January 20, 2011

Court: Fla. cop didn't have to quit police job to run for mayor

A state appeals court rejected an earlier ruling that favored city officials who insisted that Marion Lewis had to resign from the Tampa Police Department to run for mayor in 2007

By Tom Brennan
The Tampa Tribune

TAMPA — Marion Lewis didn't have to resign from the Tampa Police Department to run for mayor in 2007, a state appeal court ruled Friday.

It was the second time judges with the 2nd District Court of Appeal have ruled in the case. In the earlier decision, they sided with city officials who insisted Lewis had to resign his job as a police captain before becoming a candidate.

Lewis cited the pending court case in withdrawing earlier this month from the upcoming mayoral election, saying it was taking away from his ability to focus on the race.

"It has been a ruling that has been a long time coming," Lewis said of the decision. "But I've always had faith we were right."

Now a trial judge must decide whether Lewis is entitled to damages and, if so, how much.

Lewis said he will seek to be reinstated with back pay.

When Lewis challenged incumbent Pam Iorio in the 2007 mayor's race, the city forced him to resign his $100,000-a-year job.

Lewis sued, claiming the decision was unconstitutional.

He said he planned to return to the force if he was rejected by voters.

The trial judge ruled in Lewis' favor, but the appeal court overturned the ruling and sent the case back to Hillsborough County Circuit Court.

The next time the judge sided with the city, saying the mandatory Oath of Candidate form constituted a resignation.

The appeal court rejected that conclusion.

Lewis said he was most pleased for his daughter, Jasmine, who was 12 when he was ousted.

"She saw an injustice and now she gets to see justice will prevail," he said.