Deadlocked?

On October 25, 2011, the Miami-Dade County Commission on Ethics and Public Trust issued a press release entitled, “COE deadlocked on Rosner case.”  Former State Attorney and current Executive Director of the Commission, Joe Centorino’s statement reads:

“After four partial days of hearings over the past several weeks, the Miami-Dade Commission on Ethics and Public Trust (COE) completed its action on complaints (C 09-02 & C 09-04) against former North Miami Beach Mayor Myron Rosner, but deadlocked on a two-two vote. It was alleged that Rosner, who was a licensed building contractor and a member of the Miami-Dade County Board of Rules and Appeals, proposed and completed several additions to his private home that required zoning variances. As a member of the City Council, Rosner discussed his displeasure about the variance process with the city manager at the time, who told his staff to resolve the issue. Building permits were issued for the improvements that violate the city code.

Two Ethics Commissioners voted that the evidence did not meet the “clear and convincing” standard required for finding Rosner misused his authority. One member recused himself from the proceeding. Two others believed Rosner should be found guilty of exploitation of official position. Commissioner Seymour Gelber, a former Miami Beach mayor and retired judge, issued a formal statement, noting, “When the mayor told the city manager ‘make it happen,’ he sent a message to his underlings. They knew what was expected of them and they made ‘IT’ happen. You don’t get smoking guns as evidence in these kinds of cases.” Referring also to the following complaint, Gelber said “these acts will not be tolerated. Maybe both these cases will convince some public officials that their duty is not to themselves or friends but to the community as a whole.”

What’s really crazy about this is that had the fifth member of the Commission not recused himself, good ol’ Myron would either have been found guilty of abuse of power or exonerated, but there would have at least been a verdict.  As it stands, this deadlock MEANS NOTHING.  Myron may believe he escaped conviction because two Commissioners, who obviously either fell for his crocodile tears (and, boy, did the dam break!) because they have no idea what a nasty schmuck he really is, or they were too stupid to understand what “abuse of power” means.

We will never know what went on in their minds, but we certainly know what Judge Seymour Gelber thought.  And, he made no bones about it!  Myron may have left that Chamber without a clear cut conviction, but there will always be that black cloud of uncertainty on his head.  He was not exonerated by any stretch of the imagination.

Myron’s troubles, however, are far from over.

He still has to come before the City of North Miami Beach Code Enforcement Board to answer for the various Code violations for which he was brought before the Ethics Commission in the first place.  He was supposed to face the music at the last Board meeting held on October 13, 2011, but asked for and received a postponement because…get this…he had to change attorneys!  This is the very same tactic he used to stall the proceedings before the Ethics Commission for over two and a half years!  I guess Myron thought that if this ploy worked for one trial, it would certainly work for another.  I wonder if the lawyer he was gonna use was the high profile, high priced Kendall Coffey, to whom he paid probably tens of thousands of dollars to defend him against his Ethics charges.  If so, did Coffey quit?  And, if so, why?  My guess is that Myron is running dangerously low on cash.  Of course, I could be wrong.  But I doubt it.  Seems like Kendall Coffey, Esq. isn’t the only creditor on Myron’s accounts payable list.

On September 26, 2011, a Final Judgement was handed down in Case Number 09-87517-CA-21, entitled American Expresscenturion Bank, Plaintiff, vs. Myron Rosner, Defendant, to the tune of $20, 891.38, plus court costs of $491.00, plus interest at a rate of 6% per year.  OMIGOD, the slimeball can’t even pay his credit card bills!

On October 11, 2011, a lawsuit was filed under Case Number 11-31014-CA-23, entitled Wells Fargo Bank, NA, a National Banking Association, Plaintiff, vs. Siz Construction, Inc., Myron Joel Rosner and George H. Lucos, Defendants.  In this action, Wells Fargo is claiming that Myron and his former business partner, George H. Lucos, entered into a loan for the principal amount of $46,317.80.  The Complaint doesn’t specify when this transaction took place; however, it was before Myron and Mr. Lucos ended their business relationship sometime before December of 2007.  (His official resignation as Vice President was filed with the Florida Secretary of State on January 18, 2008).  Wells Fargo does produce as an exhibit to the Complaint a statement dated December 10, 2007 from Wells Fargo to Myron, acknowledging his request to cancel Mr. Lucos’ cardholder access on the line of credit.  Another exhibit to the Complaint is a letter dated December 12, 2007, with fax printout as proof of delivery, from Mr. Lucos to Wells Fargo requesting that his name be removed as cosigner on the account.  Through a spokesperson of Mr. Lucos, I’m also told that he has in his possession documents regarding his agreement with Myron to terminate his relationship with Siz Construction, including Myron’s agreement to assume all liability of the business.  Mr. Lucos is now in the unfortunate position of having to hire an attorney to defend him against this action because his name was on the original line of credit even though his former partner, Myron, should have been making payments on this loan.  Hopefully, Mr. Lucos will prevail and the Court will order Myron to pay his legal fees as well.

On top of these troubles, Myron is still under investigation by the Florida Elections Commission for charges of campaign finance fraud.  I was advised by the investigator a few days ago that the Commission is still on the case.  A letter from the Commission will be forthcoming, although I was not given a timeline.  Hopefully, it will be soon.

Apparently Joe Centorino, Esquire, brought his prosecutorial apathy with him from the State Attorney’s Office to the Ethics Commission.  The Miami-Dade County Commission on Ethics and Public Trust may be one of the lamest and most toothless agencies ever created by a government body, but there’s absolutely no screwing around with the Eleventh Judicial Circuit Court.

One also hopes that the Florida Elections Commission takes its duties seriously.

Myron’s ethics trial may have ended in a deadlock, but his legal woes have only just begun.  I’m guessing he’s giving Kendall Coffey, or his successor, enough work to keep him in business at least through 2012.  Myron Rosner is a defense attorney’s wet dream.

I’ve also heard rumors that Myron is considering running for North Miami Beach City Council in 2013 because he didn’t do enough damage in the six years he sat on the dais.  If this is true, he must really be a glutton for punishment.  He apparently wasn’t humiliated enough at the polls last May.  That’s okay.  I’m guessing there will be plenty more dirt to dig should Myron actually make this bonehead move.

Then there’s also the fact that his wife, Circuit Court Judge Sarah Zabel, will be up for re-election in 2013.  She may have no control over her dirtbag husband, but by virtue of the fact that she’s married to him, she can hardly claim ignorance (or innocence?) of all of Myron’s malfeasance.  You can bet I will wholeheartedly and enthusiastically endorse her opponent in that race.

Yeah, a gadfly’s work is never done.

Stephanie Kienzle
“Spreading the Wealth”

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