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Policeman Can't Rejoin City's Force

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By GEOFF FOX

The Tampa Tribune

Published: September 13, 2008

ZEPHYRHILLS - Kenneth Fong, whose complaints about payroll discrepancies led to last month's resignation of Zephyrhills police Chief Russell Barnes, will not be rejoining the Zephyrhills Police Department.

Fong, who in June was exonerated of an erratic-driving complaint that led to his termination in April 2007, asked to be reinstated last week. The investigation of the complaint against Fong was conducted by former police Sgt. Robert Perrault, who also resigned in August, and approved by Barnes.

This week, City Manager Steve Spina, who exonerated Fong, sent him a letter saying he would not be reinstated. Fong worked at the department for about six months. City police officers can be fired for any reason during the one-year probationary period.

When Fong was exonerated, he signed a "full and complete release, which resolved all matters, including the possibility of reinstatement," Spina said in the letter.

Fong, 40, said Spina's decision wasn't surprising.

"It's obvious he's using the one-year probationary period and his power as city manager to exercise his right to get rid of someone the agency doesn't want, and I respect that," Fong said.

"I thought he did the right thing by exonerating my file and ultimately placing Barnes and Perrault on suspension. Unfortunately, he falls short of correcting the problem by restoring my job or financially compensating me."

Fong said he had spoken to but not hired a lawyer about his situation.

In the agreement Fong signed, he acknowledged that the city had paid him all money it owed him. He also agreed not to sue the city and that the city had no further obligations to him.

"There's not much more to say about it," Spina said Thursday. "He felt that the erratic driving investigation was handled unfairly and poorly and wanted it corrected, and we agreed. I've done what he asked me to do, and we're trying to move on. The people he feels treated him unfairly no longer work here."

Perrault, who also taught classes at Pasco-Hernando Community College, was accused of "double-dipping" - claiming to have been working for the city while teaching criminal justice classes at the college. He resigned during the investigation to teach at Zephyrhills High School, a post he applied for before the payroll investigation began.

The city's investigation concluded that Barnes created a log documenting so-called flex time that Perrault used to justify the hours he claimed to have been on the clock for the city while he was working at PHCC. The city does not have a policy allowing flex time.

According to city records, Perrault was paid more than $2,000 for hours he did not work, mostly in 2006 and 2007. Spina said the city likely will lose that money.

The city is paying Barnes and Perrault, both of whom denied wrongdoing, nearly $24,500 in back pay and other costs, records show. Barnes will take home just more than $10,420, and Perrault's net payout will be slightly more than $4,000.

"They're entitled to that money by law," Spina said. "How many places do you go where the city manager overrules an internal affairs investigation signed off on by the chief and others?

"I thought that was the right thing to do by him Fong, and I did it."

Reporter Geoff Fox can be reached at (813) 779-4613 or gfox@tampatrib.com.

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