Lawyer for ex-450th fundraiser threatens to sue City

The wait for the other shoe to drop is over. On Friday, the City Manager and City Attorney received a letter from Daytona Beach attorney Kelly Parsons Kwiatek with the Cobb Cole law firm, claiming that the City violated the civil rights of former 450th Commemoration fundraiser, Charles Robert Seraphin.

Seraphin appeared on the city payroll in 2012, earning $70,000 a year plus benefits, to augment the 450th Commemoration fundraising efforts of Executive Director Dana Ste. Claire and the now defunct First America Foundation. Seraphin was terminated from his $78,000 contract with the City; reported by Historic City News October 29, 2014.

His performance as a fundraiser was de minimis. According to published reports at the time of his termination, Seraphin was not devoting his full attention to the City of St Augustine — distracting himself to the benefit of other local organizations.

Also, during business hours on Friday, October 24th, Seraphin called an 81-year-old Davis Shores resident, at his home, challenging comments written by the citizen and published in The St Augustine Record as well as Historic City News.

The citizen expressed support for the successful mayoral candidate, Nancy Shaver. He wrote, in part, “Nancy’s tested and proven professional skills will offer deliberative execution of plans and development as mayor.” The writer went on to say, “Nancy brings a far more broad experience package to the table than does Joe, while not taking a back seat to his charisma. I gotta’ go with Nancy Shaver.”

Seraphin further engaged Mayor Shaver in an e-mail challenging her credentials and he attempted to disparage her character.

What Seraphin did, while under contract to the City of St Augustine, had a chilling effect on the citizen’s right to free speech. Ironically, Seraphin’s lawyer, attorney Parsons-Kwiatek, argues now, “Your decision to terminate Mr. Seraphin’s employment, without due process, based on his right to free speech is a constitutional deprivation and one that cannot be tolerated.”

In closing, attorney Parsons-Kwiatek observes that termination of Seraphin’s contract “has caused tremendous harm to him, his family, and his reputation.” Seraphin, through his attorney, has threatened the city that they will seek compensatory damages, attorney’s fees, as well as injunctive relief.

The City has retained a labor attorney with the Florida League of Cities to advise them on the issue.