Do you remember the good old days when North Miami resident Ellen Abramson would complain about corrupt local politicians, and end each rant with “WHERE ARE THE AUTHORITIES?”
Good times.
Sadly, Ellen seems to have given up the fight.
Unfortunately, most people eventually, and wearily, accept the fact that “THE AUTHORITIES” either don’t care or they’re just as corrupt as the politicians they’re supposed to be babysitting.
While I’ve long suspected it’s the latter, it’s become quite apparent that far too many of the agencies created to protect the public trust are useless appendages of a bloated system which employs people who aren’t all that committed to fighting corruption. After all, when they receive a citizen complaint that can’t be passed off to another agency, they might have to do stuff that possibly involves work.
So, if “THE AUTHORITIES” can rubber stamp “No Probable Cause” on a file before quitting time, so much the better.
When North Miami Beach resident and former Councilman David Templer became furious about the constant delaying of North Miami Beach EX-Mayor Myron Rosner’s criminal trial, he filed complaints with the Florida Department of Law Enforcement, the Office of the Attorney General and the Federal Bureau of Investigation.
The FDLE responded with, “It’s not OUR job.”
David also sent me a copy of the response from Gregory Powell, Office of Citizen Services of the Office of the Attorney General, who stated, “By contacting the FBI and the FDLE, you contacted the appropriate authorities.”
He also noted, however, “It’s not OUR job.”
David has yet to hear back from the Federal Bureau of Investigation, which agency is notorious for simply ignoring citizen complaints.
In the off chance that the FBI ever does respond, I’m sure it will be something like, “It’s not OUR job.”
By the way (in case anyone cares), Myron’s 19th Imaginary Trial Date is now scheduled for the week of February 29 – March 11, 2016.
I file a lot of complaints against public officials. I can’t even begin to count how many I’ve filed, but I can tell you most of them go absolutely nowhere.
On that rare occasion “THE AUTHORITIES” decide there’s enough “probable cause” to investigate a complaint, I usually fall off my chair in shock!
Rejection letters do not deter me, though. When I’m convinced that a politician has crossed over to the “dark side,” it infuriates me. I’m not one of those people who can ignore corruption. Whether or not “THE AUTHORITIES” give a crap is not my concern. I have to at least try to do something about it. Good governance is the responsibility of every citizen.
As such, after involuntarily being on the receiving end of two rude and highly inappropriate emails sent by North Miami City Clerk, The Hon. Michael A. Etienne, Esquire, I promptly filed complaints with The Florida Bar, the Office of the Attorney General, and the Florida Commission on Ethics.
In the first email, he chastised Councilwoman Carol Keys for referring to me as the “requester” [of public records], and ordered her to refer to me as “your good old buddy, Stephanie.”
Also referring to me in his second email, he addressed both Councilwoman Keys and Councilman Scott Galvin by stating, “As you know, we wear a badge of honor when certain people have negative comments about us…it simple [sic] means that we are doing our job pissing off the RIGHT WING TEA PARTY BIGOTS.”
Coming from the likes of Michael Etienne, these childish comments weren’t surprising. But, the fact that he is an elected official, as well as a member of The Florida Bar, his extremely poor choice of words in a public email had to be a violation of just about every rule of professional ethics imaginable.
Or so one would think.
The first response I got was from William W. Wilhelm, Bar Counsel of the Attorney Consumer Assistance Program of The Florida Bar. I’m not sure if he even read my complaint, or if he had a reading comprehension problem, because his response made absolutely no sense whatsoever.
On June 11, 2015, he wrote me a letter advising me that “a person elected to a constitutionally created office who must be a lawyer to hold that office is not answerable to The Florida Bar while that person holds office.”
Mr. Wilhelm advised me he was closing the file by stating, “Therefore, the Bar does not have jurisdiction over the elected State Attorney or elected Public Defender in any of our Judicial Circuits, nor do we have jurisdiction over the Attorney General of our State.”
I guess Happy Hour starts early in Tallahassee.
I immediately called The Florida Bar to ask for an explanation of Mr. Wilhelm’s incomprehensible letter. I was instructed to appeal his decision by writing a letter to Ms. Shanell Schuyler, Director of Intake, of the Attorney Consumer Assistance Program of the Florida Bar.
In a letter dated June 23, 2015, I explained:
This office of City Clerk, which Michael A. Etienne Jr. holds, is not “a constitutionally created office,” nor is he required to be a lawyer to hold this office.
While The Florida Bar may not have jurisdiction over an elected State Attorney, an elected Public Defender, or the Attorney General, Michael A. Etienne Jr. does not hold any of these positions.
I further enlightened Ms. Schuyler by opining:
It is my contention that the fact Mr. Etienne does hold an elected position, The Florida Bar does have jurisdiction over any alleged misconduct on his part regarding the integrity of his position as a member of The Florida Bar. Rule 4-8.4, Misconduct, specifically states, “Lawyers holding public office assume legal responsibilities going beyond those of other citizens. A lawyer’s abuse of public office can suggest an inability to fulfill the professional role of attorney.”
Citing the Bar’s own Rule got her attention, because on August 28, 2015, Ms. Schuyler wrote back advising, “After reviewing the qualifications of the city clerk, it appears that indeed, The Florida Bar would have jurisdiction to institute disciplinary proceedings against Mr. Etienne for violations of the Rules Regulating The Florida Bar despite his elected official status.”
Indeed!
The elation, however, was fleeting.
Ms. Schuyler said she was still closing the file because, “Admittedly, Mr. Etienne’s choice of words in his email dated May 14, 2015, was lacking in refinement; however, they did not rise to the level of a violation of the Rules Regulating The Florida Bar warranting the imposition of discipline.”
LACKING IN REFINEMENT?
YA THINK?
Moving right along…
The response I received from the Office of the Attorney General was nearly identical to the one David Templer received.
Beverly Bailey of the Office of Citizen Services of the Florida Attorney General’s Office sent me an email on June 18, 2015, conceding that “The Florida Bar … is the appropriate authority to review concerns involving an attorney or law firm.”
Ms. Bailey also noted that I contacted the Florida Commission on Ethics, which I will assume is also an appropriate authority, and advised me to “continue working with those agencies.”
In other words, “It’s not OUR job.”
Even funnier, in an email attached to Ms. Bailey’s, one Pat Gleason, Special Counsel for Open Government, responded to my “concerns about the statements of the clerk” by advising, “…you may wish to refer your concerns to the clerk’s supervisor or the city council for review.”
IS THAT A FREAKING RIOT, OR WHAT?
As we all know, Michael Etienne has no supervisor, and no one – NOT The Florida Bar, NOT the Attorney General, NOT even the city council – has the AUTHORITY to force him to follow laws, rules or protocol.
The proverbial last house on the block, which is the Florida Commission on Ethics, may be North Miami’s only hope of putting a stop to Michael Etienne’s insufferable arrogance and tyrannical rule of the City Clerk’s Office.
In a letter to Michael A. Etienne, Esquire, dated May 21, 2015, the Commission advised him that a complaint was made against him, and that they will review whether or not the allegations are legally sufficient. This is the standard letter the Commission sends to any person against whom a complaint has been filed. It could be a while before a determination is made. But, if the Commission does find the allegations made in the complaint to be legally sufficient, the fun will begin!
Unlike the Miami-Dade Commission on Ethics and Public Trust, the Florida Commission on Ethics doesn’t answer to Miami’s corrupt State Attorney Katherine Fernandez-Rundle. If there is any chance of getting “THE AUTHORITIES” to go after dirty politicians, it may come down to this particular agency. Hopefully, the Commission will take the complaint against Michael Etienne seriously.
But, like Ellen Abramson, and so many others who wait in vain for justice to be served, I am not holding my breath.
Stephanie Kienzle
“Spreading the Wealth”
This type of problem stems from the simple fact that the only profession from doctor to manicurist that isn’t regulated by some independent State board is the legal profession. The Bar is a form of self regulation without any checks or balances. When someone files a complaint against a doctor there is a detailed investigation and many are suspended or have their license revoked. Not so with lawyers. They have to steal their clients money or commit a felony. Any complaint less than that is a source of internal humor. Compared to doctors, lawyers are rarely punished…but that’s because they are far more ethical. If you want to see some real results let’s get a constitutional amendment requiring that lawyers be regulated like doctors and everybody else…by an independent commission with non-lawyer members.
It’s interesting that “it’s not my job” attitude goes from office to office. They need another office, please refer your complaints to the office of “It’s Not My Office”! These people are paid big bucks to sit and do NOTHING! At the end of their “career” they collect S.S and retirement, oh yes for doing NOTHING!
They won’t do anything all they do is talk and deley.Its an old tactic delay, deny, don’t pay!
I no longer wonder where the authorities are because it doesn’t matter what goes on in North Miami.
Wow. You may want to contact Florida Government Watch. Google them. They would have a field day with Mr. Eitienne, Esq. a real City Clerk knows you can not have each department handle their own records when it comes to requests and retention. What a joke!
Also, Councilwoman Keys may want to consider a censure of this guy. She can’t fire him, but she can call for her body to censure him. Enough is enough.