If that is the case then it is all being done in secret.

 

From:
“Ted Noftall” <Ted@TedNoftall.com>
To: “Greg Kisela” <gkisela@port-orange.org>
Cc: “Bob Ford” <rford37@cfl.rr.com> “Dennis Kennedy” <DennisK@port-orange.org> don@amlsfl.com “Drew Bastian” <db2070@cfl.rr.com> “Allen Green” <AllenG@port-orange.org>

Greg,
“…… for the past several months the City of Port Orange has a payroll review being conducted to ascertain to the best of the auditor’s ability the extent of the issue” . 
If that is the case then it is all being done in secret  and the secrecy is killing you Greg.  When CRI gave their report at the June 4th Council meeting the only reference  to a payroll investigation they made was that it was not part of their scope of work.  So if a  payroll review  has been ongoing for several months please advise when it started and who has been doing it ?
To be clear  the allegations to which you are referring were made by the City’s Auditor.  I am repeating them.
It was the Auditor who told Council that the buck stops with them  and not with the Manager,   AND that they had been remiss in not providing adequate supervision of the former Manager.
It was also the Auditor who advised that her audit tests would likely not have found the payroll fraud or the softer “abuse” as she chose to describe it   because two or more individuals had colluded to conceal that fraud or abuse,   by falsifying records to indicate that people were working when in fact they were not.
Thus far, this has been soft peddled as well meaning department heads who had been giving out more administrative time than ordinance authorized.  They just did not  know any better …….   an honest mistake !
Well if that was the case why were the records falsified to show that people were working when they were not  ???
 
Ted Noftall
 


—–Original Message—–
From: Kisela, Greg [mailto:gkisela@port-orange.org]
Sent: Thursday, June 20, 2013 8:18 AM
To: Ted Noftall; don@amlsfl.com; Monahan, Gerald; Roberts, Margaret
Cc: Bob Ford; Kennedy, Dennis; Drew Bastian; Green, Allen; Fenwick, Robin
Subject: RE: Accountability/Liability
Ted: You are making very serious allegations against both appointed and elected officials.   As you have known for the past several months the City of Port Orange has a payroll review being conducted to ascertain to the best of the auditor’s ability the extent of the issue.   This is not a simple task as they have to examine records for a 10 to 12 year period to try to ascertain what has occurred.    The City has and continues to support the auditor in gathering the available and requested  information.  At this point in time the auditor expects to present their initial work at the July 16th City Council meeting.
 
Greg Kisela
City Manager
 


From: Ted Noftall [mailto:Ted@TedNoftall.com]
Sent: Wednesday, June 19, 2013 3:28 PM
To: don@amlsfl.com; Gerry Monahan (gmonahan@port-orange.org); Margaret Roberts (mroberts@port-orange.org)
Cc: Bob Ford (rford37@cfl.rr.com); Dennis Kennedy (dkennedy@port-orange.org); Drew Bastian (db2070@cfl.rr.com); Mayor Green (agreen@port-orange.org); gkisela@port-orange.org
Subject: Re: Accountability/Liability
 
Don,
I agree with your  sentiments, and I hope they not too little and way too late ???
The City has just spent $200,000 on  several  CPA firms  who have worked feverishly to not  be critical of anyone in particular.   That pass should never have been allowed to happen and no one bears more responsibility for that  pass than  COUNCIL.
If you have a genuine appetite for accountability and liability I am sure you appreciate that last evening the Auditor changed Council’s legal landscape forever.  In answer my payroll fraud question said she felt her audit tests would likely not have found that fraud or the softer “abuse” as she chose to describe it   because two or more individuals had colluded to conceal that fraud or abuse,   by falsifying records to indicate that people were working when in fact they were not.       
Do you or the rest of Council not realize that conspiring to commit and conceal fraud,  is a crime that  needs to be prosecuted criminally  and civilly,   AND YET  the Manager (with Council’s tacit approval)  is doing his best to proceed as if he were dealing with one 3 year old child who took another child’s  ice cream at a picnic.
Why have  you and the rest of Council given that tacit approval  ?????
The City’s reluctance to act in an appropriate legal manner  is exactly why Federal racketeering statutes  were enacted.  Port Orange officials have been jailed under those RICO provisions before….and sadly perhaps it is time the Feds are called upon to do so again.
 
Ted Noftall
 


—–Original Message—–
From: Burnette, Don [mailto:dburnette@port-orange.org]
Sent: Tuesday, June 18, 2013 8:13 PM
To: Roberts, Margaret
Cc: City Council; Kisela, Greg; Lewis, Shannon
Subject: Accountability/liability
 
Margaret
As I mentioned during the meeting tonight, now that our annual audit is complete, I would like to find out if we can pursue and recover any damages from any possible malpractice, malfeasance and/or misfeasance that previously may have occurred under the last finance director. Was there any E&O insurance held by or for the previous Finance Director that we can file a claim with?  Are there any other avenues that we might pursue in order to recover damages?
I appreciate your efforts in regards to pursuing and recovering what ever we reasonably can.
Thanks,
 
Don
Don Burnette, MBA
Vice Mayor, City of Port Orange
 
Sent from my iPad


GregKisela
 

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