If there is to be any attempt of retribution or political retaliation against this courageous veteran of the Miami Beach Fire Department, bringing this case into the public arena will make that just a bit more difficult.

A.C. Weinstein
Columnist

As a political columnist, there are some responsibilities that cannot be ignored, particularly when it relates to life safety and the protection of the public. When you add to that what also appears to be the inappropriate behavior of some Miami Beach officials, then it absolutely must be brought to the attention of the public.

Miami Beach Fire Department veteran, James D. Llewellyn, a Firefighter/Paramedic for more than twenty years with the last two and a half as a Fire Inspector, has sent out a report to the media and to other interested parties which document how certain “city officials delay, resist or otherwise attempt to thwart the enforcement of some life safety codes and standards.”

Llewellyn is a highly professional, respected and dedicated First Responder, who in coming forward is also seeking to “invoke whatever rights and protection are afforded as a ‘whistleblower.’”

Along with “satisfying my conscience that I’ve done everything possible to protect life and property,” Llewellyn writes that he also needs to “protect his reputation and livelihood from retaliation as well as minimize his personal liabilities.”

In blowing the whistle, Llewellyn risks putting his long and distinguished career on the line. He writes: “As a Fire Inspector I have faced considerable pressures and intimidation tactics from the private sector during the course of my duties. Often times, these tactics included contacting various city officials to complain. My main focus here is to demonstrate the city’s role in making life safety code enforcement difficult.

“Unfortunately,” writes Llewellyn, “like so many other critical issues, it often takes a tragedy to spur appropriate actions. As the Fire Inspector directly responsible for several city-owned buildings along with hundreds of privately owned buildings I will do everything possible to prevent that from happening.”

Within his 103-page report, which includes 83 exhibits, Llewellyn chose to highlight one particular case he investigated and then moved to enforce compliance with life safety violations in his capacity as Fire Inspector.

Llewellyn believes this case “involves so many possible inappropriate actions and convoluted incidents and relationships” that he decided to bring it forward as a “stand alone case” in which to further investigate.

“It is my hope that other entities with more authority and resources will do the same,” writes Llewellyn.

The case Llewellyn cites with sixteen exhibits to back him up “involves a privately owned property on Miami Beach which consisted of an auto repair garage, paint booth, an illegal living unit on the ground floor and unsafe living units above the garage.”

The property is located at 1333 Dade Boulevard. The property owner’s daughter is also a Miami Beach Code Compliance Officer.

“This case,” writes Llewellyn, “involves many of the problems referred to throughout other areas of this report, which include the following: Apparent interference and obstacles by many city representatives including a commissioner, city manager chief of staff, the property owners employee daughter and perhaps others. There’s also been prolonged and possible inappropriate extensions granted to the property owner.”

The commissioner named in the report is Luis Garcia. City Manager Jorge Gonzalez’s chief of staff, Inguano Ramiro, is also named in the report. Llewellyn’s exhibits document Garcia and the city manager’s office involvement.

Llewellyn writes that there have been “written and verbalized false charges and accusations made against him of harassment, discrimination and threatening behavior meant to intimidate and otherwise cause him to back off from enforcing life safety code compliance.”

Also in his report, Llewllyn writes: “Assistant Chief DelFavero came to see me about that time and asked if Commissioner Garcia had it in for me. He further went on to state that “allegedly, Commissioner Garcia had stormed into the City Manager’s office in anger related to my inspection of this property.”

Llewellyn also writes of Ramiro’s alleged involvement, which took place in front of the Special Master Judge during the hearing on this matter. Llewellyn believes that “Ramiro interrupted sworn testimony and Rhonda Montoya the assistant city attorney had to tell Ramiro that it was inappropriate to ask questions during that setting.”

Llewellyn says the “incident was recorded and is part of the Special Masters tape of the hearing.” Llewellyn’s notes go on to say that he was, “questioned after the hearing by Ramiro but did not feel he should discuss it with him without being in the attorney’s office.”

What should be brought to the public’s attention and considered in reviewing Llewellyn’s report, is that even with Garcia and Ramiro’s alleged interference into this case, the following outcome proved Llewellyn more than correct:

“The living unit on the ground floor was actually a small room situated beside the garage being used as a ‘flop house’ and was eventually deemed illegal. The living units over the garage were eventually deemed unsafe and vacated. The paint booth was non-permitted and eventually ordered out of operation.”

And there’s more. “Of particular importance,” writes Llewellyn, “the non-permitted paint booth also contained non code conforming electrical installations. Taken altogether along with the intrinsic volatility of a flammable paint booth located so close to living units made this a particularly dangerous set-up.”

And if Llewellyn’s allegations are found to be true, then Garcia and Ramiro’s political interference into this matter rises to an even more serious level of concern. While it’s clearly inappropriate for any elected official or anyone from the city manager’s office to try and influence the investigation or outcome of any case involving police or fire department life safety issues, it’s certainly understandable why Llewellyn has chosen to highlight this particular case. It does rise to matters of life safety.

Llewellyn’s conscience and dedication to public service, which motivated him to come forward and to do what he believes is right, may have placed his career in jeopardy. Therefore it’s important that this growing controversy should be brought to the public.

If there is to be any attempt of retribution or political retaliation against this courageous veteran of the Miami Beach Fire Department, bringing this case into the public arena will make that just a bit more difficult. Wherever any further investigation of this matter should lead, Llewellyn deserves the gratitude and protection of the entire community.