Florida Educators Union Sues Over 3 Percent State Pension Requirement
June 20, 2011
Likening the change to an income tax, the Florida Education Association on Monday challenged the constitutionality of a new law that will force government workers to pay into the state pension system.
The FEA, backed by other labor groups, said the Legislature’s decision last month to require workers to chip in 3 percent of their pay violates contractual and collective-bargaining rights.
The case, filed in Leon County Circuit Court, is a class-action lawsuit filed on behalf of 556,296 people, including state employees, teachers and police officers. The Florida Police Benevolent Association, which represents police and correctional officers, quickly sought to formally intervene in the case.
FEA President Andy Ford said the state “should abide by the promises it makes” to employees, who have not been required to contribute to the retirement system since the 1970s. The case has 11 named plaintiffs from across the state.
“It is essentially an income tax levied only on the workers belonging to the Florida Retirement System,” Ford said during a conference call with reporters.
But Gov. Rick Scott, who signed the changes into law May 26, issued a statement saying he is “confident this law is good for the people of Florida and will stand up in court.”
“Asking state employees to pay a small percentage into their pensions is common sense,” Scott said. “Floridians who don’t work in government are required to pay into their own retirement. This is about fairness for those who don’t have government jobs. Plus, we are ensuring a pension will be there for state employees when they retire.”
State Rep. Will Weatherford, R-Wesley Chapel, and Sen. Don Gaetz, R-Niceville, also contrasted Florida with other states that already require employee contributions.
“I think it’s legal, I think it’s practical and, frankly, I think it’s realistic given the times we live in today,” said Weatherford, who is expected to become House speaker after the 2012 elections. Gaetz is expected to become Senate president.
The contribution requirement is slated to take effect July 1. FEA attorney Ron Meyer said the lawsuit seeks to require the state to set aside the money collected and return it with interest to workers if the challenge is successful.
That means, however, employees will see at least temporary reductions in their paychecks in the coming weeks.
In a letter released when he signed the changes into law (SB 2100), Scott said the 3 percent contributions would save public employers $769 million a year. The lawsuit also challenges another part of the law that eliminates automatic 3 percent cost-of-living increases for retirees, a change Scott said would save $775 million a year.
If the constitutional challenge is successful, Ford said lawmakers could find other ways to make up the money, such as closing tax loopholes and more fully collecting taxes on goods sold over the Internet. But lawmakers have flatly rejected such ideas in the past.
Proposals to change the pension system touched off a political fight during the legislative session, with workers contending they should not face additional costs when many have gone years without raises. Supporters of the changes, however, said the state system should more closely resemble private-sector retirement plans.
FEA officials made clear during a call with reporters they also expect to challenge other measures passed by the Republican-dominated Legislature. That likely will include a lawsuit against SB 736, which ties teacher pay to student test scores.
The pension lawsuit centers, in part, on a 1974 law that halted employee contributions to the retirement system. That law says the rights of retirement system members are “contractual in nature” and “shall not be abridged in any way.”
Meyer said lawmakers could make changes to the retirement system for future employees. But he said requiring contributions and changing the cost-of-living adjustments for people already enrolled in the system violates their rights.
The lawsuit alleges that the changes are an unconstitutional “impairment of contract” and an unconstitutional “taking” of property. It also alleges the changes violate the state constitution’s collective bargaining requirements.
By Jim Saunders
The News Service of Florida
More Details Released In Jay Murder By Morphine Overdose
June 20, 2011
More details have been released in the manslaughter arrest of a Jay man in connection with the Christmas Day 2010 death of a woman that was reportedly injected repeatedly with morphine.
Michael Sanford, 45, was charged late last week with manslaughter for the death of Patsy Jean Wright, 55, who died December 25, 2010. Sanford remains in the Santa Rosa County Jail with bond set at a half million dollars.
The incident leading up to Wright’s death began Christmas Eve at Sanford’s home on Bullard Road outside Jay.
An autopsy was conducted and showed several needle marks present on Wright’s body. The cause of her death was listed as the combined effects of acute morphine intoxication, acute pneumonia and morbid obesity. The manner of death was listed as homicide.
Wright’s son, 32-year old Kevin Michael Thompson, told investigators that he went with his mother on her doctor’s appointment at Jay Hospital and accompanied her to Jay Pharmacy to have her prescription for 100 mg morphine tablets filled. They then drove to Sanford’s residence on Bullard Road so that Wright could get “shot up” with her morphine.
Thompson said Sanford retrieved a black tackle box with duct tape on top of it. It contained spoons, syringes and what was described as other drug paraphernalia. Sanford used the spoons and a liquid substance to dissolve the morphine into a liquid and place it into a syringe. Wright’s arms were tied to the legs of the chair with white cloth strips, as Thompson said he watched as Sanford injected the morphine into the veins on his mother’s hand. Wright immediately fell asleep about 2:30 p.m.
At 5:30 p.m., Wright was still asleep and unable to talk as Thompson watched Sanford prepare another morphine injection. Micheal Sanford’s father — Rufas Sanford — told Thompson that he had witnessed Sanford inject Wright three time prior to the 5:30 injection. Thompson told deputies that he begged someone to call 911 for his mother, but they had no phone and they were unable to find Wright’s phone.
Thompson said he left his mother as he went to town with Rufus Sanford to get something to eat about 4 a.m. the following day. He said Wright was still breathing at the time, but when he returned to the Bullard Road home he found that EMS had transported to his mother to Jay Hospital where Wright had already died.
Thompson said Sanford pulled his aside and told him “don’t tell anyone how I cook the pills, or shoot them up”.
At the hospital, Rufus Sanford told deputies about the morphine injections given by her son and Wright was unconscious at the time.
Another witness in the residence at the time of the injections, Rachel Crawley, described to investigators how Wright was passed out during the injections. She told deputies that Sanford burned all of the syringes, spoons, pill bottles and related paraphernalia in a burn barrel in his back yard.
Witness Jeremy Weeks told sheriff’s investigators that he went to the home on Christmas Eve to visit with Crawley. He said he observed Wright tied to a kitchen chair and that he moved her to a recliner. He said he told Thompson to take all of Wright’s medications and lock them in the trunk of his car. Weeks said Sanford was passed out during the time of his visit.
Sanford first denied that he ever injected Wright, but then admitted to Santa Rosa Sheriff’s investigators that he remembered injecting her twice after cooking down the morphine. He said Wright was awake and requested the injections each time. During a later interview, he admitted that he was also injecting himself during the incident, and that it was possible that he had injected her additional times.
Sanford told deputies, “As far as I know, I’m telling you the truth. I was was messed up too”, according to the Santa Rosa Sheriff’s Office report.
Emergency Repairs Nearly Complete On Hwy 4 Culvert
June 20, 2011
Work is nearing completion on emergency repairs to a culvert on Highway 4 near Sandy Hollow Road in Davisville.
A routine inspection recently revealed that water was running under the box culvert. An Escambia County Road Department crew has almost finished repairing damage and additional work to prevent future problems.
Pictured above: Emergency repairs are almost complete on a culvert under Highway 4 near Sandy Hollow Road. NorthEscambia.com photo, click to enlarge.
Deputies: Woman Steals Customer’s Credit Card, Charges $5K
June 20, 2011
A Century woman is accused of using a Food Giant customer’s credit card to purchase over $5,000 worth of money orders that she then cashed.
Kimeko M. Cooper, age 34 of Front Street, is facing a felony grand theft charge and 14 felony counts of fraudulent use of credit cards.
A Flomaton woman filed a report with the Flomaton Police Department that her credit card was used fraudulently over about a one month period beginning in February at the Food Giant in Century.
A Food Giant investigator determined that the stolen Visa card was used to purchase 14 different money orders totaling $5,763.14. Each of the money orders were cashed at the store and put in their next day’s deposit. All were handled by one employee, according to store records. The Food Giant investigator also determined that Cooper worked on each day the money orders were sold or cashed.
According to the Escambia County (Fla.) Sheriff’s Office, Cooper admitted to deputies that she found the victim’s card on the counter in the store’s office. She also admitted to deputies that she used the card to purchase the 14 money orders that she then cashed at the store.
Cooper was released from the Escambia County Jail on $3,900 bond.
Rebuilding Plans Begin For Burned School Library
June 20, 2011
Summer classes will resume tomorrow for Pollard-McCall School, and plans are underway to replace the media center destroyed by fire last Wednesday.
The summer program will return Tuesday, June 21, at the nearby Catawba Springs Baptist Church.
After insurance adjusters complete their work, work will begin on the demolition of the burned structure, which was built in 1998. Officials hope the demolition will be complete before school begins August 15. Then, work will begin to replace the media center and classrooms.
The cause of Wednesday’s fire remains under investigation, but preliminary information points toward an electrical problem.
Pictured top: This is all that remains of the Pollard-McCall Media Center. Pictured below. An adjacent classroom in the same building suffered heavy smoke and water damage. NorthEscambia.com photos, click to enlarge.
School Inventories Normal At Northview, Molino Park, Jim Allen
June 20, 2011
Routine inventories at three North Escambia schools found just one item unaccounted for out of 1,677 items.
No items were missing from Northview High School or Molino Park Elementary School. At Jim Allen Elementary, one 2005 computer destined to be thrown away was not located.
According to Jim Allen Principal Rachel Watts the non-working computer was labeled for discard and may have been accidentally placed in a dumpster by a custodian rather than being returned to the district’s surplus department.
The outdated computer was the only missing item in Jim Allen’s inventory of 566 items with an original cost of $761,657.56. All of Molino Park’s 583 items with an original cost of $948,708.01 were located, as were all of the 528 inventory items with an original cost of $924,343.75 at Northview High School.
The Escambia County School District routinely audits property at schools in the county.
Northview, Jay Announce Band Camp Days; Jay Names Officers
June 20, 2011
Band camp dates have been announced for Northview and Jay high schools.
The Northview High School Tribal Beat Band will hold band camp for current and incoming members beginning in late July.
NHS Camp Dates
- Music and Fundamentals — July 26-28, 7-11 a.m.
- Marching Fun and Music — August 1st-5th, 7-11 a.m.
- Halftime Show and other Music — August 8th-11th, 7-11 a.m.
The Jay High School Royal Blue Band has announced summer band camp dates and named new officers for the 2011-2012 school year.
JHS Camp Dates
- Leadership Camp: July 25-27
- Rookie Camp: July 28-29, August 1-2
- Varsity Camp (required for all): August 3-5, August 8-12
JHS 2011-2012 Officers
- Captain: Noah McCarthy
- Lieutenant: Mike Kelley
- Secretary: Gena May
- Quartermaster: David Herring
- Chaplain and Drum Major: Allison Blair
- Uniform Officers: Rachel May, Tabitha Hoomes, Austin Herring
- Librarian Crew: Chanda Hawthorne, Makayla Patterson, Cody Girardeau
- 8th Grade Rep: Chandler Sedlacek
- Assistant Drum Major: Becca Macks
- Guard Captain: Dallas Belanger
McDavid Mystery: Steamboat Pulled From The Escambia River
June 19, 2011
A McDavid mystery was pulled from the Escambia River Saturday — what the discoverers believe is the remains of a late 1800’s era steamboat.
The boat was first discovered by L.B. Malone barely sticking out of sand and debris near McDavid, and it was pulled to a sandbar by the Greenwell family.
Mark Greenwell believes, based upon some of his research, that the hull is from the late 1800’s, partially based upon the square nails used in the construction and an area of the hull that would have contained the large steam pipe.
“When you look at it up close, you can tell what (the steam pipe) would have been there. The steam side is on the part of the boat that had deteriorated the worst,” said Cindy Greenwell.
The family hopes that they will be able to find an expert to further identify the vessel and that an area museum will be interested in preserving their find.
“It was exciting for all of us,” Cindy Greenwell said.
For a photo gallery from the discovery, click here.
Pictured above and below: Remains of a boat pulled from the Escambia River at McDavid on Saturday. Pictured inset: Mark Greenwell and Timothy Greenwell with their discovery. Submitted photos by Cindy Greenwell for NorthEscambia.com, click to enlarge.
WSRE To Cut Jobs, Programming After Scott Funding Veto
June 19, 2011
WSRE will eliminate employees and cut programming after Gov. Rick Scott vetoed $4.8 million in funding for public television in Florida.
Station officials said the veto will cost WSRE about $307,000, forcing the station to cut five of their 27 employees. Staff reductions will be made in the production area, donor services, SightLine reading service and broadcast engineering as of June 30 when the current fiscal year funding ends.
Some local productions will also be going on hiatus, and the “The Lawrence Welk Show” will be pulled from WSRE’s schedule to save programming costs.
The station said viewers can still expect to see core PBS programming such as Masterpiece, Antiques Roadshow and NOVA. In addition, the station’s educational services and events for the community will continue.
“The difficult decision to cancel programs and eliminate the jobs of valued WSRE employees was made after an exhaustive review of our entire organization, and with the greatest reluctance,” said Sandy Cesaretti Ray, WSRE’s general manager. “With all of our remaining revenue sources under pressure, these actions were necessary to responsibly ensure the long-term sustainability of the organization and put WSRE on a realistic financial path for the future. We are counting on the increased support of our viewers, corporate support partners, and private foundations to help WSRE rebound from this loss while continuing to retain our award-winning prominence in public media.”
Have Your Say In Redistricting Florida
June 19, 2011
The redistricting process is underway in Florida, and there’s only one meeting in the area if you want to have input into the process.
The Florida House and Senate redistricting committees will hold their first round of joint public meetings in Pensacola on Tuesday.
These meetings will give the public an opportunity to start the conversation about redistricting and share their ideas directly with Florida legislators. For more information on the Florida House of Representatives’ redistricting efforts, visit FloridaRedistricting.org.
A Public Redistricting Meeting will be held Tuesday from 10 a.m. until 1 p.m. at the WSRE TV Amos Studio at 1000 College Boulevard in Pensacola.