Whistleblower Lawsuit by Former Polk County Medical Director Allowed

April 19--BARTOW -- A lawsuit brought against Polk County and its top staff by the county's former medical director will move forward after a federal judge denied motions that it should be dismissed.

U.S. District Judge Virginia Hernandez Covington wrote that Dr. Nancy King sufficiently argued her claims of first amendment violation and a whistleblower violation. King claims she was fired for reporting violations in the hiring of a firefighter she asserted was unqualified to work because of his fitness.

She filed a lawsuit in federal court in Tampa in September.

In addition to the Board of County Commissioners, the lawsuit names County Manager Jim Freeman; Kandis Baker-Buford, the county's director of human resources and equity; and Lea Ann Thomas, assistant county manager, as defendants.

Covington wrote that King can pursue punitive damages against the individual defendants named in the lawsuit.

"Regardless, King's allegations that the County chose to put her contract out to bid and then refused to renew her contract despite the selection committee's vote for King create the plausible inference that the County acted with callous and willful disregard for King's constitutional rights," Covington wrote in a 42-page decision on the county's request to dismiss King's motions.

The county had requested that the judge dismiss King's motions.

Jonathan Trohn, a lawyer for the county, said the decision by the judge wasn't unusual this early in the case.

"The judge has just said that you can plead the case and we will look at it," Trohn said.

"You can allege anything," Trohn said of the lawsuit.

In the coming months, both sides will begin deposition testimony of key players in the case.

King's lawyer, Marie Mattox of Tallahassee, declined comment.

According to the lawsuit:

In 2013, there was a push by the county to hire black employees into certain positions. On Dec. 26, 2013, King's physician assistant determined that a black firefighter described as Mr. J in the lawsuit was medically disqualified to be a firefighter.

Nearly a year later, King learned that despite being unqualified, Mr. J had been in the firefighter training program and on the county's payroll since his medical examination. King was asked to review Mr. J's medical records and make a "fitness-for-duty determination."

The strain between King and county officials increased over months.

On Sept. 11, 2015, King met with Freeman to tell him about the situation and why Mr. J was unable to work as a firefighter. Freeman told King that the county "needed her help on this," but that he didn't expect her to compromise herself.

Days later, King was told by Michael Kushner, the county's director of risk management, that her contract with the county was going to be put out for bid through a request-for-proposal process for the first time in more than 15 years.

Pursuant to the RFP, on Dec. 16, 2015, King and the University of South Florida submitted proposals.

In addition to complaints about the county's interference in job duties, Covington wrote that King told Freeman about her concerns that the "county would be exposed to liability for reverse discrimination lawsuits because of its hiring of Mr. J and that Mr. J had falsified his medical records."

Covington disagreed with the county's lawyer, who argued that when King mentioned potential reverse discrimination lawsuits, she "was simply expressing what she believed to be a potential consequence of not letting King do her job."

Instead, Covington wrote, King "plausibly alleges that she was concerned that the County was violating employment discrimination laws, and that taxpayer money could be lost in a lawsuit brought in part because the County hired Mr. J despite his medical unfitness."

-- John Chambliss can be reached at john.chambliss@theledger.com or 863-802-7588.

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