City of Miami code officer says she fears political wrath of ADLP and city allies

Terse memo gives her a direct order to make an official statement

A city of Miami code compliance supervisor who accused City Commissioner Alex Diaz de la Portilla of poking her at an illegal nightclub and causing her injury, then defaming her when the incident became known, said Thursday that she is afraid of losing her job in the wake of what seems like a government coverup.

The next day, she got a terse letter from Human Resources telling her to report to them May 10 and provide an official statement of what happened, which is reportedly under investigation.

Suzann Nicholson has sued Diaz de la Portilla for defamation because he said she made up the Feb. 21 incident in order to file a fraudulent workman’s compensation claim. ADLP doubled down on Thursday and told Channel 10’s Glenna Milberg that Nicholson was trying to get $100,000 more of taxpayer money.

The lawsuit — which also speaks to a coverup at high levels of City Hall — seeks in excess of $100,000 in damages.

But the damages should be sought from Diaz de la Portilla, not the city. Because he was not — despite his defense that he was “creating jobs” — there in his capacity as a city commissioner. He was out there drinking and smoking and hanging out in the VIP — possibly taking a cut from the alcohol sales — and then pressuring the code enforcement officer, who was there just doing her job, to ignore the violations and let the party rage on, rather than shut it down.

“You do what the law requires and we’ll deal with it after the fact,” he says. “Do what you need to and leave. Please. Thank you.”

Later in the video, you can hear Diaz de la Portilla trying to intimidate her some more.

“If you could just walk away, please. I will call the city manager in the morning. So I need you to walk away now. Thank you,” Diaz de la Portilla said, noticeably irritated that the party was getting cut short.

He’s on the hook for that. Not the city. Just like he’s on the hook for allegedly poking and pushing Nicholson and causing her to lose her footing and injure her hip on the wee hours that morning when she caught him at that pop-up bar.

Nicholson was there as part of a joint task force on COVID compliance when she came upon Diaz de la Portilla at an illegal, open-air nightclub at 772 NW 22nd St., in Allapattah. The commissioner was brought to her as the man in charge, according to the body cam video footage of officers on the detail. He was wearing a city of Miami mask but most of the people at the former palette warehouse were not wearing any masks. She asked for their temporary use permit. ADLP told her to do what she had to do and “walk away,” adding that he would call the city manager the next day.

At the very least, he verbally threatened her. Still an abuse of power.

Diaz de la Portilla says Nicholson lied then, to cash in on a bogus workman’s comp, and is lying now to protect her job and get even more money.

But Nicholson took two polygraph tests and passed with flying colors. Yeah, it’s true that these are not unbeatable nor admissible as legal evidence. But Ladra wants Diaz de la Portilla to just take one polygraph exam. Just one!

C’mon. It’s not admissible.

Reporters at a press conference Thursday asked Nicholson why she didn’t come out right away with her accusations, instead of weeks later. She said that she had been told to cover up the incident by her boss. She was scared.

“My director threatened me. He told me that I had to protect my pubic officials,” Nicholson said, nearly in tears at the press conference, flanked by her attorneys, Matt Baldwin and David Winker.

Her lawsuit states that Assistant Code Compliance Director Eric Nemons, who was later promoted to Acting Director, told Nicholson to destroy any evidence that Diaz de la Portilla was there. Nemons’ supervisor was apparently in on it, too.

“After Nemons spoke to his own supervisor, and after plaintiff informed him that defendant was drinking and smoking at the venue, Nemons suggested plaintiff leave the venue and, more shockingly, that Plaintiff destroy all photographic evidence Plaintiff had collected because ‘we’re supposed to keep our politicians safe,’” the complaint states

Nicholson said Thursday that this “direct order” was part of the reason why she has been reluctant to speak to city officials about the incident and she and her attorneys have requested an independent investigation be done by an outside agency, not the Miami Police Department, which is already undergoing an investigation into a coverup of its own (more on that later).

Diaz de la Portilla has denied ever touching Nicholson and said Thursday that “she is trying to line her pockets with money.”

Coming to tears in front of the cameras, though, the grandmother and longtime city employee seemed more than credible than the shady commissioner with ghost employees when she said she was facing hostility at work since the incident.

“I find myself fighting for my job, being treated like an outcast.”

City Manager Art Noriega said the city is investigating the the matter.

And on Friday, a day after the press conference about the city treating her like the culprit rather than the victim, Nicholson got a letter from Human Resources treating her like the culprit rather than the victim. Director Angela Roberts confirmed there was an investigation — and also gave Nicholson another, ahem, direct order.

This is not a friendly “come tell me what happened,” email.

“As I am sure you are aware, the media has reported that you were assaulted while on duty for the city of Miami as a code enforcement inspector. As you are also aware, the city of Miami Police Department opened an investigation into the matter and sought your cooperation during the investigation to provide an official statement regarding the events giving rise to the claim,” Roberts writes in the letter that says it was delivered in person, by email, and through regular and certified mail.

“The city has a zero tolerance policy for workplace violence (see Administrative Policy Manual 1-99) against its employees. The city also has a well established set of rules outlining certain prohibited employee conduct where a violation could lead to discipline up to and including termination (see Rule 14 of the city of Miami Civil Service Rules). To this date it is unclear whether you are indicating that you were the subject of an incident or not.”

Really? Seems pretty clear to everyone else.

“Despite the fact that you have failed to file an official complaint with the city, the City of Miami is obligated to determine whether you were assaulted during the course and scope of your official duties,” Roberts writes.

“To that end, the city of Miami will now proceed administratively on these matters. This writing is to inform you that this is an official administrative investigation into these matters to be conducted by the Human Resources Department. The manager has directed that I give you a direct order to appear before the director of Human Resources to be questioned about the events that occurred while you on duty in connection with the media’s reporting. As an employee of the city of Miami, you are required to attend and your failure to attend may lead to an adverse employment action.”

Nicholson’s appointment with Human Resources is May 10.

Wonder what kind of letter they sent the commissioner.

Alex Diaz de la Portilla, Miami politics

City of Miami code officer says she fears political wrath of ADLP and city allies added by Ladra on May 2, 2021
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