Miami Herald (Sunday)

Critic ousted from county transit board sues, citing a ‘political power play’

Paul Schwiep, a longtime member of Miami-Dade’s transporta­tion-tax board, is suing to regain his seat. He claims the county was wrong to punish him for representi­ng an environmen­tal group in legal action against Miami-Dade.

- BY DOUGLAS HANKS dhanks@miamiheral­d.com

Paul Schwiep is suing Miami-Dade to regain his seat on the board overseeing the county’s halfpercen­t transporta­tion tax, claiming his ouster at the urging of Mayor Carlos Gimenez was a “political power play” to punish him for opposing a major highway extension.

The lawsuit by the Coconut Grove attorney comes weeks after a County Commission committee declined to take up a request by the transporta­tion board to grant Schwiep a waiver for his role representi­ng an environmen­tal group opposing the extension of the State Road 836 toll expressway into Kendall.

A Miami-Dade rule bars any member of a county board from filing a lawsuit challengin­g county policy, and the County Attorney’s office cited that provision in declaring Schwiep had surrendere­d his seat on the Citizens Independen­t Transporta­tion Trust.

This week Schwiep filed suit against the board’s director, saying the county misinterpr­eted its own rules. He asked a judge to reinstate him to the CITT board.

“The actions of the Transporta­tion Trust violated due process of law,” Schwiep’s suit states, arguing the County Attorney’s Office “for political reasons wanted to punish Plaintiff for representi­ng opponents of the tollway...”

Gimenez, the top advocate for the 836 extension, wrote commission­ers on Dec. 12 urging them to reject the proposed waiver for Schwiep.

“I ask the Board to strongly consider whether a person who is actively engaged in a lawsuit against our County, regarding policy decisions that this Board has made, is in the best position to serve in an advisory position,” Gimenez wrote. The next day, the commission’s Trans- portation committee declined to consider Commission­er Eileen Higgins’ motion to grant Schwiep the waiver requested by his fellow board members.

Voters created the CITT board in 2002 as part of a referendum that also authorized the “half-penny” sales tax to fund new transit and transporta­tion projects.

The CITT board can force commission­ers to approve some transporta­tion budget items by a two-thirds vote but has only used that authority once. That was earlier this year when the board voted to end authorizat­ion to spend the half-percent tax on routine transit operations. Miami-Dade commission­ers have yet to take up the board’s action, a delay that preserves the current rules on spending the tax dollars.

A Gimenez spokeswoma­n declined to comment on the lawsuit. Javier Betancourt, the transit board’s director, also declined to comment on the suit, which was filed in Miami-Dade Circuit Court.

In the suit, Schwiep and his lawyers argue the administra­tive action he helped the Tropical Audubon Society file against Miami-Dade with state regulators does not constitute a lawsuit, and so wouldn’t trigger disqualifi­cation under the county rules.

He also said that as a lawyer, he shouldn’t be considered to have “filed” anything against MiamiDade, since Schwiep isn’t the plaintiff. He noted he represente­d a different environmen­tal group in a 2013 suit against MiamiDade, and his board seat wasn’t an issue.

County lawyers say Schwiep’s ouster was triggered by his own inquiry about what role MiamiDade rules allowed him to play as a lawyer in opposing the 836 extension, which Miami-Dade commission­ers approved in September.

The $1 billion road project into West Kendall would be funded through tolls collected by the Miami-Dade Expressway Authority, an independen­t toll board led by Gimenez, who holds one of the appointed seats and serves as chairman.

In court papers, Schwiep said he was asking a judge to rule on his eligibilit­y for the transporta­tion-tax board because “no neutral arbiter has been involved in the process to date.”

 ?? SEBASTIÁN BALLESTAS sballestas@miamiheral­d.com ?? Miami-Dade County Mayor Carlos Gimenez also serves as head of a toll board pursuing the extension of the 836 expressway into West Kendall.
SEBASTIÁN BALLESTAS sballestas@miamiheral­d.com Miami-Dade County Mayor Carlos Gimenez also serves as head of a toll board pursuing the extension of the 836 expressway into West Kendall.
 ??  ?? Paul Schwiep is a longtime member of Miami-Dade’s Citizens Independen­t Transporta­tion Trust, a board that oversees the county’s half-percent sales tax. He lost his seat in 2018 and is suing to regain it.
Paul Schwiep is a longtime member of Miami-Dade’s Citizens Independen­t Transporta­tion Trust, a board that oversees the county’s half-percent sales tax. He lost his seat in 2018 and is suing to regain it.

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