On December 1st, 2017 it was reported that City Commissioner Nancy Miller, due to family considerations, would not seek re-election. Since then Tallahassee Reports has received information that sheds more light on Miller’s unexpected decision.
Documents recovered by Tallahassee Reports show that City Commissioner Nancy Miller announced she would not seek re-election to the city commission during a controversial city bid protest initiated by DPB & Associates – a city vendor which is owned by Rich Buss, a member of Miller’s family.
Mr. Rich Buss is a principal in DPB and Mr. John Buss is Director of Stormwater Management for the City. John and Rich are brothers, and John is married to City Commissioner Nancy Miller.
The bid protest, filed on October 23, 2017, alleged city staff discriminated against DPB and Associates because of a series of investigative stories published by Tallahassee Reports.
DPB alleges the discrimination resulted in the loss of the Market District project which DPB stated had an estimated construction cost of $16 million with design consulting fees in excess of $1.6 million.
Over the last six months, Tallahassee Reports wrote several articles investigating the relationship between Miller, her husband John Buss, and DPB and Associates.
After the articles, the City Auditor Bert Fletcher, who is retiring at the end of this year, initiated an audit of DPB contracts and found no legal wrong doing but did note an appearance of a conflict.
Listed below are the details of the bid protest and the final decision rendered by City Attorney Lew Shelley.
The Bid Protest
DPB’s protest made several allegations about the impact of TR’s investigation on the bid process.
DPB wrote that “we were misled by the City when told that it would be “better for everyone” if DPB did not submit for the Market District RFP as a Prime Consultant (as we were intending to do at that time) because of Steve Stewart’s criticism and the “name recognition thing”, but were instead recommended to serve as a subcontractor to another consultant.”
Also, DPB alleged city staff “purposely misled” and conspired to discriminate against the firm.
DPB wrote “we contend that we were purposefully misled by City Management, through City Staff, to believe that if DPB did as recommended by the City, the discrimination against DPB, intended to address Steve Stewart and Tallahassee Report’s continued criticism of the City and City Commissioner Miller based upon her relationship to DPB through her brother-in-law Richard Buss would end…”
“However, at some time after Stewart’s articles began criticizing the City and Commissioner, the City implemented an effort to eliminate DPB from any further work with the City because the “City can’t take any more Steve Stewart criticism of the City and Commissioner Miller, based upon her relationship to DPB through her brother-in-law Richard Buss” (bold emphasis was in bid protest document).
The City Attorney’s Findings
City Attorney Shelley conducted a hearing and parties were allowed to present evidence. Also, Acting City Manager Reese Goad provided oral testimony at the hearing.
In the seven page discussion of Shelley’s final decision, he noted that DPB made three allegations. Listed below are the allegations and Shelley’s findings.
1) the City unfairly “urged” DPB to pursue the project as a sub-contractor, rather than as a prime;
Although the representatives of DPB clearly believed they were being discouraged from pursuing Phase III of this project as a primary contractor, there is no evidence that the City affirmatively prevented DPB from doing so. Furthermore, and perhaps more importantly, there is no evidence that DPB had any concerns about pursing this project as a sub-contractor until after the results were determined.
2) due to management pressure, the City failed to follow its normal Procurement Procedures when selecting members of the Evaluation Committee.
When the totality of the circumstances surrounding this particular RFP are evaluated on the whole, Shelley determined actions taken by the City were perfectly reasonable. Shelley failed to see how changing committee members created prejudice against any vendor (or potential vendor).
3) there were improprieties with the scoring of the proposals.
As to the perceived bias of Mr. Cowart, Shelley could find no evidence to suggest the foundation of such a bias, and there is simply nothing other than speculation as to what the “original” committee members may have scored the various vendors. In fact, the notion that the scores for DPB would have been higher if employees of Mr. Buss were on the committee is the exact appearance of bias City Management was trying to avoid.
Based upon the Shelley’s analysis, the protest of DPB & Associates was denied.
Amid Bid Protest Citing Tallahassee Reports Investigation, Nancy Miller Bowed Out of Commission Race added by Staff on
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*a friend, not *I friend, and please pardon any other type-os.
I’m late to this thread; I friend thought I may have written the comment that Gently TAPPing wrote. I didn’t (I don’t mind signing my name to my remarks), but could have. All I can say is YAYS! That is spot-on in so many ways.
I was the TAPP Director for 3 years (until I walked out, in disgust, because of the unethical/illegal bid award process and the bullying I experienced for trying to correct the crooked cronyism). I will also remind those of you who haven’t followed: You would be hard-pressed to find a more bleeding-heart, left-wing (and very proud) liberal as I am. I am disgusted that these individuals who claim to be “Democrats” besmirch the party. Haters, get back. I’m here to preach with TR (because, on this subject, they are correct):
>The template for this (insider) award bid process was already well established through the TAPP program.
Confirmed. This is correct. And, to be clear, it was established over in Stormwater under John Buss, which is where TAPP was tucked when Nancy M. was just “doing the boss” (which is, sorry to be direct, what it was before they were married). After they were married, it was what most people would call “nepotistic,” but that’s a different thread.
>This DPB-type process is just a continuation of the same TAPP financial manipulation of City tax payer dollars; it focuses funding on pre-selected family members and ‘trusted’ associates. ‘They’ have done this for so long, ‘they’ believe they have a right to continue to do this; its called entitlement. Once you (and the FBI) see it; you can’t help but keep seeing it.
That is correct in SPADES. They actually DO NOT BELIEVE they are doing ANYTHING sketchy, and no evidence to the contrary will correct their delusion. Here is what’s crazy: There was SO MUCH kerfuffle about the shady “no-bids” in TAPP that it is PROOF of this statement that they would continue DOING IT with the Buss brother thing (which I know very little about except that it follows the Miller / Buss / TAPP / Gary Yordon / FOM (Friends-of-Miller as we called them) pattern EXACTLY).
>The parallels (or do we call it demonstrated intent at this point?):
Yes. Demonstrated intent, entitlement, Chutzpah, criminal behavior, violation of the public trust. Whatever.
>Miller ran the TAPP program under Buss.
Ok, but they were not married at the outset.
>Miller was ‘supervised’ and paid directly through Buss’s Department (just put in a simple public record request for all payment documents to Miller; and look at Miller’s weekly updated reports).
Established . . . but that’s not so salacious. What starts to seem concerning is HOW HARD Miller & Buss fought to prevent the supervision of the Director position to be transferred to EPER / C. Barber. I called it a “bloody turf war.” The skirmishes continued throughout the ENTIRE 3 miserable years I was there. It was juvenile. SarahKeith could come into my cubicle and take materials while I wasn’t there. Nancy would (initially, when I was new) insist on COPY EDITING every. single. TAPP program document. I was “bossed” by Buss’s people and thrown under the bus (haha, get it?) when I stood up for myself & explained that the sketchy bids WOULD. NOT. HAPPEN. on my watch.
>Perhaps Miller’s current COT assistant, Sarah Keith Valentine was also paid through TAPP as she assisted Miller with the TAPP program? Then Valentine became Miller’s COT Assistant.
SK was paid through TAPP, but that’s not scandalous; she used to work for TAPP. It’s also not scandalous that she was hired for that plum job . . . that detail isn’t worth pursuing. It distracts from the actually illegal stuff.
>Somewhat concurrently, the TAPP program was strategically ‘transferred’ to Environmental Policy and Energy Resources (EPER) and accepted/overseen by Cynthia Barber
That was in 2010.
>(now Assistant City Manager as appointed by Rick Fernandez).
Yeeeeeaaaaahhhh. That’s an unfortunate detail that folks haven’t been made sufficiantly aware of. She does a “no show” job (went for LITERALLY MONTHS) without ever seeing her; she was either pursuing NFBPA business on City time (and directing City staff to support her presidency of the organization) or she was traveling to AKA activities on City time, or she was home raising her grandson on City time. She makes a gut-churning salary, has a STUPID number of paid days off per year (is it 60? can’t recall) and has benefits that include an expensive City vehicle (or did). She was a SECRETARY for Tadros before being “given” EPER. It’s just shocking, really. She knows LITERALLY NOTHING about environmental anything.
>The reason: to specifically get the TAPP program out from under Buss where there was ‘(significant) appearance of impropriety’. At the time Miller became Commissioner, she had already made significant personal funds from the TAPP program as a ‘consultant’ as directed through Buss’s shop.
That is completely, factually true. She took most of the photos for the TAPP calendar HERSELF and paid HERSELF for doing this.
>Miller/Barber focus TAPP funds on advertising campaigns, and these funds for advertising (creating commercials) are awarded to Gary Yordan? Is that how this part of the story goes?
Sort of. Barber couldn’t give TWO RATS about what TAPP did/does/used to do. Literally. When I explained that picking up dog poop was a GOOD thing, environmentally, she recoiled & said “Ewwww! Stop telling me about that!” So, the PSAs are ALL MILLER. They are ALL MILLER because — you’ve got it — Yordan — and also Rick Oppenheim, two of her piggies who siddle up to the trough of public funds. Yordan would claim his services were worth $125,000 (or some stupid, outrageous amount) and that he was doing the TAPP ads, basically, as “charity work” for a fraction of that. The sketchy part is that he was just the sales guy. He sub-contracted out those ads to ACTUAL AD MAKING PEOPLE who were paid about $5,000 per (which is a good rate, actually. It’s around $10k per in Tampa, so . . .) Gary takes his $50k (or, someone who has it in front of them correct me) and pay out $10K (for two ads, so $5k x 2 = $10k) and pocket the rest. THEN Rick Oppenheim was hired to “place the ads.” He actually did a BAD job of this. Do you need me to go into the details about how I determined he did a bad job? It’s rather opaque, like “What is the price of a car?” but I will explain if anyone is interested. Anyway, hiring Rick to HAVE HIS INTERN phone the tv stations once a year (and make a handsome profit for same) was a cost I felt like the taxpayers could avoid paying. But that’s when Miller started to come after me full-time. As a SITTING COMMISSIONER. I am a non-benefitted, cubicle-style employee with NO status of any kind. And I became her full-time occupation.
>And as separate point of interest, the TAPP program (and all associated funding) is now currently transferred back under Buss’s program; as Miller declares she is making an exit from the City, stage left…..; there is more to this story; but you get the idea.
Oh JAYZUS.
>3) go through the appearance of a ‘proper’ bid process;
Yeah, some day remind me to explain the lengths that Tallahassee staff and vendors will go to to rig this crap.
>4) then magically award the bid to the pre-chosen (entitled) folks;
Correct.
>5) because they have specified who is going to be on the City’s review team;
Or they just over-rule or disregard (then shamelessly bully) anyone who doesn’t agree.
I have given the same information in a sworn deposition on behalf of a federal lawsuit (filed by an individual). I used to drive to the FDLE financial crimes division on my lunch hour. I can only hope that any of that has summoned Our Fair Lady, Karma Whose Timing is Never Fast Enough to Suit Me.
Many congrats to Steve and TR! This is an excellent example of how investigative journalism (supported by actual documents and facts, as opposed to the Fake News Mainstream Media) can uncover long-hidden corruption and effect positive change.
Steve’s dogged pursuit of documents and evidence has been the major factor in unraveling the tangled web of corruption that infests COT government.
Would have loved it if there was a comment in there along the lines of “we’ve got the local paper snookered, but having real problems keeping Tallahassee Reports from looking the other way.”
FBI Memo: Arrest John Buss, Rich Buss and Nancy Miller! Nepotism, Fraud and Public Corrupton is all exposed. Funny how Rich Buss crosses his family to save himself on a sweet deal.
Steve,
Looks like you are doing your job wonderfully!
An opinion piece; to further bring the City’s practices into focus.
The template for this (insider) award bid process was already well established through the TAPP program. This DPB-type process is just a continuation of the same TAPP financial manipulation of City tax payer dollars; it focuses funding on pre-selected family members and ‘trusted’ associates. ‘They’ have done this for so long, ‘they’ believe they have a right to continue to do this; its called entitlement. Once you (and the FBI) see it; you can’t help but keep seeing it.
The parallels (or do we call it demonstrated intent at this point?): Miller ran the TAPP program under Buss. Miller was ‘supervised’ and paid directly through Buss’s Department (just put in a simple public record request for all payment documents to Miller; and look at Miller’s weekly updated reports). Perhaps Miller’s current COT assistant, Sarah Keith Valentine was also paid through TAPP as she assisted Miller with the TAPP program? Then Valentine became Miller’s COT Assistant.
Here is a point of interest, just so you can see how this game works – one current manager, perhaps named Steven Shaffer of City of Tallahassee, got the award for his ‘company’ to do the website through the TAPP program? Let’s see Shaffer was working for public works then, too, but no problem. So then with the firing of Gabe Menendez, former director over Public Works -Shaffer gets that position (with pay raise)? A position which has to do with Streets/Drainage, etc. that is going into Storm Water; which is Buss’s Department; see it’s all fluid.
Somewhat concurrently, the TAPP program was strategically ‘transferred’ to Environmental Policy and Energy Resources (EPER) and accepted/overseen by Cynthia Barber (now Assistant City Manager as appointed by Rick Fernandez). The reason: to specifically get the TAPP program out from under Buss where there was ‘(significant) appearance of impropriety’. At the time Miller became Commissioner, she had already made significant personal funds from the TAPP program as a ‘consultant’ as directed through Buss’s shop.
Miller/Barber focus TAPP funds on advertising campaigns, and these funds for advertising (creating commercials) are awarded to Gary Yordan? Is that how this part of the story goes? With another (ironic) side bar, that the masses now must now pick up dog poop – while Yordan gets a Grammy for this – POS…; excuse the pun. Wow, I wish I could make this stuff up.
And as separate point of interest, the TAPP program (and all associated funding) is now currently transferred back under Buss’s program; as Miller declares she is making an exit from the City, stage left…..; there is more to this story; but you get the idea.
See the parallels, FBI and Governor Scott?
1) identify where the funds are going to be appropriated because you are in charge of the program;
2) strategically position the ‘appropriate’ people/organizations to be able to ‘compete’ for these funds; then
3) go through the appearance of a ‘proper’ bid process;
4) then magically award the bid to the pre-chosen (entitled) folks;
5) because they have specified who is going to be on the City’s review team;
6) then the notes from the review are shredded;
7) payments are made;
8) and all is good.
This play chart, and a variation on this theme – is demonstrated over/over again……; may we make you a flowchart or Venn Diagram?
“And did we tell you the name of the game boy? We call it Riding the (City) Gravy Train.”
(Pink Floyd – Have a Cigar)
This is a classic example of how business has been conducted in the past. A usual suspect is caught “dirty” in a manner similar to this Miller-Buss situation. One of the parties, in this case Buss, would petition or complain to the City. Then the City would get as many gallons of whyte-wash as necessary and as many City stooges to stand before the investigation and lie (because they would be demoted if they did not lie) in order to carry on with the dirty business arrangement.
Seems the City staffers in this “Buss wants the Market District project’ complaint were aware that the FBI is here looking for City whyte-wash of dirt going all the way back to the corrupt Mayor Marks era and therefor ruled against Buss.
However that leads one to ponder Mr. Buss’ intent here in filing the action in the first place. 1] He’s been living under a rock and is unaware of the FBI’s reason for being in town and that it’s no longer “business as usual” at the City or 2] He’s whizzed off at Nancy for some reason and this complaint was Buss’ way to throw Nancy under the bus or 3] Buss is just someone who…well actually there is no logical third reason except maybe Mr. Buss has a stupid attorney who urged him to file the complaint. But that is no excuse because even then Buss made the final decision to file.
Heck Mr. Buss actions were likely just as stupid to Nancy, as explained above, and withdrawal from the next election was Nancy’s only logical choice after what Mr. Buss did to her by complaining.
What have we learned? Well as far as Nancy is concerned “you can choose your friends but not your family”.
Exactly who did the urging? Maybe they should be the next person to go before that toothless Ethics Committee…