No veto on controversial election change. Miami mayor already signed it into law
Suarez does not have a vote on the City Commission, nor is he required to sign commission legislation, which automatically goes into effect within 10 days if it's not signed or vetoed by the mayor.
But a copy of the legislation obtained by the Miami Herald shows that Suarez signed the document on June 26 — the same day as the City Commission meeting.
Suarez did not respond to questions asking why he opted to sign the legislation. But his decision to do so tracks with Miami Herald reporting that the mayor had been quietly lobbying behind the scenes in favor of the legislation, which was sponsored by Commissioner Damian Pardo.
Pardo has argued that the change is a reform measure and that by moving the city to even-year elections, voter turnout will increase drastically while also decreasing election costs. But a side effect of the change is that it gives city commissioners and the mayor — who is termed out at the end of the year — an extra year in office.
Commissioner Joe Carollo, a Pardo adversary who voted against the election date change, alleged that Suarez's involvement went beyond simply lobbying for Pardo's legislation.
'There's been a tremendous amount of backroom dealing on this whole thing, led by the mayor of the city,' Carollo said. 'It's not just that he was backing it, it was his idea originally — he got Pardo to play lapdog … to present the ordinance for him.'
Pardo has denied that, saying the idea originated with him.
Moving the election without voter approval has been a source of controversy in recent weeks, drawing condemnation from Florida Gov. Ron DeSantis and Attorney General James Uthmeier.
'The citizens of Miami deserve and are entitled to the right to make this decision, directly,' Uthmeier said in a June 25 letter to the city. 'Home to thousands of patriotic Cuban Americans who know better than most about regimes that cavalierly delay elections and prolong their terms in power, the City of Miami owes to its citizens what the law requires.'
Uthmeier concluded his letter with a warning.
'If you nevertheless move forward with the proposed ordinance,' he wrote, 'my office reserves the right to consider taking all available actions to prevent this violation of law from occurring.'
The state has not yet announced any formal action against the city.
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Tribe, an emeritus professor of constitutional law at Harvard University, said that 'driving while looking Hispanic or driving while looking non-white is not a legitimate basis for being pulled over.' The Constitution protects the rights of citizens and noncitizens equally, with a few exceptions regarding voting rights and the right to hold office, he said. That includes the right against arbitrary arrest, unreasonable search and seizure and the right to due process. 'All of those rights belong to all persons in the United States, including those who are here illegally,' Tribe said. Laynez Ambrocio is not the first U.S. citizen caught in the crosshairs of an immigration arrest in Florida this year. In April, FHP troopers in Tallahassee used a now-suspended immigration law to arrest Juan Carlos Lopez Gomez, 20. Born in Georgia and stopped on the way to a roofing job with undocumented colleagues, Lopez Gomez was detained for more than 30 hours at the Leon County Jail before he was released. At a press conference on Aug. 1, FHP Director Dave Kerner said that Laynez Ambrocio had slammed the car door shut and locked it, barring officers from reaching the other men. 'They arrested that U.S. citizen for obstruction of justice,' Kerner said. 'The resistance was so severe, by the way, that the Border Patrol had to use a taser on one of the subjects.' But the cell phone, first obtained by the Palm Beach Post, and dash-cam footage obtained by the Herald shows no slammed doors, and an officer opening the door through the window. The video on Laynez Ambrocio's phone shows the use of force against the young men, a mother sobbing in the car and Laynez Ambrocio repeatedly pleading for his rights. About two weeks after the video became public, Palm Beach County Assistant State Attorney Pamela Ford decided not to prosecute the misdemeanor charge against Laynez Ambrocio. 'Upon review of the evidence and contact with the Arresting Officer, the State declines to prosecute. There is insufficient evidence to support a criminal charge,' Ford wrote on Jul. 29. The decision angered the FHP director, who said dismissing the case was a 'miscarriage of justice.' 'I do not think it is going to end up well for that prosecutor,' Kerner said. When asked about Kerner's comments and the prosecutor's decision, a Palm Beach County State Attorney's Office spokesperson said that the office had not dismissed the charges, it had declined to prosecute, and referred the Herald to the court filing. To date, the reason for the traffic stop remains murky. State officials say the stop was to conduct a 'commercial vehicle inspection.' A federal record reviewed by the Herald/Times says troopers stopped the truck for a 'traffic violation.' In an interview, Laynez Ambrocio said the trooper did not give them a reason for pulling them over. The dash camera footage starts with FHP trooper Steve Julien turning around and positioning himself in the middle of the highway, where he waits as the truck approaches and stops in front of him. From the moment the traffic stop started, Laynez Ambrocio said felt targeted for the color of his skin. 'They're abusing their power, and racially profiling every Hispanic they see. They're not going after criminals, they're going after landscapers and roofers,' Laynez Ambrocio told the Herald. The officers' conduct may have violated the agencies' own use of force policies. Both FHP and Customs have policies banning chokeholds or vascular neck restraints unless 'deadly force' is warranted. In the footage, a Border Patrol agent is shown holding one man with his forearm across a man's neck – and later, an FHP officer restrains the man who is tased, grabbing him around the neck area while the man is doubled down. Neither CBP nor FHP commented on the officers' use of neck restraints. According to the Customs policy manual, an agent may use a taser on a person actively resisting who could injure themselves or someone else – but not on people adjacent to traffic. The tasing took place in the middle of a three-lane highway. 'Law enforcement is facing a surge in assaults while doing their jobs—enforcing the law,' the Customs spokesperson said in a statement. 'Make no mistake, if you lay a hand on a law enforcement officer, you will be prosecuted to the fullest extent of the law.' The video does not appear to show an assault on an officer. Customs did not respond when asked to provide more information about the alleged assault on an agent. FHP declined to comment on the troopers' conduct on the video, or if it was under review. In Laynez Ambrocio's case, FHP maintained that the arrest was part of a 'lawful federal and state investigation.' As he gets ready for his senior year to start, Laynez Ambrocio said he is traumatized after the arrest. He cannot bring himself to return to his landscaping job, leaving his mother and younger brothers without his income to help. When he considers going back to work, he thinks of the patrol cars. 'They're still out there,' he said. 'Waiting.'
