Hialeah councilwoman’s arrest could leave vacancy, but mayor doesn’t want special election

The day after Hialeah Councilwoman Angelica Pacheco was arrested and charged with healthcare fraud, Mayor Esteban “Steve” Bovo Jr. held a press conference where he ruled out the possibility of conducting a special election this fall.

Bovo and other Hialeah government leaders expect Gov. Ron DeSantis to remove Pacheco from office, as he has done with other elected officials involved in criminal investigations. Only seven months after being sworn in, Pacheco is being charged with exploiting her business, Florida Life Recovery and Rehabilitation, to submit $19.1 million in bogus bills for substance abuse treatment, urine test analysis and other services to multiple insurance companies between July 2017 and August 2020, according to a grand jury indictment. The Miami Herald broke the news of the councilwoman’s arrest on Thursday.

At a press conference Friday, Bovo said he expects that the city council will appoint someone to replace Pacheco.

“The council has had the ability to appoint a person that usually holds the position until the next election because a special election in the city costs half a million dollars,” the mayor said. “My advice to the councilors would be ... I don’t think it is even feasible at this time to be able to conduct an election to try to have it in November.”

But Roberto A. Rodriguez, deputy supervisor of the Miami-Dade County Elections Department, told the Herald “there is still time for Hialeah to conduct an election this year for any vacant seat.”

Rodriguez explained that any candidates would have to qualify for the November race before Aug. 23.

Rodriguez said that if the city decides to conduct an election for Pacheco’s seat — or for the seat held by Commissioner Bryan Calvo, who is running for tax collector — it would cost about $44,000, not the $415,000 that the city paid in 2023 for an election for four council seats, because it is a presidential election year.

Sources in the city have told the Herald that several names are being considered for the appointments of interim council members to fill the two seats. Among those considered is the mayor’s deputy chief of staff, Carlos San José.

When asked by the Herald, Bovo said that there are no vacancies on the council for the time being, “so there is nothing to contemplate.”

“When the vacancies exist, then there can be a conversation,” he said. “And I imagine there will be several names of people who are interested.”

Council President Jesus Tundidor told the media that Hialeah would have to have several elections in the coming years for council members, who serve four-year terms. Hialeah has seven council members, with four seats in one election cycle and three seats in another.

In 2025, three council seats and the mayoral seat are scheduled for election.

“You have to keep in mind that if there is a special election this year, we’re going to have an election this year for this seat, another next year and then another in 2027,” Tundidor said. “It will be several elections, and everything always costs money.”

Hialeah’s special election in 2022 to fill the vacancy left by Councilman Oscar De La Rosa cost the city more than $44,000. That year there were also elections in Miami-Dade County.

Mayor dismisses involvement in the FBI investigation

Hours after Pacheco was released from jail, she posted a statement on her website, claiming to be innocent and blaming Bovo, a political rival, for the FBI investigation against her.

“Although these accusations do not originate in the City of Hialeah the mayor is behind this due to his extensive network of contacts,” the statement said. Pacheco noted she “has been repeatedly threatened by the mayor of Hialeah due to her brave stance in defending the interests of the city’s residents.”

On Friday, however, Bovo pointed out that the investigation conducted by the FBI happened before he became mayor.

“Trying to blame the city or me for her legal problems is a diversion tactic that I don’t think people are going to buy into,” Bovo said. “Fraud is a serious situation in Miami-Dade County.”

Pacheco, a 37-year-old registered nurse, pleaded not guilty to one count of conspiracy to commit healthcare fraud, five counts of healthcare fraud and two counts of wire fraud in Miami federal court on Thursday.

Public records showed Magistrate Judge Lauren Louis appointed the federal public defender’s office to represent Pacheco and granted her a $250,000 bond.

The councilwoman compared her FBI investigation with the trials facing former President Donald J. Trump, saying in her statement that she is “living an experience like Trump’s. In the same way that Trump fights, she will fight.”

At the press conference Friday, the mayor expressed his regret over the situation and the way it reflects on Hialeah.

“It’s image unfortunately is being dragged through the mud,” he said. “But I think it’s important to understand that everything that is transpiring right now was done before the councilwoman was even on the City Council.”