Pubdate: Fri, 28 Dec 2012
Source: Miami Herald (FL)
Copyright: 2012 Miami Herald Media Co.
Contact:  http://www.miamiherald.com/
Details: http://www.mapinc.org/media/262
Author: Andrea Torres

SOUTH MIAMI MAYOR: POLICE CHIEF WRONGLY SPENT

Police Chief Orlando Martinez De Castro Said Mayor Philip Stoddard 
Doesn't Understand The Rules For The Money, Which Comes From Seizing 
The Assets Of Alleged Criminals.

South Miami's mayor is accusing the police chief of using money meant 
for crime-prevention to pay for an awards dinner. But the chief says 
he followed the law just as he has been doing during his long career 
in law enforcement.

Every month, around 100 guests, sometimes more - mostly police brass 
from different departments in Miami-Dade County - meet to recognize 
an officer of the month. The departments take turns covering the 
costs. Some dinners have been known to cost about $4,000, and some 
have been held at places like the Rusty Pelican in Virginia Key.

Mayor Philip Stoddard said that he had no issue with the dinner 
itself or the $1,587 cost. What bothered him was the chief's use of 
the state forfeiture fund - money collected from the seizure of 
property linked to illegal activity.

But Police Chief Orlando Martinez de Castro said he did everything by the book.

Page 21 of the federal forfeiture " Guide to Equitable Sharing for 
State and Local Law Enforcement Agencies states that shared funds may 
be used under the conference package policy," the chief said. "The 
rule applies to food or beverage served at a banquet or dinner to 
recognize law enforcement achievements."

But Stoddard said federal and state forfeiture funds have different 
guidelines and safeguards. For example, police can use federal 
forfeiture money - but not state forfeiture money - to buy equipment. 
Also, the state money can't be used for routine expenses.

"The chief is using the federal forfeiture guidelines for the state 
forfeiture fund," Stoddard said. "The state rules are a lot stricter."

Stoddard considers the dinner a "normal operating expense." The mayor 
also reiterated past complaints about the chief's handling of 
forfeiture money, saying for example that the chief failed to submit 
some of the expenditures to the City Commission for approval.

Martinez de Castro said Stoddard doesn't understand the procedure. 
Records show police used $1,587 to help the Village of Pinecrest 
cover the cost of hosting the monthly Miami-Dade County Association 
of Police Chiefs' dinner on Sept. 16, 2011. Stoddard wants the State 
Attorney's Office to investigate the chief for authorizing the 
expense and for similar alleged violations.

Martinez de Castro said he used the forfeiture money in 2011 because 
his predecessor prepared the police department's budgets for that 
year, and no general revenue was set aside for the dinner.

"The money for the dinner wasn't allocated, so that is why we used 
state forfeiture funds," he said.

Other expenses Stoddard is questioning include about $70 in dog food 
and vitamins for a police dog, about $940 in office supplies and 
furniture, and about $480 in GPS maintenance.

The Americans for Forfeiture Reform's Florida spokesman Brad R. 
Schlesinger said the organization, which advocates forfeiture law 
reform, believes that if authorities find Stoddard's allegations to 
be true, they represent serious abuses.

"If allowed to use forfeiture funds without any restrictions, law 
enforcement officials will be more prone to violate individual 
Constitutional rights by stopping, searching, and seizing more 
property than they normally would, just to fill departmental 
coffers," Schlesinger said. "By restricting the use of forfeiture 
funds, the Florida Legislature is trying to limit the profit motive 
behind the use of asset forfeiture laws in general."

Abuse of seizure power in the 1990s prompted Congress to pass the 
Civil Asset Forfeiture Reform Act of 2000 (CAFRA), which raises the 
burden of proof before police seize property, and allows people whose 
property has been seized to challenge authorities.

South Miami Commissioner Bob Welsh believes that what is happening in 
his city is similar to what he called "the crisis with police chiefs" 
in Doral and Bal Harbour.

The Florida Department of Law Enforcement investigated the former 
Doral Police Chief Ricardo Gomez for allegations of misspending and 
bid-rigging. The State Attorney's Office cleared him of wrongdoing, 
and the Doral City Council decided to reimburse him for thousands in 
attorney's fees stemming from the investigation. Doral's interim city 
manager, Merrett Stierheim, fired Gomez on Dec. 11.

The U.S. Justice Department accused suspended Bal Harbour police 
chief Thomas Hunker of allegedly misspending seized funds - including 
$3,200 for a Miami-Dade police chiefs golf outing at Miami Shores 
Country Club. Hunker asked to be placed on leave as the investigation 
continues.

"It's all catching up to them," Welsh said. "And it will catch up to 
him [Martinez de Castro] too."

Meanwhile, Commissioners Valerie Newman and Joshua Liebman believe 
the situation in the Doral and Bal Harbour is different. Newman said 
Stoddard and commissioners Welsh and Walter Harris "have a vendetta 
against" the chief.

The payment for the dinner "was SMPD's share of the expense that we 
shared with several other agencies," Martinez de Castro said. "The 
funds were approved in the state forfeiture account for travel and 
conference during the budget process."

Martinez de Castro said he believes the accusations are part of an 
ongoing "political effort" to "discredit" him, reduce his pay and fire him. 
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