By Jayda Hall, The Miami Times
North Miami Beach Commissioner Frantz Pierre is back in the spotlight, again.
And this time, the light is being shone on how he exploited his public position back in 2015, according to the Miami-Dade County Commission on Ethics and Public Trust.
The ethics commission ruled unanimously on May 24 that Pierre exploited his position as commissioner to threaten a code enforcement officer to avoid code violations.
According to the investigation of the complaint, Pierre was issued two code violations in February 2015 for a car with a flat tire in his driveway and a fence that had loose boards. By March 2015, the cited violations were not corrected.
So in April 2015, former North Miami Beach code compliance officer Tasheema Lewis went to his home to post a notice that a hearing had been scheduled on the cases.
This is when, Lewis said, Pierre’s wife Marie told her she was only at their home to dishonor the commissioner. Then Pierre allegedly introduced himself as a commissioner and said to her, “… if you want to keep your job, don’t even look at this house.”
Lewis added that Pierre tore down the notice and threw it at her vehicle as she began to drive off. Pierre also said that he could have the city manager and code compliance director fired as well, according to Lewis’ testimony.
The May 24 hearing lasted for five hours, and the ethics commissioners found Pierre guilty of exploitation. He was fined $1,000, charged $500 in investigative costs and will also receive a letter of reprimand. The matter was not “trivial,” according to Joseph Centurino, executive director of the ethics commission.
“Anytime an elected official uses his office to attack public servants in an attempt to avoid being held accountable for any legal violation, the public trust is seriously undermined,” he said. “This type of case is what the ethics commission is here for.”
But Lewis’ testimony was “absolutely untrue,” said Pierre’s attorney Benedict Kuehne.
Kuehne said being that it was election season, Pierre was not at his home during the time Lewis alleges the incident occurred because he was engaging in campaign activities.
“The decision by the city to have an inspector go to his house on an early voting day is outrageous and intended as harassment and intimidation,” Kuehne said. “Pierre did not engage in any improper conduct whatsoever, but it was rather the city bureaucracy that acted improperly.”
Kuehne added that the proof came “much later,” when North Miami Beach tried to “throw Pierre out of the commission illegally.”
Prior to the ruling on the ethics case, North Miami Beach attempted to name a replacement commissioner for Pierre’s seat after the municipality says he violated the city charter and “forfeited his position as a commissioner,” according to City Attorney Jose Smith.
The charter says if a commissioner fails to attend meetings for 120 days, his or her seat becomes automatically vacant. Pierre became ill and could not physically attend selected commission meetings in 2017.
To participate in meetings, he voted by phone, which was approved by Smith.
And although participating by phone is legal under Florida law, it was not designed to replace Pierre’s physical attendance “indefinitely” if he could attend a meeting, according to the city attorney.
Miami-Dade Circuit Court Judge Dennis Murphy ruled in Pierre’s favor and prohibited the city from naming a replacement commissioner. Pierre returned to the dais after Murphy’s ruling on May 2, which allows the commissioner to serve temporarily until a final court order is written.
Kuehne said that if the charter were referring to actually being present at a meeting, then it would have said, “physically attend.”
“The city attorney is saying that the charter has more words than what actually appears,” Kuehne said. “The charter enables the commission to best serve the public so that when they are sick, they can attend in a different way.”
Kuehne said the decision could arrive possibly this summer and would determine Pierre’s fate as a permanent commissioner until his term expires in November 2020.
Regarding the ethics case, Pierre isn’t too thrilled about the ethics commissioners’ decision.
“Pierre is extremely disappointed that the ethics commission ruled otherwise, but he knows he did nothing wrong,” Kuehne said. “We are in the process of making decisions regarding how to proceed to obtain the commissioner’s vindication.”
If Pierre and his team decide to appeal the decision made by the ethics commission, he would have to file a petition with the circuit court.
Sc: https://www.miamitimesonline.com/news/commissioner-frantz-pierre-clashes-with-city-of-north-miami-beach-again/article_62a6ca14-6997-11e8-9a70-f35c77b0fa15.html