By Dan Christensen, FloridaBulldog.org
In what appears to be an unlawful effort to protect himself, Broward Sheriff Gregory Tony has had his top brass sign employment agreements with a non-disparagement clause that threatens to yank their lucrative post-employment benefits if they publicly criticize him.
Florida Bulldog obtained a copy of the nine-page agreement signed by Tony and his former second in command, Nichole Anderson, on March 30, 2021. Tony’s general counsel Terrence Lynch signed a week later.
“To the fullest extent permitted by law, upon separation, EMPLOYEE agrees not to make or endorse any disparaging or negative remarks or statements (whether oral, written, or otherwise) concerning the Sheriff, BSO, or any of its past and present officers, directors, agents and/or employees,” the agreement says. “In the event of a breach of this section, EMPLOYEE agrees to pay BSO attorneys’ fees and costs incurred in any action brought to enforce the terms or establish breach of this Paragraph.”
But there’s a problem. It protects Sheriff Tony’s reputation, yet it does so by effectively using public funds to buy ex-Undersheriff Anderson’s public silence regarding her unique knowledge of Tony’s decision making, behind-the-scenes conduct and potential wrongdoing.
While Florida Bulldog has not seen any employment agreements signed by BSO’s new undersheriff, Steve Robson, or current or former colonels, majors or fire rescue chiefs, they likely contain similar non-disclosure language.
Anderson, as are all BSO employees, are what’s known as “at will” employees. The sheriff can fire any of them at any time for any reason, or for no reason at all, and he’s done that frequently during a purge of his command staff that began with Anderson’s termination on Feb. 25. That’s likely why anyone presented with a non-disclosure agreement (NDA) by the sheriff likely signed it and kept quiet.
Anderson was hired in 1996 as a road patrol deputy. Tony named her undersheriff in September 2019, eight months after Gov. Ron DeSantis appointed him sheriff.
The agreement spells out BSO’s golden parachute of benefits that Anderson, 55, would forfeit if she opens her mouth:
- Fully paid medical insurance, including dental and vision care, until she becomes eligible for Medicare.
- The right to a 50 percent credit toward the cost of a Group Health Plan after she becomes eligible for Medicare, or that amount in cash.
- Free term life insurance.
- A tidy lump sum payment upon separation for all accumulated annual leave, holiday leave, sick leave, sick leave bonus days, personal days and comp time. Under the agreement, BSO can claw back that lump sum payment after it is made.
In broadly worded legalese, the agreement adds that “in exchange for the above consideration from BSO, to which EMPLOYEE would not otherwise be entitled and except as otherwise stated in this Agreement, upon separation,” she “forever” discharges BSO and Tony personally from any “claims” or “charges.”
SHERIFF TONY’S NDA AND THE LAW
While NDAs can lawfully be imposed on government employees to protect sensitive matters like some law enforcement records, internal communications, trade secrets and medical records, BSO’s NDA appears to violate Florida’s public policy and transparency laws as established in Florida’s Government-in-the-Sunshine Law.
Florida’s Constitution, in Article VII Section 10, prohibits spending public funds for private purposes. “Neither the state nor any county, school district, municipality, special district, or agency of any of them, shall…give, lend or use its taxing power or credit to aid any corporation, association, partnership or person,” the article says.
The constitution’s Sunshine Amendment, Article II Section 8, enacted in 1976, also prohibits public officers like Sheriff Tony from breaching the public trust for private gain.
The sheriff’s use of public resources to insulate himself from possible future criticism by a high-level member of his command staff with personal knowledge of his actions, appears to violate Florida’s Code of Ethics for Public Officers.
The code, under the subheading “Misuse of Public Position,” says no “public officer” may “corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others.”
Still, some questions remain.
Why would Sheriff Tony feel the need to include such gag language to protect himself from his command staff? Florida Bulldog sent him an email on Saturday, but he hasn’t spoken to us directly in years.
And why did Tony have Anderson sign the NDA in March 2021? Was there some event that triggered it? Was that when NDA’s were first given to BSO command staff for their signatures? Or have they been around longer?
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