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MIAMI (CBS4) ― The former head of Miami Police is asking for an investigation on the current chief and his use of a free luxury SUV from a local dealership.

CBS4's Gary Nelson has learned that a sworn complaint has been filed with the State Ethics Commission, over his free use of the luxury Lexus SUV.

The complaint was filed by former Miami Police Chief Kenneth Harms, who served in the department for twenty-six years.

Harms complaint to the state accuses Chief Timoney of violating multiple provisions of Florida law governing acceptance of gifts by public officials.

Timoney acknowledged that he accepted free use of the Lexus for more than a year, after a CBS4 investigation proved he could not be paying for the car as he first claimed.

Harms filed his formal complaint with the state Tuesday morning.

"I think it's very clear in the statutes that what he did was not only inappropriate, but violated the law and it certainly violated numerous rules and regulations of the police department that he is sworn to enforce," Harms told CBS4'S Gary Nelson.

The complaint to the State Ethics Commission over the police chief and his free car, follows a Miami-Dade Ethics Commission probe already underway, prompted by the CBS4 investigation.

In addition, Chief Timoney now faces potentially serious fines and penalties.

County ethics officials are very limited in the punishment they may impose for ethics violations and their actions are largely symbolic.

The State Ethics Commission, however, can potentially assess fines of tens of thousands of dollars and even order suspension or removal from office.

Click Here for the Florida Commission on Ethics Complaint Process

Last week, CBS 4 reported that the Miami Dade State Attorney's Office of Public Corruption is reportedly making inquiries about Timoney's fee free car deal.

According to CBS4'S Gary Nelson, sources say the inquiries by those public corruption investigators may be a prelude to a formal criminal investigation.

This information came on the same day that Chief Timoney came under further attack from the Miami Fraternal Order of Police which leveled new accusations against him.

The President of the Miami FOP, Detective Armando Aguilar, said Timoney permitted crime statistics to be altered to reflect a lower crime rate.

"A burglary changed to a theft, another assault changed to a disturbance, another assault changed to a disturbance, a robbery changed to a theft," said Aguilar at a Friday morning news conference

The union produced police reports and dispatch logs that support the claim that crime stat have been doctored under orders from commanders who are under intense pressure to present a rosier picture no matter what.

Timoney called the charges "pretty serious" and fired a preemptive strike when he called for an independent probe into the union's allegations.

"I'm going to request an outside agency to come in and do an independent audit of how we track our crime statistics," said Timoney.

He says a perception has been created that he got something for free in the SUV deal.

"I kept that vehicle for too long, because there's a perception that's been created that somehow I was getting something for nothing," said Timoney.

The officers' union didn't agree that the issue with the Lexus is only about perception.

"He not only accepted the gift but failed to report it and was untruthful when first questioned about it. These are severe violations to our departmental orders," said FOP President Armando Aguilar.

Timoney insisted he broke no laws but acknowledged that his use of the Lexus RX Hybrid provided by the Lexus of Kendall dealership raises ethical questions. Timoney has asked the city manager and the city's ethics board to determine if he did anything wrong.

Chief Timoney also said during a news conference last week that he doesn't plan to resign over his controversial car deal especially since he paid for the SUV, at full sticker price.

"I work for the manager and the mayor," said Timoney. "They will determine my future, so let's see what it is."

City Manager Pete Hernandez says he'll await the results of an ethics investigation, and Mayor Manny Diaz told us he has already corrected his mistake. There are no apparent plans on his end to fire the chief.

"He made a mistake, he's admitted his mistake, he's corrected his mistake," said Diaz.

The Florida Department of Revenue has also opened an "inquiry" into Timoney's free use of the luxury SUV.

In addition, Miami's Police Union will vote on September 4th on whether to declare a lack of confidence in their leader.

Timoney said Thursday that it's not uncommon for organizations like FOP to call for votes of no confidence and in no way, shape or form does he plan to resign.

The Chiefs Of The Miami Police: A Retrospective

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