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I am one member of a five person board. The opinions I express on this forum are mine only, and do not necessarily reflect the views or opinions of the Escambia County Staff, Administrators, Employees, or anyone else associated with Escambia County Florida. I am interested in establishing this blog as a means of additional 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. Although this is not my campaign site for re-election--sometimes campaign related information will be discussed, therefore in an abundance of caution I add the following :








Friday, November 8, 2019

BCC Says NO to Paying Commissioner Doug Underhill's Legal Fees

The BCC said no to paying for Commissioner Doug Underhill's legal fees at our regular meeting last night....


There was a discussion item on last night's BCC agenda, the subject of which was the payment of legal fees for Commissioner Doug Underhill.  The board had previously rejected the idea of paying these fees prior to the case being heard in circuit court.

The local court case happened and the judge ruled in favor of Commissioner Underhill.

$15,600.00 in fees and costs were presented last night for the board to consider paying.  The wrinkle now for me is the fact that an appeal to the district court of appeals has been filed in this case.

 Absent that appeal, I believe the BCC would have paid the legal bill for the successful defense of the lawsuit brought against Commissioner Underhill in the circuit court.  This would have been appropriate under statute and board policy.  Had we refused to do this, I have every confidence that such a non-payment would have itself been challenged in court and we would have lost that case. 

And then we would have been paying fees on top of fees to attorney Ed Fleming.

So I brought a motion for the board to consider last night which would have allowed for the amount owed currently to be set aside in a reserve account after full payment of the current bill to Ed Fleming by Commissioner Underhill was verified.  This ammount would be held until such time as the court of appeals came back with a dispositive ruling on the case.  If the appeal was ruled in favor of Underhill--the fees held in reserve would have immediately been paid to him.  I felt like this was fair given the circumstance and I felt it would insure timely payment to Ed Fleming for his services rendered in this current case.

But the board did not want to support this sort of an arrangement, I did not get a second on this motion I made.

After much subsequent discussion by the board, Commissioner Underhill made a motion of his own, that the full legal bill be paid immediately.  His motion died for a lack of a second.

After much further back and forth dialogue on this topic by the four of us on the dias, the outcome is crystal clear now.  The BCC simply says NO to paying Commissioner Doug Underhill's legal fees. 

I suspect we will next address this topic if and when the appelate court renders a decision on the circuit court case, which could take months or even years......

5 comments:

Anonymous said...

Really happy you did not pays this. That was quite the performance last night though.

We saw the original thread,on ECW, it was an adhominum attack on a discussion about a different subject. Couldn't believe he would then issue that statement to PNJ about the raid. The medical director as a public official has filed a lawsuit on a citizen. Check out the public record on escambia clerk site. In my opinion it looks like she is mis using the legal system herself. The county needs to be aware and following that in detail.

Captcudd@gmail said...

Please tell me how a principal in a elected body can bring a motion on his own behalf? Does conflict of interest not a concern of the BOCC any longer?
Underhill should have never been able to vote much less bring a motion on ANYTHING to do with his benefiting from taxpayers money.
He has already violated the public trust by receiving gifted goods in the form of reduced legal charges and credit given by Ed Fleming who should have an ethics charge brought against him.
I salute the admonishment delivered by the BOCC to D2 for his rude, unprofessional actions and rhetoric against private citizens and voters.

Anonymous said...

It’s so wrong to not let him get any slack. He’s like gasping for life. Help a brother out.

Anonymous said...

He looks like he falling apart on a rampage online saying that he single handedly routed out corruption and incompetence in the county and keeps defaming the Bear family and siding with the medical director. Plus says he will cut FLWest and roll back the gas tax. Those were 4-1.Since he has caused the entire board to be drawn into Federal court, you really need to be aware of his public persona and keep eyes on him. It is concerning to observe. Many will no longer approach him directly and some may even believe him still.

Anonymous said...

Is the Go Fund me for his legal fees legal?