Wednesday, May 31, 2017

Bombshell: These allegations are presently unproven and must be proved with supporting documentation

  • The Port is an enterprise of the City of Pensacola
  • Since 2002 Amy Miller has been with the Port of Pensacola
  • As the Port Director, she has primary responsibility for the budget, operations and marketing for the Port.
  • Clark Merritt is the Economic Development Manager for the Port of Pensacola.
  • He has primary responsibility to market the Port of Pensacola.
  • Prior to moving to the Port, he had NO experience with ports, port marketing or Economic Development.
  • His job was never posted for additional applicants but created just for him.
  • While Port Director, it was Amy Miller that pushed the idea of the offshore industry as a port niche, because she had no other major interested parties at the Port.
  • While Port Director, it was Amy Miller that led the Port into the Deepflex debacle.
  • The Port of Pensacola is presently losing money.
  • Glenda White is the Port Operations and Security Manager
  • Ms. White is a long-term employee of the City of Pensacola.
  • Ms. White makes $48,089 in this role.
  • Ms. White's last employee evaluation was in September 2008.
All of the above are facts.

  1. In April, Ms. White allegedly had family issues that required her to take earned personal leave.
  2. In April 2017, the Port Director Amy Miller and the Economic Development Manager Clark Merritt allegedly began to conspire to deprive Ms. White of her employment with the City of Pensacola through a collusive plan to funnel additional compensation to Merritt and another employee at the Port.  
  3. These plans allegedly were initiated by Miller and Merritt without any input from the City Administrator, Human Resources or the City's Chief Human Resource Officer.
  4. The plan allegedly would not have saved the City any taxpayer money in total but merely reallocated the duties of Ms. White to 2 remaining employees and a "permanent temporary" employee.
  5. The conspiracy allegedly included the creation of 2 new job classifications which could be created to justify the planned raises.  This has been a similar technique in the Hayward administration used to funnel select employees additional compensation.  These classifications were allegedly planned and proposed without the initial approval of the City Administrator, Human Resources or the City's Chief Human Resource Officer.
  6. The Port Director allegedly conspired directly with her direct report (Clark Merritt) about the plan including the pay raise before approaching the City Administrator for permission to make the changes and before any discussions with Human Resources or the City's Chief Human Resource Officer..
  7. Merritt allegedly even told Miller possible titles to justify the pay increase.
  8. After allegedly colluding with Merritt, Miller allegedly wrote to Eric Olson to propose the conspired plan.  In the memo she allegedly directly proposes to Olson the title Assistant Port Director that Merritt had chosen when the plan was conspired.
  9. These alleged actions appear to have been proposed to deprive Ms. White of her employment and to funnel additional money to Merritt.
  10. Merritt allegedly does not have the required experience to handle Ms. White's present duties.
I must prove these allegations through independently obtained public records.

Will the City appoint an "independent investigator"?

If proven true, Ms. White should seek Human Resource protection from these actions and potentially legal advice regarding this situation as these alleged practices of the Port staff, if not punished, would show the City's desperate treatment of Department Directors.

The City Fire Chief and Assistant Fire Chief were terminated for variance from City Fire Department and Human Resource hiring processes and procedures. 

If the allegations are proven and no action is taken against Miller and Merritt, the City faces a huge exposure in the current litigation with Chief Schmitt and Chief Glover.

Please note that these allegations have been made by an anonymous source with limited supporting public documents and MUST BE INDEPENDENTLY VERIFIED.

Friday, May 26, 2017

Post Mayoral Jobs for Mayor Hayward

I know the discussion has been on if Mayor Hayward will run for a third term or not.  As he is making the decision, I wanted to offer him some possible careers after Mayor based on some of his accomplishments as Mayor.

  • Director of Governmental Business Development at Beggs & Lane - working with politicians to show them how to generate needless litigation for B&L to handle.
  • Director of Business Development at Roads, Inc. - working with cities to see the genius behind paving every street in the City spending all of the potential street money for over a decade into the future because once it is done no road work will be needed for a decade...right?
  • Chico's model - Hey, he's in the last catalog half a dozen times anyway. Make it official!
  • Executive Director, Pensacola DIB - Hey, he's single handedly responsible for reshaping downtown and has been Peacock's whipping boy for years anyway.  
  • Public Image Officer, City of Pensacola - Just keep sending him to make speeches, appear at photo ops, cut ribbons, and schmooze for a whole lot less.
  • Fire Chief - Allen is retiring.  Hayward knows as much about fighting fires as Allen does. 
  • Partner, Redfish Harbour - He had this job for 5 years prior to office, development still has NOT ONE HOUSE.  After eight years, that job is still available.  After all he is a real estate developer.
  • Chief Model - Laura Bogan Photography - He has perfected this roll over eight years.  The commercial applications should be HUGE!
  • Executive Director, Community Maritime Park - He is solely responsible for the completion and marketing of the Maritime park and the rapid commercial development of the park.  After eight years of his successes, we would not want to lose him here.
  • Chief Greeter Pensacola Intergalactic Airport - Instead of a video of him as visitors arrive, why not just have him personally greet folks as they get here.  He could have a photo booth. Bogan can still take the pictures.
  • Senior Vice President of Developmental Opportunities and Cross Collaborative Endeavors for Projects and Commercially Applicable Professional, Academic and Philanthropic Analysis - Levin Enterprises.  Heck, Fred was paying him for nothing before office, may as well go back to what he was doing.
See Mr. Mayor, plenty of opportunities on the outside.  Move along little doggie!

I've Got Mail!

Thanks for the info!  Wow!  I'm on it!

Looks like collusion.

Tuesday, May 23, 2017

Video of the Hayward Staff Meeting Last Week on the PNJ Port Article

This weekend the Mayor and his flunkie Clark Merritt rolled out his big PLAN for the port.  Have IHMC do a research center!!

Except he never asked IHMC.  They had no idea.

Well, I have obtained a video recording from the Mayor's staff meeting last week where the plan was discussed.

Mayor's staff meeting video

I Had To Chuckle at Underhill...Cut-throughs?

Last night the County Commission took up the issue of the vacation of Rawson Lane.  Now I don't get into county issues much, but when I heard the following quote from Commissioner Underhill, I had to chuckle.

"We discourage the use of roads like Rawson Lane as a cut-through between main arterials all the time," Commission Chair Doug Underhill said before the commission voted. "Therefore, I'm going to be supporting this issue, because I support discouraging the use of Rawson Lane as a cut-off between two arterials."


River Road?
North Loop?
South Loop?

We will have to watch the campaign finances of Commissioner Underhill this next cycle.  My guess is that the PCC area will find some dollar bills for Commissioner Underhill.

Friday, May 19, 2017

In Mobile its a Crisis...In Pensacola Under Hayward...No Problem

Mobile recently announced a new Fire Chief.  In the WKRG story about the new Chief it states:

"Sealy also talked about the staffing issues brought up in News 5’s Special Report, such as many of the firetrucks riding with three firefighters instead of the recommended four.
“Certainly staffing always needs to be addressed,” Sealy said. “The amount of people we have on the trucks is certainly something we’re going to look into.”
The Special report article sites:
The issues of public safety and the lack of a full-fledged fire chief came into sharp focus just this week.  This was one explosive example of a truck riding short this week. Three men on a truck instead of four. Matt Waltman with the Mobile Fire Fighters Union has been one of the vocal critics of this practice.
“We’re just lucky no one’s gotten hurt real bad. We’re lucky we haven’t had a fatality,” said the Vice President of the Mobile Firefighters Association Matt Waltman.  City officials say even though this isn’t the ideal situation, it’s a better use of city resources.
“You have a choice between where you ride less engines with four people on them or do you spread them out in geographic locations where you have a faster response time,” said Public Safety Director James Barber.  In the last three months, there’s been just one day where all companies were fully staffed and 34 days where at least one or more units were not running at all.  This is according to the MFRD manpower log.  Fire officials say the practice is common.
No matter how long the practice has been going on, it’s raised eyebrows among the rank-and-file. Some worry it’s a problem waiting to happen.
“Our mission has been lost,” said a Mobile Firefighter who asked us to refer to him as “Bob.”  Most firefighters we spoke with would only agree to interviews if we concealed their identities out of fear of retaliation.

“Just because we’ve been riding short for so long doesn’t mean it’s okay. I mean one day can change everything,” said “Bob.”  The absence of a fully appointed fire chief has hurt morale and made people wonder about the department’s direction.

As I have noted for years, Pensacola has been violating the 2 in 2 out rule FOR YEARS.  No one cares here.  

In Mobile, its a special report.  
It's a crisis!  
Actions must be taken.
The Fire Union is strong and stands up for its members.  Vocally!

In Pensacola, City Hall doesn't care.  
WEAR just wants to do commercials.  
The PNJ wants to highlight who has played and will play at Vinyl.
The Fire Union is dominated over by the Mayor.
Their President is more worried about his social acceptance at City Hall than representing his firefighters.

One more reason...Pensacola, the Downside of Florida...and the Gulf Coast.

We deserve better.  But lets worry about parade routes, panhandling and photo ops!

Wednesday, May 17, 2017

Schmitt v Hayward (INDIVIDUALLY) and the City of Pensacola

Below is a link to the scheduling order in Chief Schmitt's case against the City and the Mayor.


  • Discovery deadline - November 10, 2017
  • 8 depositions - YEP...Get ready for some 'splainin' boys!
  • 7 hour depos!!!   Squirm Mayor Squirm!!
  • Prospects for Settlement:  Settlement at this time is unlikely. (Just wait til the swearin' starts.)
  • Trial date: January 22, 2018 - 3 days
In addition, Defendant Hayward is not entitled to qualified immunity. Plaintiff asserts that the retaliation was malicious, willful, and with reckless disregard for his rights. Plaintiff further asserts that he suffered emotional distress, embarrassment, and humiliation because of Defendants’ conduct. Plaintiff seeks declaratory and injunctive relief, as well as, reinstatement or front-pay, back-pay, lost seniority, benefits, and pension, nominal damages, compensatory damages, punitive damages, attorneys’ fees, costs, and expenses.


Tuesday, May 16, 2017

Chief must be a Reader!

A reader sent me this from Escambia Citizens Watch:

Note: Lyter did call me to clarify that he had inadvertently misspoken when describing the ordinance as not leading to many arrests. He does understand that it provides for civil citations only.

Thanks for clarifying Chief!  It takes a village.

Oral Arguments...City of Pensacola v. Seville Harbour

Link to the 1DCA Oral Argument

Not Nix Daniel's best day!  Shaking that finger at the Judges probably was not the best idea.

Collier Merrill's expression is gold!  Russenberger looks bored!

Judge Wetherrell can't pronounce Seville until he hears it a few times.

Ed Fleming makes you feel like you have to agree with him.  He's good!

"The City did not write a good contract.  I don't think we should rescue the contract."

Judge "The City is making a de minimis argument."

At the hourly rate of all those attorneys, the discussion comes down to using sticks. Just listen to the last 5 minutes.

Monday, May 15, 2017

Hypocritical Hayward...A Joke Unto Himself

Mayor Ashton Hayward just got done championing a panhandling ordinance at the insistence of his patrons at the DIB.  In the ordinance, street performing or busking was outlawed in the downtown area.

But just like most things Hayward, he just tells you what you want to hear and does the bidding of his masters.

You see Hayward was a champion of street performers, when UWF asked him to be in 2013.

University of West Florida launches public piano project

(Yes that's Hayward in the photo.)

In partnership with the City of Pensacola, the University of West Florida is leading an initiative to promote music appreciation throughout Pensacola by installing pianos in various locations for public use.

Dr. Hedi Salanki-Rubardt, Distinguished Professor and Director of the Piano Program and Chamber Music at UWF, created the project to enhance Pensacola’s cultural climate and bring visibility to the University. Donated pianos are painted by local artists and placed in businesses and other locations in Pensacola. Spectators are welcomed to play the piano or enjoy listening.

“Pensacola has the perfect climate and the ideal arts community to support this project –  progressive idea to advance both the culture of the city and the awareness of the university,” said Dr. Salanki-Rubardt.

The first piano, painted by UWF student Josh Green, be placed on Palafox Street just south of Garden Street outside of Vinyl Music Hall. A second piano will be placed at the Pensacola Community Maritime Park. This piano was designed and painted by UWF student Jessica J. Stepherson.

“As a patron of the arts, I am delighted to see art and music brought into public spaces for everyone to enjoy,” said Pensacola Mayor Ashton Hayward.

Dollarhide’s Music Center has shown its support of the project by donating a piano that is currently located at the Artel Gallery. It will be painted by artists associated with the gallery.

There are several additional locations around the Pensacola community that will soon have pianos as well. Public piano projects have been successfully implemented in many large U.S. cities, and UWF plans for Pensacola to join in this creative concept.


I guess Ashton Hayward's patronly duties changed.  Now music doesn't belong in public places for everyone to enjoy.

Plenty of DIB money to pay for the Levin boy to paint murals and Pucock's dance steps.

His constant back tracking, flip flopping and accomodations for supporters is why Grover Robinson AND Chief Alexander win in a head to head election.

Can't run from your record, Mr. Mayor!

Friday, May 12, 2017

Friday Funnies: Lyter Strikes Out; Spencer No Longer a Mayoral Contender, Peacock Pixie Dust

Chief Stumbles

Today on AM1620 now on FM at 92.3 in his first interview as the Chief who was hidden from Council view, Police Chief Tommi Lyter strikes out looking (backwards K) on a question regarding the newly enacted panhandling ordinance.

Lyter said he "doesn't expect many arrests under the new panhandling ordinance."

Ummmm.  Chief since its a civil penalty shouldn't you anticipate NO arrests under the ordinance. Don't turn downtown into Beirut over enforcing this ordinance.

Good luck, Chief Lyter!  There's always next at bat!

Spencer GONE!

The Inweekly has been conducting polls around the Office of the Mayor.  In the latest poll, the Mayor loses head to head against Grover Robinson AND David Alexander.

INWEEKLY Online Edition

But in what has to be the most humiliating blow to his GIANT EGO and visions of complete and total WORLD DOMINATION, Julius Spencer was dropped from the most recent poll after finishing behind Undecided in the first poll.

First Poll

1-DeeDee Davis                8.7%
2-Ashton Hayward           27.9%
3-Lumon May                  18.0%
4-Brian Spencer                 7.7%
5-Grover Robinson          19.8%
6-Bubba Watson                8.9%
7-Undecided                      9.1%

Your chances aren't good, Julius, if you can't beat Undecided!

And the fact that my former colleague Sherri Myers polls better against the Mayor than you has to be CRUSHING!

That's OK Julius, your cocktail costume party crowd will still fawn over you and your grandiose ideas for Pensacola.

Peacock Pixie Dust

Obtuse Peacock was "Peacocking" at the City Council meeting on Panhandling when he stated:

"I don't know where they think the pixie dust is coming from (for programs that help the poor.)" Peacock said. "It doesn't exist. It takes revenue to do those things."

The DIB chairman stood in front of the Council and the ACLU attorney and basically stated since businesses donate money, they should have the right to deny American citizen rights guaranteed under the US Constitution.

Nice Vladimir Pucock!  Nice!

Wednesday, May 10, 2017

Another Reason City Council is Aimlessly Adrift

I laughed out loud when I saw the City Council agenda.  Council really is about as useful as a "football bat" as my friend likes to say.

Follow the insanity...

Action Item 13

Action Item 14

These two action items close out the write off of hundreds of thousands of dollars of debt and other revenues of a business that the Port thinks is such a key tenant that it is making deals to keep at the port.


Wow!  We are sending them a clear message that we believe in them, we value their business and we are a partner with them in utilizing our port.

Great Economic Development!

Then what does the unaware, self important, City Council do?

Two items later...2 items!

Action Item 16

WHEREAS, the United States government has expressed interest in opening the Atlantic Ocean and Eastern Gulf of Mexico to offshore oil and gas development and exploration, including risky methods such as seismic airgun blasting; and,

WHEREAS, seismic airguns fire intense blasts of compressed air, one of the loudest manmade sounds in the ocean, every 10-12 seconds for days, weeks, or months on end; and,

WHEREAS, seismic airgun noise has been shown to harm and injure dolphins, whales, endangered sea turtles, fish, and other marine life; and,

WHEREAS, exploratory and commercial drilling, extraction, and transportation of offshore oil and gas resources pose a significant risk of oil spills and chronic leakage; and,

WHEREAS, eventual offshore drilling may require significant onshore infrastructure, such as pipelines or refineries, which would harm the character of the coast; and,

WHEREAS, offshore drilling activities pose threats to treasured vacation destinations on Florida’s Coasts, which are of intrinsic economic value for numerous industries, provide essential nursery habitats for recreational and commercially important fisheries, and act as natural buffers from storm surge and hurricanes; and,

WHEREAS, the Pensacola City Council recognizes that the tourism and fishing industries, which depend on a healthy and vibrant coastal environment, both serve as major economic drivers benefiting the current and future residents, property owners, and visitors to Florida; and,

WHEREAS, the Pensacola City Council endeavors to be a good steward of the state and region’s environment and its resources; and,

WHEREAS, exploration and development of oil and gas resources off the coast of Florida will not effectively address the long-term energy needs of our country; and,

WHEREAS, the Pensacola City Council recommends that it would be more economically and ecologically responsible to pursue non-polluting sources of renewable energy such as solar and wind, that pose less risk to the coastal environment and economic health before using uncertain methods of seismic airgun blasting for offshore oil and gas deposits.

If you are Offshore Inland and you read a resolution that states WHEREAS, exploratory and commercial drilling, extraction, and transportation of offshore oil and gas resources pose a significant risk of oil spills and chronic leakage; 

Do you feel like a partner with the City?
Do you feel like the City is a supporter of your business?

Or do you see the City as someone who doesn't like you or love you, but just wants your money?

City of Pensacola...The Gold Digger of Florida!

Come on!  Support the Port and your customers or don't take their money!

If I was Offshore Inland I would take all your concessions, saving me hundreds of thousands of dollars, and send you packing!  Gold Diggers!

Tuesday, May 9, 2017

ARB and the New Holiday Inn Sign

The ARB is out of control.  They deny things that are allowed for Special Snowflakes and refuse to approve the most reasonable requests.

The new Holiday Inn Express applied to the ARB for 3 signs.  Two are "blade signs" that are attached to the sides of the building on Main and Jefferson Street.  The other is a turn in sign.  I have attached a link to the signs and the building.


The ARB is objecting to lighted signs as well as the turn in sign, like they objected to the YMCA signs.

As one ARB member was quoted at the meeting "I just don't like it".

Funny what the ARB likes and doesn't like.

Illuminated L E V I N P A P A N T O N I O.....Love it!
Illuminated LP logo....Love it!
Illuminated Coastal Bank....Love It!

YMCA....Hate it!

Vinyl Neon Sign....Love it!
Al Fresco Sign....Love it!

Holiday Inn sign...Hate it!


Monday, May 8, 2017

The Bigger Questions Posed by a Reader:

The real issue no one wants to talk about is whether or not the Pensacola Police Department is enforcing the existing law in the City Code - Section 8-1-25 Panhandling. It very clearly outlaws most if not all of the behavior described the downtown business owners and residents when interviewed by the media or when they speak during City Council meetings.

Perhaps someone needs to submit a public records request so the City Council knows how many times the PPD has cited a person inside city limits for violation of Section 8-1-25 since it was put in place in 2013.

The existing city law also prohibits panhandlers from stepping out into traffic, something I see at major intersections.

Other prohibitions described in Section 8-1-25 now seem suspect given the current state of federal law.

As example, can a municipality really outlaw panhandling within 20 feet of an ATM machine?

If the ACLU lawsuit challenges both the new DIB law (Section 8-1-28) and the existing law (Section 8-1-25) it might open up a Pandora's box making legal what has been illegal from 2013 to present.

As for the DIB, the City Council should amend Section 8-1-28 to provide that it only goes into effect when the DIB agrees to enforce it within the DIB District (relieving city taxpayers of that burden) and also agrees to pay all costs related to defending it in court.

Friday, May 5, 2017

Kabuki Dance

Urban Dictionary:

Kabuki: Theatre, artifice, fake, insincere, something done only for show. AKA lip service.

This is essentially what our new panhandling ordinance amounts to. 

The fine being levied on a "Panhandler" is like asking a 3 year old to pay for his own happy meal. 

Let's consider a possible dialog between one of Pensacola's Finest and a Panhandler operating within the DIB. 

Officer: Sir, we do not allow panhandling in this area.
Panhandler:  What area?
Officer:  Nice areas!
Panhandler:  Will I be arrested?
Officer: No!
Panhandler:  What happens?
Officer:  I take 10 minutes to write you a fine for $50.
Panhandler:   You do realize I am asking for money because I don't have any, right?
Officer:  Yes sir.  I don't write the laws, John Peacock does, I just write citations.
Panhandler:  Can you write me two I can use it to start my camp fire.
Officer:  No sir.  You would have a $100 fine for a second offense.
Panhandler:  Sure whatever.
Officer:  Sir can I have your name and address for the citation.
Panhandler:  John Doe, the world.
Officer:  Thank you sir.  Here is your citation.  If you don't pay it in 30 days the Clerk of the Court will mail you a collection letter.  Might as well wad it up and throw it out her window into the world but we have our procedures according to Mr. Peacock.
Panhandler:  Can I go to not nice areas and panhandle.
Officer: Yes.
Panhandler:  Where is a not nice neighborhood?
Officer:  Right down that street the neighborhood Aragon has a roundabout in the middle, thats a good spot.
Panhandler:  Ok so if you drive away and I stay, i just get a second ticket and never risk jail.
Officer : Yes sir
Panhandler: Ok see you soon officer.
Officer: Have a good day sir.

Thursday, May 4, 2017

DIB Talks In Code About Panhandling and The Mayor

Those sneaky kids on the DIB Board were so proud of themselves at the DIB meeting the other day about their panhandling ordinance and their "code" for the Mayor.

The Board stated they need a strong show of force from the business owners to show up May 11th.

The Executive Director was tasked to rally the troops and get owners to show their faces at the Council meeting.

The City Attorney said the current ordinance is legal and "this is coming from the 7th floor". The DIB Board never once refers to the Mayor but just continually refers to "the Seventh Floor".

The Board Chairman stated that "the 7th floor is willing to do whatever and spend whatever to fight the ACLU."

John Peacock said ”ACLU Ego Versus Helping People.”

Hayward should seek a qualified civil rights attorney to issue an opinion letter on his ordinance before going down the route he is choosing.

If Ashton Hayward forces this ordinance and it results in the City spending hundreds of thousands of dollars to lose a fight that has already been decided by the Courts, it is malfeasance.

The voters need to see the wasted attorneys fees he needlessly spends of their money as part of the next election cycle.

If he's not indicted or chooses not to run!

What's going on on "the seventh floor"?

Tuesday, May 2, 2017

Now Vinyl Takes Up Palafox to Tarragona on Garden Street for Buses and Trailers

DIB Reminder Regarding Sunshine Law and Citizen's Recording Meetings

Public Meetings

If you attend a public meeting (i.e., a meeting of a governmental body required to be open to the public by law) in Florida, generally you are permitted to use sound or video recording devices, so long as your recording does not disrupt the meeting.

1. Sound recordings allowed.
Members of the public attending a meeting open pursuant to section 286.011 may make a sound recording of such meeting. See Op. Att’y Gen. Fla. 77-122 (1977) (any rule prohibiting the use of silent or non-disruptive tape recording devices is unreasonable and arbitrary and is, accordingly, invalid, thus fire control district may not prohibit a citizen from tape recording public meetings).