Wednesday, May 30, 2007

Can Johnny Winton Give Sarnoff the boot? By Geniusofdespair

Will Johnny Winton - Miami's "Prodigal Son" - return to office is the big question everyone is trying to answser.

City of Miami Commissioner Johnny Winton was cleared of all the felony charges today. Technically he can return to office and finish out his term...will he? Winton's attorney, Ben Kuehne, said his client is entitled to return to office and planned to ask Gov. Charlie Crist to revoke the suspension.

Since Johnny was removed from office by the Governor, Mark Sarnoff has been a very popular replacement. Mayor Manny Diaz must be after Johnny to come back, they worked well together. Let's see how the dust settles in the next few days.

15 comments:

Anonymous said...

love the graphic.

Anonymous said...

Very interesting situation. Marc Sarnoff won two elections in November 2006 garnering a massive amount of votes. In fact, Marc Sarnoff won far more votes than Winton won in either of his two elections. Sarnoff has worked incredibly hard to be a great commissioner. He listens to everyone and no one ever accuses him of not having intregity.

Winton has been completely absent the past 12 months since his arrest for attacking two police officers at MIA. Winton has no background on the current issues facing City Hall. Winton's staff, weak though they were, all disappeared with the bonus money handed out by Linda Haskins.

Sarnoff will undoubtably win a massive amount of votes again in November of 2007. Manny Diaz undoubtably wants a "Yes man" to keep approving the shady schemes.

Anonymous said...

Let's hope someone whispers in Crists ear about the "ethics" lapses Winton has had while in office.
Whats a little land dealing , back door raise to your boss getting between friends?

Anonymous said...

Maybe someone will whisper is Crist's ear about all the nights Winton was seen out in public at 11:00 pm drunk as a skunk?

Maybe someone will whisper in Crist's ear Winton's favorite quote..."Do you know who I am?. Do you know who I am?"

Anonymous said...

Pickup the phone and call the Governor and let him know how you feel about Winton! Maybe if Charlie hears from enough folks whose lives Winton impacts, he'll take what he hears into consideration while deciding whether or not to re-instate him.

Phone: 850-488-7146
Fax: 850-487-0801

Anonymous said...

Original post is misleading.

Left out the fact that he pleaded no contest to misdemeanor battery and disorderly intoxication charges.

While accurate, "cleared of all the felony charges" isn't exactly the same thing.

Anonymous said...

Mayor Diaz & Former Commissioner Winton
It’s Good To Be Special

Just imagine that a CEO of a Fortune 500 company partnered with a subordinate to invest in a real-estate deal and then recived a recommendation from that very same subordinate to increase the CEO’s salary by a significant amount, which also happened to increase his life time retirement pension.

So the Board of Directors discovers this seemingly unholy alliance and says this does not look Kosher so let’s send it to legal and have the ethics expert look over the improprieties.

The ethics expert says it is not a felony but does smell a little funny like last holidays Cafiltafish.

So the CEO is just fined $250 about the price of a speeding ticket in a school zone.

Now let’s imagine that the very same subordinate of that CEO gets into an alcohol induced altercation with one of Miami’s Finest that is serving and protecting us at the Miami International Airport.

The altercation concludes with a well placed kick to the crotch region of the police officer and an arrest is made.

Months pass by as a result of continuances and the case is finally heard by a judge.

He pleads no contest to a misdemeanor battery and disorderly intoxication charges to receive two years' probation. The ruling is to pay $2,011 in restitution for the injured officer’s medical expenses and has to perform 100 hours of community service. He also must successfully complete an anger-management course, not consume alcohol during his probation, and pay restitution and court costs totaling $2,289. This comes out to a nice neat grand total of out of pocket expenses of $4,300 not included attorney’s fees.

And the beautiful part of this deal is that he may even have an opportunity to get his old job back and qualify for a life time pension.

Could you get a deal like this if you were in either of these positions?

Do some folks receive better justice then others?

To paraphrase Mel Brooks “It’s Good To Be Special.”

You may tell Governor Charlie Crist how you feel by contacting his office at: http://www.flgov.com/contact_form

Harry Emilio Gottlieb
Coconut Grove

Anonymous said...

In November 2006 Marc Sarnoff won two elections. He won 4,387 to finish first in the general election and then he received 3,524 votes to win the run-off.

Johnny Winton last ran in November 2003 receiving 2,268 votes.

Johnny Winton might be popular with real estate developers and lobbyists but he has nowhere near the District wide support earned by Marc Sarnoff.

Anonymous said...

Re: Copy of letter to governor/herald re: Winton


I read with some interest the various legal opinions given on the issue of Johnny Winton's right to be reinstated, in light of the plea agreement by which the charges against him were dropped from felonies to misdemeanors.

Then I read the statute in question, which states, as to suspension:

Whenever any elected or appointed official....is indicted or informed against for the commission of a federal felony or misdemeanor or a state felony of misdemeanor, the Governor has the power to suspend such municipal official from office.

As to reinstatement, the statute states:

If the municipal official is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the of the arrest, indictment, or information by reason of which he or she was suspended under the provisions of this section, then the Governor shall forthwith revoke the suspension and restore such municipal official to office.

There is absolutely no sense in which one can construe the plea bargain by former Commissioner Winton as equivalent to being "acquitted...or found not guilty...or otherwise cleared of the charges whch were the basis of the arrest, indictment or information..."

To the contrary, Mr. Winton pleaded guilty to the facts which formed the basis of the charges - albeit couched as misdemeanors instead of felonies. He was, in effect, found guilty of the charges, by his own admission. He was by no means "cleared" of said charges.

Moreover, since the statute allows suspension for either level of criminal conduct, there is no rationale for revoking the supension.

As a matter of public policy, there is compelling reason for not reinstating Mr. Winton. His admitted conduct was detrimental to public order and disrespectful of lawfully constituted authority. His violent attack on a police officer did substantial and permanent physical harm to said officer. A weapon could easily have been discharged in an airport concourse, with even more tragic consequences.

I urge the Governor to preserve the status quo and let our fine new commissioner, Marc Sarnoff, complete his term and the voters decide who will represent us in the upcoming November election.

Xavier Suarez, Esq.
Miami, Fla. 33129
(Resident of District 2)

Anonymous said...

Would Winton lose his pension and health benefits if he doesn't finish out his term? It would be foolish to give up freebies for the rest of your life...I think he will be back for those reasons.

Anonymous said...

Letters to the Editor Miami Herald June 3, 2007

NO REINSTATEMENT

I'm glad suspended Miami Commissioner Johnny Winton is "sorry." With or without an apology, average folks facing the same charges would have ended up with felony convictions. Regardless of the reasons for the reduced misdemeanor charges, Winton shouldn’t be reinstated.

We should put a stop to forgiving elected officials who breach ethical and legal codes of conduct, on or of the job. Reinstating Winton would send he wrong message to our community and kids.
Richard Strell
Miami, FL.

To call or write the Governor's office see below:
850-487-0801
paul.huck@myflorida.com
INCLUDE YOUR NAME AND ADDRESS

Anonymous said...

I do not understand. Winton gets 2,200 votes in 2003. Sarnoff gets 4,300 votes and 3,500 votes in 2006. The voters spoke three times, most recently in 2006. I read Winton could have entered the 2006 race if he wanted. He choose not to run in that race. Sarnoff's win was certified. Sarnoff was sworn in. Sarnoff is the Commissioner.

Anonymous said...

Winton's return

Suspended Miami Commissioner Johnny Winton doesn't deserve to be reinstated any more than Miami Commissioner Marc Sarnoff deserves to be replaced. Sarnoff was elected by a large majority of voters tired of business as usual.

Winton's assault of law-enforcement officers was an inexcusable act that should not be swept under the rug by requiring that he attend anger-management classes. It was yet another embarrassment for the city.

Sarnoff has proven, during his brief time in office, to be an effective voice for District 2 as well as the entire city. The governor should heed the will of the electorate and retain Sarnoff. Let voters decide the next step in November.

GARY M. SCHARPS
Miami, FL.
Miami Herald

Anonymous said...

The Miami Herald wrote its opinion and recommendation concerning the Johnny Winton Reinstatement Issue.

No-contest plea isn't an acquittal

Gov. Charlie Crist should put a quick end to speculation about whether suspended Miami City Commissioner Johnny Winton will return to office. The governor should reject Mr. Winton's request to be reinstated to his seat on the commission. The reason is as clear as sunshine: Mr. Winton disgraced himself, his office, his fellow commissioners and city residents in a drunken fight with police at Miami International Airport last year.

The statute under which former Gov. Jeb Bush suspended Mr. Winton takes into account guilty and no-contest pleas. It says that suspension or removal from office is allowed even when there is a no-contest plea ''if the municipal official is convicted of any of the charges contained in the indictment or information.'' With his plea, Mr. Winton stands convicted. He has acknowledged his improper behavior, which included striking the officers and attempting to intimidate them with the power of his office by demanding, ''Do you know who I am?'' This is unprofessional, undignified behavior that mustn't be rewarded by returning Mr. Winton to office.

Mr. Winton may not get this, but Gov. Crist should show that he does.

The entire column may be seen at; http://www.miamiherald.com/opinion/editorials/story/130085.html

Anonymous said...

Very clear well written Editorial from the "Herald". Winton deserves jail, not reinstatement.