State Attorney Jerry Hill issued Sgt. Brian McNabb a letter on September 16, 2013 stating that his office would no longer accept testimony from him in the 10th District unless he submitted to a polygraph. The City has reviewed the matter in greater detail and weighed the various options, legal considerations and potential outcomes, and as a result, has reached an agreement to retain him as a certified law enforcement officer with the LPD.
In his present capacity, Sgt. McNabb serves as a training officer for the department and coordinates the Mini-Academy, (in which he also provides instruction in the areas of physical fitness, weapons and other related programs, which does not include court testimony. It is very unlikely he would be called upon to testify let alone be the sole officer who would be called upon to testify in a criminal matter. As such, there is little risk in him having to be called to court which could potentially impact his ability to testify in the 10th District.
The agreement the City of Lakeland has reached with both Sgt. McNabb and the WCFPBA is that while he will be returned to normal status, the Department has the right to take into consideration, the effect of the letter to the extent it remains in effect, when and if he becomes eligible for any assignment, transfer or promotion wherein the requirement to testify may be implicated. While this criteria cannot be exercised arbitrarily or capriciously by the Chief of Police, both McNabb and the WCFPBA have agreed that they will not pursue an administrative appeal of any denial that is made in such a manner.
Chief Womack state that the agreement reached with city management, herself and the WCFPBA represents the best possible outcome for all parties involved in light of the particular circumstances.