Valentino Fined For Public Records Law Violation
August 28, 2009
Escambia County Commissioner Gene Valentino has been fined $500 for a public records law violation for failing turn over emails in a timely manner.
Valentino entered a plea of no contest to the non-criminal charges on Thursday. Valentino’s attorney entered the plea on his behalf; Valentino was not present in court.
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.
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.
Meet The Tribal Beat Tonight, Get Sneak Preview Of New Music
August 28, 2009
The public will have the opportunity to “Meet the Tribal Beat” tonight at the Northview High School and get a sneak preview of the band’s music for the 2009 football season.
Under the direction of new Band Director Scott Slay, Assistant Band Director Tadd Corder and Drum Major Lisa Moretz, there is new music in store from the Tribal Beat this year. Tonight’s Meet the Tribal Beat will showcase some of that music.
Meet The Tribal Beat will take place at 7:00 tonight at the Northview High School stadium. Admission is free. Concessions will be available.
Meet The Tribal Beat Tonight, Get Sneak Preview Of New Music
Northview Splits Preseason Volleyball Classic With Escambia, Walton
August 28, 2009
The Northview Lady Chiefs took to the volleyball court Thursday afternoon in Bratt, beating Escambia of Pensacola and falling to Walton, in a couple of preseason classic games.
Northview vs Walton
Northview beat Walton 25-17, 24-26, 15-11.
- Shawn Montgomery (junior) M Kills-6, Assists-2, Aces-3, Digs-18,Blocks-7
- Ashley Digmon (junior) Setter/DS Kills-1, Aces-4, Assists-5
- Caitlin Hall (senior) Setter Assists-15, Digs-1, Aces-4
- Angela Rodriguez (senior) Left/Middle Kills-3, Aces-2, Digs-2, Blocks-1
Northview vs Escambia
Northview fell to Escambia 25-23, 19-25, 15-17
Shawn Montgomery (junior) M Kills-4, Assists-1, Aces-1, Digs-5,Blocks-4
Raylin Spence (sophomore) Left Side Kills-2, Digs -6, Assists-2
Caitlin Hall (senior) Setter Assists-17, Blocks-2, Aces-4, Kills-1
Angela Rodriguez (senior) Left/Middle Kills-1, Aces-4, Digs-8
The Northview Lady Chiefs kick off their regular volleyball season on the road in Freeport on September 1. The junior varsity will play at 5:00, the varsity hits the court at 6:00.
For a Northview Volleyball schedule, click here (pdf).
Expect Lots More Rain Today; Over Four Inches Already In Some Areas
August 27, 2009
Showers and thunderstorms have dumped several inches of rain across parts of North Escambia today, with some areas receiving over four inches of rain in a short period of time.
Radar estimates show that an area from Bratt to near Oak Grove to near Bogia received four to five inches of rain by 1:30. As much as three inches of that rain fell in an hour in an area near and south of Northview High School. That caused some minor flooding in and around Bratt, especially along West Highway 4 and North Highway 99 near the Bratt crossroads.
There is a near 100 percent chance of more rain for today, according to the weather service as rain associated with an upper level low over Louisiana continues to move across the area.
Tests Negative For Whooping Cough And Swine Flu At Escambia Jail
August 27, 2009
The Escambia County Jail has been given the all clear by health officials; tests are negative for both H1N1 swine flu and whooping cough.
Officials announced yesterday that all visitations at the jail had been canceled due to a potential outbreak of H1N1 or pertussis, also known as whooping cough. The Centers for Disease Control and the Escambia County Health Department were called in to manage a potential outbreak in both the main jail and Central Booking and Detention.
Sgt. Ted Roy, public information officer for the Escambia County Sheriff’s Office, announced Thursday morning that the tests were negative both both diseases. He said visitations will resume as normal on Friday.
“The jail will still continue to monitor the situation,” Roy said.
Pelicans Lose, Captains Lose Too; Pels Need One Win to Clinch
August 27, 2009
The Pelicans lost to the Cats 1-0 Wednesday night, but will not lose any ground to the Captains. Though the first place Pelicans dropped the game, the Captains (three games back in second place) lost as well. The Pelicans maintain their three game lead entering the final four games of the regular season: at home against the Captains. Therefore, the Pelicans need to win just one game to clinch the division and consequently, a spot in the playoffs. Despite the loss Wednesday night, the Pelicans had a strong performance in the pitchers’ duel.
Pelicans’ starter Kevin Cooper pitched six scoreless innings, yielding just four hits and striking out two batters. Six total batters reached, as Cooper hit two batters with pitches. Bubba Nelson started relieving Cooper in the bottom of the sixth. Bubba would allow just one hit, but it was costly. After John Allen struck out (Nelson’s third K) as the first out of the bottom of the ninth, Nelson walked Michael Bell. After a wild pitch moved Bell to second base, he scored when Patterson singled to give the Cats the victory.
Pensacola threatened multiple times, but could never squeeze a run across. Antoin Gray led off the second inning with a single and ultimately advanced to third, but never came home. Marcos Rodriguez reached on an error by the third baseman in the fourth inning with two outs. He advanced to third base on a Dallas Christison single, but a fly out would end the inning scoreless. Marshall McDougall led off the top of the sixth with a single, but after two out, was stuck there. Rodriguez reached on an error by the pitcher, and McDougall advanced to third, but both runners would be stranded when the third out was recorded.
Probably the closest the Pelicans came to scoring was the third inning. Jason Diaz singled to start, and Francisco Leandro dropped down a sacrifice bunt to move him to second. When Kevin Reynolds walked, the Pelicans had runners at the corners and one out. On a pickoff attempt at first base, Diaz broke for home. John Allen caught the throw at first and tossed it to the plate. Kelley Gulledge tagged out Diaz, and the Pelicans wouldn’t advance Reynolds past first.
Marshall McDougall ended the night 2-4, as the Pelicans recorded six hits compared to the Cats’ five. The Pelicans hope to perform better Thursday, when they host the Captains for the first of the last four games of the regular season.
The Pelicans will start Dane DeValk against the Captains’ Richard Salazar on Thursday, with first pitch scheduled for 6:35 p.m. The Pelicans need win only one game to clinch the division and a playoff spot. Whoever does win the second half of the season will play the first half winner, Fort Worth, in Texas starting Tuesday. The best-of-five series will determine who plays the North Division Champion starting September 8.
FDLE Investigation Into Atmore Police Shooting Continues; Report To Head To State Attorney
August 27, 2009
The Florida Department of Law Enforcement is continuing their investigation into the the death of an Atmore man shot by Atmore Police near Walnut Hill three months ago.
Danny Ray Williams, 33, died May 25 from wounds he received when he was shot by Atmore Police early Sunday morning, May 24 in Walnut Hill. Atmore Police said Williams was seen leaving the scene of a shots fired call in Atmore when they gave chase. That chase came to an end on Highway 97 just south of Kansas Road when officers fired on Williams’ car after they say he attempted to run over them.
“It is still an active and ongoing investigation” Heather Smith, spokesperson for the Florida Department of Law Enforcement, told NorthEscambia.com Wednesday afternoon.
The investigation is still in the hands of the FDLE, with the final report set to be turned over to the State Attorney’s Office for review, Smith said. She said it could be a few more weeks before the investigation is completed.
Williams was shot by Atmore police officers following a high speed chase that started in Atmore and ended in Walnut Hill just south of Kansas Road about 1:45 a.m. on May 24.
Atmore Public Safety Directory Glen Carlee said the chase began after a reported shots fired incident near Ashley Street and Jones Street, a location about three miles driving distance from the Florida line. Officers say they spotted the Nissan Altima driven by Williams leaving the area of the shots fired call. That’s when the chase began that eventually crossed the state line into Florida. Carlee said Williams apparently tried to hit an Atmore Police Department cruiser head-on.
Once he stopped and officers approached the car with weapons drawn, Carlee says Williams accelerated toward an officer in an attempt to hit him. That prompted at least two officers to fire at Williams. Florida authorities told NorthEscambia.com at the scene that Williams had been shot at least once in the head.
For a complete gallery of exclusive photos from the scene and inside the car that you will see only on NorthEscambia.com, click here.
For a statement on the shooting released May 25 by the Atmore Police Department, click here.
For NorthEscambia.com’s original story on the shooting, click here.
Pictured above and below: The scene of a shooting involving an Atmore Police Department officer early May 24 in Walnut Hill. Pictured middle: Crime scene investigators from the Florida Department of Law Enforcement work to recover evidence inside the car. NorthEscambia.com exclusive photos, click to enlarge.
Jay Teachers Plead Not Guilty To Charges They Had Relationships With Students
August 27, 2009
Both Jay High School teachers accused of having inappropriate sexual relationships with underage students at the north Santa Rosa County school have pleaded not guilty.
Ashley Elenea Burkett, 31, and April Burford Watson, 33, both of Jay, entered written pleas to Santa Rosa County Judge Gary L. Bergosh.
Both women were released on $50,000 bond each after being booked into the Santa Rosa County Jail August 6 on three counts each of unlawful sexual activity with a minor, a second degree felony. Both were released on GPS monitors.
“The investigation was initiated on July 28, 2009 after an anonymous letter was sent to the Santa Rosa County School District alleging sexual relationships between two Jay High School teachers and male juveniles,” Santa Rosa County Sheriff’s Office Spokesman Sgt. Scott Haines said. The letter was turned over the Santa Rosa Sheriff’s Office for investigation.
“Interviews were conducted with the alleged victims in the case. Two victims alleged that they were involved in sexual activity with Watson at her residence and the residence of Burkett between the months of July and October 2007. One other victim alleged that he was involved in sexual activity with Burkett at her residence and the residence of Watson between the months of July and October 2007,” Haines said. “Both of the suspects were questioned by investigators and they both admitted to the unlawful sexual activity.”
For more about the case, click here for an August 6 NorthEscambia.com story.
Jobs Returning To Jay Oil Field; Applications Being Accepted Now
August 27, 2009
After laying off dozens of employees earlier this year, a Jay oil company is hiring again.
Quantum Resources of Denver, Colorado, laid off about 70 employees and stopped production in January, citing a large drop in oil prices and the recession
But after a state bill that provides exemptions and tax breaks to the six active oil producing companies in Florida, including Quantum, production is returning to Jay.
The company is hiring for positions like plant operators, safety technician, maintenance mechanic, warehouse coordinator and production operators. Applications are being accepted 10 a.m. to 2 p.m. through Friday at 5415 Oil Plant Road in Jay
The state is expected to lose $5.2 million in revenue from the oil company tax break bill, but Rep. Greg Evers, co-sponsor of the bill in the Florida House, said it will put people back to work, royalty checks back into the hands of property owners and contractors back on the job.
Company officials have not announced a date for resuming oil production in Jay.
Pictured above: Quantum Resources in Jay. NorthEscambia.com file photo, click to enlarge.
Still No Word On Pre-K Program At Molino Park
August 27, 2009
There’s still no word on a pre-kindergarten program at Molino Park Elementary School, but school officials are still hopeful the program will start 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.”
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.