Flexing his political muscle, Miami Lakes Mayor Wayne Slaton fired the town attorney and litigation counsel and subsequently hired a lawyer to handle both legal services for less money, severing ties with the law firm he holds responsible for allowing the town to award a working contract to a bogus company.
The business was a front for the FBI to help nab former Mayor Michael Pizzi on public corruption charges in a federal sting that also brought down former Sweetwater Mayor Manuel Marono and two lobbyists.
During an October 30 special meeting, councilmembers on a 5-1 vote supported Slaton’s decision to terminate Geller, Greenspoon and Marder and another law firm, Genovese, Joblove and Battista, that handled litigation for Miami Lakes in a cost-cutting move to pave the way for bringing in Gastesi and Associates.
The law firm is led by long-time resident Raul Gastesi, who rendered legal advice during the incorporation crusade.The termination for Geller’s firm becomes effective in 30 days. Gastesi and Associates’ contract was on the council’s November 12 regular meeting agenda with an effective date of November 30.
Councilmember Tony Lama cast the sole dissenting vote on firing the town attorney, saying the mayor’s move was politically motivated, and he was unaware of any poor performance that called for termination. Lama, however, voted for Miami Lakes-based Gastesi and Associates with the condition the new town attorney’s contract includes an evaluation after 90 days on the job.Under the town charter, the mayor has the power to hire and fire the town attorney but his recommendations must be approved by councilmembers.
“I am recommending the town attorney be replaced,” said Slaton, the town’s first mayor for eight years who won the October 1 special election to replace Pizzi. “It will absolutely save the town money because Miami Lakes has been overpaying tremendously on the town attorney position and for litigation.”
Slaton said Geller’s law firm billed the town about $18,500 a month and additional charges, and Genovese, Joblove and Battista was paid about $7,000 a month but hadn’t done any litigation work for Miami Lakes.All in all, Geller earned about $300,000 a year and Genovese was set to make about $84,000 by the end of 2013 had the law firm not been terminated.
“That’s a lot of money,” Slaton said. “We have a local law firm like many people suggested with more than one attorney to do the same type of work for far less and perform litigation service when needed. Money saved can be used for other municipal services.”
Gastesi and Associates has agreed to do the legal work for $12,500 a month and an additional $200 an hour for litigation when it is needed, Slaton said.
“I think it’s important we have a local firm that can be more accessible,” Slaton said. “He can be here in five minutes under any circumstance when the town manager calls for him.”
The political scandal that led to the arrest of Pizzi was another reason why Slaton called for the firing of the town attorney. He said the law firm should’ve raised a red flag before a resolution to hire the phony business was placed on the meeting agenda, a measure that was part of an alleged kick-back scheme for Pizzi to pocket grant money in exchange for a working contract.
“I am disappointed at the present situation we found ourselves in before I was elected,” he said. “At the heart of the scandal involved a bogus program and nothing was said on the dais or no legal advice on the issue.”
Slaton allowed Joseph Geller to speak in his own defense.The attorney said had the measure gone through the proper or normal procedure, he would have discovered the problem. He said the following day, he determined something was amiss and notified town staff after the measure was approved. But nothing was done to revisit or rescind the accord until the scandal came to light.
“If the issue was done in a normal way and given to us in advance, we would have discovered any problems and spoken up on the dais,” Geller said. For attorney costs, Geller said when his law firm was brought in to replace Weiss, Serota and Boninske in 2011, the lawyers willingly did the job for less and left open the opportunity to renegotiate a reduced fee. But town staff and councilmembers never broached the issue.
“We would’ve been willing to discuss with the town any compensation issues,” Geller said. “We would love to continue our service but whatever decision you make, we are proud of the quality of service provided to the town.”
Slaton didn’t buy Geller’s excuse, saying the town attorney gave bad legal advice and counted his own experience at his first council meeting. A resident told lawmakers Miami Lakes completed a botched drainage project adjacent to his property that caused a leak in his home for months.
According to the man, the town’s insurance policy didn’t cover any of the damages and the issue was left unresolved until Slaton visited his home the day after the meeting.
“I didn’t get good legal advice at my first meeting, which just shows the town attorney didn’t do due diligence on a resident’s claim,” Slaton said. “I was briefed on the issue and false and misleading information were given. I have a concern with that, which is the reason I want a new town attorney.”
Several councilmembers initially weren’t ready to fire the town attorney without first looking at a pool of candidates with good qualifications to replace the Geller group. But they eventually changed their minds after Slaton said it’s important for Miami Lakes to proceed while saving some money, and divulged Gastesi as his leading candidate because he’s familiar with town-wide issues. Lama, however, voted against firing the town attorney, saying it was politically motivated.
In a fiery dialogue, Lama questioned the timing of Slaton’s decision, saying he read a newspaper article which mentioned the new mayor’s plans for Geller and his lawyers.
“In The Miami Herald article, one of your moves is to remove the town attorney,” Lama said. “You do have that power but councilmembers have the final decision. But I find it premature and disrespectful to the work of Geller and his firm because of the good work they did for us.”
On performance, Lama said the town should’ve first resolved any issues with the town attorney before taking action to fire the law firm.
“In my 11 months on the Town Council, not one staff member told me about any concern about the performance of the town attorney,” he said. “We should have had an opportunity to build a relationship with the attorney before making an important decision like this one.”
During the budget hearings, Lama raised a concern over the flat rate for litigation services and asked Town Manager Rey to renegotiate a new contract to attenuate the cost.
“I think we need for the law firm to work on a when needed basis,” Lama said.
Councilmember Ceasar Mestre said he knew Gastesi since they were kids, and they went to law school together at the University of Miami and worked together on some legal cases.
“We worked on some cases and referred some cases to each other,” said Mestre, who was a member of a Miami Lakes committee to study the pros and cons of hiring an in-house counsel. “He knows the town better than most of us up here and I feel comfortable working with him.”
Vice Mayor Manny Cid recused himself on the vote to hire Gastesi citing a conflict of interest.
Gastesi, 50, unsuccessfully ran for a Town Council seat in 2002 and was chairman of the 2006 Miami Lakes Charter Review Committee. Before councilmembers voted for Gastesi’s law firm, they asked him to tell them more about himself and his law practice.
Gastesi said he grew up in the area and a law firm hired him following law school, where he became a partner in just six years.He started his own law firm in Coral Gables and later moved it to Miami Lakes, buying his own office building to accommodate his legal staff and clients.
Gastesi, an attorney for more than 20 years, doesn’t like to toot his own horn but told councilmembers he has the vast experience to handle municipal issues and litigation.