North Miami Beach City Commission Cleans House

The embattled North Miami Beach Mayor, whose residency is still in question, took advantage of a court-ordered quorum Tuesday night to solidify his grip on power by orchestrating a total shift in leadership on the heels of the city attorney's resignation last week.

It was a packed house under the glare of television cameras at city hall, where residents and the media poured in for anticipated fireworks following a lack of quorum that has plagued the North Miami Beach commission since December 2022 when Black commissioners started boycotting meetings on grounds that Mayor Anthony DeFillipo is living in Davie and has no legal right to preside over meetings.

So many people showed up for the regularly scheduled commission meeting on March 22 that an overflow crowd was accommodated outside the chamber with a monitor to be able to watch. Many begged for calm and a return to conducting business.

According to a published report, also in the room were the director of the Miami-Dade Commission on Ethics and Public Trust and a regional director from Gov. Ron DeSantis’s office.

With majority control of the commission, DeFillipo's group ousted Michael Joseph as vice mayor -- with a vote even Joseph endorsed -- and chose Jay Chernoff to take his place. Commissioners then proceeded to fire City Manager Arthur "Duke" Sorey III, who was hired for a four-year term on April 20, 2021, by a vote of 5-2 with Mayor DeFillipo and then Commissioner Barbara Kramer dissenting.

An earlier vote Tuesday night proffered by the mayor to fire Sorey with cause failed. Had it passed, Sorey would have been denied 20 weeks severance pay.

Tensions got so high at one point that interim City Attorney John Herin Jr. counseled commissioners to conduct themselves professionally. Herin is a former Fort Myers Beach Town Attorney who practices law in Miami at Fox Rothschild LLP and also previously served as city attorney for Marathon, Doral and Tamarac.

Sorey was asked to leave after being sacked. He thanked the citizens of North Miami Beach and defended himself against accusations of misconduct before departing. Just prior to the vote, DeFillipo -- mindful of accusations of racism in his city's government -- said, "This is all about competency and nothing but that.”

Stepping in as interim city manager is former Hallandale City Manager Mark Antonio. Antonio expressed no desire to stay on long-term. The commission will review applications for the position on a rolling basis once the job post goes up on March 24.

Sorey and former city attorney Hans Ottinot have been on the chopping block since December, when DeFillipo called for their firing and Commissioner McKenzie Fleurimond walked off the dais before a vote could be taken.

The motion to fire Sorey with cause was made by Commissioner Phyllis Smith, who also called for a forensic audit of every department to see how the city has been spending its money, particularly in procurement and finance.

This upheaval was predicted in November when returning commission veterans Chernoff and Smith won elections on an anti-corruption platform. Chernoff's defeat of incumbent Commissioner Paule Villard in a run-off immediately shifted the balance on the commission from its first Black majority achieved in 2020 back into DeFillipo's corner.

Five hours into the meeting, DeFillipo tried and failed to strip Commissioner Michael Joseph from his elected seat, claiming he’s missed 120 days of meetings in a row and violated the city charter. Joseph argued he has more time since his first missed meeting was in December. Even the new attorney could not provide clarity on when that 120-day period began. A lawsuit to settle this matter is ongoing, among others.

When asked how the city should move forward regarding the pending lawsuits, Herin advised Chernoff, Joseph and Fleurimond to temporarily leave the chambers while other commissioners discussed the lawsuit Chernoff filed to remove Joseph.

"I'm under a court order to be here so I'm not leaving until this meeting is done," said Fleurimond, raising concerns about breaking quorum. Joseph did not budge either, but Chernoff temporarily exited the room for discussion.

A trial date to resolve the mayor's residency question is also pending, but DeFillipo's pre-trial deposition is public. In it, he claims his wife and children are living in a Davie home without him, although he admits to spending as much time there as possible.

If DeFillipo is deemed to be living outside of the city, he will be in violation of the city charter and can no longer serve as mayor. He claims to be living alone in a North Miami Beach condominium.

At an early morning hearing, Wednesday, March 23, the lawyer defending the city withdrew to allow Herin to step in. Herin was given 30 days to discuss with the commission whether they plan to uphold their claim against DeFillipo.

The Miami-Dade State Attorney's office is investigating the mayor for potential voter fraud.