Saturday, April 30, 2016

Who's Your Buddy?

The Mayor "received" the Fire Chief report yesterday based on an email from the City Public Information Officer sent at 4:59:09 pm. That is evidently the "Transparent" time of day!

Now he has to "evaluate" it.  Hope VanSickle didn't use any big words!

No matter how they try to cover, I would expect Eric Olson's staff to EACH receive a subpoena in the future to appear for a 5 minute deposition where they are each asked under oath:

"At the April 11 staff meeting, did Eric Olson state that the City had received the Fire Chief report and he (Olson) was awaiting the Mayor's response?"

"At the April 18 staff meeting, did Eric Olson state that the City had received the Fire Chief report and he (Olson) was awaiting the Mayor's response?"

Friday, April 29, 2016

More Firefighter Lawsuits to Come?

The City entered a contract on April 25, 2016 with NorthStar Demolition and Remediation LP to perform "Fungal Remediation" at Fire Station #3.

So how much and how bad?

Cost - $27,600

How bad - Well...bad!

Carpeting - Captains Suite, Dormitory and Lounge - Remove and properly dispose
Floors - Clean and sanitize
Ceiling Tiles - Remove and properly dispose
Ceiling Grid - Clean and sanitize
Flex duct - Remove and properly dispose
Batt insulation - Remove and properly dispose
Porous Furnishings - Remove and properly dispose
Everything else - Clean and sanitize

WARNING SIGNS - Warning signs in English and Spanish will be posted at each approach to each work area. The following language will be written in black letters on a yellow background.


Pressure Differential System

High Efficiency Particulate Arrestance (HEPA) air filtration device (AFD) shall be installed.  Air exhaust will be ducted to the outside of the building. A minimum of four air changes per hour will be provided for each work area.

Worker Protection

Workers will dress in two (2) sets  of fullbody disposable coveralls including head and foot covers.
Plastic or rubber gloves will be worn.
Rubber boots

Respiratory Protection

Minimum respiratory protection will be half face negative pressure respirators equipped with HEPA cartridges.

Clean rooms
Decontamination rooms

Firefighters have had to live in these conditions since Ashton Hayward took office.  He knew it was bad.  I will testify under oath in any matter that Ashton J. Hayward knew of the mold, ignored it and made the statement "a new fire station for three people isn't economic development"

Firefighters, if you worked at Fire Station #3 the work order is in Fortis.  Print a copy!  It will be great evidence of negligence on the part of the City.

Fortis Link

Thursday, April 28, 2016

Kerrigan Demands Retraction

I will afford you one more opportunity to retract everything you have written about me concerning your false statements concerning any purported involvement I have had in any investigation involving any city employee. I have had none at all directly or indirectly, period You published it knowing it was false and if you claim you did not know it was false at the time of initial publication then you knew it was false after I advised you in writing. You have continued to refer to this baseless accusation knowing it is false. Bob Kerrigan

Read again Mr. Kerrigan, I merely ask the question if you are involved based on your presence at Beggs & Lane.  Please provide what statements I have made that are false.  Please cut and paste the statements of concern into a post. I will either substantiate or retract.  Also, please remember that questions I ask are not statements.  I am simply questioning Government as you have done for years.  We are both public figures and surely you understand the need for the truth to be shared.

Your statement that "By the way I have never met Mr. Glover and I have never ever said a word about or against him." was proven false in your last edition of your Bowling News.  You remember. The edition you pulled down off your blog??

Mr. Kerrigan, if you were not there regarding the Chief's investigation why were you there?
  • A witness places you outside VanSickle's office while the questioning was occurring.
  • Photos and witnesses confirm you were there multiple days while the report was being prepared.
  • You withdrew as Co-Council in the Fish House case months ago so there was no reason for you to be involved with that case.
Who are you representing that took you to Beggs & Lane should not be secret, (only communications with your client).  If not there about the Chiefs, what matter were you there regarding?  I should be able to easily trace it to the Clerk's website where you are listed as Counsel against Beggs & Lane or listed as Co-Counsel with Beggs & Lane.

If you were there working on the City request for rehearing, who directed you to be there?  Do you have an engagement letter or co-counsel agreement?  If its related to City business, it's a public document. Just provide it.

For the record, if you review my blog you will see that I never stated you were there about the Chief's but simply providing facts as to your presence at Beggs and Lane and asking the question as to if it was related to the Chiefs.

Shed some light Mr. Kerrigan and when you do I will gladly post the information.

Wednesday, April 27, 2016

Council...Time for Some Inquiry and Subpoenas

I have received information from a source that City Administrator Eric Olson holds a weekly staff meeting at 9am every Monday.

My source indicates that at that meeting the week BEFORE LAST Olson stated to the staff that they had received the report.

If the source is correct, the Mayor is lying.  Council, you have the power to investigate.  Please do something to find the truth.

Time for some swearin' and oathin'!

UPDATE - Just  received!  See below.

This is public records request. 

I'm confirming (receipt) of the investigative report involving the fire chief and deputy fire chief.  

The City Administrator Eric Olson announced in a staff meeting on Monday April 11 and April 18 that the mayor indeed received the report from the attorneys and that he ( Olson ) was awaiting the mayor's response. 
To clarify, I'm not asking for the report, just in fact that the City is in possession of the results.

I look forward to your response. 


Mayor Hayward is Lying or The Worst Mayor in History

Today in his weekly interview with Andrew McKay, the Mayor was asked:

"Do you have the report yet? Do you have anything to tell us?"


"Andrew I do not. And I did hear some rumors.  That's just silly. I don't have the report and you know, I've been completely away from this."

"To answer your question, No I do not.  I've seen no report. There is no report on my desk. That's just silly.

"I'm as anxious as you are!"

This "Strong Mayor", this CEO, is either lying through his teeth or is the most uninvolved buffoon in history.

Let me spell it out clearly:

  • The two highest ranking leaders of the fire department are put on leave for charges as serious as accepting a rental car upgrade and a possible insinuated comment in a speech.
  • The "charges" were put forward by the Mayor's direct report Ed Sisson.
  • The chiefs were put on 10 day leave because no one at the City realized admin leave was capped at 10 days. A policy exception was required "BY THE MAYOR"
  • The Mayor's personal criminal defense firm is hired to do the investigation.
  • The Mayor's Puppet Master is seen almost daily at the firm doing the investigation.
  • The press is going ape over the wasted salaries for the Chiefs and the cost of the investigation.
  • The Mayor is caught attempting to state that his City Administrator misspoke in laborious detail on the radio for 5 minutes.
Surely, the Mayor, a college educated titan of business, has reviewed and assessed for himself the charges made by Sisson?

Surely, the Mayor, a great leader of the people, has seen that the charges would never amount to serious consequences and was just letting the process play out.

Surely the Mayor, a proponent of minority issues, can see the perspective that the entire investigation looks like a clear case of retaliation?

Surely, the Mayor, a man who approved the OHM lease without a final Council action and a man that touts his supreme authority under the charter, is taking command of a process that ran out of control and is reigning it in.


he really is just "anxiously" sitting in his office waiting for the door to open and someone to bring him a report and tell him what this whole three months has been about?

Folks, his own words!

"I've been completely away from this."

"I'm as anxious as you are!"

The suspense must be killing me too Strong Mayor.  Glad someone, evidently the village idiot is in charge while you sit there all tingling and anxious!

Tuesday, April 26, 2016

Today's Pensacola Fire Department

Today's Pensacola Fire Department stands in stark contrast to the PFD of the past.

The discrimination lawsuit a few years ago by 4 black firefighters has created a transformation within the PFD.  Our fire department has held strong throughout this chief dilemma.

Today's firefighters have worked hard to change the racially hostile culture of the past. 

Racism is not tolerated by the firefighters of today's PFD.

The following is a repost from July 2015 that explained the transformation of the PFD and where the department is today. 

PFD...Where are they now?

Over the past two weeks you have read of the dismal racial history of the Pensacola Fire Department. You have read affidavits regarding racist acts and outright discrimination. You have seen the City Administration dismissing the issues and instead of punishing the firefighters committing these unthinkable acts...they were promoted.  In fact, in some cases, promoted all the way up to Chief.  

Despite the inaction of City leadership both prior to Hayward and over the last 4.5 years of Hayward's neglect, the PFD has moved on.  They have healed from the past and thankfully most, if not all, of the racist individuals are no longer with the Pensacola Fire Department.  The Fire Union membership has elected as their President for the past two terms one of the firefighters that was party to the lawsuit.  The Union has also added anti-discrimination language to their bylaws.  

Our Fire Department is strong.  They are courageous and they are there for their "brother" and for the Citizens.


The Mayor has continued to disappoint!  

Monday, April 25, 2016

Olson Does Not Meet His Own Job Classification

Below is a link to the Job Classification for Eric Olson's position, City Administrator.

City Administrator

"Seven (7) years of municipal management experience"


Let's repeat that!

"Seven (7) years of municipal management experience"

Eric Olson's resume is at the link below.

Included in No Confidence Vote Materials PAGE 8

What does it say?  Let's see:

  • Naval Flight Officer 1987-1991 Municipal experience...Nope!
  • Olmstead Foundation Scholar 1992-1994 Municipal experience...Nope!
  • Combat Direction Center Officer 1994-1996 Municipal experience...Nope!
  • Operations Officer 1997-1999 Municipal experience...Nope!
  • Regional Desk Officer 2000 Municipal experience...Nope!
  • Defense Attache 2002-2005 Municipal experience...Nope!
  • ROTC Dude 2005-2008 Municipal experience...Nope!
  • Liaison Officer 2008-2011 Municipal experience...Nope!
  • Veteran Outreach Coordinator 2011-Hired by City Municipal experience...Nope!
I don't understand??
How can he be in a role that was never advertised and that he is not qualified for?

Are job classifications really needed?
Can anyone just work anywhere for the City?


Friday, April 22, 2016

Hey Eric Olson...Talked to Herman Simm Lately?

City Administrator Eric Olson burst onto the US Navy scene with all of the dignity of the village idiot as displayed in the photo below.

Later in his Navy career, Olson details in his resume (which Charles Bare attached to the 2015 No Confidence Vote documentation) the following:

No Confidence Vote Materials

US Department of State records also confirm this fact.

Principal U.S. Officials 
Ambassador--Joseph DeThomas
Deputy Chief of Mission--Mark Pekala
Head of Political/Economic Section--Stuart Dwyer
Management Officer--Thatcher Scharpf
Legal Attach--James Nixon
Consular Officer--Paul Mayer
Public Affairs Officer--Thomas Hodges
Defense Attache--Commander Eric Olson (USN)
Chief of Office of Defense Cooperation--LTC Kenneth Pope

In probably the biggest farce ever in the history of resume padding, Olson states:

"Produced intelligence reports that were used as the basis for U.S. policy decisions in the region during the critical period leading to Estonia's membership into NATO and the European Union"

What it "could" have said was:

"Worked with the most successful Russian spy in history as he crippled NATO and subjected the region to exposures that would damage Estonia and NATO for years to come."

You see...while Olson was the Defense Attache he worked with Herman Simm, a Russian spy.  The Der Spiegel article at the link below details the actions of Simm.

"This is the same man (Simm) whom NATO, in a classified 141-page report, has recognized as the spy who was "most damaging in Alliance history." The report alleges that Simm, as the former head of security at the Estonian Defense Ministry, had access to most of the classified NATO documents his country received after joining the alliance in the spring of 2004."

It continues:

Estonia became a member of NATO on March 29, 2004. Simm set up the National Security Authority, a department in Estonia's Defense Ministry. In his new position, he decided who would have access to which documents. Likewise, he was responsible for managing the protection of classified documents, the system for secure data transmission with NATO and the EU, and background security checks of officials.

Simm's Russian contacts were particularly interested in encryption technology, and he delivered so much information on this subject that NATO would later conclude in its classified report that Simm's activities made the alliance "more vulnerable to cyber threats and attacks" because "our weak points are now well-known by our adversaries." The three-week wave of cyberattacks on Estonia in 2007, which practically shut the country down, offered alarming evidence of the severity of the threat.

Great Job Eric!  And we thought Tamara Fountain's credentials were "iffy".

Can't wait to see what his Navy and Department of State file says!

Thursday, April 21, 2016

Ooops! Brian Spencer Caught in an Ethical Catch 22

In a subtle moment in the last Council meeting, Council voted on a lease modification for Marina Management.  The item passed 5-0. JOHNSON AND SPENCER ABSTAINED.

You see, Marina Management is a Company owned by their business partner Ray Russenberger.

Marina Management

Larry B. Johnson has been consistent in not voting on his business partner's matters before the Council either by absence or abstaining.

Brian Spencer...not so much!

On January 14, 2016, Marina Management requested to assign its existing license to use the right of way for the Oar House restaurant.  The motion passed 7-0 with Council member Johnson absent for the vote.  SPENCER VOTED FOR IT!

On March 13, 2014, the City Council voted 6-0 to approve the assignment of the lease of the Harbormaster Building property on South Palafox from Harbourmaster Building LLC to Downtown Property Group USA LLC.  JOHNSON AND SPENCER ABSTAINED

Brian Spencer...Ethics violation?  Would anyone be even remotely shocked?

Wednesday, April 20, 2016

Another Case Against Hayward Administration

Escambia County Florida Clerk of the Circuit Court
Courtviewer Records Search
Case Number 2016 CA 000594 Case Judge N / BERGOSH , GARY L
Case Type OTHER CIRCUIT CIVIL POST 2010 File Date 04/14/2016
Case Action Code Case Status OPEN
Rcd Party Type Name Race Gender D.O.B. / D.O.D.
1 Plaintiff OUTZEN, RICHARD M    XRef-ID:
2 Defendant CITY OF PENSACOLA,      XRef-ID:
Rcd Date Description Document Tag #
1  04/14/2016   CASE FILED 04/14/2016 CASE NUMBER 2016 CA 000594
2  04/14/2016   CIVIL COVER SHEET 0.500000000000
3  04/14/2016   COMPLAINT/PETITION FILED 1.000000000000
4  04/15/2016   BERGOSH, GARY L: ASSIGNED

Tuesday, April 19, 2016

With Liberty and Justice for SOME

Citizen's statement during Leroy Boyd forum on April 14, 2016

In defense of Fire Chief Schmidt and Deputy Fire Chief Joseph Glover   

Here we are,,,,, over 70 days into this witch hunt and we're no closer to having answers than when this all began.  

Meanwhile, Chief Glover is away on military duty, serving our country to protect the very freedoms we SHOULD ALL enjoy. With more than 30 years of military service, you would think he would also be enjoying the freedom, justice and equality that come with living in this great country. Instead, Chief Glover awaits the results of this unbelievable conspiracy designed to destroy him. And this is the way Ashton Hayward and his administration want to show their gratitude for Chief Glover’s years of service to our country????

Just a thought: Every council meeting begins with The Pledge of Allegiance, saying, …..with liberty and justice for ALL. Maybe it should be changed to say ,,,,,,“with liberty and justice for SOME”

You claim that this investigation has nothing to do with race????
But, that is exactly what this is about. Years of systemic racism, denied and ignored for far too long. And when someone like Chief Glover speaks out about racism, well, you see what it gets you – this witch hunt to destroy his reputation, to destroy him at any cost and to make an example out of him for anyone else that might want to speak out about racism that exist for some city employees. You rule by intimidation and fear, not by justice for the wrongs that have occurred.  

Here's a question...
What if Ashton Hayward, Rusty Wells, Eric Olson, and Ed Sisson were all black????  Would their behavior be tolerated????  
Now that we know about of some of their lies, and attempts of deception and crookedness, imagine what would happen to them if they were all black!!!!!!

And what if Chief Glover was white????  Never mind, if he were white we wouldn't be here discussing this now, would we??     If he had been a white man, he would have received the same pay as his other white counterparts and contemporaries.  Chief Schmitt is being made an example of what happens to you if you dare speak out against racism even if you happen to be white.

Now I'll ask the same question that I asked the last time I was here.  How many total days has this administration spent investigating reported race discrimination? Can you give me that answer, NOW????  Why aren’t those accused of the racist behavior on administrative leave and under investigation? Why are only Chief Schmitt and Glover on administrative leave? This makes absolutely NO sense.

How many employees have been suspended after being accused of race discrimination?  If the answer is NO ONE, Ashton Hayward, what's your message when the only people suspended are the ones who actually reported race discrimination?  Doesn’t anyone on the council have a problem with that?  Ashton Hayward, you alone can stop this and you haven’t so far.

We are at day 72 or 73 into this mysterious investigation about who knows what!  The mayor and the city administrator can't even agree on what the investigation is about. The assistant city administrator stated that he had no idea what the investigation was about...

This whole thing disgusts me.  I can't believe that Ed Sisson, Eric Olson, and Rusty Wells still work for the city after what they've done.  Then again, their corruption, lies, and misdeeds are overlooked because of the color of their skin.

You see, sometimes it works in your favor to be judged by the color of your skin and not to be judged by the content of your character!!!  That's what I call "pulling the race card"!!!

Eric Olson, Rusty Wells, and Ed Sisson, I'm asking again for each of your resignations. And I’m also asking for a recall on the mayor, Ashton Hayward.

Monday, April 18, 2016

Should we Listen to Rusty Wells? Smoke and Mirrors

The PNJ did an article last week noting that InWeekly Publisher Rick Outzen was suing the City for failure to disclose how many random drug tests had been done for the police and fire departments since January 1, 2015.


Since Bobblehead Bowling hadn't been told what to say, the article states:

"Asked why Glover would be subject to random drug tests when city police are not, Bowling turned to former city attorney and special assistant to the city administrator Rusty Wells who said that all firefighters are subject to random drug tests since they are what state considers a "mandatory-testing position". Police officers, Wells said, are tested on a "reasonable suspicion" basis as provided by state law, rather than a random one."

Well, Rusty, lets see who under State Statute 440.102 falls under the category of "mandatory-testing position"

o) “Mandatory-testing position” means, with respect to a public employer, a job assignment that requires the employee to carry a firearm, work closely with an employee who carries a firearm, perform life-threatening procedures, work with heavy or dangerous machinery, work as a safety inspector, work with children, work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check, pursuant to s. 110.1127, or a job assignment in which a momentary lapse in attention could result in injury or death to another person.

Under the above, everyone in the following departments would be considered a "mandatory-testing position":

  • Police officers
  • Anyone at the police department (works closely to people with guns)
  • Code Enforcement
  • Inspections 
  • Public works (work with heavy or dangerous machinery)
  • Parks and Rec (work with children)
  • Pensacola Energy (work with heavy or dangerous machinery)

Rusty, please explain!!  Did you "Misspeak" to the press like your boss Olson?

More smoke and mirrors from City Hall!

Friday, April 15, 2016

Well...Nothing Before Council Meeting...Weak Coward?

"Strong Mayor" Ashton Hayward took a verbal beat down last night at City Council as citizens demanded terminations, resignations, recalls and investigations over the Fire Chief investigations.

With the report completed and awaiting his review and approval, Hayward smirked at the speakers appearing "smug" according to one speaker.

Boyd Forum

Hayward is in an impossible spot.

If he restores the Chiefs, Sisson has to go as he made the bogus allegations.  Olson should accompany him as he was the one who told the press the admin leave was due to EEOC complaints.  If Sisson and Olson go, Hayward does have Wilkins and others on hand to immediately assume the roles.

This is the alternative where Hayward gets to stay at City Hall.

If he moves against the Chiefs in any negative way, the charges will become public.  The public will see none of the charges are disciplinary issues.  Many of the allegations would require other Fire employees to be involved as they had direct responsibility for the underlying roles within the department.  The public will be outraged and it will definitely be seen as retaliation for EEOC charges against Sisson and Olson. Hayward will face a certain recall effort and probable marches and picketing.  Who knows?  This may become national news?

Well, there you are Ashton! Time to Choose!

At least you won't have to face the Citizens for a month.

No way Bob Kerrigan can pull a rabbit out of this hat!

Will something be released today after 5pm?

Thursday, April 14, 2016

Hey Rick...City Complied with this Request in February. Nail Them!!

Pursuant to Article I, section 24 of the Florida Constitution, and chapter 119, F.S, I hereby request copies of the following public records: Redacted list of all random urinalysis administered within the Pensacola Police Department from the period January 1, 2013 - December 31, 2015. This request should include all members of the department whether they are members of a collective bargaining unit or not. Please coordinate this request with the city clinic. 

City Response

The City of Pensacola has reviewed its files and has determined there are no responsive records or documents to your request for public records. 

The City answered this request but is denying Outzen's request.  Why?

They can't even cover up a cover up!

The clinic has the records.
Sisson is in charge of the clinic.
Anyone see where the block is coming from?

Wednesday, April 13, 2016

Olson "Misspoke" In Detail According to Hayward

In his weekly AM1620 interview below, the Mayor states:

" I don't know if Mr. Olson misspoke or not but its not."  (related to the EEOC complaint)


Accordingly to the Mayor, his City Administrator Eric Olson "misspoke" in painful detail about the who, why and when of the administrative leave for the Chiefs.

How do you misspeak when you stated in laborious detail:

  • The insurance carrier instructions
  • Rob Larkin, Allen Norton & Blue's instructions
  • Retained investigator for an EEOC investigation per legal advice

How can anyone misspeak in that much detail?

Imagine a jury hearing the Chiefs' attorneys play the Olson interview and then asking both Olson and Hayward under oath how someone "misspoke" in such voluminous detail.

Chiefs, please download the Olson interview so that it is documented for your possible suits.

Other city employees, download a copy for your potential future suits.  Under Hayward, its just a matter of when not if.

Olson proved retaliation in that interview!  No magic wand Hayward waves can undo the recorded words of the City Administrator.

Beggs & Lane Engagement Letter...No VanSickle!

Below is the engagement letter for Beggs & Lane generated by the City of Pensacola.  Frankly, it is without a doubt that Beggs & Lane is an excellent law firm.  Why in the world would such an esteemed firm let this pathetic engagement letter with Insert Lawyer's Name represent and be in any document its managing partner signs.

Engagement Letter

Come on guys!  You are better than this!

A few interesting items:

  • Nix, you signed a document that has the City zip code as 325. That's it.  325
  • Why does a City need a rate sheet that includes one of the top white collar criminal defense attorneys in the area?  Because Ashton Hayward is its Mayor.
  • At $295 per hour how much has the City spent with B&L?
Finally, the Rate Sheet doesn't even mention Russell VanSickle who is conducting the "EEOC investigation" (according to Olson).

How was VanSickle engaged?  He didn't make the engagement team!

Does that make Russell VanSickle a scrub?

Tuesday, April 12, 2016

City Legal Agreements...A Hot Mess of Manufactured Documents

I have been reviewing City engagement letters with various law firms.  What I have found is shocking!

Fictional engagement letters manufactured by the City and sent to attorneys for signature.  Most lacking the required city contractual review and required contractual language.

What is an engagement letter? It’s a document directed to the client, signed by both lawyer and client, reduced to writing, setting forth the exact duties of the law firm, the lawyer, and the client. The agreement identifies what the lawyer will—and won’t—do for the client. Setting the parameters of the attorney-client relationship, it can define when it begins and when it ends, what happens during the process, and even how materials received by the law firm will be stored and destroyed.

While there’s no set format, an engagement letter should leave nothing to memory or chance. Not only invaluable protection in case of ethical complaints, it also shows the client that you take your relationship with the client seriously.

Below is a list of engagement letters I have reviewed AND THE DATE THEY WERE PREPARED. See if you can find any trends.

Beggs & Lane - September 26, 2014 three years ending September 30, 2017
Lewis Longman & Walker- September 26, 2014 three years ending September 30, 2017
Louis F. Ray, Jr. - September 26, 2014 three years ending September 30, 2017
Roderic G. Magie, P.A.  - September 26, 2014 three years ending September 30, 2017
Quintairos, Prieto Wood -  - September 26, 2014 three years ending September 30, 2017
Rumberger, Kirk  - September 26, 2014 three years ending September 30, 2017
Wilson Harrell Farrington - September 26, 2014 three years ending September 30, 2017
Allen Norton & Blue - September 26, 2014 three years ending September 30, 2017
Philip Bates PA - September 26, 2014 three years ending September 30, 2017
Gray Robinson - September 26, 2014 three years ending September 30, 2017
Hammons Law Firm - September 26, 2014 three years ending September 30, 2017
Jolly & Peterson - September 26, 2014 three years ending September 30, 2017

All of the above engagement letters were prepared BY THE CITY and sent to the law firms.

Most merely signed what was sent and returned.  THEY EVEN LEFT THE SPOT THAT STATES (INSERT LAWYERS NAME) IN THE LETTER.  See the example below.

Insert Name Here

This is the type of JV administration Ashton Hayward runs.  These letters do not provide the necessary detail of a formal legal engagement letter.

One law firm retained, Bondurant Mixson, & Elmore of Atlanta prepares professional engagement letters one would expect. It contains details on:
  • Scope of representation
  • Fees for our Services
  • Payment of Expenses
  • Billing & Payment Terms
  • Conflicts of Interest
  • Preservation of Evidence
  • Document Retention Policy
  • Conclusion of Representation
  • Other Important terms
  • Effective Date
The JV engagement letter exercise dictated above was directed by Jim Messer and Tricky Dick Barker.

Monday, April 11, 2016

It's Monday! Kerrigan is at Beggs & Lane Again!

Just went past Beggs & Lane.  Bob Kerrigan's Jaguar was there again.  It will be interesting when the subpoenas start flying what VanSickle and Kerrigan say about any Kerrigan involvement in the fire investigation.

Folks, it's getting to the point that if Beggs & Lane is taking direction or needs this much advice from the author of the "Bowling News" on any matter, maybe the qualifications of Beggs & Lane should be questioned?

Someone who is going down to Council this week, please ask Mr. Olson what City matter is Bob Kerrigan involved in at Beggs & Lane.

Will Hayward own the Fire Investigation Or Hide from Being a Leader

By all accounts, this is the definitive week in the fire investigation.  Keith Wilkins and Eric Olson stated that the findings would be out by last week at the latest.  Hayward said ASAP.  Still...crickets!

Hayward is at a unique time in his Mayorship.

He just got taken to the woodshed in the Fish House ruling which will cost the City hundreds of thousands of dollars.

Growing calls for his recall are surfacing.  Folks are meeting to discuss it.

This Fire decision rests solely on him.  Not the Council. Remember, he's the Strong Mayor.  We have a new form of government, as he is fond of saying.  All employee matters are his alone.

When the frivolous allegations made by Ed Sisson come out,

  • Hayward has to state why he wasted two months and tens of thousands of dollars investigating rental car upgrades and issues under the control of other fire department employees who were not placed on leave.
  • Hayward has to state how an investigation that his City Administrator said was into EEOC allegations morphed into a witch hunt.
  • Hayward has to state that his HR flunky Sisson who made the allegations against City employees that are proven false still has his full confidence to lead the City's HR function. Who is next in Sisson's witch hunt scope?
  • Hayward has to state that City Administrator Eric Olson LIED to AM1620 about the nature of the administrative leave and the EEOC investigation
Ashton Hayward has to own all of what he allowed to occur.

Ashton Hayward has to own the liability his witch hunt has resulted in regarding retaliation.

The second the results of the investigation are announced EVERYTHING becomes PUBLIC.
  • Transcripts of interviews
  • Allegations
  • Who was interviewed
  • Who was not
  • Documents
  • Invoices

Only the following questions remain:
  • Will Hayward hide the findings until Friday after the Council meeting so that he has a month until he and Olson have to face the public? or
  • Is he man enough to own his mistake and get it out so the public can confront him and Olson on Thursday night?
Strong mayor or weak coward?

We will see!

Friday, April 8, 2016

BOMBSHELL ALERT: Fire Investigation Done under False Pretenses

Last week at the continued City Council meeting, Mayor Hayward and Council President Bare got into an exchange that was chronicled by the PNJ's Andy Marlette on Sunday.

Bare: I understand the system and I understand how executive and legislative branches work .… I do have a question though, because you just said something was false .… I just want to make sure I’ve got that correct. You said, they were put on administrative leave because they filed EEOC complaints, you said that was false .…

Mayor: YOU said that. You said they were put on administrative leave pending an investigation ....

Bare: That’s what YOU said to the media.

Mayor: That’s what YOU said. That’s what you said on March 17th.

Bare: You’re saying that’s false?

Mayor: That’s false. That’s what I’M saying. That’s what the mayor is saying. YOU said on the 17th that that is false ....

Bare: They were not put on administrative leave because of their EEOC complaints?

Mayor: That is correct. I guess that’s what YOU said on March 17th.

Bare: That’s what YOU said to the press.

Mayor: That’s what YOU said .…

Besides sounding ridiculous, the Mayor is lying according to Eric Olson, his City Administrator! 

Revisionist history is not possible in the digital age, Mr. Mayor!

On February 9, Eric Olson stated to Andrew McKay:

McKay: What was the process from them (Chiefs) filing EEOC complaints to them being put on administrative leave a week ago?

Olson: So we have EEOC complaints from both individuals and normally I wouldn't talk about EEOC complaints with respect for confidentiality to all the parties involved but since they have been brought forward to the public in other forums I can say we have the two EEOC complaints. Anytime the City receives an EEOC complaint our insurance carrier is notified. When our insurance carrier is notified, our insurance carrier then takes one of the attorneys that it has on retainer to check into the matter. In this case it happened to be Rob Larkin from Allen Norton & Blue. When he was notified he then advised me that we should put the two individuals on administrative leave and that we should retain an outside counsel to conduct an investigation. So that's really the timeline. The EEOC complaints were filed.  We had one that was filed in late December.  The notification process was after the holidays that the notification happened. So once the insurance carrier got it they notified their counsel then talked to us and gave us this advice. So really acting on the advice of Counsel that is exactly what happened. Last Tuesday the two individuals were placed on administrative leave and we hired outside counsel to conduct an investigation.

McKay: Is there an investigation of these individuals or of misconduct, or is this entirely just a standard protocol response to the fact that your attorneys, the attorney delegated by the insurance company said this is how you ought to respond to the EEOC complaint and the public disclosure through other channels of some of the facts surrounding that allegation.

Olson: What this is, you're exactly right.  This is an investigation. This is an investigation based on the advice of Counsel. And that's where it is. The outside investigator will take the initial complaints and determine where to go from there.

The outside investigator was to review the EEOC complaints per Eric Olson!

No talk of charges against the Chiefs!
No talk of investigating hiring practices!
No talk of rental car upgrades!
No talk of demotions!
No talk of Car Seat money!

Due to the EEOC complaints!

The City Administrator CLEARLY states that the Chief's were put on leave on the advice of Counsel because they filed EEOC complaints.

The City Administrator CLEARLY states the outside counsel was to conduct an investigation into the EEOC complaints NOT into any alleged wrongdoings by the Chiefs.

Based on Olson's own words, VanSickle should have been investigating the complaints of the Chiefs NOT going off on a witch hunt of charges made up by Sisson.

Based on the Olson interview, so many questions are to be answered.

And Mayor Hayward, you either don't know what is going on in your own City Administration or you are a flat out damn liar!

Thursday, April 7, 2016

Bob Kerrigan Deems The Racial Discrimination Lawsuits of Black Firefighters Frivolous?

Frivolous by definition in law: frivolous litigation is the practice of starting or carrying on lawsuits that, due to their lack of legal merit, have little to no chance of being won.

Local personal injury attorney Bob Kerrigan made the following statement in his March 8, 2016 "Bowling News" alluding to a suit filed by African American fire fighters against the City of Pensacola surrounding former racism in the Pensacola Fire Department:

He was asked about an employee who sued the city, who is now suspended, previously costing the city thousands. He said that although the employee lost the prior suit and the city had to pay thousands in lawyers’ fees, he encouraged other employees to file frivolous suits because that allowed him to support them when they lost, which is what good leaders do.

Bob Kerrigan has long been the Mayor's puppet master, receiving most, if not all, of Mayor Hayward's city emails, forwarded to him for response and guidance.  See the proof below.

From: Bob Kerrigan [] 
Sent: Friday, August 07, 2015 9:27 AM
To: Ashton Hayward 
Subject: RE: Class Against Lawsuit Filed Against the City of Pensacola

A simple legal issue. I would send to John D and he can start on it. He will best be able to advise you. Don’t worry about this one. If the fees are illegal the city will have to reimburse the customers some amount and that would be a compromised settlement amount.

From: Ashton Hayward []
Sent: Friday, August 07, 2015 9:02 AM
To: Bob Kerrigan 
Subject: Fwd: Class Against Lawsuit Filed Against the City of Pensacola

Sent from my iPhone

Kerrigan has been so overly involved with City issues he has actually run off senior staff to the Mayor.  One senior staffer who resigned stated they would not work another day for Bob Kerrigan.

Did the Citizen's elect you as Mayor Bob???

Let's get to my point here!  Kerrigan states that the firefighter's lawsuit was frivolous.  I can not see what is frivolous about a lawsuit that documented decades of racial discrimination and outright workplace tolerance of racist behavior. All of this activity was ignored by City Administrations and dismissed with verbal warnings to individuals involved, with some repeat offenders actually being promoted all the way to Fire Chief.

This past summer I studied the cases that have been filed over the years by black firefighters and the disgusting ignorance displayed by past City Administrations and their complete cover up of the racist behavior.  Outside law firms were hired to minimize racist actions and dismiss racial discrimination issues brought to the City HR department.  Hundreds of thousands of taxpayer dollars were spent to defend undefendable actions.

I posted the affidavits of several fire fighters regarding their treatment. These statements are sworn to under oath.  You can read what they endured at the link below.

Recently, Mr. John Newton, the first black firefighter hired by the PFD, came to City Council and shared only "part of his story" with the City Council. The transcripts of his statement to Council and to City Administrator Eric Olson, himself subject of an EEO complaint, are at the link below.

Evidently, this documented history of racial discrimination is what our Mayor's closest ally and supporter Bob Kerrigan deems FRIVOLOUS??? This is the type of advice and guidance our Mayor is receiving daily from one of his primary campaign contributors and confidant.

But Mr. Kerrigan claims he anonymously funded a MLK non-violence training.

Mr. Kerrigan, only you know where you truly stand!  In my opinion, Mr. Kerrigan, you appear arrogant, elitist and lack any situational awareness with regard to the issues these firefighters have faced.

From where you sit, you must choose to ignore this truth about the past in our community.

The firefighters that stood up to the racial discrimination in our PFD did so to make sure the black men and women to follow them as our City's public safety officers would NEVER have to face these issues again.  They have made a difference in their department and change has occurred because of their courage. 

Can you imagine a picture of frivolous?
I can!  Notice who is in the background!

Wednesday, April 6, 2016

Kerrigan's Pants on Fire!! Kerrigan Hides the Evidence!

Bob Kerrigan, the Mayor's puppet master, posted on my blog the other day:

"Every word of what you have published is a lie. By the way I have never met Mr. Glover and I have never ever said a word about or against him."

Well, I have proved twice (including pictures) that Kerrigan has been a fixture at Beggs & Lane with no City mandate or contract to be there.

Well now lets dive into the biggest lie Kerrigan told.

"By the way I have never met Mr. Glover and I have never ever said a word about or against him."

Kerrigan has a strange little newsletter he writes called the "Bowling News".  I have discussed it before.

Kerrigan in the last 24 hours has realized he was caught lying and pulled down his March Bowling News from his blog.  It was posted to the blog below on March 8, 2016 and as of this morning, its gone!

What Bob didn't realize is that a cached copy is still visible on the Web and it still contains the deleted post.

"This is Google's cache of It is a snapshot of the page as it appeared on Apr 5, 2016 14:37:44 GMT. 

The current page could have changed in the meantime."

What Kerrigan says in his rant is:

We welcomed the new city council president who spoke to us about all the employees he wants to hire to establish a shadow city government. He said that the kinds of decisions they need to make require a greatly expanded work force. He wants to tackle the Global Warning debunking and other international issues. He said that he has demonstrated his ability to take on the big issues and make decisions in a timely way citing the food trucks and free parking for him. He explained his leadership role which sadly is ending in eight months. He mentioned the cheap shot he received about being a “Mary Kay Husband” but it would not deter him from being the leader God called him to be. One of our members asked him what he did at City Hall all day; he said that was no one’s business but he and Sherry Myers’. He was asked about an employee who sued the city, who is now suspended, previously costing the city thousands. He said that although the employee lost the prior suit and the city had to pay thousands in lawyers’ fees, he encouraged other employees to file frivolous suits because that allowed him to support them when they lost, which is what good leaders do.

Hey Bob, who were you talking about in the bold area above?

You said I was lying Bob...everything I said was true.

You were at Beggs & Lane.
You lied about "never ever said a word about or against him" (Glover)
You are a liar Bob!

The you tried to cover your lies by taking down the evidence Bob!  That makes you intellectually dishonest Bob!

Intellectual dishonesty is a failure to apply standards of rational evaluation that one is aware of, usually in a self-serving fashion. If one judges others more critically than oneself, that is intellectually dishonest.

You are busted Bob!

Tuesday, April 5, 2016

Kerrigan At Beggs & Lane Again Today; No recognized role with the City

I got a call from a source that let me know that Bob Kerrigan was holed up AGAIN at Beggs & Lane again today.

I understand he did try to hide a little better parking in the lot across the street down toward the port rather than right in front of the building.

For someone who has not been retained by the City in any matter he is knee deep in something.

RE: PUBLIC RECORDS REQUEST of 3/31/2016 Reference # W001253-033116 for the following information: 

Any current contract or retainer agreement in place between:
the City and Bob Kerrigan
the City and Kerrigan Estess Rankin

Dear Maren DeWeese, 

This letter responds to your public records request to the City of Pensacola, dated and received on 3/31/2016.

The City of Pensacola has reviewed its files and has determined there are no responsive records or documents to your request. 

What has the City stated in the press was to be done this week.....oh yeah, the Fire investigation.

Monday, April 4, 2016

Bob Kerrigan Was At Beggs & Lane Again TODAY. Pictures Worth a Thousand Words!

Bob Kerrigan responded to my post that I had a source that stated he was standing outside of Russell VanSickle's office at the Mayor's Criminal Defense firm when one of the Fire investigation interviews was concluded.

Let me restate Mr. Kerrigan's words:

"Every word of what you have published is a lie."

False, Bob? My source is solid.

So today I drove down to Plaza De Luna to go around the circle after an early lunch.  It's a Pensacola thing!

As I was driving back past Beggs & Lane I saw a nice black Jaguar from Palm Beach Jaguar!

Any idea whose car that is at Beggs & Lane.  Well it was sitting at the law offices of Kerrigan Estess Rankin this afternoon. Jaguar from Palm Beach Jaguar.  Same bird poop stains.

Hmmmm Bob?  I'm a liar??

For more than 130 years, Beggs & Lane has represented a broad and diverse client base, including major corporations, businesses, professionals, non-profit organizations, and individuals.

What do they need you for Bob? 

What would Bob be sticking his nose in at Beggs & Lane?
  • Discussing the Mayor's criminal defense investigation?  Bob doesn't do criminal law.
  • Discussing the Fish House case?  City lost and court records say you withdrew from the case in October 2015.
  • Does Bob make house calls now to car accident victims?
What else could Bob be discussing at Beggs & Lane?  

Are you discussing the Fire Chiefs Bob?

Hey Chiefs, save Bob Kerrigan a subpoena for your lawsuits against the City!

Kerrigan Responds

Let's see if we can put the hay down where the goats can get it. You make up a story and then demand the person you implicated in some nefarious act has to answer your questions to prove they are innocent of the offense you baselessly accused them of doing. I suspect all these anonymous writers are in fact you and whoever joins with you in this childish rumor game. That is why no named sources are ever revealed. So now it is time for you to publish the name of your source of by not doing it admit you made it up. Do you have trouble understanding? Every word of what you have published is a lie. By the way I have never met Mr. Glover and I have never ever said a word about or against him. I have never met with anyone about whatever is involved with the fire department because it is none of my business. This is how people like you and your hateful speech fuel racial discord. I know you love it and these so called anonymous writers do as well. It is certainly not helping our community relations. But, that is of no concern to you. Do you know who paid to have the Martin Luther King non-violence training for the Escambia County law enforcement officers? Fred Levin and I did for $35,000.00 and we did it anonymously at the time. We did it to help our African American community that was dealing with racially based conflict with white police officers. You are disgusting and I repeat intentionally fueling racial discord. So please stop it. Bob Kerrigan

Myers Takes Larry B to Task...Larry a Rule Breaker??

In a recent email to the press, Councilmember Sherri Myers pointed out some facts that indicate that Larry B. Johnson is a "rule breaker" also.

In case you haven't been keeping tabs on how long council members speak at City Council meetings, I would like to share this link with you from Nov. 24, 2015.

If you will go to 23.08 Larry Johnson begins to speak regarding agenda item # 1 having to do with EDATEs for Daily Convo.  He speaks and engages in discussion with various individuals until 35.53 on the video (almost 13 minutes).  He then speaks again 2x for a total of five and half minutes.  Councilman Bare allowed Johnson 17 minutes to speak and ask questions.  I find it truly incredible that Larry Johnson is concerned about council members speaking over their allotted time. 

LBJ, did you brake the rules also?  

Myers breaks the rules!
Johnson breaks the rules!
Bare doesn't enforce the rules!
Cannada-Wynn wants a legal opinion on everything from the Bobblehead. (Hint: It will be whatever Ashton wants)
Spencer keeps promising District 6 he will handle issues. They never get handled.
Wingate looks like he wants to throw a shoe at the Mayor.
Terhaar doesn't consider himself a District Councilmember
Wu is happy to find his seat.

City Council...Oh I miss it soooooooooo much!

Citizen Lets Olson Have It on Fire Chiefs

Below are statements made by a Citizen to City Administrator Eric Olson:

Eric Olson, this wreaks of the Melanie Nichols case just months ago when you tried to get her fired at her job for speaking out against that tower being put up in her neighborhood. As a result, a vote of “no confidence” was taken, and I’m disappointed it didn’t pass.

And now doing the exact same thing, again, with the 2 top leaders in the fire department that you tried to do to Melanie Nichols: as I see it you’re trying to get them fired !!!!!!!!!!.  Fire Chief Matt Schmitt has been with the fire department for more than 36 years. Deputy Fire Chief Joseph Glover has been with the fire department for over 25 years and from what I can find they both have a good record.  I see this action you have taken as deliberate retaliation because they filed a complaint with EEOC.

Here is how I see it: With so little information out there, I can only come to this conclusion: You ask them to come to city hall and then ask them to surrender their keys and badges. And when they asked what they did, you had no answers.

In my opinion, I believe it has to do with the Systemic Racism that exists here in Pensacola. It is my opinion that the administrative leave you put in place against these 2 leaders in our community is a direct result of them filing unfair wage practices with the EEOC.  This is your attempt to shut them down. Is it because you’re afraid of what the EEOC investigation will find?????? That Deputy Fire Chief Joseph Glover is totally qualified and the only reason he didn’t get paid the same as the person who’s job he took was because of the color of his skin?

So you concocted this bogus scheme and wouldn’t give the public or them details because you didn’t have anything. You needed time to dig something up and see if you could throw it to the wall and hope it would stick. So you come up with this: they conducted job interviews that didn’t go along with procedure. What about the other people involved with this procedure? Why weren’t they put on administrative leave?

You’re taking the Fire Chief Schmitt down with Deputy Glover because he supported Deputy Glover. To me, I see it as you saying: How dare you do file this complaint- I’ll show you!  Just like you tried to do with Melanie Nichols!!!!!!! Mr. Olson said it was a coincidence that changes were made to the city’s human resources manual regarding its administrative appeal process on the same day the firefighters were placed on leave, hours after Fire Chief Schmitt requested an administrative appeal. From what I have tried to find out, you, Mr. Olson, have the final say on the appeal process now.
And now you’re trying to sell it to the citizens of Pensacola that this was a coincidence???? How stupid do you think the public is?????????? This is your way of sending a message of intimidation that you better not question anything you or the city does, because if you do, you’ll suffer the consequences of your actions. If you can take down the top 2 people in the fire department, then you think you can send a message to everyone else that they better think twice, because if do they do speak out, you, Mr. Olson, will see to it that they lose their job. You seek to rule by intimidation and retaliation.

And now you have warned city employees they could face disciplinary action should they speak out about the 2 city fire chiefs!!!!  Are you kidding me?? Are you a Gestapo ?????????????????

I hope these firefighters sue the city and the truth comes out!!!!!! You, Mr. Olson are a disgrace to this city and I am asking for your resignation. 

I don't think that is a satisfied Citizen, Mr. Olson!