North Miami Beach fires city manager
North Miami Beach commissioners voted to fire City Manager Arthur H. Sorey III Tuesday evening, days after the city attorney resigned amid tension over questions about Mayor Anthony DeFillipo’s residency.
Commissioners voted 6-1 to fire Sorey without cause. DeFillipo was the lone no vote. On a previous vote that evening, the mayor voted to fire Sorey with cause, which would have prevented him from receiving 20 weeks of severance pay. It was the first meeting in five months with a quorum with all commissioners attending in compliance with a judge’s order.
Sorey fielded questions from commissioners about spending and was criticized for purported unprofessional behavior toward staff, a claim that he denied.
“This is all about competency and nothing but that,” DeFillipo said before the commission made its decision. “It is time that the water settles in North Miami Beach and I hope that today is that day.”
Calls to fire Sorey and then-City Attorney Hans
Ottinot were initially made during a December commission meeting in which Commissioner McKenzie Fleurimond walked off the dais before a vote could be taken.
Since then, the city has been operating without a full commission after three commissioners — Fleurimond, Daniela Jean and Michael Joseph — declined to attend the meetings over allegations that DeFillipo lives elsewhere and should not be mayor. This month, a Miami-Dade Circuit Court judge ordered all of the commissioners to attend the March meeting.
Commissioner Phyllis Smith raised concerns about spending in the procurement and finance department, allegations that Sorey interfered in the last city election, and what she described as “filthy language” and “bullying” of employees.
Sorey denied claims of unprofessionalism and called some of the comments about him “mudslinging.”
“To call into question my character, some of the comments made were very sickening,” he said before thanking residents and a few of the commissioners for their professionalism.
Commissioners unanimously appointed Mark Antonio as city manager. Antonio was city manager for Hallandale Beach for 25 years.
“I’m honored and humbled by this opportunity,” Antonio said.
Antonio said he wants to carry out the city’s vision and assess its financial health.
“I love our city. I’m blessed to be here at this point in time,” he said, with a crack in his voice. “I’m sorry to get a little emotional, but it’s a difficult time for our city. It really is.”
The commission also voted unanimously to hire John R. Herin Jr. as interim city attorney. Herin is a partner at Fox Rothschild LLP and was a city attorney for several South Florida cities, including Marathon, Doral and Tamarac. Commissioner Jay Chernoff was also voted vice mayor at the meeting.
LEGAL ISSUES
The ongoing feud between the mayor and commissioners was on full display Tuesday evening over allegations that DeFillipo does not meet residency requirements and that Joseph has not attended meetings for 120 days in violation of the city charter.
“I don’t feel comfortable sitting up here with someone who has violated the charter over 120 days,” DeFillipo said.
Chernoff has filed a lawsuit saying Joseph and Fleurimond violated the city charter because they missed meetings when they were protesting the mayor’s residency status.
Fleurimond accused DeFillipo of turning the meeting into a political show. “I believe this is not the appropriate venue to hear this issue,” Fleurimond said, adding that the mayor insisted on having concerns about his residency be handled in court. “If it’s good for you, it should be good for everyone else.”
Fleurimond and Joseph refused to leave the dais while their colleagues discussed the litigation involving them, a potential violation of Florida’s conflict-of-interest statute. No vote was taken on whether to remove Joseph from the commission.
The commission briefly discussed DeFillipo’s residency without the mayor present. Fleurimond again said it should be handled in court. “I believe that we have a responsibility to allow a judge to do that,” he said.
The next court hearing about DeFillipo’s residency will be held April 27.