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Richard Weldon saw the social networking trend early.
Naples Interim City Manager Chet Hunt on Monday upheld the decision of police and emergency services Chief Victor Morales to
fire a former battalion chief who officials say left an anonymous letter in front of Morales’ door wrongly accusing two police officers
of cheating on a promotional exam.
But Brad Rothman, a lawyer representing former Battalion Chief Donald DeTeso, said he still believes DeTeso acted appropriately
and had the right to leave the anonymous letter. He and DeTeso plan to pursue the case in civil court.
“We just believe a judge would see this very differently,” Rothman said. “Clearly we feel Mr. DeTeso’s rights were violated.”
In his decision, Hunt wrote that DeTeso failed to provide evidence that the department’s investigation was improper or that the
department violated DeTeso’s rights or due process. Hunt oversaw a grievance hearing regarding the case on Dec. 20.
“They presented the facts and the facts were very clear that the original decision was valid,” Hunt said. “There was nothing that I
could logically base a reversal to the original decision on.”
DeTeso was fired in November after admitting he authored a letter in which he claimed to have overheard two police officers
possibly cheating on a promotional exam while he was in a bathroom stall. On Sept. 25, DeTeso left the anonymous letter in front of
Morales’ door, where it was discovered by department officials.
When questioned about the letter later that day, DeTeso initially denied any knowledge of it, records indicate.
Investigators then showed DeTeso surveillance footage of him standing in front of Morales’ door with the letter. In subsequent
interviews, DeTeso admitted to writing the letter.
DeTeso said he left the anonymous letter because he didn’t understand the differences between police and fire procedures, didn’t
want to get involved in police matters, and feared retaliation for reporting cheating. An investigation into DeTeso’s claims showed
that the two officers in question weren’t even in the station at the time he reported overhearing them cheat.
DeTeso was fired after police say he violated 14 department policies, including policies about operating under a chain of command
and the intentional falsification or misrepresentation of records.
“There was dishonesty involved,” said Jon Fishbane, an attorney representing the city. “The fact that these two men couldn’t have
been on site was ample evidence that he was being untruthful.”
However, Rothman said DeTeso stands behind the allegations.
The city is using sign-in, sign-out sheets to determine where the officers in question were at the time, Rothman said. He said those
sheets may not accurately show where the officers were.
“Unless he can show otherwise, I think it speaks for itself,” Fishbane said. “And he didn’t show otherwise.”
Rothman said DeTeso had every right to report the alleged cheating anonymously, citing a department policy that allows members
to make complaints in writing, orally, by telephone, or by correspondence, signed or anonymous.
“I don’t know why that would not apply to Mr. DeTeso,” Rothman said. “They’ve never really addressed that policy any time during
the proceeding.”
As a battalion chief, one step below chief, DeTeso had an obligation to immediately bring his concerns to either Morales or Fire
Chief Jim McEvoy, Hunt argued.
Rothman argues that the department’s interviews with DeTeso were interrogations in violation of the Firefighter’s Bill of Rights. He
also argues that the initial charges DeTeso was presented with were chain of command issues, and that DeTeso was actually fired
for charges that he hadn’t been made aware of.
“At the conclusion of this whole thing, it’s ‘You’re fired for falsifying records,’” Rothman said. “We weren’t given any advance notice
of them, and we weren’t given any opportunity to respond to them.”
Rothman denied that DeTeso was targeting the two officers because of a personal grudge, and said he questions why the
department was more interested in who wrote the letter than in the charges of cheating in the letter.
“This anonymous letter was left reporting cheating. My guy was suspended immediately. I don’t think these guys were ever
suspended,” Rothman said. “That’s part of the mystery to me on this.”
When reached on his cell phone, Hunt would not discuss why he believes DeTeso would make false claims about the two officers.
“I cannot go into those kinds of details,” Hunt said. “I can tell you I feel very, very confident upholding the chief’s decision. I have no
doubts whatsoever.”