(North Miami Beach) — The City of North Miami Beach faces an additional bill in the coming days after a circuit court judge recently ruled that Commissioner Michael Joseph’s legal expenses, incurred while defending a lawsuit filed last year by Commissioner Jay Chernoff to unseat him, should be covered by the city.
In a May 2023 meeting, then-Mayor Anthony DeFillipo, with support from Commissioners Phyllis Smith and Fortuna Smukler, voted 3-1 to remove Joseph, with Commissioner Daniela Jean opposing. Chernoff’s lawsuit accused Joseph of not attending city commission meetings for over 120 days.
A mere month after his removal from office, Joseph, a Haitian-American, was temporarily reinstated thanks to a judicial ruling in his favor. Judge Peter R. Lopez of the Eleventh Judicial Circuit of Florida highlighted the lack of the necessary five-member quorum for Joseph’s removal and stated the City Commission overstepped its bounds, as it lacks the authority to expel members or resolve disputes about their office status. Commissioner McKenzie Fleurimond was barred from participating in the vote because his name was later added to the lawsuit, which prevented him from sitting at the dais during the meeting to oust Commissioner Joseph.
Judge Lopez further declared Joseph’s removal a violation of his due process rights, as Joseph hadn’t breached the city charter’s rule against 120-day absences.
Furthermore, Judge Lopez noted that, even if the quorum requirement had been satisfied, the City Commission lacks the power or authority to expel a member or to settle disputes regarding whether commissioners have vacated their offices. The commission’s powers are defined and limited by the city’s charter.
After former Commissioner Paule Villard lost her reelection bid in a runoff race last November, thus losing the 4-3 majority at the dais, the other three Haitian-American commissioners (Daniela Jean, McKenzie Fleurimond, Michael Joseph) had for months refused to attend commission meetings. This was in protest of allegations surrounding Mayor DeFillipo’s residency. In March 2023, a Miami-Dade Circuit Court judge ordered Joseph, Jean, and Fleurimond to attend the March meeting.
Chernoff’s lawsuit seemed motivated by the fact that the three Haitian-American commissioners were questioning whether Mayor DeFillipo lived in Davie instead of North Miami Beach, violating the city’s charter requirement. The lawsuit was filed shortly after this allegation surfaced.
DeFillipo who repeatedly denied the allegations, was arrested a few weeks after Joseph’s reinstatement. The former mayor faced three felony charges for voting in North Miami Beach despite having moved to a new residence in Davie, as stated by the Miami-Dade State Attorney’s Office.
The court’s ruling stated, “The Court finds that Defendant Commissioner Michael Joseph’s litigation of this matter aligned with his official duties, serving a public purpose.” Joseph is expected to receive the funds (nearly $50,000) in legal by no later than March 31. Following a precedent set with Fleurimond, North Miami Beach is also tasked with settling Joseph’s legal expenses.
Joseph, reflecting on the ordeal, acknowledged the righteousness of his defense, mentioning the personal toll the legal battle took on him and his family.
“I feel vindicated. The legal battle was a challenging journey for me and my family. My reputation and my health suffered due to constant harassment by supporters of the former mayor.”
Joseph advocates for moving on but calls for transparency and taxpayer compensation, holding DeFillipo and his allies accountable for the financial burden on the city.
Public records now reveal that the city’s legal expenses have exceeded $235,000 in disputes related to the attendance of Commissioners Joseph and Fleurimond at meetings, as well as issues concerning DeFillipo’s residency and eligibility for office.
Dessalines Ferdinand
