Breaking: Michael Joseph granted Emergency Temporary Injunctive Relief to remain a Commissioner “until further order.”

This afternoon the Honorable Peter R. Lopez issued an Order on Commissioner Michael Joseph’s Renewed Verified Emergency Motion for Temporary Injunctive Relief.

According to the Order, Michael Joseph is permitted to function “as a duly elected City of North Miami Beach Commissioner,” and that there will be no special election to replace him “pending the disposition of this case.”

The Judge opined that “there is a substantial likelihood of success on the merits by Commissioner Joseph,” based on his belief that:

  1. There was no quorum present when the City Commission vote took place;
  2. The City Commission “does not does not have the power or authority to vote to expel members from the City Commission” even though the City Charter “provides that vacancy is automatic, and there is no indication in Section 2.5 that an alleged vacancy requires, or allows, a vote or any action by the Commission.”  He further noted , “In other words, according to the City, the Commission’s vote did not remove Joseph from office because his removal was automatic.”
  3. Judge Lopez also believed that Michael’s 120-day absence from Commission meetings began on the date of his first missed meeting, according to the so-called “Pierre precedent.”

His Honor closed by stating, “This order is without prejudice to any final decision to be entered in this matter,” and that “Commissioner Joseph is to post a $1,000.00 bond in due course.”

Since this lawsuit was filed, we have cautioned about the possibility that Michael Joseph would not be removed from the Commission, at least not by a Judge.  Assuming his temporary reinstatement does become permanent at the final outcome of this case, which is still pending, North Miami Beach voters have the power to finish the job on November 5, 2024.

We can unequivocally tell you that Judge Lopez’s Order had absolutely nothing to do with:

  • The Mayor’s arrest or subsequent suspension from office.
  • Michael’s dereliction of duty by not attending Commission meetings for five months while still accepting a taxpayer-funded paycheck.  At a salary of $51,520.00 a year, or $4,293.34 a month, he collected a grand total of $21,466.67 while refusing to do the job he was elected to do.
  • The color of his skin, despite all the racist Miami Times articles that would have you believe that black public officials are above the law.

Now that Michael Joseph’s official position has been restored, albeit temporarily, it will be interesting to see if he miraculously recovers from his alleged “health issues,” and how quickly he resumes his usual and customary abuse of public resources for his own personal benefit.

We suspect it won’t be long.

Stephanie

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10 thoughts on “Breaking: Michael Joseph granted Emergency Temporary Injunctive Relief to remain a Commissioner “until further order.”

  1. Unless disputed, I believe NMB now hold the record for most consecutive Mayors removed from office. Three in a row… And the City wants to annex the Sunray West. No wonder the unincorporated area continues to refuse joining such a corrupt city.

    1. This is the only Mayor actually suspended from office. Myron Rosner was arrested after he was voted out of office. George Vallejo resigned as part of a questionable plea deal. And Mayor DeFillipo was suspended by the Governor, who had no choice since he must suspend any elected official charged with a felony.

      In 2009, Miami Commissioner Michelle Spence-Jones was removed by then-Governor Charlie Crist after Katherine Fernandez Rundle charged her with felony grand theft. In 2011, after being cleared of all charges, Ms. Spence-Jones was reinstated to her seat.

      In 2017, Hallandale Beach Mayor Joy Cooper was arrested for accepting illegal campaign contributions. Then-Governor Rick Scott suspended her from office. Ms. Cooper was acquitted of all charges in 2019, and was reinstated by Governor Ron DeSantis.

      Please keep in mind that an arrest does not equal guilt, and that all individuals in a criminal trial are entitled to the presumption of innocence until proven guilty in a court of law — not in the court of public opinion.

  2. Message to the anonymous moron who submitted a comment with the name “An nmb resident unfortunately:”

    It’s real easy for you to call me all kinds of silly names, including “racist” (of course), using a fake name and fake email address. Everyone’s a keyboard warrior when they don’t use their real names.

    How about you grow a pair, tell me face to face what you think of me without hiding anonymously in Michael Joseph’s surrogate army? But, you won’t because you’re nothing but a pussy.

    When you’re ready to man up, let everyone know you are and I’ll be happy to post your comments. Until then, just remember that I have more balls than you ever will and that you’re my bitch, pussy boy.

  3. It seems your columns on NMB have gotten far and few since your rants on Blacks has summized. You’re not a true news reporter as known You’re a racist blogger. You report all the news on African Americans (which is mostly) in you feeble brain of sorts. You NEVER post truths and yet no posts or memes about the Mayor NOT being the Mayor. You and your infamous mob like the Raccoon Keith should just get in your carriages and ride back to the 1920s. WE SEE YOU! I’m just venting because as usual, you won’t post facts on Kienzle fiction!!!

  4. Message to “Marsha Ambrosia:” Nice try, Lawanda Hardemon.

    By the way, Lawanda, you are the racist.

    Have a nice day.

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