The City of North Miami Beach descended into chaos again Tuesday night after Black commissioners again boycotted their own commission meeting in protest over the mayor's questionable residency status. As a result, the city commission has now failed to maintain a quorum for at least two consecutive months, preventing votes on agenda items and business from taking place.
Commissioners Michael Joseph, McKenzie Fleurimond and Daniela Jean, who did not show up for last month’s commission meeting, were absent again for the Feb. 21 meeting. Their absence from commission chambers came after questions about NMB Mayor Anthony DeFillipo’s residency raised concerns about whether he is still eligible for his seat. Mounting evidence seemingly suggests that DeFillipo has moved to Davie in violation of the city charter.
(Citynmb.com)
Michael Joseph, North Miami Beach Vice Mayor.
Both Commissioners Joseph and Fleurimond have publicly stated that they are intentionally sitting out of these meetings until DeFillipo’s residency issue has been resolved, as reported earlier in The Biscayne Times.
But the city charter states if a commissioner fails to attend meetings for a period of 120 days, their seat will automatically become vacant.
“After years of repeated public corruption scandals, I was elected to change things,” Joseph told The Biscayne Times on Wednesday. “Trust in our city is the biggest issue for voters. This is where I am expected to hold the line against fraud and abuse.”
Commissioners Fortuna Smukler, Jay Chernoff and Phyllis Smith — who have all stuck by DeFillipo’s side — said Tuesday that they were all ashamed of their colleagues’ actions and are willing to do whatever it takes to get the ball rolling again.
Chernoff, who shares the same attorney as DeFillipo, has filed a lawsuit asking a judge to remove Joseph on the basis that the latter has reached the number of meetings a commissioner is allowed to miss. But in fact, Joseph has been absent since the Dec. 20 meeting, which means April 19 is when the clock will run out on him.
The following meetings are set for March 21 and April 18.
“Commissioner Joseph is no longer on the commission,” attorney Michael Pizzi announced to commissioners, in what appears to be inaccurate.
Meanwhile, Joseph said he has yet to be served in connection with Chernoff's lawsuit.
“My fellow commissioner, Mr. Chernoff, literally used the word 'scare' to describe his goal of intimidating his colleagues and I with his frivolous lawsuit,” Joseph noted. “It's Mr. Chernoff and his attorney that are scared for the courts to conclude the same way with the city administration and the outside counsel that Mr. DeFillipo has been living in another city, in another county, and that Mr. Chernoff has been supporting a fraud all this time.”
Joseph said he won’t allow the lawsuit to distract him from doing the right thing.
“Power does funny things to funny people,” said Smith at the meeting, emphasizing that city business has stalled for about five months. “This is beyond ego … this shows me character. That you don’t give any consideration to what you’re doing to this public.”
The remaining commissioners who have been attending meetings are now seeking to resume operations with help from either the courts or the governor's office. DeFillipo stated Tuesday that he had already been in touch with officials in Tallahassee about the absences.
“All eyes are on this city, they’re watching us from Tallahassee,” he said.
(Johania Charles for The Biscayne Times)
North Miami Beach Commissioner Fortuna Smukler removes the nameplates of Black commissioners who failed to attend a Feb. 21 commission meeting.
Pizzi says he will urge a judge to revisit a motion filed to reduce quorum requirements, as stated in the charter, from five to four. It was denied by Judge Valerie Manno Schurr in a hearing late last month.
Some residents who spoke during public comment threatened to have City Attorney Hans Ottinot disbarred for allegedly advising the Black commissioners to sit out meetings, prompting Ottinot to leave the meeting.
Residents also pointed fingers at for allowing said commissioners to plan and sponsor events these last few months despite not showing up to meetings.
In a move to send a message to missing commissioners, Smukler removed their nameplates from the dais, stating they can have their titles and plates back once they return.