Filing# 187992812 E-Filed 12/13/2023 06:12:14 PM

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF

FLORIDA, IN AND FOR BROWARD COUNTY
CASE NO.

BABETTE FRIEDMAN,
Plaintiff,

VS.

TOWN OF PEMBROKE PARK a

Florida Municipal Corporation, and
Commissioner GEOFFREY JACOBS
Defendants.

COMPLAINT

Plaintiff Babette Friedman ("Friedman") sues the Town of Pembroke

Park, FLORIDA ("the Town"), a Florida Municipal Corporation, and

Commissioner Geoffrey Jacobs ("Jacobs") for damages, demands a jury trial,

and states:

JURISDICTION

1. The claims asserted arise pursuant to the Florida Whistleblower Act,

42 U.S.C. §§ 1983 and 1988, the First Amendment to the United States

Constitution, and the Constitution and laws of the State of Florida. This Court

has jurisdiction to hear all claims.

2. This Court has original jurisdiction over claims presenting damages

that exceed $50,000, exclusive of interest and costs.

3. Friedman brings this action seeking damages in excess of

$2,000,000.00 and other allowable relief as a result of being subjected to adverse

personnel action by the Town in punishing her for having the integrity to disclose
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*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/13/2023 06:12:13 PM.****
malfeasance by Town officials,as well as her participation in investigations of

Town-involved misconduct as described in this Complaint.

4. Plaintiff is sui juris, a resident of Broward County, Florida, and an

employee of the Town of Pembroke Park, Florida.

5. The Town is a municipal government entity organized under the

Constitution and laws of Florida, and as such is an "agency" within the scope of
Section 122.3187(3)(a), Florida Statutes.

6. The Town is a Council-Manager form of government. As a

Commission form of Government, the Town Manager is appointed by, and
reports to, the Town Commission.
7. The Manager is responsible for ensuring that the policies, directives,

resolutions and ordinances adopted by the Town Council are carried out. As the
Chief Administrative Officer, the Town Manager is responsible for the daily

operations of the Town.

8. Commissioner Geoffrey Jacobs is a resident of Broward County, a

commissioner for the Town of Pembroke Park, and is otherwise sui juris.

9. Venue is proper in this judicial district because the Town is located

within Broward County, Florida.

10. Friedman performed all conditions precedent before bringing this

action.

11. All conditions precedent have otherwise occurred, been performed,

been met, been waived, would be futile,or are otherwise inapplicable.

GENERAL ALLEGATIONS
12. At all material times to this action, Friedman was the Director of

Human Resources for the Town.

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 13. Over the last year, Ms. Friedman received multiple employee

complaints about Commissioner Jacobs. These complaints alleged that he

"bashed" employees, targeted them, and belittled them both in written

communications and verbally during commission meetings.

14. During this period, HR received a total of six (6) formal complaints

against Commissioner Jacobs, while the Town Manager received an additional

two (2) formal complaints about his behavior.

15. Employees would come to Ms. Friedman's office in distress over how

Commissioner Jacobs treated them.

16. When Ms. Friedman attempted to address Commissioner Jacobs

about his behavior, he threatened her job and repeatedly tried to have her

terminated.

17. After each commission meeting that called for her dismissal,

Commissioner Jacobs filed a complaint against Ms. Friedman with the Town

Manager.

18. Following Commissioner Jacobs' refusal to communicate with Ms.

Friedman about the complaints against him and his conduct toward staff, Ms.

Friedman reported the complaints and Commissioner Jacobs' responses to the

Town Manager.

19. In response, Town Manager Jimenez sent an official correspondence

to Commissioner Jacobs on March 27,2023. In this letter, he professionally

addressed the behavior leading to HR complaints and its potential impact on

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recruiting new employees and the Town's liability.

20. In response to the Town Manager's letter, Commissioner Jacobs

called him "absolutely worthless as a town manager" and failed to address his

own behavior. He also claimed that his complaints against the Town Clerk and

the Town Attorney were not being investigated.

21. On May 6, 2023, at a public food drive event, Commissioner Jacobs

called Ms. Friedman a "Nazi." Ms. Friedman, of Jewish descent and a descendant

of Holocaust survivors, reported this incident in writing to the Town Manager on

Monday, May 8,2023.

22. At the June 14, 2023, commission meeting, Commissioner Jacobs

faced censure for his use of the term "Nazi" towards Ms. Friedman.

23. During the censure, Commissioner Jacobs responded directlyto Ms.

Friedman, claiming he did not recall using that word but suggested he had

"another four-letter word" that would apply to her. This was confirmed in the

video of the commission meeting, and it was inferred that he meant the same

derogatory word ("c---")

he used to describe the Town Attorney.

24. Before being censured on June 14, 2023, Commissioner Jacobs

engaged in disruptive behavior by eating popcorn, making noises, and opening

a bag of popcorn while Ms. Friedman was introducing item 7.2 that was pulled

off the consent agenda by Commissioner Jacobs. A photo of this incident

appeared in the press.

25. Commissioner Jacobs also called Ms. Friedman a liar during the

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same censure session.

26. Two days later, on June 16, 2023, Commissioner Jacobs created a

public Facebook post under his "Commissioner Geoffrey Jacobs" account. In this

post, he targeted two managerial employees, Ms. Friedman and Mark Pakula,

posting their photos and discussing a perceived "lack of quality leadership" in

the Town and the "toxic work environment."

27. No complaints have been filed against these employees by anyone

other than Commissioner Jacobs.

28. Ms. Friedman stated that Commissioner Jacobs verbally attacked

and threatened six (6) female employees, causing extreme frustration. This,

coupled with his repeated public attacks on the job performance of certain Town

employees in public meetings, has created a workplace that is virtually

unattainable to be free of harassment and hostility.

29. Employees are terrified to stand up for themselves or disagree with

Commissioner Jacobs due to fear of verbal abuse, job threats, or condemnation

on his social media posts.

30. Ms. Friedman asserted that there is not one female in a position of

authority with whom Commissioner Jacobs can work with, a sentiment echoed

by every commissioner and employee interviewed.

31. Chief Code Compliance Officer Joseline Ramirez explained that

Commissioner Jacobs treated Ms. Friedman even worse than she was treated,

and that Commissioner Jacobs is immensely unprofessional in his treatment of

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employees from the dais.

32. Information Technology Director Mark Pakula has been with the

Town for nineteen (19) years and described a social media post in which

Commissioner Jacobs was U.;trashing" Friedman.

33. Friedman opposed these unethical actions by Commissioner Jacobs.

34. The Town of Pembroke Park retained an independent investigator to

conduct an independent investigation surrounding allegations made against

Commissioner Geoffrey Jacobs involving accusations of hostile work

environment and potential violations of the Town's Code of Ethics and Conduct.

35. On August 1, 2023, a report was released.

36. The report detailed interviews with several Town employees who

documented the persistent hostile and retaliatory conduct by the Commissioner

(Exhibit 1).

37. The report's summary findings follow: "In sum, every person

interviewed, regardless of race, gender, religion, sexual orientation, or age,

expressed concern about Commissioner Jacobs and espoused that his behavior

has created a hostile, volatile,toxic workplace. The documentary evidence and

witness testimony has established Jacobs' use of foul and wholly inappropriate

language, racial and ethnic slurs, abuse of power, and antisemitic, chauvinistic,

homophobic, misogynistic, demeaning, and degrading commentary. There is

likewise a pattern of bullying, threatening harm, intimidation, public

humiliation, and retaliation evident in Jacobs' social media posts, from the dais,

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and in his own texts and electronic correspondence.

38. The numerous documented instances of misconduct by

Commissioner Jacobs evince a persistent failure of the Town to take disciplinary

actions, a continued failure by the Town to prevent known constitutional

violations, as well as a custom or policy of violating constitutional rights.

39. Notwithstanding the report and its findings, Commissioner Jacobs

remains a Commissioner.

40. The Town was and continues to be deliberately indifferent to the

known risk of constitutional law violations by Commissioner Jacobs.

41. Ms. Friedman's working conditions became so intolerable that a

reasonable person in her position would have felt compelled to resign.

42. Ms. Friedman tendered her resignation on August 2,2023, and Ms.

Friedman's last day of employment was September 2,2023.

COUNT I

VIOLATION OF SECTION 112.3187 FLORIDA STATUTES

(Against Defendant the TOWN OF PEMBROKE PARK)

43. Plaintiff incorporates paragraphs 1 through 41 as if fully set forth

herein.

44. The Town of Pembroke Park is an agency, a term defined by §

112.3187(3)(a), Florida Statutes.

45. Friedman was an employee as that term is defined by §

112.3187(3)(b), Florida Statutes.

46. The town took adverse personnel action against Friedman, as that

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term is defined by § 1 12.3187(3)(c), Florida Statutes.

47. The actions taken against Friedman included creating a hostile work

environment through bullying and improper conduct on the part of

Commissioner Jacobs, effectivelyforcing Friedman to resign.

48. The actions taken by the Town against Friedman were prohibited by

§ 112.3187(4), Florida Statutes.

49. The prohibited actions were taken directly as a result of and in

retaliation for Friedman disclosing information, as defined by §1 12.3187(5)(a)

and (b), Florida Statutes, including in her personal capacity, and opposing

Commissioner Geoffrey Jacobs.

50. Friedman disclosed acts and suspected acts of gross management,

malfeasance, misfeasance, and gross waste of public funds committed by

employees and agents of the Town as well as improper behavior and bullying by

agents of the Town.

51. Friedman participated in investigations and other inquiries

conducted by agencies of the local, state, and federal government as defined in

§ 112.3187(7) Florida Statutes.

52. Friedman filed written and signed complaints disclosing information

enumerated in § 1 12.3187(5) Florida Statutes, in both her official and personal

capacities to parties and entities enumerated in § 1 12.3187(6) Florida Statutes.

53. Friedman refused to participate in adverse actions prohibited by §

112.3187 Florida Statutes.

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 54. The defendants individually and collectivelytook retaliatory steps,

as described in paragraphs 1 -37, directly in response to Friedman's

whistleblower memorandum that culminated in Friedman being forced to resign.

These retaliatory actions described in this complaint caused, supported, led to,

and culminated in Friedmans resignation.

55. For these reasons, Friedman seeks lost wages, benefits, and other

lost remuneration caused by the adverse action, reasonable costs, including

attorney's fees, injunctive relief,as well as compensatory damages and all other

relief deemed appropriate.

COUNT II
RETALIATION IN VIOLATION OF THE FIRST AMENDMENT (AGAINST the
TOWN AND GEOFFREY JACOBS)
56. Plaintiff incorporates paragraphs 1 through 41 as if fully set forth

herein.

57. The First Amendment to the United States Constitution provides:

"Congress shall make no law respecting an establishment of religion or

prohibiting the free exercise thereof; or abridging the freedom of speech, or of the

press; or the right of the people peaceably to assemble, and to petition the

Government for a redress of grievances."

58. The First Amendment rights to freedom of speech and association

protect not only the affirmative rights to free speech and association but also the

right to be free from retaliation perpetrated by the government upon the exercise

of that right.

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 59. 42 U.S.C. § 1983 provides a private cause of action with respect to

the violation of federal constitutional rights.

60. At all times pertinent hereto, it was clearly established federal law

that Friedman had a right to freedom of speech guaranteed by the First

Amendment to the U.S. Constitution.

61. This right encompasses the right of all persons, including

employees, both in public and private sectors, to discuss, make statements

regarding, and express opinions on matters of public policy, including "issues

about which information is needed or appropriate to enable the members of

society to make informed decisions about the operation of their government."

62. At all times pertinent hereto, it was clearly established federal law

that Friedman had a right to be free from government retaliation taken against

her for speech that touched matters of public concern.

63. This right to be free of retaliation included the right to be free from

adverse employment action motivated by protected speech.

64. At all times pertinent hereto, it was clearly established federal law

that the U.S. Constitution's First Amendment guarantee to free speech and free

association applied to local and state governments through the Fourteenth

Amendment and decisions of the United States Supreme Court.

65. At all times pertinent hereto, it was clearly established federal law

that the public's interest in exposing governmental corruption and/or abuse of

power far outweighs a governmental entities' interest in suppressing speech

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intended to expose governmental corruption and abuse of power.

66. At all times pertinent hereto, the Town and Commissioner Jacobs

knew or should have known of the aforementioned constitutional rights clearly

established under federal law.

67. The Defendants named in this lawsuit prevented Friedman from

exercising her First Amendment rights and in fact bullied and harassed her in

the work place.

68. Defendants violated plaintiffsrights of freedom of speech under the

First Amendment to the U.S. Constitution by retaliating against her for her lawful

exercise of her First Amendment rights.

69. Defendants violated Plaintiffs First Amendment rights.

70. Defendants knew the actions they took violated Plaintiffs First

Amendment rights.

71. Final policymakers within the city authorized and forced Friedman's

resignation by allowing Commissioner Jacobs to bully, harass, and create a

hostile work environment for Friedman.

72. As a direct and proximate result of defendants' unlawful conduct,

Plaintiff was forced to resign and suffered emotional distress, and humiliation,

and is entitled to monetary damages.

73. For these reasons, Friedman demands judgment for damages

against the Town and Commissioner Jacobs, including but not limited to

compensatory damages, loss wages and benefits, liquidated damages, injunctive

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relief,prejudgment interest, and attorney's fees and costs, and other available

relief as the Court deems just and proper. She further seeks punitive damages

against Jacobs.

DEMAND FOR JURY TRIAL

Plaintiff demands trial by jury for all issues so triable as a matter of right.

DATED: December 13, 2023.

Respectfully submitted,

KUEHNE DAVIS LAW, P.A.

100 SE 2 Street, Suite 3105
Miami, FL 33131
Tel: 305.789.5989
Fax: 305.789.5987
ben.kuehne@kuehnelaw.com

efiling@kuehnelaw.com

By: S/ Michael T. Davis

MICHAEL T. DAVIS
Florida Bar No. 63374
BENEDICT P. KUEHNE
Florida Bar No. 233293
JOHAN D. DOS SANTOS
Florida Bar No. 1025373

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