County tries to take out CITT member who irks Carlos Gimenez

County tries to take out CITT member who irks Carlos Gimenez
  • Sumo

It is nothing more than political retaliation.

The Miami-Dade County Attorney’s office is trying to remove an outspoken, critical member of the Citizens Independent Transportation Trust who has been a thorn in the mayor’s side, saying that he can’t be on the oversight committee because he is involved in legal action against the county.

Attorney Paul Schwiep was advised via email — actually a copy of an email to traffic 836 extensionCITT Director Javier Betancourt — that he had “relinquished” his seat on the board when he filed a legal action Oct. 26 against the county on behalf of the Friends of the Everglades, seeking to stop construction of the Kendall Parkway extension to the 836 expressway.

Oh no he didn’t, Schwiep shot back.

In a seven-page email with exhibits and legal precedent examples the attorney tells the county attorney, in no uncertain terms, that he has absolutely not relinquished nada and that he will be at the scheduled CITT meeting Thursday, as planned.

Read related: Carlos Gimenez taps commissioner to block return of half penny funds?

“The current county administration did not appoint me to the CITT and is not permitted to remove Trustees with whom they may disagree on particular issues, whether on ending unification or the extension of SR 836,” Schwiep, an appointee of Commissioner Daniela Levine Cava, writes in his response.

Schwiep has also been one of the leading voices on the call to end unification of half-penny surtax funds — which were supposed to be for the extension of metrorail — with operation and maintenance dollars. Something the current administration continues to do. Mayor Carlos Gimenez has even found a way to use the county attorney’s office to thwart a CITT directive that these funds stop being used this way.

And, to boot, Shwiep also sued MDX months ago to get documents related to the PR for the Kendall Parkway, some of which was done by the mayor’s daughter in law, a perk now that he is chairman of the board.

So, as one might imagine, Gimenez doesn’t love Schwiep.

“The mayor is not happy with me because I represent people opposed to the 836 extension and because I am on the transportation trust saying we have to end comingling,” Schwiep said. “He’s told me himself.”

Does he think Gimenez ordered Assistant County Attorney Annery Pulgar Alfonso to get Schwiep off the board? “That would be pure speculation,” he told Ladra.

But what else could it be? How likely is it that this was on Alfonso’s radar all by itself? After all, Schwiep represented another group that sued the county in 2013 — and nobody objected then.

No, more likely this is a move by Gimenez to silence a critic who is in an actual position to derail the mayor’s plans to keep using PTP funds forever to shore up his budget.

Read related: MDX spent $400K on PR, including $60K for mayor’s daughter-in-law

Not that the county has any legal standing, he said, adding that the county code section 2-11.38 cited by Alfonso to make him “relinquish” the seat does not apply. “They’re really out on a limb on this,” Schwiep said.

First off, the legal action is not a lawsuit, per se, which is what the county code speaks to. What Schwiep filed is an “administrative petition” to seek the review of an agency decision, which doesn’t go to court but rather the state’s Division of Administrative Hearings and before an administrative law judge. Sounds like a lawsuit to Ladra, but the legal nuances may have Schwiep technically in the clear.

No matter, though. Because, secondly, this particular part of the county code does not apply to the CITT, which is not a board created by the county commission but rather a trust created by voters who approved the People’s Transportation Plan in 2002. It’s an independent watchdog group separate from the government and as such is not subject to the same government rules.

Schwiep also argues that, thirdly, the county code section only applies to board members who participate as a party to a lawsuit, not who serve as counsel — like he did in 2013 for the Biscayne Bay Waterkeeper in an action against the county.

“No one at that time suggested that my service as counsel for the plaintiffs triggered section 2-11.38,” Schwiep wrote. “This demonstrates that your current opinion is no more than retribution for my work to end comingling of surtax funds and in opposition to the extension of SR 836.”

In addition, Schwiep went to the Miami-Dade Commission on Ethics and Public Trust and got an opinion from them that he could serve as counsel on the administrative petition because the relief sought by the third parties are not associated with the CITT functions.

Schwiep ends by saying that he will be at the next CITT meeting Thursday afternoon. On the agenda are two $1.1 million contracts for environmental clean-up for the departments of transportation and public works and other departments using the half penny surtax funds.

And the county is requesting surtax funds for this, of course.

9 Responses to "County tries to take out CITT member who irks Carlos Gimenez"

  1. …We know that we have affordable rail commute from Miami north to West Palm Beach. The ticket for the complete span costs $6 and something. If I want to attend FAU, in Boca Raton, I can ride Tri-rail to do it. We keep hearing of a growing number of Miami residents who are buying homes in Homestead, because their median home value s $140,000 compared to $240,000 in Miami-Dade. Add on the massive number of homeowners South of Kendall, and West of the Palmetto, who all have growing children, and who are potential rail transportation users. For the westerners, one can establish a service of the Kendall Area Transit variety. All contemporary!

  2. …Latins call this ” megalomania “, and we say that ” the clothes don’t make the man “, too

  3. Hi Cindy,Do you think King Carlos cares about poll #’s ? He’s a Lame Duck Miami Dade County Mayor in his last 2 years as Miami Dade County Mayor,he can retire and live comfortably on all our Tax funded money we’ve given him .Plus ,he may join his buddy Chip Iglaseus at Ballard Partners, or get greedy and try and become Miami Mayor next time around .Time will only tell !

  4. Mayor Gimenez is so far off base he’s teetering On losing all credibility. He is acting more and more like the President, a bully, and undermining our infrastructure and it’s outrageos and offensive. He clearly has no legal grounds to remove Paul Schwiep . Paul has every right and responsibility to demand the county abide by the CITT Resolution and that it release public records. Will someone please poll Gimenez ‘ favorability ? He needs to understand his actions have huge adverse impacts on this County and on his political future.

  5. Hmmm,I wonder if the Miami-Dade County Commission on Ethics and Public Trust have an Ethics class for their own People who work there ? From my own experience it looks like they need it .Nothing but a dog and Pony show over at Ethics and Public Trust. As far as any decisions usually made Miami Dade County Mayor Carlos Gimenez consults with the Miami Dade County Lawyers who we pay handsomely with our Tax dollars ! A whole pack of Fox’s guarding the hen house and the biggest fox of them all is Mr Carlos Gimenez !

  6. Paul Schwiep is an incredible citizen. He volunteers for many worthy causes. Miami-Dade County could use 1,000 Paul Schwieps.

  7. Gimenez is a Bully always has been..he’s like Trump he does not tolerate anyone who disagrees with him..

  8. Mr Attorney : Don’t let The Corruption of the Politicians Push You over , They may want to replace you With a Botellero , There is No Ethics in MDC !

Leave a Reply

Your email address will not be published.