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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA

Case No. 2004-CA-7393-SC
[Filed July 27, 2004]

WARREN PETITT,
and TROY EVANS,
Plaintiffs,

vs.

CITY OF VENICE, FLORIDA,
Defendant.

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiffs, by and through undersigned counsel, hereby sue defendant, City of Venice, Florida, and state the following:

1. This is an action against the defendant for its unlawful, retaliatory employment actions taken against the plaintiffs in violation of their rights under the Florida Public Whistleblower's Act, Fla. Stat. 112.3187-112.31895.

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

3. Plaintiffs are residents of Sarasota County and employees of defendant.

4. The defendant is a governmental entity authorized and existing under the laws of the State of Florida.

5. Prior to filing this civil action, all conditions precedent have been performed.

6. Since approximately the summer of 2003, defendant has engaged in an unlawful policy of retribution and retaliation against the plaintiffs because the plaintiffs had provided information and blown the whistle regarding issues of public concern as to defendant's suspected violations of state law with the defendant's wastewater treatment facility and the defendant's Pollution Control Division to the Florida Department of Environmental Protection's investigation into violations by the defendant's Pollution Control Division, or to the investigation of management's hostile work environment in the defendant's Pollution Control Division in suspected violation of state law.

7. The plaintiffs' whistle-blowing is a protected activity because they have disclosed information of violations or suspected violations of state or local law, rule, or regulation committed by defendant, its officials or personnel which creates and presents a substantial and specific danger to the public's health, safety or welfare, and they have disclosed information of acts or suspected acts of mismanagement, malfeasance, misfeasance or gross neglect of duty committed by defendant, its officials or personnel.

8. In retaliation of plaintiffs' whistle-blowing the defendant engaged in the following unlawful adverse employment actions against the plaintiffs: written reprimands, disciplinary actions, denial of salary raises, denial of promotions, false accusations of wrong-doing, unlawful disciplinary hearings, unlawful quid pro quo deal-making, unlawful tampering of whistle-blowers, unlawful promises of career enhancement in exchange for information, unlawful threats of termination, suspension, mandatory EAP counseling, demotion and job elimination.

9. The above-stated unlawful and retaliatory employment actions taken by the defendant against the plaintiffs have injured and deprived plaintiffs of career advancement, increased wages, and other benefits, terms and conditions of employment.

10. The above-stated actions by the defendant against the plaintiffs are in violation of the plaintiffs' rights under the Florida Whistle-Blower's Act, Fla. Stat. 112.3187-112.31895, and the defendant is liable thereto.

11. As a direct and proximate result of the above-stated actions by the defendant the plaintiffs were injured and continue to be injured in that they suffered and continue to suffer personal indignity, dishonor, humiliation, damage to their professional and personal reputations, mental anguish and distress, loss of employment advancement, lost wages, lost benefits and privileges of employment.

12. Wherefore, plaintiffs demand judgment against defendant and request the following: a declaratory judgment that the defendant's retaliatory employment actions taken against them were unlawful; injunctive relief directing the defendant to provide restitution that is representative of all employment advancement, rights, privileges, benefits, income, and lost wages that would have been received by the plaintiffs but for defendant's unlawful and retaliatory practices; injunctive relief clearing their names, reputations and employment records, and directing the defendant to remove all false and stigmatizing statements, and false disciplinary actions, from their files; an injunction prohibiting and restraining the defendant from committing the above-described retaliatory practices against the plaintiffs with respect to their employment; an award of compensatory damages for deprivation of their rights, personal indignity, dishonor, humiliation, damage to their professional and personal reputations, mental anguish and distress; an award of lost wages and other lost employment benefits; an award of prejudgment interest; an award of attorneys fees and costs; and such additional or alternative relief as the court may deem just and proper.

JURY DEMAND

Plaintiffs hereby request a jury trial on all issues triable by jury.

Respectfully Submitted,
by Tommy Meyer
Florida Bar Number 102865
Law Office of Tommy Meyer
1275 Second Street
Sarasota, Florida 34236
Attorney for Plaintiffs