After the last Hervis ruling, the city got its a$$ handed to them again. The judge blasted Utset's memo in the final judgement. Even the Deputy had to step back and distance himself from this poison.

"Executive Assistant Utset drafted a memorandum in response to Lt. Hervis's memorandum requesting a meeting with Chief Timoney. In the memorandum, Utset specifically mentioned Lt. Hervis' condition:

Observing the fact that Lt. Hervis appears to have a significant medical condition, I cautioned him on the span of control in patrol.... While I don't know what Lt. Hervis' medical condition is, from a management standpoint, and understanding the scope of work Deputy NET Commanders perform on the street, I was concerned that the lieutenant might have difficulty performing tasks, and that the additional stress might be counter productive to the lieutenant's medical condition.

...Deputy Chief Fernandez apologized for Utset;s representations and assured Lt. Hervis that no such policy existed.

...Based on this evidence, we find the City of Miami did discriminate against Lt. Hervis because of his disability."



What an embarrassment. Another example of the Deputy surrounding himself with "yes" men and woman. This action will cost the city a lot of money. I think it should come out of tony's check.

He can work off duties to pay for it, come November, when he is a midnight Sergeant in patrol.