Miami taxpayers could be on the hook for City Commissioner Joe Carollo‘s frivolous and ridiculous lawsuit against the mayor, city clerk and others to take the strong mayor referendum off the ballot. They could be billed for his political stunt.
The lawsuit was dismissed — practically laughed out of court — in an 18-page ruling Saturday by Miami-Dade Circuit Court Judge Miguel M. de la O, who said that Carollo’s arguments had no merit. Not a single one. He basically called Carollo a sore loser who, having lost the vote at the dais when the commission voted to put the question on the ballot, turned to the courts.
Read related: Judge calls Joe Carollo sore loser, rips apart strong mayor lawsuit
Carollo has 30 days to appeal, though in matters of elections the courts want things expedited and the fact he hasn’t appealed yet indicates he took his spanking hard. But whether he appeals or not, the legal costs incurred so far can be estimated at between $25,000 and $80,000, depending on how many attorneys he had “consulting” on it. That could include Tania Cruz, the daughter-in-law of Miami-Dade Mayor Carlos Gimenez, who got an email exactly two minutes and three seconds after the court’s online system confirmed receiving the case from lead attorney Jesus Suarez.
Suarez, who works for the Genovese Joblove & Battista law firm, doesn’t work for free and someone is going to have to pay him for his work.
“No payments have been made at this time,” City Attorney Victoria Mendez told Ladra after I asked. Keywords: At this time. That doesn’t mean that he won’t be paid in the future.
Read related: Joe Carollo files late campaign report, with $60K for mayor’s daughter-in-law
And, in fact, he could be paid from city funds after all. Carollo filed the lawsuit as a city commissioner, not as a citizen or as a voter. The first line of his emergency complaint says so.
“Plaintiff/petitioner JOE CAROLLO, as an individual and as a commissioner in the City of Miami, Florida, sues Defendants/Respondents …” The keywords there are as a commissioner.
Que descarado! That’s what’s called trying to “achieve standing” so the city would be on the hook — meaning he would be making taxpayers would be funding this political feud.
Is he going to do this every time he loses a battle on the dais? Every time the other commissioners vote against him, is he going to take it to court and make taxpayers foot the bill?
That could get very expensive.

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A Miami-Dade judge on Saturday ripped apart, er, ruled against a lawsuit filed by Miami Commissioner Crazy Joe Carollo in an 18-page spanking, uh, decision that basically calls him a sore loser who ran to the court after he failed to get his way on the commission.
Carollo is against the strong mayor referendum that city commissioners voted to put on the ballot in August. He was joined by Miami-Dade Mayor Carlos Gimenez, who has gone on TV and radio against the measure, so it’s a defeat for him as well.
“The essence of the matter before the court is that Commissioner Carollo opposes changing the governing structure of the City of Miami to a strong mayor form of government. In his role as City Commissioner he argued against the issue being presented to, and decided by, the voters in the form of a ballot referendum,” wrote 11th Circuit Court Judge Miguel M. de la O in a final summary judgement for Mayor Francis Suarez and the other defendants in Carollo’s stunt, er, legal challenge.
Read related: Gimenez clan involved in Joe Carollo lawsuit vs strong mayor
“He now asks this court to declare the referendum illegal for a number of reasons, none of which have merit,” the judge continued in his intro. “The question of how the City of Miami should be structured is at its core a political one. Therefore, Commissioner Carollo must rely on his powers of persuasion to convince the citizens of Miami as to the folly of a strong mayor form of government, if it is indeed folly.”
Wait, powers of persuasion? Who says a judge can’t be funny?
De la O didn’t let Crazy Joe use his “powers of persuasion” in court even though Carollo, in true form, “sought to take dozens of depositions, and subpoenaed in excess of 30 witnesses to the October 5, 2018 hearing, all of which this Court deemed unnecessary.”
In other words, nananina said the judge, cutting Crazy Joe off before he could start.
He lays into Crazy Joe and fails all of his counts on what apparently amounts to a frivolous and ridiculous lawsuit:

The ballot language is, indeed, abundantly clear and complete on the purpose of the referendum and not misleading, the judge said.
The petition signatures do not need to meet Miami-Dade standards that are not required by the city of Miami charter and, even if they did, the city commission placed the referendum on the ballot, not the petitions, so that is a moot point.
And the complaint about the pay formula is not only moot, because that’s not the purpose of the measure, it also “misses the mark,” wrote de la O. “First, there is in fact a pay formula now, it is whatever manner and amount the Mayor is currently paid. Commissioner Carollo’s counsel stated at the hearing that the Mayor’s salary is set at the discretion of the Commission. That is a pay formula. It may be purely discretionary, but a discretionary formula is no less a formula.”

In other words: “Duh.”
Was it intentionally ridiculous?
If not, this should be a huge embarrassment for the attorneys because the lawsuit apparently doesn’t have a single leg to stand on. The judge laughs at it throughout the ruling, says that a comparison to a Leon County case under appeal was “remarkably different” and pokes so many holes in it that it almost seems like it was intentional. Like a parody of a lawsuit.
Read related: Joe Carollo files late campaign report, with $60K to mayor’s daughter-in-law
If it is, this could be fraud. Ladra can’t help but wonder how much was paid to Jesus Suarez, the lawyer whose name it is under who filed it, and maybe also Tania Cruz, Mayor Carlos Gimenez’s daughter-in-law — the one who got paid $60,000 for “mailers” during the campaign. She was likely advising Carollo on the matter, as evidenced by an email from Suarez to both Tania Cruz and her husband CJ Gimenez two minutes after the lawsuit was filed. “Done,” it said.
The public also needs to know who paid for it?  Someone is paying Suarez, at the Genovese, Joblove & Battista law firm. Five other firm emails were ccd as was Carollo campaign attorney Benedict Kuehne. They are not doing this for free. Is Cruz making more from a political action committee? Maybe her Papi-in-law’s PAC this time?
When Ladra first asked City Attorney Victoria Mendez if the city had paid the attorney, she wrote back “No payments have been made at this time.” Which sounded like the city could be paying for this frivolous lawsuit sometime in the future. So I asked again and got the same answer. “There are no records responsive to your request. The City is not paying Mr. Suarez at this time,” she wrote again.
What does that mean?
Neither Carollo nor Suarez returned several calls.
Ladra challenges Joey Flechas or Doug Hanks (since the Gimenez clan is involved) to find out what this lawsuit really was. Payoff to someone for something? Propaganda maybe?
Because the one thing it’s apparently not is a legitimate legal challenge.

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People watching the City of Miami meeting last week were surprised when Commissioner Joe Carollo went with the majority and voted against the very contract he helped negotiate with Ultra Music Festival organizers, even after getting everything he demanded.
The three-day electronic music event was kicked out of Bayfront Park, its home the past 18 years, when commissioners voted Sept. 27 unanimously not to renew their contract for next year. They cited the noise and traffic bothering downtown residents as their prime concerns.
But in reality Carollo is just trying to trade in one noise and traffic nightmare for another: Formula One racing. He thinks that if he can appease the downtown residents on Ultra — there, I did that for you — then it will be easier to sell the Miami Grand Prix.
Read related: Joe Carollo files late campaign report, with $60K to mayor’s daughter-in-law
And he’s doing it for his new BFF, lobbyist CJ Gimenez, son of Miami-Dade Mayor Carlos Gimenez. CJ represents Formula One racing interests.
But what people need to know is that its not apples for oranges.
Yes, the Formula 1 racing would likely not extend into the wee hours of the morning like Ultra does. But the noise is arguably worse and the traffic is still going to be a nightmare. And the agreement negotiated so far with the city manager provides far less rent to the city than Ultra, whose organizers had agreed to pay $2 million annually to the city for the three day use of the park, a demand Carollo had made.
Read related: Why is Joe Carollo on Mayor Carlos Gimenez’s camp’s payroll
But Carollo and the Gimenez clan have a very special relationship. It’s a relationship where Mayor Gimenez was paying him $6,000 a month through his political action committee — for what? nobody knows — and where Crazy Joe paid the mayor’s daughter-in-law Tania Cruz, an attorney, almost $60,000 for mailers and campaign work. Both CJ and Tania, photographed right at a 2017 campaign event, were very present during Carollo’s commission contest and Cruz helped represent him after Alfie Leon challenged his residency.
Yes, it was an anonymous vote to deny Ultra another year. But Carollo was the one who negotiated and brought the contract to the table. Was it sabotage? Did he bring a poison pill?
Why wouldn’t he make it easier for his pal CJ to get Formula One passed? Todo en familia.

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Authorities need to investigate the latest campaign finance report filed Monday by Miami Commissioner Joe Carollo, and not because it’s several months late, for which the commissioner should be fined.
One expenditure on the campaign termination report — which closes out the account for the 2017 campaign — smells questionable and should raise eyebrows in law enforcement circles: A $59,820.47 payment for mailers to Tania Cruz on November 20.
Tania Cruz is not a campaign consultant who does mailers, even though she billed almost $100,000 total to Carollo’s campaign for just that. She is an attorney who also got $1,300 paid in the same Carollo report for legal fees, and, more importantly, the daughter-in-law of Miami-Dade Mayor Carlos Gimenez. She is married to the mayor’s lobbyist son, CJ Gimenez, who has become nearly a fixture in Carollo’s office. She was emailed by Carollo’s attorney against the strong mayor referendum two minutes after he received confirmation the case was filed.
Read related: Mayor Carlos Gimenez clan involved in Joe Carollo lawsuit vs strong mayor
She is also, however, the rumored girlfriend of Alex Diaz de la Portilla, (remember that Boston Police caught them smoking in a hotel room together?) who is said to be the real author behind some of Carollo’s more hateful mailers calling Tommy Regalado a communist and  Zoraida Barreiro a whore.
But those mailers would have been sent weeks earlier, like when Tania Cruz (photographed here talking to Carollo’s wife on the campaign trail) got $3,382 on October 13 or $5,640 on October 23 or $5,880.60 on October 25. At the very  least, they would have been covered by the $17,998 paid on November 6, which was when both Regalado and Barreiro were eliminated anyway.
That’s a total of $39,900 to Tania Cruz (aka Alex Diaz de la Portilla) for the first round.
But another $60K would have covered, more or less, 10 mailers, according to sources who are legitimate vendors and do this kind of thing for real. Ten mailers sent between November 6 and the runoff Nov. 20 against Alfie Leon? Seems unusual, at best, a complete fabrication at worst, that there were 10 negative mailers sent.
Read related: Gimenez family hit in Senate campaign… ADLP’s wag the dog?
“It seems calculated, like that was exactly what was left over at the end of the campaign,” said one legitimate campaign consultant who knows what he’s talking about.
“It’s a shell game. No way they sent 10 mailers at the end like that,” said another.
So what did that money really pay for? Or who did it really go to?
Mail is pretty easy to track down and prove. Even the United States Postal Service should have records. This should not be a difficult thing for the State Attorney’s Office to look into.
Or maybe it can be the 18th complaint against Joe Carollo at the Miami-Dade Commission on Ethics and Public Trust?

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There’s no mention of them in the lawsuit filed Tuesday by Miami Commissioner Joe Carollo against the city and Mayor Francis Suarez in an attempt to stop the strong mayor vote, but the county mayor’s family is involved.
While the emergency complaint for declaratory and injunctive relief was filed in Miami-Dade 11th Circuit Court by Jesus Suarez, an attorney with Genovese Joblove and Battista, an email shot out that very night shows who had to be notified as soon as possible: Tania Cruz, the mayor’s daughter-in-law, and Carlos Gimenez, who could be the mayor’s lobbyist son or the mayor himself — but there’s really no difference as evidenced by last month’s elections interference.
The email was sent just before midnight, two minutes and three seconds after Suarez got notice of the filed documents. It had only one word in it: “FILED” All in caps. Like “DONE” or “MISSION ACCOMPLISHED.” Like he is reporting to his real boss.
Genovese Joblove and Battista has long been affiliated with Gimenez and once employed his other daughter-in-law, Barby Rodriguez.
Cruz, who is married to the mayor’s lobbyist son, was the attorney of record for the Carollo campaign and represented him, alongside Ben Kuehne, during the challenge to his district residency brought on by Alfie Leon. Is she consulting now, too?
And CJ Gimenez, the lobbyist son that this is probably addressed to, has been with Carollo since the campaign and now beyond, helping him get an extension from Papi as head of the county elections department for the wording on the strong mayor ballot question and, now, helping Carollo challenge the measure in court.
The lawsuit — which also names Miami City Clerk Todd Hannon, Miami-Dade Elections Supervisor (by proxy) Christina White and the political action committee Miamians for an Independent and Accountable Mayor’s Initiative as defendants — argues that the “ambiguous and intentionally misleading” ballot language doesn’t clearly tell voters what the mayor’s compensation will be under the strong mayor change (watch this become the crux of an anti campaign) and other changes that take power away from the commission. It also argues that the petitions themselves are invalid because some of the circulators are not registered Miami-Dade voters, as required by county code.
Read related: Carlos Gimenez abuses power in election interference for lobbyist son
Interesting  points that seem to have merit. Ladra is not sure she likes the strong mayor idea, either. I mean, look how great it’s been for the county. And the Suarez version is even more powerful and convoluted (more on that later).
But I’m more interested right now in how deeply involved Miami-Dade Mayor Carlos Gimenez is in this fight. And why?
First he abuses his power to intervene in the elections process on behalf of his lobbyist son and Carollo, getting the commissioner a one week extension because Carollo thought he could kill the referendum measure with time. Gimenez didn’t get the extension for Suarez, who had previously sought an extension of a few days but was told he couldn’t have one and wanted to have the ballot language approved at a special city commission meeting Aug. 6. No, he did that for Carollo, who still couldn’t deliver even after Gimenez took over the elections department and deemed himself the elections supervisor.
And now the Gimenez family is behind, er, um, consulted on a lawsuit against the ballot measure.
What lengths will Gimenez go to on this issue? Isn’t it too bad he’s not as passionate about rail?
A Getty miage captures a much happier and friendlier Francis Suarez and Carlos Gimenez on Marlins opening day.
Is this just an opportunity to muddy Suarez on behalf of Carollo and his son’s career, or is there something more personal at stake? Las malas lenguas say Gimenez has long thought about running for Miami mayor after he is termed out at the county in 2020. Is this the tailgate party? But then, wouldn’t he want the strong mayor measure to pass.
Some political observers believe it’s going to pass anyway, given Miami’s sewn-up vote, and that this presents Gimenez with an opportunity to muddy Suarez while allowing for the strong mayor vote to pass and then using the younger mayor’s inexperience against him in 2021.
It could happen. God help us. At least it is one explanation behind the Gimenez clan involvement in this lawsuit. Have another?

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Let’s say that the mayor of a big city calls one of his employees on a Sunday morning at home. This employee, who years ago he promoted to chief of her department, is in charge of municipal elections and, lo and behold, she changes her mind about a previously hard and fast deadline on an upcoming ballot. The mayor admits to a local paper that he intervened in this matter for his son, a lobbyist who works on behalf of someone with an interest in the ballot.
Sounds like Nicaragua, don’t it? Almost anywhere else, this would draw some drumbeats and possibly an investigation into what is obviously, at the very least, an abuse of power.
But this happened in Miami-Dade, where Mayor Carlos Gimenez admitted to the Miami Herald only a few weeks ago that he used his elected office to get his lobbyist son a week-long extension on the Miami referendum for a strong mayor — and everyone just shrugs their shoulders and moves along like there’s nothing to see here.
How is this not being investigated? Have we become so numb to these abuses of power that such an extension of the friends and family plan is no big deal?
For those of you who are just hearing about this like Ladra was a few days ago: Miami Mayor Francis Suarez, who wants to be a strong mayor (more on that later), was having a hard time getting the ballot language good enough for the commission to agree on it. The deadline for the language to be at the Miami-Dade Elections Department was Tuesday, Aug. 7. Suarez called White and asked for a few more days. She told him it could not be done.
A few days later, on a Sunday, Aug. 5, White gets a phone call from Gimenez who asks her the same thing. Now, the answer is different. Now the answer is, sure, why not? Heck, she could wait even a week more. But nobody tells Suarez, who called a special meeting for Monday, Aug. 6, during which the city manager calls White and, voila, gets a week extension, seemingly on the spot. That Emilio Gonzalez has magical convincing powers, right?
Wrong. Everyone finds out the later that day or the next day is that the week-long extension had already been granted — a day earlier and to another mayor, Gimenez. Mayor Giveaway told the Herald point blank that when he told his son about the extension, the suddenly hot lobbyist CJ Gimenez, Commissioner Joe Carollo, who CJ grew close to during the Miami commission seat campaign last year (photo, left), was sitting next to him. It sounds like Mayor Gimenez knew he was talking to both of them. Maybe on speaker. CJ always puts dad on speaker.
“I told them it wasn’t a hard date,” Gimenez is quoted as saying in the Herald. “That if requested, the supervisor of elections would probably be amenable to moving it back a week.”
Read related: We get Joe Carollo in Miami — and all the drama, interest that comes with
Can’t you just hear the Don Corleone accent? I told them that if requested, the supervisor of elections would probably be amenable to moving it back a week.
So, basically, Gimenez got the extension and Carollo played dumb at the meeting about it for some reason. Maybe Crazy Joe knows that Crooked Carlos shouldn’t have done that.
Reached Wednesday, White said she couldn’t recall if Gimenez had called her that Sunday in the morning or the evening and said it wasn’t that uncommon. “He’s my boss,” she said. “We do talk as needed.”
When Ladra asked her how often her boss calls her on weekends, White couldn’t even give a ballpark figure.
“Is it once a month?” No answer to that. “Twice a month?”
“When I’m in election season, as needed, if something comes up, there’s never been an issue in calling him or vice versa,” she said. Well, except for when he was running for office, she said. “We really did not communicate very often then. He really respected the fact that he was the candidate,” White volunteered. But what did they talk about those few times? How do we know what “very often” means?
This is especially important because Gimenez actually told the Herald he himself was the supervisor of elections.
“I’m the supervisor of elections. I delegate that power to Christina White,” Gimenez is quoted as saying.
Did he, for instance, call White the weekend in the summer of 2016 that he needed to submit another check to qualify after his first check was invalidated because it was dated 2015. Remember that second check that was submitted at 10:20 p.m., way after the elections office is supposedly closed for the day, and the questions surrounding whether or not he may have abused his power to get the office open? Or was he simply the elections supervisor then, too?
Read related: Carlos Gimenez submits late night campaign check (10:20 p.m.)
Did Gimenez call White to tell her to forget about the check that a candidate for school board had cancelled after his son convinced the man to drop out of the race against his sister-in-law? Remember that Richard Tapia never officially withdrew from the race after having lunch or whatever with CJ (photo left) who encouraged him to drop out so his aunt, School Board Member Maria Teresa Rojas, would have an easier ride in? Was Mayor Gimenez the elections supervisor then, too? Or does the county just forgive anybody and everybody who cancels their checks?
There have been several opportunities for Mayor Gimenez to interfere with and, indeed, manipulate the electoral process — and we still don’t know how often he calls the elections supervisor on the weekends.
“So, twice a month?”
“There is no figure,” White said, exasperated at very legitimate questions that really need to be asked after she is subpoenaed and under oath..
She did say she did not feel uncomfortable by his call or what she deemed as his “inquiry,” because she insists her boss did not ask her to extend the deadline. Gimenez simply asked, White said, if it could be done if it needed to be done — lke it was a hypothetical situation? — and she said why, yes, it could.
Did she happen to mention to Gimenez that Mayor Suarez had, indeed, asked for such an extension just a couple days earlier and that she denied it? “I did not tell him,” White told Ladra. Hmmmm. Don’t you think that would naturally come up in that Sunday conversation? I mean, if it wasn’t uncomfortable.
Read related: Beware of Carlos Gimenez Jr. at Gables School Board forum
The deadline exists, by the way, because of all the work that goes into putting together the general election ballot, starting the day after the primary. There are dozens of questions on the ballot with more than 20 questions in one city alone this year (North Bay Village) and each of those has to be translated to Spanish and Haitian Kreole, then have those translations “negotiated,” because they are never spot on the first time, then have them all approved before the ballot is laid out.
“He just wanted to know if I was asked for an extension would I have a problem with that,” White {photo left) told Ladra. “It’s not that big a deal for me to give a city an extra week, for one city for one question. Especially since I saw the meeting and they were struggling with finding the ballot language.”
But there are three problems with her story: One is that Suarez, too, had asked for an extension for just one city for just one question and she had said nananina to that.
“My recollection of that conversation is he asked ‘Is the deadline firm?’ and I said, ‘Yes, it is,’” White said.
Then why wasn’t it firm that Sunday in her conversation with Gimenez?
The second is that the meeting took place on Monday — and she had already told Mayor Gimenez she would extend the deadline a day earlier. Sp watching them struggle with the language had, literally, nothing to do with it.
And the third is that Gimenez himself told the Herald about a conversation that seemingly went differently. After all, he is the supervisor of elections delegating the power to White.
“To me, it’s important to get things right,” Gimenez told the Miami Herald. “Adding another week to get things on the ballot, I don’t see a problem with that. I would do it for anyone else who asked. That is the democratic process.”
White needs to be put under oath when questioned by ethics investigators and/or prosecutors. Yes, Ladra went there. This is by far the clearest evidence of abuse of power by a man whose friends and family plan apparently knows no bounds. It’s not as if they need someone to make a complaint, but if they do, I will.
Where are the authorities?

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