Saturday, March 04, 2017

Asking Questions, Demanding Answers, Still Expecting Democracy





I got a lovely e-mail from the St. Augustine City Manager MAX ROYLE's office stating that City ROYLETY, City Manager for Life MAX ROYLE, does not have to answer a single one of my questions under our Florida Open Records Law.
So much for maladroit mendacious public administration by a crotchety cognitive miser in North Flori-DUH.
So much for Southern hospitality.
So much from a personal protective provision in the City Charter requiring supermajority vote to fire him, inapplicable to any future City Manager.
How gauche and louche.
Reminds me of disgraced former St. Augustine City Manager WILLIAM B. HARRISS, who likewise refused to answer questions. Reminds me of what JFK said about Washington, D.C. in the 1950s: "A city of Northern charm and Southern efficiency." Here's my response:


-----Original Message-----
From: Ed Slavin
To: jpwilson ; mroyle ; braddatz
Sent: Sat, Mar 4, 2017 1:05 pm
Subject: URGENT re: Request No. 2017-139: St. Augustine Beach Commissioner or public requests for agenda items during 2017

Dear Messrs. Wilson & Royle and Ms. Raddatz:
1. You have provided no documents and no information on Commissioner or public requests for agenda items during 2017. Why?
2. You then refuse to answer my simple factual question, flippantly flipping me off by citing two AG opinions. Why? Is that your best effort?
3. You're evasive, but at the same time, you demand to amend public comment rules to make them more restrictive, while omitting the subject of residents' public comments from agendas. Do you fear transparency and accountability? What is St. Augustine Beach CIty Manager Max Royle trying to hide?
4. This is viewpoint discrimination in violation of the First Amendment. What other person has SAB ever refused to answer questions from? Where are your manners? Where's your respect for federal and state constitutional rights, including Article I, Section 24?
5. We know there have been requests for agenda items during 2017. Who made them? With what result(s)?
6. Please obtain and send the records and answer the questions.
7. "Democracy Dies in Darkness" is The Washington Post's new motto. "Secrecy is for losers," as Senator Daniel Patrick Moynihan said. Or as Judge Damon Keith wrote for the Sixth Circuit Court of Appeals in Detroit Free Press v. Ashcroft, 303 F.3d 681 (6th Cir. 2002):
Democracies die behind closed doors.   The First Amendment, through a free press, protects the people's right to know that their government acts fairly, lawfully, and accurately in deportation proceedings.   When government begins closing doors, it selectively controls information rightfully belonging to the people.   Selective information is misinformation.   The Framers of the First Amendment “did not trust any government to separate the true from the false for us.” Kleindienst v. Mandel, 408 U.S. 753, 773, 92 S.Ct. 2576, 33 L.Ed.2d 683 (1972) (quoting Thomas v. Collins, 323 U.S. 516, 545, 65 S.Ct. 315, 89 L.Ed. 430 (Jackson, J., concurring)).   They protected the people against secret government.
8. Please place this item on the agenda for the March 6, 2017 meeting for a discussion of the need to avoid secret government.
9. Finally, will you agree to mediation by Florida AAG Pat Gleason re: Max's obstruction of Open Records requests, including this one?
____ Yes
____ No
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com

-----Original Message-----
From: Beverly Raddatz
To: Ed Slavin
Cc: Jim Wilson ; Max Royle
Sent: Fri, Mar 3, 2017 4:53 pm
Subject: RE: Request No. 2017-139: Commissioner or public requests for agenda items during 2017

Mr. Slavin:

After a reasonable review, the City has found no records responsive to your request.

Additionally, under Florida law, the City is not required to give out information from records (Attorney General Opinion 80-57), nor is it required to answer questions regarding records (Attorney General Opinion 92-38). Therefore, the City does not respond to questions about records that are included in public records requests.

Sincerely,

Beverly Raddatz, MMC
City Clerk
City of St. Augustine Beach
2200 A1A South
St. Augustine Beach, FL 32080
(904) 471-2122 FAX (904) 471-4108

Confidentiality Notice: This Email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited, and that you have received this E-Mail and any accompanying files in error. You should notify the City of St. Augustine Beach immediately by replying to this message and deleting them from your system. City of St. Augustine Beach does not accept responsibility for changes to E-Mails that occur after they have been sent.



From: Ed Slavin [mailto:easlavin@aol.com]
Sent: Friday, March 03, 2017 12:44 PM
To: Beverly Raddatz ; Max Royle ; Jim Wilson
Subject: Re: Request No. 2017-139: Commissioner or public requests for agenda items during 2017

Dear Messrs. Wilson & Royle and Ms. Raddatz:
1. Did any Commissioners or citizens request that agenda items be placed on the agenda during 2017?
2. What items did they request?
3. Are there documents on those requests and what, if anything, staff and the Mayor did in response?
4. Please send documents today.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com
https://evidenceplease.files.wordpress.com/2013/07/lion-of-truth.jpg


-----Original Message-----
From: Beverly Raddatz
To: Ed Slavin
Sent: Fri, Mar 3, 2017 11:52 am
Subject: RE: Request No. 2017-139: Commissioner or public requests for agenda items during 2017
Mr. Slavin:

As the public records request is currently phrased, we are unable to identify what you are requesting. Please clarify the documents requested.

Sincerely,

Beverly Raddatz, MMC
City Clerk
City of St. Augustine Beach
2200 A1A South
St. Augustine Beach, FL 32080
(904) 471-2122 FAX (904) 471-4108

Confidentiality Notice: This Email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited, and that you have received this E-Mail and any accompanying files in error. You should notify the City of St. Augustine Beach immediately by replying to this message and deleting them from your system. City of St. Augustine Beach does not accept responsibility for changes to E-Mails that occur after they have been sent.



From: Ed Slavin [mailto:easlavin@aol.com]
Sent: Friday, March 03, 2017 11:35 AM
To: Jim Wilson ; Beverly Raddatz ; Max Royle ; Comm O'Brien ; Comm George ; Comm Snodgrass ; Comm England ; Comm Kostka
Subject: Request No. 2017-139: Commissioner or public requests for agenda items during 2017

Good morning:
Please send me all Commissioner or public requests for agenda items during 2017, and staff or Mayor responses, if any.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com
https://evidenceplease.files.wordpress.com/2013/07/lion-of-truth.jpg





No comments: