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| Venice on the web The Meyer letter Got a comment? Make it here. Related:
December 15, 2003 From the Law Office of Tommy Meyer To: George N. Hunt, City Manager Re: Troy Evans Dear Mr. Hunt: Please take notice that I have been retained by your employee, Troy Evans, as his attorney in the filing of this notice of complaint against the City of Venice ("City"). Please direct any and future communications regarding this matter to my attention. Mr. Evans is hereby filing this notice of complaint with the city pursuant to the Public Whistle-blower's Act. This notice of complaint is for the unlawful, adverse employment actions that you have taken against Mr. Evans in retaliation for his whistle-blowing activities in regards to the City's violations or suspected violations of federal and state law and regulations with the U.S. Environmental Protection Agency ("EPA"), including retaliation against Mr. Evans for providing information to the EPA in its investigation of the City's violations or suspected violations of federal law and regulations. In addition, this is notice of your unlawful retaliation in violation of Mr. Evans protected rights under 33 U.S.C 1367, and for violation of his rights to due process. The adverse employment actions that you have taken against Mr. Evans include the written reprimand threatening his discharge, the 10-day suspension without pay, and his upcoming "mandatory EAP counseling" for 5 sessions. These adverse employment actions are unlawful and in violation of Mr. Evans' rights under the Public Whistle-blower's Act, Fla. Stat. 112.3187 - 112.31895, the "Employee Protection" law, 33 U.S.C 1367, and his right to due process. Mr. Evans' whistle-blowing is a protected activity because he has disclosed information of violations or suspected violations of federal, state or local law, rule, or regulation committed by City officials or personnel which creates and presents a substantial and specific danger to the public's health, safety or welfare, and Mr. Evans has disclosed information of acts or suspected acts of mismanagement, malfeasance, misfeasance or gross neglect of duty committed by City officials or personnel. In order to satisfy his conditions precedent, Mr. Evans hereby files this notice of complaint pursuant to Florida Statute section 112.3187(8)(b), and respectfully requests that the City initiate an administrative procedure for handling this whistle-blower complaint. Such administrative procedure must provide for the complaint to be heard by a panel of impartial persions appointed by the City. Upon hearing the complaint, the panel must make findings of fact and conclusions of law for a final decision by the City. Please advise me at your earliest the procedures of this administrative hearing and how you wish to initiate and schedule this administrative hearing. Alternatively, if the City has not established an administrative procedure for handling a whistle-blower complaint, then Mr. Evans respectfully requests that the City advise his undersigned counsel of this fact so that Mr. Evans may bring a civil action against the City within 180 days. By bringing forth this notice of complaint, Mr. Evans is seeking the following mandatory relief: expungement of his written reprimand, suspension and mandatory EAP counseling; remuneration of his lost wages as a result of the 10-day suspension; a stay of the upcoming scheduled mandatory EAP counseling; payment of reasonable costs, including attorney's fees; issuance of an injunction to enjoin the above-described retaliatory actions by the City from occurring in the future. This is also notice that the undersigned requests an immediate temporary stay of the upcoming scheduled EAP counseling for Mr. Evans scheduled for Wednesday, December 17, 2003, and for Wednesday, December 31, 2003 (a copy of the memo to Mr. Evans scheduling this mandatory counseling is enclosed). In this regard, I would be very appreciative if you would contact me as soon as possible as to how you wish to address this issue of a temporary stay. It is my position that the parties stipulate to staying this mandatory counseling until this matter is resolved either through the City's administrative hearing procedure for handling a whistle-blower complaint or alternatively until the court rules on this issue. Please advise me as soon as possible if you are willing to stipulate this stay of Mr. Evans' counseling. If we are unable to agree to stay the counseling then I will have to seek an emergency injunction and writ of certiorari with the circuit court. Please also be advised that if we are unable to agree to a stay of the counseling before the first counseling session is scheduled, then I have advised my client, Mr. Evans, not to attend this session. If you have any questions or wish to discuss this matter further, please do not hesitate to contact me, or to have your legal representative call me. Thank you for your cooperation in this matter. Sincerely, TM/em cc: Robert C. Anderson, Esquire (via facsimile)
Interoffice Memorandum DATE: December 4, 2003 The mandatory counseling determined in the disciplinary action of August 24, 2003 has been scheduled with [psychologist] Dr. Chris Cortman as follows:
If further discussions are required, Dr. Cortman will advise both you and Administrative Services accordingly. Dr. Cortman's office is located at:
The sessions have been scheduled to take place during regular working hours and will be considered paid time. If you have any questions, please let me know. cc: Pat Wilson, Assistant Director of Utilities
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