North Miami Beach drops lawsuit that raised questions about the mayor’s residency
North Miami Beach commissioners voted to dismiss the city’s lawsuit against Mayor Anthony DeFillipo alleging he lived in a different town in violation of residency requirements for elected officials.
The decision Tuesday ends the monthslong legal battle over questions about DeFillipo’s residency and came a week before a scheduled court evidentiary hearing in the case.
The controversy had led to three commissioners refusing to attend meetings in protest of the mayor presiding over them and resulted in two meetings without a quorum, leaving the commission unable to conduct city business during that time.
READ MORE: North Miami Beach mayor says he lives in city, but his family moved to another town
“We are extremely pleased that the city has decided to dismiss this frivolous and politically motivated attack against a democratically elected mayor,” DeFillipo’s attorney Michael Pizzi wrote in an emailed statement to the Miami Herald. “This entire case was brought for selfish, political, and financial reasons. Truth and justice prevailed.”
The commission also voted to conduct a hearing to allow Commissioner Michael Joseph to provide testimony about his attendance at meetings. In February, Commissioner Jay Chernoff filed a lawsuit against Joseph alleging he failed to attend commission meetings for 120 days and so had automatically vacated his seat according to the city charter.
The hearing will be conducted during the commission’s May meeting.
RELATED: North Miami Beach commissioner files lawsuit to kick colleague out over attendance
City manager votes
Concerns about former city manager Arthur H. Sorey III and spending under his tenure were also discussed as commissioners voted 4-2 to rescind their previous vote to fire him without cause and instead decided to fire him with cause. Chernoff made the motion after saying he learned of “massive misspending” approved by Sorey.
The commission also voted to hire DeFillipo’s attorney, Pizzi, to investigate misspending in the city manager’s office and issue a report of the findings. McKenzie Fleurimond raised concerns about conflict of interest in hiring Pizzi, who has represented DeFillipo and Chernoff in lawsuits related to the commission.
“It doesn’t even make legal sense from my understanding. How do you represent both sides? How do you go to court and you’re suing the city and then you’re also defending the city? It just doesn’t even make legal sense,” he said from the dais.
The commission also voted to hire Biscayne Park village manager Mario Diaz as city manager. Diaz has served in his current role for two-and-a-half years and was previously chief of staff at North Bay Village.
