By Michael E. Miller
By Allie Conti
By David Villano
By Jose D. Duran
By Michael E. Miller
By Allie Conti
By Kyle Swenson
By Luther Campbell
For two consecutive years, Commander José Hernandez, a chaplain with the Miami-Dade Corrections and Rehabilitation Department, has survived investigations into the work he does in the jail system and possible conflicts of interest with a women's center he founded fifteen years ago. In fact he's thrived despite the probes. Late last year, just as a second internal affairs investigation was completed, he was promoted to commander in charge of jail chaplain services.
Now another potential investigation is under way, indicating that Hernandez is either the most embattled clergyman since Jim Bakker or that he simply can't work both jobs without creating problems. Perhaps because the center is a nonprofit that aids women in need, everyone, it seems, has been eager to overlook any potential transgressions. Well, almost everyone. Hernandez's lawyer, Roland Sanchez-Medina, offers one explanation for the constant inquiries: Hernandez is the latest pawn in one labor activist's efforts to tarnish the current corrections department administration.
The first investigation occurred in 1998, after a former employee of the Agape Women's Center complained to the county's audit and management services department. Officials examined whether Hernandez was using his county position to benefit Agape, which he established in 1985. The South Miami-Dade center offers drug and alcohol rehabilitation services, job training, and also acts as a shelter for battered women. Some who attend the center are ordered there as part of a court sentence. Because of his work in the jails, Hernandez may interact with women later sent to his nonprofit organization. The reverend receives a $70,000 salary from the county and $47,000 annually from Agape.
County auditors determined that Hernandez "claims his duties as a county employee do not include representing Agape in any capacity while on county time. A significant portion of his community-relations time, however, is spent representing the county at various functions and board meetings. According to Dr. Hernandez, while attending those meetings, he also represents Agape, creating an apparent conflict of interest.... We recommend that Dr. Hernandez either conduct all his Agape duties outside county business hours or resign from employment with Agape."
The matter was closed amicably enough. Hernandez says he agreed to change the way he conducted Agape business, such as no longer driving his county vehicle to the center, which he says he used to do once a month on his lunch hour. The only time he "represents" Agape while attending county meetings is if someone asks him about the center. After the matter was closed, nothing was formally put in writing, an oversight by former corrections director Donald Manning, according to Capt. Everald Gillings, administrative assistant to Manning's successor, Lois Spears. "Unfortunately Mr. Manning did not implement those recommendations," Gillings says, maintaining that the audit "did not find any wrongdoing."
In 1999 another ex-Agape employee came forward to complain, this time to corrections officials. The department's internal affairs office did its own investigation, revisiting many of the same complaints the 1998 audit addressed, such as use of a county vehicle to attend meetings, a practice Hernandez says he had stopped by then.
The internal affairs report sustained all seven allegations against Hernandez, citing the department's administrative order 7-1: "Under no circumstances shall a county employee accept outside employment or render other than official services to a private interest where county time, equipment, or material is to be used, or where a real or apparent conflict of interest with one's official or public duties is possible." Investigators determined that Hernandez secured funding for Agape on county time, including lobbying county commissioners and accepting a check from Commissioner Dennis Moss; that he solicited clients from within Miami-Dade corrections; that he has a financial interest in Agape that puts him in conflict with his corrections job; that he transacted business for Agape Women's Center with Miami-Dade County; that he drove his county car to Agape meetings; that he failed to file the proper outside employment request forms through the chain of command; and that he failed to complete an outside-employment statement.
In his defense Hernandez says Moss visited a board meeting and presented a check to Agape's director, not to him. He also notes that he can't "solicit" clients from jail because they must be sentenced to the center by a judge, and he insists he has never requested a judge do that. As for not filing the proper forms, even Spears says she sees that as a mere technical oversight on the reverend's part, because he was sending the forms to the wrong office.
Although the investigation found fault with Hernandez, the department's brass deemed the violations so trivial a review panel merely recommended putting some measures in place to make sure they didn't happen again. Then, as if to drive home the point that this was an inconsequential blip on Hernandez's twenty-year record with the department, he was promoted to the rank of commander in November 1999, the same month the internal affairs investigation was closed and signed by Spears.
"I made decisions which are my prerogative as the director," Spears says. "I'm the one who called for the investigation when the employee came forward. I had to. And there were some things sustained against José." But she adds that "as a rational person" she recognized there was no criminal wrongdoing or intent. "I'm very proud of José Hernandez."