MIAMI MIRROR – TRUE REFLECTIONS

Former city commission whenever someone tried to criticize its members and its administration

FIGHTING ENTRENCHED BUREAUCRACY IN MIAMI BEACH
Jose Smith, the powerful city attorney of the City of Miami Beach, was provided with an opportunity to answer terminated fire inspector David Weston‘s allegatio ns about the involvement of his office in Weston‘s wrongful termination on trumped up ethics charges after he persisted in reporting millions of dollars in what he called missing moneys. Smith categorically denied any involvement of his office whatsoever although the public record easily available to him belied his statement, and he would rely on that record in his communications to the city commission. His initial denial was indicative of mendacity or gross negligence. Smith, apparently fearing exposure, contacted a third party, Kim Stark, the editor of the SunPost, a journal that does not employ David Arthur Walters, the freelance author investigating the Weston affair, in a characteristic attempt to discredit him with that editor. He implied that he had also contacted the editor of City Debate, J.P. Morgan, the publisher of Sins of South Beach, with whom Smith went to high school. Morgan subsequently denied that Smith had been in touch with him. Smith also implied that he had discussed Walters with other members of the community, and that Walters had gotten a bad reputation, giving Walters the impression that he was yet another subject of a Smithsonian smear campaign. Walters, after Smith contacted the SunPost editor to defame him, submitted his exhaustive investigative report, ‗Saving Miami Beach Government from Hellfire,‘ to the editor free as a public service. She expressed interested in it, but she did not run it, we believe, because she is more afraid of Smith than Smith is of her possible publication of a fair and balanced report involving him.
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Weston never even bothered to file a grievance or a lawsuit. ‖ Walters recalled that his grammar school teacher assigned him to walk the kids around the block and take sick or unruly kids home to keep him occupied because he was restless. and are frequently successful. and a tendency to greet any criticism of your official conduct with defamatory statements. as he should know. or simply assigning them to do something on your behalf for the sake of the city. The 3rd District Court of Appeal affirmed the dismissal (P. He said something called his reading level caused him to experience class as unbearably boring. ―Mr. but he had noticed that it included a complaint about officials similar to Weston‘s. a tactic well known to godfathers. Maybe the National Enquirer will p rint our emails! Have you no shame? Jose‖ ―I do not know why Judge Wilson would dismiss a lawsuit that Llewellyn ‗never even bothered to file.‖ Mr. Have you confirmed if any of it is true? Keep digging. Nowhere in his memo to the commission did I see a determination that the complaint was frivolous and/or that the plaintiff and his attorneys were sanctioned for frivolity. an attempt to win opposing talent to his side before trying to ruin them. You‘re developing quite a reputation in town. and how he could sleep at night: Page 2 of 13 . Keep trying. hence his argumentum ad hominem is generally fallacious. The attachment Smith sent along was a memo to the commission stating that the matter had been dismissed on technical grounds: the statute of limitations had run out. Walters said. He immediately attacks the character of anyone who asks embarrassing questions or criticizes his official behavior. those defenses are rather common in such cases. He asked why Smith had no shame. Walters said he did not know if the complaint had been filed in court.C.‘‖ said Walters. ―Nowhere did I see an attempt on Smith‘s part at conciliation. Walters: Please see attached. in one case.‖ Smith responded via email.A. The grievance was also denied. Llewellyn reviewed Smith‘s message to Walter s about him. ―The complaint was dismissed by Judge Wilson as frivolous. and the plaintiff had exhausted his opportunities during the grievance process. ―I believe Smith‘s behavior when criticized demonstrates a pattern of governance by insult and intimidation. and sent Smith an email stating that Smith had resorted to insulting his inquirer instead of addressing the facts Llewellyn had asserted about public corruption. or had simply stated the truth or mere opinions on the facts in other instances. Some of Smith‘s intemperate behavior was in response to a little note had Walters sent along to him with a copy of retired firefighter Jim Llewellyn‘s formal whistleblower complaint. The rules are complex. It was all BS. instead of just addressing the facts. I will ask the clerk at the court to pull the record to see if Smith is lying about that. without opinion). including accusing me of defamation although I had said nothing at all. In that note. ―or why the appellate court would bother to affirm a dismissal of a lawsuit that had not even been filed.MIAMI MIRROR – TRUE REFLECTIONS That was the second time that Smith had contacted the SunPost to denigrate him.

including myself have been saying for so long. especially dealing with the city‘s failures to ensure honest and effective government in the realm of life safety. You simply deny these facts and other truths of the matter. 2. Lastly. As an attorney. While my suit may not have been successful in recouping unjustly lost compensation. failures and corruption regarding public safety matters are dangerous and a disgrace. especially when it involves whistle blower suits which are notoriously difficult to advance. How do you and other so called leaders sleep at night? Do you ever have trouble looking in the mirror? How do you rationalize away the fact that Miami Beach management. all the while being paid handsomely by the very same taxpayers they have betrayed. 1. 3. Page 3 of 13 . You actually seemed more interested in insulting and denigrating the person doing the inquiry which prompted your comments regarding my suit than you do in acknowledging the truth. Smith: After I read your recent comments regarding my old whistle blower law suit. Miami Beach management has enabled corruption by circling the wagons and punishing those willing to speak out instead of acknowledging the truth. You wrote that my suit was ―BS‖. Their role is especially vital when government managers seem more interested in self preservation and political considerations than positive reform. One would have to be dishonest or simply out of touch with reality to deny otherwise after so many years of arrests. of which you are a part. critical audit findings etc. you seemingly fail to recognize the irony of your pathetic denial. as you know. I must respond to set the record straight. just as you are doing with the comments regarding my suit. Consider that at least as far back as my efforts to fight corruption almost 10 years ago.MIAMI MIRROR – TRUE REFLECTIONS Dear Mr. investigations. the details spelled out in it are backed by proof. Citizen activists usually operate using their own time and resources. (see Up in Flames link below) Miami Beach government managers have presided over continuing gross failures of public trust including critical issues of public safety and well being. No sir. Furthermore. While some in government may be irritated by their efforts the truth is they play a critical role in keeping government honest which has obviously been a problem in Miami Beach for many years. resulting in unnecessary endangerment and losses to Miami Beach residents and visitors. you know very well that court decisions are not always indicative of what the truth represents. (attached here). And that strikes at the heart of the problem of what some people. has repulsively failed to provide honest government for many years. statutes of limitation issues were involved in the court‘s ruling against me.

hostility. You never spoke with me and I never heard about any of this until after you went to the New Times. insubordination. yes sir.MIAMI MIRROR – TRUE REFLECTIONS You asked the person making the inquiries about my suit if he had no shame. It describes. I do sleep very well at night. During the 8 years I sat on the City Commission. 7 years after you left the city. If I had. you have never provided proof regarding any of the allegations made in your ―whistleblower complaint‖. disruptiveness. I never heard of anyone pressuring a fire inspector not to cite a property owner. thank you very much. I was a City Commissioner during the time you made those allegations. why your grievance was denied and refers to numerous ―personality‖ issues. I would have gone straight to the FBI. along with the continuing resistance to acknowledging the truth for the sake of positive reform. paranoia. Why did you not appeal? Call me naïve but it just does not make any sense. If you had any. Llewellyn: Thank you for your tirade about ―public corruption‖. Labor Relations Director. Remember. Are you still holding grudges? What I did find interesting was a very telling ―Grievance Reply Form‖. Have you no shame? Sincerely. To date. Given the indisputable evidence of extensive corruption that has occurred under your and the rest of Miami Beach government management‘s watch. did you ever bother going to the State Attorney‘s office? Or the FBI? Or MBPD? Or to me? Why now. and ―job burnout. So. in specific detail. Jim Llewellyn Miami Beach Firefighter/Inspector Retired Smith replied characteristically: Dear Mr. dated March 31. 2013: Page 4 of 13 . Jose Smith Walters took Smith to task for his statements in a communication dated March 19. 2006 from Linda Gonzalez.‖ It is hard for me to fathom how all the various city officials named in the report (including your own union representatives) were involved is some huge conspiracy to corrupt the fire inspection process. I must ask.

internet access. including the recent burnt offering to the terrorist all mighty.‖ It is no wonder that the editor of the SunPost feared publishing anything I wrote after receiving your tirades about me. and even advocate hating enemies unto death Page 5 of 13 . Llewellyn demonstrates that formal lack of intellectual ingenuity. paper. or employee forget the abuse and harbor no grudges. Sullivan et al in a nearly successful attempt to destroy the New York Times over a full page ad appearing in the paper Feb. Alabama. the paper was charged with and closed down forever for ―attempting to influence people‘s minds. the holocaust under the Nazis? Can an abused woman. have you no shame in saying to Mr. Your reference to the personality issues published by the labor relations director on ―a very telling‖ Grievance Reply Form.B. 7 years after you left the city. the elderly editor was arrested. And speaking of fascists and communists. a tactic employed by Montgomery. Because Savinkov was actually en route. I have no doubt that if you had your way. I recall that a journalist named Savinkov wrote an article entitled ‗En Route‘ which was published in a ―professorial‖ newspaper. He was not charged with slander for the journalist‘s statement that. and visitors. Police Commissioner L. Since medieval church clerics invented standard forms so the illiterate faithful could do business in a legal way. 1960. I would be cast into a padded cell without pen. and may be wary of such a powerful bureaucrat like you. you addressed your correspondent in an insulting manner. Solzhenitsyn had much to say about that approach under Stalin. ―Why now. which appears to be a typical or formal assertion in many grievance cases. Are you still holding grudges?‖ Should the Jews just forget the pogroms they suffered since the murder of a messiah on charges of blasphemy.MIAMI MIRROR – TRUE REFLECTIONS Instead of addressing the facts Jim alleged in his complaint. especially given the fact that your defamations include accusations of defamation." Rather. slave. she may not be familiar with the Soviet gulag but she is certainly aware of what happened under the Nazis. simply because a messiah advocates forgiveness and loving one‘s enemies and going along with the Romans? Some rabbis say not. with implied threats to file SLAPP suits that might very well put the innocent paper out of business due to the expense to defend the suits the outcome of which could never be certain given judicial prejudices. child. strewing red herrings to distract attention from your negligence. your note to Mr. we all too often find professional ―thinking‖ as well as prose limited to hackneyed forms. Indeed. 26. "One has to be criminally insane to affirm seriously that the international proletariat will come to our aid. are very telling of what I feel is a goosestepping tendency to deem anyone who criticizes government or fights city hall as criminally insane. prison. who either runs or is chief advisor of the administrative gulag. after having memorials of abuse literally beaten into them. Llewellyn.

including the then current city attorney. and it appears that the businessman would have won that suit. given your frequent disavowal of your powerful role as the attorney whom the commission would appoint to represent the city. it was City Manager Jorge ―Boss‖ Gonzalez who allegedly advised the businessman to sue you and the other conspirators. Given the widespread ―urban myth‖ about retaliation.MIAMI MIRROR – TRUE REFLECTIONS unless they sincerely repent and make suitable amends. but practice may tend to perfection. on knowledge limited to the fact that your office was generally unresponsive with few exceptions: on one occasion you personally declined to inquire into corruption because it was an ―urban myth‖. Indeed.. the impropriety would be called extortion. an offer I initially interpreted as a typical effort to treat people who complain about officials like criminal suspects. Mr. as commissioner. And you say you have difficulty fathoming how there could be a ―huge conspiracy‖ when you yourself. and that there was an appearance of impropriety at least. I also feared that you might use your police liaison to retaliate against your critics. this and other incidents make a mockery of your dismissive references to conspiracy theories and urban myths. together with other city officials had to settle a complaint filed in federal court alleging your conspiracy to deprive a local businessman of his constitutional rights. To the best of my knowledge.I. yet did not respond to my rebuttal. and because I assumed that the attorneys in your office had consciences independent of your whims. for to ignore evil is the greatest evil of all: He who ignores evil is good for nothing. and your inclination to report misconduct when you were a commissioner. In common-parlance and non-euphemistic language. Oddly enough.B. My belief is based. Let me make clear here that I have admired some but not all of their representations of the city: Nothing is perfect. He certainly is not aware at this time that I myself on several occasions have brought to the attention of your office for investigation or forwarding to law enforcement information about what may have been criminal conduct including a suspected conspiracy to defraud the city of permit fees and its ability to regulate conduct to protect the public safety. and then the settlement was referred to as a dismissal of an unwarranted complaint —did you say ―frivolous‖? The complaint quotes the Ethics Commission as saying its efforts to obtain information were frustrated. your office did not take up the issues with any law enforcement agency. Page 6 of 13 . but dismissed that notion because of my faith in the greatly improved police department. on another occasion your office accused me of ―misstatements‖ regarding my understanding of an official alteration of a building department record. and would not resort to unethical behavior to support your vindictive campaigns. however. Llewellyn may not know that your office liaisons with law enforcement agencies. at another time you offered to walk me over to the F.

the high city officials. and heading committees is important. to turn in your clients. as far as we know. to represent not the entrenched bureaucrats but the city itself. and that what the city needed was fresh blood from outside. you are bound to defend them. If you do. and the man has been out of town for a Harvard education and practice in the national capital and in the greatest of all cities. may be helpful. gone straight to the F. I have elsewhere stated my perspective that a clean break must be made from previous maladministration. someone who should run for a slot in the state or national legislature. but who is going to actually enforce the laws and regulations. with allegations such as Mr. As you know. I may sit down and shut up. We had some doubts because he seemed overqualified. except in certain peculiar circumstances. unless they ask for an investigation or advice.MIAMI MIRROR – TRUE REFLECTIONS Now you have said that you would have. on the other hand. Llewellyn with a copy of your and the interim city manager‘s report to the city commission in response to the inflammatory New Times article that shed some light on the negligence if not the probable corruption of members of the previous administration. went to school with you and some of the commissions. It appears that the role of a city attorney differs from that of a commissioner: that you are under no legal or ethical obligation as an in-house attorney. I have offered additional information to the commission in respect to Mr.I. It is very telling that you did not say you would do so as a city attorney. ―Perspective. Of course local savvy.B. you have presented Mr. not a homeboy who. I have objected to your interpretation of the Charter in that regard.‖ understanding moral and criminal corruption and entrenched bureaucracy.e. tyranny? And who is going to get rid of the entrenched bureaucracy? Perhaps you can help the new city manager get rid of the entrenched bureaucracy. Finally. or to investigate or advise them. and have urged you to be more proactive. writing legislation. Llewellyn‘s. make sure that complaints are carefully investigated and if found meritorious acted upon instead of shelved under protection of the ―discretion‖ of sovereign immunity. as you have stated to me in writing. as commissioner. Weston: my Hellfire investigation along with a small portion of the file in support thereof. i. and he claims to have a far keener and broader ―perspective‖ on the issues crucial to improving the administration of the city including the entrenched bureaucracy. We now have a new city manager who has far more experience actually practicing law than you do. further we worried that he is a political insider in the county. Instead. Sincerely. David Arthur Walters Page 7 of 13 .

Smith: Thank you very much again for bringing out the best in me. Instead of replying to Walters. was inclined. undoubtedly at the behest of city officials. Smith sent an email derogating him to Stark at the SunPost despite being advised on several occasion that Walters is not employed by that paper. ―That‘s all they had. Labor Relations Director Linda Gonzalez. Esq. Walters. City Attorney CITY OF MIAMI BEACH Subject: Your Insolence Mr.MIAMI MIRROR – TRUE REFLECTIONS Our review of the Grievance Reply Form does demonstrated that its author. Page 8 of 13 . 2013 Jose Smith. mentioned the Llewellyn affair: And the Lord said to Cain: Where is thy brother Abel? And he answered. I know not: am I my brother‘s keeper? March 23. to cast Llewellyn as a psychological misfit rather than focus on the factual merits of his claim.‖ Llewellyn said in response to our query. in another letter to the City Attorney.

The City Attorney does not ‗advise‘ commissioners on how to vote on an ordinance. WALTERS: Thank you. and (e) he/she shall recommend to the City Commission for adoption. Is that proper procedure? SMITH: ―You are still talking gibberish. Please email me a copy of that statement….‖ Page 9 of 13 . and advises that the ordinance should be voted down.05 do not require (nor prohibit) a public hearing on a first reading of an ordinance. The City Attorne y‘s ONLY ―interest‖ is the best interest of the city.000 from him in order for him to have access to the commission to obtain a liquor license. First of all. such measures as he/she may deem necessary or expedient. and that they had defrauded him into believing he would get a fair hearing of he dropped his federal suit against them and the city. being informed that the public hearing will be at the second reading. 3.MIAMI MIRROR – TRUE REFLECTIONS I condemn your attempts to personally insult me every time I question public officials including yourself in plain English. WALTERS: I reiterate my request here because you may have misunderstood it: Please email me a copy of that statement…. The chair allows members of the public to speak on the subject. Thus. You. sir. Smith‘s statement does not make sense. The interested party was not prepared for a public hearing. The commission votes down the ordinance. SMITH: Why don‘t you ask your question in simple English so that you can be understood. which he does not seem to fully understand after serving as same since 2006. his duties under Sec. but I do not understand your question…. include ―(d) to attend all meetings of the City Commission. THIS NOT A PUBLIC HEARING. The statement I am referring to is the one made by the city attorney that the described procedure is proper…. The City Attorney would recuse himself on ANY matter affecting his private interests. The following excerpt from my line of questioning conducted in an attempt to understand an aspect of due process culminated with yet another expression of your utter contempt for your inquirer: GRANADO: I have confirmed with the Office of the City Attorney that Florida Statute 166. are delusional! Unknown to Smith.041 (3) as well as City Charter Section 2. The city attorney has an interest in the subject matter. City Attorney's Offices states there is no "impropriety" if an ordinance is voted down on first reading without a public hearing. GRANADO: I apologize. We do not understand gibberish.01 of the Charter of Miami Beach. Walters was investigating a claim made by businessman Leroy Griffith that Smith and other officials attempted to extort $30. (sic) WALTERS: ―The Clerk announces to the City Commission at beginning of a hearing on the first reading of an ordinance.

which the clerk and mayor said was ―not a public hearing. I became concerned about the subtle implications. and mouths when Griffith raised the subject. after all. ears. 2009. which is led by Jose Smith.‖ Smith advised Commissioner Saul Gross not to answer Griffith‘s question as to what he had against him that would cause him and his family of commissioners to extort $30. The clerk was not the only person to whom I posed questions on the process. including two that I referred to the Justice Department: The first time that you referred to how I would be gone from this community. And the commissioners most likely heard Smith‘s televised statements. in your representative capacity. I did not take it very seriously. I did not direct my question to you because almost every answer you have provided to me in the past. and the Ethics Commission would point out that they could have care less if some other member of the public had been sued. We notice that. I have lived in South Miami Beach on and off since 1970 and continuously since 2004 and have no plans on leaving. on the technical aspects of a proposed ordinance. You imply that your contempt for me (and my ―ilk‖ as you said on another occasion) is shared by the administration and the commission. The persons questioned were certain as to what has been customarily done by the Page 10 of 13 . employ the plural pronoun.000 from him just to get a hearing of his cause. to hear members of the public. on the other hand. starting with Jane Gross. since you. Anyone of average intelligence would not be surprised that a so-called impartial opinion from the City Attorney Office. on the one hand. he says he would have to recuse himself instead of advising them on matters affecting his interest. at the last moment. an expert in that process. ‗we.' I went to the clerk with my question about process after I received allegations that it has been abused by the city attorney. Although it was said that ―this is not a public hearing. then.MIAMI MIRROR – TRUE REFLECTIONS What he would not adopt he would not recommend. is laced with a personal insult. who was standing eagerly by for that purpose as her husband looked on as commissioner. no matter how innocently. and sometimes with threats of retaliation. as well as the handling of negotiations with its advocates. because I figured the clerk was intimate with the process he sits in on. to the effect t hat Griffith‘s suit against Jane Gross was an attempt to blackmail the commission into getting him a liquor license. but when you repeated it. The commissioners virtually covered their eyes. But to return to Walters‘ letter to Smith: Your question is obviously a statement since you do not bother with a question mark. the person whom Griffith had sued for libel and slander. and would no doubt express his opposition in one way or another. Their animosity against him for suing a commissioner‘s family member was expressed at secret closed-door sessions. at a first hearing. he claims he does not advise commissioners. and that the opinion and the process leading up to it could be wittingly or unwittingly prejudiced. would have some influence on the commissioners‘ votes.‖ w e notice that Smith tacitly advised the chair. held on September 9. Now.

He chastised you for your insulting behavior towards me. Your previous insults were far more intense than on this occasion. Llewellyn pointed out where you were mistaken. You misstated if not misrepresented the involvement of your office in the dismissal of David Weston. a fire inspector who persisted in complaining about ―missing monies. ―How do you and other so called leaders sleep at night? Do you ever have trouble looking in the mirror? How do you rationalize away the fact that Miami Beach management. But how do the lawyers or anyone else on the commission know that your answers are any better than those that would be provided by a Magic 8 Ball unless your office is subjected to some sort of peer review? As a layman I have my doubts.MIAMI MIRROR – TRUE REFLECTIONS commission. your second attempt to shame and defame me with an editor for a publication that I do not work for and occasionally submit freelance articles to. an esteemed fire fighter who blew the whistle on similar official conduct. trying to get him fired by replacing the current chief master with your favored colleague in order to use him as your instrument to accomplish your ends. has repulsively Page 11 of 13 . and said. You used an unlicensed psychological analysis within a personnel file to discredit Jim Llewellyn. and personal prejudice and intemperate behavior that tends to interferes with good judgment. Babak Movahedi. Citizen activists usually operate using their own time and resources. Their role is especially vital when government managers seem more interested in self preservation and political considerations than positive reform. Mr. in part: ―You actually seemed more interested in insulting and denigrating the person doing the inquiry which prompted your comments regarding my suit than you do in acknowledging the truth. apparently because the askance begged concerned your attempts to control the special master system and other systemic opportunities to write off monies due to the city. which the human resources director said would be improper. who bucked your opaque system. Weston‘s files were purged of commendations and withheld from him for months. While some in government may be irritated by their efforts the truth is they play a critical role in keeping government honest which has obviously been a problem in Miami Beach for many years.‖ Together with your ―secret police agent‖ you waged a hateful campaign against one of the special masters. but not with its propriety. of which you are a part. as if you were an infallible pope. Mr. drawing the ire of City Clerk Robert Parcher. They referred to you. all the while being paid handsomely by the very same taxpayers they have betrayed…. not because of a difference in opinion over law but because I have noticed several misstatements made by you. You called my constructive suggestion that the write offs be accounted for and regularly reported ―moronic.‖ by categorically denying that involvement.

Ramboism – Unprofessional Ethics F. along with the continuing resistance to acknowledging the truth for the sake of positive reform. Fighting Entrenched Bureaucracy in Miami Beach D. The Complaint of Complaints about Miami Beach Officials J. and embrace with respect and with suitable deeds the new and improved administration we hope for. David Arthur Walters Exhibits A. Given the indisputable evidence of extensive corruption that has occurred under your and the rest of Miami Beach government management‘s watch. resulting in unnecessary endangerment and losses to Miami Beach residents and visitors. Rambo-lawyers. dumb. would be respectful. Saving City of Miami Beach Government from Hellfire Page 12 of 13 . City Attorney Misinterprets City Charter I. Have you no shame?‖ You seem to believe that your best and perhaps only defense on this subject is the fallacious argumentum ad hominem typical of old-fashioned. Smith-Llewellyn Public Email Record B. and blind when their personal conduct is questioned. I will be glad to commend you. I must ask. But again I say that if you were willing to give up your insolent representation and/or personification of maladministration. Jose Smith Rewarded C. or at least keep smartly silent. Unaccounted For City of Miami Beach Writeoffs a Potential for Corruption G. Showdown at High Noon in Miami Beach – Secret Police Background E. whose conduct bar associations periodically condemn as unethical. or wish to appear as such. That you have gotten away with this for long. is ―very telling‖ as to your real role in governing this town. repent of your overweening hubris. and a commissioner would lose respect among the electorate. It is no wonder that you wish to keep a low profile. Yet you are not remiss to do your best to publicly discredit and insult your questioners while the other officials. Sometimes I believe the wrong ―boss‖ was retired. Any other city employee would be reprimanded or fired for such conduct. You asked the person making the inquiries about my suit if he had no shame. Respectfully.MIAMI MIRROR – TRUE REFLECTIONS failed to provide honest government for many years. There does seem to be a tendency for our public officials to be deaf. either because they are ladies and gentlemen. Hell on Wheels Bomber Lawyer H. and have even been awarded another lucrative employment contract by the commission.

MIAMI MIRROR – TRUE REFLECTIONS ## Cadmus Slaying Dragon Page 13 of 13 .

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