Fulwood slams lawsuit on High Springs

HIGH SPRINGS – Former High Springs police lieutenant Gordon Fulwood filed a lawsuit against the city Friday for what he said were frivolous and retaliatory actions taken against him by Police Chief James Troiano.

Fulwood is accusing Troiano of launching three unwarranted investigations and disciplines against him, which ultimately led to his termination from the police department, according to the court document filed with Alachua County. Public records obtained by Alachua County Today show investigations were launched in July, August and December against Fulwood.

On Jan. 21, City Manager James Drumm approved Troiano’s motion to fire Fulwood after he was accused of using his authority to confront an Alachua police officer about a personal issue and for obtaining confidential police information in that matter. In his lawsuit, Fulwood alleges Troiano acted in retaliation against him when Fulwood filed four complaints with Drumm about Troiano on Nov. 2 and Nov. 6. The city would not provide the complaint documents citing an exemption to public records laws, but according to the civil suit documents the complaints date to early 2009.

Although Troiano launched two of Fulwood’s three investigations before Fulwood ever complained to Drumm, the disciplines for each investigation were delivered Nov. 9, Dec. 17 and Jan. 21.

“I filed the complaints against Troiano not in response to me being under investigation but in response to me having the realization that I knew they were going to fire me and that I no longer had a job or career to protect,” Fulwood said Tuesday. “There are specific reasons and fears of why I did not file those complaints early on when Chief Troiano actually committed the infractions, but that has been discussed with my attorney, and I’ve been instructed not to comment. But there were specific reasons why I did not report them earlier.”

The suit also claims Troiano violated Fulwood’s due process rights when he sent an email to city employees Dec. 28 stating Fulwood had been fired. Only the city manager has the authority to hire or fire, and at the time of the email Drumm had not yet given a decision on Troiano’s motion to fire Fulwood.

Fulwood’s attorney, Marie Mattox of Tallahassee, is requesting damages in excess of $15,000 on Fulwood’s behalf, although the exact amount is not specified. The prosecution is also requesting a jury trial to award compensation for attorney costs and damages inflicted as a result of these investigations.

The first investigation was launched against Fulwood in July when police department dispatcher Lindsay Powell alleged Fulwood said her husband “needs to get off his ass and get a friggin’ job.” Troiano then hired Gainesville Police Department Sgt. Jorge Campos to investigate. Through interviews, one witness corroborated Powell’s accusation while two other witnesses denied hearing the comment.

Fulwood has adamantly denied making the statement, but he was disciplined with a 40-hour unpaid suspension Nov. 9. In the appeal procedures that followed, Fulwood accused Troiano of violating his due process rights during the investigation for not specifying which specific section of the police department directives he violated.

Fulwood was then put on paid administrative leave Oct. 29 after the incident about his confrontation of an Alachua police officer was launched in August. Troiano rehired Campos to investigate claims Fulwood acted inappropriately when he approached Alachua Police Officer Adam Joy in early 2008 while he was acting as interim police chief before Troiano joined the department.

After Campos interviewed all officers involved, Troiano concluded Fulwood was “angry, loud, unprofessional and argumentative” when he interrogated Joy about accusations Fulwood’s son was seen in a well known drug area in Alachua.

The investigation into Fulwood’s confrontation with Joy lasted from August to January and led to his termination Jan. 21.

But while still on administrative leave, Troiano launched a third investigation into Fulwood Dec. 8 about the cleanliness of his patrol car. Troiano concluded Fulwood acted improperly when he found dirt and droppings of chewing tobacco within the car.

He was disciplined with a written warning Dec. 17, which Fulwood called excessive since other officers are given verbal instructions to clean their cars when they are found to be dirty.

Fulwood is now the second fired High Springs Police Department employee to sue the city in two years. Former police dispatcher Ginger Travers sued the city in 2008 after she said Troiano wrongly called for her termination from the department where she worked since 1981. In January, an arbitrator agreed and ordered the city to pay for all wages lost since she was fired and to reinstate her with seniority at the department.

With Fulwood’s lawsuit filing Friday, he said he recognizes the angst brought upon the city with his lawsuit but that his motives are now about clearing his name.

“I am sincerely sorry to the community that it has come to this,” Fulwood said. “But once the personal attacks on my character, integrity and professionalism began I was left with no other choice but to defend myself.”