Finally, the chickens are coming home to roost.

During the two years that the indisputably corrupt Arthur “Duke” Sorey was running the City of North Miami Beach, he and the four equally corrupt elected officials who hired him, lived it up on taxpayer dime.  They wined, dined, traveled, partied, and campaigned away your hard-earned money with absolutely no oversight or accountability.

Until now.

As Keith Myers reported last September, the Florida Commission on Ethics found probable cause that McKenzie Fleurimond “abused his position to obtain a disproportionate benefit and misused his public position when he charged a $300 gala ticket sponsored by the Florida Democratic Party to his city-issued purchasing card.”

In that Complaint, we alleged:

The government of the City of North Miami Beach consisting of one (1) Mayor and six (6) Commissioners is a non-partisan body.

McKenzie Fleurimond’s donation to a political party benefits only himself. It should not be paid by the City, since there is no public purpose or benefit for the residents of North Miami Beach.

Currently, that file is on the desk of the Florida Attorney General pending adjudication.  We’re told that McKenzie will either choose to accept the verdict and pay a fine or request a hearing before the State of Florida, Division of Administrative Hearings.  We will not know the outcome for quite a while as it could take several months before the Attorney General can review the case.

The wait is over, however, on the outcome of an identical Complaint filed with the Miami-Dade County Commission on Ethics and Public Trust against McKenzie for this same allegation.  We’re happy to report that he was smacked with another probable cause that he violated Sec. 2-11.1.(g) of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance, which states:

“(g) Exploitation of official position prohibited. No person included in the terms defined in subsection (b)(1) through (6) and (b)(13) shall use or attempt to use his or her official position to secure special privileges or exemptions for himself or herself or others except as may be specifically permitted by other ordinances and resolutions previously ordained or adopted or hereafter to be ordained or adopted by the Board of County Commissioners.”

As a result, McKenzie was ordered to pay a $500.00 fine to the Ethics Commission, but that’s not even the best part.

According to Executive Director Jose Arrojo’s Legal Sufficiency Memorandum:

Complainant alleges that on or about December 3, 2021, while the respondent was serving as an elected Commissioner in the City of North Miami Beach, Florida, the respondent contributed $300 in public funds to the Florida Democratic Party – Federal Account. The funds were paid to the Florida Democratic Party- Federal Account via a charge made to the respondent’s municipal issued purchase card. The funds were paid to ActBlue. ActBlue is nonprofit entity that collects donations for Democratic candidates and committees, progressive organizations, for a 3.95% processing fee. The donation to the Florida Democratic Party-Federal Account, also allowed the respondent to attend a Florida Democratic Party event.

Ethics Investigators, however, uncovered that this “donation” was just the tip of the iceberg.

According to Commission Advocate Radia Turay’s Probable Cause Memorandum, when questioned McKenzie admitted that, although he never requested one, a taxpayer-funded Purchasing Card (P-Card) magically fell from the sky into his greedy little hand, that he was “vaguely familiar” with the City’s Procurement Policy & Procedure Manual, and that he conveniently “did not recall ever receiving specific training regarding the use of the P-Card.”

Former Chief Procurement Officer Donna Rockfeld, however, disputed McKenzie’s account by stating, “Everyone that is issued a P-card from the Procurement Department gets training and a handbook.  There is also a receipt and acknowledgment of both on file in the Department records.”

Interestingly, in a March 13, 2023 Memo from ex-City Manager Duke Sorey, McKenzie’s Procurement Card Request Form and Purchasing Card Agreement are mysteriously missing from the list provided, alongside a note stating, “updated form requested.”

McKenzie dug his hole deeper by explaining “that the purchase was for the Florida Democratic Party 2021 Leadership Blue Gala Weekend event, that took place in Orlando, FL, on December 3-5, 2021. He recalled reading online that this was a popular yearly Florida Democratic Party event. He stated that his purpose for attending the event was to hear from the Florida Commissioner on Agriculture, other municipal officials, and state officials, regarding ‘policies and things that were happening in Tallahassee.’ He indicated that he made a ‘last minute decision,’ to attend the conference and described it as a ‘fact-finding’ trip.”

Oh, okay.

The Probable Cause Memorandum reported, “The receipt the Respondent received after the purchase notes, ‘1 individual Gala ticket’ for a purchase in the amount of $300.00.”

However, the report continues, “The top of the receipt states, ‘Thank you for your contribution in support of Florida Democratic Party­-Federal Account!’ The purchaser’s name is “McKenzie Fleurimond,” the Respondent.”

The Ethics Commission Advocate noted, “He indicated that he did not view the $300.00 charge as a donation/contribution, even though the receipt he received after making the purchase states, ‘[t]hank you for your contribution in support of Florida Democratic Party-Federal Account!'”

Had McKenzie even bothered to read the Procurement Policy & Procedure Manual, he would have known that charges for “Gifts and Donations” are expressly prohibited uses of the City’s taxpayer-funded P-Cards.

But, when Duke Sorey was mismanaging the City, no laws, policies, or procedures were followed or, especially, enforced.

Here’s the best part.

The Probable Cause Memorandum continued:

The Respondent acknowledged that he was aware that he should not use his P-Card for “political things.” He stated, “I don’t think this is a partisan [event], you know… but it was organized by the Democratic Party….” He stated that he will reimburse the city if the Ethics Commission finds that there is a violation. He noted however that no one from the City of North Miami Beach has approached him regarding the inappropriate use of his P-Card relating to the Florida Democratic Party 2021 Leadership Blue Gala Weekend charges.

Oh, okay.

If no one told McKenzie that he coudn’t attend a partisan event on taxpayer dime, then who told him that he could?

The Ethics Investigator began a “fact-finding” mission by first interviewing former Chief Financial Officer Marcia Fennell and Accounts Payable Clerk Juliet Pennant-Allen.

Here’s where it really gets good.

Ms. Fennell “recalled reviewing and reconciling the Respondent’s $300 charge to the Florida Democratic Party. She stated that she remembered the charge as it was entered as a ‘donation,’ and the city’s Procurement Card Policy specifically prohibits the use of P-Cards for donations.”

Furthermore:

Ms. Fennell stated that she met with her direct supervisor at the time, City Manager Arthur Sorey, regarding the item. She stated that the Chief of Staff at the time, Willis Howard, was also present at the meeting. She could not recall the exact date of the meeting. She stated that during the meeting, they discussed issues relating to City Commissioners’ P-Card statements, and she specifically brought up the Respondent’s Florida Democratic Party transaction and asked what remedial steps would be taken. She stated that she was told that they (Sorey and Howard) would speak to the Respondent about the matter. She indicated that they (Sorey and Howard) never got back to her regarding the matter. Neither Sorey nor Howard currently work for the City of North Miami Beach.

When interviewed by the Investigator, Duke Sorey lied through his teeth.

As usual.

He stated that as City Manager, he had no direct responsibility for the P-Cards, indicating that he was the ultimate supervisor of the department heads who manage the P-Card process. He stated that he did not recall any meeting where the Respondent’s $300 P-Card transaction was brought to his attention. However, he acknowledged that he did recall a conversation about Commissioners using their P-Cards to make donations, and there being a follow-up email indicating that donations should not be made using P-Cards. As to specifically recalling the conversation with Ms. Fennel regarding the subject donation/contribution, he stated “maybe, I’m not sure.”

Oh, okay.

But, here’s the best part of all.

Not only did McKenzie illegally make a $300.00 donation to the Florida Democratic Party, he also illegally spent taxpayer money to attend a partisan “leadership” weekend!

Mr. Sorey acknowledged that City funds cannot be used for partisan purposes. He stated that he approved the Respondent’s travel expenses related to the Florida Democratic Party 2021 Leadership Blue Gala Weekend because it had the word “leadership” in the title.“

Furthermore:

He indicated that while elected officials cannot use City funds to pay for partisan events, he did not view the Respondent’s $300 contribution to the Florida Democratic Party as a donation, but rather as a service charge for attending a conference where the conference organizers will be “teaching leadership.”

He reiterated that no red flags were raised when he reviewed the travel package submitted by the Respondent regarding Florida Democratic Party 2021 Leadership Blue Gala Weekend because of the “leadership part.”

Oh, okay.

Instead of taking responsibility for his actions, which he never, ever did, Duke made up a lame excuse and — you guessed it — threw Marcia Fennell under the bus.

He noted that, as City Manager, he signed approximately two hundred documents a day, and stated that, by the time documents reach his desk, the documents should be correct because someone should have reviewed them. He advised that “Marcia [Fennell] signed it [the travel packet] before it came to me, why would she sign it and give it to me.”

In the final analysis, the Advocate recommended probable cause, and explained:

Generally, Section 2-11.1(g) of the Ethics Code provides that an elected official may not use his or her official position to secure special privileges or exemptions for himself, herself, or others. The Ethics Commission has opined that the use of public funds to attend partisan political events constitutes a violation of Section 2-11.1(g) of the Ethics Code. For example, in INQ 11-39, the Ethics Commission stated that a municipal official may not use city funds to purchase a ticket to a partisan political event in Miami-Dade County, where local elections are nonpartisan, as the official would be securing a special benefit for himself/herself, and this would violate the Ethics Code at Section 2-11.1(g), entitled “Exploitation of official position.” See id.; see also INQ 15-90 (a county official may not use public funds to pay for the attendance of “deserving senior citizens” at a dinner sponsored by the Republican Party because it would constitute an exploitation of official position due to the partisan nature of the event).

In this case, the Respondent violated Section 2-11.1(g) of the Ethics Code by using his city of North Miami Beach issued P-Card and additional city funds to pay for a donation/contribution to the Florida Democratic Party and all his travel-related expenses associated with his attendance of the Florida Democratic Party 2021 Leadership Blue Gala Weekend, a partisan event.

Along with the probable cause ruling and $500.00 fine, McKenzie was also ordered to reimburse the City for all expenses related to his attendance at the partisan event.

Sooner or later chickens, always come home to roost!

According to the Advocate’s Memorandum:

The Post-Travel Expense Report submitted by the Respondent indicates that the City of North Miami Beach paid a total of $1,345.47 for the Respondent to attend the Florida Democratic Party 2021 Leadership Blue Gala Weekend. See Exhibit H. This included $300.00 for “registration,” $662.73 for lodging, $138.00 for meals, and $233.74 for mileage.

What’s really pathetic, is that McKenzie had to “finance” his debt to the City by making nine monthly payments of $149.50.

For two long years McKenzie thought nothing of whipping out his taxpayer-funded P Card to pay for whatever he wanted as if he were some Very Important Person.

During that time he spent well over thirty thousand dollars of your money knowing full well that the bill would be paid in full every month — BY YOU!

But, when he had to pay back a mere fraction of the more than $30,000 he charged, he had to arrange an installment plan.

Keep all of this public corruption in mind when McKenzie asks you to re-elect him in November.

North Miami Beach residents deserve better.

Stephanie

UPDATE:  See:  Signed Public Report and Final Order C 23-10-02