Does North Miami Beach mayor live in another city? Ethics complaint filed
During the first North Miami Beach city commission meeting after the election, some commissioners called for an investigation into Mayor Anthony DeFillipo’s residency, the mayor tried to fire the city attorney and one commissioner walked out, leaving no quorum for votes.
Commissioner McKenzie Fleurimond said he and other commission members received an email alleging DeFillipo did not live in North Miami Beach. The email, obtained by the Miami Herald, includes a copy of the complaint filed Dec. 17 by a resident with the Miami-Dade Commission Ethics and Public Trust which alleges DeFillipo purchased a home in Davie for $1.2 million cash.
Broward County online property records confirm DeFillipo and his wife purchased the Davie home in the Sierra Ranches community in July, just before election primaries in August. He also owns a condo at 3601 NE 170th Street in the Eastern Shores neighborhood of North Miami Beach, according to Miami-Dade County online property records.
In order to remain in office, elected officials must “always be and remain bonafide residents” of North Miami Beach, according to the city’s charter. Elected officials must have a permanent, fixed residence in the city excluding other places. If an official changes residence outside the city, their city seat shall be automatically vacated or forfeited.
DeFillipo submitted paperwork to the city clerk a year ago regarding his residence address change to the Eastern Shores, according to a Dec. 21, 2021, email obtained by the Miami Herald. “My address has always been in North Miami Beach, my residency has always been in North Miami Beach without question,” DeFillipo said during last week’s meeting. “And if you want to question it, the clerk is there and has all my information. You’re very welcome to get it. It’s available. It’s public.”
DeFillipo said as a real estate investor, he buys and sells property all the time, and is close to closing on a property in Boca Raton. “This is my livelihood. It’s what I live from. I buy and sell and invest,” DeFillipo said at the Dec. 20 meeting. He did not respond to multiple phone calls from the Miami Herald requesting comment.
Commissioners Fleurimond and Michael Joseph have asked the city attorney to investigate the matter. “North Miami Beach residents deserve full transparency and to know if their mayor actually lives here or potentially committed voter fraud,” Joseph said in an emailed statement. “I formally requested the city attorney who is obligated by our city charter to issue a legal opinion on the mayor’s residency allegations.”
Once the Ethics Commission receives the complaint, they will determine if the complaint is legally sufficient. If it is, they will determine probable cause and hold a public hearing. Should a violation be found, penalties can be imposed, which the parties involved can appeal.
The allegation prompted Fleurimond to walk out during the discussion, but he later returned. “Once something like that comes before us, as an elected body, it’s our responsibility to fully vet those claims, and allow for the mayor to efficiently respond to those claims,” Fleurimond told the Herald.
Commissioner Fortuna Smukler said she will wait until the Miami-Dade Commission Ethics and Public Trust completes its investigation. “Anybody can send an email and say anything about you or me,” she told the Herald. “So unless you show me proof, an email is not sufficient.”
Call for city attorney resignation
Toward the end of the meeting, DeFillipo called for the resignation of the city attorney, but before a vote could be taken, Fleurimond walked out again, eliminating the meeting’s quorum and leaving several legislative items undiscussed. Councilwoman Daniela Jean had left the meeting earlier due to illness, but said she did not feel comfortable having a discussion around firing the city attorney.
Fleurimond criticized the motion by DeFillipo. “We’ve never, since I’ve been on the Commission, fired or changed any role of a charter officer at the first meeting (with newly elected commission members), without having some sort of a plan of action,” he said. DeFillipo did not respond to multiple requests for comment from the Miami Herald.
Newly elected Commissioner Jay Chernoff said Fleurimond’s decision to leave the meeting the second time cost the city and developers money and was unfair to residents. “There were two zoning pieces that needed to be heard that night. So there were attorneys there for the owners that were being paid by the owner that the owner had to pay for with no result. That was horrible to do.”
This story was originally published December 29, 2022 at 3:13 PM.
