UPDATED: Judge rules against Sheriff Watson in deputies’ lawsuits
BY JENNIFER CABRERA
Updated with Sheriff Watson’s response at 8:45 p.m.
GAINESVILLE, Fla. – Judge Donna Keim has issued the Writs of Mandamus requested by three Alachua County Sheriff’s Deputies, ordering Sheriff Clovis Watson to convene compliance review hearings no more than ten calendar days after May 24.
The three deputies all filed lawsuits in March, asserting that Alachua County Sheriff’s Office had violated the Officers’ Bill of Rights during internal investigations into each deputy and that their requests for compliance review hearings were illegally denied.
According to Florida Statute 112.534, a compliance review panel is made up of three members: one selected by the agency head, one selected by the deputy filing the request, and a third member selected by the other two members. The panel members must be law enforcement officers from the same law enforcement discipline as the deputy requesting the hearing, but panel members may be selected from any state, county, or municipal agency within Alachua County.
The panel is tasked with reviewing the circumstances and facts surrounding the alleged intentional violation of the deputy’s rights to determine whether or not the investigator or agency intentionally violated the deputy’s rights; the panel will not hear any evidence related to the disciplinary charges pending against the deputy. The deputy bears the burden of proof in establishing that the violation of rights was intentional. The determination must be made at the conclusion of the hearing, in writing.
If the panel finds that the violation was intentional, the investigator must immediately be removed from any further involvement with the investigation, and an investigation must be initiated against that investigator for purposes of agency disciplinary action. If the investigation is sustained, the allegations are forwarded to the Criminal Justice Standards and Training Commission for review as an act of official misconduct or misuse of position.
Judge Keim found that each deputy’s request for a compliance review hearing was timely and complied with Florida Statutes, that ASO did not have any discretion on whether to convene a compliance review hearing, and that the deputies have no other adequate remedy available to address allegations that their rights were intentionally violated.
The deputies also sought injunctive relief in the form of an order that would force ASO to comply with the Officers’ Bill of Rights in all internal investigations, but the judge ruled that the Writs of Mandamus constitute an “adequate remedy at law.”
In Monday’s hearing on the deputies’ complaints, the Sheriff’s lawyer argued that the Sheriff has the discretion to deviate from agency policies and that any such deviation does not constitute a violation of the deputies’ rights; Judge Keim’s order agreed with the deputies’ attorney, who argued that the Sheriff is required under Florida Statutes to convene the compliance review hearing upon request from a deputy under investigation.
Sheriff Watson provided the following statement regarding the ruling made by the Honorable Judge Keim: “As Sheriff of Alachua County, it is my responsibility to ensure that every law enforcement officer employed by this agency is afforded the rights prescribed to them under Florida State Statute 112, known as the ‘Officer Bill of Rights.’ Based upon the ruling from the Honorable Judge Keim, it was found that each Deputy’s request for a compliance review hearing was timely and complied with Florida Statutes; therefore, this request must be granted. I want to assure you that as your Sheriff, it is my inherent duty and responsibility to make sure that we work diligently to remedy any errors that have occurred. While a mistake may have been made, it is my job to ensure we make it right. I want to thank the Honorable Judge Keim, and the respective legal counsels, for allowing the court to hear both sides prior to rendering a decision. This decision provides us with an opportunity to improve upon our processes and better serve the men and women in uniform.”
Any ASO deputies brave enough to post their opinions about the moral and leadership at ASO???
It isn’t that they aren’t “brave” enough to post their opinions. You’re reading about one deputy who got fired just for posting his opinion. Others have been disciplined and demoted for LIKING any social media posts that are critical of Clovis & Pals.
Deputies need their salaries, health insurance and retirement plans just as much as anyone else. Clovis has made it clear that retribution will be swift and unfair if you get caught saying one word against him, hit the “like” button, or in any other way express your dissatisfaction with his lack of leadership and inept performance as sheriff.
And you’ll have to hire an attorney just to force Clovis to follow agency policy.
Some of these people have dedicated decades of their lives to their career and it’s sad to see how quickly Clovis has managed to tear things apart.
Having said that, if you go to the Chronicle’s Facebook page you’ll see plenty of comments on articles about Clovis from people who have already left ACSO and are free to speak the truth about Clovis.
Old Clovis sounds a lot like Trump, but nobody cares when Trump does it.
Sounds more like Xiden and Garland
Lou,
That’s just it. No one can speak out without losing their job or being smeared. The system will be used against them. I’ve seen this in many departments.
Great start to get this clown out of office. He is unfit for duty and was the ultimate diversity hire. Crime is out of control in this county now thanks to this guy and his incompetence and woke politics.
Hire? Even though he’s incompetent Michael, you understand he’s not a hire?
He was not hired he was elected by the left wing idiots of Alaucha County we had a great sheriff in Sadie Darnell
Well….Sheriff Darnell did stuff like this too….she smeared a deputy who ran against her for sheriff. I liked Oelrich and Crevasse better.
I remember more than one deputy kicked to the curb after announcing they would for Sheriff against S. Darnell.
From the start he has made (Single Diversty) and Exclusion (of whites) his foremost priority, seeing himself as righting wrongs since the civil war and a hero to the black community. He has actually greatly furthered division of people and increased racism. He should be removed by the Federal Department of Justice or US Attorney. Of course with a Biden Administration,, nothing will happen. Vote him out of office now.
Sadly, I watch the youth crumble. Sadly, I have seen inequality by the whole sheriff office. I have been to the office to discuss this and obviously have been ignored. I have watched younger children beat each other and the parents get in fights, and there is no repercussion. I’ve watched as a mother had taken her daughter to a location they do not live but the other person the daughter wanted to fight had been there, that mother pulled a gun and yet was not arrested. The mother that had taken her daughter to the property and pulled a gun on the girl that lived there. Sadly, I guess the person’s position kept ASO from arresting her. Only to have another incident that resulted in a stabbing because once again the girl had showed up to property they did not live at, wanting to fight the same girl they showed up to again. and Now the one who they wanted to fight is locked up, because she stabbed a girl who continued to bully her. I don’t know, if the sheriff himself is the reason for this, but he dang sure should be held responsible for the actions that were not taken, so as to avoid this one. Furthermore, when the deputies and investigator didn’t do his job to get statements onsite, that shows just how much they do not care for the community that is less than them. I do not despise cops at all but I do despise corruption within a department. Not holding some one even a child responsible, lets that child know that they can do whatever they want. I don’t know the story about these deputies but I feel the whole ASO needs a transformation. New programs, to hold at risk kids responsible. Not saying jail but certainly community service, and mentors, counseling. All of this before it gets very bad. I know much of this falls on the shoulders of the courts but, there are things the cops can do first hand. Of which I have seen none of. what I have seen is we don’t charge kids there is nothing we can do, and not even parents held responsible for their actions of showing violence. What I have seen is the ASO K-9 unit is exceptional, and the and very well behaved officers (referring to the K-9). but all in all I would trust the GPD with handling crime, more so than ASO…but would trust the K-9 unity with ASO quicker that I would have the former GPD K-9. I know way off topic but really is it?
“The Sheriff’s lawyer argued that the Sheriff has the discretion to deviate from agency policies and that any such deviation does not constitute a violation of the deputies’ rights.” Not so fast my friend!
“Judge Keim’s order agreed with the deputies’ attorney, who argued that the Sheriff is REQUIRED under Florida Statutes to convene the compliance review hearing.”
Those rules for me, today at least, apply to thee as well.
Trying to make the rules as you go along doesn’t always work.
Time for the Sheriff and his cronies to pack up and leave office!!
The issue is there is never any real consequences for law enforcement administrations that do this. It’s always the officers and deputies that win against administrations that bear the brunt of it. They end up returning to work with a target on their back.If they decide that they would be better off working elsewhere the agency labels them as trouble makers and other agencies may not be inclined to hire them. We will see. Clovis has been stepping on people’s backs for years and he keeps getting away with it.
I agree. Clovis sits there purposely not following the rules and it doesn’t cost him a dime. All the money is spent on the deputies’ side of things trying to “win”…. until the very next time Clovis decides not to follow the rules again.. This isn’t on accident people this tactic is planned and deliberate.
Truly toxic.
Clovis should pay all the legal fees for the deputies out of his own pocket.
All the more reason vigilant crime fighters and juries need more power in our justice system. And less power for egotistical brainwashed college grads.
You violated not one, but three law enforcement officers rights. Your legal staff must be the most incompetent legal team that has ever be assembled at the Sheriff’s Office and apparently has never read the Law Enforcement Officers Bill Of Rights. It appears that Attorney Rush was told by the Sheriff how this investigation was to turn out. Not only does Mr. Rush need to resign, but all the cronies’ that have be promoted in this administration. Mr. Watson do the citizens of Alachua County a favor and resign you are inept as a Sheriff and an embarrassment to those who wear the uniform. Your flowery excuse that was post on Facebook is an example of your stupidly.
Mr. Rush is just doing his job. Focus on Watson and his actions.
If he was doing such a fine job he would have read and understood the Law Enforcement Officers Bill Of Rights and not gone along with the incompetent administration at the Sheriff’s Department. He may want to go back into private practice before his name gets dragged through the mud again.
Don’t be fooled, he knew the law and the rights. All about the $$$$, that was easy money. He gets paid win, lose or draw.
Paid for by taxpayers.
Get ready. The county residents will be footing the bill for his incompetence and he’ll be asking for a higher budget next year.
As others have said, Clovis needs to pay the fees out of his own pocket. All he has to do is buy a couple less suits and get off some of his past lottery winnings.
Thank god the judge saw thru all the BS! Our “Sheriff” is a joke. He is an absolute EMBARRASSMENT to Alachua County and ASO. Morale is at an all time low. His employees, except those who kiss his ass, don’t trust him as far as they can see him. I’d like to know how Yeager jumped from a Deputy to a Major in a 18 month period, when NORMALLY that would take years. Not shady at all {{sarcasm}}. This right here….
” If the panel finds that the violation was intentional, the investigator must immediately be removed from any further involvement with the investigation, and an investigation must be initiated against that investigator for purposes of agency disciplinary action. If the investigation is sustained, the allegations are forwarded to the Criminal Justice Standards and Training Commission for review as an act of official misconduct or misuse of position.”
I look forward to seeing Yeager squirm when he’s in the hot seat over that part.
As for Watson’s “Legal” team, that’s laughable at best. Rush should probably
Stick to his Cosplay as a Vampire and give up any political aspirations. LOL. At least with Shady Sade, you knew what you had.
How disingenuous is it to agree with the Judges ruling when he coulda done the right thing from the start by avoiding the policy of retribution.
LOL You should have seen the first draft.
“Memo from the desk of His Most High Excellency Khlovie Kardashian.
As Cheriff of Alachua County, it is my responsibility to ensure that every last dollar of US currency possible goes into my bank account. With cop retirement, city mismanager retirement, show up at the legislature retirement, and Cheriff pay I get paid more tax dollars than the President except he is vastly overpaid and I am vastly underpaid so you peons of Alachua Count better be glad I pontificate so cheaply as your Cheriff.
We have job openings at the Department. If any of my old Merrillhood homeboys need a job, I can set you up as a Major. $150k pay plus a brand new black Cadillac Escalade with no Cheriff logo on the door, white undercover cop license plate, and illegally dark tinted windows cuz I am The Khlovie and I am above the law and exempt from the law. Plus a free taxpayer gascard. My posse rides gangsta style. EZ job, just say “yes” to everything I say, hold a mirror so I can continually check the size of my ego to make sure it will still fit through the door, and go to BOCC meeting instead of me cuz I am too Important to attend BOCC meetings and those 5 commissioners are too wimpy to cut my budget for not showing up.”
Editorial note the above is not true but only a sarcastic joke, kind of like a certain local Constitutional officeholder.
When will people learn that as long as you have elected and appointed leaders in police from the local good old boys network there will be no growth or change.
Every single personnel action (promotion, demotion, termination, hire) that has been made since this man took office should be investigated.
Every single disciplinary action that has taken place (deputy or not) should be investigated by speaking with the individual impacted.
Every single penny that has been spent should be investigated by speaking with the accountants and fiscal personnel. They may have been bypassed.
Every single place this man has been in his agency vehicle should be investigated. Where does he disappear to?
The fact that he can disappear for months and therefore nothing gets signed i.e. the agency is literally frozen should be investigated.
The fact that Human Resources will offer someone a job, including a start date, but tell them if they cannot find the sheriff to sign the hire paperwork this person will have worked for free, have to stop “volunteering” their time (be unemployed) and just wait until the sheriff shows up to sign the paperwork before they can return is mind blowing.
The fact that his General Counsel can be hired with a documented history of publicly saying “this is my rape face” and wearing “blackface” yet sit in judgement of others and give advice to the Sheriff is appalling.
The fact that the agency is so incredibly short staffed and people are not hired for less egregious things in their past than his General Counsel is confusing.
Sheriff, if you truly want to “remedy any errors that have occurred” than you should fall on your sword and open the doors to a thorough agency investigation.
Tallahassee is all over the City of Gainesville, they need to look at you and the agency too. If you are the man of God you proclaim to be than you know pride is a sin. It is way past time you swallow your pride and remedy ALL of the errors.
You and your illegal employment and financial practices have truly ruined the lives of people of which you will never know their names.
Remedy the errors, Sheriff. What do you want your legacy to be? People are still complaining about Commissioner Hanrahan and former Mayor Poe. Is that what you want? Or, since you are the first black sheriff of Alachua County would you like your legacy to be that of former President Obama?
Governor DeSantis, FDLE, Inspector General – any and every investigative authority needs to come take a look at every action the Sheriff has made and give him a chance to “remedy the errors”. Give him a chance to be the hero of the story and right the wrongs. Or give him a chance to see how the jail is operated by entering through the sally port in a pair of handcuffs.
I am glad these deputies are getting their due process but I have a feeling there are other stories not being told.
I hear there is a criminal indictment headed towards the sheriff’s office. Let’s wait and see.