Miami Beach Code Compliance Criticized
-
Upload
david-arthur-walters -
Category
Documents
-
view
218 -
download
0
Transcript of Miami Beach Code Compliance Criticized
-
8/10/2019 Miami Beach Code Compliance Criticized
1/25
MIAMIMIRRORTRUEREFLECTIONS
Page1of2
17December2014
JimmyMorales,Esq.
CityManager
CITYOFMIAMIBEACH
RE:MysteryCustomerReport002
DearSir:
Attached ismyMysteryCustomerReport002,whichcomprises, inthemain,correspondence
appertainingto
the
administration
of
the
Code
Compliance
Department.
Much of the information is old hat by now, yet some serious problems persist, as shall be
evidencedinfuturereportsandperhapsinlitigation.
Selective, random, lenient,and adearthofproactiveenforcement, aswellaswhat thenew
director, Hernan Cardeno, Esq., calls due process but is really past due process, are still
excusedasusual,blamedonthecomputerandascarcityofhumanresources. That isnotto
saythatMr.Cardenohasthepowerortoolstoremedythesystemicfaults.
Nonetheless, I have seenmarked improvements in code enforcement around South Beach.
Unfortunately, Iamonlyoneperson,somypositivereportsareasanecdotalasmynegative
ones.My
appeals
for
athorough
audit,
so
we
can
see
to
what
statistical
degree
improvements
havebeenmadesincethenewdirectorwasappointed,havefallenondeafears.
The procedures themselves seem to lack consistency. I offered to examine the procedures
manual tosee if Icouldmakeconstructivesuggestions,but Icancelledmyrequestbecause I
havenobudget topay for a copy. Inote thatononeoccasion Iwasbilled severalhundred
dollars for ITto findthreeemailthatanofficialhadalreadyeasilyprovidedmewith.On this
occasion I informed thecityclerk tocancelmy requestbecause Iamno longer interested in
assisting the city gratis, as I have done in the past with considerable benefits including
thousandsofdollarstothecity.
Lackingan
audit,
we
are
left
with
the
integrity
and
incredible
resume
of
the
new
director,
who
was appointed on that basis. I have personally found him to be sincere, responsive, and
straightforward.YetIremainskepticalofthewholeshebang.
CodeofficershaveconfidentiallygivensuchglowingaccountsofhimthatIhadtoassumethat
the previous administration of the department, when it was a division of Building, was
horrendous.
-
8/10/2019 Miami Beach Code Compliance Criticized
2/25
MIAMIMIRRORTRUEREFLECTIONS
Page2of2
Thatisonekindofintegrity,thekindthatyouyourselfhave,summarizedasbeingaNiceGuy.
Anotherkindismatchingdeedstowords,inanaccountablemanner.
I submit this report for the record,with absolutely no expectation that youwill read it, or
respond to the issues other than to refer it to your troubleshooting defense counsel, Joe
Jimenez,
for
dismissal.
IofferitwithallduerespectrequiredbytheCitizensBillofRightsofMiamiDadeCounty,from
which itmaybe implied thatcitizensdonothaveanyrightsunless they respectgovernment
officials.(1)
BestRegards,
DavidArthurWalters
(1)
Home
Rule
Charter
Citizens
Bill
of
Rights,
(B)
The
foregoing
enumeration
of
citizens'
rights
vests large and pervasive powers in the citizenry of Dade County. Such power necessarily
carrieswithitresponsibilityofequalmagnitudeforthesuccessfuloperationofgovernmentin
the county. The orderly, efficient and fair operation of government requires the intelligent
participationofindividualcitizensexercisingtheirrightswithdignityandrestraintsoastoavoid
any sweeping acceleration in the cost of government because of the exercise of individual
prerogatives,andforindividualcitizenstograntrespectforthedignityofpublicoffice.
-
8/10/2019 Miami Beach Code Compliance Criticized
3/25
MYSTERY CUSTOMER FILE 002
On Code Compliance Administration
ComplaintDoctor
12/17/2014
TheCityofMiamiBeachhastouteditsnewMysteryCustomerprogramwherebycityemployeesinone
departmentarerequiredtoobserveandratetheperformanceofcityemployeesinotherdepartments.
Theresultsofthisselfcriticismprogramhavenaturallybeenastounding,with improvementsreported
everywhere. The program does increase awareness, and improvements are bound to result when
behaviorisunderobservation.Socialcreaturesperformbetterwithanaudience,butlearnbetteralone.
However,
genuine
360
degree
criticism
of
the
negative
sort,
including
criticism
of
management,
is
not
appreciatedatcityhall,whereonething iscertain:youwillberetaliatedagainstforpubliclycriticizing
the organization, which is constituted like a business i.e. in fascistic manner, without independent
branches. Therefore independent i.e. private mystery customers are required to render trenchant
criticism, which is necessary for the advance of civilization or at least to arrest its decline. They are
limitedinnumberbecauseprivatecriticswillberetaliatedagainsttooiftheyhaveanythingtolose. And
inthissmalltown,thereisusuallynomysteryastowhotheanonymouscomplainantis. Whatfollows
below is mystery customer correspondence from a customer whose motives are a mystery to
institutionallyblindcityofficials, somuch so that the formercityattorneycharacterizedhiscustomer
-
8/10/2019 Miami Beach Code Compliance Criticized
4/25
MYSTERY CUSTOMER FILE 002
Page2of23
August21,2014
NannetteRodriquez
DirectorofCommunications
CITYOFMIAMIBEACH
Subject:SpecificQuestionNo.1inreCodeCompliancePerformance
Ms.Rodriquez:
Thank you very much for asking me for a specific question in response to my plea for your
sophisticated comments regarding my perspectives on the performance Code Compliance
Department,
which
was
lately
a
Division
of
the
Building
Department.
I shall start at the top, with the administration of that department, which is supposedly
responsibleforthebehaviorthatmembersofthecommunityhavebeenwonttocriticizefrom
timetotime,andnotalwaysnegatively.Lestmyspecificquestionbetakenoutofcontextand
curtlydismissedwithanirrelevantanswer,youshallfindbelowabriefHistoryoftheQuestion.
SincetheQuestionisloaded,aPropositionthatIdonotendorseisgiven.
THEQUESTION
WhywerethetoptwoadministratorsofCodeCompliancepromotedtopermanentandmore
powerful positions as heads of a new standalone department without any overall empirical
evidenceof
improved
performance
in
the
field
and
considerable
evidence
to
the
contrary?
PROPOSITION
Apoliticalinsiderfriendlytothepreviousadministrationhasproposedthatthedirectorofthe
Code Compliance Department and his assistant are Untouchables regardless of the
administration in power because the director is FBI and the assistant has something on
reportsasdelusional,andlocaleditorsshunnedhimasawildcard.Theproblemwithindependenceis
that its resultsareunpredictable.Anyonewhocomplainsaboutcityhall,even if theircomplaintsare
legitimate,isdeemedcrazybecausetheylackintegrityi.e.integrationwiththeauthoritarianregime
theoverwhelmingFtypemajoritycottonsto.
-
8/10/2019 Miami Beach Code Compliance Criticized
5/25
MYSTERY CUSTOMER FILE 002
Page3of23
everyone, therefore theywill remain in theirpositionsas longas they likeregardlessof the
performanceoftheirdepartmentinthefield.
HISTORYOFTHEQUESTION
ThePoliceDepartmentandtheBuildingDepartment,ofwhichCodeCompliancewasadivision,
have been the most scandalized city departments in recent history, so much so that theBuildingDepartmenthasbeencharacterizedasaracketeerinfluencedcorruptorganization.
CityManagerJimmyMorales,averyniceguyandapolitical insiderwithoutcitymanagement
experience who was appointed on April Fools Day 2013 to clean up the city after the most
recentscandalbroke,hasbraggedthathehasfiredscoresofemployeestothatend,thegreat
numberofthemlowerechelonworkers.
As for department heads, he did not fire the building director and his assistant; he simply
placedafriendofhisfromthetroubledMiamiBuildingDepartmentoverthemasdirector,and
they instituted a successful phased permitting process to boom construction for big
developerswithoutafull,comprehensivepermit,utilizingprivate inspectors,ontheconditionthat the city be held harmless for any damagesthe program is basically a confession of
incompetence tohandle theworkload.Therehavebeen littleornoempiricalverificationsof
overallimprovementintheperformanceofthatdepartmentthatIamawareof.
Althoughthepolicechiefandhisdeputyhaddonearemarkablejobofrespondingtothecries
for sorely needed reform in their department, they were resented for past behavior and
punishedfortheirgoodbehaviorwithdismissalorforcedresignation.Andnowtheunelected
political insider who actually runs the city by default has brought in outsiders to the police
department, a celebrity chief, from Colorado, and the citys first black female deputy chief,
from
Texas.
CompletelyuntouchablehavebeentheheadsoftheCodeComplianceDivisionoftheBuilding
Department. Most of the community had nothing but contempt for the performance of the
division; clamors were repeatedly raised for reform to no avail. RobertSantos Alborna, a
financial analyst and planner whose most extensive administrative experience appears to be
setting up an animal services department for the county, was transferred from the troubled
BuildingDepartmentbyformercitymanagerJorgeGonzalezonNovember1,2010,toheadthe
ComplianceDivisionuntilanewdirectorcouldbefound.Shortlythereafter,onMay24,2011,
Mr. Gonzalez appointed him Director of Code Compliance based on his resume and alleged
devotiontocustomerservice.
Robert will continue to report to the Building Department's Assistant Director, proclaimed
Mr.Gonzalez,whowouldsoonbeforcedtoresign indisgrace,butwillworkcloselywithmy
executivestaffonissuesthatremainapriorityfortheCity,andprovidesupportinthereviewof
theCity'scodecomplianceprocesseswhenthatisinitiated.
WhetherornotMr.SantosAlbornadeservedit,hebecamedespisedbyseveralpeopleintimate
with Compliance operations even before he became the subject of a fruitless F.B.I.
-
8/10/2019 Miami Beach Code Compliance Criticized
6/25
MYSTERY CUSTOMER FILE 002
Page4of23
investigation. Even Commissioner Ed Tobin engaged in heated email exchanges with Mr.
GonzalezcriticizingtheperformanceofCodeComplianceunderMr.Alborna.
Wemustaskwhywehaveallthiscorruption,Mr.TobinemailedMr.GonzalezonApril24,
2012.Corruptioninthisinstanceisabyproductofthelackofoversightandaccountability.The
waste
and
mistakes
we
have
pointed
out
over
the
years
is
staggering.
I
must
hold
youaccountableforahostofmattersbothinandoutofthenewspapersoflatethatbearonyour
abilitytomanage. Iamsurethatthis latestscandal involvingthecode inspectorswillNOTbe
ourlast.Whatwillwesaywhenthenextscandalstrikes.Whowillweholdaccountable?Many
of the residents wanted an audit, and you suggested we wait a while since your Director,
Robert Santos was new to thejob and by all accounts the department was doing well. The
residentsthoughttheunfoundedratewassuspiciouslyhighandyouassuredusnocorruption
existed.Youwereastrongadvocatefornoaudit.
Hernan Cardeno, Esq. a sworn police officer,was transferred from the police department or
demoted to be appointed commander of Compliance in 2012 while Mr. SantosAlborna
assistedthe
F.B.I.
with
its
investigation.
Upon
the
completion
of
that
investigation,
both
remained,withMr.Cardenoincharge.
Rick Falls, a parttime code compliance employee who agreed to wear a wire and to record
telephoneconversationswithhissuperiorsforthefedsafterfourcodecomplianceofficersand
twofirefighterswerearrestedonApril11,2012,saidhewasharassedforhelpingthefeds,that
Mr.Cardenocalledhimatroublemaker,retaliatingagainsthimafterMr.Albornareturnedto
his duties. However, you (Nannette Rodriquez) said you did not think there had been any
retaliation.(NewTimes,April9,2014)Mr.Fallstransferredtoanotherdepartment,whereheis
highlyregardedasanexcellentworker.
OnJanuary
15,
2014,
the
Code
Compliance
Division
of
the
Building
Department
was
converted
to its own standalone department. Mr. Cardeno was appointed its first director, with Mr.
Santos as his assistant, based on Mr. Cardenos resume, without any critical or empirical
assessmentofhisperformance.CityManagerMoralesrecommendationconfessedhisfaithin
Mr.Cardeno:IbelievethattheCodeComplianceDepartment isstarting tocomeoutofthe
shadowsofpastscandals,whichnamely, IattributetoMr.Cardeno'sextensiveexperience in
lawenforcementandleadershipskills.
JimmyL.Morales,CityManager,explainedthattherewereissueswiththeCodeDepartment
some time ago, and previous management asked Mr. Cardeno to come from the Police
Department. Mr. Cardeno has been working closely to clean up the Department along with
RobertSantos
Alborna.
Many
changes
have
been
made.
Code
is
currently
part
of
Building
DepartmentandtheCityManagerissuggestingcreatingCodeasaseparatedepartment;andas
aresult,Mr.CardenohasbeenactingastheDirectorofthatsubgroup,andhehasearnedthe
opportunity to work as Director of Code, due to his integrity and transparency. He has
committed to theCityManager thathewillbe100%dedicated towork in this functionand
recommendsapprovalofhisappointment.(Afteraction,January15,2014)
-
8/10/2019 Miami Beach Code Compliance Criticized
7/25
MYSTERY CUSTOMER FILE 002
Page5of23
TheCityCommission,withoutanyfactualevidenceofthechangesallegedbyMr.Morales,or
ofanyconcrete improvements, rubberstamped the formationof thestandalonedepartment,
which provides its director with more executive authority than a division head, and the
appointmentofMr.Cardenoasitsdirector.
Indeed,Commissioner
Michael
Grieco
stated
to
the
Miami
Herald
that
the
commission
almost
alwaysblindly follows the recommendationsof thecitymanager,a formula that isavirtual
prescriptionfordictatorshipunderanunelectedofficial.
CommissionerEdTobin,hisattitudeapparentlychangedsincetheremovalof JorgeGonzalez
from office and his alliance with the reformist majority on the commission sponsored by
wealthy businessman Mayor Philip Levine, stated that Mr. Cardeno is a person of great
integritywithanextensivelawenforcementbackground.TheCityisluckytohavehimandhe
congratulatedhim.(Afteraction,January15,2014)
OnApril28,2014,eagerforsomefactualbasisforthisprofoundrestructuring,IaskedCityClerk
RafaelGranado
for
any
reports
supplied
to
the
City
Commission
supporting,
with
measureable
i.e. objective evidence of improved performance of the Code Compliance Division, the City
Manager's January15appointmentofHernanCardenoasDirectorofthe tobecreatedCode
ComplianceDepartment.AttachedyouwillfindtheCommissionMemorandumsuppliedtome
by Mr. Cardeno wherein Mr. Morales urges a resolution confirming his appointment of Mr.
Cardeno. I see no reference therein to measurable empirical improvements of the Code
Compliance Division itself since Mr. Cardeno was appointed its commander about two years
ago. I suppose that was given as an attachment to the Administrative Recommendation, or
separately,andIwouldliketohaveacopy.
On April 29, 2014, the Mr. Granado informed me that The Office of the City Manager has
notifiedus
that
there
are
no
records
responsive
to
your
request.
Although Mssrs. Cardeno and Alborna have always been courteous and helpful to me
personally,theirserviceasadministratorshasbeenlessthansatisfactory,inmyopinion,except
in theirability tosmooth ruffled featherswhilenoteffectively improvingcustomerservice in
thefield.
However,Iamonlyoneperson.SupportersareinclinedtopraisethenewCodeCompliance
Departmentanditsofficers.Thatpraisemayormaynotbeduetothehoneymooneffect,the
factthatpeople,whoarecharmedbythecharismatheirhighexpectationshaveendowedtheir
newsetofleaderswith,aredisinclinedtocriticizetheirownjudgmentunlesssomethinggoes
terriblywrong.
Like
Commissioner
Tobin,
Ibelieve
it
will
go
wrong
unless
that
attitude
changes
quickly; unlike him, my skepticism will not be diminished by a change of guard, handsome
resumes,andtheintegrityofteamplayers.
Therefore, since my observations of ineffective supervision and misconduct in the field are
anecdotal, Iaskedhighofficialsandthecitys internalauditortoconductathoroughauditof
the recordstocomparethe resultswith theresultsofthepreviousaudits tosee iftherehas
beenanyimprovement.
-
8/10/2019 Miami Beach Code Compliance Criticized
8/25
MYSTERY CUSTOMER FILE 002
Page6of23
Iwasgreetedwithabsolutesilence.NeedIaskwhy?
Sincerely,
DavidArthurWalters
[NO RESPONSE TO ABOVE]
On Wed, Aug 20, 2014 at 7:34 PM, Rodriguez, Nannette wrote: What is your specific question?
From:David Arthur Walters [mailto:[email protected]]Sent:Wednesday, August 20, 2014 12:45 PM
To:Rodriguez, NannetteCc:Cardeno, Hernan; Castell, George; Morales, JimmySubject:Comment Requested RE Adequate Staffing to Achieve Police PowerObjectives
Good Day, Madame. I am taking Code Compliance Department Administrator George Castell's
advice to contact you for a sophisticated exposition of certain policies. Attached you will find aPDF elaborating my concerns along with several relevant images. Best Regards, David Arthur
Walters
[SEEBELOW]
-
8/10/2019 Miami Beach Code Compliance Criticized
9/25
MYSTERY CUSTOMER FILE 002
Page7of23
MiamiBeach
High
School
Gymnasium,
alesson
in
negligence
at
Pennsylvania
&
Espanola:
July
14.
2014
19August2014
NannetteRodriquez,Director
OFFICEOFCOMMUNICATIONS
CityofMiamiBeach
Subject:AdequateStaffingtoAchievePolicePowerObjectives
DearMs.Rodriquez:
Code Compliance Supervisor George Castell has frequently directed me to you for a
sophisticated response tomyoppositionpressquestionsas towhyhisdepartmentdoesnot
proactivelyenforcecertaincitycodesinsteadofdoingnothingaboutviolationsofthosecodes
-
8/10/2019 Miami Beach Code Compliance Criticized
10/25
MYSTERY CUSTOMER FILE 002
Page8of23
unless complaintsare received from persons whodare to risk retaliation from the offenders
andevencodecomplianceofficersthemselves.
Mr.Castellhimselfhasdiligentlyfolloweduponmyinquisitionsaboutpossibleviolations,and
hehas faithfullyanswered my questions aboutparticular proceduresand applicationsof the
codeto
certain
situations,
but
he
is
reluctant
to
make
general
policy
statements
to
the
oppositionpress;thatis,exceptforoneoccasion Iknowof,ataconferencein2010,whenhe
sincerelysaidthatcodecompliancedoesnotengageinselectiveenforcement.
Since then I have discovered, and several old timers have confirmed my conclusion, that
selectiveenforcementistheonethingMiamiBeachresidentsandbusinessescanbecertainof.
I refer to selective enforcement as random enforcement when I wish to give compliance
officersthebenefitofthedoubt,eventhough intentionallyrandomapplicationofthecode is
kindofselectiveenforcement.
Themostegregiousinstanceofselectiveenforcementbroughttomyattentionisthecitationof
abusinessowneronatrumpedupchargebecausehefiledananonymouscomplaintforwhich
he was fingered because he mentioned it to supervision, that compliance officers were not
enforcingcode inrespecttocompetingbusinesses.Asamatteroffact,thecodeviolationhe
was charged with was not being enforced against others at the time as a matter of written
policy.Andthatistheleastofit.
Despite their reluctance to respond topressquestions,codecomplianceadministratorshave
two typical responses to complaints that they are not doing their jobs. 1) We are
understaffed,and2)Ourobjectiveiscompliance,notpunishment.
Just this month the second part of that absolving formula was cited after I said it was
disgracefulthat,accordingtoarecentreport,lessthan3citationsperdayontheaveragewere
givenbythewholecompliancestaffwhenIcouldwalkdownthestreetandobserveandreport
thatmanyviolationsoneveryblock.IsuggestedthatIcouldmakeanhonestlivingat$25per
report,butmytakewoulddryupwhenpeoplegotwisetotheenforcement.
Anothersuggestion,thatMysteryCustomersbeengagedandsentouttostingnegligentand/or
corrupt
compliance
officers,
has
been
frowned
on
despite
the
mayors
enthusiasm
for
CustomerService.
Ofcourse theexculpatory formula isnotunique to theCodeComplianceDepartmentof the
City of Miami Beach. It is most conveniently cited by all negligent, incompetent or corrupt
bureaucratschargedwithexercisingthepolicepower.Irecentlyhearditmouthedbyaformer
assistant state attorney, now the director of the county ethics commission, who was once
-
8/10/2019 Miami Beach Code Compliance Criticized
11/25
MYSTERY CUSTOMER FILE 002
Page9of23
responsible for prosecuting public corruption,. He retorted with a record of prosecution of
MiamiBeachofficials;however,IdonotthinkhisbattingaveragewouldgethimintotheHallof
Fameifhisactivityrecordwerecomparedwithwhathehadnotdone.
At leastswornpoliceofficers,accordingto thebrass,proactivelyenforce lawsagainstcrimes
wherever
observed,
no
matter
how
small,
although
we
know
of
exceptions
in
our
neighborhoods; for example the notorious illegal parking condoned by police and parking
officialswhoparkinnoparkingzonesattheLasOlasCafDriveIntorefreshthemselvesas
carsareticketedandtowedablockawayforthesameviolations.
ParkingDepartmentofficialenteringLasOlasCafDriveforlunch,ignoringparkingviolationsonallfourcorners
Perhaps you will address this proposition: People tend to disobey laws when they are not
enforced, or risk punishment when enforcement is random and minimal. To wit: IF
enforcementis
lax,
THEN
compliance
will
be
inadequate.
IhavetakenexceptiontothenotionthatCodeComplianceDepartmentstaffingisinadequate.I
have seen compliance officers performing their duties well, but I have also observed and
documentedthemgoofingoffonthejob.
I recently penned an exposeof one officer ignoring multiple dogordinanceviolations within
plain view while he was sitting in his car on dog patrol. He reported to that he saw no
violations, saw 17 dogs on leashes, strangely adding that he was moved to explain the dog
ordinancetoseveralowners.
Please take a look at the photograph, at the top of this letter, taken in front of the Senior
CenteratPennsylvaniaAvenueandEspanolaWay.TheSeniorCenter isadjacent to thehigh
school gymnasium and across the street from the elementary school. The premises were
overgrown,ladenwithrubbish,graffitiandunpermittedsignsforseveralmonths.
-
8/10/2019 Miami Beach Code Compliance Criticized
12/25
Thankful
complai
witnesse
property
Sothe
deterior
Third W
negligen
Ihaven
expired
coopera
Shouldc
when th
standing
ly, all but
ed,but th
dbelow,a
andcitedt
ountywas
teforthre
orld. Here
ce.
ticedelse
permit dec
ingcontrac
ompliance
ey exit the
indictment
MYS
he graffiti
correction
ompliance
eviolation
stoodon
months,a
disrespect
Gr
herethate
ls. I have
orsthereo
fficershav
gymnasiu
oftheirneg
2014hrs(left
ERY CU
Pa
was cleane
shouldno
officerpark
.
itshead
as
dvertisingt
for authori
ffitiseenbyc
vensignse
een count
withoutex
noticedth
? Of cours
ligence.
)2925hrs(rig
STOME
ge10of23
d up withi
havebeen
edafewfe
negligent
hedegrada
y is inculc
hildrenleavin
rectedbyt
signs erec
hibitinglice
ePennEsp
e they sho
t)atPennEs
FILE 0
the last t
contingen
etawaysh
officialsall
ionas ifM
ted in chil
gymnasium
eMiamiB
ted with n
nsenumber
nolaissue,
ld: they d
anolaon21J
02
o days. P
on a com
uldhavew
wedthe
iamiBeach
dren by w
achHousin
permits a
sasrequire
andthegr
ive by it e
une2014
rhaps som
laint. In fa
lkedaroun
ualityof
li
werepart
y of its gl
gAuthority
t all, adver
dbystatela
ffitithekid
very day. I
eone
t, as
dthe
feto
fthe
aring
have
tising
w.
ssee
is a
-
8/10/2019 Miami Beach Code Compliance Criticized
13/25
MYSTERY CUSTOMER FILE 002
Page11of23
Specifically,at8:14pm,on21June2014,Iobservedacodecomplianceofficersittinginhiscar
a few feet from the upsidedown sign. I had been enjoying repast at a fine restaurant on
EspanolaWayfortwohours.Ithoughthemighthaveacomradenearby,checkingforviolations
alongEspanolaWay,although Ihadseennosuchofficeraroundtherestaurant,so Ireturned
and
searched
the
restaurants
there
up
to
Washington
Avenue,
and
saw
no
officer.
ThegentlemanwasstillsittinginhiscarfingeringhiselectronicswhenIphotographedhimat8:25
PM.Hesawmetakehisimage,soIfiguredhemightreporttheeventtosupervision.Heleftthe
areaaminuteortwolater.
I asked Compliance Director Hernan Cardeno for a copy of any report or accounting of the
activities of the officer around that time. I wanted to know when, where, and whom was
contactedbytheofficersoIcouldverifytheinformationwiththosepersons.
The report Mr. Cardeno and I received was simply an unsigned inspection report listing
restaurants,showing
that
all
counted
tables
and
chairs
matched
the
numbers
approved
at
each
location.ThatsimplycouldnotbeinrespecttotherestaurantthatIhadenjoyedfortwohours
whilefacingtheplaza,sittingnearthefrontdoor,withfloortoceilingwindowsallaround:not
singlecomplianceofficerappearedthereornearby.
AndthereweretwocrypticemailsalludingtoEspanolayetwithoutcontext.
From:Villar,MannySent:Saturday,June21,20148:00PMTo:Romero,Miguel
Subject:RE:OkFinishandsendtomeandcopyCastell.Thanks
-
8/10/2019 Miami Beach Code Compliance Criticized
14/25
F
C
Mr.Car
thattha
restaura
Myprev
officer a
violation
I here s
signatur
timeofi
prosecut
Mind yo
supervis
Again, t
Complia
proactiv
punishe
Nowthe
apologie
forward
rom:Rome
c:Castell,G
enoackno
isthekind
tsunless
t
ious,perso
ctivities els
sinplainvi
ggest that
be
require
spection,
ionforfiling
u that is n
rsperform
e compre
ceStaff is
,and,wh
eryone.A
J
n,since Ih
s, one that
toreceiving
MYS
o,MiguelS
eorgeSubje
ledged tha
ofreporth
ereare
viol
alexperien
ewhere is
warerouti
a manager
d
on
the
of
hetherther
falserepor
ot to say t
ingexcellen
ensive poli
nderstaffe
nnotsob
gain,Idelet
ne27(left)A
vebeenre
will hopef
yourportra
ERY CU
Pa
ent:Saturd
ct:RE:Espa
tall theab
generally
ations.
cewithco
hat on ma
elyignore
at each re
icers
activi
eisaviolati
s.
hat I have
tly.Thatis
y I have b
, i.e.staff
usy,thato
aresponsi
gust17(right
ferredtoy
lly put a
itofsame.
STOME
ge12of23
y,June21,
olawayf.y
ovewasw
ets,andth
pliancepa
y occasion
.
staurant in
ty
reports
o
onornot.A
not witnes
hyIfindth
een referr
isusuallyt
urobjectiv
veexpletive
areaisove
uforafor
ice face o
FILE 0
20148:27
.iEspanola
athe too
atnoperso
trolsonEs
s false rep
pected be
r
input
she
ndofficials
ed compli
anomalies
d to forju
obusyres
is togetp
.
grown,trash
alstatem
the city d
02
PMTo:Vill
aydetail
ad receive
alcontacts
anolaWay
rts are fil
named, an
ts,
along
shouldbes
nce officer
soreprehe
stification i
pondingto
eopletoco
npremises
ntofpubli
espite its
r,Manny
,andexpl
aremade
and compl
d. Further
that his o
ith
the
dat
bjecttocri
s including
sible.
s that the
omplaints
mplyandn
policyon
lemishes, I
ined
tthe
iance
ore,
r her
and
inal
their
Code
tobe
otto
hose
look
-
8/10/2019 Miami Beach Code Compliance Criticized
15/25
MYSTERY CUSTOMER FILE 002
Page13of23
Sincerely,
DavidArthurWalters
BrokenSignageOrdinanceTheory:Whereversignageandotherminorlawsarescoffedatdue
tonilorlaxenforcement,itislikelythatfarmoreseriousinfractionscanbefoundbehindthose
signs.
PHOTOGRAPHICNOTES:
Unpermittedsign
in
front
of
Miami
Beach
Community
Development
office
SignsbesidescandalizedMiamiBeachCommunityDevelopmentproject
-
8/10/2019 Miami Beach Code Compliance Criticized
16/25
MYSTERY CUSTOMER FILE 002
Page14of23
SignsandgraffitiexistedformonthsatRussellGalbuts800Firstproject
-
8/10/2019 Miami Beach Code Compliance Criticized
17/25
MYSTERY CUSTOMER FILE 002
Page15of23
Ownerscoffsatprivateinspectorsignageandgraffitiordinancesaspublicinspectorobserves
Typicalscofflawsnosignagepermits,nolicensenumbers
-
8/10/2019 Miami Beach Code Compliance Criticized
18/25
MYSTERY CUSTOMER FILE 002
Page16of23
Ifonlythepublicknewwhatwasreallygoingonbehindthisunpermittedsignwithouttherequiredlicensenumber
-
8/10/2019 Miami Beach Code Compliance Criticized
19/25
MYSTERY CUSTOMER FILE 002
Page17of23
ScofflawsonallfourcornersatLasOlasCafDriveInasusual
JorgePerezisahumungousdeveloper,sohemayscoffatreportedsignageandgraffitiordinances
-
8/10/2019 Miami Beach Code Compliance Criticized
20/25
MYSTERY CUSTOMER FILE 002
Page18of23
Scofflawsonallfourcorners,truckblockingStopsignendangerspublic
ThepreviousownerofLasOlasdidnotpayconcurrencyfees.TheCommissionhonoredhimforhiscontributions.
LasOlasCafisfrequentedbycityofficialsandissaidtobetheplacetomakespecialarrangementswiththem.
-
8/10/2019 Miami Beach Code Compliance Criticized
21/25
MYSTERY CUSTOMER FILE 002
Page19of23
Copsownthestreets,butshouldciteparkingviolationsonallfourcorners
-
8/10/2019 Miami Beach Code Compliance Criticized
22/25
MYSTERY CUSTOMER FILE 002
Page20of23
Uzbekbelly
dancer
Nadira
Alleva
scandalized
aBritish
diplomat.
She
must
visit
South
Beach.
-
8/10/2019 Miami Beach Code Compliance Criticized
23/25
MYSTERY CUSTOMER FILE 002
Page21of23
[NOTES]
20101101 LTD 2952010 Jorge Gonzalez to Commission: I have asked Robert Santos
AlbornaSenior
Administrative
Manager
in
the
Building
Department
to
fill
the
Code
Compliance
DivisionDirectorpositionHewillact inthatcapacityuntilmorepermanentstaffingdecisions
aremadeThisassignmentwillbecomeeffectiveWednesdayNovember32010 Iamsureyou
willfindRoberttobeverycapableandabletoaddressanycodeissuesyoumaydealwith.
20120423EmailTobintoGonzalez:FortheentiretermforwhichIhaveservedIhavefaced
enormous hurdles whenever I sought information relative to mistakes, inefficiency,
incompetence, overspending, waste, criminal conduct or lack of oversight. You have always
fought hard and successfully to keep these matters strictly within your purview citing your
managementprivilege.Commissionersonly receive information throughyou.Allhandpicked
departmentheadsandexecutivelevelemployeesforwhichyouhavelongstandingfriendships
guardthis
information
insuring
information
of
any
negative
nature
whatsoever
does
not
go
to
a
Commissioner.Ofcoursewecannotexerciseanyeffectiveoversightovermanagementwhen
anyinformationthatmaytendtosuggestmistakes,inefficiency,incompetence,overspending,
waste, criminal conduct or lack of oversight by management is withheld from us (unless it
reachestheMiamiHerald).
20120423EmailGonzaleztoTobin:Iamhappytosharewithyouanythingyouwish.All
youhavetodoissimplycallmeandask(asyouhavedoneinthepast).Asitrelatestoaccessto
information,youhavehadaverygoodabilitytoacquireinformation.Onseveraloccasionsyou
haveaskedmeaboutmattersthatcametoyourattentionfromsourcesotherthanfrommeor
through official administration sources. I have always researched and provided you with
whateverIknew
or
found
out.
Iwill
continue
to
do
so.
20120424 Email Tobin to Gonzalez: Apparently you and the Mayor advised the Miami
Herald Editorial Board that Commissioners are taking campaign contributions for fixing code
violations.The Commission has very little say so in regards to the day to day operations.
CommissionersarenotprivytoANYmattersofemployeemisconductormalfeasance.Weget
that type of information from newspapers, blogs and the rumor mill. Commissioners have
complainedmanymany (sic)timeseven inourretreatsthatyoudonotholdyourexecutives
accountable.Asforyourassertionthatyourecommendedanauditofthecodedepartment
andwerejectedtheidea.MymemorydiffersfromyoursandI'mbettingthematterisontape.
In factmanyoftheresidentswantedanauditandyousuggestedwewaitawhilesinceyour
Director,RobertSantoswasnewtothejobandbyallaccountsthedepartmentwasdoingwell.
The residents thought the unfounded rate was suspiciously high and you assured us no
corruptionexisted.Youwereastrongadvocatefornoaudit.
20120602EmailWalterstoTobin&Commissioners:EDITORIAL:Weshouldnotbedeceived
intothinkingthatchangingcitymanagersisgoingtochangealongstandingculture,muchofit
informal.Whosoever takes theofficewillhave toadjust to the statusquounlessa radical is
-
8/10/2019 Miami Beach Code Compliance Criticized
24/25
MYSTERY CUSTOMER FILE 002
Page22of23
brought inandgiven temporarydictatorialpowersexceptover thebudget (as inRome).The
salient features of his background should be courage, honesty, and intelligence. Formal
educationandwhetherornots/heinhaledornotshouldbeattheendofthelist.Jorgeshould
haveremained inhisposition foranotheryear inordertotakeadvantageofthe impetus for
reformi.e.arealcrackdown,andsavesomefacetoboot.Obviously,certainreformersdidnot
wantthat
crackdown,
and
have
interests
rooted
in
the
very
corruption
they
pretend
to
desire
torootout.Allthecurrentcommissionersshouldbereplacedassoonaspossiblewithaslateof
cleancandidates.PerhapsJorgeshouldconsiderrunningformayoronastrongmayorcharter
reformplank.
20120602EmailTobintoWalters:CanIbuysomepotfromyou?
20120602EmailWalterstoTobin:Soldout in71when IcoppedouttotheMan.TryGreen
Square.
20120602EmailWalterstoDelVecchio:GreenSquaremanagestheFlamingoTennisCenter
heavypot
use
by
principals
and
pros,
excluding
themselves
from
drug
tests
the
manager
is
CommissionerWeithornsbrotherinlaw,didtimeforcocainetraffickingtherelevancyforme
wasthecity's(esp.KevinSmithinParks,JorgeGonzalez)lackofoversightandnegligence.
20130605MemoFinanceCommitteeMoralestoCommission:DivisionCommanderCardeno
discussedCl01JobresponsibilitiesthatstatetheCityshouldimplementapolicythatrequires
Code Compliance Supervisors to perform periodic, but at a minimum monthly, productivity
reviews. The supervisors should review the Officer Daily logs to verify the officers spent the
required time patrolling for sanitation, the time spent in each location of each zone, the
complaints that are recorded for each zone and the violations written in each zone by their
officers.These reviewsshouldbedocumentedand filedso thattheyarereadilyavailable for
reviewby
auditors
or
other
interested
parties.
Management
agrees
that
Code
Compliance
Supervisors do not have a standard process in place for periodic reviews of subordinate
productivity.DivisionCommanderCardenothendiscusseditemCD04thatrecommendsthat
theCityimplementaprocedureorautomatedcontrolwithinthenewcasemanagementsystem
thattheyareseekingtoutilizethatallowsthecasefilestobecreatedfromthecomplaintfiles.
Thenewsystemshouldhavethecapabilitytoautomatically linkthetwo.TheCityshouldalso
implement a procedure to review and document a daily reconciliation of the XC and the
corresponding CE to confirm the information has been inputted accurately. Management
agrees with the recommendation that the City should develop a procedure or automated
control within the new case management system (Accela) that allows the case files to be
createdfromthecomplaintfilesandhavethecapabilitytoautomaticallylinkthetwo.
20140115 Memo Morales to Commission: I have determined that it is in the Citys best
interest tomake theCodeComplianceDivisiona standalonedepartment. Indoing so, Ihave
appointed Hernan D. Cardeno to serve as the Director, with Robert Santos as the Assistant
DirectoroftheCodeComplianceDepartment.
-
8/10/2019 Miami Beach Code Compliance Criticized
25/25
MYSTERY CUSTOMER FILE 002
P 23 f 23
20140425EditorialbyWalters:OnJanuary15,2014,CityManagerJimmyMoralesadvised
themayorandthecommissionthathehaddeterminedthatitwasinthebestinterestoftheto
maketheCodeComplianceDivisionastandalonedepartment,toappointHernanCardeno its
director, and Robert SantosAlborna its assistant director, because they had earned the
opportunity to lead the proposed department. Therefore he asked for the commissions
consentas
per
Section
4.02
of
the
Charter.
Cardeno,
asworn
police
officer,
was
been
put
in
charge of the Code Compliance Division nearly two years past during the course of an FBI
investigationofwhichSantosAlbornawasonepersonofinterest,buthereturnedasdirector
of the division under Commander Cardeno when the investigation of SantosAlborna turned
outtobefruitless.Moralesprovidednoobjectiveevidenceforimprovementinthedivisionin
his prayer for the commissions consent, and the citys independent auditor said he has not
conductedanauditofthedivisionsperformancesincetheFBIscandal.Anecdotalinformation
besidestheblatantlackofproactiveenforcementofsignagelawsuggeststhatperformancehas
grownworseexceptforSantosAlbornashelpfuloutreachtothecommunity.
20140421 Email Walters to Beauchamp: Mr. Cardeno promptly fulfilled his portion of my
requestwith
various
documents,
two
of
which
were
of
great
interest
to
me:
1)James
J.
Sutter's
30November2012AnalysisofCodeComplianceandFirePreventionComplaintsandCasesfor
the Period 1 January 2010 thru 30 April 2012, and 2) Jimmy L. Morales' 15 January 2014
MemorandumtotheMayorandCommissionontheSubjectof"AResolution....Consentingto
theAppointmentofHernanD.CardenoastheDirectoroftheCodeComplianceDepartment...."
Would you please confirm with our esteemed auditor that his department has issued no
reports subsequent to 30 November 2012 auditing or addressing the performance of the
ComplianceDivision (nowDepartment)sincethen,or,ifareportorreportshavebeenmade,
tosendthemalongtome.
2014
04
22
Email
Sutter
to
Beauchamp:
Our
department
has
not
issued
any
reports
subsequent to 11/30/2012 regarding the audit or performance of the Citys Compliance
Division.