The Broward State Attorney's Office has closed the investigation into Pembroke Pines City Commissioner Jay Schwartz, deciding not to charge him with impersonating a police officer when he confronted a group of students at a local high school, CBS News Miami has learned.

Prosecutors described Schwartz's actions as "both inappropriate and improper," but they were not confident they could convince a jury to convict him.

Details of the confrontation  

The interaction between Schwartz and the students took place on the morning of May 21, near the end of the school year, at Flanagan High School in Pembroke Pines, where Schwartz, a pilot, was a visiting instructor teaching a class on aviation.

Schwartz confronted at least three students on school grounds, believing they may be in possession of marijuana. During the confrontation Schwartz acknowledged showing the teens a ceremonial badge he had been given as a city commissioner. Although the badge looks like an official police badge, it is not a police badge, and Schwartz has no law enforcement powers. However, at that moment, there would be no way for the students to know the badge wasn't real.

The Florida Department of Law Enforcement led the investigation and according to a copy of their report, obtained by CBS News Miami, the following is a summary of what happened based on interviews with the teens, school surveillance video, and other witness statements.

According to the report, the students claimed Schwartz "aggressively" walked up to them and said, "Where's the weed? Who has the weed." As Schwartz continued to ask questions, the teens claimed Schwartz "pulled a badge (that was in his wallet) out of his pocket" and showed it to them. A video camera on the school grounds confirmed this occurred, according to the report. The teens said at that point they believed Schwartz was a police officer.

Allegations of racial motivation

One of the teens – who is Black and whose family comes from Haiti—told Schwartz he doesn't use marijuana and that "he didn't like the way he walked up to me." Schwartz allegedly responded, "Welcome to America." The 18-year-old told the FDLE agents he believed the statement was racially motivated.

In his statement to FDLE agents, Schwartz denied saying, "Welcome to America," and that none of his comments were racially motivated. He argued that he merely went up to the students to have "a positive interaction" with them. "I'm driven by that," he told FDLE agents, "…There's always an opportunity…to inspire or you know, just kind of uplift the community."

Another of the students said at least one of the teens felt they could not leave and that they were being detained.

Schwartz's defense and past controversies

Schwartz, who has been a city commissioner since 2012, has not publicly commented on the allegations. His attorney, Eric Schwartzreich, provided a statement to CBS Miami that read, "After a thorough and complete investigation, the Broward State Attorney's Office has determined that no criminal charges will be filed against Commissioner Jay Schwartz.

"From the outset, Commissioner Schwartz fully cooperated with both the Florida Department of Law Enforcement and the Broward State Attorney's Office. Following a detailed review, investigators concluded that Commissioner Schwartz did not commit any crimes. Commissioner Schwartz never impersonated a police officer, nor did he search or arrest anyone.

"His intention was not to act as a police officer, but as a teacher and educator. In his role that day, Jay's goal was to serve as a positive role model for students."

In closing the case, the state attorney noted, "While the conduct of Schwartz was both inappropriate and improper, it is not clear from the available evidence that Schwartz acted with the specific intent required for criminal culpability."

The close-out memo goes on to state that "even though actions alone can constitute impersonation [of a police officer], Schwartz never specifically announced that he was law enforcement, and his badge identified him as a city commissioner."

It is not uncommon for local elected officials in South Florida to carry police-style badges. The badges have no power and are designed more to boost the ego of elected officials and make them feel special.

Pembroke Pines Police Chief Vargas said over the years the department has issued these types of badges to any commissioner that asks for them. "Some of them request them," Vargas said. "They say `Commissioner' on them."

Schwartz has been a controversial figure in Pembroke Pines since his election to the commission in 2012.

In 2018, the Miramar Pembroke Pines Regional Chamber of Commerce accused him of threatening to blackmail a member of the chamber if he did not get his way on an item before the chamber. "Commissioner Schwartz's actions are at least bullying, and he quite possibly has even used his position of power to coerce the Chamber, the Board of Directors, and it's members," wrote the then chair of the chamber's board of directors.

In 2024, during a city commission meeting, the mayor summoned police to remove Schwartz from the dais after the mayor said he had become disruptive.

On his city website, Schwartz describes himself as a pilot, a business executive, entrepreneur and YouTuber. Describing his role as an elected official, Schwartz wrote, "The responsibility and trust you have given me I take very seriously. I want to be a great public servant. Your concerns are my concerns, and I will work tirelessly through positive and bold action to bring you the leadership we deserve."