Former North Port assistant police chief settles age discrimination complaint with city

NORTH PORT – Former North Port assistant police chief Mike Pelfrey recently settled a five-year-old age discrimination complaint filed against the city of North Port for his 2017 termination. But because the city failed to follow through on a mediated settlement of the original complaint it had to pay Pelfrey another $50,000 to resolve a second one filed in 2021.

What happened

Retiring North Port police chief Kevin Vespia terminated Pelfrey for insubordination following an internal investigation because he failed to carry out directives on two occasions in November 2017 – including refusing to talk to the officers after an October 2017 incident when a police dog was called in to bite a man who had already been tased three times.

Earlier:North Port fires assistant police chief for insubordination

Pelfrey later told city human resources personnel that he declined to carry out that directive because he felt it was an unlawful order that would have violated the Officers Bill of Rights, internal affairs policy and Florida state statutes.

Pelfrey was dismissed in June 2018, after Vespia had retired and prior to the swearing in of current North Port Chief Todd Garrison.

Now 65, Pelfry filed an age discrimination suit against the city in 2018, also citing state whistleblower statutes and retaliation.

In his suit, Pelfrey – who joined the North Port Police in 2015 after 26 years with the Sarasota County Sheriff’s Office – alleged Vespia wanted him to retire at the same time so a younger person could fill the job.

He was placed on paid leave on March 22, 2018, prior to Vespia’s retirement.

Pelfrey did not return phone calls or emails seeking comment on the outcome.

Mediated settlements

In a 2019 settlement agreement, received from the city following the 2018 lawsuit, North Port paid Pelfrey $60,850 in damages and $39,150 in attorney fees.

Pelfrey returned to work and immediately resigned on Feb. 24, 2020, which was also part of the agreement.

But a May 2021 lawsuit alleged the city never replaced a paperwork indicating he had left in good standing, as required in the first settlement, and that he was unable to find employment as a result.

As part of the settlement of the second suit, Pelfrey received $30,500 in damages and $19,500 in attorney fees.

An emailed statement from the city did not directly address why North Port had not filed the required paperwork that would have avoided added expenses.

North Port "acted in good faith in filing appropriate forms with the Florida Department of Law Enforcement related to Mr. Pelfrey’s separation with the City,” the response read. “As part of the settlement for the second suit, the City worked with Mr. Pelfrey and his attorney to amend those forms to their satisfaction..." adding that it had "settled solely as an economic decision based on the costs the City would incur in proceeding in the action.”

This article originally appeared on Sarasota Herald-Tribune: North Port settles age discrimination suit by ex asst. police chief