LTC 054-2018 Response to Miami New Tmes Article on Parks and RecOFFICE OF THE CITY MANAGER
NO. LTC# 054-2018
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of t e City Com ( ission
FROM: Jimmy L. Morales, City Manager
DATE: February 8, 2018
SUBJECT: RESPONSE TO MIAMI NEW TIMES ARTICLE ON PARKS AND RECREATION
DEPARTMENT
Yesterday, an article appeared in the Miami New Times which paints a distressing
picture of the Parks and Recreation Department as a workplace. Although, as detailed
below, I believe most of the information in the article is inaccurate, I have nonetheless
tasked our Human Resources Director with investigating the allegations. As you may
recall, these same allegations were made via letters that were recently sent to you by
former Parks Superintendents James Vincent Muia and Douglas Tripodo. Both
individuals were discharged for not meeting performance expectations, along with other
improprieties.
The two employees interviewed according to the article, Ida Smart and Lee Holmes,
have also both contacted members of the City Commission with unfounded allegations.
Ms. Smart also filed a charge with the Florida Commission on Human Rights ( "FCHR ") in
2017 which last month was determined, by the FCHR, to have no reasonable cause that
an unlawful practice occurred.
The Parks and Recreation Department
Before addressing the specific allegations made in the article, I think it is important to talk
about our Parks and Recreation Department generally. The City of Miami Beach is
committed to providing a workplace that is free of harassment and discrimination in every
form. The Parks and Recreation Department is a large and diverse department. The
department currently consists of 250 employees with a demographic of 33 white -not
Hispanic, 137 Hispanic, 79 black -not Hispanic and 1 American Indian. The Parks and
Recreation workforce is very representative of Miami -Dade County's ethnic make -up.
The Division in question (Operations) currently has seven supervisors. The
demographics of the supervisors are three white - not Hispanic, three black - not
Hispanic and one Hispanic.
The Parks and Recreation Department has a very open and active relationship with its
labor unions. Over the last several months numerous communications both written and
spoken have taken place between union representatives and administration. At no point
has the union raised concerns of discrimination or hostility within the Parks and
Recreation Department. In fact, the Operations Division received only one employee
grievance in about a year and a half, and it was not of significance, as it related to
posting overtime rosters at a park.
The Allegations
You all know that as a general matter, I do not like to discuss personnel matters publicly
out of respect to the employee(s) involved. But, in this case, where disgruntled current
and former employees have chosen to publicly make false allegations, I believe it is my
duty to defend the City and set the record straight.
It is important to address the obvious motivation of Mr. Muia and Mr. Tripodo, both white,
not Hispanic individuals. The following is a synopsis of Mr. Muia and Mr. Tripodo's
tenure with the City of Miami Beach, ultimately leading to their separation.
James Vincent Muia
Mr. Muia was hired by the City in February 2016, as a Parks Superintendent. Early into
his tenure, his shortcomings began to surface. Mr. Muia displayed an inappropriate
demeanor, often using derogatory language toward subordinates, coworkers and
vendors. One such example was during a Miami Beach Fashion Week event at Collins
Park, when he failed to turn off the irrigation system. As a result of his negligence, the
sprinkler system was activated and caused thousands of dollars in damage. Rather than
immediately remedying the situation, Mr. Muia advised the event host that he had more
important matters to address, making it clear that he (Muia) did not care about the
damage caused through his negligence. According to the event host, Mr. Muia used
profanity and conducted himself in a deplorable way (Exhibit 1). Additional complaints
were received both in writing and over the telephone, regarding Mr. Muia's behavior.
The complaints ranged from a subordinate employee alleging Mr. Muia was discussing
personal medical information with another subordinate in a way to categorize the
complainant as mentally unfit (Exhibit 2), to one of the City's vendors expressing serious
concern over his aggressive demeanor, including threats (Exhibit 3). On two separate
occasions, Mr. Muia had to be physically held back from engaging in physical
altercations with a subordinate employee over workplace disagreements.
In addition to the above, a complaint was filed with the Parks & Recreation Department's
Administration that Mr. Muia was engaged in questionable financial transactions utilizing
City funds. The Administration's investigation revealed that Mr. Muia performed multiple
unauthorized transactions with Pristine Irrigation, a company that was not a vendor to the
City. In furtherance of the investigation, when asked who the vendor used for a given
project was, Mr. Muia provided the name of another vendor, not Pristine Irrigation. He
was untruthful, as the invoice and credit card statement clearly showed Pristine Irrigation
as the vendor paid for the work (Exhibit 4). The most egregious of these examples was
the payment for alleged palm removals in November 2016. A physical inspection of the
sites revealed the palm removals never took place. Making the matter worse, the
payment was made by Mr. Muia utilizing a subordinate employee's City issued credit
card while he (the subordinate) was on continuous extended leave. The credit card
transaction was made on November 18, 2016; the subordinate employee was off and did
not report to work from November 1, 2016 through December 11, 2016. All of the
supporting documents are included herein as (Exhibit 5.)
When confronted with the above evidence, Mr. Muia opted to resign (Exhibit 6). In
addition to what is mentioned herein, there are numerous other performance deficiencies
and complaints that took place during Mr. Muia's tenure. Before Mr. Tripodo's
termination and subsequent letter to City elected officials, Mr. Muia had not been heard
of since his resignation.
Douglas Tripodo
Douglas Tripodo was hired by the Parks and Recreation Department on August 28,
2017. After two months of working for the department, his performance was not up to
expectations. Mr. del Risco held a counseling meeting with Mr. Tripodo to go over
deficiencies (Exhibit 7).
Mr. Tripodo was not happy with the meeting and immediately reached out to Mr. Rebar
to request a separate meeting. Mr. Rebar obliged and met with Mr. Tripodo. Mr. Tripodo
expressed dissatisfaction with Mr. del Risco questioning his ability to do his job.
Mr. Rebar began to independently monitor Mr. Tripodo's activities and quickly realized
that he (Tripodo) was not performing well in his role. As time went on, Mr. Tripodo's
performance continued to decline and his dishonesty increased. It was to the point that
everything Mr. Tripodo stated had to be verified by personal inspection, as he (Tripodo)
would blatantly lie on the simplest of matters. Mr. Tripodo always shifted blame for his
poor performance on everyone but himself. Some of the examples of his performance
deficiencies are as follows:
- Tripodo requested an increase in the amount of $160,000 for the purchase orders
awarded to the contractors performing hurricane recovery work. When Mr. del
Risco inquired as to the balances on existing purchase orders, Tripodo admitted
he (Tripodo) allowed the contractors to work beyond their authorized purchase
order balances. In fact, as of that day, the contractors had already incurred over
$136,000 in unauthorized work, which was in violation of the City's procurement
policy and law. When asked for supporting documents showing his tracking of the
hours worked by the contractors' employees, Tripodo failed to provide any
support, contrary to the mandate he received from Mr. del Risco months earlier.
When Mr. del Risco stressed the gravity of his infraction, Tripodo shrugged it off
as "not a big deal." (Exhibit 8)
- Emails were sent by Mr. Rebar and Mr. del Risco on separate occasions to staff
advising Art Basel preparations were paramount and parks, especially those with
event activations, needed to be in immaculate condition as Art Basel is one of the
most important events in the entire region. Even after daily inspections and very
prescriptive direction from Mr. del Risco, Mr. Tripodo delivered Collins Park in a
terrible condition for Art Basel. The park contained barren areas without sod,
areas without mulch, holes, dirt piles, muddy tire marks on sod and pavers, etc.
Tripodo's response in was that the park did not look in terrible condition. Tripodo
later stated during a walkthrough that the park was fine for Art Basel. Attached
are photographs of the deplorable conditions at Collins Park as Art Basel was
opening. (Exhibit 9)
- Tripodo ensured the Administration that Belle Isle Park was ready and "going to
pop" at Menorah lighting. Attached are the photographs depicting the horrible
conditions at the park during the ceremony. The park contained missing sod,
dead plants, mud pits, etc. (Exhibit 10)
- On one particular occasion, Tripodo provided cost estimates that were off by
thousands of dollars ($70,000 +) due to his failure to contact vendors or at least
use historical expenses. When asked, he had no basis or explanation for the
figures; he essentially made the figures up. He had previously been made aware
of the importance of the estimates, as they were to be provided to the City
Commission. Tripodo made similar baseless estimations on other projects.
- Email to Tripodo from Rebar requesting the addition of mulch at the playground at
North Shore Park Youth Center. Tripodo advised it was completed. The mulch
was not present at the time of his separation. (Exhibit 11)
- Email from Tripodo stating downed trees were being taken care of that day,
(November 21, 2017); however, a week later, the trees were still not addressed
(November 27, 2017). In between both dates, Tripodo had verbally advised
Rebar and del Risco that the trees were all taken care of. When the City Manager
brought to light the work was not done, Tripodo blamed employees from other
divisions for providing an incorrect map of the park and another for not responding
to his requests. At this point, Rebar reported to the park every morning to ensure
work was completed. The trees were in the middle of the park. The "map" in
question is still a mystery. Due to Tripodo's dishonesty, Rebar provided incorrect
information to the City Manager. (Exhibit 12)
- Contrary to the clear direction given by Rebar and del Risco during a meeting to
discuss reorganization, Tripodo conducted behind the scenes meetings with
classified employees advising them where he was going to move them and that
they were no longer going to work weekends or nights. He further promised direct
appointment to a classified position without a competitive process, which is in
violation of City rules. (see Exhibit 20)
- Email between Tripodo and del Risco about the departmental reorganization and
staffing. There are no problems mentioned and Tripodo thanks del Risco for his
support. (Exhibit 13)
On December 11, 2017, del Risco with the witness of Javier Fulgueira met with Tripodo
to discuss his performance and termination. At the time of the conversation Tripodo
stated that it was fine that he was being let go because he was quitting the following day
because he had another job.
The above are only some examples of the incompetent and deceitful actions employed
by Mr. Tripodo during his short three -month tenure with the City.
Ida Smart
Ms. Smart has filed numerous complaints against the City since 2012, at which time she
had a negative exchange with a coworker. The coworker, who is also African - American,
used inappropriate language when speaking with her. According to the coworker, the
two were friends prior to the incident and would often use less than professional
language when communicating with each other. However, on that day, Ms. Smart took
serious offense to his comment. According to the investigation conducted at the time,
both Ms. Smart and the coworker engaged in the use of inappropriate language during
the exchange in question. As a result, neither employee was disciplined (Exhibit 14).
Ms. Smart has expressed her dissatisfaction with the Administration's response to the
incident, as she deemed discipline should have been imposed upon her coworker. Since
that day, Ms. Smart has filed numerous complaints against the City for discrimination,
which all have been deemed to be baseless and lacking evidence to support them. As
previously stated, her most recent complaint with the Florida Commission on Human
Rights in 2017, was found to have no reasonable cause that an unlawful practice
occurred (Exhibit 15).
Lee Holmes
Mr. Holmes' chief complaint is that he has been denied the privilege of driving a City
vehicle because he was involved in a very serious incident in May 2014 when he ran
over and then backed over a citizen in Lummus Park, nearly resulting in the individual's
death (the New Times article euphemistically refers to it as "inadvertently running a city
vehicle into a sleeping homeless woman "). The citizen was critically injured and the City
expended in excess of $250,000 to end the legal actions that followed. Mr. Holmes was
terminated for his negligence leading to the incident, excessive absenteeism, as well as
engaging in a physical altercation with his former supervisor (now retired) who Holmes
also claimed discriminated against him. Mr. Holmes appealed the decision in
accordance with the City's procedures and he was later afforded an opportunity to retain
his employment through a last chance agreement extended to him by John Rebar,
Director of Parks & Recreation and Jose del Risco, then Assistant Director of Human
Resources. At the time, Mr. Holmes had forty -eight prior administrative actions against
him for violations of City policies, including three suspensions (Exhibit 16). Mr. Holmes
has also filed 28 claims for work related accidents between 1997 and 2017, further
bringing into question his credibility and commitment to safety in the workplace. Mr.
Holmes claims the decision of the Human Resources Director to not allow him to drive a
City vehicle is preventing him from promotional opportunities, as those positions require
driving. The decision of the Human Resources Director to not let Mr. Holmes drive a City
vehicle is a prudent action and not discriminatory in nature, as Mr. Holmes describes it.
Frankly, Mr. Holmes is fortunate to still have a job with the City in light of his past
performance and it would be negligent to allow him to drive a city vehicle at this point.
Mr. Holmes also made completely false representations in the article about his transfer
out of North Shore Open Space Park. As explained in the attached statements from his
managers (Exhibit 17), Mr. Holmes was moved to another work location after his
supervisor, also an African - American male, requested he be transferred elsewhere as he
(Holmes) was creating tension with coworkers. Tensions grew to the extent that police
action was later involved. In addition, serious complaints were made by a park patron
regarding Mr. Holmes' continued harassment and other inappropriate behavior toward
her, including making derogatory remarks toward her such as referring to her as a "bitch"
and driving by her making a "gun sign" using his fingers (Exhibit 18). He was ultimately
moved to another facility where he was accommodated at the direction of Mr. del Risco,
with a better schedule, consisting of work hours from 7:30 am to 4:00 pm, with Saturday
and Sunday off, in order to assist with his family constraints. He was also offered
assistance with transporting his child between City facilities in order to further assist with
his family needs. Mr. Holmes was never disciplined for any of the allegations made
against him by his coworkers and the previously mentioned park patron.
Mr. Holmes recently made a social media posting regarding discrimination within the
Parks & Recreation Department. Immediately upon receiving a copy of the posting, Mr.
del Risco and Mr. Fulgueira met with Mr. Holmes in order to inquire if anyone was
mistreating him in any way. It was explained to Mr. Holmes that there is no place for
discrimination of any kind in the workplace and that it is the Administration's duty to
ensure all employees are afforded equal opportunity and treated with the respect and
dignity they deserve. During the meeting, Mr. Holmes commenced the conversation by
stating he was upset because the City was not allowing him to drive, which was
preventing him from being promoted. He referenced a meeting that took place with the
Human Resources Director, wherein he was advised he would not be able to drive a City
vehicle. Mr. Holmes stated that he was not being mistreated and that discrimination
does not exist within the department. He admitted having been upset and frustrated
about not being allowed to drive, which is why he made the post.
Yvonne Sepulveda
The allegation that Yvonne Sepulveda was forced to resign her position is untrue and
contradicted by evidence, including her retirement letter wherein she gives thanks to Mr.
del Risco and Jeremy Hinkle, Parks Operations Supervisor, for what she referred to as
great experiences (Exhibit 19). As recently as last week, January 3091, Ms. Sepulveda
has remained in contact with Mr. del Risco. Further, during her exit interview conducted
by the Human Resources Department, Ms. Sepulveda never raised any such issues.
For the record, the Human Resources Director has reviewed all the evidence and
concluded that the complaints of Ms. Smart, Mr. Holmes and Ms. Sepulveda are not
based on factual information and are therefore meritless.
One other note, we looked at the petition on change.org in an effort to identify if in fact
our employees are expressing concerns. Sadly, few of the names on the petition are
public, so we cannot verify. But we did note that of the few names that were public, none
of them were employees of the Parks Department.
CONCLUSION
The irony in all of this is that prior to Mr. Tripodo's tenure with the department, operations
were running smoothly and no complaints of this nature were received. The catalyst for
these baseless allegations was, as noted earlier, Mr. Tripodo's unauthorized
communication with classified employees, wherein he made deceitful promises relating
to their future work assignments, schedules and locations, in direct violation of existing
collective bargaining agreement and City rules. Nothing of what he promised those
employees was previously approved by the Administration. In fact, he promised
employees work schedules that would entail no work on weekends, evenings or
holidays, which happen to be the busiest times for park systems anywhere. As
evidenced in the attached email from Mr. Fulgueira, news of proposed changes were
started to spread through the organization creating an environment of turmoil (Exhibit
20).
The Human Resources Department has thoroughly investigated these allegations. There
is no evidence to support any claim of discrimination or any other type of inappropriate or
illicit behavior conducted by John Rebar, Director of Parks & Recreation, or Jose del
Risco, Assistant Director of Parks & Recreation. Said allegations are unfounded and
lack any merit. Further, the terminations of the two former Park Superintendents, Muia
and Tripodo were for reasonable causes and were in the best interests of the City.
JLM /EC /MS
Attachment Exhibits
Rebar, John
From: Winick, Graham <GrahamWinick @miamibeachfl.gov>
Sent: Tuesday, July 12, 2016 3:13 PM
To: Rebar, John; Casanova, Cynthia
Subject RE: ABSOLUTLEY UNACCEPTABLE - NOT SOLVED
Heard the same.; nbsp; Thank you.
(MIAMI BEA(
Graham Winick, Film and Event Production Manager
TOURISM, CULTURAL AND ECONOMIC DEVELOPMENT
1700 Convention Center Drive, Miami Beach, FL 33139 (mailing address)
1755 Meridian Avenue, 5`" FL (physical address)
Tel: 305.673.7577 x65971 Cell: 786.402.11151 www,miamibeachfl.00v
Film line: 305.676.7070
Twitter, MiamiBeachNews 1 Facebook: Citv of Miami Beach
YouTube: CitvofMiamiBeach 1 Scribd: MiamiBeachNews 1 Flickr. Citv of Miami Beach
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community.
From: Rebar, John
Sent: Tuesday, July 12, 2016 10:57 AM
To: Winick, Graham; Casanova, Cynthia
Subject: RE: ABSOLUTLEY UNACCEPTABLE - NOT SOLVED
Graham — Please let me know if you hear any other complaints. Javier is the new point of contact in order to peacefully
get through this event. All reports I received are all is taken care of and well.
Thanks,
John.
M1AMl BEACH
John Rebar, Director
Parks & Recreation Department
1701 Meridian Avenue, Suite 401, Miami Beach, FL 33139
Tel: 305.673 -7730 / Fax: 786-394-4363/ www.miamibeachft.00v
We are committed to proviaing excellent public service and safety to all who live, work end play in our vibrant, tropical, historic community.
From: Winick, Graham
Sent: Monday, July 11, 2016 11:45 AM
To: Rebar, John; Casanova, Cynthia
Subject: FW: ABSOLUTLEY UNACCEPTABLE NOT SOLVED
Hi guys.
Bringing you into the below exchange as it seems to be getting worse.
1
Exhibit 1
MIAMI B
Graham Wlnick, Film and Event Production Manager
TOURISM, CULTURAL AND ECONOMIC DEVELOPMENT
1700 Convention Center Drive, Miami Beach, FL 33139 (mailing address)
1755 Meridian Avenue, 5t° FL (physical address)
Tel: 305.673.7577 x6597 I Cell: 786.402.1115 www.miamibeachfl.gov
Film line: 305.676.7070
Twitter: MiamiBeachNews I Facebook; City of Miami Beach
YouTube: CitvofMiamiBeach 1 Scribd: MiamiBeachNews I Flickr: City of Miami Beach
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community.
From: Sate Stojanovic Cmailto:saleCalfunkshion,com]
Sent: Monday, July 11, 2016 11:43 AM
To: Sklar, Max
Cc: Brown, Lavoris; Morgan, Mark; Muia, Vince; McFadden, Millie; Knowles, Rodney; Alain private Perez; Sanchez, Manuel
O.; Nodarse, Linette; Winick, Graham
Subject: ABSOLUTLEY UNACCEPTABLE - NOT SOLVED
I am not sure if this is fixed as Vince walked away from me. He came to the tent to introduce himself and I wis
with one of the designers from fashion week. I said to him that his attitude is not acceptable and walked away,
told his guys "pack everything I dont care about this guy... #157; and left. The designer and his team witnessed
all this and I am not sure that this is the good representation of the city and his workers. Bobby the person that
works with him is a very nice guy and tried to help me but Vince ordered that they all leave, he shut the door of
the water controll cabinet in front of his guys and told them to leave. That said I have no idea if he fixed the
problem.
I really do not understand his attitude. As you all know I've been working in this City for about 20 years and
done major events and never experianced anything like this. In this park alone I worked with Millie and Lavoris
for years and had nothing but great experience. Both of them were always pleasant, very responsive and
problem solvers. This person should not be a part of this City. I also sit on Production Industry Council as I
REALLY REALLY care about this City. I live on Miami Beach, my kids go to school in Miami Beach and I am
proud to say I live here. But this person....
Attached are the images of water and my floor bubbling, water inside, Bobby trying to fix it and sprinlders on.
As I mentioned before I invested in a lot of money to make MIAMI BEACH FASHION WEEK look the best it
can and now I have no idea how to make this floor, first and formost, not being a tripping hazard. It was glued
over the weekend and water is now making glue not sticking to wood. I used proffesional carpet instaellrs for
this job to make sure its done correct. In addition to flooring we have ton of electrical equipment and spraying it
is a HAZARD by itself.
I really need this person to come back here, show me what was done and make sure that this will not
happen.
The solution here is not to turn off ALL THE WATER in Bass museum park as it will make ALL the grass dry.
I can not take responsibility for that. There are zones and we know EXACTLY which zones are the ones around
and under the Tent and those were off for 2 days but are back on. Just these zones need to be off as it was in
previous two days.
2
Aleksander Safe Stojanovic
FUNKSHION
1935 West Ave. #206
Miami Beach, FL 33139
t. 305 +673 +2756
f. 305 +695 +1172
in €o @funkshion.com
www.funkshion.com
On Jul 11, 2016, at 11:15 AM, Muia, Vince <VinceMuia @miamibeachfl.gov> wrote:
All I am sorry for the confusion regarding the irrigation at Collins Park. I have fixed the clock issue. If
there are any other concerns going forward please let me know. I am sorry for the inconvenience.
<image001.jpg>
7
Vince Muia, MAL, CSFM, Parks Superintendent
Parks & Recreation Department
1701 Meridian Avenue, Suite 401, Miami Beach, FL 33139
Tel: 305 - 673 -7730, Ext. 23841 www.miamibeachparks.com
We are committed to providing excellent public service and safety
to all who live, work and play in our vibrant, tropical, historic community.
From: Sale Stojanovic [mailto:saletafunkshion.com)
Sent: Monday, July 11, 2016 10:17 AM
To: Sklar, Max
Cc: Muia, Vince; Brown, Lavoris; Morgan, Mark; McFadden, Millie; Knowles, Rodney; Alain private Perez;
Sanchez, Manuel 0.; Nodarse, Linette; Winick, Graham
Subject: ABSOLUTLEY UNACCEPTABLE
Importance: High
Dear Max,
I have a huge issue with VINCE MUTA. The whole Last week I was trying to figure out the
sprinkler situation in Collins Park by Bass Museum. On Wednesday they (Bobby and another
person from his team) came out and we went through it and then next morning we got spray on. I
called them back they came back and we found issue that there was a second cycle that was not
shut off. I got lot of electronics sprayed on. Then they said it will be all good and then this
morning I got sprayed again and now I have a huge problem as we did floring yestrday and now
its all bubble up. I called Vince to advise him and see what we can do and he told me QUOTE
... #157;I do not give a rats... #157; and "listen I do not care about anything you are saying I have
two big emergencies and I will do this when 1 do it... #157;
THIS IS ABSOLUTLY UNACCEPTABLE by VINCE MUTA and I want to file a official
complaint about him. At the same time I have to have this solved asap. I spent $16,000 on flaring
that is going bad as we speak due to INCOMPETENCE of VINCE MUTA and his people.
I will also send a not to the mayor and commissioners about his unacceptable behavior.
I have all documented on when they came, sprinklers going on that were not suppose to go with
date stamps.
Aleksander Sale Stojanovic
FUNKSHION
1935 West Ave. #206
Miami Beach, FL 33139
t. 305 +673 +2756
f. 305 +695 +1172
info uefunkshion.com
www.funkshion.com
8
Del Risco, Jose
From:
Sent:
To:
Subject
Good morning
Del Risco, Jose
Friday, September 23, 2016 8:08 AM
Re: Discrimination
You are a valued member of the team and I am very grateful for your knowledge and service to the City. These
allegations are serious in nature and I assure you that I will thoroughly investigate.
As always, I am here for you and all members of the department, you know you can count on me to do what's right and
fair.
Jose
MIAMIBEACH
Jose del Risco, Assistant Director
Department of Parks and Recreation
On Sep 23, 2016, at 8:01 AM, rniamibeachfl.gov> wrote:
Good Morning Jose:
As per our conversation on September 22, 2016 this email is in reference to the incident on yesterday.
On September 22, 2016 Park Superintendent Vince Muia may a discriminatory remark regarding my
Disability. The unprofessional remark that was made to Yvonne Sepulveda was think he has
problems with PTSD
He has not seen anything yet while making this statement other personnel were there. There are as
follows Eugene Newton
Jeremy Hinkle and others who heard the conversation. How does he know about my situation with
PTSD ? This action by my
Upper manage is unacceptable behavior. Even if he knew I have PTSD he should not be discussing this
with other employees.
This is a violation of My Hippa Rights. Mr. Muia is creating an hostile working environment by continuing
to interfere with my work
Performance at the jobsite. 1. First incident was at Flamingo Park when Mr. Muia stated that I must
answer to him Yes sir and No Sir when given instruction.
rd Instructing Operational Supervisor Jeremy Hinkle on how to score my evaluation. 3. Last week at
Flamingo Baseball Field he showed up at my work site screaming
At me again that he was the boss. He kept asking me Who's your boss. Jose I find these acts of
aggression to be unnerving to me . In Personnel Rule X Section 2
(3) Has been guilty of conduct unbecoming of an employee. Under 7 Has engaged in any of the following
(10) Has been offensive in conduct or language toward
The public, City Officers Superiors or towards other employees. (20) Has been antagonistic in attitude
towards superiors or other employees, criticizes orders or
Rules issued and policies adopted by superiors or interferes with the proper coordination of the City's
employee to the detriment of efficient public service.
1
Exhibit 2
Jose as much as I am being harassed I promise and guarantee you that I will not violate any rules or
retaliate in an aggressive and violent manner.
Jose I love and enjoy working the City of Miami Beach and would like to continue my service with the
city until I retire under peaceful work situations.
Thank you for caring and helping me to address and have this situation resolved.
<image001.jpg>
City of Miami Beach
Parks & Recreation Department
Parks Maintenance Division
Office Te.
2
Del Risco, Jose
From: Del Risco, Jose
Sent: Wednesday, January 11, 2017 5:23 PM
To: 'Betty Gerdts'
Cc: Orlando Otero
Subject: RE: Vince Muia
Hi Betty,
I am sorry to hear of the unfortunate encounter earlier today. Please give me some time to investigate, I will be reaching
out to you soon. If anything else comes up, please let me know immediately, As always, you can call me on the cell at
any time.
Regards,
Jose
From: Betty Gerdts [ mailto :BGerdtsCasuperiorlandscaping .cam]
Sent: Wednesday, January 11, 2017 5:19 PM
To: Del Risco, Jose
Cc: Orlando Otero
Subject: Vince Muia
Good Afternoon Jose,
I hope you are having a wonderful afternoon and that you are doing well. As you know I had a walk thru with Vince,
Jeremy and Siul this morning which it's still very concerning to us.
Upon arriving at Soundscape Park and saying good morning to each other Vince proceeded to threaten with cancelling
the contract and sending out notices to cure.
I stopped him and asked him not to say this comment again. I cannot stress enough how many times he threatens Siul
and I with this negative comment.
I expressed to him this is not the way to start a meeting where at the very least I am trying to work with him. He said
that he was going to send many notices to cure so they could cancel our contract.
To make a long story short we walked a total of four parks and his complaints were minor such as incomplete edging and
the bougainvilleas that need to be tied down.
After I thought we had come to terms and I expressed to him that we will remedy these issues within the next couple of
days to my surprise he sent a text message to Siul
Letting him know that he thought the contract was ending soon but indeed it finishes in 2018, where he said he would
shoot himself if he had to continue dealing with us.
Now, it has become even more concerning due to the fact that I feel he might be discriminating against us and I
personally feel uncomfortable dealing with such an unprofessional man.
Please call me so we can discuss this matter or if you want to have a meeting with Orlando, Siul and myself.
Regards,
Betty Gerdts
Maintenance Department Manager
Exhibit 3
1/9/2017
On Tuesday, December 20, 2016, Mr. Jose Del Risco, Parks and Recreation Assistant Director, came into
my office and asked me, Mrs. Vianca Peron - Sellan, to listen in on a conversation that he was having with
Mr. Vince Muia, Parks Superintendent, that needed my attention. When Mr. Del Risco returned to his
office I stood outside this door and heard him ask Mr. Muia what vendor had completed the Soundscape
Park wild peanut landscaping project. Mr. Muia responded that it was Doug Ingram & Sons Nursey. They
then proceed to discuss other projects.
On the same day I had received the SunTrust P -Card Statements to review from Mr. Muia's staff and I
saw the actual vendor that was used for the Soundscape Park project he was referring to was not Doug
Ingram & Sons Nursey, but a new vendor I had not seen before called Pristine Irrigation & Lawn
Maintenance. The invoice number was # 002 and they charge for the "Soundscape Peanut Grass &
Installation" was $2,000. This was charged to Jeremy Hinkle's P -Card on 11/29/2016 to the supplier
named Sq *tati2084 @hotmail.com.
Since that day, I have been monitoring P -Card charges on this vendor. The vendor has already exceeded
the $5,000 threshold and quotes have not been provided.
Card Holder: Eugene Newton
Transaction Date: 11/18/16 (Invoice #1)
Supplier: tati2084 @hotmail.com
Amount: $1,000
Card Holder: Jeremy Hinkle
Transaction Date: 11/29/2016 (Invoice # 2)
Supplier: tati2084 @hotmail.com
Amount: $2,000
Card Holder: James Muia
Transaction Date: 12/19/2016 (Invoice # 3)
Supplier: tati2084 @hotmail.com
Amount: $2,000
Card Holder: Eugene Newton
Transaction Date: 12/19/2016 (Invoice # 4)
Supplier: tati2084 @hotmail.com
Amount: $1,100
Total to date with supplier: tati2084 @hotmail.com (Pristine Irrigation & Lawn Maintenance) is $6,100.
Vianca Peron - Sellan 1/9/2017
Administrative Services Manager
Parks & Recreation
Exhibit 4
Pur'cIrasin4 Card
S UNTRUST VISA
Eugene Newton
1700 Convention Center Dr
Mt3ms Beach FL 33139 -1519
TRANSACTION POSTING DATE SUPPLIER NAME
DATE
MONTHLY ACCOUNT STATEMENT
Account Number XXXX - XXXX -XXXX -3160
Closing Dace
Amount Due
12/15/2015
50.00
Payment Address
SunTrust Bank
P.O. Box 791250
Baltimore, MD 21279-1250
SUPPLIER CITY SUPPLIER STATE AMOUNT
Fund Department Object Code Project Employee Work Order /Mist
11/17 11/18 Pro - Grounds Product Inc
011 0940 000343
3Y3 - y1 Pro's cat 'L ;z I r,v n 00(0 . /Pa& /° -t'ttI
305 - 235 -5101 FL $ 1,038.00
9999999999 043755 99999999999 $ 1,038.00
11/18 11/20 Sq *tati2084 @hotmail.Com Miami Beach FL $ 1,000.00
011 0940 000343 9999999999 043755 99999999999 $ 1,000.00
k-)4.3 I/3 - / SC tUAai . ?! 2 - I rc°_ Yit4 rim i}i3t) . dot eve 12!9Jrk TY I-8 ? G,LJ _
11/21 11/23 The Home Depot #6378 Hialeah FL
011 0940 000343 9999999999 043755 99999999999
3'/ 3 - 341 Lace/ rrt stS - 1 i -L<•I-tr,,,.,. J c,crr.,t.d.e,1
11/21 11/23 The Home Depot #6378 Hialeah ��//
011 0940 000343 9999999999 043755
3 3 - 3 9 i' — F f J t- rh3lii Lu. ( -(AL itctr U tip %umrr us
$ 239.13
$ 239.13
FL $ -34.22
99999999999 $ -34.22
11/23 The Home Depot #6378
011 0940 000343
- •?V3 -39 TC i -�cncc
11/21 11/23 The Home Depot #6378
011 0940 000343
Comments:
Hialeah FL $ -34.18
9999999999 043755 919999999999 $ -34.18
/
Hialeah FL $ 206.88
9999999999 043755 99999999999 $ 206.88
Y3- ,39 Lu.vlYlu5- trt�ti
11
11
1
111
11
Page 1 of 2
111
11
Y
11
11
11
Exhibit 5
Date: 11/18/2015
INVOICE Invoice # 001
PRISTINE IRRIGATION & LAWN MAINTENANCE To: CITY OF MIAMI BEACH
3391 SE 5T" STREET 1700 CONVENTION CENTER DR.
HOMESTEAD, FL 33033 MIAMI BEACH FL 33139
786 -269 -4577 VINCEMUTA @MIAMIBEACHFL.GOV
PRISTINEMAINTENANCEI @GMAIL.COM Customer ID: 003
IlUgq @hGLt'CuL. CO ri\ alp ai
Salesperson i Job
Payment Due Date
Tercets
PRISTINE IRRIGATION & LAWN SERVICE PALM TREE CREDIT 11/18/2016
REMOVAL CARD
Description
SOUNDSCAPE PARK — DEAD PALM TREE
REMOVAL
QTY
1
Unit Line Total
Price .
$250
$250
FLAMINGO PARK — DEAD PALM TREE
REMOVAL
1
$250
$250
1
MARJORIE PARK — DEAD PALM TREE
REMOVAL
2
$250
$500
i
•
04. of -N . .
TOTAL
$1000.00
Thank you for your business!
t _
SUNTRUST
Eugene Newton
1700 Convention Center Dr
Miami Beach FL 33139 -1819
TRANSACTION POSTING DATE SUPPLIER NAME
DATE
?f,egieCOCu II,c, f 17 .
Parc(irising Card
iq //•7 -, o: cna jISA
MONTHLY ACCOUNT STATEMENT
Account Number XXXX - XXXX -XXXX -3160
Closing Date 01/15/2017
Amount Due $ 0.00
Payment Address
SunTrust Bank
P.O. Box 791250
Baltimore, MD 21279 -1250
SUPPLIER CITY SUPPLIER STATE AMOUNT
Fund Department Object Code Project Employee Work Order /Misc
12/19 12/20 Paypal *everglades 402 -935 -7733 CA
011 0940 00034 -3 342. 9999999999 043755 99999999999
4y,2- Li lI ,T,449 . t ,aayci�._.14F.F'j'Sh .. e@le14 .
$ 460.26
$ 460.26
12/19 12/20 Sq *tat12084 @hotmai Miami Beach FL $ 1,100.00
011 0940 000343 9999999999 043755 99999999999 $ 1,100.00
Comments:
319 - Lane /?a, - Dry /9x /..0acc- ,fak- hv�nesnsi . I3etc,E Sly
ai
11
9�
IIE
11
158243160 -3160- 170115
Page 1orI
Date: 12/09/2016
INVOICE Invoice # 004
PRISTINE IRRIGATION & LAWN MAINTENANCE To: CITY OF MIAMI BEACH
3391 SE 5TH STREET 1700 CONVENTION CENTER DR.
HOMESTEAD, FL 33033 MIAMI BEACH FL 33139
786- 269 -4577 VINCEMUTA @MIAMIBEACHFL.GOV
PRISTINEMAINTENANCEI@GMAIL.COM Customer ID: 003
sq It Mt-1).168g e, horytx.
Salesperson Job Payment j DueDate
Terms I
i PRISTINE IRRIGATION & LAWN SERVICE. 1 PALM TREE
1 1REMOVAL
CREDIT ' 12/19/2016
CARD
`i'
Description
QTY
1
UnitPr
ice
$1,100.00
LineTotal
$1,100.00
ELLE ISLE PARK — DWARF FAKAHATCHEE
GRASS AND RAILROAD VINE GROUND COVER
INSTALLATION
TOTAL
$1,100.00
Thank you for your business!
CO
19'61- --P X44' •
3/2-
i
SUNTRUST
James Muia
1700 Convention Center Dr
Miami Beach FL 33139
'urcIiasing Card
o� 0607 r 0..504m VISA
•
MONTHLY ACCOUNT STATEMENT
Account Number XXXX - XXXX -XXXX -6109
TRANSACTION POSTING DATE SUPPLIER NAME
DATE
3
Closing Date 01/15/2017
Amount Due $ 0.00
Payment Address
SunTrust Bank
P.O. Box 791250
Baltimore, MD 21279 -1250
SUPPLIER CITY SUPPLIER STATE AMOUNT
Fund Department Object Code Project
Employee Work Order /Mlsc
12/19 12/21 Ace Hardware - Miami B Miami Beach FL
011 0950 000343 9999999999 053004 9999999999
3y.3 - Li NE Sq?— 5410-64 70064S/441042, i. Lw A Pry
$ 65.79
$ 65.79
12/19 12/20 Paypal *everglades 402- 935 -7733 CA $ 1,800.00
011 0950 000343 312- 9999999999 053004 9999999999 $ 1,800.00
31Z - tine /% - vini & we oa seitid - pm - RA() s ...... . .
12/19 12/20 Paypal *everglades 402- 935 -7733 CA $ 903.39
011 0950 00033 312- 9999999999 053004 9999999999 $ 903.39
312- L4'ne / ?I - 2epL. oPEr. 's & ns ( iudie �rctigcs .
12/19 12/20 Sq *tat12084@hotmai Homestead FL
011 0950 000343 i-)A 9999999999 053004 9999999999
gai. 31/3 - UriiE A - Peanua gram ground atel -,tau
12/20 12/22 Ace Hardware - Miami B Miami Beach FL
011 0950 00034 Y12. 9999999999 053004 9999999999
3 ya - W u I - Too 5 fat. 9-0/A.1T Mt / z.Q.Cc --
Comments:
11
i
Ell
f�
11111111
210626109 -6109 170115
Page 1of1
111
II1I1N
$ 2,000.00
$ E0.00
$ 199.99
$ 199.99
INVOICE
PRISTINE IRRIGATION & LAWN MAINTENANCE
3391 SE 5TH STREET 1700
HOMESTEAD, FL 33033
786- 269 -4577 VINCEMUTA
PRISTINEMAINTENANCEI@ GMAIL.COM
.s M std' 20 8q e.k ri rant
Salesperson I Jab
Date: 12/09/2016
Invoice # 003
To: CITY OF MIAMI BEACH
CONVENTION CENTER DR.
MIAMI BEACH FL 33139
@MIAMIBEACHFL.GOV
Customer ID: 003
Payment Uuepate
Terms
PRISTINE IRRIGATION & LAWN SERVICE 1 PALM TREE
REMOVAL
CREDIT
CARD
12/19/2016
Description J QTY UnitPr
lice
LineTatal
$2,000.00
E'/
SOUNDSCAPE PARK — PEANUT GRASS
GROUND COVER INSTALLATION
1
$2,000.00
./
TOTAL
- $2,000.00
Thank you for your business!
/ iet
109. V-
rchasing Card
SUNTRUST VISA
E oPY
JEREMY HINKLE
1700 Convention Center Dr
hliam4 Beach FL 33139 -1919
TRANSACTION POSTING DATE SUPPLIER NAME
DATE
MONTHLY ACCOUNT STATEMENT
Account Number XXXX- XXXX - XXXX -4462
Closing Date
Amount Due
12/15/2016
$ 0.00
Payment Address
SunTrust Bank
P.O. Box 791250
Baltimore, MO 21279 -1250
SUPPLIER CITY SUPPLIER STATE AMOUNT
Fund Department Object Code Project Employee Work Order /Mist
11/29 11/30 Sq *tati2084 @hotmail.Com Miami Beach FL $ 2,000.00
011 0950 000343 9999999999 049631 9999999999 $ 2,000.00
IPA- 3Y3 -/ P(cn1 claiTuayA scuds &.Q .
11/30 12/01 American Plumbing Miami Beach FL $ 175.10
011 0950 000v331Z 9999999999 049631 9999999999 $ 175.10
31(a - /I - LLtrri viu4 �"7z/z4,j )e c t-0ced s(? ft, . j'.
11/30 11/30 Readyrefresh By Nestle 800 -274 -5282 CA $ 19.99
011 0950 0003.43' -355 9999999999 049631 9999999999 $ 19.99
3 5 .5- y — A.) .5 D %' lw.g2 (d'z v-cf N)
12/09 12/11 Sunpass *acc19082192 888 - 865 -5352 FL $ 10.00
011 0950 000343 9999999999 049631 9999999999 $ 10.00
..?t3 - `f 7 - ct npcvo cisi9 the
Comments:
1I
R
11
1
rz //g /16 .
hill
177914462- 4462 - 161215
Page 1 oi' I
11111
11
i
d
INVOICE
PRISTINE IRRIGATION & LAWN MAINTENANCE
3391 SE 5" STREET
HOMESTEAD, FL 33033
786 - 269 -4577
PRISTINEMAINTENANCEl @GMAIL.COM
rP ? Ail e k tna.e L . 61 aLip bow .
PRISTINE IRRIGATION & LAWN SERVICE
Date: 11/29/2016
Invoice # 002
To: CITY OF MIAMI BEACH
1700 CONVENTION CENTER DR.
MIAMI BEACH FL 33139
VINCEMUTA@MIAMIBEACHFLGOV
Customer ID: 003
Payment DueDate
Terms
PALM TREE CREDIT
REMOVAL CARD
11/29/2016
SOUNDSCAPE PARK — PEANUT GRASS
GROUND COVER INSTALLATION
1
$2,000.00
$2,000.00
kfi
v3 - 1 fict.6L7 d Lit
s s
. -0
TT
j &•c_ in C/ 0 19CaAd
TOTAL
$2,000.00
0) A
4 ,
Thank you for your business!
Human Resource - Attendance Review
CITY OF MIAMI BEACH
10/01/2016 - 02/28/2017 [151 days]
Report Dale: 02/07/2018
Report Time: 4:10:26 PM
15824 [NEWTON, EUGENE]
Count HrsIMin
31 245 hrs 10
4 32 hrs
N
0
CI
CO
M
N
r
V
r
N
V
0
N
Newton, Eugene
401 [Park - Hourly]
Friday
Count HrslMin
6 44 hrs 9
N
L
co
N
3 20 hrs 1
1 8 hrs
1 8 hrs
Thursday
Count Hrs /Min
6 48 hrs 11
1 8 hrs
4 28 hrs 10
f 1 8 hrs
co
(0
to
L
M
`
=
00
Wednesday
0
N
LL
3
U
1 1 8 hrs
1 1 8 hrs
L
co
Tuesday
Count Hrs /Min
6 48 hrs 13
5 40 hrs
0
v:
LL
2 16 hrs
1 1 8 hrs
t0
Ts
0
O
2
Count Hrs /Min
7 56 hrs 28
1 8hrs
3 24 hrs
c0
r
1 8 hrs
.¢
C
3
co
U
N
u.
U
Full Name
Pay Policy
By Category
0 [WKHR]
0
Q
N
Y
U
C7
5 [ADMH]
7 (MAP] _
30 [FSIC1
77 [TERM]
3
J
0
S
O
O
G
<
>
U
>
15824 l
2 [Flsa Eligible]
CO
O
<
.__
y
3
3
3
<
3
U
<
15 j
C
>
r
0
<
Badge Number
Pay Type
Holiday Rule
3
3
3
3
O
1
3
0
<
>
<
>
Z
<
U
0
15824
[ Park Opts Supervisor
LL
g
a
'7
0
co
to
co
O
V
0
<<
C.) <
0
cn
`Q
0
N
K
w
s3
U
i
U.
w
1-
0
CC
w
3
>
K
F
0
<
>
U
t%)
LL
cC
w
~
U
<
>
U
N
LL
October 2016
November 2016
December 2016
January 2017
Employee 10
Job Title]
Shift Number
Totals
Count HrsIMin
31 245 hrs 10
4 32 hrs
20 152 hrs 11
1 8 hrs
L
Co
2 11 hrs 50 l
7 56 hrs
Saturday
Count Hrs /Min
Friday
Count HrslMin
6 44 hrs 9
N
L
co
N
3 20 hrs 1
1 8 hrs
1 8 hrs
Thursday
Count Hrs /Min
6 48 hrs 11
1 8 hrs
4 28 hrs 10
f 1 8 hrs
co
(0
to
L
M
`
=
00
Wednesday
Count Hrs /Min
6 48 hrs 9
5 40 hrs
1 1 8 hrs
1 1 8 hrs
L
co
Tuesday
Count Hrs /Min
6 48 hrs 13
5 40 hrs
2 16 hrs
1 1 8 hrs
t0
Ts
0
O
2
Count Hrs /Min
7 56 hrs 28
1 8hrs
3 24 hrs
c0
r
1 8 hrs
.¢
C
3
co
unt Hrs /Min 1
By Category
0 [WKHR]
O
Q
N
Y
U
C7
5 [ADMH]
7 (MAP] _
30 [FSIC1
77 [TERM]
N
O
Human Resource - Attendance Review
CITY OF MIAMI BEACH
10101/2016 - 02/26/2017 [151 days]
END OF REPORT
Human Resource - Attendance Review
Vince Muia
3410 Coral Way Apt. 807
Coral Gables, FL 33145
January 16, 2017
Dear Jose Del Risco,
I regret to inform you that I will be resigning my position as Parks Superintendent for the City of Miami
Beach. This letter will serve as my two weeks' notice and my last day will be January 27 "', 2017.
Thank you for the opportunity for letting be a part of a-great city.
Sincerely
Vince Muia
/74;€;x'Alit
Exhibit 6
MIAMIBEACH
PARKS AND RECREATION DEPARTMENT
November 3, 2017
RE: NOTES FROM MEETING WITH DOUGLAS TRIPODO REGARDING PERFOMANCE
DEFICIENCIES
• Gave Lucy /Housing wrong dates in reference to opening of North Shore Open Space
Park.
• Provided wrong numbers for Miami Beach High's field renovation.
• Everglades went over their PO amount.
• Told Derrick he was already on site reviewing sod at Lummus Park, when Derrick called
him after we got off the phone.
• Have to follow up on each item, otherwise nothing gets done.
• Asked numerous times for an incident report when he approved $20k+ in work that was
never done.
• Assured me Collins Park would be done.
• Approved sod work at Buoy without notifying anyone.
• Altos Del Mar was not taken care after it was explained to him that direction came from
City Manager.
• Spoke with candidate about a classified position and advised him he had the job without
interviewing him.
• Never turned off irrigation at NSPYC.
• Was not out in field during hurricane. Had no idea where Everglades Superior dump
trucks were.
• Never followed up on Collins Park to ensure job was completed Sunday.
• Laid sod before coquina at North Shore Park and damaged it.
• Moved sand to North Shore Open Space Park and park maintenance yard without
approval from Environmental.
JDR
Exhibit 7
Peron - Sellan, Vianca
From: Sepulveda, Yvonne
Sent: Wednesday, November 29, 2017 8:34 AM
To: Peron - Sellan, Vianca
Cc: Tripodo, Douglas
Subject: Friendly Reminder - Change Orders - Today is last day to submit as per Procurement?
Importance: High
Dear Vianca:
We have two Change Orders Pending:
Hurricane Irma — CLEAN -UP PARKS - Purchase Order 20172131— Everglades — Amount to increase: $ 120k — We
submitted request to you on November 6, 2017.
Hurricane Irma — CLEAN -UP PARKS - Purchase Order 20172151— Superior — Amount to increase: $ 40K — We submitted
request to you November 6, 2017.
Can you please let us know status? We have some Invoices to pay under the above (two) to PO's.
Thanks and Happy Wednesday!
iA RfACH
Yvonne Welcker Sepulveda
PARKS MAINTENANCE DIVISION
PARKS AND RECREATION DEPARTMENT
2100 Meridian Avenue, Miami Beach, FL 33139
Tel: 305.673.7000 ext 2615 1 www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community
1
Exhibit 8
MIAMIBEACH
9
EM REQ # -
LOG # CODE
DEPARTMENT OF EMERGENCY MANAGEMENT
REQUISITION WORKSHEET
Parks and Recreation 02/07/2018
Initiator: Date:
Project Tracking #: F.O.B.: Del. Date:
20172131 Posted on:
Payment Reference (P -card or PO #):
011- 0950- 000325 93,810.00
G/L Account No: AMOUNT: $
Everglades Environmental Care, Inc. 12818
Vendor Name: Vendor #:
P.O. Box 297200 Suite #:
Address:
Pembroke Pines FL 33029
City: State: Zip Code:
Phone:
CATALOG #
UNIT DESCRIPTION
UNIT PRICE
QTY
TOTAL
Invoice 16109
Hurricane Irma Cleanup
0.00
10/5/17, 10/6/17, 10/7/17, 10/11/17,
0.00
10/12/17, 10/13/17, and 10/14/17
57,535.00
1
57,535.00
0.00
0.00
Invoice 16188
Hurricane Irma Cleanup
0.00
10/23/17, 10/24/17, 10 /25/17, 10/26/17,
0.00
10/27/17, 10/30/17, 10/31/17, 11 /1 /17,
0.00
11/2/17 and 11/3/17
36,275.00
1
36,275.00
0.00
0.00
0.00
Shipping
0.00
Tax *
EXEMPT
0.00
Total
93,810.00
JUSTIFICATION
Requesting a Change Order to PO # 20172131 in order to pay pending invoices for additional Hurricane Irma Cleanup services. These services were found
needed as vendor performed approved work throughout various parks. The Parks Superintendent at the time approved the additional work as outlined above.
The invoices remained unpaid since the Parks and Recreation Department was unable to identify funding for the change order. The vendor is informed of the
delay. Parks and Recreation Department has been working with OBPt to identify funding and is now requesting a change order to pay these pending invoices.
SIGNATURES:
ice of the Director / Date
Date: 917
Finance /Logistics Manager / Date
Please attach all back -up documentation, receipts, invoices, etc. Scan and submit hardcopy in the mailbox
located at the Finance Section (ext. 6572) for processing.
* ATTACHMENTS SHOULD NOT HAVE SALES TAX, USE FEDERAL ID #59- 6000372 TAX EXEMPT #85- 8012621639 -9
* Code: AD: Administration; CU: Communications (CWP /PSCU); FI: Finance; HS: Homeland Security/Safety;
LG: Logistics; MR: Mitigation /Recovery; OD: Office of the Director; OP: Operations; PL: Planning
MIAMIBEACH
DEPARTMENT OF EMERGENCY MANAGEMENT
EM REQ #
9
LOG # CODE
REQUISITION WORKSHEET
Parks and Recreation 02/07/2018
Initiator: Date:
Project Tracking #: F.O.B.: Del. Date:
20172151 Posted on:
Payment Reference (P -card or PO #):
011- 0950- 000325 43,168.75
G/L Account No: AMOUNT: $
Superior Landscaping & Lawn Services 16192
Vendor Name: Vendor #:
Suite #:
Address:
P.O. Box 35 -0095
33135
City: Miami State: FL Zip Code:
Phone:
CATALOG #
UNIT DESCRIPTION
UNIT PRICE
QTY
TOTAL
Invoice 50236
Hurricane Irma Cleanup 9/12/17
4,440.00
1
4,440.00
0.00
Invoice 50229
Hurricane Irma Cleanup 9/19/17
4,625.00
1
4,625.00
0.00
Invoice 50296
Hurricane Irma Cleanup
0.00
9/20/17, 9/21/17, 9/22/17, 9/23/17,
0.00
9/24/17, 9/25/17, 9/26/17, 9/27/17,
0.00
9/28/17, 9/29/17, 9/30/17, 10/01/17,
0.00
10/02/17, 10/03/17, 10/04/17, and 10/05/17
34,103.75
1
34,103.75
0.00
0.00
0.00
Shipping
0.00
Tax *
EXEMPT
0.00
Total
43,168.75
JUSTIFICATION
Requesting a Change Order to PO # 20172151 in order to pay pending invoices for additional Hurricane Irma Cleanup services. These services were found
needed as vendor performed approved work throughout various parks. The Parks Superintendent at the time approved the additional work as outlined above.
The invoices remained unpaid since the Parks and Recreation Department was unable to identify funding for the change order. The vendor is informed of the
delay. Parks and Recreation Department has been working with OBPI to identify funding and is now requesting a change order to pay these pending invoices.
SIGNATURES:
Initiator: Ulanc.ci Percx).-Setictr1
ffice of the Director / Date
Date: a� -i� 1$
Finance /Logistics Manager / Date
Please attach all back -up documentation, receipts, invoices, etc. Scan and submit hardcopy in the mailbox
located at the Finance Section (ext. 6572) for processing.
• ATTACHMENTS SHOULD NOT HAVE SALES TAX, USE FEDERAL ID #59- 6000372 TAX EXEMPT #85- 80126216390 -9
* Code: AD: Administration; CU: Communications (CWP /PSCU); FI: Finance; HS: Homeland Security/Safety;
LG: Logistics; MR: Mitigation /Recovery; OD: Office of the Director; OP: Operations; PL: Planning
Rebar, John
From: JoseDelRisco @miamibeachfl.gov
Sent: Monday, November 20, 2017 5:58 PM
To: Rebar, John
Subject: FW: Art Basel
FYI sir.
From: Del Risco, Jose
Sent: Saturday, November 18, 2017 10:05 AM
To: Fulgueira, Javier; Plotkin, Andrew; DaCruz, Carlos; Cummins, Brett; Tripodo, Douglas; Torres, Alexander; Harris,
William
Subject: Art Basel
Good morning gentlemen,
Art Basel is right around the corner. Since this is one of the most important events for the City, we have to
ensure our parks look their absolute best. Particular emphasis has to be placed on Soundscape, Collins,
Lummus, South Pointe, and any site where event activation will take place. If you deem last minute special
projects are needed to get us where we want to be for Basel, send the requests my way by Monday to get the
ball rolling. These are our parks and we will be held 100% responsible for their condition.
Have a nice weekend.
Jose
MIAMIBEACH
Jose del Risco, Assistant Director
DEPARTMENT OF PARKS & RECREATION
1701 Meridian Avenue. Suite 401
Miami Beach. FL 33139
Tel: 305 -673 -7000, Extension 6276
Fax: 786 - 394 -4448
www. miamibeachtl. gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,
tropical, historic community.
1
Exhibit 9
Rebar, John
From: DouglasTripodo @miamibeachfl.gov
Sent: Monday, November 20, 2017 4:35 PM
To: Rebar, John
Subject: Re: Special Event Permit - ART BASEL IN MIAMI BEACH 2017
Attachments: image002.jpg; image004 jpg
Hi John,
I do not, but myself and Jeremy have been working with Dana Thompson to get everything ready leading up to
the event. We are trimming this week and prepping with superior.
Douglas Tripodo
Superintendent of Parks
City of Miami Beach
1701 Meridian Ave Suite 401
Miami Beach Fl 33139
On Nov 20, 2017, at 4:11 PM, Rebar, John <iohnRebar@miamibeachfl.gov> wrote:
Ho Doug not sure if you get these. Basel is one of our "Super Bowls" we need to shine.
Thanks,
John
[Cropped- fox -E- signature- MiamiBeachLogo_Green250pxj
John Rebar, Director
Parks & Recreation Department
1701 Meridian Avenue, Suite 401, Miami Beach, FL 33139
Tel: 305 - 673 -7730 / Fax: 786 -394 -4363/
www.miamibeachtlgov<http://www.miamibeachfl.gov/>
We are committed to providing excellent public service and safety to all who live, work and play
in our vibrant, tropical, historic community.
From: Winick, Graham
Sent: Friday, November 17, 2017 5:31 PM
To: Nodarse, Linette; Alex Perez; Beltran, Monica; Berthier, Melissa; Brito, Maybel; Brooks,
Kathie; Canosa, Vincent; Carballo, Amanda; Cardeno, Hernan; Carpenter, Eric; Casanova,
Cynthia; Claire Thomlin; Clark, Michael; Clements, Rick; CODE_SUPERVISORS; Correa,
Nelida; Couso, Marcel; Curitore, Thomas; Daniels, Tonya; De La Espriella, David; Dike,
Charles; Ferrer, Josiel; Fink, Jay; Fire Special Events; Firtel, Lauren; Fontani, Diana; Frances,
Saul; Fulgueira, Javier; Gil, Tony; Gonzalez, Antonio; Gonzalez, Jose R.; Guerrero, Samir; Hall,
Borinquen; Joy Martin; Linares, Jorge; Lipner, Shari; Lucas, Jennifer; Majstorovic, Milos;
Martinez, Dayanes; Meizoso, Juan; Mejia, Valeria; Melissa Castillo; Mestas, Juan; Milisits,
Mark; Monserrat, Marcia; Morales, Adrian; Mowry, Bruce; Osbourne, Carey; Peacock, Althea;
Plotkin, Andrew; Price, Charlton; Rebar, John; Reddick, Brandi; Richard Kenny; Ripple, John;
1
Ritchey, Alfonso; Rivera, Michael; Rodriguez, Otniel; Rogers, Christine; Rosario, Juan; Saba,
Daphne; Santos, Alicia; Schoenfeld, Mark; Silverstein, Eva; Simon, Doug; Smith, Rouselind;
Sosa, Ariel; Steve Sider (sidernmiamidade.gov); Taxis, Mark; Tear, Charles; Varela, Kenneth;
Vargas, Ellen; Ventura, Alberto; Wells, Margarita; Wheaton, Elizabeth; Wong, Luis; Zamora,
Alberto
Cc: Guerrero, Sarnir
Subject: Special Event Permit - ART BASEL IN MIAMI BEACH 2017
Hello everyone,
Please find attached the Special Event permits for Art Basel in Miami Beach, reflecting the
following activations outside of the MBCC, which begins load in Monday, November 20, 2017.
Collins Park — Art Public
Soundscape — Public Sector/ Video
Botanical Garden
Washington Avenue — entry elements
Convention Center Drive
Should anyone have any questions, please do not hesitate to call Graham Winick at 786 -402-
1115 or Linette Nodarse at 786 -402 -1146.
Thank you,
[Cropped- for -E- signature- MiamiBeachLogo_Green250px]
Graham Winick, Film and Event Production Manager
TOURISM, CULTURE & ECONOMIC DEVELOPMENT
1700 Convention Center Drive, Miami Beach, FL 33139 (mailing address)
1755 Meridian Avenue, 5th FL (physical address)
Tel: 305.673.7577 x6597 I Cell: 786.402.1115
1 www. miamibeachfl. gov <http: / /www.miam.ibeachfl.gov />
Film line: 305.676.7070
Twitter: MiamiBeachNews<http://twitter.com/miamibeachnews>IFacebook: City of Miami
Beach <http:// www .facebook.com /cityofmiamibeach>
YouTube: CityofMiamiBeach< http:// www .youtube.com/cityofiniamibeach> 1 Scribd:
MiamiBeachNews<http://www.scribd.com/MiamiBeachNews>1Flicicr: City of Miami
Beach <http: / /www.flickr.com /photos /cityofiniamibeach>
We are committed to providing excellent public service and safety to all who live, work and play
in our vibrant, tropical, historic community.
2
<1■FOTouG Art Basel in Miami Beach (CP, BG, SP & Washington Ave )_2017 -11- 17_16 -58-
07.pdf>
<image002 jpg>
<image004 jpg>
3
Del Risco, Jose
From: Tripodo, Douglas
Sent Friday, December 08, 2017 8:12 AM
To: Del Risco, Jose
Subject: Re: Collins Park
Attachments: IMG 0964JPG; IMG_0966.JPG; IMG_0967.JPG; IMG 0973.JPG; IMG 0978JPG
Follow Up Flag: Follow up
Flag Status: Flagged
Jose,
I agree there are some spots and we are addressing them this morning. But to use the general tern the park
looks terrible you are just wrong on that. This park is 7 acres and with your opening statement you are implying
the whole park. I will be onsite all day if you would like we can walk it together.
Thanks
Doug
Douglas Tripodo
Superintendent of Parks
City of Miami Beach
1701 Meridian Ave Suite 401
Miami Beach Fl 33139
CeII 786 -570 -3470
On Dec 7, 2017, at 8:54 PM, Del Risco, Jose <JoseDelRisco@miamibeachfl.gov> wrote:
Doug,
The park is in terrible condition for Basel. None of the issues that we discussed during the
walkthrough on Monday morning have been corrected, with the exception of the deep irrigation
hole being filled (improperly). The pictures below are only some of the items, there are too many
to fit in the email. At this point, it's so late in the game, that not much can be corrected. If
anything can be fixed, it has to be tomorrow morning between 3 am and no later than 9. I will
pass by tomorrow again.
Thanks,
Jose
2
MIAMIBEACH
Jose del Risco, Assistant Director
DEPARTMENT OF PARKS & RECREATION
1701 Meridian Avenue, Suite 401
Miami Beach, FL 33139
Tel: 305- 673 -7000, Extension 6276
Fax: 786 - 394 -4448
www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play
in our vibrant, tropical, historic community.
4
Del Risco, Jose
From:
Sent:
To:
Del Risco, Jose
Thursday, December 14, 2017 8:02 PM
Rebar, John
L cL "-2. Er -2frvzct.'► (-'e`.P 47, t1 Vt r. t2 e lam. r2 .
1
MIAMIBEACH
Jose del Risco, Assistant Director
DEPARTMENT OF PARKS & RECREATION
3
1701 Meridian Avenue, Suite 401
Miami Beach, FL 33139
Tel: 305 - 673 -7000, Extension 6276
Fax: 786-394-4448
www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,
tropical, historic community.
4
Del Risco, Jose
From:
Sent:
To:
Del Risco, Jose
Thursday, December 14, 2017 8:03 PM
Reber, John
MIAMIBEACH
Jose del Risco, Assistant Director
DEPARTMENT OF PARKS & RECREATION
1701 Meridian Avenue, Suite 401
Miami Beach, FL 33139
Tel: 305- 673 -7000, Extension 6276
Fax: 786- 394 -4448
www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,
tropical, historic community.
3
Del Risco, Jose
From:
Sent:
To:
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Thursday, December 14, 2017 8:00 PM
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MIAMIBEACH
Jose del Risco, Assistant Director
DEPARTMENT OF PARKS & RECREATION
1701 Meridian Avenue. Suite 401
Miami Beach, FL 33139
Tel: 305 -673 -7000, Extension 6276
Fax: 786 - 394 -4448
www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,
tropical, historic community.
3
Del Risco, Jose
From:
Sent:
To:
Del Risco, Jose
Thursday, December 14, 2017 8:04 PM
Rebar, John
a
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Exhibit 10
2
MIAMIBEACH
Jose del Risco, Assistant Director
DEPARTMENT OF PARKS & RECREATION
3
1701 Meridian Avenue, Suite 401
Miami Beach. FL 33139
Tel: 305- 673 -7000, Extension 6276
Fax: 786-394-4448
www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,
tropical, historic community.
4
Del Risco, Jose
From:
Sent:
To:
Del Risco, Jose
Thursday, December 14, 2017 8:05 PM
Rebar, John
1
MIAMIBEACH
Jose del Risco, Assistant Director
DEPARTMENT OF PARKS & RECREATION
3
1701 Meridian Avenue, Suite 401
Miami Beach, FL 33139
Tel: 305- 673 -7000, Extension 6276
Fax: 786- 394 -4448
www.miamibeachtl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,
tropical, historic community.
4
Rebar, John
From: Rebar, John
Sent: Wednesday, November 01, 2017 8:54 PM
To: Tripodo, Douglas
Subject: Re: More Mulch?
Thanks!
On Nov 1, 2017 7:24 PM, "Tripodo, Douglas" <DouglasTripodo @miamibeachfl.gov> wrote:
John
We will take care of this tomorrow.
Doug
Sent from my iPhone
On Nov 1, 2017, at 8:58 AM, Rebar, John <JohnRebar @miamibeachfl.gov> wrote:
NSPYC Playground. Could we get more mulch?
Thanks,
John
e iimage003.jpg>
John Rebar, Director
P acks & Recreation Department
1701 Meridian Avenue, Suite 401, Miami Beach, FL 33139
Tel: 305- 673 -7730 / Fax: 786-394-4363/ www.miamibeachtl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant tropical, historic community.
<20171030_082831.jpg>
1
Exhibit 11
Reber, John
From: Rebar, John <JohnRebar @miamibeachfl.gov>
Sent: Tuesday, November 21, 2017 12:09 PM
To: Tripodo, Douglas
Subject: RE: Vandalized trees at Altos
Thank you
t' AiAivo BEACH
John Reber, Director
Parks & Recreation Department
1701 Meridian Avenue, Suite 401, Miami Beach, FL 33139
Tel: 305 - 673 -7730 / Fax: 786 - 394 -4363/ www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who five, work and play in our vibrant. tropical, historic community.
From: Tripodo, Douglas
Sent: Tuesday, November 21, 2017 12:04 PM
To: Rebar, John
Subject: FW: Vandalized trees at Altos
FYI
Ric is working up there this afternoon on this.
Doug
MIAM
BEACH
DOUGLAS TRIPODO
SUPERINTENDENT OF PARKS
PARKS AND RECREATION DEPARTMENT
1701 Meridian Avenue Suite 401
Miami Beach, FL 33139
Cell: 786 - 570 -3470
Tei: 305.673.7000 ext 2615 j www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community.
From: Hinkle, Jeremy
Sent: Tuesday, November 21, 2017 10:03 AM
To: Tripodo, Douglas
Subject: Vandalized trees at Altos
Doug,
Here are pies of the trees that were unnecessarily cut up at Altos.
1.
Exhibit 12
Sent from my iPhone
Jeremy Hinkle, Parks Operations Supervisor
ISA- FL5611A, FNGLA- H346418, FLORIDA 0/T- PB9697
PARKS MAINTENANCE DIVISION
PARKS AND RECREATION DEPARTMENT
1701 Meridian Ave ,suite 401 Miami Beach, FL 33139
Tel: 305.673.7000 ext 2601/ Cell: 786-412-1742/1 www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,
tropical, historic community.
4
Rebar, John
From: DouglasTripodo @miamibeachfl.gov
Sent: Monday, November 27, 2017 9:29 AM
To: Rebar, John
Subject: RE: Altos Del Mar Park
Thanks, I am glad you sent me this so I have an idea of what's coming. Mike's map apparently is an old one that why its
shows up as greenspace area. I will confirm with you later when it is done.
„4 ! B EAc
H
DOUGLAS TRIPODO
SUPERINTENDENT OF PARKS
PARKS AND RECREATION DEPARTMENT
1701 Meridian Avenue Suite 401
Miami Beach, FL 33139
Cell: 786 - 570 -3470
Tel: 305.673.7000 ext 2615 I www.miamibeachfl.nov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community.
From Rebar, John
Sent: Monday, November 27, 2017 9:22 AM
To: Tripodo, Douglas
Subject: RE: Altos Del Mar Park
This may have been tweaked since going to HPB but this gives you an idea of the park area. This is a big file, you may
want to save it and remove from email so it doesn't fill up you inbox.
Thanks,
John
^AiAA!!1 P AC
John Rebar, Director
Parks & Recreation Department
1701 Meridian Avenue, Suite 401, Miami Beach, FL 33139
Tel: 305- 673 -7730 / Fax: 786-394-4363/ www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community
From: Tripodo, Douglas
Sent: Monday, November 27, 2017 8:26 AM
To: Rebar, John
Subject: RE: Altos Del Mar Park
Mike Atkins who returned from vacation today informed they are in the greenspace swail area. He told me he will have a
crew remove them this afternoon and continue with removal tomorrow. So I will follow up with him later and send you
a progress. I have to say I am awaiting many answers from Omar and it is becoming problematic.
1
DOUGLAS TRIPODO
SUPERINTENDENT OF PARKS
PARKS AND RECREATION DEPARTMENT
1701 Meridian Avenue Suite 401
Miami Beach, FL 33139
Cell: 786 - 570 -3470
Tel: 305.673.7000 ext 2615i vwwv.miamibeachfl.aov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community.
From Rebar, John
Sent: Monday, November 27, 2017 8:21 AM
To: Tripodo, Douglas
Cc: Del Risco, Jose
Subject: Re: Altos Del Mar Park
Hi Doug. If I give the green light could you address today?
On Nov 27, 2017 6:58 AM, "Tripodo, Douglas" < DouglasTripodo @miamibeachfl.gov> wrote:
He did the ones in the front the sea grapes they are talking about are way in the back by the dunes I reached out
to Omar last week who has been unresponsive for removal sign off as they are dry and should not be stood back
Douglas Tripodo
Superintendent of Parks
City of Miami Beach
1701 Meridian Ave Suite 401
Miami Beach Fl 33139
On Nov 26, 2017, at 9:33 PM, Del Risco, Jose <JoseDelRiscol7miamibeachfl.gov> wrote:
Hi Doug, Rick didn't take care of them? If not, let's get them out tomorrow. Thanks
MIAMIBEACH
Jose del Risco, Assistant Director
DEPARTMENT OF PARKS & RECREATION
1701 Meridian Avenue, Suite 401
Miami Beach, FL 33139
Tel: 305- 673 -7000, Extension 6276
Fax: 786 - 394 -4448
www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play
in our vibrant, tropical, historic community.
Begin forwarded message:
From: "Rebar, John" <JohnRebar @miamibeachtl.gov>
Date: November 26, 2017 at 4:10:19 PM EST
To: "Del Risco, Jose" < JoseDelRisco@miamibeachfl.gov>
Subject: Fwd: Altos Del Mar Park
2
Forwarded message
From: "Morales, Jimmy" <JimmyMorales @miamibeachfl.gov>
Date: Nov 26, 2017 3:19 PM
Subject: Altos Del. Mar Park
To: "Rebar, John" <JohnRebar@miamibeachfl.gov >, "Casanova, Cynthia"
< CynthiaCasanova @miamibeachfl.gov >, "Knowles, Rodney"
< rodneyknowles @miamibeachfl.gov >, "Martinez, David - CIP"
<DavidMartinez @niamibeachfl. gov>
Cc: "Monserrat, Marcia" < MarciaMonserrat @,miamibeachfl.gov>
The downed sea grape trees need to be removed or stood up. I saw at least 3. They
are creating hidden havens for the homeless and crooks. Let's get on this.
Thanks.
Jimmy
Sent from my iPhone
3
Del Risco, Jose
From: Tripodo, Douglas
Sent: Friday, December 01, 2017 6:48 PM
To: Del Risco, Jose
Subject: Re: Emergency Services Clause
No problem and thank you for your support on the Reorg. I think we can make this work with the proper thought with
Personel. We are meeting on Monday to talk about the staff and I will send you over the final on our end for your
comments and approval.
Thanks
Doug
Douglas Tripodo
Superintendent of Parks
City of Miami Beach
1701 Meridian Ave Suite 401
Miami Beach FI 33139
Cell 786 - 570 -3470
On Dec 1, 2017, at 6:45 PM, Del Risco, Jose <JoseDelRisco@miamibeachf.gov> wrote:
Thanks sir
From: Tripodo, Douglas
Sent: Friday, December 01, 2017 6 :41 PM
To: Del Risco, Jose
Subject: Re: Emergency Services Clause
Great
I will call them on Monday and let them know we are both on the same page. From their if I feel they are
not responsive then I think you will have to step in.
I will brief you after the call
Douglas Tripodo
Superintendent of Parks
City of Miami Beach
1701 Meridian Ave Suite 401
Miami Beach FI 33139
Cell 786 - 570 -3470
On Dec 1, 2017, at 6:33 PM, Del Risco, Jose <JoseDelRisco @miamibeachfl.gov> wrote:
Share your proposed language with Superior and Everglades and explain we plan on
renewing for one more year. Let me know if you want me present; otherwise, let me
know the outcome. We need to get the renewal going.
1
Exhibit 13
Meeting, January 10, 2013 between Ida Smart and
On January 10, 2013 a meeting was held at 21g Recreation Center at 11:00 AM.
Attendees included . s, Ida Smart, Julio Magrisso, Ellen Vargas, and AFSME
Union Stewards: John Thompson, Perm Terry, and Evette Phillips.
The purpose of the meeting was to discuss the incident(s) that occurred between
and Ida Smart while at work at the Scott Rakow Youth Center. Each party was
given an opportunity to present their side of the story on what occurred on that day,
and show us any documentation they felt we should be aware of.
After hearing both sides, both management and the union agreed the actions and
inappropriate comments that occurred between Ida Smart and was a
result of a their former friendship and was not work related, although everyone
acknowledged it happened at work.
Management has chosen not to discipline either employee, and the Union has agreed
with this determination. Everyone agreed these statements will be placed in their
employee files with the understanding that any future incidents would result in
employee discipline.
Both and Ida Smart agreed with our determination and future actions.
hOlkj Vcr2
Exhibit 14
Statement by ,... ...... _..s 1/10/2013
This statement was read at the meeting 1/10/2013. In attendance was myself, Ellen Vargas,
Julio Magrisso, Ida Smart, Yvette Phillips, John Thomas, and Perm.
I want to say thank you to everyone for finally meeting to resolve this issue with Ida and myself.
It has been about 5 months now and several attempts to resolve.
I did not think this situation could have happened at such an inopportune time, our facility,
community and country has been experiencing so many other sad and heartfelt tragedies. That
hopefully we can focus on those that need our help and attention but I do understand that this
situation which is very personal to Ida and I both carries its own weight.
I sincerely apologized to Ida and Ms. Vargas after the event took place and again I apologize
because Ms. Vargas you are a great supervisor and fair to all you supervise. Ida you hurt me,
used me, and cared only about yourself which I never felt that way until all this happen. And I
apologize to you for disrespecting you, since I thought you were my friend, but you made it
clear to me that "You were never my mother - fucking friend!" during our dispute. Ida, me never
your friend, WOW!!! Since you started working here we have gone and done so many things
that I felt made me believe we were friends: shopping, grocery store, laundry mat, family
events, lunch, parties, clubs, we shared very personal stories and information, joking each other
and helping each other during difficult personal struggles, and I'm not your friend ? ?? That
hurt...
To AFSCME: I feel so.betrayed as a member not to have you come to me and hear my side of
what happened on the day in question. You treated me only as a supervisor who you think did
something wrong to an employee and should be dealt with, not as a fellow AFSME member.
On the day in question, I was at the control desk helping a customer, Ida walked passed and
shared with me that the patio area was a mess. I told her to look at the lunch schedule to see
what group was last in the area and have them clean the area up. Ida went out to the patio and
approached Coach Vivian and they apparently exchanged words about cleaning the area. Ida
came back to me at the control desk very upset that Coach Vivian had got upset first about the
patio area being dirty. I told Ida that you shouldn't be mad or expect Coach Vivian to clean up if
she didn't make the mess. Ida began disrespectfully waving her hands at me as she walked
away saying that "I should have known that you wouldn't understand me and take her side." I
said to Ida "girl you need Jesus." Ida proceeded to enter the elevator and yelled back at me
"your momma needs Jesus" as the elevator doors closed. I said excuse me to the customer and
I then walked up stairs to speak to Ida. As I entered the game room two kids were entering the
media room with their group. I walked towards the end of the game room (not in ear view of
the children) and approached Ida who was opening the storage room closet. I told her "bitch
don't say shit else to me again." She said to me "what did you say ?" I said "bitch don't say shit
else to me." She said "oh come on" and went to tell Ms. Vargas. I didn't follow her I went back
down stairs and continued to help the customer. Shortly after, Ms. Vargas called me up to her
office. Ellen called for Darlene to come to her office, and attend the meeting with Ida and me.
Ellen then listened to both sides of the story and counseled us both. Darlene had commented
on how we had to communicate with each other better.
At that time I thought it was over but then the gossip started and now we are here.
In response to Ida's claim that I called her a whore and continually call her names and
disrespected her as her supervisor. This is my side of the story:
Ida and continually have gone to lunch and we joke and tease each other. On another day I said
something inappropriate was when Yolanda, Ida and I were about to go to lunch together. I was
called up to the office for something and not even two minutes later realized that they had
gone to lunch without me. I called them on the phone and asked where they were? She
replied laughing we left, I replied "ya'll hoes left me" and that was it. It was said in a friendly
way that's all. Several weeks past and I realized that Ida was being different to me. I asked her
what was up she said that she was fine. Several staff approached me asking what I had done to
her. l had no idea that it was because of the hoe situation because so much time had passed. I
asked Yolanda why Ida was acting funny to me she expressed that it was because of that hoe
situation and I then went to her along with Darlene and we talked about it. We hashed it out,
we both apologized and 1 thought it was over.
Also, I never threaten, yelled, and or rushed her, like she said. She continually bullies staff. We
both have said things to each other jokingly or inappropriately as friends but never work
related.
/
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Rick Scott
rna
Stale of 31orida
Florida Commission on Human Relations
an equal Opportunity employer • 2 fJirmaliue ✓lion Employer
FCHR No. 201700326
EEOC No. 15D201700241
Ms. Ida M. Smart
1205 N.W. 103rd Street
Miami, FL 33147
4075 Esplanade Way • Room 110. Tallahassee, Florida 32399 -7020 Rebecca w Steele
(850) 48&7082 / FAX: (850) 487 -1007 mat.
httoJffchr cra +p a ,l Michelle
United in One Goof: Equal Wilson
4 Opportunity and Mutual Respect Eutaw rilircck.
COMPLAINANT
City of Miami Beach
c/o Ms. Lana Remand RESPONDENT
Hernandez, Labor Relations Specialist
1700 Convention Drive
3rd Floor
Miami Reach, FL 33139
NOTICE OF DETERMINATION. NO REASONABLE CAUSE
The Florida Commission on Human Relations has determined that there is no reasonable cause to believe that an
unlawful practice occurred. A copy of the determination is attached.
Complainant may request an administrative bearing with the Division of Administrative Hearings by filing a Petition
for Relief within 35 days of the date the determination was signed by the Executive Director. A blank Petition for
Relief form is enclosed with Complainant's notice. It may be beneficial for Complainant to seek assistance from
legal counsel prior to filing the petition.
This determination of no reasonable cause will become final if Complainant does not file a Petition for Relief within
35 days, and the Commission will dismiss the complaint.
The parties named in the determination may inspect the records and documents, in the custody of the Commission,
which pertain to the determination. Please contact the Commission's Customer Service Office if you wish to
request copies.
1 HEREBY CERTIFY that a copy of the foregoing Notice of Determination was mailed to the above -named
addressees this dar •f # yl .fit , 20_IL pp ml ,, by U.S. Mail.
Clerk of the Conunission
COMMISSIONERS
Derirk r. D•nicl DDcana Elam
Tallahassee Mario Gans Dianne Goldenberg Tony Jenkins, Vice Chair
Pon Richey Tampa Lake Worrh
take Mary
Latanya Peterson Jay Piebard Gilbert Singer
Fleming Island Tallahassee B Rena Steele, Chair Sandra Turner
Tampa Jacksonville Oviedo
Exhibit 15
Rick Scott
ema
State of jl ori>da
Florida Commission on Human Relations
an Equal Ors"" fun employer • ./ f imraiiur ...Rdias Employer
4075 Esplanade Way • Room 110 • Tallahassee, Florida 32399 -7020
(850) 488 -7082 / FAX: (850) 487 -1007
ht te:l/fchr.state.n.us
United In One Goal: Equal Opportunity, and Mutual Respect
FCHR No. 201700326
EEOC No. 15D201700241
Ms. Ida M. Smart
1205 N.W. 103rd Street
Miami, FL 33147
City of Miami Beach
do Ms. Lana Hernandez, Labor eons Specialist
1700 Convention Drive
3rd Floor
Miami Beach, FL 33139
COMPLAINANT
RESPONDENT
r,
Rebecca Steele
Qmir
Michelle
Wilson
Eze i a Turda-
.a=
N
rJ
r-
DETERMINATION. NO REASONABLE CAUSE
t filed a complaint of discrimination alleging that Respondent violated the Florida Civil Rights
1992. The Florida Commission on Human Relations has completed its investigation of this matter. Act of
subjected t worked for Respondent, a city agency, as a Municipal Service Worker ill. She alleged that she was
disparate treatment based on her race and sex. Complainant fails to rove a
Complainant claimed that she was not given opportunities to work overtime, while employees p� fade case.
class worked overtime on a reegular basis n outside her protecten
twelve occasions while an Respondent's records indicate that Complainant worked overtime on
twelve on employes outside her protected class worked overtime on only two occasions.
Complainant admitted that she turned down opportunities to work overtime due to personal reasons.
Therefore, Complainant failed to provide evidence of similarly situated comparators outside her protected class who
were treated more favorably or any other evidence of discrimination. Also, Complainant alleged that Respondent
retaliated against her for filing a complaint with the EEOC. Complainant fails to prove a prima facie case because
the evidence did not show that she suffered an adverse action.
On the basis of the report from the Commission's Office of Employment Investigations and recommendation from
the Commission's Office of General Counsel, pursuant to the authority delegated to me as Executive Director of the
Florida Commission on Human Relations, I have determined that no reasonable cause exists to believe that an
unlawful practice occurred.
Michell
Executive Director
Dertek Qaatd Dr. Doane Elam
Tallahassee Port Richey
Lataoya Peterson Jay Pickard
Fleming island Tallahassee
Dated:
COMMISSIONERS
Mario Garza
Tampa
Gilbert Singer
Tampa
Dianne Gokteabere
Lake Worth
Rebecca Steele, Chair
Jacksonville
Tony Jenkins, Vice Chair
Lake Mary
Sandra Turner
Oviedo
°CITY OF MIAMI BEACH, FLORIDA
HUMAN RESOURCES DEPARTMENT
FINAL ACTION TO TERMINATE
TO: LEE HOLMES
Page 1 of 6
DATE: SEPTEMBER 11, 2014
Pursuant to the notice of intent to terminate issued by the City of Miami Beach and served upon you
on August 19, 2014, attached hereto and incorporated herein as "Attachment 1," a pre - determination
hearing was held on August 27, 2014. It has thus been determined that you will be removed from
your position, as provided below.
Suspension [ ] Name: Lee Holmes, #15930
Reduction in Pay [ ] Address: 9221 N.W. 17 Avenue
Miami, FL 33147
Reduction in Class [ ] Classification: Municipal Service Worker II
Removal [X] Status: Regular
DISCIPLINARY ACTION:
Pursuant to and in violation of the charges listed below, you are hereby terminated from your position with the
City of Miami Beach. In accordance with Personnel Rule X, Section 2(a), any Appointing Officer may remove
an employee in the Classified Service at any time for any cause which will promote the efficiency of the
service.
CHARGES:
CHARGE I, CITY OF MIAMI BEACH WORK RULES, "ATTENDANCE ": Excessive absenteeism- ten (10)
incidents or ten (10) days in a twelve (12) month period.
CHARGE II, PERSONNEL RULE X, SECTION 2(b)15: Has been excessively absent.
CHARGE III, PERSONNEL RULE X, SECTION 2(b)17: That he /she is antagonistic in his /her attitude
toward his /her superiors or fellow employees, criticizing orders or rules issued and policies adopted
by his /her superiors, or so conducts him /herself as to interfere with the proper coordination of the
employees of the city to the detriment of efficient public service.
CHARGE IV, PERSONNEL RULE X, SECTION 2(b)21: Has been guilty of gross negligence or gross
inefficiency in the performance or his/her duties, where such negligence or inefficiency has or might
result in loss or injury to the city, the public, or to persons or property affected thereby.
CHARGE V, Prevention of Workplace Violence Policy: To promote and maintain a safe work
environment for employees free from aggression, threats and violence, effectively manage critical
workplace incidents dealing with actual or potential violence, and provide a coordinated and rapid
response to such incidents.... The city prohibits any comments or behavior that could be
perceived by a reasonable person as threatening or indicating possible violence. This may
include but is not limited to verbal threats or gestures, abusive language, harassment, intimidation
and physical altercation (e.g., shoving or fist fighting).... Violence, or the threat of violence, by or
against any city employee or other person is unacceptable and contrary to city policy, and will
subject the perpetrator to disciplinary action, up to and including dismissal and possible criminal
charges.
Distribution: Original: -Human Resources Department
Copies: - Employee - Department
Exhibit 16
`CITY OF MIAMI BEACH, FLORIDA
HUMAN RESOURCES DEPARTMENT
FINAL ACTION TO TERMINATE
TO: LEE HOLMES
SPECIFICATIONS:
Page 2 of 6
DATE: SEPTEMBER 11, 2014
You are employed by the City of Miami Beach Parks and Recreation Department, Greenspace
Management Division, as a Municipal Service Worker II. Under general supervision, your position
requires you to operate maintenance equipment or drive a truck, perform advanced manual labor
duties of a skilled and semi - skilled nature (Exhibit 1). As a city employee, you are required to comply
with all city policies. A review of your personnel records reflects that on January 5, 2002, you
received and signed for the City of Miami Beach policies, including but not limited to the work rules,
attendance policy, city vehicles and equipment policy, and prevention of workplace violence policy.
(Exhibit 2)
A review of your personnel records reflects poor work habits. Your lack of commitment toward your
job has negatively impacted the overall operation of your work unit. In a twelve month period, from
May 5, 2013 to May 5, 2014, you have accumulated twenty -five (25) incidents, thirty -four (34) days
of non - approved leave and sick leave.
The twenty -five (25) incidents are as follows: June 14, 2013; June 27 & 28, 2013; July 1 & 2, 2013;
July 12, 2013; August 1 & 2, 2013; August 14 & 15, 2013; September 5, 6 & 9, 2013; September
17, 2013; September 20, 2013; September 25, 2013(November 19, 2013; December 2, 2013;
December 24, 2013; December 27, 2013; December 31, 2013; January 24, 2014; February 6 & 7,
2014; February 18 & 19, 2014; February 25, 2014; February 27 & 28, 2014; March 10, 2014; March
24, 2014; March 26, 2014; April 10, 2014; and April 18, 2014. (Exhibit 3)
On October 28, 2013, you were issued a two (2) day suspension (16 hours) for excessive
absenteeism for the following incidents: January 3 & 7, 2013; January 25 & 28, 2013; February 27
& 28, 2013; March 8, 2013; March 26 & 27, 2013; June 14, 2013; June 27, 2013 - July 1 & 2, 2013;
July 12, 2013; August 1 & 2, 2013; August 14, 2013; September 5 & 9, 2013; and September 17,
2013. At that time, you were advised that your next absence would result in your termination.
(Exhibit 4)
On September 13, 2013, you received a supervisory review & counseling for failure to clock out.
(Exhibit 5)
On September 12, 2013, you were issued a written warning for excessive absenteeism for the
following incidents: January 3, 4, & 7, 2013; January 25 & 28, 2013; February 27 & 28, 2013;
March 8, 2013; March 26 & 27, 2013; June 14, 2013; June 27 & 28, 2013, July 1 & 2, 2013; July
12, 2013; and August 1 & 2, 2013. This written warning placed you on notice that your next incident would
result in a three (3) day suspension. (Exhibit 6)
On August 15, 2013, you were issued a verbal warning for excessive absenteeism for the following
incidents: January 3, 4, & 7, 2013; January 25 & 28, 2013; February 27 & 28, 2013; March 8, 2013;
March 26 & 27, 2013; June 14, 2013; June 27 & 28, 2013; and July 1 & 2, 2013. This verbal
warning placed you on notice that your next incident would result in a written warning. (Exhibit 7)
On July 10, 2013, you were issued a written warning for excessive absenteeism for the following
incidents: August 1 & 2, 2012; August 6 & 7, 2012; August 16, 2012; August 20, 2012; January 3,
4, & 7, 2013; January 25 & 28, 2013; February 27 & 28, 2013; March 8, 2013; March 26 & 27,
2013; June 14, 2013; June 27 & 28, 2013; and July 1, 2013. This written warning placed you on notice
that your next incident would result in a three (3) day suspension. (Exhibit 8)
Distribution: Original: -Human Resources Department
Copies: - Employee - Department
CITY OF MIAMI BEACH, FLORIDA
HUMAN RESOURCES DEPARTMENT
FINAL ACTION TO TERMINATE
TO: LEE HOLMES
Page 3 of 6
DATE: SEPTEMBER 11, 2014
On June 19, 2013, you were issued a verbal warning for excessive absenteeism for the following
incidents: August 1 & 2, 2012; August 6 & 7, 2012; August 16, 2012; August 20, 2012; January 3,
4, & 7, 2013; January 25 & 28, 2013; February 27 & 28, 2013; March 8, 2013; and March 26 & 27,
2013. This verbal warning placed you on notice that your next incident would result in a written warning.
(Exhibit 9)
Despite the aforementioned warnings issued to you on June 19, 2013, July 10, 2013, August 15,
2013 and September 12, 2013, you continued to be absent, knowingly violating the personnel rules,
and attendance policy. During all of the instances you were provided with a copy of these rules and
policies. They were also reviewed and discussed with you.
In addition to your unacceptable pattern of absenteeism, you have also demonstrated a serious lack
of judgment. On Monday, May 5, 2014, you were driving southeast in the 1400 block of Lummus
Park. At the same time, civilian Loida Diaz was lying down on the park's grass approximately 10 -20
feet from the travel path of the vehicle you were driving. As you drove, you carelessly struck Ms.
Diaz in the abdomen area with the right front tire. Although you immediately reversed the vehicle off
the pedestrian and stayed on the scene to report the accident to a Miami Beach Police Officer, Ms.
Diaz sustained life- threatening internal injuries and was transported to Jackson Memorial Hospital.
(Exhibit 10)
Additionally, your unwillingness to support a safe work environment free from aggression and
threats was clearly demonstrated on Tuesday, May 6, 2014, shortly after 7:30 AM, when you
reported to work at the Greenspace Management Division, located at 2100 Meridian Avenue.
Witnesses' statements indicate that at around 8:00 AM, you were standing by the island table of the
Operations Office filling out an incident report for the aforementioned accident. At that time, Parks
Superintendent Domingo Macias walked in through the office door, he was very happy and smiling
while recalling a song that he was listening in his vehicle. Mr. Macias reported that you appeared
to be extremely agitated and began yelling at him across the office.
You confronted him in an aggressive manner and asked him: "What are you looking at? What are
you laughing at? What do you think is funny ?" As you repeated, "What do you think is funny ?" you
walked toward Mr. Macias' direction in an attempt to attack him. You stopped within six (6) inches
from his face. Superintendent Macias stated that you were agitated and loud. Mr. Macias felt
threatened, so he stepped back and almost lost his balance. Mr. Macias proceeded to put his hands
up in front of him to keep you from pushing him over with your chest. Subsequently, you leaned
forward again and you walked into his hands that he had up. You immediately screamed out "Oh,
you're in for it now! You touched me first! "....The commotion continued to the point that three (3) Park
Operations Supervisors came out of their offices, Lavoris Brown, Eugene Newton, and Jeremy
Hinkle. Supervisor Brown got in between you and Superintendent Macias to avoid you from
physically assaulting Superintendent Macias. Supervisor Hinkle repeatedly asked Heavy Equipment
Operator II Richard Martinez to take you outside. Furthermore, Supervisor Brown asked Park
Supervisor Albert Knight to take you to the office in the other building to avoid a physical attack.
Despite the efforts from the different witnesses to keep you away, you continued coming in and out of
the area where the incident took place. (Exhibit 11)
Distribution: Original: -Human Resources Department
Copies: •Employee - Department
CITY OF MIAMI BEACH, FLORIDA
HUMAN RESOURCES DEPARTMENT
FINAL ACTION TO TERMINATE
TO: LEE HOLMES
CONCLUSION:
Page 4 of 6
DATE: SEPTEMBER 11, 2014
Be advised that your termination was warranted on the sixteenth (16) incident of absence, as per
the personnel rules, work rules, and the attendance policy. Throughout your career with the City of
Miami Beach, you have been given numerous opportunities to correct your poor attendance habits.
Notwithstanding previous warnings and progressive discipline, you have continued to be absent
and have failed to achieve and sustain an acceptable level of attendance. A thorough review of
your personnel records revealed that from May 5, 2013, to May 5, 2014, you accumulated a total of
twenty -five (25) separate incidents away from your regular duties, a total of thirty -four (34) days. It
is the policy of the City of Miami Beach to provide and promote a productive work environment. The
city requires its employees to report to work as scheduled to provide public services as expected.
Productivity is jeopardized when you do not report to work. Attendance is imperative of your
performance, since when you are absent, your co- workers have to carry the burden of performing
extra duties.
In your position as a public servant, you are required to comply with all city personnel rules and
policies; especially when you are operating a city vehicle. You are further responsible to adhere to
the city's mission to provide excellent public service and safety to all those who live, work and play
in the city. On May 5, 2014, you failed to operate your assigned truck in a safe manner and struck
a woman while lying down on the grass.
Your careless actions resulted in life threatening injuries to the woman and she was taken to the
hospital for treatment. This incident is the ultimate reflection of inefficiency and carelessness in the
performance of your duties, placing the city in a liable position.
On May 6, 2014, you compromised the city's commitment to promote and maintain a safe work
environment for employees free of aggression, threats and violence. You engaged in an
antagonistic behavior when you confronted Parks Superintendent Macias in a loud and threatening
manner. It took the intervention of several staff members to deescalate the verbal altercation thus
avoiding a physical altercation. This type of behavior is unacceptable and will not be tolerated in
the workplace.
Your blatant disregard of the attendance policy combined with your carelessness and disregard for
basic safety measures when operating a work vehicle, and your aggressive behavior in the
workplace, not only compromises the city's delivery of services to the public, but also interferes with
the city's ability to provide a safe work environment for those around you. Your actions merit your
termination from your employment with the city.
PRIOR DISCIPLINE: (Exhibit 12)
A review of your personnel records revealed a total of 48 separate administrative actions, including
three (3) disciplinary suspensions. This is a clear reflection of your lack of commitment and
responsibility toward your job. To wit:
10/28/13: Three -day suspension for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
09/13/13: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)4.
Violation of Reasonable Regulation
Distribution: Original: -Human Resources Department
Copies: - Employee - Department
'CITY OF MIAMI BEACH, FLORIDA
HUMAN RESOURCES DEPARTMENT
FINAL ACTION TO TERMINATE
T0: LEE HOLMES
Page 5 of 6
DATE: SEPTEMBER 11, 2014
09/12/13: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
08/15/13: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
07/10/13: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
06/19/13: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
04/12/13: Verbal Warning for violation of Personnel Rule X, Section 2(b)4, Violation of
Reasonable Regulation
04/04/13: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
03/25/13: Verbal Warning for violation of Personnel Rule X, Section 2(b)21, Gross
Negligence
Section 2(b)4, Violation of Reasonable Regulation
01/30/13: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
04/06/12: Three -day Suspension for violation of Personnel Rule X, Section 2(b)15,
Excessive Absences
12/21/11: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
12/14/11: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
12/01/11: Supervisory Review & Counseling for violation of Personnel Rule X, Section
2(b)15, Excessive Absences
10/26/11: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
10/03/11: Supervisory Review & Counseling for violation of Personnel Rule X, Section
2(b)15, Excessive Absences
09/07/11: Verbal Waming for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
08/19/11: Supervisory Review & Counseling for violation of Personnel Rule X, Section
2(b)15, Excessive Absences
06/27/11: Supervisory Review & Counseling for violation of Personnel Rule X, Section
2(b)15, Excessive Absences
12/07/10: Verbal Warning for violation of Personnel Rule X, Section 2(b)4, Violation of
Reasonable Regulation
10/12/10: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
09/08/10: Supervisory Review & Counseling for violation of Personnel Rule X, Section
2(b)15, Excessive Absences
02/18/10: Written Waming for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
12/02/09: Supervisory Review & Counseling for violation of Personnel Rule X, Section
2(b)15, Excessive Absences
08/10/09: Written Warning for violation of Personnel Rule X, Section 2(b)4, Violation of
Reasonable Regulation
07/20/09: Verbal Waming for violation of Personnel Rule X, Section 2(b)4, Violation of
Reasonable Regulation
Distribution: Original: -Human Resources Department
Copies: - Employee - Department
CITY OF MIAMI BEACH, FLORIDA Page6of6
HUMAN RESOURCES DEPARTMENT
FINAL ACTION TO TERMINATE
TO: LEE HOLMES
DATE: SEPTEMBER 11, 2014
06/18/09: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)4,
Violation of Reasonable Regulation
05/29/09: Verbal Warning for violation of Personnel Rule X, Section 2(b)4, Violation of
Reasonable Regulation
05/22/09: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)4,
Violation of Reasonable Regulation
04/30/09: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)4,
Violation of Reasonable Regulation
03/09/09: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
11/24/08: Verbal Waming for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
09/17/08: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
09/02/08: Supervisory Review & Counseling for violation of Personnel Rule, Section 2(b)4,
Violation of Reasonable Regulation
08/06/08: Supervisory Review & Counseling for violation of Personnel Rule X, Section
2(b)15, Excessive Absences
04/17/08: Written Warning for violation of Personnel Rule X, Section 2(b)4, Violation of
Reasonable Regulation
09/21/07: Three -day Suspension for violation of Personnel Rule X, Section 2(b)15,
Excessive Absences
07/13/07: Written Warning for violation of Personnel Rule, Section 2(b)15, Excessive
Absences
03/15/07: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
09/21/04: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
05/15/03: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
03/17/03: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
10/03/00: Written Waming for violation of AWOL policy
12/17/99: Written Waming for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
12/01/99: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
08/25/98: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
05/07/98: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
12/31 /97: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
THEREFORE, BASED ON THE ABOVE CHARGES AND SPECIFICATIONS, YOU ARE HEREBY
REMOVED FROM YOUR POSITION WITH THE CITY OF MIAMI BEACH.
Employee's signature: Date:
Lee Holmes, MSW II
Distribution: Original: -Human Resources Department
Copies: - Employee - Department
CITY OF MIAMI BEACH, FLORIDA Page6of6
HUMAN RESOURCES DEPARTMENT
FINAL ACTION TO TERMINATE
TO: LEE HOLMES
DATE: SEPTEMBER 11, 2014
06/18/09: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)4,
Violation of Reasonable Regulation
05/29/09: Verbal Warning for violation of Personnel Rule X, Section 2(b)4, Violation of
Reasonable Regulation
05/22/09: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)4,
Violation of Reasonable Regulation
04/30/09: Supervisory Review & Counseling for violation of Personnel Rule X, Section 2(b)4,
Violation of Reasonable Regulation
03/09/09: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
11/24/08: Verbal Waming for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
09/17/08: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
09/02/08: Supervisory Review & Counseling for violation of Personnel Rule, Section 2(b)4,
Violation of Reasonable Regulation
08/06/08: Supervisory Review & Counseling for violation of Personnel Rule X, Section
2(b)15, Excessive Absences
04/17/08: Written Waming for violation of Personnel Rule X, Section 2(b)4, Violation of
Reasonable Regulation
09/21/07: Three -day Suspension for violation of Personnel Rule X, Section 2(b)15,
Excessive Absences
07/13/07: Written Warning for violation of Personnel Rule, Section 2(b)15, Excessive
Absences
03/15/07: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
09/21/04: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
05/15/03: Written Waming for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
03/17/03: Verbal Waming for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
10/03/00: Written Warning for violation of AWOL policy
12/17/99: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
12/01/99: Verbal Waming for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
08/25/98: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
05/07/98: Written Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
12/31/97: Verbal Warning for violation of Personnel Rule X, Section 2(b)15, Excessive
Absences
THEREFORE, BASED ON THE ABO E CHARGES AND SPECIFICATIONS, YOU ARE HEREBY
REMOVED FROM YOUR PQSITIO WI H THE CITY OF MIAMI BEACH.
Employee's signature( �(_ �� Date: 9• /7-/,(
v Le H Id mes MSW II
Distribution: Original: -Human Resources Department
Copies: •Employee - Department
CITY OF MIAMI BEACH
BARGAINING UNIT GRIEVANCE PROCEDURE FORM
UNION GRIEVANCE 0: LH1 LABOR RELATIONS GRIEVANCE th dabs. .. DLj
— lnsbvcdons: Spaces4-8should be•typed so- that -d .. ame•lnforrnation appaarret ell stepr.7he lowerposldon lrt8 SE dbhTplEtdala(eaelai p. — " - --
1. Bargaining Unit (check one only):
FRATERNAL ORDER OFPOUCE (FOP) INTERNAUONAL ASSOCIATION OF FIREFIGHTERS (IAFF)
XR AMERICAN FEDERATION OF STATE, COMMUNICATIONS WORKERS OF AMERICA (CWA)
COUNTY 8 MUNICIPAL EMPLOYEES (AFSCME) GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF)
2. Date of Occurrence: 09/19114
3. Employee's Name & Classification:
Lee Holmes MSW U
4. Employee's DepartmentrDlvlslon & Telephone Ext. (7730)
Parks and Recreation
5. Employee's Immediate Supervisor 8 Telephone ExL (7730 )
Albert knight
e. Statement/Nature of Grievance: Employee terminated on September 19..2014 for alleged violations of city policies and
personnel rules, Employee Is charged with the following rules: Charge 1 City of Miami Beach Work Rules.
Charge 11 Personnel Rule X Section 2(b)15. Charge III Personnel Rule X Section 2(b)17. Charge N. Personnel Rule X Section 2(b)21.
Charge V Prevention of Workplace Violence.
Ns C
m
.r >
N 2
M
1. Contract Arttcie(s) Alleged Violated: Section: 4.7 (Dm
And all other appicabie sections of this contract but not limited to �.=
... C' C7
I 0
8. Suggested Adjustment To Make Subject Whole. .
There shag be no discrimination, interference, restraint, or coercion by management against any employee
because of differences.
e.� G! sty �._.7 af�uIL/
.....ice' ,rE
Employee Signature [lhdo / Union Representative's Signature Date
TO 85 COMPLETED AND PRESENTED AT EACH STEP
., ; �' $
Received by (signature/title):
Step 1- Presented by (signature/tit' if Date: J L
Date:
STEP 1 RESPONSE (FROM
Grievance Dsnled (Mato why):
DIVISION TO PRESENTER)
Date:
Grievance RoCONad (state how):
(signature/title)
Received by (signature/title):
Date:
uStep 2- Presented by (signatureldtle) Date:
STEP 2 RESPONSE (FROM DIVISION TO PRESENTER)
Grievance Denied (state why):
Grievance Resolved (state how):
(signature/title) Date:
Received by (signature/title):
1
Step3- Presentedby(al Ue) Oate9 h/
I/ ' 'ii Date: i't.'iii
See Attached Reply to Step 3 from City
Manager's Designee/Labor Relations
Received by (signature/title):
ARBITRATION REQUEST/Presented by (signature/Otte) Date:
Data:
AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES
AFSCME LOCAL 1554
ELECTION OF REMEDY FORM
Grievance No. (If applicable) w1
This form must be completed and signed prior to the second step of the grievance
procedure, or at the time when appeal to Personnel Board Is filed.
Employee must elect, sign, and date only one of the two following choices:
1. x L 1 � I/We elect to utilize the Grievance Procedure contained In the
current Contract between the City of Miami Beach, Florida, and
AFSCME Local 1554.
2.
x /
Sig atuCe
Date
I/We elect to utilize another forum for my /our grievance, and in
doing so, Uwe permanateiy waive my /our contractual right to
the Grievance Procedure contained in the current Labor
Contract between the City of Miami Beach, Florida, and
AFSCME Local 1554.
Signature Date
if Number 1 Is elected, sign If you wish to authorize the following:
I/We hereby authorize AFSCME Local 1554 to process the attached
grievance on my /our behalf.
X i ! �
q 2 5//44
Signs re Date
AFSCME - 38
Lee Holmes
Beginning April 2016, Park Supervisor, Emmanuel Pierre - Georges verbally requested to me that a change
be made at North Shore Open Space Park with one of his current employees Lee Holmes.
Emmanuel Pierre - Georges requested moving Lee Holmes from Open Space Park because he felt some
tensions were beginning to grow between Lee Holmes and some of the other employees in the park.
Prior to this request, in March 2016, a park patron, Ms. ;, had some serious issues with Lee
Holmes. He was allegedly harassing her.
In May /June 2017, Lee Holmes and employee John Thompson were having personality conflict that
seemed to be escalating and not deescalating after conversations from me and Assistant Director, Jose
del Risco, with Lee Holmes and John Thompson.
At this point it was determined that it was in Lee Holmes best interest to move him to the South Region.
In July 2017, Ms. s called Parks and Recreation Assistant Director, Jose Del Risco, with a list
of complaints about Lee Holmes and also spoke with Daphne Saba in the Parks and Recreation office.
Mr. Holmes was subsequently moved and schedule adjusted to benefit Mr. Holmes personal situation.
In fact, at his request, his work schedule improved by going from working on Saturdays to having both
Saturday and Sunday off and was offered work time frames that were convenient for his son's
camp /school and after care schedule.
After Mr. Holmes was moved to the South Region, he showed up a couple times at North Shore Open
Space Park prior to his reporting time in the South. One occasion, Lee Holmes got into a loud serious
conversation with employee John Thompson. Second occasion, John Thompson saw him in the park and
called the Miami Beach Police.
Mr. Holmes was spoken to about showing up to North Shore Open Space Park by Assistant Director, Jose
del Risco and Park Facilities Manager, Javier Fulgueira. Lee Holmes has not returned to North Shore
Open Space Park since.
Andrew Plotkin
2/2/18
Exhibit 17
Del Risco, Jose
From: Fulgueira. Javier
Sent: Friday, February 02, 2018 10:24 AM
To: Del Risco, Jose
Subject: Lee Holmes
Good morning Jose,
Lee Holmes was transferred to the south region after having multiple issues with coworkers and residents at
North Shore Open Space Park where he had been assigned to work. The reason for the move was to prevent
matters from escalating, as the complaints continued to worsened. Lee was initially moved to South Pointe and
Lummus Park to which he was required to work weekends. After working there a few days, he said his schedule
and location were a problem because of his family situation. After those concerns were brought up Jose Del
Risco and I met with him and moved him to the Scott Rakow Youth Center, in order for him to be provided a
Monday through Friday 7:30am -4pm schedule to help him with his personal situation. I recall at that point
Andy and Jose spoke to Lee about the possibility of bussing his child from North Shore Park Youth Center to
the Scott Rakow Youth Center in order to further assist with his family constraints. Thanks...
JF
Javier Fulgueira, AFO, CPRP
Park Facilities Manager
PARKS & RECREATION DEPARTMENT
999 11 Street. Miami Beach. FL 33139
305.673.7000 ext. 6814 / Fax: 786.394.5406
jfulgueirakamiamibeachfl.gov / %vww.miamibeachparks.com
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,
tropical, historic community.
i
Saba, Daphne
From: Saba, Daphne
Sent: Friday, July 21, 2017 5:55 PM
To: Plotkin, Andrew
Cc: Del Risco, Jose
Subject: FW: Complaint at North Shore Open Space Park
Attachments: Complaint.docx
Hi Andy,
Just wanted to let you know that I spoke with a Ms. ; today regarding a harassment complaint against Lee
Holmes. I wrote notes as we spoke (attached). Jose asked me to let you know, since this is something that both of you
also dealt with today.
Best,
M MIAMISEACH
Daphne Saba
Office Associate V
PARKS AND RECREATION DEPARTMENT
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7000 ext. 6516 / Fax: 786 -394 -4146 / ittp /www.miamibeochfl gQv
We are committed to providing excellent public service and safety to all who live, work and ploy in our vibrant, tropical, historic community.
From: De Pinedo, Naima
Sent: Friday, July 21, 2017 1:09 PM
To: Saba, Daphne
Cc: Peacock, Althea; Rebar, John
Subject: RE: Complaint at North Shore Open Space Park
Hi Daphne,
Ms.
Thanks.
ailed again. Can you please give her a call to look into this matter.
From: De Pinedo, Naima
Sent: Friday, July 21, 2017 12 :04 PM
To: Rebar, John
Cc: Saba, Daphne; Peacock, Althea
Subject: Complaint at North Shore Open Space Park
Good Afternoon John,
The Manager received a call from , a resident who is complaining that an employee at North Shore Open
Space Park has been calling her names for 2 years regarding her service dog. She is a disabled vet with PTSD and
requires the service dog to be with her since she experiences seizures. She has showed the dog's I.D. to the worker and
states that the worker called the police because of the dog.
Please contact her at 786-
Thanks.
Exhibit 18
MIAtv1IBEACH
Naima De Pined*, Office Manager
OFFICE OF THE CITY MANAGER
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305 - 673 -7010 / Fax: 305 -673 -7782 / www.miamibeachfl.gov
We are committed to providing excellent public service to all who live, work and play in our vibrant, tropical, historic community.
Constant lowly remarks from an employee — Lee Holmes.
Over 60 — choreographer & yoga instructor; Vet with PTSD.
After complaining, she went to his supervisor Manny.
She sent him an email a year ago.
Manny told her to get in touch with Mr. Andy Plotkin.
She had a meeting in reference to Lee Holmes with Andy and Manny then.
She tells him, "Stay away from me." He runs off women.
She informed him to stoop.
He passes her with the sign of a gun.
He calls the on her police for everything.
She needs the dog and he harasses her about it.
He comes past her and other women and calls them bitches.
She has video of him.
She said he's been a thorn at a side.
He's told her, "I know you can do something with that, even though you might be old."
She sees him drive a child in the city vehicle and also play with a child at the park.
She says his supervisors know and they are not doing anything.
She bought an employee who has mental disabilitiesa birthday cake and he started to harass her about
it. So much so that Ms. Jaime & Ms. Laura had to get involved.
She got a $50 ticket because of him.
She says he harasses her every day.
She is going to city manager's office.
Yvonne Welcker- Sepulveda
12717 SW 68 Terrace, Miami, FL 33183
Home: 305 - 752 -1614 / Cell: 786- 320 -1674 / Fax: 30S- 382 -S034 / email: yvonnewelcker@beilsouth.net
January 16, 2018
Dear Mr. Del Risco:
I would like to inform you that I am officially resigning and retiring from my position as
Customer Service Representative at Parks Maintenance Yard, City of Miami Beach Parks &
Recreation Department effective as soon as City of Miami Beach Human Resources, Benefits .&
Pension Departments mace the necessary exit interviews prepare my Pension documents
this week. e � b 7 1ij ! 4, 201$
I have enjoyed a productive and rewarding career with City of Miami Beach for nearly 14 years.
However, I must tender my resignation to retire and focus on current health- related issues
requiring my immediate attention.
I appreciate all the great experiences I had while working with former City of Miami Beach
Mayor and concluding with Parks & Rec Maintenance working with you and Jeremy Hinkle.
If I can be of any help during this transitional time, please let me know. I am always available.
Thank you again for understan , and I wish you all the best.
Sincerely,
Yvonne Welcker- Sepulveda
CMB Employee# 18320
Customer Serv. Rep
P &R Dep. Pks. Maint.
Original: Jose Del Risco, Assistant Parks Director
CC: Jeremy Hinkle, Parks Ops. Sup / Jannet Harris, Payroll Coordinator /HR /Pension Deps.
Exhibit 19
Rebar, John
From: Fulgueira, Javier
Sent: Thursday, December 07, 2017 10:15 AM
To: Rebar, John
Cc: Del Risco, Jose
Subject: Rumors Going Around About the Reorganization
Good Morning John,
I just want to give you a heads up, I just received a call from Keith Simmons asking me what is going on with rumors that
everyone is getting moved. He stated that the union contacted him that we are moving all the African Americans back to
yard. Also Derrick Jenkins asked me yesterday about getting moved back to the yard. He said he was with an employee
from Greenspace and that's what the employee told him. I told Derrick that we are looking to maybe reorganize to be
more efficient but that no decisions have been made yet. I am not positive where these rumors /leaks are coming from
but I believe it is already being openly discussed at the yard at 2100. Just wanted to make you aware of the situation.
JF
Javier Fulgueira, AFO, CPRP
Park Facilities Manager
PARKS & RECREATION DEPARTMENT
999 11 Street, Miami Beach, FL. 33139
305.673.7000 ext. 6814 / Fax: 786.394.5406
jfulgueira @miamibeachfl.go■ / www.miamibeachparks.com
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic
community.
1
Exhibit 20