Fired H R Director Marley to return to work

Suanne Z. Thamm, Reporter-News Analyst
Susan Hardee Steger
January 26, 2016 10:09 p.m.

Jacksonville attorney Tad Delegal, Delegal Law Offices, P.A., has notified the Fernandina Observer that a settlement is near in the whistleblower lawsuit that fired Human Resources Director Robin Marley filed against the City of Fernandina Beach in 2014. The case was scheduled to go to trial on February 22. Final details have not yet to be determined.

“At this time that the City is working on a settlement with Mrs. Marley which is based upon her reinstatement to the HR Director position. There are many details still left to negotiate. I thought we might have a written settlement ready as soon as this week, but it looks like it will take more time,” said City Attorney Tammi Bach.

Delegal said, “We think the settlement is a good resolution that is both fair to Mrs. Marley and reflects admirably on the city, for their willingness to re-employ her. Such a settlement is rare.” He added that Marley is glad to put the matter behind her and move forward.

Bach said that a settlement is not official until it is approved by the City Commission. When asked about a potential return date, Bach said that it “wouldn’t be next week.” Details are still being negotiated with respective attorneys. Bach opined that the settlement could be approved as early as the February 2 Regular Meeting of the Fernandina Beach City Commission (FBCC) or at later Special Meeting called for the purpose of approving the settlement.

In a statement released to the Fernandina Observer, Robin Marley wrote, “Dr. Martin Luther King, Jr. said, ‘The time is always right to do the right thing.’ Although it has taken some time, I am very happy that we have reached a settlement with the City of Fernandina Beach, and I am grateful to the city commission for listening to the facts and then taking action to set things right. I look forward to returning to my position and working with the new city manager.

“I sincerely appreciate my family and friends, my church family, city employees, and our attorneys who have supported me through all of this. Their advice, thoughts, and prayers lifted me up through some dark days. I can now look forward to brighter days serving the City of Fernandina Beach. Thanks be to God.”

Marley was fired from her position as Human Resources Director by then-City Manager Joe Gerrity in October 2014. She sued the City alleging that she was fired in violation of Florida’s Whistleblower Act for reporting and disclosing an act or suspected acts of “gross mismanagement” within the City’s Fire Department to City Manager Joe Gerrity. The city’s motion to dismiss the suit was denied.

In depositions provided by key city personnel and obtained via public records requests, it appeared that there was no written evidence to support Marley’s firing which occurred shortly after she received a performance rating of “Excellent” from then-City Manager Joe Gerrity.