Editor’s note: This article has been updated to include additional information provided by the city of Miramar days after this story aired.
A former South Florida fire chief was accused of using taxpayer money for personal purchases while he was on the job. How the city of Miramar handled an investigation into the activity has raised new questions.
The purchases in question included $900 fishing reels, slide rentals, a drone, and pricey amplifiers. Investigators said then Miramar Fire Chief Robert Palmer bought the items using his city-issued purchase card, or P-card, over a period of five years, from 2017 until just before he retired in 2022.
“When somebody goes into a position in public office where they’re using taxpayer funds, they should have a heightened sense of propriety,” said Joseph DeMaria, a former federal prosecutor who now works as a defense attorney. DeMaria was not involved in this investigation.
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“Proper practice is to not be using that card for anything that’s not legitimately authorized under your disbursement rules,” DeMaria explained.
After Palmer’s retirement, investigators began looking into over 400 purchases made with his P-card. According to a police memo from September of 2023, they compiled a list of dozens of items “…Not consistent with purchases that would be made for the…Fire-Rescue Department.” The total value of those items was $35,931.34.
NBC 6 Investigates obtained a copy of the list, which included merchandise ranging from near $800 for a welder, more than $600 in golf cart parts, eight tactical gun cases and a $600 ice maker from Best Buy. Police said some of the purchases were delivered to fire rescue headquarters and others went to Palmer’s home.
“It clearly raises questions,” DeMaria said.
A memo from the Broward State Attorney’s Office Public Corruption Unit states the investigation began with the Florida Department of Law Enforcement, but it was “decided by the City of Miramar…” that their police department’s internal affairs unit would take over the investigation.
DeMaria said he believes the city should have recused itself from the investigation. “Do I think it looks good that they basically took it away from the FDLE and brought it in house?” he asked, “I don’t think that looks good.”
Police inspected several fire rescue locations but were unable to locate any of the exact items listed. Shortly after that, the sergeant handling the case told prosecutors, “His command had asked him to discontinue the investigation…” according to the memo.
Broward State Attorney’s office declined to prosecute, saying they believe “Palmer did, in fact, steal approximately $35,931.34 from the city of Miramar.” But getting the evidence they need will be “next to impossible,” in part, due to the delays in reporting and the “city’s disinterest in cooperating with any prosecution.”
“Would somebody’s position make a difference, I think so,” said DeMaria regarding the city’s decision not to pursue charges, “Somebody lower down on the chain might not get the same benefit.” He added he understands why the Broward State Attorney’s Office could not prosecute the case.
Palmer’s attorney declined to comment for this story. But according to the prosecutors’ memo, Palmer was “consistently evasive” when questioned but “did agree he used the p-card to make personal purchases at Home Depot and Lowe’s.” And paid the city back to “expeditiously resolve this matter.”
The city gave prosecutors a copy of a check showing Palmer paid the city back the amount owed, more than thirty-five thousand dollars. The check is dated March of 2023. But when NBC6 Investigates asked the city for a copy of the check, they provided a check dated September of 2023, six months later and after prosecutors closed the case. NBC6 contacted the city several times seeking clarification. More than a week after the story aired, the city provided a copy of the bank statement – showing the $36K deposit in September. In an email, the city manager Roy Virgin explained the original check was issued when the State Attorney’s Office was actively investigating the case. By the time, prosecutors closed the investigation, the check had expired so a new one had to be issued. He went on to say, “the funds owed to the city were returned to the taxpayers’ coffers.”
“How did it keep happening year after year?” DeMaria asked of the spending, “Did you conduct an audit four years ago? Did you find any of this?”
Virgin wouldn’t answer questions on camera but said in an email, “There was and is an approval process for expenditures,” and “staff did not identify any discrepancies at the time of review.”
He also wrote in part:
“When notified by Fire Administration, after Chief Palmer’s retirement, that there may have been misuse of the p-card, the city conducted a preliminary audit to determine whether the allegations were founded. The audit proved that we needed to conduct an official forensic audit of his p-card usage.”
Virgin also said the city didn’t pursue criminal charges because Palmer paid restitution and no longer worked there.
Virgin said the city has reduced the number of p-cards issued to better track and audit expenses, which he says is done routinely. He did not comment on why the city took over the investigation from the FDLE.
