Saturday, June 22, 2013

IN HAEC VERBA: June 20, 2013 E-mail to SJC, VCB and TDC on Wrongful Withholding of Documents on Antitrust and Civil Rights Compliance Policies

Dear Ms. Ross and Messrs. Goldman, Wanchick, McCormack and Hastings:

1. VCB meetings must be open to the public under the Florida Sunshine laws -- when is VCB's next board meeting? Meanwhile, all requested VCB records, and those of MMGY and other contractors and subcontractors, must be released today. Please start with VCB's Antitrust and Civil Rights Compliance Policies, which I requested on May 20, 2013.
2. I wrote you a fortnight ago about violations of Florida's Open Records and Sunshine laws.
3. You did not respond. Neither VCB nor anyone else with the County ever responded substantively to my June 7 2013 E-mail. This is deeply troubling, and offensive.
4. However, your lack of response is inculpatory -- it is an an "admission by silence."
5. VCB is covered by the Sunshine and Open Records laws. St. Augustine Mayor Joseph Lester Boles, Jr., St. Johns County Commissioner Priscilla Bennett (a/k/a "Rachel" Bennett), and St. Augustine Beach Vice Mayor Richard O'Brien -- three (3) elected government officials -- serve on VCB's board. They serve by annual appointment of the St. Augustine City Commission, St. Johns County Commission and St. Augustine Beach City Commission. Mayor Boles, Commissioner Bennett and Vice Mayor O"Brien are all serving as board members in their capacity as government officials.
6. VCB is delegated a County function and is closely monitored by three (3) elected government officials on its board.
7. VCB would not exist, and VCB could not survive, without tens of millions of dollars in county funding for eighteen (18) years. The efficacy of VCB's work, and its contractors work, is a matter of public concern -- VCB is obstructing access to government records and chilling First Amendment rights to criticize VCB and learn about its nature, structure and performance. .
8. VCB member and County Commissioner Priscilla "Rachel" Bennett dealt directly with the County Attorney's office in procuring the putative legal opinion that says what she wanted it to say. It is flummery, based upon ignoring the "Delegation test." See below. The CA's and VCB's putative legal analysis is deeply flawed, omitting the Delegation Test and contorting facts. For example, until 2009, VCB was housed in the County Administration Building. Mr. Goldman omitted this material fact. (See below). Why?
9. When I offered mediation -- either through the Seventh Judicial Circuit or the State Atorney General's office -- VCB did not respond.
10. Like the Lucky Strike tobacco ad, evidently VCB would "rather fight than switch."
11. VCB's apparent Antitrust and Civil Rights violations are a matter of public concern.
12. We have a Right to Know about possible government-funded Antitrust and Civil Rights violations by VCB, which has three (3) of our elected officials on its board of directors.
13. They're our elected officials, spending our money. This is The People's Business.
14. VCB's and MMGY's secretive actions are contrary to the genius of a free people. We have a Right to Know what VCB has done in our name, with our money. Enough stonewalling.
15. I asked you to direct preservation of documents. Did any of you do so?
If so, please provide evidence by return E-mail.
If not, why not? Please do so immediately.
16. Kindly agree to provide access for us to inspect all of the requested VCB, MMGY and TDC records today. Then we'll be done.
Please govern yourselves accordingly.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed
Ed Slavin
Clean Up City of St. Augustine, Florida
www.cleanupcityofstaugustine.blogspot.com
Box 3084
St. Augustine, Florida 32085-3084
(904) 377-4998

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