IS IT JUST ME???

[Debbie G]

Is It Just Me????

 

I trust our justice system and believe it is blind in its dispensation of justice; or do I?  My experience with the “system” created a deficit of trust and confidence.  However, I have to ask myself if I am looking through the “too close” to the situation glasses with an inability to be impartial in my observations. 

If you have to move out of the way to avoid contact with an approaching individual, does that indicate more than just a verbal exchange?  If someone states their position of office when you fail to acquiesce, does indicate a misuse of office?

Below is the time line and documentation of my experience; is it just me?

 

 

March 17 – Full disclosure: I am working with the Schellenberg campaign.  Matt Shellenberg is running for City Council District 6 against Jack Webb, who is running for re-election.  As I have previously reported, my sidewalk confrontation with Mr. Webb and his cohorts was so upsetting; I felt it necessary to document my experience and to file a police report. I phoned the police station at 9:33PM to file a report.  The officer arrived at my home at approximately 10PM.  Also present during this interview was Mr. Schellenberg.  I spoke with Officer Archbold for several minutes and handed her the statement that I had typed up earlier.

 

 

March 18 - I phoned the police station to obtain a copy of my report.  I was told it could take up to 48 hours for it to be available and I also needed to fax in a request and copy of my drivers license, which I did.

 

March 18 –  I wrote the “Just Shut Up!!!” blog outlining the encounter with Mr. Webb.

 

March 21 – At 2:42PM I received my copy of the police report.  I was shocked to see the disparity between the statement I had given Officer Archbold and what the police report actually stated.  I phoned the police station to question this inaccuracy (630-0500) and was directed to phone another department (630-2337).  I was then told I needed to make the inquiry in person.

 

March 22 – I worked at a polling station, Election Day, from 6AM – 7:40PM, so I had no opportunity to inquire about the police report.

 

March 23 – I was in the hospital on this day for a previously scheduled procedure and did not have the opportunity to address the police report.

 

March 24^th – I was at the District Attorney’s office at 9AM to file a complaint.  They took my statement and I pointed out that the police report did not accurately reflect the incident.  I was advised to go over to the police station to address this.  I also submitted a Times Union article where Mr. Webb stated, “Schellenberg supporters often were confrontational.”  I asked about obtaining a restraining order against Mr. Webb and was advised to wait until the District Attorney’s office completed their review of the case.

Finally, I was given a file number and told the case was being given priority due to it’s sensitivity.

 

I then headed over to the police station to correct the report.  I explained the report inaccuracy to an officer at a desk in the main lobby; I did not get her name.  However, she was unable to find the report in the system; she stated the report file number was there but could not pull up the report.  I was told that I could fax in my statement to be attached to the report (630-1915).  I returned home and called the police station again (630-0500) to verify this fax number prior to sending my statement.  I was then told the only way to address the content of the report itself is to speak directly with the reporting officer.

 

March 25^th – I went directly to the Zone-3 substation to speak with Officer Archbold directly.  I was then informed that Officer Archbold was not on duty at the time, but that I could leave a message.  I left a request to speak to the officer and that I would like to address the report content.  Officer Archbold’s shift did not start until 6:30PM, I was asked how late I could be contacted and replied 9PM.  I did not hear from Officer Archbold.

 

March 28^th – I received a letter from the District Attorney’s office stating that after reviewing the police report the case did not warrant further investigation.

 

 

 

 

MY MARCH 17^TH STATEMENT TO OFFICER ARCHBOLD:

 

At 6:00 pm on March 17^th I parked in the South Mandarin parking lot with the intention of sign waving for Matt Schellenberg.  I removed my signs, one stating “vote for Matt Schellenberg” and the other citing ordinances that Jack Webb had voted for relating to tax increases, garbage fees, and water fees via JEA.  I spoke with a woman, Lee, for several minutes about our choice of candidates we were campaigning for, she “Jack Webb” and I “Matt Schellenberg.”  It was a pleasant conversation despite the difference in candidate choice. 

About 6:04 pm, she walked towards the corner of Orange Picker and San Jose, as we were approximately 35 feet south of the corner, to join with other “I Back Jack” sign wavers.  Soon afterwards, Greg Youngblood walked over to where I was standing and we began to talk about this election cycle and the circumstances relevant to running.  At 6:06 pm a white four dour truck pulled up and parked in the Walgreen’s parking lot approximately 25 feet south from where I stood. Three men exited the vehicle and proceded to walk directly towards me; specifically, Jack Webb.  As I was standing directly on the inside edge of the curb, Mr. Webb attempted to step in front of my sign and myself with his campaign sign, so too did the other two men in accompaniment.  So, I stepped into the street, Mr. Webb then stated, “It is illegal to stand in the road.”  I acknowledged his statement, but did not move.  He then stated, “I am going to call the cops,”  I replied, “O.K. go ahead” and he responded “Do you know I am the city council president?” and I replied “Yes, I do.”   He then walked away as if he was going to call the police and when I stepped back on to the curb he stopped and stated “She’s out of the road.”  I addressed Mr. Webb stating my name, as to not be addressed as “she,” and that I was not attacking him personally, but he said it was personal because the content on my sign was not true.  My sign stated that Mr. Webb has raised taxes, water fees, and garbage fees.  He shouted at me stating I was wrong, to do my research, and that I had never attempted to contact him at his office.  This is inaccurate as I have done my research, I have spoke directly to him at several South Mandarin Republican meetings as well as the meetings last August and September relating to the recent property tax hikes.  He would not acknowledge the fact that I had cited the ordinances on my sign and he stated that “I did not know the truth.”  I held my ground, held my sign up, and refused to be intimidated by irrational interactions.  I have never encountered such abhorrent behavior in my life, so I called a friend at 6:08 pm to ask for support because I was afraid for my well being.  The individuals harassing me proceeded to their vehicle and left at approximately 6:15pm.  I then proceeded to call my friend and inform as to not need them to come to my assistance.

 

 

 

OFFICER ARCHBOLD’S REPORT:

 

STATEMENT I WROTE OUT FOR DISTRICT ATTORNEY’S OFFICE MARCH 24^TH :

 

 

At 6:00 pm on March 17^th I parked in the South Mandarin parking lot with the intention of sign waving for Matt Schellenberg.  I removed my signs, one stating “vote for Matt Schellenberg” and the other citing ordinances that Jack Webb had voted for relating to tax increases, garbage fees, and water fees via JEA.  I spoke with a woman, Lee, for several minutes about our choice of candidates we were campaigning for, she “Jack Webb” and I “Matt Schellenberg.”  It was a pleasant conversation despite the difference in candidate choice. 

About 6:04 pm, she walked towards the corner of Orange Picker and San Jose, as we were approximately 35 feet south of the corner, to join with other “I Back Jack” sign wavers.  Soon afterwards, Greg Youngblood walked over to where I was standing and we began to talk about this election cycle and the circumstances relevant to running.  At 6:06 pm a white four dour truck pulled up and parked in the Walgreen’s parking lot adjacent to and approximately 25 feet south from where I stood.  Three men exited the vehicle walked through a row of bushes directly towards me, Jack Webb leading the group.  As I was standing directly on the inside edge of the curb, Mr. Webb attempted to step in front of my sign and myself with his campaign sign, so too did the other two men in accompaniment.  So, I stepped into the street to avoid contact with the men, Mr. Webb then stated, “It is illegal to stand in the road.”  I acknowledged his statement, but did not move.  He then stated, “I am going to call the cops,” I replied, “O.K. go ahead” and he responded, “Do you know I am the city council president?” and I replied, “Yes, I do.”  He then walked away as if he was going to call the police and when I stepped back on to the curb he stopped and stated “She’s out of the road.”  I addressed Mr. Webb stating my name, as to not be addressed as “she or lady” and that I was not attacking him personally, but he said it was personal because the content on my sign was not true.  My sign stated that Mr. Webb has raised taxes, water fees, and garbage fees and I had the relevant cited sources backing up the statements on the sign.  He shouted at me stating “I was wrong, do your research, and you have never attempted to contact me at my office.”  This is inaccurate as I have done my research, I have spoke directly to him at several South Mandarin Republican meetings as well as the meetings last August and September relating to the recent property tax hikes.  He would not acknowledge the fact that I had cited the ordinances on my sign and he stated, “I did not know the truth.”  The conversation between Mr. Webb and I ended and Tony Hemmerly and Peter Kelley continued to intimidate me by standing directly behind and in front of me.  After a minute or so I picked up my sign and proceeded further south on the corner.  Mr. Hemmerly and Kelley then followed and once again were intimidating me so, I called a friend at 6:08 pm and stated loud enough for the men to hear “Jack Webb’s group is not acting gracious, I need help” because I was afraid for my well being.  It was at this time the men harassing me proceeded to their vehicle and left at approximately 6:15pm.  I then proceeded to call my friend and inform as to no longer need assistance.

 

DISTRICT ATTORNEY’S DISPOSITION OF THE CASE:

 

 

 

 

 

TIMES UNION MARCH 22 2011

 

http://jacksonville.com/news/politics/2011-03-22/story/jack-webbs-b...

 

Jack Webb's big lead not enough to avoid runoff in City Council District 6

 

 

By Jeff Brumley

City Council President Jack Webb received at least 45 percent of the unofficial vote in a three-way race for the council District 6 seat he’s held for one term, leading to the May 17 runoff  against challenger Matt Schellenberg.

The upcoming race promises to be heated, with both Republicans already trading jabs about campaigning.
Webb, 48, said the results were “wonderful” considering there were three Republicans and that Schellenberg supporters often were confrontational. “We’re pumped and ready to go,” he said.

Schellenberg, 58, said his supporters “have been nothing but professional and respectful” and will continue to be so. Webb is rattled that his name recognition and incumbency didn’t garner him an outright win on Tuesday, Schellenberg said.

The business owner said he’ll likely pick up those who supported third-place Greg Youngblood  on a message of smaller government and no new taxes.

Webb’s opponents blasted him for increases in garbage, utility fees and taxes that occurred during his first term, despite Webb’s opposition to some of the increases.

Webb said the clout he wields as council president helped him in the district, which covers Mandarin and Beauclerc.

Webb predicted a positive outcome in May based on his record.

Call Jeff at [phone]

 

 

 

 

 

Florida State Statutes

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Stat...

 

 

Title XLVI CRIMES

Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

View Entire Chapter

 

784.011Assault.— 

(1)An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. 

(2)Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

 

 

 

 

 

Jacksonville Municipal Code

http://library.municode.com/index.aspx?clientId=12174&stateId=9...

 

Sec. 602.310. - Misuse of position, information, etc.

(a)   It is unlawful for an officer or employee of the City or an independent agency to intentionally use his or her official position to secure, by coercion or threat, a special privilege or exemption for himself, herself or others, or to secure confidential information for any purpose other than official responsibilities.

(b)   It is unlawful for an officer or employee of the City or an independent agency to intentionally or knowingly disclose any confidential information gained by reason of said officer or employee's position concerning the property, operations, policies, or affairs of the City or an independent agency, or use such confidential information for pecuniary gain.

(c)   It is unlawful for an officer or employee of the city or an independent agency, to directly or indirectly lend or borrow over $100, to or from a higher ranking or subordinate employee in the chain of command. It is also unlawful for an officer or employee of the City or an independent agency, to directly or indirectly lend or borrow over $500 to or from anyone else in the officer or employee's department. This subsection shall not be applicable to lending between family members.

(Ord. 97-890-E, § 1; Ord. 2007-329-E, § 3)

 

 

           

[Debbie G]

Three years ago, if someone would have told me I would be involved to this extent, I would have dismissed any such notion.  However, a conversation with a friend yesterday reminded me just how important the Tea Party is. 

Politicians, no matter where they stand, usually have each other's back, which is the antithesis of what they were elected to do, represent the "People."  The Tea Party has brought together every day citizens, who most likely never would have met, and given them, us, a platform to have our voice heard.  The growth and strength of the Tea Party is our only chance to change the paradigm of politicians protecting politicians.  I am so honored to be a member of this group and have such a wonderful group of "new" friends.

 

[J. Lo]

Debbie,

You are amazing.

The clarity of thought, the painstaking research and documentation, the pursuit of  justice, and your heart, courage  and persistence, make you the ultimate Tea Partier . I think I can safely say that we all are very proud of you.

I am honored to call you my friend.

[Tom Wright]

Debbie,

As I have offered before, I will stand with you with my sign, it is very plain it says:

"Jack Webb opposes Free Speech"

Any time any place, you know I will there to support you.

I will help you campaign for Matt Schellenberg even if I do not live in district 6.

I will also wave signs for Mike Hogan, please let me know when and where you guys will be.

Tom Wright

[Dennis J. Fleming]

So, when and where do I stand to campaign for Mr. Shellenberg?

 

The incident appears to be a violation of your right to "freedom of speech" and federal campaign laws.

[Debbie G]

I have communicated with Carla Miller with regards to an ethics violation, which this is.  However, Ms. Miller explained that pursuing such an avenue is not for the faint of heart as it can drag out for months or even a year.   Mr. Webb has far more resources and connections as well as experience with manipulating the system.  Unfortunately, the disparity of resource is the case for many and precludes average citizens from pursuing justice.  I am afraid at this juncture I have evaluate "work smart, not hard" and utilize my resources efficiently to effect a productive outcome. 

[J.R.]

Debbie, there are also state ethics rules that government officials, both state and local, have to follow.

Here is a link that will be helpful, for it has many informative links to information we all need to know, including ethics and discipline of officials who engage in misconduct and unethical behavior. That's where Glorious Johnson, in fact all members of City Council and the Mayor, come in.

http://www.floridaleagueofcities.com/Print.aspx?CNID=656

[J.R.]

Debbie, the main people to contact at the Times Union are the Editor, and especially the head of Public Relations.  That's what I did when I reported to them a problem with a corrupt Duval County judge who was up for re-election, provided them documentation, and on the Sunday before the election, the T-U reported on their editorial page that the judge had "ethical problems."  That judge was defeated by a landslide for his opponent, in the 70% percentile.  The corrupt judge was a Republican and so was I.  But I talked with his opponent, a Democrat, and supported him in the election. 

BTW, for the sake of Roma and Tom Cox, J.W. Gawlick and others, the glitch on commenting at my blog at http://www.fctpcommunity.org/profiles/blogs/obamas-attack-on-libya , has been corrected and blogging continues there for dialogue and debate. There are already new postings there.

[Debbie G]

@ Roma,

I wanted to believe that our local situation did not have the corruption and political favoritism; how naive of me.

[JL Gawlik]

Debbie, there was a young lady in her 20's who works campaigning for Schellenberg and she told my husband she had the same thing happen to her by Webb supporters who cussed her out and threatened her, she called the police, i would check with his campaign workers and find out how many more and make it a group effort. I wish one had been me because i would more than happy to file a group complaint with you.

 

I can not stand disingenuous people.

[J.R.]

Debbie, research coercion, bullying, harrassment, and possibly extortion. There are Florida criminal statutes that include these specific acts.  Extortion is making someone do something against their will that they would not voluntarily do---such as put down your sign and/or leave. It does not have to include money being extorted.

As for the JSO, contact Internal Affairs and file a formal complaint and request a complete investigation about the handling of the incident and against the officer who did not accurately write up the report.  Also, request an appointment with Sheriff Rutherford.  Do these by certified mail, if necessary. Since you've exhausted other options, take it to the top. We helped Sheriff Rutherford get elected.  You could very well have been standing out their holding up a sign with his name on it.

Sounds to me as if you've gotten a run-around. It's very likely because it involves a political candidate and it could have other implications.  You might also call or go to the Times Union and speak with an investigative reporter and see if they will write about it and/or you could write a letter to the editor about that specific candidate's unethical, intimidating, and what you believe to be unlawful actions.

The State Attorney's office should have considered much more than the officer's report, which was very superficial, incorrect, and general, when you had reported specifics, as you described in your first post on this matter.  They probably also didn't want to take a position on a Republican vs. Democrat issue.  Also, if he's already in public office now, the State Attorney's office would likely be the ones who would be defending him in a lawsuit. Still, you could write a detailed letter to State Attorney Angela Corey (who is a Republican and was at the Rick Scott barbeque. I'm not a lawyer and am just stating my opinion, but I wouldn't let Webb skate on this if it were me. He also violated your First Amendment rights under the U.S. Constitution, and likely under the Florida Constitution, as well.  If you had violated his First Amendment rights, he'd probably have been in a lawyers office the next morning.  Speaking of which, you might be able to get a one hour free consultation with one yourself. It might be interesting to see what Glorius Johnson would say about it, too, since she is so well versed on ethics in government. When you're all done, please let us know the final outcome.  We're all rooting for you.