What’s Going On at Port Orange City Hall?

cityHall

Un-authorizied use of City seal – by Councilman Burnette

….

To Jake Johannson, City Manager

Manager Johansson  I have 3 simple questions,

They go to the core of your professional responsibilities and challenge  your commitment to  an open and transparent administration.

1)  Why isn’t the  Attorney’s report on the Use of the City logo that is to be presented  at tonight’s council meeting noted on the agenda along with the source material in support of same ?  

2)  Why  was  tonight’s meeting not called as a special meeting where  Council action could  be taken,  but rather as a workshop where  Council action is not authorized.

3) Why should residents  believe anything other than   —  Neither you,   the Attorney,  the Mayor or Council intend taking any timely action  regarding Councilman Brunette’s  Un-authorized  use of the City seal  on his campaign flyer.  

 

The benefit Burnette has gathered  through his  un-authorized  use of the City seal  in convincing seniors that he is the  “official  city endorsed ”  candidate for Mayor,    if not mitigated   by Council  action will  forever taint the 2016 election  by disadvantaging  the other two candidates,   and further stymie Port Orange’s efforts to retain its good reputation.

Further inaction will also leave Port Orange open to various Florida Election Commission charges  as Municipalities are not permitted to make  political contributions  — De-facto in-kind  or otherwise.

It will also encourage other un-authorized use  of the City seal  as people quickly realize that if  Burnette is not sanctioned  then neither will they.

 

Regards,

 

ted2

Ted Noftall

30 Opinions on “What’s Going On at Port Orange City Hall?

  1. Mr. Johansen isn’t the one to deal with a claimed violation of a Florida State Statute.

    You need to contact the State Attorney’s Office and let them investigate and make a decision.

    Quit busting the city’s chops and see if your claim has true validity.

  2. Mr Noftal what would you do if elected to Mayer of Port Orange? Why are you asking the city manager about violations which he has no control over? Your asking him questions as if to say he should investigate the issue, when he is the person working for council. Did you send the email to him so you could try to make him look bad? I truely believe that your question is for council, the mayor, and even some lawyers if you think he is doing something wrong. If I am interpreting this wrong I apologize to you.

  3. Mr. Noftall, it’s interesting watching you use this blog to score cheap points for something you have and are still doing yourself…but you don’t want to address that, do you? Hypocrasy at its finest.

  4. Concerned and Omg–Merriams defines “doofus” as: a stupid, incompetent, or foolish person.
    You doofuses should start by reading Section 2-3 of Port Orange’s very own Code of Ordinances. It can be found at:
    https://www.municode.com/library/fl/port_orange/codes/code_of_ordinances?nodeId=PTIICOOR_CH2AD
    In it you will find the City’s (not the State’s) regulations concerning the use of the municipal seal. If you read further on in that same Code you will find who is responsible for enforcing the City codes and ordinances. I’ll give you a little hint–it is NOT the State Attorney.
    Guzzi–What are you talking about? What is Mr Noftall doing? Talk about cheap–all you are is talk.

    Who are you guys, anyway? Or is there only one of you in the “counterintelligence” department?

  5. How ridiculous, unprofessional and completely disgusting to resort to name calling. Everyone is entitled to their opinion and should not be subject to ridicule and name calling just because you happen to disagree.

    If their is opinion is based on factually incorrect information then correcting that inaccuracy is fine but ridicule and name calling should never be tolerated.

    Having factually inaccurate information may make one misinformed but it does not make one stupid, incompetent or foolish. Resorting to name calling and ridicule is however foolish at best and downright bullying at worst. Unfortunately this is not surprising given the source of these types of comments.

    • Awww…………”Doofus” is a pejorative term that in my mind conjures up a vision of a Jethro Bodine type of guy without Jethro’s genial nature. “Stupid” is simply slow witted, as in someone who attacks Mr Noftall’s email without referencing anything in it. “Incompetent” is not being equal to the task at hand, as in someone incapable of reading, understanding, and commenting on Noftall’s three questions. “Foolish” generally means lacking in good sense, as in someone who realizes they have factually incorrect information AFTER they shoot their mouth off.

      Is the plural of doofus, doofae?

  6. Very interesting that you chose the word pejorative as that word is defined by Merriam-Webster as a word or phrase that has negative connotations or that is intended to disparage or belittle. Thank you for making my point as to the name calling and ridicule.

  7. So the Council approved to spend $5,000 bucks for outside counsel for an opinion on this ?

    5k ? Really ? What would 5k be better utilized for ? Street repairs ? Mowing ? Cop equipment ? Sidewalk repairs ?

    • I often times have great difficulty understanding the sensibilities of those of you who use pseudonyms for all of your communications.

      To be clear Council did not hire Attorney John Connor to get an opinion on anything not with-standing the Assistant City Attorney’s obfuscation regarding ” public record matters and complex public records issues ” Florida’s open government laws are amazingly simple to follow — absent an exemption in Statute requested public records must be produced.

      Mr Connor’s own website advises that he specializes in the defense of municipalities. In Mayor Green’s own words ” We have to be able to protect ourselves ”

      Port Orange government knows that in failing to enforce their own Ordinance against one of their own they screwed-up and now they have ” Lawyered-up ”

      Port Orange government encores a multitude of ordinances against ordinary residents every day of the week often at great personal expense to those residents

      BUT rather than enforce the “seal ordinance ” they passed they would rather spend taxpayer money ” protecting ” themselves from not following their own law.

      Two further issues
      1) While one councilman bemoaned – what a waste to spend money ($5,000) on that stupid stuff. NO comment what-so-ever was made by any member of Council regarding the near $ 400,000 expenditure Council approved on consent in that same meeting — to survey City ditches.
      .
      2) As both of these matters ( Lawyering-up & Ditch surveying ) were approved without public comment by Council they were likely worked out in yet more private meetings.

      DOES ANY OF THIS BOTHER ANY OF YOU GHOST WRITERS ?

      Ted Noftall

  8. I can’t believe that TED and MIKE are costing the city $5,000.00 in attorney fees, because of a complaint they filed against the city and council. All they are doing is political grandstanding, it’s really sad that they are forcing the city to waste money.

  9. Let’s hope that either Ted or Don will man up, and reimburse the city for these legal fees (depending on the outcome)

    But not holding my breath.

  10. I guess some people on this sight call people names and belittle people to make them selves feel better. It seems that’s the route to go for a select few here. I am glad you informed us all about the ordinance. I also would like what Mr Noftal is going to do if elected. I have heard nothing but make everything transparent not anything else. Will he bring back warren pike like he suggested before on this blog? What will he do?? As far as who I am, I am a citizen of this city. Hope that satisfies your curiosity. I do think the name calling is a type of bullying to try and get people not to post on here, or to make them afraid to post their opinions. I did if you notice say if in my last post if i my interpretation is wrong I apologize. Of course that led to name calling from some one on here.

  11. I have read the ordinance seems like it’s at a minimum council or the city attorney who should investigate, not the city manager. It is my interpretation so again I don’t think the city manager is the one that should be questioned here.

    • Well Mr or Ms Omg I have 2 questions for you

      1) If the Manager is not responsible for enforcing the City’s ordinances then who is ?

      2) Is Ordinance 2012-18 ( Use of City seal ) somehow a different kind of ordinance such that the Manager is not responsible for enforcing it ?

      Ted Noftall

  12. Ted : You never answered two questions :

    1. Why was this not pursued via state statue with the State Attorney’s office ?

    2. If the ruling is not in your favor, will you reimburse legal fees to the city ?

  13. 1 ) Decided to have the City deal with its own ordinance first. The SA may be brought in later.

    2) What ruling that may not be in my favor are you talking about ?

    Now how about answering the 2 questions I posed.

  14. Apparently they feel there is some question or ambiguity regarding the use of the city seal. That or they are afraid to make a ruling on how it was utilized. Thus now we have an outside attorney involved to make a ruling so nobody within the city has blood on their hands.

    So Mr Noftall, should this outside attorney rule that the seal was not misused and the ruling is not in your favor, will you reimburse the legal fees to the city ? If they rule it was used improperly, will Councilman Burnette man up and reimburse the absurd legal fees ? Why did Burnette not abstain from voting in favor of hiring this outside attorney ?

  15. Sorry Concerned Citizen the way this works is that if you enjoy this dialogue and wish it to continue then I answer your questions AND you answer mine. The ball is in your court.

    1) If the Manager is not responsible for enforcing the City’s ordinances then who is ?

    2) Is Ordinance 2012-18 ( Use of City seal ) somehow a different kind of ordinance such that the Manager is not responsible for enforcing it ?

    • And THAT Mr Noftall illustrates the arrogant attitude that will preclude you from attaining political office !
      THAT’S HOW THIS WORKS !

      • I think the real issue is as taxpayers and American citizens do we have any respect for the integrity of the political process? Clearly, as a long time councilman and a previous vice mayor, Don Burnett knows that it is a misdemeanor carrying a penalty of either a $500.00 fine or 6 months in jail for using the city seal in one’s personal political campaign.

        Don Burnett claims he did this inadvertently, but if you check around you will find that he previous to this infraction took out a large political add in a coupon book with a picture of himself prominently displayIng the city logo seal on his lapel.

        It is a no brainier that Burnett did this intentionally and should at the very least be responsible for that $500.00 fine if not doing 6 months in the pokey.

        tHe problem though is that the political boost that Burnett will obtain from his illegal action far exceeds a $500.00 fine. Uninformed voters that do not know Don Burnett or Ted Noftall from a hole in the ground will be influenced by the implied message that the City of Port Orange endorses Don Burnett as its preferred political candidate thereby influencing uninformed voters to vote for him.

        If the city council and the City of Port Orange have one iota of integrity and any respect for the integrity of the political process, they need to send out an immediate mail out to all of their utility customers stating that Don Burnetts utilization of the city seal for his political campaign is a misdemeanor, and that the City of Port Orange does not endorse any particular candidate. The city should also take out an ad in the News Journal to this effect and ask the local news to televise that information.

        By doing all this, any unfair reward or bump that Burnett might receive from his illegal action will be neutralized by getting the truth out. This is the only fair thing to do for the voters and the political process. If the city council is not corrupt, than it is obvious that they have a fiduciary responsibility to ensure the truth gets out to their constituency.

  16. Wow cc spoken like the keyboard warrior you are hiding behind your chicken shit pseudonym.
    Your use of CAPS is most demonstrative.
    It must have taken you a long time to screw up that much courage.

    • Careful now, when the Mayor utilized a similar expletive term, you chastised him .

      I must have struck a nerve. By the way, ever heard of a Dale Carnegie course ? You might benefit from participating in one.

  17. CC Noftall is just a citizen that pointed out a crime that was committed and Don Burnette has a long history of this kind of lawlessness. Just go to the Volusia County Clerks office to see for yourself. He has the attitude of ask for forgiveness instead of asking for permission. If Ted were Mayor, I don’t believe he would have wasted that up to $5000. He would have governed and handled the situation regardless of who had done it.

    • And if Burnette is found at fault, yes he too should reimburse the city for the legal fees incurred !

      ^^^^Ted Noftall ^^^^ please read that !

  18. The Councilmen minus the Mayor go out drinking together. I have seen them. I believe it was back in December at the Brewery. The second time I saw them was minus the young one that sits to the far left. It was just the other three. None of them could penalize one another. I think they got each others backs. They seem to all be friends. I can see why they wasted that money to hire someone to make a decision for them because they don’t have the nerve to make the decision themselves. Oh well. Cheers!

  19. Concerned citizen–Maybe you heard something I missed at the Council meeting where they voted to hire outside legal advice. No one said anything about investigating Burnette’s misuse of the City seal. The facts seem pretty cut and dried–Burnette violated both Port Orange and State law. It also seems equally cut and dried what the Council wants to do about it–not a thing.

    The only reason they hired an outside lawyer is to see whether, by their failure to enforce the law, they have left themselves open to any legal consequences. If outside counsel tells them not to worry about it, we’ll never hear about misuse of the seal again.

    If I understand you correctly: when Burnette breaks the law and the rest of Council sweeps it under the rug you think Ted should pay for a lawyer to tell them it’s all OK because he pointed out the problem in the first place!?

    • Maybe Ted will need to defend his bigoted comments of calling “a spade, a spade” or maybe hire a “midget” lawyer. Nice comments from a supposed candidate who is offended by sh1t or he11 from Alan Green.

    • If it’s so cut and dried WHY hasn’t it been dealt with as a violation of Florida State Statute and the State Attorney been contacted ?

      My guess is that Ted is retaining this card when on Tuesday Burnette possibly wins in a landslide ? Then Ted cries foul and mucks the entire election process.

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