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http://www.sptimes.com/2003/07/18/State/State_pays_50_000_to_.shtml http://www.ethics.state.fl.us/orders/1994/94-174fo.html

State pays $50,000 to settle rape claim

An employee who said a supervisor attacked him was paid by the state Parole Commission, but no charges were filed.

By LUCY MORGAN Published July 18, 2003

TALLAHASSEE - Officials at the Florida Parole Commission last year quietly paid $50,000 in tax money to an employee who accused the agency's human resources director of sexually harassing and raping him.

The alleged attack occurred in 2001, but was not reported to a law enforcement agency until last week.

Now Leon County Sheriff Larry Campbell is investigating.

Parole Commission chairman Monica David reported the incident to Campbell on July 8, a few days after Human Resources director Frank Trueblood resigned from his $75,000 a year job. Trueblood did not return messages left on his home answering machine. In his letter of resignation he said he was leaving to pursue other career options.

David said the allegations and the payment made by the state were discovered during an audit. Three days before Trueblood resigned David approved a $4,100 pay raise for him.

David was appointed to the commission's top job in May after chairman Jimmie Lee Henry was forced to resign in the midst of an investigation into allegations he falsified travel and expense records.

The alleged rape is but one of many problems turning up in the wake of Henry's departure. Agents from the Florida Department of Law Enforcement are investigating allegations that Henry used public funds for personal purchases and falsified travel and expense records.

Henry's attorney, Stephen Dobson of Tallahassee, said Henry did not want to discuss the $50,000 payment or the allegations involving Trueblood.

In June 2001, about the same time Trueblood's accuser began to complain about his conduct, Henry authorized a $6,500 raise for Trueblood and praised him as an "exemplary" employee, records show. A graduate of Bethune-Cookman College with a master's degree from Florida A&M University, Trueblood, 37, worked for various state agencies since 1986. He joined the Parole Commission in 1994.

Eight months after paying the alleged victim to settle the claim, Henry described Trueblood as an "innovative, creative, loyal" employee who deserved a bonus. While serving as chairman, Henry authorized bonuses of as much as $3,500 for Trueblood.

David declined to answer detailed questions about the way the commission handled the complaint, saying she did not want to jeopardize the criminal investigation.

An agreement signed Sept. 12, 2002, by the alleged victim promised no further legal action against the commission or Trueblood in return for $50,000. The agreement did not include a specific reason for the payment.

David's office could not immediately produce any record documenting the incident or how the complaint was handled.

Henry, 53, a former Florida A&M University football player and former aide to Comptroller Bob Milligan, resigned May 9 citing "personal reasons" as the FDLE investigation began.

The Parole Commission determines whether prisoners should be released on parole.

Leon County sheriff's Maj. John Schmidt said the alleged attack was not reported to law enforcement when it occurred two years ago.

A part-time employee at the Parole Commission accused Trueblood of sexually harassing him and later raping him. It is unclear what officials at the agency did to investigate the accusations, but the state Division of Risk Management approved the $50,000. The Times is withholding the alleged victim's name due to the nature of the accusations.

Tom Gallagher, the state's chief financial officer, said the payment was made after the Florida Human Relations Commission reviewed the complaint and found in favor of the alleged victim. The settlement avoided more costly litigation, Gallagher said.

Officials at the Human Relations Commission refused to release records of the complaint.

Gallagher also said some of the files relating to the complaint disappeared from the Parole Commission after the payment was made.

Florida law requires all settlements made by state agencies be public record. The law was passed a decade ago after the Times uncovered a secret $47,000 payment the Legislature made to a House employee who accused then-Rep. Fred Lippman, D-Hollywood, of sexual harassment.

Gallagher's office writes the checks for all state expenses and has yet to approve a final payment of $39,465 to Henry for unused leave and sick time. [Last modified July 18, 2003, 02:08:21]