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.
Read related story: Gables police shake up makes new manager top cop
“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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Why in the world would ANYBODY suggest two police chiefs for a city? I smell “creeping sharia law” on this one… particularly since last month the City of Miami passed a resolution “prohibiting derogatory remarks against those of the muslim community…
You can smell.the #pizzagate at EVERY port in Miami….and much… MUCH more will be surfacing soon…
Tock…tock…
[…] It also helped that City Attorney Craig Leen said the city charter called for one police chief to hold exclusive powers. […]
[…] It also helped that City Attorney Craig Leen said the city charter called for one police chief to hold exclusive powers. […]
I was just forwarded this article by a very close friend and confidant…my mistress of 12 years who is well connected within 405 Biltmore Way. Every time we meet at La Campina for their award winning all-u-can eat Boliche con tostones, she emphatically talks about all of the drama that has been going on at City Hall. This whole fiasco with the Chief’s position has gotten to all time lows. I don’t live in Coral Gables (THANK GOD), but from what she tells me and my two buddies at La Campina, is that there is going to be some sort of fallout at all levels of government. She talks about how everyone is back-stabbing each other…Commissioners, Mayor, Managers, Chiefs! It’s crazy!! The city of coral gables is looking like an amateur porn casting of vegan midget hermaphrodites who train pigmy hippos in glass-blowing. I thought Sweetwater was bad…Sweetwater at least an IKEA which wreaks of sweaty Europeans…much like my mistresses husband. I feel bad for the average officer who risk their lives on the line for a city that is completely dysfunctional. I feel bad for all of the blue collar employees who work hard…it’s a damn shame. Every leader in City Hall should be fired!
Most city charters prohibit elected officials from interfering with administrative issues such as hiring and firing employees which includes the chief of police. There is good reason for keeping petty politics away from a manager’s decision.
Ladra,
It’s interesting that you and others believe the 20% drop in crime is due to Hudak, that statement is easily being thrown around by the some people but no one mentions what actions he has taken to reduce crime. Why is that you may ask? It’s because he has not done anything to contribute to that. I guess you might as well give him credit for the rise in property value too since he has been “sitting in office during the rise”. In reality, he has not implemented any initiative to reduce crime. Unless he is personally out there catching the bad guy everyday with the Officers , which I doubt, he is not doing anything taking credit for other peoples work. Before being named acting Chief, he was in charge of the traffic division, which again he did not do anything to reduce crime. I think credit should be given where credit is due, if an Officer catches a bad guy then credit should land with the Officer not someone else. So who has been in charge of those Officers catching the bad guy for the last couple of years? Who has been in charge of coming up with ideas and plans for reducing crime over the last couple of years, to include the last 6 months everyone seems to be talking about? Who Ladra? In case you don’t know, his name is Major Raul Pedroso and he too would be a great Chief of Police. He’s the one people should be crediting for the 20% reduction in crime. I’m sure if you ask around you can find many inititiative he has done to reduce that crime. He has been implementing new ways to fight crime before Hudak was acting Chief and continues to do so up to this date. This leads me to my concern, why are the commissioners trying to give credit to someone who does not deserve it? Why do they hire a very qualified City Manager and not let her do her job? It seems their are people out there trying to manipulate the outcomes of certain positions and they are not liking it when they do not get their way. It happened the day the commission met and asked the acting city manager at the time to name a chief, they did not like her response so they kept making different motions. And now it’s happening again, it seems they didn’t like the current city managers decision so they are scrambling to change it. The City’s day to day operations should be left for the person they hired to do the job and the Commissioners should stay out of it.
Hopefully they’ll avoid the other potential scam, creating a director of public safety who oversees the fire chief as well as the police chief. It’s a wholly unnecessary position except in the largest of jurisdictions.