BEFORE THE U.S.

DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION

CHRISTINE FERRIGAN :
COMPLAINANT, :
:
:
v. : OSHA Case No. 4-2950-22-106
:
CITY OF DELRAY BEACH :
RESPONDENT. :
______________________________:

AMENDED COMPLAINT

Complainant, Christine Ferrigan, served as an Industrial Pre-Treatment Inspector for

Delray Beach, Florida who inspected the drinking water programs under the U.S. Environmental

Protection Agency’s (EPA) National Pollution Discharge Elimination System (NPDES) Water

Reuse Program (i.e., Reclaimed Water).1 Delray Beach terminated Ms. Ferrigan following a

series of public health-related disclosures she made to her management and officials from the

Florida Department of Health (DOH) and Palm Beach County Office of Inspector General (PB-

OIG) about the contamination of City residents’ drinking water. Ms. Ferrigan also disclosed

backflow contamination problems and that wastewater was contaminated with per- and

polyfluoroalkyl substances (PFAS). Several of Ms. Ferrigan’s disclosures resulted in lengthy

investigations, a fine, and a Florida Department of Health Consent Order finding regulatory

1
“In Florida, DEP [Dept. of Environmental Protection] has been granted authority by the U.S. Environmental
Protection Agency (EPA) to implement the federal Safe Drinking Water Act. Florida has adopted EPA regulations
and rules to implement this program. These regulations set legal limits for contaminants in drinking water and
testing schedules and methods that water systems must follow.” See https://floridadep.gov/comm/press-
office/content/regulated-drinking-water-contaminants-and-contaminants-emerging-concern. “Within Florida, the
Department of Environmental Protection is the primary agency responsible for enforcing the SDWA. However, the
Florida Department of Health implements the program in seven counties. In these counties (Hillsborough, Lee,
Miami-Dade, Palm Beach, Polk, Sarasota, and Volusia), the County Health Department is responsible for oversight
of construction and operation of all public water systems.” See https://www.floridahealth.gov/environmental-
health/drinking-water/public-drinking-water-systems.html.

AMENDED COMPLAINT 1
violations and mandating continued oversight of the City’s Cross-Connection Program.

Following Ms. Ferrigan’s efforts to ensure safe drinking water and prevent further

contamination, she was harassed, intimidated, threatened, denied promotions, terminated, and

refused further opportunities to work for Delray Beach.

In further support of her Complaint, Ms. Ferrigan alleges as follows.

Professional Experience

1. Ms. Ferrigan is a wastewater pretreatment professional with over thirty years of

experience in South Florida. Her skillset includes programs related to water, wastewater,

reclaimed water, pretreatment, backflow prevention, cross-connections, toxicity, hazardous

waste, conducting inspections, sampling, including clean and ultra-clean testing, permitting, and

evaluating regulatory compliance issues that include protocols, ordinances, and training.

2. In June 2017, Ms. Ferrigan was hired by Delray Beach as an Industrial Pre-Treatment

Inspector.

3. For her first eighteen months of employment, Ms. Ferrigan received good evaluations and

sought opportunities for promotion.

Unsafe Drinking Water and the Cross-Connection Problem

4. In late November 2018, the Delray Beach Utilities Department received several phone

calls from residents indicating that their drinking water was smelly, yellow with algae, and

sandy. Some residents and their pets were getting sick.

5. At the time, Ms. Ferrigan inspected parts of the City that had problems like those being

reported. During her inspections, some residents reported to Ms. Ferrigan that they noticed the

drinking water had changed around the time that the reclaimed water pipes were connected.

AMENDED COMPLAINT 2
6. Utilities Department management initially blamed the water quality issues on ground

disruption, which can cause sediment and other deposits in water pipes to loosen resulting in

discolored water. Relying on her extensive experience, Ms. Ferrigan informed management that

the water she saw during her inspections looked like reclaimed water. She advised that ground

disruption was not the probable cause of the problem.

7. Mr. Ferrigan knew from her extensive experience as an inspector that reclaimed water

could contaminate drinking water systems when backflow preventers were not installed or

malfunctioned. To confirm her suspicions regarding the nature of the water quality issues, Ms.

Ferrigan asked management for a list of the backflow preventers that had been installed.

Management ignored her request.

8. On December 6, 2018, Ms. Ferrigan was directed by her management to initiate cross-

connection inspections beginning with the home at 801 S. Ocean Blvd, Delray Beach. Ms.

Ferrigan’s inspection revealed a cross-connection contamination issue. She promptly reported

the discovery to her supervisor Scott Solomon, Manager of Water and Sewer. She also advised

her supervisor to contact State Warning Point, a State Office staffed around the clock that

records, analyzes, and shares emergency information with Federal, State, and County partners,

DOH, and the Florida Department of Environmental Protection (FDEP), to help them respond

appropriately. She also prepared to take samples and flush the drinking water system at 801 S

Ocean Blvd. to clear the contaminants.

9. A cross-connection problem occurs due to a temporary or permanent connection between

a public water system (drinking water) and any source or system containing non-potable water or

substance, like reclaimed (sewer) water. In Delray Beach, reclaimed water can only be used for

irrigation and other purposes that do not involve likely ingestion of the water. Delray Beach

AMENDED COMPLAINT 3
relies on a backflow prevention mechanism to ensure that dangerous contaminants, such as

microorganisms, bacteria, noxious chemicals, heavy metals, gases, and other potentially

threatening pollutants/substances, do not enter the community’s potable water system. However,

as Ms. Ferrigan discovered and reported, the City had inadequate backflow protections and other

problems.

10. On or about December 19, 2018, around a week and a half after Ms. Ferrigan’s discovery

and reporting, Utilities Department management reported the cross-connection issue to the

Florida Department of Health but failed to disclose that residents reported becoming sick.

11. Over the first few months of 2019, the City Manager and Utilities Department Director

were both fired. Caryn Gardner-Young, the then-Assistant City Manager, was also reassigned to

the position of Acting Director of Utilities.

12. On or about March 22, 2019, Ms. Ferrigan informed City Water/Sewer Manager Scott

Solomon, Deputy Director of Utilities Victor Majtenyi, and Ms. Gardner-Young of her findings

concerning the cross-connection issues. Ms. Ferrigan disclosed that many residents she

interacted with were fearful of the reclaimed water and were disconnecting from the reclaimed

water system.

13. On May 3, 2019, Ms. Ferrigan obtained a copy of the December 19, 2021 report to the

DOH concerning the cross-connection issue. She reviewed the report and immediately realized

that the former Utilities Department Director had failed to disclose that residents reported the

water was making them sick.

14. On or about May 6, 2019, in a telephone conversation, Ms. Ferrigan told Ms. Gardner-

Young that the report to the DOH about the cross-connection issues was fundamentally

incomplete because it failed to disclose that people were reporting that they were getting sick.

AMENDED COMPLAINT 4
15. On May 17, 2019, Ms. Ferrigan disclosed to Ms. Gardner-Young that major drinking

water contamination problems were detected and investigated beginning in November 2018. Ms.

Ferrigan detailed how the drinking water contamination occurred because of a cross-connection

issue and that the City mishandled its attempt to remedy the problem. Ms. Ferrigan noted that

residents reported getting sick, but that fact was not disclosed to DOH.

16. On January 2, 2020, DOH reached out to Ms. Ferrigan to arrange a meeting about the

cross-connection problems. She met with DOH on January 6, 2020.

17. On January 3, 2020, Ms. Ferrigan emailed Neal de Jesus, Delray Fire Chief, and Acting

City Manager, concerning the City’s reclaimed water issues because of the cross-connections

problems discovered in 2018. Ms. Ferrigan noted that the City did not previously notify the

public or the Department of Health about the issue. She informed Mr. de Jesus that DOH opened

an investigation into the matter after a resident complained to DOH. Ms. Ferrigan advised that, in

the past, Delray Beach ordered her not to speak with State health officials and that DOH had just

contacted her. She asked Mr. de Jesus to consider her email as a request for protection under

Florida’s whistleblower law.

18. On January 30, 2020, Ms. Ferrigan informed Mr. de Jesus that the DOH requested her

report on the cross-connection she discovered on December 6, 2018, and that she sent the copies

to the DOH’s attorney on January 3, 2020.

New Utilities Director, PFAS Contamination, and Damage Control

19. Delray Beach hired Hassan Hadjimiry as the City’s Utilities Director in the summer of

2020.

20. In August 2020, Mr. Hadjimiry received messages from residents concerning water

quality problems.

AMENDED COMPLAINT 5
21. On August 4, 2020, the nonprofit organization Public Employees for Environmental

Responsibility (PEER) issued a press release entitled “Toxic PFAS Taints Delray And Boynton

Beach.” See https://peer.org/toxic-pfas-taints-delray-and-boynton-beach/. Ms. Ferrigan assisted

PEER with obtaining a sample of the wastewater that was tested.

22. On September 2, 2020, The Coastal Star quoted Mr. Hadjimiry who said that Delray

Beach’s reclaimed water system “is the safest in the country.”

23. On or about September 8, 2020, the Utilities Department received a warning letter from

the DOH for failing to keep records and clean water storage tanks.

24. On or about September 10, 2020, the Astor Condominium sent a letter to the City

expressing concern about water quality problems their residents had reported. It asked for

assurances to fix the problems and noted that its homeowners’ association was paying high fees

for utilities.

25. On or about September 21, 2020, the DOH informed the Utilities Department of the

requirements for reporting cross-connection issues, and the PB-OIG issued a letter informing the

City that its office was investigating whether the City complied with DOH reporting

requirements.

26. On September 25, 2020, the PB-OIG sent a letter to Ms. Ferrigan informing her that she

met the statutory requirements for protection under Florida’s Public Whistleblower Act.

27. On October 7, 2020, Delray Beach Public Works Director Missie Barletto circulated an

email with a draft summary written by Fredrick Bloetscher, who was a friend of Ms. Barletto’s

and was hired under the direction of then-City Manager George Gretsas. Mr. Bloetscher was

retained despite the City Manager’s mandate to hire an independent company to investigate the

reclaimed water issues. The draft summary detailed the history of the City’s cross-connection

AMENDED COMPLAINT 6
program, the discovery of a cross-connection in December 2018, and the steps taken to resolve

the problem. The summary includes this quote attributed to Ms. Barletto:

Although the first inspection phase of the reclaimed investigation did not uncover any
physical cross connections other than the one discovered in December 2018 during the
construction of the Reclaimed 12C project, the testing phase on private properties has
uncovered several violations which are treated as cross connections by FDOH. These have
been created by property owners 801 S. Ocean Blvd. . . . The contractor Lanzo checked
and/or installed dual check valves at 11 potable water meters, 13 remaining to be checked.
None of these missing dual checks has presented a threat to the public drinking water
supply because all backflow prevention devices have been in place prior to testing.

Media Scrutiny Creates More Pressure on City Officials

28. On October 28, 2020, The Coastal Star published a story entitled “Delray Beach:

Timetable unclear on reclaimed water issues.” See

https://thecoastalstar.com/profiles/blogs/delray-beach-timetable-unclear-on-reclaimed-water-

issues. The article stated, in part:

More than three months have passed since local DOH environmental leaders met with
Delray Beach utilities and legal staff to review 13 possible violations in the city’s
reclaimed water program. “The department expects the report to contain a full
accounting/inventory and compliance history of all reclaimed water connections,” wrote
Jorge Patino, water, and wastewater administrator at the Florida DOH. “Any omissions
may be construed as reporting violations” . . .

Patino was alerted to the latest issue by Christine Ferrigan, a Delray Beach utilities
inspector, who sent a Sept. 15 email to the environmental health director and the local
DOH legal director.

Ferrigan was hired in June 2017, six months before the city contracted with Lanzo
Construction to install the reclaimed water system in the southeast portion of the barrier
island . . .

In her email to the DOH, Ferrigan wrote about a Sept. 11 meeting with city Utilities
Director Hassan Hadjimiry and the department’s compliance manager, at which she said
she was told “to remove all history of several locations that have shown prior reclaimed
violations/cross connections.”

Ferrigan explained that the properties were located along South Ocean Boulevard and had
converted back to potable water for irrigation because they had a cross connection.

AMENDED COMPLAINT 7
 A cross connection discovered there in December 2018 triggered this year’s review of the
citywide reclaimed water program. A woman who lived in that area called the
Tallahassee DOH that informed the local office of the Florida DOH on Jan. 2 to say she
was not adequately informed of the 2018 cross connection. A cross connection happens
when drinking water pipes are mistakenly connected to reclaimed water pipes.

29. On October 30, 2020, The Palm Beach Post published an article entitled “Nonprofit

warns of chemicals in Delray Beach water; city insists quality meets standards.” See

https://www.palmbeachpost.com/story/news/local/2020/10/30/nonprofit-warns-chemicals-

delray-beach-water-city-insists-standards-met/6077244002/.

30. On November 18, 2020, local CBS affiliate CBS12 News published a story entitled

“Environmental group says there are 'alarming' levels of chemicals in Delray Beach water.” See

https://cbs12.com/news/local/environmental-group-says-there-are-alarming-levels-of-chemicals-

in-delray-beach-water.

The City Responds to Criticism and Scrutiny by Escalating Retaliation

31. On November 20, 2020, Ms. Ferrigan attended a meeting with Mr. Hadjimiry, Ralph

Lugo, Manager of Water and Sewer, Alicia Magloire, Environmental Compliance Manager,

Victor Majtenyi, Deputy Director of Utilities, and Juan Guevarez, Deputy Director of Utilities,

and others to discuss the PFAS test results published by PEER and covered by the media.

During the meeting, Ms. Ferrigan revealed that she provided PEER with the samples it had

tested.

32. On November 29, 2020, Ms. Ferrigan applied for the newly created Cross Connection

Control Coordinator position. She had served as a de facto Coordinator for some time without

AMENDED COMPLAINT 8
receiving pay commensurate with her responsibilities. In her de facto role, Ms. Ferrigan laid the

groundwork and implemented the cross-connection control program, wrote the program’s

protocols, knew the history, the area, and the locations, and discovered and corrected the cross-

connections and violations. She was not promoted to the new position despite being uniquely

qualified.

33. On December 11, 2020, PB-OIG requested additional information for its investigation.

Ms. Ferrigan informed Ms. Magloire that she might have to come in on a Saturday to get

additional information for PB-OIG. Ms. Magloire informed Mr. Hadjimiry of Ms. Ferrigan’s

intentions. Mr. Hadjimiry then instructed Ms. Ferrigan during a meeting not to come in to work

on a Saturday and that she was no longer permitted to talk to PB-OIG. During the meeting, Mr.

Hadjimiry relayed to Ms. Ferrigan that he would inform PB-OIG that Ms. Ferrigan could no

longer talk to them.

34. On December 13, 2020, Ms. Ferrigan disclosed to the PB-OIG investigator that she was

instructed not to cooperate with them.

35. On or about January 7, 2021, the DOH developed a Civil Penalty Authorization Memo

(Memo), which describes the nature of the City’s public health and similar violations related to

its drinking water. These were violations that Ms. Ferrigan reported. Indeed, Ms. Ferrigan is the

unnamed “City of Delray Beach Employee” referenced on page 2 of the Memo. The Memo

recommended the Director approve a nearly $3 million penalty to negotiate a Consent Order with

the City.

36. On April 1, 2021, the City passed over Ms. Ferrigan for the newly created Cross-

Connection Coordinator position in favor of the lesser qualified Bradley Hasseler. Mr. Hasseler

had no background in Florida water laws and regulations, no experience in Florida’s reclaimed

AMENDED COMPLAINT 9
water programs, lacked credentials required by Florida in backflow and cross-connections and

had limited experience with cross-connection issues.

37. In early April 2021, Delray Beach removed Ms. Ferrigan from conducting cross-

connection inspections.

Palm Beach County Office of Inspector General Finds City Concealed

Residents’ Illnesses and the Harassment and Retaliation Continues

38. On May 6, 2021, the PB-OIG issued Investigative Report 2020-0007 entitled, Delray

Beach Reclaimed Water Reporting. See http://www.pbcgov.com/oig/docs/reports/05-06-21-

Delray_Beach-Reclaimed_Water_Reporting-2020-0007.pdf. The report confirmed Ms.

Ferrigan’s allegation that the City falsely omitted any reports of sickness or illness had been

received regarding a cross-contamination incident in their report to the DOH. Ms. Ferrigan’s

disclosures are noted throughout the report. The report begins by stating “[i]n February 2020,

the Palm Beach County Office of Inspector General (OIG) received a complaint from a

whistleblower (WB) alleging City of Delray Beach (City) officials were intentionally concealing

from state officials that reclaimed water had contaminated the City’s drinking water system and

that City residents reported being sickened by the contaminated water.” The report also includes

Ms. Ferrigan's response to the report as Attachment B. City officials knew or strongly suspected

that the whistleblower being referred to was Ms. Ferrigan.

39. On July 26, 2021, Ms. Ferrigan received an unjustifiably low evaluation (3.31/5). In past

years, Ms. Ferrigan received four-plus evaluation scores.

40. On September 7, 2021, Ms. Ferrigan met with HR Director Dot Bast and City Manager

Terrence Moore to discuss ongoing retaliation, bullying, and the contents of the PB-OIG report

that related to bullying. During the meeting, Moore and others claimed they took Ferrigan’s

allegations seriously and would investigate them.

AMENDED COMPLAINT 10
 Department of Health Finds Safe Drinking Water Violations Resulting in Consent Order

41. On September 30, 2021, NBC affiliate WPTV 5 reported the DOH’s plans to sue the City

“to enforce the city’s alleged violations of the Florida Safe Drinking Water Act after the parties

were unable to reach an agreement on a proposed consent order.” See

https://www.wptv.com/news/local-news/investigations/florida-department-of-health-to-sue-

delray-beach-over-alleged-water-violations.

42. In October 2021, Ms. Ferrigan was contacted on several occasions by employees who

feared retaliation. They reported that Mr. Hadjimiry had directed Cross-Connection staff to

remove information that was required to be reported in the City’s database concerning

backflows. In November 2021, Ms. Ferrigan disclosed these concerns to Rafael Reyes, Director

of Environmental Public Health for the Florida Department of Health, Palm Beach County

office.

43. City employees also reported to Ms. Ferrigan that management was falsifying, and

concealing information related to water treatment.

44. The Utilities Department received complaints from customers concerning yellow or

brownish water with suspended solids. A Longhorn Steakhouse in Delray Beach had to

temporarily close because its water purification system could not clear up the water.

45. Ms. Ferrigan reported the problems and concerns relayed to her to Mr. Reyes and the

Department of Health’s Chief Legal Counsel Catherine Linton. Ms. Ferrigan told the health

officials everything that the employees told her and advised that there were pictures to support

the concerns.

46. On November 12, 2021, DOH issued a Consent Order requiring the City of Delray Beach

to pay a fine and costs totaling $1,021,193.90. Consent Order ¶ 6. The Order finds the City

AMENDED COMPLAINT 11
violated at least nine (9) regulatory standards concerning its cross-connection program and lists

the City’s violations, including that the City “submitted one or more false statements.” Consent

Order ¶ 4(a) – (i). The Consent Order mandates a timetable for corrective actions. Consent

Order ¶ 5.

47. On November 23, 2021, Ms. Ferrigan again contacted Mr. Reyes to report continuing

problems with backflows in the City’s water systems.

48. On December 29, 2021, The Coastal Star published a story entitled, “Delray Beach: City

pays fine, published admission of neglect in water program.” The article noted the City was

required to admit four errors that occurred during the period 2008 through early 2020. “The city

failed to inspect that its distribution system was protected from hazards; to ensure backflow

preventers were installed at each reclaimed water site; to evaluate each location for cross-

connections and backflow preventers, and to conduct initial and follow-up inspections and

investigate customer complaints.” See https://thecoastalstar.com/profiles/blogs/delray-beach-

city-pays-fine-publishes-admission-of-neglect-in-wat.

Ms. Ferrigan Reports Water Treatment Problems,

Submits Retaliation Complaint, and is Promptly Terminated

49. On January 13, 2022, Ms. Ferrigan contacted the DOH because water treatment operators

shared their concerns with her about brownish water with suspended solids leaving the water

treatment plant, customers were complaining about the water, and that City Distribution Crews

were told to flush lines.

50. On January 21, 2022, Ms. Ferrigan submitted a retaliation complaint to the City’s Human

Resources Department outlining the history of harassment and retaliation she experienced

because of her reporting to the DOH and other agencies. The City acknowledged receipt of the

AMENDED COMPLAINT 12
complaint. Mr. Moore, Ms. Bast, HR Generalist BJ Clay, Mr. Hadjimiry, and others were aware

of Ms. Ferrigan’s complaint.

51. On the morning of January 26, 2022, without any prior notice, Delray Beach terminated

Ms. Ferrigan. HR Director Dot Bast escorted her out of the building in front of other employees.

The purported reason for her termination was an alleged “reorganization.” Reorganizations

typically occur in an orderly fashion not in a rash manner without notice. Ironically, Ms.

Ferrigan's position had recently been approved and funded in the budget for the fiscal year. In

addition, to Ms. Ferrigan’s knowledge, her position was the only one to be eliminated in the

purported and pretextual “reorganization.”

52. Later that day, Ms. Ferrigan participated in her personal capacity in a conference call

with DOH officials to discuss likely violations of water treatment requirements at the water

plant. The City terminated Ms. Ferrigan, in part, to prevent her from disclosing information

about the Utility Department’s handling of cross-connection and drinking water contamination

issues to DOH or other oversight agencies.

53. The next day, January 27, DOH officials conducted an unannounced inspection of the

water plant. Available data was collected, and back records were requested. In response, the

City’s outside attorney submitted a public records request to obtain the details of the anonymous

call that led to the inspection.

54. On February 4, 2022, Ms. Ferrigan applied for the City’s Environmental Resources

Compliance Manager position.

55. On February 24, 2022, Ms. Ferrigan filed her initial whistleblower retaliation complaint

with the U.S. Department of Labor Occupational Safety and Health Administration.

AMENDED COMPLAINT 13
56. On February 25, 2022, Ms. Ferrigan’s counsel served an evidence preservation letter on

City Attorney Gelin.

57. On March 1, 2022, Ms. Gelin formally acknowledged receiving counsel’s evidence

preservation letter.

58. On March 2, 2022, Delray Beach terminated Ms. Ferrigan’s son from his job in the

Public Works Department in furtherance of the City’s continuing agenda to retaliate against Ms.

Ferrigan.

59. On March 3, 2022, the City rejected Ms. Ferrigan’s application for the Environmental

Resources Compliance Manager position.

The City of Delray Beach Violated Federal Law

60. Since 2018, the City and its management have engaged in a pattern of continuous and

repeated hostility and have perpetrated adverse employment actions against Ms. Ferrigan

because of her federally protected whistleblowing.

61. The City and its management engaged in discriminatory conduct by harassing,

intimidating, demoting, providing low performance ratings, refusing to promote, terminating,

and refusing to rehire Ms. Ferrigan in violation of the federal Safe Drinking Water Act (SDWA).

42 U.S.C. § 300j-9(i); 29 C.F.R. § 24.102(a) and (b).

62. The City and its management engaged in discriminatory conduct by harassing,

intimidating, demoting, providing low performance ratings, refusing to promote, terminating,

and refusing to rehire Ms. Ferrigan in violation of the Federal Water Pollution Control Act a/k/a

Clean Water Act. 33 U.S.C. § 1367; 29 C.F.R. § 24.102(a) and (b).2

2
U.S. EPA has given Florida the authority to administer the Clean Water Act, National Pollution Discharge
Elimination System (NPDES) Permit Program. See Florida Statutes § 403.0885. Florida has also received

AMENDED COMPLAINT 14
63. The City and its management engaged in discriminatory conduct by harassing,

intimidating, demoting, providing low performance ratings, refusing to promote, terminating,

and refusing to rehire Ms. Ferrigan in violation of the federal Solid Waste Disposal Act a/k/a

Resource Conservation and Recovery Act. 42 U.S.C. § 6971; 29 C.F.R. § 24.102(a) and (b).3

64. The unlawful retaliation perpetrated by the City and its management was undertaken

primarily to prevent Ms. Ferrigan and other employees from disclosing information that would

establish violations of state and federal drinking water and wastewater laws and regulations, and

permits, including the City’s Domestic Wastewater Facility Permit. The effort to conceal such

violations is ongoing.

Relief Requested

65. Considering the adverse actions taken against Ms. Ferrigan and a member of her family,

she requests the following relief:

(a) An order finding that the City and its management violated federal law;

(b) An order finding that the City and its management engaged in a pattern of continuing

violations of Ms. Ferrigan’s rights leading to the unlawful denial of promotion, termination, and

barring her from re-employment;

(c) An order finding that the City and its management were and are hostile toward Ms.

Ferrigan and other employees who engage in conduct protected by federal law;

authorization to administer other programs under the federal Clean Water Act. See, e.g., https://www.epa.gov/wqs-
tech/water-quality-standards-regulations-florida.
3
State solid waste plans are required to comply with various federal standards. See, e.g., 42 U.S.C. §§ 6943 – 6948.
Florida has received authorization to administer a hazardous waste program under RCRA. See, e.g.,
https://www.federalregister.gov/documents/2020/02/25/2020-03668/florida-proposed-authorization-of-state-
hazardous-waste-management-program-revisions.

AMENDED COMPLAINT 15
(d) An order requiring that the City hire a competent contractor approved by the U.S.

Department of Labor to conduct training of its managers, supervisors, and employees concerning

whistleblower rights and protections under the federal environmental laws;

(e) An order reinstating Ms. Ferrigan and requiring her promotion to the position of

Environmental Resources Compliance Manager, or a comparable position with the same or

higher salary and benefits, within ninety (90) days of her reinstatement;

(f) An order awarding Ms. Ferrigan back pay along with pre-and post-judgment interest;

(g) An order awarding Ms. Ferrigan back benefits for benefits lost or diminished because she

was unlawfully denied promotion and due to her termination;

(h) An order awarding Ms. Ferrigan all attorneys’ fees, expenses, and costs of litigation;

(i) An order awarding Ms. Ferrigan compensatory damages for her pain, suffering, stress,

humiliation, reputational harm, and other losses;

(j) An order reinstating and providing back pay and benefits to Ms. Ferrigan’s son;

(k) And such other relief as this tribunal may deem just and appropriate.

Respectfully submitted,

MEHRI & SKALET PLLC

______________________
Richard E. Condit
Cleveland Lawrence III
C. Ezra Bronstein
2000 K Street, NW, Suite 325
Washington, DC 20006
Tel 202-822-5100

AMENDED COMPLAINT 16