WILLIAM Rick HORD V Okaloosa County Sheriff Larry Ashley Amended Lawsuit Complaint 06-30-2011

Case 3:11-cv-00307-MCR-CJK Document 1-1 Filed 06/30/11 Page 1 of 23
IN THE CffiCUIT COURT IN AND FOR OKALOOSA COUNTY, FLORIDA

WILLIAM F. HORD, JONATHAN BUSH,
&JOHNLEE,
Plaintiffs;
v.
LARRY ASHLEY, individually, and
in his official capacity as SHERIFF
OF OKALOOSA COUNTY
&
Rick Scott as GOVERNOR OF
THE STATE OF FLORIDA,
for use and benefit of
WILLIAM F. HORD, JONATHAN BUSH,
&JOHN LEE,
v.
WESTERN SURETY COMPANY,
As Surety of Larry Ashley, in his official capacity
as SHERIFF OF OKALOOSA COUNTY
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ 1
AMENDED COMPLAINT
Plaintiffs WILLIAM F. HORD, JONATHAN BUSH & JOHN LEE, individually and
through Rick Scott as GOVERNOR OF THE STATE OF FLORIDA for their use and benefit,
sue LARRY ASHLEY, individually, and in his official capacity as SHERRIFF OF OKALOOSA
COUNTY and say:
1. This is an action for damages for violation of civil rights granted under the laws
and Constitution of Florida that exceed $15,000.
EXHIBIT
lA
2. The events at issue occurred and the action resulting accrued in Okaloosa County.
3. Venue and jurisdiction are proper in this Court.
General Allegations
4. Plaintiffs were long term officers and employees of the Okaloosa Sheriff's Office
as deputies with exemplary records, and who had served in several administrations.
5. In 2010, Defendant LARRY ASHLEY was a candidate for the office of Sheriff of
Okaloosa County, and was opposed in his seeking of that office by WILLIAM F. HORD ("Rick"
Hord) in the primary election, and also opposed by candidate Steve Menchel, among others.
6. Prior to and during the primary election, Larry Ashley was Chief Deputy to the
OCSO, and had day to day administrative authority over all or nearly all the operations of the
Sheriff's office.
7. Each of the Plaintiffs supported other candidates for the office of Sheriff during
the primary election.
8. During the primary campaign, JOHN LEE was asked by Captain Peacock to
conduct and report an inspection with regard to violations of policy standards for accreditation of
the Crestview courthouse security. Mr. Lee performed the inspection and reported his results via
email to Captain Peacock. Mr. Lee's report did not reflect well on the compliance with the
policies necessary to assure accreditation. This inspection report became a matter of some
controversy for Ashley's campaign for office.
9. Failure to maintain standards of required security at the Crestview courthouse
represented an ongoing threat to public safety.
10. Rick Hord returned to work as a deputy Sheriff in September, after the primary
election, as Supervisor of the evidence section.
11. Mr. Hord was told by Captain Peacock about a case of an arrest made on a drug
charge for which an existing FDLE lab report showing "no drugs" in evidence but which had had
been in Okaloosa County Sheriffs Office ("OCSO") files for approximately one month prior to
the arrest.
12. Captain Peacock tasked Mr. Hord to develop a policy and procedure to prevent
recurrence of that kind of evidence and arrest error.
13. Based upon his review of the incidents of concern, Mr. Hord wrote a report and
policy recommendation specifying that the Evidence Supervisor should regularly review all
FDLE Lab Reports. Mr. Hord then sent the recommended policy to Capt. Peacock by e-mail,
who approved it.
14. Mr. Hord then began reviewing old evidence for a purge list, and discovered other
FDLE lab reports that had been ignored. Mr. Hord then began to prepare a written list of old
FDLE evidence reports in cases showing invalid or ignored evidence and informed Inspector
Ron Gay of several cases, some involving DNA, and a case of fmgerprint evidence involving
theft of a firearm, which had been identified at the scene, but had been ignored in OCSO files
long enough for the statute of limitations to expire, and a shoplifting with DNA evidence that
FDLE had matched to a suspect.
15. In the case of the ignored firearm report, the fingerprints were of was a suspect
with whom the Sheriffs Office had subsequent contact on many occasions. Mr. Hord reported
that latter issue both by e-mail to Ron Gay on Thursday, November 4.
16. The cause of the lack of evidence review was a systemic policy failure in not
requiring regular review and assessment ofFDLE reports, not isolated events, which indicated
likely ongoing gross mismanagement, malfeasance, or misfeasance, and gross waste of public
funds on arrests without evidentiary support, or proper arrests that were not made based on
evidence ignored, wasted prosecutions or prosecutions barred by limitations periods, and
additional manpower to re-investigate or re-try valid prosecutions and arrests because of these
systemic investigatory lapses.
17. Lack of appropriate and timely review ofFDLE evidence reports by OCSO law
enforcement personnel presented a threat to public safety as a person involved with a stolen
firearm was not identified nor the missing firearm made the subject of a lawful search based on
the failure to review available evidence reports.
18. Lack of appropriate and timely review of such FDLE evidence reports had
resulted in an unsupportable arrest on drug charges, improperly infringing the liberty of a citizen,
and wasting law enforcement and prosecutorial resources.
19. During the primary campaign JONATHAN BUSH was asked to compile public
records of firearms qualifications requested by then Sheriff candidate Menchel. Candidate
Menchel made numerous public records requests throughout his campaign on various topics.
20. Prior to the request, Mr. Bush had in fact already compiled such information in a
spreadsheet to determine the last time personnel who had agency rifles had properly qualified.
Mr. Bush's spreadsheet report indicated that no one had qualified within the agency policy or
accreditation required time period.
21. Lack of adequate firearms training presents a threat to the health and safety of
sheriffs deputies and the public at large.
22. The lapse in firearms qualifications was not isolated, or incidental but was
systemic, indicating ongoing gross mismanagement, malfeasance, or misfeasance.
23. Mr. Bush brought his spreadsheet findings on rifle qualification lapses to Capt
Peacock's attention in regard to Candidate Menchel's request. Captain Peacock directed Bush to
limit response to a more narrow set of documents requested by Menchel, rather than including
the spreadsheet on rifle qualification lapses that was already prepared and related to the topic of
his request.
24. Mr. Bush did what he was directed, but when asked by Menchel, he outlined the
existing spreadsheet findings to him. The question of such firearms qualifications became an
issue in the campaign for the Sheriffs office.
25. On November 2, 2010, Mr. Ashley won election as SheriffofOkaloosa County,
was sworn in on November 8, 2010, and started his first full day of work November 9, 2010.
26. On November 9, 2010, Mr. Hord, Mr. Bush and Mr. Lee were informed that they
were to be terminated.
27. Within hours of arriving on premises with the legal authority to do so as newly
elected Sheriff of Okaloosa County, Larry Ashley terminated all three Plaintiffs, without due
notice or hearing.
28. On or about November 19,2010 each of the Plaintiffs sought benefit of a general
statutory review proceeding applying to sheriffs deputies under Chapter 30, Florida Statutes to
contest their termination, which they deemed to be motivated by retaliation directed at their
political or presumed political activities during the election, or protected whistle-blowing
activities during and after that election campaign.
29. Plaintiffs were not provided the Chapter 30 statutory review proceeding.
30. By a Special Act of the Florida Legislature, Okaloosa County Sheriffs deputies
are particularly entitled to a review Board established under that Act as to grounds for their
termination.
31. The Special Act was in force at all times material to this action, at the time of
filing of this lawsuit and at the time of this Amended Complaint.
32. Larry Ashley lobbied the Legislature and obtained a prospective repeal of the
Special Act after notice of the Plaintiffs claims and in an attempt to defeat their vested claims to
protection ofthe review process, and thus was clearly aware of its binding nature as clearly
established law.
33. The Special Act repeal procured by Larry Ashley is, by its terms, not a law until
at least July 2, 2011, and any action depending thereon is therefore timely by the Initial
Complaint herein and jurisdiction to determine rights under the Special Act was been duly
invoked while it was in force and remains binding upon Larry Ashley.
34. Plaintiffs were not provided the review Board under the Special Act.
35. Larry Ashley attempted to reverse his termination of the Plaintiffs by sending
them a
11
reinstatement
11
but which simultaneously demoted each of them to a lower rank and
compensation.
36. In conjunction with the demotion, Ashley made public statements demeaning of
the Plaintiffs good character indicating, in addition to the fact of demotion and reduction in pay,
that the offer was not made in good faith, but was merely a pretext for continued retaliation
against them by other means. Copies of the statements as reported by the Northwest Florida
Daily News are attached hereto as EXHIBIT A.
3 7. Larry Ashley terminated the Plaintiffs in violation of law, without complying with
due process required by law and in derogation of the law and duties of his new Office of Sheriff
in that regard, such that the actions were personal and not official in nature, since there was no
meaningful time in office for a lawful and official determination to be made according to the
processes of law provided therefor, this action was the product of personal animus toward the
Plaintiffs as a result of their constitutionally and statutorily protected activities and not a
consequence of any legitimate, good faith selection criteria.
COUNT/
Action for Violation of Florida Whistleblower Act,
112.3187, et seq. Florida Statutes.
38. The allegations of Paragraphs 1- 24 are incorporated herein as part of this cause
of action.
39. The OCSO is an "agency" within the meaning of 112.3187, et seq. Florida
Statutes.
40. The Plaintiffs are "employees" of the OCSO within the meaning of 112.3187, et
seq. Florida Statutes.
41. Each of the Plaintiffs disclosed, in a written form, information that is protected by
of 112.3187, et seq. Florida Statutes.
42. As a result of the Ashley's unlawful acts, the Plaintiffs have each been damaged.
43. Plaintiffs are entitled by 112.3187(9)(d) Florida Statutes to recover their
reasonable costs incurred in seeking remedies under of 112.3187, et seq. Florida Statutes.
44. Plaintiffs have hired the undersigned attorneys and are obligated to pay a
reasonable fee for their services.
WHEREFORE Plaintiffs demand judgment in their favor and against the Defendant
Larry Ashley, individually
1
, AND in his official capacity, finding him in violation of 112.3187,
et seq. Florida Statutes, for an award of their damages incurred by the violation, and an award of
their reasonable cost and attorney's fees incurred in this action, and for such other and further
relief as may to the Court seem just and proper.
COUNT/I
Action for Declaratory and Supplemental Relief
for Violation of Florida Constitution, Art. 1, 9
Denial of Due Process
45. The allegations of Paragraphs 1- 24 are incorporated herein as part of this cause
of action.
46. Plaintiffs were entitled under Chapter 30, Florida Statutes to a review hearing to
protect them from unlawful and unconstitutional infringement of their rights to free speech,
association and political participation.
47. Plaintiffs were entitled under Chapter 30 to a review process to protect them from
discriminatory adverse employment actions because of their participation in protected whistle-
blowing activities, which also constitute petitions for redress of grievance.
48. Plaintiffs were entitled to the protection of their liberty and property interest in
their employment as Deputy Sheriffs of Okaloosa County by the provisions of Chapter 30, Fla.
Stat. and the review hearing established by Laws of Florida, Chapter 81-442, (as amended, Ch.
85-472) ("Special Act") which applies to the Okaloosa County Sheriffs office and was enacted
for the purpose of protecting and sheriffs deputy from arbitrary and unlawful termination.
1
No Florida court has yet held individual liability to be excluded from the statutory claim.
49. Plaintiffs were denied their Chapter 30 review board to determine the basis for
their termination.
50. Plaintiffs were not timely informed of their rights to the Special Act review board
proceeding until after they had been discharged, and were denied that proceeding as well.
51. Larry Ashley's offer to reinstate the Plaintiffs in a reduced rank and compensation
was made in such patent bad faith, merely to avoid the demands of law and the required due
process incident to their termination, that it was a mere pretext or subterfuge intended to compel
a constructive discharge.
52. Plaintiffs were discharged or constructively discharged as a result of Larry
Ashley's bad faith evasion of the clearly established requirements of Florida law by the
attempted reversal of terminations into summary demotions without the benefit of the due
process oflaw.
53. As a result of the denial of due process the Plaintiffs have been damaged.
54. Plaintiffs are entitled to declaratory relief under Sectioi186.011(1 & 2), Fla. Stat.
that Larry Ashley violated the Plaintiff's due process rights and caused their unlawful discharge
or constructive discharge.
55. Plaintiffs are entitled to supplemental relief under Section 86.011(2), Fla. Stat.
in the form of an order or writ of mandamus compelling the process hearings which they are due,
for their back wages for the period of unlawful discharge without due process, for reinstatement
and continuing pay pending the accomplishment of due process, and for their attorney's fees in
recovering unpaid wages pursuant to Section 448.08, Fla. Stat.
WHEREFORE Plaintiff's demand declaratory judgment and supplemental relief pursuant
Section 86.011, Fla. Stat.,
1. declaring that they were unlawfully discharged in violation of due process
granted them by the Florida Constitution and the laws of the State of Florida;
2. for an order mandating the review proceedings required by Chapter 30,
Florida Statutes, and the Special Act governing the Sheriffs Office or Okaloosa County
to determine the propriety of the Sheriffs Ashley's actions toward them as it relates to
their respective political activities and the cause for their termination pursuant to law, and
maintaining jurisdiction thereof to ensure the due regularity of said proceedings until
concluded and finally determined;
3. reinstating them at full rank and compensation pending the completion of
due review proceedings;
4. for damages from the violation of their due process rights;
5. for award of their unpaid back pay for the period of their unlawful
dismissal without due process;
6. for continuing pay pending the conclusion of the due process that they are
entitled to;
7. for an award of their attorney's fees incurred in recovering their unpaid
wages pursuant to Section 448.08 Fla. Stat.
COUNTlll
Action for Violation of Civil Rights, 42 U.S.C. 1983
56. The allegations of Paragraphs 1-37 & 46-53 are incorporated herein as part of
this cause of action.
57. Plaintiffs had a property right in their employment by the statutory grant of
Chapter 30, Florida Statutes (review proceedings), and by the Special Act review proceedings
applying to the Okaloosa County Sheriffs Office.
58. Larry Ashley at all times material to this action was acting under color of State
law as Sheriff of Okaloosa County.
59. Chapter 30 review proceedings and the Special Act review proceedings were
clearly established law.
60. Larry Ashley subjected or caused the plaintiff to be subjected to a deprivation of
their rights to due process under the Fourteenth Amendment to the Constitution of the United
states:
a. in their right of property in employment protected by Florida law, and
b. in their rights of liberty by way of vindication that the review proceedings
provided by law would clear their names from vile calumny uttered falsely and publicly
by Larry Ashley against them.
61. As a result of Larry Ashley's violation of clearly established state law depriving
Plaintiffs of their rights to due process protecting their property right to employment and
protecting their liberty interest in their good names the Plaintiffs have been damaged.
62. Plaintiffs have hired the undersigned counsel and are obligated to pay a
reasonable fee for their services.
63. Plaintiffs are entitled to seek and recover their attorney's fees pursuant to 42
U.S.C. 1988 if they prevail in this action.
WHEREFORE Plaintiffs demand declaratory judgment and supplemental relief
pursuant 42 U.S.C. 1983:
1. declaring that they were unlawfully discharged in violation of due process
guaranteed them by the Constitution of the United States and under the laws of the State
of Florida;
2. reinstating them at full rank and compensation pending the completion of
due review proceedings, or, in the alternative, for continuing or front pay to the ordinary
conclusion of their employment but for the unlawful acts by the Defendant;
3. for award oftheir damages against Larry Ashley, individually, from the
violation of their due process rights;
4. for award of their unpaid back pay for the period of their unlawful
deprivation of due process;
5. for an award of their attorney's fees pursuant to 42 U.S.C. 1988.
COUNT V
Derivative Action On Sheriffs Surety Bond
By Rick Scott, Governor Of Florida, For Use And Benefit Of
WILLIAM F. HORD, JONATHAN BUSH, & JOHN LEE
64. The allegations of Paragraphs 1-36 & 46-53 are incorporated herein as part of this
cause of action.
65. As condition of service in the Office of Sheriff of Okaloosa County, Larry Ashley
posted a Bond with the Clerk of Court Okaloosa County pursuant to Section 30.02, Florida
Statutes.
66. The bond is required by the statute to be made out to the Governor of the State of
Florida for the "faithful discharge of the duties of his or her office" of the Sheriff of Okaloosa
County.
67. Larry Ashley filed bond with the Clerk of Court Okaloosa County attested and
secured by the surety of WESTERN SURETY COMPANY, a copy of which bond and
acknowledgment of surety are attached hereto as EXHIBIT B.
68. Larry Ashley has failed to perform the duties of the Sheriff ofOkaloosa County in
regard to Chapter 30 review proceedings and Special Act review proceedings that were required
ofhim by law.
69. Plaintiffs were damaged by Larry Ashley's failure to faithfully discharge his
duties as Sheriff of Okaloosa County in providing the respective review proceedings mandated
by law.
70. Plaintiffs are entitled under Florida law to recover from the surety ofthe Sheriffs
bond, derivatively through the Governor of the State of Florida, the amount of their damages
sustained from each occurrence of the Sheriffs failure to perform his duties.
71. Plaintiffs are entitled under Section 627.248, Fla. Stat. to an award of their
reasonable attorney's fees incurred in bringing suit if they recover under the surety bond.
72. Plaintiffs have hired the undersigned counsel to prosecute this action and are
obligated to pay a reasonable fee for their services.
WHEREFORE Plaintiffs respectfully request the Court to find in their favor as to Larry
Ashley's violation of the terms of his bond as Sheriff and award them against the bond surety the
amount of their damages sustained from his failure to faithfully discharge his duties, for an
award of their attorney's fees incurred in bringing this action and for such other and further relief
may to the Court seem just and proper.
Demand for Jury Trial
Plaintiffs demand trial by jury on all issues so triable.
~ ~
GEORGE R. MEAD, II
Florida Bar No. 096490
MOORE, HILL & WESTMORELAND
220 West Garden Street, 9th Floor
Pensacola, FL 32501
Phone: (850) 434-3541
Facsimile: (850) 435-7899
Counsel for Plaintiff
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S.
Mail, postage prepaid, to MarshaL. Weaver, Okaloosa County Sheriff's Office, 1250 Eglin Parkway,
Shalimar, FL 32579 and R.W. Evans, Esquire, Allen, Norton & Blue, P.A., 906 North Monroe Street,
Suite 100, Tallahassee, Florida 32303 o n ~
GE R.MEAD,ll
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12/2/2010 8:49 M
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2 of4
Ashley: 'I have not changed my
opinion about these individuals'
(LETTER, PHOTO GALLERIES)
.C.!l!!m!!I.IL__Q
December 01, 201 o 1 :02 PM
Tom McJ rn"ln
Dalt{NIIM
SHALIMAR- "A number or factors hiM! convinced nev.iy swam
Okaloosa County Sheriff LIWI)' Ashley 1o clwlge lis mind about
terminating fiw level deputies he failed lo retain upon
lis swearing in Nov. 9.
In letters dated Nov. 29, A11iey il'llliled the f11111 deputies to report
lo his offtce on Friday lo be swam In lnl sign a loyaty oath. Their
sta1ua as active employees would become effactiw Monday.
R!ld a CODY of the letter
PHOTO GAURY: Deputies. po!H mam bers sworn In bv
DIW !htrtfl!
PHOTO GALLERY: l.llny Ashley sworn In I! new sheriff"
Sgts. Rick Hard, Jotvl Lee, Jon. Bush, Keith VIMl Dyke and Cpl.
Mark Hllfner all receilll!d letters staing a number of factors had
male Ashley decide "Ia IIICOnsider his decision not to continue
your appointment as a deputy.
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Ashley: '! haye not changed mv ooinlon
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If they accept the jobs being offered, all five men would be
stripped of their former IWlk and subjected 1o pay cuts, said Eric
Meade, a Pensacola attorney nitained by Hard, Lee and Bush.
Meade said none of his clients have male a dSCision about
whether they wciAd accept Ashley's offer.
UPDATED: Th!!!e=vehic!e wreck kills
roadwor!s estimated at $125,000 <PHOTO
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Van Dyke has accepted a sevarance package from the Sheriff's
Office and Hllner has not kept in contact with the Sheriff's Office,
according lo Undersheriff Don Adams.
Hard, Lee and Bush are presently on paid administraliva leave,
Ashley said.
Man charged with possession of drugs he
didn1 know he had
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---- -
If they don't show up to be swam in Friday they will be considered absent from duty and could be fired on that
basis.
If they don't accept the tiiii'TIS of his offer, he said, they can resign.
Ashley, who met 'Mill a ntporter late Wednesday afternoon, said his gesture does not mean he has suddenly
regained trust for the employees he chose not to retain.
"I have not changed my opirion about these Individuals," he slid.
He said he decided lo nttire the fiva deputies lifter his staff attorney uncovared an obscure 1981 piece of
ihal obligate him lo create a fMHnember review board lo hear appeals of tennination requested
by Hard, Lee and B111h.
The three allege they were termillllted for political reasons.
The five-member board woW! '-to include two members elected from within the Sheriffs Office ranks, a colllfy
and lime consuming procesa, Ashley Slid.
He Mid though he fell"camfortable" he could prelllil in the appeals process, he thought it only fair, in the absence
of a l.wftJiy hliaing bead, to retire the filii! deputies.
"As much as I lwlle lo do R, I'm bringing them back. They can prove me right or prove me wrong; he said. "And if
they all wwlllo come in here and relign, I'U givalhem all their sewnn:e."
personal gain," Aa!Hy llld. "Thole people - aelfish. I still do not ha\111 confidence In those individuals."
Hard, Lee, Bush, VIMl Dyka n Hlfnerleamed lheywctJd not be retained by Ashley on Nov. 9,1he day the rest of
the Sheriff's Offloe'a cettifl8d Dffil;ers swore their loyalty lo Aahley.
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12/2/2010 9:15 A
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2of3
Ashley: 'I have not changed my
opinion about these individuals'
(LETTER, PHOTO GALLERIES)
Decermer 01, 201 0 1 :02 PM

Daily News
SHALIMAR - A number of factors halie convinced nev.ly swam
Okaloosa County Sheriff Leny Astley to change his mind about
terminaing five sl4)en.isory level deputies he failed to retain upon
his swearing in Nov, 9. -
In letlers dated Nov. 29, Aatiey invited the frve deputies to report
to tis office on Friday to be in .ulsign a loyally oalh. Their
status as active employee would become effective Monday.
Bead s copy of ttl! Iauer
PHQN GALLER't; Deputies. DOfH members sworn In bv
new sheriff
PHOTO GAU.ERY: Larry Ashley sworn In new sheriff
Sgts. Rick Hord, John Lee, Jon Bush, Keith Van Dyke and Cpl.
Malk Hliner aJ received letters slating a number of factors had
made Aahley decide "to reconsider his decision not to continue
your appointment as a depUiy.'
If they accept the jobs being offered, all frve men would be
stripped of their former l'lW1k and subjected to pay cuts, said Eric
Meale, a Pensacola altorney retained by Hord, Lee and Bush.
Meale said none of his clients have male a decision aboul
whether they would accepl Ashley's offer.
Van Dyke has accepted IIi aeverance package from the Sheriff's
Office and Hltner has not kepi in conlact with the Sheriff's Office,
according to Undersheriff Don Adams.
Hord, Lee and Bush are presenUy on paid administrative leave,
Ashley Hid.
If they don't show up to be in Friday they will be considered
absent from duty and colid be fired on thal basis.
If they don't accept the terms of his offer, he said, they can resign.
File phob
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_Pollee Charge man In Walton Academy
School burojary !PHOTOS!
Pel!!on student ajtk:altv tolured: wmck
under invesllgatlon
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!
Ashley, who met v.4th a reportar late Wednesday afternoon, laid his gesture does not mean he has suddenly
regained tNst for the employees he chou not to retain.
"I have not changed my opinion about these individuals," he said.
He said he decided to retire the f111e deputies after his staff attorney uncovered an obscure 1981 piece of
legislation thai v.ould obligate tim to create a five-member review board to hear appalls of termination requested
by Hord, Lee lnl Bush.
The three allege they were terminaled for political reasons.
The liw-member board wa!Jd have to include two members elected from v.4tlin the Sheriff's Office ranks, a cosUy
and time corwumlng proceu, Ashley said.
He said though he felt "comfortable" he could prevail in the appeals process; he thought it oniy fair, in the absence
of a lawfully construcled t..ing board, to rehire the five depwes.
"As much as I hale to do it, I'm bringing them back. They can prove me right or prove me wrong; he said. "And If
they all w.1l to come in here end resign, I'U give them all their severence."
For the first time, Ashley commented on Iii reasorw for letting Hord, Bush, Lee, Van Dyke and Hltner go.
"11/ink those individuals are selfish and self centered; he said. "You have to have some unily."
"I felt like v.4th all that occurred, with the investigation and the Bll'ests, all of the audits and losing two officers to
violent dealhl, 99 percent of this agency came together and did their jobs and 1 percent exploited the situation for
personal gain," Ashley Hid. "Those people are selfish. I still do not have confidence In those individuals."
Hord, Lee, Bush,. Van Dyke IWid Hafner lean'led they woUd not be retained by Ashley on Nov. 9, lhe day the rest of
the Sheriff's Office' certified Qffarsswore their loyalty to Ashley.
Undersheriff Don Ad.-n laid at the time that the terminations had nothing to do with "specifiC acts."
"ObvioUIIV. we have to make il cultural chanae." Adams said. "The new sheriff needs to be able to have faith in all
12/2/2010 9:15 M
December 15,2010
Karen Rossi
Board of County Commissioners
1804 Lewis Turner Blvd.
Fort Walton Beach, FL 32547
Dear Karen:
Okaloosa County
Enforcement Service &

....
Enclosed is Sheriff Ashley's public official bond which needs to be approved by the Board of
County Commissioners and filed with the Department of State. If you have any questions,
please let me know.
Thanks for your help.
Sincerely,
Debbie Barrineau
Executive Assistant
enclosure
EXHIBIT
D 1250 N. Eglin Parkway, Shalimar, FL 32579-1234 *Phone (850) 65"1-7410 *Fax (850) 609-3048
0 296 Brackin Street, Crestview, FL 32539-2909 *Phone (850) 689-5650 * Fax (850) 689-5556
"The Okaloosa County Sheriff's Office provides equal access and equal
opportunity in employment and services and does not discriminate"
*Hunt Insurance Group, LLC
December 6, 2010
Ms. Debbie Barrineau
Okaloosa County Sheriffs Office
1250 N. Eglin Parkway
Shalimar, FL 32579-1234
RE: Sheriffs Public Official Bond (#71028280)
Effective Date: November 8, 201 0
Dear Debbie:
3606 Ma.clay Boulevard South, Tallahassee, FL 32312
Mail To: PO Box 12909, Tallahassee, fL 323172909
Q) (850) 385-3636
Q) (800) 763--4868
il (850) 385-212-i
Please find enclosed public official bond and invoice for Sheriff Larry Ashley effective
November 8, 2010. The Sheriff will need to present the bond to the County
Commission, have it approved, and filed with the Department of State. Let me know if
you have any questions and co.ngratulations to the new Sheriff.
Sincerely,
HUNT INSURANCE GROUP, LLC
~ . ~ ~ { \ ~ ~
Wendy M. ~ o s s .1csR
Account Manager
/wmr
enc
Celebrating 65 years in the insurance industry "Our Experience is Our Strength"
\VESTERNSURETYCOMPANY
P.O. Bo:< 5077
,!til 8 CJHC!FAS\I!JFFWFHHIIF Mi&,lflri
71028280
Sioux Falls, SD 57117-5077
(605) 336-0850
"'"""'' Bond No.
Effective Date: -'2,.,.0,_1,_0"'-----
County of
Western Surety Company

State of Florida
Secretary of State
Division ofElections
500 South Bronough Street, Room 316
Tallahassee, Florida 32399-0250
Public Official Bond
KNOW AIL .P.ER.SONS BY THESE PRESENTS, That we, ----------=L.,a;,:r:,::Z}:+- ' ,.,.A..::s7' h'""l e:.:e=-'._ l_. ___ ___ _
(Officio/'s Nome)
as Principal, and
WESTERN SURETY COMPANY
as Surety, are bound unto the Governor of the State of Florida, and his successors in office, in the sum of
L..l_Q_. 000. 00
--------------- --Dollars, we hereby bind ourselves and each of our heirs, executors,
administrators, successors and assigns, jointly and severally.
'HE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas, said official was
elected appointed 0 Okaloosa Co:unty Board .ot Commissioners
(Nomeo{Ojfice)
to hold this office for
a tel'm beginning e, ""m""' b::..: e=r=--,_8 ...... -=2'-" 0-=1...,0'- _ . and ending - - --'N=o .... _ _ and until his/her
successOr is qualified according to the Con11titution and Laws of the State of Florida.
NOW, THEREFORE, If the official shall faithf1.dly perform the duties of their office as provided by law, this obligation is void.
Signed and Sealed this __ day of
November

(SigiiQlure of Official)
.2010
101 'South Phil.lips Avenue
Si o ux Fa lls. SD 571 04 - 6703
(Address of MClin S11rety Company)
HUNT INSURANCE GROUP, INC .
(Nome of Loco/ Bonding Compan.y)
P . 0. BOX 12909
Ta l lahasse e, FL 32317 - 2909

STATE OF SOUTH DAKOTA
County of
' ' .. :: . . . .
ACKNOWLEDGME!'fT OF SURETY
(Corporate Offlcer)
On this ________ dayor __
:;, .
1 "
:.
...
. .. : : .: . . . . :
..
_..::2:..:0:...l..c0=-- before me, a Notary Public in
and for said County, personally ''"'" . ----:- --:-----------:-:=--..,---=---==-
personally known to me, who .being by me duly sworn, di.d,.say that . he is the afo!esaid officer of WESTERN SURETY
COMPANY, a corporation duly orga.nh.ed and existing under the laws-of the State of South Dakota, that the seal affixed to the
is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on
behalf o! said by authority of ita Board of Directors, and further acknowledge that the said instrument and the
th.areof to l:e the voluntary act and deed of said corporation.
IN Wl'INESS WHEREOF, 1 have hereunto subscribed my name and affixed my official seal the day and year last above
written.
con:..rr.iss10n expiret<
C. LANGDON
My Commission Expires 12-72014
I
form 1 03-12-98
...
I ...
.. . ".;/
. . , :: :
. ...... l'
- .
' .. ..
If.' . .-
Notary Public
Western Surety Company
POWER OF ATIORNEY
KNOW All MEN BY THESE PRESENTS:
That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and
authorized and licensed to do business in the States of Alabama, Alaska, Arizona. Arkansas, California, Colorado, Connecticut,
Delaware, District of Columbia, Florida, Georgia. Hawaii, Idaho, Illinois, Indiana, Iowa. Kansas, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey,
New Mexico, New York. North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina,
South Dakota, Tennessee, Texas. Utah, Vermont, Virginia, Washington, West Virginia. Wisconsin, Wyoming, and the United
States of America, does hereby make, constitute and appoint
L Mock of Sioux Falls
State of South Dakota , with limited authority, its true and lawful Attorney-in-Fact, with full power and
authority hereby conferred to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the
following bond;
One SHERIFF OKAioQOSA COUNTY BOARD iiF ("OMMTSSTONRRS
bond with bond number ..... z .... a..._o ___ _ _ _
furLARRY ASHLW&--- ------------- --------------------------
as Principal in the penalty amount not to exceed: $1 o, o o o . o o
Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the of Western Surety Company
duly adopted and now In force, to-wit:
Se.cUon 7. All bonds. policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate
name of the Company by the President. Secretary, any Assistant Secretary, Treasurer, or Vice President, or by such other officers as the
Board of Directors may authorize. The President, a:ny Vice President. Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys-In-Fact or agents who shall have authority to issue bonds, policies, or undertakings In the name of the Company. The eorporate seal Is
not necessary for the validity of any bonds, policies, undertakings, Powers of Att.omey or other obligations of the corporation. The signature of any
such officer and the corporate seal may be printed by facsimile.
In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its
Senior Vice President._ with the corporate seal affixed this 19th day of
-2010
ATTEST
a .
A. Vietor, Assistant Secretary
STATE OF SOUTH DAKOTA }
ss
COUNTY OF MINNEHAHA

Paul T. Bruflat. nlor Vice President
.
'/\ .. *'"
............ c
0 ......
ft ft
IT.J'I ,_.._
... ,.._,, -v::
::.,g(J'
Sw; tz:
"
'S *\ A"/*
'\ . ...

............ o

On this
.. ...
19th day of 2 010 , before me, a Notary Public, personally appeared
Paul T. Bruflat and A. Vietor .
who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senjor Vice President
and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowl!!!dged said instrument to be the
voluntary act and deed of said Corporation.

$ #
$ D. KRELL $
PUBLIC@$
I SOUTH DAKOTA #
# I

My Commission Expires November 30, 2012
Form 672-9-2006
Notary Public

WILLIAM Rick HORD V Okaloosa County Sheriff Larry Ashley Amended Lawsuit Complaint 06-30-2011

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WILLIAM Rick HORD V Okaloosa County Sheriff Larry Ashley Amended Lawsuit Complaint 06-30-2011

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Case 3:11-cv-00307-MCR-CJK Document 1-1 Filed 06/30/11 Page 1 of 23

IN THE CffiCUIT COURT IN AND FOR OKALOOSA COUNTY, FLORIDA

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