STOLEN ELECTION? Voters Deprived of Essential Information -- State Delayed Fine of More Than $46,000 for City of St. Augustine Illegally Dumping

STOLEN ELECTION? Voters Deprived of Essential Information -- State Delayed Fine of More Than $46,000 for City of St. Augustine Illegally Dumping 20,000 Cubic Yards in Old City Reservoir

In a republic or a democracy, full, timely information is essential to allow voters to make informed decisions. On the illegal dumping, St. Augustine voters were systematically deprived of adequate information on the state's intention to tine our City of St. Augustine more than $46,000. This places the legitimacy of our local and state governments in question.

There has been a coverup of major proportion, which has been referred to Inspectors General in Washington, D.C. and Tallahassee.

Here's how the Florida Department of Environmental Protection (FDEP) delayed its penalty assessment for the City's illegal dumping, thereby depriving St. Augustine voters of essential information we needed to evaluate the nature, structure and performance of our City government in the November 7, 2006 City election.

One hesitates to say an election was stolen, but if St. Augustine voters knew our City was being fined more than $46,000 for the illegal dumping in the Old City Reservoir, the Mayor's race and Commission Seat 3 race would have been won by Lincolnville's Peter Romano. Looking at the facts, one can only conclude that our City's election was stolen by the manipulation and suppression of information. Here's the timeline.

On February 17, illegal dumping was reported to the National Response Center (report No. 788280) -- the dumping involved over 30 million pounds of contaminants dumped in St. Augustine's Old City Reservoir in recent months (with more dumping suspected in prior years at the site, located on Holmes Blvd. between .

On February 24, FDEP did not have the information from EPA yet, arranging to send criminal investigators February 27.

On February 27, FDEP and EPA CiD investigators caught the City red-handed, illegally dumping. EPA CID washes its hands, claiming on-site that the dumping was "de minimis," even though the volume exceeds six Olympic-sized swimming pools filled to a depth of six feet, and the dumping is in the Old City Reservoir.

On March 1, FDEP caught the City illegal dumping again.

On March 15, FDEP sent a warning letter, ordering the City to remove its illegal dumping from the Old City Reservoir. The City has still not removed the contaminants as of December 4, 2006. The facts of DEP's letter were never denied (our City only quibbled with legal conclusions, falsely arguing the violations were de minimis and de micromis), when FDEP found they were "serious," and involved a "lack of good faith" on the City's part. Delay tactics by City Manager WILLIAM B. HARRISS & Co. and by the state's largest corporate law firm, AKERMAN SENTERFITT environmental partner WILLIAM PENCE (see below) succeeded in delaying the day of reckoning until after the November 7, 2006 election. While City officials stonewalled questions, they delayed the fine until one week after the November 7 election. You've got to hand it to these coverup artists -- they're not only smug, they helped to steal an election and delay democracy.

The pollution was reported February 17, investigated commencing February 27, continued after the criminal investigators arrived (photographed on March 1, 2006).


Yet it was not until October -- seven months later -- that the penalty assessment process was completed, thereby cleverly delaying public notice until after the biennial St. Augustine election.


On October 2, 2006, FDEP Northeast District staff forwards penalty calculation and consent
order to Office of General Counsel (OGC) for review

On October 16, 2006, FDEP Northeast District (NED) received memo from OGC that consent
order was received

On October 27, 2006, FDEP NED received comments from OGC (NED staff review)

On November 1, 2006, the St. Augustine Chronicle published a cover story about the City's illegal dumping.

On November 6, 2006, FDEP completed its initial review, sending the proposed consent decree back to OGC for final review and approval.

On November 6, 2006 at 8 PM, MAYOR GEORGE GARDNER sent out hundreds of E-mails, falsely contending that our City done nothing wrong in the illegal dumping, claiming there was "no criminal intent," and that the City was cooperating. (See below).

On November 7, 2006, voters (deprived of information on illegal dumping fines of more than $46,000) elected JOSEPH LEROY BOLES, Jr. as Mayor with 57% of the vote, over reformer Peter Romano, while re-electing GEORGE GARDNER as a Commissioner, with 55% of the vote. Neither GARDNER nor BOLES had ever answered a single question about their illegal dumping from February 27, 2006 to November 7, 2006 (although GARDNER claimed to me on February 24, 2006 that what was being dumped was "clean fill," when EPA says "there are no bedsprings in clean fill."

On November 8, 2006, the proposed fine of more than $46,000 received final approval from OGC

On November 8, 2006, the proposed fine of more than $46,000 was sent to FDEP NED for review.

On November 13, 2006, Mayor GEORGE GARDNER uses his valedictory speech to attack Ed Slavin for asking "over 200 questions" about our City's illegal dumping, accusing him of "abusing" the process of public comments to ask questions.

On November 14, 2006, FDEP's NED District Director approves consent order package and issued the proposed consent order to City of St. Augustine, noting that penalties were higher for "serious" violations and "lack of good faith" of the City of St. Augustine..
On November 19, 2006, the St. Augustine Record newspaper editorial denounces MAYOR GEORGE GARDNER for violating free speech rights regarding the illegal dumping. (See below),

On November 21, 2006, FDEP releases information about the illegal dumping to Ed Slavin and the St. Augustine Record. (See below).

On November 22, 2006, the St. Augustine Record publishes a page-one story about the proposed fine of more than $46,000.


The EPA Inspector General's Special Investigations Unit (SIU) is now investigating the EPA CID's false characterization of the violations as "de mimimis," and refusing to do EPA s job.

The Governor's Inspector General and the FDEP Inspector General are investigating the coverup and failure to bring any criminal charges against the City of St. Augustine for the current and prior dumping, coverup, obstruction of justice, perjury and other crimes.


On December 4, 2006, controversial St. Augustine Mayor GEORGE GARDNER will take another stab at another valedictory speech, and controversial St. Augustine Commissioner JOSEPH LEROY BOLES, JR. will be sworn in as MAYOR. Meanwhile, MAYOR GARDNER has announced he is not seeking another term as Commissioner and appears to indicate that Commissioners ERROL JONES and SUSAN BURK are not running for re-election (or else he wants his supporters to run against them).

Mayor GARDNER admits there is "rampant corruption" in City Hall, yet never did anything about it. Voters were deprived of the information they needed to do something about it when DEP conveniently delayed assessing the penalty and issuing its $46,000 (and change) fine letter until after the election.

The system is broken. Change is urgently reqiured. The illegitimate government of the City of St. Augustine will be cleaned up, along with its illegal dumping.. Illegitimi Non Carborundum.