NORTH BAY VILLAGE
New North Bay Village mayor involved in lawsuit battle
The election is over, but Penelope Friedland and North Bay Village Mayor Oscar Alfonso are still scrapping over campaign ads.
By LAZARO FRAGA
lfraga@MiamiHerald.com
The contentious race for North Bay Village mayor may have ended nearly two weeks ago, but the fallout continues.
A main source of controversy: A bankruptcy case filed by newly elected mayor Oscar Alfonso more than a decade ago, which became a campaign issue in the race.
A flier circulated by his opponent before the Nov. 4 election sparked a lawsuit from Alfonso against defeated candidate Penelope Friedland -- and a countersuit by Friedland claiming Alfonso ''blatantly lied to the media and to voters'' about his finances.
Alfonso took 51 percent of the vote to win by a narrow margin of 48 votes: 925 to 877. In the days before the election, Friedland's campaign sent out a mailer questioning whether Alfonso was fit to manage the city's budget because of a bankruptcy filing.
The mailer included a photocopied image of a 2006 court document.
The problem: the 2006 case was for another Oscar Alfonso who lived in Hialeah.
When asked about the mailer just days before the election, Alfonso told The Miami Herald that he had not filed for bankruptcy.
His assertion was reported in a story that ran Nov. 2.
He also sent out his own campaign material which depicted Friedland's forehead stamped with the word ``LIAR.''
The day before the election, Alfonso filed a lawsuit against Friedland accusing her of defamation, libel and asserting that her ad did not contain a ``shred of truth.''
But Alfonso, in fact, had filed for bankruptcy -- not in 2006, as Friedland's flier indicated, but in 1997.
On Wednesday, Friedland's attorney filed a countersuit -- also claiming defamation -- stating that Alfonso ``impugned Penelope Friedland's honesty and integrity while protesting vigorously that he had never filed for bankruptcy.''
Friedland declined to comment citing the pending lawsuits.
Her attorney, Harley Tropin, said ``the substance of the mailing was completely accurate.''
''Oscar Alfonso did file for bankruptcy and he does have financial issues,'' he said.
Alfonso's reaction to the mailer -- filing a lawsuit and labeling Friedland a liar -- were ''slanderous and disappointing for a candidate for public office,'' Tropin said.
Alfonso, who was sworn in as mayor Wednesday, downplayed the issue.
''The people had a chance to speak, and they spoke,'' he said after the ceremony at Treasure Island Elementary when asked about the countersuit.
Alfonso said he had not yet seen the lawsuit.
As of Thursday, he had not dropped his suit against Friedland, which also names her campaign treasurer -- and North Bay Village's vice mayor -- George Kane.
Benedict Keuhne, Alfonso's attorney, said Friedland's political ad implied Alfonso filed for bankruptcy while he was a commissioner.
''The campaign chose to send an ad that was false on its face,'' Keuhne said. ``How could they think she was going to get away with that?''
Friedland's countersuit mentions seven foreclosure cases dating back to 1996 that list Alfonso as the defendant.
The suit also says that Alfonso still hasn't paid his 2007 property taxes.
Records from the Miami-Dade property appraiser's office show Alfonso currently owes $5,499.88 on his home, which he purchased for $225,000 in 1992.
When asked about his 2007 property taxes on Thursday, Alfonso said he didn't remember if he had paid them.
Also mentioned in the countersuit: Alfonso's unpaid city water bills and $8,200 in fines from city code violations that resulted in a lien on his home.
Alfonso has said that he had refused to pay his water pending a dispute with the city-run utility, which was later resolved.
He received a $2,238 credit to his account. The lien on his home was paid off in 2003.
Alfonso said he felt justified in calling Friedland a liar in his political ad.
He said he was responding to what he says were inaccuracies in her campaign material.
''The piece that was written referred to that document,'' Alfonso said. ``It was a lie.''
Alvin Blake, a former North Bay Village commissioner who supported Friedland's bid for office, said he was outraged by the tone of Alfonso's campaign.
He said Alfonso's supporters -- including several children -- shouted at him and other Friedland supporters at the polling precincts, calling them ``liars.''
''He is the epitome of lying,'' Blake said of the city's new mayor. ``He's not an honest person.''
Blake also took issue with off-duty North Bay Village police officers campaigning for Alfonso, saying their actions may have ''intimidated'' voters.
Alfonso was endorsed by the Police Benevolent Association.
''All sworn officers in the police department are members of the PBA,'' said North Bay Village Lt. Steve McVay, a representative with the police union. ``We were out there, off duty and out of uniform, as citizens supporting the PBA-endorsed candidate.''
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