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

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?

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

PNJ Shenanigans with the Truth Paint me in a False Light Deliberately

PNJ is always engaging in their machinations against those with whom they disagree, or with whom they dislike.  Or with whom their advertisers and patrons dislike.

As they have done in the past to me, they are once again painting me in a false light with actual malice.

How so?

After a recent meeting, there was hearsay that the PNJ ran with intimating some commissioners had said things that were offensive about our clerk of the court Pam Childers.  It was not true, and I categorically denied it at the time.  It blew over when the clerk herself brushed it aside and deflected when asked who said what and who heard what.  It was over.

But in their rush to publish that salacious, inaccurate article built on hearsay--they (PNJ) put my picture on the caption in the headline online---even though I was not one of the commissioners even accused of saying anything in the first place.  When called about the accusations---I was the only commissioner who even took the time to take the PNJ's call and give an on the record comment.

And then they did this to me.....  See screenshots of my conversation with Lisa Nellesen Savage below.

She tried to explain and to fix the issue--but this is at least the second time they've done this to me.

Coincidence?  

I don't think so, I don't believe in them.  Not with the PNJ.

How Newspapers Fail Miserably and Consistently---Nationally and Locally....

How the PNJ's Story read
once the misleading headline
and my picture was
"clicked" by readers

I hate to sound critical--but sometimes it is warranted.  As I watched President Trump sound off on the media this morning on an interview with Sharyl Attkisson--- it really resonated with me.  He is right to call them out--they have been unfair to him in many ways.  He called them corrupt and dishonest--and in many cases and instances--- they are.  In stories they cover and more importantly in stories they don't cover or how they are covered.  They play favorites and do so blatantly.  I believe he's right and I have seen it locally as well.  So although I don't like to be critical--sometimes it is warranted--so here goes.

At a lunch I attended Friday afternoon with two advertising executives, a discussion of media honesty and integrity began----- even before we talked about the real reason for the meeting which was an altogether different topic....

"I cannot believe they did that to you--I'm pissed off!" stated one attendee.  "I'm thinking about pulling my advertising with them!"  The other reaction I got from another attendee was somewhat more measured---but equally illuminating.  "They did this on purpose--no doubt."

I knew immediately what they were talking about.  "How did you all know?"  I asked.  "We are getting calls about it from people that are calling B.S. on it--plus we saw it" was the joint response from the gentlemen sitting at my table.

I knew what happened and tried to get it fixed as quickly as I could earlier that morning--but obviously it didn't get fixed quickly enough.  "If they saw it online---how many others did as well?" I thought out loud...

WHAT HAPPENED:

How the Hard Copy
 in print story eventually appeared
 on Saturday Morning

At Thursday's regular BCC meeting--I revealed that I had received indisputable, factual information that pointed to a damaging release of confidential documents by one member of the board who I did not name. I had blogged about it the day before--and that post received numerous hits and comments.  I requested the board authorize an investigation into this breach by our newly-created Ethics and Compliance division.  This request received immediate support from the chairman and at least one other Board member-- and so County Administrator Janice Gilley stated she would begin the investigation.

HOW THE PENSACOLA NEWS JOURNAL  PRESENTED THIS

At around 6:00AM Friday, this story was online at the Pensacola News Journal's site covering this request for an ethics investigation.  It was accompanied by my picture--which with the corresponding headline "Bergosh says another commissioner leaked confidential documents; seeks ethics investigation"  was fine.  No problem, so far, so good.

How PNJ Portrayed the story
online for hours and hours
on Friday morning and
into the afternoon ....

How PNJ kept the headline
and switched the picture
 Friday afternoon ....

About fifteen minutes later, though, this story got knocked from the main portion of the electronic site over to the side column--at which point my picture was left but the tag line was changed to "Commissioner allegedly leaked confidential legal documents"  The obvious insinuation/implication for a reader glancing through the site would be that I, Jeff Bergosh, leaked the document.  It was portraying me in a false light, and it was neither accurate nor fair.

HOW I ATTEMPTED TO GET IT FIXED

Horrified-- I called the PNJ Editor Lisa Savage immediately and explained what was going on and why it needed to get fixed.  To her credit, she acknowledged it was problematic and said she would get if fixed. "Thanks for letting me know.  Maggie is changing it right now to a different picture" stated Savage.  I suggested "How about something fair like "Bergosh requests investigation over Leaked Documents" to which I did not receive a reply.  I assumed it was being corrected-- but hours later, I realized it had not been completely fixed....At 10:30 I saw that on the sidebar of the PNJ under "more stories" it still had my picture and the headline "Commissioner allegedly leaked confidential legal documents"  Once again I contacted executive editor Savage, at 10:34 AM and told her it still was not corrected....."Yes, [Maggie] is working on fixing that" was the editor's reply this time.  How long should that fix have taken though?!?

WHAT FINALLY HAPPENED?

After my luncheon ended, I once again checked the PNJ site and they had by that time left the headline in place "Commissioner allegedly leaked confidential legal documents" but had finally pulled down my picture and replaced it with an Escambia County logo (Which I had actually suggested Lisa Savage do on our phone call from earlier in the morning when I first tried to get this corrected).

But how many people saw the misleading headline that was up for hours, how many readers were left with the inaccurate impression (due to the false light in which I was portrayed by the PNJ) that I leaked classified documents?  I am in a hotly-contested primary election with votes beginning to be cast within 60 days---so this sort of portrayal is damaging.  Why did it happen, though?  Why did it take hours to fix once it was brought to PNJ's attention?

More than one person I have spoken with believe it was on purpose.  One in particular had a terse response:

"Come on Jeff--if they wanted to fix it they could have gone into their program and fixed it immediately and easily.."

See the pictures and the screenshots for yourself, on the right.