Smooth Baton-Handoff Coming for First Judicial Circuit State Attorney--or Could it Be a Contested Election?

Will the upcoming contest for Florida's first judicial circuit State Attorney be a one-candidate, uncontested baton hand-off--------or will there be more than one viable candidate in this race to make it a real election? 

It appears as if there will be at least one new candidate for State Attorney for the First Judicial Circuit this year come election time on the ballots--as a rumor is circulating that current State Attorney Bill Eddins is retiring and will not seek another term in the 2020 election.

Early word has it that Eddins' hand selected, chosen successor for the office (the individual whom Eddins will endorse) will be current Assistant State Attorney Greg Marcile.

Qualifying for this multi-county office occurs in the Spring, just a few months from now.

Odds appear to be 50-50 that instead of what appears to be a smooth, relay-race style handoff from Eddins to Marcile for this job---there may actually be a contested election.

This would be a first in decades, as I'm told the previous, long-serving (since the 1970's) State Attorney, Curtis Golden, essentially "handed the office off" to the current State Attorney Bill Eddins 16 years ago.

I am always of the belief that electors prefer choices------ and having two very well-qualified persons vying for this job would be a great thing for the voters!

Obviously I don't speak for him, but I know my brother Circuit Judge Gary Bergosh has often expressed a desire to seek the State Attorney Office, when and if the timing was ever right.

He and I have discussed this, privately, over the years and on multiple occasions since 2004 when I moved back to Pensacola from San Diego.  I've been contacted multiple times recently by folks in the profession and out of it that would LOVE it if Gary ran!

He has expressed to me often that if he were ever able to seek and subsequently win such an office--he would be especially focused on investigating and uncovering cases involving public corruption.  This has resonated with me with acutely----as I have seen some terrible issues go by the wayside that I feel deserved a much closer look as it pertained to the ugly spectacle of the Newpoint Schools fiasco.

But If Gary Bergosh chose to do this--to run against Greg Marcile--It would certainly be, financially speaking, the path of maximum resistance for him; as a judge he would have to resign from the

Why an Independent Appeal Process to the BCC Makes Sense Part II: What do Employees Do When there is no Satisfactory Resolution?

There are compelling reasons to consider enacting a stand-alone, independent process for employee appeal of a workplace harassment decision directly to the Board of County Commissioners

At our March Committee of the Whole, the Escambia Board of County Commissioners will discuss a potential stand-alone appeal process for handling employee workplace harassment complaints.

This sort of a process would allow for a direct appeal to the BCC of a "final" ruling by the county administrator.

Some recent issues in one of our departments and the seemingly choppy, sloppy and deficient manner in which workplace harassment complaints have been handled is the impetus for this discussion.

I'm not sure how the discussion in March will go--but I do know what happens if we don't give employees multiple avenues for the appeal for harassment complaints that are not resolved properly:

1.)  Morale suffers throughout the organization
2.)  We hemorrhage staff (resignations and early retirements) as folks become disillusioned
3.)  The workplace becomes more toxic if the issue is not handled fairly
4.)   Employees can/will sue their employer
5.)  Taxpayers spend more money on lawyers than should be necessary

In one case in particular, where a good, long-term employee tried and tried to get a fair resolution to what appears to be his horrific treatment by admin and HR staff for months and months-------#4 is the option that this particular employee has  now chosen --- per this email (below) all commissioners received last night during the meeting.



Sadly, I do not believe it had to come to this---if ONLY our policy had been followed with integrity and fidelity.  But to me it appears our policy was not followed, so here comes another lawsuit.............

Why an Independent Appeal Process to the BCC Makes Sense Part I: What Happened in 2018?

There are compelling reasons to consider enacting a stand-alone, independent process for employee appeal of a workplace harassment decision directly to the Board of County Commissioners

Yesterday morning during the BCC's agenda review--I made the case for the BCC's development of an independent appeal process for employees to utilize if such employees failed to get appropriate resolution to their harassment complaint (s) through our current, existing process.

I brought this for a couple of reasons:

In the spring of 2018, the BCC settled a messy, ugly harassment complaint in Public Safety.  At that point, we enacted a strict and very prescriptive anti-harassment policy with an admonition to staff that it be followed with fidelity to hopefully prevent further issues or at a minimum to allow for the swift action on future complaints.

I did not know it at that time  (I found out subsequently)---but just three short months later, in June/July of 2018----- a series of scathing harassment complaints were filed in the public safety office.  With a brand-spanking new anti-harassment policy on the books from just three months earlier put in place by the BCC---this should have been a great test of the new policy, right?

But it wasn't--it instead turned into the rocket exploding on the launchpad......Something deeply disturbing happened to these  complaints:  They were not followed up on and worked as dictated by the policy. Our policy was not followed, and eventually, these complaints were just swept under the rug.

Within a few short months of these complaints being buried-----something even more sinister and disturbing occurred.  Several of the employees that filed these complaints had very serious allegations leveled against them by an employee of public safety. Ironically (or not, depending upon one's perspective) the supervisor that filed the new, very serious and very onerous state-level complaint against these same employees---was the very supervisor that the initial complaints named as the harasser!  Imagine that,  right??

Subsequent to all that drama--several employees of that department resigned under duress, many quit, and several supervisors left as well.  The Public safety director resigned, as did the HR director and eventually the County Administrator.

To the best of my knowledge--no commissioners were made aware of the initial complaints that were made in the summer of 2018. I just found out about them recently from some current and former employees who gave me information about these complaints that were not worked, the ones where our existing policy was not followed.

Yes, yes------we were all told about the subsequent state investigation, however.

Yes, we got a thorough debrief about that issue. Ooooh yes we did.

But nothing about what glaringly appears to have been the pretext to the state charges, the initial harassment complaints that were ignored and subsequently buried by administration.  Seems fishy to me..........

But What IF??

What if these same employees knew there was a mechanism for an immediate appeal to the BCC for the lack of follow-through on their initial harassment complaints?   Imagine how differently the last 18 months could have been?

We would have looked at it, we would have acted, and/or the administration would have acted--I'm confident of this.  Otherwise---administrative staff in the county would have known that we, the BCC, would possibly get a crack at these complaints out in the open on the dais-------which would be messy.  And they would not want that.

So a stand alone policy like this makes sense in two ways:

1.) an extra layer of protection for employees
2.) an additional inducement for staff to follow existing policy dutifully and with fidelity

More about this in part II.

What is the True Story of What is Going to Happen at the Beulah Fire Station?

Some folks on Facebook had speculated on what is going on with Escambia County's Station 2 in Beulah, and unfortunately their speculation was not on point.  So I corrected the record there, and I am going to do likewise here.

First--the BCC voted more than a year ago to purchase the BVFD property upon which Station 2 sits.

For the last year + we have worked to get all the documentation necessary for the title company to be able to close the sale.  It has been a long process, and it is not yet completed.  It is my understanding that now we are on the cusp of getting this transaction finalized.  First American Title is handling this transaction and beginning this week the County Attorney's Office will be calling daily to check progress.  Daily.

Meanwhile--folks are wondering what the modernization of Station 2 will look like.  Here is what I say to that question and also to the question of who it is that will staff that station.  Again, I want to be clear and I want to be on record as the Commissioner from that district and a 15-year resident of Beulah---from facebook:


"The volunteer firefighters from station 2 have worked very hard with their attorney to help us get the deal closed over the last year. It has been a long and circuitous process. The BCC voted to buy the station over one year ago---and so that part is a done deal--and it has been for quite some time. As is the funding of $2.5 Million to modernize that facility. As of my conversation this past week 
with our County Atttorney--the title company is now officially the pinch-point and I have requested our RE attorney, Steve West, to make DAILY calls until we close the deal. Then we will engage an A&E firm to design what will happen next on that property. It will be modernized, there will be showers and bunks and a proper kitchen and meeting space for the personnel, and most importantly ------ This station will remain a volunteer station, with the Beulah Volunteer Fire Department transitioning from owning the property to being a tenant on what will be our newest county property. But volunteers will continue to run that station. And I will not support ANY moves to bring in paid staff to this facility so long as the volunteers continue to do an excellent job and unless they, the volunteers, request day shift coverage or enhanced coverage utilizing paid fire personnel. I support all firefighters and I have tremendous respect and admiration for volunteer firefighters in particular.  So, that is where this stands."

As it pertains to what the $2.5 Million will do:

"We have a $2.5 million budget. my plan is to engage an A&E firm to tell us what we can do with that utilizing the property and what’s currently on the property and that money in order to have a modernized facility. that’s what it means to me unless we have additional funds—which I’ll be looking for as well"

Perdido Key Public Beach Access #4 Design and Application Going to Development Review This Week

The long and tortured saga of the effort to open a 330' county-owned parcel of  Gulf-Front property on Perdido Key will soon enter a new chapter;  final plans for this property will be submitted for the  County's Development Review  this week.

Nearby residents, condo owners in the area, and some Perdido Key special interests have fought against opening this parcel for various reasons.  And the primary reason is that the status quo of keeping this parcel locked to citizens that don't live nearby allows for the exclusive use of this property by locals that live in the area---while simultaneously keeping the taxpayers who PAID for this property in 2013 from accessing it!!

You can read all about the gnashing of teeth by the special interests that oppose this, and the comfortable status quo these special interests and nearby residents have enjoyed by using our publicly owned beach as their private beach for the last 6 years, here and here.

Beginning last year, however,  the BCC  moved forward with doing the planning  for opening up this beach  access facility for use by all of Escambia County's citizens.  This should have happened years ago;  Better late than never I guess........And yes, you guessed it, there is litigation in the courts from the special interests aimed at derailing the initiative to #OpenOurBeach.  Imagine that?  😏

Once complete and opened, however, this access will be larger than our current three access points, combined!

It will feature ADA accessible mats that allow citizens in wheelchairs to access the beach, it will have 37 parking spaces, it will provide desperately needed west Perdido Key emergency access to the gulf for lifeguards and first responders, and it will have built-in protections for sensitive habitat in the dunes portion and most sandy portions of the parcel.  (Something that up until now has not been provided for)

We now have the  final design drawings relevant portions of which are pictured below:

Highlights and required steps going forward:

• DRC approval--application to be submitted this week.
• Approval of the Management Plan by USFWS, final plan set is required as a part of the Service review process (concurrent with DRC process)
• Engineer’s Probable Cost to Construct – the consultant is developing the estimate now
• Funding source approved by the BCC
• Bid and Construct

This Picture Would Have Been Very Helpful..................Yesterday When FDOT's Press Release Dropped

Apparently, according to a news bulletin put out late yesterday and this article in the PNJ--Westbound access to 9-Mile Road from exit 5 (Beulah) will be closed for construction for up to the next 3 Months.

At least that's what this press release, below, intimates.

If such a plan would have in any way affected travellers heading westbound on I-10 exiting on exit 5 and intending to travel west on 9-Mile Road toward Beulah----such a plan would have been a disaster of epic proportion.

Unfortunately--the late afternoon news release without a map was not clear to many readers.

After emailing the entire world this morning and asking for clarification--I received the below diagram

Illustrating what is actually going to be closed.  If this is what is going to be modified, the impacts will be a lot less severe.   A lot less severe.....

Too bad they didn't add this picture with yesterday's press release.... a lot of folks would not have gone through a lot of stress and anxiety.

Glad to see there will be no diminution of the traffic exiting from I-10 Westbound on to Exit 5 (Heading up the hill to Beulah and NFCU's Campus)

Answers Received....

Late last night I did receive answers to those portions of my initial 7 questions that were not answered regarding what I believe to be the unusual treatment of one employee in particular at EMS over the last 7 months.

Apparently, a member of the HR staff sat down and asked our employee, the medical director, to answer the questions or portions of the questions I had put forward that HR staff could not they, themselves, answer.

I have more questions now, based upon this response, and some of these answers do not square with what others have stated.  I will probably have follow on questions to these answers--but at least they got me these answers.

Here they are....I'll let these answers "speak for themselves......"