In secret, behind locked gates, our Nation's Oldest City dumped a landfill in a lake (Old City Reservoir), while emitting sewage in our rivers and salt marsh. Organized citizens exposed and defeated pollution, racism and cronyism. We elected a new Mayor. We're transforming our City -- advanced citizenship. Ask questions. Make disclosures. Demand answers. Be involved. Expect democracy. Report and expose corruption. Smile! Help enact a St. Augustine National Park and Seashore. We shall overcome!
Tuesday, November 09, 2010
ASK ASSISTANT CITY ATTORNEY CARLOS MENDOZA FOR A COPY OF HIS UNWRITTEN "TREATISE" ON CITY CRIMINALIZING ORDINANCE VIOLATIONS
ASSISTANT CITY ATTORNEY CARLOS MENDOZA WANTS GOVERNOR CHARLES CRIST TO APPOINT HIM TO A COUNTY COURT JUDGESHIP --
MENDOZA IS AUTHOR OF AN UNWRITTEN "TREATISE" CLAIMING TO DEFEND POSSIBLY ILLEGAL ARRESTS -- HUNDREDS OF THEM -- SINCE CITY OF ST. AUGUSTINE ORDINANCE 1-8 WAS ENACTED IN 1984
See below. Assistant City Attorney Carlos Mendoza's putative "treatise" is not written. All treatises are in writing.
This reminds me of the City's January 2008 claim to have done a "root cause analysis" of why 40,000 cubic yards of solid waste were illegally dumped in our Old City Reservoir, which former EPA Regional Administrator John Henry Hankinson, Jr. (now head of the Gulf spill cleanup) said was an "open sore going straight down into the aquifer and groundwater" in West Augustine.
The "root cause analysis" was not written down, either.
All over the world, people researching "root cause analysis" come to this blog and read about the fatuous assertion that a "root cause analysis" could be unwritten.
Now legal scholars will be amazed at an unwritten "treatise."
An unwritten legal "treatise" is not worth the paper it's not written on.
It is, at best, facetious for our City government to rely upon such canards as an unwritten :root cause analysis" and an unwritten "treatise" in defending the indefensible -- illegal dumping and illegal arrests of artists, entertainers and musicians (based on City Ordinance 1-8 purporting to make misdemeanors of City ordinance violations).
To whom do these City apparatchiks think they're talking?
Our City of St. Augustine has since 1984 arrested hundreds of people for ordinance violations, giving them criminal arrest records, based on an erroneous assumption about the City's ability to create crimes. See Attorney General William McCollum's opinion, below.
When you see Carlos Mendoza, ask him for a copy of his "treatise" about why hundreds of arrests are somehow legal where they are based on a city ordinance, not state criminal law.
What do you reckon?
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