5:31 p.m. Hearing to consider Grant Wood's appeal of the Escambia County Contractor Competency Board's decision.
Recommendation: That the Board uphold the Contractor Competency Board's decision of February 4, 2015, whereby it voted to maintain its decision of April 2, 2014, lifting the stay in the proceeding Escambia County Contractor Competency Board vs Grant Wood d/b/a Grantwood Contracting Company, Inc., Complaint No.: COM120800011, and proceed to a Show Cause Hearing. |
| The above referenced case is a contractor complaint filed with the Contractor Competency Board ("Board") against Grant Wood d/b/a Grantwood Contracting Company, Inc. on August 2, 2012. Mr. Wood, through his legal counsel at the time, petitioned the Board for a stay of proceeding pending the outcome of a related Circuit court matter that was granted on May 15, 2013. In January 2014, the Board received through written communication (email) from Complainant/Homeowner, Gene Valentino, requesting that this matter be brought back before the Board for further action. The Board deferred the matter pending a request from counsel of record for Complainants/Homeowners, Gene and Maureen Valentino.
The Board of County Commissioners approved the Contractor Competency Board Rules and Procedures on April 29, 2014, that included a policy that requires the Contractor Competency Board to hear valid cases, regardless of outside influences and to also aide the Board in ensuring that its meetings and disciplinary hearings are carried out in an orderly and consistent matter. At a regularly-scheduled, duly-advertised meeting, held on April 2, 2014, all counsel of record, along with Respondent, Grant Wood, were present. At that time counsel for the Complainants/Homeowners and counsel for Mr. Wood presented argument regarding why the stay should or should not be lifted. The Board voted to lift the stay on that date as reflected by the verbatim transcript of that hearing. Additionally, at the April 2, 2014, Meeting, there were six Board members present. Neither party raised an objection during that meeting regarding the Board's composition or appealed the Board's action to lift the stay. After the time for appeal passed, this matter was set for Show Cause Hearing in July 2014, at which time counsel for Mr. Wood raised objections to the lack of quorum at the April 2, 2014, meeting. Case law from the Supreme Court of Florida indicates that the issue or whether or not there was a quorum at the April meeting was waived by failure to object and lack of a timely appeal.
The Contractor Competency Board, at its meeting held July 28, 2014, with a full quorum present, took administrative action to ratify all of the action that was taken at the April 2, 2014, meeting, including the complete transcript of the April meeting and all other things that took place. No further action was taken regarding this matter on July 28, 2014.
Mr. Wood filed a Motion to Determine Stay that was before the Board on February 4, 2015, wherein he questioned the validity of lifting the stay - again based upon the lack of quorum issue from April 2, 2014. On February 4, 2015, the Board voted that their decision to lift the stay should stand and the matter should proceed to a Show Cause hearing. Respondent, Grant Wood, appealed to the Board of County Commissioners.
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