CRIMES PERPED BY MAYOR, OGC, COUNCIL EXPOSED BY DENTON CASE 01.01.2014

[DURWIN DAVIS]

On Jan 1, 2014, at 3:17 PM, [e-mail] wrote:

Dear Mayor, City Council, Media persons and others:      Yesterday's decision in the case of Denton vs. COJ and the Police and Fire Pension Fund (PFPF) is a victory for taxpayers, and the public, and good government, and a defeat for a scandal plagued PFPF, and city leaders who have showed their contempt for the law, and for the public.    It is more far reaching than you may realize.   Here are some of the implications:  

 (a)    You may not remember that I, and the Concerned Taxpayers of Duval County (CTDC), in 2011, filed a lawsuit against the COJ and the PFPF, concerning similar illegal conduct by the Peyton administration, that culminated in failed proposed ordinance 2011 - 400.   This lawsuit is greatly strengthened, and the City will very likely owe 6 figures in legal fees in connection with same, when the case comes to a close, likely later this year.   

(b) This 2011 case is important as it put the COJ and PFPF on notice.   In effect, I and CTDC via that lawsuit formally accused them of violating the Sunshine Law, and provided evidence of same.    The City and PFPF attempted to cause the judge to dismiss the Sunshine Law counts, but failed.   Yet, with full knowledge of all the docs and doctrine and of the risk they were taking, the COJ and PFPF went ahead anew, and committed similar violations of the law again in 2013.  Thus, the fact that they were found to have violated the law makes the relevant COJ and PFPF officials and lawyers especially guilty.     

(c) We now have these facts as to waste associated with violations of the law.      From 2010 - 2014, between all its losing cases - my public records lawsuit, the Kicklighter case, the Denton case, the Lee & CTDC case, and the Wyse et al case - the PFPF has wasted and will have wasted over $1 million of taxpayer funds all while breaking the law.   

 

Cindy Laquidara in turn, and Mayor Brown, have wasted large sums in knowingly violating the law.    I do not have those figures.  I suggest that City Council demand such an accounting.   Further Recommendations:  (1) Ask appropriate authorities to investigate and indict the leadership of the PFPF, and Robert Klausner, and perhaps others.    Request that a grand jury be convened?   

(2) Tell OGC in no uncertain terms to permanently ban the hiring of Robert Klausner.   No exceptions.    OGC hired him in 2013, and prior years, to do pension work, all the while he harmed the City and its taxpayers for his own personal gain.   The OGC ignored conflicts of interest and enriched a wasteful, unethical and inept lawyer, who has been the big winner in all these disgraces - hundreds of thousands of dollars per year in fees, year in and year out, paid by the PFPF and thus all taxpayers, all whilst his client, the PFPF, lost in court.    

(3) Consider acting, as City Council, or as the City itself, in complaining to the FL Bar about the 2 lawyers who have hurt the City the most in recent years - Robert Klausner and Cindy Laquidara.    A case could be made, if there is the will to make it.     Obviously, if you do that, you must, in order to make the complaint stick, fire them both, and make that stick.   

(4) Fire Cindy Laquidara, now.      She recommended, for years, that the City and the PFPF could, and should, violate the Sunshine Law.   She should have known better, especially as she researched the law carefully.   She should have cared about the Sunshine Law, which is sourced in the FL Constitution.    She should have resolved all doubts in its favor, rather than go along with schemes -  ruses - intended to violate it.    She has wasted much money, and she has shown herself to be far too malleable - "blowing with the political wind" - and not acting as ethical lawyers should.   

(5) Enact legislation, that I, CTDC and others have recommended, that would terminate the PFPF board of trustees, and cause  the PFPF and the related plan to be administered by the Jacksonville Retirement System.   JRS is set up to manage benefit payments and administer other city pension assets, and has a superior investment management record.   Mr. Keane is not needed at all - he truly has not been for some time - and has only harmed the City for years, while he has personally enriched himself - this year his base salary will reach $300,000, once his automatic 3% raise kicks in.   (His real pay is closer to $500,000/yr - don't forgot those big personal pension accruals, and his entitlements to extra leave and vacation because he allegedly works more than 40 hours per week.    Mr. Keane's pay packages in and of themselves show how all PFPF officials have breached their fiduciary duties - if you let the wrong people control over $1 billion in assets - bad things do happen.)   

(6) In the meantime, do not reward the PFPF board of trustees and Mr. Keane, for their waste and violations of the law.   Do not give them additional investment authority.   Do not contribute property to the PFPF.    The PFPF officials cannot be trusted.   

(7) Replace Mr. Bussells and Mr. Herbert as PFPF trustees, now.   They knowingly went along with the schemes to violate the laws that I have complained about.   They have done nothing to stop the PFPF being plundered and hurt.   

(8) Consider suing all PFPF officials, and Mr. Klausner, its long time general counsel,  for waste, breach of fiduciary duties, etc.   The record in support of such things is massive.   Mr. Keane has gotten about $1 million from the PFPF (taxpayers) these last 4 years - why should not the PFPF get that money back?   

(9) Consider taking action against Randy Wyse and the JAFF, for engineering the ruses, and the schemes, that have led to much PFPF waste and the lawsuits that have harmed Jacksonville residents generally.    I have attended PFPF meetings for 4 years, at it is clear to me that Mr. Wyse has aided and abetted Mr. Keane's misconduct, and vice versa, and that he and Mr. Keane have worked together for years to harm the public.   

Please contact me if you have questions.   As you know, I have many details and docs re PFPF abuses.  

Curt Lee, 594 - 6192