Commissioner calls for state to investigate Bergosh for possible Sunshine violation

Escambia County Commissioner Mike Kohler is calling for a state investigation into possible Sunshine Law violations over texts that fellow commissioner Jeff Bergosh exchanged with one of Escambia County’s top political donors on redistricting county voting lines.

The texts between District 1 Commissioner Jeff Bergosh and The Lewis Bear Company CEO David Bear show Bergosh asked Bear to send his proposal for new county districts to two other commissioners while telling Bear not to let him know what they said. Bear did not text a reply.

A recent News Journal article published about the texts sparked the request and heated exchanges between Bergosh and Kohler, as well as Bergosh and community members who spoke to commissioners at Escambia’s Board of County Commission meeting on Thursday night. Bergosh and the county allege the texts were stolen from the county server. Those texts were later leaked to the News Journal.

“Because there's been a lot of passion about the PNJ article, I believe Commissioner Bergosh deserves − I don't know if his stuff was stolen, I think it was. I also think the texts that came out are very disappointing for me,” said Kohler. “I look at myself on this board as a team member, and no matter what happens, I do think an outside party − if you read the 381-page Sunshine Law, it says the state attorney is the person that's supposed to look into something like this. It doesn't mean that anything was done wrong, and I'm saying that right here. I don't know what's on your texts, but I do think to restore the public trust in this body that we should have an outside investigation, and I hope, and I mean this, I don't glee in this, Jeff, at all, I truly hope that there's no wrongdoing by anyone on this board.”

Jeff Bergosh texts: Bergosh texts illustrate behind the scenes plotting to redistrict Perdido

The Florida Sunshine Law prohibits officials serving on the same board from communicating about board business outside of public meetings. It also prohibits board members from using others not on the board to "carry the message" to fellow board members. While Bear did not respond to the News Journal's request for comment, in a deposition on a different lawsuit he stated that he does not carry the message for commissioners.

Bergosh quickly responded to Kohler’s statement.

“You’re welcome to send a letter to anyone you want,” Bergosh told him. “You're right, there should be an investigation, and thankfully there is. The FBI is investigating who stole the county records, including records that trigger a felony. That's why they're looking at it, and there’s another entity looking at it and I’m meeting with them next week. If you want to send a letter, by all means do so. Have your friend Glenn and your secretary Steve do it as well.”

Bergosh was referring to Escambia County resident Glenn Conrad, who spoke about the texts during public forum and also asked for a state investigation, as well as Steve Stroberger, a former candidate for District 2 who is currently a county employee as Mike Kohler's aid.

“For you to call for a public investigation based on an article that came out based on text messages that have been stolen and manipulated, I think, is incredibly unprofessional,” Bergosh said. “But send your letter and let the chips fall.”

“Have you taken ethics training?” Kohler asked. “What's the course of action?”

“Mike don’t. I'm not going to have you lecture me,” said Bergosh. “I've been in this business a little bit longer than you. You might be a better nurse.”

“LOL,” Kohler responded, referring to referring to Bergosh’s use of the term in his texts to Bear, which stands for ‘laugh out loud.’

Stroberger also spoke during the public forum as a private citizen and the Republican party’s state committeeman for Escambia County.

Stroberger was unable to run for the District 2 seat after the BOCC reworked district lines, which were mostly in line with Bergosh’s redistricting plan, because they put Stroberger’s home in a different district.

Stroberger said he had sent a letter to the State Attorney.

“It’s a request for the First Judicial Circuit for an investigation into gerrymandering and what I believe is a clear Sunshine Law violation during the last election cycle,” Stroberger said, adding that he also sent a letter to the governor’s office requesting that Bergosh be removed from office.

“I know what you’re thinking, Jeff,” Stroberger said. “You’re thinking I wouldn’t have won anyway, but when Mike Kohler won, I did win. We all won. The only one who didn’t win was you. You and the candidate you were supporting. I remember when you said, ‘Don’t hate the player, hate the game, LOL,’ Stoberger said.

“The game’s over Jeff,” Stroberger continued. “You and I texted and talked about the redistricting. You told me it wasn’t personal. I’m just so disappointed, that you and I talked for over a year about my own campaign, and you didn’t say one word to me about it. Instead, you communicated to the other commissioners through a surrogate, or tried to.

“The timing of a certain candidate’s address change, his election filing, and your contribution to his campaign all in the same month was suspicious but your ‘text capade’ crystallized everything I thought I already knew and I’m sure glad I called Mike Kohler. If you have any honor left, Jeff, you’ll resign,” Stroberger concluded.

The State Attorney's Office confirmed they have been contacted by multiple people regarding the texts.

“Our office has been contacted by individuals regarding concerns involving the e-mail situation and Commissioner Bergosh. Our office is in the process of reviewing the matter and at this time cannot make any further comment,” said Greg Marcille with the State Attorney’s Office.

Bergosh immediately responded to Stroberger as he took his seat in the audience. The two continued to go back and forth and Commission Chairman Steve Barry stopped them from talking over each other.

“Now you can look at text messages out of context, and you can think what you want,” Bergosh said. “You can send letters to whoever you want. I've done nothing wrong, and there's no chance I'm resigning. I'm going to run again, and if you want to run against me, let's put it up there and see what happens anyway.”

The text messages between Bergosh and Bear cover a period from Oct. 18, 2019, to Feb. 1, 2022. In the fall of 2021, Escambia County had to redraw the boundaries of its five districts based on the results of the 2020 Census.

According to the texts, Bergosh would propose at the first joint meeting to redistrict the Perdido Key area from District 2 to District 1. The change was ultimately approved.

Bergosh made clear in his text to Bear he wanted Perdido Key in his district as retribution to then-Escambia County Commissioner Doug Underhill. Perdido Key had been in District 2 for the last 20 years, but before redistricting in 2001, it was part of District 1.

Conrad said he was concerned not only about gerrymandering, but also Sunshine Law violations, the release of public records, and whistleblower considerations.

“I'm going to ask you to solicit, support at least, but probably solicit a state Florida State agency investigation on these,” said Conrad. “These are all state laws. Sunshine law is a state law. You're all subject to it. The state agency investigations, State Attorney's Office or Attorney General of the State of Florida, perhaps in conjunction with FDLE, perhaps to depose all of you under oath, go a long way to doing this (providing more transparency). It would also alleviate any potential appearance of conflict of interest by county staff since essentially you hire county staff and if they're investigating you, then that's a whole another problem.”

Bergosh also responded to Conrad, as he had to Stroberger.

“If you come up like you and Steve did from a position of glibness and ignorance, I'm going to correct you,” Bergosh said. “That's the way it works. Send any letter you want, request any investigation you want. I got nothing to hide. Never have, never will. And let me just point out, 18 years in public office, not one ethics complaint, not one lawsuit. It's because I follow the rules.”

When Conrad returned to the audience from the podium, he stood up in his seat to respond to Bergosh while the commissioner was speaking, prompting Barry to insist he sit down while a deputy asked him to do the same.

“Please have a seat,” Barry interrupted the two. “Don't make me have the security come out there. Please have a seat, Mr. Conrad. Please have a seat. Goodness,” Barry concluded when Conrad eventually sat down.

This article originally appeared on Pensacola News Journal: Commissioner Jeff Bergosh texts prompt call for Sunshine investigation