JUDGE DISMISSES SUIT BY FORMER EMPLOYEE AGAINST SHERIFF’S OFFICE

PHELPS WAS FIRED FOR TELLING A SUBORDINATE TO ACT LIKE A NEO - NAZI WHILE DEALING WITH A BLACK SUSPECT

MANDY MILES mandy@keysweekly.com ing Florida legislative session could have major implications for next year’s budget.

An already-anticipated $500,000 increase in retirement costs could balloon to a $5 million price tag with the potential passage of House Bill 239 to amend the Florida Retirement System.

In addition, House Bill 1, signed into law by Gov. Ron DeSantis on March 27, could potentially cost the district about $2.5 million extra in Family Empowerment Scholarships in 2023-24. The scholarships are designed to financially assist students in kindergarten through 12th grade who choose to attend a private school or public school other than the one they were assigned, as well as providing families of students with disabilities the option to receive a personal Education Savings Account (ESA) for their student. The scholarships added an additional cost of $900,000 to the 2022-23 budget.

The exact cost for next year is still uncertain, Anders said, but her estimate was calculated based on the number of homeschooled students in the district who are not currently enrolled in the program.

“It’s very much up in the air with a lot of things to watch,” Anders told the board. “Really, until May 5, it’s going to be very difficult to anticipate what’s going to happen.”

Afederal judge on March 31 ruled in favor of Monroe County Sheriff Rick Ramsay and his office by dismissing a lawsuit filed by a former high-ranking officer who claimed she was fired because of her sexual orientation.

Former sheriff’s captain Penny Phelps sued the sheriff, the Monroe County Sheriff’s Office and several MCSO employees after she was fired in 2019 for “using her authority as a high-ranking officer to direct a subordinate to act like a white supremacist and harass a suspect whom she knew was African-American to such a degree that he would file a citizen’s complaint,” states Judge Jose Martinez’s March 31 ruling granting summary judgment in favor of Ramsay, the sheriff’s office and all other defendants in the lawsuit filed by Phelps.

The case stems from a November 2017 stabbing on Stock Island that became known locally as the “tree house murder.” A woman who lived on Stock Island was attacked by two men who slashed her throat, although she survived. A third man who rushed up the steps to help the victim was stabbed to death, and the attackers fled.

During the investigation, in trying to confirm the prime suspect’s identity, then-Capt. Phelps, who was in charge of the sheriff’s office Major Crimes Division, directed a subordinate officer “to act like a neo-Nazi, white supremacist and harass a known African-American suspect in connection with a highprofile murder investigation,” Martinez writes in his ruling.

Phelps’ direction to the officer was recorded.

In his 30-page ruling, Martinez writes, “There is no dispute of material fact on the record as to (Sheriff) Ramsay’s reason for (Phelps’) termination. … Her conduct led to an internal affairs investigation where both Colonel Lou Caputo and Major Chad Scibilia recommended termination. … Additionally, several community organizations reached out directly to (Sheriff) Ramsay regarding the allegations against (Phelps). The president of the South Florida Police Benevolent Association expressed his opinion that (Phelps) should be removed from ‘oversight in any capacity, including training.’ Leadership Monroe County revoked (Phelps’) invitation to present at their upcoming session and the president of the College of the Florida Keys advised Ramsay that he revoked (Phelps’) adjunct teaching privileges and banished her from teaching at the college campus. On this record, therefore, this court finds that defendants proffered a legitimate, non-discriminatory reason for the (termination).”

Further, Martinez writes, “(Phelps) has not put forth a single shred of evidence tending to show her termination had anything to do with her gender or sexual orientation. In fact, despite long standing knowledge that Phelps is a homosexual woman, (Sheriff) Ramsay promoted her several times, giving her a great deal of influence and responsibility in a high ranking, public facing position. What’s more, Ramsay replaced (Phelps) with a homosexual female officer. (Phelps) does not dispute this fact, but instead attempts to explain it away with the self-serving argument that, ‘Defendant intentionally replaced her with a homosexual female to avoid liability for sex and/or sexual orientation discrimination.’”

ALEX RICKERT alex@keysweekly.com