Legal Opinion · Dissent

Caldwell v. Florida Department of Elder Affairs

District Court of Appeal of Florida

Decided April 22, 2013No. 1D12-163Published

1DissentBenton, C.J.

Under governing statutes and rules, the Commission’s role is to investigate public *1065sector whistleblowers’ complaints and to advocate for public employee whistleblow-ers who have been subjected to retaliation. In the present case, the Commission failed to fulfill its roles as investigator and advocate, and acted instead as judge, jury and executioner. The express “intent of the Legislature [is] to prevent agencies ... 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…

2Cases cited22 opinions

  1. Federal Express Corp. v. HoloweckiSupreme Court of the United States · 2008
  2. Lerner v. Fleet Bank, N.A.Court of Appeals for the Second Circuit · 2003
  3. Williams v. CSX Transportation Co.Court of Appeals for the Sixth Circuit · 2011
  4. Hazel M. DAVIS, Plaintiff-Appellant, v. SODEXHO, CUMBERLAND COLLEGE CAFETERIA, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1998
  5. Garcia v. Department of Homeland SecurityCourt of Appeals for the Federal Circuit · 2006

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