QUOTES BY SERGIO GONZALEZ, DBPR EMPLOYEE:
"The guy (referring to the me that have been targeted by Harvey Ayers and Sarasota County, and then fueled by Sergio Gonzalez of the DBPR) has to say something about everything!!!
It's all against him, and HE IS A CRUSADER FOR JUSTICE (LOL) watch that go on a website!!"
Also quoted by Sergio Gonzalez of the DBPR:
"I TOLD YOU HE SCREWED WITH THE WRONG BUNCH!"
and "CROSS THE HECK OUT OF HIM.", "NICE, SQUEEZE IT!"
However the DBPR states "to Regulate Fairly". Well, this certainly is a significant contradiction to the State of Florida DBPR policies. Is this how government is supposed to behave? The collusion extends even to the State of Florida, how disappointing, Sergio Gonzalez.
This letter is to address my concerns with DBPR Region VII-Ft. Myers, Regional Program Administrator Sergio Gonzalez and his unprofessional and unethical behavior.
Starting in February 2017, I became involved in code enforcement disputes with the local Sarasota County Building Department and code enforcement personnel. Specifically, Sarasota County Deputy Building Official Guy McCauley and code enforcement officers Robert Lepley and Harvey Ayers. I have been very vocal in my opposition to the manner in which county employees conduct themselves, and my opposition has resulted in significant retaliation, including the county aggressively pursuing sanctions against my licenses in both the county and with the DBPR and CILB.
The County first involved the DBPR in October 2017, when they requested DBPR Investigator William Teal to attend and testify before a local code enforcement special magistrate. Mr. Teal's testimony (which included legal advice and statutory interpretations), contributed to a finding by the magistrate of code violations.
Subsequently, on or about January 10, 2018, I contacted Regional Program Administrator Sergio Gonzalez in an attempt to ascertain why the DBPR permitted Investigator Teal to provide legal testimony at the code enforcement hearing. Mr. Gonzalez accused me of lying, stating that Mr. Teal did not provide testimony, stating that he was "too new" to be testifying and that I was mistaken about the role Teal assumed at the hearing. I assured Mr. Gonzalez that Mr. Teal did in fact testify and promised to provide him a copy of the hearing transcript.
The following day, January 10, 2018, I emailed Mr. Gonzalez a lengthy email detailing Investigator Teal's involvement in the code enforcement hearing, along with what I believe to be applicable laws and administrative codes. A copy of the hearing transcript was attached to the email. My email was very professional and courteous, a copy of which is attached.
In response, Mr. Gonzalez surprised me with a very undignified email in which he outright denied stating to me over the phone that Mr. Teal was not supposed to testify at the code enforcement hearing, and in fact was not allowed to testify at local administrative hearings and stated that he would "not wrangle with" me. The tone of Mr. Gonzalez's email was very aggressive and confrontation, and for no apparent reason. A copy of this email is attached as well.
I followed up with another professional email, and received another unprofessional response, both of which are attached. I was baffled by Mr. Gonzalez's behavior, which prompted me to submit a public records request for his emails in an attempt to ascertain why he conducted himself in such an unprofessional manner with me.
What I discovered from the emails is very troubling to me and portrays Mr. Gonzalez in a very unethical, unprofessional and potential illegal light.
First, on January 15, 2018, Mr. Gonzalez sent an email to Timothy McGrath regarding one of the citations I received. In that email Mr. Gonzalez writes, "This may not be a complete transcription since PAIZES provided it, labeling it 'mini' although the font is consistent with all the other sections.'
I take this as an allegation that I somehow provided a forged an inaccurate transcript of the hearing, yet the transcript has a clear certificate of the court reporter and notary stamp on the back page from a reputable, court-certified transcriptionist. This is insulting to me and an unsolicited attack on my character.
Next, and perhaps most troubling are two emails sent three minutes apart by Mr. Gonzalez on January 19, 2018, to Sarasota County Deputy Building Official Guy McCauley.
The first states "I told you he screwed with the wrong bunch." (Attached).
The second states, "Cross the heck out of him. Did you send me the results of yesterdays hearing?" (Attached).
These emails can only be interpreted one way. Mr. Gonzalez is clearly targeting me and encouraging Sarasota County employees to do the same. This certainly is not the type of behavior condoned by the Florida Department of Business and Professional Regulation. I have no doubt that the DBPR does not permit its employees to target or retaliate against contractors. These comments are extremely threatening to me and expose the DBPR to unnecessary liability.
Finally, in another series of emails Mr. Gonzalez corresponds with Mr. McCauley, Mr. Lepley and Mr. Ayers regarding my dispute with Harvey Ayers and his lack of credibility and documented history of untruthfulness as a law enforcement officer. Please allow me to explain in order to lay the foundation for Mr. Gonzalez's emails.
Harvey Ayers is a former De Soto County Sheriffs Deputy and former City of Punta Gorda sworn police officer. Harvey Ayers was fired from his position with Punta Gorda after nearly 40 internal affairs investigations, ten of which were sustained policy violations. One of those violations is for untruthfulness. Harvey Ayers has quite a colorful history of abuse, lack of character, and lack of honesty. These facts are well documented in the findings made by the former Punta Gorda Police Chief. They are public record, and are clear in their veracity. Upon termination from the police force, Harvey Ayers found employment with the Sarasota County code enforcement office, and is the officer who has written me several questionable citations which I am currently appealing or challenging.
Once I learned this information about Harvey Ayers, I prepared and disseminated a public awareness package on Harvey Ayers that details his sordid history as a law enforcement officer and which contained copies of each public record I obtained demonstrating and corroborating his abuses and dishonesty. As a tax-paying citizen of the United States and State of Florida, I have the First Amendment right to express my concerns over the people local governments choose to employ. The public has a right to know what type of individuals the government has hired. My decision to distribute this package was not illegal, and was well within my rights as a citizen.
Of course Harvey Ayers did not agree with my decision to broadcast his dirty laundry to the public, and has steadfastly denied the facts outlined in the public records obtained from the DeSoto County Sheriff and the City of Punta Gorda Police Department. Harvey Ayers has alleged that I have committed slander and have harassed him. However, Harvey Ayers has been completely unable to dispel the facts or disprove that he was terminated as a police officer for unethical and dishonest behavior. Simply saying it is not true does not disprove the facts.
On January 10, 2018, before the Harvey Ayers package was distributed, Mr. Gonzalez emailed McCauley, Ayers and Lepley stating, "Could you all prove statements concerning the aforementioned licensees conduct? Specifically that of threats, defamation of character (character assassinations - websites), and any other misconduct this licensee has perpetrated against your department, its personnel and any knowledge of others affected (Magistrate)."
Following dissemination of the Harvey Ayers package, Mr. Gonzalez emailed Mr. McCauley on January 22, 2018, stating, "Everyone should be entertaining going to the LEO's to file an injunction and harassment charges."
Since when does the DBPR involve itself in civil disputes? I am perplexed why Mr. Gonzalez would request county employees to detail what they perceive as affronts on their character and then encourage them to pursue criminal charges and injunctions against me for exercising my constitutional rights. The DBPR is not a political arm of the government and should play no role in regulating civil disputes or concern itself when local county employees feel their name has been slandered. Surely Mr. Gonzalez has gone outside his job description.
Rather than learning all sides of the story and conducting an investigation within the scope of the DBPR, Mr. Gonzalez accepted the unsupported allegations of local county employees then engaged in and encouraged a campaign of retaliation against me.
It should be clearly noted that none of my actions have resulted in criminal charges nor has any judge issued an injunction, and no defamation lawsuits have been filed.
I have no doubt that Mr. Gonzalez's intentions are to seek sanctions against my state licenses at the state level with the Construction Industry Licensing Board as a continuation of his retribution against me. Sarasota County has already successfully suspended my air conditioning license and revoked my building and roofing licenses within their jurisdiction.
I currently have eight cases pending in the Twelfth Judicial Circuit Court challenging administrative actions brought by Sarasota County, with two more appeals I am preparing now.
If Mr. Gonzalez's emails are any indication of his unethical behavior, then I am outright frightened by what he thinks, says, and does outside of his public emails. Thus far I have only obtained a small portion of Mr. Gonzalez's emails. I, or possibly counsel, will be filing additional public records requests to obtain all of his emails in the near future. I am confident that the additional emails will uncover more disturbing behavior.
The purpose of this complaint is to request your Department to immediately order both Sergio Gonzalez and William Teal to cease any further retaliatory conduct against me, my licenses, and my character. I also respectfully request that an investigation into their conduct be initiated, and proper disciplinary actions take place. Any investigations or recommendations they have participated in or made should be reviewed by an independent, neutral party. Finally, it only seems logical that Mr. Gonzalez and Mr. Teal not be allowed any further involvement in any cases or complaints against me and new DBPR personnel be assigned.
I will do everything I can to assist your Department in any inquiry, including providing any and all documents requested and speaking with staff attorneys or investigators. Although your Department regulates my profession, it must also protect those it regulates and ensure they are treated fairly.
On a final note, please understand that I am reserving any rights I may have to pursue legal action against the DBPR and the employees named herein upon completion of my investigation and any findings issued by your Department. I take this matter very seriously and I am confident you will as well to ensure the integrity of the DBPR is not compromised by unprofessional employees.
SUPPLEMENTAL FOLLOWUP COMPLAINT FILED WITH DBPR:
On June 1, 2018, I submitted a complaint regarding Regional Program Administrator, Region VII-Ft. Myers, Sergio L. Gonzalez, MSIT.
That complaint was premises on disturbing and unethical emails I obtained through public records requests that were sent from Mr. Gonzalez to Sarasota County Building Department Code Enforcement employees.
Since filing my initial complaint, I obtained additional and equally disturbing emails. Please allow this correspondence to serve as a supplement to the original complaint.
On January 30, 2018 Sarasota County deputy building official Guy McCauley emailed Mr. Gonzalez informing him that he was taking me before the Sarasota County Mechanical Licensing and Examining Board for a disciplinary hearing on Feb 1, 2018.
In response Mr. Gonzalez stated in an email. “Nice, squeeze it.” The connotations of this childish and unprofessional response make it abundantly clear. Mr. Gonzalez was encouraging Mr. McCauley to continue applying pressure on me, or “squeeze it;” meaning the targeting and retaliatory agenda employed against me. (Attached).
Coupled with McCauley’s emails quoted in my first complaint where Sergio Gonzalez made comments such as, “I told you he messed with the wrong bunch” and “cross the heck out of him;” inciting local county employees to “squeeze it” only validates that I have been targeted for discipline and citation.
Another email states: “He just doesn’t get it.” And yet another email: “He still doesn’t get it.” (Attached).
In another email Mr. Gonzalez states: “the guy just has to say something about everything!!! It’s all against him, and he is a crusader for justice (LOL) watch that go on a web site!!” (Attached).
This is no laughing (LOL) matter. I take my career and livelihood quite seriously. I do not expect state employees to mock me in public emails or to suggest that it is laughable to have my position posted on a website.
This is not a joke. Mr. Gonzalez has used his position with the DBPR to bully, mock, threaten, harass and retaliate against me. I cannot and will not sit idly by while Mr. Gonzalez abuses his authority and encourages local county officials to target me.
Please note that on June 8, 2018, your department notified me that a complaint that was filed by Guy McCauley with Sarasota County was being dismissed due to a lack of evidence, and stated that there is no proof that I have violated any laws of chapter 489 of the Florida statutes. (Attached). The dismissed complaint was filed by Sarasota County with the encouragement and blessing of Sergio Gonzalez.
It should also be noted that many of the allegations made against me by Sarasota County entail accusations of aiding and abetting unlicensed contracting. Since October 2017 I have argued with County building officials, and county attorneys regarding the applicability of exemptions for unlicensed subcontractors found in FS 489.113 117. However, initially the County was completely unfamiliar with these exemptions and erroneously believed that all persons working on a job site must have their own license.
As my cases have progressed Sarasota County sought continuing consultations and advice from Sergio Gonzalez. Mr. Gonzalez, who most definitely should be familiar within the exemptions considering his position with DBPR, has failed entirely to advise County employees regarding the correct application of the Florida Statutes. Instead, Gonzalez has been complicit with Sarasota County’s blatant ignoring of the Florida Statutes and has encouraged their bullying behavior, and advanced their complaint with the DBPR which has since been dismissed.
Mr. Sergio Gonzalez’s duty is be familiar with the laws of this state and to properly advise local municipalities on how those laws apply to State Certified Contractors, which the DBPR regulates and not to engage in lynch mob type retaliatory behavior. I am requesting a response to my complaint and the result of your investigation in this matter.
Please be advised that I have in my possession a large amount of emails to and from Mr. Gonzalez that I received in response to my public records requests. Should you like to review them please let me know and I will gladly make them available.
