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Deputies Sue To Limit Sheriff's Authority Regarding Discipline

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By DAVID SOMMER, The Tampa Tribune

Published: February 8, 2008

NEW PORT RICHEY - Pasco County deputies want a judge to decide whether Sheriff Bob White can continue acting as his own appeals court when employees require discipline, a new lawsuit states.

The complaint, filed in Pasco County Circuit Court on Wednesday, asks a judge to declare White is "not the legislative authority that resolves issues impassed at the collective bargaining table with the FOP and the sheriff's office," the lawsuit states.

Fraternal Order of Police members also want a declaration that the county commission is the "appropriate legislative authority that resolves issues" between the union and White.

"The sheriff's position that he handles all appeals of his decisions would lead to an absurd result where the sheriff can resolve all unresolved issues ... in favor of himself and against the deputies in his own sheriff's office," the lawsuit states.

Fort Lauderdale-based lawyer Stuart A. Rosenfeldt, who filed the lawsuit on behalf of the statewide union, did not return a request for comment Thursday.

Wayne L. Helsby, White's Winter Park-based attorney, said just two issues remain between the union and the sheriff.

The first involves appeals of in-house disciplinary proceedings against deputies. Helsby said state law gives that power to the sheriff.

The second issue, Helsby said, is the union's desire to secure free health insurance for deputies who retire prior to becoming eligible for federal health insurance under Medicare.

"That's really a matter of dollars and cents" to be decided during the county commission's annual budgeting process, Helsby said. "They want us to provide them with insurance benefits just as if they are still working from the time they retire" until Medicare kicks in.

Two bills pending before the state Legislature could resolve both issues, he said. One bill gives the sheriff the final say on discipline and pay issues; the other would give those powers to county commissions.

Reporter David Sommer can be reached at (727) 815-1087 or dsommer@tampatrib.com.

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