Miami fires code officer who refused to ‘protect’ Commissioner ADLP

• Tweet
• Sumo

• Tweet

The code enforcement officer who caught Miami Commissioner Alex Diaz de la Portilla “creating jobs” at an illegal nightclub in February was fired on Wednesday — just as she and her lawyers had predicted.

Suzanne Nicholson was terminated, purportedly, for not cooperating with the city’s alleged “investigation” into the incident in which she said Diaz de la Portilla pushed her and caused her to injure her hip. Nicholson, who has since claimed workman’s compensation, had been ordered to appear before the human resources director to make a statement on Monday.

She didn’t go. City Manager Art Noriega said that is insubordination and cause for termination. But Nicholson’s attorneys said that (1) she had already made a statement which had been rejected her boss who ordered her to cover up the commissioner’s actions at the illegal nightclub and (2) she didn’t need to make further statements outside the legal system because she has sued Diaz de la Portilla for defamation, after he claimed she made up the story to seek a fraudulent workman’s compensation claim.

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

The injury reportedly occurred in the wee hours of Feb. 21 at an abandoned warehouse turned into an illegal nightclub at 772 NW 22nd Street in Allapattah. Nicholson arrived shortly before midnight as part of a joint task force inspecting locations for licenses and COVID restriction compliance.

The nightclub had neither.

When she asked to speak to someone in charge, what appears to be a bouncer at the “club” brings her the commissioner, complete with an official city of Miami face mask. They exchange words. He is not nice. First, Diaz de la Portilla — who looks like he fell off the wagon (again) — accuses her of putting words in his mouth about it being an official Miami event, when she was simply recording that it was presented as such to her. Then he actually tells her to leave and that he will call the city manager in the morning to take care of it. “Walk away,” he tells her, menacingly.

The three body camera videos released by the city do not show any pushing or poking by the commissioner, which is what Nicholson said caused her to step back and lose her footing, injuring her hip. But does that really prove it didn’t happen? Ladra tends to believe the longtime employee over the lying career politician with ghost employees and missing COVID relief gift cards.

Besides, there was a lot of footage of the cops talking among themselves and to some of the partygoers. They were very obviously not on top of Nicholson the entire time. They did not take care of her. They also did not take any names of witnesses or any statement from people there. The behavior of the police officers there that night need to be investigated, too.

We can also believe Nicholson because it is apparent that ADLP interfered with her job and abused his power to help an apparent friend –and, las malas lenguas say, business partner — keep an illegal operation going. He is using classic misdirection — one of his specialties — to distract from the ugly truth that his actions on the illegal nightclub’s behalf stink to high heaven.

Read related: Miami code officer sues Alex Diaz de la Portilla after illegal nightclub raid

There were at least three other illegal nightclub parties broken up that night. And ADLP says on the police videos that he had been to other establishments that evening. Is he really in business with the illegal nightlife industry popping up in Allapattah, which is his district? Is that why Nicholson’s boss, Code Compliance Acting Director Eric Nemons — who was promoted to that position after the incident — told her to destroy the photographs and evidence of the encounter with the Diaz de la Portilla? Is that how they “protect our commissioners,” as he allegedly told her.

Last week, Nicholson’s attorneys filed a protective order fearing this very outcome because the city had not been acting in good faith as far as the investigation into her allegations.

“First, even though the City was aware that Plaintiff is represented by undersigned counsel, the City chose to go around Plaintiff’s counsel to communicate directly with Plaintiff in obvious violation of Florida Bar Rules of Professional Conduct, forwarding it to her counsel only after the fact,” the protective order reads.

It also states that a letter to her “disingenuously states that ‘it is unclear whether you are indicating that you were the subject of an incident or not.’ This statement ignores the fact that Plaintiff immediately notified her direct supervisor (amongst others), Acting Code Compliance Director Eric Nemons, who ordered her to destroy photographic evidence and silenced her by instructing ‘we’re supposed to keep our politicians safe.'”

In fact, it wasn’t unclear to anybody except the city administration, apparently, that Nicholson was the subject of an incident.

“Ms. Nicholson followed the city’s procedures and reported what happened to her supervisor, who told her to destroy evidence because their job was to ‘protect the politicians,'” said her attorney David Winker. “There is no doubt that firing Ms. Nicholson is a shameful act by a government gone rogue.

“The city will be explaining its actions to a judge.”

Winker said the city showed its malicious intent when it sought to question Nicholson without her attorneys and that she had no obligation to go, according to the state’s rules of civil procedure, because she is a plaintiff now against the commissioner.

Yeah, it’s quite obvious they were trying to intimidate her or get her to say something they could use against her late in court.

Protecting the politicians, in other words.

“Your appearance was necessary for the City to continue its investigation into your claims that you were a victim in an alleged assault and your supervisor instructed you to destroy documents connected to your official duties,” reads the termination letter from Noriega.

“You were informed in the directive that if you fail to appear you may be subjected to an adverse employment action. Although you were on duty and fully aware of the directive, you intentionally failed to appear,” he wrote, adding that she violated the civil service code when she “failed to obey any lawful or reasonable direction made and given by his/her superior.”

Depends on how one defines reasonable.

The city manager’s memo said she was found guilty of “actions which amount to insubordination or disgraceful conduct,” and has been “wantonly offensive in docent toward the public or city officers.”

Shouldn’t that be the memo that Diaz de a Portilla gets.

The commissioner, who told Ladra back when the news of this incident first broke last month that he was “creating jobs” at the nightclub, did not return a call and text seeking comment about this job he ended.

  Alex Diaz de la Portilla