MIAMI – On Friday night time, the town of North Miami Seashore acquired a authorized opinion from an out of doors legal professional saying Mayor Anthony DeFillipo has “robotically vacated” his seat by not residing in North Miami Seashore, one of many necessities to carry workplace within the metropolis.
There’s a authorized battle underway, as some query whether or not the mayor ought to be capable of preserve his job.
CBS4’s Joe Gorchow spoke to the mayor’s legal professional on Friday night.
CBS4 solely obtained the memo despatched hours in the past to metropolis commissioners. It alleges the mayor has been dwelling in Davie since final 12 months.
The mayor vehemently refutes the allegations and can problem the findings.
His lawyer calls the claims slanderous.
“It is a politically contrived witch hunt by political opponents.”
Mayor Anthony DeFillipo’s legal professional Michael Pizzi slammed the 43-page memo launched Friday night time and solely obtained by CBS4.
Town employed an out of doors legal professional, Luis Suarez, to analyze the matter. His findings state the mayor didn’t “regularly keep a “bona fide” residence in North Miami Seashore, an ‘computerized emptiness’ of the workplace of mayor has occurred by operation of regulation. It will certainly belie logic to conclude in any other case.”
The memo additionally states the mayor voted improperly. After combing via voting data, our investigation discovered DeFillipo voted thrice in 2022 from a North Miami Seashore dwelling he offered in 2021.
“The mayor violated no election legal guidelines. The mayor, always, had a proper to vote within the metropolis wherein he has lived in for 40 years.”
Taking a look at extra paperwork, we discovered DeFillipo re-registered his voting deal with final month in a distinct North Miami Seashore precinct. The brand new house is a rental within the Japanese Shores neighborhood.
DeFillipo has a spouse and two kids.
Gorchow asks, “The place is the mayor spending most of his time? Is he dwelling in that 830-square-foot rental?
“Sure. He is dwelling on the location that is on his public data. He is there proper now. It is his everlasting residence.”
Our investigation and the memo deliver that into query. His lawyer didn’t say the place his household lives. We searched property data and noticed DeFillipo bought a 1.2 million greenback dwelling in Davie final July.
The memo cites a personal investigation of pictures and video claiming the mayor was dwelling primarily together with his household in Davie and never on the rental.
“What number of days every week does he avoid his household to reside in North Miami Seashore?” asks Gorchow.
“It is actually unhappy, together with individuals who could have a monetary self-interest, political opponents, following round a public servant attempting to comply with their household. It is disgusting,” Pizzi mentioned.
Based mostly on the memo’s findings, the town legal professional, in a letter to commissioners Friday night time, recommends “a Particular Metropolis Fee assembly be held to debate how the emptiness will probably be stuffed.”
“Our metropolis legal professional has concurred with the authorized opinion. Now we have an obligation to behave on that discovering.” “Town has to proceed doing enterprise, and the six commissioners are prepared to try this enterprise,” Commissioner McKenzie Fleurimond mentioned.
And try this enterprise with out DeFillipo because the mayor.
Gorchow spoke with Commissioner Fleurimond, who says they are going to abide by the authorized opinion to permit due course of. He believes the suitable place for DeFillipo to problem the discovering is within the courtroom system.
DeFillipo’s legal professionals intend to reply and combat the opinion from the town that he longer lives in North Miami Seashore and has vacated his seat.
