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Civil Service Panel Stalls Ex-Officer's Return

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By SHERRI ACKERMAN, The Tampa Tribune

Published: November 20, 2007

TAMPA - After 10 months without his city salary or health benefits, former Tampa police Capt. Marion Lewis will have to wait even longer to learn if he gets back the job he left to run for mayor.

   Marion Lewis

The City of Tampa's Civil Service Board voted unanimously Monday to avoid any decisions about reinstating Lewis until the city's appeal in the case is resolved.

"We could be compounding the situation," said board chairman Jimmie Keel.

Lewis, a 26-year veteran of the police department, contends the city forced him to resign in January after he qualified to run against Mayor Pam Iorio.

City attorneys have argued Lewis fell victim to a state law that requires candidates to resign if they are running for their boss' job and the boss is seeking re-election.

A Hillsborough County circuit judge disagreed in July, calling the city's interpretation of the state law too broad.

The mayor does not have the authority to appoint, employ, promote or supervise employees such as Lewis, the judge ruled.

The city has filed an appeal with the 2nd District Court of Appeal in Tampa.

That ruling could take months, said Lewis' attorney, Steve Wenzel. He argued the Civil Service Board, a panel independent of the mayor and city council, should review Lewis' circumstances now.

However, Tom Gonzalez, a city attorney, said any move concerning Lewis' reinstatement would be premature.

"We're not asking this board to decide anything today," he said, "but to grant a continuance to allow the appeal to proceed."

Lewis can always return for another hearing if needed, Gonzalez said.

Board member Paddy Moses agreed.

"I, personally, have a problem trying to make a decision on something" being reviewed in the higher court, she said, seconding a motion to grant the city its extension.

It's another way to keep Lewis from his job, Wenzel said after the vote.

It also sends a scary message, he said: "With this ruling, it means employees don't really have any rights here."

Lewis said he has spent the better part of the year working odd jobs.

"Justice has to prevail," said Lewis, who earned about $100,000 as a captain in the narcotics unit. He continues to receive pension benefits, he said.

Lewis received 12 percent of the vote in March's election. Iorio won her second term with about 80 percent.

Lewis has said he was being punished for daring to run against the mayor. City attorneys contend they were following state law.

Reporter Sherri Ackerman can be reached at (813) 259-7144 or sackerman@tampatrib.com.

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