North Miami Beach commission at standstill, unable to conduct city business
MIAMI - The path forward to conducting city business in North Miami Beach remains cloudy. The mayor wants to fire the city attorney and manager.
Meanwhile, two commissioners support the city attorney's stance that Mayor Anthony DeFillipo "automatically vacated" his position.
It leaves the city commission at a standstill, unable to conduct city business.
"This meeting is not legal," said city attorney Hans Ottinot.
"You're out of order. Mr. Attorney, you're out of order, "DeFillipo said.
Mayor Anthony DeFillipo stops city attorney Hans Ottinot from expressing his legal stance.
"Sir, you're conflicted out. You have four votes that have voted to terminate you," DeFillipo said as he presided over the meeting.
DeFillipo tells Ottinot that all four sitting on the dais want to fire him.
At the same time, Ottinot tries to tell the commission DeFillipo is already out. Instead, Ottinot walks out, unable to express his legal opinion.
The mayor calls upon his personal attorney Michael Pizzi first. Pizzi tells the commission he filed an emergency injunction in the courts Tuesday morning to change charter by-laws.
"This mayor and council to hold a meeting with a majority of four," Pizzi said.
Currently, rules state that without at least five present members, North Miami Beach cannot conduct commission meetings.
Only four were in attendance. On Tuesday, discussion and public comment were held.
"This entire meeting and business that was transacted were illegal," McKenzie Fleurimond said.
Fleurimond was one of three commissioners that did not attend. His stance is the mayor automatically vacated his seat based on legal findings from an outside attorney, supported by the city attorney.
A 43-page memo issued to the commission states DeFillipo failed to maintain residency in North Miami Beach.
"Showed up to a meeting that he is not supposed to be presiding over. To make sure I'm in good legal standing and that our city is in good legal standing, I decided not to attend the meeting tonight," added Fleurimond.
"Tony DeFillipo should not be involved in an issue where he is concerned. I believe it would be a conflict at that point."
"I live in North Miami Beach. I always have," said DeFillipo.
Charter by-laws call for automatic removal if his primary residence is outside the city.
Our investigative efforts bring that into question. The voting record we obtained found DeFillipo voted three times in 2022 from a North Miami Beach home he sold in 2021.
Property records reveal DeFillipo purchased a $1.2 million home in Davie last July.
CBS4's Joe Gorchow addresses DeFillipo, "You and your wife both have your names on the callbox in Davie, and there are pictures of your wife living there on a daily basis in a three-week investigation."
"I own property," responds DeFillipo.
Gorchow, then asks, "Is your family living there, and you're living away from your family to live in Eastern Shores, mayor? Is that what is happening? Can you answer why you voted improperly three times in 2022?"
"I've already answered your questions," said DeFillipo.
He did offer one explanation for owning the home in Davie.
"I'm an investor. I invest in properties. They assume I live at a property, which I don't."
Commissioner Fleurimond says he will not attend commission meetings if the mayor continues to preside over them.
Both sides are contemplating legal options on how to resolve the matter.
While they do, city business hits a brick wall.
