Heidi E. Brewer, Bar Counsel
The Florida Bar
Dear Ms. Brewer:
Please add the following information as addendum to my ethics charge against lawyer for the school board of
At the April 19th board meeting, I was last citizen to go to the mike to speak. I complained that Principal Marc Hutek at
This incident shows why teachers are so afraid of retaliation by the administration and its myrmidons in the schools if they speak up about anything that concerns the status of teachers. Ms. Elia uses a school-wide network of cohorts and collaborators and the Professional Standards apparatus to keep the school family in abject fear of losing its jobs on some trumped-up charge or of being retaliated against in some way as Bruce was.
Chair Jennifer Falliero is angry with me because I exposed her engaging in adultery on school property by stalking former public-affairs head Marc Hart in his office putatively for mentoring until the previous superintendent told Ms. Falliero to leave Hart alone. She didn’t. She eventually succeeded in initiating an affair with Marc Hart.
This Falliero-initiated affair caused breakup of the Hart family, the couple's divorce, and, he told me when he asked to come to my home to recount to me his version of what had happened, that his two children were suffering. His son has school problems. When he had before the family turmoil been a high-achieving student, his grades post divorce have gone done. Hart's daughter experienced exacerbation of medical problems since Falliero broke up her parents' marriage.
After the board knew of this adulterous affair initiated on school grounds, it voted Ms. Falliero chair of the board, deeming the affair and her breakup of a family and causing the father’s firing not sufficient immorality to deny her board chairship.
The board thinks Ms. Falliero’s heading a board supposed to protect the children of the area is ok. I don’t. And I will say so whenever the situation calls for its repetition.
The superintendent with perhaps the board and board attorney in accord decided to fire Mr. Hart to protect Ms. Falliero’s and the superintendent’s and school administration’s reputations and—I infer—to protect Ms. Falliero’s board status since she is a secure yes vote for most of what the administrations wants to do.
Ms. Falliero is angry with me for exposing her adultery, so she, I believe, uses her board chair position to gavel me out of order for reasons she manufactures on the spot. She has no regard for mine and other citizens’ First Amendment rights. Nor does the board. It does not intervene with a "point of order" to speak out against Ms. Falliero's dictatorial behavior. I have not seen Falliero gavel any other voter down.
On 19th, she gaveled me down, called me “out of order,” and expelled me from the board room. I have never been able to determine why.
Apparently, Ms. Kipley thought I exceeded the time limits by finishing my sentence. Then I read in the paper that I violated Ms. Falliero’s ad hoc proscription of using a name. There appeared to me the collusion of the Chief of Security, Mr. Friedberg. Mr. Friedberg not only escorted me from the board room but ordered me to leave the property and would not show me in writing that he had the right to do that. He repeatedly threatened me with going to jail.
I filed a Professional Standards charge against Mr. Fredrick and in a lightening-fast turnaround, the next day I received via email the appended ruling by Ms. Kipley.
Ms. Kipley’s home-ec degree is typical of the academics-manqué crony hiring of the administration. She is not educated sufficiently nor does she have the personality and wisdom for this job. Her function is to act obtuse enforcer for Ms. Elia to punish anybody who defies the system, not unlike that of Lucco Brazzi in The Godfather, who handles the cases of those who should sleep with the fishes.
The procedure that the public-affairs office afterwards sent me says that in case a citizen disrupted the meeting, he or she was to be escorted from the room. It says nothing about a citizen’s being escorted from the building or off the property. Mr. Friedberg apparently manufactured that extra flourish by himself.
Nor did Ms. Falliero’s Baedeker of things a voter could not speak about at the board mike contain naming names. I don’t recall it. And if she did add this forbidden item to the list of things a citizen couldn’t say, it abridges the First Amendment.
None of the other board members said a word of demur about Ms. Faliero’s violation of the First- Amendment rights of a citizen. They apparently lack the courage or the concern to do so. Nor did Mr. Gonzalez intervene to protect the First Amendment. Nor did he say anything about the First Amendment when he assisted Professional Standards Kipley’s white wash of Falliero’s and Frederick’s setup of me, finding that the complaint against me was valid. See below for Ms. Kipley’s finding. So eager were they to trump me that she delivered it the day after I filed it. This differs from her usual prolonged decision making to make the culprit sweat.
I judge the worst defection of Mr. Gonzalez in my observing him for over a year is that I have never heard him intervene to protect the First Amendment rights of citizens, whose rights the board routinely violates.
So this travesty of the board’s idiosyncratic rules for citizen speakers—all of whom the board shows every sign of not wanting to see in any event—is presided over by an officer of the court who knows that the First Amendment trumps board rules to curtail free speech but remains mute on the subject.
I have never heard Mr. Gonzalez intervene to protect the First Amendment, but I have heard him intervene when there was some question about no-bid contracts. Mr. Gonzalez has indeed intervened to sanction no-bid contracts and even to extol them. I believe that this no-bid intervention from Mr. Gonzalez was because he himself enjoys a no-bid contract for his board tenure that is now fifteen years old.
The previous superintendent Dr. Earl Lennard gave it to Mr. Gonzalez and his firm apparently with a handshake after the job got no advertising so that other area lawyers could apply. No advertising for high-level jobs makes the equal-opportunity profession that the board stamps everywhere an empty promise.
I cannot be sure since Mr. Gonzalez refuses to send me the public information on finances that the Florida Public-records law endorses, but I believe the Thompson, Sizemore & Gonzalez firm has captured at least ten million taxpayer dollars in its no-bid lockdown of the job in the last fourteen years. I have asked specifically for his firm's loot for prosecuting--and perhaps recommending--the case of Doug Erwin; but he won't send the data to me in defiance of the Florida public-records law.
Following is the charge I filed with the Professional Standards office; Ms. Kipley’s one-day turnaround of the charge as invalid follows.
General Manager of Professional Standards
To: Linda Kipley, Director of Professional Standards of Schools,
C: All Members of the School Board and School Board Attorney Gonzalez
From: Lee Drury De Cesare
Please consider this a formal charge against David Friedborg, head of security in ROSSAC.
Subject: Abridgement of a my First Amendment rights by chair Falliero of the Hillsborough County School Board to retaliate for my having previously revealed that Chair Faliero engaged in an adulterous relationship begun and advanced on the job in ROSSAC with Marc Hart, whom the administration subsequently fired to protect Faliero, I believe, as a sure yes vote for the administration on the board.
Hart told me in a visit to my home at Madeira Beach which he requested that Faliera initiated the affair because she claimed she needed Hart’s “‘mentoring” and visited Hart’s office so persistently that she became, said Hart, almost a fixture there.”
Apparent previous collusion existed between Chair Faliero and Security Manager David Friedberg to engage in ambushing me. The tape of the meeting will show that the last speaker to the board was I. Chair Faliero did not inform me as the regulation above requires that I might be “found guilty of a second degree misdemeanor” after I exceeded her 3-minute time minute by several words.
Nor did Mr. Friedberg have to be summoned from outside the board room but stood stationed waiting at the head of the aisle leading from the microphone as if by a preplanned arrangement with Ms. Falliero to interrupt me.
As I looked up and back in puzzlement when stopped by Mr. Friedberg, I observed Friedborg’s and Falliero’s exchanging knowing looks with each other as if signaling some action to begin. Ms. Faliero’s look was filled with barely suppressed glee.
A threatening looking individual, bald and tall like the Jolly Green Giant, Friedborg startled me when I reached the end of the aisle by ordering me to leave the board room. I did. In the foyer, he barked at me that I should leave the public premises or would be arrested.
When I asked Friedberg what offense I had committed when he loomed over me in my exit from the aisle, he said that the chair said I was out of order, and that meant I must leave the building or suffer arrest for trespassing. He said nothing about my having committed a second-degree misdemeanor.
When I asked for a statement that described the offense and its punishment, Friedberg said he did not have to provide me with one and continued to demand whether I wanted to go to jail.
Friedborg’s manner throughout the interview was overbearing, rude, and threatening. He seemed consciously to use his unusual height to tower over me in a threatening manner to intimidate me. Mr. Friedberg told me that I owed him unquestioning respect since he has served in the armed forces for 23 years.
I intend to check out that claim of 23 years of service to the country. Some have claimed to have won the Congressional Medal of Honor when they haven’t even left the town they live in.
I called Mr. Friedberg a bully and left the building.
I file charges against schools employee Mr. Friedborg, who, I believe aided and abetted Ms. Faliero’s malicious use of her chairship to retaliate against this citizen who exposed her adultery initiated on school property after Mr. Hart came to my home and confirmed it. He gave me part of the deposition that outlined the adultery as connected with the school.
The board may believe that Ms. Falliero’s behavior is fine for a board member and give her the chairship. I don’t. She broke up a marriage and caused pain to the two children of the shattered family while the administration fired Mr. Hart on the trumped-up charge of alcoholism while she herself escaped Scott free. She now uses that freedom to distort the conduct of her board chairship by retaliating against a citizen who exposed her home-wrecking adultery with the apparent collusion of a school-security employee paid by tax funds to protect the people and property of ROSSAC, not to sneak around abetting the spite of an adulterous board member.
I ask that Professional Standards determine if Faliero and Friedborg met or spoke or exchanged emails beforehand to coordinate their ambush on me because Faliero wanted to retaliate for my exposing her school-site adultery.
I also ask that Professional Standards determine whether others such as the board members and board attorney knew about or colluded in this retaliatory action of Faliero abetted by school employee Friedborg and whether Friedborg-Falliero had a personal instead of a professional relationship when the ensemble conducted retaliation against me on school property at the February 19th board meeting.
Lee Drury De Cesare
15316 Gulf Boulevard 802
From: Linda Kipley [mailto:Linda.Kipley@sdhc.k12.fl.us]
Sent: Friday, February 22, 2008 1:21 PM
To: lee de cesare
Cc: Jennifer Faliero; Candy Olson; Doretha Edgecomb; April Griffin; Susan Valdes; Jack Lamb; Carol Kurdell; MaryEllen Elia; Dan Valdez; David Friedberg; .email@example.com
Subject: Re: Charge for violation of professional standards
Dear Ms. DeCesare:
I am in receipt of your email dated
Your complaint regarding Chief Friedberg informing you that you were to leave the School Board's premises or you would be arrested for trespassing, did not violate any School Board policy. In your complaint, you admitted to having violated the three-minute rule regarding the limits on public speakers, and as a result, Chief Friedberg acted appropriately when he asked you to leave the premises.
Based on the review of your complaints outlined in your email, there is no matter stated which can be investigated by the Office of Professional Standards.
Linda A. Kipley
General Manager of Professional Standards
Ms. Cobbe: Please add to the Hutek and Frederick files the data on how to appeal a decision that the Professional Standards office makes and with which one disagrees.
I know there is one because Ms. Elia told me and Bart at
Ms. Elia seemed pleased at that circumstance.