Florida Keys school board member Ed Davidson, retired decorated Vietnam Marine aircraft carrier fighter pilot, on photo credits, imperviousness, clean hands, bank robbers, finger-pointing, dodging simple questions, selling out, etc., etc.May 21st, 2013
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There is a post today at goodmorningkeywest.com, which you should be able to reach by clicking on this link: retire to paradise in Key West’s posh Truman Waterfront waterfront “assisted care center”
Meanwhile, Nashville replied to yesterday’s high explosives – Florida Keys school district post:
Sure appears we got a good old fashion SHE SAID – HE SAID here! Will be interesting to see whom is proven to be correct. Not about the Chemtrails – but about the MCSB and Costal.
Keep up the good work!
I wrote back:
I told Sandy last night, if I were a judge and she and Ed were standing before me, I would dismiss the case on the ground that the only two witnesses to the event are not in agreement and I have no way to determine who is telling the truth. Back when I practiced law, we called that kind of case a “dog fall” – the judge left the parties where he found them.
Me, personally, I’m heaps more concerned about what Sandy said about the Navy seeding the air over the Keys with aluminum compound, than I am about the he said, she said going on between MSCB and Coastal. Perhaps my lack of infatuation with the MSCD and Coastal blabber froth is influenced by my sincere beliefe that MACD needs to be taken over by the Florida Board of Education. Maybe HOB will turn out to be such a fiasco that becomes the last straw which triggers a state takeover.
Nashville J replied:
Seeding with aluminum compound! It might not be the same but my brother flew on AWAC planes out of Adak, Alaska in the late 60′s. He was a radar technician and told me stories of how they would release tiny aluminum particles when they were picked up by enemy radar and it would drive the radar screens crazy for a a couple minutes while they (his plane) would change headings and altitude to make it harder for them to pick up with the enemy radar screen cleared. Now I understand that the electronics then are no where near what they are now – so have no idea whether that has anything to do with it or not.
You can find all types of chemtrail stories by googling and some scary stuff – don’t know whether there is any truth to it or not.
Sandy said she told Capt Ed that she was told the Navy was trying to control the weather with what they were seeding, and Capt Ed laughed, said they had been doing that for 20 years. I wasn’t there, so …
I told Sandy of someone I’d heard about from another former Navy carrier pilot yesterday, who (that pilot) also is an environmental activist and he has taken the Navy head on. This other ex Navy aviator said this person he knew also is ex Navy, and he knows a lot about and is concerned over what the Navy is and has been doing. I left it up to Sandy to run that third fellow down, but maybe I will try to locate him, hear what he has to say.
School board member Ed Davidson replied to yesterday’s high explosives – Florida Keys school district post.
Photo credits and imperviousness
Capt. Ed Davidson 5/20/13
It may interest you to know that (in the picture Sloan uploaded) the guy in the blue shirt and white hat is former President Jimmy Carter, and the lady in the straw hat is former first lady Rosalyn Carter — the rest are the Carter grandchildren, who I am teaching how to make chewing gum out of sapodilla fruit latex juice. Plus a couple of Secret Service agents.
For Sandy Downs to have the enormous self-impressed arrogance to judge the worth of my entire life by a couple of lines of conversation she misunderstood in a brief exchange over one of her many disfactual conspiracy rumors is even more discrediting to her own distorted views, and I do not intend to have any further exchanges about or with a person so compulsively imperious to facts, and devoid of respect for others engaged in setting things right.
I wrote back:
That said, Ed, will you look into whether or not the Navy is seeding the air above the Keys with aluminum compound, or did so in the past? The health of every school kid in the Keys, and every former school kid in the Keys, and every adult in the Keys, may be at grave risk.
It seems well known that Navy jet fighters are jettisoning most of their fuel over the sea before landing at Boca Chica. I can’t imagine that goes down well with the sea creatures and plants, or with people who come into contact with jettisoned Navy jet fuel in the sea.
I have heard from time to time that Navy ships are the worse polluters on the sea, dumping their wastewater, etc., but I also have heard cruise ships hold that distinction. Do you know, Ed, if Navy ships are the worst polluters on the sea around these parts? Or the second worst? If you don’t know, will you make your best guess?
I wonder how Jimmy and Rosylan Carter, and their grandchildren, and the Secret Service agents, would have responded if they had heard all of that above while they were in the Keys when that photo was taken?
So far, Ed, I don’t agree with you that the major blame lies with Coastal. From all I have seen and heard, the major blame lies with the school district, as far as the school district is concerned. You, a decorated retired Navy carrier aircraft combat veteran, know chain of command and where the buck stops. You know you cannot blame Coastal for record-keeping the school district did not maintain or require from Coastal as per the HOB construction contract.
Sandy Downs told me of her Coastal contact telling her that the school district fired everyone Coastal was dealing with in the school district, and of a scheduled contractor-school district monthly meeting at which only Coastal showed up. Do you know anything about either of those allegations? If so, did it happen that way? If you don’t know, Ed, treat that question as an official public records request under Florida statute.
Sandy told me that her Coastal contact was highly critical of the local newspapers reporting on HOB slamming Coastal and protecting the school district. I told Sandy that it didn’t look that way to me; it looked to me the local newspapers had gone after the school district hard. Even so, I told her to tell her Coastal contact to send me something stating Coastal’s position on HOB and I will publish it verbatim along with my own comments.
Re Sandy’s passed on allegation from the Coastal employee, that either Key West or the School District had sued the HOB architect, I inquired about that to Key West City Attorney Shawn Smith and school district attorney Dirk Smits today by email. I added, did they know if the architect had filed suit against the City or the school district? Have not yet heard back from Shawn. Dirk replied:
To: sloan bashinsky, SD Smith
Cc: Mark Porter (Mark.Porter@KeysSchools.com)
The architect sued over fees he felt were owed. That part of the dispute was settled. I can ask Sally for the link where it was approved if you want. Any potential E & O has been carved out and is still available should the Board decide and there a is sufficient basis for a claim.
I hope this is responsive to your question.
Dirk M. Smits
Board Certified Specialist
Vernis & Bowling of the Florida Keys, P.A.
81990 Overseas Highway, 3rd Floor
Islamorada, FL 33036
I attended a school board meeting the middle of last year, as I recall, at which the HOB architect appeared from the mainland, from near Tampa as I recall. He wanted to discuss the various problems, including his not getting paid all of his fee, as per his contract with the school district (his claim). The board only wanted to give him three minutes as a citizen speaker. He said he had gone to great trouble and some expense to make that trip just for that board meeting. Then, I think, it was John Dick who gave the architect more time, but not nearly the time the various problems needed for discussion. I figured then, the architect would sue the school district. I figured then, Dirk was wishing he could kill his clients, the school board members. I was astounded, embarrassed and offended over the school board’s terrible manners and stupidity. Maybe you were, too, Ed? You were there.
I recall attending a Key West city commission meeting quite a while before that, at which the HOB architect appeared, to be grilled by then irate city commissioners and and citizens. The mayor was laying low, not wanting to queer the school board giving Glynn Archer Elementary School to the city for its new city hall, after the Glynn Archer students transferred over to HOB. I recall the HOB architect saying he had designed schools all over Florida, and, I think, two schools in the Florida Keys before HOB. I recall him saying he had never been challenged by a local government re any school he had designed, until Key West challenge HOB. I think I recall him saying it was his understanding that, under Florida law, school districts did not answer to local zoning authorities.
I recall thinking, Key West city officials had the HOB plans before them, and they never objected to HOB until the exterior walls went up and it then was apparent to the citizens in the HOB neighborhood just how tall the building was. I recall thinking, the city commissioner, Teri Johnston, in whose voting district HOB lay, was a licensed building contractor who read construction plans ongoing. I recall thinking Teri was the most irate elected official. I recall thinking her ire was misdirected at the architect, Coastal and the school district, instead of at herself. I recall during citizen comments my telling the city commissioners and mayor during that, as far as HOB was concerned, they would be remembered as the Pearl Harbor lookouts. A term that seems to apply very well to the school district and school board re HOB and countless other school district fleet sinkings by friendly fire.
What I don’t recall, Ed, is reading in The Citizen or the Keynoter, or hearing on US 1 Radio, of the filing of the HOB architect’s lawsuit and/or its settlement. Do you, Ed, recall reading of that lawsuit and/or its settlement in the local newspapers, or hearing of it on US 1 Radio? Do you know, Ed, what the school district paid the architect to settle the lawsuit? And, do you know, Ed, what was the architect’s total compensation for HOB? If so, what was he paid in total? If you do not know, Ed, please treat those two questions as an official public records request, as per Florida statute.
Also, Ed, I would like to hear your response to this last below in italics, which Sandy wrote to me re HOB soil samples, which is in the post to which you responded today. You also can can treat this question as an official public records request, as per Florida statute.
After reading the response about the soil samples, I will add what I was told about that.
The soil samples were the responsibility of the school district as the school district would not trust the soil report from the contractor, because the contractor could “skew” it so as to save money and time. Coastal worker said the “soil” report was inaccurate because the soil is tested in various areas and not every single inch of soil is tested.
When Coastal found out after the construction had started that there was a problem with some of the soil, they built accordingly. I was told that instead of the whole school having to be built on pilings, only part of the school did. And that the faulty soil survey actually saved the school district a lot of money. Otherwise the entire school would have been built “up” on pilings. So did the faulty “soil” survey benefit the school district who hired the surveyors? According to the Coastal employee, it did. So was the survey skewed to leave out information about faulty soil to save the school district money? What profit was in it for whom? I don’t know. But I believe Coastal is taking the blame for anything and everything the school district failed to do, or failed to do properly.
Capt. Ed Davidson 5/20/13
Public records requests have to be directed to their proper custodians, the School District. Coastal does not come to the table with “clean hands,” a phrase I believe you learned about in law school; and surely they did not teach you in your legal studies that it is a convincing defense to say it is someone else’s fault for not having kept them from violating the law, school board policy, and the clear stipulations of the contract they negotiated in detail — that would be pretty much like a bank robber blaming the police for not stopping him from robbing the bank.
There is neither merit nor worth in wasting any further time by being drawn into any further Sandy Downs-related discussions, as she has clearly indicated there is no honest dialog to be had — I need all the time I can muster for trying to straighten out the HOB mess and other schools management issues.
I wrote back:
sloan bashinsky 8:50 AM
To: Capt. Ed Davidson
Cc: email@example.com, Larry Murray
So, Dirk. Will you tell me how much the school district paid the HOB architect to settle his lawsuit against the school district? You negotiated that settlement, didn’t you? And, if you know, were the lawsuit and settlement reported in the local newspapers and on US 1 Radio?
Your reply, Ed, was about what I expected.
What I wrote to you was a test. You answered no questions, your grade is F-.
However, you got A+ in finger-pointing, not answering questions, double talk and laying down and spreading your legs for your Navy alma mater. You have a great future as a politician.
Word has it on the street that the retiring Commandant of Naval Air Station Key West will be hired to replace Michael Kinneer as Superintendent Mark Porter’s new chief operating officer.
The “clean hands doctrine” is an equitable defense against someone who does not have clean hands and is asking a court for equitable relief. If Coastal sues the school district for damages arising from alleged breach of contract, that is an action in law, not in equity. The doctrine of cleans hands does not apply in such a case. The burden of proof is on the plaintiff. The judge, or the jury, if it is a jury trial, looks at the contract, and at the evidence, and decides what, if anything, the plaintiff is entitled to receive under the contract.
So, Ed, let’s start with a comment I heard you make at a school board meeting: that you were unable to get any HOB financial documents/records from the school district, and were having to get those records from Coastal. Hold that thought.
Then, let’s pretend I am Coastal’s trial lawyer and I sue the school district in state court.
Let’s pretend I depose you, Ed, and the other school board members, and past school board member Steve Pribramsky, and present and past school district superintendents, Mark Porter, Jesus Jara and Joe Burke, and present and past school district chief financial officers and chief operating officers, Michael Kinneer and Ken Gentile, and present and past members of the school board’s volunteer Audit & Finance Committee, including Stuart Kessler and Larry Murray. Under oath, I garner from you and them everything you and they said bad about the school district’s HOB financial and accounting practices.
I garner that Pribramsky didn’t like HOB’s financing to begin with. He didn’t like how the school district was going. He chose not to run again, even though he would have been a shoe-in to be reelected. Then, his accounting firm was hired to try to get to the bottom of HOB’s construction financials.
I garner that Burke, who arranged the HOB financing with the big penalty in it if HOB was not completed on time, saw the handwriting on the wall and took the schools superintendent job in Ft. Myers.
I garner that Jara took Burke’s place and later was terminated by the school board.
I garner that Kinneer and Gentile were terminated by Jara’s replacement, Mark Porter, with the school board’s amen.
I garner that Stuart Kessler, former chair and still a member of the school board’s volunteer Audit & Finance Committee created to spy on the school district administration for the school board, tipped you off to the utter lack of HOB accounting and accountability in the school district.
I get multitudinous earfuls from Larry Murray, one of your opponents in the District 3 school board race last year, and before that an outspoken member of the Audit & Finance Committee member. So outspoken, Larry was not reappointed after his 4-year term expired.
I find on the school district’s website what a sniffer dog discovered and sent to me this morning. Open the links, imagine how a judge and/or jury might view that evidence.
my my i found this on the school board web site, too bad they have all left and or been discharged, with the exception of Mike H. Looks like some people may have not been doing their job, but lets just keep blaming everyone else.
wow, look at those reports, what you say, the board did not know………….is that ASS burning or just more babble from the capt and his disbarred buddy, say what….. certified disbarred
read some of the reports and see if it is, what they say it is…..again i ask, keep me out of it
I subpoena you, Ed, and the other named school district luminaries, present and past, to the trial as adverse witnesses for the plaintiff, Coastal. I can cross-examine and lead adverse witnesses.
I put you on the witness stand first, Ed, because you led the charge in blasting the school district over HOB. I read to you from your deposition, one at a time, every HOB criticism you leveled at the school district about at televised/recorded school board meetings, on Facebook, in the press, on US 1 Radio, on Sloan Bashinsky’s blog, and in emails to whomever. I ask you, under oath, under penalty of perjury, to tell the judge and/or the jury if you said or wrote each of those criticisms of the school district’s accounting practices re HOB’s construction.
You get to answer yes, or no. You do not get to elaborate. You do not get to talk about Sandy Downs, Jimmy and Rosalyn Carter, clean hands, or police letting bank robbers rob banks.
You do not get to tell the judge that you won’t answer a question because you don’t like the question. You can tell the judge you refuse to answer a question because it might incriminate you. In doing that, of course, you incriminate the school district and yourself.
A man with clean hands does not plead the 5th, which you did in your two emails yesterday.
By the time I am done with you on the witness stand, Ed, you are Coastal’s star witness against the school district. You are lit up like a Christmas tree on the front page of The Key West Citizen and the Keynoter and on US 1 Radio.
Yes, Dirk gets a shot at getting you to point the finger at Coastal, after I have already gotten you to point the finger at the school district.
After that, I put on my next adverse plaintiff witness, whom I get to point the finger at the school district, and Dirk then gets a chance to try to erase that witness’ testimony against the school district, by getting the witness to point the finger at Coastal.
And so it goes, down to my last school district witness, Larry Murray.
Then, I put on Coastal’s people who did Coastal’s HOB accounting and kept HOB records, who produce and explain those records. Neat records. Not unintelligible records stuffed into many boxes, which took a while to be found, and then not all at once, to all of which you and other adverse plaintiff witnesses already have testified.
Dirk gets a chance to discredit each of Coastal’s people.
Even so, the school district’s HOB accounting looks like spaghetti thrown against a wall; like the school district doesn’t even know the definition of accounting. Ergo, the only reliable accounting is Coastal’s.
But then, what do I know? Before I file the lawsuit for Coastal, Dirk tells the school board litigation is insane. The school district’s hands are way too dirty. The publicity will be horrible. Negotiate a settlement with Coastal, like the school district did with the HOB architect.
Dirk Smits replied:
Dirk Smits 9:00 AM
To: sloan bashinsky
That was why I offered the link. It was done at a public meeting.
Sent from my iPhone
I wrote back:
sloan bashinsky 9:08 AM
Gosh, Dirk, does everything with the school district have to be so circuitous?
You cannot just tell me what the settlement amount was?
You cannot just tell me, if you know, the settlement was reported in the local newspapers and on US 1 Radio?
Have Sally send me the link.
Sent from my iPhone