Frustration and uncertainty continue in North Miami Beach after once again there were not enough commissioners to hold a meeting. For months, parts of the city government have not been operating as the mayor, several commissioners, and the city attorney fight in court.
Wednesday, Mayor Anthony DeFillipo’s attorneys filed an emergency motion in court asking a judge to force a commission meeting within the next five days.
After a November runoff election changed the governing majority in North Miami Beach and an investigation into where the mayor lives, much of the city business is on hold.
Three sitting city commissioners – Michael Joseph, Daniela Jean, and McKenzie Fleurimond – again did not show up to the North Miami Beach commissioner meeting Tuesday night, stopping the first action the new majority wants to take – removing city attorney Hans Ottinot.
After a lengthy public comment period when most speakers expressed frustration with the city coming to a halt, Commissioner Fortuna Smukler walked around the dais and removed the nameplates of those missing. That caused city attorney Ottinot to get up and leave the meeting.
NBC 6 wanted to get Ottinot’s thoughts on the situation but he said he did not want to speak on the record. Ottinot went down the back stairway and NBC 6 followed until he slammed the back door and pressed his body against it. NBC 6 waited for a few moments and then opened the door. When Ottinot saw the NBC 6 crew, he started running down the sidewalk and across Northeast 19th Avenue.
NBC 6 has previously tried to get a comment from Ottinot about the situation.
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The city attorney and the missing commissioners argue the mayor has no power to preside over the meetings because he’s violating the city charter. An outside law firm hired by the city determined it was reasonable to conclude the mayor lives with his family in Davie and not in a one-bedroom condo he showed NBC 6 in North Miami Beach.
The city and the mayor are fighting over this issue in court.
NBC 6 brought up concerns over his residency in an interview after Tuesday’s meeting and the mayor argued he’s legally the mayor until a judge tells him otherwise.
“We’re in the middle of a case. The Mayor is the Mayor until a judge sees it otherwise, or does not. This is all a political hack job,” Mayor DeFillipo said.
In the meantime, the mayor says the city continues to pay everyone’s salary while city business is not being done.
“Tax dollars are being wasted every day. As you can see, one walked out of the meeting. One was here half the time. And they’re being paid to be here,” Mayor DeFillipo said.
One of the mayor’s allies, Commissioner Jay Chernoff, recently filed a lawsuit asking a court to remove Vice Mayor Michael Joseph, arguing he missed 120 days in a row.
Joseph sent NBC 6 a memo from the city attorney claiming he still has time before the 120-day cut-off, since the last meeting he missed was in December.
In a statement, Joseph wrote NBC 6 the mayor’s allies are trying to intimidate him for accusing the mayor of violating the city charter.
“However, 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 wrote.
He went on to say “After years of repeated public corruption scandals, I was elected to change things. Trust in our city is the biggest issue for voters. This is where I am expected to hold the line against fraud and abuse.”
The other two other missing commissioners did not respond to my request. Commissioner Daniela Jean did attend Community Redevelopment Agency meeting just before Tuesday’s commission meeting. However, she soon left the building and the commission meeting did not have a quorum.