Friday, February 24, 2017

More on Hayward's Personal Liability

It is clear from ongoing case law that the City will need separate counsel from Hayward.
Hayward could always hire Bobby K.

See this wrongful termination case ongoing in Maui:

"His wrongful termination and defamation lawsuit seeks unspecified “general, special, consequential, compensatory, double, treble, exemplary and/or punitive damages”; pre- and post-judgment interest; and attorneys’ fees and costs.

It is the federal discrimination claims that made the federal court in Honolulu a more appropriate place to file the lawsuit, his attorneys said.

The named defendants are Maui County and Arakawa, as mayor and personally. The county had no comment on Watson’s ruling, saying that it covered Arakawa’s role in his personal — not his official capacity.  Arakawa’s personal attorney, former Attorney General David Louie, had no comment on the ruling Tuesday."


Dang...“general, special, consequential, compensatory, double, treble, exemplary and/or punitive damages”; pre- and post-judgment interest; and attorneys’ fees and costs."

Mayor Hayward better start looking for the change in that couch.

Mayors New Theme Song - Crapped Out Again

Flat broke and busted, it just don't seem fair
The Man in Heaven, don't hear my prayer
And these dice are loaded, and I still can't win
Flat broke and busted, crapped out again

Maybe tomorrow, I'll see the light
And I'll know the difference, tween wrong and right
My ship is out there, but it can't come in
Flat broke and busted, crapped out again

And now I'm hangin on tight, to the end of my rope
Somebody call me a preacher, yeah, let's call the Pope
Just the flip of a coin, the turn of a card
I'll be back up on top, damn, I'll be livin' large

My ship is out there, but it can't come in
Flat broke and busted, all crapped out, crapped out again

Thursday, February 23, 2017



How is it not a conflict of interest for Ashton Hayward who is now PERSONALLY being sued for his alleged violations of Matt Schmitt's civil rights to be able to make any statement to the City Council or act on behalf of the City in any way regarding any potential settlements with the Plaintiff?

If he settles it without Council permission like he did the Reynolds case, is he not using City funds to settle a personal potential liability?  Conflict of Interest?

If he recommends Council settle the case, isn't that also self serving and a conflict?

If he lobbies or discusses the matter with Council is he not lobbying in a matter that might inure to his special benefit?

Since the City is now a separate defendant from Ashton J. Hayward III, individual, and he is individually a defendant shouldn't the City retain separate counsel from the Mayor?

And shouldn't all communications between their separate counsel and them be done in the shade, away from Hayward?

Is it not very possible that the City could chose to settle the matter separate from any potential liability the Mayor has individually?

Is it not conceivable that the best interest of the City would be to settle with the Chiefs but let the case against Ashton J. Hayward III, individual, continue to trial where his personal assets are at stake?

This case is the very DEFINITION of Conflict of Interest.

This makes my brain hurt.

Wednesday, February 22, 2017

Hayward In His Individual Capacity

First Here...Came Down Today

ORDER - The defendants'  Partial Motion to Dismiss is DENIED, to the extent that it seeks dismissal of the claim against Mayor Hayward in his individual capacity. Per the Stipulation of the parties, Olson and Sisson are hereby DISMISSED from this action, and the claim against Mayor Hayward in his official capacity is also DISMISSED. This action shall continue against the City, and against the mayor in his individual capacity. Signed by SENIOR JUDGE ROGER VINSON on 2/22/2017. ERIC OLSON and EDWARD SISSON terminated. (djb) (Entered: 02/22/2017)

What does this mean?
  • He could lose his personal assets
  • He is responsible for his own attorney fees
  • No longer in office means NOTHING...He stays
  • Who wants to be partners with him with this hanging over him...PERSONALLY?

Why Is The Port of Pensacola Failing So Badly?

Amy Miller!  Period.

Amy Miller, in all likelihood, will be the last port director in the 450 years of ports in Pensacola. Let's recap her successes.

  • She came in with much fanfare about being one of the few female Port Directors.  Whoo hoo what does that get you in the Global Port Marketplace...Nothing!
  • She is a big proponent of..."If you have it, they will come."
  • She essentially quit marketing for cargo to come through the port thinking the offshore industry would be her meal ticket. 
  • She doubled down on the offshore industry jumping in blindly to the Deepflex fiasco.
  • She made the Deepflex debacle worse due to her lack of experience in project management.
  • She kept betting on the come by letting her only customer stack up accounts receivable due to a lack of other customers
  • According to the Port Quarterly financials presented by Dick Barker, she is the reason the Port Grant with OIM is screwed up, encouraging them to pay for items out of their own money in violation of the grant requirements.  Now the grant is all jacked up, FDOT is not happy and she is begging Tricky Dick for help.
  • She has let the Port's traffic diminish so much that the Port has to pay a Port Pilot to do nothing because every port must have a pilot IN CASE a ship was coming to the dock.  A Pensacola rarity unless it gives tours to tourists.
  • She sits idly by waiting to retire and pass the torch of port closure to Clark Merritt whose only experience prior to Port Development was real estate and Navy aircraft maintenance.
Just to show you the lack of confidence Ashton Hayward has in the Port as a current operation, just look at the current year budget.

Council was presented with an initial budget for 2016-2017 of $82,500 to market the port.

The Ports budget for marketing was cut in the final budget to $32,310.

Lets put this in context, the Mayor of the City of Pensacola pays more monthly and annually for his official photographer, Laura Bogan, than he does to market 50 acres of the most prime industrial property in Northwest Florida.

Amy Miller, the first port director in 450 years to make others start thinking Dr. Elebash may be right after all.

Tuesday, February 21, 2017

Port Business? Who's paying the Bill?

The Port of Pensacola declares in what has recently been rare news that an actual ship is coming to the Port.

The website shows that Eagle Stavanger, a HUGE tanker, is coming in for repairs from February 20 to March 3.

A few questions that you might ask:

  • It's the 21st of February and no ship.  Where is it?  Well as of 09:41:07 this AM it was anchored outside the Pensacola Pass.
  • Bigger question, is this an Offshore Inland project?  If so, GREAT!
  • Biggest question, has CFO Tricky Dick Barker realized that you can't kill your golden goose when you only have ONE goose? (Offshore Inland)
You see Barker has Offshore Inland in a financial pickle.  The following is from the December Quarterly Report to Council.

All Port lease payments have been paid and are current. The lease payments due from Offshore
Inland Marine are current. However, dockage and other vessel fees, which Offshore Inland recovers from its customers then remits to the Port, continue to be slower to pay. At the end of the fourth quarter this account had an outstanding balance of $665,422.33.

As previously reported to Council, the Port received a $2 million FDOT economic development grant
for construction of a heavy-lift overhead crane facility to support Offshore Inland’s operations. Currently, grant reimbursement of certain project-related expenses incurred by Offshore Inland is in question. To assist Offshore Inland with their cash flow while this issue is being resolved, Port – with the Chief Financial Officer’s consent – is allowing Offshore Inland to hold open up to $363,000 in receivables which represents an amount approximately equal to the amount which Offshore Inland is claiming to be “out of pocket” on the crane facility work. 

In light of Offshore Inland’s inability to maintain their account balance within those parameters, they have been advised that dockage and vessel fees on all future vessels must either be paid in advance of the vessel’s departure or they will be billed directly to the vessel. Once the grant reimbursement issue is resolved, Offshore Inland’s outstanding receivables balance will be addressed further.

  • The ship's captain better have a Black AMEX card, or
  • Offshore Inland may have some cash to pay before it leaves or
  • Tricky Dick is making deals that Council has not been informed of and contrary to his communications to them.
We shall see!

Thursday, February 16, 2017

A Little Thursday Fraud Waste and Abuse...Courtesy of the City

On February 13, 2017 most of us were looking for a little something for our Valentine.

Mayor Hayward likes to send out a few little Valentines himself.  But his Valentine's cost US, the Citizens, money.

Have you ever been to the Aviation Discovery Park?  It's between Pensacola Aviation and the Air Ambulance buildings on the back side of the airport.

It was a project of some great Citizens that was almost totally privately funded and then turned over to the City to be neglected like many of the 92 other parks in Pensacola.

At the park are plaques of the donors and of significant aviation figures in Pensacola.

Well evidently there is a problem with the plaques and they need to be removed and relocated.


The Hayward Administration has asked the City's outside engineer to:

"Provide the City of Pensacola (CP) with plaque layout planning services for Aviation Discovery Park.  The plans shall identify existing plaques to be removed and relocated on site,  Two alternative layouts will be prepared, and a method for installing the plaques in their new locations will be detailed."

For engineering the plaques, the City external engineer will receive a HAYWARD VALENTINE of $2,650.

Folks we are at a point where our City staff spends thousands of dollars of our money on Plaque Layout.


Friday, February 10, 2017

Opinion: Hayward a Gentleman in Public...Julius...Not so Much!

I have been a tad bit critical of Ashton Hayward. No...its true!

Yet no matter how much I am probably not his favorite Citizen and am not on his Christmas card list, every time I see him in public he is polite, cordial and, frankly, a gentleman.

I respect that about him. Although we don't agree on much, when we are in the same space we can act like adults.

Julius...not so much!  The new banty rooster is an elitist, self centered jerk.  It's all about him 24-7 365.

Last weekend I went grocery shopping and was somewhere between the fruits and the vegetables. Who did I come across?  Julius!  Face to face!  As he stared me down, I did what any normal adult would do in a grocery store with someone they had known for 10 years.

I said...wait for it..."Hello"

Julius immediately cuts into me about he's not in the mood, family issues, blah blah blah.

All I said was HELLO!

Now I recognize that I times pointed out the many shortcomings of Julius.  The insider deals, the power plays, the votes for friends, the control of any process he can control.

But, man, I must be in his melon big time when Hello leads to the reaction I got in the grocery store.

Poor form Julius!

Ashton...Thank you!  I appreciate it.