Wednesday, April 30, 2014
Damage control is in the works. If the posts about Councilmembers and citizens can be tied to City Hall, it could get real interesting.
Tuesday, April 29, 2014
Courtviewer Records Search
|Case Number||2014 CA 000082||Case Judge||F / SHACKELFORD , JAN|
|Case Type||CONTRACT & INDEBTEDNESS||File Date||01/13/2014|
|Case Action Code||Case Status||OPEN|
|Rcd||Party Type||Name||Race||Gender||D.O.B. / D.O.D.|
|1||Plaintiff||MERRILL LAND LLC A FLORIDA LIABILITY COMPANY, XRef-ID:|
| Attorney: PATTERSON PATRICK MICHAEL |
Attorney: PARTINGTON BRUCE D
|2||Defendant||THE CITY OF PENSACOLA A FLORIDA MUNICIPAL CORPORATION, XRef-ID:|
| Attorney: KERRIGAN ROBERT G |
Attorney: DANIEL JAMES NIXON
|3||Plaintiff||GREAT SOUTHERN RESTAURANT GROUP OF PENSACOLA INC A FLORDA CORPORATION, XRef-ID:|
|4||Plaintiff||SEVILLE HARBOUR INC, XRef-ID:|
|BDEARMAN@CPHLAW.COM, email@example.com, BOB@KERRIGAN.COM; CGRIFFITH@KERRIGAN.COM, firstname.lastname@example.org, JCARRUTH@CPHLAW.COM, email@example.com, firstname.lastname@example.org, RALDRIDGE@KERRIGAN.COM, RSH@ESCLAW.COM|
|Rcd||Date||Description||Document Tag #|
|4||01/13/2014||CASE FILED 01/13/2014 CASE NUMBER 2014 CA 000082|
|5||01/15/2014||JUDGE SHACKELFORD, JAN: ASSIGNED|
|6||01/15/2014||PLAINTIFF'S ATTORNEY: PATTERSON, PATRICK MICHAEL ASSIGNED|
|8||01/15/2014||CIRCUIT CIVIL FILING FEE ASSESSED $400.00|
|9||01/15/2014||ISSUANCE OF SUMMONS ASSESSED $10.00|
|10||01/15/2014||PAYMENT $410.00 RECEIPT #2014004514|
|13||01/16/2014||NOTICE OF APPEARANCE BY BRUCE D PARTINGTON AND EMAIL DESIGNATION||3.000000000000|
|14||01/21/2014||BPARTINGTON@CPHLAW.COM, BDEARMAN@CPHLAW.COM, JCARRUTH@CPHLAW.COM|
|15||02/06/2014||MOTION TO DISMISS||4.000000000000|
|16||02/11/2014||EMAIL DESIGNATION FOR ATTORNEY|
|17||02/12/2014||DEFENDANT'S ATTORNEY: KERRIGAN, ROBERT G ASSIGNED|
|18||02/13/2014||ACCEPTANCE OF SERVICE||5.000000000000|
|19||02/18/2014||EMAIL DESIGNATION FOR ATTORNEY|
|20||02/20/2014||RALDRIDGE@KERRIGAN.COM, BOB@KERRIGAN.COM; CGRIFFITH@KERRIGAN.COM|
|22||02/28/2014||MOTION TO DISMISS||7.000000000000|
|23||04/09/2014||NOTICE OF HEARING||8.000000000000|
|24||04/11/2014||PLT'S MEMORANDUM OF LAW IN OPPOSITION TO THE CITY OF PENSACOLA'S MOTION TO DISMISS||9.000000000000|
|25||04/11/2014||PLT'S CORRECTED MEMORANDUM OF LAW IN OPPOSITION TO THE CITY OF PENSACOLA'S MOTION TO DISMISS||10.000000000000|
|26||04/11/2014||SEVILLE HARBOUR, INC.'S FIRST REQUEST FOR ADMISSIONS TO DFT||11.000000000000|
|27||04/11/2014||PLT'S FIRST REQUEST FOR PRODUCTION TO DFT||12.000000000000|
|28||04/11/2014||SEVILLE HARBOUR, INC.'S CERTIFICATE OF SERVICE OF INTERROGATORIES TO DFT||13.000000000000|
|29||04/17/2014||JUDGE'S COPY OF PLT'S CORRECTED MEMORANDUM OF LAW IN OPPOSITION TO THE CITY OF PENSACOLA'S MOTION TO DISMISS WITH ATTACHED AUTHORITIES CITED IN MEMORANDUM||14.000000000000|
|30||04/17/2014||CORRESPONDENCE OF ATTY||15.000000000000|
Monday, April 28, 2014
I understand Rick Outzen has been closing in on the identity of Dick.
I will be interested to see if Rick is able to tie Dicksblog back to its suspected author or if he will drop it.
Dick - Sometimes satire can't fix everything. You can't hide from the documents posted along with my posts. More and more people everyday are seeing the Hayward administration for what it is and does.
- Give special attention to its friends
- Attack anyone who opposes them and
- when confronted, talk about positivity ignoring the truth.
Friday, April 25, 2014
I have asked the Councilman to respond by May 9th, a reasonable time for just a few short yes or no questions.
Thursday, April 24, 2014
Pensacola, Fla. mayor spends $23,000 to produce television show starring himself
Ashton Hayward is under fire for creating the expensive program funded by taxpayers. The show will focus on city operations and is slated to air for nine weeks on Sundays this summer.
Read more: http://www.nydailynews.com/news/politics/pensacola-fla-mayor-spends-23-000-produce-television-show-starring-article-1.1764772
Way to go Mr. Mayor! National ridicule for your never ending desire for self promotion.
Maybe Airbus will be impressed by your NATIONALLY RECOGNIZED EGO!
Show...no show...Mayor...No Mayor...
Keystone cops again!
Wednesday, April 23, 2014
The Mayor in front of or on fire trucks or the fire boat talking about our fantastic fire department. He will have fireman in the background and footage of them rolling on a call.
- What he won't say is they have had an interim chief the entire four years of his term.
- What he won't say is he has tried to close their pension but has been proved wrong that their pension is financially sound for them and the City.
- What he wont say is he has cut fire services at the airport to a minimum risking the safety of passengers and employees at the airport.
- What he won't say is he broke his campaign promise to me to repair the mold infested, unsafe fire station 3 almost four years ago.
- What he won't say is the firefighters he will be exploiting on the show don't trust him or any of his administration.
The Mayor in front of a police car or standing with Chief Simmons at a press conference. He will have officers in the background and footage of them rolling on a call.
- What he won't say is his administration has been so bad to the officers that their union had a vote of no confidence in his Chief of Staff.
- What he won't say is I understand he recently overrode the Chief to promote a union official to sergeant that might not have been promoted (yet).
- What he won't say is he closed the Police pension and that could impact our City's ability to recruit the best officers in the future.
- What he won't say is PPD's senior officers are DROPing like flies potentially heading the City to a leadership crisis.
The Mayor in his suit near one of his CNG sanitation trucks talking about the City's sanitation services and their green initiative.
- What he won't say is he has approached the ECUA about trading the City's sanitation service to ECUA for debt forgiveness and or the Main Street property.
- What he won't say is he told ECUA they can talk after the election because he didn't want to bring it up for political reasons till then.
Did he do this show immediately upon election as he was learning what they did? No!
Did he not have 3 years to do this waste of money show? Yes
Could this show wait 12 weeks until after the election? Yes, but he won't be interested in it then if he wins because it is of no political value.
This show, funded by us, solely to promote him, USING employees and City assets as unwilling props for his sole political benefit is the pure definition of a BOSS Mayor.
Mayor Ashton J. Hayward, III, you should be ashamed.
Tuesday, April 22, 2014
The Outzen News and Media Empire was all about calling out Kim Jung Hayward's actions surrounding the airport concession lease.
Since then it sure has been benign from Rick and crew. Press releases mostly.
Today the PNJ ran an article on Hayward's use of taxpaper money for a TV show running up to the election.
The radio stations carried the story as part of their local news.
Here's a link to the PNJ article:
The Outzen News and Media Empire does have a very informative press release on flood insurance workshops though.
As the InWeekly says:
"There are no sacred cows at the Independent News - which is why local politicians, bureaucrats and powerbrokers fear us so much."
Can feel them quaking Rick?
Monday, April 21, 2014
But now, less than 4 months out from the primary with 2 opponents and $100,000 in donations in the bank, he choses to start a weekly BLAB show at TAXPAYER expense that will entail as Tamara Fountain attests in the below provided contract:
"A 30 minute program where Mayor visits departments within City. Each show will are in fixed primetime every Sunday evening and again 9 times during two week cycle"
The cost to the TAXPAYERS...$23,555.
The real evidence that is damning to the Mayor's office that this is purely a taxpayer funded campaign ad is the following email to BLAB from Rebecca McLellan at the City.
"Two things... since the election will be happening, Tamara needs the cut off to be around August 15. So we need to reorganize getting all of the shows done in that time frame."
Date of the Mayoral primary...August 26th.
Of all the alleged corruption and inside deals at City Hall, this misuse of taxpayer funds to pimp the Mayor using City employees at City expense is the most disgusting.
Right below in black and white.
Link to BLAB Contract
Thursday, April 17, 2014
In the post I stated "However, Gene if Marcille does anything at all on this I will be shocked"
The person who made the allegation posted the following:
"When I filed my complaint with the State's Attorney's Office I had already done 20 hours of research and provided them irrefutable evidence that he had used his email and withheld it. It is not enough to complain.you have to present probable cause. If you think there is wrongdoing, you have to do the research and make your case. ~Doug Underhill"
I laid off responding as you really don't want to crush a person's belief in our local legal system and belittle their efforts. But those that follow local politics knew where this was ending.
Well today Marcille issued his findings in the matter.
Welcome to reality Doug! If you ever want to see the detail the SAO can ignore, give me a call.
Wednesday, April 16, 2014
What was the result?
I got beat up by the press, by Council, and many Civic leaders.
Where are we now?
For two years, through my own efforts and with my own money, I championed the Pensacola Promise as the way to improve our community AND support economic development.
What was the result?
I got beat up by the press, by Council, and many Civic leaders.
Where are we now?
Do you think I was just saying those things for chuckles.
See Pages 134 to 144
The City Council agenda reflects a bunch of interesting items besides Councilmember Bare's and Pratt's proposals.
Most interesting is the proposed list of projects for the next local option sales tax.
Can you say election year pandering. Every City park has a line item proposed. Every community center has multiple line items proposed.
Of the expected $70 million in sales tax over 10 years, Kim Jung Hayward proposes the max go to the undefined category of "economic development incentives"
You will be hearing the Mayor mention each of these in the campaign season as he promises items. Someone please video tape these promises as the funds will be reallocated after the election.
I'll be saving this "proposal" to monitor where the funds really go.
But Fire Station #3 is slated for reconstruction. FINALLY!
Monday, April 14, 2014
Above is a contract for Mayoral Flunky Eric Olson. His job is "initiatives coordinator" but it clearly states in his contract it entails whatever the Mayor says.
How do you insure that the City employees will do WHATEVER you say?
You put them on contracts that expressly state:
- The Mayor (not the City) desires to employ the employee's services
- The Mayor (not the City) desires to provide benefits, establish certain conditions of employment and set working conditions
- The Mayor (not the City) desires to employ the person until "when the Mayor may desire to otherwise terminate his employment"
- The Mayor (not the City) as established the Administrative Pay Plan
- The Mayor (not the City) shall set your salary. He will decide all changes to your pay.
- The Mayor (not the City) shall fix the terms and conditions of your employment
Wednesday, April 9, 2014
On March 13, 2014 the CRA met at City Hall. On the agenda was election of CRA Chair and Vice Chair.
Any doubts? Here's the agenda Agenda/03132014-568
On March 13, 2014, Chairman Spencer stated "After 2 years as CRA Chair, I am removing my name from the ballot."
Any doubts? Here's the video. Items 4B at the 3:50 mark Charles Bare is elected Chair.
Any confusion so far?
Well lets move forward...
April 2, 2014 The CRA amends a contract for the Plaza DeLuna concession lease.
- Page 1 - Dated April 2, 2014
- Page 2 - Signed by Brian Spencer as Chairman of CRA
- Page 3 - Approved by Maiberger March 22, 2014
- Page 3 - Approved by Smith March 28, 2014
- Page 4 - Approved by Castille April 1, 2014 w/ note "although Chairman of the CRA signs it"
- Page 4 - Approved by City Attorney April 1, 2014
Keystone cops of City Hall.
Does the Chat and Chew have a valid contract or are the Chat and Chew squatters?
Monday, April 7, 2014
I have heard that there are some potential shenanigans surrounding the building of the new YMCA downtown financed by Quint and Rishy Studer.
I have received emails alleging the following:
- Brian Spencer, City Councilman and driver of the selection of DAG Architects as the architect selected for the City's two new community centers, jointly proposed with DAG Architects on the YMCA project. Did Spencer use the community centers he drove to DAG as a example of previous work as the email alleges?
- Why would this matter? Spencer and DAG have a history. So you can catch up:
- The biggest issue for Spencer may be state statutes show a voting conflict of interest if the elected official votes on a matter that benefits his business associate. The Statute defines Business associate as follows: “Business associate” means any person or entity engaged in or carrying on a business enterprise with a public officer, public employee, or candidate as a partner, joint venturer, corporate shareholder where the shares of such corporation are not listed on any national or regional stock exchange, or co-owner of property. Spencer does vote for an unquestioned business associate (share office space and joint ventures on projects and proposals).
- In the YMCA CEO's letter he states:
- "We continue to meet with stakeholders who have submitted an RFP and wish an explanation of the results of our decision or process." See my previous post for the email.
- Although the award has been announced, I understand from sources that Spencer is the objector and is attempting to place pressure on the YMCA to change their decision. Big names being asked to intervene.
- Not being one to raise an issue with parties without proof or providing the individual the opportunity to correct my impression, I will be sending Mr. Spencer a letter asking for his response to these issues.
Friday, April 4, 2014
In Section 13 (b) the contract states:
"The parties acknowledge that this agreement and any related financial records, audits, reports, plans correspondence and other documents may be subject to disclosure to members of the public pursuant to Chapter 119, Florida Statutes as amended."
YMCA Contract with the City
Based on my request, this is the email I received back from Executive Director Michael Bodenhausen.
--------- Forwarded message
From: "Michael Bodenhausen" <email@example.com>
Date: Mar 25, 2014 2:01 PM
Subject: RE: Request of Information
To: "Maren DeWeese" <firstname.lastname@example.org>
Thursday, April 3, 2014
The PNJ had an article today regarding Public Watchdog Greg Marcille looking into Gene Valentino's use of a personal email account to conduct County business and whether he violated Florida's Sunshine law.
CLUE FOR THE CITIZENS: Sadly most local government officials use personal email accounts to keep emails from being subject to public records requests.
I made complaints to Mr. Marcille regarding the use of personal emails by:
- Mayor Hayward, email@example.com, whereby I can document dozens of emails that should have been provided to me in prior public records requests that went to or from that account that I subsequently obtained through public records requests of other staff members. Marcille crickets.
- John Asmar, firstname.lastname@example.org, See link to SAO crickets. Selective Prosecution
However, Gene if Marcille does anything at all on this I will be shocked and if he does, it is the most flagrant case of selective prosecution ever.
Tuesday, April 1, 2014
In the Thursday edition of the IN Weekly (available on Maren's Blog Dot Biz on Tuesday), Outzen makes the Pensacola Charter Commission a loser stating:
"After deliberating a new City Charter for 18 months, the Commission presented to Pensacola voters a charter that replaced the City Manager with an elected Mayor. The public was assured numerous times that the power of the City Council would remain the same and its role would be much the same as it was with the old charter. Recent actions by Mayor Ashton Hayward show they misled the public."
Well Rick, who do you think started Mayor Hayward down the road to first minimizing, then controlling and finally ignoring City Council, City policies and ordinances deconstructing our new form of government?
It was the exact person YOU demanded the Mayor bring on his staff, and the person who convinced the Mayor to hire a City Attorney that abandoned Council and provides any opinion the Mayor wants.
Let me be clearer for you Rick, if you go pointing your finger, there are three fingers pointing back at YOU!!
Give me a break!
Allen Norton and Blue Says
City Attorney Messer Law Firm recently opined that the Mayor does not need Council approval to enter into leases.
- If Quint Studer and the Wahoos don't want "fish smell" to ruin baseball games and object to the hatchery, its all up to Hayward.
- If ECUA doesn't want "fish smell" at their Main Street property and object to the hatchery, its all up to Hayward.
- If Christian Wagley believes the hatchery will not help wild fish stocks and objects to the hatchery, its all up to Hayward.
- If the PNJ objects to the hatchery, its all up to Hayward.
- If Citizens don't feel $1 per year is enough for waterfront property and object to the hatchery, its all up to Hayward.
If Hayward brings this to Council, Council should, as a point of order, delete it from the agenda, refer the CAO to Messer's opinion and the Allen Norton & Blue opinion and move on.
Hayward gets to own 100% of the hatchery decision and live with the consequences, alone.