NBC 6 investigator Phil Prazan has more on this ongoing court battle.
A Miami-Dade Circuit Court judge held off on deciding if North Miami Beach Vice Mayor Michael Joseph should be removed from office over his attendance at commission meetings.
In a lawsuit filed earlier this year, Commissioner Jay Chernoff argued Joseph vacated his seat because he has skipped 120 days in a row – a violation of the city charter.
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"It does not say if you miss three meetings or two meetings or four meetings. The city charter is very unambiguous," said Michael Pizzi, who is representing Chernoff.
Joseph’s attorney said he hasn’t, starting the clock at the first meeting he says he missed in December.
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"This motion is dead on arrival and must be denied before we even get to taking of testimony," said Ben Brodsky, Joseph's attorney.
A court battle looking into whether North Miami Beach Mayor Anthony DeFillipo lives in the city is ongoing, and three commissioners – Joseph, Daniella Jean and McKenzie Fleurimond — have skipped commission meetings, arguing the mayor doesn’t have the power to preside.
Chernoff was elected last year in a runoff election, changing the governing majority in the city.
"You’re sworn to the seat. You should show up," Chernoff said.
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On Wednesday, Judge Peter Lopez denied removing Joseph immediately and said he will set a hearing in April or May to rule on the matter. He says he will consider whether Joseph shows up to the next commission meeting in March.
"The charter is pretty clear on its face," Lopez said. "You’re absent or AWOL four months in a row, you vacated your seat.”
"This was all a sideshow just to make me the main antagonist of this whole charade that’s being caused by the mayor," Joseph said.
Joseph told NBC 6 he plans to attend the March meeting, where a quorum will likely mean the new majority will vote to fire City Attorney Hans Ottinot, who’s advising the commissioners who’ve missed meetings and leading the court battle against the mayor over his residency.
“I got justice today. I’m still waiting for the former mayor to get his justice,” Joseph said, referring to Mayor DeFillipo.
Commissioner McKenzie Fleurimond told NBC 6 Wednesday he will also attend the next commission meeting. Commissioner Daniela Jean said she’s planning to go too.
In a court deposition, DeFilippo insisted he lives in North Miami Beach but told attorneys his family has been living in Broward.
The next hearing on that case is set three days after the next commission meeting.
EDITOR’S NOTE: This story was updated to include Commissioner Daniela Jean’s response, which was provided a day after the story aired.
