Whoa, hold up. Don’t unpack those kittens just yet. Election 2016 is still not over.
The wild and crazy Miami Gardens mayoral race won’t be decided until December 6, 2016 … unless there’s a runoff, in which case there won’t be a decision until December 20, 2016.
Although an election was originally held on August 30, 2016, the results were overturned by the Florida Supreme Court due to a lawsuit filed by disqualified candidate, James Wright. Incumbent Mayor Oliver Gilbert, who received 69% of the vote, now has to face three challengers in a do-over election.
Despite Luther “Uncle Luke” Campbell’s complaints that this race was one of South Florida’s “black elections” that the “white media” won’t cover, the Miami Herald has given this race lots and lots of ink. Herald reporter Lance Dixon has extensively covered the Miami Gardens election, publishing articles on June 30, 2016, August 4, 2016, August 30, 2016, September 15, 2016, September 19, 2016, and October 4, 2016, among others. Other local media, such as the Miami New Times, South Florida Times, Blogging Black Miami, as well as local television stations, have been reporting on the bizarre ongoing election saga in Miami Gardens.
In his blog, The Luke Record, Luther Campbell also wrote, “Wright, who was fired from Opa-Locka in 2008 amid allegations he sexually harassed subordinates, is trying to get back in the race after being disqualified by a judge.”
Former Opa-locka Police Chief James B. Wright filed to run for mayor of Miami Gardens on June 1, 2016, the day before the end of the week-long qualifying period. Two weeks later, his check for the qualifying fee was returned by his bank because it could not locate his newly opened account. On June 20, 2016, he replaced the returned check with a cashier’s check, but the Miami Gardens clerk notified him that he was disqualified from the race.
In turn, Wright sued the city and its clerk, Ronetta Taylor, claiming that his check “was never even presented to his bank for payment,” according to the Herald. His lawsuit was dismissed by the circuit court, so he appealed to the Third District Court, arguing that “the statute used to disqualify him was too ambiguous.” The appellate court rightly upheld the lower court’s decision, and wrote, “We recognize the statute produces a harsh result in this case. When an unambiguous statute plainly requires a particular result, though, courts are powerless to fashion a different result under the auspices of fairness.”
Wright’s last resort was to file an appeal with the Florida Supreme Court. In a surprise decision, the Supremes noted that Florida Statute 99.061(7)(a)1. which automatically disqualifies a candidate for non-payment of the fee, clearly applied to James Wright, yet ruled in his favor anyway, arguing that the statute is an “unreasonable and unnecessary restriction on the elective process.”
The statute states that if “a candidate’s check is returned by the bank for any reason,” and a replacement cashier’s check is not received by the clerk’s office before the end of the qualifying period, the candidate is disqualified from running for office. “Failure to pay the fee as provided in this subparagraph shall disqualify the candidate.”
Despite their own rejection of Wright’s arguments that the statute was vague, and despite their recognition of “the financial and logistical hardship the ruling might place on the city, the state Legislature, the Miami-Dade elections department and the other candidates,” as they noted in their own Florida Supreme Court (FLASC) Blog, the Justices overturned the lower court’s ruling – as well as the August 30th election results.
The lone dissenting Justice opined that “the court can’t rewrite statutes because they deem them unnecessary, unreasonable and arbitrary.”
Nevertheless, the remaining six Justices ruled to reinstate Wright as a legitimate candidate and ordered a new election, which is projected to cost Miami Gardens taxpayers approximately $200,000.00. This unforeseen, and completely unexpected, financial blow forced the Miami Gardens city council to revise its 2017 budget.
Miami Gardens taxpayers must be thrilled.
Not to mention the three city employees whose jobs have been cut from the budget in order to cover this unnecessary expense.
The city’s attorney, J.C. Planas rightly noted that the decision set a dangerous precedent by overturning an election, which amounted to nothing more than a power grab by the Florida Supreme Court.
Unfortunately, legislating from the bench seems to be a trend these days, even though it’s clearly an abuse of power by the judicial branch of government.
In the meantime, however, Miami Gardens voters should use the next two weeks to do their own research and educate themselves about the mayoral candidates.
They should also beware of the shady character responsible for this election fiasco – James Wright.
On January 31, 2008, the Miami New Times wrote about the former Opa-locka Police Chief in Opa-Locka Boots the Boss:
“Wright, who under a lucrative contract was hired two years ago to help turn around a town mired in crime and sinking fast, was fired last week by City Manager Jannie Beverly. In his wake he leaves a shrunken and demoralized Opa-locka Police force and a town whose woes are compounded by a series of complaints that surfaced near the end of Wright’s tenure.
The police department in this 4.2-square-mile town has been steadily deteriorating for 20 years, shrinking from nearly 50 cops to a strained force of 16 patrol officers. Internal city memos and personnel complaints obtained by New Times reveal an agency rife with controversy.
It began this past November with a complaint. By the end of 2007, five employees had accused Wright of vindictive, bizarre, and lascivious behavior, including repeated sexual advances that, when spurned, resulted in “pressure,” “retaliation,” and “intimidation.” Wright had trouble retaining new hires. Records show the abysmal staffing levels have resulted in as few as two officers patrolling all of Opa-locka during certain soul-sucking 12-hour shifts.”
The article also details several sexual harassment claims filed against the then-Chief of Police James Wright, including one that “was found to have merit” (for which he received probation). In addition to telling that female officer that he would “jack her up,” he was also reprimanded for addressing her as “honey,” “darling,” and “babe” against her wishes.
His ex-wife also filed for divorce, “accusing him of carrying on a number of ‘intimate and/or sexual relationships’ with female cops and police employees, two of whom worked for the City of Opa-locka.” Wright, of course, denied the accusations.
Wright’s former executive secretary, Natalie Buissereth (currently a North Miami Police Officer), also complained of his inappropriate behavior, as did two other female officers who accused him of insinuating that he gave promotions to other officers who accommodated him, and retaliated against those who refused his advances.
Wright, of course, denied all the allegations, claiming he was being set up.
His protestations did not impress the Opa-locka city manager, however, who promptly fired him, thus ending James Wright’s twenty three year career in law enforcement. His police certification expired a year later on June 30, 2009.
But, wait. There’s more!
An October 16, 2016 Miami Times article entitled, Is $200 in rent costing the city $200,000 for a new election?, reported that James Wright doesn’t even live in Miami Gardens!
Based on the public records that reporter Janey Tate dug up, it certainly appears that James Wright is just one of the many South Florida carpetbaggers who cross city lines to run for office.
According to the article, Wright pays his mother $200.00 per month to rent a bedroom in her Miami Gardens home, but he actually owns a residential property in Country Club of Miami, for which he has claimed a homestead exemption every year since he first purchased it in 2010.
(Note: My own search of the public records revealed that this home is located within the City of Hialeah, and that James B. Wright is still the owner of this property.)
The Miami Times article also reported that James Wright holds two mortgages on his homesteaded property, one of them being an FHA loan that requires the home to be owner- occupied. The IRS also filed a lien against his home for his failure to pay taxes in the amount of $33,839. In addition, the article reported that a landline located at that home is registered to James Wright. And finally, Wright formed a limited liability company in 2014 using his home address in Hialeah (a/k/a Country Club), Florida.
For the record, I have never met, corresponded with or spoken to Oliver Gilbert. I did speak with several Miami Gardens residents, who told me they are perfectly satisfied with Gilbert as their mayor. More importantly, they all agreed that there’s never been a hint of corruption in the city under his leadership.
By August 30th, the date of the first election, Oliver Gilbert had raised $150,000.00 in campaign contributions. His challengers at the time, former Miami Gardens councilman Ulysses Harvard and political newcomer Clara Johnson, only raised a combined $7,504.00.
I was advised that James Wright has raised approximately $14,000.00, most of which was probably spent on legal fees so he could compete for a job that pays $42,000.00 a year.
Then again, with that $33,839 IRS tax lien looming over his head, he obviously needs the money. He can’t afford to be picky.
In the final analysis, Miami Gardens mayoral candidate James Wright is a man of dubious character, who most likely doesn’t even live in the city, and who is now benefiting from a questionable decision handed down by the Flori-DUH Supreme Court Justices, who apparently forgot that they’re supposed to adjudicate, not legislate.
In my humble opinion, of course.
Between having to endure an overturned election, an endless campaign season, and a $200,000.00 waste of taxpayer funds, weary Miami Gardens voters now have the “privilege” of choosing their mayor – for the second time this year.
PLEASE VOTE RESPONSIBLY!
Stephanie
This article is just another reason why people who live in the unincorporated areas of Miami-Dade County should stay unincorporated. Why would anyone in their right mind vote to become a city and set themselves up for characters like James Wright or former Opa-Locka city manager Chiverton to be involved in their lives. As a Miami-Dade County resident, I don’t have to ever be concerned about reading any article about a crooked city manager, police chief, councilperson, or other local city employee being arrested or accused of malfeasance.
The farther away government is from you, the better off you are. I like the fact that County Hall is over 20 miles away from where I live.
Pretty sad commentary on how things never change for the better in these make-believe, worthless cities. A political position in these shitholes seems to be the career of last resort. Wright appears to have burned every bridge in a checkered career marked by controversy and unethical behavior. Since no one would probably hire him now and since he obviously can’t manage his money…he’s left with the only career choice that makes sense to him…a political one…where the taxpayers and Miami Gardens will once again be the losers!
Wright is not the only former police officer who has been forced to resign or retire from law enforcement, whose only recourse is to run for office or find some other public sector position in order to stay relevant.
North Miami Police Department’s civilian “police administrator” Jorge Manressa is one of them. Although he lost his certification in 2005 (due to alleged retirement from the Miami Police Department after a major scandal that involved his arrest), he now sponges off North Miami taxpayers, with a take-home car no less, as a glorified budget dude.
As if North Miami doesn’t have enough problems to resolve from previous administrations, I hear they have recently hired yet another former Miami police officer in a civilian position, whose shady background kept him from getting a job as a cop in at least one other city.
I’m sensing a pattern.