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P RELIMJNARY REPORT RE: N!ISCONDUCTBY DEERFIELD BEACH A1AYOR J EAN ROBB


SUMMARY
In May 2014, the Broward Office of the Inspector General (OIG) began an investigation based on
allegations that City of Deerfield Beach (City) Mayor Jean Robb misused her elected position. The
OIG had received allegations that Mayor Robb, in her official capacity, improperly solicited two
charitable donations made by the owner (Owner) of a local luxury automobile dealership.
Although the OIG investigation did not substantiate those particular allegations, we detennined
that after the Owner made the charitable donations, the Mayor used her position to attempt to
obstruct the City's code enforcement efforts involving the dealership. Specifically, Mayor Robb
told a Broward heriffs Office Deputy who was the City's code enforcement officer that "I want
you to leave [the dealership] a l o n ~ He just gave me two 500 checks."
The investigation also uncovered other instances of misconduct by Mayor Robb, to wit: (1) using
her position to obtain benefits for her church and pastor by directing City staff to issue an
employee parking sticker to the pastor, and to use City employees and equipment to clean the
church's parking lot; (2) attempting to block the City from awarding a contract to a vendor he
personall y disfavored; (3) unilaterally committing the City to pay for transportation for a Little
League baseball team in circumvention of procedures that required the participation and approval
of City employees; and (4) attempting to personally direct the duties of the City Purchasing
Manager.
1
In furtherance of her aims, Mayor Robb repeatedly personally dir cted and attempted to
personally direct the duties of City employees- and committed City resources in so doing-
without the requisite knowledge or authorization of the City Manager, as plainly required by the
City's charter and code.
The OIG also received allegations that Mayor Robb accepted a gift valued at over $50 and
misappropriated gifts given to the City, but those allegations wer not substantiated by the
investigation. In addition, the OIG received all egations that Mayor Robb violated Florida' s
"Sunshine" laws by attempting to block residents' emails and by using her personal email address
to communicate with City staff, but those allegations were unfounded.
The OIG investigation established probable cause to believe that Mayor Robb engaged in acts of
ethical misconduct. The OIG wi ll be referring this matter to the Florida Commission on Ethics,
and the City, for their independent as essment of the application of state and local ethics laws.
1
ection 12.0 I (A)(2) of the Cha1ier of Broward County (Charter) defines mi sconduct to include any violation of any state
statute or code, any violation of any county or municipal ordinance or code, or conduct involving corruption or abuse.
OI G 14-0 17
October 2, 2014
Page 1 of 22
B IUl\\ \ IW 0111 < I ()I 111 1 I '\'-1' 1 ( I ()I{ (rl I){ \ I
PRELIMfNARY REPORT RE: MISCONDUCT BY CITY OF DEERFIELD BEACH MAYOR JEAN ROBB
OIG CHARTER AUTHOlUTY
ectio n 12.0 1 of the Charter of Broward County empowers the Broward Office of the Inspector
General to investigate misconduct and gross mismanagement within the Charter Govenm1ent of
Broward County and all of its municipalities. This authority extends to all elected and appointed
officials, employees and all providers of goods and services to the County and the municipalities. On
his own initiative, or based on a signed complaint, the Inspector General shall commence an
investigation upon a finding of good cause. As pari of any investigation, the Inspector General shall
have the power to subpoena witnesses, administer oaths, require the production of documents and
records, and audit any program, contract, and the operations of any division of the County, its
municipalities and any providers.
The Broward Office of the Inspector General is also empowered to issue reports, including
reco1m11endations, and to require officials to pro ide repmis regarding the implementation of tho e
recommendations.
THE INDIVIDUAL COVERED IN THIS REPORT
1l1ayor Jean Robb
Mayor Robb has been a resident of Deerfield Beach for 53 years. She first served as mayor from 1980
through 1993 and was elected again in March 2013 for a four-year term. The Mayor certified that she
took eight hours of ethics training in 2013 and filed a certificate of attendance for another eight hours
in 2014.
RELEVANT GOVERNING AND DMINISTRATIVE AUTHORITIES
The SoUcitation of Charitable Contributions
The Code of Ordinances of Broward County, Code of Ethics for Elected Officials (Broward Ethic
Code) prescribes the manner in which Broward municipal elected officials may soli cit and receive
charitable contributions. The Broward Ethics Code states that:
Sec. 1-19( c )(5) Solicitation and Receipt of Contributions.
a. Charitable Contribution Fundraising.
1. The sol icitation of funds by an Elected Official for a nonprofit charitable organization,
as defined under the Internal Revenue Code, is permissible so long as there is no quid
pro quo or other special consideration, including any direct or indirect benefit between
the parties to the solicitation.
2. To promote the full and complete transparency of any such solicitation, an Elected
Official shall disclose, on a form created by the Broward County Attorney's Office, the
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HHO\\ \IUJ 011 f( I ()I 1111 "''"I ( I ()!{ Ll \ I ~ ~ \l
PRELIMINARY R EPORT RE: MISCONDUCT BY CITY OF DEERFIELD BEACI-1/viAYOR J EAN R OBB
name of the charitable organization, the event for which the funds were solicited, and
the name of any individual or entity that may have promoted the solicitation. The form
shall be filed for public inspection . . ..
3. The requirements and prohibitions oftbis subpati ball not apply to actions of an
Elected Official in connection with charities or fundrais ing events sponsored by the
official's governmental entity. . ..
Limits on the A uthority of the A1ayor of Deerfield Beach
The Deerfield Beach City Charter expressly limits the manner in which the Mayor is allowed to
interact with city officers and employees, nan1ely, that such interaction be made through the City
Manager. These limitations clearly manifest the intent of the Chatier to separate the City's
legislati ve functions from those of the executive.
2
City Charter 3.06, Mayor and vice mayor,
provides:
(a) Mayor. The mayor shall pre ide at meetings of the commission and shall be recognized
as head of the city government for all ceremonial purposes; ... and as the city official
designated to represent the city in all agreements with other governmental entities or
certifications to other governmental entities but shall have no administrative duties
except as required to carry out the !esponsibilities herein. (Emphasis added).
City Charter 3.09, Prohibitions, states in relevant part:
(3) Oversight of administration. Except for the purpose of inquiries a11d investigations, the
commission or its members hall deal with city officers and employees who are subject
to the direction and supervision of the City Manager solely through the City Manager,
and neither the commission nor its members shall give order to any such officer or
employee, either publicly or privately. (Emphasis added) . othing in th foregoing is
to be construed to prohibit individual members of the commission from examining by
question and personal observation all aspects of city government operations so as to
obtain independent information to assist the member in the formulation of policie to
be con idered by the commission and assure the implementation of such policies as
have been adopted.
It is the expre s intent of this provi ion, however, that such inquiry shall not interfere
directly with the regular municipal operations of the city and that recommendations for
change or improvement in city government operations be made to and through the City
Manager. (Emphasis added).
2
The Charter limitations were imposed on February 14, 1989, during Mayor Robb's first turn in office.
OIG 14-01 7
Octobet 2, 2014
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B HO\\ \IUl Ott I< I < ll II II ('\...,1'1 < I OH <.t I H \1
PRELIMINARY REPORT RE: MISCONDUCT BY CITY OF DEERFIELD B EACH MA YOR l EA R OBB
Misuse of Public Position
The Florida Ethics Code prohibits a public officer from using and attempting to use her official
position to secure a personal benefit for herself, or for others. F.S. 112.313, Standards of conduct
for public officers, employees of agencies, and local government attorneys, states in pertinent part:
(6) Misuse of Public Po ition.- To public officer, employee of an agency, or local
government attorney shall cotTuptly use or attempt to use his or her official position or any
property or resource which may be within his or her trust, or perform his or her official
duties, to ecure a special privilege, benefit, or exemption for himself, herself, or others.
F. . 11 2.3 12, Definiti ons, describes "corruptly" as:
(9) "Corruptly" means done with a wrongful intent and for the purpose of obtaining, or
compensating or recei ving compensation for, any benefit resulting from some act or
omission of a public servant whi ch is inconsistent with the proper performance of his or her
public duties
The Deerfield Beach City Code of Ethics (City Ethics Code) mirrors the state prohibition ofthe
use, and attempted use, of official position for either personal gain or gain for others. City Code
2-502, Required and prohibited conduct, states in relevant pati:
(e) A regulated officer shall not use or attempt to use his or her official position to
improperly or unreasonably request, grant or obtain in any manner any privileges,
advantages, benefits or exemptions for themselves or others that are not available to
those generally avai lable to city residents or which are not specificall y incident to their
position and the conduct of their public duties. . ..
(p) A regulated officer shall not, directly or indirectly, induce, encourage, or aid anyone to
violate any provision of this ethics code.
Acceptance of Gifts
The Broward Ethics Code and the City Ethics Code both impose limits on the source and value of
the gifts received by regulated individuals such as the Mayor. The Broward Ethics Code states
that:
ec. 1-1 9( c), tandards of Conduct.
( 1) Acceptance of Gifts.
(a) Elected Officials ... shall not accept gifts, directly or indirectly, regardless of value,
from lobbyists registered with the governmental entity on who e behalf they (or their
spouse, regi tered domestic partner, or relati e) serve, or from any principal or
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October 2, 2014
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l ~ H l \ \ \ IW 0 11 1< I (JI 1111 (\,1' 1 < I ()I{ <.1 \ II{ \I
PRELl 11NAR Y R EPORT RE: lv!ISCONDUCT BY CITY OF DEERFIELD B EACH J'r!A YOR J EAN R OBB
employer of any such registered lobbyist, or from vendors or contractors of such
governmental entity ....
(b) Elected Officials may accept gifts from other sources given to them in their official
capacity, where not otherwise inconsistent with the provisions of Florida tatutes
Chapter 112, Part III, up to a maximum value of 50.00 per occunence. Gifts given to
an Elected Official in his or her official capacity up to $50.00 in value are deemed to be
de minimis ....
The City Ethics Code, D.B.C. Code Sec. 2-502, Required and prohibited conduct, states in part:
(o)(l) A regulated officer ... shall not accept a gift as defined in F.S. 112.312 in excess of
50.00 (during any calendar year) from any person or entity that a regulated officer
!mows, or has reason to believe, has received or sought a land use plan amendment,
development permit (other than a building permit) or contract or the payment of city
funds from the city within the previous two years or within six months of the date the
regulated officer assumed his or her respective office, whichever is shorter.
I NVESTIGATION
This investigation was predicated on information alleging that Mayor Robb engaged in misconduct
by misusing her elected position. The OrO investigation ubstantiated the information by finding
that Mayor Robb attempted to use her position to obstruct City code enforcement efforts involving
a local dealership that donated to her chosen causes; used her position to obtain benefits for her
church and pa tor; attempted to block the City from awarding a contract to a vendor he personally
disfavored; unilaterally committed the City to pay for transportation for a Little League baseball
team; and attempted to personally direct the duties of the City Purcha ing Manager. The OrO
investigation did not substantiate all egations that Mayor Robb improperly solicited two charitable
donations, accepted a gift valued at over $50, or misappropriated gifts given to the City. In
addition, allegations received by the oro that Mayor Robb violated Florida's Sunshine laws were
unfounded.
This investigation included the examination by OIG Special Agents of substantial materials
including Parks and Recreation Department logs; City Commission minutes; City Commission
audio and video recordings; ity emails and correspondence; and materials obtained through
internet research. oro pecial Agents also conducted interviews of numerous current and fom1er
City staff, several witnesses from the BSO, Mayor Robb's church pastor, and Mayor Robb.
3
3
OIG pec ial Agents ori ginally interviewed Mayor Robb in !fay 2014. After we di scovered ftmher informati on that
implicated her in mi sconduct, she declined ow invitation to interview a second time.
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October 2, 2014
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Ill W \\ \ IW () I I I c I m I Ill [ ..,I' I c I < li{ (, I '\ 1 I{ \1
PRELIMINARY REPORT RE: MISCONDUCT BY CITY OF DEERFIELD BEACH MAYOR l EAN ROBB
Jllfayor Robb Did ot Improperly Solicit Charitable Donations
The OIG [nvest[gation commenced after we received allegations that the owner of a luxury
automobile dealer hip in the City gave Mayor Robb or the City $1,000 in charitable donations, and
that Mayor Robb then donated the money to charities of her choice. This raised a concern about
whether Mayor Robb violated the Broward Ethics Code s limitations on charitable solicitations,
and whether she may have misappropriated money intended for the City.
On May 14, 2013, Mayor Robb acknowledged to OIG Special Agents that at the May 6, 2014, City
Commission meeting, she announced her receipt and di sbmsement of donations to two local
organizations. They were the Deerfield Beach Hi torical Society, a nonprofit that identifi es, preserves,
and maintains historical sites in the City, and Family Central, Inc. (FCI), a nonprofit that provides
chil dcare education, childcare, and referral services.
4
Mayor Robb explained that a friend of hers had
informed her that the owner of Domani Motors asked to meet her, and her friend thereafter arranged
the meeting at the dealership. She said this was the first time she had ever met the Owner. Hi s wife
wa also present at the meeting. After the Owner asked Mayor Robb if she had any local
recommendations for the receipt of charitable donations, she suggested the Hi torical Society and FCI.
The Owner' s wife then exited and returned a short time later with a $500 corporate check made
payable to each of those organizations, both dated May 5, 20 14. (See non-executed copies of the
checks, attached as Exhibit 1)
Thereafter, Mayor Robb mailed the checks to the chariti es, each with a cover Jetter on City stationery
that began, "I had the occasion to meet with [the Owner] ofDomani Motors who wished to make a
contribution to whatever worthy cause I determined. " (Exhibit 2) The letters also said that she
intended to honor the Owner for thi act at the May 20, 2014, Commis ion meeting. Thereafter,
Mayor Robb did present certificates of recognition to the Owner and hi s wife at the May 20 meeting.
During her interview, Mayor Robb stated that she could not recall the date or time of the meeting, but
that she had filed a Broward Ethics Code Charitable Contribution Fundraising Disclosure Form noting
the donations. he then arranged for a City staff member to deliver a copy of a disclosure form to OIG
Special Agents. The form noted the date of solicitation as May 4, 2014.
5

6
(Exhibit 3)
Mayor Robb stated that neither the dealership nor the Owner had any current or pending matters
before the Commission. She also stated that she did not know whether they had any pending code
enforcement matters. She further stated that the City's budget included a li ne item for
contributions to FCI, and that the Historical ociety had received City fundi ng in the past.
4
FCI and the Historical ociety websites report that they are regi stered under the Internal Revenue Code as 50 I ( c )(3) not-
fo r-profit tax exempt corporations. Flori da corporate records identified the organizati on as Florida nonprofit corporations,
and neither Mayor Robb nor any elected City official was a corporate officer or board member of either organ ization.
5
The Clerk informed us that the Mayor passed the form to her during the May 6, 20 14, Commiss ion meet ing and that she
had inadvertently fai led to date stamp and file the form for public inspection (that is, post it on the City's searchable
internet database) . The Clerk remedied these deficiencies following our inquiry about them in August 20 14.
6
Mayor R.. obb tol d the OIG that the City Attorney advised her to complete the form noting the donations. The City
Attorney. who was present for Mayor Robb's interview, explained that he did not beli eve the circumstances required the
disclosu re fom1 but, in an abundance of caution and in the interests of transparency, he advised the Mayor to file it.
OIG 14-017
October 2, 2014
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PRELIM IN RY REPORT R.E: MISCONDUCT BY CITY OF D EERFIELD BEACH MAYOR lEA ROBB
Manager confim
1
ed to OIG Special Agents that the had budgeted contributi_on to
' torical ociety in fiscal years 1998, 1999, and 2003, and that 1t had $.15,0?0 m .
December 2013. He stated that the City had also provided in-kind .to H: toncal . oc1ety.
He fu rther stated that, since at lea t 1998, FCI wa in a contractual relat10n hrp w1th C1ty to.
provide social services such as childcare for local low-income families. In 2014, the provtded
9,000 in local matching funds to FCI in conjunction with funding from the Federal Ch1ld Care
Block Grant and Early Learning Coalition of Broward.
The OIG 's investigation concluded that the Mayor's conduct may have constituted a charitabl
solicitation and that there may have been an understanding between the parties for a direct or indirect
benefit. However, we also concluded that, because the City in fact sponsored these charitable entities
she met the exception to the limitations on charitable fundraising as enumerated in the Broward Ethics
Code. Accordingly, the allegations that Mayor Robb improperly solici ted charitable donations were
not substantiated.
lvfayor Robb Improperly Attempted to Influence Code Enforcement Efforts
The Owner acknowledged to OIG pecial Agents that his dealership had been the subject of
ongoing code enforcement efforts for parking code violations, although he did not believe that
there were any outstanding code violations at the time of his meeting with Mayor Rob b. The last
enforcement action he could recall had been approximately two months earlier. He stated that,
during the meeting, he did not discuss code enforcement issues or violations related to his bu iness
with the Mayor, ask for her assistance, or suggest that she peak to code enforcement officials on
his behalf regarding any pending or future matter .
The OIG met with a Broward heriffs Office Deputy who is the field supervisor of the City Code
Enforcement Divi ion (the Deputy). According to the Deputy, Code Enforcement had i sued the
dealership code violation warnings a number of times for what he described as "minor" violations
regarding where it can park its vehicles. Among other re tricted area , the Owner had been
parking vehicles on the property of Florida Power and Light (FPL) without expre s permission.
On April 23, 2014 the dealership received two warnings for parking on vacant lots, but a May 6,
2014, inspection determined that there was compliance, and Code Enforcement was not going
forward in that matter.
The Deputy told us that, one or two days prior to the May 6, 2014, City Commission meeting,
Mayor Robb called him and said, "[Deputy] , I want you to leave Domani Motors alone. He just
gave me two 500 checks." The Deputy stated that he notified Mayor Robb of the violations-
which he did not describe in detail to her- and she then replied that the Owner told her he had
permission to park on the FPL property, o that the dealership wa not in violation. The Deputy
responded to Mayor Robb that he would talk to the Owner but he informed u that he later thought
that could be con idered improper, given the involvement of Mayor Robb and the fact that the
parking violations were actually another code inspector's job responsibilities. The Deputy told u
that he believed the purpose of Mayor Robb's call was to influence the code enforcement effolis
regarding the dealership, but he stated that it would not.
OlG 14-017
October 2, 2014
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B I{ 0\\ \IW ()II I ( I ! l I II II 1\ " I' I ( I ! l I{ (,I \ II{ \I
PRELIMINARY R EPORT RE: MISCONDUCT BY CITY OF D EERFIELD B EACH MAYOR J EAN ROBB
On May 14, 2014, in response to a question from an OIG Special Agent about whether she was
aware whether there were pending code violations, she said she was not. Contrary to Mayor
Robb' s statement to the Deputy regarding her conversation with the Owner, the Owner denied to
OIG Special Agents that they had di cussed the parking probl em .
The Deputy stated to OIG Special Agents that he immediately informed the BSO li eutenant in hi
chain of command about the ubstance of Mayor Robb's call. ome days later, the Deputy's
Captain received a telephone call from Mayor Robb, who asked him to tell the Deputy to disregard
what she had said.
7
The Captain told OIG Special Agents that, at the time he received the
telephone call , although the call was brief and he did not under tand the context of her request, he
did not think it was unusual behavior for Mayor Robb. He contacted the Deputy and conveyed the
message. The Deputy later explained to the Captain that Mayor Robb initially telephoned him (the
Deputy) and told him to "back off' the dealership, and that Mayor Robb's contact with the Captain
was related to that telephone call. The Captain told us that he instructed the Deputy not to back off
enforcement efforts against the dealership.
The Deputy also informed the interim City Director ofPla1ming and Development ervices (the PO
Director ), who oversees the City's interests in code enforcement matters, about Mayor Robb's call
approximat ely one week prior to the May 20, 2014, Commission meeting during which she presented
certificates of recognition to the Owner for his donation . The PDS Director acknowledged that the
Deputy had call ed her and informed her about Mayor Robb's call to him to stop "picking on" the
dealership for code enforcement, that they were good people, and they had given money to local
chariti es. he told OIG Special Agents that during a May 14 ag nda preparation meeting for the May
20 Commi ssion meeting, she informed the City's management staff, the City Attorney, the City Clerk,
and the City Manager about Mayor Robb's call to the Deputy.
The 0 IG investigation found probable cause to believe that Mayor Robb engaged in misconduct in
violation of the Florida Ethics Code and the City Ethics Code when she improperly attempted to
influence the code enforcement efforts affecting the Owner of a dealership who made $1,000 in
donations to two local charities of her choice, for which she took credit. he used her official position
in an attempt to obtain benefits for the Owner and his dealership that are not generall y available to
City res idents, through actions that were inconsistent with the proper performance of her lawful duties.
Finally, her attempt to have the Deputy disregard her actions evidenced that she understood what she
had done was wrong.
A!fayor Robb Improperly Procured a City Parking Sticker and City Cleaning Services
The OIG determined during the investi gation that Mayor Robb directed City staff to issue, at no
charge, an employee parks and recreation parking sticker (PR sticker) to the pastor of Saint Ambrose
Church, of which she is a pari hioner. The City did not make avai lable the PRS sticker to City
residents at any price; a resident parking sticker, with significantly lesser pri vileges, would cost a City
7
By then, the OIG had begun its inquiry including, on or about May 7, 2014, contacting Mayor Robb' s office and leaving a
message requesting she discuss the Owner's donations with us.
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resident $100 for one year.
8
( ee sample PRS sticker, attached as Exhibit 4). We also determined that
Mayor Robb directed City staff to employ City personnel and equipment to clean the St. Ambrose
church parking lot for free.
pecifically, the Parks and Recreation Department (PRD) Director stated that in the fall of2013,
without prior notice, Mayor Robb presented herself at the PRD office and asked for a parking sticker
for the Pastor. She made it clear that she wa refening to a PRS sticker and not a resident beach
sticker, and told the PRD Director that she thought the City had previously i sued aPR stick r to the
Pastor. The PRD Director replied that she had never issued a PRS to the Pastor or any other person
who was not a City official or City staff, but that she would check. Mayor Robb re ponded to the
PRD Director, in the presence of her staff, "Make sure you follow up." The PRD Director told OIG
Special Agents that she believed Mayor Robb was implying that she would be in trouble if she did not
i sue the PRS sticker to the Pastor. The Director said that none of her staff could recall the Pastor
previously receiving a PRS sticker.
The PRD Director stated that, within five to ten minutes after leaving her office, Mayor Robb called
back and confinned that what she wanted was a PRS sticker for the Pastor and that she would
immediately be returning to the PRD office to get it. Within minutes of the telephone call, Mayor
Robb, in fact , returned. She provided the Pastor's vehicle description and tag number to the PRD
Director. The PRD Director then gave Mayor Robb the PRS sticker for the Pastor. The PRD Director
told the OIG that she felt obligated to comply with Mayor Robb's request, and a few days after she
issued the PRS sticker she informed the City Manager about it.
The City Manager informed OIG Special Agents that his office staff told him that Mayor Robb
contacted the office requesting that the Pastor be issued aPR sticker. He stated that he did not intend
to give the Pastor a PRS sticker, because they are only for elected officials and staff, and he did not
respond back to Mayor Robb. The City Manager said that, some days later during a City directors
meeting, t he PRD Director told him that she is ued the Pastor a PRS sticker at the Mayor's request.
The City Manager decided that, since the PRS sticker had already been issued and given to the Pastor,
he was not going to seek its return.
The Pa tor told us that, orne months ago, he found a new parking sticker on his desk. He wa not
certain if he had requested it or to whom he made any such request. After he became aware that
someone made an issue of it, he removed it. The Pastor acknowledged speaking to the City
Manager about the sticker, saying that he never needed one in the past and, since removing it, he
will pay to park.
With regard to the City's cleaning of the t. Ambrose Church parking lot, the Environmental
Services Department (ESD) Assi ta.nt Director stated that sometime around Lent (March 5 to April
20, 2014), l1e received a telephone call from Mayor Robb, who requested that he assign a street
8
The City provides residents with beach parking stickers for an annual fee of$100. These permit residents to park in
designated areas. The PRD issues PRS stickers to City employees and officials whose City duties would require them to
park their personal vehicles at the City beach and parks. A PRS st icker allows its ho lder to park at otherwi se restricted or
prohibited parking areas. The PRS sticker can be affixed only one time and is normally destroyed when removed.
OIG 14-017
October 2, 2014
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IJI HJ\\ \1{1} 01 11< I ()f 1111 "' "''' ( 1() 1{ (,f 'II{ \I
PRELIMINARY R EPORT RE: MISCONDUCT BY CITY OF DEERFIELD B EACH MAYOR J EAN R OBB
sweeper to service the parking lot of the church prior to 6 a.m. the next day. He did not direct
Mayor Robb to the City Manager or his supervisor, but rather agreed to arrange for the cleaning
because he considered her request as being "told to do it."
The Pastor stated that the City has swept the church parking lot for many years, particularly after
church festivals, which past mayors and city managers have approved. He said that, around Lent,
as he had done in the past, he called someone in the City and requested him or her to arrange to
sweep the parking lot, which was done.
The ESD Director told the OIG that, on the Monday after its completion, theE D Assistant Director
informed him that he (the Assistant Director) had assigned a street sweeper to service the church. The
ESD Director stated that the City does not utilize its street sweepers to service private prop rty unless
the City's activities were the cause of debris deposited on the property, such as that which might result
from underground utility repairs or adjacent roadwork. He added that he could not recall authorizing
the sweeping of the church or any other private property parking lot, absent cause, nor could he recall
anyone else authorizing such services. The Director said that the cost to the City to sweep the church
parking lot was minimal; he said that it would have been a small job for a private service provider and
would cost about 200. Neve1iheless, the City Manager stated that, had he been asked, he would not
have authorized the sweeping of the church parking lot.
9
The investigation found probable cause to believe that Mayor Robb engaged in misconduct when
she improperly directed the PRD Director to assign employee-only parking benefits to her pa tor
and improperly directed the ESD Assistant Director to assign a City street sweeper, at taxpayer
expense, to sweep the parking lot of her church. Mayor Robb's actions violated not only the
Florida Ethics Code and the City Ethics Code, but also the City Charter, because she gave orders to
employees who are subject to the direction and upervision of the City Manager, instead of making
her requests directly to him.
Mayor Robb Attempted to Exclude a Vendor from Contract Consideration
The OIG investigation concluded that Mayor Robb engaged in furiher misconduct when she
improperly attempted to influence the Purchasing Manager to exclude a vendor from the selection
for a pending contract, in violation of the City Ethics Code and Charter.
The Purchasing Manager told OIG Special Agents that hartly after Mayor Robb took office, the
City Commi ssion had directed that a fea ibility study be done in contemplation of transitioning
from the BSO back to a municipal police department, and he wa in the process of researching and
prepari ng the bid solicitation for the study. The Purcha ing Manager informed the OIG that the
Mayor told him that she did not want the City to permit a particular vendor to bid on the
solicitation and did not want th City to award the feasibili ty study contract to the vendor.
10
This
9
The City Manager told the OIG that the City has used the church parking lot for specia l event parking, and in such an
instance. he mi ght authori ze the use of the street sweeper. He also said that the City has an agreement with the church for
mutual use of its facilities, but the agreement does not include sweeping the parking lot clean.
10
The Purchasing Director could not recall the identity of the vendor.
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was outside the scope of Mayor Robb's duti es and, once again, in contravention of the Charter's
prohibition that she not direct the City's administrative staff members. The Purchasing Manager
repl ied to Mayor Robb that the City would not exclude a vendor from the solicitation or selection
and that it would not deviate from the standard procurement process. He said that, after some
research, the City Commission declined to bid out the feasibi li ty study altogether, and the City
took no further acti on.
Nfayor Robb Unilatemlly Committed t!Te City to Fund Transportation for a Little League Team
The O!G investigation found that Mayor Robb again violated the City Charter by conunitting the
City to pay for bus transportation services for the City-sponsored Little League baseball team and
then directing City staffto facilitate the commitment without conferring with the City Manager or
the appropriate department head.
In Jul y 201 3, Mayor Robb called the City's Athletic Coordinator and told him that she had promised a
Little League team that the City would pay for a charter bus to transport it to a multi-day competition
in Tampa, Florida. The PRD Director told the OIG that the City regularl y paid for such trips and, if
requested, would li kely have approved the expense using the standard procedures. Although the Little
League team should have submitted the request to the City Manager or the PRD Director, the League
went di rectl y to Mayor Robb, who in tum directly contacted the Athletic Coordinator. ( ee the
Athlet ic Coordinator's July 22,2013, email to the PRD Director de cribing Mayor Robb's call,
attached as Exhibit 5) In addition to unilaterally making the commitment to provide a bus for the trip
at City expense, Mayor Robb asked the Athletic Coordinator to suggest that the City authorize $2,300
for Dav is Tran portation (Davis) to provide the bus service. The PRD Director aid that, when she
became aware of the request, he advised Mayor Robb that the team should have made the request
through her (the Director) or the City Manager. We observed that Davis ' s written proposal of July 22,
2013. (Exhibit 6) bears the facsimile header of Mayor Robb's personal fax number. The proposal also
lists ' 1ayor Jean Robb's Group" as the proposed client. The PRD Director ultimately did approve
Davis as the vendor, which received approximately 2,900 due to the trip b ing an extended an extra
day. II
Nfayor Robb Improperly Attempted to Dhect the Duties oftlze Purc!wsing Manager
The inYestigation found that Mayor Robb improperl y attempted to direct the duties of the Purchasing
Manager, in violation of the City Charter. The Purchasing Manager stated that in late 20 13 or early
2014 .. whil e he was a member of a multi-departmental committee to conduct a citywide parking study
to modemize parking revenue and enforcement efforts, he received a telephone call from Mayor Robb.
he requested that he research the installation of parking meter at the Cove Plaza parking lot to
generate City revenue and asked him to determine how much the City should charge for parking in
that area. The Purchasing Manager told us that he advised her that the setting of parking fees was a
11
City ordinance Sec. 38- 126(a), grants department heads the authori ty to purchase goods and services which are less than
$2,500 for a single purchase, subject to a valid current appropriat ion for the items to be purchased. The OIG did not
review the detai Is of the trip expenditures, and the relations hip between Mayor Robb and Davis, if any, was not a focus of
the invesrigat ion.
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City Commission policy decision and beyond the scope of his position but agreed to look at what
infon11ati on was available on parking systems.
The Purchasi ng Manager stated that he later attended a January 28,2014, City Conunission meeting at
which Mayor Robb publicly commented on the request she made of him. At that time, the City
Manager openly advised her that she should direct her requests thJough him, and he would then assign
the request to the appropriate staff. He offered to continue working with her, saying, "You've asked
me for things, and I've tumed around and given them to you in a quick manner. "
12
Rather than asse1i
any defense or explanation to the act of going around the City Manager, Mayor Robb merely replied,
"I have some things I haven' t gotten, yet."
A1ayor Robb Did Not Accept a Gift Valued Over $50 or iVJisappropriate Gifts Given to the City
The OI G received an all egation that, in her official capacity, Mayor Robb received toys from a
local toy manufacturer valued at over $50, in violation of the Broward Ethics Code, Sec. 1-
19(c)(l ). The OIG received a second tip alleging that the toys were a gift to the City and that
Mayor Robb appropriated them by giving them to a family of her own choice, without
Commission approval. The investigation did not substantiate the allegations.
We determined that, at the March 4, 2014, City Commission meeting, representatives of a toy
manufacturer headquartered in the City were present to receive recognition from the City
Commission for the company having received an award from the Toy Industry Association. At the
meeting, tl1e company representatives gave two toys directly to Mayor Robb. A verbal exchange
between the Mayor and the company representatives ensued, as follows:
13
Company:
Mayor:
Company:
Mayor:
Company:
Mayor:
Mayor, we've got some gifts for you (unintelligible)- the hottest toy of the
year.
I hope it's not wo1ih more than $50.
No (laughing) - no, no it 's not - it's this big, big, big play set for girls who
want to pretend to be Doc Me tuffin and actually (unintelligible) their toys.
My six kids and 11 grandchildren thank you.
There's more, here's a doll from last year (unintelligible).
Anybody have any grandchi ldren that are that age (speaking to the dai s)?
The recorded statements of the company representatives indicated that they gave the toys directly
to Mayor Robb, and they made no statements that suggested they intended the toys to be gifts to
the City. None of the Commissioners made any comment that he or she understood otherwise.
The Ci ty Manager's statement is on the 28, 2014, City Commission meeting video at 03: 12:00.
The \ Ideo commences at 00:06:5). It cannot be conclus1ve ly determmed from the video which company representat ive
was speaking.
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Mayor Robb accepted the toys, and she openly commented that her family thanked the company.
She then publicly asked the Commissioners if anyone had grandchi ldren of an age that could
benefit from the toys, to which there was no response. In response to a March 6, 2014, emai l from
City staff inquiring about the location of the toys, Mayor Robb replied she gave the toys to an
unnamed local fami ly.
The value of a gift is material to the application of the Broward 311d City limitations on the
acceptance of it, as well as Florida's requirements to disclose it. In the absence of a special
valuation rul e, the value of a gift is determined by the "actual cost to the donor."
14
The OIG
detennined that the combined retail value ofthe toys was less th311 $100. The representatives'
statement that the toys were valued at less than $50 was consistent with the assumption that the
manufacturer 's cost should be significantly less than the retail cost. The investigation also found
that the company was not a City contractor, vendor, lobbying firm or principal of a lobbyist. Nor
was any managing member a registered lobbyist. We found no evidence that the toy company or
related persons or entities had requested a land use amendment or bad any other pending matter
before the Commission. Accordingly, we concluded that state and local ethics laws did not
prohibit , or require the disclosure of, Mayor Robb's acceptance of the toys.
jYJayor Robb Did Not Violate Florida 's Sunshine Laws
The 010 received allegations that Mayor Robb violated Florida's Sunshine Laws
15
by attempting to
block residents ' emails and by using her personal email address to communicate with City staff, but
those al legations were unfounded.
With regard to the emai l blocking allegations, we found that Mayor Robb only sought to avoid
viewing thee-mails of two residents, not to block the City server or the accounts of any officials or
employees from receiving them. These acts did not implicate the Sunshine laws, and there was no
evidence that the Mayor's intent was to affect the retention of public records.
16
With reg31d to Mayor Robb's use of her personal email account, we determined that no local or state
law prohibits elected officials from using personal email to communicate official business, so long as
they retain the communications in accordance with the public records law. Although we found no
violation of law in this case, we caution that this conduct ri sks violations when communications are
inad\eitently deleted or otherwise not retained.
14
F.S. I 12.31 49(7)(a).
15
The Florida Constitution and Florida State Statutes, Chapter 119 (public records) and Chapter 286 (open meetings),
provide a ri ght of access to publ ic records and governmental proceedings. They are commonly referred to as the Sunshine
Law or Laws.
16
On September 17, 20 14, the Florida Commission on Ethics dismissed a complaint against Mayor Robb which rai sed the
same al legations.
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As a part of the investigation, OIG Special Agents conducted numerous interviews.
Significant interviews are summarized below:
1. Interview of the Owner of Domani kfotors
The Owner said that he did not personally know Mayor Robb but as with most local elections,
he usual ly contributed to all the candidates. He said that he wanted to meet the new mayor and
he believed that he was the one who called the City to make the arrangements. He stated that
Mayor Robb agreed to meet at his office. The Owner emphasized that this was his first
meeting with her.
The Owner stated that over the years his business has grown and become very profitable, and
he wanted to give back to the City. He further stated that he contributed what he estimated as
thousands of dollars each year, for many years, to local organizations and causes.
The Owner stated that, prior to meeting Mayor Robb, he had platmed to donate to the Deerfield
Beach Housing Authority and another local cause, and when they met he asked if she knew of
any organizations that would most benefit from his donations. Mayor Robb suggested the
Historical Society and FCI. The Owner stated that he had previously been unaware of FCI or
its cause. He said he bad checks issued from the dealership's corporate account for 500 to
each organization and gave them to Mayor Robb. The Owner commented that, since donating
t o FCI, he received a thank you letter from its president and will be donating directly to it in
t he future. He added that, during a recent City Commission meeting, the City formally
recognized him for his contributions to the community.
The Owner said that he has occasionally had code violations resulting fiom a variety of issues,
most involving vehicle parking. He stated that his buil ding is one ofthe nicest buildings on the
street and, although he believed that some of the code enforcement actions were unwarranted,
he has and wi ll continue to attempt to comply with the law. He said that he has an ongoing
issue with parking, some ofwhich was caused by the widening ofSW 10 Street some years
ago and the in tall ation of sidewalks, which negatively affected hi available parking space.
He emphasized that most of the violations were related to temporary parking, citing as an
example the many times he has moved cars out of his showroom and parked them outside
while moving a car from the back of the showroom. He stated that at least one of the code
violations regarding parking had gone before a special magistrate who found in his favor.
The Owner stated that he did not believe that, at the time of his meeting with Mayor Robb,
there were any outstanding code violation . He also stated that he believed that it had been
approximately two months since the last code enforcement action. He further stated that,
during his meeting with 1ayor Robb, he neither discussed code enforcement issues or
violations related to his business, nor did he ask for her assistance or suggest that she speak to
code enforcement officials on his behalf regarding any pending or future matters.
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2. Interview of the Deputy Sheriff and Code Enforcement Supervisor
The Deputy stated that he has been involved in the code enforcement function for the City
almost continuously since 1997, when the City contracted with BSO for its services. He
currentl y supervises the BSO civilian code enforcement inspectors. The Deputy's duties
include reviewing code inspection reports, reviewing enforcement actions, responding to
inquiries and complaints, attending commissioners ' di strict and regular Commission meetings,
and attending special magistrate hearings related to code enforcement matters. The Deputy
stated that the goal of code enforcement actions is compliance.
The Deputy said that he was famil iar with Domani Motors and its owner, who have generally
come into compliance, except on one occasion, when a matter was brought before the code
enforcement magistrate, who ruled in part for the dealership and in part for the City. The City
had warned the dealership a number of times for what the Deputy described as "minor"
violations, generally the result of site plan restrictions, which operate to limit the location
where Domani Motors can park its vehicles. In addition, the dealership had been parking
vehicles on the property ofFPL, without its express permission.
l'he Deputy was present for the May 6, 2014, City Commission meeting when Mayor Robb
announced that she received two $500 donations from Domani Motors for two local causes, the
Historical Society and FCI. The Deputy stated that a day or two prior to the May 6 meeting, he
received a telephone call at hi s office directly from the Mayor. The Deputy said that Mayor
Robb told him, "[Deputy] , I want you to leave Domani Motors alone. He just gave me two
$500 checks. " The Deputy told her that the dealership had code violations pending. Mayor
Robb spontaneously repli ed that the Owner said he had permis ion to park on the FPL property
and that the dealership was not in violation. The Deputy said he then told her that FPL denied
gi Ying the dealership such permission. He informed us that, based on his knowledge of Mayor
Robb and the fact that her call was not preceded by or related to any other subj ect, he believed
the purpose of her call was to influence code enforcement efforts regarding the dealership. The
Deputy said that he did not feel intimidated by Mayor Robb' s conversation, and felt he had the
supp01t ofBSO' s admini stration.
The Deputy said that, some days following Mayor Robb's phone call , the Captain telephoned
him and informed him that he had just finished speaking to her, and she asked that he tell the
Deputy to disregard what she had said. At the time, the Captain was not aware of the context
of her request and message. The Deputy observed that the request to disregard could not have
been related to any matter other than the Mayor Robb' s request that he leave Domani Motors
alone.
The Deputy stated that he has not had any further contact with Mayor Robb since the telephone
call, and he was unaware of her contacting any code enforcement inspector or any BSO staff
(other than the Captain) regarding the dealership. The Deputy stated that the Captain directed
that there would be no change in enforcement efforts related to the dealership, and he did not
tell the code inspector responsible for the dealership area about the call.
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The Deputy stated that it was not unusual to receive a telephone call from a City commissioner
regarding code enforcement issues, but that he received more calls from the Mayor. He said
that, in no other case, has a commi ioner improperly attempted to influence code enforcement
action.
3. Interview of the BSO District Chief and Captain
The Captain (who is also the District Chief) stated that, sometime in May 2014, Mayor Robb
call ed him and asked him to tell the Deputy to disregard what they had talked about. The
Captain aid that, at the time he received the telephone call , he did not know the context of her
request. He aid that he did not consider the brevity of the call unusual for her. In response to
the Mayor Robb's telephone call , he call ed the Deputy and informed him of hermes age.
Some days later, the Captain received a telephone call from the lieutenant who is in the chain
of conunand between the Deputy and the Captain. The lieutenant told the Captain that he had
leamed that Mayor Robb had spoken to the Deputy about Domani Motors's code violations.
The Captain stated that, sometime before the May City Commission meeting when the owners
of the dealer hip received recognition for donating to a local cause, the Deputy told him that
the donations from the dealership were related to the telephone call that the Captain had
received from Mayor Robb a few weeks earlier. The Deputy told the Captain that she had
i nitially telephoned him and told him to back off the dealership, and that her call to the Captain
was related to that call. The Captain stated that he then infonned the Deputy that they would
not be backing off enforcement efforts.
4. Interview of the Planning and Development Services Director
The PD Director stated that the City contracts out code enforcement responsibil ities to the
BSO, and that the City considers the Deputy to be the supervisor of the day-to-day
enforcement efforts. It is her job, in consultation with the City Manager and the City Attorney,
to ad vi e the Deputy on the interpretation and application of the City's ordinances.
The PD Director stated that, during a discuss ion with the Deputy about Domani Motors in
May, he told her that he had received a telephone call from Mayor Robb. he could not quote
the conversation but said that the Deputy told her that Mayor Robb asked him why he wa
picking on the dealership and declared to him that they were good people and had given money
to local chari ties.
The PDS Director took no action at the time; however, during a May 14, agenda preparation
meeting for the !fay 20, 2014, City Co1m11ission meeting, she observed that the owners of
Domani Motors were on the agenda to receive a presentation from Mayor Robb for their
donations. She stated that it was during this meeting, attended by the City's management staff,
the City Attorney, City Clerk and the City Manager, that she told the group about Mayor
Robb's telephone call to the Deputy.
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5. IntervieJv of the Parks and Recreation Director
The PRD Director stated that, in the fall of 2013, her staff informed her that Mayor Robb
presented herself, without prior notice, at her office reception area and asked about getting a
beach sticker for the Pastor. The staff told Mayor Robb she would have to speak to the PRD
Director. Upon meeting with the PRD Director, Mayor Robb reiterated her request for a beach
parking sticker for the Pastor. The PRD Director asked her to clarify whether she was referring
to a resident sticker or a PRS sticker. Mayor Robb stated she was referring to a PRS sticker,
and told the PRD Director that she thought that the Pastor had previously received one. The
PRD Director told Mayor Robb that she had never issued a PRS sticker to the Pastor or anyone
who was not an elected official or on the City staff, but that she would do some research and
respond back.
17
Mayor Robb responded in the presence of the PRD staff, "Make sure you
follow up." The PRD Director stated that she believed that Mayor Robb was implying that she
would be in trouble if she did not comply with the request. Mayor Robb left, and the PRD
Director made inquiries of her staff to determine if the City had ever issued the Pastor a PRS
st icker. She stated that no one could recall and there were no records of it.
The PRD Director stated that, within five to ten minutes of Mayor Robb leaving the office, she
called back and confinned that she wanted a PRS sticker and that she would immediately be
coming back to get it. Within minutes of the call, Mayor Robb arrived back at her office. The
PRD Director felt she was obligated to comply with the request and issued the PRS sticker for
the Pastor to Mayor Robb. She later told the City Manager what had occurred.
The PRD Director stated that Mayor Robb obligated the City to provide a service without
going through the City Manager on another occasion. She said that, in July 2013, the Athletic
Coordinator told her that Mayor Robb told him that she had promised a local Little League
team that the City would pay for a charter bus to transport it to a multi-day competition in
Tampa, Florida. The PRO Director told the OIG that, although the City regularly approves and
pays for such trips, the tean1 should have submitted the request to the City Manager or her.
She did not believe the City Manager was aware of Mayor Robb' s request. She said that,
according to the Athletic Coordinator, Mayor Robb also told the Athletic Coordinator that she
wanted him to recommend that the City authorize $2,300 for a bus to be provided by Davis
Transportation. The PRO Director stated that the City Manager has directed all City
management staff to route all of Mayor Robb's requests through him.
6. Interview of the Pastor
The Pastor stated that he has been the pastor of the Saint Ambrose Church twice, most recently
from 1993 to the present. He said that he has known Mayor Robb and other City officials and
employees for many years. He expressed that he did not want to get involved in discussions
about the PRS sticker. He stated that he was aware that a local person had made an issue of the
PRS sticker and, as a result, he removed it. He said that the City only issued the one sticker to
17
At the time, the City had on ly employed the PRD Director for approximately two years.
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hi m. The Pastor acknowledged speaking to the City Manager about it. He stated that he had
never needed one in the past and, since removing the sticker, he will pay to park.
The Pastor stated that he received the sticker some months ago, when it appeared on his desk.
He was not certain if he had requested the recently issued parking sticker or, if so, to whom he
mad the request. He said that many years ago, he had a beach parking sticker, but he did not
know if the new sticker was the same as he was previously issued or even that there were
different stickers.
The Pastor stated that the City had wept the church parking lot for many years, particularly
after church festivals, a practice that past mayors and city managers approved. He said that,
around Lent, he called someone in the City to sweep the parking lot as he had done in the past
and , as requested, the City swept the lot. The Pastor told us that his maintenance man
informed him that the current city manager may not continue the practice.
7. Interview of the Environmental Services Department Assistant Director
!he ESD Assistant Director stated that sometime around Lent (March 5 tluough April 20,
2014 ), Mayor Robb called him at his office and requested that he assign a City street sweeper
to sweep the parking lot of the aint Ambrose Church prior to 6 a.m. the next day. He agreed
to provide the service. He stated that the time was not an issue because street sweeping
commences very early in the moming. However, as the street sweeper operator had already
left for the day, he had to call him at home to tell him about the new assignment. The sweeper
cleared the lot as Mayor Robb requested.
In anti cipation of the OIG interview, the ESD Assistant Director researched his depmiment' s
records but could not find a notation about sweeping the church. He stated that he took Mayor
Robb's reque t as being "told to do it." He did not immediately tell the ESD Director about
her request, and he did not inform the City Manager. It was only sometime after he completed
the a sigrunent that the E D Director became aware of the matter. He said that he could not
recall any other such requests from Mayor Robb or the City Commission.
8. Interview of the Environmental Services Department Director
The ESD Director stated that, sometime in Apri l 20 14, theE D Assistant Director infom1ed
him that he had authorized the sweeping of the Saint Ambrose Church parking lot pursuant to a
direct request from Mayor Rob b. The ESD Director said he recalled that the ESD Assistant
Director had informed him that Mayor Robb made her request late on a Friday, and he (the
ESD Director) learned of the request early the next week after the service had been rendered.
He said he instructed the ESD Assistant Director to route all future extraordinary requests
through the City Manager. He stated that he could not recall any time when he had authorized
sweeping of the church or any other private property, nor could he recall such services being
authorized by anyone else in the City, including the former mayor. He added that the City doe
not uti lize its street sweeper to service private property, unless municipal activity caused debris
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to be deposited on the property, such as would result from underground utility repairs or
adj acent roadwork. The ESD Director stated that he had heard that the Saint Ambrose parking
lot may have been swept at one t ime, but he didn't know when or the circumstances. He said
the cost to sweep the church lot would be a small job for a private provider, who he estimated
might charge $200.
9. Interview of the Athletic Coordinator
The Athletic Coordinator stated that Davis transported a local Little League team to Tampa in
Jul y 2013 . The Little League team is usually the only sporis team that travels outside the tri-
county area. He stated that Mayor Robb received or requested the original quote for
transportation for the trip from Davis. He also stated that he forwarded the request for the trip
to his supervisor, the PRD Director. He stated that the original quote was for less than $2,500,
which is below the bidding threshold, and thus within the authority of the PRD Director to
approve. The Athletic Coordinator said that the length of the trip was originally for two days,
but because the team won, it was required to extend the trip another day. Thus, the team Davis
submitted an additional request for $600.
10. l ntervie1v of the Purchashtg
The Purchasing Manager stated that in late 2013 or early 2014, while he was a member of a
multi-depatimental committee to conduct a citywide parking study to modernize the parking
revenue and enforcement efforts, he received a telephone call from Mayor Robb. She wanted
him to research the installation of parking meters at the Cove Plaza parking lot to generate City
revenue and asked him to determine how much the City should chmge for parking in that area.
He advised her that parking fees were a City Commission policy decision and beyond the
scope of hi s duti es. However, the Purchasing Manager did tell her that he would look into
information on parking systems. He stated that he later attended a City Commission meeting
where Mayor Robb publicly commented on the request she made of him. The City Manager
openl y responded to her that she should have directed her request through him and not have
gone directly to the Purchasing Manager.
The Purchasing Manager recall ed another instance when Mayor Robb attempted to affect hi s
duti es without going through the City Manager. He could not recall when it was, only that he
believed it was shortly after she took office. He stated that at the time, the City Commission
had directed that staff conduct a feasibi lity study in contemplation of transitioning from the
BSO back to a municipal police department, and he was in the process of researching and
preparing the contract soli citation for the study. He said that Mayor Robb told him that she did
not want a particular vendor to be permitted to bid on the soli citation or awarded the feas ibility
study contract. The Purchasing Manager said that the vendor she was referring to had
previously provided services to the City, but he could not recall its name. He said he advised
Mayor Robb that they would exclude no one from the solicitation or selection and that there
would be no deviation from the standard procurement process. The Purchasing Manager stated
-
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that, after some research, the Commi ion declined to bid out the feasibility study and took no
further action on the matter.
11. Interview of the City J11anager
The City Manager stated that he was formally appointed to his position in September 2010. He
expressed that he had a strained relationship with Mayor Robb.
The City Manager stated that, pursuant to the Charter, the Mayor and any Commissioner may
make inquiries of City staff, but they may not direct or interfere in staff members' job duties or
assigm11ents. He also stated that he knew of no instances when any other members of the City
Corm11i ssion attempted to direct the work of City employees. He stated he can and has
cautioned Mayor Robb about her conduct, and he has di rected his staff to let him know if she
attempted to affect their j ob duties. He further stated that he believed that the City Attorney
has also advised her about the prohibition against her directing the activities of City staff.
The City Manager said that the PDS Director had contacted him and informed him about a call
Mayor Robb made to the Deputy prior to the May 6, 2014, Commission meeting. The Deputy
told the PD Director that Mayor Robb told or implied to him that he should go easy or lay off
the dealership because they had donated money. The PDS Director added that Mayor Robb
l ater called the Deputy's captain and asked him to del iver a message to the Deputy to disregard
their previous discus ion. The City Manag r said that Mayor Robb's call to the Deputy
occurred after the OIG began its inquiry into the donations.
The City Manager stated that, sometime in October or November 2013, his office staff
informed him that Mayor Robb had requested that the City issue aPR ticker to the Pa tor.
He further stated that he did not intend on issuing the Pastor a PRS sticker, because they are
only for elected officials and employees who are required to park their personal vehicles at
City parking areas for City business. The City Manager repeated that he had a strained
relationship with Mayor Robb and that she limited her interaction with him. Thus, it did not
surprise him that she had bypa ed him with such a reque t. The City Manager stated that,
some days later at a City directors meeting, the PRO Director informed him that she had issued
aPR sticker to the Pa tor at Mayor Robb's request. He aid that he made a decision that
since the PR had already been issued, he was not going demand its retum.
The City Manager stated that for many years, the City had an agreement with the church,
recently formalized, to use its parking lot. In return, the City provided in-kind services but was
not responsible for routine parking lot maintenance. The City Manager was aware that a City
street sweeper had recently cleaned the church parking lot. He said that was not one of the
services pursuant to the agreement and, had he been a ked, he would not have authorized it.
OIG 14-017
October 2, 2014
Page 20 of22
~ IW \\ \lUI ()II I < I <II 1111 1\" II < I < l I< C. I 'I H \1
PRELIM lNARY REPORT RE: MISCONDUCT BY CITY OF DEERFIELD BEACH MAYOR l EAN R OBB
12. JntervieJv of Jl1ayor Jean Robb
Mayor Robb said she previously served as City mayor from 1980 to 1993. When OIG Special
Agents read excerpts of the City Commission meeting minutes from May 6, 2014, regarding
her receipt and disbursement of donations, she stated that a friend of hers call ed and told her
that the owner of the Domani Motors car dealership had expressed interest in meeting with her.
She said she did not recal l the specific date or time she met with the Ovmer. Mayor Robb
stated that she did not personally know him but knew he supported her mayoral opponent in
tbe last election.
Mayor Robb stated that the Owner expressed his appreciation of the City and told her that he
had previously given donations to many local causes and non-profits, such a youth sports and
City events, and woul d agai n like to contribute to a local nonprofit that benefited residents. He
asked if she had any recommendations, and she suggested FCI and the Historical Society.
Mayor Robb stated that she never suggested that the Owner donate any specific amount of
money to either cause. he further stated that after their discussion, the Owner's wife exited to
another room and came back with two checks for $500 each, one for the Hi storical ociety and
one for FCI. After recei ving the checks, Mayor Robb mailed them to each organization
accompanied by a letter she authored on City stationery. In the letters, she told the charities
t hat she arranged for the donations to be directed to them.
Mayor Robb stated that neither the Owner nor the dealer hip had any current or pending
matters before the Commission. She also stated that she did not lmow whether Domani Motors
or the Owner had any pending code enforcement matters.
1ayor Robb said that the City's budget included a line item for contributions to FCI. In the
cmTent budget, it was 9,000, and she stated that he was recommending that the City increase
funding to $20,000. In the past, the City has budgeted contributions to Historical Society, but
in recent years, due to financial constraints, the City may not have budgeted any.
Mayor Robb stated that after she informed the City Attorney about her receipt of the donations,
he advi sed her to complete a disclosure form noting the two organizations and to file it with the
City Clerk.
COl'\CLUSIONS
The OIG investigation fow1d probable cause to believe that Mayor Robb engaged in misconduct when
she attempted to use her position to obstruct City code enforcement efforts involving a local dealership
that donated to her chosen cause . We found that Mayor Robb routinely abused her authority by
directing staff members without the City Manager's lmowledge and approval. Given Mayor Robb's
long tenure in her position, we mu t conclude that uch abuse was not accidental. Such actions
contravene the City charter's well-considered safeguards separating the executive from the legislature.
OIG 14-017
October 2, 2014
Page 21 of 22
H Htl\\ \H I I O i l I < I ()I I ill 1, .... ,. 1 ( I (lll ( ,J 'Ill \ I
PRELI MINARY R EPORT R.E: M ISCONDUCT BY CITY OF DEERFIELD B EACH MAYOR J EAN R OBB
------------- -- --
They also have a predictably coercive effect on employees and circw1went controls designed to protect
publi c resources and maintain governmental accountability.
The OIG will be refening this matter to the Florida Conunis ion on Ethics, and the City, for their
independent assessment of the application of state and local ethics laws.
In accordance with Section 12.01 (D)(2)(a) of the Charter ofBroward County, a preliminary copy of this
report is being provided to Mayor Robb and the City of Deerfield Beach for their discretionary written
responses, which, if received by the OIG, shall be included in the OIG' s final report. The OIG reserves
making any reconu11endations pending review of any response received to these preliminary report
findings.
OI G 14-017
October 2, 2014
Page 22 of22
OIG 14-017
EXHIBIT 1
\

DOMANI MOTORCARS INC_

(954) 4<!8-5636 FAX (9.54f4Z8-8563
7D SW lOJHSTREET
OffRAELO &ACH, FlORiDA 33441
.Jil!#>

SONT.Rusr .'01 RT0610001C><
63-215-631
PAY TO THE FAMILY CENTRAL

1 20'4-9
515!20:14
$ -soo.oo
!.. Five Hundred and .. ...... . .... . ..... ., ..... ..... .. ,a... ...... .... . . A,"" -==

FAMILY CENTRAL
. 1
0
MEMO
DONATION
__ p ____ , .................. ____ _,___ _ ,.......-.... ,.,.;.......... ----------------- ----------.----.------- "'" ----------- '' -------.L..- -o o - . , --- ----------
..

sUNrn:us:r AC>t RT-061000104
63-:215-631'
1

$-
., .... ,,... . ............ ... " .... ,. .................... .. , .... , ........... ..... . ...... . .
FiveHurtdred and ........ ...,.............. ....... u:ARs
_____________________________ -:--- -!JY . J
DEERFIELD HISTORICAL SOCIETY
MEMO
DONATION
OIG 14-017
EXHIBIT 2


C it r o f
DEERFIELD
BE A C:: H
,1ft t,\ 'IJ I'
Jen1 1 ltol oh
I .,.,.,. ,1 '"' "r
l'l'e !i l< ttl
Bill Gun"
.l nseph 1'. M il lro
lli eltanl S.
(.'i11 II """.e,.,.
B tlq!C::' S


lnternetCoas t
-------

2001 2003
. ..... . ....... . . , 0 _;:__;:_,.____p

--
Deetileld Beach
I !iO :-> < nlt d .- \"'""' ' J), -, ... li 11tl 1! 1111-lt. !' lorida :l:! 111- :!SI)Il Trlr plt otte (951) tHO- 1200 Fnx (951) IB0- -12oG
May 05, 2014
Aimie Kay Tenner
President
Deerfield Beach Historical Society
PO Box 755
Deerfield Beach, FL 3344 i
Dear Ms. Tenner
I had the occasion today to meet with Michael Domani of Domani
Motors who wi shed to make a contribution to whatever worthy
-- cause I determined. My first thought vvas for the Deerfield Historical
Society, and I am enclosing his check in the amount of 500.00 for
you to use to further your cause. I intend to honor him on May 20th
at the commission meeting to express our gratitude for his kind
contribution.
Sincerely,
Jean M. Robb, Mayor
www. deerfield-ben ch.co111

"W"
C il )' of
DEEn.FIELD
B E A C H
,\/ayur
.l ema 1\oltla
l 'i l' t' .\( ii."/1'
n r 11
( .'omrn i."...:iml t rs
Bill Ganr.
,lnsq >h 1'. Wlhr
f(i dwnl S. Rosl' ll1.1H'if!
C:it1
Buqrc.-.":'s I h.u1:-:: n11
Q

lnternetCoast
Deerfield Beach. Deerlfeld Beach

-- ------------ 1

2003
------'!.

Mlmeria

Deerfield Beach
2004.

&\ \JC \'fAYCCAYI'A1011
1 11 1 'l''l 11 '' "<JU 'l' l I I) 1110- 1200 i'ax (951) lfi0-1263
lSO N. E. Scrond _. \ntllll' l! C't' riHld n,ar l 111'1( " . .. ) l jl lOlll -..iJ) .
May 05, 2014
Barbara A Weinstein Ed. D.
/CEO
Family Central, Inc.
840 SW 81
51
Avenue
North Lauderdale, FL 33068
Dear Ms. Weinstein
I had the occasion today to meet with Michael Domani of Domani
Motors who wished to ma.ke a contribution to whatever worthy
cause I I thought of our conversation the children
who go hungry, and I asked him to make a contribution to your
cause. Enclosed you will find his check in the amount of 500.00. I
am also pushing for the city to up its contribution to 20;000 for the
upcoming year. I intend to honc:H him on May 20th at the
commission meeting to express our gratitude for his kind
contribution.
Fondly,
. Jean M. Robb, Mayor
www.decrfield-bcach. co Ill
Rer:p:INIPUJICr
OIG 14-017
EXHIBIT 3
.MJ.b, .

gf d. Qffici a h_...,._,..., e&= . .'- . .. ..""' .. _ ... ....:.;. ; __ .. __ _
_ . .:::::; 5'_,.,..-.: <+:s... ..

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f
L
i'
'-
I
I
OIG 14-017
EXHIBIT 4
Cit ) of
EERFIELD
BEACH
OIG 14-017
EXHIBIT 5
fi-9r'!l:
:.Si:! nt>:
'1:0.:
sub')ect:

AM



.. a.ii6 to
wP:.\:1Jd the; lty:,
( v!UI: . . . .
s.taise. t:eo.ne,_ . i:J?Rff.
Re:cr.13.anori: 1r

Phone'

..
!he oHy; Bea.ch
Et".'>l:iil and: ;o;.,;:tiil 'j f:es"' '; k: 'ecr +Q. "th R 151\i :o,- eo' ; I\ cc ct :e ,- reoot.o.s s_ b. -e_ct .to All
.. .. - .. -.. .!>!'! : . ,$ .. ,r_ .... .. .JJ .. S .. - fi,U. , <. .)1 1 . .. ,.: \\; - -< .... ' - ,. .<:. . . .


and Mt# me.


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Jul 22 13 11:10a
'
l :t /11 / 'LI? I tll
Jean Robb
95448201 17
tJ t:J: ll IL':J:J.jt1
1 .22.13
DAVIS TOURS

P.O. BOX 16147
Client
..\,.d Netl
Ft Laudardale, FL 33318
Office: 954.472.2958 Fax: 954.472.9538
!Ylayw Jean Grou.p
N'WJe &: No.>( Cbn.to.ct
N line of Tou
Jeaa Robb- /'Fi 9S4.482.{)ll7
Catbleen Williwu- P: 254.24S.7UO
Tampa
;l!n'e
$2,300 Retcu'n S11.turdny)
5.2
1
900 Return Sunday)
$3,3{}0 {4--Days Manday)
:Pl!t9 Driver's Gratuity & Ilotelroom
NambQ; oE
Nttmbu of: llttn!J

57-PAX
One
7.:Z6J3
.. ,""DAYIS'rOURS'IS NOT RE5PON5ffiLE FOR ITEMS LE.O: OJ'.'I Al'<Y BlJS AFTER FINAL OltOJ:'
DAYS AF.r.E.RA NATURAL DlS.ASTEJt 1'H1S CON'X'RA.Cf CAN BE CAiiCELLEJ)
AT AN'r' 'l'.IMEA.1' DAYl8 TOURS SOLE
"*"'WE COl"SIJ)ER THIS TOUk ONLY UPON OlJR RECE!l'l' A
Dr.l'JSIT &: SlONE!) COPY OF TIUS .l..I.'IT.EB. 0'1!'
FOR DRIVEft'S ROOM CRA'IlJITY-
PL.E.A:s.E <ID'J> GRATUITY DIRECTLY TO .tH:UVER ....
'"'"DA VlS TOURS rtrA Y SU:SS!l'fll'J:E: BUSES AT ANYTlME fOR ANY
LOCAL CHARTER BOOJ(l,NG O:F;. MOl'ORCOACHH
.. +-NO FOOD OR DRINRS ON BUSI:S WlTHOO'X' ARRANGEMENT'
L .lniti:U DepoBit: $5d0.00 l\o'iih sisow contntt
2. due by 7.25.13
. make checks Pa.Yable to :oAVJS TOURS, INC.
C..;l!CEU .. AilQN f;'OLICY: O>Jposl!s are full y rofunclalte if c.ancor!Btion Is reoalved 45 da'fs prior ro departure. Less than
45dil Y5 canCGRatlon result in o1 Any bcx:MtlS Y>i lhh45 d<y& of depar1ura date 'Mil forfeit
th etfeposll E!Otlg any non-mfimdable payments made 1o the airlines, hotels, restaurants, etc., if a motor coach ls canceled
'Within 2 'kle&ks of there "niU be a 5{}% of full con !tact prioo assassment fee. We te<:Ommend ihe purchBSe of
ins;Jrance. Ttill.l priw vafid Cflly for 7 days a!ler r;ontract. The mu!l btl contvmed, $igned and
re!IJrned to D<rJis To \II'$ the requIred deposit tn be va!Kf. With<rut conflnnatlon anclrBtum uf contr.r.rt to Davis
fours ,v.ith Ule deposit, the quo red price cell be m6de Invalid and null at ttle role of Oavli Tours. Davis
Tomls not ulred tD notif1 ro _ e cHent of rice chan es after In t al 7 da after conlract is sent to me cHe11l
SJ,>OT IJl':II! 8:30am @River Town Square ..) 1015 S . .federal Jf.\vy. Deerfield Beach 3344 1
DEPART: 9:00a.m For Tampa provide destination name and address)
p.2
Return wiJI depend on if they win or Jose the game.s: If t11ey win on Fri. they stay overnight and
play if they win on, Sat. they stay overnight and J?lay on Sun. if they wih on Sun. 'they stay
overnight and return on MOllday.
TlllS LE'.TIER OF .A GltLEl\1ENT IS SUBIE.CT TO OF THE SERVICES COVEQ.Wl tu:REIN ON
TtiE DATE TifE SIGNEP OJ? AGREEMENT fS llECEl\1)1:0 WfrH DF.l'OSH BY DAVIS TOURB
DAYIFOUI}$
Sign.ed by: Jim Signe<l
Ihte: Date:
LlAB.JJJ!X ACREEL'r1ENT: Cust.ome.r f\1ll responsibility for vehicle damage or speclal
cleaning arJd DAYlS TOURS 10 charge fur tb.e expenses regardless ofMd in addition to any
prior understandings and agrcem.ents. Customer agrees that a ny of hislheJ activities or vi or deemed
by the cltautfear ro be illegal or peritot)s will result in immediste tenninalion of the job without a .('efund .
. \

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