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Ex-Police Captain's Job Win Tossed

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By CHRISTIAN M. WADE The Tampa Tribune

Published: September 27, 2008

TAMPA - Former police Capt. Marion Lewis has lost another round in his battle to get back the job he had to quit when he ran against Mayor Pam Iorio last year.

After Lewis filed to run against Iorio in the 2007 elections, the city forced him to resign his $100,000 city job because of a state law that says subordinates must resign if the opponent has the "authority to appoint, employ, promote or otherwise supervise that person and who has qualified for re-election to that office."

Lewis sued, and a lower court ruled in his favor.

The city appealed, and on Friday, the 2nd District Court of Appeal ruled in the city's favor.

That overturns a June ruling by Circuit Judge Marva Crenshaw that said the city's reading of the law was overly broad. Crenshaw said in her ruling that the mayor does not have the authority to employ, promote or supervise classified employees such as Lewis.

In arguments before the appellate court, Lewis' attorney, Matt Fenton, had argued the mayor's authority to hire and fire was limited to the police chief. City attorneys argued the city charter clearly gives the mayor authority to supervise city employees, including police captains.

In the end, the three-judge appellate panel sided with the city.

"The mayor's direct control and supervision extends over all departments, nothing in the city charter limits that to department heads," the ruling stated.
Fenton was out of town Friday and couldn't be reached for comment.

Reporter Christian M. Wade can be reached at cwade@tampatrib.com or (813) 259-7679.

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