Winter Springs to strengthen whistleblower protections after anonymous complaint

City attorney warns some added protections could run afoul of City Charter, state law and could cost ‘a hell of a lot of time and resources.’

Winter Springs will strengthen protections for whistleblowers after an anonymous email alleged some city employees were taking work vehicles home.

Winter Springs City Commissioner Mark Caruso asked the City Commission to expand its whistleblower policy. The City Commission already passed an anti-fraud policy in 2023, one of the recommendations from an audit. 

Mark Caruso Winter Springs whistleblower
Winter Springs Commissioner Mark Caruso, who once acted as a whistleblower while a Florida Department of Corrections officer, wants to see stronger protections for whistleblowers in Winter Springs.

“We have staff who came forward, and they need to be protected,” Caruso said. “Our current policy is not strong enough. The policy that I offered the commission to look at strengthens it, and it holds more people accountable.”

Caruso, a former Florida Department of Corrections officer, is himself a whistleblower. Check here to read Winter Springs’ current policy.

See Caruso’s video here

“They’re going to get retaliation, I know it,” Caruso said in a later social media post. “I am a whistleblower for the Department of Corrections, and I’ve been through a lot of this stuff through the years, so I know how to help people.”

What the anonymous email alleges

The email, sent on Sept. 15, was addressed to the entire Winter Springs City Commission. It came from a Proton email account, an encrypted, privacy-focused email service, that can help shield an emailer’s identity. 

The email said several Winter Springs employees have been “taking city vehicles home for several years, using city-bought fuel, causing high maintenance, and potentially an insurance risk. Some of these vehicles do not have GPS monitoring so City Manager Kevin Sweet will deny this is happening when in fact he authorizes it.”

The email also contained photos of parked vehicles at homes. Oviedo Community News is not naming the employees mentioned in the emails because the investigation is ongoing. 

“Nepotism runs rampant at City Hall,” the email reads. “Winter Springs has a very high payroll and should be easily reduced with the right city manager. There is so much waste and abuse, all you have to do is dig. It’s also a shame that ‘SOME’ of you vote to raise taxes and fees without blinking an eye.”

Want to contact your elected leaders and weigh in on this topic? Find their contact information here. Have a news tip or opinion to share with OCN? Do that here.  

After the email was sent, it was forwarded to Sweet. Since the allegations mentioned the city’s human resources department and the city manager by name, Sweet requested that the Winter Springs Police Department handle the investigation.

The investigation is now ongoing, and is under the police department’s Internal Affairs division. Winter Springs Police Chief Matt Tracht said the investigation is not to find out who wrote the anonymous complaint. 

“We’re looking for city policy violations,” Tracht told commissioners. 

Caruso asked the City Commission to amend the whistleblower policy to include:

  • Independent investigations for “complaints against the city manager, department directors, supervisors, elected officials or any person who may have a conflict of interest.”
  • Defined timelines to start and make an initial determination of allegations, and monthly status updates to the whistleblower.
  • Expanded whistleblower protections to complaints beyond just fraud, including for waste, abuse, violations of city policy, environmental concerns and concealment of wrongdoing. 
  • Stronger anti-retaliation protections, including protections against demotions, reductions in hours, changes in working conditions to “punish” the employee, and denying promotions. 
  • Regular periodic reporting of the results to the City Commission 
  • Protection for the whistleblower’s identity
  • Protect witnesses from retaliation as well

Caruso said that if the city had stronger whistleblower protections in place, the person who made it might not have done so anonymously. 

“We’ve all read the email. I think it’s very clear that it’s staff,” Caruso said. “We’re not fools. We can all see it. There’s pictures. So for us to sit here and say it’s anonymous, it’s not staff – come on.” 

“Pictures that someone drove to employees’ homes and took,” Commissioner Sarah Baker replied.  “I’d argue that’s stalking.”

Baker also questioned the cost of hiring outside firms to do investigations. 

“This policy suggestion does not provide ways of funding that,” Baker said. “And funding is a huge issue, and wasteful spending is something that’s been brought up by yourself (Caruso).”

Sweet, the city manager, said the current policy doesn’t need revision. 

“I would argue that the policy, as written, is working. I don’t understand why changes are being made,” Sweet said, adding: “I don’t know how we provide whistleblower protection to an anonymous individual.” 

Legal issues brought up

Federal whistleblowers have a law to protect them from retaliation, and public employees in Florida also have a state law offering protections. 

City Attorney Anthony Garganese said the proposed changes to the Winter Springs policy could run afoul of the city’s Charter – the local equivalent of a federal law running afoul of the U.S. Constitution. That’s because the city Charter gives the city manager authority over personnel matters. 

“One of the things you want to avoid in these types of policies is to turn every disagreement or grievance into a formal investigation, which is going to result in a hell of a lot of time and resources that would be expended,” Garganese said, “if you had to open up like these formal outside investigations for every grievance that may not rise to the level of a legal violation or a serious material policy violation.”

Now that the City Commission has directed the city’s staff to work on a policy revision, it would have to come back for a final vote as a resolution. There could also be conflicts with the state’s whistleblower protection act that need to be addressed, Garganese said. 

“There’s some things in there that, based on my just preliminary review of it, are just not advisable,” Garganese said. “We’ll look at it, scrutinize it more carefully, and give you our two cents.”

Winter Springs Mayor Kevin McCann initially tried to stop the conversation from happening. He said the city should wait until after the investigation is completed. 

“Who are we protecting? What’s going on here?” McCann asked. “We’re changing the rules of the game in the fourth quarter because something is about to be revealed. What’s going on? It smells awful.”

Abe Aboraya is a Report for America corps member. 

Support critical, local news you rely on to stay informed, connected and empowered.

Monthly Yearly One-time

Choose a monthly amount

Hometown Hero
$10 /month
Hometown Hero
$120 /year
Hometown Hero
$60 /one-time
Rooster Society
$30 /month
Rooster Society
$360 /year
Rooster Society
$360 /one-time
Custom Amount
$
/month

Please contact us directly for donations over $5000

Please enter an amount of $5 or above.

Minimum amount of $5
Custom Amount
$
/year

Please contact us directly for donations over $5000

Please enter an amount of $5 or above.

Minimum amount of $5
Custom Amount
$
/one-time

Please contact us directly for donations over $5000

Please enter an amount of $5 or above.

Minimum amount of $5

Please select an option

Thank you for your support!

Author

Abe is the Local Government Accountability Reporter for Oviedo Community News and is a Report for America corps member. His work has appeared on NPR, ProPublica, Kaiser Health News and StoryCorps. He spent 2018 investigating post-traumatic stress disorder in first responders, and investigated why paramedics didn’t enter Pulse nightclub to bring out victims. In 2018, the Florida Associated Press Professional Broadcasters Contest awarded that series second place in the investigative category and first place in the public affairs category. Aboraya holds a bachelor’s degree in journalism from the University of Central Florida. His first journalism job in 2007 was covering the city of Winter Springs in Seminole County. A father of two, Aboraya spends his free time reading and writing fiction and enjoying his second home in the Hyrule kingdom.

Reach Abe by email at abeaboraya@oviedocommunitynews.org

Close the CTA

OCN's NewsMatch fundraiser is underway!

 

Independent, unbiased news is hard to find & that's what you get from OCN. But it will only continue with your support. Give now & NewsMatch will DOUBLE it.