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.

publisher-suing-city-over-public-records/

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!

14 comments:

Anonymous said...

BOOM!!!! Mic drop!

Anonymous said...

Boom! City hall caught in more lies....again. Where is our State Attorney??????????

Liz Watkins said...

Our state attorney is kissing Fred Levin's butt.

Anonymous said...

Glover and Schmidt probably hope that this continues to drag on because one thing's for certain, the longer this thing takes to play out the more City Hall will be exposed for the liars they are. Rusty needs to go....AGAIN and this time for good!!! Forcing someone to submit to an illegal drug test is probably a violation of the 4th Amendment and is an extreme form of retaliation.

Anonymous said...


Maren, you made a couple of mistakes when you wrote this article.

1. You are assuming that Rusty Wells knows the state laws.

2. You are assuming that Rusty Wells, as an officer of the court, is dedicated to telling the truth, the whole truth, and nothing but the truth.

Anonymous said...

The real headline should be, "City attorney doesn't know the law", butt that's not really new news is it? SMH.

Stuffed shirt - well the police aren't subjective the same law as fire

Empty shirt - yes they are.

Anonymous said...

This is getting more disgusting by the day. The Mayor is not just incompetent, he has shown his true colors in this unbelievable witch hunt. I hope Chief Glover has a good attorney from out of town of course. It seems that every law firm in Pensacola is bring paid by or I'd connected in some way to the city. This level of corruption requires the extreme number of attorneys on the payroll.

Anonymous said...

I can't believe what I've just read. Lysia Bowling is worthless and Rusty Wells is beyond terrible. Great legal team at combined $275,000 - $300,000 annual salary!!!

Police officers not only carry a firearm, they work closely with employees who carry one, they work with confidential information or documents pertaining to criminal investigations, work with controlled substances, have job assignments that require an employee security background check, pursuant to s. 110.1127, and have job assignments in which a momentary lapse in attention could result in injury or death to another person. Literally the entire paragraph of the statute on "mandatory-testing positions" describes the duties of police officers.

But of course Ashton has declared that he can do whatever he wishes when it comes to employees. I'm guessing a federal judge is going to disagree.

Anonymous said...

^Thos...When has what the law actually says ever mattered during the Wells era? The truth definitely doesn't matter!

Anonymous said...

This proves beyond doubt that Rusty Wells is a LIAR!!!! The only reason Hayward would keep him on staff is because he has proven himself to be completely unethical.

Anonymous said...

Is Wells a liar, is he incompotent, or both? Either way this should have been a simple question for Bowling and or Wells to answer correctly, especially given their high salaries. It begs the question, How many other legal opinions and questions have been answered incorrectly? If this is the caliber of "legal advisement" we have to depend on in our local government, there's no wonder why millions are spent every year for outside legal services. These are important issues that expose th Ed city to great liability.

Speaking of lying attorneys, it seems that Bob Kerrigan has gone into hiding after being exposed as a liar and mysterious participant in this witch hunt. Apparently the partners at Kerrigan, Estes, Rankin, McLeod & Thompson don't appreciate the extra attention they have been getting lately. I'm guessing, "Need to set someone up for a fall? Just give us a call" is not exactly the slogan the the firm was aiming for!
Obviuosly, one of the smart attorneys told him to stop talking. That's unfortunate because I must say that it was rather entertaining watching Maren flog him publicly with his own lies.

Anonymous said...

Just a thought...Since Ashy always works close to the Chief of Police who carries a firearm, shouldn't he be subjected to "random drug testing"? I would be interested to know what his test results reveal.

Anonymous said...

We should definitely listen to Rusty Wells because we know the truth is going to be the opposite of whatever he says. Just another GOB who is costing the taxpayers a lot of money.

Anonymous said...

Rusty is too busy surfing porn on his government computer to look up an "legal stuff"