From: Shawn Heath
Sent: Friday, March 13, 2015 4:27 PM
To: mdd@co.walton.fl.us; Bill Warner (billwarner@warnerlaw.us)
Cc: Sidney Noyes (noysidney@co.walton.fl.us); Kendall Henley (kendallhenley@warnerlaw.us); Crissie Singletary (sincrissie@co.walton.fl.us); Gregory T. Stewart (gstewart@ngnlaw.com)
Subject: Driftwood - Sources of funds for Walton County - GRM
Importance: High
Mark and Bill
For years we have pointed out multiple sources of funds that the County could obtain or pursue to address the flooding and other problems in Driftwood.
One of those is a claim against George Ralph Miller for breach of fiduciary duty. As shown by the attachments:
1. He testified that he was Walton County’s attorney from 1968- to about 2002
2. His file indicates that he represented Walton County on the 2002 NOPC regarding Sandestin.
3. In March 2003, the Driftwood developer (Olson) hired GRM to obtain a development order which he was able to do and avoid all public hearings and public notices and many of the requirements of the Comp Plan and Land Development Code.
4. In 2005 in represented Olson before the BCC regarding Driftwood and negotiated Olson’s settlement agreement with Walton County. (He also worked with Adams Homes in a joint defense arraignment at that time.)
5. In 2007 he represented Olson again before the BCC regarding Driftwood and appeared as counsel of record for Olson in this lawsuit and has never withdrawn.
6. In spring 2010 Walton County paid him for his legal advice on Driftwood. (Without a written contract in place.) He was hired by Lynn Hoshihara at Commissioner Brannon’s instruction.
7. In 2010 and 2011 he represented Walton County in its discussions and adverse issues with Sandestin and Mr. Becnel.
8. After 2011 he, and Lloyd Blue, represented Mr. Becnel in advancing Mr. Becnel’s interests with Walton County for Sandestin. Lynn Hoshihara attended those meetings for the County. She authorized payment of Mr. Miller’s invoices for many months prior that to advise Walton County concerning Sandestin.
Mr. Miller’s conduct for Olson betrayed his duties to his former client (Walton County) in part because GRM circumvented the lawful process to obtain the development order and later, in his role as the County’s attorney, advise the county concerning the legality and propriety of the Driftwood neighborhood. Its rational to believe that he had a self-interest and the interest of Olson in not advising the County properly, objectively about Driftwood and Sandestin or the extent of his prior role.
Most lawyers would view this as a relatively easy case of liability. The County should have required Mr. Miller to maintain a professional liability policy of at least $1 million, so the County should make a claim and then use those funds to help solve problems in Driftwood. That should be an easy case.
From: Shawn Heath
Sent: Monday, March 09, 2015 11:47 AM
To: mdd@co.walton.fl.us; Bill Warner (billwarner@warnerlaw.us); Sidney Noyes (noysidney@co.walton.fl.us)
Cc: roogenara@co.walton.fl.us; Kendall Henley (kendallhenley@warnerlaw.us)
Subject: Driftwood - misc --
Importance: High
Mark and Bill
1. If you recall, Angie Biddle’s deposition was slow and cumbersome because her file was somewhat out of order. If you guys will send me email copy of her file to me in the order that she wants it, we will bates # it and I’ll bring copies for everyone next week. Also, please ask Commissioners Comander and Jones to come to their depositions next week with any documents that likely will be germane to their testimony.
2. We are about to start spending a significant amount of money for experts to update their work and for additional experts. We have already spent tens of thousands of dollars on experts. Obviously our clients, who are not large corporations, would prefer not to spend that money. Based on what our clients have learned (and are continuing to learn) about Walton County’s deliberate actions against them, all of them are committed to take this case to the end. ( I do not think anyone doubts Alan’s commitment; he will go broke and worse before he quits.) Frankly, our experts, after they studied this case, have also expressed their personal disgust and disbelief at the conduct of the government, such that I know they will continue to work on this case even if our clients could not pay them anymore. (I will also.) I have also had many people with resources express their support for our case and that they would also help fund this case if we need it; in light of the Hampton Inn controversy many of those home owners in Seaside also feel the same way.
3. Every week or so, we receive documents from Walton County that should have been produced years ago in response to public records requests that clearly asked for any document related to “Driftwood.” (Walton County’s 2010 grant application is a good example; it specifically concerned Driftwood. It also involved Renee Bradley and Bill Imfield but neither of them mentioned it in prior depositions when its existence was within the scope of my questions to them.) In light of the inordinate delay to produce emails and other documents responsive to our public records requests and Walton County’s repeated failure to disclose so many documents over these years that directly relate to Driftwood, it is rational to conclude that many of those documents will be adverse to Walton County. Moreover, to the extent that those documents are not timely produced before the depositions of Walton County witnesses, then I intend to take (or retake) the deposition of witness who are relevant to those documents.
4. I say all of that to say this. Our clients will not settle unless they are repaid ALL of their costs and fees in addition to other satisfactory terms. The longer this litigation goes on and the more they spend simply increases the amount of any settlement.
The extended litigation obviously also increases the County’s expense and resources for all of the following:
- paying for 2 lawyers (Bill Warner and Linda Wade) and Bill’s assistant.
- 2 other lawyers time—you and your assistant staff counsel,
- I also know that a 5[SUP]th[/SUP] lawyer (Greg Stewart) is working on issues that will be at the heart of this case
- your staff’s considerable time
- all of the commissioners time and their assistant’s time
- Walton County’s staff’s time for depositions and discovery requests at least the following departments:
o planning,
o accounting,
o engineering,
o clerk of courts,
o tax assessor
o tax collector
o public works
Consider that at last month’s depositions, Walton County was paying for 4 lawyers to attend plus multiple members of County staff. The collective value of all of that time was at least $1000 per hour of cost to the County. With preparation, that week probably cost Walton County $40,000.
I know that the taxpayers association and others will be adding up all of the amounts that Walton County has spent in legal fees and other costs in fighting against Driftwood for something that Walton County has known is a serious problem for years. The taxpayers association will also calculate the lost value in tax revenue to Walton County from lost home values in Driftwood. We also know that the taxpayers association is sympathetic to our clients plight and sees the best use of taxpayers money now is to resolve the case and find solutions instead of wasting tens of thousands of more money in legal fees.
We all know that even if Walton County wins every aspect of this case, it will cost Walton County hundreds of thousands of dollars and the County will still have to address the drainage and mosquito problem which will cost the County millions of dollars more.
In light of the Driftwood Road Analysis Report prepared by Walton County in 2011 (that was revealed for the first time last month) (See attached Exhibit 396), the roads in Driftwood II have significant cracking requiring repair and a geotechnical engineering analysis such that the County will not accept maintenance responsibilities for those road until the Driftwood II Homeowner’s Association performs the repairs that County should have required the developer to perform. It was also these roads and stormwater drainage system that Greg Graham approved just months before in 2010.
Now the problem is that DR Horton took over control of the Driftwood II HOA, but has never been required by Walton County to address those problems. Instead the County has allowed continued construction of homes in Driftwood exacerbating that road cracking and deterioration by heavy dump truck traffic volume (which has further harmed the roads in Driftwood I that Walton County made those homeowners pay for via a MSBU.) The Driftwood II HOA likely will not have the funds to address these expensive problems (many of the homes in the interior have been foreclosed and many are cracking) so Walton County will have to otherwise leave those people at increased risk or pay for the repairs.
In allowing the continued construction of homes in Driftwood, the County has also knowingly increased the risk to the thousands of its residents because the County’s own grant application to the State of Florida acknowledges that the access is a major life safety concern. (These would have been ample grounds for the County to at least suspend construction to address a significant life safety issue.)
Meanwhile all of these problems also a significant drag on all property values of ALL of the homes in Driftwood (as reflected in the tax assessor’s own valuations) which of course means that not only has Walton County created and allowed itself to become functionally responsible for millions of dollars of infrastructure repair costs, it has significantly reduced its tax revenue from Driftwood; it’s a lose—lose for Walton County. It should not be forgotten that the developers and builders in Driftwood made tens of millions of dollars in profit while leaving Walton County with all of these problems that Walton County knowingly enabled.
So, any rational person should see that the most beneficial use of the taxpayers money is to stop paying legal fees and use those and other funds to fix the problems.
There are ample viable solutions for these problems that can decrease the further irrational waste of Walton County’s taxpayer’s money, but even the time for those is passing by the County’s slumber.
NOW—before both the County and our clients spend hundreds of thousands of more dollars (we will file new lawsuits within the next 30 days)—is the time that we should try to settle this case. We both know that none of these facts will materially change between now and the mediation in July, so there really is no economic value to anyone—except the lawyers—to settle this case.
Please let me know your response by tomorrow afternoon—even if it is an unequivocal “No” as I cannot wait much longer than that to have my experts start their work again.
Respectfully
Shawn Heath
*****More to Come*****
Replies
54
Banned
She was at the Santa Rosa Beach Publix at 10:40am yesterday, and was shopping around just fine.
Can you tell us if she took a bathroom break? What time was it? Was it a "potty stop" or was there more to it?
OR, if she is no longer represented by our tax dollars in her private / personal legal matter, she can then dodge the deposit all she wants.
How does one dodge a deposit?
Beach Comber
"She was at the Santa Rosa Beach Publix at 10:40am yesterday, and was shopping around just fine."
Really? She's not allowed to go buy groceries? You'd probably come off as much less of an ahole in your comments if you and peterpan refrained from posting these creepy "saw her at x place at x time on x date" comments. Arguing that you believe she has no grounds to delay depositions is one thing, but constantly posting about seeing her at the grocery store or at Target is beyond creepy and just makes you sound like a deranged stalker. Her medical condition is her business, and you are acting like the only medical conditions that are legitimate are ones that keep a person 100% bed-bound and paralyzed. I would think you of all people would realize that there are a bevy of medical conditions out there that don't prevent a person from walking around and buying their own groceries, as your stalking behavior seems to indicate you possess some sort of malady relating to your own mental health that could benefit from the oversight of a trained medical physician.
Really? She's not allowed to go buy groceries? You'd probably come off as much less of an ahole in your comments if you and peterpan refrained from posting these creepy "saw her at x place at x time on x date" comments. Arguing that you believe she has no grounds to delay depositions is one thing, but constantly posting about seeing her at the grocery store or at Target is beyond creepy and just makes you sound like a deranged stalker. Her medical condition is her business, and you are acting like the only medical conditions that are legitimate are ones that keep a person 100% bed-bound and paralyzed. I would think you of all people would realize that there are a bevy of medical conditions out there that don't prevent a person from walking around and buying their own groceries, as your stalking behavior seems to indicate you possess some sort of malady relating to your own mental health that could benefit from the oversight of a trained medical physician.
Beach Fanatic
Can you tell us if she took a bathroom break? What time was it? Was it a "potty stop" or was there more to it?
No bathroom break, just shopping, around 10:40 am.
How does one dodge a deposit?
Spelling error, should have read "depo" as in the deposition that she is so desperately trying to avoid to have to give.
Beach Fanatic
"She was at the Santa Rosa Beach Publix at 10:40am yesterday, and was shopping around just fine."
Really? She's not allowed to go buy groceries? You'd probably come off as much less of an ahole in your comments if you and peterpan refrained from posting these creepy "saw her at x place at x time on x date" comments. Arguing that you believe she has no grounds to delay depositions is one thing, but constantly posting about seeing her at the grocery store or at Target is beyond creepy and just makes you sound like a deranged stalker. Her medical condition is her business, and you are acting like the only medical conditions that are legitimate are ones that keep a person 100% bed-bound and paralyzed. I would think you of all people would realize that there are a bevy of medical conditions out there that don't prevent a person from walking around and buying their own groceries, as your stalking behavior seems to indicate you possess some sort of malady relating to your own mental health that could benefit from the oversight of a trained medical physician.
Please show me one other post where I cited seeing her..., I can't go shopping and report in as to whom I saw? That lady with the piece in the Walton Sun makes a living at it...
She was seen shopping and walking around just fine in Santa Rosa Beach Publix.
Isn't her office on the other side of the bay? Did she travel here specifically to shop at Publix?
If she can do that, she can be deposed. If my tax dollars (as are yours) are paying for her attorney, we get to be present to see our money at work. If not, foot your own legal bill Commish
Beach Fanatic
Your tax dollars are at work because the BCC is covered when sued as is the case with Sara Comander. Small price to pay for having to suffer the outlandish BS that comes from some that is directed at our elected officials. As I've said many times if you don't like it, run for office. Bear in mind there would be no attorney's fees if, what I and many others consider, a frivolous lawsuit had not been filed.
Beach LoverAuthor
Linda
1. I can agree to take Commissioner Comander deposition for 3 hours per day as long one of those days occurs during the April 20 -24 deposition week and the other days occur by April 30. That’s contingent on an affidavit from her physician that such is necessary. The affidavit need not specifically identify her medical issue that prevents her from testifying for longer than 3 hours at a time. I need this because the notice to me of Commissioner Comander’s condition in February was after 6:00 pm on the Friday evening before the week of those depositions and resulted in wasted time at my client’s expense.
2. I cannot, however, agree that the deposition be moved to Destin Reporting or that the attendees be limited to the parties and their counsel. Foremost, Destin Reporting’s largest conference room will only allow only 10 seats at the table and maybe 4 other seats in the room. There will not be sufficient space in that conference room. We have 8 clients and me. In February when I deposed Walton County witnesses who were staff members, Walton County had 3 lawyers in the room, plus you, plus Mr. Warner’s assistant. (That week alone probably cost Walton County’s taxpayers $40,000.) We also have the court reporter, Adams Homes lawyers and Campbell’s lawyers. Mr. Don Adams on behalf of Adams Homes has attended most of the depositions during the 8 years of this case.
3. Furthermore, Commissioner Comander is obviously an elected official and a constitutional officer. The claims against her in this lawsuit concern her actions that she took in her official capacity as an elected officer in violation of the United States Constitution. (Your characterization that this lawsuit concerns only a single email is incorrect. It concerns Commissioner Comander’s retaliation against Mr. Osborne because he had previously exercised his constitutional rights to appropriately address his government at prior public meetings.) That means that this case concerns a long history of retaliatory acts by Commissioner Comander and Mr. Osborne’s prior exercise of his constitutional rights. Those events explain why Commissioner Comander’s actions were unlawfully retaliatory and how her actions relate to the County’s knowledge (and cover-up) for years that Sandestin was overbuilt and that Driftwood was flooding, but the County did nothing because if the County took action then it put at risk tens of millions of dollars of local developers assets.
4. As such this case concerns the conduct (or misconduct) of the taxpayer’s elected officials. The citizens of the county and Commissioner Comander’s constituents have a right to know and assess for themselves the conduct of their elected officials particularly if a public officer abused her authority and the public’s trust to deny a citizen his constitutional rights. Depositions are court proceedings and, just like trials, open to the public. (That constitutional right was secured because of the abuses of the King of England in controlling the court system.) There should be ample space at the deposition for those, like the taxpayers association and the media, who wish to come hear their elected official testify. The location we have chosen provides that and is centrally located in Commissioner Comander’s district; Destin reporting is not.
5. Finally, there is nothing extraordinary about the circumstances or environment of Commissioner Comander’s deposition that should call for the public to be prohibited entry. The case does not concern her personal affairs. Commissioner Comander has been elected to office for several years for the very purpose that the job was for public service and that she would be and has attended (and often presided) over hundreds of public hearings that sometimes last 6 hours or more. (Some of those have been recently.) She is accustomed to public visibility and responsibility and in taking action and speaking in front of large groups of people often on controversial issues.
6. We are empathetic to Ms. Comander’s medical condition. Still President Roosevelt, while he had crippling polio and was in the last years of his life, made the arduous voyage by ship across the Atlantic Ocean several times during World War II while German submarines patrolled looking to sink American vessels. President Clinton was required to sit for deposition--while he was President—in a case that concerned his purely private conduct. Last month, Mr. Osborne made time in his schedule to be deposed for an entire day even though his professional duties had required him to attend to the onsite operations at the military helicopter crash site where several soldiers and marines died. He had worked long hours for many days before his deposition yet arrived at his deposition at the date and location that you required him to appear at and still agreed to answer all of the lawyers questions for over 8 hours even though he was physically and intellectually exhausted. (Linda there is an uneven irony in all of this. I have repeatedly asked you to comply with the rules and simply identify the subject matter on which your listed witnesses will testify. You refuse. Yet you seek to dictate the location and terms of the deposition that I wish to take. Stunning hubris.)
7. In comparison, what is being asked of Commissioner Comander is relatively easy and completely ordinary. She will simply sit in a comfortable chair, in a pleasant air-conditioned room that has a wide view of the blue gulf waters and answer questions. Those who want to attend can do so just as they could any other deposition. As such, we believe that it is constitutionally protected and responsible citizenship to allow taxpayers and the media to hear a public official speak about the exercise of her power and authority as a public officer against one of their own citizens.
If you file a motion, please kindly include this correspondence with the motion so my position is included. There is much information out “there” that is inaccurate.
Respectfully
Shawn Heath
1. I can agree to take Commissioner Comander deposition for 3 hours per day as long one of those days occurs during the April 20 -24 deposition week and the other days occur by April 30. That’s contingent on an affidavit from her physician that such is necessary. The affidavit need not specifically identify her medical issue that prevents her from testifying for longer than 3 hours at a time. I need this because the notice to me of Commissioner Comander’s condition in February was after 6:00 pm on the Friday evening before the week of those depositions and resulted in wasted time at my client’s expense.
2. I cannot, however, agree that the deposition be moved to Destin Reporting or that the attendees be limited to the parties and their counsel. Foremost, Destin Reporting’s largest conference room will only allow only 10 seats at the table and maybe 4 other seats in the room. There will not be sufficient space in that conference room. We have 8 clients and me. In February when I deposed Walton County witnesses who were staff members, Walton County had 3 lawyers in the room, plus you, plus Mr. Warner’s assistant. (That week alone probably cost Walton County’s taxpayers $40,000.) We also have the court reporter, Adams Homes lawyers and Campbell’s lawyers. Mr. Don Adams on behalf of Adams Homes has attended most of the depositions during the 8 years of this case.
3. Furthermore, Commissioner Comander is obviously an elected official and a constitutional officer. The claims against her in this lawsuit concern her actions that she took in her official capacity as an elected officer in violation of the United States Constitution. (Your characterization that this lawsuit concerns only a single email is incorrect. It concerns Commissioner Comander’s retaliation against Mr. Osborne because he had previously exercised his constitutional rights to appropriately address his government at prior public meetings.) That means that this case concerns a long history of retaliatory acts by Commissioner Comander and Mr. Osborne’s prior exercise of his constitutional rights. Those events explain why Commissioner Comander’s actions were unlawfully retaliatory and how her actions relate to the County’s knowledge (and cover-up) for years that Sandestin was overbuilt and that Driftwood was flooding, but the County did nothing because if the County took action then it put at risk tens of millions of dollars of local developers assets.
4. As such this case concerns the conduct (or misconduct) of the taxpayer’s elected officials. The citizens of the county and Commissioner Comander’s constituents have a right to know and assess for themselves the conduct of their elected officials particularly if a public officer abused her authority and the public’s trust to deny a citizen his constitutional rights. Depositions are court proceedings and, just like trials, open to the public. (That constitutional right was secured because of the abuses of the King of England in controlling the court system.) There should be ample space at the deposition for those, like the taxpayers association and the media, who wish to come hear their elected official testify. The location we have chosen provides that and is centrally located in Commissioner Comander’s district; Destin reporting is not.
5. Finally, there is nothing extraordinary about the circumstances or environment of Commissioner Comander’s deposition that should call for the public to be prohibited entry. The case does not concern her personal affairs. Commissioner Comander has been elected to office for several years for the very purpose that the job was for public service and that she would be and has attended (and often presided) over hundreds of public hearings that sometimes last 6 hours or more. (Some of those have been recently.) She is accustomed to public visibility and responsibility and in taking action and speaking in front of large groups of people often on controversial issues.
6. We are empathetic to Ms. Comander’s medical condition. Still President Roosevelt, while he had crippling polio and was in the last years of his life, made the arduous voyage by ship across the Atlantic Ocean several times during World War II while German submarines patrolled looking to sink American vessels. President Clinton was required to sit for deposition--while he was President—in a case that concerned his purely private conduct. Last month, Mr. Osborne made time in his schedule to be deposed for an entire day even though his professional duties had required him to attend to the onsite operations at the military helicopter crash site where several soldiers and marines died. He had worked long hours for many days before his deposition yet arrived at his deposition at the date and location that you required him to appear at and still agreed to answer all of the lawyers questions for over 8 hours even though he was physically and intellectually exhausted. (Linda there is an uneven irony in all of this. I have repeatedly asked you to comply with the rules and simply identify the subject matter on which your listed witnesses will testify. You refuse. Yet you seek to dictate the location and terms of the deposition that I wish to take. Stunning hubris.)
7. In comparison, what is being asked of Commissioner Comander is relatively easy and completely ordinary. She will simply sit in a comfortable chair, in a pleasant air-conditioned room that has a wide view of the blue gulf waters and answer questions. Those who want to attend can do so just as they could any other deposition. As such, we believe that it is constitutionally protected and responsible citizenship to allow taxpayers and the media to hear a public official speak about the exercise of her power and authority as a public officer against one of their own citizens.
If you file a motion, please kindly include this correspondence with the motion so my position is included. There is much information out “there” that is inaccurate.
Respectfully
Shawn Heath
Banned
She was seen shopping and walking around just fine in Santa Rosa Beach Publix.
SO?
Isn't her office on the other side of the bay?
I live on the north side of the bay, in Comander's district...does that mean I can only shop at WalMart or Winn Dixie??
Did she travel here specifically to shop at Publix?
And what if she did? Are her tax dollars not appreciated in SoWal?
Between you and peter pan you both sound like unstable mental patients stalking a public figure.
Edited
Banned
Linda
1. I can agree to take Commissioner Comander deposition for 3 hours per day as long one of those days occurs during the April 20 -24 deposition week and the other days occur by April 30. That’s contingent on an affidavit from her physician that such is necessary. The affidavit need not specifically identify her medical issue that prevents her from testifying for longer than 3 hours at a time. I need this because the notice to me of Commissioner Comander’s condition in February was after 6:00 pm on the Friday evening before the week of those depositions and resulted in wasted time at my client’s expense.
2. I cannot, however, agree that the deposition be moved to Destin Reporting or that the attendees be limited to the parties and their counsel. Foremost, Destin Reporting’s largest conference room will only allow only 10 seats at the table and maybe 4 other seats in the room. There will not be sufficient space in that conference room. We have 8 clients and me. In February when I deposed Walton County witnesses who were staff members, Walton County had 3 lawyers in the room, plus you, plus Mr. Warner’s assistant. (That week alone probably cost Walton County’s taxpayers $40,000.) We also have the court reporter, Adams Homes lawyers and Campbell’s lawyers. Mr. Don Adams on behalf of Adams Homes has attended most of the depositions during the 8 years of this case.
3. Furthermore, Commissioner Comander is obviously an elected official and a constitutional officer. The claims against her in this lawsuit concern her actions that she took in her official capacity as an elected officer in violation of the United States Constitution. (Your characterization that this lawsuit concerns only a single email is incorrect. It concerns Commissioner Comander’s retaliation against Mr. Osborne because he had previously exercised his constitutional rights to appropriately address his government at prior public meetings.) That means that this case concerns a long history of retaliatory acts by Commissioner Comander and Mr. Osborne’s prior exercise of his constitutional rights. Those events explain why Commissioner Comander’s actions were unlawfully retaliatory and how her actions relate to the County’s knowledge (and cover-up) for years that Sandestin was overbuilt and that Driftwood was flooding, but the County did nothing because if the County took action then it put at risk tens of millions of dollars of local developers assets.
4. As such this case concerns the conduct (or misconduct) of the taxpayer’s elected officials. The citizens of the county and Commissioner Comander’s constituents have a right to know and assess for themselves the conduct of their elected officials particularly if a public officer abused her authority and the public’s trust to deny a citizen his constitutional rights. Depositions are court proceedings and, just like trials, open to the public. (That constitutional right was secured because of the abuses of the King of England in controlling the court system.) There should be ample space at the deposition for those, like the taxpayers association and the media, who wish to come hear their elected official testify. The location we have chosen provides that and is centrally located in Commissioner Comander’s district; Destin reporting is not.
5. Finally, there is nothing extraordinary about the circumstances or environment of Commissioner Comander’s deposition that should call for the public to be prohibited entry. The case does not concern her personal affairs. Commissioner Comander has been elected to office for several years for the very purpose that the job was for public service and that she would be and has attended (and often presided) over hundreds of public hearings that sometimes last 6 hours or more. (Some of those have been recently.) She is accustomed to public visibility and responsibility and in taking action and speaking in front of large groups of people often on controversial issues.
6. We are empathetic to Ms. Comander’s medical condition. Still President Roosevelt, while he had crippling polio and was in the last years of his life, made the arduous voyage by ship across the Atlantic Ocean several times during World War II while German submarines patrolled looking to sink American vessels. President Clinton was required to sit for deposition--while he was President—in a case that concerned his purely private conduct. Last month, Mr. Osborne made time in his schedule to be deposed for an entire day even though his professional duties had required him to attend to the onsite operations at the military helicopter crash site where several soldiers and marines died. He had worked long hours for many days before his deposition yet arrived at his deposition at the date and location that you required him to appear at and still agreed to answer all of the lawyers questions for over 8 hours even though he was physically and intellectually exhausted. (Linda there is an uneven irony in all of this. I have repeatedly asked you to comply with the rules and simply identify the subject matter on which your listed witnesses will testify. You refuse. Yet you seek to dictate the location and terms of the deposition that I wish to take. Stunning hubris.)
7. In comparison, what is being asked of Commissioner Comander is relatively easy and completely ordinary. She will simply sit in a comfortable chair, in a pleasant air-conditioned room that has a wide view of the blue gulf waters and answer questions. Those who want to attend can do so just as they could any other deposition. As such, we believe that it is constitutionally protected and responsible citizenship to allow taxpayers and the media to hear a public official speak about the exercise of her power and authority as a public officer against one of their own citizens.
If you file a motion, please kindly include this correspondence with the motion so my position is included. There is much information out “there” that is inaccurate.
Respectfully
Shawn Heath
It did not go unnoticed that you removed the headers from the email this go round. How is it your are privy to private emails....have you got Osborne sending you this stuff or are you posting under your new pseudonym Alan?
Beach Fanatic
SO?
I live on the north side of the bay, in Comander's district...does that mean I can only shop at WalMart or Winn Dixie??
And what if she did? Are her tax dollars not appreciated in SoWal?
Between you and peter pan you both sound like unstable mental patients stalking a public figure.
Because if she is well enough to drive all over Walton to shop, she is well enough to Swear Under Oath to Tell The Truth in a Depo, that's why.
Beach Fanatic
Because if she is well enough to drive all over Walton to shop, she is well enough to Swear Under Oath to Tell The Truth in a Depo, that's why.
You have no conception of what her medical problem is, and yet you have the audacity to judge what she can and cannot do, where, when and how. You have no idea of what her doctor has ordered and what that physician will allow her to do in her present condition. I don't know where you were raised or how but someone didn't teach you to have common sense and compassion for other human beings.
Beach Fanatic
Alan is not Wile Coyote Alan has been cut off from this site for a long time. If this upsets Sarah she should not read the postings. Was it stressful for her to load all the things In her car last night after the candidate forum?
Banned
Alan is not Wile Coyote Alan has been cut off from this site for a long time. If this upsets Sarah she should not read the postings. Was it stressful for her to load all the things In her car last night after the candidate forum?
Stalker....
Beach Fanatic
Stalker....
Worse than that. peterpan is someone who rymes with class and pole. Sara Comander is being harrassed by individuals who want to see her resign. The majority of Walton County residents are astute enough to realize that overall she is an exceptional Commissioner. She may die in office but she will not be bullied into resigning so that a few neanderthals in the county might have a chance to take control of the BCC. It ain't gonna happen as long as the majority of Walton County citizens are aware of what is transpiring. Anyone who is not part of a very selective group and understands what that group is attempting to do, will also understand from where Commissioner Comander comes from.
We all know Wile Coyote is not Alan Osborne. I have not heard anything about his being banned from this site and it wouldn't upset anyone if he was, which I doubt. I think he is just keeping his mouth shut. Finally, for those of you who might not believe that Commissioner Comander is being harrassed, stalked and spied upon, how else do you explain all the postings about her non stressful actions? Would any of you condone or accept what is shown above happening to you? I certainly do not think so, nor would I.
Beach Fanatic
Seems I remember Alan saying he was experiencing the same type of stuff a few years ago.
Beach Fanatic
She is dodging the deposition.
Fear of having to tell truth.
Fear of having to tell truth.
Beach Fanatic
I hope that soon we can come to a place where the public discourse is conducted in a civilized manner. There has been wrong done in the past by individuals on both sides of this issue. What needs to happen is to solve the problems in Driftwood once and for all and move on. I know the issues there are real, I have observed them personally. I know mistakes were made in the past. But some of this activity is doing nothing but angering people and turning off potential supporters. The sad thing is that we are spending thousands of taxpayer dollars on legal fees when those dollars could be used to finally solve the problems.
Banned
Seems I remember Alan saying he was experiencing the same type of stuff a few years ago.
So... two wrongs make it alright. Gotcha!
Beach Fanatic
So... two wrongs make it alright. Gotcha!If you think that is what was meant you are pretty much not any different than wiley and peter.
Beach Fanatic
I hope that soon we can come to a place where the public discourse is conducted in a civilized manner. There has been wrong done in the past by individuals on both sides of this issue. What needs to happen is to solve the problems in Driftwood once and for all and move on. I know the issues there are real, I have observed them personally. I know mistakes were made in the past. But some of this activity is doing nothing but angering people and turning off potential supporters. The sad thing is that we are spending thousands of taxpayer dollars on legal fees when those dollars could be used to finally solve the problems.
I agree with most of what you've said.
Especially the legal fees. That's my gripe w Commander. She is being supported by the tax payer with an attorney that makes $$$ every time a depo has to be continued...
Where all these loons think I or someone else must wish her bad will, not so. I voted for her and she's made some good decisions. Unfortunately, the issues with Driftwood and these other people were some of the very, very bad ones.
The longer the BS with the avoiding depo goes on, the more one wonders is she able and fit for BCC business? When does that become a factor?
Are BCC meetings and prep not stressful? Large crowds, large room, etc.
She seemed able to attend the DFS political forum the business group she spearheads put on this week. She sure does a lot.
Banned
If you think that is what was meant you are pretty much not any different than wiley and peter.
No Bob, that isn't what I think you meant but it is exactly how it came across.
No one had a bigger hand in Alan Osborne's nightmare than Alan himself.
Banned
I voted for her and she's made some good decisions. Unfortunately, the issues with Driftwood and these other people were some of the very, very bad ones.
Jeff Mc,
You, wiley and peter pan seem to forget that at any BCC meeting that involved Driftwood there were at least 4 other Commissioners making the same decisions/comments/arguments made by Ms. Comander including some of the absolute worst Commissioners this County ever elected (Cecilia Jones, Scott Brannon and child pornographer Lane Rees) as well as some of the most unethical attorney's and powerhouse developers that have ever done business here.
Ms. Comander is not solely responsible for the nightmare that has been created by Driftwood Estate issues.
Beach Fanatic
Much has been made about the necessity for the public to be allowed to attend the depositions scheduled to begin on April 20th and I agree with that. I have a question. Why are the depositions being conducted at Edgewater Beach Condominiums? It would seem that venue is inappropriate as they have been cited for possible code or ordinance violations. Furthermore, it appears to many who might attend the depositions that they should be held in a setting completely neutral to all parties. That is certainly not the case when utilizing Edgewater Beach Condominium's conference room. Why can't the Coastal Annexconference room where the BCC meetings are held be used? It is much larger than the conference room at Edgewater Beach Condominiums. If not there, why not the conference room at the TDC, also large enough to accomodate the atticipated crowd. Fair is fair. The depositions should not be held in a biased arena.
Edited
Beach Fanatic
Jeff Mc,
You, wiley and peter pan seem to forget that at any BCC meeting that involved Driftwood there were at least 4 other Commissioners making the same decisions/comments/arguments made by Ms. Comander including some of the absolute worst Commissioners this County ever elected (Cecilia Jones, Scott Brannon and child pornographer Lane Rees) as well as some of the most unethical attorney's and powerhouse developers that have ever done business here.
Ms. Comander is not solely responsible for the nightmare that has been created by Driftwood Estate issues.
I agree with you 100%!!!!!!
I never said she's solely responsible.
She the first of many to be deposed....
Some will be easier than others to depose, those confined for example.
What will everyone say when the names you mentioned also fall ill?
.???.
Beach Fanatic
Commander is not the most responsible, but she is the most vourernable...
Most likely the reason for the push back you get with your posts...
Truth hurts.
Most likely the reason for the push back you get with your posts...
Truth hurts.
Banned
I agree with you 100%!!!!!!
I never said she's solely responsible.
She the first of many to be deposed....
Some will be easier than others to depose, those confined for example.
What will everyone say when the names you mentioned also fall ill?
.???.
The likelihood of Lane Rees being deposed are slim to none...The Sheriff of Walton County was instrumental in putting him in prison and I hardly think that anything Mr. Rees could or would contribute would not be substantially tainted by the crimes against him. How many people do you know who would trust a convicted child pornographer/felon to tell the truth? About anything?
It's already been proven that Scott Brannon isn't what I personally would call "honest", he's already been caught with his proverbial pants down when the Ethics Commission fined him and several others for campaign contribution/violations....not to mention his scandalous behavior as an elected official.
The lawyers well, they don't do much business in this county anymore but assuredly they have some issues in regard to their actions that need to be addressed.
The developer...should be run out of town on a rail and not allowed to conduct business here ever again! (IMHO)
As for the rest...as I said before none of them conducted themselves in the best light possible about comments made publicly in regard to Driftwood but neither did Alan Osborne...in fact many times it was his temper and outright anger that provoked many of the comments made by all sitting Commissioners in the last several years this has been going on.
I guess that's why I don't understand all this animosity regarding Ms. Comander and why so many are quick to throw her under the bus for having health issues. Personally, I don't think she is intentionally trying to get out of the depositions and I think it's prudent of her to be in the best shape possible mentally and physically.
It's grueling to sit in a room (no matter what size it is) and be pounded with questions many of which are the same questions asked in different ways by an attorney out to make a name for himself off of someone who has done the "somebody's done me wrong" dance for years!
Edited
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