oi g 14017 robb final report 110714

BROWARD OFFICE OF THE INSPECTOR GENERAL

MEMORANDUM

To: Burgess Hanson, City Manager, Cityd~eld Beach

From: John W. Scott, Inspector General ~t(/

Date: November 7, 2014

Subject: OIG Final Report Re: Misconduct by Deerfield Beach Mayor Jean Robb, Ref. 0/G 14-017

Attached please find the final report of the Broward Office of the Inspector General (OIG) regarding the above-captioned matter. The OIG investigation found that C ity of Deerfield Beach (City) Mayor Jean Robb misused her elected position by attempting to obstruct the City's code enforcement efforts involving a luxury automobile dealership whose owner had made charitable donations. Specifically, Mayor Robb told a Broward Sheriffs Office Deputy who was the City's code enforcement officer that "I want you to leave [the dealership] alone. He just gave me two $500 checks."

The investigation abo uncovered other instances of misconduct by Mayor Robb, to wit: ( I) using her pos ition to obtain benefits for her church and pastor by directing C ity staff to issue an employee parking sticker to the pastor, and to use C ity employees and equipment to clean the church's parking lot; (2) attempting to block the City from awarding a contract to a vendor she personally disfavored; (3) unilaterally committing the C ity to pay for transportation for a Little League baseball team, in circumvention of procedures that required the participation and approval of City employees; and (4) attempting to personally direct the duties of the C ity Purchasing Manager. In furt herance of her aims, Mayor Robb repeatedly personally directed and attempted to personall y direct the duties of City employees- and committed C ity resources in so doing- without the requi site knowledge or authori zation of the City Manager, as plainly required by the City' s charter and code.

The OIG investigation establi shed probable cause to believe that Mayor Robb engaged in acts of ethical mi sconduct. The OIG wi ll be refening thi s matter to the Florida Commission on Ethics, and the City, for their independent assessment of the application of state and local eth ics laws.

Attachment

cc: Mayor and Members, Dee rfield Beach City Commission Honorable Chip LaMarca, Member, Broward Board of County Commissioners

John W. Scott, Inspector General On e North Uni vers ity Dri ve, Suite I ll Plantat ion, Florida 33324 (954) 357-7873 1:ax (954) 357-7X57

\\'\\'\\ .browardig.org (954) 357-T IPS

BROWARD OFFICE

OF THE INSPECTOR GENERAL

FINAL REPORT

===========================================================

OIG 14-017 November 7, 2014

Misconduct by Deerfield Beach Mayor Jean Robb

BROWARD OFFICE OF THE INSPECTOR GENERAL

FINAL REPORT RE: MISCONDUCT BY DEERFIELD BEACH MAYOR JEAN ROBB

SUMMARY

In May 2014, the Broward Office of the Inspector General (OIG) began an investigation based on allegations that City of Deerfield Beach (City) Mayor Jean Robb misused her elected position. The OIG had received allegations that Mayor Robb, in her official capacity, improperly solicited two charitable donations made by the owner (Owner) of a local luxury automobile dealership. Although the OIG investigation did not substantiate those particular allegations, we determined that after the Owner made the charitable donations, the Mayor used her position to attempt to obstruct the Citys code enforcement efforts involving the dealership. Specifically, Mayor Robb told a Broward Sheriffs Office Deputy who was the Citys code enforcement officer that I want you to leave [the dealership] alone. He just gave me two $500 checks.

The investigation also uncovered other instances of misconduct by Mayor Robb, to wit: (1) using her position to obtain benefits for her church and pastor by directing City staff to issue an employee parking sticker to the pastor, and to use City employees and equipment to clean the churchs parking lot; (2) attempting to block the City from awarding a contract to a vendor she personally disfavored; (3) unilaterally committing the City to pay for transportation for a Little League baseball team, in circumvention of procedures that required the participation and approval of City employees; and (4) attempting to personally direct the duties of the City Purchasing Manager. 1 In furtherance of her aims, Mayor Robb repeatedly personally directed and attempted to personally direct the duties of City employeesand committed City resources in so doing without the requisite knowledge or authorization of the City Manager, as plainly required by the Citys charter and code.

The OIG also received allegations that Mayor Robb accepted a gift valued at over $50 and misappropriated gifts given to the City, but those allegations were not substantiated by the investigation. In addition, the OIG received allegations that Mayor Robb violated Floridas Sunshine laws by attempting to block residents emails and by using her personal email address to communicate with City staff, but those allegations were unfounded.

The OIG investigation established probable cause to believe that Mayor Robb engaged in acts of ethical misconduct. The OIG will be referring this matter to the Florida Commission on Ethics, and the City, for their independent assessment of the application of state and local ethics laws.

1 Section 12.01(A)(2) of the Charter of Broward County (Charter) defines misconduct to include any violation of any state statute or code, any violation of any county or municipal ordinance or code, or conduct involving corruption or abuse.


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BROWARD OFFICE OF THE INSPECTOR GENERAL FINAL REPORT RE: MISCONDUCT BY CITY OF DEERFIELD BEACH MAYOR JEAN ROBB

OIG CHARTER AUTHORITY

Section 12.01 of the Charter of Broward County empowers the Broward Office of the Inspector General to investigate misconduct and gross mismanagement within the Charter Government of Broward County and all of its municipalities. This authority extends to all elected and appointed officials, employees and all providers of goods and services to the County and the municipalities. On his own initiative, or based on a signed complaint, the Inspector General shall commence an investigation upon a finding of good cause. As part of any investigation, the Inspector General shall have the power to subpoena witnesses, administer oaths, require the production of documents and records, and audit any program, contract, and the operations of any division of the County, its municipalities and any providers.

The Broward Office of the Inspector General is also empowered to issue reports, including recommendations, and to require officials to provide reports regarding the implementation of those recommendations.

THE INDIVIDUAL COVERED IN THIS REPORT

Mayor Jean Robb

Mayor Robb has been a resident of Deerfield Beach for 53 years. She first served as mayor from 1980 through 1993 and was elected again in March 2013 for a four-year term. The Mayor certified that she took eight hours of ethics training in 2013 and filed a certificate of attendance for another eight hours in 2014.

RELEVANT GOVERNING AND ADMINISTRATIVE AUTHORITIES

The Solicitation of Charitable Contributions

The Code of Ordinances of Broward County, Code of Ethics for Elected Officials (Broward Ethics Code) prescribes the manner in which Broward municipal elected officials may solicit and receive charitable contributions. The Broward Ethics Code states that:

Sec. 1-19(c)(5) Solicitation and Receipt of Contributions.

a. Charitable Contribution Fundraising.

1. The solicitation of funds by an Elected Official for a nonprofit charitable organization, as defined under the Internal Revenue Code, is permissible so long as there is no quid pro quo or other special consideration, including any direct or indirect benefit between the parties to the solicitation.

2. To promote the full and complete transparency of any such solicitation, an Elected Official shall disclose, on a form created by the Broward County Attorney's Office, the


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name of the charitable organization, the event for which the funds were solicited, and the name of any individual or entity that may have promoted the solicitation. The form shall be filed for public inspection.

3. The requirements and prohibitions of this subpart shall not apply to actions of an Elected Official in connection with charities or fundraising events sponsored by the official's governmental entity.

Limits on the Authority of the Mayor of Deerfield Beach

The Deerfield Beach City Charter expressly limits the manner in which the Mayor is allowed to interact with city officers and employees, namely, that such interaction be made through the City Manager. These limitations clearly manifest the intent of the Charter to separate the Citys legislative functions from those of the executive.2 City Charter 3.06, Mayor and vice mayor, provides:

(a) Mayor. The mayor shall preside at meetings of the commission and shall be recognized as head of the city government for all ceremonial purposes; and as the city official designated to represent the city in all agreements with other governmental entities or certifications to other governmental entities, but shall have no administrative duties except as required to carry out the responsibilities herein. (Emphasis added).

City Charter 3.09, Prohibitions, states in relevant part:

(3) Oversight of administration. Except for the purpose of inquiries and investigations, the commission or its members shall deal with city officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the commission nor its members shall give orders to any such officer or employee, either publicly or privately. (Emphasis added). Nothing in the foregoing is to be construed to prohibit individual members of the commission from examining by question and personal observation all aspects of city government operations so as to obtain independent information to assist the members in the formulation of policies to be considered by the commission and assure the implementation of such policies as have been adopted.

It is the express intent of this provision, however, that such inquiry shall not interfere directly with the regular municipal operations of the city and that recommendations for change or improvement in city government operations be made to and through the City Manager. (Emphasis added).

2 The Charter limitations were imposed on February 14, 1989, during Mayor Robbs first turn in office.


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Misuse of Public Position

The Florida Ethics Code prohibits a public officer from using and attempting to use her official position to secure a personal benefit for herself, or for others. F.S. 112.313, Standards of conduct for public officers, employees of agencies, and local government attorneys, states in pertinent part:

(6) Misuse of Public Position.No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others.

F.S. 112.312, Definitions, describes corruptly as:

(9) Corruptly means done with a wrongful intent and for the purpose of obtaining, or compensating or receiving compensation for, any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his or her public duties

The Deerfield Beach City Code of Ethics (City Ethics Code) mirrors the state prohibition of the use, and attempted use, of official position for either personal gain or gain for others. City Code 2-502, Required and prohibited conduct, states in relevant part:

(e) A regulated officer shall not use or attempt to use his or her official position to improperly or unreasonably request, grant, or obtain in any manner any privileges, advantages, benefits or exemptions for themselves or others that are not available to those generally available to city residents or which are not specifically incident to their position and the conduct of their public duties.

(p) A regulated officer shall not, directly or indirectly, induce, encourage, or aid anyone to violate any provision of this ethics code.

Acceptance of Gifts

The Broward Ethics Code and the City Ethics Code both impose limits on the source and value of the gifts received by regulated individuals such as the Mayor. The Broward Ethics Code states that:

Sec. 1-19(c), Standards of Conduct.

(1) Acceptance of Gifts.

(a) Elected Officials shall not accept gifts, directly or indirectly, regardless of value, from lobbyists registered with the governmental entity on whose behalf they (or their spouse, registered domestic partner, or relative) serve, or from any principal or


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employer of any such registered lobbyist, or from vendors or contractors of such governmental entity.

(b) Elected Officials may accept gifts from other sources given to them in their official capacity, where not otherwise inconsistent with the provisions of Florida Statutes Chapter 112, Part III, up to a maximum value of $50.00 per occurrence. Gifts given to an Elected Official in his or her official capacity up to $50.00 in value are deemed to be de minimis.

The City Ethics Code, D.B.C. Code Sec. 2-502, Required and prohibited conduct, states in part:

(o)(1) A regulated officer shall not accept a gift as defined in F.S. 112.312 in excess of $50.00 (during any calendar year) from any person or entity that a regulated officer knows, or has reason to believe, has received or sought a land use plan amendment, development permit (other than a building permit) or contract or the payment of city funds from the city within the previous two years or within six months of the date the regulated officer assumed his or her respective office, whichever is shorter.

INVESTIGATION

This investigation was predicated on information alleging that Mayor Robb engaged in misconduct by misusing her elected position. The OIG investigation substantiated the information by finding that Mayor Robb attempted to use her position to obstruct City code enforcement efforts involving a local dealership that donated to her chosen causes; used her position to obtain benefits for her church and pastor; attempted to block the City from awarding a contract to a vendor she personally disfavored; unilaterally committed the City to pay for transportation for a Little League baseball team; and attempted to personally direct the duties of the City Purchasing Manager. The OIG investigation did not substantiate allegations that Mayor Robb improperly solicited two charitable donations, accepted a gift valued at over $50, or misappropriated gifts given to the City. In addition, allegations received by the OIG that Mayor Robb violated Floridas Sunshine laws were unfounded.

This investigation included the examination by OIG Special Agents of substantial materials including Parks and Recreation Department logs; City Commission minutes; City Commission audio and video recordings; City emails and correspondence; and materials obtained through internet research. OIG Special Agents also conducted interviews of numerous current and former City staff, several witnesses from the BSO, Mayor Robbs church pastor, and Mayor Robb.3

3 OIG Special Agents originally interviewed Mayor Robb in May 2014. After we discovered further information that implicated her in misconduct, she declined our invitation to interview a second time.


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Mayor Robb Did Not Improperly Solicit Charitable Donations

The OIG investigation commenced after we received allegations that the owner of a luxury automobile dealership in the City gave Mayor Robb or the City $1,000 in charitable donations, and that Mayor Robb then donated the money to charities of her choice. This raised a concern about whether Mayor Robb violated the Broward Ethics Codes limitations on charitable solicitations, and whether she may have misappropriated money intended for the City.

On May 14, 2013, Mayor Robb acknowledged to OIG Special Agents that at the May 6, 2014, City Commission meeting, she announced her receipt and disbursement of donations to two local organizations. They were the Deerfield Beach Historical Society, a nonprofit that identifies, preserves, and maintains historical sites in the City, and Family Central, Inc. (FCI), a nonprofit that provides childcare education, childcare, and referral services.4 Mayor Robb explained that a friend of hers had informed her that the owner of Domani Motors asked to meet her, and her friend thereafter arranged the meeting at the dealership. She said this was the first time she had ever met the Owner. His wife was also present at the meeting. After the Owner asked Mayor Robb if she had any local recommendations for the receipt of charitable donations, she suggested the Historical Society and FCI. The Owners wife then exited and returned a short time later with a $500 corporate check made payable to each of those organizations, both dated May 5, 2014. (See non-executed copies of the checks, attached as Exhibit 1)

Thereafter, Mayor Robb mailed the checks to the charities, each with a cover letter on City stationery that began, I had the occasion to meet with [the Owner] of Domani Motors who wished to make a contribution to whatever worthy cause I determined. (Exhibit 2) The letters also said that she intended to honor the Owner for this act at the May 20, 2014, Commission meeting. Thereafter, Mayor Robb did present certificates of recognition to the Owner and his wife at the May 20 meeting. During her interview, Mayor Robb stated that she could not recall the date or time of the meeting, but that she had filed a Broward Ethics Code Charitable Contribution Fundraising Disclosure Form noting the donations. She then arranged for a City staff member to deliver a copy of a disclosure form to OIG Special Agents. The form noted the date of solicitation as May 4, 2014. 5, 6 (Exhibit 3)

Mayor Robb stated that neither the dealership nor the Owner had any current or pending matters before the Commission. She also stated that she did not know whether they had any pending code enforcement matters. She further stated that the Citys budget included a line item for contributions to FCI, and that the Historical Society had received City funding in the past.

4 FCI and the Historical Society websites report that they are registered under the Internal Revenue Code as 501(c)(3) not-for-profit tax exempt corporations. Florida corporate records identified the organizations as Florida nonprofit corporations, and neither Mayor Robb nor any elected City official was a corporate officer or board member of either organization.5 The Clerk informed us that the Mayor passed the form to her during the May 6, 2014, Commission meeting and that she had inadvertently failed to date stamp and file the form for public inspection (that is, post it on the Citys searchable internet database). The Clerk remedied these deficiencies following our inquiry about them in August 2014. 6 Mayor Robb told the OIG that the City Attorney advised her to complete the form noting the donations. The City Attorney, who was present for Mayor Robbs interview, explained that he did not believe the circumstances required the disclosure form but, in an abundance of caution and in the interests of transparency, he advised the Mayor to file it.


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The City Manager confirmed to OIG Special Agents that the City had budgeted contributions to Historical Society in fiscal years 1998, 1999, and 2003, and that it had budgeted $15,000 in December 2013. He stated that the City had also provided in-kind donations to Historical Society. He further stated that, since at least 1998, FCI was in a contractual relationship with the City to provide social services such as childcare for local low-income families. In 2014, the City provided $9,000 in local matching funds to FCI in conjunction with funding from the Federal Child Care Block Grant and Early Learning Coalition of Broward.

The OIGs investigation concluded that the Mayors conduct may have constituted a charitable solicitation and that there may have been an understanding between the parties for a direct or indirect benefit. However, we also concluded that, because the City in fact sponsored these charitable entities, she met the exception to the limitations on charitable fundraising as enumerated in the Broward Ethics Code. Accordingly, the allegations that Mayor Robb improperly solicited charitable donations were not substantiated.

Mayor Robb Improperly Attempted to Influence Code Enforcement Efforts

The Owner acknowledged to OIG Special Agents that his dealership had been the subject of ongoing code enforcement efforts for parking code violations, although he did not believe that there were any outstanding code violations at the time of his meeting with Mayor Robb. The last enforcement action he could recall had been approximately two months earlier. He stated that, during the meeting, he did not discuss code enforcement issues or violations related to his business with the Mayor, ask for her assistance, or suggest that she speak to code enforcement officials on his behalf regarding any pending or future matters.

The OIG met with a Broward Sheriffs Office Deputy who is the field supervisor of the City Code Enforcement Division (the Deputy). According to the Deputy, Code Enforcement had issued the dealership code violation warnings a number of times for what he described as minor violations regarding where it can park its vehicles. Among other restricted areas, the Owner had been parking vehicles on the property of Florida Power and Light (FPL) without express permission. On April 23, 2014, the dealership received two warnings for parking on vacant lots, but a May 6, 2014, inspection determined that there was compliance, and Code Enforcement was not going forward in that matter.

The Deputy told us that, one or two days prior to the May 6, 2014, City Commission meeting, Mayor Robb called him and said, [Deputy], I want you to leave Domani Motors alone. He just gave me two $500 checks. The Deputy stated that he notified Mayor Robb of the violations which he did not describe in detail to her and she then replied that the Owner told her he had permission to park on the FPL property, so that the dealership was not in violation. The Deputy responded to Mayor Robb that he would talk to the Owner but he informed us that he later thought that could be considered improper, given the involvement of Mayor Robb and the fact that the parking violations were actually another code inspectors job responsibilities. The Deputy told us that he believed the purpose of Mayor Robbs call was to influence the code enforcement efforts regarding the dealership, but he stated that it would not.


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On May 14, 2014, in response to a question from an OIG Special Agent about whether she was aware whether there were pending code violations, she said she was not. Contrary to Mayor Robbs statement to the Deputy regarding her conversation with the Owner, the Owner denied to OIG Special Agents that they had discussed the parking problems.

The Deputy stated to OIG Special Agents that he immediately informed the BSO lieutenant in his chain of command about the substance of Mayor Robbs call. Some days later, the Deputys Captain received a telephone call from Mayor Robb, who asked him to tell the Deputy to disregard what she had said.7 The Captain told OIG Special Agents that, at the time he received the telephone call, although the call was brief and he did not understand the context of her request, he did not think it was unusual behavior for Mayor Robb. He contacted the Deputy and conveyed the message. The Deputy later explained to the Captain that Mayor Robb initially telephoned him (the Deputy) and told him to back off the dealership, and that Mayor Robbs contact with the Captain was related to that telephone call. The Captain told us that he instructed the Deputy not to back off enforcement efforts against the dealership.

The Deputy also informed the interim City Director of Planning and Development Services (the PDS Director), who oversees the Citys interests in code enforcement matters, about Mayor Robbs call approximately one week prior to the May 20, 2014, Commission meeting during which she presented certificates of recognition to the Owner for his donations. The PDS Director acknowledged that the Deputy had called her and informed her about Mayor Robbs call to him to stop picking on the dealership for code enforcement, that they were good people, and they had given money to local charities. She told OIG Special Agents that during a May 14 agenda preparation meeting for the May 20 Commission meeting, she informed the Citys management staff, the City Attorney, the City Clerk, and the City Manager about Mayor Robbs call to the Deputy.

The OIG investigation found probable cause to believe that Mayor Robb engaged in misconduct in violation of the Florida Ethics Code and the City Ethics Code when she improperly attempted to influence the code enforcement efforts affecting the Owner of a dealership who made $1,000 in donations to two local charities of her choice, for which she took credit. She used her official position in an attempt to obtain benefits for the Owner and his dealership that are not generally available to City residents, through actions that were inconsistent with the proper performance of her lawful duties. Finally, her attempt to have the Deputy disregard her actions evidenced that she understood what she had done was wrong.

Mayor Robb Improperly Procured a City Parking Sticker and City Cleaning Services

The OIG determined during the investigation that Mayor Robb directed City staff to issue, at no charge, an employee parks and recreation parking sticker (PRS sticker) to the pastor of Saint Ambrose Church, of which she is a parishioner. The City did not make available the PRS sticker to City residents at any price; a resident parking sticker, with significantly lesser privileges, would cost a City

7 By then, the OIG had begun its inquiry including, on or about May 7, 2014, contacting Mayor Robbs office and leaving a message requesting she discuss the Owners donations with us.


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resident $100 for one year. 8 (See sample PRS sticker, attached as Exhibit 4). We also determined that Mayor Robb directed City staff to employ City personnel and equipment to clean the St. Ambrose church parking lot for free.

Specifically, the Parks and Recreation Department (PRD) Director stated that in the fall of 2013, without prior notice, Mayor Robb presented herself at the PRD office and asked for a parking sticker for the Pastor. She made it clear that she was referring to a PRS sticker and not a resident beach sticker, and told the PRD Director that she thought the City had previously issued a PRS sticker to the Pastor. The PRD Director replied that she had never issued a PRS to the Pastor or any other person who was not a City official or City staff, but that she would check. Mayor Robb responded to the PRD Director, in the presence of her staff, Make sure you follow up. The PRD Director told OIG Special Agents that she believed Mayor Robb was implying that she would be in trouble if she did not issue the PRS sticker to the Pastor. The Director said that none of her staff could recall the Pastor previously receiving a PRS sticker.

The PRD Director stated that, within five to ten minutes after leaving her office, Mayor Robb called back and confirmed that what she wanted was a PRS sticker for the Pastor and that she would immediately be returning to the PRD office to get it. Within minutes of the telephone call, Mayor Robb, in fact, returned. She provided the Pastors vehicle description and tag number to the PRD Director. The PRD Director then gave Mayor Robb the PRS sticker for the Pastor. The PRD Director told the OIG that she felt obligated to comply with Mayor Robbs request, and a few days after she issued the PRS sticker she informed the City Manager about it.

The City Manager informed OIG Special Agents that his office staff told him that Mayor Robb contacted the office requesting that the Pastor be issued a PRS sticker. He stated that he did not intend to give the Pastor a PRS sticker, because they are only for elected officials and staff, and he did not respond back to Mayor Robb. The City Manager said that, some days later during a City directors meeting, the PRD Director told him that she issued the Pastor a PRS sticker at the Mayors request. The City Manager decided that, since the PRS sticker had already been issued and given to the Pastor, he was not going to seek its return.

The Pastor told us that, some months ago, he found a new parking sticker on his desk. He was not certain if he had requested it or to whom he made any such request. After he became aware that someone made an issue of it, he removed it. The Pastor acknowledged speaking to the City Manager about the sticker, saying that he never needed one in the past and, since removing it, he will pay to park.

With regard to the Citys cleaning of the St. Ambrose Church parking lot, the Environmental Services Department (ESD) Assistant Director stated that sometime around Lent (March 5 to April 20, 2014), he received a telephone call from Mayor Robb, who requested that he assign a street

8 The City provides residents with beach parking stickers for an annual fee of $100. These permit residents to park in designated areas. The PRD issues PRS stickers to City employees and officials whose City duties would require them to park their personal vehicles at the City beach and parks. A PRS sticker allows its holder to park at otherwise restricted or prohibited parking areas. The PRS sticker can be affixed only one time and is normally destroyed when removed.


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sweeper to service the parking lot of the church prior to 6 a.m. the next day. He did not direct Mayor Robb to the City Manager or his supervisor, but rather agreed to arrange for the cleaning because he considered her request as being told to do it.

The Pastor stated that the City has swept the church parking lot for many years, particularly after church festivals, which past mayors and city managers have approved. He said that, around Lent, as he had done in the past, he called someone in the City and requested him or her to arrange to sweep the parking lot, which was done.

The ESD Director told the OIG that, on the Monday after its completion, the ESD Assistant Director informed him that he (the Assistant Director) had assigned a street sweeper to service the church. The ESD Director stated that the City does not utilize its street sweepers to service private property unless the Citys activities were the cause of debris deposited on the property, such as that which might result from underground utility repairs or adjacent roadwork. He added that he could not recall authorizing the sweeping of the church or any other private property parking lot, absent cause, nor could he recall anyone else authorizing such services. The Director said that the cost to the City to sweep the church parking lot was minimal; he said that it would have been a small job for a private service provider and would cost about $200. Nevertheless, the City Manager stated that, had he been asked, he would not have authorized the sweeping of the church parking lot.9

The investigation found probable cause to believe that Mayor Robb engaged in misconduct when she improperly directed the PRD Director to assign employee-only parking benefits to her pastor and improperly directed the ESD Assistant Director to assign a City street sweeper, at taxpayer expense, to sweep the parking lot of her church. Mayor Robbs actions violated not only the Florida Ethics Code and the City Ethics Code, but also the City Charter, because she gave orders to employees who are subject to the direction and supervision of the City Manager, instead of making her requests directly to him.

Mayor Robb Attempted to Exclude a Vendor from Contract Consideration

The OIG investigation concluded that Mayor Robb engaged in further misconduct when she improperly attempted to influence the Purchasing Manager to exclude a vendor from the selection for a pending contract, in violation of the City Ethics Code and Charter.

The Purchasing Manager told OIG Special Agents that shortly after Mayor Robb took office, the City Commission had directed that a feasibility study be done in contemplation of transitioning from the BSO back to a municipal police department, and he was in the process of researching and preparing the bid solicitation for the study. The Purchasing Manager informed the OIG that the Mayor told him that she did not want the City to permit a particular vendor to bid on the solicitation and did not want the City to award the feasibility study contract to the vendor.10 This

9 The City Manager told the OIG that the City has used the church parking lot for special event parking, and in such an

instance, he might authorize the use of the street sweeper. He also said that the City has an agreement with the church for mutual use of its facilities, but the agreement does not include sweeping the parking lot clean.

10 The Purchasing Director could not recall the identity of the vendor.


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was outside the scope of Mayor Robbs duties and, once again, in contravention of the Charters prohibition that she not direct the Citys administrative staff members. The Purchasing Manager replied to Mayor Robb that the City would not exclude a vendor from the solicitation or selection and that it would not deviate from the standard procurement process. He said that, after some research, the City Commission declined to bid out the feasibility study altogether, and the City took no further action.

Mayor Robb Unilaterally Committed the City to Fund Transportation for a Little League Team

The OIG investigation found that Mayor Robb again violated the City Charter by committing the City to pay for bus transportation services for the City-sponsored Little League baseball team and then directing City staff to facilitate the commitment without conferring with the City Manager or the appropriate department head.

In July 2013, Mayor Robb called the Citys Athletic Coordinator and told him that she had promised a Little League team that the City would pay for a charter bus to transport it to a multi-day competition in Tampa, Florida. The PRD Director told the OIG that the City regularly paid for such trips and, if requested, would likely have approved the expense using the standard procedures. Although the Little League team should have submitted the request to the City Manager or the PRD Director, the League went directly to Mayor Robb, who in turn directly contacted the Athletic Coordinator. (See the Athletic Coordinators July 22, 2013, email to the PRD Director describing Mayor Robbs call, attached as Exhibit 5) In addition to unilaterally making the commitment to provide a bus for the trip at City expense, Mayor Robb asked the Athletic Coordinator to suggest that the City authorize $2,300 for Davis Transportation (Davis) to provide the bus service. The PRD Director said that, when she became aware of the request, she advised Mayor Robb that the team should have made the request through her (the Director) or the City Manager. We observed that Daviss written proposal of July 22, 2013, (Exhibit 6) bears the facsimile header of Mayor Robbs personal fax number. The proposal also lists Mayor Jean Robbs Group as the proposed client. The PRD Director ultimately did approve Davis as the vendor, which received approximately $2,900 due to the trip being extended an extra day. 11

Mayor Robb Improperly Attempted to Direct the Duties of the Purchasing Manager

The investigation found that Mayor Robb improperly attempted to direct the duties of the Purchasing Manager, in violation of the City Charter. The Purchasing Manager stated that in late 2013 or early 2014, while he was a member of a multi-departmental committee to conduct a citywide parking study to modernize parking revenue and enforcement efforts, he received a telephone call from Mayor Robb. She requested that he research the installation of parking meters at the Cove Plaza parking lot to generate City revenue and asked him to determine how much the City should charge for parking in that area. The Purchasing Manager told us that he advised her that the setting of parking fees was a

11 City ordinance Sec. 38-126(a), grants department heads the authority to purchase goods and services which are less than $2,500 for a single purchase, subject to a valid current appropriation for the items to be purchased. The OIG did not review the details of the trip expenditures, and the relationship between Mayor Robb and Davis, if any, was not a focus of the investigation.


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City Commission policy decision and beyond the scope of his position but agreed to look at what information was available on parking systems.

The Purchasing Manager stated that he later attended a January 28, 2014, City Commission meeting at which Mayor Robb publicly commented on the request she made of him. At that time, the City Manager openly advised her that she should direct her requests through him, and he would then assign the request to the appropriate staff. He offered to continue working with her, saying, Youve asked me for things, and Ive turned around and given them to you in a quick manner.12 Rather than assert any defense or explanation to the act of going around the City Manager, Mayor Robb merely replied, I have some things I havent gotten, yet.

Mayor Robb Did Not Accept a Gift Valued Over $50 or Misappropriate Gifts Given to the City

The OIG received an allegation that, in her official capacity, Mayor Robb received toys from a local toy manufacturer valued at over $50, in violation of the Broward Ethics Code, Sec. 119(c)(1). The OIG received a second tip alleging that the toys were a gift to the City and that Mayor Robb appropriated them by giving them to a family of her own choice, without Commission approval. The investigation did not substantiate the allegations.

We determined that, at the March 4, 2014, City Commission meeting, representatives of a toy manufacturer headquartered in the City were present to receive recognition from the City Commission for the company having received an award from the Toy Industry Association. At the meeting, the company representatives gave two toys directly to Mayor Robb. A verbal exchange between the Mayor and the company representatives ensued, as follows:13

Company: Mayor, weve got some gifts for you (unintelligible) - the hottest toy of the year.

Mayor: I hope its not worth more than $50.

Company: No (laughing) no, no its not its this big, big, big play set for girls who want to pretend to be Doc McStuffin and actually (unintelligible) their toys.

Mayor: My six kids and 11 grandchildren thank you.

Company: Theres more, heres a doll from last year (unintelligible).

Mayor: Anybody have any grandchildren that are that age (speaking to the dais)?

The recorded statements of the company representatives indicated that they gave the toys directly to Mayor Robb, and they made no statements that suggested they intended the toys to be gifts to the City. None of the Commissioners made any comment that he or she understood otherwise.

12 The City Managers statement is recorded on the January 28, 2014, City Commission meeting video at 03:12:00. 13 The video commences at 00:06:55. It cannot be conclusively determined from the video which company representative was speaking.


Page 12 of 22


Mayor Robb accepted the toys, and she openly commented that her family thanked the company. She then publicly asked the Commissioners if anyone had grandchildren of an age that could benefit from the toys, to which there was no response. In response to a March 6, 2014, email from City staff inquiring about the location of the toys, Mayor Robb replied she gave the toys to an unnamed local family.

The value of a gift is material to the application of the Broward and City limitations on the acceptance of it, as well as Floridas requirements to disclose it. In the absence of a special valuation rule, the value of a gift is determined by the actual cost to the donor.14 The OIG determined that the combined retail value of the toys was less than $100. The representatives statement that the toys were valued at less than $50 was consistent with the assumption that the manufacturers cost should be significantly less than the retail cost. The investigation also found that the company was not a City contractor, vendor, lobbying firm or principal of a lobbyist. Nor was any managing member a registered lobbyist. We found no evidence that the toy company or related persons or entities had requested a land use amendment or had any other pending matter before the Commission. Accordingly, we concluded that state and local ethics laws did not prohibit, or require the disclosure of, Mayor Robbs acceptance of the toys.

Mayor Robb Did Not Violate Floridas Sunshine Laws

The OIG received allegations that Mayor Robb violated Floridas Sunshine Laws15 by attempting to block residents emails and by using her personal email address to communicate with City staff, but those allegations were unfounded.

With regard to the email blocking allegations, we found that Mayor Robb only sought to avoid viewing the e-mails of two residents, not to block the City server or the accounts of any officials or employees from receiving them. These acts did not implicate the Sunshine laws, and there was no evidence that the Mayors intent was to affect the retention of public records.16

With regard to Mayor Robbs use of her personal email account, we determined that no local or state law prohibits elected officials from using personal email to communicate official business, so long as they retain the communications in accordance with the public records law. Although we found no violation of law in this case, we caution that this conduct risks violations when communications are inadvertently deleted or otherwise not retained.

14 F.S. 112.3149(7)(a). 15 The Florida Constitution and Florida State Statutes, Chapter 119 (public records) and Chapter 286 (open meetings), provide a right of access to public records and governmental proceedings. They are commonly referred to as the Sunshine

Law or Laws. 16 On September 17, 2014, the Florida Commission on Ethics dismissed a complaint against Mayor Robb which raised the

same allegations.


Page 13 of 22


INTERVIEW SUMMARIES

As a part of the investigation, OIG Special Agents conducted numerous witness interviews. Significant interviews are summarized below:

1. Interview of the Owner of Domani Motors

The Owner said that he did not personally know Mayor Robb but as with most local elections, he usually contributed to all the candidates. He said that he wanted to meet the new mayor and he believed that he was the one who called the City to make the arrangements. He stated that Mayor Robb agreed to meet at his office. The Owner emphasized that this was his first meeting with her.

The Owner stated that over the years his business has grown and become very profitable, and he wanted to give back to the City. He further stated that he contributed what he estimated as thousands of dollars each year, for many years, to local organizations and causes.

The Owner stated that, prior to meeting Mayor Robb, he had planned to donate to the Deerfield Beach Housing Authority and another local cause, and when they met he asked if she knew of any organizations that would most benefit from his donations. Mayor Robb suggested the Historical Society and FCI. The Owner stated that he had previously been unaware of FCI or its cause. He said he had checks issued from the dealerships corporate account for $500 to each organization and gave them to Mayor Robb. The Owner commented that, since donating to FCI, he received a thank you letter from its president and will be donating directly to it in the future. He added that, during a recent City Commission meeting, the City formally recognized him for his contributions to the community.

The Owner said that he has occasionally had code violations resulting from a variety of issues, most involving vehicle parking. He stated that his building is one of the nicest buildings on the street and, although he believed that some of the code enforcement actions were unwarranted, he has and will continue to attempt to comply with the law. He said that he has an ongoing issue with parking, some of which was caused by the widening of SW 10 Street some years ago and the installation of sidewalks, which negatively affected his available parking space. He emphasized that most of the violations were related to temporary parking, citing as an example the many times he has moved cars out of his showroom and parked them outside while moving a car from the back of the showroom. He stated that at least one of the code violations regarding parking had gone before a special magistrate who found in his favor.

The Owner stated that he did not believe that, at the time of his meeting with Mayor Robb, there were any outstanding code violations. He also stated that he believed that it had been approximately two months since the last code enforcement action. He further stated that, during his meeting with Mayor Robb, he neither discussed code enforcement issues or violations related to his business, nor did he ask for her assistance or suggest that she speak to code enforcement officials on his behalf regarding any pending or future matters.


Page 14 of 22


2. Interview of the Deputy Sheriff and Code Enforcement Supervisor

The Deputy stated that he has been involved in the code enforcement function for the City almost continuously since 1997, when the City contracted with BSO for its services. He currently supervises the BSO civilian code enforcement inspectors. The Deputys duties include reviewing code inspection reports, reviewing enforcement actions, responding to inquiries and complaints, attending commissioners district and regular Commission meetings, and attending special magistrate hearings related to code enforcement matters. The Deputy stated that the goal of code enforcement actions is compliance.

The Deputy said that he was familiar with Domani Motors and its owner, who have generally come into compliance, except on one occasion, when a matter was brought before the code enforcement magistrate, who ruled in part for the dealership and in part for the City. The City had warned the dealership a number of times for what the Deputy described as minor violations, generally the result of site plan restrictions, which operate to limit the location where Domani Motors can park its vehicles. In addition, the dealership had been parking vehicles on the property of FPL, without its express permission.

The Deputy was present for the May 6, 2014, City Commission meeting when Mayor Robb announced that she received two $500 donations from Domani Motors for two local causes, the Historical Society and FCI. The Deputy stated that a day or two prior to the May 6 meeting, he received a telephone call at his office directly from the Mayor. The Deputy said that Mayor Robb told him, [Deputy], I want you to leave Domani Motors alone. He just gave me two $500 checks. The Deputy told her that the dealership had code violations pending. Mayor Robb spontaneously replied that the Owner said he had permission to park on the FPL property and that the dealership was not in violation. The Deputy said he then told her that FPL denied giving the dealership such permission. He informed us that, based on his knowledge of Mayor Robb and the fact that her call was not preceded by or related to any other subject, he believed the purpose of her call was to influence code enforcement efforts regarding the dealership. The Deputy said that he did not feel intimidated by Mayor Robbs conversation, and felt he had the support of BSOs administration.

The Deputy said that, some days following Mayor Robbs phone call, the Captain telephoned him and informed him that he had just finished speaking to her, and she asked that he tell the Deputy to disregard what she had said. At the time, the Captain was not aware of the context of her request and message. The Deputy observed that the request to disregard could not have been related to any matter other than the Mayor Robbs request that he leave Domani Motors alone.

The Deputy stated that he has not had any further contact with Mayor Robb since the telephone call, and he was unaware of her contacting any code enforcement inspector or any BSO staff (other than the Captain) regarding the dealership. The Deputy stated that the Captain directed that there would be no change in enforcement efforts related to the dealership, and he did not tell the code inspector responsible for the dealership area about the call.


Page 15 of 22


The Deputy stated that it was not unusual to receive a telephone call from a City commissioner regarding code enforcement issues, but that he received more calls from the Mayor. He said that, in no other case, has a commissioner improperly attempted to influence code enforcement action.

3. Interview of the BSO District Chief and Captain

The Captain (who is also the District Chief) stated that, sometime in May 2014, Mayor Robb called him and asked him to tell the Deputy to disregard what they had talked about. The Captain said that, at the time he received the telephone call, he did not know the context of her request. He said that he did not consider the brevity of the call unusual for her. In response to the Mayor Robbs telephone call, he called the Deputy and informed him of her message.

Some days later, the Captain received a telephone call from the lieutenant who is in the chain of command between the Deputy and the Captain. The lieutenant told the Captain that he had learned that Mayor Robb had spoken to the Deputy about Domani Motorss code violations. The Captain stated that, sometime before the May City Commission meeting when the owners of the dealership received recognition for donating to a local cause, the Deputy told him that the donations from the dealership were related to the telephone call that the Captain had received from Mayor Robb a few weeks earlier. The Deputy told the Captain that she had initially telephoned him and told him to back off the dealership, and that her call to the Captain was related to that call. The Captain stated that he then informed the Deputy that they would not be backing off enforcement efforts.

4. Interview of the Planning and Development Services Director

The PDS Director stated that the City contracts out code enforcement responsibilities to the BSO, and that the City considers the Deputy to be the supervisor of the day-to-day enforcement efforts. It is her job, in consultation with the City Manager and the City Attorney, to advise the Deputy on the interpretation and application of the Citys ordinances.

The PDS Director stated that, during a discussion with the Deputy about Domani Motors in May, he told her that he had received a telephone call from Mayor Robb. She could not quote the conversation but said that the Deputy told her that Mayor Robb asked him why he was picking on the dealership and declared to him that they were good people and had given money to local charities.

The PDS Director took no action at the time; however, during a May 14, agenda preparation meeting for the May 20, 2014, City Commission meeting, she observed that the owners of Domani Motors were on the agenda to receive a presentation from Mayor Robb for their donations. She stated that it was during this meeting, attended by the Citys management staff, the City Attorney, City Clerk and the City Manager, that she told the group about Mayor Robbs telephone call to the Deputy.


Page 16 of 22


5. Interview of the Parks and Recreation Director

The PRD Director stated that, in the fall of 2013, her staff informed her that Mayor Robb presented herself, without prior notice, at her office reception area and asked about getting a beach sticker for the Pastor. The staff told Mayor Robb she would have to speak to the PRD Director. Upon meeting with the PRD Director, Mayor Robb reiterated her request for a beach parking sticker for the Pastor. The PRD Director asked her to clarify whether she was referring to a resident sticker or a PRS sticker. Mayor Robb stated she was referring to a PRS sticker, and told the PRD Director that she thought that the Pastor had previously received one. The PRD Director told Mayor Robb that she had never issued a PRS sticker to the Pastor or anyone who was not an elected official or on the City staff, but that she would do some research and respond back. 17 Mayor Robb responded in the presence of the PRD staff, Make sure you follow up. The PRD Director stated that she believed that Mayor Robb was implying that she would be in trouble if she did not comply with the request. Mayor Robb left, and the PRD Director made inquiries of her staff to determine if the City had ever issued the Pastor a PRS sticker. She stated that no one could recall and there were no records of it.

The PRD Director stated that, within five to ten minutes of Mayor Robb leaving the office, she called back and confirmed that she wanted a PRS sticker and that she would immediately be coming back to get it. Within minutes of the call, Mayor Robb arrived back at her office. The PRD Director felt she was obligated to comply with the request and issued the PRS sticker for the Pastor to Mayor Robb. She later told the City Manager what had occurred.

The PRD Director stated that Mayor Robb obligated the City to provide a service without going through the City Manager on another occasion. She said that, in July 2013, the Athletic Coordinator told her that Mayor Robb told him that she had promised a local Little League team that the City would pay for a charter bus to transport it to a multi-day competition in Tampa, Florida. The PRD Director told the OIG that, although the City regularly approves and pays for such trips, the team should have submitted the request to the City Manager or her. She did not believe the City Manager was aware of Mayor Robbs request. She said that, according to the Athletic Coordinator, Mayor Robb also told the Athletic Coordinator that she wanted him to recommend that the City authorize $2,300 for a bus to be provided by Davis Transportation. The PRD Director stated that the City Manager has directed all City management staff to route all of Mayor Robbs requests through him.

6. Interview of the Pastor

The Pastor stated that he has been the pastor of the Saint Ambrose Church twice, most recently from 1993 to the present. He said that he has known Mayor Robb and other City officials and employees for many years. He expressed that he did not want to get involved in discussions about the PRS sticker. He stated that he was aware that a local person had made an issue of the PRS sticker and, as a result, he removed it. He said that the City only issued the one sticker to

17 At the time, the City had only employed the PRD Director for approximately two years.


Page 17 of 22


him. The Pastor acknowledged speaking to the City Manager about it. He stated that he had never needed one in the past and, since removing the sticker, he will pay to park.

The Pastor stated that he received the sticker some months ago, when it appeared on his desk. He was not certain if he had requested the recently issued parking sticker or, if so, to whom he made the request. He said that many years ago, he had a beach parking sticker, but he did not know if the new sticker was the same as he was previously issued or even that there were different stickers.

The Pastor stated that the City had swept the church parking lot for many years, particularly after church festivals, a practice that past mayors and city managers approved. He said that, around Lent, he called someone in the City to sweep the parking lot as he had done in the past and, as requested, the City swept the lot. The Pastor told us that his maintenance man informed him that the current city manager may not continue the practice.

7. Interview of the Environmental Services Department Assistant Director

The ESD Assistant Director stated that sometime around Lent (March 5 through April 20, 2014), Mayor Robb called him at his office and requested that he assign a City street sweeper to sweep the parking lot of the Saint Ambrose Church prior to 6 a.m. the next day. He agreed to provide the service. He stated that the time was not an issue because street sweeping commences very early in the morning. However, as the street sweeper operator had already left for the day, he had to call him at home to tell him about the new assignment. The sweeper cleared the lot as Mayor Robb requested.

In anticipation of the OIG interview, the ESD Assistant Director researched his departments records but could not find a notation about sweeping the church. He stated that he took Mayor Robbs request as being told to do it. He did not immediately tell the ESD Director about her request, and he did not inform the City Manager. It was only sometime after he completed the assignment that the ESD Director became aware of the matter. He said that he could not recall any other such requests from Mayor Robb or the City Commission.

8. Interview of the Environmental Services Department Director

The ESD Director stated that, sometime in April 2014, the ESD Assistant Director informed him that he had authorized the sweeping of the Saint Ambrose Church parking lot pursuant to a direct request from Mayor Robb. The ESD Director said he recalled that the ESD Assistant Director had informed him that Mayor Robb made her request late on a Friday, and he (the ESD Director) learned of the request early the next week after the service had been rendered. He said he instructed the ESD Assistant Director to route all future extraordinary requests through the City Manager. He stated that he could not recall any time when he had authorized sweeping of the church or any other private property, nor could he recall such services being authorized by anyone else in the City, including the former mayor. He added that the City does not utilize its street sweeper to service private property, unless municipal activity caused debris


Page 18 of 22


to be deposited on the property, such as would result from underground utility repairs or adjacent roadwork. The ESD Director stated that he had heard that the Saint Ambrose parking lot may have been swept at one time, but he didnt know when or the circumstances. He said the cost to sweep the church lot would be a small job for a private provider, who he estimated might charge $200.

9. Interview of the Athletic Coordinator

The Athletic Coordinator stated that Davis transported a local Little League team to Tampa in July 2013. The Little League team is usually the only sports team that travels outside the tricounty area. He stated that Mayor Robb received or requested the original quote for transportation for the trip from Davis. He also stated that he forwarded the request for the trip to his supervisor, the PRD Director. He stated that the original quote was for less than $2,500, which is below the bidding threshold, and thus within the authority of the PRD Director to approve. The Athletic Coordinator said that the length of the trip was originally for two days, but because the team won, it was required to extend the trip another day. Thus, Davis submitted an additional request for $600.

10. Interview of the Purchasing Manager

The Purchasing Manager stated that in late 2013 or early 2014, while he was a member of a multi-departmental committee to conduct a citywide parking study to modernize the parking revenue and enforcement efforts, he received a telephone call from Mayor Robb. She wanted him to research the installation of parking meters at the Cove Plaza parking lot to generate City revenue and asked him to determine how much the City should charge for parking in that area. He advised her that parking fees were a City Commission policy decision and beyond the scope of his duties. However, the Purchasing Manager did tell her that he would look into information on parking systems. He stated that he later attended a City Commission meeting where Mayor Robb publicly commented on the request she made of him. The City Manager openly responded to her that she should have directed her request through him and not have gone directly to the Purchasing Manager.

The Purchasing Manager recalled another instance when Mayor Robb attempted to affect his duties without going through the City Manager. He could not recall when it was, only that he believed it was shortly after she took office. He stated that at the time, the City Commission had directed that staff conduct a feasibility study in contemplation of transitioning from the BSO back to a municipal police department, and he was in the process of researching and preparing the contract solicitation for the study. He said that Mayor Robb told him that she did not want a particular vendor to be permitted to bid on the solicitation or awarded the feasibility study contract. The Purchasing Manager said that the vendor she was referring to had previously provided services to the City, but he could not recall its name. He said he advised Mayor Robb that they would exclude no one from the solicitation or selection and that there would be no deviation from the standard procurement process. The Purchasing Manager stated


Page 19 of 22


that, after some research, the Commission declined to bid out the feasibility study and took no further action on the matter.

11. Interview of the City Manager

The City Manager stated that he was formally appointed to his position in September 2010. He expressed that he had a strained relationship with Mayor Robb.

The City Manager stated that, pursuant to the Charter, the Mayor and any Commissioner may make inquiries of City staff, but they may not direct or interfere in staff members job duties or assignments. He also stated that he knew of no instances when any other members of the City Commission attempted to direct the work of City employees. He stated he can and has cautioned Mayor Robb about her conduct, and he has directed his staff to let him know if she attempted to affect their job duties. He further stated that he believed that the City Attorney has also advised her about the prohibition against her directing the activities of City staff.

The City Manager said that the PDS Director had contacted him and informed him about a call Mayor Robb made to the Deputy prior to the May 6, 2014, Commission meeting. The Deputy told the PDS Director that Mayor Robb told or implied to him that he should go easy or lay off the dealership because they had donated money. The PDS Director added that Mayor Robb later called the Deputys captain and asked him to deliver a message to the Deputy to disregard their previous discussion. The City Manager said that Mayor Robbs call to the Deputy occurred after the OIG began its inquiry into the donations.

The City Manager stated that, sometime in October or November 2013, his office staff informed him that Mayor Robb had requested that the City issue a PRS sticker to the Pastor. He further stated that he did not intend on issuing the Pastor a PRS sticker, because they are only for elected officials and employees who are required to park their personal vehicles at City parking areas for City business. The City Manager repeated that he had a strained relationship with Mayor Robb and that she limited her interaction with him. Thus, it did not surprise him that she had bypassed him with such a request. The City Manager stated that, some days later at a City directors meeting, the PRD Director informed him that she had issued a PRS sticker to the Pastor at Mayor Robbs request. He said that he made a decision that since the PRS had already been issued, he was not going demand its return.

The City Manager stated that for many years, the City had an agreement with the church, recently formalized, to use its parking lot. In return, the City provided in-kind services but was not responsible for routine parking lot maintenance. The City Manager was aware that a City street sweeper had recently cleaned the church parking lot. He said that was not one of the services pursuant to the agreement and, had he been asked, he would not have authorized it.


Page 20 of 22


12. Interview of Mayor Jean Robb

Mayor Robb said she previously served as City mayor from 1980 to 1993. When OIG Special Agents read excerpts of the City Commission meeting minutes from May 6, 2014, regarding her receipt and disbursement of donations, she stated that a friend of hers called and told her that the owner of the Domani Motors car dealership had expressed interest in meeting with her. She said she did not recall the specific date or time she met with the Owner. Mayor Robb stated that she did not personally know him but knew he supported her mayoral opponent in the last election.

Mayor Robb stated that the Owner expressed his appreciation of the City and told her that he had previously given donations to many local causes and non-profits, such as youth sports and City events, and would again like to contribute to a local nonprofit that benefited residents. He asked if she had any recommendations, and she suggested FCI and the Historical Society.

Mayor Robb stated that she never suggested that the Owner donate any specific amount of money to either cause. She further stated that after their discussion, the Owners wife exited to another room and came back with two checks for $500 each, one for the Historical Society and one for FCI. After receiving the checks, Mayor Robb mailed them to each organization accompanied by a letter she authored on City stationery. In the letters, she told the charities that she arranged for the donations to be directed to them.

Mayor Robb stated that neither the Owner nor the dealership had any current or pending matters before the Commission. She also stated that she did not know whether Domani Motors or the Owner had any pending code enforcement matters.

Mayor Robb said that the Citys budget included a line item for contributions to FCI. In the current budget, it was $9,000, and she stated that she was recommending that the City increase funding to $20,000. In the past, the City has budgeted contributions to Historical Society, but in recent years, due to financial constraints, the City may not have budgeted any.

Mayor Robb stated that after she informed the City Attorney about her receipt of the donations, he advised her to complete a disclosure form noting the two organizations and to file it with the City Clerk.

RESPONSES TO THE PRELIMINARY REPORT

In accordance with Section 12.01(D)(2)(a) of the Charter of Broward County, a preliminary version of this report was provided to Mayor Robb and the City of Deerfield Beach for their discretionary responses. The OIG did not receive any responses.


Page 21 of 22


CONCLUSIONS

The OIG investigation found probable cause to believe that Mayor Robb engaged in misconduct when she attempted to use her position to obstruct City code enforcement efforts involving a local dealership that donated to her chosen causes. We found that Mayor Robb routinely abused her authority by directing staff members without the City Managers knowledge and approval. Given Mayor Robbs long tenure in her position, we must conclude that such abuse was not accidental. Such actions contravene the City charters well-considered safeguards separating the executive from the legislature. They also have a predictably coercive effect on employees and circumvent controls designed to protect public resources and maintain governmental accountability.

The OIG will be referring this matter to the Florida Commission on Ethics, and the City, for their independent assessment of the application of state and local ethics laws.


Page 22 of 22

OIG 14-017

EXHIBIT 1

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OIG 14-017

EXHIBIT 2

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Aimie Kay Tenner President Deerfield Beach Historical Society PO Box 755 Deerfield Beach , FL 33441

Dear Ms. Tenner

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- cause I determined . My first thought was for the Deerfield Historical Society, and I am enclosing his check in the amol!nt of 500 .00 for you to use to further your cause . I intend to honor him on May 20th at the commission meeting to express our gratitude for his kind contribution .

Sincerely,

Mayor .len n M. Hultlt

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Barbara A. Weinstein Ed. D.

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Dear Ms. Weinstein

I had the occasion today to meet with Michael Domani of Domani Motors who wished to ma.ke a contribution to .whatever worthy cause I determined. I thought ofour conven;;ation about the children who go hungry, and I a$ked him to make a contribution to your cause. Enclosed you will find his check in the amount of 500.00. I. am also pushing for the city to up its contribution to 20;000 for the upcoming year. I intend to honc:>r him on May 20th at the commission meeting to express c:>ur gratitude for his kind contribution .

Fondly,

. Jean M. Robb, Mayor

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OIG 14-017

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OIG 14-017

EXHIBIT 6

Jul 22 1~ 11 :10a Jean Robb 9544820117 p.2 l :l/lli:.!!Ht:J ~ t:J: lJ ~~qQ{~~~~~ I MVL.

/ De~ 7.22..13

Client A..dclresl

Nam~ &: r-:o. ~( C\mtatt NIDieofTolll'

Price Nmbt~: of lCJl'lc NamberofJuu

DAVIS TOURS

WWW.Davie'tolltS.CODI

P.O. BOX 16147 Ft. Lauderdale, I'L 33318

Olllce: 954.472.28S81'u: 9S4.4'i"2.gS38 Mqyor Jean Robb~sGn.y Derield Beac.'fl Jaa Robb -li 244.4ZZ.?W t F; "f.m.ou1 CatbleeD WiiUuns - t; 9J1.Z4.720 Tarupa $2,309 (2-D~-+ Reftlra Saturday) Sl,900 (3-Days -+ Return Sullday) $3,300 (4-Da)'! -+ Return Mcinda)') Plas Dmerts Gntaity & Hotel room 57PAX

TdpDatt6 Friday-7.26.13 ..,.DAVIS TOtJrtslS NOT RESPONSIBLE IFOR ITEMS LrWl' ON ANY BUS AfTIB FINAL DROJ:' O.FF"..,

"'~"'WJTBlN .10 DAYS ~llANATVRALDISASTER. nus CONTRA.C'fCAN BE CANCELLI.)) 4T ANY T.IMBAT nAVIB TOVRSSO'LE DISC.UT.IO~-

**'*WE WlL.L COMJIDER 11fiS T01Jlt COM.FIBMW ONLY UPON 011a RBCI!:R'T OJ' A D~l'OSJT & SlONE&COPY OF '11118 .L~n'Eil01' AGUIMENT,..6

"""YOV All lt.QPONSIBLE FOR DRIVER'S llOl'a.L R.OOM AND (lllATUITYPLEAS GIVJi GRATDITY DnutCTLY TO .blUVER'*.

*-DAVTS TOURS MAY SUBSnTUTE MtNJ BUSES AT ANYTI~ fOR ANY

LOCAL CJIARTER BOOJQJIIG OF_.. MOTORCOJ\CHU"

'"'"NO FOOD OR DRII,'IIKS AU.OWBD ON BUUSWJTHOUX' f'B!Oll AN\ANGEMENT""'"'

1: Initial Depollt: SSIO.GO with siged coDtraCl 2. Fiaal Paynaent: Balaaeedue by '7.25.13'

. Pltllt make checks DQJbleJS2 QAYIS TOURS, IN~. (:'ANtELLATI(m rtlYCY: Deposits areMy rvfu~e IfCBr1001fatlonls racelved 45 days prior h> departure. Len1han 45 cliiYS cancelation noRce wlf mult In fQifeit...ofdeposit. Any b~kitlgcanc.fed wilhil45 daya of departurt date vMI folfalt the cfepoalt along \Wh any nOIHeflmdable payment& mtde10 lheal~ln", hotl!ls, re51.auranta, eiC., if amclorcoach Ia cantefed '.MthlB 2weeks ofdeparhn; there wU bee 50" offull t:XJnttact priCe assaument fee. We Slfon9ly recommenctthe purchBBe of cancelllllon insurance. This prioe ra varld ooly for 7daya derrecerpt of oon~. The wnltactmtJst becon1ilmed, signed ano

returned fD Davis Tou!$ 'Mth the required deposit to be valid. Wltho\lt signature, conftnnati

oi g 14017 robb final report 110714

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