If former North Miami mayoral candidate Kevin Burns’ contentions are correct, “winning” candidate Lucie Tondreau is in big trouble. According to an email sent out by Burns, Tondreau absolutely, positively did not qualify to run for office when she threw her hat in the ring.
In response to her “win,” Burns promptly filed suit in the Miami-Dade County Eleventh Judicial Circuit alleging that Tondreau had no business running for office in the City of North Miami and, as such, is illegally occupying the mayoral seat.
Judging by the document Lucie Coco Douce Tondreau submitted to prove her residency, it certainly appears that Kevin Burns holds the proverbial smoking gun. Hopefully, the judge will agree.
Here’s the thing. Unlike some of the self-proclaimed Experts On All Things around here, I never claimed to know everything. I do, however, know a thing or two about real estate law in general and leases in particular. Having been a paralegal for well over three decades, and having prepared literally thousands of documents relating to real estate and business during my career, I can with all confidence claim expertise in this area. As such, I know the difference between an actual Lease and something that’s not a Lease. As Burns alleges in his complaint, the document that Tondreau submitted to the North Miami Clerk’s office for the purpose of proving her residency is clearly not a Lease, but merely a Contract to Lease. A Contract to Lease simply states that the parties, in this case the “Prospective Tenant” and the “Prospective Landlord,” are agreeing to the terms of a “Proposed Lease” for the purposes of signing an actual “Lease.”
DUH!
Furthermore, if you still have any doubts that a Contract to Lease is NOT a Lease, I refer you to Page 3 of the Contract to Lease, where it states in bold letters directly above the signature lines, “This Contract is not a lease.”
DUH!
Even a non-real estate person with a low to moderate command of the English language can understand that simple concept.
The real question is why didn’t North Miami Clerk, the Hon. Michael A. Etienne, Esquire, understand that concept? Unlike yours truly, he does have a law degree. He had to have some training in real estate law in order to pass the Florida Bar. Even a lowly paralegal knows that a Contract to do something does not constitute the actual doing of it. The document Lucie submitted as proof of her residency proves absolutely nothing. Zip, zilch, nada, bupkes!
In addition, even if the Contract to Lease led to the execution of an actual Lease, the Proposed Lease Term was for the twelve month period beginning February 15, 2011 and ending on February 15, 2012. That begs the question of where Lucie actually lived from February 15, 2012 through the qualification period to run in the 2013 North Miami Election, which was from April 1, 2013 to April 9, 2013.
According to Sec. 6-78 (b) (2) of the North Miami City Charter, which states “In addition to filing the affidavit, candidates shall submit proof of residency which shall include one (1) of the following documents: voter’s registration, driver’s license, property tax receipt, homestead exemption, utility bill or lease agreement; all of which must have been in effect for at least one (1) year prior to qualifying,” there is a HUGE gap between the time Lucie’s Proposed Lease Term ended (February 15, 2012) and the beginning of the qualifying period (April 1, 2013). By HUGE, I mean a freaking FOURTEEN MONTH gap! You could drive a fleet of Mack trucks through that hole.
So… Where in the World is Lucie Douce Tondreau?
As I see it, she has provided absolutely no proof whatsoever that she lived in North Miami “at least one (1) year prior to qualifying.”
Did the Hon. Michael A. Etienne, Esquire really miss that little detail? Or did he just not think his own city’s Charter was all that important in the scheme of things? The scheme of things, of course, being that Lucie Coconut Douche Tondreau was the Chosen One to follow in the footsteps of the outgoing corruptocrat mayor Andre Pierre. Qualifications be damned.
Hopefully, the judge in this case has more respect for the North Miami City Charter than its own City Clerk does.
On August 2, 2013, the judge will hear this case and, hopefully, rule in favor of the truth. Any way you look at it, the truth is that Lucie is most likely a liar and should be removed as mayor of North Miami.
As far as the Hon. Michael A. Etienne, Esquire goes, it’s quite obvious to me that as City Clerk, he was derelict in his duties when he “qualified” Lucie to run. He should also be removed from office. As a lawyer, he should have known better. Did someone say disbarment? Just saying.
The lawlessness in North Miami has gone on far too long. It’s only hope of redemption is that the judge in this case will uphold the law and finally put a stop to the criminal element that’s been running the city. As it stands right now, North Miami is being governed by a person who had absolutely no business running for the office of mayor in the first place. Taxpaying citizens deserve better. On August 2, 2013, hopefully justice will be served.
Stephanie Kienzle
“Spreading the Wealth”
Wasn’t the Honorable (NOT) Michael A. Etienne involved in Yvenoline Dargenson’s candidacy in North Miami Beach? What does this man have to gain by putting non citizens of the city they’re running in into office? He’s not so honorable therefore he’s gotta go too. Someone needs to file a complaint to the Florida Bar.
Yes, he endorsed MIRAMAR resident Dargenson in NMB. That in itself is bizarre because he has no connection to NMB. His qualification of Tondreau to run for mayor is a major screw up. I hope the judge sees that, too.
How does the NM City Clerk respond to this? You can’t even go to camp without pulling out your FPL bill. When it’s time for people to throw their hat in the ring for Mayor of NMB, I hope our City Clerk makes them prove residency beyond a shadow of a doubt. It may be time for home visits.
How is it that our public schools send staff in the field to confirm students are actually living within the school boundaries and for something as important as a mayoral qualification, nothing was done to validate Tondreau, and the rest of the candidates at the time, were actually residing at the address they claimed to have lived in their application? How is it that something so important just slipped through the Clerks desk? Another act of deception and lawlessness from a city official in North Miami? When will some respect and integrity be restored to the City of North Miami? I hope it starts on Friday!
Given the outcomes of the other recent independent candidacy-related lawsuits filed, associated with the City of Miami and NMB, I would say that Lucie has much to worry about. I hope we are all ready for the fallout.
It’s certainly a shame that lawsuits have to be filed so that our local governments are forced to become compliant with their own rules. Just sayin”.
I have a question as a resident of North Miami, and is worry me to think what might happens if Luci “Coco Douce” Tondrau loses the case, and is remove from her position ,
Is Kevin became the New Mayor of North Miami?
Or their will be another run off election???
Mr. Burns told me that decision is entirely up to the judge. It might also depend on whether or not Dr. Joseph (the third highest vote getter) has an interest in requesting a special election, which would cost the city upwards of $100,000.00. This whole mess was a costly venture with little regard for the taxpayers of North Miami. You can thank the Circle of Corruption for that.
It’s a sad state of affairs that an election has to be repeated because the qualifications were not handled correctly in the first place. It is wrong on many levels. I hope that actions are taken on the city clerk, ultimately it was his job to make sure all the t’s were crossed. The public might be outraged the the cost of a new election, this is not Mr. Burn’s fault but lies directly in the lap of the city clerk. Looking foward to a verdict so that we can move forward in an appropriate direction.
Smith is definitely interested in a run-off election between he and Burns if Tondreau is removed from office. I would like to know if Tondreau and others in the suit if found guilty will have to pay the city back for legal fees. We should not be paying this in the first place.
Additionally, what about others whom are on the Mayoral council that have constantly been in question as to their residency? What about them? I brought this up in a city meeting and you would have thought I was speaking in a lost tongue. If many in office and on staff are originally from a different country then the mindset will not be to the benchmark of this country. We need to change the 50% +1 rule in voting here and as far as staff goes assure that it is EOE.
Very good article. I absolutely love this website. Keep it up!