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Sunday, December 29, 2013 State of Florida Florida Elections Commission 107 West Gaines Street, Suite 224 Tallahassee, Florida 32399-1050 Timothy "Chaz" Stevens PO Box 1123 Deerfield Beach, FL 33443 Dear Sir or Madam: I hereby file a complaint with your office alleging Margate Commissioner Tommy Ruzzano violated Florida Statute 447.605. 447.605 Public meetings and records law; exemptions and compliance. (1) All discussions between the chief executive officer of the public employer, or his or her representative, and the legislative body or the public employer relative to collective bargaining shall be closed and exempt from the provisions of s. 286.211. (2) The collective bargaining negotiations between a chief executive officer, or his or her representative, and a bargaining agent shall be in compliance with the provisions of s. 286.211. (3) All work products developed by the public employer in preparation for negotiations, and during negotiations, shall be confidential and exempt from the provisions of s. 119.07(1). On December 11, 2013, the Margate City Commission and senior staff met in the shade to discuss police labor talks. Buzzano was among the participants in that meeting. City Attorney Eugene Steinfeld had opined work product should be withheld from the public during negotiations. Ruzzano, who had never heard of a shade meeting before, confirms his ignorance of law when he provided the following confidential information to a seldom-read local blog. The figure the City is using to take from taxpayers and give to labor unions is a potential 7-9%* savings on health insurance costs. Although increases to health insurance for city workers was expected to be as high as 10-12%* in the coming fiscal year, the increase amounted to little less than three percent to taxpayers. According to Ruzzano, the city is suggesting the savings go toward increasing the pay of workers - not toward paying down city debt or quality of life projects for residents. Presently, the city has offered a 2% Cost of Living Adjustment to all city employees, including senior management staff, with no increases to pension costs or health insurance. Consequently, taxpayers will absorb a $900,000 citywide increase to employee pensions this year, along with a 3.27% increase in the cost of worker health insurance. According to AGO 99-27, the discussions and consultations of the chief executive officer with the legislative body relative to collective bargaining are exempt from section 286.011, Florida Statutes, and need not be open to the public. Continuing, AGO 99-27 states, The purpose of the exemption is to allow the governmental

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entity to develop and communicate an effective negotiating strategy which will then be used in open negotiating sessions. The exemption from open meetings in section 447.605(1), Florida Statutes, specifically applies to meetings between the "chief executive officer" and the legislative body for the municipality as they develop strategies for bargaining. However, it would be counterproductive to allow strategy development meetings between the committee and the city commission in private but then require the members of the city's negotiating committee to meet in public when further discussion of that strategy is necessary among themselves. Unfortunately for the taxpayers wallet, Ruzzanos piercing of the shade provided a negotiating advantage for the police union. Hes an idiot, this one is. I respectfully request that you thoroughly investigate my allegation. Sincerely;

Timothy Chaz Stevens

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Shade Meeting connects elected ofcials to labor union interes...

http://margatenews.net/5623/58629/a/shade-meeting-connects-e...

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Shade Meeting connects elected ofcials to labor union interests. Legality of meeting questionable
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December 13, 2013 | By Mitchell Pellecchia

Margate Vice Mayor, Joanne Simone, said she wont support a police union salary increase until she knows the re union is getting theirs. Margate Mayor, Le Peerman, a union worker for Broward Schools for years, spoke to supporting the Federation of Public Employees (FPE) all behind closed doors. (Amended 12-13)* _______________ Its called a shade meeting and is regulated by Florida Statute 286.011 (8). City commissioners and senior staff members had one on Wednesday to discuss whether police ofcers and sergeants in the City (the Fraternal Order of Police union) should get a $1,000 bonus or wage attachment - aside from what city commissioners had already instructed the City Manager to do. The union threatened the city with Impasse, which likely triggered managements decision to confer with commissioners in the shade. Whether the meeting Wednesday met statutory requirements or not or was noticed properly or not -Margate Commissioner, Tommy Ruzzano, believes taxpayers should know what the city is doing with their money. A father of four with a business of his own, Ruzzano said he was concerned over how other commissioners appeared to represent the interest of certain unions at the "shade meeting - some having received campaign contributions from bargaining units in the past. Ruzzano is an advocate of full Sunshine and believes elected ofcials should discuss all city business in public. Margate isnt a secret society and shouldnt be run like one, he told MargateNews.net. Ive never heard of a shade meeting before. With Simone - a former union teacher - speaking in favor of the re union, and Peerman, defending the FPE, Ruzzano said he cant conceive of the Margate City Commission fairly approving labor contracts. Moreover, the wife of Margate City Commissioner, Brian Donahue, is a Margate police ofcer and member of the FOP - the union that threatened the City with Impasse. Three out of ve commissioners have been, or are directly afliated, with government labor unions. How can that be good for the decision-making process in determining fair contracts? Ruzzano asked rhetorically. The re union will be asking for beaucoup dollars. I hear they want $1.7 million in increases. The gure the City is using to take from taxpayers and give to labor unions is a potential 7-9%* savings on health insurance costs. Although increases to health insurance for city workers was expected to be as high as 10-12%* in the coming scal year, the increase amounted to little less than three percent to taxpayers. According to Ruzzano, the city is suggesting the savings go toward increasing the pay of workers - not toward paying down city debt or quality of life projects for residents. Presently, the city has offered a 2% Cost of Living Adjustment to all city employees, including senior management staff, with no increases to pension costs or health insurance. Consequently, taxpayers will absorb a $900,000 citywide increase to employee pensions this year, along with a 3.27% increase in the cost of worker health insurance. Collective bargaining, aka union negotiations, typically is nalized after trim notices come out and before commissioners approve the city budget. The reason for this, said City Manager, Jerry Blough, is so the city knows how much it will be receiving in ad valorem taxes, thus giving policy makers a better idea of how much to pay city workers. Although it was proffered that negotiations would occur earlier in the year with the hopes of nalizing labor contracts by budget time - it didnt happen. Zero negotiations were settled prior to budget approval and taxpayers never made aware of what the city put aside for potential worker pay increases - referred to some as wiggle room. The gure was kept from the public during budget hearings this year and never mentioned after the budget was approved - all in the spirit of fair labor negotiations, which, according to Ruzzano, cant happen now. Commissioners are supposed to approve or disapprove of labor contracts in the Sunshine, not negotiate them in the shade, Ruzzano said. Whether Wednesdays shade meeting met statutory muster or not, MargateNews.net is unsure. Florida Statutes requires a court reporter to be present and the public to be notied of the meeting. The attorney-client session must commence at an open meeting in which the entitys chair announces the commencement of the private attorney-client session, the estimated length of the session, and the names of the persons who will be attending the session, states the Florida Bar Journal. Moreover, its debatable as to whether a threat of impasse constitutes pending litigation to which the

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Shade Meeting connects elected ofcials to labor union interes...

http://margatenews.net/5623/58629/a/shade-meeting-connects-e...

entity [City of Margate] is presently a party before a court or administrative agency, states the Statute. Presently, no labor unions are at Impasse with the city or have ofcially declared Impasse. At times, a government entity may receive a notice of claim or may otherwise have good reason to believe that litigation against it is imminent. In such a case, the entitys attorney may be approached by a public ofcial desiring to hold an attorney-client session with other members of the governing body. However, the statute only provides for an attorney-client session to discuss pending litigation and, therefore, no attorneyclient session may occur until a lawsuit or other legal proceeding is actually instituted, says the Journal. Also, depending on how the meeting was announced to commissioners and the public, it is questionable as to whether any other union, besides the FOP - or any other business - should have been discussed at the meeting. Share Reader Comments By Like reading a cartoon on 12/19/2013 Le, I think the only mistake you make regularly is that you actually acknowledge these petty bloggers. You need to ignore them like the other commissioners do, as they don't know facts, bring in name throwing, and cast threats over your next election. None of these people have any idea of the good work that you have done for this city and that you are driven by the needs of our citizens. I will not say that these comments are from stupid people, but they are short sighted and vindictive. I haven't read one constructive comment in many issues. It is pretty sad and they should be ashamed of themselves. The addage is that if you can't say something good, then keep your lips sealed. By Oh My on 12/18/2013 Bring dictionaries, bring punctuation, bring literacy! By re that mayor on 12/17/2013 wednesday be herd re that no good mayor and we can get more done bee there bring all you can to the meeting its gonna be good By gary on 12/15/2013 If you can't make an argument without resorting to calling someone fat and ugly, do you really have an argument to make? By x it on 12/15/2013 mclean will x it when he comes back!!! By Le Peerman on 12/15/2013 sorry should have read yup learned it in 5th grade. Auto correct take over. Le By Le Peerman on 12/15/2013 Resident, you learned it in 5th grade. Le By Resident on 12/15/2013 LESA Peerman, did you know you can't spell JEALOUS without LESA? Did you also know you can't spell WEASEL without LESA? Did you know you can't spell A55HOLE without LESA! Keep up the good work! By Le Peerman on 12/15/2013 Resident, you asked a question, I answered it, It is typically what I do. If this is my last year in ofce so be it, it was a great ride. Le By Resident on 12/15/2013 Peerman you have exposed yourself for who you really are - a bitter, ugly, unhealthy, shallow, disgusting human being - grasping at straws. You are now spending time perusing Florida statutes until you can nd a violation to slap on Ruzzano. Then use a city attorney paid by taxpayers to do it. You would think a newly elected Mayor would have better things to do. Good luck. Hope it pans out for you in your last year of ofce. By attorney in another city on 12/15/2013 Wow, even genius boxer Chaz Stevens does not know that an attorney is bound by condentiality but clients are not. No such thing as elected ofcials bound by condentiality. Too many blows to the head I guess. By <> on 12/14/2013 *pulls up a steak dinner to watch* By Chaz Stevens, Genius on 12/14/2013 Madam Mayor; Even though it's been a whorl-wind week (being on The Daily Show and Colbert, just to name a few), I'd like to help out my good friends in Margate. On Monday, since I will be meeting with the Broward SAO anyway, I will le a complaint against Commissioner Tommy Boy for his quite obvious corrupt activities. A few things to keep in mind. 1. I have an amazing track record sending folks to jail. 2. Did I mention I was just an int'l new story? 3. The folks at the SAO simply love me, as my most recent work against Lakes CM Jon Allen looks to be resulting in felony charges being levied his way. Happy Festivus By Le Peerman on 12/14/2013 Gary etc, Hearsay is not facts. Fact Vice Mayor Simone is not nor was she a union member when she retired. Fact the City Attorney will advise Commissioner Donahue as to if he can vote or not. To state the facts one only needs the facts. Resident, while it may be hard press to prove if one chose to I would think possibly this FL ST 839.26 could be considered. Misuse of condential information.Any public servant who, in contemplation of ofcial action by herself or himself or by a governmental unit with which the public servant is associated, or in reliance on information to which she or he has access in her or his ofcial capacity and which has not been made public, commits any of the following acts: (1) Acquisition of a pecuniary interest in any property, transaction, or enterprise or gaining of any pecuniary or other benet which may be affected by such information or ofcial action; (2) Speculation or wagering on the basis of such information or action; or (3) Aiding another to do any of the foregoing, shall be guilty of a misdemeanor of the rst degree, punishable as provided in s. 775.082 or s. 775.083. Le By Resident on 12/14/2013 Ruzzano knew the meeting was condential. Really? Take some time Ms. Peerman and give voters the statute and wording pointing to where commissioners are bound to this condential stuff you speak. Do any exist. Elected ofcials serve the public. Condence may be expected in certain meetings but certainly not required by law. Unions are not a protected class over taxpayers. The only condence an elected ofcial wants or needs is the condence of voters. Not unions, not city staff, not attorneys. I voted for you but no more. What you say here I have no idea what you deem things I should know and things you decide to keep from us. You are a train wreck of a Mayor. By gary, gary, gary, gary, gary on 12/14/2013 Wow Ms. Peerman. Did you not just speak to the hearsay of one commissioner while committing hearsay yourself about others? Isn't that special. Open mouth insert foot. Do you feel Simone or Donahue need you to defend them or can they fend for themseles mother hen? Why don't you talk about them more.
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12/29/13, 10:37 AM