PRIVATE MYSTERY CUSTOMER REPORT

CodeComplianceProcedure
EventComplaints

DavidArthurWalters
12/13/2014

The City of Miami Beach official Mystery Customer program is a good idea. It is
reporting amazing improvements in performance. However, the program is flawed by an
inherent conflict of interest: it requires city employees to report on city employees. The
results are public record, and the city administration does not appreciate the publication
of self-criticism. Employees have been retaliated against and even fired for negative
criticism. This Report is limited to the interrogation of the Code Compliance
administrator regarding a typical example of Code Compliance Department
investigations and reports of a customer inquiry/complaint about an event. It is typical
because almost every record upturned reveals procedural defects unfriendly to
customers. The administration is to blame for the procedural defects, which is not to say
that the administrators lack personal integrity. No doubt they have made improvements,
are planning to make more improvements. Permit Manager reports may become more
explanatory. Code officers probably need an excellent procedures manual. Police
officers may ride around with code officers from time to time. A code officer told me that
Code Compliance is currently exempt from Mystery Customer ride-arounds.

11December2014
HernanCardeno,Esq.
Director
CODECOMPLIANCEDEPARTMENT
CityofMiamiBeach
PRRReCodeComplianceProceduresManual
Mr.Cardeno:
Wouldyoubesokindastosendalongacopyofthepageorpage(s)fromyourdepartments
procedures manual touching on the procedure for officers to follow when investigating
events.Specifically,whatdocumentsarerequiredbytheofficerafterhearrivesatanevent
heisinvestigation?
IunderstandfromanexchangewithMr.Castellthatspecialeventpermitsarenotaskedforor
checked against the citys online file except in selective instances. There may be some
confusion over what is special that the magicians (lawyers) and the commission need to
clarify.ThatconfusioninoneinstanceIamawareofmayresultinasuitfordamagesandacivil
rightsactionagainstthecity.
Additionally,intheeventyouhavenotdonethisalready,Iamhopingthatyouwillmakesure
theproceduresmanualforcodeofficersisputonlineforpublicreferencesothatthegeneral
publicmaybetterhelpyouachieveyourobjectives.
HAPPYHOLIDAYS!
DavidArthurWalters

Cc.RaulAguila,Esq.CityAttorney
Cc.JimmyMorales,Esq.CityManager
Cc.RafaelGranado,Esq.CityClerk
Cc.GeorgeCastell,CodeAdministrator

2014-12-09 Walters to Castell

Thank you, Mr. Castell. I really appreciate your excellent service with this matter.
I shall query the Clerk on the exact times, only because I have heard from several
sources, including a code officer who said the tequila event held on Scott Robin's
property in the hall operated by the business managed by Scott Robins was definitely a
violation, that the system does record the exact times of narrative entries and updates.
In other words, a story can be changed or updated later, as you know, and the report
form will retain the original date, but the system records the change. Further, I am
informed that only administrators such as yourself can make the changes.
My interest is piqued by the officer's concluding comment in the narrative posted, that
someone (you) may call him if someone (you) need further information, as if the
narrative had been written later, after my request to you, days after the event.
As you can see, this issue bears on my observation on previous occasions that full
narratives should be provided as a matter of course on all complaint reports viewable by
the public, instead of only noise complaints, which are wrongly assumed to be the only
important ones. Incidentally, the previous complaint on this property, at the end of
November, also alleged to be invalid despite the absence of a special event permit, DID
have a narrative.
By the way, the reported times of the initial posting and officer follow-up in this Dec. 3
instance allegedly vary widely from the private mystery customer's electronic record.
I am waiting to hear your response to my question as to why the officer did not check for
a special event permit document, as I now assume from your comment that that is not
part of the process due or standard operating procedure.
[EDITOR: Castell did not respond. A special event permit would be required if the
occupancy limit were exceeded or some other abnormal situation. The occupancy limit
was not exceeded for an event cited for not having a special event permit during Black
Week, and that matter was prosecuted before the Special Master, who was misinformed
by the Code Officer as to the certificate of use held by the property owner. Also, was a
liquor license required for the distribution of the 100% agave tequila? Et cetera.]

2014-12-09 Castell to Walters

The system does not show what time it went in, just by date. But the times I provide was
from the time (not exact) from when the supervisor gave it to the officer and the time the
office was at this location.

2014-12-09 Walters to Castell

Are you absolutely certain about those times? And are you absolutely certain that the
narrative you quoted was posted immediately after the investigation? i understand that
the exact times info including updates are posted can be easily ascertained. I need to
be sure.

2014-12-09 Walters to Castell

Thank you. Then standard operating procedures do not require checking for a special
event permit?
[EDITOR: No response.]

2014-12-09 Castell to Walters

Same day immediately after CCO Muneras inspection. The on duty supervisor checked
if the location had a BTR (Business Tax Receipt), which the owner has a current BTR.
[EDITOR: Why would a narrative close with, If you have any further questions please
don't hesitate to let me know, if the question was not even put until several days after
he visited the property? Would not the officer ask to see a liquor license permit? How
about a special event permit? Et cetera? A public record request for the pertinent pages
from the procedure manual has not been responded to as of 13 December]

2014-12-09 Walters to Castell

Thank you. What documents were checked pursuant to standard operating procedures?
Also what time and day was this narrative entered into the computer system and who
wrote it? What documents were checked pursuant to standard operating procedures?

2014-12-09 Castell to Walters

The complaint was entered around 7:10pm on 12/3/14 and assigned to the code officer
around 7:13pm. The code officer arrived at the location at 7:30PM.
Officers narrative:
12/3/14 I inspected 743 Wash Ave per XC15005847 assigned to me, I arrived at the
location at approximately 1930hrs. I spoke to the manager on duty Adrienne Wright
from Thrillist Media Group, she advised that it was a private event for VIP guest only.
Event will last from 7pm until 10pm tonight, sponsored by Tequila Herradura. All
documentation provided appeared to be in place, I was invited inside space as well.
Music was being played in an ambient level during my time at the location, also
everything was kept inside the space and not outside on public property. If you have
any further questions please don't hesitate to let me know, thank you.
[EDITOR: It appears from the last sentence that the narrative was entered several days
after the event, and not on the same day as asserted by Castell. The time of arrival
stated, 7:30 P.M., is wrong, for the electronic record shows the first call to dispatch was
made at 9:00 P.M. after I photographed the bouncers, entered the space and
photographed the Herradura sign inside the space.]

Left 8:53:06 PM - Right 8:56:05 PM

Dec 3, 2014 VIRGIN MOBILE OUTGOING MYSTERY CUSTOMER CALL

12/03/2014 - 09:00 PM

(305) 673-7555

00:02 2

Cellular

$0.00

2014-12-09 Walters to Castell

Please, may I have the narrative behind this item, along with the detail on exactly when
(TIME) it was posted on the computer?
Case / Application / Permit Number

XC15005847

Type / Classification

Address
Parcel Number

File Date
Status
Status Date
Valuation
Fees
Payments
Balance
Description

XC-COMP2
COMPLNT: Complaint
CODE: Code Compliance
743 WASHINGTON AV
Miami Beach, FL 33139
42030040690

2014-12-03
INVALID
N/A
$0.00
$0.00
$0.00
$0.00
Investigate event on site.

[EDITOR: This is typically opaque: the reason for the invalidation of the complaint is not
posted to the Description field. Records are also marked CLOSED with no public
explanation. When reasons are posted, they are edited summaries of the officers
narratives. Stories are sometimes concocted ex post facto to insert after the conduct of
the officer is questioned.]

2014-12-03 at 5:41 PM - Walters to Hernan Cardeno

743 Washington: Liquor servers trained this pm. Bouncers showing up. Clubs for rent
sign down. Club room set up for big event.
[EDITOR: No response from Cardeno]