PEMBROKE PINES, Fla. — A federal lawsuit filed in the Southern District of Florida pits the Fraternal Order of Police and two officers against the city of Pembroke Pines in a dispute over whether private text messages between officers can be treated as public records and compelled by the city.
The Florida State Lodge of the Fraternal Order of Police and two officers, Sgt. Joel Cuarezma and Detective Scott Kushi, say the city is improperly demanding private communications. They are asking a judge for an immediate temporary restraining order and a preliminary injunction to block disclosure while the case proceeds.
The dispute began after Cuarezma sent an email to officers about a staffing issue connected to a training assignment. Kushi, who serves as a union representative, texted Cuarezma to discuss whether the plan might violate provisions of the department’s collective bargaining agreement. The city later sought those text messages as part of an internal investigation.
City officials argue that because Cuarezma was handling a staffing issue in his official role, the messages about that assignment are related to city business and therefore fall under Florida’s Public Records Act. The law defines public records broadly to include communications “made or received in connection with the transaction of official business,” even if they are sent on a private device. City attorneys also say the request was narrow, limited only to specific messages, rather than a demand for the officer’s entire phone.
The union disputes that interpretation. Its attorneys say the messages were private union communications about interpreting the labor contract, not directives that changed how Cuarezma performed his duties. They also argue that the city’s demand amounts to an unreasonable workplace search that violates the Fourth Amendment. The union cites the United States Supreme Court’s decision in O’Connor v. Ortega, which requires courts to balance an employee’s privacy expectations against a government employer’s need to conduct searches in the workplace.
The FOP also claims the city is retaliating against Kushi for his outspoken union advocacy, using a public records argument as a pretext to investigate him. The city, in contrast, maintains that it needs the messages to determine whether departmental rules were violated.
At stake are two major legal questions: The first is whether private texts between officers and union representatives can be considered public records if they touch on staffing or departmental business. The second is whether the city’s request qualifies as a reasonable workplace search under constitutional standards.
The union has asked the court to block the city from obtaining the messages immediately through a temporary restraining order. If granted, that order would remain in effect while the court considers a preliminary injunction, which would provide longer-term protection as the case unfolds.
The outcome of this case could carry implications far beyond Pembroke Pines.
A ruling for the city could broaden public access to messages sent on private devices when they relate to government work. A ruling for the union could strengthen privacy protections for officers and their unions by making clear that such messages remain outside the reach of public records requests.
The federal judge presiding over the case will now decide whether to grant emergency relief and set a schedule for hearings on the broader constitutional and statutory issues.
Court documents:
Copyright 2025 by WPLG Local10.com - All rights reserved.
