A Broward Sheriff’s Office sergeant, who came under extreme scrutiny for spending time at his car while the Marjory Stoneman Douglas shooting occurred, is able to get his job back, according to Broward Sheriff's Office Deputies Association.
Brian Miller was terminated from his position by Sheriff Gregory Tony, but an arbitrator found that BSO violated Miller's due process rights and dismissed the case against him, the deputies association said.
Miller is also able to receive full back pay and get back his seniority at the BSO, the deputies association said.
In response, BSO said it didn’t agree with the arbitrator’s decision and stands by the initial termination of Miller.
“The arbitrator did not address the conduct of Sergeant Miller on the day children and adults were massacred at Marjory Stoneman Douglas High School while he stood by. Nowhere in the decision is he vindicated for his lack of action on that day,” the agency said in a news release.
BSO’s general counsel added in a statement:
“The arbitrator ruled on the case without conducting any evidentiary hearing whatsoever and without taking the testimony of a single witness. The decision was based upon a technicality that we believe was wrongly decided. The arbitrator ruled on a procedural issue that BSO allegedly took too long to conduct the investigation, which is the exact opposite finding of an arbitrator that addressed this same issue in an earlier case.”
BSO said it’s exploring “all legal options to address this erroneous decision.”