Neville can not include City in defamation suit – must use own money

Without discussion by any other commissioners, City Attorney Isabelle Lopez introduced item 11(a) at the St Augustine City Commission meeting tonight as one of the last items on the agenda at about 7:45 p.m.

At issue were allegations made by freshman city commissioner Todd Neville that Historic City News had published defamatory information when editor Michael Gold reported campaign contributions paid to Neville by three principals in an application to rezone property from HP-1 to PUD.

Neville asked for commission support to prosecute Historic City News for “defamation” under a theory that somehow the entire city was injured by our reporting. Lopez convinced commissioners not to take any action until she had an opportunity to review the law on such requests.

Her findings were not published in the backup for tonight’s agenda, reportedly because time simply ran out; however, over the weekend she distributed, in memo form, the results of her research.

Instead of turning the item over to the commission after it was introduced, as would normally be the case, Lopez directed discussion of her findings to Commissioner Neville.

Neville acknowledged two points in the findings, which he had already read, that will not him to proceed with his original plans.

First, Neville cited the fact that it is not possible to make the City of St Augustine an injured party or plaintiff in a defamation claim against Historic City News. That knock’s Isabelle out as Neville’s personal attorney.

Secondly, the City Code of Ordinances and State Law would prohibit the use of public funds unless he could demonstrate a compelling public benefit — and since, as Lopez pointed out, any award would go to Neville personally, not the City, public money simply could not be used.

With little fanfare, and no formal motion or vote, the commission moved on without any further action.