More questions in court on North Miami Beach Mayor Anthony DeFillipo’s residency
Questions over North Miami Beach Mayor Anthony DeFillipo’s residency were unresolved on Wednesday after a Miami-Dade Circuit Court judge said she did not have enough evidence to determine if he lived in the city limits as required by the city’s charter.
Judge Valerie Manno Schurr heard about two hours of testimony from a consultant, Kennedy Rosario, who was contracted by Countywide Investigations to look into DeFillipo’s residency.
Rosario testified about surveillance footage captured by a private investigator, who also works with Countywide Investigations, outside the Sierra Ranches subdivision in Davie, where DeFillipo has property that raised allegations that he lives there. Countywide Investigations’ report was cited in a memo by law firm Heise Suarez Melville, who were hired by North Miami Beach City Attorney Hans Ottinot to investigate DeFillipo’s residency.
The memo does not state who hired Countywide Investigations to look into DeFillipo’s residency claims.
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Screenshots of surveillance footage outside the entrance to the Davie subdivision showed a black Range Rover that Rosario said was owned by DeFillipo entering and leaving the property multiple times.
Rosario testified there was no active surveillance outside the North Miami Beach property, but said investigators did “drive bys” and neither DeFillipo nor his car were seen outside that property during those times.
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“The testimony today was far from sufficient for me to make any decision about where he lives,” the judge said during an injunction hearing. “Now there’s questions about who asked for this surveillance. So right now as I sit here, I do not have enough information to say that he was not living in North Miami Beach.”
Schurr said she needed to hear more testimony from Rosario and other witnesses and ordered an expedited discovery schedule and trial.
“We are confident that the judge will conclude at the end of the day that the mayor resides in North Miami Beach and has never vacated his position,” Michael Pizzi, DeFillipo’s attorney, told the Miami Herald after the hearing.
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The hearing Wednesday is the latest in a legal battle over DeFillipo’s residency. Three commissioners — McKenzie Fleurimond, Daniela Jean and Vice Mayor Michael Joseph — have refused to attend commission meetings with DeFillipo at the helm because they say he is no longer mayor due to questions about his residency.
Without their attendance, the seven-member commission cannot reach the five-member quorum required to take action on city business.
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Initial concerns arose in November about DeFillipo living in a home in Davie, according to a report compiled by Countywide Investigations. In December, a resident filed an ethics complaint regarding DeFillipo’s residency concerns.
The issue escalated in January when Heise Suarez Melville, hired by Ottinot to investigate the matter, issued a legal opinion saying DeFillipo vacated his seat and a special meeting must be called to discuss his residency. DeFillipo has repeatedly denied the accusations, insisting he lives in North Miami Beach. He acknowledged to the Herald, through his attorney, that he served on the homeowners association for the Davie property.
At a Jan. 31 hearing, Schurr ruled that the city commission must follow its charter, which specifies that a quorum of five is required to do city business.
Schurr said she could not go against the city’s charter and order the commissioners to attend the Feb. 21 meeting, but she thinks it should go forward.
“I think that everybody should make sure that business of the city continues,” she said during Wednesday’s hearing.
