Just hours after the Flagler Board of County Commissioners settled a lawsuit with former human resources manager Samantha Whitfield, the former county employee filed another suit against the county, as well as Deputy County Attorney Sean Moylan.
In a complaint filed in the evening of June 2, Whitfield is suing the county for “public whistleblower retaliation” and Moylan for “defamation,” stemming from the BOCC’s June 1 discussion regarding a 2024 lawsuit Whitfield filed against the county.
The new complaint also claims First Amendment retaliation from both the county and Moylan “in his individual capacity.”
“At the public meeting where the county’s governing body approved settlement of that lawsuit, the county’s deputy county attorney publicly condemned (Whitfield) and her lawsuit as ‘frivolous,’ ‘bogus,’ and ‘balderdash,’ and declared that ‘every allegation’ was false, and the board received and proceeded upon those statements,” the complaint says.
When contacted for comment, a member of Moylan’s office said it would “not be appropriate for him to comment on an active litigation.”
Whitfield is seeking “compensatory, and punitive damages, declaratory relief, and attorney’s fees and costs … in excess of $50,000.”
In the initial 2024 lawsuit, Whitfield sued for wrongful termination, claiming then that county administration failed to take action when another employee was harassing her and staff chose instead to end her employment.
What did county officials say during the Whitfield settlement discussion?
Before voting 3-1 to approve a $20,000 settlement with Whitfield, officials discussed the proposal, which was part of the board’s meeting agenda.
As commissioners seemed torn between the desire to resolve the matter (and avoid future legal costs) and the optics of settling a case they disagreed the county was guilty of, Moylan provided background information and commented on the case.
“This was a former employee, and I will say that every allegation in that lawsuit is completely frivolous,” Moylan said. “It is completely incorrect and wrong and false.”
Commissioner Andy Dance, the lone opponent to the settlement proposal, said he opposed “because it “perpetuates this perception that anything brought against us will be settled.”
Dance pointed out, as did a county staff memo to the board, that the settlement agreement establishes that the county does not admit “liability,” but “seeks to avoid the costs of litigation.”
Whitfield’s new complaint claims ‘whistleblower retaliation,’ ‘defamation’
In the latest complaint, Whitfield argues Moylan’s characterization of the previous lawsuit’s allegations as “completely incorrect, wrong, and false” is itself “false.”
The complaint further argues that the deputy county attorney’s statements were “defamatory because they impute dishonesty to (Whitfield) and portray her as having knowingly asserted false claims, tending to subject her to distrust and contempt in her community.”
Whitfield’s complaint also contends that “Moylan made the statement knowing it was false or with reckless disregard for its truth, and with express malice and ill will toward (Whitfield) for having sued the county.”
Another count in the complaint argues “public whistleblower retaliation” from Flagler County.
“Flagler County took retaliatory action against (Whitfield) by publicly condemning her and her whistleblower lawsuit as frivolous, bogus, and false, thereby punishing and discrediting her for her protected activity and seeking to deter her and others from making protected disclosures and pursuing them.”
Two other separate counts are for “First Amendment retaliation” from both the county and Moylan, individually.
Why did Whitfield sue Flagler County in 2024?
Whitfield was hired in August 2019 as a human resources manager and worked until July 19, 2024.
The former human resources manager said she began experiencing a “hostile work environment” after she was offered a higher-paying position by another local government in March 2024, according to the lawsuit.
Flagler County officials made a counteroffer to match the proposed salary, which she accepted. She was promoted to a higher rank within the human resources department.
The same month Whitfield agreed to stay with Flagler County, she said her ex-husband, Timothy Whitfield, discovered a GPS-type tracking device in his car and pressed stalking charges against her (she says the couple had both used the “tile” devices on their car keys, which sounds an alert when either of the parties is within 200 feet of each other.) Samantha Whitfield was charged March 8, 2024, with installing a tracking device on her ex-husband’s car, a claim she settled Oct. 17 in a plea bargain agreement mandating she take part in a behavior modification course and 25 hours of community service within the next 12 months.
Whitfield said she informed staff, including former Human Resources Director Pamela Wu, of the case. Afterward, Whitfield claimed in the lawsuit, some fellow employees began to question both her promotion and potential stalking charges against her.
When Wu went on family medical leave, Whitfield took over as acting human resources director. It was then that Whitfield “engaged in protected whistleblower activity” to report to county administration that Benefits and Wellness Manager Anita Stoker was improperly accessing confidential personnel records about employees, including Whitfield, but no action was taken following the report, the claim states.
After Wu returned, Whitfield informed her in June 2024 that she could no longer take the hostile atmosphere in the office and would resign.
This article originally appeared on The Daytona Beach News-Journal: Hours after Flagler County settles lawsuit, complainant files again
Reporting by Brenno Carillo, Daytona Beach News-Journal / The Daytona Beach News-Journal
USA TODAY Network via Reuters Connect
By Brenno Carillo, Daytona Beach News-Journal | USA TODAY Network
