Friday, September 30, 2016

The Transparent Hayward Administration Lies and Hides...Then Commits Fraud

Ashton Hayward makes a big deal about being "Transparent".  He has a "Transparent Pensacola" webpage that only is "transparent" when he wants to get his propaganda out.

Vernon Stewart is the Public Information Officer that when you ask for public information informs citizens that ask questions that "At this time, we are respectfully declining to respond to this inquiry."

How does that work in government?  A Citizen and taxpayer asks their city a question, and the City "declines to respond".

The City has been playing games with me on the Southwest inquiry for weeks.  The fire department knows they failed on several fronts and they want to deny, delay and avoid their failures.

 I asked for records for the PFD on August 29, 2016 (over a month ago).  

Here was the inquiry:

Southwest Airlines Emergency Landing at PNS on August 27, 2016 I request the Fire engines that responded, manpower on each responding engine, ARFF units responding and manpower on each responding engine. response times, incident report, time on scene, equipment dispatch logs for the entire PFD for 2 hrs prior to the incident and 2 hours after the incident. The name of the on scene commander and his entire training history. In addition, I request training summaries for each person responding to the scene in aircraft fire techniques and procedures.

This is the response I got from the City:

$ 555.19

This is FRAUD on the part of the City.


  • Fire Engines that responded - INCLUDED IN INCIDENT REPORT
  • Manpower on each engine - INCLUDED IN INCIDENT REPORT
  • ARFF units responding and manpower on each engine - INCLUDED IN INCIDENT REPORT
  • Incident report - provided without charge (included below)
  • Dispatch logs 2 hrs before and after - provided without charge
  • Name of the on scene commander- INCLUDED IN INCIDENT REPORT
  • Commanders entire training history
  • ARFF Training summaries of all on scene - SUMMARY PROVIDED TO FAA ANNUALLY

Really?  So 10 hours of the Asst Chief's time and 20 hours of Shaud's time for $555.19 for one firefighter's, Nathan Edler, training?

Every year the City of Pensacola must provide the ARFF trained firefighters list to the FAA as part of running a Part 139 airport.  Complying with my request would take seconds to pull the last report to the FAA.

Are Redding and Shaud part of a fraudulent attempt to extort money from a Citizen to discourage her uncovering the failures of the City of Pensacola Fire Department's emergency responses and exposing just how unsafe our airport fire safety is?

Who instructed Redding and Shaud to put up a bogus fraudulent cost estimate?

Now I need to talk with the SAO along with the FAA and NIMS.

I'm gonna be busy!

Thursday, September 29, 2016

Southwest Fire Response Issue 3: Transfer of Command

One thing that jumped out at me is how the record reflects Acting Battalion Chief (not promoted) Nathan Edler indicated on the radio that he assumed incident command when he wasn't even at the Airport yet.
  • First, the two ARFF units were onsite so, if figures that one of the two ARFF drivers, both Lieutenants, was the onsite incident commander.  
  • One question, is how can an ARFF driver be both an equipment operator and an incident commander?  Fire experts I discussed this with make the comparison of either:
    • The conductor of the symphony also playing Violin at the same time or
    • The pitcher on a baseball team also playing shortstop while pitching
  • The time stamps on the incident report clearly indicate: 8/27/2016 9:37:39 BTC1 ASSUMING COMMAND
  • The time stamps of the vehicle logs for BC1 (Edler) clearly indicate:  ARRIVED 8/27/2016 9:41:13


Captain Nathan Edler, acting as a Battalion Chief, assumes Incident Command almost 4 minutes before he arrives on the scene.

How does that work?  Fire experts I discussed this with say this is the biggest error made in the entire response.

Below is a detail of the transfer of command process from standard fire operating procedures:

Transfer of Command process

A. The first fire department member arriving on the scene will automatically assume Command. This will normally be a Company Officer, but could be any fire department member up to and including the Fire Chief.

B. The first arriving Company Officer will assume Command after the Transfer of Command procedures have been completed (assuming an equal or higher ranking officer has not already assumed Command). IC #1 is usually a Company Officer.

C. The first arriving Command Officer should assume Command of the incident following Transfer of Command procedures and becomes IC #2.

D. Subsequent arriving Command Officers should report their location to the IC, and wait for an assignment. The first arriving Shift Commander ( preferably from the appropriate city that the incident is located in if available) will assume the roll of Senior Advisor and assist the IC. The second arriving Shift Commander sets up the Command Van (CV) and manages the movement of Command to the CV. The Senior Advisor, IC and Support Officer become the Command Team (Incident Advisory Team). The Command Team may assign additional staff such as a Safety Officer (relieves the Support Officer’s ISO responsibility) and a Staging Officer.

E. Assumption of Command is discretionary for Assistant Chiefs and the Fire Chief.

All of the above transfer procedures use the term ARRIVING.

Not four minutes away.

National Incident Management System Training materials are clear on Transfer of Command. 

Lesson 7: Transfer of Command

Lesson Overview

The Transfer of Command lesson introduces you to transfer of command briefings and procedures.

Lesson Objectives

At the end of this lesson, you should be able to:
  • Describe the process of transfer of command.
  • List the essential elements of information involved in transfer of command.
Transfer of Command

Transfer of command is the process of moving the responsibility for incident command from one 

Incident Commander to another.

When Command Is Transferred

Transfer of command may take place for many reasons, including when:
  • A jurisdiction or agency is legally required to take command.
  • Change of command is necessary for effectiveness or efficiency.
  • Incident complexity changes.
  • There is a need to relieve personnel on incidents of extended duration.
  • Personal emergencies arise (e.g., Incident Commander has a family emergency).
  • Agency administrator directs a change in command.
A More Qualified Person Arrives

The arrival of a more qualified person does NOT necessarily mean a change in incident command.
The more qualified individual may:
  • Assume command according to agency guidelines.
  • Maintain command as it is and monitor command activity and effectiveness.
  • Request a more qualified Incident Commander from the agency with a higher level of jurisdictional responsibility.
Transfer of Command Procedures

One of the main features of ICS is a procedure to transfer command with minimal disruption to the incident. This procedure may be used any time personnel in supervisory positions change.

Whenever possible, transfer of command should:
  • Take place face-to-face.
  • Include a complete briefing.
The effective time and date of the transfer should be communicated to personnel.

Transfer of Command Briefing Elements

A transfer of command briefing should always take place. The briefing should include:
  • Situation status.
  • Incident objectives and priorities.
  • Current organization.
  • Resource assignments.
  • Resources ordered and en route.
  • Incident facilities.
  • Incident communications plan.
  • Incident prognosis, concerns, and other issues.
  • Introduction of Command and General Staff members.

My Take:  There are things in life you must be onsite for to be in command:
  1. A child's birthday party at Chuckie Cheese.
  2. Conductor of an orchestra.
  3. Umpiring a baseball game.
  4. Singing the National Anthem
  5. Dropping the Green Flag at a race.
  6. Directing traffic when a stop light is out
  7. Drawing bingo numbers
  8. Being a Judge.
  9. Delivering babies.
The Professionals take:
  1. Taking command must be done onsite and has a specific process and procedure.
  2. You can not under any circumstance assume Incident Command 4 minutes away from the incident.
  3. Key decisions must be made regarding preparation and response ONSITE as the Incident unfolds.
  4. Incident Commanders can't make the proper decisions while still driving to the Incident from breakfast.
  5. Nathan Edler made a serious mistake in assuming command offsite in this emergency.
What has Chief Allen done to correct the situation for the future?

I have asked for the answers to the questions posed in my previous post and received this response from the City.

From: "Vernon Stewart" <>
Date: Sep 27, 2016 9:45 AM
Subject: RE: Article on Southwest Airline Response
To: "Maren DeWeese" <>

Hi Maren,

I have spoken with Chief Allen. At this time, we are respectfully declining to respond to this inquiry. If there is anything else that I can help with please let me know.


Vernon J. Stewart
Public Information Officer
Office of the Mayor

Well maybe somebody at the FAA or Homeland Security can answer my questions.

Wednesday, September 28, 2016

Southwest Fire Response Issue 2: Failure To Meet Mandated FAA Response Times

The Incident Report at the link below logs the Alarm and Arrival Times of each engine that responded to the Southwest engine failure.

Incident Report

The FAA Airport Operations Manual regarding Fire



(h) Response requirements. (1) With the aircraft rescue and firefighting equipment required under this part and the number of trained personnel that will assure an effective operation, each certificate holder must—

(i) Respond to each emergency during periods of air carrier operations; and
(ii) When requested by the Administrator, demonstrate compliance with the response requirements specified in this section.

(2) The response required by paragraph (h)(1)(ii) of this section must achieve the following performance criteria:

(i) Within 3 minutes from the time of the alarm, at least one required aircraft rescue and firefighting vehicle must reach the midpoint of the farthest runway serving air carrier aircraft from its assigned post or reach any other specified point of comparable distance on the movement area that is available to air carriers, and begin application of extinguishing agent.

(ii) Within 4 minutes from the time of alarm, all other required vehicles must reach the point specified in paragraph (h)(2)(i) of this section from their assigned posts and begin application of an extinguishing agent. 


FAA Manual Link

Lets see how the PFD performed under Ashton J Hayward III, Daniel Flynn and Chief David Allen:

  • ARFF 110 ALARM  9:28:42     Arrive 9:30:40   Other Vehicle Within 4 Minutes  PASS
  • ARFF 112 ALARM  9:28:42     Arrive 9:30:36   First Truck   Within 3 Minutes    PASS
  • BC 1          ALARM  9:28:42     Arrive 9:41:13   Other Vehicle Within 4 Minutes  FAIL
  • E2              ALARM  9:28:42     Arrive 9:41:03   Other Vehicle Within 4 Minutes  FAIL
  • E3              ALARM  9:28:42     Arrive 9:36:33   Other Vehicle Within 4 Minutes  FAIL
  • E6              ALARM  9:28:42     Arrive 9:40:20   Other Vehicle Within 4 Minutes  FAIL
  • L16            ALARM  9:28:42     Arrive 9:41:08   Other Vehicle Within 4 Minutes  FAIL
Only the 2 MANNED ARFF Units on the Airport property met the FAA required response times.

The 3rf ARFF Unit did not meet the required 4 minutes.

Five of Seven Units Dispatched FAIL to meet the FAA required response times.

Time to let the FAA know how Hayward, Flynn and Allen operate the Airport!

Tuesday, September 27, 2016

Southwest Fire Response Issue #1: ARFF Manning

In reviewing the Southwest incident report below, you will notice that the first two units on scene are the ARFF units, ARFF 110 and ARF 112. These yellow fire trucks are specialized for responding to aviation incidents.  See page 2.

The two units are manned 24 hours per day seven days per week at Pensacola Regional Airport.
By two firefighters.
Two trucks, two drivers.

Based on the time logs, the two ARFF units arrived on the scene at 9:30

Acting Bat Chief 1 arrived at 9:41
Engine 2 arrived at 9:41
Engine 3 arrived at 9:36
Engine 6 arrived at 9:40
Ladder 16 arrived at 9:41

So, if this had been an unannounced crash incident, not a radioed ahead emergency landing, for at least 6 minutes after the crash, only two firefighters siting in their vehicles suppressing fire would be onsite with 99 people needing help.

No one to assist passengers.
No one to approach the aircraft.
Just two firefighters.
One in each truck.
Spraying water.


Then when Engine 3 arrives, they get off of their engine to man another ARFF engine.

At this point manpower is up to a total of 5 firefighters.

Boeing 737 with 99 people on board crashes (hypothetically).

First 6 minutes, two firefighters sitting inside two ARFF trucks.
Minutes 6-11, five firefighters on scene
Not until 11 minutes after the crash are 15 firefighters onsite.

Remember this fact the next time you are landing at Ashton Hayward's airport.  He is so concerned about your safety that he has two whole firefighters standing by if something happens.

Feeling safer now about Ashton Hayward's airport?

Incident Report

Monday, September 26, 2016

Incident Report for Southwest Airlines Engine Failure

Below is the incident report from the August 27, 2016 Southwest Airlines flight that experienced an engine failure en route from New Orleans to Orlando.

The flight had to make an emergency landing in Pensacola.  There were 99 passengers on board. The pilot was able to land the plane with one engine without incident.

Incident Report

However, the incident report reveals many issues regarding the Pensacola Fire Department response.
From my list of questions, you will immediately see the glaring issues.

I have sent the list of questions below to Chief Allen and Vernon Stewart.....Crickets!

From: Maren DeWeese
Date: Thu, Sep 22, 2016 at 11:09 AM
Subject: Article on Southwest Airline Response
To: David Allen , Vernon Stewart

Chief Allen and Vernon,

I have been reviewing the City's response to the Southwest Airlines engine failure and have the following questions.  I plan on detailing the PFD response to the incident with commentary from experts on fire procedures who have reviewed the incident report.  I would like your response to the following questions.  I promise I will print your responses exactly has stated without edit.

Do you feel the response to the incident was sufficient?

Were all department policies and procedures followed?

Are there any corrective actions you plan to implement?

When the call came in and the ARFF units rolled, who was the initial onsite incident commander, Lt. Sibley or Lt. Scott?

How can the incident commander also be actively driving and operating an ARFF truck?

Is that not like a player playing pitcher and shortstop at the same time?

What is the department's policy and procedures on assuming command of an incident?

How can Capt Edler, the acting BC, assume command of the incident via radio at 9:37:39 but not be onsite til 9:41:13?

Is that not a violation of the NIMS procedures for assuming command?

How can he direct the response and positioning of units while driving his car enroute?

Why does it take Engine-6 12 minutes to respond from Station 6?

Why does it take Ladder-16 12 minutes and 50 seconds to respond from Station 6?

Why does it take Engine-3 7 minutes and 51 seconds to respond from Station 3?

Who made the call for Engine 3 to abandon their vehicle and man ARFF 111?

Who on Engine-3 that day is a certified ARFF operator? Capt Hoffman, FF Sears or FF Skelton?

Is there a PFD procedure on abandoning a responding vehicle and remanning an ARFF vehicle?

It took Engine-6 10 minutes and 28 seconds from the order to RTQ to AIQ at what I assume was not the same speed?  Why the slow response initially?

It took Engine-3 11 minutes and 33 seconds from the order to RTQ to AIQ at what I assume was not the same speed?  Why the slow response initially?

As a Citizen of Pensacola, a taxpayer and user of Pensacola Regional Airport, I would appreciate a response in my inquiry on the services you provided that day.

Thank you,

Maren DeWeese

With the help of some experienced former and current firefighters I know, this week I will show you just how bad our fire department response to the Southwest incident was, which Federal emergency response guidelines were broken and how much Ashton Hayward, Airport Director Dan Flynn and Fire Chief David Allen are risking the lives of the flying public.

Friday, September 23, 2016

SAO on Settlement "Insufficient Evidence"

The SAO stated there was "insufficient evidence" that a crime occurred regarding the Mayor's action to settle the Bill Reynolds case for $95,000.

Let's play out a hypothetical and see what it looks like.

  • Reynolds slides me an envelope about the Chief of Staff at World of Beer as he and another staffer plot to remove their nemesis with the harassment claim documents. The other staffer releases the same documents to a Citizen that same night using a fake email of something like "Truth at City Hall"
  • I post the claim. 
  • The Chief of Staff and the alleged victim object.  
  • The Mayor promises an investigation to appease the press.
  • During the discussion, Reynolds tells Hayward that he gave me the documents. Maybe he also tells Hayward that another staffer did the same thing to a Citizen.
  • The documents have made the Chief of Staff's return impossible.
  • If Hayward fires Reynolds and the other staffer for the action, he has no one to run the City or give him words to say.
  • Hayward knows the investigation will not uncover anything as he knows Reynolds leaked the documents and Reynolds is doing the investigation.
  • Outzen is POed and doesn't let it go.  After a time he goes to the SAO to investigate the leak along with a sunshine violation.  
  • The SAO asks the City for any information.  The City provides nothing concrete or that identifies the leak.
  • The SAO contacts me to come in to a meeting, a meeting I assume is regarding a complaint for public records requests that the City has not been providing regarding emails. 
  • When I get to the SAO office, the SAO starts asking me who my source was for the harassment leak.  I don't tell him.  He continues to pressure me.  Finally, I tell him the whole incident at World of Beer with Reynolds.
  • The SAO tells Outzen of Reynold's actions.
  • Outzen writes a story.
  • The SAO must confirm the details one last time before Outzen goes to print so the SAO sends State Investigators to my home in order to confirm details so what the SAO told to Outzen is accurate.
  • The SAO tells Hayward about Reynolds and the WOB incident and tells him that he will note the incident in a report to be made public about another Reynolds incident.
  • The Mayor is in a pickle as he has no choice but to let Reynolds go.
  • The SAO never looks into that CJ Lewis was leaked the exact same data on the exact same night so the other staffer's actions aren't known and he doesn't have to be fired.
  • Reynold's knows Hayward must act when the info comes out about the leak.
  • Reynold's is fired assuming he will get the severance package he was promised in his contract.
  • Hayward renegs on the severance package and Reynold's is POed.
  • Reynold's files suit against Hayward (ie "The City")
  • Hayward moves on with life.
  • Reynold's attorney gets the Tamara Fountain information so the slam dunk looks a bit shakey.
  • Reynold's attorney schedules the Mayor's deposition.
  • Larkin delays with excuses.
  • Finally, the deposition is set.  The Mayor must swear under oath.
  • Hayward knows that it will come out that Reynolds told him immediately that he had leaked the information to me and that Hayward did nothing about it.  This would not be good based on the Mayor's previous statements and stance and his statement's when Reynold's was fired.
  • Larkin tells the Mayor that he will recommend as his lawyer who always gets the Mayor out of Charter breaches to quietly settle the case but don't tell anybody.
  • The Mayor agrees this is a good plan and tells Barker to slide it into the salaries line item for the Mayor's office and not to mention it in REQUIRED reports to Council.
  • Barker does exactly what he is told.
  • Larkin tells Bobblehead that he recommends the settlement and that he (Larkin) sees no issues under the Charter.  Bobblehead bobbles.
  • The checks are cut.
  • The budgets are fudged.
  • No one mentions it to Council or the Citizens.
  • Until Outzen gets the file.
"Insufficient Evidence?"  
  • How many interviews did the SAO conduct?
  • How many sworn statements were taken?
  • Could the above have happened?
  • If Hayward used City money to settle the above hypothetical situation, you have a crime.
Special Snowflakes!!

Thursday, September 22, 2016

Airport Ads from His Attorneys

I was going through the airport the other day and noted that the primary ads visible to departing passengers are for Levin Papantonio near TSA and Beggs & Lane after TSA.

I laughed out loud.

I guess people choose a corporate lawyer after just being frisked by TSA.

And most people standing in line for TSA are contemplating who to use if they have an automobile accident.

Maybe occasionally someone has received terrible news about a loved one and is rushing out to help them or comfort the grieving, will look up and see Fred Levin and say "Fred can help me here!"

I would love to have seen the sales pitch Emagination Unlimited and the Potted Plant put on these two firms.

Was it something like these statements?

"You got over $900,000 from the City's BP claim. Ashton said buy an ad for the Airport."

"You have made over $1,000,000 from the City since Ashton has been Mayor.  Ashton said buy an ad for the Airport."

Tuesday, September 20, 2016

Kerrigan = Teapot...Amen Bob Amen!

In another swipe at Quint Studer, Bob Kerrigan writes:

"Mr. Studer says we need to get passed this (negativity) in our community. We will when high profile people conduct themselves honorably. Till then pointing out dishonorable conduct or politically rigged deals really needs to continue."

Yes Bob.  I will.  And the number one culprit of dishonorable conduct and politically rigged deals is your Boy Wonder, Bob.  And how much have you participated in it all?

Depositions are on the way Mr. K!

Monday, September 19, 2016

The Traveling Wu

Where does Councilman PC Wu enjoy traveling to on our dime?  Only the best resorts for Wu will do.  As he travels to various Florida League of Cities events, here are the locations in the last few years he has stayed on us.

What did he EVER bring back that has made ANY difference in Pensacola?  Nothing!  Just selfies with his League buddies!

If anyone can name ONE thing WU has brought back to make Pensacola better, let me know and I will post it!

Are you and your family Livin' the Wu Life?

Hyatt Regency Orlando

Orlando World Center

The Diplomat Resort

Sandestin Beach Resort

Embassy Suites Orlando Lake Buena Vista

Friday, September 16, 2016

Precedent for Malfeasance by Elected Officials In Escambia County

In 1995, an Escambia County Grand Jury indicted Joe A. Flowers for malfeasance in office for:

"willfully and unlawfully performing his duties" by purchasing securities" which he was not authorized by law to purchase"

Additionally, the Grand jury indicted Flowers for:

"willfully and unlawfully performing his duties" by purchasing securities "which he was not authorized by law to agree to do"


These indictments were made under common law as defined in 775.01 Florida Statutes.

They are misdemeanors.

Have Hayward, Barker and Bowling all potentially committed malfeasance under the law?

We should see what the SAO thinks.

Thursday, September 15, 2016

After My Email to Reynolds Attorney...Allen Norton and Blue Denies and Starts the Threats

Yesterday, I shared an email I sent to Bill Reynolds attorney pointing out how Tamara Fountain did exactly what Bill Reynolds did but was not terminated.  I even supported it with the evidence.

Rob Larkin, the Mayor's hatchet man at Allen Norton and Blue sent me the letter below.  In it he tries to state how the Fountain action sharing her threats and accusations against Airport Director Dan Flynn with a non-City employee contractor is sooooo different from Reynold's sharing employee complaints with me.

By addressing me directly and my facts, it shows that the punch landed. Otherwise why not just blow me off.  Larkin may have thought the "slam dunk" could go off the rim in court.


Well, once I received the Larkin threat,  I, of course, backed down and went and cowered in the corner.

Ahhh No!

I responded as follows:

Mr. Larkin,

Thank you for your letter.  I would like to provide you with additional information regarding your letter that you may not have been aware.
  1. The FY 2015 Budget includes the City of Pensacola Functional Organizational Chart which very clearly reflects that the Pensacola International Airport reports directly to the City Administrator (not the Chief Operations Officer).
  2. Ms. Fountain's own profile on the City of Pensacola website, which by the way is under her control, states she is an "advisor" to the Mayor and key management staff.  It also states she has responsibility for the City's Human Resources and Technology Resources, which again is not what was submitted to Council with the 2015 Budget which states these functions report directly to the City Administrator.
  3. The Airport website, which you state Ms. Fountain is responsible for and has direct supervision of, states specifically that the Airport Director reports to the City Administrator.  
I'm sure you can now appreciate that based on the documents noted above and attached, the publicly available information of this "transparent" administration indicates that, in fact, you may be mistaken. 

If there have been documented changes to the reporting structure of the Departments of the City, please let me know so that I can be accurate.

Thank you for clarifying that the documents I received were public documents.  I was of the same belief. 

As to the last issue, please recall that the State Attorney ruled that while the document Mr. Reynolds provided me, unsolicited, was in fact exempt it was not confidential.  He deemed it "inappropriate".  See attached.

So that I have my facts clear and accurate in describing Ms. Fountain's actions, was her transmittal of the threat of termination sent to Mr. Flynn and two minutes later forwarded to Mr. Henderson appropriate to be disseminated, acceptable behavior under the City's Human Resource policies and in accordance with the City's Ethical Standards and Code of Conduct which states:

No City employee shall make disclosure or use of information not available to the public for any employee’s personal gain or benefit or for a private purpose or for the gain or benefit of any other person or business entity, nor shall any employee disclose any confidential information gained by reason of his or her official position with the City.

I look forward to your response.


Maren DeWeese

Once Larkin found himself in a hole, he quit digging unlike the Mayor.

He responded.

Ms. DeWeese,

I am in receipt of your response to my letter dated April 24, 2015.  Please be advised that based upon the information you provided, the City’s position concerning your misplaced allegations against Ms. Fountain remains unchanged.

Robert Larkin

Robert E. Larkin, III
Board Certified Labor & Employment Law
Allen, Norton & Blue, P.A.,
906 North Monroe Street
Tallahassee, Florida 32301
0ffice: 850-561-3503

Then the City Airport site was changed and the org chart changed to note what Larkin had claimed.

Wednesday, September 14, 2016

From Slam Dunk to Settlement...What Happened?

When Bill Reynolds shared the complaint by a staffer with me at WOB (unsolicited), Hayward terminated him saying:

“Last week, I received the disappointing news from the State Attorney’s Office that Bill Reynolds chose to leak a confidential employee complaint. The wellbeing of the City’s hardworking employees is one of my top priorities. Mr. Reynolds’s actions violated this sacred responsibility. This is unacceptable to me."

Reynolds sued saying he was owed his severance and PTO.  The case against Reynolds was called a "slam dunk".  No way he could win.

Then why did Hayward move to settle a "slam dunk" case.

Weeeeeellllll, in April 2015, I sent the following email to Reynold's lawyer and others:

From: Maren DeWeese <>
Date: Thu, Apr 23, 2015 at 11:08 AM
Subject: Reynolds v. City of Pensacola
To:,,,, Ashton Hayward <>, phillip Hoffman <>,,

Mr. Odom,

I noted that you presently represent Bill Reynolds in his case against the City of Pensacola.

Mr. Reynolds was allegedly terminated from the employment of the City of Pensacola for "leaking" confidential human resource related documents outside the City of Pensacola's internal processes. 

In announcing Reynolds termination, Mayor Hayward stated in his press release:

“Last week, I received the disappointing news from the State Attorney’s Office that Bill Reynolds chose to leak a confidential employee complaint. The wellbeing of the City’s hardworking employees is one of my top priorities. Mr. Reynolds’s actions violated this sacred responsibility. This is unacceptable to me."

The Mayor stated that Mr. Reynolds actions "violated this sacred responsibility" to the City employees.

I would like to detail a remarkably similar situation of which I am aware that could have a direct bearing on Mr. Reynolds case. 

I recently made a public records request of emails of Tamara Fountain, the Mayor's current Chief Operating Officer.  Under the City's current organization structure, all department heads report to the Chief Administrative Officer.  At the time of my request that was Dick Barker.  I noted an email whereby Interim Airport Director Dan Flynn, a City employee, emailed his superior, Mr. Barker, wanting to discuss pressure he was receiving from a marketing contractor, Chip Henderson of Emagination Unlimited.  Mr. Barker took no action that I noted but to forward the email to COO Fountain.  At 6:44pm on a Friday evening, Ms. Fountain, in her capacity as COO, sent an email to Director Flynn threatening his employment and accusing him of insubordination.

At 6:46pm that same evening after threatening the employment of a City employee who does not directly report to her, COO Fountain then forwarded the termination threat to airport marketing contractor Chip Henderson at his business email address,

This email to Henderson disclosed to Henderson outside of the City's internal HR processes the alleged insubordination of Flynn, the threat against his gainful employment with the City and potentially deprived Mr. Flynn of his rights as an employee to confidentiality regarding his employment matters.

The circumstances surrounding a leak of confidential HR related information between Mr. Reynolds case and Ms. Fountains actions appear similar in that they both shared City internal HR related information outside of City established processes and procedures.  The difference is that Mr. Reynolds intentions were to apparently uncover an alleged unacceptable treatment of a City employee by a senior Hayward staff member while Fountains apparent intent was to embarrass and demean Flynn's authority over a contractor working under his authority as Airport Director.

The City of Pensacola Ethical Standards and Code of Conduct state:

No City employee shall make disclosure or use of information not available to the public for any employee’s personal gain or benefit or for a private purpose or for the gain or benefit of any other person or business entity, nor shall any employee disclose any confidential information gained by reason of his or her official position with the City.
  • Fountain made the disclosure
  • Her threat was information not available to the public which she used
  • Did it benefit Emagination Unlimited in it's dealing with the Airport staff?
  • Did Fountain disclose confidential information gained by reason of her official position with the City? 
  • Is the release of HR data outside the City allowed?
The Mayor's office has been aware of Ms. Fountains actions for over a week and has not and probably will not take any action against her in this matter.
Apparently, in the Mayors opinion, the "sacred responsibility" to employees is not so sacred.

I hope this information is useful to your case. 

I have also copied the City's three employee unions so that they can see the application of the Mayor's "sacred responsibility" to the City's employees and his consistency in application of those standards.

Attached are copies of both emails from Ms. Fountain.

Warmest regards,

Maren DeWeese


As the City file for the case comes out, you will see this email to the parties is referenced several times in the discovery.

Did I help block the Mayor's Slam Dunk when I pointed out Fountain got no repercussions for doing the same thing Reynold's did?


More on this tomorrow!

Tuesday, September 13, 2016

Outzen Bombshell: Hayward Paid Off Reynolds

Rick Outzen published the settlement agreement paid to former City Administrator Bill Reynolds.  It amounted to $80,000 for Reynolds and $14,000 for Reynold's attorneys.

Now, if I recall, the Mayor said he fired Reynolds for cause for leaking information to me at the World of Beers.

Why would the City have to pay anything if Reynold's was released for cause?

Chief Schmitt did not get his 500 hours of PTO!
Chief Glover did not get his 500 hours of PTO!

Outzen notes that the Mayor was facing a SWORN DEPOSITION in the Reynolds case.

What could the Mayor have been so scared of swearing to that he would pay Bill Reynold's $95,000 not to have it come out?

Did the Mayor have the authority to enter into the settlement?  My sources say NO!

In fact, my sources say it may amount to malfeasance.

Council should have approved the settlement.

Where did Barker bury the settlement amounts?

This tar baby has so many issues it will be going on for a while.

Monday, September 12, 2016

Still Protecting the Wu!

The Upside is giving me the Upyours again!

I made a public records request for all travel expenses for PC Wu for the last three fiscal years.  Here is an update:

  • Request submitted - August 24, 2016
  • Received a cost estimate of $28.23 - September 7, 2016
It took two weeks for someone to estimate how much to stick it to me.

On Friday I paid it in full although only half was due.

So what will be done by staff:


1.00 hour  Mandy B. – Personnel services required to locate, review, and copy records responsive to request.

1.00 hour Matt S. – Personnel services required to review and redact records responsive to request.

If it takes Mandy Bills five minutes to pull the Wu travel file and make the copies, I would be shocked!  I could walk into City Hall and go the file myself right now!

I can't figure what is going to take the former Levin Papantonio intern wasting his law degree on being a clerk an hour to redact.  If there are any redactions, I may contest them.

The Upyours just likes to make up fraudulent time to perform the reviews because the City has no timesheets that would verify that the charges are false.

Ho hum!  These are state mandated forms people. Just gets closer to election day!  

Bad for Wu!

Friday, September 9, 2016

Sit Down for This One!

We honor our first responders for their service.
We do that with our words.
Hayward makes a big deal out of his pictures with them.

What he doesn't do is pay them a wage that honors that service.

I was reviewing the employee file of the PFD's latest hiree.  Do you know what he makes?

$10.05 per hour!

Are you serious!  Hayward starts his personal admin assistant at $15 per hour and his firefighters at $10.05.

And Chief Allen bends over and takes it!

Boy, the 707 is representing the new firefighters so well.  11% contribution to a reduced pension for $10.05 per hour.  Over $1 of the $10.05 is going toward the pension.  $9.05 with a retirement.

You make more working at the mall than saving lives in Pensacola.

No wonder we can't fill the fire slots!!!

You are a cheapskate Mayor Hayward.  You should be ashamed!

Thursday, September 8, 2016

Hayward's Epic Fail...Now he wants Mixed Use

Below is a video of the Mayor touting Deepflex when it was announced.

He talks about how the port is a vital economic engine and the offshore industry is his growth industry.

Fast forward two years, has he fought for anything.  No!
He rode Offshore Inland's coat tails.

Now what does he want to do at the port?
Cuba trade?  No.
Imports? No.
Export more wind turbines? No.
Go to GE to see what else they can export from here.  No!
Talk to GE about leasing the whole facility.  No!

Another study to move to mixed use at the port.

"We need to look at all our assets," Hayward said. "I think privately you're seeing that and I think publicly we owe it to the taxpayers to look at it and see where we're going in the future. I think all of us five and half years ago looked at the port intelligently to focus on the oil and gas sector and we obviously know whats going on in the oil markets. So I think we need to do this."

Because he has done soooooo well with the Maritime Park, we need more vacant real estate?

Only Ashton Hayward can make a big deal of the UWF Maritime History Trail while proposing closing the largest link to that history.

Ashton Hayward, Pensacola's Biggest Failure.

You have touted Pensacola's potential every year of your tenure as Mayor.  Sooner or later you must admit that you failed to either market that potential effectively or manage that potential's utilization.

Wednesday, September 7, 2016

You knew it was coming!

I had a Hayward Kool-aid drinkin' devotee post the following:

"I may not be great in math, but I do understand that questioning surveys is usually an intelligent move. I looked at the methodology on the report. It said that 800 people were randomly chosen from the Escambia County voting roll. (Mason-Dixon Polling & Research, Inc. located in Washington, D.C., conducted this survey from June 22-28,2016. Eight hundred (800) registered Escambia County voters were interviewed by telephone.) shows TOTAL registered voters are 203,364. The sample accounts for 0.004 of the registered voters. Somebody check my math! If only 4 one thousandths of the population were surveyed, then one has to wonder what a larger sampling would have revealed."

"one has to wonder what a larger sampling would have revealed."

Does one?

You are right groupie, Mason Dixon is just like the local poll dude.  

  • Poor reputation
  • Don't know what they are doing.
  • Trying to get the Mayor of podunk P'cola
  • Has a hidden agenda
  • Doesn't know how to sample
  • Are a bunch of Hayward haters
What are you people smoking!  It's not legal yet.

Below is a ranking of every major polling company in America.  

Mason Dixon is rated B+ on a national scale.

Since 1983, Mason-Dixon Polling & Research, Inc. has conducted surveys in every state in the country, on almost every public issue, and tracked every major election and referendum. During this time, Mason-Dixon has earned the reputation as the most credible and accurate independent polling firm in the nation.

415 Mason Dixon polls were analyzed.  86% called correctly.  Simple average error rate was 5.2.  

OK give Hayward a 39.2% not a 28.8%!  

Does that make him a golden calf for you again?
Worthy of rose petals at his feet again?

10 Things with a Higher Approval Rating than Mayor Hayward

  1.  IRS 40%
  2.  Obamacare 44%
  3.  Socialism 36% 
  4.  Jeb Bush 35%
  5.  Brad Pitt 42%
  6.  Tim Tebow 49%
  7.  Tiger Woods 42%
  8.  Al Gore 44%
  9.  Dr. Phil 48%
  10.  Sarah Palin 35%
Tied with:
  • Nancy Pelosi 34%
  • Jesse Jackson 34%
  • Rush Limbaugh 34%
Don't fret Ashton, you are still beating:
  1. Caitlyn Jenner 30%
  2. Bill Cosby 25%
  3. Bashar Al-Assad  5%
  4. Fidel Castro 5%
  5. Hugo Chavez 9%

Tuesday, September 6, 2016

PYP Poll Out...Hayward in the Toilet

Mayor Ashton Hayward's approval rating dropped from 66% to 34%.

45% of those polled believe the City is going in the right direction...Down 25% from last year.

Wow!  For years, he has touted that poll as a bell weather on him.  I bet this stings.

Can't wait to hear his explanation with Andrew Tallman tomorrow.

More to come!

ST Aerospace in Trouble?

The City keeps delaying the ground breaking for ST Aerospace's (VT-MAE) new MRO facility. Why?
Then today on AM1620 Doug Underhill makes the following comment responding to a comment by Grover earlier:

"For every one of the CMPAs that you point out, I can point at five things like the Tech Park, we just found out Deepflex is not happening, VT-MAE is probably not happening although nobody is admitting it yet."

What is going on?  Is the Mayor coming up snake eyes on every development?

Friday, September 2, 2016

Protecting the Wu!

There are two schools of thought on incriminating, get the information out so the person has time to defuse and spin it or two, delay, delay, delay and create a bombshell.

The clown show always chooses two!

 All travel expenses and associated receipts of PC Wu for the last three fiscal years.
 Financial Records

This is simple request to fill.  The records are readily accessible. But City Hall can't do easy!

Doin' the Batt Chief Shuffle!