Naples Council approves $140K payment to Naples Police Sgt. Amy Young To settle potential claims

By Gina Edwards

Naples City Desk

Naples City Council voted Tuesday to approve a cash payment of $140,400 to Naples Police Sgt. Amy Young in exchange for her releasing all future claims against the city.

As part of the deal, the city agreed to refrain from taking any action against Young no matter the findings of two on-going internal investigations.

The settlement deal is contingent on Young, 41, receiving a disability determination from the Police Pension Board and an estimated $42,000 a year in addition to the $140,400 cash payment.

The 5 to 2 vote, with Councilman Doug Finlay and Councilwoman Teresa Heitmann dissenting, came after an hour-long heated debate. Both Finlay and Heitmann pressed for public disclosure about the reason for the $140,400 payment and the nature of the claims Young may have against the City.

City Manager Bill Moss and City Attorney Bob Pritt declined to disclose to the public the nature of any threatened legal claims by Young.

Finlay said he was being asked to make an important decision with scant factual knowledge but much rumor and innuendo.

“Council is being asked to approve a six-figure settlement prior to the conclusion of any internal investigations,” Finlay said. “More importantly Council is being asked to approve a settlement before any litigation may be filed … It is not a precedent I want to establish with our employees who may have internal knowledge that could also result in a demand.”

Moss launched an internal investigation in the fall to answer a detailed anonymous complaint that was widely distributed in the community that alleged Naples Police misconduct was covered-up in an earlier botched internal investigation of sweeping sexual misconduct and civil rights violations. City Manager Moss has publicly stood by the earlier investigation that ended in 2012 with all allegations unfounded.

A separate internal investigation is reviewing the report of state prosecutors who cleared Young of shooting and killing Monroig. Prosecutors found that Monroig shot Young in the head and then fatally shot himself.

According to prosecutors’ report, witnesses told investigators that Young drove home drunk from Naples to Estero and that she drew her gun and armed herself first in the confrontation with Monroig inside Young’s Estero home the night of the shooting in July. Young’s attorney, Donald Day, said there was no evidence she was under the influence when she drove. Monroig was Young’s subordinate and the two were earlier investigated and cleared for living together in violation of city policy.

Prosecutors said Young had both alcohol and benzodiazepines, a type of tranquilizers, in her system that night.

State officials with the Criminal Justice Standards and Training Commission can strip a law enforcement officer of his or her badge for committing misdemeanors or felonies, including DUI, even a charge is not criminally prosecuted.

Moss, responding to Heitmann, said internal investigations will go forward and action may be taken against other officers, but none will be taken against Young.

Separately, the Florida Department of Law Enforcement is investigating the theft — inside the department — of Detective Robert Young’s gun that was stolen from inside his Police Department desk.

Heitmann criticized Moss saying he’s shown poor management and leadership related to the Police Department.

“We need a federal investigation that is not internally controlled by management,” Heitmann said. “Mr. Moss you owe a duty to the police officers who risk their lives to enforce the law and you owe a duty to every single resident of Naples who files a complaint against an officer or the chief. You have a duty to investigate these complaints and not allow the chief to wheel and deal.”  

Councilman Sam Saad, in a terse exchange with Heitmann challenged her for specific misconduct details. “You are trading on rumors,” Saad said. “You’ve got one or two vengeful cops you want to believe.”

Heitmann responded: “We have a dead officer because we have not followed our policies or procedures.”

Naples Mayor John Sorey echoed comments by Vice Mayor Dee Sulick and Councilwoman Linda Penniman that the payment to Young is in the best interest of the city.

“I think this is in the best interest of the city financially. If we get into litigation who knows what the number might be,” Sorey said.

Assistant City Manager Roger Reinke said that Young would be entitled to seek disability from the Police Pension Board under any circumstances because of the injuries she received in the domestic shooting. Pension rules allow police officers to seek disability if they can no longer perform work as a police officer even if they are not hurt in the line of duty. Officers can still work at other jobs if they are able and collect the disability payments.

The five-member Police Pension Board will decide if Young is disabled based on the recommendation of a medical expert the board hires. Subsequently, the board will be able to rescind Young’s disability finding if it is determined that she can work as a police officer again.  

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Reporting by: Gina Edwards

Dateline: Naples, Fla., Feb. 18, 2015

Contact Gina Edwards at 239-514-1336 or by email at ginavossedwards@gmail.com