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Zephyrhills Police Chief Resigns, Refutes Probe Findings

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By CHRISTIAN M. WADE | The Tampa Tribune

Published: August 19, 2008

ZEPHYRHILLS - Police Chief Russell Barnes resigned this morning, effective immediately.

In a letter to City Manager Steve Spina, Barnes denied he had falsified records for Sgt. Robert Perrault Jr., the department's former spokesman and head of internal affairs, or attempted to cover up payroll discrepancies in the department. A city investigation released Monday concluded he had.

"My resignation is not intended, nor should it be taken, as an admission of any kind to the allegations," he wrote.

Barnes, 55, was put on paid leave July 29 after a complaint was filed against him and Perrault by a former officer.

Spina asked for Barnes' resignation Monday, but the chief didn't immediately respond. Under the city's charter, only the city council can fire the police chief.

Less than an hour before an emergency meeting at noon today, Barnes submitted his resignation.

Council members did not discuss the findings of the investigation.

Council President Luis Lopez, who is dealing with a family emergency and couldn't attend today's meeting, said he wants to turn over the findings of the city's investigation to the Florida Department of Law Enforcement for review.

"This is a case of blatant fraud," Lopez said in a phone interview. "He cannot claim it was an accident. I'm not only in favor of dismissal, but also pursuing possible charges."

Lopez, who supported firing Barnes, said he believes the investigation is far from over.

"We need to conduct a top-down review of the entire police department," he said. "We can't let this continue."

Officials in this east Pasco County city launched its investigation after former officer Kenneth Fong, who was fired by Barnes, filed a complaint alleging that Perrault and the chief had falsified time sheets and other records.

Perrault, who resigned Aug. 8, was accused of "double dipping" - claiming to have worked for the city when he was actually teaching criminal justice classes at Pasco-Hernando Community College.

A similar complaint was filed in August 2007. Barnes investigated the complaint and concluded it was unfounded.

According to the city's investigation, conducted by Sgt. Jeffrey McDougal, Barnes didn't adequately investigate the complaint. Instead, Barnes created a log documenting so-called "flex time" Perrault used to justify the hours when he was on the clock for both the city and college.

But the city has no such policy on its books, and Spina said Perrault was the only employee in the police department allowed to bank the so-called flex hours. According to records, he had racked up more than 140 hours at one point.

In his resignation letter, Perrault denied any wrongdoing and said his decision to leave the city after nine years was not related to the investigation. He has been offered a job teaching criminal justice at Zephyrhills High School.

Perrault claims that the use of flex time is widespread in the police department as a means to reduce overhead costs.

His resignation effectively leaves the city with no means or need to discipline him.

Capt. David Shears will continue to serve as acting police chief. Spina said Monday he wants to address morale issues in the department before beginning the search for a new chief.

Reporter Christian M. Wade can be reached at (813) 948-4216 or cwade@tampatrib.com.

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