Public Records Enforcement Order rendered against Defendants Village of Palmetto Bay and Mayor Cunningham, but no harm to the Defendants, after all, it was all fought with Other People’s Money.

I wonder if these recent "first-evers" will be added to the Village timeline post on the Village website:

First time ever: Palmetto Bay is taken to court on a claim of violation of a Public Records Request.

First time ever: A Judge renders a Public Records Enforcement Order (VIEW HERE) against the Village of Palmetto Bay, as well as against a Palmetto Bay elected official. 

Add this to the ongoing downturn in the history of Palmetto Bay. Perhaps we should entitle this latest drama “Other People’s Money”.

It took a lawsuit. It should not have come to this, but at least Village Taxpayers should be pleased with the efficiency of the suit filed by past Miami Lakes Mayor Michael Pizzi as he moved this case with a minimum of litigation. The Public Records law provides for attorney’s fees and costs for successful enforcement. This case was moved swiftly before the Honorable Martin Zilber, Judge of the Circuit Court. This hearing took place on October 14, at 3:30 PM. The order was rendered on Sunday, October 25, 2020.  It should be over, but for payment of the attorney’s fees and costs.

This was a hotly contested case. The Public Records Request was DENIED by Mayor Cunningham and the village. The attorneys working for the village chose to fight rather than comply. Remember, a very detailed Answer, Affirmative Defenses and Motion to Dismiss was filed, this document denying responsibility and alleging many reasons why Mayor Cunningham and Palmetto Bay (in their minds) did not have to and should not be required to provide the documents requested in the complaint? Well, those arguments were soundly rejected by the Court.

What is left? While it was the actions (and inactions) of Mayor Cunningham and Palmetto Bay officials that refused to comply and who lost the suit; it will be the taxpayers who will be paying the bills. Assuming that the Mayor and Palmetto Bay have fully and completely complied, all that remains is how much this will cost the Village Taxpayers in the form of attorney's fees and costs to (1) the prevailing party attorney for the Plaintiff; and (2) to the attorneys hired to unsuccessfully defend Mayor Cunningham and the Village of Palmetto Bay.

Don't engage in victim shaming. I can hear the Mayor and her supporters now, victim shaming the Plaintiff.  Let's address that once again. The Mayor and Palmetto Bay had many chances to provide the requested records. This was the first time ever that a lawsuit was filed against Palmetto Bay for failure to comply with a Public Records Request. An independent official, Judge Martin Zilber reviewed the pleadings filed in the case, heard argument from each side and ordered compliance, rendering the Public Records Enforcement Order.

Sometimes the good guys win. The Court obviously was not going to the lawyers drag this matter out. The Taxpayers are fortunate that this was resolved quickly or the fees and costs could have really escalated.

TAX ALERT: I personally find it unfortunate that Palmetto Bay used the taxpayer money to avoid the obligations of Mayor Cunningham and Palmetto Bay to comply with a legitimate public records request.  We will follow and report on the fees and costs - ultimately paid by the taxpayers, though no taxpayer had any fault or involvement in the withholding of these records. The fees may be resolved ‘quietly’ or it may take more hearings. We shall see.

PRIOR RELATED POSTS:
October 19, 2020, It took a lawsuit to obtain records. Notice of Compliance filed. It is over for now, but for the fees and costs assessed against the Village

October 18, 2020, Transparency is important. Florida has strict disclosure laws relating to Public Records – Citizens have the right to access. The burden is on the government to demonstrate any exception.

October 19, 2020, A Palmetto Bay first (or worst!). A lawsuit had to be filed to obtain public records. It required a judge. The Palmetto Bay Follies (and not something to be proud of).