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I have established this blog as a means of transparency to the public, outreach to the community, and information dissemination to all who choose to look. Feedback is welcome, but because public participation is equally encouraged, appropriate language and decorum is mandatory.

Friday, December 8, 2023

One Way Communications are NOT a Meeting Out of the Sunshine



Lots of ignorance on display at last night's meeting to foment ill-will on the board and to create chaos on the fourth floor.

At the center of the circus was District 2 commissioner Mike Kohler and his secretary Steve Stoberger--who both utilized their position(s) to make ominous pronouncements, bloviate on ridiculous conspiracy theories, and level baseless allegations against me to score points politically.

The ultimate goal for them is to see the D2 secretary, Strohberger, elected to D1--where he will have to run against me to make that happen.  

Reminds me of the type of garbage the former D2 Commissioner and his secretary tried to do.  LOL.

Similar to these previous attacks and machinations against me from the former commissioner and the last D2 secretary---- these new ones by the new guys will not be successful either--because at the end of it all I have done nothing illegal--never have and never will.

One citizen, Glen Conrad ( a loyal acolyte of disgraced former commissioner Doug Underhill), also made some salacious, unfounded, and ignorant allegations that were baseless.

At the heart of the targed attack last night was their (Conrad, Kohler, Stroberger) pious "feeling" that an investigation into what they believe to be a sunshine law violation "needs be initiated. " They set aside the fact that all information related to this matter has already been provided to law enforcement as a part of at least two currently ongoing investigations and now two court proceedings, one of which focuses on  the much more serious criminal allegations that protected records were stolen in violation of  Fl Stat. 817.5685.  And news articles and other information was out last week--so folks are aware of what was put in the PNJ article, and the important officials that would investigate any allegations of sunshine law violations already know about what's happening-----Mike, Glen and Steve.

But what Mike, Glen, and Steve need to read is this:  One way communications do not constitute a violation of sunshine or a meeting out of the sunshine.  As I stated at last night's meeting--I've been at this work a while now, and have a plenary understanding of these laws and requirements, unlike Commissioner Kohler who is new and continuously displays this.  

A number of years back I hired a powerhouse Tallahassee firm to provide an opinion on just this topic--one way communications between board members and potentially using an internet website as an intermediary--with controls.  It is legal as long as responses are not solicited back to the sender prior to an in the sunshine meeting and as long as a record of what is sent is maintained as a public record.  From the  opinion I independently solicited, paid for,  and received:


In the case of the PNJ hatchet job that apparently triggered the trio of individuals last night to call for an investigation----the PNJ article itself demonstrates there was no chance the sunshine law was implicated.  They should re-read it S-L-O-W-L-Y. 

There was an admonition NOT to solicit a response, and the record of what was given was maintained.   Moreover--under oath the citizen to whom I was speaking about my redistricting plan said he has not delivered messages between commissioners, and there is no evidence he did so in this case.  Finally,  no response ever came back, no polling was done of board members, and an alternate plan was adopted at the regular, advertised meeting that followed a few days later.

Be upset about what you want, but be careful about making baseless, unfounded, and frankly ignorant accusations about me.  

As I said in the meeting, Mike is a nurse, I am sure he is much more adept than I at inserting catheters, cleaning bed pans, giving patients shots, changing linen, inserting IV's and performing spongebaths.  He's probably very adept at doing these things at doctors' direction. Good, I'm glad that is his specialty (I say this in no way to denigrate him or his profession-----my own daughter is a nurse!) 

However, with respect to local board politics and board dynamics with his action, recent votes, comments, and antics last night----------it appears Mike is tone-deaf and has much to learn about getting consensus on the BCC.  Even last night he ranted over something chastising the board and encouraging us to vote NO!--Then we turned around and without a single word of debate voted to approve the item which was wholly appropriate and necessary.

Mike just doesn't know how to read a room.  He's starting to rack up a lot of these 4-1 and 3-2 losses.

Luckily he and his secretary have a few more years left to learn.  Hopefully they'll get it sorted.

In the meantime, some may not like my responses to this one citizens last night, Kohler, and his secretary Stroberger----so be it.  When someone is trying to stick my head in a political gullotine with pious ignorance, ad hominems, and dubious, unsubstatiated claims--never be surprised if I defend myself aggressively.

In fact, you can count on it.  😃

8 comments:

Paying attention said...

They made fools of themselves last night. They don't even know what Gerrymandering is.

In my opinion the only thing that could be challenged would be the D3 boundaries however you all were still honoring that last legal directive from the past.

No one will have the appetite to deny that may still be an honorable consideration in your decision on redistricting.

It was voted on and decided.

Steven S. Ego was on display. He was pissed at the one D2 townhall also.




Paying Attention said...

How can Oct 1 text be a sunshine violation if you already way before Oct 1 made it publicly known.

Hint.

It isn't.





Paying Attention said...

How can Oct 1 text be a sunshine violation if you already way before Oct 1 made it publicly known.

Hint.

It isn't.


This has Underhill fingerprints all over it.

He would exclaim Barry was violating the sunshine law on ECW when Steve met with someone in his office to discuss something and people were all over it agreeing with him way back about 2016. Or 17.

He would use terms like meeting in secret.

I can't believe how gullible and stupid people are.

Of course on this, he chimed in recently on ECW encouraging people to do a sunshine violation and ethics complaint and apparently the rubes listened and acted. Like zombies -- Instead of using that as a teaching moment to research the law.







Anonymous said...

It is important to read the entire Sunshine Law. Not just excerpts. Sophisticated and intelligent individuals do not quote "only part of a provision in a law or policy" when that standalone wording would make someone believe that a certain action (asking someone to deliver a one way message to another commissioner) is legal. Below is the pertinent part of the Sunshine Law that the investigative board understands.....and ultimately others involved and affected will understand....

***"Accordingly, any “one- way” communications (for example one board member wants to forward an article to the board members for information) SHOULD BE DISTRIBUTED BY THE BOARD OFFICE SO THAT THEY CAN BE PRESERVED AS PUBLIC RECORDS AND ENSURE THAT ANY RESPONSE TO THE COMMUNICATION IS MADE ONLY AT A PUBLIC MEETING."***
Obviously, David Bear doe not work as a Board Office clerk. Efforts to communicate to other commissioners in a way that circumvents the specified way in which the Sunshine Law says ONE WAY COMMUNICATION must occur, is almost certainly a violation that the investigative board will not be able to overlook - even if they wanted to. This is basic legal knowledge that every pubic official in the USA should know (and operate within).

RULE FOLLOWERS read the rules and FOLLOW the rules, rather than just CLAIM that they are rule followers.

Everyone should walk the walk, talk the talk, and fully expect that everything they say, do or WRITE is going to "ultimately" end up in the PNJ or a court room.

One more thing. Demeaning the professions of hard working folks like pig farmers and nurses is generally a very bad idea and makes the author look very small. Such actions certainly match one psychological profile (significantly low self-esteem and deep seatedly insecure individuals). If you know much about this psychological profile, you also know that most sufferers NEVER can change their traits and responsive actions. They have "survived" by believing they are truly always the victim and they wake up each day "needing" to "elevate" themselves by "putting someone else down". One very tell-tell sign that someone is suffering from this illness is that they use totally unnecessary and inappropriate language and descriptives of their "enemies" (aka anyone who disagrees with them). It is estimated that less than 5% of such afflicted individuals ever come to grips with their illness, and most simply never properly and fully (and on an unbiased basis) adequately evaluate their own daily behavior. Thus, they stand a very small chance of overcoming their illness. These people are able to maintain long-term relationships with a "very limited" amount of people within their realm. And those limited individuals are almost always (if not always) people that rely upon an on-going relationship with the afflicted, from a financial, emotional, or both, basis.

Anonymous said...

Hello commissioner, what do you think of the concession that Mr. Hemmer made in regards to the OLF 8 site? Has your stance from guarded optimism changed? I would like to support a town center and request your assistance in turning this land into something special for the citizens of Beulah. Thank you. Also, can we update the tennis courts at the Beulah county park next to the equestrian center. Navy federal recreational center seemed to miss the memo on tennis and built pickleball only!

Anonymous said...

Wow! The meeting on Thursday was different. I never served in the military, but to have your aid come and bless out a commissioner seems unprecedented and shows no control of his staff or any respect for decorum. I can't imagine having an employee of mine do this if I were their elected leader. It looks like Kohler can't control his staff. I mean, a Navy Captain can't control his aid who is upset about an email from a year or so ago that has nothing to do with anything. My jaw hit the ground when I saw that.

Then Kohler said he's sending a letter to the District Attorney asking for an investigation into the commission about sunshine law violations seems like an act of war against his fellow commissioners. Obviously, the DA knows what the PNJ reported and there is a lawyer in the story who says she thinks there is an issue, but it was sort of a weak explanation, so it seems she is a hesitant hired lawyer to answer the way the PNJ wants her to answer. That is not very convincing or credible. But, I thin k the DA knows if she can prove a case or not without Kohler's input. It seems he's seeking media coverage as this information is already known. It's not like the DA will be like, "Ok, had no idea about all of this," as it is in the news. I assume this is just back door innerworkings by Kohler to kick his fellow board members. I do not think this helps anyone or the public. No hard feelings, though.

Jeff Bergosh said...

Others have expressed the same disgust. (PART II) Here's what's important to know: D2 Secretary Steve Stroberger speaks for himself only, not for the county and not for the Republican Executive Committee or the Republican Party--when for his personal political expediency only he blabbers and stammers at the podium with outlandish allegations which are baseless followed by calls for my removal from office. It's all a political hit, designed to gin up a hatchet piece in the PNJ which they knew would follow, to potentially score a political right cross to my face politically, metaphorically speaking, in the court of public opinion. That's what this is, was, and will probably be up until August 20th. So be it. Meanwhile, I continue to find it fascinating that suddenly "pious" Kohler says he's "obligated"? to ask for an investigation into this PNJ piece alleging an out of the sunshine meeting? This hatchet job by the garbage factory known as PNJ was built utilizing unverified, manipulated files that were stolen from the county, theft of which is currently being examined by multiple agencies. And even if found to be true, such meeting would be non-criminal or potentially, possibly a misdemeanor at worst. But just a few short weeks back, I requested county action the right way, via a board vote, to seek to retrieve stolen county files that contain personal identification information on 12 county citizens in contravention to state laws that--where unauthorized possession of such files is a Felony. Several individuals, to include former D2 Secretary Jonathan Owens, have admitted possessing these files publicly in the press. When the vote to authorize was called, after compelling reasons were presented, Kohler protested and said some gibberish gobbledygook about "the court action being a lack of government transparency!!!" as he lost another 4-1 vote and the board voted to seed retrieval of the stolen property. So yes, anonymous 2:20, you are right. Kohler has lost apparently lost control of not only his employee, but apparently also his ability to discern a clear Felony issue which should be addressed from a no-evidence allegation of a non-criminal allegation that did not need or require his nonsensical bloviating. More to come on this.....

Jeff Bergosh said...

(PART I) 2:20--Your assessment is spot-on. It was a calculated, coordinated hit on me by one commissioner, his secretary (who's currently running a shadow campaign for my seat), and one citizen (who himself is a rabid acolyte of disgraced former county commissioner Doug Underhill and ally of Stroberger and Kohler). Three people. Out of 340,000 citizens in Escambia County. Ho hum. Meanwhile the D2 commissioner, Mike Kohler, is very well aware that Stroberger is running for my seat, as is most of the 4th floor, because Steve Stroberger himself (Kohler's Secretary and currently a county employee) has widely made it known he intends to run against me for the D1 commission seat; he's been making the rounds on the fourth floor, he's asked attorneys in the County Attorney's office if he "really has to resign to sign up to run against Jeff Bergosh", to which he was told, "Yes." I'm also told Stroberger has made inquiries of local campaign check writers downtown about their level of potential support for his candidacy, to which I'm told he received a tepid, flaccid response. So yes, he's currently making feeble attempts at running a shadow campaign for D1 commissioner--with complete support from his boss Kohler. Perhaps Kohler should demand an investigation of that---as last time I checked you must register at the SOE's office to start fundraising and campaigning? I wonder if the new "paragon of virtue" Kohler will be so discriminating on what's happening in his own office currently? Probably not. Meanwhile, he speaks for himself, not for the board, with his outrageous, embarrassing spectacle of a "demand" for an investigation. One administrative employee said to me, after that spectacle, that he was embarrassed and had never seen such a disgusting stunt pulled in a public meeting by a sitting board member in decades. Decades.