Miami mayor tries to block investigation into city manager accused of abusing power

Miami Mayor Francis Suarez’s Christmas gift to his ally and chosen city manager: A get-out-of-investigation-free card.

Suarez is doubling down on his support for his top administrator, City Manager Emilio Gonzalez, by using his veto pen to block an investigation into whether Gonzalez used his position to fast-track permits for a deck in his backyard using doctored documents.

But there may be a legal disagreement over whether the veto is valid. City Hall sources said an opinion from city attorney Victoria Mendez is forthcoming. The issue stems from the question of whether or not the commission’s action came in the form of a directive to the auditor instead of a formal piece of legislation. In either case, Suarez was presented an option to veto a resolution creating the investigation, according to paperwork he presented a reporter after this article was published online.

The dispute adds another layer of friction to an already tense City Hall environment, where a motion to fire Gonzalez turned into a vote of no confidence by a majority of the commission.

On Dec. 12, Commissioner Joe Carollo unexpectedly laid out his accusations against Gonzalez during a discussion item with a vague title about the city manager, code compliance and building regulations. The discussion led to a unanimous vote to instruct the city’s auditor general to look into the permitting accusations.

On Monday, Suarez filed a veto of that commission action. In his veto message, Suarez argued that it was improper for the commission, which raised the accusations, to empower a direct subordinate of the commission, the auditor, to launch an investigation. Suarez said the auditor cannot be truly independent because the commission controls the auditor’s budget and staffing.

“The commission seeks to act as judge, jury and executioner,” Suarez wrote. “The commission’s actions to empower the independent auditor general to investigate the accusations against the city manager runs afoul of our constitutional limits.”

The veto cements the alliance between Suarez and his city manager, and it sets the stage for a potential political clash at the commission’s first meeting in 2020, on Jan. 9 — if the veto stands.

On Dec. 12, Carollo produced images and permitting records that suggest the city manager might have falsified a land survey while applying for a permit. Carollo, a frequent critic of the manager, also theorized that Gonzalez used his position to fast-track his permit through necessary approvals across multiple city departments.

Gonzalez was not present because he was with his wife, who is ill. He told the Miami Herald he was dealing with his wife’s situation, and he would respond to the accusation at the appropriate time.

Though the manager was absent, Carollo and Commissioner Manolo Reyes used the discussion as a springboard to share their complaints about Gonzalez’s management style, saying he delegates responsibility too much and is not responsive to questions from elected officials. Carollo, who has faced code violations on one of his properties for unpermitted work, also accused Gonzalez of behaving like a politician instead of an administrator by spending time posting selfies to social media and hobnobbing with elected officials in Tallahassee.

Suarez defended Gonzalez during the hearing, saying the city manager should at least be present to defend himself. Commissioners Ken Russell and Keon Hardemon said they were concerned about the allegations and expressed reservations about Gonzalez’s style, but they thought it was inappropriate to proceed without Gonzalez present.

Four votes were required to fire Gonzalez. Newly elected Commissioner Alex Diaz de la Portilla, whom Carollo supported through his campaign, joined Carollo and Reyes in voting to dismiss the manager. Russell and Hardemon voted against. All five did vote to send the permitting allegations to the city’s independent auditor general for an investigation.

This story was originally published December 23, 2019 at 7:07 PM.