St. Augustine Beach Civic Association, not satisfied with a six-month renewal of its lease for an office and garage, is pressuring people to attend tonight's City Commission meeting and urge renewal of its $1/YEAR NO-BID LEASE.
It's also promised $50 as a prize in a questionable lottery, if people write positive comments about SABCA's concerts.
The notion is, we'll promise money to get people to write positive comments, brandish them at City Commission tonight, and get a no-bid $1/year lease renewed, contrary to public policy.
Enough self-dealing and conflict of interest.
The lease should be open to competitive bids, and the successful bidder should be required to pay fair market value, and all utilities.
Otherwise, St. Augustine Beach is subsidizing Mayor Samuels' personal fiefdom, whose leaders have spread racist and anti-GLBT prejudice (hatred of former County Commission Chairman J. Kenneth Bryan and Commissioner Undine Pawlowski-George).
The most basic principle of conflict of interest is that a "person cannot serve two masters." United States v. Mississippi Valley Generating Co., 364 U.S. 520, 548 (1961)(citing Matthew 6:24 -- "no man can serve two masters" -- holding that preventing conflicts of interest is aimed "not only at dishonor but at conduct that tempts dishonor.") As James Madison wrote in The Federalist No. 10: "No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity. With equal, nay with greater reason, a body of men are unfit to be both judges and parties at the same time.” See also In re Murchison, 349 U.S. 133, 136 (1955) (Black, J.) ("[O]ur system of law has always endeavored to prevent even the probability of unfairness. To this end no man can be a judge in his own case and no man is permitted to try cases where he has an interest in the outcome."); TWA v. Civil Aeronautics Board, 102 U.S.App.D.C. 391, 392, 254 F.2d 90, 91 (1958); Spencer v. Lapsley, 20 How. 264, 266 (1858); Publius Syrus, Moral Sayings 51 (D. Lyman transl. 1856) ("No one should be judge in his own cause."); Blaise Pascal, Thoughts, Letters and Opuscules 182 (Wight transl. 1859) ("It is not permitted to the most equitable of men to be a judge in his own cause.").
Is it unethical for Ms. Samuels or others to rule on her “own quarrel?”
As William Blackstone wrote, 1 W. Blackstone, Commentaries on the Laws of England 91, "[I]t is unreasonable that any man should determine his own quarrel,." citing Dr. Bonham's Case, 8 Rep. 114a (C.P. 1610); see also City of London v. Wood, 12 Mod. 669, 687 (1701)(Lord Holt)(invalidating fine for refusal to serve as sheriff recovered by the city in its own court of Mayor and Aldermen). See also Aetna Life Ins. Co. v. Lavoie, 475 U.S. 813 (1986)(overruling case where Chief Justice of Alabama Supreme Court sat in judgment of case that would set precedent for his own pending case); Ward v. Village of Monroeville, 409 U.S. 57 (1972); Gibson v. Berryhill, 411 U.S. 564 (1973); Withrow v. Larkin, 421 U.S. 35 (1975); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583 (D.C. Cir. 1970); American Cyanamid Co. v. FTC, 363 F.2d 757 (6th Cir. 1966); SCA Services, Inc. v. Morgan, 557 F.2d 110 (7th Cir. 1977).
-----Original Message-----
From: easlavin
To: dburnett
Sent: Mon, Aug 3, 2015 3:18 pmSubject: SABCA can afford to pay rent -- see SABCA IRS FORM 990; Ethics questions about High Pressure Tactics and $50 Lottery to Solicit Support for No-Bid Lease (eight cents per month for twelve years)
Dear Mayor, Commissioners and Messrs. Royle and Burnett:
1. SABCA can afford to pay rent -- eight cents rent per month for the last twelve years is unacceptable.
2. SABCA even pays putative "volunteers."
3. SABCA owns real estate.
4. SABCA has tens of thousands of dollars in assets
5. SAB City Commission would breach fiduciary duty to continue renting space to a 501c4 for eight cents per month.
6. Is it legal for SABCA to solicit supportive comments with a $50 lottery?
7. How would it appear in The New York Times?
8. Is this how SAB wishes to be known?
9. 
9. St. Augustine Beach Civic Association, not satisfied with a six-month renewal of its lease for an office and garage, is pressuring people to attend tonight's City Commission meeting and urge renewal of its $1/YEAR NO-BID LEASE.
10. It's also promised $50 as a prize in a questionable lottery, if people write positive comments about SABCA's concerts.
11. The notion is, we'll promise money to get people to write positive comments, brandish them at City Commission tonight, and get a no-bid $1/year lease renewed, contrary to public policy.
12. Enough self-dealing and conflict of interest.
13. The lease should be open to competitive bids, and the successful bidder should be required to pay fair market value, and all utilities.
14. Otherwise, St. Augustine Beach is subsidizing Mayor Samuels' personal fiefdom, whose leaders have spread racist and anti-GLBT prejudice (hatred of former County Commission Chairman J. Kenneth Bryan and Commissioner Undine Pawlowski-George).
15 . The most basic principle of conflict of interest is that a "person cannot serve two masters." United States v. Mississippi Valley Generating Co ., 364 U.S. 520, 548 (1961)(citing Matthew 6:24 -- "no man can serve two masters" -- holding that preventing conflicts of interest is aimed "not only at dishonor but at conduct that tempts dishonor.") As James Madison wrote in The Federalist No. 10: "No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity. With equal, nay with greater reason, a body of men are unfit to be both judges and parties at the same time.” See also In re Murchison , 349 U.S. 133, 136 (1955) (Black, J.) ("[O]ur system of law has always endeavored to prevent even the probability of unfairness. To this end no man can be a judge in his own case and no man is permitted to try cases where he has an interest in the outcome."); TWA v. Civil Aeronautics Board , 102 U.S.App.D.C. 391, 392, 254 F.2d 90, 91 (1958); Spencer v. Lapsley , 20 How. 264, 266 (1858); Publius Syrus, Moral Sayings 51 (D. Lyman transl. 1856) ("No one should be judge in his own cause."); Blaise Pascal, Thoughts, Letters and Opuscules 182 (Wight transl. 1859) ("It is not permitted to the most equitable of men to be a judge in his own cause.").
16. Is it unethical for Ms. Samuels or others to rule on her “own quarrel?”
17. As William Blackstone wrote, 1 W. Blackstone, Commentaries on the Laws of England 91, "[I]t is unreasonable that any man should determine his own quarrel,." citing Dr. Bonham's Case, 8 Rep. 114a (C.P. 1610); see also City of London v. Wood, 12 Mod. 669, 687 (1701)(Lord Holt)(invalidating fine for refusal to serve as sheriff recovered by the city in its own court of Mayor and Aldermen). See also Aetna Life Ins. Co. v. Lavoie, 475 U.S. 813 (1986)(overruling case where Chief Justice of Alabama Supreme Court sat in judgment of case that would set precedent for his own pending case); Ward v. Village of Monroeville, 409 U.S. 57 (1972); Gibson v. Berryhill, 411 U.S. 564 (1973); Withrow v. Larkin, 421 U.S. 35 (1975); Cinderella Career and Finishing Schools, Inc. v. FTC, 425 F.2d 583 (D.C. Cir. 1970); American Cyanamid Co. v. FTC, 363 F.2d 757 (6th Cir. 1966); SCA Services, Inc. v. Morgan, 557 F.2d 110 (7th Cir. 1977).
18. As my grandmother would say, "Kindly drop the oyster and leave the wharf."
19. Please put the lease up for bid.
20. Please call to discuss.
With kindest regards,
Ed Slavin
904-377-4998
1 comment:
I have been a member/volunteer with the St.Augustine Beach Civic Association for years.We have done great,charitable work,and improved the community...until the leadership changed to a Evil Dictatorship.
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