Bergosh texts illustrate behind the scenes plotting to redistrict Perdido
Escambia County Commissioner Jeff Bergosh asked one of the county's top political donors to send other commissioners redistricting plans during the county's redrawing of its political boundaries in 2021.
Buried in the spreadsheet of more than 50,000 text messages from a backup of Bergosh's phone made in February 2022 are exchanges between Bergosh and The Lewis Bear Company CEO David Bear, where Bergosh asked Bear to send a proposal for new county districts to two other commissioners while telling Bear not to let him know what they said.
"Jeff Bergosh 10/1/2021 7:49:48 AM It would really be helpful if you could speak with Lumon about that of course don't tell me what he says LOL
Jeff Bergosh 10/1/2021 7:50:01 AM And if you could speak with Steven that would be greatly appreciated but absolutely don't tell me what he says LOL
Jeff Bergosh 10/1/2021 7:50:44 AM (The file indicates Bergosh sent an image)
Jeff Bergosh 10/1/2021 7:50:52 AM Although it is tough to see on this picture this is my proposed new district 1 I pick up perdido key Innerarity and I give away half of precinct 61 all of precinct 99 1/2 of precinct 75"
Bear did not respond to Bergosh's request.
In a video recording of a deposition in the lawsuit between former Commissioner Doug Underhill and Bear that was posted in July on social media, Bear said he does not "carry the message" when texting commissioners.
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.
Jennifer Mansfield, a First Amendment attorney with Holland and Knight in Jacksonville, said the Sunshine law does not allow an elected official to circumvent it by asking someone else to deliver a message.
"One of the primary purposes of our Sunshine Law is to stop backroom deals," Mansfield said. "So using an intermediary to do your communicating for you thwarts the purpose of openness."
Bergosh declined to comment to the News Journal on the record. Bear was not immediately available for comment.
Bergosh wrote last week on his blog that the files of the text messages in possession of Edler's attorneys and the News Journal have been manipulated, and the "hash signatures" do not match.
Escambia County has not made that argument in the lawsuit where the messages originally surfaced. Escambia County has also filed a lawsuit against Gannett, the News Journal's parent company, alleging the file is county property and is seeking its return.
Where did the texts come from?
The existence of the messages arose this summer in a lawsuit between Escambia County and its former medical director Dr. Rayme Edler.
Former county employee Jonathan Owens provided Edler's attorneys with the text messages he said were anonymously provided to him. The files were from a backup of Bergosh's personal phone he had Escambia County Information Technology Department make in February.
Owens worked as Underhill's aide at the county for eight years and unsuccessfully ran against Bergosh for the District 1 commission seat in the 2020 Republican primary.
Separately, an anonymous source provided the News Journal with copies of the files after it published a story on the legal battle in August. Owens verified to the News Journal the file appeared identical to the one he provided to Edler's attorneys, and the number of messages contained in the file was the same.
Escambia County maintains the messages were stolen and has asked the Federal Bureau of Investigations to investigate.
The court is in the process of reviewing which messages will be allowed to be used for discovery in the case.
Conversations about Redistricting
The messages 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.
Census data was released to the county to draw districts in August. The Escambia County Commission and Escambia County School Board held two joint meetings to draw the new districts on Oct. 5, 2021 and Nov. 2, 2021.
A number of the text messages obtained by the News Journal discuss official government business, which makes them public records. On Oct. 1, Bergosh and Bear were discussing Bear's public records lawsuit against Underhill.
The County Commission was set to hold a shade meeting on Bear's lawsuit just before the joint redistricting meeting on Oct. 5.
Bergosh has publicly said he was interested in moving Perdido Key to District 1 in September 2021, but had not put forward a specific proposal until the Oct. 5 meeting.
Bear said he hoped the redistricting would be discussed first so that Underhill would be "pissed" before the lawsuit was discussed.
In the messages, which are quoted as they appear in the file with typos and misspellings unaltered except for profanity, Bergosh said he believed his plan would pass if commissioners Lumon May and Steven Barry supported him.
"Jeff Bergosh 10/1/2021 7:39:24 AM He ain't going to like my proposal, LOL
Jeff Bergosh 10/1/2021 7:39:31 AM But I don’t care
Jeff Bergosh;"10/1/2021 7:39:51 AM I just hope that Lumon and Stephan will support my map which reflects the wishes of Kevin Adams and Vicki Campbell as well
Jeff Bergosh 10/1/2021 7:40:03 AM I hope they don't give into any of Doug's bulls--t at all"
Bergosh would propose at the first joint meeting to redistrict the Perdido Key area from District 2 to District 1, and the change would be approved. Underhill had already announced he was not running for re-election.
Bergosh made clear in his text to Bear he wanted Perdido Key in his district as retribution to Underhill. Perdido Key had been in District 2 for the last 20 years, but before redistricting in 2001, it was part of District 1.
Bergosh said he didn't believe Underhill or Commissioner Robert Bender would back his plan.
"David bear Cell 10/1/2021 7:41:52 AM Is the redistributing discussion shade or public?
Jeff Bergosh 10/1/2021 7:41:55 AM Autocorrect keeps changing the word redistricting
Jeff Bergosh 10/1/2021 7:42:04 AM Open meeting
Jeff Bergosh 10/1/2021 7:42:37 AM Should be a hoot if we stick together and if Robert will keep his f--king trap shut
David bear Cell 10/1/2021 7:44:05 AM Laughed at "Should be a hoot if we stick together and if Robert will keep his f--king trap shut"
David bear Cell 10/1/2021 7:44:58 AM I haven't seen your plan but Perdido should go back to D1
Jeff Bergosh 10/1/2021 7:45:14 AM That’s what I’m planning
David bear Cell 10/1/2021 7:45:46 AM Good. Push hard for it.
Jeff Bergosh 10/1/2021 7:46:00 AM I will
David bear Cell 10/1/2021 7:46:01 AM They need your leadership
Jeff Bergosh 10/1/2021 7:46:47 AM I just hope that Lumon and Stephan will see the value in what I'm proposing it makes a lot of sense. Meanwhile Doug is going to try to dump a precinct into Lumon's district that isn't necessary. I've done the math if Stephen and Lumon swap that one precinct south of 9 mile road Lumon's district balances Roberts District balances in Stephen's district balances"
The stated redistricting goals were to balance the five districts to within plus or minus 5% of an equal split of all population between each while also maintaining the majority voting power of African Americans in District 3 to give the county one majority-minority voting district.
After hinting twice that commissioners May and Barry should "see the value" in Bergosh's proposal, Bergosh directly asked Bear to share his redistricting plan with the two commissioners in the four messages sent at 7:49 a.m. and 7:50 a.m., including a picture of a computer screen showing the proposed changes Bergosh wanted to make.
The result of the meeting on Oct. 5 was Bergosh's proposal to change Perdido Key to District 1 with the support of the other commissioners. Underhill was not in attendance at the Oct. 5 meeting.
Two weeks later, Bergosh and Bear discussed Underhill's lawsuit against the county over his legal fees in a defamation lawsuit that Underhill successfully defended. Bear said he hoped the county would be able to recover its legal fees from Underhill when it won the lawsuit.
"Jeff Bergosh 10/23/2021 8:18:59 AM We might I'd be all for it after I beat the s--t out of him on the redistricting
David bear Cell 10/23/2021 8:19:14 AM ??
Jeff Bergosh 10/23/2021 8:19:16 AM It's going to be an exercise of raw power
Jeff Bergosh 10/23/2021 8:19:23 AM And he’s going to be publicly humiliated
Jeff Bergosh 10/23/2021 8:19:33 AM ????
Jeff Bergosh 10/23/2021 8:20:09 AM Him Jonathan and the intern
David bear Cell 10/23/2021 8:20:11 AM To make it happen, just remember, you'll need to be willing to give up something you'd rather not.
Jeff Bergosh 10/23/2021 8:20:22 AM I know that"
Bergosh said he'd be willing to adopt a map put forward by Escambia County School Board member Paul Fetsko. However, Bergosh said the map would eliminate two county commission District 2 candidates, Chance Walsh and Kevin Brown, from the election. Bergosh said he wouldn't support that because it would throw that race into "turmoil," but he was working on a proposal with District 1 School Board member Kevin Adams.
"Jeff Bergosh 10/23/2021 8:26:50 AM So our proposal the compromise keeps chance Walsh and Kevin Brown in the D2 race it also adds Jonathan Owens into D2. But it does take Steve Stroberger out of the two which I don't believe will impact the race at all he had no chance to win"
The proposal that passed did remove Stroberger from the District 2 race. However, Walsh and Brown lost to Mike Kohler.
Stroberger endorsed Kohler and served as his campaign manager after he was drawn out of the race. Stroberger now works as Kohler's aide in the District 2 office.
Bear responded to Bergosh that he liked Fetsko's proposal. The next day, Bergosh texted Bear with a new proposal.
"Jeff Bergosh 10/24/2021 8:31:32 AM Good Morning David—I've spent a good bit of time looking at multiple variations of the potential redistricting maps. I think there's an opportunity to consolidate all of western city/downtown into Lumon's district— all portions east of Bayou Chico all the way over to 9th avenue this could work and we could make up the difference with an additional five to D2 in Bellview and a take away from Lumon in Pine forest area which would help his minority/majority percentage. Would love to discuss with you at some point to get your opinion. Jeff
Jeff Bergosh 10/24/2021 8:32:07 AM *give to D2
David bear Cell 10/24/2021 8:33:23 AM Hey Jeff. Yes, I'd like to discuss. I stayed out way too late last night and am just moving around so give me a little while to call you. Are you available a little later this morning?Jeff Bergosh 10/24/2021 8:38:12 AM Yes absolutely. I have a really, really good plan for D3 to make it essentially THE downtown power district AND maintain minority majority status. Bender and Underhill will hate it
David bear Cell 10/24/2021 8:54:38 AM I'm all ears. Lumon needs more African Americans. If this helps him get that, I will like it.
Jeff Bergosh 10/24/2021 8:55:09 AM Crunching numbers now
Jeff Bergosh 10/24/2021 8:55:37 AM It makes him the most powerful—controlling key real estate downtown David bear Cell 10/24/2021 8:56:00 AM Does it take Lois out of her district?"
Bear's reference to Lois is Emerald Coast Utilities Authority District 2 board member Lois Benson. ECUA board members share the same districts as county commissioners but do not get to vote on the district boundaries during redistricting as commissioners and school board members do.
Bergosh had publicly said he didn't support Underhill's redistricting proposal because it would draw ECUA Board Member District Vicki Campbell out of her district and he wouldn't support changing boundaries if it would prevent a currently serving elected official from running for re-election in their district.
Bergosh responded to Bear's question about Benson:
"Jeff Bergosh 10/24/2021 8:56:12 AM Yes it does
Jeff Bergosh 10/24/2021 8:56:17 AM So sorry
David bear Cell 10/24/2021 8:56:26 AM I'm ok with that. F--k her
Jeff Bergosh 10/24/2021 8:56:34 AM I’m agnostic
Jeff Bergosh 10/24/2021 8:56:40 AM But it’s time
David bear Cell 10/24/2021 8:57:04 AM I'd love to redistricting her out but I'm concerned it will blow up your plans
Jeff Bergosh 10/24/2021 8:57:39 AM Yes— that's why it can't be my idea; otherwise I look like a hypocrite
Jeff Bergosh 10/24/2021 8:58:00 AM But setting that aside there is still a difference between Vicki Campbell and Lois Benson ECUA at the most a parent Vickie just won her election less than a year ago. Lois hast to run again in less than a year"
During the final meeting, the proposal to give May all of downtown wasn't included in the draft, but it was Underhill who mentioned it as a possibility. May rejected the idea as it diluted the African-American vote.
According to the text message file, Bergosh and Bear agreed to meet in person on Oct. 26 to discuss redistricting. The next day, Bergosh said he wanted to talk to follow-up about their meeting with "good news."
At the final joint redistricting meeting on Nov. 2, Bergosh's proposed map, which he described as a compromise version of Fetsko's map, became the jumping-off point for all of the final changes made in the district boundaries.
"The map isn't perfect but the map is good," Bergosh said on Dec. 2, 2021, when the county officially adopted the map. "It meets the spirit and letter of the law."
This article originally appeared on Pensacola News Journal: Commissioner Jeff Bergosh texts show plotting to redistrict Perdido
