Feb 1, 2008 7:45 pm US/Eastern
Chief Timoney A No-Show At CIP Hearing
CIP May Seek Contempt Of Court Citation Against Timoney
MIAMI (CBS4) ―
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Miami Police Chief John Timoney
CBS News
One day after Miami Police Chief John Timoney was fined and reprimanded by an ethics committee for his free use of a luxury SUV, he was a no-show at a Civilian Investigative Panel hearing despite the fact that he was ordered by a judge to testify.
Timoney believes the CIP, which probes complaints about police and investigates police wrongdoing, does not have jurisdiction over him, and the city's top cop is asking a judge to quash their subpoena.
The CIP suggested that it will seek a contempt of court citation against the chief.
Unlike Thursday's Miami-Dade County Ethics Commission decision to fine and reprimand Timoney, the CIP is conducting a broader investigation into whether he violated his own department's policies in accepting the free car.
The CIP first subpoenaed chief Timoney on November 30th, 2007 and a hearing was set for December 6th but he backed out the day before he was set to testify.
A second subpoena was issued December 10th. He showed up for a CIP meeting a week and a half later and stated he was there of his own volition and not because of the subpoena. He went on to say that he believes the CIP does not have jurisdiction over him and he refused to testify or produce any of the documents identified in the subpoena.
The CIP wants Timoney to turn over hundreds of pages of records related to a city probe into his free use of that luxury Lexus SUV. He has not turned over any of the records.
On January 4th, Miami-Dade Circuit Court Judge Victoria Sigler ordered Chief Timoney to comply with the CIP's subpoena. He still hasn't done so.
Thursday, Timoney was fined $500 plus costs and given a written reprimand by the ethics commission over his free use of a $54,000 sport utility vehicle for more than a year. He also will lose a week's pay.
Timoney said in a statement he will abide by the decision from the Miami-Dade County Ethics Commission but insisted he was not guilty of misusing his position or corruption.
"It is now time to move on and put this episode behind us," said Timoney, who pleaded no contest to the allegations. "We have much great work to do in the Miami Police Department and we must now get on with it."
In response to the commission's decision, Timoney issued a public statement:
The Miami Dade Commission on Ethics has met and rendered a decision on the issue with the Lexus SUV. I stated originally, when this whole incident started, that I would abide by whatever decision the Ethics Commission arrived at; and that is what I intend to do.
The commission decided on a $500 fine for failure to report the Lexus, their costs, and a reprimand. Contrary to what has been reported on WFOR, I have fully cooperated with the Commission on Ethics, I gave voluntary statements and I stipulated to all of the facts.
Also, let it be clear that this case is solely about filing a gift disclosure form. I have paid full price for the car. There are no issues of misuse of office or corruption.
Chief Timoney mentions in his statement that CBS4 has reported he did not cooperate with the County Ethics Commission, referencing a report which aired Thursday, January 24th.
In that report, CBS4 did not say the Chief was not cooperating, stating only that he was, at that time, refusing to accept the public reprimand and fine.
"He denies any wrongdoing whatsoever, and I think it's important for us to reflect that," said Judge Seymour Gelber, of the ethics commission.
Click Here to read the formal reprimand of Miami Police Chief Timoney.
Timoney did eventually pay full sticker price of $54,000 for the Lexus RX Hybrid SUV. In addition to the fine and reprimand, Timoney must pay $342 in administrative costs.
Miami city officials later announced that Timoney would be docked a week's salary, which comes to more than $4,300. City Manager Pete Hernandez actually ordered forfeiture of two weeks' pay, but decided to subtract $4,500 in contributions Timoney has made to several charities.
"He committed a serious error in judgment," Hernandez said. "But it did not effect the overall functioning of the department."
The letter of reprimand says that Timoney should have disclosed the SUV as a gift on ethics forms after he was approached in June 2006 by the Lexus of Kendall dealership about a "test drive" that lasted until August 2007.
The dealership, which does not do business with the city, also picked up the insurance costs. Hiding such an arrangement "violates the trust between public officials and the citizenry they serve," the reprimand letter said.
"Any reasonable person receiving such a benefit would consider it a 'gift' in the ordinary sense of the term," the letter added. "He has no one but himself to blame for failing to follow a simple rule."
Following the actions by the Ethics Commission, Miami Commissioner Tomas Regalado called for Timoney to resign saying the actions of the Miami Police Chief must be beyond reproach and it would be in the best interest of the people, the city and the Miami Police Department if Timoney stepped aside.
The ethics probe into Timoney's actions was launched after a CBS4 investigation revealed that the chief had accepted the free use of that luxury Lexus SUV from Lexus of Kendall for more than a year.
The incident triggered a no-confidence vote in September by the Fraternal Order of Police, which called for the chief's ouster. But Miami city officials have stood by Timoney, who was previously a top police official in Philadelphia and New York.
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