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| People can say or do what they want, but there are consequences to face for taking actions against legal advice and that unilaterally usurp the board, the "client" from deciding on whether or not it wishes to release key documents that are privileged...... |
I've now been contacted by numerous individuals who appear to be in possession of documents that are privileged and that pertain to ongoing litigation (albeit in the waning stages) between the county and ECUA over the Innerarity water/sewer debacle from 2014--today.
The documents in question are the transcripts of the then Board of County Commissioners' shade meetings, or "executive sessions" that pertain to the litigation strategy the board would pursue (or not pursue)as it struggled to contend with the abandoned utility at Innerarity--and whether or not joint receivership in the courts would be sought by the BCC--forcing ECUA to jointly share the BURDEN of taking on this water/sewer utility that went belly-up.
Upon receipt of these transcripts, our attorney admonished all board members that these documents were confidential and not to be released to the public. Her exact quote in her email sent to board members containing these transcripts was as follows:
"CONFIDENTIAL RECORDS ATTACHED
Commissioners,
By request, attached are the transcripts of the
attorney-client sessions related to the receivership of IIDC (Innerarity Island
water and sewer). The litigation is still open and is not expected to be
concluded until after the transfer to and acceptance of the sewer system by
ECUA. Thus, these transcripts are CONFIDENTIAL until the conclusion of
the litigation (per section 286.011(8)(e), Fla. Stat.) and should not be
released or shown to the public or the media.
Separately, I am gathering a timeline for you from Legal’s
perspective, and I assume some other departments may be doing that as well.
Please do not reply all, but get directly with me if you
have questions or concerns.
Alison"
At a subsequent meeting, I even asked county attorney Alison Rogers, point blank, if a release of these documents would constitute a breach of ethics, to which she responded "Yes." (minute 3:33-5:00 of this video)
As one board member, I felt it may be helpful in this instance to release the transcripts---as I was not on the board at the time and the transcripts would shed light on the thought process that led the board to take the action it took back then. But I was told I could not and I was given the reasons why and I totally understand and concur that it is inappropriate for any one (1) commissioner to release these. Only the "client" can voluntarily waive this privilege and release these records. In this instance, the "client" is the full board, not one (1) individual member and part of the client.
Disturbingly, it appears as if a member of our board just decided unilaterally to release these documents and did so.
This was a mistake.
Now, it weakens our bargaining position with ECUA on not only this project, but others as well.
These documents were classified for a reason, and as our attorney advised above--should not have been released. So we will see what happens now as a result.
Commissioner, is there any legal ramifications for the one (1) member who released these documents? Is doing so a violation of State Statute that could result in either criminal or civil charges? If not, doesn't that indicate that at most a slap on the wrist is all that could happen to them? Just curious if the goal is punishment or admonishment.
ReplyDeleteNow, if my assumption on which member did this is correct, then I would prefer there be a criminal charge levied against that individual. But then I would expect that individual to ask the Board to pay for his lawyer fees...... Go Figure
Underhill spills the beans. Why does the board condone him. You must be with him.
ReplyDeleteGuess who the Frog is in this tale:
ReplyDeleteTwo Birds and a Frog
“There was once a frog who lived in a pond. But, poor frog, his pond was drying up. If he didn’t find water soon he would die. The frog heard of a stream just over the hill that was full of lots of water.
If only he could get there. But, how could he? His short frog legs could not carry him so far away.
So the frog came up with an idea. He convinced 2 birds to carry either end of a stick then he would put his mouth around the stick in the middle and hold on tight until the birds flew him over to the other side. Smart thinking Frog!
As they flew in the air, everything was going well. He had good jaws and was able to hold on tight. It was a pretty strange thing to see — two birds and a frog flying through the air.
Looking down, they saw a cow in a pasture. The cow was pretty impressed at what he saw in the sky and yelled up to them “Now, who came up with that idea?”
The frog heard the question and couldn’t resist replying “I diiiiiiid” as he fell from the sky.”
ECUA should have taken it. They were formed in 1981 to do this. Get to the bottom of it. It should have never been put on an MSBU-- should it? Who got to Jack Brown?
ReplyDeleteJust who is behind ECUA NOT doing their job. They can file for grants. How can they refuse it.
Century who in D5 is handling the STATE PRIDON IN UNINCORPORATED --D5 needs to wake up.
It is not a town of Century problem.
http://escambiacountyfl.swagit.com/play/09112014-546?fbclid=IwAR3l1rpvUZD2RUKZY0mE7t42P7OeF7mWbNT1ByCriH2OFZ9xbZnXEOSSI9o
Underhill leaked the Project Fisher confidential economic development project,(Bingo Markers) most likely leaked the DOH complaint and caused the problems for EMS, urged medical Director to get herself neck deep in litigation and so on. Now he is on ECW and PNJ facebook still typing away. He has a new photo on his commissioner page. Be healthy-- Be Clean etc..maybe he should BE QUIET.
ReplyDeleteBottom Line ECUA was formed to take responsibility for the disposal of sewerage, garbage and water. Hold their feet to the fire. That is the Big and only story. Its not a D1 D2 election via Facebook groupie opinion. ECUA is there for a reason, and a public purpose.
ReplyDeleteI know you like getting along and that but the real story is they need to do their job and file for their own grants. 1981. Look it up. You can kiss up to Ms Vick all you want. They need to do their job.