Former Fruitland Park Police Chief Michael Fewless and his wife, Laurie, are suing the city for more than $600,000 in connection with an issue that arose in 2018 regarding payments to the Florida Retirement System.
Fewless was hired in August 2015 after a highly distinguished 30-year career with the Orange County Sheriff’s Office. Like many law enforcement officers, he had enrolled in the retirement system’s Deferred Retirement Option Program in 2011, and as such would have been required to wait six months to a year before enrolling in the system again with a different employer.
Fewless, however, believed he was on solid ground when he signed onto the police department just days after retiring from the sheriff’s office because he didn’t enroll in the state retirement system – also known as FRS – opting instead for a different retirement plan offered by the city. His attorney, Ryan J. Andrews, said Fewless even confirmed with a state retirement official on the phone that he was safe in taking the chief’s job.
But that all changed in August 2018 after the state retirement agency alerted Fewless and the city of an issue. They claimed that he hadn’t waited long enough to take the new position and it didn’t matter that he wasn’t enrolled in the state system because the city offers it to its employees.
Fewless said he was blinded-sided when he was asked to repay the retirement fund because the state agency was treating the situation as if he never retired. Overall, Fewless said when his tenure with the city ended, he had taken a hit somewhere in the neighborhood of $542,000.
Fewless, who is now serving as the deputy police chief in Mount Dora, did score a victory of sorts last July when an administrative judge ruled in his favor. But the state retirement agency basically rejected the judge’s ruling and instead offered Fewless a settlement deal where he would begin receiving his retirement pay again and avoid IRS penalties on the money. But the deal came with the caveat that a large chuck would be taken out of his monthly check until the state agency was paid back the money it claims the City of Fruitland Park should have paid into the system during Fewless’ three years of employment.
At that point, Andrews said, Fewless had no choice but to file suit against the city. The complaint filed by Fewless and his wife, who is his beneficiary, claims that city officials have admitted they made a clerical error and that the issue sits “squarely” on their shoulders.
It also cites Fewless’ stellar performance as chief of police and says he would have continued working for the department if not for the city’s “negligence” in providing him incorrect information and failing to alert him that “the City signed an agreement with FRS making all new hires compulsory members of the Florida Retirement system.”
Several Fruitland Park government officials were subpoenaed last year before the suit was filed, including 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.”
In addition, when the city parted ways with Fewless in October 2018 during a contentious commission meeting where he suggested working on a third-party contract until the situation was resolved, a visibly upset Commissioner Rick Ranize told him he’d be glad to serve as a witness on his behalf.
“What we did with the chief tonight is just shameful,” said Ranize, who along with Cheshire had voted to approve the contract to retain Fewless.
On Tuesday, Andrews said they filed the suit for more than $600,000 because in addition to the money Fewless is being forced to pay back to the state, he’s also out a great deal in attorney fees and other expenses.
At last week’s Commission meeting, City Attorney Anita Geraci-Carver said in her report that the city had turned the lawsuit over to its insurance carrier, Brown & Brown, who already had assigned an attorney to handle the case.
