Friday, July 26, 2013

Pitts Slip Lease Expired? Hayward to "Negotiate" with Merrills?

Below are the documents surrounding the leases for the Pitts Slip Marina.  The documents include:

This is a hot mess.  Here's why.

  1. There are several parcels.
  2. Each has an independent fair market value and possible use.
  3. Each has different renewal clauses.
  4. Each has different renewal lease terms.
  5. None have to be tied together.
  6. The lease renewal clause on the restaurant building indicates a possible 5 year renewal if conditions are met. 
  7. It provides for an appraised rental value to be determined for renewal that should have been done in the last year of the lease term.
  8. I do not believe an appraisal has been done and the lease has expired.
  9. The original lease envisioned a restaurant paying percentage rent.  I don't believe the Fish House or Atlas currently pays percentage rent as discussed in the lease.
Does anyone see any potential issues with Hayward and the Merrill's negotiating something. For instance one Merrill is the Mayor's appointee to the DIB.

Maybe an RFP for the best deal for the City would be the best for the citizens. 

This lease negotiation should be handled by someone with a bit of independence.

Wednesday, July 24, 2013

Come to Pensacola Intergalactic Spaceport...Home of 2 Men and A Truck

Mayor Hayward likes to tout Pensacola "International" Airport as an economic engine.

He is trying to lure ST Aerospace to build an Airbus maintenance facility at our airport.  Hmmm...jet engine overhaul and maintenance.  What possibly could happen there? 

Don't worry!  If something goes wrong, we can count on 2 Men and a Truck!

He is proud of Southwest switching the paint jobs on the planes it is sending to Pensacola this fall.  If a Southwest jet had a landing gear collapse like last week in New York what possibly could happen?

Don't worry! If something goes wrong, we can count on 2 Men and a Truck!

The Navy shuts down a lot of flight operations at NAS Whiting and NAS Pensacola on weekends.  They send those planes to our airport to continue weekend training. Hmmm.. Student pilots doing touch and gos. What possibly could happen there?

Don't worry! If something goes wrong, we can count on 2 Men and a Truck!

Skywarrior is a defense contractor that trains students for the Navy before they ever get to day one of flight training.  They teach them the basics at Pensacola Intergalactic Spaceport in small Cessnas. Pre-Student pilots doing touch and gos. What possibly could happen there?

Don't worry! If something goes wrong, we can count on 2 Men and a Truck!

Heliworks is a certified Bell helicopter repair station. Hmmm...broken helicopter engine overhaul and maintenance.  What possibly could happen there?

Don't worry! If something goes wrong, we can count on 2 Men and a Truck!

This past weekend the airport had one of the largest cargo planes in the world make a delivery to Pensacola.  The Airport Director stated  "It isn’t every day that you have an opportunity to see an aircraft of thissize and stature,” said airport director, Greg Donovan. “This demonstrates our abilities and provesthat our airfield is capable of handling the largest of aircraft”.

Bring the largest cargo plane in the world to Pensacola.

Don't worry! If something goes wrong, we can count on 2 Men and a Truck!


Antonov-A-124

I realize that the actual proposed staffing is 2 sets of 2 Men and a Truck.  But if you are trying to bring aerospace jobs to our area, do you really cut safety when all of the operations you currently host at the airport are not on the lower end of risk assessments?

None of the above even discuss the perceived safety of the traveling public.

Don't worry! If something goes wrong, we can count on 2 Men and a Truck!













Pensacola Airport Will Not Be Homeland Security Compliant Under Hayward Plan

Airport Director Donovan asked Council to allow the airport to downsize its fire/rescue protection to the "minimum required by the FAA for an airport our size". Minimum required?  Really?

The issue arises that by doing this the airport will not be in compliance with the NIMS (National Incident Management System) according to the Fire Union letter at the link below.

ARFF-Staffing

On February 28, 2003, the President issued Homeland Security Presidential Directive 5 (HSPD–5), “Management of Domestic Incidents,” which directed the Secretary of Homeland Security to develop and administer a National Incident Management System (NIMS). This system provides a consistent nationwide template to enable federal, state, tribal and local governments, nongovernmental organizations (NGOs) and the private sector to work together to prevent, protect against, respond to, recover from and mitigate the effects of incidents, regardless of cause, size, location or complexity. This consistency provides the foundation for utilization of NIMS for all incidents, ranging from daily occurrences to incidents requiring a coordinated federal response.


HSPD–5 requires all federal departments and agencies to adopt NIMS and to use it in their individual incident management programs and activities, as well as in support of all actions taken to assist state, tribal and local governments. The directive requires federal departments and agencies to make adoption of NIMS by state, tribal and local organizations a condition for federal preparedness assistance (through grants, contracts and other activities). NIMS recognizes the role that NGOs and the private sector have in preparedness and activities to prevent, protect against, respond to, recover from and mitigate the effects of incidents.

So will the City adopting the "minimum required" really be penny wise and pound foolish if we are trying to GROW our airport?
http://www.fema.gov/implementation-and-compliance-guidance-stakeholders




Tuesday, July 23, 2013

Larkin tells Asmar He has No Standing

The City through its attorney has told Eric Stevenson and John Asmar to go away regarding Mr. Asmar's alleged harassment of a city staffer.

Attorney Robert Larkin makes the following statements in his letter below:
  • The employee is the "alleged victim" not Mr. Asmar.
  • Asmar's continued agitation perpetuates the allegations against Mr. Asmar.
  • The City will not be responding to any further correspondence from Stevenson and Asmar on this matter.
Larkin Letter Re Asmar

Are the Proposed Changes at the Airport Safe? Firefighters Say NO!

Airport Fire Service

Monday, July 22, 2013

State of the City?

Mayoral spokeman Derek Cosson told Outzen that the Mayor would give a State of the City Address.

Hayward has historically done it just before the budget rolled out.

Mr. Mayor, budget workshops start today at 9am!   Crickets!!!

From Ricks Blog

Rick,

A member of the media has advised me that you have published on your blog a report that the mayor will not be delivering a State of the City address this year. As the mayor will in fact be doing so, your report is untrue and we would ask that you promptly correct your error. I’m not sure why you would publish such a statement without a simple call or email inquiring as to its accuracy.

DC

Post Published: 19 June 2013
Author: Rick Outzen


I'm Confused??

Hayward closes General Pension.  State of Florida rejects rate assumptions.  Costs either Citizens or employees more to make up the difference.

Hayward closes Police Pension. State of Florida rejects rate assumptions. Costs either Citizens or employees more to make up the difference.

Fire refuses to close Pension.  State accepts rates. Hayward puts in budget he wants to close it anyway.  

Fire Pension Good to Go!

Friday, July 19, 2013

Updated: Asmar Letter to Council

Letter to Council

For those curious, here is the post they object to.

http://pensacolad3.blogspot.com/2013/03/this-is-shameful_7.html

Here is the State Attorney Report

http://ricksblog.biz/wp-content/uploads/2013/07/City-of-Pensacola-Report.pdf

On Sunday, March 3, 2013 a city employee sent an e-mail to the City’s human resources department raising employment issues. The following day a copy of this email was sent to both Bill Reynolds and Jim Messer. The City treated this e-mail as a discrimination complaint and viewed it as either exempt or confidential. On March 5, 2013, Bill Reynolds gave a copy of this document together with a copy of his response to Maren DeWeese while at World of Beer. These documents were not provided pursuant to any public records request and were not solicited by Ms. DeWeese.  The documents provided to Ms. DeWeese were in an envelope and unredacted in any way.

Ms. DeWeese later published a redacted version of these documents on her blog. Section 119.071(2)(g)1.a., Florida Statutes, provides that all complaints regarding employment discrimination are exempt from the public records law until such time as a probable cause determination is made, the investigation of the complaints becomes inactive, or the complaint becomes part of the official record of any hearing or court
proceeding. Section 119.071(2)(g)2., goes on to state that where the alleged victim chooses not to file a complaint and request that records of the complaint remain confidential, all records relating to the allegation of discrimination are both confidential and exempt from the public records law. In this case, the complainant made such a request on March 7, 2013, two days after the release of the complaint.

Based upon our review, we have determined that the release of the discrimination complaint does not rise to the level of a criminal violation. All criminal statutes are to be strictly construed in favor of the defendant. In applying that standard, we have determined that at the time the document was released it was exempt and not confidential. Therefore, the release of the complaint, while under the circumstances as described inappropriate, does not constitute a crime.
________

My reading is that Mr. Stevenson is claiming my possession is illegal.

My reading is that Mr. Marcille says its not.

Hmmmm




Thursday, July 18, 2013

Who is the Common Denominator?

Interim CAO Castille is a Director of the Leroy Collins Institute.

The LeRoy Collins Institute is a nonpartisan, statewide policy organization which studies and promotes creative solutions to key private and public issues facing the people of Florida and the nation. The Institute, located in Tallahassee at Florida State University, is affiliated with and works in collaboration with the State University System of Florida.

http://collinsinstitute.fsu.edu/content/colleen-castille

The Institute did a research paper on municipal pensions in Florida.

http://collinsinstitute.fsu.edu/sites/collinsinstitute.fsu.edu/files/TaxWatch-LCIMuniPensionsFINAL.pdf

The report is an interesting read (really) and is kind of a road map as to how Pensacola got where it is today.

It examines four main issues often cited as causes for local pension underfunding: Mismanagement of the pension fund, chapter 175 & 185, “gaming” of the benefit calculation such as spiking, and the inability for localities to change contracts with unions prior to their expiration.

Of particular note is the mismanagement note which states:

Mismanagement of local pension funds can occur through, among other things:

a) “pension holidays;” b) financial firms investing assets in a way that brings a minimal return on investment; and c) incorrect analysis in actuarial assessments.

“Pension holidays” are occasions when a city did not contribute to the pension plan. This was especially evident during times when investments were gaining a large rate of return and thus municipalities thought they did not need to contribute to the pension fund.

The report adds:
While it is difficult to know if the actuarial assessment of a pension fund is on target, miscalculation of expected returns and demographic trends of the system could lead to significant consequences relating to the level of funding.

Sound familiar Dick?

Colleen meet Dick.

Dick is the City CFO.
Dick is the Police pension administrator.
Dick is the General pension administrator.
Dick is the Fire pension administrator.

Dick has some issues with the State on his plans assumptions.

Colleen can you explain to Dick the meaning of Conflict of Interest.  Ask him who he serves - the Plan's or the City.





Monday, July 15, 2013

Where do we go from here Dick?

Houston, we have a problem. 

It looks as if the Police pension and the General pension assumed rates of return submitted to the State of Florida have been rejected by the State.

Nope to General

Nope to Police?

Plan Administrator Barker needs to have a come to Jesus meeting with CFO Barker regarding what to do with the plans.  Does he act in the best interest of the Plans or in the best interest of the City?

What I love more than anything is the email below.

"I'm not sure where to go from here Dick."

Where do we go Dick?

Who does Barker represent?  The City or the Pensions?

Why Investigate?

Simple.  To find out what the Mayor did or didn't know.

  • When did the Mayor know that John Asmar was having a relationship with a admin assistant?
  • Did he object at any time to the relationship even as Asmar had authority over the person?
  • When did the Mayor know Reynold's passed me the alleged harassment claim against John Asmar?
  • Did the Mayor know that Cosson and Reynolds were withholding the logo from Diane?
  • How much was this investigation driven by the InWeekly?
  • Was the Mayor surprised by the allegations against Cosson and Reynolds or did he actually go the the SAO the week before to lobby against the charges being brought?
Inquiring minds want to know.  The Citizens deserve an answer.

Friday, July 12, 2013

Answer to Question on Seventh Floor Furniture

What information do you have on LOST money being spent for fancy furniture and a glass wall on the 7th Floor of City Hall? Can they use those funds that way? We're told that we need to start "tightening our belts" and they're blowing what little we have on cool chairs??


__________

Answer:  Councilman Bare has discussed it on his blog.  The furniture was purchased.

http://advancepensacola.com/my-agenda-items-investigations-and-a-policy-change/

It is on the Agenda Conference Agenda for Monday also.

http://www.cityofpensacola.com/meetings/city-council-agenda-conference/1446

Click on the Agenda to open.

Another case of there is money for whatever the Mayor wants.

Thursday, July 11, 2013

To answer a question posted by a reader

Just curious. Castille's former firm, the Fiorentino Group, remains the lobbying company for the City of Pensacola. Castille was with that group in 2011 and 2012. Do you know what Fiorentino lobbied for in Tallahassee on behalf of Pensacola from 2011-present?


Working-for-the-City



And the Envelope Please

And the winner is:

Envelope-of-Doom

FYI

For the new 1,000 or so daily visitors, thanks for your interest.

I received a note last night regarding my post of the new CAO's lobbying client's and information and asked why I posted it.

I try to provide Citizens with all types of information they will not find in the media  This is posted in 2 ways:
  1. Without comment.  Just the data is posted.
  2. With comment.  This is usually documents that I either want to explain or need to be poked at.
Our new CAO is coming to this project from Tallahassee.  I hope she sees this administration for what it is and has become.  Any help she can offer is more than welcome and will be greatly appreciated.

Remember the purpose of my blog is stated right on page one.

This blog is a place to share ideas and create discussion on issues that affect us all in the City of Pensacola. I look forward to bringing you useful and timely information. Please email me or post a comment to this blog when you have something to share.
 
All the best,
Maren

Wednesday, July 10, 2013

What the Interim CAO's Clients paid her in Jan-Mar 2013

Colleen M. Castille

3209 Adwood Dr
TALLAHASSEE, FLORIDA US 32312
(850) 386-5508

Principal Information Compensation


Sun Glow Pier 1 Logan Sq 130 N 18th St
PHILADELPHIA, PENNSYLVANIA US 19103-6998
(215) 569-5373
$0.00

Terra Cotta Realty (Florida), Inc 3703 S Route 31
CRYSTAL LAKE, ILLINOIS US 60012-1412
(815) 459-2400
$50,000.00

White Sand Group, LLC 2073 Summit Lake Dr Ste 155
TALLAHASSEE, FLORIDA US 32317
(850) 219-8216
$1.00 to $9,999.00

William Guerrero 60 West 23 St Ste 1035
NEW YORK, NEW YORK US 10010
(917) 692-9358
$10,000.00 to $19,999.00

Interim CAO's Lobbyist Clients

Castille, Colleen M. ........................................ 850/386-5508

3209 Adwood Dr, Tallahassee, FL 32312

Lobbying Firm(s):

Colleen M. Castille
3209 Adwood Dr, Tallahassee, FL 32312
Phone: 850/386-5508

Principal(s):

Sun Glow Pier
1 Logan Sq 130 N 18th St, Philadelphia, PA 19103-6998
Industry Code: 7221
Effective: 01/17/2013

Terra Cotta Realty (Florida), Inc
3703 S Route 31, Crystal Lake, IL 60012
Industry Code: 531210
Effective: 02/18/2013

White Sand Group, LLC
2073 Summit Lake Dr Ste 155, Tallahassee, FL 32317
Industry Code: 237210
Effective: 01/17/2013

William Guerrero
60 W 23 St Ste 1035, New York, NY 10010
Industry Code: 531390
Effective: 01/17/2013

Scrubs R Out

It looks like Mayor Hayward was voted off the island by his business partners in Redfish Harbor.  In April 2013, the Company filed for reinstatement with the State of Florida and listed Ashton J Hayward III as a manager.

April-2013

On May 28, 2013, an amended annual report for Redfish Harbor was filed.  It deleted Ashton J Hayward III as a manager.

Scrubs-R-Out

A few questions:
  • Is the mayor out completely or just not a manager?
  • Did he get released from the $4+ million in debt?
  • What did he receive to give up his shares?
How about a little transparency?

Tuesday, July 9, 2013

The Asmar Outzen "Relationship"

Rob Williams on 1620 this morning discussed Rick Outzen's crusading for John Asmar.  He asked why Outzen was so vocal in Asmar's defense.  The answer is evident in the links below.  Asmar clearly was a conduit for Outzen to influence the Mayor and obtain inside information as to the inner workings of the City.

The links below are to previous posts detailing how Asmar would inform Outzen of confidential city business and get Outzen input on every detail including the cover of the 2013 budget.

This continued funnel of information was the subject of an ethics complaint I made to the Mayor regarding Asmar's funneling to Outzen.  The Mayor responded that all disclosures were with his knowledge and approval.

I wonder if that was in fact the case?

http://pensacolad3.blogspot.com/2012/06/outzenasmar-ties-deeper-than-imagined.html

http://pensacolad3.blogspot.com/2012/06/port-policy-rollout.html

http://pensacolad3.blogspot.com/2012/06/outzen-before-hayward.html

http://pensacolad3.blogspot.com/2012/06/outzen-barks-orders-is-asmar-on-his.html

http://pensacolad3.blogspot.com/2012/06/mack-application-must-be-forwarded-to.html

http://pensacolad3.blogspot.com/2012/06/asmar-forwards-privileged-info-to.html

http://pensacolad3.blogspot.com/2012/06/outzen-weighs-in-on-budget-cover.html

http://pensacolad3.blogspot.com/2012/06/summary-of-asmar-issues.html

Monday, July 8, 2013

Is he serious? Pay no attention to the man behind the curtain.

-----Original Message-----
From: Eric D. Stevenson <eric@davidleesellers.com>
To: rlarkin <rlarkin@anblaw.com>
Cc: charles <charles@charlesbare.com>; meganprattd9 <meganprattd9@gmail.com>; sfmada <sfmada@aol.com>; drpcwu <drpcwu@gmail.com>; rotarypcwu <rotarypcwu@gmail.com>; gcwingate <gcwingate@cox.net>; pcwu <pcwu@cityofpensacola.com>; smyers <smyers@cityofpensacola.com>; aterhaar <aterhaar@cityofpensacola.com>; ljohnson <ljohnson@cityofpensacola.com>; gwingate <gwingate@cityofpensacola.com>; bspencer <bspencer@cityofpensacola.com>; jcannada-wynn <jcannada-wynn@cityofpensacola.com>; mpratt <mpratt@cityofpensacola.com>; cbare <cbare@cityofpensacola.com>
Sent: Sun, Jul 7, 2013 8:08 pm
Subject: Response to Pensacola News Journal Editorial
Dear Mr. Larkin:
As previously agreed, my client, John Asmar, has been patiently waiting to hear from Mayor Hayward with the expectation that the Mayor and John would jointly and mutually respond to the latest developments within City Hall. However, in response to the PNJ's editorial and due to the Mayor's failure to publicly address the matter and issue a statement exonerating John from any alleged wrongdoing, I am compelled to write this email with copies to the Mayor and the City Council.
First, allow me to point out that John resigned from city service in good standing. He has not violated or been found to be in violation of any Florida law, City Ordinance and/or policy governing his role as Chief of Staff. That cannot be said with regard to other Mayoral staff.
Second, John regrets that this matter has blown to these proportions, but he has repeatedly asked that the Mayor deal with the unlawful actions of the Mayor's City Administrator, William "Bill" H. Reynolds (Reynolds) and the Mayor's Press Secretary, Derek Cosson (Cosson). The Mayor's lack of action has made this issue more serious than it should have been and hurt several people, including John's family.
As John has previously advised the Mayor and you, Reynolds created a fraudulent memo that falsely accused John of harassing an employee. Reynolds never told John about the memo. Reynolds did not turn it over to Human Resources to investigate, and instead conspired with Cosson to leak the fraudulent memo to the public and the media.
Despite John's numerous requests for the Mayor to investigate both the memo and Reynolds, the Mayor did nothing. When an employee provided a signed affidavit disputing the contents of the memo, the Mayor transferred her as punishment.
When Reynolds' original memo did not sufficiently hurt John, Reynolds then conspired with others to coerce an employee to file a formal complaint. Within hours, Reynolds delivered it to the Mayor's political opponent. This complaint was never investigated and later withdrawn. The Mayor and you have told John and me on different occasions that the complaint had no merit. Yet it remains on the internet.
Third, the Mayor reneged on his commitment to hire John as a consultant without a change of payment terms, the Mayor's staff withheld public records that proved John's innocence, and the Mayor and his staff interfered with John's ability to rebuild John's law practice. The Mayor and his staff harassed and defamed John despite repeatedly telling John that the Mayor knew that Reynolds' memo misrepresented the facts.
When the local media discovered that Cosson had created fake identities to attack Council members and John on various blogs, forums and websites, the Mayor allowed Reynolds, Cosson and Tamara Fountain to blame John for Cosson's actions, even though the Mayor knew that it was not true.
According to my client's contract, the City of Pensacola owes my client $10,000.00 for my client's last month of service. The Mayor has not only refused to honor my client's contract, but has repeatedly tried to use that payment as a bargaining chip to keep John from speaking out about the misdeeds at City Hall.
While John has tried to clear his name, the Mayor's City staff has destroyed public records and videos that would have helped John's cause. Documents have been altered and unlawful redactions made to others records.
Last, as the City Council and citizens learn more of the facts over the next few days and weeks, they will see that John worked hard and was successful in implementing the City's new form of government while upholding the City Charter, the City's Code of Ordinances, especially those codes governing ethics and the City's policies and procedures.
The Mayor and his staff have painted John a villain, and the Mayor and his staff repeatedly have attacked John publicly and privately. In my opinion, these actions were taken for the "protection" of the perpetrators in question, for their own personal benefit and professional status, and to disparage the characters of any in opposition including John. Their actions also damaged the characters of other innocent employees involved in this matter.
Based upon the foregoing and with the intent to clear John's name, I have recommended to John to file formal ethics complaints against Reynolds, Cosson and possibly Tamara Fountain in the coming weeks. I am also exploring other legal remedies that John may wish to pursue.
Should the City Council choose to investigate Reynolds' actions; the leaking of exempt and confidential documents; Cosson's anonymous attacks on Council members and John; and the Mayor's/City's handling and lack of response to John's requests and complaints in accordance with City policies and state laws, I have recommended to John to cooperate fully.
Rest assured, John has every intention of clearing his name. The truth will be told.
Sincerely,
Eric D. Stevenson
Sellers, Skievaski & Stevenson, LLP
919 N. 12th Avenue
Pensacola, FL 32501
(850) 444-0000
www.pensacolatriallawyer.com

Outzen Vendetta Against Cosson Jumps the Gun

Rick Outzen's vendetta against Press Secretary Derek Cosson showed his complete lack of journalistic integrity by posting that Cosson had been terminated by the Mayor for his role in the alleged sunshine law violations charged by the State Attorney's office.

Cosson-Terminated

Outzen also posts on his own blog that the mayor's decision to terminate Asmar could not be accurate because the dates don't line up.  The problem is the State attorney's office got the dates wrong in their report.  The letter from Jim Messer to Reynolds and the HR Director was on February 5, 2013, weeks prior to Asmar's termination.

February 5, 2013 Messer Email

Derek, I would demand a written public apology from Rick Outzen.

Request for Public Records

---------- Forwarded message ----------

From: Maren DeWeese
Date: Sat, Jul 6, 2013 at 7:44 AM
Subject: Re: Issues Regarding City of Pensacola Investigation
To: Jasmar@asmarlawfirm.com, Eric@davidleesellers.com
Cc: Gmarcille@sa01.org

Thank you for copying me on your email.

Pursuant to Florida public records law ( Statute 119) I would like to make a public records request for any and all documents, emails, text messages, videos or other communications mentioned in Mr. Asmars statements regarding Mayor Hayward and his administration as quoted by the Indepentant News in this weeks publication.

I would also like to point out that this request is in addition to the numerous public records requests that are still , to date, unfilled by Mr. asmar. I would like to inspect these documents at your earliest convenience and determine at that time what documents require duplication.

I look forward to your timely response.

Respectfully,

Maren DeWeese

On Friday, July 5, 2013, Greg Marcille wrote:

> You as well as your client, John Asmar, are authorized to release any information regarding the City of Pensacola that you believe to be appropriate. At this time, we have concluded our investigation and are proceeding against both Derek Cosson and Bill Reynolds for non-criminal violations of the Florida Public Records Law.

>

> Gregory A. Marcille

> Chief Assistant State Attorney

> 850-595-4761



Sunday, July 7, 2013

The Facts No One Bothered to Ask For


Here are the facts that no one has bothered to ask:
·        I had heard from people in City Hall of Asmar’s sexual exploits for months.  People were uncomfortable with what was going on.  I posted nothing. I had no facts.
·        I only post items supported by facts and supporting documents.
·        On March 5, 2013, I met my husband and another member of my family at World of Beers to celebrate my birthday around 6pm.
·        We go to World of Beers because they carry a bier from the town where we lived in Germany.
·        It is not available in stores and it is yummy.
·        Bill Reynolds was there also.  He was not with us.  I said hello and he gave me a hug.  We exchanged pleasantries and I continued my birthday celebration.
·        No tears were shed.
·        No meeting was planned.
·        No drop off was arranged.
·        Two people met by chance in a business. Period.
·        As he was leaving, Reynolds stopped by my table and placed an envelope on it and said “Happy Birthday”.  He left.
·        No one at the table touched the envelope until we were ready to leave a few minutes later around 7pm.
·        As we were leaving, I picked up the envelope.  It had no return address and was addressed to Outzen.
·        In the envelope were the documents I posted on my blog.
·        It included a document written by the alleged victim outlining the alleged actions by Asmar that were appalling including throwing condoms on the alleged victims desk.
·        It included a document written by Reynolds detailing his knowledge and involvement in the matter.
·        The document alludes to the fact that Hayward was removing Asmar for the alleged actions.
·        It included an email from the City Attorney a month earlier informing Reynolds and the HR director that the information should be considered confidential. Messer outlines his 20 year relationship with Asmar and states he will no longer be involved.
·        The next day, I received the same documents I had been given by Reynolds from a friend who had received the documents from someone using the email address TruthatCityHall.
·        I shared this fact with the State Attorney when interviewed but no investigation of that leak appears to have either taken place or been included in the SAO report.  Just the notation of Reynolds and me.
·        I went to the trouble of redacting the document of all references to the employee’s name or other items which would indicate whom it might be.
·        I sent the documents I received to the PNJ, the City Council and other members of the press.
·        The PNJ did nothing with the information and never reported on Asmar’s alleged actions. 

Friday, July 5, 2013

Asmar Claims Crimes were Committed

In the Asmar Weekly article alleging a conspiracy to oust him, the Mayor's former Chief of Staff's below noted quotes stuck out to me:

“I have documents, emails, text messages and video tapes that document a pattern of unlawful behavior in the Office of the Mayor and show a total disregard for Florida law, the city charter and city policies,” he said.

“I am prepared to release all documents to media upon completion of the state attorney’s investigation and when he grants me permission to do so.”

Excuse me! 

When Gene Valentino made similar statements about the Jail, he found himself under oath answering just exactly he knew and who told him.

When the Mayor's former right hand man makes the statement...crickets!  Really??

  • Is the Chief of Police going to ask the State Attorney to subpoena Asmar to come clean under oath?
  • Is the Chief of Police going to ask FDLE to step in to investigate since its his boss?
  • Is Aunt Ginny and the PNJ going to let the man they touted with a fluff piece and a viewpoint say the Mayor of Pensacola has broken Florida law, the Charter and Policy and not even ask any questions?
  • Aren't the documents, emails, text messages and video tapes public documents subject to sunshine?
  • Is the Pensacola City Council going to call for an investigation?
  • Isn't Asmar indicting himself as he was the instrument of that policy for the first 2 years of the administration?
  • What...is he going to claim whistleblower status as an innocent pawn of the Mayor?
Only in Pensacola can the Mayor's enforcer get let go for alleged harassment, claim he has details and evidence of crimes, is ready to spill the beans and the City Council and local press yawn and ignore it for the boy king.

Can you imagine if Rahm Emmanuel had left the White House and turned around and made a statement in the New York Times that he knew of violations of law, violations of the constitution and violations of government policy by the Obama administration? 

I'm sure the press would spend more time covering seabirds nesting on the beach and thousands of ducks run at Riverfest.

Unbelievable...even for here.



Wednesday, July 3, 2013

11:23 AM on Wednesday and the InWeekly was Available Online. Questions that Need to be Asked

http://issuu.com/inpublisher/docs/july42013issue

FACTS:
  • The InWeekly is a weekly paper.
  • The State Attorney did not issue their report until Tuesday July 2 in the afternoon.
  • The InWeekly posted by 11:23 am on Wednesday has a cartoon regarding Hayward, Cosson, and Reynolds.
  • The InWeekly posted by 11:23 am contains the article posted by Outzen this morning.
  • The article knew the charges, that they were non-criminal and all of the details of the SAO report.
Questions that should be answered:
  • When was the InWeekly's July 4 edition sent to the printer?
  • Did the issue go to print before the SAO letter was isssued and charges filed?
  • If it went to the printer before the charges were filed did the SAO office inform Outzen the detail needed to include which charges would be filed?
  • Were all press informed of the charges at the same time as the InWeekly or was preference given?
  • How much did the InWeekly drive the investigation by the SAO?
  • Was there an SAO leak?

Will the SAO practice selective prosecution of Sunshine Law?

On June 7, 2013, I sent the letter below to Greg Marcille, Asst. State Attorney, regarding John Asmar's failure to comply with Florida's Sunshine Law relating to emails concerning City business to or from his personal account jasmar@asmarlawfirm.com.

I provided copies of the public records requests unfulfilled.

I reminded Mr. Marcille of his statements in a previous report regarding the responsibilities to maintain private email account emails that are public records.

I pointed out that a separate similar complaint against Asmar has been filed by another Citizen.

To date, Mr. Marcille has done nothing to prosecute Mr. Asmar while charging Bill Reynolds and Derek Cosson with violations of the Sunshine Law for failing to provide information in response to a public records request.

I guess the Asmar Weekly isn't pressing prosecution with the SAO of Mr. Asmar's failure to comply with Sunshine Laws?

I await the SA's response to my and another Citizens complaint regarding Mr. Asmar's apparent violation of the Sunshine Law.

June-7-Letter to Marcille

Tuesday, July 2, 2013

Oops...PNJ gets caught being a Marketing Solution for the Mayor's Office

When alleged harasser John Asmar was claiming he was leaving the City to "return to my private legal practice"  the PNJ published a fluff piece on all that was accomplished in his tenure. 

http://www.pnj.com/article/20130222/NEWS01/130222011/John%20Asmar%20resigns%20as%20Pensacola%20mayor's%20chief%20of%20staff

Aunt Ginny and the crack Editorial Board even printed an Asmar viewpoint stating "I have expressed to Pensacola Mayor Ashton Hayward my desire to return to my private legal practice."

https://www.citizen-times.com/article/DP/20130223/OPINION/302230011/Viewpoint-Pensacola-accomplished-much-two-years

If they had dug a little into what the real cause of the departure was, they may have learned that it was due to Asmar's alleged inappropriate actions.

The emails between Reynolds, the HR director, and the City Attorney clearly show the "investigation" dated back to February 4 and 5, 2013, two weeks before the PNJ fluff job for Asmar's triumphant departure.

Those at the PNJ made aware of the Asmar allegations included:

  • Aunt Ginny Graybiel
  • Kevin Doyle
  • Dick Schneider
  • Tom Ninestine
  • Nate Monroe
The PNJ wants employment issue discussions related to Jim Hizer and the Chamber to be open to the Sunshine but negative information about the Mayor and his staff gets swept away.

Nothing was ever investigated or reported.

Now it comes out. 

Outzen Vendetta Against Cosson Continues...

Asmar Weekly Publisher Rick Outzen is out to get anything he can on the Mayor's press secretary Derek Cosson.

I understand that recently Outzen made a public records request asking for:

emails or memos to or from city council, the Mayor or Asmar for the period January 1, 2011 to August 31, 2011 that contain the words Derek or Cosson in the message or the subject line or to or from Cosson

Wonder if I will be called in to review any such emails in the harvest from my old account. I will be requesting a copy of what the public records request results are and will post any relevant or interesting items here.

Rick's vendetta against the Mayor's office for bouncing his buddy Asmar seems a little.....odd


For those looking for Asmar Alleged Harassment documents

Look in the March 2013 posts.