Tuesday, February 5, 2013

Embattled City of South Miami Police chief, Orlando Martinez de Castro, files a grievance against the City of South Miami!

That's right!  Our sources tell us that embattled City of South Miami Police Chief Orlando Martinez de Castro has filed a grievance against the city for taking the parking department away from him.  Why file a complaint against the city?  What's the big deal about the parking department?  Before we go any further, we have to examine the chief's employment contract, let's take a look...

Now, where in the contract does it say anything about the parking department being under the command and control of the city's police chief?  On the contrary, the original employment contract states...

shall not assume other duties and obligations as to other City functions and departments (including, but not limited to managing the general parking enforcement or information technology operations of the City),
So there's a specific exclusion in the original employment excluding the parking and IT department from the Chief's command and control.  The contract goes on to state...

except to the extent the parties mutually agree in writing to make such additional duties part of Employee'sobligations and further agree on additional compensation to be paid to Employee for performing those additional duties.
I have no knowledge of whether or not there was a written agreement to hand over these departments to the chief at a later date, but that point is irrelevant as far as I'm concerned.  Why?  Simple, the complaint the chief filed really has nothing to do with the parking department, but it has everything to do with the chief knowing that his days are numbered over at the City of South Miami.  By filing a grievance with the city, at least the way I interpret the contract, the chief will trigger an arbitration clause in his contract which in my opinion is a purely strategic move by the chief in case he gets fired.  Granted, this is pure conjecture on my part, but it seems to make sense.

We'll take a closer look at this contract tomorrow.

1 comment:

  1. No Mike, not your interpretation solely, mines as well.
    The SET this man has on him is larger than the cities 2.5 miles itself.
    He is filing a grievance against the city? Really, how many grievances does the city have as a result of his poor judgment calls and screw ups?
    de Castro (any relation to Fidel Castro?)
    Why does he insist on staying where he KNOWS he is not wanted? Not by a majority of the residence nor the South Miami Police Department force, nor by a majority of the Commission. But Wait a minute, de Castro you are WANTED BY THE ETHICS COMMISSION - four counts of Ethics violations (doing business with his wife’s auto tag agency). Will someone tell me when is the Ethics Hearing be rescheduled for? If this was a nickel and dime dealer, then they would be tried, hung and cremated by now. But NO! WTF