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8/11/2019 Oig Preliminary Report
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F F1 E
)I · I II r t ls
p ECT ) H c E \ ERA L
P RELIMJNARY R POR T
R
: N ISCONDUCTBY D
EE
RFIE
L
B E CH A1AYOR J
EANRO
SUMMARY
In May 2014, the Broward Office of the Inspector General (OIG) began an investigation based on
allegations that City of Deerfield Beach (City) Mayor Jean Robb misused her elected position. The
OIG had received allegations that Mayor Robb, in her official capacity, improperly solicited two
charitable donations made by the owner (Owner) of a local luxury automobile dealership.
Although the OIG investigation did not substantiate those particular allegations, we detennined
that after the Owner made the charitable donations, the Mayor used her position
to
attempt
to
obstruct the City's code enforcement efforts involving the dealership. Specifically, Mayor Robb
told a Broward heriffs Office Deputy who was the City's code enforcement officer that I want
you
to
leave [the dealership] a l o n ~ He
just
gave me two 500 checks.
The investigation also uncovered other instances of misconduct by Mayor Robb, to wit: (1) using
her position to obtain benefits for her church and pastor by directing City s taff to issue an
employee parking sticker to the pastor, and to use City employees and equipment to clean the
church's parking lot; (2) attempting to block the City from awarding a contract to a vendor he
personall y disfavored; (3) unilaterally committing the City to pay for transportation for a Little
League baseball team in circumvention of procedures that required the participation and approval
of City employees; and (4) attempting to personally direct the duties
of
the City Purchasing
Manager. In furtherance
of
her aims, Mayor Robb repeatedly personally dir cted and attempted
to
personally direct the duties of City employees- and committed City resources in
so
doing
without the requisite knowledge or authorization
of
the City Manager,
as
plainly required by the
City's charter and code.
The OIG also received allegations that Mayor Robb accepted a gift valued at over $50 and
misappropriated gifts given to the City, but those allegations wer not substantiated by the
investigation. In addition, the OIG received a
ll
egations that Mayor Robb violated Florida' s
Sunshine laws by attempting to block residents' emails and by using her personal email address
to communicate with City staff, but those allegations were unfounded.
The
OIG investigation established probable cause to believe that Mayor Robb engaged in acts
of
ethical misconduct. The OIG wi ll be referring this matter to the Florida Commission on Ethics,
and
the
City, for their independent as essment
of
the application
of
state and local ethics laws.
ection 2 .0 I(A)(2) of the Cha ier of
Brow
ard County (Charter) defines misconduct to include any violation ofan y state
statute or code, any violation ofany county or municipal ordinance or code , or conduct involving corruption or abu se.
OI
G 14-0 17
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PRELIMINARY
R
EPORT
RE:
MISCONDUCT
BY
CITY OF
D
EERFI
E
LD
BE
C
I-1/viAYOR J
E N
R OBB
name of the charitable organization, the event for which the funds were solicited, and
the name of any individual or entity that may have promoted the solicitation. The fo
rm
shall be filed for public inspection. . ..
3. The requirements and prohibitions oftbis subpati ball not apply to actions
of
an
Elected Official in connection with charities or fundrais ing events sponsored by the
official s governmental entity. . ..
Limits on the A uthority
of
he
A1
a
yo
r ofDeerfield Beach
The Deerfield Beach City Charter expressly limits the manner in which the Mayor is allowed to
interact with city officers and employees, nan1ely, that such interaction be made through the City
Manager. These limitations clearly manifest the intent
of
the Chatier to separate the City s
legislative functions from those of the executive.
2
City Charter§ 3.06, Mayor and vice mayor,
provides:
(a) Mayor. The mayor shall pre ide at meetings of the commission and shall be recognized
as head
of
the city government for all ceremonial purposes; ... and as the city official
designated to
represent the city in all agreements with other governmental entities or
certifications to other governmental entities but shall have no administrative duties
except as required to carry out the esponsibilities herein (Emphasis added).
City Charter§ 3.09, Prohibitions, states in relevant part:
(3) Oversight
of
administration. Except for the purpose
of
inquiries a11d investigations, the
commission or its members hall deal with city officers and employees who are subject
to
the direction and supervision of he City Manager solely through the City Manager,
and
neither the commission nor its members shall give order
to
any such officer or
employee, either publicly or privately. (Emphasis added). othing in th foregoing is
to be construed to prohibit individual members of the commission from examining by
question and personal observation all aspects
of
city government operations so as
to
obtain independent information to assist the member in the formulation of policie
to
be con
id
ered by the commission and assure the implementation of such policies as
have been adopted.
t is the expre s intent of his provi ion, however, that such inquiry shall not interfere
directly with the regular municipal operations of he city and that recommendations for
change or improvement in city government operations be made to and through the City
Manager. (Emphasis added).
2
The Charter limitatio ns were
imposed on
February 14 1989 during Mayor Robb s first turn in office.
OIG
14-01 7
Octobet·
2,
2014
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PR LIMINA
Y
R EPORT
RE
:
MISCO
NDUCT BY CITY
OF
D
EERF
IELD B E CH M YOR l
E
R OBB
Misuse
of
Public Position
The Florida Ethics
Code
prohibits a public officer from using and attempting to use her official
position to secure a personal benefit for herself, or for others. F.S . § 112.313 , Standards
of
conduct
for public officers, employees
of
agencies, and local government attorneys, states in pertinent part:
(6) Misuse of Public Po ition.- To public officer, employee
of
an agency, or local
government attorney shall cotTuptly use or attempt to use his
or
her official position or any
property or resource wh ich may be within his or her trust, or perform his or her official
duties, to ecure a special privilege,
benefit
, or exemption for
him
se
lf
, herse
lf
, or others.
F. . 11 2.3 12, Definitions, describes corruptl
y
as:
(9) Corruptly means done with a wrongful intent and for the purpose of obtaining, or
compensating or receiving c
ompe
nsation for, any benefit resu lting from some act or
omission
of
a public servant which is inconsistent with the proper performance
of
his or her
public duties
The Deerfield Beach City Code of Ethics (City
Et
hics Code) mirrors the state prohibition
ofthe
use, and attempted use, of official position for either personal gain or gain fo r others. City Code§
2-502, Required and prohibited conduct, states in relevant pati:
(e) A regulated officer shall not use
or
attempt to use his or her official position to
improperly or unreaso nably requ est, grant or obtain in any manner any privileges,
advantages, benefits or exemptions for themselves or others that are not available to
those generally avai lable to city residents or which are not specifically incident to their
position and the conduct
of
their public duties. . ..
(p) A regu lated officer sha ll not, directly or indirectly, induce, encourage, or aid anyone to
violate any provision of this ethics code.
cce
ptance o Gifts
The Broward Ethics
Code
and the City Ethics Code both imp
ose
limits on the source and value of
the
gifts received by regulated individuals such as the Mayor. The Broward Ethics Code states
that:
ec. 1
-1
9(c), tandards of Conduct.
(
1
Acceptance
of
Gifts.
(a) Elected Officia ls
...
shall n
ot
accept gifts, directly or indirectly , regardless of value,
from lobbyists registered with the governmental entity on who e behalf they (or their
spouse, regi tered
domestic
partner, or relati e) serve, or from any principal or
OIG 14-01 7
October 2, 2014
Page 4
of
22
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\ IW 11 < I JI 1111 ( \ ,1 1 <
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PRELl 11NAR Y R EPORT
RE: lv ISCONDUCT
BY CITY
OF
DE
E
RFI
ELD B
E C
H
J'r A
YOR J E N R OBB
emp loyer of any such registered lobbyist, or from vendors or contractors of such
governmental entity
(b) Elected Officials may accept gifts from other sources given
to
them in their official
capacity, where not otherwise inconsistent with the provisions of Florida tatutes
Chapter 112, Part III, up to a maximum valu e of 50.00 per occunence. Gifts given
to
an Elected Official in his or her official capacity up to $50.00 in value are deemed
to
be
de minimis
The City Ethics Code, D.B.C. Code§ Sec. 2-502, Required and prohibited conduct, states in part:
(o)(l) A regulated officer ... sha ll not accept a gift as defined in F.
S.
§ 112.312 in excess of
50.00 (during any calendar year) from any person or entity that a regulated officer
mows, or has reason to believe, has received or sought a land use plan amendment,
development permit (other than a building permit) or contract or the payment of city
funds from the city within the previous two years or within six months of the date the
regulated officer assumed his or her respective office, wh ichever is shorter.
INVESTIGATIO N
This investigation was predicated on information alleging that Mayor Robb engaged in misconduct
by misusing her elected position. The OrO investigation ubstantiated the
inf
ormation
by
finding
that Mayor Robb attempted to use her position to obstruct City code enforcement efforts involving
a local dealership that donated to her chosen causes; used her position to obtain benefits for her
church and pa tor; attempted
to
block the City from awarding a contract to a vendor he personally
disfavored; unilaterally committed the City to pay for transportation for a Little League baseball
team; and attempted to personally direct the duties of the City Purcha ing Manager. The OrO
investigation did not substantiate allegations that Mayor Robb improperly solicited two charitable
donations, accepted a gift valued at over $50, or misappropriated gifts given to the City.
In
addition, allegations received by the
oro
that Mayor Robb violated Florida's Sunshine laws were
unfounded.
This investigation included the examination by OIG Special Agents of substantial materials
including Parks and Recreation Department logs; City Commission minutes; City Commission
aud io and video recordings; ity emails and correspondence; and materials obtained through
internet research. oro pecial Agents also conducted interviews
of
numerous current and fom1er
City staff, several witnesses from the BSO, Mayor Robb s church pastor, and Mayor Robb.
3
3
OIG
pec
ial Agents originally interviewed Mayor Robb
in
fay 2014. After we di scovered
ftmh
er info
rmati
on that
implicated her in misconduct,
she
declined
ow·
invitation to interview a second time.
OIC
14-017
October 2,
2014
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Ill
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PR
ELIMINARY
REPORT
RE:
MI
SCONDUCT BY CITY OF D
EERFIELD
B
E CH
M
Y
OR l E N ROBB
Jllfayo r Robb
Did
ot Improperly Solicit Charitable Donations
The OIG [nvest[gation commenced after we received allegations
th
at the owner
of
a luxury
automobile dealer hip
in the City gave Mayor Robb or the City $1,000 in charitable donations, and
that Mayor Robb then donated the money to charities of her choice. This raised a concern about
whether
Mayor
Robb violated the Broward Ethics Code s limitations on charitable
so
licitations,
and whether she
ma
y have misappropriated money intended fo r the City.
On May 14, 2013 , Ma
yo
r Robb acknowledged to OIG Special Agents that at the May 6, 20
14
, City
Commission meeting, she announced her receipt and
di
sbmsement
of
donations
to
two local
organizations. They were the Deerfield Beach Hi torical Society, a nonprofit that identifies, preserves,
and main tains historical sites in the City, and Family Central, Inc. (FCI), a nonprofit that provides
childcare education, childcare, and referral services.
4
Mayor Robb explained that a friend
of
hers had
informed her
th
at the owner
of
Domani Motors asked
to
meet her, and her friend thereafter arranged
the
mee
ting at the dealership. She said this was the first time she had ever met the Owner.
Hi
s wi
fe
wa
also
pr
esent at the meeting. After the Owner asked Mayor Robb if she had any local
recommendations fo r the receipt of charitable donations, she suggested the Hi torical Society a
nd FC
I.
Th
e Owner' s wife then exited and returned a short time later with a $500 corporate check made
payable
to
each of those organizations, both dated May 5, 20
14.
(See non-executed copies
of
the
checks, attached as Exhibit 1)
Thereafter, Mayor Robb mailed the checks to the charities, each wit h a cover Jetter on City stationery
that began, I had the occasion to meet with [the Owne
r] ofDom
ani Motors who wished to make a
contribution to whatever worthy cause I determined. (Exhibit 2) The letters also said that she
intended to honor the Owner for thi act at the May 20, 20
14
, Commis ion meeting. Thereafter,
Mayor Rob b did present certificates
of
recognition
to
the Owner and hi s wife at the May 20 meeting.
Duri
ng
her interview, Mayor Robb stated that she could not recall
the
date or time
of
the meeting,
but
that she had filed a Broward Ethics Code Charitable Contribution Fundraising Di sclosure Form not ing
the donations . he then arranged for a City
staff
member to deliver a copy
of
a disclosure form to OIG
Special Agents. The
fo
rm noted the date
of
solicitation as May 4,
20
14.
5
•
6
(Exhibit 3)
Mayo r Robb stated that neither the dealership nor the Owner had any current or pending matters
before the Commission. She also stated that she did not know whether they had any pending code
enforceme
nt matters. She further stated that the City s budget included a li ne item for
contributions to FC
I,
and that the Historical ociety had received C
it
y funding in the past.
4
FCI
and the
Hi sto
ric
al ociety websites repo rt
th
at they are
regi
stered under
the
Interna l Revenue Code as 50 I(c)(3) not
fo
r- profit
tax exempt corporations.
Flo ri da
corporate records identified the organ iza tion as Florida nonprofit corporations,
and n
eithe
r Mayor
Robb nor any
el
ec
t
ed
City official
was
a
co
rp
orate officer or
board
member
of
e
ith
er or
gan
izati
on
.
The Cl
erk
informed us that the Mayor passed the form to her during the May 6, 20 14, Comm iss ion meeting and that she
had inadve rtently
fai
led to date stamp and
file
the form for pub lic inspection (that is, po st it on
the
City's sea rchable
internet database) . The Cle
rk
remedied these deficiencies following our inquiry about
them
in August 20 14.
6
Mayor obb tol d the OIG tha t the City Attorney adv ised her
to
complete the form noting the donations. The City
Attorney. who was present for Mayor Robb's interview, explained that he
did
not
believe the circumstances requir
ed
the
disclo su re
fom
but, in an abundance of caution and in the in terests of transparency, he adv ise d the Mayor
to
file
it.
OIG 14- 017
October
2,
2014
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IW\\
\ W 0111 I 0 1 \-.P I C l 0 1 C I I H \ I
PRELIMIN RY REPORT
R.E:
MISCONDUCT BY CITY OF D EERFIE
L
BE CH M YOR ROBB
Manager confim
1
ed to OIG Special Agents that the C i t ~ had budgeted contributi_on to
'torical ociety in fiscal years 1998, 1999, and 2003, and that 1t had b ~ d g e t e d .15 ,0?0 m .
December 2013. He stated that the City had also provided in-kind d o n a ~ 1 n
.to
H: toncal .
oc1ety.
He fu rther stated that, since at lea t 1998, FCI wa in a contractual relat10n hrp w1th t h ~ C1ty to.
provide social services such as childcare for local low-income families. In 2014, the I ~ y provtded
9,000 in local matching funds to FCI in conjunction with funding from the Federal Ch1ld Care
Block Grant and Early Learning Coalition of Broward.
The OIG s investigation concluded that the Mayor's conduct may have constituted a charitabl
solicitation and that there may have been an understanding between the parties for a direct or indire
benefit. However, we also concluded that, because the City in fact sponsored these charitable entit
she met the exception
to
the limitations on charitable fundraising
as
enumerated in the Broward Et
Code. Accordingly, the allegations that Mayor Robb improperly so licited charitable donations wer
not substantiated.
lvfayor Robb Improperly ttempted
to
Influence Code Enforceme
nt
Efforts
The
Owner acknowledged
to
OIG pecial Agents that his dealership had been the subject of
ongoing code enforcement efforts for parking code violations, although he did not believe that
there were any outstanding code violations at the time of his meeting with Mayor Rob
b.
The last
enforcement action he could recall had been approximately two months ear
li
er. He stated that,
during the meeting, he did not discuss code enforcement issues or violations related to his bu iness
with the Mayor, ask for her assistance, or suggest that she peak to code enforcement officials on
his behalf regarding any pending or future matter .
The OIG met with a Broward
heriffs
Office Deputy who
is
the field supervisor of the City Code
Enforcement Di vi ion (the Deputy). According to the Deputy, Code Enforcement had i sued the
dealership code violation warnings a number of times for what he described as minor violations
regarding where it can park its vehicles. Among other re tricted area , the Owner had been
parking vehicles on the property
of
Florida Power and Light (FPL) without expre s permission.
On April 23, 2014 the dealership received two warnings for parking on vacant lots, but a May 6,
2014, inspection determined that there was compliance, and Code Enforcement was not going
forward
in
that matter.
The
Deputy told us that, one or two days prior to the May 6, 2014, City Commission meeting,
Mayor Robb called him and said, [Deputy] , I want you to leave Domani Motors alone. He just
gave
me
two 500 checks. The Deputy stated that he notified Mayor Robb of the
violations-
which he did not describe in detail
to
h r and she then replied that the Owner told her he had
permission to park on the FPL property, o that the dealership wa not in violation. The Deputy
responded to Mayor Robb that he would talk
to
the Owner but he informed u that he later thought
that could be con idered improper, given the involvement of Mayor Robb and the fact that the
parking violations were actually another code inspector's job responsibilities. The Deputy told u
that
he
believed the purpose ofMayor Robb's call was to influence the code enforcement effolis
regarding the dealership, but he stated that it would not.
OlG
14-017
October
2, 2014
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I I ( I l I{ , I \ { \ I
PR ELIMINARY
R EPORT
RE: MISCONDUCT BY CITY OF D
EERF
IELD B E CH M YOR J E N ROBB
On May 14
, 2014, in response to a question from an OIG Special Agent about whether she was
aware whether there were pending code vio lations, she said she was not. Contrary to Mayor
Robb' s sta
tem
ent to the Deputy regarding her conversation with
the
Owner, the Owner denied to
OIG Special Agents that they had di cussed the parking problem .
The Deputy stated to OIG Special Agents that he immediately informed the BSO
li
eutenant in hi
chain
of
comm
and about the ubstance
of
Mayor
Robb s
call. ome days later, the Deputy
s
Captain received a telephone call from Mayor Robb, who asked him to tell the Deputy to disregard
what she had sa id.
7
The Captain told OIG Special Agents that, at the time he received the
telephone call , although the ca
ll
was brief and he did not under tand the context of her request, he
did not think it was unusual behavior for Mayor Robb. He contacted the Deputy and conveyed
th
e
message. The Deputy later explained to the Captain that Mayor Robb initially telephoned him (the
Deputy) and told him to back
off
the dealership , and that Mayor Robb s contact with the Captain
was related to that te lephone call. The Captain told us that he instructed the Deputy not to back off
enforcement efforts against the dealership.
The
D
ep
uty also informed the interim City Director ofPla1
ming
and Development ervices (the
PO
Director
,
who
oversees the City's interests in code enforcement matters, about Mayor Robb
s
call
approximately one week prior to the May 20, 2014,
Comm
ission meeting during which she presented
certificates of recognition to the Owner for his donation . The PDS Director acknowledged that the
Deputy had called her and informed her about Mayor Robb s call to him to stop picking on the
dea
lership for code enforcement, that they were good people, and they had given money to local
ch
ar iti
es.
he told OIG Special Agents that during a May
14
ag nda preparation meeting for the
May
20 Co mmiss ion meeting, she informed the City's management staff, the City Attorney, the City Clerk,
and the City Manager about Mayor R
obb s ca
ll to the Deputy.
The
0 IG investigation found probable cause to believe that Mayor Robb engaged in misconduct in
viol
at
ion
of
the Florida Ethics Code and the City Ethics Code when she improperly attempted
to
influence the code enforcement efforts affecting the Owner
of
a dealership w
ho
made $1,000 in
donations to two local charities
of
her choice, for which she took credit. he used her official position
in an at
tempt
to
obtain benefits
fo
r the Owner and his dealership that are not genera
ll
y ava
il
able to
City
res
idents, through actions that were inconsistent with the proper perform ance of her lawful duties.
Fina lly, her attempt to have the Deputy disregard her actions evidenced that she understood what she
had do ne was wrong.
A fayo
r Robb Improperly Procured a City Parki
ng
Sticker
and City
Cleaning Services
The OI
determined during the inves
ti
gation that Mayor Robb directed City staff to issue, at no
charge, an employee parks and recreation parking sticker (PR sticker) to the pastor of Saint Ambrose
Church, of
wh
ich she is a pari hioner. The City did not make avail
ab
le the PRS sticker to City
res idents at any price; a resident parking sticker, with significantly lesser privileges, would cost a City
7
By
then,
the OIG had begun its inquiry including, on or about May 7, 2014, contacting Mayo r Robb's office and
leavin
g a
message requesting she discuss the Owner's donations with
us.
ore 14-01 7
October
2, 2014
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BHO\\
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PRELIM
NARY
R EPORT
RE : MISCONDUCT BY
CITY
OF DEERFIELD BE CH M YOR JE N R O
resident $100 for one year.
8
( ee sample PRS sticker, attached
as
Exhibit 4). We also determined that
Mayor Robb directed City staff to employ City personnel and equipment to clean the St. Ambrose
church parking lot for free.
pecifically, the Parks and Recreation Department (PRD) Director stated that in the fall of2013,
without prior notice, Mayor Robb presented herself at the PRD office and asked for a parking sticker
for
the
Pastor. She made it clear that she wa refening to a PRS sticker and not a resident beach
sticker, and told the PRD Director that she thought the City had previously i sued aPR stick r
to
the
Pastor. The PRD Director replied that she had never issued a PRS to the Pastor or any other person
who
was
not a City official or City staff, but that she would check. Mayor Robb re ponded to the
PRD Director, in the presence of her staff, Make sure you follow up. The PRD Director told OIG
Special Agents that she believed Mayor Robb was implying that she would be
in
trouble if she did not
i sue the PRS sticker to the Pastor. The Director said that none of her staff could recall the Pastor
previously receiving a PRS sticker.
The PR
Director stated that, within five to ten minutes after leaving her office, Mayor Robb called
back
and
confinned that what she wanted was a PRS sticker for the Pastor and that she would
immediately be returning to the PRD office to get
it.
Within minutes
of
the telephone call, Mayor
Robb, in fact, returned. She provided the Pastor
s
vehicle description and tag number to the PRD
Director . The PRD Director then gave Mayor Robb the PRS sticker for the Pastor. The PRD Director
told the
OIG
that she felt obligated to comply with Mayor
Robb s
request, and a few days after she
issued the PRS sticker she informed the City Manager about it.
The City Manager informed
OIG
Special Agents that his office staff told him that Mayor Robb
contacted the office requesting that the Pastor be issued aPR sticker.
He
stated that he did not intend
to give the Pastor a PRS sticker, because they are only for elected officials and staff, and
he
did not
respond back to Mayo r Robb. The City Manager said that, some days later during a City directors
meeting, t
he
PRD Director told him that she
is
ued the Pastor a PRS sticker at the Mayor's request.
The
City Manager decided that, since the PRS sticker had already been
is
sued and given to the Pastor,
he was not going to seek its return.
The Pa tor told us that, orne months ago, he found a new parking
st
icker on his desk. He wa not
certain if he had requested it or to whom he made any such request. After he became aware that
someone made an issue of it , he removed it. The Pastor acknowledged speaking to the City
Manager about the sticker, saying that he never needed one in the past and, since removing it, he
will
pay
to park.
With regard to the City's cleaning of the
t.
Ambrose Church parking lot, the Environmental
Services Department (ESD) Assi ta.nt Director stated that sometime around Lent (March 5 to April
20, 2014), l1e received a telephone call from Mayor Robb, who requested that he assign a street
8
The
City
provides residents with beach parking stickers
for an
annual
fee
of$100. The
se
permit residents
to park in
designated areas. The PRD issues PRS stickers to City emp loyees and officials whose City duties would require them
to
park
their
personal vehicles at the City beach and parks. A PRS st icker a
llows
its ho lder to park at otherwise restricted
or
prohibited parking areas. The
PRS
sticker
can be
affixed only one time
and
is normally destroyed
when
removed.
O IG 14-017
October 2, 20 14
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IJIHJ\\
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PRELIMINA
RY R EPORT
RE: MISCO
NDUCT
BY CITY OF
D EERFIELD B
E C
H
M YOR
J
E N
R OBB
sweeper
to
service the parking lot of the church prior
to
6 a.m. the next day. He did not direct
Mayor Robb
to
the City Manager or his supervisor, but rather agreed to arrange for the cleaning
because he considered her request as being told to do it.
The Pastor stated that the City has swept the church parking lot for many years, particularly after
church festivals, which past mayors and city managers have approved. He said that, around Lent,
as
he had
done in the past, he called someone in the City and requested him or her
to
arrange
to
sweep the parking lot, which was done.
The
ES
D Director told the OIG that, on the Monday after its completion, theE D Assistant Director
informed him that he (the Assistant Director) had assigned a street sweeper
to
service the church. The
ESD Director stated that the City does not utilize its street sweepers
to
service private prop rty unless
the City's activities were the cause of debris deposited on the property, such as that which might result
from underground utility repairs or adjacent roadwork. He added that he could not recall authorizing
the sweeping
of
the church or any other private property parking lot, absent cause, nor could he recall
anyone else authorizing such services. The Director
sa
id that the cost to the City to sweep the church
parking lot was minimal; he said that it would have been a small job for a private service provider and
would cost about 200. Neve1iheless, the City Manager stated that, had he been asked, he would
not
have authorized the sweeping of the church parking lot.
9
The investigation found probable cause to believe that Mayor Robb engaged in misconduct when
she improper ly directed the PRD Director
to
assign employee-only parking benefits to her pa tor
and improperly directed the ESD Assistant Director to assign a City street sweeper, at taxpayer
expense, to
sweep the parking lot
of
her church. Mayor Robb's actions violated not only the
Florida Ethics Code and the City Ethics Code, but also the City Charter, because she gave orders to
employees who are subject
to
the direction and upervision of the City Manager, instead ofmak ing
her requests directly
to
him.
Mayo r Robb tte
mpt
ed
to
Ex
clude a
Ve
ndor
from
Contract
o
nsideration
The
OIG
investigation concluded that Mayor Robb engaged in furiher misconduct when she
improperly attempted
to influence the Purchasing Manager to exclude a vendor from the selection
for a pending contract, in violation
of
the City Ethics Code and Charter.
The Purchasin g Manager told OIG Special Agents that hartly after Mayor Robb took office, the
City Commission had directed that a fea ibility study be done in contemplation of transitioning
from the BSO back to a municipal police department, and
he
wa
in
the process
of
researching and
preparing the bid solicitation for the study. The Purcha ing Manager informed the OIG that the
Mayor told him that she did not want the City to permit a particular vendor
to
bid on the
solicita
ti
on
and did not want th City to award the feasib
ili
ty study contract
to
the vendor.
10
This
9
The City Man ager told the OIG that the City has used the church parking lot for specia l event parking, and in such
an
inst
ance
.
he mi
g
ht
authori
ze
the u
se of
the street sweepe
r He
also said that
the
City
ha
s
an
agreement
with the
church
for
mutua l
use of
its facilities, but the agreement does
not
include sweeping the parking lot clean.
1
The Purchasing Director could not recall the identity
of
the vendor.
ore
14-01 7
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HI {
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PR ELIM fNA
RY
R EPOR T RE : MISCO
NDUCT 81'
CITY OF
D EERFIELD B EACH M AYOR J
E N
R OBB
was ou tside the scope of Mayo r Robb s duties and, once again, in contravention
of
the Charter s
proh ibi tio n that she not direct the Ci
ty s
administrative staff members. The Purchasing Manager
repl
ie
d
to
Mayor Robb that the City would not exc lude a vendor from the
so
licitation or selection
and that it would not deviate from the standard procurement process. He said that, after some
research, the City Commission declined to bid out the feasibi
li
ty study altogether, and the City
took no further action.
Nfayor Robb Unilate
mll
y Committed
t Te City to
Fund Tra nsportation
for
a Little League Team
The O G investigation found that
Ma
yor Robb again vio lated the City Charter by conunitting the
City
to
pay for bus transportation services fo r the City-sponsored Little League baseball team and
then directing City staffto facilitate the commitment without conferring with the City Manager or
the app ropriate department head.
In July 201 3, Mayor Robb called the City's Athletic Coordinator and
to
ld him that she had promised a
Little League team that the City would pay for a charter bus to transport it to a multi-day competition
in Tampa, Florida. The PRD Director told the OIG that the City regularly paid for such trips and, if
requested, would likely have approved the expense using the standa
rd
procedures. Although the Little
League team should have submitted the request to the City Manager or the PRD Director, the League
went di rectly to Mayor Robb, who in tum directly contacted the Athletic Coordinator. ( ee the
Athlet ic Coordinator s July 22,2013, email
to
the PRD Director de cribing Mayor Robb s call,
att
ached as Exhibit 5) In addition
to
unilatera
ll
y making the commitment
to
provide a bus for the trip
at City expense, Mayor Robb asked the Athl etic Coordinator to suggest that the City authorize $2,300
for D
av
is Tran portation (Davis) to provide the bus service. The PRD Director aid that, when she
became aware
of the request, he advised Mayor Robb that the team should have made the request
through her (the Director) or the City Manager. We observed that Davis ' s written proposal of July 22,
2013. (Ex hibit 6) bears the facsimile header
of
Mayor Robb s personal fax number. The proposal also
lists '· 1ayor Jean Robb s Group as the proposed clie
nt.
The PRD Director ultimately did approve
Davis as the vendor, which received approximately 2,900 due to the trip b ing an extended an extra
day .
I
Nfayor Robb Improperly A ttempted to Dh·ect th e Duties oftlze Purc wsing Manager
The inYestigation found that Mayor Robb imprope
rl
y attempted to direct the duties of the Purchasing
Manage
r, in violation of the City Charter. The Purchasing Manager stated that in late 20 13 or early
20 14.. whil e he was a member of a multi-departmental committee
to
conduct a citywide parking study
to modemize parking revenue and enforcement efforts, he received a telephone call from Mayor Robb.
he
r
eq
uested that he research the installation
of
parking meter at the Cove
Pl
aza parking lot
to
generate City revenue and asked him to determine how much the City should charge for parking in
that area. The Purchasing Manager told us that he advised her that
th
e setting of parking fees was a
City
or
dinan
ce
Sec. 38 -126(a), grants department heads the authority to purchase goods and se rvices which are less than
$2,500
for a single purchase, subject to a valid current appropriation
for the
items
to
be purchased. The
OIG
did
not
review
the
detai Is of the trip expenditures, and the re lationship between Mayor Robb
and
Davis, if any, was not a focus of
the invesrigat ion.
OIG
14-017
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2, 2014
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\ \ \ 01 1 \ -1 1< I id \ I H \
PR ELIM
NA
RY R EPORT RE : M ISCONDUCT
BY CITY
OF D EERFIELD BE CH
M YOR
J
E N
R
OBS
City Commission policy decision and beyond the scope
of
his position but agreed to look at what
infon11ation was available on parking systems.
The
Pu
rchasing Manager stated that he later attended a January
28,20
14, City Conunission meeting at
which Mayor Robb publicly commented on the request she made
of
him. At that time, the City
Manager openly advised her that
she
should direct her requests thJough him, and he would then assign
the request to the appropriate staff. He offered to continue working with her, saying,
You've
asked
me
for th ings, and
I've
tumed around and given them to you in a quick manne
r.
12
Rather than asse1i
any defense or explanati
on
to the act
of
going around the City Manager, Mayor Robb merely replie
d,
I h
ave
some things I
haven
' t gotten, yet.
A ayor Robb Did Not Accept a Gift Valued Over 50 or iVJisappropriate Gifts Given to th e City
The OI G
received an allegation that, in her official capacity, Mayor Robb received toys from a
local toy manufacturer valued at over $50, in violation
of
the Broward Ethics Code, Sec. 1-
19(c)(l
). The
OIG received a second tip alleging that the toys were a gift to the City and that
Mayor Robb appropriated them by giv ing them to a family
of
her own choice, without
Commission approval.
The
inves tigation did not substantiate the allegations.
We
determined that, at the March 4, 2014, City Commission meeting, representatives
of
a toy
manufacturer headquartered in the City were present to recei
ve
recognition from the City
Commission for the company having rece ived an award from the To y Industry Association. At the
meeting, tl1e company representatives gave two toys directly to Mayor Robb. A verbal exchange
between the Mayor and the company representatives ensued, as follows:
3
Company:
Mayor:
Company:
Mayor:
Compan
y:
Mayor:
Mayor, we've got some gifts for you (unintelligible)- the hottest toy
of
the
year.
I hope
it's
not wo1ih
mor
e than $50.
No (laughing) - no, no it
's
not - it
's
this big, big, big play set for girls who
want
to
pretend to be Doc Me tuffin and actually (unintelligible) their toys.
My six kids and 11 grandchildren thank you.
There
's more
, here
's
a doll from last year (unintelligible).
Anybody have any grandchi ldren that a re that age (speaking to the dais)?
Th
e recorded statements
of
the company representat ives indicated that they gave the toys directly
to Mayor Robb, and they made no statements that suggested they intended the toys to be gifts to
the Ci
ty.
None
of
the Commissioners made any comment that he or she understood otherwise.
The City Manager's statement is e c o r d e d on the 28, 2014, City Com mission meeting video at 03: 12:00.
The \ Ideo
commences at
00:06:5).
It cannot be conclus1ve ly dete
rmm
ed from the video which company representat ive
was
spea
king.
OI G 14
-01
7
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PRELII\ INARY REPORT
RE:
MiSCONDUCT BY CITY OF D EERFIELD B EACH
M YOR
J
E N
R OBB
----------------------------------------
~
2 Interview
of
he Deputy Sheriff
and
de Enforcement Supervisor
The Deputy stated that he has been involved in the code enforcement function for the City
almost continuously since 1997, when the City contracted with BSO for its serv
ic
es. He
currently supervises the BSO civilian code enforcement inspectors. The Deputy's duties
include reviewing code inspection reports, reviewing enforcement action
s,
responding to
inquiries and complaints, attending commissioners '
di
strict and regular Commission meetings,
and attending special magistrate hearings related to code enforcement matters. The Deputy
stated that the goal
of
code enforcement ac
ti
ons is compliance.
The Deputy said that he was famil iar with Domani Motors and its owner, who have generally
come into compliance, except on one occasion, when a matter was brought before the code
enforcement magistrate, who ruled in part for the dealership and in part for the City. The City
had warned the dealership a number of times for what the Deputy described as minor
violations, generally the result
of
site plan restrictions, wh ich operate to limit the location
where Domani Motors can park its vehicles. In addition, the dealership had been parking
vehicles
on
the property ofFPL, without its express permission.
l he
Deputy was present for the May 6, 20 14 , City Commission meeting when Mayor Robb
announced that she received two $500 donations from Dom
ani
Motors for two local causes, the
Historical Society and FCI. The Deputy stated that a day or two prior to the May 6 meeting, he
received a telephone call at
hi
s office directly from the Mayor. The Deputy said that Mayor
Robb to ld him, [Deputy], I want you to leave Domani Motors alone. He just gave me two
$500
checks. The Deputy told her that the dealership had code vio lations pending. Mayor
Robb spontaneous ly rep
li
ed that the Owner said he had permis ion to park on the FPL property
and that the dealership was not in violation . The Deputy said he then told her that FPL denied
gi Ying
the dealership such permission. He informed us that, based on his knowledge
of
Mayor
Robb and the fact that her call was not preceded by or related to any other s
ubj
ect, he
be
lieved
t
he
purpose
of
her call was to influence code enforcement efforts regarding the dealership. The
Deputy said that he did not feel intimidated by Mayor Robb 's conversation, and fe lt
he
had the
supp01t ofBSO ' s administration.
The Deputy said that, some days following Mayor Robb's phone call , the Captain telephoned
him and informed him that he had
ju
st finished speaking to
her,
and she asked that
he
tell
the
Deputy to disregard what she had said . At the time, the Captain was not aware
of
the context
of her request and message. The Deputy observed that the request to disregard could not have
been related to any matter other than the Mayor Robb ' s request that
he
leave Domani Motors
alone .
The Deputy stated that he has not had any further contact
wit
h Mayor Robb since the telephone
call, and he was unaware
of
her contacting any code enforcement
in
spector or any BSO staff
o ther than the Captain) regarding the dealership. The Deputy stated that the Captain directed
that there would be
no
change in e
nf
orcement efforts re lated
to
the dealership, and
he
did not
tell the code inspector respons ible for the dealership area about the call.
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1I
NA RY R
EPORT
R :
M ISCONDUCT B Y
CITY
OF D EERFIELD B E CH
M YOR
l
E N
R OBB
The Deputy stated that it was not
unusua
l to receive a telephone ca
ll
from a City commissioner
regarding code enforcement issues, but that he received more calls from the Mayor. He said
that, in no other case, has a commi ioner improperly attempted to influence code enforcement
action.
3 In terview of he BSO District C
hi
ef and Captain
The Captain (who is also the District Chief) stated that, sometime in May 2014, Mayor Robb
ca lled
him
and asked him to te
ll
the Deputy to disregard what they had talked about. The
Captain aid that, at the time he received the telephone ca
ll
, he did not
know
the context
of
her
request.
He
aid that he did not consider the brevity
of
the call unusual for her. In response to
t
he Mayor Robb s
telephone ca
ll
, he called the Deputy and informed him
of
hermes age.
Some
days later, the Captain received a telephone call from the lieutenant who is in the chain
of
conunand between the Deputy and the Captain. The lieutenant told the Captain that he
had
l
eame
d that Mayor Robb had spoken to the Deputy about Domani
Motors s
code violations.
The Captain stated that, sometime before the May City Commission meeting when the owners
of
the
dea
ler hip received recognition for donating to a local cause, the Deputy told him that
t
he
donations from the dealership were related to the telephone call that the Captain had
received from
Mayor
Robb a few weeks earlier. The Deputy told the Captain that she had
initially telephoned
him
and told him to back off the dealership, and that her call to the Captain
was related to that call. The Captain stated that he then infonned the Deputy that they would
not
be
backing
off
enforcement efforts.
4
In terv
ie
w of
th
e Planning and Development Services Dir
ec
tor
The PD Director stated that the City contracts ou t code enforcement responsibilities to the
BSO, and that the City considers the Deputy to be the supervisor
of
the day-to-day
enforcement efforts. It is her job, in consultation with the City Manager and the City Attorney,
to ad vi e the Deputy on the interpretation and application
of
the City s ordinances.
The PD Director stated that, during a discuss ion with the Deputy about Domani Motors in
May, he to ld her that he had received a telephone call from Mayor Robb. he could not quote
the conversation but said that the Deputy told her that Mayor Robb asked him why he wa
picking on the dealership and declared to him that they were good people and had given money
to local chari ties.
The PDS Director took no action at the time; however, during a May
14
, agenda preparation
meeting for the fay 20, 2014, City Co1m11ission meeting, she observed that the owners of
Domani Motors were
on
the agenda to receive a presentation from Mayor Robb for their
donations She stated that it was dur ing this meeting, attended by the City s management staff,
the City Attorney, City Clerk and the City Manager, that she told the group about Mayor
Robb s
telephone ca
ll
to the Deputy.
OIG
14-017
October
2, 201 4
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B
H<l\\ \ lUI Oi l I(
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j )l{ ,
1
d I{ \ I
PR E
LII\
ARY REPO RT
RE: MISCONDUCT BY CITY OF D EERFIELD B EACH
VIA YOR
l E N
RO
BB
-----------------------------------------------------------------
------
5 IntervieJv of the Parks and R ecreation Director
The
PRD
Director stated that, in the fall
of
2013, her
staff
informed her that Mayor Robb
presented herself, without prior notice, at
her
office reception area and asked about getting a
beach sticker for the Pastor. The staff told
Mayor
Robb she would have to speak
to
the
PRD
Director.
Upon
meeting with the PRD Director, Mayor Robb reiterated her request for a beach
parking sticker for the Pastor. The PRD Director asked her
to
clarify whether she was referring
to a resident st icker
or
a PRS sticker.
Mayor
Robb stated she was referring to a PRS sticker,
and told the PRD Director that she thought that the Pastor had previous ly received one. The
PRD Director told Mayor Robb that she had never issued a PRS sticker to the Pastor or anyone
who was not an elected official or on the City staff, but that she wou ld do so
me
research
and
respond back.
7
Mayor
Robb responded in the presence
of
the PRD staff, Make sure you
follow up . The
PRD
Director stated that she believed that Mayor Robb was impl
yi
ng that she
would be in trouble
if
she did not comply with the request. Mayor Robb left, and the PRD
Director
made
inquiries
of
her
staff
to determine if the City had ever issued the
Pa
stor a
PRS
sticker. She stated that no one could recall
and
there were
no
records
of
it.
The PRD Director stated that, within five to
ten
minutes
of
Mayor Robb leaving the office, she
called back and confinned that she
wa
nted a PRS sticker
an
d that she would immediately
be
c
oming
back to get it. Within minutes
of
the call, Mayor Robb arrived back at her office. The
PRD Director felt she was obligated to
comp
ly with the request and issued the PRS sticker
for
the Pastor to Mayor Robb. She later told the City Manager what had occurred .
The
PRD Director stated that Mayor Robb obligated the City to provide a service without
going
through the City Manager on another occasion. She said that, in July 2013, the Athletic
Coordinator told her that Mayor Robb told him that she had promised a local Little League
team that the City would pay for a charter bus to transport
it
to a multi-day competition in
Tampa, Florida.
The
PRO Director told the
OIG
that, although the City regularly approves and
pa
ys for such trips, the tean1 should have submitted the request to the City Manager or her.
She did not believe the City Manager was aware
of
Mayor Robb ' s request. She said that,
according to the Athletic Coordinator, Mayor Robb also told the Athletic Coordinator that
she
wanted him to recommend that the City authorize $2,300
for
a bus to be provided
by
Davis
Transportation. The PRO Director stated that the City Manager has directed all City
management
staff
to route all
of
Mayor Robb
s
requests through him .
6. In t
erview
of
the Pastor
The
Pastor stated that he has been the pastor
of
the Saint Ambrose Church twice, most recently
from 1993 to the present. He said that he has known Mayor Robb and other City officials
and
emp
loyees for many years. He expressed that he did not want to get involved in discussions
about the PRS sticker. He stated that he
wa
s aware that a local person had made an issue
of
the
PRS
sticker and, as a result , he removed it.
He
said that the City only issued the one sticker
to
7
At
t
he
time, the City had on ly emplo
ye
d the
PRD
Director for approximately two years.
ore
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HH ( l \\ \ l ll ( ) I I H I 0 I f II I [ I I I ( l H ( d I I{ \1
PRELIM fNARY R EPO RT RE: M ISCONDUCT
BY
CITY OF DEERFIELD BEACH
v
AYOR J EAN R OBB
-
him The Pastor acknowledged speaking to the City Manager about it. He stated that he had
never needed one in the past and, since removing the sticker,
he
will pay to park.
T
he
Pastor stated that he received the sticker some months ago, when it appeared on his desk.
He was not certain
if
he had reques
ted
the recently issued parking sticker or,
if
so,
to
whom
he
m
ad
the request.
He
said that
many yea
rs ago, he had a beach parking sticker, but he did not
know if the
new
sticker was the same as he
was
previously issued or even that there were
different stickers.
The Pastor stated that the City had wept the church parking lot for many years, particularly
after church festivals, a practice that
past
mayors and city managers approved.
He
said that,
around Lent, he called someone in the City to sweep the parking lot as
he
had done in the
pa
st
and ,
as
requested , the City swept the lot.
The
Pastor told
us
that his maintenance man
informed him that the current city manager may
not
continue the practice.
7. Interview of h e Environmental Services Department ssistant Direc tor
he
ESD
Assistant Director stated that sometime around Lent (March 5 tlu·ough April 20,
20
14
), Mayor
Robb
called him at his office
and
requested that he ass ign a City street sweeper
to sweep the parking lot
of
the aint
Ambrose
Church prior
to
6 a.m. the next day. He agreed
to provide the service. He stated that the time was not an issue because street sweeping
commences
very early in the moming.
However
, as the street sweeper operator had already
left for the day,
he
had to call him at
home
to tell him about the new ass ignment. The sweeper
cleared the lot as Mayor Robb requested.
In anticipation
of
the OIG interview, the ESD Assistant Director researched his depmiment' s
records but could not find a notation about sweeping the church. He stated that he took Mayor
Robb
s reque t as being told to do it.
He
did not immediately te ll the ESD Director about
her request, and he did not inform the City Manage
r
It was
on
ly sometime after he completed
the a sigrunent that the E D Director became aware
of
the matter. He said that
he
could not
reca
ll
any other such requests from Mayor Robb or the City Commission.
8
Interview
of
h e Environmental Services Department Director
The ESD Director stated that, sometime in Apri l 20 14 ,
theE
D Assistant Director infom1ed
him that he had authorized the sweeping
of
the Saint Ambrose Church parking lot pursuant
to
a
direct request from Mayor Rob b.
The ESD Director said he recalled that the ESD Assistant
Director had informed him that Mayor Robb made her request late on a Friday, and he (the
ESD Dir
ector) learned
of
the request early the next week after the service had been rendered.
He said
he instructed the ESD Ass istant Director to route all future extraordinary requests
through the City Manager. He stated that
he
could not recall any time when he had authorized
sweeping
of the church or any other private property, nor could
he
recall such services being
authorized by anyone else in the City, including the former mayor. He added that the City doe
not uti lize its street sweeper to service private property, unless municipal activity caused debris
OIG 14-017
Oc t
obe r 2, 2014
Page 18
of2
2
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BH<l\\ \1{1 0111<
I
{)I
l
\ -
1 1 { 1{)1{ (,1
{
1
PRELIM £NARY
REPORT RE:
MI
SCON
DUCT
BY
CITY
OF
D
EE
RFIE
LD
BE CH M
YO
R J
E N
R OBB
-
-
to
be deposited on the property, such as would result from underground utility repairs or
a
dj
acent roadwork. The ES D Director stated that he had heard that th e Saint Ambrose parking
lot may have been swept at one t ime, but he didn't know when or the circumstances. He sa id
the cost to sweep the church lot would be a small job for a pr ivate provider, who he estimated
might charge 200 .
9 Interview of h e Athletic Coordinator
The
Athletic Coordinator stated that Davis transported a local Little League team to Tampa in
Jul y 2013 . The Little League team is usually the only sporis team that travels outside the
tri-
county area. He stated that Mayor Robb received or requested the original quote for
transportation for the trip fro m Davis. He also stated that he fo rwarded the reques t for the
tr ip
to his supervisor, the PRD Director. He stated that the original quote was fo r less than 2,500,
which is belo w the bidding threshold, and thus within the authority of the PRD Director to
approve. The Athletic Coordinat
or
said that the length
of
the trip was originally for two
days
,
but because the team won, it was required to extend the trip another day. Thus, the team Dav is
submitted an additional requ est for 600.
10
l
nt
ervie1v
of
he Purchashtg ~ 1 a n a g
The Purchasing Manager stated that in late 2013 or early 2014, while he was a member of a
multi-depatimental committee
to
conduct a citywide parking study
to
modernize the parking
revenue and enforcement efforts, he received a telephone ca
ll
from Mayor Robb. She wanted
him to research the installation of parking meters at the Cove Pl aza parking lot to generate City
revenue and asked him to determine how much the City should chm·ge for parking in that area.
He advised her that parking fees were a City Commission
po
licy decision and beyond the
scope
of
hi
s duties. However, the Purchasin g Manager did
te
ll her that he would look into
information on parking systems. He stated that he later attended a City Commission meeting
where Mayor Robb publicly commented on the request she made of him. The City Manager
ope
nl
y responded
to
her that she should
ha
ve directed her request through him and not have
gone directly to the Purchasing Manager
The Purchasing Manager recalled another instance when Mayor Robb attempted to affect
hi
s
duties without going through the City Manager. He could not reca ll when it was, only that he
believed it was shortly after she took office. He stated that at the time, the City Commission
had directed that staff co nduct a feasibi lity study in contemplation of transitioning from the
BSO ba
ck
to a municipal police department, and he was in the process
of
researching and
preparing the contract soli citation for the study. He said that
Ma
yo r Robb to ld him that she did
not want a particular vendor to be permitted to bid on the so licitation or awarded the feas ibility
stud y contract. The Purchasing Manager said
th
at the vendor she was referring
to
had
previously provided services to the City, but he could not reca
ll
its nam
e
He sa
id
he
advi
sed
Mayor Robb that they would exclude no one from the so licitation or selection and that there
would be no deviation from the standard procurement process. The Purchasin g Manager stated
-
OIG 14-01 7
October
2, 2014
Page 19 o
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HI { ) \
\
\1 {1) <l l If (
I
)I
1 \-..1 1 ( l
<l ld t \ { \
PRELIMINARY R EPORT
RE: MISCONDUCT BY CiTY OF D EERFIELD
BE
CHM YOR JE NR OBB
that
, after some research, the Commi ion declined to bid out the feasibility study and took
no
further action on the matter.
11 Interview of he City J anager
The City Manager stated that he was formally appointed
to
his position in September 2010. He
expressed that he had a strained relationship with Mayor Robb.
The City Manager stated that, pursuant to the Charter, the Mayor and any Commissioner may
m
ake
inquiries
of
City staff, but they
may
not direct or interfere in
staff
members
job
duties or
ass igm11ents. He also stated that he knew
of
no instances when any other members
of
the City
Corm11i
ssion attempted to direct the
work
of City employees.
He
stated he can and has
cautioned Mayor Robb about her conduct, and
he has directed his staff to let him know if she
attempted to affect their job duties. He further stated that
he
believed that the Ci
ty
Attorney
has also advised her about the prohibition against her directing the act ivities
of
City staff.
The City Manager said that the PDS Director had contacted him and informed him about a call
Mayor
Robb made to the Deputy prior to the May 6, 2014, Commission meeting. The Deputy
told the PD Director that Mayor Robb told or implied to him that he should go easy or lay
off
the dealership because they had donated money. The PDS Director added that Mayor Robb
lat
er
called the
Deputy s
captain and asked him to del iver a message to the Deputy to disregard
their previous discus ion. The City
Manag
r said that Mayor Robb s call
to
the Deputy
occurred after the OIG began its inquiry into the donations.
The City Manager stated that, sometime in October or November 2013, his office staff
informed him that Mayor Robb had requested that the City issue
aPR
ticker to the
Pa
tor.
He
further stated that
he
did not intend on issuing the Pastor a PRS sticker, because they are
only for elected officials and employees who are required to park their personal vehicles at
City parking areas for City business. The City Manager repeated that he had a strained
relationship with Mayor Robb and that she limited her interaction with him. Thus,
it
did not
surprise
him
that she had bypa ed him with such a reque t The City Manager stated that,
some
days later at a City directors meeting, the PRO Director informed him that she had issued
aPR sticker to the Pa tor at Mayor Robb s request.
He
aid that he made a decision that
sinc e the PR had already been issued, he was not going demand its retum.
The
City Manager stated that for many years, the City had an agreement with the church,
recently formalized , to use its parking lot. In return, the City provided in-kind services but was
not responsible for routine parking lot maintenance. The City Manager was aware that a City
street sweeper had recently cleaned the church parking lot. He said that was not one
of
the
se rvices pursuant to the agreement and,
had
he been a ked, he would not have authorized it
OIG
14-017
October
2, 2014
Page 20 of22
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IW \\ \ lU ) I I I< I
<II
1\
I I
< I
<
I< C I I H \1
PRELIM
lNA
RY REPORT RE MI
SC
ONDUCT BY
CITY OF
D
EERFI
ELD
BE C
H M YOR l
E N
R OBB
12 JntervieJv of J1ayor Jean Robb
Mayor
Robb said she previously served as City
mayo
r from 1980 to 1993. When OIG Special
Agents read excerpts
of
the City Com
miss
ion meeting minutes from May 6, 2014, regarding
her receipt and disbursement
of
donations, she stated that a
fr
iend
of
hers ca
ll
ed and told her
that the owner
of
the Domani Motors car dealership had expressed interest in meeting with her.
She
said she did not recal l the specific date or time she met with the Ovmer. Mayor Robb
stated that she did not personally
know
him but knew he
su
pported her mayoral opponent
in
tbe last electio
n
Ma
yor Robb stated that the O
wne
r expressed his appreciation
of
the City and told her that
he
had previously given donations to
many
local causes and non-profits, such a youth sports and
City events, and would again like to contribute to a local nonprofit that benefited residents. He
asked
if
she had any recommendations, and she suggested FCI and the Historical Society.
Mayor
Robb stated that she never suggested that the Owner donate any specific amount
of
mone
y to either cause. he further stated that after their discussion, the Owner
's
wife exit
ed
to
a
noth
er room and came back with two checks for 500 each, one for the
Hi
storical ociety and
one
for FC
I
After receiving the checks, Mayor Robb mailed them to each organization
accompanied by a letter she authored on City stationer
y In
the letters, she to
ld
the charities
that
she
arranged
fo
r the donations to be directed to them.
Mayor Robb stated that neither the
Owner
nor the dealer hip had any current or pending
matters before the Commission. She also stated that she did not lmow whether Domani Motors
or the Owner had any pending code enforcement matter
s
1ayor
Robb said that the
City's
budget included a line item for contributions
to
FCI. In the
cmTent budget, it was 9,000, and she stated that he was recommending that the City increase
funding
to
20,000. In the past, the City has budgeted contributions to Historical Society, but
in recent years, due to financial constraints, the City may not have budgeted any.
Mayor
Robb stated that after she in f
ormed
the City Attorney about her receipt
of
the donations,
he advi sed her to complete a disclosure form noting the two organizations and
to
file it with
th
e
City C lerk.
COl'\CLUS
IO
NS
The
OIG investigation fow1d probable cause to believe that Mayor Robb engaged
in
misconduct when
s
he
attempted
to
use her po
si
tion
to
obstruct City code enforcement efforts involving a
lo
cal dealership
that donated to her chosen cause . We found that Mayor Robb
ro
uti
ne
ly abused her authority
by
directing st
aff
members without the City Manager
's
lmowledge and approva
l
Given Mayor Robb
's
l
ong
t
en
ure in her position, we mu t conclude that uch abuse was not
ac
cidental. Such actions
contravene the City charter's well-considered safeguards separating the executive from the
le
gislature.
O IG 14-017
Octobe r 2, 20 14
Page 2 1 of 22
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H Htl \ \ \H I
I
O i l I < I )I I
i l l 1,
,.1 I l l l ( ,J
Il l
\ I
PRELI MINA RY
R EPORT R
.E
:
M ISCONDUCT BY
CITY
OF D
EERF
IELD B E CH
M YOR
J
E N
R OBB
·--
They
al
so
have a predictably coercive effect
on
employees and circw1went controls designed
to protect
pub
c reso urces and maintain governmental accountability.
The
G
wi ll be refening this matter
to
the Florida Conunis ion on Ethics , and
the
City for their
independent assessment
of
the application
of
state
and
loca l ethics l
aws.
In
acco
rdance with Section
12.0
1 D)(2)(a)
of
the Charter ofBroward County, a pre liminary
copy
of
this
report is being provided
to
Mayor Robb and the City of Deerfield
Beach
for their discretionary written
responses, which, if received by the OIG sha
ll
be
included in the OIG s fina l
report.
The OIG reserves
making any reconu11endations pending review
of
any response received
to
these preliminary report
findings.
OI
G 14-017
October 2, 20 14
Page 22 o
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OIG 14 017
EXHI IT 1
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OIG 14 017
EXHI IT
2
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C
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EERFIEL
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May 05 2014
Aimie Kay Tenner
President
Deerfield Beach Historical Soc
ie
ty
PO Box 755
Deerfield Beach FL 3344 i
Dear Ms. Tenner
I had the occasion today to meet with Michael Domani of Domani
Motors who
wi
shed to make a contribution to whatever worthy
cause I determined . My first thought vvas
for
the Deerfield Historical
Society and I am enclos i
ng
his check in the amount of 500.00 for
you to
use
to
furthe r your cause. I intend to honor him on
Ma
y 20 th
at the commission meet ing to express
ou
r gratitude for his kind
contri
bu
tion .
Sincerely
Jean M. Ro bb Mayor
www. de erfie ld-ben
ch
.co111
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W
C i l ) of
DEEn FIELD
B E A C H
, ayur
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em
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Bill Ganr
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May 05 2014
Barbara
A
Weinstein Ed.
D.
P r e s i d ~ n t /CEO
Family Central Inc.
840 SW
81
51
Avenue
North Lauderdale FL
33068
Dear Ms. Weinstein
I had the occasion today to meet with Michael Domani of Domani
Motors who wished to ma .ke a contribution to whatever worthy
cause I
d e t ~ r m i n e d
I thought of our conversation
~ o u t
the children
who go hungry and I asked him to
make
a contribution to your
cause. Enclosed you will find his check in the amount of
500.00 .
I
am also pushing for the city to up its contribut
io
n to 20;000 for the
upcoming year. I intend to honc:H him on May 20th at the
commiss ion meeting to exp ress our gratitude for his kind
contribution .
Fondly
. Jean
M.
Robb Mayor
www.dec
rf ie
ld
-
bc
ac
h.
co ll
Rer p INIPUJIC
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EXHI IT 3
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OIG 14 017
EXHI IT 4
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t o
EERFIEL
BE CH
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OIG 14 017
EXHI IT 5
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fi-
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to
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f ~ ~ w N ~ r $ . q ~ ~ g f . wP:.:1Jd i ; i Y
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J
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Robb
95448201 17
tJ t:J: IL':J:J.jt1
D a t ~ 1 • 22.13
D VIS TOURS
w w w _ D ~ ~ ' l o u t s . c o m
P.O. BOX 16147
Client
..\,.d Net l
Ft
Laudardale, FL 33318
Office:
954.472.2958 Fax: 954.472.9538
Ylayw
Jean o b b ~ s
Grou.p
N'WJe
:
No.«>( Cbn.to.ct
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f t . 2 ~ 4 . 4 2 7 . 9 2 . 9 3
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9S4.482
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Catbleen
Williwu-
P: 254.24S.7UO
Tampa
;l n'e
$2,300 ( 2 - D a ~ - ) Retcu'n S11.turdny)
5.2
1
900 ( ~ D a y s - - ) Return Sunday)
$3,3{}0 {4--Days
~ R e t u r n Manday)
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Gratuity Ilotelroom
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Nttmbu
of:
llttn J
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57-PAX
One
F r l d ~ a . y - 7.:Z6J3
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NOT
RE5PON5ffiLE
FOR ITEMS
LE.O:
OJ'.'I
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AFTER
FINAL
OltOJ:'
F ' T
. . _ ~ ~ W
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AF.r.E.RA NATURAL DlS.ASTEJt 1'H1S CON'X'RA.Cf
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AT AN'r' 'l'.IMEA.1' DAYl8 TOURS
SOLE D l S C ~ 1 ' k O N ' . . . ,
"*"'WE
COl"SIJ)ER
THIS
TOUk O N . F f f l . M ~ I l
ONLY
UPON OlJR
RECE l'l'
A
Dr.l'«JSIT &:
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FOR DRIVEft'S l i O " r ~ L ROOM ~ ' D CRA'IlJITY
PL.E.A:s.E <ID'J> GRATUITY
DIRECTLY TO .tH:UVER
...
'"'"DA VlS
TOURS
rtrA
Y
SU:SS l'fll'J:E: ~ m n BUSES T ANYTlME
fOR
ANY
LOCAL CHARTER BOOJ(l,NG O:F;. MOl'ORCOACH•H
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L
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DepoBit:
$5d0.00 l\o'iih
sisow
contntt
2.
F i l l t y l l l e u
·
B ~ t l a 1 1 c e due by
7.25.13
.
P l ~ a s e make checks Pa.Yable
to
:oAVJS
TOURS, INC.
C..;l CEU .AilQN f;'OLICY:
O>Jposl s
are fu yrofunclalte if c.anco
Btion Is
eoa
l
ved
45
da'f
s
prior ro departure
.
Less than
4
5dil
Y5
ca
n
CGRatlon
n o ~ c e w i ~ res ut n Q r 1 e i t ~
o
Any bcx:
Mtl S
n ~ l e d
Y>i
lhh
45 d<y& of
depar1ura
date 'Mil
forfe it
th
etfepo
sll E Otlg ~ h any
non-mfimdab
le
payments
made 1o the
airl
i
nes
,
hote
ls
,
restaurants, etc., if amotor coach ls
canceled
'Wit
hi
n2 kle&ksof e p ~ ;
there
"niU
be a5{}% offull
con
tact prioo assassment fee. We S 1 r 0 0 9 ~ te<:Ommend he purchBSe of
k l l ~ n ins;Jrance. Ttil .l priw vafid Cflly for 7days a ler
~ o f
r;ontract. The o n r a
mu l
btl contvmed, $igned
and
re IJrned
to
D rJ
is
To
II'$ t ~ l h
the requ I
red
deposit
tn
be va Kf.
With<rut
~ a t u r e ,
conflnnatlon
anclrBtum uf
contr.r.rt
to
Davis
fours ,v.ithUle ~ u r e d deposit,
the quo
red price cell be m6de I
nval
idand null at ttle role
l ~ r e l o n
of Oa vli Tou
rs.
Da
vis
Tomls not ulred
tD
notif1
ro
_
•e
cHent
of rice chan
es after In al 7
da
after
co
nlract issent to
me cHe11l
SJ,>OT
·IJl ' :II
8:30am
@River Town
Square
..)
1015 S. .federal Jf.\vy. Deerfield Beach 3344 1
DEPART:
9:00a.m
For
Tampa
~ P l e a s e provide destination name and address)
p.2
Return wiJI depend on if
they
win or Jose
the
game.s: If 11ey
win on
Fri.
they st
ay overnight and
play i they win on, Sat.
they
stay overnight and
J?la
y on Sun. i
hey wih
on
Su
n. 'they stay
overnight
and return on
MOllday.
TlllS
LE'.TIER OF .A GltLEl\1ENT IS SUBIE.CT
TO
A V ~ H L A B I L m
OF THE
SERVICES COVEQ.Wl
tu:REIN
ON
TtiE
DATE TifE SIGNEP L ~ T l E R O
J?
AGREEMENT fS llECEl\1 )1:0
WfrH
DF.l'OSH BY DAVIS TOURB
DAYIFOUI}$
Sign.ed
by: Jim D ~ v i Signe<l
b - y ~
Ihte: 2 . 1 3 Da te:
LlAB.JJJ X ACREEL'r1ENT: Cust.ome.r a ~ c c p t ~ f\1ll responsibility
fo
r vehicle damage
or
speclal
cleaning
arJd
a u t h o r i ~ ~
DAYlS TOURS
10 ch arge
fur
tb.e expenses regardless ofMd in addition to any
prior u
nderstand
ings an
d
agrcem
.
ents. Cu
sto
mer
agrees that
a ny
of hislheJ
activi
ti
es or ~ vior
deemed
by the cltautfear ro be illegal or perito
t)s
will resu lt in imm ediste
tennin
alion of h e
job
without a .('efund .