Monday, January 05, 2009

Response to City of St. Augustine's City Attorney Ronald Brown


My dear Mr. Brown:
You are wrong. City Commissioners are the only policymakers. City Managers don't get to make policy. It's in our City Code. See below.
2. The Governor's office provides documents without charge.
3. WILLIAM B. HARRISS' officiousness and pettiness is again on display -- having his minions waste their time by writing pointless letters instead of faxing the cards, which would have taken 30 seconds.
4. Your running interference for the City on the simplest of requests -- occasioned by EPA's database reporting you in violation -- is pettifoggery, plain and simple.
5. Will you agree to mediation by the AG on this issue? Yes or no?
6..Or simpler still, kindly fax me the cards, please and be done with it. Otherwise, who can believe the City's claims?
With kindest regards,
Ed Slavin
471-9918 (h-fax)
819-5817 (o-fax)

Charter Laws 2.02 provides:
Sec. 2.02. Powers generally; members to judge own elections, etc.; forfeiture of office on conviction of crime.
The city commission shall constitute the governing body of the city, with powers as hereafter provided, to pass ordinances, adopt resolutions
and appoint an administrative officer to be known as the city manager and to exercise all other powers hereinbefore or hereafter provided. A quorum of the city commission shall consist of three commissioners, but a less number may adjourn from day to day to compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance and no legislative action on the part of the city commission shall be valid unless concurred in by a three-fifths vote of all the members of the city commission. The city commission shall be the judge of the election and the qualifications of its own members subject to review by the courts. Any member of the commission who shall be convicted of a felony or a crime involving moral turpitude while in office shall forfeit his office.
(Laws of Fla. (1925) ch. 11148, § 8; Laws of Fla. (1929) ch. 14375, § 2)
Editor's note: The last sentence has been altered to read as shown. It appears to be amendable by ordinance. See AGO 073-25.

1 comment:

John R said...

From what I'm reading here, the line "appoint an administrative officer to be known as the city manager" makes their claim pret-ty solid.

If what they're doing is, in fact, illegal, why not immediately file some kind of suit?

...I guess you'd have to hire an attorney.