Judge Rejects Teacher Performance Pay Challenge
May 3, 2013
A Leon County circuit judge Thursday sided with the state in a constitutional challenge to a 2011 law that links teacher pay and evaluations to student performance.
A group of teachers, backed by the Florida Education Association, contended in the challenge that the law violated constitutionally guaranteed collective-bargaining rights and that lawmakers had given too much decision-making authority to the state Board of Education.
But Circuit Judge John Cooper rejected the arguments in seven-page order, finding that the law does not “explicitly bar collective bargaining.”
“While the court finds it undisputed that the challenged provisions implicate mandatory subjects of bargaining, the court finds it equally undisputed that the act does not explicitly prohibit collective bargaining over any of the subjects embraced in its provisions,” Cooper wrote.
Andy Ford, president of the Florida Education Association, issued a statement expressing disappointment, but he left open the possibility that the union could appeal the ruling or undertake additional legal challenges.
“We’re discouraged that the court ruled against FEA members,” Ford said. “But there’s nothing in the ruling that prevents us from going to court in the future when specific aspects of SB 736 (the 2011 bill number) impairs our members’ collective bargaining rights. We believe that this has occurred already and will continue to occur throughout the state as this flawed law is implemented.”
The law, known as the “Student Success Act,” has been a highly controversial issue in the state’s education system, with supporters touting it as a way to spur improved schools and critics saying it would not be fair to teachers.
The teachers and FEA filed the lawsuit in 2011 and, in a later court document, said the law dictates numerous issues that ordinarily would be subject to collective bargaining.
“Senate Bill 736 prohibits an employer and an employee organization from agreeing to (or continuing to agree to) certain wages, hours and terms and conditions of employment that are customary in labor relations generally and public educational relationships in particular,” the November 2012 document said.
But attorneys for the state Board of Education and the state Department of Education responded in a document that the law is “facially neutral” about collective bargaining.
“The plaintiffs claim that any change to the educational system must be bargained,” the state’s attorneys wrote. “This would achieve unintended and unworkable results and is not what the law requires or mandates.”
Along with ruling against the teachers and union on the collective-bargaining issue, Cooper also rejected arguments that the law is unconstitutional because it delegates too much authority to the Board of Education to develop critical standards to measure learning growth. Broadly, the issue is about the separation of powers between the Legislature and the executive branch.
While the FEA lost in the circuit court, it also recently filed a federal challenge that alleges the law violates rights of teachers who are evaluated on test scores of students or subjects they don’t teach.
By The News Service of Florida
Senate Rejects Fertilizer Law Moratorium
May 3, 2013
The Senate on Thursday rejected a House proposal to put a three-year moratorium on new local laws aimed at preventing nitrogen pollution of water bodies and wetlands. The House had put language on an environmental regulation bill that would prevent local governments from putting fertilizer ordinances in place and calling for a study of effect of fertilizer runoff on the environment.
The moratorium would have prevented new ordinances to regulate “nonagricultural fertilizer or its use,” unless using a model ordinance adopted by the state between July 1, 2013 and June 3, 2016.
The Senate sponsor of the bill, Sen. Thad Altman, said the language was never heard in a Senate committee, and was highly controversial and that “to take it on Day 59 as an amendment from the House,” was a bad idea. The Senate voted to take the language out of the bill, which didn’t come up for a final vote. The Senate could take a vote on the bill without the fertilizer language on Friday. It would still need approval in its new form from the House.
By The News Service of Florida
Cantonment Building Inspection Office Closed Friday
May 2, 2013
The Escambia County Building Inspection Office at 3470 Highway 29 in Cantonment will be closed Friday, county officials said. The office will be open regular business hours beginning Monday, May 6.
Flash Flood Watch Today
May 2, 2013
There is a flash flood watch in effect for today. Here is your official North Escambia area forecast:
- Today: Showers and possibly a thunderstorm. Some of the storms could produce gusty winds and heavy rain. High near 74. East wind around 10 mph. Chance of precipitation is 100%.
- Tonight: Showers likely and possibly a thunderstorm. Some of the storms could produce gusty winds and heavy rain. Cloudy, with a low around 62. Northeast wind 5 to 10 mph. Chance of precipitation is 60%.
- Friday: Showers and thunderstorms likely. Cloudy, with a high near 78. Northeast wind around 10 mph becoming southwest in the afternoon. Chance of precipitation is 60%.
- Friday Night: A 40 percent chance of showers and thunderstorms. Cloudy, with a low around 47. Northwest wind 10 to 15 mph.
- Saturday: A chance of showers and thunderstorms before 1pm, then a slight chance of showers. Partly sunny, with a high near 71. Northwest wind around 10 mph. Chance of precipitation is 30%.
- Saturday Night: Mostly cloudy, with a low around 48. Southwest wind 5 to 10 mph.
- Sunday: A 20 percent chance of showers. Mostly sunny, with a high near 77. Southwest wind 5 to 10 mph increasing to 10 to 15 mph in the afternoon. Winds could gust as high as 20 mph.
- Sunday Night: A 20 percent chance of showers. Partly cloudy, with a low around 48. West wind 5 to 15 mph.
- Monday: Mostly sunny, with a high near 73. West wind 5 to 15 mph.
- Monday Night: Partly cloudy, with a low around 51.
- Tuesday: Mostly sunny, with a high near 77.
- Tuesday Night: Partly cloudy, with a low around 55.
- Wednesday: Mostly sunny, with a high near 82.
Century Man Arrested On Federal Weapons Charges While Coaching T-Ball
May 2, 2013
Authorities said a Century man was arrested on a federal weapons charge while coaching a little league t-ball game Tuesday afternoon at a Century ballpark.
Joshua Duane Griffis, age 26 of North Century Boulevard, was indicted by a federal grand jury on charges of unlawful transport of firearms and transport of stolen firearms. According to the indictment, Griffis is a convicted felon, having been convicted of fraudulent use of a credit card, burglary of an unoccupied dwelling and burglary of an occupied dwelling.
Count one of the indictment alleges that Griffis knowingly possessed a .22 caliber revolver in violation of federal law during September 2012. Count two alleges Griffis knowingly concealed and disposed of the stolen firearm during the same time period.
Griffis was taken into custody without incident, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Escambia County Sheriff’s Office.
Griffis made his first appearance in federal court Wednesday before Senior United States District Judge Lacey A. Collier. Collier ordered Griffis held without bond until a detention hearing Monday in federal court in Pensacola before Magistrate Judge Elizabeth M. Timothy.
NorthEscambia.com Publisher Named One Of Area’s Most Influential People
May 2, 2013
The Pensacola Independent News has released their 2013 IN Power List — their list of the most influential leaders in Escambia and Santa Rosa counties.
Only two people that work primarily in the North Escambia area were named to the list — NorthEscambia.com publisher William Reynolds of Walnut Hill and Escambia County Commissioner Steven Barry of Cantonment.
Topping this year’s list was Escambia County Sheriff David Morgan.
For the Independent News story about the IN Power List, click here.
Sunshine Hill Road Bridge To Close Next Week
May 2, 2013
The Sunshine Hill Road Bridge in Molino will close Tuesday, May 7, at 8 a.m. as part of a construction project to be completed by the Escambia County Roads Department.
It is estimated that the repair effort will take approximately four months. Motorists are asked to use Highway 97 and Crabtree Church Road as alternate routes.
The bridge, located just south of Cedar Springs Road, was closed for a few weeks late last year for temporary repairs.
As previously reported, the Boggy Creek Bridge on Highway 97A in Bay Springs will close Monday for replacement. [Read more...]
Jay Doctors Reissued Drug Licenses
May 2, 2013
Two Jay doctors that were the target of a federal drug raid nearly two years ago are once again licensed to prescribe narcotics.
Dr. C. David Smith and his son, Dr. Michael Smith of the Jay Medical Center, applied to reinstate their Drug Enforcement Agency licenses on April 22; the federal licenses were issued the following day and arrived in the mail last Saturday, David Smith said Wednesday.
“It’s a big step toward getting things back to normal around here,” the elder Smith said. “We have a lot of patients that we just could not help that could not afford to see a specialist or go to another doctor to get their medical needs met.”
On the morning of July 28, 2011, the FBI, DEA, the Attorney General’s Office, the Florida Department of Health and Florida Department of Law Enforcement spent hours inside the Jay Medical Clinic as Florida Highway Patrol troopers stood guard outside the complex. Federal and state agents could be seen inside the building, looking through patient files and other records. The removed many items including patient records and computer hard drives. Both doctors were forced to surrender their DEA licenses to write prescriptions for narcotics. The Jay Medical Center was able to reopen the following day.
“We never really heard anything back from the authorities,” Smith said. “We are approaching the two year mark, and figured that no news was good news, and it was time to move forward.”
Smith and his son are also applying to have their Baptist Hospital credentials restored; the doctors requested and were granted a leave of absence after they lost their ability to prescribe narcotics.
“It’s all coming back together, and we will be able to do a better job for our communities,” he said.
No charges were ever filed against the father or son Dr. Smith. The other two physicians in the practice, Dr. Marian B. Stewart and Dr. Jeffery S. Kelley were never targets of the investigation and never lost their licenses to issue all prescriptions, including narcotics.
David Smith has been a licensed physician in Florida since 1980, while Michael Smith has held his physician’s license since 2003. Neither man has any public complaints on file with the Florida Department of Health. Dr. David Smith was awarded a Florida Rural Health Association lifetime achievement award.
Pictured top: The Jay Medical Center was the target of a federal and state raid on July 28, 2011. Pictured bottom inset: Agents search records inside the facility. Pictured below: A state trooper stands guard outside the facility during the 2011 raid. NorthEscambia.com file photos, click to enlarge.
National Day Of Prayer Events Today In Century, Atmore
May 2, 2013
National Day of Prayer events will be held today in Century and Atmore as follows:
Century – National Day of Prayer
A Century community National Day of Prayer service will be held at 6 p.m. at the Ag Building on West Highway 4 at Industrial Boulevard.
Atmore – National Day of Prayer
EVENING SERVICES AT TOM BYRNE PARK* – 5:00pm
Members of the Escambia Co. Middle School Chorus will present a sacred and patriotic music program.
COMMUNITY PRAYER SERVICE – 5:30pm
Meet at the gazebo.
CHILDREN’S PRAYER SERVICE – 5:30 – 6:30pm
Located at the tennis court for grades K-6 who are accompanied by an adult.
BIBLE READING – 6pm – 6:30pm
Bring your Bible to read as a prayer and blessing over our community.
Rain location for evening events is the Escambia County High School gym.
Blue Wahoos Lose To The Biscuits
May 2, 2013
The Pensacola Blue Wahoos returned home after a nine-game road trip but faced many of the same offensive issues they dealt with on the road in a 2-1 setback to the Montgomery Biscuits in front of 4,200 fans on Wednesday night at Pensacola Bayfront Stadium.
Both teams struggled offensively with 25+ MPH winds blowing in from center field throughout the game. Despite the elements, Montgomery was able to break through with single tallies in the sixth and seventh for the only runs of the game. In the sixth inning, Kevin Kiermaier reached an error with one out and two batters later, Mikie Mahtook singled him home to give the Biscuits a 1-0 advantage.
An inning later, the first two runners reached on singles against reliever Loek Van Mil, and Shawn O’Malley brought home an insurance run with a groundout to shortstop Devin Lohman.
Tucker Barnhart launched his second homer of the season to lead off the ninth, but Juan Sandoval retired the next three batters he faced to pick up his fifth save of the season.
With no run support, Chad Rogers (2-1) was the tough-luck loser for Pensacola despite his fourth consecutive quality start. Rogers went six innings allowing an unearned run on four hits while striking out a season-high seven.
Jacob Thompson (2-2) worked around a bases loaded jam with one out in the second and didn’t face any trouble throughout the rest of his outing. Thompson fired six two-hit innings while striking out three and walking four.
Pensacola will look to snap its two-game skid in game two of the series on Thursday against Montgomery at 7:00 p.m. Ryan Dennick will toe the rubber for the Blue Wahoos against the Biscuits’ Matt Buschmann.
story by Kevin Burke