An effort to compel a court to decide their fates – rather than having their fellow commissioners do so – has failed for North Miami Beach Commissioners McKenzie Fleurimond and Michael Joseph.
Miami-Dade Circuit Judge Peter Lopez denied an injunction requested by the two commissioners that would have prohibited the city commission from voting on whether to declare vacancies for their seats following repeated absences.
The spotlight turned to the two commissioners, who did not attend city meetings for two to three months, once Mayor Anthony DeFillipo’s residency scandal went all but forgotten. The commission, now with a restored quorum, is expected to conduct a hearing at its next meeting on May 16 to decide whether Fleurimond and Joseph violated the city charter with their absences.
Attorney Benjamin H. Brodsky, a co-founder of Brodsky Fotiu-Wojtowicz, is representing McKenzie and Fleurimond and said the outcome of next week’s meeting is entirely predictable.
“Commissioners are going to determine that Commissioners Joseph and Fleurimond failed to attend the meeting for 120 days. They do not have the authority to do that,” Brodsky said in open court after a series of objections by Commissioner Jay Chernoff’s attorney, Michael Pizzi.
Debates between the attorneys ensued, with Pizzi arguing that the city’s hearing, which would include a public comment period, should proceed so as not to violate the free speech clause under the First Amendment of the U.S. Constitution.
(José A. Iglesias/Miami Herald Pool Camera)
Miami-Dade Circuit Judge Peter Lopez has ruled against embattled Commissioners McKenzie Fleurimond and Michael Joseph.
Brodsky actually agrees with that sentiment. He does not agree, however, that the commissioners should determine an outcome following the hearing.
John Herin, the city’s attorney, stood to defend the commission’s right to vote, citing a portion of the North Miami Beach charter that states the city “shall have all available governmental, corporate and proprietary powers and may exercise them except when prohibited by law.”
Lopez cited a separation of powers between the court and the commission that he said he would not usurp to grant injunctive relief, as Fleurimond and Joseph hoped he would. Any adjudication by the court, Lopez said, would have to come after the commission acts on the matter first.