As per the recent articles in newspapers across southwest Florida, the State Attorney has launched an investigation into the City's practices. Beyond looking into potential "Sunshine Law" violations, the investigation will rightly delve into other areas.
What in part precipitated the State Attorney to launch the investigation was a cache of the City of Marco Island's emails obtained through a Freedom of Information Act implementation - known as Article 119. The emails are from the 2005 and 2006 periods.
Any citizen for whatever reason has an expressed constitutional right to know how their government works. This way, as evidenced in municipalities where open government is the norm, those citizens that are desirous of participating in a democratic republic can evaluate the facts and make their own determinations and decisions. In these municipalities, citizen oversight is welcomed and encouraged.
There is an even more important reason to review these emails. Citizens suspect of being the target of perceived and alleged abuses by the present City government should be entitled to review the emails so as to at least attempt to confirm or assuage their suspicions.
To these ends, and with the strongest belief that a government that is not of the people and by the people can not stand, the emails are herewith made available to all. The emails are provided using a process to facilitate searching, since without such a tool it is not feasible or practical to perform logical searches of approximately 9,000 emails comprised of over 528,000 lines and of over 2,541,000 words.
The link to the database of emails is on this blog - SEARCH CITY EMAILS! button on the top of the blog.
To use this database an access code is needed. Access codes are provided to anyone that requests one. Simply send an email to marcodatabase@dbiq.com with the words REQUEST CODE in the subject heading. For a limited time, the access code of GUEST can be used without having to request one.
Why use of an access code? Because this database has been made available to the authorities and to other interested parties, and we therefore must prevent abuses. Your email address is of no interest to anyone associated with this endeavor.
Please note that the emails are not complete. Notwithstanding the absurd non sequitur "national security" and "homeland security" pretexts for not providing all of the emails, the City clearly sanitized the emails it did provide. (As an aside, one has to seriously question the logic by which those purportedly in charge of our national security are sending national security information over email.) Regardless, and as but one example, you will find emails with bodies but no headers - namely there is text but the TO: and the FROM: and the SUBJECT: etc. are missing. The most glaring omission is that of the near 9,000 emails, not one was provided with the attachment when such an attachment was part of the original email. The ruse that the 119 request did not specify the attachments is insulting. Lastly, the convoluted format of some of the emails is not a byproduct of the search engine - that is how they were provided.
Fortunately we still live in a democratic society of the people. Hence, this is your opportunity to exercise that right, that privilege, from the comfort of your computer.
1 Comments:
the predictable cynical response:
From: Bill Moss [mailto:bmoss@cityofmarcoisland.com]
Sent: Friday, March 30, 2007 2:02 PM
To: mminozzi@comcast.net; friartuck3725@cs.com; terridisciullo@comcast.net; WdTrotter@earthlink.net; Rob@popoffs.com; councilmanforcht@comcast.net; CharlesKiester@comcast.net
Cc: Bill Harrison; Rony Joel; Mike Murphy; Roger Reinke; Laura Litzan; Dana Souza; Jake Rohrich; Bruce Weinstein; Barbara Lawrence; Bryan Milk; Lisa Douglass; ryovanovich@gcjlaw.com; gurbancic@gcjlaw.com
Subject: Initiative Petition
Dear Councilors:
Yesterday the City Clerk received a petition to request the Marco Island City Council stop the septic tank replacement program, signed by five citizens as the Petitioner's Committee responsible for circulating and filing forms to commence referendum proceedings for a proposed city ordinance. The subject petition was reported in today's edition of the Marco Island Eagle.
This morning I read the submittal and reviewed the provisions of Section 6 of the City Charter, and I have received several phone calls asking questions.
While I may defer to the City Attorney, it appears the petition does not meet the requirement of the City Charter and is therefore unlawful. The first paragraph of Section 6.01 provides:
Ten percent (10%) of the qualified electors of the city shall have the power to petition council to propose an ordinance or to require reconsideration of an adopted ordinance, provided that such power shall not extend to the budget or capital program or to any ordinances related to appropriations of money, levy of taxes, or salaries of city officers or employees, but shall extend to an ordinance providing any single capital expenditure in excess of $250,000.
As such, the Septic Tank Replacement Program cannot be the subject of an Initiative.
The City Attorney is reviewing this matter and should soon render an opinion.
From a piratical standpoint, the citizens of Marco Island have addressed the referendum question through their elected City Council. In April of last year City Council debated whether to subject the STRP to a referendum and declined to do so.
We will keep you advised.
Bill Moss
City Manager
bmoss@cityofmarcoisland.com
By Daring to Speak, at Saturday, March 31, 2007 9:39:00 PM
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