Official ousted in wake of scandal

Clearwater's personnel director was told that he would be fired if he didn't step down.

By CHRIS TISCH, Times Staff Writer
© St. Petersburg Times
published May 30, 2002

CLEARWATER -- The city's personnel director has been forced to resign, four days after saying in an interview that he didn't think there was enough evidence to fire three police officers for sexual misconduct.

City Manager Bill Horne told Paul O'Rourke Tuesday night to step down or be fired. O'Rourke, who has been with the city for five years, agreed to resign from his $85,446 per-year job.

O'Rourke's sudden departure comes in the wake of an investigation into whether two police officers and a sergeant had sexual contact with a mentally ill Clearwater Beach woman while on duty.

In March, O'Rourke told the president of the police union that there was a criminal investigation into allegations against the officers. Police officials say that revelation could have compromised the inquiry.

Weeks later, Horne decided to fire the officers while O'Rourke -- who normally would make employee disciplinary decisions -- was out of town.

On Friday, O'Rourke told the St. Petersburg Times he would not have fired the officers had the decision been his.

Horne said O'Rourke's comments were inappropriate.

The city manager said he made the decision to fire O'Rourke based on a pattern of actions, including some of O'Rourke's decisions in the police scandal.

"There is no one single incident," Horne said Wednesday. "This is more of a cumulative effect."

O'Rourke could not be reached for comment Wednesday. No one answered his home telephone, and knocks to his door went unanswered. He will receive about $42,000 in severance pay.

The Clearwater Beach woman has accused two officers, James Mehr Jr. and Anthony Pearn, of having sex with her while they were on duty. She also accused Sgt. James Heinz, a 19-year veteran, of fondling her.

Police Chief Sid Klein launched an internal investigation into the allegations in October, then asked the Florida Department of Law Enforcement to investigate potential criminal charges in February.

The three officers were placed on administrative leave in March, which is when O'Rourke told police union president T.J. Donnelly that the FDLE was investigating possible criminal charges.

Police officials were concerned that widespread knowledge of the criminal investigation could compromise it. One of the concerns was that the officers would "lawyer up" and not grant interviews to FDLE agents.

The FDLE and prosecutors later decided no criminal charges could be justified against any of the officers.

On Wednesday, Donnelly said O'Rourke didn't tell him anything that most officers didn't already know.

"At that time, it was already common knowledge," Donnelly said of the FDLE's involvement. "There was no compromising the investigation.

"If this has anything to do with him having told us about the FDLE investigation, I hope that's not the only reason," Donnelly said. "I think they made a big mistake. I think it was wrong to treat him the way they did. I have a great deal of respect for Paul."

The officers also had already been referred to the union's attorney.

"It's one of those things that we wish would not have happened; but I think a police officer under investigation is going to exercise his rights, anyway," said FDLE regional director Jim Sewell.

Sewell said he doesn't think O'Rourke's mistake had any affect on the outcome of the investigation. O'Rourke has said the conversation with Donnelly was an honest mistake.

A seven-month internal investigation sustained several of the woman's charges against the officers. Police Chief Sid Klein recommended all three be fired.

As personnel director, O'Rourke normally would decide the officers' fates. O'Rourke told city and police officials that he would not recommend firing the officers. Rather, he said, he would recommend Mehr and Heinz be suspended for three to five days based on an accusation peripheral to the sex allegations. Pearn, he said, should receive no punishment.

O'Rourke said he didn't find out he was off the case until he returned from a conference in New York and heard a message on his voice mail. By then Horne had decided to fire the three officers, and the city had called a press conference to announce the decision.

Rather than be fired, Mehr and Pearn elected to resign. After a hearing, Heinz returned to the force with a demotion to police officer and a promise to retire in January after he secures his 20-year pension.

O'Rourke on Friday told the Times that he would not have fired the officers because he didn't find the allegations against them to be credible.

He questioned the veracity of the woman who made the allegations, who suffers from manic depression and -- it is alleged in investigative reports -- used crack cocaine. The woman also had asked a potential witness to testify on her behalf, saying she planned to sue the city, according to reports. Her attorney is now in talks with the city on a settlement.

O'Rourke also said he felt 14 witnesses needed to be interviewed.

"All I was trying to get was the truth," O'Rourke said Friday.

Then on Tuesday night, O'Rourke was gone.

"This whole thing is turning into one huge tornado," said Bob Walker, an attorney who represents Mehr and Pearn. "The only guy who's done anything right in this thing is now history. What's wrong with this picture?"

Horne and O'Rourke have a history together that predates their work with the city.

O'Rourke worked for Horne at U.S. Central Command at MacDill Air Force Base from 1995 to 1998. O'Rourke came to the city of Clearwater as a senior assistant to then-city manager Mike Roberto in June 1998, then rose to personnel director in October.

O'Rourke helped recruit Horne to Clearwater that fall. Horne initially oversaw city vehicle, radio and building maintenance. Horne rose to the assistant city manager post in June 1999, then became city manager last summer.

Horne called O'Rourke a friend and said the decision to fire him was "tough."

O'Rourke was suspended for a week without pay in August 1999 after he improperly changed the employment contract of the deputy city manager before releasing it to the Times, reducing the employee's allotment of extra vacation days from 30 to 10.

That didn't seem to affect his 2001 evaluation by Assistant City Manager Garry Brumback, who wrote: "Paul O'Rourke is the standard by which all Human Resource Directors should be measured."

-- Staff writer Jennifer Farrell contributed to this report.

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