The Miami Herald
April 24, 2000
 
 
Commission won't back Carollo's plan to fire police chief

 BY TYLER BRIDGES

 None of the five members of the Miami City Commission on Sunday would endorse Miami
 Mayor Joe Carollo's call that Police Chief William O'Brien should be fired over his department's
 role in Saturday's raid to remove Elian Gonzalez from his relatives' home.

 Carollo on Saturday left open the possibility that he might dismiss City Manager Donald
 Warshaw, O'Brien's boss, if Warshaw did not fire the police chief. But the five commissioners
 also voiced strong support for the city manager.

 ''We have to unite this community,'' City Commissioner Joe Sanchez said. ''Let's not add
 fuel to the fire.''

 Under the Miami City Charter, the city manager -- not the mayor -- oversees the police
 department. As Carollo himself has noted, under the charter he cannot fire O'Brien. That
 decision would lie with Warshaw, who strongly supports the police chief.

 Carollo has been unhappy with O'Brien since September when Carollo asked the police chief
 to take $1 million from a police trust fund to finance a politically popular tax break for senior
 citizens. O'Brien refused, saying the trust fund had to be used for police purposes.

 BAR RAIDS

 Carollo also has complained that O'Brien has declined to accompany him on late-night raids of
 bars frequented by drug dealers and prostitutes.

 ''He's wanted to work bankers' hours,'' Carollo said. ''All he cares about is to go fishing to the
 Keys on the weekends.''

 Since the predawn raid on Saturday, the mayor has repeatedly expressed anger that O'Brien
 failed to notify him in advance and that John Brooks, one of the city's three assistant police
 chiefs, rode with federal agents on the operation.

 ''I've lost all confidence in O'Brien,'' Carollo said.

 O'Brien labeled Carollo's criticism of the hours he keeps as ''ludicrous.''

 ''My normal work day is 7 a.m. to 7 p.m.,'' O'Brien said. He said he does like to get to the
 Keys as a ''pressure relief.'' He added that in a large city such as Miami, he relies on his
 captains and lieutenants to handle the bar raids.

 O'Brien said he did not inform Carollo about the raid because he and federal authorities wanted
 as few people as possible to know in advance. The chief said he told only Brooks, Assistant
 Police Chief Ray Martinez and Maj. Juan Garcia, who was commanding the police barricade
 outside the home. O'Brien did not tell Warshaw until the raid was beginning.

 IN UNIFORM

 O'Brien also said Brooks traveled in uniform in the lead van so that as the federal convoy
 reached the Miami Police barricade, officers there would not try to block the feds.

 Four of the five city commissioners -- Sanchez, Arthur Teele Jr., Johnny Winton and Tomas
 Regalado -- said Sunday that O'Brien was correct in not telling Carollo.

 ''I don't think any officials should have been notified of a tactical operation, unless they
 had a need to know,'' said Teele, an army veteran.

 Teele said O'Brien in fact helped Carollo politically by not informing him.

 ''O'Brien saved his butt,'' Teele said. ''[Carollo] has total deniability. If O'Brien told him
 beforehand and Carollo didn't say anything, he would face political pressure later. If
 O'Brien told him and then Carollo told others and there was a police shootout, Carollo
 would be castigated by public opinion and possibly face court charges.''

 Only Commissioner Wifredo ''Willy'' Gort said O'Brien should have given Carollo
 advance warning because Carollo is the mayor.

 Sanchez, Regalado and Gort said Brooks' presence in the federal agents' convoy
 made them uncomfortable, but none of the five commissioners would join Carollo
 in second-guessing O'Brien's decision to have Brooks accompany the agents.

 ''The raid was a tragedy for our community,'' Winton said. ''But it could have been
 10 times worse if there had been any friendly fire. I would encourage the mayor to
 go home, relax for two or three days and cool down.''

 CITY CHARTER

 Although Carollo cannot dismiss O'Brien under the city charter, he can fire
 Warshaw. When Carollo was asked whether he might take action against
 Warshaw if the city manager would not fire O'Brien, Carollo said, ''I'm not going to
 be saying anything more. It's enough already.''

 The City Commission has the right to block the firing of Warshaw with four votes.
 Carollo does not count on a majority of support on the commission. He is on
 speaking terms with only two of the commissioners: Winton and Gort.

 Warshaw has often had difficult relations with Carollo. For example, the mayor did
 not speak with the city manager for about two months last year in part because
 Warshaw would not order O'Brien to release the police trust fund money.

 But lately, Warshaw has been talking nearly every day with Carollo.

 All five commissioners said they hope Carollo does not attempt to fire Warshaw.

 ''If this is Joe Carollo's excuse to get rid of Warshaw, it's wrong,'' Regalado said.
 ''It's another excuse to look good in front of the Cuban community. I think he
 [Warshaw] has brought stability to Miami. He has tried to keep members of the
 commission informed. He responds to the needs I have for my district.''

 Herald staff writer Karen Branch contributed to this report.

                     Copyright 2000 Miami Herald