Monday, November 27, 2017

DAVID BRADFIELD, St. Augustine Beach City Commission applicant, filed incomplete, unsigned application, with no letter of intent as to why he wanted the gig



DAVID ASHLEY BRADFIELD
applied for St. Augustine Beach Commission seat vacated by resignation of Sherman Gary Snodgrass but did not provide any letter of intent stating why he wants to be a St. Augustine Commissioner
o Firm resume for long-expired LLC filed with handwritten note, signed by PZB Chair and lawyer Ms. Jane West, 
as the only other writing in the record, claiming she was applying "on behalf" of Bradfield, without any letter of intent stating the reasons for interest in the job!
o Florida real estate "Sales Associate" license no. 61642 since 1994

See correspondence below on my Open Records request No. 2017-646:



-----Original Message-----
From: Ed Slavin
To: janewestlaw ; db
Cc: jpwilson ; comrobrien ; comugeorge ; commengland ; commkostka ; hardwickra ; mroyle ; braddatz ; pat.gleason
Sent: Tue, Nov 28, 2017 8:03 am
Subject: Re: Request No. 2017-646: David Ashley Bradfield's "application" for St. Augustine Beach Commission vacancy incomplete, noncompliant, possibly ultra vires?

Dear Ms. West:
1. Did real estate salesman and former City of St. Augustine Beach PZB Vice Chair David Bradfield: 
(a) take a vacation in Costa Rica, then 
(b) hire you as his lawyer to apply on his behalf for a vacant seat on Commission?
2. Why did you then file on Mr. Bradfield's behalf with the City of St. Augustine Beach a firm resume for Design Build Logistics, LLC, his company, which lost its Florida corporate charter in 2010 for his failure to provide renewal paperwork?
3   Why was that filing unadorned by any mandatory required explanation of his interest in the job of City Commissioner?   
4. Why should we consider this filing responsive?  Mr. Bradfield had a duty to comply with the City of St. Augustine's rules. 
5.  Is Mr. Bradfield's Design Build Logistics LLC operating illegally without a charter?
6. Did any City Commissioners ask Mr. Bradfield to apply for the vacant Commission seat?  Did you?
7. Why was there no timely filing of a letter of interest explaining his interest in the job? 
8. Why did you file a firm resume for his former LLC, which ceased to exist seven years ago?
9. Please send me any evidence of your current, past and planned legal representation of David Bradfield.
10. Please send me copies of any legal ethics opinions on the efficacy of the PZB chair representing the former PZB chair in an effort to have him appointed to the City Commission without complying with its bare minimum procedural requirements.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998

-----Original Message-----
From: Ed Slavin
To: jpwilson ; comrobrien ; comugeorge ; commengland ; commkostka ; hardwickra
Sent: Mon, Nov 27, 2017 8:20 pm
Subject: Re: Request No. 2017-646: David Ashley Bradfield's "application" for St. Augustine Beach Commission vacancy incomplete, noncompliant, possibly ultra vires?





Dear Mr. Wilson:
1. So do you really think that Mr. David Ashley Bradfield, the only candidate who did not write a letter of interest, is somehow excused because you "understand" that he was "in Costa Rica?"  
2. That flippant answer is, at best, facetious.  
3. When did Bradfield depart for Costa Rica?  When did he return?  
4. Please provide all documents, including his airline tickets, itinerary and the address of his propert(ies) in Costa Rica.  
5. Mr. Bradfield has access to the Internet, telephones and fax machines at his Costa Rican propert(ies), correct?
6. Mr. Bradfield knew of the November 22, 2017 5 PM deadline before his departure, correct?  
7. Mr. Bradfield talked at the podium at the November 6, 2017 City Commission meeting and received an award.  
8. Mr. Bradfield had actual and constructive notice of the deadline to write a statement of interest, correct?
9. Mr. Bradfield (who is immediate past Vice Chair of the PZB), hired none other than Ms. West, the Chair of the PZB, to hand-write a note to excuse his noncompliant application?   
10. Did Ms. West hand-write her note as Mr. Bradfield's lawyer, as PZB chair or both?  
11. Does Ms. West now represent him on other matters?  Which ones?  Has she ever represented him in the past?  On what matters?
12. Conflict of interest?  Appearance of impropriety?  
13. How many other City board members have business relations with each other?  Please provide spreadsheet.

14. You think that a third party, PZB  Chair Jane West, hastily writing a one-sentence handwritten note (resembling a gym excuse for a school child) -- not a statement of interest --  mutatis mutandis, mirabile dictu, somehow magically converts itself into a substitute for the required statement of interest from the actual candidate explaining why he wants the job?   
15. Jim, you appear to be driving under the inference.  This is not quality legal work.  
16. You strain to reach a predetermined outcome, possibly showing favoritism.
17. Please state what conversations you've had and with whom today, providing all notes and research about this issue.
18. Instead of providing objective legal research, you emit a ukase.  This is unworthy of you, Jim.  
19. What external pressures led the St. Augustine Beach City Attorney to lob third-rate legal legerdemain in the defense of the indefensible?  What would Lincoln Steffens say? 
20. Does anyone really suppose that Mr. Bradfield is excused from the legal requirement to state his reasons for wanting a City Commission seat by:

(a) taking vacation; and 

(b) hiring a lawyer? 



21. Did Mr. Bradfield once brag at a PZB meeting, on the record, about his work for developer Jay McGarvey, stating he worked on McGarvey's behalf to "cheat the Code," as he stated developers do all the time? 
22. Mr. Wilson, Mayor, Vice Mayor, Commissioners and Chief Hardwick: Please perform a background investigation on all candidates. 
23. Will you please ask all candidates to file financial disclosures this week, and make them available to the public on December 1, 2017 in time for research and investigation before the December 4, 2017 City Commission meeting?
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Jim Wilson <jpwilson@cityofsab.org>
To: Ed Slavin <easlavin@aol.com>; Comm O'Brien <comrobrien@cityofsab.org>; Comm George <comugeorge@cityofsab.org>; Comm England <commengland@cityofsab.org>; Comm Kostka <commkostka@cityofsab.org>; Robert Hardwick <hardwickra@sabpd.org>
Cc: Max Royle <mroyle@cityofsab.org>; Beverly Raddatz <braddatz@cityofsab.org>
Sent: Mon, Nov 27, 2017 2:35 pm
Subject: Re: Request No. 2017-646: David Bradfield "application" incomplete, noncompliant, possibly ultra vires?

It is my understanding that Mr. Bradfield was in Costa Rica and asked his attorney to file the application so the deadline for the application could be met.  If an attorney states that they (sic) represent a client, it would be an ethical violation to do so without that client's approval so there is no need to ask for written authorization by the client. An attorney's contract with a client does not need to be in writing and if it is in writing, it is protected by lawyer-client privilege and cannot be revealed without the client's approval.  So, there are no documents responsive to your request.

Otherwise, so long as the deadline was met and the applicants meet the City's Code requirements to serve as a commissioner, the Commission has the sole discretion to determine the relative qualifications of the candidates and who shall serve to fill the position. 


-----Original Message-----
From: Ed Slavin
To: comrobrien ; comugeorge ; commengland ; commkostka ; hardwickra
Cc: jpwilson ; mroyle ; braddatz ; pat.gleason
Sent: Mon, Nov 27, 2017 12:41 pm
Subject: Re: Request No. 2017-646: David Bradfield "application" incomplete, noncompliant, possibly ultra vires?

Dear Mayor, Vice Mayor, Commissioners and Chief Hardwick:
1. Please answer my request number 2017-646, in the event that you have documents or answers.  Ms. Raddatz has found none.
2. Commissioners, at the December 4, 2017 meeting, please be prepared to discuss/resolve two threshold issues: 

A. Do you agree that Mr. Bradfield failed to comply with SAB's posted rules, requiring inter alia:
"a letter of interest stating why they want to serve on the Commission to the City Manager by 5 p.m., Wednesday, November 22, 2017?"  (Emphasis added).

B. Do you agree that PZB Chair and attorney Ms. Jane West's incomplete putative "application" for Mr. Bradfield was ultra vires, as there is apparently no evidence in the record that she was authorized to apply for Mr. Bradfield?  Please see City of St. Augustine Beach's response to items 1-3 from Ms. Raddatz (below).

Thank you.

With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998







-----Original Message-----
From: Beverly Raddatz <braddatz@cityofsab.org>
To: Ed Slavin <easlavin@aol.com>
Cc: Jim Wilson <jpwilson@cityofsab.org>
Sent: Mon, Nov 27, 2017 12:10 pm
Subject: RE: Request No. 2017-646: David Bradfield application

Mr. Slavin:

After a reasonable review of Items 1-3, the City has found no records responsive to your request.  Item #4 is not a public records request.

Sincerely,

Beverly Raddatz, MMC
City Clerk
City of St. Augustine Beach
2200 A1A South
St. Augustine Beach, FL 32080
(904) 471-2122  FAX (904) 471-4108

Confidentiality Notice: This Email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited, and that you have received this E-Mail and any accompanying files in error. You should notify the City of St. Augustine Beach immediately by replying to this message and deleting them from your system. City of St. Augustine Beach does not accept responsibility for changes to E-Mails that occur after they have been sent.



From: Ed Slavin [mailto:easlavin@aol.com
Sent: Monday, November 27, 2017 10:56 AM
To: Max Royle <mroyle@cityofsab.org>; Jim Wilson <jpwilson@cityofsab.org>; Beverly Raddatz <braddatz@cityofsab.org>
Subject: Request No. 2017-646: David Bradfield application

Dear Ms. Raddatz and Messrs. Wilson and Royle:
1. Please send me any evidence that Realtor® David Bradfield ever authorized attorney and PZB chair Jane West to file his firm resume and her handwritten note as his/her putative "application" for the vacant seat on St. Augustine Beach City Commission, to be decided at the December 4, 2017 meeting.  
2. Is there any retainer agreement, designation of representative form, agency/partnership agreement, letter, e-mail or any other indicia that Ms. West's fax was authorized by Mr. Bradfield?  If so, please send.
3. Is there any explanation for Mr. Bradfield's apparently disqualifying failure to meet the November 22, 2017 deadline with an actual signed letter of intent?  If so, please send.
4. Does anyone contend that the unsigned putative "application" followed the rules?
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998





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