Ex-cop wins case, maybe not job

A judge says Tampa couldn't force a police captain to give up his job to run for mayor.

By COLLEEN JENKINS
Published July 4, 2007

TAMPA - Former police Capt. Marion Serious Lewis should not have been required to resign in order to run against Mayor Pam Iorio, a judge ruled Tuesday.

But Hillsborough Circuit Judge Marva Crenshaw did not specifically reinstate Lewis to his position, opening the door for two very different interpretations of her ruling.

"If you strike down the reason that I was forced to resign, then it's clear that the only other reasonable conclusion is that I get my job back, " said Lewis, 49.

City Attorney David Smith, however, vowed to appeal, saying the judge's reading of the city charter "essentially eviscerates the power of the mayor."

The state's Resign to Run law requires a police officer to give up the job when seeking a public office that is currently held by someone who has the authority to "appoint, employ, promote or otherwise supervise that person."

City attorneys said the charter gives Iorio that power over all police offices, justifying the forced resignation of Lewis after he qualified to run for mayor in January.

Lewis, a Tampa police officer for more than 25 years, refused to sign the resignation papers. He cited an informal advisory opinion from an attorney with the Florida Department of State that said he didn't have to resign to run because police Chief Steve Hogue had ultimate supervisory power over him.

Crenshaw found that the city's reading of the Resign to Run law was "overly broad."

"Under Plaintiff's argument, any City employee is prohibited from running for Mayor without resigning from employment, because the Mayor, as municipal head, indirectly appoints, employs, promotes or otherwise supervises all City employees, " the judge wrote.

Lewis, who said he has spent more than $50, 000 fighting for his job, was confident Tuesday the city will lose its appeal. He will seek back pay, attorney's fees and reinstatement if he prevails.

[Last modified July 3, 2007, 23:29:54]