Jun 25, 2007 Copy of email from Plyer, Pinellas County Juvenile Justice Council, to Wilson, OAG: “I ask you to intervene and encourage Mr. Harris to provide me with a copy of this public record”

 

from  Dave Plyer <d.plyer@gmail.com>
to  Joslyn Wilson <Joslyn.Wilson@myfloridalegal.com>  

 

date  Jun 25, 2007 8:32 AM  
subject  Public Record Request: Letter from 6th Circuit State Attorney to Circuit 6 Juvenile Justice Board  

 

Joslyn Wilson
Florida Office of the Attorney General

 

Perhaps you can help me. My request for a copy of a public document shows no signs that it will be honored. The record is a letter from 6 th Circuit State Attorney Bernie McCabe to Calvin Harris chair of the Circuit 6 Juvenile Justice Board. The letter designates Vance Arnett, a member of McCabe's staff, to be the voting representative for the 6th Circuit State Attorney at Board meetings. During the April 30, 2007 meeting of the Circuit 6 Juvenile Justice Board, Harris assured the Board's members that the letter exists. As a member of the Board, I asked for a copy. Harris agreed. Since then, my attempts to get a copy of the letter from Harris have been unsuccessful.

 

I have included, with this request to you, a Summary of Correspondence, Text of Correspondence, and CC List of Circuit 6 Juvenile Justice Board Members.

 

I ask you to intervene and encourage Mr. Harris to provide me with a copy of this public record.

 

Dave Plyer
Member Circuit 6 Juvenile Justice Board
727.799.1431

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Summary of Correspondence

 

Here is a summary of my conversations with Harris on this matter. It begins on April 30, 2007 with an excerpt from the meeting transcript and continues through June 19, 2007 with an exchange of email between Harris and me. Harris' words to me to "get over it" suggest that I am not going to get this letter any time soon. The full text of each summary follows this chronology:

  1. Apr 30, 2007: Harris "…that's why we accepted the letter from Mr. McCabe designating Vance as the voting member."

  2. Jun 4, 2007 Plyer: "Please send me a copy of the letter from Bernie McCabe…"

  3. Jun 4, 2007 Harris: "All public records request should be made directly to DJJ."

  4. Jun 4, 2007 Plyer: "You said, '… I [Harris] would be happy to send you a copy of the letter…if that makes the world any better for you…' "

  5. Jun 8, 2007 Plyer: "Please send me the letter…"

  6. Jun 8, 2007 Harris: "I don't have a copy of the letter."

  7. Jun 11, 2007 Plyer: "You have made conflicting statements…Which statement is true?"

  8. Jun 11, 2007 Harris: "Both statements are true."

  9. Jun 12, 2007 Plyer: "…which statement is true: you lie or you break the law."

  10. Jun 12, 2007 Harris: "If you want to pay…we will begin the search."

  11. Jun 13, 2007 Plyer: "Start your search…tell me how long you expect it will take…"

  12. Jun 13, 2007 Harris: "You need to get over it!"

  13. Jun 19, 2007 Plyer: "Send me a copy of the Bernie McCabe letter…"

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Text of Correspondence

 

1.  Apr 30, 2007: Harris "…that's why we accepted the letter from Mr. McCabe designating Vance as the voting member."
Excerpt from transcript of Circuit 6 Juvenile Justice Board meeting April 30, 2007
Notes:

  • Maryann Penhale, an employee of Pinellas County Board of Commissioners, prepared this transcript.

  • Vance Arnett is a member of the staff of 6th Circuit State Attorney Bernie McCabe. Arnett represented McCabe at this meeting and wants to know if he is eligible to vote.

  • Calvin Harris, Pinellas County Commissioner and Chair of the Circuit 6 Juvenile Justice Board, says Arnett is designated to vote.

  • Dave Plyer, Chair of the Pinellas County Juvenile Justice Council and a member of the Circuit 6 Juvenile Justice Board, wants a copy of the letter.

 

Excerpt:

 

JJ Meeting
April 30, 2007 – 2:01 p.m.

Rough Verbatim Transcript
Maryann Penhale, Board Reporter

 

2:02:50 PM ~ Arnett:               I need to have something clarified.   I don't know whether Mr. McCabe, he and I didn't discuss it and I don't know whether I am officially designated as a voting member; I would like to clear that up before we have to call a question.

2:03:04 PM ~ Harris:                It was my impression that you were the designee and if you are uncomfortable with that then—

2:03:15 PM ~ Arnett:               No, I'm not uncomfortable with any assignment he gives me.   I just want to make sure I know if I'm voting or not.

2:03:22 PM ~ Harris:                You know one of the things, this is supposed to about children; and it's not about us or it's not brain surgery or anything and we're just making it so difficult and it does not have to be.   Yes?

2:03:35 PM ~ Plyer:                 I realize that this is a difficult point, but to be a voting designee you have to have a letter from the member.   Do we have that?

2:03:48 PM ~ Harris:                Mr. McCabe had designated Vance long before any of this came up and we do have a letter designating him, and if you like that, I would be happy to send you a copy of the letter, if you need that, if that makes the world any better for you, I will send it to you.

2:04:09 PM ~ Plyer:                 Excuse me, it has nothing to do with whether I like it or don't like it; it's what the bylaws call for.

2:04:18 PM ~ Harris:                We can all read Dave, and that's why we accepted the letter from Mr. McCabe designating Vance as the voting member.

2:04:30 PM ~ Plyer:                 The only reason I bring this up is the last time you told us you had a designated member we found out that he was not a designated member; you told us we had a letter for him and we didn't so I just want to make sure we have things squared away.

2:04:42 PM ~ Harris:                And since you are the keeper of veracity and everything, you make sure.

                      Plyer:                  Thank you.

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2.  Jun 4, 2007 Plyer: "Please send me a copy of the letter from Bernie McCabe…"

  from  Dave Plyer d.plyer@gmail.com
  to   Calvin Harris charris@co.pinellas.fl.us

date  Jun 4, 2007 8:10 AM
subject  C6JJB: Designation letter from McCabe

 

Calvin Harris
Circuit 6 Juvenile Justice Board

 

Please send me a copy of the letter from Bernie McCabe to the Circuit 6 Juvenile Justice Board that designates Vance Arnett as the State Attorney's voting representative to the Board.

My mailing address is

 

Dave Plyer
3021 Tennessee Ave.
Clearwater, FL 33759

 

Dave Plyer
Circuit 6 Juvenile Justice Board

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3.  Jun 4, 2007 Harris: "All public records request should be made directly to DJJ."

from  "Harris, Calvin D" charris@co.pinellas.fl.us
to  dplyer@gmail.com

 

date  Jun 4, 2007 8:11 AM  

subject  Re: C6JJB: Designation letter from McCabe

 

All public records request should be made directly to DJJ.

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4.  Jun 4, 2007 Plyer: "You said, '… I [Harris] would be happy to send you a copy of the letter…if that makes the world any better for you…' "

from: Dave Plyer  d.plyer@gmail.com
to: Calvin Harris  charris@co.pinellas.fl.us

 

date  Jun 4, 2007 9:13 AM  
subject: Re: C6JJB: Request designation letter from McCabe

 

Calvin Harris, Member
Circuit 6 Juvenile Justice Board

 

At the April 30, 2007 meeting of the Board, I asked you if there was a letter designating Vance Arnett as the State Attorney's representative. You said, "Mr. McCabe had designated Vance long before any of this came up and we do have a letter designating him, and if you like that, I would be happy to send you a copy of the letter, if you need that, if that makes the world any better for you, I will send it to you."

 

Please send a copy of the letter to me at

 

Dave Plyer
3021 Tennessee Ave.
Clearwater, FL 33759

 

Dave Plyer, Member
Circuit 6 Juvenile Justice Board

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5.  Jun 8, 2007 Plyer: "Please send me the letter…"

from  Dave Plyer d.plyer@gmail.com  
to  Calvin Harris charris@co.pinellas.fl.us   
cc [listed below]

 

date  Jun 8, 2007 9:09 AM  
subject   Re: C6JJB: Request designation letter from McCabe [3rd request]

 

Calvin Harris

Pinellas County Commissioner

Member Circuit 6 Juvenile Justice Board

 

Please send me the letter from State Attorney Bernie McCabe that names Vance Arnett as his voting designee to the Circuit 6 Juvenile Justice Board. You told the Board at the April 30, 2007 meeting that you had the letter, and twice said you would send it to me. Remember, you said, "I would be happy to send you a copy of the letter, if you need that, if that makes the world any better for you, I will send it to you."

 

Dave Plyer

Member Circuit 6 Juvenile Justice Board

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6.  Jun 8, 2007 Harris: "I don't have a copy of the letter."

from  "Harris, Calvin D" charris@co.pinellas.fl.us 

to  dplyer@gmail.com

 

date  Jun 8, 2007 9:26 AM  

subject  Re: C6JJB: Request designation letter from McCabe [3rd request]   

 

Dace Plyer,

I don't have a copy of the letter.

Calvin Harris

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7.  Jun 11, 2007 Plyer: "You have made conflicting statements…Which statement is true?"

from  Dave Plyer dplyer@gmail.com

to  "Harris, Calvin D" charris@co.pinellas.fl.us

cc [listed below]

 

date  Jun 11, 2007 8:57 AM  

subject  Re: C6JJB: Request designation letter from McCabe [3rd request]

 

Calvin Harris

Pinellas County Commissioner

Member, Circuit 6 Juvenile Justice Board

 

You have made conflicting statements about the existence of a letter from State Attorney Bernie McCabe that designates Vance Arnett as his voting representative to the Circuit 6 Juvenile Justice Board:

 

"Mr. McCabe had designated Vance long before any of this came up and we do have a letter designating him, and if you like that, I would be happy to send you a copy of the letter, if you need that, if that makes the world any better for you, I will send it to you."

            – Statement to the Circuit 6 Juvenile Justice Board, April 30, 2007.

"I don't have a copy of the letter."

            – Email to Plyer, June 8, 2007

 

Which statement is true?

 

Dave Plyer

Member, Circuit 6 Juvenile Justice Board

727.799.1431

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8.  Jun 11, 2007 Harris: "Both statements are true."

from  "Harris, Calvin D" charris@co.pinellas.fl.us 

to  dplyer@gmail.com 

 

date  Jun 11, 2007 9:28 AM  

subject  Re: C6JJB: Request designation letter from McCabe [3rd request]   

 

Dave Plyer,

 

Both statements are true.

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9.  Jun 12, 2007 Plyer: "…which statement is true: you lie or you break the law."

from  Dave Plyer dplyer@gmail.com 

to  "Harris, Calvin D" charris@co.pinellas.fl.us 

cc [listed below]

 

date  Jun 12, 2007 9:17 AM  
subject  Re: C6JJB: Request designation letter from McCabe [3rd request]   

 

Calvin Harris
Pinellas County Commissioner
Member, Circuit 6 Juvenile Justice Board

 

In your email reply to me of June 11, 2007, you write nothing more than "Both statements are true." What am I to make of your inability to keep your word? "Both statements are true": You have a copy of State Attorney Bernie McCabe's letter of designation and will send it to me and you do not have a copy the letter [and will not send it to me].

 

If the first statement is "true"—you do have a copy—then send it to me at 3021 Tennessee Ave., Clearwater, FL 33759.   After all, it was you who voluntarily declared, "I would be happy to send you a copy of the letter, if you need that, if that makes the world any better for you, I will send it to you." You confirmed the letter's existence when you added, "We can all read Dave [referring to my statement that the bylaws require such a letter], and that's why we accepted the letter from Mr. McCabe designating Vance as the voting member."

 

If the second statement is "true"—you do not have a copy—that implies one of two things. Either State Attorney McCabe never sent the designation letter you said he did so you cannot make a copy and send it to me, in which case you lied to me, the members of the Board and to the public. Or, the letter exists and you refuse to send a copy to me, in which case you are in violation of Florida Statute 119.

 

Tell me, which statement is true: you lie or you break the law. Or are both statements true? Either way, your lack of integrity and trustworthiness are showing.

 

Dave Plyer
Member, Circuit 6 Juvenile Justice Board
727.799.1431

 

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10. Jun 12, 2007 Harris: "If you want to pay…we will begin the search."

from  "Harris, Calvin D" charris@co.pinellas.fl.us
to  dplyer@gmail.com

 

date  Jun 12, 2007 9:32 AM 

subject  Re: C6JJB: Request designation letter from McCabe [3rd request]   

 

Dave Plyer,

We had those items several years ago when they were applicable. We don't have them now. If you want to pay for an archival search let me know and we will begin the search.

 

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11. Jun 13, 2007 Plyer: "Start your search…tell me how long you expect it will take…"

from  Dave Plyer d.plyer@gmail.com
to  "Harris, Calvin D" charris@co.pinellas.fl.us
cc [listed below]

 

date  Jun 13, 2007 8:52 AM  

subject  Re: C6JJB: Request designation letter from McCabe  

 

Calvin Harris
Pinellas County Commissioner
Member, Circuit 6 Juvenile Justice Board

 

You are confused. This exchange has never been about "items." I simply want a copy of the letter you declare to have and not have. You say the letter is from 6th Circuit State Attorney Bernie McCabe designating Vance Arnett to represent him at meetings of the Circuit 6 Juvenile Justice Board. And, yes, as a member of the Circuit 6 Juvenile Justice Board, I do expect you to look for this public document. Start your search for the letter now and tell me how long you expect it will take you to find it.

 

Dave Plyer
Member, Circuit 6 Juvenile Justice Board

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12. Jun 13, 2007 Harris: "You need to get over it!"

from  "Harris, Calvin D" charris@co.pinellas.fl.us  
to  dplyer@gmail.com 

 

date  Jun 13, 2007 10:02 AM  
subject  Re: C6JJB: Request designation letter from McCabe  

 

Dave Plyer,

You need to get over it!

Calvin Harris

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13. Jun 19, 2007 Plyer: "Send me a copy of the Bernie McCabe letter…"

from  Dave Plyer d.plyer@gmail.com
to  "Harris, Calvin D" charris@co.pinellas.fl.us
cc [listed below]

 

date  Jun 19, 2007 8:12 AM  
subject  Re: C6JJB: Request designation letter from McCabe

 

Calvin Harris
Pinellas County Commissioner
Member, Circuit 6 Juvenile Justice Board

 

You tell me, "You need to get over it!"

Send me a copy of the Bernie McCabe letter designating Vance Arnett and then you can "get over it."

 

Dave Plyer
Member, Circuit 6 Juvenile Justice Board

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CC List of Circuit 6 Juvenile Justice Board Members

This is a list of fifteen of the seventeen members of the Circuit 6 Juvenile Justice Board as established by Florida Statue 985.664 (7). The members were "cc" on Plyer's emails to Harris. The other two members, Calvin Harris and Dave Plyer, are not listed.

  1. Bernie McCabe <bmccabe@co.pinellas.fl.us>,

  2. Bob Gardner <bgardner@co.pinellas.fl.us>,

  3. Bruce Wright <bgcwright@aol.com>,

  4. Chimurenga Waller <chimurengawaller@yahoo.com>,

  5. Greg Pound <gregandmalissa@juno.com>,

  6. Jim Coats <jcoats@pcsonet.com>,

  7. Kathy Brown <kbrown@pascosheriff.org>,

  8. Kenneth Welch <ktwelch@pinellascounty.org>,

  9. Lisa Sloan <lisa_sloan@doh.state.fl.us>,

  10. Marion Fleming <mfleming@co.pinellas.fl.us>,

  11. Martha Lenderman <lendmar@verizon.net>,

  12. Norm Roche <norm_joyroche@yahoo.com>,

  13. Paul McClintock <paulmcc@tampabay.rr.com>,

  14. Susan Biszewski-Eber <sbeber@stpeteymca.org>,

  15. Teri Simpson <tsimpson@bbbsfl.org

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This site is maintained by the Pinellas County Juvenile Justice Council and was last updated on 10/21/07.