Tuesday, January 18, 2011

Miami-Dade police won't repay "stolen" environmental funds and Mayor Alvarez will pay the price ... by gimleteye

It's only $6 million, according to the Miami Herald, "misspent" by the Miami-Dade police department but it is the brazen culture of snatch and grab politics that will speed Mayor Carlos Alvarez out of office in the general recall election scheduled for March 15.

We are used to the bad cop narrative. A lone policeman goes rogue. This is a different story. The crime begins with the diversion of funds collected as a result of successful environmental prosecutions-- including the U.S. EPA-- to feather the beds of police captains with connections to an official elevated out of the police ranks to Miami-Dade mayor for his reputation for integrity and honesty: Miami-Dade mayor Carlos Alvarez.

Mayor Alvarez and the police department allowed the top cop responsible for the fiasco to retire without consequence except for a severe bruising in the press. According to comments on this blog, he retired with full benefits. (I have not investigated this assertion.) Now the police department has responded to a recommendation by the Office of the Inspector General: no, we will not replenish the "misspent" funds. In the recent Herald report, the Police Director James Loftus says, "... that over the life of the trust funds, the department paid some $27 million out of its general fund for the salaries and benefits of officers and directors working environmental investigations -- that, in sum, the contribution of personnel costs far offset the questioned expenses."

I have a couple of follow up comments to this sad story, that will certainly contribute to recalling Mayor Alvarez. First of all, what was the return on investment of that $27 million spent by Miami-Dade police to investigate and prosecute environmental crimes. In other words, what did the public get for that money spent? Were all those high tech cameras used to stake out "drum dumpers" and how many drums were stopped and how many criminals prosecuted? Did any of those police funds result in prosecutions against developers who have failed to pay either citations or permit fees? I'd like to know. Or, was our drinking water protected from criminals who pollute our drinking water wells in West Dade?

This raises another very serious issue: the US Department of Justice is responsible for prosecutions resulting in fines by the U.S. EPA. Environmental crimes are extraordinarily difficult to prosecute. The $6 million contributed to the Miami Dade Police environmental crimes unit was, in my opinion, token "blood money" for the massive criminal enterprise that government permits to promote economic activity at the expense of our environment. In other words, a successful environmental prosecution is like manna falling from heaven. For the police department to have allowed this money to be squandered is unconscionable.

Years ago, I asked on behalf of local environmental groups, whether they could have access to the funds collected by the U.S. Department of Justice through prosecutions of environmental crimes. It made sense. Why not use fines collected from criminals to help fund chronically under-funded environmental groups? Wouldn't this be fair? Call it a "Robin Hood Fund". Well, DOJ was very uncomfortable with the idea. What they worried about most were the political atmospherics. Environmental groups, the reasoning goes, are too partisan and "too political". So what did DOJ do? They turned the money over to the police. After all, what are the police going to do, steal it?

It is extraordinarily disappointing that Mayor Carlos Alvarez and his administration have brushed off the complaints as though they were lint on a sweater. Perhaps Mayor Alvarez feels aggrieved: that in the public eye he can do nothing right. Why, under this circumstance, even try? But this particular bit of idiocy is just so easy to fix. Make the police department pay the damn money back. Let Maimi-Dade environmental groups chartered as non-profits with environmental missions have access to those funds. But so far, Mayor Alvarez hasn't lifted a finger. I hope that the U.S. Department of Justice sues Miami-Dade County over this mess. I really do.


Posted on Thu, Jan. 13, 2011
Miami-Dade police won't repay misspent environmental funds

BY MATTHEW HAGGMAN
mhaggman@MiamiHerald.com

The Miami-Dade Police Department is acknowledging it misspent funds meant to fight environmental crime on flat-screen TVs, SUVs and firearms.
``Clearly inappropriate,'' Police Director James Loftus says.

But putting the money back into the green funds, as the county's inspector general has requested? Not so fast.

``No, we are not,'' county police spokeswoman Nancy Perez said.

Miami-Dade Inspector General Christopher Mazzella said in a recent memo to Mayor Carlos Alvarez that the police have adopted many of his recommended fixes, following a scathing IG audit that found the police used two environmental trust funds as a kitty for pricey purchases with little connection to environmental crime-fighting.

But the police department is flatly rebuffing two IG recommendations: that it stop using green-fund money to pay expenses such as monthly cellphone and aircard bills, and that it repay the misused public dollars.

``We continue to stand by our original recommendations that the Trust Funds be reimbursed,'' Mazzella said in a Dec. 21 memo to Alvarez.

The police department isn't obligated to follow the IG's recommendations, unless the mayor or the county commission act. And there's little push coming from the county executive's office.

Mayoral spokeswoman Victoria Mallette would only say in a statement that ``administrative procedures have been strengthened.'' When pressed whether the mayor thinks county police should pay up, she referred questions to Loftus and hung up.

The standoff is the latest chapter in a scandal that erupted last year over county stewardship of funds that were meant to combat polluters. Instead, amid ``overall chaotic administration,'' the funds were steered to ``excessive, unreasonable, or unnecessary'' purchases, the IG audit found.

The IG's inquiry, following a Miami Herald series last year that detailed dubious spending, focused on nearly $6 million spent from 2000 to 2009 from two funds: the South Florida Environmental Task Force Trust Fund and Florida Environmental Task Force Trust Fund.

More than $1.1 million was spent on vehicle-related expenses, including the purchase of 23 SUVs and trucks that went to top brass rather than environmental investigators working in remote areas. Another $1.1 million went for cellphones used, in many cases, by officials in non-environmental departments.

Three Sharp 52-inch flat screen TVs were snapped up for about $6,000. Nearly $35,000 was spent on 30 Smith & Wesson M&P-15 rifles and holographic sights. Police justified the firearms on the grounds that an environmental investigator might encounter ``a wildlife poacher armed with a high-powered rifle.''

Three Segways were bought for $25,000. One was used periodically to patrol MDPD's suburban headquarters, and two were found ``sitting unused in a warehouse,'' auditors found.

The episode served as an embarrassment for embattled Mayor Alvarez, who is facing a recall vote on March 15.

Division Chief Frank Vecin, a close ally and supporter of Mayor Alvarez, was in charge of fund spending. At one point, Alvarez was ferried around in a Chevy Tahoe purchased with green-fund money. The county mayor later returned the automobile, saying he didn't know it was bought with funds meant to fight polluters.

The revelations of fund mismanagement prompted the retirement of Vecin.

``The IG believes the funds were managed improperly,'' said C. Michael Cornely, Vecin's attorney. ``It was their opinion. To me, the IG justifies its existence by looking for things and making issues out of things that are not really an issue.''

The two environmental funds, created in 2000 by the county commission and the U.S. Environmental Protection Agency, were established to help fight polluters in South Florida, which the county has called a ``drum dump capital.'' Funding sources included fines and court judgments.

Police director Loftus -- named to the top job in February, after spending questions were already being raised -- now says new money will not be accepted into the two funds. The remaining balance in the accounts is $1.5 million.

In defending his position that the police department need not repay the misspent dollars, Loftus contends that over the life of the trust funds, the department paid some $27 million out of its general fund for the salaries and benefits of officers and directors working environmental investigations -- that, in sum, the contribution of personnel costs far offset the questioned expenses.

Mazzella responded that the trust fund money was ``to augment, not replace'' general funds.

If they police were to repay for misspending, the precise amount isn't clear, though the August audit provides a road map.

``We left it to the police to determine what was justified, and repay what was not,'' said Mazzella.

Miami Herald staff writer Martha Brannigan contributed to this report.

8 comments:

Marty Kohn said...

Let's not forget that Frank Vecin was able to steal that money because MDPD chief legal counsel Glenn Theobald gave him the go ahead through a legal opinion he wrote for the pd which he quickly rescinded when the $hit hit the fan in order to cover himself. Mr. Theobald resigned before Vecin did in order to preserve his pension which he took in a lump sum. Regardless, we need someone to do a full audit of how the money was spent and how much of it was spent by Mr. Theobald to fund his ambitions of becoming first statewide then nationwide "mortgage fraud czar".

Anonymous said...

Hey Marty, little help here. Where was it reported that Vecin stole the money?

Dee said...

Check out the recent pics on Frank Vecin's Facebook page.

He has never looked happier!

Marty Kohn said...

To Anon, to see what he did with the money he stole, ask his neighbor, ask him about those generators in his back yard or how about that paint spraying equipment he purchased with the environmental trust fund money? I wonder where that stuff ended up?? Let's not even mention the millions that he mispent on guyaberas, direct tb subscriptions, iPhones and the mobile luxury toilets!

Anonymous said...

Our Republican legislators in Congress should insist that Miami Dade coughs up the money. After all, aren't they all about not wasting the tax payer's money. Let's challenge them to live up to their rhetoric, shall we?

Anonymous said...

Let's write a formal request of our congressmen and senators and put it on the blog, and then email them all and direct them here to read it. We can ask that, in addition to the no earmarks thing, they research this matter of misappropriation of $6M in funds.

Here is the plan:

If these dollars are returned to Washington, this blog can say that we did something significant to reduce the deficit. I think we might even get some conservatives reading the blog (with a positive attitude). After all, Genius, you became a Republican this year.

I am thinking we should start a committee and meet at the Versailles Restaurant and discuss the idea. Marco could come and talk to us and maybe we could make amens with him. After all, he's in and we're stuck with him.

Then, we can ask for funding for something that we need more - perhaps for water infrastructure (being that we are running out of it). We need retention mechanisms to retain water underground where we can store it. Perhaps that would be a good thing and I think there would be some great jobs for our cement contractors and civil engineers. This is a good thing. Do we still make concrete in Florida?

Once we solve the water problem (this is just the first phase), we can keep water bills down, which surely will be appreciated by the residents. This residual benefit will allow them to spend more money in the local economy. This seems very feasible to me.

Furthermore, once we start solving the water problem, we can build more houses. After all, we don't have regulations and we don't have an income tax. The Beacon Council can help us and we will get lots of companies to move here.

Now, those companies might not like our public education system. We are defunding education, so it might even get a little bit worse (I am not going to lie to you). Those people will want to put their kids in good private schools or charter schools. There is too much riff raff in the public schools anyway.

So, $6M back, infrastructure for water good, more contracts for cement companies, excavators, engineers (etc). More houses, more shopping centers, more schools, more charter schools. Someone get Stanley and Juan on the phone. It's going to get busy.

My calendar is pretty free right now because I am not working much. I can meet at Versailles any time next week. Don't interfere with the UEL meetings, please. Let me know what the other blog visitors say.

Let's just do it. Let's get Florida back to work. (I am feeling better already.)

Anonymous said...

Here's a plan
1. We get Republican legislators to get the money back. This will offset deficits (a good thing). We set up a meeting at Versailles, get Marco to come and speak to us. We might as well start working with him.
2. We convince those same people to send the $6M back to us for water infrastructure. We can start collecting that dang rain water underground. This will create jobs for the cement companies, the excavators and the engineers. (Do we still make cement in Florida?)
3. Heck, we could ask for more money for more water infrastructure projects so we can start building homes for all the millions of people who will want to move here thanks to the Beacon Council, no income taxes and our reduced regulations.
4. We keep on building those charter and private schools. Those new people are not going to want to send their kids to our defunded public schools. We'll deal with that later.

Let's get the $6M and put South Florida back to work. Someone get Scott on the phone.

Anonymous said...

Let's auction off those Segways. Maybe they can use them in Miami Beach or something.