A Look At The Pinellas Grand Jury's Report

The grand jury that investigated the Pinellas County land deal did an excellent job. Here is its report: Download tb_presentment.pdf

As expected, the grand jury did not find any criminal violations surrounding the county's purchase of land from the elected property appraiser, Jim Smith.

Neither did the grand jury find that Smith, the County Commission, the county staff or the county attorney had "maliciously'' abused their positions. Nobody sat down and said, "I will now deliberately do something wrong."

But what the grand jury DID find is -- what's the right word? Disgusting? Outrageous? Disturbing? Deeply discouraging? The main points deal with:

* The values of Smith's land, as set by his office, and reported by him on his financial-disclosure forms.

* The county staff rushing the deal, ignoring normal procedures, and using shaky methods to come upon the purchase price.

* The county attorney pushing the issue and clearly advocating Smith's personal interests, while failing to make clear her role or the situation.

* The County Commission sitting there and let the whole thing sail through with no public discussion.

THE LAND VALUE

We're talking about 1.5 acres in northeast Pinellas that, two years before Smith bought it in 1994, was listed his office as having no usable upland, and being worth $1,200. The year he bought it, it was listed as having .47 acres of upland and being worth $22,500. It was reduced the next year. By 2006, the year before the county bought it for $225,000, it was listed by Smith's office at $59,600.

Without question, county workers violated Smith's property following the hurricanes of 2004 and 2005, which was his justification for seeking the county's purchase. But the grand jury found that the actual extent of damage is rightly disputed. After all, Smith was trying to sell it as a "beautiful custom home site'' for $400,000. The grand jury found "no satisfactory explanation" for that discrepancy.

On his financial disclosure form as a public official, Smith reported the value of the land to be $179,800 -- AFTER the county had agreed to buy it for $225,000. The grand jury used the adverb "incredibly" to describe that deed. "These valuations," the grand jury said, "cannot be taken lightly.''

THE COUNTY ADMINISTRATION'S ROLE

The grand jury found that the usefulness of buying Smith's land can be "hotly debated." Maybe the county can use it as a parking and staging area. The county used a guesstimate that Smith's land consisted of 70 percent upland. The county's appraisal was based on some questionable estimates -- one of the comparable land sales used for the appraisal was from a gated residential community!

The county did not follow standard procedures in weighing its legal liability in the case against the value of the property. The county staff felt pressured by the deal; notes in the file refer to interest in the purchase "from above." The grand jury found "a number of red flags" in the way the county went about the purchase.

THE COUNTY COMMISSION

The County Commission comes across looking like a group of passive patsies. Some did not even know, when they approved the purchase, that it came after Smith's legal threats. The commissioners approved the purchase with no public discussion, when it was patently obvious that one government agency buying land from another public official required the highest scrutiny.

THE COUNTY ATTORNEY

The county attorney, Susan Churuti, was clearing advocating Smith's personal interests. The waiver form that she got the county to sign more properly deals with conflicts of interest that occur between the county and other county AGENCIES. The grand jury said Churuti failed to make the situation clear. Her stated desire to make the process go more smoothly did not justify it.

CONCLUSIONS -- WHAT'S NEXT

I thought the grand jury also did a good job of putting this in perspective. We are not talking about bribery, or indictments, or the most serious level of corruption. Neither should this scandal call into question the integrity and hard work of the vast majority of public employees.

However, the grand jury said, this episode "should serve as a reminder to all officials and public employees that every citizen is entitled to prompt, fair and unbiased treatment and that maintaining the integrity of government and the public's perception of that integrity will require continuing vigilance."

My column in tomorrow's newspaper will deal more with what ought to happen next. The initial reactions by Smith ("Why should I resign?"), Churuti, County Administrator Steve Spratt and some of the commissioners do not show that they get it. If anyone thinks that the county can continue with business as usual after this, they are mistaken. Neither is it enough to point all the fingers at Churuti, make her the scapegoat and fire her. All parties share the responsibility.

Comments

[Karen]

Well said!! I've always been suspicious of elected officials and this is just the tip of the iceburg. Most of them have their hands in each others pockets, and that is why they get into public office in the first place.

[Lorraine Margeson]

Looking forward to it, Howard! I'm wrapped up in the Shell Key debate the last few days with the meeting tonight which WILL be contentious, your column will bring me up to snuff on Smith...........

Lorraine

[Jimbo]

This entire escapade has made great fodder for your newspaper, the examplar of Truth, Justice and the American Way on the spit of West Florida that is Pinellas County. I understand that the Times has information that links Susan Churuti to the real estate closing on Michael Vick's Bad Newz kennels in Virginia. It is also rumored that Joe Childs will be running a piece detailing some bathroom stall "toe-tapping" by Stve Spratt at a public restroom in Crest Lake Park. It appears that everyone has failed the St. Pete Times "test" except, of course, the St. Pete Times itself. Peace. Out.

[None of the Above]

Imagine My Surprise…as in No Surprises here…

Further, while the Times has shown an extraordinary interest in all aspects of this particular story/event, and are actively REPORTING on it ( if there is any surprise here then for me, this is truly it ) how quickly the Times let’s this story fade to black will be truly telling.

My guess is that it will last only long enough to demonstrate the “unbiased reporting prowess” of the Times Editorial Staff with enough time lapsing before the Times does the following:

The Times Proudly Recommends:
Ronnie Duncan for County Commissioner
Karen Seel for County Commissioner
Bob Stewart ( should he choose to run ) for County Commissioner
And last and in my book least, Kenny Welch for County Commissioner…

Go get ‘em Howard, or at least go as far as the Board lets you…

It will be interesting to see how worried Mr Welch particularly is and will be easily determined by whom he throws under the bus in an attempt to protect his “good” name – same with the rest of them but particularly him.

[David Mathews]

Hello Everyone,

It is good to reveal corruption in the government. The newspaper has served a good purpose and done a good deed, maybe I should forgive the St. Petersburg Times for promoting the consumer lifestyle (and all the reckless irresponsibility it represent) at least a thousand times per day, and ten thousand times on Sunday.

Could a newspaper exist without advertisements (both explicit as in the actual ads and implicit in the form of newspaper articles which function serve to promote and justify consumerism)?

I doubt that a newspaper could exist without selling houses, cars, consumer products, television shows, and fast food. How can America break its unhealthy and destructive addictions when all the sources of cultural information are flooded perpetually with the propaganda and misinformation contained in advertisments?

Instead of promoting consumerism (in all of its forms) the newspaper should discourage the public from engaging in self-destructive, planet-destructive behaviors.

If the public needs a motivation, tell them that the United States is headed into a catastrophe. Gasoline shortages are a real possibility from here on out and they will become perpetual within five years.

Consider what the EIA says about America's present gasoline situation:

"However, recently, as gasoline demand reached its seasonal peak, imports declined and refinery problems dampened domestic refinery production, such that inventories have been used to meet demand. Over the last four weeks, total gasoline inventories have dropped by more than 12 million barrels, or somewhat faster than normally seen at this time of year. This sharp drop in inventories leads us to the bad news for consumers.

"As the chart below indicates, not only is the absolute level of inventories low (see Figure 4 in the Weekly Petroleum Status Report), but in terms of days of supply, it is the lowest ever recorded (the days of supply data goes back to March 1991), reaching just 20 days. This is even fewer days than seen following the hurricanes in 2005. While the absolute level of total gasoline inventories has been slightly lower a few times in recent years, when the level of demand is taken into account, it has not been this low before."
( http://tonto.eia.doe.gov/oog/info/twip/twip.asp# )

For those who would like to see a present-day manifestation of gasoline shortages in America, consider the following news story from North Dakota:

http://www.kxmb.com/getArticle.asp?ArticleId=157178

Needless to say, from the standpoint of energy America. The market is presently wel-supplied and Hurricane Dean was nice enough to hit an unpopulated section of Mexico instead of heading to New Orleans or Houston.

Yet, even so, we have seen all-time record high prices for both gasoline and oil this year.

In the future we won't be so lucky in two respects: 1). The market won't be so well supplied, and 2). A hurricane will eventually reach the Gulf of Mexico's oil patch again.

Americans need to begin changing their lifestyle now rather than wait for a catastrophe to force these changes upon us. Do you suppose that the residents of Pompeii imagined that they could outrun Vesuvius if it ever erupted?

If Americans wait too long this catastrophe will overwhelm us and destroy our future. Shouldn't the newspaper begin warning the public now?

[20/20]

From page 9-on… is extremely interesting. Among the many, many, many interesting notables is this comment found on page 13; “No public discussion took place before the unanimous Commission vote on June 5, 2007 to buy the property that would have in any way alluded to the owner of the parcel being an elected official.”

The Times should print this document in its entirety for all taxpayers in Pinellas to see. Moreover, it should be printed as a separate paper “Extra, extra… read all about it” and delivered to each and every taxpayer’s home located within Pinellas County. That act alone would constitute a sincere “service to our community” by the St. Pete Times.

It has been all along, and remains my position… that Smith broke no laws. The guilty parties in this matter are the County Administrator and members of his staff, the County Attorney and members of her staff, and the entire (7-0 ill-informed, irresponsible, and unanimous approval) Board of County Commissioners. And the Times should make every effort to assure that as many taxpayers as possible read and/or know the “whole story”… before the spin and blame game gets too far ahead of it.

Well done, Howard… simply put; YOU DA MAN! … o’ the people.

the spin and blame game is well underway. Read today's letters to Commission from Spratt and the County Attornry.

I think all the hoopla about Smith's deal is a tempest in a teapot. It's drawing attention away from more important issues. Did he make a good deal? Sure. A little shaky? Probably. But what he may have cost taxpayers is a spec on a mosquito's butt compared to what the rest of our government is costing us every day. Real workers are being cut from the payroll while the goober smoochers continue to live high on the hog. We're paying one county employee almost a quarter of a million dollars salary every year, for Pete's sake!

[Larry]

Howard you were right. No charges, but the stench is overwhelming. And Mr. Smith can still look into the camera and say he did nothing wrong, and with a straight face. Please continue to remind the voters who is up for re-election this year so we can voter for whoever runs against them. I firmly believe that we have the most corrupt group of County Commissioners who are milking the taxpayers and crying poor mouth because they are being forced to accept a tax cut. Now I know the SPT is anti-tax cuts, but we folks think we are paying too much for the quality of what we are getting.

[Karen]

Hmmmm, not a word from Mark?

I wonder why the “We’ll try better next time” excuse only works for politicians and high-ranking government employees.

Let’s see…

“I’m sorry your Honor, for killing that innocent person. From this point forward though, I will recommend implementation of a practice that requires a review and report of claim resolution alternatives in future circumstances like this.”

Hmmmmm, nope, doesn’t fit there either.

Karen,

I’m certain that Pam has told Mark to stay off the Troxblog. Mark's boss, Steve, probably had a word or two for him as well.

[Howard Troxler]

Howard here. That 1:37 p.m. post is pretty funny and I am kind of jealous. Now I can't use the idea... I dunno, maybe I still can. It IS pretty classic, very typical Spratt: I am sorry, let's name a committee, etc.

Re: Mark: I don't think he's who you think he is... "our" Mark is a lawyer w/ land-use experience and I don't the Alleged Mark is...

[20/20]

Howard,

Excellent article, and as usual, absolutely dead-on-point. Were it not for the efforts of you, Will – and yes, your bosses (credit when and where it’s due) – Pinellas taxpayers (and voters) would never have heard of this. Will’s tenacity, your direct and earnest intuitiveness, and your bosses’ professional support are to be commended.

From my oft displayed “healthy skepticism”, it is my hope that this episode is more than a pre-campaign season, proverbial “tossing of a bone to the dog”. Clearly, and without question… this is only the tip of the iceberg. There are many such cases that have occurred, and have simply gone undiscovered. Oh, if the walls (behind the public throne) could talk.

Commissioner Seel’s comment is quite telling as to how she sees this matter being handled by the BOCC, "I'm going to ask how they are going to go about doing business differently."… Where?

Welch and Seel are up for re-election… so expect well-crafted, consultant-written denial and responsibility transference speeches and comments… from them. Stewart will not run again, so no need for him to talk at all. Duncan may just bow out, unless convinced otherwise by the “King Maker”. Expect obligatory comments of support from the remaining three.

Keep up the good work on behalf of the people… for that; is the true meaning of “public service”.

Howard, 1:37 here. You most certainly have my permission, I'd be honored... privately. ;-)

[Lorraine Margeson]

You kiddies at the Times are missing out on ANOTHER BIG SCANDAL, this time involving Pick Talley, Director of Pinellas County Utilities, and a SCATHING report called the Bellaire Audit from the Clerk of the Circuit Court, here's the URL link to the report

http://www.pinellasclerk.org/RPT2007-12.pdf

And a Channel 8 news report on this audit:

http://tbo.com/video/xml/MGBW3HBTZ5F.html

Hello!......wasting taxpayer money again......BIG TIME.

Lorraine

[Lorraine Margeson]

My mistake, Times...didn't come out South County:

http://www.sptimes.com/2007/08/31/Northpinellas/Audit_rakes_county_ov.shtml

Lorraine

That’s ok Lorraine… they didn’t do much with the taxpayer-funded private hunting grounds called “Cross Bar Ranch”, either. Talley’s all over that one too.

I give the Times credit for this scandal’s coverage, but they need to keep going and dig deeper into many others.

[Dale Lissner Portland Or.]

Mr. Troxler,

You've done an xlnt summerization and kept it in "prairie justice" language.

I too have had to deal with the "corruption in Pinellas County" from a 3,000 mile distance.

My wife and I developed a proven cure for the nations huge overload of "unintentional 911 calls" which are now requiring up to 18 plus seconds for Pinellas 911 to respond.

In March of 2004 we "donated" at cost 30,000.000 cell phone button guards to your county to be given "free" to the public.

However when it began to prove successfull it was abruptly cancelled. Give a call to Mr. R. Willians dir. 911 Communications and Mrs. L.Buck Education of Public 911., they will stonewall you.

It seems pressure from the misenginerred cell phone "button 9 auto call 911" industry and the 911 centers (6,500 nationwide) count those accidental calls towards increasing their budgets and overtimes.

Please review www.stopaccidentalcalls.com and in particular the 52 pg. investigative report.

The corruption and scandel nationwide dwarfs the "land for $" scandel

Respectfully, Dale Lissner