BY IRIS B. HOLTON
Sentinel City Editor

The legal battle between a former Tampa Police Captain and the City of Tampa is headed to the Florida Supreme Court. Last week, Marion Lewis learned from his attorney that attorneys representing the City of Tampa planned to file an appeal and their first brief in the case.

When contacted by the Sentinel, Attorney Jerry M. Gewirtz, lead attorney in the case stated, “We mailed to the Florida Supreme Court on Friday a jurisdictional brief. It will become official on Monday. The other side has 20 days to respond, and the Florida Supreme Court will determine to accept jurisdiction in the case.”

The City is arguing three points in the brief.

Last month, a panel of Appellant Court judges issued a ruling in favor of Lewis, who expressed a desire to return to duty. Of the most recent development, Lewis said, “We will let justice run its course. I still have confidence and faith that justice will prevail.”

In 2007, Marion Lewis qualified to run for the office of Mayor of the City of Tampa, challenging then incumbent Mayor Pam Iorio. Lewis was informed by city officials that he would have to resign his position as Captain with the Tampa Police Department if he planned to seek the office.

He refused, stating that he had already clarified, via the Tallahassee Office of Elections that the “Resign to Run” rule did not apply to him. Lewis said he was forced into retirement by the city and filed a lawsuit.

The rule in question states that an employee cannot challenge his or her supervisor in an election.

In January 2011, after more than 4 years in the courts, the Second District Court of Appeals released a unanimous opinion in the case of Marion Lewis v. City of Tampa.

The City of Tampa filed several motions urging the court to rehear the case.

The case can be resolved through a settlement between the two sides. Or, Mayor Buckhorn can authorize City Attorney Jim Shimberg to settle it.

Attorney Shimberg can only authorize up to $25,000. The City Council must approve anything above that.[private]

A local court ruled in his favor, but the City won a decision in an appeal. The case then went before the Florida Appellate Court, who has ruled in Lewis’ favor in January 2011 and again in June 2011.

Shortly after the ruling was released, Lewis said the City offered his attorney “a token agreement, which we turned down.”

Mayor Bob Buckhorn appeared on the Jetie B. Wilds Radio Show, which airs on WTMP AM Radio Station on Sundays. During the show, Mayor Buckhorn accepted questions from the public on June 26th.

City Councilman Frank Reddick called in and advised Mayor Buckhorn that Council members had been advised by the attorneys not to discuss the case.

“He (Mayor Buckhorn) didn’t agree with the voluntary gage order, but said he couldn’t make a comment on anything that is pending in the courts,” Reddick said.

On Thursday, during the regular City Council meeting, the City must provide Councilman Frank Reddick with a status report on the case, as well as the cost of defending the case to date. Councilman Reddick requested the information shortly after learning of the ruling.

Lewis stated that the Florida Supreme Court has the option of deciding if it will hear the case or not. His attorney has until the end of the month to file his brief in the case.

Lewis stated that if he is successful in the lawsuit, he plans to return to the department as a Police Captain and wants to “be made whole.”[/private]