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Gonzalez Must Act 

If Gonzalez were to ignore Middaugh’s behavior, he would reverse a half-decade of reform. 

A.C. Weinstein
Columnist

If Miami Beach City Manager Jorge Gonzalez believes it’s acceptable behavior for his second-in-command at city hall, Bob Middaugh, to act as a middleman between a controversial lobbyist and a firm seeking to do business with the city via the competitive bidding process, than Gonzalez is either: 1. Failing to understand the high ethical standards expected of all residents and businesses or 2. He does understand and is thus unfit to continue on as manager.

All of the evidence and facts stated in the recent State Attorney’s report into this matter is clear and indisputable. Assistant City Manager Middaugh acted improperly. Gonzalez should have given Middaugh the boot out the door the same day the report was released. There’s no gray area here.

Without rehashing the findings in the report, we learned that Middaugh tried to connect or steer lobbyist Michael Milberg to The Superlative Group, a Cleveland based firm that was an early favorite to win a contract within the city’s competitive bidding process for marketing and sponsorship opportunities.

Superlative filed a protest, citing two unnamed city officials’ behavior regarding Milberg as unduly influencing the process. The report names the two city officials in question as Middaugh and his underling, Jay Moore.

While Superlative believed Middaugh’s behavior was inappropriate, the firm also rejected Milberg, citing his attempted entry into their proposal as one with potential for conflicts of interest. After being turned away by Superlative, Milberg then attached himself to another bidder, a company that then received the top ranking by the city manager’s selection committee.

Superlative then contended that there was undue influence within the city administration, not only with Middaugh and Milberg, but also to that ranking.

The report gives life to that contention with the evidence via e-mails that Middaugh did in fact telephone Superlative and leave a voicemail for the vice president of the firm to expect a call from Milberg. Prior to the report, Middaugh adamantly denied calling Superlative and leaving a voicemail of any sort concerning Milberg.

How can Gonzalez turn his head away from the fact that Middaugh acted improperly when, from the evidence in the report, he tried to steer a firm seeking business with the city to a lobbyist looking to get into the game? Middaugh knew he was walking a very thin line, as an e-mail to Moore expressed a concern that communicating with Superlative could raise issues relating to the Sunshine Law.

The consequences of Gonzalez doing nothing are immeasurable and a setback to the city commission’s hard fought battles to set into law several legislative initiatives to limit the influence of lobbyists within both the competitive bidding process and during elections with campaign finance reform. If Gonzalez were to ignore Middaugh’s behavior, he would reverse a half-decade of reform.

Another consequence of Gonzalez doing nothing is to only confirm the long-standing perception that competitive bidding in Miami Beach for certain contracts shuts out all but the politically connected. All too often we hear complaints, from both the bidders and the commission on how any number of bid awards and contracts are “done deals” because of undue influence upon and within the government. 

By Gonzalez doing nothing, that perception of favoritism will now become the accepted reality. When you get right to the bottom line of the state attorney’s report, one question must be asked. Under what circumstances could possibly make it okay for Middaugh to try and steer a company seeking a contract with the city to a lobbyist? If Gonzalez is to do nothing, he will need to answer that question.

He can’t, because it’s the wrong behavior for Middaugh or any city official. The taxpayers of Miami Beach are paying both Gonzalez and Middaugh’s salaries. They deserve an explanation. From the comments I’ve received around town, Middaugh should have been shown the door last week. If Gonzalez won’t do it, he too should pack up and go.