The recent ongoing and outrageous attempts to censor my website by Jim Anderson and Ken Weiss (even an attempt to force me to remove a link to our own City of St Pete Beach website!) have led to contact with the ACLU, specifically their mission to defend our First Amendment Rights against undemocratic intimidation and bullying.
“The truth is inconvertible, malice may attack it, ignorance may deride it, but in the end, there it is.” Churchill.
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Now Jim Anderson doesn't want me to provide a link to the City's official website!
What doesn't he want residents to read on the official website?
From: Kenneth Weiss [mailto:kweiss1@tampabay.rr.com] Sent: Friday, March 04, 2011 12:24 PM To: Mike Davis Subject: Re: Visitor Feedback from Your Website
I notice that commissioner parent has not removed the city link. Do you not agree that this is a violation of 106.113. Failure to take it down will be deemed to be an intentional action. Furthermore, there is only one message from Arlene Cohen, which clearly indicates that the link to the city site is doing exactly what is prohibited.
Ken Weiss
Since some people don't seem to be web knowledgable (Ken and Jim) I thought I would point out that this thread reads from bottom to top chronologically. I.e. start reading at the oldest stuff at the bottom and read up to the top (the newest stuff).Hi
Mike, What is the subject of the public records request? Or is this just a blind fishing expedition? Jim Parent Vice Mayor, St Pete Beach
. Mike, Just a note. I think both of those emails arrived AFTER the records request. Does that make a difference? Jim Parent Vice Mayor, St Pete Beach .
These are the only two messages I have ever received from the feedback function of my website. In fact the second message, I sent myself just a few minutes ago to make sure that it worked and sent to the address I thought it did. Arlene just sent, as you can see, the other message earlier today. So, here is the grand total of all communications to me from my thousands of website views. I will be posting the answer to Arlene's query shortly. I take that to mean that what I post is self-explanatory and there are no mistakes. I am going to reroute my "contact me" email destination to my city website so any future requests will be a clearer public record. Is Ken able to "get" the pages on my website? I charge $250 per hour and $0.10 per page if you want it printed. As a consultant, my time and knowledge is what I sell. Jim Parent Vice Mayor, St Pete Beach .
----------------------------------------------------------------------------------------------------- On Thu, Mar 3, 2011 at 3:46 PM, <feedback@jimparentspb.com> wrote: First Name: jim Last Name: parent Zip Code: 44444 Daytime Phone: Evening Phone: Fax: E-mail Address: j.parent@stpetebeach.org Comments: this is a test message.
From: Jim Parent [mailto:jimpspb@gmail.com] Sent: Thu 03-Mar-11 3:43 PM To: Jim Parent Subject: Fwd: Visitor Feedback from Your Website ---------- Forwarded message ---------- From: <feedback@jimparentspb.com> Date: Thu, Mar 3, 2011 at 12:48 PM Subject: Visitor Feedback from Your Website To: First Name: Arlene Last Name: Cohen Zip Code: 33706 Daytime Phone: 7273602226 Evening Phone: Fax: E-mail Address: arlenecohenspb@gmail.com Comments: Hi Jim, I didn't see the polling address' listed on the City website. Can you list those? Also, can you check with Pam to see if the referendums will be posted at each polling place. Thank you for keeping us informed. Arlene
From: Jim Parent [mailto:j.parent@stpetebeach.org] Sent: Thursday, March 03, 2011 3:27 PM To: Mike Davis Cc: Mike Bonfield; Pam Prell; Susan Churuti; Suzanne Van Wyk; Kenneth Weiss Subject: RE: Public records request Mike, I did find where I parked some old pages I had on my website and I have moved them to "The Graveyard" tab on my site. Tell the gravediggers they can also look there for old information such as why state amendment 4 was a loser, how much we have spent in legal expenses, the City Comp Plan, etc. I'm glad to be able to help educate them. Jim Parent Vice Mayor, St Pete Beach . Please see public records request. If you have any public records which fall within this request, Commissioner Shavlan and Commissioner Parent, please provide them to the City Clerk to be provided to Mr Weiss. Thank you. If you have any question please contact my office. Michael S. Davis Board-Certified in City, County and Local Government Law Bryant Miller Olive One Tampa City Center, Suite 2700 Tampa, Florida 33602 (813) 222-1726 (direct dial) (813) 273-6677 (main) (813) 223-2705 (fax) mdavis@bmolaw.com TAX ADVICE DISCLOSURE: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
NOTICE TO RECIPIENT: This e-mail message is intended only for the individual or entity to which it is addressed and may contain confidential information and/or attachments that are legally privileged. If you are not the intended recipient, any review, use, dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone and delete this message. Please note that if this e-mail contains a forwarded message, an attachment, or is in reply to a prior message, some or all of the contents of this message may not have been produced by Bryant Miller Olive P.A.
From: Kenneth Weiss [mailto:kweiss1@tampabay.rr.com] Sent: Thursday, March 03, 2011 3:27 PM To: Mike Davis; Susan Churuti; Suzanne Van Wyk Subject: Re: Public records request Mike,
We are entitled to all communications to and from the commissioners and all communications that they received from this blog. Period. If you read the AGO, and I assume you did, that is what we are entitled to. Mr. Parent has a number of “contact me” and so does Mr. Shavlan. Any responses to or from either commissioner related to that site is public record. Please advise me what part of the AGO does not require that information or if you have any other authority. It is clear that both commissioners posted their website and blog with the specific statement that he was acting in the capacity as city commissioner. As such all items are public record...not just what is on the site.
Ken
Please free feel to inspect and copy whatever is a public record on the blogs or websites in question. Michael S. Davis Board-Certified in City, County and Local Government Law Bryant Miller Olive One Tampa City Center, Suite 2700 Tampa, Florida 33602 (813) 222-1726 (direct dial) (813) 273-6677 (main) (813) 223-2705 (fax) mdavis@bmolaw.com TAX ADVICE DISCLOSURE: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
NOTICE TO RECIPIENT: This e-mail message is intended only for the individual or entity to which it is addressed and may contain confidential information and/or attachments that are legally privileged. If you are not the intended recipient, any review, use, dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone and delete this message. Please note that if this e-mail contains a forwarded message, an attachment, or is in reply to a prior message, some or all of the contents of this message may not have been produced by Bryant Miller Olive P.A.
From: Kenneth Weiss [mailto:kweiss1@tampabay.rr.com] Sent: Thursday, March 03, 2011 1:55 PM To: Mike Davis Subject: Re: Public records request Mr. Davis,
Here is a copy of a recent Florida Bar Journal Article and an attorney general opinion, both of which I am sure you have read. As you well know, whether or not public funds are expended is irrelevant. The fact is that the commissioners are acting in their capacity as commissioners, make representations that they are acting in their behalf and as such all communications are public records. Here is an excerpt from AGO 2008-07:
"Thus, a city council member clearly is subject to the provisions of Chapter 119, Florida Statutes, when making or receiving public records in carrying out official business. This office has stated that e-mail messages made or received by agency employees or officials in connection with official business are public records and are subject to disclosure in the absence of an exemption.[8] It is the nature of the record created rather than the means by which it is created which determines whether it is a public record. Thus, an email created by a public official in connection with the transaction of official business is a public record whether it is created on a publicly or privately owned computer. To the extent that the council member is publicly posting comments relating to city business, this office cannot conclude that such postings are not made in connection with the transaction of official business. Accordingly, I am of the opinion that such postings would be subject to the requirements of the Public Records Law.
When considered with the discussion above, it would appear that the postings and emails of a city council member relating to his public duties would be public records subject to the provisions of Chapter 119, Florida Statutes."
Certainly, the postings on the websites relate to each commissioner's public duties since they both indicate that is exactly the purpose of such site.
I assume that this is sufficient authority for the request.
Ken Weiss -- Kenneth L. Weiss, Esq. 11085 9th St. E. Treasure Island, FL 33706 727-367-8829
kweiss1@tampabay.rr.com Mr. Weiss: The Commissioners in question have advised that no public funds were expended in connection with these blogs or websites and that there are no postings or other communications on such websites or blogs which constitute public records. Sincerely,
Michael S. Davis Board-Certified in City, County and Local Government Law
Bryant Miller Olive One Tampa City Center, Suite 2700 Tampa, Florida 33602 (813) 222-1726 (direct dial) (813) 273-6677 (main) (813) 223-2705 (fax) mdavis@bmolaw.com
-----Original Message----- From: Kenneth Weiss [mailto:kweiss1@tampabay.rr.com] Sent: Thursday, March 03, 2011 11:36 AM To: Mike Davis; Susan Churuti Subject: Obligation to maintain public records
Mike/Susan,
I assume you will advise those parties that they have an obligation to maintain the requested public records and any attempt to destroy them is unlawful.
Ken -- Kenneth L. Weiss, Esq. 11085 9th St. E. Treasure Island, FL 33706 727-367-8829 kweiss1@tampabay.rr.com
-----Original Message----- From: Kenneth Weiss [
mailto:kweiss1@tampabay.rr.com] Sent: Thursday, March 03, 2011 11:32 AM To: Mike Davis; Susan Churuti Subject: Public records request
Mr. Davis/Ms. Churuti,
On behalf of Jim Anderson, this is a public records request pursuant to Chapter 119 to the custodian of the records of the websites for jimparentspb.com and http://st--pete--beach.blogspot.com/
The records include: any and all invoices for payment of the development and cost to maintain the websites, for any and all communications sent or received from or by James Parent or Marvin Shavlan addressed to each including any "contact" information, all email address, in native and original format. The dates of the request is from the inception of the websites.
As we assume that these sites are maintained by each commissioner, the request is made to each commissioner and not to the city. I am contacting you to forward this to each commissioners because of the fact that I do not want to contact them personally, since, as you know, my clients are in an adversarial litigation posture with each.
Since this is the responsibility of each commissioner, this should be done at their expense and not at the expense of the city. If they need legal advice on their own independent websites, then it is their responsibility to retain counsel regarding this matter. We, of course, have no objection to you providing advice to them as long as it does not involve a cost to the taxpayer.
Thank you for your prompt assistance in this matter. -- Kenneth L. Weiss, Esq. 11085 9th St. E. Treasure Island, FL 33706 727-367-8829 kweiss1@tampabay.rr.com