Date: 5/21/2009
The Good News:
Florida Crown Workforce Board Receives Florida Literacy
Award
Summary:
Columbia County is a legend in
Florida, and not a good one.
The way to fix the wrong you all have wrought is
to stop all this nonsense, make the best of your time
until June 30th, when you are officially gone, and work
toward finding a solution to reenter the FCWB, so that
you may work for the benefit of the working families of
Region-7 and the families of Florida.
Dear Dale (County Manager• Columbia County FL)
I hope the following responses to your 5/19 remarks
will be helpful.
Columbia County is now playing
musical chairs on the deck of the Titanic with the money
of the working families of Columbia County.
Money, which in these trying times, could very well be
spent on something else. It is impossible for any
rational human being to discern your continued purpose
in this incredible financial irresponsibility.
It appears that Columbia County is the first county
in the history of America to withdraw from a work force
region. Florida Crown is a top
performing region and winner of many awards.
Instead of carrying on with this nonsense and illegally
hiring attorneys, you should be inquiring about the
procedure to get yourself back into the Region -7
Consortium, so that Columbia County has a voice.
Dale Williams
wrote:.
County Attorney Marlin Feagle is working on the FCWB
issue. The firm of Nabors, Giblin and Nickerson is also
working on the FCWB issue. NGN was selected due to their
expertise and their Tallahassee office. I believe it was
also a good idea to have legal opinions rendered by
parties other than those in direct conflict. The
decision to hire NGN was made by me in consultation with
the County Attorney. NGN is allowed to bill at their
standard hourly rates.
Stew Lilker answers:
I don’t think this was a good idea. This is not rocket
science. Marlin Feagle has represented the county since
1989 and has been dealing with FCWB issues since 1998.
It is unthinkable to believe that he does not comprehend
the issues. I remind you that it is Marlin Feagle who
wrote the resolution withdrawing the county from FCWB
and it is Marlin Feagle who went over the interlocal
agreement in December of 2007.
Your claim that “it was a good idea ...” is
ridiculous, but you are entitled to your own opinion.
Hiring another attorney without
board approval, as is required by the county charter, is
illegal. I hope you are planning to repay these
expenditures out of your $160,000 per year compensation.
Dale Williams
wrote: Everyone understands the
Resolution. Chairman Bailey is scheduled to give an
update on the meeting held Wednesday, May 13, 2009.
Chairman Thompson asked for the Resolution to be
rescinded as a “good faith effort”. I am certain that
Chairman Bailey will relay the request.
Stew Lilker answers:
I have bad news. I just looked at
my calendar, it is May 21st.
It would appear that “everyone” does not understand
the resolution. The resolution states the following:
This Resolution shall be effective
May 15, 2009, unless rescinded by action of the Board of
County Commissioners prior to that date.
This has latched my friend. And to think anything
else would be to make a mockery of the law. Of course,
that would be nothing new in Columbia County.
Regarding Mr. Thompson’s remarks. I think any
rational person of average intelligence could conclude
that Mr. Thompson was referring to a time that referred
to the May 15th deadline,
which was written into the resolution, not just any old
time.
To now conclude that it is
meaningless makes a mockery of everything you do and the
rule of law.
Disregarding Marlin Feagle’s public interpretation of
statutory construction, which was not only embarrassing,
but wrong and wrong-headed, I remind you of the
applicable law:
The cardinal rule of statutory
construction is that a statute should be construed so as
to ascertain and give effect to the intention of the
Legislature as expressed in the statute. City of Tampa
v. Thatcher Glass Corp., 445 So.2d 578 (Fla.1984);
Parker v. State, 406 So.2d 1089 (Fla.1981).
That legislative intent when
expressed with words of common usage must be determined
by construing those words in their plain and ordinary
sense. Citizens of State v. Public Service
Commission, 425 So.2d 534 (Fla.1982); Milazzo v. State,
377 So.2d 1161 (Fla.1979); Thayer v. State, 335 So.2d
815 (Fla.1976). Finally, a statute, as amended,
is to be construed as a consistent
whole, in harmony with common sense and reason, and
every part should be given effect if possible.
Villery v. Florida Parole and Probation Commission, 396
So.2d 1107 (Fla.1980); Tower Credit Corporation v.
State, 187 So.2d 923 (4 D.C.A.Fla, 1966); 82 C.J.S.
Statutes s. 384.
Throughout the AG opinions to all the municipalities
in Florida, one can also read:
It is a general rule of statutory
construction that when a statute specifically sets forth
those things upon which it is to operate, it is to be
construed as excluding from its operation all
things not expressly mentioned.
Dale Williams wrote:
The difference is that a dialogue now exists and
according to those present at the May 13, 2009 meeting,
a willingness to resolve the issues. Your e-mail would
lead one to believe that maybe willingness on the part
of Florida Crown does not exist. If this is true then
the appropriate representatives from Florida Crown need
to publicly state so.
Stew Lilker answers:
Once again sir, you are being disingenuous and your
characterization of the events is not accurate.
There was always, at least on the
part of FCWB, a desire to resolve the issues. I
heard the Executive Director say that and I heard
Chairman Thompson say it when you were sitting only a
few feet from him on April 9th. I remind you sir,
that it was the county that cancelled the last two
meetings with Florida Crown.
It was Commissioners Bailey and DuPree who hijacked
it out of town before the April 9th meeting, leaving the
folks who cared about FCWB hanging out in the breeze and
standing out in the heat in front of the school board
administration building where the meeting was scheduled.
You and the Board didn’t even have the courtesy to hang
a notice on the door to let folks know you had cancelled
the meeting.
It was the county that clearly did not have that
desire to resolve the issues. That you do now is a good
thing.
To even think that the folks who have been involved
in the Florida Crown affair aren’t fed up with the
actions of Columbia County shows a disconnect from
reality which defies explanation.
I suggest you look at the photographs of Chairman
Thompson, who has bent over backwards to accommodate the
incessant demands and meeting cancellations of the
County. I suggest you look at the face of Board member
Downs at the April 9th meeting. You were at that
meeting. Do you really think there was one person in
that room, who if they had a choice, would ever want to
see you and the county again?
Do you really think the folks in Tallahassee at WFI,
after all you put them through, answers of which were
available in an eight page interlocal that the County
had signed, aren’t a little tired of Columbia County?
This County is legendary in encouraging anarchy with
your irresponsible actions and disregard of the law.
This County is a legend in
Florida, and not a good one.
The way to fix the wrong you all have wrought is
to stop all this nonsense, make the best of your time
until June 30th, when you are gone, and work toward
finding a solution to reenter the FCWB, so that you may
work for the benefit of the working families of Region-7
and the families of Florida.
Regards, Stew
StewLilker Pub/ed
