In secret, behind locked gates, our Nation's Oldest City dumped a landfill in a lake (Old City Reservoir), while emitting sewage in our rivers and salt marsh. Organized citizens exposed and defeated pollution, racism and cronyism. We elected a new Mayor. We're transforming our City -- advanced citizenship. Ask questions. Make disclosures. Demand answers. Be involved. Expect democracy. Report and expose corruption. Smile! Help enact a St. Augustine National Park and Seashore. We shall overcome!
Thursday, June 09, 2016
BURCHFIELD PERJURY DOCUMENTS OFF-LIMITS?
Update 11:57 AM: All documents have now been released. June 9, letter to St. Johns County Clerk of Courts and Comptroller HUNTER CONRAD: Dear Mr. Conrad:
1. Every single document -- some 80 of them -- in Dr. Dwight Hines, Ph.D. v. Timothy Burchfield, William B. Harriss, City of St. Augustine, et al., CA06-0319 is currently off-limits on the Clerk's computer system. Why? (See below).
2. This is the epic case where a possibly penurious affidavit was filed by Mr. Timothy Burchfield, then and now the Assistant City Manager, falsely claiming there were "no documents" responsive to Dr. Hines' request -- in 2007, represented by SIDENY FRANKLYN ANSBACHER, our City of St. Augustine belatedly produced some 45 pounds of paper documents, plus electronic records.
3. This case arose out of the City of St. Augustine dumping a landfill in a lake. The City refused to provide documents. The lawsuit was filed. Then two maladroit then-Commissioners, Joseph Lester Boles and Susan Burk, both attorneys, retaliated and publicly threatened to make Dr. Hines "pay the piper" for filing a "frivolous" lawsuit they had not read, with Commissioners agreeing to seek sanctions as a SLAPP suit to discourage Open Records litigation None were deserved -- the City ended up paying Dr. Hines' fees after the City hired private counsel, SIDNEY FRANKLYN ANSBACHER.
4. Please ask the Clerk's Fraud, Waste and Abuse investigator to investigate and report on why access was cut off to the public.
5. A 2013 docket notation refers to a "child support" matter -- this is erroneous.
6. What happened here?
7. I have sent a copy of this e-mail to Ms. Patricia Gleason, Esq., Assistant Attorney General, who can instruct you on your legal duties on Sunshine and Open Records.
8. I look forward to meeting you and discussing this with you. You are new on the Clerk's job, having only recently been appointed (at age 29) by anti-Sunshine Governor Richard Lynn Scott, apparently at the behest of Sheriff David Shoar, other local politicians and lawyers in preference to the longtime career deputy whom the judiciary had appointed as Acting Clerk of Court in Ms. Cheryl Strickland's place after Governor Scott failed to act timely on a replacement. We, the People expect you to do your job without fear or favor.
9. Kindly make all documents in Hines v. Burchield available to the public on the Clerk's website no later than noon today, June 9, 2016.
NOTICE OF HEARING BEFORE CHILD SUPPORT ENFORCEMENT HEARING OFFICER
79
3/15/2007
DISMISSAL
76
3/15/2007
NOTICE OF VOLUNTARY DISMISSAL/ OR 2884 PG 1575-1576
71
3/8/2007
NOTICE OF DISCLOSURE OF NON EXPERT WITNESSES/ SUPPLEMENTAL
78
2/22/2007
WITNESS LIST/ NON EXPERT
65
2/16/2007
ORDER APPOINTING MEDIATOR AND GOVERNING MEDIATION
70
2/15/2007
NOTICE OF DISCLOSURE OF NON EXPERT WITNESSES
60
2/13/2007
STIPULATION TO MEDIATOR
77
2/12/2007
WITNESS LIST/NOTICE OF EXPERT
69
2/5/2007
NOTICE OF DISCLOSURE OF EXPERT WITNESSES
74
1/16/2007
MOTION TO REFER MATTER TO MEDIATION/AGREED
64
1/10/2007
NOTICE OF UNAVAILABILITY
73
1/4/2007
MOTION TO REFER MATTER TO MEDIATION
75
10/3/2006
ORDER SETTING JURY TRIAL/NON ETC
62
10/3/2006
TRIAL (CIVIL) SET FOR 04/16/2007 AT 09:00 WITH J MICHAEL TRAYNOR
61
10/3/2006
HEARING (CIVIL) SET FOR 04/09/2007 AT 01:30 WITH J MICHAEL TRAYNOR
66
9/27/2006
NOTICE OF TRIAL
72
9/14/2006
MOTION TO STRIKE DENIALS IN REPY BY D E HINES
67
9/13/2006
ANSWER TO AFF DEFENSES
63
9/6/2006
MOTION TO DISMISS/MOTION FOR MORE DEFINITE STATEMENT AND ANSWER ETC
68
9/5/2006
NOTICE OF VACATION/ATTNYS
59
8/16/2006
HINES' FIRST AMENDED COMPLAINT/081806-BC
58
8/14/2006
HINES FIRST AMENDED COMPLAINT/081706-BC
57
8/11/2006
ORDER ON PETITIONER'S ORE TENUS MOTION TO AMEND PETITION081606-BC
56
8/9/2006
LETTER TO TANNER ANDREWS FROM ROBIN UPCHURCH 081006 LGB
55
8/9/2006
COURT NOTES 081006 LGB
54
8/8/2006
RESPONDENT'S STIPULATION REGARDING NINE PUBLIC RECORDSOF CITY VEHICLES 080906 DLB
53
8/8/2006
NOTICE OF HEARING SET FOR 8-8-06@ 3:30 080906 DLB
52
8/7/2006
NOTICE OF DEPO OF JACK BODTOFER (FAXED COPY) 080706-AH
51
8/4/2006
RESPONSE TO MOTION FOR SUMMARY JUDGMENT ETC/08/07/06/LGB
50
8/4/2006
RESPONDENTS RESPONSE TO PETITIONERS MOTION FORCOMPULSORY JUDICIAL NOTICE OF EXISTENCE OF CITYRECORDS PROVIOUSLY DENIED BY CITY/08/07/06/LGB
49
8/3/2006
HINES' SUPPLEMENTAL ANSWER TO CITY'S MOTION FOR SUMMJUDGMENT - 080706/LBS
48
8/1/2006
LETTER TO ATTY ANDREWS FROM SIDNEY ANSBACHER 080206KD
47
8/1/2006
HINES' SUPPLEMENTAL ANSWER TO CITYS MOTION FOR SUMMARYJUDGMENT 080206KD
46
7/31/2006
NOTICE OF CONTINUANCE OF DEPOSITION 080106KD
45
7/31/2006
SUPPLEMENTAL NOTICE OF COMPLIANCE WITH PETITIONER'SREQUEST FOR NOTIFICATION 080106KD
44
7/31/2006
NOTICE OF APPEARANCE OF DWIGHT E. HINES 080106KD
43
7/28/2006
PETITIONERS MOTION TO CONTINUE HEARING SECHEDULEDUNILATERALLY BY RESPONDENTS IN VIOLATONS OF JUDGEBERGERS COURT ORDER AND AN AXIOM OF FLORIDA LAW/07/31/06/LGB
42
7/27/2006
RESPONDENTS' RESPONSE TO 'PETITIONER'S MOTION TOCONTINUE HEARING SCHEDULED UNLATERALLY BY RESPONDENTSIN VIOLATIONS OF JUDGE BERGER'S COURT ORDER AND ANAXIOM AND AN AXIOM OF FLORIDA LAW' 072806MG
41
7/27/2006
NOTICE OF COMPLIANCE WITH PETITIONER'S REQUEST FORNOTIFICATION 072806MG
40
7/26/2006
PETITIONER'S MOTION TO CONTINUE HEARING SCHEDULEDUNILATERALLY BY RESPONDENTS IN VIOLATIONS OF JUDGEBERGER'S COURT ORDER AND AN AXIOM OF FLORIDA LAW072706/MG
39
7/24/2006
RESPONDENTS' NOTICE OF FILING DOSSIER SOFTWARE LICENSE& SERVICE AGREEMENT 072606/MG
38
7/24/2006
AMENDED NOTICE OF DEPO OF JACK BODTOFUER 072606/MG
37
7/20/2006
PETITIONER'S OBJECTIONS AND MOTION TO STRIKE RESPONDENTSMOTION TO COMPEL 072106/MG
36
7/20/2006
NOTICE OF DEPO OF JACK BODTOFUER SEE PAPER 50 080706-AH
35
7/17/2006
NOTICE OF HEARING SET FOR 8/8/06 - 071806/MG
34
7/11/2006
MOTION TO COMPEL 071306/MG
33
7/10/2006
PETITIONER'S NOTICE TO COURT REPORTER ON PROPER BILLINGFOR TIME LOST DIE TO MISSED DEPO 071206/MG
32
7/10/2006
PETITIONER'S NOTICE OF MISPLACED CASE FILE AND OFVACATION FOR REMAINDER OF JULY, 2006 071206/MG
31
6/29/2006
PETITIONER'S OBJECTIONS AND MOTION TO STRIKE RESPONDENTSNOTICE OF DEPO DUCES TECUM OF DWIGHT HINES 063006-MG
30
6/29/2006
NOTICE OF ADDRESS CHANGE 063006-MG
29
6/28/2006
PETITIONER'S NOTICE OF HEARING ON INJUNCTION ANDSELECTED MOTIONS 062906-MG
28
6/26/2006
PETITIONER'S MOTION FOR COSTS FOR RESPONDENTS' BADFAITH AFFIDAVITS AND MEMORANDUM OF LAW 062806/MG
27
6/22/2006
REPONDENT'S NOTICE OF DEPOTITION DUCES TECUM 06206SV
26
6/8/2006
LTR FROM EAKIN & SNEED TO DR HINES DTD 7JUN06 -060906/LBS
25
6/6/2006
PETITIONER'S MOTION TO STRIKE RESPONDENTS' MOTION FORSUMMARY JUDGMENT BASED ON LETHAL ERRORS OF RULES, LAWSAND FACTS, AND PETITIONER'S VERIFIED MOTION FOR SUMMARYJUDGMENT 060806/MG
24
6/5/2006
LETTER TO DR. HINES FROM ROBIIN H. UPCHURCH 060706/MG
23
5/26/2006
RESPONDENTS' MOTION FOR SUMMARY JUDGMENT 053106/MG
22
5/26/2006
LETTER FROM ROBIN H. UPCHURCH TO DR. HINES DATED 5/25/06053106/MG
21
5/23/2006
NOTICE OF PRODUCTION TO MICHELLE PINKEL, TRACY HARTMAN,SIDNEY ANSPACHER, ROBIN UPCHURCH 052406-AH
20
5/22/2006
PETITIONER'S MEMORANDUM OF LAW ON INEXTRICABLEINTERWINING IN SUPPORT OF ENJOINING RESPONDENTS'COMPLIANCE WITH CHAPTER 119, FLA. STAT. (2005) ANDOPPOSED TO RESPONDENTS' MOTION TO DISMISS 052206/MG
19
5/18/2006
PETITIONER'S NOTICE OF CITY OF ST. AUGUSTINE'S RESPONSETO FLORIDA DEPT. OF ENVIRONMENTAL PROTECTION'S CRIMINALINVESTIGATION OF CITY'S ILLEGAL DUMPING ET AL 051906/MG
18
5/11/2006
PETITIONER'S MOTIONS OPPOSING RESPONDENTS' DEFENSESAND MOTIONS AND TO ENJOIN RESPONDENTS' COMPLIANCE WITHCHAPTER 119, FLA.STAT. (2005) 051506-MG
17
5/5/2006
FAXED ORDER ON RESPONDENTS' MOTION TO CONTINUE HEARINGON INJUNCTION, COMPULSORY JUDICIAL NOTICES AND MOTIONFOR SUMMARY JUDGMENT/050906-BC
16
5/4/2006
PETITIONER'S NOTICE OF ATTEMPTS TO RETAIN ATTY, MEDIAAND FIRST AMENDMENT AMICI 050806/MG
15
5/3/2006
RESPONDENTS' MOTION TO CONTINUE HEARING ON INJUNCTION,COMPULSORY JUDICIAL NOTICES, AND MOTION FOR SUMMARYJUDGMENT 050806/MG
14
5/2/2006
RESPONDENTS' MOTIONS DIRECTED TO PETITIONER'S PETITIONFOR TEMPORARY INJUNCTION, DECLARATORY RELIEF ANDPERMANENT INJUNCTION AND ANSWER AND AFFIRMATIVEDEFENSES 050406/MG
13
5/2/2006
RESPONDENTS' RESPONSE TO PETITIONER'S MOTION FORPRIORITY HEARING STATUS 050406/MG
12
5/1/2006
NOTICE OF HEARING ON INJUNCTION, COMPULSORY JUDICALNOTICES, AND MOTION FOR SUMMARY JUDGMENT SET FOR5/10/06 - 050406/MG
11
5/1/2006
PETITIONER'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FORPRIORITY HEARING STATUS 050406/MG
10
4/27/2006
PETITIONER'S MOTION FOR COMPULSORY JUDICIAL NOTICE OFEXISTENCE OF CITY RECORDS PREVIOUSLY DENIED BY CITY/050206-BC
9
4/27/2006
PETITIONERS MEMO OF LAW SUPPORTING MOTION FORCOMPULSORY JUDICIAL NOTICE OF FACTS PREVIOUSLY DENIEDBY CITY/050206-BC
8
4/17/2006
PETITIONER'S MOTION FOR COMPULSORY JUDICIAL NOTICE OF NODAUBERT-FRYE CONFLICT ET AL 042106/MG
7
4/17/2006
PETITIONER'S MEMORANDUM OF LAW SUPPORTING MOTION FORCOMPULSORY JUDICIAL NOTICES OF DOCUMENTS AND INTERNETSOURCES IN PETITIONER'S EXHIBITS 042106/MG
6
4/12/2006
SUMS TO WILLIAM B. HARRISS AKA BILL,CITY MGR OF STAUGUSTINE RTD 4/11/06 SRVD 041906-AH
5
4/12/2006
SUMS TO TIM BURCHFIELD CHIEF ADMIN. OFFICER RTD 4/11/06041906-AH
4
4/12/2006
SUMS TO CITY OF ST AUGUSTINE RTD 4/11/06 SRVD 041906-AH
3
4/11/2006
PETITIONERS MOTION FOR PRIORITY HEARING STATUS 041106DLB
2
4/11/2006
CIVIL COVER SHEET 041106/DLB
1
4/11/2006
PETITION FOR TEMPORARY INJUNCTION, DECLARATORY RELIEFAND PERMANENT INJUNCTION SUMS ISS/DEL TO SJSO 041106DLB
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