Thursday, January 28, 2016

Hayward Has Some Ethics Issues to Deal With

Redfish Harbor is moving forward after many, many, many misstarts.  But with that the truth is coming out.

According to the document below, despite the efforts of the partners to conceal the Mayor's participation, the partners are Ashton Hayward III, Matt Pair and Cody Rawson.

Certificate by Members

"1. The undersigned hereby certify that Cody L Rawson, Matthew J. Pair and Ashton J. Hayward III are the only members of the Company.  The Company is managed by its members, even though the annual report filed with sunbiz.org shows two managers."

Pause...Clear Charter violation?  Ashton Hayward is a manager of Redfish Harbor and actively participates in the Company.  The Charter states:

"(14) To devote his or her entire work time to the performance of the duties of the Mayor’s office, and hold no other elected public office while Mayor."

Does he get to participate in managing Redfish Harbor from the 7th Floor?

http://pensacolad3.blogspot.com/2015/10/is-mayor-participating-in-redfish-harbor.html

The document also states the group owes $4,758,000 on the property.  Is the Mayor a co-maker of the note to AMFI?  If so, we have an ethics violation as the Mayor did not list any related liability on his Form 1 with the State.

"If you are a “co-maker” and have signed as being jointly liable or jointly and severally liable, then this is not a contingent liability."

Additionally, Hayward does not disclose the ownership in the Redfish Harbor LLC on his Form 1.

Describe any intangible personal property that, at any time during the disclosure period, was worth more than 10% of your total assets, and state the business entity to which the property related. Intangible personal property includes things such as cash on hand, stocks, bonds, certificates of deposit, vehicle leases, interests in businesses, beneficial interests in trusts, money owed you, Deferred Retirement Option Program (DROP) accounts, the Florida Prepaid College Plan, and bank accounts. Intangible personal property also includes investment products held in IRAs, brokerage accounts, and the Florida College Investment Plan. Note that the product contained in a brokerage account, IRA, or the Florida College Investment Plan is your asset—not the account or plan itself.

In order to decide whether the intangible property exceeds 10% of your total assets, you will need to total the fair market value of all of your assets (including real property, intangible property, and tangible personal property such as jewelry, furniture, etc.). When making this calculation, do not subtract any liabilities (debts) that may relate to the property. Multiply the total figure by 10% to arrive at the disclosure threshold. List only the intangibles that exceed this threshold amount.

Form 1 Link...See Instructions

Assume the intangible value of Redfish Harbor LLC (not considering debts) is at least $4,758,000 (the amount of the debt).

Assume the Mayor owns only 10% of Redfish Harbor (not 1/3).

The fair market value of the Mayor's total assets would have to exceed $4,758,000 for the investment in Redfish Harbor to not meet the 10% threshold and require disclosure.

Umm.  Bueller? Bueller? Bueller?

Per Form 1

In addition, failure to make any required disclosure constitutes grounds for and may be punished by one or more of the following: disqualification from being on the ballot, impeachment, removal, or suspension from office or employment, demotion, reduction in salary, reprimand, or a civil penalty not exceeding $10,000. [s. 112.317, F.S.]








4 comments:

CJ Lewis said...

As a reminder, during the Chamber's mayoral candidate forum held in August 2010 at New World Landing with Rick Outzen as the moderator, the four candidates were each asked to describe plans for their businesses if elected. Candidates Mike Wiggins, Diane Mack and Charles Bare all said they would sell them or shut them down. Ashton Hayward said, and I think the meeting was videotaped so it may be possible to transcribe his exact words, that he was not going to shut down his businesses which at the time I assumed was just his real estate business. I later learned that his real estate business had been operating in violation of multiple state laws for 19 months leading to a criminal investigation by the Department of Business & Professional Regulations. I assume it was Governor Rick Scott that squashed the investigation when it reached the Florida Real Estate Commission's Probable Cause Committee. Hayward said that his business partners were going to take care of him. Even Outzen, who is normally unflappable, seemed a bit stunned turning his head and looking at Hayward somewhat in disbelief. It was one of those "pregnant pause" moments when the place got so quiet you could have heard a pin drop on the carpet. The only more shocking moment of the campaign was during a PNJ candidate forum later held at First Baptist Church when the candidates were asked to describe the book they were then reading. I cannot remember what Mike Wiggins said. I do remember what Ashton Hayward said, "The Wall Street Journal." Again, the place seemed to stand still as in the movie The Matrix until the disbelief wore off. He explained that his wife An then not even an American citizen was the reader in the family. Hayward's comment only seemed to prove what his long-time acquaintances had told me about his head being an empty vessel.

Anonymous said...

Maren,
In all honesty, that amount would be dependent upon his percentage of Redfish Harbor. He could own 1% (unlikely) which would change that amount arguably. So, without those facts it is hard to arrive at a total or figure. He could in fact claim that his percentage is so low it does not count. Who knows, but then again.... who is to stop him or anyone in this town? Bill Eddins? NOT LIKELY HE IS A JOKE. In fact, it would not surprise me if some day his offices are raided by the FBI. He refuses to investigate and when he does comes to the exact same conclusion "Not enough to prosecute"!! In the Mayor's case, the Feds took it to Federal Court in Tallahassee as he is well connected here. I cannot wait to hear the results of that Grand Jury Investigation some day.

Anonymous said...

Word on the street is that Cody Rawson pays the Mayor's part of the loan. That is why Hayward gave Rawson millions of dollars in no bid contracts.

Fed up with Pensacola said...

I don't understand this town. I have lived elsewhere, dealt with other city councils and mayors, and I just don't understand how Pensacola keeps doing the things it does. The levels of corruption are astounding.