It's a new day and a new era. We're taking America back from the turkeys who turned their backs on our Founders' principles, destroying our laws and institutions with the politics of greed.
Happy Thanksgiving!
Wednesday, November 26, 2008
Thanks to Floridians and 52.5% of Americans for Electing Barack Obama President
It's a new day and a new era. We're taking America back from the turkeys who turned their backs on our Founders' principles, destroying our laws and institutions with the politics of greed.
Happy Thanksgiving!
Guest Column: Giving thanks for people who speak out
Guest Column: Giving thanks for people who speak out
Ed Slavin
St. Augustine
Publication Date: 11/25/07
At Thanksgiving, I give thanks for:
1. St. Augustine's civil rights "foot soldiers," who changed history. They deserve a prominent museum.
2. Our American Founding Fathers and those who work for democracy and transparency everywhere.
3. Nature and those who work to protect it everywhere be especially thankful whenever Congress enacts a St. Augustine National Historical Park, National Seashore and National Scenic Coastal Highway Act, including electric trolley-cars.
4. People of faith for speaking out for global environmental protection and against war and poverty.
5. Veterans for defending our liberties.
6. Flagler College for recognizing student rights (Club Unity and Gargoyle newspaper).
7. St. Johns County Commissioners, better listeners than St. Augustine City Commissioners (whose antics rightly earn Folio Weekly "brickbats" and improved St. Augustine Record coverage).
8. Anastasia Mosquito Control District commissioners for canceling its $1.8 million luxury jet helicopter and ending risks to people, pets, butterflies, frogs and other "non-target organisms" from spraying organophosphates. Thanks to three AMCD Commissioners (Emily Hummel, Barbara Bosanko, Linda Wampler) for changing their minds and two others (Jeanne Moeller and John Sundeman) for persisting in speaking their truths. Courage.
9. The Burrell, Mills, Ponce and other local families for standing up to land speculators like Robert Michael Graubard. Expose "developers" (a/k/a land-raping, tree-killing, wetland-destroying speculators, whom County Commission Chairman Ben Rich calls "worse than any carpetbagger").
10. FBI for investigating/prosecuting political corruption, including convicting two Miami PBS&J engineering chief executive officers for illegal campaign contributions/bribery/embezzlement. Follow the money.
11. Congress and investigative reporters for uncovering corruption. Be thankful whenever the House Judiciary Committee finally begins impeachment hearings.
12. Our city of St. Augustine for admitting wrongdoing in its illegally:
a. polluting Lincolnville for decades with illegal dumps;
b. moving illegal dumps' contaminants into our Old City Reservoir 2005-2006. No thanks to Florida Department of Environmental Protection (a/k/a "Don't Expect Protection") for allowing our city to move 20,000 cubic yards of contaminants back to Lincolnville. Environmental racism? No thanks to St. Augustine City Manager William Harriss, who blamed former subordinates, recently yelling "I've done nothing wrong." Be thankful when sworn witnesses testify about environmental crimes.
13. John and Elizabeth Edwards, for running a clean lobbyist-free presidential campaign and exposing Ann Coulter's bigotry.
14. Al Gore for winning Nobel Peace Prize and Oscar for "An Inconvenient Truth." Florida proudly voted for Gore in 2000, with recounts wrongfully ordered halted.
15. My parents, family, teachers, professors, friends and mentors for teaching me to question large organizations and how they mistreat people. Always ask, "why" (and "why not?"). Uncovering uncaring governments' massive, secretive pollution in Oak Ridge, Tenn., mercury (1983) and St. Augustine Old City Reservoir confirmed my mother's wisdom: "Trust your mother, but cut the cards." "The truth will set you free."
16. Congressional Democrats for raising the minimum wage (first time in nine years), while voting to protect whistleblowers and our environment.
17. Progressives, activists, performers, whistleblowers, artists, scientists, reporters/writers and truth-tellers. They've enriched our lives.
18. People willing to work for new leadership in Washington. Our U.S. Rep. John Mica voted against whistleblowers and against raising federal minimum wages. In 2004, 72 percent of Floridians voted to raise our minimum wage. Mica sought to halt investigations of Abu Ghraib and Guantanamo. Mica defends Big Oil company price-gouging and offshore oil drilling demands. Enough.
Be thankful we get to overthrow our governments every two years. We need new leaders, including a "humble" president who "restores honor and dignity to the White House" (as Bush falsely promised). Too many politicians are arrogant, waste money and won't admit mistakes.
As Mosquito Control Commissioner Jeanne Moeller says, "there are more people like us than there are people like them."
Thank you for working to improve our future.
Robert Kennedy said, "it is from numberless diverse acts of courage and belief that human history is shaped. Each time a [person] stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, [s]he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current that can sweep down the mightiest walls of oppression and resistance."
Ed Slavin is a Georgetown University School of Foreign Service graduate, journalist, advocate/activist who first proposed a St. Augustine National Historical Park, Seashore and Scenic Coastal Highway on Nov. 13, 2006.
Click here to return to story:
http://staugustine.com/stories/112507/opinions_033.shtml
© The St. Augustine Record
Ed Slavin
St. Augustine
Publication Date: 11/25/07
At Thanksgiving, I give thanks for:
1. St. Augustine's civil rights "foot soldiers," who changed history. They deserve a prominent museum.
2. Our American Founding Fathers and those who work for democracy and transparency everywhere.
3. Nature and those who work to protect it everywhere be especially thankful whenever Congress enacts a St. Augustine National Historical Park, National Seashore and National Scenic Coastal Highway Act, including electric trolley-cars.
4. People of faith for speaking out for global environmental protection and against war and poverty.
5. Veterans for defending our liberties.
6. Flagler College for recognizing student rights (Club Unity and Gargoyle newspaper).
7. St. Johns County Commissioners, better listeners than St. Augustine City Commissioners (whose antics rightly earn Folio Weekly "brickbats" and improved St. Augustine Record coverage).
8. Anastasia Mosquito Control District commissioners for canceling its $1.8 million luxury jet helicopter and ending risks to people, pets, butterflies, frogs and other "non-target organisms" from spraying organophosphates. Thanks to three AMCD Commissioners (Emily Hummel, Barbara Bosanko, Linda Wampler) for changing their minds and two others (Jeanne Moeller and John Sundeman) for persisting in speaking their truths. Courage.
9. The Burrell, Mills, Ponce and other local families for standing up to land speculators like Robert Michael Graubard. Expose "developers" (a/k/a land-raping, tree-killing, wetland-destroying speculators, whom County Commission Chairman Ben Rich calls "worse than any carpetbagger").
10. FBI for investigating/prosecuting political corruption, including convicting two Miami PBS&J engineering chief executive officers for illegal campaign contributions/bribery/embezzlement. Follow the money.
11. Congress and investigative reporters for uncovering corruption. Be thankful whenever the House Judiciary Committee finally begins impeachment hearings.
12. Our city of St. Augustine for admitting wrongdoing in its illegally:
a. polluting Lincolnville for decades with illegal dumps;
b. moving illegal dumps' contaminants into our Old City Reservoir 2005-2006. No thanks to Florida Department of Environmental Protection (a/k/a "Don't Expect Protection") for allowing our city to move 20,000 cubic yards of contaminants back to Lincolnville. Environmental racism? No thanks to St. Augustine City Manager William Harriss, who blamed former subordinates, recently yelling "I've done nothing wrong." Be thankful when sworn witnesses testify about environmental crimes.
13. John and Elizabeth Edwards, for running a clean lobbyist-free presidential campaign and exposing Ann Coulter's bigotry.
14. Al Gore for winning Nobel Peace Prize and Oscar for "An Inconvenient Truth." Florida proudly voted for Gore in 2000, with recounts wrongfully ordered halted.
15. My parents, family, teachers, professors, friends and mentors for teaching me to question large organizations and how they mistreat people. Always ask, "why" (and "why not?"). Uncovering uncaring governments' massive, secretive pollution in Oak Ridge, Tenn., mercury (1983) and St. Augustine Old City Reservoir confirmed my mother's wisdom: "Trust your mother, but cut the cards." "The truth will set you free."
16. Congressional Democrats for raising the minimum wage (first time in nine years), while voting to protect whistleblowers and our environment.
17. Progressives, activists, performers, whistleblowers, artists, scientists, reporters/writers and truth-tellers. They've enriched our lives.
18. People willing to work for new leadership in Washington. Our U.S. Rep. John Mica voted against whistleblowers and against raising federal minimum wages. In 2004, 72 percent of Floridians voted to raise our minimum wage. Mica sought to halt investigations of Abu Ghraib and Guantanamo. Mica defends Big Oil company price-gouging and offshore oil drilling demands. Enough.
Be thankful we get to overthrow our governments every two years. We need new leaders, including a "humble" president who "restores honor and dignity to the White House" (as Bush falsely promised). Too many politicians are arrogant, waste money and won't admit mistakes.
As Mosquito Control Commissioner Jeanne Moeller says, "there are more people like us than there are people like them."
Thank you for working to improve our future.
Robert Kennedy said, "it is from numberless diverse acts of courage and belief that human history is shaped. Each time a [person] stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, [s]he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current that can sweep down the mightiest walls of oppression and resistance."
Ed Slavin is a Georgetown University School of Foreign Service graduate, journalist, advocate/activist who first proposed a St. Augustine National Historical Park, Seashore and Scenic Coastal Highway on Nov. 13, 2006.
Click here to return to story:
http://staugustine.com/stories/112507/opinions_033.shtml
© The St. Augustine Record
"DEVELOPER" ROBERT MICHAEL GRAUBARD FACES CONSEQUENCES
Federal courts will deal with alleged fraudfeasor ROBERT MICHAEL GRAUBARD and crew, including convicted bank swindler THOMAS COGHILL. GRAUBARD, former lover of soon-to-be-ex Commissioner SUSAN BURK, threw his weight around our City and County, abusing our environment and running roughshod over archaeologial sites, wetlands and the natural beauty of St. Augustine and St. Johns County.
I'm thankful to all who've stood up to the likes of GRAUBARD, the sort of person former County COmmissioner Ben Rich had in mind when he called foreign-funded "developers' worse than any carpetbagger."
See below.
I'm thankful to all who've stood up to the likes of GRAUBARD, the sort of person former County COmmissioner Ben Rich had in mind when he called foreign-funded "developers' worse than any carpetbagger."
See below.
Conch House fights foreclosure
Conch House fights foreclosure
200-slip marina, restaurant, motel, homes, retail area part of dispute
PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 07/28/07
The family of David M. Ponce Jr., which has owned Conch House Marina Resort at 57 Comares Ave. since 1946, is now fighting a lawsuit by a New York bank to foreclose on that property.
Circuit Court Judge J. Michael Traynor issued an order late Friday denying Ponce attorney Jason B. Burnett's motion to dismiss the case outright. The judge said Burnett, or Gray Robinson, Jacksonville, had failed to create a basis on which to dismiss.
The foreclosure lawsuit initially was filed by Intervest National Bank of New York, which in 2006 loaned five real estate investors -- four St. Johns County residents and a Virginia man -- $17 million for six months to buy the Conch House and adjacent property.
On the table are a 200-slip marina, 17-room motel, three single-family homes across Comares, a restaurant, dockside tiki bar, Salt Run Tavern on Anastasia Boulevard, the antiques store on Comares and Anastasia Boulevard and an empty lot on Comares.
Documents at St. Johns County Courthouse show that the total selling price was $27 million.
At the time, Ponce said 2005 had been good for business.
"Even with all the storms, it was the best year we ever had," he said. "But it's time to move on and enjoy myself. All I've ever done is work."
The five investors, doing business under the name Conch House Builders LLC, consisted of local businessmen Robert M. Graubard of St. Augustine, C. Kelly Smith of Vilano Beach, Jay Culberth of Interstate Hotels and Resorts, Paul Braugart whose address is unknown and Thomas E. Coghill Jr., convicted in federal court of bank and wire fraud in Virginia.
An August 2005 story in The Hook, a Charlottesville, Va., news magazine, said Coghill, now 47, faced 35 years in prison and a $1.25 million fine. He was charged with defrauding merchants, banks and mortgage companies of about $3 million. One of Coghill's victims called him "a silver-tongued devil."
The Ponce family's suit claimed that Robert Graubard, the managing partner of Conch House Builders, negotiated a $17 million loan to buy the property, but that the loan was closed without their knowledge and before the property was transferred to the consortium's control.
They called it a "fraudulent scheme" by Graubard.
Graubard did not return phone calls about this lawsuit. Culbreath, Smith and Braugard could not be located.
Coghill broke his probation in 2006 by master-minding four new land deals in Florida, so he is now serving his 33 month sentence in prison, according to The Hook.
The Conch House Builders told the Ponces that they didn't have enough money to pay the entire $27 million, so they asked the family if they could help finance the acquisition by agreeing to become an investor themselves. For that, they would be paid $10 million in cash and be bought out over time.
The Ponces say that money was never paid. They also did not return phone calls.
Still unknown is who has the $17 million paid by Intervest National Bank.
Payments were made on the loan, bringing its principle down to $16.3 million.
But the last payment was made in February this year.
In their defense, the Ponces claim that the bank charged $3 million as collateral for the loan and charged high interest rates, and that the members of Conch House Builders and the bank "knew or should have known" of Coghill's felony record.
The suit also implied collusion, saying, "These individuals have business relationships in other real estate development projects."
They say the investors did not tell them there would be a third-party financing the deal. "The loan was not commercially reasonable," the Ponce's suit said.
The family is still running the Conch House for now.
In January 2006, when he announced the sale to the world, he said prophetically, "I'm sure it will be a shocker and one of the biggest land deals anyone has ever seen in St. Augustine."
Click here to return to story:
http://staugustine.com/stories/072807/news_4740863.shtml
© The St. Augustine Record
200-slip marina, restaurant, motel, homes, retail area part of dispute
PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 07/28/07
The family of David M. Ponce Jr., which has owned Conch House Marina Resort at 57 Comares Ave. since 1946, is now fighting a lawsuit by a New York bank to foreclose on that property.
Circuit Court Judge J. Michael Traynor issued an order late Friday denying Ponce attorney Jason B. Burnett's motion to dismiss the case outright. The judge said Burnett, or Gray Robinson, Jacksonville, had failed to create a basis on which to dismiss.
The foreclosure lawsuit initially was filed by Intervest National Bank of New York, which in 2006 loaned five real estate investors -- four St. Johns County residents and a Virginia man -- $17 million for six months to buy the Conch House and adjacent property.
On the table are a 200-slip marina, 17-room motel, three single-family homes across Comares, a restaurant, dockside tiki bar, Salt Run Tavern on Anastasia Boulevard, the antiques store on Comares and Anastasia Boulevard and an empty lot on Comares.
Documents at St. Johns County Courthouse show that the total selling price was $27 million.
At the time, Ponce said 2005 had been good for business.
"Even with all the storms, it was the best year we ever had," he said. "But it's time to move on and enjoy myself. All I've ever done is work."
The five investors, doing business under the name Conch House Builders LLC, consisted of local businessmen Robert M. Graubard of St. Augustine, C. Kelly Smith of Vilano Beach, Jay Culberth of Interstate Hotels and Resorts, Paul Braugart whose address is unknown and Thomas E. Coghill Jr., convicted in federal court of bank and wire fraud in Virginia.
An August 2005 story in The Hook, a Charlottesville, Va., news magazine, said Coghill, now 47, faced 35 years in prison and a $1.25 million fine. He was charged with defrauding merchants, banks and mortgage companies of about $3 million. One of Coghill's victims called him "a silver-tongued devil."
The Ponce family's suit claimed that Robert Graubard, the managing partner of Conch House Builders, negotiated a $17 million loan to buy the property, but that the loan was closed without their knowledge and before the property was transferred to the consortium's control.
They called it a "fraudulent scheme" by Graubard.
Graubard did not return phone calls about this lawsuit. Culbreath, Smith and Braugard could not be located.
Coghill broke his probation in 2006 by master-minding four new land deals in Florida, so he is now serving his 33 month sentence in prison, according to The Hook.
The Conch House Builders told the Ponces that they didn't have enough money to pay the entire $27 million, so they asked the family if they could help finance the acquisition by agreeing to become an investor themselves. For that, they would be paid $10 million in cash and be bought out over time.
The Ponces say that money was never paid. They also did not return phone calls.
Still unknown is who has the $17 million paid by Intervest National Bank.
Payments were made on the loan, bringing its principle down to $16.3 million.
But the last payment was made in February this year.
In their defense, the Ponces claim that the bank charged $3 million as collateral for the loan and charged high interest rates, and that the members of Conch House Builders and the bank "knew or should have known" of Coghill's felony record.
The suit also implied collusion, saying, "These individuals have business relationships in other real estate development projects."
They say the investors did not tell them there would be a third-party financing the deal. "The loan was not commercially reasonable," the Ponce's suit said.
The family is still running the Conch House for now.
In January 2006, when he announced the sale to the world, he said prophetically, "I'm sure it will be a shocker and one of the biggest land deals anyone has ever seen in St. Augustine."
Click here to return to story:
http://staugustine.com/stories/072807/news_4740863.shtml
© The St. Augustine Record
Letter: Dead oaks
Letter: Dead oaks
Eileen O'Brien
St. Augustine
Publication Date: 08/31/03
Editor: I was horrified, but not particularly surprised to read that our code enforcement board (what a joke) had dropped the $15,000 fine against Robert Graubard for destroying three massive oaks that were in his way.
The developers win again. They know that they can flaunt the laws with impunity by whispering "lawsuit." This is one of the few times the money for lawyers would have been well spent, to make an example of and a deterrent to future noncompliance.
I would ask Dave Chatterton and Jackie Leslie to go to that property in a year and count how many of those little saplings are still alive.
Without requiring irrigation or verifying maintenance I guarantee half will be just as dead as those 30 inch, beautiful oaks that man cut down.
Eileen O'Brien
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© The St. Augustine Record
Eileen O'Brien
St. Augustine
Publication Date: 08/31/03
Editor: I was horrified, but not particularly surprised to read that our code enforcement board (what a joke) had dropped the $15,000 fine against Robert Graubard for destroying three massive oaks that were in his way.
The developers win again. They know that they can flaunt the laws with impunity by whispering "lawsuit." This is one of the few times the money for lawyers would have been well spent, to make an example of and a deterrent to future noncompliance.
I would ask Dave Chatterton and Jackie Leslie to go to that property in a year and count how many of those little saplings are still alive.
Without requiring irrigation or verifying maintenance I guarantee half will be just as dead as those 30 inch, beautiful oaks that man cut down.
Eileen O'Brien
Click here to return to story:
http://staugustine.com/stories/083103/opi_kr005071.shtml
© The St. Augustine Record
Letter: Is St. Augustine Tree City USA designation a farce?
Letter: Is St. Augustine Tree City USA designation a farce?
Gina Burrell
St. Augustine
Publication Date: 09/08/03
Editor: I just heard that at the city of St. Augustine's Code Enforcement and Appeals Board Meeting on Aug. 12, Jim Wilson, city attorney, persuaded the board to rescind its May 13 decision to fine and put a $15,000 lien for trees illegally destroyed without a permit, on the PUD property known as Old Sebastian LLC, located on DOT Road, which is off Lewis Speedway. Property is owned by Robert Graubard.
Photos of the destroyed trees are documented and can be seen at City Hall. Graubard's attorney, George McClure, and Wilson persuaded the Code Enforcement Board to remove the $15,000 lien because Graubard threatened to sue the city in Circuit Court.
I heard that ... it would probably cost the city about $8,000 to defend in court.
Well, if this is the reason for the city not to go to court, the city should cancel the contract they have for leasing Oxford shirts/Polo shirts, with the city logo, at a cost of $237 a week ($12,324 a year), which some employees at City Hall wear. I feel it is much more important to defend the trees, than to make employees, I have been told, feel a sense of pride in working for the city. (When I worked for the State of Florida for 23 years, we wore a badge with our name and photo for identification, which sufficed for us.)
Also, why is it going to cost the city $8,000 to defend in court, when we have a city attorney who we are paying a grand enough salary to have him represent us in court.
We did some research and found a 2002 Florida Attorney General's opinion and I quote: "A code enforcement board is not authorized to reduce a fine for noncompliance with an order of the board after that order has been recorded pursuant to section 162.09(3) FL statutes. Rather, upon being recorded, such an order becomes a lien that may only be compromised, satisfied or released by the local governing body."
The governing body is the City Commission, not the Code Enforcement Board or Jim Wilson. I feel that Wilson overstepped his authority in this case.
I think this decision sets a dangerous precedent. The new replacement tree plan is not a better feel for the city, since what was offered in the new plan, was a bunch of 5-foot sticks, instead of the code required, minimum of 10-foot high and 2-inch caliper tree. Now, all the developers have to do is take down all the trees they want illegally, be fined, threaten to take the city to court, and then the city attorney and the code enforcement board will let them off the hook.
I feel I am an advocate for the trees in the city, because they don't have a voice.
The city of St. Augustine was recently honored as recipient of "2003 Florida Tree City of the Year in recognition of its effort to plan, plant and protect Florida's urban trees."
If this decision is allowed to stand, then this award the city received is a farce. When this $15,000 fine/lien was imposed in May, I was very excited.
I thought, well, the city is finally administering strong penalties when trees are illegally destroyed.
Developers might think twice about taking down large trees illegally.
To me, this idea has now been shattered. I hope other city residents will be as outraged as I am in this matter, and call our mayor and city commissioners.
Click here to return to story:
http://staugustine.com/stories/090803/opi_kr005125.shtml
© The St. Augustine Record
Gina Burrell
St. Augustine
Publication Date: 09/08/03
Editor: I just heard that at the city of St. Augustine's Code Enforcement and Appeals Board Meeting on Aug. 12, Jim Wilson, city attorney, persuaded the board to rescind its May 13 decision to fine and put a $15,000 lien for trees illegally destroyed without a permit, on the PUD property known as Old Sebastian LLC, located on DOT Road, which is off Lewis Speedway. Property is owned by Robert Graubard.
Photos of the destroyed trees are documented and can be seen at City Hall. Graubard's attorney, George McClure, and Wilson persuaded the Code Enforcement Board to remove the $15,000 lien because Graubard threatened to sue the city in Circuit Court.
I heard that ... it would probably cost the city about $8,000 to defend in court.
Well, if this is the reason for the city not to go to court, the city should cancel the contract they have for leasing Oxford shirts/Polo shirts, with the city logo, at a cost of $237 a week ($12,324 a year), which some employees at City Hall wear. I feel it is much more important to defend the trees, than to make employees, I have been told, feel a sense of pride in working for the city. (When I worked for the State of Florida for 23 years, we wore a badge with our name and photo for identification, which sufficed for us.)
Also, why is it going to cost the city $8,000 to defend in court, when we have a city attorney who we are paying a grand enough salary to have him represent us in court.
We did some research and found a 2002 Florida Attorney General's opinion and I quote: "A code enforcement board is not authorized to reduce a fine for noncompliance with an order of the board after that order has been recorded pursuant to section 162.09(3) FL statutes. Rather, upon being recorded, such an order becomes a lien that may only be compromised, satisfied or released by the local governing body."
The governing body is the City Commission, not the Code Enforcement Board or Jim Wilson. I feel that Wilson overstepped his authority in this case.
I think this decision sets a dangerous precedent. The new replacement tree plan is not a better feel for the city, since what was offered in the new plan, was a bunch of 5-foot sticks, instead of the code required, minimum of 10-foot high and 2-inch caliper tree. Now, all the developers have to do is take down all the trees they want illegally, be fined, threaten to take the city to court, and then the city attorney and the code enforcement board will let them off the hook.
I feel I am an advocate for the trees in the city, because they don't have a voice.
The city of St. Augustine was recently honored as recipient of "2003 Florida Tree City of the Year in recognition of its effort to plan, plant and protect Florida's urban trees."
If this decision is allowed to stand, then this award the city received is a farce. When this $15,000 fine/lien was imposed in May, I was very excited.
I thought, well, the city is finally administering strong penalties when trees are illegally destroyed.
Developers might think twice about taking down large trees illegally.
To me, this idea has now been shattered. I hope other city residents will be as outraged as I am in this matter, and call our mayor and city commissioners.
Click here to return to story:
http://staugustine.com/stories/090803/opi_kr005125.shtml
© The St. Augustine Record
PRESIDENT BUSH CONSIDERS PARDONS OF OFFICIALS -- LET'S NAME LAWBREAKING ST. AUGUSTINE SEWAGE PLANT FOR BUSH AND OUR CITY MANAGER, WILLIAM. B. HARRISS
President GEORGE W. BUSH is reportedly pondering pardoing himself, VP RICHARD B. CHENEY, former Secretary of Defense DONALD RUMSFELD and other present and former Administration officials before he leaves office. Go ahead, make my day.
Under our Constitution, the Presidential Pardon Power is absolute and not reviewable by any Court.
IF BUSH pardons any present or former officials, at least let him have the dignity and class to make them say WHAT they're being pardoned for -- a list of crimes would be handy to enable voters to evaluate what BUSH's tiresome termagant retaliators and bigots have done to our country and our planet for eight (8) years.
IF Worst-President-Ever GEORGE W. BUSH won't supply such a list, we can assume the worst -- BUSH's "high crimes and misdemeanors" (for which he should have been impeached) are longer than the list of the war dead from Iraq.
As far as naming rights, I like Washington Post columnist Richard Cohen's January 7, 1990 suggestion on J. Edgar Hoover -- he wanted to take Hoover's name off the FBI Building (where it embarasses ethical FBI agents daily). Instead, Cohen wanted to put Hoover's name on "Blue Plains" (it's a sewage treatment plant).
In the November 4, 2008 election, 69% San Franciso voters rejected naming their City's sewage treatment plant for President GEORGE W. BUSH. Many thought it would be unfair to the sewage plant (and its employees).
In the case of the City of St. Augustine, our sewage plant is a lawbreaker, just like BUSH -- it's been cited for illegally and secretly dumping sewage effluent into our saltwater marsh for years, with City Manager WILLIAM B. HARRISS informing Commissioners (but not the people) of the violations.
That's it -- let's ask our lawbreaking City of St. Augustine to name its lawbreaking sewage treatment plant after President GEORGE W. BUSH -- a fitting honor to an unfit President. By the way, they've already named an airport in Alaska for convicted felon Senior Republican Senator TED STEVENS.
Notice how narcissistic Republicans are always naming things after themselves while they're still alive? Consider the PROCTOR LIBRARY at FLAGLER COLLEGE in St. Augustine.
Former Senate Republican Leader HOWARD HENRY BAKER, JR. has a federal courthouse named after him in Knoxville, Tennessee, as well as HOWARD BAKER HIGHWAY (which a corporate lawyer in Knoxville once told me was named for HOWARD BAKER "because it's so crooked.") Imagine being a litigant in a case defended by Tennessee's biggest corporate law firm, walking into a court named after BAKER DONELSON's head partner -- how would that feel? How revolting!
BLUE PLAINS WASTE WATER TREATMENT PLANT, operated by the Washington D.C. Sanitary District
GEORGE W. BUSH and CONVICTED FELON REPUBLICAN ALASKA SENATOR TED STEVENS
TED STEVENS INTERNATIONAL AIRPORT, ANCHORAGE, ALASKA
HOWARD HENRY BAKER, JR. FEDERAL COURTHOUSE, KNOXVILLE, TENNESSEE
WILLIAM L. PROCTOR LIBRARY AT FLAGLER COLLEGE, named after the meanest man in St. Augustine, Florida, our state representative (R-20th), FLAGLER COLLEGE's CHANCELLOR and REPUBLICAN LORD OF ALL HE SURVEYS
I reckon it just goes to show that insecure, elephantine Republicans have an edifice complex, and that fools' names and fools' faces are often seen in public places.
So let's hear it -- let's name the St. Augustine sewage treatment plant the GEORGE W. BUSH and WILLIAM B. HARRISS WASTE WATER TREATMENT PLANT.
What do you reckon?
WILLIAM. B. HARRISS Photo credit: J.D. Pleasant
IT'S TIME FOR ST. AUGUSTINE CITY MANAGER WILLIAM B. HARRISS TO RETIRE
Controversial City of St. Augustine City Manager WILLIAM B. HARRISS (left), golfing with cronies ROBERT LICHTER, JOSEPH TRINGALI and Ccmmissioner DONALD CRICHLOW.
St. Augustine, Florida City Manager WILLIAM B. HARRISS has done enough damage to our City of St. Augustine, Florida.
HARRISS' 10.5 year reign of ruin includes First Amendment violations and intentional acts of environmental pollution. It's time for WILLIAM B. HARRISS to go.
We understand that Sheriff DAVID SHOAR (formerly HARRISS' hand-picked Chief of Police) may plan to hire HARRISS as Business Manager.
Obviously, SHOAR is grateful to HARRISS, but no double-dipping is necessary.
Let HARRISS go to work for the "developers" for whom he's been such a lickspittle.
Let our Nation's Oldest City recover in peace from HARRISS' reign of ruin.
HARRISS is the Shame of Our City.
It's long past time for local governments to respect employee rights
St. Johns County history was made November 20th when the AMCD adopted a policy to protect employee whistleblower rights to raise concerns, to wit, "AMCD POLICY 2008-01 -- PROTECTING SAFETY, HEALTH AND ENVIRONMENT AND EMPLOYEE RIGHTS TO RAISE CONCERNS" (see below).
Now it's time for St. Johns County, the City of St. Augustine, the City of St. Augustine Beach, the Town of Hastings, the St. Johns River Water Management District and other local governments to do the same.
After 443 years of Caudillos and Tin Pot Napoleon dictators in St. Johns County and St. Augustine, it's time to let our government employees speak out without fear of retaliation.
What do you reckon?
At Thanksgiving, be thankful that at least one of our local governments -- AMCD -- has issued a policy protecting employee rights to speak their truth without fear or favor.
As Robert F. Kennedy said at Berkeley, "it is not enough to allow dissent, we must demand it, for there is much to dissent from."
ANASTASIA MOSQUITO CONTROL DISTRICT OF ST. JOHNS COUNTY ADOPTS POLICY PROTECTING SAFETY, HEALTH AND ENVIRONMENT AND EMPLOYEE RIGHTS TO RAISE CONCERNS
St. Johns County history was made November 20th when the AMCD adopted a policy to protect employee whistleblower rights to raise concerns:
AMCD POLICY 2008-01 -- PROTECTING SAFETY, HEALTH AND ENVIRONMENT AND EMPLOYEE RIGHTS TO RAISE CONCERNS
Statement of Principles: The Anastasia Mosquito Control District of St. Johns County (AMCD) encourages employees to raise concerns rather than let them fester, to ask questions and make suggestions, and to work together to solve problems and make AMCD a safe, healthy, happy workplace by respecting principles of equality, openness, transparency and a good day's work for a good day's pay.
AMCD is committed to the highest standards of moral and ethical behavior by all its employees and in all business dealings. Employees are expected to conduct AMCD business in an ethical manner and in compliance with all appropriate laws and regulations. Further, employees have a responsibility to report suspected dishonest acts and/or fraudulent activity to appropriate AMCD officials. Employees acting in good faith to report suspected dishonest acts and/or fraudulent activity ¬will be protected against retaliation for making such report.
A. Environmental, Safety and Health Protection
1. AMCD will control mosquitoes safely and prudently at the lowest feasible cost, favoring natural methods (like reducing standing water), protecting and advancing environmental, safety and health protection.
2. All employees and citizens are encouraged to ask questions, raise issues and report concerns, including concerns about environment, safety and health, accountability or other AMCD governance issues.
3. Persons raising concerns will be respected and treated with courtesy. Concerns will be discussed with respect for individual rights.
4. Employees and supervisors are empowered to report their environmental, safety and health protection concerns to the Board of AMCD and to individual Board members without fear or favor.
B. Standards
1. AMCD expects high standards in protecting employees and the public. Employees are expected to report environment, safety and health concerns and management shall act upon them expeditiously.
C. Knowingly False Allegations Not Protected
Knowingly false allegations are not protected under this policy and AMCD may discipline and terminate employees making false allegations and otherwise defend itself in the event that employees report false allegations.
D. Florida Law For Other Types of Employee Concerns
Concerns other than environmental, health and safety concerns are protected by Florida’s whistleblower law, which provides:
FLORIDA WHISTLE-BLOWER’S ACT
112.3187 Adverse action against employee for disclosing information of specified nature prohibited; employee remedy and relief.—
(1) SHORT TITLE. – Sections 112.3187 – 112.31895 may be cited as the “Whistle-blower’s Act.”
(2) LEGISLATIVE INTENT.—It is the intent of the Legislature to prevent agencies or independent contractors from taking retaliatory action against an employee who reports to an appropriate agency violations of law on the part of a public employer or independent contractor that create a substantial and specific danger to the public’s health, safety, or welfare. It is further the intent of the Legislature to prevent agencies or independent contractors from taking retaliatory action against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee.
(3) DEFINITIONS.—As used in this act, unless otherwise specified, the following words or terms shall have the meanings indicated:
(a) “Agency” means any state, regional, county, local, or municipal government entity, whether executive, judicial, or legislative; any official, officer, department, division, bureau, commission, authority, or political subdivision therein; or any public school, community college, or state university.
(b) “Employee” means a person who performs services for, and under the control and direction of, or contracts with, an agency or independent contractor for wages or other remuneration.
(c) “Adverse personnel action” means the discharge, suspension, transfer, or demotion of any employee or the withholding of bonuses, the reduction in salary or benefits, or any other adverse action taken against an employee within the terms and conditions of employment by an agency or independent contractor.
(d) “Independent contractor” means a person, other than an agency, engaged in any business and who enters into a contract including a provider agreement, with an agency.
(e) “Gross mismanagement” means a continuous pattern of managerial abuses, wrongful or arbitrary and capricious actions, or fraudulent or criminal conduct which may have a substantial adverse economic impact.
(4) ACTIONS PROHIBITED.—
(a) An agency or independent contractor shall not dismiss, discipline, or take any other adverse personnel action against an employee for disclosing information pursuant to the provisions of this section.
(b) An agency or independent contractor shall not take any adverse action that affects the rights or interests of a person in retaliation for the person’s disclosure of information under this section.
(c) The provisions of this subsection shall not be applicable when an employee or person discloses information known by the employee or person to be false.
(5) NATURE OF INFORMATION DISCLOSED.—The information disclosed under this section must include:
(a) Any violation or suspected violation of any federal, state, or local law, rule, or regulation committed by an employee or agent of an agency or independent contractor which creates and presents a substantial and specific danger to the public’s health, safety, or welfare.
(b) Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty committed by an employee or agent of an agency or independent contractor.
(6) TO WHOM INFORMATION DISCLOSED.—The information disclosed under this section must be disclosed to any agency or federal government entity having the authority to investigate, police, manage, or otherwise remedy the violation or act, including but not limited to, the Office of the Chief Inspector General, an agency inspector general or the employee designated as agency inspector general under s. 112.3189(1) or inspectors general under s. 20.055, the Florida Commission on Human Relations, and the whistle-blower’s hotline created under s. 112.3189. However, for disclosures concerning a local governmental entity, including any regional, county, or municipal entity, special district, community college district, or school district or any political subdivision of any of the foregoing, the information much be disclosed to a chief executive officer as defined in s. 447.203(9) or other appropriate local official.
(7) EMPLOYEES AND PERSONS PROTECTED.—This section protects employees and persons who disclose information on their own initiative in a written and signed complaint; who are requested to participate in an investigation, hearing, or other inquiry conducted by any agency or federal government entity; who refuse to participate in any adverse action prohibited by this section; or who initiate a complaint through the whistle-blower’s hotline or the hotline of the Medicaid Fraud Control Unit of the Department of Legal Affairs; or employees who file any written complaint to their supervisory officials or employees who submit a complaint to the Chief Inspector General in the Executive Office of the Governor, to the employee designated as agency inspector general under s. 112.3189(1), or to the Florida Commission on Human Relations. The provisions of this section may not be used by a person while he or she is under the care, custody, or control of the state correctional system or, after release from the care, custody, or control of the state correctional system, with respect to circumstances that occurred during any period of incarceration. No remedy or other protection under ss. 112.3189-112.31895 applies to any person who has committed or intentionally participated in committing the violation or suspected violation for which protection under ss. 112.3187-112.31895 is being sought.
(8) REMEDIES.—
(a) Any employee of or applicant for employment with any state agency, as the term “state agency” is defined in s. 216.011, who is discharged, disciplined, or subjected to other adverse personnel action, or denied employment, because he or she engaged in an activity protected by this section may file a complaint, which complaint must be made in accordance with s. 112.31895. Upon receipt of notice from the Florida Commission on Human Relations of termination of the investigation, the complainant may elect to pursue the administrative remedy available under s. 112.31895 or bring a civil action within 180 days after receipt of the notice.
(b) Within 60 days after the action prohibited by this section, any local public employee protected by this section may file a complaint with the appropriate local governmental authority, if that authority has established by ordinance an administrative procedure for handling such complaints or has contracted with the Division of Administrative Hearings under s. 120.65 to conduct hearings under this section. The administrative procedure created by ordinance must provide for the complaint to be heard by a panel of impartial persons appointed by the appropriate local governmental authority. Upon hearing the complaint, the panel must make findings of fact and conclusions of law for a final decision by the local governmental authority. Within 180 days after entry of a final decision by the local governmental authority, the public employee who filed the complaint may bring civil action in any court of competent jurisdiction. If the local governmental authority has not established an administrative procedure by ordinance or contract a local public employee may, within 180 days after the action prohibited by this section, bring a civil action in a court of competent jurisdiction. For the purpose of this paragraph, the term “local governmental authority” includes any regional, county, or municipal entity, special district, community college district, or school district or any political subdivision of any of the foregoing.
(c) Any other person protected by this section may, after exhausting all available contractual or administrative remedies, bring a civil action in any court of competent jurisdiction within 180 days after the action prohibited by this section.
(9) RELIEF.—In any action brought under this section, the relief must include the following:
(a) Reinstatement of the employee to the same position held before the adverse action was commenced, or to an equivalent position or reasonable front pay as alternative relief.
(b) Reinstatement of the employee’s full fringe benefits and seniority rights, as appropriate.
(c) Compensation, if appropriate, for lost wages, benefits, or other lost remuneration caused by the adverse action.
(d) Payment of reasonable costs, including attorney’s fees, to a substantially prevailing employee, or to the prevailing employer if the employee filed a frivolous action in bad faith.
(e) Issuance of an injunction, if appropriate, by a court of competent jurisdiction.
(f) Temporary reinstatement to the employee’s former position or to an equivalent position, pending the final outcome on the complaint, if an employee complains of being discharged in retaliation for a protected disclosure and if a court of competent jurisdiction or the Florida Commission on Human Relations, as applicable under s. 112.31895, determines that the disclosure was not made in bad faith or for a wrongful purpose or occurred after an agency’s initiation of a personnel action against the employee which includes documentation of the employee’s violation of a disciplinary standard or performance deficiency. This paragraph does not apply to an employee of a municipality.
(10) DEFENSES.—It shall be an affirmative defense to any action brought pursuant to this section that the adverse action was predicated upon grounds other than, and would have been taken absent, the employee’s or person’s exercise of rights protected by this section.
(11) EXISTING RIGHTS.—Sections 112.3187-112.31895 do not diminish the rights, privileges, or remedies of an employee under any other law or rule or under any collective bargaining agreement or employment contract; however, the election of remedies in s. 447.401 also applies to whistle-blower actions.
AMCD POLICY 2008-01 -- PROTECTING SAFETY, HEALTH AND ENVIRONMENT AND EMPLOYEE RIGHTS TO RAISE CONCERNS
Statement of Principles: The Anastasia Mosquito Control District of St. Johns County (AMCD) encourages employees to raise concerns rather than let them fester, to ask questions and make suggestions, and to work together to solve problems and make AMCD a safe, healthy, happy workplace by respecting principles of equality, openness, transparency and a good day's work for a good day's pay.
AMCD is committed to the highest standards of moral and ethical behavior by all its employees and in all business dealings. Employees are expected to conduct AMCD business in an ethical manner and in compliance with all appropriate laws and regulations. Further, employees have a responsibility to report suspected dishonest acts and/or fraudulent activity to appropriate AMCD officials. Employees acting in good faith to report suspected dishonest acts and/or fraudulent activity ¬will be protected against retaliation for making such report.
A. Environmental, Safety and Health Protection
1. AMCD will control mosquitoes safely and prudently at the lowest feasible cost, favoring natural methods (like reducing standing water), protecting and advancing environmental, safety and health protection.
2. All employees and citizens are encouraged to ask questions, raise issues and report concerns, including concerns about environment, safety and health, accountability or other AMCD governance issues.
3. Persons raising concerns will be respected and treated with courtesy. Concerns will be discussed with respect for individual rights.
4. Employees and supervisors are empowered to report their environmental, safety and health protection concerns to the Board of AMCD and to individual Board members without fear or favor.
B. Standards
1. AMCD expects high standards in protecting employees and the public. Employees are expected to report environment, safety and health concerns and management shall act upon them expeditiously.
C. Knowingly False Allegations Not Protected
Knowingly false allegations are not protected under this policy and AMCD may discipline and terminate employees making false allegations and otherwise defend itself in the event that employees report false allegations.
D. Florida Law For Other Types of Employee Concerns
Concerns other than environmental, health and safety concerns are protected by Florida’s whistleblower law, which provides:
FLORIDA WHISTLE-BLOWER’S ACT
112.3187 Adverse action against employee for disclosing information of specified nature prohibited; employee remedy and relief.—
(1) SHORT TITLE. – Sections 112.3187 – 112.31895 may be cited as the “Whistle-blower’s Act.”
(2) LEGISLATIVE INTENT.—It is the intent of the Legislature to prevent agencies or independent contractors from taking retaliatory action against an employee who reports to an appropriate agency violations of law on the part of a public employer or independent contractor that create a substantial and specific danger to the public’s health, safety, or welfare. It is further the intent of the Legislature to prevent agencies or independent contractors from taking retaliatory action against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee.
(3) DEFINITIONS.—As used in this act, unless otherwise specified, the following words or terms shall have the meanings indicated:
(a) “Agency” means any state, regional, county, local, or municipal government entity, whether executive, judicial, or legislative; any official, officer, department, division, bureau, commission, authority, or political subdivision therein; or any public school, community college, or state university.
(b) “Employee” means a person who performs services for, and under the control and direction of, or contracts with, an agency or independent contractor for wages or other remuneration.
(c) “Adverse personnel action” means the discharge, suspension, transfer, or demotion of any employee or the withholding of bonuses, the reduction in salary or benefits, or any other adverse action taken against an employee within the terms and conditions of employment by an agency or independent contractor.
(d) “Independent contractor” means a person, other than an agency, engaged in any business and who enters into a contract including a provider agreement, with an agency.
(e) “Gross mismanagement” means a continuous pattern of managerial abuses, wrongful or arbitrary and capricious actions, or fraudulent or criminal conduct which may have a substantial adverse economic impact.
(4) ACTIONS PROHIBITED.—
(a) An agency or independent contractor shall not dismiss, discipline, or take any other adverse personnel action against an employee for disclosing information pursuant to the provisions of this section.
(b) An agency or independent contractor shall not take any adverse action that affects the rights or interests of a person in retaliation for the person’s disclosure of information under this section.
(c) The provisions of this subsection shall not be applicable when an employee or person discloses information known by the employee or person to be false.
(5) NATURE OF INFORMATION DISCLOSED.—The information disclosed under this section must include:
(a) Any violation or suspected violation of any federal, state, or local law, rule, or regulation committed by an employee or agent of an agency or independent contractor which creates and presents a substantial and specific danger to the public’s health, safety, or welfare.
(b) Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty committed by an employee or agent of an agency or independent contractor.
(6) TO WHOM INFORMATION DISCLOSED.—The information disclosed under this section must be disclosed to any agency or federal government entity having the authority to investigate, police, manage, or otherwise remedy the violation or act, including but not limited to, the Office of the Chief Inspector General, an agency inspector general or the employee designated as agency inspector general under s. 112.3189(1) or inspectors general under s. 20.055, the Florida Commission on Human Relations, and the whistle-blower’s hotline created under s. 112.3189. However, for disclosures concerning a local governmental entity, including any regional, county, or municipal entity, special district, community college district, or school district or any political subdivision of any of the foregoing, the information much be disclosed to a chief executive officer as defined in s. 447.203(9) or other appropriate local official.
(7) EMPLOYEES AND PERSONS PROTECTED.—This section protects employees and persons who disclose information on their own initiative in a written and signed complaint; who are requested to participate in an investigation, hearing, or other inquiry conducted by any agency or federal government entity; who refuse to participate in any adverse action prohibited by this section; or who initiate a complaint through the whistle-blower’s hotline or the hotline of the Medicaid Fraud Control Unit of the Department of Legal Affairs; or employees who file any written complaint to their supervisory officials or employees who submit a complaint to the Chief Inspector General in the Executive Office of the Governor, to the employee designated as agency inspector general under s. 112.3189(1), or to the Florida Commission on Human Relations. The provisions of this section may not be used by a person while he or she is under the care, custody, or control of the state correctional system or, after release from the care, custody, or control of the state correctional system, with respect to circumstances that occurred during any period of incarceration. No remedy or other protection under ss. 112.3189-112.31895 applies to any person who has committed or intentionally participated in committing the violation or suspected violation for which protection under ss. 112.3187-112.31895 is being sought.
(8) REMEDIES.—
(a) Any employee of or applicant for employment with any state agency, as the term “state agency” is defined in s. 216.011, who is discharged, disciplined, or subjected to other adverse personnel action, or denied employment, because he or she engaged in an activity protected by this section may file a complaint, which complaint must be made in accordance with s. 112.31895. Upon receipt of notice from the Florida Commission on Human Relations of termination of the investigation, the complainant may elect to pursue the administrative remedy available under s. 112.31895 or bring a civil action within 180 days after receipt of the notice.
(b) Within 60 days after the action prohibited by this section, any local public employee protected by this section may file a complaint with the appropriate local governmental authority, if that authority has established by ordinance an administrative procedure for handling such complaints or has contracted with the Division of Administrative Hearings under s. 120.65 to conduct hearings under this section. The administrative procedure created by ordinance must provide for the complaint to be heard by a panel of impartial persons appointed by the appropriate local governmental authority. Upon hearing the complaint, the panel must make findings of fact and conclusions of law for a final decision by the local governmental authority. Within 180 days after entry of a final decision by the local governmental authority, the public employee who filed the complaint may bring civil action in any court of competent jurisdiction. If the local governmental authority has not established an administrative procedure by ordinance or contract a local public employee may, within 180 days after the action prohibited by this section, bring a civil action in a court of competent jurisdiction. For the purpose of this paragraph, the term “local governmental authority” includes any regional, county, or municipal entity, special district, community college district, or school district or any political subdivision of any of the foregoing.
(c) Any other person protected by this section may, after exhausting all available contractual or administrative remedies, bring a civil action in any court of competent jurisdiction within 180 days after the action prohibited by this section.
(9) RELIEF.—In any action brought under this section, the relief must include the following:
(a) Reinstatement of the employee to the same position held before the adverse action was commenced, or to an equivalent position or reasonable front pay as alternative relief.
(b) Reinstatement of the employee’s full fringe benefits and seniority rights, as appropriate.
(c) Compensation, if appropriate, for lost wages, benefits, or other lost remuneration caused by the adverse action.
(d) Payment of reasonable costs, including attorney’s fees, to a substantially prevailing employee, or to the prevailing employer if the employee filed a frivolous action in bad faith.
(e) Issuance of an injunction, if appropriate, by a court of competent jurisdiction.
(f) Temporary reinstatement to the employee’s former position or to an equivalent position, pending the final outcome on the complaint, if an employee complains of being discharged in retaliation for a protected disclosure and if a court of competent jurisdiction or the Florida Commission on Human Relations, as applicable under s. 112.31895, determines that the disclosure was not made in bad faith or for a wrongful purpose or occurred after an agency’s initiation of a personnel action against the employee which includes documentation of the employee’s violation of a disciplinary standard or performance deficiency. This paragraph does not apply to an employee of a municipality.
(10) DEFENSES.—It shall be an affirmative defense to any action brought pursuant to this section that the adverse action was predicated upon grounds other than, and would have been taken absent, the employee’s or person’s exercise of rights protected by this section.
(11) EXISTING RIGHTS.—Sections 112.3187-112.31895 do not diminish the rights, privileges, or remedies of an employee under any other law or rule or under any collective bargaining agreement or employment contract; however, the election of remedies in s. 447.401 also applies to whistle-blower actions.
USDOJ Press Release: KOREAN BUSINESSMAN DETAINED IN BRIBERY CONSPIRACY INVOLVING $206 MILLION CONTRACT
FOR IMMEDIATE RELEASE
FRIDAY, NOVEMBER 21, 2008
WWW.USDOJ.GOV CRm
(202) 514-2007
TDD (202) 514-1888
KOREAN BUSINESSMAN DETAINED IN BRIBERY CONSPIRACY INVOLVING $206 MILLION CONTRACT
WASHINGTON - A South Korean businessman was ordered detained today for his alleged role in a bribery conspiracy for a $206 million telecommunications contract involving employees of the Army Air Force Exchange Service (AAFES), Acting Assistant Attorney General Matthew Friedrich of the Criminal Division announced.
Gi-Hwan Jeong, 44, was arrested in Dallas on Nov. 19, 2008, on a criminal complaint charging him with one count of conspiracy to defraud the United States, to commit wire fraud and to commit bribery, and one count of bribery. In ordering Jeong’s detention, Magistrate Judge Paul D. Stickney of the Northern District of Texas found probable cause to support the charges and that Jeong was a flight risk.
According to the affidavit in support of the complaint, AAFES provides goods and services worth billions of dollars to U.S. Armed Forces service members and their families around the world, often referred to as “PX services.” The affidavit alleges that Jeong paid bribes to AAFES employees, who are considered U.S. government employees, to assist his company, SSRT, in connection with a $206 million contract to provide telecommunication services to AAFES customers. The affidavit further alleges that an AAFES employee attempted to terminate the contract with SSRT for poor performance, but supported the contract after receiving payments from Jeong.
This case is being prosecuted by Senior Trial Attorney Richard C. Pilger and Trial Attorney Richard B. Evans of the Criminal Division’s Public Integrity Section, headed by William M. Welch II, Chief. The case was investigated by the Air Force Office of Special Investigations, the FBI and the Internal Revenue Service, Criminal Investigation.
A criminal complaint is merely an allegation, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.
FRIDAY, NOVEMBER 21, 2008
WWW.USDOJ.GOV CRm
(202) 514-2007
TDD (202) 514-1888
KOREAN BUSINESSMAN DETAINED IN BRIBERY CONSPIRACY INVOLVING $206 MILLION CONTRACT
WASHINGTON - A South Korean businessman was ordered detained today for his alleged role in a bribery conspiracy for a $206 million telecommunications contract involving employees of the Army Air Force Exchange Service (AAFES), Acting Assistant Attorney General Matthew Friedrich of the Criminal Division announced.
Gi-Hwan Jeong, 44, was arrested in Dallas on Nov. 19, 2008, on a criminal complaint charging him with one count of conspiracy to defraud the United States, to commit wire fraud and to commit bribery, and one count of bribery. In ordering Jeong’s detention, Magistrate Judge Paul D. Stickney of the Northern District of Texas found probable cause to support the charges and that Jeong was a flight risk.
According to the affidavit in support of the complaint, AAFES provides goods and services worth billions of dollars to U.S. Armed Forces service members and their families around the world, often referred to as “PX services.” The affidavit alleges that Jeong paid bribes to AAFES employees, who are considered U.S. government employees, to assist his company, SSRT, in connection with a $206 million contract to provide telecommunication services to AAFES customers. The affidavit further alleges that an AAFES employee attempted to terminate the contract with SSRT for poor performance, but supported the contract after receiving payments from Jeong.
This case is being prosecuted by Senior Trial Attorney Richard C. Pilger and Trial Attorney Richard B. Evans of the Criminal Division’s Public Integrity Section, headed by William M. Welch II, Chief. The case was investigated by the Air Force Office of Special Investigations, the FBI and the Internal Revenue Service, Criminal Investigation.
A criminal complaint is merely an allegation, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.
USDOJ Press Release: FORMER USDA OFFICIAL AND OWNER OF PEST CONTROL COMPANY SENTENCED TO PRISON FOR PERMITTING PESTS TO ENTER COUNTRY
U.S. Department of Justice
U.S. Attorney’s Office
Southern District of Texas
Tim Johnson Acting United States Attorney
FOR IMMEDIATE RELEASE
MONDAY, NOV. 24, 2008
ANGELA DODGE
PUBLIC AFFAIRS OFFICER
(713) 567-9388
FORMER USDA OFFICIAL AND OWNER OF PEST CONTROL COMPANY SENTENCED TO PRISON FOR PERMITTING PESTS TO ENTER COUNTRY
(LAREDO) – Jose Homero Reyes, a former USDA plant protection and quarantine officer (PPQ), and Arturo Ramirez, owner of Ambush Exterminators, were each sentenced to prison terms for permitting trucks carrying agricultural products into the United States without proper fumigation, acting United States Attorney Tim Johnson announced today.
U. S. District Court Judge Micaela Alvarez sentenced Reyes, 48, of Laredo, to 12 months in federal prison, and Ramirez, 46, of Laredo, to five months in prison to be followed by five months of home confinement at a hearing held this morning. Reyes and Ramirez each pleaded guilty earlier this year to conspiring to permit infested agricultural products to enter the United States from Mexico, and to the substantive counts of permitting infested agricultural products to enter the United States from Mexico. In addition to the prison terms, Judge Alvarez ordered both men to pay restitution to the USDA and the owners of the agricultural products. Reyes is to pay $19,770. Ramirez is to pay $39,541. Following their release from prison, the court has further ordered each defendant to serve a three year term of supervised release. Reyes and Ramirez have been permitted to remain on bond pending and order to surrender to a Bureau of Prisons facility to be designated in the near future.
This was the first prosecution in the United States under the Plant Protection Act (7 U.S.C. Sections 7734 and 7711). Reyes and Ramirez were originally charged with Rafael Melo and Robert Perez, both of whom were also PPQs. Melo committed suicide after he was charged. Perez pleaded guilty to a misdemeanor charge, and was sentenced October 1, 2008, to 6-months home confinement.
The investigation leading to the charges was a joint investigation by the FBI’s Public Corruption Task Force and the USDA - Office of Inspector General. The Task Force includes the Laredo Police Department, Department of Homeland Security - Office of the Inspector General and CBP - Office of Internal Affairs. Special agents from Immigration and Customs Enforcement also assisted in the operation. The case is being prosecuted by Assistant United States Attorneys Sam Sheldon and James Seaman.
# # #
U.S. Attorney’s Office
Southern District of Texas
Tim Johnson Acting United States Attorney
FOR IMMEDIATE RELEASE
MONDAY, NOV. 24, 2008
ANGELA DODGE
PUBLIC AFFAIRS OFFICER
(713) 567-9388
FORMER USDA OFFICIAL AND OWNER OF PEST CONTROL COMPANY SENTENCED TO PRISON FOR PERMITTING PESTS TO ENTER COUNTRY
(LAREDO) – Jose Homero Reyes, a former USDA plant protection and quarantine officer (PPQ), and Arturo Ramirez, owner of Ambush Exterminators, were each sentenced to prison terms for permitting trucks carrying agricultural products into the United States without proper fumigation, acting United States Attorney Tim Johnson announced today.
U. S. District Court Judge Micaela Alvarez sentenced Reyes, 48, of Laredo, to 12 months in federal prison, and Ramirez, 46, of Laredo, to five months in prison to be followed by five months of home confinement at a hearing held this morning. Reyes and Ramirez each pleaded guilty earlier this year to conspiring to permit infested agricultural products to enter the United States from Mexico, and to the substantive counts of permitting infested agricultural products to enter the United States from Mexico. In addition to the prison terms, Judge Alvarez ordered both men to pay restitution to the USDA and the owners of the agricultural products. Reyes is to pay $19,770. Ramirez is to pay $39,541. Following their release from prison, the court has further ordered each defendant to serve a three year term of supervised release. Reyes and Ramirez have been permitted to remain on bond pending and order to surrender to a Bureau of Prisons facility to be designated in the near future.
This was the first prosecution in the United States under the Plant Protection Act (7 U.S.C. Sections 7734 and 7711). Reyes and Ramirez were originally charged with Rafael Melo and Robert Perez, both of whom were also PPQs. Melo committed suicide after he was charged. Perez pleaded guilty to a misdemeanor charge, and was sentenced October 1, 2008, to 6-months home confinement.
The investigation leading to the charges was a joint investigation by the FBI’s Public Corruption Task Force and the USDA - Office of Inspector General. The Task Force includes the Laredo Police Department, Department of Homeland Security - Office of the Inspector General and CBP - Office of Internal Affairs. Special agents from Immigration and Customs Enforcement also assisted in the operation. The case is being prosecuted by Assistant United States Attorneys Sam Sheldon and James Seaman.
# # #
Tuesday, November 25, 2008
FORMER COMMISSIONER JACALONE'S CONSENT ORDER INVOLVED ILLEGAL CONTRIBUTIONS TO REPUBLICANS RANDY BRUNSON, KERRY McCARTHY, LENNON, DECK, BUSH
It happened in 2004 and was remedied in 2005 -- MARC JACALONE gave illegal contributions to Republicans GEORGE W. BUSH, the Republicans of St. Johns County, as well as Republicans RANDY BRUNSON, KERRY McCARTHY, WILEY DECK and WILLIAM LENNON.
So I reckon birds of a feather do flock together, whether on Plazabum or otherwise.
See http://www.fec.state.fl.us/Final%20Orders/2005/140.pdf
STATE OF FLORIDA
FLORIDA ELECTIONS COMMISSION
Florida Elections Commission,Petitioner,
v.
Marc Jacalone,Respondent.
Agency Case No.: FEC 04-25004-280F.O.No.: DOSFEC 05-140Marc
CONSENT ORDER
The Respondent, Marc Jacalone, and the Florida Elections Commission (Commission)agree that this Consent Order resolves all of the issues between the parties in this case. Theparties jointly stipulate to the following facts, conclusions of law, and order:
FINDINGS OF FACT
1. The Respondent was an unsuccessful incumbent candidate for the St. JohnsCounty Commission, District 3, in the August 31, 2004 Primary Election.
2. Complainant, Clara A. Cowan, was a candidate for St. Johns County SchoolBoard in 2002 and is currently a resident of St. John's County.. Complainant Glen Tilley is aresident of St. John's County.
3. On January 24, 2005, the staff drafted a Statement of Findings recommending tothe Commission that there was probable cause to believe that The Florida Election Code was violated.
4. On March 4, 2005, the Commission entered an Order of Probable Cause findingthat there was probable cause to charge the Respondent with the following violations:Faa020 (11/04)
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Count 1: On or about May 11, 2004, Respondent violated Section104.071(l)(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theRespondent made a $500 contribution from his campaign accountto his county political party
Count 2;On or about May 11, 2004, Respondent violated Section104,071(1 )(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theRespondent made a $100 contribution from his campaign accountto Randy Branson, a candidate for the Airport Authority.
Count 3 On or about May 11, 2004, Respondent violated Section104 071(l)(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theRespondent made a $100 contribution from his campaign funds to Wiley Deck, a candidate for the Florida House of Representatives.
Count 4:On or about May 11, 2004, Respondent violated Section104.071(1 )(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theRespondent made a $100 contribution from his campaign funds toKerry McCarthy, a candidate for the Florida House ofRepresentatives.
Count 5:On or about July 30, 2004, Respondent violated Section104.071(l)(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theFaa020 (11/04)
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Respondent made a $100 contribution from his campaign funds toWilliam Lennon, a candidate for the St Augustine CityCommission
Count 6:On or about July 30, 2004, Respondent violated Section104.071(1 )(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theRespondent made a $500 contribution from his campaign funds tocandidates running for the offices of President and Vice-Presidentof the United States.
Count 7:On or about May 11,2004, Respondent violated Section 106.11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, whenRespondent made a $500 contribution from his campaign accountto his county political party.
Count 8:On or about May 11, 2004, Respondent violated Section 106 11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, whenRespondent made a $100 contribution from his campaign accountto Randy Branson, a candidate for the Airport Authority.
Count 9:On or about May 11,2004, Respondent violated Section 106.11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, whenRespondent made a $100 contribution from his campaign funds toWiley Deck, a candidate for the Florida House of Representatives.
Count 10:On or about May 11,2004, Respondent violated Section 106.11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, whenRespondent made a $100 contribution from his campaign accountto Kerry McCarthy, a candidate for the Florida House ofRepresentativesFaa020 (11/04)
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Page 4
Count 11:On or about July 30, 2004, Respondent violated Section 106.11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, whenRespondent made a $100 contribution from his campaign funds toWilliam Lennon, a candidate for the St. Augustine CityCommission
Count 12:On or about July 30, 2004, Respondent violated Section 106.11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, when Respondent made a $100 contribution from his campaign funds tocandidates running for the offices of President and Vice-Presidentof the United States.
Count 13:On or about May 11, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anexpenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $500contribution to his county political party
Count 14:On or about May 11, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anexpenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $100contribution to Randy Brunson, a candidate for the AirportAuthority
Count 15:On or about May 11, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anexpenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $100contribution to Wiley Deck, a candidate for the Florida House ofRepresentatives
Count 16:On or about July 30, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anFaa020 (11/04)
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expenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $100 contribution to Kerry McCarthy, a candidate for the Florida Houseof Representatives.
Count 17;On or about July 30, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anexpenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $100contribution to William Lennon, a candidate for the St. AugustineCity Commission
Count 18: On or about May 11, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anexpenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $100contribution to candidates running for the offices of President andVice-President of the United States
5 On March 7, 2004, the Respondent was served by certified mail with a copy ofthe Order of Probable Cause.
6. The Respondent requested a hearing before the Commission within 30 days ofreceiving the Order of Probable Cause.
7. The Respondent and the staff stipulate to the following facts:A. Between May 11, 2004 and July 30, 2004, Respondentmade six contributions to candidates running for public usingcampaign funds listed in the following table:
DateFull Name,Street Address & City,State, Zip CodePurpose(add office sought ifcontribution to acandidate)ExpendituresTypeAmendmentAmount
5/11/04St John's County(political paity) ExecutiveCommittee301 Royal St Aug HwySt Aug , FL 32084Political DonationMon$500 00Faa020 (11/04)
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5/11/04Randy Brunson foe Airport Authority82 Coméis AveSt.. Aug., FL 32084Political DonationMon$100.00
5/11/04 Wiley Deck for State Rep(20)3080 N Ponce de LeonSt.. Aug, FL 32084Political DonationMon$100 00
5/11/04Keiry McCarthy for StateRep (20)3520 Redbud TrailSt.. Aug, FL 32084Political DonationMon$100 00
7/30/04William Lennon foi CityCommission27 Dolphin DriveSt Aug, FL 32084Political ContributionMon$100 00
7/30/04Major Political PartyPresidential CampaignPolitical ContributionMon$100 00B.
Respondent made the six contributions with a check drawnon Respondent's campaign account Section 106.11(1), FloridaStatutes, prohibits the use of a campaign account for anythingexcept depositing contributions and making expenditures on thatcandidate's campaignC. Respondent is not a first-time candidate Respondent wasinitially elected to the St. Johns County Commission in 1996Respondent was re-elected in 2000 and was the incumbentcandidate when he was defeated in the August 31, 2004 PrimaryElection.
D. The St. John's County Supervisor of Elections Officeprovided Respondent with the following information when hequalified as a candidate on July 13,2004:1. Notice of Late Filing of Campaign Treasurer's Reports;2 Notice of False or Malicious Charges;
3. Willful violations;
4 Notice of Usage and Removal of Political CampaignAdvertisements;The actual name and address of the candidate receiving the contribution was properly reported on Respondent'sCTRFaa020 (11/04)
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5. Supervisor of Elections Web Page Link information,
6. 2004 Election Cycle Calendar of Reporting Dates, and
7 2004 Campaign Finance Legislative Changes PoliticalAdvertisements DisclaimersE Respondent executed Statement of Candidate formsacknowledging that he had received, read, and understood therequirements of Chapter 106, Florida Statutes, on April 1, 1996,February 22, 2000, and January 29, 2004, Respondent hasacknowledged receiving and reading a copy of Chapter 104,Florida Statutes. Additionally, Respondent received and read the2004 Candidate and Campaign Treasurer Handbook published bythe Division of Elections
CONCLUSIONS OF LAW8
The Commission has jurisdiction over the parties to and subject matter of thiscause, pursuant to Section 106 26, Florida Statutes9. The Commission staff and the Respondent stipulate that the facts set forth inparagraph seven of this Consent Order constitute willful2 violations of Sections 104 071(1 )(c),106 11(1), and 106.19(l)(d), Florida StatutesORDER10. The Respondent and the staff of the Commission have entered into this ConsentOrder voluntarily and upon advice of counselThe Respondent shall bear his own attorney fees and costs that are in any way associated withthis case.
11. The Respondent understands that before the Consent Order becomes final agency§106 37, Fla Stat, provides that a person willfully violates Ch 106, Fla Stat :If the person commits an act while knowing that, or showing reckless disregard for whether, theact is prohibited or does not commit an act while knowing that, or showing reckless disregardfor whether the act is required A person knows that an act is prohibited or required if theperson is aware of the provision which prohibits or required the act, understands the meaningofthat provision, and performs the act that is prohibited or fails to perform the act that is requiredA person shows reckless disregard for whether an act is prohibited or required under this chapter ifFaa020 (11/04)
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action, the Commission must approve it at a public meeting. After approval, the Consent Orderconstitutes final agency action of the Commission on the violations listed in the Order ofProbable Cause.
12 The Respondent voluntarily waives the right to any further proceedings underChapters 104,106, and 120, Florida Statutes, and the right to appeal the Consent Order.
13. This Consent Order is enforceable under Sections 106 265 and 120.69, FloridaStatutes. The Respondent expressly waives any venue privileges and agrees that if enforcementof this Consent Order is necessary, venue shall be in Leon County, Florida, and Respondent shallbe responsible for all fees and costs associated with enforcement.
14 If the Commission does not receive the signed Consent Order along with acashier's check, bank check or attorney's trust account check for the agreed upon penalty by theclose of business on May 17, 2005 at 5:00 pm., the staff will withdraw this offer of settlementand will proceed with the informal hearing scheduled for May 19,2005 at 1 00 p.m.
PENALTY
WHEREFORE, based upon the foregoing facts and conclusions of law, the Commissionfinds that the Respondent has violated the following provisions of Chapter 106, Florida Statutes,and imposes the following fines:
A. Respondent has violated Section 104.071(l)(c), Florida Statutes, on sixoccasions for using campaign funds to make contributions to other candidates for electedoffice. Respondent is fined a total of $2500 for the six violations.
B. Respondent has violated Sections 106 11(1), Florida Statutes, on sixoccasions for using his campaign account for a purpose other than depositingthe person wholly disregards the law without making any reasonable effort to determine whetherthe act would constitute a violationFaa020 (11/04)
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contributions or making expenditures in connection with Respondent's campaignRespondent is fined a total of $2500 for the six violations
C Respondent has violated Sections 106.19(l)(d), Florida Statutes, on sixoccasions for making an expenditure prohibited by Chapter 106. Respondent is fined atotal of $2500 for the six violations.
Therefore it is,ORDERED that the Respondent shall remit to the Commission a civil penalty in theamount of $7500, inclusive of fees and costs. The civil penalty shall be paid to the FloridaElections Commission, 107 W. Gaines Street, Collins Building, Suite 224, Tallahassee, Florida,32399-1050The Respondent hereby agrees and consents to the terms of this Consent Order on2005.Marc Jacalone - RespondentCEsq.28 Cordova StreetSt. Augustine, FL 32084Attorney for Respondent, Marc JacaloneThe Commission staff hereby agrees and consents to the terms of this Consent Order on2005.Faa020 (11/04)
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Eric M. LipmanAssistant General CounselFlorida Elections Commission107 W. Gaines StreetsCollins Building, Suite 224Tallahassee, FL 32399-1050Approved by the Florida Elections Commission at its regularly scheduled meeting heldon May 19 & 20, 2005 at Tallahassee, Florida and filed with the Clerk of the Commission on I nxM. ^ , 2005, in Tallahassee, Florida.Chance Irvine, ChairmanFlorida Elections Commission107 W.Gaines StreetsCollins Building, Suite 224Tallahassee, FL 32399-1050Copies furnished to: Eric M. Lipman, Assistant General CounselMarc Jacalone, RespondentR.J. Larizza, Attorney for RespondentGlen Tilley, Complainant (FEC 04-250)Clara Cowan, Complainant (FEC 04-280)St. John's County Supervisor of Elections, Filing OfficerFaa020 (11/04) |Q
http://www.fec.state.fl.us/Final%20Orders/2005/140.pdf
So I reckon birds of a feather do flock together, whether on Plazabum or otherwise.
See http://www.fec.state.fl.us/Final%20Orders/2005/140.pdf
STATE OF FLORIDA
FLORIDA ELECTIONS COMMISSION
Florida Elections Commission,Petitioner,
v.
Marc Jacalone,Respondent.
Agency Case No.: FEC 04-25004-280F.O.No.: DOSFEC 05-140Marc
CONSENT ORDER
The Respondent, Marc Jacalone, and the Florida Elections Commission (Commission)agree that this Consent Order resolves all of the issues between the parties in this case. Theparties jointly stipulate to the following facts, conclusions of law, and order:
FINDINGS OF FACT
1. The Respondent was an unsuccessful incumbent candidate for the St. JohnsCounty Commission, District 3, in the August 31, 2004 Primary Election.
2. Complainant, Clara A. Cowan, was a candidate for St. Johns County SchoolBoard in 2002 and is currently a resident of St. John's County.. Complainant Glen Tilley is aresident of St. John's County.
3. On January 24, 2005, the staff drafted a Statement of Findings recommending tothe Commission that there was probable cause to believe that The Florida Election Code was violated.
4. On March 4, 2005, the Commission entered an Order of Probable Cause findingthat there was probable cause to charge the Respondent with the following violations:Faa020 (11/04)
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Count 1: On or about May 11, 2004, Respondent violated Section104.071(l)(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theRespondent made a $500 contribution from his campaign accountto his county political party
Count 2;On or about May 11, 2004, Respondent violated Section104,071(1 )(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theRespondent made a $100 contribution from his campaign accountto Randy Branson, a candidate for the Airport Authority.
Count 3 On or about May 11, 2004, Respondent violated Section104 071(l)(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theRespondent made a $100 contribution from his campaign funds to Wiley Deck, a candidate for the Florida House of Representatives.
Count 4:On or about May 11, 2004, Respondent violated Section104.071(1 )(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theRespondent made a $100 contribution from his campaign funds toKerry McCarthy, a candidate for the Florida House ofRepresentatives.
Count 5:On or about July 30, 2004, Respondent violated Section104.071(l)(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theFaa020 (11/04)
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Respondent made a $100 contribution from his campaign funds toWilliam Lennon, a candidate for the St Augustine CityCommission
Count 6:On or about July 30, 2004, Respondent violated Section104.071(1 )(c), Florida Statutes, prohibiting a candidate or anyperson supporting a candidate, to aid the nomination or election ofsuch candidate from giving, paying, expending, or contributing anymoney or other thing of value to any other candidate when theRespondent made a $500 contribution from his campaign funds tocandidates running for the offices of President and Vice-Presidentof the United States.
Count 7:On or about May 11,2004, Respondent violated Section 106.11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, whenRespondent made a $500 contribution from his campaign accountto his county political party.
Count 8:On or about May 11, 2004, Respondent violated Section 106 11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, whenRespondent made a $100 contribution from his campaign accountto Randy Branson, a candidate for the Airport Authority.
Count 9:On or about May 11,2004, Respondent violated Section 106.11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, whenRespondent made a $100 contribution from his campaign funds toWiley Deck, a candidate for the Florida House of Representatives.
Count 10:On or about May 11,2004, Respondent violated Section 106.11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, whenRespondent made a $100 contribution from his campaign accountto Kerry McCarthy, a candidate for the Florida House ofRepresentativesFaa020 (11/04)
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Count 11:On or about July 30, 2004, Respondent violated Section 106.11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, whenRespondent made a $100 contribution from his campaign funds toWilliam Lennon, a candidate for the St. Augustine CityCommission
Count 12:On or about July 30, 2004, Respondent violated Section 106.11(1),Florida Statutes, by using the campaign account for a purposeother than depositing contributions or making expenditures, when Respondent made a $100 contribution from his campaign funds tocandidates running for the offices of President and Vice-Presidentof the United States.
Count 13:On or about May 11, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anexpenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $500contribution to his county political party
Count 14:On or about May 11, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anexpenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $100contribution to Randy Brunson, a candidate for the AirportAuthority
Count 15:On or about May 11, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anexpenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $100contribution to Wiley Deck, a candidate for the Florida House ofRepresentatives
Count 16:On or about July 30, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anFaa020 (11/04)
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expenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $100 contribution to Kerry McCarthy, a candidate for the Florida Houseof Representatives.
Count 17;On or about July 30, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anexpenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $100contribution to William Lennon, a candidate for the St. AugustineCity Commission
Count 18: On or about May 11, 2004, Respondent violated Section106.19(l)(d), Florida Statutes, when the Respondent made anexpenditure in violation of Chapter 106, Florida Statutes, by usingfunds on deposit in his campaign account to make a $100contribution to candidates running for the offices of President andVice-President of the United States
5 On March 7, 2004, the Respondent was served by certified mail with a copy ofthe Order of Probable Cause.
6. The Respondent requested a hearing before the Commission within 30 days ofreceiving the Order of Probable Cause.
7. The Respondent and the staff stipulate to the following facts:A. Between May 11, 2004 and July 30, 2004, Respondentmade six contributions to candidates running for public usingcampaign funds listed in the following table:
DateFull Name,Street Address & City,State, Zip CodePurpose(add office sought ifcontribution to acandidate)ExpendituresTypeAmendmentAmount
5/11/04St John's County(political paity) ExecutiveCommittee301 Royal St Aug HwySt Aug , FL 32084Political DonationMon$500 00Faa020 (11/04)
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Page 6
5/11/04Randy Brunson foe Airport Authority82 Coméis AveSt.. Aug., FL 32084Political DonationMon$100.00
5/11/04 Wiley Deck for State Rep(20)3080 N Ponce de LeonSt.. Aug, FL 32084Political DonationMon$100 00
5/11/04Keiry McCarthy for StateRep (20)3520 Redbud TrailSt.. Aug, FL 32084Political DonationMon$100 00
7/30/04William Lennon foi CityCommission27 Dolphin DriveSt Aug, FL 32084Political ContributionMon$100 00
7/30/04Major Political PartyPresidential CampaignPolitical ContributionMon$100 00B.
Respondent made the six contributions with a check drawnon Respondent's campaign account Section 106.11(1), FloridaStatutes, prohibits the use of a campaign account for anythingexcept depositing contributions and making expenditures on thatcandidate's campaignC. Respondent is not a first-time candidate Respondent wasinitially elected to the St. Johns County Commission in 1996Respondent was re-elected in 2000 and was the incumbentcandidate when he was defeated in the August 31, 2004 PrimaryElection.
D. The St. John's County Supervisor of Elections Officeprovided Respondent with the following information when hequalified as a candidate on July 13,2004:1. Notice of Late Filing of Campaign Treasurer's Reports;2 Notice of False or Malicious Charges;
3. Willful violations;
4 Notice of Usage and Removal of Political CampaignAdvertisements;The actual name and address of the candidate receiving the contribution was properly reported on Respondent'sCTRFaa020 (11/04)
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5. Supervisor of Elections Web Page Link information,
6. 2004 Election Cycle Calendar of Reporting Dates, and
7 2004 Campaign Finance Legislative Changes PoliticalAdvertisements DisclaimersE Respondent executed Statement of Candidate formsacknowledging that he had received, read, and understood therequirements of Chapter 106, Florida Statutes, on April 1, 1996,February 22, 2000, and January 29, 2004, Respondent hasacknowledged receiving and reading a copy of Chapter 104,Florida Statutes. Additionally, Respondent received and read the2004 Candidate and Campaign Treasurer Handbook published bythe Division of Elections
CONCLUSIONS OF LAW8
The Commission has jurisdiction over the parties to and subject matter of thiscause, pursuant to Section 106 26, Florida Statutes9. The Commission staff and the Respondent stipulate that the facts set forth inparagraph seven of this Consent Order constitute willful2 violations of Sections 104 071(1 )(c),106 11(1), and 106.19(l)(d), Florida StatutesORDER10. The Respondent and the staff of the Commission have entered into this ConsentOrder voluntarily and upon advice of counselThe Respondent shall bear his own attorney fees and costs that are in any way associated withthis case.
11. The Respondent understands that before the Consent Order becomes final agency§106 37, Fla Stat, provides that a person willfully violates Ch 106, Fla Stat :If the person commits an act while knowing that, or showing reckless disregard for whether, theact is prohibited or does not commit an act while knowing that, or showing reckless disregardfor whether the act is required A person knows that an act is prohibited or required if theperson is aware of the provision which prohibits or required the act, understands the meaningofthat provision, and performs the act that is prohibited or fails to perform the act that is requiredA person shows reckless disregard for whether an act is prohibited or required under this chapter ifFaa020 (11/04)
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Page 8
action, the Commission must approve it at a public meeting. After approval, the Consent Orderconstitutes final agency action of the Commission on the violations listed in the Order ofProbable Cause.
12 The Respondent voluntarily waives the right to any further proceedings underChapters 104,106, and 120, Florida Statutes, and the right to appeal the Consent Order.
13. This Consent Order is enforceable under Sections 106 265 and 120.69, FloridaStatutes. The Respondent expressly waives any venue privileges and agrees that if enforcementof this Consent Order is necessary, venue shall be in Leon County, Florida, and Respondent shallbe responsible for all fees and costs associated with enforcement.
14 If the Commission does not receive the signed Consent Order along with acashier's check, bank check or attorney's trust account check for the agreed upon penalty by theclose of business on May 17, 2005 at 5:00 pm., the staff will withdraw this offer of settlementand will proceed with the informal hearing scheduled for May 19,2005 at 1 00 p.m.
PENALTY
WHEREFORE, based upon the foregoing facts and conclusions of law, the Commissionfinds that the Respondent has violated the following provisions of Chapter 106, Florida Statutes,and imposes the following fines:
A. Respondent has violated Section 104.071(l)(c), Florida Statutes, on sixoccasions for using campaign funds to make contributions to other candidates for electedoffice. Respondent is fined a total of $2500 for the six violations.
B. Respondent has violated Sections 106 11(1), Florida Statutes, on sixoccasions for using his campaign account for a purpose other than depositingthe person wholly disregards the law without making any reasonable effort to determine whetherthe act would constitute a violationFaa020 (11/04)
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Page 9
contributions or making expenditures in connection with Respondent's campaignRespondent is fined a total of $2500 for the six violations
C Respondent has violated Sections 106.19(l)(d), Florida Statutes, on sixoccasions for making an expenditure prohibited by Chapter 106. Respondent is fined atotal of $2500 for the six violations.
Therefore it is,ORDERED that the Respondent shall remit to the Commission a civil penalty in theamount of $7500, inclusive of fees and costs. The civil penalty shall be paid to the FloridaElections Commission, 107 W. Gaines Street, Collins Building, Suite 224, Tallahassee, Florida,32399-1050The Respondent hereby agrees and consents to the terms of this Consent Order on2005.Marc Jacalone - RespondentCEsq.28 Cordova StreetSt. Augustine, FL 32084Attorney for Respondent, Marc JacaloneThe Commission staff hereby agrees and consents to the terms of this Consent Order on2005.Faa020 (11/04)
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Page 10
Eric M. LipmanAssistant General CounselFlorida Elections Commission107 W. Gaines StreetsCollins Building, Suite 224Tallahassee, FL 32399-1050Approved by the Florida Elections Commission at its regularly scheduled meeting heldon May 19 & 20, 2005 at Tallahassee, Florida and filed with the Clerk of the Commission on I nxM. ^ , 2005, in Tallahassee, Florida.Chance Irvine, ChairmanFlorida Elections Commission107 W.Gaines StreetsCollins Building, Suite 224Tallahassee, FL 32399-1050Copies furnished to: Eric M. Lipman, Assistant General CounselMarc Jacalone, RespondentR.J. Larizza, Attorney for RespondentGlen Tilley, Complainant (FEC 04-250)Clara Cowan, Complainant (FEC 04-280)St. John's County Supervisor of Elections, Filing OfficerFaa020 (11/04) |Q
http://www.fec.state.fl.us/Final%20Orders/2005/140.pdf
Monday, November 24, 2008
FLORIDA ELECTION COMMISSION GENERAL COUNSEL RECOMMENDS FINDING PROBABLE CAUSE ON TWO VIOLATIONS BY FAILED COUNTY COMMISSION CANDIDATE RANDY BRUNSON
RANDY BRUNSON, FAILED CANDIDATE FOR COUNTY COMMISSION -- FEC GC WROTE THAT HIS VIOLATIONS WERE "WILLFUL," RECOMMENDING PROBABLE CAUSE FINDINGS ON TWO VIOLATIONS OF FLORIDA'S "WHO GAVE IT/WHO GOT IT" ELECTION LAW
In an October 2, 2008 memorandum received here Friday, Florida Elections Commission (FEC) General Counsel Charles Finkel recommended that the FEC find that RANDY BRUNSON committed two "willful" violations of Florida's election laws -- one for not reporting an in=kind contribution from hotelier KANTIBHAI PATEL and a second for accepting a contribution over the legal limit. Both violations involve the RANDY BRUNSON FOR COUNTY COMMISSION headquarters, which was located at 1800 North Ponce de Leon Blvd. (today occupied by a scooter dealer/renter business).
Mr. Finkel's reasoned and documented report is in the highest traditions of government service, seeking to vindicate Florida's "Who Gave It/Who Got It" law.
On December 1, 2008, FEC makes public the Commission's findings.
Letter: County has two 'no-kill' shelters
Letter: County has two 'no-kill' shelters
Donna Miani
Crescent Beach
Publication Date: 11/20/08
Editor: Lots of blame is going around about who is responsible for the closing of our 50- year-old Humane Society. True, there is one less place for our homeless animals. However, in reality it's a blessing for our dogs and cats because this "shelter" was a kill facility and many wonderful animals lost their lives and the their chance of being rescued and finding a loving home.
We have two "no-kill" rescue groups in St. Johns County that are doing extraordinary work to rescue and find home for our dogs and cats. These are Bebe and Goliath's World and SAFE Pet Rescue Inc. Both contacted the Humane Society many times offering help and assistance. There is discussion of resurrecting the Humane Society. Count me in, but only if it is designated a "no-kill" shelter and includes the participation and guidance from the selfless and compassionate women who lead SAFE and Bebe and Goliath's World.
Donna Miani
Crescent Beach
Click here to return to story:
http://staugustine.com/stories/112008/opinions_1120_030.shtml
© The St. Augustine Record
Donna Miani
Crescent Beach
Publication Date: 11/20/08
Editor: Lots of blame is going around about who is responsible for the closing of our 50- year-old Humane Society. True, there is one less place for our homeless animals. However, in reality it's a blessing for our dogs and cats because this "shelter" was a kill facility and many wonderful animals lost their lives and the their chance of being rescued and finding a loving home.
We have two "no-kill" rescue groups in St. Johns County that are doing extraordinary work to rescue and find home for our dogs and cats. These are Bebe and Goliath's World and SAFE Pet Rescue Inc. Both contacted the Humane Society many times offering help and assistance. There is discussion of resurrecting the Humane Society. Count me in, but only if it is designated a "no-kill" shelter and includes the participation and guidance from the selfless and compassionate women who lead SAFE and Bebe and Goliath's World.
Donna Miani
Crescent Beach
Click here to return to story:
http://staugustine.com/stories/112008/opinions_1120_030.shtml
© The St. Augustine Record
Letter: Lack of free parking keeps family from park
Letter: Lack of free parking keeps family from park
Cindy French
St. Augustine
Publication Date: 11/19/08
Editor: I agree with the merchants along St. George Street in their concerns about parking fees. My family used to love to walk in the Plaza de la Constitucion by the gazebo, walk down St. George Street, and stroll around the grounds of the Castillo de San Marcos whenever we had free time.
We used to enjoy July 4th fireworks, Columbus Day Hands on History, arts and crafts fairs, Nights of Lights, etc. Now, we rarely visit downtown because we know that we won't be able to find free parking.
The people of St. Augustine worked really hard to build Project Swing for everyone to bring their children to play in a safe playground for free. The parking lots around the area were either free or free after 5 p.m. Soon after the Swing project was built, the Ketterlinus Elementary School parking lots were blocked off. People could not park and walk to the park from there.
Then, the parking garage was built and people could not even park for free after 5 p.m. If we have to pay for parking, Swing Park is no longer free.
The people of St. Augustine are small-town people. We are the ones who pay taxes and work hard to make St. Augustine fun for everyone to visit. We're not high-income and, now that the economy has dropped, we are feeling it.
We ought to be able to park for free.
Cindy French
St. Augustine
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Cindy French
St. Augustine
Publication Date: 11/19/08
Editor: I agree with the merchants along St. George Street in their concerns about parking fees. My family used to love to walk in the Plaza de la Constitucion by the gazebo, walk down St. George Street, and stroll around the grounds of the Castillo de San Marcos whenever we had free time.
We used to enjoy July 4th fireworks, Columbus Day Hands on History, arts and crafts fairs, Nights of Lights, etc. Now, we rarely visit downtown because we know that we won't be able to find free parking.
The people of St. Augustine worked really hard to build Project Swing for everyone to bring their children to play in a safe playground for free. The parking lots around the area were either free or free after 5 p.m. Soon after the Swing project was built, the Ketterlinus Elementary School parking lots were blocked off. People could not park and walk to the park from there.
Then, the parking garage was built and people could not even park for free after 5 p.m. If we have to pay for parking, Swing Park is no longer free.
The people of St. Augustine are small-town people. We are the ones who pay taxes and work hard to make St. Augustine fun for everyone to visit. We're not high-income and, now that the economy has dropped, we are feeling it.
We ought to be able to park for free.
Cindy French
St. Augustine
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Letter: Shores' speeding complaints ignored
Letter: Shores' speeding complaints ignored
Steve Kelley
St. Augustine
Publication Date: 11/20/08
Editor: My wife and I have lived on Dorado Drive in the St. Augustine Shores for more than a year. This road is used as a shortcut from Vaill Point to Shores Boulevard. Many of the cars traveling up and down Dorado are speeding. There are a lot of children in the neighborhood.
I have contacted the St. Johns County Sheriff's Office many times for help and have spoken with people of influence. I have yet to see any positive enforcements. I realize they are busy with other things, but what is it going to take to get some results? I am not talking about 30 mph; some of the traffic has reached speeds at approximately 60 mph on a 25 mph residential street.
A couple of years ago there was a man hit and killed at his mailbox in the St. Augustine Shores. I hope it doesn't take another tragic accident for something to be done about this situation.
Steve Kelley
St. Augustine
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Steve Kelley
St. Augustine
Publication Date: 11/20/08
Editor: My wife and I have lived on Dorado Drive in the St. Augustine Shores for more than a year. This road is used as a shortcut from Vaill Point to Shores Boulevard. Many of the cars traveling up and down Dorado are speeding. There are a lot of children in the neighborhood.
I have contacted the St. Johns County Sheriff's Office many times for help and have spoken with people of influence. I have yet to see any positive enforcements. I realize they are busy with other things, but what is it going to take to get some results? I am not talking about 30 mph; some of the traffic has reached speeds at approximately 60 mph on a 25 mph residential street.
A couple of years ago there was a man hit and killed at his mailbox in the St. Augustine Shores. I hope it doesn't take another tragic accident for something to be done about this situation.
Steve Kelley
St. Augustine
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Editorial: City should review parking plan now
Editorial: City should review parking plan now
Publication Date: 11/23/08
St. Augustine's new parking system is at odds with downtown merchants who want more shoppers and diners.
The merchants want system changes to encourage people to come downtown. They want the current $1.50 an hour parking rate reduced, more places to buy the discounted Park Now card, and four-hour meters street side, especially around the Plaza de la Constitucion.
City Comptroller Mark Litzinger oversees the parking system. The first phase began last December. The system became fully operational just recently. He says the system needs time before tinkering. His estimate is for a review in 2010 to give the system a full year of parking activity after full implementation.
The system includes:
* Two-hour parking along the Plaza, on other streets downtown, and by Flagler College.
* Four-hour parking in several city lots downtown.
* Park Now cards available weekdays only at the City Finance Center, 50 Bridge St. They provide a discounted rate of 50 cents an hour.
* A non-discounted parking rate of $1.50 an hour.
The city is making money for the general fund.
Figures provided by Litzinger for the 2007-2008 fiscal year that ended Sept. 30, show:
* Park Now card sales totaled $36,000 in their first nine months. Litzinger estimates about 1,800 sold.
* The parking garage had 287,000 vehicles parked and revenue of $992,000. The garage rate is $1.25 an hour.
* The meter pay stations downtown produced $200,000 in revenue.
* The Community Redevelopment Agency designation for the area around the garage has resulted in enough revenue from an increment of the property tax revenue to pay for the $581,000 parking system and the $1 million annual debt service on the parking garage.
Parking revenues fund additional city services such as a downtown walking cop and traffic directional signs.
Litzinger said he is considering other places to sell the Park Now card but not tourist spots. "The Park Now card is a perk for local residents and for visitors who come here all the time," he said.
But, shouldn't the goal be to make all visitors frequent visitors? Would the Park Now card help that effort? Isn't that why Disney offers annual passes?
"The system is not about the money. It is about managing parking," Litzinger said. Bottom line: The city wants people to use the garage. Lowering the $1.50 rate would discourage that.
We're glad the system isn't burdening the city budget. But we share the merchants' concerns about the impact on the downtown economy and ultimately the tax base.
City Commissioner-elect Nancy Sikes-Kline, the city's Parking and Traffic Committee vice chair, says a consultant should evaluate the system now. She will ask the commission to support her suggestion after she is seated next month.
We agree with Sikes-Kline. Concerns should be evaluated as they arise and remedied as necessary. That's just good business sense.
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Publication Date: 11/23/08
St. Augustine's new parking system is at odds with downtown merchants who want more shoppers and diners.
The merchants want system changes to encourage people to come downtown. They want the current $1.50 an hour parking rate reduced, more places to buy the discounted Park Now card, and four-hour meters street side, especially around the Plaza de la Constitucion.
City Comptroller Mark Litzinger oversees the parking system. The first phase began last December. The system became fully operational just recently. He says the system needs time before tinkering. His estimate is for a review in 2010 to give the system a full year of parking activity after full implementation.
The system includes:
* Two-hour parking along the Plaza, on other streets downtown, and by Flagler College.
* Four-hour parking in several city lots downtown.
* Park Now cards available weekdays only at the City Finance Center, 50 Bridge St. They provide a discounted rate of 50 cents an hour.
* A non-discounted parking rate of $1.50 an hour.
The city is making money for the general fund.
Figures provided by Litzinger for the 2007-2008 fiscal year that ended Sept. 30, show:
* Park Now card sales totaled $36,000 in their first nine months. Litzinger estimates about 1,800 sold.
* The parking garage had 287,000 vehicles parked and revenue of $992,000. The garage rate is $1.25 an hour.
* The meter pay stations downtown produced $200,000 in revenue.
* The Community Redevelopment Agency designation for the area around the garage has resulted in enough revenue from an increment of the property tax revenue to pay for the $581,000 parking system and the $1 million annual debt service on the parking garage.
Parking revenues fund additional city services such as a downtown walking cop and traffic directional signs.
Litzinger said he is considering other places to sell the Park Now card but not tourist spots. "The Park Now card is a perk for local residents and for visitors who come here all the time," he said.
But, shouldn't the goal be to make all visitors frequent visitors? Would the Park Now card help that effort? Isn't that why Disney offers annual passes?
"The system is not about the money. It is about managing parking," Litzinger said. Bottom line: The city wants people to use the garage. Lowering the $1.50 rate would discourage that.
We're glad the system isn't burdening the city budget. But we share the merchants' concerns about the impact on the downtown economy and ultimately the tax base.
City Commissioner-elect Nancy Sikes-Kline, the city's Parking and Traffic Committee vice chair, says a consultant should evaluate the system now. She will ask the commission to support her suggestion after she is seated next month.
We agree with Sikes-Kline. Concerns should be evaluated as they arise and remedied as necessary. That's just good business sense.
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Letter: Obama's election could bring peace
Letter: Obama's election could bring peace
Alberto N. Jones
Palm Coast
Publication Date: 11/24/08
Editor: The election of Barack Obama to the Presidency of the United States of America, have created an unprecedented outpouring of good will, hope and expectation, that a friendlier, kinder and peaceful world may be possible.
On Jan. 21, 2009, among the many pressing issues demanding Obama's complete and undivided attention are the monstrous housing crisis, the worldwide economic meltdown, severe unemployment, energy and healthcare crisis, the Middle East conflict, the Iraq and Afghanistan wars, the simmering tensions in Iran, North Korea, Pakistan, Venezuela, Bolivia, Guantanamo Bay Cuba and much more.
The one that can be solved easily would be the immediate closure by decree of the infamous detention center in Cuba. It has senselessly and irreversibly tarnished the image of our nation through repeated allegations of to a close. In order to bring this sad episode to closure, the 105 years illegal occupation of 45 square miles of Cuban territory turned into the United States Naval Base in Guantanamo, must be negotiated by a high-ranking, bi-lateral commission, returned intact to its legal owner, address all outstanding payments and decontaminate its soil, superficial and underground waters, with tons of toxic waste originating from years of bombing and strafing practice raids.
This sprawling facility could be converted into a gigantic international research, medical and pharmaceutical tropical medicine center, the world's largest environmental research and development institute, a center for peace and human development, a huge judicial rehabilitation center, charged with restoring the broken lives of tens of thousands prisoners rotting hopelessly in jails.
To finance that, set aside the funds that are budgeted for one month of the war in Iraq, and reparations funds that may be applied against every country and business entity in the world, that benefited in any way from 500 years of slave trade and slavery.
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Alberto N. Jones
Palm Coast
Publication Date: 11/24/08
Editor: The election of Barack Obama to the Presidency of the United States of America, have created an unprecedented outpouring of good will, hope and expectation, that a friendlier, kinder and peaceful world may be possible.
On Jan. 21, 2009, among the many pressing issues demanding Obama's complete and undivided attention are the monstrous housing crisis, the worldwide economic meltdown, severe unemployment, energy and healthcare crisis, the Middle East conflict, the Iraq and Afghanistan wars, the simmering tensions in Iran, North Korea, Pakistan, Venezuela, Bolivia, Guantanamo Bay Cuba and much more.
The one that can be solved easily would be the immediate closure by decree of the infamous detention center in Cuba. It has senselessly and irreversibly tarnished the image of our nation through repeated allegations of to a close. In order to bring this sad episode to closure, the 105 years illegal occupation of 45 square miles of Cuban territory turned into the United States Naval Base in Guantanamo, must be negotiated by a high-ranking, bi-lateral commission, returned intact to its legal owner, address all outstanding payments and decontaminate its soil, superficial and underground waters, with tons of toxic waste originating from years of bombing and strafing practice raids.
This sprawling facility could be converted into a gigantic international research, medical and pharmaceutical tropical medicine center, the world's largest environmental research and development institute, a center for peace and human development, a huge judicial rehabilitation center, charged with restoring the broken lives of tens of thousands prisoners rotting hopelessly in jails.
To finance that, set aside the funds that are budgeted for one month of the war in Iraq, and reparations funds that may be applied against every country and business entity in the world, that benefited in any way from 500 years of slave trade and slavery.
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Economy could impact city's 450th
Economy could impact city's 450th
But planners hope funding for anniversary will continue at current level
By KATI BEXLEY
kati.bexley@staugustine.com
Publication Date: 11/23/08
Despite a forecasted 10 percent drop in tourism money this year, the Tourist Development Council hopes to put away $300,000 annually until 2015 for the city's 450th birthday.
The TDC also wants to spend $20,000 to hire Jeanne Zeidler as a consultant for St. Augustine's celebration. She was executive director of Virginia's Jamestown's 400th anniversary in 2007.
The TDC is anticipating in fiscal year 2009 the county will see a 10 percent drop in bed-tax revenues, a decline of $5.9 million to roughly $5.4 million, according to documents from TDC analyst Brian London.
Glenn Hastings, TDC director, said he hopes to continue to put aside $300,000 for the city's celebration each year even with the tough economy.
"We may not be able to keep giving that much because of the economy, but that's our goal," he said.
The information and proposals came out of a recent TDC meeting, where County Commission Chairwoman Cyndi Stevenson recommended Dana Ste. Claire return as Development Council chairman.
In 2007, the commission decided to make Commissioner Tom Manuel, who is now under suspension, TDC chair, and they asked Ste. Claire to step down. Manuel headed the group until Gov. Charlie Crist suspended him after he was charged with accepting $60,000 in bribes. His trial is scheduled for January.
Ste. Claire, Historic Tours of America's National Director of Museums, said he was glad to see the position given back to a member of the tourist industry.
"We were all a little concerned that someone who wasn't fully immersed in the industry (was running the TDC)," he said. "The industry representatives are the people who know it the best."
In the meeting, TDC also discussed spending $100,000 start a visitor's bureau in Ponte Vedra in preparation for the city's big celebration. It would be run by its Chamber of Commerce,
St. Augustine Mayor Joe Boles requested Ziedler be brought on, and the City Commission has already approved it. Now it will go before the St. Johns County Commission for the final go ahead.
Jamestown had a $42 million budget over 12 years as well as $100 million in infrastructure improvements, and its event garnered international attention.
Boles said having Zeidler's expertise will save the city "hundreds of thousands of dollars."
"We don't have to reinvent the wheel, and we won't make any mistakes they did," he said. "We won't waste time, and we can hit the ground running."
Zeidler would be stationed at City Hall for about a week and said she has already put together a proposed blueprint for St. Augustine's event. She also visited the city in June and met with city commissioners.
As the city's consultant, Zeidler would "gather a range of community leaders to see what they (want in the celebration)," she said.
"The most important thing is to be inclusive of all elements in your community," she said. "You have to think about what this can do for your community."
Hastings said stashing away money for the city's celebration will be similar to what the TDC did for the 2005 Super Bowl in Jacksonville.
He said tourism has been down the last couple months. The slow season will take a bite out of the TDC's usual reserve fund kept for emergencies such as hurricane season or wildfires similar to those in 1998. Hastings said he likes the fund to be between $350,000-$500,000, but this year it will likely be about $300,000.
"Clearly people are still coming to visit, but they're not spending as much," he said.
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© The St. Augustine Record
But planners hope funding for anniversary will continue at current level
By KATI BEXLEY
kati.bexley@staugustine.com
Publication Date: 11/23/08
Despite a forecasted 10 percent drop in tourism money this year, the Tourist Development Council hopes to put away $300,000 annually until 2015 for the city's 450th birthday.
The TDC also wants to spend $20,000 to hire Jeanne Zeidler as a consultant for St. Augustine's celebration. She was executive director of Virginia's Jamestown's 400th anniversary in 2007.
The TDC is anticipating in fiscal year 2009 the county will see a 10 percent drop in bed-tax revenues, a decline of $5.9 million to roughly $5.4 million, according to documents from TDC analyst Brian London.
Glenn Hastings, TDC director, said he hopes to continue to put aside $300,000 for the city's celebration each year even with the tough economy.
"We may not be able to keep giving that much because of the economy, but that's our goal," he said.
The information and proposals came out of a recent TDC meeting, where County Commission Chairwoman Cyndi Stevenson recommended Dana Ste. Claire return as Development Council chairman.
In 2007, the commission decided to make Commissioner Tom Manuel, who is now under suspension, TDC chair, and they asked Ste. Claire to step down. Manuel headed the group until Gov. Charlie Crist suspended him after he was charged with accepting $60,000 in bribes. His trial is scheduled for January.
Ste. Claire, Historic Tours of America's National Director of Museums, said he was glad to see the position given back to a member of the tourist industry.
"We were all a little concerned that someone who wasn't fully immersed in the industry (was running the TDC)," he said. "The industry representatives are the people who know it the best."
In the meeting, TDC also discussed spending $100,000 start a visitor's bureau in Ponte Vedra in preparation for the city's big celebration. It would be run by its Chamber of Commerce,
St. Augustine Mayor Joe Boles requested Ziedler be brought on, and the City Commission has already approved it. Now it will go before the St. Johns County Commission for the final go ahead.
Jamestown had a $42 million budget over 12 years as well as $100 million in infrastructure improvements, and its event garnered international attention.
Boles said having Zeidler's expertise will save the city "hundreds of thousands of dollars."
"We don't have to reinvent the wheel, and we won't make any mistakes they did," he said. "We won't waste time, and we can hit the ground running."
Zeidler would be stationed at City Hall for about a week and said she has already put together a proposed blueprint for St. Augustine's event. She also visited the city in June and met with city commissioners.
As the city's consultant, Zeidler would "gather a range of community leaders to see what they (want in the celebration)," she said.
"The most important thing is to be inclusive of all elements in your community," she said. "You have to think about what this can do for your community."
Hastings said stashing away money for the city's celebration will be similar to what the TDC did for the 2005 Super Bowl in Jacksonville.
He said tourism has been down the last couple months. The slow season will take a bite out of the TDC's usual reserve fund kept for emergencies such as hurricane season or wildfires similar to those in 1998. Hastings said he likes the fund to be between $350,000-$500,000, but this year it will likely be about $300,000.
"Clearly people are still coming to visit, but they're not spending as much," he said.
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Guess the job of County Commissioner isn't part-time after all
Newly-elected County Commissioner MARK MINER has resigned his patronage job with CSX, which CongressmAN JOHN LUIGI MICA and former Commissioner KAREN STERN helped him get. MINER, on the campaign trail, confessed his misimpression that the job of County Commissioner was part-time, and that he could work on his undergraduate degree and work for CSX and work for St. Johns County at the time.
Reckon he was wrong? At least he's admitted it, sub silentio.
Reckon he was wrong? At least he's admitted it, sub silentio.
Newly-elected Republican County Commissioner Mark Miner resigns from CSX
Mark Miner resigns from CSX
From Staff
Publication Date: 11/20/08
Newly elected St. Johns County Commissioner Mark Miner resigned from his job at CSX Railway to dedicate more time to his new position.
Miner, 25, gave his resignation a month ago and it went into effect Monday, he said.
He left the job because he "didn't want any distractions," he said.
"I just wanted to be able to focus completely on the people of St. Johns County," he said.
Miner beat out Commissioner Ben Rich and to win the District 3 seat.
He was sworn in to the new position along with Ken Bryan, who is serving his first term, and Cyndi Stevenson, who is serving her second term.
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From Staff
Publication Date: 11/20/08
Newly elected St. Johns County Commissioner Mark Miner resigned from his job at CSX Railway to dedicate more time to his new position.
Miner, 25, gave his resignation a month ago and it went into effect Monday, he said.
He left the job because he "didn't want any distractions," he said.
"I just wanted to be able to focus completely on the people of St. Johns County," he said.
Miner beat out Commissioner Ben Rich and to win the District 3 seat.
He was sworn in to the new position along with Ken Bryan, who is serving his first term, and Cyndi Stevenson, who is serving her second term.
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Friday, November 21, 2008
USDOJ Press Release: Corrupt Republican Missouri U.S. Senator's Staffer Pleads Guilty
FOR IMMEDIATE RELEASE
THURSDAY, NOVEMBER 20, 2008 (202) 514-2007 TDD (202) 514-1888
FORMER CONGRESSIONAL LEGISLATIVE ASSISTANT PLEADS GUILTY TO FAILING TO REPORT THOUSANDS OF DOLLARS
IN ILLEGAL GIFTS FROM LOBBYISTS
WASHINGTON – Trevor L. Blackann, 34, a former legislative assistant in the U.S. Senate, pleaded guilty today to making a false statement on his 2003 tax returns by failing to report as income thousands of dollars in illegal gifts that he received from lobbyists, Acting Assistant Attorney General Matthew Friedrich of the Criminal Division announced. Blackann pleaded guilty before U.S. District Judge Richard W. Roberts in the District of Columbia.
According to court documents, Blackann was employed throughout 2003 as a legislative assistant for a member of the U.S. Senate. Blackann was responsible for advising and counseling the Senator on matters of legislative interest and representing the Senator in communications with other congressional offices and staff, officials in the executive branch and members of the public.
During his plea, Blackann admitted that he received things of value worth thousands of dollars from three lobbyists in 2003, including a free trip to attend the first game of the 2003 baseball World Series. According to court documents, the World Series trip included airline travel to and from New York City, transportation around New York City in a chauffeured sport utility vehicle, a ticket to game one of the World Series, a souvenir baseball jersey, admission to and entertainment at a gentlemen’s club following the game, and free meals and drinks.
In his plea, Blackann admitted knowing that the World Series trip and other tickets, meals and drinks provided by the lobbyists were given to him for, or because of, official action the lobbyists were seeking from Blackann. Blackann also admitted understanding that he had a duty to report the value of things he received from lobbyists as income on his 2003 U.S. income tax return.
The case is part of the ongoing investigation into the lobbying activities of former lobbyist Jack Abramoff and his associates. Fifteen individuals, including lobbyists and public officials, have pleaded guilty or are awaiting trial as a result of the investigation, including Abramoff who was sentenced in September 2008 to 48 months in prison.
This case is being prosecuted by trial attorneys M. Kendall Day and Peter C. Sprung of the Public Integrity Section, headed by Section Chief William M. Welch II. The investigation is being conducted by the FBI, with assistance from Internal Revenue Service Criminal Investigation.
THURSDAY, NOVEMBER 20, 2008 (202) 514-2007 TDD (202) 514-1888
FORMER CONGRESSIONAL LEGISLATIVE ASSISTANT PLEADS GUILTY TO FAILING TO REPORT THOUSANDS OF DOLLARS
IN ILLEGAL GIFTS FROM LOBBYISTS
WASHINGTON – Trevor L. Blackann, 34, a former legislative assistant in the U.S. Senate, pleaded guilty today to making a false statement on his 2003 tax returns by failing to report as income thousands of dollars in illegal gifts that he received from lobbyists, Acting Assistant Attorney General Matthew Friedrich of the Criminal Division announced. Blackann pleaded guilty before U.S. District Judge Richard W. Roberts in the District of Columbia.
According to court documents, Blackann was employed throughout 2003 as a legislative assistant for a member of the U.S. Senate. Blackann was responsible for advising and counseling the Senator on matters of legislative interest and representing the Senator in communications with other congressional offices and staff, officials in the executive branch and members of the public.
During his plea, Blackann admitted that he received things of value worth thousands of dollars from three lobbyists in 2003, including a free trip to attend the first game of the 2003 baseball World Series. According to court documents, the World Series trip included airline travel to and from New York City, transportation around New York City in a chauffeured sport utility vehicle, a ticket to game one of the World Series, a souvenir baseball jersey, admission to and entertainment at a gentlemen’s club following the game, and free meals and drinks.
In his plea, Blackann admitted knowing that the World Series trip and other tickets, meals and drinks provided by the lobbyists were given to him for, or because of, official action the lobbyists were seeking from Blackann. Blackann also admitted understanding that he had a duty to report the value of things he received from lobbyists as income on his 2003 U.S. income tax return.
The case is part of the ongoing investigation into the lobbying activities of former lobbyist Jack Abramoff and his associates. Fifteen individuals, including lobbyists and public officials, have pleaded guilty or are awaiting trial as a result of the investigation, including Abramoff who was sentenced in September 2008 to 48 months in prison.
This case is being prosecuted by trial attorneys M. Kendall Day and Peter C. Sprung of the Public Integrity Section, headed by Section Chief William M. Welch II. The investigation is being conducted by the FBI, with assistance from Internal Revenue Service Criminal Investigation.
Wednesday, November 19, 2008
DOJ PRESS RELEASE: FORMER N.J. STATE SENATOR BRYANT CONVICTED OF PAYROLL PADDING CONSPIRACY
NEWS
United States Department of Justice
U.S. Attorney, District of New Jersey
402 East State Street, Room 430
Trenton, New Jersey 08608
Christopher J. Christie, U.S. Attorney
More Information? Call the Assistant U.S. Attorney or other contact listed below to see if more information is available.
News on the Internet: News Releases and related documents are posted at our website. Go to: http://www.usdoj.gov/usao/nj/press/index.html
Contact:
J. Gregory Reinert, PAO
856-757-5233
brya1118.rel
FOR IMMEDIATE RELEASE
Nov. 18, 2008
Former State Senator Wayne Bryant Guilty of all Counts for
Schemes to Obtain a Corrupt Low-show Job at UMDNJ and
Fraudulently Pad State Pension
– Former Dean of Medical School Also Convicted –
(More)
Public Affairs Office
J. Gregory Reinert
973-645-2888
865-757-5233
http://www.usdoj.gov/usao/nj/press/index.html
TRENTON – A jury today convicted former New Jersey State Sen. Wayne R. Bryant on all corruption charges against him for unlawfully using his power and influence to obtain a paid, low-show job at UMDNJ’s School of Osteopathic Medicine in exchange for lobbying and bringing millions of dollars in extra funding to the school, and using that job and others to fraudulently nearly triple his state pension, U.S. Attorney Christopher J. Christie announced.
The former dean at the School of Osteopathic Medicine (SOM) in Stratford, R. Michael Gallagher, 59, of Haddonfield, was also found guilty of capitalized on Bryant’s influence to become dean and, in turn, rigged the hiring process to create a job for Bryant at SOM that appeared to be a legitimate, bona fide position.
Bryant was convicted on Counts One through Count Six with mail and wire fraud for their alleged scheme to defraud the public of Bryant’s honest services by use of the mails and wires. Gallagher was also convicted of Count One through Count Three and Counts Five and Six; the defendant was found not guilty of Count Four. Bryant was convicted of Count Seven with corrupt solicitation and acceptance (from Gallagher) of a bribe (the SOM job) involving an organization receiving federal funds. Gallagher, in turn, was convicted of Count Eight with corruptly offering a bribe (to Bryant) involving an organization receiving federal funds.
Bryant alone was convicted of Count Nine through Count 13 with mail fraud for his alleged scheme to defraud the New Jersey Division of Pensions and Benefits of money and property by use of the mails
“Today one of New Jersey’s once most powerful politicians has been convicted of twelve felony charges for placing his own personal greed ahead of the interests of the good people of the State of New Jersey,” Christie said. “Once again elected and non-elected officials are put on notice, no officeholder or public employee will be permitted to turn public service into self-service in violation of the law.”
There are a number of fact-dependent determinations that will be made at sentencing. However, under certain scenarios, the defendants would be facing an advisory U.S. Sentencing Guidelines sentence of over 15 years. The Sentencing Guidelines, however, are advisory only, and U.S. District Judge Freda L. Wolfson will have discretion in imposing sentence within or outside of that range. Parole has been abolished in the federal system. Defendants who are given custodial terms must serve nearly all that time.
The jury began deliberating at approximately 1:00 p.m. on Friday, Nov. 14 and returned a verdict at 1:00 p.m. Judge Wolfson, who presided over the nearly 11-week trial, scheduled sentencing for both defendants on March 20, 2009.
The case was tried by First Assistant U.S. Attorney Ralph J. Marra, Jr., and Assistant U.S. Attorneys Joshua Drew and Adam S. Lurie.
In convicting Bryant and Gallagher, the jury found that the job at SOM amounted to a bribe from Gallagher, which was solicited by Bryant. The jury heard that Gallagher was elevated from Vice Dean to Interim Dean and finally, in November 2002, to permanent Dean at SOM with Bryant’s help, which included arranging meetings between Gallagher and state legislators and drafting a letter to the Governor supporting Gallagher. The jury found that in March 2003, Gallagher in turn put Bryant on the SOM payroll and in doing so committing fraudulent acts and acts of concealment.
The jury also found that from his position at SOM, Bryant used his power and influence as Senator and Chairman of the Senate Budget and Appropriations Committee to directly lobby state agencies, high-level officials (including the state Treasurer), legislators and their staffs and personally directed changes in the state budget to bring millions of dollars in extra funding to SOM. All the while, Bryant failed to reveal that he was simultaneously on the payroll at SOM, receiving a high salary of $40,841 in 2004, and, in fact, used various means to conceal his purported role at SOM.
The jury also found that beginning in July 2002 Bryant engaged in the pension-padding scheme by taking on public positions for which he did no meaningful work. During the trial, the jury viewed evidence and heard testimony which showed that Bryant took salaries from UMDNJ’s School of Osteopathic Medicine (SOM), the Gloucester County Board of Social Services and Rutgers University Camden and its law school, even as he did little to no meaningful work in return for those government salaries and other benefits.
Bryant was individually and specifically hired by the Gloucester County Board of Social Services (GCBSS) to perform legal services. Instead, he dispatched employees of his private law firm to provide those legal services; yet he personally received a salary and accrued retirement benefits. From mid-2002 through about August 2006, Bryant worked a total of about 14.8 hours for GCBSS, yet received approximately $200,000 of pensionable income. Throughout the period Bryant submitted false and fraudulent signed attorney time sheets which declared that he personally had done the work.
At SOM, Gallagher caused personnel records to indicate that Bryant worked the equivalent of three full days a week in order to make Bryant eligible for pension credits on his SOM salary. In fact, according to testimony, Bryant showed up only for about half a day once a week, did no meaningful work, and instead spent much of the time reading the newspaper. As a result of those frauds, Bryant’s anticipated annual pension from government positions went from about $28,000 in 2002 to about $81,268 in 2006.
Gallagher remains under indictment on another set of charges for his alleged scheme to created phony “profits” on financial statements for SOM’s University Headache Center, where Gallagher also served as chairman. Those “profits” resulted in additional annual bonuses to Gallagher – determined by Gallagher himself as chairman of the Headache Center – of between $15,000 and $20,000 in each of 2002, 2003 and 2004. With salary and bonuses, Gallagher had compensation that ranged from between $345,000 to $402,000 from 2003 to 2005. Judge Wolfson, in motions decided before the trial of Bryant and Gallagher, severed that set of charges from the government’s original Indictment, necessitating two trials for Gallagher and one for Bryant. Christie said he will consult within the office and with federal investigative agencies before deciding how to proceed on those charges.
Christie credited Special Agents of the FBI, under the direction of Special Agent in Charge Weysan Dun, with the investigation leading to today’s conviction.
-end-
Defense Attorneys: Bryant: Carl D. Poplar, Esq, Cherry Hill, and Lisa Matheuson, Esq., Philadelphia Gallagher: Jeremy Frey, Esq., Philadelphia, and Ralph Jacobs, Esq., Philadelphia
United States Department of Justice
U.S. Attorney, District of New Jersey
402 East State Street, Room 430
Trenton, New Jersey 08608
Christopher J. Christie, U.S. Attorney
More Information? Call the Assistant U.S. Attorney or other contact listed below to see if more information is available.
News on the Internet: News Releases and related documents are posted at our website. Go to: http://www.usdoj.gov/usao/nj/press/index.html
Contact:
J. Gregory Reinert, PAO
856-757-5233
brya1118.rel
FOR IMMEDIATE RELEASE
Nov. 18, 2008
Former State Senator Wayne Bryant Guilty of all Counts for
Schemes to Obtain a Corrupt Low-show Job at UMDNJ and
Fraudulently Pad State Pension
– Former Dean of Medical School Also Convicted –
(More)
Public Affairs Office
J. Gregory Reinert
973-645-2888
865-757-5233
http://www.usdoj.gov/usao/nj/press/index.html
TRENTON – A jury today convicted former New Jersey State Sen. Wayne R. Bryant on all corruption charges against him for unlawfully using his power and influence to obtain a paid, low-show job at UMDNJ’s School of Osteopathic Medicine in exchange for lobbying and bringing millions of dollars in extra funding to the school, and using that job and others to fraudulently nearly triple his state pension, U.S. Attorney Christopher J. Christie announced.
The former dean at the School of Osteopathic Medicine (SOM) in Stratford, R. Michael Gallagher, 59, of Haddonfield, was also found guilty of capitalized on Bryant’s influence to become dean and, in turn, rigged the hiring process to create a job for Bryant at SOM that appeared to be a legitimate, bona fide position.
Bryant was convicted on Counts One through Count Six with mail and wire fraud for their alleged scheme to defraud the public of Bryant’s honest services by use of the mails and wires. Gallagher was also convicted of Count One through Count Three and Counts Five and Six; the defendant was found not guilty of Count Four. Bryant was convicted of Count Seven with corrupt solicitation and acceptance (from Gallagher) of a bribe (the SOM job) involving an organization receiving federal funds. Gallagher, in turn, was convicted of Count Eight with corruptly offering a bribe (to Bryant) involving an organization receiving federal funds.
Bryant alone was convicted of Count Nine through Count 13 with mail fraud for his alleged scheme to defraud the New Jersey Division of Pensions and Benefits of money and property by use of the mails
“Today one of New Jersey’s once most powerful politicians has been convicted of twelve felony charges for placing his own personal greed ahead of the interests of the good people of the State of New Jersey,” Christie said. “Once again elected and non-elected officials are put on notice, no officeholder or public employee will be permitted to turn public service into self-service in violation of the law.”
There are a number of fact-dependent determinations that will be made at sentencing. However, under certain scenarios, the defendants would be facing an advisory U.S. Sentencing Guidelines sentence of over 15 years. The Sentencing Guidelines, however, are advisory only, and U.S. District Judge Freda L. Wolfson will have discretion in imposing sentence within or outside of that range. Parole has been abolished in the federal system. Defendants who are given custodial terms must serve nearly all that time.
The jury began deliberating at approximately 1:00 p.m. on Friday, Nov. 14 and returned a verdict at 1:00 p.m. Judge Wolfson, who presided over the nearly 11-week trial, scheduled sentencing for both defendants on March 20, 2009.
The case was tried by First Assistant U.S. Attorney Ralph J. Marra, Jr., and Assistant U.S. Attorneys Joshua Drew and Adam S. Lurie.
In convicting Bryant and Gallagher, the jury found that the job at SOM amounted to a bribe from Gallagher, which was solicited by Bryant. The jury heard that Gallagher was elevated from Vice Dean to Interim Dean and finally, in November 2002, to permanent Dean at SOM with Bryant’s help, which included arranging meetings between Gallagher and state legislators and drafting a letter to the Governor supporting Gallagher. The jury found that in March 2003, Gallagher in turn put Bryant on the SOM payroll and in doing so committing fraudulent acts and acts of concealment.
The jury also found that from his position at SOM, Bryant used his power and influence as Senator and Chairman of the Senate Budget and Appropriations Committee to directly lobby state agencies, high-level officials (including the state Treasurer), legislators and their staffs and personally directed changes in the state budget to bring millions of dollars in extra funding to SOM. All the while, Bryant failed to reveal that he was simultaneously on the payroll at SOM, receiving a high salary of $40,841 in 2004, and, in fact, used various means to conceal his purported role at SOM.
The jury also found that beginning in July 2002 Bryant engaged in the pension-padding scheme by taking on public positions for which he did no meaningful work. During the trial, the jury viewed evidence and heard testimony which showed that Bryant took salaries from UMDNJ’s School of Osteopathic Medicine (SOM), the Gloucester County Board of Social Services and Rutgers University Camden and its law school, even as he did little to no meaningful work in return for those government salaries and other benefits.
Bryant was individually and specifically hired by the Gloucester County Board of Social Services (GCBSS) to perform legal services. Instead, he dispatched employees of his private law firm to provide those legal services; yet he personally received a salary and accrued retirement benefits. From mid-2002 through about August 2006, Bryant worked a total of about 14.8 hours for GCBSS, yet received approximately $200,000 of pensionable income. Throughout the period Bryant submitted false and fraudulent signed attorney time sheets which declared that he personally had done the work.
At SOM, Gallagher caused personnel records to indicate that Bryant worked the equivalent of three full days a week in order to make Bryant eligible for pension credits on his SOM salary. In fact, according to testimony, Bryant showed up only for about half a day once a week, did no meaningful work, and instead spent much of the time reading the newspaper. As a result of those frauds, Bryant’s anticipated annual pension from government positions went from about $28,000 in 2002 to about $81,268 in 2006.
Gallagher remains under indictment on another set of charges for his alleged scheme to created phony “profits” on financial statements for SOM’s University Headache Center, where Gallagher also served as chairman. Those “profits” resulted in additional annual bonuses to Gallagher – determined by Gallagher himself as chairman of the Headache Center – of between $15,000 and $20,000 in each of 2002, 2003 and 2004. With salary and bonuses, Gallagher had compensation that ranged from between $345,000 to $402,000 from 2003 to 2005. Judge Wolfson, in motions decided before the trial of Bryant and Gallagher, severed that set of charges from the government’s original Indictment, necessitating two trials for Gallagher and one for Bryant. Christie said he will consult within the office and with federal investigative agencies before deciding how to proceed on those charges.
Christie credited Special Agents of the FBI, under the direction of Special Agent in Charge Weysan Dun, with the investigation leading to today’s conviction.
-end-
Defense Attorneys: Bryant: Carl D. Poplar, Esq, Cherry Hill, and Lisa Matheuson, Esq., Philadelphia Gallagher: Jeremy Frey, Esq., Philadelphia, and Ralph Jacobs, Esq., Philadelphia
County voters rejected charter that excluded Gays and Lesbians from anti-discrimination provision, Section 10.06
Twice this year, St. Johns County voters wiesely rejected a proposed County Charter with an anti-discrimination provision that excluded Gays and Lesbians from any protection.
Despite reasoned and documented requests to add six pages of strengthening amendments -- including an Inspector General and Ombuds and anti-discrimination protection for Gays, Lesbians and employee whistleblowers --- St. Johns County Commissioners sent voters a "starter charter" unworthy of adoption.
No vote was even held on the strengthening amendments, though then-Chair THOMAS G. MANUEL said, "you have extra time," allowing me to explain them, at least.
MANUEL stands indicted for accepting $60,000 in bribes in transactions that were tape-recorded by the Department of Justice.
We rejected it twice in 2008 -- once in the August 26, 2008 Primary and again on the November 4, 2008 General Election.
Now's the time to work for a real Charter that doesn't discriminate.
Despite reasoned and documented requests to add six pages of strengthening amendments -- including an Inspector General and Ombuds and anti-discrimination protection for Gays, Lesbians and employee whistleblowers --- St. Johns County Commissioners sent voters a "starter charter" unworthy of adoption.
No vote was even held on the strengthening amendments, though then-Chair THOMAS G. MANUEL said, "you have extra time," allowing me to explain them, at least.
MANUEL stands indicted for accepting $60,000 in bribes in transactions that were tape-recorded by the Department of Justice.
We rejected it twice in 2008 -- once in the August 26, 2008 Primary and again on the November 4, 2008 General Election.
Now's the time to work for a real Charter that doesn't discriminate.
FBI: Hate crime down in 2007 but anti-gay crime up
FBI: Hate crime down in 2007 but anti-gay crime up
By MATT APUZZO – Oct 27, 2008
WASHINGTON (AP) — Hate crimes incidents decreased slightly last year despite a surge in those targeting gays and lesbians.
The FBI reported more than 7,600 hate crimes incidents in 2007, down about 1 percent from the previous year. The decline was driven by decreases in the two largest categories of hate crimes — crimes against race and religion.
But incidents linked to prejudice against sexual orientation, the third-largest category, increased about 6 percent, the report found.
The FBI report does not compare its data from one year to the next because the number of law enforcement agencies participating in the annual count varies from year to year. More agencies contributed to the 2007 report than the 2006 report, however.
The report released Monday is consistent with previous years. Racial bias remained the most common motive, accounting for more than half of all reported hate crimes. Blacks, Jews and gays were the most frequent victims of hate crimes, the report found.
The FBI report is purely statistical and does not assign a cause for the slight overall decrease or increase in anti-gay hate crimes.
More than a third of all hate crimes were categorized as vandalism or property destruction. Intimidation was the second-most common hate crime, followed by simple assault.
The report was based on data drawn from 13,241 law enforcement agencies nationwide, covering about 85 percent of the nation's population. By comparison, the broader crime report the FBI puts out every year draws data from about 17,000 law enforcement agencies.
By MATT APUZZO – Oct 27, 2008
WASHINGTON (AP) — Hate crimes incidents decreased slightly last year despite a surge in those targeting gays and lesbians.
The FBI reported more than 7,600 hate crimes incidents in 2007, down about 1 percent from the previous year. The decline was driven by decreases in the two largest categories of hate crimes — crimes against race and religion.
But incidents linked to prejudice against sexual orientation, the third-largest category, increased about 6 percent, the report found.
The FBI report does not compare its data from one year to the next because the number of law enforcement agencies participating in the annual count varies from year to year. More agencies contributed to the 2007 report than the 2006 report, however.
The report released Monday is consistent with previous years. Racial bias remained the most common motive, accounting for more than half of all reported hate crimes. Blacks, Jews and gays were the most frequent victims of hate crimes, the report found.
The FBI report is purely statistical and does not assign a cause for the slight overall decrease or increase in anti-gay hate crimes.
More than a third of all hate crimes were categorized as vandalism or property destruction. Intimidation was the second-most common hate crime, followed by simple assault.
The report was based on data drawn from 13,241 law enforcement agencies nationwide, covering about 85 percent of the nation's population. By comparison, the broader crime report the FBI puts out every year draws data from about 17,000 law enforcement agencies.
Tuesday, November 18, 2008
An Interesting Idea -- Have A Government Buy the Conch House
Jay Bliss, member of the St. Augustine Port and Waterway Commission, suggested today that the county government might buy the Conch House Marina property.
I have a better idea -- if the National Park Service bought it, this would promote preseration of what is now Anastasia State Park as part of the St. Augustine National Historical Park, National Seashore and National Scenic Coastal Highway.
I have a better idea -- if the National Park Service bought it, this would promote preseration of what is now Anastasia State Park as part of the St. Augustine National Historical Park, National Seashore and National Scenic Coastal Highway.
Conch House's case to be continued -- Judge seeks more time to consider bankruptcy case
Conch House's case to be continued -- Judge seeks more time to consider bankruptcy case
By KATI BEXLEY
kati.bexley@staugustine.com
Publication Date: 11/18/08
JACKSONVILLE -- The Conch House's case in bankruptcy court in Jacksonville Monday was continued to Dec. 1 with no decision being made.
Little time was spent on the case Monday, and Federal Judge Jerry Funk requested to move the case to a day when he had more time to consider the arguments.
Intervest National Bank of New York is requesting the Conch House case be converted from Chapter 11 bankruptcy to Chapter 7, which would allow the bank to lock the place up and sell off the assets.
John MacDonald, of Akerman Senterfitt in Jacksonville, representing Intervest, said Conch House owners owe hundreds of thousands in property taxes from 2007 and 2008. This shows the company is in poor health, he said.
"(They cannot) demonstrate failure to pay taxes is justifiable and can be cured," MacDonald said. "That's the hurdle."
But Conch House attorney Jason Burnett said they aren't shaken by the case, and they feel strongly they will show the judge that's not true.
"If that's their only issue with resolving the case, we feel very good with our position," said Burnett, of Gray Robinson in Jacksonville.
The case was heard in the U.S. Bankruptcy Court for the Middle District of Florida.
Conch House attorney Robert Altman, of Palatka, gave a short rebuttal to MacDonald on Monday, saying the business filed for bankruptcy after the 2007 property tax debt was incurred. Conch House owners still have time to pay the 2008 taxes and plan to do so, he said.
Burnett said debt from before a bankruptcy is treated differently. The debtor has an extended period of time to pay it.
"It has to be paid, and we will pay it, but you're given a break," Burnett said. "... You don't have to (pay it) in a lump sum."
Intervest says the Conch House must pay the 2007 taxes now because the owners filed for bankruptcy before the taxes were assessed, MacDonald said.
Both Altman and Burnett said they were "expecting a lot more" from Intervest than just an issue over taxes.
The Conch House will go before a judge in early January to present its plan to reorganize and come out of bankruptcy.
Altman said he doesn't "anticipate" the judge will shut down the Conch House with this case in December before its January hearing.
Conch House owners filed for bankruptcy after their deal with investors they sold the company to fell through. Conch House attorneys believe the bank wants the current owners gone because they're countersuing Intervest.
They say the bank gave Thomas Coghill, an investor who bought the Conch House, a $17 million loan while he was awaiting trial for fraud.
Intervest claims it had no knowledge of his criminal background, according to court documents.
The Ponce family claims that the investors negotiated the $17 million loan to buy the property and covered the rest of the $27 million price tag by allowing the Ponces to be a part of the investor group. The idea was that the Ponces would eventually be bought out of the deal.
Instead, the $17 million loan was closed without the family's knowledge, according to the countersuit.
Click here to return to story:
http://staugustine.com/stories/111808/news_111808_003.shtml
© The St. Augustine Record
By KATI BEXLEY
kati.bexley@staugustine.com
Publication Date: 11/18/08
JACKSONVILLE -- The Conch House's case in bankruptcy court in Jacksonville Monday was continued to Dec. 1 with no decision being made.
Little time was spent on the case Monday, and Federal Judge Jerry Funk requested to move the case to a day when he had more time to consider the arguments.
Intervest National Bank of New York is requesting the Conch House case be converted from Chapter 11 bankruptcy to Chapter 7, which would allow the bank to lock the place up and sell off the assets.
John MacDonald, of Akerman Senterfitt in Jacksonville, representing Intervest, said Conch House owners owe hundreds of thousands in property taxes from 2007 and 2008. This shows the company is in poor health, he said.
"(They cannot) demonstrate failure to pay taxes is justifiable and can be cured," MacDonald said. "That's the hurdle."
But Conch House attorney Jason Burnett said they aren't shaken by the case, and they feel strongly they will show the judge that's not true.
"If that's their only issue with resolving the case, we feel very good with our position," said Burnett, of Gray Robinson in Jacksonville.
The case was heard in the U.S. Bankruptcy Court for the Middle District of Florida.
Conch House attorney Robert Altman, of Palatka, gave a short rebuttal to MacDonald on Monday, saying the business filed for bankruptcy after the 2007 property tax debt was incurred. Conch House owners still have time to pay the 2008 taxes and plan to do so, he said.
Burnett said debt from before a bankruptcy is treated differently. The debtor has an extended period of time to pay it.
"It has to be paid, and we will pay it, but you're given a break," Burnett said. "... You don't have to (pay it) in a lump sum."
Intervest says the Conch House must pay the 2007 taxes now because the owners filed for bankruptcy before the taxes were assessed, MacDonald said.
Both Altman and Burnett said they were "expecting a lot more" from Intervest than just an issue over taxes.
The Conch House will go before a judge in early January to present its plan to reorganize and come out of bankruptcy.
Altman said he doesn't "anticipate" the judge will shut down the Conch House with this case in December before its January hearing.
Conch House owners filed for bankruptcy after their deal with investors they sold the company to fell through. Conch House attorneys believe the bank wants the current owners gone because they're countersuing Intervest.
They say the bank gave Thomas Coghill, an investor who bought the Conch House, a $17 million loan while he was awaiting trial for fraud.
Intervest claims it had no knowledge of his criminal background, according to court documents.
The Ponce family claims that the investors negotiated the $17 million loan to buy the property and covered the rest of the $27 million price tag by allowing the Ponces to be a part of the investor group. The idea was that the Ponces would eventually be bought out of the deal.
Instead, the $17 million loan was closed without the family's knowledge, according to the countersuit.
Click here to return to story:
http://staugustine.com/stories/111808/news_111808_003.shtml
© The St. Augustine Record
Bridge of Lions Not Closed This Morning
A St. Augustine Police Department dispatcher confirms that this morning that there is NO temporary closing at the temporary Bridge of Lions scheduled this morning.
She tells me the bridge tender confirms that the temporary closing of the temporary bridge begins at 7 PM.
A headline and story by "staff" in this morning's St. Augustine Record falsely claims "Bridge closed till Wednesday," stating the bridge closes at 7 AM "for 11 hours" until 6 AM tomorrow.
Not even the math makes sense.
Think of all the people who might read the Record this morning and take the long way into town, consuming mass quantities of gasoline because the Record doesn't check facts. That should teach them to be more skeptical of the local newspaper, which did not run a front page headline when Barack Obama was elected President, but ran a front page article this morning about Jacksonville getting a nuclear carrier (five years from now).
This is the same very Republican-leaning newspaper that ran no article when Faye Armitage won the August 26, 2008 Democratic Primary to succeed controversial Congressman JOHN LUIGI MICA (with 72% of the vote); gave excessive coverage and inflated crowd estimates to homophobic anti-abortion terrorist Randall Terry; writes shallow endorsements of candidates without understanding the issues; refused to cover local political scandals until there are actual arrests; favors City Manager WILLIAM B. HARRISS with undeserved positive publicity even after he deposited 40,000 cubic yards of solid waste in our Old City Reservoir; and too often runs press releases without attribution.
The Record famously had a front page headline in 1995 lauding its "100 years of pubic service" with a front page headline. NBC Tonight Show host comedian Jay Leno made the Record famous for its "100 years of pubic service" headline.
The Oak Ridger newspaper (also owned by Morris Communications) had in its newsroom an acrylic painting with the words "Accuracy Accuracy Accuracy." .
Perhaps the Record might wish to start with a clock and a calendar in its newsroom, and some instructions on fact-checking to Mr. or Ms. "Staff."
Any paper that reports erroneous bridge closings and fails to front-page the election of the first African-American President is in need of reform. The reporters' morale is in the dumpster and the standards are out the window.
However, there is one saving grace. As my friend Jim Dykes, the East Tennessee columnist once said of a Knoxville Chain Gang Journalism outlet where he worked, "no matter what you say about it, it's still a newspaper."
She tells me the bridge tender confirms that the temporary closing of the temporary bridge begins at 7 PM.
A headline and story by "staff" in this morning's St. Augustine Record falsely claims "Bridge closed till Wednesday," stating the bridge closes at 7 AM "for 11 hours" until 6 AM tomorrow.
Not even the math makes sense.
Think of all the people who might read the Record this morning and take the long way into town, consuming mass quantities of gasoline because the Record doesn't check facts. That should teach them to be more skeptical of the local newspaper, which did not run a front page headline when Barack Obama was elected President, but ran a front page article this morning about Jacksonville getting a nuclear carrier (five years from now).
This is the same very Republican-leaning newspaper that ran no article when Faye Armitage won the August 26, 2008 Democratic Primary to succeed controversial Congressman JOHN LUIGI MICA (with 72% of the vote); gave excessive coverage and inflated crowd estimates to homophobic anti-abortion terrorist Randall Terry; writes shallow endorsements of candidates without understanding the issues; refused to cover local political scandals until there are actual arrests; favors City Manager WILLIAM B. HARRISS with undeserved positive publicity even after he deposited 40,000 cubic yards of solid waste in our Old City Reservoir; and too often runs press releases without attribution.
The Record famously had a front page headline in 1995 lauding its "100 years of pubic service" with a front page headline. NBC Tonight Show host comedian Jay Leno made the Record famous for its "100 years of pubic service" headline.
The Oak Ridger newspaper (also owned by Morris Communications) had in its newsroom an acrylic painting with the words "Accuracy Accuracy Accuracy." .
Perhaps the Record might wish to start with a clock and a calendar in its newsroom, and some instructions on fact-checking to Mr. or Ms. "Staff."
Any paper that reports erroneous bridge closings and fails to front-page the election of the first African-American President is in need of reform. The reporters' morale is in the dumpster and the standards are out the window.
However, there is one saving grace. As my friend Jim Dykes, the East Tennessee columnist once said of a Knoxville Chain Gang Journalism outlet where he worked, "no matter what you say about it, it's still a newspaper."
Monday, November 17, 2008
NY TIMES MAGAZINE (November 16, 2008): Letters -- HOUSE DIVIDED
November 16, 2008
Letters
House Divided
Matt Bai’s joke that Presidents Jimmy Carter and Bill Clinton hadn’t spent enough time in Washington to “take the subway without a map” (The Way We Live Now, Nov. 2) is historically off. The first small segment of the subway did not open until 1976 (the year Jimmy Carter was elected), serving only a few stops between Union Station and DuPont Circle. While the subway was still a dream, Bill Clinton was a young Washington insider as an undergraduate at Georgetown University’s School of Foreign Service (also my alma mater), where he worked for Senator J. William Fulbright, chairman of the Senate Foreign Relations Committee during the days of the Vietnam War hearings.
ED SLAVIN
St. Augustine, Fla.
Letters
House Divided
Matt Bai’s joke that Presidents Jimmy Carter and Bill Clinton hadn’t spent enough time in Washington to “take the subway without a map” (The Way We Live Now, Nov. 2) is historically off. The first small segment of the subway did not open until 1976 (the year Jimmy Carter was elected), serving only a few stops between Union Station and DuPont Circle. While the subway was still a dream, Bill Clinton was a young Washington insider as an undergraduate at Georgetown University’s School of Foreign Service (also my alma mater), where he worked for Senator J. William Fulbright, chairman of the Senate Foreign Relations Committee during the days of the Vietnam War hearings.
ED SLAVIN
St. Augustine, Fla.
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