Just when you thought the newly revamped North Miami Beach City Commission couldn’t do any more damage, they surprise even their biggest critics.
It’s preposterous enough three out of seven North Miami Beach Commissioners weren’t even elected to their seats by NMB voters.
It’s even more despicable that two others committed absentee ballot fraud (among other crimes) to get “re-elected.”
But what’s truly unfathomable, is that this bumbling band of bureaucrats saw nothing wrong with appointing a Vice Mayor a mere three hours after the Ethics Commission threw the book at him for exploiting his “official” position.
Once this self-installed motley crew accomplished their coup, aided and abetted by an unregistered lobbyist with a personal agenda, they proceeded to dismantle the entire foundation of a city that was finally on its way to abundant prosperity.
On June 28, 2018, a mere two weeks after they made their final appointment to fill the last unoccupied seat on the dais, the Commission proceeded to make the absolute worst decision in the city’s history by firing the City Attorney and City Manager.
The minute she was installed as the Temporary Mayor, Beth Spiegel moved to terminate City Attorney Jose Smith … because her feelz were hurtz.
Spiegel’s personal vendetta against Jose cost taxpayers $146,768.98, according to his Separation Agreement.
Once Beth set that colossal blunder in motion, Phyllis Smith just had to grab the spotlight for herself. So she moved to fire City Manager Ana Garcia for no reason other than Ana’s mere presence made her look even stupider than she already is.
The retaliatory firing of the City Manager set taxpayers back $143,469.48, according to Ms. Garcia’s negotiated Separation Agreement.
These figures do not include the bill from Marlene Quintana, Esq. of the high-powered, and high-priced, law firm of Gray Robinson, PA., for which we have made a public records request.
Also not included in those totals are the several thousand dollars spent to prepare and keep open the Commission Chambers, including lowering the A/C, paying staff overtime, and stocking the feeding trough for Phyllis, for the 40-minute special meeting held July 10, 2018.
This uncalled for and unnecessary fiasco created by the unelected seat-fillers on the dais cost taxpayers well over $300,000.00.
All because of two badly bruised egos.
And they’re not done yet.
As we predicted, there is plenty more damage they’re planning to inflict on North Miami Beach residents … beginning with tonight’s Commission meeting.
Item 8.3 on the Agenda is Resolution R2018-71 for the repeal of Resolution R2016-82, which provides due process for charter officers facing termination and affords them the courtesy of a dignified departure.
The 2016 Resolution was enacted because of “the need to recruit and retain Charter Officers [a/k/a contract employees] who exemplify the highest ethical and professional standards.” In order to do so, it was imperative that the elected officials recognize the importance of treating their contract employees with respect.
While charter Charter Officers are “at-will employees” and can be terminated at any time without cause, Resolution R2016-82 recognizes the need to “carefully consider a motion for removal” before doing so. The Resolution also provides the employee “a meaningful opportunity to respond.” In addition, the process must be duly noticed to the public and placed on the agenda of the next meeting “for discussion and public comment.”
And yet, this new North Miami Beach City Commission finds it so offensive to treat their employees with respect, dignity and professionalism, they intend to repeal Resolution R2016-82 to make sure that they will never “recruit and retain Charter Officers who exemplify the highest ethical and professional standards.”
Hopefully, saner minds will prevail tonight and Resolution R2018-71 will be voted down.
In the meantime, the unelected seat-fillers have done more than enough damage in the short time they’ve been occupying the dais in North Miami Beach. They have proven themselves incapable of making any critical decisions, and should refrain from doing so until election day when voters rightfully decide on their representatives at City Hall.
Thankfully, residents only have to suffer these fools for the next 112 days.
November can’t come soon enough.
Stephanie
In and of itself, the ordinance is not what keeps things civil. Civility and decorum are achievable without a law. The ordinance presumably was written so as to offer charter officers some comfort that jobs would not be lost “for cause”, together with tarnished reputations resulting from the statement of cause. Since Florida is an employment “at will” state, an employee can be laid off or terminated with no cause at all (absent discrimination or the like). When someone is dismissed “without cause” there is generally not a paper trail of unpleasantness. That is one difference between “for cause” and “without cause”. The other is that the latter would entitle a charter employee under contract to severance pay. In the end, civility has nothing to do with the ordinance. In this case, Jose will land solidly on his feet. I expect Ana will too. And the Commission will settle in to operate smoothly too. With 7 personalities up there it can be chaotic but civility is achievable.
I find it ironic that you have so much faith in this commission considering that five of them were on Team Borkan and worked to make sure you were a one term councilman. But, hey, I guess you’re a bigger person (and much more forgiving) than I am.
Nevertheless, these unelected and fraudulently “re-elected” officials should never have made such a reckless decision right before an election where, chances are, most of them will be voted out of office. The resolution they want to so cavalierly repeal has been adopted in other, and obviously more successful, cities. In fact, in Bal Harbour, the city manager’s contract states that he cannot be fired within six months before an election. Why? The answer is obvious. Because an election can result in an entirely new group of commissioners, who would naturally want to hire their own contract employees. DUH!
In fact, Beth Spiegel herself should understand this concept since she was so appalled that Jose Smith held a press conference “on the first day of early voting” after the fraudulently “re-elected” Frantz Pierre threatened and verbally abused Code Code Compliance Officer Tasheema Lewis. Her complaint was about the timing of the presser with respect to a municipal election. What about the timing of firing two contract employees with respect to an upcoming municipal election? I guess that didn’t matter as long as she got what she wanted. Hypocrisy much?
David, I assume you decided to run again because you’re not happy with the status quo. Yet, you are defending the same people you already stated are doing a horrible job. What am I missing?
The ordinance was originally changed to ensure the North Miami Beach was in the running to get the best of the best and not have them go to other municipalities where the employment policy was more palatable. It was also put there to prevent elected officials like Myron Rosner from firing one of the best City Managers, a true visionary Keven Klopp, because he would not approve Myron’s weekend stay at the Hard Rock Hotel in Hollywood. A total of 12.9 miles from his house. We the taxpayers where suppose to spend four to five hundred dollars for his hotel room and food instead of him spending two dollars for gas.
This was never an ordinance, it was a resolution set forward by Jose Smith, after he observed the firing of Ms. Siegel, his predecessor, come from out of nowhere. This resolution repealing the resolution passed unanimously after some discussion of needing to have something in place to protect the Citizens Rights. There needs to be something in place to protect the Charter Officers in the future from a surprise firing, and a discussion is to be done on the next Commission Conference in August. Until then, don’t expect many good candidates to come forward for either position when it is finally advertised.
At least, the Commission made one good decision last night and it is to start the process, but let the newly “elected” commissioners decide who will fill those positions.
I misspoke and thank you for correcting me. It is indeed a Resolution.
I was addressing the last paragraph of the blog and the tone of the discourse on the topic…not just here but “out there”. We are now living in a highly divisive society, nationally and locally. It is appalling to me that otherwise respectable people treat one another with such disdain and contempt. Our First Amendment allows this even when it is unproductive and should be unacceptable (having the right to do something is not the equivalent of knowing how to reasonably and appropriately exercise that right). We can’t legislate civility into our lives. We can each try to tone it down and make an attempt to reach reasonable consensus on issues. Winning by destroying the opponent is winning, but at what cost? In isolation it doesn’t matter anymore than the small piece of plastic trash we let fly. In the aggregate it becomes a serious problem But, litter we CAN legislate.
I know you find Phyllis loathsome and Frantz a fraud. Those 2 are NOT up for “re-election”. That leaves 5 others, 2 of whom are appointed and not up for “re” election. Of the remaining 3, 2 of them are running for the same office. Much as I am friendly with all (except Frantz) there are decorum issues with more than 1 of the remaining 3 but that doesn’t make them bad people and it doesn’t mean that NMB is doomed.
Presumably, at least ideally, those seeking elected office would be more altruistic than selfish. Even better, those 2 concepts would not mix. When they mix there is a conflict of interest and bias. In an environment of municipal developmental renaissance we have to be careful about who is “up there”. Even then we need to be able to trust in the balance we try to achieve by requiring 4 out of 7 to take action.
So, I am neither defending nor assailing the people up there. I am saying that all hope is NOT lost and that WE CAN do good and WE CAN do better. In the broader picture the City has been on a good path. Despite the missteps, the bumps, the scandals, people are not usually all good or all bad. The world is not so black and white. I think the extremism of painting people either as only one or the other, good or bad, exacerbates the divisiveness and is not productive. Being a problem identifier is fine but lets also always be a problem solver too.
Steph, you mentioned my candidacy. I want to simply note that I have never mentioned that in any of my comments. I simply add commentary to your blog to add to the debate. Sometimes we disagree and other times we agree. Sometimes I am too emotional and have been offensive. I am not perfect. Few of us are. In adding to the debate hopefully we can achieve common ground or a mutually acceptable path (collectively, I mean) even if it is not the one we feel is perfect or preferred.
On a final note, Borkanism seriously damaged CNMB progress. I would never have wished him serious illness but I don’t miss him either. Without him fueling a fire and with some additional experience gained by actually being on the inside, I hope that (at least some) former Borkanites are thinking more independently. Every once in a while even a cult member turns.
David, I only mentioned your candidacy because it was relevant to the point I was making. For the record, and in case anyone is watching your actions (which I’m sure they are), I confirm that you never once mentioned your candidacy in any of your comments on this blog. Doing so would have been deemed a “campaign ad,” thus requiring you to issue a disclaimer. Everyone who reads this blog knows, or should know anyway, that you are a long-time resident as well as an extremely vocal activist, and that you have always spoken from your heart about the city you love, whether running for office or not.
That being said, you and I have not always agreed on issues, even to the point of verbal sparring, but that disagreement has never affected our friendship, nor my respect for you. I’m pretty sure the feeling is mutual.
Thanks, as always, for your participation in the inevitable lively discussion. 😉
NMBis doomed ! Any city controls by liberal is dommed ! Just wait dear brother !