Wednesday, July 11, 2012

Terry Murphy Actually on The Right Side of an Issue? By Geniusofdespair

The vote was 9 to 2 at the Charter Review meeting with Terry Murphy and Lawrence Percival on the right side. The disgraced Natacha Seijas' former Chief of Staff proposed that the Miami Dade Commission on Ethics and Public Trust have some real penalties to enforce the Citizens' Bill of Rights.  That was gutted by an amendment proposed by Hans Ottinot (Miami Gardens appointee).  Joe Centorino, head of ethics, wrote a letter to the Miami Herald about the vote.

What does this mean: One of those rights under the Citizens' Bill of Rights is the right of inspection of public records at reasonable times and places convenient to the public. Wouldn't it be nice to be able to know there is teeth when we citizens need it? Government violate our rights under the Charter all the time knowing The Do Nothing Ethics Dept. can't do very much about it -- they are corned into doing nothing. Here is a very good example of something in the Bill of Rights we could surely use:
The County Mayor and County Attorney and each City Manager and City Attorney shall periodically make a public status report on all major matters pending or concluded within their respective jurisdictions.

Have you ever seen these PUBLIC REPORTS? I have never seen one. Wouldn't it be good if they actually did these reports? We could go to Ethics and force the issue if the Department had some teeth. I don't need an Ethics opinion, I need some action!

Voting against citizens' interest -- for the amendment that weakened the enforcement provision -- were the likes of Doral Mayor Bermudez, Don Slesnik and Victor Diaz. Only Diaz is a surprise. So we will NOT get to vote on this Charter Change. But in all fairness, I don't think the County Commission would EVER vote to put it on the ballot. Maybe Heyman, Moss or Sosa would but not the rest of them.

Hit read more to see the Citizen's Bill of Rights that can't actually be enforced:


Citizens' Bill of Rights
(A). This government has been created to protect the governed, not the governing. In order to provide the public with full and accurate information, to pro- mote efficient administrative management, to make government more accountable, and to insure to all persons fair and equitable treatment, the following rights are guaranteed:

1. Convenient Access . Every person has the right to transact business with the County and the munici- palities with a minimum of personal inconvenience. It shall be the duty of the Mayor and the Commission to provide, within the County’s budget limitations, reasonably convenient times and places for registra- tion and voting, for required inspections, and for transacting business with the County.

2. Truth in Government . No County or municipal official or employee shall knowingly furnish false in- formation on any public matter, nor knowingly omit significant facts when giving requested information to members of the public.

3. Public Records . All audits, reports, minutes, doc- uments and other public records of the County and the municipalities and their boards, agencies, depart- ments and authorities shall be open for inspection at reasonable times and places convenient to the public.

4. Minutes and Ordinance Register . The Clerk of the Commission and of each municipal council shall maintain and make available for public inspection an ordinance register separate from the minutes show- ing the votes of each member on all ordinances and resolutions listed by descriptive title. Written min- utes of all meetings and the ordinance register shall be available for public inspection not later than 30 days after the conclusion of the meeting.

5. Right to be Heard . So far as the orderly conduct of public business permits, any interested person has the right to appear before the Commission or any municipal council or any County or municipal agen- cy, board or department for the presentation, adjust- ment or determination of an issue, request or con- troversy within the jurisdiction of the governmental entity involved; provided, nothing herein shall pro- hibit the Commission or any municipal council from referring a matter to a committee of each of their re- spective bodies to conduct a public hearing, unless prohibited by law. Matters shall be scheduled for the convenience of the public, and the agenda shall be divided into approximate time periods so that the public may know approximately when a matter will be heard. Nothing herein shall prohibit any govern- mental entity or agency from imposing reasonable time limits for the presentation of a matter.

6. Right to Notice . Persons entitled to notice of a County or municipal hearing shall be timely in- formed as to the time, place and nature of the hear- ing and the legal authority pursuant to which the hearing is to be held. Failure by an individual to receive such notice shall not constitute mandatory grounds for cancelling the hearing or rendering invalid any determination made at such hearing. Copies of proposed ordinances or resolutions shall be made available at a reasonable time prior to the hearing, unless the matter involves an emergency ordinance or resolution.

7. No Unreasonable Postponements . No matter once having been placed on a formal agenda by the County or any municipality shall be postponed to another day except for good cause shown in the opinion of the County Commission, the municipal council or other governmental entity or agency con- ducting such meeting, and then only on condition that any person so requesting is mailed adequate notice of the new date of any postponed meeting. Failure by an individual to receive such notice shall not constitute mandatory grounds for cancelling the hearing or rendering invalid any determination made at such hearing.

8. Right to Public Hearing . Upon a timely request of any interested party a public hearing shall be held by any County or municipal agency, board, department or authority upon any significant pol- icy decision to be issued by it which is not subject to subsequent administrative or legislative review and hearing. This provision shall not apply to the Law Department of the County or of any munici- pality, nor to any body whose duties and responsi- bilities are solely advisory.
At any zoning or other hearing in which review is exclusively by certiorari, a party or his counsel shall be entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be re- quired for a full and true disclosure of the facts. The decision of any such agency, board, department or authority must be based upon the facts in the record. Procedural rules establishing reasonable time and other limitations may be promulgated and amended from time to time.

9. Notice of Actions and Reasons . Prompt notice shall be given of the denial in whole or in part of a request of an interested person made in connection with any County or municipal administrative deci- sion or proceeding when the decision is reserved at the conclusion of the hearing. The notice shall be ac- companied by a statement of the grounds for denial.

10. Mayor’s, City Managers’ and Attorneys’ Reports . The County Mayor and County Attorney and each City Manager and City Attorney shall periodically make a public status report on all major matters pending or concluded within their respective jurisdictions.

11. Budgeting . In addition to any budget required by state statute, the County Mayor shall prepare a bud- get showing the cost of each program for each bud- get year. Prior to the County Commission’s first pub- lic hearing on the proposed budget required by state law, the County Mayor shall make public a budget summary setting forth the proposed cost of each in- dividual program and reflecting all major proposed increases and decreases in funds and personnel for each program, the purposes therefore, the estimated millage cost of each program and the amount of any contingency and carryover funds for each program.

12. Quarterly Budget Comparisons . The County Mayor shall make public a quarterly report showing the actual expenditures during the quarter just end- ed against one quarter of the proposed annual ex- penditures set forth in the budget. Such report shall also reflect the same cumulative information for whatever portion of the fiscal year that has elapsed.

13. Adequate Audits . An annual audit of the County and each municipality shall be made by an indepen- dent certified public accounting firm in accordance with generally accepted auditing standards. A sum- mary of the results, including any deficiencies found, shall be made public. In making such audit, propri- etary functions shall be audited separately and ad- equate depreciation on proprietary facilities shall be accrued so the public may determine the amount of any direct or indirect subsidy.

14. Regional Offices . Regional offices of the Coun- ty’s administrative services shall be maintained at locations in the County for the convenience of the residents.

15. Financial Disclosure . The Commission shall by ordinance make provision for the filing under oath or affirmation by all County and municipal elective of- ficials, candidates for County and municipal elective offices, such employees as may be designated by or- dinance, and such other public officials, and outside consultants who receive funds from the County or municipalities, within the County and who may legally be included, of personal financial statements, copies of personal Federal income tax returns, or itemized source of income statements. Provision shall be made for preparing and keeping such reports cur- rent from time to time, and for public disclosure.

The Commission shall also make provision for the filing annually under oath of a report by full- time County and municipal employees of all outside employment and amounts received therefrom. The Mayor and any City Manager may require monthly reports from individual employees or groups of em- ployees for good cause.

16. Representation of Public . The Commission shall endeavor to provide representation at all proceed- ings significantly affecting the County and its resi- dents before State and Federal regulatory bodies.

17. Commission on Ethics and Public Trust . The County shall, by ordinance, establish an independent Commission on Ethics and Public Trust com- prised of five members, not appointed by the County Commission, with the authority to review, interpret, render advisory opinions and enforce the county and municipal code of ethics ordinances, conflict of interest ordinances, lobbyist registration and report- ing ordinances, ethical campaign practices ordinances, when enacted, and citizens’ bill of rights.

(B). The foregoing enumeration of citizens’ rights vests large and pervasive powers in the citizenry of Dade County. Such power necessarily carries with it re- sponsibility of equal magnitude for the successful operation of government in the County. The orderly, efficient and fair operation of government requires the intelligent participation of individual citizens exercising their rights with dignity and restraint so as to avoid any sweeping acceleration in the cost of government because of the exercise of individual prerogatives, and for individual citizens to grant respect for the dignity of public office.

(C). Remedies for Violations . In any suit by a citizen alleging a violation of this Article filed in the Dade County Circuit Court pursuant to its general eq- uity jurisdiction, the plaintiff, if successful, shall be entitled to recover costs as fixed by the Court. Any public official or employee who is found by the Court to have willfully violated this Article shall forthwith forfeit his office or employment.

(D). Construction . All provisions of this Article shall be construed to be supplementary to and not in conflict with the general laws of Florida. If any part of this Article shall be declared invalid, it shall not affect the validity of the remaining provisions.

12 comments:

Anonymous said...

I don't think Terry was evil, he just did the bidding of an evil woman. What does that make him? a tool.

Terry not Murphy said...

Why is his name still coming up?

Maria said...

When has the county ever done an independent audit of itself? NEVER! They have been breaking that charter rule since the day it was created. I would love to see Gimenez brought up on charges for that one!

Anonymous said...

Terry is one of the few who know where all the bones are buried. If he ever wrote a true confession it would be a best seller.

Ron said...

Terry knows here the bones are buried because he and Natacha buried them. I think he wants penalties so he or his buddies can tweak Natacha's enemies in the future. He and Gimenez don't appear to get along so expect some future complaints to come Gimenez's way, too.

Mitch said...

Isnt Murphy's wife still employed with the county in that sustainability joke job?

Anyone whose family is feeding at the county trough should not be on the charter commission.

WhyZee said...

Terry Murphy's kniwledge comes from working as chief of stafff for 2 of the nastiest commissioners ever to sit on the dais: Natacha Seijas and Larry Hawkins. Both left office in disgrace. I wouldn't let Murphy get anywhere near a charter commission. How on earth did he get on there?

Cato II said...

So exactly how was Terry Murphy "disgraced"? His first boss was lost his reelection and his second was recalled. Terry is one of the smartest guys I know. He'd make a great County Manager.

Geniusofdespair said...

Barbara Jordan put Terry on the Charter Review task force.

heragresat said...

To CATO II-
WhyZee said Murphy's bosses left in disgrace, not Murphy himself. Larry Hawkins was not reelected because of the highly publicized sexual harassment charges against him. That was a disgraceful exit. And Natacha was recalled from office by a 90%-10% vote of her constituents. That was also a disgraceful exit. WhyZee was right on target in stating they both left office in disgrace.

I guess if Terry Murphy served as the adviser to two disgraced commissioners, that would not reflect well on him. I know Murphy and the comment that he would make a great County Manager is laughable.

Finally, Barbara Jordan should be ashamed of herself. Murphy is an odd choice to represent her majority black district.

Anonymous said...

Cato II has to be Murphy.

Anonymous said...

Terry Murphy is a disgrace. He was Seijas' trusted adviser and he had a lot to do with most of her ill advised policies. As someone who knows him and has worked with him, I know first hand what a public official he is. I was shocked to hear of his appointment to this task force. Commissioner Jordan really messed that one up, didn't she? Murphy shouldn't be allowed anywhere near the chambers unless he is going as a concerned citizen.