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August21,2014
NannetteRodriquez
DirectorofCommunications
CITYOFMIAMIBEACH
Subject:SpecificQuestionNo.1inreCodeCompliancePerformance
Ms.Rodriquez:
Thank you very much for asking me for a specific question in response to my plea for your
sophisticated comments regarding my perspectives on the performance Code Compliance
Department,whichwaslatelyaDivisionoftheBuildingDepartment.
I shall start at the top, with the administration of that department, which is supposedly
responsibleforthebehaviorthatmembersofthecommunityhavebeenwonttocriticizefrom
timetotime,andnotalwaysnegatively.Lestmyspecificquestionbetakenoutofcontextand
curtlydismissedwithanirrelevantanswer,youshallfindbelowabriefHistoryoftheQuestion.
SincetheQuestionisloaded,aPropositionthatIdonotendorseisgiven.
THEQUESTION
Why were the top two administrators of Code Compliance promoted to permanent and more
powerful positions as heads of a new standalone department without any overall empirical
evidenceofimprovedperformanceinthefieldandconsiderableevidencetothecontrary?
PROPOSITION
Apoliticalinsiderfriendlytothepreviousadministrationhasproposedthatthedirectorofthe
Code Compliance Department and his assistant are Untouchables regardless of the
administration in power because the director is FBI and the assistant has something on
everyone, therefore they will remain in their positions as long as they like regardless of the
performanceoftheirdepartmentinthefield.
HISTORYOFTHEQUESTION
ThePoliceDepartmentandtheBuildingDepartment,ofwhichCodeCompliancewasadivision,
have been the most scandalized city departments in recent history, so much so that the
BuildingDepartmenthasbeencharacterizedasaracketeerinfluencedcorruptorganization.
City Manager Jimmy Morales, a very nice guy and a political insider without city management
experience who was appointed on April Fools Day 2013 to clean up the city after the most
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recentscandalbroke,hasbraggedthathehasfiredscoresofemployeestothatend,thegreat
numberofthemlowerechelonworkers.
As for department heads, he did not fire the building director and his assistant; he simply
placedafriendofhisfromthetroubledMiamiBuildingDepartmentoverthemasdirector,and
they instituted a successful phased permitting process to boom construction for big
developers without a full, comprehensive permit, utilizing private inspectors, on the condition
that the city be held harmless for any damagesthe program is basically a confession of
incompetence to handle the workload. There have been little or no empirical verifications of
overallimprovementintheperformanceofthatdepartmentthatIamawareof.
Althoughthepolicechiefandhisdeputyhaddonearemarkablejobofrespondingtothecries
for sorely needed reform in their department, they were resented for past behavior and
punished for their good behavior with dismissal or forced resignation. And now the unelected
political insider who actually runs the city by default has brought in outsiders to the police
department, a celebrity chief, from Colorado, and the citys first black female deputy chief,
fromTexas.
CompletelyuntouchablehavebeentheheadsoftheCodeComplianceDivisionof theBuilding
Department. Most of the community had nothing but contempt for the performance of the
division; clamors were repeatedly raised for reform to no avail. RobertSantos Alborna, a
financial analyst and planner whose most extensive administrative experience appears to be
setting up an animal services department for the county, was transferred from the troubled
BuildingDepartmentbyformercitymanagerJorgeGonzalezonNovember1,2010,toheadthe
ComplianceDivision until a new director could be found. Shortly thereafter, on May 24, 2011,
Mr. Gonzalez appointed him Director of Code Compliance based on his resume and alleged
devotiontocustomerservice.
Robert will continue to report to the Building Department's Assistant Director, proclaimed
Mr. Gonzalez, who would soon be forced to resign in disgrace, but will work closely with my
executivestaffonissuesthatremainapriorityfortheCity,andprovidesupportinthereviewof
theCity'scodecomplianceprocesseswhenthatisinitiated.
WhetherornotMr.SantosAlbornadeservedit,hebecamedespisedbyseveralpeopleintimate
with Compliance operations even before he became the subject of a fruitless F.B.I.
investigation. Even Commissioner Ed Tobin engaged in heated email exchanges with Mr.
GonzalezcriticizingtheperformanceofCodeComplianceunderMr.Alborna.
We must ask why we have all this corruption, Mr. Tobin emailed Mr. Gonzalez on April 24,
2012.Corruptioninthisinstanceisabyproductofthelackofoversightandaccountability.The
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waste and mistakes we have pointed out over the years is staggering. I must hold you
accountableforahostofmattersbothinandoutofthenewspapersoflatethatbearonyour
ability to manage. I am sure that this latest scandal involving the code inspectors will NOT be
ourlast.Whatwillwesaywhenthenextscandalstrikes.Whowillweholdaccountable?Many
of the residents wanted an audit, and you suggested we wait a while since your Director,
Robert Santos was new to the job and by all accounts the department was doing well. The
residents thought the unfounded rate was suspiciously high and you assured us no corruption
existed.Youwereastrongadvocatefornoaudit.
Hernan Cardeno, Esq. a sworn police officer, was transferred from the police department or
demoted to be appointed commander of Compliance in 2012 while Mr. SantosAlborna
assisted the F.B.I. with its investigation. Upon the completion of that investigation, both
remained,withMr.Cardenoincharge.
Rick Falls, a parttime code compliance employee who agreed to wear a wire and to record
telephoneconversationswithhissuperiorsforthefedsafterfourcodecomplianceofficersand
twofirefighterswerearrestedonApril11,2012,saidhewasharassedforhelpingthefeds,that
Mr. Cardeno called him a troublemaker, retaliating against him after Mr. Alborna returned to
his duties. However, you (Nannette Rodriquez) said you did not think there had been any
retaliation.(NewTimes,April9,2014)Mr.Fallstransferredtoanotherdepartment,whereheis
highlyregardedasanexcellentworker.
OnJanuary15,2014,theCodeComplianceDivisionoftheBuildingDepartmentwasconverted
to its own standalone department. Mr. Cardeno was appointed its first director, with Mr.
Santos as his assistant, based on Mr. Cardenos resume, without any critical or empirical
assessmentofhisperformance.CityManagerMoralesrecommendationconfessedhisfaithin
Mr. Cardeno: I believe that the Code Compliance Department is starting to come out of the
shadows of past scandals, which namely, I attribute to Mr. Cardeno's extensive experience in
lawenforcementandleadershipskills.
JimmyL.Morales,CityManager,explainedthattherewereissueswiththeCodeDepartment
some time ago, and previous management asked Mr. Cardeno to come from the Police
Department. Mr. Cardeno has been working closely to clean up the Department along with
Robert SantosAlborna. Many changes have been made. Code is currently part of Building
DepartmentandtheCityManagerissuggestingcreatingCodeasaseparatedepartment;andas
aresult,Mr.CardenohasbeenactingastheDirectorofthatsubgroup,andhehasearnedthe
opportunity to work as Director of Code, due to his integrity and transparency. He has
committed to the City Manager that he will be 100% dedicated to work in this function and
recommendsapprovalofhisappointment.(Afteraction,January15,2014)
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TheCityCommission,withoutanyfactualevidenceofthechangesallegedbyMr.Morales,or
of any concrete improvements, rubberstamped the formation of the standalone department,
which provides its director with more executive authority than a division head, and the
appointmentofMr.Cardenoasitsdirector.
Indeed,CommissionerMichaelGriecostatedtotheMiamiHeraldthatthecommissionalmost
always blindly follows the recommendations of the city manager, a formula that is a virtual
prescriptionfordictatorshipunderanunelectedofficial.
Commissioner Ed Tobin, his attitude apparently changed since the removal of Jorge Gonzalez
from office and his alliance with the reformist majority on the commission sponsored by
wealthy businessman Mayor Philip Levine, stated that Mr. Cardeno is a person of great
integrity with an extensive law enforcement background. The City is lucky to have him and he
congratulatedhim.(Afteraction,January15,2014)
OnApril28,2014,eagerforsomefactualbasisforthisprofoundrestructuring,IaskedCityClerk
RafaelGranadoforanyreportssuppliedtotheCityCommissionsupporting,withmeasureable
i.e. objective evidence of improved performance of the Code Compliance Division, the City
Manager's January 15 appointment of Hernan Cardeno as Director of the tobecreated Code
ComplianceDepartment.AttachedyouwillfindtheCommissionMemorandumsuppliedtome
by Mr. Cardeno wherein Mr. Morales urges a resolution confirming his appointment of Mr.
Cardeno. I see no reference therein to measurable empirical improvements of the Code
Compliance Division itself since Mr. Cardeno was appointed its commander about two years
ago. I suppose that was given as an attachment to the Administrative Recommendation, or
separately,andIwouldliketohaveacopy.
On April 29, 2014, the Mr. Granado informed me that The Office of the City Manager has
notifiedusthattherearenorecordsresponsivetoyourrequest.
Although Mssrs. Cardeno and Alborna have always been courteous and helpful to me
personally,theirserviceasadministratorshasbeenlessthansatisfactory,inmyopinion,except
in their ability to smooth ruffled feathers while not effectively improving customer service in
thefield.
However,Iamonlyoneperson.SupportersareinclinedtopraisethenewCodeCompliance
Departmentanditsofficers.Thatpraisemayormaynotbeduetothehoneymooneffect,the
factthatpeople,whoarecharmedbythecharismatheirhighexpectationshaveendowedtheir
new set of leaders with, are disinclined to criticize their own judgment unless something goes
terriblywrong.LikeCommissionerTobin,Ibelieveitwillgowrongunlessthatattitudechanges
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quickly; unlike him, my skepticism will not be diminished by a change of guard, handsome
resumes,andtheintegrityofteamplayers.
Therefore, since my observations of ineffective supervision and misconduct in the field are
anecdotal, I asked high officials and the citys internal auditor to conduct a thorough audit of
the records to compare the results with the results of the previous audits to see if there has
beenanyimprovement.
Iwasgreetedwithabsolutesilence.NeedIaskwhy?

Sincerely,
DavidArthurWalters

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MiamiDadeCountysMiamiBeachSeniorCenter,alessoninnegligenceatPennsylvania&Espanola:July14.2014

19August2014
NannetteRodriquez,Director
OFFICEOFCOMMUNICATIONS
CityofMiamiBeach
Subject:AdequateStaffingtoAchievePolicePowerObjectives
DearMs.Rodriquez:
Code Compliance Supervisor George Castell has frequently directed me to you for a
sophisticated response to my opposition press questions as to why his department does not
proactivelyenforcecertaincitycodesinsteadofdoingnothingaboutviolationsofthosecodes
unless complaints are received from persons who dare to risk retaliation from the offenders
andevencodecomplianceofficersthemselves.
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Mr.Castellhimselfhasdiligentlyfolloweduponmyinquisitionsabout possibleviolations,and
he has faithfully answered my questions about particular procedures and applications of the
code to certain situations, but he is reluctant to make general policy statements to the
opposition press; that is, except for one occasion I know of, at a conference in 2010, when he
sincerelysaidthatcodecompliancedoesnotengageinselectiveenforcement.
Since then I have discovered, and several old timers have confirmed my conclusion, that
selectiveenforcementistheonethingMiamiBeachresidentsandbusinessescanbecertainof.
I refer to selective enforcement as random enforcement when I wish to give compliance
officers the benefit of the doubt, even though intentionally random application of the code is
kindofselectiveenforcement.
Themostegregiousinstanceofselectiveenforcementbroughttomyattentionisthecitationof
abusinessowneronatrumpedupchargebecausehefiledananonymouscomplaintforwhich
he was fingered because he mentioned it to supervision, that compliance officers were not
enforcing code in respect to competing businesses. As a matter of fact, the code violation he
was charged with was not being enforced against others at the time as a matter of written
policy.Andthatistheleastofit.
Despite their reluctance to respond to press questions, code compliance administrators have
two typical responses to complaints that they are not doing their jobs. 1) We are
understaffed,and2)Ourobjectiveiscompliance,notpunishment.
Just this month the second part of that absolving formula was cited after I said it was
disgracefulthat,accordingtoarecentreport,lessthan3citationsperdayontheaveragewere
givenbythewholecompliancestaffwhenIcouldwalkdownthestreetandobserveandreport
that many violations on every block. I suggested that I could make an honest living at $25 per
report,butmytakewoulddryupwhenpeoplegotwisetotheenforcement.
Anothersuggestion,thatMysteryCustomersbeengagedandsentouttostingnegligentand/or
corrupt compliance officers, has been frowned on despite the mayors enthusiasm for
CustomerService.
Of course the exculpatory formula is not unique to the Code Compliance Department of the
City of Miami Beach. It is most conveniently cited by all negligent, incompetent or corrupt
bureaucratschargedwithexercisingthepolicepower.Irecentlyhearditmouthedbyaformer
assistant state attorney, now the director of the county ethics commission, who was once
responsible for prosecuting public corruption,. He retorted with a record of prosecution of
MiamiBeachofficials;however,IdonotthinkhisbattingaveragewouldgethimintotheHallof
Fameifhisactivityrecordwerecomparedwithwhathehadnotdone.
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At least sworn police officers, according to the brass, proactively enforce laws against crimes
wherever observed, no matter how small, although we know of exceptions in our
neighborhoods; for example the notorious illegal parking condoned by police and parking
officials who park in no parking zones at the Las Olas Caf Drive In to refresh themselves as
carsareticketedandtowedablockawayforthesameviolations.
ParkingDepartmentofficialenteringLasOlasCafDriveforlunch,ignoringparkingviolationsonallfourcorners
Perhaps you will address this proposition: People tend to disobey laws when they are not
enforced, or risk punishment when enforcement is random and minimal. To wit: IF
enforcementislax,THENcompliancewillbeinadequate.
IhavetakenexceptiontothenotionthatCodeComplianceDepartmentstaffingisinadequate.I
have seen compliance officers performing their duties well, but I have also observed and
documentedthemgoofingoffonthejob.
I recently penned an expose of one officer ignoring multiple dog ordinance violations within
plain view while he was sitting in his car on dog patrol. He reported to that he saw no
violations, saw 17 dogs on leashes, strangely adding that he was moved to explain the dog
ordinancetoseveralowners.
Please take a look at the photograph, at the top of this letter, taken in front of the Senior
Center at Pennsylvania Avenue and Espanola Way. The Senior Center is adjacent to the high
school gymnasium and across the street from the elementary school. The premises were
overgrown,ladenwithrubbish,graffitiandunpermittedsignsforseveralmonths.
Thankfully, all but the graffiti was cleaned up within the last two days. Perhaps someone
complained, but the correction should not have been contingent on a complaint. In fact, as
witnessedbelow,acomplianceofficerparkedafewfeetawayshouldhavewalkedaroundthe
propertyandcitedtheviolations.

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and searched the restaurants there up to Washington Avenue, and saw no officer. The
gentlemanwasstillsittinginhiscarfingeringhiselectronicswhenIphotographedhimat8:25
PM.Hesawmetakehisimage,soIfiguredhemightreporttheeventtosupervision.Heleftthe
areaaminuteortwolater.
I asked Compliance Director Hernan Cardeno for a copy of any report or accounting of the
activities of the officer around that time. I wanted to know when, where, and whom was
contactedbytheofficersoIcouldverifytheinformationwiththosepersons.
The report Mr. Cardeno and I received was simply an unsigned inspection report listing
restaurants,showingthatallcountedtablesandchairsmatchedthenumbersapprovedateach
location.ThatsimplycouldnotbeinrespecttotherestaurantthatIhadenjoyedfortwohours
whilefacingtheplaza,sittingnearthefrontdoor,withfloortoceilingwindowsallaround:not
singlecomplianceofficerappearedthereornearby.

AndthereweretwocrypticemailsalludingtoEspanolayetwithoutcontext.
From: Villar, Manny Sent: Saturday, June 21, 2014 8:00 PM To: Romero, Miguel
Subject:RE:OkFinishandsendtomeandcopyCastell.Thanks
From: Romero, Miguel Sent: Saturday, June 21, 2014 8:27 PM To: Villar, Manny
Cc:Castell,GeorgeSubject:RE:Espanolawayf.y.iEspanolawaydetail

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BrokenSignageOrdinanceTheory:Whereversignageandotherminorlawsarescoffedatdue
tonilorlaxenforcement,itislikelythatfarmoreseriousinfractionscanbefoundbehindthose
signs.
PHOTOGRAPHICNOTES:

UnpermittedsigninfrontofMiamiBeachCommunityDevelopmentoffice

SignsbesidescandalizedMiamiBeachCommunityDevelopmentproject

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SignsandgraffitiexistedformonthsatRussellGalbuts800Firstproject

Ownerscoffsatprivateinspectorsignageandgraffitiordinancesaspublicinspectorobserves
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Typicalscofflawsnosignagepermits,nolicensenumbers
Ifonlythepublicknewwhatwasreallygoingonbehindthisunpermittedsignwithouttherequiredlicensenumber

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ScofflawsonallfourcornersatLasOlasCafDriveInasusual

JorgePerezisahumungousdeveloper,sohemayscoffatreportedsignageandgraffitiordinances

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Scofflawsonallfourcorners,truckblockingStopsignendangerspublic

ThepreviousownerofLasOlasdidnotpayconcurrencyfees.TheCommissionhonoredhimforhiscontributions.

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Copsownthestreets,butshouldciteparkingviolationsonallfourcorners

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UzbekbellydancerNadiraAllevascandalizedaBritishdiplomat.ShemustvisitSouthBeach.