Cape Coral denies former city manager's accusations; lawsuit moves forward
Cape Coral denied its former city manager's accusation of discrimination against the City Council and refuses to pay any more money to him, prompting a likely lawsuit that demands more than a half-million dollars.
The city responded to former city manager Rob Hernandez's letter last week outlining his demands after his February firing.
Hernandez sent a letter on Feb. 14, after his contract was not renewed, accusing several councilmembers, including the mayor, of racist and anti-LGBTQ conduct against city employees and residents.
He also claims his contract was not renewed after he did not follow through with the council's alleged discriminatory requests.
Ex-city manager claims Civil Rights violations
A previous letter from Hernandez to the city indicated that councilmembers' actions violated Title VII of the Civil Rights Act of 1964, Florida Civil Rights Act, and Florida’s Private Whistleblower Act.
The allegations include Mayor John Gunter wanting to remove a lesbian employee from having any contact with the public; Sheppard demanding rules of decorum that would only apply to Cape Pride, an annual LGBTQ festival; and both objecting to correct pay inequities for a member of the executive leadership team because of sexual orientation.
Also, the alleged constant scrutiny from councilmembers over his hiring of T. Sharon Woodberry, a Black woman, as the city's Economic and Business Development Officer.
Hernandez's letter indicated that he could be owed as much as $1.16 million.
In a letter from March 10, the city says it will not pay any money beyond the severance it has already paid out after the council voted to fire him without cause.
He was owed 20 weeks of pay, roughly $100,000.
Hernandez began his duties in Cape Coral during the week of Aug. 11, 2020, with a starting salary of $236,000 a year and a three-year contract.
He lead the city through Hurricane Ian and its aftermath, oversaw the city's change to EnerGov billing and permit system and lawsuit with Waste Pro, and appointed the current police chief.
Hernandez received a 6.25% pay increase at a special meeting on Nov. 16, 2022, where he also received an overall above-average score of 3.8 out of 5 from the city council's evaluations.
Cape Coral's lawyers said the city denies the claims of discrimination and rights violations.
"The city denies that it took any improper action against your client and denies that it engaged in any wrongdoing associated with your client's former employment," wrote Christopher J. Stearns, of Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A.
Stearns is acting as the city’s outside legal counsel regarding matters involving Hernandez, separate from the documenting that Gray Robinson is doing for the case.
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Benjamin Yormak, Hernandez's attorney, said litigation against the city will move forward this week.
"The city’s response lacks any substance and essentially guarantees litigation, leaving the taxpayers to bear the financial burden," Yormak said. "Given Mr. Hernandez’s dedication to the City of Cape Coral and its citizens, it is all the more disappointing that City Council continues to further a personal animus over sound stewardship of taxpayer funds."
"This legal dispute was entirely avoidable," he added.
Yormak will file a discrimination charge with the U.S. Equal Employment Opportunity Commission where it will remain for a minimum of 180 days before proceeding in federal court, he said.
Luis Zambrano is a Watchdog/Cape Coral reporter for The News-Press and the Naples Daily News. You can reach Luis at Lzambrano@gannett.com. Follow him on Twitter @Lz2official.
This article originally appeared on Fort Myers News-Press: Cape Coral denies discrimination claims from fired city manager
