This afternoon in the third floor of our St. Johns County Courthouse was one of those great shining moments that vindicates American democracy and freedom and our judicial system.
Shortly before 3 PM, in Judge Watson's courtroom, lawyers for the City of St. Augustine provided 45 pounds of documents to the lawyer for investigative journalist (and retired university) Dr. Dwight Hines' lawyer, Mr. Tanner Andrews of Volusia County (a recent law graduate with 20 years' work experience and expertise in computers).
Two large boxes of documents, weighing 45 pounds, embody some of the records that Dr. Hines is seeking -- records on the City's use of City vehicles.
St. Augustine City officials rudely refused to provide the records when requested by Dr. Hines.
St. Augustine City officials filed affidavits claiming the records don't exist.
St. Augustine City officials refused to mediate with Dr. Hines, even when the State Attorney General's office offered to provide a mediator.
St. Augustine City officials angrily reacted to Dr. Hines' lawsuit when filed in April.
St. Augustine City Attorney JAMES PATRICK WILSON threatened Dr. Hines and Ed Slavin with arrest in connection with purchasing record document requests. (See below.
In response to Dr. Hines' lawsuit, St. Augustine City Commissioners showed their animus to open government.
In fact, Commissioner and Mayor candidate Joseph Boles (a lawyer) made a motion, seconded by Vice Mayor Susan Burk (a lawyer) to seek attorney fees from Dr. Hines, falsely claiming that Dr. Hines had filed a frivolous lawsuit, with Boles saying Dr. Hines should be made to "pay the piper" to discourage such lawsuits from being filed. The motion passed.
The St. Augustine City Clerk's office later revealed that City Commissioners were not provided a copy of Dr. Hines' lawsuit in their agenda packet for that meeting. This makes the meretricious effort to seek fees no more than a SLAPP lawsuit (Strategic Lawsuit Against Public Participation), which Dr. Hines contends violates Florida law.
To their credit, the City outside defense lawyers evidently thought better of it -- no such SLAPP motion has been filed by the City's defense lawyer, Sid Ansbacher of Upchuch, Bailey and Upchurch. City Commissioners showed their defensiveness of Mr. HARRISS once again by passing an in terrorem motion, attempting to intimidate Dr. Hines (then representing himself pro se).
Some St. Augustine Commissioners would rather shoot first and ask questions later.
Some St. Augustine Commissioners would rather fight than switch -- fighting to protect the ancien regime of WILLIAM B. HARRISS, City Manager, from citizens' request.
45 pounds of documents proves that the City of St. Augustine's affidavits were untrue, its refusal to mediate was in bad faith and St. Augustine City Commissioners' kneejerk effort to seek attorney fees from an inquiring reporter was morally and legally wrong.
Our City of St. Augustine is at a crossroads -- will we practice listening, openness and thought -- or will we continue electing leaders who back controversial St. Augustine City Manager WILLIAM B. HARRISS and his unaccountable $45 million/year machine, which spends $4300 for every adult and child in St. Augustine?
It's your money.
They're your documents.
They're your trucks.
Some of the records said not to exist may touch upon the City's illegal dumping, under investigation by the FDEP.
Tonight, Dr. Dwight Hines is reading 45 pounds of records -- records our City previously claimed to be nonexistent.
How sweet it is.
Like President Richard Nixon's estimable spokesperson Ronald Ziegler, our City's contention is now "inoperative." 45 pounds of records do exist. "You ain't seen nothin' yet."
My hat is off to Dr. Dwight Hines and lawyer Tanner Andrews, true patriots.
There is cause for jubilation tonight. Good and decent people love this beautiful town. They want our government to work for the people, not against them. Like any good diplomats, they're not taking no for an answer.
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