Parks and rec whistleblower demoted after telling city officials that athletic director is a sex offender: Lawsuit

A city official in Florida says that when she told her colleagues that the newly hired athletic director was a registered sex offender, her concerns were ignored — and she was demoted for it.

Aladia Franks, a 13-year assistant director of the parks and recreation department of Riviera Beach, Florida, filed a whistleblower lawsuit on Oct. 2 in Palm Beach County. She says that Abram Elam, a former NFL player, was hired as athletic director while she was out on medical leave, and that upon her return, she learned that he had not been subjected to a background check — and that, according to the Florida Department of Law Enforcement, he is a registered sex offender.

She flagged the information to city officials in an email.

"Please be advised that I was informed that City contracted Athletic Director picture is on the FDLE website as a registered sexual offender," she wrote on Aug. 2, 2023. She said that as president and compliance officer for a youth football and cheer program, known as the Riviera Beach Chargers, as well as administrator of the city's after-school program and parks and recreation director, "I have a responsibility to report it to each of you."

She said that she had previously requested background checks for all volunteers and staff who come into contact with youth and seniors to provide a recent background check, but there was no record of that for Elam.

"I am not sure how to proceed," she wrote. "Please advise me how to proceed. Thanks so very much for your attention to this pressing and urgent matter."

She faced retaliation within days, her lawsuit says.

"Within two (2) days of Plaintiff's written disclosures, on August 4, 2023, Plaintiff was terminated from her position as Assistant Parks and Recreation Director, and reassigned to a position that did not exist, Special Events Manager, to an office that had no desk, no phone, no computer and no work assignments," her complaint says. She added that her schedule changed, from a Monday to Friday schedule to working weekends and holidays. She was also deprived of all administrative support, the lawsuit says.

According to Franks, this is illegal.

"[Florida law] provides that agencies, such as the Defendant, are prohibited from taking retaliatory actions against employees who report violations of the law or who disclose information to appropriate government agencies alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duties on the part of an agency, public officer, or employee," the lawsuit says.

"Plaintiff was demoted because she made disclosures protected by law," the complaint also says.

The lawsuit also says that the youth football and cheer programs were affiliated with the Pop Warner program, which requires background checks.

"[T]he status of Mr. Elam was in violation of the rules for participation in the Pop Warner league," the lawsuit says. "This would adversely affect the ability of the Chargers to play in football games."

City officials have agreed to participate "this season" in the Pop Warner league, but asked for clarification on its policy that bars any volunteer or employee with a sex crimes conviction from participating, Local ABC affiliate WPBF reported.

According to Florida records, Elam was convicted in 2003 of sexual battery. The incident occurred in 2002 when Elam was a student at Notre Dame, WPBF reported.

He was expelled from the university but went on to play for the Cleveland Browns and other NFL teams before returning to Riviera Beach where he has held free football camps and other activities for kids, WPBF reported.

After Elam's past was revealed, Mayor Ronnie Felder defended him and his role in the city sports programs.

"I really think it is a low blow and I'm in full support of that young man," Felder said in August, according to WPBF. "Because it's hard. He's not here for the money, he's here for our kids."

"I would fight for him to the end and I just think it's disappointing that people would go to the lengths to just kill his name and kill his character," Felder also said.

Franks seeks an undetermined amount in lost wages and benefits, compensatory damages, reinstatement to her old position, and other relief. Read the complaint, below.