HomeMy WebLinkAboutVII (F) Reimbursement of Legal Fees for Police Officer Agenda 4-15-2003
Item VII F
FOLEY : LARDNER
ATTEYSORN A T LAW
MEMORANDUM
CLIENT-MATTER NUMBER
020377 0539
TO: The Honorable Mayor and City
Commissioners of the City of Ocoee
FROM: Paul H. Rosenthal, Esq., City Attorney
DATE: April 8, 2003
RE: Reimbursement of Legal Fees to a Police Officer
Commissioner Howell has requested that the City Manager place on the agenda
the reimbursement of certain legal fees incurred by Sgt. Brad Dreasher.
A police officer has certain rights under Section 112.532, Florida Statutes, which
is commonly referred to a the Police Officers Bill of Rights. This Section provides in part as
follows:
"RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL
OFFICERS WHILE UNDER INVESTIGATION.--Whenever a law enforcement officer
or correctional officer is under investigation and subject to interrogation by members of
his or her agency for any reason which could lead to disciplinary action, demotion, or
dismissal, such interrogation shall be conducted under the following conditions: (i)
At the request of any law enforcement officer or correctional officer under investigation,
he or she shall have the right to be represented by counsel or any other representative of
his or her choice, who shall be present at all times during such interrogation
Last year Sgt. Dreasher was questioned in connection with matters related to an investigation.
He was advised as to his rights under the Police Officers Bill of Rights and elected to retain legal
counsel to advise him before responding to the questions. After retaining legal counsel he
provided the City with a statement regarding the matter under investigation. No further action
has been taken and the matter is now closed. Sgt. Dreasher incurred legal fees in the amount of
$750 in connection with the investigation.
It is my understanding that Commissioner I Iowell believes that it would he fair
and equitable to reimburse Sgt. Dreasher for his legal fees incurred under these circumstances
while exercising his statutory right to counsel under the Police Officers Bill of Rights. It is our
opinion that this a discretionary decision to be made by the City Commission and that the City
Commission may elect to deal with these types of matters on a cases by case basis. However,
should the City Commission desire to provide the reimbursement it would he advisable to
develop a policy which would be applicable to all police officers in the future.
006.292115. FOLEY 8 LARDNER
FOLEY : LARDNER
ATTORNEY . . , LAW
Reynolds Allen, the City's labor counsel, has some policy concerns regarding the
granting of the request due to potential implications on requests which might be made by other
employees. A memorandum from Mr. Allen is either attached hereto or provided under separate
cover.
2
006 292115.