Former Fruitland Park Police Chief Michael Fewless came out on top this week in a nasty battle against the Florida Retirement System.
The longtime Orange County Sheriff’s Office captain had found himself in a bind with the state last August that eventually cost him his position as Fruitland Park’s chief. He was forced to leave the job after three years because he retired from the Orange County Sheriff’s Office in August 2015 after having entered into FRS’s Deferred Retirement Option Program in 2011. Under the requirements of that program, he would have had to wait six months to a year before enrolling in the state system again with a different employer.
Fewless took the job with the Fruitland Park Police Department just days after retiring from the Orange County Sheriff’s Office but he and the city believed he was OK to serve as chief because he didn’t re-enter FRS and instead opted for a second retirement plan offered by Fruitland Park. Fewless said he checked with a representative with FRS before taking the new post to make sure serving with an agency that offered state retirement wouldn’t be an issue.
“He was told he could do this,” said Ryan J. Andrews, one of Fewless’ attorneys with The Andrews Law Firm in Tallahassee. “Then he was told he could not.”
Fewless, who was blindsided by the issue when it arose last August, was asked to repay the retirement fund because FRS was treating the situation as if he never retired. In all, Fewless told commissioners in October when his tenure with the city officially ended, that he had taken a hit somewhere in the neighborhood of $542,000.
At that meeting, Fewless had suggested he could come back as chief on a third-party contract basis until the FRS issue was resolved. But commissioners voted 3-2 to end the relationship with him and move on – a decision former Commissioner Rick Ranize labeled as “shameful.”
In March, Fewless subpoenaed several Fruitland Park government officials to speak on his behalf. Those included 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.” When the city parted ways with Fewless, Ranize also told him he’d be glad to serve as a witness on his behalf.
On Friday, Andrews, who represented Fewless along with fellow attorney Johana Nieves, said the state has the option to appeal the decision that was rendered by an administrative judge on Thursday. He said Fewless was “relieved” when the decision was announced. And he added that the language in the judge’s ruling makes it pretty clear that the state had no basis to deny Fewless the retirement money that was rightfully his.
“You certainly hope for this kind of favorable outcome,” Andrews said. “Anything that affects somebody’s retirement is a big deal. Chief Fewless is a good man and it was an honor to represent him.”
Fewless was hired in August 2015 to lead the then-embattled Fruitland Park Police Department – allegations of officers connected with the Ku Klux Klan have haunted the law enforcement agency for several years – after a four-month, nationwide search produced 26 applicants. He replaced former chief Terry Isaacs, who resigned after an EEOC complaint that was later withdrawn.
Fewless, a graduate of Liberty University, served as the director of the Central Florida Intelligence Exchange (CFIX), one of more than 70 Homeland Security “fusion centers” located throughout the United States that help coordinate intelligence between local and federal agencies to promote terrorism awareness.
While with the Orange County Sheriff’s Office, Fewless twice headed the agency’s Internal Affairs Division and served as a watch commander and director of the Special Investigations Division.
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 at the end of April and was hired as the operations commander with the Groveland Police Department.
Fewless, who was replaced in Fruitland Park by former Capt. Erik Luce, also was one of 51 applicants for the Wildwood Police chief job that was filled by Randy Parmer, a 31-year employee of the Jacksonville Sheriff’s Office.