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CRESPOGRAM REPORT

FEBRUARY 13, 2013

NULL AND VOID
CITY ATTORNEY ISSUES OPINION THAT LUIS CABRERA CAN’T BE ACTING CITY MANAGER

I guess I won’t be getting any Valentine’s Day candy from Luis Cabrera this week.


A day after my story last week that he couldn’t hold two offices at one time, the City Attorney’s office issued a legal opinion that in fact his appointment by the Mayor to take over as Acting City Manager while Johnny “The Doormat” Martinez went in for a knee replacement - that’s one of the consequences of spending so much time on your knees kissing ass - was illegal.

On the larger issue of Cabrera continuing to hold the title of Deputy Police Chief and Acting Assistant City Manager, the legal opinion determined that he could because the position of Assistant City Manager isn’t defined as an office according to the City Charter.

Now, the opinion’s argument that Assistant City Managers aren’t vested with any “official powers in their own right,” raises several interesting legal issues perhaps worth pursuing

Given that Cabrera’s official title is “Acting Assistant City Manager/Chief Of Operations, and Assistant City Manager Janice Larned is also the City’s “Chief Financial Officer,” and Assistant City Manager Alice Bravo’s official title is “Chief Of Infrastructure/Assistant City Manager,” all of which denote having “official powers” above and beyond being an assistant to the City Manager which is what Bru’s legal opinion seems to imply, those issues might be worth a request to the Florida Attorney General for her opinion on this matter by someone within city government.

For me however, the recognition that Cabrera could not hold the position of Acting City Manager is really interesting, because while the legal opinion did not go there, the fact is that if it is illegal for him to hold that position, then all of the previous times when he was appointed as the Acting City Manager he was also acting illegally, and therefore all of the actions and decisions that Cabrera took while Acting City Manager in the past had to have been carried out illegally.

In law, all actions and decisions made by someone not legally entitled to make them are normally considered to be null and void.

Now, we’re talking about the City of Miami here, so the notion that anybody in Regaladoland wants to focus too closely on legal niceties, is like Icarus consciously wanting to fly to close to the Sun.

But for any of the people who have been adversely affected by any actions that Cabrera took while being the “Acting City Manager,” especially any of the Civil Service Hearings that took place because of actions prompted by Cabrera might be issues that folks affected would want to talk with their lawyers about.

WHY DOES LUIS CABRERA STILL HOLD THE TITLE OF DEPUTY POLICE CHIEF?  IT’S ALL ABOUT THE PAPER WORK

PART I

First, let’s lay the blame where it squarely belongs.  Perhaps the worst decision that former Police Chief Miguel Exposito made upon becoming Chief was to appoint Cabrera as his Deputy. 

Now, he didn’t have much choice, because that clearly seems to have been part of the deal that he made with Tomas Regalado in order to become Chief, just like Manny Orosa agreed to appoint Ricardo “Lookdown” Roque Assistant Chief, only weeks after Exposito was fired for trying to demote Roque for among other issues his ties to Cuban Crafters.

That’s the way it happens in Miami. If you want to be the Chief of Police. You have to go along with the political appointments to your staff that make the Mayor, and the Commissioners happy. 

Commissioners are allowed to choose the Area Commanders within their Districts, which means that Commander Winsor Lozano, who allegedly pulled a gun on a fellow officer who was dating the same woman as his son, has created the latest in a continuing list of scandals within the police department.

Lozano, who has an unsavory reputation for serious sexual harassment complaints, was Commissioner Willie Gort’s choice for Flagami Commander.  Of course, Willie himself is under criminal investigation for accepting thousands in free advertising for his campaign from FUEL Outdoor Advertising and not reporting it, and he also happens to be Placido Diaz’s boss, and he also appointed Frank Pichel - also known as the Steroid Monster - to a City board after he finally left the police department. Willie it seems has a thing for bad cops.

In any event, Exposito finally realized that he had made a very serious mistake, and he subsequently fired Cabrera, after Cabrera he had an emotional breakdown in his office.

Given the tangled relationships in Regaladoland, Exposito couldn’t just fire Cabrera outright.  He had to go to the Mayor and tell him Cabrera had to be removed from the police department, and that’s how he ended up being appointed an “Acting Assistant City Manager.”

Days after he transferred over to City Hall, the issue was first raised about Cabrera’s continued rank of Deputy Chief of Police . Deputy Chief is a politically appointed rank.  Cabrera’s official civil service rank was, and is Lieutenant.

Here is Cabrera’s first and only email made public that was written days after his transfer.http://forums.leoaffairs.com/viewtopic.php?f=64&t=146525http://www.miamiherald.com/2012/12/14/3142742/miami-dade-state-attorney-investigating.html#storylink=misearchhttp://www.dmmllaw.com/_private/lp/pichel1.htmshapeimage_11_link_0shapeimage_11_link_1shapeimage_11_link_2

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Copy the link below, and it will be a permanent link to this page that you can post on Facebook, or anywhere else.

http://alturl.com/f3i72http://alturl.com/f3i72shapeimage_13_link_0

This should have resolved the issue.  Cabrera requested to be rolled back to his civil service position, and the Chief agreed.

But as I’ve said on numerous occasions, this is the Banana Republic of Regaladoland that we’re talking about here, and nothing, I repeat nothing is as it seems.


The following collection of emails reveals how things actually work inside of Regaladoland, and how former Chief Financial Officer Larry Spring, who cooked the books on so many other deals as a way to continue to keep his own job, refused to accept the decision to roll back Luis Cabrera to the position of Lieutenant.


Now you can bet all the plump ladies that Larry Spring had a fancy for over his years in the city, that he didn’t do what the email below claims that he did without his being told to do it by someone higher in the food chain. Since he was the City’s Chief Financial Officer, the only two people higher were the City Manager and the Mayor.


You choose who you think told Larry Spring what to do in this instance.

Now the concept of a loan out of an employee from one department to another is a fairly common practice in government, but it’s almost always done because the individual in question has some skill or knowledge that’s valuable to the department they’re being loaned out to.

In Cabrera’s case, he wasn’t loaned out, he was dumped.  The police department got rid of him, and now doesn’t want him back.

Yet, as his above memo revealed, City Manager Johnny “The Doormat” Martinez, doing the bidding of the Mayor - who  has long been rumored to be Cabrera’sGodfather - decided on one of those occasions when he was on his knees with his lips firmly attached to the Mayor’s wrinkled, old ass, that instead of having Cabrera reduced to the rank of Lieutenant, he’d let him remain the phantom Deputy Chief of Police for as long as he wanted.

WHY DOES LUIS CABRERA STILL HOLD THE TITLE OF DEPUTY POLICE CHIEF?  BECAUSE IT’S REALLY ABOUT THE MONEY, LOTS OF MONEY

PART II

Approximately two months before Cabrera had his fateful emotional breakdown in the Chief’s office resulting in his being “fired” from the Police Department and transferred to the City Manager’s office, he had volunteered for the DROP.

At the time that he did so, he was 43 years old, and was earning $13,437.84, a month, or $161,254.08 a year. Below is a printout of his current DROP account. If he continues to stay in the DROP for the full 7 years, he will walk away with a final payout of $1,000,083.84.

The sole reason that Cabrera is set to receive $1 million in DROP money is because for a year, ending in November 2010, he was the politically appointed Deputy Chief of Police.


His real civil service rank was that of a Lieutenant, and if he had retired as a Lieutenant instead of the Deputy Chief of Police, his salary - allowing for 25 years with all the step raises - would have been approximately $96-99,000.


The difference in pay between the Deputy Chief of Police and a Lieutenant is approximately $62,000 annually, and when you apply that difference to the DROP that difference comes to a little over $400,000 in extra money that Cabrera will receive thanks to that year he spent as Deputy Chief.


Today, because he is in the DROP, where the City’s annual contribution is $137,899.58, he also continues to receive his Deputy Chief of Police salary of at least $161,254.08 - and it could be more since I have heard but haven’t been able to verify that he received a pay increase of as much as $18,000 a year - Luis Cabrera is collecting a grand total of at least $299,153.66 a year in taxpayer money for being a nutcase that had to be “fired” for the betterment of the police department, and where, if he would ever be forced to return, he would have to be quarantined in some out of the way office where he could not do much harm.


Contrary to any misconceptions that anyone might have, rolling him back to Lieutenant now, would NOT affect his final payout. He would still continue to get the full $1,000.083.84, if he remained on the police force in any capacity, even a patrolman, until 2017.


Rolling him back to Lieutenant however, would have affected his current pay by as much as $62,000 - $65,000 a year, and that is certainly reason enough to refuse and scheme behind the scenes to reject a roll back to Lieutenant.


If the City Attorney had issued an opinion that said Cabrera could not hold the positions of Deputy Chief of Police AND Acting Assistant City Manager, then he would have been forced to resign from one of those jobs.


Which one do you think he would have chosen?


But as funky as all of this is, it does at least make some sense. 


What is not understandable is Cabrera’s continued acceptance of the various allowances given to the Deputy Chief of Police.


It’s one thing to hold on to a title and job that allows you to collect a $161,354.08 salary - more money than the other two Assistant City Managers make, even though he’s only an “Acting” City Manager - and at the same time banking another $137,899.58 annually in the DROP, but it’s an entirely different thing to continue doing ALL of this, AND then continue collecting ALL of the allowances that go with that job, when in fact you are not doing that job.


The City manager could with a memo, reconfigure Cabrera’s allowances to stop him from collecting all of this money that he’s clearly not entitled to because he really isn’t the Deputy Chief of Police.


In fact, given that some of this money comes from Federal grants, the FBI might want to look at this as to whether taking this money when he clearly isn’t doing the job constitutes fraud.


To add insult to injury, Luis Cabrera does all of this and in the process continues to be the raving asshole who manages to demonstrate that above and beyond his well documented mental problems that he’s also a prime example of someone suffering from the Dunning-Kruger Effect, also known as the too stupid to know you’re stupid syndrome.


It’s Miami, Bitches!


HERE’S A COPY OF THE CITY ATTORNEY’S OPINION

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