The Police and The Lawsuit and The Community

The commission should be looking to the community for our input on the resolution of the Carlos Noriega lawsuit.  Noriega from a community perspective was a forward thinking, community involved leader who restored our police after years of bad leadership.  

But that does not seem to be the plan.  There is no discussion scheduled on Tuesday.     

Marvin Wilmoth has not answered mails and concerns expressed to him by community members.  

Andreana Jackson and Jose Alvarez have reportedly refused to consider settling and reinstatement out of concern that Alvarez's spouse, Mary Kramer, might be investigated if the evidence leads to her.   

This is bad.   

There will be a executive meeting, from which the public is barred, for the commission to consider the settlement offer of reinstatement and unless we change the narrative, the decision will be made free of public comment.  

While the commission will hear from the lawyers, the cops, the village management, they will not hear from the public.  Again, there is no public hearing on this matter.   

There should be.  

On Tuesday, April 9, at 6:30 PM, the regular commission meeting is in place and during Good & Welfare, we will have a three minute opportunity to express to the commission why the benefit of the community should be in front and center.   

For background, among the most obvious side effects of the last year is that our police department is once again a political football, with no clear path forward and no real relationship with the community.   

After Marlen Martell fired Carlos Noriega to bring the police in a "different direction" and then proceeded to replace him with Lewis Velken, who was never even a village employee and who was paid through a third party, allegedly to avoid complying with FRS rules, ad the police have been in a holding pattern ever since  (Side note, after dispatching Noriega, Marlen Martell was fired for failing to provide an ordinance and explosives show to usher Connie Leon-Kreps out with a bang.  You can't make it up.  It's on video.)

The accreditation process was ripped out by Lewis Velken and outsourced to a profit making third party and is pretty completely derailed right now, which means that we can't qualify for grants and make our police budget that much more expensive.  

The police department is facing three lawsuits for wrongful dismissal, and a fourth claiming age discrimination from an officer who was facing discipline for allegedly stealing the sergeant's exam, then in spite of that clear advantage, failing the exam, and now claiming that it's because he's old.   

Now that the dust is settling, the commission has to face the best way to settle these lawsuits, whose totals could run well into the millions.   Of our money.   

In January, during an executive privilege session, not open to the public, it has emerged that the reason that two of the commissioners, Andreana Jackson and Jose Alvarez, would refuse to do the simple and the right thing, that is reinstate Carlos Noriega, a move that would have the side effect of resolving at least two of the other lawsuits.   

According to the now public record from the Commission on Ethics, published here.  It seems Jackson gave as her reason to not consider reinstatement of Noriega is her concern that he might pursue the investigation into Alvarez's spouse, Mary Kramer, and according to the document, Alvarez agreed.   

This is what is known as "particular benefit."   If an elected official will directly and uniquely benefit from a vote, she or he must recuse themselves and exempting your spouse from legal investigations sure seems to fit that bill.   

The commission has been dealing with complex legal, financial, HR and management issues one shattered piece at a time.   And have chosen deliberation over speed, to my frustration but probably to our benefit.  

Now it's time for the commission to assume its rightful role.  It's clear that Jackson and Alvarez cannot vote on this in good conscience.  The motivation is too strong.   

Marvin Wilmoth has to stop playing coyly with the constituents and engage fully in the conversation about how to right the system.  

And Latham and Strout need support in their efforts to do the right things the right way.   

The shadowy, morally bankrupt players who got us in this mess are making their voices heard and it's up to the decent people of North Bay Village, those of us who don't make money from the village or fear investigation of things we've done, to make sure we are present and let the commission now that it's our future they need to be concerned about.   

Tuesday, April 9, at 6:30 PM.  Village Hall.  

Kevin Vericker

April 7, 2019