NORTH MIAMI BEACH, Fla. — The city manager of North Miami Beach is facing mounting legal challenges just a few months into his role.
A whistleblower who said she was fired without due process is speaking to Local 10 News about what happened regarding NMB City Manager Darvin Williams, who was previously fired by the city of Opa-locka for similar complaints.
Kerlyn McHenry said several staff members are working in fear.
She had served as interim director of public works for the city of North Miami Beach, where she was known as process-driven, methodical, and, according to a letter of recommendation, “innovative and results-driven” and “highly respected,” which is why she says she was stunned when she was suddenly demoted, then fired, after flagging a series of procurement and accounting concerns for Williams.
“It alluded to capital funds being misappropriated, which is not a true statement at all, and so once I forwarded that to the manager, of course within hours police officers as well as HR was at my door,” she said. “I was pretty scared, I didn’t think that it was warranted.”
Michael Pizzi is McHenry’s attorney who, on Monday, sent the city a notice of their intent to sue.
“A violation of the Florida Whistleblower Statute, abuse of power, and a variety of other violations of federal, state, and local statutes,” said Pizzi. “Right now, the city of North Miami Beach, Ms. McHenry, and other employees are really being terrorized by the new administration.”
Court records show Williams is a named a defendant in other suits, including a federal civil rights lawsuit filed by a former North Miami Beach employee who claims she was terminated without due process.
“It is a fear zone,” said McHenry. “Everyone’s afraid of Darwin Williams in the city of North Miami Beach.”
Williams hasn’t been with the city very long, formally installed in February.
Before that, he was with the city of Opa-locka.
In early-February, two days before he was formally sworn-in, Opa-locka’s Commissioner Natasha Ervin spoke in front of the NMB commission.
“After giving Darvin Williams a contract, everything went awry,” said Ervin. “Darvin terminated employees without due process. He even terminated one employee while he was away fulfilling his duty as an Army reservist. After firing Darvin Williams, it was discovered that he opened 17 bank accounts in the city’s name at a financial institution that we don’t do business with.”
In a memo dated on June 17, Williams told the mayor and city commission that in March, he assumed “additional responsibilities of interim chief financial officer.”
In May, Ervin filed a defamation suit against Williams claiming he falsely accused of her a crime when she moved to hold him accountable. She is also represented by Pizzi.
“If the city of North Miami Beach commissioners had simply done a Google search, they would have known that this is what was going to happen,” said Pizzi.
Local 10 News reached out to Williams for comment but he had not replied as of the time of this story’s publication.
NMB Mayor Michael Joseph, who was the only “no” vote against hiring Williams, released a statement to Local 10 News.
MCHENRY NOTICE OF INTENT TO SUE:
Claiming wrongful demotion and wrongful termination the notices states: “Our client contends these actions were not isolated events but were part of a coordinated effort to remove her from employment in retaliation for her protected complaints and whistleblower activity while treating her differently than similarly situated male employees.”
FROM THE FEDERAL LAWSUIT:
“Plaintiff, Marline Monestime, brings this civil rights lawsuit under 42 U.S.C. §1983 to obtain legal recourse against the Defendants for the deprivation of her constitutionally protected property interest in her continued employment with the City of North Miami Beach without due process, in violation of the Fifth and Fourteenth Amendments.
“WHEREFORE Plaintiff, Marline Monestime, demands the entry of a judgment in her favor and against Defendant, City of North Miami Beach, after trial by jury, declaring and determining that it violated her due process rights, reinstating her employment to the position she would have held, with all attendant wages and benefits, awarding her damages, lost past and future wages and employment-related benefits, mental anguish and emotional distress damages, awarding her attorney’s fees, costs, and all interest allowed by law, and such other relief as the Court deems just and proper.”
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