Politics

Lewis wins case; job in limbo

A judge says the city couldn't make the police captain resign for a mayoral bid.

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 ruling is wrong, " Smith said. "And the analysis is incorrect in its understanding of the charter."

The state's Resign to Run law requires a police officer to give up the job when seeking a public office 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 officers, 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.

She determined that nothing in the city's Civil Service Board rules, which cover police employees from captain down to patrol officer, gives Iorio direct authority over Lewis.

"That's just patently false, " Smith said. "She does have authority under the charter, and she exercises it."

Both sides argued their cases at a hearing last month. Lewis' attorneys asked Crenshaw to deny the city's motion for summary judgment, in which the judge resolves the case without a trial, but did not make their own motion for summary judgment.

Yet the judge took the unusual step of acting on her own volition to grant a judgment in favor of Lewis, a move the city attorney said was out of line with the rules that govern civil cases. Smith said he had never seen a judge do that before.

"There are many reasons why that is not prudent, " Smith said. "It's just highly anomalous."

Lewis' attorneys were out of town on Tuesday and could not be reached for comment.

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.

"This was about democracy and individual freedom, " he said. "Every person should have the freedom to run for political office without losing their livelihood. Whether I got my job back was secondary.

"If the Constitution is authentic, then we would have to prevail in this case because the Constitution says that every American should have the opportunity to run for political office without being penalized."

Times staff writer Janet Zink contributed to this story. Colleen Jenkins can be reached at 813 226-3337 or cjenkins@sptimes.com.

[Last modified July 4, 2007, 06:55:55]