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Venice Florida! dot com

Feds ink plea deal with city; criminal investigation now focused on nailing "The Executive Group"
$110,000 minimum in fines, and guess who gets to pay the freight? And what, exactly, is The Executive Group?
-- John Patten, 04/08/05
--
jpatten@veniceflorida.com

Got a comment? Make it here.

RELATED:
Full text: the plea agreement between the U.S. Attorney's Office and the City of Venice
-- posted to the web on 04/07/05

 

$110,00 in fines minimum, plus legal fees
City Manager Marty Black released a copy of the tentative plea agreement between the city and the EPA earlier this week. According to Black, the monetary hit is a big one: the city has tentatively agreed to pay a minimum of $110,000 in fines. That's if a Federal judge accepts the agreement.

The agreement itself primarily covers two sets of incidents: numerous unmetered and falsely documented releases of treated wastewater into Curry Creek and on-again-off-again flooding of parts of a county park, again with treated wastewater.

The Gondo did a good job of clarifying the criminal incidents that the EPA is looking at with regards to the city as a defendant. The Herald-Trib actually did a good job as well, with one minor error -- the Trib refers to the flow meter that was supposed to monitor treated waste being pumped into Curry Creek as "broken." The EPA plea agreement refers to it as "inoperable." Information I have received indicates that the flow meter in question was always fully functional, but it was frequently deliberately disabled by wastewater employees. According to the plea agreement, whatever the cause, the problem was fully known by utils management, who in turn authorized the falsification of flow data that was then turned in to the Florida DEP.

Bottom line: taxpayers will have to fork over $110,000 minimum in fines to the U.S. government. The fines could be larger as no judge has yet approved the deal. And that doesn't include all of the attorney fees that we've racked up over the past three years. That bill will likely cause Taxpayers League prez Herb Levine to have a stroke.

Here's hoping the Feds will consider taking payment in trees.

But wait, there's more: we're also agreeing to pay restitution for any environmental damage that we've caused. So far, nobody's made any claims, but that could change and environmental cleanups are notoriously expensive.

The city is only one defendant of many. According to the plea document, the EPA and the U.S. Attorney General's Office are still looking at numerous individuals. Most, if not all, are part of what the Feds are calling The Executive Group, and the city, as part of the agreement, now has a binding duty to help the Feds in gathering evidence against The Executive Group for future prosecutions. According to the agreement, if the city falters in this area, the agreement is null and void and the Feds will go after the city like a cat after an escaped hamster.


Former utils director John Lane (left) and his assistant, Patricia 'Pat' Wilson, the assumed leaders of what the Feds are calling "The Executive Group" (file photo)
Venice residents and anyone who cares about the health of the creeks and bays that flow into the Gulf should thank EPA investigator Dan Green and other federal officials for pursuing this case.

Also deserving of praise is local resident John Patten. Over the last three years, he repeatedly urged city officials to look into illegal dumping by the Utilities Department. If those officials had listened to Patten, they might have saved the city a lot of trouble and a lot of money.
-- Accept EPA offer, editorial, Sarasota Herald-Tribune, 04/09/05

Dead pine trees, decaying vegetation and animals scrambling for new wetland habitat are all present at Sarasota County's park along Knights Trail Road. And it's all the city of Venice's fault, according to the Environmental Protection Agency.
-- City pleads guilty to polluting water, park. Venice Gondolier Sun, 04/08/05
Under the pending settlement, which must be approved by a federal judge and the City Council, Venice must assist the U.S. Department of Justice and the Environmental Protection Agency in prosecuting any current or former employees who may have violated the Clean Water Act.
-- Venice expects fine over dumping, Sarasota Herald-Tribune, 04/08/05

Q&A with Marty
Most of the questions I asked Black in a quick phone interview were answered with a standard "I am not allowed to discuss that under orders from the United States Attorney General's Office," which I expected and have no reason to disbelieve. These were questions like "Are indictments in the works against former employees?," "Who is the EPA looking at in particular with regards to criminal charges?," and the like. I knew he was going to duck on those questions, but I had to ask anyway.

I was able to get an answer from one question: "The EPA is only looking at former employees, right? To your knowledge, the Feds aren't looking at any current employees?"

"That's correct."

"What time frame are we looking at before the Feds charge any individuals involved?"

Black paused. "I don't know."

"Don't know or can't say?"

"I really don't know."

"So what's your feel, two months, six months, a year?"

I could hear Black puffing out his cheeks and blowing air out of his mouth as he tried to formulate an answer that would satisfy me. It wasn't gonna happen.

"You know, I truly have no idea," he finally said.

Which I have little doubt is true -- the Feds have been extraordinarily tight-lipped about the entire investigation all along, even to the point of refusing to acknowledge that an investigation was ongoing despite grand jury subpoenas that had previously been served on city hall and city employees over the past three years.

There's one key difference between Black's statements and the plea agreement document. Black has repeatedly stated that the Feds are only going after former employees of the city. The plea agreement doesn't make that same distinction: "Defendant [City of Venice] agrees to cooperate fully with the United States in the investigation and prosecution of other persons, including its past and present employees" (item 8, page 4). As cagily and carefully worded as this document is, I refuse to believe for a second that those words "and present" were tossed in on a whim. While Black has been reported in the past as stating that we won't see current employees being led off in handcuffs in the future, I remain somewhat skeptical of the claim.

While the Feds are going after the city on just the Curry Creek and Knight's Trail Park incidents, that doesn't limit the Feds from going after others on incidents not mentioned in the city's plea arrangement. The EPA spent three years on this investigation, the FBI kicked in some man-hours as well, including a hidden-mic recording session with our former city manager. It's a sure bet that the Feds know about a heck of a lot more than what they've let out so far.

So is Black lying? Maybe, but if he is, it's understandable and I don't have a problem with it. Either he doesn't know for sure or he does know and he's under instructions to state publicly that he doesn't know. So either way, he has to give an answer that pleads ignorance.

From my perspective, there's a minimum of two current employees and one elected official that the Feds could go after if they wanted. The question then is, do the Feds want these guys too? I didn't ask Marty that. I wasn't going to put him in that kind of spot and besides, I already knew what his answer would be. See above.

 

The Executive Group
Almost humorously, the plea agreement refers to the environmental crime dynasty, ...ooops, I'm sorry, I mean the former utils management team that we have all come to know and love, as "The Executive Group."

Hey, it's The Executive Group! Woooooo-hoooooo!!!!

The first thing that sprang to my mind was all of those Kids in the Hall sketches that involved tailored suits, bright ties, martinis and truly aberrant behavior. The second was cheesy businessman clip-art, which I dutifully inserted onto this page.

Starting on page 14, the document describes The Executive Group as "high-level executives, managers and supervisors [whose jobs were] to oversee the day-to-day operations of the Pollution Control Division and the Eastside Wastewater Treatment Facility."

The document then goes through a long and redundant-sounding series of accusations aimed at members of The Executive Group, both collectively and individually, but without ever actually naming any individual person as a member. The Gondo boldly took its best guess: "Speculation is this would involve some of the 13 who lost their jobs last August during budget cuts."

No kidding. Really?

It's fairly obvious from the wording in the plea agreement that former utils director John Lane and his assistant, Patricia 'Pat' Wilson, are considered part of The Executive Group. Based on the plea document, several of their underlings are in the group as well. What's not so clear is if the Feds are considering anyone above Lane and Wilson on the food chain to be part of that group. The wording is ambiguous enough to indicate that the Feds may be looking outside of the utils offices and into the offices of at city hall as well, like former city manager George Hunt and anyone else who had knowledge and did nothing * .

Note to John Lane: when law enforcement and prosecutors develop a pet name for you, like "The Family" (Manson), or The Box Bandit, or The Executive Group, you can pretty well take comfort in the assured knowledge that you're already screwed. Lose the Papa Hemingway beard and all that Florida Gators crap -- that way, the Feds will hopefully never spot you in a crowd. As for his former assistant, Pat Wilson, and the rest of The Executive Group: I hear it's nice in Iran this time of year and extradition from there is a bitch.

 

* You are bright enough to figure this one out for yourselves, but if I start naming more names, I'm probably going to have to sit through another Official Municipal Approved Temper Tantrum filled with threats of Litigation, Torture and Slow Painful Death, which, while highly entertaining for the one newspaper that shows up at council meetings, is tedious beyond belief for the rest of us, council and staff included, who have to sit through such elongated childish bullshit.

 

John Patten is the head of Web Operations for Creative Pages, and has worked in broadcasting for over 12 years. He can also be incredibly rude at times.

 


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