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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.

Wednesday, August 4, 2021

Inside the Sausage Grinder: Part III

 

Documents linked within this blog post pertaining to a recent legal settlement with a former employee illustrate how contentious some personnel issues can become when board policy is not followed with fidelity--and the expensive outcomes.

"Alison,

I received three transcripts related to our settlement with Matt Selover late this afternoon from Kimberly Chappel.  If these are a public record and do not require redaction, I intend to release them on my blog first thing tomorrow morning.  Please advise if there are any legal or ethical prohibitions on me making these documents public unredacted, in the same form as I have just received them and in the same form the CoC has apparently received them.

Please advise soonest.

Thanks,

 Jeff Bergosh

 Vice-Chairman and District 1 Commissioner,

Escambia Board of County Commissioners"

 

FROM Alison Rogers:

 

"Jeff, pursuant to state statute, I am of the opinion that all of the transcripts are public record and we are obligated to make all of the transcripts available."

 

Some of what we do in government is not pleasant-including contentious shade meetings to deal with pending litigation.  This is why there is a term related to the work of governing--"making sausage."  Making sausage is not pretty, it is downright nasty;  stuff goes in, and sausage comes out.  Most like sausage but not the process.

 As it pertains to this issue and the transcript I am going to link below from November 12th of last year--Once the litigation with a government entity is completed, the transcripts of the shade meetings associated with the litigation become a public record.  We recently settled this particular lawsuit, and a number of individuals and media outlets have requested these transcripts already.  So they will be coming out and therefore I am posting them here also.  They are an interesting read and view into what are typically confidential discussions.

Read BCC Shade Session 11-12-2020

37 comments:

Anonymous said...

Jana Still made herself look like garbage.


https://ricksblog.biz/hr-director-tried-to-throw-bergosh-under-the-bus/

Commissioner Jeff Bergosh says a series of emails between former HR director and a claims specialist were done to cover the director’s mismanagement of a former employee’s harassment claim that resulted in a $200,000 settlement. The county attorney called the communications ” just weird.”

The emails were dated June 28-June 30, nearly two weeks after the commissioners approved the settlement and before HR director Jana Still was fired by Interim County Administrator Wes Moreno on July 7. Read 20210803_Mark D. Bartlett_001

“She was trying to cover herself,” Commissioner Bergosh told Inweekly. “She knew the walls were closing in. She totally mishandled the Selover case.”

He explained, “If you watch that (email) string, Still obviously had a phone conversation with Dan Loych (of Glatfelter Claims Management) and then she follows it up with an email. And then when he emails back saying, ‘Yeah, summarizing our call, Jeff Bergosh ‘tanked the defense’ and you’re wonderful. Then she replied back to him and copied a bunch of people that were in Janice’s (former County Administrator Janice Gilley) stable.”

The email string starts with Loych referring to a phone call, as Bergosh said. The claim specialist asserted, “The primary reason we ended up paying so much in the Selover case was due to Commissioner Bergosh’s testimony against the county.”

He later added, “Bergosh made statements that he was really not qualified to make and tanked the defense that we had been working to put forward and damaged our ability to file a motion for summary judgment.”

Bergosh told Inweekly that he spoke the truth in his deposition. “I was subpoenaed and gave testimony under oath in a deposition. I’m not lying for anyone. I’m certainly not going to lie for the screw ups of Jerry Maygarden, Janice Gilley and Jana Still.”

Former State Rep. Jerry Maygarden was hired in 2009 by Gilley to fix issues in public safety, EMS and fire department. Bergosh is convinced that Selover was wronged by the county, and the county didn’t follow its procedures. “Matt’s (Selover) name is just about to be totally vindicated that’s the next step in this process.”

Anonymous said...

Jacqueline Rogers and her gang of 4 thugs will start her habit of slandering on ECW in 3…2…1…

Anonymous said...

Anonymous 404 PM…i think you meant 7 tin foil hat wearers…

Anonymous said...

The same losers will twist this 500 ways to Sunday to make you out to be the bad guy. Truth don’t matter to them. When I read their comments I get the impression of them glued to their chairs with crumbs from yesterday’s snacks on their shirts and all over their desks their eyes dilated like dinner plates furiously typing to dig their holes deeper. Lonely losers club.

Anonymous said...

JAR reminds me of Ursula from the little mermaid. ECW is like an ant bed and Ursula is the stick.

Anonymous said...

Jacqueline already started on ECW and her trained monkeys joined her right on que. Wendy underhill your denial won’t work. Dougie poo made a post from flora bama yacht club and tagged rayme elder being with y’all there. Sober up.

Anonymous said...

It’s hilarious to watch Jacqueline and Doug come unglued and start personally attacking the man calling those two out with facts.

Anonymous said...

Commissioner Underhill your classless comments and your hateful wife’s comments on ECW is unbecoming behavior of a public servant paid with our tax dollars. Both of you are nasty bullies. What kind of example are you setting for your kids. To be bullies too? Calling your constituents nasty names is shocking. Running down the other board members by calling them nasty names is unprofessional. You don’t represent our community well..You’re turning escambia county into a trashy free for all.

Anonymous said...

David Prague handed Doug and Jacqueline their asses on ECW today. This is just one of many great comments. Jacqueline would lie through her teeth on her death bed for her darling Doug.


Douglas Underhill No, I don't. Perhaps you could explain 1.) why someone contacted him AFTER the settlement and 2.) who is paying his fees... or you could continue to personally attack me (you do realize that whenever you fall back on this childish "you don't understand"... "who is he working for..." it really just underscores how badly you are losing this debate, don't you?) I get it, Doug, ECW is your safe space, and you're mad that I don't at least post a trigger warning when I challenge your BS narratives.

Anonymous said...

5:48
https://www.pinterest.com/pin/207798970282826296/

Anonymous said...

This is how Commissioner Underhill talks to his constituents that disagree with him on ECW. I took screenshots of all of his comments to file a complaint against him including this one he deleted. We deserve better than this trash.

“David Prague You are a man of very limited education and experience. You understand so little about HR policy. Do you even have a job? The bottom line is that it isn’t any of your business or anyone else’s why she’s on leave, if she is exercising an employment right under federal law. What a little sexist punk you are.”

Anonymous said...

Could Commish Underhill be brought up on another ethics violation concerning all the comments he’s made on this case on ECW?

Anonymous said...

Jacqueline Rogers, Alex Arduini, Joel Cotton, Sean Bullington, here’s some facts to correct your slanderous statements about the 401(a). Alex Arduini said Allison Rogers had the most to gain, over a million dollars, they made her out to be a corrupt villain. I know all of the comments made have been saved and I hope all of them are sued.


Other Inconvenient Facts

County Attorney Alison Rogers was never going to benefit from any 401(a) settlement plan had it been approved. She never considered opting out of FRS. It was stated in the agenda item materials in early June.

The BCC never voted on a settlement. They only discussed the item and didn’t get into many specifics before voting for more legal research to be done. The vote was unanimous.

County Clerk Pam Childers wasn’t a factor in the vote. She spoke after the issue had been decided.

Miss Cleo said...

I predict in 2022 several people will have to get extra jobs to pay their legal defense fees. Better get to scrolling the help wanted ads now.

Fed up said...

I’m surprised Doug hasn’t been sued AGAIN for the things he says on Facebook. Instead of doing his job he decided to skip this morning’s meeting to bad mouth on ecw. Can someone remind me why I pay my taxes to support him so he can spend his time trying to blow up the board because they won’t pay his legal bills? I don’t want my taxes paying for a buffoon spinning his vendetta on my dime.


“Does the performance of this department warrant a raise? Or does it warrant some terminations? We settle cases we should not settle. We lose cases we should not lose. And when the work is hard, we outsource it to a specialized law firm anyway. We conduct business in Shade Meetings that should be conducted in the sunshine, and Alison fabricated a “class” of employees to cover up the fact that she and Steven Barry were trying to line their pockets.”

Anonymous said...

The handful of commenters on ECW that strongly push particular agendas remind me of a terrorist group…There bent on dominating the dialogue.. If you disagree or have your own opinion or state hard facts their radar goes off and they sweep down like witches and vilify you to control the dialogue….It’s the same cyber bullies every time…They’ve made a reputation for themselves for being a group of unsuccessful losers that spend their lives on Facebook to control others…Only lonely miserable people that don’t have any real control of their own lives do what they’re known for doing…

Anonymous said...

Commissioner Underhill you live on ECW criticizing the other commissioners and act like you’re the best thing the county has ever had. Fact is you’re the worst thing that’s ever happened to the county. Hell, you don’t even show up to the meetings and you leave early when you don’t get your way. ECAT doesn’t matter to you. The only thing that matters to you is kissing the asses of your developer friends and causing drama every week for the county. Are you always drunk or are you just a drama king hell bent on destroying the county because you’re not getting your way? The best day for this county was the day you announced you won’t run again. I don’t blame you for wanting to spare yourself the embarrassment of a huge loss.



‘“Robert Roy if every citizen demanded an investigation....we might get one. So far, we all seem content to let a cartoonist carry the load for all of us”


Robert Roy’s response: But my point is this I stood in front all five of you and told you that vehicles at Ecat are not getting the attention needed to prevent possible accidents and that I would like to speak with you privately about what at that time I thought was being hidden from you and the public from the managers and supervisors employed by Ecat!!! But I have not heard anything from any of you including your self.. just so you know I literally gave up my many sick days and leave hours of seven years!!! Because I began to feel unsafe at my work place and completely miss guided by my managers!! This all being said I have left Ecat for hopefully someone who has respect for me and that will not put my life or coworkers in danger”

Anonymous said...

Commissioner Underhill the web you have weaved because you set out to deceive has you all tangled up.


https://ricksblog.biz/rogers-helped-underhill-get-an-ethics-commission-opinion/

Anonymous said...

The daily newspaper believes that County Attorney Alison Rogers committed a crime when she didn’t get the Escambia County Commission to vote for her to help Commissioner Steven Barry get an advisory opinion from the State Ethics Commission.

However, the PNJ had no problem when the county attorney asked the Ethics Commission, on Underhill’s behalf, for legal advice on the commissioner forming a legal defense fund. The legal fund would be a direct financial benefit to the commissioner, offsetting his legal fees. The Board of County Commissioners didn’t vote whether she could get an opinion. No, she did it for Underhill’s personal benefit to avoid future ethics issue for him.

Rogers didn’t ask for a written opinion and got a verbal reply in less than 24 hours. She was told a 1998 opinion would apply and the donations to the fund would be considered gifts and must be reported every three months to the state. Read PNJ, “Ex-Escambia County Commissioner criticizes Doug Underhill’s legal defense fund,” 9/30/17.

Jim Little wrote the article. I’m surprised he didn’t remind his editorial board of the precedent set by Underhill.

Then there’s the secondary attack the Rogers went before the Ethics Commission to “line her pockets.”

In the June agenda, the county attorney made it clear she would stay with FRS, would not participate in any resolution regarding the issue and would withdraw from any legal representation if the issue was litigated. She didn’t try to “line her pockets.”

“The County Attorney is an SMSC employee, but gives notice to the Board that she is not transferring to the 401a program. Further, should the Board authorize any resolution regarding this issue, she is not participating in nor receiving any resolution from the County. Should this issue result in any litigation or further proceedings, the County Attorney may be required to withdraw from representation in order to ensure there is no conflict with Florida Bar Rule 4-1.7(a)(2).”

Recap:

County Attorney has helped commissioners get legal opinions from the State Ethics Commission – not just Commissioner Barry.
The State Ethics Commission knew she was helping Barry and Underhill, not acting on the behalf of the county.
Rogers made a clear, unequivocal declaration she was NOT transferring to 401(a).

Anonymous said...

A couple of observations from the meeting tonight.

Jacqueline and Sean reported on ECW. Sean falsely reported by twisting Elizabeth Westmark’s comments. He posted “The Westmark have become perineal visitors to meeting for their gain$.”
TRUTH about what Elizabeth Westmark said was “She promises they are not going to become a perennial presence.”
Sean and Jacqueline despise the Westmarks because Jacqueline Rogers lost her lawsuits. Bitter old b**** should be her nickname.

Commissioner Underhill was confused throughout the meeting. Is he drunk again or hungover? He left when eager beaver came up to the podium, but he was back the minute the vote was over. Commissioner Underhill forced the county to waste our tax dollars by suing eager beaver repeatedly and the county lost every time. Commissioner Underhill must not of wanted to face that so he left. When he came back he was confused again and Steven Barry had to correct him. Commissioner Underhill is useless. He gets paid 80 grand a year for his pathetic performance.

Anonymous said...

Commissioner underhill why did you walk out the minute commissioner Bergosh started talking about the false narrative you’re just as guilty of pushing as Marlette? You knew they were going to prove you to be the liar that you are. You left because you’re a coward!!!! You talk like a big boy behind ECW but you don’t have the nerve to say those things to your counterparts. You’re a cowardly drunk.

Anonymous said...

Imma gonna write a book:
"How not to get sued for dummies" and credit my few years of watching Escambia County government and facebook.

Not really
This is exhausting, I didn't even watch the meeting today.

Sorry if I'm off topic but while this is going on the secretary of the treasury did write a letter to congress trying to up the debt ceiling, I went to the grocery store and prices were up, I visited an old web page and yes they are spinning the most weird anti vaccine stuff imaginable. I decided to say nothing.

I cut the grass today-- it was hot.--I'm getting older.

Commissioner May says some things in the transcripts..like "I would fire some one today.."

Nice to know Barry says "shit" when he thinks no one is listening.

The day you all hired Edler..wouldn't it be nice if you could go back in time and undo that?

Can't

Really did she file yet another lawsuit, or contact DOH that Escambia was operating with out a license.

I know I could just turn this off..

Know that you can't.

I think helping Selover, helped get to the bottom of deeper problems. You have insurance.

It does boil down to following policies and being professional.

It would have been better if Underhill had not taken to facebbok like he did.

But I think the bigger thing that was revealed is you can't have big shots ruining a few people's lives like the one's now arrested and gagged facing trumped up charges and get away with it.

I think Maygarden, Gilley and them think that's the way to do things.

A meme went around not too long ago about the twilight zone and Imagine if you will a county so corrupt, someone commits suicide and crawls under a house...

I'm writing this anonymously from Australia..

why because this "crap" need to end.

Be excellent to each other, do your jobs, back off the egos..

Eric Sharplin is right..

MP is good about honing in on this but she also sets a bad tone, even though she fight the present evil.

She has also shut down free speech in her own way.

I know you like her because she is relentless in this local soap opera stuff but it would be nice if she would allow others to feel comfortable to talk also.

So far she has not demonstrated that.

However she hangs tough, more than anyone I've come across.

I actually wished I had never signed up for facebook nor become interested in local government.

But a mind stretched can never return.. or something like that.

Oliver Wendall Holmes





Anonymous said...

Whoever starts the first "I'm going to sue Underhill and ECW" GoFundMe... what would a reasonable goal on that be? $50K? $100K?

Anonymous said...

Why did the county have those paramedics arrested with those excessive charges and the SAO issued a gag order that they are not to contact any of their past fellow employees.

The county paid a small fine as agency to the DOH that Rogers mentioned in the shade transcript.

Do you think it is right that one or two of the veteran employees may or may not have been in a class that let them be eligible to teach a CPR class. Have you ever taken CPR. I mean, you clear the airway, blow in, chest compressions.. They take the classes over and over. Should they go to prison on RICO charges because the county didn't want to keep fighting their own MD that turned them in.? Is that the way QA is supposed to work?

Why was it handled this way?

Anonymous said...

Anon 9:16 HAHAHAHAHAAA!!!! That’s a go fund page I’ll donate my whole check to

Anonymous said...

August 5, 2021 at 8:37 PM
Perhaps he had to stay up all night mansplaining about being at the Floribama with you know who.

Melissa Pino said...

Anon 10:02

While I agree with the people who are saying "even if there was a bad cert written that isn't the stuff of criminal charges"--it actually happens all the time, all over the country, when leadership gets lax, and it doesn't result in criminal charges--I just want to throw in a word of caution that I have never heard of any evidence whatever that this actually was the case per the people who have been arrested. I have heard of

--a supervisor who sat the Selover QA board writing his own certs (no repercussions),
--a captain in the Fire Department admitting that he had been running on an expired cert (no repercussions)
--a medic in EMS who came clean to Underhill that he knew his certs weren't up to date (no repercussions), and
--it has been widely circulated that the person who stepped into the AHA role after the previous person had been arrested was then caught out writing bad certs (and was allowed to simply slip out of his administrative role back to a bus in the North County).

I've never heard a single thing about any of the four who were arrested being involved in bad certifications in any way. Were any of them knowledgeable about the above? I know some weren't, but I don't know about all. I have spoken over the last two years with *many* in the EMS department who were unaware of anything whatever with certifications, so it's very difficult to understand how it could have possibly been a rampant problem, on the level of racketeering to boot (ahem).

Also, people need to keep track of the fact that, after the County paid that "sowwy" money to DOH, one of the local DOH investigators who was supposed to be getting to the bottom of all of this landed in Janice Gilley's Ethics and Compliance division investigating County staff directly for the administrator. She might even still be there...I really have no idea.

On a side note, on one of these strings I saw a few days ago somebody commenting something along the lines of "I can't wait to see you get dragged back into court and sued again, Mel."

It wasn't important enough to respond to as a stand-alone, but I thought I'd tack on to the more important stuff above--what on earth for? I've never lied about anything, and the people who I'm assuming you think would sue me know that I haven't lied about anything yet.

Moreover, they have had the example of Dr. Edler suing me when she knew I wasn't lying about anything. With the results that she got to pay me thousands of dollars in court costs, surrender her 5k bond, and was stuck with what was no doubt upwards of 200K in legal fees herself when all was said and done. Seems like that was a pretty good object lesson for any public official to think twice before bringing a bogus suit on any citizen advocate for simply telling the truths that public officials have been so desperately trying to cover up.

Anonymous said...

Anonymous 5:28 If you think the couple sexual texts that became public were bad, you have no idea. Didn’t Dr. Edler drop her suit against Mel Pino right before the formal discovery was about to happen? Will the public ever see the text messages between. Commissioner Underhill & Dr. Edler?

Don't fit me in a box said...

August 8, 2021 at 3:28 PM

"Will the public ever see the text messages between. Commissioner Underhill & Dr. Edler? "

Sounds interesting.. When and where will they be released? Sept 10 Grand opening?

Not going to spend a lot of time right now but to Melissa about the bad certs, I think I read on one of the cases and the depositions..on file at the clerk office one passed certs to employees they had not attended a class for.

Of course innocent until proven guilty but I just think that someone stated that. I think it was a Pediatric cert PALS. It may not have been needed for their license renewal..

They have the Basic life support and Advance life support continuing education to apply for relicense with the state. I think, So again, I know there are rules but they don't deserve jail time, I would think..

That kind of practicing without a license sentence should be for all out quacks and farce practitioners. imo

I guess if you keep naming private citizens by name or employees or people no longer employed by name they could file a lawsuit..

Why do you feel the need to do that?

On another topic

As far as reading over Covid vaccine arguments -- that will make one go crazy..

I think I'll just stick to myself, be glad I'm vaccinated and if I have to go anywhere wear my

"Trump Won" mask..

HAHAHA

Jill said...

Ignore JC he’s not well.

What were the other paramedics arrested for?

Not in a Box said...

One more Melissa
I'm not the one that said I hope you get sued again, but probably what they mean is you keep talking about people who are NOT public figures. or limited public figures.

I do think you did a good job pulling the EMS stuff out in the open, I hope lawsuits will stop yet I know some are still ongoing.

Shows things should be done right the first time.

As far as SLAPP they can be dismissed early on, if a motion is filed sooner.

To some, a goal is to avoid conflict and lawsuits and do things correctly from the start.

Of course in a libel or tort lawsuits with not a public figure, things could go differently.

People do have a right to privacy also.

Of course if they publicly write things, Fair play is to be able to publicly discuss those words, but you know people don't see it that way. Some think you are attacking them if you talk about what they themselves say and post on social media.

I see the hypocrisy.. It was funny how Cotton said you have 2 followers when he probably had to sign on with his Noah account to see what you said..lol

Anonymous said...

To August 8, 2021 at 8:51 PM

I know beating around the bush may not always be the best thing but, one can look up their names on a search by looking at "paramedic arrested" right about the same time the Country went on lockdown last year for Covid, so it didn't make a lot of waves if one wasn't paying attention. I can also search the cases on Escambia Clerk site.

They were charged with multiple felonies of fraud, forged instruments and Racketeering charges/ RICO. things like that. One more than others. You can read employees have been deposed several times.

They were issued an order to not speak to anyone from their past employment. I would consider that a gag order.

I don't know any of them nor have I spoke to anyone personally so maybe I am in a position to speak for the victims.

I think those are excessive charges.

Once arrested and charged though, all they can do is go through the system.

I've seen them continued several times, (delayed)

As far as feeling -- how would one like that hanging over their head this long?

To me it seems like a pattern of retaliation and a bad stain on the Administration of the County of how things were handled in public safety -- handling perhaps a medical error that needed to be addressed and methods of documenting training and other possible issues.

This was not the proper way to do that.

You can read in one of the transcripts here in one's own words how bad that is for an organization to have to be going through.

It's like if you slip up they fire you, arrest you, publish your name to the PNJ.
One of the commissioner stated he would do that, fire someone immediately for a mistake.

Does that foster teamwork and an environment of being supported and encouraged to grown and develop?

No it doesn't.

I think the county commissioners have realized that and have taken steps to remedy that by dismissing Gilley and Still. They both got severance packages, I think, and are free to go and make their own way.

Three of the other paramedics are not in that same place.

And they haven't been forgotten, at least not by me.

And this is spreading the word, hopefully it will help.

Those cases need to be dropped pronto like SW's was.

What are they waiting for?


Anonymous said...

Nathan munk is today’s lucky winner of ECW’s daily witch hunt. ECW - - tearing apart the community one person at a time.

Anonymous said...

I didn’t know about the ems arrests until I read comments here so I looked it up and it looks pretty bad. I believe in due process and innocent until proven guilty but why didn’t they do the mandatory training?

Anonymous said...

Please note the paramedics discussed above isn’t the same paramedic that was nailed to the ECW cross and shamefully crucified by admin and her gang. Although no one is safe from the personal attacks on her page.

Anonymous said...

August 9, 2021 at 12:46 PM

I read somewhere that someone said they did in fact, do the mandatory training, but maybe didn't document it correctly on time. I do not know exactly what happened.

Anonymous said...

11:38 I hate seeing what they do to people. They don’t discuss ideas or issues, they hone in on people to ruin their reputations.