On Aug. 25, the News-Journal’s Frank Fernandez reported on the resignation of Theresa Pontieri, the Flagler County Sheriff’s Office’s recently hired general counsel, after the News-Journal had inquired about inflammatory videos she had posted on a conservative social media platform.
“In some of the videos, Theresa Pontieri, who is white, disparaged the Black Lives Matter movement. In one video, she referred to a Black girl who police in Ohio fatally shot as ‘thuggy,'” Fernandez reported. (“It’s hard to determine the exact point at which the centuries-old [N-word] was supplanted by its newer, more criminal progeny ‘thug’,” Ebony magazine wrote, “but take a cursory glance at social media and mainstream new media alike, and it is clear that the replacement is now in full effect.”)
“In another video,” Fernandez reported, “she said she did not condone but understood why those who stormed the U.S. Capitol Building on Jan. 6 were angry that then-Vice President Mike Pence was not supporting former President Donald Trump’s assertion without evidence that the election was stolen from him.” The videos were posted before Pontieri’s hire date, and immediately deleted after Fernandez inquired about them to the Sheriff’s Office. She had started the $95,674-a-year job on July 6.
On Sept. 1, Pontieri described her resignation as “forced.” In a letter to the Observer, she wrote: “When I was sworn in as general counsel for the Flagler County Sheriff’s Office, I swore to uphold the Constitution and to not allow personal opinions or emotions to affect my decision-making. Public officials, judges, and even our sheriff are expected to uphold this credo, and I was committed to doing the same. As an attorney, I’m sworn to uphold the law and make decisions based in the law, and I am confident in my ability to carry out my duties with those paramount principles in mind. Not once while working for the Sheriff’s Office were my official actions or decision-making called into question. Put simply, I was forced to resign not because of my official actions or words, but because of opinions that were constitutionally expressed months before being hired.”
Pontieri, who’d written of being “tired of seeing victims of crime and the police that protect us being cast aside, while people perpetrating crimes are being uplifted in order to further a political narrative,” described her forced resignation as being “canceled” and as “nothing less than an act of complicity with the very atrocity I was trying to advocate against.” The letter, without specifics, blamed media, “virtue-signaling,” “a political narrative” and a refusal to address “endless black-on-black crime,” among other issues.
The letter prompted a reply from Flagler County Sheriff Rick Staly, below.
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. 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 Sheriffs Office.
Ramone says
Every comment, especially these days, could be considered offensive, divisive or inflammatory. I’ve read many things written by our Sherriff that rubbed me the wrong way. But that’s why we have a Constitution in this Country. That’s why we’re entitled to speak out about BLM, NRA, etc… In my opinion, this was another example of “wokeism” usurping our First Amendment rights. If I don’t miss my guess, the Flagler County citizens will be paying this General Counsel a lawsuit settlement.
Duncan says
I think it was absolutely appropriate to fire Pontieri. Freedom of speech does not mean inconsequential speech and Rick Staly did exactly what needed to be done (especially in the current climate) regardless of if he personally agrees or disagrees with Pontieri comments.
Pontieri should be smart enough to know that representing the Sheriffs Office comes with some office basic social ethical responsibilities, and smart enough to know that her “social footprint” is out there for all the Sheriffs constituents to read. It matters not if the divisive posts were made before or after she was hired.
Sometimes you just need to be wise enough to keep your opinions to yourself.
Deborah Coffey says
Her comments and sickening bias definitely reflect poorly on your office, Sheriff Staly. You did exactly the right thing. This Democrat is proud of you and grateful for your good judgment.
Robjr says
Resigned or a person gets the can makes no difference.
Bottom line is Florida is an employment at will state.
Celia M Pugliese says
Totally agree with Sheriff Staly. Thank you Sir.
Merrill S Shapiro says
I don’t often agree with Rick Staly, but when I do, it is in maintaining a zero-tolerance stand on racism and bigotry and in standing up for “truth, justice and the American Way,” Truth is, Donald Trump lost his last election. Justice is seeing that the will of the majority of voters is carried out. The American Way is preserve, protect and defend the outcomes of our country’s free and fair elections.
Chuckling says
Well, well, well,….Sheriff Staly finally drew a line for the radical-right conspiracy theorist, Qnon, trump kool-aid guzzlers. Never blow your mouth off on-line and then expect it not to blow back in your face. Analogy: Spit out an open car window going 60+ mph and see what ends up blowing right back in your face. No sympathy whatsoever for Ms. Pontieri. You reap what you sow. Good luck now that you have “outed” yourself.
Steve says
I consider your comment Joke(ism) and support of her actions and comments as incendiary.Of course you are entitled to your opinion but shes gone nonetheless
JimBob says
Somewhat surprising response from a Sheriff’s Department which conducted training on the use of tactical gear and chemical irritants for prospective insurrectionists prior to the events of January 6 in DC. Attorney Pontieri should have expressed her bigotry in the subtler Flagler County way.
Concerned says
Great, Sheriff Staly! Now that you are showing concern about how we treat others in our community, why don’t you now agree to take down the Green Roof Inn sign which is shaming and hurtful to many citizens and is in no way a deterrent to crime.
Also, I am hoping you or whoever hires employees at the Dept. will do a little research before hiring her replacement and all future employees. Learning from our mistakes and changing our behavior is a sign of courage and maturity. Hope to see this next!
flatsflyer says
I agree with Staley’s decision but it points out a real poor job of vetting her before she was hired. I wonder why she was allowed to even be given consideration for this job? Tell us who interviewed her, did the background checks and who he used as references on her application. These things should have been understood before hiring her and exposing the taxpayers to another law suit which I guarantee will be settled in her favorfor at least $100,000.
Greg says
When the Ultimate Ruler Staley speaks, all should shutter and shut up. The king is speaking. Flagler County put Jim in this role in my opinion.
Concerned Citizen says
No sympathy for her here.
When you go to work for an employer there are generally rules about what you can and can’t do on social media. Making comments that don’t reflect the values of your employer will get you fired just about every time.
I see more and more people get themselves jammed up over social media posts. I value being able to express my opinion. But I value a steady job and paycheck even more. And not having something that will follow me around forever. Making it harder to get hired somewhere else.
trailer bob says
I am proud that we have a Sheriff like Rick Staley. He is professional, smart, and gives a damn about his responsibilities.
Thank You Rick!
Sherry says
If she were “thoroughly” vetted “before” being hired, she would not, and should not have been chosen. Hopefully, hiring procedures are being adjusted so that future hiring decisions are made with “ALL” the information needed for the best choice.
The right to free speech does NOT mean the rights to speech “WITHOUT” consequences. Sheriff Staly certainly made the correct decision.
Rj says
IF You have Any Concerns of how Flagler County Sheriffs office is Running , Any kind of Misconduct of Any kind , Pick up your phones and REPORT TO “” FLORIDA DEPARTMENT OF LAW ENFORCEMENT “” They Will Look into Any Issues at Hand , and Address them in A Professional Manner because they will Not allow the existence Of Any Kind Of Foolishness/ Or Playing a game of Above The Law . There Is All ways A Higher Authority The Numbers are Listed Below :
FOR MISCONDUCT & ANY OTHER CONCERNS
{ FLORIDA DEPT. OF LAW ENFORCEMENT }
(904) 360-7100
(904) 824-8304
(813) 410-7000
(850) 410-7000
Mary says
I agree with you completely. I find it difficult to believe that anything Pontieri said could be construed as offensive except by those who have no problem offending everybody else.
Concerned citizen says
Agree about green roof inn sign !!
It is ridiculous and not funny !!!
And I’ve heard that jail is absolutely NASTY!!!
That should be embarrassing to Department!!