City Commissioner Valerie Newman faces a hearing before the county's ethics commission.

In a memorandum released Monday, the Miami-Dade Commission on Ethics and Public Trust ruled there was ``probable cause'' to charge Newman with 10 counts of violating South Miami's code of conduct.

If found guilty on the 10 counts, Newman could be fined $9,500. The first count carries a $500 fine; the others carry a fine of $1,000 each.

The issues pertain to whether Newman overstepped her bounds with city employees.

According to city code, an elected official should not:

• Use threatening or intimidating language during public meetings or while performing public duties.

• Issue complex requests for information from, or set up meetings with, city staff without going through the city manager.

• Pull city staffers from their work to address that official's individual needs.

• Become involved in administrative functions or attend staff meetings unless asked to do so.

Former City Manager Ajibola Balogun, who was recently fired, filed a complaint in June accusing Newman of violating all of the above.

That was just a few days after Balogun sued the commissioner -- and the city -- for allegedly interfering with his job and threatening him.

One of the complaint's main points, involving the relocation of an AT&T cable TV wiring cabinet, matches the sequence of events outlined in the lawsuit.

According to the complaint, Newman requested a meeting with Balogun, some city staffers, AT&T representatives and the owners of the Southwest 62nd Court home in front of which the box was installed.

At that meeting, the complaint states, Newman told the AT&T reps that, if they did not move the cabinet elsewhere, she would call the press. That's the first count.

The second count cites Newman for allegedly ordering Balogun to issue a permit to move the box.

The third cites a Feb. 11 e-mail wherein the commissioner states that it would be insubordination for Balogun and Public Works Director Jose Olivo to not issue the permit at that time.

Other counts accuse Newman of showing up uninvited -- and without going through Balogun -- at a police ``roll call,'' of demanding that complex records requests be handled immediately and of threatening the manager with a bad job review if he didn't fire one of his underlings.

Reached on Tuesday, Newman said the complaint, like the lawsuit, was politically motivated.

``Everything will come out at the hearing,'' said Newman, who campaigned on promises of reform and responsible development.

For his part, Balogun said the probable cause findings substantiate his claims.

``Any charges filed by me were made in good faith and with the purpose of protecting the city, its charter and ordinances,'' Balogun said Tuesday.

Balogun's lawyer, Neil Flaxman, said the findings bolster his client's claim that ``there was retaliatory motive involved in his summary termination.''

During a commission meeting Oct. 6, Vice Mayor Brian Beasley moved to fire Balogun on the spot, a motion seconded by Newman and Commissioner Lew Sellars and opposed by Mayor Horace Feliu. Commissioner Velma Palmer had left the meeting early.

The firing has deepened South Miami's political divisions.

Robert Meyers, executive director of the ethics commission, said Monday that if the parties don't settle the issue among themselves, the complaint goes to a public hearing similar to a trial, where evidence is presented. That hearing has not been scheduled.

``If the commission concludes that there's been a violation, we can fine people or issue letters of reprimand. But we don't remove people from office,'' Meyers said.

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