At a special meeting of the North Miami Beach city council called for the sole purpose of passing a single piece of time-critical legislation, Faux Councilwman Phyllis Smith deliberately inconvenienced everyone in the room by breezing in nearly fifteen minutes late.
If that wasn’t rude enough, she obnoxiously said, “If I couldn’t get back here, you would have had no choice but to wait.”
In what was an obvious preplanned and calculated move, Phyllis then feigned indignation at an imaginary slight, stalked off the dais, and left the entire city in a lurch with critical legislation needing to be passed.
Phyllis exclaimed as she walked out, “Well, then I’ll leave because you don’t need me!”
Well, at least she got that one right.
No sane person needs – or wants – to be in the same room as Phyllis. In fact, everyone in North Miami Beach would be jumping for joy if she’d just go away.
But, in order to have a quorum for a meeting, the council needs a fifth body – a seat filler if you will – to be present on the dais. Phyllis is that seat filler.
Unfortunately, even though she has absolutely nothing of value to say, she still insists on talking.
While it’s illegal to duct tape her mouth shut, at least now there will be a way to duct tape her ass to that seat.
Figuratively speaking, of course.
Tired of being held hostage by a colleague who deliberately breaks quorum during critical times, Councilwoman Barbara Kramer finally had enough of Phyllis Smith’s temper tantrums on the dais. As such, she is sponsoring Ordinance No. 2016-9, Quorum Required/Ethical Duty to Remain at City Council Meetings.
This Ordinance, scheduled for the first reading at the council meeting on Tuesday, September 6, 2016, notes that Florida Statute 285.012, Voting requirement at meeting of governmental bodies, “specifically provides that members of governmental bodies are required to perform their responsibilities by participating in decisions to be made by such bodies.”
Furthermore, the proposed Ordinance also states that “allowing without restriction a City Councilmember to leave Council meetings prior to its completion of business effectively grants to such Councilmember the means of frustrating official action by merely refusing to remain at a Council meeting, which actions the City Council deems to be inconsistent with a Councilmember’s official duties and contrary to the Oath of Office as stated in Section 8 of the City Charter (“…to well and faithfully perform… their duties…”).”
The Ordinance continues, “within the past several months, certain Councilmembers have left Council meetings before the Council’s completion of agenda items, necessitating either the postponement and rescheduling of time-sensitive items for future Council meetings or the need for meeting adjournment pending the Council’s ability to obtain a quorum, both situations serving to obstruct and impede good, responsive government in the City of North Miami Beach.”
Of course, the proposed Ordinance does allow for a council member to temporarily leave the Council Chambers for such things as “restroom or other temporary personal breaks,” or during a portion of a meeting that a council member has a voting conflict. The Ordinance also provides for emergencies; however, in the event of such emergency, the council member has to state of record “the basis of such emergency” before he or she is permitted to leave the Chambers.
Should any council member violate this Ordinance once it has been made a part of the City Code, he or she will have to answer to the Miami-Dade County Commission on Ethics and Public Trust, which will then be empowered to enforce this Ordinance.
Most importantly, the Ordinance specifically states that “the validity of any action or determination of the City Council shall not be affected by the failure of any Councilmember to comply with the provisions herein.”
This is important because if Phyllis Smith (or any other Councilmember who breaks quorum by stalking off the dais) thinks she can merely walk out when an important piece of legislation is on the table, and then try to claim that the legislation isn’t valid after the remaining Councilmembers vote to have it passed, she will be sadly mistaken.
If this Ordinance passes, and Phyllis violates the new law, there will be consequences. The Ethics Commission will then be empowered to enforce the provisions of the law and “impose any penalty authorized by County Code pertaining to violations of municipal ethics laws.”
That penalty will most likely be in the form of a fine. We can also assume that repeated violations will result in more than just a fine, and could possibly result in either the city or the Ethics Commission requesting the Governor to remove her from office for dereliction of duty.
Unfortunately, there are no laws preventing Phyllis from spewing her insane, incomprehensible, and long-winded rants.
You simply cannot fix stupid.
Or, as in Phyllis’ case, stop it from talking.
However, this Ordinance will help ensure a quorum for council meetings, and will at least prevent Phyllis from willfully interfering with official city business.
Another solution to the Phyllis problem will be addressed on the November ballot. One of the proposed charter amendments will include changing a council quorum from five to four members. This makes perfect sense. Since a simple majority of four members are required to pass legislation anyway, there is no logical reason why the council would need a super majority of five to constitute a quorum.
In the meantime, the city’s only opportunity to prevent Phyllis, or any other offender (such as Frantz Pierre, who frequently goes MIA), from disrupting official city business again is for the Mayor and Council to enact Ordinance 2016-9.
Unfortunately, the city council does not have the power to remove elected officials for any reason whatsoever, no matter how badly they behave. Only the Governor has the power to suspend or remove officials from office under Florida Statute 112.51.
It’s just too bad that, short of duct taping her lips together, nothing will stop her from bloviating.
But, as far as keeping her behavior in check, this Ordinance is a good start.
I strongly urge the residents of North Miami Beach to attend Tuesday night’s council meeting and speak at public comment. They need to let their Mayor and Council know that they are fed up with with Phyllis Smith’s ridiculous, self-centered and childish behavior. The only way to put a stop to her despicable antics is for them to pass this much needed Ordinance.
Stephanie
Unfortunately, The Mayor and Council have enacted a policy of not attacking any single councilperson at public comment, so we cannot attack her, Pierre, or Siegel for walking out the past few months causing this to happen. If we do, we are subject to removal from the Council Chambers for the rest of the meeting.
I remember Mr. Kazan has been warned on numerous occasions in the past for this as well as someone else who actually was removed when he verbally attacked Spiegel a few years back because she represented a foe of his in legal proceedings.
I find it appalling that we have a council member who shows up late for the meeting, and then leaves early after the legislation this person wants to comment on is voted on. This needs to stop as well. If a member is not present at the beginning of the meeting, it should be announced to the public why that member is not present (if excused) or face sanctions.
There is a difference between personally attacking a specific council person and voicing general disapproval for their actions. Everyone knows that Phyllis takes extreme advantage of her ridiculous “civility ordinance” by pulling it out whenever anyone tries to criticize her. Yet, as you can see, her behavior has been anything but civil.
Mr. Kazan, however, does cross the line on many occasions. He does not stop at criticizing the actions of an elected official, but he has been known of falsely accusing them of imaginary crimes from the podium (as well as in emails that he distributes). Unfortunately, he has not mastered the fine art of diplomacy.
Then again, after what Phyllis has pulled, she does not deserve any diplomacy. Or anyone’s respect, for that matter.
In the case of this Ordinance, you probably should not count on Kazan’s support. He’s still pissed off at the privatization of the sanitation department, despite the fact that it’s working out even better than expected. He will NEVER admit he was wrong. In fact, he supported Phyllis and her fellow criminal, Frantz Pierre, because of their promise not to vote for privatization. Pierre stuck to his guns, but Phyllis ended up voting for it and betrayed every single one of her supporters, including Kazan. You might want to ask him how he feels about her now?
Just saying.
Frankly, however, I cannot see how anyone can defend her recent actions. If it weren’t for Tony leaving his sick bed to vote on the health insurance legislation, the employees would have been screwed out of coverage, and the residents would have seen $250,000 of their tax dollars flushed down the toilet. All thanks to Phyllis Smith.
I hope everyone in North Miami Beach finally sees what most of us have known for years. She is a duplicitous and despicable excuse of a human being if ever there was one. She and Frantzie really are two peas in a pod.
I also agree with you that there should be sanctions if a council person shows up late. Frantz is infamous for doing just that, and now Phyllis has followed suit.
Its hard to top what you have described in your blog or your readers comments. Not only is Phylis Smith a despicable person, she’s an inconsiderate, self-centered, egotisticle, bird-brained idiot. The City Council should also pass legislation that charges Councilmembers who walk off the dais and break quorum the cost of rescheduling the make-up meeting. If Phylis Smith goes all the way to Montana to register her cars and trucks to avoid paying florida Sales Tax, just think how she will howl when she looks at her Council paycheck and sees a balance due. Very fitting for the backwoods, yellow-bellied sap-sucker she is.