"On February 10, 2012, in response to my conversation with Director Moore, I emailed Clark to "Please call me today. On February 10, 2012 at approximately 2:00 pm EST, Clark telephonically contacted me at the hanger. I explained to Clark that I would not select him for a pilot position. Clark asked why, and I asked him if he wanted to open this door. He stated, "Yes". I reminded him of our conversation of the aforementioned, and he responded with, "that was over 40 years ago...I was just a kid working on my A&P" or words to this effect.

"Clark then stated "I knew what was going on but I didn't have a direct hand in it" or words to this effect. Clark, "I can't believe this" or words to this effect. Clark then asked "Did Terry Miller put...." Or words to this effect. I responded that this was "my decision, not the Colonels, not Director Moor, and not Terry Miller, it was my decision alone" or words to this effect. Clark then stated, "You took the wind right out of me" or words to this effect. Clark, then asked, "is there anything I can say to you to change your mind" or words to this effect. I stated, "No... I made my decision" or words to this effect.

“At about this time, Trauma Star was alert toned and I advised Clark I had to go as I was the duty pilot. After my flight I received the following email narrative from Clark. Brooks - Needless to say how shocked I as to hear your decision after completing the employment process in hopes of working for MCSO. I honestly do not remember what I said to you nor when but believe you have a false impression and would hope you would agree to a face to face meeting. You can ask any question and if it does not change your mind, I will accept it and walk away. Let me know.

Clark asserts he did not have a conversation with his supervisor in regards fixing aircraft and selling them to drug smugglers. Thant this only surfaced when he complained about age discrimination. That if his supervisor believed this as a police officer he should have opened an investigation and that there is no evidence that such a conversation took place. Clark asserts his rights were violated when these allegations became public and then he was not afforded due process in responding to these allegations as required under the 14^th amendment.

In a sworn affidavit, Clark’s supervisor stated that “during the hiring process for a Chief Pilot position, I spoke to Mr. David Clark regarding the background process and the starting salary. Mr. Clark advised me that he would only accept a salary of $90,000, well in excess of what the Sheriffs Office was willing to pay.

“Fortunately, a far more qualified candidate, Terry. Miller, and two other individuals also applied for this position. Mr. Miller is a US Naval Academy Graduate, career US Naval Officer and Naval Aviator with nine years of emergency medical experience, a Florida Department of Law Enforcement (FDLE) Certificate, street level law enforcement experience as well as airborne law enforcement experience with another Florida Sheriff's Office. Mr. Miller agreed to the starting salary and was ultimately selected.

“Subsequently, I telephonically offered a line pilot position to Mr. Clark. He did not accept the position. He stated that he would only accept a starting salary of $75,000.00 dollars. I then contacted Robert Johnson, a 15 years S-76 Instructor and veteran pilot. Johnson accepted the position.

“Approximately two weeks later, Mr. Clark contacted me telephonically and said he had changed his mind and would like to accept the position. I explained to Mr. Clark that we had already hired a pilot for the position.