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I have established this blog as a means of transparency to the public, outreach to the community, and information dissemination to all who choose to look. Feedback is welcome, but because public participation is equally encouraged, appropriate language and decorum is mandatory.

Friday, February 3, 2023

Staying in our Lanes

If we all stay in our lanes and do our jobs things will function effectively and efficiently.  If not, we are no better than a third-world dictatorship.....

Yesterday evening at the end of our regular BCC meeting (beginning at about 1:16:45 of this video) the board once again wrestled with an issue that should have never, ever been brought forward on another agenda.  It is a settled matter, all but the final payment of $6,900.00.  Or so it should have been.

Sadly, however, the issue had to be brought back for another go-round last night.

Way back on October 6th--- nearly four months ago---the board voted to pay the last of the costs associated with righting a wrong that was put upon a former employee.  Whether or not anyone agreed with the board's course of action on that matter, the bottom line is the county had to settle with that former employee because of numerous mistakes made by now former staff members that didn't do their jobs correctly, period.  His rights were violated, unfounded accusations were leveled against him, and his due process rights were tossed in a garbage can and lit on fire.   The insurance company and their attorneys wisely advised that the issue be settled for $200,000.00 as the case, if brought to a trial, could have cost the county as much as $800,000.00 in settlement fees + legal costs.

Feckless, glib individuals (to include a claims adjuster for the insurance company and even several former county staffers) who do not understand the way things actually work (apparently including several of the lawyers who purportedly worked on our behalf for the insurance company in defending the eventual lawsuit that was brought by this former employee) attempted to foist blame on me for the outcome.  Of course what they did and how they spread that message via their adjuster and even through former county staff was unethical and contrary to the professional, appropriate way a client is to be treated by their attorney (they are lucky no bar complaint was filed).  

But we were not their real client; never were.  Nope.  We figured that out once we received their emails and assessment of the case documents---after the factYou know, the texts and emails they never thought we would see.  No, their real client was always their insurance company that paid their salaries.  They didn't think too much of the commissioners nor did they care for me.  So what.  Do a job.  That's what I say.  Because the seminal, most important axiom of reality these "lawyers" never admitted to nor conceded was the fact that had this matter gone to trial-- I would have NEVER been called to testify at such a trial as I was not a fact witness to the events upon which I have opined and testified truthfully under oath during my deposition.  

They should have known that, and probably did.  

Yet they still assigned blame to a commissioner when the fact of the matter was I told the truth and they were dealt a bum case with fact patterns they didn't have the chops nor the will to overcome.  Period.

Setting that ALL aside, they brazenly claimed that my truthful testimony once I was deposed somehow "tanked the case"  Garbage, rubbish lie.

So after all that smoke cleared, the final settlement costs this former employee incurred in order to get on with his life and career totalled $6,900.00 dollars.  The board of county commissioners voted 3-1 that the payment of this sum be made to settle the costs with the state on behalf of this former employee. Further, the board also voted that in it's view this payment was appropriate and served a public purpose/interest.  

October 6th we voted that.   (See the discussion and vote beginning at 3:17:41 of this video)

But the clerk never paid it.  

Only when she was asked about the delay, 90 days later,  did her office gave a weak set of excuses about why it wasn't paid.

The clerk didn't bother to tell our attorney or any of us she had a problem with the payment for 90 days until she was prodded on it.

Why not?

Well, many of us suspect it is all related to other pending issues she has with the BCC.  Nobody knows for sure except her, but it doesn't matter now, because last night the board once again had to reopen this messy affair and discuss it.  And again, the board made a 3-1 vote.

This time, though, the 3-1 was made to allow our attorney to utilize the court to compel payment of this item.  I predict a writ of mandamus will be filed, and hopefully it will be considered swiftly in the circuit court so the previously BCC approved, lawful and appropriate payment------at long last----- can be made.

As I said in the meeting last night---I believe to not make that payment is an attempt at usurping the board's power.  It isn't right.  We all have to stay in our lanes and if we don't--things devolve and fall apart and we become dysfunctional like a third-world banana republic or worse.

More to come on this.  Much more.

8 comments:

Melissa Pino said...

Glad the board is doing what's necessary to get this in hand, if at all possible.

There's no winning it, of course, because the Clerk is on a different playing field altogether--she's putting points up on the attention economy scoreboard. And she's getting plenty of it, so it really doesn't matter to her that the cheers are coming from the area's biggest political dupes and losers. Her calculus is clearly to just keep looming large however she can, and bask in the warmth of the conspiracy stew.

It's actually not a dumb political ploy these days, as sadly it gets a lot of results with uniformed voters, and commentators whose little knowledge is a dangerous thing. As I said at a previous meeting, she knows she's never going to get prosecuted for anything. We don't hold elected officials accountable for unethical or illegal behavior; everything just gets schlepped off to civil court, where the lawyers laugh all the way to the bank. She repeatedly lied about the TDT funds in front of the TDC; she clearly violated statute in cutting the checks; she didn't handle the administrative 3% properly and knowingly ripped the taxpayers off for a LOT of money over the years taking too much; and now she is targeting another hot-button political topic to stay in the news.

Really, what's the downside for her? This is what I've been arguing about Santos. People truly don't get what's driving him, and that he is simply playing a caricature of the GOP (which is really no different than the real thing in many cases) on a grand stage--the world's largest theater, with all eyes on him. Maybe he'll actually get prosecuted in the end, but how much time will he spend versus the money he makes from the book deal? And as a commentator getting interviewed by other voter-beloved frauds like Matt Gaetz. And in the meantime, he gets to enjoy playing a better Rubio than Rubio can muster himself. There's very little downside, at this point.

The clerk is operating with those same motivations on a much smaller scale, with the same principles in play. Flout the rules; brazenly lie; howl in righteous indignation; and just generally make an intentional ass of yourself--and take a bow while the fools and your fellow cons throw roses at your feet. It's hardly even a calculated risk any more, this has become such a tried and true way to gain the affections of red meat voters. So why not? She's just one more in a through-line of ruthless female bullies in positions of power masquerading as Strong Women Victimized by Corrupt Men.

It doesn't take any courage to stomp your feet and toss your head. She might try telling the truth and owning up to her mistakes for once. That would require an inner moral compass as a guide, however. Because the voters here sure don't seem like they're going to wake up and start demanding these political charades that drain the tax coffers come to an end. In fact, they seem to become intoxicated on that sort of behavior.

Nonetheless, there was really nothing more the BCC could do at this juncture than to direct their attorney to demand payment. Then hope that the case catches a decent judge who isn't playing his or her own clownish role in the three-ring circus of the attention economy.

Jeff Bergosh said...

I noted the PNJ's piece didn't mention the fact she never even notified us it was an issue--just let it sit in the inbox for three months then once pressed, all the excused came gusing out. Why sit on something for three months? Why not at least pick up the phone and make a call if you are truly interested in working colaboratively to get items cleared up. Nope. The delay was intentional because she doesn't "like" the decision the deciders made. My opinion is simple. If she wants to be a decider she should resign her clerk job and run for county commission and then she can be a decider, too. Meantime--keep the records, pay the checks we approve and stay in your lane please. That's all, it's pretty basic. And the ridiculous attempt at a correlation between this serious matter and an employee getting a speeding ticket on the clock is a ridiculous and inappropriate analogy to make. Ridiculous. But most of us, except for this reporter, apparently, get that already.

Melissa Pino said...

She let it sit and wait because her decisions are based on how to bring maximum political drama. On this one, looks like she wanted to draw the Board out so that you would be forced to bring suit against her, so she can continue to work the story line that she is an Empowered Female Not Afraid of Standing Up Against A Bunch of Men. Too bad that it was her playing in the sandbox with the rest of the unethical pigtail mafia that brought her the embarrassment of a JLAC audit to begin with.

I can't imagine what it must be like to work for her. Not as bad as a boss who filed serial fraudulent DOAH complaints on her staff, I guess. Just a boss who forces you to justify her keeping legal payment from a paramedic who was one of many harassed repeatedly with baseless claims and complaints over a course of years. What a horrible thing to have to face every day.

Melissa Pino said...

Correction: "DOAH" (Department of Administrative Hearings) in my above comment should of course be "DOH" (Department of Health). Sorry; my fingertips lost track of which serial false-claimer I was addressing.

I wonder if anyone has informed Commissioner Kohler that Janie Brissett, who was the original DOH "investigator" in this hot mess (great job, that was) parachuted right out of DOH and into Janice Gilley's "Ethics" department--which, among other things, assisted with such fan favorites "Fire Me Friday" and putting the tech sniffing FDLE dog up on the Fourth Floor searching out planted devices in potted plants. (She was also a big help in running the same playbook of an SAO threat when she helped cooked up that nonsense per the Estuary debacle along with the Natural Resources Director.)

What a pointless, tragic waste. All of it.

Anonymous said...

The gift that keeps giving. For one preventing medical errors is not supposed to be done in a punitive environment period.

It should never had been politicized and leaked to the media to begin with. A medical director should not turn things over to FDOH but handle issues by fostering trust in relationships and work as a team to improve the organization, protocols and outcomes.

If you want to get technical the deal that ketamine is not indicated for epileptic patients can even be contradicted as sometimes it is indicated to relieve seizures.

The charges were bogus.

How would Edler like it if a patient died that came to the ER who she saw to be run up the flagpole and up for public opinion opening the hospital to lawsuits.

Five years after the fact.

Glad the board is standing firm.

Childers needs to be replaced.

Anonymous said...

So does Kohler think it's fine to trump up charges and try to sue for a paycheck?

Anonymous said...

Whats up with Escambia Rose and her DOAH anality?

Yeah JC is a liar, freaked him out how transparent it is for one to know who his fake account is.

He put your quotes over there and 3 people buy into it.

Chief Blow still blows.

Haha.. I know it's not funny really. They run to 850 still trying to sound knowledgeable when they basically get everything backwards.

Get this paid and move on.

Kevin Wade said...

"More to come on this. Much more."

Are we not all just a little over 'any more' that can come when the chronicles of just the past few years have exponentially more moving parts than most decades in the last few centuries?

I heard this line "D.O.H. has procedures" and enormity of the lack of understanding the history of not just the issue at hand but at EVERYTHING took my breath away, just completely in the worst way.

The tomes of just the events of this matter laid out here in your blog is a book and not to mention all the rest of the coverage on Ricks InWeekly, the PNJ, WEAR3, Channel5, NorthEscambia and the days of video from meeting after meeting and goshers,... we can go even further back before the hiring violations Jack Brown perpetrated that lowered the bar for a Medical Director for Escambia County, Le'Sigh.

The fact that there are still people trying to play games in the highway of this soul and career ruining road of tears is beyond the pale.

In the end the Pam who wants to be treated by a human being is just so happy to knife the back of a guy who in the beginning stuck up for a woman who was being subjected to inappropriate language at work but he wrote a report on one of the broken chosen children of a power mad charlatan who is still trying to get her big payday from the county that she and the Blonde Mafia successfully laid waist to many amazing life saving EMT's and how many more who do not save lives here anymore?