As predicted, North Miami Beach Criminal Commissioner Michael Joseph has recruited outside organizations to lobby the Mayor and Commission and beg them not to boot him off the dais at tonight’s much anticipated Commission meeting.
Mayor Anthony DeFillipo and Commissioner Fortuna Smukler have told VotersOpinion that they’ve received phone calls from various individuals asking them not to enforce the City Charter. For some reason, no one has called Commissioner Jay Chernoff, and we don’t know if Commissioner Phyllis Smith has been contacted.
This morning the Haitian Lawyers Association sent an email to the Mayor and Commission, with copies to the Miami Herald and Michael Joseph’s personal PR point man, CBS Miami reporter Joe Gorchow (and no other local news media), and attached the following Letter of Support for Commissioner Joseph:
How adorable!
The Haitian Lawyers Association wants the North Miami Beach City Commission to conduct its hearing about Michael Joseph’s violation of the City Charter “in a transparent, honest and fair manner.”
In the same “transparent, honest and fair manner” in which Michael Joseph has conducted himself since he was first elected in 2018.
Which is to say not at all.
There is nothing “alleged” about the fact that Michael Joseph did not attend a Commission meeting for over 120 days.
Well, we can count and numbers don’t lie.
They are demanding that Michael’s “Due Process rights” are secured and protected.
Well, he is getting his “Due Process rights” — that’s exactly what tonight’s public hearing is all about.
They want the Mayor and Commission to “follow the rule of law and apply the facts.”
Well, the City Charter clearly spells out the “rule of law” for North Miami Beach, and the facts speak for themselves.
And, finally, in full disclosure the Haitian Lawyers Association, wants the Mayor and Commission to know that “Michael Joseph is a member” of their organization.
Yeah, well, they already knew that.
We’ve already publicly exposed that Michael stole $1,000.00 of your tax dollars on Septemer 27, 2021 to pay for his personal membership, as evidenced on his Purchasing Card (P Card) Statement for the period ending October 4, 2021.
Michael Joseph may be a Haitian lawyer, but he is not serving on the City Commission in the capacity as a lawyer, Haitian or otherwise.
In fact, because he abused his official position by using public resources for his personal benefit, he has earned the dubious honor of being under investigation by both the Miami-Dade County Commission on Ethics & Public Trust and the Florida Ethics Commission. Both investigations are current and still pending. (Copies of the complaints are available upon request.)
As an aside, three days later on September 30, 2021, Michael used his taxpayer-funded P Card to purchase $354.15 worth of “sympathy flowers” for the McGregor Family. As we reported in The contemptible “legacy” of Arthur “Duke” Sorey (Part 1),
If the name McGregor sounds familiar, it should. You will recall that Harville McGregor, a paid campaign worker of Michael’s, allegedly authored the December 20, 2022 email to City officials and media, copying them with an Ethics Complaint he allegedly filed, falsely accusing the Mayor of “hiding his residency.”
And by allegedly, we mean ghostwritten by Michael Joseph.
As it turns out, a relative of McGregor’s passed away in September of 2022, so Michael whipped out his taxpayer-funded P Card and sent flowers to the funeral — COURTESY OF NORTH MIAMI BEACH TAXPAYERS!
Apparently, Harville McGregor is not some random resident, but a member in good standing of Michael Joseph’s “Anonymous” Surrogate Army, recruited to do his dirty work for him.
We strongly suggest that you demand from Michael reimbursement of this expense (among many others), since it has absolutely no public purpose for the benefit of North Miami Beach residents.
As you can see, Michael Joseph is hardly the poster child for transparency, honesty or fairness.
But, we digress.
In response to the Haitian Lawyers Association Letter of Support for Michael Joseph, this blogger decided to show her support for the enforcement of the North Miami Beach City Charter by sending out an email reminding the Mayor and Commission of their duties and responsibilities as duly elected representatives of the City’s residents.
We included all the recipients of the Haitian Lawyers Association’s email, and then added Channel 10 reporter Glenna Milberg, City Manager Mark Antonio, City Attorney John Herin, and Special Counsel Michael Pizzi, who is currently investigating Michael Joseph’s former co-conspirators, the ex-City Manager Arthur “Duke” Sorey and the ex-City “Attorney” Hans Ottinot.
Stephanie Kienzle <stephanie.kienzle@gmail.com> Tue, May 16, 2023 at 11:54 AM
To: Anthony <Anthony.Defillipo@citynmb.com>, Jay <Jay.Chernoff@citynmb.com>, Daniela <Daniela.Jean@citynmb.com>, Fortuna <Fortuna.Smukler@citynmb.com>, McKenzie <McKenzie.Fleurimond@citynmb.com>, Phyllis <Phyllis.Smith@citynmb.com>, Michael <Michael.Joseph@citynmb.com>, “Cc: rhabersham@miamiherald.com” <rhabersham@miamiherald.com>, “jgorchow@cbs.com” <jgorchow@cbs.com>, Haitian Lawyers Association <info@haitianlawyersassociation.org>, “Milberg, Glenna” <gmilberg@wplg.com>, Mark Antonio <mark.antonio@citynmb.com>, John Herin <jherin@foxrothschild.com>, Michael Pizzi <mpizzi@pizzilaw.com>
DEFILLIPO <kadefillipo@gmail.com>
Dear Mayor and Commission,
Commissioner Michael Joseph did not attend meetings of the city commission for more than 120 days until he was forced by a March 5, 2023 Court Order to do the job he was elected to do. Prior to the March 21, 2023 meeting, the last meeting he had attended was on October 18, 2022.
Let me remind you that Article II, Sec. 2.4 of your City Charter states, “The City Commission shall hold at least 11 regular monthly meetings in each calendar year, at such times and places as the City Commission may prescribe by a Resolution adopted by November 1, of each year establishing the schedule and number of Council meetings for the following calendar year.”
A copy of said Resolution No. R2022-153 setting the dates for Commission meetings for the calendar year 2023 is attached for your reference.
According to Article II, Sec. 2.5 of your City Charter, ” A quorum of the City Commission at any regular or special meeting shall consist of five members. Except as otherwise provided herein, the affirmative vote of a majority of the quorum present shall be required upon any matter submitted for consideration of the Commission. If any Commissioner has failed to attend a meeting of the City Commission for a period of one hundred and twenty (120) days, the seat of such Commissioner shall automatically become vacant.”
Let me remind you that according to your City Charter, a “meeting of the City Commission” is one that is properly noticed in accordance with your City Charter, and one that is attended by a quorum of the elected officials. A workshop hastily called by a Commissioner and attended by only two members is not considered a “meeting of the City Commission.”
And, finally, let me remind all of you that in accordance with Article I, Sec. 1.6 of your City Charter, you took an oath of office “to support, protect and defend the Constitution and Government of the United States and of the State of Florida, and the Charter of the City of North Miami Beach,” and that you “will, well and faithfully perform the duties of” your elected office.
That being said, Michael Joseph has violated the City Charter by not attending meetings of the City Commission in excess of 120 days in violation of Article II, Sec. 2.5 of your City Charter, the consequence of which is that his seat is
automatically vacated.
Therefore, it is incumbent upon you, the elected officials of the City of North Miami Beach, to support, protect and defend the Charter of the City of North Miami Beach by ensuring that all members of the City Commission abide by the laws enumerated in your City Charter.
Regardless of your personal feelings, and regardless of the pressure being placed on you from outside individuals and organizations that do not represent the residents of the City of North Miami Beach, you are the ultimate arbiters of what constitutes a violation of your City Charter.
Michael Joseph violated that Charter and he is not above the law.
Very truly yours,
Stephanie Kienzle
The members of the Haitian Lawyers Association do not care if Michael Joseph lies, cheats, steals, or violates the Charter and the public trust. All they care about is that he’s Haitian.
We here at VotersOpinion do not care what color, nationality, or religion you are, as long as you are honest, ethical, and carry out your official duties faithfully and with integrity.
The Haitian Lawyers Association are passionately pleading with the Mayor and Commission to protect Michael Joseph from the consequences of his illegal actions based on identity politics.
We here at VotersOpinion are equally passionate about fighting public corruption and holding violators accountable for their actions.
In the case of Michael Joseph, both goals cannot be accomplished at the same time.
Our only request is that the Mayor and Commission adhere to and and enforce the laws of the City of North Miami Beach.
We sincerely hope the residents of North Miami Beach attend tonight’s Commission meeting and ask their elected officials to well and faithfully perform their duties as conferred upon them by the United States, the State of Florida, and the Charter of the City of North Miami Beach.
Popcorn is optional.
Stephanie
Not sure “it is quintessential…” is the proper use of that word.
Also, “If any Commissioner has failed to attend a meeting of the City Commission for a period of one hundred and twenty (120) days, the seat of such Commissioner shall automatically become vacant.”
The problem is he attended the meeting on 3/21 and was seated as a Commissioner. If the charter states the seat is automatically vacated, he should not have been able to sit as a Commissioner, count towards a quorum, or vote. By allowing him to be seated as a Commissioner, the Commission may have violated the Charter as well. They should have gone to a judge and ask that his seat be vacated according to the charter
There are two different lawsuits. One was filed by the Mayor to get a quorum for meetings, which is why there was a Court Order issued on March 5th. That’s the only reason he attended the meeting on the 21st.
The second lawsuit was filed on February 16, 2023, the day after Michael’s 120th absence from meetings. The Judge in that lawsuit did not remove him during the first hearing, but he knew about the Court Order. Judge Lopez did, however, say that he wanted the Commission to hold their meetings until this lawsuit played out.
From what I understand, the rulings in the two lawsuit do not negate the fact that Michael missed meetings for 120 days in a row, and that he violated the Charter.
Okay. Seems strange that if the Charter says “automatically vacated” and he’s allowed to sit and vote, any business conducted would be invalid if his vote was a deciding one. Automatic is automatic.
So is he out?
For now. He will go crying to the Judge today for a hearing, so there probably will be one by Friday or Monday. It’s anyone’s guess what the Judge will do, but they rarely rule against a decision by a legislative body. Still, anything can happen.
Assuming the judge denies Michael’s motion for an injunction, there will be a special election to fill his seat within 60 days. I also assume he will run again for his seat back because that’s what corrupt politicians do. Plus he likes free health insurance.
He had a court reporter at last night’s meeting so I’m sure there will be a hearing. We have not seen or heard the last of him. Except for the April 18th meeting where he did not say a single word all night as the City attorney’s contract was being negotiated. Being an attorney, you’d think he would have something to say.
Michael almost never speaks unless he’s triggered by something. Then he’ll turn on a dime and become full of rage one nanosecond later when his psychosis kicks in. Most of the time he stays silent and lets his spokesmouth, McKenzie, do his dirty work for him. Michael Joseph might be crazy like a fox, but he’s not an idiot. He just sits back and sics his surrogate army on his adversaries.
Speaking of his surrogate army, Lesley Kaplan is as crazy as a bedbug.