Michael Gold, Editor in Chief
HISTORIC CITY NEWS
St Augustine, FL
This week had some ups and downs, not unlike most autumn weeks after Labor Day, but one top story in St Augustine was concluded with little fanfare; a story about the American free press, the rights of citizens in this nation to criticize their government, and a clear reminder than when elected officials get too big for their britches, there are consequences.
This offense against the obligation of the press to passionately shine a bright light into the dark corners of the halls of justice was a chilling reminder of a time when government officials, through the practice of prior restraint, filtered what the public would know about its activities.
Freshman city commissioner Todd Neville, managing member of the accounting firm Neville Breidenstein LLC, launched an attack against Historic City News, and editor Michael Gold; alleging that when, on August 31, 2015, we reported that the commissioner had a “direct, undisclosed financial conflict of interest” related to a vote he made in support of one of the most controversial PUD rezoning hearings in St Augustine recently, that comment injured him and affected “the public’s perception of the lawfulness of our City government as a whole”.
On his own initiative, Neville instructed the City Attorney to make a demand against us on Tuesday, September 8, 2015 at 3:16 p.m., in part saying, “Commissioner Neville requests that you publish a complete, factual retraction of the false statements made in your original article.”
We responded to each of his allegations through the City Attorney.
We accurately reported in the article that developer and applicant, David Corneal, made a cash donation of $500.00 to Neville’s election campaign last year. Further, Corneal’s son, Seth Corneal, who spoke, under oath, in favor of the rezoning, gave $300.00 to the Neville campaign, and finally, the lawyer representing Corneal in the rezoning, Ellen Avery-Smith, also donated $150.00 to Neville.
Then, on September 14th, without a vote by the commission, without announcement in the published agenda, and speaking during closing commissioner comments, Neville suggested that the City of St Augustine join him in a joint lawsuit against us for defamation.
In Neville’s complaint against us, he relied on a staff attorney’s opinion from the Commission on Ethics that said, in part, if certain allegations were correct, and if no quid pro quo existed, “no recusal was necessary” — but, our article doesn’t say Neville broke any existing laws. Instead, it asks our readers a question: “Should elected officials vote in city business with their donors?”
Apparently asking THAT question, in a public venue, was unnerving for Commissioner Neville. As he would soon learn, we are obliged to ask questions like that; we will continue to do so, and more.
In the court of public opinion, Neville’s political image took a hit. Condemnation by the public, suspicions of government misconduct, and the specter of lawsuits in retaliation for asking provocative questions of elected public officials, brought predictable criticism against Neville from readers, First Amendment advocates, other members of the media, even The St Augustine Record, who endorsed Neville for election, published an editorial concluding that Neville needed to grow some “thicker skin”.
So, at this week’s Monday commission meeting, September 28th, with proper notice and appearing on the agenda, the City Attorney made a report that informed the commission that public funds cannot be used to pay for the legal fees to prosecute a claim where the city is neither plaintiff nor defendant. And, the claim of defamation, or libel, by definition is an injury to an individual’s reputation.
Also offered in Lopez’ research, a plaintiff might expect legal fees approaching $55,000 to pursue. No statement has been made as to how much legal time was spent by our city attorney in chasing this windmill, but Neville realized he didn’t have the votes to finance his personal hurt feelings. The item died an embarrassing death as it should — in the public eye, on broadcast television, and recorded for future politicians who need to be reminded that they serve at the pleasure of the citizens, not their own personal agenda.
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