Longtime internal auditor for the city of Fort Lauderdale, John Herbst, was abruptly fired from his job last month after initiating an investigation of the city’s chief of police. Now he is firing back by filing a formal compliant under the Whistleblower Act, alleging that he was retaliated against and improperly terminated.
Herbst opened an investigation into Fort Lauderdale’s police chief, Larry Scriotto, late last year to explore claims that the city’s top cop was misusing city funds by working a second job as an NCAA basketball referee on city time, according to a report by Fort Lauderdale’s Local 10 News.
Herbs contends that he informed Fort Lauderdale’s mayor, Dean Trantalis, of the investigation early on, as well as the city manager and city attorney. Yet the mayor later questioned the investigation, based on an anonymous tip, called it a “secret investigation,” and raised the issue at a contentious public city commission meeting last month. The commission then voted to dismiss Herbst, who had held his job as auditor for 16 years and was close to retiring.
In a move that would raise the eyebrows of just about any internal auditor, Mayor Trantalis asserted that Herbst had overstepped his authority and was only to take audit assignments from the city commission, not to launch his own independent investigations. “Our auditor that we hire is there to handle matters that we want investigated,” the mayor reportedly told Local 10 News reporter Christina Vasquez.
Herbst took issue with that characterization of his duties during the commission meeting. “Mayor, in the 16 years I have never had a commissioner say I should or should not investigate anything. This would be the first time this has ever happened in my tenure here in the city,” said Herbst.
Double Dipping?
At issue is whether or not Police Commission Trantalis was working his job as an NCAA referee while on the clock for the city. Herbst claimed to have screen shots of the city’s time keeping system showing Scriotto scheduled to be on the clock working his police commission job, as well as screen shots showing him attending an NCAA basketball game at the same time. When asked by Local 10 News if Scriotto was working a second job while on clock for the city, a Fort Lauderdale police spokesperson only replied, “no.”
Herbst also contends that the move by the mayor and two commissions to discuss the confidential investigation in a public forum could amount to a first-degree misdemeanor. “I believe the Mayor may have committed a misdemeanor of the first degree by disclosing a confidential investigation and in attempting to force me to publicly disclose the names of all individuals that may have divulged information to my Office during our forensic audit of Chief Scirotto’ s alleged malfeasance,” Herbst wrote in his complaint.
The IIA Weighs In
In a public statement by Anthony Pugliese, president and CEO of the Institute of Internal Auditors, the IIA said the firing of Herbst was “troubling,” and took issue with Mayor Trantalis’ description of the role of the city auditor. He also called for the mayor to recognize the independence of the role of city auditor. “In the course of publicly discussing the decision, Mayor Dean J. Trantalis stated, ‘Our auditor, that we hire, is to handle matters that we want investigated.’ This statement is troubling and conflicts with the independent watchdog role the City Auditor plays, as documented in the City Auditor’s Office Charter,” Pugliese stated.
“While management has input into the internal audit process, they do not control it. The IIA strongly believes that an independent audit function in government helps protect taxpayer dollars and ensures that governments are transparent and accountable to the public. We urge the Mayor and the City of Fort Lauderdale to affirm the need for independence in the City Auditor role,” he continued.
When Herbst was fired, he was given a 60-day notice and four months of severance, under the terms of his contract. In the complaint, he noted that he is seeking reinstatement as well as compensation for lost wages, attorney’s fees, lost benefits, and the reinstatement of benefits. 
Joseph McCafferty is editor & publisher of Internal Audit 360°
This is too ash ont the auditor. The mayor has ulterior motive with the investigation