Quintini v. Panama City Housing Authority
102 So. 3d 688
Fla. Dist. Ct. App.2012Background
- Appellant alleged termination by Panama City Housing Authority violated the Whistle-blower’s Act (Fla. Stat. § 112.3187 et seq.).
- Authority is a local government entity for Whistle-blower’s Act purposes; Appellant was a maintenance worker hired August 2007.
- In 2008, Appellant filed a HUD complaint alleging unequal pay; he did not disclose to the Authority's executive director, board, or other Authority personnel.
- Appellant was laid off in November 2008 and sued, claiming retaliation for HUD disclosures.
- The issue on appeal is whether HUD qualifies as an “other appropriate local official” under § 112.3187(6) when the disclosure concerns a local government entity.
- Statutory text: disclosures must be to (i) any agency or federal entity with authority to remedy the violation, and (ii) for local entities, to the chief executive officer or other appropriate local official.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether HUD is an other appropriate local official. | Appellant argues HUD should qualify as appropriate local official. | Authority argues HUD is a federal agency with no local authority over the Authority. | HUD is not an appropriate local official; no protection. |
| Whether liberal construction applies to § 112.3187(6) given HUD disclosures. | Act should be liberally construed to protect whistle-blowers. | statute unambiguous; liberality not needed. | No liberal construction needed; statute unambiguous. |
Key Cases Cited
- Harris v. District Board of Trustees of Polk Community College, 9 F. Supp. 2d 1319 (M.D. Fla. 1998) (FDLE not a local official; limited applicability to local entities)
- Kelder v. ACT Corporation, 650 So.2d 647 (Fla. 5th DCA 1995) (interprets first sentence of § 112.3187(6))
- Gallagher v. Manatee County, 927 So.2d 914 (Fla. 2d DCA 2006) (liberal construction not used when statute’s meaning is plain)
- Irven v. Department of Health & Rehabilitative Services, 790 So.2d 403 (Fla. 2001) (Whistle-blower’s Act is remedial but plain text controls when unambiguous)