Miami Beach Code Compliance Criticized

8/10/2019 Miami Beach Code Compliance Criticized

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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.


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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.


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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


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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.


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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.


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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)


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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.


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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]


9/25


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


10/25


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


11/25


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.


12/25

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13/25


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


14/25

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iance

ore,

r her

and

inal

their

Code

tobe

otto

hose

look


15/25


Page13of23

Sincerely,

DavidArthurWalters

BrokenSignageOrdinanceTheory:Whereversignageandotherminorlawsarescoffedatdue

tonilorlaxenforcement,itislikelythatfarmoreseriousinfractionscanbefoundbehindthose

signs.

PHOTOGRAPHICNOTES:

Unpermittedsign

in

front

of

Miami

Beach

Community

Development

office

SignsbesidescandalizedMiamiBeachCommunityDevelopmentproject


16/25


Page14of23

SignsandgraffitiexistedformonthsatRussellGalbuts800Firstproject


17/25


Page15of23

Ownerscoffsatprivateinspectorsignageandgraffitiordinancesaspublicinspectorobserves

Typicalscofflawsnosignagepermits,nolicensenumbers


18/25


Page16of23

Ifonlythepublicknewwhatwasreallygoingonbehindthisunpermittedsignwithouttherequiredlicensenumber


19/25


Page17of23

ScofflawsonallfourcornersatLasOlasCafDriveInasusual

JorgePerezisahumungousdeveloper,sohemayscoffatreportedsignageandgraffitiordinances


20/25


Page18of23

Scofflawsonallfourcorners,truckblockingStopsignendangerspublic

ThepreviousownerofLasOlasdidnotpayconcurrencyfees.TheCommissionhonoredhimforhiscontributions.

LasOlasCafisfrequentedbycityofficialsandissaidtobetheplacetomakespecialarrangementswiththem.


21/25


Page19of23

Copsownthestreets,butshouldciteparkingviolationsonallfourcorners


22/25


Page20of23

Uzbekbelly

dancer

Nadira

Alleva

scandalized

aBritish

diplomat.

She

must

visit

South

Beach.


23/25


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


24/25


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.


25/25


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.

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Miami Beach Code Compliance Criticized

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