North Miami Beach Commission Removes One of Their Own Over Attendance Question – NBC 6 South Florida

The North Miami Beach commission voted to remove commissioner Michael Joseph, the latest act in a political drama which has overwhelmed the small city for more than half a year.

On Tuesday night, commissioners voted 3 to 1 to remove Joseph after several hours of public comment where people accused different city leaders of racism and unethical behavior.

According to the city charter, a commission seat is automatically vacated if someone misses 120 days. Commissioners Fortuna Smukler and Phyllis Smith joined Mayor Anthony DeFillipo in voting to remove Joseph.
Commissioner Daniela Jean voted against the move. Commissioners McKenzie Fleurimond and Jay Chernoff did not vote because they are involved in a related lawsuit and had a conflict of interest, per state law.

Joseph was not present at the meeting because of a health issue. His attorney told the commission Joseph had a heart attack a few weeks ago and had a “cardiac event” recently and was under doctors’ orders to rest.

The North Miami Beach mayor moved to remove a commissioner in the city’s first commission meeting after months of a court battle. NBC 6’s Phil Prazan reports

“The Commission disregarded and contradicted the advice of three prior City Attorneys, outside counsel, and the plain language of the City Charter. This is part of a months-long political vendetta against Commissioner Joseph. Commissioner Joseph will be vindicated and reinstated in his pending proceeding before the court,” Max Eichenblatt, Joseph’s attorney, told NBC6.

Joseph and his legal team have argued he did not miss 120 days because the first meeting he missed was in December. His opponents argue the clock started after the last meeting he attended in October. Joseph did attend the March meeting after a Miami-Dade County court ordered all the commissioners to attend.

“It’s not a great day. It’s nothing nice to do. It’s very unfortunate. I pray for Mr. Joseph and his family,” Mayor DeFillipo said, “If the gentleman is sick, he’s sick. But the city’s business must go on.”

Chernoff had earlier filed a lawsuit against Joseph over this issue, which is ongoing. A hearing on the case is scheduled for next week.

In the meantime, the city is required to schedule an election within 90 days. Joseph can run for the seat.

Latest Action In a Long Saga

Tuesday’s action was the latest in a series of controversial actions from different members of the North Miami Beach Commission. Accusations of unethical behavior have permeated the city over the past few years.

The 2020 election brought the first Black majority to the city commission in its history. In a heated runoff election in 2022, the power shifted away from that coalition and towards Mayor DeFillipo and his allies.

After the election, an ethics complaint alleged, and an outside law firm hired by the city determined, that the mayor did not live in North Miami Beach, as required by the city charter, but instead with his wife and children in Davie. The mayor disagreed and has always stated he’s lived in the city, arguing in a deposition he was going through marital issues and was living with his mother and then a one-bedroom condo in the city.

Commissioners Jean, Fleurimond, and Joseph boycotted meetings after advice from then-city attorney Hans Ottinot, arguing the mayor did not have authority to preside over meetings because of his residency question. The quorum break put city business on hold for months.

After several months, North Miami Beach will finally have a commission meeting amid an ongoing court battle. NBC 6’s Phil Prazan reports

The mayor’s attorney filed a lawsuit against the city. The city countersued and a lengthy court battle ensued until a Miami-Dade judge ordered all commissioners to attend meetings. Once with a quorum, the new majority fired the city manager. The city attorney resigned days before he was going to be fired. In April, the majority voted to drop the lawsuit over Mayor DeFillipo’s residency issue.

The Miami-Dade State Attorney’s Office earlier confirmed to NBC6 they were reviewing the situation in the city.

On Tuesday, Joseph supporters at the meeting argued this latest action was retaliation. City commissioners argued they were upholding the city charter.

“The removal of a leader should not be based on personal vendettas or political vendettas,” Jean said.

“For five months this city was on hold so don’t tell me we have to move forward,” Smukler said.

Resident Trish Miller told the commission, “I am uncomfortable with unseating a duly elected commissioner and I’d like to know why they were comfortable with unseating a duly elected mayor.”

A councilwoman from neighboring North Miami, Kassandra Timothe, spoke in favor of Joseph, saying, “This is an abuse of power and will disenfranchise voters in North Miami Beach who voted for their representation.”

“It’s us the residents here that you need to listen to because we are directly impacted by this commission,” resident Bruce Lamberto responded.

Several speakers pleaded with the commission to tone down the tensions.

“We are celebrating both Haitian Heritage month and Jewish-American Heritage month. These are communities that have a longstanding relationship,” said Florida Rep. Dottie Joseph, speaking in support of Joseph, “We’ve had a good relationship and sometimes trying relationship in the city of North Miami Beach but we’ve always been able to remain cordial and respect one another.”

This is not the first vote to remove a commissioner. In 2018, the commission removed former commissioner Frantz Pierre for missing 120 days in a row. Pierre filed a lawsuit to keep his seat and was temporarily reinstated. Then, however, he was arrested for taking a bribe from a strip club owner and was suspended by then Gov. Rick Scott. He later plead guilty to 11 charges not related to his attendance.