A circuit court judge has ordered the city of North Miami Beach to absorb Commissioner Michael Joseph’s nearly $50,000 in legal fees spent defending a lawsuit filed by Commissioner Jay Chernoff last year to unseat him.
“Justice prevailed. The court agreed that my protest was justified,” said Joseph. “I was sued to pressure me to turn a blind eye and stop my protest over a cover-up of illegal activities in the city. This cover-up was a fraud on taxpayers and caused a lot of division in our community.”
(Samantha Morell for Biscayne Times)
North Miami Beach Commissioner Michael Joseph during a city commission meeting at the height of his legal troubles last summer.
Chernoff’s lawsuit came after the city’s former mayor, Anthony DeFillipo, faced accusations of living outside city limits, an allegation the charter says would disqualify him from the mayoral position. The embattled DeFillipo was arrested in May 2023 and charged with three felony counts of voting in North Miami Beach though he had relocated to a new residence in Davie, according to the Miami-Dade State Attorney’s Office.
Concerns over the mayor’s residency prompted an ongoing absence of at least two commissioners –Joseph and McKenzie Fleurimond – ultimately breaking quorum and gaining backlash from city residents who demanded the city’s business move forward despite the allegations against DeFillipo, who maintained he was innocent.
(Samantha Morell for The Biscaybe Times)
Commissioner Jay Chernoff's failed lawsuit to try to force fellow commissioner Michael Joseph out of office has resulted in a court order for the city of North Miami Beach to reimburse Joseph for his legal fees by March 31.
Then Chernoff, as acting mayor, sought a court order for Joseph to vacate his seat for allegedly missing more than 120 meetings, an absence threshold the city charter states would automatically result in the forfeiture of a commission seat.
Judge Peter Lopez reinstated Joseph in June, stating he had not violated the 120-day rule, after the commission voted 3 -1 to have Joseph removed.
The commission unanimously approved Joseph’s reimbursement for legal fees at a city commission meeting last week, one day after the court ruling.
(MDCR)
Former North Miami Beach Mayor Anthony DeFillipo was criminally charged with voter fraud in May 2023.
“The Court finds that Defendant Commissioner Michael Joseph’s litigation of this matter arose out of or in connection with the performance of his official duties and served a public purpose,” read the ruling, indicating that Joseph should have received the funds by no later than March 31.
“Do I feel vindicated? Yes,” Joseph told The Miami Times. “Do I feel it was the right thing to do? Yes. Is it worth it? Time will tell, but I hope it was. This has been a difficult road for me and my family. My reputation as well as my health suffered under the constant harassment by supporters of the former mayor.”
Joseph reportedly suffered a heart attack last year.
He said the city can now move forward after the string of lawsuits and countersuits but not without acknowledging the hefty legal bill taxpayers will assume.
According to information obtained through a Miami Times public records request, between court battles over DeFillipo’s residency and mayoral status and Joseph and Fleurimond’s commission meeting absences, the city incurred legal fees in excess of $236,600.
“It’s time to turn the page, but it should be done in full transparency, and the taxpayers have to be compensated,” said Joseph, explaining that DeFillipo and his supporters on the commission should be made responsible for repaying the city and its taxpayers.
(Courtesy of North Miami Beach)
A chart depicts fees for litigation and investigations into former North Miami Beach Mayor Anthony DeFillipo’s residency and the removal of Commissioner Michael Joseph from office.