Monday, September 28, 2015 Update: City Attorney ISABELLE CHRISTINE LOPEZ finally shared a backdated memo with Commissioners and sent it to me this morning. Good job, Icicle (ICL)(ISABELLE CHRISTINE LOPEZ). You're warming up to this First Amendment thing. Thank you.
Sunday, September 27, 2015 Update:
St. Augustine Record article this morning, where City Attorney ISABELLE CHRISTINE LOPEZ deigned to grant an interview about her baby-talking plans for the September 28, 2015 City Commission meeting.
Still nothing in writing.
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.
Breach of fiduciary duty: NEVILLE, BREIDENSTEIN WAINIO CPA partner TODD DAVID NEVILLE demanded at the September 14, 2015 City Commission meeting that Commissioners join in his "ideological" perversions at government expense, to wit, a taxpayer-funded illegal SLAPP lawsuit against another online publication, Michael Gold's Historic City News. What do NEVILLE's partners think at NEVILLE, BREIDENSTEIN WAINIO?
What do you reckon NEVILLE, BREIDENSTEIN WAINIO CPAs clients think?
TODD NEVILLE (left) listens to City Attorney ISABELLE LOPEZ (with backside to audience) (SAR/Peter Willott)
ISABELLE CHRISTINE LOPEZ, FLORIDA BAR NO. 89818
6 PM, Friday, September 25, 2015 UPDATE: No response from NEVILLE, LOPEZ, REGAN the "Titanic Trio" of feckless government employees who would violate our Constitution to chill, coerce and intimidate protected activity by another online publication.
Reckon ISABELLE CHRISTINE LOPEZ is planning to baby-talk Commissioners late in the evening, when the audio or video are not working, and the public is unable to witness their divided government not working?
City Attorney ISABELLE CHRISTINE LOPEZ has nothing in writing in response to Commissioners direction to research Commission TODD NEVILLE's demand to file a libel lawsuit with City funds against Historic City News and Michael Gold re: DOW PUD (proposed Cordova Inn). The chilling effects continue in violation of the First Amendment. How inept.
Louche LOPEZ is apparently planning on patronizing Commissioners with another baby-talking oral presentation, like her good-ole-boy, illegally-hired predecessor, RONALD WAYNE BROWN.
Background: City Attorney ISABELLE LOPEZ was directed to advise City Commissioners about TODD NEVILLE's tedious tendentious tawdry illegal demand to file a defamation lawsuit on his behalf against Historic City News and Michael Gold.
As of 10 AM, our estimable City Attorney ISABELLE CHRISTINE LOPEZ has nothing in writing in the agenda packet. She missed her deadline (three days ago), and I am reliably informed that she is planning on "winging it," and making a baby-talking presentation to Commissioners. She's a chip off the old blockhead, just like her predecessor, RONALD WAYNE BROWN.
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, 201r5 by inept ISABELLE CHRISTINE LOPEZ, who actually wrote and demanded a retraction!
What buffoons.
Wonder if City Manager JOHN PATRICK REGAN, P.E. will even 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?
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-----Original Message-----
From: easlavin <easlavin@aol.com>
To: nshaver <nshaver@citystaug.com>; jregan <jregan@citystaug.com>
Sent: Fri, Sep 25, 2015 10:35 am
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)
Dear Mayor Shaver and Mr. Regan:
1. There is no memo from City Attorney ISABELLE CHRISTINE LOPEZ in the agenda packet for the September 28, 2015 meeting.
2. Our Mayor and Commissioners assigned her to research and advise Commissioners at the September 14, 2015, meeting as a result of Commissioner TODD DAVID NEVILLE's indecent demand to spend City staff time, money and effort on a "defamation" lawsuit against Mr. Gold and HCN.
3. Ms. LOPEZ's lack of any timely research memo in the agenda packet is disrespectful, unacceptable and a breach of the standard of care. Enough.
4. This is yet another breach of etiquette and yet another violation of the required agenda item submission deadline by City staff. Enough.
5. There is nothing for the citizenry, Mayor and Commissioners to read in advance of the meeting re: Commissioner TODD NEVILLE's demand to file a libel lawsuit against Historic City News and Michael Gold. Hence, any action on this peculiar request would be ultra viresand a breach of fiduciary duty.
6. I object to the lack of any backup material in your agenda packet -- has NEVILLE withdrawn his demand?
7. If so, please end the suspense and tell us before the meeting -- there are multiple budget meetings on the same night in different jurisdictions.
8. Please respond to request No. 2015-337 and send NEVILLE a bill for his time-wasting tactics, which are contrary to the genius of a free people.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
-----Original Message-----
From: easlavin <easlavin@aol.com>
To: tneville <tneville@citystaug.com>; ilopez <ilopez@citystaug.com>
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)
1. Please agree to keep time and expense records on all City time, equipment and funds spent on consideration of a libel lawsuit against Mr. Michael Gold and Historic City News. (Request No. 2015-337).
To: tneville <tneville@citystaug.com>; ilopez <ilopez@citystaug.com>
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)
Dear Mayor Shaver, Vice Mayor Horvath, Commissioners Sikes-Kline, Freeman and Neville, Mr. Regan, Ms. May, Ms. Lopez, Mr. Graham and Ms. Ratkovic, et al.:
2. There was discussion at tonight's City Commission meeting of our City's involvement in champerty and maintenance of a libel lawsuit with government funds, time and equipment.
3. This appears to be unethical, unseemly and unconstitutional
4. Our misguided City Attorney, Ms. ISABELLE LOPEZ has already sent a September 8, 2015 threatening letter to Mr. GOLD demanding "a retraction" on Commissioner TODD NEVILLE's behalf.
5. City Attorney ISABELLE LOPEZ's unethical letter was an ultra vires act and a breach of fiduciary duty.
6. This is waste, fraud and abuse. It also insults all St. Augustine residents, sent as it was by City Attorney ISABELLE LOPEZ on September 8, 2015, the 450th anniversary of the founding of our Nation's Oldest European-founded City.
7. Please send a bill to Commissioner TODD NEVILLE for all City staff time spent upon this unAmerican activity.
8. Libel actions are personal to the individual; they are not filed by government organizations, and for good reasons -- New York Times v. Sullivan, 376 U.S. 254 (1964).
9. Thus Commissioner TODD NEVILLE's bizarre, unconstitutional proposal now subjects him to potential recall by the voters. F.S. 100.361.
10. Commissioner TODD NEVILLE's thin-skinned attack on Mr. Gold's personal opinions in HCN is actionable under both Florida and federal law. Our Florida state legislature recently upgraded our State's protections against such unAmerican, indecent and thin-skinned attacks on First Amendment rights, stating in pertinent part:
768.295 Strategic Lawsuits Against Public Participation (SLAPP) prohibited.—
(1) It is the intent of the Legislature to protect the right in Florida to exercise the rights of free speech in connection with public issues, and the rights to peacefully assemble, instruct representatives, and petition for redress of grievances before the various governmental entities of this state as protected by the First Amendment to the United States Constitution and s. 5, Art. I of the State Constitution. It is the public policy of this state that a person or governmental entity not engage in SLAPP suits because such actions are inconsistent with the right of persons to exercise such constitutional rights of free speech in connection with public issues. Therefore, the Legislature finds and declares that prohibiting such lawsuits as herein described will preserve this fundamental state policy, preserve the constitutional rights of persons in Florida, and assure the continuation of representative government in this state. It is the intent of the Legislature that such lawsuits be expeditiously disposed of by the courts.
. … (3) A person or governmental entity in this state may not file or cause to be filed, through its employees or agents, any lawsuit, cause of action, claim, cross-claim, or counterclaim against another person or entity without merit and primarily because such person or entity has exercised the constitutional right of free speech in connection with a public issue, or right to peacefully assemble, to instruct representatives of government, or to petition for redress of grievances before the various governmental entities of this state, as protected by the First Amendment to the United States Constitution and s. 5, Art. I of the State Constitution. (full text below)
11. As a former prevailing news media libel defendant during the 1980s -- who won five-figure settlements against convicted felon Anderson County, Tennessee Sheriff Tennessee Sheriff DENNIS O. TROTTER, et al. as a result of a bogus libel lawsuit against me as Appalachian Observer Editor -- you should listen to my advice. I know something about libel law.
12. The City and TODD NEVILLE could be held liable for judgments for malicious prosecution of a civil lawsuit and abuse of civil process and civil rights violations.
13. Let me quote the best legal advice that the great American diplomat Elihu Root ever gave his corporate clients: "You're damned fools and you should stop!"
14. Or as my late Irish-Bavarian grandmother would say, "DROP THE OYSTER AND LEAVE THE WHARF!"
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed
Ed Slavin
904-377-4998
The 2015 Florida Statutes
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Defamation suit talk on tap for St. Augustine City Commission
Posted: September 26, 2015 - 11:55pm
By SHELDON GARDNER
sheldon.gardner@staugustine.com
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.
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