Election Fraud Complaint filed against Miami Lakes Mayor, Vice Mayor and Councilman
Mayor Cid, Vice Mayor Fernandez, and Councilman Garcia:
As stewards of the Town of Miami Lakes, your attempts to derail the election required by our Town Charter are shocking because it was so overt.
The Charter is not merely a formal document; it is a covenant between the Town's government and its citizens, guaranteeing the protection of the governed. It is also to ensure Miami Lakes voters can participate in a transparent and fair electoral process.
TOWN OF MIAMI LAKES MUNICIPAL CHARTER
Preamble
We, the people of the Town of Miami Lakes, in order to secure for ourselves the benefits and responsibilities of home rule, and in order to provide a municipal government to serve our present and future needs, do hereby adopt this Charter.
This government has been created to protect the governed, not the governing.
We recognize that the orderly, efficient and fair operation of the government requires the intelligent and informed participation of individual citizens.
Towards this end, all persons are entitled to receive fair, equitable and prompt treatment, full and accurate information, and convenient access to public records and government officials.
(Res. No. 16-1379, § 2, 6-7-2016)
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These are more than words on a sheet of paper. Miami Lakes’ Mayor and Council members take an Oath of Office to Support and Defend the Constitutions of the United States and the State of Florida and the Charter of the Town of Miami Lakes.
This is why it was disappointing when Vice Mayor Tony Fernandez said, “[w]e are rife with quagmires, right? We were supposed to vote for a nomination within 30 days; we were supposed to have an election within 90 days, and we are not doing anything that sheet of paper says. At this point, so what is one more?”
Unfortunately, the statement was a reflection of actions rather than sarcasm.
The decisions made by the Mayor, Vice Mayor, and Councilman Garcia, repeatedly casting votes in tandem were intended to prevent Miami Lakesscsscs voters from the opportunity for an election and a potential runoff election to fill a Town Council Seat as required by the Charter. It was election interference.
This pattern of behavior necessitates scrutiny, as it not only challenges the integrity of our local governance but also disenfranchises the citizens of Miami Lakes.
The decision to file Election Fraud Complaints against each of you was not taken lightly.
The three Complaints are identical because there was a unified strategy untaken to deprive Miami Lakers voters of their rights to vote as required by the Charter.
Click to read the Election Fraud Complaints:
Your deliberate efforts to circumvent the election were not easy. The execution of the plan we observed was protracted, playing out over several hours.
The evidence is in the videos of the January 16, 2024, Town Council Meeting starting at 1:38:45 and ending at 3:45:05 and the February 13, 2024, Meeting starting at 4:04:00 and ending at 5:48:45.
Regular Council Meeting Video of 01-16-2024
Time stamp on recording: 1:38:45 - end at 3:45:05
Regular Council Meeting Video of 02-13-2024
Time stamp on recording: 4:04:00 - end at 5:48:45
The following is the Supplement to all three Election Fraud Complaints. The full Complaints are attached.
Boris Foster
The Full Complaints are posted through LinkedIn:
Supplement to Election Fraud Complaint for Mayor Manny Cid, Vice Mayor Tony Fernandez and Councilmember, Seat 2 Ray Garcia
Mayor Manny Cid, Vice Mayor Tony Fernandez, and Councilmember Ray Garcia attempted to prevent the Miami Lakes electorate from voting after the Mayor's nominee for Council Seat #6 was not confirmed by the Council. The Miami Lakes Charter mandates that the vacancy be filled within 90 days of its occurrence, which occurred on November 14, 2023. The basis of the complaint centers on discussions, motions, and coordinated votes of the Mayor, Vice Mayor, and Councilman Garcia, aiming at delaying the election to fill the vacancy.
Over two Council meetings, there were three attempts to circumvent the Charter's requirement for a timely election. It is relevant to note that Mayor Cid is a candidate for Miami-Dade County's Mayor in the August ballot, potentially extending to November 2024. The Mayor's appointee would have served on the Council through the end of the Mayor's term in November 2024.
The first violation was during the January 16, 2024, Council Meeting, where an attempt was made to delay the Special Election to the November 2024 election, leaving Seat #6 vacant for nearly a year, contrary to the 90-day requirement stipulated by the Charter.
During the February 13, 2024, Council meeting, there were discussions on the dais referencing emails with the Miami-Dade Elections Department and also indicating that there was a conversation between Mayor Cid and the Supervisor of Elections where it was made clear that only two days of early voting could be accommodated because of limitations on personnel and equipment. The entire Council was forwarded emails by Miami Lakes' Town Clerk that advised that the Miami-Dade Elections Department was only able to accommodate two days of early voting.
The second violation is that Mayor Cid, Vice Mayor Fernandez, and Councilman Garcia were insistent and repeatedly voted that there must be two weeks of early voting and voted against any motion that included a potential of only two days of early voting. The Town Clerk advised that Mayor Cid was elected in a Special Election that had only two days of early voting. Despite knowing the Town's history of early voting in Special Elections and the Elections Department's limitations, the Mayor, Vice Mayor, and Councilman Garcia remained adamant about two weeks of early voting. This stance seemingly jeopardized the Special Election scheduled for April 9, 2024.
A third violation was the multiple rejections of advice and cautions that waiting until August or November to have the election was a violation of the Charter. Mayor Cid asserted that once the 90-day period had elapsed without the election, then there was no longer a need to hold the election as promptly as possible. The Town's Attorney advised that Miami Lakes' Charter is not binding on the Supervisor of Elections. However, the Miami Lakes Council must do everything it can to hold the election as soon as possible to comply with the intent of the Charter to fill vacancies promptly. Nevertheless, Mayor Cid, Vice Mayor Fernandez, and Councilman Garcia remained insistent on voting in a manner that during the February 13, 2024, meeting appeared would cause an indefinite delay in the Special Election.
Evidence from the January 16 (starting at 1:38:45) and February 13, 2024 (starting at 4:04:00) Council Meeting videos, available on the Town of Miami Lakes website, along with Article II, Section 2.5(c)(ii) of the Miami Lakes Charter, substantiate this complaint. The coordinated actions of Mayor Manny Cid, Vice Mayor Tony Fernandez, and Councilman Ray Garcia not only sought to delay the election but manipulate its outcome, infringing upon the voting rights of Miami Lakes residents and the five candidates who had already filed to run for Council Seat #6.
The delay in holding the election was attempted so that its vacancy would be filled in an election where Mayor Cid's presence on the ballot would benefit their preferred candidate for Seat #6. Mayor Cid, Vice Mayor Fernandez, and Councilmember Garcia's actions violated all Miami Lakes voters' rights.
Boris Foster, Esquire
---------- Forwarded message ---------
From: Boris Foster <[email protected]>
Date: Fri, Feb 23, 2024 at 8:09?AM
Subject:?
Election Fraud Complaint filed against Miami Lakes Mayor, Vice Mayor and Councilman
The Town of Miami Lakes Recipients of the email:
To:
Mayor Manny Cid <[email protected]>,
Vice Mayor Tony Fernandez <[email protected]>,
Councilman Ray Garcia <[email protected]>
CC:
Councilwoman Marilyn Ruano <[email protected]>,
Councilman Luis Collazo <[email protected]>,
Councilman Joshua Dieguez <[email protected]>,
Town Manager Edward Pidermann <[email protected]>,
Candidate for Council Steve Herzberg
Candidate for Council Hector Abad <[email protected]>,
Candidate for Council Esther Colon <[email protected]>,
Candidate for Council Bryan Morera <[email protected]>,
Former Miami Lakes Vice Mayor Nelson Rodriguez
Candidate for Council John Rogger <[email protected]>,
Miami Dade County Commissioners:
Senator / District 13 Commissioner Rene Garcia
County Commission Chair Oliver G. Gilbert, III
Miami-Dade County Mayor Daniella Levine Cava
State of Florida Governor:
State of Florida Governor <[email protected]>,
State of Florida Representatives:
Speaker of the House of Representatives
Speaker of the House Pro-Tempore Charles Clemons, District 22
Tom Fabricio <[email protected]>,
State of Florida Senators:
Bryan Avila <[email protected]>,
Miami Laker
Reporter: <[email protected]>,
Editor <[email protected]>,
Politico:
---------- Forwarded message ---------
From: Boris Foster <[email protected]>
Date: Fri, Feb 23, 2024 at 10:28?AM
Subject:
Election Fraud Complaint filed against Miami Lakes Mayor, Vice Mayor and Councilman
To: Office of Elections Crimes and Security, Department of State <[email protected]>
Good morning
Important information about the evidence on the video of the January 16 Meeting is below.
The relevant portion of the Town of Miami Lakes January 16, 2024 Council meeting, the discussion regarding appointments and special election ends temporarily, and other matters are handled, until the Town Attorney reminds the Council that they must pass a Resolution for the Election Department. The start and end times on the videos for the relevant discussions are as follows. January 16, 2024, Town Council Meeting starts at 1:38:45 and ends at 3:45:05, and the February 13, 2024, Meeting starts at 4:04:00 and ends at 5:48:45.
The link to the meetings on the Town of Miami Lakes Website is at??https://www.miamilakes-fl.gov/meetings-minutes-and-agendas/. All the Council Meetings are accessed through the?Vimeo Web Portal?link.??
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Please do not hesitate to contact me if you have any questions.
?
Boris Foster