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Law enforcement bill passes despite opposition of sheriffs, chiefs

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By WILLIAM MARCH and RAY REYES

The Tampa Tribune

Published: April 29, 2009

TALLAHASSEE - State lawmakers have passed a bill that enhances the rights of law enforcement officers, despite opposition by local police chiefs and sheriffs who say the proposal impedes investigations and disciplining cops.

The bill, which arose out of a Tampa Police Department case involving officers accused of billing the agency for hours they didn't work, passed 116-0 today in the Florida House and 24-14 Monday in the Senate. It has been sent to Gov. Charlie Crist for his signature.

The amended "Law Enforcement Officers' Bill of Rights" gives a police officer who's being investigated for misconduct the option of seeking appointment of a review panel if the officer thinks internal affairs investigators have intentionally violated his rights.

The Tampa case involved police officers whose locations were tracked with GPS locators that showed they were leaving work earlier or coming to work later than they reported.

"It's a bad bill," Tampa Police Chief Stephen Hogue said today. "Good cops don't need it and bad cops don't deserve it."

There was controversy on the Senate floor Monday because a majority of Florida sheriffs, including Hillsborough County Sheriff David Gee, opposed the bill, even though its sponsor, Sen. Mike Fasano, R-New Port Richey, said he had been led to believe they supported it.

Opponents including Sen. Steve Oelrich of Gainesville, a former sheriff, said the bill would impede investigation and disciplining of police officers. Sen. Gary Siplin, D-Orlando, cited the Tampa case and called the bill "a cover-up bill, a fix for bad police officers."

Fasano said the bill would merely update current law. It would allow police officers to see the evidence against them, including technological evidence of a kind that didn't exist when the existing rights for law officers were put into the law.

"Did you reach out to the rank and file, to the corrections officer or the cop on the street?" he asked when opponents cited the opposition of sheriffs and police chiefs to the bill.

In December, Tampa police determined four officers consistently billed the department for hours they didn't work, according to an internal affairs investigation.

Police used various methods to track the officers while they were on duty, including GPS devices, Assistant Chief Bob Guidara said. Investigators reviewed detectives' timecards, gas mileage receipts and surveillance records from the Criminal Intelligence Bureau. A 22-week investigation concluded Dec. 18.

Three veteran officers retired while under investigation for violation of agency policy. The fourth was fired.

Fasano filed his bill Jan. 12, less than a month after the Tampa police investigation ended.

The now-retired officers are detectives David Rochelle, Donna Noblitt and Vince Bush. Rochelle had been with the agency 29 years and specialized in hit-and-run cases. Noblitt had been with the department 24 years and specialized in sex crimes. Bush had been with the force 22 years and specialized in economic crimes.

Detective Theresa Dennis, who has been with the department about nine years, was fired. She specialized in hit-and-run cases.

It was alleged that the four officers failed to work the scheduled hours on their timecards and failed to perform their duties, according to the investigation.

Guidara said 40 detectives were investigated and only four were found to be consistently not working proper hours.

From April 2008 through May 2008, it was noted on several occasions that several detectives were not at their desks after 4 p.m., an investigative report states. A review was conducted, and it was determined that Rochelle, Nesbitt, Bush and Dennis had a pattern of leaving headquarters "early in the afternoon prior to finishing their assigned tour of duty or else arrived to work after their scheduled reporting time."

During the investigation, police determined Rochelle left work early 80 times during the 88 days reviewed. A total of 154.5 logged work hours could not be verified. Surveillance showed Rochelle left work early and went home.

Bush, meanwhile, left work early 89 days in a 91-day timeframe. About 84 logged hours could not be verified. Surveillance showed Bush left work early and went home.

Noblitt left work early on 48 days in a 61-day review period. About 71.4 logged hours could not be verified. Surveillance showed she left work early and went home or to off-duty jobs. The investigation found nothing to support she was paid by the city and another entity at the same time.

Dennis left work early on 68 of 71 workdays. A total of 122.8 logged work hours could not be verified. Surveillance showed she left work early and went home.

Rochelle, Bush and Noblitt failed to show up for their scheduled internal affairs interviews, according to the report. The personnel files of Rochelle, Noblitt and Bush indicate they were respected, dependable officers.

Dennis said she left work early a couple days a week and that her supervisors had not given her permission to do so, the report states. She told investigators she violated department rules and apologized.

The State Attorney's Office determined the standard of proof needed to file criminal charges after the investigation was lacking.

This inquiry is similar to one in 2007 where a burglary detective, Evonski Lennear, repeatedly engaged in personal business on city time: shopping; visiting relatives, her church, and her hairdresser; and searching for houses her investment friends could flip, records show. Lennear was found in neglect of duty and insubordinate and was demoted to a master patrol officer, records show.

Police spokeswoman Laura McElroy said Lennear had not been fired because she had worked late into the evening and on weekends without authorization to make up for hours wasted; she had continued to work a 40-hour week.

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