NEVILLE BREIDENSTEIN WAINIO CPA partner, Rotary Club President, Ancient City Road Runners Founder and "Amateur Hour" CITY COMMISSIONER TODD DAVID NEVILLE's disgusting demand to file a libel lawsuit at City expense is doubly unconstitutional.
First, it violates the First Amendment.
Second, it violates Florida constitutional law, which forbids in Article VII, Section 10, "giving, lending or using its taxing power to aid any person." This means you, TODD NEVILLE.
Third, it would violates the City Charter, Sec. 4.19, which only allows the City Attorney to prosecute or defend lawsuits in which the City is a party.
- Description of Defamation
- Burden of Proof and Standard of Proof
- Expenditure of City Funds
Still no apology from ODD TODD NEVILLE for First Amendment violations at taxpayer expense: he must reimburse City for cost of City Attorney time, or resign.
TODD NEVILLE (left) listens to City Attorney ISABELLE LOPEZ (with backside to audience) (SAR/Peter Willott)
ISABELLE CHRISTINE LOPEZ, FLORIDA BAR NO. 89818
Our First Amendment is a cherished legal principle, being violated by the chilling effects emanating from pouty ODD TODD DAVID NEVILLE, aided and abetted since September 8, 2015 by inept ISABELLE CHRISTINE LOPEZ, who actually wrote and demanded a retraction!
Wonder if City Manager JOHN PATRICK REGAN, P.E. will have the City Commission sound system working so that you can hear the mewling baby talk?
Wonder if ODD TODD NEVILLE will apologize for wasting City staff time?
Wonder if ODD TODD NEVILLE will pay for wasting City staff time?
Will TODD NEVILLE resign?
To: tneville <email@example.com>; ilopez <firstname.lastname@example.org>
Subject: CITY COMMISSIONER'S ILLEGAL "SLAPP" SUIT DEMAND AGAINST MR. GOLD and HCN; please keep time records on libel issue and bill Mr. NEVILLE (Request No. 2015-337)
The 2015 Florida Statutes
Defamation suit talk on tap for St. Augustine City Commission
Posted: September 26, 2015 - 11:55pm
By SHELDON GARDNER
The issue of whether to seek a defamation lawsuit over a news site article will be back before the St. Augustine City Commission on Monday.
City Attorney Isabelle Lopez said she plans to present defamation case law and information about spending public money for what would be a private lawsuit with Commissioner Todd Neville as the plaintiff.
The main concern is whether there would be a public purpose in spending public funds for the suit.
“That’s really the key test,” Lopez said. “What is the public purpose? Is there one?”
Neville asked Lopez to move forward with a defamation lawsuit over an article on local news website Historic City News that said Neville had a “direct, undisclosed financial conflict of interest” in the Dow PUD vote in August. Plans to rezone the property at 143 Cordova St. to turn eight historic properties into a boutique hotel passed 4-1, with Mayor Nancy Shaver dissenting.
Michael Gold, editor of Historic City News, wrote about a few campaign contributions Neville received in his 2014 run for City Commission, including one donation from Dow PUD developer David Corneal.
Neville said statements of fact in the article were false and made it seem like he had broken the law. Neville said Gold refused to publish a retraction after the city got an opinion by the Florida Commission on Ethics that said there would not be a conflict of interest based on the campaign contributions.
Gold said the article is factual and said he did not write that Neville did anything illegal. To be clearer, he moved the article from the Government section of the website to the Editorial section, he said.
In other business
■ Commissioners will get a look at the start of a mobility plan for St. Augustine, after the city identified it as one of its top priorities. The city hired a mobility coordinator to lead the effort, and officials will outline the work ahead for the mobility initiative. Mobility is “the time and costs required for travel,” according to the city’s master plan.
The mobility master plan will look at existing and future parking recommendations, entry corridors, traffic congestion mitigation, technology, new franchise regulations for unregulated transportation, and parking alternatives such as surface and satellite parking.
“All these things represent elements of mobility,” City Manager John Regan said.
Discussion is also planned about intersections near May Street and San Carlos Avenue. The Florida Department of Transportation has presented alternatives for intersection changes and is looking for consensus from the city about which option to move forward with, Regan said.
■ Before the City Commission meeting, commissioners will vote on a series of ordinances to finalize the city budget and millage rate. Other measures would change residential garbage pickup in St. Augustine to once per week, increase the public service tax on electricity, adopt new water and sewer use and connection fees and allow for a salary supplement of up to $200 for city employees and officers.
The city’s fiscal year begins Oct. 1.
If you go
What: St. Augustine City Commission meeting and special budget meeting
When: Monday; budget hearing begins at 5:05 p.m., City Commission meeting begins at 5:45 p.m.
Where: The Alcazar Room at City Hall, 75 King St.