Broward Sheriff Gregory Tony, who faces multiple ethics charges that could ultimately lead to a recommendation that he be suspended as the county’s top cop, now has a judge assigned to his case.
Tony’s case was assigned Monday before Judge June C. McKinney, according to the state’s Division of Administrative Hearings website. No date has been set.
In September, the Florida Commission on Ethics said it has found probable cause to pursue a case into Tony’s lies and omissions on forms that led him to his first cop job in Coral Springs, and ultimately rise to sheriff.
The end result could potentially be a recommendation that Florida Gov. Ron DeSantis suspend him.
Among the key issues: Tony never disclosed on official forms that he had shot and killed an 18-year-old man when he was a teenager living in a neighborhood in Philadelphia. He was acquitted in the case, which he called an instance of self-defense.
An advocate for the Florida Commission on Ethics had recommended that the Ethics Commission find no probable cause, previously arguing in an August memo that there was “insufficient evidence” to pursue an ethics case against Tony.
The advocate, Melody Hadley, also argued that Tony properly answered the question about whether he had “a criminal record sealed or expunged” on paperwork because he had not taken “an affirmative action to seal or expunge the record of his arrest for murder. Thus, the action necessary for a violation is not present.”
Neither of Tony’s lawyers, Louis J. Baptiste and Stephen Webster, could be reached for comment Wednesday. In September, Baptiste said Tony “looks forward to a swift finding of innocence.”
At September’s ethics meeting, one ethics commission member argued if the commission didn’t take action, it would set a precedent for others to lie in applications to “do whatever you gotta do to get the position.” Another member called his behavior “despicable.“
Then in December, the state ethics panel agreed again that further review is warranted to look into accusations he gave false information on official forms.
Although the issues considered were the same, the September decision came after a referral from the Florida Department of Law Enforcement. A second hearing, in December, was the result of a 15-page complaint filed by a citizen, who is a retired Fort Lauderdale police sergeant and former sheriff’s captain who had resigned in 2020 after Tony’s election.
Tony was given two options: He could go to a full evidentiary hearing before a judge with the Florida Division of Administrative Hearings. Or he could immediately enter into a stipulated agreement. Either way, the findings come back to the Commission on Ethics for its approval.
On Friday, the ethics commission referred the case for the hearing, which will now happen unless there’s a settlement agreed upon.
The South Florida Sun Sentinel detailed the sheriff’s lies and omissions on forms in a news article in 2021. According to ethics commission’s documents, he provided false information, or did not disclose information:
During the hiring process for his employment with the Coral Springs Police Department when he didn’t disclose his traffic citation history, his drug use history, his arrest history, and whether he had previously applied for a law enforcement position. Police records showed that Tony was rejected for a police job in Tallahassee in 2004 after acknowledging he used LSD one time and that he concealed the drug use after that, going on to secure his first job as an officer in Coral Springs.
When he provided false information or did not disclose information to the governor during the appointment process to become Broward sheriff, including his arrest history and drug use history.
When completing a notarized form to FDLE while serving as Broward County sheriff, where he must disclose any arrests and he falsely indicated he had never had a criminal record sealed or expunged.
When applying to renew his driver’s license while serving as a law enforcement officer in October 2005, August 2007, December 2013, and February 2019, and falsely indicated in these applications that his driving privileges had never been revoked, suspended, or denied in any state.
According to the judge’s order filed Monday, the attorneys have been asked where they prefer the upcoming hearing to be held: likely options could include Fort Lauderdale, Tallahassee or Zoom. The lawyers also were asked their availability to set a date.
Lisa J. Huriash can be reached at . Follow on Twitter @LisaHuriash