St. Augustine Beach Mayor RICHARD O'BRIEN et ux want to build two McMansions. They were turned down Tuesday, March 22, 2016, by 4-2 vote of the Planning and Zoning Board. Not a hint of this in the St. Augusitne Record's March 27, 2016 article on St. Augustine Beach:
St. Augustine Beach feels growing pains
Posted: March 26, 2016 - 11:38pm | Updated: March 27, 2016 - 12:17am
By JARED KEEVER
jared.keever@staugustine.com
With the economy recovering, some St. Augustine Beach residents have begun voicing concerns about the associated growth and development that they fear is encroaching on the quality of life they enjoy in a small beachside community.
At a special meeting Wednesday at City Hall, members of the City Commission, the Planning and Zoning Board and the Tree Board, met with two recently hired land-planning consultants to discuss some of those concerns and hear feedback from residents who attended.
Craig Thomson, who sits on the Tree Board and spoke at Wednesday’s meeting, said one of the things he is most concerned about is an ordinance adopted in 2013 that reduced setbacks on residential lots.
Thomson said in a Thursday phone interview he’s afraid the changes have allowed for the building of larger, vacation-rental homes that are “destroying the character and livability of the neighborhood.”
One of the changes reduced 10-foot side setbacks by 2 1/2 feet and reduced front and back setbacks from 25 to 20 feet, Thomson said.
That “blew the doors open for ‘McMansions,’” Beach resident Joe Foster said Thursday.
Foster also spoke at Wednesday’s meeting and invited Lindsay Haga, one of the consultants who ran the meeting, to spend some time driving the residential streets of the city to get a feel for the eclectic character of the neighborhoods.
It was something Haga said she would do.
Foster said Thursday he moved to St. Augustine Beach from California about seven years ago. He lives on C Street.
“I live in a beach cottage,” he said over the phone. “I love it.”
Beach cottages are what belong on the city's small residential lots and contribute to the character of the neighborhood he loves, he said. Attracted to the area by the prospect of warm-water surfing in his retirement, Foster said he loves that he lives on a street of affordable homes filled, mostly, with young families.
“It’s kind of like living in the ‘Wonder Years,’” he said.
He fears that can change if larger homes continue to be built.
Thomson, who he has lived on D Street for about 20 years, said he has a “philosophical issue” with the setback changes and what they mean for his own property and the property of other long-time residents.
“What we bought at the time and how we developed it hasn’t been protected by the city fathers,” he said.
Mayor Rich O’Brien said Thursday it is a concern he is well aware of and one of many issues he and the commissioners hope to address with the consultants.
The City Commission voted in February to hire the Northeast Florida Regional Council for just over $43,000. The NEFRC will help the city review its land development regulations and ensure that they are working in concert with city’s comprehensive plan, vision plan and charter, O’Brien said on the phone. He expects the advisory process to take about six months.
Haga, a consultant working for the NEFRC, and Brian Teeple, CEO of the NEFRC, listened Wednesday as city officials and residents mentioned other items they would like addressed as part of that process.
Managing growth, ensuring quality of life for residents, and creating a vibrant A1A Beach Boulevard corridor were the overall themes, but parking was a single issue that drew a lot attention.
Officials and residents both acknowledged that the addition of new businesses like the Salt Life Food Shack and the Courtyard by Marriott have put pressure on parking at the beach.
So, too, has the influx of visitors and new residents associated with that growth and the improving business environment.
David Bradfield, vice chairman of the Planning and Zoning Board, said a main source of frustration for residents is a lack of parking at the pier these days. That’s a direct result of the growth, he said.
“I think right now the parking at the pier is pretty obviously being at least a third to 50 percent used by Salt Life restaurant,” Bradfield said at the meeting.
Because the city allowed the project to be built with fewer parking spaces than would typically be required for a restaurant of its size, employees and patrons are forced to use public parking, he said.
“The parking lot lacks 56 spaces it is required to have,” Bradfield said. “So, of course, where do they park when they don’t have the ability to park there? They park at the pier.”
O’Brien acknowledged the problem Thursday but said he felt Salt Life was a good addition to A1A Beach Boulevard and credited the owners with leasing adjacent lots for parking to help relieve some of the pressure on the pier lot.
The restaurant offers free valet parking to its customers.
“The quality of life of our residents is at the top of our lists, including parking,” O’Brien said.
As for the Marriott property, he said the hotel management is still required to develop an additional parking lot to accommodate visitors using its 5,000-square-foot banquet room.
While that will keep people from parking along side streets or clogging public lots, it also introduces a new challenge for the City Commission, which is trying to keep up with the development and increased traffic.
“The last thing people want to see is our city be parking lot after parking lot,” O’Brien said.
Many also don’t want to see A1A Beach Boulevard lined with high-rise hotels.
One of the first orders of business for the NEFRC will be going over a pending height ordinance that will spell out the starting point from which to measure building heights.
In 2014, residents voted in a charter amendment that limited building heights in the city to 35 feet, with an additional 10 feet allowed for “architectural features.”
The issue came up again in June when the Planning and Zoning Board approved the building of a 53-foot Embassy Suites hotel that many felt exceeded that limit.
Officials argued then that because the building must be elevated for flood insurance purposes, measuring the 35 feet should start at the first floor of habitable space.
Since then, the City Commission has held lengthy discussions about whether insurance considerations should be used in determining building height. Earlier this year, the commissioners agreed to have City Attorney Doug Burnett draft an ordinance that would dictate that building height should be measured from established or adjacent grade.
The Commission has since postponed adopting the ordinance, opting instead to let the NEFRC weigh in on its language.
Foster, who said he has witnessed sleepy California beach towns transformed by unchecked growth, is hopeful St. Augustine Beach can make the necessary adjustments before it is too late.
While he said he is not “against development,” he also wants to be sure the growth doesn’t squeeze out the residents.
“This place is on the threshold of losing what brought everybody here,” Foster said.
Saturday, March 26, 2016
HCN column: Stand up to official oppression
Guest Column: Time for everyone to say “enough”
ED SLAVIN
Ed Slavin
St Augustine, FL
St Augustine, FL
St. Augustine has come a ways from the days of Jim Crow segregation, but official oppression still persists.
On April 11, 2005, I spoke for the first time to the St. Augustine City Commission about civil rights concerns over illegal annexations and Fifteenth Amendment violations.
Then-City Manager William B. Harriss barked at me after the meeting, saying “I could have you arrested for disorderly conduct!”
There have been dozens of victories that include the cleanup of a landfill the city dumped in a lake, state fines, Rainbow flags on the Bridge of Lions, election of Mayor Nancy Shaver, protection of Fish Island, halting numerous inappropriate developer projects and creation of the Dr. Robert S. Hayling Freedom Park to be dedicated April 22.
Now, let us permanently end the lawless culture of fear, smear, retaliation, secrecy and corporation-coddling:
- St. Augustine is still following Draconian Harriss-era rules limiting public comment. Local governments are still hassling people on Open Records requests. Public comment must be heard on every single agenda item as it is at St. Augustine Beach, St. Johns County, and the Anastasia Mosquito Control District.
- Government employees deserve strong whistleblower protections.
- Citizens must not be arrested for peaceful picketing, “plein air” painting, or playing music.
- Federal courts have repeatedly ruled the City of St. Augustine is violating the First Amendment in its treatment of our artists. Mayor Nancy Shaver has said “our streets are not lively,” but four Commissioners would not budge. Result? Yet another First Amendment ruling against our City, this time by U.S. District Judge Brian J. Davis. As attorney Tom Cushman wrote in the Record, “Enough.”
- Some city and county government offices disdain Open Records requests. They create inflated, facetious cost estimates and have poor communication skills. Responses from the St. Augustine “Public records custodian” are unadorned by anyone’s real name. This lawbreaking must stop. Now.
- Sheriff David Shoar unsuccessfully tried to have FDLE’s 2009 Special Agent of the Year, Rusty Ray Rodgers, fired in retaliation for his dogged investigation of the September 2, 2010 shooting of Michelle O’Connell in the home of his deputy, Jeremy Banks. Shoar claims the death is a suicide. Rodgers never ruled Banks out as responsible for the death. Rodgers has been reinstated, but bizarrely blacklisted from working cases in St. Johns County. Shoar seethes because the truth was reported by The New York Times, PBS Frontline, Dateline-NBC, Folio Weekly, and Dr. Phil.
Enough Nixonian dirty tricks and rebarbative lawman politics. Enough retaliation, secrecy, mendacity, flummery, dupery and nincompoopery.
What’s next? We are officially a “Compassionate City.”
Speak out. Attend government meetings. Ask questions. Demand answers. Request documents. Expect democracy. Support and encourage honest people to become our next Sheriff, State’s Attorney, City and County Commissioners and state legislators. Say “enough” to corruption. Help foil the devious developer-driven demolition derby of our town and county. Help drive the money-changers out of the temple of our democratic republic.
It’s up to everyone to say “enough.” And let’s finally preserve and protect this glorious, magical, beautiful, special place forever — for your grandchildren and their grandchildren. Let’s enact the St. Augustine National Historical Park and National Seashore (staugustgreen.com), first proposed in 1939 by Mayor Walter Fraser and Senator Claude Pepper, et al.
JOE GARRAGIOLA, R.I.P.
Joe Garragiola, Sr. has died at age 90. One summer, during the Vietnam War, on NBC's Today Show, Garragiola interviewed my dad (Ed Slavin, Sr.) and several other 82nd Airborne Division Association paratroopers from World War II. They were attending their convention, that year in NYC.
Joe Garragiola was a great interviewer, and asked about anti-war protesters. My dad responded proudly, "My son is anti-war." I was thirteen years old. Even though we disagreed at that time on the war, he defended my constitutional rights to speak out. On national television. How cool is that!
OFFSHORE SONAR EXPLORATION RISK EXISTS STILL
Florida environment, tourism remain at risk as companies still want to test
Posted: March 25, 2016 - 9:59pm | Updated: March 25, 2016 - 10:18pm
Back | Next
By EMELIA HITCHNER
emelia.hitchner@staugustine.com
The future of Florida’s eastern coast is still murky, despite last week’s announcement by the Obama administration to bar Atlantic offshore drilling.
The victory highlights the influence of more than 1,000 East Coast businesses and 110 municipalities, according to Erin Handy, the Florida campaign organizer for Oceana.
But Handy said seismic testing and a slow adoption of renewable energy resources still pose imminent threats against environmental well-being.
“We know for a fact that there are still nine seismic blasting applications pending with the Bureau of Ocean Energy Management,” Handy said. “I believe four of those permits would include areas off the coast of Florida.”
Seismic surveys locate and estimate the size of oil and gas reserves using high-decible explosive impulses to test the seafloor. The seismic airgun blasts threaten more than 100,000 marine mammals and cripple fisheries supporting coastal economies.
Handy said private companies are holding out hope for future drilling possibilities and coastal communities must fight to protect their fishing and tourism industries.
Data gathered by Oceana from the Census Bureau and NOAA calculate that fishing, tourism and recreation support more than 281,000 jobs and generate $36 billion in gross domestic product along the Atlantic coast of Florida alone.
“People think if there’s no drilling, there’s no seismic testing, but that’s not true,” Mantanzas Riverkeeper Neil Armingeon said. “We are a tourism and fishing-based economy, so why on earth would we think something that directly threatens the basis of our economy would be a good idea?”
NOAA reported in 2014 there were 68 million recreational fishing trips in the United States with 57 percent of trips and 55 percent of catches occurring along the Atlantic coast.
Armingeon said St. Augustine has been especially vocal in opposition against drilling expansion, which would harm its tourist and fishing appeal.
“St. Johns County is a fairly conservative county, and yet they were one of the first local governments that passed resolutions against drilling and seismic testing,” Armingeon said. “There’s nothing for us in that plan.”
Mayor Nancy Shaver has long supported the idea of a healthier St. Augustine coastline and credits the federal victory to the community.
“We’ve had anti-fracking and anti-seismic testing resolutions in the city, so we know our environment matters,” Shaver said. “The community is very involved. This is a huge part of who we are.”
According to Claire Douglass, Oceana climate and energy campaign director, the coastal grassroots movement significantly trumped the oil industry.
“This is the voice of the people saying, ‘No, we don’t want drilling; we need to protect healthy oceans and protect our billions-dollar tourism and fishing industry,’” Douglass said.
But she added environmental progress has a long way to go and coastal and inland communities must continue to vocalize their opinions.
“The concerns are still the same,” Douglass said. “Cities are looking at the issues of seismic blasting and need to meet about it, put resolutions on the agenda and stand up for what they believe in and think is right.”
COMMENTS
procarp 03/26/16 - 10:32 am 32seismic testing
Take the money they are spending on all this and invest it in solar. We are the sunshine state after all lets live up to it.
Dr.MacMantazas 03/26/16 - 07:09 pm 23Procarp, emphasis on solar and other renewable ventures.....
will not become the focus of governmental funding as long as federal and state legislatures primarily are influenced by funding from the Koch brothers and similar billionaires invested in fossil fuels. The Florida legislature and Governor stand out with their votes definitely in that camp.
Posted: March 25, 2016 - 9:59pm | Updated: March 25, 2016 - 10:18pm
Back | Next
By EMELIA HITCHNER
emelia.hitchner@staugustine.com
The future of Florida’s eastern coast is still murky, despite last week’s announcement by the Obama administration to bar Atlantic offshore drilling.
The victory highlights the influence of more than 1,000 East Coast businesses and 110 municipalities, according to Erin Handy, the Florida campaign organizer for Oceana.
But Handy said seismic testing and a slow adoption of renewable energy resources still pose imminent threats against environmental well-being.
“We know for a fact that there are still nine seismic blasting applications pending with the Bureau of Ocean Energy Management,” Handy said. “I believe four of those permits would include areas off the coast of Florida.”
Seismic surveys locate and estimate the size of oil and gas reserves using high-decible explosive impulses to test the seafloor. The seismic airgun blasts threaten more than 100,000 marine mammals and cripple fisheries supporting coastal economies.
Handy said private companies are holding out hope for future drilling possibilities and coastal communities must fight to protect their fishing and tourism industries.
Data gathered by Oceana from the Census Bureau and NOAA calculate that fishing, tourism and recreation support more than 281,000 jobs and generate $36 billion in gross domestic product along the Atlantic coast of Florida alone.
“People think if there’s no drilling, there’s no seismic testing, but that’s not true,” Mantanzas Riverkeeper Neil Armingeon said. “We are a tourism and fishing-based economy, so why on earth would we think something that directly threatens the basis of our economy would be a good idea?”
NOAA reported in 2014 there were 68 million recreational fishing trips in the United States with 57 percent of trips and 55 percent of catches occurring along the Atlantic coast.
Armingeon said St. Augustine has been especially vocal in opposition against drilling expansion, which would harm its tourist and fishing appeal.
“St. Johns County is a fairly conservative county, and yet they were one of the first local governments that passed resolutions against drilling and seismic testing,” Armingeon said. “There’s nothing for us in that plan.”
Mayor Nancy Shaver has long supported the idea of a healthier St. Augustine coastline and credits the federal victory to the community.
“We’ve had anti-fracking and anti-seismic testing resolutions in the city, so we know our environment matters,” Shaver said. “The community is very involved. This is a huge part of who we are.”
According to Claire Douglass, Oceana climate and energy campaign director, the coastal grassroots movement significantly trumped the oil industry.
“This is the voice of the people saying, ‘No, we don’t want drilling; we need to protect healthy oceans and protect our billions-dollar tourism and fishing industry,’” Douglass said.
But she added environmental progress has a long way to go and coastal and inland communities must continue to vocalize their opinions.
“The concerns are still the same,” Douglass said. “Cities are looking at the issues of seismic blasting and need to meet about it, put resolutions on the agenda and stand up for what they believe in and think is right.”
COMMENTS
procarp 03/26/16 - 10:32 am 32seismic testing
Take the money they are spending on all this and invest it in solar. We are the sunshine state after all lets live up to it.
Dr.MacMantazas 03/26/16 - 07:09 pm 23Procarp, emphasis on solar and other renewable ventures.....
will not become the focus of governmental funding as long as federal and state legislatures primarily are influenced by funding from the Koch brothers and similar billionaires invested in fossil fuels. The Florida legislature and Governor stand out with their votes definitely in that camp.
Halt Official Oppression. Now.
St. Augustine has come a ways from the days of Jim Crow segregation, when Rev. Dr. Martin Luther King, Jr. called St. Augustine "the most lawless city in America" (June 11, 1964 letter). But official oppression still persists.
On April 11, 2005, I spoke for the first time to the St. Augustine City Commission, talking about civil rights concerns (illegal annexations/Fifteenth Amendment). Then-City Manager William B. Harriss barked at me after the meeting, saying “I could have you arrested for disorderly conduct!” Harriss is gone, working for Sheriff David Shoar (who is now under FBI investigation).
There have been dozens of victories, including cleanup of the landfill the city dumped in a lake, state fines, Rainbow flags on the Bridge of Lions, election of Mayor Nancy Shaver, protection of Fish Island, halting numerous inappropriate developer projects and creation of the Dr. Robert S. Hayling Freedom Park (to be dedicated April 22).
Now, let us permanently end the lawless culture of fear, smear, retaliation, secrecy and corporation-coddling:
o St. Augustine is still following Draconian Harriss-era rules limiting public comment. local governments are still hassling people on Open Records requests. Public comment must be heard on every single agenda item as at St. Augustine Beach, St. Johns County, Anastasia Mosquito Control District of St. Johns County (AMCD).
o Government employees deserve strong whistleblower protections (as at AMCD).
o Citizens must not be arrested for peaceful picketing, "plein air" painting or playing music.
o Federal courts have repeatedly ruled the City of St. Augustine is violating the First Amendment in its treatment of our artists. Mayor Nancy Shaver has said "our streets are not lively," but four Commissioners would not budge. Result: yet another First Amendment ruling against our City, this time by U.S. District Judge Brian J. Davis. As attorney Tom Cushman wrote in the Record, "Enough."
o St. Johns County Sheriff David Shoar ignores and disdains Open Records requests. So do some other government offices. The city and county create inflated facetious cost estimates and have poor communication skills. Responses from the St. Augustine "Public records custodian" are unadorned by anyone's real name. This lawbreaking must stop. Now.
o Sheriff David Shoar often retaliates against First Amendment protected activity, including complaints against FDLE's 2009 Special Agent of the Year Rusty Ray Rodgers for dogged investigation of the September 2, 2010 shooting of Michelle O'Connell in the home of Sheriff's Deputy Jeremy Banks, which Shoar claimed to be a "suicide.. Shoar unsuccessfully tried to have Rodgers prosecuted. Shoar unsuccessfully tried to have Rodgers fired. Rodgers is now reinstated, but bizarrely blacklisted from working St. Johns County. Shoar is still obsessing on meaningless minutiae -- flyspecking nitpicking of Rodgers. Why? Scurrilous Shoar has for three years retaliated against Rodgers. Shoar seethes because the truth was reported by The New York Times, PBS Frontline, Dateline-NBC, Folio Weekly, Dr. Phil.
Enough Nixonian dirty tricks and rebarbative lawman politics.
Enough retaliation, secrecy, mendacity, flummery, dupery and nincompoopery.
What's next? We are officially a "Compassionate City."
Speak out. Attend government meetings. Ask questions. Demand answers. Request documents. Expect democracy. Support and encourage honest people to become our next Sheriff, State's Attorney, City and County Commissioners and state legislators. Say "enough" to corruption. Help foil the devious developer-driven demolition derby of our town and county. Help drive the money-changers out of the temple of our democratic republic.
It's up to everyone to say "enough." And let’s finally preserve and protect this glorious, magical, beautiful, special place forever -- for your grandchildren and their grandchildren. Let's enact the St. Augustine National Historical Park and National Seashore (staugustgreen.com), first proposed in 1939 by Mayor Walter Fraser and Senator Claude Pepper, et al.
Happy Easter and Happy Passover. And in the words of Dr. Robert S. Hayling, D.D.S., our City's late civil rights hero, "Never give up!"
Ed Slavin
Box 3084
St. Augustine, Florida 32085
904-377-4998
Inept Political Commentary on WFCF
DR. WILL MILLER, FLAGLER COLLEGE'S MALADROIT, INEXPERT POLI SCI PROF, is also "Director of Institutional Research (sic), Planning, and Effectiveness" (sic)
Flagler College Radio (WFCF-FM, 88.5, "Radio With a Reason") just aired this week's installment of a program called 'The Flagler Files," on which a political scientist (sic), WILL MILLER, spouse of interviewer JILL MILLER showed what he does't know. He mistakenly called national convention delegates "electors" and said Hillary Clinton has it all wrapped up. (REPEATED ON 4/2).
Later today, Senator Bernie Sanders won three more states (Washington, Alaska and Hawaii).
Last week, on March 17th, Los Angles Times columnist Jim McManus perpetrated the same flummery in a Flagler College Forum.
Enough flummery, dupery and nincompoopery from inept political commentators.
DR. WILL MILLER, FLAGLER COLLEGE'S MALADROIT, INEXPERT POLI SCI PROF, is also "Director of Institutional Research (sic), Planning, and Effectiveness" (sic)
Will Miller: Faculty and Staff
Department:
First Year Advisor
Institutional Research
Research, Professional and Creative Activity:
- Published four books examining the Tea Party impact on 2010 elections, scholarly debates in public administration, redistricting, and the 2012 Republican Nomination process.
- Published numerous journal articles related to public opinion (in European Union nations, Pakistan, and Iran), campaign strategy, public policy analysis, and pedagogy. Journals include International Studies Quarterly, PS: Political Science and Politics, Journal of Common Market Studies, Journal of Political Science Education, Journal of South Asian and Middle Eastern Studies, American Behavioral Scientist, Studies in Conflict & Terrorism, and Early Childhood Research & Practice.
- Published over fifteen book chapters and thirty academic encyclopedia entries.
- Quoted as a subject matter expert on political campaigns, public opinion polling, nonprofit board development, nonprofit fundraising, and technology and politics.
- Conducts political polling for nonprofit agencies, governmental bodies, communities, sitting politicians, and candidates for political office.
Professional Profile:
Dr. Will Miller received his Bachelor of Arts Degree in Political Science from the Ohio University Honors Tutorial College and Master of Arts Degree in Political Science from Ohio University. He earned a Master of Applied Politics (focusing on political polling and campaign strategy) from the Ray C. Bliss Institute at the University of Akron and his Ph.D. in Public Administration and Urban Studies, also from the University of Akron.Prior to coming to Flagler, he taught as an Assistant Professor in the Department of Political Science, Philosophy, and Religion at Southeast Missouri State University, along with time at Ohio University and Notre Dame College as a Visiting Assistant Professor. Dr. Miller has advised elected officials, agency administrators, and social service agencies and brings this real world experience to his classes. For example, he recently helped a local agency win a major grant and conducted three need assessments for large nonprofits.
His special interests include campaigns and elections, polling, board development, grant writing, and the pedagogy of political science and public administration.
Teaching and Related Service:
Courses taught:- Organization Behavior
- Grant Writing and Administration
- State and Local Government
- Program Evaluation
- Southeast Missouri State University
- Ohio University
- Notre Dame College
"We're entering a period of consequences."
Nobel Prize winner Albert Gore, Jr. has compared Americans to a dysfunctional family in dealing with environmental issues, quoting Sir Winston Spencer Churchill, who said:
The Government simply cannot make up their minds, or they cannot get the Prime Minister to make up his mind. So they go on in strange paradox, decided only to be undecided, resolved to be irresolute, adamant for drift, solid for fluidity, all-powerful to be impotent.... The era of procrastination, of half-measures, of soothing and baffling expedients, of delays, is coming to its close. In its place we are entering a period of consequences.
The Government simply cannot make up their minds, or they cannot get the Prime Minister to make up his mind. So they go on in strange paradox, decided only to be undecided, resolved to be irresolute, adamant for drift, solid for fluidity, all-powerful to be impotent.... The era of procrastination, of half-measures, of soothing and baffling expedients, of delays, is coming to its close. In its place we are entering a period of consequences.
Florida's Inept Chief Inspector General Stinks On Ice!
1. Ducked and refused to investigate Governor SCOTT's staff recommending discriminatory veto of sewer money for West Augustine.
2. Refused to talk about it.
3. Referred to request for investigation as "concerns," referring underlying facts to other agencies.
4. No investigation.
5. Still no response to Open Records requests for records on veto and the Inspector General.
6. Called me and threatened to charge "fees" for disclosure of mandatory Annual Report.
7. Asked me what I meant by "Annual Report."
8. Delusions of adequacy.
9. Need for spinal implant and independence of corrupt Governor RICHARD LYNN SCOTT.
10. Here's the Florida Inspector General Act.
The 2015 Florida Statutes
Title IV
EXECUTIVE BRANCH
Chapter 20
ORGANIZATIONAL STRUCTURE
View Entire Chapter
20.055 Agency inspectors general.—
(1) As used in this section, the term:
(a) “Agency head” means the Governor, a Cabinet officer, or a secretary or executive director as those terms are defined in s. 20.03, the chair of the Public Service Commission, the Director of the Office of Insurance Regulation of the Financial Services Commission, the Director of the Office of Financial Regulation of the Financial Services Commission, the board of directors of the Florida Housing Finance Corporation, the executive director of the Office of Early Learning, and the Chief Justice of the State Supreme Court.
(b) “Entities contracting with the state” means for-profit and not-for-profit organizations or businesses that have a legal existence, such as corporations or partnerships, as opposed to natural persons, which have entered into a relationship with a state agency to provide for consideration certain goods or services to the state agency or on behalf of the state agency. The relationship may be evidenced by payment by warrant or purchasing card, contract, purchase order, provider agreement, or other such mutually agreed upon relationship. The term does not apply to entities that are the subject of audits or investigations conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or which are otherwise confidential and exempt under s. 119.07.
(c) “Individuals substantially affected” means natural persons who have established a real and sufficiently immediate injury in fact due to the findings, conclusions, or recommendations of a final report of a state agency inspector general, who are the subject of the audit or investigation, and who do not have or are not currently afforded an existing right to an independent review process. The term does not apply to employees of the state, including career service, probationary, other personal service, Selected Exempt Service, and Senior Management Service employees; former employees of the state if the final report of the state agency inspector general relates to matters arising during a former employee’s term of state employment; or persons who are the subject of audits or investigations conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or which are otherwise confidential and exempt under s. 119.07.
(d) “State agency” means each department created pursuant to this chapter and the Executive Office of the Governor, the Department of Military Affairs, the Fish and Wildlife Conservation Commission, the Office of Insurance Regulation of the Financial Services Commission, the Office of Financial Regulation of the Financial Services Commission, the Public Service Commission, the Board of Governors of the State University System, the Florida Housing Finance Corporation, the Agency for State Technology, the Office of Early Learning, and the state courts system.
(2) An office of inspector general is established in each state agency to provide a central point for coordination of and responsibility for activities that promote accountability, integrity, and efficiency in government. It is the duty and responsibility of each inspector general, with respect to the state agency in which the office is established, to:
(a) Advise in the development of performance measures, standards, and procedures for the evaluation of state agency programs.
(b) Assess the reliability and validity of the information provided by the state agency on performance measures and standards, and make recommendations for improvement, if necessary, before submission of such information pursuant to s. 216.1827.
(c) Review the actions taken by the state agency to improve program performance and meet program standards and make recommendations for improvement, if necessary.
(d) Provide direction for, supervise, and coordinate audits, investigations, and management reviews relating to the programs and operations of the state agency, except that when the inspector general does not possess the qualifications specified in subsection (4), the director of auditing shall conduct such audits.
(e) Conduct, supervise, or coordinate other activities carried out or financed by that state agency for the purpose of promoting economy and efficiency in the administration of, or preventing and detecting fraud and abuse in, its programs and operations.
(f) Keep the agency head or, for state agencies under the jurisdiction of the Governor, the Chief Inspector General informed concerning fraud, abuses, and deficiencies relating to programs and operations administered or financed by the state agency, recommend corrective action concerning fraud, abuses, and deficiencies, and report on the progress made in implementing corrective action.
(g) Ensure effective coordination and cooperation between the Auditor General, federal auditors, and other governmental bodies with a view toward avoiding duplication.
(h) Review, as appropriate, rules relating to the programs and operations of such state agency and make recommendations concerning their impact.
(i) Ensure that an appropriate balance is maintained between audit, investigative, and other accountability activities.
(j) Comply with the General Principles and Standards for Offices of Inspector General as published and revised by the Association of Inspectors General.
(3)(a)1. For state agencies under the jurisdiction of the Cabinet or the Governor and Cabinet, the inspector general shall be appointed by the agency head. For state agencies under the jurisdiction of the Governor, the inspector general shall be appointed by the Chief Inspector General. The agency head or Chief Inspector General shall notify the Governor in writing of his or her intention to hire the inspector general at least 7 days before an offer of employment. The inspector general shall be appointed without regard to political affiliation.
2. Within 60 days after a vacancy or anticipated vacancy in the position of inspector general, the agency head or, for agencies under the jurisdiction of the Governor, the Chief Inspector General, shall initiate a national search for an inspector general and shall set the salary of the inspector general. In the event of a vacancy in the position of inspector general, the agency head or, for agencies under the jurisdiction of the Governor, the Chief Inspector General, may appoint other office of inspector general management personnel as interim inspector general until such time as a successor inspector general is appointed.
3. A former or current elected official may not be appointed inspector general within 5 years after the end of such individual’s period of service. This restriction does not prohibit the reappointment of a current inspector general.
(b) The inspector general shall report to and be under the general supervision of the agency head and is not subject to supervision by any other employee of the state agency in which the office is established. For state agencies under the jurisdiction of the Governor, the inspector general shall be under the general supervision of the agency head for administrative purposes, shall report to the Chief Inspector General, and may hire and remove staff within the office of the inspector general in consultation with the Chief Inspector General but independently of the agency.
(c) For state agencies under the jurisdiction of the Cabinet or the Governor and Cabinet, the inspector general may be removed from office by the agency head. For state agencies under the jurisdiction of the Governor, the inspector general may only be removed from office by the Chief Inspector General for cause, including concerns regarding performance, malfeasance, misfeasance, misconduct, or failure to carry out his or her duties under this section. The Chief Inspector General shall notify the Governor in writing of his or her intention to remove the inspector general at least 21 days before the removal. For state agencies under the jurisdiction of the Governor and Cabinet, the agency head shall notify the Governor and Cabinet in writing of his or her intention to remove the inspector general at least 21 days before the removal. If the inspector general disagrees with the removal, the inspector general may present objections in writing to the Governor within the 21-day period.
(d) The Governor, the Governor and Cabinet, the agency head, or agency staff may not prevent or prohibit the inspector general from initiating, carrying out, or completing any audit or investigation.
(4)(a) To ensure that state agency audits are performed in accordance with applicable auditing standards, the inspector general or the director of auditing within the inspector general’s office shall possess the following qualifications:
1. A bachelor’s degree from an accredited college or university with a major in accounting, or with a major in business which includes five courses in accounting, and 5 years of experience as an internal auditor or independent postauditor, electronic data processing auditor, accountant, or any combination thereof. The experience shall at a minimum consist of audits of units of government or private business enterprises, operating for profit or not for profit; or
2. A master’s degree in accounting, business administration, or public administration from an accredited college or university and 4 years of experience as required in subparagraph 1.; or
3. A certified public accountant license issued pursuant to chapter 473 or a certified internal audit certificate issued by the Institute of Internal Auditors or earned by examination, and 4 years of experience as required in subparagraph 1.
(b) For agencies under the jurisdiction of the Governor, the inspector general shall be selected on the basis of integrity, leadership capability, and experience in accounting, auditing, financial analysis, law, management analysis, program evaluation, public administration, investigation, criminal justice administration, or other closely related field. The inspector general is subject to a level 2 background screening pursuant to chapter 435. The inspector general shall have a 4-year degree from an accredited institution of higher learning or have at least 5 years of experience in at least one of the following areas:
1. Inspector general.
2. Supervisory experience in an office of inspector general or an investigative public agency similar to an office of inspector general.
3. Local, state, or federal law enforcement officer.
4. Local, state, or federal court judge.
5. Senior-level auditor or comptroller.
6. The administration and management of complex audits and investigations.
7. Managing programs for prevention, examination, detection, elimination of fraud, waste, abuse, mismanagement, malfeasance, or misconduct in government or other organizations.
An advanced degree in law, accounting, public administration, or other relevant field may substitute for 1 year of required experience.
(c) The inspector general shall possess at appointment, or obtain within the first year after appointment, a certification from the Association of Inspectors General as a certified inspector general. The inspector general must have one or more other professional certifications, such as certified inspector general investigator, certified inspector general auditor, certified public accountant, certified internal auditor, certified governmental financial manager, or certified fraud examiner, certified financial crimes investigator or other related certification, or be a licensed attorney.
(d) The inspector general may not hold, or be a candidate for, an elective office of the state or a municipality, county, or other political subdivision of the state while inspector general, and a current officer or employee of an office of inspector general may not hold, or be a candidate for, an elective office of the state or a municipality, county, or other political subdivision of the state. The inspector general may not hold office in a political party or political committee. An employee of an office of inspector general may not hold office in a political party or political committee while employed in the office of inspector general.
(5) It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section. Beginning July 1, 2015, each contract, bid, proposal, and application or solicitation for a contract shall contain a statement that the corporation, partnership, or person understands and will comply with this subsection.
(6) In carrying out the auditing duties and responsibilities of this act, each inspector general shall review and evaluate internal controls necessary to ensure the fiscal accountability of the state agency. The inspector general shall conduct financial, compliance, electronic data processing, and performance audits of the agency and prepare audit reports of his or her findings. The scope and assignment of the audits shall be determined by the inspector general; however, the agency head may at any time request the inspector general to perform an audit of a special program, function, or organizational unit. The performance of the audit shall be under the direction of the inspector general, except that if the inspector general does not possess the qualifications specified in subsection (4), the director of auditing shall perform the functions listed in this subsection.
(a) Such audits shall be conducted in accordance with the current International Standards for the Professional Practice of Internal Auditing as published by the Institute of Internal Auditors, Inc., or, where appropriate, in accordance with generally accepted governmental auditing standards. All audit reports issued by internal audit staff shall include a statement that the audit was conducted pursuant to the appropriate standards.
(b) Audit workpapers and reports shall be public records to the extent that they do not include information which has been made confidential and exempt from the provisions of s. 119.07(1) pursuant to law. However, when the inspector general or a member of the staff receives from an individual a complaint or information that falls within the definition provided in s. 112.3187(5), the name or identity of the individual may not be disclosed to anyone else without the written consent of the individual, unless the inspector general determines that such disclosure is unavoidable during the course of the audit or investigation.
(c) The inspector general and the staff shall have access to any records, data, and other information of the state agency he or she deems necessary to carry out his or her duties. The inspector general may also request such information or assistance as may be necessary from the state agency or from any federal, state, or local government entity.
(d) At the conclusion of each audit, the inspector general shall submit preliminary findings and recommendations to the person responsible for supervision of the program function or operational unit who shall respond to any adverse findings within 20 working days after receipt of the preliminary findings. Such response and the inspector general’s rebuttal to the response shall be included in the final audit report.
(e) At the conclusion of an audit in which the subject of the audit is a specific entity contracting with the state or an individual substantially affected, if the audit is not confidential or otherwise exempt from disclosure by law, the inspector general shall, consistent with s. 119.07(1), submit the findings to the entity contracting with the state or the individual substantially affected, who shall be advised in writing that they may submit a written response within 20 working days after receipt of the findings. The response and the inspector general’s rebuttal to the response, if any, must be included in the final audit report.
(f) The inspector general shall submit the final report to the agency head, the Auditor General, and, for state agencies under the jurisdiction of the Governor, the Chief Inspector General.
(g) The Auditor General, in connection with the independent postaudit of the same agency pursuant to s. 11.45, shall give appropriate consideration to internal audit reports and the resolution of findings therein. The Legislative Auditing Committee may inquire into the reasons or justifications for failure of the agency head to correct the deficiencies reported in internal audits that are also reported by the Auditor General and shall take appropriate action.
(h) The inspector general shall monitor the implementation of the state agency’s response to any report on the state agency issued by the Auditor General or by the Office of Program Policy Analysis and Government Accountability. No later than 6 months after the Auditor General or the Office of Program Policy Analysis and Government Accountability publishes a report on the state agency, the inspector general shall provide a written response to the agency head or, for state agencies under the jurisdiction of the Governor, the Chief Inspector General on the status of corrective actions taken. The inspector general shall file a copy of such response with the Legislative Auditing Committee.
(i) The inspector general shall develop long-term and annual audit plans based on the findings of periodic risk assessments. The plan, where appropriate, should include postaudit samplings of payments and accounts. The plan shall show the individual audits to be conducted during each year and related resources to be devoted to the respective audits. The Chief Financial Officer, to assist in fulfilling the responsibilities for examining, auditing, and settling accounts, claims, and demands pursuant to s. 17.03(1), and examining, auditing, adjusting, and settling accounts pursuant to s. 17.04, may use audits performed by the inspectors general and internal auditors. For state agencies under the jurisdiction of the Governor, the audit plans shall be submitted to the Chief Inspector General. The plan shall be submitted to the agency head for approval. A copy of the approved plan shall be submitted to the Auditor General.
(7) In carrying out the investigative duties and responsibilities specified in this section, each inspector general shall initiate, conduct, supervise, and coordinate investigations designed to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and other abuses in state government. For these purposes, each inspector general shall:
(a) Receive complaints and coordinate all activities of the agency as required by the Whistle-blower’s Act pursuant to ss. 112.3187-112.31895.
(b) Receive and consider the complaints which do not meet the criteria for an investigation under the Whistle-blower’s Act and conduct, supervise, or coordinate such inquiries, investigations, or reviews as the inspector general deems appropriate.
(c) Report expeditiously to the Department of Law Enforcement or other law enforcement agencies, as appropriate, whenever the inspector general has reasonable grounds to believe there has been a violation of criminal law.
(d) Conduct investigations and other inquiries free of actual or perceived impairment to the independence of the inspector general or the inspector general’s office. This shall include freedom from any interference with investigations and timely access to records and other sources of information.
(e) At the conclusion of each investigation in which the subject of the investigation is a specific entity contracting with the state or an individual substantially affected as defined by this section, and if the investigation is not confidential or otherwise exempt from disclosure by law, the inspector general shall, consistent with s. 119.07(1), submit findings to the subject that is a specific entity contracting with the state or an individual substantially affected, who shall be advised in writing that they may submit a written response within 20 working days after receipt of the findings. Such response and the inspector general’s rebuttal to the response, if any, shall be included in the final investigative report.
(f) Submit in a timely fashion final reports on investigations conducted by the inspector general to the agency head, except for whistle-blower’s investigations, which shall be conducted and reported pursuant to s. 112.3189.
(8)(a) Except as provided in paragraph (b), each inspector general shall, not later than September 30 of each year, prepare an annual report summarizing the activities of the office during the immediately preceding state fiscal year.
(b) The inspector general of the Florida Housing Finance Corporation shall, not later than 90 days after the end of each fiscal year, prepare an annual report summarizing the activities of the office of inspector general during the immediately preceding fiscal year.
(c) The final reports prepared pursuant to paragraphs (a) and (b) shall be provided to the heads of the respective agencies and, for state agencies under the jurisdiction of the Governor, the Chief Inspector General. Such reports shall include, but need not be limited to:
1. A description of activities relating to the development, assessment, and validation of performance measures.
2. A description of significant abuses and deficiencies relating to the administration of programs and operations of the agency disclosed by investigations, audits, reviews, or other activities during the reporting period.
3. A description of the recommendations for corrective action made by the inspector general during the reporting period with respect to significant problems, abuses, or deficiencies identified.
4. The identification of each significant recommendation described in previous annual reports on which corrective action has not been completed.
5. A summary of each audit and investigation completed during the reporting period.
(9) The inspector general in each state agency shall provide to the agency head, upon receipt, all written complaints concerning the duties and responsibilities in this section or any allegation of misconduct related to the office of the inspector general or its employees, if received from subjects of audits or investigations who are individuals substantially affected or entities contracting with the state, as defined in this section. For state agencies under the jurisdiction of the Governor, the inspector general shall also provide the complaint to the Chief Inspector General.
(10) Each agency inspector general shall, to the extent both necessary and practicable, include on his or her staff individuals with electronic data processing auditing experience.
History.—ss. 1, 2, ch. 86-131; s. 1, ch. 87-30; ss. 1, 4, ch. 90-247; s. 18, ch. 91-282; s. 2, ch. 91-285; s. 7, ch. 94-235; s. 1, ch. 94-340; s. 1315, ch. 95-147; s. 8, ch. 95-153; s. 8, ch. 95-312; s. 5, ch. 96-406; s. 15, ch. 98-73; s. 62, ch. 99-245; s. 2, ch. 2001-124; s. 21, ch. 2001-266; s. 68, ch. 2003-261; s. 2, ch. 2004-41; s. 1, ch. 2007-217; s. 1, ch. 2008-183; s. 1, ch. 2011-189; s. 2, ch. 2014-144; s. 5, ch. 2014-221; s. 1, ch. 2015-173.
2. Refused to talk about it.
3. Referred to request for investigation as "concerns," referring underlying facts to other agencies.
4. No investigation.
5. Still no response to Open Records requests for records on veto and the Inspector General.
6. Called me and threatened to charge "fees" for disclosure of mandatory Annual Report.
7. Asked me what I meant by "Annual Report."
8. Delusions of adequacy.
9. Need for spinal implant and independence of corrupt Governor RICHARD LYNN SCOTT.
10. Here's the Florida Inspector General Act.
The 2015 Florida Statutes
Title IV
EXECUTIVE BRANCH
Chapter 20
ORGANIZATIONAL STRUCTURE
View Entire Chapter
20.055 Agency inspectors general.—
(1) As used in this section, the term:
(a) “Agency head” means the Governor, a Cabinet officer, or a secretary or executive director as those terms are defined in s. 20.03, the chair of the Public Service Commission, the Director of the Office of Insurance Regulation of the Financial Services Commission, the Director of the Office of Financial Regulation of the Financial Services Commission, the board of directors of the Florida Housing Finance Corporation, the executive director of the Office of Early Learning, and the Chief Justice of the State Supreme Court.
(b) “Entities contracting with the state” means for-profit and not-for-profit organizations or businesses that have a legal existence, such as corporations or partnerships, as opposed to natural persons, which have entered into a relationship with a state agency to provide for consideration certain goods or services to the state agency or on behalf of the state agency. The relationship may be evidenced by payment by warrant or purchasing card, contract, purchase order, provider agreement, or other such mutually agreed upon relationship. The term does not apply to entities that are the subject of audits or investigations conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or which are otherwise confidential and exempt under s. 119.07.
(c) “Individuals substantially affected” means natural persons who have established a real and sufficiently immediate injury in fact due to the findings, conclusions, or recommendations of a final report of a state agency inspector general, who are the subject of the audit or investigation, and who do not have or are not currently afforded an existing right to an independent review process. The term does not apply to employees of the state, including career service, probationary, other personal service, Selected Exempt Service, and Senior Management Service employees; former employees of the state if the final report of the state agency inspector general relates to matters arising during a former employee’s term of state employment; or persons who are the subject of audits or investigations conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or which are otherwise confidential and exempt under s. 119.07.
(d) “State agency” means each department created pursuant to this chapter and the Executive Office of the Governor, the Department of Military Affairs, the Fish and Wildlife Conservation Commission, the Office of Insurance Regulation of the Financial Services Commission, the Office of Financial Regulation of the Financial Services Commission, the Public Service Commission, the Board of Governors of the State University System, the Florida Housing Finance Corporation, the Agency for State Technology, the Office of Early Learning, and the state courts system.
(2) An office of inspector general is established in each state agency to provide a central point for coordination of and responsibility for activities that promote accountability, integrity, and efficiency in government. It is the duty and responsibility of each inspector general, with respect to the state agency in which the office is established, to:
(a) Advise in the development of performance measures, standards, and procedures for the evaluation of state agency programs.
(b) Assess the reliability and validity of the information provided by the state agency on performance measures and standards, and make recommendations for improvement, if necessary, before submission of such information pursuant to s. 216.1827.
(c) Review the actions taken by the state agency to improve program performance and meet program standards and make recommendations for improvement, if necessary.
(d) Provide direction for, supervise, and coordinate audits, investigations, and management reviews relating to the programs and operations of the state agency, except that when the inspector general does not possess the qualifications specified in subsection (4), the director of auditing shall conduct such audits.
(e) Conduct, supervise, or coordinate other activities carried out or financed by that state agency for the purpose of promoting economy and efficiency in the administration of, or preventing and detecting fraud and abuse in, its programs and operations.
(f) Keep the agency head or, for state agencies under the jurisdiction of the Governor, the Chief Inspector General informed concerning fraud, abuses, and deficiencies relating to programs and operations administered or financed by the state agency, recommend corrective action concerning fraud, abuses, and deficiencies, and report on the progress made in implementing corrective action.
(g) Ensure effective coordination and cooperation between the Auditor General, federal auditors, and other governmental bodies with a view toward avoiding duplication.
(h) Review, as appropriate, rules relating to the programs and operations of such state agency and make recommendations concerning their impact.
(i) Ensure that an appropriate balance is maintained between audit, investigative, and other accountability activities.
(j) Comply with the General Principles and Standards for Offices of Inspector General as published and revised by the Association of Inspectors General.
(3)(a)1. For state agencies under the jurisdiction of the Cabinet or the Governor and Cabinet, the inspector general shall be appointed by the agency head. For state agencies under the jurisdiction of the Governor, the inspector general shall be appointed by the Chief Inspector General. The agency head or Chief Inspector General shall notify the Governor in writing of his or her intention to hire the inspector general at least 7 days before an offer of employment. The inspector general shall be appointed without regard to political affiliation.
2. Within 60 days after a vacancy or anticipated vacancy in the position of inspector general, the agency head or, for agencies under the jurisdiction of the Governor, the Chief Inspector General, shall initiate a national search for an inspector general and shall set the salary of the inspector general. In the event of a vacancy in the position of inspector general, the agency head or, for agencies under the jurisdiction of the Governor, the Chief Inspector General, may appoint other office of inspector general management personnel as interim inspector general until such time as a successor inspector general is appointed.
3. A former or current elected official may not be appointed inspector general within 5 years after the end of such individual’s period of service. This restriction does not prohibit the reappointment of a current inspector general.
(b) The inspector general shall report to and be under the general supervision of the agency head and is not subject to supervision by any other employee of the state agency in which the office is established. For state agencies under the jurisdiction of the Governor, the inspector general shall be under the general supervision of the agency head for administrative purposes, shall report to the Chief Inspector General, and may hire and remove staff within the office of the inspector general in consultation with the Chief Inspector General but independently of the agency.
(c) For state agencies under the jurisdiction of the Cabinet or the Governor and Cabinet, the inspector general may be removed from office by the agency head. For state agencies under the jurisdiction of the Governor, the inspector general may only be removed from office by the Chief Inspector General for cause, including concerns regarding performance, malfeasance, misfeasance, misconduct, or failure to carry out his or her duties under this section. The Chief Inspector General shall notify the Governor in writing of his or her intention to remove the inspector general at least 21 days before the removal. For state agencies under the jurisdiction of the Governor and Cabinet, the agency head shall notify the Governor and Cabinet in writing of his or her intention to remove the inspector general at least 21 days before the removal. If the inspector general disagrees with the removal, the inspector general may present objections in writing to the Governor within the 21-day period.
(d) The Governor, the Governor and Cabinet, the agency head, or agency staff may not prevent or prohibit the inspector general from initiating, carrying out, or completing any audit or investigation.
(4)(a) To ensure that state agency audits are performed in accordance with applicable auditing standards, the inspector general or the director of auditing within the inspector general’s office shall possess the following qualifications:
1. A bachelor’s degree from an accredited college or university with a major in accounting, or with a major in business which includes five courses in accounting, and 5 years of experience as an internal auditor or independent postauditor, electronic data processing auditor, accountant, or any combination thereof. The experience shall at a minimum consist of audits of units of government or private business enterprises, operating for profit or not for profit; or
2. A master’s degree in accounting, business administration, or public administration from an accredited college or university and 4 years of experience as required in subparagraph 1.; or
3. A certified public accountant license issued pursuant to chapter 473 or a certified internal audit certificate issued by the Institute of Internal Auditors or earned by examination, and 4 years of experience as required in subparagraph 1.
(b) For agencies under the jurisdiction of the Governor, the inspector general shall be selected on the basis of integrity, leadership capability, and experience in accounting, auditing, financial analysis, law, management analysis, program evaluation, public administration, investigation, criminal justice administration, or other closely related field. The inspector general is subject to a level 2 background screening pursuant to chapter 435. The inspector general shall have a 4-year degree from an accredited institution of higher learning or have at least 5 years of experience in at least one of the following areas:
1. Inspector general.
2. Supervisory experience in an office of inspector general or an investigative public agency similar to an office of inspector general.
3. Local, state, or federal law enforcement officer.
4. Local, state, or federal court judge.
5. Senior-level auditor or comptroller.
6. The administration and management of complex audits and investigations.
7. Managing programs for prevention, examination, detection, elimination of fraud, waste, abuse, mismanagement, malfeasance, or misconduct in government or other organizations.
An advanced degree in law, accounting, public administration, or other relevant field may substitute for 1 year of required experience.
(c) The inspector general shall possess at appointment, or obtain within the first year after appointment, a certification from the Association of Inspectors General as a certified inspector general. The inspector general must have one or more other professional certifications, such as certified inspector general investigator, certified inspector general auditor, certified public accountant, certified internal auditor, certified governmental financial manager, or certified fraud examiner, certified financial crimes investigator or other related certification, or be a licensed attorney.
(d) The inspector general may not hold, or be a candidate for, an elective office of the state or a municipality, county, or other political subdivision of the state while inspector general, and a current officer or employee of an office of inspector general may not hold, or be a candidate for, an elective office of the state or a municipality, county, or other political subdivision of the state. The inspector general may not hold office in a political party or political committee. An employee of an office of inspector general may not hold office in a political party or political committee while employed in the office of inspector general.
(5) It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section. Beginning July 1, 2015, each contract, bid, proposal, and application or solicitation for a contract shall contain a statement that the corporation, partnership, or person understands and will comply with this subsection.
(6) In carrying out the auditing duties and responsibilities of this act, each inspector general shall review and evaluate internal controls necessary to ensure the fiscal accountability of the state agency. The inspector general shall conduct financial, compliance, electronic data processing, and performance audits of the agency and prepare audit reports of his or her findings. The scope and assignment of the audits shall be determined by the inspector general; however, the agency head may at any time request the inspector general to perform an audit of a special program, function, or organizational unit. The performance of the audit shall be under the direction of the inspector general, except that if the inspector general does not possess the qualifications specified in subsection (4), the director of auditing shall perform the functions listed in this subsection.
(a) Such audits shall be conducted in accordance with the current International Standards for the Professional Practice of Internal Auditing as published by the Institute of Internal Auditors, Inc., or, where appropriate, in accordance with generally accepted governmental auditing standards. All audit reports issued by internal audit staff shall include a statement that the audit was conducted pursuant to the appropriate standards.
(b) Audit workpapers and reports shall be public records to the extent that they do not include information which has been made confidential and exempt from the provisions of s. 119.07(1) pursuant to law. However, when the inspector general or a member of the staff receives from an individual a complaint or information that falls within the definition provided in s. 112.3187(5), the name or identity of the individual may not be disclosed to anyone else without the written consent of the individual, unless the inspector general determines that such disclosure is unavoidable during the course of the audit or investigation.
(c) The inspector general and the staff shall have access to any records, data, and other information of the state agency he or she deems necessary to carry out his or her duties. The inspector general may also request such information or assistance as may be necessary from the state agency or from any federal, state, or local government entity.
(d) At the conclusion of each audit, the inspector general shall submit preliminary findings and recommendations to the person responsible for supervision of the program function or operational unit who shall respond to any adverse findings within 20 working days after receipt of the preliminary findings. Such response and the inspector general’s rebuttal to the response shall be included in the final audit report.
(e) At the conclusion of an audit in which the subject of the audit is a specific entity contracting with the state or an individual substantially affected, if the audit is not confidential or otherwise exempt from disclosure by law, the inspector general shall, consistent with s. 119.07(1), submit the findings to the entity contracting with the state or the individual substantially affected, who shall be advised in writing that they may submit a written response within 20 working days after receipt of the findings. The response and the inspector general’s rebuttal to the response, if any, must be included in the final audit report.
(f) The inspector general shall submit the final report to the agency head, the Auditor General, and, for state agencies under the jurisdiction of the Governor, the Chief Inspector General.
(g) The Auditor General, in connection with the independent postaudit of the same agency pursuant to s. 11.45, shall give appropriate consideration to internal audit reports and the resolution of findings therein. The Legislative Auditing Committee may inquire into the reasons or justifications for failure of the agency head to correct the deficiencies reported in internal audits that are also reported by the Auditor General and shall take appropriate action.
(h) The inspector general shall monitor the implementation of the state agency’s response to any report on the state agency issued by the Auditor General or by the Office of Program Policy Analysis and Government Accountability. No later than 6 months after the Auditor General or the Office of Program Policy Analysis and Government Accountability publishes a report on the state agency, the inspector general shall provide a written response to the agency head or, for state agencies under the jurisdiction of the Governor, the Chief Inspector General on the status of corrective actions taken. The inspector general shall file a copy of such response with the Legislative Auditing Committee.
(i) The inspector general shall develop long-term and annual audit plans based on the findings of periodic risk assessments. The plan, where appropriate, should include postaudit samplings of payments and accounts. The plan shall show the individual audits to be conducted during each year and related resources to be devoted to the respective audits. The Chief Financial Officer, to assist in fulfilling the responsibilities for examining, auditing, and settling accounts, claims, and demands pursuant to s. 17.03(1), and examining, auditing, adjusting, and settling accounts pursuant to s. 17.04, may use audits performed by the inspectors general and internal auditors. For state agencies under the jurisdiction of the Governor, the audit plans shall be submitted to the Chief Inspector General. The plan shall be submitted to the agency head for approval. A copy of the approved plan shall be submitted to the Auditor General.
(7) In carrying out the investigative duties and responsibilities specified in this section, each inspector general shall initiate, conduct, supervise, and coordinate investigations designed to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and other abuses in state government. For these purposes, each inspector general shall:
(a) Receive complaints and coordinate all activities of the agency as required by the Whistle-blower’s Act pursuant to ss. 112.3187-112.31895.
(b) Receive and consider the complaints which do not meet the criteria for an investigation under the Whistle-blower’s Act and conduct, supervise, or coordinate such inquiries, investigations, or reviews as the inspector general deems appropriate.
(c) Report expeditiously to the Department of Law Enforcement or other law enforcement agencies, as appropriate, whenever the inspector general has reasonable grounds to believe there has been a violation of criminal law.
(d) Conduct investigations and other inquiries free of actual or perceived impairment to the independence of the inspector general or the inspector general’s office. This shall include freedom from any interference with investigations and timely access to records and other sources of information.
(e) At the conclusion of each investigation in which the subject of the investigation is a specific entity contracting with the state or an individual substantially affected as defined by this section, and if the investigation is not confidential or otherwise exempt from disclosure by law, the inspector general shall, consistent with s. 119.07(1), submit findings to the subject that is a specific entity contracting with the state or an individual substantially affected, who shall be advised in writing that they may submit a written response within 20 working days after receipt of the findings. Such response and the inspector general’s rebuttal to the response, if any, shall be included in the final investigative report.
(f) Submit in a timely fashion final reports on investigations conducted by the inspector general to the agency head, except for whistle-blower’s investigations, which shall be conducted and reported pursuant to s. 112.3189.
(8)(a) Except as provided in paragraph (b), each inspector general shall, not later than September 30 of each year, prepare an annual report summarizing the activities of the office during the immediately preceding state fiscal year.
(b) The inspector general of the Florida Housing Finance Corporation shall, not later than 90 days after the end of each fiscal year, prepare an annual report summarizing the activities of the office of inspector general during the immediately preceding fiscal year.
(c) The final reports prepared pursuant to paragraphs (a) and (b) shall be provided to the heads of the respective agencies and, for state agencies under the jurisdiction of the Governor, the Chief Inspector General. Such reports shall include, but need not be limited to:
1. A description of activities relating to the development, assessment, and validation of performance measures.
2. A description of significant abuses and deficiencies relating to the administration of programs and operations of the agency disclosed by investigations, audits, reviews, or other activities during the reporting period.
3. A description of the recommendations for corrective action made by the inspector general during the reporting period with respect to significant problems, abuses, or deficiencies identified.
4. The identification of each significant recommendation described in previous annual reports on which corrective action has not been completed.
5. A summary of each audit and investigation completed during the reporting period.
(9) The inspector general in each state agency shall provide to the agency head, upon receipt, all written complaints concerning the duties and responsibilities in this section or any allegation of misconduct related to the office of the inspector general or its employees, if received from subjects of audits or investigations who are individuals substantially affected or entities contracting with the state, as defined in this section. For state agencies under the jurisdiction of the Governor, the inspector general shall also provide the complaint to the Chief Inspector General.
(10) Each agency inspector general shall, to the extent both necessary and practicable, include on his or her staff individuals with electronic data processing auditing experience.
History.—ss. 1, 2, ch. 86-131; s. 1, ch. 87-30; ss. 1, 4, ch. 90-247; s. 18, ch. 91-282; s. 2, ch. 91-285; s. 7, ch. 94-235; s. 1, ch. 94-340; s. 1315, ch. 95-147; s. 8, ch. 95-153; s. 8, ch. 95-312; s. 5, ch. 96-406; s. 15, ch. 98-73; s. 62, ch. 99-245; s. 2, ch. 2001-124; s. 21, ch. 2001-266; s. 68, ch. 2003-261; s. 2, ch. 2004-41; s. 1, ch. 2007-217; s. 1, ch. 2008-183; s. 1, ch. 2011-189; s. 2, ch. 2014-144; s. 5, ch. 2014-221; s. 1, ch. 2015-173.
Friday, March 25, 2016
McLEOD FB Ad May Violate Ethics Rules
Lawyer ROBERT LESTER McLEOD, II a/k/a "MAC" McLEOD paid for a "Sponsored" supercilious Facebook ad today, kvelling about a six-figure jury verdict in Palatka. He may have violated Florida Bar rules on lawyer advertising.
He's representing St. Johns County Sheriff's Deputy JEREMY BANKS and Deputy Scott O'Connell in lawsuits against FDLE Special Agent Rusty Ray Rodgers -- retaliation for Special Agent Rodgers doing his job "too well" in investigating the September 2, 2010 shooting death of Michelle O'Connell in BANKS' home. Color McLEOD conflicted, conceited and money-hungry (but not necessarily in that order). His appearance on the Dr. Phil program showed his smugness and meritless bullying of the Michelle O'Connell family. How gauche and louche is Mr. McLEOD? Off-camera, he angrily threw an object at a tv crew member. He helped the Chamber of Commerce lobby for criminalize art and music in St. Augustine. He's quite a critter. Here's his Facebook ad:
The McLeod Firm
10 hrs ·
We completed our auto accident personal injury trial in Palatka yesterday on behalf of our amazing client, Brenda Harmon, against State Farm insurance co. A very engaged and great Putnam County jury returned a verdict of $685,800.00 for Brenda in response to the evidence and law. We are extremely pleased for Ms. Harmon, an incredible mother, veteran educator and wonderful sister and daughter. What a blessing to represent someone like her and so good to have this occur where it all started for me at the Putnam County Courthouse.
Kudos to partner Seth Dempsey for being spot on with every legal issue and trial work and to Maleah Rix, Maja T and Donna Hartley for making it all happen. Best team anywhere.
At last Brenda Harmon will receive the compensation she deserves and continue her march towards getting better.
Here's his post-midnight Facebook rant to my question, "Did he violate Florida Bar rules on lawyer advertising? http://www.floridabar.org/.../$FILE/Adv%20Handbook.pdf…"
Mac McLeod
Mac McLeod Really, are you insane? I mean, it is obvious why your ethical practices caused you to be disbarred and you are allowed to practice law, nowhere, but, you really should try and get some mental health counseling for your delusional thoughts. Or, perhaps more helpful, get a job once you get a grip on reality.
My "ethical practices." Now there's a Floridian-Freudian slip. Yes, I was ethical, representing whistleblowers, including judges and law enforcement. I paid the price for it. McLEOD hates me. I wear his scorn as a badge of honor. Little MAC, you've bullied good people for long enough. I hereby challenge you to a public, televised debate on the Michelle O'Connell case.
WFCF back on the air
Flagler College Radio (WFCF-FM, 88.5 FM, "Radio with a reason," on "I heart radio") is back on the air, as of 6:21 AM.
It went silent on March 24, 2016 at or about 2:50 PM.
Welcome back!
Flagler College will be required to explain to the Federal Communications Commission, upon its license renewal application, why it affords no local news, no local public access, while affording a weak, wimpy, weekly public access program to the City of St. Augustine (pathetic Public Affairs Director PAUL WILLIAMSON's weekly interview program, "The Break Room," as louche and lousy a PR vehicle as ever existed anywhere).
It went silent on March 24, 2016 at or about 2:50 PM.
Welcome back!
Flagler College will be required to explain to the Federal Communications Commission, upon its license renewal application, why it affords no local news, no local public access, while affording a weak, wimpy, weekly public access program to the City of St. Augustine (pathetic Public Affairs Director PAUL WILLIAMSON's weekly interview program, "The Break Room," as louche and lousy a PR vehicle as ever existed anywhere).
NOT ONE LOCAL HEADLINE IN "LOCAL" PAPER?
Not one "local" news story in today's edition of The St. Augustine Record.
Front page articles about The Villages (99 miles away), Putnam County, Flagler College and SJR State.
Nothing on wicked evil Florida Governor RICHARD LYNN SCOTT's veto of $200,000 for West Augustine sewers.
No investigation.
Front page articles about The Villages (99 miles away), Putnam County, Flagler College and SJR State.
Nothing on wicked evil Florida Governor RICHARD LYNN SCOTT's veto of $200,000 for West Augustine sewers.
No investigation.
Thursday, March 24, 2016
Earl Henry Hamner, Jr., R.I.P.
Earl Henry Hamner, Jr. has died.
Earl Henry Hamner, Jr. was a Virginia gentleman and a gifted writer, who created The Waltons television drama, and narrated it weekly, circa 1971-1981.
I loved The Waltons, and I was known to cry during its episodes, both as a teenager and a young adult.
The writing, acting and casting was superb. It was wholesome family television, about a Depression-era family in the foothills of the Blue Ridge Mountains. The Waltons' eldest, John Boy, aspired to be a writer. The Waltons dealt with serious issues, including inequality and the Holocaust (brought to light amidst book-burning attempts and bigotry).
The actor who played John Boy's grandfather, Will Geer, had been blacklisted (among many others) amidst anti-Communist hysteria: he was an out and proud Gay American activist.
Commencing with the beginning of my second semester at Georgetown, in 1975, I had my trusty tiny black and white television upon which to watch The Waltons, every week, no matter what other guys thought. Do you reckon I identified with the character of "John Boy" as a fellow "hick from the sticks?"
During the 1970s, a good friend in Colorado Democratic U.S. Senator Gary Hart's office was known to leave our usual hangout (Tune-Inn redneck bar on Pennsylvania Avenue, southeast), saying, "I've got to go watch The Waltons. He understood.
Years later, four of us were celebrating the glorious denouement and just desserts in a nuclear powerplant whistleblower case, breakfasting with my client, my co-counsel and our investigative consultant: I looked at my watch, and I said the exact same words: "I've got to go watch The Waltons" (on cable television in our San Diego, California hotel). They understood.
When Brian first met my parents, in situ, he compared us to The Waltons (and the Kennedys). He understands, too.
If there were more movies and television programs like The Waltons, the world would be a much better place.
One of my favorite quotes is from The Waltons: "The world stands aside for a man who knows where he's going."
The obituaries today reflect that Emmy-winning writer Earl Hamner, Jr. died at Cedars Sinai hospital in Los Angeles with family and friends, while John Denver's song, "Rocky Mountain High," was played.
Goodnight and rest in peace, Earl Henry Hamner, Jr.
Wednesday, March 23, 2016
4-2 PZB Vote Rejects SAB Mayor's Illegal Pet Project
The St. Augustine Beach Planning and Zoning Board (PZB) March 22nd rejected by vote of 4-2 a thinly-documented proposal by Mayor RICHArD BURTT O'BRIEN, et ux. to build two oversize houses on F Street on commercial-zoned property.
The mass, scale and lack of plans led to the rejection after nearly two hours' discussion.
Once upon a time, lugubrious gooberish good-ole-boys and their bad projects were rotely and routinely rubber-stamped by hick hack local officials in this corrupt County, now the gimlet eye of board volunteers routinely rejects lame-brained projects.
In this instance a bad project pushed by Mayor RICH O'BRIEN was rejected.
A red-faced O'BRIEN was called out by PZB member Karen Zander, who pointed out the legal inconsistencies of seeking a use by exception instead of a zoning change. Citizens Craig Thompson and Ed Slavin (that would be me) opposed the special kid gloves treatment sought by Mayor O'BRIEN. O'BRIEN's wife, LAUREN CHRISTINE RINGHAVER, called out imprecations from the audience (she was ignored, but O'BRIEN was given extra time with the clock stopped, standing challengingly at the podium while making dopey arguments lacking in legal merit.
It was the last PZB meeting where JAMES GEORGE WHITEHOUSE will ever give malfeasant legal advice to St. Augustine Beach officials (WHITEHOUSE works for DOUGLAS NELSON BURNETT, son of the former commanding general of the Florida National Guard, at St. Johns Law Group.
O'BRIEN is a hotelier whose administrative appeal is now to the same City Commission that elected him as Mayor -- reckon the large cribs are destined for vacation rentals if he wins?
(Ms. RINGHAVER was the person who once pushed her husband, Mayor O"BRIEN, to complain about the lack of lighting in Anastasia State Park on the way into the north end of St. Augustine Beach at the end of SR 312. The expense and threat to wildlife led to that idea being rejected.)
SJC Abruptly Cancels St. Aug. Beach Meeting AFTER Public Comment Requirement Raised
Wonder why maladroit mendacious meretricious County Administrator MICHAEL DAVID WANCHICK cancelled our March 28, 2016 joint meeting of the City of St. Augustine Beach and St. Johns County Board of County Commissioners?
It was after citizen Thomas F. Reynolds, Jr. and I pointed out public comment was on the agenda for each item, and legally required,
As Wm. F. Buckley, Jr. once asked, "Why does baloney reject the grinder?"
WANCHICK is a control freak who prefers the public not be heard at joint meetings, which he prefers to hold at the Airport.
Silly Republicans, dirty tricks are so Nixonian.
Reckon this halts any County Administrator effort to inflict parking meters at Pier Park for the rest of the season?
-----Original Message-----
From: Max Royle
To: Tom Reynolds
Cc: easlavin
Sent: Tue, Mar 22, 2016 5:34 pm
Subject: RE: Public comment
Mr. Reynolds,
To alert you in advance: Recently, Mr. Wanchick informed me that two County Commissioners are unable to attend Monday’s meeting. Therefore, the joint meeting with the City Commission has been cancelled.
Max
From: Tom Reynolds [mailto:thomasfreynolds@yahoo.com]
Sent: Tuesday, March 22, 2016 3:09 PM
To: Max Royle
Cc: Comm O'Brien; Commissioner Jeb Smith; Comm George; Commissioner James K. Johns; Comm Snodgrass; Commissioner Jay Morris; Comm Samuels; Commissioner Bill McClure; Comm England; Commissioner Rachael Bennett; Patrick McCormack; Michael Wanchick; Douglas Burnett
Subject: Public comment
Hi Max, I see where the joint meeting will be taken Public Comment on all issues on the Agenda. Without any doubt, this is probably the most important meeting of this year.
THE CITY COMMISSION HAS ADOPTED THE FOLLOWING PROCEDURE: PERSONS WISHING TO SPEAK ABOUT TOPICS THAT ARE
ON THE AGENDA MUST FILL OUT A SPEAKER CARD IN ADVANCE AND GIVE IT TO THE RECORDING SECRETARY. THE CARDS ARE
AVAILABLE AT THE BACK OF THE MEETING ROOM. THIS PROCEDURE DOES NOT APPLY TO PERSONS WHO WANT TO SPEAK TO
THE COMMISSION UNDER “PUBLIC COMMENTS.”
Thank You for having this pointed out to me.
Tom Reynolds
--------------
-----Original Message-----
From: easlavin
To: pmccormack
Sent: Tue, Mar 22, 2016 1:18 pm
Subject: Request No. 2016-119: Public comment rights -- records request in response to Palm Beach County public comment lawsuit (enclosed)
Dear Max, Doug, Jim, Pat, Mike, John, Denise and Isabel:
A. Please read the attached Circuit Court complaint against Palm Beach County challenging restrictions on public rights to comment in county government meetings.
B. Please send me any legal research, memos, opinions, meeting minutes, notes, reform proposals, etc. on:
1. Preserving and protecting our fundamental rights to free speech at government meetings under Florida statutes and the First and Ninth Amendments to public participation in government through public comment, or
2. Interpreting public comment requirements,
3. Researching customer preferences on public comment,
4. Sharing information with other jurisdictions on public comment (or public commenters)
5. Requesting Attorney General and Ethics opinions on past or contemplated limitations on public comment.
C. As at St. Augustine Beach and St. Johns County Commission meetings, public comment must be allowed on all items on the agenda. This means you, City of St. Augustine (which denies public comment except on second ordinance readings, appeals and general public comment, denying public comment for resolutions, reports and ordinance first readings, including the first reading of an ordinance on March 28th and an earlier presentation by the City Attorney and a prospective taxicab monopolist and his lawyer on a proposed ordinance legislating against his competitors, denying taxicab customers our constitutional right to speak on every agenda item, as under a prior Mayor, who in 2009 adapted new taxicab fares while denying public comment to anyone not employed by the taxicab industry).
D. Meanwhile, Messrs. McCormack, Wanchick, Royle and Burnett, St. Johns County and the City of St. Augustine Beach are both on notice of reasonable expectations of probity and our constitutional, statutory and contractual public comment expectations. Please confirm today that there will be public comment at the joint meeting of the City of St. Augustine Beach City Commission and St. Johns County Board of County Commissioners on March 28th, on every single agenda item, as promised. Public comment procedures for the SAB-SJC joint meeting are announced in small ALL CAPITALS type (attached)(requiring handing comment cards to the Recording Secretary.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: easlavin
To: arimel
Sent: Tue, Mar 22, 2016 1:43 pm
Subject: Re: Request No. 2016-57: Smart water meter data for 4700 Sherlock Place: Two years of Open Records lawbreaking
Dear Pat, Mike and Asha:
1. Please respond.
2. Please set up a meeting with Messrs. Wanchick and McCormack on Open Records lawbreaking on this and other requests (before Monday, March 28, 2016 County Commission meeting in St. Augustine Beach at 9 AM (joint meeting with St. Augustine Beach Commissioners).
3. By the way, I got a lovely response from the Palm Beach County Administrator on an Open Records issue, sent by her on Saturday, March 19, 2016.
4. Mr. Wanchick does not return citizen telephone calls. Why?
With kindest regards, I am
Sincerely yours,
Ed
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: easlavin
To: arimel
Sent: Tue, Mar 8, 2016 4:39 pm
Subject: Re: Request No. 2016-57: Smart water meter data for 4700 Sherlock Place
What do you mean by that?
-----Original Message-----
From: Asha Rimel
To: 'easlavin@aol.com'
Cc: Patrick McCormack
Sent: Tue, Mar 8, 2016 2:23 pm
Subject: RE: Request No. 2016-57: Smart water meter data for 4700 Sherlock Place
Dear Mr. Slavin:
Based upon review of your public records request below, your email includes a request for information. As you are aware, Florida Public Records Laws provide for a right of access to inspect and copy existing records. The Florida Public Records Laws do not mandate that the custodian of the records give out information or answer questions related to the records (please see Attorney General Opinions 80-57 and 92-38).
Thank you.
Asha.
Asha Rimel
Office of County Attorney
St. Johns County Board of County Commissioners
500 San Sebastian View
St. Augustine, FL 32084
Phone: 904.209.0812 | Fax: 904.209.0806
Email: arimel@sjcfl.us | Web: www.sjcfl.us
P please don't print this e-mail unless you really need to.
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the St. Johns County Board of County Commissioners and employees regarding public business are public records available to the public and media through a request. Your e-mail communications may be subject to public disclosure.
From: Asha Rimel
Sent: Monday, February 29, 2016 8:18 AM
To: 'easlavin@aol.com'
Cc: Patrick McCormack; Diane Lehmann; Regina Ross; Judy Hamilton
Subject: RE: Request No. 2016-57: Smart water meter data for 4700 Sherlock Place
Dear Mr. Slavin:
I am writing to acknowledge receipt of your public records request. St. Johns County will determine if it has any records that are responsive to your request. If any such records are located, we will compile them and redact any exempt material prior to providing them to you. Should it be determined that the nature or volume of the public records requested requires the extensive use of information technology resources, or extensive clerical or supervisory assistance, or both, then we will first respond with an estimate of the additional charges for the actual costs incurred, and whether a deposit will be required. In such instance, the records will be compiled only after you approve the charges and the County receives any required deposit. Payment for the total or remaining costs can be made when the records are available. If the actual cost is less than your deposit, you will be refunded the balance.
Thank you,
Asha.
Asha Rimel
Office of County Attorney
St. Johns County Board of County Commissioners
500 San Sebastian View
St. Augustine, FL 32084
Phone: 904.209.0812 | Fax: 904.209.0806
Email: arimel@sjcfl.us | Web: www.sjcfl.us
P please don't print this e-mail unless you really need to.
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the St. Johns County Board of County Commissioners and employees regarding public business are public records available to the public and media through a request. Your e-mail communications may be subject to public disclosure.
From:
Date: February 27, 2016 at 11:10:43 AM EST
To:
Subject: Request No. 2016-57: Smart water meter data for 4700 Sherlock Place
Please send the following information:
1) identify meter make and model number
2) serial number of meter at 4700 Sherlock Place on September 2, 2010
3) collection server details
4) server hardware-based specs
5) client software used for analyzing the logged water data
6) process to restore archived records
7) software version and license details
Thank you
Civil Rights Complaint Against Gov. RICK SCOTT Over West Augustine Sewer Veto
I've asked the Assistant Attorney General for the United States Department of Justice Civil RIghts Division to investigate Florida Governor RICK SCOTT's racist veto -- and his Inspector General's refusal to investigate the staff recommendation to veto -- of a mere $200,000 for engineering work on West Augustine sewers. So much for the "Keep Florida working budget" and the "opportunity economy" of Governor RICHARD LYNN SCOTT, who emits slogans and prejudice about Florida being "the second best state in which to do business." Thanks to bigoted Governor SCOTT, West Augustine remains in a state of despair today, denied basic human rights to sewers by racist SCOTT & staff, fellow Republicans without a clue about environmental justice or right and wrong.
Yesterday, after a diffident response to my complaint to the Florida Chief Inspector General, I filed a complaint against RICK SCOTT with the Justice Department over his unseemly, unconstitutional ukase -- his veto of a mere $200,000 for West Augustine sewers. Here it is:
-----Original Message-----
From: easlavin
To: vanita.gupta
Sent: Tue, Mar 22, 2016 3:18 pm
Subject: Re: Civil Rights Investigation of Florida Governor RICK SCOTT's Veto of $200,000 West Augustine Sewer Matching Grant (and Governor's Chief IG's Refusal to Investigate EOG staff)
Please see attachment, inadvertently omitted from earlier e-mail.
Thank you.
-----Original Message-----
From: easlavin
To: vanita.gupta
Sent: Tue, Mar 22, 2016 3:15 pm
Subject: Civil Rights Investigation of Florida Governor RICK SCOTT's Veto of $200,000 West Augustine Sewer Matching Grant (and Governor's Chief IG's Refusal to Investigate EOG staff)
Dear General Gupta:
Thank you for your wise years of government and private bono practice in advancement of civil rights.
Will you direct your Civil Rights Division staff to please help us remedy decades of civil rights wrongs here in St. Augustine, Florida, today?:
A. Pursuant to Title VI of the 1964 Civil Rights Act, please direct the Civil Rights Division and the FBI to investigate Florida Governor RICHARD LYNN SCOTT's veto of $200,000 for West Augustine sewers for a struggling low-income African-American neighborhood, while not vetoing a project in the same county (St. Johns) to spend $2.8 million appropriation to dredge Summer Haven River, which a storm filled with sand (benefitting a few wealthy vacation home owners)(attached).
B. I requested an investigation by the Florida Chief Inspector General's office on March 19, 2016. I received a maladroit response March 21, 2016 Iattached), inter alia investigating nothing and ducking jurisdiction of my "concerns" -- illegal invidious discrimination against black people by the Executive Office of the Governor, RICHARD LYNN SCOTT in violation of Title VI of the 1964 Civil Rights Act and the Fourteenth Amendment
C. The facts are irrefragable, as documented in my unrebutted March 18, 2016 letter to Ms. Melinda Miguel the Florida Chief Inspector General (response attached):
1. Please investigate Florida Governor RICK SCOTT's outgoing Chief of Staff (Ms. MELISSA SELLERS), his Deputy Chief of Staff (Mr. KARL RASMUSSEN), and others on the Executive Office of the Governor (EOG) staff and the Florida Department of Environmental Protection (FDEP) staff for procuring and recommending the Governor's March 17, 2016 8 PM line item veto of a $200,000 legislative matching grant appropriation for engineering work for West Augustine, Florida sewer service. Their actions violate the 1964 Civil Rights Act, the Fourteenth Amendment, and thus constitute waste, fraud and abuse under CIG jurisdiction.
2. This $200,000 matching grant legislative appropriation was passed by our State of Florida 2016 legislature. Why? To promote public health and economic development for West Augustine -- a long-neglected low-income African American neighborhood in wealthy St. Johns County -- a struggling, poor black community that was historically the victim of environmental institutional racism by both St. Johns County and the City of St. Augustine, Florida, which Rev. Dr. Martin Luther King, Jr. called "the most lawless city in America."
3. E coli. from leaking West Augustine septic tanks contaminates sanitary drinking water wells, risking disease and death -- it is an imminent life safety hazard and a clear and present danger to public health. West Augustine was long denied annexation into the City of St. Augustine and it was denied sewers by both the City and the County. Why? Due to decades of institutional racism on the part of City and County officials. Our louche local governments were insouciant, intolerant and insolent -- until very recently -- toward environmental justice, civil rights and the equal protection clause of the Fourteenth Amendment. During 2005-2006, our then St. Augustine City Manager (WILLIAM BARRY HARRISS) actually dumped a landfill in a lake in West Augustine. HARRISS perpetrated other environmental crimes in low-income communities including sewage pollution of our saltwater marsh at the south end of Lincolnville, founded by freed slaves in 1866. The City and HARRISS were never being prosecuted by Florida or federal officials. This desuetude of law enforcement does not give people a sense of confidence in our state and federal environmental regulators. [HARRISS now works for Sheriff DAVID SHOAR. Governor SCOTT unlawfully named HARRISS on or about August 2, 2013, as the lone "public" member of the Florida Criminal Justice Standards and Training Commission (FCSTC). There can be only one person per employing agency (except the state prison system) F.S. 943.11(1)(b), and the "citizen" member cannot be a law enforcement officer eligible for appointment as such, F.S. 943.11(1)(a).]
4. Malign governmental neglect of the low-income African-American community of West Augustine, Florida has been well documented by local newspapers, by my blog and in television documentaries by Flagler College graduate Jeremy Dean ("Dare Not Walk Alone") and by former United Nations Ambassador Andrew Young ("Crossing in St. Augustine"), et al. Enough discrimination.
5. Florida Governor RICHARD LYNN SCOTT's veto of a small line item of only $200,000 is blatant environmental racism and a violation of Title VI of the 1964 Civil Rights Act and the Fourteenth Amendment to the United States Constitution: the same EOG staff did not recommend a line item veto of $2,885,005 appropriation in the very same county for river dredging for Summer Haven vacation homes.
6. Respondents MELLISSA SELLERS and KARL RASMUSSEN are unjust stewards who procured an unjust veto; it potentially puts at risk all federal grants for violation of Title VI of the 1964 Civil Rights Act.
7. This line item veto is without business or public policy basis. It is freighted with prejudice, animus, waste, fraud and abuse of the legislative veto process -- outrageous, intentional invidious discrimination against African-Americans in violation of the United States Constitution, which RASMUSSEN and SELLERS swore to uphold as a condition of their oath of office.
8. This line item veto evidences environmental racism, discrimination against a low-income community. Yet rich people in Summer Haven got a $2.9 million legislative grant for river dredging benefitting vacation homes, where there is no imminent life safety hazard. Why?
9. Both the West Augustine African-America community and our City and County Commissioners are now united in resolving the problem, yet the Governor's maladroit, staff recommended a line veto, which now potentially subjects our State of Florida to a federal funds cutoff under Title VI.
10. On what theory did Respondent top EOG staffers MELISSA SELLERS and KARL RASMUSSEN procure this wrongfully racist veto by the Governor?
11. We still don't know why Governor SCOTT vetoed the $200,000 appropriation. My efforts to obtain EOG documents have been unavailing to date. See my four pending Open Records Requests Nos. 2016-106 through 2016-109 (below).
12. I respectfully request that you commence an investigation immediately: please secure, preserve and protect all evidence relevant to your civil, criminal and administrative investigation, to prevent deletion, spoliation, or material alteration of documents.
13. I am today alerting the U.S. Department of Justice and Environmental Protection Agency.
14. By copy of this e-mail, I am advising Respondents MELISSA SELLERS, KARL RASMUSSEN, et al. in EOG that any document destruction, any e-mail deletion, any material alteration of documents, any post hoc creation of documents, any spoliation of evidence, any witness tampering or any other sort of obstruction of justice could be prosecuted as federal crimes (and be subject to federal grand jury and Congressional investigation).
Fiat justitia ruat caelum. (Let justice be done though the heavens fall.)
The only response was the maladroit March 21, 2016 form letter (attached), signed by Erin Romeiser, Investigations Manager, Florida Governor's Chief Inspector General who has not returned my call and whose staff states that this IG curiously has "no special agents."
Thank you, General Gupta, in advance, for directing the Civil Rights Division and FBI to investigate Governor Scott's veto of a mere $200,000 for West Augustine sewers.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: easlavin
To: cig
Sent: Sat, Mar 19, 2016 3:48 pm
Subject: Investigation by Florida Chief Inspector General Melinda Miguel of EOG Staff Procuring Governor Scott's Veto of $200,000 West Augustine Sewer Matching Grant
Dear Chief Inspector General Miguel:
1. Please investigate Florida Governor RICK SCOTT's outgoing Chief of Staff (Ms. MELISSA SELLERS), his Deputy Chief of Staff (Mr. KARL RASMUSSEN), and others on the Executive Office of the Governor (EOG) staff and the Florida Department of Environmental Protection (FDEP) staff for procuring and recommending the Governor's March 17, 2016 8 PM line item veto of a $200,000 legislative matching grant appropriation for engineering work for West Augustine, Florida sewer service. Their actions violate the 1964 Civil Rights Act, the Fourteenth Amendment, and thus constitute waste, fraud and abuse under CIG jurisdiction.
2. This $200,000 matching grant legislative appropriation was passed by our State of Florida 2016 legislature. Why? To promote public health and economic development for West Augustine -- a long-neglected low-income African American neighborhood in wealthy St. Johns County -- a struggling, poor black community that was historically the victim of environmental institutional racism by both St. Johns County and the City of St. Augustine, Florida, which Rev. Dr. Martin Luther King, Jr. called "the most lawless city in America."
3. E coli. from leaking West Augustine septic tanks contaminates sanitary drinking water wells, risking disease and death -- it is an imminent life safety hazard and a clear and present danger to public health. West Augustine was long denied annexation into the City of St. Augustine and it was denied sewers by both the City and the County. Why? Due to decades of institutional racism on the part of City and County officials. Our louche local governments were insouciant, intolerant and insolent -- until very recently -- toward environmental justice, civil rights and the equal protection clause of the Fourteenth Amendment. During 2005-2006, our then St. Augustine City Manager (WILLIAM BARRY HARRISS) actually dumped a landfill in a lake in West Augustine. HARRISS perpetrated other environmental crimes in low-income communities including sewage pollution of our saltwater marsh at the south end of Lincolnville, founded by freed slaves in 1866. The City and HARRISS were never being prosecuted by Florida or federal officials. This desuetude of law enforcement does not give people a sense of confidence in our state and federal environmental regulators. [HARRISS now works for Sheriff DAVID SHOAR. Governor SCOTT unlawfully named HARRISS on or about August 2, 2013, as the lone "public" member of the Florida Criminal Justice Standards and Training Commission (FCSTC). There can be only one person per employing agency (except the state prison system) F.S. 943.11(1)(b), and the "citizen" member cannot be a law enforcement officer eligible for appointment as such, F.S. 943.11(1)(a).]
4. Malign governmental neglect of the low-income African-American community of West Augustine, Florida has been well documented by local newspapers, by my blog and in television documentaries by Flagler College graduate Jeremy Dean ("Dare Not Walk Alone") and by former United Nations Ambassador Andrew Young ("Crossing in St. Augustine"), et al. Enough discrimination.
5. Florida Governor RICHARD LYNN SCOTT's veto of a small line item of only $200,000 is blatant environmental racism and a violation of Title VI of the 1964 Civil Rights Act and the Fourteenth Amendment to the United States Constitution: the same EOG staff did not recommend a line item veto of $2,885,005 appropriation in the very same county for river dredging for Summer Haven vacation homes.
6. Respondents MELLISSA SELLERS and KARL RASMUSSEN are unjust stewards who procured an unjust veto; it potentially puts at risk all federal grants for violation of Title VI of the 1964 Civil Rights Act.
7. This line item veto is without business or public policy basis. It is freighted with prejudice, animus, waste, fraud and abuse of the legislative veto process -- outrageous, intentional invidious discrimination against African-Americans in violation of the United States Constitution, which RASMUSSEN and SELLERS swore to uphold as a condition of their oath of office.
8. This line item veto evidences environmental racism, discrimination against a low-income community. Yet rich people in Summer Haven got a $2.9 million legislative grant for river dredging benefitting vacation homes, where there is no imminent life safety hazard. Why?
9. Both the West Augustine African-America community and our City and County Commissioners are now united in resolving the problem, yet the Governor's maladroit, staff recommended a line veto, which now potentially subjects our State of Florida to a federal funds cutoff under Title VI.
10. On what theory did Respondent top EOG staffers MELISSA SELLERS and KARL RASMUSSEN procure this wrongfully racist veto by the Governor?
11. We still don't know why Governor SCOTT vetoed the $200,000 appropriation. My efforts to obtain EOG documents have been unavailing to date. See my four pending Open Records Requests Nos. 2016-106 through 2016-109 (below).
12. I respectfully request that you commence an investigation immediately: please secure, preserve and protect all evidence relevant to your civil, criminal and administrative investigation, to prevent deletion, spoliation, or material alteration of documents.
13. I am today alerting the U.S. Department of Justice and Environmental Protection Agency.
14. By copy of this e-mail, I am advising Respondents MELISSA SELLERS, KARL RASMUSSEN, et al. in EOG that any document destruction, any e-mail deletion, any material alteration of documents, any post hoc creation of documents, any spoliation of evidence, any witness tampering or any other sort of obstruction of justice could be prosecuted as federal crimes (and be subject to federal grand jury and Congressional investigation).
Fiat justitia ruat caelum. (Let justice be done though the heavens fall.)
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: easlavin
To: scottopengov
Sent: Fri, Mar 18, 2016 4:01 pm
Subject: Re: Request No. 2016-107: Environmental Justice evaluation of 2016 vetos
Dear Ms. Sams:
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: Scott Open Government
To: easlavin; Scott Open Government
Sent: Fri, Mar 18, 2016 3:51 pm
Subject: RE: Request No. 2016-107: Environmental Justice evaluation of 2016 vetos
Dear Mr. Slavin,
The Governor’s Office of Open Government is in receipt of your request for records as stated in your email below. A search for responsive records will be initiated and someone from this office will be back in touch with you soon. If the search produces a volume of records which indicates that there will be a fee associated with your request, you will be provided with a fee estimate for your review. Thank you for contacting the Executive Office of the Governor.
Sincerely,
Savannah Sams
Office of Open Government
Executive Office of Governor Rick Scott
PL-04 The Capitol
Tallahassee, FL 32399
(850) 717-9245
Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure. Under Florida law email addresses are public records.
Learn more about how Governor Rick Scott is creating an environment where private-sector jobs can grow and Florida’s schools prepare students for college and careers. Sign up to receive Governor Scott’s e-mail updates at www.FLGov.com/newsletter.
From: easlavin@aol.com [mailto:easlavin@aol.com]
Sent: Thursday, March 17, 2016 1:35 PM
To: Scott Open Government
Subject: Request No. 2016-107: Environmental Justice evaluation of 2016 vetos
Dear Governor Scott:
Please send documents.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: easlavin
To: scottopengov
Sent: Fri, Mar 18, 2016 4:01 pm
Subject: Re: Request No. 2016-107: Environmental Justice evaluation of 2016 vetos
Dear Ms. Sams:
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: Scott Open Government
To: easlavin; Scott Open Government
Sent: Fri, Mar 18, 2016 3:51 pm
Subject: RE: Request No. 2016-107: Environmental Justice evaluation of 2016 vetos
Dear Mr. Slavin,
The Governor’s Office of Open Government is in receipt of your request for records as stated in your email below. A search for responsive records will be initiated and someone from this office will be back in touch with you soon. If the search produces a volume of records which indicates that there will be a fee associated with your request, you will be provided with a fee estimate for your review. Thank you for contacting the Executive Office of the Governor.
Sincerely,
Savannah Sams
Office of Open Government
Executive Office of Governor Rick Scott
PL-04 The Capitol
Tallahassee, FL 32399
(850) 717-9245
Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure. Under Florida law email addresses are public records.
Learn more about how Governor Rick Scott is creating an environment where private-sector jobs can grow and Florida’s schools prepare students for college and careers. Sign up to receive Governor Scott’s e-mail updates at www.FLGov.com/newsletter.
From: easlavin@aol.com [mailto:easlavin@aol.com]
Sent: Thursday, March 17, 2016 1:35 PM
To: Scott Open Government
Subject: Request No. 2016-107: Environmental Justice evaluation of 2016 vetos
Dear Governor Scott:
Please send documents.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: easlavin
To: scottopengov
Sent: Fri, Mar 18, 2016 4:00 pm
Subject: Re: Request No. 2016-108: Equal protection clause analysis of 2016 vetos
Dear Ms. Sams:
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: Scott Open Government
To: easlavin
Sent: Fri, Mar 18, 2016 3:52 pm
Subject: RE: Request No. 2016-108: Equal protection clause analysis of 2016 vetos
Dear Mr. Slavin,
The Governor’s Office of Open Government is in receipt of your request for records as stated in your email below. A search for responsive records will be initiated and someone from this office will be back in touch with you soon. If the search produces a volume of records which indicates that there will be a fee associated with your request, you will be provided with a fee estimate for your review. Thank you for contacting the Executive Office of the Governor.
Sincerely,
Savannah Sams
Office of Open Government
Executive Office of Governor Rick Scott
PL-04 The Capitol
Tallahassee, FL 32399
(850) 717-9245
Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure. Under Florida law email addresses are public records.
Learn more about how Governor Rick Scott is creating an environment where private-sector jobs can grow and Florida’s schools prepare students for college and careers. Sign up to receive Governor Scott’s e-mail updates at www.FLGov.com/newsletter.
From: easlavin@aol.com [mailto:easlavin@aol.com]
Sent: Thursday, March 17, 2016 1:36 PM
To: Scott Open Government
Subject: Request No. 2016-108: Equal protection clause analysis of 2016 vetos
Dear Governor Scott:
Please send documents. Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: easlavin
To: scottopengov
Sent: Fri, Mar 18, 2016 3:58 pm
Subject: Re: Request No. 2016-109: Public Relations analysis of proposed 2016 vetoes
Dear Ms. Sams:
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: Scott Open Government
To: easlavin
Sent: Fri, Mar 18, 2016 3:52 pm
Subject: RE: Request No. 2016-109: Public Relations analysis of proposed 2016 vetoes
Dear Mr. Slavin,
The Governor’s Office of Open Government is in receipt of your request for records as stated in your email below. A search for responsive records will be initiated and someone from this office will be back in touch with you soon. If the search produces a volume of records which indicates that there will be a fee associated with your request, you will be provided with a fee estimate for your review. Thank you for contacting the Executive Office of the Governor.
Sincerely,
Savannah Sams
Office of Open Government
Executive Office of Governor Rick Scott
PL-04 The Capitol
Tallahassee, FL 32399
(850) 717-9245
Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure. Under Florida law email addresses are public records.
Learn more about how Governor Rick Scott is creating an environment where private-sector jobs can grow and Florida’s schools prepare students for college and careers. Sign up to receive Governor Scott’s e-mail updates at www.FLGov.com/newsletter.
From: easlavin@aol.com [mailto:easlavin@aol.com]
Sent: Thursday, March 17, 2016 1:38 PM
To: Scott Open Government
Subject: Request No. 2016-109: Public Relations analysis of proposed 2016 vetoes
Dear Governor Scott:
Please send documents.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
Yesterday, after a diffident response to my complaint to the Florida Chief Inspector General, I filed a complaint against RICK SCOTT with the Justice Department over his unseemly, unconstitutional ukase -- his veto of a mere $200,000 for West Augustine sewers. Here it is:
-----Original Message-----
From: easlavin
To: vanita.gupta
Sent: Tue, Mar 22, 2016 3:18 pm
Subject: Re: Civil Rights Investigation of Florida Governor RICK SCOTT's Veto of $200,000 West Augustine Sewer Matching Grant (and Governor's Chief IG's Refusal to Investigate EOG staff)
Please see attachment, inadvertently omitted from earlier e-mail.
Thank you.
-----Original Message-----
From: easlavin
To: vanita.gupta
Sent: Tue, Mar 22, 2016 3:15 pm
Subject: Civil Rights Investigation of Florida Governor RICK SCOTT's Veto of $200,000 West Augustine Sewer Matching Grant (and Governor's Chief IG's Refusal to Investigate EOG staff)
Dear General Gupta:
Thank you for your wise years of government and private bono practice in advancement of civil rights.
Will you direct your Civil Rights Division staff to please help us remedy decades of civil rights wrongs here in St. Augustine, Florida, today?:
A. Pursuant to Title VI of the 1964 Civil Rights Act, please direct the Civil Rights Division and the FBI to investigate Florida Governor RICHARD LYNN SCOTT's veto of $200,000 for West Augustine sewers for a struggling low-income African-American neighborhood, while not vetoing a project in the same county (St. Johns) to spend $2.8 million appropriation to dredge Summer Haven River, which a storm filled with sand (benefitting a few wealthy vacation home owners)(attached).
B. I requested an investigation by the Florida Chief Inspector General's office on March 19, 2016. I received a maladroit response March 21, 2016 Iattached), inter alia investigating nothing and ducking jurisdiction of my "concerns" -- illegal invidious discrimination against black people by the Executive Office of the Governor, RICHARD LYNN SCOTT in violation of Title VI of the 1964 Civil Rights Act and the Fourteenth Amendment
C. The facts are irrefragable, as documented in my unrebutted March 18, 2016 letter to Ms. Melinda Miguel the Florida Chief Inspector General (response attached):
1. Please investigate Florida Governor RICK SCOTT's outgoing Chief of Staff (Ms. MELISSA SELLERS), his Deputy Chief of Staff (Mr. KARL RASMUSSEN), and others on the Executive Office of the Governor (EOG) staff and the Florida Department of Environmental Protection (FDEP) staff for procuring and recommending the Governor's March 17, 2016 8 PM line item veto of a $200,000 legislative matching grant appropriation for engineering work for West Augustine, Florida sewer service. Their actions violate the 1964 Civil Rights Act, the Fourteenth Amendment, and thus constitute waste, fraud and abuse under CIG jurisdiction.
2. This $200,000 matching grant legislative appropriation was passed by our State of Florida 2016 legislature. Why? To promote public health and economic development for West Augustine -- a long-neglected low-income African American neighborhood in wealthy St. Johns County -- a struggling, poor black community that was historically the victim of environmental institutional racism by both St. Johns County and the City of St. Augustine, Florida, which Rev. Dr. Martin Luther King, Jr. called "the most lawless city in America."
3. E coli. from leaking West Augustine septic tanks contaminates sanitary drinking water wells, risking disease and death -- it is an imminent life safety hazard and a clear and present danger to public health. West Augustine was long denied annexation into the City of St. Augustine and it was denied sewers by both the City and the County. Why? Due to decades of institutional racism on the part of City and County officials. Our louche local governments were insouciant, intolerant and insolent -- until very recently -- toward environmental justice, civil rights and the equal protection clause of the Fourteenth Amendment. During 2005-2006, our then St. Augustine City Manager (WILLIAM BARRY HARRISS) actually dumped a landfill in a lake in West Augustine. HARRISS perpetrated other environmental crimes in low-income communities including sewage pollution of our saltwater marsh at the south end of Lincolnville, founded by freed slaves in 1866. The City and HARRISS were never being prosecuted by Florida or federal officials. This desuetude of law enforcement does not give people a sense of confidence in our state and federal environmental regulators. [HARRISS now works for Sheriff DAVID SHOAR. Governor SCOTT unlawfully named HARRISS on or about August 2, 2013, as the lone "public" member of the Florida Criminal Justice Standards and Training Commission (FCSTC). There can be only one person per employing agency (except the state prison system) F.S. 943.11(1)(b), and the "citizen" member cannot be a law enforcement officer eligible for appointment as such, F.S. 943.11(1)(a).]
4. Malign governmental neglect of the low-income African-American community of West Augustine, Florida has been well documented by local newspapers, by my blog and in television documentaries by Flagler College graduate Jeremy Dean ("Dare Not Walk Alone") and by former United Nations Ambassador Andrew Young ("Crossing in St. Augustine"), et al. Enough discrimination.
5. Florida Governor RICHARD LYNN SCOTT's veto of a small line item of only $200,000 is blatant environmental racism and a violation of Title VI of the 1964 Civil Rights Act and the Fourteenth Amendment to the United States Constitution: the same EOG staff did not recommend a line item veto of $2,885,005 appropriation in the very same county for river dredging for Summer Haven vacation homes.
6. Respondents MELLISSA SELLERS and KARL RASMUSSEN are unjust stewards who procured an unjust veto; it potentially puts at risk all federal grants for violation of Title VI of the 1964 Civil Rights Act.
7. This line item veto is without business or public policy basis. It is freighted with prejudice, animus, waste, fraud and abuse of the legislative veto process -- outrageous, intentional invidious discrimination against African-Americans in violation of the United States Constitution, which RASMUSSEN and SELLERS swore to uphold as a condition of their oath of office.
8. This line item veto evidences environmental racism, discrimination against a low-income community. Yet rich people in Summer Haven got a $2.9 million legislative grant for river dredging benefitting vacation homes, where there is no imminent life safety hazard. Why?
9. Both the West Augustine African-America community and our City and County Commissioners are now united in resolving the problem, yet the Governor's maladroit, staff recommended a line veto, which now potentially subjects our State of Florida to a federal funds cutoff under Title VI.
10. On what theory did Respondent top EOG staffers MELISSA SELLERS and KARL RASMUSSEN procure this wrongfully racist veto by the Governor?
11. We still don't know why Governor SCOTT vetoed the $200,000 appropriation. My efforts to obtain EOG documents have been unavailing to date. See my four pending Open Records Requests Nos. 2016-106 through 2016-109 (below).
12. I respectfully request that you commence an investigation immediately: please secure, preserve and protect all evidence relevant to your civil, criminal and administrative investigation, to prevent deletion, spoliation, or material alteration of documents.
13. I am today alerting the U.S. Department of Justice and Environmental Protection Agency.
14. By copy of this e-mail, I am advising Respondents MELISSA SELLERS, KARL RASMUSSEN, et al. in EOG that any document destruction, any e-mail deletion, any material alteration of documents, any post hoc creation of documents, any spoliation of evidence, any witness tampering or any other sort of obstruction of justice could be prosecuted as federal crimes (and be subject to federal grand jury and Congressional investigation).
Fiat justitia ruat caelum. (Let justice be done though the heavens fall.)
The only response was the maladroit March 21, 2016 form letter (attached), signed by Erin Romeiser, Investigations Manager, Florida Governor's Chief Inspector General who has not returned my call and whose staff states that this IG curiously has "no special agents."
Thank you, General Gupta, in advance, for directing the Civil Rights Division and FBI to investigate Governor Scott's veto of a mere $200,000 for West Augustine sewers.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: easlavin
To: cig
Sent: Sat, Mar 19, 2016 3:48 pm
Subject: Investigation by Florida Chief Inspector General Melinda Miguel of EOG Staff Procuring Governor Scott's Veto of $200,000 West Augustine Sewer Matching Grant
Dear Chief Inspector General Miguel:
1. Please investigate Florida Governor RICK SCOTT's outgoing Chief of Staff (Ms. MELISSA SELLERS), his Deputy Chief of Staff (Mr. KARL RASMUSSEN), and others on the Executive Office of the Governor (EOG) staff and the Florida Department of Environmental Protection (FDEP) staff for procuring and recommending the Governor's March 17, 2016 8 PM line item veto of a $200,000 legislative matching grant appropriation for engineering work for West Augustine, Florida sewer service. Their actions violate the 1964 Civil Rights Act, the Fourteenth Amendment, and thus constitute waste, fraud and abuse under CIG jurisdiction.
2. This $200,000 matching grant legislative appropriation was passed by our State of Florida 2016 legislature. Why? To promote public health and economic development for West Augustine -- a long-neglected low-income African American neighborhood in wealthy St. Johns County -- a struggling, poor black community that was historically the victim of environmental institutional racism by both St. Johns County and the City of St. Augustine, Florida, which Rev. Dr. Martin Luther King, Jr. called "the most lawless city in America."
3. E coli. from leaking West Augustine septic tanks contaminates sanitary drinking water wells, risking disease and death -- it is an imminent life safety hazard and a clear and present danger to public health. West Augustine was long denied annexation into the City of St. Augustine and it was denied sewers by both the City and the County. Why? Due to decades of institutional racism on the part of City and County officials. Our louche local governments were insouciant, intolerant and insolent -- until very recently -- toward environmental justice, civil rights and the equal protection clause of the Fourteenth Amendment. During 2005-2006, our then St. Augustine City Manager (WILLIAM BARRY HARRISS) actually dumped a landfill in a lake in West Augustine. HARRISS perpetrated other environmental crimes in low-income communities including sewage pollution of our saltwater marsh at the south end of Lincolnville, founded by freed slaves in 1866. The City and HARRISS were never being prosecuted by Florida or federal officials. This desuetude of law enforcement does not give people a sense of confidence in our state and federal environmental regulators. [HARRISS now works for Sheriff DAVID SHOAR. Governor SCOTT unlawfully named HARRISS on or about August 2, 2013, as the lone "public" member of the Florida Criminal Justice Standards and Training Commission (FCSTC). There can be only one person per employing agency (except the state prison system) F.S. 943.11(1)(b), and the "citizen" member cannot be a law enforcement officer eligible for appointment as such, F.S. 943.11(1)(a).]
4. Malign governmental neglect of the low-income African-American community of West Augustine, Florida has been well documented by local newspapers, by my blog and in television documentaries by Flagler College graduate Jeremy Dean ("Dare Not Walk Alone") and by former United Nations Ambassador Andrew Young ("Crossing in St. Augustine"), et al. Enough discrimination.
5. Florida Governor RICHARD LYNN SCOTT's veto of a small line item of only $200,000 is blatant environmental racism and a violation of Title VI of the 1964 Civil Rights Act and the Fourteenth Amendment to the United States Constitution: the same EOG staff did not recommend a line item veto of $2,885,005 appropriation in the very same county for river dredging for Summer Haven vacation homes.
6. Respondents MELLISSA SELLERS and KARL RASMUSSEN are unjust stewards who procured an unjust veto; it potentially puts at risk all federal grants for violation of Title VI of the 1964 Civil Rights Act.
7. This line item veto is without business or public policy basis. It is freighted with prejudice, animus, waste, fraud and abuse of the legislative veto process -- outrageous, intentional invidious discrimination against African-Americans in violation of the United States Constitution, which RASMUSSEN and SELLERS swore to uphold as a condition of their oath of office.
8. This line item veto evidences environmental racism, discrimination against a low-income community. Yet rich people in Summer Haven got a $2.9 million legislative grant for river dredging benefitting vacation homes, where there is no imminent life safety hazard. Why?
9. Both the West Augustine African-America community and our City and County Commissioners are now united in resolving the problem, yet the Governor's maladroit, staff recommended a line veto, which now potentially subjects our State of Florida to a federal funds cutoff under Title VI.
10. On what theory did Respondent top EOG staffers MELISSA SELLERS and KARL RASMUSSEN procure this wrongfully racist veto by the Governor?
11. We still don't know why Governor SCOTT vetoed the $200,000 appropriation. My efforts to obtain EOG documents have been unavailing to date. See my four pending Open Records Requests Nos. 2016-106 through 2016-109 (below).
12. I respectfully request that you commence an investigation immediately: please secure, preserve and protect all evidence relevant to your civil, criminal and administrative investigation, to prevent deletion, spoliation, or material alteration of documents.
13. I am today alerting the U.S. Department of Justice and Environmental Protection Agency.
14. By copy of this e-mail, I am advising Respondents MELISSA SELLERS, KARL RASMUSSEN, et al. in EOG that any document destruction, any e-mail deletion, any material alteration of documents, any post hoc creation of documents, any spoliation of evidence, any witness tampering or any other sort of obstruction of justice could be prosecuted as federal crimes (and be subject to federal grand jury and Congressional investigation).
Fiat justitia ruat caelum. (Let justice be done though the heavens fall.)
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: easlavin
To: scottopengov
Sent: Fri, Mar 18, 2016 4:01 pm
Subject: Re: Request No. 2016-107: Environmental Justice evaluation of 2016 vetos
Dear Ms. Sams:
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: Scott Open Government
To: easlavin
Sent: Fri, Mar 18, 2016 3:51 pm
Subject: RE: Request No. 2016-107: Environmental Justice evaluation of 2016 vetos
Dear Mr. Slavin,
The Governor’s Office of Open Government is in receipt of your request for records as stated in your email below. A search for responsive records will be initiated and someone from this office will be back in touch with you soon. If the search produces a volume of records which indicates that there will be a fee associated with your request, you will be provided with a fee estimate for your review. Thank you for contacting the Executive Office of the Governor.
Sincerely,
Savannah Sams
Office of Open Government
Executive Office of Governor Rick Scott
PL-04 The Capitol
Tallahassee, FL 32399
(850) 717-9245
Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure. Under Florida law email addresses are public records.
Learn more about how Governor Rick Scott is creating an environment where private-sector jobs can grow and Florida’s schools prepare students for college and careers. Sign up to receive Governor Scott’s e-mail updates at www.FLGov.com/newsletter.
From: easlavin@aol.com [mailto:easlavin@aol.com]
Sent: Thursday, March 17, 2016 1:35 PM
To: Scott Open Government
Subject: Request No. 2016-107: Environmental Justice evaluation of 2016 vetos
Dear Governor Scott:
Please send documents.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: easlavin
To: scottopengov
Sent: Fri, Mar 18, 2016 4:01 pm
Subject: Re: Request No. 2016-107: Environmental Justice evaluation of 2016 vetos
Dear Ms. Sams:
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: Scott Open Government
To: easlavin
Sent: Fri, Mar 18, 2016 3:51 pm
Subject: RE: Request No. 2016-107: Environmental Justice evaluation of 2016 vetos
Dear Mr. Slavin,
The Governor’s Office of Open Government is in receipt of your request for records as stated in your email below. A search for responsive records will be initiated and someone from this office will be back in touch with you soon. If the search produces a volume of records which indicates that there will be a fee associated with your request, you will be provided with a fee estimate for your review. Thank you for contacting the Executive Office of the Governor.
Sincerely,
Savannah Sams
Office of Open Government
Executive Office of Governor Rick Scott
PL-04 The Capitol
Tallahassee, FL 32399
(850) 717-9245
Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure. Under Florida law email addresses are public records.
Learn more about how Governor Rick Scott is creating an environment where private-sector jobs can grow and Florida’s schools prepare students for college and careers. Sign up to receive Governor Scott’s e-mail updates at www.FLGov.com/newsletter.
From: easlavin@aol.com [mailto:easlavin@aol.com]
Sent: Thursday, March 17, 2016 1:35 PM
To: Scott Open Government
Subject: Request No. 2016-107: Environmental Justice evaluation of 2016 vetos
Dear Governor Scott:
Please send documents.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: easlavin
To: scottopengov
Sent: Fri, Mar 18, 2016 4:00 pm
Subject: Re: Request No. 2016-108: Equal protection clause analysis of 2016 vetos
Dear Ms. Sams:
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: Scott Open Government
To: easlavin
Sent: Fri, Mar 18, 2016 3:52 pm
Subject: RE: Request No. 2016-108: Equal protection clause analysis of 2016 vetos
Dear Mr. Slavin,
The Governor’s Office of Open Government is in receipt of your request for records as stated in your email below. A search for responsive records will be initiated and someone from this office will be back in touch with you soon. If the search produces a volume of records which indicates that there will be a fee associated with your request, you will be provided with a fee estimate for your review. Thank you for contacting the Executive Office of the Governor.
Sincerely,
Savannah Sams
Office of Open Government
Executive Office of Governor Rick Scott
PL-04 The Capitol
Tallahassee, FL 32399
(850) 717-9245
Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure. Under Florida law email addresses are public records.
Learn more about how Governor Rick Scott is creating an environment where private-sector jobs can grow and Florida’s schools prepare students for college and careers. Sign up to receive Governor Scott’s e-mail updates at www.FLGov.com/newsletter.
From: easlavin@aol.com [mailto:easlavin@aol.com]
Sent: Thursday, March 17, 2016 1:36 PM
To: Scott Open Government
Subject: Request No. 2016-108: Equal protection clause analysis of 2016 vetos
Dear Governor Scott:
Please send documents. Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: easlavin
To: scottopengov
Sent: Fri, Mar 18, 2016 3:58 pm
Subject: Re: Request No. 2016-109: Public Relations analysis of proposed 2016 vetoes
Dear Ms. Sams:
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
-----Original Message-----
From: Scott Open Government
To: easlavin
Sent: Fri, Mar 18, 2016 3:52 pm
Subject: RE: Request No. 2016-109: Public Relations analysis of proposed 2016 vetoes
Dear Mr. Slavin,
The Governor’s Office of Open Government is in receipt of your request for records as stated in your email below. A search for responsive records will be initiated and someone from this office will be back in touch with you soon. If the search produces a volume of records which indicates that there will be a fee associated with your request, you will be provided with a fee estimate for your review. Thank you for contacting the Executive Office of the Governor.
Sincerely,
Savannah Sams
Office of Open Government
Executive Office of Governor Rick Scott
PL-04 The Capitol
Tallahassee, FL 32399
(850) 717-9245
Please note that Florida has a broad public records law, and that all correspondence to me via email may be subject to disclosure. Under Florida law email addresses are public records.
Learn more about how Governor Rick Scott is creating an environment where private-sector jobs can grow and Florida’s schools prepare students for college and careers. Sign up to receive Governor Scott’s e-mail updates at www.FLGov.com/newsletter.
From: easlavin@aol.com [mailto:easlavin@aol.com]
Sent: Thursday, March 17, 2016 1:38 PM
To: Scott Open Government
Subject: Request No. 2016-109: Public Relations analysis of proposed 2016 vetoes
Dear Governor Scott:
Please send documents.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.edslavin.com
904-377-4998
Subscribe to:
Posts (Atom)