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News-Sun photo by CHRISTOPHER TUFFLEY Sgt. David Sass spoke at the AP council meeting Monday night. He argued that if the city's finances were as healthy as described, there was time to think through the issue.

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published: Wednesday, July 25, 2012

APPD talk draws big crowd

By CHRISTOPHER TUFFLEY

christopher.tuffley@newssun.com

AVON PARK -- Feelings were heightened at Monday night's regular city council meeting as individuals in the standing-room-only audience stood to argue the merits and drawbacks of replacing the police department with the sheriff's office.

The original agenda item was about the complaints Avon Park Police Department Det. Jesse Sapp and City Manager Julian Deleon exchanged following an incident on July 18 after a special council meeting. That issue, however, did not come to the council as the city's labor attorney, Brian Koji, had been delayed at a hearing and was unable to make the meeting.

Despite that, Mayor Sharon Schuler still allowed the audience to speak out on the general subject of the police department. No decisions were voted on Monday night.

While filled with tension the room remained calm and the discussion was mostly courteous.

The discussion ranged over many related topics -- from the importance of city pride to better opportunities for employees at the larger sheriff's office.

The subject of Deleon's leadership arose, including his request for sheriff's deputies to attend the meeting for the purpose of crowd control.

Deleon has explained he took the action because of meetings that occurred in 2010 when a contingent of police officers left a council meeting in anger. "It (the departure of officers from the 2010 meeting) clearly put the brakes on any discussion," Deleon told the News-Sun Tuesday morning. "Half the room emptied. The impact was, 'We don't want to talk about this because we're angry.' I was afraid it would happen again."

It is a question of civil rights, he added. Just as citizens have a right to picket and speak out, so the city council has the right to hear all arguments in a calm and orderly setting.

Near the end of Monday night's meeting, former city council member Joe Wright spoke forcefully in Deleon's defense.

"Julian has done an excellent job," Wright said, citing four specific successes: Lowering the debt and increasing the contingency fund; moving ahead with annexations; bringing a significant drop in the millage rate; and "having the courage" to address the issue of unfunded liabilities in the police and fire pension fund.

In a choice between Julian and police department, Wright said, "I want Julian."

Regarding the police department, Wright asked what residents really expect. "We want cost-effective, corruption-free, law enforcement," he said. "It's that simple.

"I fully understand why our employees do not want to become members of the sheriff's department. I know that change is tough for people, but objectively I think there is more belly aching than there ought to be." In the long run, Wright said, the sheriff's office is larger, has more money and more opportunities for advancement.

Finally, he said, "We've had four chiefs in five years. I'm very concerned about having to search for another police chief. If I look to the sheriff, at least the sheriff has the ultimate accountability -- there's an election every four years."

Sgt. David Sass, wearing civilian clothes, corrected Wright when it came his turn to speak. The police and fire pension fund is in good shape, he said. It poses no threat because of unfunded liabilities, with the fund now at 88 percent.

In fact, Sass said, the trust fund's actuary in June reported that the pension fund is listed among the top 10 percent of all pensions in the state. "A couple of hundred cities would be happy to change places with Avon Park," he said.

Sass had questions about why the city suddenly could not afford the police department.

"Avon Park currently has the money for the next fiscal year," he said, "even with a lower millage rate for the city manager. If, and I stress if, the city finances that we've been hearing about are actual, I submit those savings will be available next year.

"I believe a decision this important, which will affect the city of Avon Park and its citizens forever, should not be rushed. But, it appears that is exactly what happened. The council needs to be sure it understands all the facts."

Sass said he was insulted by Deleon's decision to bring sheriff's deputies into the meeting.

Deleon had not questioned the police department's honesty and professionalism in the past, Sass said. Not when he had called on it to protect him and city staff from possible retaliation when several employees had been fired, or when an investigation into some public works employees was necessary.

Former mayor Tom Macklin agreed with Sass. "You're protecting us from the very people we want the sheriff to hire," Macklin said.

Citizens voiced concern before, during and after Monday night's meeting that the decision of replacing the police department will not go to a public referendum, due to the city contracting with the sheriff's office, rather than transferring power.

In an effort to protect the public's right to decide, Warren West, a captain with the fire department, gave a proposed ordinance to city council members. It says: "It is the intent of this said ordinance to remove authority of the said city council of the city of Avon Park to transfer, contract, or abolish any function of the ... police and ... fire departments by vote of said council, and to provide the qualified voters of said city the authority by referendum to transfer, contract or abolish any function of said departments, now or in the future."

Deleon said Tuesday afternoon, "I believe Fire Captain Warren West is a city resident and well within his rights to petition the city council on any endeavor."