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CRESPOGRAM REPORT

OCTOBER 12, 2012

PUBLIC RECORDS
WE AIN’T GIVING YOU NO MORE PUBLIC RECORDS

In recent weeks it had become apparent that the fun folks at City Hall had decided not to respond to anymore of my public records requests.


I guess that having tried everything else to try and get me to stop exposing the nasty deals that they engage in on a daily basis, they figured if they just ignored my requests for documents I’ve eventually quit and go away.


Of course, they mistook my taking a little time off to produce a TV commercial and to work on a personal project, as evidence that I was growing weary of this whole deal, but, nothing could be further from the truth.


It only takes me a few days to refresh my batteries and my intention to spread happiness and joy throughout the City of Miami.


In that spirit, I sent a letter to The City Commissioners, the City manager and the City Attorney this morning detailing what appears to be this latest effort on their part to try and rope-a-dope me.


Rather than try to explain, I’ll let the letter explain what’s been happening, what they’ve tried to do, and my absolute promise that if it continues I will go to Court, where we’ll have real fun demonstrating just what a pack of devious, lying weasels some of these fine, upstanding public officials really are.

October 12, 2012


Mr. Johnny Martinez

City Manager

CITY OF MIAMI

3500 Pan American Drive

Miami, FL


Ms. Julie Bru

CITY ATTORNEY

444 SW 2nd Avenue

Miami, FL


Dear Mr. Martinez and Ms. Bru:


In the last several weeks I have submitted several public records requests.  One was to City Manager Martinez for a copy of the finance recommendations prepared on the Tunnel Bond issue and discussed by Mr. Martinez at the last September Commission Meeting.


The second to Henry Torre of Facilities Management for a copy of a report that was requested by Commissioner Spence-Jones from Mr. Torre of the properties that the City rents and/or leases.


The third was to Mr. Beverly Pruitt, Director of Human Resources for a copy the advertisement for the job in the NET Office that was given to Ms. Madelin Pacheco.


The fourth was a request to Commissioner Francis Suarez for a copy of the change memo provided to the members of the City Commission before the 2nd Commission Meeting dealing with the City Budget.


I sent 2 separate requests for the first 3 sets of documents, and only wrote the Commission once.


None of these requests was acknowledged - as has always been the case - nor have they been complied with.


In addition, I wrote to Mr. Kenneth Robertson on September 20, 2012, asking for copies of any payment made to Ms. Diana Gomez to come in after hours to assistant Mr. Petty - her replacement as the Director of Finance - to complete the CAFR.


Mr. Robertson indicated that he had forwarded that request to Ms. Larned and Mr. Petty.


I have not received any response to that request.


Lastly, I also wrote to Mr. Robertson regarding a payment made to PFM under the provisions of City Code 18-86(b),related to the $180 thousand requested from the City Commission at the last Budget Meeting, which might have already been paid.


Mr. Robertson has not responded that that request either.


It is obvious that a pattern has developed regarding a decision(s) being made NOT TO RESPOND TO ANYMORE OF MY PUBLIC RECORDS REQUESTS.


This has been bolstered by information from my sources within the City - you'd be surprised just how many of your employees have come to loathe what this administration has done to the City, and how many of them are more than happy to provide me with information - that in fact at staff meetings, including Department Director's meeting this issue of refusing or thwarting my public records requests has been discussed.


This in itself, along with the actions of Luis Cabrera and several Department Directors among others, the emails tagged with the phony “exempt from Chapter 119,” and list of witnesses who I will bring before a jury to testify on what is actually going on inside the City,  is more than enough for me to take the City into Federal Court.


MY LATEST REQUEST FOR PUBLIC RECORDS


Today, I submitted a new public records request to City Manager Martinez and City Attorney Bru, which is at the bottom of this letter, and received the following response.


THIS IS AN AUTOMATED RESPONSE TO ALL EXTERNAL E-MAILS RECEIVED BY


THE OFFICE OF THE CITY ATTORNEY


NOTICE CONCERNING PUBLIC RECORDS CUSTODIAN DESIGNEE FOR THE OFFICE OF THE CITY ATTORNEY


If your e-mail contains a public records request for records that the City Attorney is the custodian of, the City Attorney has designated Paralegal, Grace Carby, as the official designee of the Office of the City Attorney to permit the inspection and copying of public records. See s. 119.07(1)(b), F.S.  Ms. Carby can be reached by e-mail at law@miamigov.com .  Accordingly, please forward your public records request to Ms. Carby for a response.


Because of the high volume of electronic correspondence (e-mails) received by the Office of the City Attorney, to expedite a response by Ms. Carby, the Office of the City Attorney recommends that public records requests be sent to Ms. Carby in writing by mail (444 S.W. 2nd Ave., Suite 945, Miami, FL  33130-1910) or by fax (305-416-1801), attention Grace Carby.


Neither the City Attorney, nor the Office of the City Attorney, is the custodian of public records maintained by other City of Miami Departments, agencies or elected officials.  Therefore, if your request seeks documents maintained by other City Departments, agencies or elected officials, pursuant to City of Miami APM 4-11, please submit your request to the Public Records Coordinator in the City of Miami Office of Communications via email at publicrecords@miamigov.com or by mail (444 S.W. 2nd Avenue, Suite 924, Miami, FL  33130-1910).


First, I find it interesting that this is now the automated response that is sent out whenever anyone writes the City of Miami Attorney.  Does this mean that the City Attorney has a number of email addresses, and that her supposedly "official" email address is not really her "official" address.


So, I now want a copy of 1 email - any email will do - that contains ALL the email addresses that the City Attorney of Miami uses to conduct city business. CONSIDER THIS A PUBLIC RECORDS REQUEST.


Secondly, I refer you to the above portion that I underlined in RED.


This demand that anyone – but really only selected individuals – are required to submit they requests to the City of Miami Office of Communications is in direct contradiction to the provisions stipulated in the City’s APM 4-11, which I provide you here, and to both the spirit and the letter of F.S. Chapter 119.


The Florida Constitution, Florida Statute, and case law all speak to the issue that the citizens are entitled to complete, unfettered and direct access to public records requests.


The City in APM 4-11 acknowledges that prior to this APM, each City Department already had a Custodian of Records.  As such, that is the person to whom any citizen can, and should make a request for public records.  It is that custodian who can and should respond to public records requests.


It is obvious that APM 4-11 was created solely and specifically as a way to thwart the efforts of the small number of individuals like myself who have focused on uncovering and exposing the corruption, stupidity and venality of the behavior of many of you who are receiving this email, by installing none other that Mr. Zayon as the gatekeeper, and in the process to at the very least, extend the time required to respond to a public records request.


In actual fact, City employees and private individuals enter the MRC building every day seeking public records of one kind or another, and NONE OF THEM are required to submit public records requests to the Communications Department as a prerequisite to receiving these documents.


Furthermore, this process does not provide any instruction for the physical review of documents.


LET ME REPEAT THAT, APM 4-11 DOES NOT PROVIDE ANY INSTRUCTION FOR THE PHYSICAL REVIEW OF DOCUMENTS!


BECAUSE THE LAW REQUIRES THAT IT BE ENFORCED WITH EQUITY, ALL CITIZENS SEEKING ANY PUBLIC RECORD, MUST ACCORDING TO AMP 4-11, BE INFORMED, AND REQUIRED TO FOLLOW THE PROCEDURES THAT THEY SUBMIT THEIR REQUEST TO REVIEW AND/OR OBTAIN ANY PUBLIC RECORD IN THE MRC BUILDING TO THE COMMUNICATIONS DEPARTMENT.


IN SHORT, IF YOU WANT TO PLAY THIS GAME, THEN YOU MUST MAKE EVERYONE WHO WANTS ANY PUBLIC RECORD – WHETHER THEY BE CITY EMPLOYEES OR PRIVATE CITIZEN – SUBMIT THEIR REQUEST TO THE COMMUNICATIONS DEPARTMENT BEFORE THEY CAN BE PROVIDED THOSE DOCUMENTS.


In the meantime, I have a number of outstanding public records that I expect some response to, and below I have a new one below.


Contrary to the claim made in the email response I received from Ms. Bru, Florida Law does not require that I first send my request to the Communications Department.  Florida law says that public records requests are to be sent to the individual who is the custodian of records for the documents I want.


In fact, Ms. Bru’s instructions that any public records requests sent to her should be sent instead to Ms. Carby, AND NOT TO THE COMMUNICATION DEPARTMENT, clearly illustrates that public records requests are to go to the Custodian of Records of THOSE documents, and not to the Idiot of the City, Angel Zayon.


THIS SINGLE INSTRUCTION FROM MS. BRU REGARDING THAT PUBLIC RECORDS REQUEST MADE TO HER SHOULD GO TO HER ASSISTANT AND NOT TO THE COMMUNICATIONS DEPARTMENT ILLUSTRATES THAT APM 4-11, IS A CHARADE, UNWORKABLE AND INTENDED ONLY AS A POLITICAL ACTION TO FRUSTRATE THE LEGITIMATE REQUEST FOR PUBLIC RECORDS BY A SMALL GROUP OF INDIVIDUALS LIKE ME.


Therefore, I would urge all of you to conduct yourselves accordingly, and respond to my public records requests.


Have a nice day,


Al Crespo


MY LATEST PUBLIC RECORDS REQUEST


October 12, 2012

Mr. Johnny Martinez
City Manager
CITY OF MIAMI
3500 Pan American Drive
Miami, FL

AND

Ms.Julie Bru
CITY ATTORNEY
444 SW 2nd Avenue
Miami, FL

Dear Mr. Martinez and Ms. Bru:

This is a public records request under the provisions of the Florida Constitution, Article 24, and Florida Statute 119.

I am writing to obtain copies of any and all email correspondence between Mr. Graham White, of the company the Gates Group, and anyone in the administration of the City government of Miami, including the Mayor, the City Commission, yourself, either of your assistant City Managers, and any Department heads or their underlings.

Florida law requires that you either provide me with these documents, or provide me with a detailed written explanation of why you will not do so.

You also are required to respond in a timely manner.

I will await your response.

Thank you,

al crespo

It’s Miami, Bitches!

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