Manager Rejects $35K Legal Bill in Former Mayor’s Ethics Investigation

Key Biscayne Mayor Mayra Peña Lindsay speaks to media during approach of Hurricane Irma, Sept. 7, 2017 (Tony Winton)

Village Manager Andrea Agha this week rejected a request by former Mayor Mayra Peña Lindsay for $35,457 in legal fees stemming from an ethics investigation that cleared the mayor of wrongdoing last year, according to documents released in public records requests.

It was the second time the manager’s office denied a request for reimbursement. Lindsay said the law is on her side.

“I should be reimbursed because that has been the law of Florida for well over a century. The public policy of Florida is to reimburse public officials for such fees, and of course I believe the residents would agree it is good policy,” Lindsay said.

The former mayor had been investigated by the Miami-Dade Commission on Ethics and Public Trust as well as the Miami-Dade State Attorney’s Office for kicking resident Don Elisburg out of a publicly-noticed “Sunshine meeting” involving herself and other members of the Village Council that took place on March 1, 2018 about the Village pension. [EDITOR’S NOTE: Elisburg is a board member of Key News and an occasional contributor. He had no role in the reporting of this story].

The Ethics Commission referred the case to the State Attorney’s Office, which has jurisdiction over Sunshine Law matters. Noting that prosecutors had declined to pursue criminal charges, the panel wrote last Nov. 29 that “it was determined that this matter would be closed with no further action as the evidence does not support the conclusion that the Mayor intentionally violated any matters within the jurisdiction of the Ethics Commission.”

Key Biscayne Village Manager Andrea Agha listens to dicussion at a meeting of the Village Council, March 19, 2019 (Key News/Tony Winton)

Agha wrote April 15 that she lacked authority to consider the mayor’s request for reimbursement under Key Biscayne’s Village Code. “My authority to consider the reimbursement of the cost of defense is solely limited to ethics charges. I do not have the authority to consider the reimbursement of the costs incurred during an investigation by the Miami-Dade County State Attorney’s Office,” Agha wrote, sharing her decision with all members of the Village Council.

When asked if Agha was interpreting the reimbursement rules too narrowly, Lindsay said, “I think the Village will get it right. It’s not about interpreting the Village Code as much as it is state law.”

The investigation lasted months, involving interviews with Council Members Katie Petros and Luis de la Cruz, Village Attorney Stephen Helfman, and Elisburg. Email correspondence and telephone records were reviewed and analyzed.

According to the Ethics Commission report, “Lindsay admitted she made a mistake by staying in the room and discussing Village business.”

The report quoted Lindsay as saying, “It’s a cloud and tarnish on my reputation. It’s devastating to me that there’s a perception that we don’t operate in the Sunshine.”

Lindsay’s attorney, David Rothman, noted the State Attorney decided to close the matter without filing charges because of what they described as “Lindsay’s cooperation and candor” with investigators.

It’s unclear what will happen next. Lindsay said she had not spoken with Council members. Council Member Brett Moss said he had a number of questions about the request. Vice Mayor Allison McCormick said she would comment from the Council dais based on the advice of legal counsel.  Mayor Mike Davey declined comment.

Information on the Miami-Dade Commission on Ethics and Public Trust investigation into former Mayor Mayra Peña Lindsay can be found at http://ethics.miamidade.gov/library/closed%20investigations/2018/k_18-25_lindsay.pdf.