MIAMIMIRRORTRUEREFLECTIONS

17December2014
JimmyMorales,Esq.
CityManager
CITYOFMIAMIBEACH
RE:MysteryCustomerReport002
DearSir:
AttachedismyMysteryCustomerReport002,whichcomprises,inthemain,correspondence
appertainingtotheadministrationoftheCodeComplianceDepartment.
Much of the information is old hat by now, yet some serious problems persist, as shall be
evidencedinfuturereportsandperhapsinlitigation.
Selective, random, lenient, and a dearth of proactive enforcement, as well as what the new
director, Hernan Cardeno, Esq., calls due process but is really past due process, are still
excusedasusual,blamedonthecomputerandascarcityofhumanresources.Thatisnotto
saythatMr.Cardenohasthepowerortoolstoremedythesystemicfaults.
Nonetheless, I have seen marked improvements in code enforcement around South Beach.
Unfortunately, I am only one person, so my positive reports are as anecdotal as my negative
ones.Myappealsforathoroughaudit,sowecanseetowhatstatisticaldegreeimprovements
havebeenmadesincethenewdirectorwasappointed,havefallenondeafears.
The procedures themselves seem to lack consistency. I offered to examine the procedures
manual to see if I could make constructive suggestions, but I cancelled my request because I
have no budget to pay for a copy. I note that on one occasion I was billed several hundred
dollars for IT to find three email that an official had already easily provided me with. On this
occasion I informed the city clerk to cancel my request because I am no longer interested in
assisting the city gratis, as I have done in the past with considerable benefits including
thousandsofdollarstothecity.
Lackinganaudit,weareleftwiththeintegrityandincredibleresumeofthenewdirector,who
was appointed on that basis. I have personally found him to be sincere, responsive, and
straightforward.YetIremainskepticalofthewholeshebang.
CodeofficershaveconfidentiallygivensuchglowingaccountsofhimthatIhadtoassumethat
the previous administration of the department, when it was a division of Building, was
horrendous.
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MIAMIMIRRORTRUEREFLECTIONS

Thatisonekindofintegrity,thekindthatyouyourselfhave,summarizedasbeingaNiceGuy.
Anotherkindismatchingdeedstowords,inanaccountablemanner.
I submit this report for the record, with absolutely no expectation that you will read it, or
respond to the issues other than to refer it to your troubleshooting defense counsel, Joe
Jimenez,fordismissal.
IofferitwithallduerespectrequiredbytheCitizensBillofRightsofMiamiDadeCounty,from
which it may be implied that citizens do not have any rights unless they respect government
officials.(1)
BestRegards,
DavidArthurWalters

(1)HomeRuleCharterCitizensBillofRights,(B)Theforegoingenumerationofcitizens'rights
vests large and pervasive powers in the citizenry of Dade County. Such power necessarily
carrieswithitresponsibilityofequalmagnitudeforthesuccessfuloperationofgovernmentin
the county. The orderly, efficient and fair operation of government requires the intelligent
participationofindividualcitizensexercisingtheirrightswithdignityandrestraintsoastoavoid
any sweeping acceleration in the cost of government because of the exercise of individual
prerogatives,andforindividualcitizenstograntrespectforthedignityofpublicoffice.

Page2of2

MYSTERYCUSTOMERFILE002

OnCodeComplianceAdministration

ComplaintDoctor
12/17/2014

TheCityofMiamiBeachhastouteditsnewMysteryCustomerprogramwherebycityemployeesinone
departmentarerequiredtoobserveandratetheperformanceofcityemployeesinotherdepartments.
Theresultsofthisselfcriticismprogramhavenaturallybeenastounding,withimprovementsreported
everywhere. The program does increase awareness, and improvements are bound to result when
behaviorisunderobservation.Socialcreaturesperformbetterwithanaudience,butlearnbetteralone.
However,genuine360degreecriticismofthenegativesort,including criticismofmanagement,isnot
appreciatedatcityhall,whereonethingiscertain:youwillberetaliatedagainstforpubliclycriticizing
the organization, which is constituted like a business i.e. in fascistic manner, without independent
branches. Therefore independent i.e. private mystery customers are required to render trenchant
criticism, which is necessary for the advance of civilization or at least to arrest its decline. They are
limitedinnumberbecauseprivatecriticswillberetaliatedagainsttooiftheyhaveanythingtolose.And
inthissmalltown,thereisusuallynomysteryastowhotheanonymouscomplainantis.Whatfollows
below is mystery customer correspondence from a customer whose motives are a mystery to
institutionally blind city officials, so much so that the former city attorney characterized his customer

MYSTERY CUSTOMER FILE 002

reportsasdelusional,andlocaleditorsshunnedhimasawildcard.Theproblemwithindependenceis
that its results are unpredictable. Anyone who complains about city hall, even if their complaints are
legitimate,isdeemedcrazybecausetheylackintegrityi.e.integrationwiththeauthoritarianregime
theoverwhelmingFtypemajoritycottonsto.

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
WhywerethetoptwoadministratorsofCodeCompliancepromotedtopermanentandmore
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

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MYSTERY CUSTOMER FILE 002

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.
CityManagerJimmyMorales,averyniceguyandapoliticalinsiderwithoutcitymanagement
experience who was appointed on April Fools Day 2013 to clean up the city after the most
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
developerswithoutafull,comprehensivepermit,utilizingprivateinspectors,onthecondition
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
punishedfortheirgoodbehaviorwithdismissalorforcedresignation.Andnowtheunelected
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.
CompletelyuntouchablehavebeentheheadsoftheCodeComplianceDivisionoftheBuilding
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
ComplianceDivisionuntilanewdirectorcouldbefound.Shortlythereafter,onMay24,2011,
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,whowouldsoonbeforcedtoresignindisgrace,butwillworkcloselywithmy
executivestaffonissuesthatremainapriorityfortheCity,andprovidesupportinthereviewof
theCity'scodecomplianceprocesseswhenthatisinitiated.
WhetherornotMr.SantosAlbornadeservedit,hebecamedespisedbyseveralpeopleintimate
with Compliance operations even before he became the subject of a fruitless F.B.I.
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MYSTERY CUSTOMER FILE 002

investigation. Even Commissioner Ed Tobin engaged in heated email exchanges with Mr.
GonzalezcriticizingtheperformanceofCodeComplianceunderMr.Alborna.
Wemustaskwhywehaveallthiscorruption,Mr.TobinemailedMr.GonzalezonApril24,
2012.Corruptioninthisinstanceisabyproductofthelackofoversightandaccountability.The
waste and mistakes we have pointed out over the years is staggering. I must hold you
accountableforahostofmattersbothinandoutofthenewspapersoflatethatbearonyour
abilitytomanage.IamsurethatthislatestscandalinvolvingthecodeinspectorswillNOTbe
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
residentsthoughttheunfoundedratewassuspiciouslyhighandyouassuredusnocorruption
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.Cardenocalledhimatroublemaker,retaliatingagainsthimafterMr.Albornareturnedto
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
shadowsof pastscandals,whichnamely,IattributetoMr.Cardeno'sextensiveexperiencein
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 apparentlychanged since theremoval 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
integritywithanextensivelawenforcementbackground.TheCityisluckytohavehimandhe
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 HernanCardeno asDirector ofthe tobecreatedCode
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
newsetofleaderswith,aredisinclinedtocriticizetheirownjudgmentunlesssomethinggoes
terriblywrong.LikeCommissionerTobin,Ibelieveitwillgowrongunlessthatattitudechanges
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,Iaskedhighofficialsandthecitysinternalauditortoconductathoroughauditof
the records to compare the resultswith the results of the previous audits to see if there has
beenanyimprovement.
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MYSTERY CUSTOMER FILE 002

Iwasgreetedwithabsolutesilence.NeedIaskwhy?
Sincerely,

DavidArthurWalters

[NO RESPONSE TO ABOVE]

On Wed, Aug 20, 2014 at 7:34 PM, Rodriguez, Nannette

<NannetteRodriguez@miamibeachfl.gov> wrote: What is your specific question?

From: David Arthur Walters [mailto:miamimirror@gmail.com]

Sent: Wednesday, August 20, 2014 12:45 PM
To: Rodriguez, Nannette
Cc: Cardeno, Hernan; Castell, George; Morales, Jimmy
Subject: Comment Requested RE Adequate Staffing to Achieve Police Power
Objectives
Good Day, Madame. I am taking Code Compliance Department Administrator George Castell's
advice to contact you for a sophisticated exposition of certain policies. Attached you will find a
PDF elaborating my concerns along with several relevant images. Best Regards, David Arthur
Walters
[SEEBELOW]

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MiamiBeachHighSchoolGymnasium,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

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MYSTERY CUSTOMER FILE 002

unless complaints are received from persons who dare to risk retaliation from the offenders
andevencodecomplianceofficersthemselves.
Mr.Castellhimselfhasdiligentlyfolloweduponmyinquisitionsaboutpossibleviolations,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
oppositionpress;thatis,exceptforoneoccasionIknowof,ataconferencein2010,whenhe
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
officersthebenefitofthedoubt,eventhoughintentionallyrandomapplicationofthecodeis
kindofselectiveenforcement.
Themostegregiousinstanceofselectiveenforcementbroughttomyattentionisthecitationof
abusinessowneronatrumpedupchargebecausehefiledananonymouscomplaintforwhich
he was fingered because he mentioned it to supervision, that compliance officers were not
enforcingcodeinrespecttocompetingbusinesses.Asamatteroffact,thecodeviolationhe
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
thatmanyviolationsoneveryblock.IsuggestedthatIcouldmakeanhonestlivingat$25per
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
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MYSTERY CUSTOMER FILE 002

responsible for prosecuting public corruption,. He retorted with a record of prosecution of

MiamiBeachofficials;however,IdonotthinkhisbattingaveragewouldgethimintotheHallof
Fameifhisactivityrecordwerecomparedwithwhathehadnotdone.
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
officialswhoparkinnoparkingzonesattheLasOlasCafDriveIntorefreshthemselvesas
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.

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MYST
TERY CU
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0

Thankfully, all but the

t graffiti was cleaned
d up within
n the last tw
wo days. Peerhaps someone
complain
ned, but the
e correction should nott have been
n contingentt on a comp
plaint. In facct, as
witnesseedbelow,accompliance officerparkedafewfeeetawaysho
ouldhavewaalkedaround
dthe
propertyyandcitedth
heviolationss.
So the county
c
was stood on its head ass negligent officials allo
owed the quality
q
of liffe to
deterioraateforthree
emonths,advertisingthedegradattionasifMiiamiBeach wereparto
ofthe
Third World. Here disrespect for
f authoritty is inculcaated in chilldren by waay of its glaring
negligencce.

Graaffitiseenbychildrenleavingggymnasium

Ihaveno
oticedelsew
wherethateevensignserrectedbyth
heMiamiBeeachHousingAuthority have
expired permit decaals. I have seen
s
countyy signs ereccted with no
o permits at all, adverttising
nwithoutexhibitinglicen
nsenumberrsasrequired
dbystatelaaw.
cooperattingcontracttorsthereon
Shouldcomplianceo
officershaveenoticedthePennEspaanolaissue, andthegraaffitithekidssee
when they exit the gymnasium
m? Of course they shou
uld: they drrive by it every day. Itt is a
standingindictmentoftheirnegligence.

2014hrs(left)2925hrs(righ
ht)atPennEsp
panolaon21June2014

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MYSTERY CUSTOMER FILE 002

Specifically,at8:14pm,on21June2014,Iobservedacodecomplianceofficersittinginhiscar
a few feet from the upsidedown sign. I had been enjoying repast at a fine restaurant on
EspanolaWayfortwohours.Ithoughthemighthaveacomradenearby,checkingforviolations
alongEspanolaWay,althoughIhadseennosuchofficeraroundtherestaurant,soIreturned
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,MannySent:Saturday,June21,20148:00PMTo:Romero,Miguel
Subject:RE:OkFinishandsendtomeandcopyCastell.Thanks

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MYST
TERY CU
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0

From:Romerro,MiguelSent:Saturdaay,June21, 20148:27 PMTo:Villaar,Manny

Cc:Castell,GeorgeSubject:RE:Espan
nolawayf.y.iEspanolaw
waydetail
Mr. Card
deno acknow
wledged thaat all the ab
bove was wh
hat he too had
h received
d, and explaained
thatthattisthekind ofreportheegenerallyggets,andthaatnoperson
nalcontactsaremadeaatthe
restauran
ntsunlessth
hereareviolations.
My previous, person
nal experien
nce with com
mpliance paatrols on Esp
panola Way and compliance
officer activities elsewhere is that
t
on man
ny occasion
ns false repo
orts are fileed. Furtherm
more,
violationsinplainvie
ewareroutin
nelyignored
d.
uggest that a managerr at each reestaurant insspected be named, and
d that his or
o her
I here su
signatureeberequireedontheoff
fficersactiviityreportso
orinputsheeets,alongw
withthedateeand
timeofin
nspection,w
whethertherreisaviolatiionornot.A
Andofficialsshouldbesu
ubjecttocrim
minal
prosecutionforfiling
gfalsereportts.
Mind yo
ou that is not to say that I have not witnesssed compliaance officers including their
superviso
orsperformiingexcellenttly.Thatisw
whyIfindtheeanomalies soreprehen
nsible.
Again, th
he compreh
hensive policcy I have been
b
referreed to for ju
ustification is that the Code
Complian
nceStaffisu
understaffed
d,i.e.staff isusuallyto
oobusyresp
pondingtoccomplaintsttobe
proactivee,and, whe
en not so busy, that o
our objectivee is to get people
p
to co
omply and not to
punishevveryone.Aggain,Ideleteearesponsiveexpletivee.

Ju
une27(left)Au
ugust17(right))areaisoverrgrown,trasho
onpremises

Nowthen,sinceIhaavebeenreferredtoyo
ouforaform
malstatemeentofpubliccpolicyontthose
apologiess, one that will hopefu
ully put a nice
n
face on
n the city despite
d
its blemishes,
b
I look
forwardttoreceivingyourportraitofsame.

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MYSTERY CUSTOMER FILE 002

Sincerely,
DavidArthurWalters
BrokenSignageOrdinanceTheory:Whereversignageandotherminorlawsarescoffedatdue
tonilorlaxenforcement,itislikelythatfarmoreseriousinfractionscanbefoundbehindthose
signs.
PHOTOGRAPHICNOTES:

UnpermittedsigninfrontofMiamiBeachCommunityDevelopmentoffice

SignsbesidescandalizedMiamiBeachCommunityDevelopmentproject

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SignsandgraffitiexistedformonthsatRussellGalbuts800Firstproject

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MYSTERY CUSTOMER FILE 002

Ownerscoffsatprivateinspectorsignageandgraffitiordinancesaspublicinspectorobserves

Typicalscofflawsnosignagepermits,nolicensenumbers

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Ifonlythepublicknewwhatwasreallygoingonbehindthisunpermittedsignwithouttherequiredlicensenumber

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ScofflawsonallfourcornersatLasOlasCafDriveInasusual

JorgePerezisahumungousdeveloper,sohemayscoffatreportedsignageandgraffitiordinances

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Scofflawsonallfourcorners,truckblockingStopsignendangerspublic

ThepreviousownerofLasOlasdidnotpayconcurrencyfees.TheCommissionhonoredhimforhiscontributions.
LasOlasCafisfrequentedbycityofficialsandissaidtobetheplacetomakespecialarrangementswiththem.

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Copsownthestreets,butshouldciteparkingviolationsonallfourcorners

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UzbekbellydancerNadiraAllevascandalizedaBritishdiplomat.ShemustvisitSouthBeach.

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[NOTES]
20101101 LTD 2952010 Jorge Gonzalez to Commission: I have asked Robert Santos
AlbornaSeniorAdministrativeManagerintheBuildingDepartmenttofilltheCodeCompliance
Division Director position He will act in that capacity until more permanent staffing decisions
aremadeThisassignmentwillbecomeeffectiveWednesdayNovember32010Iamsureyou
willfindRoberttobeverycapableandabletoaddressanycodeissuesyoumaydealwith.
20120423EmailTobintoGonzalez:FortheentiretermforwhichIhaveservedIhavefaced
enormous hurdles whenever I sought information relative to mistakes, inefficiency,
incompetence, overspending, waste, criminal conduct or lack of oversight. You have always
fought hard and successfully to keep these matters strictly within your purview citing your
management privilege. Commissioners only receive information through you. All handpicked
departmentheadsandexecutivelevelemployeesforwhichyouhavelongstandingfriendships
guardthisinformationinsuringinformationofanynegativenaturewhatsoeverdoesnotgotoa
Commissioner.Ofcoursewecannotexerciseanyeffectiveoversightovermanagementwhen
anyinformationthatmaytendtosuggestmistakes,inefficiency,incompetence,overspending,
waste, criminal conduct or lack of oversight by management is withheld from us (unless it
reachestheMiamiHerald).
20120423 Email Gonzalez to Tobin: I am happy to share with you anything you wish. All
youhavetodoissimplycallmeandask(asyouhavedoneinthepast).Asitrelatestoaccessto
information,youhavehadaverygoodabilitytoacquireinformation.Onseveraloccasionsyou
haveaskedmeaboutmattersthatcametoyourattentionfromsourcesotherthanfrommeor
through official administration sources. I have always researched and provided you with
whateverIkneworfoundout.Iwillcontinuetodoso.
20120424 Email Tobin to Gonzalez: Apparently you and the Mayor advised the Miami
Herald Editorial Board that Commissioners are taking campaign contributions for fixing code
violations.The Commission has very little say so in regards to the day to day operations.
CommissionersarenotprivytoANYmattersofemployeemisconductormalfeasance.Weget
that type of information from newspapers, blogs and the rumor mill. Commissioners have
complainedmanymany(sic)timeseveninour retreatsthatyoudonotholdyour executives
accountable.Asforyourassertionthatyourecommendedanauditofthecodedepartment
andwerejectedtheidea.MymemorydiffersfromyoursandI'mbettingthematterisontape.
In fact many of the residents wanted an auditand you suggested wewait a while since your
Director,RobertSantoswasnewtothejobandbyallaccountsthedepartmentwasdoingwell.
The residents thought the unfounded rate was suspiciously high and you assured us no
corruptionexisted.Youwereastrongadvocatefornoaudit.
20120602EmailWalterstoTobin&Commissioners:EDITORIAL:Weshouldnotbedeceived
intothinkingthatchangingcitymanagersisgoingtochangealongstandingculture,muchofit
informal. Whosoever takes the office will have to adjust to the status quo unless a radical is
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MYSTERY CUSTOMER FILE 002

brought in and given temporary dictatorial powers except over the budget (as in Rome). The
salient features of his background should be courage, honesty, and intelligence. Formal
educationandwhetherornots/heinhaledornotshouldbeattheendofthelist.Jorgeshould
haveremainedinhispositionforanotheryearinordertotakeadvantageoftheimpetusfor
reformi.e.arealcrackdown,andsavesomefacetoboot.Obviously,certainreformersdidnot
wantthatcrackdown,andhaveinterestsrootedintheverycorruptiontheypretendtodesire
torootout.Allthecurrentcommissionersshouldbereplacedassoonaspossiblewithaslateof
cleancandidates.PerhapsJorgeshouldconsiderrunningformayoronastrongmayorcharter
reformplank.
20120602EmailTobintoWalters:CanIbuysomepotfromyou?
20120602EmailWalterstoTobin:Soldoutin71whenIcoppedouttotheMan.TryGreen
Square.
20120602EmailWalterstoDelVecchio:GreenSquaremanagestheFlamingoTennisCenter
heavy pot use by principals and pros, excluding themselves from drug tests the manager is
CommissionerWeithornsbrotherinlaw,didtimeforcocainetraffickingtherelevancyforme
wasthecity's(esp.KevinSmithinParks,JorgeGonzalez)lackofoversightandnegligence.
20130605MemoFinanceCommitteeMoralestoCommission:DivisionCommanderCardeno
discussedCl01JobresponsibilitiesthatstatetheCityshouldimplementapolicythatrequires
Code Compliance Supervisors to perform periodic, but at a minimum monthly, productivity
reviews. The supervisors should review the Officer Daily logs to verify the officers spent the
required time patrolling for sanitation, the time spent in each location of each zone, the
complaints that are recorded for each zone and the violations written in each zone by their
officers. These reviews should be documented and filed so that they are readily available for
review by auditors or other interested parties. Management agrees that Code Compliance
Supervisors do not have a standard process in place for periodic reviews of subordinate
productivity.DivisionCommanderCardenothendiscusseditemCD04thatrecommendsthat
theCityimplementaprocedureorautomatedcontrolwithinthenewcasemanagementsystem
thattheyareseekingtoutilizethatallowsthecasefilestobecreatedfromthecomplaintfiles.
Thenewsystemshouldhavethecapabilitytoautomaticallylinkthetwo.TheCityshouldalso
implement a procedure to review and document a daily reconciliation of the XC and the
corresponding CE to confirm the information has been inputted accurately. Management
agrees with the recommendation that the City should develop a procedure or automated
control within the new case management system (Accela) that allows the case files to be
createdfromthecomplaintfilesandhavethecapabilitytoautomaticallylinkthetwo.
20140115 Memo Morales to Commission: I have determined that it is in the Citys best
interest to make the Code Compliance Division a standalone department. In doing so, I have
appointed Hernan D. Cardeno to serve as the Director, with Robert Santos as the Assistant
DirectoroftheCodeComplianceDepartment.

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20140425EditorialbyWalters:OnJanuary15,2014,CityManagerJimmyMoralesadvised
themayorandthecommissionthathehaddeterminedthatitwasinthebestinterestoftheto
maketheCodeComplianceDivisionastandalonedepartment,toappointHernanCardenoits
director, and Robert SantosAlborna its assistant director, because they had earned the
opportunity to lead the proposed department. Therefore he asked for the commissions
consent as per Section 4.02 of the Charter. Cardeno, a sworn police officer, was been put in
charge of the Code Compliance Division nearly two years past during the course of an FBI
investigationofwhichSantosAlbornawasonepersonofinterest,buthereturnedasdirector
of the division under Commander Cardeno when the investigation of SantosAlborna turned
outtobefruitless.Moralesprovidednoobjectiveevidenceforimprovementinthedivisionin
his prayer for the commissions consent, and the citys independent auditor said he has not
conductedanauditofthedivisionsperformancesincetheFBIscandal.Anecdotalinformation
besidestheblatantlackofproactiveenforcementofsignagelawsuggeststhatperformancehas
grownworseexceptforSantosAlbornashelpfuloutreachtothecommunity.
20140421 Email Walters to Beauchamp: Mr. Cardeno promptly fulfilled his portion of my
requestwithvariousdocuments,twoofwhichwereofgreatinteresttome:1)JamesJ.Sutter's
30November2012AnalysisofCodeComplianceandFirePreventionComplaintsandCasesfor
the Period 1 January 2010 thru 30 April 2012, and 2) Jimmy L. Morales' 15 January 2014
MemorandumtotheMayorandCommissionontheSubjectof"AResolution....Consentingto
theAppointmentofHernanD.CardenoastheDirectoroftheCodeComplianceDepartment...."
Would you please confirm with our esteemed auditor that his department has issued no
reports subsequent to 30 November 2012 auditing or addressing the performance of the
ComplianceDivision(nowDepartment)sincethen,or,ifareportorreportshavebeenmade,
tosendthemalongtome.
20140422 Email Sutter to Beauchamp: Our department has not issued any reports
subsequent to 11/30/2012 regarding the audit or performance of the Citys Compliance
Division.

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