Fired Police Sergeant Returns to Work in Miami Beach

MIAMI BEACH — A city police sergeant returned to work on Tuesday after being fired for appearing drunk in public and partially flashing his loaded gun during an off-duty assignment two years ago at a popular South Beach nightclub.

“I am able to confirm that Sgt. Michael Muley has returned to the Miami Beach Police Department effective today,” according to department spokesman Ernesto Rodriguez.

Muley, who was a highly decorated officer, had been threatened with divorce a day before the July 14, 2014 incident and suffered other personal hardships, including a battle with alcohol abuse and unresolved stress related to the 2005 shooting of former NFL player Barrett Robbins, who survived the shooting.

In a statement released Tuesaday, Miami Beach Police Chief Daniel Oates said Muley fulfilled the terms of an arbitration ruling, which ordered the city to reinstate the officer if he met certain conditions following the well-publicized incident at Mango’s Tropical Café on Ocean Drive.

“Sergeant Muley has complied with the conditions of the arbitrator’s award and, effective today, has returned to the department,” the chief said. “He will go through a period of re-acclimatization and training, and he will then be assigned to patrol duties.”

Miami Beach police had argued that Muley created a spectacle that damaged public confidence in the department and that the sergeant had a “15-year history of extreme uncontrolled binge drinking.”

But federal arbitrator Roger B. Jacobs noted in his August ruling that while the city established “just cause” for discipline against the officer, it failed to follow the department’s own requirements before terminating him.

Moreover, the arbitrator ruled that the officer should be permitted to undergo evaluation “regarding his alcohol issues” and have the opportunity to be placed in a residential treatment program for several months consistent with the chief’s informal policy before being also given the opportunity to undergo a fitness for duty evaluation.

“In the event Muley is deemed fit for duty, he shall be reinstated at that time with no loss of rank or seniority,” the ruling specified.

Miami Beach regulations prohibit officers from unholstering weapons unless they are in use. In this case, there was no safety on the loaded Smith & Wesson 40 mm weapon.

Muley also admitted to having pizza from Mango’s without paying for it and taking some to his police vehicle, but that was common practice for officers on off-duty assignments.

Muley was escorted by bouncer Wayne Smith to the Waldorf Hotel shortly after 4 a.m. following the incident. Police were alerted by an anonymous tip that an officer appeared drunk while walking down the street, which triggered an internal affairs investigation.

The officer was subsequently taken to Mt. Sinai Hospital where he remained for several days and underwent extensive surgery. He never submitted time for the payment related to his shift at Mango’s.

The chief had been on the job for little more than a month when the incident took place.

By all accounts, Mulley’s career had also been distinguished prior to that time.

Having grown up in northern Florida, he received an athletic scholarship to Eastern Kentucky University where he was a varsity athlete for five years. He received the Medal of Valor at least twice and also was officer of the year on several occasions.

Photo by Paul Scicchitano