Monday, November 2, 2015

Ethics Complaint filed against City Manager Bornstein - Involves the Mayor

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Do you all remember Leona Helmsley when she said, "Only little people pay taxes?"  She was known as the Queen of Mean and believed she had privilege over the rest of us peons. Well, in Lake Worth there are officials who also might get some privilege at least according to the complaint that was filed with the Ethics Commission. Corruption comes in varying degrees and it can be simply abuse of power or position in order to acquire a personal benefit. It doesn't matter the monetary value of that benefit.

Rules or policy are not always the same for everyone. It is rather hard-pressed to understand why anyone, if they were having problems paying their utility bill with a certain credit card, (Triolo's explanation) that they would not just find a different way to pay it or try a different credit card. The city gives a utility customer plenty of time to pay their bill.

The complaint filed with the Palm Beach County Ethics Commission:

On 3/12/2014 @ 11:05am the Electric service was disconnected to 2417 North Federal Hwy Lake Worth, Florida 33460 due to nonpayment of their Utility bill. This residence is believed to be owned by Pamela Triola who is the Mayor of The City of Lake Worth. Later that day a work order was generated to reconnect the electric service. The work order had the job order instructions of "Re-connect per City Manager".

There was no payment made at the time the work order was generated. The account had an outstanding balance of $430.56. This amount plus the appropriate re-connection fee should have been paid prior to us re-connecting their electric service. This is in writing per our City Resolution 18-2008 section 2: Refusal or Discontinuance of service by City, Paragraph (I} reads as follows: For non-payment of bills or non-compliance with the City's rules and regulations. In the event a service is disconnected for non-payment of billing under Section 2. , paragraphs (F), {1), (J) or (K), full payment of the customer's total outstanding balance and-connection fees will be required prior to re-connection of the service.

This resolution was clearly by-passed by the Mayor and the City Manager so that the Mayor would have her electric service restored prior to making the required payment. The payment was received on the following day.

I believe these actions are a violation of the Code of Ethics Section 2-443. Prohibited Conduct. Paragraph (a) Misuse of public office or employment and I or Paragraph (b) Corrupt misuse of official position.

Read the full Complaint --it's a good read!..an Ethics complaint against City Manager Michael Bornstein that involved Mayor Pam Triolo.

The complaint was made by long time employee Joel Rutsky (who actually went out of his way to be helpful to all customers to solve their issues). He's smart and efficient and was promoted through the ranks and highly respected by all who know him. Right after the complaint was filed, Joel was suspended without pay for two days.

He at the time of the complaint was and is now the Revenue Protection Supervisor for Lake Worth Utilities (who was just placed on administrative leave) with no explanation. You can't help but believe that the city took its time with Mr. Rutsky to eventually issue a harsh punishment for simply following the duties of his job. You can probably guess what the Ethics Commission did.

36 comments:

Anonymous said...

Good for Joel. Elected officials has to be held to higher standards than the public or at least the same.

Anonymous said...

Un F***ing believable!! No one else in this city gets their electricity turned back on without first paying the FULL AMOUNT due!

Weetha Peebull said...

I posted this on Facebook
"Everybody who has their electric disconnected & claims they've paid their electric bill but the payment is pending - Great News! The Mayor has set a precedent (See PBC Ethics Case C15-008) where you too can call Mike Bornstien and have your disconnected electric reconnected by simply stating the payment is pending! You now have legal standing and if everyone is treated the same and Mike's 'doing the right thing' he will believe you (as he believed the Mayor) and even provide expensive 'after hour re-connection services)! Oh but wait - who has Mike's personal cell number for 'after hour services? No special treatment here - pffffft!"

Anonymous said...

It is amazing to me how you can twist facts to meet your objectives. How about mentioning the Ethics Charge was DISMISSED by the Palm Beach County Ethics Board for having NO merit.

The complainant is a disgruntled employee who has a history of employment problems. Now the AG is investigating him and others. You can speculate all you want but the REAL facts will come out from the AG investigation when its appropriate.

Lynn Anderson said...

How were facts twisted, anonymous at 12:04?
I don't recall it saying that there was "no merit." It said, after hearing Bornstein's and Triolo's explanations, that there was "no probable cause."
It's hard to fight city hall.
Next, I don't believe that Joel is a disgruntled employee as you claim, nor does anyone else.
Stop twisting the facts.

Anonymous said...

Actually it was found to warrant further investigation. Only after full investigation was it determined that the complaint had no probable cause to find anyone violated ethics.

Your headline fails to correctly state there was a finding of no probable cause therefore advancing your mantra that this commission is corrupt.

So who was hurt by Triolo's electricity being turned back on? It does sound like good customer relations especially if it is the Mayor that is being inconvenienced by a glitch in our system, something she had discussed publicly many times before.

Anonymous said...

This is just yet another PRIME EXAMPLE of the corruption that is tearing our city apart! In essence dividing the public (residents) and creating a disgruntled / harsh work environment for the employees. Has anyone seen the job posting board in City Hall lately? In over a decade of being actively involved in Lake Worth I have never seen so many jobs listed before to the point it’s spilling over the edges of the board. Everyone is resigning! Yet instead of management trying to make Lake worth a better place to work in building a bond between the employees, public & management they welcome resignations so they can repost their positions at a lower pay scale.



Joel is a great person and a very hard and dedicated worker who doesn't deserve what is happening to him. What the City Manager has done is a violation of ethics that goes hand in hand with the back alley deals from Hudson Holdings Gulf Stream Property. From the information I gathered on the City of Lake Worth Code Compliance Inquiry Website (Case numbers 13-303 & 15-487) they dismissed the violations for all the permits to do work to improve the hotel. Isn’t there something that can be done to hold these Officials accountable for the corruption they are continually committing??

I would sarcastically say it’s funny how a commission can approve a 4% raise then the city imposes stipulations on it so they won’t have to actually grant the raise but it’s not funny it’s a travesty! I don’t understand how the City can announce a raise to the public stating they granted it then deny it behind closed doors! It’s been over a month since Oct 1st and yet NONE of the employees have seen the raise... swept away under a pound of paperwork and sly bureaucracy! I guess 8 years with ZERO cost of living increases or a raise isn’t enough to ignite a spark in City Hall but it sure is making this city lose valuable people.

Just looking at the other departments I know a total of 12 employees who have resigned in the last 2 months alone, some last week, and for all the same reasons: “Why work at company that doesn’t care about you?”

I feel for the employees that had to leave and for Mr. Rutsky who is currently being dragged through the mud for believing a person still has right of an ethical complaint without fear of losing his position. In my book he did the right thing. I just hope it doesn’t cost him his job at the end of the day. Someone needs to air out the blankets of corruption that has been collecting filth from all the unscrupulous Officials climbing into bed with everyone for either financial or political gains. Once this city does that, whether it be from a public outcry or a rally of employees, we as a citizens will continue to watch this City spiral downward from a place with so much potential to wasteland in which it is steamrolling towards. It’s time to clean house in City Hall.

Anonymous said...

It was all a glitch in the sysem. It was the credit card's fault. Twinkies made me do it.

Anonymous said...

Anyone who has lived in this City has experienced a few glitches in the utility billing system. My tenants once got a $2000 water bill due to a glitch, and City wouldn't do anything for them/me unless I paid to have the meter reread. It took a many calls to the City Hall and the Utility Dept. only came out to reread after my commissioner, Joann Golden, got involved. And, of course, the meter had been misread and the back up system that is supposed to trigger rereading (i.e. if a bill goes up by x% the utility dept is supposed to reread automatically) didn't work either.

But for those of us who are not elected officials, we have to get the city to correct the issue or we have to pay or the water or light gets turned off. There are reasons for these harsh policies, too many scofflaws, but there shouldn't be those that are above the rules. The Mayor shouldn't get any special favors that Joe or Jane Citizen wouldn't get.

Anonymous said...

We are supposed to feel sorry for this malcontent who turns in his boss to get even for not giving him a raise? The complaint was unjustified. Should he get a commendation for his bravery? What a POS.

He should probably resign and make it easy on himself.

Lynn Anderson said...

It had nothing to do with that,anonymous at 3:42. Why do you believe that it did?
It takes one brave person to do what he did. There are stand-up people in this world.
Did you even read the complaint? I don't think that you did. Do you even know the complainant? Do you honestly believe that a long-term employee would jeopardize his job by contacting the Ethics commission just for the hell of it? He's not crazy, anonymous.

Anonymous said...

I agree is ANON @ 3:30AM everyone should be held on at least a even keel especially the people in power.


ANON @ 3:42PM has no clue about the employees or anything going on within the city. Great job spouting nonsense. You don't even know Joel who is currently placed on administrative leave. I've known him for years and he would never file a unfound complaint with no evidence and risk his years of service, reputation and lively hood over a lie. He has nothing to gain. He like many of us are drained of all the double standards and corruption. I myself am a employee and avidly avoid City Hall because I cant stand seeing all those fake smug cowards that are in their. I do my job to the best of my ability and I know Joel did as well. And in regards for the raise how about you work at a job for over a decade and never see a raise but the managers above continuously sign off raises for themselves and see how high and mighty you are then. People like you have no real idea of what it takes to take it on the chin everyday and work at a job when you know they could careless if you leave or stay but you cant leave because then you've just thrown away your years of service and when your so close to the light at the end of what it feels like a endless dark tunnel. So please keep you malice and unjustified accusations.

Anonymous said...

Thanks Lynn for standing up for Joel. He really is a great guy and did do a great job. He wouldn't risk his job for nothing. Sadly I think he will be fired on unjust grounds and this whole case will be swept away like most other unjust actions this city does.

Anonymous said...

Joel Rutsky is the best of the best and what every Lake Worth Employee should strive to be! You get kicked in the ass for being honest in Lake Worth. This is so heinous.
There was just cause for the investigation of this complaint. County staff stated that Mr. Bornstein HAD created an ethics violation.And he did. Period.
Joel Rutsky would not risk his job on a whim.Pam Triolo DID get special treatment that you or I would not have gotten.
Pam Triolo also violated code by not properly posting that she had a generator. Did Pam Triolo, Mayor Pam Triolo ,get a registered 4 page letter from the city threatening her with 250 a day fines if she did not comply? Suzanne Squires did, FOR HAVING HER TRASH CAN OUT FRONT ON THE WRONG DAY ! An elderly couple in their 80's did ,BECAUSE THEY HAD A BROWN SPOT IN THEIR LAWN !!!
This just plain sucks. And so do city manager Mike Bornstein and Mayor Pam Triolo.
And there is something very discomforting about having a Mayor with a husband who has medical problems and who can't pay her bills-What happens when somebody comes knocking at her door offering a big fat bribe for special privileges in Lake Worth?
Mayor Triolo asked for and received special treatment from City manager Mike Bornstein, which is a violation of her oath of office.
Why should ANY of US have to follow the rules when our elected officials don't?

Anonymous said...

There are a lot of opinions both for and against Mr. Rutsky. I applaud him for having the balls to do what he did.
Unfortunately for the small amount of money and knowing the people involved, he should have kept quiet and he would have kept his job.
These people are extremely vindictive and now will stop at nothing until they railroad him out of his job.
I know what I'm talking about because i work here.
I'm sure that many others have witnessed unethical and worse things while we go about our daily jobs. Not all of us can afford to be placed on the block in the name of doing the right thing.
As the old saying goes..." You don't s**t where you eat and you don't bite the hand that feeds you".
I wish him all the best of luck and hope he prevails.

Anonymous said...

3:42 here. Maybe I was out of line calling him a POS. I don't know him. He is fortunate he has people who stand behind him and sounds like a hell of a guy... normally. Sounds like the problems go deep in the city with employees and there really is no way to vent except to file some silly complaint like this. But face it, if this is the most corruption you can find, you are really searching, And to stake your job on it.

And yes I read the complaint. It was painfully boring. If I were the City Manager and the Mayor of the town I managed got her power shut off and had paid her bill like she always does, which is what happened here, I would also have made a call. And I don't think I would be out of line. It's not taking a bribe and I didn't get anything out of it.

Maybe the grievances the employees have are worth looking into and maybe someone will ask about the raises you all are supposed to get while the managers all got theirs. Maybe Lynn will take up the fight on your behalf.

Anonymous said...

And P.S. The only ones shitting where they eat and biting the hands of we the people are Mike Bornstein and Pam Triolo!
Katie Mcgiveron

Anonymous said...

No probable cause and dismissed just like the report next to it filed against commissioner Maier. All of our elected a get a load of crap thrown at them for you all to tear apart like vultures. Just look at what Ryan had to go through. Looking for a vendetta wasn't Rutsky head of the Conservation dept that got gutted when Triolo, Macwell and Andy got elected? There's your story.

Anonymous said...

When the truth comes out you may change your mind about the ethics of the complainant. The adm. leave had nothing to do with his accusation against the mayor. Stay tuned. Of course it makes for great political fodder as witnessed in the above comments.

Anonymous said...

I pay my bill every month and you know what glitches happen here and there, for some reason it takes two weeks for the folks in Tampa (where we outsourced utility payments) to process payments. I've gotten so frustrated with the system that I now am prepaying my utility bills. I just send in $200 a month ahead of time and then when I get the bill I send the rest or take a credit.

And guess what no one at the Utility dept. does me any favors and I actually pay ahead of time. The amount or reason behind the special favor the Mayor received really doesn't matter to me its the fact that she got a special favor. I've lived in this City longer than she has and I have a spotless payment record (until the payment office was outsourced to Tampa) but no one helps me out, returns my calls or grants me any flexibility.

Anonymous said...

I believe Maier was guilty but we've already beat that topic to death and no point rehashing it out. He was acquitted so lets leave it as it be. Joel is a good man. Thank you Katie for voicing your opinion that was nice of you and to put your name on it was by far a great act of courage. I wish I could put my name on my postings but then I would be railroaded out of here and I have a family and cant risk it. I know ALOT of dirt thats been covered up and cant voice factual data because it would give who I am away. Lynn thank you for your postings and support of Joel.

Anonymous said...

Mayor Pam Triolo broke the rules. Mike Bornstein helped her do it. Ignorance of the law is no excuse. An employee that makes a justified complaint about abuse of power is not "boring". An employee suspended for two days without pay for pointing out corruption should be applauded. The wrong people got their asses kicked.
The staff in the ethics dept were not bored. They found that city manager Mike Bornstein did violate ethics laws in Palm Beach County. And that's pretty damn hard to do here in corruption county.
This was not an anonymous complaint by an out of town resident who lied for political gain like n Commissioner Maiers case.This was a SIGNED not anonymous complaint by a city employee who knew what he was risking to do the right thing .
Anybody agreeing with me complain to your county Commissioners and demand that they DE FUND the ethics dept. It is non existent. Then call the State attorneys office and demand an investigation of Mike Bornstein and Pam Triolo. If she's so broke she can't pay her electric bill, she's probably getting every bribe she can get her hands on.

Anonymous said...

Bill Murray said it best;
"So if we lie to the government it's a FELONY but if they lie to us it's POLITICS".

Anonymous said...

The entire city is bastion of dysfunction the residents are being duped by a group of misfits. They only hire qualified and competent individuals by luck, not planning and if they are fortunate to find a few they soon leave because of the chaos. The good ones are far and few between, it will take a herculean task to correct, not sure if it's salvageable

Anonymous said...

ANOTHER FINANCE DIRECTOR WAVED ADIOS TO LAKE WORTH??? WHAAAT??? HOW MANY HAVE GONE BYE-BYE IN THE LAST THREE YEARS??? SOMETHING IS VERY WRONG IN THIS CITY !

Anonymous said...

The payment was made via an Apple product... The system has an issue with properly posting the transaction...

The city has problems with the live feed for commission meeting due to he same incompatibility issues with Apple products, that no secret.

There's no conspiracy... But here's a lead...Rutsky has directed staff to accept partial payments on some churches when the rest of us have to pay the whole balance to get turned back on.

Fact! I was in line behind a woman from a Hatian Church and when told she had to pay the entire balance she got loud and ugly, calling the poor woman cashier all sorts of unchristian things... Then insisted Rutsky made special arrangements for them... And after retreating to her supervisor, they were allowed to just pay the past due balance to he turned on... That's not fair.

Now there's a lead!

Lynn Anderson said...

A public official who circumvents the law, etc. is far different than a screaming Haitian. The public official takes an oath of office.

Next time, if you want to give a "tip" in order to further discredit Rutsky, post under a name--your real one. Otherwise, your comment is not credible.

Anonymous said...

"The payment was made via an Apple product... The system has an issue with properly posting the transaction..."
Who the fuc$ cares???
The Mayor got her power turned back on before she made a payment. She broke the rules and city manger Bornstein helped her do it.

Lynn Anderson said...

Why no one has much of a chance filing a complaint against the CM:

He most recently was one of the League of Cities representatives on the Ethics Commission and Inspector General Ordinance Drafting Committee.

Anonymous said...

If the city manager did something WRONG, it appears you could, and would nail him on it. The complaint, after several interviews which all seemed to say the same thing, was found NOT to be a violation of ethics. End of story. You may disagree with the findings but this is not the O.J. trial.

Nobody benefited by the actions taken. It did not enrich either the Mayor or the City Manager.

Good thing you are watching them like a hawk. Too bad you didn't watch previous Commissions and City Managers as closely.

Lynn Anderson said...

Everyone should be watching their government closely. I write a blog and therefore some situations are news worthy. I watch all commissions, not just this one.
It may not be the OJ trial (an incidentally he was found not guilty although EVERYONE in the world said he was), he went on to lose in a civil trial for those murders.
With Bornstein as one of the League of Cities representatives on the Ethics Commission, why would the outcome be different?

Anonymous said...

It doesn't appear his membership had anything to do with it. In the beginning of the investigation, it appeared there was something there and that is why it was pushed up for further investigation.

It also appears that if he hadn't stepped in for the residents of that motel setting a precedent that showed his actions were not a one time deal for the mayor.

In deed, the residents had paid their electric bill, although not to the utility department, whereas the mayor had paid hers to the utility.

I DO think it is good customer service for the Chief Executive Officer of the city to have the flexibility to help out people in need.... including his boss, without having it scrutinized like the Watergate break-in. In the grand scheme of corruption you like to point to as being synonymous with Palm Beach County, this is a reach too far for far too little.

So now, I guess you are calling the Inspector General's office corrupt? Do you listen to yourself?

Lynn Anderson said...

It was clever of you to have the IG at your secret ITN meetings. So, yes, I listen to myself.
I can't judge if the IG's office is corrupt--only the people can possibly do that.
It may be 'good customer service' for you, Mr. Bornstein, to have some flexibility. SOME. However, when there are policies in place, they need to be enforced even by you. Why have them if that is not the case?
No city official should be above the rules, or even the city manager.

Anonymous said...

The old saying comes to mind.... "an exception to every rule"

Lynn Anderson said...

@10:21-your reasoning is exactly why I got off the Board of Directors where I live. People did not want to follow the Florida Statues, Condo documents and the Rules...and sometimes made them up to suit themselves. Consequently, our community shows the attitude.

If you have a rule, then you follow it. Otherwise change the rule or eliminate it altogether. If you don't play by the rules, it is anarchy.

Weetha Peebull said...

"It doesn't appear his membership had anything to do with it".
That is showing your azz and ignorance of how 73% of PBC voted for Ethics & IG and ask Trella White (LOC LAWYER) how that's working! We vote 'for it' and our elected reps are using OUR TAX MONEY to fight against it!

Setting a precedent that only applies to a few and NOT ALL - yeah - tell us again how that is good policy? We ALL follow the rules or not - not some get special favors and the rest suffer?!?


Mayor - Fix the 'Apple/Mac' problem for US ALL and not just you - your testimony shows you are aware but what is the 'PLAN" to fix it? Hell why isn't it "FIXED ALREADY"? You plus 1 other situation get a special favor? pffft!

OMG stop w/the self proclaimed CEO CRAP! We the people ARE THE ULTIMATE BOSS - ever hear "The consent of the Governed"? The CM is an employee BELOW the elected SERVANTS that are hired to do OUR WILL - not what they want or even think is good - either it's authorized or not! When we got ticked at the King and declared our independence we called these Word Salads (to be tossed) "Acts of Pretended Legislation"!

Of course the IG/Ethics are corrupt and/or powerless to fulfill their mission! The ethics section can't even put up the correct Mission Statement from the by-laws and make it sound like they are 'going to be effective' but not to the true Mission statement - commonly called "Mission Creep"!

Just because you say it over and over does not make it true to those of us that can read & comprehend what we read!

A lawyer friend of mine followed the Ethics Ordinance as it was written and said it's a "HOW TO GET AWAY WITH IT" document and not about our elected being ethical!