Agenda 09/14/2010 Item # 6B
Agenda Item No. 68
September 14, 2010
Page 1 of 8
Office of the County Manager
Leo E. OChs, Jr,
3301 Easl Tamiami Trail. Naples Florida 34112. (239) 252-8383' FAX: (239) 252-4010
August 30, 2010
Mr. Jim Kramer
2853 Mizzen Way
Naples FL 34109-7655
Re: Public Petition Request regarding plausible deniability
Dear Mr. Kramer,
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of September 14, 2010, regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be
advised that the Board will take no action on your petition at this meeting. However, your
petition may be placed on a future agenda for consideration at the Board's discretion. If the
subject matter is currently under litigation or is an on-going Code Enforcement case, the Board
will hear the item but will not discuss the item after it has been presented. Therefore, your
petition to the Board should be to advise them of your concern and the need for action by the
Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this office.
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Mike Sheffield
Assistant to the County Manager
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Agenda Item No. 68
September 14, 2010
Page 2 of 8
Please print
Name:
Jim Kramer
Address
2853 Mizzen Way, Naples FL 34109-7655
Phone: 239.450.2771 RemarkRJ@aol.com
Date of the Board Meetinc YOU wish to soeak: Sept 14, 2010
Must circle yes or no:
Is this subject matter under litigation at this time? Yes ~
Is this subject matter an ongoing Code Enforcement case? Yes @
Note: If either answer is "yes", the Board will hear the item but will have no
discussion regarding the item after it is presented.
Please exolain in detail the reason YOU are reauestinc to soeak (attach additional
oace if necessary):
~IPlWusfbte 'Dellflrltllllt (see documents attached)
Please exolain in delai/the action YOU are askina the Commission to take (attach
additional oace if necessary):
JlU ~"IIIllIIIMU _~ .urFfllllfll1UIl U nr (see excuse above)
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C:\Documents and Settings\Jim\My Documents\PublicPetitionRequestFonn-20OSnewfonn.doc
Brent Batten: County should trust less, E-Verify more: Naples Daily News
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Agenda Item No. 68
September 14, 2010
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Read morc at nnplosnolNs.coo'
Brent Batten: County should trust less, E-
Verify more
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Collier County government wants its contractors to hire legal workers.
It doesn't bother to check, mind you, but it wants them to.
Bidders on county contracts are required to sign an affidavit agreeing to abide by
federal law in hiring workers. Included in that is the understanding that the employers
will use the federal E-Verify system to check the tegal status of their new hires. But
many bidders aren't even registered with E-Verify and county purchasing officials
acknowledge it's not something they check when reviewing bids.
Anthony Brown, a local electrician who believes citizens and legal immigrants are
being undercut for work because of the cheap labor provided by illegal immigrants, is
intent on getting the county to change its ways.
He is scheduled to speak at the Sept. 14 County Commission meeting to urge a
series of steps to make it more difficult for companies to hire illegal immigrants.
Among the steps Brown plans to ask commissioners to take: Make it a requirement for
a business operating in Collier County to sign up with E-Verify, set up a task force to
enforce the law and have the county better monitor its own contractors' compliance.
E-Verify is a partnership between the Department of Homeland Security's immigration
division and the Social Security Administration. Businesses sign up for free then when
they hire a person they can quickly check that person's immigration and employment
status through the E-Verify website.
More than 9,000 Florida employers are signed up and this year between them they
ran almost 500,000 checks through the end of July, according to E-Verify
spokeswoman Sharon Scheidhauer.
To bid on a county contract, a company must agree to numerous conditions. One of
them says the vendor agrees to use E-Verify to make sure its employees are eligible
to work in the U.S.
But a spot check of bids shows that many haven't registered with E-Verify, meaning
they don't have the ability to access the data.
http://www.naplesnews.com/news/20 1 0/augl06/illegal-immigration-e-verify-collier-county/... 8120/2010
Brent Batten: County should trust less, E-Verify more: Naples Daily News
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Agenda Item No. 68
September 14, 2010
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Of 12 companies that submitted bids last year to build a sailing and ski center at
Sugden Park, only three were registered as E-Verify participants.
None of the eight companies bidding on a county median mowing contract were
registered at the time their bids were submitted.
Not one of six companies to submit bids for janitorial services at several county
parking garages were registered at the time of the bidding.
Len Golden Price, administrative services administrator for the county, says the
affidavit affirming participation in E-Verify has to be submitted with a company's bid.
Failing to do so could be grounds for rejection.
But the county staff doesn't check to see if employers partiCipate in E-Verify, she said.
"Essentially, yes, we're taking their word for it. But it's a legal document and it could
nullify the contract," she said.
The E-Verify website does not include a link where anyone can search for
participating businesses by name. The group Numbers USA, an advocacy
organization in favor of reducing immigration, gets a quarterly update from E-Verify
and allows anyone to search its site by company name to find E-Verify users.
Scheidhauer said Homeland Security can also provide to local governments a list of
Florida participants that is more current than the Numbers USA data.
Brown isn't alone in his Quest to make use of E-Verify the norm. Last month the
Florida Cabinet unanimously agreed to require state agencies to use E-Verify.
State and local governments from California to Virginia have adopted E-Verify
measures that, in some cases, require businesses to register with E-Verify as a
condition for holding a license to operate.
Brown finds the county's "don't ask" policy toward E-Verify ironic, given that in 2007
the commission adopted a resolution reading, in part, "The board urges the federal
government to swiftly and firmly enforce our immigration laws against illegal
immigrants and those employers who hire them:
"Ten years ago I was making $25 to $30 an hour. Today I'm making $14," Brown said.
"Both (political) parties have flooded this country with cheap labor. It's supply and
demand. "
Oftentimes, immigrant workers send part of their earnings to their home countries,
taking money out of the economy here, Brown noted. "Millions of taxpayer dollars are
going to other countries while Americans are losing their homes."
Scheidhauer said there's no reason for businesses not to sign up with E-Verify. "It's
easy and it's free, for gOOdness sakes. "
Connect with Brent Batten at naplesnews.com/staff/brenCbatten
http://www.naplesnews.com/news/20 1 0/augf06/illegal-immigration-e-verifY-collier-county/... 8/20/2010
Plausible deniability - Wikipedia, the free encyclopedia
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Agenda Item No. 68
September 14, 2010
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Plausible deniability
From Wikipedia, the free encyclopedia
Plausible deniability refers to the denial of blame in loose and informal chains of command where upper
rungs quarantine the blame to the lower rungs, and the lower rungs are often inaccessible, meaning
confirming responsibility for the action is nearly impossible, In the case that illegal or otherwise
disreputable and unpopular activities become public, high-ranking officials may deny any awareness of
such act or any connection to the agents used to carry out such acts.
In politics and espionage, deniability refers to the ability of a "powerful player" or actor to avoid
"blowback" by secretly arranging for an action to be taken on their behalfby a third party--ostensibly
unconnected with the major player, In political campaigns, plausible deniability enables candidates to
stay "clean" and denounce advertisements that use unethical approaches or innuendo based on opposition
research.
More generally, "plausible deniability" can also apply to any act that leaves little or no evidence of
wrongdoing or abuse, Examples of this are the use of electricity, waterboarding or pain-compliance holds
as a means of torture or punishment, leaving little or no tangible signs that the abuse ever took place.
Plausible deniability is a legal concept. It refers to lack of evidence proving an allegation. Standards of
proofvary in civil and criminal cases. In civil cases, the standard of proof is "more likely so than not"
whereas in a criminal matter, the standard is "beyond a reasonable doubt" If your opponent lacks
incontrovertible proof (evidence) of their allegation, you can "plausibly deny" the allegation even though
it may be true.
Contents
. 1 Overview
. 2 History
. 2,} Church Committee
. 2,2 Legislative barriers after the Church Committee
. 2.3 Media reports on the Church Committee and plausible deniability
. 2.4 Iran Contra Affair
. 2.5 Declassified government documents
. 3 Flaws
. 4 Other examples
. 4,1 Council on Foreign Relations
. 4,2 The Murder of Thomas Becket
. 4.3 Use in computer networks
. 4.3,1 Freenet file sharing
. 4.4 Use in cryptography
. 4.5 Programming
. 5 See also
. 6 Resources
. 6,1 Further reading
. 6,2 External links
http://en. wikipedia.orglwikilPlausible _ deniability
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Plausible deniability - Wikipedia, the free encyclopedia
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Agenda Item No. 68
September 14, 2010
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. 6.2.1 Church Committee links
. 6.3 Notes
Overview
Arguably, the key concept of plausible deniability is plausibility, It is filirly easy for a government official
to issue a blanket denial of an action, and it is possible to destroy or cover up evidence after the fact, and
this might be sufficient to avoid a criminal prosecution, for instance, However, the public might well
disbelieve the denial, particularly if there is strong circumstantial evidence, or if the action is believed to
be so unlikely that the only possible explanation is that the denial is false.
The concept is even more important in espionage. Intelligence may come from many sources, including
human sources. The exposure of information to which only a few people are privileged may directly
implicate some of those people in the exposure. For instance, suppose a government official is traveling
secretly, and that only one of his aides knows the specific travel plans, Suppose further that the official is
assassinated during his travels, and that the circumstances of the assassination (an ambush, perhaps)
strongly suggest that the assassin had foreknowledge of the official's travel plans. The only logical
conclusion is that the official has been betrayed by his aide. There may be no direct evidence linking the
aide to the assassin, but the collaboration can be inferred on the filets alone, thus making the aide's denial
implausible.
Plausible deniability in the context of espionage dates back to at least World War II and the Allies' use of
ULTRA intelligence, which had secretly broken German Enigma ciphers. For example, ifUL1RA
revealed a V-boat position, the Allies would not simply send a ship to sink the V-boat, Instead, they might
send up a search plane, which would "fortuitously" sight the U-boat, and also ensure that the V-boat saw
the search plane, In other cases, the inability to provide plausible deniability forced Allied commanders to
avoid taking direct action despite having useful intelligence. In this case, the purpose of going through
extra steps or not taking action was to not let the Germans know that their ciphers had been broken,
History
The expression "plausibly deniable" was first used publicly by Central Intelligence Agency (CIA) director
Allen DullesV] The idea, on the other hand, is considerably older. For example, in the 19th century,
Charles Babbage described the importance of having "a few simply honest men" on a committee who
could be temporarily eliminated when "a peculiarly delicate question arises" so that one of them could
"declare truly, if necessary, that he never was present at any meeting at which even a questionable course
had been proposed, ,,[2]
Church Committee
A U.S. Senate committee, the Church Committee, in 1974-1975 conducted an investigation of the
intelligence agencies, In the course of the investigation, it was revealed that the CIA., going back to the
Kennedy administration, had plotted the assassination ofa numher of foreign leaders, including Cuba's
Fidel Castro, But the president himself: who clearly was in favor of such actions, was not to be directly
involved, so that he could deny knowledge of it. This was given the term plausible denial. [3]
Non-attribution to the United States for covert operations was the original and principal
purpose of the so-called doctrine of "plausible denial." Evidence before the Committee
httpJlen.wikipedia.orglwikilPlausible deniability 8/20/2010
On The Mark: Get out and vote: Naples Daily News
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Agenda Item No. 68
September 14, 2010
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On The Mark: Get out and vote
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OUf government seems to be going further and further in a direction inconsistent with
the desires of its citizens. The concerns raised by the public appear daily in the news,
on the radio and through a variety of electronic media yet the message is often not
being heeded by some politicians at all levels.
Next week is another opportunity to voice your concerns by voting in the primary and
again in the main election on everything from school board candidates, commission
races (depending upon which district you live in), congressional races and the
governor's office. A variety of political positions are up for election and there are even
some qualified candidates running; all they need is your vote to do the job.
It will take more than a news quote or a blog about something we dislike to change
things. While those tactics are necessary and helpful in order to make people aware
and possibly even get them thinking, introducing issues for discussion must be
followed by voter participation.
Voting is more convenient than it has ever been, with absentee balloting and early
voting, there is an opportunity that fits into everyone's schedule.
So what is the excuse for anything but a 100 percent voter registration and turnout?
Too many people are great at talking, better yet at blogging, and may even try to
encourage others to get involved in making changes, but when it comes down to
something as simple as voting, where are they? Where are they when a good
candidate needs support? To win an election, more than money is needed.
We sit passively by much too often and fail to challenge those in power. It's clear
some of the politicians we currently have know far less than we do and failing to
challenge them is an acceptance of their actions. Voters can be smart if they just
exercise their right to vote and their abilities to speak out whenever possible.
Some elected officials may feel they are infallible, but voting can prove them wrong.
The number of mistakes and the abuse of power at all levels of government are
increasing and will continue to do so until voters express their discontent.
Look at the position the public has been restricted to when we try to participate in
local government. We are selectively limited in the time allowed to speak regardless
of the intensity of the subject. The entire psychology of the meeting room is centered
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On The Mark: Get out and vote: Naples Daily News
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Agenda Item No. 68
September 14, 2010
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on elevating those in power and intimidating everyone else. The public is out
maneuvered if they ask for a simple explanation, not by the politicians who cannot
answer in the first place, but by staff that we are funding. To many times the
response is simply not to respond. We wonder why the higher levels of government
are worse?
N, taxpayers we have been removed from expressing ourselves by referendum on a
potential tax increase, our community planning is being ignored to the benefit of
special interests far too often. Now we find out that we have allowed the federal
governrnent to absurdly reclassify rural uplands as flood prone areas in order to
burden us further in the form of mandatory insurance. How much must happen
before we are fired up enough to vote?
The odds of changing things are not good. Those in power are very protective of their
turf and it will be difficult for anyone else to break new ground without a lot of help.
That will mean voting and participating in campaigns if we really want things to be
different. Likewise if you are satisfied with the way things are going, you too better be
at the polls or things may change in ways not to your liking.
We are a republic under a democratic form of government, our representatives are not
elected by a majority of the people; they are elected by the majority of voters and
when only a third or so vote, that representative majority is far off the mark.
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