Tuesday, December 4, 2018


"Finding #1 - City Manager Duty The evidence suggests the City Manager knew or should have known that Intercity was operating without a permit. The process of granting permits as required by the City Ordinance would have required City Manager and City Commission approval. When brought to his attention, the City Manager allowed the continuance of Intercity to operate even after complaints from the Brownsville Police Chief about impropriety of the Fire Chief and Deputy-Fire Chief diverting calls from the Brownsville Police Department dispatch to Intercity. On September 5, 2017, Chief of Police Orlando Rodriguez submitted a letter to the Audit Committee in Response to the Administrative Investigation Report FI-0617-02 in which he testified that:  “On or about December 26, 2016, I notified City Manager, Charlie Cabler of this issue and expressed my concerns.”  “On January 23, 2017, I spoke with the City Manager indicating that the calls were still being diverted. Mr. Cabler told me to setup a meeting with the fire chief and the deputy chief to resolve this issue.” Further in sworn affidavit dated September 4, 2017, Lt. Raul Rodriguez of the Brownsville Police department affirmed that:  “On Tuesday, January 24, 2017 at 11:35 a.m., I received a call on my City cellular phone from Mr. Cabler’s city issued cell phone…”  “Mr. Cabler responded that they [Intercity] were being used under his authority. He stated that he had met with Chief Elizondo and Deputy Chief Estrada and the City Attorney. He further stated the fire chief and his deputy had justified the need for Intercity because they were short on personnel due to training personnel. He agreed with the justification and that he had granted authority for their use.” The City Manager did not fulfill his fiduciary responsibility relating to City Ordinance Article IV- Section 42-127 and the authorization and use of an unlicensed emergency medical transport provider and failed to prohibit the fire chief and the deputy-fire chief from diverting calls to that ambulance service company. The City Manager should have at least been aware that use of an unlicensed privately owned ambulance company was in direct violation of City Ordinance. However, this ordinance appears to have been ignored. "


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