Robin Marley wasn’t in the audience when the Fernandina Beach City Commission voted on a settlement agreement.
She didn’t need to be at the specially called meeting. Nor did her lawyer, Tad Delegal of Jacksonville.
The vote was a mere formality, really. The whistleblower case Marley had sued the city over more than a year ago had come to a close.
The human resources director position is once again hers March 1, a year-and-a-half after being wrongfully terminated for raising claims about the “gross mismanagement” of the community’s fire department, one that had a culture of illegal retaliation.
She’ll walk back in the office knowing her case led to change in the local government.
A fire chief who Marley had raised concerns about requested reassignment to a lesser role.
The city manager at the heart of the issue stepped down.
Delegal said it’s not often one can file a lawsuit that brings to the forefront major concerns about government mismanagement. Not only did this case do that, it created substantial change.
“I think the city commission realized that after a lot of issues came to light,” he said.
Delegal said his firm takes probably 10 whistleblower cases a year, the vast majority of them originating from the private sector.
Such laws are in place to protect the public in general, he said, especially in cases when governments do things that can harm their interests.
In Marley’s case, it was public safety. When Marley brought the concerns to light, she was fired by the city manager who cited two reasons — her handing over public documents he thought should have remained private and Marley making disparaging remarks about the department’s management. However, witnesses disproved both claims.
“From Day 1 they knew she was not guilty of the responses,” said Delegal.
Instead, he said, it was retaliation.
The commission on Wednesday finalized the settlement agreement that has Marley coming back to work and receiving more than $100,000 in back pay and benefits. She also will get some of the $300,000 paid to Delegal’s firm for compensatory damages.
Another thing stands out to Delegal about the Marley case — the fact she’s going back to work in the same position in which the situation arose instead of just being paid out.
In his 25 years of practice, he said he can only recall it happening once or twice.
“It’s extremely rare in employment cases,” he said.
He calls it a testament to Marley’s commitment and courage.
Delegal declined to allow Marley to be interviewed about the case, but said she is “very excited about going back.”
“She feels like there is an opportunity with a change in administrations to go back and repair things,” he said.
The result might not set a precedent, Delegal said, but it does reaffirm Florida law and its protections for people who speak out against waste, fraud and abuse in government
Further, it showed how the legal system can address critical problems — something he said should be inherent in the profession.
“We lawyers are people who do try to change conditions for the better,” he said. ”That’s part of our role and should be our role.”
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