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| The Escambia County Commissioners have been dragged through the mud over the actions of one member. Monday's Federal court order vindicates the board and provides a path forward, out of the "mud" |
We have spent thousands and thousands of dollars defending a lawsuit that was brought about, again, by the purported, alleged illegal actions (or willful inaction) of one member of our board.
At issue: Whether or not all applicable and responsive public records requested by a citizen were, in fact, turned over by Commissioner Doug Underhill to this citizen as specified in Florida Law.
About a month ago, Magistrate Judge Hope Cannon issued an order and in it she alluded to the fact that some of the records she reviewed that were NOT turned over to the citizen in question who made requests of Underhill were, in fact, bonafide public records.
Subsequent to this, a motion was entered in court, made by the public records requesting citizen's legal team---to compel the BCC to force Doug Underhill to turn over records over which he, Doug Underhill, has sole possession of and control.
Everyone knows we can't MAKE him do it, we have no ability to do so. Legally or otherwise. He is, like each of the five of us is, an independently-elected, constitutional officer. We have no power over him, he has no power over us.
Which makes that motion to compel request of us somewhat baffling.
Well, Monday the Magistrate issued an order that most of us were expecting to see. In it, she ruled that NO-the BCC cannot be compelled to force Doug Underhill to provide information over which only he has control and autonomy (namely Underhill's personally-owned and operated social media accounts).
From the order:
“Given the lack of clear authority on this issue, the Court
finds it unnecessary to compel the ECBCC to produce the information when the
information is available from Underhill…Finally, to the extent Underhill, in
his official capacity, is arguing he does not have “possession, custody, or
control” of the Facebook account, that argument is nonsensical.”—Magistrate Judge
Hope Cannon
So in the order on the motion to compel-- the motion by the citizen's lawyers was denied in part (The part where the lawyers wanted the BCC to be compelled to "force" Doug Underhill to turn over the previously requested public records) BUT it was also granted in part-requiring Underhill to turn over all of the requested public records within 14 days.
5 comments:
We sure could have saved some taxpayer funds if Underhill would have learned to STFU and not have been such a Ahole on ECW facebook, hiding behind JAR skirts, his personal page -- posting county business then next a pic of Wendy in her bathing suit and next a post about county business..then of course his own Commissioner page where he couldn't stand some one possibly disagreeing with him. BLOCK and hide.
He is funny. Trying to use his information warfare tactics, thinking no one could see what a farce he was/is. Too bad, he does has some things to offer, not much, but a little.
It will be interesting to see all those political manipulations though. I guess the poor ole citizen whose feelings were hurt may publish the public records.
The truth shall BEAR witness of itself.
I hope the board gets a new D2 rep who is not toxic nor draws lawsuits toward themselves.
Many can spot one who thrives on conflict, personality, scorn, bullying etc rather than issues.
Wow this reads like Melissa Pino potential D2 candidate--what to see what she is all about go to her FB page but be careful if u are a Republican--will block you--guess that's how a good girl hangs our her Left Leaning Liberal Democratic flag. I am not sure how she could be a candidate for BOCC when she is a volunteer for Bergosh.
For
Dim & Low May 28 1:55 PM
In response to this :
"I am not sure how she could be a candidate for BOCC when she is a volunteer for Bergosh."
Here's a logical fallacy for you to define if you will
"Not sure how Underhill's aide, Owens -- a paid political operative for D2 could have been a candidate for D1"
14 day are up. Can't wait for some one to publish these. I bet it won't be on ECW f/b disinformation propaganda site.
Where's the Jiffy Pop.
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