My 8/11/2011 E-mail Requesting Upchurch FIrm Attorney Don Wallis to Return Public Records (and Some $100,000 ) to Our City of St. Augustine)

My dear Mr. Wallis:
1. I wrote you on June 15, 2011 and asked you to return all funds entrusted to you by the people of the City of St. Augustine, along with all of our government records on the First America Foundation (FAF), which you have withheld since last year without justification or excuse, in violation of the Florida Constitution and Open Records Law. You did not respond. Why?

2. You apparently have not done so, although it has now been 57 days. Why?
3. Have you notified your malpractice carrier?
4. Have you notified FAF's insurance company?
5. Have you taken steps to protect and preserve the records in quo?
6. It appears that your willful failure to return government records and funds may be a criminal act. You have the right to remain silent, but we wish you wouldn't.
7. Will you kindly respond to this e-mail by close of business today?

Sincerely,
Ed

Ed Slavin
Clean Up City of St. Augustine
P.O. Box 3084
St. Augustine, Florida 32085-3084
829-3877 (o-direct)
215-554-1187 (cellular)

-----Original Message-----
From: easlavin@aol.com
To: dwallis@ubulaw.com
Subject: Request for Upchurch FIrm Attorney Don Wallis to Return Some $100,000 That Was Possibly Obtained From City of St. Augustine Under False Pretenses

Dear Mr. Wallis:

1. I wrote you several times requesting documents pursuant to the Open Records law. See below.

2. You did not respond.

3. You have now resigned as Chair and FAF is going out of business.

4. Please request FAF to send me the requested records, or return them today to the City of St. Augustine so that our City may provide citizens with access.

5. With respect to the sum of some $100,000 that FAF misspent, without results, for ten months, I hereby request that you personally return that money, with interest, in a wire transfer to the City of St. Augustine. It appears from the public record that you may have made one or more materially false and misleading statements to the City of St. Augustine conveying your ability to carry out the contract. Our City relied upon those statements to its detriment. See Restatement of Contracts, 2d, Section 90 (Promissory Estoppel).

6. This was more than mere puffing by a salesman – as an attorney, you owed our City government a duty of candor.

7. For ten months, you and FAF breached your fiduciary duty to our City, operating in violation of the Government in the Sunshine Sunshine and Open Records laws and showing contempt for Article 1, Section 24 of our Florida Constitution (enacted by 82% of Florida voters in November 1992 – more than 3.8 million Florida voters supported it.

8. You have shown complete contempt for our Florida constitutional rights to Government in the Sunshine and Open Records. You seemed to accompany this contempt for our rights with a smug, secretive approach to public funds, as if you had a sense of “entitlement” to them. Thus, your failure and refusal to provide even a response to my Open Records requests, below, may be construed by the courts as a “badge of fraud.”

9. It’s our money. You must return the sum of some $100,000 spent by FAF for ten months. You must return it without delay.

10. FAF and you must also return all personal property purchased with the City’s money, including (without limitation) computers, software, books, records, and supplies.

11. I trust that the rest, residue and remainder of the $300,000 will be sent by FAF to the City.

12. If you decline to return the $100,000 that was misspent without results on your watch, please advise me the name and contact information for your legal malpractice insurance carrier. Also, please advise me of the name and contact information for FAF’s D&O insurance carrier(s). This information will allow our City Manager (or citizens acting parens patriae) to file a claim against your law firm’s legal malpractice insurance or FAF’s D&O insurance, or both.

Thank you. Please call me if you have any questions.

Sincerely,

Ed Slavin
Clean Up City of St. Augustine
P.O. Box 3084
St. Augustine, Florida 32085-3084
829-3877 (o-direct)
215-554-1187 (cellular)

-----Original Message-----
From: easlavin@aol.com
To: dwallis@ubulaw.com
Sent: Tue, May 31, 2011 12:35 pm
Subject: Fwd: Sunshine and Open Records law request

Dear Mr. Wallis:
I wrote you four days ago. May I please have the courtesy of a response?
Sincerely,
Ed Slavin

-----Original Message-----
From: easlavin@aol.com
To: dwallis@ubulaw.com
Sent: Fri, May 27, 2011 4:06 pm
Subject: Sunshine and Open Records law request

Dear Mr. Wallis:
Will you please send me a copy of your correspondence to City Commissioners and the Board, along with a listing of every check/disbursement by FAF and a copy of any correspondence regarding 501(c)(3) status?
Thank you.
Sincerely,
Ed Slavin
www.cleanupcityofstaugustine.blogspot.com
829-3877