The Times

Wednesday, February 2, 1977, page 4 (of 29)

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Legal oversight causes dismissal of cop's suit

By EDWIN KNIGHT Staff Writer A legal technicality prompted the dismissal of a suit against the City of South Miami by a former police officer. Louis Terminello, fired by the city in June, 1976, said his suit was dismissed in federal court through an oversight. "Judge C. Clyde Atkins gave us 30 days to refile the suit," he said. In the confusion of the American Civil Liberties Union entering the suit as co-counsel, the attorneys for the ACLU and Terminello's attorney, Richard Bonehill, thought the other was going to answer the city's dismissal motion, which neither did. "The dismissal was not on the substance of the case," Terminello said. "Judge Atkins dismissed the suit without prejudice and we will refile within 30 days." Terminello brought the suit in October, 1976, after being fired during his probationary period. Terminello was hired in February, 1976. The suit against the city, city manager and police chief, alleges that Terminello's attendance and participation at three City of South Miami council meetings, and his continued participation in the question of collective bargaining for police officers are the underlying reasons for the termination. The suit further alleges that the firing by Police Chief Chief Sal Vizzini and approved by City Manager Jack Present was prejudicial, without cause, and not related to his performance as a police officer. The suit charges that there was no written notice of the charges supporting the firing, no evidence supporting the charges, no appeal to confront and cross-examine witnesses, no right to the use of counsel, no right to subpoena witnesses and no neutral and detached decision-maker. The city, in defense, contends that Terminello was hired for a special assignment pending the outcome of a background investigation. When the investigation was completed, it disclosed derogatory information substantial enough to support the dismissal. The city adds that Terminello was advised prior to his employment that a complete investigation showing no derogatory information was needed to continue employment. The unfavorable background information, the suit points out, was circulated to other police departments, which has resulted in Terminello not being able 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 at the Southeast Florida Institute of Criminal Justice.

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