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