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Awarded
"Officer of the Year” for record-breaking past DUI arrests, the
plaintiff alleged in his complaint that on-duty officers who arrived on
scene September 14, 2017 were aware that Daley was intoxicated yet
failed to follow DUI protocol.
"Although rank and file officers on the scene suspected Daley of being impaired – based on the smell of alcohol on his breadth, the slur of his speech and his unsteady gate as he got out of the car— [Lieutenant] did not permit any DUI investigation to take place. Rather he [Lieutenant] sent Daley home in a cab,” counsel for plaintiff writes in a whistle blower complaint filed June this year.
In response, Coral Springs motioned in August to
dismiss the complaint, arguing that the plaintiff fails to meet statutory standards
or precedents to be considered a 'whistleblower.' Additionally, the City alleged said whistleblower filed the lawsuit in retaliation for being reprimanded. Admittedly, the
plaintiff told a fellow officer at the 'Daley' scene that he had "no
balls” to arrest a city commissioner.
Subsequent, plaintiff claims his workplace has become a "retaliatory hostile
environment, which continues into the present and resulted in such
tangible job detriments,” writes counsel.
Since filing his
action, plaintiff claims he was transferred to a lower-paying shift
and denied certain benefits. His annual review in January went from
"outstanding” last year to "satisfactory” this year, despite continued
success in taking drunk drivers off the road. One of a few on the force certified as a specialist in his field, the plaintiff was denied permission
to attend a free training course in advanced DUI
enforcement earlier this year.
Counsel for the plaintiff infers a coverup at the top, alleging the Coral Springs Police Chief endorsed officers’ use of "discretion” in not arresting Daley: even though the Chief told the plaintiff that "Daley had telephoned him to apologize for the incident -- which [the Chief] said he took as an admission that Daley had been impaired.”
Additionally, a Patrol Captain at the time - now Chief of Operations - spoke "behind closed doors" with individuals who had knowledge of the incident, "including about whether any of them had created any documentation of the incident,” writes counsel for the plaintiff.
Allegations shed light too on what oftentimes is a sensitive relationship between police unions and elected officials charged with approving labor contracts.
"Pending at the time before the City Commission, of which the vice mayor [Daley] is a voting member, was a proposal to increase property taxes to fund, among other things, the hiring of five additional officers."
The plaintiff wasn’t on duty when arriving at the 'Daley' incident that day in September 2017. He heard the call over the radio and responded to what he knew as a drunk driving incident and one that involved Daley, he was told by a fellow officer prior to arriving.
The City wants allegations dismissed, based largely on whether the court recognizes the plaintiff as a bona fide whistleblower.
Inasmuch, the plaintiff demands Jury Trial. He is suing the City of Coral Springs for endangering public health, safety and welfare, along with "gross mismanagement, malfeasance, misfeasance or gross neglect of duty committed by an employee or agent of and agency,” per Florida Statutes.
The police plaintiff seeks back wages and compensatory damages, along with attorney and litigation fees.
Also, "to cease any further harassment of him,” writes counsel.
The case is ongoing. View Whistle Blower Complaint