Cooper City Frivolous Recall Abandoned

Posted on the Sun-Sentinel.com/Broward Politics

Cooper City recall effort abandoned

Posted by Anthony Man at 9:55 AM
Residents intent on removing John Sims from office because of anti-Semitic Web postings have dropped the recall effort, saying the city can't afford it.

The residents started the rare recall move against the city commissioner last month to hold him accountable for a now-defunct, controversial blog registered to him that posted anti-Semitic statements about Mayor Debbie Eisinger.

Elliot Kleiman, a recall committee organizer, said Wednesday the group collected more than the needed 1,900 signatures, or 10 percent of the city's registered voters. He said he could not provide the exact number of signatures because he stopped counting when they reached the required amount.

Kleiman said the group hoped to hold the recall in November to coincide with the presidential election, but the process would likely take longer and force Cooper City to conduct two special elections. Doing so would cost the city about $55,000 apiece, according to City Clerk Susan Bernard.

"Based on the economy and all the problems with city budgets, we just determined that it just wasn't worth it," Kleiman said.

In January, the Broward Sheriff's Office started looking for evidence leading to those responsible for anti-Semitic postings about the mayor on a now defunct blog. The Sheriff's Office considered the incident a hate crime. They have not charged Sims or anyone else with a crime and have suspended the investigation until they get more information.

Sims, 49, whose term ends in March 2010, has said he had nothing to do with the Eisinger postings. He said Wednesday he thought the recall petition "was a big joke."

"I wanted to take them to court and show what a frivolous recall it was," Sims said.

-- Staff Writer Elizabeth Baier

THE TRUTH:
Let's get this straight!

There were NO anti-semitic comments on the blog that Lori Green created !

There was NO hate crime committed on the blog that Lori Green created !

There were only ALLEGATIONS of hate and anti-simitism against Comm. Sims !

There was no PROOF of Sims being involved per the BSO Police !

The petition was not legally sufficient to sustain the charges which were so vague and uncertain that Commissioner Sims could have no conception of the particular act or acts which substantially related to the alleged cause(s) of removal from office and would not have been able to eve formulate a response. Therefore, the baseless allegations contained in the Petition for Recall could not constitute malfeasance, misfeasance or neglect of duty. The legal requirements were not met where the statement(s) in the petition were nothing more than conclusions or opinions without any tangible basis of facts. There was absolutely no truth, factual allegations nor justification to any of the false charges levied against Commissioner Sims by the Recall Committee (Yes, that Committee includes EVERYONE who signed it) by an ex-Commissioner who rarely showed up sober for a Commission meeting.

I am glad the majority of voters showed support for Commissioner Sims' dedicated service to the community by not signing the ridiculous petition.

The lie told by the Green's and Esiinger's wasted alot of Elliot Kleiman's time and money...

Posted by: morons | May 30, 2008 11:00 AM

I don't believe the recall committee got the required number of signatures. Shredding the list seems to be the best evidence that they didn't get the signatures. This mean-spirited group of peabrains would have moved forward had they had the signatures. Heck, only 2 weeks ago Eliott was up at the podium at the last commission meeting doing his recall rant. If they had the signatures, they would have moved forward. What a bunch of losers.

Also, Elliot told me they didn't have even half of the signatures required as of last Saturday. There is no way in HE!! that they got over 1,000 signatures on Memorial Day weekend. You are a liar Recall Elliot. He told me that he did not have the signatures. Sounds like Judy Stern/Debby Eisinger spin to me to save face. Elliot also told me that more than half of the people said they didn't care about his stupid recall and the other half called him a sore loser (and a senile old drunk). Even people on the recall committee told me that they didn't get all of the signatures.

If they did, prove it, don't shread them. You can't tell me they shredded all of the signatures...for what? I can assure you that if you did indeed get enought sigs, that you all would have pressed forward. Since when did Elliot care about spending money? You are all a bunch of liars. The recall was a big lie. The blog posting accusing Sims was not a hate crime, nor was it anti-semitism and was all a big lie.

What improper things has SIms done, please tell us in detail, because it certainly wasn't spelled out in the fake petition. They were nothing but false allegations with no facts whatsoever. BSO did NOT find that he owned the blog. They said, and I quote "The blog was REGISTERED to Sims". How about I 'register' a blog under Elliot, yours or Debby's name and start bashing Christians? What would happen then when the tables are turned? Sims will indeed prove he was not involved and win his lawsuit. You people are all ignorant and the scum sentinel is biased...

Thank God Sims is in office.

Posted by: Elliotsux | May 30, 2008 11:04 AM

Thank You, Lori Green, Debbie Eisinger, Greg Ross, Elliot Kleiman and many others including those who signed the petition. You have done more to embrass Cooper City than anything
John Sims allegely did. Your lies, half truths and malicious political attacks have not done anything more than to make Cooper City the laughing stock of Broward County.
If you had real cause to recall the effort would have successed with the support of the decent citizens of Cooper City not the loud mouth hatemongers.

Posted by: I hate CC | May 30, 2008 11:07 AM

This whole thing, and their statement makes absolutely no sense to me. IF Sims were even involved and if he or anyone else had committed a crime, the Governor would have removed him or there would be charges filed. Cooper City would STILL have to PAY for a special election. IF Sims did anything wrong, which he DID NOT, then why go through all of this effort to embarrass the city and not follow through with all of the threats and attacks? Mr. Kleiman! You are a hypocrite and a liar...

To Commissioner Sims, if you read this, MAZEL TOV!

Posted by: gosims | May 30, 2008 11:09 AM

For another view of this despicable attempt to circumvent the legal if not the right way to deal with this please view http://coopercityinsider.blogspot.com .

Posted by: CC Insider | May 30, 2008 11:11 AM

It failed because it was based upon a false premise. The lie told by the supporters had traction in Embassy Lakes Cabal only. The majority of residents in the rest of Cooper City relied upon the law enforcement people
to determine if a crime had been committed not a group of religious fantanics whipped into a mob by the lies and half truths feed to them by the likes of Debby Eisinger, Lori Green and 'Former' Commissioner Kleiman, who was voted out by the electorate due to his indiscretions (drinking on the job) which were readily visible on video tape. The resident with good common sense smelled the foul oder of deceit on this one. Particularly when he told a candidate for city commission recently that this was 'payback' for Sims allegedly being involved in the law and disorder scandal, which he was not...

Posted by: No way | May 30, 2008 11:14 AM

They did NOT get hardly any signatures! This is Bull S***! Elliot Klieman is a LIAR! They did this simply as payback to Sims for the Law & Disorder drinking debacle...and he wasn't even involved!

Former ousted Commissioner Kleiman told many people that this was 'payback' on many occassions. Too bad our Mayor Debby Eisinger got involved and was on the recall committee.

In regards to the Recall effort by The Recall Committee, Elliot Kleiman, Lori Green and Mayor Debby Eisinger,

The actions of the Recall Committee should be very troubling to everyone in Broward county. I don't agree with the tactics that were used against Sims by the Recall Committee, Elliot Kleiman, Lori Green, Greg Ross and Debby Eisinger among many others.

The recall effort was nothing short of frivolous and it was
deceitful just to get signatures. This was just one of many tactics designed to continue to discredit Sims through character assassination because the recall committee doesn't like what he has to say, nor do they like free speech outside of the commission chamber's walls, much less inside, and we all must admonish these political and morally reprehensible tactics. Yes, Judy Stern!

It was alright for the Mayor to allow ‘free speech’ and personal attacks against her opposition up until election time, and then afterwards it was again permitted by her cronies.

Sims was falsely accused of Anti-Semitism by the Mayor and Elliot Kleiman. He was slandered and defamed by them. They created this conspiracy. I hope Sims will seek justice and unfortunately, the citizens of Cooper City will have to pay dearly for that.

If reports in this piece of sh*it paper are to be believed, then we must all admonish those who created this debacle which has been nothing short of disgraceful.

This in and of itself is concerning. Although no crime was committed by Sims or by the actual perpetrators of the so-called 'hate blog' of which Sims was falsely accused of creating, one of the basic tenants of American law is that you have the right to know who your accuser is, and that you are indeed innocent until proven guilty.

These are all true statements. I know, I was part of the inside group that promoted the recall...

Posted by: No Recall | May 30, 2008 11:15 AM

Now that it is over, they should re-group and hang on a good drunk (at the taxpayers expense of course) and go back to work or whatever it is that they do!

Posted by: Chang | May 30, 2008 11:16 AM

Recall the Recall.

It has ended. Not to be left hanging the perps have one last message (read lie) to attempt to feed us. The recall is being withdrawn. Yes, that is what we are being asked to believe.

First, let’s really look at some of the facts of the petition withdrawal. We are being asked to view this petition process as one of benevolence. The process is being halted as it would cost Cooper City $110,000 to continue. The figure head leader of the effort had been the former commissioner Kleiman who had stated when he withdrew his support just a few weeks ago, that it appeared to him that the basis of the petition was in fact very weak and probably not founded on any real facts, only allegation or suggested supposition.

This is after a resident of Cooper City, the Rev. Bob Sands took Mr. Kleimen to task on the concept of hypocrisy.

We have it on very good authority that he then received a blistering phone call from the originator of the petition action, the infamous if not notorious Lori Green, campaign manager for Mayor Debby Eisinger and companion while both were seen walking of the streets of Embassy Lakes knocking on doors to obtain signatures as the petition drive lost its steam.

With that in my mind we are being asked to believe that it is the cost that is the primary consideration for the withdrawal.(Cooper City has at least $22 million in liquid assets. Based upon the last 5 commission meetings, the Mayor has a dummy on either side, ready, willing and quite able to approve any expenditure that she may desire.)

Secondly, the time frame of this process was well known to all who can read (including the lawyers leading the pack) and some of the time line discussion by the backroom manager Lori Green is really just a subterfuge.

It is simply verbal condiments added to the meal of a failed petition needed to feed the hunger mob at Embassy Lakes that so passionately drank the ‘Kool Aid’ of lies, half truths, slanderous and malicious attacks upon a Commissioner who did not follow in line as the previous group (Roper and Valenti, want another beer, brother) did in order to satisfy a political agenda of the power hunger and control freak Mayor of Cooper City, Debbie Eisinger.

Last, but by no means least, the truth that was being told by a few staunch supporters and ‘Thanks’ to a perceptive and thoughtful segment of the population of Cooper City who were able to see through the vitriolic rhetoric of the boisterous if not obnoxious Greg Ross, well known ambulance chaser of the more seedy Broward streets, the hypocritical commentary of (dismissed by the voters and discarded by the Mayor) commissioner Elliot Kleiman, and the tragically flawed arguments of the well meaning group of Embassy Lakes residents who had been sucked into the mob mentality without looking.

They had accepted on faith,(ponder the pun) the allegations as truth based upon a false propositions of bigotry and anti-Semitism, propagated and perpetuated by the real source of this disgusting misuse and betrayal of Judaism, Lori Green.

We, the nonjudgemental and concerned citizens, hope the lesson here is ‘Look and think before you accuse‘.

P.S. It is particularly note worthy that many unsolicited comments were made by the residents of this embattled city that we live in a country in which the process is 'one is innocent until proven guilty'.
Kudos to the residents of Cooper City whose common sense and decency
brought this horrendous nightmare to end.

Posted by: recall the recall | May 30, 2008 11:18 AM

Bravo for John Sims. Seemed like a witch hunt to me.

Posted by: No witches | May 30, 2008 11:19 AM

What do you expect from a senile old drunk (Kleiman) who never showed up at a commission meeting sober? And that Lori Green...They are the real Jew hatemongers!

Don't even get me started about Debby Eisinger and Judy Stern!!!!!! ARRGGHHHH!!!!

Posted by: no more | May 30, 2008 11:21 AM

I denounce Elliot Kleiman and his use of the Kiwanis name to promote the fake Recall Petition at Founder's Day at the Kiwanis Booth. I saw it on Channel 7 (WSVN) news and was appalled that the Kiwanis would sponsor such hate, libel, slander and defamation of a sitting outstanding Commissioner. Demand that Elliot be removed from his office and copy the TV news stations and newspapers.

Posted by: No Kiwanis | May 30, 2008 11:22 AM

Quote by a Recall Volunteer on Topix - "I saw the pages of signatures. They had not been approved by the elections dept, that I will give you all. Someone involved,told me in an election year, this effort would not be a priority to verify each signature which would take longer."

This is absolutely not true. The Clerk has merely a ministerial duty to either reject or accept the petition. If the petition was sufficient in regards to the number of signatures, the Supervisor of Elelctions MUST continue with the effort.

I read the Petition and as a matter of law that the grounds stated in the recall petition were insufficient to invoke the recall election. That is not for the Clerk to decide.

The reasons for recall whether true or false do not affect the proceeding. Their truth or sufficiency is not for determination by the Clerk.

The grounds for the action was contemplated to be something stronger than a belief or an idea; and the ones set out in the petition amounts to no more than either one of these.

The recall petition in no way apprised the Commissioner of the charges he would be expected to respond to were the recall election held, nor would any elector participating in such an election know what issues were intended to be drawn.

The recall petition constituted nothing more than the statement of a conclusion or opinion without any tangible basis in fact. No one reading it could tell what was in the recall committee's minds or, for that matter, whether they were of one mind or each had a different reason for setting the recall effort in motion.

The grounds in the petition did not sufficiently set forth a violation of some duty to the electorate which could be sufficiently identified for the electorate to determine the truth of falsity of the charges; nor did the grounds apprise the Commissioner of the charges he would be expected to meet were the recall election held. It constituted nothing more than a statement of conclusion or opinion.

The ground stated in the petition drastically failed to form a foundation for a recall.

Let us assume that the motive of each signer was of the loftiest character; we still have only an opinion. Let us suppose any issue where the sentiment of the community has been sharply divided, one segment feeling sincerely that a certain course would be "to the best interests of the citizens," the other feeling as strongly that an opposite course would be.

As soon as the Commissioner became allied with one group and exerted himself in their behalf, the opposing group could, doubtless conscientiously, swear that the official had engaged in activities inimical to the best interests of the citizens simply because they entertained the belief that the wrong group had been chosen or elected.

Sims has a property right in the office to which the people had elected him and he could not be forced into a recall election to determine whether he should be ousted, but a few months after entering his term, in the absence of a substantial compliance with the law prescribing the procedure for such drastic actions.

Because the petition failed utterly to form a foundation for the recall, the petition would have been enjoined by a court of law.

The Supreme Court has pointed out on several occasions that an officeholder has a property right in his office and that this right may not be unlawfully taken away or illegally infringed upon.

The law states that the petition under consideration absolutely imposes upon the city clerk or some other appropriate officer the duty of ascertaining whether the recall petition has been signed by the requisite number of qualified voters, no more and no less. Upon the certificate of such officer that a sufficient petition has been filed, the duty of the municipal council to call a special election is purely ministerial.

Clearly the City and the Supervisor of Elections cannot pass upon the sufficiency of charges contained in a recall petition. The Clerk and Supervisor has an interest and indeed a legal responsibility to see that a recall committee follows the proper procedures when a public official is so challenged and sought to be removed from office and that responsibility is strictly a ministerial one without any room for decision-making on their part.

There should be a real foundation for such a harsh test as a recall election, that the charge against an official sought to be recalled is related to the performance of his or her duties of his office, and that the grounds of the action should be something stronger than a belief or an idea.

The grounds as stated in the petition constituted nothing more than the statement of a conclusion or opinion without any tangible basis in fact.

Posted by: Recall Attorney | May 30, 2008 11:25 AM

So the lynching party is over, it's about time saner minds prevailed! Now the residents should question their Mayor, about the insider deal her and her hubby did with the Montera fiasco. That smells of a REAL CRIME!

Posted by: West Hollywood Dissident | May 30, 2008 11:33 AM

We will see how stupid Debby Eisinger, Elliot Kleiman, Greg Ross and Lori Green are when they are hauled off to jail for civil conspiracy. Commissioner Sims WILL prove the blog was not his in court. Just watch & wait. He will be a rich man at Cooper City taxpayer's expense when this is all over...

Posted by: Go Sims | May 30, 2008 11:35 AM