IN THE CIRCUIT COURT IN AND FOR OKALOOSA COUNTY, FLORIDA

WILLIAM F. HORD, JONATHAN BUSH,

& JOHNLEE,
Plaintiffs;
v.
LARRY ASHLEY, individually, and
in his official capacity as SHERIFF
OF OKALOOSA COUNTY
Defendant.
- - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - ~ /
COMPLAINT
Plaintiffs WILLIAM F. HORD, JONATHAN BUSH & JOHN LEE, sue LARRY
ASHLEY, individually, and in his official capacity as SHERRIFF OF OKALOOSA COUNTY
and say:
1. This is an action for damages for violation of civil rights granted under the laws
and Constitution of Florida that exceed $15,000.
2. The events at issue occurred and the action resulting accrued in Okaloosa County.
3. Venue and jurisdiction are proper in this Court.
General Allegations
4. Plaintiffs were long term officers and employees of the Okaloosa Sheriffs Office
as deputies with exemplary records, and who had served in several administrations.
5. In 2010, Defendant LARRY ASHLEY was a candidate for the office of Sheriff of
Okaloosa County, and was opposed in his seeking ofthat office by WILLIAM F. HORD ("Rick"
Hord) in the primary election, and also opposed by candidate Steve Menchel, among others.
6. Prior to and during the primary election, Larry Ashley was Chief Deputy to the
OCSO, and had day to day administrative authority over all or nearly all the operations of the
Sheriffs office.
7. Each of the Plaintiffs supported other candidates for the office of Sheriff during
the primary election.
8. During the primary campaign, JOHN LEE was asked by Captain Peacock to
conduct and report an inspection with regard to violations of policy standards for accreditation of
the Crestview courthouse security. Mr. Lee performed the inspection and reported his results via
email to Captain Peacock. Mr. Lee's report did not reflect well on the compliance with the
policies necessary to assure accreditation. This inspection report became a matter of some
controversy for Ashley's campaign for office.
9. Failure to maintain standards of required security at the Crestview courthouse
represented an ongoing threat to public safety.
10. Rick Hord returned to work as a deputy Sheriff in September, after the primary
election, as Supervisor of the evidence section.
11. Mr. Hord was told by Captain Peacock about a case of an arrest made on a drug
charge for which an existing FDLE lab report showing "no drugs" in evidence but which had had
been in Okaloosa County Sheriffs Office (''OCSO") files for approximately one month prior to
the arrest.
12. Captain Peacock tasked Mr. Hord to develop a policy and procedure to prevent
recurrence of that kind of evidence and arrest error.
13. Based upon his review of the incidents of concern, Mr. Hord wrote a report and
policy recommendation specifying that the Evidence Supervisor should regularly review all
FDLE Lab Reports. Mr. Hord then sent the recommended policy to Capt. Peacock by e-mail,
who approved it.
14. Mr. Hord then began reviewing old evidence for a purge list, and discovered other
FDLE lab reports that had been ignored. Mr. Hord then began to prepare a written list of old
FDLE evidence reports in cases showing invalid or ignored evidence and informed Inspector
Ron Gay of several cases, some involving DNA, and a case of fingerprint evidence involving
theft of a firearm, which had been identified at the scene, but had been ignored in OCSO files
long enough for the statute of limitations to expire, and a shoplifting with DNA evidence that
FDLE had matched to a suspect.
15. In the case of the ignored firearm report, the fingerprints were of was a suspect
with whom the Sheriffs Office had subsequent contact on many occasions. Mr. Hord reported
that latter issue both by e-mail to Ron Gay on Thursday, November 4.
16. The cause of the lack of evidence review was a systemic policy failure in not
requiring regular review and assessment of FDLE reports, not isolated events, which indicated
likely ongoing gross mismanagement, malfeasance, or misfeasance, and gross waste of public
funds on arrests without evidentiary support, or proper arrests that were not made based on
evidence ignored, wasted prosecutions or prosecutions barred by limitations periods, and
additional manpower to re-investigate or re-try valid prosecutions and arrests because of these
systemic investigatory lapses.
17. Lack of appropriate and timely review of FDLE evidence reports by OCSO law
enforcement personnel presented a threat to public safety as a person involved with a stolen
firearm was not identified nor the missing firearm made the subject of a lawful search based on
. the failure to review available evidence reports.
18. Lack of appropriate and timely review of such FDLE evidence reports had
resulted in an unsupportable arrest on drug charges, improperly infringing the liberty of a citizen,
and wasting law enforcement and prosecutorial resources.
19. During the primary campaign JONATHAN BUSH was asked to compile public
records of firearms qualifications requested by then Sheriff candidate Menchel. Candidate
Menchel made numerous public records requests throughout his campaign on various topics.
20. Prior to the request, Mr. Bush had in fact already compiled such information in a
spreadsheet to determine the last time personnel who had agency rifles had properly qualified.
Mr. Bush's spreadsheet report indicated that no one had qualified within the agency policy or
accreditation required time period.
21. Lack of adequate firearms training presents a threat to the health and safety of
sheriffs deputies and the public at large.
22. The lapse in firearms qualifications was not isolated, or incidental but was
systemic, indicating ongoing gross mismanagement, malfeasance, or misfeasance.
23. Mr. Bush brought his spreadsheet findings on rifle qualification lapses to Capt
Peacock's attention in regard to Candidate Menchel's request. Captain Peacock directed Bush to
limit response to a more narrow set of documents requested by Menchel, rather than including
the spreadsheet on rifle qualification lapses that was already prepared and related to the topic of
his request.
24. Mr. Bush did what he was directed, but when asked by Menchel, he outlined the
existing spreadsheet findings to him. The question of such firearms qualifications became an
issue in the campaign for the Sheriffs office.
25. On November 2, 2010, Mr. Ashley won election as Sheriff of Okaloosa County,
was sworn in on November 8, 2010, and started his first full day of work November 9, 2010.
26. On November 9, 2010, Mr. Hord, Mr. Bush and Mr. Lee were informed that they
were to be terminated.
27. Within hours of arriving on premises with the legal authority to do so as newly
elected Sheriff of Okaloosa County, Larry Ashley terminated all three Plaintiffs, without due
notice or hearing.
28. On or about November 19, 2010 each of the Plaintiff's sought benefit of a general
statutory review proceeding applying to sheriff's deputies under Chapter 30, Florida Statutes to
contest their termination, which they deemed to be motivated by retaliation directed at their
political or presumed political activities during the election, or protected whistle-blowing
activities during and after that election campaign.
29. Plaintiffs were not provided the Chapter 30 statutory review proceeding.
30. By a Special Act of the Florida Legislature, Okaloosa County Sheriffs deputies
are particularly entitled to a review Board established under that Act as to grounds for their
termination.
31. Plaintiffs were not provided the review Board under the Special Act.
32. Larry Ashley attempted to reverse his termination of the Plaintiffs by sending
them a "reinstatement" but which simultaneously demoted each of them to a lower rank and
compensation.
33. In conjunction with the demotion, Ashley made public statements demeaning of
the Plaintiffs good character indicating, in addition to the fact of demotion and reduction in pay,
that the offer was not made in good faith, but was merely a pretext for continued retaliation
against them by other means. Copies of the statements as reported by the Northwest Florida
Daily News are attached hereto as Exhibit A.
34. Larry Ashley terminated the Plaintiffs in violation of law, without complying with
due process required by law and in derogation of the law and duties of his new Office of Sheriff
in that regard, such that the actions were personal and not official in nature, since there was no
meaningful time in office for a lawful and official determination to be made according to the
processes oflaw provided therefor, this action was the product of personal animus toward the
Plaintiffs as a result of their constitutionally and statutorily protected activities and not a
consequence of any legitimate, good faith selection criteria.
COUNT/
Action for Violation of Florida Whistle blower Act,
112.3187, et seq. Florida Statutes.
35. The allegations of Paragraphs 1- 24 are incorporated herein as part of this cause
of action.
36. The OCSO is an "agency" within the meaning of 112.3187, et seq. Florida
Statutes.
37. The Plaintiffs are "employees" of the OCSO within the meaning of 112.3187, et
seq. Florida Statutes.
3 8. Each of the Plaintiffs disclosed, in a written form, information that is protected by
of 112.3187, et seq. Florida Statutes.
39. As a result of the Ashley's unlawful acts, the Plaintiffs have each been damaged.
40. Plaintiffs are entitled by 112.3187(9)( d) Florida Statutes to recover their
reasonable costs incurred in seeking remedies under of 112.3187, et seq. Florida Statutes.
41. Plaintiffs have hired the undersigned attorneys and are obligated to pay a
reasonable fee for their services.
WHEREFORE Plaintiffs demand judgment in their favor and against the Defendant
Larry Ashley, individually, finding him in violation of 112.3187, et seq. Florida Statutes, for an
award oftheir damages incurred by the violation, and an award of their reasonable cost and
attorney's fees incurred in this action, and for such other and further relief as may to the Court
seem just and proper.
COUNT II
Action for Declaratory and Supplemental Relief
for Violation of Florida Constitution, Art. 1, 9
Denial of Due Process
42. The allegations of Paragraphs 1- 24 are incorporated herein as part of this cause
of action.
43. Plaintiffs were entitled under Chapter 30, Florida Statutes to a review hearing to
protect them from unlawful and unconstitutional infringement of their rights to free speech,
association and political participation.
44. Plaintiffs were entitled under Chapter 30 to a review process to protect them from
discriminatory adverse employment actions because of their participation in protected whistle-
blowing activities, which also constitute petitions for redress of grievance.
45. Plaintiffs were entitled to the protection of their liberty and property interest in
their employment as Deputy Sheriffs of Okaloosa County by the provisions of Chapter 30, Fla.
Stat. and the review hearing established by Laws of Florida, Chapter 81-442, (as amended, Ch.
85-472) ("Special Act") which applies to the Okaloosa County Sheriffs office and was enacted
for the purpose of protecting and sheriffs deputy from arbitrary and unlawful termination.
46. Plaintiffs were denied their Chapter 30 review board to determine the basis for
their termination.
47. Plaintiffs were not timely informed of their rights to the Special Act review board
proceeding until after they had been discharged, and were denied that proceeding as well.
48. Larry Ashley's offer to reinstate the Plaintiffs in a reduced rank and compensation
was made in such patent bad faith, merely to avoid the demands of law and the required due
process incident to their termination, that it was a mere pretext or subterfuge intended to compel
a constructive discharge.
49. Plaintiffs were discharged or constructively discharged as a result of Larry
Ashley's bad faith evasion of the clearly established requirements of Florida law by the
attempted reversal of terminations into summary demotions without the benefit of the due
process of law.
50. As a result of the denial of due process the Plaintiffs have been damaged.
51. Plaintiffs are entitled to declaratory relief under Section 86.011(1 & 2), Fla. Stat.
that Larry Ashley violated the Plaintiff's due process rights and caused their unlawful discharge
or constructive discharge.
52. Plaintiffs are entitled to supplemental relief under Section 86.011(2), Fla. Stat.
in the form of an order or writ of mandamus compelling the process hearings which they are due,
for their back wages for the period of unlawful discharge without due process, for reinstatement
and continuing pay pending the accomplishment of due process, and for their attorney's fees in
recovering unpaid wages pursuant to Section 448.08, Fla. Stat.
WHEREFORE Plaintiff's demand declaratory judgment and supplemental relief pursuant
Section 86.011, Fla. Stat.,
1. declaring that they were unlawfully discharged in violation of due process granted
them by the Florida Constitution and the laws ofthe State of Florida;
2. for an order mandating the review proceedings required by Chapter 30, Florida
Statutes, and the Special Act governing the Sheriffs Office or Okaloosa County to determine the
propriety of the Sheriffs Ashley's actions toward them as it relates to their respective political
activities and the cause for their termination pursuant to law, and maintaining jurisdiction thereof
to ensure the due regularity of said proceedings until concluded and finally determined;
3. reinstating them at full rank and compensation pending the completion of due
review proceedings;
4. for damages from the violation of their due process rights;
5. for award of their unpaid back pay for the period of their unlawful dismissal
without due process;
6. for continuing pay pending the conclusion of the due process that they are entitled
to;
7. for an award oftheir attorney's fees incurred in recovering their unpaid wages
pursuant to Section 448.08 Fla. Stat.
Demand (or Jury Trial
Plaintiffs demand trial by jury on all issues so
RGE R. MEAD, II
Florida Bar No. 096490
MOORE, HILL & WESTMORELAND
220 West Garden Street, 9th Floor
Pensacola, FL 32501
Phone: (850) 434-3541
Facsimile: (850) 435-7899
Counsel for Plaintiff
Sheriff Ashley to rehire non-retained deputies? I sheriff, deputies, offered ... http://www .nwfdai 1 ynews .com! news/sheriff-3 53 57 -deputies-offered.html
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12/2/2010 8:49 M
Sheriff Ashley to rehire non-retained deputies? I sheriff, deputies, offered ...
http://www .nwfdai lynews .com/news/ sheriff-3 53 57 -deputies-offered.html
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I Print Story I E-Mail Font SizeGJ GJ
Ashley: 'I have not changed my
opinion about these individuals'
(LETIER, PHOTO GALLERIES)
C!l!1'\1!!!!11\S .... Q
December 01, 2010 1:02 PM

Daily News
SHALIMAR- "A number of factors" havB con-vinced naiMy swom
Okaloosa County Sheriff Larry Ashley to change his mind about
terminating fiw supervisory lewl deputies he failed to retain upon
his swearing in Nov. 9.
In letters dated Nov. 29, Ashley in-vited the live deputies to report
to his office on Friday to be swom in end sign a loyalty oath. Their
status as actiw employees would become effectiw Monday.
Reasl a copy of the letter
fHOTO GA!.!.ERY: Qeput!ea. goal! membera sworn In by
DIW!htrlffp
PHOTO GALLERY: Larry Ashley sworn In as new sheriff"
Sgts. Rick Hard, John Lee. Jon Bush, Van Dyke and Cpl.
MarK Hafner all receiwd letters stating a number of factors had
made Ashley decide "to reconsider his decision not to continue
your appointment as a deputy."
If they eccept the jobs being offered. all fiw men would be
stripped of their former rank and subjected to pay cuts. said Eric
Meade, a Pensacola attorney retained by Hard, Lee end Bush.
Meade said none of his clients haw made a dec1sion about
whether they would accept Ashley's offer.
Van Dyke has accepted a sewrance package from the Sheriff's
Office end Hafner has not kept in contact with the Sheriff's Office,
according to Undersheriff Don Adams.
Hard, Lee and Bush are presenUy on paid administraliwleaw,
Ashley said.
entaraa
DEVON RAVINE I
File photo
Rich Media
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If they don't show up to be swom in Friday they will be considered absent from duty and could be fired on that
basis.
If they don't eccept the terms of his offer. he said, they can resign.
Ashley, who met with a reporter late Wednesday afternoon, said his gesture does not mean he has suddenly
regained truat for the employees he chose not to nstain.
"I haw not changed my opinion about these indi-viduals," he said.
He said he. decided to rehire the five deputies after his staff attorney uncovered an obscure 1981 piece of
legislation that would obligate him to create a fiw-member re-view board to hear appeals of termination requested
by Hard. Lee and Bush.
The three allege they -re terminated for political reasons.
The flw-member board woud havB to include two members elected from within the Sheriff's Office ranks, a cosUy
and time consuming process, Ashley said.
He said though he feh "comfortable" he could prevail in the appeals process, he thought it only fair, in the absence
of a lawfully constructed hearing board, to rehire the five deputies.
"As much as I hate to do it, I'm bringing them back. They can prow me right or prow me wrong," he said. "And It
they all want to come in here and resign, I'll giw them all their severance."


Hord, Lee, Bush, Van Dyke and Hlll'nerlearned theywo!Jd not be retained by Ashley on Nov. 9, the day the rest of
the Sheriff's Office's certified officers swore their loyalty to Ashley.
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Sheriff Ashley to rehire non-retained deputies? I sheriff, deputies, offered ...
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2of3
Ashley: 'I have not changed my
opinion about these individuals'
(LETTER, PHOTO GALLERIES)
December 01, 20101:02 PM

Daily News
SHALIMAR- "A number of factors" have convinced newly sworn
Okeloosa County Sheriff Larry Ashley to change his mind about
terminating five supervisory level deputies he failed to retain upon
his swearing in Nov. 9.
In letters dated Nov. 29, Ashley invited the five deputies to report
to his office on Friday to be sworn in and sign a loyalty oath. Their
status aa active employees would become effective Monday.
Reid 1 copx of the letter
PHQTO GA!,LEBY; Oepytles posu membt!J sworn In by
newsher!fh
PHOTO GALLERY: Larry Ashley !Worn In as ""w sheriff
Sgts. Rick Hard. John Lee, Jon Bush, Keith Van Dyke and Cpl.
Mark Hainer all received letters staling a number of factors had
made Ashley decide "to reconsider his deCision not to continue
your appointment as a deputy .
If they accept the jobs being offered, all five men would be
stripped of their former rank and subjected to pay cuts, said Eric
Meade. a Pensacola altomey retained by Hord, Lee and Bush.
Meade said none of tis clients have made a decision about
whether they would accept Ashley's offer.
Van Dyke has accepted a severance package from the Sheriffs
Office and Hainer has not kept in contact with the Sheriff's Office,
according to Undersheriff Don Adams.
Hord, Lee end Bush are presently on paid administrative leave,
Ashley said.
If they don't show up to be swam in Friday they will be considered
absent from duty and could be fired on that basis.
If they don't accept the terms of his offer. he said, they can resign.
File phoiD
Rich Media
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Ashley, who met with a reporter late Wednesday afternoon, said his gesture does not mean he has suddenly
regained trust for the employaes he chose not to retain.
"I have not changed my opinion these individuals," he said.
He said he decided to rehire the five deputies after his staff attorney uncovered an obscure 1981 piece of
legislation that v.ould obligate him to create a five-member review board to hear !)peals of termination requested
by Hord, Lee and Bush.
The three allege they wens terminated for poHtical reasons.
The fixe.member board 'Miuld have to Include two members elected from within the Sheriffs Office ranks, a costly
and time consuming process, Ashley said.
He said though he felt "comfortlillle' he could prevail in the appeals process. he thought it only fair, in the absence
of a lawfully constructed hearing board, to rehire the five deputies.
"As much as I hate to don, I'm bringing them back. They can prove me right or prove me wrong," he said. "And if
they all war1 to come in hens and resign, I'll give them all their severanca."
For the first time, Astiey commented on his reasons for letting Hord, Bush, Lee, Van Dyke and Hainer go.
'I think those indMduals are selfish and self centered," he said. "You have to have some unity.
"I like with all that occurred, with the investigation and the arrests, all of the audits and losing two officers to
violent deaths, 99 percent of this agency came together and did their jobs &1d 1 percent exploited the situation for
personal gain," Ashley said. 'Those people are selfish. I still do not have confidence in those individuas."
Hord, Lee, Bush, Van Dyke and Hainer learned theywoud not be retained by Ashley on Nov. 9, the day the rest of
the Sheriffs Office's certified officers sv.ore their loyalty to Ashley.
Undersheriff Don Adams said at the time thai the terminations had nothing to do with "specific acts.'
"Obviouslv. we have to make a cultural chanae." Adams said. "The new sheriff needs to be able to have faith In ail
1212/2010 9:15 J