Saving Tens of Thousands of Taxpayer Dollars (And Doing the Right Thing) Is the Public Purpose Served!

Defending employees wrongly accused of misconduct in the course of their employement while simultaneously saving tens of thousands of dollars in legal bills is always a vote and an expenditure of funds that serves a valid public purpose and that also is a lawful expenditure by the BCC

Not surprisingly, a blazing front page piece in today's pre-holiday PNJ completely misses the mark.

And it misses the point.

The purpose of the piece this morning is to vilify the BCC, former paramedic employee Matt Selover, and our attorney, and to lionize clerk of the court Pam Childers and our former medical director.  

This is accomplished via snippets of emails thrown into an article, adorned with subjective assessments of issues that were swirling around the EMS division at the time of this settlement vote-- where these snippets used by PNJ are not properly contextualized.

On its face and as presented, it doesn't look good.  That's the point for the PNJ.

But once the onion is peeled and all the facts are known, the rationale for the BCC's vote to pay Matt Selover's $6,900.00 fine is readily apparent to even the most casual observer/reader.  That is why the rationale, the basis for the payment vote by the BCC appears nowhere in today's hatchet piece by Jim Little.  But there is, was, and always has been a searing, unflinching and completely rational reason "why" the board voted to pay the fine-----it DID serve a very valid public purpose.

Saving tens of thousands of taxpayer dollars (and doing the right thing) is the public purpose served!

Here is the story behind the story you will not get in this garbage pile article this morning in PNJ.

Former Escambia County Paramedic Matt Selover was railroaded on trumped up charges, deprived of due process, deprived of pay, unfairly demoted, and vilified and bullied by a former employee that made it a habit of doing this to folks with whom she disagreed. Along the way, this meniachal former employee that attempted to ruin Selover's career threw a host of allegations at a raft of now former employees with whom she had various beefs with during her short tenure.

At the end of it, all but one of the 6 now former EMS personnel this former reckless employee fingered and attempted to ruin---all but one were never prosecuted.  5 of 6 have clean records and have not been convicted of doing anything illegal---even thoughtheir collective lives were turned upside down and careers were damaged. (we're still cleaning up the mess caused by this whole episode, paying another $90K settlement to another wronged former EMS employee at our last meeting)

In Selover's case specifically--the evidence was OVERWHELMING against the county and the way the county treated him.  It was so overwhelming and blatant---- the horrible way he was treated--- that the county's own outside counsel and insurance adjuster BEGGED the county to settle for $200,000 because they estimated a jury award to Selover could have exceeded $800,000.  They also acknowledged the county would likely lose a suit if it went to a jury due to the overwhelming evidence pointing to the horric way Selover was treated by EMS staff, HR, Public Safety Supervisors, and the former County Administrator.  It was a disaster for the county.

So we settled with Selover over his due process lawsuit and we did so with insurance money, not tax dollars.

But even after the settlement, there was a DOAH administrative complaint that Selover was fighting based upon the charges levied against him by the county's former medical director.

IMPORTANT:  The county owed an obligation to defend him (Selover) in this matter and to pay his legal bills if he prevailed at DOAH, and therefore we would have been on the hook to do so had the matter at DOAH proceeded all the way through the hearing process.  We settle things all the time, all day every day, to avoid geometrically increasing legal bills.  No difference in this case.

The medical director levied multiple charges and accusations against Selover.

An expert witness, a more experienced and well-respected Medical Director, wrote an expert opinion disputing every single allegation made against Selover, one by one. Expert witness against expert witness.  

And to sustain a sanction at DOAH, the evidentiary standard that must be met is "Clear and Convincing."  

So had the hearing at DOAH continued forward, it is highly unlikely that Selover would have faced a sanction because the evidence against him by a doctor was disputed factually by another doctor.  Add to this that testimony would have been entered on behalf of Selover about other employees targeted by the former medical director and how those allegations never materialized,---and most believe there is no way he would have faced a sanction.  It would have dragged out though.

And the one sure thing is that the legal fees would have kept on going, up and up like a hot air balloon.  It could have cost taxpayers $30, $40, or $50K more.

Instead, Selover graciously accepted the deal for $6,900--- in which he did not plead guilty to anything and which also allowed him to keep his license and move forward with his career in a neighboring jurisdiction.

Selover's  acceptance of the deal and the concomitant savings in legal fees to the taxpayer that accepted deal enabled IS THE PUBLIC PURPOSE which formed the basis for the payment by the BCC.

He'd been wronged by the county, a $200,000 settlement had been made, the atrocious way his due process was withheld and the damage to him personally would have also influenced this decision at DOAH--it all would have factored in so it was most appropriate for the BCC to pay the settlement to completely make this former employee whole.  I am proud I voted to do it, I would do it again in a heartbeat, because it is and was the right thing to do.

We have to stand by our employees when they are bullied, targeted, vilified, and wrongly accused by rouge employees.  Always.  Sure, lawyers are human and make mistakes, and sometimes they reverse their opinions as our attorney did when she advised us that to make the payment "lawful" we (the BCC) had to vote it served a public purpose.  Which we did, and which payment DID serve a public purpose.

Jonathan Owens Wants County Taxpayers to Fund His Legal Defense in a SECOND Matter He is Facing....

Former county employee Jonathan Owens, who worked for disgraced former commissioner Doug Underhill as his office secretary, has now sent the county a second request for taxpayer funded legal defense for a second matter he is apparently defending.  

He (Owens) sent this latest request in an email to Administrator Wes Moreno and County Attorney Alison Rogers yesterday evening at 6:30.

In the email he sent he describes this latest issue as some kind of new complaint that he is defending, and he references recent communication(s) with an "investigator" over this issue which he believes necessitates another taxpayer funded legal defense.

As I said in an earlier post when Jonathan Owens requested the taxpayers foot the bill for legal problems he has brought upon himself by unlawfully possessing personal identification information on five or more persons to which he is not entitled------------why should he be entitled to this?

I mean, when he proudly admitted reading, keeping, and disseminating personal identification information unredacted on five or more persons on Tallman McKay's Radio Show in August and also in the PNJ---he said he didn't need "no stinkin' lawyer" then!

Why does he think he's entitled to one now?

I don't think he'll get three votes for this, I don't think the taxpayers should fund his activities that appear to be criminal and NOT at all related to his former job as Doug's secretary.

Important Factual Details Must Not Be Overlooked, Part I

As we saw in the last meeting of the Board of County Commissioners where one commissioner, his secretary (who wants to run against me for my seat with the blessing and support of his boss), and one citizen (an ally of the current D2 commissioner and his secretary--as well as the former D2 commissioner and his secretary) teamed up to create a ruckus, a political stunt aimed at damaging me and creating a splash in the press---some important details never made it into the subsequent reporting on this issue.  Not surprising.

But important details must never be overlooked. To do so by one's political opponents is to be expected; to do so by the press is disingenous at best, deliberate and intentional with actual malice and in a false light at worst.  

So here is what is important for folks to know, in granular, factual detail.

1.  County records were stolen, this was investigated by the county, and is being investigated by Law Enforcement Authorities currently as I write this.

2.  Some of the records stolen are indeed bonafide, releasable public records.  However, many (if not most) of the files stolen and inappropriately disseminated are not public records and would never be released or released unredacted under any public records request made of the county, ever.

3.  The records within the stolen file that are bonafide public records were not requested of me by the lawyers representing Dr. Rayme Edler--otherwise they would have been provided.  We learned subsequently these texts were not requested because these lawyers opposing the county had already been provided this file by Jonathan Owens, unredacted, and outside of the discovery process in that case.

4.  On June 5th  the county attorney proactively reported this theft of files directly to the state attorney once it was determined that records had been stolen, disseminated by former employee Jonathan Owens unredacted, and subsequently possessed unlawfully by multiple individuals and entities.  

5.  An investigation into potentially criminal misconduct associated with this episode was launched and both the county and I have cooperated every step of the way.

6.  Florida Statutes, specifically 817.5685, provide that mere possession of another's personal identification information, unauthorized, is a misdemeanor.  If the unlawful possession by a person includes personal identification information on five or more individuals, it is a Felony.  The information within the stolen files contains such information on more than 5 persons.  A total of 23 citizens' information is contained in the stolen files.  Cancer diagneses and prognosis, medical information, personal identification information, and reams of files that would be unlawful to release.

7.  There does not appear to be an exception to this possession of personal identification information law allowing for the media to possess such information. (e.g. what specifically within 817.5685  would allow for the PNJ to possess the Driver's Licenses and Passports of my wife and children who are not even public figures?  What exception in that law allows the PNJ to keep my daughter's bank account number?)

8.  On June 14th County Attorney Alison Rogers, County Administrator Wes Moreno, and I met in my office with law enforcement investigators assigned to look into the unlawful theft of the property from the county and any other associated crimes.  The County and I personally signed a release on the spot allowing unfettered access to these files to investigate ANY crimes associated with these files by law enforcement.   (I have asked for a releasable copy of this signed waiver and would have published it here, but I have been told by law enforcement this is not releasable yet, until the investigation has been formally completed)

9.  I also provided my copy of my complete, unadulterated iPhone Download contained on a stick drive I had in my safe to law enforcement investigators as well----months ago.  And I consented--- by voluntarily providing this file--- for them to search it for any evidence of ANY crime.  I have nothing to hide, there is no "there" there as I stated at the last meeting.  

10.  An analysis of my downloaded phone file that I provided to law enforcement, originally produced in  February 2022, is an exact match of the file that law enforcement retrieved from the county's computer systemf a year and a half later in June of 2023--the hash files are identical.  This has been verified to me by the principal investigator in this case.

11.  I have also been told by law enforcement investigators that my file that I provided to law enforcement is NOT  an exact match of the file that Jonathan Owens provided to lawyers for Dr. Rayme Edler.  The hash files DO NOT Match, the original file has been manipulated.  This has been verified to me by the principal investigator in this case.

12.  The County's replevin/conversion  civil lawsuit for return of stolen county property from other entities (Jonathan Owens, Alex Arduini, Gannett, and others potentially via follow on amended complaints as necessitated by facts obtained in the soon to commence depositions in this case), authorized by the BCC via a 4-1 vote, will enable a comparison by law enforcement of the unadulterated county file to these stolen files

Where is the Replevin Case Going from Here?

Is the media always right?

The judge assigned to the County's Replevin/Conversion civil suit  against Gannett, Jonathan Owens, and Alex Arduini (and potentially others as discovery, interrogiaories, and depositions proceed) has now put forward a case management report, detailing an initial roadmap for how the case proceeds from here.

Interesting that it appears, from this initial case management report, that the case will continue into August of 2025.  I'm told this sort of a document is standard and is subject to change and revisions as the case progresses.  In speaking with multiple attorneys on this matter, I am told that it is a novel area of law--replevin of data-- and there is a lot of research to be done.

The Gannett motion for dismissal was filed as well, in addition to the assignment of an attorney for Jonathan Owens.

It will be interesting to watch how this proceeds and how the parallel investigation into the theft of the files from the county and the associated crime of multiple individuals' possession of personal identification information, which appears to be a Felony as the information possessed unauthorized contains records on more than 5 individuals, intermixes with this civil trial.

A lot of people believe the media can do anything they want, anytime they want, to anybody they want with reckless abandon and disregard for the truth and regardless of damage their actions cause.  After all, who holds them accountable?

Maybe they are right?

I believe that is too much power to give to anyone, even the media.  Others agree.  

Meanwhile that question simmers as this case is simply about retrieving stolen property.  People still have to answer questions though, under oath, so who knows what additional information comes from this civil case and bleeds over into other cases and investigations?  Remember, don't lie under oath in this case, or to investigators in another parallel investigation......

Back to the media's unfettered right to do anything they want----I don't know the answer to that question but I did follow the multiple lawsuits filed by one student against the titans of media for a combined total of nearly a billion dollars for the media's feckless, reckless, inappropriate way they collectively distorted the truth about what happened at a Washington DC rally in 2019.

Interesting that one by one, multiple media companies settled in that case, and of particular note. each settlement in that affair contained terms that were "confidential" .

The media also paid a large settlement when apparently baseless assertions about the accuracy of voting systems from one company were spouted by at least one large cable news network.  They paid a large settlement for the damage they caused in that case, too.

So sometimes the media don't get everything they want.  Sometimes they lose.

And I know this: most in this area have a negative perception of the PNJ and the PNJ know it.  Garbage like this current situation reinforces that sentiment, demonstrated also by PNJ's diminishing subscriber base and their associated revenue losses.

Gerrymandering?

Local Morning Radio Entertainment Host Andrew Tallman Mckay still doesn't know what Gerrymandering actually is...........Neither does Steve Stroberger, Mike Kohler, and/or their sycophantics...

Based upon Thursday's ridiculous spectacle of a meeting engineered by Mike Kohler's office secretary Steve Stroberger---a new "attack" they are attempting to level at me is that I have "Gerrymandered" my district.

He (Stroberger) is actually unhappy that the rushed 2021 process resulted in him being districted out of District 2.  

But that's the way it shook out, that's what happened.  It wasn't Gerrymandering though.

That fiction was disabused the last time it rearead it's ugly head on local radio fraud Andrew "Tallman" McKay's garbage morning show.  Read all about that here.

But here are the cliff's notes.  And, the context is important, too, Tallman, Stroberger, Kohler, and Conrad.  Pay close attention.

I wanted to wait, I did NOT want to rush redistricting in 2021, that is on the record and it is clear. Rather --I wanted to wait until 2023 in order to attempt to undertake the process without rushing and to do it right.  Doug Underhill demanded it be rushed and done in 2021.  He received support in that from the rest of the board--- so I reluctantly got to work and was able to pull it all together and work to get D1's part done..(Counties are statutorily prohibited from undertaking redistricting in even numbered years)

But make no mistake:  I voiced early and often, publicly, privately, on the radio, at workshops and BCC meetings-----that  I wanted to take back Perdido Key in the process (the 2001 boundaries) and  also I'd have to GIVE away precincts I had won in every election.   In doing so, I'd be taking  on precincts that Doug Underhill won.  That's not Gerrymandering, geniuses Steve and Tallman.  Do some basic research before you open your mouths with that garbage.

Gerrymandering = artificially manipulating a district for maximum political advantage.

NOT Gerrymandering = giving away precincts I had won in the previous 5 elections...

From my 2021 post on this topic--for your further edification:

"Apparently, at least one radio host locally is really unhappy with the D1 elected officials'  (Me, Kevin Adams, and Vicki Campbell) proposed re-districted map.  I've discussed this proposed map with each of them--my peer D1 elected officials--- on multiple occasions, and they are supportive of the draft map we completed on 10-5-2021.

In fact, in the week since the meeting I haven't received any negative constituent communications on the proposed new D1 map.  I've received positive feedback from several.  Most seem generally agreeable to the draft map.

But at least one lone radio host is not, though.

Andrew "Tallman" McKay, who has increasingly displayed a weird sort of soft-spot for Commissioner Doug Underhill, is apparently now attempting to gin up opposition (that does not currently exist) to the draft district map generated at the first joint meeting between the BCC and School Board early last week.  He, McKay, apparently doesn't like the maps. all the precincts we are giving back to D2 in our proposed map (61, 99, and 75) are precincts I carried by large margins in each of my last contested elections.  Look it up.  In addition to that, I'm taking a precinct where Doug won a slim majority in his last election and where I am not popular due to the fact I supported opening Beach Access #4.

If it was "Gerrymandering" (which it isn't, by the way) I would be looking to offload precincts where I lost or where I did not do well and looking to pick up where my enemies did poorly.  Think.

I'm not doing that.

So before anyone insinuates I'm "Gerrymandering" McKay, (or Tallman, or whatever his name is), the office intern, the secretary, the water shouldering Underhill sycophants, anyone---they  should look it up and figure out what it means before lapping-up and swallowing ridiculous insinuations not based in fact..."

Adding the Missing Pieces to the Puzzle for Context

Here's the context and the missing puzzle pieces to Thursday's  political stunt that turned what should have been a congenial, Christmas themed final BCC meeting of the year  into one of the worst spectacles any of us have seen in decades on a public dais.

Since the absolutely cringeworthy disaster of a BCC meeting last Thursday "happened"--I have been inundated with well wishes and curious questions from friends, supporters, and family alike--the jist of which has been "What the heck was that all about."  

The public is genuinely puzzled by that embarrasing, unprofessional, rustic, inartful, and utterly bush-league display at public forum and subsequently at the commissioner's forum at the follow-on regular meeting.  In answering an intelligent, reasoned comment to an earlier blog post--I felt it might be instructive to put a stand-alone post up with my answer to that poster's comment and request for the basis for that attack----in order to add some real, factual context that today's front-page hit piece conveniently left out.  

And to add the missing pieces to the puzzle.

Thursday's meeting spectacle 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 formercounty 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 (as is most of the 4th floor) that County Employee Steve Stroberger is running for my seat,  because Steve Stroberger himself (Kohler's Secretary) 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.  

I've heard anecdotally Stroberger had a lunch in the IPC with Clerk of the Court Pam Childers who was encouraging Steve to run against me.  "You can do it, Steve!" was the flavor I'm told.  Good for him!  He should immediately sign up and run against me.  I welcome that!

So yes, he's currently making feeble attempts at running a shadow campaign for D1 commissioner--Encouraged, condoned, and with complete support from his boss "Pious" Mike Kohler.  Perhaps Kohler should demand an investigation of that?? Last time I checked---- you must register at the SOE's office to start fundraising and campaigning for office?  I wonder if the new "paragon of virtue," "Pious" Mike Kohler will be so discriminating, demanding, and hypercritical about what's happening in his own office currently?  Probably not.  

Meanwhile, "Pious" Mike speaks for himself only, 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 personally embarrassed for the county and had never seen such a disgusting stunt pulled in a public meeting by a sitting board member or a board employee in decades.  Decades.   Others have expressed the same disgust. 

So here are the FACTS that are the missing "puzzle pieces":  

First off:  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 an attempt at a political hit, designed to gin up a hatchet piece in the PNJ which they knew would follow, to potentially score a right cross to my face politically, metaphorically speaking, in the court of public opinion.  (Interesting only PNJ did a piece on this, no WEAR story as of today, no NorthEscambia story,  and No Rick's Blog story.  It seems to me these other, legitimate local news sources--- by their not covering this mess--- are telling the PNJ, overtly, "Quiet, the adults are talking")

So it's an orchestrated attack by Kohler, Stroberger, one citizen and the PNJ.  Nothing more.   

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" Mike Kohler (Has a ring to it, "Pious"

Jonathan Owens wants County Taxpayers to Fund his Legal Defense

Owens sent the County Administrator and the County Attorney the request yesterday.  I'll print it below.

I personally do not feel he is entitled to any taxpayer funded legal representation because what he did is potentially criminal, fell outside the normal course of his job, and he remains in possession of stolen county records that he is not authorized to possess and that are in fact illegal for him to possess under Fl. Stat. 817.5685.  Furthermore, Owens admitted to reading the entire file  (In a radio interview with Andrew Tallman on AM 1620),  he knew it contained private, confidential records, yet he not only never told any county employee he had the file while he was working at the county--he also kept the file upon leaving employment and he also provided it, unredacted, to others---including opposing counsel in an ongoing court case against his former employer---------knowing it contained attorney client privileged conversations about that case in particular.

As Ricky Ricardo from "I love Lucy" might have exclaimed:  "Someone has some 'splainin to do!"

When he "acquired" this file and knew exactly what it was, he should have immediately returned the property the owner and promptly notified the county attorney's office.  He didn't.  He read it, kept it, and gave it to others instead.  He didn't need no stinkin' attorneys then!

But now he wants an attorney??

Nope, I don't believe he'll have three votes for this if it even comes to the board for our action--because he clearly DOES NOT qualify, under our policy, to be able to receive this coverage.  Period. This was not a job related function he was performing, and no, he ain't no whistleblower--there are specific statuatory definitions of what a whistleblower is--and he is not one.  Good luck with that.

Looks here like Jonathan Owens is following in the footsteps of his best friend, soul mate, and former boss,  Disgraced Former Commissioner Doug Underhill.

And like his mentor, partner and former commissioner Underhill----Owens now is also requesting you, the taxpayer to fund a legal defense to his reprehensible, potentially criminal conduct.

I can't make this stuff up!

What D2 resident and former Underhill Secretary Jonathan Owens sent the county yesterday:

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.  😃

County and Sigma Complete 1st Two Master Plan Charettes in Beulah

The County is moving forward with the effort to master plan the Beulah community in District 1.

It is an effort that was years in the making but finally coming to fruition.

The county hired Sigma Consulting, who in turn compiled a team of design, traffic, and economic specialists to complete the master plan team for the greater Beulah area.

After a kickoff meeting in October, the first two design charettes were scheduled for The 5th and 6th of this month and last night we completed the first two of these meetings.

The team solicited input from the community members present, gave instructions on various exercises that would happen during the charettes, and then compiled all of the input from the citizens into a first rough outline of the plan.

The next steps will include another 2 day charette in Beulah in late January or Early February.

Citizens are encouraged to attend and provide input going forward.

Check out the meeting pictures , below.

I Can't Believe Someone would Sign Their Name to this Garbage

Someone has to clean up the disgusting mess of spilled jars of sauce on aisle 6 when they are dumped all over the place -----and the ones that dumped them and made the mess have left the store......

We had a tremendously disappointing issue in our EMS department a few years back.

A bad apple employee was running roughshot over subordinate employee due process rights. Vindictive, jealous, caustic, and tribal.

Folks were accused of things they didn't do, and the county has been playing "clean up on aisle 6" ever since.  To the tune of $Hundreds of thousands of dollars and counting.

All because the supervisors who were supposed to be in charge of the rogue bull in the china shop bad apple employee--------to prevent garbage like this from continuing-------- did not do their collective jobs.  Those now former employees who did not do their jobs then have all moved on, and we are holding the bag trying to fix the lives that were broken.

6 subordinate employees were targeted with a host of ridiculous assertions, accusations, and complaints to the state by one bad actor.  Lives were ruined, and of the 6 employees accused and deprived of due process and run out of the county--5 were never even prosecuted, never convicted of anything.  

We're fixing these past wrongs, just as we did for a former paramedic who was put through hell,  one by one.   Tonight on the agenda we will have another one we will make right.  

This one to the tune of $90 Grand.

I'm going to support it because I know what happened, how it happened, and how employees of the county in leadership, HR, and public safety FAILED MISERABLY to do right by the employees here in question at that time.  Glad those former supervisors are gone.  They stood watching a slow motion train wreck and did nothing.  

Now come ill-informed citizens in the peanut gallery sending garbage emails out telling us not to pay tonight to make this employee whole.

It is so ridiculous, I cannot believe someone would actually send it and sign their name to it.  

It is rank ignorance, arrogance and a lack of compassion for the "little guy" employees who had NOBODY standing up for them when they were having their careers ruined by a rogue employee supervised by a bunch of feckless do-nothings in HR, public safety, and the administrators office at the time.

Now it is up to us, those of us still around who know what really happened, to clean up the mess these former supervisory HR, Administrative, and Public Safety employees should have owned--regardless of a few voices of dissent piping up out of the woodwork today.  

Folks bloviating today just don't have a clue about what happened in the first place a few years back.

We'll clean up their mess and move on.

For Gannett's PNJ---- the Ends Justify the Means

Criminal conduct must not ever be induced, rewarded, or countenanced.  Otherwise it will continue and grow.

It's why when demand for catalytic converters by scrap yards, regardless of the origin of such parts, was remunerative for theives and the scrap metal markets alike--the expensive,exasperating issue of folks having their catalytic converters stolen from their cars swept the nation.  Scrap yards could buy boxes full of these valuable parts from anonymous, shifty, sketchy and unknown individuals, shrug their shoulders and say, "We followed the law--WE didn't steal these."  Then a raft of states dealt with the demand side of that illegal activity/trade  by passing laws that put the onus on the "buyers" of catalytic converters (scrap dealers) to verify the origin of the individual parts prior to buying them.  These laws also made unauthorized possession of such parts illegal.  Now these crimes are on the decline--because the inducement and normalization of the improper, unlawful conduct has been removed, appropriately, by legislators.

Ditto for scrap copper theft around the nation.

This is why it is important to deal in facts and ignore distractions as it pertains to the current issue in Escambia County of what appears to be criminal conduct by those who stole county files and disseminated them unlawfully, continue to possess them unlawfully without authorization, and disseminate them inappropriately. 

Words are important, too.  

These are stolen county records--the sort of records that mere possession of which is a crime. A theft has happened.  It is potentially criminal. PNJ minimizes and attempts to sanitize this by calling this an issue of "Leaked" files.

Worse, Gannett's PNJ condones the theft of these files by continuing to possess and publish stories from them--which will invariably induce and embolden others to inappropriately steal files in the future--  here and elsewhere--from those with whom they disagree politically.

So individual aspects of this whole sordid event must be dealt with separately.

The issue of these stolen files and their continuing, unlawful, unauthorized possession by multiple individuals and Gannett--- in contravention to state law--- is one stand alone issue that is being investigated , a court action has been filed, and soon this matter will be litigated.

A separate issue is Florida's Public Records law and how it meshes here with files that have been stolen from the county's computers while such files were in the care and custody of the county--creating a condition where multiple individuals and entities now have possession, apparently, of a complete file the majority of the contents of which are actually private and not public records. Much of  this file contains privileged, confidential, Personal Identification Information, and individual personal medical records on more than a dozen local citizens that would never be released under any public records request anywhere in Florida ever.  Gannett knows this.

1. Stolen records

2. Public Records Law

Two separate issues.  And again-- Gannett's PNJ know that.  They are also aware of the fact that in 18

Have the PNJ--and Others that Possess Stolen County Files Unlawfully--- Committed a Felony?

 Today's hatchet piece in the PNJ was not entirely surprising to me.  They were named, along with two others, in the county's lawsuit over stolen county records.  They knew that the files they received were stolen.  They have been told the files have been manipulated.  They have published anyway.

The Judge in the case has called a hearing and it will come soon.  The Gannett lawyers assigned took great umbrage to this, according to what I have been told today from staff.

I'm told lawyers for Gannett have even actually called the county attorney's office in advance of the soon to occur court proceeding with BS garbage about why they are entitled to hang onto these un-redacted, stolen county files that contain personal identification information on five individuals or more. They are the "media"--that's why!

The problem for them is---nobody has been able to find a single exception to the Florida Statutes that speak to personal identification information being  possessed, unauthorized, by the "media".  

There isn't one.  

Gannett's lawyers probably know that, thus the first of what will be many hatchet jobs as they seek to maximize the damage they attempt to cause with the stolen, manipulated county property they possess unlawfully.

Here's what the relevant statute,  § 817.5685 , says.  No "exception" for media outlets so far as I can tell.

Meanwhile, the PNJ has been served with an order to show cause as the county's lawsuit for replevin and conversion regarding stolen county files is moving rapidly through Escambia's court system.  It is coming up quickly, scheduled for February 5th.

Discovery and depositions are coming--get ready!

Thus, it is not surprising to see their (PNJ's) hamfisted hatchet piece online today--where they once again place me in a false light with actual malice by snipping and cutting purported text messages from the stolen county file they have in their possession (that they know has been manipulated)--putting exchanges out of chronological order purposely and glossing over the fact I was telling anyone and everyone my plan to bring Perdido Key back to D1 once the board decided to rush through the redistricting in a shortened timeframe.  I said it directly to my peers on the board at the first workshop in September of 2021 in no uncertain terms---so  to attempt to convince readers I have acted unlawfully and violated the state's sunshine law by discussing something I had already stated at an open advertised meeting as well as on the radio prior to discussions with a citizen is preposterous and ridiculous.  

That assertion is wrong, and PNJ knows it. It's garbage rubbish and they know it.

These files are manipulated, they know this, too and again the chronological order of the conversations in their hit piece is changed by the PNJ.  On top of this fact--in order to make the reader believe unlawful, shady, unethical requests are being made---the reality of the situation is that in the timeline PNJ shared with the readers it is quickly apparent that before this particular text exchange happened I had already told all board members my intention----in public meeting(s)-----to go back to the year 2000 district lines again where Perdido Key was in District 1!!!!  I'd also discussed it on the radio and publicly at an advertised meeting.

I also did a blog post on this topic three weeks before the redistricting meeting on October 5th.

It wasn't a mystery--certainly not to the other board members.

They (PNJ) leave that out purposely and conveniently, put conjecture in, change the timeline, and add in opinions from ill-infomed individuals on the sunshine law to add "credibility" to their attack, and insinuate I have done something illegal.  It is all garbage though-- a false light attack with actual malice.

This is par for the course with them: they (PNJ) are throwing spaghetti at the wall--because they know that there is likely to be a temporary restraining order issued to curtail their selected release of stolen, manipulated, unverified, and unredacted county files that they and others possess unlawfully.

So they'll likely be priniting a raft of similar stories, based upon these stolen files, over the next several weeks ahead of a potential temporaty restraining order that will prevent them from continuing to publish stories based upon these stolen files--but will rather force them to acquire public records the proper way----by requesting them like everyone else has to do.

That all said, though----------- the most important development to come from PNJ's B.S. garbage pile hit-piece today is the news that yes, they, (PNJ) do indeed have a complete copy of my downloaded iPhone.  They admitted it by posting this picture:

Prior to this article and this picture being published by the PNJ today--there was some question as to whether or not a complete copy of my iphone had been stolen unredacted from the county's servers.

 Jonathan Owens clammed up when approached by investigators--although he has mentioned multiple times in the media that he has a "jump drive".  Others have lawyered up.  So nobody knew one way or the other for sure-------------------until today---------------that all of the phone backup files had been stolen and disseminated unlawfully.  Thanks, PNJ, for confirmation!  

There was suspicion, but not confirmation, until today.    

So that will be more good information to develop questions for the coming depositions in the civil trial where folks won't be able to "not answer."  Can't wait for that.

Meanwhile-- with today's publication of this picture  above (which I verified was on my original, unadulterated, unmanipulated download from the county this evening when I got home from work)---we now know that whomever it was that has possessed this file not only possessed it unlawfully but also at a Felony level due to the fact that the pictures on this file contain personal identification information on at least five individuals, as stipulated in Florida Statutes.

In addition to all of this, I am also aware now that others that possess this file have lied about it to authorities and there is compelling, new  information on this now being looked into by investigators.

The thing to remember is not to lie.  Tell the truth, or the truth will find you.

Lie to the FBI and all bets are off.  period.  That's a felony and they don't like being lied to.  And it doesn't matter what title you hold or what office you occupy.

Lie to the FBI ad it is a felony. Could be a career ender.

So don't do it.

No Perdido City Local Bill will be Filed this Year in Tallahassee

According to Representative Alex Andrade, from his Facebook account this morning, the local bill that  had been prepared for filing in Tallahassee for the effort to incorporate Perdido will not be filed, after all.  Even though at a recent legislative delegation meeting the issue was unanimously voted for approval.  from Adrade's Facebook post:

“I will not be filing a local bill to place the question of Perdido’s incorporation on the ballot this Session. After reviewing We Are Perdido’s feasibility study in depth, and consulting with the Florida Department of Revenue and Florida House staff members, we determined that significant changes would be required to the proposal. Because, at this stage, these changes would need to be made by a single legislator instead of the residents of the affected area, I have made the decision to not file and sponsor the bill.

I have informed We Are Perdido of the decision, and encouraged them to spend this next year engaging in additional due diligence and public outreach if they decide to pursue this initiative in the future.”

I was neutral on the effort from the beginning, even though I saw serious issues with the feasibility study and a growing chorus of my constituents were reaching out with significant concerns.

Glad this effort will be given a bit more time for all of the details to be fleshed out, rather than being rushed through and forced like a square peg into a round hole---which is what it felt like prior to this announcement by Rep. Andrade.

More to come on this I am sure.

Stolen County Files Part I: The Story Doesn't Add Up and the Dates Don't Jibe Either, "Darth" Newman

The "force" is not strong with attorney  "Darth" Newman's  version of the timeline of his receipt of stolen Escambia County files and records....

The problem with lies is that they will always be found out.  A liar who lies and tells lies will invariably lose track of the lies he tells and then the lies he or she told will be discovered.  Then, that person will be discredited, ostracized, ridiculed and even made a pariah. 

Or it could be worse.

Sometimes you lose a relationship when you get caught in a lie---- be it  a business, personal, or other type relationship.

Worse than this--if a lie is told to a federal agent--that's a crime.

And if a lie is told under oath, that's perjury.

If a lie is told to a judge by an "officer of the court "-- well, there are professional ramifications that can be significant and career threatening or career ending: there could be sanctions up to and including a formal bar complaint, a reprimand, a sanction, or disbarment.

So liars ought to be careful about telling lies--lest they get wrapped up in their own webs of dishonesty and have to pay a price for it.

Currently---there are lots of lies flying around Escambia County as it pertains to stolen Escambia County files that contain lots of county records, medical records, personal identification information, attorney-client protected conversations, and a host of other records that are not public records and would never be released under any circumstances--let alone unredacted--- under any valid public records request ever.  Yes, there may be a number of bonafide public records within the larger file of stolen records as well, any one or all of which would have been provided upon request because these files were saved from deletion via action taken by the county---but the majority of the file would not have been a public record.  

Nobody ever asked, though, and no public records requests were made of the information in these files.  until the whole thing was stolen.

And, again, the vast majority of what was stolen and disseminated inappropriately and unredacted by Jonathan Owens is NOT public record.

Webbed into all of these lies, potential crimes,  and other problems are the issues of the separate, frivolous Federal Quitam and harrassment case brought by lawyers for former Medical Director Rayme Edler. 

That case is baseless, meritless, and frivolous and will be defeated in court--that's my opinion.   

And that separate federal lawsuit against the county, along with the previously settled cases of 5 former EMS employees (ALL but 1 of whom were NOT prosecuted) has apparently provided Gannett and the Pensacola News Journal with just enough cover for them to use (conflate) the stolen, unverified county text message files they now possess unlawfully---somehow----- with the 2019 EMS challenges and the former Medical Director's currently stalled case.  

That's their pretext.

The thing is this, though.  The files at issue, from my phone, were stolen from the county, and after being stolen--these files have been manipulated.  

And this issue, this case, and this Escambia County lawsuit to recover these files are separate and distinct and have NOTHING to do with previously settled EMS cases or with Dr. Edler's current, frivolous and meritless lawsuit(s) against the county which will be defeated in court.  

I have it on very good authority, from a source that knows, that manipulation to these stolen files has already happened, and there will be much more to come on this in the next 6-12 months as discovery, depositions, the currently confidential but soon-to-be released FBI investigation report, potential prosecutions, ethics violation investigations, and other evidence and information is brought forward, gathered and presented to the court to bolster the county's replevin lawsuit.  

By contrast to the files the PNJ have---which have been manipulated---my original jump drive  (provided to me and in my posession since imaged and copied by the county IT staff in February of 2022 and provided to investigators recently and upon their request) is an exact duplicate of what was on the county's harddrive after my phone was imaged.  That has now been confirmed, again, by a source intimately familiar.  

The file that Dr. Edler's attorney's have, by contrast, is NOT an exact copy, it has been manipulated, the hash signitures do not match.  This, again, is the same file the PNJ has.  

So as we do discovery for our replevin case, and we take depositions, we will find out how this happened as we ask a lot of questions about this.  Lots.  And we'll be asking questions of lots of people including the PNJ reporters and editors that have this manipulated copy of stolen files and ran with it in multiple stories they have manufactured and  published as gospel truth anyway--never bothering to do what legitimate, honorable and reputable journalists do----- verify the authenticity of the data from the source-----the county or me----before publishing inaccuracies.

As bad as all of that is, (And it is REALLY BAD) worse is the fact that the timeline(s) of the "when" Dr. Edler's attorneys first received this manipulated, unredacted copy of my files to attempt to use in their separate, frivolous lawsuit(s) against the county does not add up with what Jonathan Owens----their lynchpin star witness himself-------- is saying. 

The Story Doesn't Add Up and the Dates Don't Jibe, Either, "DARTH"

Lawyer Darth Newman from Pennsylvania has submitted an affidavit in Federal Court to Magistrate Hope Cannon in Rayme Edler's case that he (Newman) is working.  In it, he states that he had no idea the stolen county text message data file was coming to him, did not request it (of Owens), and that it was emailed to him unsolicited, unannounced on March 15, 2023.  "Darth"  goes on to state he is the only one of Edler's co-counsels that have "substantially" (whatever that means) viewed it and that he notified the defense counsel "shortly after coming into possession of the file."  Read his sworn statement, here.  (Notably--the notification from Darth Newman to the County Attorney did not come until nearly two weeks later, on March 27th, and this notification was nonchalantly offered up multiple paragraphs into (buried) and within the body of a voluminous email full of legal mumbo-jumbo and minutae on a variety of ongoing, monotonous discovery gripes--AND obviously and conspicuoulsy NOT highlighted.  Nevertheless--the notification should have been immediate, via a call to the county or a stand alone email as this was an important development.  And county staff moved WAY too slow catching on and I was not told until nearly 3 Months later which was massively disappointing.  But that is a separate issue which I have discussed at length with the county attorney privately.)

Meanwhile--Jonathan Owens has proudly, in cocky fashion like a weird sort of proud rooster, stated on the radio and in the press on August 7th of this year that he kept the file after he left county employment, read the files,  was asked by Edler's lawyers if he had anything else that could help their case for Edler and against the county----------- AFTER he was interviewed by them and AFTER he provided an affidavit for their case against the county.  Problem is--their interview and Owens' affidavit is dated April 3rd, 2023.  Three weeks after Darth Newman said Owens sent him the file unsolicited on March 15th 2023.  Read Owens' sworn affidavit, here

None of these tools have a time machine, so this is obviously a lie.

Someone is lying, obviously, and these timelines don't mesh.  Owens even states in the transcript of his radio interview from August 7th of this year---on page 11 of the county's lawsuit filed against him and two others, here----that he provided Edler's attorneys a copy of the stolen files "Last year."  

Wait-----That would have been 2022--way before "Darth" says he received the unsolicited email on March 15th of 2023.  Did "Darth" get the file in 2022 as Jonathan stated, or is Jonathan lying?  Or is "Darth" Newman Lying?  Or did co-counsels actually have it and read it in 2022 as Jonathan clearly stated and did/does Rayme Edler actually possess this stolen file, too?  If co-counsels to "Darth" had it "Last Year" like Owens proudly stated--this makes the entire affidavit submitted by "Darth" Newman inaccurate at best--a series of lies at worst.  So, who is lying? 

These stories do not jibe, people are lying, and timelines are changing, evolving, and revolving.

Lying liars are lying all over the place on this timeline, in affidavits, on the radio, and in the press using manipulated, stolen data to bolster their lies.  

Did they even lie to the Federal Magistrate, Hope Cannon, with this "timeline?"

Wow---too many questions.  

But make no mistake: between the FBI investigation report (which will be made public once the federal prosecutors and/or state prosecutors are done with it and have made decisions on prosecution(s)) and what the county will find and learn as we move forward with our replevin case and enter discovery and begin multiple depositions of multiple persons, we will get to the bottom of it all.  All of it.

And folks will be under oath and they will answer the questions or invoke their 5th Amendment protection from self-incrimination, because that's how depositions work, folks have to answer the questions, objections can be noted but the questions will be answered lest the Judge in the case have to get involved---and that's not good when that happens.  So understandably--- we'll be meticulous in our questions of multiple individuals we will depose as we seek to get back the property, every copy of it, that was stolen from the county and now possessed still to this day, unlawfully and unredacted, by multiple individuals and entities.

I have it on good authority and have been told by multiple persons with firsthand knowledge that clerk of the court Pam Childers unlawfully possesses a copy of this stolen, maniplutlated file.  She will not answer direct requests of her made by the county attorney as to whether or not she has a copy-- so we

On 1370 WCOA's Real News with Rick Outzen Tomorrow Morning at 7:00 AM

I'll be speaking live tomorrow at 7:00 AM on the kickoff-morning show on the fastest-growing audience cultivating station--of all formats AM or FM--in the Pensacola-area  market.  1370 WCOA.

I've once again been asked to start the week as the lead off guest on the area's fastest-growing, best, most-relevant, highest-rated, most entertaining, and most widely-trusted morning drive news talk radio program, "Real News with Rick Outzen" on the area's best talk station AM 1370 WCOA.

I'll be on at 7:00 AM Monday morning.

There were a flurry of important, newsworthy issues bubbling up late last week as we all head into a notoriously slow news climate ahead of the Thanksgiving holiday........ This could make for some good, entertaining and illuminating discussion tomorrow morning; I will be fully prepared to discuss any of it or all of it--- if Rick wishes to do so.  

One interesting aspect of coming on Rick's program, as compared to others I have been asked to be on in the past--is that Rick rarely previews what issues he wants to discuss.  There are no pre-prepared topics sent out in advance, so the discussion can be real, raw, honest and spontaneous.  So, some serious issues might very well be on tap for tomorrow morning's show.

Or---- we might just talk Turkey.  

Who knows?  After all, the news cycle takes a 7 day hiatus starting tomorrow....

Listen live at 7:00 AM and find out.  

I will post the podcast here once it is published.

New LOI for County's OLF 8 Property: $20 Million for $375 Acres + Option(s) of $12 Million Additionally for the Balance of Land

This rendering, indicating a proposed rough draft of the site plan envisioned for OLF 8 by the buyer Beulah Town Center, LLC., was included with the buyer's  Letter of Intent

Friday afternoon the BCC received another Letter of Intent (LOI) from a development group for the purchase of the county's OLF 8 property in Beulah.  I am linking the four page LOI (below), as well as the initially proposed rendering of a site plan (above).  

Although this property is in my district--OLF 8 is a county asset acquired to provide a benefit to the entire county.  Additionally, I am only one vote on this board--- and I am certain my counterparts are looking over this offer as I am doing and I'm equally certain they will each have their own thoughts, comments, questions, and concerns. I have looked over the offer and I believe there are some pros and cons to it, in my opinion.  I would assume that the board will take up this offer at our next regularly scheduled meeting on Thursday, December 7th.  Meanwhile, these are my initial thoughts, below:

The pros:  

-follows spirit of Master Plan

-enhanced stormwater mitigation/more stormwater ponds

-NO single-family housing

-Town Center concept embraced

-Allows for the county to pursue a Triumph Gulf Coast Grant for job creation on the norhtern part of the property

-brings a true, mixed use development to the Beulah area complete with restaurants, retail and other amenities for nearby residents

The cons:

-Price per acre for the most valuable, southern portions and the road frontage of the field should be higher

-request to rezone the parcel to agricultural until development cammences may be unfeasible

-earnest deposit amount specified is insufficient, and a portion of it must go hard after an initial inspection period

-12 month due dilligence period is too long.

Here are the LOI documents received by the Board: