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2 Inspectors Under Inquiry Quit

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By ELLEN GEDALIUS, The Tampa Tribune

Published: December 18, 2007

TAMPA - Two fire inspectors accused of taking gifts from a company whose work they monitor and falsifying time cards resigned Monday, a move that could help them keep their city pensions.

Toy Pelaez, 47, and Manuel Perrone, 44, retired effective noon Monday. By resigning, the inspectors now are immediately eligible for a payout for accrued vacation time and unused sick time, as well as their pensions.

Pelaez's estimated pension is $72,000, according to city officials. Perrone has not been with the city as long and probably will receive slightly less. Both also will receive hefty checks - Pelaez about $10,000, Perrone more than $20,000 - for unused sick and vacation time.

Both men were scheduled to be the subjects of disciplinary hearings Monday afternoon. Their decisions to resign eliminated the need for those hearings, Fire Chief Dennis Jones said.

The city could have refused to accept the resignations, but "based upon the results of the administrative investigation, the city has determined that the facts of the case are consistent with accepting the resignations," the fire department said in a prepared statement.

Jones would not elaborate.

"It's very tough to deal with, but I want to focus on the 99 percent of the employees who do a great job every day," Jones said.

The fire inspectors remain the subjects of ongoing criminal and administrative investigations into whether they accepted favors from Advanced Engineered Systems, a Tampa-based company that installs fire alarm systems in buildings.

They are accused of accepting hockey tickets, golf tournament entry fees and the use of a boat, an apparent violation of city ethics policy and state law. They also are accused of claiming overtime pay for which they are ineligible.

Pelaez and Perrone could not be reached for comment. An attorney for Advanced Engineered issued a statement saying the company has cooperated with the investigation, and an internal review found no criminal wrongdoing by the company.

Pelaez, who started working for the city in 1982, will receive $4,782 for vacation time and $5,000 for sick time, said Sarah Lang, the city's employee relations manager.

His pension payout will be almost $6,000 a month, or about $72,000 annually, said police Detective Patrick Lynch, chairman of the Fire and Police Pension Board.

Perrone, who started working for the city in 1986, will receive $2,634 for vacation time and $20,000 for unused sick time. The value of his pension benefit wasn't available late Monday.

Both men had annual salaries of about $80,000.

It's still possible Pelaez and Perrone could be forced to forfeit their pensions, Lynch said.

According to state law, public employees lose their pensions if they have embezzled public money, stolen from their employers or have been convicted of a felony with the intent to defraud the public or the public agency.

Public officers or employees who are convicted of one of those offenses are required to forfeit all rights and benefits under the public retirement system of which they are members.

Lynch said the pension board likely will consider reviewing Pelaez's and Perrone's cases.

Generally, city fire personnel are eligible to draw on their pensions after serving for 20 years. Perrone hit that mark two months after the city started its investigation. The probe began in September 2006.

"Vacation and retirement pay are rights by law," said Darrell Smith, the city's chief of staff. "We have to pay them accrued vacation they have. They're entitled to their pension unless there is a criminal conviction."

City policy stipulates that those who resign receive 50 percent of their sick leave.

Councilman Joseph Caetano said the large payouts for unused sick and vacation time might point to a flaw in city policy.

"Some places have a motto, 'if you don't use it, you lose it,'" Caetano said. "Maybe that's the way to go."

Larry Parker, president of the firefighters union, said he spoke with Pelaez and Perrone and "they chose to retire so they didn't have to put their families through any more, especially being around the holidays."

At a news conference Monday, Jones reaffirmed that the scope of the investigation could widen to include more fire inspectors, but he offered no further details.

Fourteen inspectors work for the city's fire marshal's office. Some focus on new construction and others focus on existing buildings. Perrone and Pelaez handled new construction.

Inspectors ensure buildings meet fire codes.

City code prohibits officials from misusing their position to "secure by coercion or threat or otherwise, a special privilege." Officials also are prohibited from accepting gifts in connection with any business transaction that "can be reasonably inferred as intended to influence the performance of an official act."
Perrone and Pelaez are accused of neglecting duties and moral turpitude.

Asked how he would explain to taxpayers that their money is being used to give sick, vacation and pension payouts to two people facing such accusations, Jones said: "They're having to retire under not their choice of conditions.

"For us, we're interested in getting on with our business at the fire department. They have no ability to appeal."

A review of Perrone and Pelaez's personnel records showed mostly positive performance evaluations.

Editor Todd Pratt contributed to this report. Reporter Ellen Gedalius can be reached at egedalius@tampatrib.com or (813) 259-7679.

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