Linda Bolante, the long-time finance director at the Flagler County Sheriff’s Office who says she was forced to resign in March after flagging inappropriate spending by the sheriff, has filed a whistleblower lawsuit against Flagler County Sheriff Jim Manfre.
The lawsuit, which hadn’t yet been served at the Sheriff’s Office as of Thursday, focuses on “certain unethical and unlawful employment practices by Sheriff Manfre involving his personal use of public funds and county-owned vehicles,” and more particularly, “unauthorized” spending by Manfre on agency-issued credit card. The focus on ethics is apparently intended to contrast with one of Manfre’s overriding promises when he was running for sheriff—to run an agency ethically above reproach.
Bolante is seeking damages in excess of $15,000 and reinstatement at her job with lost compensation, among other things. Bolante worked at the Sheriff’s Office from July 2000 to the end of March. She announced her resignation in a letter to the sheriff in a January 23 letter in which she cited “mixed emotions.”
Sid Nowell, the Sheriff’s Office’s attorney, rejected the claims by Bolante.
“We absolutely deny the allegations contained in the complaint,” Nowell said Thursday. “We haven’t been served yet, but I have seen an unserved copy of the complaint, and I don’t see any merit to the complaint especially that of her playing the role of a whistleblower.” Bolante, Nowell said, doesn’t meet the criteria of a whistleblower. Referring to Manfre, Nowell said: “We deny that he did anything wrong, or that she suffered any adverse employment actions” as a result of the actions she describes.
According to the lawsuit, Bolante was preparing to respond to a public record request initiated by the Sheriff’s Office’s own Finance Unit for documentation on credit card purchases Manfre had made when, examining receipts, Bolante “discovered several inappropriate purchases such as multiple meals and alcoholic beverages, including those for the Sheriff’s wife and other persons who were not FCSO employees.”
On Oct. 30, Bolante, according to the complaint, met with Manfre, Staly and Nowell to inform them about the spending she believed to be “improper and not in accordance with county policy” or a section of Florida law that governs allowable costs for public officers. Staly at that meeting suggested Manfre reimburse the amount for the “improper purchases.” The next day, after Bolante had calculated the amount, she again met with Manfre, Nowell and Staly. At that meeting Manfre said his wife had spent about $1,100 in personal funds to spruce up the sheriff’s offices at the time of the inauguration. Manfre, the complaint states, “asked that these receipts be used to offset what he owed the agency for his unauthorized restaurant and entertainment purchases.” Bolante said that would be “inappropriate, and she could not ethically comply with this request,” according to the complaint.
At 7:30 that evening, Bolante sent the following email from her husband’s personal email address to Manfre, copying Staly on it: “Referring to our meeting today with the Undersheriff and Attorney Nowell as to statements made and information flowing from those, please understand that I must be and will be completely honest and forthright if and when any inquiry is made of me concerning the issues discussed, including those about the agency credit card usage and receipts provided for reimbursement by you or any other member of the Flagler County Sheriff’s Office. I intend to continue serving the FCSO and citizens of Flagler County in a professional manner with unquestioned integrity. [] I hope that you appreciate my honesty and candor on all matters related to my public responsibilities are not negotiable. [] As always I will be available to discuss this or any other matters with you.” (The text of the email does not appear in the complaint , which only alludes to it.)
The following day, Staly told Bolante that “Manfre had told him he needed to ‘be the bad guy’ and find a reason to terminate her,” the complaint states. “Undersheriff Staly told Mrs. Bolante he did not intend to do that.” For the next few months, Bolante claims Manfre’s behavior toward her changed, indicating “to her and others he was angry with her.”
In an interview Thursday, Nowell said that Bolante had not mentioned a key fact: that the independent auditors, not Bolante, had flagged the inappropriate spending.
“There was a situation where she was obligated to provide the sheriff with advice as to certain expenditures, and she failed to do that,” Nowell said. “Once the sheriff was made aware of the problem, he rectified it.”
“If anyone in the agency was doing something wrong with regards to existing policies and procedures, it was her obligation to make the appropriate people aware of that,” Nowell said. “What happened was that there was an audit by an outside agency, and they raised the issue.”
Nowell says the spending had to do with meals and drinks for Manfre and his wife as well as Staly and his wife.
Staly and Manfre were at a Florida Sheriffs’ Association training conference in early August 2013. An Oct. 31 memo Staly wrote Bolante indicates that Manfre had invited him and his wife to dinner, but that Staly was unaware that the meals–the Stalys did not drink–were paid for on a Sheriff’s Office credit card. “As the agency records will reflect and, as you know,” Staly wrote Bolante, “I have never charged a meal or asked the agency for reimbursement for any agency related business meals for myself or anyone else.” Staly notes in the memo that in six months that year he’d spent $5,750 in business meeting meals, uniform dry cleaning and other work-related items, but that he paid for it all out of his personal funds. Along with the memo he submitted a check for $71.23, reimbursing his and his wife’s portion of the meal charged to the Sheriff’s Office.
What ensued, Nowell said, “in no way was related to her separation from the agency.”
“She retired,” Nowell said, refuting Bolante’s claim—familiar to many individuals at the Sheriff’s Office who have been given the choice of retiring or getting fired since Manfre took over as sheriff two years ago—that she was forced to retire. The highest-profile name at the agency to have been given that choice was David O’Brien, a senior commander and former undersheriff, who chose retirement in March 2013 after Manfre gave him a few days to make his choice. Colleagues of ex-deputy Joe Delarosby, who committed suicide earlier this week after battling grave personal and substance abuse issues, say his retirement was also involuntary.
Bolante’s lawsuit charges that on Jan. 17, Undersheriff Rick Staly called her to his office “and informed her Sheriff Manfre had specifically instructed him to advise her she needed to resign or be fired. Undersheriff Staly told Mrs. Bolante that, if she would commit to retirement, he would protect her employment until the end of March, which would be the date her retirement benefits became fully vested. To avoid the significant financial consequences of being terminated prior to full vesting of her public service retirement benefits, Linda Bolante was essentially forced to tender a letter of resignation effective March 31, 2014.”
“I am excited and at the same time, somewhat reserved to reach the point in my life that I have completed the major milestone of 30 years of creditable service in the Florida Retirement System,” Bolante wrote in her Jan. 23 letter.She recounted her years of service at the St. Johns and Flagler sheriff’s offices, thanked “everyone” who gave her opportunities at the office and offered her assistance during the transition.
“She’s vested and she was not forced to retire,” Nowell said. Asked why Bolante would be asking for her job back, he said: “That’s a mystery to us,” adding: ““The person who is now doing the job is a highly qualified individual who is paid significantly less than Ms. Bolante, who doesn’t have nearly as many credentials as Ms. Burgess.”
Cissy Burgess, formerly Bertha, took over the finance job at the Sheriff’s Office at a salary of $69,000 a year, compared to Bolante’s $90,000 a year.
Burgess left a similar position at the Bunnell city administration, where she was one of many top administrators who exited that scene during the turmoil surrounding ex-City Manager Armando Martinez’s wrangles with the city commission. One incident that precipitated her leaving was the revelation during a public meeting by Dan Davis, at the time the city clerk, that then-police chief Jeff Hoffman was involved romantically with Burgess, and that Martinez was keeping a blind eye to it. (There was no supervisory relationship between Hoffman and Burgess, neither of whom reported to the other, as is still the case at the Sheriff’s Office.) Davis resigned at that meeting. Hoffman six months later took a job as Manfre’s chief deputy. Burgess briefly worked as the finance director in Lake Helen before joining the Sheriff’s Office, shortly after Bolante left the agency. Davis has since returned to Bunnell as deputy clerk.
Nowell said the Sheriff’s Office is facing no other lawsuit from a former employee. Manfre and Staly were given the opportunity to comment on the Bolante lawsuit. Instead, Bob Weber, the agency’s chief spokesman, issued the following statement: ““We intend to vigorously defend and refute the false allegations made by Ms. Bolante against the Sheriff, and look forward to having the opportunity to fully respond to them in Court. We will have no additional comment on this pending litigation.”
Nowell, asked whether the sheriff had acted improperly by spending agency dollars on non-employees, said: “From a public perspective, it probably is a better practice for to pay for your non-employees with private funds. I would think that that would be the better practice.”
Linda Bolante v. Sheriff Jim Manfre, Sept. 25, 2014
gadfly says
This “Sheriff” needs to go.
Joe says
Yea right…Linda retired….just like Joe chose to resign!!!!
Marc says
And so it begins…..
Enlightened says
Surprise, surprise! Not. Just another crooked politician. Hopefully this will be the end of him. I can’t wait to look him in the eye and say I told you so. What comes around goes around. God will always get you in the end if you do not play fair. Those of us he has wronged will just sit back and laugh.
Ray Thorne says
He was the Sheriff before. I’m not buying this nonsense that it was someone else’s responsibility to tell him how to use a credit card. Is he a child? You don’t use a company card for personal purchases in any business. How a lawyer/Sheriff and his counsel will defend this will be interesting.
Michael Van Buren says
Wait… Another person forced to retire or be fired? I’m shocked!
RET LEO says
I hope she wins, Manfre is a crooked Dictator.
Jackie~ says
Can’t say I’m surprised at this. And being as there were so many FCSO employees forced out I hope she wins. But sad part is Manfre doesn’t care. It’s not his money to fight litigants it’s yours “The Tax Payer”… Wake up Flagler ….
Brad says
Regardless of the “whistleblower” stuff or whether or not this woman was “forced out”; charging regular meals (and especially alcohol) to tax payers is highly inappropriate. That along with the numerous rumors of forcing others out brings the integrity of the Sheriff’s Department into question.
It’s very sad that we have these elected officials acting so irresponsibly and costing us tax payers more because of their selfish behavior. This along with the whole Kimberle Weeks issue is such a huge waste and I think both owe the County an apology and possibly resignations.
Ed says
All people who run for public office have certain common personality traits. Think about it. We need a non-politician in office.
anonymous says
Keep watching. I’m sure there’s more to come. Lets just hope the voters don’t forget all of this by the time the next election comes around. Their short memories is what got this guy elected again in the first place.
rick says
Interestingly enough, the quotes from Sydney Nowell seem pretty clear that they are admitting Manfre screwed up. Great story! I would note that Linda Bolante is the wife of St. Johns County Sheriff Under
Sheriff Joel Bolante. That speaks volumes about the frayed relationship Manfre now has with St. Johns County who are mutual aide partners. Not to mention they have hired many of the deputies manfre has forced out. Hundreds of thousands of dollars in training these deputies, they are now “gifts” to St. Johns county taxpayers on the backs of Flagler taxpayers. Thanks Jim!
John Smallberries says
If they’re running for office, they’re a politician. The position needs to be an appointed one, not an elected one.
John Smallberries says
St. Johns county isn’t a jewel in the rough either, they basically let Juratovac get a slap on the wrist for attempted murder.
anonymous says
That would be the state attorneys office, not the sheriff’s office. Remember who does what job. Juratovac was arrested. Sjso did their job.
Brad says
So you think no choice is better than choice? How is that better?
John Smallberries says
It’s not about choice, it’s about making the job not a political one. If it’s appointed, the sheriff doesn’t need to play up to the electorate by being “tough on crime” and instead can be smart about crime.
John Smallberries says
And the state attorney’s office goes easy on the cop because it’s a you scratch my back world.
just saying says
And that’s better because? FCSO would have an appointed chief like Bunnell and Daytona Beach. Chitwood is as scummy as they come and his agency is just as bad, but it’s an appointed position so the only way to remove him is to change the commission that keeps him in office. Just for reference, see where he carried a loaded firearm past TSA checkpoint a month or so ago and nothing happened.
just saying says
and the judge has to agree it’s with in the law to give that sentence. But I’m sure Judges are just as corrupt as the attorneys that are getting their marching orders from the rank and file cops.
Anonymous says
Will misfeasence in this case be reason for the Governor to remove Manfre from office? Why not keep yours, mine and ours seperate????? I just don’t understand what this Sheriff is thinking to risk this kind of reprocussions for something that never should have happened and could have been avoided. He certainly seems to have clouded judgment. It’s either that or he lacks integrity.
John Smallberries says
It’s better, assuming the appointing agency has credibility and external oversight. Considering this is florida, my guess is that it would have neither. The problem here is that law enforcement and the judicial system needs a major overhaul, but I’m not holding my breath.
John Smallberries says
They are.
biker says
We would be lucky to have real cop like Mike Chitwood as sheriff here in Flagler. The current sheriff is nothing more than a lawyer playing dress up.. This position should be based upon a nationwide search for a real law enforcement professional with verifiable experience. Not some silly popularity contest.
Rick says
Ray,
Hey, he tried ripping off the county & got caught. What does he expect already?
I’m quite sure they’ll dream up some semi-convincing, for most naive dumb asses, disease-infested line of pure BS.
Ray Thorne says
Nothing happened because he’s a cop. It wasn’t a big deal. The man walks around Daytona daily with a gun on his hip. Its a non story.
Ray Thorne says
A solution would be to create a standard that must be met before you can run for Sheriff. For example, ten years minimum law enforcement experience.
Brad says
Jonathan,
IF the position were appointed then the selection would be more political and you remove power from the electorate. That person would then be very loyal to a select few (those appointing the person) rather than the community as a whole. Those who giveth can taketh away.
Michael Van Buren says
I have known Linda for 13 or 14 years and have always known her to be an extremely dedicated and hardworking professional. Her integrity, honesty, and ethics have never been questioned to my knowledge, and certainly not by me. After reading the complaint, as well as the article; my mind is made up which where I believe the truth is. Enough said.
Kathy says
or he lacks integrity.
John Smallberries says
Yes, because look how well having an elected sheriff works.
Randa Adams says
Same thing, different sheriff. Sound familiar?
KB63 says
Manfre was with Nowell in his law firm. Of course Nowell is going to say he did nothing wrong. Nowell is representing a close friend, not the entire Sheriff’s department. Nowell is getting rich from any lawsuit filed against Manfre, isn’t there some kind of conflict here? How do we see Nowell’s bills to the Sheriff’s department? How many times a day do they chit chat at the tax payers expense?
Enter the Twighlight Zone says
How many times does the bully think he can just willy-nilly destroy people’s careers? Get lost Manfre.
My My says
The evidence of his crooked ways and partnerships also keeps mounting in yet another case of abuse, but this one has been directed at a local citizen he refuses to proetect and serve for his pals in the City of Palm Coast.
anonymous says
But the electorate can easily make a change every four years if they’re not happy with his performance.
The Truth says
During the elections I tried to tell the people of Flagler County that Manfre was no good. We had nothing but trouble with him his first term. He cost Flagler County thousands is law suits and paying for his wrong doings. Well, he’s back and has done more damage this time then his first term four years.. I have know Joe for over 20 years. We all have a breaking point. I spoke to Joe about a month ago and he was sick over problems he was having with Manfre. Manfre has ruined many lives and will ruin many,many more. He only cares about himself. He’s on a full time ego trip. John Pollinger is the man who should have been elected.Joe, I love you BROTHER, and you will be missed. No I see Manfre is being sued. Well, I could have told you that. There will be many more. At the present time he has many suits pending. More then most people know about. He was run out of Long Island. Now it’s Flagler Counties turn.
@biker, Yes, Mike Chitwood would make an excellent Sheriff. We need to get rid of this Big Mouth, Little man with a BIG EGO. He should be impeached.
We had a real cop run against Manfre and he didn’t win did he? He was John Pollinger, a cops cop. Ray Steven’s who could not win with a lottery ticket tainted Pollinger’s chance. I only wish John would have won and clean up some of the dirty politics in Flagler and some bad cops.
lena Marshal says
this man can not just kept his nose out of the news paper! I think he enjoys his authority too much ,
poor SId nowell.
lena Marshal says
well, the people of Flagler County keep voting him in this position and the other one wasn’t much better.
Help the people of Flagler County
tulip says
I wonder if Staly and Pollinger will run in 2016?
jp says
Crooked….another public official thinking tax payers money is for their personal uses…
Outsider says
Has anyone considered a recall election of the sheriff???
Toni Baker, Previous Candidate for School Board says
LOL Ed, I tried and no one helped. Those few who showed up to the forums weren’t enough!