Links to key subjects in the transcript of the September 17, 2007 meeting of the
Circuit 6 Juvenile Justice Board.
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[Introductions] |
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2:00:28 PM |
Harris |
Call to order.
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2:00:33 PM |
Harris |
Commissioner Ken
Welch is otherwise engaged and won't be able to make our meeting, but we
need to begin with Mr. Pound and need to have everybody state their
names so that the Clerk can get your correct names for the minutes;
we'll start with you, Greg.
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Identification: |
Greg Pound; Paul
McClintock, Pasco Council; Reverend Bruce Wright, Refuge Ministries,
Pinellas County Juvenile Justice Council.
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2:00:34 PM |
Plyer |
Are the people who
are speaking, are they members of the board?
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2:01:49 PM |
Harris |
That's what I just
said, Dave. That’s exactly what I said and if you would just identify
yourself and worry about those things that you are responsible for.
Thank you.
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2:01:52 PM |
Plyer |
Dave Plyer,
representing the Pinellas County Juvenile Justice Council, member of the
board.
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2:01:53 PM |
Harris |
Thank you.
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2:01:54 PM |
Identification
continues |
Lavetta Waters,
Department of Juvenile Justice, Community Partnership Coordinator.
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Corry |
Shouts from the
audience: Not a board member
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[Chair
Harris introduces Leisner as a new board member] |
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Identification
continues
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Tony Leisner, WorkNet
Board Treasurer.
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[Plyer objects] |
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Plyer |
Not a board member.
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Harris |
Mr. Leisner is a new
board member.
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Plyer |
No, Mr. Leisner is
not…
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Harris |
He is a new board
member.
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Corry |
Shouts from audience
violation of the statute
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Plyer |
Elected by the,
appointed by Pasco County?
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2:02:02 PM |
Harris |
No. If you will
read your agenda you will see that there…
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Plyer |
See what where?
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Harris |
and when we get to
that point you will all get to vote on it.
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2:02:12 PM |
Plyer |
Absolutely not.
There are laws concerning the appointment of members to this board
(bangs on table) and this person as pleasant as he may be and as
uninformed as he may be about the politics here, is not yet a member of
this board. He has not been appointed by either Pasco County Council or
the Pinellas County Council and he is not a statutory member. So, for
those reasons he is not a board member.
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2:02:40 PM |
Harris |
Thank you, Dave.
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2:02:44 PM |
Wright |
Excuse me. If I can
concur with that he is not a board member because he has to be appointed
according to statute by both one or the other, the Pinellas County
Juvenile Justice Council Board or the Pasco County. Now, if he is
appointed by Pasco, then we need to know, but otherwise if he is coming
from Pinellas County he cannot be appointed without the approval of the
Council appointing him, and you know that, sir.
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Plyer |
It’s the law.
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2:03:11 PM |
Harris |
If you would read
your By-laws, according to the By-laws, the board can be expanded in
certain areas and those appointments don't have to come from either
one. And we talked about this at the last meeting and…
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Plyer |
Moot point.
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Harris |
Would you let me
finish, please, sir. We talked about this at the last meeting. We said
that we were going to expand our board and we were looking for two
areas: from labor, and he certainly is coming from the WorkNet board,
and then it said those under-represented areas, and we are still looking
for people from the provider community. Now, I don't know what that's
so difficult to understand.
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2:03:49 PM |
Plyer |
What is difficult to
understand is that at the last minute you were going to send we motions
to DJJ for their approval, to look at it to see if it was legal. Then,
those motions to expand the board, to term limits, would be then moved
and approved, seconded, approved, discussed, given that the board was
presented with sufficient time to review the proposed changes. Nothing
in those motions, nothing in the statutes gives you or the executive
committee of this board the authority to appoint anybody. So, before
you embarrass him further you might get that clarified.
o |
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2:04:42 PM |
Harris |
Well, before you
embarrass yourself further you might read your agenda where we will
eventually get to that where you will get to vote on Mr. Leisner.
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2:04:46 PM |
Plyer |
Then he is not a
member of the board at this time.
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2:04:48 PM |
Corry |
Shouts from the
audience: This is not the corrupt Pinellas County Board of County
Commissioners...
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2:04:54 PM |
Unidentified |
Shouts from the
audience: Under what authority? Under what statute...read us the
statue...
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[Introduction
continues] |
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2:05:01 PM |
Identification
continues |
I’m Martha
Lenderman. I’m appointed here by the Pasco Council and a member of the
board. Tim Niermann, Department of Juvenile Justice; Teri Simpson,
Pasco Juvenile Justice Council; Lt. Barbara Taylor, Pasco County
Sheriff, Pasco Board; Norm Roche, Pinellas Council Board; Raymond
Gross, Circuit Court; Vance Arnett, State Attorney's Office.
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2:05:36 PM |
Harris |
Okay. We do have a
quorum. We have minutes from our last meeting. The Chair will
entertain a motion... |
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Corry |
Shouts from the
audience, Who are the other absent members? Where was the roll call?
There’s other absent members.
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Plyer |
Who is not present
today?
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Corry |
Shouts from the
audience, Just follow the darn rules, that’s all you have to do.
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Unidentified |
From the audience, I
have kids that said they didn’t want to come because they didn’t want to
see adults break the law…
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[Approval of
minutes] |
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2:06:04 PM |
Harris |
Is there a motion to
approve the minutes?
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Lenderman |
Move approval.
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McClintock |
Second.
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[Corrections
and questions] |
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2:06:15 PM |
Plyer |
I have corrections.
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2:06:21 PM |
Wright |
And I have questions
about the minutes. |
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2:06:23 PM |
Harris |
Well, we can only
have one of the talking heads speak at a time...Reverend Wright?
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2:06:24 PM |
Wright |
According to this,
it says, and I quote, in our New Business, that a proposal to increase
the size of the board would be considered. Not that it's been done.
And that it was to be, according to these minutes, checked out according
to state statute and the Department of Juvenile Justice. Unless it's
been checked out according to state statute and by the Department of
Juvenile Justice, then it is not appropriate to even consider adding
more to the board. This is in our own minutes here that we discussed
this. So, I want that noted in the record that this was discussed at
the last meeting and that this cannot be done unless those two things
have been done.
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2:06:27 PM |
Harris |
Thank you. Mr.
Plyer.
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2:07:18 PM |
Plyer |
Okay, corrections to
the draft minutes of the Circuit 6 Juvenile Justice Board meeting of
July 16th. Item 1. Page one, title, beneath the date July 16, 2007,
add the word "draft" followed by the name of the author and the date the
draft was written. Item 2. On the list of members present, remove the
name Lieutenant Barbara Taylor. Item 3. Page two, Welcome Call to
Order Quorum Count. End of the first sentence, to the words "whereupon
Mr. Plyer requested a roll call," add "which was denied by the Chair."
Item 4. Page three, Pinellas County JJC Report. First paragraph, line
four, replace the words "and a letter regarding Chairman Harris from the
Pinellas County JJC" with "a letter demanding a written apology from
Chairman Harris for his despicable behavior towards the Pinellas County
JJC." Item 5. Page Six, Public Comment: End of the sentence replace
"Reese Stearns expressed his concerns" with "Ryis Stearns asked the
board to apologize for insinuating that he would shoot up a school.
There was no response from the board." And that concludes my
corrections.
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2:09:12 PM |
Harris |
Well, we don't take
those as corrections; those are suggestions and if you want to pass
those in, you can pass those in. We will entertain a motion to approve
the minutes...
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2:09:20 PM |
Wright |
Those are
corrections, sir...
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2:09:13 PM |
Plyer |
As corrected... |
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2:09:22 PM |
Taylor |
May I inquire as to
why I am taken off the list?
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2:09:24 PM |
Plyer |
Because at the last
meeting you were found not to be a board member.
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2:09:30 PM |
Harris |
No, she is a board
member.
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2:09:33 PM |
Taylor |
I believe I was found
to be a board member.
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2:09:40 PM |
Plyer |
This is a record of
what happened at last meeting...
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2:09:49 PM |
Harris |
Mr. Plyer, one of the
things you are going to have to understand is that you are not the fount
of knowledge or the keeper of everything that's true and great and
honest, and we are going to conduct business whether you and your
hand-picked band of...obstructionists...we are going to conduct
business…
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2:10:08 PM |
Wright |
Okay, are you getting
this John, if you're going to refer to me that way, excuse me, this is
my legal observer and you are going to hearing from my lawyer...thank
you. You are being disrespectful to us...
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[Minutes
approved without corrections] |
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2:10:19 PM |
Harris |
Okay, we've got a
motion to approve; and (to Lt. Taylor) you are a member and you will be
included in the minutes and you are supposed to be here today because
you are appointed and you are a member of the Pasco Council. All in
favor of the minutes?
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Corry |
Shouts from the
audience, She was not a member at the last meeting
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Plyer |
As corrected, as
corrected, as corrected…
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Lenderman |
That is not my
motion. Aye.
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Harris |
Those opposed.
Several nays. Okay, let's do a hand. All in favor of the minutes,
would you raise your right hand please; seven in favor; all opposed to
the minutes as presented, raise your hand; four opposed.. The minutes
stand approved. Now we’ll go to the council reports and we’ll begin
with the Pinellas Council.
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[Plyer
requests roll call vote] |
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2:11:14 PM |
Plyer |
Before we move on, I
would like a roll call vote. I am entitled to it as a member of the
board and I would like a roll call vote. |
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2:11:24 PM |
Harris |
You certainly are.
To Ms. Lenderman, would you call the roll for...
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2:11:32 PM |
Waters (roll call) |
Mr. Paul McClintock -
Aye
Ms. Teri Simpson -
Aye
Hon. Calvin Harris -
Aye
Ms. Martha Lenderman
- Aye
Mr. David Plyer - Nay
Rev. Bruce Wright -
Nay
Mr. Greg Pound - Nay
Mr. Norm Roche - Nay
Mr. Vance Arnett -
Aye
Hon. Raymond Gross -
Aye
Lt. Barbara Taylor -
Aye
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2:12:31 PM |
Harris |
So the ayes have it;
motion passes 7 to 4 in favor. Now, we'll have the Pinellas Council
Report from Mr. Plyer.
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[Pinellas
Council report] |
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2:12:32 PM |
Plyer |
Susan Biszewski-Eber
resigned from the Circuit 6 Juvenile Justice Board. She emailed her
letter of resignation to council chair Dave Plyer on July 30, 2007. Ms.
Biszewski-Eber, Director of Middle School Programs YMCA of Greater St.
Petersburg was appointed to the board by the Pinellas County Juvenile
Justice Council on October 26, 2006. The Council, at its next meeting,
is scheduled to appoint a new member to the Circuit 6 Juvenile Justice
Board to fill this vacancy. In addition, the Council is also scheduled
to elect its officers for the coming year. The Council has not yet
received a written apology from Circuit 6 Juvenile Justice Board Chair,
Calvin Harris, for his despicable behavior towards the Council. The
next meeting of the Pinellas County Juvenile Justice Council is
Thursday, September 27, 2007, at the Seminole Community Library. For
more information about the Council, visit its website at PinellasJJC.org.
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2:13:56 PM |
Harris |
Any questions?
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2:14:00 PM |
Roche |
I was inquiring
earlier about Mr. Waller and his involvement or lack of presence at the
board, and what I was recommending was that if indeed we have one
resignation, a vacancy, and Mr. Waller is unable to participate in this
board, that that be counted as two and then, pursuant to the discussions
earlier about representation, that perhaps we seek two from the Pinellas
side, representation of labor and representation of a provider, to fill
those two spots which might down the road lend itself to not even
needing to expand the board if we can get the appropriate representation
that we're seeking on that board. So that would be my input and perhaps
recommendation. I don't know if it's a recommendation or what have you
perhaps filling those two spots with what we’re seeking to get that
balance might help towards in that way.
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2:15:09 PM |
Plyer |
The Council is in
contact with Mr. Waller to see what his intentions are. He does not
report to the Council. He has no affiliation with the Council. The
Council simply appointed him to the board in the hopes that he would
bring a new pair of eyes, ears and mouth to the board. He has not
attended and so we are exploring what his plans are.
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2:15:41 PM |
Roche |
Would he have to be
removed by virtue of by-laws by the board in order for that vacancy to
happen or is it something that you would, or in other words is it
something that we would in other words is there protocol...
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2:15:52 PM |
Harris |
Yes, there is; in the
by-laws. And since he has never attended a meeting and he in essence is
not a member because he would be removed for never attending and... |
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2:16:11 PM |
Lenderman |
I can remember...was
it consecutive? I think it was consecutive…
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2:16:18 PM |
Harris |
And not only has he
never attended but he has never in any way indicated that he couldn't
come but that he had an interest in attending so for all practical
purposes that is a vacancy and Ms. Eber did resign but the resignation,
I mean she has never attended so...
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2:16:44 PM |
Corry |
Shouts from the
audience, She has too attended.
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2:16:45 PM |
Roche |
So that would make
two vacancies existing right now?
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2:16:49 PM |
Harris |
Yes, for the Pinellas
Council.
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2:16:50 PM |
Plyer |
No, not at the
moment. We have one vacancy. The board has the option, at this meeting
I would suspect, to remove Mr. Waller as a board member for lack of
attendance.
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2:17:05 PM |
Roche |
But is it your
assertion that perhaps out of just common courtesy we're waiting to hear
from him?
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2:17:23 PM |
Plyer |
Well, he has been
asked for his opinion, I'm deferring to my...to Wright, have you talked
to him?
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Wright |
No, I have not heard.
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Plyer |
We have not had
contact with him.
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[Harris
interprets bylaws concerning membership] |
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2:17:26 PM |
Harris |
But he is a Pinellas
member so we are not, maybe if we spent some of our time instead of
waiting for apologies that are not coming, we could find members and
find out why they are not there, but we are not going to remove them.
We will let them determine whether or not it's important for their
members to come to the meeting. We are not going to do that. But, even
if, the members that we are talking about adding are not according to
the by-laws they don't come under the Pasco or the Pinellas. They are
elected members and so we can add those. The by-laws say that. We
can't just be selective in our reading of the by-laws. You’ve either
got to accept them or you don't. You can't, because the same people now
who are saying "Well, Tallahassee ought to say that" used to come to
these meetings and say "Well, we're independent. We don't need them to
say whether we can do these things, but whether, regardless of that, the
by-laws say we can add up to three members from underrepresented areas
and they one member from labor and so that is our intention, and so we
have one of those members, we have one of those members here today and
you will have the opportunity to vote on that.
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[Motion
to remove Waller for non-attendance |
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2:18:47 PM |
Pound |
I would like to make
a motion that we remove Waller for nonattendance.
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2:18:53 PM |
Roche |
I would second that.
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2:19:00 PM |
Harris |
Is there any
discussion? Now, Mr. Plyer, you said that you are still trying to
communicate with him, right? |
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2:19:07 PM |
Plyer |
That is correct and
we have not received any response. He understands the situation, but it
is the board's prerogative to remove him for that. That is a decision
that the board as a whole can take, I believe, according to the by-laws.
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2:19:09 PM |
Harris |
Yes... The board, we
are not in any hurry to do that. If you want more time to communicate
with him, then maybe Mr. Pound will withdraw his motion.
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2:19:41 PM |
Plyer |
Thank you. We'll
give him one more chance and I will convey to him that the board is now
considering…
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2:19:48 PM |
Pound |
David, I really think
he should be withdrawn, I mean he hasn’t been here… |
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2:19:59 PM |
Plyer |
Okay. I'll take that
back. It is Mr. Pound's motion.
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2:19:59 PM |
Roche |
Call the question.
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2:20:05 PM |
Harris |
All right, we have a
motion to remove Mr. Waller and let us do a roll call again on that
motion.
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Waters |
Vance Arnett - aye
Judge Gross - nay
Lt. Barbara Taylor -
nay
Ms. Teri Simpson -
nay
Hon. Calvin Harris -
nay
Ms. Martha Lenderman
- nay
Mr. David Plyer -
nay
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McClintock |
Would you restate the
motion please?
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Harris |
The motion is to
remove and I think what everybody is saying is they would like to give
the council the opportunity to communicate with him.
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Roche |
If I withdraw the
second, will that…
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Harris |
Well, we’ll just vote
on it. We’ve already started it now so we’ve got to complete it.
Okay. Mr. Plyer, she was at you?
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Waters |
Dave Plyer repeats –
nay
Rev. Bruce Wright -
nay
Mr. Pound - yea
Mr. Norm Roche - nay
Mr. McClintock – nay
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2:20:39 PM |
Harris |
So the nay's have
it. Mr. Waller will not be removed by action of the board and the
Pinellas Council will now have the opportunity to communicate with him
and find out what his intentions are.
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2:22:07 PM |
Lenderman |
If they appoint
someone in the interim they could take that seat as of the next meeting,
is that correct?
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2:22:17 PM |
Harris |
Yes. Is there
anything else from the Pinellas Council?
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2:22:22 PM |
Plyer |
That's all the
council has to report.
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[Pasco
Council report] |
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2:22:23 PM |
Harris |
Mr. McClintock, are
you giving the Pasco report today?
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2:22:27 PM |
McClintock |
As unprepared as I
am, I'll make an effort. We did have the meeting on the specified date
which I don't have in front of me. It was about two weeks ago on a
Thursday, but we did not have a quorum so we couldn't decide or meet or
vote or anything and in any case we decided as a group that we would
make an effort to have better attendance. That happened also to be the
first Thursday of school and most of our, a lot of our council members
are school board members or working for the school board. That
completes Pasco County.
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2:23:12 PM |
Harris |
Okay, are there any
questions for Pasco County? Okay, Mr. Niermann.
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[DJJ
report - The Blueprint Commission] |
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2:23:22 PM |
Niermann |
I think I want to
take our time at least the DJJ probation community time, to talk a
little bit this afternoon about the Blueprint Commission. I think a
number of you may have heard about or gotten some information on it. I
have a couple of handouts here for us. We're pretty fortunate in the
Circuit that we actually have two members from Pinellas County on it.
I'm going to pass out the make up also. But, the bottom line with the
Blueprint Commission is that they're holding a series of basically six
hearings throughout the state, and they've already started. The first
one was in Fort Lauderdale and the next one coming up is going to be in
Jacksonville on September 25th and 26th. We're going to have one in
Tampa, Hillsborough County, on October 29th and 30th. Each of the
Commission hearings, or meetings, I don't think they're really hearings,
well maybe they are hearings, but anyway the bottom line is that they
are going to have a focus and a topic which is part of the handouts that
I sent to you and then they're also going to take public commentary.
And they're tweaking them each time they have them. The one in Fort
Lauderdale started around noon time, they went through the expert to
talk about the topic and they started taking public commentary around
3:00 or 4:00 p.m. and it went on I believe until 8:00 at night. They
are time-limited so everyone can have a voice in it. I would encourage
everyone and anyone that's interested to try to make a point to attend.
I'm going to pass out the make up of the commission. We have from our
Circuit which is Pinellas Pasco County, Judge Irene Sullivan is a
sitting member and also the Director of Human Rights for the County,
which is Mr. Leon Russell, so we have some folks. If you can't make the
hearings you can certainly try to put a phone call in to our two
representatives and they're only two of 25. They have a real varied
assortment of people on the commission. There is a meeting in early
October in Orlando and then the one closest to us is at the end so if
you have an opportunity I strongly urge you all to go. You know, we
have various different opinions even in the room here today about how
well the system does or does not work and so this will be a golden
opportunity. Right on the heals as we know in early October the
Legislature meets again for a special session to reduce I believe the
minimum of $1.1 or $1.4 billion from the state budget so again, there is
some early indication that unfortunately DJJ is going to take a chunk of
the hits again which is projected to be $39 million and there's some
various...it's in there and we took a significant reduction in 2001
which resulted in the position we lost state-wide around 650 positions
along with a number of contracted dollars back then and unfortunately it
looks like we're going to take a good chunk this time again. It's
extremely difficult to maintain whatever level of services we have,
whatever opinion you have of us, when they keep reducing funding. The
Senate I believe was looking at an across-the-board reduction of a
certain percentages and the House of Representatives was looking at what
they call targeted so some departments or agencies could take a greater
share. Right now, according to the St. Pete Times, and I'm not sure
where they got their facts but the last article they reported on was
that higher education, the State Universities and Community Colleges,
and DJJ is kind of like at the top of that ladder of reductions. So,
again I think this would be an opportunity to come and give some input.
State employees like myself and a couple of others in the room, we don't
have the ability to lobby. We're not lobbying, we're just saying please
come and give some input. Along with the budget, they're also talking
about some of our practices and procedures and the ways we do business.
If there are some things that don't make sense to you, please come and
give the commission your opinion. These only come along every once in a
while. When we formed our department in 1994, we had a similar process,
a lot of input from the community and stakeholders, and this I think is
going to be the second great opportunity that we have. Secretary
McNeil's committed to hearing ideas. There's a number of statutes on
the books right now that we have no funding for, we really can't
enforce. Judge Gross deals each and every day with a myth called home
detention. If a youth does not have a probation officer, there really
is no home detention but it's a legal status in the statutes. So, it's
frustrating to everyone around. It's frustrating to the parents, it's
frustrating to the Courts, it's frustrating to DJJ and the kids, you
know, don't really have anyone looking after them closely. So, it's
really not a good message for them, too. So, please take this
opportunity. We have some notice here. It's the end of October so we
got some time yet. So, if your schedule would permit it, I encourage
you to become involved.
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2:28:55 PM |
Wright |
How was the Blueprint
Commission determined who'd be on it and I'm curious, I did see a youth
representative which is great but I didn't see a parent on there,
though. But maybe I'm not reading it right.
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2:29:06 PM |
Niermann |
Bruce, every Circuit
provided some input as to who we've got that would be good for it and
then the final decision was a headquarters decision; I can't tell you
the exact personnel who made final decision but there was, you know,
people could nominate themselves, there were some I believe that the
rosters of all the councils and boards were sent up and so on and so
forth. I don't know how the exact how the final decision was made.
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2:29:26 PM |
Wright |
Thank you.
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2:29:36 PM |
Lenderman |
I was just actually
going to go back and ask about the budget cuts. I’ve heard, now this
is only anecdotally, the bad news is DJJ is getting cut much more deeply
as a result of sparing certain other programs, but within DJJ my
understanding, again good news and bad news, is that the
prevention/early intervention programs have been dealt much more gently
on it in terms of the CINS/FINS, that sort of a thing. I mean, that's
good news. I'm just sorry it's been at the expense of other essential
services, too. Can you give us any more information on how you think
that's going to fall out given what we know today?
|
|
2:30:22 PM |
Niermann |
What I will do is so
I can talk with authority because I didn't bring them all along with me
this afternoon is I will email that over to Lavetta and she can send it;
out to the board members each area, I know from just what I can recall,
and sometimes when you recall from memory it's not always perfect, but
they were talking about as far as staffing reductions, the bulk of those
staffing reductions are coming in the detention branch where they're
talking about the closing of two detention centers, one is in Key West
and one is in St. John's County which is between Jacksonville and
Daytona Beach. That comes out to the equivalent of about 72 positions.
In a number of the other areas there's been a number of dollars targeted
towards the contract side. I know for instance, we got a huge
initiative in community intervention the last couple of years called the
Redirection Program and what it does is provide in-home counseling for
folks that where they're having some family difficulties and that was
supposed to expand this year by $6 million. $3 million has been cut out
of it. But, one of Secretary McNeil's priorities is prevention and so
while I believe that there are some, to come up with $39 million, it's
not real easy to do so all areas are impacted; there is some softening
on the upfront that I do believe that, I'm not sure if CINS/FINS
(Children in need of services/Families in need of services) was totally
spared but their budget reduction was reduced and they also talked about
some PACE (Practical, Academic Cultural Education) programs and of
course that stuff programs we have statewide that deal with girls only
so we're trying to find some programs that will deal specifically gender
so I will, and again, the document that we have is only as good as the
day it was printed because things change like hourly but I can get you
the information probably at least a week or so old. |
|
2:32:19 PM |
McClintock |
Some of you’ve heard
me mention this before, if they cut back far enough…I don’t know if the
state realizes that, remembers that we’re the tipping point and if they
cut back far enough they’re going to lose the possibility of federal
backing funds, funds that they have us match from the Feds. If they’re
not assessing so many funds to it, then we’ll lose the funds, too. That
would be a killer. Also, are they aware that places like and I’ll use
as an example, San Antonio Boys Village. It’s still operating on
funding that they appropriated on 1984. That’s horrible. They’ve
increased the number of boys that they have to take care of there. I
mean, I know you know. And what do they do? They have to cut back on a
daily, weekly, monthly, annually basis but now, we’re going to cut them
back some more. We’re going to reach the tipping point where they going
to say we just cant do it any more. And we’re going to lose them. And
we’re going to lost PACE if we keep messing with that. These are
successful programs. If it ain’t broke, don’t fix it. I know it’s not
your fault.
|
|
2:33:26 PM |
Niermann |
And statewide, you
know, unfortunately the economy is slowed pretty significantly. I know
if anyone in here is trying to move some real estate you’ll find the
impact on that and the money is just not being generated so
unfortunately it’s…and again if we don’t have an impact with the youth
in the juvenile system, they’re going to corrects. Now, corrections has
been, you know, they’re affected to. Corrections actually has where
they are proposing to eliminate 172 adult probation officers statewide.
Now, you k now, that’s a pretty significant blow, too, so it’s a
situation is I don’t think any agency or department is going to come out
unscathed as well with, you know, the counties and the cities. In the
past six weeks or two months we’ve been just reading about reductions,
reductions, reductions.
|
|
2:34:23 PM |
McClintock |
And also it was my
understanding that the possibility of when they cut back on the CINS/FINS
that they’re going to take that fund and put it into some real tough
areas. Like, I will use as an example only, South St. Pete, Liberty
City of Miami and those areas which we can probably save six or eight or
a hundred kids, but if we take it away from CINS/FINS, they we may be
losing 850 or 8,500, I have no idea what the numbers would be, but it’s
well spent, needed money, but it’s being taken from Peter to, robbing
Peter to pay Paul
|
|
2:35:00 PM |
Niermann |
I have not seen the
most recent, cause I knew that CINS/FINS was going to be impacted very
significantly like you mentioned, Paul, and it’s my recent information
that it’s been revised and they’ve been spared quite a bit. And you’re
right, if you don’t, the earlier you intervene with the youth, the more
successful the youth is going to be. If you wait ‘til they get into
multiple offenses, get in our commitment programs and stuff like that,
there’s the likelihood of being able to have them totally squared away
lessens. So, we’re on guard. I’m not going to take up the rest of the
board meeting with the woes of DJJ, but we’re definitely on guard. We
have, we’re very fortunate in this Circuit in it’s public record but we
have two detention centers, we have two PACE Programs, one in Pasco, one
in Pinellas and a detention center in Pinellas and Pasco. We’re pretty
well off in the Circuit and that’s a direct result of all the hard work
of everybody here. And all the advocating and lobbying throughout the
years. So, you know, I’ve not heard where we are going to be closing
anything in the Circuit, so that’s a good thing. But we have to also be
sensitive to areas, for instance, Key West detention. It’s only ten
beds and you say well why do you need it? Well, it’s an eight-hour
drive from Key West to Miami. So when a youth is detained, they’re put,
well they used to be put in a little room down on the first floor of the
jail or whatever. They’re put in a van the next day and driven eight
hours to the Miami detention center. So now you know there’s a proposal
to close that down. Will they survive? Yes, they will. But the
logistics involved…Now they’re threatening gas is going to go over $3.00
a gallon and just transporting, just the issues of transporting. O
there’s a lot of detriments there and I k Know Mr. Uliasz is here with
us today from Pinellas detention. I don’t know, Jim, if you have any
other updates from the detention world or as far as you know any
thoughts that anyone has put out there…
|
|
2:37:20 PM |
Uliasz |
From audience:
Nothing other than we’re waiting to see how the special session turns
out and the effect…(inaudible)…in our area…(inaudible).
|
|
2:37:34 PM |
Taylor |
One thing that should
be noted that I don’t know if you are experiencing here in Pinellas but
as far as Pasco goes, our statistics indicate that more children are not
scoring for the home detention, they’re scoring to the JDC so we
definitely need some money and facilities available for those children.
|
|
2:37:57 PM |
Niermann |
And prior to
adjudication, all the citizens of Pinellas County pay for detention
stays, all the citizens of Pasco County, every county in the state
except for the real, real small counties where they just can’t afford it
and then the State helps them out, but you’re a county the size of
Pinellas or Pasco, all the citizens are paying for every kid’s stay up
until the point of adjudication. After adjudication if they’re detained
and the State takes over.
|
|
2:38:28 PM |
Plyer |
Are there any plans
that you’re aware of of the Blueprint Commission asking for input from
the boards and councils?
|
|
2:38:40 PM |
Niermann |
I have t look this
over.
|
|
2:38:45 PM |
Lenderman |
I’ve never worried
about us waiting to be invited to make input. I think we can make input
any way we darn well please whether it’s in writing or verbally at those
meetings and I hope we would.
|
|
2:38:58 PM |
Plyer |
I’m just curious that
here is a source of information and I was curious that the board may not
have or that the Blueprint Commission hasn’t tapped. Were you aware
that the budget for travel and expenses for the Blueprint Commission and
for its staff is $400,000? In a time of budget cuts and…
|
|
2:39:28 PM |
Niermann |
It’s my understanding
that they received a grant to be able to fund that and I don’t, just
glancing at that, I don’t see a topic that’s totally dedicated to boards
and councils, but again, there’s a chunk of time at every meeting that
they’re having for public input and I think that probably would be a
good venue to pass along your thoughts.
|
|
2:39:57 PM |
Pound |
Excuse me, can I ask
a…Dave, did you say $400,000?
|
|
2:39:59 PM |
Plyer |
Yeah, um hum, yeah…
|
|
[Grant
recipients have not been paid] |
|
2:40:04 PM |
Simpson |
This is probably a
time for me to tell you that those providers who received a grand from
you, from this council, in July have not been paid. Although we hired
the personnel, we’re serving the children, but none of the grants, we
have five grants with the Department of Juvenile Justice, two are
through OJJDP but administered through the State level and since that’s
about $35,000 a month for our five grants, two of them in Pasco, two in
Hillsboro and one in Polk and it’s getting to be to the point where
meeting payroll is very difficult for us as a large agency so I can
imagine how it is for smaller agencies how they’re feeling that. I do
know that Alvin Martinez the chair of the Hillsboro has taken it upon
himself to be their voice.
|
|
2:41:10 PM |
From Audience
Unidentified |
Unfortunately we are
aware of the situation as far as paying the providers. As far as what
happened is that normally we would have the agreement signed by the
grantor by July 31. Unfortunately, that didn’t happen. A lot of the
agreements they came in late. The Secretary didn’t get a chance to sign
off on them until the end of July or possibly August. Therefore you
start looking at the contract. Technically we’re not supposed to pay
until your agreement has been has been. What we’re basically trying to
do is accept so then that way we will be able to go ahead and pay
everybody. So you are going to get paid. Unfortunately, it has been a
delay. And one of the things I will mention to our office is to go
ahead and send letters out to the providers basically explaining what
happened so that you can anticipate when you will actually be paid for
the months of July and August.
|
|
2:42:13 PM |
Simpson |
And it will be
retroactive? This is the first time in the history of our agency that
we had to take out a line of credit in order to meet payroll. It’s not
only DJJ which accounts for $35,000, but also we have a very large
Department of Education grant that provides for mentoring in schools
which is also $32,000 a month of revenue that we are not receiving so
just a very big hit and I just think of the small agencies.
|
|
2:42:49 PM |
Lenderman |
Just a little
peripheral to this, Mr. Chairman, but besides the Blueprint Commission
on which we have two members, there’s also the Children’s Cabinet that
was enacted by the last legislature and Gay Lancaster, the Executive
Director of the Juvenile Welfare Board of Pinellas has been appointed
representing all of the children’s councils by the state and given that
the Juvenile Welfare Board’s priorities include having kids ready for
school and keeping them in school as well as safety net programs, it may
be very helpful to get any of our priorities through them as well, maybe
hitting it in both directions. I know the Secretary of DJJ is also a
member as is the DCF Secretary, so I would like to make sure that our
input at least is made known to Gay and I think to the Children’s
Cabinet as well.
|
|
[Old business] |
|
[Discussion:
Amend by-laws to remove officer term limits] |
|
2:43:54 PM |
Harris |
Any other comments?
Okay, on old business we have two items. First is Mr. McClintock, you
had an item on the by-Lays that you wanted to bring forward at this time
|
|
2:44:06 PM |
McClintock |
Yes, I would like to
bring that forward but I don’t know what the results from department
were...
|
|
2:44:16 PM |
Harris |
Well, we can...the
bylaws are ours; and so if we want…if they are amended and we would do
that through two meetings and they we would send the amended bylaws to
them.
|
|
2:44:29 PM |
McClintock |
I would move to amend
them as I proposed at the last meeting.
|
|
2:44:31 PM |
Lenderman |
Remind us again.
|
|
2:44:44 PM |
Harris |
Would you read that?
You’ve got your copy there? A copy of the by-laws?
|
|
2:44:45 PM |
McClintock |
No I don’t
|
|
2:44:45 PM |
Lenderman |
I have a copy here.
I just can’t remember the exact wording that we talked about.
|
|
2:44:54 PM |
Harris |
We were talking about
under officers, in the by-laws there were term limits for officers and
that the officers could only serve two terms and Mr. McClintock was
recommending that there be, because the membership, there are no term
limits for members but there were term limits for officers and he was
recommending that the term limits for officers be removed.
|
|
2:45:27 PM |
McClintock |
That is my
recommendation.
|
|
2:45:27 PM |
Harris |
All right.
Discussion? Mr. Plyer.
|
|
2:45:28 PM |
Plyer |
Before we get much
further with it, article seven of bylaws...amendment to the bylaws shall
be made at the discretion of DJJ with sufficient notice for boards to
review and adopt the revision. Somehow thirty seconds at this meeting
is not sufficient time to even come up with the words for the motion let
alone do it. Now you smile and...
|
|
2:46:02 PM |
Harris |
Yes, because you
don’t even listen; you already have your positions stated and you don’t
even listen to hat's being said. Now, what did I say? I said that he
was going, that we wd do this over a two-meting period. That he was
going to state what his suggestions were. We were going to submit those
and then bring them back to the next meeting. That was what I said.
|
|
2:46:27 PM |
Plyer |
That was what you
said at the last meeting. You said exactly the same thing.
|
|
2:46:28 PM |
Harris |
But we didn't do them
at the last meeting, did we?
|
|
2:46:31 PM |
Plyer |
No, between the last
meeting and this meeting you were going to go to DJJ with the words and
come back with recommendation. So we're going to postpone this again.
|
|
2:46:43 PM |
McClintock |
I believe that
recommendation was going to be for the four additional board members but
for this one because it’s one of our by-laws, we made the determination,
we gave the due notice at the last meeting, and I believe we’re
qualified to take a vote on it today
|
|
2:46:44 PM |
Plyer |
I've never seen the
words tot he motion.
|
|
2:46:46 PM |
McClintock |
The words to the
motion are we remove the term limits for...
|
|
2:46:47 PM |
Plyer |
With sufficient, with
sufficient... oh thank you very much...show me the amendment...
|
|
2:47:13 PM |
Corry |
Shouting from the
audience: Show me the amendment, show the amendment, the way uncorrupt
people do it…
|
|
2:47:16 PM |
Plyer |
And anybody here who
would like to read them and understand the language ought to have the
opportunity to see it before they sign off on something that they
haven’t read.
|
|
2:47:31 PM |
Corry |
Shouting from the
audience: Like the Jim Smith land deal.
|
|
2:47:33 PM |
Harris |
The suggestion, what
he is suggesting is that under article two, section a general, where it
says it lists who officers shall be and then it says officers shall
serve a two-year term not to exceed two consecutive terms effective July
1 of each year and what he is asking is that you consider that we remove
the limits on that, that a term would be for two years but that there
would not be any limits on that. That was what…now this is your time to
discuss it…whether or not we need to try to move forward with that. And
I’m taking that that you don’t like that so tell us why.
|
|
2:48:24 PM |
Plyer |
Well, again, it would
be reasonable to have the language of the motion presented to the
members with sufficient notice that they can review it and come prepared
with thought out comments.
|
|
2:48:44 PM |
Harris |
Now he was not making
that in the form of a motion. This was the time to discuss that and
then anybody who…
|
|
2:48:45 PM |
Corry |
Shouting from the
audience: He just made a motion. You're not listening...
|
|
2:48:53 PM |
McClintock |
My motion is without
a second yet, so…
|
|
2:48:58 PM |
Plyer |
So, there is no
motion on the table. We are just discussing. So I guess that makes a
difference. Now my reason would be why do we need these extra people?
|
|
2:49:15 PM |
Harris |
We're not talking the
board increase now. We are talking about the bylaws for officers.
|
|
2:49:24 PM |
Plyer |
Okay; so we're now on
the topic of removing the term limits.
|
|
2:49:28 PM |
Harris |
That's the topic
we've always been on.
|
|
2:49:29 PM |
Plyer |
Why? What's the
urgency to remove the term limits? I don’t…term limits have been
place. Term limits are in place for our other representatives in
Congress. They seem to work just fine. And term limits here gives us an
opportunity to change horses as time goes by, gives fresh opinions, new
blood to the leadership of the organization so i would be opposed…
|
|
2:50:08 PM |
Simpson |
Well, Dave, we’d
still have that option, would we not to change them.
|
|
2:50:10 PM |
Harris |
Mr. McClintock were
you raising your hand?
|
|
2:50:19 PM |
McClintock |
No, I was not, Mr.
Chairman.
|
|
2:50:24 PM |
Harris |
Any other…Mr. Roche?
|
|
2:50:26 PM |
Roche |
I was just trying to
get clarification on why this is being done. If it has, did you say
David, this is the way it has been...
|
|
2:50:41 PM |
Plyer |
I guess it would be
more to Mr. McClintock to answer why he believes this is necessary.
|
|
2:50:49 PM |
Lenderman |
It’s my understanding
is it just gives the board a greater degree of freedom to select its
members and not be forced into a change that may not be desired. So,
again the choice is still there but it's not a mandatory change. That’s
all that that would do. That’s my understanding
... |
|
2:51:07 PM |
McClintock |
I couldn’t have said
it better. Thank you.
|
|
2:51:10 PM |
Harris |
And term limits have
not always been a part of the bylaws. They were added about four years
ago, three years ago...not always a part of that.
|
|
2:51:25 PM |
Roche |
And that addition
approved, set forth, by the board?
|
|
2:51:32 PM |
Lenderman |
I cannot remember the
circumstances on that...
|
|
2:51:33 PM |
Harris |
I cant either but,
who brought that forward...
|
|
2:51:39 PM |
Taylor |
I just wanted to make
a comment. As far as what Terry said, we do have the option after each
term to then determine if we want to keep the individuals in place.
Members of Congress and members of the Senate are elected every certain
number of years. They do not have a term limit. The only term limit is
the President, himself. So., I’m in agreement that there really doesn’t
seem to be a necessity to have a term limit in the by-laws
|
|
2:52:13 PM |
Harris |
So, what we will do
is we will give you...any other comments on this?
|
|
2:52:15 PM |
Roche |
I'm a pro term limit
guy, so from the Dogcatcher to the President. I believe in it, but i
would really like to know the history of why it became a change. Why it
was changed to term limits and if it was such a point then that you
thought term limits were needed, what has changed, what has stopped, and
that's back to the original question, why?
|
|
2:52:45 PM |
Corry |
From the audience:
Tim, give the background, how long Calvin has sat as Chair of this
board. It has exceeded the by-laws’ term limits...
|
|
2:52:52 PM |
Harris |
Actually, even though
you are not a member of the board, that is not true. |
|
2:52:57 PM |
Corry |
From the audience...:
Yes, it is. |
|
2:52:57 PM |
Roche |
I would just, my
point is just that before a vote i again, I'm a term limits person, I
would like to know what brought this board to make the change to begin
with and a equal argument, if you will, as to why it would need to
change.; I haven't seen that yet...
|
|
2:53:17 PM |
Harris |
I think that when the
first by-laws were done, in an effort to get some uniformity with the
boards certain items were put in at the behest of the State and then all
of the boards were asked to adopt those by-laws and then make any
changes that they need necessary at the local level and some of this
language that was put in was from a template from the state and the
terms limits were there and we've always had the opportunity to amend
the by-laws except we never until now had reasons to want to do certain
kinds of things and, you know, none of this has been about me. Now i
know that a lot of people want to make it about me but this is not about
me and I wish we could raise our level of discourse to talk about the
kids in Pinellas County who need service rather than coming in...i
wonder what we do in our meetings since we never talk about programs, we
never talk about kids, we never talk about how we're going to be a part
of the solution. You know the state's looking at taking all of the $1.5
billion shortfall from education, from juvenile justice, and we're
talking about nonsense. We have got to be a part of the solution
because one thing that will happen all the time is regardless of where
the budgets get cut, we will always find money to build jails and if you
build a big jail you will fill it up. We need to make sure that kids
don’t get into situations that ruin their lives just for being dumb or
being young and we spend so much time at these meetings and I'm still
waiting for the lights to come on and programs and intervention and
great ideas to come from Pinellas County that we're capable of and we
have got to do it, eventually, we've got to grow up. Reverend Wright?
|
|
2:55:39 PM |
Wright |
A couple of things.
I’ll address that in a moment but I'm not comfortable with term limits
at this point. I’d like to see writing, I’d like to see legal opinions
about it. I think that's something that we asked in the last thing that
was going to be requested from Tallahassee was legal opinions. Not
their approval, but legal opinions. And then also I’m uncomfortable
with eliminating term limits because again it can be a situation where
things are perpetuated and there’s not enough room for change or
opportunity to bring in new ideas and fresh ideas. But I don’t think
it’s appropriate to consider voting on this yet without having in front
of us the proposal, as amended and that’s my first concern, and the
other is we were supposed to have gotten some legal input from
Tallahassee, that’s what I understood. And, to address your other
concern, I don’t think there’s a person here, may be coming from wrong
sides of the issue on it as to some level, but I think for those of us
that put great emphasis on the mechanics of how meetings should be run
and how boards should conduct themselves and how councils should conduct
themselves, and how these things should operate, are not doing that to
strain out a gnat and swallow a camel. We’re doing that because we
expect the same thing of our children and our children are punished
because they don’t follow the letter of the law and what kind of an
example does it set when those in power do not follow the letter of the
law? The other think I’d like to say is there has been positive things
that has been brought forth but it's not the same old business of
bringing forward programs. We have been programming people to death.
What we need to be looking at is what we call criminal amongst
juveniles, because we have lots of things that are criminalized that
juveniles do that should never be criminalized and our particular
council brought forward suggestions in relations to school-related
arrests and have seen some, at least some positive motion on the part of
the school board in relation to that, so i wouldn’t characterize it as
we've sat here and done nothing because I don’t think the answer is
always programs, programs, programs, because there's a lot of people
that don’t belong in the system and there's a lot of abuses that have
happened in the system, so if you don’t look at those issues along with
good programs, which I agree, good programs should be brought forward
from prevention all the way up to incarceration if it becomes necessary,
but i don’t think it would be fair to characterize it that way.
|
|
2:58:35 PM |
Harris |
All right, we're not
asking you to vote on anything today. We are saying that you will get a
strike-thru version with the new language and the old language struck
through so that you can see that. And then we will vote it at our next
meeting. Mr. Arnett?
|
|
2:58:52 PM |
Arnett |
Did you need a motion
for that? |
|
2:58:57 PM |
Harris |
No, this was just
discussion before we move forward to get a feel and it looks like...
|
|
2:59:01 PM |
Arnett |
So between now and
the next meeting we will get a printed version of the revision of this.
Is that before or after it goes to DJJ?
|
|
2:59:10 PM |
Harris |
It’s before.
|
|
2:59:12 PM |
Roche |
So it doesn’t have to
go to DJJ prior?
|
|
2:59:14 PM |
Harris |
No.
|
|
2:59:15 PM |
McClintock |
Then I will withdraw
my motion.
|
|
[Discussion:
Delinquency/State-sanctioned child abuse] |
|
2:59:19 PM |
Lenderman |
I would like to ask,
if I could, that maybe at the next meeting early on so that we have that
kind of setting the stage a little bit, a discussion of some of the
issues related to delinquency. I’m not sure I want to hear about
programs, per se, of what we’re already doing but maybe more of and
understanding…this morning, for example, I think there was an excellent
piece in the St. Petersburg Times on juvenile sex offenders and
maybe having some more information about the dynamics of that, the
family perspective on it, and sort of what needs to be done. There may
be a whole range of some other kind of issues but maybe not so much
programs.
|
|
3:00:04 PM |
Harris |
That was second
article they’ve done on that topic and how families…there is nothing,
no support and nothing for them to deal with that and all of a sudden
here’s the kid in the home.
|
|
3:00:19 PM |
Lenderman |
And then you deal
with abandonment issues as well because the families are stuck not
knowing what to do. So, I just feel like that’s one area but there’s
many dozens of other ones and if at each one of our meetings we had at
least some discussion about the issues that affect our families in the
circuit, our children in the circuit, and have it right toward the front
of the agenda that it would keep us better grounded and why we’re here
as a group.
|
|
3:00:56 PM |
Harris |
Tim, are you writing
this down?
|
|
3:01:00 PM |
Niermann |
Yes, I am sir.
|
|
3:01:02 PM |
Lenderman |
And, like I say, not
necessarily that subject, but one of them. Some trends, not just data
but some real live stuff.
|
|
3:01:06 PM |
Pound |
Chairman Harris, as
you were speaking earlier about dealing with every time we meet se seem
to discuss issues that’s really not focusing on what we’re dealing with,
how we as a board are helping our youth of Pinellas County. And, as Tim
Niermann was speaking earlier, he made the statement about getting our
children, the younger you can get them the better off the children will
be. And, as a parent representing parents in Pinellas County on this
board and also, you know, I would just like to say that from what I’ve
watched in the past three years , the way I got o this board was
basically getting involved to find out over a situation that I’ve put an
article before all of you from the Tampa Bay Sun to show you
what’s happening in our juvenile courts system. Now in the past three
years I have been able to document through my getting involved and
becoming an activist and finding out what’s going on in the juvenile
court system and literally to see what’s going on is t his grab for the
money they’re making by these children being brought into the service.
I mean, I presented to the County Commissioners the cooperative
agreements between the Sheriff’s Department and the Court System called
Cooperative Agreement Contracts. I presented them, I mean it’s all
public record, to show that there’s illegal contracts just to take
children into custody. Now, when these children are taken in and
they’re physically abused, raped, and the list goes on and on just with
my own kids in the past three years to see that you know the situation.
Me and my wife, we don’t smoke, drink, do drugs and we see our kids for
two hours a month and that’s for the best interest of these kids and
these kids are going to grow up to be law abiding citizens? And, so
what…I actually have some documentation of people from the courthouse
who were going to testify of the abuse system that we have here but for
some reason I couldn’t get the voice to work. I got their faces and
them talking but I’m not even getting them to speak so somehow when I
was downloading it I had a problem so maybe at the next meeting but what
I’m just seeing is that it doesn’t matter what we do here for as far as
it goes in legislating and trying to get all this stuff done. I’m just
saying we have to see the judgment we’re bringing upon ourselves in
Pinellas County and as a people and there’s things in the scriptures
that says when we know the right thing to do and we don’t do it, it says
there’s a cause to that, cause and effect, a reaping and a sowing but
when you go head and you look and see what’s going on in the juvenile
court system and everything is sealed under record, nobody has access to
these records, and these children are being abused at the youngest age.
I mean, I had a man call me this past week his daughter at two and a
half years old was taken from them under false allegations then she’s
raped, at two and a half years old. See, and this is all documented,
this is…Delores Wilson at the Blue Ribbon Committee from the Department
of Children and Family over in Tampa with Bob Butterworth and the rest
of them, I sent Delores Wilson over to Rhonda Storms office and when she
brought out an eleven-year-old girl who came from another foster home
where she had rope burns tied on she had a heart attack over at her
house at eleven years old and this is in Tampa. Now, when I put on the
website FreeOurKids.com and you see how a nine-year old boy now has a
police record because he was taken from his mother, put in a house for
three years where this boy was literally tormented and he was breaking
in to peoples’ homes while other kids were at school he was out breaking
in to peoples’ houses at the age of nine years old and that’s on the
website FreeOurKids.com. He gives the names of the people in the system
that he told about this for three years and nothing’s been done. And so
what happens is I have to ask the question why is there not a response
and because when I start to look and see the money that’s being brought
into I mean there has to become a limit , I mean, it’s amazing how
people just want more, and more, and more. It’s like you know it gets
to the place talking about sexual offenders, I mean, the people that
I’ve talked to who are who have problems of sexual perversion of
children and I asked them, I said what in the world, why in the world
would you ever think about having sex with a child. And, do you know
what they’ve told me? They’ve told me it feels better. I said, excuse
me, it feels better? How can it feel better? They said it’s tighter.
Now, can you imagine I get that same response from the homosexual
community and these pedophiles tell me it’s based on how it makes them
feel.
|
|
3:06:02 PM |
Lenderman |
The discussion that
we had earlier had to do with children who were abusing other children
of their own age…
|
|
3:06:11 PM |
Pound |
But most of these
children are children that have been abused. They are the produce of
abuse and so they are abusing others and that’s what you’re saying. Se,
we’re perpetuating the problem because we’re not stopping it at this one
level they you’re moving it up and what happens is we got to get it at
the root of the problem, not the surface problem and these little kids,
when you take these little children and you see what’s going on at the
lower level here, at the I mean we’ve got the three most important
people here in our county that can deal with this whole issue. We’ve
got Jim Coats, we’ve got the ruling judge in the juvenile court system,
and we’ve got the State Attorney’s Office and this can all come to a
stop but when I see when I talk to these parents and I hear false
allegations being made and just my own experience we’re not able to
present evidence in the court, we’re not able to bring witnesses, we’re
not able to get the facts out…we hired Allweiss, Allen Allweiss, who’s a
well-known attorney here in Pinellas County, and he’s not even able to
present evidence at the arraignment of, um, when he came he said we
don’t even know why we’re here. As he looked at the record he said why
are we here, but now they’ve had our kids for three years. We see ‘em
two hours a month and these children have been through every program at
seven years old they been through every program. None of my kids had
any cavities when they took ‘em. Now my son’s got six cavities. Now my
kids have lice in their hair, ringworm on their face. I had a lady tell
me in the court house just a week ago her three daughters were taken
from her because one of her kids went to school and had lice in here
hair so they took her kids. Even though it’s like and when you see the
situation, I mean, but, I mean, a lot of this stuff can be prevented, a
lot of it, but the problem is is we need customers and what happens
we’re bringing in customers, but it’s going to bring a judgment upon us
I mean the leaders, I mean when you look in the scripture when it says
to the men, the Lord God says to the men if you look at the last two
verses in the Book of the Old Testament, the Book of Malachi, He said
that He will bring a curse on them for not defending the children, for
not defending the children, He says he will bring a curse on the men,
us, the men. I mean you see the problems that we’ve got, I mean, it’s
just, I mean it’s Pinellas County is in trouble as far as it goes as
what’s happening in our juvenile court system. And so, a lot of us who
are here are activists who have experienced, we’ve come to those in
authority. Our job is to build you guys up your, I mean, we’ve elected
you, you’ve been elected, you’re here to represent the people and to
defend what’s right and so what happens is that sometimes, and I’ve just
been since I’ve been on here there’s a lot of struggling going on here
over stuff that doesn’t to me it’s like um it’s I mean we’re missing the
point, I really believe it, I believe that the situation of what we got
going on with our kids, see it says He that formed the eye shall He not
see? He that created the ear, shall He not hear? He that teaches men
knowledge, shall he not know? See He knows what we’re doing and that’s
why we can’t get away with it and in Isaiah He says He has a surprise
for the wicked. And that surprise comes at a time when you don’t even
expect it. He has a surprise for people who do evil, who refuse to do
what’s right. I mean no matter whether it’s for money and when we go
ahead and we protect those who do wrong, there’s supposed to be
accountability even though they’re in the same office. I mean, covering
for one another what happens is we perpetuate the crime and then
everybody becomes, the whole system becomes corrupt, I mean we’re not
able to get justice, we’re not able to find out the truth, everything is
just, everybody is just fighting among themselves and so what happens as
a board we’re here to defend the youth. I mean, I mean, I mean, true
religions defend the poor, the fatherless and the widows. Not to take
advantage of them. Not to use them for money. But that’s what we’re
here for. And I’m just telling you if you get a chance just read this
article. I mean I still the questions aren’t going away.
|
|
3:10:10 PM |
Harris |
Thank you, Mr.
Pound. And when you came to our County Commission Meeting the last
time, I read the article. And, you know, the Commission is not the
venue for that but if what you’ve intimated to the reporters and that
sometimes, well it’s a newspaper so that’s all I’ll say about that, but
the way the system works, you see, I think if you were working through
the system to try to answer those questions the way the system works,
the answers are supposed to help you because we don’t make any money off
of anybody’s kids being taken. In fact, every time the State does its
budget, you know, they send us things that we have to pay for and we
would rather be putting our money into other items and some of the
things that we have to pay for we have no control over that but it’s
not…nobody’s making money off of that.
|
|
3:11:18 PM |
Pound |
Well Chairman Harris,
let me ask you this. The man who is court ordered to do evaluations for
the juvenile court system, I asked him when he was subpoenaed in Court,
I asked him how many evaluations have you done in the first three months
and he said over 100 evaluations. I said how much does this court pay
you per evaluation? He said $500.00 per evaluation. Now, what happens
is that, and this is I the juvenile court and it’s ‘um, what happens is
there is people that are laundering and making money. If you look at
these cooperative agreements which are supposed to be a separation
between the two branches of government, your Sheriff’s Department and
your court system, and this isn’t happening when you have contracts
that’s a violation of the oath that you have taken to defend the rights
of the people. There is money being made. There is a conflict of
interest. If there’s not money being made through all these programs, I
mean it’s a list of ‘em and I would just have to say for record say
listen I’ve been in this for three years and I’ve watched how much
money’s been made and it’s criminal. It’s highway robbery is what it is
on the families…
|
|
3:12:18 PM |
Harris |
If you look at the
system and if you look at for instance when the Sheriff got involved in
the child protection, that was not a part of his responsibilities. The
State asked him to assume that responsibility. Now, the contracts that
you are talking about were contracts that were written to pay for those
services which are above and beyond the duties of the Sheriff. When the
Sheriff became the office in charge of the child protection then they
came up with a budget for how much it would cost to perform these
services. And that’s what the contract that you’re reading…it’s not
like they’re just making all of this money. They have to, you’re
talking about a whole different set of people that are not deputies that
have to perform duties. You’re talking about transportation for those
people. You’re talking about offices and cell phones, and computers,
and so the contracts that you are reading, that’s actually the money to
pay for those kinds of services
|
|
3:13:27 PM |
Pound |
It’s federal grand
money. The problem is is the money isn’t coming from the State, it’s
coming from the Feds, so what happens is that this money is coming in
and as they cut more of the budget, more and more children are being
kidnapped. Here is a false police report, a false police report. I’ve
given this to Jim Coats at our last, it was not our last, two meetings
past I gave him the copy of a false police report where they’ve
confiscated people’s kids and nothing’s been done about it. So what
happens is when you take a false that’s a third degree felony. So what
we’re saying is this whole board has been established for a check and
balance system in the juvenile court system. The State of Florida seen
listen, we have a problem because those who’ve been hired to do their
job, these children are being abused, they’re being beat, they’re being
raped, they’re being molested. I mean they’re being violated, the
children are. So that’s what the…
|
|
3:14:12 PM |
Lenderman |
Certain of is a
dependency system, and they there’s the delinquency system. This board
only has responsibility and authority to deal with children who are
charged with crimes and so I’m not sure…it doesn’t mean we don’t have
opinions and that we aren’t also out there acting as advocates for kids
and their families, but the primary thing has to do with when children
are charged with crimes and…
|
|
3:14:42 PM |
Pound |
What I’m saying is if
you abuse them, if you take a nine-year old boy and handcuff him to a
bed and this goes on for three years and now he’s charged with a record,
this boy now at eleven years old if you watch the website he gives the
name of those who work in the system who he told personally at the age
of nine to eleven years old what was going on and nothing was done.
Now, Tim mentioned the earlier you get them, the better off it would be,
so what happens
|
|
3:15:02 PM |
Lenderman |
We’re certainly very
fortunate here in Pinellas County at least where the Juvenile Welfare
Board has established its priorities to address prevention of abuse and
to help children be ready for school and to stay in school. This isn’t
doing educational programs, it’s doing character-building programs,
family support programs, it’s doing counseling, it’s all the kinds of
services that are needed and we’re very fortunate ‘cause we have those.
Most counties do not.
|
|
3:15:35 PM |
Pound |
Well let me tell you
this, if my kids have been to the doctors under the care of the State
over 100 times and the guardian ad litem, the State Attorneys and those
in the court system, when the judges will not, when you bring in
documentation and evidence and show your children are being physically
abused and they don’t do anything about it, then it’s obvious that
they’re not doing their job, they’re not protecting, okay, and so what
|
|
3:16:01 PM |
Harris |
Mr. Pound, I don’t
want to appear insensitive, I’ve listened to you and Ii can feel your
pain and I…I still would like for you to meet with James Dates from our
Justice Coordination Office who spends a lot of time working on these
kinds of issues so that he can help you get through the system to get
answers to your questions because unfortunately we can’t answer them and
then we only have the article and what you’re saying. We don’t have
anything to go on and we just can’t interject ourselves into what is a
court matter and a private matter. We want to be supportive of you…
|
|
3:16:51 PM |
Pound |
I’m just talking
about us as a people here representing the juvenile court system in
Pinellas County. Our Case Manager was arrested for falsifying 26 cases,
Megan Gallagher. She worked for DCF. She was a (unintelligible) agent
for the under the Sheriff’s Department, for Jim Coats. She did 26 of
these, 70 counts of grand theft, 26 counts of third degree felonies.
And she did not time. She done no time whatsoever.
|
|
3:17:13 PM |
Roche |
Well, I think, and
maybe t his helps to a solution that involves the board, Mr. Pound,
because indeed under our purposes, yes, we are collaborative with DJJ
and the legislative program improvement policy changes. So, if you, in
this experience, have come pinpointed something, perhaps from a program
improvement or policy that needs to be looked at or changed or
addressed, you can certainly put that down and bring it to a board’s
meeting and if we can look at it an dif we move to put it forward to
perhaps DJJ to look at…
|
|
3:17:50 PM |
Harris |
And you’re a member
of the Pinellas Council and God forbid they talk about something of
substance.
|
|
3:17:57 PM |
Pound |
Well then maybe we
need to get a council of people who can mediate who are not being paid
who do not have a conflict of interest because they’re working for the
government, but who will actually when there is a problem in the court
system they can go there and they have the authority and the
jurisdiction to go in and to get the documentation to find out what is
the truth here, what really happened, not covering up the lies, not
covering up because we got more customers, we got more children that we
can bring into the service and get more federal grant money for
|
|
3:18:23 PM |
McClintock |
Mr. Chairman, in the
interest of the board can we move on the agenda, please?
|
|
3:18:31 PM |
Unidentified |
From the audience:
comment on that please…
|
|
3:18:36 PM |
Harris |
Mr. Pound, you
mentioned guardian ad litem and one of the reasons the courts will
appoint a guardian is to protect the interests of the children.
|
|
3:18:50 PM |
Pound |
Well, we watched a
guardian ad litem watch our children go to the doctor over 100 times.
We watched the children literally so abused to the place where we just
cannot believe how the guardian ad litem system can be saying that
they’re watching out for the best interests of these kids. When our
kids…see our children for two hours a month, over a dog bite, over
someone else’s dog biting on of your kids, see your kids for two hours
a month…
|
|
3:19:09 PM |
Harris |
Have you met with
James Dates or anyone from his staff?
|
|
3:19:17 PM |
Lenderman |
He was actually here
earlier in our meeting but he had to leave… |
|
3:19:20 PM |
Harris |
Before you do I will
get you a phone number for him so that you can make an appointment and
you can deal with some of this and we can see if we can help you our.
All right, Reverend Wright?
|
|
3:19:31 PM |
Wright |
I understand the
point because many, many years ago they were together, DCF and the
Department of Juvenile of Justice, in fact I worked for HRS back then.
It is still nonetheless I think pertinent in that, the point I think
that Greg was bringing up is that you have children that have been
abused in the system as children before they’re ever adjudicated
delinquent who because of the abuse they faced in foster homes, become
delinquents and then, cause you were talking about early prevention,
then they end up in the system and it starts a whole vicious cycle and
I think it is important that…because I remember at least one thing was
god about when the both departments were together is there was more
interchange between the departments and more of a cooperative
understanding of the issues and how one affects the other. Now that
there’s separate departments there isn’t…because we have saw fit to look
at juvenile criminal behavior as criminal behavior and not as behavioral
which is what we did back when it was HRS.
|
|
3:20:45 PM |
Lenderman |
Some of us would
agree. We worked down the hall from one another. I headed up Mental
Health and Substance Abuse, Tim was Juvenile Justice, and in between us
was the dependency staff and there was closer communication and we
forced cooperation in terms of single mission but the Legislature chose
to separate all of these things out and then went even further to
privatize or at least outsource the child dependency, the investigation
part as well as the services and I think we’ve had a great loss as a
result of despite people trying their level best to do a good job in
each one of those areas.
|
|
3:21:31 PM |
Wright |
And that’s where the
money comes into play is where what I think Greg is talking about is
private contractors that can get away with charging this kind of money
to see a child for psychiatric issues and that’s part of what you’re
talking about and I don’t see it as unrelated because it is all
connected. What we can do as a board, I understand, is limited because
we are limited by the mission to what the state has said the Circuit
Board can do in relation to directly DJJ things, but I think early
intervention and more communication with the Department of Children and
Families is important and I also think that the Sheriff intersects both
because the detention centers are under their jurisdiction …
|
|
3:22:24 PM |
Niermann |
No, no, no, no, their
still under the State but you’re right the Sheriff, his employees,
contracts with the Department of Children and Families for the operation
of child abuse investigation. Not statewide, but just in this circuit,
Pasco Sheriff’s office does and the Pinellas Sheriff’s office does
|
|
3:22:41 PM |
Wright |
And they’re also over
delinquency issues as they relate to county…
|
|
3:22:47 PM |
Niermann |
Well, they used to
operate boot camp, but now that’s closed.
|
|
3:22:48 PM |
Lenderman |
But the Sheriff’s
Office does do the arrest of children for delinquent acts, so that’s
obviously a major reason why he is a member of this board.
|
|
[Discussion:
School problems/C6JJC Meeting schedule] |
|
3:23:00 PM |
Gross |
Mr. Chairman, if I
could have a point of privilege because I unfortunately had this
scheduled from 2:00 to 3:30 and I have to leave but I want to make a
couple of points and report a few matters to the other members of the
Commission. First of all, the only way I had this meeting on my
calendar was because we set this date at the last meting. There was not
any follow-up and we had talked about meeting in Pasco County so if we
could get notice out as well as the location including the minutes in
advance I’d appreciate it. There was a lot of discussion at the last
meeting particularly by the Pinellas Juvenile Justice Council about in
school problems and I simply want to report that this is an issue that
the Circuit Court as a body is extremely interested in and has also
worked with the School Board and there’s actually been a focus on the
“juvenile crime” that’s alleged to occur at the three emotional
behavioral disorder school centers. A meeting took place on September
14 chaired by Judge Fleming. The court’s behavioral staff, the Public
Defender, the State Attorney, Department of Juvenile Justice, the
Juvenile Diversion Program and members of the school system,
specifically principals, behavioral management school resource officers
from these three schools were all present. The purpose of the meeting
was to try and educate the school side on the issues that develop simply
by bringing children into the criminal justice system, how they’re
treated, what we are actually capable of doing and frankly are there
alternatives to doing it. The short-term goals of this collaborative
effort include increased communication between the schools, the juvenile
justice system and court personnel, as well as preparation of a
collaborative, informative presentation for the teachers at these three
schools, and the school resource officers, and the long-term goals are
to include identification of resources and services to meet the needs of
these emotionally challenged students, both in the schools and in the
juvenile justice system. This is an area where there appears to be a
uniformity of interest between this board, the council and the court
system. I just wanted to report that we are working on this because we
see some of the same things that have been reported. We’re trying to
divert these cases from the justice system and I think it’s important
that all the parties are aware that there are people out there working
on these issues. Other than that, I’d save any of my other comments
until the next meeting. Do we know the date of the next meeting?
|
|
3:26:33 PM |
Niermann |
Typically the board
meets in January, April, June and September and we really have been not,
we didn’t do a good job this year of meeting in Pasco County, so it
would be my offer to the board that at our January meeting if we could
try to get back to the point of alternating if that’s the board’s
desire. Once we meet in Pasco we would have to have someone from the
Pasco group, or anyone, really, record some minutes, ‘cause we have to
have minutes recorded at our meetings.
. |
|
3:27:13 PM |
Harris |
And that was why we
skipped the meting, Judge Gross before you go if I could get your e-mail
address on the roster so that we, because we did not have an e-mail
address for your and I guess we had called to get it and did not get it
and so you might not have gotten the notification because they all are
coming electronically rather than through the mail.
|
|
3:27:36 PM |
Lenderman |
I just want to say,
too, that we meet the third Monday of each of these and I know the third
Monday of January is Martin Luther King Birthday and we always move that
one I believe is it the fourth Monday?
|
|
3:27:52 PM |
Harris |
We’ve gone both ways
depending on the schedules of the members and so we might have to poll
you unless you want to set that before we go today also. I know a lot
of times having our calendars for that far in advance is a little
tough.
. |
|
3:28:19 PM |
Waters |
And Judge Gross, I
did contact your JA and left her two messages but I didn’t get a return
call. Is there a restriction on her calling long distance?
|
|
3:28:29 PM |
Lenderman |
Should we then get
back with you Lavetta if we have a strong preference for the second or
the fourth Monday instead and then you’ll set it based on the info from
everybody? And we’re going to assume that it’s going to be in Pasco at
this point?
|
|
3:28:44 PM |
Harris |
Well we have to you
know, the minutes, having accurate minutes has been tough for this group
and Tallahassee has said that their staff members are not the secretary
for the group and they are not supposed to take the minutes and so one
of the reasons we’ve been having it here is that the Clerk has staffed
that function for us and we’ll need to see if we can get that done in
Pasco so that we can get minutes
|
|
[Judge Gross
leaves] |
|
3:29:41 PM |
Gross |
At this time, 3:29
P.M., Judge Gross left the meeting.
|
|
[Chair
Harris re-introduces Leisner a new board member] |
|
3:29:43 PM |
Harris |
Now, when we talked
about, in the bylaws when we talked about expanding the board, one of
the elected members that we can add is from labor and one of the reasons
that we talk about people from labor, we all know that with these kids a
big part of the problem with kids going into the system is just a lack
of resources and Worknet has some of the responsibility, sometimes even
though they didn’t have it last time, money for youth employment and so
we went to the Worknet board to get a member so that we could be a part
of the collaboration, and when we’re trying to work with kids we can get
information out, we can have job training for kids and make sure that
there are other opportunities for kids that we can help them and the
Secretary for the WorkNet board is Dr. Tony Leisner…
|
|
3:29:55 PM |
Leisner |
Actually, Treasurer,
but it doesn’t pay any better.
|
|
3:29:59 |
Harris |
Okay. I’m sorry.
The Treasurer, who has agreed to serve and has volunteered to serve on
our board and so this is Dr. Leisner here now, and if you would like to
say anything, Tony…
|
|
3:30:41 PM |
Leisner |
I would indeed.
Actually, I was delighted to hear about the kind words for PACE. I am
Secretary of the PACE Board of Directors for Pinellas and I’m on the
state board for PACE also for the 18 centers and we’re well aware of the
money challenge. We’re currently raising through donations, garage
sales, 20 percent of our operating budget now an din order to pay for
mental health counseling and some of the things that just would not be
affordable. I have a…I have to tell you my wife is here because when I
told her that I was coming here she said no, it can’t be, he must have
a girlfriend. He wouldn’t go there, so I have a witness here that…
|
|
3:31:01 PM |
Harris |
And we get that a
lot.
|
|
3:31:12 PM |
Leisner |
Yeah, so at any rate
I have a long-standing interest. At Worknet we’re doing summer youth
programs, we’re now finding mentors for a couple of hundred kids that
are aging out of foster care which puts them in a very, very vulnerable
position. Suddenly, the roof is gone and so we’re providing mentors in
that which is a nice, low-cost way of personalizing some of this
preventative and I certainly appreciate being at least considered for
this I think it’s a good fit for the several organizations where I
volunteer and send money
|
|
3:32:18 PM |
Harris |
Anybody on the Board
have any questions for Dr. Leisner?
|
|
3:32:27 PM |
Lenderman |
Just curious. Doctor
of…?
|
|
3:32:32 PM |
Leisner |
I have a Ph.D. in
public policy.
|
|
3:32:39 PM |
Lenderman |
Excellent. Even that
adds more to your qualifications. I’m delighted.
|
|
[Plyer
argues that only the Councils can appoint members] |
|
3:32:44 PM |
Plyer |
I do not have a
question for Mr. Leisner. I do have a question for the Chair. Under
what authority is Mr. Leisner a member, and when I use the word member
that by definition is a voting person at this table. Mr. Leisner comes
with all the credentials of an expert consultant, a witness. If we need
his input he would be an excellent consultant, but at this time to use
the term member would be incorrect.
|
|
3:33:20 PM |
Harris |
At this time we are
going to have a roll call vote to vote on his membership on this
Council.
|
|
3:33:34 PM |
Plyer |
I'm reading to you
from the Florida Statute…
|
|
3:33:36 PM |
Harris |
And I'm reading to
you from the By-Laws. The By-Laws says when it talks about membership,
“The Board may elect to enlarge its body by three members referred to
herein and collectively as elected members to adequately reflect the
diversity of the population and community organizations or agencies in
the Circuit as set forth in Florida Statute 985.4135 and the Board may
consider the election of one member to represent each of the faith and
the business community,” and he certainly does fit that category and
that’s why he is being considered.
|
|
3:34:17 PM |
Plyer |
That talks about the
ability to enlarge the number of members at the table. Board members.
It does not address how those people become members
|
|
3:34:30 PM |
Lenderman |
It says the board
will elect.
|
|
3:34:34 PM |
Harris |
And so we're going to
have an election right now.
|
|
3:34:35 PM |
Plyer |
No, we're not.
|
|
3:34:37 PM |
Harris |
Yes, we are.
|
|
3:34:38 PM |
Pound |
Point of
information. When was a nomination, when was a committee formed to
nominate him?
|
|
3:34:42 PM |
Lenderman |
It doesn't indicate
that there needs to be one.
|
|
3:34:43 PM |
Harris |
We said, we talked
about this at the last meeting. We said we were going to do this. This
is not a surprise. And we also asked you if you had members that you
wanted to nominate you could send those forward. You know, I mean, this
I what we are talking about. We spend so much time with process and
being obstructionist, if we spent as much time on trying to help kids…
|
|
3:35:12 PM |
Pound |
Where's that at in
the minutes?
|
|
3:35:19 PM |
Lenderman |
It's in the
By-laws...
|
|
3:35:20 PM |
Pound |
No, that we discussed
this last month…
|
|
3:35:20 PM |
Harris |
We discussed this
last month...
|
|
3:35:21 PM |
Wright |
It’s in there…
|
|
3:35:22 PM |
Lenderman |
It’s on page five...
|
|
3:35:26 PM |
Pound |
Where we wanted to
submit nominations... |
|
3:35:29 PM |
Harris |
Nobody submitted any
nominations. In fact Mr. Roche said this time that he was going to
nominate somebody for the Pinellas Council in those categories, but we
talked about enlarging this Board and it’s in the By-Laws, as so that’s
a non-issue
|
|
3:35:53 PM |
Plyer |
Yes, it is an issue.
Let me read to you Article 2, Board Membership, Section A, Board
Composition, Item Number 5: “A maximum of 18 members appointed selected
by the local Juvenile Justice Council, except as provided in Subsection
829 of Florida Statutes 985” and that should be changed to 664 from
4135, “if county councils are not formed within a Circuit, the Circuit
Board may establish its membership in accordance with Subsection 10 of
Florida Statute.” There are councils. The councils elect the members.
|
|
3:36:43 PM |
Harris |
Read the next
statement, read the next one, read number 6.
|
|
3:36:47 PM |
Plyer |
“The Board may elect
to enlarge its body by three members” and that’s fine
|
|
3:36:55 PM |
Harris |
That's what we are
attempting to do now.
|
|
3:36:56 PM |
Plyer |
No what you're
attempting to do is seat Mr. Leisner as a board member, and that is not
what we’re about. This board can elect to increase its body by three
more human beings. Who those three are is at the prerogative of the…
|
|
3:37:07 PM |
Harris |
Of the board…
|
|
3:37:08 PM |
Plyer |
Of the councils.
|
|
3:37:22 PM |
Harris |
No, no, no.
|
|
3:37:41 PM |
Plyer |
The councils.
|
|
3:37:44 PM |
Harris |
No, no, no. It says
the board, it says the board, it says the board may elect to enlarge its
body.
|
|
3:37:46 PM |
Plyer |
To enlarge its body.
|
|
3:37:50 PM |
Harris |
By three members.
|
|
3:37:52 PM |
Plyer |
Then it goes back
here and says how that will be done.
|
|
3:37:53 PM |
Harris |
No, no it does not.
See, now you’re trying to make policy. Well, okay, now. We have on the
agenda we are going to have a vote. Are there any other questions? Mr.
Roche.
|
|
3:37:56 PM |
Plyer |
Comments are
unintelligible.
|
|
3:37:56 PM |
Roche |
I was going to say
just so I’m clear on what I’m hearing in the discussion is what you’re
saying is that the By-laws stipulate that the Board can take a vote to
enlarge its body.
|
|
3:38:11 PM |
Lenderman |
Its members…three
members.
|
|
3:38:13 PM |
Roche |
By three members. In
other words, we could take a vote saying do we want to enlarge our body
by three members and everybody says yes. And what you are saying, sir,
is at that point the determination as to who those membership are goes
back to the councils?
|
|
3:38:28 PM |
Plyer |
Correct.
|
|
3:38:29 PM |
All |
Shouting from the
audience; all speaking at once.
|
|
3:38:31 PM |
Harris |
That is not what it
says
|
|
3:38:34 PM |
Corry |
Shouting from the
audience: That's what the law says.
|
|
3:38:41 PM |
Lenderman |
It says three
members, not three seats.
|
|
3:38:45 PM |
Pound |
This is what I’m
talking about. I mean, we’re not dealing with the issues. I mean we’re
here arguing every time we come to these meetings and we’re not dealing
with the issues of the kids being abused.
|
|
3:38:56 PM |
Harris |
Thank you, Mr.
Pound. Okay, now you can vote, you can abstain, you can do something
but we…
|
|
3:39:05 PM |
Plyer |
I object to the
illegal action on the part of the board
.... |
|
3:39:09 PM |
Harris |
You can object, and
you can so stipulate. If you want to put that in writing, you can, but
now we are going to have a vote and it’s going to…
|
|
3:39:19 PM |
Corry |
Shouting from the
audience: This is not the county commission. More shouting. All
speaking at once. Unintelligible.
|
|
3:29:24 |
Harris |
Chair gavels meeting
back to order.
Okay…
|
|
3:39:26 PM |
Plyer |
I want to make my
point of order again. What you are about to embark on is an illegal act
according to Florida Statute and our own By-laws. The By-laws clearly
state that a maximum of 18 members appointed by the local Juvenile
Justice Councils, the maximum number of members that we can have on this
board is 21. Three of those are here by statute. The other 18 are here
by appointment from the County Councils.
|
|
3:40:11 PM |
Harris |
Thank you. I
disagree.
|
|
3:40:12 PM |
Plyer |
There's nothing to
disagree on. It’s the law. It’s right here in writing…
|
|
3:40:15 PM |
Several persons |
All shouting at once.
|
|
3:40:20 PM |
Harris |
Now, how do we want
to deal with…
|
|
3:40:22 PM |
Plyer |
Not illegally.
|
|
[Arnett
suggests DJJ be asked to interpret who appoints members to the Board] |
|
3:40:30 PM |
Arnett |
I quite frankly am
stuck because I think that having Worknet here, having a resource here
for kids is something that is essential. I want to do it in such a way
that everybody’s comfortable with it. We’ve got a juncture here where
we obviously have folks, we have a need, we want to fill it, but we
don’t have any confidence in each other that we’re going to get here
between the Councils. I would like to suggest this. I would like to
suggest that we try once more to get Department of Juvenile Justice to
look at this very specific issue and give us a read because if they
won’t, then the only other thing we have is a group of the folks on the
board here thinking that we’ve moved ahead illegally. That puts me in a
very uncomfortable situation. And we have another group that sees that
we need to expand to get some of these resources to make he connection.
I would like to propose that we formulate and ask them to interpret that
section of the statute and that section of the By-laws that they sent
down because I think there’s a case to be made on both sides. And, when
there’s a case to be made, you either litigate it or you have somebody
give you an opinion on it and agree to go ahead and move forward. It is
vitally important that this Board start composing itself to the point
where we can get back to the things that are there. We don’t even have
half the problems we’re about to fact from a resource standpoint. And
while we’re going to worry of the tedium of who’s legal and who’s not,
we’re letting resources stand away, stand down from the group. We have
folks that should be here that would be here that are refusing to come,
and I think we’ve got to get past that process, and I would like to
respectfully suggest to the Chair that we go ahead and have DJJ,
although I have to tell you, I haven’t been impressed with their
willingness to stand up and answer either Dave Plyer’s questions or
Commissioner Harris’s questions. And it’s like they say, well, jeez,
it’s not our problem. Well, it is their problem. We didn’t write the
law. They did. We didn’t actually write these By-laws. They did. We
agreed to them when there was no contention. I would like to
respectfully ask the Doctor to please come back…I’m going to tell you
something, having a vote on this Board ain’t all it’s cracked up to be.
But, having you as a resource here, I think we can all agree is way more
important. I am tired of kids coming back to me that I’ve got in a
program that can’t find a job or the only job t hey can find is where
the employer abuses them and I don’t mean in the way you’re talking
about (to Mr. Pound). But they are not willing to work all his
graveyard shifts. We’ve got kids that are tested and they can’t make it
in school if they didn’t have a job but they’ve got to contribute to the
family. They’ve got to try to feed their brothers and sisters and
themselves. That juncture has got to be addressed. And there is simply
no other entity out there that can do that. By the same token, we are
underrepresented a great deal in some of these populations that are
starting to need representation. It is time we got this question
answered because we don’t have a lot of Hispanics on this Board.
|
|
3:43:59 PM |
Harris |
And according to our
By-laws, we can enlarge our board by those underrepresented groups
|
|
3:44:04 PM |
Arnett |
And I think the way
to do that is to have them tell us; see both sides of that question and
get it settled. I want to vote to put these folks on here. I want to do
it in a way that everybody feels comfortable doing it.
|
|
3:44:06 PM |
Pound |
I’ll second that
(note there was no motion on the floor).
|
|
3:44:24 PM |
Roche |
I would mirror Mr.
Arnett’s comments. They were absolutely well put and I’m ready to get
this board about the business it's hear to do and we need to resolve
these issues so we can move forward. In addition to that, I would
request of Mr. Plyer that you have an immediate vacancy and are meeting
on the 27th, that if need be you utilize that vacancy to
place the Doctor because I would like to see him here too. I think he
would be an invaluable resource. That can happen quickly and he can
return to our next meeting as a member, and that’s resolved and in the
meantime we get an answer on that and we solve both the problems and et
on about the business of impacting the lives of people in this county,
the kids in this county. I’m with you too, and you know me,
Commissioner Harris, I am extremely loquacious, and I’ve been holding it
for a while, but I am about, it’s time to get on about the business and
I think you for bringing it up and being passionate about it too. It’s
time to get on past these things, handle the questions that are being
asked, get resolution, hand the documents to whoever wants the
documents, and get on about the business that this board was created to
do. And if this can do it with both, then do it both. Utilize one of
those seats to place him because I’d love to see him here as well.
|
|
3:45:32 PM |
Harris |
Response, Mr. Plyer?
|
|
[Plyer
argues that Pasco Council use Leisner to replace one of the two Pinellas
County Commissioners it appointed] |
|
3:45:35 PM |
Plyer |
Yes. Pasco County,
for example, is overrepresented in membership here…
|
|
3:45:47 PM |
Harris |
You're not answering
his question,. He’s not asking you about Pasco, he is asking you...
|
|
3:45:47 PM |
Plyer |
I'll rephrase it that
again if we look at who can be elected or appointed to this Board, it's
people from the Councils, the Councils can appoint members to the
Board. We happen to have a vacancy. We also have nominees for that
vacancy an one of those nominees is not Mr. Leisner. However, Pasco
County I'm still not quite sure what your position is here, on the
board, it’s Pasco County… |
|
3:46:23 PM |
Harris |
Either you are or
your not...there is no need…you see as usual…
|
|
3:46:26 PM |
Plyer |
We have two members
from the Pinellas County Board of County Commissioners represented on
this board from Pasco county and…
|
|
3:46:39 PM |
Harris |
And that's not your
concern. And one of your members asked you a direct question. All you
have to do is answer it. All you have to do is just stand up for once…
|
|
3:46:47 PM |
Corry |
Shouting from the
audience: So listen to him.
|
|
[Chair
Harris to public: You shut up] |
|
3:46:48 PM |
Harris |
You shut up, please.
All you’ve got to do is…one of your members asked you a direct
question..
|
|
3:46:49 PM |
Plyer |
Read my lips. He is
not one of my members. He is not a member of the Pinellas County
Juvenile Justice Council. He is appointed to the Board by the Council.
He has a mind, he has a mouth; he has eyes and ears; he can think for
himself and say what he chooses. He makes excellent points and we will
consider it.. I also want to bring to you the attention of Pasco County
that it is it has two members from the same organization here. You may
want to consider replacing one of those members with some else, perhaps
Mr. Leisner. I wasn’t addressing you, I was addressing the Pasco.....
|
|
3:47:32 PM |
Harris |
What are the wishes
of the board? Obviously we can take the advice of Mr. Arnett or we can
vote. It’s up to the board
|
|
3:47:44 PM |
McClintock |
There's a motion and
a second.
|
|
3:47:49 PM |
Harris |
Okay, what was the
motion?
|
|
3:47:50 PM |
Arnett |
I didn't make a
motion.
|
|
[Motion
to Seek clarification] |
|
3:47:53 PM |
Roche |
I would motion then
that we follow Mr. Arnett’s recommendations and seek clarification so
that everyone can move forward on this very comfortably. I, too, want
to accept the Doctor here, I think he is a fine man and I think he is
needed. Love to have him on board but I agree with Mr. Arnett, let’s
get it clear. And if it isn’t clear by virtue of them not wanting to
clarify then…and I think we should follow Mr. Arnett’s advice and get
this clarified.
|
|
3:48:14 PM |
Harris |
And eventually we're
going to have to make some decisions. We just cant wait for Tallahassee
to decide
|
|
3:48:17 PM |
McClintock |
And I'll second that
motion.
|
|
3:48:32 PM |
Harris |
Okay, discussion?
Mr. Arnett? |
|
3:48:33 PM |
Arnett |
I have to tell you
I’ve even gone so far as to think that even though I want them to
clarify legally what takes precedence, the statute, give us an
interpretation of that section that is under question because we can
debate it all afternoon and it doesn’t make any difference all it does
is make people feel bad. I’m not so sure that we should pay any
attention all, quite frankly. If we’ve got kids that are in need I’m so
tired of hearing folks argue about who can and who can’t have a say. I
am tired about Tim having to come here year after year and say that
somehow or other we’ve decided that we don’t have enough money to take
care of our kids. I’m getting over it. I’m an old guy. I’ve been in
this business almost 30 years now. I can’t remember a timeframe when we
didn’t talk about kids in this state like they weren’t expendable. If
the house is burning down, do we tell you we’ve got a fire truck heading
from Miami, I hope they get t here in time? And that is the speed at
which our kids are deteriorating. And I have said it before, and I’ll
say it again. The Councils were created and the Board was an adjunct of
the Councils to be able to give a voice, to guide DJJ. Unfortunately, I
don’t believe they’ve ever paid much attention to any voice that’s come
up there. But, it’s the only voice that’s out here that’s got a
sanction. And I think a split voice has no resounding sound
whatsoever. So I’d like to move forward, whether we do or we don’t , I
would like to invite the Doctor to come back to hear some of the issues
really facing these kids, who don’t care whether somebody’s included in
a By-law or statute. They don’t know what the statute is. The first
time it’s explained to them is when they’re read their rights. I would
like to get back to that process. My boss wants to get back to that
process. I’m sure everybody around here that comes here wants to get
back to that process, so let’s once and for all have DJJ say what do you
want. Can we expand it by three? Does a Council have to appoint it or
can the Board elect it? And then we’ll go with whatever that answer
is. And I hope that the Worknet folks can hang with us until we get
past this tedium.
|
|
3:51: 00 PM |
Leisner |
We actually have
plenty of work to do.
|
|
3:51:03 PM |
Harris |
And I hope that our
kids can wait while we play process. Now we do have a motion on the
floor. All in favor of the motion say “Aye.” (All but Mr. Plyer vote
in favor). All opposed like sign.
|
|
3:51:07 PM |
Plyer |
Opposed. I don’t
understand what the motion was.
|
|
3:51:16 PM |
Roche |
The motion is to have
put forth to DJJ to have this debate we’re having, whether or not he has
to be placed by the Council or can the Board do it, have that
clarified. In particular, I believe it’s number 6 under Article 2 Board
Members, to have it clarified as to what that means. Does it mean the
Board can seat or does it mean the Board can expand and then the Council
may seat. That’s what it is. To clarify that so we can move forward
without any…
|
|
3:51:48 PM |
Harris |
And that motion did
pass.
|
|
3:51:53 PM |
Roche |
I would also like to
invite the Doctor back as a guest, pick a name, pick a title, I don’t
care, but please do come back and please do stay with us and we will…
|
|
3:52:07 PM |
Leisner |
Actually, I kind of
like the other idea of coming back as a consultant ‘cause then I’d get
paid. I’ve got too many boards with no checks.
|
|
3:52:15 PM |
Plyer |
The By-laws do allow
for an advisory council.
|
|
[Recording
interrupted - Technical problems] |
|
3:52:21 PM |
No Recording |
Technical Problem.
Had to turn recording off and back on.
|
|
3:52:58 PM |
|
Pause
|
|
3:53:01 PM |
|
Resume
|
|
[Discussion:
Shop lifting] |
|
3:53:22 PM |
Arnett |
…the cost that every
citizen pays for loss prevention all the way through the process;. At
the end of that, at least the exit interviews that I take from each one
of the 600 kids we divert every year, they seem to think that that
course had an impact because at least it reversed some of the psychology
that was out there. What I’m concerned with is where is that psychology
coming from? I can understand it...
|
|
3:54:18 PM |
Lenderman |
That entitlement.
|
|
3:54:22 PM |
Arnett |
That's exactly what
it is. If it was just our kids who were poor. 70 percent of our kids
have the money in their pockets to pay, I think we're going to need to
get a regiment that we transmit that there's no reason to give them
massive criminal records, because quite frankly they don’t know
difference between $299 and $301. And the difference is grand theft
versus petty, and grand theft gets you the big ride all the way through
on your record. And that's the one that any employer looking at it is
going to say, wait a minute; what are we going to do. And stealing from
the jewelry counter at Dillard’s you can get to $300 pretty quick, and
so I just want to lay that out there. Our data and our analysis show
that that is, and I cannot find a reason for it. I’ve sat and I’ve
talked to the parents until I'm blue in the face. My Restorative
Justice Boards have gone after what do you think and these folks will go
out and get in their Lexus and drive away or they will go get on a bus
and try to get home. It just does not follow any of those criteria. So
I’m going to law that out there. Anyone that's got information on it,
Tim I know you are seeing the same thing. The Judge and I were talking
the other day...to that end we have adjusted my compass program. There
are no longer direct cases from zip codes. We turned money back to
Juvenile Welfare Board. My one senior compass lawyer is going to do
nothing but try to divert cases out of high schools, all high schools in
Pinellas County. And the only other kinds of cases they’re taking are
retain theft cases and other like trespass nonsense cases that all the
diversions are coming through me now. I have to approve whichever
program they get to. It is huge. It is absolutely huge…
|
|
3:56:13 PM |
Harris |
We're going to put
this on our January agenda. And, Paul, I need to take this call. Can
you take over?
|
|
3:56:15 PM |
Harris |
At this time, 3:56
P.M., Chairman Harris leaves the meeting.
|
|
3:56:31 PM |
Lenderman |
I just want to say to
Vance that I think it's critical to give this the time it's due and this
has been too quick today just to tease us with it.
|
|
3:56:36 PM |
Arnett |
I just gave you the
totality of what I’ve been hearing.
|
|
3:56:40 PM |
Lenderman |
Well, you're going to
know more by January and the reason I say I think it's really important
is I think merchants have been in the position of not wanting to create
criminal records for a kid so they get away with it otherwise they end
up with a criminal record. The choices are not good either one…
|
|
3:56:51 PM |
Arnett |
I disagree with you.
I think the merchants are they’re making a policy they're going to file
that charge, they're going to stay on us and keep filing on it and they
get angry at us when we divert…
|
|
3:57:04 PM |
Lenderman |
Well, I’m just saying
that I think that if we have an alternative that actually works, if we
have any tracking of recidivists, of kids that have been through that
program, then I think we have something we can sell the merchants on.
But I just think we need to know more about how the courts are
responding to it.
|
|
3:57:26 PM |
Arnett |
The courts aren’t
responding to mine. I try not to send them to court. I mean, our
policy in our office is if you can keep that kid out of court with that
thing that’s what we’re going to do with it because they’ll look right
at you and they’ll claim that they didn’t know it was such a big deal.
|
|
3:57:39 PM |
Wright |
Vance, is there a
disposition difference on the part of the retailers in relation to the
economic status of the person?
|
|
3:57:52 PM |
Arnett |
No. I have to tell
you it’s almost like zero tolerance. If you’re caught stealing, they
have loss prevention folks that they pay for and I’m going to tell you,
the digital capability that they have is scary. I sat and could read
the price tags on the merchandise that was being picked up and when I’m
at the counter I can’t read it that well. At least my wife thinks I
can’t read it, particularly at the jewelry counter. But, it is
something that I have no reason to it, and for my colleagues in Pasco,
it's a problem as well. I just can’t figure out Walmart, Target,
Dillard’s, Macy’s, all of them are reporting the same thing. And the
down side of that is that if a group of young people who don’t intend to
steal walk through that front door, where do you think that camera
goes? They have to figure out, there are certain behaviors and I don’t
even want to call it profiling, Bruce. I think more of what it is is
that they’ve learned the pattern of behavior that’s there because
they’ve seen it so much and they’re playing the percentages. They know
exactly where they’re going to be. Now it’s gotten to the point where
I’m in the store, I’m sitting there waiting, I’m looking around for a
loss prevention guy ‘cause I figure if I’ve got more than three kids
over here no more than 15 feet from me and I’ve been right most of the
time. So, I really think that somebody, and it’s not DJJ because that’s
too far at the end of the deal, but somebody needs to, maybe we have
(name indistinguishable) come here and talk about how they created a
curriculum. It used to be that kids stole out kids steal for a variety
of reasons. I think if you get to that point you find out why they do
some of the other nonsense, nonsensical charges they get involved in.
And I just wanted to put that out there for…
|
|
3:59:37 PM |
McClintock |
Vance, can we get
your program in to the schools?
|
|
3:59:45 PM |
Arnett |
I don’t think there’s
any more room in the schools for anything, if you want to know the
truth. Anything we put in to a school curriculum right now you’re
taking away the ability of a child to be able to pass FCAT and get on
with their life
|
|
3:59:53 PM |
Pound |
I was thinking maybe
what we could just do is propose to the School Board that if you’ll just
put the Ten Commandments that says thou shall not steal.
|
|
4:00:00 PM |
McClintock |
We can’t do that and
I think you know that. We may or may not agree with you but we can’t do
it. Any other board members have an announcement?
|
| |
|
|
|
4:00:03 PM |
Harris |
At this time, 4:00
P.M., Chairman Harris returned to the meeting.
|
|
[Discussion:
Board records] |
|
4:00:09 PM |
Roche |
I have a question
about some protocol from the Chair or even from the Board. I have a
request to provide a couple of documents that I have no knowledge of and
maybe you can ether give me an idea of who to direct it to or how we go
about it. She asked for document stipulating the formation of the
Circuit Six Juvenile Justice Board Grant Review Committee for 2007, a
document reflecting the 2007 Juvenile Justice Board Grant Committee
adoption of the Pinellas County Strategic Plan and the Pasco County
Strategic Plan. I got this via e-mail from Ms. Corry, and she’s here.
I didn’t respond to it because I thought I was only copied on it that
perhaps it was something that was going to one of you and it was an
informational thing. Then Ms. Corry came back about ten days later
saying I need a response. I apologized and didn’t realize and told her
that and of course per Ms. Corry’s comments and per Lavetta Waters,
these questions for these documents must come though this Board. What I
am asking is, what do I do with that? Do I give this to the Board
Chair, do I…
|
|
4:01:28 PM |
Lenderman |
DJJ is the only one
who can give you that information. Why don’t you just pass that
request right down the table and poor Tim has it… |
|
4:01:42 PM |
Harris |
And Ms. Corry made
that request of DJJ and she got the grants information, she got a letter
from them…
|
|
4:01:50 PM |
Corry |
From the audience. I
got a memo stating that if I wanted any of the documents or had any
other concerns or questions, that I am directed to the Board. I get
that memo from the Office of the Inspector General. |
|
4:02:06 PM |
Roche |
That’s why I got it
and I clarified with Ms. Corry what can I do for you, I don’t have these
documents. And she did say that that came from DJJ…
|
|
4:02:15 PM |
Corry |
From the audience:
Which I forwarded the document to you…
|
|
4:02:20 PM |
Roche |
Yeah, I can forward
the document to you , Mr. Niermann, and… |
|
4:02:43 PM |
Niermann |
Do you want to
forward that to me on e-mail?
|
|
4:03:06 PM |
Roche |
I will do just that
so the request is honored and see who needs what and get it to them and
go on…
|
|
4:03:08 PM |
Niermann |
If the request has
already hit our headquarters office I can’t imagine the response is
going to be any different. I’ll be more than happy to follow up on
that.
|
|
4:03:09 PM |
Roche |
Who is the keeper of
record for this board?
|
|
4:03:10 PM |
Niermann |
That’s the question
you need to ask. I believe this is inquiring about the grant process…
|
|
4:03:19 PM |
Harris |
Last year’s grant
process, or the one coming up?
|
|
4:03:24 PM |
Lenderman |
It says ’07.
|
|
4:03:46 PM |
Harris |
’07, so you mean the
new grants process?
: |
|
4:03:08 PM |
Plyer |
No.
|
|
4:03:09 PM |
Lenderman |
The upcoming or the
last one?
|
|
4:03:15 PM |
Roche |
What I have here
says, and I’ll just quote it exactly: “Documents stipulating the
formation of the Circuit Six Juvenile Justice Board Grant Review
Committee for 2007, document reflecting the 2007 Juvenile Justice Board
Grant Review Committee’s adoption of the Pinellas County Strategic Plan
and the Pasco County Strategic Plan.” That’s what I have. For
clarification, it came from Ms. Corry. You asked what it is, that’s
what it is as it’s read.
|
|
4:03:48 PM |
Harris |
Well, the last grants
were done in December of ’06. We have not done ’07 grants.
|
|
4:03:55 PM |
Corry |
From the audience:
You did ‘em this spring. Remember that secret thing that you did that
you didn’t bring to the Board and the committee was formed in secret.
|
|
4:04:04 PM |
Roche |
So, I’ll forward it
to Mr. Niermann. And for future reference, if those questions come, am
I to direct it to the Chairman or who is the keeper of record…
|
|
4:04:22 PM |
Harris |
Well, the keeper of
record is the Department of Juvenile Justice, but we discuss those
grants here and that information is not going to change just because you
keep asking it. I mean, I guess everybody’s got, it’s not going to
change when we did the grants, the Chair appointed the Grants Committee
and they read the grants and they made their recommendations to
Tallahassee and that was that, you know. You keep asking, but it’s the
same thing. The Council is not the Grants Committee
. |
|
4:05:03 PM |
Roche |
Well, not to belabor
this, I’m just trying to get to the point of this…
|
|
4:05:10 PM |
Pound |
Is that request to be
passed out to all of us, the Board members?
|
|
4:05:15 PM |
Lenderman |
Just as Council
members can’t discuss among each other at any time that could
potentially come before the Council, we can’t, as Board members, you’re
familiar with that, that’s why it’s always safe to send it to Tim. It’s
like the old cereal commercial, “let Mikey do it,” you know. This one
is “let Tim do it” and he’ll figure it out from there. I hate to do
that to you Tim, it’s just the cleanest, safest way so that there are no
violations of Sunshine by improper communications among members of the
same board or council.
|
|
4:05:53 PM |
Plyer |
Just to close this
off, I have asked for board-related documents as a Board Member from DJJ
and they’re pleased to do it for $180.00. |
|
4:06:07 PM |
Lenderman |
Well, they charge, by
law, a certain amount per page/ That’s customary, yeah.
|
|
4:06:15 PM |
Harris |
They get asked every
day. That’s a part of it.
|
|
4:06:18 PM |
Wright |
The point of
information that’s strange to me is why wouldn’t all the Circuit Board
members have copies of all of these committee meetings because we are
part of the Circuit Board. If a Circuit Board decision has been made by
certain members and it’s not out in the open to all the others, there
should be some documentation that we can see. I think that’s not an
unreasonable request, I mean, you know, if I’m going to be part of
something I want to know what decisions have been made by people. So I
think that seems like a no-brainer, really.
|
|
[Public comments] |
|
4:06:54 PM |
Harris |
Any other new
business? Okay. Board Member announcements? Any announcements from
any members of the Board? Okay. Public Comments? Any members of the
public?
|
|
[Dennis
Segall: Board doesn't listen to kids] |
|
4:07:06 PM |
Dennis Seagall |
Yes, my name is
Dennis Seagall. I’m a minister and a school teacher for 40 years, and
I’d like to…I felt really good when I heard Mr. Harris last meeting talk
how he did about the kids and today he said the same thing, that the
main emphasis in this room should be towards the children and I felt
good about it. There’s a bible verse that says if a man says he loves
God and he hates his brother, he’s a liar and the truth is not in him.
And I can hear what people say, but many of the kids that come here,
I’ve worked with them. I’ve worked with a young man called Reese Sterns
and I say the hurt in him when Mr. McClintock had the audacity to, I
mean he loves kids, but the audacity to say about a young man, a
teenager, and teenagers can get hurt very easily, that this young man
probably who is someone who would shoot up in a school. That’s loving
care? That’s caring about kids? Well, I didn’t do much, I didn’t say
much, until he wanted to come to the meeting and openly ask for an
apology. At that point I was sure that there would be some apology,
some going forth, because this is a young man, this is the people, this
is the person that we’re supposed to be fighting for and not speaking
against. But no one stood up, no one said a word, he felt like he was
slighted. And now his mother wants to come to the meeting. His mother
is a paralegal and works in the law office. And they want to do
something about it because you don’t listen to kids. Maybe you’ll
listen to lawyers. Maybe you’ll listen to something that may hurt you.
And it just hurts me that we speak about caring about kids, but the
bottom line is not what we say. It’s what we do. Thank you.
|
|
[John
Feeney: Board's behavior is appalling] |
|
4:09:09 PM |
John Feeney |
Yes, I do. My name
is John Feeney. I am a law student. I want to comment that as a person
who is interested in entering the legal profession, I’m not a lawyer yet
but I hope to become one, I personally both as a Christian and as a
future attorney am appalled, utterly appalled, at what I’ve seen today.
Beyond reason, I feel like Alice going through the looking glass and,
you k now, and I’m just, I’m almost ashamed that those persons who are
charged with upholding, enforcing and applying the law in our society,
and I’m a man who believes in the rule of law, can themselves behave in
a manner which is borderline lawless. Whether it involves abusing
children who are incarcerated in the system or whether it involves
something as simple as conforming to a statute as a public body in the
public interest placed in public trust. I want to compliment Mr. Vance
Arnett from the State Attorney’s Office for the reason that he injected
into this board meeting today by suggesting that an interpretation of
the law under question at today’s meeting be provided before a vote is
taken to find out if in fact the board’s ability to expand it’s
membership is pursuant to a statute that provides that councils elect
members to this body rather than the board itself arbitrarily choosing
who it’s going to elect. And, I just wanted, I wanted to enter those
remarks into the record of this meeting, and thank you very much for
your time.
|
|
[Harry
McKay: Issues with removal of children from their parents] |
|
4:11:14 PM |
Harry McKay |
I’m Harry McKay. I’m
a representative of We the People, an organization that’s statewide and
growing, and the focus is to address attention to constitutional issues
and violation of the constitution by the government. The founding
fathers were well-aware of the tyranny of government and how government
can easily get outside their bounds and the fourth branch of government
is actually we, the people. We are supposed to keep our elected
officials in check and I’m assuming every one of you public officials
have taken an oath to support the Constitution of the United States
against enemies foreign and domestic…so if you come across a situation
that is a departure from the constitution, those principles that the
founding fathers put in plan to keep this country strong, then you, as a
citizen need to bring that up. Now, I guess the reason that I’m here
mainly is Greg came to one of our meetings, we hold once a month
meetings in Tampa, we’re growing and got meetings at various locations
now. In fact, I’m on a class action law suit filed with the government,
been D.C. three times, about a petition for the redress of grievances
where the government is actually telling We The People, no we don’t have
to answer your grievance. Well, that’s a bunch of b..l. That is not
according to what the founding fathers put into the constitution about
redress of grievances. If there’s a redress of grievance by the people,
that we have the right to petition our government. They should respond,
we work out the details, why, what’s going on. Well, the website is
www.wtpifl.org. George Washington made this statement: “Government
is like fire. Useful in the fireplace but when it gets out of its place
it will consume everything you own.” Very, very insightful. He knew
what he was talking about because they dealt with the tyranny. Another
quote by Thomas Jefferson. “When government fears the people you have
liberty. But when people fear the government you have tyranny.” Now,
what has happened, I got kind of involved with Greg’s case. I’m not an
attorney, but yet I’ve read the complaint, I’ve interviewed people that
knew him before they were married, his wife’s father, and all these
people and I mean this is just a bunch of c..p, that’s all I can say,
what happened to this family. Now, as far as juvenile intervention or
juvenile delinquency. You are absolutely correct that the family…The
Amish people don’t have a problem with juvenile delinquency, why?
Because they’re tight-knit families. The role of the father has been
superseded or cut amuck. It’s the role of the father to teach the
children I would say God’s principles, in my own opinion. Thou shall
not steal. All these principles are supposed to be taught. These
children should not be going to schools and having all these problems
and not knowing what the basics of what respecting your neighbor is and
all this stuff that we’re dealing with after the fact. Now, if we can
stop the, if two out of ten or two out of 20, I don’t know what the
figures actually is, children that are taken from their parents, is
illegal, is not really constitutional, is bad, just what I feel has
happened in Greg’s case, those kids and I read the study are almost like
one in three or one in five more likely to have juvenile issues as
they’re going in their teen years and problems being an adult because
they were jerked from their home environment. So, my question. Here’s
what I would ask of this board. One, I have tried to get the
procedures, not only for Greg’s case but another case, in the CF
Operating Procedures Manual. There’s a CF Operating Procedure No.
175-34 Removal and Placement of Children. Under question four here it
says general requirements. Before a child is removed from the home the
Department must ensure reasonable efforts are made to prevent the
removal and then it quotes SRSOP 175-32 Reasonable Efforts. Well, I
went on the website and it’s right there, but you can’t read the text of
what it said, it’s taken off the website. I’ve been to Kevin Amber’s
office. We’ve asked him directly, what is the procedures for taking a
children from the house and we’re going to review that and find out how
it applied in Greg’s case and other cases too, ‘cause we’re tired of
this. Now, is there anybody on this board that can help us get that
procedure from these people to find out what efforts are being taken, or
need to be taken, when a child is taken from their home? Can anybody do
that?
|
|
4:16:22 PM |
Lenderman |
I would just jump
in. Nick Cox is the Regional Director of the Department of Children and
Families and a CF operating procedure is Children and Families, that’s
what CF stands for, and he is an attorney and he at one time I believe
had been with the State Attorney’s Office as well. He’ll be very
familiar with that. His office is in Tampa. I don’t have his phone
number but it’s the Department of Children and Families in Tampa. He
name is Nick Cox and he’s the Regional Director.
|
|
4:17:00 PM |
McKay |
Just one more quick
thing. When a child is taken from the home, in the case of Greg it was
one woman’s opinion basically that did that operation. There needs to
be some board, maybe a guardian ad litem, maybe a couple of people,
almost like the federal government has to go to a grand jury before they
indict somebody for a criminal offense. There needs to be some stopgap
to say, wait a second. Is this really true. Do you have competent fact
witnessed? Do you have first-hand knowledge. Now, obviously if the
child has been beat up that’s obviously first-hand knowledge. I saw
it. He’s taken out. That’s the way it is. But in the case of Greg’s
case they said well maybe it will happen in the future. In those kind of
cases we need something to stop that taking of children which again is
going to help the dependency problems you’ve got or the delinquency
problems in the future.
|
|
4:17:54 PM |
Harris |
Thank you. Any other
public comment? Yes, sir,
|
|
[Keith
L. Estes: Can the Board look into child placement situations?] |
|
4:17:58 PM |
Keith L. Estes |
My name is Keith
Estes and I am very interested in Greg’s situation. Before I came here
my wife and I spent time in prayer asking God to intervene in some way,
so that this family can be reconciled. It appears that…to change minds
and change judges and the adults don’t seem to open the case up again we
just accept was all documented prior to that and this is very
unfortunate. I talked with attorneys in this town who wouldn’t take his
case because they wouldn’t know where to start. It is so convoluted
that it’s just unbelievable. If you could write a scenario, you
couldn’t write a worse case then this. I’d be interested in knowing,
does this Council, does this Board have any capability of forming a
citizen’s group to look into some of these horrendous situations that
are happening when people, young people are put in the system. Now, our
good friend tells us here about how well stocked the stores are with
their surveillance techniques and they can read the label on something,
they know that they’re stealing in the store when they don’t even need
the product. And I think that I would like to ask the question, do you
happen to know, sir, do we have any surveillance like that, looking at
Greg’s children where they’re being taken care of? Do we have any right
to have any surveillance in there to see what is happening to these
people? I think we need to have one-third of the surveillance that the
stores have 100 percent so I am deeply concerned about this and I think
I’d like to know, Mr. Chairman, is it possible this Board could have a
citizens board with power to ask questions and uh, or do we just need to
go in as individual citizens?
|
|
4:20:40 PM |
Harris |
Actually, the kind of
board you’re talking about used to be called the Pinellas Council and it
had 50 or 60 members and it had people from all those offices there and
that’s what we’re trying to do is create a group that would bring those
kinds of people and let them collaborate with us so that we’re not just
outsiders trying to get information, but that they would be a part of
our network and we could take these kinds of requests to them and some
members of this board don’t think that we need a citizens advisory
council.
|
|
4:21:19 PM |
McKay |
It’s my understanding
from Dave we don’t have any power to go out and say I’m a member of the
council and we would like to do this or that…
|
|
4:21:25 PM |
Harris |
We don’t either but
what happens is you work with people and you form a bond and it’s a
collaboration and then people in different walks of life just cooperate
with you because you all have the same common goal, but when you assume
that you’re the only one with that goal and you don’t listen to anybody
else, you can’t just ask them when you want something. You’ve got to
make them a part of your network and there’s got to be some trust
somewhere and all of us have to learn to trust each other and not
suspect people’s motives and not always assume that we’re the only one
that knows the answer to the question or that we are the only ones
involved and that’s what we are trying to do. We need to have this rise
above a personal level and have the broad issue of kids as our
objective.
|
|
4:22:19 PM |
Pound |
Well, after what I’ve
experienced, I would not trust nobody in the juvenile court system after
state attorneys lying, judges lying, and the abuse my kids have gone
through and they’ve covered it up and they refused to look at what
they’ve done to our children and I wouldn’t trust not one of them, no
one of them.
|
|
4:22:38 PM |
Lenderman |
You have an attorney,
I want to say…
|
|
4:22:44 PM |
Pound |
My attorney was shot
in the head. Stacey Palmer got shot in the head. She was working with
Judge Fleming, Cindy ???, Mary Ellen Lanes, Susan Williams, William
Mahew, the rest of ‘em who brought this case on for several years over
an accidental dog bite…
|
|
4:22:52 PM |
Lenderman |
|
|
4:23:08 PM |
Pound |
And he was saying
excuse me your honor, you’re saying we cannot present evidence? Are you
telling us in court, he comes into the court room he says what are we
even here for
|
|
4:23:15 PM |
Lenderman |
Mr. Pound I’m saying
process of law is that there’s two attorneys, one on one side and one on
the other. He understands the process of how you appeal a judge’s
decision…
|
|
4:23:25 PM |
Pound |
There is a problem
with the process of law, we the people are being oppressed…rest
unintelligible.
|
|
4:23:33 PM |
Harris |
Is there any other
public comment? Do we have a motion to adjourn?
|
|
[Motion to
adjourn] |
|
4:23:38 PM |
Simpson |
I make a motion to
adjourn.
|
|
|
McClintock |
I second that.
|
|
4:23:54 PM |
Meeting Adjourned |
Stop Recording |