Gov. Rick Scott has dismissed two officials and accepted the resignation of a third from an influential state commission that handles law enforcement misconduct cases because their appointments to the board violated Florida law.
The shake-up is the first step in what could eventually be a larger overhaul in the way Florida oversees its police officers, deputies and prison guards. Though most of the state's officers act responsibly, a December Herald-Tribune investigation found that thousands committed serious misdeeds yet were allowed to continue working in law enforcement. The same investigation also revealed that the makeup of the state's disciplinary panel itself was unlawful.
Scott's acting general counsel addressed the problem Thursday with letters to Jacksonville police officer Nelson Cuba and Palm Beach County Deputy Belinda Murvin notifying them that their seats on the Criminal Justice Standards and Training Commission had been vacated. The seats will be filled "as soon as possible," the letter stated.
In addition, Tallahassee Police Chief Dennis Jones voluntarily stepped down.
The appointments of those individuals, made by Scott's predecessor, Gov. Charlie Crist, violated a state law preventing more than one person from an agency from serving on the 19-member commission responsible for officer certification.
Crist did not return a call seeking comment.
Though Scott was addressing a legitimate violation of law, the changes to the commission add to ongoing tensions between his administration and the state's two law enforcement unions that pre-date his election. Scott won office without the support of either union, and his recent push to privatize state prisons met fierce opposition from union executives who ultimately helped squash the concept when it showed up in the Legislature.
Each of the commissioners removed by Scott came from strong union agencies.
Former Police Benevolent Association President Ernie George, who serves as chairman of the commission as the citizens representative, blasted Scott for changing the commission and siding with law enforcement chiefs and sheriffs instead of rank-and-file police.
"It's funny that he lets go of two people ranked sergeant or below," George said. "It tells you who he is siding with. But that's why we have lawyers. They'll look into whether he's allowed to do this."
The governor can continue to alter the makeup of the commission through future appointments when terms end, but Scott's spokesman said meaningful reform to the system will require the involvement of lawmakers.
"The governor cannot create laws," said spokesman Lane Wright. "That authority lies with the Legislature."
So far, lawmakers have been unwilling to pursue reform that is likely to cross the state's powerful law enforcement unions.
In January, Sen. Mike Bennett, R-Bradenton, invited a senior official from the Florida Department of Law Enforcement to address the Herald-Tribune's findings before the criminal justice committee. There, FDLE's Mark Zadra suggested that the problems exposed by the newspaper were even deeper than had been reported.
Zadra said that in nearly half of the misconduct cases reviewed last year, the state's disciplinary commission ignored staff advice, dismissed credible evidence and allowed officers to return to work against staff recommendations.
"The laws in Florida are strong," Zadra told lawmakers. "But the execution is flawed."
Despite that warning from Zadra, the Senate committee took no action during the legislative session and has not requested any additional steps from staff.
A Senate aide said this week that the committee did not ask for a study, or "interim project," over the summer.
"I thought we needed to do something about it," Bennett said at the end of the 2011 session, which was his last term.
The problems with how Florida deals with cases of officer misconduct came to light in December as part of a Herald-Tribune investigation. Besides the unlawful makeup of the panel, the newspaper found that the state's two powerful law enforcement unions had gained considerable influence over the disciplinary process over the last decade, allowing officers with histories of violence, lying and other serious misconduct to keep their badges.
Starting with Jeb Bush, Florida's law enforcement unions switched a historical allegiance to Democratic gubernatorial candidates and backed Republicans. In return, the unions won concessions on pension benefits with extra perks and greater influence over how and when law enforcement officers can be disciplined for serious acts of misconduct.
Under the administrations of Bush and then Crist, the PBA and Fraternal Order of Police often had the ear of the sitting governor. Union newsletters boasted of their close relationship with Bush and Crist, and of the officer-friendly measures those ties brought. Among these was an increase in the number of union officials on the disciplinary commission, including George and the now-deposed Cuba.
For his part, Cuba said he does not want to see a return to the days when officer misconduct was dealt with harshly by the commission.
"Hopefully, whoever replaces me will continue that standard of standing up for the employees," said Cuba, a sergeant and president of the Fraternal Order of Police lodge in Jacksonville. "That's all I tried to do on the commission. I thought officers needed to be treated fairly."