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HomeMy WebLinkAboutM-84-0337C�� April 2, 1984 DELIVERED BY HAND The Honorable Janet Reno State Attorney The Justice Building 1351 N.W. 12th Street, Sixth Floor Miami, Florida 33125 Dear Ms. Reno: RALPH C. CONGA city Clerk MATTY HIRAI Assistant City Clerk DEPUTY CITY CLERKS Robert E. Tingley Georgia M. Little Sylvia M. Mendoza Evelio Rizo Sylvia Lowman STAFF SUPPORT Lillian Dickmon Commissioner Joe Carollo, at the City of Miami Commission meeting held on March 29, 1984, requested the City Clerk, by Motion 84-337, to immediate- ly communicate with you to verify statements made by the City Manager, on the public record, in connection with your ongoing investigation regard- ing the alleged misuse of funds and equipment in a Behavioral Modifica- tion Program basically addressing crime, unemployment, and other problem areas in the black community. Said program is operated by Mr. Les Brown and was approved by the City Commission June 17, 1984. The specific request of your office is to verify a statement (contained in page 2 of the herein enclosed transcript)and made by the City Manager in which he states that Mr. Ray Havens, of your office, informed the City not to proceed with any action to collect the funds until your office had completed your investigation. As reflected in the attached transcript, Commissioner Carollo has specifically instructed me to request that you verify this statement as soon as possible. The copy of the Special Tran- script and Motion 84-337 is attached hereto for your ready reference. Very truly .yours, e NGIE City Clerk "- , RGOmh Encl.a/s cc: Honorable Members of the City Commission. OFFICE Of THE CITY CLERK/City Hail;35DD Pan American Drive,Miami, Florida 33133.1579-6065 �9l�TiD�% L -_A T P;v 35. DIRECT CITY CLERK TO SEND A LETTER TO STATE ATTORNEY REGARD- ING STATUS OF INVESTIGATION ON THE ALI.EAED MISUSE OF FUNDS AND EQUIPMENT IN PROGRAM OPERATED BY MR. LES BROWN. Mr. Carollo: I have one additional item, Mr. Mayor. On March 23rd of this month, the City Manager, even though I don't believe it was signed by him, I think it was approved by him, based upon an audit the City of Miami did of the program that Mr. Les Brown was running - sent Mr. Brown a letter requesting that the group that he formed return some approximately $29,000 in City funds to the City of Miami within five days of March 23rd and there was approximately $3,000 in equipment that was also supposed to be returned. If the equipment was not returned, then the cash value of the equipment, what was spent on it, had to be reimbursed. Seven days was given for the return of the equipment. If not, they would have to reimburse the City for the cash value of the equipment, so we are looking at some approximately $32,000 out of the $100,000 grant the City of Miami gave to Mr Brown for his program that was supposed to help Black youths in Liberty City and Overtown. Now, I would like to find out from the City Manager, or the City Attorney if we have received any of those monies from Mr. Brown, or the programs, should I say, that he is running. Mayor Ferre: All right. Mr. Manager, do you want to answer, or the City Attorney? Mr. Gary: First of all, you are correct. We sent him a demand letter for the money and the equipment. He has agreed to turn in the equipment tomorrow and we have not received any money to date. The way I under- stand it in terms of talking to the lawyers and Mr. Garcia-Pedrosa's response, is that if he does not turn it in by that time, that civil action will be taken against Mr. Brown. Mr. Carollo: My question is the following - the letter was sent out on the 23rd, am I correct? Mr. Gary: Correct, about that time. Mr. Carollo: We stipulated that we were giving him five days to pay up, if I recollect correctly what the letter stated. Mr. Gary: I thought it was seven, I'm not sure. Mr. Carollo: Seven for the return of the equipment. Mr. Gary: I would have to get that... Mr. Carollo: Five for paying the $28,000 plus of the $29,000. Mr. Gary: My recollection of that I thought it was seven. Mr. Carollo: It is five. The 23rd, and this is the sixth day. He is still within the time span of the seven days that he was given for the return of the equipment that was bought with City funds, so he has until tomorrow to return that equipment. Mr. Gary: Oh yes, that is right. Mr. Carollo: I am correct on five days, right, Howard? Mr. Gary: Right, it is five days. We have had a meeting with the State Attorney's office regarding this matter. We have been advised by the State Attorney's office, and I met with them personally, that we are not to proceed with any of our actions until she completes hers. Mr. Carollo: When you say any of our actions, - you say that meeting was set after we sent the letter to Mr. Brown, or before? ld MAR 2 9 1984 t Mr. Gary: Was the meeting set up before? Mr. Carollo: The meeting with the State Attorney. Mr. Gary: Was set up after we sent the letter. Mr. Carollo: After you sent the letter? Mr. Gary: Exactly. Mr. Carollo: But she requested that we take no action whatsoever? Mr. Gary: Correct, other than what we have done. Mr. Carollo: Other than what we have done. Mr. Gary: We have done correct in terms of sending out the letter of demand, but don't take any further action until she has completed her investigation. Mr. Carollo: In other words, she has instructed the City of Miami not to follow up in any kind of civil lawsuit, civil demand, to collect from Mr. Brown? Mr. Gary: That is correct. Not she personally, her office - the people in charge of the investigation. Mr. Carollo: Was this done verbally or in writing. Mr. Gary: No, this is Ray Havens. Mr. Carollo: Ray Havens? Verbally or in writing? Mr. Gary: This was done verbally. Mr. Carollo: Okay, now Mr. Clerk, can you send a letter immediately, first thing tomorrow morning to the State Attorney asking her that if based on the letter that we sent to Mr. Les Brown, is it her wish that we not follow up in collecting the monies that are due to the City of Miami. Mr. Ongie: Yes sir, I will. Mr. Carollo: And if she can reply to us immediately. Mr. Ongie: I will do that, sir. Mr. Gary: I would like to suggest that you add to that letter that we met with Mr. Ray Havens on Friday at 2:00 P.M. in her office, who advised us not to take further action until they have completed their investigation. Mr. Carollo: That will be fine if you can make a note, that according to the City Manager's statement to the City Commission today, he advised us that he had met with Mr. Ray Havens and under Mr. Havens' suggestion, he advised the Manager that he did not want the City Commission, the City of Miami to pursue it any further on that letter, until they had finished their investigation. Is that correct, Mr. Manager? Mr. Gary: You wording is a little different than mine. He informed us that they wanted us not to proceed with any actions to collect the funds until they completed their investigation. This was Mr. Ray Havens with three other people in the room at the time - four other people. Mr. Carollo: Okay, if you could include that as the Manager has stated in his own words and if she could respond to us as soon as possible, if that is what her office wishes the City of Miami to do. Mr. Ongie: I will do it tomorrow. ld MAR 2 9 1984 d l Mr. Carollo: So that if not, the City of Miami can pursue it immediate- ly with any and all legal avenues that we have available to us under the law to have those monies returned to the City of Miami taxpayers. Mayor Ferre: So what do you want to do? Mr. Carollo: According to what the City Manager stated, Mr. Ray Havens, Chief Investigator for the State Attorney's office asked him not to pur- sue this matter for the reason that he stated. Mayor Ferre: You will bring it up again after... Mr. Carollo: So, what we are doing is going right to the head of that office, the State Attorney herself, asking her to give us a reading of whether we are free or not to pursue this matter in collecting. Mayor Ferre: Do you want to make that in the form of a motion? Mr. Carollo: Yes, Mr. Mayor, I would like to make this in the form of a motion. Mayor Ferre: All right, there is a motion on the floor. Is there a second? Mr. Plummer: If Mr. Carollo things it is necessary - I don't, but I will be happy to second the motion. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption. MOTION NO. 84-337 A MOTION DIRECTING THE CITY CLERK TO IMMEDIATELY SEND A LETTER TO STATE ATTORNEY JANET RENO TO INQUIRE AS TO THE STATUS OF THE INVESTIGATION REGARDING THE ALLEGED MISUSE OF FUNDS AND EQUIPMENT IN CONNECTION WITH A BEHAVIORAL MODIFICATION PROGRAM OPERATED BY �j MR. LES BROWN AND APPROVED BY THE CITY COMMISSION ON j JUNE 17, 1982, AND SPECIFICALLY REQUESTING OF THE j STATE ATTORNEY TO VERIFY INFORMATION RELATED TO THE CITY MANAGER BY MR. ROY HAVENS, CHIEF INVESTIGATOR, STATE ATTORNEY'S OFFICE, REGARDING A MEETING HELD AT 2:00 P.M., LAST FRIDAY, WHICH MEETING MR. HAVENS ALLEGEDLY ADVISED THE CITY MANAGER TO TAKE NO FURTHER ACTION WHILE THE INVESTIGATION WAS IN PROCESS BY THE STATE ATTORNEY'S OFFICE, AS STATED BY THE CITY MANA- GER TO THE CITY COMMISSION ON THIS DATE; RESPECTFULLY REQUESTING THE STATE ATTORNEY TO RESPOND AS QUICKLY AS POSSIBLE TO THIS LETTER IN ORDER THAT THE CITY CLERK MAY PROPERLY ADVISE THE COMMISSION: AND FURTHER STIPU- LATING THAT IT IS THE INTENT OF THE CITY COMMISSION TO VIGOROUSLY PURSUE THE RETURN OF FUNDS AND EQUIPMENT FROM THE AFORESAID PROGRAM USING ALL AVAILABLE AVENUES UNDER THE LAW, PROVIDED THAT THE STATE ATTORNEY ADVISES THAT THE COMMISSION HAS THE AUTHORITY TO PROCEED AT THIS TIME. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Demetrio Perez, Jr. MAR 2 9 1984 8�y -37