Ex-Broward Sheriff Scott Israel's Reinstatement Recommended by Special Master
In a report shared Wednesday, Senate Special Master Dudley Goodlette said Florida Gov. Ron DeSantis "has not proven the specific charges" used to justify the ouster of Israel.
September 25, 2019 at 03:18 PM
5 minute read
A special master appointed by the Florida Senate has recommended that ex-Broward County Sheriff Scott Israel be reinstated to his former position.
Florida Senate president Bill Galvano shared the report and recommendation authored by Florida Senate Special Master Dudley Goodlette concerning Israel's ouster Wednesday. Goodlette, a land and zoning attorney and former member of the Florida House of Representatives, submitted his findings Tuesday and concluded Florida Gov. Ron DeSantis failed to prove the charges outlined against Israel in Executive Order 19-14, the suspension order levied against the law enforcement officer in January.
DeSantis' gubernatorial decree justified Israel's firing by citing the responses of the Broward Sheriff's Office to the Feb. 14, 2018, attack on Marjory Stoneman Douglas High School by Nikolas Cruz, and the mass shooting at Fort Lauderdale-Hollywood International Airport on Jan. 6, 2017.
"In broad strokes, the governor claims that Sheriff Israel's failed leadership resulted in multiple deaths from two mass shooting incidents," Goodlette said, citing DeSantis' allegations of negligence and incompetence against Israel.
Although he asserted Israel and the BSO "are not blameless" for mistakes made in the handling of the respective shootings, Goodlette said the governor did not substantiate his accusations against the ousted law enforcement officer.
"While the governor has offered a plethora of criticism, he has not shown that Sheriff Israel's policies, procedures, or trainings on active-shooter situations were inconsistent with Florida law-enforcement standards," Goodlette said, adding he interpreted the Parkland shooting as a tragic "culmination of individual failures."
Goodlette noted DeSantis' case against Israel was constructed "almost entirely" from the conclusions of the Marjory Stoneman Douglas Public Safety Commission report.
"Yet the committee chairman, Sheriff Bob Gualtieri from Pinellas County, has stated publicly that nothing in the report was meant to constitute grounds for Sheriff Israel's removal," the special master said. "I agree with his assessment—the report, in and of itself, is simply not enough."
Despite his conclusion, Goodlette advised the senate not to award attorney fees and costs to Israel.
"Despite Sheriff Israel's suggestion otherwise, this was not a situation of executive overreach," the report said. "There was certainly evidence to support a prima facie case that he neglected the duties of his office. In my view this weighs against making taxpayers shoulder the burden of Sheriff Israel's defense."
According to a memo authored by state Sen. Lizbeth Benacquisto, the chair of the state senate's rules committee, Galvano has convened a special senate session from Oct. 21 to Oct. 25 to consider Goodlette's report and make a final decision on whether or not to restore Israel to public office.
Israel expressed satisfaction with the special master report in a statement shared by his attorney, The Law Offices of Benedict P. Kuehne partner Benedict "Ben" Kuehne.
Read the report and recommendation:
"The Rule of Law has prevailed," Israel said. "I humbly ask the Florida Senate to approve my reinstatement, so I can continue to serve all Broward County as the people's elected sheriff."
Kuehne noted Goodlette's "excellent reputation," and made mention of the special master's involvement with the Florida Bar Board of Governors. The attorney called Goodlette's report "a resounding indication that the governor got it wrong."
"We ask the governor and the Florida Senate to see that Sheriff Israel can in fact protect the public, as he was elected to do," Kuehne said, adding he's optimistic about his client's chance of reinstatement.
"With the strong recommendation I intend to work to persuade the senate that its solemn duty is to restore Sheriff Israel to office," he said. "[Israel] is entirely willing to sit down with the governor, if the governor allows it, to talk about his approach to protecting the community, and how he can work with the governor, the legislature and all of the state of Florida to protect the public."
In a statement released Wednesday, DeSantis took issue with Goodlette's recommendation .
"The victims with families impacted by the massacre at Marjory Stoneman Douglas High School deserve justice and accountability," the governor's statement said. "I disagree with the analysis contained in the non-binding recommendation. The senators will render their own independent judgement on Scott Israel. Floridians were appalled by Scott Israel's repeated failures, and expect their senators will provide the accountability that the Parkland families have sought for the past year."
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