TRESPASS WARNING AGAINST HOMEOWNER RESULTS IN ACLU-INTERVENTION

WRITTEN BY: CHRISTOPHER MIMS Managing Editor - condocommunicator May 20, 2009 The Shores Communicator has received a copy of a letter that was received by a Shores homeowner, currently under a trespass warning preventing him from access to the Riverview Club facilities. The trespass warning was issued within days of the homeowner uncovering election tampering by the Service Corporation Election Co-Chair as well as a police report filed against the community General Manager by the homeowner's wife. Some of the details contained within the letter have been withheld for legal purposes. American Civil Liberties Union Northeast Florida Regional Office 4830 Atlantic Boulevard Jacksonville, FL 32207 May 8, 2009 Dear Mr. XXXX This office has been forwarded your complaint regarding a Civil Rights violation. After reviewing your complaint, dated April 27, 2009, it is our initial opinion that the trespass injunction that you have received is unlawful under both the Florida State and United States Constitutions as well as Florida State law. It appears that your rights under the United States Constitution, specifically, the First Amendment, Right to Peaceably Assemble and the Fourteenth Amendment, No state shall deprive any person of life, liberty, or property, without due process of law, have been violated. Although it is not the position of the ACLU to involve itself in localized community disputes, it is the involvement of the St. John's County Sheriff's Department in this localized community dispute that is our concern. The community association's involvement in this case will be reviewed only to the extent of determining if collusion, factual misrepresentations or malicious prosecution claims were met in determining the actions of the St. John's County Sheriff's Department. Furthermore, an arrest under the trespass injunction would constitute an unlawful restraint as well as wrongful imprisonment under the guidance of both State and Federal law. Any further impedance on your Constitutional rights should be forwarded to this office immediately. Your case number is XXX-X-XXXXX-XX. Please provide our office with the following information and a list of all parties a subject thereto. Additionally, please reference your case number with all future correspondences. Sincerely, Name and requested information has been withheld.

Right In Our Own Neighborhood

Imagine if you will, that you are the victim of harassment. Now imagine that the very person harassing you causes your job relocation, in an attempt to “avoid” the harassment from continuing. Imagine again that this person follows you to the new location and offers a repeat performance. What would you do?

Everyone hopes this never happens to him or her or to anyone that they know. How would you feel about contributing to the harasser’s legal fees along with each and every other person in your community? Would you pay for an attorney to defend the very person harassing you!

 This very situation is real and the harassment is happening to a homeowner in the Shores by the very person charged with managing our community. Not only has our community manager, Joseph H Smith, III caused this quiet, friendly woman and her family emotional distress, and financial burden, but he has also caused a myriad of additional problems. This is all possible because this individual believes in fear and intimidation to get everything that he wants, and is supported, with the help, of our very own board of directors!

 Mr. Smith is also ‘under investigation’ for additional violations, discrepancies and other acts, while employed as the general manager of our quiet community. The Florida Department of Business and Professional Regulations (DBPR) will determine the innocence or guilt of this person. If we can’t trust Mr. Smith with our community’s management, do you want him affecting your own personal health and safety?

(View the status of Mr. Smith’s License at https://www.myfloridalicense.com/viewcomplaint.asp?SID=&licid=1376615)

Aside from the DBPR investigation, Mr. Smith has recently received documentation from a major grocery chain’s Legal Team, the business in which the stated victim works, demanding that both he and his wife refrain from shopping at the victim's work location, in addition to other demands. Documentation was also sent to the Shores’ attorney, Mr. Russ Klemm, the attorney whom attended the Annual Meeting. This attorney’s hourly rate, as stated by him at the meeting, is $225.00 per hour. 

Why does this matter to you? Guess who is paying this legal bill, and others pending, which could very well add up to Special Assessments OVER $3,000.00 PER HOMEOWNER!

ALL OF US

I don’t know about all of you, but I cannot afford this additional personal expense!!

Why is the Shores Service Corporation allowing an employee use of the corporate attorney on OUR DOLLARS?

This employee, Mr. Smith, perpetrated these actions against the victim on his OWN time, not on company time, and was allegedly, according to the store attorney (along with videotape surveillance, victim’s statement, numerous employees and store management) with his wife at the time of the crimes. Would you expect YOUR boss to ante up lawyer fees to defend you for a crime committed outside of your scope of business and after work hours? I wouldn’t think so. So why are WE paying for Mr. Smith’s legal bills and bad behavior?

Why am I writing this? Because I made you all a promise, while campaigning for a seat on the Service Corporation Board of Directors, that I would watch out for our community and the people who live within it. This unilateral decision by our Service Corporation President, Mr. Jerry Zinn, to provide what is essentially FREE legal counsel to Mr. Smith, is not only egregious, but also despicable and irresponsible.

I urge you all to contact Mr. Zinn and let him know that YOU WILL NOT PAY for this!

I would also urge you to make the time to attend the next Service Corp Board of Director’s Meeting, The date is Thursday, June 11, 2009, 7:00pm at the Riverview Club,

WE CAN RIGHT THIS WRONG IF WE ALL GET INVOLVED!!

Please don’t allow this to become an added burden to our tight operating budget. 

This and other decisions that are being made WILL COST US ALL MORE MONEY unless we speak up…it’s a reality and it’s inevitable. I cannot afford it…can you?

email: theshoreswatchdog@yahoo.com.

Welcome to The Shores Watchdog

Welcome!

The Shores Watchdog is a site for the Saint Augustine Shores community and its residents to aid in helping them be informed and aware of the following:

1. Synopsis of Past Board Meetings (along with audio and video)
   
2. Breaking News
   
3. Schedules of known Meetings to be held
   
4. Input from residents
   
5. Helpful Links
   
6. Much more!

Synopsis of Board Meetings are my personal summary of events which happened and are the truth as experienced first-hand. Feel free to leave comments, however, inappropriate and vulgar comments will be deleted. Your input is important to keep your neighbors informed. Harassment of any kind will not be tolerated and will be handled as per the authorities, depending on the nature of the threat. If you wish to contact me personally: email: theshoreswatchdog@yahoo.com