On 1370 WCOA's Real News with Rick Outzen Later this Morning....

I've been asked to be the leadoff guest on the area's best, most accurate, trusted and listened-to morning drive news program "Real News with Rick Outzen" at 7:00 AM.

This morning we will discuss the breaking news on the investigation into the inappropriate, potentially unlawful downloading of confidential, privileged, personal text messages from the county's server and the subsequent unlawful, inappropriate dissemination of this confidential, personal, private information to others by former commissioner Doug Underhill's then secretary.

In addition to this, we will discuss the Perdido Key roundabout, OLF 8 and other issues of interest from last week.

Listen live at 7:00 or catch the podcast here once Rick publishes it.

What is a Public Record and What Is Not?

Some people don't understand what the Florida Public Record Law defines as a public record.

It's understandable for the lay person to have a partial, incomplete understanding--because there is a lot to it.

But some that should know what a public record is apparently do not.

I have a very firm understanding of public records requirements as an 18 year public official who has been subject to this law for 18 years.  So what precisely is and what is not a public record?

Personal, private, and confidential information shared between a sitting commissioner and his family, his children, his lawyer, and other individuals unassociated with the county via text messages on his privately-owned and paid for cell phone (or even on a county-owned device) are not releasable public records.  Period.  They are private.

Business related text messages unrelated to county matters are similarly NOT public records.

Legitimate public records can be contained on a commissioner's private cell phone and or on his county-owned cell phone, and thus the impetus to preserve these should they be the focus of a public records request of a commissioner or any public official.

Because a commissioner uses his personal cell phone for personal, private business, and county business purposes in order not to have to carry around three cell phones does not automatically make everything contained on a cell phone a releasable public record.

Similarly--a commissioner's private home computer in his home might contain public records related to county business.  However--everything else on that private device is not a public record.  If someone hacks an individual's personal home computer and disseminates all such records, slipping such data on a thumb-drive under someone's door, from said home computer to someone who works for the county---the entire content of such an inappropriately obtained file is not suddenly a public record.

So, if  a cell phone, used for all three purposes and one that does, indeed, contain a small percentage of public records within it suddenly has technical issues--it is entirely appropriate to seek resolution from county IT personnel to preserve the small number of public records contained therein.

If a batch file of such records from a commissioner's cell phone, preserved at such a commissioner's express request on one copy only, is stolen or otherwise downloaded and without authorization disseminated and released unredacted--replete with social security numbers, medical information, attorney-client privileged conversations, etc.----such reckless, irresponsible conduct by any public employee might actually be a crime.

When such an event occurs--it is natural it would be investigated.  What else might have been stolen, illegally downloaded, and unlawfully possessed, maintained, manipulated or disseminated?

That's the million dollar question.

Florida Attorney General Ashley Moody attends Sheriff's Foundation Coffee Kickoff in D1

I had the opportunity to attend a kickoff event for the Escambia County Sheriff's Foundation yesterday afternoon as they launched their latest flavored coffee blend  "High Noon."  The proceeds from the sale of this and other flavored coffees benefits the Sheriff's Foundation.   The event was held at Coach & Four Steakhouse in District 1 off of Pine Forest Road.

I had the opportunity to taste this coffee, produced by local firm De Luna Coffee company, and I must say it was delicious.  I left the event with a bag of it and a mug and this will be my morning coffee for the next several weeks!

The event was well attended also featured special guest Ashley Moody, Florida's Attorney General, who had been in town earlier in the day with the grim news that our area leads the state, per capita, in opioid overdose deaths.  State Representative Michelle Salzman was also on hand for the event.

Good coffee and good company benefitting a good cause!

We Demand Your Internet Search Histories: from Every Device You Own!

 They want it all--every item "searched-for" from every computer or device we own.  In addition to thousands and thousands of documents from the county based upon hundreds of search terms that will require a superhuman (and expensive) effort to find, produce, analyze, and redact.

Yes, these are the demands being made of multiple commissioners in the wake of a lawsuit filed 175 miles away from Pensacola by the medical examiner against two area funeral home directors.

And now commissioners are getting dragged into this spat like dolphins caught in a longline tuna fishing hunt.

And they are requesting the search histories from four commissioners from every computer and electronic device we own.  What??

How would one even capture such data?  I have no idea.  But more importantly--these sorts of things are not public records and more importantly are not germaine to this fight.  I would venture a guess that production of such personal items would require a search warrant and probable cause that an actual, serious crime was committed before such broad brush, invasive, Orweillian type of demands would ever be countenanced.  I mean, this is the sort of thing FBI gets from google to investigate suspects arrested on suspician of serial killings, like that weirdo in New York --Rex Heuermann.

I mean--as crazy as our country and some litigation is getting today in some cases-----and it is chilling------this request is just way too broad and onerous.  

Yes, yes.  I know some are upset that letters were sent and published describing hideous things happening to bodies and these letter writers' personal/professional opinions on supposed mistreatment of these bodies.  I get that.  I read the letters.  But these letters were sent and so far as I understand it many of the allegations were true which prompted some reforms in some processes at the ME office.  That's a good outcome, right????

But no.  Now we are attempting to do a scorched-earth, take no prisoners, gigantic gill-net fishing expedition because somebody got her feelings hurt.  Garbage.

Thankfully  the county produced a four-pager yesterday to request the judge to quash this nonsensical, ridiculous, outrageous "demand" by the Medical Examiner's lawyer.  Read it, below.

Roundabout Study Update--Initial Findings by August 18th--Full Report Mid-September

I received an update from our county traffic division recently about the progress on our study on the constructed roundabout in Perdido Key in District one that many believe is the cause of snarled traffic.

I have recently learned the state specifically recommended against a roundabout at this intersection (Johnson's Beach Road and Perdido Key Drive) in a study they published in September of 2018--exactly one year before the county took that road from FDOT in a road swap deal.

Apparently--the state's study wasn't factored into the county's eventual push to plow forward with the roundabout design and funding in 2019, 2020, and 2021.  Once I assumed control of the district in early 2022--the deal was signed, sealed, and funded with former Commissioner Underhill's discretionary monies and I was told the "People wanted it"

And it has been a headache producing nightmare ever since.

So we are going to get an expert opinion on what is needed at that intersection and we will implement that solution.  That's what happens next.

Meanwhile, we have an update on the progress of the current study:

"We heard from the consultant yesterday.  They have counted the last two consecutive Saturdays and have done quick reviews for both days with more in depth reviews upcoming.  On the first Saturday, it was not super clear where the backups were originating from. It was more clear on this past Saturday that the roundabout is likely the issue, but still not as definitive as expected.  They expect their report to be wrapped up by August 18^th.  I’ll need some time after to look over it and formulate a game plan going forward..I heard you may be looking at a Town Hall in that area at some point soon.  Not sure what dates you might have in mind but we will have a good handle on the situation by mid-September. "

 

Is the "We Are Perdido" Web Page Censoring Comments, Hiding Citizen Feedback, and Blocking Dissent?

I had a very good conversation with Steve Brendtro of "We are Perdido" last week on my Coffee with the Commissioner event Wednesday. (Starting at 19:29 of this video)

I had a lot of folks watch and comment and I tried my best to be neutral while at the same time asking Devil's Advocate type questions.

My official position:  I am neutral on this Perdido City Incorporation initiative, because although it is in my district-- I believe the citizens have the right to make this decision without my thumb on the scale.  And as I said during my coffee meeting--if such an initiative goes through-it actually makes my job easier as many of the headaches and legacy traffic and other issues could be passed along to the new city.  IF the new city wants to take them.

Which brought me to the seminal question of the interview Wednesday:  What particular problem is incorporation looking to solve?  If the new Perdido City will keep the county's existing fire service, schools, sheriff's department, code enforcement, parks, beach access points, code of ordinances and will NOT take over Perdido Key Drive or Innerarity Road along with Bauer Road from the County---then what problem is incorporation solving?

The answer was opaque, byzantine and nebulous at best, feel-good and subjective at worst as I look back on the interview and study the responses carefully.

I think folks would support paying new taxes on their utility bills, new and higher business taxes and fees, and the big Kahuna of it all --two or three new mills on top of the existing property tax bill------if there was going to be new police coverage, new fire services, a new planning department, a new parks department, road and drainage engineering staff, etc.  But I'm hearing none of this is part of the plan.

So if not-- again an important question must be answered which is this---what problem is this solving?

Now, in the wake of the interview, several have facebook messaged me that they are "blocked" from the "We are Perdido" facebook site and some comments are hidden and others are not being allowed to post.

I know, better than most, that social media can be a toxic gutter of trolls,fakes, wannabes, losers and bullies.  That's the arena in which we live today, and you have to have thick skin and a titanium backbone to play in it.  And you have to ignore the garbage spewers and haters.  Most of them have empty lives and are simply attempting projection.

So yes---- you have to strap on your armor and take it -----you can't just censor it----or else people feel they are being misled or deceived which is not good when citizens are being asked to get behind a new and expanded government model which will cost potentially millions of dollars in new taxes and fees on top of the existing tax burdens they carry already.

A former commissioner knows this very well as he is currently in litigation over such conduct while he was in office and he might potentially face huge legal fees as a result--in addition to ethics charges, huge state ethics board fines, and all kinds of horrible press.  

Now, We are Perdido is a private group so they may not necessarily have to be fully transparent on social media like elected officials are supposed to be.  But if they aren't transparent---the optics are bad.

So I went and looked at the We are Perdido Facebook site and indeed it does appear as if several posts indicate multiple comments while only one or two such comments are visible.  This is a problem.

If you want to be neutral and unbiased, you can't engage in viewpoint discrimination by blocking folks, hiding citizen feedback, and stifling dissent.

Very poor form.

Wymart Bridge Project will Improve Traffic and Stormwater Drainage

A huge, $6.5 Million Infrastructure project is underway currently in the Bellview neighborhood in District 1.  This project will improve the Longleaf roadway from Pine Forest Road to Wymart road and will include center medians/turn lanes, sidewalks on the north and south side, improved drainage systems, and a brand new bridge at Wymart which will improve traffic flow and stormwater drainage in the area.

Check out the video, below.