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Venice Florida! dot com

VENICE FLORIDA! DOT COM CALLS FOR SIMMONDS' RESIGNATION
Simmonds, city clerk deny public records requests in 2007; Simmonds: "For the record, I have no city business on my [home] computer"
A heated dialog following a public records request in April of 2007 reveals two things: City Clerk Lori Stelzer was not keeping a file of city emails sent from home computers, and that Simmonds was lying about his use of private emails
-- John Patten, 11/25/08
--
jpatten@veniceflorida.com

Got a comment? Make it here.


Councilman John Simmonds on the witness stand in June of this year, where he testified that he destroyed public records emails that had been sent through a private email account. Over a year earlier, Simmonds denied using his home computer for city business after Venice Florida! dot com asked to see the emails.

READ THIS ARTICLE FIRST:
City hall's long history of public records debacles
-- Venice Florida! dot com, 11/23/08

From: John Patten
To: City Clerk Lori Stelzer
Date:
04/20/07 2:37 PM
Subject: e-mails


It is my understanding that council is supposed to bring in printed copies of all city business emails sent to and from their home accounts and that you have created a file for that purpose.

I would like to peruse that file.

Please advise when this will be possible.

Thank you.

 

From: Lori Stelzer
To: John Patten
Date:
 04/20/07 3:06 PM

Correspondence received at their homes relative to city business is a public record. I believe it was suggested they bring them in to my office. However, they can keep a copy in their own office files if they wish, as they do other correspondence. I do have a file with mayor/city council correspondence in it filed by date. Council could also forward it to their city e-mail account. However, if it pertains to a certain council meeting, it is filed in the meeting file. They may not all be in one place. You can come in any time and Judy can provide you the correspondence file that we have.

 

From: John Patten
To: Lori Stelzer
Date: 04/20/07 4:05 PM

Again, I would like to peruse any and all city business emails that are sent to and from home accounts. As to where they are all being filed or how to compile it, it would seem to be no problem if they consistently used the city server for city business and their home accounts for home business. Most corporations and governments seem to do this as a matter of course.

For now, let's say going back to Jan 1, 2007.

EDITOR'S NOTE: In response to the above, Venice Florida! dot com eventually received, in total, five emails from Councilman John Moore's home email account from City Clerk Lori Stelzer and nothing else. See background story.

 

From: Councilman John Simmonds
To : John Patten, city council, city clerk
Date: 04/22/07 7:55 PM


I have no city work at home and don't cotten up th the idea of working at home on the computer. Wish I could. I do read and sometimes respond to e-maills. You and the media have copies of these. Occasionally I, not moving from this desk at home, will attempt without success to send a Group wise e-mail to aloha1329 so I can print it or use the spellchecker, which I cant as I have explained to you on group wise. If i try to respond to an e-mail on GroupWise at home the city spellchecker wipes out the typing I have done.

I will bring pictures of the desk top for Group wise opened at home and the e-mail window to show you how different it is from the one that shows up on the city computer.

John P sees a conspiricy behind every bush. He has worked on my home computer and knows I don't do city work at home.

I'm curious as to what he thinks we possibly could be doing at home which might be illegal.

PS I'm not sure how to spell "conspiricy", but if I click the spell checker all is lost. This is tough on the worlds worst speller.

 

From: John Patten
To: John Simmonds, council
Date:
04/23/07 9:35 AM

1.) The GroupWise email is not all that hard to use, we in the media have to use it to view council emails, which we are supposed to have access. We are, as I understand it, supposed to have electronic access to all council emails, this according to the Herald-Tribune which had to threaten legal action against the county for it. The city provided media access under the same guidelines.

However, when certain council members use their own email accounts to bypass the public system, for whatever reason, this makes it impossible to view the emails in real time. Why someone would want to do this I do not know, but it is being done -- Fred Hammett admitted using his own email account at the last city council meeting. Hammett was advised that he is to bring in printed copies. My request was simply to be able to review those printed copies on a regular basis as is my right.

I stated nothing about any conspiracy. I find your hostility and accusations towards a simple public records request as outrageous. You apparently view me as a conspiracy theorist. Fine, think what you want. Be advised that in making that statement, I, in turn, am beginning to view you as a mean-spirited crotchety old fart who has no interest in maintaining the public's right to know.

If you can find any hint of nastiness or accusation in my original request to view something that I, by all rights, am entitled to view, please educate me.

If not, my previous advice still stands -- take a Midol.

 

From: John Simmonds
To: John Patten, city council, city clerk
Date: 04/23/07 10:20 AM

OK John Im mean, nasty, old, and crotchety, and outrageous; but I think you know better than to allege that I have no interest in maintaining the public right to public records or the public business. Contrary to that notion I believe you know I have been an advocate of the Sunshine on city business.

For the record I have no City business on my computer. You've seen my computer and had complete access to it and know there was no city business on it except e-mails. There is a media copy of all e-mails sent from home on GroupWise.

I apologize for emotion in my response to what I saw as an allegation, not a simple request for information and will take a midol if will make you feel better.

This message was written on the city computer. Writing on the city computer is a painful process.

 

From: John Patten
To John Simmonds
Date:
04/23/07 11:41 AM

It was your conspiracy comment that set me off.

I get wild-assed tips, to be sure. Most of them are pretty loopy but I try to check them all out because... well... you never know.

Take the sewage dumping at the airport -- it did happen, The Steele Report even says it happened and you have one guy who still works for the city who turned in -- in writing -- two different accounts, one admitting that it happened and one that denied that it happened.

History now says it didn't happen, thanks to some smooth manipulation of the data by Black (the way the final Steele Report was edited) and J.J. Andrews in one of his very few dim-witted analysis of data presented to him.

So right now I am looking at a missing building. It's one hell of a weird-assed story, but there is definitely something to this story, otherwise I'd have already been debunked. We're talking about maybe a $1 million hit that the city looks like it may have taken, and nobody wants to talk about it, not at city hall, not at the DEP, nobody. The employees who know this story and insist that it is true are under a hell of a lot of perceived pressure to keep it quiet and your city manager is telling me that he has received instructions from council members not to answer my questions.

Am I getting pissed? You bet. Am I smelling a conspiracy? I don't know what the hell I'm smelling yet, but it ain't pretty.

I will discover the truth of this story, but I am totally amazed that nobody on council is remotely concerned, not only that it might have happened, but at the lack of openness on the subject.

I don't like doors being slammed in my face and then this fake attitude from city hall that we're all open here. You're not. You (the city) have gone out of your way to create an antagonistic atmosphere and it carries over to this airport deal. I'm not the only person out here watching this, the Gondo and the H-T are aware of my investigation and they have stated interest but they lack the knowledge that I have of the history of events. So when I do lead with this story, it will be particularly ugly if the main part of this story is about how city hall under Black appeared to be covering it up.

That's the psychology behind the H-T's dealings with you on the airport -- that there are a variety of things you aren't being upfront about. I know -- I talk with them. They see funny things at the airport, they see the rest of this, and it's Welcome To George Hunt Jr. Land.

So keep getting crabby when someone asks a question that makes you feel uncomfortable. Just understand that you have no real right to rant about misconceptions in the press -- there's a lot of misconceptions, mostly caused by Fred and Marty's total failure to have any empathy with how the press works and thinks.

You don't like the way the press treats you? That street runs two ways and you (the city) totally fail to grasp that.

You would think Pam Johnson's job is to help formulate public opinion by understanding the media, but she is the most clueless of all -- all of us out here in the media try and avoid her like the plague unless it is to catch her saying something stupid.

You will continue down this same path, you will not heed my advice. I'm a cranky nutcase. Fine. But you are headed for one of the most politically divisive and bloody battles that city hall has ever engaged in with this airport issue and you never once had a media plotting about how to sell the idea to the public.

You are doomed and you did it to yourselves.

 

From: John Simmonds
To: John Patten
Date: 04/24/07 7:19 AM


I know you won't believe me, but a missing building? I havn't a clue what your talking about. If I on my own gave Marty instructions not to talk about some thing, It is my true belief he would remind me what the Charter says and in a polite way tell me to shove it. Only a vote of 4 or more in open session can give Marty instructions and then only in accordance with charter provisions.

So far as the airport is concerned I don't know what your talking about either. What is HTs? All I know is we are working on the Airport master plan and have finished the 2nd draft. The plan dosn't talk about much in terms of non aviation activity. It is prety much obvious stuff like financial performance, hangars taxie strips runways etc. The one page summuries of proposals are to be discussed Wednessday They don't say much. Marty wrote them letters thanking them for their input.

What else do you know that you think I do and am being evasive about? The talk about a marina is old stuff that started about 10 years ago when the FAA was pressuring the city to generate more revenue for the airport operations. A "Jack Renolds" Deputy Administrator at Orlando at that time agreed they should go ahead with plans and since then it has been all talk. The only thing I know about this to-day is that Marty has said if any of it happens entrance must not be off of Harbor drive.

Tell me what you want me to do. I'll share your e-mail with Council to-morrow if you want me to when it comes to Council reports and see what happens.

I have been treated well by the press here and have no complaints. They pretty much ignore me cause I am one out of 7 who doesn't have much to offer them.

I have a tough hide about press articles which are critical. That is what sells papers. I don't blame them because that is what the public wants to read. How well do you think a paper would sell if all they said was things are going very well at City Hall every day? We all have our rolls to play.

I won't use the spell checker because it would wipe out all I have written here. Maybe that would be the best thing that could happen.

 

From: John Pattem
To: John Simmonds
Date: 04/24/07 09:20 AM

see inserted comments below

Look, thanks for writing back. I still like you, I don't think you are a villain. But I am angry and frustrated at the city's lack of openness and recent stated open aggression towards me. I've thought about it for some time, so these feelings and statements are not off the cuff from me. I have well-thought-out reasons for acting the way I am acting right now, and I place the blame squarely at where city hall's welcome mat used to be.

So understand that my interjected comments below are angry, but for a well-thought-out and restrained reason. I'm not pulling any punches, though.

> JOHN
>
> I know you won't believe me, but a missing building? I havn't a clue
> what your talking about.

So Marty has kept you out of the loop, too? Good. Now I don't feel all alone.

Ask hm for copies of all emails between he and I since January 1. That oughta spell out the story. If he won't give them to you, lemme know -- I'll print up copies.

Don't feel bad. This story is so buried, but it's bad and it will break. Buy me a coffee, I'll spell it out for you.

> If I on my own gave Marty instructions not to
> talk about some thing, It is my true belief he would remind me what the
> Charter says and in a polite way tell me to shove it. Only a vote of 4
> or more in open session can give Marty instructions and then only in
> accordance with charter provisions.


Well, there you are. I didn't make it up, that's what I was told. I'm sure you will be told that I made that up as well as the missing building story.

> So far as the airport is concerned I don't know what your talking about
> either. What is HTs?


Abbreviation for Herald-Tribune.

> All I know is we are working on the Airport
> master plan and have finished the 2nd draft. The plan dosn't talk about
> much in terms of non aviation activity. It is prety much obvious stuff
> like financial performance, hangars taxie strips runways etc. The one
> page summuries of proposals are to be discussed Wednessday They don't
> say much. Marty wrote them letters thanking them for their input.

Ed Taylor is reportedly one of the lead negotiators for the Marriot / VGA deal. You might recall your words on the campaign trail that he not only gave donations but encouraged others to donate to your campaign as well. I remember him following your campaign closely at stump appearances. Like it or not, this does raise an arched eyebrow as to what you may have known and when. You've always played your cards close to your chest when it comes to future development, so such suspicions come with the territory. No, I am claiming no conspiracy, but I have a healthy distrust of the government.

> What else do you know that you think I do and am being evasive about?
> The talk about a marina is old stuff that started about 10 years ago
> when the FAA was pressuring the city to generate more revenue for the
> airport operations.


Raising hangar rents to realistic rates, getting rid of sweetheart deals like Agape, Cinemoves and the VGA never occurred to anyone. Banning sublets never occurred to anyone. Charging a landing fee never seemed like a good idea. Better accountability for the city's nebulous fees charged to the airport were never looked at until recently. The city has used the airport like a cheap whore -- no respect to the airport or neighboring residents. Just leave the money on the dresser.

So NOW you need the money. What were you folks doing ten years ago again?

> A "Jack Renolds" Deputy Administrator at Orlando at
> that time agreed they should go ahead with plans and since then it has
> been all talk. The only thing I know about this to-day is that Marty
> has said if any of it happens entrance must not be off of Harbor drive.


Marty didn't tell you about prior meetings with Ed Taylor? C'mon, John gimme a break. That defies logic. Either Marty told you and you knew and thus you were not being entirely honest OR Marty didn't tell you and was thus wheeling and dealing behind your back and then denying to you that it happened. Either way, it is hardly open government, this is Goys Gone Wild.

> Tell me what you want me to do. I'll share your e-mail with Council
> to-morrow if you want me to when it comes to Council reports and see
> what happens.


Have coffee with me. Lemme spell out what I got. Help me to prove or disprove my current theory by putting pressure on city hall to open up. Then arrange a meeting with you, Marty, and I. I bet Marty won't do it.

> I have been treated well by the press here and have no complaints. They
> pretty much ignore me cause I am one out of 7 who doesn't have much to
> offer them.

Not -- we've been both kind and rough with you, and I think deservedly so at the appropriate times.

> I have a tough hide about press articles which are critical. That is
> what sells papers. I don't blame them because that is what the public
> wants to read. How well do you think a paper would sell if all they
> said was things are going very well at City Hall every day? We all have
> our rolls to play.


So the government is always straight up but the press sometimes plays fast and loose.

C'mon, John, knock this crap off.

> I won't use the spell checker because it would wipe out all I have
> written here.
> Maybe that would be the best thing that could happen.

Actually, it shows you to be somewhat conciliatory but still a bit cranky. Your soul may be redemptive after all. That's good -- between the two of us, at least one of us ought to be able to have a shot at Heaven.

 

From: John Patten
To: John Simmonds, City Council, Andrea Mogensen
Date: 11/25/08 10:11 AM

With the publication today of your emails from 2007, I think it is time for
you to resign.

Complain all you want about your perceptions of other members of council,
but this easily makes you the worst of all offenders.

At this point in time, I have more than enough to persue a criminal
complaint against you for three different wrongs:

You violated the Sunshine Law (specifically with Paul Hollowell in November
of 2005 -- that's just one example, a very major one).

You have admitted on the witness stand under oath that you destroyed public
records.

In the emails published today from 2007, both you and Lori Stelzer refused
to honor a public records request. You went so far as to outright lie and
state that you do not use your home computer for city business in a
deliberate attempt to bypass public records requirements.

You are caught cold, one hand stuck in a cookie jar, a smoking gun in the
other. There is no wiggle room here.

Resign today.

 

John Patten is the head of Web Operations for Creative Pages, and has worked in broadcasting for over 12 years. He can also be incredibly rude at times.

 


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