A fiery court hearing was held Thursday in the ongoing dispute over who governs the small city of North Miami Beach. Miami-Dade circuit court judge Valeria Manno Schurr ordered all commissioners to attend the next meeting, temporarily halting a quorum break while the mayor's residency question is worked out in court.
Judhe Manno Schurr said in court parts of the government not working for months "is the most urgent matter for the citizens of North Miami Beach.”
The NBC 6 Investigators have been following accusations over where North Miami Beach's mayor lives, as well as questions over why three commissioners have not been attending the meetings.
NORTH MIAMI BEACH DRAMA
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After a November runoff election changed the governing majority on the city commission, the city attorney hired an outside law firm to investigate where the mayor lives. They determined Mayor Anthony DeFillipo does not live in one bedroom North Miami Beach condo. Instead, they argue, he lives with his family in a $1.2 million house in Davie.
The mayor claims he does live in North Miami Beach and the accusation is a "political hit job" to retake power in the city.
Meanwhile, three commissioners - Michael Joseph, Daniela Jean, and McKenzie Fleurimond - have not attended recent commission meetings, shutting down parts of the city government in protest. They argue the mayor shouldn't be presiding over the meetings.
"Although the Judge's ruling contrasts her previous order; it is my intent to respect the courts decision and attend the next commission meeting. Most importantly; I look forward to the expedited hearings on Mr. DeFillipo's residency issue as it is the genesis of this entire matter," Commissioner Fleurimond wrote NBC 6.
Commissioners Joseph and Jean have not yet returned a request for comment. Neither has city attorney Hans Ottinot, who's job is in jeopardy as the new majority wants to remove him as soon as they have a quorum to conduct business.
Joseph wrote NBC 6 before he was not attending meetings because he "was elected to change things. Trust in our city is the biggest issue for voters. This is where I am expected to hold the line against fraud and abuse.”
DeFillipo's attorney had asked the judge to order all the commissioners to show up to meetings, with officers of the court next to them if necessary.
Judge Valerie Manno Schurr said she would grant the order, without the officers.
“He may not be living there, I agree with you. But the ultimate victims of what’s going on here are the citizens of North Miami Beach," said Judge Manno Schurr.
Manno Schurr voiced frustration that a full city commission meeting hasn't happened since October 2022, before the runoff election that changed power in the city. Judge Manny Schurr said the public comments from North Miami Beach residents made an impact on her, along with video from a December meeting when commissioner Fleurimond got up and walked out before the mayor could move to fire city attorney Ottinot.
"I am very disturbed by seeing videos of the citizens of North Miami Beach who are at attendance in a commission meeting and expect to see their city government working, and then two minutes into the meeting, commissioners get up and leave," Manno Schurr said.
Michael Pizzi, the attorney for the mayor touted the judge's decision.
"“If we shut down government every time anyone made an accusation based on politics, the entire country would cease operating. So the judge made a ruling based upon common sense," Pizzi said.
Luis Suarez, the outside lawyer hired by the city for the commissioners, said he would appeal to a higher court before the March 21st meeting.
"We appreciate the Court's upholding the law that quorum cannot be reduced. We furthe appreciate the court scheduling time to set trial. We look forward to revealing the truth in Court about Mr. DeFillipo's residence in Davie, Florida. Compliance with the residency requirements of the City Charter is paramount in terms of the rule of law."
A separate lawsuit to remove commissioner Joseph for missing more than 120-days of meetings is ongoing. The March 21st commission meeting will be the first full commission meeting in five months if the elected officials show up. The court battle over the mayor's residency continues with an expected trial the week following the March meeting.
