News on the Lake Worth Whistleblower's Lawsuit

On January 18, the lawsuit was amended to include a First Amendment issue. On January 19, Dave Mulvay and Debbie Jackson both were served with subpoenas for their depositions.

COUNT IV
VIOLATION OF 42 U.S.C. §1983

BY PLAINTIFF REYES

• Plaintiff realleges and references each and every allegation contained in the receding paragraphs, and incorporates the same as if set forth fully herein.

• Plaintiff's speech, namely his statements to the commissioners was of public concern regarding the potential harm to the City's energy system.

• Plaintiff's interest in speaking out to thep1edia outweighed the City's interest in efficient public service, as the subject of his speech was health, safety and welfare of the public.

• Defendant discriminated against Plaintiff and deprived Plaintiff of rights, privileges, and immunities secured by the Constitution and laws by its actions, including terminating Plaintiff and causing harm to his good name.

• As a direct result of Plaintiff's speech, Defendant retaliated against him in violation of the fundamental protections of his basic constitutional rights.

• Defendant City's discriminatory and retaliatory actions against Plaintiff chilled the exercise of his constitutionally protected speech.
  

Court Case

What happened to the Man Everyone Liked?

Go to Lake Worth Media and read Pursuit of Justice, Part 1. You will get an eye-full, an ear-full and the scoop on the Whistleblower Law suit.

City of Lake Worth Legal Matters

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And boy do we have a bunch!

With $4 million left in the City's Legal Defense Fund, dragging butt is the name of the game.

On Monday, there will be a workshop beginning at 9am. One of the matters that will be discussed is Litigation and Claims involving the City. There is a total of 152 cases...no wonder Elaine Humphreys is "walking" a little slower. It's enough to fry the brain.

The List consists of:

• 12 Foreclosures by City Liens (one of these liens regarding Figueroa was settled last year as the City made a BIG mistake--kept fining him when the matter had been corrected. I was at that Magistrate hearing. Mr. Timm is always bellowing about why we forgive these fines. Sometimes the City just screws up. Now who would believe that?)
  

• 79 Foreclosures by mortgage holders

• 8 Bankruptcies

• 5 Personnel cases

• 26 Other Litigated matters (the Utility employees Whistleblower case is listed here...the City is dragging its feet)
  

• 18 Other claims

• 4 Appeals

On the List, is Greater Bay and its suit against the City for Breach of Contract and Claim for Specific Performance. Apparently it is only in the Discovery stage. Sure hope that they discover a lot of stuff on Willard. To date, we have spent $224,523.94 to Brian Joslyn. Willard just won't go away even though it was Greater Bay that failed to perform.

Tom Ramiccio, rumored to be running for Mayor this November, is on the List. Dee McNamara filed nearly 2 years ago without any reply from the City.

Nancy Shepherd who wants to "steal" the right of way next to her house is there too.

We can't forget Christine Taylor, Ms. Legal Suit. She is the one who comes to city commission meetings madder than hell in her motorized chair. She has several actions pending. She blows off steam at the meetings and immediately feels better.

Another interesting one is the Reyes, Jordan and Drenski whistleblower case. It's still going on with only $254.88 in outside counsel fess paid to date. Really? It too is in Discovery with the City dragging its butt.

And we can't forget how the City has dragged out the DOAH hearing (aka LaSonna Hayes who just hates height restrictions) on Sunset. It's there too along with Sunset Drive Holdings with its Bert J. Harris claim.

The Whistleblowers- -Andres, Howard and Larry

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I was just thinking about Andres Reyes, former Director of Engineering at LW Utilities being the bravest guy in the world right along with Howard Jordan and Larry Drenski. Crazy-dudes all three of them—crazy-brave and much admired!

This security breach that was covered up was first noticed nearly one year ago when one of these men noticed that a test RTU set-up in the office was connected to the SCADA system. It was disconnected as it was not configured for the system at that time. Not only did this happen once but twice. Who was in there messing with the SCADA system? No one fessed up. That is when it was reported and that is when all hell broke lose and subsequent loss of jobs and livelihood and a law suit that continues today. They even had Mayor Clemens, on more than one occasion, in a public meeting saying that they were "liars."

Larry Drenski joined the Reyes/Jordan complaint later to the objection of the City. However, the Judge ruled that he could be a part of the suit. CLICK HERE to read the Docket Report.

We all know that when you are a whistle-blower, the risks are all weighted like the bottom end of a see saw. All three of these men had no self-doubt, however, when they blew the whistle. Committing economic suicide for principle is not an every day occurrence. To put your life on-hold for what you consider "right" is to be admired.

Now I hear that Tom Rutherford has been terminated. I was told by a source that Becky Mattey told him a a week ago that it was her intent to fire him. Some at the Utility say there are more firings to come--that she is on the war path.

If politicians had half the guts of Andres, Howard and Larry, our country would be in better shape. You have to be principally driven, not personally driven. By standing up for what is "right" and taking the high ground, everyone else is coming at you from a lower place.

Some Lake Worth Highlights for 2009

A YEAR IN REVIEW

Rejected red-light image recording. Vote 4/1 with Clemens dissenting

Suspended activity with the County Water Contract. Vote 5/0

Commission authorized payment of the Motorola contract for police radios of $427,933.26 as the Sheriff had no use for them. Decide to sell them for pennies on the dollar.

Spent $2,085,985 on tube replacement to the S3 boiler. Vote 5/0

Charles Celi loses his appeal on the Gulfstream Hotel. 4/1 vote with Mulvehill dissenting

Kimley Horn selected for site plan development at our beach. Jennings brings Michael Singer Artist into the equation on Varela suggestion. Vote to eliminate 164 upper dune parking spaces and decal parking is limited to 55 spaces on northern end and spend $5 million on re-designing parking lots.

Interim Building Inspector who had re-flagged the Casino, gone. Forensic engineer hired who says building is structurally sound. Eventually the Commission votes to restore the Casino.

Public commentary changed to 2 minutes on each item. 3/2 with Clemens and Lowe dissenting

In March, prohibited the issuance of revocable permits on any real property owned or maintained by the City or has access to public waterways. Called for a Public Hearing. Vote 5/0

Larry Karns, City Attorney, terminated. 3/2 with Clemens and Lowe dissenting

Commission votes to exempt the CRA of County MSTU tax increments and approves an interlocal agreement with the County for Fire Rescue. 5/0

In March, Mock Roos says that we can build RO plant for 25% less

On April 7, Commission votes 4/1 to hire Susan Stanton as new city manager. Lowe says No. Stanton proceeds to fire many top employees.

Voted to spend $50,000 on an electrical arc study and Rebecca Mattey admits that our own staff engineer could have done it. Vote 5/0 to spend the money anyway.

Lake Worth Pier opens on May 9

Chicken Ordinance fails

Ordinance on Sunset to keep zoning at SF7. Vote 5/0

Commission votes to go downtown with a noise decibel meter. Residents nearby have complained about noise and how it affects their sleep.

Vote not to pay the County $5.9 million under the Water Contract. 4/1 with Clemens dissenting. Mary Lindsey sides with Clemens…something to do with breaking contracts even though they might be hideous for Lake Worth and the taste of West Palm Beach water that we only buy when needed.

Community Relations Board formed on 2^nd Reading in June. Vote 5/0

Celi’s appeal and Motion to deny the extension of the Gulfstream Hotel. 3/2 vote with Clemens and Lowe dissenting. Motion failed because it needed a supermajority vote.

Commission wastes $300,000 by spending $565,000 by bypassing insurance company requirements on transformer. NO valid reason for doing this. Vote 5/0

Take-over of CRA on July 23, fails on a 2/3 with Clemens, Lowe and Mulvehill dissenting. Mary Lindsey says that the qualifications for the CRA Board are more demanding than for City Commissioner.

City Hall ups the fees for public information. Vote 4/1 with Jennings dissenting

Rates go up for just about everything: water, electric, recreation

2^nd Reading on Sunset repealing Ordinance on a large scale amendment. Vote 5/0

Approves contract with Reynolds to construct a 9.0 MGD RO plant. Vote 5/0

Heights limited to 35 feet for new construction. 3/2 with Clemens and Lowe dissenting.

Adopted the Comprehensive Plan with amendments. 3/2 with Clemens and Lowe dissenting.

Rene Varela, partner in a company that is involved in Dolphin trafficking, voted in as Mayor. Deceptive flier mailed around city by Mary Lindsey indicating it is from the LW Utility Dept. Deceptive robo call made by Firefighter’s Union using Lake Worth city phone number in support of Varela. City makes NO comment.

Scott Maxwell voted in as Commissioner District 1. Jo-Ann Golden voted back in as Commissioner District 3.

Former Fire Chief Blockson says he is screwed out of accumulated sick pay benefits because the firefighter's went to the County. Stanton's position is you only get it if you retire. Chief speaks on the issue at public meetings and City Commission is silent.

City Manager hires Annabeth Karson for Census. Gives it back to the Commission to decide. Stanton says not aware of political ramifications. "Political witchhunt" from handful of residents against Annabeth Karson who is subsequently fired from her Census job. Commission goes out on RFP.

Commission approves Publix going into our downtown. CRA gives Publix, a multi-billion dollar corporation, $500,000 for infrastructure.

Compass, that occupies a city building for $83.00 a month, asks for money from the City because it spent more than anticipated to occupy the building and is about to go belly-up. City authorizes $250,000 to Compass.

Tom Ramiccio gets fired as CEO of the Lake Worth Chamber of Commerce.

Then we have the new lawsuits:

Former fired Utility employees sue the City for Whistleblower termination. Former Mayor Clemens calls employees "liars" in public meeting.

Greater Bay sues the City for kicking them out of town for non-performance.

Sunset parcel owners notify the City that they want the up-zoning promised to them by former Commission.

Shepherds sue the City because they want the right-of-way next to their property that leads to the Intracoastal to be theirs for $10.

Election time in Lake Worth

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The "Kanyes" of the world, a name I have been using of late, is a metaphor that describes all those who lie to achieve an end and are what is wrong with it...what's wrong with Lake Worth. At election time we see more of them come out of the woodwork. If someone knocks on your door for a candidate or if it is the candidate himself, ask the hard questions. Ask them what they will do for you.

Former Commissioner Nadine Burns says we are either not on our meds or that we are paranoid or just plain "lunatics." She used these adjectives regarding those of us who spoke out on the security breach at the Utility. These are typical words by the opposition and ALWAYS what the opposing side says that has had its way with Lake Worth for far too long. They are ticked off that they are out of power. They make personal attacks with NO solutions. These are people who made bad decisions from the dais along with their friends and continue doing so to promote their political agendas.

I remember when some of these people were telling us that we had to demolish the Casino building...Look out for a law suit when the building comes falling down, they would say that the rest of us were "crazy." We always knew they were full of it.

In just a week's time we will have the opportunity to elect some smart and thoughtful people. Remember when you go to the polls, it is not the candidate who says what you want to hear but it is the candidate who has a performance record--one who has spoken, written or even voted on the most pressing needs of our city to ensure its health--people who have exposed waste and corruption...people who stick their necks out every day... and people who really care about you and the City of Lake Worth.

Truth does matter and it should go hand in hand with common sense. By now you all should know the ones who deserve your support--not the ones spouting hot air.

The major Forum of the election season is on October 25th at the Lake Worth Playhouse. Come on down at 7pm and give all these candidates your enthusiasm and support but vote for those who really can make a difference.

Former Utility Employees file suit

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Mayor once again opens mouth and inserts foot.

"The whole thing was a hoax perpetuated by Bill Coakley as far as I'm concerned," Clemens said.

Coakley was the chairman of the city's former Electric Utility Task Force and is a candidate for mayor. He said Clemens' comments show "how out of the loop he is" about power plant security problems.

Read more about it HERE

Whistleblower awarded $1M in Lake Worth DCF case

Fired in retaliation for testimony, jury says, "Dirty Pool."

Whistleblower awarded $1m

Do NOT mess with Whistleblowers

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As we continue to ponder our very own employee/employer relations right here in Lake Worth with Whistleblowers and their final termination for airing their grievances, Phizer, Inc. was involved in a huge scandal involving healthcare fraud and shhhhhh--dreaded whistleblowers. No parody warranted here but this case is not just beginning as is the Utility Whistleblower case in Lake Worth; it is over. All the facts are in--Whistleblowers win a heck of a lot of money.

"As part of the settlement, Pfizer also has agreed to enter into an expansive corporate integrity agreement with the Office of Inspector General of the Department of Health and Human Services. That agreement provides for procedures and reviews to be put in place to avoid and promptly detect conduct similar to that which gave rise to this matter,” the Justice Department said.

Six whistleblowers will receive payments totaling more than $102 million from the federal share of the civil recovery, the government also said."

Read the New York Times article. Don't call Tom. He will give you some sort of explanation or definition that does not apply.

Susan Stanton says firings justified

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City in fast forward position to do "hatchet" job on two fired employees.

Lake Worth Leaders defend firing of whistleblowers. READ THE ARTICLE and view the video.

City Manager, Susan Stanton, equates it to someone yelling "fire" in an auditorium just to see what happens.

Larry Drenski, former Superintendent of Energy, now fired for defending whistleblowers. See LETTER posted at Lake Worth Media.

The Price of Honesty -- is it too costly?

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I don't know what will happen to Howard Jordan or Andres Reyes. There is always a psychological contract with employees. Most of them have strong opinions. When you get employees who have a lot of expertise in their fields and they come forward with something they consider valid enough to complain about and then they are treated with contempt or disdain and now termination, then management has violated that unwritten contract with them.

When I was working and had a problem, there was no one to complain to. Even in one of my first positions when an incident came up, I put it in writing and gave it to the boss. It was then on his conscience to deal with it in the manner he felt best. You instinctively know the art of survival and don't cause waves. It was either think it through, put up with it or find another job. My bosses through the years never presumed to know more than I did about my job. Perhaps I was lucky. This sort of decision should no longer be in the workplace--shut up or leave. Employees need to feel empowered; they need to feel relevant and not made to feel like another Joe Schmo, particularly when it comes to what they are convinced to be a Homeland Security issue. What could be worse?

I am rather sure that neither one of these employees would have come forward if their supervisors had given them the attention and applied urgency to their concerns that they believed necessary. Perhaps it was given but they were not aware; they got no satisfaction. They, without a doubt, were offended that what they considered a breach of security was treated so lightly and that they were dismissed as meddlers and thorns in the side of management. They have been trained to be aware of unusual happenings and unauthorized access to computers. They knew it could be extremely serious. What they didn't know was all the trouble they would be in for reporting it.

Employees need to know that what they say to management will be acted upon, investigated and a result or solution found. They should never have a fear of being fired or have a fear of being belittled. Not being privy to what happened, sitting down and discussing it would have done wonders. Instead it was left to fester until it got out of hand.

Susan Stanton is now considering an Employee Review Board and this is a positive step to retain highly qualified, professional staff. We all need to be treated fairly and held in high regard by our employer. When we are not, it is human nature to say or do something stupid. No one should end up paying the ultimate price for being honest.

So, to the bully kid in the sandbox, that's my spin on the situation. I have no idea if access to our computers on two occasions was dangerous or not. The real problem is that employees were not taken seriously who thought it might be and who had the good sense to report it. The Mayor would not agree with me, but there should be a better process for employees to report incidents without reprimand and I would like to feel certain that all our employees are treated with respect, whether management feels it deserved or not. That is why they are supervisors to begin with...to deal with these matters in a professional and respectful way.

Our City Manager knows first-hand what it feels like.