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Osceola Clerk Armando Ramirez faces Whistle Blower lawsuit [Orlando Sentinel :: ]
[July 11, 2014]

Osceola Clerk Armando Ramirez faces Whistle Blower lawsuit [Orlando Sentinel :: ]


(Orlando Sentinel (FL) Via Acquire Media NewsEdge) July 11--Osceola County Clerk of Court Armando Ramirez's former staff lawyer accused him this week in a lawsuit with routinely destroying public records, misusing public funds, falsifying payroll and improperly hiring relatives.



Attorney Adam Alvarez filed the lawsuit at the Osceola County Courthouse where he was fired March 4 after warning Ramirez in writing against breaking state public records law, records show.

Ramirez, a first-term Democrat, dismissed the allegations this morning.


"That I can say is preposterous -- it is not true," Ramirez said when reached about 11 a.m. "Of course, you have to consider the source. He's a disgusted, disgruntled ex-employee...That's all I have to say." Alvarez would not comment and referred questions to his attorney, Tobe Lev, who said, "I hope justice gets done. He has the stuff to back it up." The lawsuit seeks Alvarez's reinstatement, as well as lost salary and benefits, under the Florida Whistle-blower's Act. He worked for the clerk's office from Aug. 19, 2013 until March.

The accusations include Ramirez asking senior-level employees to call him on his personal cell phone and to communicate in writing by using his personal email account "in an attempt to intentionally avoid public disclosure of his telephone calls and emails," records state.

Florida's public records law makes public employees' job-related correspondence open for review.

Chief Deputy Clerk Jennifer Soto is accused of destroying records of a friend, Steve A. Massiah, who was hired in October as head of the clerk's information technology department despite a history of arrests.

"Jennifer immediately informed the Clerk and Alvarez had multiple criminal convictions on his criminal history background check," the lawsuit states. "Jennifer stated that she would dispose of Massiah's personnel file and background check and hire Massiah as an independent contractor." A criminal history by the Florida Department of Law Enforcement states that Massiah has been arrested seven times since 1998 on charges including domestic violence and fraud. He no longer works at the clerk's office.

After Soto's sister, Antoinette Mendez, was hired last year Ramirez asked Alvarez to research if her employment violated state nepotism law. Citing clerk's office policy and state law, Alvarez wrote he advised that relatives of the clerk, directors, administrators and department heads cannot be hired legally.

"The Clerk stated that he and Jennifer could decide whom to hire and fire," the lawsuit states.

Soto generated controversy last year after Ramirez took office and paid her more than $50,000 to be his secretary. Within months, he promoted her to chief deputy clerk earning about $115,000. Soto, who holds a GED and a paralegal diploma from a non-accredited trade school, lives with Ramirez's son, John, in a house bought jointly in 2003 with his father, records show.

Ramirez and his senior staff are accused as well with misusing public funds.

Just before Thanksgiving, Ramirez is accused by Alvarez with using money from the clerk's office to buy and give away turkeys at Unidos Supermarket on Simpson Road in Kissimmee at an event publicized with a press release.

"Alvarez advised the Clerk he may not utilize employees of the Clerk during the Clerk's regular working hours to perform a non-governmental function," the lawsuit states. "The Clerk not only did not heed Alvarez's legal advice but ordered Alvarez...to work at this event to politically benefit the Clerk." He also claims senior employees paid themselves for time they did not work, including two-hour lunches, leaving early and claiming to work from home.

Many of the allegations of destroying public records concerned fear of articles reporting on the clerk's administration.

"Nana, destroy this," Ramirez is quoted by Alvarez telling wife, Millie, who serves as an unpaid volunteer assigned an office in the clerk's executive suite. "I can't let this get out to the media." Another example was Feb. 17 when suspected narcotics were found in a 2nd-floor employee snack room in the courthouse.

"The Chief Deputy Clerk So and Human Resources Director Natalie Bryan refused to allow the narcotics to be (sent) or turned over to the Sheriff's Office," the lawsuit states. "Defendant Soto stated that the Clerk's office did not need the bad press, so 'Just throw it out.'" Ramirez decided not to destroy the drugs but ordered them stored in the courthouse without mention in any official record "in order to avoid public disclosure of narcotics in the Clerk's office," the lawsuit states.

Soto and Bryan did not respond to a written request for comment.

Alvarez accused Ramirez of routinely assigning him to provide legal advice to political supporters and friends facing eviction, foreclosure, a criminal charge, problems with a home owners' association and to edit a resume.

A former West Point cadet, detective sergeant and lawyer with the New York Police Department, Alvarez wrote he objected because he "could not render legal advice concerning matters that were not within the scope of his public employment" on government time.

Earlier this year, Orange-Osceola State Attorney Jeff Ashton cleared Ramirez of breaking public record law after an investigation by the Florida Department of Law Enforcement.

"Let me close by noting that while the evidence available to me does not rise to the level of justifying the filing of criminal charges, it does suggest that you and your senior staff could benefit from additional training in the area of public records retention and public records law," Ashton wrote Ramirez in February.

[email protected] or 407-420-5257 ___ (c)2014 The Orlando Sentinel (Orlando, Fla.) Visit The Orlando Sentinel (Orlando, Fla.) at www.OrlandoSentinel.com Distributed by MCT Information Services

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