Friday, February 03, 2017

Deleting Underground Parking From Marriott Renaissance/San Marco Hotel: Did Local Developer, Lawyer Keep Corporate Execs in the Dark?

Deleting underground parking at the proposed MARIOTT RENAISSANCE here would create a public nuisance on our small town's streets and sidewalks.

Pursuant to the Sarbanes-Oxley Act, I've reported hotelier-developer KANTI PATEL, ST. JOHNS LAW GROUP and lawyer JAMES GEORGE WHITEHOUSE, et al. to MARRIOTT INTERNATIONAL's Audit Committee.  The flummery, dupery and nincompoopery on deletion of the underground parking requires investigation by the parent company.

Come speak against PATEL's folly at 399 Riberia Street, 2 PM, February 7, 2017, PZB meeting.

I've asked MARRIOTT to send a lawyer and a project manager to answer PZB and citizen questions.\


Stay tuned.

-----Original Message-----
From: Ed Slavin
To: edward.ryan
Cc: business.ethics ; steve.nelson ; architectureandconstruction
Sent: Fri, Feb 3, 2017 1:10 pm
Subject: Re: URGENT SARBANES-OXLEY ACT REPORT: Marriott Renaissance St. Augustine, Florida -- Franchisee's Proposed Deletion of Underground Parking Would Create A Public Nuisance and Embarrass Marriott

Dear Mr. Ryan:
Please acknowledge receipt of my correspondence.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: edward.ryan <edward.ryan@marriott.com>
Cc: business.ethics <business.ethics@marriott.com>; steve.nelson <steve.nelson@marriott.com>; architectureandconstruction <architectureandconstruction@marriott.com>
Sent: Thu, Feb 2, 2017 2:54 pm
Subject: URGENT SARBANES-OXLEY ACT REPORT: Marriott Renaissance St. Augustine, Florida -- Franchisee's Proposed Deletion of Underground Parking Would Create A Public Nuisance and Embarrass Marriott


Dear Mr. Ryan:
1. Please call me to discuss the franchisee's proposed deletion of underground parking from the Marriott Renaissance St. Augustine.
2. Please direct your Marriott General Counsel staff to investigate.  Please see e-mails below.
3. Could you please ask one of your OGC attorneys to attend the February 7, 2017 PZB meeting at 2 PM?

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




-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: business.ethics <business.ethics@marriott.com>
Cc: steve.nelson <steve.nelson@marriott.com>; architectureandconstruction <architectureandconstruction@marriott.com>
Sent: Thu, Feb 2, 2017 1:18 pm
Subject: URGENT SARBANES-OXLEY ACT REPORT: Marriott Renaissance St. Augustine, Florida -- Franchisee's Proposed Deletion of Underground Parking Would Create A Public Nuisance and Embarrass Marriott







Dear Messrs. Henderson, Aylwin, et al. as Marriott Audit Committee members:
1. Marriott Renaissance/Kanti Patel/Jalaram Hotels PUD major modification request: Please investigate pursuant to the Sarbanes-Oxley Act the unjustified demand to the City of St. Augustine, Florida -- by Kanti Patel, the Marriott Renaissance franchisee  -- that the government of our small, popular, traffic-clogged Nation's Oldest City approve deletion of underground parking from the longstanding 2006 San Marco Hotel Planned Unit Development ordinance, City Ordinance 2006-16.  

2. Sadly, my earlier earnest efforts to enlighten Marriott were unavailing.  Mr. Nelson refused to talk to me. Why? Please ask him.
3. Material false statements may have been made.  Please view the PZB meeting video and franchisee counsel's statements concerning parking and traffic.  www.cosatv.com.  Did Marriott managers ever have the opportunity to review, critique or approve possible material false statements by franchisee counsel before they were made?   Since that time?  Will Marriott's Audit Committee please request copies of the legal bills in quo by St. Johns Law Group and James George Whitehouse.
4. Please call me to discuss tomorrow -- I expect some pending records requests may yield some illuminating responses.
5. Our City of St. Augustine Planning and Zoning Board meets on franchisee Kanti Patel's underground parking deletion request at 2 PM on Tuesday, February 7th, at Galimore Center, 399 Riberia Street.
6. Will Marriott please assign both a manager and a lawyer to attend that PZB meeting and to supervise its franchisee?  
7. Why risk Marriott's brand?  Just so that a developer might save money?  It would worsen our small historic town's already clogged streets, detracting from St. Augustine's charm while contaminating our busy sidewalks with delivery carts and stinky garbage carts.
8. I look forward to Marriott finally opening this grand hotel, which we residents were promised a decade ago by the applicant.  Marriott's franchisee is legally required to obey St. Augustine City Ordinance 2006-16, by providing underground parking.  
9. Please direct the franchisee to withdraw this unethical, unseemly, unsupportable demand to delete underground parking.    
10. Finally, was Marriott management also aware that this developer has misstated on its website that the hotel will open in Spring 2017?  The franchisee's maladroit staff work may require closer scrutiny by Marriott quality assurance management.
Here's the inaccurate website posting on the Marriott Renaissance St. Augustine, in haec verba:
http://www.jalaramhotels.com/future-development.html (viewed 2/2/2017, 46 days before Spring begins):














          The Renaissance Hotel

16 Castillo Drive  St. Augustine, Florida

The 89 rooms of the San Marco Hotel reflect the classic styling and modern conveniences that visitors to the nation's oldest city have enjoyed for generations. The San Marco Hotel is slated to open in the near future with 2 stories of Southern charm and the warmest of appointments. Plans for this St. Augustine hotel also include an on-site restaurant and 2,500 square feet of flexible meeting and event space. The San Marco Hotel is scheduled to open in Spring of 2017.





Thank you.

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


-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: Steve.Nelson <Steve.Nelson@marriott.com>
Cc: John.Casey <John.Casey@marriott.com>
Sent: Thu, Feb 2, 2017 11:00 am
Subject: Re: Marriott Renaissance St. Augustine, Florida -- Proposed Deletion of Underground Parking Would Create A Public Nuisance and Embarrass Marriott


Dear Mr. Nelson:
1. Please call me today to discuss the Marriott Renaissance St. Augustine, Florida -- proposed deletion of underground parking.

2. Has your prospective franchisee kept Marriott in the dark?
3. Have Marriott managers read the San Marco Hotel Planned Unit Development ordinance, City of St. Augustine Ordinance 2006-16?
4. Have Marriott managers endorsed franchisee Kanti Patel's demand for a major modification of the PUD?
5. Will Marriott have a representative at the February 7, 2017 PZB meeting?
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998

-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: Steve.Nelson <Steve.Nelson@marriott.com>
Cc: John.Casey <John.Casey@marriott.com>
Sent: Wed, Feb 1, 2017 2:21 pm
Subject: Re: Marriott Renaissance St. Augustine, Florida -- Proposed Deletion of Underground Parking Would Create A Public Nuisance and Embarrass Marriott

Dear Mr. Nelson:
Are you available to discuss this project, and objectionable deletion of underground parking, perhaps by telephone tomorrow?
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Casey, John <John.Casey@marriott.com>
To: Ed Slavin <easlavin@aol.com>
Cc: Nelson, Steve <Steve.Nelson@marriott.com>
Sent: Fri, Jan 27, 2017 1:43 pm
Subject: Re: Marriott Renaissance St. Augustine, Florida -- Proposed Deletion of Underground Parking Would Create A Public Nuisance and Embarrass Marriott


Steve: the bellow is in regard to the St. Augustine RH. For you!

John D Casey, AIA
Marriott International
Director, Design and Project Management
Lifestyle brands
202-907-7453

On Jan 27, 2017, at 10:11 AM, Ed Slavin <easlavin@aol.com> wrote:
Dear Mr. Casey:
1. Thank you for your assistance in referring me to your colleague who now supervises the Marriott Renaissance St. Augustine, Florida project.

2. Is Marriott aware of the implications of the proposed deletion of underground parking from the Marriott Renaissance St. Augustine?
3. It would require making deliveries and removing garbage with carts on our crowded city sidewalks, rather than moving them underground.  
4. It would clog our already narrow, overcrowded streets with automobiles seeking surface valet parking. 
5. Has Marriott attempted to simulate the narrow turning radius for the valet parking circle at the proposed redesigned hotel, without underground parking?  It appears that it would be impossible for normal sized automobiles to turn around without difficult in the space provided.
6. Constructing the Marriott Renaissance St. Augustine hotel without underground parking and inadequate surface parking would present a public nuisance, eviscerating our Nation's Oldest City's historic area, ruining HP-5 district as a "buffer" between residential and commercial uses.
7. While deleting underground parking might save Mr. Patel money, the costs are not worth it.  Deleting underground parking would reduce mobility in our Nation's Oldest City and hurt Marriott's brand.  Mobility is one of the most serious problems in our very small City, which is being addressed by consultants.
8. I look forward to Marriott opening this magnificent hotel, with underground parking, as legally required by the Planned Unit Development ordinance, which was drafted after two years of hearings before our City Planning and Zoning Board, our Historic Architectural Review Board, and our City Commission.
9. Please direct the  Marriott Renaissance St. Augustine developer, Mr. Kanti Patel, to stick with his legally binding commitment to underground parking, which has already proven a success at his Bayfront Hilton, surviving Hurricane Matthew without flooding.
10. Would Marriott kindly speak with Mr. Patel?   Perhaps one of your colleagues could attend our City of St. Augustine PZB on February 7, 2017.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998



St. Augustine Beach City Manager's Incompetence, I: Unchanged FPL 30 year franchise proposal not vetted by City Attorney

On the agenda for the Monday, February 6, 2017 St. Augustine Beach City Commission meeting -- one that begins at noon and may not end till 10 pm -- is a "presentation" after 6 PM by Florida Power and Light on a proposed 30 year franchise agreement.  Since the last such presentation,  maladroit City Manager MAX ROYLE has accumulated no documents and evidences no research on alternatives, including solar, wind and a municipal electric utility.   ROYLE demands passage of the monopolistic franchise, ex nihilo, hesto presto.

Snooty, snotty, seemingly senile MAX ROYLE, St. Augustine Beach City Manager:
1. Did not put a time limit on the FPL presentation.
2. Put the presentation ahead of all other business, including general public comment.
3. Did not vet the draft franchise agreement with City Attorney James Patrick Wilson.

Is MAX ROYLE too big for his britches?
Will MAX ROYLE resign before he's fired?

The City Attorney will hire outside counsel to assist Commissioners in electric power issues.

Great move!

What do you reckon?

MALADROIT CITY MANAGER MAX ROYLE removing political signs at City Hall at St. Augustine Beach: ROYLE falls asleep in meetings, and jokes about it in his column.  Is ROYLE merely incompetent, or is this lickspittle for FPL, developers, vendors and special interests corrupt?

The CEO of FPL's parent company receives $33 million in total annual compensation.

FPL has a horrible record of harassing whistleblowers, gouging consumers and buying utility regulators with post-employment sinecures.

Enough.

















-----Original Message-----
From: Ed Slavin
To: comrobrien ; comsgsnodgrass ; comugeorge ; commengland ; comkostka 
Sent: Thu, Feb 2, 2017 2:10 pm
Subject: FPL franchise agreement, drafts and research on alternatives -- municipal electric system, solar and wind farms
Dear Mayor O'Brien, Vice Mayor George, and Commissioners Snodgrass, England and Kostka:

1. City of St. Augustine City Manager Max Royle has done NO research evidenced by any documents: he has deprived you as Mayor, Vice Mayor and Commissioners of accurate, analytical information on alternatives, including a municipal electric system, solar and wind farms.   Please see City of St. Augustine Beach response to my Open Records Request No. 2017-38, below. 

2. Please table and remove the FPL 30 year exclusive franchise proposal from the agenda for the February 6, 2017 meeting.  

3. Please do not vote for this 30 year exclusive franchise with monopolistic FPL, an unconscionable "contract of adhesion." 
4. Please obtain full public participation and expert advice, as was promised in 2015.
5. Please don't make any citizens who were wanting to speak in monthly general public comment wait around for yet another one-sided, long-winded FPL "presentation" on the franchise agreement, which does not expire until 2018.  If FPL wants to speak on its pitiful one-sided proposal, I will question its spokesman (as presumably will other citizens appalled by this item being placed on the agenda).  
6. Let there be no time limits on questions and no effort to chill free speech about this dangerous monopoly seeking a 30 year franchise renewal.
7. By the way, why have there apparently been no City of St. Augustine Beach franchise tax audits of FPL, ever?  The current franchise agreement allows for an annual audit by the City.  I have raised this issue for several years, without a single proferred policy reason in response.
8. Is this refusal to audit FPL franchise tax payments a breach of fiduciary duty?  
9  Is it also possibly a failure to provide "honest services," in violation of federal law?  
10. Please ask counsel, citizens and experts to help you achieve a just decision, not a rubber-stamp of FPL.
It's 30 years, folks.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.edslavin.com

-----Original Message-----
From: Beverly Raddatz <braddatz@cityofsab.org>
To: Ed Slavin <easlavin@aol.com>
Sent: Thu, Feb 2, 2017 12:58 pm
Subject: FW: Request No. 2017-38: FPL franchise agreement drafts and research on alternatives -- municipal electric system, solar and wind farms


Mr. Slavin:
After a reasonable review, the City has found no records responsive to your request; however, the franchise agreement and backup information regarding the FP&L franchise agreement is on our website for the upcoming meeting on February 6th
Sincerely,
Beverly Raddatz, MMC
City Clerk
City of St. Augustine Beach
2200 A1A South
St. Augustine Beach, FL 32080
(904) 471-2122  FAX (904) 471-4108
Confidentiality Notice: This Email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited, and that you have received this E-Mail and any accompanying files in error. You should notify the City of St. Augustine Beach immediately by replying to this message and deleting them from your system. City of St. Augustine Beach does not accept responsibility for changes to E-Mails that occur after they have been sent.
From: Max Royle
Sent: Thursday, February 02, 2017 10:12 AM
To: Ed Slavin <easlavin@aol.com>
Cc: Beverly Raddatz <braddatz@cityofsab.org>
Subject: RE: Request No. 2017-38: FPL franchise agreement drafts and research on alternatives -- municipal electric system, solar and wind farms
Mr. Slavin,
Your request has been forwarded to the City Clerk.
Max
From: Ed Slavin [mailto:easlavin@aol.com]
Sent: Thursday, February 2, 2017 10:11 AM
To: Jim Wilson <
jpwilson@cityofsab.org>; Max Royle <mroyle@cityofsab.org>
Cc: Comm Snodgrass <
comsgsnodgrass@cityofsab.org>
Subject: Request No. 2017-38: FPL franchise agreement drafts and research on alternatives -- municipal electric system, solar and wind farms
Dear Max and Jim:
Please send me all FPL franchise agreement drafts and legal research on alternative municipal electric system economics, including contacts with the American Public Power Association, Florida League of Cities or other organizations.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Max Royle
To: Ed Slavin
Sent: Thu, Feb 2, 2017 4:10 pm
Subject: RE: Request No. 2017-37: FPL franchise tax audit -- why has there never been one by City of St. Augustine Beach

Mr. Slavin,
Your request has been forwarded to the City Clerk.
Max

From: Ed Slavin [mailto:easlavin@aol.com]
Sent: Thursday, February 2, 2017 3:41 PM
To: Beverly Raddatz <braddatz@cityofsab.org>; Max Royle <mroyle@cityofsab.org>
Subject: Re: Request No. 2017-37: FPL franchise tax audit -- why has there never been one by City of St. Augustine Beach

Dear Mr. Royle and Ms. Raddatz:
Thank you. 
Why has there never been an FPL franchise tax audit?
Has there been no such audit in the entire history of the City of St. Augustine Beach?
Why no audits, despite franchise agreement conferring a right to annual franchise tax audits upon the City of St. Augustine Beach?
Who decided that?
Please provide me records and names of those responsible for this desuetude and neglect of duty.
Thank you again for all that you do.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998

-----Original Message-----
From: Beverly Raddatz <braddatz@cityofsab.org>
To: Ed Slavin <easlavin@aol.com>
Sent: Thu, Feb 2, 2017 3:22 pm
Subject: FW: Request No. 2017-37: FPL franchise tax audit
Mr. Slavin:

After a reasonable review, the City has found no records responsive to your request.

Sincerely,

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

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



From: Max Royle
Sent: Thursday, February 02, 2017 10:11 AM
To: Ed Slavin <easlavin@aol.com
>
Cc: Beverly Raddatz <braddatz@cityofsab.org>
Subject: RE: Request No. 2017-37: FPL franchise tax audit

Ms. Slavin,
Your request has been forwarded to the City Clerk.
Max

From: Ed Slavin [mailto:easlavin@aol.com]
Sent: Thursday, February 2, 2017 9:56 AM
To: Jim Wilson <jpwilson@cityofsab.org>; Max Royle <mroyle@cityofsab.org>;..
Cc: sheldon.gardner ; thomasfreynolds
Sent: Thu, Feb 2, 2017 9:56 am
Subject: Request No. 2017-37: FPL franchise tax audit


Good morning:
Please send me the latest audit of FPL franchise tax payments.

If there has never been one, please so state in your response, along with any explanation.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998





St. Augustine Beach City Manager's Incompetence, II: St. Augustine Beach Civic Association Wednesday Farmer's Market


On the agenda for the Monday, February 6, 2017 St. Augustine Beach City Commission meeting -- one that begins at noon and may not end till 10 pm -- is a "presentation" after 6 PM by SABCA President WILLIAM JONES, demanding passage of a "resolution" that endorses SABCA as a government contractor.

It's one thing to endorse saving the farmer's market.  It's another to endorse SABCA's flummery, dupery, nincompoopery, including JONES demanding time for multiple people to hoot, holler, brandish signs and intimidate Commissioners, as SABCA has done in the past, when then-Mayor ANDREA SAMUELS, recusing herself, continued to preside as Mayor at a meeting renewing a no-bid $1/year lease for SABCA.

Snooty, snotty, seemingly senile MAX ROYLE, St. Augustine Beach City Manager:
1. Did not put a time limit on the presentation.
2. Put the presentation ahead of all other business, including general public comment.
3. Did not vet the draft resolution with City Attorney James Patrick Wilson.

ROYLE reminds me of the story that Earl Long told about Louisiana Gov. O.K. Allan, Huey Long's puppet governor:
"A leaf blew in his office once, and he signed it."

Is MAX ROYLE too big for his britches?
Will MAX ROYLE resign before he's fired?
What do you reckon?

DID TORTFEASOR WILLIAM JONES, SABCA, USE SHERIFF'S CAR TO DISTRIBUTE HATE LITERATURE AT BEACH FARMER'S MARKET?


Left to right: SABCA President WILLIAM JONES, Commissioner ANDREA SAMUELS, et ux, SABCA VP ROBERT SAMUELS, tedious tendentious serial First Amendment violators.




On Wednesday, February 1, 2017, disgraced St. Johns County Sheriff civil process server WILLIAM JONES, President of the St. Augustine Beach Civic Association, distributed dozens of flyers (many went into the trash) at the Farmer's Market at St. Johns County Pier Park.

JONES allegedly rode to the venue in a Sheriff's car, illegally parked in a "no parking" place.

The hate literature manifested paranoid ideations, claiming "a group of elderly white men" was out to do in the Farmer's Market, and that they were racists.  JONES is constantly stirring up unhappiness.  In fact, JONES has a business plan.

JONES and SABCA co-rulers ANDREA and ROBERT SAMUELS are unhappy in life.  They want you to be unhappy, too.

Juvenile judgmental joyless JONES has accused people asking questions about SABCA of being anti-Semites or stalkers, and stuff and stuff.

JONES et ux have  done it on camera and at City and County meetings.

Like Donald J. Trump, they lie, emitting prevarications every time they speak at a microphone.

This is the same WILLIAM JONES whom I've reported to the Clerk of Courts and County Administrator for alleged discrimination against African-Americans -- telling vendors not to accept EBT cards for fear of attracting "poor people from West Augustine" to "our beach."  Citizen Thomas F. Reynolds, Jr. has also reported JONES over the same overt acts.

Is JONES racist, accusing others of being racist for asking questions about a vendor who may be violating health codes?

Is JONES constantly retaliating, while sending his wife and daughter to speak at public meetings, inveighing against First Amendment projected activity?

How gauche and louche.

As lugubrious a goober as ever made a chair squeak, WILLIAM JONES is one prejudiced racist sexist homophobe Republican -- we wear his scorn as a badge of honor.  Sheriff SHOAR must support JONES' actions, allowing him to use a Sheriff's vehicle and repeatedly slapping JONES on the wrist for ethics and criminal law violation allegations.

The St. Johns County Sheriff's Department could be found liable for civil rights violations in  federal court as a result of the activities of JONES, of which Sheriff DAVID SHOAR is on notice after a meeting with Dr. Michel S. Pawlowski, Sci.D. on February 2, 2017.

Keep talking, WILLIAM JONES: the whole world is watching you and Sheriff SHOAR f/k/a "HOAR."  You have the right to remain silent under the Fifth Amendment.  But the First Amendment, in its majesty, protects your right to free speech, even to the point of pointlessness in your case.





Wednesday, February 01, 2017

Body camera catches 'thieving idiot' deputy stealing money


St. Johns County Sheriff DAVID SHOAR (right) opposes body cameras. Strongly. Wonder why? Our City and County Commissioners need to budget for body cameras in our next budgets.

The criminal theft case of State of Florida v. JOHN BRAMAN is being investigated by the office of 7th Circuit State's Attorney RALPH JOSEPH LARIZZA (left).   Mr. LARIZZA, kindly illuminate, elucidate and enlighten Sheriff SHOAR about the evidentiary value of body cameras.


St. Augustine Record
Posted January 31, 2017 10:07 am - Updated January 31, 2017 10:14 am
By AP
Body camera catches 'thieving idiot' deputy stealing money

1 Comments
25 Share
DAYTONA BEACH, Fla. (AP) — A central Florida sheriff's deputy has resigned after body camera video apparently showed him taking money from a man's wallet while arresting him on suspicion of DUI.

John Braman stepped down Monday after body cam video of the Aug. 1 incident clearly showed the deputy going through what appears to be a wallet and tossing something out. The wallet is put in an evidence pouch and a $100 bill is visible nearby.

Volusia County Sheriff Mike Chitwood says they've had several complaints recently about Braman stealing money from the wallets of people he arrested. Chitwood calls Braman a "thieving idiot."

Attorney Flem Whited tells the Daytona Beach News-Journal (http://bit.ly/2jQqfro ) the video surfaced in a case involving one of his clients. He notified investigators.

A phone number wasn't available for Braman.

1 Comment
First Coaster
You can't fix stupid.

--------------
Sheriff: Video shows 'thieving idiot' Volusia deputy stealing cash
Daytona Beach News-Journal

Monday
Posted Jan 30, 2017 at 1:32 PM
Updated Jan 31, 2017 at 10:26 PM

By Frank Fernandez
Patricio G. Balona

A body camera video released Monday shows a deputy taking two $100 bills from a man's wallet and tossing the money in the patrol car's trunk before arresting him and charging him with DUI.

Volusia County sheriff's deputy John Braman, who resigned Monday afternoon, is under investigation after a defense attorney turned over a video showing him stealing money from a driver, Volusia County Sheriff Mike Chitwood said Monday in a phone interview. The State Attorney's Office released the video.

"He represents an infinitesimal number of bad cops around the country but when this gets played in the news it makes everyone who wears the badge have to defend themselves against the actions of this idiot. And that's what he is, a thieving idiot," Chitwood said.

The body camera video shows a person identified as Braman going through what appears to be a wallet and tossing something out. The wallet goes into an evidence pouch. Nearby a $100 bill is visible. The incident was during a traffic stop and arrest Aug. 1.

The Volusia County Sheriff's Office over the past several months received several complaints about Braman stealing money from the wallets of DUI prisoners he was processing, Chitwood said.

Braman, 33, could not be reached for comment. The former deputy was lauded for his bravery when he and another deputy were shot by a man they were arresting in 2011 in Deltona. Corey Reynolds shot Braman in the right shoulder and left arm and grazed deputy John Brady in the shoulder. The wounded deputies managed to disarm and arrest Reynolds, who is now in prison.

Braman, an eight-year deputy, was paid $60,000 in 2016.

Chitwood said the Florida Department of Law Enforcement did a great job slowing the video down so investigators could see what Braman was doing and the bills Braman took.

"You can clearly see the big faces of Ben Franklin on them," Chitwood said.

The video arose from an Aug. 1 stop Braman made in Ormond Beach. Braman arrested Thomas French, 30, during the stop and charged him with DUI first offense, according to a report. French pleaded no contest on Dec. 9 to a reduced charge of reckless driving and was placed on six months probation.

The latest accusations, while being the most serious, are not the first time Braman has been the focus of internal investigations. Braman got in hot water last year for failing to show up in court for some of his cases, an internal affairs report shows.

Flem Whited, a Daytona Beach attorney who specializes in defending DUI cases, said the video surfaced last year in a case involving one of his clients. Whited said he brought the body cam video to the attention of investigators.

"We get the video in discovery and he's leaning over in the trunk of the car and pulls out the guy's wallet and pulls out two one- hundred-dollar bills. Throws those in the trunk of his car. He puts the wallet back in and closes the trunk," Whited said.

Whited said in the phone interview that while he gets frequent complaints from clients that their money has been stolen this is the first case where there is a video backing that up.

"This is the first one of those for me in 35 years," Whited said.

Another attorney who handles DUI defense, Kip Miller, said he received a call on Monday from a woman who wants to withdraw her plea in a DUI case after her arrest by Braman.

Miller said Braman has a long list of training he presents at trials to support his testimony in DUI cases.

"He was what I considered a very experienced DUI officer," Miller said.

According to an internal affairs report reviewed on Monday, the Sheriff's Office learned of Braman's failure to respond to subpoenas in July when the Florida Department of Highway Safety and Motor Vehicles notified the agency.

Braman had failed to attend a driver's license hearing in April regarding a DUI case. Braman's no-show resulted in the DUI suspect's license being re-instated, investigators said.

When investigators started looking into the April 2016 case, they discovered that Braman had previously been reprimanded for not showing up to traffic court hearings, documents show.

Investigators noted that in May 2015, Braman was given written counseling for missing two court hearings. Then on Oct. 26 of that same year, Braman again received written counseling for missing several court hearings. And for a third time in 2015, Braman got a verbal reprimand for missing four court hearings. On Feb. 10, 2016, Braman got a letter of reprimand for missing two more court hearings.

After each action, Braman was advised that continued violations of not showing for court would result in progressive discipline, the report noted. In interviews with investigators, Braman admitted having received the subpoena for the April hearing but that he just didn't go, the report states.

"I didn't properly mark the subpoena in my calendar so the day of the subpoena I didn't even know that I didn't go until later on," Braman explained to investigators.

On the prior disciplinary actions against him, Braman was asked if there was a specific reason why he didn't show up for the court hearings.

"I don't have an excuse for it, really," Braman is noted as answering IA investigators.

Even after he was reprimanded in February 2016, Braman missed thee traffic court hearings. A sheriff's captain alerted IA investigators about the missed July court appearances, the report said. Attending traffic hearings is part of a deputy's duties.

Braman missed appearances on July 14 and 15, records show.

Braman told investigators he missed the court hearing because he was having difficulty with child care for his special needs stepson, documents state.

In the July 14 case, Braman informed the clerk eight minutes after the hearing started that he would be late.

"Due to an unforeseen child care issue, I'm unable to attend court today," Braman wrote the clerk. "Please have all my cases today dismissed."

Record editorial on sanctuary city brouhaha

Record editorial agrees with me, and in record time. Oh what a beautiful morning….

Posted February 1, 2017 12:02 am
EDITORIAL: There’s little sanctuary from political polarization

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If anyone was wondering if Donald Trump’s presidency could match the tenor of Donald Trump’s campaign, it’s pretty clear it can — and does.

From his opening salvos, he’s digging in. His Cabinet picks are bringing ire, but his immigration law is spreading fire.

Everyone has an opinion, it seems. But very few we’ve seen have been anything but polarizations of the issue. There are two definite sides and little in the middle.

And it’s spinning off satellite issues with just as little common ground.

Ask Mayor Nancy Shaver.

A Facebook post about her great grandfather’s immigration and contributions to our country set off a social media feeding frenzy.

We understand that social media is habitually hungry for that, but it can be eye opening anyway.

First, Shaver wasn’t preaching the Gospel of sanctuary cities in her memory of her great granddad. And when she answered a Facebook post that she’d be happy to look into it, it wasn’t a sanction of the policy. It was a boilerplate response for her.

If there’s a modicum of interest in any position within the city, she and the rest of the board will listen. What happens from there is a matter of politics. Listening is a matter of inclusion.

But it got us to wondering if other local elected officials had come out for or against sanctuary cities. We did not find any. But our two new freshmen Congressmen from Northeast Florida have weighed in on the larger immigration issue.

Rep. Al Lawson was the one who unseated longtime Rep. Corrine Brown in the newly redrawn District 5.

So that’s one plus for the state Supreme Court’s efforts at slicing up the political pie.

Democrat Lawson’s stand was short and to t he point: “I am disappointed by Mr. Trump’s order banning Muslims entering our country. This is irresponsible and dis honors our values as a nation.

Our other new member, former Duval County Sheriff Rep. John Rutherford, was not surprisingly Republican: “The United States has been and will continue to be a nation of immigrants that welcomes people from around the world that love this land. But we must protect our citizens first … I support increased vetting of travelers from other countries that are known sponsors and harbors of terrorism…”

Nothing surprising on either stance.

Shaver says that she was taken off guard by the heated responses to her comment. She says the experience has taught her a lesson. “The temperature today is so high …” she said. It says my job, or a key role, is for me to keep the temperature down … It’s a challenge for all of us.”

If we might borrow a moment from social media, “true dat.”