Wesley F. White, Esq.

Post Office Box 17015 Fernandina Beach, FL 32035 Telephone: 904.335.8335 Email: wfwhite@gmail.com

August 2, 2013

Florida Commission on Human Relations 2009 Apalachee Parkway Suite 100 Tallahassee, Florida 32301 Complaint under Floridas Whistleblower's Act EMPLOYEE: STATE AGENCY: Bernard Albert Kruidbos, Employee ID #902923 Office of the State Attorney for the 4th Judicial Circuit

Re:

ADVERSE PERSONNEL ACTION: DATE OF ADVERSE ACTION:

Termination of Employment

July 11, 2013

Office of the Chief Inspector General: The undersigned represents Ben Kruidbos, the above-referenced employee (now former employee) of the Office of the State Attorney for the 4th Judicial Circuit (hereinafter the SAO). Contrary to the provisions of Florida Statutes 112.3187, Mr. Kruidbos was the victim of retaliatory action by the SAO on Friday, July 11, 20131 when he was terminated from employment. Mr. Kruidbos was terminated for having testified (pursuant to a subpoena) before the circuit court in and for Seminole County2, on June 6, 2013. The nature of his testimony related to the possible knowing violation, by the State of Florida (the SAO), of its reciprocal discovery obligations (under the Florida Rules of Criminal Procedure, and under Florida and federal law) in a criminal prosecution. Such a violation falls within the
1

Copy of letter terminating Mr. Kruidbos employment is attached. State v. Zimmerman, Case No. 2012-001083-CFA.

Whistle-blower Complaint August 2, 2013 Page 2 of 2

Wesley F. White, Esq.

inherent authority of the circuit court to sanction the conduct and actions of parties and attorneys before the court. The letter terminating Mr. Kruidbos makes explicit reference to his testimony of June 6th3. Prior to his testimony, he was a well-regarded employee, recently received a raise, and was considered a friend by the State Attorney. But for his testimony he would still be employed. Additionally, the action of the SAO was a violation of the law. Florida Statute 92.57 provides in part that [a] person who testifies in a judicial proceeding in response to a subpoena may not be dismissed from employment because of the nature of the persons testimony.4 Accordingly, the undersigned (on behalf of my client) formally and respectfully files this complaint and seeks all appropriate remedies available under Florida law. Sincerely,

Wesley F. White, Esq.

Encl. Letter of termination dated July 11, 2013

Cc: Angela B. Corey, State Attorney (without enclosure)

Pretextually, the letter also references additional alleged grounds for termination. Those pretextual and false allegations also constitute an adverse employment action and are likewise the subject of this complaint. 4 The cause of action afforded under the Whistle-Blower Act is in addition to any other remedies / causes of action under Florida law. Ben Kruidbos will be pursuing the remedies specifically afforded under Florida Statute 92.57 in a separate circuit court action.