External scrutiny of police proposed

The city manager wants the City Council to approve his request that a retired judge investigate the Police Department.

By ANNE LINDBERG

© St. Petersburg Times, published August 6, 2000

PINELLAS PARK -- In an abrupt change of direction, the city manager has discontinued an in-house investigation and wants a retired judge to examine allegations that the police department is targeting officers for dismissal.

"It has become apparent during the preliminary stages of this inquiry that it would be inappropriate for this particular effort to be continued by city staff and should instead be undertaken and completed by an independent entity," Jerry Mudd wrote Thursday in a memo to council members.

"I have discussed this issue at some length with the city's attorneys and we are in agreement that it would be more appropriate that this inquiry be undertaken and completed by a retired judge."

The City Council is scheduled to vote on Mudd's proposal at a meeting to be determined. No judges were mentioned for the job, nor was any expense discussed.

Last month, after three female officers filed state and federal complaints alleging they were the victims of sexual discrimination and harassment, Pinellas Park hired a Tallahassee company to survey police employees and make suggestions for improving morale.

Soon after that, two male officers filed union grievances alleging that Capt. Robert Hempel, the department's second in command, put them on a "hit list" of officers targeted for firing because of their age and their reputation for being outspoken. The wife of one officer also complained that the harassment extended to family members.

The police officers union approves of the city manager's wish for an independent investigation.

"The way this thing is unfolding, I think they need a non-governmental employee, someone who does not get his paycheck from the city, to look at this kind of thing," said Bill LauBach, executive director of the Pinellas Police Benevolent Association. "In conjunction with a climate survey, I think it's a good thing."

There is one indication that the investigation may reach beyond the allegations against Hempel. LauBach, whose union represents rank-and-file officers as well as sergeants, has withdrawn from representing the complaining officers because of a possible conflict of interest.

"It would be totally unethical for me to continue on," said LauBach, who has brought in outside representation for the two patrol officers and separate representation for the sergeants.

The police department's other inquisitor, the Tallahassee-based Management Corporation of America, met Wednesday with Mudd for the first time.

"Obviously, any time you receive the number of EEOC complaints in the Police Department, that's enough to cause any city manager to be very concerned," Mudd said. "You've read the exit interviews, and that also causes concern. There was also a complaint about a list that employees' names might be on. That concerns me."

The company asked for documents and will spend the next three weeks compiling a survey, Mudd said. Then company representatives will hold meetings with eight to 10 employees at a time until all staffers have been surveyed. Those meetings will take place outside the police department, Mudd said, and they will be anonymous.

Mudd said that both he and Management Corporation of America are aware that many police employees may withhold information for fear of retaliation.

"Communication's going to be required here," he said. "It's certainly my intent that no employees be retaliated against for speaking up."

Mudd sent a memo July 27 to all department heads saying, "As has been pointed out many times, the key value in the city's mission statement is "genuine respect for all people.' "It is important at this time that all department heads be reminded that opinions expressed by citizens and all city employees be respected by all department administrators. While acting in your capacities as department heads here at the city, it is unacceptable to me for administrators to make derisive remarks of those opinions."

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