The Times

Terminello charges violation of rights

From Page 16 for the termination. The city maintains that Terminello was hired for a special assignment pending the completion of a background investigation. When the investigation was completed, it disclosed derogatory information substantial enough to terminate him. City officials said Terminello was advised prior to employment that a complete investigation showing no derogatory information was needed to continue employment. Terminello's suit states that derogatory information, which was found as a result of the investigation, was circulated to other police departments, which has resulted in Terminello being unable to find police work with other cities. It was not disclosed what the derogatory information was, although Terminello had served for eight months with Dade County's Public Safety Department after completing a six-month course to become a certified officer at the Southeast Florida Institute of Criminal Justice. The South Miami City Council was informed of the suit at the council's Tuesday night, Oct. 19, meeting by City Attorney Edward Moore, who added that he would defend the city. The suit alleges that the firing by Police Chief Sal Vizzini and approved by City Manager Jack Present was prejudicial, without cause and not related to his performance as a police officer. In addition, according to the city's personnel rules, officers who are terminated during the six-month probationary period are not granted an appeal before the city's personnel board, which Terminello believes, is discriminatory. The suit further charges that there was no written notice of the charges supporting the firing, no evidence supporting the charges, no appeal to confront the cross examine witnesses, no right to the use of counsel, no right to subpoena witnesses and no neutral and detached decision maker. Terminello is asking the federal court for reinstatement, full rights to appeal the firing, back pay amounting to some $6,000, $10,000 in compensatory damages and $250,000 in punitive damages for the circulation of the information about the derogatory information resulting from the background investigation. The suit was filed by Attorney Richard Bonehill, who is representing another terminated officer, Felix(Tony) Lacks, in an appeal before the personnel board. A hearing before the board has been continued until the attorney can get a ruling from the federal court on the legality of the city manager, who approved of the firing, having the final say-so in accepting the personnel board's recommendation on whether a person is reinstated.

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