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NUMBER 115 - NOVEMBER 8, 2018
LAST APRIL, SEAN MOY, THE PRESIDENT OF ASFCME LOCAL 1907 WAS OFFERED A NO-SHOW JOB THAT CAME WITH A $28,595.74 PAY RAISE. THE MAYOR, THE CITY MANAGER, THE CITY COMMISSION AND THE CITY ATTORNEY WILLFULLY AND KNOWLINGLY CONSPIRED IN THIS HOCUS POCUS EVEN THOUGH THEY KNEW THAT THIS AMOUNTED TO A SLAP IN THE FACE OF THE CITY EMPLOYEES WHO MAKE UP THE MEMBERSHIP OF LOCAL 1907
Sean Moy Application for Chief of Code by al_crespo on Scribd
These documents establish beyond reasonable doubt that AFSCME union president Sean Moy, during the process of negotiating a settlement agreement between his union and the City of Miami in response to the lawsuit the union had filed against the city in case number 2017-001234-CA-01, managed to convince, persuade, hoodwink or extort the city into agreeing to accept language in the settlement agreement that would allow him to be appointed by the City Manager to the unclassified, executive position of Chief Of Code, yet maintain his status as a member of the union's, "bargaining unit and an affected employee," in order to remain the President of AFSCME Local 1907.
And it is after this occurred where the actions by the city reveal just how deeply involved they were not only in sanctioning this activity, but in trying to keep it secret for as long as they could.
DOCUMENTS NUMBER IV and V
Although Moy was offered and accepted the job of Chief of Code on April 16th, and the Personnel Action Form (PAF), established that this appointment was officially entered into the system on April 17th, the perquisite job application that Moy was required to have submitted before he could have been offered the job, as well as the qualification process required by Human Resources never occurred until 5 months later.
DOCUMENTS NUMBER IV
Because the Chief of Code was a vacant executive position, not only should it have been advertised - which it wasn't - but all the applicants for the job needed to fill out job applications.
Below is Moy's application, and you can see on page 6, that he submitted this application on September 18, 2018, FIVE MONTHS AND TWO DAYS AFTER HE WAS OFFERED AND ACCEPTED THE JOB.
remember that this scam not only occurred with the knowledge and blessing of Francis Suarez, and his administration, but also with the open and willful support and assistance of Carollo, who when it comes to slime and scummy behavior is the embodiment of the kind of Cuban political corruption in Miami that has made Miami politics the laughing stock of so much of the rest of the country.
It's Miami, Bitches!
TO THE MEMBERS OF AFSCME LOCAL 1907
A number of you have reached out to me about this situation, and asked me to try and do something. This is what I'm able to do. I am not a member of your union, and have no legal standing to take this issue further, so I would say to those of you who are tired and angry over how your union has been run that you ignore trying to get the Mayor or the City Manager to behave ethically and do something about this, because they're the ones who sanctioned this bullshit to begin with, and don't waste your time with the corrupt State Attorney and her collection of unethical and unprincipled Public Corruption lawyers.
Your only possible solution is to go to, or contact the National Labor Relations Board (NLRB), file a grievance and make your case to them. You're in luck in that they have an office in Miami.
THE NATIONAL LABOR RELATIONS BOARD
Federal Building
51 SW 1st Avenue
Room 13230
Miami, FL 33130
305.536.5391
The real story about how the City of Miami operates and conducts business is not the crap found in the smoke and mirrors press releases about "seal level rise resiliency", or "global innovation festivals", or "master plans for affordable housing," that is so much fluff generated by a communications office whose job is to act like the shill in a game of Three Card Monti, where the goal is always to misdirect the players into believing the pea is under the wrong cup.
No, the real story about governance in Miami is the all too familiar story of public corruption; it's a story of lying, corrupt public officials whose sense of public service only extends to the self-aggrandizement of power, their misuse of public money and abuse of their offices, as well as the occasional acts of collusion with union officials that provide them with the union donations and the union manpower they've come to expect to be on streets at election time to help them either get elected, or reelected.
Today's story, is about an amazing, even for Miami, act of collusion between the administration of Francis Suarez and the union leadership of AFSCME Local 1907, who represents the general employees of the city and it's a story that reveals that union president Sean Moy, used his position for personal gain with the full knowledge and assistance of the city's administration.
The story starts shortly after Francis Suarez became mayor, and I started hearing about a secret deal that was being worked out between the administration and AFSCME Local 10907 that, my sources told me, would end up screwing some union members who would be removed from the union rolls in order that the Suarez administration could treat those jobs as parking places for political appointees.
The initial effort to accomplish this switcheroo had started during the Regalado administration in response to a lawsuit filed by the union who had their own reason for trying to decertify some city employees from union membership, including one individual who was seen as a possible political challenger to Moy's continued hold on the presidency of the union.
By April, the persistent rumors of this pending deal prompted me to write the following email to the Mayor, the members of the Commission, and the City Attorney on the morning of April 24th.
Good Morning Lady and Gentlemen:
It has been brought to my attention that on Thursday the City Commission will be asked to approve a settlement agreement between the City and the AFSCME union to settle case # 17-001234-CA-01.
The first thing I discovered when I went on-line to review the agenda and documents was that although the Agenda Item Summary Form stated that (See Settlement Agreement for full disclosure if terms and agreement), that document was not included in the Agenda Packet.
Given the past behavior of City Officials this is usually a sign that someone - always the taxpayers - are soon to be screwed without the benefit of lubricant.
Then, I got word that the rumors I had been hearing about a deal to do a loop-dee-loop deal promoting current AFSCME President Sean Moy to the position of Chief of Code Enforcement - with a salary increase and the ability to remain as President of the union - was true, and that there was also some hanky-panky involved regarding NET Administrators and the possibility that Commissioner Manolo Reyes was looking to get one of his pals placed in one of those positions on the sly, so-to speak.
Now I know that I, and no doubt many folks in Miami and elsewhere would be shocked, shocked I tell you, that any of this might actually be true, but the only way to get to the bottom of these dastardly rumors is to see what happens when they are exposed to sunlight.
I'm not sure exactly who is the best person to respond to this situation might be, perhaps it's is Colonel Klink, the city's new and photogenic City Manager, or perhaps it 's Madam City Attorney Victoria Mendez, who's always eager to show she's a team player, or perhaps it's Commission Chairman Hardemon for putting this item on the agenda, or perhaps it's Miami's Mayor who sees this as just one in a number of schemes and deals that he believes will make him Miami's first Strong Mayor?
Whoever it is, please get back to me ASAP with the answer to whether this is indeed a loop-dee-loop, and whether Sean Moy is in fact in line to be elevated to the position of Chief of Code Enforcement, or that Commissioner Manolo Reyes has begun the time honored tradition of planting his pals in cushy city jobs?
If I don't hear by noon that all of these allegations are false, I will feel obligated to post this letter on The Crespogram newsletter, as a warning to the citizens that a screwing is coming.
Your pal,
al crespo
Several hours later, Victoria Mendez respond, and in the process dismissed my allegations as "improper."
It was Carollo's behavior that prompted me to show up at the Commission meeting afterwards to call Carollo out.
In the days that followed, I attempted to get copies of any documents that would provide the details of how this deal between the City and Sean Moy had been arranged, but with the exception of the draft of the settlement agreement, I was unsuccessful.
I knew that in time documents would surface - they almost always do - and so I moved on to focus on other stories.
YOU CAN ONLY HIDE PUBLIC RECORDS FOR SO LONG
A couple weeks ago, I got to thinking about Sean Moy and this deal again, and so I started a new search for the documents related to his promotion, and this time, the documents that had previous been closely held in desk drawers back in April, had finally been entered into the city's data stream.
These documents provided a treasure trove of incriminating revelations that even I couldn't believe existed.
The critical thing to remember as you look at these documents, are the dates.
The dates are critical to establishing the level of duplicity and collusion that the administration of Francis Suarez and clearly sanctioned by City Manager Emilio "Colonel Klink" Gonzalez engaged in to try and keep the process secret in the hopes that over time it would be forgotten.
DOCUMENT NUMBER I
The first document is a deal memo dated APRIL 16th, from City Manager Emilio Gonzalez, to Sean Moy, offering him the position of Chief of Code, and Moy's acceptance of the offer.
This offer was made 8 DAYS BEFORE the City Commission voted to approve the terms of the settlement agreement with AFSCME.
DOCUMENT NUMBER II
The second document, dated APRIL 17th, is a Personnel Action Form (PAF), and is the top half of the document is the official record that Moy, on April 17th was officially given the job of Chief Of Code at a salary of $92,000. The PAF actually is a two page document, so I've inserted a Grey Bar to denote the two pages.
Cesar Nunez, a member of Local 1907 Executive Committee, Sean Moy, President of Local 1907, and Joe Carollo taking selfies during the campaign
I know that I have acquired a reputation for doggedly pursuing documents, but when I received the above response from Mendez, I did not immediately go to the city's website to see if I could find the proposed settlement agreement that I had not been able to find the first time, because I was at the time knee-deep in trying to finish Part II of my series about the campaign contributions and expenditures of Francis Suarez mayoral campaign, and so it was not until after the April 26th Commission meeting that I went looking for the proposed settlement agreement and when I did, I found this sentence snuggled deep in the agreement.
DOCUMENT NUMBER III
The third document, dated JULY 3rd, is a Working Out Of Classification Form (WOC), and provides both the date and an explanation of how the position of Chief Of Code came to be vacant, and identified Lazaro Orta, as having been appointed as the interim Chief Of Code on April 21st, 3 DAYS before the City Commission voted to approve the settlement.
DOCUMENTS NUMBER V
Here is the Qualification Procedure Form where Moy's failure to have an Associate degree is sidestepped, and where the Special Requirement of certification by F.A.C.E. is ignored, because in order not to have to deal with Moy's failure of certification, the city chose to end it's association with the F.A.C.E. organization.
When I discovered this sentence, I thought it was as close as one could get to a smoking gun, and I wondered, as I started looking for other documents why not one Commissioner had not considered this arrangement worth questioning.
The highlighted language above spelled out the fact that even though the position of Chief of Code was, and had always been an executive, unclassified position - non union - it would, as a result of this agreement become a classified - union - position, thereby making it possible for Sean Moy, to be appointed to the job, and remain both a union member, and better yet, the President of AFSCME Local 1907.
Not only had the commissioners not questioned this deal, but it was clearly in support of Moy and the union that Commissioner Joe Carollo, using documents that clearly could not have come from anyone other than union representatives, attacked city employee Jose Jair Espinoza during the Public Comments portion of the Commission meeting, after he spoke out against this agreement.
Espinoza was the employee who Moy and his union pals believed would challenge him at the next election, and it was clear, both from Carollo's efforts, as well as a bogus attack flyer that had been circulated among city workers days before the Commission meeting that the union leadership was doing everything it could to discredit him.
To truly appreciate just how deliberately corrupt this process was, and is, understand that from April 16th, when he was offered and accepted the position of Chief Of Code, until you read this today, Moy has not worked one single day, or one single hour as the Chief Of Code.
He was the President of AFSCME 1907 on April 16th, and he continues to serve in that full-time position today, November 8th.
In addition to collecting a $92,000 a year salary for a job he doesn't do, he also continues to collect a $36,000 salary as the President of AFSCME Local 1907, AND in addition to the take home car and the $75 monthly phone allowance he gets for a job he doesn't do, he also gets a phone allow and a car allowance from AFSCME.
How sweet is that!?!
So, when you hear Mayor Francis Suarez talk out of his ass about his commitment to accountability, integrity and transparency, and when you hear Commissioner Joe "Coco Loco" Carollo rail against the horrible, corrupt people he finds himself having to deal with since he became a commissioner, as he does in this little video clip:
PHOTO OF THE DAY - IT ONLY TOOK 34 YEARS AND THE PASSAGE OF A CONSTITUTIONAL AMENDMENT FOR ME TO BE ABLE TO FILL OUT THIS VOTER REGISTRATION FORM - WHAT SHOULD I DO NEXT?
BILLIONAIRE JORGE MAS CONTINUES TO ADD TO THE FAMILY LEGACY ONE SLEAZY ACT AT A TIME
On Tuesday the folks supporting the soccer stadium deal were alleged to have illegally passed out soccer merchandise to voters, and an alleged campaign worker was photographed walking around inside Precinct 576 with a Tee Shirt supporting the passage of the soccer referendum. Both violations of Florida's campaign and voter laws, and the allegations of passing out merchandise prompted a strongly worded letter to be sent to the Miami City Clerk and the Supervisor of Elections.
On the day after the election, Joey Flechas from the Herald, and Erika Carillo of Univision got their hands on a memorandum written and circulated by Victoria Mendez, the Miami City Attorney, warning all of the city officials that they could not have any talks with Jorge Mas, because the Commission on Ethics found an ethics complaint filed by local attorney David Winker against Mas, his brother Jose, David Beckham and all of the other principles associated with Miami Freedom Park, to be credible in its claim that these people had failed to register as lobbyists, and at least in Jorge Mas' case, and perhaps some or, all of the others as well, they also might have failed to take a required Ethics class.
Some found Mendez's actions surprising, but no one should because any contract negotiated between the city and the Beckham group, where it was known that the principles were negotiating illegally could cause massive legal problems down the road.
As to why these supposedly smart guys - especially Jorge Mas - would have gotten this far without making sure that all of their T's were crossed and their I's were dotted speaks to my belief that this is just another example of what happens when a billionaire believes that he has little Francis Suarez in his pocket, and Mas, like a lot of very rich people also seems to operate with a sense of self-entitlement that comes with the suck-ass way that rich people are treated, and that in Miami, this allows him to behave like his father used to accuse Fidel Castro of behaving in Cuba.
The biggest self-lie in the Cuban exile community is that the current generation of Cuban exile politicians and their rich benefactors are behaving any differently than the Cuban ruling class and gangsters in Batista's pre-revolutionary Cuba, whose plunder and abusive treatment of the peasant class is what allowed Castro and his followers to chase them all out of Cuba to begin with.
The Miami of today, like the Havana of 1957-58 has a stench of corruption that cannot continue to be ignored, and just because an ill informed public went along with the soccer stadium hustle, doesn't mean that there is smooth sailing ahead for this deal.
- Miami Herald