Alleged violation of Florida statute 838.016 unlawful compensation or reward for official behavior. City Resolution 05-134, Executive Leave for department heads, does not include Executive Leave payouts. As City Manager, and as Assistant City manager, Allen is not defined as a "department head"
Alleged violation of Florida statute 838.016 unlawful compensation or reward for official behavior. City Resolution 05-134, Executive Leave for department heads, does not include Executive Leave payouts. As City Manager, and as Assistant City manager, Allen is not defined as a "department head"
Alleged violation of Florida statute 838.016 unlawful compensation or reward for official behavior. City Resolution 05-134, Executive Leave for department heads, does not include Executive Leave payouts. As City Manager, and as Assistant City manager, Allen is not defined as a "department head"
201 Southeast 6th Street Fort Lauderdale, Florida 33301 Attention: Timothy Donnelly, Assistant State Attorney Public Corruption Unit John W. Scott, Inspector General Office of the Inspector General One North University Drive, Suite 111 Plantation, FL 33324 Chaz Stevens MAOS / The Broward Post 1600 S. Dixie Highway #300 Boca Raton, FL 33432 RE: Lauderdale Lakes City Manager Jonathan Allen Dear Sirs: I hereby file the following criminal complaint against Jonathan Allen, City Manager, Lauderdale Lakes. Allegation: Violation of Florida Statute 838.016 Unlawful compensation or reward for official behavior. (1) It is unlawful for any person corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept, any pecuniary or other benefit not authorized by law, for the past, present, or future performance, nonperformance, or violation of any act or omission which the person believes to have been, or the public servant represents as having been, either within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty. Nothing herein shall be construed to preclude a public servant from accepting rewards for services performed in apprehending any criminal. In support of this allegation, I offer the following: 1. City of Lauderdale Lakes Resolution 05-134, Executive Leave for Department Heads. 2. Resolution 05-135 states any unused executive leave is paid at the fiscal year ending. Regarding Allens Executive Leave payouts (see attachment), we note the following disbursements: 1. October 28, 2009 (for period October 2009 to September 2010) 2. January 5, 2011 (for period October 2010 to September 2011) 3. August 29, 2012 (for period October 2011 to September 2012) All of which raises the following questions: 1. As City Manager, Allens compensation package, negotiated with the City Commission, does not include any Executive Leave payouts. 2. As City Manager, and as Assistant City Manager, Allen is not defined as a department head. Therefore, he is not eligible for payout under the terms of Resolution 05-134. 3. While the Commission approved Resolution 05-134, it was up to Allen to implement the policy. Page 2
4. Allen, though not eligible to collect such, on multiple occasions, fraudulently approved his own paid leave. 5. Notwithstanding Allens own undue enrichment, his 2011/2012 leave payouts were disbursed prior to the end of the fiscal year, in clear violation of Resolution 05-134. In summation, I allege Lauderdale Lakes City Manager Jonathan Allen fraudulently misused the power of his office, by inappropriately approving his own week of annual paid leave (2011 and 2012) thus providing him with undue enrichment. Given this, I respectfully request the Broward County State Attorneys Office and the Broward Office of Inspector General thoroughly investigates this allegation and to the extent permitted by State or local law or regulations, any and all penalties, sanctions, or other disciplinary actions for violations of such standards be applied forthwith. Ive also forwarded a copy of this complaint to Ray Araujo of the Miami Dade State Attorneys Office. Finally, we believe this problem is a systemic issue, therefore well also be filing criminal complaints against Lauderdale Lakes employees Teresa Brown Stubbs and D'Andrea Giddens-Jones. Happy hunting;
Timothy Chaz Stevens 818-468-5433 Resolution No. 05-134 Exhibit "A" DEPARTMENT HEADS' UNIFORM BENEFITS PACKAGE SUMMARY The following constitutes the standard benefit package to be enjoyed by Department Heads in addition to the applicable base salary: I. HOLIDAYS: a. New Year's Day b. Martin Luther King, Jr. Day c. Memorial Day d. Independence Day e. Labor Day f. Columbus Day g. Veterans' Day h. Thanksgiving Day 1. Friday after Thanksgiving Day J. Christmas Day epartment Head staff shall enjoy one week (5 days) paid leave, also known as "executive leav ," each year as recognition for devoted hours spent working for the City durin special events, Commission meetings, special projects requiring extraordinary hours, and other usmess re ated measures in which said employees are required to attend. x five leave is subject to pay out at the end of tbe fiscal year if leave rights have not been utJ1ized at any time during the year in which the leave was earned. At no ltme shall executive leave carry over into fhe next fiscal year. '"Upon separation of employment, if said leave has not been utilized or paid out, the executive employee shall enjoy the benefits of pay out. Ill. PERSONAL LEAVE: Three (3) paid days per year, provided that personal leave cannot be carried over from year to year, and first year's entitlement shall be pro-rated as follows: October 1st- November l5 1 h - 3 days November l6 1 h- January 31 51 - 2 days February 1st - August 31st - I day After September 1 51 - 0 days
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10/05/2012 15 : 4 3 dandreag ! Ci ty of La uderdale Lakes DETAIL CHECK HI STORY BY EMPLOYEE NAME 01/01/2009 to 1 0/ 05/ 2 012 ORG OBJ PROJ LOC J OB CHECK PAY TYPE HOURS LOC: CMO ORG: 0010400 CH ACM 000014262 , 355 4 0.00 TOTALS : NET: 2,4..9.!L <tO 4 0 . 00 ' Check Da te: 01/05/ 2 0 11 0010400 1110 \ CH ACM 000015050 1 355 EXEC 40.00 CHECK t:05/20: TOTALS: NET: ' , <1.98 .A 40.00 Check Date: 08 29/2012 0010400 121 0 CMO CM 000015672 355 40.00 CHECK 08/29/2012 TOTALS: NET: 2 , 7H. 40.00 EMPLOYEE TOTALS: NET: 7,708.34 120.00 GRAND TOTALS: NET: 7,708.34 120.00 AMOUNT OED TYPE 2 , 498 . 40 2, 4 98.40 2,498.40 2,498.40 2' 711. 54 2,711.54 7 , 70 8 . 34 7 , 708.34 END OF REPORT - Generated by D'Andrea Giddens-Jones ** EMPLOYEE 0. 0 0 0 . 00 0.00 0.00 0.00 l PG 1 p r h i srpt EMPLOYER 0 . 00 0 . 00 0.00 0.00 0.00 .. Payout of Executive Leave I understand that Executive Leave is to be paid out at the end of each fiscal year and cannot be carried over to the following year. I have not utilized my Executive Leave (either all or part) this fiscal year and elect not to use the balance for this fiscal year. Therefore, I am hereby requesting payout of my Executive Leave at this time. Name Signature Date . '. .. :e
CITY OF LAUDERDALE LAKES EXECUTIVE LEAVE PAYOUT REQUEST FORM EMPLOYEE REQUESTING EXECUTIVE LEAVE PAYOUT Employee Name: Jonathan K. Allen Department: Office of the City Manaaer
#of Executive Leave Hours Available: ..:..:40 ,__ _____ #of Executive Leave Hours to be paid out: forty (40) Note: Executive employees are allowed a payout of a maximum of forty (40) hours of Executive Leave time each fiscal year. "The total payout will be taxed. I understand that I am requesting an Executive Leave payout at this time of my own choice, and that the City of Lauderdale Lakes will not be liable to me for this time once it has been paid out. I further understand that once the payout is completed it cannot be reversed. I attest that I have not received a payout of any Executive Leave time within the current Fiscal Year (October 1-September 30).
Employee Signature Date Print Name For Human Resources (HR) and Finance Use Only: '" l / 1 ff\ Verified Executive leave Balance HR Rep. lnitials:Date: .o '/}Y Verified Executive Leave Balance Finance Rep. ate: I J!4 l \ \ I Executive Leave Payout Request Form Resolution No. 05-134 adopted September 27, 2005 CITY OF LAUDERDALE LAKES EXECUTIVE LEAVE PAYOUT REQUEST FORM EMPLOYEE REQUESTING EXECUTIVE LEAVE PAYOUT Employee Name: __) ft}(t-tvt_ Department: ofhs:e Ext. ________ _ #of Executive Leave Hours Available: ____ #of Executive Leave Hours to be paid out: forty (40} Note: Executive employees are allowed a payout of a maximum of forty (40) hours of Executive Leave time each fiscal year. *The total payout will be taxed. I understand that I am requesting an Executive Leave payout at this time of my own choice, and that the City of Lauderdale Lakes will not be liable to me for this time once it has been paid out. I further understand that once the payout is completed it cannot be reversed. I attest that I have not received a payout of any Executive Leave time within the current Fiscal Year (October 1-September 30).
Employee Signature Print Name For Human Resources (HR) and Finance Use Only: r.vtf! gj Verified Executive Leave Balance HR Rep. lnitials: .. Date:_ ' _.__"""" i)'-"-;._'JQ__._,p:;;). =--- Verified Executive Leave Balance Finance Rep. Initials: _____ Date: _____ _ Executive Leave Payout Request Form Resolution No. 05-134 adopted September 27, 2005