July 16, 2024 update: Three of six lawyers in the St. Johns County Attorney's office are gone, replaced by the "friend" of Commissioner ROY ALYRE ALAIMO, JR., hired unanimously by our all-Republican Commissioners without a job application, a background check, an interview or references. Still no answers to my September 2023 budget questions. On July 16, I reminded our somnolent solemn County Commissioners. Not one of the five Republican officeholders ever deigned to discuss the issue, or to ask a question or to ask that my questions be answered. County Administrator JOY ADAMS and her henchmen were silent. "Willful blindness?"
May 16, 2024 update: New budget cycle for Fiscal Year 2024 is beginning, but self-satisfied somnambulistic St. Johns County satraps still have not answered the 104 budget questions I posed on September 5 & 19, 2024, avoiding and evading any answers to date.
One-party rule is wrong, and results in corruption, fraud, waste and abuse, including $786,785 in embezzlement in Sheriff's Dept. over five years and guilty plea criminal conviction of a County Commission Chair for bribery.
Enough.
October 30, 2023: Still waiting for list of redactions and requests for information on why it took fifty (50) days to provide twelve depositions. It's our money. Enough delay and desuetude.
October 10, 2023 Update: Finally received twelve (12) depositions. Asked County why it took so long. Asked County for Vaughn index to redactions. More later.
October 7, 2023 Update: Not one (1) of some twelve (12) depositions requested on August 21, 2023, some 47 days ago, have been received yet.
St. Johns County violates our Open Records law, every single day. Systemic sloth and torpor are a violation of our Florida Open Records law, which requires prompt production of our public records.
Rev. Dr. Martin Luther King, Jr called St. Johns County the "most lawless" place in America.
Still true?
You tell me.
Ask their orotund obstructionist current counsel:
DAVID MICHAEL MIGUT, FLORIDA BAR NO. 516336.
David Michael Migut
513636
St. Johns County
500 San Sebastian Vw
Saint Augustine, FL 32084-8686
Office: 904-209-0805
Fax: 904-209-0806
https://www.floridabar.org/mybarprofile/513636
Saint Johns
07
10/01/2001
None
University of Florida, Fredric G. Levin College of Law, 2001
| Area | Year |
|---|---|
| City, County and Local Government Law | 2007 |
City, County & Local Govt Law
Government Lawyer
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court, Middle District of Florida
U.S. District Court, Northern District of Florida
U.S. District Court, Southern District of Florida
Florida
Illinois
September 28, 2023 Update: Waiting to hear back from County Commissioner inquiring about County's delays, sloth and torpor on my request for twelve depositions in SJC v. CARR, RIGGS & INGRAM professional negligence case, involving longtime auditor's failure to detect Sheriff's Finance Officer RAYE BRUTNELL's embezzlement of $786,785 over five (5) years.
First our County Attorney's office lied and said case was still pending, after it was settled and dismissed.
Then our County attorneys delayed, long past the time that analysis of the depositions and lessons learned would have helped inform the debate on FY 2024 budget.
Now they want to charge me for two (2) hours time to find and produce the depositions.
The twelve depositions can be sent easily by PDF.
Stay tuned.
September 22, 2023 Update: County never answered a single question. County has not even provided the twelve (12) depositions in the County's civil lawsuit against malfeasant auditor, CARR RIGGS & INGRAM. In the immortal words of the late Wiliam F. Buckley, Jr., "why does baloney reject the grinder?"
Five (5) incurious St. Johns County Commissioners raised taxes by 10.3% above the rollback rate, without answering budget questions.
JESSE DUNN, Director of the St. Johns County Office of Management and Budget is an unjust steward of the public fisc.
County's lax internal controls require a public hearing and answers to my questions, under oath.
Now.
Enough insolence and insouciance from maladroit all-Republican St. Johns County Board of County Commissioners and their inept managers.
September 19, 2023 Update: County Administration has provided no answers and no documents.
Wonder why?
Here is my DRAFT written testimony to St. Johns County of County Commissioners FY 2024 TRIM hearing, set for 5:01 pm, Tuesday, September 5, 2023.
What do you reckon?
Ed Slavin
September 5, 2023 DRAFT
Murky business:
St. Johns County FY 2024 Budget --
Process remains deeply flawed
A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives. — James Madison
“The life that is unexamined is not worth living.” — Socrates
“I don’t have to answer your questions. I work for the Board of County Commissioners.” — Hunter Sinclair Conrad, County Administrator (2019-2023), Clerk of Courts and Comptroller (2015-2019), “Clerk E” as unindicted coconspirator in 2019 federal bribery indictment in United States v. Penn Credit Corp.
“A budget is a moral document.” — Sandra Parks, Ed. D., former St. Augustine City Commissioner.
“Show me your budget, and I’ll tell you what your values are.” — President Jose Biden’s father, Joseph Robinette Biden, Sr., who told him when he was a little boy.
Rapid growth and one-party rule have created a crisis in our County government
Since 2016, there has been a steady erosion of the information made available to citizens about our County budget. The budget document is now much shorter, presentations are shorter, time for public questions is curtailed, and information dumbed down to baby talk by the County. The basic budget document is now shorter than in prior years. It no longer includes accounting codes or detailed budget justifications. This obstructs citizens and Commissioners discussing budget amendments intelligently
Rapid growth, secrecy and one-party rule have created a crisis in St. Johns County
LAX INTERNAL CONTROLS, LACK OF OPENNESS & TRANSPARENCY
- How much money does St. Johns County spend on internal controls each year, including Inspector General, auditors, whistleblower protection, hotlines?
- What reforms have been instituted since $785,786 Sheriff’s office embezzlement was uncovered? Please provide every single one of the documents I requested August
- Would you please place all County documents on internal controls, purchasing, zoning, environmental protection and other subjects in a public reading room, in-person and online?
- What is the status of the County’s promise to place all County contracts online?
- Please provide a briefing at the TRIM hearings on the County’s response to the findings of Adams & Reese law firm, et al. concerning the lack of internal controls resulting in $786,785 of embezzlement in the St. Johns County Sheriff’s Department by RAYE BRUTNELL over five (5) years.r
- What efforts were made to seek to establish a constructive trust around the embezzled funds? Please provide documents. If none exist, please so state.
- Please provide all documents involving the status of litigation with FRS on recovery of some $800,0000 seized from the retirement account of RAYE BRUTNELL. Please see age 22 of the June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years?
- Please provide the St. Johns County policies — past, current or proposed —governing use of autopens to sign County checks.
- How many autopen machines does St. Johns County own or use?
- Where are the autopen machines located? In what specific rooms and at what addresses?
- Are there keys, passwords or other internal controls on the autopen machines? Please provide documents. If none, please so state.
- How many autopen signatures has the County caused to be placed on checks, for each fiscal year, 2007-date? Does the use of autopens violated GASB? Please provide any GASB opinions, auditor reports or accounting opinions.
- Would you please be so kind as to provide the RAYE BRUTNELL “summary” referred to on page 6 of the June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years?
- Would you please be so kind as to provide the documents on the autopen referred to on page 19 of the June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years? Please include all documents on its cost, authorization and the presence and use of autopens in our County, including a spreadsheet establishing their cost and use. Did SJC BoCC authorize autopen use? If so, please send documents. If not, please so state today.
- Would you please be so kind as to provide the analysis of “contributory negligence” issues referred on page 27-28 of the June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years?
- Would you please be so kind as to provide the documents on “actions taken” and “lessons learned? issues referred on page 28-29 of the June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years?
- Would you please be so kind as to provide County Attorney xxxx Mr. Bullthuis’s research and analysis supporting his claim that “this is not a punitive damages case,” appearing in the June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years?
- Would you please be so kind as to provide the RAYE BRUTNELL embezzlement history “summary” referred to on page 6 of the June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years?
- Would you please be so kind as to provide the forensic audit(s) referred to on pages 13-14 of the June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years?
- Would you please be so kind as to provide the Buttner expert witness report and exhibits referred to on page 14 of the June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years?
- Would you please be so kind as to provide all of the documents on xxx referred to on page 16 of the June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years? Was Mark Brutnell ever sued by the County? Is he still employed by FDLE?
- Would you please be so kind as to provide the approximately twelve (12) depositions that were referred to on page 17 of the June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years?
- Would you please be so kind as to provide the forensic audits referred to on pages 13-14 of the June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years?
- Would you please be so kind as to provide the information on “someone in the County” referred to on page 19 of the June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years?
- Would yo please be kind as to provide a more accurate transcript and complete audio recording (people talking over each other, page 46) of the June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years?
- Would yo please be kind as to provide CRI’s alleged offer to extend agreement with St. Johns County and do work for free (page 46 of the June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years?
- Would you please be so kind as to send post on the County and Clerk off Courts website the June 6, 20223 Share Meeting Transcript, together with numbered exhibits if any when received back from court reporter?
- Would you please be so kind as to provide the list of the lawyers and other vendors referred to on page 19 of the June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years?
- Would you please be so kind as to provide Commissioner Krista Keating-Joseph’s statements about Carter, Riggs & Ingram’s prior bad acts, referred to on page 38 of the June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years?
- Would you please be so kind as to provide, re: June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years. the audio recording or revised transcript (people were talking over each other, page 46)?
- Would you please be so kind as to provide the Carr, Riggs & Ingram putative offer to extend agreement and do work for free (page 46) of June 6, 2023 Shade Meeting Transcript in the professional negligence case of St. Johns County v. Carr, Riggs & Ingram, County’s malfeasant auditors, who failed to uncover $786,785 of embezzlement over five (5) years the audio recording (people talking over each other, page 46)?
- Please send corrected transcript when received back from court reporter?
- Please provide an Excel spreadsheet list of all pending litigation or investigations concerning St. Johns County, including description of efforts to mediate or conciliate or evaluate cases.
- Please describe and explain the “lessons learned” from five y(5) ears of embezzlement at a time when only one (1) person could authorize and sign a check and she was an embezzler.
- Please list all of the fees paid to outside counsel for the County, 2007-date, including the matters and subjects of their retainers.
- Please provide a spreadsheet listing all of the fees and expenses our County paid to lobbyists for the County, for each fiscal year, 2007-date.
- For each outside County counsel or lobbyist please provide summary of their accomplishments for each fiscal year since 2007. If none exists, please so state.
- For each outside counsel or lobbyist, please provide the conflicts check documents on whether their work for the County conflicts with their work for anyone else, e.g., Nocatee, JEA, JTA, Thomas Martin Fiorentino (SJC lobbyist and known Republican “bundler” for political candidates).
- Please list the annual dollar value of all zoning favors County Commission enacts in PUDs and rezonings, for each fiscal year, 2007-2023.
- Would you please be so kind as to provide the work plan and work product of our new Chief Economist? Is there an annual report or other public document? To whom does the Chief Economist report? Do his duties include giving testimony or reports, whether sua sponte or upon request of Commissioners or citizens, e.g., on dodgy, unsupported or extravagant claims made about affordable housing, impact fees an d other issues by builders, developers and their non-non-economist lobbyists? If not, please direct that the Chief Economist provide such testimony and reports.
- Are St. Johns County employees required or expected to comply with an oath of omertà, de facto or de jure?
- Why did St. Johns County Commissioners agree to an illegal oath of omertà, in accepting the resignation of unqualified County Administrator HUNTER SINCLAIR CONRAD? What legal research did the County Attorney perform in response to concerns that the “mutual non-disparagement” agreement proposed by HUNTER SINCLAIR CONRAD was illegal, a violation of the First Amendment, and contrary to public policy? Please provide the research memo. If none exists, why? Was this gross negligence, empowering CONRAD to be paid $1xxxxs in violation of his contract, which required advance notice before resignation?
- How has SJC BoCC remedied CONRAD’s errors, omissions and actions during his 3.6 year long Reign of Error, including forced resignation of Trey Alexander Asner and illegal firing of County Inspector General Nilsa Arissa?
- How much money is budgeted in our proposed FY 2024 SJC County Budget for backpay, attorneys fees and other remedies for Mr. Asner and Ms. Arissa and other victims of the unqualified County Administrator’s Reign of Error?
- How many employees were affected or victimized by the hostile working environment created by HUNTER SINCLAIR CONRAD and his henchmen?
- What all hands County staff meetings have been held to resolve this crisis?
- Are any planned?
- What is the budget for HR training to resolve the violations of federal and state law by HUNTER SINCLAIR CONRAD?
- Have SJC employees ever been informed of the Supreme Court’s 6-3 decision in the Bostock v. Clayton County, Georgia case that LGBTQ+ people are protected by Title VI of the 1964 Civil Rights Act? A. If yes, please send evidence. B. If not, please explain, why?
- What plans does SJC HR and Administration have to restore the trust of employees who watched as unqualified County Administrator allegedly targeted LGBTQ+ people and ethical employees for firing, while promiscuously hiring members of his father’s church?
- How many people applied for jobs and promotions but were denied during CONRAD’s time as County Administrator. What remedial steps is St. Johns County taking in the wake of CONRAD’s prejudices, discrimination and favoritism?
LEGAL COUNSEL AND LAW ENFORCEMENT
- What are the “lessons learned” from RAYE BRUTNELL’s five-year crime spree, $786,785 in embezzlement from the St. Johns County Sheriff’s Office? Please provide all procedure, training, and other documents.
- How many unsolved murders in St. Johns County?
- What is budget for cold crimes unit?
- What is the status of any investigations of the September 2, 2010 homicide of Ms. Michelle O’Connell in the home of Deputy JEREMY BANKS?
- What is JEREMY BANKS’ title, duty area and chain of supervision?
- Why is JEREMY BANKS still on the payroll of SJSO?
- What possessed Sheriff Hardwick to retain BANKS on the payroll?
- What is the total County annual budget for background investigations of prospective: A. employees; B. vendors; C. applicants for zoning decisions.
- What process does St. Johns County follow to investigate the background of prospective employees? Which SJC employees are responsible and accountable for the process?
- What process does St. Johns County follow to investigate the background of prospective vendors? Which SJC employees are responsible and accountable for the process?
- What process does St. Johns County follow to investigate the background of applicants for zoning decisions, including rezonings, variances, PUDs, Comprehensive Plan amendments, modifications, and other regulatory actions? Which SJC employees are responsible and accountable for the process?
- What is the annual budget of the Organized Crime Division of St. Johns County Sheriff’s Office? How many FTE? Please provide organization chart, procedures and plans Was one of the assignments of the OCD under two previous Sheriffs hunting for LGBTQ+ people on beaches and publishing names of arrestees in local news media?
- What is the value and extent of Russian or organized crime interests in, ownership or sale of property and projects in St. Johns County? How many organized crime families have operations that have touched St. Johns County? Please provide documents.
- What thought has been given by SJC BoCC to publishing reports on organized crime, like the former Pennsylvania Crime Commission’s detailed reports?
- How many Certified Fraud Examiners (CFE) are there on St. Johns County payroll? What are their names and work assignments? Is iMr. Thomas Filloramo is a CFE? What are his duties? Do they include CFE work? If not, why not? Would empowering Mr. Filloramo to examine Sheriff’s Department spending have resulted in halting the $786,785 in embezzlement over five (5) years? Was it gross negligence to deprive the County of his honest services and professional expertise? Please provide documents on his duties.
- What is the annual budget of the Environmental Crime Division of St. Johns County Sheriff’s Office? How many FTE? What cases have been brought against environmental crimes, such as massive clearcutting and water pollution?
- What is the annual budget of the Fraud Division of St. Johns County Sheriff’s Office? How many FTE?
- How many times has SJC and SJSO told persons complaining that they were fraud victims that it’s a “civil matter”? Please provide spreadsheet on fraud complaints.
- How many times has SJSO refused to investigate criminal fraud allegations based upon such specious statements?
- What possessed SJSO to tell Mr. Rick Norwood, a fraud investigator, that “fraud is not a crime?”
- Does SJSO deny that this took place?
- What are the titles, salary and benefits of the deputy who allegedly told Mr. Norwood that “fraud is not a crime?”
- Has the deputy in quo been coached or counseled about his false statements and bad attitude?
WHAT IS FUTURE OF COUNTY-CITY INTERGOVERNMENTAL COOPERATION? - Residents of St. Augustine and St. Augustine Beach pay for both County and City taxes. Please provide an economic analysis and detailed cost-benefit analysis for two layers of local government. If none exist, please so state. If none exist, please provide analysis.
- Would you please be so kind as provide and place online any and all analysis of past, current and proposed savings in taxes for Memoranda of Understanding (MOUs), or agreements between the three local governments, to save money by combining certain governmental functions duplicated by current arrangements?
- What plans are there to re-establish the intergovernmental relations committee?
- Why and when was the intergovernmental relations committee abolished?
- Based on what assumptions, assertions, and presentations?
- Please provide records and place them in our new County Reading Room, in-person and online.
- Please provide the accounting records on the former intergovernmental relations committee that would suggest any savings or benefit accrued from governments no longer communicating with one another via the intergovernmental relations committee. If none exist, please so state.
LAX ENVIRONMENTAL PROTECTION AND LAND USE REGULATIONS
- o the Planning and Zoning board and Commission?
- How many people in the GMD have Master’s degrees?
- What are the qualifications of current Growth Management Director? Is it true that he has no graduate degrees? Does he have plans to seek one?
- Who else applied for the GMD Director position, before was recommend for it by County Administrator HUNTER SINCLAIR CONRAD, who asked for Commission confirmation without providing any documents in advance?
NEED FOR TRANSPARENCY ON SPENDING
- What is the status of placing all County contracts online?
- Please provide the complete roster, payroll and organizational chart for all St. Johns County employees?
- How many employees are currently working at home?
- How much money did St. Johns County spend at Sawgrass Marriott and other local hotels in St. Augustine, St. Augustine Beach and St. Johns County, for each fiscal 2007-2023
- What organizations, including hotels and churches, does St. Johns County pay for use of their property, including election polling places?
- What alternatives exist to paying for hotel and church space for election polling locations? How much money could we save?
- How much money did St. Johns County spend on travel, conferences, hotels, entertainment, etc. 2021-2023.
- What travel reports are required of County Commissioners or employees?
- What travel reports are either required or available from County Commissioners, staff and consultants? If none exist, would you please be so kind as to propose an amendment to County ordinances?
- How much money has St. Johns County disbursed, for each fiscal 2007-2023, to PGA Tour, Inc., Chamber of Commerce, corporations, trade associations or non-profits? Please provide an Excel spreadsheet.
- How much money does St. Johns County spend on association or organizational dues, 2007-date? Please provide an Excel spreadsheet.
- How many times were speculators, zoning applicants, the St. Johns County Chamber of Commerce, St. Johns County Builders Council, or other corporations granted special rights or privilege in presenting proposals, arguments, evidence or testimony before St. Johns County Board of County Commissioners, 2007-2023? Please provide a spreadsheet.
- What is the status of amending SJC rules to require sworn testimony in hearings comply with the Florida Rules of Evidence? Please provide documents. If no such documents exist, please explain why St. Johns County refused to take any action to exclude developers’ junk science from being considered in hearings.
- What is the status of requiring zoning applicants to disclose their true beneficial owners? Please provide documents. If no documents exist, please explain why St. Johns County Board of County Commissioners practices “willful blindness” as to corporate ownership of those secretive organizations that we should hold responsible for deforestation, tree-killing, wildlife-killing, wetland-filling, urban sprawl, overcrowded schools with portable classrooms, and clogged roads?
- How much money did St. Johns County cede developers on the Developer Debt Forgiveness Plan?
- How much money did St. Johns County spend on advertising for each year, 2007-date? How much is legally required by statute? How much is reimbursed? Please provide an Excel spreadsheet.
- What records do County attorneys and other employees keep on their time dedicated to particular tasks or cases?
- What plans are there to obtain a machine that loads sand into sandbags, as a reasonable accommodation under the Americans with Disabilities Act?
- What changes have been made or planned to facilitate ocean beach access for persons with disabilities?
4 comments:
Item 66 is a real eye opening case of squandered internal control enforcement that most most entities can only dream of having so readily available.
At last commission meeting, the old man who said he moved from Washington State said it was a "communist state." That means limited private property and a command economy which is a lie. Who should listen to such nonsense buddy move back! You'll do better in the "communist state" than this hyper capitalist hell hole with zero plans to lower the prices of anything especially housing... and no pressure put on anyone to pay people to work. And with high taxes you get the worst of both worlds. Conservatism is a lie.
Yeah complained about communism, now complaining about high taxes and prices which he and others created by "fleeing communism." The commission pays lip service... but thinks to themselves, "It's a merit and ability based society... and if you don't have enough of either to afford things here then I guess you came to the wrong place!"
Republicans throw words like "communism" around to divert attention away from the fact that they mostly sit on their asses and don't do shit unless someone comes crying. They also do it to radicalize their base so they can hide behind an army of thugs and religious whackos while they grift everyone to a husk via their cronies. Think of the far right thugs as their security detail who protects their lazy ass.
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