Can The City Council Approve Roger Smith's Agreement ?

legalMy two cents.
For the sake of debate, lets say Roger writes a book about his life and makes millions.  In the preamble of the proposed Rodger Smith agreement, it appears that all former and current city employees may be prohibited from pursuing any claim against Roger for loss of any income they may have experienced as a result of this fiasco.
” .THIS STIPULATED AGREEMENT  …. by and between,  ….City of Port Orange,  …. all of its current and former officers, employees, agents, representatives ….”   ” … and Roger Smith …”
CAN or will the City Council really sign away any rights city employes have for redress of their losses ?


2 thoughts on “Can The City Council Approve Roger Smith's Agreement ?

  • September 28, 2013 at 5:18 pm

    There is a very simple explanation for all this. The City has probably been informed by Roger Smith’s attorney that they are aware of the contrived videotaped investigation that Port Orange Police Department was directed by the State Attorney’s office to perform on whether there are any criminal charges to be filed on Roger Smith. Smith’s attorney has probably demanded the investigation transcripts and video recordings at the conclusion of the investigation. If you were a fly on the wall at those police interviews, as certain people were, you would have found that the individuals that were interviewed were guided in their questions to focus on Roger Smith only. They were probably discouraged to introduce any evidence they might have of conspiracy, collusion, or other participants in similar activities that Mr. Smith was involved in. The city and the police simply did not want to go there.
    The police probably encountered two or three honest people that had more to say then they wanted to hear. There was probably testimony that was brought forth that could prove collusion, complicity, and participation in the same offence by other administrators. A particular city official may have been exposed for certain complicity. Testimony that if followed up on and investigated honestly would probably expand the case and reveal a more pervasive culture of what Roger was being accused of. A possible cover up might be exposed that goes right to the city manager’s office and that might include the mayor. Key administrators could be exposed as being integrally involved in a cover up. Testimony that was given probably revealed key people that should be called in and questioned that could corroborate these things. Right now numerous individuals know that the police did not call in these witnesses for questioning that would have corroborated many things that would expand the investigation. A number of individuals wanted to be called in that were revealed so that they would be covered under the State Whistleblower Statute under testimony. This would give them a flak jacket to provide them with protection from administrative reprisals and railroading while all the testimony was sorted out.
    The city manager and the city attorney probably know this and understand what the ramifications are if Roger Smith’s attorney analyzes the investigation transcripts and finds that a whitewash investigation has been conducted in order to target him while protecting other malefactors within the current administration. Hopefully the majority of the city council is not complicit in this and that they realize this before Tuesday night. Two things the council should do on Tuesday night if they are not complicit in a cover up. One is that they should definitely not vote to sign this settlement agreement with Roger Smith because this will open up a Pandora’s Box that will be unimaginable. The other thing they should do is make a commitment to expand this police investigation, insisting that any & all witnesses are called in, and see if they can turn this investigation over to FDLE. If they do not do this on Tuesday night the public will know that they are in on a cover up. I will afford the council the benefit of the doubt and hope that this is not the case. Everyone is watching.

  • September 29, 2013 at 10:57 am

    Dear Council Members:
    So made a mistake,.. a bad judgement call in hiring Greg Kinsela. The right thing to do would be to admit it…the citizens of Port Orange won’t hold this against you. After all we are all human and prone to errors in judgement. and for the most part you are all doing an excellent job of representing our city.
    Things will continue to run…business as usual with the competent staff you have outside the city manager:s office who for the most part have been running things all along. You can then proceed to hire another manager, hopefull doing a full background check before doing so.
    This situation has gotten way out of conrrol and need to have as stop put to it before more damage is done to the reputation of Port Orange.


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