Tampa pauses police chief rehire plan following city council concerns

TAMPA — City officials pumped the brakes late Wednesday on a deal that would have allowed Tampa’s police chief to cash in on his pension while continuing to collect one of the largest paychecks in city government, withdrawing the proposal about 12 hours before it was set to go before the City Council.

Chief Lee Bercaw is set to retire in September. Under the proposed agreement, recommended by Mayor Jane Castor, the city would have then immediately hired him as a contractor with a $241,000 yearly salary to continue running the force of about 1,000 sworn officers.

“In order to ensure that you and members of the public have had adequate time to have your concerns addressed, this item is being withdrawn from the agenda and will be revisited at a later date,” City Attorney Andrea Zelman wrote to members of the City Council Wednesday at 8:29 p.m. in an email reviewed by the Tampa Bay Times.

The email came a day after the Times detailed how the maneuver would have allowed him to access an annual pension payment worth at least $96,000 alongside a double-digit pay raise.

The item had appeared on the council’s consent agenda, which is intended for decisions that are not considered controversial, for their regularly scheduled Thursday meeting.

In her email to the City Council, Zelman noted how some council members had “asked for additional time to review this item and to have questions answered.”

Bercaw, a 28-year veteran with the force and Pasco County resident, would receive benefits such as annual leave, health insurance and sick pay under the proposal. He would also be entitled to pay bumps associated with annual performance reviews and for cost-of living increases applicable to other city management employees.

In a statement to the Times earlier this week, Castor said she stands “firmly in support” of Bercaw remaining in his role as his retirement date approaches to “maintain the department’s strong momentum and stability.”

Castor herself is a former Tampa police chief who has known Bercaw for decades.

At Thursday morning’s council meeting, Council member Bill Carlson said the proposal process had been “badly conceived” by Castor’s administration, with elected officials and the public not receiving sufficient notice.

“They blindsided us,” he said.

“The police chief and the hardworking men and women of the police department deserve better,” he added.

Council member Charlie Miranda echoed the importance of the issue. “This is not just a rookie cop that wants to come up,” he said. “This is the head of the Tampa Police Department, one of the finest police departments in the country,” and the public deserves to have all the information presented to them, he said.

Bercaw became interim chief in December 2022 following the departure of Mary O’Connor, who resigned at the mayor’s request after just 10 months on the job.

An internal investigation found O’Connor violated department policies by flashing her badge during a traffic stop while riding in a golf cart in Pinellas, asking a deputy to let her and her husband go. The incident made national headlines.

The Tampa City Council unanimously voted to make Bercaw the permanent chief last June, praising him for bringing stability to the department and garnering support from the community and rank-and-file officers alike. The city had seen four chiefs in three years, and opted for Bercaw instead of conducting a national search.

He currently earns $204,672, according to the city’s human resources department.

Under the proposal supported by the mayor, his salary as a contractor would jump another $36,328 — more than a 17% raise. The city would not keep contributing to his pension, according to the proposal.

When they selected Bercaw as chief, both city staff and the City Council knew that Bercaw was enrolled in the Deferred Retirement Option Program. Commonly known as DROP, the program allows employees to divert pension payments before they retire toward a lump-sum payment they get when they leave.

When Bercaw enrolled in 2019, he picked his retirement date as Sept. 22, 2024, records show. The proposed three-year agreement was slated to begin the day after. Thereafter, unless terminated, the agreement would automatically renew for successive terms of one year for a maximum of four additional years.

Bercaw started with the department as a reserve officer in 1996 and went on to work in all three of the department’s patrol districts. He has a doctorate in criminal justice from Saint Leo University and a master’s in criminal justice administration and a bachelor’s in criminology, both from the University of South Florida.

He previously told the Times that landing in the chief’s chair was never a goal of his, but that he aspired to a position where he could “help the department be better.”