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Nov 15, 2007 5:44 pm US/Eastern
Probable Cause Found In Timoney Fee Free Car Deal
MIAMI (CBS4) ―
Three months after a
CBS4 News revealed that Miami Police Chief John Timoney was receiving the use of a luxury SUV at no charge; the Miami-Dade Ethics Commission has found probable cause to believe that Miami's top cop has broken the law.
"One of two things will happen now," said Robert Meyers, Director of the Miami Dade Ethics Commission, "either a settlement that the Ethics Commission could agree to, or there will be a hearing."
Neither Chief Timoney nor his attorney attended Thursday's meeting. Timoney did not fight the probable cause determination but sent the commission a statement saying that he "reserves the right to a full hearing on the merits."
Chief Timoney accepted free use of a Lexus SUV from Lexus of Kendall for more than a year, a deal exposed by a
CBS4 News investigation in August of 2007.
At the time, Timoney insisted he did nothing wrong, however, he did ask the commission for an opinion. The commission said no, that it was too late. It added that the time for someone to request such a motion would have been before anyone engaged in a manner that might be considered unethical.
The commission decided to press ahead into the probe of whether the police chief violated ethics laws.
Miami Police Department policy says members "shall not accept gifts, fees, goods or services". The law states public officials must report gifts valued at more than $100 and officials say he failed to report this particular gift, however, he contends that this wasn't a "gift".
With the formal accusation of probable cause, public documents accumulated in the Timoney probe, including a sworn statement to an ethics prosecutor about the day the Lexus dealership gave him the SUV, will be released.
Question: Did they make you sign anything before you drove off the lot, do they just give you the car, or do did you have to sign some documents?
Answer: No, just test drive it.
Question: And you didn't have to sign anything?
Answer: No.
Question: Did they indicate to you when they wanted it back at any time?
Answer: No.
Question: So just an open-ended test drive as long you want, was that your understanding?
Answer: Well, they said: Test drive it and see how it is.
Timoney bought the Lexus SUV after
CBS4 News aired
reports on his "free ride."
Thursday, the President of the Police Officer's Union applauded the finding of the county's Ethics Commission.
"I think it was obvious that he was receiving something he wasn't entitled to and he hasn't reported," said Armando Aguilar, President of the regional Fraternal Order of Police. "Being the Chief of Police, he has to set an example for all the other officers in his department. He clearly set the wrong example."
Aguilar has called for Timoney to step down; given that the Ethics Commission found "probable cause" that the he broke the law.
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