Desuetude--Law Nonenforcement--Hurts People

Tuesday, May 02, 2006

City of St. Augustine, Florida Rejects State Attorney General's Offer of Mediation on Public Records Access- Dear Ms. Gleason:
Mr. Wilson does not have the real or apparent authority to reject mediation in a matter never discussed by Commissioners. By copy of this E-mail, I hereby request that he place this matter on the next City Commission meeting. Mr. Wilson is not empowered to refuse mediation, sua sponte, without a vote.
How can we contact the records custodians when COSA won't even name the 13 offices who have the records on purchasing?
How can COSA refuse to discuss the City's obstructionism with the State Attorney General's office?
As JFK said, "let us never negotiate out of fear, but let us never fear to negotiate."
Mr. JAMES PATRICK WILSON and City Manager WILLIAM B. HARRIS both "fear to negotiate" because they know they're wrong and can't stand scrutiny.
Their actions are a case of res ipsa loquitur.
The State Attorney General is hereby placed on inquiry notice as to what it is that Mr. HARRISS, MR. WILSON and COSA might be hiding.
I look forward to finally talking to you, instead of all of this typing.
With kindest regards,Ed Slavin
Box 3084
St. Augustine, FL 32085

In a message dated 5/2/2006 10:13:00 AM Eastern Standard Time, writes:
Dear Pat:The city is opposed to any mediation with Slavin regarding the attached request. First, there is no legal requirement that the city post the information he refers to on its website. The public is free to examine any of the documents relating to the agenda any time during normal working hours and such information is available for copying at those times. The fact that larger public agencies have the resources to exceed the legal requirements is not legally binding on any other public agency. Slavin seems to assert that his right to review public records means that he has the right to have such records delivered to his door, which far exceeds the requirements of Chapter 119, Florida Statutes, which requires only that public records be open and available to public inspection and copying.Second, there has been no refusal to provide any public document to Slavin. The document that he has requested, a list of city departments that have purchasing authority, does not exist and the city is not required to create a such a document under the Florida Public Records Act. However, Slavin has been advised that he is free to inspect the records of any city department that has purchasing authority upon contacting that department during normal working hours. He must merely contact the custodian of the record and ask for a convenient time to come in and review such records. He has not been denied access, so there is no reason to mediate anything as there is no dispute regarding access. Slavin's dispute has nothing to do with access to public records, it is all about a dispute as to city policy on matters outside the public records act, therefore mediation is not appropriate.Please contact me if you have any questions or comments.Sincerely,James P. WilsonCity AttorneyCity of St. Augustine
>>> 05/02/06 09:05AM >>>Dear Ms. Gleason:I hereby respectfully request mediation with the City of St. Augustine (COSA) on two pending Sunshine public records requests:1. Refusal since February to make agenda notebooks available to the public on its website or in the room where Commissioners meet. All reports, proposals and other information that Commissioners read must be made available to the public on the Friday before Commission meetings, not just the agenda. The City does not meet the standard of care set by our County and our Water Managment District. It has no explanation. It seeks to avoid press and public scrutiny.2. Refusal to provide information documenting the City's delegation of authority to 13 unnamed offices to purchase goods or servicde and a list of every single one of the items that these 13 unnamed offices are supposedly authorized to purchase. The public has a right to know whether our Nation's Oldest City is flouting the intent of having a Purchasing Office by delegating the purchasing function to unnamed individual managers and supervisors, with purchasing records supposedly disbursed throughout our City in 13 individual offices. The public has a right to read all documents on this supposed delegation, including a list of what each office is permitted to buy on its own. If there were no documents (as the City Attorney claims without stating he has performed any search), then is the delegation extralegal and ultra vires?Thank you.With kindest regards,Ed SlavinBox 3084St. Augustine, FL 32085904-471-7023


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