Coral Gables City Attorney Craig Leen told Commissioners late Tuesday that the city has to 
have one police chief, not two, as proposed by the city manager in her planned realignment of the police department.
Leen issued the opinion after Mayor Jim Cason asked if the city charter required the appointment of one chief. Indeed, Leen said, the charter refers to “chief of police” or “police chief” 32 different times, but clearly referring to the same person. It defines the position and different provisions grant the individual exclusive enforcement powers over a number of things. It repeatedly refers to “the” police chief as one entity.
“After reviewing these provisions, it is clear to me that the City Code recognizes the existence of one official who exercises a significant amount of authority vested in a position called the “chief of police,'” Leen wrote in a legal opinion emailed to the mayor and commissioners at 11 p.m. Tuesday.
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“In my opinion, the City Code requires that one individual be designated with this authority. The title of this official is not material as long as the individual is a law enforcement officer and is recognized as exercising the full powers of the ‘chief of police’ position. The City Manager would designate one individual to hold this office under section 21 of the City Charter, unless the City Commission directs otherwise by resolution under section 23 of the City Charter,” he added.
“The city charter actually gives the authority to one police chief. The position can’t be split between two people,” Leen told Ladra Wednesday, adding that he had also been asked by Commissioner Pat Keon to look into whether state law required one chief of police.
Well, well, well. Does this throw a wrench into City Manager Cathy Swanson Rivenbark‘s plans?
The manager has talked to commissioners about her proposed “realignment” of police resources, which would have two chiefs — Interim Chief Ed Hudak in
charge of operations and Major Raul Pedroso in charge of investigations — both reporting to the new assistant city manager in charge of public safety, Frank Fernandez, who had that same position and was also police chief in Hollywood where Swanson was city manager before coming back to the Gables.
There are many — residents, business leaders and probably all the commissioners — who think that Hudak should simply be made chief permanently, especially since there has been a 20 percent drop in crime under his watch.
Swanson can still pursue her restructuring plan. But she would have to name Fernandez the chief. And that would go against what she has said from the beginning — and what she told almost every single officer at roll calls back in May when Fernandez first got hired — that he is not coming to the Gables to be the police chief.
But maybe another legal opinion will take it out of her hands.
Cason has asked for a second legal opinion on whether or not the Commission’s budget ordinance provides for one position entitled chief of police — and whether or not the commission could require one position entitled chief through the budget process.
That smells like a showdown coming.
UPDATE: Or maybe it already came.
While neither Swanson-Rivenbark nor Mayor Cason returned calls from Ladra Tuesday, it was announced by the end of the day that Wednesday’s Sunshine meeting was cancelled because Swanson-Rivenbark had changed her mind. She would name Hudak chief if he resolved some made-up issues that she needs to save face and the illegal investigation will be discussed at Tuesday’s regular commission meeting.
Certainly the legal opinion had some weight in that decision.
Gables City Attorney: ‘There can only be one police chief’ added by Ladra on
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