In Data Deluge, Multitaskers Go to
Multiscreens
In a new tactic for countering the data assault, offices are
giving workers a second computer screen and sometimes a
third.
http://www.nytimes.com/2012/02/08/technology/for-multitaskers-multiple-monitors-improve-office-efficiency.html?nl=todaysheadlines&emc=tha26

2 8 12


ACTA: The International Treaty You've Never Heard of That Could Affect Internet Freedom
Read the Article at Common Dreams

1 28 12

 

Decline "Friend" Request: Social Media Meets 21st Century Statecraft in Latin America
Cyril Mychalejko, Upside Down World: "In this past year as the world witnessed uprisings from Santiago to Zuccotti Park to Tahrir Square, social media has been lauded as a weapon of mass mobilization.... While the positive contributions of technology to social movements and uprisings have been amply noted, if not overstated, more attention needs to be paid to the intrinsic dangers looming in the co-optation of this technology-driven networking, specifically by Washington, but by other repressive governments as well."
Read the Article

1 26 12

 

Hi Hank

Last week you stood with millions of Americans to protect online freedom and innovation. Congress heard you, and delayed consideration of the PIPA and SOPA bills, which -- if enacted -- would censor the Web and impose harmful regulations on American businesses.

We hope that today you will join us in thanking your representatives for protecting the Internet.

And we want to thank you, again, for your actions last week. We are humbled that so many of you rallied around what we believe is the most transformative invention in history.

Until next time,
The Google team

1 26 12

 

The following article shows the new social consciousness that our elected leaders loath. The reason? -- they are no longer in charge of dispensing their view of information, and like it or not, are being forced into a dialogue with their consitutents. ----Dialogue they feel is not to their advantage, because the citizen can take the issue to where the citizen wants the light to shine on. Our elected leaders have usually never had to contend with that before but . . . “It’s a new day,” he added. “Brace yourselves.” . .

 

In Fight Over Piracy Bills, New Economy Rises Against Old

excerpts follow:

WASHINGTON — When the powerful world of old media mobilized to win passage of an online antipiracy bill, it marshaled the reliable giants of K Street — the United States Chamber of Commerce, the Recording Industry Association of America and, of course, the motion picture lobby, with its new chairman, former SenatorChristopher J. Dodd, the Connecticut Democrat and an insider’s insider

Yet on Wednesday this formidable old guard was forced to make way for the new as Web powerhouses backed by Internet activists rallied opposition to the legislation through Internet blackouts and cascading criticism, sending an unmistakable message to lawmakers grappling with new media issues: Don’t mess with the Internet. . . . .

. . . .It appeared by Wednesday evening that Congress would follow Bank of America, Netflix and Verizon as the latest institution to change course in the face of a netizen revolt.. . .

Phone calls and e-mail messages poured in to Congressional offices against the Stop Online Piracy Act in the House and the Protect I.P. Act in the Senate. One by one, prominent backers of the bills dropped off. . . .

. . . . “It’s a new day,” he added. “Brace yourselves.” . . . .

. . . .Then the Web rose up. Activists said the legislation would censor the Web, force search engines to play policemen for a law they hate and cripple innovation in one of the most vibrant sectors of the American economy. . . . .

. . . . And for all the campaign contributions, Washington parties and high-priced lobbyists the old economy could muster, nothing could compare to the tentacles the new economy can reach into Americans’ everyday lives through sites like Wikipedia.  . . . .

read more and see video at nytimes.com

poanposted 1 21 12

 

Around the Web -
What we're doing about PIPA/SOPA: Talking
Today, several of our favorite websites are going dark or
blacking out their homepages to raise awareness of two
bills, in the US House and Senate, that threatens people's
ability to share on the web.
http://blog.ted.com/2012/01/18/what-were-doing-about-pipasopa-talking/

'''''''''''''''''''''''''''''''''''''''''''''''''''''''

Guardipedia - we answer your questions during Wikipedia
blackout - live
Suffering from Wikipedia withdrawal?
http://www.guardian.co.uk/technology/blog/2012/jan/18/guardipedia-we-answer-your-questions-during-wikipedia-blackout-live
 
Join Our Censorship Protest!
http://en.blog.wordpress.com/2012/01/18/join-our-censorship-protest/

''''''''''''''''''''''''''''''''''''''''''''''''''

Why We've Censored Wired.com | wired.com
In protest against SOPA, Wired.com blacks out all its
headlines
http://www.wired.com/threatlevel/2012/01/why-weve-censored-wired-com/

poanposted 1 20 12

 

A Political Coming of Age for the Tech
Industry
By THE NEW YORK TIMES
The battle over two Congressional bills intended to prevent
copyright violations on the Internet marks a political
coming of age for the tech industry, reports Jenna Wortham
http://www.nytimes.com/2012/01/18/technology/web-wide-protest-over-two-antipiracy-bills.html?ref=technology&nl=technology&emc=techupdateema2
in Wednesday's New York Times. The relatively young and
politically disorganized tech industry has found its voice
in opposing the bills, which it says would go too far -
potentially violating free speech and stifling innovation
- by allowing media companies to shut down Web sites they
say are abusing copyrights. It's an issue that has led to
a rare show of unity for the industry's players - from
venture capitalists to the smallest Web sites.  The bills
have been shelved
http://www.nytimes.com/2012/01/15/us/white-house-says-it-opposes-parts-of-2-antipiracy-bills.html?ref=technology&nl=technology&emc=techupdateema2
for the time being, but the industry is not letting up in
trying to sway public opinion. On Wednesday, a Web-wide
protest includes a 24-hour shutdown of the English-language
Wikipedia site. The main pages of several other sites,
including Google https://www.google.com/, Craigslist
http://newyork.craigslist.org/ and Wired
http://www.wired.com/, also reflect their opposition to the
bills. Rallies are planned Wednesday in New York, San
Francisco and Seattle. And in Washington the lobbying
remains fierce from both supporters and opponents of the
legislation.  Around the Web, the controversy over the bills
and the protests also received wide attention. At The
Atlantic Megan Garber wrote about
http://www.theatlantic.com/technology/archive/2012/01/the-discussion-that-led-to-the-wikipedia-blackout-is-pretty-amazing/251491/
the discussion within Wikipedia that led to the discussion
to shut down. On Mashable, Chris Heald analyzed the
legislation
http://mashable.com/2012/01/17/sopa-dangerous-opinion/ in
detail to explain the arguments against it. Meanwhile, The
New Yorker directed readers
http://www.newyorker.com/online/blogs/books/2012/01/in-the-news-milton-on-sopa-newspaper-warning-labels.html
to the poet John Milton's defense of free speech before
the English Parliament in 1644.
http://bits.blogs.nytimes.com/2012/01/18/daily-report-a-political-coming-of-age-for-the-tech-industry/?nl=technology&emc=techupdateema2

poanposted 1 20 12

 

Hank
A rather interesting piece on how the FBI beats around the bush and with holds requests.
Talk about Secret Police.
It appears to make a mockery of Freedom Of Information Act.
Larry

 

Published on Truthout (http://www.truth-out.org)

 

Home > Revealed: The FBI's Secretive Practice of "Blackballing" Files

Revealed: The FBI's Secretive Practice of "Blackballing" Files

By alexa
Created 2012-01-17 06:52
Source: 
Truthout
Display date: 
Tuesday 17 January 2012
Published Date: 
Tue, 2012-01-17 (All day)
Label: 
Report

Have you ever filed a Freedom of Information Act (FOIA) request with the FBI and received a written response from the agency stating that it could not locate records responsive to your request?

If so, there's a chance the FBI may have found some documents, but for unknown reasons, the agency's FOIA analysts determined it was not responsive and "blackballed" the file, crucial information the FBI withholds from a requester when it issues a "no records" response.

The FBI's practice of "blackballing" files has never been publicly disclosed before. With the exception of one open government expert, a half-dozen others contacted by Truthout said they were unfamiliar with the process of "blackballing" and had never heard of the term.

Image: 
Image slice: 
Caption: 

(Photo: kalavinka [4]; Edited: JR / TO [5])

Lastest Stories: 
no
Homepage: 
no
License Type: 
Creative Commons
Feature Slot: 
primary
Computed author: 
Jason Leopold
Computed author bio: 

Jason Leopold [7] is lead investigative reporter of Truthout. He is the author of the Los Angeles Times bestseller, News Junkie [8], a memoir. Visit jasonleopold.com [9] for a preview. Follow Jason on Twitter: @JasonLeopold [10].


Links:
[1] http://www.truth-out.org/content/jason-leopold
[2] http://www.truth-out.org/sites/default/files/011712leopold.jpg
[3] http://www.truth-out.org/sites/default/files/011712leopold_ag.jpg
[4] http://www.flickr.com/photos/kalavinka/4644309240/
[5] http://www.flickr.com/photos/truthout
[6] http://www.truth-out.org/fbi-headquarters-says-it-does-not-have-any-documents-occupy-wall-street/1321994542
[7] http://www.truth-out.org/search/node/Jason%20Leopold
[8] http://www.amazon.com/News-Junkie-Jason-Leopold/dp/0976082241/ref=sr_1_1?ie=UTF8&qid=1301632460&sr=8-1
[9] http://www.jasonleopold.com
[10] http://twitter.com/JasonLeopold

1 19 12

 

The priorities of government and role of media skewed
NSBNEWS.net
I'm no expert at the state of affairs in Daytona Beach, Deltona, DeLand, Port Orange or Ormond Beach, but I am keenly aware of scandal on two fronts in New Smyrna Beach: The Southeast Volusia Advertising Authority and the Community Redevelopment Agency ...

excerpts follow:

....The voting public is turned off more than ever...

....The closest I got to County Manager Jim Dinneen Wednesday was an appointment through his secretary who squeezed me in for a one-hour 10 a.m. appointment Tuesday. That's five days from today. I have uncovered some troubling pending that goes far beyond Nicole Carni's salary. I won't reveal it here, but once I publish that segment in NSB News' investigative series, "Show Me the Money: New Smyrna Beach," some people are going to have egg on their faces.

Of course being that our operation is exclusively online with very limited resources, we are not taken seriously until the stories are published. The politicians and bureaucrats don't seem to recognize what the public can't get enough of and that's who has their hands on the tax money....

....There was plenty of drama at Wednesday night's joint meeting of the New Smyrna Beach City Commission and the CRA, but you wouldn't know it reading the agenda-reporting style story in this morning's News-Journal.

When you see our videos, you'll see for yourselves how screwed up things are even as the mayor brags about the CRA streetscapes finished during his two-year tenure. You'll see how he offers an apology to CRA Chairman Jim Kosmas who had to pay back a $1,900 grant his CRA colleagues voted for him. And there's the apology from the mayor for the $20,000 grant CRA Chad Schilsky was forced to rescind.

Mayor Adam Barringer, however, makes no mention of his own role in piggybacking on Schilsky's grant for his own financial gain through his construction company.

And low and behold, Barringer's role is not mentioned in the News-Journal article while the story alludes to the two CRA members having been accused of "unwittingly violating ethics laws by benefiting from receipt of CRA grants in the past."

The "unwittingly" term came from CRA consulting attorney Mark Hall, who of course, was the attorney of record in previously stating the grants were proper. The one commissioner who couldn't or wouldn't challenge Hall is Jim Hathaway, a candidate for a seat on the county council in the 2012 elections. NSB News will explain why in an upcoming segment of its Show Me the Money series.

Our videos will also highlight some of the key players from the joint meeting who have connections to the SVAA scandal. Again, more in-depth explanation in upcoming Show Me segments. It will take us a couple of days to process the videos.

In the meantime, NSB News has to wait for Dinneen to satisfy the News-Journal, having given the newspaper public records denied to NSB News for that paper's Sunday edition on Carni, follow-ups with the News-Journal after Carni's firing Tuesday and, of course, the conference call Wednesday....

read the complete report at nsbnews.net

 

1 19 12

 

Who are behind this push to curtail free speech and the flow of information on the internet?

read at the following link, the threat on the flow of information on the internet: 1 18 12

http://en.wikipedia.org/wiki/Wikipedia:SOPA_initiative/Learn_more

 

Who are behind this push to curtail free speech and the flow of information on the internet? And are those people afraid of revolutions which we have seen in the middle east?

I have long suspected that the new world order is behind the attack on the internet.

There is a fair usage doctrine which I will look up and reproduce on this web page, which allows for posting excerpts from various sources, for educational purposes. The fair usage doctrine could have been made with Port Orange Area News in mind.

I once received a phone call from a lawyer for the DBNJ, and I suspect that the phone call was initiated by a complaint to the DBNJ by the ACLU, of all organizations, because of excerpts I had reproduced on the POI web site, from dbnj, which excerpts were contradicted at an aclu meeting in dayton beach. I was told by the NJ lawyer that I can only use abstracts, which basically as far as she was concerned, would allow me to reproduce the first sentence from a dbnj article, and of course, accompanied by a link to the article.

I knew that her opinion was in conflict with the fair usage provision, but I said OK, took the excerpts off the poi web site, and one month later, returned to my old way of educating my poi readers.

I can easily get around this notion of only reproducing abstracts relating to published material, by summarizing in my words, the content of an article. And then as long as I am at it, add my opinion, which in the case of the DBNJ would be to point out that it rarely ruffles city governmental agencies as long as the agencies are keeping the NJ's reporters in the loop of communication.

Except for an occasional editorial criticizing a city agency when its actions can no long be ignored, the news journal, like many in the professional news media, keep in the loop of information by not ruffling the feathers of the elite. Independent citizens journalists have no such worry, because in general, they are not included in the "We Are Family" loop of information.

The DBNJ once did an investigation on freedom of information requests by local governmental agencies in Volusia County. POPD was faulted for asking some unnecessary questions of the NJ undercover agent requesting information, and intentionally delaying turning over the information to that person requesting information.

The NJ once did an article about members of the POFD attending a seminar in a space convention center in Mississippi, and it was brought out in the article that the expense of the trip was paid from money collected from POFD flu shots. The NJ did not follow up on the proper use of said fund, and Craig E. Young via POI web site, made an issue that such funds were not properly represented in Port Orange budget reports and such dispensing of said money was not appropriate. The city manager took the blame for not having placed said money into a regulated fund, and changed the proceedure for the future.

I think we are all learning a lot from our two muckrakers, if I may say that, Craig and Ted. And I am happy to know that all of their opinions, in full, can be presented to the public through the poan web site. Most of their commentaries would not be published by the dbnj.

Once an allegation or speculation gets into the internet search engines, it stays there, and the only remedy is to enter an opposing opinion, to contradict the speculation or allegation.

I had found in the past that the Port Orange city council was loathed to use the internet as a tool for broadcasting its opinions. Instead, the city council has relied on the city manager to answer questions, many of them originally proposed and intended to be answered by city council people. There is no question in my mind, that such an attitude by city council people, is an effort to avoid accountability for their actions, opinions, promises and views. I have been told that the sunshine law prevents city council people from publicizing an opinion, other than in a city council meeting. And often there too, we hear very little opinions uttered, except from Don Burnette and Bob Ford. Instead they let the city manager take the heat, and as I see it, it is all starting to catch up with the city manager.

Ted Noftall is wrestling with unclear communication from Port Orange City Hall, and is coming to the conclusion that it is deliberate obfuscation. I think so. At the end of January, I will discuss on this web page, why the minutes of city council meetings take so long to be published, and why it takes so long to publish on the city's web site, a video of last night's city council meeting.

When Moses went up on the hill to receive the burning bush and the 10 commandments, no one else was there. How do we know that we truly got all of the commandments from Moses, and/or were the original presented only 8 commandments. In the city politics world of real estate, how many appraisals are received before the right one is accepted by the city manager. I had asked for the number of appraisals sought by the city manager before the purchase of the Lohman funeral home, at an exorbitant price. I never received an answer, and am content to ignore the non response, so that I can keep bringing it up when I feel it useful.

The vatican kept us in the dark ages, by not only keeping hidden important documents, but by forbidding us to read certain documents.

And now, there are those who want to put us back in the dark ages, by curtailing the free flow of information on the internet.

The we are family crowd tried to ignore us, now they see that they have to make us go away. Their view is probably that we are nasty pests that unnecessarily inflame people to protest what the elite are doing to us.

Another bank in Port Orange? Tell me. Did the citizens clamor for another bank in Port Orange, or does Port Orange just seem like a nice place to settle, for deals on real estate, visions, river walks, exchange of properties, Gamble place, developments without concurrency compliance, requests for changes in building plans put to the city in phase 2 , 3 and 4 of the developers plans, mitigation of costs of trees requests and lessening of impact fees, under the guise of making more jobs, but supplying homes that very few can afford to buy.

All of these issues need light shown on them, with an adequate response and reply from our elected city leaders. You have been following poi web site and now the POAN web site, as well have the DBNJ. ---.

I should say this. The city of Port Orange has put a wealth of information out on its web site. But fortunately for people who might not want to be held accountable, the citizen must work very hard to plod through all the information and see how it is or may impact the citizen. Don't expect the NJ to do that. We can thank people like Ted Noftall and Craig E. Young for helping us see the light through all the murky information.

What I do see, is that when Ted wants to examine under a microscope the information offered by the city, communication problems seem to arise.

Do you think the city has been well communicating with you. Let me know

e mail hank

poanposted 1 18 12 at 1112 am

 

 

 

Since the dawn of broadcasting, our free speech has been dominated - and largely controlled - by the powerful corporations that control public airwaves and the shows they carry.
Real free speech on the Internet is a profound, existential threat to these media giants and the politicians they own. So they are desperately trying to seize control of the Internet with obscure bills called "SOPA" in the House and "PIPA" in the Senate.
SOPA and PIPA would wreak havoc on the technical infrastructure of the Internet, and threaten thousands of Internet businesses which are truly creating jobs.
More importantly, these bills would give big corporations and the Attorney General the power to shut down websites large and small that somehow link to copyright violators, whether through their own posts or even visitor comments.
How on earth can a website - ours included - monitor thousands or millions of links that accumulate over the years? And why should a single link be sufficient to shut down a website or force a bankrupting legal battle with a giant corporation?
No corporation should have that power. And no Attorney General should either - just think of Alberto Gonzales, who abused his vast powers by authorizing warrantless wiretaping and torture, then lied to Congress about it.
Websites large and small are fighting SOPA/PIPA, including Wikipedia and Google. Some are even going black for a day of protest.
President Obama opposes "legislation that reduces freedom of expression" and urged Congress to pass a bill that narrowly and carefully targets foreign piracy.
We'll reserve judgment on any future "compromise" bill. For now, we must tell Congress loud and clear:
Thanks for all you do!
Bob Fertik

 

Chapter 119, Florida Statutes, the Public Records Law, provides the public access to certain governmental documents.[8] The law is to be construed liberally in favor of openness.[9] When there is any doubt, Florida's courts find in favor of disclosure.[10] The Public Records Law applies to all agencies, including any "business entity acting on behalf of any public agency."[11] The only agency records that are exempt from inspection and copying under the act are those that are provided confidentiality by statute or those that are expressly exempted by a statute or general or special law.[12] 

www.myfloridalegal.com

 

 

Federal Contractor Monitored Social Network
Sites
The Department of Homeland Security paid a contractor in
2009 to monitor social networking sites for public reaction
to a proposal to move detainees from Guantánamo to a local
prison, according to documents.
http://www.nytimes.com/2012/01/14/us/federal-security-program-monitored-public-opinion.html?nl=todaysheadlines&emc=tha26

1 14 12

 

 

The following excerpts are from an article mainly concerned with business organizations. However, the sound principles stated can apply to governmental agencies. We will at a later date, get more into public records becoming public documents. -- hank

''''''''''''''''''''''''''''''''''''''''''

Today’s corporations and government agencies are creating and receiving records at an astonishing rate. The volume of records is not only staggering but the records also come in a variety of formats such as:
word processing documents
emails
faxes
instant messaging
text messaging
digital images – scanned paper documents
new media types such as blogs and wikis
and these documents may reside on a variety of media:
personal hard drives
network drives
backup tapes
CDs and DVDs
flash drives
and some documents may also be created and reside temporarily on remotely attached devices like personal digital assistants (PDAs) or memory sticks.
Given the volumes of documents, combined with the diverse number of formats, companies are finding it nearly impossible to effectively manage their documents and records without an electronic records management system.

Manage – Once a document is created or received, it may become a record and will be classified, declared, and managed within the records management system. An ERM system is a software application that implements an organization’s records management plan.
Store – Once a document becomes a record, it is important to store it in a secure manner such that it cannot be altered or destroyed. Records must also be accessible and available on-demand, which means that adequate indexing must be applied prior to committing the document to a storage system.

Hold Orders. Without a records management system, it would be impossible to completely identify and protect a series of electronic records that are subject to a hold order. The cost of manually identifying and separating electronic records that are being placed on hold would simply be prohibitive, if it could be accomplished at all.
Records that should be on hold could be changed or destroyed prematurely if the system does not support a hold order function. If a record is changed, the record is no longer a valid legal document and sanctions, penalties, and fines may be imposed as a result. Prematurely destroyed records, also called spoliation, may also cause a judge to impose sanctions. It should be noted that legal cases, in which documents are placed on hold, may continue for 10 or more years – a time that may exceed the document’s normal retention period. Documents on hold are kept from being destroyed during the normal course of events by the records management system.

read the complete article at docushare.xerox.com

poanposted 1 13 12

 

 

 

Tired of regulation

To Palm Coast property owners, I think it's time to take back our property from the city.
January 13, 2012

A meme in the process of evolution. -- hank

 

Tired of political parties?

If you are one of the 92 percent of Americans who do not approve of the results of the current political system, you have an opportunity in 2012 to make a statement.

January 12, 2012

A communication revolt in the process. -- hank

 

 

 

New Smyrna Beach commission considers taking financial control of CRA

'''''''''''''''''''''''''''''''''''

Questions about CRA spending surfaced in November at a Volusia County Council meeting, after council members received emails from a handful of critics. One, New Smyrna Beach resident Max Dugas, emailed the council saying the CRA "appears to cater to the businesses in New Smyrna Beach, not the community as a whole."

read more at dbnj on line

1 13 12

 

 

Port Orange Town Center

Port Orange West Community Development District

'''''''''''''''''''''''''''''''''''

Gov. Scott orders sweeping review of special taxing districts

''''''''''''''''''''''''''''''

excerpts follow:

Floridians have a right to know what they're being taxed for and how that money is spent," Scott said in announcing the review Thursday afternoon. "This review will bring to light these questions and allow us to identify ways to save taxpayers money and increase accountability."

Scott said he'd learned some special districts were "delinquent in submitting information about their activities" and it's "critical that we get a firm grasp on how (they) are operating and hold them accountable."

Special districts pay for a variety of services for taxpayers in Florida, from infrastructure to environmental protection to economic development to community redevelopment to waste disposal. There are about 70 functions listed on the state Department of Economic Opportunity's website for special districts.

Among Scott's tasks for the review: determine whether each district is serving its purpose, operating transparently and prudently spending tax dollars. He also tasked the budget office with finding whether the districts are levying taxes, fees and assessments appropriately.

read more at dbnj on line

1 13 12

 

 

Annual Valuation Report

Pension Actuary - City of Port Orange -
Ted Noftall

Installment of 1 10 12

What a delightful dilemma I have.

I stayed awake tonight for about 2 hours in bed, wondering if I should embark on writing a tome about many things I have learned and discovered in my 9 years of publishing three web sites.

To do a good job, it would probably take me at least 16 hours of writing and fine tuning my thoughts, so that I could produce a literary piece that I would be proud of, and hopefully serve a useful purpose. The useful purpose concept alone would take about 2 hours of my best writing skills, which I may or may not have. Such thoughts of mine would encompass a global consciousness, memes, passions for humanity, and even citing's from Michenor's great work, "The source".

Even thoughts of not relaying the daily news to POAN readers, while time is spent on my large essay, has a philosophical background and rationale of priorities which should be discussed.

And so I have opted to at least start this web page essay, and perhaps not add to it, for weeks at a time.

The impetus for my desire to take on a new chore and endeavor, originates with the recent issue of Ted Noftall receiving timely information from the Port Orange City Council and the Pension Board. Restricting implications about this issue might easily be perceived as an impatient attitude from one who wants only to be critical of City government's responsibilities and activities. But, as I hope to show in my essay to come, there are much larger issues related to Ted's complaint or dissatisfaction. Another thought that comes to me at this time which needs to be addressed in my future essay, is the problem of addressing some issues, which amateurs like myself like to do, and which are seldom considered as worthy of discussion by the academics and hosts of Ph.D.'s in the pundit world.

Well, at 317 am in the morning of 1 10 12, this is at least a start, but let's first deal with Ted Noftall's issue.

I spoke to Ted on the phone and he informed me that back in November of 2011, at a pension board meeting, it was stated that the actuary report would be ready by the end of November 2011. Now it is Jan. 10 2012, and the city of Port Orange expects to have such actuarial report received at City Hall, any day now.

Another point that seems to be suggested by City Hall is that the actuary report does not become a public document available to the citizens of Port Orange, until the City has had a chance to review it.

It seems to me that the initial report delivered to the City of Port Orange Government, is the first official public document, and should be available to all to peruse, regardless if the report is lacking, incomplete or needs to be amended. Indeed, the last decade has shown in our nation's governmental agencies, that vital information not released in an initial report, becomes a more disconcerting and perhaps legal issue, later, when details of the first report are obtained. And so, there are some of us who do not want to see such an untimely release of a public document take place at a local level. (I will go more into this sub issue in future installments of this essay.)

Mr .Shelley of the City of Port Orange has stated that he expects to review the document when received within a 24 hour period and would then have the document delivered to Ted Noftall. This seems reasonable, however, if a City official can delay the release of a public document for 24 hours, what prevents him from keeping the document on taps for 24 weeks? Perhaps legally he can do that, but is that good for City Government and the public?

Also included in Mr .Shelley's statement of procedure, is that if something is lacking or needs amended in the first document, that document would not be released to the public, and I have already written why I do not accept concealment of the initial faulty document.

(Despite the freedom of information act, and Sunshine Laws, in future installments of my essay, I will need to spend some time on current attitudes of governmental agencies towards release of information to the public. There will be much to consider in my future installments of the essay.)

One very important misstep in communication by Port Orange City government needs to be remembered. Most members of the city council, and members of the CRA were not aware when the City Manager and Mayor were involved with the purchase of the Lohman Funeral Home, and it was only about 3 or four days prior to a CRA meeting that they were informed that in the next meeting it was on the agenda to pay the master developer, for having purchased the Lohman home on behalf of the city of Port Orange, at a price more than twice what it was worth.

(I will dwell on this communication issue and others in my future installments of the essay, including public postings of the minutes of City Council meetings, video posting of city council meetings and access to POG TV.)

I should at this time speak to the process of hiring an actuary to check on the actuary report of the original actuary. This procedure is good, knowing that the City had lost a lot of money in the past, when the facts and figures from an actuary regarding a pension issue, had not been checked, and were indeed faulty.

But, I feel the need to be critical of allowing the initial actuary to name his own preference of which actuary should be hired to check his work. Need I say more?

I post here, the most recent e mails sent to me, concerning Ted Noftall's issue and replies from John Shelley, finance director for the City of Port Orange, and chairman of the general fund pension board for the City of Port Orange.

Thank you John,

 

Let me know when the “ final “  annual valuation report,   AND   whatever you  get from the reviewing Actuary  Larry Deutsch are received.  

 

Let me note  also that explanations containing the words:   Study,  Review,    Complete,   Draft,  Final,  Review,  Reviewed,  Reasonable,   Responsible,    Multiple Copies,  Etc,  Etc,   have been used for years to delay or deny  citizen access to public  information. 

 

Fortunately or un-fortunately depending on one’s perspective  the Legislature has given short shrift to all such explanations and have clearly  indicated when a document becomes a “ public document “ including the limited exceptions there to.   

 

I will look forward to receiving the above requested information   AND again thank you for your assistance.

 

 

Ted

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From: Shelley, John [mailto:jshelley@port-orange.org]
Sent: Monday, January 09, 2012 4:33 PM
To: Ted Noftall
Subject: RE: 10/01/11 Annual Valuation Report

 

Ted, 

 

Information Bio on Dave Leonard’s  reviewing Actuary Larry Deutsch is attached. During the Actuary selection process last year the GE Committee asked Dave Leonard to provide another reviewing actuary. Because Dave is a sole practitioner, we thought it prudent to have another actuary be a reviewer of his annual valuation work.  Dave provided the attached Actuary as a reviewer and the Committee found Larry Deutsch  acceptable.  We have never had a secondary actuary review of Mr. Leonard’s work but I would expect a letter from Mr. Deutsch of acknowledgement or concurrence with Dave Leonard’s  Financial Conclusions is the document we will see.

 

We do not request secondary review of other City Actuaries as they all have a secondary Enrolled Actuaries for review in their respective firms (In House Reviewer). Dave Leonard is the only sole practitioner the City Utilizes, so we though it a good idea for him to have a second reviewer if he was going to continue providing work for us….. just like all the other Actuarial Firms have in house.  

 

John

 

From: Ted Noftall ]
Sent: Monday, January 09, 2012 3:34 PM
To: Shelley, John
Subject: RE: 10/01/11 Annual Valuation Report

 

Thank you John,

 

I will ask Robin to send over the copy of which you speak,   AND   I do have a quick question.

 

“ his contract this year  requires him to have his annual valuation report reviewed by another enrolled actuary “

 

Who is that other actuary,  who selected him and does he also issue a report, letter etc ???

 

Ted

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From: Shelley, John [mailto:jshelley@port-orange.org]
Sent: Monday, January 09, 2012 3:10 PM
To: Ted Noftall
Cc: Fenwick, Robin
Subject: RE: 10/01/11 Annual Valuation Report

 

Ted, 

 

To clarify… When I receive documents, I like to review them so I understand them and also try to insure they are complete. After all, I am current chair of the General Employees Plan and responsible to answer questions.   The Actuary, Dave Leonard is employed by the GE Plan, not the City, however Mr. Leonard’s work provided to me is covered by Florida Sunshine Rules.  

 

To add as much credibility to his work as possible, we put a new provision in his contract this year that requires him to have his annual valuation report reviewed by another enrolled actuary.  Mr. Leonard did send me a Draft copy of his original report(Prior to review by the second Actuary).  Again, this is the initial “Draft Valuation Report”, it is not a complete valuation report as some of the pages are missing and some items will probably be modified in the final Draft.  I have delivered a copy of this draft valuation report to the City Clerk Office for dissemination to you as it may be of some help.

 

As I stated last week, the final version of the report, as reviewed by the second actuary, should be ready either today or tomorrow however it is 3PM Monday and it is not received yet. I believe it is reasonable for me to review the final report however by days ends, this review should be complete and I will  forward this final report to you through the City Clerk Office. It may be Wednesday or Thursday of this week before you receive this final report from Robin Fenwick, hopefully we can send it to you tomorrow. Again, I trust this clarifies my use of the word “Review”.

 

Thanks,

 

John A. Shelley, Finance Director

City of Port Orange, Florida
1000 City Center Circle
Port Orange, Florida  32129
PH: (386)506-5710
FAX:(386)506-5711

 

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From: Ted Noftall ]
Sent: Friday, January 06, 2012 11:01 AM
To: Shelley, John
Cc: Roberts, Margaret; Parker, Ken
Subject: RE: 10/01/11 Annual Valuation Report

 

Thank you John,

 

“ and reviewed by us “     Not sure who the “ us “ is,   or when  “ us plans on reviewing it “

 

 

I would like a copy once it becomes a public document ..…which I understand to be  upon receipt by you. 

 

I thought we had been through this..… And it seems to me that you have two choices.  Further delay receipt of the Annual Valuation report until the next Public Meeting of the General Employees Pension Board  OR  receive the report on Monday or Tuesday and provide a copy to any interested parties.  

 

UNLESS OF COURSE  the City Attorney is advising you that a document received by the City Finance Director/ Chairman of a City Pension Board only becomes a public document once “ us have reviewed it “

 

Please advise.

 

 

Ted

 

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From: Shelley, John [mailto:jshelley@port-orange.org]
Sent: Friday, January 06, 2012 9:40 AM
To: Ted Noftall
Cc: Parker, Ken
Subject: RE: 10/01/11 Annual Valuation Report

 

Ted,

 

Just got off the phone with the Plan Actuary and he has been in communication with his reviewing actuary during the past few weeks.  They are making a few modifications to the report format. The long and short of it is the annual valuation report will not be ready today but rather the revised schedule is Monday or Tuesday of next week. Again, as soon received and reviewed by us, we will forward you a copy.

 

Thanks,  John

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From: Ted Noftall
Sent: Friday, January 06, 2012 9:24 AM
To: Shelley, John
Subject: RE: 10/01/11 Annual Valuation Report

 

John,

 

Did the actuary report arrive,  or are you still expecting it to do so today ?

 

Ted

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From: Ted Noftall
Sent: Tuesday, January 03, 2012 3:43 PM
To: 'Shelley, John'
Subject: RE: 10/01/11 Annual Valuation Report

 

Thank you John.

 

I will inquire again on Friday

 

Tedi

 

From: Shelley, John [mailto:jshelley@port-orange.org]
Sent: Tuesday, January 03, 2012 3:26 PM
To: Ted Noftall; Steinebach, Donna
Subject: RE: 10/01/11 Annual Valuation Report

 

Ted,

 

Just spoke to the Actuary and the valuation report  has been completed and is in review. The City should have copy by the end of the week.

 

John

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From: Ted Noftall
Sent: Tuesday, January 03, 2012 12:17 PM
To: Steinebach, Donna; Shelley, John
Subject: 10/01/11 Annual Valuatiobn Report

 

Good morning Donna and John,

 

Has the  General Employee Pension 10/01/11  Annual Valuation report been prepared ?   AND   has it  been received  by anyone at the City ??  

 

When this report  is so received would you please forward a copy.

 

Regards

 

Ted Noftall

 

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From: Ted Noftall]
Sent: Monday, December 12, 2011 12:25 PM
To: 'Steinebach, Donna'
Cc: Bob Ford
Subject: RE: Port Orange - 3Q11 Performance Report Attached

 

Thank you for being so thoughtful  Donna,

 

One, three and five  year  Rates  Of  Return of  -2.6%,  1.4% and  0.9% respectively are dismal  to say the least.

 

Makes me wonder how the board on which you sit can  look at such ROR results and then  vote to announce  to the world that in the responsible discharge of its  fiduciary responsibilities to this Pension plan the board has concluded that the  expected ROR for the coming year is 7.5%    

 

But of course your board accomplishes this feat  by rationalizing away  its  fiduciary responsibilities the same way elected representatives rationalize away their oath of office to preserve, protect and defend the Constitution against all enemies foreign and domestic.

 

 

Ted

 

   

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From: Steinebach, Donna [mailto:dsteinebac@port-orange.org]
Sent: Monday, December 12, 2011 8:33 AM
To: Ted Noftall
Subject: FW: Port Orange - 3Q11 Performance Report Attached

 

Good Morning Ted,

 

As you requested, I am forwarding to you the quarterly performance report prepared by Jeff Swanson, Southeastern Advisory Services.   The Board will be reviewing this report at its next meeting in January.

 

Regards,

 

Donna J. Steinebach, AICP

Assistant to the City Manager

1000 City Center Circle

Port Orange, FL  32129

telephone: (386) 506-5508

e-mail:  dsteinebac@port-orange.org

City website:  www.port-orange.org

 

 ////////////////

From: JD Swanson [mailto:jeff@seadvisory.com]
Sent: Friday, December 09, 2011 9:51 AM
To: Wiggins, Julia; Treon, Shirley; Steinebach, Donna; George Steindoerfer; Parsons Jan; Shelley, John; Wiggins, Julia; McCord, William; Ford, Bob
Cc: Pete Prior; Livia Nixon; Mei Fang; Grant McMurray
Subject: Port Orange - 3Q11 Performance Report Attached

 

Hello All -

 

Attached is the executive summary component of the 3Q11 performance report in electronic summary for the Board's Records.  Hard copies of the complete report have been sent to Pete Prior in advance of your December meeting.  For your reference, I have also itemized a more recent account valuation (as of close yesterday) plus some notes on the recent fund purchases:

 

Asset Name

Market Value

ICC EQUITY

$12,421,450.26

ICC FIXED INCOME

$7,096,491.48

AMERICAN EUROPACIFIC GRTH-R6       

$122,634.23

NUVEEN TRADEWINDS GLBL A/C-R       

$124,626.41

VANGUARD GLOBAL EQUITY FD IV       

$123,827.58

INTERNATIONAL TOTAL

$371,088.22

Cash

$1,091,218.41

PORTFOLIO TOTAL

$20,980,248.37

 

Purchased on 10/27: Amer Europac ($134,000) and Vanguard Global ($133,000)

Nuveen also added $33,000

 

I will not be attending the December meeting but will appear before the board next on January 23rd 2012 for the purpose of interviewing fixed income managers.

 

Just contact me directly if there are any questions on the attached performance report.

 

Happy Holidays!! 

 

Jeff Swanson, CIMA
Southeastern Advisory Services, Inc.
877 557 0633 Office (Atlanta)
904 233 7600 Cell
904 372 9399 Fax

PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from City of Port Orange officials and employees regarding public business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. The views expressed in this message may not necessarily reflect those of the City of Port Orange. If you have received this message in error, please notify us immediately by replying to this message, and please delete it from your computer. Thank you.

poanposted 1 10 12 at 343 am