Archive for the ‘Government’ Category

“WHAT IS GOVERNMENT? – (Can we come to a wide understanding on terms and definitions?), (#5 in the series)”

July 4, 2013
Exit lines from previous article…
General discussion of government regularly contains references to mission, operations and organizational dynamics interchangeably as if they are all one subject: this completely misleads all taking part in the conversation and prevents real movement towards problem solving when it comes to government and governance.  One persons discussion on mission is another’s discussion on survival of the organization, which is another’s discussion on how government operates- confusion is inevitable.
This article will delve deeper into this confusion and how we might come to terms across the global village on how there terms can be restricted to specific discussion.  As of today’s date, the military in Egypt has deposed the democratically elected President Morsi and taken those studying these matters into a new understanding on what composes government and what agencies within a society might act as government…rgj, July 3, 2013,  the eve of July 4th, 2013- the birthday of the Chamber of Justice.

The head of Egypt’s army has given a TV address, announcing that President Mohammed Morsi is no longer in office.

Gen Abdul Fattah al-Sisi said the constitution had been suspended and the chief justice of the constitutional court would take on Mr Morsi’s powers.

He said Mr Morsi had “failed to meet the demands of the Egyptian people”.

Later, the leader of the Muslim Brotherhood’s political wing, the Freedom and Justice party, and his deputy were detained, officials said.

Saad al-Katatni, who heads the party, and the Islamist movement’s deputy head, Rashad al-Bayoumi, were reportedly picked up hours after the speech.

Anti-Morsi protesters in Cairo gave a huge cheer in response to Gen Sisi’s speech.

However, US President Barack Obama said he was “deeply concerned” by the latest turn of events and called for a swift return to civilian government.

http://www.bbc.co.uk/news/world-middle-east-23173794

Tensions between the two main language communities of Flemish and French sometimes run high, and the issue has brought down several governments, creating frequent political instability.

Respect for the royal family, though, is one of the few factors that crosses the communal divide.

King Albert’s announcement comes only three months after Queen Beatrix of the neighbouring Netherlands vacated the Dutch throne in favour of her son Willem-Alexander.

http://www.bbc.co.uk/news/world-europe-23167525

“”One of the biggest problems with governance in all it’s various forms not just in government but in corporate, commerce and industrial governance is the focus on decision-making and the subsequent power and wealth of decision-makers; it creates irrational incentives that prevents problem-solving while subverting governance from the basic mission of the organization.””…(WHAT IS GOVERNMENT, #4 in the series)

So today July 3, 2013…

Problem solvers are usually not decision-makers, indeed, decision-makers have both hierarchical status and power and higher pay while directing lower status employees, both in corporations and in government to solve problems often caused by the artificial distinction between decision-maker and problem-solver.  The incentives to protect one’s power, authority and inflated sense of financial and administrative power lends itself to create problems that preserves power of the decision-maker at the expense of organizational mission, operations or even the continued existence and survival of the organization.

Egypt’s current disruption in the rule of government is a distinct case in point.  The Military is acting as problem-solver while the decision-maker is in democratic theory the decision-maker President Morsi, who is under challenge for his status and power.  By the use of implied military force, President Morsi has been effectively deposed much to the delight of unorganized people of Egypt who it appears felt trapped by the Muslim Brotherhood, the only organized political party in Egypt, and an Islamic coup by the democratically elected President and the constitution passed by his party.

To be frank, when the Party in power (or as in the U.S. where the Republican Party out of power) has used it’s position to shut down cooperation with opposing parties or in the case of allegations about Morsi’s political alliance, used it’s power with the agencies of government to oppress and suppress opposition parties then democratic cooperation and dialogue is not only shut down but proves to be an instrument of tyranny and puts the idea of democratic or representative government to a test that it fails to pass.  Let me be clear- democratic and representative governance is easy to fake- any group of criminals, such as Putin’s government in Russia can create the pretense of government while criminals run government as a criminal syndicate.

So, back to Egypt- the military which must be understood in different terms from the US military given it’s ownership of economic and industrial institutions with ties to industry and commerce institutes acted as problem solver over ruling former dictator Mubarak and now over ruling President Morsi has demonstrated the power of problem-solvers over the formal power, prerogatives and status of “decision-makers.”

The abdication of King Albert of Belgium and Queen Beatrix of the neighboring Netherlands who vacated the Dutch throne in favor of her son Willem-Alexander is another case in point of the deteriorating status of formal decision-makers albeit these constitutional monarchy’s are mostly ceremonial, they still played a real role in governing the governments that ruled and administered the land which they by title rule as King or Queen.

Decision-makers enjoy a higher rate of pay- a very much higher rate of pay for the calorie-standard of work performed compared to manual labor, and yet, they must direct an organization that solves problems through subordinates- a system that has utterly failed to function.

Institutions can only survive if they perform a function for the societies they serve.  As soon as the institution demands people serve them, they fail and those decision-makers seeking the service of the people shit in their own pants- destroying the institution they thought they had absolute control over- these fools deserve what happens to them.
Problem-solvers that operate from the front-lines are able to do things elevated decision-makers cannot even comprehend, much like President Morsi thought he could throw his weight around because he enjoyed position and authority.  In this instance, the Egyptian military has proven itself to be a competent agent of government and much credit should be given for their attempts to empower the people of Egypt to choose their secular and civilian government.
Political Parties and heads of self-important governments imposed upon a people by force or clever contrivance that act as if the power they enjoy comes from their moral right, their political might or their military force should be receiving a powerful message from all of these events- the power is not yours- your ability to impose decision-making on others unrelated to problem-solving will not go unchallenged.  You are not the power you believe you are- it is all in your twisted mind.
Decision-makers that do not solve problems directly will go extinct- it’s not if, but when it will come about.  Corporations, small business, mid and large-cap business, government anywhere- makes no difference- the cult and status of decision-makers will fail, and those who see no other way to operate will lose control over your organization.  Problem-solvers grow economies, business operations and government coherence.  Decision-makers incentives to feather their own nest destroys their relevance.
Governance and government must be clearly understood in all of it’s various meanings- a government is run by individuals that govern, with their self-interest in mind, in light of the operations that make it function, with the organizational dynamics that demands the survival of the organization and of it’s established leadership that are all factors of the same subject…Government.  It’s not a simple thing to discuss and forget- we must be sure what part of the various factors are under discussion or we will be played by parties that have their individual control in mind and not the welfare of you, your spouse and your children…rgj
Stay tuned for the next part of this series…What is Government? – (To be announced)  (#6 in a series)

What is Government? – more answers from current New’s ‘use of words’ (#4 in a series)

July 3, 2013


TURKEY: NO CONFIDENCE IN SYRIAN GOVERNMENT
By the CNN Wire Staff
August 29, 2011 7:58 a.m. EDT
http://www.cnn.com/2011/WORLD/meast/08/29/syria.unrest/index.html?eref=mrss_igoogle_world


DAMASCUS FEELS EFFECTS OF CRIPPLED ECONOMY By Kristen Gillespie and Jabeen Bhatti, Special to USA TODAY

…Yet some experts say that nothing would be more dangerous for the survival of the Assad regime than a declining business atmosphere in Damascus. Assad would lose the one reason he receives support from commercial society, which funds the military that is suppressing an uprising…

Many people said times were tough but would speak only on condition of anonymity, fearing retribution from Syrian police who routinely arrest people who speak frankly about life under Assad….

Even so, “we can’t force people to go on strike for a long time, because they have to eat and they have no other source of money,” said Hozan Ibrahim, a spokesman the Local Coordination Committees, a grass-roots network that coordinates protests and reports on developments inside Syria.

One bank employee said she believes that as the situation gets worse, people sitting on the fence to protect their standard of living will turn against the regime. The poor have led this movement, but when other social classes begin to get squeezed by the stagnant economy, “they, too, will join the protesters.”

http://www.usatoday.com/news/world/story/2011-08-30/Damascus-feels-effects-of-crippled-economy/50196646/1

———————————————————————————————-

Now, we will consider the meaning and purpose of the term “Government” as suggested in these articles.

Turkey, presumably Turkey’s “Government,” an official but small group of high-level decision-makers, has expressed no confidence in Syria’s “Government,” which is ALSO an official but small group of high-level decision-makers that basically answers to no one.
Are we to think  that the bulk of the organizations that these leaders (the government) direct are merely the tools and instruments of those who govern?  Did Turkey’s Legislative body vote, or are high level un-named sources speaking for their (whose?) government, what exactly is happening here?
We shall take a brief look at each article individually and then continue to refine our definitions and conclusions about government in the context of current governing institutions, their successes and their failures.
Nearly all of us believe we know what is meant by the term “Government” and regularly confuse the interests of “Government” with the interests of those who govern- this is a dangerous mistake in common use of language and keeps populations at odds with each other by political parties which succeed by dividing populations for party or other minority advantage.
As spokesmen above speak for the Government of Turkey, what is actually happening is those individuals who govern and rule are speaking in the name of the nation- the people of the nation are pulled along willy-nilly with little or no voice in the course their “government” charts for the nation.
Government is an institution- both a bureaucratic and complex organization that  has a mission, and an institutional desire to continue both it’s existence and it’s power prerogatives, with both internal and external apparatus that acts on behalf of the organization.  The common mistake in judgement is that those who are in control of government are not government- their self interest is always in play.
Indeed the science of “Organizational Dynamics”  makes a distinction between internal opposition to the organizations charter or constitution and those internal conflicts that challenge the leadership without a challenge to the charter or constitution.
One of the biggest problems with governance in all it’s various forms not just in government but in corporate, commerce and industrial governance is the focus on decision-making and the subsequent power and wealth of decision-makers; it creates irrational incentives that prevents problem-solving while subverting governance from the basic mission of the organization.
A basic tenet of organizational dynamics is the survival of either the organization or the power of it’s leadership will cause resources and energy to shift away from the organization’s mission to protecting either the organization itself, or it’s leadership’s power to direct the organization.
General discussion of government regularly contains references to mission, operations and organizational dynamics interchangeably as if they are all one subject: this completely misleads all taking part in the conversation and prevents real movement towards problem solving when it comes to government and governance.  One persons discussion on mission is another’s discussion on survival of the organization, which is another’s discussion on how government operates- confusion is inevitable.
Our next article will delve deeper into this confusion and how we might come to terms across the global village on how there terms can be restricted to specific discussion.  As of today’s date, the military in Egypt has deposed the democratically elected President Morsi and taken those studying these matters into a new understanding on what composes government and what agencies within a society might act as government…rgj, July 3, 2013,  the eve of July 4th, 2013- the birthday of the Chamber of Justice.
Stay tuned for the next part of this series…What is Government? –(Can we come to a wide understanding on terms and definitions?)’ (#5 in a series)

Attachments: Criminal Complaint filed with Florida’s Attorney General Jan 15, 2010

April 7, 2012

AGO Florida- County ordinance imposing criminal penalty

COSA MCodeSec18

Arrest warrants roger jolley

Deposition Celli v COSA

roger jolley v state appeal opinion

Walter Benedict Affidavits

SAPD Report Benedict Incident

FDLE investigation response

These additional records were not mailed due to the bulk, nor were they ever requested… I believe the Shade meeting reveals an intention to use the police in an unconstitutional way, I also believe they all agreed to tamper with evidence and testimony…rgj

COSA Shade Meeting111798

AG reply to FLAGcomplaint

Criminal Complaint filed with Florida’s Attorney General Jan 15, 2010

April 7, 2012

 

TO: Attorney General’s Office

FROM: Roger G. Jolley

82 Kings Ferry Way

St. Augustine, FL 32084

January 15, 2010

Dear Sir,

I only recently came across your Advisory Legal Opinion number AGO 2009-29 dated June 15, 2009, (attached-1), saying essentially a City or County has no authority to create a misdemeanor offense and I feel compelled to write you about my situation here in St. Augustine.

We need your immediate intervention, this is an emergency.  I am also sending this same letter to the U.S. Attorney General.  I fear this is a criminal matter, not merely civil.

At the end of the third paragraph of your summary you state,”…Thus, precluding the application of a Misdemeanor charge to a violation of any Municipal or County Ordinance (e.s.).”

In St. John’s County Courts City ordinances are routinely prosecuted as Misdemeanors by a State, not a City prosecutor, and the Judges have allowed the entire scheme since the first street performer prosecution in this city (attached-2 City Code Chapter 1, sec 1-8) March 1995, my case.  City attorney’s that do prosecute city ordinances are sworn as Asst. State’s Attorney for the purpose of prosecuting under criminal procedures.  If this is wrong and counter to your Advisory Opinion, please do something about it.  It has been the cornerstone of a policy of undermining and suppressing rights.

Local Judges have issued arrest warrants for city ordinance violations on the basis of the misdemeanor language in the City ordinance.  I was arrested in 2000 at midnight at home, six weeks after Circuit Court Judge John Alexander had issued a secret warrant, held by SAPD for just the right moment to terrify me and my fellow street performers. (Attached-3, 2 Arrest Warrants for Roger Jolley)  Others were also arrested; I just don’t have their paperwork.

For the record, here in St. Augustine, (Kat) Katherine Twine, a widely known civil rights activist wrote that she kept a packed bag by the front door because the local Sheriff liked to arrest you with secretly held warrants 6 weeks after a charge was made, with the physical arrest at midnight to strike terror in the hearts of those who dared to march for justice under the law.

This same MO was used on me by SAPD Asst. Chief Lawrence Leuder, angry at me for cornering him and forcing disclosures of police activity against his wishes, but done at the direction of Chief Shoar from his Florida National guard camp.  This indicates to me the same refusal to abide by Federal and State law is at play now as it was in 1963 and 1964.

I will explain, but I would caution you from reading my story as a mere characterization of other people’s actions or words.  I audited those Record’s on file at City Hall and the Court Houses concerned and have full confidence that this is no mere circumstantial case…the entire record displays their unambiguous criminal intent.  I simply repeat to you what is on the record and I do characterize their actions as criminal.

The Records of the City Commission and City Manager, State Prosecutor, Court and Chamber of Commerce Historic Area Council alone comprise primie facie evidence of the criminal intent to use the color of law and State criminal punishment first to extract extra punishment on those daring to challenge the authority of SAPD or the first amendment validity of the Ordinances in question, and second to force compliance on the spot not assured by a civil citation to show up in court weeks later.

What is that extra-punishment you ask?  Even if the charges were later dropped by the court, the criminal charge record stays permanently, even though one was charged with violating a city ordinance, and never charged with a criminal offense, misdemeanor or otherwise.  SAPD writes a civil ticket, you get a criminal record on the spot, automatically, and you can’t do anything about it.

The City Commissioners, City Staffers and complaining businessmen’s intention to redefine the public forum (City sidewalks, parks) into a commercial marketplace to prevent street performers from singing in front of their restaurants, shops and bars is clear at every single city meeting; their intention to use the color of law to discriminate on access to public accommodations is clear cut.  They think it’s their right that they were acting lawfully, so they concealed very little.

The 1995 meetings have two Commissioner/restaurant owners with properties within the regulated area directly benefiting from passing these ordinances…the Ethic’s commission gave Mayor Len weeks a clean bill of health, Commissioner and later Mayor Mark Alexander never drew the complaint.

The City has since applied this use of State Misdemeanor punishment and the commerce/free-speech ploy to artists, and now an artist is by definition a street performer and subject to the automatic criminal record penalty.  If a SAPD officer issues a citation to an artist, he or she can be charged with one ordinance (artist) or the other (street performer) at the officers’ undirected discretion.

This extra punishment violates our right to due process of law, a punishment with no trial, hearing or conviction, and five City Commissioners just broadened their use of this secret and back-door punishment with four more new City Ordinances restricting First Amendment expression, linking all protected expression to their regulation of commercial vendors.

The City has used this city ordinance (attachment #2) designating violation’s of their ordinances as Misdemeanors and the State Courts have allowed criminal processes to be used…employed for 24 years by city police authorities but not tested in court until my 1995 case.

I will explain more and be as brief as possible, but I want you to understand how local officials have used this Misdemeanor Ordinance over the 24 year period as part of a conspiracy against rights (USC Title 18,Part 1, Chapter 13, statute 241), a conspiracy to deprive citizens of rights (USC Title 18,Part 1, Chapter 13, statute 242), and a conspiracy to obstruct justice (USC Title 18,Part 1, Chapter 73, statute 1511).  I refer to Federal Statutes but I know the State of Florida has similar statutes.

The official city records identifies businessmen and women, their shops or enterprise, the downtown Chamber group and its leadership, City and State officials, and agencies, commercial landlords, city commissioners, police officers, State Prosecutors and judges, the entire scam is laid bare for any to read.

All these otherwise lawful corporations and government agencies were used in their criminal plot, a plot centered on using the secret power to write criminal misdemeanor ordinances and trick the local court into going along to stick everyone city police accused with an automatic and permanent criminal record, and to use the color of law to discriminate on access to the public accommodations including the public forum.

The First Amendment issue is not something I ask you to address, except that it is the main focus of their conspiracy to obstruct justice and rights, their criminal misconduct needs an immediate and full investigation.  Perhaps your office could immediately intervene in any on-going court cases involving criminal processes for the civil, city ordinance infractions.

This next I will keep short as possible; I’ve attached records where appropriate though I can in no means provide you with the entire record.  I have taken all duplication out I could find, but this next was previously written and contains a more complete report on the records I audited and I apologize if I repeat myself.  Some parts are addressed in a different way so I left them in, even if it seems out of sequence.

According to the transcripts of 1983-1984 city commission meetings, this was a ploy (their word) deliberately used by then City Attorney Geoffery Dobson because a city police officer issuing a street musician a city citation left the performer free to continue his activity until he went to court, making it look like they could defy police intervention with near impunity.

A performer could in theory just take as many citations as police officers may choose to issue up to the court date, the city had no deterrent.  They needed a stiffer penalty they said, because the citation for a future court date didn’t compel immediate compliance by the street performer.  Mr. Dobson assured the Commissioners and the city manager that he could come up with something.

According to city records, the City Manager at the time of the 1995 Ordinance, Joe Pomar and his City Commission wanted their police officers to have arrest power over a violation of the city ordinance so the threat of arrest would achieve immediate compliance and perhaps discourage or prevent street performers from testing the city ordinance for first amendment grounds.  That was how the city attorney explained the punishment section of the 1995 ordinance to the commissioners.

The City Record speaks for itself; characterizations of their conduct are merely descriptive; their intentions are clear from the public comments made by downtown commercial landlords, city commissioners, city attorney and city manager, comments too over the time period from the initial 1984 City Commission meetings, right on up to just a few weeks ago.

The clerk codifies each subject and every time the city commission has dealt with street performers, artist or vendors it comes up on a search.  I could not invent the damaging statements which took on a clear intention when looking at successive comments over time and subsequent city, police and court actions.

If you look at City Commission Records and Court depositions and records of trials conducted since March 13, 1995 I believe they will seal an indictment of those who made the decisions.  The Judges, Prosecutors, SAPD and its single decision maker for city police power, City Manager William Harriss and even some City Commissioners are all implicated in this long standing conspiracy against rights.

At the initial set of meetings in 1984 and later and then in 1995-2000, officials expressed deep resentment over the restrictions placed on their use of police against street performers who they were told by the City Attorney were fully protected by the Federal Constitution and the Civil Rights Act of 1964.  They complained about it for years at city meetings, even while they were finding an end-run around the rule-of-law.

The Records say in 1984, they passed the first street performer city occupation ordinance with the State Misdemeanor punishment but never prosecuted or even issued a Citation to anyone in 16 years (attachment #2).

At a regular Commission meeting December 1994 Former Chief Bill Robinson claimed thousands of complaints a month and City Manager Pomar said it would cost $64,000 a year to put a permanent officer down on St. George Street to control this problem, yet not one ticket or arrest was ever made on the Occupation Ordinance with this Misdemeanor punishment.

In a deposition (Celli v COSA) Chief Robinson explained how some downtown merchants would cop-shop for a police officer that would run off a street performer, calling dozens of times a day…calling the city manager’s office, never calling 911 where a record would be kept (3 pages attached-4, full record available).

In 14 years, not one prosecution of an artist or performer was brought by a citizen; all charges were brought by police officers acting publicly for the complaints made privately to the city managers office.  Police officers making the charge themselves protected the identity of those complaining asking for police intervention for  what was legal, protected and licensed activity, according to Chief Robinsons deposition statements..

SAPD officers did threaten to arrest or cite for violations if someone warned didn’t leave the area, but not one single citation was ever issued.  This intimidation was the enforcement pattern for 16 years.

Another street performer city ordinance passed much later was written by Mr. Dobson at the same time (1984), and was later prettied up by a new City Attorney Jim Wilson at the request of City Manager Joe Pomar, who presented it to the city commission March 1995 as a new solution to the street performer problem that had brewing all those years.  I challenged that ordinance the first day they enforced it.

Attached you will find a copy of the 1996 Appeal Court ruling for my 1995 city ordinance conviction which was prosecuted as a Misdemeanor.  You will note the ruling includes the MM numbers of the cases for which I was convicted which shows the Misdemeanor process allowed by the lower court Judge and left without comment by the Appeal Judge.

Note the appeal ruling (Attached-5 7th Cir Case CA-95-1313, div 55) as awesome as it was for the First Amendment, defining what I was doing as non-commercial expression ignored the Fourteenth Amendment entirely and does not mention the city’s use of Misdemeanor punishment, nor the prosecutors decision to use criminal instead of civil process for a non-criminal, Civil infraction.

Oddly, my civil case did not get labeled or processed as a civil case by the Clerk of the Court until my Appeal of the Criminal Conviction in 1995.   I was denied council for my Appeal of the 2000 conviction…because it was not a misdemeanor.  When it suited the lower court Judge, it was a Misdemeanor, but it wasn’t when the higher court Judge heard the appeal.

Judge Watson’s order states my first-amendment protected expression (street performance of music w/o fee) is “Non-Commercial,” yet the city policy demonstrated by successive city ordinances from 1984 to last week insists that any commercial venture including unlicensed street vendors has the same right of access to the public forum, anywhere “non-commercial” Street Performers and Street Artist have a right as the public forum.

Current City Attorney Ron Brown recently spelled it out to the current city commission, saying at the city commission meeting 12.14.09 that sic, ‘if you allow it to be a public forum you lose control’ implying they can regulate it all, including protected speech by treating it as commerce and allowing commercial vendors anywhere where those who want to exercise their rights in the tourism area might work.

It seems the idea is Commercial vendors (of goods) would interfere and crowd out competing first amendment salespeople, contend for territory and provide legal cover if any part of the scheme was ruled unconstitutional.  The idea the entire scheme may become public knowledge never occurred to any of the conspirators.

Like it was in my case before Judge Watson in 1996, any exchange of money is labeled commerce by the city, even that exchange many court rulings have ruled are protected under the First Amendment of both the U. S. and Florida constitutions.

The most recent federal ruling clearly said the sale of art by the artist was fully protected expression, not commerce.  City police and city commissioners ignore the Federal Injunction and created a new assault on artist’s rights to first amendment protection. By law enforcement, police are supposed to protect us.

I have Misdemeanor convictions sir, yet I have never been charged with a Misdemeanor, a clever end run around due-process, don’t you think?  SAPD arrested me at my home at midnight on a 6-week-old, secretly held Warrant issued by one of the Alexander trio.

Turns out, the Warrant was not valid either though that never did me any good.  Who you ask, are the Alexander trio?  They help explain this mess and tie the entire County Justice System into what appears to be a conspiracy to obstruct Justice, directed from City Hall and the Historic Area Council of the Chamber of Commerce.

Mayor and City Commissioner Mark Alexander was one of the city commissioners that legislated the ordinance, running for office allegedly to finally do something about the Street Performer Problem.

ark Alexander’s business group was formed for the express purpose to run several candidates for office and authorize the City Police to do something about the street performers.  This comes from the Historic Area Council’s (HAC) early literature.

Formed in 1991, the downtown Chamber of Commerce Council members were gleeful, the same year City Manager Joe Pomar and Asst. City Manager Bill Harriss were appointed by the city commission after three Commissioners summarily sacked City Manager Gladstone at a city commission meeting.

Many of my merchant friends spoke openly to me about their new guy at city hall, Bill Harriss, that he would rid the streets of all street performers.  Their newsletters spoke openly of these matters.

The Mayor at the time, Greg Baker was already a member of the HAC and sold Insurance to all of the downtown landlords and shopkeeper renters alike.  In 1992, fellow members Mark Alexander and Len Weeks, both downtown restaurant operators who hired musicians to perform in their clubs were also elected to the City Commission.

With the three of them and the more aggressive City Manager than cautious old Gladstone, they had the right team in place to use the Police power of the State for their personal business plan.  The only color of law they saw was grey, that is their mantra to this day, Len Weeks still bleats this refrain.

Alexander number two, Mayor Alexander’s cousin State Attorney Steve Alexander prosecuted the early cases for the State and Alexander number three, his Honor’s brother Judge John Alexander of the local Circuit Court later issued the invalid warrant used to arrest me at midnight 6 weeks after he issued it….all for a civil offense.

I have also attached a copy (attachment-2) of the city ordinance employing a State Misdemeanor punishment for violation, passed as I understand by the city during City Manager Gladstone – City Attorney Dobson era (1984) for the street performer occupation license ordinance.

The punishment ordinance was not tested in court until my 1995 case, which was overturned on appeal in 1996 but the Court left the punishment clause of the ordinance alone at the time.

Like I said, I found it curious that the Court, Judge Richard O. Watson a noted Jurist allowed the city to Legislate a State crime, a duty of the State Legislature alone.  My second charge, a 2001 case went all the way to the State Supreme Court, and your predecessor Gov. Crist fought my Appeal through the whole process up to the State Supreme Court, fighting tooth and nail.

No one in the appeal process caught the end-run around due process of law with the extra-judicial punishment, a criminal record even if the case is dismissed, due process promised by both the Florida and U. S. Constitutions is lost in the St. Johns County Criminal Justice System.

Then SAPD Chief David Shoar (now Sheriff Shoar) and his officers intimidated and harassed young people, homeless individuals and artist and street performers who wanted to speak at city commission meetings and get their experiences on official record.  Officers would later threaten or punish the vulnerable in some way for appearing before the city commission meetings.

I personally witnessed many scenes of intimidation out in front of the Commission Chambers and on St. George Street.  These officers were not afraid of what might be said at a city commission later, Officers Barry Fox and John Olsen were in my opinion promoted and publicly honored for lying in court and consistently following orders and violating civil rights successfully.

Over a period of months, several regular speakers at the city commission meetings were arrested just at the entrance of the city commission chambers and the Chief of Police personally prevented one Walter Benedict from testifying before the city commission about the theft and destruction of his property by city police officers, the “Community Response Team” run at the time by Sgt Bianchi.  Walter called me right away and arranged for me to meet with him and Chief Shoar at a Laundromat at 8:30 the next morning to settle his claim

Walter Benedict in particular was much later threatened by the Chief if he came back into town with arrest and prosecution with what David Shoar had clear reason to believe was fabricated evidence of a felony.  Chief Shoar and I talked directly 50 times or more over these matters, often meeting at Police headquarters and speaking on his cell phone when he was away at National Guard training..

I have included a copy of Walter Benedict’s notarized affidavit and now County Sheriff David Shoars report on the incident (both attached-6, and 7).  SAPD officers broke into a damaged home in the historic district where protester and performer Walter Benedict was storing his protest materials.

Walter had been on St. George Street with a display of newspaper stories and such protesting the abusive behavior of SAPD for 60 days.  Morale was low and these bike officers snapped or were ordered to act as they did.

Walter, another homeless individual Mark Flowers and I went to the police station to meet with then Asst. Chief Leuder (now SAPD Chief) and the squad that did the B&E, a meeting set up by Chief Shoar.  Sgt Bianchi and LT Stark also attended the meeting.  I was arrested at midnight that night with the 6-week old warrant.  After my front page arrest, Walter and 30 other artist and performers had fled the city within 30 days.

Much later, the officer arresting me in 2000 asked me why I didn’t show up in court, because that is what he thought had happen.  I had never been given any Citation or even received any written warnings, the warrant was issued as if the charge was a State Misdemeanor (all the county court cases were MM), not because I missed a non-existent court date.

If you don’t act soon, the City Police and the State Attorney and the local court will injure more people’s right to due process as they continue to enforce these city ordinances as State Crimes and I need you to investigate and stop the practice.

I’m pretty sure the same technique is used with the homeless too.  I recently met a homeless man prosecuted with the misdemeanor process, but not allowed representation because the originating charge is a city ordinance, yet the same magistrate allowed the prosecutor to use criminal instead of civil process.

In closing sir, all of this unfolds from the City of St. Augustine successfully legislating a State Misdemeanor offense for 24 years, prosecuting under that practice since 1995 when I was first arrested while playing my guitar on St. George Street.

As a former senior internal corporate accountant and auditor, I have satisfied my rigorous analytical standards and conclude that there is strong evidence of a conspiracy to interfere with Civil Rights, to obstruct justice and that this has become a criminal racket with SAPD working as strong-arm enforcement for the conspiracy, which I believe continues to interfere in their Public Safety role.

Right now today, artist and street performers are threatened with arrest for exercising their first amendment rights, and even if they are found not-guilty, they all end up with an undeserved criminal record…..every one of them since 1995!

Please do something quickly.  We need a prompt look into this matter, a full investigation and criminal prosecution if you judge it warrants it.  We need all those criminal records that resulted from this ugly criminal act to be expunged and those concerned notified.  Thank you for your personal reply.

I would like to know you reviewed my letter, and that the matter has been assigned to someone for a quick look-see to advise you personally.  A simple read of city meeting records alone may be sufficient to warrant a grand jury investigation.  I need to know someone is really taking this seriously as soon as you can reassure me of that, I would appreciate it sir.

There are FDLE reports available on early alarms of official misconduct raised in 1995 (Attached-8, letter to Gov Chiles requesting FDLE investigation).  For the record, a cursory FDLE investigation was undertaken and they found nothing unusual in city hall methods of police enforcement and record-keeping, the city manger and executive assistant city manager’s have police rank and its not significant for such high-ranked police officials to fail to keep police records according to FDLE conclusions.

Sincerely,

Roger G. Jolley

CC: U. S. Attorney General Eric Holder

U.S. DOJ Criminal Division

U.S. DOJ Civil Rights Criminal Division

U.S. Civil Rights Commission

Florida Gov. Charlie Crist requesting FDLE Investigation

U.S. Senator

U.S. Congressman

Florida State Senator

Florida State Representative

Attachments:

1 Advisory Legal Opinion number AGO 2009-29 dated June 15, 2009

2 Municipal Code Chapter 1, Sec. 1-8 General Penalty; continuing violations

3 2-Arrest Warrants for Roger Jolley

4 Deposition (Celli v COSA) Chief Robinson-select pages

5 7th Cir Case CA-95-1313, div 55- Roger Jolley v State of Florida

6 Walter Benedict’s notarized affidavit

7 SAPD Chief David Shoar’s internal report on the incident with Walter Benedict

8 Letter to Gov Chiles requesting FDLE investigation

Lies of Ommission by Warren Celli; St. Augustine, Florida

September 12, 2011

On Aug 14, 2011, at 12:36 PM, Warren Celli <celliw@bellsouth.net> wrote:

Ed,

I was very disappointed that you did not post my last comments (copy below for reference) on your Tuesday, August 09, 2011 post, about the gross corruption in the city – link for reference;

http://cleanupcityofstaugustine.blogspot.com/2011/08/blog-post_7480.html

From my viewpoint – colored with years of first hand experience here in the city – it appears to me you are trying to bandage a death dealing wound with out removing the causative foreign object. Your good cop, bad cop, repositioning of the players, with the Whetstones thrown in as a sacrificial anode, won’t fly. No healing will take place until all of this is discussed in an open all inclusive forum and the proper amends are made. The causative foreign agent has to be excised from the wound.

Until that time Saint Augustine will remain; a mean, bullying, pretentious, soulless, more plastic as each day goes by, shell of a city, reflective of the petty Vanilla Greed greed gangsters that control and mismanage it. The past twenty plus years that I have witnessed have been like a long drawn out abortion of the life force of the city. I am deeply saddened by the loss of the once great vitality, strength of community, joy and real fun that use to exist here.

Sadly and ironically, it is comeuppance time from external forces, and we now unfortunately stand fragmented with past local good will foolishly squandered for selfish reasons. The local gangsters have fallen for the ‘greed is good’ meme (fascism light) that the more Perniciously Greedy global gangsters (fascism heavy) have intentionally instilled in America and the entire global culture.

And, just as the local Vanilla Greed gangsters have subverted the now shameful ‘rule of law’ to illegally and immorally hijack the City of Saint Augustine, the more Perniciously Greedy gangsters have subverted the upper level of the ‘rule of law’ in America, and globally, to hijack all nation state governments.

The ‘riots’ (they are really insurgencies Ed) in Europe, Asia, and the Middle East are not without top down, intentionally orchestrated, location specific causative effects. There is an intentional global herd thinning taking place. It is being orchestrated by the wealthy self anointed elite through their central banks.

The global middle classes are being stripped of their wealth and the underclasses are being starved to death. It is an intentional global genocide. The goal is a two tier ruler and ruled structure with the ruled engaged in perpetual conflict with each other. The high resource consuming middle class is being replaced by a more cost effective technology based law enforcement class.

We have entered a period of intentionally orchestrated global ‘deflation’ the likes of which have never been seen before. Austerity and the insurgencies in Europe and other western nations insure that tourism, especially as structured here in Saint Augustine, is not a viable investment. Nor should it consume our dominant attention.

We have much larger problems to deal with. It is also only a matter of time before civil unrest – we already have flash mobbing going on in cities in America – will become more pronounced here in America.

Here is a link for a good look at the global mechanics of the situation;

http://crisisjones.wordpress.com/2011/08/11/ampedstatus-report-exclusive-analysis-of-financial-terrorism-in-america-over-1-million-deaths-annually-62-million-people-with-zero-net-worth-as-the-economic-elite-make-off-with-46-trillion/

What is really at stake here Ed is the unraveling of thousands of years of human morality building that has allowed us to incrementally rise above our dog eat dog cannibalistic human nature. That overall positive growth in morality has been cyclical with many peaks and valleys.

We are presently in a deep trough, a global trough, that will affect us all for years to come. The big picture needs our dominant attention and the efforts of all of us. The local gangsters need to wake up, repent of their greed is good philosophy, make genuine amends and refocus their attention to the greater problem.

Together we reclaim and rebuild our soiled morality or divided it consumes us all.

Regards,
Warren
—————————————-

Ed,

There is not enough pig lipstick in the world to do what you are trying to do here.

You either clearly do not understand the depths of the corruption involved in this willful and knowing, CONTINUING TO THIS PRESENT MOMENT, gangster pattern and practice of denying civil rights for selfish personal gain, or, you are aiding and abetting it intentionally. Said another way; you are either drinking the kool aide or you are selling it.

Nor do you appear to recognize the severity of the true cause and effects involved in the on going dynamic here that has so negatively affected thousands of local residents and millions of the customers of the Tourist Factory that have come through this co-opted city.

The constant abuse, illegal and immoral denial of opportunity, incessant harassment, intimidation, demonizing, etc., by the illegally and immorally hijacked City of Saint Augustine gangster government were all, UNDENIABLE causative effects of the hardships, trials, and the tribulations, that intentionally repressed and diminished the spirits of, and contributed to the early deaths of, John Victor Powers, Les Garcia, and David Thundershield Queen. May they rest in piece.

Deprivation of Rights Under Color of Law
Title 18, U.S.C., Section 242

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

Acts under “color of any law” include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under “color of any law,” the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties.

This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Warren Celli

Editor and Publisher of the banned and confiscated many times, Saint Aug Dog pro FREE SPEECH and pro Street Arts newspaper.

What is Government? – answers from current New’s ‘use of words’ (#3 in a series)

August 29, 2011

Is the Government those we elect or do they control the government?  I posed that question in the first part of this series.  https://chamberofjustice.wordpress.com/2011/08/07/what-is-government-and-why-doesnt-it-do-what-its-supposed-to-do-1-in-a-series/

With  “THE TRIBUNE” headline, “”

Government tours islands hit hardest by Hurricane Irene

“”…one expects the meaning of “GOVERNMENT” to be “the leaders of government”, perhaps a very small number of them.  Its unreasonable to think the entire body of people working for government toured the disaster area.  The body of the article provides a more precise meaning to the term.

“”Fly-in visits to Cat Island, Acklins, Inagua and Long Island gave cabinet ministers, senior government officials and members of the national disaster management committee an opportunity to see the wreckage first-hand and meet locals who weathered the category three storm.””

“”Director of NEMA, Commander Stephen Russell said the whirlwind tour will be followed with a co-ordinated relief effort to meet the basic needs of impacted communities.””

“””Now we can plan how to respond to the needs of the citizens who were impacted in these communities,” Captain Russell said.””

“””As we go into next week we will now have more focus.””

“””Technical officers of these agencies will come into the islands and start doing their formal assessments, going from street to street, door to door, finding out the needs of the citizens, how their homes were impacted, as a result of the storm.”””

“”Power and telecommunications should be restored within the next two weeks, Captain Russell said.””

http://www.tribune242.com/sports/08292011_Government-visits_news_page-1

This example suggests the government is the high-functionaries who direct large ministries, able to deploy resources to help people rebuild and recover.  The “Technical Officers” do not seem to be included in this definition of “Government.”  Don’t all who act in the name of Government and their actions count as government action?

The story demonstrates that “The” Government (High-Ministry Decision-Makers) is there to effectively direct assistance to it’s citizens and this seems to be a clear statement of the purpose of government though it is only implied within the above quotes.

As a side note I particularly enjoyed the “House Rules,” restrictions and community values concerning online comment policy by the “paper.”  We can learn to be a more civil society by observing successful, civil societies.  Manners are important after all.

The government here took responsibility to restore essential services, another “expectation” that we might have when we discuss or use the term “Government.”  If this is an example of good governance in a civil society, then we should contrast these observations with bad governance in violently uncivil-societies.

It may be instructional that bad governance in violently uncivil-societies occurs in the cradle of civilization and indeed bad governance is directed by rulers who could have learned from their ancestors which are responsible for a remarkable part of what many in the world commonly think of as “civilization.”   Perhaps a brave new world will bloom from this global crisis in “Government” and governance.

Stay tuned for the contrasting views of government and more on these News items concerning Syria and Turkey and what their expressions about government and governance means in “WHAT IS GOVERNMENT? – (To be announced, wait for it…), (#4 in the series)”

What is Government? – a nuts and bolts answer (#2 in a series)

August 7, 2011

Government is a human Institution, it is made up of the many decision-making managers of an large organization and the government employees directed to deliver those services and government goods to citizens and non-citizens alike.  Government describes both the decision-making structures and operations and the visibly elected body’s of government, legislation (write the Law), executive (enforce the law) and judicial (determine what the law means).

“Government” is also an abstraction, a mental invention which allows us all to act as if we know what it means when someone uses the word “government” in conversation.  The word has extremely broad meanings and use so we would like to be a little more precise.

As an abstraction (a mental fiction) the term “Government” can be used to describe a police department, a court room, a jail, a drivers license clerk, a school janitor, the President of the local School Board or the President of the United States.  All Corporations and States must govern.

Government means many things at once, perhaps something entirely different to every different listener so it will help our discussion to narrow some things down so we can converse intelligently about governments around the globe.

A government governs, it functions as a last-resort decider of disputes in its territory and among its own people or with other nations or people, and it enjoys the right to use coercion under circumstances usually determined by a State Charter or Constitution.

In the West, Civilians believe their Government controls the military and police power of the State.  Western Government rules people who have come to be conditioned by “the rule of law.”  The pragmatic and primary meaning of that term indicates a population who has for the most part come to expect each other to obey the law and believes government and corporations also for the most part obey the law.

The terrible failures of government in Northern Ireland and in Kosovo are examples of society’s who have had and lost the culturally stabilizing influence of the rule of law.  Decades of bloodshed and the senseless killing of innocent people later, the rule of law is under reconstruction as local confidence in government’s willingness to obey it’s own laws is slowly established.

When Government and the color of law is used as a weapon against the enemies of cultural minorities running government, the harm done is so great as to warrant a unified global response as occurred in Kosovo.

A properly functioning government operates as a delivery system of services and government goods and tends to be neutrally delivered to all parties as appropriate if properly managed.

Weak or absent management tends to result in various inside cultural minorities competing to gain control of the organization which can lead to incompetent management and a deterioration in the delivery of goods and services.

In extreme cases the inner-cultural overthrow of management and mission could ultimately lead to formally dissolving the organizational through bankruptcy or sale to another company, or to the violent or non-violent overthrowing of gangster government as the case may be.

So we can see government is a State apparatus that handles the day-to-day business of governing people and territory.

The leaders or directors of that government may come and go through general election or may be hereditary; leadership may pass on through violent overthrow or leadership succession may be secret and rule through the threat of immediate and deadly violence quieting dissenters with a promised threat against their entire family for speaking out; but leadership has a separate interest from the governing operations they lead.

The Nation State is made up of the people, the government organizations and the leadership that constitutes by international diplomatic agreement a Nation State.  Every leadership group does not gain international recognition and diplomatic relations and some territories with the name of a nation have no legitimate and recognized governments.

More soon, so stay tuned for the next post on “What is Government, (to be announced, wait for it…) (#3 in a series)…rgj

What is Government and Why doesn’t it do what it’s supposed to do? (#1 in a series)

August 7, 2011

Does Government have “Rights?”  Has Government become a political party, the Party of Government?  Current Events offer us clear insights if we can see past the clutter of conflicting characterizations ‘about’ current events and locate among that emotional-clutter the nuggets of structural information that will inform participants in the discussion on Government.

We have expectations, each one of us do, about what the government is and what it should be doing and we tend to believe everybody else already understands what we understand, then we rant about what we think is happening and this is where our inter-personal and inter-societal dialogue begins to spiral into “clusterfuck,” an Organizational Dynamic’s Term that needs no further explanation.

People don’t have a clearly defined idea of what government is and we don’t trust what somebody else thinks government should be (it means something different to everybody who has an opinion) so how can we understand what is happening in the relationship between government and people all around the globe right now?

Is America the Government and it’s Military and Police Force or is America the people they govern?

Is the Government those we elect or do they control the government?

Is Syria the Government of President Assad with his military and police power or is the nation the people who live and work there each ruled by the authority of the government?

What purpose does this institution we call “Government” have and what is happening to it in modern times (August 7, 2011)?

As the Syrian Government “cracks-down” on non-violent dissent creating violent self-defense by the people of Syria, some questions become pressing for each and every human on the planet.  The global Human family is in crisis and this is but one symptom.

Elections are announced at the same time the Syrian National Military is occupying several city’s and killing thousands of their own citizens with Tanks and heavy armor to keep the current political leaders in place.  Is this pretense of a legislative and executive government elected by the people supposed to stand in the face of obvious contrary evidence?

Is the purpose of Government so vital to the people and the Nation that violent repression and killing of those who disagree with government authorities is reasonable behavior for a Sovereign Nation?

Can you think of a legitimate reason to use government force to suppress the free exchange of ideas between people, especially with people who disagree with governmental results and it’s impact on the people they rule?

Can any common-criminal claim government sovereignty and simply kill those who disagree with them to force an entire nation to submit to the leadership’s (or Political faction’s) domination?

But the most important question now is how long can International Relationships and a Globalized Economy continue to conduct business as usual with thinly-veiled criminal gangs running entire Nations, criminally misusing internationally sanctioned National Government Authority?

In the next few posts we will explore this “problem-cloud” and try to sort out what government really is as a function and how it operates under “normal” situations, then we can look at and understand possible solutions to some of these pressing problems.  Please stay tuned for the next Post on “What is Government- (to be announced, wait  for it…)? (#2 in a series)”

Open letter to Florida Rep. Mica concerning the meeting of the federal St. Augustine 450th Commemoration Commission, set here in St. Augustine on Monday, July 18th.

July 13, 2011

Dr. Robert Hayling, D.D.S.

Dear Rep. Mica:

I am urgently writing you about the meeting of the federal St. Augustine 450th Commemoration Commission, set here in St. Augustine on Monday, July 18th. On June 27th and July 11th, I learned from our St. Augustine City Commissioners and from City and Department of the Interior staff that:

1. No African-Americans are scheduled to make presentations to our 450th Commission – the only presenters will be you, Rep. Mica, Secretary of the Interior Ken Salazar, our Florida Secretary of State and historian Kathy Deegan. In summary: five presenters, four men, one woman, all white. This is unacceptable. This lack of diversity is contrary to the genius of a free people, and is contrary to the vision of Dr. Robert Hayling, D.D.S., who noted the lack of African-American participation in planning for St. Augustine’s 400th commemoration and called for greater participation for our 450th commemoration.

2. No public participation is planned –none at all — citizens are only invited to be spectators. Democracy is not a spectator sport. Local residents, including the President of the Lincolnville Neighborhood Association, have requested time, only to be treated diffidently and with disdain by the United States Department of the Interior.

3. Only a two-hour meeting is set – a “photo op” generally devoid of substance, which borders on waste, fraud and abuse under the Inspector General Act. The pre-meeting on May 24, 2011 discussed a two-day meeting, where real work would be accomplished. DOI officials unilaterally changed this plan. Why?

4. A lunch meeting for federal 450th Commissioners only is set for Markland House – even our four City Commissioners are not invited That is a violation of the Federal Advisory Committee Act (FACA). It is also an insult to our local elected officials, who are not invited as a group to attend.

5. Our 450th Commissioners are not scheduled to meet with our City Commissioners, either to speak or to appear on-stage (other than Mayor Boles, who is an appointed federal 450th Commissioner).

6. A DOI policy adviser claimed that the 450th Commission has “no jurisdiction” to talk about the proposed St. Augustine National Historical Park and National Seashore. No policy adviser is in a position to tell Ambassador Young, Senator Graham, or any other 450th Commissioner (or citizen) what they can talk about, in violation of our First Amendment and FACA rights .

7. The DOI Solicitor is planning to claim that the Commission is “exempt” from FACA because it is an “operational committee.” This is untrue, as the law creating the Commission excluded the Commission only from Section 14(b) of FACA, making clear that FACA covers the Commission.

The United States Department of the Interior is not faithfully executing our laws and is planning a PR disaster with your participation, but presumably without your informed consent.

St. Augustine residents are today contemplating our options – picketing, an Inspector General complaint and a declaratory judgment lawsuit under FACA.

Meanwhile, would you please speak of the need for a St. Augustine National Historical Park and Seashore Act in your opening remarks? See http://www.staugustgreen.com; attachments.

A St. Augustine National Historical Park and Seashore was first proposed 72 years ago last month, by U.S. Senators Claude Pepper and Charles O. Andrews and U.S. Rep. Joseph Hendricks, with support of St. Augustine Mayor Walter Fraser. Our 450th Commission needs to be open to this idea, to protect our history and nature forever, for your grandchildren, and their grandchildren.

I am sure that you will agree that Monday’s St. Augustine 450th Commemoration Commission meeting must focus on the park, (first proposed 72 years ago), allow the public to speak, and treat our local citizens and officials with the respect that we all deserve.

This is our celebration – citizens deserve at least the three (3) minutes we are afforded in local government meetings to speak to our 450th Commissioners on Monday. Failure is not an option.

Thank you.

With kindest regards, I am,

Sincerely,

Ed Slavin

Presidents control the White-house and have no control over what the 2 organized Mobs do in congress

April 10, 2011

Somehow President Obama is getting the blame for the failure of Congress to do their jobs and make a deal…to all of you confused people, Presidents control the White-house and have no control over what the 2 organized Mobs do in congress. When congress fails to make a compromise, congress is broke, Presidents either sign the new bill or veto it, he has done neither yet.