Tuesday, July 14, 2015

COA Hires GrayRobinson Law Firm to Run Interference on My Records Requests on Safety, Hiring, Audits, Worker Whistleblower Rights

Asking questions and seeking documents from St. Johns County Council on Aging and its no-bid County contractor, the Sunshine Bus Company has resulted in dodgy responses and the hiring of a 278-lawyer law firm (GRAY ROBINSON) to run interference at $300/hour. Breach of fiduciary duty? Pity.


St. Johns County Council on Aging (COA) Executive Director REBECCA YANNI and COA Chair-for-life JOSEPH LESTER BOLES, JR.: last year, BOLES told citizen Thomas F. Reynolds, Jr. that the Sunshine Bus Company and its records were "private business."  As Mayor and since, and as COA Chair, BOLES solicits legal business from elders at COA, while seeking to keep its business secret.




It's our money: on July 1, 2015, GRAY ROBINSON, P.A., a 278-lawyer corporate law firm lawyer WILIAM H. ANDERSON, an anti-labor law specialist, sent the Council on Aging/Sunshine Bus Company a $900 legal bill for three (3) hours of purported legal work running interference on my Open Records request on Sunshine Bus.
The bill offers a clue as to the Weltanschauung of the anti-labor attorney whom COA Director BECKY YANNI contacted on June 15, 2015:
University of Florida Law School graduate WILLIAM H. ANDREWS writes he is billing for:
o "discuss multiple FOIA (sic) requests
o "review of public records requests to determine that reasonable (sic) charges can be made for time spent locating (sic) and copying (sic) documents"
o "review of Florida public records laws to determine what information has to be provided"
o "receipt and review of lengthy (sic) e-mail from Citizen making demands (sic) for documents; call to B. Yanni to discuss"
o "letter to E. Slavin with copies enclosed and advising not to communicate any further (sic) with Council on Aging.
It's our money.
After UF law graduate JOE BOLES, then-Mayor, claimed to citizen Thomas F. Reynolds, Jr. that our COA's Sunshine Bus Company was a "private company" and not obliged to share records, COA went into full-on coverup mode.
UF law graduate BOLES' statement to citizen Thomas F. Reynolds, Jr. was materially false and misleading, and a badge of fraud.
The St. Johns County Council on Aging claims it never had a legal budget before. Before I made Open Records requests concerning safety, hiring practices, audits and other issues,
COA was bossed by Ex-Mayor-for-Life and Chair-for-Life JOSEPH LESTER BOLES, JR., a descedants' estates lawyer who hustles "free wills" from COA clients whom he sends bills and otherwise benefits, advertising his COA Chair status to corner the market on wills, trusts and estates in St. Augustine.
Evidently, COA would rather "fight than switch"-- moving to lying to Mr. Reynolds to hiring an anti-labor lawyer from GrayRobinson instead of dealing in good faith is a sign of BOLESIAN "massive resistance" to transparency.
"
Rather than talk to me like a person, COA sent inflated cost estimates, at GrayRobinson's advice, wanting to charge me thousands of dollars.
It's our money
Rather than talk to me like a person, GrayRobinson sends COA legal bills for pettifoggery.
It's our money.
Our COA Sunshine Bus Company, which receives some $1,000,000 in annual federal and state aid, does not have a U.S. Department of Transportation (USDOT) number and is not registered with the Federal Motor Carrier Safety Administration -- its safety reports are not online on other USDOT or county websites. While other COA-operated bus lines elsewhere in America, are FMCSA-regulated, our Sunshine Bus Company eschews federal regulation. Its manager had never heard of the Federal Motor Carrier Safety Regulation and referred me to the county, which claimed exception as not being in "interstate commerce." They may be wrong no that.

Meanwhile, fraught with delusions of adequacy and exemption from federal law, the overrated Sunshine Bus Company:
A. Lacks service to much of the urban area of St. Johns County;
B. Lacks service to the St. Augustine Beach branch of the St. Johns County Public Library or St. Augustine Beach Post Office;
C. Lacks frequent service (only five trips per day in any direction);
D. Dangerously requires people going to some locations, such as County offices to walk long, unsafe distances acrossU.S. 1 on returning trips, and lacks a safety culture and consumer confidence.
E. Benefits from a no-bid contract with St. Johns County. It is ripe for competitive bidding to find a better contractor for the County.
County Attorney Patrick McCormack's office, responding to my Open Records requests, also confirms:
1. The Sunshine Bus Company has no employee whistleblower protection policy and has never notified employees of their whistleblower rights under the Surface Transportation Amendments Act, 49 U.S.C. 31105 to file whistleblower complaints with OSHA and have cases heard by a U.S. Department of Labor Administrative Law Judge. Drivers could be asked to drive with cracked windshields, bald tires, bad brakes or other unsafe conditions without any protection if they complain. (County response to my Open Records Request No. 2015-142 & 144)(COA response claims it has a policy, but it makes no reference to STAA, has no adoption or distribution information, and mysteriously refers to Sarbanes-Oxley).
2. The Sunshine Bus Company has no forms for employees to report unsafe conditions -- no Conditions Adverse to Quality Reports or other forms exist. (County response to my Open Records Request No. 2015-141).
3. Sunshine Bus Company has no forms for employees to make suggestions or report concerns and no spreadsheet summarizing employee suggestions or concerns. (County response to my Open Records Request No. 2015-146).
4. The Sunshine Bus Company allowed its fictitious name registration to expire in 2005 and the County can supply no documentation as to the reason. (County response to my Open Records Request No. 2015-143).

The Sunshine Bus Company is a division of the St. Johns County Council on Aging, beneficiary of a contractual arrangement with the St. Johns County Board of County Commissioners. COA has long been headed by ex-Mayor of St. Augustine JOSEPH LESTER BOLES, JR., who brazenly told citizen Thomas Reynolds in November 2014 that COA is a "private company," with no duty to share is records, a lie, which former COA Executive Director Cathy Brown said is untrue. Still waiting on COA to respond to any records requests. Still waiting for actual records (rather than admissions and denials) from our $17 million St. Johns County Government Offices, a/k/a "the Palace" or "Taj Mahal."






WILLIAM H. ANDREWS, Esquire
GrayRobinson Partner, specialist in anti-labor law
Running interference for St. Johns Council on Aging/Sunshine Bus Company on my Open Records requests, at $300/hour.
It's our money.

Practice Areas

Employment & LaborConstructionHealth CareHigher EducationInsurance DefenseLitigationOSHARegulated Products RestaurantSenior HousingAdministrative & RegulatoryGovernment
Bill grew up in Jacksonville, Florida, and is a third-generation Floridian. He received his undergraduate and law degrees from the University of Florida.

Throughout his legal career, he has limited his practice to representing employers in labor and employment law matters. This representation includes representing private and public sector employers in all areas of labor and employment law, including responding to EEOC and related employment claims, conducting wage and hour audits, defending collective actions filed under the Fair Labor Standards Act, defending union-organizing drives, preparing personnel policies and employee handbooks, and advising clients in compliance with Title III (public accommodation) of the Americans with Disabilities Act. Bill is a frequent speaker on labor and employment law topics at public and private sector seminars and trade association meetings throughout the United States.

Bill has received a certification from The Florida Bar as a Board Certified labor and employment lawyer. He has received an “AV” rating from Martindale-Hubbell and is also included in the editions of Best Lawyers in America from 1989 to the present, Florida Trend Legal Elite in the Labor and Employment Law category, Chambers USA’s Leading Business Lawyers, Florida Super Lawyers in the Labor and Employment Law category, and also listed in Super Lawyers Corporate Counsel Edition. Additionally, Bill was chosen as one of the 100 leading lawyers in the state of Florida, regardless of classification, in the inaugural edition of Florida Super Lawyers. He is a certified mediator and in 2010, was named the Best Lawyers' Jacksonville Labor and Employment Lawyer of the Year.
Education
University of Florida, B.S.
University of Florida, J.D
- See more at: http://www.gray-robinson.com/attorneys/detail/1012/WilliamH-Andrews#sthash.Rdt1Vrph.dpuf
Admissions
Florida
U.S. District Court, Middle District of Florida
U.S. District Court, Northern District of Florida
U.S. District Court, Southern District of Florida
U.S. Courts of Appeal for the 4th, 5th, 8th, 10th, 11th and D.C. Circuits
U.S. Supreme Court
- See more at: http://www.gray-robinson.com/attorneys/detail/1012/WilliamH-Andrews#sthash.Rdt1Vrph.dpuf
Professional Associations & Memberships
The Florida Bar
Board Certified in Labor and Employment Law
Labor and Employment Law Section, Member
Certification Committee, Member, 2011-2012
County and Local Government Section, Member
Wage and Hour Liaison Committee, past Chairman
4th Judicial Circuit Grievance Committee, past Chairman (twice)
Academy of Florida Management Attorneys, Charter Member
Florida School Board Attorneys Association, Associate Member
- See more at: http://www.gray-robinson.com/attorneys/detail/1012/WilliamH-Andrews#sthash.Rdt1Vrph.dpuf
Civic
Jacksonville Regional Chamber of Commerce
Board of Governors
Past General Counsel
Community Advisory Board, WJCT Public Television
Rotary Club of West Jacksonville
Past President
Air Service Development Task Force and Business Recruitment Standing Committee of the Jacksonville Regional Chamber of Commerce
Cummer Museum of Art and Gardens
Ponce Society Member
ARC of Jacksonville
Former Board Member
Jacksonville Civic Council
Pension Sub-Committee Task Force, Member
Pro-Bono Legal Team, Member
- See more at: http://www.gray-robinson.com/attorneys/detail/1012/WilliamH-Andrews#sthash.Rdt1Vrph.dpuf
Articles & Publications
"Recent Developments in Wage and Hour Law," 13th Annual Public Employment Relations Forum
Co-Author, "Many Florida Public Sector Employers Ignore FLSA Compliance," The Florida Bar Journal
Presentations & Seminars
Presenter, "National Labor Relations Board 'Quickie Election' Rules," Space Coast Business Dinner, Associated Builders and Contractors, Inc., Melbourne, Florida, June 16, 2015
"National Labor Relations Board 'Quickie Election' Rules," Associated Builders and Contractors, Inc., Orlando, Florida, May 14, 2015
"Drafting Must-Have Policies for Today's Handbooks," Labor and Employment CLE Seminar, National Business Institute, Jacksonville, Florida, May 11, 2015
"Labor and Employment Law Update," Continuing Ediucation Workshop for Property Appraisers, Department of Revenue, Daytona Beach, Florida, May 4-6, 2015
"Executive & Agency Regulations that will Affect Your Business this Year," First Coast Manufacturers Association Workforce Workshop, Jacksonville, Florida, February 25, 2015
“Recent Developments on Hiring Criteria and Work Rules,” First Coast Manufacturers Association Workforce Workshop, Jacksonville, Florida, September 24, 2014
“Are you covered,” Affordable Care Act Workshop, Restaurant and Lodging Association, Jacksonville, Florida, June 12, 2014
“A Primer on the Americans with Disabilities Act and Family and Medical Leave Act and How They Interplay,” First Coast Manufacturers Association Workforce FMLA-ADA Workshop, March 27, 2013
"Highlights of the Migrant and Seasonal Agricultural Worker Protection Act," The Florida Bar Agricultural Update Seminar, Gainesville, Florida
"Liberty Interests and Freedom of Speech," Florida Association of Property Appraisers, Inc. Seminar, Key West, Florida
"Sexual Harassment - The Rules Have Changed: Update on Requirements," Department of Revenue Continuing Education Workshop for Tax Collectors Seminar, Orlando, Florida
"Making Unions Unnecessary," Florida Association of Property Appraisers, Destin, Florida
"Wage and Hour Speech," Florida Association of Court Clerks, Amelia Island, Florida
"Non-Compete Clauses and Wrongful Termination," Florida Association for Retarded Citizens, Orlando, Florida
"Florida Compensation Law Compliance," Lorman Education Services, Jacksonville, Florida
"Mediation of Special Masters B Alternative Resolutions to Public Employment Disputes," XXVI Annual Public Employment Labor Relations Forum, Tampa, Florida
"Recent Developments in Employment and Public Sector Law: Things You Need to Know," Florida Department of Revenue Continuing Education Workshop for Property Appraisers, Orlando, Florida
"New United States Supreme Court Decision Expanding Employee Rights in the Workplace and Compliance With Minimum Wage and Overtime Provisions of the Fair Labor Standards Act," Department of Revenue Continuing Education Workshop for Tax Collectors Seminar, Orlando, Florida
"Hire Right . . . Recruiting & Screening Methods," NAG Seminar, San Antonio, Texas
"Wage and Hour Issues Including Overtime, Hours Worked and Exempt Staff Issues" and "Ten Commandments of a Happy Office Including Interviewing and Hiring," Lorman Education Services, Jacksonville, Florida
"Avoiding or Eliminating Employees' Due Process Claims, Monitoring All Usage of Office Computers and Effective Handling of Unemployment Compensation Claims," Department of Revenue Continuing Education Workshop for Property Appraisers, Orlando, Florida
"Property and Liberty Interests: Avoiding or Eliminating Employees Due Process Claims, Monitoring All Usage of Office Computers and Effective Handling of Unemployment Compensation Claims," Department of Revenue Continuing Education Workshop for Tax Collectors Seminar, Orlando, Florida
"Alternative Pay Plans to Comply with Fair Labor Standards Act," National Convenience Store Advisory Group Conference, Myrtle Beach, South Carolina
"Employment Law Update: Strategies for Challenging Times," Florida Department of Revenue Continuing Education Workshop for Property Appraisers, Daytona Beach, Florida
"Issues Unique to the Public Sector Under the Minimum Wage and Overtime Provisions of the Fair Labor Standards Act," Florida Personnel Associations Conference, Marco Island Marriott Beach Resort, July 2010
- See more at: http://www.gray-robinson.com/attorneys/detail/1012/WilliamH-Andrews#sthash.Rdt1Vrph.dpuf

A
- See more at: http://www.gray-robinson.com/attorneys/detail/1012/WilliamH-Andrews#sthash.Rdt1Vrph.dpuf

No comments: