Wednesday, October 19, 2016

ST. AUGUSTINE BEACH MAYOR RICH O'BRIEN MUM ON INJUNCTION AGAINST GOVERNMENT WATCHDOG TOM REYNOLDS




Florida law forbids Strategic Lawsuits Against Public Participation (SLAPP). Did Mayor RICHARD O'BRIEN of St. Augustine Beach violate that law, exposing himself to court-ordered attorney fees and damages in his retaliatory injunction filed against government watchdog Thomas F. Reynolds, Jr. for "stalking?":

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.
(2) As used in this section, the phrase or term:
(a) “Free speech in connection with public issues” means any written or oral statement that is protected under applicable law and is made before a governmental entity in connection with an issue under consideration or review by a governmental entity, or is made in or in connection with a play, movie, television program, radio broadcast, audiovisual work, book, magazine article, musical work, news report, or other similar work.
(b) “Governmental entity” or “government entity” means the state, including the executive, legislative, and the judicial branches of government and the independent establishments of the state, counties, municipalities, corporations primarily acting as instrumentalities of the state, counties, or municipalities, districts, authorities, boards, commissions, or any agencies thereof.
(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.
(4) A person or entity sued by a governmental entity or another person in violation of this section has a right to an expeditious resolution of a claim that the suit is in violation of this section. A person or entity may move the court for an order dismissing the action or granting final judgment in favor of that person or entity. The person or entity may file a motion for summary judgment, together with supplemental affidavits, seeking a determination that the claimant’s or governmental entity’s lawsuit has been brought in violation of this section. The claimant or governmental entity shall thereafter file a response and any supplemental affidavits. As soon as practicable, the court shall set a hearing on the motion, which shall be held at the earliest possible time after the filing of the claimant’s or governmental entity’s response. The court may award, subject to the limitations in s. 768.28, the party sued by a governmental entity actual damages arising from a governmental entity’s violation of this section. The court shall award the prevailing party reasonable attorney fees and costs incurred in connection with a claim that an action was filed in violation of this section.
(5) In any case filed by a governmental entity which is found by a court to be in violation of this section, the governmental entity shall report such finding and provide a copy of the court’s order to the Attorney General no later than 30 days after such order is final. The Attorney General shall report any violation of this section by a governmental entity to the Cabinet, the President of the Senate, and the Speaker of the House of Representatives. A copy of such report shall be provided to the affected governmental entity.
History.—s. 1, ch. 2000-174; s. 1, ch. 2015-70.



-----Original Message-----
From: Ed Slavin
To: comrobrien ; mroyle ; hardwickra ; parkerja ; braddatz ; serdelyi ; jimwil03 ; comasamuels ; comugeorge ; comsgsnodgrass ; commengland ; BillCurtis
Sent: Tue, Oct 18, 2016 12:30 pm
Subject: Re: Request No. 2016-420: St. Augustine Beach Mayor Richard O'Brien's Illegal SLAPP Lawsuit -- Injunction Against Thomas F. Reynolds, Jr. Barring Him From City Hall

Dear Mayor O'Brien:
1. Please respond to my questions about your alleged pollution without permits or notification of federal authorities. 
2. Does the City of St. Augustine Beach, its Commissioners and Managers endorse your illegal SLAPP lawsuit?
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: comrobrien <comrobrien@cityofsab.org>; mroyle <mroyle@cityofsab.org>; hardwickra <hardwickra@sabpd.org>; parkerja <parkerja@sabpd.org>; braddatz <braddatz@cityofsab.org>; serdelyi <serdelyi@marksgray.com>; jimwil03 <jimwil03@yahoo.com>; comasamuels <comasamuels@cityofsab.org>; comugeorge <comugeorge@cityofsab.org>; comsgsnodgrass <comsgsnodgrass@cityofsab.org>; commengland <commengland@cityofsab.org>
Sent: Mon, Oct 17, 2016 1:51 pm
Subject: Re: Request No. 2016-420: National Response Center Report No. 1161722, any NPDES & Section 404 permits for ocean pollution by GRACIE HOLDING LLC, BEACH DEVELOPMENT LLC, LaFiesta, 810 AIA Beach Blvd



Dear Mayor O'Brien, et al.
1. Did you, your wife Lauren and your LaFiesta Inn and Suites have a permit when your employees began this dumping?
2. Have you ever applied for a permit for such dumping, which allegedly destroyed a dune?
3. Have you consulted any environmental lawyer or criminal defense attorney?  Who? 
4. Are you relying upon your Fifth Amendment privilege against self-incrimination to avoid answering my Request No. 2016-420?  
5. Governments do not have Fifth Amendment rights -- only people.
6. You as a person may have the right to remain silent, but we sincerely wish you wouldn't.
7. The public interest in your actions affecting our beach and ocean requires full disclosure.  Now.  The election is on November 8th.
8. Will you please respond to my Request No. 2016-420 before 4 PM?
9. Mr. Tom Reynolds has filed National Response Center Report No. 1161722.
10. Please preserve all city, corporate and personal records for review by the Criminal Investigation Division (CID) of the U.S. Environmental Protection Agency and by the Florida Department of Environmental Protection.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: public.services <public.services@dep.state.fl.us>; foia-saj saj@usace.army.mil
>; comrobrien <comrobrien@cityofsab.org>; mroyle <mroyle@cityofsab.org>; hardwickra <hardwickra@sabpd.org>; dshoar <dshoar@sjso.org>; mwanchick <mwanchick@sjcfl.us>; pmccormack <pmccormack@sjcfl.us>; jimwil03 <jimwil03@yahoo.com>; cmulligan <cmulligan@sjso.org>; mcline <mcline@sjso.org>; NRC <NRC@uscg.mil>
Sent: Sun, Oct 16, 2016 11:13 pm
Subject: Request No. 2016-420: NPDES & Section 404 permits for ocean pollution by GRACIE HOLDING LLC, BEACH DEVELOPMENT LLC, LaFiesta, 810 AIA Beach Blvd
Good evening:

1. Please send copies of any NPDES, Section 404 or other environmental permits applied for or obtained by, or notifications made by or on behalf of:
GRACIE HOLDING LLC,
BEACH DEVELOPMENT LLC,
d/b/a "LaFiesta Ocean Inn and Suites," owned and controlled by St. Augustine Beach Mayor Richard O'Brien and his wife Lauren Ringhaver, to discharge thousands of gallons of alleged pollutants, from their resort location at 810 A1A Beach Blvd, St. Augustine Beach, Florida 32080, October 8, 2016 to the date of your response:
A.  onto our St. Augustine Beach; or
B.  into our Atlantic Ocean; or 
C.  into local sewers or storm sewers.
2. Please send me any legal research, federal police or sheriff or local prosecutor investigations, reports, correspondence, photo or video surveillance or documentation concerning:
A.  the nature, extent, effects, chemical and biological composition, and resolution of the alleged pollution; and 
B.  citizen protected activity in reporting the alleged pollution to SABPD, et al.
C. SABPD referrals to FDEP, EPA, the State's Attorney, Sheriff, or any environmental crimes unit.
3. Please be sure to include any communications with, investigations of, or interactions with local government watchdog Thomas F. "Tom" Reynolds, Jr. in response to Mr. Reynolds' protected activity under the First and Ninth Amendments and environmental law, to make reports of alleged pollution, whether by SAPD, county, city, security, legal or other personnel.
4. Please respond to me by Noon on October 17, 2016.
5. Mayor O'Brien and St. Augustine Beach Commissioners:
A. Please place Mr. Reynolds' specific beach and ocean pollution concerns on the St. Augustine Beach City Commission meeting agenda on October 17, 2016 at 6 PM.  
B. Please place the public's reasonable expectations of probity, and maladroit SAB and SABPD responses to citizen and employee protected activity on pollution concerns on a future Commission agenda. SAB is a customer service organization and must act like one. 
C. You will kindly recall that circa 2011, St. Augustine Beach Commission voted to reject my modest proposal for a whistleblower policy, patterned after the one unanimously adopted by Anastasia Mosquito Control Commission of St. Johns County.
D. Never again should our citizens perceive they are being discouraged, intimidated or given inaccurate, misleading, discouraging, false or intimidating misinformation in response to pollution concerns, which must be acted upon without fear or favor of influential persons.
E. Please make the overhead projector available during the October 17, 2016 6 PM meeting so that Mr. Tom Reynolds, et al may share color photographs of the alleged pollution in quo, and to question Chief Robert Hardwick, Commander James Parker and Mayor Richard O'Brien about the events of October 8-16, 2016 at the 810 A1A Beach Blvd property.
F. Please direct the City's Information Technology staff to make certain that all available photos and videotapes will be viewable in the meeting room and to viewers of the meeting on cable television and internet streaming video during the meeting.
G. Please cease and desist from any perceived efforts by SAB, SABPD, et al. to chill, coerce, intimidate or retaliate against Mr. Reynolds' protected activity in reporting alleged ocean pollution by the Mayor of St. Augustine Beach, Florida, Mr. Richard O''Brien, his wife and their corporations.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
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