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Fired Pasco Deputy Fighting To Get Job Back

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By TODD LESKANIC | The Tampa Tribune

Published: February 24, 2009

NEW PORT RICHEY - Pasco County sheriff's Deputy Edward Tucker opened his front door at 6 a.m. Jan. 26.

Standing outside were his patrol sergeant and an internal affairs investigator. They had come to tell Tucker he was being fired for falsifying documents, failing to take suitable actions and failing to properly carry out duties.

Although Tucker knew he was the subject of an internal affairs investigation, he contends the meeting outside his home was the first he heard of any proposed discipline.

In a hearing today, attorney Kerry O'Connor argued that the sheriff office's failure to inform Tucker of possible disciplinary action was a violation of law.

Circuit Judge Stanley Mills agreed with O'Connor's contention but stopped short of issuing an injunction that would put Tucker, a 10-year department veteran, back to work.

It remains to be seen whether the injunction will be forthcoming; Mills said he wasn't sure what he would do about the apparent violation.

Attorneys Jeremiah Hawkes and Richard Corcoran argued that the sheriff's office followed protocol in investigating and firing Tucker. They argued that an Oct. 30 letter to Tucker put him on notice of potential disciplinary action.

"If the sheriff is guilty of anything with this law enforcement officer, it's giving him too many chances, not too few," Corcoran told Mills.

But Mills found that the letter didn't meet the standard of notice because it stated all possible actions, not the specific discipline sought in Tucker's case.

The internal investigation began in May after detectives noticed peculiar patterns in Tucker's work. Investigators found that he had documented incorrect times when handling civil process calls. In other cases, he claimed to be on a call when he was actually hanging out at a west Pasco café or elsewhere, according to reports.

When asked about the discrepancies, Tucker said he was a poor record-keeper. He said taking breaks during his shifts sometimes distracted him from properly reporting his whereabouts.

The court petition doesn't challenge the substance of the accusations that resulted in Tucker's firing, only how the firing was carried out.

Tucker, 30, will challenge the accusations at his March 17 hearing with the sheriff's office Career Service Board.

Reporter Todd Leskanic can be reached at (727) 815-1084 or tleskanic@tampatrib.com.

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