05-19-2009, 11:50 AM
Two former Lee County Sheriff’s deputies are disputing the facts behind their departures from the agency.
Both are preparing to appeal their cases, although only one is guaranteed a full hearing in which he can question witnesses and present exhibits.
Dominick Ferrante, a former captain of the Special Investigations Division, and Lee Bushong, his former intelligence commander, both recently submitted documents to the Lee County Sheriff’s Office Civil Service Board in which they claim they were unfairly terminated.
Ferrante resigned in March, following allegations he threatened another captain and then lied about it. Bushong, a lieutenant, was terminated in April after a pair of internal investigations found he sent a profane e-mail to subordinates and was then abusive to the deputy who complained about it.
In the documents, submitted to the board, Ferrante argues he was forced to resign; Bushong states he was disciplined outside agency policy.
The Civil Service Board is a five-person panel through which deputies appeal suspensions or terminations. Deputies have 15-days after their hearings in which they can file an appeal. During the hearings, they can call witnesses and present exhibits. Few disciplines are overturned.
Because Ferrante was not terminated or suspended and because he is appealing outside the 15-day window, a full hearing remains up in the air. The board will hold a preliminary hearing on May 26 to decide whether Ferrante is still owed an appeal.
In a May 7 letter to board secretary Robert Shearman, Ferrante points to the case of Detective Ryan Bell earlier this year. Bell disputed his transfer, which was presented as discipline, 75 days after the fact and was still granted an appeal.
Sheriff’s Office attorney Barry Hillmyer wrote in a response that Ferrante’s resignation made him ineligible for appeal.
“Bell attempted to and did resolve his issues with the Sheriff’s Office, he did not resign, thus maintaining his right of appellate review,” he wrote.
Ferrante said his resignation wasn’t his own decision.
“These are not the facts,” Ferrante wrote. “I was forced to resign under threat of termination thus causing duress.”
Ferrante is alleged to have threatened retaliation against a captain who intercepted and stalled a gun purchase meant for Ferrante’s unit. Scott said Ferrante later failed a polygraph when questioned about the alleged threat.
Ferrante wrote that he expects to call eight to 10 witnesses and provide other evidence to show Scott violated the state’s Police Bill of Rights.
Bushong, in documents submitted to the board, names 39 witnesses he intends to call for the June 2 Civil Service hearing, including Scott, Ferrante, former Chief Deputy Charles Ferrante and Bell. He lists 32 exhibits, including commendations he received and derogatory e-mails sent by other deputies.
Bushong’s defense is that he sent the e-mail — which was profane and singled out a deputy — to his sergeants, but that it ended up going to others, including the named deputy. He said that other officers have sent profane e-mails without being punished and that he had already been scolded by his superior, Dominick Ferrante.
“Countless examples of e-mails between Sheriff members at all levels abound throughout the years containing this language and much worse, and there has not been one grievance for any such e-mails,” Bushong’s attorney, Stu Pepper, wrote in a summary of evidence.
Bushong’s and Dominick Ferrante’s departures came at the outset of a greater agency reshuffling, which saw Charles Ferrante investigated and other officers demoted or transferred.
Both are preparing to appeal their cases, although only one is guaranteed a full hearing in which he can question witnesses and present exhibits.
Dominick Ferrante, a former captain of the Special Investigations Division, and Lee Bushong, his former intelligence commander, both recently submitted documents to the Lee County Sheriff’s Office Civil Service Board in which they claim they were unfairly terminated.
Ferrante resigned in March, following allegations he threatened another captain and then lied about it. Bushong, a lieutenant, was terminated in April after a pair of internal investigations found he sent a profane e-mail to subordinates and was then abusive to the deputy who complained about it.
In the documents, submitted to the board, Ferrante argues he was forced to resign; Bushong states he was disciplined outside agency policy.
The Civil Service Board is a five-person panel through which deputies appeal suspensions or terminations. Deputies have 15-days after their hearings in which they can file an appeal. During the hearings, they can call witnesses and present exhibits. Few disciplines are overturned.
Because Ferrante was not terminated or suspended and because he is appealing outside the 15-day window, a full hearing remains up in the air. The board will hold a preliminary hearing on May 26 to decide whether Ferrante is still owed an appeal.
In a May 7 letter to board secretary Robert Shearman, Ferrante points to the case of Detective Ryan Bell earlier this year. Bell disputed his transfer, which was presented as discipline, 75 days after the fact and was still granted an appeal.
Sheriff’s Office attorney Barry Hillmyer wrote in a response that Ferrante’s resignation made him ineligible for appeal.
“Bell attempted to and did resolve his issues with the Sheriff’s Office, he did not resign, thus maintaining his right of appellate review,” he wrote.
Ferrante said his resignation wasn’t his own decision.
“These are not the facts,” Ferrante wrote. “I was forced to resign under threat of termination thus causing duress.”
Ferrante is alleged to have threatened retaliation against a captain who intercepted and stalled a gun purchase meant for Ferrante’s unit. Scott said Ferrante later failed a polygraph when questioned about the alleged threat.
Ferrante wrote that he expects to call eight to 10 witnesses and provide other evidence to show Scott violated the state’s Police Bill of Rights.
Bushong, in documents submitted to the board, names 39 witnesses he intends to call for the June 2 Civil Service hearing, including Scott, Ferrante, former Chief Deputy Charles Ferrante and Bell. He lists 32 exhibits, including commendations he received and derogatory e-mails sent by other deputies.
Bushong’s defense is that he sent the e-mail — which was profane and singled out a deputy — to his sergeants, but that it ended up going to others, including the named deputy. He said that other officers have sent profane e-mails without being punished and that he had already been scolded by his superior, Dominick Ferrante.
“Countless examples of e-mails between Sheriff members at all levels abound throughout the years containing this language and much worse, and there has not been one grievance for any such e-mails,” Bushong’s attorney, Stu Pepper, wrote in a summary of evidence.
Bushong’s and Dominick Ferrante’s departures came at the outset of a greater agency reshuffling, which saw Charles Ferrante investigated and other officers demoted or transferred.