Rob Hernandez

The city of Cape Coral has responded to a demand letter sent by its former top administrator: The city did nothing wrong in opting to not renew his contract and will not pay Rob Hernandez any more than the severance paid.

“Please allow this correspondence to serve as the City of Cape Coral’s response to your client, Roberto Hernandez’s, February 14, 2023, correspondence,” the city responded to Hernandez’s attorney, Benjamin H. Yormak of Yormak Employment & Disability Law. “The City denies that it took any improper action against your client and denies that it engaged in any wrongdoing associated with your client’s former employment. The City terminated Mr. Hernandez without cause and accordingly paid Mr. Hernandez severance under the terms of his employment agreement. The City will not be paying Mr. Hernandez any money beyond the severance that has already been paid.”

Yormak said the city’s failure to engage in a proper response likely means Cape taxpayers will foot the bill of a lawsuit.

“This City’s response lacks any substance and essentially guarantees litigation, leaving the taxpayers to bear the financial burden,” Yormak said in a prepared statement sent to The Breeze via email Monday. “Given Mr. Hernandez’s dedication to the City of Cape Coral and its citizens, it is all the more disappointing that City Council continues to further a personal animus over sound stewardship of taxpayer funds. This legal dispute was entirely avoidable.” 

The dispute began last month after Cape Coral City Council voted 5-3 to not renew Hernandez’s employment contract without cause.

The elected board provided Hernandez with the six-months notice his contract called for should either party opt not to renew.

The contract would have rolled over for an additional year had Council not taken any action.

Council also rejected Hernandez’s request for a public hearing on what Hernandez viewed as a termination, saying the city charter only provides for a hearing when Council terminates a city manager for cause.

Hernandez responded to the “adverse employment action” on Feb. 14 with a damages and settlement demand letter saying his contract was not renewed because he objected to a series of civil rights violations concerning minority and LGBT employees.

He asked for $550,000, a neutral job reference and a public apology for professionally disparaging remarks made by some council members concerning his employment.

Actual damages, should the issue go to trial, could be much higher, the Feb. 14 letter from Bonita Springs-based Yormak Employment & Disability Law states.

“All told, damages as to Mr. Hernandez could be in excess of $1,165,000,” Yormak wrote.

The city has denied any violation of federal and state employment laws, including the allegation of retaliation in Council’s decision to not renew Mr. Hernandez’s contract. Four members of Council also responded, issuing individual statements in which they called Mr. Hernandez’s allegations defamatory and false.

Hernandez took over as city manager on Aug. 12, 2020.

He was hired by the city from a field of five finalists, replacing former city manager John Szerlag, who retired after serving as the Cape’s city manager for eight years.

Council has appointed Mike Ilczyszyn, who most recently served as the city’s Public Works director, to serve as interim city manager.