NSB City Manager asked to explain private party at mayor's restaurant; avoids answering legal-ethical questions

NEW SMYRNA BEACH -- In the wake of City Manager Pam Brangaccio's interview with the Daytona Beach News-Journal in which she glossed over the the private party at Mayor Adam Barringer's restaurant for retired Commissioner Jim Hathaway with the use of taxpayer money, Headline Surfer sent her follow-up questions which she responded with continued evasiveness, especially as to the legal and ethical implications.

Keep in mind that Brangaccio told the News-Journal the city was reimbursing the taxpayers for the expenses incurred without ever mentioning that more than half the people who attended were listed as family or retirees of Hathaway and the city will not seek reimbursement from them. This is not the first time one of Barringer's private interests was tangled with taxpayer money, another issue she ignored. Here is the Q&A done by e-mail Friday:

Dear Mrs. Brangaccio, As city manager, I am asking for the following after reading a story quoting you in the Daytona Beach News-Journal and as an addendum to my public records requests of Monday and Tuesday to the City Clerk's office:

Headline Surfer: Why have I not received the credit card statement paid to SoNapaGrille for $1,290.00, since I made two public records requests for any and all invoices and receipts related to the Hathaway party as well as the Plaskett party?

City Manager Brangaccio: Credit card statements, are like U home-ones, would not normally be received for several weeks. Ms. Yancey would have individual credit card invoices. City Clerk out of office on Monday & Tuesday, but Liz could bring copies to Barbara for U. Call her to pick-up.

Headline Surfer: Please provide that credit card statement without delay as well as any invoice preceding or following it.

City Manager Brangaccio: See #1.

Headline Surfer: Who were the city four no-shows you referenced in the News-Journal story?

City Manager Brangaccio: Ron Pagano; Commissioner Jason McGuirk & Wife, and one of the Hathaway group.

Headline Surfer: You told the News-Journal: "Every penny of the dollars expended is being reimbursed on the private side." Does that include the people listed in the document I received under the section for Hathaway family/retirees?

Brangaccio: 100% Reimbursement is from City folks, as courtesy for Hathaway' 18 yrs w/City.

Editor's Note: To be clear, the city manager is saying city employees listed separately from a group under Hathaway will reimburse the taxpayers while those listed under Hathway will not.

Headline Surfer: Why are the two Peterson couples, prominent private attorneys, listed under Hathaway? They aren't family.

City Manager Brangaccio: Hathaway family provided list.

Editor's Note: Sid Peterson and Phil Peterson are prominent private attorneys on Canal Street. Sid Peterson's wife, Debbie Peterson, along with her friend, Cindy Jones, persuaded the city to spend $27,000  four years ago for an artificial Christmas tree on Canal Street with CRA funds. Debbie Peterson was at Hathaway's party with her husband, Sid.

Headline Surfer: Why is Sandy Winkler, your executive secretary, listed under Hathaway, getting a free dinner for herself and her husband?

City Manager Brangaccio: Hathaway family list included Sandy & her husband, assuming because she and Commissioner worked together for all of his 18 years w/City. She is a special lady, providing administrative support for all 5 commissioners, CM and ACM on a daily basis. She deserves a metal, not just a meal.

Editor's Note: Brangaccio meant medal. Sandy Winkler makes $55,000 annual and is in the state's DROP program, which will allow her to collect a one-time six-figure amount from the state six months after she retires in addition to a regular monthly retirement check.

Headline Surfer: Why is Lynne Plaskett and her daughter not having to repay. She already had a free party recognizing her tenure as an elected commissioner.

City Manager Brangaccio: Out of courtesy for her eight yrs of service to the City.

Headline Surfer: The News-Journal story says $293.00 came out of the city's general fund (for A plaque and picture for Hathaway). Where are the invoices and receipts showing the purchases and who the vendors were?What about the plaque and picture for Plaskett? Again, I asked the city clerk for invoices and receipts, but have received nothing to date. Please provide these receipts and invoices without haste.

City Manager Brangaccio: Ms. Yancey has the invoices. City Clerk will not be in his office on Monday or Tuesday, but Liz can bring to Barbara, let her know when you wish to pick-up.

Headline Surfer: Why did I not receive any receipts and or invoices for the provider of food for Plaskett's party, which you told the News-Journal was Lil Neal?

City Manager Brangaccio: She relayed use of Little Neal to me, when food was ordered.

Editor's Note: The city manger has the business owner's name spelled wrong.

Headline Surfer: If Hathaway didn't want a party, then why did the city contact his wife? Why would the city invite Hathaway's wife's employer, the Petersons?

City Manager Brangaccio: Out of courtesy for 18 years of service to the City. Hathaway family provided list to Ms. Yancey.

Headline Surfer: Why do you make reference to the River Grille and not a host of other city restaurants that can do the same thing: Norwoods, Clancy's, Blackbeards, Smyrna Yacht Club, Sugar Mill Country Clubhouse, New Smyrna Steakhouse and others? And part 2 of this question: Why not hold at Babe James or Brannon Center and have food catered? Are you expecting the public to believe that without SoNapa you would not have been able to hold the private party for Hathaway?

City Manager Brangaccio: Some of my weekly personal favorites on your list. Wanted banquet room for up to 50 people; had eaten upstairs at SoNapa before; thought it was nice; innocent as that on choice.

Headline Surfer: As city manager, you told the News-Journal that Barringer "never asked, never solicited" the city to hold Hathaway's party at his restaurant. Did you as city manager ask Barringer if it was OK? Was City Attorney Gummey asked for an opinion as to any legal or ethical or potential conflicts of interests with this arrangement, which appears to fly in the faces of the Florida Commission on Ethics statutes for mixing public and private interests? Part 2: Did Mr. Gummey raise any of these concerns. Part 3: Did the mayor raise any of these concerns?

City Manager Brangaccio: You seem to be seeking a legal opinion, I am not an attorney. Can only say that Sonapa event is being paid for 100% privately, and arrangements not w/Mayor.

Editor's Note: Again, she leaves out that more than half the guests are listed under Hathaway with no reimbursement of taxpayer money used.

Headline Surfer: Who is the city's "special events coordinator referenced in the News-Journal story and in the city's response to citizen Bob Tolley's public records request?

Brangaccio: Ms. Yancey is our Recreation/Special Events Director.

Headline Surfer: Who authorized the credit card payments on behalf of the city and who authorized the use of general fund monies for what appeared to be a private party for Hathaway?

City Manager Brangaccio: I requested that Ms. Yancey work with both retiring commissioners on an event in their honor for years of service, and I approved the actions taken.

Headline Surfer: Why do I not yet have a "dated" receipt showing you paid back the taxpayers for the $60 for you and your husband for Hathaway's party? According to public record, you make in excess of $125,000 a year.  Part 2: Was this party ethical, legal and free of conflicts of interest? Part 3: Why is Barringer acting as host for the Hathaway party any different that Barringer Construction and the mayor being tied to the Chad Schilsky CRA grant? 

City Manager Brangaccio: I have already written a personal check. Normal practice, is that reimbursement checks are kept together, and when the credit card bill received, turned into Finance w/bill. OK. The event is 100% funded by private individuals, not the City. See Part 2.

Editor's Note: When she says OK, she's acknowledging her salary. Again, the city manager says the party was 100% funded by private individuals so the question then to be asked is how she explains why the taxpayers are picking up the tab for Hathaway and the guests listed under his name.

It should also be noted she stayed clear of answering the questions related to whether she or the mayor or city attorney ever discussed or considered the legal, ethical or potential conflicts of interest with an elected mayor allowing a private party at his restaurant where taxpayer money was used to pay for the meals, regardless of whether city employees will reimburse the taxpayers.

Here is a recap of what led to this controversy:

# A publicly announced sendoff party is held Oct. 22 at the Babe James Center for retiring City Manager Lynne Plaskett, who opted not to seek reelection in the 2012 general elections. Instead, retired city firefighter Kirk Jones wins a three-way primary outright to replace Plaskett on the commission.

The "public" party includes catered food, music and a plaque and picture presented to Plaskett. It is attended by municipal personnel and elected officials as well as members of he public. Headline Surfer does not attend the Plaskett sendoff because the 24/7 Internet newspaper is moderating three public candidate debates at Port Orange City Hall.

# A party is held Nov. 19 on the 2nd floor of Mayor Adam Barringer's beachside restaurant and wine bar, SoNapa Grille for retired City Commissioner Jim Hathaway, who opted not to seek re-election in the 2012 elections, instead running for the dist. 3 seat on the Volusia County Council won on Nov. 6 by fellow New Smyrnan Deb Denys.

Headline Surfer is told of the event the day before by Barringer who says 47 people have been invited and he makes the point of telling the Internet newspaper the party is being organized by Parks and Rec. Director Liz Yancey.

City Commissioner Judy Reiker's husband, Guy Mariande  confronts the Internet newspaper, stating it's a private invitation-only party and the media wasn't invited. He also says Headline Surfer is making everyone feel uncomfortable. When the Internet newspaper asks how or why, Mariande says, "You're an idiot!" and walks off. Headline Surfer leaves the party before it begins.

Besides Mayor Barringer and Commissioner Reiker, among the public employees, top administrators and elected officials Headline Surfer catches a glimpse of at the party include City Manager Pam Brangaccio, Asst. City Manager Khalid Resheidat, City Attorney Frank Gummey, CRA Director Tony Otte, Interim Police Chief Michael Brouillette, Fire Chief Dave McCallister, Planning Director Gail Henrikson and the city manager's executive secretary Sandy Winkler. Also there is Commissioners Jack Grasty and Kirk Jones and retired Commissioner Lynne Plaskett. Hathaway arrives with his wife, Paula, and other family members, along with attorney Sid Peterson and his wife, Debbie, Phil Peterson and his wife and several others. Headline Surfer returns to the party to take a picture of Hathaway and leaves.

# On Thanksgiving morning, Headline Surfer receives an e-mail from citizen watchdog Bob Tolley, showing he made a public records request to City Clerk Johnny Bledsoe the day after the party asking for the costs and attendance of those who attended both parties.

Tolley's initial public records request on Tuesday states: As per our telephone discussion earlier today, I am requesting information pertaining to the party given for Mr. Hathaway last night at So-Napa, attended by most city commissioners and department heads and their guests. I am questioning if any city/CRA or other city associated monies were used in any way to pay for this party, including the total amount spent. 

Tolley follows up with the city clerk that Wednesday:  When can I anticipate a response to my information request from yesterday, since it is primarily an initial yes or no answer?

The City Clerk responds that day: In response to your information request, the answer is YES. The following is provided pending the return of the City Project Officer next week. The City established two separate budgets of approximately $900 each for the farewell events/activities of both Commissioners Hathaway and Plaskett. A more detailed response will be provided next week.

# Because City Hall is closed for the extended Thanksgiving weekend, Headline Surfer cannot get access to public records so the Internet newspaper reaches out to the mayor through e-mail, text messages and voices mail throughout the three-day weekend, but gets no response. On Monday, Headline Surfer makes a verbal public request with the city clerk for a breakdown of all costs associated with both parties, lists of invitees, the justification for taxpayer money used and whether the events were reviewed for legal, ethical and potential conflicts of interests, especially the party involving the mayor.

# Headline Surfer follows up with a second public request, in writing and receives a sheet that is undated and without city letterhead or name of any city officials on it, along with figures that don't add up. It also lists attendees and lists two categories for Hathaway's party: A list of municipal officials and their guests and a list under the heading of Hathaway family/retirees.  

# On Tuesday night, citizen watchdog addresses the commission and top administrators about his concerns, but gets no answers.

# Hours after Headline Surfer publishes a story, along with videos from the commission meeting related to the private party, the News-Journal publishes an Online story Thursday night quoting Brangaccio with figures not given to Headline Surfer despite its public records requests and her not making clear to the News-Journal that the taxpayers are picking up the costs for Hathaway, his family and friends as well as city employee Winkler and her husband.

#As of the close of business on Friday, Headline Surfer had not received any of the public records it had asked for with the exception of the Tuesday one-page memo that had conflicting information on it.