Fraternal Order Lodge #20 v. City of Miami

Fraternal Order of Police Lodge #20 (Adrian Rodriguez), Appellant, v. City of Miami, Appellee.

No. 3D18-1956

Third District Court of Appeal State of Florida

June 5, 2019

Not final until disposition of timely filed motion for rehearing.

Lower Tribunal Nos. 17-21168 & 17-21169

An Appeal from the Circuit Court for Miami-Dade County, Bronwyn C. Miller, Judge.

Buschel Gibbons, P.A., and Robert C. Buschel and Eugene G. Gibbons (Fort Lauderdale), for appellant.

Victoria Méndez, City Attorney, and Kerri L. McNulty, Senior Appellate Counsel, for appellee.

Before LOGUE, SCALES and HENDON, JJ.

HENDON, J.

Adrian Rodriguez, through the Fraternal Order of Police Lodge #20, appeals from the trial court's denial of his motion for an order to show cause based on the alleged contempt of the City of Miami's Chief of Police and the City of Miami Manager in the execution of an Arbitration Order to reinstate Rodriguez as a City of Miami police officer. We affirm.

Adrian Rodriguez ("Rodriguez") was sworn in as a City of Miami ("City") police officer in 2007. In 2012, the City's homicide unit received a tip that Rodriguez's brother and father may have been involved in a homicide in 2007. In 2013, based on the results of an Internal Affairs investigation, Rodriguez was relieved of duty with pay. While on relieved-duty status, Rodriguez was observed violating the terms of his relieved-duty status. In 2016, Rodriguez was issued a reprimand based on those violations, and he was ultimately terminated.

Rodriguez filed a complaint pursuant to the Collective Bargaining Agreement ("CBA") and the case went to arbitration. The arbitrator concluded that Rodriguez was improperly terminated for invoking his Fifth Amendment privilege during police questioning about the 2007 homicide. The arbitrator also found that although Rodriguez violated the terms of his relieved-duty status, those violations did not warrant termination. The arbitrator ordered Rodriguez to be reinstated as a police officer with no loss of service credit for purposes of benefits determination;however, he was to receive no compensation for the period during which he was not on duty.¹

In August 2018, Rodriguez was reinstated as a police officer in the City's personnel system. The Florida Department of Law Enforcement's ("FDLE") rules govern law enforcement officers' certification and/or reinstatement, thus, the City consulted FDLE regarding any requirements necessary for Rodriguez's reinstatement into active duty. The FDLE indicated that because the Arbitration Order did not state that Rodriguez's employment was to be made whole, he would be considered to have had a "break in service." Since Rodriguez had been separated from employment for over two years, his FDLE certification had lapsed. The City thus instructed him to report for a required medical screening and drug test before he could be returned to active duty, pursuant to FDLE rules. Rodriguez refused to authorize release of medical records, and the required medical exam and drug screening did not take place. The City issued a reprimand, and Rodriguez was ultimately terminated from employment based on his refusal to comply with the required toxicology screening.

Rodriguez, through the Fraternal Order of Police, filed a motion to find the City in civil contempt for failing to comply with the Arbitration Order directing himto be reinstated. Following an evidentiary hearing, the trial court denied the motion for contempt, concluding that the City had reinstated Rodriguez and fulfilled its obligation under the Arbitration Order, and finding that under FDLE rules, Rodriguez had experienced a break in service. Further, the court determined that Rodriguez's refusal to undergo the required medical exam and drug screening for reinstatement was a separate issue from the Arbitration Order, and that Rodriguez could pursue relief via the CBA grievance procedure rather than through a motion for civil contempt. The trial...