Coral Gables needs outside agency to investigate ‘anonymous’ complaint

• Tweet
• Sumo

• Tweet

Nothing to see here, people. Move along now.

This is what Coral Gabes City Manager Cathy Swanson Rivenbark was saying in her head at the last commission meeting when she rescinded her reprimand of the veteran, beloved police chief who was cleared of any wrongdoing when he stopped by an all female officer pool party last summer.

Most likely to thwart the justified criticism for a documented spanking that was misguided and unnecessary at best, intentionally toxic at worst, Swanson announced, just as the meeting began, that she had rescinded the reprimand issued to Police Chief Ed Hudak two weeks earlier.

I take it back. There. No harm done.

Except harm has been done. Not only has the reprimand already been distributed widely to the press — even the New York Post had a story — but it has become fodder for cocktail parties and a potential professional albatross for Hudak and, more importantly, the 14 female officers at that party, whose photo has been widely distributed and whose careers could be tied to this news story for the rest of their lives. (Ladra smells lawsuits.)

Swanson wouldn’t know that. Because she hasn’t talked to any of the officers. Maybe she is too embarrassed because she knows deep down inside that she caused this. At best she allowed a ludicrous complaint that should have been investigated from day 1 to smear a city employee with whom she has a difficult relationship. At worst she made it up herself.

Suuuuure, it was an “anonymous complaint” that came to City Hall, which by the way has been swimming in “anonymous commplaints” since Swanson came back to the city in 2014.

Evidence shows, however, that either Swanson or Fernandez knew about the photo and the party days before the “anonymous complaint” arrived. That’s because someone at a City Hall office accessed the LEOAffairs law enforcement blog site with posts about the cameo appearance at the party three days before they allegedly got the “anonymous complaint.” The dated print out was part of the materials delivered to the investigator. The time stamp of the printout shows someone at City Hall accessed LEOAffairs four hours after the comments about the party were posted.

Read related: Coral Gables: Manager’s petty reprimand on chief backfires on her

It’s almost like someone (read Assistant City Manager Frank Fernandez) was flagged to it. Unless he posted it himself. No, wait, that’s not fair; he could have tripped over it while searching something else on the gossipy forum or posting something else on the site.

Either way, this “anonymous complaint” must be investigated so that one of those scenarios can be ruled out. You would think that an investigation was started immediately. Especially since none of the 14 women corroborated the original complaint — meaning that someone else made up the fake outrage — and that some of the officers demanded an investigation. But it’s not. At least it wasn’t part of the Internal Affairs investigation that was limited, for whatever reason, to the Instagram post and LEOAffairs forum posts about the party.

Ladra was told that the “anonymous complaint” is now being looked into. Like an afterthought? By who?

This investigation should be handled by an outside investigator or, better yet, an outside agency like the FDLE or the FBI. That is the only way we will know for sure that it is a thorough investigation that went wherever it had to go, including City Hall if need be. The new head of IA is Bobby Navarro, who was hired by Fernandez after Hudak indicated he wanted someone else. This is not who should be heading up this investigation that could, possibly, implicate Fernandez.

Read related: Coral Gables cover-up on police ‘spy’ protects managers

Especially since Swanson has interfered with an investigation before. Or, rather, tried to manipulate it to get the results she wants.

In May of 2015, six months after she was hired to replace former manager Pat Salerno, Swanson wrote to the International Association of Chiefs of Police asking them to completely ignore any information from the Broward PBA or its onetime president Jeff Marano when they were vetting her yes boy Fernandez for his job as public safety director — even though the documented friction between Fernandez and the top police administration in Hollywood, where Swanson also got into a bit of trouble, certainly seems relevant.

In an email, obtained by Ladra, with the subject line “Gables City Manager instructing no interview with Broward PBA,” she wrote:

“I am the city manager for the City of Coral Gables who has contracted with IACP to conduct a background check for Frank G. Fernandez. I have the ultimate decision making authority on hiring decisions. As the client and the sole decision making authority for hiring, I am specifically instructing you and IACP to neither seek nor include any information from Broward PBA or Jeff Marano individually as it will hold no credibility nor value in my decision making. I have included Sun Sentinel Editorial Board’s recent editorial on the significant and Herculean accomplishments of Chief Fernandez despite the disruptive and unethical tactics used by Jeff Marano to thwart and derail positive changes in Hollywood.”

A copy of the email was also sent to Elsa Jaramillo-Velez, who was the Gables’ HR director back then. Later that same day, Kim Kohlhepp of IACP wrote back to Elsa:

“I just received a copy of the email below from our investigator. I also understand that Ms. Swanson-Rivenbark called our investigator directly.

First, in all matters concerning the conduct of this investigation, please contact me, not our investigator.

Second, we will not comply with Ms. Swanson-Rivenbark’s request in any way. For the background investigation to have merit, we will not restrict the investigation in any way or limit access to sources.

If this is not acceptable, please let me know immediately and we will terminate the investigation ad bill you for work conducted up to this point.”

Two days later, Jaramillo-Velez told them to go ahead with the investigation anyway. But one has to wonder how many other times Swanson-Rivenbark has done this. It kind of kills her credibility, right?

And if she is bold enough to tell an outside investigator where not to go looking, why wouldn’t she do this with someone who works directly for her? Or directly for her through Fernandez?

I am specifically instructing you to neither seek nor include any information that leads you to the City Manager’s office.

Please tell me that the electeds on the Coral Gables commission — at least three of them (and yes, Ladra is talking to you Mike Mena) — can hear the little voice inside Cathy’s head as clearly as the rest of us can. And please let them call for an outside investigation to finally clear everything up.

There may be nothing to see here. But maybe there is. And Gables residents deserve a real good look before moving along.

  Cathy Swanson-Rivenbark, Ed Hudak, Frank Fernandez