‘Go to work’: Judge holds off on deciding if North Miami Beach commissioner can keep seat
A Miami-Dade Circuit Court judge said Wednesday the attendance of a North Miami Beach commissioner at the next commission meeting could factor into whether he will keep the seat.
Miami-Dade Circuit Court Judge Peter R. Lopez will hear arguments at a later date about accusations that North Miami Beach Commissioner Michael Joseph has not attended a meeting for 120 consecutive days and should vacate the seat.
“I am purposely going to set it in April or May,” Lopez said about the next court hearing. “If this commissioner decides he does not want to attend the March meeting, he may have a problem down the road.”
READ MORE: North Miami Beach commissioner files lawsuit to kick colleague out over attendance
Joseph last attended a meeting on Oct. 18. According to the city’s charter, if a commissioner misses a city commission meeting for a period of 120 days, then the seat is automatically vacated. Joseph’s attorneys argued the 120-day mark starts from when he first missed a meeting, which would be Dec. 21. A meeting was not held last November.
But attorneys for North Miami Beach Commissioner Jay Chernoff, who brought the lawsuit against his colleague, argued the 120 days began from the last time Joseph attended a meeting.
Lopez criticized Joseph’s decision to not attend commission meetings. “The status quo should be to go to work, not sit and boycott,” he said.
Joseph, along with Commissioners McKenzie Fleurimond and Daniela Jean, had refused to attend meetings, citing their belief that Mayor Anthony DeFillipo actually lives in another city, which violates the city charter, and should vacate his seat.
READ MORE: Disturbed by behavior, judge orders North Miami Beach commissioners to attend meeting
There is a pending court case on DeFillipo’s residency, alleging he lives in the town of Davie.
Last week Miami-Dade Circuit Judge Valerie Manno Schurr ordered all North Miami Beach commissioners to attend the city’s March 21 commission meeting.
Chernoff said questions regarding DeFillipo’s residency shouldn’t determine whether a commissioner attends a meeting.
“You’re sworn to the seat, you should show up,” he said after the hearing.
This story was originally published March 8, 2023 at 2:28 PM.
