Miami fires code inspector who accused commissioner of poking her at illegal party

Miami administrators have fired Suzann Nicholson, the code inspector who accused Commissioner Alex Díaz de la Portilla of poking her when she encountered him at an illegal warehouse party in his district in February.

The firing marks another volley in a controversy that set off a legal battle between the commissioner, who called for her firing and accused her of seeking a fraudulent workers compensation claim, and the inspector, who is suing him for defamation.

City Manager Art Noriega announced the dismissal Wednesday after he said Nicholson refused to give administrators an official statement on the alleged altercation when Noriega’s staff investigated the claims.

“As part of that investigation, Ms. Nicholson was obligated to give an ‘official’ statement to city investigators to assist with the investigation into her claims, but she unreasonably refused to do so,” Noriega said. “As a result of the employee’s refusal to cooperate with the administrative investigation into the serious claims that she made of misconduct while in the course and scope of her official duties, the City has terminated the employee for insubordination, effective immediately.”

Court filings show Nicholson’s attorneys predicted her firing, arguing Nicholson already gave her account to her former supervisor and accusing the city of trying to set her up to be dismissed. In a statement Wednesday, David Winker, one of Nicholson’s lawyers, repeated the inspector’s claim that a supervisor told her to destroy photographic evidence of Díaz de la Portilla’s presence at the venue.

“Firing Ms. Nicholson is just another chapter in the city’s unfair treatment of an employee who was just doing her job and was unfortunate to run into Commissioner Díaz de la Portilla at an illegal after-hours club,” Winker said. “The city is sending a clear signal to its employees that they better ‘protect the politicians.’ Ms. Nicholson will have her day in court and I look forward to exposing and punishing the city’s shameful conduct.”

The altercation

In early April, Nicholson and her attorney told several media outlets that when she arrived at the unlicensed party, she was taken to Díaz de la Portilla. The venue was missing permits and operating past a midnight COVID-19 curfew, which was still in effect at the time. She was working on a joint task force with police officers to monitor illegal bar activity at night.

Nicholson and Díaz de la Portilla spoke after she arrived at 722 NW 22nd St. What happened during and after is disputed. Nicholson said the commissioner poked her while speaking to her, causing her to step backward awkwardly and roll her ankle. She said she later suffered hip pain and required physical therapy.

The alleged altercation, which is not visible in three separate police body camera videos, grabbed headlines and sparked a defamation lawsuit against Díaz de la Portilla after he said Nicholson was lying and called for her firing. She sued him on April 28.

In a statement, Díaz de la Portilla said “when employees make spurious accusations concerning the content of their official business the city can and must hold them accountable.”

The commissioner has repeatedly called Nicholson a “defamer” who should be fired.

“While, as a commissioner, I take no pride in any employee’s dismissal, I do support the administration’s enforcement of the basic rules on decency and honesty expected of any public servant,” he said.