How Did This All Start, Anyway? Part II: Agendas and Retribution

How did Escambia's EMS go from a 100% rating 
from the State of Florida in late July, 2018, to
being flat on it's "back" just 8 months later?

How did this all start?  The dysfunction, the tribalism, and eventually--the indictments?

Escambia County EMS is emerging from about a 3 1/2 year period of great turmoil--as multiple former employees are having charges dropped and deals cut for them to clear their names and resume their careers.  And for these folks---it has been absolutely devastating--even as they look to emerge from out of the clouds of suspicion.

 Others have resigned and left.  Previous leadership has been feckless and weak.  Employees were left twisting in the wind, and complaints of harassment were buried and those who complained were subsequently targeted.  It was a toxic, disgusting mess.

 Thankfully, this is changing now.

 Because we now have new leadership, a new medical director contract, a new public safety director, a new EMS chief and a new County Administrator--- and things are looking up.  But none of this will erase what has happened--so we have to go back a few years to get the answer to this big question:

 How did this all start, anyway? 

In Part I we discussed the genesis of the problem:  a tragic death, some inappropriate conduct in the field, and the push for some changes.  I've now spoken at length with multiple former employees who have related the information to me, on condition of anonymity, which I am using to write these posts.  This information is also augmented with public records that have been released regarding these incidents.

Background--the Fallout

After the horrific treatment of patients on the side of the road by two now former employees of the county (I'm told one transferred over to the Pensacola Fire Department, one attempted to stay with Escambia County in part time status but was not permitted to do so and he subsequently left)--changes were implemented within EMS by the leadership that was there at the time.

However-the jail had sustained additional deaths--not the fault of the then County Medical Director--but pressure was mounting to make a switch in that position.  Dr. Henning was eventually fired by then Administrator Jack Brown, and the subsequent applicants for the position of Medical Director were fielded.  Interestingly, one of the candidates on the final short list was a very close, personal friend and co-worker of the mom who lost her son in the tragic incident on Pine Forest road.  Along with this doctor, Rayme Edler, there was also a very well qualified applicant who at the time was serving in the military as a reservist overseas.  The selection committee wrestled over these two applicants.  Astonishingly--the military reservists' service appears to have been used against him--and this was openly discussed by the selection committee---who at one point even considered calling this individual's wife to see if she wanted her husband to retire?  At least one panelist showed open concern about Edler--mentioning his belief there were issues with her and medics who dealt with her at the Baptist Hospital ER.  This individual, along with at least one other, also mentioned USERRA and cautioned that the military reservist doctor's service COULD NOT, under law, be counted against him.

According to those with whom I have spoken--it certainly appears as if that might have happened, as that doctor was not selected.  Dr. Edler, a local, was.

After this, a high-level manager in EMS looked into filing a complaint about the military reservist's service being used against him in not being selected for the position.  I've been told this employee was unable to loge a complaint as only the person who was denied employment could make a complaint.

Meanwhile--word trickeled back up the upper echelon of Escambia's then leadership positions that this attempt at a complaint was made.   From that point on--this senior manager at EMS was a target.  I'm told he angered members of the selection committee by not supporting Edler and by expressing continued respect/support for the former director, Dr. Henning.  Also, leaders were infuriated about the attempted USERRA complaint.  So from that point on---the EMS leader's days were numbered, literally.   And I am told by witnesses to the conversation that upon her entry as medical director--the newly hired doctor gave the EMS leader who did not support her but nonetheless was working with her the following bitter message:  "I'm here for one reason, retribution.  And your days are numbered here..."  And subsequently, within about a year or so, that statement proved true.  And this EMS manager was fired and charged with criminal offenses.  Serious ones.  But not until after July of 2018---when the Escambia County EMS department received a stellar assessment from the Florida Department of Health--under this very manager's stewardship and leadership.

So what happened, what changed?

Many, myself included, have wondered what in the world happened between this stellar assessment in July of 2018----and the wheels apparently coming off the tracks just 8 months later?

More than one insider has told me it was deliberate and it was all about score-settling, vindictiveness, and retaliation.  Absolutely disgusting and gut wrenching if it is all true.

More on that in Part III.  

Attorney Troy Rafferty's Letter to the Clerk's Attorney on Behalf of the Board: BOOM!

 Here's the portion of a letter attorney Troy Rafferty sent out yesterday afternoon to the Clerk's office regarding the county's 401(a) plan:  It's a scorcher.

Outsourcing Jail Medical Function to Save Taxpayer Money AND Provide Better Inmate Care

Jail Medical costs are rising exponentially due to a number of factors.  The county should consider all models of provision of this care, including outsourcing, to curb costs and provide better care

County staff have been discussing the outsourcing of Jail Medical for the last several years---as these costs have grown exponentially.

At our last regular meeting--we had over $5,000,000.00 worth of jail medical budgeting that was being requested of us.  I pulled the item--as I knew we had been in talks with an outside provider to take the function over in order to achieve cost savings.

Several staffers received at least one proposal--however when asked about this at the meeting---there was a sudden sense of confusion and many staffers said that "no, they hadn't received the package and proposal."

So, I made a motion to pull the item, and the board voted to postpone the large medical expenditures--so we could all independently research what happened to the proposal from outside provider NaphCare.

(I never received the proposal either--although I was told it was sent to my office via FedEX.  I never got it, and ultimately had to borrow Commissioner Bender's copy)

Meanwhile---Jim Little from the PNJ called me yesterday afternoon and we discussed the reasons I moved to drop the expenditure and also why I think outsourcing could save us money and provide better care for inmates.  His column on this topic came out this morning and was a very good read.

The areas where it appears we can save the most money include:

--Reduced tranport to outside facilities--perhaps as much as 50% (saving guard staff time and vehicle wear and tear)

--Elimination of our costly Jail Med Malpractice insurance (Contractor would take on this cost)

--better overall care for inmates via proactive, initial assessments and flagging of inmates who are at risk

--staffing stabilization

--full utilization of our state of the art infirmary for more on site procedures (dialysis and other minor medical procedures for which we currently transport--costing us staff time and additional fees to dialysis providers)

--Savings via achieving a (much larger) economy of scale for pharmaceuticals

I plan on bringing the topic again at our October 14th meeting, at which point I will attempt to build support for the county developing an RFP for outsourcing jail medical.  At least this will allow for multiple companies to present their best offers and creative solutions.

At the end of the day--I am certain the board will choose wisely and will find an option that saves money and provides the care our inmates need. 

Fixing the Sarasota Ditch begins NOW!

Great news on a project in District 1 that has been a long time coming!!

Sarasota Street in the Floridian Subdivision off of Blue Angel Parkway has had a big problem brewing for over a decade.   The backyards of 7 houses were being eroded and were falling into a massive gully on the adjacent property.

For years, residents tried and tried to get action on this problem--with no luck.

About two years ago, I met with residents and said I would commit staff and resources to the issue.  We looked at MSBU's, which were not a workable option.  I ponied up $400K of D1 discretionary LOST money to make the project go.  Between the staff, enginerring, and legal---we developed a plan and put the project in motion.  Recently--staff was successful at having the project funded through a grant--which is a tremendous win because it puts my discretionary allocation back in the county coffers where it can be used for other worthwhile drainage and infrastructure construction.

Kudos to neighbors who pushed (especially Zoey DiChristopher) and for staff that were steadfast in brining this project to fruition.  I look forward to getting this solved and completed by early next year.

It took too long---but perseverance pays!  See County's Notice of Commencement, below.

How Did This All Start, Anyway? Part I

How did Escambia's EMS go from a 100% rating 
from the State of Florida in late July, 2018, to
being flat on it's "back" just 8 months later?

How did this all start?  The dysfunction, the tribalism, and eventually--the indictments?

Escambia County EMS is emerging from about a 3 1/2 year period of great turmoil--as multiple former employees are having charges dropped and deals cut for them to clear their names and resume their careers.

And for these folks---it has been absolutely devastating--even as they look to emerge from out of the clouds of suspicion.

Others have resigned and left.  Previous leadership has been feckless and weak.  Employees were left twisting in the wind, and complaints of harrassment were buried and those who complained were subsequently targeted.  It was a toxic, disgusting mess.

Thankfully, this is changing now.

Because we now have new leadership, a new medical director contract, a new public safety director, a new EMS chief and a new County Administrator--- and things are looking up.  But none of this will erase what has happened--so we have to go back a few years to get the answer to this big question:

How did this all start, anyway?  I am going to be discussing this issue later this morning on Real News with Rick Outzen at 7:10----and when he posts the podcast I will link it here.

The Beginning:

Some time in 2016 or 2017--a tragic event unfolded on Pine Forest Road.   A young man was struck in the road by a truck, and sadly this individual--who had suffered tremendous injuries-- perished.

Meanwhile  a video emerged subsequently that was horrific:  It showed this very incident, post-accident, as the Escambia EMS crew arrived on scene.  What followed was a very slow and calous response to the scene, where the patient's body was moved improperly and handled roughly.  It was a gut-wrenching thing to watch.

As it happens, this young man's mom happens to be a registered nurse--and she was not going to let this horrible response go unnoticed.  So she reached out to administrator Jack Brown, Commissioner Grover Robinson, and the other commissioners as well.  I had a meeting with this individual in my office.  It was extremely heavy, and very tragic.  She was angry, upset, and heartbroken.  And she wanted change.  I expressed support, at that time, for fixing that issue and others this individual brought up.

The events that followed--in an effort to "fix" issues--- actually morphed into something even more sinister and destructive.  Much more on this in my continuing series on this topic.....

Interesting Information on Redistricting from County Attorney's Office.

The below four-page memo on redistricting appears to indicate that we, the county, do not necessarily have to complete the redistricting process we have started by the end of this year.  Apparently, we can finish it up by March of 2022 according to this opinion.  The only sticking point:  This additional flexibility is specifically NOT authorized for the school board member districts which MUST only be set in odd-numbered years.  Knowing we do not want to create voter confusion on this issue (Commissioner districts different than School Board Districts)--I still am of the belief we should attempt to have identical districts as has been the practice previously and also that we do not need to rush the process.  If the school board cannot finish in '22--we shouldn't rush to do so either.  Because there is NO consensus on where the lines should be drawn going forward between D1 and D2--that much we all know for sure.  Doug Underhill has expressed "silly"(a word choice he makes frequently) ideas about what he thinks the lines should look like.  His ideas are garbage that will go nowhere. So, with all this said, we will see how our first joint meeting goes--and whether or not we can realistically adhear to the aggressively-agendaed, self-imposed "schedule" the current Board Chair has set for this process to be completed.  (I'm not optimistic we'll hash it out by November 2nd--a little over a month from now--in order to meet this self-directed, rushed timeframe.  But we'll see.....)

Media Covers Closure of Escambia EMS Cases--And I'll Discuss this Topic Tomorrow Morning with Rick Outzen on WCOA

 

WEAR covered the story of the three Escambia EMS employees having their cases disposed of in the local Circuit Court.  But the WEAR format does not lend itself to the necessary "deep-dive" required to flesh out all of the important details of the cases of these four former Escambia EMS employees three of whom recently had their cases disposed of in court.

Jim Little of the PNJ did do his homework, and he put together a very good article that covered the topic well.  He has some very good quotes from the lawyer representing at least one of the employees.  And he goes into some required detail as he describes the dozens of felony charges that have been essentially dropped.

Three of the four cases are not being prosecuted.  This is incredibly important.

Many who have actually dedicated the time necessary to look into these cases and these charges and some of the  nefarious actions which were allowed to occur which ultimately led to these bogus charges being filed--yes for those of us who have been paying attention this outcome seems appropriate.

Several employees had their reputations sullied by one employee with a massive chip on her shoulder--the size of a "boulder."

I'm glad to see these cases get resolved, but I remain disgusted over the fact that this whole issue got cooked up out of whole cloth in what appears to be nothing more than an attempt at a weird kind of score-settling payback against this organization.  I'm glad that effort is unravelling before our eyes, the truth is coming to light, those who were blamed unfairly are being cleared of wrongdoing.

I have been invited to speak tomorrow morning at 7:10 AM on Real News with Rick Outzen on  WCOA about this topic specifically---and I look forward to it.  I'm not going to hold back, I'm going to tell it as I see it.  This will not be comfortable for some that were involved in this spectacle.

An American Hero Receives a Fitting 100th Birthday Celebration on Pensacola Beach

NAS Pensacola Commanding Officer Tim Kinsella, on behalf of the Navy and NAS Pensacola,  offers birthday greetings and well-wishes to 100 year old WWII Navy Veteran Ray Gilbut on Saturday, September 25th 2021 at Pensacola Beach

They are known as the "Greatest Generation"--the men and women who stepped up to fight for America in World War II.  My Grandfather was a member.  Most of us have a grandfather, or great grandfather, or Uncle or Aunt that served.  Many of us are of an age that we were fortunate enough to hear the stories from these men and women firsthand.

But these men and women are all reaching the age of 100--and sadly many are dying and soon they will all be gone.

So when I heard about a local who served in the U.S. Navy during WWII in the Pacific and about his upcoming 100th Birthday--I was happy to support the effort to recognize this hero.

Local retired Marine Bobby Bonsignore reached out to me and my aide, Debbie Kenney, and asked if the county could assist in the 100th celebration for this Navy WWII Veteran, Mr. Ray Gilbut.  District 4 Commissioner Robert Bender, along with his aide Angela Crawley, took point and put together a proclamation and assisted with obtaining Escambia County Public Safety vehicles and ECSO cruisers for a parade in front of Ray's Pensacola Beach home which happened yesterday afternoon.

On a picture-perfect chamber of commerce weather day at the beach-- hundreds of family and friends showed up to participate in the parade and to honor Ray at his home.  It was truly moving to meet this man, shake his hand and say "Thank you for what you did for our nation!"  His family surrounded him and really gave him a fantastic 100th birthday celebration.  Media were present, and NAS Pensacola Commanding Officer CAPT Tim Kinsella personally brought greetings and well-wishes for Ray on behalf of the Navy and NAS Pensacola.  Commissioner Bender read and presented the county proclamation--and numerous private citizens drove by, honking and waving at Ray as he watched on from his balcony above the street.  American flags were waving, folks were smiling and happy;it was certainly a moment that transcended politics.  It was a day to be proud of our nation and what we did in defeating the Axis forces in WWII to win freedom for America and the world at that time.   

Celebration organizer Bobby Bonsignore sent a synopsis of Ray's service, which read, in part, as follows:

"....allow me to introduce you to Ray Gilbut with a quick snap shot of his life: Born September 24, 1921 in Brooklyn, NY, from Lithuanian immigrants, he spent his youth living between NY and Connecticut.  Upon high school graduation he worked for Winchester as an apprentice and machinist.  After the bombing of Pearl Harbor, Ray enlisted in the Navy and attended initial training in Newport, RI, and then machinist school in the Great Lakes, ILL.  Now designated as a Machinist Mate 2nd Class, his orders sent him by way of a Dutch freighter to Brisbane Australia to serve aboard the destroyer USS Selfridge DD-357.  The ship operated from New Caledonia to the Solomans. Off the Solomans during the battle of Villa Lavella, the Selfridge’s bow was blown off by Japanese torpedoes. After a 3 month trip back to San Francisco for repairs, she rejoined the Pacific Theatre and participated in the invasion of the Philippines, Saipan, and Guam. Post war, Ray was honorably discharged December 15, 1945, Machinist Mate 1C(T). Subsequently, he earned an assistant engineering license and served in the Merchant Marine for 3 years. Afterwards, Ray spent 29 years as a postal carrier for Bethpage Post Office in NY....Ray has 8 children, 26 grandchildren, and 29 great grandchildren."

 

Gannett and PNJ Ethics Quiz

 

Andy Marlette, the PNJ and parent company Gannett are cashing in on their PNJ cartoonist's newfound "fame" with the publication of his syndicated cartoon shrimp and grits.  He is making the company money---but is it moral and ethical for him to use the "N-word" in cartoons?  What about his despicable, dehumanizing and misogynistic attack cartoon focused on a female employee of  Governor Ron DeSantis---with the intent of attacking the governor through his female employee?  The cartoonist loves to make accusations about members of the Board of County Commissioners' retirement programs--but at least our programs are legal as outlined in state statutes.  And they are moral and ethical---unlike some of the histrionics from Gannett and PNJ via cartoonist Andy Marlette.  And Gannett stands by while these transgressions occur by liberal, white, progressive and privileged Andy Marlette--who spent the last 5 years doing some of the most disgusting portrayals of our former president in the country.  Meanwhile, conservative cartoonist Bruce Tinsley's Mallard Fillmore does a couple of zingers directed at our new President, Joe Biden, and BOOM--he gets IMMEDIATELY Cancelled--with his syndicated cartoon being deplatformed in the Gannett publications.  Talk about double standards, feigned outrage over "morals and ethics" and rank hypocrisy.  These folks are the worst of the worst. 

Three of Four Former EMS Employees Have Cases Concluded in Court

 

The first employee, several months back, had some major, serious charges leveled against him.  Some were felonies.  Eventually, his case was disposed of, and all the serious charges were dropped to two misdemeanors.  He is continuing his career elsewhere.

Now, today, comes news that two more of the former EMS employees that had a laundry-list of allegations leveled against them by our former medical director--have now had their cases resolved in circuit court today.  These two cases from today were concluded with neither employee admitting guilt to any of the charges, and both of these former employees were given a pre-trial diversion option--which allows all the charges leveled against them to eventually be expunged from the record--so long as the terms of the pre-trial deal are adheared to by these two former employees.  And if they so choose, both of these employees can continue their respective careers in EMS.  NO ramifications on their licenses.

Many of us have been watching these events closely, waiting for this day.

For many of us, this is vindication.  

I am quite pleased that these former employees can now move forward with their lives and get past this terrible situation they found themselves in with one employee who could take no criticism, and lashed out at junior employees once multiple harrassment complaints were filed against her.

Many believe, based upon what we're now seeing, that much if not all of these accusations and allegations of wrongdoing  was simply comprised of cooked up, trumped up allegations that have now evanesced under the scrutiny of a court proceeding.

I plan on really digging into this in more depth in the next couple of days.  

In the meantime---I'm very glad we have new leadership in Public Safety, EMS, and in the role of Medical Director.  Because what happened over the last three years did not have to happen, and a lot of good people were disparaged, disrespected, and run out of their jobs.

And some were charged with serious infractions which it appears, now, never happened.

The damage one rogue employee can inflict on fellow employees, junior employees, and an entire organization, are immense.  That's why mature, effective, and strong leadership is mandatory.

For several years in public safety we didn't have this.

Now, with our new org chart, I believe we do.  

Anger and Frustration, Disappointment over Lack of Raises for All County Employees

We're certainly very far from perfect--but we do try.

We gave starting firemen $10,000.00 raises.  We gave ECSO 6%.  We bumped up our corrections officers, We increasand EMT and Paramedic pay, we offered signing incentives/bonuses to increase recruitment, and we finalized the ECAT contract.  Lots, if not most, of our employees and other constitutionals did and will receive pay increases

But some employees for the BCC did not get raises.  

And this, apparently, has led to some significant consternation which bubbled up into the candid and frank email blast late last night from Chips Kirschenfeld, Director of Natural Resources Management.  

What did Chips say about the budget?  read it below.  He's certainly entitled to his opinion--and I respect his willingness to be open and say it.  Our jobs are not easy, and it will never simply be a reflexive "let's raise tax rates" as some administrators would like.  Not for my vote.  We work within our means, we do the best we can.

We're certainly very far from perfect--but we do try......

Moral and Ethical?

Apparently, according to the PNJ, we must ONLY ask if something's moral or ethical if  it's something that suits their ideology and it's something they oppose.  If it's a horrendous practice like killing babies through abortion--something PNJ ideologically support--then the liberal PNJ  shifts away from the moral and ethical implications...and scream "It's Legal!"  See how that works?

PNJ and their "crack" two-person editorial squad are apparently hung up on the question, as it pertains to the county's 401(a) plan, of  "Yeah, well what about the moral and ethical implications of the plan!?!"

Suddenly, apparently, the legality of the plan is unimportant to the PNJ.  They've already determined in their collective pea brains that "they don't like it--legal or not!"

So along comes someone like me that recognizes that the seminal question---the most important question---is whether or not it is legal.  Once we know that--we can take appropriate action going forward to fix the issue if that is necessary.  But now that it is appearing more and more likely that our 25 year established 401(a) is in fact, legal,  the PNJ has a new standard beyond that which they believe we ought to be held to:  Is it moral, and is it ethical??--WHO CARES IF IT IS LEGAL!!

Funny how the liberal PNJ switches stances and standards depending upon the issue.....

Here's an EASY one.  How about abortion?  It is legal, and the PNJ is undoubtedly  pro-abortion based on their uber-liberal bent.  It is currently legal---but never does PNJ ever bother to ask if that practice, the killing of the unborn baby is "moral and ethical"  Nope.  Goes against their politics.  Let's see though--what is a more pressing issue: A.)  greater percentage points in increased dividends on a retirment plan for three county commissioners that ultimately costs the taxpayers no additional funds---or  B.) the killing of millions and millions of babies, legally, in the USA since 1973---including hundreds of thousands in Florida and thousands here in Pensacola?  (You know the answer to this question.....does the PNJ?)

What about this one.  PNJ Cartoonist Andy Marlette, a white liberal, privileged individual, uses the N-Word in his cartoon and there is no backlash.  In fact, he gets monetarily rewarded with a nationally-syndicated cartoon as he even goes after female staffers in Governor DeSantis's office with misogynistic, disgusting personal attacks designed to damage the Republican, conservative governor through and via these very staff members.  Are these actions moral and ethical, PNJ?  I mean, your parent company Gannett de-platformed the creator of the conservative cartoon strip, Mallard Fillmore, because of far less--and then did a gobldygook- laden, gibberish editorial attempting to rationalize and support this cancellation----but Liberal Andy Marlette does far worse and gets a pass?   Is this moral and ethical?  Or is this where liberals get conservative and say  "Yeah, but it IS LEGAL!"

And then there's this:  PNJ and their editors love President Joe Biden, even as his mental decline is accelerating while being actively hidden by the left leaning media.  Under Biden's disastrous leadership at the Texas Border--we now see a spectacle unlike anything I have ever seen in my entire lifetime.  I literally saw Biden's Border police, on horseback, whipping unarmed, helpless black people in a river, beating them back away from the border with what looked like whips (they were leather horse reins, apparently).  These desperate migrants were just trying to cross a river to get to America--and they get treated like this?  Now, all the black migrants are being shipped back to their home countries on planes while the other migrants, the caucasian ones, pour over the border and get asylum in America.  And Biden and the liberals fall over themselves to say this is LEGAL.  And compliant press fellow-travelers like Lisa Savage and Andy Marlette don't question this.  They say "It's legal!!"   (But hey, is it moral and ethical, PNJ?)  Imagine if president Trump had done this--would PNJ totally ignore this?  answer, NO.  But they love Biden, so he gets a pass on this reprehensible spectacle...

Hypocrites and frauds.  Ladies and Gentlemen ---I give you the two-person PNJ Editorial Squad and their patron along with the parent company Gannett!

Radio Soft-Toss With Andrew McKay and Doug Underhill.......

The portion of the interview I heard early this morning on AM 1620 between Andrew McKay and Doug Underhill was more like soft-toss practice than anything substantive....

Early this morning I had the misfortune of flipping channels in time to catch a part of an interview on the radio with Commissioner Doug Underhill.

It was on AM1620 with Andrew McKay.

Every time I have had the occasion to be invited on Andrew's show--which is infrequnetly---he never has an issue with asking direct, pressing questions of me--which I appreciate.  I'm sure the listeners do as well.  And I answer them all--and it typically takes up the entirety of the interview....

But this morning's interview was a straight-up joke.  A radio version of softball soft toss practice....two minutes of the 11:00+ minute interview with two softball questions on the ethics probe--thrown out  as if it is "nothing to see here..."  No pressing follow ups.  No questions about the meat of the complaints.  Nope.

I'm not sure if it was recorded and re-played--or if it was actually live.  I'm not sure if I missed the cogent, timely questions on the front end of the interview--but I doubt I missed anything but fluff.    But if it was, in fact, a live and non-recorded interview--where were the rest of the  pressing questions beyond the two softballs up front that took less than two minutes of the 11 minute interview??

Like, how about these? (the questions the host should have asked but didn't...)

    1.  Doug, as of late last week the ethics commission has found probable cause on multiple counts that you misused your position and violated state ethics law(s)--who are these three individuals and why do you think they put these complaints in against you?

    2.  Doug, your Federal Lawsuit for violation of civil rights--what is the status of that?

    3.  Doug--on citizens' watch chat site, you insinuate a local pastor was unethical by requesting funds

Update on Beach Access #4: Notice to Proceed Issued, Construction to Begin Imminently

Previously--Nearby Condo Owners were the only ones who could access the County's 300' of Gulf Frontage on Perdido Key.  Heck, they even advertised it.  And they have banded together to fight against opening the beach--because they enjoyed keeping the rest of us out.  They lost, YOU the taxpayer won, and the beach access is being constructed over the next 4 months  :)

The Saga to #OpenOurBeach at Perdido Key is finally, at long last, entering it's last stanza.

Most that follow county issues locally know the agonizing, frustrating story well. (For those that don't-- here is some background on the issue)

I had the opportunity to speak with Natural Resources Director Tim Day early last week, and he reported to me the good news that the contractor building this access site and that has been awarded the contract to do so, Chaver's Construction, has now been issued the coveted Notice to Proceed to begin the final phases of the construction of the west side's most long awaited, largest free public beach access site.  It will accomodate nearly 40 cars, including handicapped drivers, it will have mobi-mats allowing for access to the beach by those persons who are mobility-challenged, and together with the adjoining 200 feet of Gulf of Mexico frontage owned by the Crab Trap restaurant (management of which has stated publicly that once the site is constructed, the public will be able to use their 200 feet in addition to the county's 300 feet) will create nearly DOUBLE the ammount of free public beach access on Perdido Key than what currently exists.

According to Tim Day--it will be about 120 construction days--so hopefully this access will be open in time for Spring Break 2022.  I can't wait to celebrate with a HUGE party on the site the day it opens!!

Because, while it is better late than never----we waited much too long to #OpenOurBeach!!

Two Press Releases in One Day: One a Feeble attempt at Humor. One Deadly Serious.

Two "releases" were emailed to Escambia Commissioners today--purportedly newsworthy.

One was a ridiculous piece of garbage, more suited to a publication like "The Onion" or the "Babylon Bee" than anything newsworthy. It was authored by Commissioner Doug Underhill and sent out as a press release "From the Desk of Doug Underhill" (as if that carries any weight or means anything...)

  Essentially, it was a rant about how "mean" Commissioner Bergosh was at the previous day's meeting.   Boo hoo.  

The fact of the matter is Commissioner Underhill knows not what he's talking about, and his ideal redistricting process and vision would pull a sitting elected official out of her district against her wishes, and would also pull 3 schools out of School Board District 1 to the chagrin of the current School Board Member for D1, Kevin Adams, who does not want that.  In short, Doug's blabbering about mice in his pocket and his ill-informed, ignorant, and disjointed vision of what he hopes his district will look like post redistricting was embarrassing. It was ill-advised, uninformed and out of the gate will be a non-starter.  I totally debunked his idea this morning in a blog post that's getting crushed with hits and also on Rick Outzen's podcast.   Here's the way this works:  Doug's ideas about what he wants carry no weight whatsoever with the three elected representatives from District 1.  And after his stinging, public rebuke via censure by his peers a few weeks back, Doug looks to be just about fresh out of friends on the board of county commissioners as well.  So there was his release.  Anyone who got it, after they were done with a good belly laugh if they actually read it, were probably a.) tripping over themselves to slam dunk it into the nearest trash can they could find as quickly as they could or b.) dislocating their index finger by too-quickly hitting the "delete" button on their computer to "86" this written heap of rancid, gibberish-laden, opinionated nothingness.

The second release, however, was no laughing matter.  Nope, for Doug Underhill, this second release signals big problems ahead--as it is/was a legitimate, bonafide press release from the Florida Commission on Ethics--and it's newsworthy because it points to some alleged conduct by Underhill for which the ethics commission  has now made findings of probable cause.  In fact, it is so significant--it has already been covered by multiple Pensacola news outlets already --- here and here.  No doubt it will probably be on the 6:00 news tonight as well.  Your can read this actual news release here.  Unlike Doug's feeble, failed attempt at creating a "press release" about me----this real press release about him was cutting.  And Legitimate.   And Serious.  From the release:

"The Commission considered a complaint filed against Escambia County

Commissioner DOUGLAS UNDERHILL. The Commission found probable cause to

believe that Mr. Underhill misused his position by publicly sharing or publishing

confidential transcripts, including minutes from Escambia County Commission

meetings. Probable cause also was found to believe the information he disclosed was

only available to him as a public officer and gained by reason of his official position.

Probable cause was found on three allegations that related to Mr. Underhill soliciting donations through a GoFundMe page including soliciting donations from a vendor,

lobbyist or principal of a lobbyist of the County, accepting prohibited donations to his

personal legal defense fund from a vendor, lobbyist or the principal lobbyist of the

County, and failing to disclose reportable gifts in excess of $100 on a From 9, Quarterly

Gift Disclosure. Regarding two additional allegations relating to the reporting of gifts,

probable cause was found to believe Mr. Underhill failed to report on a Form 9,

Quarterly Gift Disclosure, free personal legal services, provided by a law firm, as well as

travel and shipping expenses provided to him by a non-profit organization."

Budget Discussions at the COW....

The Chappie James Monument will receive some County funding, apparently, AFTER private monies are raised of an equivalent ammount....

Yesterday the BCC had a budget discussion workshop.  We heard from a lot of outside entities that have sought funding.

Most are going to get some funding--but the board was fairly uniform in NOT giving more than was requested and approved last year and NOT funding any new requests.

Of course this was simply a workshop.  

We will see what actually happens next Tuesday evening when we vote on the budget officially.

Several entities that sought funding will not get funding.  

Some because they are new requests, others because they applied after the deadline for submissions, which was last March.  

What I said at the meeting, and what I meant, was that to allow folks to come in with applications for funding in August was unfair to those that actually did the work necessary and met the actual  March deadline for funding.  It would be tantamount to "cutting in line."  Before the end of the meeting, three of us, via a straw vote, signalled to staff that late applications should not even be agendaed.  That will be the standing practice going forward.

So a couple of presenters that brought large asks of the board will not be funded--because they missed the deadline.

The Chappie James monument representatives requested $100K from TDT revenues to build a statue and static jet display.  Apparently, unbeknownst to me before yesterday, the TDC approved this expenditure.  Doug Underhill stated he would not support public money being expended on this project.  The rest of the board appeared open-minded.

I asked the lead representative of the Chappie James Monument group,  Cris Dosev, a couple of different times and a couple of different ways "How much private money have you raised for the monument?"  He didn't answer directly, even when I pressed.  Apparently some in-kind donations (engineering services) have been made.  But even that information as presented was opaque.  Did FDOT accept the plans?  What are the actual cost estimates?  Can it be completed in one year?  Who knows.....

At the end of that discussion--the decision was made to dedicate the funding, but to withhold it until that entity (Chappie James Monument group)  raised the private funds from private donors to substantially complete the "hard" scape of the project--with county money coming in at the end and only AFTER the private money and city money is expended.  This seemed like a reasonable accomodation.

The final budget hearing will be next Tuesday evening.

Redistricting Discussions Begin

 And they began with a bang at yesterday's COW.

And I'll preface this post by reiterating what I've already said publicly:  1.)  I'm the only elected representative on the BCC Dais that has gone through redistricting--I was a part of the 2010 redistricting 2.) We should not rush this and try to complete it in three months when it takes 6-7 months to do it properly  3.)  I'll work in whatever timeline the majority of the board wish to proceed in--but statutorily we are not mandated to complete it this year;  the requirement we have is that we can only complete the process in an odd numbered year.

Prior to yesterday--here is what had happened with respect to D1:  I had spoken to each of my D1 counterparts (School Board Member Kevin Adams and ECUA member Vicki Campbell) on the topic of redistricting specifically--and we had general consensus on how we would like to proceed.  D1 is geographically long,  and the sitting, elected members of D1 offices reside in the extreme north (Kevin Adams, Jeff Bergosh ---Beulah)  and the extreme south (Vicki Campbell, Perdido Bay)  so our general boundaries will stay relatively static--in order not to disenfranchise and unseat existing incumbents.  

While recognizing we have to "give" numbers of voters (translating to portions of precincts or possibly entire precincts) to D2 and D3 which both lost population--what we do not have to do and what I won't agree to do is allow D2 Commissioner Underhill to unilaterally cherrypick which areas of D1 he "wants."  He spoke a lot yesterday and didn't say much, a bunch of meaningless gobldygook about who he thinks wants to be in his district and "equities" among other mumbo-jumbo that was unimportant.   And he obviously hasn't done his research on the southern portion of D1 if he so cavilerly was going to knock an ECUA incumbent out of D1 and take 3 schools out of the boundaries of the D1 school board member----massively imbalancing that board and leaving D1 with 7 schools and D2 with 13 schools.

He was unprepared, and in reality his contribution to the process is not really significant---as he has publicly announced multiple times he is not running again for office.  He's a lame duck.   His wife has even stated this as well on public facebook chat sites, multiple times, saying they have a "countdown" going as to when he leaves office.  (What she probably doesn't realize is a lot of us are doing that same countdown too 😛 )

So these, and many others really,  are just the very topical, initial reasons why what D2 proposed yesterday goes right into the garbage heap, it's a non-starter.

While it appears that D5 and D4's minor adjustments may be easy and non-complex---D1, D2, and D3 will not be.  If we're going to attempt to "rush" the process (which I do not support) then an approach which makes sense is to start out with a map that makes sense--the 2000 map--and add/subtract as appropriate and necessary from there.  That's what we'll be doing going forward.  And along the way we will invariably have to compromise on some aspects.  But if we are going to rush it--this is where we will start from the perspective of the 3 elected D1 officeholders.  Otherwise, I'd just as soon do it the right way, with adequate time and attention to detail, in 2023 (As I have stated multiple times now).

I'll be discussing this issue with Rick Outzen later this morning on Real News with Rick Outzen on WCOA at 8:15.  

When I get the podcast back, I'll post it here.

Public Defender is Unhappy over Access Issues

Meanwhile in a recent situation at another Florida facility--a Public Defender was punched in the face by her client.....

There has been a running issue at our new jail, highlighted by attorney Gene Mitchell's complaints about access to clients at the jail.

My understanding is/was we were going to address this utilizing technology, where feasible, to accomplish visitations in an attempt to thwart the potential threat of COVID-19 transmission into and out of our jail.  We are still in a Pandemic--and this means business as usual is not going to happen.  But I thought we were making the appropriate accomodations.

Apparently, the Public Defender is unhappy.

Last night we were all copied in an email from 1st Judicial Circuit Public Defender Bruce Miller in his answer to this email blast attorney Gene Mitchell had sent out:

From Gene Mitchell  "Today, a little after 5pm, I went to the Escambia County Jail to see XXXXXXXXXXXXX. Mr XXXXXXXXXXX is the inmate that Dr XXXXXXXXX wrote about in her recent letter. I was walked to XXXXXXXXXX, where Mr XXXXXXXXXX is located, then told that I cannot see him until well after 7pm because I’ve come during “head count” or “shift change” or some other phrase."

To which Bruce Miller responded:  

"Gene,

Thank you for the update.   Our Office encounters multiple issues daily with both the jail and GTL.   Several days back a PD attorney was toldat jail that his client was in quarantine and could not be seen in person.    The attorney reluctantly used the video room at jail to meet with his client (who advised he was not in quarantine).    This meeting was recorded.   There is NO explanation or excuse that could justify or explain this happening.   No one at the jail or GTL should have the means to record an attorney meeting with his client in a room specifically provided for attorney meetings.  This comes on the heels of our meeting with jail administration and being advised this could not be done. We have been told we can not close the doors in meeting rooms at the jail so that we may have a confidential meeting.   In short, this situation can not continue. I have met with Court Administration to express my concerns and failing faith that anything will be done to correct the issues."

Apparently, the Public Defender is unhappy........

On FM 92.3 AM 1620 Later This Morning Discussing A 4-Part Strategy on Fire Funding/Budgeting

I'll be on the radio later this morning discussing public safety.  Last week, I had a coffee with the commissioner event that featured all the players in public safety---EMS chief, Fire Chief, Administrator, and Director of Public Safety.

We covered a lot of ground, and on that podcast I discussed my four part strategy for right-sizing the budgets of EMS, Fire, and Public Safety WITHOUT raising the millage rate.

Andrew McKay asked me to join him later this morning to discuss this four part initiative.

I look forward to doing so at 8:05 this morning.

If I am provided a recording of the interview--I'll post it here.

The Deposition (s) of Ed Spainhower

These two redacted depositions, attached to this post, are a must read for anyone who truly wants to know how badly the county, under inept and indecisive leadership at the time, failed miserably to provide due process to paramedic and former Escambia EMS employee Matt Selover.

This one deposition (in two volumes), probably moreso than any other one I have read related to this case (and I have now read each of them) illustrates the reason the county eventually was forced to settle.  The county HR department totally botched the investigation, tried to do a 180 reversal of the investigative  findings after holding the report open for 7 months, and allowed for materials to be included in a "final" that were biased, suspect, and unreliable---- requested by one party to the complaint-- and written a full 7 months after the conduct at issue happened.  Unpersuasive--this would have never stood up to a trial.  It looks exactly like what I thought it was all along:  A conspiracy, and an "after the fact" attempt to arrange facts for certain employees to escape any ramifications for actions outside their scope--while totally reversing what was presented as the "final" investigatory findings to fit a politically motivated outcome.

And of course once the 100% contradictory report was presented to Selover 7 months after the first one was in the can--he was told he did not have any appeal mechanism.  It was wrong.  It would have been a disastrous loser in court.

These two volumes here and  here  are the deposition of County HR Investigator Ed Sapainhower, who was questioned by J.J. Talbott in regards to his handling of the harrassment complaint that Matt Selover filed against medical director Rayme Edler.  It is devastating, the degree to which the county's own policies on timelines for completing an investigation were totally abandoned.

Yes, by July 1st of 2019---Spainhower had completed his preliminary report.  But 7 months later--the findings were "updated" and completely reversed--once new staff and a new administrator and her mentor took over the process and apparently wanted a different outcome.

The last 30 pages of volume I of the deposition chronicle, in agonizing detail, what happened and why Selover was not provided this report for months, and months, and months.  It's actually quite infuriating.

Distrubingly--this transcript and the questions and answers it brings forward, show that a rushed one-day "finalization" of the report (where the conclusions were totally reversed) happened once a new HR director was brought in to "clean up the mess."

No wonder the lawyers for the insurance company were so desperate to have the county settle this suit.  

Of course it is/was convenient for folks that handled this turkey to start blaming those of us who were asking questions, demanding answers, speaking out and inquiring as to why policy was not being followed.

The disgusting attempts at blame shifting by the insurance company lawyers and their ally the bean-counting "adjuster" (who was totally simpatico with the former HR director) are feckless--they knew I would never be called to testify in any trial that might have happened--as I was not an expert witness, nor was I a fact witness.  My knowledge of the issues of the case were all second-hand, hearsay; Yet these insurance folks and the press sure were quick to try to foist blame on me...Their accusations ring hollow and are as flat as a belly flop from the high dive. 

For those of us who have actually  followed this debacle all the way through---these two volumes (Particularly Volume 1 pages 86-141) detail the precise reasons this case had to be settled. 

Sloppy, botched work by former county leadership  and an egregious failure by HR and the administrator's office in following board policy.  That's what caused this.  And NOTHING else.

Sadly--it didn't have to happen. 

Thankfully--most that were involved in this debacle are no longer in positions of leadership anywhere in this county.

Replay--65th Coffee with the Commissioner Public Safety Roundtable Discussion

We had our 65th Coffee with the Commissioner yesterday--and it was a very interesting discussion about the County's Public Safety Division.

Lots of positive changes coming, lots to be optimistic about!

You can watch the roundtable discussion by clicking the video linked above.

How Many Citizens in Escambia County are Dying and Have Died from COVID-19?

Last May, the State of Florida has stopped sending out detailed statistics on deaths from COVID-19 at the County level.  In May and into June--it appeared that the Pandemic was waning, folks were being vaccinated, and things were looking up.

Then starting in early July--the Delta variant ravaged the state and Escambia County.

Our hospitalizations locally from COVID-19 surged to a high of nearly 400 patients. (100 more than the previous surge a year prior)

And folks we know have died and continue to die.  More this past week.  We've lost 4 county Staff members to COVID.

Yet, the state did not resume reporting the deaths by county as the Delta surge took hold.  

So I started asking for the number.  

I asked at least three times at public meetings over a period of 6 weeks.  I asked staff to work with hospitals to get the number--if the state kept stonewalling.  Lots of red tape, lots of explanations about why it couldn't be done.  

But I kept asking.

Yesterday-- late in the afternoon--- Marie Mott from the Dept. of Health in Escambia County sent commissioners some information on the cumulative deaths in Escambia County from COVID-19, along with the following message:

"Attached is a screenshot of the CDC Covid-19 death counts for Escambia County. This number appears to be cumulative, and I have been unsuccessful at using this database tools to filter for specific time periods. It is important to note that these data are displayed by location of death, not residence. Since our local hospitals provide care for residents of several surrounding counties, I suspect that the number shown for Escambia County is inaccurately high. In my effort to investigate this suspicion, I have learned that the Department of Health is working with the CDC to correct this matter. I will continue to update you as I learn more.   Deaths from all causes: 9,266.  Deaths involving COVID-19: 1,079."

This is a start, and I thanked Marie personally for sending the information.

But we really need to see this count, daily, chronologically, over time horizontally,  so we can put this current surge into context which will assist us in perhaps getting more citizens vaccinated locally--or to at least understand the gravity and seriousness of this situation.  I'm staying on it because we deserve this data and the citizens want it.

Nope, the PNJ Will Never See Leadership That's All Around Them In Escambia County.....

Rick Outzen's Monday morning podcast on leadership is a great listen.

He really thoughtfully articulates what a lot of us understand already.

Pensacola is full of leaders---not just in government but in the private sector as well.  Lots of leaders doing great things for the benefit of the community.

But Gannett's strategy appears to be to always find the negative--particulary among elected local officials.  Find the scandal, find the dirty laundry, find something unflattering.  Report on it, and monetize THAT.

Dirt sells.  Can't find any--just make it up then.  Add in cartoons, unflattering editorials, and stories that are biased.

Welcome to the PNJ!

Rick details the sheer number of negative versus positive editorials from the PNJ over the last month.  It is really eye-opening.

Check it out, give it a listen here.  

Clerk's Attorney Provides Memo and Opinion about County's 401(a) Plan

The Escambia County Clerk of the Court Pam Childers sent BCC Chairman the below letter and memo from her attorney Cody Leigh--detailing thier continuing position that the county's 401(a) plan is illegal.  Although they don't say it is illegal in the memos--instead there is the new code word "propriety" thrown into the mix. But they both said it was "illegal" in a recent BCC meeting, but not in these memos..... Look--it's either legal or it isn't.  Why mince words?  Why split hairs to create expensive haircuts?  Why the intentional muddying of the descriptive language they use?   

JUST CALL IT ILLEGAL IF YOU REALLY BELIEVE IT TO BE!  

Gamesmanship not necessary.

Interestingly, the letter and memo appear to be some sort of an ultimatum--as an immediate response to his memo is being requested--with a 30 day deadline at which point it appears the clerk's office will withhold all payments under this contract.  That's the way I read it.  It's somewhat threatening.  It's unnecessary.

I don't take this plan, but I have been outspoken about the way our contract with ICMA is being constructively terminated by the Clerk.  I believe it is an improper and inappropriate usurping of issues under the BCC's purview and area of responsibility.  There is and was a much cleaner, less-aggressive way to address this issue.  Heck, I've even publicly stated and agreed that the rate of return appears excessive.  But why battle us?  The public spectacle of unilaterally dictating that this plan could not continue was uncalled for, is/was inappropriate, and appears to be one constitutional officer meddling in the affairs of another--inappropriately.  It also appears to me to be a feckless attempt at pandering to the local daily print press--- who already display an extreme dislike for most if not all duly elected county commissioners--- and who also harbor complete, utter disdain and disapproval for ANY retirment plan and or monetary compensation for such elected officials...  So why throw them red meat if the question at issue is not settled?  It is puzzling, this conflict which erupted out of nowhere.

Some questions for Cody and the Clerk:

1.) If the hang up is about the rate of return the county's 401(a) provides to commissioners who take this plan--then what rate of return is acceptable to you?  (The overall cost to the taxpayer is the same with ICMA or with the FRS investment or pension plan---it is just that the overhead from FRS eats up the balance of the county's contribution if these commissioners had chosen one of the FRS offerings and not the 401(a).)

2.)  Why, suddenly, did this 401(a)--which your office had been paying commissioner Bender on for three years--become such a source of consternation to you and your office?  If you were paying on it and the returns were greater than the FRS returns in 2018, 2019, and 2020---what happened in 2021 to lead you to exclaim at our meeting that this was "Illegal!"  (If it is illegal now returning 51%--wasn't it also illegal in 2019 paying 44%?)  If the answer, in your opinion, is "Yes"--then why did you and the clerk approve these expenditures before, in 2018, 2019, and 2020--- and why did your office tell Com. Bender this was perfectly fine when he called you all about the high rate of return over a year ago?  i.e.  how can it be legal then, in your opinion, but suddenly illegal now?)

3.)  If the full board of county commissioners determine that setting a similar rate of return for commissioners as what is being given to senior level commission staffers is appropriate (which would be far less than the current rate of return for commissioners is and that would result in a savings to taxpayers compared to what county contributions toward either the FRS pesnion or investment plan would cost)--would your opinion change?

4.)  If the County's attorneys are right and this program is legal--then is/was the act of unilaterally ceasing payments on this contract by the clerk an act that was ultra vires? Inappropriate?

5.) If a judge rules the plan is legal--will you make a public apology to the board upon your office's return of the monies withheld inappropriately from three commissioners?

6.) Why exclaim it is illegal, then walk that back?

7.)  Why the stubborn resistance to Alison (and my) offer to work together to seek, jointly, an opinion from the Attorney General of Florida about the legality of this plan?

See the memos, below:

On WCOA This Morning at 7:15 To Discuss the Censure of Doug Underhill

 Last night the Board of County Commissioners voted 4-1 to publicly censure Commissioner Doug Underhill.  It happened at the end of the meeting, after the revelation by the attorney that Doug had threatened her.  Another high-ranking employee corroborated this story, telling me "He told me the same thing, that he was going to continue to attack her reputation until she resigns"

So after the written account of this behavior was circulated by the attorney, I made the motion to censure Doug.  I do not take this action lightly, and this sort of a vote does not occur frequently.

In fact, I cannot recall locally the last time in the past decade any elected official has been censured locally.

13 years ago, when I was on the School Board, we publicly censured Superintendent of Schools Jim Paul for his DUI arrest that was a disruption within the school district.

That might have been the last time a censure of a locally elected official occurred.

So while it is largely ceremonial with no real ramifications--It's not something that happens every day.

But it is a stinging, public rebuke that draws immediate press coverage.

PNJ has already covered it, and it led the 10:00 news on WEAR last night.

Some of the conduct coming out of the D2 office is nothing sort of reprehensible and unacceptable, this censure was a long time coming.  Although Underhill, his secretary John Owens, and office intern Conor Mann can run us down online--nobody cares and even fewer pay any attention, outside of about a dozen or so keyboard warriors on a facebook chat site.

So Underhill and his aide John Owens can meet up with cartoonist Andy Marlette over Schlitz Beers and Crackaroni and Cheese at the Elbow room to conspire to do cartoons and unflattering PNJ editorials on members of the board and the county attorney---none of that will be remembered in the long run.  Dumb cartoons that nobody cares about will fade away into the noise of the internet...

What will be remembered, what will always show up top of the page on Google, is a stinging, public rebuke like the censure we issued last night to Underhill,  dutifully covered by the very press Underhill had previously, apparently, been protected from.

We will discuss this and more later this morning on Rick's show at 7:15