Several Fruitland Park government officials have been subpoenaed to speak about former Police Chief Michael Fewless in his appeal against the Florida Retirement System (FRS).
Fewless was forced to temporarily leave his chief’s job last August because he had retired from the Orange County Sheriff’s Office while in the state retirement system and then took a job with another agency that pays into that same system without waiting a designated time between positions.
Fewless didn’t re-enter the state retirement system when he came aboard with Fruitland Park, but apparently that didn’t matter, City Attorney Anita Geraci-Carver said in August, when commissioners first learned of the issue.
“It’s the fact that this city has an FRS system,” she said. “It is a violation of their rules.”
Geraci-Carver said Fewless has been asked to “repay some funds that will have an effect on the city” because the state agency is treating it as though he never retired.
Fewless is appealing that decision by the state’s retirement system and Administrative Law Judge G.W. Chisenhall has issued subpoenas for testimony to be given March 18 and 19. Those being asked to provide that testimony are Mayor Chris Cheshire, City Manager Gary La Venia, Human Resources Director Diane Kolcun, Treasurer Jeannine Racine, Deputy Treasurer Sue Parker and “the person at the City with the most knowledge concerning Mr. Fewless’ hiring, application, retirement processing, placement on City retirement plan and circumstances concerning his resignation.”
Both Geraci-Carver and La Venia said they aren’t sure who the administrative judge is seeking with the request for the person with the most knowledge of the situation. Geraci-Carver said it’s possible that that could be determined after the others give their testimony.
In October, Fewless stood before the commission with his family members in the audience and asked them to allow him to return as police chief on a temporary third-party contract until he could get the issue with the state retirement system worked out.
During that Oct. 11 meeting, the issue with retaining Fewless seemed to center more on the money the city might have to repay FRS as a result of the violation. And Fewless also hinted that if the city’s insurance policy doesn’t take care of the issue, he might be forced to file a lawsuit, as he’s currently out a considerable amount of retirement money.
That possibility didn’t sit well with longtime Commissioner Chris Bell, who questioned Fewless on the issue and eventually said he views the police chief position as a “luxury” the city couldn’t afford.
“It depends on everything the insurance does,” Fewless responded. “But I cannot take a $542,000 loss. Commissioner Bell, I wouldn’t think you would expect me to. That would mean I’m paying to have a job – and that just doesn’t make sense.”
The commission then voted 3-2 to end Fewless’ three-year term as police chief – a move that left then-Commissioner Rick Ranize infuriated. He claimed the entire issue with Fewless’ retirement was caused by a clerical error and “sits squarely on the shoulders” of the city.
“He was told by our staff that we have a pension plan. It’s not a problem. We’re not going to put you in FRS,” Ranize said. “But nobody went back and looked at the contract this city signed in February when we entered FRS that stated clearly that all new full-time and part-time employees shall be part of the FRS system.”
After the vote, Ranize offered some final words to Fewless as he thanked the commission for allowing him to serve as police chief for three years.
“Chief, I wish you the best,” he said, as Fewless shook hands with and hugged his former officers. “And if you need a witness, call me.”
After leaving Fruitland Park, Fewless first served as an intelligence investigator with the Leesburg Police Department’s Criminal Investigations Division. But he left that post last week when he was hired as the new operations commander with the Groveland Police Department.
Fewless also was one of 51 applicants for the Wildwood police chief job that was filled last month by Randy Parmer, a 31-year employee of the Jacksonville Sheriff’s Office who starts in his new role on Monday, March 11.