Elected Officials Question Building
and Zoning Investigation
Rumor Mill on Criminal Inquiry Causes Mayor, Commissioners Concern

“I have asked the city attorney to look at limits on free speech.”

by Cynthia Archbold

A city commissioner said he does not have faith in the city’s criminal investigation into the Building and Zoning Department, during the Oct. 24 commission meeting.

“My trust level is not there or my confidence in this process,” said Commissioner Ralph Cabrera.

He and Mayor Don Slesnick asked City Manager David Brown to confirm that external investigators from the Miami-Dade State Attorney’s Office were also participating in the probe.

Cabrera said it is necessary that external law enforcers take part in the city’s investigation, led by Internal Affairs’ Lt. Ed Hudak, because “I don’t have that trust level, that confidence level.”

Brown had previously announced in mid-September that he asked for help from the State Attorney’s Public Corruption Unit, and the Miami-Dade Ethics Commission to “widen and deepen the investigation,” after Building and Zoning Administrative Assistant

Jorge Reyes was arrested for drug possession and charges of grand theft stemming from a fake time sheet scam. Building and Zoning Director Margaret Pass was then placed on administrative leave.

Cabrera and Mayor Don Slesnick urged City Manager David Brown to wrap up the investigation, which began six months ago, as quickly as possible.

“Nobody would like that investigation to be concluded sooner than I,” Brown replied, adding that he cannot give a timetable. He has asked the police chief to move as quickly as possible.

Assistant State Attorney Michael Vonzampft confirmed to the SunPost on Tuesday by telephone that his office is investigating the Building and Zoning Department to determine if Jorge Reyes was involved in more crimes, whether he acted alone and/or if other employees were also engaging in acts of theft and corruption.

The mayor told Brown he is proud the city took the initiative to start the investigation “without being pushed by external sources.” However, Slesnick also said that “we want to make sure that the public, which has been told a lot of things, trusts the end results.”

Brown assured him the investigative team would present a full report to the commission during a public meeting.

The mayor then addressed one of the most damaging repercussions of the fake time sheet scandal: rampant gossip.

“There are a few persons … who are using alternate means of rumor-mongering, back-stabbing to wreck the morale of those working so hard,” the mayor said. One place the rumor mill is being blasted is Miamipost.org — a Web site featuring a controversial blog, known as “City Hall Confidential,” about Coral Gables officials.

“I have asked the city attorney to look at limits on free speech,” Slesnick said. “The city has a complete complaint process, complete whistle-blowing process. The state of Florida mandates whistle-blowing procedures. Dade County mandates the whistle-blowing process; we encourage people to speak up…. The process doesn’t protect you if you don’t use it.”

City Attorney Elizabeth Hernandez has recently said that the latest Supreme Court decision allows government employees to say anything they want on their own time from their own home computers, about their workplace.

There are exceptions, however: Public employees may not attack or impede an ongoing work-related investigation, undermine policy decisions or divulge private information about residents that could lead to identity theft.

Meanwhile, acting Building and Zoning Directors Maria Jimenez and Dona Lubin presented an interim report of corrective measures taken to make that department more efficient and accountable, including suggestions made two years ago by consultant JRD & Associates.

Cabrera, the mayor, Vice Mayor Maria Anderson and Commissioner Bill Kerdyk all said the consultant’s recommendations should not have been put on the shelf to gather dust.

Brown denied the report had been shelved, calling it “a good road map.” He said the city has implemented some of the streamlining changes and is looking at putting more in place.

Meanwhile Anderson has asked to hire another outside consultant to conduct an independent survey of city residents, contractors and architects who depend on the Building and Zoning Department. They would be able to make suggestions for improvement anonymously.

However, Cabrera balked at conducting another survey, charging that the city didn’t do enough with the 2004 consultant’s findings. “I’m not in any position to support the survey,” he said. “There’s just too much sketchy stuff out there.”

Survey or not, customer service is already better in the beleaguered Building and Zoning Department, according to Commissioner Kerdyk. “I’ve heard from people who are doing business that they’ve seen streamlining of the process in the past month or so, so that’s good news.”

Comments? E-mail letters@miamisunpost.com.