News	April 17, 08

South Miami

Legal Aid

Commissioner may establish legal fund for election challenge

By Angie Hargot

The Miami-Dade County Commission on Ethics unanimously opined that South Miami Commissioner Velma Palmer isn’t breaking any ethical rules by establishing a legal defense fund to pay for the hefty legal fees that may stem from a lawsuit challenging her February re-election. Palmer is named as a co-defendant in the lawsuit against the city, filed Feb. 22 by her opponent Rene Guim, who lost to Palmer by just 24 votes.

The lawsuit was filed the same day that the Miami-Dade County Elections Department admitted that roughly 53 voters were mistakenly notified that they could not vote in the South Miami election because they actually lived in unincorporated Miami-Dade.

The three-day trial challenging the Feb. 12 election is set to begin May 21 before Circuit Judge David Miller.

“It was alleged that 53 voters in that city were disenfranchised because the county told them they were ineligible to vote,” ethics commission assistant advocate Miriam Ramos said at the commission’s March 26 meeting. “It will probably happen that the city of South Miami will not be responsible for these legal fees,” she said, but Palmer would because she’s being sued as a private person. Palmer, a Miami-Dade County public school teacher with a bachelor’s degree in elementary education and a master’s in school guidance and counseling, began her service with the city as vice mayor in 2004. 

The ethics question was raised because the donations could be construed as contributions, making Palmer “subject to be influenced by the public.”

“That could happen in any election,” argued ethics commission member Seymour Gelber.

Ultimately, the ethics commission ruled that the fund must be established by a third party, and run by trustees. Palmer herself cannot solicit funds, ethics commission staff attorney Victoria Frigo said.

“Originally she had anticipated the city to reimburse legal fees,” ethics commission Executive Director Robert Meyers said. “The other option is this fund.”

The option comes perhaps as a reprieve for a city that recently fired its city manager and currently carries six-figure balances for legal fees.

“It was my understanding that a couple of people went ahead and argued to the city that they did live there,” political consultant Irene Secada said. Although Secada was not employed by any candidate in the February election, she did help Palmer on her first campaign.

“She had just become a citizen, and it was her first election, and she won it,” she said. “Now that there’s a legal challenge, people have offered to help; she doesn’t want to do anything [improper or] illegal.”

Comments? E-mail angie@miamisunpost.com