The Code Enforcement Chronicles continue. Last week, we documented how Code Enforcement Director Catherine Harding is knowingly and willingly selectively enforcing the law.
We received a number of calls from readers reacting to that story, each with their own horror story. But when we asked them to send us letters documenting those atrocities, they froze. "Do you know what they would do to me if I sent you a letter like that?," they said.
Contractor Gary Birch-field was the lone defender of Harding's operation. "They're over-worked, underpaid and under-staffed," he said. "They are doing the best they can under the circumstances. Catherine Harding can't be expected to fix in a year what took years to screw up."
He accused Key West The Newspaper of just assuming that Harding is selectively enforcing the law. We faxed him our documentation.
Birchfield also criticized us for asking this question: If Harding would knowing and willingly look the other way on a relatively minor matter involving a prominent citizen, isn't it just a small leap to knowingly approve a falsified building permit, maybe for money or favors?
In our commentary, we made it clear that we have no evidence that Ms. Harding might be doing anything that serious. But we do have documented evidence that she continues to look the other way while a prominent citizen illegally runs a business out of his home— something she would not allow you to do.
There is an old story about Ernest Hemingway, which may or may not be true. Hemingway is at a party in New York. A beautiful young woman approaches him, gushing about his latest novel. In true Hemingway fashion, Papa says, "Honey, I don't have a lot of time. Would you come back to my hotel room and go to bed with me for $10,000?"
Set aback, the woman sputters. "Well . . . I don't know . . . I've never . . . but $10,000 is a lot of money . . . and I've always admired you . . . and, well, okay."
"Great! Would you do it for $100?"
The woman sputters again. "What kind of girl do you think I am?"
"That's already been established," Hemingway says. "Now, we're just dickering over price."
So . . . we think our question was and is proper. We've caught Harding red-handed knowingly and willingly selectively enforcing the law. Isn't it fair to wonder: Where will she draw the line?
And what about the Code Enforcement officers she has working for her? Shouldn't they, too, be beyond reproach?
Would it surprise you to learn that one of Harding's enforcers, former Key West Police Lieutenant Jeff Berman, resigned from the force to avoid being prosecuted on 10 counts of official misconduct and one count of scheme to defraud? And, in addition, there were some questions about some forged checks.
Here's the story:
In August 1994, Berman was one of three officers who resigned after being charged with "double-dipping"— working private security details while on the Police Dept. time clock. A fourth officer resigned after lying in an attempt to cover up for one of the officers charged.
Berman also allegedly forged the signature of then-Deputy Fire Chief Richard Wardlow in order to cash checks made out to Wardlow for private security services for the Key Ambassador Hotel and the Holiday Inn Beachside.
When quizzed by investigators from the Florida Dept. of Law Enforcement (FDLE), the State Attorney's Office and the Key West Police Internal Affairs, Wardlow was shown the endorsement on a number of checks made payable to him. "That's not my signature," he said.
Wardlow did say that he sometimes moonlighted as a private security guard— but he said that he had never given anyone permission to sign his name on checks or hotel security time sheets.
On Aug. 24, 1994, FDLE investigators interviewed Mark Robinson, a former night auditor at the Key Ambassador. Robinson revealed that, on at least one night, Berman came by the hotel while on duty with the Police Dept. and signed the name "Richard Wardlow" on the hotel's security time sheet.
Robinson also told investigators that Berman picked up a pay check made payable to Richard Wardlow.
On. Aug. 22, investigators visited the Kennedy Drive branch of Barnett Bank, where at least one of the checks had been cashed. Bank officials told investigators that the teller who cashed the check had moved out of state but that it would not be unusual for a bank employee to cash a two-party check for another employee.
At that time, Berman's wife was an employee at that branch, according to the FDLE investigation report.
On Aug. 23, a police union official advised the FDLE that Berman and the three other officers involved in the double-dipping probe were prepared to resign from the force if criminal charges were not filed.
The FDLE, the State Attorney and Police Officials agreed to the deal.
But Berman changed his mind and refused to resign. He hired hotshot lawyer Nathan Eden to defend him against the charges.
"Okay, Bubba," investigators told Eden, "we'll just go out to Barnett Bank and arrest Berman's wife on suspicion of `uttering a forged instrument.'"
Berman resigned three hours later.
It is possible that Code Enforcement Director Catherine has not been aware of Berman's history. But she knows it now. We faxed her a copy of this commentary last Wednesday with a request for comment. She didn't respond.
The Code Enforcement Chronicles will continue next week. Stay tuned.