It looks like the fix was in after all.
Political observers in Miami Beach have been saying for weeks that Joy Malakoff had the inside track to be appointed interim commissioner, replacing former Commissioner Kristen Rosen Gonzalez, who was forced to resign mid-term to run for Congress. On Wednesday, Malakoff got it.
At first, it looked like there was going to be a standoff. Commissioners Michael Gongora, Mark Samuelian and Micky Steinberg chose former Commissioner Saul Gross from a final pool of 10 (from an original pool of 37). Mayor Dan Gelber and his two pocket commissioners, John Elizabeth Aleman and Ricky Arriola, voted, as predicted, for Malakoff.
Mayor Dan Gelber
Gelber went to take a second vote, but first he wanted to motivate his colleagues on the other side to switch, so he started talking about the expense of an election in April, which could be more than $600,000 with a runoff.
“So for those six meetings that person serves, it would cost $100,000 a meeting,” he said. Okay, now, “reconsider your choice.”
The message was clear.
After a second vote got the same result, Gelber suggested they could draw a name from a hat. But others did not want to relinquish their responsibility and after a short recess in which one can’t help but wonder if the Sunshine Law was violated, the came back and Steinberg — who was the weak link all along — was the first to cave. After that, they wanted to make it unanimous.
The truth is Malakoff should have been disqualified because of the sneaky way she tried, right after she left office for health reasons, to get a $50,000 city contract to promote passage of the G.O. Bond with voter outreach. What does she bring to the table anyway? Experience? Knowledge? That there’s no learning curve? If that’s the case, there were several other candidates that fit the bill without the baggage,  including Gross.
But then again, this wasn’t about replacing Rosen Gonzalez with the best possible interim commissioner until the November election, or even with someone who does not have this cloud of doubt over her head. This wasn’t about choosing someone to represent the will of the voters,  because then the commission would have just let Rosen Gonzalez serve out her term, as the voters intended. No. This was about representing a different will. This was about replacing her with someone that will vote the mayor’s way the next 10 months, plenty of months to do damage and spend a bunch of money.
Among the things that may come up is spending of the G.O. Bond that the Beach voters overwhelmingly approved last year even without Malakoff — or anybody else because the job did not exist — selling it. Now she gets her hands on those funds through the temporary commission gig.
A flyer, or “hit piece” on Malakoff that appeared at City Hall and tables at Puerto Sagua — where the Tuesday Morning Breakfast Club meeting welcomed candidates for the vacancy Tuesday — urged commissioners to keep her away from those funds. “With Malakoff, corruption wins and the people lose,” it says.
There is no disclaimer as legally required on the piece, so nobody knows who paid for it. But a Miami Herald reporter posted a video of political consultant Randy Hilliard dropping some of them off at City Hall. Hilliard did not return a call or text message from Ladra. But most recently he worked on the 2015 campaign of David Wieder against then Mayor Philip Levine, and lost. Weider was one of the candidates who spoke Wednesday for the job.
But what is most important here is the fact that the way the commission split on this issue is the way it splits on most issues, and naming Malakoff interim is a way to get the Gelber faction a fourth vote on everything else. She will never vote against him. And he knows that.
That’s why Gelber is the biggest disappointment in this whole fiasco. The former prosecutor and state rep ran on a campaign of integrity and ethics. He had the opportunity to show that by taking the leadership step and changing his vote to Gross, who he said was his friend and entirely capable. An ethics stickler would try to avoid even the perception of wrongdoing.
But I guess that fourth vote is just too valuable.
We should watch every vote very closely for the next 10 months, since the mayor basically has carte blanche to do as he pleases now.

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The Miami Beach commission will appoint someone later this month to fill the seat of Commissioner Kristen Rosen Gonzalez, who was forced to resign when she ran for Congress by a Republican law aimed squarely at the Democrats in the race to replace U.S. Rep. Ileana Ros-Lehtinen.
City commissioners should reject the GOP measure’s calculated retroactive effect and respect the voters’ wishes by appointing Rosen-Gonzalez for the remainder of her term.
And, naturally, they should reject the allegedly fixed appointment of former commissioner Joy Malakoff, who already tried to get back in the city’s employ with a $50,000-a-year job overseeing the general bond monies.
Is this a second swipe at putting her in control of those funds? Or is someone getting a guaranteed fourth vote on the commission?
Florida’s resign-to-run law only applied to state and local officials until last year, when the legislature approved a measure that would extend the limits to federal seats. This was, of course, after Ros-Lehtinen announced her retirement of a District that was expected to, and eventually did, go blue. So they made the law include candidates who were elected under the old law and many observers believe it was squarely aimed at Rosen Gonzalez, who was the only Dem who had announced by then.
That was unfair already. The Miami Beach city commission has the rare opportunity to right a wrong, and send a message to Tallahassee, by keeping Kristen where she belongs.
Read related: Kristen Rosen Gonzalez wins in Miami Beach race
She may have lost the Congressional race — nobody expected her to win against Donna Shalala, who was sworn in Thursday, same day that Rosen Gonzalez’s resignation became effective — the former commissioner is a good public servant who has said some stupid things and once trusted the wrong guy. Those episodes have gotten way too much attention from all the good she has done in only three years, much of that against a block of political opponents who worked against her.
Still, she was able to bring paternal leave to city employees, outlaw plastic straws and bags and proposed and passed a city law to protect hotel housekeepers from sexual harassment.
She brought the an energy home improvement program to Beach homeowners and the Common Threads program to teach teens about obesity and eating healthy. She got Bell Isle their park, brought affordable solar to the Beach and helped a condo association get the parking lot they needed.
She also championed the next generation of leaders, forming the Miami Beach Youth Commission and the Miami Beach Youth Job Fair. She brought free test preparation for high schoolers and free drug education for teens and their parents.
In between those things she helped hold the line on over development in mid beach, successfully lowered the density and height of many projects and had uncomfortable trolleys retrofitted for senior citizens.
Several active residents and homeowner association members want to see her appointed to serve out her term.
You might think this is a no brainer. Rosen Gonzalez was elected to a four-year term by voters and should be first on the list of potential appointees. But there’s one problem: She votes her conscience. She belongs to nobody.
There are at least two commissioners — Ricky Arriola and John Elizabeth Aleman — who would feel better with their old ally back and some say the fix is in with Mayor Dan Gelber on their side so he can have a fourth vote.
Read related: Ex Miami Beach elected Joy Malakoff got, then dropped juicy $50K city job
Mayor Dan Gelber
Gelber, who wants everyone to see him as a super Democrat and ran on an ethics campaign, should do the right thing and reject the GOP agenda by leading the charge to appoint Rosen Gonzalez to her seat. It would really be a signal to his independence from the former regime that some think he is beholden to. It would be the ethical thing to do. Especially after his role in the bonds job fiasco where he voted to waive the two-year waiting period to hire Malakoff, even after she donated to his campaign.
If Gelber votes for Malakoff again on Jan. 29, Miami Beach voters should ask why.
Appointments already stink because they raise the possibility of cronyism. With Malakoff it’s practically guaranteed cronyism. After all, she is not going to vote against the commissioners who bring her on.
It’s only one more year. If the mayor or anyone else wants someone other than Rosen Gonzalez in that seat, wait for the election, like the voters intended.

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For the past three years, select electeds in Miami Beach have used a city non-profit to “provide assistance to worthy and qualified community needs and projects.”
But it looks like a slush fund of special interest money to dole out for political favors and even votes.
One Miami Beach, Inc., a 501c3 formed by resolution in 2014 at former Mayor Philip Levine‘s request, has raised almost half a million dollars through last year — much of it from vendors and contractors and lobbyists with business before the city — and it has used the funds to buy computers at Nautilus Middle School, team uniforms at Miami Beach High, movie tickets and art classes and paella parties for seniors and more than 1,500 frozen turkeys for the holidays.
Many of these bribes, er, gifts to the community were right before the elections in 2015 and 2017. What a coincidence!
It’s not like Levine hasn’t done this kind of thing before. The Democratic gubernatorial candidate was caught red-handed, while in office in 2014, directing funds from city vendors and contractors to a shady political action committee. Relentless for Progress was even mocked for its initials, RFP, the same initials used in procurement to solicit “requests for proposals” on government projects. Levine had to hastily distance himself from and eventually dissolve the PAC.
Then, when nobody was watching, he turned around and formed this slush fund, er, non-profit — giving donors another outlet.
The resolution says the mayor is the chairman and appoints two other commissioners as members. Levine appointed former Commissioners Joy Malakoff and Jonah Wolfson, who was his partner on the shady Relentless PAC (photographed right). When Wolfson’s term was up, Levine replaced him with his new BFF, Commissioner Ricky Arriola.
After newly-elected Mayor Dan Gelber was sworn in, he became the chairman and he appointed Commisssioner Micky Steinberg to replace Malakoff, who did not seek re-election but was offered a $50,000 “community outreach” contract with the city last week that she turned down days later after it raised a bunch of eyebrows. Gelber also wants the funds to be used primarily for “educational enhancements” and not “willy nilly.”
Related: Ex Miami Beach Commissioner Joy Malakoff gets, then drops juicy $50K city job
But we wouldn’t even know about this shady non profit if it weren’t for Commissioner Michael Góngora, who had asked about it at last week’s meeting. He said that since the non-profit was operating as a fundraising arm of the city’s, that expenditures ought to be brought to the commission for approval.
“Only three of the seven members ever control the use of those funds. I’m concerned about raising money as a commission but I never have a say in how those monies are dispersed,” Góngora said. “If it’s going to be the official 501c3 for Miami Beach, we should at least know what the organization is doing.”
Gelber, who doesn’t seem the most transparent anymore, tried to shut him down. “It’s not quite public money… it’s not any public money at all,” he said.
Commissioner John Elizabeth Aleman said she agreed with Góngora. “I don’t question the expenditures. They were noble and worthwhile. But it was not transparent to me,” she said. And then she basically admits that the whole idea was to shake down city bidders and vendors.
“We thought there were city of Miami Beach procurement contracts that could have an element, a good will in them, to benefit the community, the schools,” Aleman said, adding that, sure, alumni and others could also donate. “But we were looking for something more consistent that could be counted on at a certain level each year.”
Oh really?
Arriola got defensive, which made him look guilty right away.
“I just take exception because I know what’s going on here. There’s a hint of something nefarious. Phil, Ricky, Joy using this… all the money came from Philip and I,” Arriola said.  “I’m not stupid. There’s a nefarious inference when comments have been made in the past about One Miami Beach and Mayor Levine and I just take exception when it’s us donating our salaries to it. Pretty much 100 percent of the funds came from us, even though it’s your pet projects that we’re donating our salaries to.”
But Ricky is either really bad at math or a liar. Because while he may have felt generous in 2016, giving his $34,750 salary and benefits package to One Miami Beach, Inc., that was not where all the non-profit’s money came from. And he didn’t do it any other year. It appears that Levine did give two years worth of salary and benefits for a total of $97,275.
Arriola lied to everybody at that commission meeting Feb. 14 and everybody watching it on TV or online. That’s a violation of a county ethics ordinance.
Related: Levine and Wolfson on defense for shady PAC
But the Miami-Dade Commission on Ethics and Public Trust ought to look into more than just that. Because the reason Arriola lied was the donations that are there from many contractors and vendors who are prohibited from giving campaign contributions precisely because they have dealings with the city. Was this a legal loophole around that? This sure looks like another pay-for-play scheme, just like the shady PAC.
Among the contributors:

$40,000 from four development companies at One Fisher Island
$17.500 from David Mancini and Sons, real estate developers and pipeline specialists
$10,000 from Terranova Corporation
$10,000 from Lanzo Construction
$6,300 from Boucher Brothers, who run most if not all the city’s beach concessions
$5,000 from Beach Towing
$5,000 from Treemont Towing
$5,000 from Laz Parking
$5,000 from lobbyist and Levine pal Alex Heckler

There are some questionable disbursements, too. Who got the 100 tickets for the Florida Grand Opera? More than $6,000 of computer equipment for we-don’t-know-who and one hell of a TV for $1,000 for North Beach Elementary, both at Best Buy. A $5,000 donation (?) to the Miami Beach Housing Authority, it says for “housing,” and $106 worth of racing gloves, purportedly, for a turkey giveaway.
Then there is the thousands that went to different animal hospitals, from Doral to South Miami, for “animal welfare,” Levine’s latest fetish, including $10,000 to the Alton Road Animal Clinic for “kitten medical treatment.” Is that one really sick kitten or many kittens?
But maybe the most glaring issue is at least seven different paella and centennial parties at senior centers that are absentee ballot hubs conveniently right before the elections in 2015.
Investigators can start by talking to Gloria Campos, who was paid or reimbursed at least a couple of thousands from One Miami Beach and apparently helped with the paella parties.

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UPDATED: So this is why she didn’t run for re-election.
Former Miami Beach Commissioner Joy Malakoff, who said she wouldn’t run again because of a back injury, was hired by the city at Wednesday’s commission meeting to do three months of community outreach for the city’s general obligation bond effort for $50,000. Guess her back is feeling much better.
This juicy job was not advertised. There was no competitive process for it. And believe me, there are literally hundreds, if not thousands, of people who could do it better than Malakoff, and in two languages.
By the end of Friday, after Ladra had made a series of inquiries, Malakoff “withdrew” her name from consideration. But the kicker is that there may have been a Sunshine Law violation because at least one commissioner got a late night call Tuesday about this item. From who? She wouldn’t say. But that means it’s interesting.
Normally, a former commissioner would have to wait two years after leaving office to work for or lobby the city, but commissioners on Wednesday — after the city attorney reminded them that they could — waived that rule in order to give Malakoff the palanca position. Both the vote to waive the rule and the vote to award the contract to Malakoff was 5-2, with only Commissioners Michael Góngora and Kristen Rosen Gonzalez voting against both times.
But it’s a moot point. Earlier Ladra said it was illegal and I certainly think it was invalid. That’s because Miami Beach — which has more rules about campaign contributions than any other city probably on Earth, prohibits anyone who gave to a candidate’s political campaign from becoming a city vendor, which is what Malkoff did on Wednesday, for at least a year. She left office three months ago, after contributing to both Mayor Dan Gelber’s and Commissioner Micky Steinberg’s campaigns. Ladra had first written that they shouldn’t have voted on this, but rather recuse themselves. I thought commissioners were the ones that were prohibited from voting on items for vendors who contributed.
Mayor Dan Gelber
Gelber, who only called me back after he read the story to correct me, fell all over himself to correct me and explain that it wasn’t exactly illegal. He pointed me to the ordinance and indeed, it says that “a person or entity other than a vendor who directly or indirectly makes to a candidate elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from serving as a vendor with the city.” This, too, can be waived by a 5/7th vote.
So, wait a minute. If the commission waives that part of the Beach ethics ordinance, then she can have the job. So the same mayor and/or commissioners who get the campaign contribution can then turn around and waive the rule that prohibits their benefactors from getting a juicy city contract?
“I actually looked at it the other day,” Gelber told me about Ordinance 2-487, giving me the number.
So he thought he was going to have to waive both sections of the ethics ordinance: The one that prohibits a former employee or elected from being a vendor and the one that prohibits a person or entity who gave to his campaign. Like that is so much better.
Ladra is glad the mayor corrected me because, actually, this is worse. He was going to waive both ethical requirements. For a guy who ran on ethics, this is rich.
But it gets better (or worse).
Gelber first told me that Malakoff didn’t get the job outright, that the commission simply authorized the city manager to negotiate a contract with her up to $50,000. We all know that’s how it works in every city and at the county. Electeds authorize or instruct the city manager or mayor and the negotiation is done. It doesn’t come back. And Gelber knows this, too, because he contradicted himself moments later.
“I don’t quibble with the fact that there are people more qualified. He may hire them, too,” Gelber said, referring to the city manager. “He may not have to go through us. There’s going to be lots of people doing outreach.”
First, whoa! “Lots of people?” How much is the city going to spend to convince residents to increase taxes? How many of those people are gonna be campaign contributors and friends? And, secondly, aha! “He may not have to go through us,” he said. And I asked him to confirm. “The only reason it was before us is because we couldnt hire her,” without the waiver, Gelber told Ladra, “because she was a commissioner. He needed that.”
But, then, he certainly wouldn’t have to come back to the commission.
Commissioner Michael Góngora
Góngora told Ladra he voted against Malakoff getting the plum post because there was no prior announcement or open, competitive process. The job came up during a discussion item, an update from the city manager on the efforts to get a GOB passed. Then suddenly, out of nowhere City Manager Jimmy Morales explains how they’ve been thinking about hiring Joy Malakoff, who was sitting in the audience, as a consultant to do outreach.
Only Góngora and Rosen Gonzalez seemed shocked, really. Every other commissioner talked about her unique knowledge and experience, laying it on pretty thick. Like, almost too much, you know? Over compensation. Commissioner Ricky Arriola practically drew a sword to defend his colleague. Really, anyone who cares about this has to watch the video on Facebook posted by former Commissioner Michael Grieco (more on that later).
Though she had previously voted to move forward with the GOB exploration process, citing parks and a swimming pool as some of the projects she would like to see funded, Rosen Gonzalez told Ladra Friday that she hasn’t decided whether to move forward with what is essentially a tax increase until she has details on how much it would be and how it would impact homeowners. She certainly wasn’t ready to hire someone to do outreach. Once, and if, the city gets to that point, she wants to advertise the position and hire a professional.
“This is obviously a political favor,” Rosen Gonzalez said on the dais, raising questions about Malakoff’s skills set for this particular position. But more importantly, telling her colleagues that she had gotten a late night call on Tuesday from someone telling her about the item. Who made that call? On behalf of whom? Nobody even asked her! Some might think that one of the commissioners would have been curious.
Góngora said he would have voted yes had it been presented as what it was, instead of snuck into a discussion item like a Trojan horse. He urged his colleagues to defer the item to the first meeting in March, three weeks from now, so that it would be properly noticed for what it was. His colleagues seemed adamant to make this happen now.
“Discussion items are typically not an action item,” Góngora told me later. “It was mislabeled and misleading. It hadn’t been advertised and properly noticed. The item didn’t say vote three times to hire someone. It said update.
“It seemed like a set up.”
Ya think?
Morales knew he was going to bring this up. It appears it was something that city staffers have been talking about. And at least Gelber was brought into the fold (though it appears Arriola was in on it, too), because the mayor said that “when I first heard about this idea, I thought it was a fair and good idea.”
So that begs the question: When did he first “hear” about the idea? From who?
Malakoff said that she was “asked to sell the GO bonds to the community and I’d be happy to do so.” Who asked her? When?
The city manager did not return several calls from Ladra. He returned a text message at 5:36 p.m., four hours after I texted him, with “She withdrew from the process.”
What freaking process?
When I texted Morales three minutes later asking for the letter or email in which Malakoff withdrew, Morales — who also used to be a poster child of ethics — didn’t respond.
But at this point, it doesn’t matter that Malakoff didn’t take the job that was offered, if not illegally then certainly unethically — though I would bet on the first. Because Ladra believes there was a Sunshine Law violation here. And that this was a deal done on the campaign trail — a job created for Joy, who endorsed several candidates last year. There is just no way that this wasn’t worked out behind the scenes.
This is something for Joe Centorino and the Miami Dade Ethics and Public Trust Commission to look into. Consider this post my complaint if you have to, Joe.

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