OFFICE OF THE INDEPENDENT ADVOCATE

MIAMI-DADE COUNTY COMMISSION ON ETHICS & PUBLIC TRUST

REPORT OF INVESTIGATION
K #: K08-116
Date Opened: 11/12/08

Date Closed: 5/4/09

Investigators: Sylvia Batista

On or about November 12, 2008, the COE received information regarding Sonia
Machen, Fire Marshall of the City of Miami Beach Fire Rescue Department.
Pursuant to the source, Sonia Machen solicited 200 tickets valued at $20 each
from the promoters of the South Florida International Auto Show through one of
her employees, Renato Sejas. The tickets were later distributed among
firefighters. Source believes this to be a violation of the Citys no-gift police that
was restated to Fire Rescue personnel in a September 2007 e-mail from the Fire
Marshall.
The COEs issue relates to the solicitation of a gift, which constitutes a violation of
the Conflict of Interest and Code of Ethics Ordinance Section 2-11.1 (g)
Exploitation of official position.
Interviews
11/12/08 David Weston, former City of Miami Beach Fire Inspector This investigator spoke to David Weston on the telephone. Weston was forced to
resign from his City job on 3/21/08 ostensibly for committing an ethics violation involving
his ownership of a business devoted to managing inspections and expediting permits.
Weston recalled that in reality he was fired in retaliation for having come forward with

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information that led to an investigation by the FDLE (Special Agent White) and MiamiDade County Police Department Public Corruption Bureau (Agent Alex Baldor). The
information provided by Weston leading to the investigations involved permit fees not
being properly assessed and collected by the City on very large and valuable
properties.
Weston advised that a City firefighter recently called him and described an incident in
which he was told by Fire Marshall Machen to pick-up complimentary tickets to the auto
show from the shows promoter and to bring them back to her. Pursuant to Weston, the
firefighter mentioned to Machen that this would be a problem meaning that it would be
in violation of the Citys no-gift policy. The firefighter was told by Machen not to worry
about it. The firefighter picked up 200 tickets from the shows promoter and returned to
deliver them to Machen, who was not available thereby requiring him to leave the tickets
with acting Fire Chief Yuhr.
11/13/08 Cliff Ray, South Florida Automobile Dealers Association (SFADA) Mr. Ray was asked for information on the number of tickets given to City of Miami
Beach employees for the 2008 Auto Show. Mr. Ray advised that SFADA had given the
City 400 tickets to the Auto Show in compliance with their contractual obligation. Mr.
Ray advised that any further information would be provided by attorney Ed Quinton who
is counsel for SFADA.
11/18/08 Ed Quinton, Counsel for SFADA
Mr. Quinton confirmed that the SFADA gave the City 400 tickets as is required in the
lease agreement. Mr. Quinton advised that any additional information would only be
provided under subpoena. A subpoena to SFADA was requested on 11/21/08.

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02/17/09 Edward Quinton, Counsel for SFADA

SFADA provided its response to the subpoena through attorney Edward Quinton. In his
response, Quinton provided copies of leases between the City, as operator of the Miami
Beach Convention Center, and the SFADA for the years 2006, 2007 and 2008. In his
response, Mr. Quinton stated that a total of 600 tickets had been given to the City400
tickets were given to the City in order to meet their contractual obligation and 200 were
given to George Navarro, a City of Miami Beach police officer.
02/18/09 Edward Quinton, Counsel for SFADA
This investigator spoke to Mr. Quinton regarding his response. Mr. Quinton explained
that the lease calls for the City, as operator of the convention center, to retain a
minimum of 40 general admission tickets for each event day, or event covered by the
lease agreement. Because the Auto Show is a ten-day event, the City was given a total
of 400 tickets (40 tickets per event day). Mr. Quinton explained that the tickets are
good for one event day only. Mr. Quinton advised that the additional 200 tickets were
given to George Navarro, a police officer who works at the auto show, to be distributed
among other police officers working at the show. Mr. Quinton stated that the person
with the most knowledge as to additional tickets given to the City is Richard Baker.
02/24/09 Renato Sejas, Fire Fighter II
The City of Miami Beach Fire Rescue Department has a set of Standard Operating
Guidelines that govern the actions of inspectors. The Fire Marshall circulated an e-mail
advising that they could not accept gifts of any amount. The City used to have a $25

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limit on gifts. This policy was stopped some time before the memo from the Fire
Marshall.
Sejas used to work in the Building Department. He was a Fire Inspector for a period of
time and then became a Fire Protection Analyst. He was subsequently transferred and
was put back on a fire truck as Fire Fighter I. He was promoted to Fire Fighter II on
December 10, 2007. Until recently he was the Special Events Coordinator which
means that he would coordinate staffing for all events at the convention center and the
beach such as fireworks and weddings. He is currently a Fire Fighter II and is working
overtime training the new person as a Special Events Coordinator.
On the Wednesday before the start of the auto show he ran into Cliff Ray who is the
events promoter. Ray asked him if he needed tickets to which he responded that he
was not allowed to accept tickets because of the gift policy. On the first Friday of the
show he went to the Fire Prevention office to do something. When he returned to his
office, Sonia Machen Nexteled him and asked if they were getting any tickets to the
auto show this year (they used to get first day tickets for different shows. Sejas said
that he does not know how fire rescue department personnel would end up getting
tickets. Sometimes the tickets would be attached to their pay checks). He responded
that Cliff Ray had offered tickets, but he said no. Sejas asked Machen if she wanted
him to get tickets to which she responded that she did. They went back and forth on the
number of tickets to get. He determined that 200 tickets would be enough so that
everyone could get one. Sejas then asked Cliff Ray for tickets and Ray gave him 200
tickets in an envelope worth $2,000. Sejas did not question Machen concerning the
memorandum that she had put out prohibiting the acceptance of gifts.

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Sejas explained that Machen was not in her office when he returned to deliver the
tickets, so he went to acting Chief Eric Yuhrs office to deliver them. Yuhr is now the
Chief. When he arrived at Yuhrs office, he found Yuhr sitting and talking with Captain
Jesus Sola, who was a lieutenant at the time. Sejas approached Yuhrs desk and said,
we have a strict policy on gratuitiesthere are $2,000 worth of tickets there, she
(Machen) asked me to get them, and slaps the tickets down on the desk. The Chief
asked whether the rest of the City was getting them to which he responded that he did
not know and that he would take them back to Cliff if he did not want them. The Chief
opted to keep them. Sejas explained that the Chief and Solas were going to call
somebody to ask them what to do with the tickets. The tickets were distributed. Three
Hundreds Division Chiefs got tickets and people went and asked for them and got them.
Sejas explained that he got the 200 tickets directly from Cliff Ray. Cliff had offered them
before and he had declined to accept them because of the policy on gifts, but when
Machen asked for tickets, he went to Cliff and said the Chief asked for tickets. Sejas
stated that he had no further discussion with Machen about the tickets after he delivered
them to Chief Yuhr.
02/24/09 Captain Jesus Sola
This investigator spoke to Captain Sola on the telephone. Captain Sola was present in
Chief Yuhrs office on the day that Sejas delivered the auto show tickets late last year.
Captain Sola advised that he recalls Sejas coming in and dropping off the tickets at
Chief Yuhrs office. However, he does not remember the comment made by Sejas
when dropping off the tickets.

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03/06/09 David Weston

David Weston called COE investigator and informed of suspected retaliatory action
against Sejas by Machen, and stated as follows:
Sejas position at the Miami Beach Convention Center included a take-home car that he
was to return on the scheduled personnel change on February 11, 2009. Sejas and his
replacement, Linares, agreed to transfer the car on February 19, 2009 because Linares
was unable to pick the car up until that date. Weston explained that Fire Marshall
Machen has gone out of the chain of command and filed an administrative action
against Sejas for failing to deliver the car to Linares on February 11th. A hearing on the
matter is pending the availability of union representation for Sejas.
3/19/09 Cliff Ray, Coordinator South Florida Automobile Dealers Association
Mr. Ray gave a sworn statement on behalf of the South Florida Automobile Dealers
Association to COE investigators in response to a Subpoena from the COE, as follows:
Batista:

Do you know Renato Sejas of the Fire Rescue Department on Miami

Beach?
Ray

Yes.

Batista:

And have you and Mr. Sejas had contact throughout the time that he was

Special Events Coordinator at the convention center?

Ray:

I met him mid-way during the set up of the auto show this past November.

Batista:

Mr. Sejas recently provided a statement to us. He described to us events

that led up to the auto show. He told us that you and he had run into each other one
day and that you had mentioned whether they were going to, they meaning the fire
department, were going to want some tickets to the auto show. Do you remember that?

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Ray:

This is true, yes.

Batista:

In his statement to us he explained that he responded that he could not

accept the tickets. Do you . . .?

Ray:

He responded that he could not accept the tickets.

Batista:

Did he explain to you why he could not accept the tickets?

Ray:

He mentioned something about, I really dont recall . . . could be a conflict

of interest to him, you know like a pay out for letting us do things that normally wouldnt
be done, but Im not sure.
Batista:

He did mention that he could not accept tickets.

Ray:

He did mention that he cant accept tickets.

Batista:

And then, do you remember whether a few days later he approached you

and said that he could accept tickets after all, or that he had been given the okay to
accept tickets?
Ray:

Yes. This is true, he said he could take some for. . . that the Chief had

requested it.
Batista:

The Chief?

Ray:

The Chief had requested it.

Batista:

That would be the Fire Chief, or the Fire Marshall?

Ray:

I would assume the Fire Chief. He (Sejas) would be the Fire Marshall in

the hall in the Convention Center, so I would assume the Fire Chief.
Batista:

Do you know the name of the Chief?

Ray:

No.

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Batista:

Okay, so he said it was okay for him to accept the tickets, did he mention

a number of tickets, or did you volunteer a number?

Ray:

I said, how many do you need for the Chief?

Batista:

And he said. . .

Ray:

And he gave me a number Im trying to remember off the top of my head.

It was probably somewhere between 100 and 200 if I remember correctly.

Batista:

And how much are the tickets worth?

Ray:

Face value auto show tickets are $10 if you just walk up to the box office

and buy a ticket. We do have discount tickets being distributed around town.
Batista:

Do you recall giving him the tickets in an envelope?

Ray:

I dont recall if I gave them to him in an envelope or just rubber-banded in

a stack.
Batista:

Did he get the tickets from you on the same day that he approached you

and said it was okay for him to accept the tickets?

Ray:

Yes.

Batista:

I dont know if you were aware that there is a gift policy in the Fire Rescue

Department that applies to all regulatory personnel?

Ray:

I did not know that until I came here today.

Batista:

Okay. I dont have any more questions.

3/20/09 Chief Eric Yuhr

This investigator interviewed Chief Eric Yuhr on the telephone. After briefly explaining
the purpose of the telephone call, Chief Yuhr provided the following information:

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Chief Yuhr recalls that on the first day of the auto show (a Friday), Sejas came into his
office and delivered 200 tickets to the show. Chief Yuhr recalls that Sejas said
something like, I dont agree, or I dont think anybody should accept tickets, as he put
the tickets down on his desk. Chief Yuhr explained that Sejas comment referred to the
no-gift policy specific to regulatory personnel of the fire prevention division of the Fire
Rescue Department. Chief Yuhr kept 20 tickets and distributed them to his office staff.
Captain Sola took the remaining 180 tickets and gave them to on-duty personnel.
There are 60 personnel in each of the three shifts totaling 180.
Chief Yuhr explained that Sejas used to be a fire plans analyst and was sent back to the
floor shortly after Sonia Machen came in as Fire Marshall. Chief Yuhr believes that
Sejas blames the transfer on Machen. Chief Yuhr does not recall being told by Sejas
that he was delivering the tickets due to Machens request. As far as he knows,
Machen did not receive any complimentary tickets to the auto show. Chief Yuhr
explained that it would be out of character for Machen to ask for complimentary tickets.
4/24/09 Sonia Machen, Fire Marshall Fire Prevention Division
Ms. Machen was briefed on the subject of the investigation, and stated as follows:
Machen recalls that she called Renato Sejas days prior to the commencement of the
2008 Auto Show when she noted that the complimentary tickets to the show had not
been delivered to her department. Machen explained that she specifically asked Sejas
whether they (the Fire Rescue Department) were getting any complimentary tickets for
the show this year (2008). Machen explained that they get complimentary tickets each
year for the auto show as well as for the home show and, until very recently, the boat
show. The tickets are then distributed amongst fire rescue employees, including

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regulatory personnel from her department. Distribution of show tickets has been done
for years in the Fire Rescue Department. When asked how it is that receipt of these
tickets is acceptable in light of the zero tolerance gift policy set forth in her September
2007 e-mail directed to regulatory personnel, Ms. Machen explained that the policy
does not apply to gifts distributed to employees by the City or by your own department.
In this case, the Fire Rescue Department receives 200 complimentary tickets every year
prior to the show and distributes them to its employees.
When Ms. Machen noticed that the tickets had not been delivered for the auto show,
she called Sejas, who was the Special Events Coordinator at the Convention Center in
2008, and asked him whether they were getting them. Machen explained that Sejas
asked her how many tickets she wanted and after going back and forth they concluded
that 200 tickets would be adequate. Machen does not recall any objection from Sejas to
her request for the tickets. Sejas responded that he would take care of it.
Machen was unaware that the City receives 400 tickets to the auto show from the
shows promoter as part of its contractual obligation to the City, nor is she aware of any
other complimentary tickets given to City employees. Ms. Machen explained that she is
surprised that Sejas thought that you couldnt accept the tickets because he has
received them every year since the practice started some years ago.
Sejas was the Special Events Coordinator during 2008. He was transferred out of the
position in February of 2009. The position of Special Events Coordinator is held by a
different appointee each year. Sejas was not Special Events Coordinator in September
of 2007 when the zero tolerance gift policy was issued. By his actions, Sejas seems to
be unaware that the policy makes an exception for gifts distributed to employees by the

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City or by City departments. Machen acknowledged that the policy as presently stated
needs clarification.
4/24/09 Chief Eric Yuhr, Miami Beach Fire Rescue Department
A couple of years ago during the building boom they had to come up with a policy to
address the problem of the number of gifts that were being given to regulatory
personnel. Chief Jordan, Eric Yuhr and Ed Del Fabro came up with the zero tolerance
gift policy, but the policy was not intended to apply to gifts given city-wide such as
tickets to annual events at the Convention Center and other venues. Perhaps a
clarification to the policy needs to be made.
Conclusion
The COE received information that Fire Marshall Machen had solicited tickets to
the 2008 South Florida Auto Show through Renato Sejas, the Fire Departments Special
Events Coordinator, who, as part of his job duties, had frequent contact with the shows
promoter. As directed by Machen, Sejas obtained 200 tickets from the shows promoter
although he felt that doing so violated the City implemented policy which makes it illegal
for regulatory personnel to accept gifts of any kind from anyone. Additionally, City
Code Sec. 2-449 Acceptance of gifts, favors, services states that no officer or
employee of the city shall accept any gift, favor or service that might reasonably tend
improperly to influence him in the discharge of his official duties.
The 200 tickets were then distributed to Fire Rescue Department personnel by
Chief Eric Yuhr and Captain Jesus Sola. Fire Marshall Machen and Chief Yuhr
explained to COE investigators that the no-gift rule does not apply to City sponsored
events such as the Auto Show, Home Show and Boat Show, nor does it apply to gifts

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distributed by the City of by a City department such as was the case with the Auto Show
tickets.
For the past several years the Auto Show promoter has given tickets to the Fire
and Police departments in addition to the 400 tickets given in compliance with the lease
agreement between the show and the City. Because the lease agreement only
mentions 400 tickets to the City, the solicitation of additional tickets by specific
departments creates the perception that they are given as a special privilege or gift. 1 In
order to avoid this unfavorable perception, it is advisable that the lease agreement
specify all complimentary tickets given to the City by the show promoter.
Accordingly, this investigation is closed.

Miami-Dade County Conflict of Interest and Code of Ethics Ordinance Section 2-11.1 (g) Exploitation of
official position prohibited states that no person shall use or attempt to use his official position to secure
special privileges or exemptions for himself or others except as may be specifically permitted by other
ordinances and resolutions previously ordained or adopted. . .

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