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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.

Thursday, May 16, 2019

Public Records.......Compliance Ain't No Joke

At least one Escambia County elected official went to jail for not handing over public records in a timely fashion....The public records law is no joke. 


A speaker at today's meeting dropped a bombshell at the dais.....about public records and compliance with Florida's strict Public Records Law.  The accusation was made that a member of the Escambia BCC has not replied to a records request that has been made, multiple times over, for 5 months running.

This law is no joke and I don't even waste a second of time in complying.  This conversation got my attention quick!

Since I have been on this board of commissioners, I have fulfilled numerous public records requests--including one that ended up taking a box to hold all the emails that were requested, which I put together and delivered within 1 month.

But most of the requests I have fulfilled have come via email or via a phone call request directly to me.  And I send them out immediately if I can do it myself or I have my aide, Debbie Kenney, assist and we get these out quick.

Because to delay is to frustrate the spirit and the intent of chapter 119.  And that can be very problematic.

When I first stepped into public office on the School Board of Escambia County 13 years ago in 2006---some of the very first trainings I received as a new board member were on public records and open meeting laws.  I took it very seriously because I also was told numerous times about a previous Escambia school board member that actually was convicted of violating the public records law and spent time in the county jail for this infraction.  The case was appealed and it went back and forth but meanwhile, this Escambia County elected official was removed from office by the governor and she was sentenced to 30 days in the county jail--where she ultimately served 7 days.

Everyone who is interested in this topic now, at this moment, should read the appeal of the Escambia School Board Member's case which gives lots of background on the way this whole thing transpired......

And the kicker was--this school board member at least made the effort to try and produce the 


records and allow the citizen that requested the records to inspect them.  An effort was made--and still this individual spent time in jail.

So yeah--from day one I was cognizant of Ch. 119, what it means, the story of Vanette Webb, her appeal that was denied, and ultimately the fact that the prosecutor chose not to re-try her case.

Ultimately, this person was exonerated

But I would scratch my head and wonder aloud, knowing this history right here in Escambia County, why any current elected official would not move at a rapid, deliberate pace to fulfill a specific request----especially in light of what happened right here in Escambia County to a sitting board member who tried to fulfill the request and still went to jail.

Scratching my head on this one, that's for sure.  Because this ain't no joke, and a long, prolonged, and unnecessary delay for fulfillment of a request could spell trouble--with a capital "T".  (In the case mentioned above, I believe the initial delay that triggered the complaint was about a month and a half-----not 5 MONTHS).  Maybe this is all just a misunderstanding though. We'll see.

13 comments:

Anonymous said...

Will PNJ run the story?

Who is under investigation?

Anonymous said...

It is no secret that you tune into the Mel Pino show so why act like this is news to you?
Furthermore, your actions are being scrutinized as well and, as you know, every dog has his day.

Mel Pino said...

Commissioner Bergosh, my favorite part was when Commissioner Underhill called public records requests "harrassment."

He also did a nice dance about how much I and others have been bombarding him.

My public records request, that I placed 5 months ago, is very clear:

(1) please provide me with every post on Facebook you have made about the Inlet Management Plan/Program (whatever he is calling it that day) and

(2) Please provide me with every Facebook post of mine you have deleted across his 2 public D2 Facebook pages.

Doug helpfully got back to me and said he had never deleted any constituents' posts (outright lie), and then further explained he wasn't deleting, but hiding.

At that point, I expanded that particular request to include any and all of my posts that he had hidden from other constituents.

In addition, he has ignored my request for his emails and the emails of his aide, Jonathan Owens, from Jan 1 to present for about a month. No response whatever.

Maybe he doesn't want whatever emails may be there on the EMS / Fire debacle?

Or maybe he just doesn't want to show how he can't stop running with the sound of his own voice.

Doesn't matter. He is breaking the law, pure and simple. As in, he's a criminal by state statute. If he thinks for one minute that I'm going to roll over and die because of Escambia Rose Airwaves, he's got another thing coming. It's amazing that he keeps thinking the same thing that hasn't worked dozens of times before--namely, calling me a psycho and a liar--will work the next lame time he tries it.

Keep "winning" Doug. Remember the day last spring when I sent you a text after you called me a carpet bagger at the WFRL event? The one where I warned you that I was going to expose your corruption and abuse? I think what I said, exactly, is that you were going to find out what it was like when somebody smarter than you, and with more verbal facility, and who had more balls than you, decides she has had enough of your abuses of office. Memba that?

How's that working out so far Doug?

And what really kills me is that you seem to think you've seen the best of us. Or worst. However you view it. The point is, you ain't seen nothing yet. The citizens simply will not let you continue in your misdeeds. We are legion. And you are completely unfit for office, and you are a cancer on our community, and the mistake you make is thinking that it is just Larry and me who recognize it and are working towards it.

The band of citizens working to expose you will never quit, Commissioner. And we will eventually expose you, and then you can decide how you want to skulk on out of here as you have so many places before.

You ain’t seen nothing yet bud. Good luck. Trust me, you'll need that and more.

Melissa Pino

Anonymous said...

So is the social media policy sunsetted, no rules? Can staff talk on social media now?

Anonymous said...

What about Doxing? From ECW done to try to intimidate citizens?

Anonymous said...

Your going to get some one mad. Maybe Doug will force his aide J. Owned to move from d-2 to d-1 and run against you. That’ll learn you.

Anonymous said...

Jim Little is all over this story. Maybe. He really doesn’t want to. But he’s all over the story. Maybe. Twinkle twinkle Little’s star. Maybe.

Jimmie Staley said...

Doubtful on Little doing ANYTHING. He seems to interested in very few transparency issues. Selective interest.

Anonymous said...

Commissioner Underhill publicly REQUIRED Administrator Amy Lavoy put everything in writing in emails so he could immediately spin it to the Pensacola News Journal,Channel 3 news, Escambia Citizen Watch viv a vis, but now will not provide his own emails to the citizens asking questions. #Lockhimup

Anonymous said...

Why isn't the info that was released at the meeting 5/16/2019 being reported? The Edler/ Nail DOH investigation into their machinations and emails?

Why did and does Underhill keep saying Nail should stay employed and even to work from his office? Why did he say Lavoy should leave prior to the budget? He ran her off obviously. She must have his number.

It clearly demonstrates a coup, it shows that Weaver was being forced out and it the proves characters involved, including the union presidents and the medical director.

Will some one put this out is an easily recognized narrative so the public can understand? It was a conspiracy, not a theory. They conspired to accomplish agenda but not via the proper channels.
Of course we want firemen and EMS crews, I think the rank and file may not understand what has occurred, neither the average citizens.

The PDF is on Rscambia Citizen Watch (Free speech) facebook.

Is it included in the back up on Myescambia now? Some want to spin the BOCC will not get training and other political rhetoric nonsense but some watching this understand it.
To clarify:
An additional investigation with DOH has been requested on Edler and EMS with the DOH as well as more investigations with the States Attn office. The BOCC as a whole will most likely be fine but some of the players underneath, colluding with the PNJ and Underhill aren't looking favorable right now.

That's what it looks like to me.
And no don't pay legal fees for dastardly deeds, especially using Public safety as pawns in the game.

Thank you Commissioner Bergosh to have the integrity and fortitude to allow the truth to come out and not work it for special interests and perceived political lime light.

Let it be known PNJ. You are doing the county a disservice by selective reporting.

Marlette, don't even go there if you are clueless either.

Anonymous said...

Have to agree that the PNJ reporting has been extremely biased. At first I just chalked it up to sensationalizing to generate clicks, but as I've watched their coverage continue, it really seems like they've chosen sides. The stories on the board meetings are particularly slanted, not at all capturing the actual substance of the board's discussions.

Anonymous said...

How many email addresses does underhill have with the county? On the approx 500 pages released , there are some that start with PE and PB not just DB..

what's up with that?
Makes a public record request a bit tricky, wouldn't you agree?

Anonymous said...

page 427 of the public request package.
Interesting that some one from Massachusetts was a part of the April Press release.

From the IAEP.

Support Medical director call for review. April 10