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Sep 3, 2008 2:39 pm US/Eastern
Miami Police Chief Ordered To Cooperate With Panel
MIAMI (CBS4) ―
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Miami Police Chief John Timoney
CBS News
An appeals court has ruled that Miami Police Chief John Timoney is subject to investigation by the city's Civilian Investigative Panel and must comply with the group's subpoenas for sworn testimony.
The Third District Court of Appeal in Miami ruled Wednesday that Chief Timoney, like any other cop, falls under the jurisdiction of the panel that is charged with investigating alleged wrongdoing by police officers.
The CIP was among several agencies that launched probes of the police chief after
CBS4 News revealed his free use of a $54,000 Lexus Suv, courtesy of Lexus of Kendall. The Chief drove the car for free for more than a year in what the dealership said was an effort to market its hybrid SUVs by having "public officials" drive them. After
CBS4 News exposed the chief's free ride, Timoney bought the car.
When the CIP attempted to investigate the police chief last year, Timoney appeared before the panel just long enough to say he didn't believe they would "have the chutzpah" to investigate him. Timoney refused to comply with the CIP's subpoena for his testimony and documents connected with the investigation. When Miami Circuit Court Judge Victoria Siegler ordered the chief to cooperate, he appealed to the higher court that rebuffed him Wednesday.
CIP General Counsel, Charles Mays, told
CBS4 reporter Gary Nelson the appeals court ruling is a major victory for civilian oversight of police behavior.
"It means when Timoney, or any other police chief gets a subpoena in the future, they darned sure better comply," Mays said.
The CIP went ahead with its investigation this year despite the police chief's protests, finding Timoney guilty on six out of eleven counts of violating state and county laws and his own department's policies against accepting gifts and being untruthful. The panel found the police chief was not truthful when he first told
CBS4 News that he was paying for the Lexus luxury car, and later in sworn statements made to other agencies investigating the Lexus affair.
Timoney was fined and reprimanded by the Miami-Dade County Commission on Ethics last year and also rebuked by the Florida Commission on Ethics.
The police chief had argued, unsuccessfully, that he didn't believe the free Lexus was a "gift" under state law, and he didn't have to report it. The county ethics commission found that Timoney's argument was "disingenuous and without merit."
In addition to the findings against him by the ethics commissions and CIP, Timoney received a letter of admonishment from City Manager Pete Hernandez who docked the police chief a month's pay.
Timoney, who enjoys the support of Mayor Manny Diaz, has been able to fend off calls from the Fraternal Order of Police for his dismissal. The officers' union voted "no confidence" in Timoney last year with 81% of the members saying they didn't support his administration.
Miami City Commissioner Tomas Regalado has also called for the Chief's removal, saying Timoney has lost the ability to effectively leas his department. Regalado, a candidate for Mayor, told
CBS4's Nelson, "The police chief can never discipline one of his officers for breaking the rules, after having ignored the rules himself."
Since the
CBS4 investigation that revealed his free wheels, Chief Timoney has steadfastly refused to respond to requests for comment from
CBS4 News.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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