The Hair Of The Dog

Joel Chandler has started a new blog named FOGWatch. Florida Open Government Watch.


What has intrigued me about the stories that Joel has shared regarding public records requests is how similar his experience has been to that of those who try to advocate for children with disabilities. You would have to read all of his posts on IAmTroublemaker and read all of the links that give first hand information how some public school officials disregard some of the laws that they are supposed to enforce to see what I am talking about.

Today, Joel has a blog post titled "Hair Trigger". Apparently, he has been accused of "filing law suits" at the drop of a dime, or maybe it it is at the drop of $23.50.

This accusation resonates with me because, in the past, I also have been accused of "always filing lawsuits" and belonging to an organization that "all they do is file lawsuits." Those people make false accusations because they are ignorant of the Individuals with Disabilities Education Act (IDEA)and the procedural safeguards that are written into the regulations. "State Complaints" are not "lawsuits."


Similar to what Joel speaks directly to below, IDEA also has a provision that attorney fees can be awarded to a parent that brings a due process suit against a local education agency and "wins." Similar to what Joel speaks directly to below, in order to "win" your attorney fees, you must "file a lawsuit." If a parent goes to an attorney because there is a problem with the Individualized Education Plan (IEP), the parent is going to have to pay this lawyer. Up until the point that the parent actually wins the due process, they are paying on their own. Despite how "wrong" a school district is, they, the school systems, are not faced with having this additional cost of keeping their position. Most parents are pretty vocal about their anger towards school systems, and will inadvertently let the District know that they have finally had enough and are "going to sue", at which point the District can concede some point, which starts the process over again. In the mean time, the parent is paying out of pocket attempting to obtain what should be a "free and appropriate public education."

Parents and attorneys that have years of experience see that school systems treat parents and attorneys as suckers because no one likes to "file a lawsuit" at the drop of the dime, or is it the split of a hair?

The reason I choose to say that school systems treat parents and attorneys as suckers is found in Joel's very last sentence below: "the requester foots the bill for making the custodian do what they should have done in the first place."

Hair Trigger: "It may seem to the uninitiated that we have a bit of a hair trigger when it comes to public records litigation. After all, over the past couple of years we’ve filed an average of one public records lawsuit every other month.

Here’s the logic for our willingness to file lawsuits:

•Under Florida law, requesters who have been denied access to non-exempt records have no real recourse except to ask the courts to intervene.

•Under Florida law, requesters that take legal action against the custodian of a public record that violates FS 119, are entitled to legal fees and expenses if the case is settled in favor of public access.

•Under Florida law, financial liability does not attach to the custodian until a lawsuit has been filed.

•Under Florida law, if a requester hires an attorney to try and cajole the custodian of a public record to obey the law and the custodian complies before a suit is filed, the requester is left holding the bag for the legal expenses. This happens far too often. A private citizen seeks access to non-exempt records; the custodian of the records denies access; the requester hires an attorney to compel access; just before a lawsuit is filed the custodian complies with the law; the requester foots the bill for making the custodian do what they should have done in the first place."

Citizens Have To Be Brave To Be Free - Public Agencies Just Have To Be Brazen And Not Follow Their Own Laws

The law says we, the citizens, have the burden:




The Rationale: "•According to the Governor’s Commission On Open Government Reform “In practice, the burden of enforcing violations of Florida’s open meetings and public records laws generally falls to citizens who have few alternatives other than seeking an injunction or filing suit in civil court to compel compliance.”"


Who watches us, the citizens, when we follow the law?

Joel Chandler writes:

Email to Gerald Bailey, Commissioner of the FDLE Regarding Suspected Abuse of FCIC/NCIC: ......."During our conversation I explained to Mr. Taveras that the ZPD inquiries of me in response to a public records request were not isolated events. Over the past eighteen months or so FCIC/NCIC has been accessed at least forty-three times by multiple agencies in order to run queries of my name. When the date and time stamps of those queries are compared to news reports about my public records advocacy and the public records requests a disturbing nexus becomes obvious. Of course, during this period of time I have not been the subject of a traffic stop or any other actual criminal investigation."


And then, there are those who watch from afar:

Everyone Is Welcome to Visit www.FOGWatch.org: "Here are some of our governmental visitors:

United States Senate, US Department of Homeland Security, US Department of Energy, the National Security Agency (NSA), US Army Intelligence, US Naval Intelligence, Florida Department of Children and Families, City of New Port Richey, City of Zephyrhills, Broward County Public Schools, Florida Department of Health, City of Lakeland, Polk County Sheriff’s Office, and of course one of our most frequent visitors, the Zephyrhills Police Department."

Learn This: "Does It Matter?"

I don't know Joel Chandler, but I have written about him before. I haven't checked his website for a while, but for some reason I decided to check it yesterday. He hasn't posted anything for months, but he is back at it again.

One aspect of what Joel writes about resonates with me because of how some people within the Hillsborough County District Schools treated me over the years. If you read the recent set of Joel's blog entries, you will note that he tries to bring to light the issue of how at a least a few of those in power positions such as those who work in law enforcement and school systems seem to disrepect the laws and the citizens that they are supposed to be serving.

My understanding of what he writes is that he does not make a blanket condemnation of all of those who work within the system. However, the fact that the system seems to tolerate by rationalized reasons and lack of action those within the system that appear to be repeat offenders should give us cause to think that it matters.


What brought me to spend thousands of dollars and hours over a span of fifteen or more years of my life trying to advocate for my disabled child was being lied to and intimidated by those within the school system that had a cavalier attitude about the special education laws that they were supposed to be in compliance with.

I like the phrase that Joel uses when someone uses their position of assumed authority to ask questions that are aimed at intimidation more than fact finding. The question is, "Does it matter?".

Polk County Sheriff's Office Asks Odd Questions....:

"Within a couple of hours Public Information Officer Wood called to ask if I was a member of the media. I asked “Does it matter?” She replied “Yes, it does.” She went on to explain that many law enforcement records are exempt and that she needed to know if I was member of the press.

It is true that some LE records are exempt. The list is not as all encompassing as Ms. Wood was trying to make it sound.

I told her that I was making the request as a private citizen as provided by the Florida Constitution and FS 119. She again asked “Are you a member of the press? Are you a member of the print media or a news station in Tampa Bay?”

What possible difference would any of that make? The “Press” is not afforded some special set of public records privileges that the rest of us are not. To even ask seems inappropriate. I’m making a PRR because I can. That’s it. I’m not asking because I’m part of a group or because I make living in a certain way.


Public officials should not ask questions about the requester of a public record. They should do their job and produce the records. If that is too demanding then they should seek to change the law or find another line of work."

To see first hand how Joel asks this question, watch the video found here:"...free enough....": "'...free enough....'"


After reading the other recent blog post's by Joel, it does give one reason to question the very ones that are sworn to uphold the law, and their own policies.

We should all be asking "Does It Matter?"!!!

Entrenched In Keeping The Public Out Of The Public School System

Joel Chandler has taken on the school district of Pasco county. From my perspective, this all started because the Superintendent said the District's actions were an "aberration", another word for "isolated incident". This turned out to not be the case, and, as they say, the rest is history.

In the beginning....


Joel has updated his list of media articles.

The Press....<


This link is interesting for those who think that school systems abuse their power and are cavalier in their dealings with the public.

Florida's Public Records Law: An Unmistakable Message The Ledger | Lakeland, FL:

"So now it's the School Board lawyer's turn in the barrel, and deservedly so. Hill needed a two-by-four to get Bridges' attention - and the attention of Bridges' bosses."

"A better tactic would have been to comply with the law and then seek a change to exempt information Bridges was uncomfortable releasing, which is now under discussion by the Legislature. Instead, taxpayers' dollars were squandered on legal fees for a cause that was clearly a loser. That's no way to build public trust in institutions now struggling more than ever for tax dollars in a shrinking economy."

There is that word "trust". Joel also provides a link on his post "hanging by a thread" which provides the names of many other entities, both individuals and companies, that exercised their public records request without such a fuss. However, the process may have had a kink in it, for apparently the District's practice of asking entities to sign a third party non-disclosure agreement is not appropriate.

It sure smacks of power and control running wild and bulldozing over anyone in the way. They have an image to protect. Laws be damned.

Our Education System Rocks - Part Two

Somewhere on one of my many rants and raves, I wrote about my opinion that, when dealing with "the system", when things "don't make sense", the real decision maker is not "sitting at the table". I often wonder who is really "in charge" of the system and "information".

If one has watched the news on political scandals for the last twenty years, you should know that the "cover up is worse than the original offense". However, it takes a heck of a lot of work and perseverence to get to the truth. It appears we now have an issue that has been brewing within the state education system.

Joel Chandler has a lot of information on his blog, and it is imperative, for one to understand the significance of any of the "isolated incidents", to see how the issue is not limited to one county.

The short story is that Mr. Chandler made a public records request to a school system. The fact that he was rebuked and the manner in which he was rebuked has led to much more than anyone could have ever imagined.


There is something to be said about the arrogance, ignorance and abuse of power and authority within public education systems.



School Board Lawyer Faces Charges | theledger.com | The Ledger | Lakeland, FL:



"BARTOW | Prosecutors charged Wes Bridges, the Polk County School District's lawyer, Friday with violating the state's public records law."

"A State Attorney's Office investigation concluded Bridges failed to release records to the Lakeland man within a proper amount of time. Chandler, who sells copy machines, filed his request Feb. 5, 2008.

A complaint affidavit explains that a "pattern of delays" and taking months to comply with records requests "can constitute an unlawful refusal to provide access."

Bridges faces a first-degree misdemeanor charge, which carries a maximum penalty of one year in jail and a $1,000 fine. He received a summons to appear in court at 8:30 a.m. on May 13 in Bartow."

For a complete source:

I am....

This one is a must read:

Answer the question....

Did I Previously Make A Comment About Controlling Information To Maintain Power?

For those who have not benefited by the personal experience of being involved in power and control issues with a government agency, the below links provide an insight that most of the trusting employees and public do not get to see very often.

If you comprehend the information that is provided in the links within the below links, you will see what happens when a knowledgeable citizen attempts to exercise an action that is legally sound. It is difficult to understand how a legal representative of one government agency could apparently disregard sound legal advice from another legal representative and also act contrary to a Circuit Court's order.


But if the copies of these documents are true, it paints an interesting picture:


Oh, what a tangled web we weave....


Troubled Waters....

In the meantime, the rest of us just simply trust the professionals.

Do You Trust The Gatekeepers While They Are Selling The Keys?

Joel Chandler may be doing exactly what has been done many times before.

The only difference may be that Joel was outed.

Joel was outed because the school systems made it public that Joel was being a "troublemaker". A few school employees took this premise and have gone to great lengths to out Mr. Chandler using the same access to public records that is afforded to all citizens. There has been some posturing by some Legislators to address what has been construed to be an apparent appalling misuse of the public records request law. The efforts so far just seem to be the half hearted kind. The point has been made that if school systems truly thought this was wrong minded, the school systems have plenty of clout to bring change. But we don't see this.

Maybe this "appalling misuse of the public records request law" may be a fabricated charge perpetuated by the system and unwittingly carried out by some emotionally charged employees simply to change the focus of attention on the fact that Mr. Chandler's actions are perfectly legal, and that any entity can do it. And perhaps these entities have actually done the same thing that Joel has done, but the system does not want it outed.

In the below link, you can find this:

"Ned Julian" 11/3/2008 7:59 AM >>>


.....Interestingly, Mr. Julian is the staff attorney for Seminole and the President of the Florida Association of School Board Attorneys. Why did so many districts take a position that even their Association President described as “clearly contrary to law”? Mr. Julian’s comments validate my contention that I did not waste taxpayer funds, but the districts that decided to take an unlawful position did. It’s too bad that so many districts decided to ignore his sound legal advice."Message in a bottle....

One of the accusations against Mr. Chandler has been that after he gets all of the names and addresses of all of the people covered by the public school health insurance policies, he is going to market this data for profit. Are we to believe that Mr. Chandler is the first entity to recognize this strategy?

What Mr. Chandler did was not only strongly supported by the courts previously and subsequently to his law suit, but the e-mails that he has posted from various school systems demonstrate that they also knew his request was legal but they ignored it anyway.

How are we to trust an entity that flagrantly ignores the law? Are they in bed with some one's ole' lady while Joel is getting in their bed?

Keep following Joel's blog as there is obviously more making of trouble that will be exposed.

Public School Professionals At Work

I will leave it to others to debate the true motive of what Mr. Chandler's quest is. I have read all of his posts and as many links as I can find that are related to this issue. I have read many public comments that support and attack his actions. The fact that there is a question about his motives adds to the emotional energy of those who oppose his actions.

As far as I can tell from the research I have done, Mr. Chandler is operating well within the parameters of the existing law. I can understand why the law may need to be changed. As far as I can tell, the manner in which he was cavalierly and arrogantly rebuked by the public school systems has resulted in something far greater. In other words, the whole in now greater than the sum. I can vicariously relate to this mindset. I wonder if he has ever been labled an "isolated incident", "broad-brush attacker" or a "malcontent".


For those who are interested in how the public school systems operate, his blog promises to shed a lot of light. After you read this link, check out the other posts.


Oh....

Is "Power" Obtained By Keeping Outside Influences Illegitimate?

One way to not have to defend your self is to not acknowledge the entity that is trying to "gain power" over you. Depending on the circumstances and the relationship between you and the "power", simply ignoring it may work. Or, it may make matters worse.

I got to this place because the local public education system used different tactics to render me illegitimate when I wanted to "exert power" to change the course of events that I objected to. I have used the words "cavalier", "obfuscation" and "arrogance with ignorance" to describe my perception of how the District dodged the real issues.

While ignoring "the law" assuredly saves the District's money, being caught at ignoring "the law" can be costly:

Wrightslaw - Special Education Law - Whitehead v Hillsborough:

"Florida Jury Awards $600,000.00 to Parents of Handicapped Child
School District Failed to Provide FAPE; Retaliated Against Parents and Child"

NAPTA: TEACHER STORY, Doug Erwin, Florida:

"After nearly three days of deliberations, the jury awarded Erwin at least $175,000 in damages for emotional pain and mental anguish. He could get an additional $196,000 in salary for being pressured to retire 18 months before his scheduled retirement date of July 31, 2003, his attorney said."

I have said all of that to bring attention to what can happen when a school District ignores a public records request.

Polk Schools To Pay $25,000 in Legal Dispute | The Ledger | Lakeland, FL

"The $50,000 in legal fees spent during my fight with the Polk County School Board was the result of their having “acted contrary to law.” Certainly, taxpayer funds were wasted - by the PCSB (subsequently, the Duval County School Board wasted taxpayer funds doing the same thing). I find it curious that some folks think I’ve wasted the money when all I have done is to seek access to records that EVERY citizen is entitled to. Using the same logic marchers on Selma wasted taxpayer funds when the State Police beat them and used tear gas."

(Blond Moments from the Blogosphere...):



The lawsuit...:

"...Obviously, Mr. Conner [PCSB attorney*]acknowledges on the record that the PCSB knew that there was no basis in law for denying my request. Further, he admitted, on the record, that the only reason the PCSB did not produce the records was that they did not want me to have them."

"I believe this is the “smoking gun” regarding the criminality of the actions of the PCSB and Gail McKinzie. They knowingly refused to comply with a legal request for non-exempt public records. They knowingly frustrated my efforts to see these records even though they knew I was entitled to them. Their actions were conscious and deliberate. It seems clear that with the benefit of counsel and months of planning they orchestrated a series of hurtles and roadblocks to my obtaining these non-exempt records." -Joel Chandler

***************
What intrigues me with this information is that it bolsters my opinion that public exposure is the Achilles heel of the public school system. If legitimate concerns that are brought to them are obfuscated or kept illegitimate, what other recourse does anyone have? I am also curious as to who makes these decisions to obfuscate the issues.

* (my edit)