Igwe v. City of Miami

• Decision Date: 13 October 2016
• Docket Number: No. 3D15–1307.,3D15–1307.
• Citation: 208 So.3d 150
• Parties: Victor IGWE, Appellant, v. CITY OF MIAMI, Appellee.
• Court: Florida District Court of Appeals

208 So.3d 150

Victor IGWE, Appellant,

v.CITY OF MIAMI, Appellee.

No. 3D15–1307.

District Court of Appeal of Florida, Third District.

Oct. 13, 2016.

Rehearing Denied Dec. 20, 2016.

Amlong & Amlong, P.A., and William R. Amlong, Karen Coolman Amlong, and Ryan C. Brenton, Fort Lauderdale, for appellant.

Victoria Méndez, City Attorney, and Kerri L. McNulty, Assistant City Attorney, for appellee.

Themis Law Group, LLP, and Brian Calciano, St. Petersburg; Delegal Law Offices, P.A., and T.A. "Tad" Delegal, III, Jacksonville, for National Employment Lawyers Association, Florida Chapter, as amicus curiae.

Before SUAREZ, C.J., and ROTHENBERG and FERNANDEZ, JJ.

ROTHENBERG, J.

Victor Igwe ("Igwe") appeals the trial court's entry of final summary judgment in favor of the City of Miami ("the City"), disposing of Igwe's retaliatory discharge claim, which was brought pursuant to section 112.3187, Florida Statutes (2011) ("the Whistle-blower's Act" or "the Act"), based on the trial court's conclusion that Florida whistle-blower protection does not extend to individuals who report misconduct as a part of their job description. Because we conclude that the trial court erred in its determination that Igwe was precluded from whistle-blower protection on the ground that he reported the City's misconduct while carrying out his duties as the Independent Auditor General ("IAG") for the City, we reverse.

BACKGROUND

According to the City Charter, the position of IAG was created in order to provide independent oversight and audit functions for the City, and the IAG has a duty to report to the City Commission regarding his conclusions and financial analysis. Miami, Fla. Charter, § 48. It is undisputed that, as part of his job, Igwe disclosed to the City Commission and the City's Mayor several instances of alleged misconduct between 2009 and 2011, including the following: (1) a report finding that the City had violated its financial integrity principles by engaging in improper interfund borrowing; (2) a report identifying the improper transfer of restricted Local Option Fuel Tax revenues into the City's general fund; (3) a report identifying another improper transfer of restricted stormwater utility revenues into the City's general fund; and (4) a report that the City was continuing to improperly transfer restricted revenues into the City's general fund, even after the issuance of the prior reports. Igwe also issued a report to the City Commission and the City's Audit Advisory Committee, disclosing that the City Attorney had overpaid herself.

During this time period, the United States Securities and Exchange Commission ("SEC") and the Federal Bureau of Investigation ("FBI") also began investigating the City. In the course of its investigation of the City's potential securities law violations, the SEC subpoenaed Igwe to testify about the City's alleged misconduct. Igwe complied with the SEC's subpoena and testified. It is undisputed that Igwe's disclosures to the SEC and the reports to the City Commission were made in accordance with Igwe's job duties as IAG.

Thereafter, the City declined to renew Igwe's contract as IAG. In response, Igwe filed a one-count complaint, alleging that the City retaliated against him by declining to renew his contract in response to his issuance of the written reports and cooperation and testimony before the SEC.¹ The City moved for summary judgment, arguing that (1) Florida's whistle-blower protection only applies to those who make voluntary disclosures of misconduct, (2) Igwe's disclosures were not voluntary because they were required as a part of his job, and thus (3) Igwe was not protected by the Act.

The trial court entered an order granting the City's motion for summary judgment. Specifically, the trial court found that Igwe's disclosures were not voluntary because his disclosures consisted of "things that the job obligated him to report," and his cooperation with outside agencies like the SEC and the FBI were also a part of his job as IAG. The trial court also found that although Florida common law does not specifically address the issue, federal law in whistle-blower cases, see Sassé v. U.S. Dep't of Labor, 409 F.3d 773 (6th Cir.2005) ; Huffman v. Office of Pers. Mgmt., 263 F.3d 1341 (Fed.Cir.2001), supports the trial court's conclusion that "plaintiffs do not engage in protected activity by disclosing violations of law as part of their job responsibilities." Therefore, the trial court concluded that Igwe's disclosures are not protected by the Whistle-blower's Act. Thereafter, Igwe timely appealed.²

ANALYSIS

We review the trial court's entry of summary judgment de novo. Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126, 130 (Fla.2000). Summary judgment is only appropriate if there are no issues of material fact, and the moving party is entitled to judgment as a matter of law. Fla. R. Civ. P. 1.510(c). We also review the trial court's interpretation of a statute de novo. Bay Cnty. v. Town of Cedar Grove, 992 So.2d 164, 167 (Fla.2008).

As this case involves the interpretation of a statute, it is important to bear in mind that the polestar of statutory interpretation is the Legislature's intent. Meeks ex rel. Estate of Meeks v. Florida Power & Light Co., 816 So.2d 1125, 1131 (Fla. 5th DCA 2002), approved sub nom, BellSouth Telecomms. Inc. v. Meeks, 863 So.2d 287 (Fla.2003). Additionally, a single provision of a statute cannot be read in isolation, and it must be construed together with other provisions which relate to the same subject matter. Florida Dep't of Highway Safety & Motor Vehicles v. Hernandez, 74 So.3d 1070, 1077 (Fla.2011) (stating that related statutory provisions should be read in pari materia). We are also mindful that statutes should not be interpreted in such a way that leads to an absurd or unreasonable result. Amente v. Newman, 653 So.2d 1030, 1032 (Fla.1995) ; Yeste v. Miami Herald Publ'g Co., a Div. of Knight–Ridder Newspapers, 451 So.2d 491, 493 (Fla. 3d DCA 1984) ("We are, of course, constrained by law to give full effect to the legislative purpose behind a statute and to avoid constructions which lead to absurd or unreasonable results.").

I. Florida's Whistle-blower's Act

Before we address the particular arguments raised by the City, we briefly discuss the statutory context within which the parties' disputes appear. We begin with the construction of section 112.3187(2), which sets forth the Florida Legislature's express intent when passing the Act:

It is the intent of the Legislature to prevent agencies or independent contractors from taking retaliatory action against an employee who reports to an appropriate agency violations of law on the part of a public employer or independent contractor that create a substantial and specific danger to the public's health, safety, or welfare. It is further the intent of the Legislature to prevent agencies or independent contractors from taking retaliatory action against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee.

§ 112.3187(2) (emphasis added).

The Act defines "agency" as "any state, regional, county, local, or municipal government entity, whether executive, judicial, or legislative; any official, officer, department, division, bureau, commission, authority, or political subdivision therein; or any public school, community college, or state university." § 112.3187(3)(a). The Act defines "employee" as "a person who performs services for, and under the control and direction of, or contracts with, an agency or independent contractor for wages or other remuneration." § 112.3187(3)(b). Thus, the Act was drafted with the intention of preventing the City, which falls under the definition of "agency," from taking retaliatory action against Igwe, who falls under both the definition of "employee" and the plain meaning of "any person," so long as the additional express requirements set forth in the Act are met. Two such requirements, which are set forth in sections 112.3187(6) and 112.3187(7), are in dispute in the instant case. We address each section in turn.

II. Igwe's disclosures were made to the correct entity under the Act

Section 112.3187(6) identifies to whom a disclosure must be made:

TO WHOM INFORMATION DISCLOSED. —The information disclosed under this section must be disclosed to any agency or federal government entity having the authority to investigate, police, manage, or otherwise remedy the violation or act, including, but not limited to, the Office of the Chief Inspector General, an agency inspector general or the employee designated as agency inspector general under s. 112.3189(1) or inspectors general under s. 20.055, the Florida Commission on Human Relations, and the whistle-blower's hotline created under s. 112.3189. However, for disclosures concerning a local governmental entity, including any regional, county, or municipal entity, special district, community college district, or school district or any political subdivision of any of the foregoing, the information must be disclosed to a chief executive officer as defined in s. 447.203(9) or other appropriate local official.

(emphasis added). Igwe's disclosures concerned the City, a "local government entity." Therefore, to comply with the this provision, he was required to make his disclosures to either the City's chief executive officer or to another "appropriate local official." The phrase, "other appropriate local official," has been interpreted to mean "an official or official entity who is affiliated with the violating governmental entity and has the authority to investigate, police, manage, or otherwise remedy the violation or act by the violating governmental entity." Rustowicz v. N. Broward Hosp. Dist., 174 So.3d 414, 424 (Fla. 4th DCA 2015) (emphasis added); see also Quintini v. Panama City Hous. Auth., 102...