Post by Chuck McCue on Apr 17, 2022 9:38:17 GMT -5
Update 4-13-23:
From VLSC: "CITIZENS OF JAX BEACH!
We are proud to announce that the Volunteer Life Saving Corps and City of Jacksonville Beach have come to an agreement that will preserve the mission of the VLSC; to protect and serve our beaches 365 days a year. This agreement will be presented to the Jacksonville Beach City Council for final approval on Monday April 17, we encourage all who have been part of this effort to attend.
We can’t thank you enough for the love and support we have received from our community during these trying times. We CAN’T WAIT to get back on the beach, back in the station at #2 Ocean Front, back to work with JBOR to keep you all safe!
Esprit de Corps <+> Since 1912
Pictured: VLSC Board of Directors President Jim Emery, BOD Members Sean O’Brien & Doug Harrison"....
From COJB: "The City of Jacksonville Beach and the Volunteer Life Saving Corps (VLSC) have reached an agreement to cooperatively serve the community. The agreement details how the Jacksonville Beach Ocean Rescue (JBOR) and the VLSC will form a new working relationship to best provide lifesaving services to residents and visitors, 365 days a year.
The agreement will be brought before the Jacksonville Beach City Council on Monday, April 17. If the agreement is approved, the VLSC will withdraw its pending lawsuit against the City and resume services in tandem with JBOR starting Memorial Day, Monday, May 29, and continuing on Sundays and holidays.
The historic lifesaving station will remain on the historic registry and be used by both organizations for operations, trainings, and meetings...
Pictured, from left to right:
VLSC BOD Treasurer Sean O’Brien, COJB Attorney Sandra Robinson, VLSC BOD Member Jack Morgan, VLSC BOD President Jim Emery, VLSC BOD Vice President Duggan Harrison, COJB Mayor Chris Hoffman, COJB JBOR Supervisor Rob Emahiser, VLSC Captain Thomas Cassaro, COJB City Manager Mike Staffopoulos, VLSC Lieutenant Timothy Kline, COJB Attorney Cliff Shepard, VLSC Attorney Josh Roberts, COJB Parks & Recreation Director Jason Phitides
Full details of the agreement will be available in the April 17 City Council Meeting agenda packet when it is published this afternoon. The packet can be found by clicking here: www.jacksonvillebeach.org/464/Agendas-Minutes"
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The volunteer Lifeguard drama continues. is the city buying time? Or is it simply a coincidence that the mayor is on vacation?
#lifeguard #Jacksonvillebeach #jaxbeach #beintheknow #beacheswatch #politics #vlsc
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"A good thing about the judges ruling is that, in legal jargon, the judge called the CoJBs excuse for kicking the VLSC off the beach was all based on lies." Brian Murphy
=========
Defendant asserts that the proposed amendment is illegal in its entirety because it "would force the City to continue to operate in a manner which the [Department of Labor] concluded violates federal law." The Court does not concur. Nothing about the plain language of the proposed amendment on its face violates federal labor statutes or would require the City to continue the very practices which ran afoul of federal labor laws. The amendment language clearly calls only for a resumption of lifeguarding operations by the Corps in "substantially" the same manner. There are methods by which all parties could resume lifeguarding operations at the beach under terms that would not violate federal labor statutes. Contrary to the City's representations, the amendment would not require resumption of those operations in identically the same manner(which arguably could pose challenges related to employment law). Moreover, even if the Court found the City's argument on this issue to have more merit, it would not justiff a pre-election challenge to the amendment such that the Court would prevent the citizens from voting on it. In a related argument, the City contends the ballot summary is misleading because it does not disclose to the voters (a) "the legal issues and financial liabilities imposed on the city by the DOL because of the City's historical relationship with [Plaintiffl," or (b) the ongoing litigation initiated by [plaintiff] against the City specifically because of the actions the City was forced to attention here in the event it assists either the parties going forward here or appellate review of the matter' However, neither of these failures - even assuming the City's characterizations are correct- would prevent the matter from being presented to the voters. "Ballot summaries need not explain every ramification of a proposal, but must make sure that the chief purpose is clear and unhidden." Andrews v. City of Jaclrsonville,250 So. 3d 172, 174 (Fla. lst DCA 2018). No ballot summary could possibly explain all litigation options or exposure of a given referendum or ballot initiative, nor would Plaintiff be required to advise the citizens of the City's disputed interpretation of those potential liabilities. The omissions would not preclude this issue from reaching the voters.
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The voice of the people is being squelched. All that signed to get the referendum on the ballot will not be happy the judge ruled against the voice of the people.
<+> <+> <+>
Why are elected officials ignoring the desires and rights of their constituents? Why are they using taxpayer funds to fight the registered voters in their community? Why do they need the Justice System to order them to perform their ministerial duties? Will they follow lawful orders?
Contact the Mayor and City Council Members to ask via the email addresses below:
Mayor, Christine Hoffman: choffman@jaxbchfl.net
Council Member, Fernando Meza, At-Large, Seat 1: fmeza@jaxbchfl.net
Council Member, Dan Janson, At-Large, Seat 2: djanson@jaxbchfl.net
Council Member, Chet Stokes, At-Large, Seat 3: cstokes@jaxbchfl.net
Council Member, Cory Nichols, District 1, Seat 4: cnichols@jaxbchfl.net
Council Member, Georgette E. Dumont, District 2, Seat 5: gdumont@jaxbchfl.net
Council Member, Sandy Golding, District 3, Seat 6: sgolding@jaxbchfl.net
‼️Will the CoJB comply with Judge Katie Dearing’s ruling to pass the referendum on to the Nov ballot…‼️
<+> <+> <+>
Per Circuit Court Judge Katie Dearing’s ruling on 8/17/2022 (4th Judicial Circuit, In and For Duval County, Florida):
“The plain and obvious meaning of the language of this statute requires the City of Jacksonville Beach to place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose. The use of the word “shall” reinforces that the City’s responsibility here is ministerial.”
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City of Jacksonville Beach officials unanimously reject the referendum to allow the voters to decide to keep the volunteer lifeguards. The volunteer Lifeguard organization will be taking the COJB back to court.
THE VLSC & COMMUNITY WANT OUR STATION BACK
UPDATE: OCEAN/BEACH SAFETY AND THE CITY MANAGER
In his “Official Post” of May 24th, (see link below) the Jacksonville Beach City Manager foreshadows his intent to dismantle the VLSC, assume total control of the VLSC Station & Equipment, etc - all while diminishing the true role, value & impact of the VLSC to the Community. He references “professional lifeguards” (JBOR) as a slight of the Volunteer Members of the VLSC. He claims the role of the VLSC has historically been to “support Ocean Rescue (JBOR)” on Sundays Holidays, then thanks the VLSC for helping – a laughable continuation of false narratives perpetuated by the City Manager & often joined by Elected Officials. In fact, it’s plain to see many of the “professional lifeguards” – albeit certified & competent JBOR employees - are more accurately characterized as “seasonal employees” and many have gone back to college (and other jobs) as they do every year & just as they did in the mid-1980’s when I was employed as a Guard, Lieutenant, then Captain of JBOR –
City Manager’s Post (May 24th) -
/
There is no shortage of AVAILABLE certified lifeguards to protect bathers on Jacksonville Beach – but the City Manager’s “illegal lockout” of VLSC Members from the VLSC Station does erase the synergies that have historically been achieved by working together to serve the COMMUNITY – including, but not limited to, the “seasonal employment” of part-time, certified VLSC Members who are “professionals” at office jobs & others that have nothing to do with lifeguarding – something I did while working a full-time job at Ring Power CAT - the VLSC is deep.
There is no current U.S. Department of Labor (DOL) issue – all parties know the rules going forward – the VLSC has made proposals which reflect the new normal - meanwhile, zero response for collaboration from the City Manager, only new ideas to dismantle the VLSC
Today, Sunday, is historically a “Corps Day”, and would typically have 15-18 manned-towers + 5 x Staff + a Rescue Swimmer on duty - coverage beginning @ 8:00 am, ending around 7:00 pm, at the discretion of the VLSC “Officer of the Day” (OD)
SEE ATTACHED –
VLSC Grid (18-23 Towers)
VLSC Guard Sheet: August 1, 2021 (18 Towers)
VLSC Guard Sheet: September 5, 2021 (15 Towers)
How many “manned towers” are on Jacksonville Beach today? Based on recent observations and the fact JBOR is forced to treat Saturdays much as it does Sundays (City Manager’s Budget/Policy), natural attrition of their “seasonal employees” - expect LESS THAN HALF the “manned-towers” as would be the case if the VLSC were serving the Jacksonville Beach Community on Sundays per VLSC mandate. As for Monday thru Friday (JBOR days), also expect less until the City Manager’s lock-out of VLSC Members is reversed - as time goes on and we move into the Labor Day Holiday.
CALL TO ACTION: Please gather your family and friends to attend the City Council meeting tomorrow, Monday, August 15th, at 6:00 pm - deliver your own message, bring signs, come ½ hour early to sign-up for a three-minute opportunity to address the City Manager, Mayor & City Council – hold them accountable to their Duty to place the VLSC’s Charter Amendment on the November 8th Ballot, without delay!
hosting.photobucket.com/images/zz302/arsenalracingcom/Screenshot_20220814-141247_Brave.jpg[/img)
<+> <+> <+>
"Since 1912 members of the Volunteer Life Saving Corps(VLSC) have volunteered their time to keep the bathers of Jacksonville Beach safe on Sundays and holidays.
Currently our mission is under threat due to a department of labor issue. The DOL has decided that it is not allowed for City of Jacksonville Beach(COJB) lifeguards who work for the city Monday-Saturday to also volunteer their time on Sundays and holidays. Rather than work with us on continuing our mission of saving lives, the COJB has decided to take over operations seven days a week and not allow the Volunteer Life Saving Corps to lifeguard anymore. This wastes tax payer money and puts unnecessary stress on the city lifeguards who are already going to be stretched thin. The VLSC is willing and able to staff Sundays and holidays at ZERO expense to the taxpayers.
We need your support to show the city that their constituents still support volunteer lifeguarding. Please sign this petition to encourage the city to reconsider their decision and not end 110 years of lifesaving and molding men and women of good character. Your support is greatly appreciated!"
From VLSC: "CITIZENS OF JAX BEACH!
We are proud to announce that the Volunteer Life Saving Corps and City of Jacksonville Beach have come to an agreement that will preserve the mission of the VLSC; to protect and serve our beaches 365 days a year. This agreement will be presented to the Jacksonville Beach City Council for final approval on Monday April 17, we encourage all who have been part of this effort to attend.
We can’t thank you enough for the love and support we have received from our community during these trying times. We CAN’T WAIT to get back on the beach, back in the station at #2 Ocean Front, back to work with JBOR to keep you all safe!
Esprit de Corps <+> Since 1912
Pictured: VLSC Board of Directors President Jim Emery, BOD Members Sean O’Brien & Doug Harrison"....
From COJB: "The City of Jacksonville Beach and the Volunteer Life Saving Corps (VLSC) have reached an agreement to cooperatively serve the community. The agreement details how the Jacksonville Beach Ocean Rescue (JBOR) and the VLSC will form a new working relationship to best provide lifesaving services to residents and visitors, 365 days a year.
The agreement will be brought before the Jacksonville Beach City Council on Monday, April 17. If the agreement is approved, the VLSC will withdraw its pending lawsuit against the City and resume services in tandem with JBOR starting Memorial Day, Monday, May 29, and continuing on Sundays and holidays.
The historic lifesaving station will remain on the historic registry and be used by both organizations for operations, trainings, and meetings...
Pictured, from left to right:
VLSC BOD Treasurer Sean O’Brien, COJB Attorney Sandra Robinson, VLSC BOD Member Jack Morgan, VLSC BOD President Jim Emery, VLSC BOD Vice President Duggan Harrison, COJB Mayor Chris Hoffman, COJB JBOR Supervisor Rob Emahiser, VLSC Captain Thomas Cassaro, COJB City Manager Mike Staffopoulos, VLSC Lieutenant Timothy Kline, COJB Attorney Cliff Shepard, VLSC Attorney Josh Roberts, COJB Parks & Recreation Director Jason Phitides
Full details of the agreement will be available in the April 17 City Council Meeting agenda packet when it is published this afternoon. The packet can be found by clicking here: www.jacksonvillebeach.org/464/Agendas-Minutes"
------------
The volunteer Lifeguard drama continues. is the city buying time? Or is it simply a coincidence that the mayor is on vacation?
#lifeguard #Jacksonvillebeach #jaxbeach #beintheknow #beacheswatch #politics #vlsc
----------
<+> <+> <+>
"A good thing about the judges ruling is that, in legal jargon, the judge called the CoJBs excuse for kicking the VLSC off the beach was all based on lies." Brian Murphy
=========
Defendant asserts that the proposed amendment is illegal in its entirety because it "would force the City to continue to operate in a manner which the [Department of Labor] concluded violates federal law." The Court does not concur. Nothing about the plain language of the proposed amendment on its face violates federal labor statutes or would require the City to continue the very practices which ran afoul of federal labor laws. The amendment language clearly calls only for a resumption of lifeguarding operations by the Corps in "substantially" the same manner. There are methods by which all parties could resume lifeguarding operations at the beach under terms that would not violate federal labor statutes. Contrary to the City's representations, the amendment would not require resumption of those operations in identically the same manner(which arguably could pose challenges related to employment law). Moreover, even if the Court found the City's argument on this issue to have more merit, it would not justiff a pre-election challenge to the amendment such that the Court would prevent the citizens from voting on it. In a related argument, the City contends the ballot summary is misleading because it does not disclose to the voters (a) "the legal issues and financial liabilities imposed on the city by the DOL because of the City's historical relationship with [Plaintiffl," or (b) the ongoing litigation initiated by [plaintiff] against the City specifically because of the actions the City was forced to attention here in the event it assists either the parties going forward here or appellate review of the matter' However, neither of these failures - even assuming the City's characterizations are correct- would prevent the matter from being presented to the voters. "Ballot summaries need not explain every ramification of a proposal, but must make sure that the chief purpose is clear and unhidden." Andrews v. City of Jaclrsonville,250 So. 3d 172, 174 (Fla. lst DCA 2018). No ballot summary could possibly explain all litigation options or exposure of a given referendum or ballot initiative, nor would Plaintiff be required to advise the citizens of the City's disputed interpretation of those potential liabilities. The omissions would not preclude this issue from reaching the voters.
<+> <+> <+>
The voice of the people is being squelched. All that signed to get the referendum on the ballot will not be happy the judge ruled against the voice of the people.
<+> <+> <+>
Why are elected officials ignoring the desires and rights of their constituents? Why are they using taxpayer funds to fight the registered voters in their community? Why do they need the Justice System to order them to perform their ministerial duties? Will they follow lawful orders?
Contact the Mayor and City Council Members to ask via the email addresses below:
Mayor, Christine Hoffman: choffman@jaxbchfl.net
Council Member, Fernando Meza, At-Large, Seat 1: fmeza@jaxbchfl.net
Council Member, Dan Janson, At-Large, Seat 2: djanson@jaxbchfl.net
Council Member, Chet Stokes, At-Large, Seat 3: cstokes@jaxbchfl.net
Council Member, Cory Nichols, District 1, Seat 4: cnichols@jaxbchfl.net
Council Member, Georgette E. Dumont, District 2, Seat 5: gdumont@jaxbchfl.net
Council Member, Sandy Golding, District 3, Seat 6: sgolding@jaxbchfl.net
‼️Will the CoJB comply with Judge Katie Dearing’s ruling to pass the referendum on to the Nov ballot…‼️
<+> <+> <+>
Per Circuit Court Judge Katie Dearing’s ruling on 8/17/2022 (4th Judicial Circuit, In and For Duval County, Florida):
“The plain and obvious meaning of the language of this statute requires the City of Jacksonville Beach to place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose. The use of the word “shall” reinforces that the City’s responsibility here is ministerial.”
<+> <+> <+>
City of Jacksonville Beach officials unanimously reject the referendum to allow the voters to decide to keep the volunteer lifeguards. The volunteer Lifeguard organization will be taking the COJB back to court.
THE VLSC & COMMUNITY WANT OUR STATION BACK
UPDATE: OCEAN/BEACH SAFETY AND THE CITY MANAGER
In his “Official Post” of May 24th, (see link below) the Jacksonville Beach City Manager foreshadows his intent to dismantle the VLSC, assume total control of the VLSC Station & Equipment, etc - all while diminishing the true role, value & impact of the VLSC to the Community. He references “professional lifeguards” (JBOR) as a slight of the Volunteer Members of the VLSC. He claims the role of the VLSC has historically been to “support Ocean Rescue (JBOR)” on Sundays Holidays, then thanks the VLSC for helping – a laughable continuation of false narratives perpetuated by the City Manager & often joined by Elected Officials. In fact, it’s plain to see many of the “professional lifeguards” – albeit certified & competent JBOR employees - are more accurately characterized as “seasonal employees” and many have gone back to college (and other jobs) as they do every year & just as they did in the mid-1980’s when I was employed as a Guard, Lieutenant, then Captain of JBOR –
City Manager’s Post (May 24th) -
/
There is no shortage of AVAILABLE certified lifeguards to protect bathers on Jacksonville Beach – but the City Manager’s “illegal lockout” of VLSC Members from the VLSC Station does erase the synergies that have historically been achieved by working together to serve the COMMUNITY – including, but not limited to, the “seasonal employment” of part-time, certified VLSC Members who are “professionals” at office jobs & others that have nothing to do with lifeguarding – something I did while working a full-time job at Ring Power CAT - the VLSC is deep.
There is no current U.S. Department of Labor (DOL) issue – all parties know the rules going forward – the VLSC has made proposals which reflect the new normal - meanwhile, zero response for collaboration from the City Manager, only new ideas to dismantle the VLSC
Today, Sunday, is historically a “Corps Day”, and would typically have 15-18 manned-towers + 5 x Staff + a Rescue Swimmer on duty - coverage beginning @ 8:00 am, ending around 7:00 pm, at the discretion of the VLSC “Officer of the Day” (OD)
SEE ATTACHED –
VLSC Grid (18-23 Towers)
VLSC Guard Sheet: August 1, 2021 (18 Towers)
VLSC Guard Sheet: September 5, 2021 (15 Towers)
How many “manned towers” are on Jacksonville Beach today? Based on recent observations and the fact JBOR is forced to treat Saturdays much as it does Sundays (City Manager’s Budget/Policy), natural attrition of their “seasonal employees” - expect LESS THAN HALF the “manned-towers” as would be the case if the VLSC were serving the Jacksonville Beach Community on Sundays per VLSC mandate. As for Monday thru Friday (JBOR days), also expect less until the City Manager’s lock-out of VLSC Members is reversed - as time goes on and we move into the Labor Day Holiday.
CALL TO ACTION: Please gather your family and friends to attend the City Council meeting tomorrow, Monday, August 15th, at 6:00 pm - deliver your own message, bring signs, come ½ hour early to sign-up for a three-minute opportunity to address the City Manager, Mayor & City Council – hold them accountable to their Duty to place the VLSC’s Charter Amendment on the November 8th Ballot, without delay!
hosting.photobucket.com/images/zz302/arsenalracingcom/Screenshot_20220814-141247_Brave.jpg[/img)
<+> <+> <+>
"Since 1912 members of the Volunteer Life Saving Corps(VLSC) have volunteered their time to keep the bathers of Jacksonville Beach safe on Sundays and holidays.
Currently our mission is under threat due to a department of labor issue. The DOL has decided that it is not allowed for City of Jacksonville Beach(COJB) lifeguards who work for the city Monday-Saturday to also volunteer their time on Sundays and holidays. Rather than work with us on continuing our mission of saving lives, the COJB has decided to take over operations seven days a week and not allow the Volunteer Life Saving Corps to lifeguard anymore. This wastes tax payer money and puts unnecessary stress on the city lifeguards who are already going to be stretched thin. The VLSC is willing and able to staff Sundays and holidays at ZERO expense to the taxpayers.
We need your support to show the city that their constituents still support volunteer lifeguarding. Please sign this petition to encourage the city to reconsider their decision and not end 110 years of lifesaving and molding men and women of good character. Your support is greatly appreciated!"