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CORAL GABLES

Coral Gables city attorney is cleared of ethics charges

Coral Gables City Attorney Elizabeth Hernandez was cleared Monday of charges by a city employee that she did not act in the best interest of the city by suggesting he seek an outside attorney.

cteproff@MiamiHerald.com

Coral Gables City Attorney Elizabeth Hernandez did not violate ethics laws when she suggested that an employee hire a specific lawyer in a case involving the city, the Miami-Dade Commission on Ethics and Public Trust ruled Monday.

Procurement Supervisor Danilo Benedit -- who last year wore a wire to help police catch the former city manager's attempt to cover up credit card charges and then filed a lawsuit against the city claiming retaliation -- filed ethics complaints earlier this year against Hernandez. He alleged that her suggestion to hire a lawyer to defend him was not in the best interest of the city.

Benedit also had filed a complaint with The Florida Commission on Ethics for the same charges, but the state commission dropped the charges in January.

Benedit's complaints stemmed from a conversation he had with Hernandez in May in which he wore a wire. Benedit said Hernandez recommended that he call Kathleen Phillips, an attorney who has represented both the police union and former Building and Zoning Director Margaret Pass, in his actions against the city. Pass was fired from her position in 2007 after her administrative assistant allegedly split paychecks with ghost employees and was arrested on grand theft charges. Last month, she withdrew her appeal of her firing.

Hernandez said Tuesday that she was ``happy it is over with.''

``You can never guess what a judge is going to do,'' she said. ``I am very proud of the representation I have provided and will continue to do so.''

Benedit, who was in procurement training, did not return calls. Benedit's lawyer, Catherine Rodriguez, said Monday's decision does not have any bearing on Benedit's federal whistle-blower suit, where he alleges he was retaliated against after cooperating with police to tape record former City Manager David Brown. Benedit claims that since he cooperated with police he has contended with a hostile work environment.

``Just because there wasn't a violation of the code of ethics doesn't mean it's not a violation of law,'' Rodriguez said.

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