NOTES ON THE MIAMI-DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST STAFF MEETING WITH SO-CALLED BLOGGERS/CITIZEN JOURNALISTS

HELD ON MARCH 7, 2012

Definitions I refused to describe myself as a blogger or citizen journalist as those terms have derogatory connotations, distinguishing purportedly unreliable, unethical, uneducated, unsupervised, irresponsible amateur commentators, from the professional journalist class. Indeed, Miami Herald reporters routinely derogate bloggers and citizen journalists in private conversations, and sometimes carelessly in email. I had no idea why I was invited to the meeting out of the blue, thought it was a meeting for journalists in general, did not consider myself as a blogger or citizen journalist although I use blog sites to store some of my work (which nobody reads because they are much longer than blogs), questioned why those terms were included in the invitation, and was suspicious that I was being set up for service of a subpoena in regards to an investigation I am conducting. Patricia Mazzei of the Miami Herald was there, and she confronted a blogger for making suppositions about the Miami Herald journalists without contacting them personally first. The implication was that bloggers make things up, are unprofessional unlike her, etc, which she should know is not true in many casesshe would be better off pointing out that the paper is privately owned and that publishers, journalists and editors have many reasons for covering or not covering any given issue no matter how important it might seem to anyone else. However, I referred her to my investigation of the Miami Heralds award-winning coverage of the Allen Stanford Affair, which I found lacking and libelous to a former banking director after examining the very documents the Herald had in hand which the Herald refused to share with me so I had to make public records requests. I said that I had written up several reports of my investigation and had submitted them to Miami Herald reporters, Miami Herald executive editors, and officials at the Society of Professional Journalists the Society presented the reporters with its prestigious reward nevertheless. I did not receive a single reply. Neither did the person defamed get an apology. No retractions were made. Therefore I concluded out loud, at the COE meeting, that one must not suppose that Miami Herald reporters, with their professional ethics, education, supervision, etc., are any more reliable than the bloggers they would defame. I sent off an email to Patricia after the meeting, copying the executive editor and the head of their investigative reporting staff, including links to my articles and investigative file. I expected the usual stone wall of silence from her, and got it.

But the COE apparently has respect for bloggers. I was informed the COE was attacked by bloggers, and that its former director resigned as a consequence, to which I said, What? Who cares what some blogger says? Lawyers professionalism as a form of racism I voiced my usual concern that lawyers are becoming more and more of a scourge on society. I mentioned an ethics case where it was determined that a matter would not be prosecuted because the unethical conduct was a tradition and had been condoned by legal counsel. As advocate for the COE asked if I would not think it was all right to do something if an attorney said it was legal, to which I replied no, not unless I were mentally incompetent. I had all ready mentioned that the particular advocate asking the question had implied in one of his Instructions that one does not have to be a lawyer or expert to know the difference between right and wrong. Note the classical definition of sophistsSocrates on down. Public Records Much of the meeting concerned the difficulty of getting public records requests fulfilled by various agencies, the main blockade being exorbitant costs. I mention there were AGOs on the subject of overcharges etc., but nobody pays the AG any mind. And I pointed out that the present AG had made a name for herself in advancing access to public records, yet her boss the governor is one of the worst offenders, and she does nothing, does not even object, to the best of my knowledge. Malicious Prosecution Joe was incensed when it was suggested that prosecutors routinely threaten to bring false charges against people in order to get them to testify against targets. I thought that no one but the prosecutor may know his own intent, and the charges in mind could result in convictions even if the person were innocent (as some in death row are). I thought the fact of the matter is that prosecutors have been twisting arms in that way since time immemorial, and that extortion legalized is the law professions stock in trade. Moreover, we all know that prosecutors decline to prosecute some cases for various reasons, perhaps because they are borderline, so why not bring some borderline caseswhere does one draw the line? So I asked Joe, What about prosecutorial discretion? To which he answered, But there are ethical parameters. But my thought was that those parameters are so vaguely drawn that they might justify anything, and the bottom line, when ethical codes are not law, is that some lawyers say that, If it is legal, it is ethical. Nevertheless, I thought that I must consider Joes indignation natural, from the perspective of the dignity of the professionsurely he personally would not threaten to bring or actually bring malicious prosecutions in order to extort anything of value out of anyone. But who knows? Maybe he too abuses his police power. Well see. City of Miami Beach Corruption

Joe lauded the City of Miami Beach for cleaning up corruption, saying it had greatly improved, to which I almost laughed out loud, but restrained myself. When I emailed him later on that subject, after the April FBI arrests of city employees, he denied, in a bullying manner, that he had said any such thing, and I completely lost trust in him. Sleeping Joe Centorino? Some rude comments were made by the attendees on the elevator after the meeting, to the effect that Joe Centorino is getting paid a quarter-million dollars for sleeping on the job as the staff overlooks and ignores a great deal of unethical conduct, makes inefficient and incomplete investigations, and makes lousy decisions most of the time. I said that I noticed that Joe did seem to doze off, or to quickly lose attention when the attendees were speaking, but I did not know him yet. I said I could not understand why people make such a big deal about the commission, anyway, as it can only do some wrist-slapping for a few minor offenses of little concern to most people, fining them a few hundred bucks and never bringing misdemeanor charges, and that the agency seemed to be a retirement farm, where old horses were put out to pasture at great expense, but that I was willing to give it a try if I encountered something within its purview.

INVITATION TO THE BLOGGER/CITIZEN JOURNALISTS MEETING

Fri, Feb 24, 2012 at 12:10 PM From: Sibilia, Rhonda (COE) RHONDA@miamidade.gov Subject: Invitation to meet To: miamimirror@gmail.com The following is on behalf of Joe Centorino: As the practice of journalism evolves in the digital era, so does the relationship between public institutions and those who report on them. That includes the citizen journalists who are helping to fill the gap of diminishing coverage by mainstream media of many of the municipalities and authorities that fall under our agencys jurisdiction. In an effort to foster a more positive rapport and gain a better understanding of each others missions and goals, I am hosting a get-together in the office of the Miami-Dade Commission on Ethics and Public Trust at 9:30 a.m., Wednesday, March 7, 2012. I hope you can join us for an hour or so to enjoy some coffee and an informal discussion. We are located in Suite 820 of the Biscayne Building, 19 W. Flagler St. in Downtown Miami. Mass transit is the easiest way to get here.

Please confirm your attendance to Rhonda Victor Sibilia at 305-350-0631 or Rhonda@MiamiDade.gov. I look forward to meeting with you. Sincerely, Joseph M. Centorino Executive Director

Mar 1, 2012 at 2:54 PM David Arthur Walters miamimirror@gmail.com To: "Centorino, Joseph (COE)" <CENTORI@miamidade.gov> Thank you, Mr. Centorino. Yes, I agree with the spirit of your interpretation. I could name one prominent Miami Herald reporter who finds frequent occasion to disparage "bloggers" and "citizen journalists," but I would only do that if he were present, and then probably not, as I have had occasion to identify with his opinion at times. As you know, courts and legislatures all over the nation have at times found cause to take up the definition of "press" and its "qualifications" when contemplating a contradiction of an absolutely free press in order to impede access to information. The word "Press" in the Constitution most often referred to one-person pamphleteers whose reports were often scandalous not to say false. I think one lawyer would be enough on the Commission. Now the mother country of English Law has finally separated or disintegrated the disciplinary from representational aspect of the unified bar and placed the discipline in the hands of lay persons advised by legal counsel. Here is a link on the Manatee County Court Clerk's site to one of my articles that you may find of interest: The Judicial Swamp of Impractical Obscurity http://www.manateeclerk.com/GeneralInfo/News/tabid/103/type/archive/Default.aspx Sunday, February 05, 2012An interesting editorial from the Miami Mirror regarding online access to public court records. Alternate: The Judicial Swamp of Impractical Obscurity http://www.scribd.com/doc/80131188/The-Judicial-Swamp-of-Impractical-Obscurity I do look forward to meeting you, so I will do my best to attend.

David Arthur Walters

Mar 1, 2012 at 1:29 PM Centorino, Joseph (COE) CENTORI@miamidade.gov To: David Arthur Walters miamimirror@gmail.com Cc: "Sibilia, Rhonda (COE)" <RHONDA@miamidade.gov> Mr. Walters: First, thank you for accepting our invitation to meet with us. I look forward to meeting with you in person. I have asked our staff attorney, Victoria Frigo, to check into the problem with the link you described. She should be able to resolve it or at least make sure you get what you are looking for. As for our usage of the term citizen journalist I can tell you that I have never considered it a pejorative term. In fact, I think of citizen journalists as the lifeblood of a democracy, and a bulwark against encroachment on freedom of the press. However, if, as you say, it is sometimes used as a derogatory term, then perhaps we need to reconsider that usage. However, I think it accurately describes what most bloggers are, what the future of journalism will look like, and, on a deeper level, it makes me think of people like Thomas Paine. And I certainly do not use it in any way to denigrate non-citizens. I just have a high regard for the concept of citizenship and the responsibilities that the term implies. As for the makeup of the Commission, that is partly a matter of the County Charter provisions that require that one of its members a retired judge, that another be a former prosecutor, and that two other members be appointed by a local law school and by the League of Cities, which likely has a disproportion of lawyers among those it considers. While I have no objection to non-lawyers serving, I have found that a legal background is useful in considering issues related to ordinance violations, legal opinions that the Commission approves, evidentiary and other rulings that need to be made in the course of the quasi-judicial hearings it conducts, etc. I would certainly be happy to discuss these issues further, either on the telephone (305350-0613) or in person when we meet. Joseph Centorino, Executive Director and General Counsel Miami-Dade Commission on Ethics and Public Trust

Mar 1, 2012 at 11:21 AM

David Arthur Walters miamimirror@gmail.com To: centori@miamidade.gov, centorino@miamidade.gov Cc: RHONDA@miamidade.gov Dear Mr. Centorino: I am preparing for the informal meeting with Ethics Commission staffers as per your invitation below, and I have a couple of questions for you. 1) I do not understand why you are using the label "citizen journalist," as it is generally used in a derogatory sense to stereotype unprofessional and uneducated writers who are not employed by and therefore not subject to the self-censorship of the established press ie major media. For example, some Miami Herald journalists derogate "citizen journalists" in private conversations. Further, the label may imply that journalists presently employed by the New York Times, The Miami Herald, etc are not citizens. 2) It appears to me (and correct me if I am wrong) that the Ethics Commission is stacked with jurists, which might convey an impression of impropriety; to wit, a probable bias in favor of or a deference to lawyers, who are, as you know, regulated by the Florida Supreme Court's Florida Bar, which is itself often criticized for abusing the inherent power of the Florida Supreme Court by favoring its members, especially the most influential ones, to the detriment of the public interest. If my understanding of its composition is correct, would it not be better to have only one lawyer on the Ethics Commission to relieve it of the suspicion of unethical conduct? I noticed in your files the classical rhetoric drawing a difference between ethics and law, stating that non-lawyers know the difference between right and wrong without the help of sophisticated counsel, and that is what the Ethics Commission is all about, so why not dispose of the law professors and lawyers, and have lay persons dominate the Commission? 3) On a technical note: I am having some difficulty pulling a 2011 Opinion file (11-24 Gonzalez) - clicking on the hypertext does not return the file (see below). Thank you in advance for your attention to this communication. David Arthur Walters