LEGISLATURE
Phone call raises legal issues for
lawmakers
Lawmakers recount a lobbying phone call
from a BellSouth executive to Rep. Julio Robaina, and they
question its legality.
BY MARC CAPUTO
mcaputo@herald.com
TALLAHASSEE
- A BellSouth vice president and lobbyist threatened to
withhold freebies for some Miami-area lawmakers last week if they
voted for legislation halting the largest telephone rate increase
in state history, lawmakers said Wednesday.
''We butter your bread. We're family,'' lawmakers quoted Eliseo
''Tito'' Gomez as telling one legislator. ``Tell the other
freshmen they won't get any tickets or seats in the skybox if they
aren't with us.''
Gomez denies saying anything resembling those comments when he
called state Rep. Julio Robaina -- a veteran BellSouth employee.
The call came just as the Miami Republican prepared to vote on the
measure last week on the House floor.
Robaina refuses to publicly discuss the details.
Whatever was said, the conversation clearly rattled the 24-year
service technician: Robaina missed the vote initially and then
changed it three times after the fact on March 31.
Some of Robaina's Miami-area colleagues say they know why he
changed his vote so often: He was scared he'd lose his job.
They say Robaina told them what Gomez said and it bothered them
because it sheds light on the hard-ball tactics of the
telecommunications industry. And it might have been illegal under
a state law that forbids threatening a public servant, Rep. Gus
Barreiro said.
''It sounded to me like he threatened a lawmaker, and it's not
right,'' said Barreiro. The Miami Beach Republican and another
lawmaker who asked for anonymity recounted to The Herald the
comments that Robaina told them Gomez made.
''BellSouth has to realize that this isn't the way people
should perceive the way they do business,'' Barreiro said.
NO COMPLAINT FILED
Still, Barreiro added, he's not filing a complaint and he
doesn't suspect that Robaina will either, because he wants to hang
on to his job.
Robaina is a 24-year veteran service technician at BellSouth.
With no complaint in hand, Leon County State Attorney Willie
Meggs said he probably won't look into the matter.
He said the law in question, which is most often used to
prosecute people who threaten public servants such as police
officers, would be difficult to use in a case where he doesn't
have a willing witness who feels he was explicitly threatened.
''I don't know if a lobbyist threatening a legislator works or
not with this,'' Meggs said.
'In the Legislature, there's always a veiled threat: `If you
don't vote my way, I won't support you or your issues.' This [the
Robaina matter] takes on a different level of threat, because you
have a lawmaker whose employer is asking him to vote a certain
way.''
State Rep. J.C. Planas, a Miami Republican, said Robaina later
told him of Gomez's alleged threat to block access to BellSouth's
skybox at Pro Player Stadium to him and to Miami Republican Rep.
David Rivera.
Planas said he scoffed.
''Yeah, I've gone to the skybox once or twice, but it doesn't
influence my vote. It doesn't influence my vote that they backed
me in my campaign and gave me support,'' Planas said. ``At the end
of the day, when all of this clears, I think everyone will realize
it was just something said in the heat of the moment. And Tito was
probably getting pressured too. It's not a big deal.''
Rivera couldn't be reached for comment.
Gomez couldn't be reached Wednesday, but told The Herald the
day before that he only called Robaina on the floor of the House
to get a sense of how the vote was going, particularly with
lawmakers from Miami-Dade County. He said Barreiro, along with
state representatives Manny Prieguez and Juan Zapata,
misunderstood the nature of his telephone call to Robaina.
Barreiro and Prieguez said Gomez called them Wednesday and
reiterated that he never made any threats.
It didn't impress Prieguez.
''I did not misunderstand my colleague. He explained to me
exactly what happened. I saw his reactions. He didn't even have to
tell me. I saw how he reacted afterward. I saw his face. I spent
an hour with him,'' Prieguez said. ``It was pretty clear what
BellSouth expected from him.''
Like Planas, Prieguez and Barreiro both said they have gone to
the BellSouth skybox a handful of times at Pro Player Stadium to
watch football and baseball games and that it has never influenced
their vote. BellSouth strongly backed Robaina in his race for the
Legislature in 2002, when the telecommunications industry lavished
more than $5 million on political parties and campaigns.
Prieguez was one of the few Republicans last year to vote
against the bill that allowed telephone companies to attempt to
raise rates in Florida by nearly $350 million.
The outcry from the rate hike led House Speaker Johnnie Byrd, a
Republican U.S. Senate candidate, to propose the legislation to
freeze the rates. Byrd's top lieutenants had to cajole and
arm-twist members to win passage of the measure, which appears all
but doomed in the Senate.
YES VOTE
In the end, Robaina, who voted last year for the legislation
that allowed for the rate hike, voted to freeze it after speaking
with House leaders. Not so for state Rep. Wilbert Holloway, a
Miami Democrat and also an employee of Bellsouth. Holloway, who is
external affairs director for the phone company, voted for the
original legislation, and opposed the rate freeze.
Holloway said the company has never told him how to vote. But,
he said, the same can't be said for Byrd's House, which is
notorious for punishing members who don't toe the line.
''That's the real story. Members are being told by leadership
how to vote, and they don't vote their conscience,'' Holloway
said.