The Miami Herald

Posted on Sunday, April. 17, 2006

MIAMI-DADE COMMISSION

Critics see a conflict in commissioner's vote

Critics say Miami- Dade's commission chairman, who works for a firm tied to a powerful development group, has a conflict in voting on one of the biggest land-use decisions in decades.

BY NOAKI SCHWARTZ
nschwartz@MiamiHerald.com

In his public role, Miami-Dade County Commission Chairman Joe Martinez cast the swing vote keeping alive a proposal by two powerful development groups: the Builders Association of South Florida and the Latin Builders Association.

In his private life, Martinez, 48, earns about $156,000 as executive director of Corporate Protection Security Group. The company's owner and Martinez's boss, Julian David Gonzalez, is a vice president of the Builders Association.

On Tuesday, commissioners are scheduled to decide whether to allow development on nearly 1,000 acres of land currently off limits in the southern and western edges of Miami-Dade -- projects that could dramatically change the county's landscape. Critics say Martinez's private ties to the development community create the appearance of a conflict during one of the most crucial land-use issues before the commission in decades.

The vote cast by Martinez late last year supporting the developer groups in that area is now off the table, but his involvement in this week's proposals is still of concern to critics because the projects directly affect the same region.

Martinez refused to comment, but hours after he was contacted by The Miami Herald, he asked the Commission on Ethics and Public Trust if the relationship posed a conflict.

Ethics head Robert Meyers told The Miami Herald he saw no problem: "The boss is not there as Martinez's employer but there as the head of the builder's association. I assume [the commissioner's] salary has nothing to do with this.''

Opponents of such development see it differently.

''The perception is going to be that he is beholden to [developers], that he's biased, and that's not representing his constituents,'' said Cynthia Guerra, executive director of the Tropical Audubon Society.

For now, Martinez is expected to join 12 other commissioners in making a final vote on six applications to build on land currently outside the county's development boundary. Established in 1975, the Urban Development Boundary restricts development from encroaching on one of the county's last natural buffers to the Everglades.

Martinez and the commission first took up the issue in November when the Builders Association and the Latin Builders proposed an amendment that would have pressured the county to regularly move the boundary, according to county staff. Martinez cast the swing vote to keep the issue alive and send it to the state for review.

Martinez was one of five commissioners who unsuccessfully tried to send the measure without specifying that the majority of commissioners opposed the proposal. The state later issued a sharp rebuke, and last Wednesday the development groups unexpectedly yanked the proposal.

Mayor Carlos Alvarez, a staunch opponent of moving the boundary line, says Martinez shouldn't vote on any of the remaining applications.

''I believe the chairman is morally and ethically bound to recuse himself from any vote or any decisions that have to do with the movement of the Urban Development Boundary,'' said Alvarez. "Quite frankly, I don't know how you can get around that your immediate boss has a vested interest in development in the county.''

A former police lieutenant, Martinez was first elected to the County Commission in October 2000. He was hired as executive director of Corporate Protection in February 2001 -- less than one month after the security firm was incorporated.

According to his resume, Martinez ''serves as a liaison with law enforcement, legal and political professionals'' at the firm. He also reviews contracts, assists with plans and provides expertise on surveillance and investigations. While the company boasts a long list of clients, Martinez declined to provide The Miami Herald with names.

As a commissioner, he draws a $6,000 annual salary plus benefits. His main source of income comes from his security job, where he earned $8,400 a month, according to his 2004 public disclosure form.

A year later, he received a 65 percent raise, boosting his pay to $13,000 a month, according to his 2005 mortgage application.

Gonzalez said he hired Martinez for his police expertise and that Gonzalez's own role with the Builders Association has nothing to do with the commissioner.

Gonzalez said he joined the Builders Association two years ago after helping with their fishing tournament, and he was elected second vice president last November of the group's executive board, which sets policy.

Lani Kahn Drody, president of the Builders Association and executive vice president of Lowell Homes, said Gonzalez is not active on the group's legislative committee and is mainly involved in social activities.

Gonzalez said his company does not pursue county work so as to avoid conflict with Martinez's role as a commissioner. He said his company -- one of five security firm members of the 800-member association -- has not profited from his new role.

''As far as I'm concerned, I have not gained one contract or one dollar from being the vice president of the Builders Association of South Florida,'' he said.

The firm has flourished since it was founded five years ago, with offices in Fort Lauderdale, West Palm Beach, the Keys, Tampa and Orlando and 750 officers, according to its website.

''Corporate Protection Security Group provides armed and unarmed security guard and patrol services for the most prestige's [sic] builders and commercial properties in the state of Florida,'' according to a profile on the Builders Association website.

Two of the firm's current clients are top developers Lennar and Easton-Babcock -- companies with applications to build houses and shops on more than 1,800 acres in the rural area now off-limits to major developments. A vote has yet to be scheduled on those projects.

Both development firms say they became associated with Gonzalez well before Martinez was hired, and there is no conflict with Martinez as a commissioner.

But a government ethics expert says Martinez should recuse himself from any upcoming votes.

''The clients are developers and regardless of the fact they say they hired [the firm] before, absolutely he should disclose this business relationship,'' said Judy Nadler, former mayor of Santa Clara, Calif., and a senior fellow at the Markkula Center for Applied Ethics.

Miami Herald Staff writer Matthew Haggman contributed to this report.