By CHRISTOPHER TUFFLEY
christopher.tuffley@newssun.com
AVON PARK -- On July 15, then Public Safety Director John King wrote an extended email to the members of the city council and City Manager Julian Deleon. He made it clear he was writing for himself alone.
The memo was a recounting of several events involving police officers and Deleon, and areas of disagreement between King and the city manager.
In the message King warned the council: "I am compelled (to write) by the fear that under the current path that we are following that the city and its tax-payers will be subject to further civil litigation and perhaps even a class action suit."
The two situations he most feared were actions by the Police Benevolent Association protesting a hostile work environment, and even more important, suits by criminal suspects against Avon Park officers based on the city's requesting sheriff deputies to keep city police officers in control during city council meetings.
On July 19, King formally resigned as public safety director. The city manager accepted his resignation, to become effective Aug. 1. It was agreed King would receive his severence package.
In response to King's email becoming public Tuesday afternoon, Deleon sent a copy of it to the media at 11:19 p.m. that included extensive comments of Deleon's own -- point-by-point refutations of King's concerns and rememberences.
On Wednesday, the News-Sun received word King was observed clearing out his office at the police station. A call was made to Deleon and he simply confirmed King had vacated the position of public safety director that day.
Shortly after, Deleon called the News-Sun back. "John's resignation was only a couple of days away," he said, asking to be able to give a more detailed answer. "He had completed the exit interview process, and has been allowed to leave with pay."
Deleon added that he had complete confidence in Commander Jason Lister to lead the police department in the interim. He also said he is speaking with Fire Captain Steve Marquart "to assist me with management of functions at the fire service."
At 9:03 p.m. July 25, Deleon released a staff analysis regarding the sheriff's contract proposal (see accompanying article).
King touched on several issues in his July 15 email, including his exclusion from negotiations with the sheriff's office regarding its proposal for law enforcement service; an incident following the July 11 city council meeting between Deleon and APPD Detective Jesse Sapp that has led to each gentleman filing a formal complaint against the other; Deleon's request for sheriff's deputies to be brought in to future council meetings to maintain order; police department behavior in the past; and King's request that Deleon be removed from the city's police contract negotiation team for what King said were reasons of bias and bad faith.
King wrote that following the council's 3-2 vote on June 11 to ask the sheriff for a proposal for service -- which caught him by surprise -- he approached Deleon and said, "that if there was to be any credibility or validation of the process that I needed to be present at all of the conversations with the Sheriff's Department." He added that his 32 years of law enforcement experience would "assist the city in getting a more accurate and complete proposal."
King writes that Deleon told him he would be a part of the negotiations, but that in fact he was excluded. King said while he was not happy with Deleon's decision to exclude him, he accepted it.
He reported that at one point Deleon told him, he had to have "some discussions with the sheriff out of my presence."
In his commentary on King's memo, Deleon wrote, "It was indeed my original intent to keep you involved, and you were indeed involved in some of the discussions, and further, I kept you abreast on all matters of relevance." Deleon adds that he forwarded emails to King and the PBA from the SO and that King did attend one meeting at the SO office.
"With regards to some private conversations which I had with the sheriff, this was my prerogative," Deleon wrote. "I never asked you to validate or justify my actions to anyone or for you to lend any credibility to the negotiation process ... Your perception regarding validation is just simply not needed."
The core of their disagreement, Deleon wrote, was King's conflict of interest -- which Deleon characterized as in favor of retaining the police department -- and King's persistent requests to be part of the negotiations, even after Deleon had told him no.
King referred to a July 11 confrontation between Deleon and Sapp following a city council meeting (see the story published Friday, July 20, "Sparks fly at APPD debate" www.newssun.com/072012-ct-APPD-), that led to the detective and the city manager accusing each other of intimidation.
It was largely because some council members and Deleon felt intimidated by police officers, as well as the incident with Sapp, that led Deleon to ask for the sheriff deputies' presence at the next several council meetings, Deleon said.
"What do you expect me to do," Deleon wrote King. "As the city's chief administrative officer, I made the call to ensure everyone's civil rights are equally protected." He added that in 2010 police officers has been disruptive during a meeting and he worried about a recurrence.
King had written: "I am offended once again. The citizens of Avon Park ought to be outraged at the city manager's request and suggestion that our officers are somehow capable of doing harm to him, the council, or any other person. They have taken the oath to serve and protect ... The officers are merely attempting to save the police department as this is where they would rather be employed. Hell, if they didn't show up to meetings, then some would think that they weren't interested in keeping their jobs. This is a classic Catch-22, they are damned if they do and damned if they don't. This is nothing but an attempt to sensationalize the situation and portray your officers as being uncontrollable."
Deleon responded, "You call my request to the SO an effort to sensationalize, I call it better be safe than sorry. If there is an outburst at the council meeting, we want neutrality."
King wrote that Deleon's email to the sheriff requesting deputies at the meetings "is assuming a lot of liability leaving its officers patrolling the streets, based on the assertion that the council and city staff somehow need protection from its officers at the upcoming meetings. If they can't be trusted during the meetings how can they be trusted on the street. Let's hope that until the consolodation matter gets resolved that none of our officers are involved in any shootings or physical altercations while making arrests that result in injuries. This email, which is now a matter of public record, could be used against the city in any future litigation."
King wrote that he in no way was saying the APPD posed a threat or couldn't be trusted at the meetings. He also suggested that if the request for protection was not rescinded, the city should place all of APPD on leave with pay until the issue is resolved.
Deleon rejected that idea.
"Again, while you are entitled to your opinions, I disagree. The past history suggests that there were problems. You received complaints from council members about intimidation ... Emotions are high at the meetings when the employment perspective is threatened. It is unfortunate that you failed to recognize the professional conflicts and issues."
Finally, King expressed deep concerns regarding Deleon's ability to keep an open mind and remain objective regarding PBA and city union negotiations.
He wrote that in one conversation with Deleon, the city manager referred back to the Sapp incident. King reported that Deleon told him "this was now personal, that he was getting an attorney of his own and that he didn't care what was agreed to with the PBA, or if we could match the proposal that he was going to still recommend to the council that the sheriff take over police operations."
Deleon wrote that a tentative, alternative agreement had been reached with the PBA and would be presented to the city council at its Aug. 4 meeting. "If we had bargained in bad faith, a tentative agreement (pending legal language) would not have been reached," Deleon wrote.
He added, "If your concern really is my recommendation to the council, there unfortunately you have no control over my formalized opinions and believes (sic) ... it is my decision, and I will make it so, regardless of your accusations."
The negotiating PBA principal, Stephen A. Micciche, confirmed Thursday that there is a tentative contract that will be presented to the city Aug. 4.
Friday, July 27, 2012 - www.newssun.com/072712-ct-King-Letter