Comm. Gene Valentino Charged With Public Records Law Violation
August 12, 2009
Escambia County Commissioner Gene Valentino has been charged with a public records law violation for failing turn over emails in a timely manner.
The office of State Attorney Bill Eddins reviewed complaints that Valentino did not comply with Florida’s public records laws.
“This review has determined that sufficient facts exist to believe that Commissioner Valentino did fail to timely or completely respond to a public records request and as a result has been charged with one count of violation of the Public Records Law,” according to a press release from Eddins.
The charge is a non-criminal infraction that is punishable by a fine up to $500. Valentino will appear in court on the charge on August 27.
Eddins’ office also looked into a meeting between Valentino and Pensacola City Councilman Sam Hall. Eddins’ office released the following statement on that meeting:
This office has completed its review regarding allegations that County Commissioner Gene
Valentino and City Council Member Sam Hall may have violated the Florida Sunshine Law by
participating in a private meeting. This review included numerous interviews including Gene
Valentino, Sam Hall, Charles Wood, and Mort O’Sullivan. We also examined applicable
documents and records as well as the law as it relates to Sunshine issues. Based upon our
review, we have determined that there is insufficient evidence to establish that any violation
occurred. We do find however, that this meeting gave the appearance of impropriety and violated
the spirit of the Sunshine Law.
These allegations arose as a result of a meeting between Gene Valentino and Sam Hall on April
28, 2009 which took place in a private office located in the City Hall building. Both Valentino
and Hall are voting members of the Pensacola-Escambia Promotion and Development
Commission (PEDC). The PEDC is a quasi-governmental entity that was established by a
special act of the State Legislature in 1967. The stated purpose of the PEDC is to promote
economic development in Escambia County. Staff support for PEDC is provided by the
Pensacola Bay Area Chamber of Commerce and funding is provided by the City of Pensacola
and Escambia County. Meetings of the PEDC are subject to the Sunshine Law.
The April 28, 2009, meeting took place at the request of Gene Valentino. Valentino was in the
process of preparing an economic development plan for Escambia County. The terms of this
plan had not been made public at that time. The apparent purpose of the meeting was to request
Hall’s support for this plan. Both Hall and Valentino have stated that the terms of the plan were
never discussed at that meeting and neither believed it was a matter that was likely to come
before the PEDC.
Additionally, Valentino and Hall discussed the need of scheduling a PEDC meeting as soon as
possible as well as several agenda items that each wanted discussed at the next meeting.
Valentino wanted to discuss financial issues regarding PEDC and Hall wanted to discuss surplus
city property located in the downtown area. There is no indication that these items were
discussed in detail but only the need to place them on the agenda for the next meeting.
During this meeting, Hall made a telephone call to Charles Wood. Wood is a Senior Vice President
for Economic Development for the Chamber of Commerce and as a part of his duties
provides staff support to the PEDC. Hall was using a speaker phone when he called and never
indicated that Valentino was present. During that conversation, Hall expressed the need for a
PEDC meeting as soon as possible and also discussed whether Valentino’s economic plan was
compatible with a plan being proposed by the Chamber.
At the May 28,2009, PEDC meeting, Valentino stated that the meeting was scheduled at the
request of Sam Hall and himself and that they had met to discuss setting the agenda. He further
stated that his attorney had advised that he is allowed to meet with other PEDC board members discuss procedural matters.
On June 16, 2009, the issues regarding economic development were discussed at the committee
of the whole workshop of the Board of County Commissioners. At that meeting, it was
recommended that the Board of County Commissioners refer the two economic development
plans to the next PEDC meeting to “hammer out” a hybrid plan for eventual approval by
Escambia County and the City of Pensacola.
The next meeting of the PEDC was held on July 1, 2009. At the beginning of that meeting, Sam
Hall made a statement that he had not intentionally violated the Sunshine Law and that he had
discussions with both Mort O’Sullivan and Valentino. Hall later clarified his remarks to state
that he did not believe he violated the Sunshine Law. O’Sullivan has stated that he did have
minimal discussions with Hall regarding the Chamber’s economic development plan but did not
believe it was a violation of the Sunshine. He based this on his belief that the PEDC had no
decision making authority over economic development, such authority belonging to the City and
County. He further stated that he did not anticipate that the issue of economic development
would come before the PEDC until the committee of the whole meeting on June 16, 2009.
As this meeting continued, there was considerable discussion of the competing economic
development plans. The PEDC eventually voted to recommend the Chamber plan to the City and
County. In approving this motion, the PEDC clarified its position that the PEDC had no
authority over which direction economic development would go but was simply indicating a
preference for the Chamber’s plan.
Florida’s Government in the Sunshine Law applies to any gathering of two or more members of
the same board to discuss some matter which will foreseeably come before that board for action.
At the time of the meeting between Valentino and Hall, neither believed that the economic
development plan being developed by Valentino was likely to come before the PEDC for any sort
of action. They did not believe that the PEDC had the authority to make a decision on which
economic development plan would be adopted by the City or County. In addition, there was no
discussion of the elements of Valentino’s plan but simply a request for support by Valentino to
Hall. Under the specific facts of this case, this discussion does not rise to the level ofa Sunshine
violation.
This same conclusion would be reached regarding any discussions between Hall and Mort
O’Sullivan. Neither believed at the time of the discussion that this was a matter that was likely
to come before the PEDC or that the PEDC had any authority over this issue.
As previously stated, this issue did come before the PEDC at their July 1, 2009 meeting. At this
meeting, there was a full and complete discussion in the Sunshine of the issues relating to
economic development prior to any action being taken. A Sunshine violation, if one had
occurred, may be cured by a full, open and independent public hearing regarding the disputed
issue. This would apply in this case.
Finally, Valentino and Hall discussed the need to schedule a PEDC meeting as well as setting
several items on the agenda. While these issues should be handled through staff and not directly
between commission members, this discussion does not rise to the level of a Sunshine violation.
While our review has determined that there was not a Sunshine Law violation, we are concerned
about the appearance of impropriety that the meeting between Gene Valentino and Sam Hall
raises. All members of commissions or boards that are subject to the Sunshine should be acutely
aware of the public perception of their actions. This is especially true for elected officials. The
spirit as well as the letter of the law should be followed at all times.
Angel’s Outreach Works To Help Fellow Teens With Basic Needs
August 12, 2009
Sometimes, it takes an Angel to notice the basic needs of people around them and to step up and make a difference. That’s the story behind Angel’s Outreach, a program started by local student Angel Mitchell, 13.
Most people take basic items like a toothbrush, toothpaste and deodorant for granted. When Angel noticed that some of her peers, especially at her church, did not have those basic personal hygiene items, she started “Angel’s Outreach” to lend a helping hand. Bimonthly, Angel distributes personal hygiene items to those in need.
“Upon seeing a need in the lives of her peers, she responded immediately, selflessly and compassionately,” said Leslie Johnson, a youth pastor at Angel’s church, Abundant Life Assembly of God in Century. “These necessities, often taken for granted by many, are not available to the teens of many struggling families in North Escambia.”
“I saw kids at church and school that needed these items,” Angel said Tuesday night as she packed items in plastic bags to be distributed at a Wednesday night church service. “It’s a good thing to help them, and I hope it will get more kids to church, draw them to church.”
Most items come from a donation box or monetary donations to Abundant Life Assembly. Sometimes Angel purchases the items with her own money.
“It is not very often that I, as a youth minister, see teenagers with this level of compassion,” Johnson said. “Angel has shown that it doesn’t take great financial resources to help others who are in need. It only takes a heart for the people to make a difference. There are not many like her, so willing to give of herself.”
Angel, who will be a freshman this fall at Northview, started her program last spring. Her distribution now includes 50-75 bags of hygiene items bimonthly to children and teens in her church and community.
Donations are accepted for Angel’s Outreach at the Abundant Life Assembly of God at 8040 North Century Boulevard. For more information, call the church at (850) 256-5227.
Pictured: Angel Mitchell, creator of Angel’s Outreach, packs bags with basic hygiene necessities to be distributed to less fortunate teens. NorthEscambia.com photos, click to enlarge.
Interested In Pre-K Program At Molino Park?
August 12, 2009
Molino Park Elementary School does not currently offer a pre-kindergarten program, but the school’s leaders hope that will change this year.
“Parents in the Molino Park district have long wished for a Pre-K unit at Molino Park,” Principal Alice Woodward said. “The time is right and opportunities may be forth coming.”
Woodward said there is a chance that Molino Park could be able to open one Pre-K class for this, the 2009-2010 school year.
Interested parents should call the school at 587-5265 and express their interest in the Pre-K program. Parents should be prepared to give their child’s name and birthday, parent’s name and contact information.
Molino Park needs 10-15 students to open the program, Woodward said.
Chemstrand Road Closing Again
August 12, 2009
Chemstrand Road is expected to be closed again beginning next Monday, August 17.
Chemstrand was closed for the installation of a new pipeline to the new Emerald Coast Utilities Authority Central Water Reclamation Facility. It reopened on August 6 while conflicts related to the underground utilities in the area were worked out.
ECUA’s contractor, Morgan Contracting, Inc., expects to resume construction activity on the pipeline on Monday, August 17, at which time Chemstrand will once again be closed to through traffic at Kingsfield Road.
The closure is expected to last up to four months.
Northview Quarterback Club Holds Dinner For Football Players, Cheerleaders
August 12, 2009
The Northview High School Quarterback Club held an appreciation dinner for the school’s football players and cheerleaders Tuesday night.
Joey McCall, NHS Quarterback Club president, told the players and cheerleaders that the Quarterback Club will stand behind them this year. He wished them the best of luck, and encouraged them to be good representatives of themselves, their families, their school and their community.
The football players and cheerleaders were served hot dogs and homemade ice cream to top off the evening.
Northview’s football season gets underway on September 4 with a home game against Graceville.
For more photos from Tuesday night’s appreciation dinner, click here.
Pictured top: James Shook (left) and John Sellars at the Northview High School Quarterback Club appreciation dinner for the school’s football players and cheerleaders Tuesday night. Pictured below: Cheerleaders Sarah Killam (left) and Ande Gideons at the dinner. Submitted photos by Heather Leonard for NorthEscambia.com, click to enlarge.
Update: Lay, Freeman Defense Fund Surpasses $16,000
August 12, 2009
The criminal defense fund for Frank Lay and Robert Freemen continues to grow.
Lay, the Pace High School principal, and Freeman, Pace athletic director, face federal criminal charges for praying before a meal at a field house dedication despite an order against prayer in Santa Rosa County Schools.
When NorthEscambia.com ran a story (click here to read) Monday morning about the criminal defense fund, the balance was $6,454.35. By Wednesday afternoon, the fund had grown to $16,156.65.
“Here we are in America. A 30+ year worker in the public school system is going to court in September for asking a blessing before a meal on school grounds. I am telling you this is not America,” Olive Baptist Church Pastor Ted Traylor wrote on his blog. “This is not what the forefathers risked all for. This is not what young men and women bled for defending this country. To quote the Commander in Chief on another issue: this is acting stupidly.”
Traylor said he plans to support the defense fund, and he is encouraging members of his church, the largest Southern Baptist Church in Pensacola, to do the same.
A web site set up for the two men, layfreemandefense.com, asks supporters to make donations to the Lay and Freeman Defense Fund at any First National Bank of Florida. The site is also selling t-shirts for $10.
The American Civil Liberties Union filed a lawsuit in federal court almost a year ago against the Santa Rosa School District, Pace High School Principal Frank Lay and then-Santa Rosa Superintendent John Rogers. The suit alleged that Santa Rosa County Schools “persistently and persuasively promote their personal religious beliefs in the public schools and at school events”.
A federal court order earlier this year prohibited, among other things, any prayer in schools, “reading from a sacred text”, “calling upon a deity to offer guidance, assistance or a blessing” and religious services such as baccalaureate services. There are circumstances were student-led prayers are permissible, but school employees are prohibited to participate in the prayer, even prohibited from “a posture or manner that is likely to be perceived as an endorsement of prayer, e.g. bowing their heads, kneeling or folding their hands”.
Vote For NorthEscambia.com As Coast’s Best Blog
August 12, 2009
NorthEscambia.com has been nominated as one of the best blogs on the Gulf Coast, and we would appreciate your vote. The Pensacola Independent News is currently accepting votes for their annual Best of the Coast 2009 issue.
“We don’t expect to win because another blog in our category is Rick’s Blog by Independent News Publisher Rick Outzen, but we sure would like to come in second,” said NorthEscambia.com publisher William Reynolds.
“Besides, Rick does a great job on his blog and rarely misses anything. When he does, he just quotes a NorthEscambia.com story anyway,” he joked.
To vote for NorthEscambia.com, click here. It is necessary to cast a vote or choose “Don’t Know/Other” in each category. The “Best Local Blog” question is number eight.
Pelicans Out-Hit Air Hogs, But Lose 12-10
August 12, 2009
A day after the Pelicans came back from a ninth-inning deficit, the Pelicans put up five runs to find themselves trailing to the Air Hogs 12-10 in the bottom of the ninth. With Francisco Leandro at third and Antoin Gray at first and one out, Marcos Rodriguez hit a ground ball to Javier Brito at first. Brito tagged the base and threw to Berg covering second. Gray headed back to first but Berg threw to Brito, Brito tagged Gray, and the ballgame was over with the Air Hogs victorious.
The Air Hogs scored six runs in the first inning against Pelicans’ starter Adam Brandenburg. Brandenburg pitched until the fifth inning, allowing 11 runs (seven earned) on eight hits, with eight walks and three strikeouts. The Air Hogs’ Caesar Nicolas was the first batter to face Aaron Jackson, and though Nicolas hit a three run homer, the runners on base were attributed to Brandenburg. After that one hit, Jackson joined with Bubba Nelson, Ulysses Roque, and Hunter Davis to retire the rest of the Air Hogs without a hit, setting the Pelicans up for a comeback run.
The comeback would fall short however, as the Pelicans did score two runs in the first inning, the first coming on Kevin Reynolds’ home run as the first Pelicans batter. Leandro followed with a double, and after moving to third on Gray’s single, Leandro scored on Marcos Rodriguez’s sacrifice line-out to left field.
Pensacola added three more runs in the fourth inning, using a Reynolds’ base hit to score Lou Palmisano, and Dallas Christison and Reynolds both scored as well. Trailing 12-5 entering the ninth, the Pelicans chances looked grim, but then the hits came.
Chase Burch singled, Darby as well, and Lou Palmisano brought Burch home with one of his own. Christison plated Darby with a base knock, and Kevin Reynolds did the same for Palmisano. Leandro doubled to drive in Christison and Reynolds, and Antoin singled to advance Leandro to third. Marshall McDougall, signed today, flied to right field, and then Rodriguez hit the aforementioned groundball to first, and the comeback fell short.
The Pelicans can look to their 13 runners left on base, four errors, and 11 walks as reasons why the Air Hogs won. Still the Pelicans recorded twice as many hits as the Air Hogs, notching 18.
Kevin Reynolds went 3-6 with his first homer as a Pelican, driving in three, and Francisco Leandro went 3-5 with two doubles and two runs batted in. Antoin Gray went 3-6 with a RBI and Dallas Christison went 3-4, scoring twice. In his Pelicans debut, Marshall McDougall made a couple nice plays at third.
The Pelicans and Air Hogs play the rubber match of the series tomorrow, with Randy Beam throwing the first pitch at 6:35 p.m.
Relay For Life Gets Ready For 2010 With Birthday Bash
August 12, 2009
Planning for the 2010 Century Relay for Life got underway Tuesday night with a birthday bash.
The American Cancer Society’s latest advertising campaign calls the organization “The Official Sponsor of Birthdays…because a world with less cancer is a world with more birthdays”.
Susan Diamond will be taking over as Century Relay event chair from Paula Jernigan because Relay for Life limits a person’s service as event chair to two years.
An early bird Relay team registration event is planned for 7 p.m on September 22, most likely at the Century Ag Building on West Highway 4. More details will be posted here on NorthEscambia.com as the date draws closer.
Pictured top: A Tuesday night birthday bash celebrated the beginning of planning for Century’s 2010 Relay for Life. NorthEscambia.com photo, click to enlarge.
Tropical Depression Could Become Tropical Storm Ana
August 11, 2009
The second tropical depression of the Atlantic hurricane season continues to move over the far eastern tropical Atlantic.
The center of Tropical Depression Two was about at latitude 14.8 north, longitude 31.5 west, or about 475 miles west of the southernmost Cape Verde Islands. The depression of moving to the west near 13 mph, and this general motion is expected to continue for the next 48 hours.
Maximum sustained are near 35 mph with higher gusts. Some strengthening is forecast, according to the National Hurricane Center, and the tropical depression could become a tropical storm on Wednesday. If that happens, Tropical Storm Ana would be the first of the Atlantic hurricane season.