Judge dismisses former county admin candidate lawsuit

In the lawsuit, Derrick Elias accused Commissioner Brenda Holt of making racial slurs

A federal judge recently dismissed a lawsuit filed against the county by a former county administrator candidate.

Derrick Elias sued the Gadsden Board of County Commissioners in the United States District Court for damages in excess of $75,000, alleging that the county violated his constitutional rights after he was hired by the board, but never awarded a contract.

Elias also sued Commissioner Brenda Holt in her official capacity as county commission chair - alleging that Holt used racial slurs while demanding that he fire department heads.

Elias said Holt wanted him to fire the then Public Works Director Lisa Robinson, former-Building Official Al Smyth, Human Resources Director Lonyell Butler, the planning and community director, and the finance director.

Elias said Holt didn’t call the latter two by name.

The board originally voted 4-1 to appoint Elias as the county administrator; Commissioner Brenda Holt was the lone dissenting vote.

The board and Elias did not come to an agreement on salary or other terms of a contract.

Two months after voting to appoint Elias, the board voted to end talks with Elias and appoint current Counter Administrator Ed Dixon.

The vote was again 4-1, that time with Commissioner Eric Hinson voting no.

In February an attorney representing the county filed a request for a summary judgment.

On Friday April 8 United States District judge Robert L. Hinkle granted the county’s request.

The summary judgment states under Florida statutes a county administrator may be removed at any time by an affirmative vote, upon notice, of not less than three members of the board, after a hearing if such be requested by the county administrator.

The document also references a Gadsden County ordinance that says the “county administrator shall serve at the will and pleasure of the board of county commissioners.”

“Like the statute, the ordinance places no limits on the substantive grounds for removal,” the summary judgment states. “The county administrator is thus an at-will employee who can be removed for any reason, subject only to procedural requirement of notice and an opportunity to be heard.”

Elias also said his First Amendment right was violated, on the ground that his removal resulted from his statement to Holt that he would not make personnel decisions she demanded.

“There is no evidence this statement motivated removal or even that the other commissioners knew about it,” the judgment says. “And in any event, the statement was not protected by the First Amendment.”

The judge cited a case law Garcetti v. Ceballos, which states when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the constitution does not protect what they say from employer discipline.

United States District judge Robert L. Hinkle ruled that Elias recovered nothing on his claims against the board and Holt.

Elias said he respects the court’s decision, but does not agree with it.

“Just because the court granted summary judgment is not an indicator that what I said occurred did not occur,” Elias said in an interview with The Gadsden County News Corp . “I still stand by everything I put forth.”

Elias said the court did not say whether Holt was guilty or innocent.

The judge just decided whether his rights were violated.

“Since the courts didn’t answer those questions, it’s left in the court of public opinion,” Elias said. “At the end of the day I just ask people to ask themselves, do you believe Brenda Holt or do you believe me?”

Holt, who denied all claims, said she will be releasing an official statement through an attorney.

She said the conversation never took place and said she never rode with Elias in her truck.

“Something that people don’t know is my grandfather was white, so why would I say something like that?” Holt said in an interview with the Gadsden County News Corp .

Elias has maintained from the beginning that he and Holt met at the county offices parking lot, and she asked him to ride with her in her truck to her property in Mount Pleasant in October 2020.

“They escaped this time by the skin of their teeth, and if this commission is not checked it’s going to occur again,” Elias said.

Elias said when he met with Holt she expressed her displeasure that he was appointed county administrator, and Elias says Holt asked him to hire her friend Edward Dixon as assistant administrator.

“She said, ‘We’ve got to have Ed,’ and Ed is up there,” Elias added.

Elias also pointed out that four of the five department heads that he said Holt wanted him to fire no longer work for the county.

“Either I’m prophetic, or she actually told me that,” Elias said.

During the January 4 meeting, the board hired Justin Stiell as the county’s new planning and growth development director and Roosevelt Morris as the new building official.

Since Elias’ lawsuit was filed, the county has also advertised the finance director position and the public works director position.

Smythe, the former building official, is currently suing the county alleging that he was fired after reporting “misconduct” of County Administrator Dixon and that he was discriminated against because of his race.

Elias said the county needs to be aware of any leaders that have the kind of ethics that were displaying during the hiring of the county administrator.

Erin Hill - erin@gadsdencountytimes.com

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Judge dismisses former county admin candidate lawsuit

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Gretna welcomes new fire chief

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