City of Cape Coral faces expiring demand letter after firing former city manager

LEE COUNTY, Florida. On Wednesday, Cape Coral city officials have 48 hours to respond to a letter of demand written by attorney Benjamin Yormak on behalf of fired city manager Rob Hernandez.

Jormak told Fox 4 that there was no connection to the city of Cape Coral.

“Everyone deserves equal treatment. period,” Yormak said.

Jormak spoke to Fox 4 for the first time after sending a letter of demand to the Cape Coral leaders.

In the letter, Jormak detailed what he described as discrimination by Mayor John Gunter and several city council members.

Yormak argued that Hernandez would engage in discrimination against African Americans, employees, and LGBTQ citizens.

“You have a city chief executive who speaks out against discrimination and harassment, and within 24 hours of that, he is fired immediately,” Jormak said.

Hernandez’s February 15, 2023, firing came one day after Jormak sent a 10-page letter to a Cape Corals lawyer on Hernandez’s behalf.

Mayor John Gunter denied Hernandez’s claims.

“This is clearly a disgruntled employee making false accusations,” Gunther said.

Yormak points to the timeline, highlighting instances where the mayor and some city council members didn’t want Hernandez to hire an African-American woman as the city’s director of economic and business development, or push for pay raises for two lesbian employees.

“The timeline just smacks of retribution,” Jormak said.

Claims of retaliation prompted city officials to hire an outside investigator.

Jormak questioned the move, saying that leaders faced with *potential litigation are hiring an investigator.

“What are the chances that the investigation will reveal the facts of the offense? Probably not,” Jormak said.

Erandez is seeking $550,000 and a neutral recommendation and public apology from the city or his lawyer, who said he would sue.