Update on Lawsuit

My wife pointed out the blurb in the TU to me this morning. I didn't want to ask about it because I figured you would bring it up it you wanted.

Good for him. I told Pat Fred would be banging away on the paperwork.

I wish him good fortune on the suit. We need the competition in Clay County. All these races should go to November. 

Mike Heemer

I didn't see the point in blogging about the fact that the Judge essentially wanted a change in the paperwork, this is one of the reasons lawsuits get tied up for years.  Since this is an emergency request it is a little more timely but may not be timely enough. The Judge responded both times within the same day that both briefs were filed. He also could have flat killed it if he wanted to, and he didn't. Although I am disappointed I won't say that he was unfair.

I'm not just blogging about the suit for the sake of the suit itself.  I know there are people out there on the sidelines not participating in their local goverment. They may not like what they see but they don't do anything about it because they believe it's too big a monster to stop, and it well could be.

However the larger lesson to be learned and realized is that again, it can't all be about the goal, or the prize, but the journey you took going there. I have faith in almighty God that regarless of whether Fred gets on that ballot or not, he will be vindicated.  If not now it will most certainly come to pass later. 

Until then we do what we think is right, it's not about  just about the goal, it's about your attitude and your particpation.  With so many things in life that are fleeting knowing you stood up for what you thought was right and you didn't give up and you didn't give in is a gift that money cannot buy and no one can take from you.

I know those girls parents are out there reading these blogs and just as I have told them to fight on to carry on I want them to see that I am doing it too, fighting against the odds because I believe it's right.  I will not walk away and I will not throw my hands up in surrender, this is the stuff that life is made of.

The road less traveled isn't very easy but it isn't lonely and in it I find serenity.

 http://www.ctlac.com/

I am tired of those individuals who refuse to admit to their own mistakes.  File the correct paperwork IAW the regulations/laws.  It is that simple. 

 And if you do not know what your doing, ASK someone who is fully qualified to assist you.

Yes, the mistake was in asking for the assistance of someone who was supposed to have been fully qualified.

I'm tired of people who have no compassion, yet here we both are.

http://www.ctlac.com/

Marsha, does this mean we may still get a chance to vote for Fred? I am with you both. I admire your ability to remain calm. If this had happened to me I would have screamed so long and hard i'd stroke out.

If the Judge grants the request for an emergency Injunction that will place him back on the ballot until a full hearing can take place. 

If the Judge doesn't toss it but doesn't rule in a timely manor then it becomes another issue that has to be ruled upon other then him being put on the ballot.

http://www.ctlac.com/

I have compassion for someone who is working hard to make our county better.  Not someone who says "It would be jerry rigged down here (if filed in Clay courts)."  Here we go again...have someone outside of our county decide what is best for our county.  STOP THE MADNESS!

Fact of the matter is that Fred was told he needed to open a campiagn account, just like all the other candidates have done.  Because IAW Florida Department of State, Elections of Division, he has to file a financial report with the SOE office.  This is the LAW.  Even if he doesn't accept campaign contributions from voters, no wait he did.  He contributed to his own campaign.  He has to report this.  Is he trying to keep his campaign finances a secret from the voters?  Besides, in long run, all his financial reports would be easy to complete after the first report.  Copy, paste, change dates, and sign. 

And if he is having these problems now, I wouldn't want him as County Commissioner in Clay County.

Where did I say the courts were "jerry rigged"?  What I said was I had little faith in the local courts. 

Have you read the Statutes?  96.061(3) says those who do not wish to accept donations do not have to establish campaign accounts.

Election laws do not treat all candidates the same which flies in the face of the Constitution, and the Bill of Rights or do you not care about stuff like that. 

Banking law says a campaign account cannot be established BEFORE a candidate is qualified.

A employee was fired for giving false information, the SOE made a mistake a few months ago that resulted in a petition by a grass roots organization being pulled.  You're quick to criticize an individual while lacking the ability to see the larger picture of what your tax dollars are paying for and what they're producing.  It is no coincedence that both issues are about the peoples right to participate in their goverment, a soverign and inherent power that lies within the people themselves is under attack and you appear not to care.

The check was not a personal check, nor was it a personal checking account. The SOE in fact has accepted several personal checks for the $25 fee paid when a candidate gets on the ballot by petition. 

That fee was not a contribution of any sort, it was a fee, something required.  Contributions or donations are voluntary in nature, fee's are mandatory.

Part of that fee will now be used to support the Republican Candidates and he is not a member of either of the recognized two party system.

I can well identify that just one little thing can turn people against you.  I turned against Harold Rutledge when I saw in his financials that he was given donations to his campaign by the very people who were awarded the garbage contract, well before that contract was awarded, Advanced Disposal.

I hope with all my heart that you someday go to a Public Official for guidance on something they're supposed to know and that YOU are mislead.  I will give you the same support that you have so graciously provided.

Those who cannot see the forest for the trees are doomed to be lost in it forever.

http://www.ctlac.com/

At the end of it all the Attorney for either the SOE or the SOS told Fred that if he'd written "campaign fund" on that check everything would have been OK.  Of course in the beginning they told him he couldn't use VyStar where an established account existed, yet when he offered to go get some other "Instrument of Payment" they told him he didn't need to and accepted the check, even their own receipt acknowledges that it was a "qualifiying fee"

So it all boils down to two missing words which in legal terms is known as a scrivvner error.

All of the cases that have gone before a court for things like this including a brand new case by the US Supreme Court as recently as June of 08 says that unreasonable restrictions and scrivvner error should not be used to thwart the participation of the people in their own goverment.

http://www.ctlac.com/

You are my hero

Fred is the hero, not me.  He saw what he thought was a need, acted upon it and put his money where his mouth is.  He has been very vocal about his support of the CTLAC and these Amendments so perhaps that is what this is all boiling down to.  Those people who wish to eliminate the rights of the voters in this County to further their own financial agendas targeted him because his support to the CTLAC was not private and quiet but bold and out there in their faces. 

I've heard more then one candidate say privately that they support them but will not support them publicly due to the fear that those who don't like the CTLAC will not vote for them if they do.  At least Fred has the kahunas to say what he believes whether it's popular with some or not. 

We've already seen admissions in these blogs that there are those who are determined to limit and/or break the citizens petition initiative. 

Is it a coincedence that in gathering petition for the 2nd drive that where a CTLAC member was gathering a local judge went into the establishment and shortly after that they were asked to leave.  This is hearsay, I was not there and that is why I will not name the member nor the Judge, however it doesn't take a rocket scientist to figure out which one it was if you pay more attention to what is going on in this county then a passing glance. 

http://www.ctlac.com/

You know what they say. Behind every great man is a great woman. So I amend my statement to say. You and Fred are my heros

The case has been filed in Circut Court and it has gone to Judge Buttner who also has the suit brought by Roy Lyons.

Since the apple does not fall far from the tree where politcs are concerned it will be interesting to see what happens because I believe it's his son who is now running for Judge as well.

http://www.ctlac.com/

I believe if you do some research you will find. He was the same Judge that fired Clay Behavioral who had a contract with the county. Then had the Chief Justice from Duval asked (if you want to call it that) them to violate the BCC policy and hire River Region without going out to bid. It is an interesting story no less. I can understand your concerns.

Would this be an option... Instead of not voting for a canidate... Why not just write him in????

I don't believe that is possible.  You could do it out of protest but you want your vote to count. They might very well violate your entire ballot if you would do that.

There is a Hearing tomorrow morning at 10:00am with Judge Buttner

http://www.ctlac.com/

Marsha I appreciate your passion for our county.  I wish more people would show at least half of the passion you have.

The quote is from the today's Clay Sun and it was Fred who made the statement.  Forgive me for the confusion.

Now if Commisioner Rutlegde is doing such a bad job, then why aren't you and those individuals going to the townhall meetings he set up and addressing those issues face to face with him?  The last set of townhall meetings he conducted, there more reporters then citizens there.  If I had a chance to address my elected official in a format such as that, I would be in the front row!

You giveth and you taketh away. Acknowledge what we do and then essentially imply that we're not doing enough.

There is obviously no way to win with you Packy, you just wish to be critical for some reason so be my guest.  You can do so freely from this point on because I can recognize a waste of time when I see it.

I pointed out to you the myriad of aspects of this case, tell you that election laws and banking laws contradict to try and free your tunnel vision.  Once again you come back with more criticism and appear oblivious to the rights you have that are being taken away little by little.

http://www.ctlac.com/

If the only active participation is for someone to sit and complain on a blog...in my book is doing nothing.  To get out and talk face to face to our elected politicians about the issues is taking an active part in our county.

I do not have tunnel vision.  I have 20-10 vision thank you very much.  And as far as "...Constitution, and the Bill of Rights or do you not care about stuff like that."  I fought for OUR rights with 20 years of active duty military service.  I bleed red, white and blue.  I've seen what is like to NOT have the freedoms that we have in this country.

 As far as being "...quick to criticize an individual while lacking the ability to see the larger picture of what your tax dollars are paying for and what they're producing." I believe individuals are to be held accountable for their actions.  We have to admit to our mistakes, correct those mistakes, learn from those mistakes and move forward not making the same mistakes.  The SOE told the CTLAC on the first petition what needed to be ammended.  The CTLAC decided to amend the item SOE told them and then changed another item on the petition as well.  WHY?  Talk about a waste of tax payers dollars and time.

Marsha.

         First, where do you find the time to blog on this site everyday almost hourly with a husband, children and a job? Just curious, was wondering who gets the short end of the deal? It is just as well your husband failed to follow the rules, because it should have been a sign that while I am sure he is bright in several areas POLITICS is not one of them. Remember, money may buy you log cabins and sometimes influence people, but it is not going to change this little error. Also, word of advice, if he is filing for court action /law suit I would not be discussing it on a blog. Good Luck!

Main Entry:

jack·al

Pronunciation:

\ˈja-kəl also -ˌkȯl\

Function:

noun

Etymology:

Turkish çakal, from Persian shaqāl, of Indo-Aryan origin; akin to Sanskrit sṛgāla jackal

Date:

1603

1: any of several small omnivorous canids (as Canis aureus) of Africa and Asia having large ears, long legs, and bushy tails2 a: a person who performs routine or menial tasks for another b: a person who serves or collaborates with another especially in the commission of base acts  

Since you are not literally the flea-ridden dog your user name portrays definition by Webster. Number 2 both a, and b probably describe you.   You along with many others have joined this site to attack and nothing more.  Although you attack me on the blogs where I have written about the lawsuit you are obviously coming after me because of the stand I have taken with regards to those girls and their families.  In none of my comments about the situation have I judged the son and have actually pointed out where the Sheriffs race is concerned the son has nothing to do with it.  Your reference to my log home could have been gotten from the archives, and then again perhaps you are someone who lives in the Ravines or comes to the Ravines. 

           You chose to bring my private life into the blogs, you and Packy both. If not in this thread then in the “lawsuit update” blog I wrote.  You seem to have little to actually dispute what I say so you use displacement and attack my/our professional, personal and family life in order to discredit me/us somehow.  I have served this Country in uniform and I have served this country as a military wife.  I don’t live my life based upon what others think; it’s based upon what I think. 

            I am not on the blogs all the time nor do I contribute hourly and I would invite you to prove it.  It’s an exaggeration due to again, displacement and an attempt to discredit me.  One of the advantages to owning your own businesses at least our businesses’ is I set my own schedule.  One of the blessings of my marriage is that I have a Husband who understood even before we were married that I would not put the job before my kids and he is very supportive to that end. I was not a single parent when we met I was the only parent, a Widow who overcame the odds and kept her family together. Each and every morning all through the last 20yrs that I have had kids in school I have gotten up with them unless I have been too ill to physically get out of the bed, so I can see them and let them know they’re loved all to aware that no one has the promise of seeing a loved one again when they part for the day. I have about a 99.5% attendance rate.  Predominately every school day for the last 20yrs I have been home before my kids get home from school.  I would give myself a 95% attendance rate there.

           Most of my work involves using a computer, for research, information systems. The fieldwork is only about 25% of the job.  It is my Husband who runs balls to the wall at our offices so I might have the luxury of working on my computer at home so I am available to my children most all of the time.  Since I am on the computer a lot I am never very far away from the blogs. As to my professional success I can only say that I am a Licensed Professional who is on a preferred list for some of the largest lenders in the nation to appraise multi million dollar properties and there is not one single blemish on my Professional Career of about ten years. 

            As to my personal success as a wife or Mother I can only say I have three (one grown and married with her own family) well-adjusted, productive girls who place value in family, in truth, and in compassion.  They are home more then they are gone because they are happy and secure in their home.  They listen to their Mother more then they do their friends because they choose to, not because I pull rank or beat it into them.  They were raised with respect so in turn they respect their Mother.   They were raised to think for themselves, have respect for themselves and therefore free of many of the emotional entrapments that come in teenage years.  I’ve already had one successful marriage and my second one is one of mutual trust and respect, both in our personal relationship and our professional one, and we’re doing just fine, Thank You. 

            I was in the blogs before the political season begun and I will be here long after it’s gone.  My presence in this forum has been well established for a while and the archives are full of who and what I am and why I am here.  Anyone who tries to make something of it other then what it is I can’t stop you.  Those of you who create multiple names, you do the biggest disservice to yourself.  I could never do such a thing and have any self-esteem.  I’ll bet you cannot look in the mirror and be proud of what you’re doing.  Those of you who create names in order to come in here and attack someone, anyone are part of the America who has tarnished our reputation in the world. 

            Those of you who do not support truth, do not support the rights of citizens that many have died for are instrumental in tearing apart the freedom of future generations for short-term materialistic goals.  I can at least die knowing that everything I’ve done has been in support of truth and freedom and I can leave that message to the future generations of my family. 

            So attack in anyway you wish, that will not stop my support for these girls and their families.    It will not prevent me from voicing what I believe about the Citizens right to effect change in their government. Unprovoked accusations on my private life only hurts those making them, you do yourself no service at all. 

Welcome back Marsha!  Glad to see you in such fine form.

This one is like a miniature poodle barking at your ankle. Makes noises like a big dog but the worst they can do is pee on your shoe. It really doesn't accomplish anything except to be loud and messy.

Mike Heemer