Miami Beach commissioner running for re-election sues city challenging term-limits law
Miami Beach Commissioner Michael Góngora has filed a lawsuit against the city challenging a 2014 voter referendum that limits a commissioner’s time in office to two complete terms.
Góngora, who announced in June he is running for a third full term as commissioner, is asking a Miami-Dade Circuit judge to declare him eligible to run for re-election after the city said he could not legally run for commission again.
Góngora argued in his July 9 lawsuit that he should be eligible to run for re-election because the city adopted the referendum after his first term in office and the ballot question was not meant to be applied retroactively. The lawsuit says the title and summary of the referendum misled voters because they did not explicitly state the new term limits would be applied retroactively.
“It is my understanding that the 2014 charter amendment was neither presented nor adopted properly and it is being misinterpreted,” Góngora said in a statement Friday. “The matter is in Court to be determined by a Judge and not through the media or by speculation.”
The city charter, which was amended in 2014, says the “lifetime term limit for Miami Beach Commissioners shall be two four-year terms and the lifetime term limit for Miami Beach Mayor shall be three two-year terms respectively, measured retroactively from their first elections...”
Miami Beach to defend its charter
Miami Beach Acting City Attorney Rafael Paz said Friday that the city would defend its charter and seek to fast-track the legal proceedings ahead of the September qualifying period before the Nov. 2 election.
He said the referendum, which passed with 71% of the vote, was “lawfully adopted and approved.” Paz has previously said he would instruct the city clerk to reject Góngora’s qualifying paperwork, which is a requirement to appear on the ballot.
“The city intends to vigorously defend its charter, and is prepared to expedite the litigation so that a decision can be reached prior to the close of the candidate qualifying period in early September,” Paz wrote in a statement Friday. “The candidates and the city’s voters deserve certainty, as nobody wants a legal cloud over an election.”
Juan-Carlos Planas, a Miami election attorney, said he believes the referendum was poorly written but does not think Góngora will succeed in the legal challenge because he filed his lawsuit too long after the referendum was passed. Planas, who is representing Miami Beach Commissioner Mark Samuelian in his re-election campaign for a different race, said Góngora asked him for his personal opinion on the matter but is not representing Góngora in the case.
“I’ve been very honest with him that I don’t think he has a case,” Planas said Friday.
Góngora was first elected to the commission in 2006, winning a special election. He served one year in office before losing his seat in 2007. He was again elected in 2009, this time to a full four-year term, before losing a bid for mayor in 2013. He then won a second four-year term in 2017.
Four other candidates — Michael Barrineau, Melissa Beattie, Greg Branch and Stephen Cohen — have filed to run for Góngora’s seat.
Góngora said he chose to run for re-election after neighborhood association leaders reached out to him urging that he stay on the commission.
“We are moving forward with our campaign focusing on public safety, traffic and cleanliness of our city and waters,” he said in his statement. “I look forward to working hard to ensure our buildings are safe for all of us who call Miami Beach home. Once elected again, I will do everything possible to keep our city and residents safe. My family and I appreciate the huge showing of financial, verbal and written support and endorsements in the first few weeks since filing for re-election.”
