Drilling a Dry Hole Part II

Because the ECSO has now, through their attorney Gerald Champagne, filed a criminal complaint against the Board of County Commissioners, I feel compelled to speak up about this ridiculous, rubbish-filled, nonsensical complaint.

The relevant portion of the complaint, as ridiculous as it reads, does allege serious misconduct –and it should be addressed, and is being addressed, in a very serious manner…. The relevant excerpt reads as follows:

"On Behalf of Sheriff Morgan, we respectfully request that you initiate an investigation into this meeting on the basis that it was wrongfully closed to the public in violation of Section 286.011 (8), Florida Statutes (2017)."

If we have indeed violated the open meeting law (which Eric knows we didn’t, by the way)—there are potential criminal sanctions that could be imposed.  (A former Escambia CountyCommissioner and a former Escambia County School Board member each spent time in jail for violating the Florida Open Meeting and Public Records Laws).  So yes, when someone alleges something like this----This is an attack, an allegation I take very seriously.

But if we committed a crime by holding this meeting—why go to the SAO a month later? This makes no sense at all.  So I asked Eric Haines this very question on a Facebook back and forth he initiated with me after his office filed the complaint and the news broke on Rick’s Blog early Saturday…(I was aware of the complaint but had no intention of blogging about it unless it became media fodder, which it did on Saturday…..and thus my subsequent  Facebook post and blog post)

Eric Haines:  “…. I’m of the belief that your rationale is insufficient for a shade meeting…”

Me:  “You are being inefficient here Eric. You are a Florida Certified Law Enforcement Officer and so here's what you know: if you believe a crime has been committed (and apparently, you do judging from your vituperative objection to our legitimate shade meeting), and if you have probable cause that leads you to believe that a crime has been committed--you do not need to wait, Eric. You do not need to send an email a month after the fact to the SAO. You can draft a warrant to arrest all five (5) of us and take that warrant to a judge and see what happens; see if you would find ANY judge that, based upon this fact pattern, would countenance this ridiculous rubbish claim you are making. Good

Drilling a Dry Hole......NOT a Humdinger

Suggesting our Executive Session from 10-23-2017 was somehow inappropriate is akin to someone drilling a dry hole

The Sheriff's Office, through their Attorney Gerald Champaign, has requested an investigation of the BCC's Legally appropriate (FL Stat. 286.011[8] )Shade Meeting from October 23rd 2017. The email from Champaign dated 11/17/2017 initiating the request that the SAO investigate the BCC also singles out (then) chairman Doug Underhill: From the November 17th email, when I was vice chair and Doug Underhill was Chair "We also observe the current chairman [Underhill] has publicly stated that it is his opinion that it's proper to conduct a "shade" meeting when the subject of the meeting is "potential litigation"... Problem is, I don't believe I ever heard then chairman Underhill ever say that; in fact it is my recollection that he opposed this appropriate meeting--even though he participated in this meeting before abruptly leaving the meeting after it had commenced. More importantly, a team of attorneys with the county vetted the legality of this meeting thoroughly before the meeting took place, and I am also told that the SAO staff was consulted before this meeting took place and that no issues were indicated at that time, before the October 23rd Meeting. So no, this is not a "HumDinger"---this is more of the same...Aggressive, strong-arm and scorched earth tactics to achieve budgetary ends. Even in the face of now multiple olive branches being passed from the BCC to the ECSO. Disappointing but there is no smoking gun here. No "there" there, if you will. Nope, not a "HumDinger" this is someone's futile effort at (to coin a term I have seen the Sheriff himself utilize) "drilling a dry hole."