NSBNEWS.net videos by Sera Frederick.
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The City of New Smyrna Beach has settled a lawsuit with Bill of Rights, Inc., also known as NSB Shadow, by agreeing to pay $20,000 in attorney's fees to Edward "George" Beasley. The first video shows NSB resident Bill Koleszar doing the Shadow's bidding publicly. The second video shows the City Commission rejecting the settlement request three weeks earlier, which at that time stood at $30,000.
NEW SMYRNA BEACH -- The former city attorney sent out an e-mail Monday clarifying the city's position regarding a $20,000 lawsuit settlement he's receiving in "attorney's fees" in his representation of the city's chief Web site nemesis: NSB Shadow.
The Shadow, who is really Nahum Litt, a retired federal judge who lives outside the city limits in unincorporated Volusia County, boasted on his weekly Web site earlier in the day Monday: "THE CITY OF NEW SMYRNA BEACH HAS ADMITTED THAT IT HAS IMPROPERLY WITHHELD INFORMATION TO WHICH THE PUBLIC IS ENTITILED UNDER THE OPEN RECORDS STATUTES OF THE SATE OF FLORIDA. IT ALSO AGREED TO PAY THE PLAINTIFF, THIS NEWSPAPER, $20,000 TO SETTLE THE CASE.
At 8:10 a.m., NSBNEWS.net sent the Shadow an anonymous post stating: "Oh really. Prove it! The city admitted nothing. Show the public where there was an admission: Minutes of the meeting, videotape, audiotape, correspondence, something. You can't because it didn't happen. You were paid but there was no admission."
At 9:04 a.m., NSBNEWS.net received an e-mail from Litt's attorney Edward "George" Beasley, stating: "Please find attached the settlement agreement between the Bill of Rights, Inc. and the City. Judge Litt asked me to send it to you. Under the terms of the agreement, the city has agreed to fully comply with The Bill of Rights, Inc.'s public records request and the city has waived the fee for the documents. The city has agreed to pay the Bill of Rights $20,000 for its attorney fees and the cost of the suit. The city has admitted no wrong doing."
The P.R. spin by Beasley, former city attorney and earlier boast by Litt are offshoots of the City Commission's unanimous decision last Tuesday to settle the suit at $20,000 in attorney's fees to Beasley for his work on behalf of Litt, who has incessantly criticized city government over the last half decade.
Last month, the city balked at Beasley's request for $30,000 after a Volusia circuit judge ruled earlier this year that the city overcharged Litt and improperly redacted phone records requested of police Cmdr. William Drossman, who had followed the dictates of former City Manager John Hagood.
The city initially charged Litt more than $300 to look at the records, having claimed that he wanted to review them because he suspected the police commander had called "white supremacists." The phone record flap followed an earlier accusation that Drossman had sent out a racist e-mail regarding then-presidential candidate Barack Obama, but an outside arbitrator hired by the city to investigate the allegation cleared Drossman of any wrongdoing. Drossman, who is white, is an active member of the local NAACP.
City officials have maintained from the onset that Litt was on a fishing expedition, prompting first-term City Commissioner Judy Reiker to ask sarcastically if any white supremacists showed up on the bill. The answer was a definitive no from City Attorney Frank Gummey, who had initially recommended the city pay Beasley no more than $10,000.
Bouchelle Island resident William Koleszar, a close friend of the Shadow, had lobbied publicly that the city pay Beasley. But the commission initially balked at the idea on a 3-2 vote, even after first-term Mayor Adam Barringer suggested the city split the difference and avoid further litigation, even though Gummey was confident he could win on appeal.
Commissioner James Hathaway accused Beasley, Gummey's predecessor as city attorney of gouging. Commissioners Lynne Plaskett and Jack Grasty joined Hathaway over Barringer and Reiker. The newcomers had said the city shouldn't get into a potentially more costly situation for mistakes made by a past administration.
Gummey said the real bonus of the settlement was the further exoneration of Drossman, who has stayed above the fray.
Drossman said Litt's accusations weren't worthy of comment.