Former EMS Division Chief Kevin Nelmes files whistleblower lawsuit, alleges CARES Act misuse

A federal lawsuit against Greater Naples Fire Rescue District claims a former EMS Division Chief was fired for raising concerns about the apparent misuse of funds to combat COVID-19.

The firing would be in violation of the federal False Claims Act and Florida’s Public Whistleblower Act.

The suit, filed by Kevin Nelmes in U.S. District Court in Fort Myers on Sept. 30, states that on April 14, 2021, Nelmes learned that CARES Act money received by the Fire District had not been used for the designated purpose and that there was money unaccounted for.

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The Coronavirus Aid and Economic Security Act, or CARES Act, was signed into law at the end of March 2020, and Gov. Ron DeSantis announced in June last year a plan to distribute $1.275 billion to Florida counties with populations below 500,000, such as Collier. 

CARES Act money was to be used for protective equipment, personnel costs

Nelmes sent a signed, written complaint to the District’s deputy chief attempting to stop the misappropriation of the CARES Act money that was to have purchased personal protective equipment and for personnel costs associated with COVID-19, according to the lawsuit.

The complaint says the “Defendant’s Deputy Chief had the authority to investigate, police, remedy or recommend corrective action as to the Defendant’s failure to use the CARES Act monies for their designated purpose.”

The lawsuit complaint does not name the deputy chief.

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One week later, Nelmes was placed on administrative leave, pending an internal affairs investigation against him, the complaint states. The District’s deputy chief did not investigate Nelmes’ report of misappropriation before he was involuntarily separated from his employment on June 4, according to the lawsuit.

Nelmes began his employment with the district in October 2003. At his termination, he was assigned to the Professional Development Section as a division chief of Emergency Medical Services in the Training/Special Operations Division(s).

Complaint: Fire District violating Whistleblower Act

His complaint requests the district immediately stop retaliating against employees who try to assert their rights. It says that as a result of the District’s violations of the Whistleblower Act, Nelmes lost all of the benefits and privileges of his employment and has been substantially and significantly injured in his career path.

It also says that he has suffered damages, including but not limited to, a loss of employment opportunities, loss of past and future employment income and fringe benefits, humiliation, and non-economic damages for physical injuries, mental and emotional distress.

It asks for a trial by jury, lost pay, attorney’s fees, reimbursement of all expenses and financial losses as a result of the district’s actions and compensatory damages.

Nelmes’ attorney, Benjamin Yormak, said he and his client “firmly believe the District’s conduct has been illegal, and we will be seeking all possible remedies against the District, including temporary reinstatement of Nelmes pending a federal trial on the merits of the case.” He said ample precedent exists for such relief and that he anticipates prevailing. 

Yormak did not respond to questions regarding the details or nature of the internal investigation that led to Nelmes’ termination.

Kevin Nelmes has been recognized for his service

Nelmes has been recognized by the Greater Naples Chamber of Commerce with the 2018 Distinguished Public Service Award, and in 2019 the Florida State Elks Association selected Nelmes as the EMT/Paramedic First Responder of the year. He was also selected by his peers as the 2016 Firefighter of the Year for the Greater Naples Fire Rescue District for his exemplary service and performance.

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According to a recent Greater Naples Fire Rescue District biography, he also worked as an adjunct professor for Hodges University – Paramedic Program and Florida Southwestern College Fire/EMS Programs. He is a frequent speaker for many Faith-based support groups, Women’s shelters, Christian missionaries, Anti-Human Trafficking groups, and Critical Incident Stress Management Teams.

A summons was issued to the Greater Naples Fire Rescue District by serving Fire Chief J Nolan Sapp on Thursday.

Nolan said on Monday morning that he hadn't read the lawsuit and he wouldn't comment on pending litigation if he had.

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