Why would Coral Gables administrators go against their own 
police chief’s recommendation to terminate a major who spied on a resident during a commission meeting — taking a picture of the woman’s text messages and then arguing with her — and try to sweep the whole thing under the rug and let the officer retire instead?
The only reason is that they’re complicit.
That’s why Coral Gables Police Maj. Theresa Molina, who took a cellphone picture or pictures of a resident as she texted a commissioner last September, has been suspended with pay since, collecting more than $80,000 sitting at home doing nothing while the city has conducted, basically, a sham of an internal affairs investigation.
That’s why the city’s cover up, er, I mean investigation has been so, um, lackluster, failing to interview Commissioner Vince Lago, who was the elected that Maria Cruz was texting, other witnesses who were there or even City Manager Cathy Swanson-Rivenbark or Assistant City Manager Frank Fernandez, 
who Molina immediately reported her actions to and for whom we all suspect Molina was spying in the first place.
That’s why Swanson-Rivenbark’s recommendation to the city commissioners is for Molina to be allowed to retire –not today, not tomorrow, not retroactive to September, but in November so as to maximize her pension benefits. She doesn’t have to actually come in and work because she can use accrued sick and vacation time.
Are you kidding me?
So this is why Swanson-Rivenbark — who did not return several calls and emails while on vacation last week — has been dragging her feet in the first place, presenting a recommendation that is 88 pages, with attachments, on a Thursday before Memorial Day weekend. And only because Lago put a discussion item on the agenda about it. Otherwise, Ladra suspects we’d still be waiting for the city manager’s word. See? By waiting, they get closer to the November retirement date that allows Molina to use the rule of 70, which means she can get her pension right away — and at 75% of the average of her highest paid three years (which by the way, includes this year). But if she were fired today, she would have to wait until she was 62 and only collect 60 percent.
So, basically, Molina is rewarded for what she did. They might as well have given her a medal.
Read related story: Gables Police major suspended for spying on resident
Let’s quickly recap what she did for those who forgot or 
were too busy with the crazy presidential race to pay attention last year:
During a September commission meeting, Molina — a 23-year veteran who was acting chief for a short stint in 2014 — took cellphone photos of text messages that resident Maria Cruz, in the audience with concerns about police shortages, was sending to Commissioner Lago. She was asking him to recognize her and let her speak. After Cruz spoke about the 30-some police vacancies and her issue with the city’s fix — a program where civilian employees and security guards patrol North Gables in fancy golf carts as “eyes and ears” of real police officers — she told Molina to stop watching her.
“Stop texting the commissioners,” Molina actually had the audacity to retort.
Cruz felt like she was back in Castro’s Cuba. Lago was outraged that any resident would be discouraged from texting him. City Attorney Craig Leen even chimed in, telling Cruz she had every right to text anyone she wanted. For more details about what happened that day, go to the related story.
Molina was suspended with pay while IA investigated. Chief Ed Hudak recommended May 1 that she be fired. It took this long because the major who was suspended with pay and was supposed to be home during that time was too busy to be interviewed. Seriously. The final word is Swanson’s, according to the city charter, although really the final word is the city commission’s. Many people expected her to go against Hudak’s recommendation since the city manager’s office has done nothing but undermine the chief since Frank Fernandez was brought onboard (go ahead and send Ladra a cease and desist letter). Hudak did not return several calls from Ladra either.
Read related story: City uses legal muscle to gag Coral Gables activist
Molina’s attorneys have claimed varying defenses. Early on, even before she was interviewed and 
before the chief’s recommendation, they said he would retaliate against her for five internal affairs investigations she opened on him during the tenure of the three former chiefs. Later, they switched gears and said that this 23-year veteran who was once the top cop for a short while and also headed internal affairs for a bit didn’t know what she was doing was wrong.
Which brings us back to what she was she doing. Or, more specifically, for whom?
Because, c’mon, you don’t think Molina was taking a picture of the resident’s text messages for her own jollies, do you? For her photo gallery? What? She needed new wallpaper? No, of course not. She took the picture for her bosses. For some reason. It was a police-related item she wanted to talk about. She immediately went to show Fernandez, the director of public safety, who instructed her to show Swanson-Rivenbark the photo. Even her attorneys admit this in their first letter.
Is this why neither the city manager nor her right hand man were interviewed for the investigation? Is this why Frank Fernandez provided a written memo, not even a sworn statement? Since when do internal affairs investigators allow a witness to say how he will provide testimony or be interviewed? Since it’s the investigator’s boss, the man he reports to who is saying how he’ll provide testimony?
Because Ladra believes the city were the ones spying — Molina is just a peon — and that’s why the investigation was so shabby and that’s why Swanson-Rivenbark doesn’t want to fire her. That’s why she’s helping her retire with the maximum pension benefits.
Read related story: Gables city attorney: There can only be one police chief
Lago isn’t going to let it go without some heated reprimands. He is not happy with the investigation or the 
city manager’s memo, which he said was “embarassing” because it relied on irrelevent justifications by comparing this incident to past sins that Swanson said were worse — trolling for prostitutes, beating your pregnant wife — and on Molina’s 23 years of service, which have not been spotless.
“We need to break the cycle of the poor examples of the past, which are no excuse,” Lago said. “This behavior is wrong, it is unacceptable, and we need to set a positive example and ensure that the residents are represented. We are here to serve them and we will not compromise on the substance of any wrong, inappropriate behavior.”
More than one source has said that another outside law enforcement agency — the FBI? The SAO? — is looking into the matter. And that is good because this one is really laughable. There are still so many unanswered questions, the main one being what, or who, was Molina spying for? Without an independent investigation, how do we know that the city managers were not involved? And how do we know that this is the only time a city employee has spied on residents — or, dare I say, commissioners — for top administrators? That should have been what Swanson-Rivenbark did from the start if she truly wanted us to believe that it would be objective and transparent.
That would certainly satisfy Maria Cruz, the resident who was 
spied on who is outraged with this ending.
“This investigation is a farce,” Cruz, in a screenshot here from WPLG-Local 10, told Ladra Friday. “From the beginning I objected to Frank Fernandez having anything to do with the investigation, both he and Cathy. Shouldn’t part of that investigation be why did she [Molina] go to him? Shouldn’t part of the investigation be why did he tell her to go to Cathy Swanson? What did they tell her?
“Their fingerprints are all over this whole thing,” she added.
Here’s a suggestion for Gables commissioners. Make a deal with Molina. Accept her retirement terms. But only if she spills the beans on what the others knew and when.
Oh, and maybe make her return the $80,000 she’s gotten paid to be on vacation.
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Dr. A Gonzalez Is All The Same In MIAMI DADE COUNTY ?
“NO ETHICS ” And When they Say something The BBC will Remind them Their budget of 4 2 Million Dollar is Approved By Them ? As It Did in the MIA Protocol ?
#OURCOUNTY ?.
Gus,
I do not disagree with you pero Hialeah is puro banana republic, third world politicos as the mostly zombie residents there care more about caso cerrado then the ladrones in power .
Miami shouldn’t be about party, lol that is a luxury the Anglos have , in our case any politico, city official, police chief who is quasi honest should be the goal.
It is a difficult goal in Miami.
STINK STINK STINK….. everything Swanson attaches her name to and everyone she “buys” is nothing but slimy stink. Frank Fernandez is a joke who didn’t like the former chief at Miami driving a Lexus given to him for use by a local dealer. Swanson took him to Hollywood and then brought him to the Gables. The Finance Director who steals mail from other city employees was corrupt at Miami (SEC investigation) and is in Swanson’s purse. Throw ’em all out.
”Throw ’em all out.”
BEAUTIFUL and if more were like you , Miami wouldn’t be pure corruption .
I’m at the point that I subscribe to one term ONLY for any position .
What dirt does Molina have on Frank Fernandez and Cathy Swanson that she is being protected? Where are the consequences for this blatant violation of public trust not to mention a violation of Constitutional rights? Shouldn’t a 20+ year law enforcement professional know better? How embarrassing and sad for the city of Coral Gables! Is the city afraid of Molina suing them and putting all of the dirt she has on these two “on the record”? What they should be afraid of are the lawsuits that will be coming when everyone else that has been fired and denied their pensions find out that law-breaking law enforcement officers keep their pensions. Molina should have been fired when all of this happened back in September instead of staying at home collecting $100,000. She should have to give it all back and be unemployed as anyone else would have to do. The word is that there is a deal being considered by the City Manager, Cathy Swanson, that would allow Molina to continue to get paid using her vacation time plus be allowed to retire with zero consequences for what she has done. How can the city even consider this deal??? She should be fired, NOW! Fernandez and Swanson are not being good stewards of the City’s money. They should be embarrassed and the commissioner’s should not allow the City Manager and Frank Fernandez to keep covering up and continue to put the city at risk. The commissioners need to do the right thing and get her out. Frank Fernandez and Cathy Swanson should be next!!! FIRE MOLINA NOW!
Oye, Politico. It’s unfortunate that the Chief has to continually undermine his bosses as he did under Weiner, which by the way after it was all said and done, the allegations of false crime statistics were proven wrong after a thorough. This is just another attempt for Hudak to dupe the commission (especially Lago) into doing his bidding to free himself of a Director and City Manager that holds him accountable. On the topic of holding people accountable, you have a copy of the report that includes a historical of the agencies Internal Affairs Discipline. What person appears the most, “Chief Hudak”. Yet, Lago conveniently overlooked this “fact” when he vouched for him. It’s all public record so please take the time to review the following cases (which by the way Major Molina was the IA investigator on all of them) before you attempt to back someone who lacks ethics:
11-1675: Chief Hudak received a Written Reprimand for signing off on a vehicle pursuit that was intentionally misrepresented the facts and misapplied policies inappropriately.
08-IA-0005: Chief Hudak was issued a Written Reprimand for “Issuing a FALSE AND MISLEADING AFFIDAVIT”
2010IA-013: Chief Hudak was received a Verbal Counseling after his attorney’s intervened for “Using the department’s credentials/documentation to carry a gun on an aircraft while traveling for his side job for the U.M. football team.
You see the underlying them there all involves “Dishonesty” and “Unethical” behavior. His recommendation to the City Manager was also misleading which is why outside counsel was consulted.
Cathy and Frank sitting in a tree K-I-S-S-I-N-G. First came love then came a conspiracy to screw every city they come in contact with. Kick,those two,out of Coral Gables and things will improve overnight.
Anyone interested on what is going on in our city should go to the scheduled commission meeting this Tuesday at 2:00 pm time certain. If unable to attend, please call the elected officials and let them know how you feel. You may also email them!
Wow. They need to fire her right away. Wait till November so she gets more pension money? Really??? They are so corrupt in the city government. They may as well give her an award for spying on people. Unbelievable !!!!
Why would Swanson-Riverbanks bring over corrupted officials in Frank Fernandez and DIana Gomez from the City of Miami? Ms. Gomez set up Elsa Jaramillo-Velez and got her fired.
Sometimes the sensationalism in the blog posts distract from the story. The police officers are used to a para-military operated organization. They are not accustomed to low ranking, or in this case civilians, being able to text/communicate with top brass.
I am not surprised to hear an officer utter “stop texting” out of frustration or under his breath. I don’t think it was appropriate, but I think many of us no matter how many years on the job, sometimes slip and offer utterances which cannot be retracted.
On the photo taking… I am not sure I understand what statute you think was violated? In a public meeting, if you are dealing with sensitive information such as text messages or phone calls, you should be like the rest of us who step outside or at least go to the back of the room.
Although there has been some anti-photography court cases, the rulings tend to favor the photographer when shooting in public places. This is a great case study to highlight the importance of paying attention to your surroundings and protecting sensitive information.
The police positions need filled. The city’s website always cop positions listed for hire…
Cathy brought Frank to be his henchman, who tapped Molina as his henchwoman.
80 grand is enough of a payout! Fire her butt immediately and put the other two on notice. BTW, Vince, they’re totally mocking your ass! And it’s been going on for a while.
Coral Gables politicians are becoming more like Hialeah politicians by the day.
Better clean that place up quick!
Seems the Assistant City Manager, Mr. Frank Fernandez, has some explaining to do or just start looking for a new job.
Between this story and his retention of Hialeah Security guards to replace police I am rather disgusted.
Bueno Hialeah has a disease , como un cubano .I call it Miami Cuban zero political , police standards .
It has a vaccine which is called voting OUT EVERY INCUMBENT and replacing the Police chief but that vaccine doesn’t exist in Hialeah .
They dwell in political apathy and lemming like loyalty to crooks .
Como eres un doctor, let’s hope you have that vaccine in Coral Gables .