PETTIFOGGING CITY OF ST. AUGUSTINE CITY ATTORNEY RONALD BROWN WOULD RATHER WRITE UKAESES ABOUT ILLEGAL "POLICY" THAN FAX RETURN RECEIPT CARDS

Dear Mr. Slavin:
Thank you for your email correspondence of this date at 9:49 a.m. Your
inquiries raised a couple of issues to which we thought our office should
respond.
First, the monthly DMR reports are due on or about the 28th day of the
month. The three certified mail receipts show receipt ot the August, September
and October, 2008 reports on August 27, September 29 and October 24,
respectively. Since September 28 fell on a Sunday, the report date moved to
September 29 and, therefore, the report was received on time.
Secondly, the City Manager establishes the policies (sic) governing the city's
administrative processes. The City Commission need not approve these policies.
The City's policy on public records review and reproduction adheres to the
requirements of section 119.011, Florida Statutes, which governs open public
records, and the Public Records Manual prepared by the Office of the Florida
Attorney General. The City's policy precludes providing records by facsimile or
email.
Thirdly, you claim the City's policy is illegal and actionable in federal
court as a violation of one of the various civil rights statutes. While we
disagree completly with the claim, we welcome your presentation of any statutory
or case law authority in support of your position. Until persuaded otherwise,
however, or until City policy changes, the City will continue to make public
records available for review and copying in accord with the current policy.
Should you desire to review the DMR records, you may do so at the Offices
of the City Attorney, 75 King Street, Fourth Floor.
Thank you.