Tuesday, November 18, 2014

ILLEGAL CONTRACTS: HOW MANY?

The no-bid contract of adhesion City Manager WILLIAM BRUCE HARRISS repeatedly signed with OLD CITY for web services appears to be illegal:
A. Not prepared by City Attorney;
B. Not signed by City Attorney.

Our St. Augustine Code of Ordinances says, in haec verb:

DIVISION 5. - CITY ATTORNEY

Sec. 4.18. - Qualifications.



The city attorney shall be a lawyer of at least five years' experience admitted
to and having authority to practice in all courts of the state.

(Laws of Fla. (1925) ch. 11148, § 38)

Cross reference- Ordinances to be voted on by the electors of the city to be
first submitted to and approved by the city attorney, § 5.21.


Sec. 4.19. - Special duties.



The city commission shall appoint a city attorney who shall act as the legal
adviser to, and attorney and counselor for, the municipality and all of its
officers in matters relating to their official duties. He shall prepare all
contracts, bonds and other instruments in writing in which the municipality is
concerned and shall endorse on each his approval of the form and correctness
thereof and no contract with the municipality shall take effect until his
approval is so endorsed thereon.
He shall prosecute and defend for and in behalf
of the city all complaints, suits and controversies in which the city is a
party. He shall furnish the city commission, the city manager, the head of any
department or any officer or board not included in any department his opinion on
any question of law relating to their respective powers and duties.

(Laws of Fla. (1925) ch. 11148, § 36)

Editor's note-

The next to last sentence has been modified so as to delete a reference to the
city attorney prosecuting in municipal court, as municipal courts have been
abolished. See Fla. Const. art. V, § 20(d)(4).



Sec. 4.20. - Additional duties.



In addition to the duties specifically imposed under the preceding section he
shall perform such other professional duties as may be required of him by
ordinance or resolution of the city commission or as are prescribed for city
attorneys under the general law of the state and which are not inconsistent with
this charter and with any ordinance or resolution which may be passed by the
city commission.

(Laws of Fla. (1925) ch. 11148, § 37)

So how many illegal contracts does our City have in force?

10 comments:

  1. Warren Celli8:40 AM

    Ed Slavin asks: "So how many illegal contracts does our City have in force?"

    All of them. It's an illegally empowered self serving rogue government. Being slap dash and careless with the administration of law only reflects the arrogance that develops with such a corrupt system.

    One wonders how and why Justice Peggy A. Quince came to promise to lend her good name to such a CIVIL RIGHTS and FREE SPEECH denying den of iniquity. Is she ignorant of the on going pattern and practice of usurpation of the 'Rule of Law' for theft of the public commons and selfish private gain in this city? Is she ignorant of the knowledge that this on going pattern and practice of crimes have all been knowingly and willingly committed for the following express purposes; to suppress and eliminate political opposition so as to illegally and immorally control the city government; to demonize and eliminate an entire recognizable class of people (street artists, entertainers, and the homeless — a hate crime) just like blacks were eliminated and suppressed; to eliminate competition so as to control and fix markets; to suppress and control employee wages by limiting opportunity and instilling fear; to steal commonly owned community property for selfish private use and private gain; to raise confiscatory taxes on the residents to fund the city gangster activities; to pay themselves grossly outrageous fat salaries and piggishly lavish retirement packages, etc.

    Does Justice Peggy A. Quince not see that in the process of all of the above the city has been turned into a tacky and soulless shop worn mall where the residents have lost; their rule of law, their freedom, their community center, their playgrounds, their street parking, their mooring fields, their right to the "quiet enjoyment" of their property, their clean healthful air, their once joyous social fabric, their community spirit, etc., and all the while they have been subjected to the unbridled machinations of a co-opted and mean spirited bully police force which in effect functions as a low cost and surly mall security force for the benefit of the <1% self anointed wealthy elite. Talk about transparent burden shifting and bogus indemnification! Sheesh!

    Does Justice Peggy A. Quince not know that all the while the disingenuous city officials were planning and installing our latest CIVIL RIGHTS monuments, those same city officials were busy writing more "bad" law and having their goon squad cops enforce that "bad" law. Does she not know that Greg Travous was badgered, harrassed, arrested, and sent to an early grave for standing up to this Unconstitutional tyranny while the same disingenuous city officials were planning and installing our latest CIVIL RIGHTS monuments? Does she not know that those "bad" Jim Crow laws are still on the books?

    Should we not in good conscience write to Justice Peggy A. Quince and ask her to not legitimize and validate this gross corruption with her good name? To in fact, ask her to refuse to come here so as to spotlight the gross corruption — so that the jailing and healing can begin?

    Yes, fudging a few contracts would be par for the course.

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  2. Proud to have Justice Quince here: "Be the change you want to see in the World!"

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  3. Warren Celli4:42 PM

    I feel humiliated to have Justice Quince here Ed.

    To aspire to status and fame in an evil system is an evil unto itself.

    To use that evil status once gained, to then whitewash others in that evil system, is a greater evil.

    Ask yourself Ed, would Martin Luther King lend his good name and presence to validate and legitimize this Xtrevilist Saint Augustine gangster administration?

    They would not even ask him, because his response would be an emphatic NO!

    The nicest thing you can say about Justice Peggy Quince is that she is either drunk on the kool aid or she is selling the kool aid.

    Deception is the strongest political force on the planet.

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  4. Yes. Dr. King was here, prayed here, led marches here and was arrested here, helping win adoption of the 1964 Civil Rights Act. We SHALL overcome!

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  5. warren Celli7:07 PM

    Yes he did all of those things, but he didn't lend his good name and presence to validate and legitimize the Xtrevilist Saint Augustine gangster administration as Justice Quince will.

    You stain his good name by implying that he would with your yes answer.

    We shall overcome when we see through the deception. There is a concerted effort in this city to rewrite history, ignore the cause and effect REALITY of the present day MURDERS, and put lipstick on the Xtrevilist pigs in this city. Justice Quince is a part of it.

    Deception is the strongest political force on the planet.

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  6. You don't speak for MLK.

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  7. Warren Celli5:03 AM

    You spoke for MLK when you answered yes to the question I posed about him.

    King is but a side dish in the conversation anyway. The entrée is the appearance of Justice Quince as a part of a concerted effort to mask the city administration machinations that you first brought up with your question, "So how many illegal contracts does our City have in force?". A question I answered with, "All of them." and then went on to use the Peggy Quince visit as a stage to elaborate on all of those illegal machinations and questioned her real knowledge of the city's corruption.

    It appears Ed, with your deflections, that you only want small measured bits of the crooked 'heavens' to fall. Just enough to keep the crooked system viable, but not so many that all the corruptions fall and reveal the totality of the co-option of the scam 'rule of law. Are we defending Clinton's blow job here? Can we smell the Stockholm Syndrome in the air? Are we in the myth of Indians selling Manhatten for a pile of useless beads?

    Deception is the strongest political force on the planet.

    ReplyDelete
  8. So many insults. Call me and talk to me like a person.

    ReplyDelete
  9. Warren Celli5:54 AM

    And now you dehumanize me as one who is insulting and communicates like a nonperson?

    You mistake my perceptions of the reality I see as insults Ed. I see them as viable points for discussion. All points raised that impinge on participation and, more importantly, non participation in the political process. All points that go to the core veracity of the corrupt system and people's belief, or not, in it. All points that go to the reasons for fragmentation of participation in the system — the deceptions that have wreaked havoc on trust in the 'Rule of Law' and hollowed it out and made it into a two tier selectively enforced scam (with the upper tier getting exponentially smaller as each second goes by).

    Understanding why individuals, and groups of individuals, appear to be constrained, or are constrained, in stating forthrightly their opinions on matters that affect the directions of their lives is critical to making better lives for all of us, critical to bringing the > < sixty % back into the fold. That understanding, that motivational analysis and the viewpoints that drive it, are key to positive change. I believe it should be discussed openly for all to consider. This is a moral struggle that affects everyone.

    The reality is that I admire you a great deal Ed, don't take the rough and tumble of making points in the political process as insults.

    I will discuss this on my web sites.

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  10. Warren, there is no escaping the fact that I think Justice Peggy Quince is a national hero. Bush v Gore. Surviving Koch bros. assault ads in 2012. An African-American woman on our state's highest court. Swearing in our Mayor, Nancy Shaver. How cool is that!??
    I see change as inevitable, inspired in part by your epic jury verdict in St. Aug Dog case, which i greatly admire. You are also one of my heroes:
    St George Street Saga would make a great movie or play, and is already a great documentary by our friend Jay Pleasant!
    Hope to Talk to you in person, soon!
    Prefer talking to typing.
    As Ripley would say, "Believe it or NOT!" PBS presenting documentary on Ripley in January.

    ReplyDelete