Apr 23, 2008 9:28 pm US/Eastern
Stakes Go Higher For Chief's "Free Ride"
Panel Rules Timoney May Have Broken Ethics Laws
Timoney Did Not Respond To Requests To Comment On This Story
MIAMI (CBS4) ―
Florida's Commission on Ethics Wednesday found Miami Police Chief John Timoney had violated state law by accepting the free use of a luxury car and failing to report it.
As
CBS4 News reported they would last week, the commission found Wednesday that there was "probable cause" that Timoney broke ethics laws that require public officials to report "gifts" valued at more than $100.
A
CBS4 investigation exposed the chief's free ride last August. Lexus of Kendall executives allowed Timoney to drive the car, free of charge, for 15 months. The open-ended "test drive" was part of a marketing ploy, the company said, utilizing "high profile" public figures.
In bringing the formal allegation against Timoney, the Florida Commission on Ethics rejected his argument that the free Lexus didn't constitute a "gift." The advocate – or prosecutor – for the commission said it "cannot be seriously argued that free use of a new Lexus SUV for over a year, including insurance, does not constitute" a "gift" under Florida law.
The Miami-Dade County Commission on Ethics earlier found Timoney violated county and state law by failing to report the free Lexus. The county panel fined the chief $500 – the maximum – and issued a letter of reprimand.
The state commission, however, has the authority to impose much more severe sanctions. It can levy fines up to $10,000 per violation and even recommend an official be removed from office.
Timoney can now attempt to negotiate a plea deal with commission staff, or he can request an evidentiary hearing - a trial of sorts.
The Florida Commission on Ethics acted on a
complaint brought by former Miami Police Chief Kenneth Harms in reaction to the
CBS4 News investigation of Timoney's free ride.
Click Here to read the order given to investigate Timoney.
In bringing his complaint, Harms wrote "If we accept integrity as a commitment to do the right thing, when we believe no one is watching, then Chief Timoney failed the test.
Click Here to read the investigative panel's findings.
The Advocate's Recommendation
When
CBS4 News first inquired about Timoney's Lexus, the chief insisted through a spokesman that he was paying for the car; "leasing" it.
But when
CBS4 News proved through motor vehicle records that he could not be paying for the SUV, Timoney acknowledged the "test drive."
Click Here to read the State Ethics Commission 'probable cause' finding that Timoney broke ethics laws.
Timoney remains under investigation by Miami's Civilian Investigative Panel. The group, charged with investigating alleged police misconduct, wants to know to what extent Timoney may have violated his own department's policies by accepting the Lexus.
Timoney's department also remains under investigation by the Florida Department of Law Enforcement and the FBI. The criminal probe is into allegations that the department has doctored crime statistics to make the city appear to have less serious crime than it actually does.
Timoney did not respond to our requests for comment on this story.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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