Show Cause Hearing Held: Jonathan Owens takes the 5th--Refusing to Testify

Does the "press" have the right to possess personal identification information, in contravention to state statutes, when such information neither serves the public interest nor is a public record?

Escambia County's case against Gannett, Jonathan Owens, and Alex Arduini moved forward yesterday with a show cause hearing on Zoom that lasted about two hours.

The county presented its case and called a number of witnesses.  I was first, and I testified truthfully.  Jonathan Owens was called to testify and through his lawyer, he took the 5th amendment and did not testify.  Alex Arduini, initially advised by his own lawyer to also take the 5th amendment actually did answer questions and testified that he has never seen the text file nor has he ever possessed it.  That was his testimony under oath.  Not one (1) person from the PNJ bothered to show up to testify.  Their lawyer informed the court they would not testify and that they would be shielded from testifying about the identity of their anonymous source that gave them their files via a Florida law that protects the media.

The judge was very methodical and allowed all attorneys present to speak and present their cases.

I was allowed to testify to the fact that several of my family members have endured fraud on their accounts in the last 8 months, and I was given space to describe the circumstances under which I needed to have my phone's contents backed up to preserve county records.

At the end of the day where this case goes next is entirely up to Judge Schlechter.  I believe the county presented rational arguments for the return of the stolen files from those who possess it currently.  I believe the county presented rational arguments for the case to continue to discovery so that the county can depose individuals to learn more about who has the files, how such files were obtained, and to whom files have been shared.  This case is much larger than just me.  There are a lot of innocent, unaffiliated individuals who now have their private medical information out in the public--including current and former county employees---due to no fault of their own.  These files were in the care and custody of the county's IT department and we believe it is wholly appropriate for the county to work through the courts to retrieve these stolen county files.

And to the defense the attorney for Gannett put forward, at some point some court, somewhere, will need to rule on this to answer this very important question:  Where is the line for what the media can and cannot do because of the protections they enjoy under the 1st Amendment.  Where is the line?  And when I ask that, rhetorically speaking, I mean--does press freedom and legal precedents from last century allow the media to transcend and violate existing state law?  

The PNJ readily admit they possess the files at issue here, which files contain the personal identification information on more than a dozen local citizens.  The mere possession of data like this is a felony under state law 817.5685.  How does the media's possession of my daughter's bank account number, my son's tax form and my other son's social security number serve a public purpose or the public interest?  Answer: it doesn't.  So if the folks that possess stolen personal information are given leave by the courts to keep such data in contravention to state law---doesn't that serve to encourage more folks to engage in the nefarious conduct of stealing and possessing others' personal identification information?  

Really--where is the line for the "press's" immunity?  Could they have child porn on their computers if they were using such disgusting information for a story?  Could they protect a source if that source admitted committing murder?   Where is the line the press can't cross---and does state law trump the press's right to hold data unlawfully?

Maybe, just maybe, this little case might start to provide an answer to this question.  We will see.

New Judge in County's Replevin/Conversion Lawsuit is Moving Quickly

After the last minute recusal by the Escambia County Judge assigned in Escambia County's Replevin/Conversion Lawsuit against Jonathan Owens, Alex Arduini, and Gannett--the case was transferred to Okaloosa County.  Nobody knew how long a delay this inexplicable, last-minute recusal would cause.

Late yesterday afternoon we got the answer.

The newly appointed Judge in this case has immediately scheduled a show cause hearing.  And this new judge in the county's case is moving quickly.

The hearing is one week from tomorrow at 11:30.

See Judge Schlechter's order, below.

Important Factual Details Must Not Be Overlooked, Part I

As we saw in the last meeting of the Board of County Commissioners where one commissioner, his secretary (who wants to run against me for my seat with the blessing and support of his boss), and one citizen (an ally of the current D2 commissioner and his secretary--as well as the former D2 commissioner and his secretary) teamed up to create a ruckus, a political stunt aimed at damaging me and creating a splash in the press---some important details never made it into the subsequent reporting on this issue.  Not surprising.

But important details must never be overlooked. To do so by one's political opponents is to be expected; to do so by the press is disingenous at best, deliberate and intentional with actual malice and in a false light at worst.  

So here is what is important for folks to know, in granular, factual detail.

1.  County records were stolen, this was investigated by the county, and is being investigated by Law Enforcement Authorities currently as I write this.

2.  Some of the records stolen are indeed bonafide, releasable public records.  However, many (if not most) of the files stolen and inappropriately disseminated are not public records and would never be released or released unredacted under any public records request made of the county, ever.

3.  The records within the stolen file that are bonafide public records were not requested of me by the lawyers representing Dr. Rayme Edler--otherwise they would have been provided.  We learned subsequently these texts were not requested because these lawyers opposing the county had already been provided this file by Jonathan Owens, unredacted, and outside of the discovery process in that case.

4.  On June 5th  the county attorney proactively reported this theft of files directly to the state attorney once it was determined that records had been stolen, disseminated by former employee Jonathan Owens unredacted, and subsequently possessed unlawfully by multiple individuals and entities.  

5.  An investigation into potentially criminal misconduct associated with this episode was launched and both the county and I have cooperated every step of the way.

6.  Florida Statutes, specifically 817.5685, provide that mere possession of another's personal identification information, unauthorized, is a misdemeanor.  If the unlawful possession by a person includes personal identification information on five or more individuals, it is a Felony.  The information within the stolen files contains such information on more than 5 persons.  A total of 23 citizens' information is contained in the stolen files.  Cancer diagneses and prognosis, medical information, personal identification information, and reams of files that would be unlawful to release.

7.  There does not appear to be an exception to this possession of personal identification information law allowing for the media to possess such information. (e.g. what specifically within 817.5685  would allow for the PNJ to possess the Driver's Licenses and Passports of my wife and children who are not even public figures?  What exception in that law allows the PNJ to keep my daughter's bank account number?)

8.  On June 14th County Attorney Alison Rogers, County Administrator Wes Moreno, and I met in my office with law enforcement investigators assigned to look into the unlawful theft of the property from the county and any other associated crimes.  The County and I personally signed a release on the spot allowing unfettered access to these files to investigate ANY crimes associated with these files by law enforcement.   (I have asked for a releasable copy of this signed waiver and would have published it here, but I have been told by law enforcement this is not releasable yet, until the investigation has been formally completed)

9.  I also provided my copy of my complete, unadulterated iPhone Download contained on a stick drive I had in my safe to law enforcement investigators as well----months ago.  And I consented--- by voluntarily providing this file--- for them to search it for any evidence of ANY crime.  I have nothing to hide, there is no "there" there as I stated at the last meeting.  

10.  An analysis of my downloaded phone file that I provided to law enforcement, originally produced in  February 2022, is an exact match of the file that law enforcement retrieved from the county's computer systemf a year and a half later in June of 2023--the hash files are identical.  This has been verified to me by the principal investigator in this case.

11.  I have also been told by law enforcement investigators that my file that I provided to law enforcement is NOT  an exact match of the file that Jonathan Owens provided to lawyers for Dr. Rayme Edler.  The hash files DO NOT Match, the original file has been manipulated.  This has been verified to me by the principal investigator in this case.

12.  The County's replevin/conversion  civil lawsuit for return of stolen county property from other entities (Jonathan Owens, Alex Arduini, Gannett, and others potentially via follow on amended complaints as necessitated by facts obtained in the soon to commence depositions in this case), authorized by the BCC via a 4-1 vote, will enable a comparison by law enforcement of the unadulterated county file to these stolen files

For Gannett's PNJ---- the Ends Justify the Means

Criminal conduct must not ever be induced, rewarded, or countenanced.  Otherwise it will continue and grow.

It's why when demand for catalytic converters by scrap yards, regardless of the origin of such parts, was remunerative for theives and the scrap metal markets alike--the expensive,exasperating issue of folks having their catalytic converters stolen from their cars swept the nation.  Scrap yards could buy boxes full of these valuable parts from anonymous, shifty, sketchy and unknown individuals, shrug their shoulders and say, "We followed the law--WE didn't steal these."  Then a raft of states dealt with the demand side of that illegal activity/trade  by passing laws that put the onus on the "buyers" of catalytic converters (scrap dealers) to verify the origin of the individual parts prior to buying them.  These laws also made unauthorized possession of such parts illegal.  Now these crimes are on the decline--because the inducement and normalization of the improper, unlawful conduct has been removed, appropriately, by legislators.

Ditto for scrap copper theft around the nation.

This is why it is important to deal in facts and ignore distractions as it pertains to the current issue in Escambia County of what appears to be criminal conduct by those who stole county files and disseminated them unlawfully, continue to possess them unlawfully without authorization, and disseminate them inappropriately. 

Words are important, too.  

These are stolen county records--the sort of records that mere possession of which is a crime. A theft has happened.  It is potentially criminal. PNJ minimizes and attempts to sanitize this by calling this an issue of "Leaked" files.

Worse, Gannett's PNJ condones the theft of these files by continuing to possess and publish stories from them--which will invariably induce and embolden others to inappropriately steal files in the future--  here and elsewhere--from those with whom they disagree politically.

So individual aspects of this whole sordid event must be dealt with separately.

The issue of these stolen files and their continuing, unlawful, unauthorized possession by multiple individuals and Gannett--- in contravention to state law--- is one stand alone issue that is being investigated , a court action has been filed, and soon this matter will be litigated.

A separate issue is Florida's Public Records law and how it meshes here with files that have been stolen from the county's computers while such files were in the care and custody of the county--creating a condition where multiple individuals and entities now have possession, apparently, of a complete file the majority of the contents of which are actually private and not public records. Much of  this file contains privileged, confidential, Personal Identification Information, and individual personal medical records on more than a dozen local citizens that would never be released under any public records request anywhere in Florida ever.  Gannett knows this.

1. Stolen records

2. Public Records Law

Two separate issues.  And again-- Gannett's PNJ know that.  They are also aware of the fact that in 18

Why does the Public NOT Trust America's Mainstream Media in General, and the Local Print Media, the PNJ, in Particular?

 

The sea of red "DISAGREE" cards is nearly unanimous at every town hall I hold in District 1 when I ask one simple question:  Do you trust and believe what you read in the Pensacola News Journal?

We had a really good turnout for our Monday evening's Town Hall meeting.

The crowd that came out was interested, motivated, and they were engaged.

So we talked a LOT of issues....Traffic, stormwater, infrastructure, growth management, and lots of other topics.  We went through all of the audience comments, and a lot of issues were addressed/explained by staff.  Those issues for which we could not provide a cogent explanation were referred to staff who could provide a response.  

So it was a great night and I really appreciated everyone's participation.

At the end of the night, I waited at the podium and answered the last of the crowd's questions, 1 on 1, face to face.

And one of the individuals who waited to speak with me taught my son in Elementary School in Beulah nearly 20 years ago.  So she had my attention.

"This townhall was great, you did a great job and really connected with the people---but there's one thing you need to fix------stop slamming the media!"  she stated.  And I told her I appreciated her opinion and understood her concern--but that the media in America is distrusted, nearly universally.  And the print media, locally, the PNJ particularly is not trusted at all.

"I worry about our country if we do not support a free press"  she continued.   "I do too" I responded.

Then I continued "They lie, play favorites, hide facts, and are selective about whom it is they attack, and whom it is that gets a pass.  That's why nobody trusts the media today, the mainstream media, and especially the PNJ locally."

"Well, you should speak with them and explain your position" she stated, to which I replied "I've done that--and they are intransigent."

"You should just ignore them then" she concluded.  

"I have to keep an eye on them because of what I do--but I do ignore the majority of the garbage they put out." I stated flatly as I thanked her for coming and participating and for all she did for students.

The issue that got her somewhat riled was the portion of my townhall where I rapidly surveyed the audience on their thoughts of the media.  Three questions drew almost universal rebuke of the media, and the PNJ in particular.  You can see the reaction for yourself at minute 1:44  of this video

Retraction Requested of the PNJ

 

Important Facts Ignored in Latest PNJ Hit Piece that Attempts to Portray Me in a False Light with Actual Malice

I suppose I should not be surprised when a former employee of Gannett's PNJ called me yesterday and the conversation quickly went to the two recent PNJ articles that do not reflect reality and actually attempt to portray me in a false light deliberately.  Not the first time PNJ has done this to me, probably won't be the last.  Ironic that these antics always occur during campaign season......

"I'm sorry this happened and they did this to you, she stated.  When I was there, they had a strict policy of never printing anonymous documents they did not first independently verify"  said this former employee.  I guess they are justifying this publication by saying the "anonymous source" that provided them the stolen texts had a document that they verified with Jonathan Owens' copy.  Wait, though:  What if that copy was manipulated, and that  copy was provided to the PNJ's source  which matched up with Jonathan's--- but both of which are stolen and neither of which have actually been verified as accurate?  

Looks like journalistic integrity and standards have been lowered in the organization in light of poor economic performance, decrased relevancy (and subscriber numbers) and vanishing ad revnue coupled with higher costs.  Plus, it's easier to sell newspapers if the headlines are salacious, scandalous, and sensational.   Facts, who cares, right?

So in this morning's hard copy edition, they have once again published what is an outright falsehood, and did not bother to ask my side.  True, I said I would not comment on the ongoing federal investigation into how my data was stolen--- but I most certainly would have commented on this garbage quote.

"Using keyword searches related to public business, the News Journal reviewed the texts and reported that Bergosh referenced Edler more than 100 times in texts that seemingly should have been released as a matter of public record under Florida Sunshine Law, but were not." 

I have never once in 17 years as an elected offical failed to produce a public record, ever.  Not once, and I did not in this instance, either.  I'm not the disgraced former commissioner with more ethics violations, recommendations for removal from office, Federal and State lawsuits and continuing problems even after he left office than any other commissioner in the history of this county.  No, unlike that guy-- Doug Underhill----- and his acolyte, minion, secretary--- Jonathan Owens--------I follow the law to the letter even though I say things and do things the PNJ don't like.

So the fact is this.  I never received a request for public records related to these texts that I failed to produce, and I have never failed to produce any of my personal text messages regarding the Edler case. The county received voluminous requests for other emails and correspondence, and data requests, which the lawyers are working to fulfill via the discovery process.  Importantly:  The lawyers did not request these text messages under a PRR, nor did anyone else.  Had a request been made of me, I would have fulfilled it as I have always done and have a track record of doing.  But instead, my entire text file was stolen.  Mention of this was made by the lawyers for Edler via email on March 27th.  Attorneys for Edler sat on these purported text messages of mine for two months and did not provide them to the attorneys for the county until nearly two months later, on May 24th.  I was not notified until June that there was potentially a breach of my data, but I was concerned because I was never requested to provide my text messages relevant to this case because I was told the other side already had "all of them."

So instead of getting the facts from the source, PNJ runs with an article that intimates I failed to produce a record, which is a lie.  It is untrue. It is libel.

The truth of the matter is, this discovery process continues, and now we are working on a fair way to redact the files from my phone that were stolen in an attempt to protect attorney-client privileged communications, exempt records, and personally identifiable information that is contained within that stolen text file while simultaneously working to maintain our obligation to produce responsive records.  And no final decision has been made on what will be released because it is tied up in the courts.

First email notification March 27th, 2023

Escambia County finally  receives purported Bergosh text file, June 1

--Other notable falsehoods:  The "quote" the PNJ references about "no public data on private cell phones" is not the position of the county's attorneys, and that was noted by the magistrate judge herself during the hearing in a back and forth with county attorneys.  Why leave that quote in there when it is clearly not the position of the county's attorneys and that was acknowledged in court because it is an inaccurate, non-factual assertion?

Gannett CEO Letter to Escambia Board of County Commissioners: Keep Public Notices in Newspapers (please!)

Last year was a watershed moment as the Florida legislature passed HB 7049 and it was subsequently passed by the senate and approved by the Governor in May, 2022.  The law became effective 1/1/23.

The bill was harshly criticized by the state's print media concerns.  It was criticized by national media as well.  Scare tactics and ominous talking points.  And yet it passed.

Meanwhile, the BCC has already begun publishing most public notices on a lower priced print newspaper not affiliated with the Pensacola News Journal.  There are some legal hurdles the county will have to navigate in order to fully integrate notices on our website--but that is a direction I certainly want to go.

It will save the county taxpayers hundreds of thousands of dollars.

And my perspective is this--in many instances the local paper has been biased, unfair, and frankly unprofessional and dishonest in how they cover the BCC and individual members of the board with whom they ideologically disagree.  That's been my personal experience with this paper, their string of editors, and their racist, now former cartoonist.  So why would we feed taxpayer revenue to an entity that is so hostile toward us?

Answer (in my opinion) : We shouldn't.  And for my vote, I WON'T.

I am going to work that direction for the savings it will produce for the taxpayers--- to boot.  

Now, this savings (not paying media conglomerates hefty fees for publication of routine public notices) from Escambia County alone may be insignificant to giant corporate players like Gannett--but if more Florida governments follow HB 7049 and publish public notices on their own respective, organic websites----that amount of a revenue loss for media interests will not escape notice.

Thus, the letter the BCC received yesterday, below.

Another Inaccurate, Misleading, Garbage PNJ Headline: Par for the Course

"Mike Kohler Looks to Restore Trust in District 2 Commissioner's Seat" is how PNJ's misleading headline above should have read.....

Yesterday's electronic PNJ put out a story about soon-to-be sworn in County Commissioner-Elect Mike Kohler.  And once a reader was able to get by the BS headline--the story was well-written. (and don't worry, the PNJ are saving this piece, along with the garbage headline, for their Sunday edition....the only day they have any readership of their hard copy product to speak of.....

 But the headline they used and will be using tomorrow is garbage.  No, it is worse than that, it is BS, misleading Garbage.

 "Mike Kohler Looks to Restore Trust in Escambia County"

 After reading that headline, I expected to see yet another inaccurate, hatchet piece article running down the current commissioners--  because--to read that headline one would assume the county is in shambles and broken--and Kohler like a white-knight is coming in for a rescue job.  (In fairness, some do believe Escambia's Governance is a wreck:  The PNJ, a former PNJ cartoonist, a couple of downtown types, a downtown stockbroker, and about 12 people on one Facebook chat site.)

 Most normal human citizens don't share this dystopian and skewed view of reality, though. 

 Looking at the election, where the only incumbent Escambia County commissioner on the ballot won in a landslide, and looking at the recent survey the Studer group put out showing year-over year improvement in the public's perception of the county commission and the county's overall trajectory--what the PNJ and some foil-hat haters think about the commissioners and the county does not line up with what the average citizen believes.

I get a lot of email, phone calls, and feedback directly from constituents all day, every day. They don't hold back, either. Rarely do I get a complaint about the 401a, lack of a strategic plan, or the idea of consolidation or creating a "charter county" with a "strong elected administrator."  I never get complaints about firing former administrator Janice Gilley.  Nope-those are the issues of the PNJ and a handful of downtowners.  Normal folks are concerned with their own issues--traffic, over-development, and to a lesser degree--stormwater issues.  What I don't hear is ordinary folks upset about the PNJ's faux issues of anger above.   Never.

 Knowing all this and seeing the headline I was prepared for the worst.

 But the article did not attack the commissioners, at least not overtly anyway.  It was primarily a piece about the incoming commissioner and some of his priorities and goals once getting into office.  And the article is framed around his challenge in doing that due to his predecessor's horrible record and tumultuous, scandal-ridden tenure and departure under clouds of suspicion, ongoing litigation, and multiple ethics violations.

from the article:

"Kohler said for the first few months in office, he would focus on restoring trust in the District 2 office. “I really want to try to build a decent relationship with the other commissioners so that hopefully they'll work with me to get some stuff done in District 2," Kohler said. "I know the people in District 2 really feel like they've been underserved..Kohler said he hopes he is not "held hostage" by the actions of his predecessor, who he pointed out did not support him during his election campaign.  I'm hoping I can make some amends and just go in and prove to them that I'm not an enemy," Kohler said."

So, I asked Jim Little about the misleading headline.  I told him the headline should have been something like "Kohler to attempt to restore trust in D2 Commission seat" which he disagreed about.  He doubled down on the headline he used.  "I see your point, but I think the article conveys he is looking to restore trust in the D2 seat but also trust in the county for the residents of D2.  So, I think the headline fits the story" he stated.

 Another inaccurate, misleading garbage PNJ Headline--it's par for the course because they want strife, conflict, angst, and controversy.  They feast on it, and a headline like that magnifies a "position" that is not held by a majority of area citizens.  No matter, the PNJdoesn't care.  They will create it or attempt to manifest dysfunction in order to sell ads and papers--because they do not care about this community and the people that live here.  It's all about making a buck, meeting sales goals, and a desperate attempt to stay relevant.  It is disgusting and dishonorable, but legal, the way this paper plies its trade.  And they risk setting up the soon to be commissioner for a tougher start than needed by publishing this article this way.  They don't care though.  They want strife and division on this board, they are counting on it.  They leverage it to sell papers and ads.

If they (the PNJ) were offered a community guaranteed to be free of crime or any issues with locally elected leaders that served the citizens and functioned at a high level --but this scenario required them to go out of business---they would cast that perfect community aside for the ability to continue doing what they do---fostering discontent with fake, garbage "news", misleading headlines, unfair and inaccurate "editorials" and cartoons ONLY on their perceived philosophical rivals and those who their advertising patron(s) disfavor.

 No wonder the PNJ are shrinking; they're slowly going out of business, quietly and incrementally.  But it is coming.  They did (and continue to do) it to themselves.   This headline is another example of why.

I Normally Don't Do it, But......

.....This time I did.  I Picked up the phone and made the call.

Yes, I normally do not return calls where the citizen is irate and yells at my aide(s) or is rude, threatening, or just plain onry in their call to our office.  I especially avoid the ones where they make a threat or an ultimatum.

Because, what is the point, right?  Obviously this individual--whoever they may be at any given time--has made up their mind and have picked up a phone and taken the time to call my office to enunciate the fact that:

1.) If I vote for "X"--they will never vote for me again or 2.) They will never vote for me again because of some "thing" I purportedly did or 3.) they think I am somehow engaged in criminal conduct or 4.) all of the above.

These are not every day occurrences, but these sorts of calls do come in from time to time.

And I normally don't do it, I normally don't call back--especially when they explicitly tell my staff "not to bother having Bergosh call back."  But this time, along with the "don't bother having him call back" --the individual actually left a name and number.  So I did call back--and I am glad I did.  I actually had a productive conversation with the original caller and one of this individual's relatives who listened in.

The setup was this:  I am apparently not worthy of continued support because of the state retirment plan others on the board take.  And the article in the paper was infuriating to this constituent!

So, again, I called her and asked her about it.

"Look, I read that article in the PNJ, and it made me so angry!  It's not right that the commissioners are taking an extra $40,000.00 per year over and above their $85,000.00 salary for a part-time job--and I am mad!"  She continued..."Look, I know you don't take that plan, but you voted for it and so I am not happy about that either!"

I listened to her speak, and there is no doubt she was angry and worked up.  So I listened, and then we had a back and forth dialogue and she listened as well.

"I understand you are angry, but that was not a news piece you read--it was an opinion piece from the local cartoonist, Andy Marlette.  And, it is full of lies, half-truths, and falsehoods." I stated flatly. 

"Look, that guy is constantly taking shots at me, he has for the last 16 years.  Cartoons, hit pieces, and flat out lies, slander, and libel about me and other elected conservatives.  He is a sack of garbage, a liar, a misogynist,  a racist, and he is not anyone who is trustworthy in any sense of the word" I explained to her.  "I'm astonished you even take the paper locally--it is so bad, they LIE so OFTEN and so many I know have cancelled their subscriptions!" I stated.  Then I asked her how, if I was such an horrible dishonest politician as Marlette insinuates falsely--"how in the world could I not have been ever accused of doing anything unethical, illegal, or immoral in the last 16 years as an elected official where my entire life exists under a microscope for everyone to examine?"

We talked for a while, and I asked her if she has seen the toxic garbage lies this same individual, racist liberal activist and conservative Christian-hater ---Andy Marlette---  puts out about our Governor, Ron DeSantis, and our Senator(s) Marco Rubio and Rick Scott.  "Yes, I have" she conceded.  "And yet you still support those elected officials though?"  At which point she expressed support for these men while also volunteering the fact that she is/was a Democrat that "votes for the person, not the party, and at the last election I voted straight Republican."  

Then I asked a rhetorical.  "So, you support those Republicans, and do not believe what the PNJ says about them---but the Republican Commissioners---you believe what the cartoonist says about us?

Then we talked at length about the FRS, the 401(a) the differences and the costs for both plans.  I went through the plans in meticulous detail, including the fact that these plans have been in existance in the county for 25 years, the commissioners did not "invent" these plans, and I have not voted for these plans.

We talked about all the employees and elected officials who have expensive pensions, the employees who retire with 100% of their pay for life, and also the exorbitant costs associated with the pension plan for constitutional officers like, for instance, clerk of the court Pam Childers--who's FRS pension costs to the taxpayer are nearly DOUBLE every year (nearly $80K) what the county commissioner's plans

What Could Possibly Go Wrong with This Plan?? Marlette Manipulation 33

 

Andy Marlette's cartoon in this morning's PNJ attempts to draw parallels between Republican leadership in Florida and locally with the acceptance of anarchy and lawlessness in Blue cities like Seattle and Portland.  To do this, he pictures the Pensacola I-110 under the bridge homeless encampment and tent city.  Of course, his equivocation on this misses the mark like most of his cartoons do consistently.  Cities like Seattle that allowed entire chunks of downtown areas to be occupied by lawless criminals had nothing at all to do with homeless individuals desperately clinging to existence in Pensacola Florida.  Out west, it was all about ideology and certain quasi-political groups like Antifa flexing their muscle, showing what they could and would do in cities run by like-minded politicians in places like Portland and Seattle.

The homeless encampment in Pensacola under the I-110 bridge, by contrast, is not a political statement being orchestrated by partisan activists---and that's the huge difference between what is happening here and what happens in Seattle and Portland.

Insidiously--Andy conflates the two issues even as he knows they are different.

The issue under the bridge in Pensacola is about folks who are truly down on their luck and are homeless and desperate.  Sure--there is dysfunctional behavior and some criminal activity taking place in the encampment.  Yes, much of it has not been discussed publicly for political expediency as the city desperately tries to make the problem disappear by dispersing it out to the county---which is a disastrous plan nobody supports and for which nobody has even bothered to properly plan for.

But the Seattle "CHAZ" debacle is nothing like what's happening in Pensacola, and Andy knows it.

Nope-- this issue is about the city attempting to move a stubborn eyesore problem out of their viewshed.  And meanwhile--noone has reached out to the county to obtain permits or permission.  The city hasn't attempted to explain this plan to county residents in Bellview who ABSOLUTELY do not want this homeless camp in their neighborhood.

They are just planning on doing it--which I will not support and which I will actively oppose.

So the picture, above, is much more apropos than what Andy presented.  He's making a political attack out of the desperation of the homeless whereas my rendition, above, is a humorous jab at the folks who are naive and believe they can just move this camp next to an existing neighborhood and such a move will not have devastating consequences on the area surrounding such an encampment.

Remember--they are not telling the truth about the dysfunctional activities going on right now around the current site under the I-110.  They don't want you to know about the problems assiciated with this tent city.  This way, they can pat you on the head, tell you everything is alright, and mollify you into accepting this campsite in your neighborhood.  See the way this works?

Unfortunately I see right through them and their plan.  Others do, too.

Fight the Power! Part I: How Do You Fight a Goliath?

When attacked unfairly over and over---It becomes time to fight back!  How about starting out by depriving the attacker of about $100K yearly in revenue?  It's like Matt Damon's seminal question in Good Will Hunting..."Do you like Apples?.....How about them apples?!"

No, this post isn't about the Public Enemy song.  (It's more about this Kid Rock Song!, but not really)

It's actually about something far more important; it's about fighting against something that many locally perceive as a "Public Enemy."  Our only local daily print newspaper, the Pensacola News Journal.

Hypocritical, biased, and unprofessional.  Many have cancelled subscriptions, which is good, but that doesn't solve the problem.

The PNJ are hypocrites.  They allow an employee to remain---no they PROMOTE the employee----- who uses disgusting racial and misogynistic tropes---including the "N-Word"  in his cartoons.  Disgusting and unacceptable in 2021 that this goes on unabashed.  Others get cancelled, this guy gets a Gannett promotion and a syndicated cartoon!?!  See--it's all about the money for these folks.  More on that later in this post...

Is this sort of garbage acceptable in 2021?

The PNJ endorses the cartoonist's behavior and they simultaneously, incessantly bash others and report half-truths and incomplete information.  

Is this sort of garbage acceptable in 2021?

They selectively disallow certain folks and elected officials(like me lately) from submitting letters or viewpoints to clarify positions and correct the misreporting.  It's all about message control.

They do the bidding of powerful, local business intersts and allies and carry the water of these selected individuals by tailoring "news" pieces to the whims and desires of these folks--and then--insidiously--- they write editorials that are scathing and based on the very source articles that are inaccurate and present half-truths to demonize those opposed---particularly elected officials.  Kind of a nifty little trick they employ, right?  Nifty if you are not the victim of it.

But what's the PNJ's objective?  It appears that the objective is to marginalize the voices with whom they disagreee, and to "amplify" the topics of their selected patrons to a level that does not represent the community's level of interest.

A vote goes the way they don't want it?---they demonize those who made the vote until it is rescinded.

Want a change in the makeup of a board?--they jump on the bandwagon to oppose those they dislike--with unfair, inaccurate characterizations and hatchet job cartoons.

Can't control the vision and initiatives of a duly elected body?--amplify small numbers of voices that want governance models altered.  

Because now It's no longer about reporting the what, when, and where,-----the facts.  

No.  Now its more about shaping the message and social engineering.  

And more to the point---it's really, at the end of the day, all about three things:  Power, Control, and MONEY.

Gannett and PNJ purposely promote their cartoonist--the guy who uses the N-Word in his cartoons-- because he generates MONEY for their paper.  It's all about the money.  As if this isn't bad enough--they then do dozens and dozens of cartoons insinuating elected officials (with whom they disagree) are racists!  Talk about PROJECTION!  

We have African American employees in our organization---including an African American member of the Board.  We have a significant population of African Americans in our community.  It's disgusting, disappointing, and unacceptable that this form of racism is tolerated.  That's about to end.  I'm not going to tolerate it, I'm going on offense.

Andy Marlette of Gannett's PNJ says you can trust him:    ---he'd NEVER use the N-Word in a cartoon!  Who are you going to believe?  Him, or your own lyin' eyes?

So how do you deprive a GOLIATH in the community of what they love and covet above all else, MONEY--when they hold a MONOPOLY on the daily print media in a community? 

Easy:  Go after what they covet, money.

Escambia County spends as much as $100,000.00 yearly purchasing "Legal Ads" and notices, required by law, in the Pensacola News Journal.

As of the end of last month---we are cutting off this gravy-train income source the PNJ has enjoyed

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!

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.  

On WCOA's Real News with Rick Outzen Yesterday Morning--Discussing Racist, N-Word using Andy Marlette among other Topics....

In 2021 in America--How is  wealthy, white, and privileged Andy Marlette able to use the disgusting racial slur the "N-Word" in his cartoons--how is that acceptable?

..........And the reason I was asked to be on the show was to discuss Monday's hatchet piece in the PNJ that was a complete character assassination attempt on me--followed up by a ridiculous, dishonest smear-job cartoon on Wednesday in the PNJ.  At one point, Rick even asked an open question of me--signalling he had never witnessed in 20 years covering local politics such a concerted attempt at discrediting a public official by multiple sources--including internal staffers in the county.  It was a surprising, thought-provoking question which I answered with specific reasons/explanations.  

The conversation was a good one  lots of topics--to include the former HR director's weak, feeble, and unsuccessful attempt at "blaming" me for her (and others) ineptitude in handling the Matt Selover case which led to a $200,000 settlement by the insurance company representing the BCC.  

Interesting conversation and back and forth between Outzen and I.

You can listen to it here

Final Legal Analysis Listed Potential Selover Award Damages at More Than $800K

The County saved potentially $600K or more (according to attorneys working the case on behalf of the County's insurance carrier) due to our settlement with wronged first responder Matt Selover.  PNJ did not report that; instead, their article on the front page of this morning's paper essentially blames everything about this case on Jeff Bergosh......

Unlike the dishonest, feckless partisan fake news PNJ, their writer Jim Little and their rancid trash heap article in print on the front page of today's paper---I will link the documentation I have that illustrates the totality of the problems with the County's defense of the Paramedic Matt Selover's Lawsuit the county settled for just under $200K last month.

Fake news PNJ cherry pick a 35 page document from January of this year to find a couple of paragraphs they believe to be unflattering to yours truly, and they make a story of that only and exclusively.  

And, they conveniently do not link their source docuement--a 35 page memo from the Lydecker-Diaz law firm delineating all the multiple problems with the defense and urging a settlement in the case to reduce financial exposure to their real client---not the BCC---the insurance company that ultimately paid the settlement.

PNJ didn't show the document, but I did.  

And PNJ's subsequent post on their facebook page was panned by readers unanimously and universally---including by Matt Selover himself, you know, the first responder at the center of the matter.  He went in and made some very apropos comments correcting the PNJ's flawed narrative on their own facebook page.

But setting that wreckage aside--there was a follow-on memo from the same firm sent over to the BCC's deputy county attorney Charlie Peppler in early May---and that memo apparently didn't get leaked to the PNJ as the previous one did.  I wonder why?  (I know why, and so will those who read it!)

Actually--none of the board members knew about it so far as I can tell--which is problematic as we should have been given it ahead of our last shade meeting in early June.  It might have influenced decisionmaking.  But it was withheld from the board, we did what we did, and it is all over now.

But that memo, linked here, did describe our potential liablility as potentially exceeding $800K--and again urged a settlement for a myriad of good reasons---the same ones and more from their first memo---yet none of these valid reasons made it into the fake news PNJ article.  Nope.  Just "Jeff Bergosh's fault"  (I wonder why?).  No, I don't wonder why, I know why. PNJ are biased, weak, lazy, owned by the powerful, and fake to their rotten core.  That's why.

From the memo the PNJ didn't show you:

"individuals at the County thought restricting his [Selover's] privileges may be discipline and trigger due process. This prompted John Dosh (Dosh), former Interim Public Safety Director, and Matthew Coughlin, former Interim County Administrator) to seek a legal opinion regarding Dr. Edler’s authority to demote Selover. As such, Deputy County Attorney Charles Peppler, drafted same and concluded that Dr. Edler lacked the authority to demote Selover.  Critically, this is a weakness in our case as our defense is that the actions taken by the County do not amount to a disciplinary action." 

"Should a jury find that the County is liable, but believe Plaintiff’s expert’s economic loss findings, we estimate Plaintiff’s recoverable damages in a range between $788,162.00-$820,162, not taking into account attorney fees."  

"Overall, we have concerns regarding the atmosphere at the County at the time of Selover’s complaint, the turnover occurring with the administration and having things fall through the cracks, the differences in opinions evidenced in emails, and the County failing to follow their harassment policy.  For example, the County failed to follow their harassment policy timeline, but did not let Selover appeal again despite the County taking six months to issue their opinion on Selover’s complaint. Moreover, at the time Selover’s privileges were restricted, there was a disagreement over whether restricting Plaintiff’s clinical privileges or any paramedic’s clinical privileges was considered “discipline” thereby triggering due process. We have two county attorney’s opinions stating that it was discipline."

 "Critically, she [former HR Director Jana Still] testified that after rendering the final opinion, Selover asked to appeal, but since the complaint was a harassment complaint, and subject to the unlawful harassment policy only, it only provided for 5 days to appeal—which Selover and Dr. Edler had at the

"Diversity" at the PNJ?

This email (above)  was sent, unsolicited, to members of the BOCC Friday evening.  It mirrors the sentiment(s) I have heard from many area constituents.  I wonder if Gannett and Gate House Media realize that this is how their local affiliate, the Pensacola News Journal, is percieved by the community they serve?  Or the larger more ominous question is obvious:  If it is profitable---do they even care?

 

Late Friday evening, the members of the Escambia Board of County Commissioners received the email above.  It was ironic as I read it the following afternoon as I had heard earlier from another dissatisfied PNJ reader while I was playing tennis in Milton Saturday morning.  The individual on the court expressed a lot of the same frustrations that the email above describes.  I can't help but wonder if the PNJ (and more importantly their corporate handlers at Gannett and Gatehouse, realize this is how they are percevied by many in this conservative community?)

My conversation with this area resident, a retired military veteran, started on an unrelated topic.

"Hey Jeff, how are you doing?"  to which I replied "I'm doing great, we are getting a lot done and making a lot of progress on a number of projects for citizens--although you'd never know that looking at the PNJ and their coverage of us."  At this, he walked over toward my court and said, dryly, "We all know, a lot of us stopped taking that paper because of that---they just don't tell the truth and they don't represent this community!"  I thought that was interesting to hear----especially  given Friday's unsolicited email from someone else which essentially echoed this sentiment.

I've actually heard that from a lot of citizens and constituents that pay attention to things locally.

And so I also see in this email from Friday evening (above) that this person actually sent it to the PNJ--as well as to the members of the BOCC.  It will probably NOT be printed, though.  Like several of my submissions that PNJ wouldn't print.  Or like Judge Tom Dannheisser's very timely article on Fatherless Families leading to more incarcerations locally.  That truthful op-ed by a local Circuit Court Judge last May was printed by Rick Outzen on his blog, but it was never printed in the PNJ--even though it was sent to them.  The message didn't apparently suit their narrative, I suppose.

At one point, the viewpoints and LTE's were handled at the PNJ by a gentleman named Carl Wernicke.  Now, he and I did not agree on a whole lot, but he always printed my submissions.  In fact, he once told me "Our unspoken rule on the editorial board is that we print all LTE submissions that do not violate our guidelines."

Looks like PNJ has definitely moved away from that policy.  

The shift seems like the pivot a lot of the mainstream media has made over the last decade and a half;  facts are unimportant, slanted coverage and political agenda's are the order of the day--particularly secular progressive pieces grounded in preposterous, outlandish, and destructive social justice constructs that actually "promote" racism toward asians and caucasians.  Sickening.

And meanwhile, outlier small local publications like the PNJ continue to make money and survive.  With white, privileged liberal cartoonist Andy Marlette  using the "N-word" with no remorse(he

PNJ Article Twists Facts into a Knot and Mixes in Lots of Innuendo, Lies, and Hearsay....Disgusting

When a newspaper's content is dictated by advertisers and special interests and the resultant output is deliberately built on lies, hearsay, innuendo, and deception----there is a problem.   And truth, integrity, and honesty---along with readers--become  the casualties...

In what will be an upcoming Sunday morning hit-job by the PNJ cartoonist--once again important facts are left out, lies are told, truth is obfuscated, and good reputations are purposely impugned.   Some legitimate reporting by a PNJ columnist is contorted, taken out of context, and then jammed into this rant ostensibly to add a level of legitimacy, and to fit a defective narrative in order  to inflict damage on County Attorney Alison Rogers and multiple members of the Escambia Board of County Commissioners.

It is astonishing to me that they get away with it.  I'll do my part and call a liar what he is, a liar.  Andy Marlette is a dishonest liar. 

Interesting these Andy Marlette types proclaim to support free speech--they even put a blurb in their paper, an excerpt of the First Amendment.  Heck---Andy Marlette even uses the "N" Word in  his cartoons with no pushback by anyone to illustrate his ability as a white privileged man to say and do what he wants, whenever he wants, with no ramifications whatsoever.  Crickets....from NAACP and media.   No, wait,  Marlette not only uses the N-word in his cartoon and gives the finger to anyone who would criticize that despicable word choice---He actually gets rewarded with syndication $ for his dumb and non-humorous comic strip. Others get cancelled.  I guess If you're nothing bt a liberal tool that nobody knows about, cares about, or thinks is funny, I guess you are immune from cancellation.  

How about that?

Yet folks like Andy Marlette  hate when they, themselves, are called to task for the putrid tripe they put

Marlette Malfunction Junction: How PNJ Hatchet Piece Backfires on PNJ--on their own Facebook Site!!

Yesterday's inept, ham-fisted, and ineffectual attempt at an attack on me on the "PNJ-Facebook Page" backfired on PNJ--resulting in dozens of negative comments directed toward Dandy Marlette and the PNJ...It was GOLDEN

Wow, just when I think the PNJ and their "crack" 2-person editorial board can't get any worse, any more inept, and any more clumsy--- they uncork an out-of-touch, ill-timed, and perplexing attack on me again.  But in it, they take swipes at multiple others in addition to yours truly.  When it went online yesterday, several folks reached out to me--saying "we thought the meeting today was great, you all compromised--so why this, and why now?"

That's what I thought too, but whatever.

So it gets even better... 

Apparently around lunchtime yesterday, PNJ put this Andy Marlette garbage "editorial" slamming me, Florida West, Economic Development, Scott Luth, the City Council, Matt Gaetz, and all citizens that disagree with them---- on their own PNJ facebook page.  With MY picture under a caption slamming our Congressman Matt Gaetz.  They even threw in a hashtag #FreeBrittany.  The final piece in PNJ's self-inflicted gunshot wound to the head was when they locked the article for "Subscribers Only."  So folks couldn't read the article to figure out the context.  It was confusing, it was jumbled, and it was haphazard (not unlike the majority of their editorials).

Naturally, it exploded spectacularly like Elon Musk's recent Starship launch pad mishap.

And then the negative comments against PNJ and Andy from Facebook posters began piling on top of PNJ's Facebook page...here's a sample of comments from the vicious beatdown Dandy and the PNJ are sustaining-----on their own site, LOL!

---Lol, no way I am paying to subscribe for those "opinions!" 

----This dude is just an opinion writer and apparently his opinions aren’t worth much as PNJ bleeds subscribers.--

----Pnj is possibly from a California city.. At least it seems--

"----This opinion column is exclusive for subscribers." — Thank god for that...

-----PNJ wouldn’t even make decent toilet paper

----I wasn't aware that Pensacola was in dire danger. But our Republic *is*, from the Commiecrats that he is opposing and that the PNJ is shilling for

----No thank you. Not interested in Marlett’s opinions.

----Marlette needs to stop doing drugs that aren’t legal in this state. Crack is bad for you and the community.

----Garbage “opinion”

----Why pay to read opinions. That is what that "newspaper"has become. Just opinions. Everyone has them. When you go back to facts maybe we will once again pay for your "newspaper"

----This rage is a POS!

----Start with FACTS you hacks

----Does anyone pay for this paper anymore?

Wow--what a beatdown!