Sunday, May 21, 2017

SUNSHINE VIOLATION? County Attorney STILL Representing Medical Examiner Who Illegally Shared Michelle O'Connell's Bare Naked Autopsy Photos


ST. JOHNS COUNTY ATTORNEY PATRICK FRANCIS McCORMACK
(Historic City News photo)












Will the FBI, Justice Department and Florida Bar investigate St. Johns County Attorney PATRICK FRANCIS McCORMACK? At 8:59 AM on May 17, 2017, McCORMACK looked me in the eye before the Budget Hearing and falsely claimed that St. Johns County Commissioners "approved" his representation of allegedly malfeasant District 23 Medical Examiner PREDRAG BULIC. In fact, Clerk of Court minutes reflect NO approval. In fact, McCORMACK held individual one-on-one meetings with Commissioners, telling them he was representing BULIC. This is a Sunshine violation, it would appear, and could subject McCORMACK to civil, criminal and administrative investigations from this day forward. Why the estimable County Attorney embroil all five County Commissioners in apparently illegal activity -- a Sunshine violation to effectuate county staff defending BULIC, who is engaged in a continuing coverup of the Michelle O'Connell case, and who allowed Ms. O'Connell's bare naked autopsy photos to remain in the public autopsy file, willfully and recklessly, in apparent violate of the Dale Earnhardt Law. PATRICK McCORMACK lied to me, abused the trust of County Commissioners, and needs to be investigated. Now.

Update: McCORMACK and Commissioners discussed the representation during County Attorney comments at the end of the March 21, 2017 meeting -- no notice was given, and the Clerk of Courts minutes have nothing  about this outrage, with putative approval by four Commissioners (Henry Dean was absent), without giving any indication as to the subject matter.

Sneaking items on County Attorney reports does not constitute "approval."  Sneaky, crooked, nasty County Attorney PATRICK FRANCIS McCORMACK is not to be trusted.  He has no morals.

"An expected administrative complaint?"  "I do not believe there is an actual conflict," McCORMACK said. Malarkey.  The motion was by Chairman JAMES JOHNS, seconded by Commissioner PAUL WALDRON (who did not recall it even coming up at a meeting when I spoke to him this week).

Here's the minutes of the two minute discussion at the SJCBCC meeting, unadorned by any mention of the name of the Medical Examiners (PREDRAG BULIC and FREDERICK HOBIN):


(03/21/17 - 21 - 5:43 p.m.) COUNTY ATTORNEY’S REPORT
McCormack stated that he expected an administrative complaint to be filed against the District 23 medical examiner and/or its current or previous personnel. He requested authorization to represent that matter, and anyone named in the complaint.
(5:45 p.m.) Motion by Johns, seconded by Waldron, carried 4/0, with Dean absent, to authorize the County Attorney to represent the Medical Examiner, District 23, and/or its current or previous personnel, pertaining to the expected administrative complaint. 

Here's the e-mail trail:


-----Original Message-----
From: Ed Slavin
To: pmccormack
Cc: mwanchick
Sent: Mon, May 22, 2017 1:48 pm
Subject: Re: Request No. 2017-221: SUNSHINE VIOLATION, CONFLICT OF INTEREST BY ST. JOHNS COUNTY ATTORNEY? State of Florida v. Dr. PREDRAG BULIC, M.D. before Florida Medical Examiner's Commission



Dear Mr. McCormack:
Please respond today.  Your silence is inculpatory.


With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Ed Slavin
To: pmccormack
Cc: mwanchick
Sent: Mon, May 22, 2017 8:37 am
Subject: Re: Request No. 2017-221: SUNSHINE VIOLATION, CONFLICT OF INTEREST BY ST. JOHNS COUNTY ATTORNEY? State of Florida v. Dr. PREDRAG BULIC, M.D. before Florida Medical Examiner's Commission





To St. Johns County Attorney Patrick Francis McCormack:
1. Why did St. Johns County Board of County Commissioners, you and your staff never provide  documents in response to my May 5, 2017 request No. 2017-221 -- some seventeen (17) days ago?  This is not the first time St. Johns County has violated Open Records customer service standards, the reasonable expectations of probity or our constitutional Right to Know.  Article I, Section 24, Florida Constitution. 
2.  I read the St. Johns County Clerk of Court Records report on your March 21, 2017 flouting of the Florida Sunshine laws and ethics rules.  http://www.sjccoc.us/minrec/minutes/2017/032117mrbcc.pdf ;
3. On March 21, 2017, you, Mr. McCormack, waited in Stealth, until 5:43 pm, after all publicly noticed business was completed, after all non-employee residents had left a meeting that began at 9 AM.  The hour was late, Commissioners were tired and you demurely and deliberately "sought approval" for: 

(a) an undefined legal defense; 

(b) of an inchoate administrative complaint that had not yet been filed against the District 23 Medical Examiner office (not naming the individual employee respondents, the only persons named in the case);

(c.) on a subject never mentioned to Commissioners in your schpiel;

(d) on an item never named on the agenda; 

(e) never naming any individual person, failing to provide notice that the item concerned Dr. Predrag Bulic, Dr. Frederick Hobin or Ms. Michelle O'Connell;  

(f)  without giving any advance notice, or even later notice to anyone (minutes do not include the names of Dr. Predrag Bulic, Dr. Frederick Hobin or Ms. Michelle O'Connell and fail to record what the BCC did that day, or why;

(g) failing to give any advance notice to the Michelle O'Connell family, the Florida Board of Medical Examiners, citizens or the news media (including me);

(h) giving no advance notice at all, and no mention of the names of Dr. Predrag Bulic, Dr. Frederick Hobin or Ms. Michelle O'Connell in the minutes.  



(03/21/17 - 21 - 5:43 p.m.) COUNTY ATTORNEY’S REPORT

McCormack stated that he expected an administrative complaint to be filed against the District 23 medical examiner and/or its current or previous personnel. He requested authorization to represent that matter, and anyone named in the complaint.

(5:45 p.m.) Motion by Johns, seconded by Waldron, carried 4/0, with Dean absent, to authorize the County Attorney to represent the Medical Examiner, District 23, and/or its current or previous personnel, pertaining to the expected administrative complaint. 








4. Why, Patrick?
5. Please respond immediately, in writing.
6. Please call me to discuss what you and St. Johns County administration will be doing today to repair the damage that you have done to our democracy.
7. When will BCC be scheduling this matter for an open public hearing and reconsideration of the County's representation of Dr. Bulic?  (Dr. Hobin has hired his own lawyer).

Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Ed Slavin
To: pmccormack
Cc: mwanchick
Sent: Fri, May 19, 2017 8:59 am
Subject: Re: Request No. 2017-221: SUNSHINE VIOLATION, CONFLICT OF INTEREST BY ST. JOHNS COUNTY ATTORNEY? State of Florida v. Dr. PREDRAG BULIC, M.D. before Florida Medical Examiner's Commission


To St. Johns County Attorney Patrick Francis McCormack:
1. Y
ou never provided documents on the putative St. Johns County Board of County Commissioners (BoCC) "approval" of your office's legal representation of District 23 Medical Examiner Dr. PREDRAG BULIC, M.D., in a disciplinary action before the Florida Board of Medical Examiners, involving his alleged misconduct in the handling of the Michelle O'Connell investigation.  
2. Why?   
3. I have been waiting for a fortnight for records, since May 5, 2017. 
4. Do I understand correctly that you as County Attorney "told" St. Johns County Commissioners that you were representing Dr. BULIC before FBME?  Is that correct?    
5. There was never any vote by SJCBCC, hence no "approval," is that correct?   
6. Did you hold five (5) separate meetings -- with all five St. Johns County Commissioners -- on this representation, thereby violating our Florida Sunshine law?  
7. Did you speak to each Commissioner individually about your legal representation of Dr. PREDRAG BULIC, M.D. before the Florida Medical Examiners Commission?  Please provide today any documents on these ex parte contacts. 
8. Florida court decisions and Florida Attorney General opinions forbid staff "polling" members of collegial bodies to violate, avoid, evade and eliminate our constitutional right to public meetings and Government in the Sunshine.  Any such illegal "polling" violates Florida Sunshine laws. It appears that your "polling" SJCBCC members individually constitutes an illegal meeting and a violation of Florida's strong Sunshine law:

See also Florida AG Sunshine Manual, pages 19-21:  
9. What if a Sunshine prosecution or lawsuit were to be brought: how would St. Johns County Commissioners ever defend their actions, after you embroiled them in "polling?"
10. How would you provide a legal defense for a potential violation for all five County Commissioners on the apparent Sunshine violation --  a violation you caused?
11. Will you kindly place on the agenda of the next County Commission meeting for public discussion Dr. PREDRAG BULIC's status -- including his advertising private autopsy services on the Internet, giving his county address and telephone number?
12. Please cease and desist from all Sunshine violations from this day forward and provide training for all staff and Commissioners, open to the public.
13. Please make available Dr. BULIC to answer questions at today's Administrator budget hearing -- Dr. BULIC was a no-show on Wednesday and Thursday, May 17 and 18, 2017.  The hearing ends today.
14. Please govern yourself accordingly.
Thank you.

With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998

-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: pmccormack <pmccormack@sjcfl.us>
Sent: Thu, May 18, 2017 8:39 am
Subject: Re: Request No. 2017-221: CONFLICT OF INTEREST BY ST. JOHNS COUNTY ATTORNEY? State of Florida v. Dr. PREDRAG BULIC, M.D. and Dr. FREDERICK HOBIN, M.D., before Florida Medical Examiner's Commission
Dear Mr. McCormack:

Please send me any documentation of St. Johns County Commission approval of your representation of Dr. Bulic, this morning.
If none exists, please so state.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998



-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: pmccormack <pmccormack@sjcfl.us>
Sent: Wed, May 17, 2017 9:43 am
Subject: Re: Request No. 2017-221: CONFLICT OF INTEREST BY ST. JOHNS COUNTY ATTORNEY? State of Florida v. Dr. PREDRAG BULIC, M.D. and Dr. FREDERICK HOBIN, M.D., before Florida Medical Examiner's Commission


Dear Mr. McCormack:
You told me, in person, this morning at 8:59 AM, before the Budget  that County Commission approved your representation of Dr. Bulic, whom you claimed is a county employee (even thought he works for a special district).

Please send me the documentation of County Commission approval of your representation of Dr. Bulic, this morning.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998



-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: bdixon <bdixon@sjcfl.us>; pmccormack <pmccormack@sjcfl.us>; mwanchick <mwanchick@sjcfl.us>
Sent: Wed, May 10, 2017 2:17 pm
Subject: Request No. 2017-221: CONFLICT OF INTEREST BY ST. JOHNS COUNTY ATTORNEY? State of Florida v. Dr. PREDRAG BULIC, M.D. and Dr. FREDERICK HOBIN, M.D., before Florida Medical Examiner's Commission




Dear Mr. McCormack et al:
1. Please answer my questions of May 5, 2017 and kindly ask your putative "clients" to waive any limited temporary "privilege" in any documents. We have a Right to Know about the County Attorney's conflict of interest representation  of both of the respondent medical examiners, by the same County Attorney who has since 2014 been blocking records requests related to the Michelle O'Connell case.
2. Please provide a Vaughn index listing of each of the documents you are withholding.
3. Kindly identify the "civil or criminal litigation" or "adversarial administrative proceedings" in quo. The quoted section states:
A public record that was prepared by an agency attorney (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the interests of the agency having custody of the record) or prepared at the attorney’s express direction, that reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, and that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the conclusion of the litigation or adversarial administrative proceedings. For purposes of capital collateral litigation as set forth in s. 27.7001, the Attorney General’s office is entitled to claim this exemption for those public records prepared for direct appeal as well as for all capital collateral litigation after direct appeal until execution of sentence or imposition of a life sentence.

4. Please call to discuss.  
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998



-----Original Message-----
From: Betty Dixon <bdixon@sjcfl.us>
To: easlavin <easlavin@aol.com>
Cc: Diane Lehmann <dlehmann@sjcfl.us>; Regina Ross <rross@sjcfl.us>
Sent: Wed, May 10, 2017 2:04 pm
Subject: Response/Acknowledgement RE: Request No. 2017-221: CONFLICT OF INTEREST BY ST. JOHNS COUNTY ATTORNEY? State of Florida v. Dr. PREDRAG BULIC, M.D. and Dr. FREDERICK HOBIN, M.D., before Florida Medical Examiner's Commission


Dear Mr. Slavin,
I am writing to acknowledge receipt of the portion of your email below that constitutes a request for public records.  After review, the County has determined that there are records responsive to your request.  However, pursuant to s. 119.071(1)(d)1,F.S., the responsive documents identified are exempt from disclosure at this time.
Thank you,
Betty A. Dixon
Records Management
Office of County Attorney
500 San Sebastian View
St. Augustine, FL. 32084
Office: 904-209-0817
From: Ed Slavin [mailto:easlavin@aol.com]
Sent: Friday, May 05, 2017 5:28 PM
To: Patrick McCormack <pmccormack@sjcfl.us>
Subject: Request No. 2017-221: CONFLICT OF INTEREST BY ST. JOHNS COUNTY ATTORNEY? State of Florida v. Dr. PREDRAG BULIC, M.D. and Dr. FREDERICK HOBIN, M.D., before Florida Medical Examiner's Commission
Dear Mr. McCormack:
1. Are you, as our St. Johns County Attorney, still representing one or both of the respondents in the matter of State of Florida v. Dr. PREDRAG BULIC, M.D. and Dr. FREDERICK HOBIN, M.D., before Florida Medical Examiner's Commission?  On what theory?
2. Have you or anyone on your St. Johns County Attorney staff requested an extension?
3. Please send me any documents on the complaint, your representation and any request for extension.
4. Please provide any controlling legal authority for you to represent Dr. PREDRAG BULIC and Dr. FREDERICK HOBIN in an administrative preceding involving their: 
(a) willfully and recklessly allowing Ms. Michelle O'Connell's bare naked autopsy photographs to be seen by the public, without court order in violation of F.S. 406.135; 
(b) failing to note Ms. O'Connell's broken jaw; and
(c) illegally keeping her autopsy records in a personal residence, including a revised death certificate finding homicide.
If no legal authority exists, please so state.
5. Please provide any Florida Attorney General opinion, Florida Bar opinion, or there legal authorization for you to represent allegedly malfeasant District 23 Medical Examiner (special district physicians) in an administrative proceeding challenging their license and seeking to impose discipline.
6. Why should St. Johns County taxpayers pay for you to defend allegedly malfeasant physicians BULIC and HOBIN in an administrative proceeding before MEC or DOAH?  
7. Why don't or won't they each hire their own counsel?
8. Please explain it to me, like I was a six year old. 
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998












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