St. Augustine City Commissioner NANCY SIKES KLINE has served in dual offices since at least December 2008, as a member of the St. Augustine City Commission since December 2008 and of the St. Johns County Cultural Review Board (CRRB), formerly the Historic Resources Review Board (HRRB) since 2007.
Our City Attorney and County Attorney agreed with me, and Commissioner NANCY SIKES-KLINE resigned at 9:53 AM on Wednsday, February 24, 2016, the morning after I requested it, ten hours and 59 minutes after my 10:54 PM February 23, 2015 e-mail.
My thank you letter to Commissioner SIKES-KLINE is below; so is an interesting article from Historic CIty News (next after this article).
Some questions:
Why did she she remain on the Board after being elected a City Commissioner?
Why did the County Attorney gave such bad legal advice in 2009?
Why does SIKES-KLINE affect not to have known she was reappointed by County Commissioners to the Board in 2013 when she listed the Cultural Resources Review Board membership as "Current" in her 2014 campaign biography, and her 2013 reappointment was prominently reported in Historic CIty News?
So she didn't:
A. Know she was a member of the CRRB?
B. Know that our Florida Constitution states:
Article II, SECTION 5. Public officers.–
(a) No person holding any office of emolument under any foreign government, or civil office of emolument under the United States or any other state, shall hold any office of honor or of emolument under the government of this state. No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except that a notary public or military officer may hold another office, and any officer may be a member of a constitution revision commission, taxation and budget reform commission, constitutional convention, or statutory body having only advisory powers.
In the words of the late Senator Dale Bumpers (D-Ark.), "That dog won't hunt."
Thanks to citizen B.J. Kalaidi for asking County Commissioners on February 16, 2016 for a list of all SJCCRRB members when Commissioners voted to require financial disclosures. (That move was ineluctably taken, in the wake of the Florida Ethics Commission opinion finding a similar board required financial disclosures (the St. Augustine Historic Architectural Review Board). After 51 years of HARB's existence, I first requested that HARB members file such disclosures in 2014, in the wake of flummery from estimable City Attorney RONALD WAYNE BROWN, who asked for "some protection" from his then-understudy, current maladroit City Attorney ISABELLE CHRISTINE LOPEZ).
Oh, and finally thanks to citizen Thomas F. Reynolds, Jr., who just filed a Florida Ethics Commission complaint against Commissioner NANCY SIKES-KLINE, as her service violated our Florida Constitution and may constitute a criminal misdemeanor.
Perhaps the liability issue is why NANCY SIKES-KLINE ungraciously prevaricated/lied thrice in her resignation letter, stating inter alia: "In order to clarify (sic) the status of any (sic) position on the St. Johns County Cultural Resource Review Board that I may be considered (sic) to hold, please consider this my formal written resignation, for the record, effective immediately."
How many violations of our federal and state constitutions and laws remain to be uncovered here in St. Augustine and St. Johns County, "Home of the Whopper!?"
What do y'all reckon?
-----Original Message-----
From: easlavin <easlavin@aol.com>
To: nsikeskline <nsikeskline@citystaug.com>Sent: Fri, Feb 26, 2016 1:21 pm
Subject: Thank you for resigning from SJC CRRB to comply with Florida Constitution, Article II, Section 5(a) prohibition on dual office-holding
Dear Commissioner Sikes-Kline:
1. Our County Attorney, Patrick McCormack, has called to inform me of your resignation from our St. Johns County Cultural Review Board: he is sending me your letter.
2. Thank you for your prompt resignation from SJC CRRB to comply with Florida Constitution, Article II, Section 5(a) prohibition on dual office-holding.
3. Our Constitution worked (again); full compliance with our Florida Constitution Article II, Section 5(a) prohibition on dual office-holding has now been upheld.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
-------------
Sent: Wednesday, February 24, 2016 9:53 AM
To: Rebecca Lavie
Cc: Isabelle Lopez
Subject: FW: Cultural Resources Review Board
February 24, 2016
To Whom It May Concern:
In order to clarify (sic) the status of any (sic) position on the St. Johns County Cultural Resource Review Board that I may be considered (sic) to hold, please consider this my formal written resignation, for the record, effective immediately.
Sincerely,
Nancy Sikes-Kline
Commissioner, City of St. Augustine
Member, North Florida Transportation Planning Organization
(904) 806-6203
________________________________________
From: Isabelle Lopez
Sent: Wednesday, February 24, 2016 9:23 AM
To: Nancy Sikes-Kline
Subject: FW: Cultural Resources Review Board
From: Rebecca Lavie [mailto:rlavie@sjcfl.us]
Sent: Wednesday, February 24, 2016 9:20 AM
To: Isabelle Lopez
Subject: RE: Cultural Resources Review Board
She was reappointed at the May 21, 2013 BCC meeting to a 4-year term scheduled to expire May 21, 2017. I agree that a formal resignation would be advisable in order to clarify her status.
Rebecca C. Lavie
Assistant County Attorney
500 San Sebastian View
St. Augustine, FL 32084
904.209.0805 (Office)
904.209.0806 (Fax)
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.
This communication may contain privileged and confidential information intended only for the addressee(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please notify the sender by reply email and destroy all copies of the original message.
From: Isabelle Lopez [mailto:ilopez@citystaug.com]
Sent: Wednesday, February 24, 2016 9:15 AM
To: Rebecca Lavie
Subject: Cultural Resources Review Board
Rebecca;
After speaking with Com. Sikes-Kline, her recollection was that she was appointed by Com. Stevenson years ago before the duties of that committee changed. She does not recall, nor is she certain, that she was ever actually re-appointed. Can you confirm? If your records are unclear on whether she is actually still a member, I will suggest she formally resign to clarify her status; agreed?
Isabelle C. Lopez
City Attorney
City of St. Augustine
[cid:image001.jpg@01D16EE4.918F46E0]
75 King St.
P.O. Box 210
St. Augustine, FL 32085
(904) 825-1052 (office)
(904) 825-1096 (facsimile)
ilopez@citystaug.com<mailto:ilopez@citystaug.com>
Board Certified in City, County & Local Government Law Florida Supreme Court Qualified Arbitrator and Certified County & Circuit Civil Mediator Rated AV Preeminent® by Martindale-Hubbell Peer Review
-----Original Message-----
From: easlavin
To: nsikeskline
Sent: Fri, Feb 26, 2016 12:35 pm
Subject: Re: Florida Constitution, Article II, Section 5(a) Requires Commissioner Nancy Sikes-Kline's Resignation from SJC CRRB
Dear Commissioner Sikes-Kline:
1. I have left a message for Ms. Lavie of the County Attorney's office. Our Florida Constitution, Article II, Section 5(a) states:
SECTION 5. Public officers.–
(a) No person holding any office of emolument under any foreign government, or civil office of emolument under the United States or any other state, shall hold any office of honor or of emolument under the government of this state. No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except that a notary public or military officer may hold another office, and any officer may be a member of a constitution revision commission, taxation and budget reform commission, constitutional convention, or statutory body having only advisory powers.
2. So, why do you contend that you do not hold dual offices? Please explain your position and kindly send me your "clarifying" letter.
3. The St. Johns County Cultural Resources Review Board (CRRB) is under Florida law an "office," not an "advisory" committee -- the County Commission agrees and voted to require financial disclosures in light of the Florida Ethics Commission ruling on our St. Augustine Historic Architectural Review Board (HARB).
4. The 2009 statement by the County Attorney that the then-HRRB was only "advisory" was erroneous.
5. The County Attorney's opinion and County Commission's ruling in 2016 is that CRRB makes development decisions. Hence, it is an "office."
6. Will you please resign as a member of the St. Johns County Cultural Resources Review Board (HRRB)?
7. If you do not resign from SJC CRRB by close of business today, then will you please request Florida AG's and Ethics Commission opinions and explain to them the legal and factual basis of your opinion that you are not a dual office holder and are not in violation of Article II, Section 5(a)?
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: Nancy Sikes-Kline
To: easlavin
Cc: Isabelle Lopez
Sent: Fri, Feb 26, 2016 9:52 am
Subject: RE: Florida Constitution, Article II, Section 5(a) Requires Commissioner Nancy Sikes-Kline's Resignation from SJC HRRB
Yes, Ed, thank you for your patience as I am late getting back to you on this. The name of the board is now the "Cultural Resource Review Board".
I did submit a formal letter to clarify that I do not hold dual offices. You may wish to talk with Rebecca Lavie, Assistant County Attorney, if you wish more information.
Nancy Sikes-Kline
Commissioner, City of St. Augustine
Member, North Florida Transportation Planning Organization
(904) 806-6203
Please Note: Florida has a very broad Public Records Law. Unless specifically exempt by state law, written communications to city officials or staff regarding official city business are public records available to the public and media upon request. If your email communication is related to official government business, it may therefore be subject to public disclosure.
________________________________________
From: easlavin@aol.com [easlavin@aol.com]
Sent: Thursday, February 25, 2016 8:10 AM
To: easlavin@aol.com; Nancy Sikes-Kline
Subject: Re: Florida Constitution, Article II, Section 5(a) Requires Commissioner Nancy Sikes-Kline's Resignation from SJC HRRB
Please respond. Thank you.
-----Original Message-----
From: easlavin
To: nsikeskline
Sent: Tue, Feb 23, 2016 10:44 pm
Subject: Florida Constitution, Article II, Section 5(a) Requires Commissioner Nancy Sikes-Kline's Resignation from SJC HRRB
Dear Commissioner Sikes-Kline:
1. Will you please resign as a member of the St. Johns County Historic Resources Review Board (HRRB)?
2. Your service on both the City Commission and the HRRB apparently violations the dual office holding provision of Article II, Section 5(a) of our Florida Constitution?
http://cleanupcityofstaugustine.blogspot.com/2016/02/city-commissioner-nancy-sikes-kline.html
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
1 comment:
Yeah. Right. I was appointed twice, but I never held two offices.
Can Sikes-Kline read? How many city attorneys were asleep at wheel, or did she NEVER notify them of her position on the Cultural Resource board of ST. JOHNS COUNTY? Hoping to get away with it?
It's wrong on its face. This commissioner needs to taken through all that the law will allow.
Hope she will be pulled from the commission.
Great work, guys!
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