Gunther says city and state ethics codes don’t apply to CMPA

April 24, 2013

cmpa 1
Fred Gunther visited the Independent News and said that he believes that he did nothing wrong when he presented a competitive lease proposal for Parcel 1 at the Maritime Park. He said that he shouldn’t have used the word “client” and that he would not have accepted a commission unless the CMPA board approved.

Gunther also said that he wouldn’t present any more lease proposals to the CMPA board while serving on the board.

We agreed to disagree. My opinion is that he should have told the client to seek out another realtor and recused himself from any discussion of the parcel. His actions hurt the public trust in the CMPA and the city of Pensacola.

After the meeting, Gunther sent me the following email and attachments:

Hello Rick,

I appreciate you taking the time to meet with me today. I have attached the documents I dropped off earlier so you would not have to scan them.

As we discussed, I believe the headline “Gunther Violates City Ethics Code” is misleading as no opinion has been rendered by the City Attorney’s office or anyone else that this is the case. The City Attorney has stated publicly that they can not represent the CMPA, as it is a 501c3 non-profit corporation and not a City Board.
Another headline “Gunther’s clearly states it’s his client and expects to be paid” is misleading as well. I did use the term client but never stated I “expected” to be paid. I fault myself for not providing more clarity at the meeting, but I was not hiding anything. I did not know if I could receive compensation or not and would not have done so without Board approval. I would like to request that you remove these headlines and issue a correction.

I do appreciate your offer to post my letter to City Council and the exhibits which accompany it. Do not hesitate to contact me if you have any questions.

Thank you,

Fred Gunther, CCIM
Gunther Properties, LLC
213 S. Baylen Street
Pensacola, FL 32502

I do believe that Gunther violated the city code of ethics. The question is whether the code applies to the CMPA and that is a decision that the Pensacola City Council will have to make. I will add his viewpoint to that post, but will not change the title.

On the second post, a reasonable person watching the video of the CMPA meeting would make the assumption that he expected to receive a commission if the lease proposal was approved. However, it’s not conclusive. I have changed that title.

Here are the attachments that Gunther included with his email:

Letter to City Council


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  • Mike April 26, 2013 at 1:57 pm

    TRD aka Fred
    I filed a formal complaint with FREC today.

  • jeeperman April 26, 2013 at 12:18 pm

    retaliation upon citizens comes from the county and city governments as well.

  • George Hawthorne April 26, 2013 at 8:22 am

    TRD – I must say that Rick has covered the Oliver report “issue,” in fact, IN was the publication that fully chronicled its appearance, disappearance and process. He has also challenged, the CMPA “process” very clearly since the Y “debacle.” And as far as Davison, he “crushed” MPDP in its investigative process over many articles.

  • The real deal April 25, 2013 at 8:27 pm

    I gotta say – DJW makes some very valid points. Did Rick ever challenge the decision to go with Davison as master developer? Did he ever pick up on the fact that the CMPA has no marketing plan for the available parcels? Has there been any follow up on the Oliver report and the strange manner in which it has virtually disappeared? No my friends this flap about Gunther is simply a diversion from the fundamental flaws of this ill advised and horribly executed boondoggle of boondoggles. Gunther did not build this.

    • Rick Outzen April 26, 2013 at 7:51 am

      Check out Hoodwinked?. We broke the story on Davison as it became clear that he didn’t have the ability to do what he promised.

      Gunther is accountable for his own actions.

      Also, TRD, pick one moniker and stick to it. Either be The Real Deal or Saturday in the Park. We’ve relaxed the rules about using real names because government employees and teachers worried about retaliation, but all other rules apply to comments.

  • jeeperman April 25, 2013 at 12:19 pm

    Ashton gets a free pass over Fred because Ashton is prettier.
    You should know that by know.
    I am so embarrassed for you, sheez.

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