As everyone in Pensacola who is not living under a rock knows by now--there has been some very, very concerning and troubling issues surrounding the Board's project to Master Plan our OLF-8 property in District 1.
As emails have surfaced and many have now been examined, one of the things that most concerns me is the lack of notice by our consulting team, led by Registered Architect Marina Khoury, about schemes and plans to undermine the Board of County Commissioners' project at the OLF-8 field that appear to have been developing on a separate track concurrently with the public Charette Process.
Team Leader Khoury was copied on emails where the client (Escambia County) was being targeted by third party individuals for "Public Embarrassment" and also where insinuations were being made that the Escambia County Commissioners (DPZ's Client here) were acting with "malfeasance." Yet no notice to any County staff was made. These emails sent to our consultant via email copy to her created what even the most casual observer would instantly realize was potentially a serious conflict of interest! At a minimum such emails sent to the "team-leader" of our consultant group would have necessitated IMMEDIATE consultation with the client. Didn't happen.
I have asked our County Attorney if our contract has been breached due to some of these sorts of machinations I'm now seeing within these released public record emails.
And County Attorney Alison Rogers has now provided me her response and also additional documentation concerning the professional duties, responsibilities, Canons, and obligations of a Registered Architect under the AIA (of particular note, the canons under III)and also under Florida Administrative code.
As I peruse the information related to Architects under the FAC--I see areas of this code that may have
been violated so far as I can tell (I'm not a lawyer, I'm not a prosecutor, but I can read).I'm not happy------- and the overall lack of communication/notification and inaction and apparent indifference to the client here has damaged this process to create an unbiased, transparently constructed master plan at OLF-8.
Of particular interest -section (6)(a) and (6)(c) in the FAC under grounds for Disciplinary Proceedings:
"(6) An architect, firm, or business holding a certificate of authorization shall not commit misconduct in the practice of architecture. Misconduct in the practice of architecture shall include but not be limited to:
(a) Being untruthful, deceptive, or misleading in any professional report, statement, or testimony whether or not under oath or omitting relevant and pertinent information from such report, statement or testimony when the result of such omission would lead to a fallacious conclusion on the part of the client or the general public;
(b) Offering directly or indirectly any bribe or commission or tendering any gift to obtain selection or preferment for an architectural employment with the exception of the payment of the usual commission for securing salaried positions through licensed employment agencies;
(c) Knowingly becoming involved in a conflict of interest as to an employer or client without the permission of the client or employer. In the event such conflict is suspected or determined to exist an architect immediately shall:
1. Disclose in writing to his employer or client the full circumstances as to any possible conflict of interest; and
2. Assure in writing that such conflict will in no manner influence the architect’s judgment or the quality of his services to his employer or client; and
3. Promptly inform his client or employer in writing of any business association, interest or circumstances which may be influencing his judgment or the quality of his services to his client or employer;"
1 comment:
So where is Janice Gilley on all of this, Commissioner Bergosh? It's dumbfounding to me that in the hours of public conversation about this recently, to the best of my recollection she has only spoken twice--once to try to explain away Terri Berry being blocked from meetings as her just being so awfully busy, then switched her story midstream after Commissioner Barry voiced his unhappiness with that stance to "I didn't know," and then at this last meeting told you that she didn't know anything about these emails. Nothing more.
If it's not her job as County Administrator to be taking a role out front for the Board on this, then what the heck, exactly, is she getting paid--is it 230K?--a year to do? How about her overpaid Assistant Strong-armers? Where have they been in all of this?
I mean, I get it that Janice is providing a vital service to her hand selected vendors to sole source and single vendor their contracts, and that apparently has her pretty busy with her agenda games.
But shouldn't she or her agents be involved in getting this DPZ mess straightened out? Or is County Administrator just one more of those nebulous professions in Florida that has no firm fixed rules, regulations, and codes of conduct?
--Melissa Pino
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