"Does he not understand he is addressing volunteers who donate their time willingly …… and not a bunch of prison inmates."

Vice Mayor  Burnette,
I have 2 concerns  with this transmission  from Manager Kisela and would request your immediate attention to  same .
1)   Kisela Cover Letter of  Jan 31st 2014
 What is wrong with your Greg Kisela.    Are the phrases  “ intended to provide guidance”  or  “ we have to comply with”  or    “ we need your cooperation”   foreign to  his  vocabulary.
Does he only know how to bark imperial commands.

  •  *-  “Members  shall utilize only……”
  • *- “ Members  shall immediately forward ……within seventy two hours…..”
  • *-  “Members  shall within 5 business days  …. forward ..… full and complete copies of all  documents, papers …..”

Does he not understand he is addressing volunteers who donate their time willingly …… and not a bunch of prison inmates.
Rarely have I seen such  disparaging and dismissive comments directed at volunteers and elected representatives of the people by an employee, AND make no mistake  Council is  as bound by his transmission as are Advisory  Board Members,  AND Kisela is most defiantly Council’s employee.
When do you intend holding Kisela and his staff accountable for their  indiscretions ?             
2)   Policy 1-44     Electronic  Info ……For Board Members       ( Effective 1/1/2012  Revised January 2014 )  
By  Charter,  the Manager is responsible for supervising his employees only.  Revisions to the City’s Administrative policy that effect those employees,  Council,  and the advisory Board volunteers who serve at Council’s pleasure,  must be approved by Council.    Did that happen in this instance ?
I suspect it did not,  AND  I would tell you that once again Council has been remiss in its  failure to more properly define the limits of the Manager’s authority  since at least the sweetheart $ 500,000 bonus  retirement deal the former manager brokered with his CFO.
This   “board member policy” and the Manager’s authority to direct the actions of Council’s appointees  is in need of serious clarification,  And if  his actions have not  been approved by Council  them I would ask that it be held in abeyance and those  copied in his  transmission be so advised.
I am sick and tired of the Manager and his staff ignoring City Policy with impunity whether it is:  Finance applying for and accepting grants without Council approval, or failing to reconcile City bank accounts for most of last year,   Community Development  with their willful ignorance of the disappearance of a forest from under their noses,   Public Works failure to observe Florida driver license, vehicle registration and insurance statutes, or their willful abandonment  of the City’s street resurfacing program without ever advising Council,   to  Parks and Recreation’s failure secure the City’s parks and recreation facilities at night.
Vice mayor  Burnette  exactly when will enough be enough ??
Ted Noftall

From: Fenwick, Robin [mailto:rfenwick@port-orange.org]

Sent: Friday, January 31, 2014 4:53 PM
To: Laney, Sonya; Joe Fazzie; Mark Schaefer; Ted Noftall; Corey Berman; Jack Wiles (jackwilesrealtor@gmail.com); Ivan Cosimi; Debbie Connors; summer-c2@bellsouth.net; wwilcox11@cfl.rr.com; lkelly@ritcheyautos.com; TroupFinSv@aol.com; Mellon, Mike (mmellon@evacamb.org); Luther Davidson (LDavidson@qlha.com); Newton White; Sean Maroney (s_maroney@yahoo.com); bblais@qlha.com; tim.thompson@richselectric.com; davisg@codb.us; dpyoung72@att.net; James Meadows (jmeadows55@gmail.com) (jmeadows55@gmail.com); paul_minshew@doh.state.fl.us; Suzanne Grubbs; pklema@cfl.rr.com; dpyoung72@att.net; derekopoly@aol.com; rshook5@cfl.rr.com; shirleyww57@hotmail.com; rrcrotty@cfl.rr.com; gbennett34@cfl.rr.com; shetrick@cfl.rr.com; Mark Bowling (bowlingme@aol.com); John R. Cameron, Jr. (Sjj821@bellsouth.net); campbem@daytonastate.edu; Aimee Bischoff (aimbob2@aol.com); ‘Maria Mills Benet’ (agourmetaffaircatering@gmail.com); Michael Collins; Ben Talluto; Suzette Blahnik; bravesbballfan@aol.com; Kristy Kim; Carli Turngren; Courtney Fenwick (courtneyandfish@yahoo.com); sammibabiez@yahoo.com; bailey.heat@gmail.com; paperscott@gmail.com; marina-avellino@aol.com; katarinaf86@gmail.com; ucfiscool@aol.com; john bogdanoff (jbogdanoff@cfl.rr.com); lbramerel@yahoo.com; dexter copp (dextercopp@watsonrealtycorp.com); stevencjohnson@bellsouth.net; mmartin65@cfl.rr.com; Jim Wetherell (JimW@donbellsigns.com)
Cc: Kisela, Greg; Lewis, Shannon; Gutierrez, Theresa; Abbate, Barbara; Roberts, Margaret; Jones, Matthew; Steinebach, Donna; Green, Allen; Burnette, Don; Bastian, Drew; Kennedy, Dennis; Ford, Bob
Subject: New Email Addresses for Board Members

Good afternoon all:

 Please see the attached letter from City Manager Kisela and the Electronic Information Systems Use Policy for Board Members. The acknowledgement form must be signed and returned to me as soon as possible. Also attached is a list of each member and the new email address being assigned to you.
You may go to: http://mail.port-orange.org to log into your e-mail box. Once logged in, it is extremely important that you change your password. You can do this by clicking ‘Options’ in the upper right-hand corner, and selecting ‘Change Your Password’ in the drop down box. The password will be required to meet our complexity requirements (Minimum 8 characters, upper case letters, lower case letters, digits and/or symbols). Please contact me directly for your password. Please do not hit Reply All.
Please be advised that the email you all received from HR with a similar Policy and acknowledgement form is incorrect. That one was the employee policy. Attached is the correct policy for Agency, Board, and Commission Members. Please read it, sign the acknowledgement form and return it to me along with any public records you may have in your possession pursuant to Mr. Kisela’s letter.
If you have any questions, please contact me.
Have a great weekend.




2 thoughts on “"Does he not understand he is addressing volunteers who donate their time willingly …… and not a bunch of prison inmates."

  • February 3, 2014 at 3:32 pm

    I would like to add my concerns with this to the list. Any of the appointed board members and council which I frequently speak to have had little to no training on the sunshine law. With the mandate from the manager if it is in fact proper to be sent out without council approval and given the harsh verbs. It is unclear what communications would be required to be forwarded to the listed address, and what documents should be copied.
    As Mr. Noftall points out we are not paid do not have access to city photo copiers, printers or scanners not to mention the time. If the manager would like every city document I have, I think the clerks office charges $0.15 a page and hourly rate for research should I need to scour my computer files and email archives for specific communications.
    I will be returning my signed form and intend to use my city address as it will relieve some keeping of records. As well will be be given IT assistance to add this account to my email and phone?
    Please clarify the exact nature of what will be required.
    Newton White

  • February 3, 2014 at 5:00 pm

    As I’m sure you are aware, the Florida Constitution establishes a constitutional right of access to public records.
    Public records are defined in Florida Statute Section 119.011(12) to include:
    “All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.” (emphasis added)
    We are attempting to preserve those public records that our Board Members may have. As you said, you’re not employees and; therefore, don’t know the retention periods for public records. That’s where I come in. That’s precisely my job.
    Records that have been sent to or from a City email address are already being preserved. You do not need to worry about those records. However, if you have used other means to communicate with anyone “in connection with the transaction of official business” of the City of Port Orange, those records need to be preserved and should be provided to me. I will be happy to make copies or scan the records for you. Just coordinate a mutually agreeable time with me.
    As for Sunshine Law training, there hasn’t been any training available from the State as in previous years. My office and the City Attorney’s Office attempt to meet with new members/Boards shortly after appointment to discuss public records and the Sunshine Law. I also try to meet with each Board on an annual basis to provide a refresher course for Board Members. We are always available for questions and concerns.
    If you need assistance in setting up your email address, I’m sure City Staff would be happy to assist you. Just let us know what you need.
    Thank you for your email and if you need anything further, please do not hesitate to contact me.


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