OPINION: Why I immediately accepted FCSO’s general counsel’s resignation

Ms. Pontieri's remarks created significant concerns regarding her judgment and impartiality, and, in my view, irreparably compromised her ability to effectively perform her duties as general counsel.


  • By
  • | 2:00 p.m. September 6, 2021
  • Palm Coast Observer
  • Opinion
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by: Rick Staly

Flagler County Sheriff

As a result of my 46 years in law enforcement experience, I have a deep and abiding appreciation for our law enforcement officers, who protect and serve their communities. I am also deeply sensitive to those who are victimized by criminal activity. Under normal circumstances, I would appreciate public comments supporting officers and victims.

Unfortunately, Ms. Theresa Pontieri's remarks crossed a line. Regardless of her intentions, some of her comments were racially insensitive and offensive. I support the rights of members of the Flagler County Sheriff's Office to express themselves as private citizens on matters of public interest. However, when comments are racially insensitive and create a perception of bias, they may adversely reflect on the employee's objectivity and negatively reflect on the agency as well.

In this case, Ms. Pontieri's remarks reflected negatively on herself, and by implication, the Flagler County Sheriff's Office. Due to the close working relationship between a general counsel and a sheriff, her position necessarily required my trust and confidence. Regrettably, her remarks created significant concerns regarding her judgment and impartiality, and in my view, irreparably compromised her ability to effectively perform her duties as General Counsel.

Prior to tendering her resignation, Ms. Pontieri was apologetic for her actions and appeared to take responsibility for her conduct. It is unfortunate that she has now taken a defensive tone.

In closing, I wish to reiterate that my concerns with Ms. Pontieri's remarks were directed at the manner in which she expressed her views. I respect the constitutional rights of employees to express themselves on matters of public concern. However, when the speech in question is beyond informative but rather is offensive, divisive and inflammatory, it may adversely affect the employee's effectiveness within the agency and the community. For this reason, I accepted Ms. Pontieri's resignation as General Counsel of the Flagler County Sheriff's Office.

Editor's note: FCSO General Counsel Theresa Pontieri resigned Aug. 24 after the Daytona Beach News-Journal began reporting on a series of podcast-style videos Pontieri had posted on social media in which she criticized the Black Lives Matter movement and spoke derisively of individual black people who'd been shot and killed by law enforcement officers. The videos had been posted before Pontieri began working for the Sheriff's Office on July 6. For more information and Pontieri's response, click HERE.

 

 

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