Question of the Day:  Is it legal for a local municipality to establish and run a charitable organization?

I’ve googled the hell out of that question every which way and can’t find an answer.  I also posed this question to several attorneys I know and they shrugged their collective shoulders.

I’m sure the question of whether or not it’s legal didn’t even occur to North Miami mayor Andre Pierre since that’s exactly what he’s planning on doing.  The Law be damned!

The Miami Herald posted an article this morning, North Miami set to vote on Biscayne Landing deal Tuesday.  According to the article, “In the proposed agreement, Oleta Partners LLC has agreed to pay the city $19 million upon the execution of the lease. The development is critical for the city’s finances: About $6 million of the city’s 2011-2012 budget hinges on the success of the retail project.”

One of Councilman Scott Galvin’s concerns, and why he intends to (futilely) vote against this project is because of, “[a] requirement for the Oleta Partners to contribute $500,000 over five years to an entity called the North Miami Educational Foundation. Galvin noted that while the city has filled out the paperwork establish the non-profit, the foundation has yet to be fully established and he worried it would become “slush fund” for politicians to donate to unknown recipients.”

Slush Fund indeed!  Imagine the possibilities!

Considering that the mayor will be termed out on May of 2013 (can I get a Hallelujah?), he’s going to do everything he can to maintain his power base.  For starters, there are grumblings between his fellow cohorts, councilwoman Marie Steril, who is handcuffed by the Ethics Commission from voting on any legislation regarding Biscayne Landings, and councilman Jean Marcellus, over who will inherit Pierre’s throne.  I say “throne” because Pierre runs North Miami like he’s the Prince of Port-Au, and he has a very vested interest in who next ascends.  As long as one of them is elected in his stead, Pierre can still pull strings on the Council to get his personal agenda passed.  If neither of his proteges is able to steal the mayoral seat, Pierre will lose all control over his fiefdom.  Not to mention face.  By controlling $100,000.00 of developer Michael Swerdlow’s money over the next year, he could ostensibly divert funds to the campaign of whichever puppet will win the Steril vs. Marcellus battle.  Considering that Señor Pierre’s personal finances appear to be drained for the time being (foreclosure is HELL!), he’s going to need to drill open a new well of steady funding before the next election.  Then there’s also the pesky little problem of Pierre’s having to find a place to live once his house is snatched by the bank, I imagine the temptation to dip into the “Educational Fund” to help pay rent might be a tad hard to resist.  Of course, I’m just speculating here.  I could be wrong.

Councilman Galvin’s suspicion of this “donation” becoming a “slush fund” is probably right on target.

Councilwoman Marie Steril has had her share of “issues.”  On top of being spanked by the Ethics Commission for accepting a very timely donation for her non-profit organization from the developer of Biscayne Landings, she also took a $2,000.00 campaign donation from principles of Waste Pro, the newly hired private garbage company for North Miami.  She seems to hold her own against the mayor in the Shake Down Department!  While we’re at it, will someone please ask the esteemed Ms. Steril where many of the toy donations collected by the North Miami Police Department’s Police Athletic League went?  You know, toys that were intended for needy children in North Miami?  Some of them seem to have gone missing and a little birdie told me she just might know something about this.  Maybe they disappeared into the North Miami Bermuda Triangle, eh?

A convenient “slush fund” might also be used for the purpose of diverting some “charity” bucks to friends and family members who haven’t quite made it to these shores yet from an island nation out in the Caribbean.  Of course, no elected official in the uber-transparent City of North Miami would EVER do something so heinous as to steal North Miami revenues or donations for use outside the city limits.  I’m sure this is just a nasty rumor.  I must dispel it immediately!

Of course, if Jean Marcellus is the Chosen One to succeed Andre Pierre, we can rest assured that his allegiance is with the City of North Miami and nowhere else.  The fact that he received as a “gift” from Pierre’s nephew/campaign manager, Ricardo Brutus, a free airplane ticket to Haiti, doesn’t mean a thing.  I’m sure no matter how many times Marcellus visits his home country, he’ll always be back in time to vote for self-serving legislation.  It was a round-trip ticket after all.  Yeah, he’ll be back.  You can bet on that.

Councilman Scott Galvin knows he doesn’t have a fighting chance by voting against questionable legislation.  He is simply outnumbered.  Why Councilman Michael Blynn intends to vote for this Biscayne Landings contract without investigating further is a mystery.

While it would be extremely politically incorrect for me to state what Andre Pierre’s REAL agenda for North Miami is, actual Haitians in Haiti have no problem stating it for him.  An article published by a website in Haiti on November 21, 2011 entitled North Miami, a U.S. City Ran by Haitians, tells the whole story by this excerpt:

The Haitian-American attorney [Andre Pierre] is the head of a Board of five people, three Haitians and two Americans.

“Haitians have the power here being most represented in City Board. When they want to do something, it is easier to vote. This demonstrates the importance of Haitian community to elect the most fellows in various public positions here, “says Lucie Tondreau who runs a consulting firm for immigration matters.

Apparently, the best interests of ALL the residents of North Miami are not even a blip on Pierre’s radar.  North Miami is but a stepping stone to further his real agenda.  The people of Haiti are counting on his success.

Stephanie Kienzle
“Spreading the Wealth”