Guest Column: 12 days of Christmas
ED SLAVIN
St. Augustine
Publication Date: 12/16/06
On the twelfth day of Christmas, my true love gave to me:
One new national park, "St. Augustine National Historical Park and Seashore" (SANHPS), preserving an "emerald necklace of parks," with restored 1928 trolley car system and Civil Rights Foot soldiers monument, honoring 11,000 years of First Coast history. From the Castillo to Fort Matanzas to Red House Bluff to the Slave Market to city streets, wetlands and forests, lets preserve what needs preserving for our visitors and residents.
Two new Democratic Houses of Congress. Two new St. Johns Commissioners. Expect thorough reforms/investigations.
Three progressive-populist-reform candidates for St. Augustine mayor/commissioners.
FDR's Four Freedoms" (freedom of speech and to worship and from fear and want) advancing everywhere.
Five new laws protecting "just us folks," including a "Living Wage."
Six more global religious leaders championing human rights and solving Global Warming.
Seven new ways to defeat Pharisees' globalizing greed -- outsourcing, price gouging, union busting, deforestation, monopolization -- "the race to the bottom."
Eight ways of restoring free-market competition and ending costly, no-competition government contracting.
Nine single-member St. Augustine Commission districts, one-per-precinct (as in our past), empowering neighborhoods.
Ten gnarly solar/conservation energy technologies, saving our frail planet.
Eleven ways to persuade the world's peoples to stop killing for religion/politics/ money/tribalism. "Give peace a chance."
Twelve St. Augustine city charter amendments assuring transparency, while preserving our peaceful town and stopping influential tree-killer-clear- cutter-overdevelopers.
At November 13th's City Commission meeting, I first proposed "St. Augustine National Historical Park and Seashore. Then-Mayor George Gardner snapped that I ask too many questions (about the peoples' business, unanswered). Kudos to the St. Augustine Record for defending free speech. Frustrated, retaliatory Gardner never stood up to City Manager William B. Harriss, Philistine overdevelopers, Time-Warner-cable-TV, government contractors, or "rampant corruption" (his words), habitually breaking campaign promises. I wear Gardner's scorn as a badge of honor. My religious tradition teaches forgiveness; I forgive Gardner and cronies.
Let's fill Christmas stockings:
Gold stars to County Commission Chair Ben Rich and other progressives, fighting corruption, thinking globally, acting locally.
To City Commissioners and Harriss, 47,248 lumps of coal for FDEP's illegal dumping fine ($47,248).
Both stars/coal to FDEP (which hid its proposed $47,248 fines under bushel-baskets, concealing "serious" violations and "lack of good faith" findings until one week after elections). Let's prosecute environmental criminals.
To Anastasia Mosquito Control District, 1,793,243 lumps of coal for buying a gold-plated $1,793,243 helicopter (with $1,347 map pocket), with no competitive bidding, with Board Chair Bosanko and Director Xue refusing to answer even newly elected board members' questions.
Gold stars to the local church and the motel-owner's granddaughter for apologizing (in DNWA) [the prize winning documentary "Dare Not Walk Alone"]for 1964s wrongs, but lumps of coal to City officials who refuse to do so, while discriminating (not one of 59 SAPD officers is African-American), with unconstitutional racial gerrymandering (more than 50 City annexations in 55 years while refusing to annex West Augustine).
Let's erase Apartheid/bigotry.
To City Commissioners Susan Burk and Joseph Boles: gold stars for supporting free speech (Rainbow flags on Bridge of Lions).
A gold star to U.S. District Judge Henry Lee Adams, Jr. for ordering the City to fly Rainbow flags.
Lumps of coal to Harriss for violating free speech on St. George Street and our Bridge.
Gold stars to the Record for exposing government wrongdoing.
To voters who "had enough": gold stars for defeating incumbents and electing reformers.
Gold stars to Arizonans for rejecting an anti-Gay marriage amendment, to Florida Governor Jeb Bush and Governor-elect Charles Crist for opposing a similar amendment. In 1566, Florida's first Governor ordered murder of a Gay translator, termed "a Sodomite and a Lutheran." Today's Floridians respect diversity.
2007 promises more progress. "We the people" demand liberty, justice and equality.
Dickens' Ebenezer Scrooge transformed and reformed himself from villain into benefactor in one night, after visits from Ghosts of Christmas Past, Present and Future. Today's Scrooges need our prayers.
O. Henry's "The Gift of the Magi" and the film "It's A Wonderful Life" teach that loving concern for others is the best Christmas gift -- the universal meaning of "the holidays" -- whether Christmas, Hanukkah, Kwanzaa, Solstice or New Year.
Click here to return to story:
http://staugustine.com/stories/121606/opinions_4277398.shtml
© The St. Augustine Record
Saturday, December 16, 2006
Friday, December 15, 2006
Draft Resolution for City and County Commissioners and Local Groups regarding St. Augustine National Historical Park and National Seashore
BE IT RESOLVED, that the City of St. Augustine, Florida hereby recognizes that the National Park Service is uniquely qualified to preserve and protect our City's and our First Coast's history; and
BE IT RESOLVED, that our City hereby respectfully petitions our President and 110th Congress of the United States to enact the "St. Augustine National Historical Park and Seashore" (SANHPS) Act (SANHPSA), preserving history in a National Historical Park and National Seashore located in and around the Nation's Oldest (European-founded) City of our area's 11,000 year history of human settlements; and
BE IT FURTHER RESOLVED, that our City hereby respectfully petitions for Congress to hold field hearings here in St. Augustine during the first session of the 110th Congress regarding the scope and details of SANHPS and SANHPSA, with emphasis on suitably:
1. Honoring the Nation's Oldest city's natural and human history, including our rich diversity and Native American, African-American, Spanish, Minorcan, English, Civil War, Reconnstruction, Flagler Era, Civil Rights, environmental, economic, social, religious, naval, military, agricultural, culinary, architectural histories; after
2. Understanding and planning for the current and prospective state of archaeological, historic and environmental protection, preservation and education, including recommendations of a recent panel of experts;
3. Adopting an integrated statutory approach to funding and operating SANHPSA parks, archaeology and history investigations and research, while
4. Restoring St. Augustine's historic 1928 trolley car system into an integrated public transportation system serving the VIC/Parking Garage, Downtown, Uptown, Lincolnville, West Augustine, Davis Shores/Anastasia Island, with possible future expansion to Vilano Beach, St. Augustine Beach, Crescent Beach,Marineland, Ponte Vedra, and Palatka, and
5. Creating an "emerald necklace of parks" operated by the National Park Service in and around our Nation's Oldest City, with boundaries to be determined.
(283 words)
12/15/2006
ES draft
BE IT RESOLVED, that our City hereby respectfully petitions our President and 110th Congress of the United States to enact the "St. Augustine National Historical Park and Seashore" (SANHPS) Act (SANHPSA), preserving history in a National Historical Park and National Seashore located in and around the Nation's Oldest (European-founded) City of our area's 11,000 year history of human settlements; and
BE IT FURTHER RESOLVED, that our City hereby respectfully petitions for Congress to hold field hearings here in St. Augustine during the first session of the 110th Congress regarding the scope and details of SANHPS and SANHPSA, with emphasis on suitably:
1. Honoring the Nation's Oldest city's natural and human history, including our rich diversity and Native American, African-American, Spanish, Minorcan, English, Civil War, Reconnstruction, Flagler Era, Civil Rights, environmental, economic, social, religious, naval, military, agricultural, culinary, architectural histories; after
2. Understanding and planning for the current and prospective state of archaeological, historic and environmental protection, preservation and education, including recommendations of a recent panel of experts;
3. Adopting an integrated statutory approach to funding and operating SANHPSA parks, archaeology and history investigations and research, while
4. Restoring St. Augustine's historic 1928 trolley car system into an integrated public transportation system serving the VIC/Parking Garage, Downtown, Uptown, Lincolnville, West Augustine, Davis Shores/Anastasia Island, with possible future expansion to Vilano Beach, St. Augustine Beach, Crescent Beach,Marineland, Ponte Vedra, and Palatka, and
5. Creating an "emerald necklace of parks" operated by the National Park Service in and around our Nation's Oldest City, with boundaries to be determined.
(283 words)
12/15/2006
ES draft
Wednesday, December 13, 2006
Does Ebenezer Scrooge's Spirit Haunt the People of St. Augustine, Florida?
See David Brian Wallace's letter to the Editor of the St. Augustine, Record (below).
Haunted by Ghosts of Christmas Past: Read About St. Augustine's Own Ebeneeezer Scrooges
Letter: 'Tis the season to afflict the comfortable
David Brian Wallace
St. Augustine
Publication Date: 12/12/06
'Tis the season to afflict the comfortable
Editor: Wouldn't the unreformed Charles Dickens character Ebenezer Scrooge ("A Christmas Carol") be good company for local "characters" who:
1. Excoriate and insult the homeless, instead of working to provide housing and employment? "Are there no workhouses, no jails?" Christianity or "no room at the inn" meanness and insensitivity?
2. "Take paradise and put up a (ugly, massive, four-story, under used) parking lot" where Fred Francis' last will gave us ball fields?
3. Frame unjust laws, eject St. George Street artists, circumvent a federal court order to prevent future bridge Rainbow flags?
4. Try to rip-off the charter and home of the American Legion?
5. Bulldoze Cooksey's Campground, the Fleeman tract, and other natural beauty for land-raping and profiteering (as if we needed more unsold ugly housing and strip malls)?
6. Deny firemen promised pay raises (for more taxes), then claim firemen already got their raises?
7. Refuse to discuss a living wage law (after a Canadian billionaire took away tourism workers' hours, wages and benefits), saying "we have no oar in that water?"
8. Charge exorbitant rent to local small businesses, making them waste money on improvements, then ejecting them in favor of more ugly T-shirt shops?
9. Sue in the name of uninformed out-of-state "clients" asking to evict tenants buying a house, to punish them for criticizing a Realtor?
10. Mock concerned citizens who speak in public meetings to punish them for questioning errant officials?
11. Attack citizens reporting illegalities to federal and state authorities to chill free speech rights?
12. Dump 30 million pounds from the old dump into the Old City Reservoir (recommended fine over $46,000 for "serious" violations, "lack of good faith")?
Click here to return to story:
http://staugustine.com/stories/121206/opinions_4262250c.shtml
© The St. Augustine Record
David Brian Wallace
St. Augustine
Publication Date: 12/12/06
'Tis the season to afflict the comfortable
Editor: Wouldn't the unreformed Charles Dickens character Ebenezer Scrooge ("A Christmas Carol") be good company for local "characters" who:
1. Excoriate and insult the homeless, instead of working to provide housing and employment? "Are there no workhouses, no jails?" Christianity or "no room at the inn" meanness and insensitivity?
2. "Take paradise and put up a (ugly, massive, four-story, under used) parking lot" where Fred Francis' last will gave us ball fields?
3. Frame unjust laws, eject St. George Street artists, circumvent a federal court order to prevent future bridge Rainbow flags?
4. Try to rip-off the charter and home of the American Legion?
5. Bulldoze Cooksey's Campground, the Fleeman tract, and other natural beauty for land-raping and profiteering (as if we needed more unsold ugly housing and strip malls)?
6. Deny firemen promised pay raises (for more taxes), then claim firemen already got their raises?
7. Refuse to discuss a living wage law (after a Canadian billionaire took away tourism workers' hours, wages and benefits), saying "we have no oar in that water?"
8. Charge exorbitant rent to local small businesses, making them waste money on improvements, then ejecting them in favor of more ugly T-shirt shops?
9. Sue in the name of uninformed out-of-state "clients" asking to evict tenants buying a house, to punish them for criticizing a Realtor?
10. Mock concerned citizens who speak in public meetings to punish them for questioning errant officials?
11. Attack citizens reporting illegalities to federal and state authorities to chill free speech rights?
12. Dump 30 million pounds from the old dump into the Old City Reservoir (recommended fine over $46,000 for "serious" violations, "lack of good faith")?
Click here to return to story:
http://staugustine.com/stories/121206/opinions_4262250c.shtml
© The St. Augustine Record
Sunday, December 10, 2006
Ideas Have Consequences....Keep Asking Questions!
Ideas Have Consequences....
As my Georgetown Political Theory Professor, Jose Sorzano (later Deputy UN under the recently departed UN Ambassador to Jeane Kilpatrick) taught, "ideas have consequences."
I was reminded of that this morning upon reading the kind letter from Senior Special Agent Robert E. Tyndall (Retired) and the column by U.S. Department of Labor Chief Administrative Law Judge Nahum Litt (Retired), and Friday's letter from Hanford, Washington whistleblower Ed Bricker and last Sunday's column by Ms. Judith Seraphin.
We moved to St. Augustine at the end of the 20th century. I was busy trying cases and zealously representing whistleblowers. Meanwhile, Brian told me after a few months, "it's crooked around here." He was right.
I finally attended my first City Commission meeting in April 2005. I was shocked at how St. Augustine citizens were treated by City Manager WILLIAM B. HARRISS and City Commissioners, the Executive Committee of the clear-cutting overdevelopers in St. Augustine. I asked about abuse of annexations, violations of the Fifteenth Amendment and the Voting Rights Act and refusal to annex West Augustine. In response, City Manager WILLIAM B. HARRISS threatened me with arrest for "disorderly conduct." Welcome to the City of St. Augustine!
I asked questions then and I ask them to this day, much to the chagrin and annoyance of City Manager WILLIAM B. HARRISS ex-Mayor GEORGE GARDNER, new Mayor JOSEPH LEROY BOLES, JR., Vice Mayor DONALD CRICHLOW, ex-Vice Mayor SUSAN BURK and Commissioner ERROL JONES.
In May 2005, I sked about discriminatory treatment of Gay people on Bridge of Lions flag-flying. Commissioners voted against equality, 3-2, on May 23, 2005. Fourteen days later, United States District Judge Henry Lee Adams, Jr. ruled for the St. Augustine Pride Committee -- Equality Florida lawyer Karen Doering's arguments were persuasive and the City's pretexts were not worthy of belief, ordering the Rainbow flags flown on BOL from June 7-13, 2005.
Undeterred, three bigoted Commissioners voted June 13, 2005 to ban all but government flag-flying on our bridge, ending the public forum.
Then four Commissioners voted January 9, 2006 to allow controversial New York ex-lawyer ROBERT MICHAEL GRAUBARD to build a strip mall and condos where there is a 3000-4000 indigenous Indian village, ignoring concerns about archaeology, history, drainage, flooding and clear-cutting (see below).
Then on February 24, 2006, I reported our City's illegal dumping to the federal government, resulting in a proposed FDEP $47,248 fine (not announced until after the 2006 elections)(see below).
A recipient of campaign contribution largesse from controversial clear-cutting overdeveloper ROBERT MICHAEL GRAUBARD,
our St. Augustine soon-to-be-ex-Mayor GEORGE GARDNER attacked me publicly on November 13, 2006, at the last City Commission meeting over which he presided as Mayor, lambasting me for asking (unanswered) questions. (GARDNER will now be just another Commissioner, already announcing he won't run again in two years)(see below).
On November 19, the St. Augustine Record editorial defended me against GARDNER and his attack (see below), intended to chill free speech.
Then two of the Mayor's entourage -- an ex-Bush environmental advisor now implanted by Commission appointment on our PZB, and our City archaeologist's spouse, both attacked me, and Ms. Seraphin defended me.
Now the former CALJ of USDOL (1979-1995), a former federal lawman and a Hanford whistleblower have all three told the truth to power, explaining who I am to those who thought they could "run me out of town" (actual quote from "anonymous" St. Augustine Record "Talk of the Town" website postings, some of which were by City Commissioners, managers and their entourages, earlier this year).
As Senior Special Agent Robert E. Tyndall (Retired) put it best, public officials who attack critics "demand to be investigated."
The idea that you can be a tinpot Napoleon and ride roughshod over peoples rights any longer -- in what St. Augustine Record reporter Peter Guinta described (in Editor & Publisher Magazine) as a "small but cosmopolitan city" -- has consequences.
St. Augustinians are fed up with the self-aggrandizing narcissists who run for City Commissioner and have no ideas, no inspiration and no respect for history, environment or people -- serving only the developers who feed their ca campaign kitties.
Today's NY Times Magazine has an excellent feature on the ideas of 2006, including "sousveillance," the idea that the public is watching government officials. It also discussed the idea that people are more honest when they believe they're being watched (discussed under "Eyes of Honesty, The"). America's Founders sincerely believed both these ideas and they are enshrined in the Constitution, Bill of Rights and Federalist Papers.
City Hall, the eyes of St. Augustine are upon you and we've got you under "sousveillance." Not only is everyone in the City of St. Augustine now paying attention to what once-unaccountable Commissioners are doing, they're watching them on TV (tomorrow night at 5 PM on cable channel 3).
They're talking about them at work the next day. More interesting than football, with real impact on peoples' lives, for good or evil.
In fact, as thousands have done since this blog began in April 2006, "the whole world is watching" the August City Manager and Commissioners of the City of St. Augustine, Florida.
Like former President Bill Clinton, "I still believe in a place called Hope." I believe:
1. Our questions will be answered.
2. Diverse people are united in wanting to Clean Up our City of St. Augustine, Florida.
3. Our environment will be preserved.
4. Clear-cutting by developers can be halted and regulated.
5. Parks will be designated, including a St. Augustine National Historical Park and National Seashore (SANHPS)(see below).
6. Our Nation's Oldest City will be preserved.
7. Our City government will serve "just us folks," or it will be replaced, with as many as twelve City Charter Amendments and reform candidates to choose from.
City Commissioners may lead, follow, or get out of the way.
As Ms. Judith Seraphin says (see below), in words of President Harry S Truman, "if you can't stand the heat, get out of the kitchen."
As Mr. Tyndall says (below), "The First Amendment is not dead yet."
In the immortal words of Thomas Jefferson, "I have sworn upon the altar of Almighty God enteral hostility against every form of tyranny over the mind of [humankind]."
Tomorrow night is another City Commission meeting.
It is a golden opportunity for our new Mayor, JOSEPH LEROY BOLES, JR., to show us what kind of a leader he intends to be: will he assure everyone "a seat at the table?" (See below). Or is he another person who makes promises, only to forget them?
Tomorrow night's meeting is also yet another opportunity for "we, the people," to ask our leaders questions.
As WOR radio talk show host, North Carolina native and onetime Congressional candidate Barry Farber always ended his New York radio broadcasts (heard in 38 states), "keep asking questions!"
As my Georgetown Political Theory Professor, Jose Sorzano (later Deputy UN under the recently departed UN Ambassador to Jeane Kilpatrick) taught, "ideas have consequences."
I was reminded of that this morning upon reading the kind letter from Senior Special Agent Robert E. Tyndall (Retired) and the column by U.S. Department of Labor Chief Administrative Law Judge Nahum Litt (Retired), and Friday's letter from Hanford, Washington whistleblower Ed Bricker and last Sunday's column by Ms. Judith Seraphin.
We moved to St. Augustine at the end of the 20th century. I was busy trying cases and zealously representing whistleblowers. Meanwhile, Brian told me after a few months, "it's crooked around here." He was right.
I finally attended my first City Commission meeting in April 2005. I was shocked at how St. Augustine citizens were treated by City Manager WILLIAM B. HARRISS and City Commissioners, the Executive Committee of the clear-cutting overdevelopers in St. Augustine. I asked about abuse of annexations, violations of the Fifteenth Amendment and the Voting Rights Act and refusal to annex West Augustine. In response, City Manager WILLIAM B. HARRISS threatened me with arrest for "disorderly conduct." Welcome to the City of St. Augustine!
I asked questions then and I ask them to this day, much to the chagrin and annoyance of City Manager WILLIAM B. HARRISS ex-Mayor GEORGE GARDNER, new Mayor JOSEPH LEROY BOLES, JR., Vice Mayor DONALD CRICHLOW, ex-Vice Mayor SUSAN BURK and Commissioner ERROL JONES.
In May 2005, I sked about discriminatory treatment of Gay people on Bridge of Lions flag-flying. Commissioners voted against equality, 3-2, on May 23, 2005. Fourteen days later, United States District Judge Henry Lee Adams, Jr. ruled for the St. Augustine Pride Committee -- Equality Florida lawyer Karen Doering's arguments were persuasive and the City's pretexts were not worthy of belief, ordering the Rainbow flags flown on BOL from June 7-13, 2005.
Undeterred, three bigoted Commissioners voted June 13, 2005 to ban all but government flag-flying on our bridge, ending the public forum.
Then four Commissioners voted January 9, 2006 to allow controversial New York ex-lawyer ROBERT MICHAEL GRAUBARD to build a strip mall and condos where there is a 3000-4000 indigenous Indian village, ignoring concerns about archaeology, history, drainage, flooding and clear-cutting (see below).
Then on February 24, 2006, I reported our City's illegal dumping to the federal government, resulting in a proposed FDEP $47,248 fine (not announced until after the 2006 elections)(see below).
A recipient of campaign contribution largesse from controversial clear-cutting overdeveloper ROBERT MICHAEL GRAUBARD,
our St. Augustine soon-to-be-ex-Mayor GEORGE GARDNER attacked me publicly on November 13, 2006, at the last City Commission meeting over which he presided as Mayor, lambasting me for asking (unanswered) questions. (GARDNER will now be just another Commissioner, already announcing he won't run again in two years)(see below).
On November 19, the St. Augustine Record editorial defended me against GARDNER and his attack (see below), intended to chill free speech.
Then two of the Mayor's entourage -- an ex-Bush environmental advisor now implanted by Commission appointment on our PZB, and our City archaeologist's spouse, both attacked me, and Ms. Seraphin defended me.
Now the former CALJ of USDOL (1979-1995), a former federal lawman and a Hanford whistleblower have all three told the truth to power, explaining who I am to those who thought they could "run me out of town" (actual quote from "anonymous" St. Augustine Record "Talk of the Town" website postings, some of which were by City Commissioners, managers and their entourages, earlier this year).
As Senior Special Agent Robert E. Tyndall (Retired) put it best, public officials who attack critics "demand to be investigated."
The idea that you can be a tinpot Napoleon and ride roughshod over peoples rights any longer -- in what St. Augustine Record reporter Peter Guinta described (in Editor & Publisher Magazine) as a "small but cosmopolitan city" -- has consequences.
St. Augustinians are fed up with the self-aggrandizing narcissists who run for City Commissioner and have no ideas, no inspiration and no respect for history, environment or people -- serving only the developers who feed their ca campaign kitties.
Today's NY Times Magazine has an excellent feature on the ideas of 2006, including "sousveillance," the idea that the public is watching government officials. It also discussed the idea that people are more honest when they believe they're being watched (discussed under "Eyes of Honesty, The"). America's Founders sincerely believed both these ideas and they are enshrined in the Constitution, Bill of Rights and Federalist Papers.
City Hall, the eyes of St. Augustine are upon you and we've got you under "sousveillance." Not only is everyone in the City of St. Augustine now paying attention to what once-unaccountable Commissioners are doing, they're watching them on TV (tomorrow night at 5 PM on cable channel 3).
They're talking about them at work the next day. More interesting than football, with real impact on peoples' lives, for good or evil.
In fact, as thousands have done since this blog began in April 2006, "the whole world is watching" the August City Manager and Commissioners of the City of St. Augustine, Florida.
Like former President Bill Clinton, "I still believe in a place called Hope." I believe:
1. Our questions will be answered.
2. Diverse people are united in wanting to Clean Up our City of St. Augustine, Florida.
3. Our environment will be preserved.
4. Clear-cutting by developers can be halted and regulated.
5. Parks will be designated, including a St. Augustine National Historical Park and National Seashore (SANHPS)(see below).
6. Our Nation's Oldest City will be preserved.
7. Our City government will serve "just us folks," or it will be replaced, with as many as twelve City Charter Amendments and reform candidates to choose from.
City Commissioners may lead, follow, or get out of the way.
As Ms. Judith Seraphin says (see below), in words of President Harry S Truman, "if you can't stand the heat, get out of the kitchen."
As Mr. Tyndall says (below), "The First Amendment is not dead yet."
In the immortal words of Thomas Jefferson, "I have sworn upon the altar of Almighty God enteral hostility against every form of tyranny over the mind of [humankind]."
Tomorrow night is another City Commission meeting.
It is a golden opportunity for our new Mayor, JOSEPH LEROY BOLES, JR., to show us what kind of a leader he intends to be: will he assure everyone "a seat at the table?" (See below). Or is he another person who makes promises, only to forget them?
Tomorrow night's meeting is also yet another opportunity for "we, the people," to ask our leaders questions.
As WOR radio talk show host, North Carolina native and onetime Congressional candidate Barry Farber always ended his New York radio broadcasts (heard in 38 states), "keep asking questions!"
Letter: Slavin's work "saved" life of U.S. special agent
Letter: Slavin's work "saved" life of U.S. special agent
Publication Date: 12/10/06
Editor: I applaud your newspaper for defending Ed Slavin and the First Amendment. I could have told you that Ed is "brilliant." I am a retired former FBI Special Agent, and former senior Special Agent for both the HUD and EPA Inspectors General. One Sherman Antitrust case I supervised had 36 "defense" attorneys as my adversaries so I've known a lot of attorneys.
Late in my career, I would not and could not sign my name to a report that resulted in a cover-up of major criminal wrongdoing by highly placed EPA officials. I was left with no choice but to file an environmental whistleblower case. Other than Ed Slavin, I was encouraged to persist only by my wife, Lynda, Congressman John Dingell's office (whose investigator referred me to Ed Slavin), and then-journalist Tony Snow. Ed completely documented EPA's attempted cover-up of $100 million in acid rain research fraud, conflicts of interest, waste and abuse.
Ed represented me in my U.S. DOL environmental whistleblower case against EPA and its inspector general, winning a precedent-setting case that protected future environmental investigators' rights, reversing two DOL judges.
Ed has always been a fighter, especially against an unresponsive judiciary who cares little about ruined careers.
The unrelenting stress the EPA subjected me to nearly took my life. Thus, Ed's work was truly a life-saver. As a result of Ed's so-called "overzealous" work, the EPA IG abruptly resigned in December 1996, following a history of harassing whistleblowers.
Public officials, who retaliate against citizens for questioning their actions demand to be investigated. Public jobs belong to the "people" -- the occupant of such office is a trustee; a custodian -- always. We have forfeited our "rights" when we refer to the government as "them." No, never. It is "We" the people. Trust me, Ed Slavin is not for sale. The First Amendment is not dead, yet.
Robert E. Tyndall
Senior Special Agent (Retired)
FBI, HUD & EPA
Williamsburg, Va.
Click here to return to story:
http://staugustine.com/stories/121006/opinions_425497d.shtml
© The St. Augustine Record
Publication Date: 12/10/06
Editor: I applaud your newspaper for defending Ed Slavin and the First Amendment. I could have told you that Ed is "brilliant." I am a retired former FBI Special Agent, and former senior Special Agent for both the HUD and EPA Inspectors General. One Sherman Antitrust case I supervised had 36 "defense" attorneys as my adversaries so I've known a lot of attorneys.
Late in my career, I would not and could not sign my name to a report that resulted in a cover-up of major criminal wrongdoing by highly placed EPA officials. I was left with no choice but to file an environmental whistleblower case. Other than Ed Slavin, I was encouraged to persist only by my wife, Lynda, Congressman John Dingell's office (whose investigator referred me to Ed Slavin), and then-journalist Tony Snow. Ed completely documented EPA's attempted cover-up of $100 million in acid rain research fraud, conflicts of interest, waste and abuse.
Ed represented me in my U.S. DOL environmental whistleblower case against EPA and its inspector general, winning a precedent-setting case that protected future environmental investigators' rights, reversing two DOL judges.
Ed has always been a fighter, especially against an unresponsive judiciary who cares little about ruined careers.
The unrelenting stress the EPA subjected me to nearly took my life. Thus, Ed's work was truly a life-saver. As a result of Ed's so-called "overzealous" work, the EPA IG abruptly resigned in December 1996, following a history of harassing whistleblowers.
Public officials, who retaliate against citizens for questioning their actions demand to be investigated. Public jobs belong to the "people" -- the occupant of such office is a trustee; a custodian -- always. We have forfeited our "rights" when we refer to the government as "them." No, never. It is "We" the people. Trust me, Ed Slavin is not for sale. The First Amendment is not dead, yet.
Robert E. Tyndall
Senior Special Agent (Retired)
FBI, HUD & EPA
Williamsburg, Va.
Click here to return to story:
http://staugustine.com/stories/121006/opinions_425497d.shtml
© The St. Augustine Record
Column: It was the Tennessee court, and not Slavin, that overstepped bounds
It was the Tennessee court, and not Slavin, that overstepped bounds
NAHUM LITT
New Smyrna Beach
Publication Date: 12/10/06
The statements in a letter (Nov. 26) about "findings" of the Supreme Court of Tennessee about the disbarment of Ed Slavin, a St. Augustine resident, must be taken with more than a grain of salt. Readers can form their own conclusions about fairness and justice in a case involving free speech rights of whistle blowers.
First, this case was heard by a three-person tribunal appointed to sort out the charges and evaluate the evidence presented, particularly taking into account whether the testimony of the witnesses could be believed. One of the principle determinations of such a trial tribunal is the demeanor of the witnesses and it seldom that such a determination is challenged or overturned. That tribunal unanimously found that almost all of the evidence submitted, and particularly that of the current chief administrative law judge at the Department of Labor, was not credible. It similarly found that other complaints were not substantiated. It then determined that while Mr. Slavin was certainly outspoken, he was not guilty of most of the allegations. It recommended a slap on the wrist, a private reprimand for one minor violation.
The case then took an unusual turn in that it was appealed. Few such cases are ever appealed. And, lo and behold, the Tennessee Supreme court hand-picked as chancellor to "review" the matter, solely by chance we assume, turned out to be the son of a man who had been attacked and unmasked 20 years earlier by Mr. Slavin as taking gratuities as the purchasing agent for Anderson County, Tenn. (Oak Ridge). Mr. Slavin was represented in his own case by the same attorney who had been the county attorney who cross-examined this "impartial" Chancellor's father. Nothing wrong with "me" hearing the case he found and he then recommended suspending Mr. Slavin for three years ñ overturning the fact finding tribunal's findings of fact and making determinations that had been found wrong and factually inaccurate. The Tennessee Supreme Court found that this "impartial" chancellor committed no error, was correct in not recusing himself, and adopted his findings of fact as their own despite the fact that they were an appellate body and the facts before them were only those found by the fact-finding tribunal. That court then magnanimously reduced the suspension to two years. Remember, the Tennessee court's fact-finding body had thrown out all the "evidence." Then the Tennessee Supreme court disbarred Mr. Slavin without a trial, in absentia.
Now what were Mr. Slavin's alleged "failings?" He complained the Department of Labor has failed to enforce almost all of the labor protective positions it is charged to enforce, has spent years deciding workers' cases that were supposed to have final decisions within 90 days, and had so-called "review boards" deliberately sit on cases for over five years.
Mr. Slavin complained on behalf of his clients that they were entitled to decisions that could be appealed to courts, and that the delays were deliberate and unconscionable. There is ample evidence to support both charges, including that many of the delays were ordered by political appointees.
As far as being banned by the chief administrative law judge at the Department of Labor, all that required was referral to one of his other administrative law judges for a decision (no trial). I am sure you can draw your own conclusions as to the fairness of the process. Mr. Slavin was one of the few advocates of whistle blowers who did not demand large retainers in advance and took cases that only St. Jude would entertain.
Mr. Slavin can be both outspoken and annoying. He is opinionated and is not loved by everyone, but he has a right to his views, and free speech is more than sufficiently important to nurture and protect even when it difficult to like the person availing himself of the privilege.
What Tennessee and the Department of Labor did was get rid of a qualified advocate who was outspoken about the failings of the system and those who administered that system. It was they who have eroded the public confidence in the judicial system.
St. Augustine officials should listen respectfully and answer his questions about environmental crimes and other subjects.
Nahum Litt is a retired chief administrative law Judge, U.S. Department of Labor (retired)
Click here to return to story:
http://staugustine.com/stories/121006/opinions_4257505.shtml
© The St. Augustine Record
NAHUM LITT
New Smyrna Beach
Publication Date: 12/10/06
The statements in a letter (Nov. 26) about "findings" of the Supreme Court of Tennessee about the disbarment of Ed Slavin, a St. Augustine resident, must be taken with more than a grain of salt. Readers can form their own conclusions about fairness and justice in a case involving free speech rights of whistle blowers.
First, this case was heard by a three-person tribunal appointed to sort out the charges and evaluate the evidence presented, particularly taking into account whether the testimony of the witnesses could be believed. One of the principle determinations of such a trial tribunal is the demeanor of the witnesses and it seldom that such a determination is challenged or overturned. That tribunal unanimously found that almost all of the evidence submitted, and particularly that of the current chief administrative law judge at the Department of Labor, was not credible. It similarly found that other complaints were not substantiated. It then determined that while Mr. Slavin was certainly outspoken, he was not guilty of most of the allegations. It recommended a slap on the wrist, a private reprimand for one minor violation.
The case then took an unusual turn in that it was appealed. Few such cases are ever appealed. And, lo and behold, the Tennessee Supreme court hand-picked as chancellor to "review" the matter, solely by chance we assume, turned out to be the son of a man who had been attacked and unmasked 20 years earlier by Mr. Slavin as taking gratuities as the purchasing agent for Anderson County, Tenn. (Oak Ridge). Mr. Slavin was represented in his own case by the same attorney who had been the county attorney who cross-examined this "impartial" Chancellor's father. Nothing wrong with "me" hearing the case he found and he then recommended suspending Mr. Slavin for three years ñ overturning the fact finding tribunal's findings of fact and making determinations that had been found wrong and factually inaccurate. The Tennessee Supreme Court found that this "impartial" chancellor committed no error, was correct in not recusing himself, and adopted his findings of fact as their own despite the fact that they were an appellate body and the facts before them were only those found by the fact-finding tribunal. That court then magnanimously reduced the suspension to two years. Remember, the Tennessee court's fact-finding body had thrown out all the "evidence." Then the Tennessee Supreme court disbarred Mr. Slavin without a trial, in absentia.
Now what were Mr. Slavin's alleged "failings?" He complained the Department of Labor has failed to enforce almost all of the labor protective positions it is charged to enforce, has spent years deciding workers' cases that were supposed to have final decisions within 90 days, and had so-called "review boards" deliberately sit on cases for over five years.
Mr. Slavin complained on behalf of his clients that they were entitled to decisions that could be appealed to courts, and that the delays were deliberate and unconscionable. There is ample evidence to support both charges, including that many of the delays were ordered by political appointees.
As far as being banned by the chief administrative law judge at the Department of Labor, all that required was referral to one of his other administrative law judges for a decision (no trial). I am sure you can draw your own conclusions as to the fairness of the process. Mr. Slavin was one of the few advocates of whistle blowers who did not demand large retainers in advance and took cases that only St. Jude would entertain.
Mr. Slavin can be both outspoken and annoying. He is opinionated and is not loved by everyone, but he has a right to his views, and free speech is more than sufficiently important to nurture and protect even when it difficult to like the person availing himself of the privilege.
What Tennessee and the Department of Labor did was get rid of a qualified advocate who was outspoken about the failings of the system and those who administered that system. It was they who have eroded the public confidence in the judicial system.
St. Augustine officials should listen respectfully and answer his questions about environmental crimes and other subjects.
Nahum Litt is a retired chief administrative law Judge, U.S. Department of Labor (retired)
Click here to return to story:
http://staugustine.com/stories/121006/opinions_4257505.shtml
© The St. Augustine Record
Subscribe to:
Posts (Atom)