they can't be the transparently self-serving ones he's been offering up to the local South Florida news media that has drawn gasps of dismay from county residents and activists, can they?

Oh yes they can!

Hmm-m... let me restate that last point.

To be factual, I should say the local South Florida news media in the singular form of the South Florida Sun-Sentinel, as they have done the lion's share of the reporting on this issue.
The four English-speaking TV stations and the Miami Herald -with the exception of a two-minute segment by Channel 10's Bob Norman- have yet to engage any of their own reporters, columnists, producers or cameramen in a SINGLE hour's worth of reporting or investigating on the story, and get the answer directly from Resnick and his band of acolytes at Wilton Manors City Hall or outside of his law firm's office.

Why? 

Do I REALLY have to tell you? 

Not if you are a regular reader here and are aware of the shallow-end of the journalism pool that South Florida has unfortunately drawn in these early years of the 21st century.

Channel 10 News
Bob Norman's Blog
Resnick wants to keep lobbying
Published On: Jan 16 2012 09:20:39 AM EST  
Updated On: Jan 16 2012 09:37:09 AM EST
Video at: 

http://www.local10.com/news/blogs/bob-norman/Wilton-Manors-mayor-undercutting-ethics-reform/-/3223354/8148064/-/14v1vb9z/-/index.html


This being Broward County, where it's far easier for a person publicly doing the wrong thing to get friends, acquaintances and supporters to stick-up publicly for their own bad judgment and uncouth behavior than it is for the South Florida news media to find any fair-minded people of stature and accomplishment in the community to point it out, as would happen in other parts of the country, I encourage you to not only watch the Bob Norman video, but to peruse the reader comments as well.

You see, this being Broward, the reader comments contain public cheerleaders for Gary Resnick's behavior and attempts to 'secede' from the county's ethics law, which he finds so troublesome for his personal bottom line.

Not surprisingly, one of them is a longtime pro-union, Democratic Party functionary named Ron Mills, the president of the Dolphin Democrats, which he describes as "Florida's oldest and largest lesbian, gay, bisexual and transgender (LGBT) Democratic club."

He is also the person behind the blog called Broward's Blog, http://browardsblog.blogspot.com/

In my opinion, Mills' comments on the Channel 10 website speak for themselves, just like Resnick's audacity and gall.

It seems to me that if, like Mills, you hold your friends to a lesser standard than you would tolerate in others, have such a high tolerance for uncouth and unethical behavior by your friends and people you support politically that you've got no problem in publicly making pathetic excuses for their inexcusable actions or words, you're clearly going to be labeled a hypocrite publicly in the future when you try to use your perch to point-out smaller moral and ethical deficiencies in people whom you oppose politically.

At that point, people are more than entitled to disregard your opinion in the future, given your own opaque outlook on ethics, and the difference between right and wrong.

You tell me, is Resnick doing it and thinking he can get away with being so ballsy because he is an elected official in an otherwise obscure one-horse town, where most people outside that duchy of his prefer cars as transportation?

Is it because Resnick lives in a county where other elected municipal officials rarely if ever criticize or call-out another, and most of the local public policy groups that in other parts of the country might be engaged and call him on the carpet, instead maintain their Hear No Evil, See No Evil and Speak No Evil policy of looking the other way?

Is it because Resnick is an attorney who lobbies other cities in Broward County for his clients, yet has so perfected his wax indignant pose, that when people paying close attention to what he's actually doing publicly use the word "lobbyist" as a pejorative, just like it was applied so frequently and accurately for years to lawyer lobbyist Steve Geller -the previous champion of lawyerly distinctions-without-a-difference- he practically pouts, hurt by your critical words?

Is it because Resnick is so cocky, and thinks that by being upfront about it, that somehow mitigates what he is attempting to do, burrow underneath an ethical fence that is supposed to be a barrier to self-serving behavior, a move made necessary  because of so many recent ethical lapses by elected officials in Broward, big fish and minnows?

In this situation, Resnick truly seems to want to ignore both the spirit and the letter of the law, one passed unanimously-if-unhappily by the Broward County Commission last year.

Or, could it just be that Resnick -like everyone else down here with a pulse and two eyes- knows that the local news media is NOT exactly a beehive of eager worker-bees who give 110% on local news stories, so because he's the Gay mayor of a heavily-Gay city, he thinks that if he gets any sort of serious push-back on the issue, he can always pull out the 'victim card' from his back pocket, flash it to the news media, and maybe even play them a tune on his tiny violin?

Maybe it's some weird combination of all these things that make Resnick think that he and his tiny town are above the rules that govern everyone else.

They aren't, of course, and the proof of that is that you can smell HIS stink all the way down on the Broward and Miami-Dade countyline.

With or without an ocean breeze.

Read the following and draw your own conclusions about this 'character" and watch as things begin to heat up on this issue starting Tuesday, when he attempts to go over, around or under the ethical wall of conduct.

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South Florida Sun-Sentinel
Broward politicans need to choose: Lobbying or public office, not both
Ballot measures would undo new ethics code in some municipalities
Michael Mayo, Sun Sentinel Columnist
January 23, 2012

Wilton Manors Mayor Gary Resnick has taken some heat lately, for good reason. He's been leading the charge to undo some provisions of Broward county's strict new ethics rules for municipal officials, which took effect Jan. 1

Read the rest of the column at:
http://articles.sun-sentinel.com/2012-01-23/news/fl-ethics-vote-mayocol-b012412-20120123_1_new-ethics-code-mayor-gary-resnick-broward-cities

South Florida Sun-Sentinel

Wilton Manors leaders accused of 'scare tactic' over ethics ballot measure
By Brittany Wallman, Sun Sentinel
9:03 p.m. EST, January 25, 2012

Wilton Manors voters are being encouraged to approve a ballot measure Tuesday that weakens the brand new Code of Ethics. According to Mayor Gary Resnick and City Manager Joe Gallegos, the code requires advisory board members to share their salaries with the public.

But that's not true, Gallegos acknowledged Wednesday.

The Code of Ethics has no such requirement in it, despite what he and Mayor Gary Resnick have said publicly. 

Read the rest of the article at:
http://www.sun-sentinel.com/news/broward/wilton-manors/fl-wilton-manors-misinformation-20120125,0,6413170.story


South Florida Sun-Sentinel

Mayo on the Side blog
Are ethics code foes distorting the truth?
By Michael Mayo
January 25, 2012 09:32 AM

As part of the effort to weaken Broward's tough new ethics code in some local municipalities, are some officials distorting the truth to rally support for their cause?

I ask because it seems salary-disclosure requirements might not apply to appointed advisory board members, contrary to what Wilton Manors Mayor Gary Resnick told me in an interview on Monday.

Read the rest of the post at:
http://weblogs.sun-sentinel.com/news/columnists/mayo/blog/2012/01/are_ethics_code_foes_distortin.html



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My three most recent posts that mentioned both the new ethics laws in Broward County among municipal officials and Gary Resnick's rather strange understanding of them, all from this month, are here in chronological order:


Broward cities need tougher ethics laws, not self-serving pols like Gary Resnick & Debby Eisinger, whom we need like more bad restaurants, more ruined-views of the beach... -NOT at all! 
http://hallandalebeachblog.blogspot.com/2012/01/broward-cities-need-tougher-ethics-laws.html 

My coda to "Broward cities need tougher ethics laws, not self-serving pols"; Debby Eisinger's curious fact pattern

http://hallandalebeachblog.blogspot.com/2012/01/my-coda-to-broward-cities-need-tougher.html

Please stick to your guns on stronger ethics and do everything in your power to prevent Mayor Resnick & Co. from beginning the race to the bottom of the ethics barrel in Broward
http://hallandalebeachblog.blogspot.com/2012/01/please-stick-to-your-guns-on-stronger.html

Hint to newcomers -If "Broward Schools" get mentioned in the newspaper or on local TV newscasts, it's rarely if ever about educating. Sad but true...

RedBroward's video: Occupy Ft. Lauderdale protesters outside the Broward Schools HQ at 600 SE Third Avenue, a block east from the Broward County Courthouse. The protesters were marching north toward Las Olas Blvd.

http://youtu.be/ilLVTiY9Td4

Above, the video shot last week by RedBroward, the popular GOP blog and a generally good source of information, of the Motley Crew that serenaded themselves silly outside the Broward Schools HQ, home of the School Board.

Someone sent me an email head's-up about it just as I was reading some of these pieces and emailed them around the grapevine.

http://redbroward.com/

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South Florida Sun-Sentinel

Has Broward Teachers Union been serving best interests of rank-and-file?

Latest financial questions highlight disconnect between leadership and membership

Michael Mayo, Sun Sentinel Columnist

10:20 PM EST, November 16, 2011

I got embattled Broward Teachers Union president Pat Santeramo on the phone Wednesday, but he wouldn't fall for my Bob Costas act. The normally talkative Santeramo declined comment on two state investigations into his handling of union money, or a damning internal audit that found he blew through $3.8 million in reserves and may have improperly used dues to reimburse people for political contributions.

Read the rest of the column at:

www.sun-sentinel.com/news/columnists/fl-btu-santeramo-mayocol-b111711-20111116,0,6268234.column

Reader comments, oldest first, at:

http://discussions.sun-sentinel.com/20/fl-btu-santeramo-mayocol-b111711-20111116/10?sort=asc

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Channel 10 News/WPLG-TV (Miami-FTL)

Bob Norman's blog

Davie Vice Mayor Involved In School Union Scandal

Names Emerging Of Those Who Were Reimbursed Political $$$

Published On: Nov 17 2011 09:16:56 AM EST Updated On: Nov 17 2011 10:10:22 AM EST

The scandal is heating up -- and that means a lot of people are lawyering up.

And it's political contributions that are at the heart of the scandal targeting the Broward Teachers Union and its president Pat Santeramo.

See the video and read the rest of the post at: http://www.local10.com/news/blogs/bob-norman/Davie-Vice-Mayor-Involved-In-School-Union-Scandal/-/3223354/4774970/-/9nb4xe/-/index.html

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Broward Beat

Battlin’ Board Members: One Files To Run Against Another

By Buddy Nevins

One School Board member opened a campaign against another Friday.

Katie Leach filed papers to run for the Fort Lauderdale-based seat now held by member Maureen Dinnen.

Read the rest of the post at:

http://www.browardbeat.com/battlin-board-members-one-files-to-run-against-another/

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South Florida Sun-Sentinel

Davie official was reimbursed by union for campaign donation

But vice mayor later repaid the money, her attorney says

By Susannah Bryan, Sun Sentinel

5:53 PM EST, November 19, 2011

DAVIE

Vice Mayor Caryl Hattan has been swept up in the scandal surrounding the Broward Teachers Union and its beleaguered president, Pat Santeramo.

Santeramo has been accused of using union dues to reimburse 26 union staffers and their relatives for about $20,000 in campaign contributions to Hillary Clinton and failed gubernatorial candidate Alex Sink.

Hattan, a top union leader, was among the 26 reimbursed for making campaign contributions.

Reader comments, oldest first, at: http://discussions.sun-sentinel.com/20/fl-hattan-union-scandal-20111119/10?sort=asc

Read the rest of the article at:

www.sun-sentinel.com/news/broward/sunrise/fl-hattan-union-scandal-20111119,0,1056672.story

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Channel 10 News/WPLG-TV (Miami-FTL)

Bob Norman's blog

Investigated BTU President Lived High Life

Pat Santeramo Made Big Money, Bought Peninsula Getaway Home

Published On: Nov 20 2011 12:28:14 AM EST

While criminally investigated Broward Teachers Union President Pat Santeramo was representing educators in attempts to get small raises on their modest pay, he was living an opulent life on their dime.

Read the rest of the post at:

http://www.local10.com/news/blogs/bob-norman/Investigated-BTU-President-Lived-High-Life/-/3223354/4790296/-/3so5igz/-/index.html

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Channel 10 News/WPLG-TV (Miami-FTL)

Bob Norman's blog

UPDATED: Former Broward Housing Official Lawyers Up In Union Probe

Santeramo Overpaid Construction Company

Published On: Nov 21 2011 11:39:33 AM EST Updated On: Nov 21 2011 12:50:07 PM EST

Embattled Broward Teachers Union President Pat Santeramo often ran the 11,000-strong BTU in secretive fashion -- and some of the exorbitant amounts he paid to contractors remain shrouded in suspicion.

Read the rest of the post at:

http://www.local10.com/news/blogs/bob-norman/UPDATED-Former-Broward-Housing-Official-Lawyers-Up-In-Union-Probe/-/3223354/4798798/-/coghfmz/-/index.html

The $6 Million Question is asked by Sun-Sentinel's Michael Mayo: "Should Broward school money go to Performing Arts Center renovations?" No!

As of late Friday night, the 14th, the story below has STILL not been mentioned on local TV newscasts.

Or in the Miami Herald.

Or for that matter, even elsewhere in the Sun-Sentinel, save this butt-kissing editorial from October 1st from their Editorial Board,

http://articles.sun-sentinel.com/2011-10-01/news/fl-broward-center-expand-editorial-20111001_1_broward-school-district-school-budgets-partnership

There's your local 'free press' hard at work.

Or, more accurately, fast asleep.

If you look closely at the reader comments, link at bottom, you'll recognize the names of many of the readers commenting.

A whole lot more than usual: Levinson, Kraft....

(P.S.: For more on the Broward School Board's business-as-usual crowd, and I do mean CROWD, see this piece by Cara Fitzpatrick:

Half of Broward's classes have too many students

http://www.sun-sentinel.com/news/education/fl-broward-class-size-compliance-20111014,0,619744.story )

South Florida Sun-Sentinel

http://www.sun-sentinel.com/news/columnists/fl-arts-center-funding-mayocol-b101311-20111012,0,2054185.column

Should Broward school money go to Performing Arts Center renovations?

Michael Mayo

October 12, 2011 5:53 PM

Those are some pretty fancy renovations on the drawing board for the Broward Center for the Performing Arts, including a courtyard café with retractable awnings and something called the Premier Level, where swells can sip cocktails while overlooking the stage.

Is it appropriate for the Broward School Board to contribute $6 million toward the $44 million project?

That's the thorny question facing School Board members. After massive teacher layoffs and cuts to music and arts programs in public schools, the performing arts center is hitting up the school district for a hefty contribution.

Funds are also slated to come from private donors ($20 million-$25 million), Broward County ($12 million), the city of Fort Lauderdale ($4.5 million) and the Downtown Development Authority ($1 million).

The school funding could be a tough sell.

"I value the arts, and I value our partnership with the Broward Center, but we don't have money for ourselves — do we really have the money to be giving it away outside?" School Board member Laurie Rich Levinson told me Wednesday.

Two other School Board members I spoke to, Nora Rupert and newcomer Katie Leach, seemed more amenable to the funding request, but it should make for some interesting debate in the coming months.

"I hope we can come up with these dollars, but I don't know if we can," said Leach, who serves as the school district's appointee to the Broward Center's governing board.

I'm a big supporter of the arts and a big fan of the Broward Center, which has changed the downtown Fort Lauderdale landscape for the better since it opened 20 years ago. But when I first heard about the school funding component for the renovations, my reaction was a strong, "Hell no."

Wrong time, wrong message, wrong everything.

That said, I'm OK with the other three public prongs for the project. It's appropriate for the county, city and DDA to pitch in.

Besides new bars and cafes, the renovations will pay for lighting and sound improvements, upgrades to the smaller Amaturo Theater and a new $8 million education center for students and school programs.

The education center alone makes it a worthwhile investment for the school district, says Broward Center CEO Kelley Shanley.

Shanley tried to convince me the school dollars will be well spent, since the district gets more bang for its buck by combining money with other entities.

The school district was a partner in the arts center's construction 20 years ago, and the school system sends 125,000 kids to the center annually for events and performances. Some are tied to the curriculum, like anti-bullying programs being held this week.

The Broward school money would come from the capital budget, which can only be used for infrastructure and equipment, not teacher salaries or supplies.

Still, as Levinson notes, "The capital budget is running a deficit, and we've got dilapidated buildings and need to update our own technology."

My advice to the Broward Center: Shake those private money trees a little harder. If there's a way to do this without school funds, a lot of teachers and parents will shout, "Bravo!"

Reader comments at:

http://discussions.sun-sentinel.com/20/soflanews/fl-arts-center-funding-mayocol-b101311-20111012/10

Unfortunate denouement in the matter of BUTLER v. CITY OF HALLANDALE BEACH also shows the South FL news media for what they are -weirdly incurious

Above, October 9, 2010 photo of Hallandale Beach City Hall by South Beach Hoosier

Below, the sad and unfortunate denouement to the local situation involving my friend and fellow HB civic activist Michael Butler, the beginning, middle and end of which you NEVER saw mentioned once on local Miami TV newscasts, or -surprise!- in the Miami Herald.

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(But as some of you attentive readers out there have reminded me -though I saw it myself, too- the Herald did have the time, space and desire recently to mention something about a Romanian soccer player that you never heard of eating at some South Beach restaurant, since THAT'S considered news these days down at the Herald under the current regime.)

Yes, only the Sun-Sentinel's Michael Mayo and Brittany Wallman, and Bob Norman while at the New Times, back in 2009, have been the only print or TV reporters, editors or columnists to ever see the situation for what it really was and said anything publicly about this situation.

Pathetic!

Broward Politics blog

Mayo: Why are taxpayers footing Mayor Joy Cooper's lawsuit bill?

By Brittany Wallman,

October 29, 2009 09:59 AM

http://weblogs.sun-sentinel.com/news/politics/broward/blog/2009/10/mayo_why_are_taxpayers_footing.html

Mayor Joy Cooper: "i Feel Like My Privacy Has Been Raped''

Posted by Brittany Wallman on October 27, 2009 04:28 PM

http://articles.sun-sentinel.com/2009-10-27/news/0910280127_1_city-hall-address-butler-s-request-public-records

BrowardPalmBeach NewTimes

Judge Patti Henning Strikes Again

By Bob Norman

Tuesday, Octover 27 2009 at 3:21 PM

http://blogs.browardpalmbeach.com/pulp/2009/10/judge_patti_henning_and_mayor_joy_cooper.php

My friend and fellow HB civic activist Csaba Kulin emailed me this morning after getting news from me about this latest and final chapter in the case involving Michael, and shared a few thoughts with me that I'd like to share with you here and now, rather than in a separate post.

The key points Csaba mentioned that I'm excerpting here mirror many of the ones that some of you who have been following this situation closely have asked me the past two years, including the role of HB City Attorney David Jove, who as you recall from my June 28th post, is officially history a week from today, thanks goodness.

I was going to mention it to you that in the last moments of Jove's tenure he declared 3 victories for HB. One was over Michael. This was a monumental loss and expense for the City. They could have just denied his request and moved on.

If it was not city business, why did the City pay the Mayor's expenses?

That last question is a real bitch to answer isn't it, and is one that Mayo raised above, no?

And the answer is ????

By the way, for the record, last time I heard, Hallandale Beach taxpayers have been paying attorney Jamie Cole $185 an hour to pursue this suit on the city's behalf, even though in reality, it was at mayor Joy Cooper's behest.

Some of you readers in South Florida have told me in person or via email that Jamie Cole was a "great guy," and that if it hadn't been him, it would have been some other attorney who would've done the dirty laundry for Joy Cooper.

Perhaps.

Jamie Cole may or may not be a good guy, I don't know, since I have never had any personal interaction with him to judge him fairly one way or the other.

Or, he could be one of a million parasitical hack attorneys in Broward and Miami-Dade.

Or, he could be a hack by day and avenging angel at night.

I really can't say.

And neither can you.

All I can do is judge him by what he actually does.

What I do know for a fact is that he agreed to do the bidding of Joy Cooper, seemed to have no moral qualms about suing a Florida citizen trying to get information that he was legally entitled to ask for under the Florida Constitution, so that is how I will see him and judge him in the future -as Joy Cooper's personal henchman.
If the glove fits...

If all goes as expected, on Friday -and possibly Monday as well- some of you out there in the blogospere who are regular recipients of emails from me will receive a bcc from me re a public records request to the City of Hallandale Beach re certain individuals and entities that have been recipients of taxpayer funds via City/CRA loans and grants in the recent past under what can only be described as very curious and even questionable circumstances.

How many times can you FAIL to meet the low standards and REQUIREMENTS the city itself has set and still have no problem getting tens of thousands of taxpayer dollars?

How can votes even be taken by the City Commission or even approved by the City Manager on applications that are NOT even complete?

For those of you who will not be receiving the email later, that bcc will morph into a blog post by Monday night, and you can see it then if you care to.

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The following information is formatted slightly different than it appears on the Court's website due to indenting problems, i.e. paragraphs and indents wouldn't stay firmly in place here exactly as they appear on website. It got frustrating to keep editing and have the same problem occur over-and-over, no matter how many times I tried.

I've done my best to replicate the original but if in doubt, go to website!

http://www.4dca.org/opinions/July%202011/07-20-11/4D10-197.op.pdf

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

July Term 2011

MICHAEL BUTLER,

Appellant,

v.

CITY OF HALLANDALE BEACH, a Florida Municipality,

Appellee.

No. 4D10-197

[July 20, 2011]

HAZOURI, J.

Michael Butler appeals from a final judgment in a declaratory action

filed b y Th e City of Hallandale Beach (th e City), which sought a

declaration that a list of recipients of a personal email sent by Hallandale

Beach Mayor, Joy Cooper, was not sent in connection with the discharge

of a n y municipal d u t y and, therefore, is not a public record under

Florida’s Public Records Law, Chapter 119, Florida Statutes (2009).

The email in question was sent b y Cooper from her personal email

account, using her personal computer, and was blind carbon copied to

friends and supporters. Th e email itself was very brief, and contained

three articles that Cooper wrote as a contributor to the South Florida

Sun Times (Times) as a n attachment. Cooper h a s been a weekly

columnist for the Times for more than four years. Th e three articles

included as an attachment to the email were: (1) a transcript of the 2009

State of the City Address; (2) a transcript of Part Two of the State of the

City Address; a n d (3) an article about tax questions raised at prior

commission meetings.

The trial court found that Cooper was under no obligation pursuant to

the statute or ordinance to notify her friends a n d supporters that a

column had been published, and further that the City played no role in

Cooper’s decision to send the email to friends. Therefore, Butler was not

entitled to the names and email addresses of the recipients of the email.

We agree and affirm.

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- 2 -

Public access to records and meetings of public officials is established

b y Article I, section 24(a) of the Florida Constitution, which states,

“[e]very person has the right to inspect or copy any public record made or

received in connection with the official business of any . . . officer, or

employee of the state . . . except with respect to records exempted

pursuant to this section or specifically made confidential b y this

Constitution.” Section 24(c) provides that the state legislature, by a twothirds vote of each house of the legislature, h a s th e power to enact

exemptions to section 24(a)’s disclosure requirements. Art. I, § 24(c), Fla.

Const.

Section 119.011(12) defines a “public record” as:

[A]ll documents, papers, letters, maps, books, tapes,

photographs, films, s o u n d recordings, data processing

software, or other material, regardless of the physical form,

characteristics, or means of transmission, made or received

pursuant to law or ordinance or in connection with the

transaction of official business by an agency.

§ 119.011(12), Fla. Stat. (2009). And section 119.011(2) defines “agency”

as:

[A]ny state, county, district, authority, or municipal officer,

department, division, board, bureau, commission, or other

separate unit of government created or established b y law

including, for the purposes of this chapter, the Commission

on Ethics, the Public Service Commission, and the Office of

Public Counsel, a n d any other public or private agency,

person, partnership, corporation, or business entity acting

on behalf of any public agency.

§ 119.011(2), Fla. Stat. (2009). Cooper qualifies as a n “agency” as set

forth in section 119.011(2), since the Mayor is a municipal officer acting

on behalf of the municipality and is thus subject to the directives of this

section.

“The determination of what constitutes a public record is a question of

law entitled to de novo review.” State v. City of Clearwater, 863 So. 2d

149, 151 (Fla. 2003) (quoting Media Gen. Convergence, Inc. v. Chief Judge

of the Thirteenth Judicial Circuit, 840 So. 2d 1008, 1013 (Fla. 2003)).

In City of Clearwater, the Florida Supreme Court analyzed the issue of

whether e-mails are considered public records. In that case, a reporter

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- 3 -

requested that the city provide copies of all e-mails either sent from or

received by two city employees over the city’s computer network. Id. at

150. At issue was whether the e-mails, by virtue of the city’s possession

on their network, were public records. Id. at 151. The court concluded

that the definition of public records is limited to public information

related to records, and further defined the term “records” as those

materials that have b e e n prepared with the intent of perpetuating or

formalizing knowledge. Id. at 154 (quoting Shevin v. Byron, Harless,

Schaffer, Reid & Assocs., Inc., 379 So. 2d 633, 640 (Fla. 1980)). The

court emphasized that the mere placement of an e-mail on a government

network is not controlling in determining whether it is public record, but

rather, whether the e-mail is prepared in connection with the official

business of an agency and is “intended to perpetuate, communicate, or

formalize knowledge of some type.” Id. (quoting Shevin, 379 So. 2d at

640).

The court in City of Clearwater also emphasized that a common sense

approach should b e used in determining whether a communication is

public record, and further emphasized that “[t]h e determining factor is

the nature of the record, not its physical location.” Id. Just as the

supreme court concluded that the mere fact that the email was a product

of the City’s computer network did not automatically make it a public

record, the City concedes that the mere fact that Cooper’s email was sent

from her private email on her own personal computer is not the

determining factor as to whether the email was a public record. Once

again, it is whether the email was prepared in connection with official

agency business a n d in t e n d e d to perpetuate, communicate, and

formalize knowledge of some kind. See id.

The City played no role in Cooper’s decision to write articles for the

Times. Th e City played n o role in identifying the topics about which

Cooper chose to write and exercised no control over the content of the

articles. The City played no role in Cooper’s decision to distribute or not

to distribute her Times articles, or the means by which she chose to do

so. Th e City played n o role in deciding to whom Cooper chose to

distribute the copies of her articles; Cooper herself decided to distribute

the articles to select personal friends a n d supporters at her own

discretion. The email that Cooper sent was not intended to perpetuate,

communicate, or formalize the City’s business; it was simply to provide a

copy of the articles to Cooper’s friends and supporters. The email was

not made pursuant to law or in connection with the transaction of official

business by the City, or Cooper in her capacity as Mayor.

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As previously noted, Chapter 119 is a legislative clarification of Article

I, section 24(a) of the Florida Constitution, which provides that “[e]very

person h a s th e right to inspect or copy a n y public record made or

received in connection with the official business of a n y public body,

officer, or employee of the state, or persons acting on their behalf.” The

articles h a d been previously published where anyone could inspect or

c o p y them a n d th e email forwarding copies of the articles was not

prepared in connection with the official business of the Mayor or the

City.

We, therefore, affirm the trial court’s determination that these articles,

the email, email addresses, and names of its recipients were not public

records under Chapter 119.

Affirmed.

WARNER, J., and MONACO, TOBY S., Associate Judge, concur.

* * *

Appeal from the Circuit Court for the Seventeenth Judicial Circuit,

Broward County; Patti Englander Henning, Judge; L.T. Case No. 09-

22405 03.

Edward F. Holodak of Edward F. Holodak, P.A., a n d Louis C.

Arslanian, Hollywood, for appellant.

Andrea Flynn Mogensen of The Law Office of Andrea Flynn Mogensen,

P.A., Sarasota, for Amicus Curiae First Amendment Foundation, Inc., a

not-for-profit corporation.

Daniel L. Abbott a n d Jamie A. Cole of Weiss, Serota, Helfman,

Pastoriza, Cole & Boniske, P.L., Fort Lauderdale, for appellee.

Not final until disposition of timely filed motion for rehearing

Broward Schools General Fund Budget Update workshop on Friday; Michael Mayo: "How many Broward school officials does it take to change a light bulb?"

Broward County School Board General Fund Budget Update workshop on Friday the 20th from 12:30-3:30 p.m. at the KCW Bldg., 600 S.E. 3rd Avenue, Fort Laudedale.

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South Florida Sun-Sentinel

South Florida Schools blog

Broward school administrators to take furlough days

By Cara Fitzpatrick

May 18, 2011 03:23 PM

http://weblogs.sun-sentinel.com/educationblog/2011/05/broward_school_administrators_1.html

Miami Herald

Broward schools officials to take furloughs

Principals, assistant principals and district administrators will be expected to take 10 to 15 days unpaid leave as a way to save $4.5 million next year.

By Carli Teproff

Posted May 18, 2011

http://www.miamiherald.com/2011/05/18/2223406/broward-schools-officials-to-take.html

South Florida Sun-Sentinel

Teachers get saved in Palm Beach County, sacrificed in Broward – why?

Job loss for 1,400 teachers in Broward shows misplaced priorities, mismanagement

By Michael Mayo, Sun Sentinel Columnist

7:08 p.m. EDT, May 18, 2011

How come there's a teacher massacre in Broward schools, but not in Palm Beach County or Miami-Dade?

With 1,400 Broward teachers told this week that their jobs are going down the drain, there's been a circular swirl of blame. The teachers' union points the finger at superintendent Jim Notter. Notter says it's the Legislature's fault. The Legislature blames unions.

Ordinarily, I'd say take your pick since there's plenty of blame to go around. Except for one thing.

So far, Broward teachers are alone in their pain.

Read the rest of the column at:

http://www.sun-sentinel.com/news/columnists/fl-broward-teacher-layoffs-mayocol-b020110518,0,550683.column

South Florida Sun-Sentinel

Florida Politics blog

Scott puts blame for teacher layoffs on feds

By Kathleen Haughney

May 17, 2011 11:22 AM

http://weblogs.sun-sentinel.com/news/politics/dcblog/2011/05/scott_puts_blame_for_teacher_l.html

Read the reader comment already posted there.

You have to love spammers who think sincerity will do the trick!

Blogger Chaz Stevens vindicated, Sylvia Poitier arrested: An ethical journey of a thousand miles begins with a single step

South Florida Sun-Sentinel video:
Deerfield Beach Comm. Sylvia Poitier is greeted by My Acts of Sedition blogger Chaz Stevens at the Broward County jail, Fort Lauderdale, FL.
http://www.sun-sentinel.com/videobeta/842e7b01-db82-4e2f-9c92-807a5f2c4d24/News/Poitier-confronted-by-blogger-at-jail
Videographer & Editor: Sarah Dussault, Length: 01:29

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WSVN-TV
South Florida politician facing corruption charges
Reporting: Derek Hayward, Posted: 04/14/11 at 6:30 am EDT
Video at http://www.wsvn.com/news/articles/local/21004040851597/

There's a new sheriff in town who goes by the name of John W. Scott.
The eyes, ears, mouths and memories of Broward County activists and bloggers are about to be deputized.
Time to Cowboy up!

Question: Where were all the elected officials and activists in South Florida who knew from personal experience that Sylvia Poitier was an unethical crook, and yet did nothing and said nothing, when her reign of ruin could have been ended so very long ago?

And what about the South Florida reporters who consciously ignored this story, except when there was a new development, when they used Chaz's blog for crib notes because of their own inherent laziness?
Yes, we know exactly who you are -and we haven't forgotten!

Chaz's tireless efforts have finally produced the exact results he predicted -and that his detractors said would never happen.
Game, set, match, Chaz Stevens.


Broward Beat
Chaz Stevens Q & A: Poitier, His Work And How He Got His Name
By Buddy Nevins
April 14, 2011

Blogger Timothy “Chaz” Stevens has been labeled profane. He’s been branded biased. He’s accused of being a shameless self-promoter.

Whatever you think of Stevens, he is unique. No one has shaken up a local City Hall in recent years like this phantom of the Internet.

Read the rest of the post at http://www.browardbeat.com/chaz-stevens-q-a-poitier-his-work-and-how-he-got-his-name/

Do you want to know what's especially delightful about the above Broward Beat post?
The insufferable sour grapes expressed by so many people in Broward County who've continually sat on their asses for years bitching about everything on other people's blogs -like Buddy's and Bob Norman's- but who have never done anything tangible themselves to improve the civic ethos in Broward County, yet who never fail to criticize Chaz whenever they had the opportunity, regardless of the circumstances.



Here's some Breaking News for you: Chaz has the last laugh!




Acts of Sedition video:
My interview with Sun-Sentinel's Mike Mayo, April 16, 2011
http://www.youtube.com/watch?v=rDf0iTVN-5s

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Miami Herald
In My Opinion
Deerfield Beach’s Poitier couldn’t be saved from her old ways
By Fred Grimm
April 17, 2011
http://www.miamiherald.com/2011/04/16/2171161/deerfield-beachs-poitier-couldnt.html

Reader comments at:
http://www.miamiherald.com/2011/04/16/2171161/deerfield-beachs-poitier-couldnt.html#disqus_thread

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Acts of Sedition video:
Deerfield Beach mayor Peggy Noland asks Commissioner Sylvia Poitier to resign, October 5, 2010
http://www.youtube.com/watch?v=VIp64ZYIJIM


Chaz Stevens blog, My Acts of Sedition is at http://www.myactsofsedition.com/

His YouTube Channel is http://www.youtube.com/user/actsofsedition

Is Broward Schools Supt. James Notter's replacement in N.C.? Why is Broward School Board aiming to have new Supt. start AFTER new school year?

BrowardPalm Beach NewTimes video: Michael Marchetti Rips Broward County School Board, April 5, 2011
http://youtu.be/aHRq7fRHSBQ

Per the list of school systems nominated for the Broad Prize for Urban Education that were announced earlier this week, which Broward County and Miami-Dade were both on, causing Broward School Board member Jennifer Gottlieb to warble: “We deserve it,” she said. “Despite the criticism, our children are successful” in Tuesday's Miami Herald, why is Broward NOT seriously considering going after some high achievers and hire the #2 or 3 person at the Charlotte-Mecklenburg Schools in North Carolina to replace outgoing Broward Supt. James Notter?

http://www.cms.k12.nc.us/Pages/Default.aspx
http://www.broadprize.org/asset/0-110405tbpfinalistrelease.pdf

That district made the Finalists short list this year and last year, and consistently ranks high among Education groups that rank these sorts of things, even if the criteria used for ranking school districts and individual schools might be considered dubious or questionable,
http://broadprize.org/about/decision_makers/review_board.html since who is more responsible for school/district improvement:

a.) savvy and resourceful school administrators,
b.) properly-motivated teachers with adequate supply of resources and support from principals and administrators, or
c.) involved parents who push their children to excel and won't accept mediocrity from their children, or
d.) the kids themselves?

Forgotten in all the hoopla -sometimes, it's the kids.

Official website for Broad Prize for Urban Education: http://www.broadprize.org/

But if we are to assume the criteria is solid, then why would that district not be the first place you'd look, the way the New England Patriots were the place where NFL teams looked first a few years ago to have some of the Patriots' great success rub off on them?

As many of you are already aware, in the NFL, it's traditional to at least strongly consider the 'hot" coordinators at successful playoff teams as your new head coach, before you re-cycle an old NFL head coach, so why is the Broward School Board so intent on reinventing the wheel?

It's a longstanding mental defect in Broward County, in all sorts of areas of public policy, that Broward officials of one sort or another insist that it's SO unique, that nobody from outside could ever possibly know how to do something right. (With predictable results I'd say.)

Additionally, why is the Broward School Board so intent on waiting until AFTER the new school year has started?

Isn't there a reason that most intelligent people make a point of moving their family BEFORE the new school year starts, esp. in places like South Florida that insist on starting their new years in sweltering August, so why should this be any different?

Isn't there a reasonable chance that the children of any prospective new Supt. would ALSO be dealing with the same issue?

Why would he or she be any different than any other parent, and not insist that the job starts before or concurrently with new school year, or no deal?

Especially for a job that many smart and qualified candidates would NOT want to touch to begin with, that now comes with increased scrutiny from Tallahassee?
(For perfectly good reason!)

Seriously, do we really need to eliminate good candidates before we even start by pretending that having your kids in a new house -and settled- before the school year starts, isn't the preferred option?

I'm confused; dumbfounded actually.
This is such common sense and conventional wisdom, is there a specific reason that these particular questions aren't being asked, raised or reported?

--
South Florida Sun-Sentinel
South Florida Schools blog
Broward School District a finalist in prestigious Broad Prize for Urban Education
By Rafael Olmeda
April 5, 2011 09:58 AM
http://weblogs.sun-sentinel.com/educationblog/2011/04/broward_school_district_a_fina.html

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Miami Herald
http://www.miamiherald.com/2011/04/05/2151328/miami-dade-broward-school-districts.html

Miami-Dade, Broward school districts vie for education prize

By Kathleen McGrory and Carli Teproff

April 5, 2011

The Miami-Dade and Broward school districts have been named finalists for the Broad Prize for Urban Education, the most prestigious award bestowed upon public school systems.

The announcement Tuesday came as welcome news to the nation’s fourth and sixth largest school districts, which have been dealing with budget cuts, Legislative issues and pressure from the unions.

Beleaguered Broward has also seen two School Board members charged with bribery, a scathing report from the state Grand Jury and a surprise resignation from the superintendent.

“It’s about what we’ve been able to do even in adversity,” Superintendent Jim Notter said Tuesday after announcing that Broward was a finalist. “That’s to keep the focus on our core business of teaching and learning.”

The Broad Prize — Broad rhymes with “road’’ — honors large school districts that have demonstrated the greatest gains in student achievement. It also seeks to recognize districts that have worked to close the achievement gap among poor and minority students.

This is the third time Broward has been a finalist for the award.

The Miami-Dade district was a finalist in 2006, 2007 and 2008.

“Southern Florida can truly be proud of the remarkable progress your students, teachers and school districts have made,” said Eli Broad, whose foundation sponsors the prize. “For most of the last decade, Broward County and Miami-Dade have consistently shown greater relative student improvement than other large urban districts across the country.”

Leaders in both school districts have high hopes for this year.

“We believe that this time, we will be the winner,” Miami-Dade Superintendent Alberto Carvalho said, noting that students posted record high test scores last year.

Broward School Board member Jennifer Gottlieb said the nomination was a testament to the hard work Broward has done.

“We deserve it,” she said. “Despite the criticism, our children are successful.”

Broward is a long-shot candidate.

While the award has more to do with student achievement than governance, school districts in turmoil are rarely winners. When the Miami-Dade district was nominated in 2008, School Board members were feuding with former Superintendent Rudy Crew. Although Miami-Dade was considered an early favorite, it did not win.

This year, the Broad Foundation considered 75 urban districts were for the award. School systems are not allowed to apply or be nominated.

The winning district gets $550,000 in college scholarships for high school seniors.

The three finalists each receive $150,000 in scholarships.

The other finalists this year are the Charlotte-Mecklenburg Schools in North Carolina and the Ysleta Independent School District in El Paso, Texas.

The winner will be announced Sept. 20 in Washington, D.C.

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Channel 2's Issues program of 4/1/11: Jim Notter's Resignation
Host Helen Ferre, Guests: Antonio Fins, South Florida Sun-Sentinel Editorial Page editor, Bob Norman, NewTimes, Robert W. Hill, EdD., NOVA Southeastern University
http://ka.uvuvideo.org/_Issues-Notter39s-Resignation-/video/1556116/86294.html

Disclaimer: I've known Issues 'guest' Robert Hill and his family since I was nine-years old
and in third grade. He was my best friend when we were both growing-up in North Miami Beach, at Fulford Elementary and then JFK Jr. High and then NMB Senior High.
He's literally, part of our family, at nearly every single event of importance I can think of for myself or my sisters, as well as as too many NMB Chargers, U-M Hurricanes, Baltimore Orioles spring training, Miami Toros and Fort Lauderdale Strikers games to count.
And I was always there for him.

I got the opportunity to visit him in 1984 after he'd graduated from Gainesville and gotten his first real job as a high school English teacher in Port Charlotte, where he was also the Womens Tennis coach, and he was one of the most popular teachers in no time because of his subject knowledge and enthusiasm.

In a more normal world, dedicated and enthusiastic educators with common sense (and senses of humor) like Robert -and clones of him- would be on the elected Broward County School Board.
Then, Broward parents and beleaguered taxpayers could FINALLY sigh a sigh of relief, relax and know that the 'bad days' were behind them.
FINALLY.

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This Bob Norman post from Wednesday contained the video at the top.

BrowardPalmBeach New Times
Daily Pulp
"Miss Gottlieb, YOU Are the Distraction"
By Bob Norman
April 6, 2011 @ 8:59AM

-- Broward County schools building inspector Michael Marchetti has long been appalled at the influence of lobbyists and contractors -- and their proxies, the School Board members themselves -- on school district staff in the building department.

Marchetti has shed more light on the rampant corruption at the district than perhaps any other employee.

Read the rest of the post at:
http://blogs.browardpalmbeach.com/pulp/2011/04/mrs_gottlieb_youre_the_distrac.php

For prior posts about the Broward County School Board, see:
http://www.browardpalmbeach.com/search/index?keywords=School+Board&x=14&y=19

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South Florida Sun-Sentinel
http://www.sun-sentinel.com/news/education/fl-broward-school-board-super-20110406,0,3972446.story
School Board tells superintendent to find solutions to problems in facilities, building departments
By Cara Fitzpatrick, Sun Sentinel
April 06, 2011

The Broward County School Board told Superintendent Jim Notter that one of his final responsibilities before retiring will be to propose solutions to long-standing problems in the district's building, facilities and construction divisions.

Board members also agreed to search nationally for Notter's replacement — and said his successor must be ready to get involved in the reform of those departments.

"I don't want you walking out the door leaving a mess to be cleaned up," board member Dave Thomas told Notter during the meeting.

Notter surprised board members with his announcement last week that he planned to retire, effective June 30, and the board is scrambling to start the process to replace him. Notter promised again Tuesday to work with them on outstanding issues until he leaves.

Board members Ann Murray and Jennifer Gottlieb have suggested in recent weeks that drastic changes are needed in the facilities ranks, in light of a highly critical Feb. 18 grand jury report.

The facilities department has been under fire for years for shoddy work, cost overruns and construction delays.

The grand jury report also said board members had micromanaged the construction department, hand-picking politically favored contractors and then awarding them inflated fees to manage projects.

Board member Ann Murray said the district must "get serious" or the pattern will repeat itself — because two previous grand jury reports had identified similar issues.

"We recognize that there are problems, but we just haven't been able to nail it down," she said.

Gottlieb told Notter to consider all scenarios, including "complete independence" from the district. But she said she wasn't suggesting privatization of the departments.

"It could be a step to help restore public trust," she said.

But at least one audience member told board members they should look at their own behavior first.

Michael Marchetti, a district building inspector, read to board members from the 2011 grand jury report, which focused more heavily on the School Board than individual departments.

"I didn't hear facilities department in there, I didn't hear building department, I heard School Board," he said. "Ms. Gottlieb, you are a distraction. Ms. Murray, you are a distraction. … You fail to hold yourselves accountable."

Marchetti has filed a whistleblower lawsuit in Tallahassee, which alleges that district officials conspired to manipulate contracts and needlessly drove up construction costs.

Gottlieb said after the meeting that she disagreed with Marchetti's assessment of the board, and said current members weren't the ones overstepping their bounds.

"Those days are behind us," she said.

Reader comment at: http://discussions.sun-sentinel.com/20/soflanews/fl-broward-school-board-super-20110406/10

"Those days are behind us," she said. I'd prefer HER days are behind us.

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I should mention here that for weeks prior to Notter's announcement last week that he was retiring effective in June, I was sending emails to local reporters asking them to look at Notter's contract and see what his golden parachute might look like.

I made my intention clear with the subject header of January 28th: Anyone know how much James Notter's retirement package is?...1/28/11 Indy Star: Wayne Twnsp. school superintendent's $1M retirement package creates storm

The reason was this late January story I came across in the Indy Star while looking for some news about the IU basketball team:

Indianapolis Star

Wayne superintendent's $1M retirement package creates storm
Wayne Township Schools Superintendent Terry Thompson received a retirement package worth more than $1 million.
By Bill McCleery

In 2007, the Wayne Township School Board and then-Superintendent Terry Thompson agreed to a renegotiated contract that provided a generous retirement package for whenever Thompson decided to step down.

But it wasn't until this month that board members realized just how lucrative that deal was, to the tune of more than $1 million.

Thompson, 64, who retired in December after 15 years with the district, already has received more than $800,000 of his retirement deal, which included a year's base pay at more than $225,000, as well as contract provisions that kicked in hundreds of thousands more.

But that's not all.

The contract also created the position of superintendent emeritus -- a position that has been paying Thompson $1,352 a day since his retirement to advise his successor, among other duties. That amount, over the 150 days laid out in the contract, would pay him more than $200,000 -- bringing the total to more than $1 million.

In addition, the contract called for one other perk -- a onetime $15,000 stipend for "retirement planning."

On Thursday, the board issued a statement asking Thompson to resign from the superintendent emeritus position, but it's unclear whether the board can force him to do so -- or reclaim any of the money in the contract.

"It's just a terribly difficult time because Terry Thompson did terrifically wonderful things for Wayne Township," said board member Shirley Deckard, who was not on the board in 2007.

Five of her colleagues, however, were on the board at the time. They either were not able to be reached for comment Thursday or deferred comment to the district spokeswoman.

Thompson did not return calls made to his home Thursday.

A call placed to Jon Bailey -- the school district's attorney at the time the contract was renegotiated -- was met with a recording that his voice mailbox was full.

Mary McDermott-Lang, the district's spokeswoman, said board members signed off on the provisions of the contract when it was reopened at Thompson's request in 2007. But she said they did so without full knowledge of the information tucked into lengthy documents that she said Thompson asked them to approve at several different meetings.

There were 223 comments to that Star article when I first saw it, which was a few days after it first appeared. 223.

Did you notice the use of the word "emeritus" in the piece?
Sound familiar?

Correct, the current Broward School Board's original exit/no exit plan for retiring Broward Schools counsel Ed Marko, until it became widely known.

Nobody responded to my email.
Well, to be precise, I should say, no South Florida print reporters or columnists or TV reporters or producers responded.

Why should they, after all, since the Conventional Wisdom was that Notter wasn't going anywhere?

Right, as if the statewide Grand Jury's report came as a complete surprise... Only the exact wording was a surprise -and the lack of indictments.

My friend Charlotte Greenbarg, president of the Broward Coalition, quickly responded to me email and said that she doubted anyone in a position to do so was or would look into it. Charlotte was right.

Nobody cared until AFTER the announcement, and then... EVERYONE got curious.

Which proves that the vast majority of South Florida reporters are NOT interested in thinking outside-the-box, so you can give up thinking that's going to happen anytime soon with the current status quo media crew we're stuck with down here.
With the exception of Bob Norman, none of them want to rock the boat any more than the Broward School Board did.

The self-evident results of that approach, entirely predictable, are all around us here in Broward County.



South Florida Sun-Sentinel
http://www.sun-sentinel.com/news/columnists/fl-notter-quits-mayocol-b033111-20110330,0,642502.column
Will departing Broward Schools Superintendent renounce guaranteed $126,000 job?
By Michael Mayo, Sun-Sentinel columnist
6:42 p.m. EDT, March 30, 2011

When the going got tough, Jim Notter got going.

There's no other way to look at the Broward Schools superintendent's resignation, no matter what Notter says about it having "absolutely nothing" to do with a blistering statewide grand jury report.

One minute he's talking about how these are the toughest times ever faced by the school district, the next he's saying, "Sorry, gotta run," even though he still has three years left on his $299,000-a-year contract.

Watch this now: Reunited. Joyous reunion as rescued dog and her owner greet after tsunami.

How's that for leadership?

In the bizarre world of Broward Schools, leaving might be Notter's biggest display of leadership yet.

"Interesting timing," said Nora Rupert, one of four School Board members elected in November.

After so much recent tumult — arrests, budget cuts, union fights, a war on public education from Tallahassee — Notter's announced June departure might be the clean slate the district needs.

Or with so many ongoing investigations, it could signal darker times ahead, for him individually or the beleaguered School Board. Notter was criticized for weak leadership in the grand jury report and for allowing a culture of waste and mismanagement to flourish.

Whoever takes the superintendent job — calling outgoing Florida Education Commissioner Eric Smith? — will have to be part miracle worker, part CEO and part kindergarten teacher (to keep School Board members, unions, contractors and lobbyists in line). Smith met with Notter last week as a follow-up to the grand jury report.

Notter appeared to still have the backing of a majority of the nine-member board, but his resignation spares a potential prolonged battle over his future.

"It's been a tough past two years," Notter told me Wednesday. "A lot of people don't realize I'm going to be 65 this summer. The time I've got between now and that bright light is precious."

If he stayed and got fired, he could have collected another six months' salary (about $150,000) as severance.

But resigning could prove pretty lucrative, too, and a lot less stressful.

Besides cashing in unused vacation and sick days (he received 36 annually the past four years, according to his contract), he's looking at an annual state pension benefit of roughly $103,000.

And then there's the matter of a three-year administrative job, at roughly $126,000 a year, spelled out in his contract.

It's known as provision 9.9, labeled "subsequent employment," and says that even if Notter resigns as superintendent, the School Board "shall appoint Mr. Notter to an administrative position within the School District" with a minimum salary of a top-scale high school principal (now $125,946) and "shall grant him an employment contract for a period of three years."

Not might, but shall.

If Notter got fired because of a failing job evaluation, he could have lost his unused sick days (worth a hefty chunk, perhaps six figures) and the guaranteed administrative job.

When I asked Notter about the job provision, he said, "I'll have to have my lawyer look at that."

He said it is his intent to retire, not take another administrative or principal's job, like the attractive opening at McFatter Technical School in Davie.

"McFatter's a good job, but no, I don't plan on doing that," Notter said. "I've got too many things to do at home."

If Notter puts in for his state pension, he couldn't take a School Board job for six months. After 12 months, he could take a School Board job and keep drawing his $8,659 monthly pension benefit. His contract doesn't spell out a starting date for the guaranteed job.

How audacious would it be if Notter "retires" and then becomes a double-dipper?

Until I see Notter renounce any claim to the job provision in writing, I'll remain skeptical about what comes next.

After all, his word keeps getting harder to believe.

In late February, a few days after the grand jury report was released, Notter circled the wagons and said he had no intention to resign or retire "at this time."

On Tuesday, after an all-day budget workshop, Notter announced that he'd quit in June, and that he had been planning his retirement for months.

Uh, which was it?

Guess he wanted to keep his options open.

"You get to the point in life where you enjoy surprises," Notter said Tuesday.

At this point, stability and credibility — not more surprises — are what Broward's schools really need.

Reader comments at:
http://discussions.sun-sentinel.com/20/soflanews/fl-notter-quits-mayocol-b033111-20110330/10

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http://blogs.browardpalmbeach.com/pulp/
http://www.youtube.com/user/BrowardPalmBeach