The Deposition (s) of Ed Spainhower

These two redacted depositions, attached to this post, are a must read for anyone who truly wants to know how badly the county, under inept and indecisive leadership at the time, failed miserably to provide due process to paramedic and former Escambia EMS employee Matt Selover.

This one deposition (in two volumes), probably moreso than any other one I have read related to this case (and I have now read each of them) illustrates the reason the county eventually was forced to settle.  The county HR department totally botched the investigation, tried to do a 180 reversal of the investigative  findings after holding the report open for 7 months, and allowed for materials to be included in a "final" that were biased, suspect, and unreliable---- requested by one party to the complaint-- and written a full 7 months after the conduct at issue happened.  Unpersuasive--this would have never stood up to a trial.  It looks exactly like what I thought it was all along:  A conspiracy, and an "after the fact" attempt to arrange facts for certain employees to escape any ramifications for actions outside their scope--while totally reversing what was presented as the "final" investigatory findings to fit a politically motivated outcome.

And of course once the 100% contradictory report was presented to Selover 7 months after the first one was in the can--he was told he did not have any appeal mechanism.  It was wrong.  It would have been a disastrous loser in court.

These two volumes here and  here  are the deposition of County HR Investigator Ed Sapainhower, who was questioned by J.J. Talbott in regards to his handling of the harrassment complaint that Matt Selover filed against medical director Rayme Edler.  It is devastating, the degree to which the county's own policies on timelines for completing an investigation were totally abandoned.

Yes, by July 1st of 2019---Spainhower had completed his preliminary report.  But 7 months later--the findings were "updated" and completely reversed--once new staff and a new administrator and her mentor took over the process and apparently wanted a different outcome.

The last 30 pages of volume I of the deposition chronicle, in agonizing detail, what happened and why Selover was not provided this report for months, and months, and months.  It's actually quite infuriating.

Distrubingly--this transcript and the questions and answers it brings forward, show that a rushed one-day "finalization" of the report (where the conclusions were totally reversed) happened once a new HR director was brought in to "clean up the mess."

No wonder the lawyers for the insurance company were so desperate to have the county settle this suit.  

Of course it is/was convenient for folks that handled this turkey to start blaming those of us who were asking questions, demanding answers, speaking out and inquiring as to why policy was not being followed.

The disgusting attempts at blame shifting by the insurance company lawyers and their ally the bean-counting "adjuster" (who was totally simpatico with the former HR director) are feckless--they knew I would never be called to testify in any trial that might have happened--as I was not an expert witness, nor was I a fact witness.  My knowledge of the issues of the case were all second-hand, hearsay; Yet these insurance folks and the press sure were quick to try to foist blame on me...Their accusations ring hollow and are as flat as a belly flop from the high dive. 

For those of us who have actually  followed this debacle all the way through---these two volumes (Particularly Volume 1 pages 86-141) detail the precise reasons this case had to be settled. 

Sloppy, botched work by former county leadership  and an egregious failure by HR and the administrator's office in following board policy.  That's what caused this.  And NOTHING else.

Sadly--it didn't have to happen. 

Thankfully--most that were involved in this debacle are no longer in positions of leadership anywhere in this county.

Letter(s) to the File?

Yesterday afternoon it was discovered that there were apparently "2nd" personnel files maintained on select fire department personnel, in contravention to board policy and bargaining agreements, separate and apart from the 1 and only official personnel files kept downtown.  This was discovered as some disciplinary letters to file, apparently, "never made it" to either of these files--as they should have.  So this will get a thorough discussion later this morning....

As I begin the gathering of documents necessary to fulfill a public records request of me made by the paid firefighters union--a question percolates about whether or not "letters to the file" on three battalion chiefs that I have acquired are actually public records.  (these are in relation to some serious law, ordinance, and policy violations that apparently occured last summer in a fire house and for which nobody accepted responsibility or gave a cogent explanation).  As I have said multiple times, there is a massive, stunning, and unacceptable lack of leadership in the county's fire department right now, and sadly these documents appear to show more illustrations of this.  Like a rudderless ship without a chief for going on TWO YEARS!

According to the county attorney, these particular documents are public records.  But while I was ascertaining the "whether or not" determination about these documents in particular--it was brought to my attention that these documents were not actually ever even put in the official files of these three employess.

What?

Where were they, if not in the employee's official file, was my first and natural response?

"Uh, we're not sure--we thought these were put in the file.  But apparently they were not, they were instead given to the interim fire chief and he put them in his separate file and they never made it downtown."  Was the answer I got yesterday afternoon in my conference call.  What?

Here is the thing:  There should be, by law, ordinance, statutes, and under bargaining agreements---1

Discipline Delivered Part II: Local Fire Union Secretary's Conduct Rebuked and Consequences Delivered

 As I work to put together the public records requested of me by the local paid firefighter's union, I have come across disciplinary documents that are public records according to the county attorney.  As I stated in part I--I'm certain these documents would have remained in a file cabinet or on a server somewhere and never never been made publicly available had it not been for this public records request.  But the request has been made, and it will be costly and time consuming and all the responsive records will be gathered, reproduced, and turned over to the fire union's lawyer.  Lots, if not all of them, will be published on this blog as well after they are paid for by the union's lawyer.   This particular discipline, indicated in the three pages below, is in response to an official complaint made by Escambia EMS in response to a disgusting, despicable, and low-class post made on the local fire union's Facebook page.  The language in the discipline narrative is scorching--and I am told the suspension without pay has already been applied to this particular employee as a result of this incident--although I'm also told this employee is actively appealing this discipline.  Read the discipline documents here, below:

In addition to this information, this particular file also has the transcript of the county's staff questioning this employee about the Facebook post that was the subject of the investigation.  I am astonished at the answers given in this questioning--which more than likely led to the administration of discipline on this individual by staff.  Read the transcript here, below, and while you do-perhaps ask yourself what you would do if this was an employee of yours and was answering you this way as you conducted an investigation?.....

Discipline Delivered Part I: Scathing, Scorching Narrative Accompanies Union President's Discipline Document

 WOW!  This narrative is scathing, cutting, and scorching.  It is really quite unbelieveable.  It's also a public record.  And it probably would have remained in a file somewhere, never seeing the light of day.

But now, because a South Florida lawyer has made an extensive records request of me, obviously on behalf of a local union official, this public record is coming out.  And there are more coming.

This record is about discipline for conduct that is extremely concerning.  The conduct at issue got my attention when I heard about it.  But more importantly--it resulted in other county employees speaking out-demanding an investigation!  see below:

And after EMS complained, and others, an investigation was conducted.  Here is an excerpt, below, from the discipline that was administered as a result of the investigation request(s).  (Note:  so far as I have been told, these allegations and these discipline recommendations listed below have been appealed by this particular employee.  Nevertheless--this is a public record.)  And these folks want the public records so here, below, is part 1.  And it is a scorcher, the read of the narrative.  Ouch!  (As I pointed out to a recent poster on a different blog post--chat sites, facebook, blogs, and other social media critiques are one thing--but this discipline narrative is real world, written by an employee's supervisor!  Wow!)

Fire Union Lawyer's Public Records Request of Me will be Time Consuming..

Some folks deridingly refer to public records requests as "fishing expeditions."  I just think they are a part of the job and a part of the law.   And some such requests do require an inordinate amount of time to complete--as will be the case with this one that has recently been made of me...if a "fishing expedition" is what this is, I hope they remember to never bring bananas on the boat........its bad luck.

The public records law is one I take very seriously.  It is part of an important system of checks and balances that applies to all of Florida's agencies, departments, offices,  and elected officials.

Over the course of my 15 years as a locally-elected public official, I have fulfilled dozens of these.  No problem, no worries.   I finished a large one in 2018 at the request of the sheriff's office--it was huge and filled an entire box--hundreds of pages.  I got it done within 30 days.  I finish them quickly, and I answer them completely.  As a matter of fact I just finished one up last week and turned in the documents, it was a rather quick one to complete.  Some are easy and I turn them around immediately where it is practical to do so. (e.g. one email, or one specific document requested).

But now comes a rather extensive one from a law firm out of Fort Myers Florida, pictured below. 

This one appears to be at the behest of our local paid firefighter's union.  

But why this request, and why now?

--The union is more than likely still simmering over the fact that they worked so hard to get my opponent elected in the race for county commissioner last summer--yet the guy they backed got vaporized--he finished a distant 3rd place--not even close to being in the running. Even with their endorsement, even with their members holding signs and writing checks and dressing up in costumes on the side of the road waving at cars....  Didn't matter, didn't help, he got smoked.  

--Perhaps a few of them are still sore because I posted every employee of the county's salary online---to include all the firefighters? (many making $70K, $80K, $90K yearly--many making six figures.)    

--They might be angry because a campaign rule and county policy was broken by some personnel that would not fess up-- and a campaign sign was brought onto county property-- in a fire station--leading to a letter of reprimand for some senior fire staff.  

--We're in the process of bargaining a new contract with the union locally--maybe they are mad about that (but why?)?  

--Maybe they're mad because I've said HELL NO to raising the fire MSBU on taxpayers

--They're probably mad because I blew the whistle on the way good, hard--working volunteers were being treated poorly and run out of fire houses. And I demanded an investigation.

--A few are mad because after this despicable post was made on the union's facebook page FALSELY claiming a "lack of resources" at a recent fire was what caused a civilian casualty--there was actually some consequences meted out by administration.  

That post on the facebook site was reprehensible, unprofessional, and disgusting.  Most importantly--it was a lie.  I got the actual fire incident report and we had one unit on scene within two minutes, and several others within four minutes.  We ended up with 7 or 8 trucks and 69 personnel on that scene in a very quick timeframe.  So