Once again the taxpayer has been cheated. We’ve paid for competent and professional oversight and gotten more grade school recordkeeping!
The Nuremberg trials are widely regarded as the most important of the 20th century. The unequivocal rejection of the Nuremberg defense ” I was following orders ” or ” my boss told me to do it ” by American judges in favor of the simple standard ” did the accused know their wrongful actions caused harm ” will likely be a guiding legal principle for generations more to come.
While the Nuremberg defense is dead as a door nail in legal proceedings throughout most of the free world, it is alive and well in ICMA controlled cities such as Port Orange.
Recently in Port Orange several licensed professional engineers who were employed to safeguard taxpayer interests failed to do so, such that taxpayers have no way of knowing if they were overcharged for work performed or deleted because recordkeeping for the contract in question was sloppily administered and poorly documented. This is not just my opinion It is the written opinion of Manager Harden.
Having recognized that taxpayer interests suffered from mis-feasant actions on the part of those experienced P.E.’s whose professional training and ethical standards and the many years of experience they each had in administering Port Orange contracts, THE logical and required action for Manager Harden to take would have been to discipline those P.E.’s appropriately.
BUT NO THAT DID NOT HAPPEN, AND if Manager Harden’s decision is not overridden by Council they will never be disciplined because Manager Harden has invoked the “Nuremberg defense ” on their behalf.
That is right Manager Harden is exonerating them because those P.E.’s told him they were doing what former Manager Kisela told them to do. They were just following orders.
Assume for a minute that is the case and that their statements are not totally serving and un-verifiable. Even assume that Kisela would be stupid enough to admit under oath in a recorded deposition that he told those engineers to NOT adequately safeguard taxpayer interests. Does that excuse their actions ?? Not according to the principles established at Nuremberg ?
According to those Nuremberg principles they would need to receive some measure of sanction for actions they knew to be mis-feasant and harmful to taxpayer interests.
Now it becomes what will Council do …… Or more precisely what will Councilmen Bastian and Stiltner do, because while it is widely understood that Councilman Ford favors appropriate sanctions be levied, it is likewise widely understood that the Mayor and his planned successor Councilman Burnette could care less about holding anyone responsible or accountable for anything.
What say you Councilmen Bastian and Stiltner – Hold those P.E.’s accountable OR give them another pass ??
for responsible government – 2016