Another lawsuit was filed over the battle to lead North Miami Beach. On Thursday, a commissioner allied with the mayor asked a judge to remove another commissioner who has not shown up to meetings.
Newly elected city commissioner Jay Chernoff filed a lawsuit asking a court to remove his fellow commissioner Michael Joseph.
Chernoff’s attorney Michael Pizzi claims Joseph is “abandoning the citizens and abandoning his responsibilities and refusing to show up.”
His lawsuit claims the city charter only allows a commissioner to miss commission meetings for 120 days in a row. Afterward, the commissioner may be removed. Chernoff and Pizzi claim as of Wednesday, Joseph meets that criteria.
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“I have not seen Michael Joseph on the dais since I’ve been back. I haven’t seen two of his colleagues on the dais either,” Chernoff said. “Hopefully this lawsuit will make Michael Joseph be removed and scare the other two to come to meetings.”
Chernoff is part of a coalition that re-gained power after his runoff election, promising to cut the pay and remove top city staff like the city manager and the city attorney, Hans Ottinot.
In December, when Mayor Anthony DeFillipo tried to remove Ottinot, his opponents made it so there were not enough commissioners present to vote. The commission has not had a quorum since.
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The city attorney and his allies argue the mayor can’t preside over the meetings because he’s violating the city charter himself by not living in North Miami Beach, claiming he lives in his Davie property with his family and not in a one-bedroom condo he told NBC 6 he lives in.
An outside attorney investigated following an ethics complaint and agreed with the mayor’s opponents. Now a lawsuit filed by the mayor and the city is moving through the court system.
With the lawsuit against Joseph, NBC 6 requested an interview with the commissioner. He did not return the request. Neither did Ottinot, whose job the new commissioners want.
There is supposed to be a commission meeting this next week. If they still don’t have enough commissioners, Chernoff and Pizzi tell NBC 6 other commissioners may be added to the lawsuit.
