Last week, I asked for a copy of the note that passed by School Board and developer lawyer FRANK UPCHURCH III (UPCHURCH, BAILEY & UPCHURCH) to developer lawyer ELLEN AVERY-SMITH (ROGERS TOWERS) during the September 10, 2015 School Board meeting, right before public. I was told it was not about school board business. What's going on here?
Whenever students would pass notes when we were in school, some teachers would seize them and read them. Inspired by those teachers, I have requested the note. I have not yet received it yet. (See below)
The note passing and sequelae raise a question: Why do we have a part-time School Board attorney from a law firm that represents developers and banks? Here's the UPCHURCH, BAILEY AND UPCHURCH client list:
A. D. Davis Construction Company, Inc.
American Culinary Federation, Inc.
Atlantic Dodge Chrysler Jeep, Inc.
Harbor Community Bank (formerly Bank of St. Augustine)
Barnacle Bills, Inc.
Bozard Ford Co.
Camachee Cove Yacht Harbour
DiMare Construction Company
TD Bank (formerly First Federal Bank of North Florida)
Flagler College, Inc. (General Counsel)
Flagler Hospital, Inc.
Hastings Drainage District
Lightner Museum
Maguire Land Corp.
Marine Supply & Oil Company, Inc.
Ameris Bank (formerly Prosperity Bank - General Counsel)
Ring Power Corporation
Sleiman Development Group
Southeast Aero Services, Inc.
St. Augustine Alligator Farm, Inc.
St. Johns County School Board (General Counsel)
St. Johns County Tax Collector
St. Johns County Welfare Federation, Inc.
The Bailey Group
ThompsonBaker Agency, Inc.
University of St. Augustine for Health Sciences (General Counsel)
Wiles Family of Companies, Inc.
-----Original Message-----
From: easlavin
To: joynerj
Cc: fdupchurch
Sent: Fri, Sep 11, 2015 10:32 am
Subject: Request No. 2015-330: Note passed by School Board attorney to Ellen Avery Smith during 9/10 School Board meeting
Dear Dr. Joyner:
1. Please direct your counsel, Mr. Upchurch, to share the note passed during the 9/10 School Board meeting.
2. What School Board policies exist about your counsel giving his/her full attention to Board matters during meetings?
3. What School Board policies exist about avoiding, detecting and deterring conflicts of interest by outside counsel (e.g., representing developers?)
Thank you.
Cordially,
Ed Slavin
www.cleanupcityofstaugustine.blogspot.com
904-377-4998
-----Original Message-----
From: easlavin
To: fdupchurch
Cc: sunshine
Sent: Fri, Sep 11, 2015 10:28 am
Subject: Re: Request No. 2015-330: Note passed by School Board attorney to Ellen Avery Smith during 9/10 School Board meeting
Dear Mr. Upchurch:
1. Please respond to the rest of my e-mail.
2. Please share the secret note that you passed to the developer lawyer from Rogers Towers 9/10 about your developer legal business.
3. Then we'll be done.
Thank you.
Cordially,
Ed Slavin
www.cleanupcityofstaugustine.blogspot.com
904-377-4998
-----Original Message-----
From: Frank Upchurch < fdupchurch@ubulaw.com>
To: easlavin < easlavin@aol.com>; eaverysmith < eaverysmith@rtlaw.com>
Cc: sunshine < sunshine@floridafaf.org>; sceastman < sceastman@folioweekly.com>; judgelitt10 < judgelitt10@gmail.com>; pcanan < pcanan@cananlaw.com>; jimwil03 < jimwil03@yahoo.com>; news < news@historiccity.com>; thomasfreynolds2 < thomasfreynolds2@yahoo.com>; pat.gleason < pat.gleason@myfloridalegal.com>; craig.richardson < craig.richardson@jacksonville.com>; sheldon.gardner < sheldon.gardner@staugustine.com>; jim.sutton < jim.sutton@staugustine.com>; delinda.fogel < delinda.fogel@staugustine.com>; joynerj < joynerj@stjohns.k12.flus>; gardner < gardner@aug.com>; stuart.korfhage < stuart.korfhage@staugustine.com>; jake.martin < jake.martin@staugustine.com>
Sent: Fri, Sep 11, 2015 10:16 am
Subject: Re: Request No.2015-330: Note passed by School Board attorney to Ellen Avery Smith during 9/10 School Board meeting
As to your 1st point , there was a typo I my earlier email. The matter does NOT involve the School Board in any way. Beyond that, I assure you my note did not comment on anyone, much less mock anyone at meeting or otherwise.
Sent from Outlook
_____________________________
From: easlavin@aol.com
Sent: Friday, September 11, 2015 10:00 AM
Subject: Re: Request No.2015-330: Note passed by School Board attorney to Ellen Avery Smith during 9/10 School Board meeting
To: < eaverysmith@rtlaw.com>, Frank Upchurch < fdupchurch@ubulaw.com>
Cc: < sunshine@floridafaf.org>, < sceastman@folioweekly.com>, < news@historiccity.com>, < pcanan@cananlaw.com>, < judgelitt10@gmail.com>, < jimwil03@yahoo.com>, < thomasfreynolds2@yahoo.com>, < pat.gleason@myfloridalegal.com>, < craig.richardson@jacksonville.com>, < sheldon.gardner@staugustine.com>, < jim.sutton@staugustine.com>, < delinda.fogel@staugustine.com>, < joynerj@stjohns.k12.flus>, < gardner@aug.com>, < stuart.korfhage@staugustine.com>, < jake.martin@staugustine.com>
Dear Ms. Smith and Mr. Upchurch:
1. School Board Attorney Frank Upchurch III admits in haec verba that this "does involve the School Board in any way." Ipse dixit.
2. Which private client?
3. On what matter?
4. Why did developer attorney Ellen Avery-Smith laugh?
5. Please share the note.
6. Kindly ask your private client(s) to waive any privilege in your 9/10 note-passing.
7. There is a long custom in the City of St. Augustine of immature City staff city members talking, laughing and mocking public comment speakers.
8. Your actions might have given a similar impression to observers, coming before public comment. Please do not chill free speech rights. See 42 U.S.C. 1983.
9. In the future, our School Board attorney (and his corporate law firm) should not be representing developers.
10. It is an appearance of impropriety and possible conflict of interest given the Board's alleged failure to make developers pay their fair share of new school costs caused by rapid overbuilding of new developments in our County.
11. In the future, the School Board attorney position might grow into a full-time job, or else into an elected full-time position. This might solve that problem.
12. What do you reckon?
Cordially,
Ed Slavin
www.cleanupcityofstaugustine.blogspot.com
904-377-4998
-----Original Message-----
From: Ellen Avery-Smith < eaverysmith@rtlaw.com>
To: Frank Upchurch < fdupchurch@ubulaw.com>; easlavin < easlavin@aol.com>
Cc: pcanan < pcanan@cananlaw.com>; joynerj < joynerj@stjohns.k12.flus>
Sent: Fri, Sep 11, 2015 8:32 am
Subject: RE: Request No.2015-330: Note passed by School Board attorney to Ellen Avery Smith during 9/10 School Board meeting
Frank is correct.
Ellen
Ellen Avery-Smith | Shareholder
Rogers Towers, P.A. | 100 Whetstone Place, Suite 200 | St. Augustine, Florida 32086
Direct 904.825.1615 | Fax 904.825.4070 | eaverysmith@rtlaw.com | www.rtlaw.com
From: Frank Upchurch [mailto:fdupchurch@ubulaw.com]
Sent: Friday, September 11, 2015 8:07 AM
To: easlavin@aol.com
Cc: pcanan@cananlaw.com; Ellen Avery-Smith; joynerj@stjohns.k12.flus
Subject: RE: Request No.2015-330: Note passed by School Board attorney to Ellen Avery Smith during 9/10 School Board meeting
Ed, the note was not a public record. It had nothing with the School Board or School Board business. It had to do with an unrelated private client Ellen is representing in a matter that does involve the School Board in any way. Ellen will confirm.
Frank D. Upchurch III
Upchurch, Bailey & Upchurch, PA
Post Office Drawer 3007
St. Augustine, Florida 32085-3007
Telephone # (904) 829-9066
Fax # (904) 825-4862
Email: fdupchurch@ubulaw.com
Website: www.ubulaw.com
From: easlavin@aol.com [mailto:easlavin@aol.com]
Sent: Thursday, September 10, 2015 5:31 PM
To: eaverysmith@rtlaw.com; joynerj@stjohns.k12.flus; Frank Upchurch
Cc: pcanan@cananlaw.com
Subject: Request No.2015-330: Note passed by School Board attorney to Ellen Avery Smith during 9/10 School Board meeting
Request No.2015-330: Note passed by School Board attorney to Ellen Avery Smith during 9/10 School Board meeting while Tom Reynolds was speaking.
Please send. Thank you
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