$300,000 awarded to man who criticized district


Ernie Scott's position as safety director for Lee County schools was eliminated because he openly criticized the district and blew the whistle on problems with air quality, fire safety and asbestos, a jury ruled Monday evening.

The eight-member panel awarded Scott $300,000 in lost wages and benefits, and another $100,000 for mental anguish. Scott's attorney, Patrick Geraghty, was asking only for a combined $273,000.

During the five-day federal trial, Scott claimed that upper-level administration interfered with his work and that contractors were upset because he cited every flaw during inspections. His diligence sometimes meant delaying projects and higher costs, Scott admitted, but those negatives were offset because he doggedly pursued safer schools.
"The jury represented the sentiment of the public; they appreciated the way I did my job," Scott said after leaving the courtroom.

The jury formulated its verdict in just 58 minutes, including time spent discussing compensatory damages.
As program administrator for safety, security and inspections, Scott oversaw fire safety and building code inspections, asbestos abatement, indoor air quality, facility plan reviews and campus security. Scott, 53, was often quoted in news reports and a guest on talk radio discussing his safety concerns, and he later filed a written report with the Environmental Protection Agency chastising school administration for failing to hold contractors accountable for shoddy work.

Soon after Superintendent James Browder took the helm in March 2003, however, Scott's position was phased out.

Browder offered Scott a teaching position at the Alternative Learning Center, but did not extend one of four new safety positions. Scott declined the teaching job, and currently is attending nursing school while working at Naples Community Hospital.
Scott lodged his federal lawsuit in May 2003, arguing that Browder eliminated his job for speaking out against safety problems, a violation of his First Amendment right to free speech. Jury members also agreed that the district violated Florida's whistleblower act by eliminating Scott's position after he filed a report with the EPA.

"Mr. Scott's case was evident and well presented," jury member Joyce Nye said.
The case likely isn't over, though. Attorneys plan to weigh their options with the school board and its insurance carrier, board attorney Keith Martin said.

Either way, Lee County hasn't heard the last from Scott. He is suing the district in a separate lawsuit claiming to have been unknowingly exposed to asbestos and toxic mold. That case has yet to go to trial.

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