Friday, March 24, 2017

Spencer's Reply Shows He is Not a Leader

Or Both!

Council President Nero Spencer issued the following statement:

Mayoral Veto of #17-00186 Hiring of a Budget Analyst

Although requests have been made of me as Council President to provide an opinion on the Mayoral veto of the City Council’s action regarding the hiring of a Budget Analyst, I do not feel it is appropriate to do so at this time.

I believe that this matter may prove to be a complex legal issue requiring the advice and opinion of outside legal Counsel in order to assist the City Council in determining the appropriate course of action. I do not feel it is appropriate for me to unilaterally make such a decision without the majority consent of City Council.

I further believe this matter has the potential of far reaching implications that extend beyond the hiring of a Council Staff member. Thus, the City Council should address this issue as a body, not as individuals expressing individual opinions prior to a meeting of the entire Council. I will be submitting this item as an agenda item for discussion at the April 10, 2017 Agenda Conference.

Until such time as we meet, I will be making no further statement in an effort to avoid any appearance of a Sunshine violation.

Time to unpack it!

Although requests have been made of me as Council President to provide an opinion on the Mayoral veto of the City Council’s action regarding the hiring of a Budget Analyst, I do not feel it is appropriate to do so at this time.

Translation: I'm scared of leading, of making the Mayor mad or otherwise doing my job.  Maybe he's not made for this duty!!!

I believe that this matter may prove to be a complex legal issue requiring the advice and opinion of outside legal Counsel in order to assist the City Council in determining the appropriate course of action. I do not feel it is appropriate for me to unilaterally make such a decision without the majority consent of City Council.

Interpretation: A bit of information for President Nero, the Council must vote to override at its next meeting.  But he lives with Charter Mama, he knows that!!  That means the outside legal Counsel to assist the Council would be under the assumption that Council votes to ignore the Mayor's illegal veto and proceed with the hiring of the Budget Analyst.  

Spineless Spencer fiddles!


Wednesday, March 22, 2017

Assistant Fire Chief Case City Response

According to the PNJ, the City has filed its response to the Assistant Fire Chief lawsuit filed against the City and Ashton Hayward individually.

http://www.pnj.com/story/news/local/pensacola/2017/03/21/pensacola-files-response-second-fire-chief-suit/99453246/

I find it comical that the reason that the City requested and the plaintiffs agreed to release Wilkins, Sisson, Olson and Walsh from the suits is they were:
  • acting at all times under the direction of Ashton Hayward, their supervisor.
But the City states that Glover's dismissal was "legitimate and non-retaliatory in that plaintiff violated the employment policies of the city of Pensacola."

Ummm.....at all times Assistant Chief Glover was operating with the knowledge of and the direct instruction of his supervisor who himself never did anything outside the parameters of his job description at the time before Sisson changed it.

How come the City staff gets to use the"I was only following orders" excuse and it works but Chief Glover does not?

Which employee was in a paramilitary organization where orders and chain of command matter and which employees sit around all day sending pooch pictures on City time with City computers?

Ummmm. isn't the picture below alone a violation of employment policies of the City for which this supervisor was treated differently from Glover?

Motion DENIED!



Tuesday, March 21, 2017

Dottie Dubuisson Reporting

To be fair the conversation was about more than MardiGras parades. But a member of the city staff was there to provide information on how often Palafox was completely shut down. Reducing the number of closures was discussed. Discussion of alternate parade route; beads in trees and tree fund money for maintenance; weight of parade throws; regulations on parades established by organizers. Incomplete information was shared and real parties to the special events (organizers) were not there to discuss. Mayor did suggest charge more for Seville Square events to reduce use there, and direct to Maritime; alternate routes, supporting businesses that he encouraged to come downtown. John is right that context of conversations impacts statements. And it would have been better for topic to be widely advertised with organizers and historical participants made aware of meeting. I also believe special meeting time and location meant fewer attended in audience. It was a lovely affair with great coffee, fruit, muffins and downtown ambiance. Glad I was over my bug crud and able to go. Other important items were on agenda.
____________________________

So lets break this down.

To be fair the conversation was about more than MardiGras parades. It should be as it was a Board of Directors meeting.

But a member of the city staff was there to provide information on how often Palafox was completely shut down. Staff on Saturdays.  REMEMBER THEY CLOSE IT TO MAKE MONEY.

Reducing the number of closures was discussed.  Agree, stop the silly races no one goes to see.  

Discussion of alternate parade route; BAM!

beads in trees and tree fund money for maintenance; I don't think thats the intent of a tree fund, to remove beads

weight of parade throws; Really, Hayward and Peacock are the weight police for throws?

regulations on parades established by organizers. read this to be Hayward Crony regulations for Parade organizers

Incomplete information was shared and real parties to the special events (organizers) were not there to discuss. Perfect time for Hayward to cater to his supporters, when nobody is there to call him out

Mayor did suggest charge more for Seville Square events to reduce use there, and direct to Maritime; 
I have been recommending that for 6 years.  Remember, he is slow.

alternate routes, BAM!

supporting businesses that he encouraged to come downtown. one word SCOUT

John is right that context of conversations impacts statements. I'm sure it does.  Really shows the Mayors intent to please his peeps.

And it would have been better for topic to be widely advertised with organizers and historical participants made aware of meeting. Not better for Hayward and his inner circle of cronies

I also believe special meeting time and location meant fewer attended in audience. As it was meant to!

It was a lovely affair with great coffee, fruit, muffins and downtown ambiance. They do a great job there.

Glad I was over my bug crud and able to go. Me too Dottie, I'm glad someone independent was there.

Other important items were on agenda.  Thank You Dottie for your diligence.

Monday, March 20, 2017

FURTHER UPDATE: DIB...Where's the Agenda?

I was beginning to get to the evidence surrounding the Mayor's desires to change the Downtown parade route off of South Palafox.

So...I went to the DIB website to review the agenda for this Saturday morning meeting that His Royal Highness found it important to attend.

City Council...No!   DIB...Yes!

I went to this link and looked at past meetings.

https://downtownpensacola.com/meetings

I saw the meeting.  Saturday March 4 8am at SoGourmet.

Board of Directors Breakfast Meeting!  Fancy!

So...ever interested in transparency and information I clicked on the agenda.

Whaaaaaaat?

The agenda has been removed and replaced by an agenda to the March 14 PARKING AND TRAFFIC COMMITTEE MEETING.

UPDATE Now there is no link at all.  I guess we don't get either an agenda or the minutes.

Further Update:  Now the Agenda is up.  No mention of parade routes on the agenda.

BUT THE AGENDA STATES THE MEETING WAS TO BE HELD AT 8 PM.


8am or 8pm?  I love breakfast for dinner!!!!


Now the public record agenda that was in error for a meeting that occurred 16 days ago has been manipulated to reflect that the meeting was at 8am.  Can you legally change an agenda after the fact and after it has been approved by the Board as presented.

Someone once told me that changing a public record after the fact was illegal?

I'm sure Chairman Peacock will have an explanation.

Its always the cover up that gets ya!  teehehe

Safety on City Construction Site...Owens is in Trouble!
















What is thaaaaaaat?  Orange safety garland hanging from the posts?



























Check out that warning sign on the tiny post and the one foot fence.  Citizen safety is job ONE with Hayward!!

Friday, March 17, 2017

Only In Pensacola...Hayward Crawls Out of Bed to Suck Up to His Supporters!

Everyone in Pensacola loves Mardi Gras!  It is a celebration that includes everyone. Black, white, young, old, drunk, sober.  But this year may be the last year floats will parade down Palafox.

This year two Palafox business owners were not happy with the parades.  It made them sad!

So what did they do?

They called a three hour DIB meeting on Saturday to voice their concerns and complaints.

And one member of the DIB used their purchased influence with the Mayor to get him to come to the meeting...on a Saturday.

The Mayor that can't come to a City Council meeting during the work week, took his Saturday to attend a DIB meeting.

Once his royal highness heard the pleas of his patrons and financial backers, he made the following statement:

We may need to reevaluate the City's parade route to keep it off of south Palafox.

I understand the statement is on tape and I will post the audio of the gripe session when I receive it.

Over a hundred years of City tradition scrapped for the benefit a few upset Hayward patrons!

You see...Palafox exists for his people.  Maybe they will start charging admission to Palafox?

Thursday, March 16, 2017

Spineless Spencer Sits and Spins

Rick Outzen is quoting Council President and Mayoral dreamer Brian Spencer doesn't know what to do about the Mayor's illegal veto.

http://ricksblog.biz/council-president-responds-to-veto/

“I need to give this some more thought and will seek a legal opinion on the validity of the veto. Thanks, Brian”

He has the Charter Mama right there by him and can't make a decision.

He has 5 days to do anything.  Council gave him a taste of leadership and he is failing miserably.

May need to change his name from Julius to Nero!


Wednesday, March 15, 2017

Hayward Violates Charter with Illegal Veto

Pensacola City Charter:

"The City Council shall establish an office of the City Council and shall have as its staff the following who shall be responsible to the City Council through the President of the Council: (a) Budget Analyst.

The City Council is authorized to employ a Budget Analyst or an individual with similar qualifications pursuant to the City's position classification code to assist the budgetary matters of the City Council."

http://cityofpensacola.com/charter

170314-MEMO-Mayor-Veto-Statement-

He can't do that...clap...clap...clap,clap,clap
He can't do that...clap...clap...clap,clap,clap

The Charter gives him powers of veto of Ordinances and Resolutions. Not Council Actions!

Will Julius be the President of Council or the Mayor's whipping boy!

President Spencer, you claim you want to lead the City. Let's see if you can even lead this Council.

An action was taken.  It was approved.  The mayor has violated the charter.  What will you do?

Time to put up or shut up, Mr. President!


Tuesday, March 14, 2017

We Are Living the Goodlife In The Upside Under Hayward

http://www.areavibes.com/pensacola-fl/crime/

The site above rates cities based on various criteria.  Here is Pensacola's report card:

  • Amenities A+
  • Cost of Living A+
  • Crime F
  • Education F
  • Employment D+
  • Housing D+
  • Weather A
Crime
  • Murder higher than Florida and National averages
  • Rape higher than Florida and National averages
  • Robbery higher than Florida and National averages
  • Assault higher than Florida and National averages
  • Violent Crime higher than Florida and National averages
  • Burglary higher than Florida and National averages
  • Theft higher than Florida and National averages
  • Vehicle theft higher than Florida and National averages
  • Property crime higher than Florida and National averages
Higher than Florida and National averages in every category.

With issues like this, lets focus on those panhandlers on Palafox some more.

Maybe some Faceytweets can make it all better?

Monday, March 13, 2017

Ummm...I'm sure it will be denied!

The PNJ reported that the attorneys for the City filed for the Fire Chief lawsuit to be dismissed as frivolous.

http://www.pnj.com/story/news/2017/03/10/pensacola-fire-chief-lawsuit-called-frivolous/99005406/

"Attorneys representing the city asserted, among other things, that Schmitt failed to exhaust his administrative remedies before filing the suit; that he "unreasonably" failed to take advantage of available preventative or corrective opportunities provided by the city; that he cannot establish the reasons for his discipline were a pretext; and he cannot provide an example of an individual who had engaged in conduct comparable to his but was treated more favorably by the city."

Umm...is someone not paying attention?

Attorneys representing the city asserted, among other things, that Schmitt failed to exhaust his administrative remedies before filing the suit

Response:  Schmitt was deprived of his administrative remedies when he asked when suspended for an employee appeal panel.  The City changed the policy to eliminate that after he asked,

That issue needs a jury to decide.

Attorneys representing the city asserted that he "unreasonably" failed to take advantage of available preventative or corrective opportunities provided by the city.

Response:  What corrective opportunities was he offered?  He was put on leave (for longer than the 10 days in the manual), investigated by the "independent" attorney for the City that is the Mayors personal criminal defense firm, and fired for a "loss of confidence"

That issue needs a jury to decide.

Attorneys representing the city asserted that he cannot establish the reasons for his discipline were a pretext

Response:  Olson did that in the AM 1620 interview that stated they were suspended for the EEOC complaints NOT disciplinary issues.  And as was admitted in the Motion,"Olson's statement speaks for itself"

Hey Larkin, it also was in the PNJ that "Eric Olson confirmed Tuesday that Chief Matt Schmitt and Deputy Chief Joseph Glover were put on leave in connection with Equal Employment Opportunity Commission complaints the men filed against Olson and the city's human resources director, Ed Sisson.

Olson also 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 Schmitt requested an administrative appeal."

http://www.pnj.com/story/news/local/pensacola/2016/02/09/fire-chiefs-leave-related-federal-complaint/80052434/

R E T A L I A T I O N

That issue needs a jury to decide.

Attorneys representing the city asserted he cannot provide an example of an individual who had engaged in conduct comparable to his but was treated more favorably by the city.

Response:  Here is some conduct directly comparable.  While under the leadership of the Chief and Assistant Chief of the Pensacola Police Department due to the actions of individuals under their direct control THE DEPARTMENT LOST ITS FLORIDA CERTIFICATION without any consequence, administrative leave, investigation or loss of confidence by the Mayor.

Finally, the response claims "Defendant Hayward is entitled to qualified immunity on all of Plaintiff's individual capacity claims"

Hasn't the Judge already ruled on that?

By the way, submitted by Rob Larkin.


Thursday, March 9, 2017

Asst Chief Admits Lost Accreditation...Time to Pull the Stickers Off??

As I posted a week ago, today on AM 1620 now on FM at 92.3 Future Chief Tommi Lyter admitted in detail EXACTLY what I posted last week.  Namely, that the City lost its accreditation as a police department due to officers dealing with the evaluators being unprofessional.

http://podcast.newsradio1620.com/index.php/post/4282/Tommi_Lyter_-_Assistance_Police_Chief_for_PPD

Mayor Ashton Hayward likes to say he is the CEO.  Well Mr. CEO, you have failed once again.

DEPOSITION QUESTION YOU MAY HEAR MR. MAYOR:

How is it that you lost faith in your Fire Chief and Assistant Chief being able to run the  Fire Department over some internal hiring process and authority disputes while that department was rated by the Citizens as being the highest regarded City department

But when your Police Department loses its state Accreditation over the failures within that Department to act professionally to outsiders sent to evaluate the department, the Police Chief is allowed to retire with honor and the Assistant Chief, that by his own admission in the interview above was overseeing the accreditation process is now being promoted to Chief.

May I remind you Mr. Mayor that you are under oath and being sued individually!! Quite a contradiction compared to your previous actions with the PFD.

We have a strong and well respected Police Department, yet our Mayor remains silent.  Crickets from our "Strong Mayor" on such an important issue as Police accreditation...He has proven once again to be a coward and unable to carryout the most basic of duties as our Mayor. 


Tuesday, March 7, 2017

Attorney Ed Fleming Preparing to TEE UP the City

Ed Fleming, yeah him, the one that never loses, is preparing for battle with Pensacola Energy over their formation of a "cartel" of plumbers to do their business.

In a February 9 letter to the City Bobblehead, Ed points out the current plumber policy violates

  • the Sherman Antitrust Act
  • the Florida Antitrust Act
  • and Florida Statute 501.201 the Florida Deceptive and Unfair Trade Practices Act
Price fixing!
Sunshine Law Violations!

Ed ends with a very polite cease and desist warning to cease "these illegal and inappropriate activities".

Another Hayward induced lawsuit is surely on the way.





Thursday, March 2, 2017

Port Director Can't Go To "Next Man Up" or Can it?

Amy Miller, the current failing port director, is retiring this year I understand.

Has the City begun a national search for her replacement?  Not according to the City HR website.

What will Hayward do?  If his pathetic history of attracting new and better talent as he promised while running for office is an indication, he will appoint the "next man up" regardless of experience...unless the next man up has filed an EEO complaint against the City.  Then he just fires that guy and hires the next boot kissing guy up.

Below is the port director job description from the City HR department.

Port Director Job Description

I noted at the bottom it was changed in February 2016 for no apparent reason.  My guess is it was dumbed down to decrease the authority of the role such as hiring and firing so that HR controls all HR functions like they did at the Fire Department.

Below is the Linkedin account of the "Next Man Up" to run the Port, Clark Merritt.

https://www.linkedin.com/in/clark-merritt-2827789

Merritt was "parked" at the Port when he was found to be "lacking" in his former role at City Hall.

In his role at the Port he is responsible for "Economic Development",  Based on the pathetic activity at the Port, he must be an intricate part of the failure that IS the current Port of Pensacola.

Next Man Up?  I thought you wanted the best for Pensacola, Mr. Mayor?

WHERE IS YOUR NATIONAL SEARCH ?


Wednesday, March 1, 2017

PPD is SOL with FLA-PAC

I understand that under the management and leadership of Ashton J. Hayward III, the Pensacola Police Department has lost its accreditation with the Florida Police Accreditation Coalition.

The accreditation emblem is on every vehicle the department has.

As a now unaccredited law enforcement agency, the City may need to pull every single one of those stickers off the vehicles.

The PPD prides itself on Courtesy, Integrity and Professionalism.

I understand a lack of Courtesy to the evaluation visitor may have resulted in the loss of a key symbol of Professionalism.

While I support and respect the PPD, this kind of embarrassment is self inflicted and a waste of the time needed to correct this situation.

Has anyone told the Mayor yet?

He is not the kind of boss that shoots the messenger is he?