Ex-Pensacola Humane Society director files reams of documents to back misconduct claims

A lawsuit filed Jan. 17 by the Pensacola Humane Society Board of Directors against former members of the agency's staff alleges that staff members made public "a novel's worth of false and defamatory comments" that harmed individuals and Humane Society business relations.

This week, Amanda Moore-Joseph, the former interim director of the Humane Society, hit back at her former employers by filing a countersuit. Moore-Joseph's allegations that board members' misappropriated Humane Society funds were at the heart of the board's defamation claim against her and other staffers.

Moore-Joseph's countersuit singles out Board President Gerald Adcox and Treasurer Barbara Sawyer, along with the board itself, as defendants. It alleges defamation of Moore-Joseph's character and a violation of her protections under the Federal Whistleblower's Act. It calls for compensation of lost wages, attorneys fees and other damages "deemed appropriate." The claim calls for Moore-Joseph's reinstatement to her position at the Humane Society.

Adcox, when asked for comment on the countersuit, said, "We expected it," and deferred any further comment to the board's attorney.

More:Pensacola Humane Society staff accused their board of misdeeds. The board is suing them.

Pensacola Humane Society Board conduct called "despicable" in countersuit

The countersuit alleges that the Pensacola Humane Society Board did, in fact, violate the law in ways that included spending restricted donor funds and gifts and failing to abide by the terms of grants given to the Humane Society. Restricted funds are donations that can only be used for a specific purpose or project specified by the donor.

The countersuit also alleges the board "positioned itself to have control over matters that otherwise might have been the purview of Pensacola Humane Society staff, failed in its oversight role by refusing to tap liquidated assets to provide sufficient funding the staff needed, took over the purchase and sale of vehicles and embarked upon a 'defamation campaign' against Moore-Joseph.

"The actions of the PHS Board, Adcox and Sawyer were tortious, despicable and contrary to the mission, historical record and prior good name of the organization that is the Humane Society of Pensacola," the lawsuit states.

Accompanying Moore-Joseph's legal filing are close to 50 exhibits turned over for review by the court, a novel's worth of documentation allegedly supporting the validity of the misappropriation allegations and others made against Adcox, Sawyer and the board.

The exhibits provided include text messages between PHS Board President Gerald Adcox, Moore-Joseph and other board members discussing a gift of a low mileage Lexus automobile. The countersuit, filed by attorney Russell Van Sickle, alleges Adcox, who owns a used car dealership, was made aware more than once that the donor had notified the Humane Society the vehicle came with restrictions.

"Restriction is we have to utilize and can't just sell," Moore-Joseph told Adcox in a text.

More:Pensacola Humane Society board accused of mismanagement, misappropriation of funds

Copies of text messages produced as exhibits indicate Adcox sent a message to staff that said of the Lexus, "I'll buy it" on the very day the donation was received and after he'd been notified of the restriction placed upon the gift. The suit claims, and offers Humane Society Board minutes as evidence, that he ultimately auctioned the vehicle from his lot for $24,000, and the governing board voted to go along with the sale.

"Moore-Joseph's objection that the restricted Lexus could not be sold without permission from the donor was dismissed by Adcox and the Board," the lawsuit said. "Adcox and PHS sold the restricted Lexus donation at his used car lot in contravention of Florida Statute."

The countersuit also alleges that Adcox and the board violated Humane Society bylaws in consummating the sale of the donated Lexus.

Moore-Joseph also contends, and offers exhibits to corroborate, that PHS paid Adcox's business $61,000 for a van valued at $41,000 "with an accident history." It states there is no evidence the purchase was discussed at a board meeting.

The suit speaks extensively of Moore-Joseph efforts, after assuming the role of executive director, to notify board members of the illegalities of removing dollars from a restricted fund. It states that Adcox chastised Moore-Joseph for raising an alarm when she discovered depleted restricted funds. At one time, the suit states, he instructed her to "get a list of comingled funds and the amounts so we can restrict what we have to."

On another occasion, the suit states, he commented that the board could "unrestrict a couple thousand" dollars "at the next board meeting."

More:Pensacola Humane Society announces new leadership and plans to reopen

Countersuit alleges executive director was target of "derogatory" and "defamatory" statements

The countersuit states that the Humane Society Board of Directors knowingly failed to provide information to the accounting firm Saltmarsh, Cleaveland and Gund that would allow the accounting firm, in the wake of fund mismanagement allegations lodged by Moore-Joseph and others, to properly assess agency finances.

The Saltmarsh findings implicated Moore-Joseph, as the Humane Society Development Director, for receiving bonuses through an incentive program that were paid "without the knowledge and/or approval of the board of directors or the board treasurer."

The Moore-Joseph countersuit alleges "Adcox and the board had received a copy of the incentive plan signed by Moore-Joseph and (then-executive director Jan) Castillo and the board obtained details on the bonus payments."

A chain of text messages placed in evidence as exhibits appear to show a conversation between Castillo and at least two board members discussing the incentive plan. The texts indicate a committee established for review of the Moore-Joseph incentive plan, comprised of board members Hank Gonzalez and Dan Sanders, had recommended the bonus program, which rewarded her for donor dollars brought in, be handled by Humane Society staff management as opposed to being brought before the board.

More:Pensacola Humane Society Board releases 'accountant's report' of its finances

"PHS, Adcox and Sawyer's statements to Saltmarsh about Moore-Joseph's incentive plan, which PHS published on its website and presented to the press, were false," the countersuit states. "PHS, Adcox and Sawyer's misrepresentations to and concealment from Saltmarsh were made with the purpose to retaliate against Moore-Joseph and defame Moore-Joseph."

A crisis at the Pensacola Humane Society was laid bare in mid-December when organization staff, volunteers and fosters published a letter from an entity calling itself We The Organization that admonished the board and called for the removal of Adcox as board president.

Along with contending the Board of Directors was misappropriating restricted funds, the We The Organization statement alleged Adcox, as board president, engaged in inappropriate behavior, including "misogynistic comments, sexual innuendos and inappropriate comments to staff, volunteers and board of directors (members)."

The countersuit makes similar allegations, stating Adcox spoke inappropriately at Humane Society board meetings, executive committee meetings and in front of staff.

It states that at one Executive Committee meeting Adcox asked Moore-Joseph "if she was romancing a donor."

"When Moore-Joseph objected to Adcox's comment and identified the particular donor, Adcox said that the particular donor (sic) she could 'try some good loving on him, but he only loves himself,'" the countersuit states.

The suit claims that Adcox and two other board members "continued to make derogatory statements and laugh" and the next day, Andy Barnes, a member who had overheard the conversation but not participated in the taunting, "texted to say the comments made by Adcox and others 'were not called for' and distasteful."

It states that Adcox once said of a departing executive director "she's off like a prom dress," and on another occasion called Moore-Joseph "Manda Moore Joseph Tom Dick Harry, however many husbands you have."

Adcox also made derogatory statements about Moore-Joseph to the news media, the counter claim alleges, including telling the Pensacola News Journal the Humane Society was being led by "a rogue interim director."

Moore-Joseph has "sustained actual damages to include loss of earnings due to reputational damage, loss of future earnings capacity and ongoing ability to make money, loss of business and economic opportunities and emotional distress," the suit states. "PHS, Adcox and Sawyer committed defamation per say because their defamatory statements tend to subject her to hatred, distrust, ridicule, contempt or disgrace and tend to injure her in her profession and create a false impression that Moore-Joseph was lacking integrity and competence in regard to her employment."

Moore-Joseph worked in Okaloosa County as community development director for the Panhandle Animal Welfare Service, or PAWS, until she was terminated in September of 2019. She was fired, according to a lawsuit she filed in 2020, for coming forward in a whistleblower capacity to speak out against fiscal mismanagement.

It claimed former PAWS Director Dee Thompson misused and misapplied PAWS money and made false statements in order to obtain or retain grant money. Thompson resigned abruptly in February of 2020, citing personal reasons. Tracey Williams, who succeeded her as executive director, promised to drastically change the way PAWS conducts business. The agency serves both animal control and animal shelter functions for Okaloosa County.

Moore-Joseph and PAWS entered into mediation in February of 2021 and the lawsuit was resolved on Feb. 9. The Okaloosa Clerk of Court's Office records show Moore-Joseph voluntarily dismissed her claim with prejudice, meaning she had agreed not to seek further action.

This article originally appeared on Pensacola News Journal: Fired Pensacola Humane Society director files defamation lawsuit