COMPLAINT AGAINST SARASOTA COUNTY BUILDING DEPARTMENT AND SARASOTA COUNTY CODE ENFORECEMENT FOR MISCONDUCT AND EXTORTION.

May 15, 2017

Ms. Kathleen Croteau- Sarasota County Building Official
Sarasota County Building Department
1001 Sarasota Center Blvd. Sarasota, FL 34240

Mr. Matt Osterhoudt – Director
Sarasota County Planning and Development Services
1660 Ringling Boulevard Sarasota, Florida 34236

Mr. Thomas A. Harmer - Sarasota County Administrator
Sarasota County Government
1660 Ringling Boulevard Sarasota, Florida 34236

FORMAL COMPLAINT


Victim: - Florida Home Improvement Services, Inc., A Florida Corporation. State of Florida Certified Building Contractor License # 1251225, State of Florida Certified Roofing Contractor License # 1330627 and State of Florida Certified Air Conditioning Contractor License # 1817880. I am a multi-licensed State of Florida Certified and Licensed Contractor. I hereby file this formal complaint against the following three Sarasota County Building Department employees:

Guy McCauley – Deputy Building Official – Sarasota County Building Department.
Robert Lepley – Code Enforcement Officer - Sarasota County.
Kimberly Lineberry – Code Enforcement Officer - Sarasota County .
The three Sarasota County Government employees mentioned above representing the Sarasota County Building Department have violated Florida Statutes 112.312(3) and 112.312(8) and in fact breached public trust through unethical conduct and by creating a conflict between public duties and my corporate private interests and my rights to operate a construction and remodeling company under my State of Florida Certified licensing contracting rights. These same county employees have also violated the United States Fourth Amendment rights of one of my sub-contractors/employees; James C.

These three Sarasota County employees: Guy McCauley - Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement have Bullied, Intimidated, Threatened and Harassed me and I have been blackmailed/extorted under illegal demands and threats made by the Deputy Building Official Guy McCauley to produce my private and confidential banking records under threats of harm to my company and threats of Stop Work Orders
if I did not produce the private banking information. These threats are classified as Extortion: ”Making a threat which refers to a requirement to halt future harm, is sufficient to commit the offense”. Extortion also refers to the infliction of something and in this case, the threats of Stop Work Orders if the contractor did not produce the private banking information and if the contractor (me in this case) did not comply with the orders of a public official representing the Sarasota County Building Department. Harm and injury was threatened in the form of shutting down my businesses through Stop Work Orders on all my jobs; thereby damaging my private corporation and its private interests. “Extortion is an oppressive misuse of power with which the law clothes a public officer by means of illegal compulsion also known as acting under color of office”. The victim in this case (my company and I), was forced to produce documentation demanded under the ultimatum of blackmail (To force or coerce into a particular action, statement, etc.) by Guy McCauley – Sarasota County Deputy Building Official against my will, even after I vehemently and adamantly refused. I involuntarily yielded to the official authority of a representative of the Sarasota County Building Department in reaction to Sarasota County Deputy Building Official Guy McCauley’s illegal threats and demands and Guy McCauley – Sarasota County Deputy Building Official’s forced coercion in order to avoid my company being completely shut down of all its operations in Sarasota County as threatened by the Sarasota County Deputy Building Official Guy McCauley. I objected several times and also quoted the laws to the Sarasota County Deputy Building Official Guy McCauley and stated “this is extortion; you have no right to my private banking information”.

The salient facts and chronological details of this formal complaint are contained herein.

Now and therefore; I hereby request a formal investigation and a formal hearing by and before the Sarasota County Administrator and the Sarasota County Commissioners to resolve these issues and behaviors by the Sarasota Building Department’s Code Enforcement Division and Sarasota County. I am in the process of filing formal complaints with the State of Florida Commission on Ethics, Division of Professions Building Code Administrators and Inspectors Board and the Florida Department of Business and Professional Regulation Florida Construction Licensing Board and requesting the State of Florida to also conduct an investigation as I now seek legal remedy as I have been unfairly and unjustly treated by these three Sarasota County employees. A serious abuse of power has transpired as I have been misled and have been misinformed and have been treated with extreme prejudice. My company, my work and my livelihood as well as those of my employees and subcontractors have been significantly impeded due to the incidents that took place as indicated herein.

I hereby state that I also wish to confront these three individuals that have violated my constitutional rights and these Sarasota County Government representatives who have misquoted the laws of Florida, Bullied, Intimidated, Threatened and Harassed me and made statements that are not consistent with the duties and responsibilities of an agency sworn to protect and preserve the rights of its citizens. The Deputy Building Official Guy McCauley and Robert Lepley of Code Enforcement were informed by myself immediately as mentioned herein as to what the laws are, and what is clearly stated on the Sarasota County Building Department’s web site and also to the validity of my licenses and scope of work as mandated by the Department of Business and Professional Regulation and Florida State Senate. In short, these individuals either had no idea what the laws are that they are supposedly trying to enforce, even after I informed both Robert Lepley of Code Enforcement and the Deputy Building Official Guy McCauley and also immediately emailed the laws to these individuals to my workers vehicle where the laws were immediately printed and handed to these Sarasota County Employees; yet they were still oblivious and argumentative as to what the Florida Statutes that were sent over are and what is clearly listed on their county web site, or worse yet were driven by some ill motivated; Or Guy McCauley - Deputy Building Official and Robert Lepley of Code Enforcement were motivated by an even more devious, sinister and yet to be disclosed reason, which all the evidence points to0.

I have had lengthy communications with the following agencies prior to filing this official complaint and have sought the advice and direction from these various agencies in order to inquire and to properly prepare this formal complaint:

Internal Revenue Service (IRS), regarding certain remarks and extortion demands made by Guy McCauley the Sarasota County Deputy Building Official.

Federal Bureau of Investigation (FBI), including an FBI investigator I met at the Sarasota Sheriff’s Office while picking up a Probable Cause Affidavit to be filed against two of these Sarasota County Building Department Code Enforcement employees.

Florida Department of Law Enforcement (FDLE).
State of Florida Attorney General’s Office in Tallahassee, Florida.
Sarasota County Sheriff’s Office.
Department of Business and Professional Regulation Investigators; Fort Myers and Tampa.
My Corporate Certified Public Accountant.

Bank managers at my banks: Chase Bank, Bank of the Ozarks and Bank of America.
Florida Association of Code Enforcement – Code of Ethics.
State of Florida Building Officials in other jurisdictions.
Code Enforcement Chiefs in neighboring Code Enforcement jurisdictions.
Code Enforcement Officers in neighboring counties and cities.
I have also discussed the details contained herein with my corporate attorney in Sarasota and a family member who is a prominent labor law attorney elsewhere.

The above-mentioned agencies and persons have been contacted and interviewed in order to ascertain and to prepare this formal complaint prior to filing this detailed and chronological complaint.

I am a multi licensed State of Florida contractor conducting business as a new construction and remodeling contractor. I am licensed to build homes, additions, remodeling, new roofs, air conditioning, code enforcement resolutions with stop work orders and work without permits, structural repairs and the hurricane resistant design criteria as a draftsman with load calculations for uplift loads, gravity loads, span tables and deflection, tensile loads, sheer wall protection, and other structural work. I am licensed for both residential and commercial structures through the Florida Department of Business and Professional Regulation, Construction Licensing Board. All of my three contractor licenses and certifications are current and up to date as is my liability insurance and other lawful requirements including decades of continuing education as mandated by the Department of Business and Professional Regulation in Tallahassee, Florida.

I have a college degree in Management and have attended and successfully passed various law courses in college. I have also been required to study the particular laws that pertain to my construction professions including the large Contractor Manual whose motto in the Millennium Edition is;
“The Key to Individual and Business Growth in the Construction Industry is Knowledge Through Education and Training”. I have also been versed in other required publications as well as decades of continuing education since being certified by the State of Florida Department of Business and Professional Regulation, which always includes Florida Statute 489 and its sub-paragraphs.

I have worked with Code Enforcement Officials in various building departments throughout the State of Florida including Sarasota County where the namesake of my company is (“Sarasota Construction & Remodeling Co. “) and where I have done the majority of my work.

I have worked with special magistrates, special prosecutors, code enforcement officials and have resolved many issues regarding unlicensed activity and work without permits for property owners throughout the State of Florida and am quite adept at the contracting Laws of Florida and in particular Florida Statute 489 including the 2014 Florida Statutes as stated in Senate Bill # 704 (2012), s. 489.105(3)(d)-(o), which two of the accused; Deputy Building Official Guy McCauley and Robert Lepley Sarasota County Code Enforcement employees have vehemently disagreed with.

I have also been designated as a judge between various law firms as the presiding authority regarding construction problems between contractors and homeowners by evaluating the evidence and providing a binding ruling between the parties after hearing both sides of the legal arguments and corresponding documentation.

I have been registered to work as a State Licensed Contractor in Sarasota County for quite some time and have also been an authorized agent through my previous business partner in another construction company where I was a 50% shareholder/owner in the 1990’s and an authorized agent with my business partner whose State of Florida Certified Building Contractor license was registered in Sarasota County. I have worked with Sarasota County Building Department for over two decades when Chuck Raml was the plans examiner and many others. I even called the Building Official Kathy Croteau several months back and made a compliment how working with Sarasota County Building Department was such a joy to work with and how professional the office staff are including Brad and the others at the front office, Steve Bell and many other building inspectors as well as the plans examiners; from Mark Czerwinski, to Richard Baron, Gary Wile, Mark Suffoletto, Joe Pozzi and Henry Tejeda, who have all painstakingly gone out of their way to meet with me and clarify any and all of my questions in a very professional and extremely courteous manner.

I graduated High School in New York and also have a college degree, where, post high school I graduated and studied Management I & II, Business Law I & II, Administration, Customer Psychology, Economics, Accounting, Communication in English, Afrikaans Kominikasi, Zulu, French I, German I, Customer Relations, Personnel Management, and many other subjects in South Africa at the Technikon Witwatersrand University, which is now Johannesburg University under various Professors and Dr. Mornay who eventually became the Dean.

Although I am South African born; I am a United States of America Citizen and carry a valid United States of America passport. I can also produce my U.S. citizenship papers to those that doubt I am a legitimate citizen of the United States of America; I am in fact a legitimate United States of America Citizen.

My father in South Africa always taught me to never buck the system and to never go against the government, and to always treat government officials with courtesy. When I lived in South Africa during Apartheid and when I have been stopped by the SAP (South African Police) or South African Defense Forces, or even here in Sarasota by Sheriff’s Deputies, I have always tried to be very respectful and courteous for favorable outcomes, be it a possible traffic ticket or a demand/request for my South African “
Book of Life” document papers as it was called in South Africa. I have followed this same philosophy here in the United States of America and it has served me well until now.

My father always said; once you go against a government agency you will have a huge target on your back. I recently explained the situation to my father in South Africa with these three Sarasota County Employees including the Deputy Building Official Guy McCauley, Robert Lepley and Kimberley Lineberry. My father recently advised me and stated; in this case it’s obvious, you have no choice, they have it out for you and they will find ways to make your life a living hell and if you have to shut the business down because of them, so be it, however, you have to apply every legal means to resolve these issues and if you don’t they will never stop, so do what you must my boy, I’m always here for you.

I, the licensed contractor and my worker James C. have been unfairly targeted and treated in a very demoralizing manner and with extreme prejudice in an unjust manner by these three Sarasota County Employees; Guy McCauley – Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement by their behaviors and treatment both collectively and individually and my constitutional rights, my rights as a State Certified and Licensed Contractor and my rights as a legitimate citizen of the United States of America have been violated and a formal investigation and hearing is hereby requested and warranted.

These three Sarasota County Employees: Guy McCauley – Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement who visited my jobs sites one after another and then finally swarmed on my one job site have mistreated me, made false accusations against me, slandered my name and also misquoted the Florida Statutes and the laws as clearly stated on the Sarasota County Building Department’s web site and obviously created their own set of laws in the field that defy explanation. I have been slandered; my name and private business has been damaged for their own personal and/or political purposes. My subcontractors have also been adversely affected and a serious injustice has taken place. Unfortunately many of my subcontractors have refused to continue working with me due to the actions of Sarasota County Code Enforcement and the subcontractor’s fears of being targeted by being associated with me. A financial hardship has been created by Guy McCauley – Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement, leaving my business in shambles and made the future success of my company quite bleak due to this blatant disregard for the Code of Conduct as detailed in the Sarasota Code of Conduct training manual, the Florida Statutes and James C.C. and my Constitutional rights including those of the Fourth Amendment were violated.

CHRONOLOGY OF EVENTS AND FACTS:

On February 16, 2017 one of my workers/subcontractors; James C. stated that an individual called him on his cellular telephone who did not clearly identify himself and began to interrogate him quite severely regarding one of my job sites at Old Branch Road Sarasota. I asked James C.; who it was that called him. James C. stated; he did not know. I asked if his name was Guy McCauley or someone from the County. James C. said; I am not sure who it was. I asked what he was asked and James C. said; he was interrogated as to who did the Air conditioning work and who did the electrical work at the job site at Old Branch Road and other questions. I told James C. I would make some calls and see if I can figure out who it was.

I called Guy McCauley – Deputy Building Official and inquired if he had spoken with one of my employees and Guy McCauley stated yes. I said; how could I help you. Guy McCauley asked who did the electrical work, I told him the electrician. Guy McCauley then said; you don’t have a license to do electrical work, did you do anything to the electrical. I replied yes. I stated that I chipped the filled cells where the electrical boxes recess into. Guy McCauley stated, you cannot do anything to the electrical system since you do not have an electrical license. I stated; I disagree. Those structural walls are my responsibility and not the electricians. Block walls, framed walls, filled cells on the structural walls for the electrical boxes to recess into are done by me chipping the necessary depth for electrical boxes since electricians in the past have destroyed the structural integrity of my walls.

I then explained that I also secured the furring strips, bottom and top horizontals and also the verticals. I explained again that I do not allow electricians to drill and chip into my structural block walls due to damage to my load bearing walls and that the structural envelope is the duty and responsibility of the builder and not the electrician.

Guy McCauley - Deputy Building Official then asked; Who did the Air Conditioning work; I said; I did it personally while on the job with a helper. Guy McCauley said; you don’t have an AC license, I said; I most certainly do. Guy McCauley said; no you don’t. I said; call your office and speak with Jenna in licensing and you can see, or go online and check at the State’s web site. Guy McCauley said; you don’t have one. I said; seriously? This is public information, look it up on myfloridalicense.com and you are in Code Enforcement and you don’t know how to look it up, you’ve gotta be kidding me? Call your office and you will see I indeed have an AC license along with two other licenses.

The next day on Friday February 17, 2017; James C. (same individual interrogated by Guy McCauley) was sitting in his vehicle facing south in the driveway at 4728 Acorn Circle Sarasota, Florida with his dash-cam on and the homeowner’s surveillance security system facing the same way talking with me on the phone. James C. also has a phone app called Call Recorder that records all phone calls. I was giving James C. advice regarding his recent cold/flu illness and giving him advice to go home and get rest and to drink plenty of fluids. I also advised James C. to get some Gatorade, DayQuil and NyQuil and to be careful with the dosage. At approximately 10:36 am EST, while I was on the phone with James C. who was preparing to drive off, a vehicle pulled in front of him and blocked him in as he was leaving. James C. said; to me on the phone; someone just pulled right in front of me and I can’t leave, I said; Who is it, James C. said; I don’t know. I asked; does it have a company logo on the vehicle, James C. said; no, nothing. I said; then go see who it is and what they want, I’ll stay on the phone with you.

James C. then exited his vehicle to inquire with the driver of the vehicle while still on the phone with me. The driver (a male voice) asked; are you James C. in an aggressive tone. James C. replied; yes. This same person, then exclaimed; Gimme your drivers license! I’m writing you a citation. James C. said; I don’t even know you, the male then stated again; Gimme your drivers license! I’m writing you a citation. James C. replied; I still don’t know who you are and I don’t feel comfortable giving you my license. Then the person said; to someone else sitting in the passenger seat of the vehicle, did you hear that, did you hear that? And this male individual then exclaimed; Then I’m issuing you a stop work order. James C. said; Who are you? The individual said; I’m with the County. James C. said; I still have no idea who you are. James C. then said to me; I have no idea who these people are, this is scary. I told James C.; Then just leave. James C. said; I can’t leave they have me blocked in. I said; Drive your truck around them. James C. replied; I can’t there is nowhere to go, the trailer is to my right and the minivan is on the left and also the SUV. I told James C.; put this guy on the phone. James C. said; No, he’ll steal my phone. I said; Put him on the phone and if he steals your phone I’ll buy you another one. Take a step back and be careful. James C. said; I think he’s here to hurt me and now there’s another vehicle that just pulled up. I said; Who is it. James C. said; I have no idea, but he also has me blocked in. James C. said; call 911 for me, this is F*&%ed up. I said; Just put him on the phone.

The phone was handed to the unidentified male. I asked; who is this; The male voice said; Bob. I said; Bob who? He said; Bob Lepley. I said; Oh, hi Bob what can I do for you? Robert Lepley (Code Enforcement Official of Sarasota County) said; I’m shutting you down for hiring unlicensed subcontractors and issuing Stop Work Orders and citations. I said; seriously? We’ve done nothing wrong. Robert Lepley asked in a demanding tone; Does this guy work for you? I said; Yes. Robert Lepley asked; is this guy your employee or a subcontractor. I said; both. Robert Lepley replied; this guy doesn’t have workers comp. I said; he has his own waiver. Robert Lepley said; he is not covered under your worker’s comp and he has to be. I said; Bob, you’re wrong. Robert Lepley then said; I’m stopping all work and issuing citations. I said; seriously Bob? What is this all about? Robert Lepley said; you have been breaking the law and we’re shutting you down. I replied; you can’t be serious, I’ve done nothing wrong. Robert Lepley said; I am very serious and we’re here to put a stop to it. You have unlicensed people working on your job. I said; No I don’t they are covered under my Scope of Work per the Florida Statute. Robert Lepley said; They have to be employed directly by you. I said; He is in the capacity of a subcontractor. Robert Lepley said; You can’t hire unlicensed subcontractors to work for you, you have to have direct employees or they have to have their own contractors license. I said; Bob you are dead wrong. Robert Lepley then got more aggressive and said; NO! Loudly and aggressively; They must have a workers comp policy covered by you and be your direct employee. I said; Bob, really? You are wrong, that’s not what the Florida Statute reads and you should know better than this.

I then replied; this guy James is a subcontractor and he has his own workers comp exemption. Robert Lepley said; NO HE DOES NOT! I said; Bob, this is easy to ascertain, look it up on the State database. Robert Lepley said; I did and you do not have workers comp for him. I said; seriously, what the hell is going on Bob, this makes no sense, the Florida Statutes are clear and easy to understand, this guy works for me as a subcontractor. Robert Lepley said; Yeah but you pay him directly. I said; It’s none of your business how I pay him. He has a legitimate corporation and he has a valid worker’s compensation exemption. Robert Lepley said; “He has to be a direct employee of yours and not an unlicensed subcontractor. I said; Bob, Bob, you’re wrong; I have the statute right here. Robert Lepley said; Well, I’m issuing a Stop Work Order and a citation to him. I said; You have no right and you are wrong, wrong, wrong. By this time I pull the statute out of the folder I have in my office and read it to Robert Lepley as follows:

Bob, here is the Florida Statute; Per the 2014 Florida Statutes and as stated in the Florida Senate Bill # 704 (2012): (2) A person must be certified or registered in order to engage in the business of contracting in this state. However, for purposes of complying with the provisions of this chapter, a subcontractor who is not certified or registered may perform construction work under the supervision of a person who is certified or registered, provided that the work is within the scope of the supervising contractor’s license, the supervising contractor is responsible for the work, and the subcontractor being supervised is not engaged in construction work that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o).
Robert Lepley says; I don’t care what it says, I’m stopping all work and shutting you down! I said; holy shit, are you serious, I can’t believe you’re doing this; again you are wrong, dead wrong. I say; the law is also on the county web site, plain for everyone to see. Robert Lepley says; what you’re saying is wrong. I say; holy crap, I’m on the county web site right now and its right here in black and white, and you don’t know this? Robert Lepley says; I don’t care what it says, you’re breaking the law. I say; No I’m not, you are wrong!

I then say; Let’s meet now, I’ll bring the statute and documents and we can sort this out. Robert Lepley asks someone something (I could not hear), and then says he can’t meet today, we’re shutting you down and you can come to the office next week on Tuesday. I say; I cannot afford to be out of business, we need to handle this now, I can meet you anywhere you want and I am willing to meet now. Robert Lepley says; NO! We’re shutting you down issuing you Stop Work Orders and a citation to this guy James and you can come in Tuesday. I say; No, this is bullshit, and you can’t do this.

Robert Lepley says; Here’s my boss speak with him. Then another male person gets on the phone. I ask; who is this, he says Guy, I say; Guy McCauley? He says yes. I say; and you’re there too? What the hell is going on?

Guy McCauley – Sarasota County Deputy Building Official: You have unlicensed workers and we’re shutting you down and issuing Stop Work Orders and James is getting a citation. I say for what? Guy McCauley (Deputy Building Official) says; Everyone working on your job has to have their own contractor license. I say: You’re wrong!

Guy McCauley: This employee works for you and is not covered under workers compensation.

I say: He is a legitimate subcontractor and has his own workers compensation exemption.

Guy McCauley: You can’t hire unlicensed subcontractors; he has to have his own workers compensation policy.

I say: Guy you are wrong.

Guy McCauley: He has to have his own contractor’s license and cannot work under yours.

I say: Yes I can and the Florida Statutes are very clear and concise in this matter, I know the statute and have it right here and I‘ll read it to you. And as such I dictate the Florida Statute as listed below:

Per the 2014 Florida Statutes and as stated in the Florida Senate Bill # 704 (2012): (2) A person must be certified or registered in order to engage in the business of contracting in this state. However, for purposes of complying with the provisions of this chapter, a subcontractor who is not certified or registered may perform construction work under the supervision of a person who is certified or registered, provided that the work is within the scope of the supervising contractor’s license, the supervising contractor is responsible for the work, and the subcontractor being supervised is not engaged in construction work that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o).
Guy McCauley: He has been doing work that requires him to have his own contractor’s license. I say; no he has not, he is working under the scope of my license and only doing work that I am licensed to do. Guy McCauley: You pay him directly. I say; how I pay him is none of your business. Guy McCauley: Then we’re shutting you down. I then say: I don’t think my banking information is any of your business and I don’t think a judge would even give you a subpoena for my private and confidential banking records. I then say; Guy, the law is listed on the county web site, your web site, plain for everyone to see and advertised right there. Guy McCauley says; You’re wrong and I don’t care what it says, you’re breaking the law. I say; No I’m not, you are so wrong!

Guy McCauley: I have the right to know how you pay this person. I say; That’s none of your business and you can do a search for his corporation and workers comp. It’s simple you can look it up online, it’s public information at the Division of Financial Services, you should know this, but my banking records are not open for public scrutiny and you have no right to them.

Guy McCauley:
If you don’t give me a copy of how you pay him, I’m shutting you down and issuing Stop Work Orders. I say: I think you are wrong and as I said; before, my confidential banking information is none of your business.

Guy McCauley: Then I’ll get the information from the IRS.

I say: The Internal Revenue Service is not allowed to give you that information and again you are wrong, my tax records are none of your business and there are privacy laws.

Guy McCauley: Well, we have our ways of getting the IRS to give us your information.

I say: Seriously Guy, you are wrong; they will not give you anything. This is just wrong!

Guy McCauley: Oh yeah, I can get them and if you don’t give it to me, I’m shutting you down.

I say: So, you are forcing me to send you my private and confidential banking information? And again you’re wrong. The only reason I’ll send it to you only because of this extortion ultimatum and in order not to get my business shut down, but again you are wrong and I think any judge would agree.

Guy McCauley: He also needs to have his own workers compensation policy, and not a comp exempt.

I say: NO, he does not, the workers comp issue is a State issue and the Division of Financial Services disagrees with you and I have already spoken with the State in the past and as a matter of fact the State Investigator was here a couple of weeks ago and everything checked out fine.

Guy McCauley; Oh, they were here? I say; Yes they were.

Guy McCauley: We looked up your company and you also do not have a workers comp policy.

I say; I have an exemption and hire legitimate subcontractors that have comp exemptions.

Guy McCauley: Well you can’t to that, they all have to have their own policy and as do you and they have to be directly employed by you or they have to have their own contractor license.

I say: Guy, you can’t be serious, YOU ARE WRONG! The Florida Statutes are very clear and easily understood, I will read the Statute to you again:
a subcontractor who is not certified or registered may perform construction work under the supervision of a person who is certified or registered.

Guy McCauley: I don’t agree.

I say: How is this so difficult for you to understand? You don’t agree with the Florida Statutes that you are trying to enforce and you don’t agree with what is on your web site? Holy shit! This is unbelievable and you’re the Deputy Building Official? Damn.

At this time James C. still has no idea who these people are as they have no identification, did not properly introduce themselves in their official capacity or show any type of valid identification and so James C. goes over to one of the vehicles where there is an unidentified woman (Kimberley Lineberry) and asks what is going on and this unidentified woman says,
“this contractor has been doing this for a while and were here to shut him down. He has done this before and never resolved it”. James says what? She says; “hiring unlicensed people to do work that requires a license, and we’re here to shut him down”.

I then say to Guy McCauley; when can I meet you so we can resolve this, can I come to your office?

Guy McCauley says; I don’t have time: I’m issuing a Stop Work Order and giving James a citation.

I say: He’s is a legitimate subcontractor and has his own corporation. He was not even working on that job, but simply sitting in his truck and you are seriously stopping all my work? I can’t believe this, let’s meet at your office now and resolve this.

Guy McCauley says; I don’t have time, I’ll do the Stop Work Order and you can come to my office next week on Tuesday.

I say; I can’t afford to be out of business till Tuesday.

Guy McCauley says; That’s not my problem.

I say; But Guy, you’re wrong! I read you the Florida Statute and it is clear as day that you are wrong.

Guy McCauley says; Oh well, I’ll do what I have to do and you can come in Tuesday.

Guy McCauley then says; And your workers comp for your AC license has expired.

I say; its not expired. Guy McCauley says; IT’S EXPIRED! I say; it is NOT expired. Guy McCauley says; NO it is expired.
I then say; I have it right here and it certainly is not expired. It may not be updated it your system, but it’s certainly not expired. I’ll email a copy of it now to your office to Jenna as we speak. I email it over.

Guy McCauley says; Well, Im shutting you down until we can sort this out.

I say; You have no grounds to shut me down. No probable cause and you are wrong, dead wrong. I then say to Guy McCauley; I’ll send you the law, James’ workers comp to prove to you that I am telling the truth. I don’t know why you are doing this or who sent you or why, but this is so wrong, but I’ll find out.

Guy McCauley says; And how you pay him? I again say; Again that is none of your business and its private banking that you are not entitled to.
Guy McCauley says, again, send it to me
or I’ll get it from the IRS. I say; You have no right to have any of my banking information, but if this is what I have to do since you have me against a wall unjustly then I will send it against my will in order to keep my businesses running and not jeopardize my workers/subcontractors and my own livelihood.

I then say; Give James back his phone so he can receive the email and print out the documents in his truck. I tell James C.; to put his printer on in his truck and print the documents I am sending him and hand them to the last guy on the phone.

I send the email and wait a few minutes. I then call James C. back and ask if he printed the documents and he says yes. I say; Did you give them the paperwork? James C. says; yes, but inquires as to what right do they have to my check, that’s just wrong and I don’t want these guys having my banking, its wrong. I say; Let’s just get these thugs off our backs, I’m not sure what the hell is going on but there is something very sinister at play here and I will get to the bottom of it.

I tell James C.; Let me speak with the last person that was on the phone.

I again speak with Guy McCauley again (Deputy Building Official) and ask if he received the paperwork, he says yes. I say; that should show you I’m not lying and did you call your office and ask if Jenna received the workers comp for my AC license? Guy McCauley says; yes. I then say; Did you get a copy of the law I sent as well? Guy McCauley says; I know what the law is.

I then say; Ok, now Guy, now what the hell is going on?

Guy McCauley says; We’re checking your job sites.

I say; I’ve done nothing wrong and feel I have been targeted, I think there is something else at play here. Who sent you? Who is behind this crap?

Guy McCauley then says; And by the way you also cannot hire unlicensed window and door subcontractors or unlicensed masonry or aluminum subcontractors, they all have to have their own license. I say; Guy, listen, you are wrong, the Florida statutes are quite clear as to who I can hire and it clearly states as I read it to you and emailed it to you and it clearly says what the law is under the scope of my license.

Guy McCauley says; No you can’t!

I then say, let me read what it says
on your county web site and it’s very clear and plain for everyone to see:

    I tell Guy McCauley: As the Deputy Building Official, you should know this and it’s on your website, the county website and is plain as day for everyone to see and it coincides with the Florida Statutes, it even quotes the Florida Statutes. I don’t understand how the County simply does not know what the Florida Statutes are or where it is on their own website. This is absolutely ridiculous!

    Guy McCauley again says; I don’t care what it says you have to hire licensed subcontractors that have their own licenses to do that work or you must have direct employees.

    I say; Again you are wrong as the statute is clear and I didn’t make this up, it’s on your site and has been for many years and as a matter of fact the date of the document is dated one the bottom left WHAT EACH LICENSE TYPE CAN DO Revised 1-25-2013 and its been on your site for a long time, this document has been on your web site for at least 4 years.

    Guy McCauley says; No, they all have to have their own license to perform that work and a subcontractor working under you is not acceptable.

    I say; That’s not what it reads in the statute or on your web site which is also citing the Florida Statute.

    I say; Guy, we have a serious problem here and I don’t know why you have gone to all my job sites and are harassing me, however I think I know why and its unfair and I believe you and Bob are wrong, dead wrong. I have cooperated and done nothing wrong, but you seem to have it out for me for some unknown reason and it just ain’t right and I am gonna expose this crap and get to the bottom of it, I assure you, this is absolute bullshit! Phone call ends.

    I then speak with James C. and I ask, did they leave a Stop Work Order? James C. says no, but said “This is not over”. Then James C. says; My constitutional rights have been violated and what right does a stranger have to demand my drivers license. They had no identification, no uniform, no badges, no markings and still I have no idea who these people were. I feel like I have been violated. I tell James C. who they were with the exception of the unidentified woman at that time.

    James C. says; I don’t care who you say they are to you, they should have properly identified themselves, I have rights and they violated mine, no identification, blocked me in so I could not leave, thereby detaining me and then surrounding me when I was out of my truck, one in front and one behind me. I thought they were going to attack me and I’m telling you this shit just ain’t right. Even police don’t act that way, even undercover police have identification and clearly identify who they are and these guys came onto me like a drug bust and I was so scared. I had no idea who they were and I feared for my life and I’m telling you this shit has got to be against the law. Even the building inspectors have identification with their picture on it. Also, them telling me that I am breaking the law when I wasn’t wrong. I have done nothing wrong, I was just sitting in my truck talking to you. I wasn’t even working, I was doing nothing and even if I was working, if I wasn’t sick, I would still have been doing nothing wrong. I’m telling you these people shouldn’t be working for the county, there is no way the county would allow them to behave like this, they gotta be stopped! I say; I agree and we’ll get to the bottom of this.

    James C. says; Well that’s not the way to do the job I can assure you of that. First they cannot block me in and falsely imprison and detain me, they are not law enforcement, and even if they were they are compelled to properly identify themselves and have some type of valid ID like other agencies who have a uniform shirt, a photo ID and a badge, and then to surround me like they were going to kill me or arrest me. I was violated and detained against my will and they had no probable cause, no probable cause affidavit signed by a judge and no right to bark that I am breaking the law and for the first guy to say “If you don’t give me your license then I’ll do a stop work order”. That has got to be some type of extortion. I say; I’’ get to the bottom of this!

    James C. then says; Yeah, but still no ID, came down on me in my own vehicle while I was sitting in it minding my own business. I gotta tell you this just ain’t right and I can never work in Sarasota County again, not with these out of control assholes and that woman who said; that you are breaking the law. Who the hell was she and why did she say that you’ve done this before and it was never resolved, what the hell is she talking about. I say; I’m not sure, but I’ll get to the bottom of it.

    James C.; Well I’m telling you now, with these assholes on you like this, no one is gonna ever work for you, so I’m sorry but you’re gonna have to find new subcontractors, I cant do this again and will not allow Sarasota County to violate my rights ever again, they did me wrong and I’m gonna do something about it. The head people of Sarasota County cannot give them the right to do what they did and get away with it and you giving them my cancelled check, you should not have done that, that violated my privacy rights by doing that and them demanding my check is wrong, they didn’t have a court order and no legal rights, no probably cause, no reason to come onto me like that, it’s absolute bullshit, I’m telling you I was violated and my rights were violated.

    I told James C. to go home and rest, I’ll deal with this. Go home and get better.

    James C. then said; Just so you know the customer saw all of this and thought I was being attacked or that I was being arrested. So I told the customer what happened and now they want to cancel the contract with you, just so you know. They’re not happy that happened on their property and that they had to see it. Also, the fact that they were blocked in as I was, they didn’t want to get involved, but were delayed leaving their own home. They’re getting a lawyer and I am getting my firearm license and arming myself, that was so scary. This is a wake up call, I need to be prepared.

    I said; I know you’re sick, so don’t worry about this, I’ll sort it out, so go home, take your cold meds, forget about this, drink plenty of fluids, eat something healthy and we’ll talk tomorrow.

    I, the Victim and State of Florida Certified and Licensed Contractor hereby request the following information in an investigation and a formal hearing with the items as listed below to be answered and clarified:

    1. Why does the Sarasota County Code Enforcement not require its appointed representatives to have any identification as is the procedure in every other Code Enforcement agency including the City of Sarasota, Holmes Beach, Manatee County, Charlotte County, Desoto County, City of Bradenton, City of Venice, Collier County, City of Naples, Lee County, City of Fort Myers, Hillsborough County, Pinellas County, City of St, Petersburg, Polk County, etc.? Not having any identification is a very dangerous protocol and unprofessional.

    2. Why do all other departments in Sarasota County Government, including Building Inspectors and other Code Enforcement employees all have County identification, yet these Code Enforcement employees Guy McCauley - Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement are not required to have any identification? What special exceptions do Guy McCauley - Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement have that other employees in Sarasota County not have to access private property that expose them to dangerous situations that other Sarasota County Building Department do not have. Why are Guy McCauley - Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement exempt from properly being dressed as representatives of the Sarasota County Building Department and Code Enforcement?

    3. What proper and legal probable cause did these three Sarasota County employees have to swarm my job sites? By what authority and who’s authority were these rogue officers operating and what caused them to single me out?

    4. What are the Code Enforcement procedures for going after State of Florida Certified and Licensed contractors, when the primary role of Sarasota Code Enforcement is unpermitted work? Why is a State of Florida Certified Contractor being targeted and singled out.

    5. Why was a group effort required by Sarasota County Code Enforcement; that three Code Enforcement Officers were required to swarm my job sites; as this is highly unusual that it required no less than three Code Officers to swarm and appear, when one is the norm, as already commented by various other Sarasota County employees.

    6. Why did these three Sarasota County employees have to go to each of my job sites? Is this normal procedure? I think not. This clearly shows that something sinister and ill motivated is at play here. Other Code Enforcement Officials throughout the State of Florida agree.

    7. What training does Sarasota County Code Enforcement receive that the individuals mentioned herein were completely oblivious to the basic laws they are attempting to enforce? Note: I have already conducted an exhaustive public records request and gathered much information.

    8. Why do the Florida Statutes regarding content in this formal complaint and attached herein appear on the Official Sarasota County web site and yet the actual Deputy Building Official Guy McCauley and Robert Lepley of Code Enforcement have no idea that they even exist? Worse yet, Deputy Building Official Guy McCauley and Robert Lepley of Code Enforcement argued with me and disagreed to what is in the Florida Statutes and what is on the Sarasota County web site, why do they disagree? On what grounds? Obviously the evidence will prove some malicious, Bias, prejudicial, ill motivated and sinister plot at play against me personally for some reason.

    9. Why did the contractor have to attempt to inform the Deputy Building Official Guy McCauley and Robert Lepley of Code Enforcement of what the laws are and received arguments and aggression when it was clearly explained and emailed to them?

    10. What right does the Deputy Building Official Guy McCauley and Robert Lepley of Code Enforcement have to detain individuals (refuse a citizen in their private vehicle free passage, to go on their free way), by what authority and what supporting Florida Statute(s) do these County employees have with regards to detaining powers? In other words what statutory right did they have to detain the individual James C. and not allow him to freely leave as he was attempting to? The Fourth Amendment of the United States Constitution is very clear and Guy McCauley - Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement have been trained and schooled in what their duties are and what constitutes a violation of the Statutes and the Fourth Amendment of the Constitution, which they willfully and negligently disregarded. By what authority and/or Floirda Statute or probable cause supports enforcing and detaining powers did Deputy Building Official Guy McCauley and Robert Lepley have to violate James C.’s constitutional rights?

    11. What lawful powers mandated by the State of Florida does Code Enforcement have to detain and corner/surround an individual when State Law Enforcement Officers must follow a pre-determined protocol that Code Enforcement Officers certainly do not have? Code Enforcement is not law enforcement.

    12. Who sent these three Code Enforcement Officers after my company and myself and why? What motivated/prompted these unusual, extraordinary and unprecedented actions; were these actions motivated by some political influence? Or was a political favor being offered to a politician? If so by whom, when, and why?

    13. The statement by Deputy Building Official Guy McCauley; that if I did not give him the banking information, then he could get the information from the IRS: I interviewed with an FBI Investigator that I met with at the Sarasota County Sheriff’s Office who stated that even the FBI could not get that information due to certain privacy laws. Therefore, what connections or special insiders does Deputy Building Official Guy McCauley have that would allow him to obtain such information from the Internal Revenue Service as he claimed, when the Federal Bureau of Investigation could not even get. Could it be Robert Lepley’s former associates that he may have trained with at the FBI or Secret Service? If so who?

    14. The Internal Revenue Service (IRS), has emphatically stated that it would be impossible for Deputy Building Official Guy McCauley to obtain my records legally, so again, by what means and connections does Deputy Building Official Guy McCauley have to obtain my private information from the IRS? Please provide the statutory authority and through whom my records could have been obtained as threatened by Deputy Building Official Guy McCauley.

    15. Kimberly Lineberry - Code Enforcement Officer made statements on February 17, 2017 to James C. (which was later admitted to the Building Official) “this contractor has been doing this for a while and were here to shut him down. He has done this before and never resolved it. Hiring unlicensed people to do work that requires a license, and we’re shutting him down”. Why was my name slandered, and why was this statement made? Where did this slanderous comment originate from, and who conveyed that information to her and why. What are the supporting facts or information that caused Code Enforcement Officer Kimberly Lineberry to make such derogatory and slanderous statements? Who originated this slander? Please provide a specific and detailed explanation.

    16. Since I am one of a few contractors that specialize in Code Enforcement resolutions and have done so for many years, even working with James Holderby many years ago. Why do Sarasota County Code Enforcement and Guy McCauley - Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement have a problem and an obvious objection that I advertise and resolve issues for property owners regarding Stop Work Orders and Work Without Permits? If so, then by whom and why? Is resolving Code issues for property owners something that opposes their beliefs? Or do these individuals simply want property owners to be brought in from of the special magistrate for punishment, rather than resolving issues for the life safety of all concerned?

    17. What probable cause did Deputy Building Official Guy McCauley and Robert Lepley of Code Enforcement have to claim a Stop Work Order and a Citation/Fine to James C. when he was simply sitting on private property in his private vehicle? This is quite unorthodox and not the way Code Enforcement throughout the State of Florida operates; A person sitting in their vehicle is not subject to being detained by non law enforcement personnel and with no probable cause. Why then did Deputy Building Official Guy McCauley and Robert Lepley of Code Enforcement feel they had certain superior rights and powers that they claimed to have had at that time?

    18. Various law enforcement agencies (Local, State and Federal) that were interviewed state that law enforcement has a certain criteria they must follow and a cause of action including probable cause as mandated in the Fourth Amendment of the Constitution of the United States of America is required prior to any action by law enforcement, yet Sarasota County Code Enforcement does not have any of these powers and therefore I reiterate; why then did Deputy Building Official Guy McCauley and Robert Lepley of Code Enforcement feel they had certain superior rights to that of a law enforcement officer?

    19. Robert Lepley, a former employee of the FBI and a former police officer should know better than the actions than those that transpired on February 17, 2017. Therefore; why did Robert Lepley of Sarasota County Code Enforcement feel justified in his actions as indicated herein?

    20. What supporting laws and Florida Statutes support the actions of Guy McCauley - Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement?

    21. PUBLIC RECORDS REQUEST: I have made the following public records request: Please provide a list of ALL Licensed Contractors and their subcontractors within the last 12 months, the past 24 months and the past 36 months that have been issued a Stop Work Order and Citations; been cited by the Sarasota County Code Enforcement/Sarasota County Building Department for using unlicensed subcontractors. The request should include any and all Licensed Contractors cited by Code Enforcement regarding construction and/or remodeling type projects. Please provide the case numbers, with the names and contact information and a copy of each citation of each and every Licensed Contractor who had a subcontractor employed that has been issued a Stop Work Order and/or a citation and in particular for not hiring licensed subcontractors. Please also provide any and all complaints made against Guy McCauley and Robert Lepley of Code Enforcement in the past 36 months. Also please provide any and all complaints made against Kimberley Lineberry of Code Enforcement since her employment began as a Code Enforcement Officer with Sarasota County. This information is being made under under an official Public Records Request under Article I, section 24 of the Florida Constitution, and chapter 119, F.S. Should you deny my request, or any part of the request, please state in writing the basis for the denial, including the exact statutory citation authorizing the denial as required by s. 119.07(1)(d), F.S. The lack of any proof or list of all Licensed contractors as indicated in this records request shall support my claims and allegations that Guy McCauley - Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement, were prejudicial and unfairly targeted me and my company.

    I have also interviewed and discussed this matter with various members of the Sarasota County Building Department and I have been told that these Code Enforcement Officers “they act as if they are above the law and feel they can do what ever they want, they subscribe to a different set of rules than the rest of us, we just avoid them, they’re out of control”. “Their goal seems to be inflict harm and punishment on people and not to resolve issues, which is contrary to our mission”.

    Documentation to support my formal complaint against Guy McCauley – Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement is contained herein.

    The documents attached to this formal complaint are tabbed, highlighted and also red marked for quicker reference.

    SUPPORTING DOCUMENTS ATTACHED:

    Exhibit A. – Florida Statute 489.105(3)(d)-(o), clearly shows what the law states and what law that Guy McCauley – Deputy Building Official and Robert Lepley of Code Enforcement disagree with; even after this law was dictated several times and emailed and printed in the field at the job site and handed to them.

    Exhibit B. The document listed on the Sarasota County web site that quotes the Florida Statutes and specifically quotes the Florida Statute again, Guy McCauley – Deputy Building Official and Robert Lepley of Code Enforcement were oblivious or motivated by malicious intent aggressively argued to me about. Screen shots and direction of how to access this document of the Sarasota County’s web site are attached with directions on the first page on top.

    Exhibit C. Sarasota County Government Career Track document with specific areas highlighted including the requirement of knowledge of Federal, State and County regulatory codes and ordinances of which the individuals in this formal complaint are required to obtain FACE (Florida Association of Code Enforcement training. The Code Enforcement training documents are mentioned in the next document, Exhibit D.

    Exhibit D. Code Enforcement Sarasota County Code Enforcement Training Course as required by Sarasota Government. Please refer to the tabbed and highlighted areas of this Sarasota County Code Enforcement Training Course and in particular pages 3, 6 and

    Page 8 of the Sarasota County Code Enforcement Training Course refers to: “does not violate clearly established constitutional statutory rights”.

    Page 9 of the Sarasota County Code Enforcement Training Course refers to: “unless there is a knowing violation of constitutional rights or statutory law, or code enforcement officer should have known his or her acts would result in such a violation”.

    Page 10 of the Sarasota County Code Enforcement Training Course refers to: “unless such officer, employee or agent acted in bad faith or with malicious purpose or in a wanton and willful disregard of human rights, safety or property”, which clearly was the case.

    Page 11 of the Sarasota County Code Enforcement Training Course refers to: ‘Violation of clearly established constitutional or statutory rights of which a reasonable person would have known”. In this case these trained individuals showed a disregard for their training and ethical commitment to Sarasota County Government and citizens.

    Page 27 of the Sarasota County Code Enforcement Training Course refers to: Fourth Amendment protects against unreasonable searches and seizures. “Fourth Amendment protections extend not just to private residence, but also areas where an individual; has a reasonable expectation of privacy”. In this case several violations including private banking information that are private. Unreasonable search and seizures by Guy McCauley – Deputy Building Official and Robert Lepley of Code Enforcement to demand and extort/blackmail private banking information from me under threats of Stop Work Orders is an illegal act. Also a person sitting in their personal vehicle (James C.) and detained and surrounded by Guy McCauley – Deputy Building Official and Robert Lepley of Code Enforcement; A person cannot be detained against their free will and their actions were unlawful. Code enforcement does not have detaining powers, they are not Law Enforcement and do not have probable cause authority to detain. An expectation of privacy has been violated. No warrant by a judge was issued demanding private banking information. 2016 FLORIDA STATUTES SECTION 933.20: “Inspection warrant”; definition.—As used in ss. 933.20-933.30, “inspection warrant” means an order in writing, in the name of the people, signed by a person competent to issue search warrants pursuant to s. 933.01, and directed to a state or local official, commanding him or her to conduct an inspection required or authorized by state or local law or rule relating to municipal or county building, fire, safety, environmental, animal control, land use, plumbing, electrical, health, minimum housing, or zoning standards. Guy McCauley – Deputy Building Official and Robert Lepley of Code Enforcement clearly violated the law.


    Page 28 of the Sarasota County Code Enforcement Training Course reiterates the Fourth Amendment rights and protection.

    Page 32 of the Sarasota County Code Enforcement Training Course reiterates and refers to Florida Statutes Section 933.20 as indicated in page 27 dialogue above.

    Page 34 of the Sarasota County Code Enforcement Training Course refers to: “Inducement. Persuasion, Fraudulent Representations, Threats, Coercive Tactics, Harassment, Promises of Reward”. In this formal complaint the contractor was coerced by Guy McCauley – Deputy Building Official and Robert Lepley of Code Enforcement to give private banking information for the reward of not being shut down. However there was NO probable cause for any Stop Work Order; therefore Guy McCauley – Deputy Building Official and Robert Lepley of Code Enforcement acts were malicious, unfounded and negligent. An invasion of privacy has been committed by Sarasota County employees Guy McCauley – Deputy Building Official and Robert Lepley of Code Enforcement.

    Exhibit E. CODE OF ETHICS from the Florida Association of Code Enforcement. This document refers members to:

    1. Recognizing and upholding the rights of all citizens as granted by the Constitution of the United States of America and the State of Florida. Clearly Violated.

    3. Performing duties in a manner to instill public trust. Clearly Violated.

    4. Members will at all times conduct themselves in accordance with the standards of conduct for Public Officers and Employees as contained in Chapter 112 of the Florida Statutes. Clearly Violated.

    5. “Members will continually strive to maintain a high level of professional expertise…” Clearly Violated.

    6. “Members will, at all times, perform their duties in the best interest of the public health and safety, and welfare without regard to personal beliefs or political influences”.
    Clearly Violated.

    Guy McCauley – Deputy Building Official, Robert Lepley of Code Enforcement as well as Kimberly Lineberry of Code Enforcement have not exhibited or adhered to these basic fundamentals of the Sarasota County Standards of Conduct and Florida Association of Code Enforcement.

    Exhibit F. Sarasota County Standards of Conduct from Chapter XII. The document attached is pages 66 to page 75 of a larger Sarasota County document and the pages enclosed are the pages that are relevant for the formal complaint as follows:

    Page 1 of the Sarasota County Standards of Conduct refers to: “employees representing the County …shall comply with the standards of conduct”.

    Page 6 of the Sarasota County Standards of Conduct refers to:

      B. “political pressure”.

      C. …while dressed in Official County issued attire or attire with official County logo”. These individuals do not wear any type of County attire or do they have or present any type of identification as in the norm with all building inspectors that step onto private property. The lack of identifying who they are verbally and without a proper photo identification is a very dangerous and careless course of action that could be extremely dangerous to the individuals and Sarasota County.
      Why do Guy McCauley – Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement have special and extraordinary privileges that do not extend to other County employees? Why is Code Enforcement throughout the State of Florida including State employees required to clearly identify who they are verbally, to wear a logo shirt and have photo identification and badges when representing a government agency? To not have any form of identification and to not identify themselves is an extremely unsafe and unfair practice to the citizens and public at large and future acts by these individuals may be ill interpreted.

      Page 9 of the Sarasota County Standards of Conduct refers to: “the welfare and safe conduct of its employees, clients and members of the public are of paramount importance to the County. Disregard for rules and regulations designed to assure health and safety cannot be condoned”. Clearly this Standard of Conduct has been condoned and ignored as mentioned above in 6c. above. Their welfare and safe conduct is jeopardized by the lack of identification and proper procedure by showing up on a job site and refusing to make a proper and professional identification, so that citizens and the general public do not perceive their actions as hostile and apply deadly force. These actions and procedure or lack there of must be re-evaluated and adjusted for the safety and well being of all concerned. It has been conveyed by other personnel at Sarasota County that Guy McCauley – Deputy Building Official and Robert Lepley of Code Enforcement do not feel they need to follow the same standards that others in Sarasota County have to adhere to, why not?

      Exhibit G1, G2, G3. Is the Agreement to Comply with the Standards of Conduct signed by each of the code enforcement officers that violated the law. The signature appears on the bottom right of the document and of course is a contract that Guy McCauley – Deputy Building Official and Robert Lepley of Code Enforcement as well as Kimberly Lineberry of Code Enforcement have signed and agreed to follow in the course of their official capacity as public officials and employees of Sarasota County. Clearly they have violated their signed agreement with Sarasota County Government.

      Exhibit H. A copy of the State of Florida Certifications of Deputy Building Official - Guy McCauley, include a General Contractor’s license and other certifications. Therefore; Deputy Building Official - Guy McCauley should have know better than to behave in such a demoralizing, malicious, detrimental and neglectful way. As a former building inspector; Deputy Building Official - Guy McCauley knew the protocol of how each and every building inspector is to present themselves and how to present themselves with identification in order to avoid being injured on a job by an unsuspecting homeowner who may simply see an intruder and apply their rights to defend their home and property.

      Exhibit I. A copy of the hierarchy of Sarasota County including the respective chain of command is attached to this formal complaint and has been sent through and up to the Planning and Development Services Director Matt Osterhoudt.

      The Licensed Contractor and sub-contractor James C. that were unfairly targeted and treated with such disdain and rights as indicated herein have been adversely affected as has our livelihood and operations including financial harm by these rogue individuals that have not followed the rules and decided to behave as explained herein. Instead of operating my private business and doing my fiscal responsibilities, I have been forced to deal with this injustice. I have spent much time, effort and finances and have lost sub-contractors and jobs due to the malicious and illegal acts by Guy McCauley – Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement. I have had to concentrate my efforts on defending the illegal and unethical actions of these Sarasota County employees instead of making money for my livelihood and those of my sub-contractors and of course working legally for various citizens of Sarasota County.

      As you can see from this document and the attachments; I have spent much time in researching, interviewing and preparing this package and its facts, which would not have required much of my time, expenditures and money, including neglecting my businesses by being forced to redirect all of my efforts from operating my private businesses; if Deputy Building Official - Guy McCauley, Robert Lepley and Kimberly Lineberry of Code Enforcement had simply done their jobs the way they were formally trained, if they had followed the Ethics and Standards of Conduct they agreed to, followed the Florida Statutes and not violated our Fourth Amendment Rights as clearly stated in the Constitution of the United States of America of which is part of their training. This all would have been unnecessary only if your employees had not unfairly and maliciously attacked my business operations and my livelihood as depicted in detail herein.

      This formal complaint package contains a total 84 pages; 21 pages in the complaint and 63 supporting documents/exhibits.

      Here is the poor reply from Thomas Osterhoudt Director Sarasota County Planning and Development.

      Obviously my complaint was not addressed at all. Maybe they fear a lawsuit and are covering this complaint up. Why does Sarasota County not take this complaint seriously? Are citizens not allowed to lodge legitimate complaints?


      Sarasota County Reply

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