EIGHT IS ENOUGH! Promote Rulers to Sovereign, Impose Term Limits!

“In free governments, the rulers are the servants and the people their superiors and sovereigns. For the former, therefore, to return among the latter is not to degrade but to promote them.”
- Benjamin Franklin, 1787

Term limits are restrictions. They are imposed to restrict and limit the number of years or terms someone may serve in the same office. Term limits are imposed so that one person cannot hold an office for life and so a variety of people can serve. 

There were 40 term limit ballot initiatives, including a few trying to remove term limits or extend the term limit, across the country on the November 2016 ballot. Term limits won in 100% of them all.

Some electeds today have turned Franklin's statement upside down. They believe the people are the servants and the rulers are superiors and sovereigns. They refuse to abide by term limits.

At the local level, government without term limits may become disinterested in the everyday concerns of the citizen and more interested in pursuing an agenda benefitting special interests and their donor base.

The longer local electeds park themselves for years and years on the same governing board they become very "artful" at gaming the system. This can lead to a breeding ground for cronyism and corruption.

Local term limits are popular with Floridians. 

In 2012, an amendment to the Miami-Dade County Charter was put on the ballot limiting county commissioner terms to two consecutive four year terms - EIGHT IS ENOUGH years. It was massively passed by Miami-Dade County voters 77-23%.

Closer to home, an EIGHT IS ENOUGH ballot initiative, led by citizens, was placed on the Pinellas County ballot in 1996. This amendment limiting county commissioners to eight years - two four year terms - was also massively passed by Pinellas voters 72-28%.

Having power can be like a addictive drug. Once one is hooked, they are addicted to power and do not want to give it up. The Pinellas County commissioners refused to give up their power addiction and refused to abide by the overwhelming wishes of the will of the people. 

The convoluted legal mess that ensued is eye popping. Of course lawsuits were filed and the commissioners simply continued ignoring the amendment. The timeline of the legal actions is here.

The District Court of Appeals of Florida, District Two, ruled in favor of the term limit amendment in May 2000. Then the State Supreme Court in May 2002 ruled it unconstitutional, on a ground they later reversed in May 2012. The Florida Supreme Court sent the case back in 2002 to the District Court of Appeals who then reversed their previous 2000 ruling. 

In May 2012, the Florida Supreme Court reversed the reason they had ruled Pinellas County term limit amendment unconstitutional but did not reverse their ruling on the amendment. More lawsuits were filed but in 2013/2014 the Circuit Court used a technicality that the Florida Supreme Court had "receded" from its prior position, leaving its original ruling against the Pinellas County term limits amendment intact. 

That legalistic jingo'ing used for the Pinellas lawsuit ruling was obviously unfair to the voters of Pinellas County. The "receded" Supreme Court position enabled term limits amendments challenged in Broward, Sarasota and Duval counties to all be ruled constitutional. 

In 1992, term limits were massively passed by voters in Duval/Jacksonville 77-23%. Jacksonville/Duval County became consolidated in 1968 and Jacksonville City Council consists of 19 members, 14 single member districts and 5 at-large countywide districts. The term limits in their Charter is clear - no jumping from single member to at-large districts -  EIGHT IS ENOUGH!

No person elected for two consecutive full terms as a member of the council shall be eligible for election as a council member in the next succeeding term.

In 2000 Broward County voters massively passed a term limit amendment 80-20% limiting county commissioners to three four year consecutive terms (12 years) that also ended up in court. The Florida Supreme Court in May 2012 even cited the Pinellas 2000 ruling in their ruling in favor of Broward's term limit amendment.  

In 1998 Sarasota County overwhelmingly passed 68-32% an EIGHT IS ENOUGH term limit amendment limiting county commissioners to two four year terms. However, the term limit amendment was challenged in a county court and never implemented until 2012 when the Florida Supreme Court ruled it constitutional.

In Pinellas County, Barb Haselden, running for Pinellas County Commission District 6, promises to bring the EIGHT IS ENOUGH term limit issue back to the county commission. Good for Barb and for the overwhelming massive majority of Pinellas voters who voted for term limits in 1996. 

Haselden's current challengers are two Republican state legislators Larry Ahern and Kathleen Peters. 

Ahern is being term limited this year out of his state House District 66 seat. Ahern was appointed to the Pinellas County 2015-2016 Charter Review Commission that refused to take up the term limit issue. Pinellas county citizens brought the term limit issue to the Charter Review Commission asking that a new term limit amendment be placed on the 2016 ballot. This commission refused to even take the issue up. Now Ahern's running for a county commission seat of unlimited term....Anyone think he will now champion term limits???

Kathleen Peters, elected to state House District 69 in 2012 had already filed to run again for her House seat. Peters, an ally of the disgraced Senator Latvala who recently resigned due to sexual harassment accusations was apparently no friend of Speaker Corcoran. Peters decided to change her filing and instead run for Pinellas county commission District 6. She changed her filing last May but her campaign website has not been updated. Nowhere, except for the small print political ad legal disclosure at the bottom of the page, states what race she is running in. Maybe she's going to change her mind again...

Side note: Whether good, bad or indifferent, since term limits were imposed on state legislators overwhelmingly by voters 77-23% in 1992, leap frogging back from the state legislature to local races across Florida has certainly resulted.

But local government is where some powerful decisions about zoning, land use and development are made - ripe for corruption. Lots of county contracts are handed out and lots of taxpayer dollars doled out - too often with no questions asked. The county is where some cozy close personal relationships can rule the day and determine an outcome.

In 1983 three corrupt Hillsborough county commissioners were arrested for bribery and extortion and subsequently went to prison. That corrupt mess led to the Hillsborough County Charter approved by voters in September 1983.

The 1983 Charter included term limits and increased the Commission Board from five to seven members, representing four District and three Countywide districts. The intent of creating district and countywide seats was to give every county voter the opportunity to vote for four commissioners (one district and three countywide), a majority of the seven Board members. 

District and countywide seats were not intended for commissioners to leap back and forth between district and countywide races on the same governing board.

Unfortunately, the term limit language in the Hillsborough County Charter has a gaping hole that has been exploited. This loophole enables the term limit clock to restart. It has already enabled county commissioners to leap frog from District seats to Countywide seats extending the length of time they serve on the county commission. 

Norman, Hagan and Higginbotham successfully did it. And it is happening again this election year. 

Commissioner Crist, term limited in District 2 this year, is jumping to the countywide seat Hagan is term limited in. Commissioner Murman is doing what Hagan did in 2010 and jumping mid-term to run countywide in a non-Presidential election year. Murman, who was just re-elected to her District 1 seat in 2016, is jumping mid-term to run for Higginbotham's countywide seat since he is not running for re-election.

Crist and Murman were former state legislators. Crist spent 18 years in the state legislature from 1992-2010. When he was finally term limited from his state senate seat in 2010, he conveniently leaped directly back to his District 2 county commission seat courtesy of Hagan jumping mid-term. Murman served 8 years in the state house from 1996-2004 and did not leap frog back immediately but was first elected to her District 1 seat in 2010.

Leap frogging from District to Countywide races is bad enough for violating the spirit of term limits. The chess game of leaping from District to Countywide to keep their power at County Center is now getting worse.

Jumping from a District seat to Countywide and then flip flopping back to a District seat previously held is unprecedented. In the 34 years since the county charter was implemented, no commissioner has tried it.

Until now.

After 16 too long years, Hillsborough County Commissioner Hagan wants to continue his dynasty by egregiously ignoring term limits and running again. While Hagan's official candidacy paperwork he filed states he is leap frogging back to run for a District 2 seat he first was elected to in 2002, he's not.

As we posted here, Hagan is officially Candidate Hagan, running for District Rays. And his unprecedented campaign war chest for a single District commission race of almost $460K proves it. Lots of his donors are special interests, organizations and people who do not live in District 2 and cannot vote for him.

In 2014 Hagan raised a campaign war chest of over $300K to intentionally keep away challengers from his countywide race. It worked back then.

But 2018 is not 2014. 

Candidate Rays Hagan has a Republican Primary challenger Chris Paradies. Paradies supports closing the term limit loophole, and like Haselden, supports imposing a term limit of two consecutive four year terms - EIGHT IS ENOUGH. 

Republican voters in Hillsborough County's District 2 commission race can impose their own term limits, by tossing out Candidate Rays Hagan who most egregiously violates county term limits. In the August Primary, District 2 Republican voters can vote for new blood, a fresh face with new ideas, vote for fresh air in County Center, and someone not tied to crony corrupt politics.

And vote to elect Paradies. Those outside District 2 who support his cause can also help by hitting his donate button.

Republican voters can do the same in Pinellas County Commission District 6 Primary race. In the August Primary, District 6 Republican voters can reject recycling another state legislator. They can vote for someone who will bring fiscal common sense, accountability and a breath of fresh air to the Pinellas County Commission. 

And vote to elect Haselden. Those outside District 6 who support her cause can also help by hitting her donate button.

Good governance requires proper oversight and transparency - not behind the scenes colluding and back door shenanigans with crony confidantes, crony consultants, deep pocketed donors and special interests. 

Candidates Haselden and Paradies promise to support term limits and be champions for transparency and for taxpayers - not special interests. 

Haselden is a long time small business owner in Pinellas for 28 years who understands the need for good governance and the real life consequences of bad governance. 

In Hillsborough, Paradies is also a small business owner, who graduated from West Point, is an Army veteran with a law degree and PhD.  

In 2018, voters in Pinellas and Hillsborough can elect Haselden and Paradies and impose their own term limits on recycled career politico challengers.

Then enough is enough. Time to champion clear, concise term limits in both Hillsborough and Pinellas County Charters to ensure the rulers are promoted back to the sovereign. 

EIGHT IS ENOUGH! 

Friends of the Investigator and More

Tampa Bay Times columnists Sue Carlton wrote on February 2nd a Times article about who was brought into the Go Hillsborough law enforcement investigation:

Bobby O'Neill, once the U.S. attorney for the Middle District of Florida, was brought in by the Sheriff's Office as a consultant in its investigation — a smart move in a case that involves both public trust and actual fact.

This was just after she wrote this on January 26:

Word is that nothing criminal was found in that soon-to-go-public investigation by the Sheriff's Office regarding Go Hillsborough. Expect to see some squirm-worthy moments for elected officials anyway.

Who told Carlton there was "nothing"? Why would she make such a blanket statement without stating why she said it or who told her? What narrative is Carlton attempting to create?

Back in 2013, Carlton's article about O'Neill resigning his position as US Attorney for the Middle District of Florida included this

Mayor Buckhorn considers O'Neill a good friend; they have shared more than a Guinness or two

O'Neill was investigating Buckhorn who was a participant in the entire Go Hillsborough/Parsons Brinckerhoff/Beth Leytham debacle. That set off some curiosity about Bobby O'Neill and we used the Google to find some interesting information.

Apparently there was a brouhaha that occurred in 2010 amongst the 3 finalists for the position of US Attorney for the Middle District. Criticisms of each of the finalists were reported in this article Public Criticism Delays Nomination in Middle District of Florida. We certainly do not know whether any of the claims were true but criticisms of O'Neill included an accusation of an extramarital affair and his ownership of a pub, Four Green Fields, that raised money for the Irish Republican Army political leader Gerry Adams.

We now know that O'Neill co-owns a popular downtown pub, Four Green Fields. Maybe Buckhorn is a regular there where he shares more than a Guinness or two with O'Neill.

Commissioner Hagan has been pursuing his new baseball stadium for years and just recently again proposed using a TIF (tax-increment financing which is taxpayer monies) to help pay for it. That's not a new idea of his since according to this June 2011 Times article

The approach is called tax-increment financing, and Hillsborough County Commissioner Ken Hagan put it center-stage this week as an idea to help the Tampa Bay Rays make a new home somewhere in the county.  

Monday, Buckhorn had drinks at a downtown bar with Hagan and Beth Leytham, a public relations consultant who is friends with both, and the three discussed the idea.

Maybe they were all having a Guinness or two at O'Neill's pub…. (It would be nice if Hagan spent as much time prioritizing our current budget to fund our roads and transportation as he has for the last 5 years pursuing taxpayer funds for a new baseball stadium).

To digress a moment - Buckhorn filed for reelection September 12, 2014, coincidentally at the same time the County was handing Parsons Brinckerhoff their no bid contract to do public engagement with their "communication team of one Beth Leytham in tow". According to this Times report 

In preparing for this campaign, Buckhorn assembled the same team of political operatives he has worked with in the past, some for 25 years: pollster Keith Frederick, direct-mail specialist Jon Coley, television consultant Dane Strother, former aide Siobhan Harley and Tampa public relations consultant Beth Leytham. He sent out his first fundraising email a few hours after filing his paperwork. (emphasis mine)

Buckhorn's Pollster Keith Frederick is the same pollster Leytham engaged, at taxpayer expense, to do polling for Go Hillsborough.

Reviewing Buckhorn's campaign filings at the Supervisor of Elections website, we could not find any expenditure to Leytham or any in-kind donation given by Leytham for the campaign work she did for Buckhorn. How can that be? Is that legal? Shouldn't at least an in-kind donation have been reported for her services and advice?

We know anyone can contribute to any candidate but it is always interesting to see who does. Gleaned from Buckhorn's campaign filings was Sheriff Gee contributed $100 to Buckhorn's campaign on 9/25/2014 right after he filed. Colleen Chappell contributed a total of $1000 individually and her ad agency Chappell-Roberts contributed $1000 to Buckhorn's campaign, again at the same time in 2014 the Parsons/Leytham team was starting the campaign. 

Leytham, who was Parsons subcontractor, brought Chappell-Roberts into the Go Hillsborough effort as a subcontractor of her. Chappell-Roberts registered the GoHillsborough.org website and apparently was managing the website. We note that recently the GoHillsborough.org domain name was transferred to the County who redirected the domain name to the County's Transportation and Economic Development website where there is an archived view of the original campaign website.

We previously posted here about following the circular money trail.


These cozy relationships were feeding off a $1.35 million taxpayer funded Parsons contract for marketing and campaign work to push a sales tax hike referendum that never went through any transparent bid or RFP. To our knowledge, the County never even provided a requirements document which is project management 101.

Back to O'Neill. When he was sworn in according to this post in 2010 he stated

“We have to provide equal justice under the law for everyone,” O’Neill said, according to the Tribune. “That’s the key. That’s what we will strive to do.”

According to this Times article, O'Neill resigned as US Attorney in 2013

O'Neill, 55, a veteran crusader against public corruption who oversees federal prosecutions in a 35-county swath of Florida, will join a risk management company led by former FBI director Louis J. Freeh. 

His tenure in the Middle District dates to 1993 and includes the fall of Hillsborough County Commissioner Kevin White and Tampa housing chief Steve LaBrake.

At O'Neill's send off party when he resigned as US Attorney in 2013, the Times reported

Florida Attorney General Pam Bondi said O'Neill was among a handful of true friends, one she calls even now for advice, and — you know this is coming — he's the only man she knows who looks good in a mullet. 

"I love you so much," Hillsborough County Sheriff David Gee told O'Neill. "You're such a good friend."

In that same article the Times reported

He [O'Neill] emphasized the importance of knowing when to wield justice. "Some people," he said, "need to be buried under the courthouse, taken away from society and kept there forever."

Others make mistakes.

O'Neill resigned as director of the parent company of the pub, DPI days after he was sworn in as US Attorney in 2010 but it appears he is still a co-owner of the Four Green Fields Pub.

According to this Tribune article last June, O'Neill's pub was one picked by a "special panel" of the Airport Authority. Interesting that three restaurants picked are owned by Richard Gonzmart (Ulele, Goody Goody and Columbia Restaurants). Sorry no Outback or Lee Roy Selmon's got picked.

There were four protests of bid rigging in the bid process that apparently was blessed by TIA's high-salaried CEO Joe Lopano and praised by Commissioner Victor Crist who thought that when you get too big (aka become very successful) you lose your local identity.

A few months after the airport concession award, DPI sold it's 4 adjacent properties to the St. John's Episcopal Church. The properties combined market value, according to the Hillsborough County Property Appraiser, at the time of the sale was $911K and they sold all the properties in September 2015 for $3.75 million.

Property	Current HCPA Market Value
RIVERSIDE LOTS 9 AND 10 BLOCK 7	$308,385
RIVERSIDE LOT 11 BLOCK 7	$151,968
RIVERSIDE LOT 12 BLOCK 7	$152,747
RIVERSIDE LOT 14 BLOCK 7	$297,850
	$910,950

According to this Tribune article about the sale of the property

St. John’s Episcopal Church, eager to secure expansion prospects for its school, has bought the property that includes the iconic Irish pub Four Green Fields at 205 W. Platt St., according to a letter emailed to the church community Thursday.

Colin Breen, a co-owner of the bar, confirmed the sale. “We have been having conversations over the years about it,” Breen said. “The church was concerned about being boxed in, so we came to an agreement. They now control the land while we stay as a tenant. It’s business as usual.”

DPI took out a 2nd mortgage in August 2015 from Carlyle Investment for $800K after Four Green Fields was awarded their airport concession in June and a month before they sold their current property to St Johns. The outstanding balance on the 1st mortgage was $1.5M. Perhaps the 2nd mortgage was taken out to provide capital for their new location soon coming to the airport.

Let's connect some dots.

Sue Carlton, Times columnist, is married to Times editorial writer John Hill as Creative Loafing reported here.

John Hill is friends with Beth Leytham, who is at the center of the Go Hillsborough investigation. Hill has refused to disclose their close relationship. And Leytham is not shy about leveraging her relationships to get positive editorial spin.

Leytham is very close associate of Mayor Buckhorn and Commissioner Hagan who were voting members of the Policy Leadership Group that helped hand Leytham hundreds of thousands of taxpayer dollars via the Parsons Brinckerhoff no bid contract. This also occurred while Leytham was Buckhorn's campaign consultant.

Buckhorn, Hagan and Leytham are all close associates and are all part of the Go Hillsborough debacle.

Leytham is Buckhorn's campaign PR consultant but there is no campaign expenditure or in-kind donation reflected in Buckhorn's campaign filings for her work.

Buckhorn is good friends with O'Neill.

O'Neill is co-owner of a restaurant that got an airport concession awarded by the Airport Authority Board that Commissioner Crist sits on.

O'Neill is good friends with Sheriff Gee.

Sheriff Gee contributed to Buckhorn's campaign.

Sue Carlton writes Times articles first insinuating nothing will come from the investigation and then writes that former US Attorney for the Middle District of Florida O'Neill was brought into the investigation.

It's apparent these folks travel in the same circles and therefore are friends. However, there should be no skepticism or lingering questions regarding the investigation outcome.

With no disrespect to HCSO, our question is -  shouldn't an investigation be done by those totally independent of anyone involved in the investigation or who is being investigated?  Should friends be investigating friends? 

There are still questions that Merrill and the commissioners should answer as to why Merrill, over a weekend with no transparency or any public input from the county commissioners, asked the Sheriff to investigate and not FDLE. Remember it was Merrill and Leytham who took the Go Hillsborough campaign totally rogue last August when, as we posted here, they unilaterally with no governing approval decided to bring back the full 1% sales tax hike.

We await the completion of the law enforcement investigation and do not know the extent of it, how broad or how narrow it's focus. However, only a forensic investigation that gets all the text messages from the cell phone providers, gets all the emails and follows the money trail for where every dime of the $1.35 million went, will we ever know the truth.

Regardless of the result of the law enforcement investigation something is not right down at County Center. It's not all just "mistakes".

From the beginning of the Go Hillsborough debacle, we have stated that with all these close, cozy and friendly relationships, some of them wearing numerous hats, the taxpayers must be protected.

But will they?

Update: Looking at the Supervisor of Elections website, we also found:
In June 2010 O'Neill's pub, Four Green Fields, donated $500 (the maximum at that time) to Mayor Buckhorn's campaign.

Go Hillsborough Investigator O'Neill's pub donated to Buckhorn

Schizophrenia and the Sales Tax Hike Feeding Frenzy

A roundup of recent media on the Go Hillsborough debacle and our transportation issue.

We'll start with the very latest. County Administrator Mike Merrill continues to orchestrate media reporting about the Go Hillsborough crony mess he helped create. We still find it odd that he asked for a Sheriff's investigation for events he caused and occurred on his watch.

Apparently Merrill's original talking points he handed the Tribune weren't clear or correct causing the Tribune to make a major update to their online version to their story Sheriff finishing Go Hillsborough probe, release set next month. The Tribune first reported that the investigation was complete as if all nicely tied up in a package ready to be released but then they had to make an update (emphasis mine).

County Administrator Mike Merrill, in an e-mail Tuesday afternoon, told county commissioners the investigation was complete. He later sent an e-mail to the Tribune clarifying that only “field work” is done, including interviews and document analysis.

“Technically, the investigation is ongoing until the sheriff issues the final report,” Merrill said

How did Merrill leave out that important information to begin with? Perhaps he's in over his head.

Did the Tribune finally contact a HCSO spokesman instead of relying on Merrill's talking points?

Sheriff’s spokesman Larry McKinnon said once all parts of the investigation are wrapped up, a copy of the final report will be sent to the State Attorney’s Office for final review. 

“We will notify the public and media via a press release when the investigation is completed and finalized by the SAO,” McKinnon said in an e-mail.

The Tribune reports what we have been saying from the start - the transportation initiative was always about pushing another huge sales tax hike:

The group [Policy Leadership Group] has been meeting for two years, trying to develop a comprehensive transportation plan that voters would support with a half-cent-per-dollar sales tax increase.

Moving on to other recent media attention of our transportation issue. On December 25 it was reported by the Tribune that Florida has 1000 people a day coming to Florida and most will be bringing their cars.

That influx is not expected to slow down anytime soon with the state’s population predicted to rise to 26 million by 2030, according to the Bureau of Economic and Business Research at the University of Florida.

The Eye posted a response here.

The vast majority of the new arrivals will be arriving by car, will continue to use their car in their daily. This growth is the driving reason why we must fix our roads now! 

Many of the new arrivals will be baby boomers, seeking to retiree in the sunshine the rest of us have enjoyed for many years. But keep in mind where many are coming from, and why they are coming here. They are not coming here to replicate the experiences they had in the past. They want our lifestyle - sun, fun, affordable living and freedom and ease of getting around town and the state.

The estimated 600K new residents moving to Hillsborough County by 2040 will not be heading to downtown Tampa. The urban core of Tampa is only estimated to grow about 20K by 2040.

Tuesday the Tribune reported that 2 downtown groups sent letters (coincidentally on the very same day) to our county commissioners in support of the Go Hillsborough plan.

Without a better transportation system, tourism in the Tampa area is likely to shrink from its current record levels and the region will lose its capacity to draw businesses to the urban core, according to two groups that promote economic development.

Both Visit Tampa Bay and the Tampa Downtown Partnership sent letters Dec. 18 to the Hillsborough County commission supporting Go Hillsborough, an initiative designed to raise millions of dollars for an improved transportation system.

They could not even wait until the results of the law enforcement investigation was released. We assume they don't care or what do they know that we don't?

A copy of the letter from the Downtown Partnership to Commissioner Victor Crist was conveniently included in taxpayer funded TBARTA's recent newsletter. Coordination and collusion among taxpayer funded entities and special interests are standard operating tactics for pushing sales tax hike referendums. This letter was dated December 15 not December 18th. We don't know if the Downtown Partnership sent Crist a separate lobbying letter than what the Tribune reported was sent to the rest of the commissioners. The letter can be found here and this statement is interesting.

We have attempted to position the TECO Line Streetcar's potential to be the starter system of a more regional rail system.

Letter from Downtown Partnership to Commissioner Crist

Regional rail is the real goal.

Ever hear much from the taxpayer funded entities being champions for funding our local roads? That has too much common sense because 98% of us use our roads everyday. Roads aren't sexy or a high cost shiny new object.

The Tribune even asked the County Attorney to weigh in on the legality of these 2 entities endorsing Go Hillsborough since they receive public funds.

As long as there is no referendum on a ballot, neither agency is prohibited from advocating for a better transportation network, County Attorney Chip Fletcher said. But one Florida statute does prohibit groups receiving government funds from advocating for a specific referendum; Fletcher said he doesn’t know whether that law would apply once a local transportation referendum is placed on the ballot.

The Tribune called to ask if I had an issue with these taxpayer funded entities supporting Go Hillsborough. I had to chuckle and ask the reporter whether she was surprised as I certainly was not.

The bigger issue I told the Tribune reporter that was unfortunately totally ignored is our State  electioneering laws are so broad a MAC truck could drive through them with no stiff penalties or consequences if violated. Our electioneering laws must be strengthened to clearly and concisely prevent taxpayer funded entities from using taxpayer funded resources and influence against the taxpayer. Real consequences and hefty penalties must be included if violations occur.

Where was the Tribune in 2010 and 2014 asking these questions? Every taxpayer funded entity in the Tampa Bay area came out supporting the 2010 Hillsborough and 2014 Pinellas sales tax hikes. We witnessed some taxpayer funded entities in 2010 spend (and waste) lots of taxpayer money attempting to sell voters to support the tax hike.

These 2 Tribune articles seem a bit schizophrenic. We are first told our state and the Tampa Bay area is growing in leaps and bounds with no end in sight and our tourism is booming because people and businesses want to move here and visit here. Then we are told 2 downtown groups support Go Hillsborough because without it our tourism will fall and businesses won't come here. Which is it?

See the Eye's post here  regarding Tuesday's Tribune article. Visit Tampa Bay's own website has this December 9, 2015 article Tampa Bay tourism revenues soar nearly 20 percent in October.  We're leading our competitors, even Orlando, in hotel occupancy and profitability.

The letter also stated

“Every day Hillsborough County delays improvements to its transportation network, we fall farther behind our competitors,” the letter says.

Just last December Visit Tampa Bay's CEO changed hands. The Times wrote an article about the departing CEO and reported.

…the county set a new bed tax record as the industry rebounded from the recession;

Nowhere does Visit Tampa Bay state our competitors are NYC, DC, Boston and Europe. Comparing Hillsborough to NYC, DC, Boston and Europe is ridiculous. People are fleeing those areas to move here. Visit Tampa Bay needs a reality check.

The new CEO Santiago Corrado was chief of staff to Mayors Iorio and Buckhorn, both big rail cheerleaders, before taking the position with Visit Tampa Bay. Buckhorn has ridden the coattails of the $1.3 million county funded Go Hillsborough sales tax hike proposal to fund his rail projects without the city of Tampa paying a dime for the effort. Corrado is also on the Board of the Downtown Partnership so it's no surprise that Corrado and his agency support Go Hillsborough.

The Tribune reports this from special interests Tampa Downtown Partnership

Businesses considering a move to Tampa want to see a transportation system in place to get their employees to work on time and to and from the downtown district, said Christine Burdick, president of the Tampa Downtown Partnership. Without offering those options, the county is at a disadvantage in drawing new businesses, she said.

We have multiple dispersed work centers, USF, Brandon, Westshore, MacDill and a very small downtown business district, smaller than Charlotte's. Go Hillsborough's costly rail plans to expand and transform the (bankrupted) streetcar into light rail and build a rail from the airport to downtown does nothing to relieve congestion for commuters going to work.

Downtown Partnership's Burdick also says this

“We are acknowledging the amount of time and consideration and effort that went in to Go Hillsborough to date and the county commission needs to let the public have a say in this and take a step that will help,” Burdick said. “For corporate headquarters or other installations considering a move here, it is really important that we appear to be addressing our transportation issues.” (emphasis mine)

Do we want this county to "appear to be addressing our transportation issues" or actually doing something about it?

Yes - we all agree the status quo is unacceptable. The county commissioners have within their own powers the ability to start funding our roads and transportation needs now. It would be refreshing for once to hear the business community demand fiscal responsibility and due diligence from our county commissioners to appropriately fund our county's highest priorities that includes our roads and infrastructure first. Isn't that how they run their own businesses and personal lives?

As far as the old retread argument from 2010 to let the public have a say -  the voting public already did. They overwhelmingly voted NO in 2010 to another huge 30 year sales tax hike.

According to the Downtown Partnership website, before Burdick moved to Tampa to become President of the Downtown Partnership in 2002, she worked for Chicago's Mayor Daley. Google Mayor Daley….Daly loved spending taxpayer money as he went into office in 1989 with budget surpluses and left 22 years later leaving Chicago with massive structural deficits. The Chicago way is not a model to follow.

Again the Tribune admits the sales tax hike was baked into the Go Hillsborough campaign all along:

For nearly two years, the county staff has held meetings with the public to get input on the improvements people want to see in transportation. The initial concept was to fund improvements with a voter-approved increase of up to one cent on the dollar in the county sales tax.

The county wasted all this time and $1.3 million of taxpayer money enriching cronies to tell us the answer they had already decided.

Almost 2 years later and nothing has been done to fund our local roads that are literally crumbling and becoming safety hazards.

The taxpayers paid the hefty price and ended up with a law enforcement investigation.

But hold onto your wallets because the schizophrenic feeding frenzy for another huge 30 years sales tax hike has begun - again.

PTC Cronyism Exposed

Why is Uber, Lyft and other ridesharing services having problems with the PTC?  Because the taxi cab cartel continues to be alive and well in Hillsborough County.  Because the Public Transportation Commission (PTC) is a poster child of regulatory capture as we posted previously. 

The article below about a fund raising event for Yolie Capin was published in the La Gaceta newspaper.  Capin is currently a Tampa City Council representative for District 3 at Large district running for re-election in March 2015. It's never too soon to start the campaign donations flowing.

 Fundraiser for Democrat Tampa City Councilwoman Yolie Capin
 announced in La Gaceta newspaper

The municipal races are non-partisan. Capin is a Democrat and a number of prominent Democrats are shown on her fundraising host committee:  County Commissioners Kevin Beckner and Les Miller (previously on the PTC), Betty Castor, Property Appraiser Bob Henrique, Linda Saul-Sena and Alex Sink.

What else do we know about Capin?  She is the Vice-Chair of the PTC. Who else is on Capin's host committee? Republican County Commissioner Victor Crist who is the Chair of the PTC. Also on the host committee are Lou Minardi and Nancy Costellano.  Who are they? Minardi is the President of Yellow Cab. Nancy Costellano was a former executive with United Cab for many years and she now owns ABC Taxi.

ABC Taxi's address is 2003 W. Kennedy, Suite B, Tampa, FL according to sunbiz.org. Who else shares that address? From our December 10, 2013 post:

At the local Delegation meeting, a John Madiedo spoke opposing the proposed bill to abolish the PTC. According the PTC's November 13 minutes, Madiedo is an insurance agent for Professional Insurance Center who states that he insures 70% of the public transportation vehicles in Hillsborough County. In addition, his business is located at 2003 W. Kennedy Blvd. Tampa, FL 33606. Guess where the PTC is physically located? According to the PTC website they are located at 2007 W. Kennedy Blvd., Tampa, FL 33606. 

I found it interesting that they are located basically next to each other so searching for some additional information I found this article The Public Transportation Commission is under fire following indictment of former Commissioner Kevin White reported by WTSP's Mike Deeson in 2011

"The PTC rents its building from John Madiedo, who provides and does the insurance for the almost all of the taxicab companies the PTC regulates. 

When Kevin White had his security firm, he rented the office next door from the PTC and Madiedo. However, since White left the space, it is being rented by Michael Moses. Michael Moses is the owner of the taxicab company that caused some controversy by loaning White the money to buy his new Riverview home."

We all remember Kevin White, the chairman of the PTC who was arrested and convicted on bribery and corruption charges related to his position on the PTC and he went to prison. According to this TBT article back in May 2011 which was before White was arrested in June 2011, White was upside down on property loans yet secured another loan for a house in Riverview.  How did that happen?  The TBT reported that White got a mortgage provided by Moses Investment Holdings.

The only listed officer for the company is Michael J. Moses. Moses is part owner of two cab companies, a limousine operator and van service, all regulated by the Hillsborough County Public Transportation Commission, which decides who gets permits to operate cars for hire.The loan to White is the only mortgage Moses Investment Holdings has ever recorded in Hillsborough County. 

Agency records show Moses formed taxi, van and limo services, all under the name Bay and Beach, in 2009 with Nancy Castellano, a former longtime executive with United Cab. 

The next year he became an officer with ABC Taxi, which Castellano owned. 

Together they hold permits to operate 21 cabs, three vans and seven limousines.

This is how the taxi cab cartel operates. The SPT reported in September 2000 when a cab driver for United Cab inquired about how much taxi cab meters cost to a salesman he was fired.  Who fired him?  Nancy Costellano, then General Manager for United Cab.  SPT's article states:

...the Hillsborough Public Transportation Commission limits who can run a taxi cab business. Drivers must have a permit to operate, and in Hillsborough, nearly all the permits are held by United Cab, Yellow Cab or affiliates or subsidiaries of those companies. 

The Transportation Commission has awarded almost all of the 472 existing permits to the two cab giants. Drivers say the commission's regulations, which require 24-hour operation, make it hard for small businesses to break in.

This was back in 2000 and the taxi cab cartel anti-competitive attitude and behavior is still in play today.  Why hasn't the PTC eliminated the burdensome $50 minimum charge for limousine service?  

How does this taxi cab protectionism continue and why? Because the circle of money keeps flowing. Campaign donations flow from the taxi companies to the elected officials sitting on the PTC Board and the Board continues to protect the taxi companies by stifling competition and keeping burdensome regulations inhibiting free market competition.

The coziness of these relationships are exposed by this fundraiser for Yolie Chapin, Vice-Chair of the PTC and her host committee that consists of the Chairman of the PTC Victor Crist, two other Democrat County Commissioners and the two largest cab companies in the county. 

Were there any violations of our Sunshine Laws at this fundraising event?

Uber is now worth $18 BILLION today. The market says these are services we want and Uber and others such as Lyft, SideCar, etc. want to provide.  That's how free markets work.

Uber becomes most valuable startup

We will note that United Cab, Yellow Cab or ABC Taxi are NOT Better Business Bureau accredited companies.

This is why the taxi cartel is fighting so hard against Uber, Lyft and ride-sharing services: the taxi medallions which in today's technological age may seem archaic. 

“At the heart of our economic system is the idea of change, and that government can’t be in the business of protecting old models,” says Lee McGrath, an attorney with the libertarian-leaning Institute for Justice that has jumped into the lawsuit, representing drivers like Burgess. “If there were medallions associated with the buggy whip, we probably would still have them today.”

Here's the transcript from the PTC meeting in May. The taxi cab companies brought up the issue of insurance with regards to the ridesharing services. Those issues can be resolved. No wonder Mr. Madiedo opposes getting rid of the PTC. He's got a monopoly providing insurance to the taxi cab companies the PTC regulates.  

After public comments were made PTC Chairman Commissioner Crist decided to launch into what sounded more like a campaign stump speech. He meandered through his political bio starting with "my first elected position was student treasurer in seventh grade" and he won the candy bar contest and ended with a plea for his credibility. Crist is running for re-election in November. 

To make sure Crist makes clear who's in charge at the PTC:

I WANT TO BE CLEAR RIGHT UP FRONT.WE, THIS BOARD, THIS AGENCY, IS THE REGULATORY BODY, NOT THE INDUSTRY.IF THERE'S ANY NEGOTIATION, IT WILL NOT BE BETWEEN THEM AND YOU, IT WILL BE BETWEEN THEM AND US AND YOU AND US.WE WILL MAKE THE FINAL DECISION, AND EVERYBODY WILL HAVE TO LIVE WITH IT.END OF THE DAY, WE'RE THE REGULATOR 

Is the PTC the Regulator or Protector of the taxi cartel?  

As this Washington Times Editorial states

Prosperity for all comes from encouraging innovation, not coddling greedy cartels.

We've connected the dots. The PTC cronyism has been exposed. 

Actions speak louder than words. The PTC cannot reform itself. 

Time for the PTC circus, it's circle of money, protectionism and cronyism be eliminated!

PTC's Regulatory Capture on Display

The Hillsborough County PTC is a case study in regulatory capture.  

First, what is regulatory capture? It is defined by Investopedia as

Regulatory capture is a theory associated with George Stigler, a Nobel laureate economist. It is the process by which regulatory agencies eventually come to be dominated by the very industries they were charged with regulating. Regulatory capture happens when a regulatory agency, formed to act in the public's interest, eventually acts in ways that benefit the industry it is supposed to be regulating, rather than the public. 

Public interest agencies that come to be controlled by the industry they were charged with regulating are known as captured agencies. Regulatory capture is an example of gamekeeper turns poacher; in other words, the interests the agency set out to protect are ignored in favor of the regulated industry's interests.

Wikopedia explains 

Regulatory capture is a form of political corruption that occurs when a regulatory agency, created to act in the public interest, instead advances the commercial or special concerns of interest groups that dominate the industry or sector it is charged with regulating. Regulatory capture is a form of government failure; it creates an opening for firms to behave in ways injurious to the public (e.g., producing negative externalisties). The agencies are called "captured agencies". 

Recent events put the PTC's regulatory capture on display.  Last week's local Hillsborough County Delegation public hearing included several local bills.  One of them was proposed by State Rep Jamie Grant and State Senator Jeff Brandes for a Hillsborough county referendum to abolish the PTC, if the referendum passed.  For transparency, I spoke in support of the bill though I preferred since the state legislature created the agency 38 years ago, they should be able to abolish it without going thru a referendum. There may be some legal reason why a referendum is necessary, but I do believe that if a referendum was held, it would pass.  And the special interests, mostly taxi cab and limo services that benefit from the PTC, must think so too because they showed up en masse to oppose the bill. 

Victor Crist, county commissioner and chairman of the PTC who opposed the bill, spoke first. He laid the groundwork for the oppositions talking points for the day to fuel a fear that bad or corrupt service would occur in Hillsborough if not for the PTC and that the PTC is required for public safety. Crist further stated that they are working an internal audit plan focused on internal staff policies and procedures. That audit plan was discussed at the PTC's November 13 meeting per the meetings transcript where Interim Director Kevin Jackson recommended the audit be done by the county's Internal Performance Auditor and the PTC unanimously voted on a motion to do that. However, when Rep. Grant asked Crist if his "reform" plan includes reforming the $50 minimum limo charge, Crist simply stated that his highest priority is what the audit is focused on, internal policies first. 

After Crist, the special interest troops who opposed the "abolish the PTC" bill and support maintaing the status quo were lined up to speak. Here's where the PTC as a "captured agency" was on full display. Public safety was their cry of the day as if the 66 other counties in Florida who do not have a PTC have no safety regulations.  

No one from either side stated there should not be safety regulations -- background checks, vehicle inspections--common sense safety regulations that can be managed by the county. But as one speaker stated who supported the bill, there are good regulations and there are bad regulations.  If 66 other counties can manage their vehicles for hire, why can't our county commission?  For goodness sakes, the entire county commission makes up our entire Environmental Protection Commission aka EPC. One of the most compelling cases against the PTC was made by Rep. Grant when he pointed out that the PTC is accountable to no one.  Apparently the only way the PTC can be held accountable for bad, anti-free market, anti-competitive regulations is thru lawsuits.

So now there is a lawsuit filed by the Institute for Justice (IJ) regarding the burdensome $50 minimum charge to step your foot in a limo, whether your destination is 2 miles or 20 miles.  Yesterday IJ won their first hurdle when the judge dismissed the Motion to Dismiss" filed by the defendants as the Tribune reported

A limousine company and two limousine customers won the first round in their lawsuit challenging a $50 minimum fare rule set by the Hillsborough County Public Transportation Commission. 

Circuit Judge Charles E. Bergmann denied a motion Monday by county lawyers to dismiss the lawsuit filed by Thomas Halsnik, owner of Black Pearl Limousines, and limousine customers Kenrick Gleckler and Daniel Faubion.

I caught the end of the hearing and an important piece of information not reported is there is a Motion to Intervene filed by Red Top Cab Company and West Coast Transportation Services doing business as West Coast Shuttle.  According to Sunbiz.org, the Florida Department of State Division of Corporations website, I did not find a West Coast Shuttle corporation registered but did find Red Top Cab and West Coast Transportation Services. Also registered is Yellow Cab Company of Tampa, Inc.  that has the same address and Registered Agent as the other two companies. Yellow Cab is one of the largest taxi cab services in Hillsborough county with exclusive access to TIA with United Cab. A hearing is scheduled with Judge Bergmann to hear this motion by the Interveners. Once again, regulatory capture was on display by the very special interests that the PTC regulates.

After the hearing, I spoke with the IJ attorney Justin Pearson. He was happy with the decision and stated, 

"It's not against the law to give customers a better deal and be able to bargain for themselves.  The PTC agrees that it is against the law, but the judge agreed with IJ and has allowed the lawsuit to move forward. There was an agreement to dismiss the PTC chairman Victor Crist from the lawsuit but other than that change, the lawsuit will move forward in its entirety."

I asked Pearson what happens next and he explained

"Next is Discovery where both sides will be able to ask questions for information each side has. The interveners representing the taxi cabs and limos confirms the entrenched interests will use their own money to hire an attorney to intervene in a lawsuit to protect their entrenched interest. After Discovery will be a Motion for Summary Judgement."

The Eyes glad to see the lawsuit moving forward and we will be watching it as it does.

Let's regress for a moment.  At the local Delegation meeting, a John Madiedo spoke opposing the proposed bill to abolish the PTC. According the PTC's November 13 minutes, Madiedo is an insurance agent for Professional Insurance Center who states that he insures 70% of the public transportation vehicles in Hillsborough County. In addition, his business is located at 2003 W. Kennedy Blvd. Tampa, FL 33606. Guess where the PTC is physically located? According to the PTC website they are located at 2007 W. Kennedy Blvd., Tampa, FL 33606.  I found it interesting that they are located basically next to each other so searching for some additional information I found this article The Public Transportation Commission is under fire following indictment of former Commissioner Kevin White reported  by WTSP's Mike Deeson in 2011

The PTC rents its building from John Madiedo, who provides and does the insurance for the almost all of the taxicab companies the PTC regulates. 

When Kevin White had his security firm, he rented the office next door from the PTC and Madiedo. However, since White left the space, it is being rented by Michael Moses. Michael Moses is the owner of the taxicab company that caused some controversy by loaning White the money to buy his new Riverview home.

Cozy huh?

The local Delegation failed because there must be a majority of the state senators and a majority of the house representatives separately approve even if there is an overall majority that approves.  There was not a majority of house representatives who approved.  Together with Democrat House Representatives Janet Cruz, Mark Danish, Betty Reed, Darryl Rouson, Republicans Jake Raburn and Dan Raulerson voted no so the House side opposed 6-3.

We will continue monitoring reforms the PTC implements and perhaps a future state bill will stop the burdensome regulations.  According to this Times article 

Rep. Grant and Senator Brandes said they now plan to pursue a statewide law. It would not seek to eliminate the PTC, but rather would ban what they see as transportation regulations that are anticompetitive and anti consumer.

"The biggest frustration today was that the narrative was framed that public safety and a competitive market can't coexist in Hillsborough County," Grant said.

The PTC has been able to survive for 38 years because they are accountable to no one. That's why there has never been disciplined policies and procedures documented or enforced. That is indefensible after 38 years. The cronyism is deafening.  Also, it appears Hillsborough County provides much of the support structure already:

• Three County Commissioners sit on the board with one of the commissioners as the current Chair
• PTC meetings are held at County Center with county staff support
• Interim Director and his staff are county staff
• County Attorney's office provides their legal services to the PTC, including representing the PTC in the above mentioned lawsuit.
• County's Internal Performance Auditor is to audit them (wouldn't an outside auditor be better)
• PTC uses the county website and phone system:  http://www.hillsboroughcounty.org/index.aspx?NID=2595

So why isn't the county simply managing the entire process so there's also accountability?

The real answer to reforming this captured agency is not maintaining the existing PTC and simply making changes to internal procedures. The answer is to get rid of it. Place the PTC's vehicle for hire responsibilities in a structure where there is accountability that does not enable corruption or unethical practices. The PTC is a case study for regulatory capture, an agency that appears to be run by the entrenched interests who circle their wagons at every opportunity to maintain status quo to protect their turf. 

Let's put an end to this captured agency!