1/12/2012 Allegations of Misconduct, Doral Police Department MI-14-0120
during his questioning by FDLE agents. The Chief’s denials were corroborated by hissecond in command, Captain Jay Smith, who was reportedly present during both meetingswith Doral Background Investigators. When the Background Investigator, Charles Miller,was questioned about his report, he could not explain the contradiction, but he didemphasize numerous times during his statement the fact that his report was unsigned byhim, which he deemed suspicious. When SA Saladrigas checked with Doral PD, it wasdiscovered that the Cubela Background Investigation report was the only one unsigned byMr. Miller during his tenure at Doral.Ms. Yvonne Soler-McKinley had been the City Manager in South Miami during part ofCubela’s tenure there as a police officer. It was said that the Chief made disparagingremarks about the officer but claimed that he was being forced to hire him. Whenquestioned by FDLE under oath, Ms. Soler-McKinley claimed that she had nothing to dowith the hiring of Officer Cubela; the decision, according to the Manager, was singularlymade by the Chief without input or influence from her. Ms. Soler-McKinley stated that if theChief had insinuated that she had ordered Cubela’s hiring, he would have been lying.
3) That Chief Gomez and others took steps, against the directives of the CityManager at the time, to fund the Police Department’s Inaugural Swearing-In ceremonyby secretly misappropriating City funds masked as a donation from a vendor that wasdoing business with the City.
At one point, witnesses questioned by FDLE revealed the above-captioned allegation. Afterquestioning all of the persons involved and collecting and reviewing all of the relevantdocument evidence, FDLE uncovered the following facts:In or about the middle of 2008, as the Doral Police Department was planning its inauguralswearing-in ceremony, the City Manager at the time, Sergio Purrinos, informed the Chiefthat there was no money in the budget to fund the elaborate event that the Chief wanted. Ator about the same time, the Chief and one of his commanders, Jose Ramos, met with theGeneral Manager at Emergency Vehicle Supplies (EVS). EVS was a company thatretrofitted the Department’s vehicles under contract. In that meeting it was learned that EVShad approximately $28,000 in contract overages, which they were legally required to refundto the City. Based on the evidence, the Chief and Commander Ramos convinced the EVSofficials to issue a check directly to the Doral Golf Resort and Spa as a “donation” for theinaugural ceremony. This money (refund) was never revealed to City leaders; it had beenrepresented as a sponsorship by EVS on behalf of the Department.Upon review by the SAO, it was determined that the secret misappropriation of City fundswas highly “unethical and wrong,” but it did not violate Florida State Statute because thefunds were used to pay for a quasi-public event that ultimately benefitted Doral.
4) That the Chief and others within his command staff conspired with an outsidevendor during the plans to purchase furniture for the Police Department, bydisclosing material information about the bidding process to one of the competingvendors and causing the alteration of a submitted bid to influence the competitiveprocess and to provide a competitive advantage to one bidder.
During the sworn statement of former Doral Police Commander James Montgomery, alicensed attorney, he alleged that Chief Gomez had manipulated the outcome of a public bidfor a government purchase of furniture by disclosing material information about the biddingprocess to one of the bidders; by causing the alteration of a submitted bid to influence thecompetitive process; and by providing a competitive advantage to one bidder.