The Political Whore

Just when we needed to hear some good news……..it shows up. United Citizens Action Network (U-CAN), a citizen-led government watchdog group, is calling for the investigation of Hillsborough County Commissioner Al Higginbotham and his aide, Jess Johnson, for their actions relating to the County Charter. Or should I say, as they don’t relate. U-CAN Chairwoman Terry Flott describes in her letter (printed in full after the jump) to the County Attorney how, on many occasions, Johnson and Higginbotham allegedly have violated the County Charter Section III. Separation of Power.

Johnson (not so affectionately known as the eighth commissioner in some circles) has been officially called out for attempting to influence staff with regards to:

1. The 1-4 Corridor Meetings

2. The AG-Rule EPC Meetings

3. Infill workshops and meetings

4. The Visioning (staff only) meetings

5. Evaluation and appraisal report EAR meetings

Ms. Flott urged the County Attorney Renee Lee to ask the state to investigate these charges since the county attorney’s opinion could be influenced/tainted by the fact that she serves at the pleasure of the BOCC (ya think?) Ms. Flott is asking for the County Attorney to request an immediate investigation of this by the State Attorney General.

THANK YOU MS. FLOTT for giving us a real scandal because this is worthy of the title. Johnson — who sports the grin of a Cheshire cat, a bowtie that I always think is going to start spinning and the polish of a politician three times his age — is a real piece of work. On the surface he appears extremely polite, but spend one minute with the guy and you will wonder what he is running for. There is no denying he is bright; he works for the wrong side, but he is bright. The funny part is he wasn’t bright enough to know where his boundaries are or smart enough to work within them. I have read the staff notes on the 1-4 workshops where he instructs staff to “make it rain” with respect to our Comprehensive Plan. Ummm, Rainman……….that would be imposing the political will on the Planning Commission staff members who are supposed to be doing an OBJECTIVE study, not to mention something that your boss Commissioner Al “The New Blair” Higginbotham ultimately will be voting on. If you are going to try to bully them you should be smart enough to do it behind closed doors where there are no official notes on the issue.

What can you do? Send a thank-you note to U-CAN for looking out for the best interests of the whole county consistently and tirelessly. Join up and keep updated or get involved in the future of your community.

The full text of Flott’s letter to County Attorney Renee Lee:

Renee F. Lee
County Attorney
Hillsborough County

Dear Ms. Lee:

The County Charter states:

“III. Separation of Legislative and Executive Powers

The power of the county government shall be divided between legislative and executive branches unless expressly provided herein.”

County Commissioner Al Higginbotham and his Administrative Aide Jess Johnson have oftentimes violated this section of the Charter.

Mr. Johnson on many occasions has attended and participated in many staff (county administrator) meetings. His conduct at these meetings has gone way beyond what would be considered customary and/or appropriate for a commissioner’s aide to assume. Most times when commissioner aides attend study group meetings they conduct themselves as observers. At many of these meetings he has gone so far as to give direction to staff personnel that are running the meeting, as well as, the subject matter experts that are participating. It is clear that the manner in which he has conducted himself is intended to influence the way the meetings are conducted, as well as, convey specific outcomes that Commissioner Higginbotham desires. He (Mr. Johnson) participates and attempts to influence these MOSTLY public meetings, such as:

1. the I-4 Corridor Study meetings,

2. the Ag-Rule (EPC) meetings

3. INFILL workshops/meetings

4. the VISIONing (staff only) meetings

5. Evaluation and Appraisal Report (EAR) Meetings

Mr. Johnson has for the past year or so, not only attended, but frequently speaks out, introducing himself and stating that he was an aide to Commissioner Higginbotham. He often gives opinions in an apparent attempt to influence the staff conducting the meeting and appealing to the special interests in attendance (developer, consultant participants).

He has even gone so far as to state to the staff conducting an I-4 Corridor meeting that “the BOCC are the rainmakers and they expect staff to make it rain.” – apparently trying to push staff to make the I-4 Corridor stripped out for development – when really the effort requested by the BOCC was to “study the potential of the I-4 corridor (opportunities, problems, pros and cons, positives and negatives, etc.)” This statement was a direct effort to influence staff publicly and perhaps to “show off” to his developer constituents. Mr. Johnson/Commissioner Higginbotham are violating “Section III. Separation of Power” of the Hillsborough County Charter. It is obvious; it must be recognized as a violation; and it must cease.

One might say – “oh, well – are these not open, public meetings? Certainly cannot Mr. Johnson attend and speak as an individual?” Ah, but he is not speaking as an individual. So the answer is No, because he carries the mantel of the Commissioner. He is attempting to influence staff and policy recommendations before they get to the BOCC – in the public forum. This is wrong. He is/has violated the Charter at all five (5) of the above listed meetings and probably others. He is attempting to influence staff and this IS NOT separation of powers but an improper comingling of power and influence.

Mr. Johnson might also argue that he is attending to gain information for his commissioner. While this may be superficially an excuse…it does not hold water. Mr. Johnson has clearly demonstrated by his conduct that he is not attending merely as an observer. The Separation of power between county commissioners and the expert administrative staff that provide research and recommendations is critical to ensuring that our government operates in a transparent and objective manner. Unlike Mr. Johnson other aides, as well as, the county attorney’s staff have attended and conducted themselves as observers. What if each of the 7 County Commissioners determined to send their Administrative Aides (2 each) to these meetings; thus, an additional 14 political persons — creating an enormous logistical problem for staff and crowding out citizens’ participating … again, a perceived – if nothing else – violation of the “Separation of Power” issue, with the “gaining information” lame argument – just another attempt to bend the interpretation and clear intent of the Charter.

The “Separation of Power” is clear and NOT fuzzy”. The aide/commissioner should not “play on the edge of interpretation.” Staff (executive branch) holds meetings, discusses options, seeks input from the public (not planted commissioner aides), reviews alternatives and makes recommendations to the BOCC. The BOCC, individually, collectively, or via their aides/assistants should not interfere, attempt to influence, or shape staff’s recommendations. The Charter is clear as were the voters when they voted and approved it. Commissioner Higginbotham and his aide Jess Johnson are violating it. Commissioners and their aides must stay away from in these instances and even an implied or perceived influence is a violation of the intent of the Charter’s “Separation of Powers.”

Furthermore, since you (as County Attorney) serve at the pleasure of the BOCC, your legal opinion could be influenced/tainted by the logistics of your employment. Therefore, we respectfully request this Violation of the Charter of Hillsborough County be forwarded to the Office of the Attorney General of the State of Florida – with a request and support for an immediate investigation and returning opinion, as soon as possible.

This issue is clear. Commissioner Higginbotham and his aide, Mr. Johnson, have attended staff (executive branch) public meetings, attempted to influence those meetings, spoken in a directing manner to staff all in an attempt to influence recommendations coming from staff to the BOCC.

Thus, respectfully, we ask you to forward this document to the State Attorney General, requesting an investigation and opinion concerning a violation of the Charter of Hillsborough County.

Terry J. Flott
Chair
United Citizens’ Action Network (U-CAN)
u-can@earthlink.net

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