Former Broward County Sheriff Scott Israel has formally requested a Florida Senate-appointed special master to recommend that he be restored to his former job as Broward’s top law enforcement officer.

Israel entered his proposed recommendation to Senate Special Master Dudley Goodlette on Wednesday.

The ousted sheriff’s filing follows a two-day June hearing aimed at determining whether the Florida Senate ought to reinstate Israel as Broward County sheriff, or uphold his suspension after Florida Gov. Ron DeSantis used an executive order to forcibly remove Israel from his post in January.

The executive order contended that Israel and the Broward Sheriff’s Office repeatedly demonstrated incompetence and neglect of duty in the field. In justifying Israel’s dismissal, DeSantis referred to the law enforcement office’s widely criticized responses to the Feb. 14,  2018, mass shooting at Marjory Stoneman Douglas High School in Pinecrest and the attack at Fort Lauderdale-Hollywood International Airport one year earlier.

Israel had requested a formal review by the Florida Senate on the merits of DeSantis’ suspension shortly after the executive order was issued. He also pursued legal action against DeSantis, alleging the governor had discharged him for political reasons and had abused the gubernatorial suspension authority granted under the Florida Constitution.

The petition for writ of quo warranto filed with the Broward Circuit Court in March argued “the governor may only suspend an elected official for acts or omissions that objectively — not subjectively or politically — demonstrate the official committed malfeasance, misfeasance, neglect of duty, drunkenness, incompetence or demonstrated permanent inability to perform official duties, or commission of a felony.”

Following successive adverse rulings against Israel and subsequent appeals, the Florida Supreme Court entered the final word on the sheriff’s charges in April. The high court ruled DeSantis’ order comported with the Florida Constitution’s standards for suspending public officials.

Read Israel’s recommendation order:

With the legal proceedings concluded, Israel opted to move forward with pleading his case for reinstatement before the Florida Senate.

Kuehne Davis Law partner Benedict “Ben” Kuehne served as Israel’s legal counsel in the lawsuit against DeSantis as well as the hearings in the state Senate. Kuehne characterized his client’s forced removal from office as a ploy by DeSantis to undermine an ideological opponent.

“This is just a political power play to remove a Democrat who opposed NRA positions,” the Miami attorney said. “The governor is not justified in doing something for political reasons; that’s why we have elections.”

Kuehne’s argument before the Florida Senate maintained DeSantis failed to provide a preponderance of evidence that demonstrated that Israel had neglected his responsibilities or proved so incompetent as to justify suspension. Tuesday’s recommendation cited a report which held the former Broward sheriff’s tenure demonstrated “a dramatic reduction in crimes” and increased community outreach. The filing also noted the findings of the Florida Department of Law Enforcement report which led to arrest of former Marjory Stoneman Douglas resource officer Scot Peterson, contending Israel provided adequate active shooter training to BSO employees and could not be held liable for Peterson’s conduct during the assault on the Parkland school.

“Even if the allegations do weigh in on neglect and incompetence, the evidence was overwhelmingly in favor of Sheriff Israel,” Kuehne said, adding his client “not only met all standards, protocols and procedures,” but those were often exceeded by the officers under his command.

Benedict "Ben" Kuehne, with Kuehne Davis Law. Courtesy photo Benedict “Ben” Kuehne, with Kuehne Davis Law. Courtesy photo

“He did his best and the BSO did their best to protect the people of the county, and that is what [is] expected of [an] elected sheriff,” Kuehne said.

The attorney noted before DeSantis’ order, Israel had been re-elected and had intended to run once again in November 2020. Kuehne said even with the numerous legal and political setbacks his client has faced in the court of public opinion, Israel remains committed to fulfilling his obligations as sheriff.

“The sheriff owes a solemn responsibility to the people who overwhelming elected him,” Kuehne said. ”He will not abandon the public’s decision. That was not a decision weighed in by the governor and it should not be a decision for the governor to decide who is elected sheriff.”

Requests for comment from the governor’s office were not returned by press time.

Goodlette will submit a recommendation to the state Senate on whether to reinstate Israel to his position after reviewing the recommendation filings by the former sheriff and DeSantis’ general counsel. Israel has previously stated he will seek reelection in 2020, regardless of the Senate’s ultimate decision.

Kuehne said DeSantis’ suspension order only served to politicize the gun-related tragedies in Broward County.

“The governor’s effort to politicize the work of law enforcement in connection with its handling and responsibility to mass tragedies is itself a tragedy,” he said. “The sheriff is making his best efforts to make clear that law enforcement decisions designed to protect the public are complicated and should not become a political football.”

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