Fired Auditor, Carlos Holt, Files Whistleblower Lawsuit Against City of Gainesville

BY JENNIFER CABRERA / DECEMBER 2, 2019

Former Gainesville City Auditor Carlos Holt filed suit against the City of Gainesville on November 25, accusing the city of retaliatory discharge under the Public Sector Whistle-blower’s Act.

The factual allegations in the suit lay out the events that led to Holt’s firing: He was hired as City Auditor in March 2015; in October, 2017, he issued an investigative report, as part of his job as Auditor, finding violations committed by then-City Manager Anthony Lyons; Lyons resigned in January, 2019, but stayed on in an advisory capacity until mid-February, 2019; starting in early February, 2019, mailings were sent to multiple members of the public that contained personal and private information about Holt, his wife, and his children; in April, 2019, Holt issued an audit report regarding the Reichert House, an after-school youth program owned by the city; and on June 6, 2019, Holt was fired by the City Commission.

Holt’s complaint states that he “disclosed to… the Gainesville City Commission, an investigative report substantiating violations committed by the City Manager regarding procurement and hiring issues… [and] an audit of the Reichert House that was critical of its processes.”

The Florida Whistle-blower’s Act states, “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.”

The complaint demands judgment for damages suffered by Holt as a result of his firing and also demands a jury trial. Holt is represented by Kenneth Hesser and Jennifer Kipke of Schatt Hesser McGraw in Ocala.

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WCJB: 12/3/2019: Former Gainesville City Auditor files lawsuit against the city

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Related media coverage:

4/19/2019: Gainesville City Commissioners Accept Reichert House Audit Despite Controversy

5/17/2019: City votes to cut ties with auditor
Commissioners each took turns apologizing to Holt for how his family and personal life were thrust into the public spotlight, some saying they felt he has done exceptional work. Commissioners Gail Johnson, Gigi Simmons and Helen Warren voted against terminating Holt and asked him to stay. “I am so deeply, deeply sorry that your information, and very private information about your children and your personal life, was put out there in the way that it was,” Johnson said. “That is so unacceptable and I think a stain, really, on our community.”

6/6/2019: Gainesville City Commission votes to fire city auditor without cause

6/6/2019: City cuts ties with auditor
Poe said the termination should be immediate, due to Holt’s access to sensitive information, and prolonging his departure could be dangerous.

9/16/2015: Audit finds GRU customers are overcharged

10/3/2015: Carlos Holt is making his mark -- Holt, who took over in April when Brent Godshalk retired after 33 years on the job, receives a salary of $130,000. Already, his colleagues are seeing a difference in the department. “He’s progressive and proactive and we’ve made great strides in the six months he’s been here,″ said Assistant City Auditor Eileen Marzak, who has been with the office 29 years. “His leadership has brought a refreshing vibrancy to our office, and it really has been great. He has us working together as a team and he’s capitalized on our strengths,″ she said. Holt’s biggest impact could turn out to be the new fraud hotline he hopes to launch sometime in January.

11/15/2019: State Committee Votes to Send Auditor General To Examine City Of Gainesville

Gainesville to be audited, former city auditor citing financial mismanagement

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Carlos Holt - USMC, retired

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Carlos Holt Interview for City of Gainesville Auditor 2-23-2015

Gainesville Commission Unanimous Vote for Carlos Holt as City Auditor