SSO settles Sunshine lawsuit

Sheriff's Office settles Sunshine Law suit

Todd Ruger
Published Tuesday, June 24, 2008 at 3:35 p.m.

SARASOTA COUNTY — The sheriff’s office will undergo training on Florida’s open government laws to settle a lawsuit that alleged the sheriff did not give enough public notice of the disciplinary hearings of deputies.

A settlement agreement filed Tuesday also requires the sheriff’s office to amend its internal rules and pay $15,613 in attorney fees for Scott Eliason, a Sarasota man who accused the Sheriff's Office of breaking the Sunshine Law.

Eliason’s lawsuit said the Civil Service Board, a five-member committee that considers the appeals of deputies who feel they have been unfairly disciplined, never issued a public notice about an April 11 hearing for Sgt. Dan Tutko.

The sheriff’s office also agreed to send Sgt. John Walsh, a board member, to training on the state and federal criminal information system.

In exchange, Eliason agreed to dismiss his lawsuit.

The sheriff’s office declined to comment on the settlement, signed Tuesday by its attorney, Kurt Hoffman.

Internal affairs investigators found that Tutko illegally searched a woman’s home, and department officials recommended that he be demoted.

But Tutko appealed that ruling at a hearing before the Civil Service Board, which rejected Tutko’s demotion and gave him a paid suspension instead.

Florida’s broad open government laws require that agencies advertise such hearings. For instance, school boards and city governments will run newspaper advertisements about upcoming decisions or meetings.

Also, agencies list important dates in a public place, such as the lobby of a government building.

It is unclear whether the settlement will affect the disciplinary hearing of Tutko.

It is unclear whether the settlement will affect the disciplinary hearing of Tutko.

Does anyone know???

No it wont affect the boards decision or outcome! To all those who made posts stating that they would have to re-do the board, YOU WERE WRONG. Leave it be for crying out loud. This is old news and Im glad for them its done. Those guys didnt ask to be picked but they did and they did the best job they knew how. ML, JW, and SB are good eggs. Now lets get back to police work.

Amen, I agree can we get back to police work? Everyone and their brother knew there was a board convened for Tutko whats the big secret they found?

[News Flash]

Follow-up story:

The board's decision on Tutko's disciplinary action will stay the same.

Click here for the full story.

While everyone in the Department may have known about the Tutko Board, that doesn't mean the public knew. I hope you know how to read statutes by now. The relevant one says "all meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision" shall be open to the public and advance notice given. The key words there are "all meetings of any board" and law enforcement agencies are not exempt. Obviously we weren't in compliance or they wouldn't have paid out $15,000 and agreed to amend the G.O. and do training.