Asst. County Attorney Charles Peppler wrote this response that was filed in court this morning. It was filed in response to a request through the court that the County be mandated and forced to pay for commissioner Underhill's legal fees in one of his numerous lawsuits.
This response eviserates the request from Doug's legal team that essentially sought to have the court force us to pay the fees and that this payment of fees was a foregone conclusion and essentially a ministerial function.
But repayment is not a ministerial function and not a foregone conclusion.
from the response by the county:
"FIRST AFFIRMATIVE DEFENSE
The AWM does not meet the legal requirements necessary to compel the execution of a ministerial duty, as the Board has the discretionary authority to deny Petitioner’s request for legal fees and costs according to the terms of the LR Policy.
SECOND AFFIRMATIVE DEFENSE
Petitioner has violated the LR Policy by not complying within ten days of having been served with a suit or having retained counsel and submitting the information required by Section D., Procedures, contained in the LR Policy, which is a mandatory obligation imposed on Petitioner.
THIRD AFFIRMATIVE DEFENSE
Petitioner is not entitled to seek reimbursement for legal fees and costs, as his conduct in using social media networking sites to interact with Scott Miller violated the County Commissioners’ Technology Policy, adopted on August 20, 2009, which was in force on the date that Petitioner made his online comments concerning Scott Miller. A copy of the Technology Policy is attached to this response as Exhibit 1 and incorporated by reference.
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CONCLUSION
The Alternative Writ in Mandamus must be denied as the Legal Representation Policy involves more than just a ministerial duty to grant attorney’s fees on a rubber stamp basis, but empowers the Board to apply its discretionary authority in reviewing a commissioner’s written request for attorney’s fees and costs. The LR Policy mandates that a commissioner comply with its procedures to obtain publicly-funded legal representation. Moreover, Petitioner has violated the County’s Technology Policy by discussing County business on a Facebook page with a constituent. Based upon the foregoing reasoning and cited authorities, the Alternative Writ in Mandamus must be denied.
Respectfully submitted,
Escambia County Attorney's Office
221 Palafox Place, Suite 430
Pensacola, Florida 32502
(850) 595-4970
/s/ Charles V. Peppler
By: Charles V. Peppler, Deputy County Attorney"
8 comments:
I thought I had read the bocc had a social media policy because I recall in one meeting Commisioner Underhill acknowledged breaking a social media rule and stated he would continue doing his thing on Facebook regardless. His personal vendettas and self serving agendas are coming back to haunt him financially. The county/tax payers shouldn’t have to be punished financially because he can’t control himself on Facebook.
from your article
"Moreover, Petitioner has violated the County’s Technology Policy by discussing County business on a Facebook page with a constituent. Based upon the foregoing reasoning and cited authorities, the Alternative Writ in Mandamus must be denied."
So that does mean you are violating policy here? and on your page?
Don't forget Robinson's words "enemies accumulate"
I believe you all voted to throw out the technology policy for the commissioners.
The link doesn't work for me. Check the link
Thanks for the information.
It shows the raw power the BOCC does have, and splitting hairs is the date the policy was in effect.
Deny to pay the fees. He has wrought much harm upon the board and upon the citizens of the county via his continual action on social media.
Next unsolicited opinion from me to you.
It might be a good idea to ask the rest of us to interact on a facebook page and not here because I can see the shaky ground you could be on in a very similar fashion.
I predict a PRR for IP's etc.
Good for the goose good for the gander.
Although many of us are also counting down the days like Wendy posted publicly on ECW last night, I doubt they will go quietly into the night.
Yes he said it here Lisa. He said he refused to follow the policy July 27, 2017 https://issuu.com/inpublisher/docs/inweekly_july_27_2017_issue
I wonder how Jacqueline Rogers, Wendy Underhill, Theresa Blackwell feel about knowing they had probably a hand in Gilley's departure.
BCC can't defend against that they collected screen shots handed then off to an employee Edler/Commission Underhill et al and then Gilley assisted in a strategic lawsuit against public participation. SLAPP
I wish the board could call for Underhill's removal also.
Pino did not post Edler's address on facebook technically and Edler could have messaged the admin of the group and have it removed anyway, She chose to add that to the lawsuit.
Some consider it doxing but the judge didn't even agree.esp since the defendant wasn't the one who posted it. We saw what you did there Jacqueline.
This demonstrates what a vindictive person she is and it is all coming out.
I am not Pino, and I am not involved, nor endorsing her for a candidate but I can see what happened here.
It is all on the clerk's site, and the go fund me was on Commissioner Underhill's page with these three model citizens from Escambia Citizens Watch. Gilley knew it and consulted the attn and then it got cleaned up some how and done away with.
That's why the group is getting some blow back as things come to a head. They settled on the paramedic.
Que
Dirty Deeds Done Dirt cheap..in the background.
Don't pay these legal fees.
Escambia Citizens are sick and tired of these malicious actors.
I feel for the embarrassment coming out for Barry because people aren't smart enough to understand what happened with this 401a ask. I will say the "make whole" suggestion was not a good look and that is the fall out however the contribution set by the state for either is the same.
Isn't it annoying how the public simply just gets on a bandwagon?
No wonder decent people don't want to step up to serve.
You all do a lot, in your wheel house.
There has been a long term systemic issue with management, HR..who knows.
If a citizen group would focus on helping people get to the org chart, report to the proper level, honor and respect their leaders, not bash them and be used by them we could get ahead and go some where.
Call ECW anytime
Dirty Deed Done Dirt Cheap
https://www.youtube.com/watch?v=UIE4UjBtx-o
Don't Pay it.
How much money is Commissioner Underhill asking for in legal fees?
How much money does he want to get for his own pocket?
Can that be published here or will Jim Little run a story of exactly how much of a legal bill he has run up and wants the taxpayers to put in his pocket for politicking on ECW?
Maybe they will, hey Jacqueline how much money is he trying to bilk us out of? Did he leak that info to you yet?
Inquiring minds want to know.
Maybe Rick O will publish that data.
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