City attorney busts her budget 3 years running
Saturday, September 5th, 2009Posted on Fri, Sep. 04, 2009
Coral Gables Gazete - link to original article
As of Aug. 13, with six weeks left to the end of the 2008-2009 Fiscal Year, according to official records Hernandez had already spent $623,737.34 on outsourcing legal expenses. These annual “services” were budgeted at $500,000 in the city’s mysterious budget category called “Non Departmental Expenses.”
By George Volsky
georgevolsky@aol.com
For the third consecutive year, outside legal expenses of Coral Gables Attorney Elizabeth Hernandez will have a substantial deficit which adds to the woes of the cash-starved city. As of Aug. 13, with six weeks left to the end of the 2008-2009 Fiscal Year, according to official records Hernandez had already spent $623,737.34 on outsourcing legal expenses. These annual “services” were budgeted at $500,000 in the city’s mysterious budget category called “Non Departmental Expenses.”
By Sept. 30, when the current fiscal year ends, Hernandez’ expenses for outside legal services (her regular budget is well over $700,000, of which she personally gets more than $300,000) could reach $850,000, if not more. In FY 2007-2008, she overspent $180,189.12, and in FY 2006-2007 she over-budgeted by $504,844.14, the documents show. Therefore, her office’s three-year deficit spending could reach more than $1 million, the largest of all departments. Hernandez herself is the highest paid city employee: Her salary, benefits and “add-ons” are almost twice the size of what Secretary of State Hillary Clinton receives.
The budgets of the city departments – except of the city clerk and of the city attorney – are supposedly closely supervised by the city manager through his finance director. They have to be strictly adhered to, as Finance Director Don Nelson told commissioners at a recent budget workshop.
But for years they never were. Under David Brown, practically all departments, especially those headed by his favorites, were brazenly undisciplined, fiscally and administratively. Annual budgets routinely, and perhaps purposely, had over 30 unfilled positions, money which formed a slush fund of sorts. That cash was used by Brown to cork up large fiscal leeks and to pay for such expenses as his junkets, his infamous wining and dining and, on one occasion, a birthday cake for himself.
The operations of Hernandez’s office, on the other hand, under city regulations are said to be supervised by the commission which hires and can, by the three votes, fire the city attorney. While City Manager Patrick Salerno has ordered his deputies – not strongly enough according to most observers – to tighten their belts (this week city’s Code Enforcement section receives new costly electronic equipment), Hernandez has run her shop without fiscal restraint. As far as anyone can recall, not one commissioner – let alone Mayor Don Slesnick – has ever expressed concern about the cost of her operation, about the amounts she asks the city to pay law firms, indeed about the wisdom and professionalism of initiating extremely expensive legal actions.
According to many legal experts, under Hernandez as its attorney Coral Gables has become extraordinary litigant. Clearly, some lawsuits are forced upon the city, requiring professional response and thus outside experts — Hernandez has not been known to participate in legal work of even medium complexity. But in numerous cases, under her direction and without the commission’s voicing any worry about cost and outcome, the city has doggedly litigated, when most prudent course would have been to settle.
One such major case involved former purchasing director Carmen Lezama. After a lengthy and, experts opined, useless and bitter legal battle, Hernandez was forced by the insurance company to surrender and pay a large settlement fee. Another example, noted in the current fiscal year, was the losing American Legion case, which Hernandez pursued, many thought, unwisely, and on which Coral Gables spent in this FY $22,000.
The case of the Coral Gables Country Club, involving Granada LLC, the club’s former managing company, cost the city this fiscal year so far $218,000, adding to at least that much in 2008 and 2007. Because the litigation has a long way to reach the courtroom, the final cost could be astronomical. James Crosland, Hernandez’s hand-picked labor lawyer has billed the city thus far in this fiscal year $220,000. Again, his total for 2008-2009 fiscal year could be much higher come Sept. 30, and nobody knows who supervises his work.
There was also a payment of $1,500 for “services” to a law firm that employs an attorney who earlier this year represented Hernandez before the Miami-Dade County Commission on Ethics, in a private matter. Hopefully, the unexplained charge involves city work; the question which will be resolved when her office provides particulars of the “services,” public records requested more than two months ago.
There are several large payments made by Hernandez to firms for “general professional services,” a vague description which offers no hint as to what Coral Gables residents have paid for.
There is one bizarre charge: Hernandez paid $536 to a lawyer apparently to observe the commission’s meeting, a large sum given the session’s limited entertainment or educational value.
The city’s budgetary “Non Department Expenses” category is also bizarre: it began in fiscal year 2008-2009 with $1,018,500 and ended with $1,927,000. At a recent budget workshop, Nelson did not explain what that extra $900,000 was for. In the current FY – as in FY 2009-2010 “Non Department Expenses” appropriation of $1,628,000 – there is other unexplained expenses: $200,000 for “Other Professional Services,” $25,000 for “Other Miscellaneous Expenses,” as well as $20,000 for “Other Grants and Aids.”
The strangest of all, for the first time ever and also without elaboration there is $355,000 for “Employee Sick/Annual Leave Payments.” Fiscal discipline demands that expense be included in the wage part of each department’s budget.