It is painful and frustrating, but Maury Hernández's longing to go back to work as a Broward County deputy seems impossible to achieve.

During a long conversation, Broward Sheriff Al Lamberti told me the decision to reinstate Hernández depends on his doctors who ``have not told us that he can be a deputy sheriff.'' Furthermore, to be a deputy sheriff again, Hernández would have to pass a physical exam to prove that he is ``fit to perform his duties.''

``If it was up to me, I'd have him back on full duty tomorrow,'' Lamberti said, ``but unfortunately there are rules that we have to go with.''

Lamberti invited me to his office after a column I wrote about Hernández prompted a wave of bad publicity for the Broward Sheriff's Office. The community loves Hernández, 30, who was almost killed trying to protect it. That's why the residents want him to be happy, and for him, happiness is linked to going back to work as a deputy sheriff.

MINORITY REPORT

Lamberti was upset because the column cited a source inside the BSO who suggested that not giving Hernández back his job would not bode well with the Hispanic community. The sheriff has made efforts to have good relations with his minority constituents, such as African Americans, Hispanics and gays. Also, the Hispanic vote was crucial to his election.

``This has nothing to do with being anti-Hispanic,'' Lamberti said. ``And the issue that came up that it's hypocritical or an injustice to the Hispanic community or shameful, that's totally irrelevant, wrong, inaccurate and not right.''

He added that out of the 49 percent of employees who are classified as minorities at the BSO, 15 percent are Hispanics, including two district chiefs and four department heads. Lamberti also created an internal diversity council that is involved in Hispanic community events in Broward.

``We've had other deputies [non Hispanic] in the same situation [as Hernández] and again they took the disability pension because they understood the financial ramifications,'' Lamberti said.

Hernández argues he is being forced to take a permanent disability retirement he is not willing to accept. However, Lamberti denies Hernández was given an ultimatum. The Aug. 5 meeting, he says, was called to explain his options to him: to retire with full benefits, or to return to a civil post for which he qualifies, losing significant benefits.

``We need to look out for his financial stability for the future,'' Lamberti said. ``I don't want him to commit financial suicide.''

POSSIBILITIES

Lance Block, Hernández's attorney, said that in that meeting no other possibility was discussed. And not a word was mentioned about requiring medical authorization.

``This is the first time either Maury or I have heard that,'' Block said. ``Suffice it to say that when the sheriff was on the campaign trail he did not precondition his pledge to rehire Maury depending on what the doctors had to say.''

Under confidentiality rules, doctors cannot provide information about Hernández without his consent, which he has opted not to give. But it is not a secret that he has motor-function problems and his left arm is practically paralyzed.

``I have to get over this and move on,'' Hernández said. ``I'm going to leave justice in the hands of justice.''

Block acknowledged that perhaps Lamberti is right and ``it may ultimately be in Maury's best interest not to go back to work.'' However, they should give him a copy of the work disability policy and tell him which jobs are available to him, he said. None of that has happened.

Lamberti told me he wants to meet with Hernández to discuss the vacant positions he could take.

It is time to patch things up. Obviously, the case was not handled with sufficient tact. It was a mistake to call Hernández to an official meeting without first having a friendly conversation with him. Hernández showed up in full uniform because he thought the meeting was called to discuss his return to work, not his retirement.

The simple possibility of Hernández's return would be a miracle. In spite of his tragedy, he wants to return to work and not just sit and wait for his checks to arrive in the mail. It speaks volumes of this man's strength and perseverance, two virtues that should not go to waste.

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