Former H R Director files whistleblower lawsuit

Submitted by Susan Hardee Steger

November 19, 2014 11:44 a.m.

Robin Marley

On November 18, 2014, Thomas A. "Tad" Delegal attorney for Robin Marley, former human resource director for the City filed a "Complaint and Demand for Jury Trail" against the City of Fernandina Beach. According to the filing, Marley alleges the City violated the whistle-blower's Act when retaliation occurred after she voiced concerns over "gross mismanagement, misfeasance, and/or malfeasance to an appropriate government official."

A copy of the body of the  complaint referred to in the complaint as "Factual Allegations" appear below:

Nature of the Action

1.  This is a "whistle-blower" action by Plaintiff Marley against the City of Fernandina Beach, Florida.  Marley sues pursuant to the Florida "Whistle-blower's Act of 1986.

Jurisdiction and Venue

2. This is an action for damages in excess of $15,000.

3.  At all times relevant to this complaint, Marley served as an employee for the City and lived in Nassau County, Florida.

4. Defendant City is a Florida municipal corporation located in the State of Florida.

5. The actions alleged in this complaint took place within Nassau County, Florida.

6. Venue is therefore proper in this Court.

Factual Allegations

7.  Marley, at all times material, was employed as the Human Resources Director for the City of Fernandina Beach.

8.  In 2012,  the Defendant's City Manager, Joe Gerrity ("Gerrity"), appointed Higginbotham ("Higginbotham") as Fire Chief.  Plaintiff soon realized that Higginbotham lacked  both the leadership skills and the fire officer training necessary to competently executive the requirements of his job as Fire Chief.

9.  Plaintiff's job required her to work closely with the City's Fire Department which has allowed her the opportunity to observe the performance and behavior of the Fire Department's leadership including Higginbotham.

10.  Since Higginbotham's appointment, Plaintiff repeatedly advised Gerrity of her concerns regarding acts of gross mismanagement and misfeasance on the part of the City of Fernandina Beach's Fire Department.

11. On or about September 22, 2014, Peter Bergel ("Bergel") was hired by Defendant as Deputy Fire Chief.

12.  Bergel was brought to the City to address the considerable problems that the City was experiencing with the leadership of the Fire Department.

13. As part of her job as Human Resources Director, and in order to assist the new Deputy Fire Chief in his duties, Plaintiff spoke to Bergel about some of the personnel issues that the Fire Department experienced.

14. On or about October 13, 2014, Gerrity told Plaintiff to turn over all notes in her office, informing her that she was being placed on "indefinite" administrative leave, pending an investigation that City Attorney, Tammi Bach, and Deputy City Manager, Marshall McCrary ("McCrary") would conduct.

15. Following the suspension, Plaintiff wrote to Gerrity reiterating her concerns of gross mismanagement and her concerns that the city's attorney had suggested to Marley that she engaged in actions that would violate the Florida Public Records Act.

16.  On October 21, 2014, Plaintiff received a phone call from McCrary stating that the City Manager intended to terminate Plaintiff's employment.

17.  Plaintiff received a letter from the City Manager, dated October 30, 2014, terminated her employment.

VIOLATIONS OF THE FLORIDA WHISTEBLOWERS ACT

18. Pursuant to Florida's Whistle-blower's Act 112.3187, Fla. Stat. (the "Act"), an agency shall not take any adverse action that affects the rights of interests of a person in retaliation for that person's disclosure of protected information.

19. Protected information disclosed under the Act includes any act of suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty committed by an employee or agent of an agency or independent contractor.

20. "Gross mismanagement" is defined by the Act as a continuous pattern of managerial abuses, wrongful or arbitrary and capricious actions, or fraudulent or criminal conduct which may have a substantial adverse economic impact.

21. Plaintiff's disclosures to the City Manager, which reflected the nature and extent of the mismanagement, malfeasance, and or misfeasance of the City's Fire Department.

22.  The City Manager was an appropriate local official as described in 112.3187(6), Fla. Stat., and Plaintiff's disclosures to the City Manager were therefore a protected disclosure under the Act.

23. In terminated Plaintiff, the City violated th Whistle-blower's Act 112.3187 Fla. State, by retaliating against Plaintiff for reporting and/or disclosing an act of suspected act of gross mismanagement, malfeasance, and or misfeasance to an appropriate government official.

WHEREFORE, Plaintiff prays that this Court will issue a declaratory judgement that the City's practices against Plaintiff's violate Plaintiff's rights under the Florida Whistle-blower's Act, enter a judgement for Plaintiff and agsinst the City of Fernandina Beach for compensatory damages; enter a judgement for Plaintiff and against the City of Fernandina Beach for back wages and benefits; enter a judgment for Plaintiff and against the City of Fernandina Beach forf exemplary damages; grant Plaintiff such other and further relief as the circumstances and law require and/or provide, including but not limited to back wages, and benefits, seniority and prospective relief, including front pay, and pre-judgment and post-judgment interest; and grant Plaintiff her costs and reasonable attorneys' fees pursuant to 112.3187(8)(d), Florida Statues.

DEMAND FOR JURY TRAIL

Plaintiff hereby demands a trail by jury on all issues so trialble in this action.