During the summer months of 2016, Mr. Bennet on more than one occasion ordered the spraying of areas of Fort Worth, TX. with Chemical agents, the full contents of which were unknown to him, in the ill-fated attempt to control Mosquitos that MAY carry West Nile Virus (WNV). Mr. Bennett, breached/violated his Fiduciary Duty to the tax payers each time he did this for the following reasons.
1. The record will reveal that Mr. Bennet as "Director of Code Enforcement", had a "Fiduciary Duty" TO THE TAXPAYERS as a "Public Service Employee" and , that he "breached",(betrayed) that duty, when he willingly failed to inform the taxpayers of the City of Fort Worth, Texas (his employer) that the spraying of large areas with Chemical agents to control Mosquitos which MAY carry WNV , (or any other contagion) is ONLY EFFECTIVE FOR NO MORE THAN TWENTY-FOUR (24) HOURS for the irrefutable scientific reasons here below.
a) The West Nile Virus is widely known in the scientific community to be endemic (widely spread) in the Wild Bird population as well as most of the other game animals. This includes the domestic livestock as far North as Southern Canada, and as far South as Northern Mexico, and from the East to the West Coasts of the USA.
b) New Mosquitos will be emerging from the pupa stage every twenty-four hours even AFTER any spraying of chemicals to control their numbers and this is a well known natural process that cannot be denied, because the distribution of the Chemicals ONLY impacts adult mosquitos. As the natural process continues, any of the 'newly emerging' Mosquitos will have every potential to acquire the WNV from the very same Wild Birds that the 'other' Mosquitos MAY have acquired it from. High school science references are sufficient citations to consult.
c) The only PROVEN and absolutely effective manner for the Human population to avoid contracting ANY MOSQUITO BORNE ILLNESS IS TO USE PERSONAL PROTECTION IN THE FORM OF INSECT REPELLANTS AND PROTECTIVE CLOTHING. This of course is a fact of common sense; even to those who may not possess 'common sense'.
These assertions can be verified with responses to the Texas Public Information Act, Sec. 6252-17a et seq (T.P.I.A) which the City of Fort Worth, and several other municipalities of Texas replied to, at our application of that law. We will make those available to whomever requests them. See "contact" section for details.
2. The public record also reveals that Mr. Bennett negligently and carelessly increased the dangers to the taxpayers, while needlessly wasting their tax dollars, when he ordered them to be exposed to Chemical agents, on numerous occasions that he HIMSELF could not verify much less testify in ANY court, to the full contents of, for the following reason:
a) The Texas Public Information Act, Section 552.109, allows for all companies/businesses, including any private contractors, to "claim trade secrets privileges" and as a result, are not required to reveal the full contents of the Chemical agents that were sprayed upon the population at Mr. Bennett's carlessly unprofessional direction.
In a short phrase; the tax payers fund the broadcasting of chemical agents upon themselves, their families and their properties and they are NOT EVEN ALLOWED TO KNOW THE CONTENTS OF THOSE CHEMICAL AGENTS; and THAT IS BY LAW.
These revelations contained here expose violations of the trust of the tax paying public who will be the "plaintiff" in the civil action. These violations were committed by Mr. Bennett who will be the primary "defendant" in that action. Mr. Bennet, by his position as "Director of Code Compliance" for the City of Fort Worth, Texas, was charged with protecting the tax payers; our evidence reveals that he failed the people who trusted him. Many questions arise as to why he acted in such an irresponsible and unprofessional manner and failed the tax payers. His employment record reveals that he has been a 'public servant' in one capacity or another for the majority of his career. He would be unable to claim 'inexperience'. In regards to and as a result of that history, we believe that he should be terminated from public service in Fort Worth, Texas, IMMEDIATELY !
In addition, we believe that Mr. Bennett should be required to reimburse the taxpayers, with interest included, for the expenditures that were wasted by his "Breach of Fiduciary Duty" as far back as 2012. This would of course be AFTER he is thoroughly and fully investigated by an outside source for any other potential corruption related offenses which may be criminal in nature.
We believe that the City of Fort Worth, Texas, or any other municipality would be well advised to consider the only intelligent alternatives to spraying large areas of any location with Chemical Agents to control any Mosquito borne contagion. These alternatives listed here are simple solutions with 'logic 'as their motivation;
a) If the desire is to protect the population from exposure to Mosquitos that MAY carry ANY contagion, the INTELLIGENT choice would be to provide "personal protection" to the citizens on an individual basis in the form of insect repellents that can be worn on their person, and at their own discretion. This in addition to repeatedly advising and reminding them to wear protective clothing.
b) When a "positive mosquito trap" is reported, warning the citizens in that area to take extra precautions would simply be an addition to the services provided for their benefit.
These two VERY SIMPLE actions are undeniably the most intelligent AND efficient use of public funds, and at the same time achieves the goals of the original intent.
We also urge the citizens of the City of Fort Worth, and Dallas Texas , who have been negatively impacted as we explain here; to file a"fraud and deceptive trade practices complaint" suit/cause of action against the 'private contractor' who provided the chemicals, the equipment and the personnel. This was conducted while that company obviously withheld vital information concerning the efficacy of the practice they were being paid tax dollars to perform.
The only exception to that would be that the Company actually DID inform Mr. Bennett and any others of the extremely limited efficacy of the method; and he chose to ignore it. At the very least the public should know the name of this company in order to better judge whether they wish to do business with them based on the manner in which they conduct their business with the tax payers "employees" such as Mr. Bennet.
Many we have communicated with were very disappointed to discover that their confidence had been misplaced in their city government. They had been duped, fooled, tricked into believing the effectiveness of the method that we have revealed here to be desperately faulty by reason of simple logic and scientific fact. If you are one of them we certainly understand, and now that you know the truth you have a method to emphasize your response; either join a class action suit with the Mindful Dissenters or file your own. One very important fact that the reader should consider is this: There are NO laws, Federal, State, or local that require ANYONE to allow themselves to be exposed to ANY chemcical agents, for ANY reason; and they each and everyone have the right to DISSENT to being exposed to chemical agents for any reason.
The legal system ONLY WORKS IF YOU USE IT.
A note here for the reader; According to the legal literature the "Public Employee" has the same "Fiduciary Duty to their Employer" that the "private sector employee" does. Their "Employer" is the "Public" whos tax dollars pay the salaries and benefits for the "Public Employee.
The following legal reference for more than 300 legal citations asserting our argument, is for the convenience of those who may wish to join in this 'cause of action', as well as for your own legal counsel's review, even though the references are not directly current.
O'Connor's Texas Causes of Action, 2011; Chapter 11, "Fiduciary Duty", Statutes and Citations ; "The Breach of Fiduciary Duty is a Tort". Pages 257-270
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