On October 6th of 2022---more than three months ago---the Escambia Board of County Commissioners voted-by a 3-1 margin-to pay admisistrative costs and fees resulting from the former Escambia County Medical Director's witch hunt directed toward one former employee. This wronged former employee was forced out of county employment and his reputation was maligned by multiple staff members-- including the former medical director-- and he was left with very few options. So in order to continue his career and maintain his paramedic's license (and to save what could have been years and hundreds of thousands of dollars in legal fees that the county would have had to pay on his behalf) he took a settlemet deal with the state.
We (BCC) previously had to pay this same wronged former employee, Matt Selover, a six-figure settlement due to the deplorable way he was treated by his supervisor at that time, the now former medical director. And the mistreatment of this former employee was not just at the hands of the former medical director; all levels of admin from HR all the way up to former Administrator Janice Gilley left Matt Selover hanging out to dry and sold him down the river like yesterday's garbage. And his 13 year career was ruined.
It was the metaphorical equivalent of a ship's crew celebrating on the deck of the ship, sipping champagne, while a deck-hand crew member was drowning just off the ship. And instead of throwing their shipmate a life vest---this crew threw him an Anvil. That's how Matt (and several other former EMS employees, I might add) were treated.
And the taxpayers paid the price and the BCC picked up the pieces and a huge settlement was paid.
So putting a button on it--I brought forward the agenda item on October 6th to pay the final penalties levied against former employee Selover---to completely make him "whole" and cover the remaining associated fees and costs to the state ------considering the deplorable way he was treated by the former medical director, the former county administrator, the former HR director, and numerous others. This payment would allow him to continue on with his career elsewhere----which thankfully he has now been able to do.
The item passed the board 3-1. (See the discussion and vote beginning at 3:17:41 of this video)
Moreover, the board also ---at the same meeting ---affirmatively voted that along with funding the payment--- we were also making a legislative finding that the payment served a legitimate public purpose.
So, I thought that chapter was finally behind us. Everyone else did as well. It should have been. Case closed.
Or so I thought.
Late last week, however, I was told that even though the board voted to pay the $6960.02 in state fees more than three months ago-----the clerk of the court, Pam Childers, had not yet made payment. Worse yet, I received word on Saturday that the clerk's lawyer, Cody Leigh (who was actually at the meeting on 10-6-22 when the vote was made to make this payment and who said nothing that night or in the weeks and months following the vote) has now stated he feels the payment is "not authorized."
From clerk lawyer Cody Leigh's email on 1-6-2023.....
"Upon review, I am unable to find any authority supporting
payment of county funds to satisfy fines and costs (i.e. costs for prosecution
and investigation) arising from an administrative enforcement case. By
extension, the fees in pursuit thereof would similarly be unauthorized. I
am aware of provisions in chapter 111 authorizing expenditure of funds in
certain actions: § 111.07, Fla. Stat. (2022) (county authorized to provide an
attorney to defend any civil action); § 111.071, Fla. Stat. (2022) (county
authorized to pay final judgment, compromise, or settlement arising from
complaint for damages or injury); § 111.072, Fla. Stat. (2022) (county
authorized to self-insure or expend for liability insurance in order to pay
expenses pursuant to § 111.07). Similarly, I see there is a common law
right to representation for public officials in defense of
litigation arising from the performance of official duties."
What?!?
It is completely appropriate---- and authorized under law---particularly after the vote that the BCC made.
But if he had issues with it--why did Leigh wait three months and sit on the payment? Why did he not say one word at the meeting as the board pondered and thoughtfully considered this issue for several minutes prior to voting on it? Why did he sit there like a wax statue? Why didn't he and his boss Pam Childers not say right away that they wouldn't make the payment? Why did they throw this on the back burner and not tell us? Why wait until folks start asking "where is the check" to say they feel it is "not authorized?"
Why the gamesmanship?
Why hold out--this is now going on four months unpaid? Why withhold payment--unless the object is to inflict more pain and agony on the former employee now vindicated of all the garbage accusations made against him---just wanting to move forward with his life?
I'm not happy about this turn of events. And that is the polite way I'll put that.
Our attorney believes the payment is appropriate. She signed the voucher, above. The BCC voted to make the payment. There is NO reason this payment should not have happened in October or November------months ago.
I certainly hope this is not some weird spillover from the current litigation between the BCC and the clerk over retirment plan contributions. I hope one thing isn't related to another. Is this related to the hearsay that someone called her the B-word? What, are we back in Middle School?!? I hope not, and I certainly don't want to do business this way. We approve the payments, she is supposed to pay the check, period.
Do a job.
Now, apparently, we are in some weird twilight zone where some things we vote to approve are going to have to go through some ridiculous, unnecessary, additional layer of scrutiny in order to be paid in timely fashion--if at all. And if there is a perceived "problem" with the payment--we aren't going to be told either--it will simply twist in the wind and we'll be blissfully unaware.......
Immature, ridiculous, unnecessary, and uncalled for.
I'll post our attorney's response to this ridiculous hold up, here, once I receive it. If this payment is not made in timely fashion, I will bring an item to our next meeting to discuss this and every option we have at our disposal (including and not limited to another mandamus filing in the circuit court) to compel the clerk to set aside her hard feelings and do her job and make this payment.
We approve the payments, she writes the check and pays. It's very basic.
Much more to come on this.
21 comments:
She really is having herself a field day, isn't she? I'll bet she hasn't had this much fun since she was wasting taxpayer dollars by the hundreds of thousands over at the City with her asinine idea of suing over the Fish House lease.
Cannot WAIT to address this in public forum at the special meeting this week. Maybe it's time to seriously consider having her investigated on her failure to properly capture and audit the paperwork on the LET funds all those years, as well--unless people really believe that a constitutional officer can get a hall pass from the State's Attorney on doing her job. (As she is so fond of reminding everyone, she answers only to the governor. Oh, and the Ethics Committee, and the AG's office...)
She's gone low before, but this one really takes the cake. Apparently there is no depth she won't go to in her political retribution for her own stupid mistake of aligning herself with Gilley's efforts to undermine the Board. Most sensible people would look at the place they were left in with that and think, "Oh crap, that wasn't a great move on my part. Better correct." Not our Pam, the Patron Saint of the Taxpayer Checkbook.
So there's her m.o. for the new year, apparently. She's going to pick line items that have been made media fodder by her fellow disinformation scam artists, and simply refuse to pay them, in an overt attempt to garner more (befuddled) public sympathy and acclaim. Welcome to the post-rule of law US.
PEASE tell me that somebody competent and ethical is getting ready to file against her. Because if not, this is going to be a looooong couple of years.
Maybe she actually didn't have enough signatures on her petition. Investigate.
10:00--You can investigate that, you and Chase Andie Romano. We're looking at serious issues here.
If anyone was to read all those transcripts you've posted or searched for a video on YouTube of PPD traffic stop they would see which commissioner has a temper and called Childers a b!@#$%.
7:31 That is garbage hearsay and nothing more. More importantly, it has nothing to do with the topic of the Clerk's office's FAILURE to make a timely payment that the board authorized and approved going on four months ago. One has nothing to do with the other. Bottom line: We authorize the expenditure, her office pays. Period. Unless it is an illegal payment WHICH THIS ISN'T.
"Is this related to the hearsay that someone called her the B-word?" Your words, not mine. Four board members quickly dismissed those allegations yet went after Underhill after the county attorney made unfounded allegations. I choose to believe it was said and you and your partners covered it up. That's not a reason for her to not pay but you made it part of the conversation.
“What, are we back in Middle School?!? I hope not, and I certainly don't want to do business this way.”
Ironic that you use this phrase as that is exactly how you “represent” the office, citizens, and taxpayers, like a middle school bully. This blog is an example of your childish prophecy - feeds your ego to attack others. Good thing your not in middle school bullying the kids that are there to learn. Sort of like how we citizens feel - weren’t you elected to lead? Be a professional and lead!
8:08-It is not bullying anyone to ask why a legitimate payment has not been made by the clerk for an item the board approved and voted upon going-on four months ago--a routine payment that the county's attorney blessed and specifically said was "legal." Passive aggressive "bullying" (your word) is when someone who is statutorily obligated to make payment on behalf of the board unnecessarily withholds payment for reasons that are not related, specifically, to the legality of the item--instead alluding to some "perception" that she feels the payment is not fair because in her opinion a former commissioner hasn't been paid. The two issues are separate and distinct. The board specifically did NOT authorize payment for the former commissioner because we voted not to--which is under our purview to do. We voted TO make payment for the Selover case because the legislative finding of bonafide public purpose was made by the board and voted upon, as well as the payment, going on four months ago. Personality-driven, vindictive withholding of the payment is simply adding more injury to the former employee who was wronged in so many ways by a cabal of FORMER employees, the former administrator, former HR Director, and Former Investigator. They wronged this employee, cost him his 13-year career and a tremendous financial loss that could have cost county taxpayers as much as $800K had we not wisely settled. So make sure you have your facts together before you throw out a term here, bullying, that is inapplicable to the BCC in this matter, and more apropos for your hero, the clerk. Facts are facts, your opinion, by contrast, is your opinion. You happen to be wrong.
Let's be honest. Nobody's 13-year career was destroyed. He went on to work for our neighbors to the east and at one time tried to steal EMS staff and trainees to come work for his employer. After everything you did for him he tried to screw you. I think you wrote about that.
Inviting someone to apply for a job elsewhere is not what you think it is. I had no ability to offer any one a job at any point. Get your facts straight.
I’ll take you up on your “bullying” challenge, commissioner.
I pay FULL taxes, but you, May, and Barry believe that the great Pensacola Beach leaseholders should not be entitled to county services.
You three believe that lease fees should be increased. Unlike you, I already pay FULL taxes. You don’t pay taxes on the priceless land underneath your lavish Pensacola Beach condominium.
The great leaseholders are currently paying $800,000 for public bathrooms. We are paying $550,000 each year to fund the “free” trolleys - $300,000 each year to replace the trolleys and $250,000 each year to operate the trolleys. We used Portofino lease fees to purchase the current trolleys.
The great leaseholders pay $1 million each year to replenish the public beaches. We pay for the Blue Angel airshows. We pay for Bands on the Beach. We recently spent $80,000 on public crosswalks. We recently paid $1.1 million dollars for 11 public dune crossovers. Etc., etc..
You three regularly insult the great Pensacola Beach leaseholders at public meetings.
You recently accused the great Pensacola Beach leaseholders of “HUBRIS”. That sounds like a good description of your own unprofessional behavior.
Lumon May has repeatedly declared that “God told us not to build on a barrier island”. Absolutely ignorant. May is happy to grab the revenues generated on Pensacola Beach.
May claims that his Bible states that we should not build on Pensacola Beach, but you, May, and Barry recently sold Innisfree a previously unleased 2,755 square foot Casino Beach property for $3 per square foot, then rezoned it to allow Innisfree to build a 12 story private tower. You approved Innisfree to build three new enormous private towers and approved Portofino to build two more.
You and Steven Barry recently accurately asserted that you CONTROL Pensacola Beach. You and Barry accurately asserted that the Island Authority is your “subservient” organization. You claimed that Island Authority Board members are your property managers and that they should be fired.
On 25 March 2021, the three of you misappropriated a $3,355,209 FEMA grant that had been applied for and awarded for sand replenishment on our public beach. Mr. Barry bellowed that “We ARE Pensacola Beach “.
You approved of Barry and May’s recent attempt to retroactively clawback $246,700 each from the great citizens of Escambia County.
The three of you have formed a voting block which you use to bully Escambia County.
Will you have the integrity to post my comment or will you AGAIN block my comments like a bully?
Tom--I feel like you're obsessed. You put out your opinions as facts, you denigrate the work of the board and engage in ad-hominem character assassination of locally elected officials because you don't like some decisions the SRIA has made. We won't agree, but why do you feel it necessary to attack us with hearsay, inaccurate assertions, and straight up lies? That sounds like the real bullying. Try to have a nice weekend, and remember one thing: The county commissioners are not responsible for everything that has gone wrong in your life and every perceived "bad decsion" the SRIA has made. We are also not responsible for what ECUA does. As I have told you a number of times: If you are really the all knowing oracle of what decisions should be made--why have you NEVER stepped up to run for the BCC or the SRIA? I know, I know, it is difficult to run for office and it requires time, energy and commitment. Then, once elected, you get to make difficult, unpopular decisions that get second-guessed ad nauseum by the press and online trolls who are oftentimes glib. If you are really lucky, you are attacked personally by dishonest, racist cartoonists who do dozens of attack cartoons on you. I LOVE my job and I'm honored to have been elected and re-elected over and over by my constituents. I don't think you could handle the responsibility and the stress, so someone like you is probably simply better suited to staying on the bench and hurling accusations from the computer keyboard. But if you're dishonest in your critique and unwilling to get in the game you will never be taken seriously. Have a great weekend, Tom! :)
Jeff,
If you can ever identify even one fact that I provide as incorrect; please challenge me immediately. I’ll be more than happy to provide overwhelming evidence in support of my factual statements.
The fact is that you have allied yourself with Barry and May to form a cabal. You frequently make poor policy decisions and engage in childish, vindictive behavior.
When was the last time that you voted against any of the many unethical hair-brain ideas proposed by May and/or Barry?
When was the last time you rebuked either May or Barry for any of their many absurd statements or actions?
What is your position on Barry and May’s recent attempt to retroactively clawback $246,700 a piece from the great Escambia County citizens? I’ll wager that you won’t even answer that question.
You regularly scapegoat private citizens or your fellow public servants for your own errors.
You rarely if ever own up to your mistakes. Instead you engage in recriminations.
Don’t compare yourself with me, commissioner. I don’t hold public office - YOU do!
The great citizens of Escambia County are paying you handsomely for professional representation. It’s high time you stop acting like a child and start providing that professional representation.
Tom-you don't ever give "facts". You attack, insinuate, and denigrate. Then you weaponize such items and hurl ad hominems via your keyboard--which is why nobody takes you seriously. Your M.O. is you find an issue with which you have heartburn, then you twist
it, then you mischaracterize it, then you assign fault and blame for it to individual elected officials (primarily me) for supporting lawful, intelligent governmental decsisions/functions/ initiatives with which you disagree. You don't deal in facts. But just for kicks, Tom, just for fun, let's look at one thing upon which you are fixated. You blame me for ECUA's effluent discharge in Santa Rosa Sound but I have no play in that evolution. That is not a fact, it is your anger and opinion that I am somehow culpable. ECUA, not the county, engages in this. The county has no play in that--it is authorized by FDEP and the NWFWMD. Not only that, according to ECUA's executive director with whom I have spoken on this topic publicly and heard from him that the effluent more than meets established thresholds for the content of such discharges-which by the way he related to me that he has also explained to you individually. So you know it's not factual to blame me for ECUA's discharge--yet you do it anyway. Explain why you weaponized that against an entity that has no play in that? We can take these one by one because everything you put out has a "fact" has a simple, logical explanation that you won't acknowledge. So we can start with just this one.
Jeff,
I was the individual who raised your consciousness level on this ECUA issue. I was the individual who advised you that the ECUA wastewater treatment plant on Pensacola Beach discharges an average of one million gallons of treated wastewater directly into the Santa Rosa Sound each day.
I was the individual who advised you that the ECUA must apply for a permit every five years from FDEP in order to continue to dump that one million gallons of effluent each day directed into the Santa Rosa Sound.
Rather than dumping one million gallons into the Santa Rosa Sound, we should be using that water to irrigate the vegetation that holds together our dune systems.
Here is some more information for you, Jeff: Navarre Beach is moving forward with their plans to divert their treated wastewater. Currently, Navarre Beach discharges their effluent directly into the Santa Rosa Sound. It appears that the Santa Rosa County commissioners are more proactive than you. You weren’t even aware of our effluent discharge.
Likewise, the city of Milton is moving forward with their plans to build a new wastewater treatment plant. Milton’s current plant has reached capacity and it currently discharges 100% of the effluent directly into the Blackwater River. The new plant will use rapid infiltration basins to eliminate the discharge into the BW River.
So, nearby communities are progressing while Escambia County, under your “leadership”, is falling behind our neighbors.
You obtusely claim that our Escambia County commissioners have no role to play in issues involving our public utilities, our waterways, and our environment. Make it your business - Start doing your job!
By the way, did you know that Santa Rosa County provides 4 minutes to each citizen who wishes to speak at public meetings? Escambia County, under your leadership, has slashed citizen input down to a scant two minutes.
Or watch a Milton City Council meeting. Amazing how much time and deference is provided towards the citizens who attend and speak. You would benefit from a lesson on leadership from Milton Mayor Heather Lindsay.
Contrast neighboring government agencies to our BCC. Our commissioners hardly listen to our citizens. Our commissioners slobber down food while citizens attempt to address the Board. Our last meeting was only two hours long - can you prima donnas not survive for two hours without chewing and slobbering? It’s like trying to address Henry the VIII. The very least you could do is to turn off your microphone while you five are chewing and slobbering.
Now answer a question for me, commissioner: Do you approve of Commissioner Barry and Commissioner May’s recent attempt to retroactively clawback $246,700 each from the great citizens of Escambia County?
Tom-again you skirt the issue and dodge the direct question. The fact is you attacked me and the board for ECUA's effluent issue. We have zero control of it, we don't regulate it, could not stop it if we wanted to. It is a state level issue between ECUA and the state's DEP. You probably knew that, yet you weaponized it against us. You said "If you can ever identify even one fact that I provide as incorrect; please challenge me immediately" I did. You insinuated the effluent was our fault and our responsibility--which you now know is not. You were wrong and your "facts" were not facts. Admit that.
Jeff Obtuse Bergosh,
You are a two term Escambia County commissioner. You should know that ECUA is discharging between 600,000 and 1.6 million gallons of effluent directly into our Santa Rosa Sound EVERY DAY. This is not something new.
ECUA is a PUBLICLY-REGULATED utility. ECUA operations DIRECTLY affect the lives of your constituents. You have a role to in advocating for our citizens.
How come you had absolutely no awareness of this issue until I brought it to your attention in the past few months?
Why is it that as a six-year county commissioner, you still don’t feel as though you have ANY ability to affect this issue?
You, in fact, have exacerbated this effluent problem. You and your fellow commissioners, both directly and indirectly through your five appointed Island Authority board members, have recently approved variances to allow three massive 67% increases for Innisfree Hotels to allow the construction of three new enormous private towers.
Those additional visitors will ADD to our daily wastewater discharge.
You and your colleagues have also recently approved Portofino to construct two additional enormous private towers.
Rather than to reinvest in Escambia County’s crown jewel - Pensacola Beach - you are sending the vast majority of our $21.8 million in TDT funds to Visit Pensacola in a misguided attempt to attract even more tourists to add to our effluent discharge.
In response to my badgering, you finally invited ECUA’s Bruce Woody and Vicki Campbell to your recent Coffee with the Commissioner.
So rather than use your bully pulpit to unfairly scapegoat the great Pensacola Beach leaseholders for YOUR failed tax policy, you finally used your privilege position as our representative to demonstrate to ECUA that our Escambia County commissioners are interested in this issue.
Congratulations for finally doing your job. If I succeeded in raising your consciousness; you are welcome.
Now your turn:
1. Why did you misappropriate a $3,355,209 million dollar FEMA grant on 25 March 2021 that had been awarded for sand replenishment on Pensacola Beach?
2. Do you approve of Commissioner Barry’s recent attempt to retroactively clawback $246,700 from the great citizens of Escambia County?
Tom: Asked and answered to your rambling screed. Multiple times. Try to be positive and upbeat for a change--the sky isn't falling and walking around all day every day with a frwown and a "Debbie-Downer" disposition is probably not healthy. If you are able--try really hard to have a "nice" day! :)
I would ask you, commissioner, to remember that you are paid very handsomely to provide professional representation to the great citizens of Escambia County.
You do our great citizens a disservice when you frequently behave rudely and unprofessionally. Grow up, please.
Additionally, I recognize that you routinely manipulate this forum in a dishonest manner. You frequently write falsehoods. Then you frequently withhold my accurate rebuttals to your falsehoods for several days at a time before you finally reluctantly post them after attention has subsided.
And I noticed that you have completely withdrawn at least one of your unprofessional comments . Hopefully, you withdrew that comment from a place of justified embarrassment and regret, and not as a dishonest attempt to deceive the citizens.
Good day.
Tom-again you lose all credibility when you lie. You lie when you state "you have completely withdrawn at least one of your unprofessional comments." That's a straight-up lie--I've never done that since this blog was established 15 years ago. Never. Lie #2--I "manipulate" things. No I don't. Every one of your vicious, disgusting, dishonest attack piece comments are posted. Every one of them Tom. Don't lie about something so easy for me to disprove. Do I post your rubbish instantaneously? Not necessarily, because unlike you I work an important job so I stay busy. On top of the important job I work supporting the training mission at the base, I am an elected public servant doing an important job for the county which I am humbled and honored to do which also consumes a lot of my time. I have no complaints though--I feel honored and blessed that I hold both positions. So between those two full time commitments and my family life, exercise, tennis, church, etc. and my busy schedule--your comments don't necessarily appear right away. Pardon me if you somehow feel I don't post your comments (which are full of half-truths, straight up ad hominem attacks, innuendo, hearsay, and falshoods tied together with delusional paranoia and most of which violate the terms and rules of the blog, by the way). No, unlike you, Tom, I have a life, I stay busy, and I get things done. Just take a look around my district and you will see. Or not. I could care less. But always remember one thing: You can say whatever you want on facebook hate chambers--but if you throw that garbage around on this site, you will get called out and corrected. Now, try to enjoy the beautiful weather this morning and most importantly, try to find a way to be happy. Have a great weekend! :)
Jeff,
Your behavior seems to have no lower bounds. How dare you call me a liar!!?
Your behavior continues to be absolutely ATROCIOUS. Grow up!
I have NEVER been dishonest in my comments on your blogspot. My credibility is far too important to me.
I primarily cite unimpeachable FACTS. I also, certainly, do indeed share my informed opinions. Informed opinions are appropriate. This is social media, after all.
It is a FACT that your shameful comment from 19 December has been “mysteriously” removed.
The only information that has not yet been established is whether you removed your shameful comments due to justifiable regret and embarrassment, or if you removed those disgusting comments in an attempt to deceive.
I’m referring to your 16 December 2022 posting regarding the $14.2 million dollar BP oil spill money going into Site 8.
In that thread, I admonished you with two factual comments on 19 December:
First, I challenged you regarding the FACT that you railed against No Trespassing signs on private property on Perdido Key while you simultaneously prohibit our great citizens from accessing public property in Cantonment.
I immediately followed that factual post with a second posting in which I factually challenged you for a myriad of your past gaffes.
You made two weak posts in reply. Your first post is still present - you ineffectively replied to your paradoxical stance regarding No Trespassing signs.
However, your second spurious post from 19 December is today conveniently MISSING.
In that magically disappearing post, you criticized me for chastising you in the month of December - you claimed that due to Christmas, you should not be criticized anytime in December. You accused me of violating the spirit of Christmas.
However, you continued on to deliver your dystopian Christmas wish in which I would be run over by a bus, bed-ridden, blind, and disabled.
That disgusting post of yours, Mr. Commissioner, is the post that has been REMOVED. It is mysteriously MISSING.
Further, you have frequently stated blatant FALSEHOODS, then intentionally delayed posting my accurate rebuttals to your falsehoods.
For simplicity I’ll stay with that same 16 December BP oil money at Site 8 thread, but you have intentionally delayed my factual rebuttals multiple times.
On 19 December, you LIED by stating that you and Steven Barry never once claimed that you “Control” Pensacola Beach. You told me to “get back on my meds”.
I responded within two hours. I accurately cited the recording of the BCC meeting of 19 May 2022 at the 2 hour and one minute mark.
On that recording, you and your voting partner, Steven Barry, put on an absolutely DISGUSTING performance in which both you and Barry dishonorably scapegoated the Pensacola Beach leaseholders for YOUR OWN failed tax policy.
Additionally, both you and Mr. Barry stated that the Island Authority board members solely perform a “subservient” land management role for you and that those property managers should be “Fired”.
I accurately rebuked your nonsense with facts, but you withheld my accurate post for several days. Meanwhile, you continued to post multiple comments which were contributed from other citizens and you initiated several new threads - likely in a dishonest attempt to divert attention.
So I maintain my ACCURATE assertion that you are frequently dishonest with this blogspot.
Moreover, the PNJ “out-ed” you in the past for your PROVEN dishonesty on social media. Thus, your nickname “Godzilla”.
You’re an intelligent individual, Jeff. The only logical explanation for your many intentional deceptions is that you cannot defend your questionable words and actions by citing honest FACTS.
Don’t dare impugn my credibility, Mr. Commissioner.
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