LINDSLEY NOEL: Alleged public corruption violations did not deter elevation as Bay Harbor Islands top cop. PHOTO COURTESY OF FLORIDABULLDOG.ORG

Bay Harbor Islands, Fla. – Bay Harbor Islands Police Chief Lindsley Noel became the town’s top cop in 2023 despite being at the center of a probe for allegedly earning off-duty pay while also on duty, according to a whistleblower’s lawsuit.

Floridabulldog.org first reported the investigation in which the Miami-Dade State Attorney’s Office declined to press charges.

According to the lawsuit which was filed in Miami-Dade Circuit Court last month, Bay Harbor Island Police Sgt. Michael La Mantia claimed he was terminated as retaliation for working the internal affairs investigation into allegations Noel earned off-duty pay while still on the job in the town.

While state prosecutors declined to charge him with a crime, Miami-Dade detectives from the public corruption unit which conducted its own investigation found evidence that supported La Mantia’s claim.

According to documents, the investigation revealed that Noel, the first Haitian-American and Black police chief for Bay Harbor Island, allegedly violated the town’s ethics and integrity code between 2017-2019 when he was a captain and later deputy chief.

Noel, a 19-year police veteran, earned about $36,750 for his off-duty job while he was also being paid for his shifts at the police department with an annual salary of $1434,932.

The probe was launched when the Bay Harbor Island police department received an anonymous tip about Noel’s alleged scheme.

Lt. Curtis Johnson also took part in the investigation and wanted an outside agency to provide an independent evaluation because Noel had filed an Equal Employment Opportunity Commission (EEOC) complaint against the town, the investigative report states.

Johnson, who retired from Bay Harbor Islands before the compliance bureau investigation was completed, accused Noel of violating the town police’s ethics and integrity code; not paying the town a surcharge applied to every completed off-duty assignment for 37 details he worked; and changing dates he worked in the police department’s payroll system 100 times after he learned he was under investigation.

The department turned its findings over to the Miami-Dade police for further investigation with the assistance of the Florida Department of Law Enforcement.

The Florida Criminal Justice Standard and Training Committee, which also investigates police misconduct, looked into the allegations but cleared him of any wrongdoing, said Noel’s attorney Ramon Guillen.

When its probe concluded, MiamiDade police sent the findings to MiamiDade Assistant State Attorney Johnette Hardiman suggesting they have enough evidence to charge Noel.

But Hardiman declined to charge Noel with criminal official misconduct.

Guillen said Noel gave a sworn statement to Bay Harbor Island compliance bureau detectives that the town schedules, calendars and payroll entries for the day he worked were inaccurate.

Despite the investigation, Bay Harbor Islands Town Manager Maria Lindsay promoted Noel to police chief.

Lindsay suggested she believed in Noel’s innocence, downplaying the findings of the investigation, according to the minutes of the meeting when she gave him the nod last year.

On Aug. 1, 2023, the Bay Harbor Islands Town Council voted 4-1 to approve Lindsay’s recommendation to give Noel a police chief contract that pays him $196,117, as well as settle his EEOC complaint for $75,000.

William Amlong, LaMantia’s attorney, couldn’t be reached for comment.

Ramon Guillen told the South Florida Times the investigation was politically motivated as some officers in the department tried to prevent him from becoming police chief to replace Shawn Hemmingway, who retired and moved to Colorado.

Guillen said Noel was suspended for about a year during the probe but returned to work with all pay and benefits once Hardiman decided not to pursue charges.

"Of all the allegations against him, Mr. Noel was exonerated after four investigations," Guillen said. "My client is an impeccable law enforcement officer who works hard to advance in his career in the most stellar way possible. If anyone has any doubts, just ask the community. They love him."