County hit with whistleblower lawsuit

building official says he was fired after reporting “misconduct” of county administrator and was discriminated against because of his race.

A former building official says he was fired because of his race and is suing the county.

In a lawsuit filed earlier this month, former Building Official Albert Smythe alleges that he was fired out of retaliation, and the county violated Florida’s Whistleblower Act.

According to a complaint filed in the Second Judicial Circuit Court, the following occurred: Smythe began his employment with Gadsden County in April 2019 as the building official and was terminated on September 10, 2021.

Smythe, who is white, said he was subjected to disparate treatment, different terms and conditions of employment, and was held to a different standard because of his race.

He also said because he reported the county’s unlawful employment activities, he was subjected to retaliation.

Smythe’s lawsuit mentions a lawsuit filed by Derrick Elias in April 2021.

Elias, who the board voted to hire as county administrator in 2020, filed a lawsuit in Florida Northern District Federal Court alleging that he was ordered by members of the commission to fire white department heads.

Smythe said he learned during the county’s contract negotiations and meetings regarding Elias’ appointment that Commissioner Brenda Holt expressed displeasure that Edward Dixon was not appointed to the county administrator position.

Holt was the only vote against Elias’ appointment.

On October 13, 2020, Holt met with Elias to convince him to hire Dixon as the assistant county administrator.

Holt also presented Elias with a list of employees to terminate, according to Elias’ complaint Holt said, “we need to take this county back” and that “these crackers have to go.”

On November 19, 2020, during a commission meeting, the board voted to remove Elias from consideration for the county administrator position.

In turn, the board appointed Dixon to be county administrator, even though he never applied for the position.

While administrator, Dixon sent a memo to Smythe on August 5, 2021, instructing Smythe to provide a policy recommendation to facilitate a reimbursement for a permit.

Smythe was out on medical leave and did not respond until August 23.

In response to Dixon’s email, Smythe explained his role as a building official and the limitations he had regarding policy changes and permit refunds due to the restrictions placed upon him under Chapter 468, Florida Statutes and Chapter 18 of the Gadsden County Ordinances.

Smythe explained in writing that what Dixon was asking him to do would place his license and the license of the Building Department team at risk.

Smythe then recommended that Dixon and the board follow the procedures outlined by the Florida Building Code and the local ordinances passed by the Gadsden County Commission regarding building codes and permit refunds.

He advised the county to issue the refund from the county’s general fund.

Seven days later, on August 31, Smythe received a letter from Dixon asserting Smythe violated Gadsden County employee rules.

The letter states that Smythe was insubordinate for failing to complete the directive provided to him by Dixon on August 5. 2021.

Subsequently, Smythe was placed on administrative leave, after which he contacted both the county’s human resources department and the county attorney, and expressed to both that he was being targeted by Dixon.

According to Smythe’s complaint, representatives from the human resources department agreed with Smythe and explained that he did not violate the policies as alleged in the predetermination letter.

The county attorney also explained that Smythe had not violated the county’s policy when Smythe replied to Dixon’s memo.

“Despite the findings of the human resources department and the [county] attorney that [Smythe] was not wrong, [Smythe] was one of the employees targeted by Dixon and was wrongfully terminated on the basis of his race and because he engaged in protected whistleblower activity in August 2021,” the complaint states.

The document also says:“Plaintiff’s termination was the result of his reporting violations of rules, regulations or laws, and/or his reporting malfeasance, misfeasance or gross misconduct, and/or his participating in investigations, hearing or other inquiries, specified in part above.”

The document notes that Smythe intends to amend his lawsuit to include additional claims, including a claim for race discrimination.

Gadsden is not the first county Smythe has sued alleging a violation of the Whistleblower’s Act.

Smythe previously served as a building inspector in Wakulla County before being fired from there in 2018.

He claimed that he was terminated then because he had uncovered and reported shoddy work by a Wakulla County commissioner who was also an engineer.

Smythe alleged that the commissioner used his influence to apply pressure and get him fired.

That case is still ongoing.

A trial jury trial is set for September of this year.

Erin Hill - erin@gadsdencountytimes.com

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County hit with whistleblower lawsuit

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Zoe Bergman crowned the queen of Miss Munroe court

Gadsden County Times Legals – 3/31

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