Jeremy
10-06-2007, 04:19 PM
FYI- Email:
=====================
Subj: Article in Florida Times Union by Mary Kelli Palka
From: Mike Hogan
To: Holt, Ray; Graham, Art; Fussell, Ronnie; Joost, Stephen; Johnson, Glorious; Davis, Daniel; Corrigan, Michael; Jabour, Jay; Hyde, Kevin; Yarborough, Clay; Clark, Richard; Shad, Art; Gaffney, Johnny; Jones, Warren; Bishop, Bill; Redman, Don; Webb, Jack; Lee, Denise; Jones, Mia; Hogan, Mike
cc: Holland, Jerry; Overton, Jim; Diebenow, Steve; Rutherford, John H.; Luker, Allison; Doran, Debra; Cates, Gerald; Crooms, Alvin; Norman, Todd; Peavy, Paula; 'wanted71@bellsouth.net'
Date: Oct 6, 2007, 12:01 pm
Perhaps by now you have read the above referenced article that appeared in the TU on Thursday October 4, 2007. I would now like to pretend I'm Paul Harvey, I wish I possessed his voice quality) and tell you the "rest of the story". I'll list my commentary in red after the TU's comment. If you have any questions don't hesitate to call me.
-------------------------------------------------------------------------------
Hogan: Leave my budget alone (Never made that statement or anything like it)
Duval tax collector says state, not city, has spending oversight (Never made that statement - did say both DOR and City Council had oversight)
Duval County Tax Collector Mike Hogan says he isn't against consolidation, but he's adamant that the City Council isn't the appropriate body to have the final say on his budget. (I said I preferred to exercise my option to submit my budget to the DOR with final approval by the City Council - in the same manner as the Property Appraiser does now!)
Hogan has had several complaints about the city's budgetary practices (not a budget issue but a purchasing issue) , which he said has forced him to pay more for purchases than he would pay by going to a local wholesale club. (Truth)
He also said he can't switch money within his own office budget accounts without first getting approval from the Mayor's Budget Review Committee. (In 2003, as the result of an amendment to the budget in a Finance Committee meeting chaired by Councilman Daniel Davis, and, at the recommendation of Council Auditor Richard Wallace the committee and later full council voted to give that right to our office as long as the internal moves did not exceed the aggregate total of funding for that fiscal year. Again this is currently the status of the Property Appraiser's office but has yet to be acknowledged for our office.)
Hogan said he has the responsibility to run the office and also wants (needs) the financial authority. (Truth)
As an elected constitutional officer, Hogan believes the Florida Department of Revenue should approve his nearly $14 million budget. (Truth as outlined above)
He's been advised by a Tallahassee attorney that the Tax Collector's Office isn't a part of the city's consolidated government and the council shouldn't control his budget. (Mr. Van Assenderp believes the Charter is flawed.)
But Jacksonville General Counsel Rick Mullaney disagrees. He said one of the main reasons of consolidation was to streamline all parts of the city government to reduce redundancy and eliminate potential conflicts between agencies. (I won't edit Mr. Mullaney's statements.)
The city charter requires the council to approve the budgets of consolidated government. (See note above regarding Budget process for Property Appraiser.)
The Department of Revenue heeded Mullaney's advice and told Hogan on Aug. 27 that the state isn't authorized to approve the tax collector's budget. (like they say on the Hertz Commercials "not exactly". You should read the letters from the DOR yourself for clarity.)
Hogan said he doesn't know what he'll do next, other than he won't sue the city to force the issue. (Truth)
Hogan notified the Department of Revenue in July that he intended to submit his office budget to the state for approval. He was advised by Tallahassee attorney Ken vanAssenderp, who represents the Florida Tax Collectors Association. Hogan said he didn't pay for vanAssenderp's legal advice. (Truth, with one additional note – every year since I’ve been in office the DOR has written me asking me to submit my budget to them. I tried to work out an agreement with members of the Administration and although they indicated they thought my plan had merit nothing was ever done.)
Hogan said his concern is over making sure taxpayer money is spent appropriately. (Truth)
One story he tells is when one of his office managers asked for a picnic table so employees could have a place to eat lunch outside. Hogan said he spotted a $99 table at a local wholesale club but was told the store wasn't on the city's approved vendor list. Hogan said it would have cost hundreds of dollars more to buy the table through the city procurement process, so he passed on it. (Truth – the purchasing department put it out to bid and lowest price was $695.00! I shared the story with a couple of friends and one donated the materials and the other built the table for free. It was placed at our Commonwealth Branch, was a beautiful, well built table, but we never could get the Recreation Dept. to anchor it down and it was stolen on July 4th weekend 2004. We didn’t want to go through the process again – so now there’s no table.)
The Department of Revenue's deputy executive director, Jeff Kielbasa, said Wednesday the issue is local and requires interpretation of the city charter. That is the role of a city attorney, he said. ( In his letter dated Aug. 27, 2007 Jeff said "While it does not appear to be free from doubt, given your dual role under the Charter, the Department must defer to the opinion of the General Counsel……." On the phone with me before he sent the letter he indicated Ken Van Assenderp made the stronger argument but the Department did not want to get mixed up in local matters.
Though the Tax Collector's Office is represented by Mullaney's staff, Hogan said he sought outside legal advice because he wanted an "unbiased opinion." (Truth, however the Attorney assigned to my office, Loree French, is superior in every category and has provided my office and the citizens of Jacksonville excellent counsel)
Hogan, who is a former councilman, said he has feels that the General Counsel's Office advice often is based on what the mayor wants. (Truth)
If there's a dispute about the interpretation of the city's charter, it's up to the city general counsel to determine the correct interpretation, Mullaney told the Times-Union Wednesday. (I can’t speak for Mr. Mullaney)
Mullaney said Hogan's decision to go to an outside attorney for an opinion is "both improper and incorrect." (Although I can’t speak for Mr. Mullaney I think his statement, if accurately reported, is simply illogical – I can ask anyone, including an outside attorney or a state attorney, for their opinion on matters related to my office. If he really said that, that's pure arrogance. However, it is true I can’t hire an outside attorney without his approval nor have I done that.)
Hogan is well-intended but should work within the system when he has a dispute about how the government is run, Mullaney said. (That’s exactly what I’ve been doing.)
=====================
Subj: Article in Florida Times Union by Mary Kelli Palka
From: Mike Hogan
To: Holt, Ray; Graham, Art; Fussell, Ronnie; Joost, Stephen; Johnson, Glorious; Davis, Daniel; Corrigan, Michael; Jabour, Jay; Hyde, Kevin; Yarborough, Clay; Clark, Richard; Shad, Art; Gaffney, Johnny; Jones, Warren; Bishop, Bill; Redman, Don; Webb, Jack; Lee, Denise; Jones, Mia; Hogan, Mike
cc: Holland, Jerry; Overton, Jim; Diebenow, Steve; Rutherford, John H.; Luker, Allison; Doran, Debra; Cates, Gerald; Crooms, Alvin; Norman, Todd; Peavy, Paula; 'wanted71@bellsouth.net'
Date: Oct 6, 2007, 12:01 pm
Perhaps by now you have read the above referenced article that appeared in the TU on Thursday October 4, 2007. I would now like to pretend I'm Paul Harvey, I wish I possessed his voice quality) and tell you the "rest of the story". I'll list my commentary in red after the TU's comment. If you have any questions don't hesitate to call me.
-------------------------------------------------------------------------------
Hogan: Leave my budget alone (Never made that statement or anything like it)
Duval tax collector says state, not city, has spending oversight (Never made that statement - did say both DOR and City Council had oversight)
Duval County Tax Collector Mike Hogan says he isn't against consolidation, but he's adamant that the City Council isn't the appropriate body to have the final say on his budget. (I said I preferred to exercise my option to submit my budget to the DOR with final approval by the City Council - in the same manner as the Property Appraiser does now!)
Hogan has had several complaints about the city's budgetary practices (not a budget issue but a purchasing issue) , which he said has forced him to pay more for purchases than he would pay by going to a local wholesale club. (Truth)
He also said he can't switch money within his own office budget accounts without first getting approval from the Mayor's Budget Review Committee. (In 2003, as the result of an amendment to the budget in a Finance Committee meeting chaired by Councilman Daniel Davis, and, at the recommendation of Council Auditor Richard Wallace the committee and later full council voted to give that right to our office as long as the internal moves did not exceed the aggregate total of funding for that fiscal year. Again this is currently the status of the Property Appraiser's office but has yet to be acknowledged for our office.)
Hogan said he has the responsibility to run the office and also wants (needs) the financial authority. (Truth)
As an elected constitutional officer, Hogan believes the Florida Department of Revenue should approve his nearly $14 million budget. (Truth as outlined above)
He's been advised by a Tallahassee attorney that the Tax Collector's Office isn't a part of the city's consolidated government and the council shouldn't control his budget. (Mr. Van Assenderp believes the Charter is flawed.)
But Jacksonville General Counsel Rick Mullaney disagrees. He said one of the main reasons of consolidation was to streamline all parts of the city government to reduce redundancy and eliminate potential conflicts between agencies. (I won't edit Mr. Mullaney's statements.)
The city charter requires the council to approve the budgets of consolidated government. (See note above regarding Budget process for Property Appraiser.)
The Department of Revenue heeded Mullaney's advice and told Hogan on Aug. 27 that the state isn't authorized to approve the tax collector's budget. (like they say on the Hertz Commercials "not exactly". You should read the letters from the DOR yourself for clarity.)
Hogan said he doesn't know what he'll do next, other than he won't sue the city to force the issue. (Truth)
Hogan notified the Department of Revenue in July that he intended to submit his office budget to the state for approval. He was advised by Tallahassee attorney Ken vanAssenderp, who represents the Florida Tax Collectors Association. Hogan said he didn't pay for vanAssenderp's legal advice. (Truth, with one additional note – every year since I’ve been in office the DOR has written me asking me to submit my budget to them. I tried to work out an agreement with members of the Administration and although they indicated they thought my plan had merit nothing was ever done.)
Hogan said his concern is over making sure taxpayer money is spent appropriately. (Truth)
One story he tells is when one of his office managers asked for a picnic table so employees could have a place to eat lunch outside. Hogan said he spotted a $99 table at a local wholesale club but was told the store wasn't on the city's approved vendor list. Hogan said it would have cost hundreds of dollars more to buy the table through the city procurement process, so he passed on it. (Truth – the purchasing department put it out to bid and lowest price was $695.00! I shared the story with a couple of friends and one donated the materials and the other built the table for free. It was placed at our Commonwealth Branch, was a beautiful, well built table, but we never could get the Recreation Dept. to anchor it down and it was stolen on July 4th weekend 2004. We didn’t want to go through the process again – so now there’s no table.)
The Department of Revenue's deputy executive director, Jeff Kielbasa, said Wednesday the issue is local and requires interpretation of the city charter. That is the role of a city attorney, he said. ( In his letter dated Aug. 27, 2007 Jeff said "While it does not appear to be free from doubt, given your dual role under the Charter, the Department must defer to the opinion of the General Counsel……." On the phone with me before he sent the letter he indicated Ken Van Assenderp made the stronger argument but the Department did not want to get mixed up in local matters.
Though the Tax Collector's Office is represented by Mullaney's staff, Hogan said he sought outside legal advice because he wanted an "unbiased opinion." (Truth, however the Attorney assigned to my office, Loree French, is superior in every category and has provided my office and the citizens of Jacksonville excellent counsel)
Hogan, who is a former councilman, said he has feels that the General Counsel's Office advice often is based on what the mayor wants. (Truth)
If there's a dispute about the interpretation of the city's charter, it's up to the city general counsel to determine the correct interpretation, Mullaney told the Times-Union Wednesday. (I can’t speak for Mr. Mullaney)
Mullaney said Hogan's decision to go to an outside attorney for an opinion is "both improper and incorrect." (Although I can’t speak for Mr. Mullaney I think his statement, if accurately reported, is simply illogical – I can ask anyone, including an outside attorney or a state attorney, for their opinion on matters related to my office. If he really said that, that's pure arrogance. However, it is true I can’t hire an outside attorney without his approval nor have I done that.)
Hogan is well-intended but should work within the system when he has a dispute about how the government is run, Mullaney said. (That’s exactly what I’ve been doing.)