If you need a little comic relief, pop yourself some corn, sit back, and watch an entertaining 45 minute segment of the November 10, 2020 meeting of the Pembroke Park Town Commission.

But first, some background.

Former Mayor Ashira Mohammed refused to step down in May when she filed to run for state representative, which was a violation of the Florida Resign-to-Run Law.

According to a September 24, 2020 Miami Herald article, the Broward Inspector General investigated and issued a report finding that “Mohammed committed multiple violations that could have criminal implications. Investigators found that, by having a campaign employee post as the mayor from a town social media account, Mohammed violated the state’s ‘Little Hatch Act,’ which regulates the political activity of public officials, a first-degree misdemeanor.”

The article continued, “The report also says Mohammed failed to properly resign her position as mayor under Florida’s ‘resign to run’ law before she ran as a Democrat for Florida House District 101 in the August primary. By submitting campaign qualifying papers to the state swearing she had properly resigned, Mohammed “willfully swore a false oath” related to an election, a third-degree felony, the report says.”

Ashira Mohammed, of course, denied all the allegations through her attorney, none other than current El Portal Interim Attorney Joseph S. Geller, despite several other violations cited by the Broward Inspector General, including her repeated use of city resources for personal gain, according to the Sun Sentinel.

By October 2, 2020, when she still refused to step down, Commissioner Geoffrey Jacobs filed a lawsuit to force her removal from office.

Mohammed finally vacated her seat the day after the November general election – three months after she lost in the Democratic primary for State Representative District 101 race to Marie Woodson and a third contender, Brian C. Johnson.

The Village of Pembroke Park Commissioners held a meeting on November 10, 2020 meeting.  At minute 45:19 of the meeting video, the Commission attempted to appoint a Mayor from among the sitting Commissioners.

Chaos ensued.

Here’s the run-down.

Item 7.2 of the Meeting Agenda called for the Commission to vote on Resolution 2020-133 to appoint a replacement Mayor, a Vice-Mayor, and a Clerk Commissioner from the remaining sitting elected officials.  This Resolution is in accordance with the following municipal laws which are incorporated in the Village Charter’s Code of Ordinances.

• Part 1, Sec. 9. Town Commission states, “The Commission shall be composed of a Mayor-Commissioner, Vice-Mayor Commissioner, Clerk-Commissioner, and two (2) other Commissioners. At the first regular meeting of the Commission following every election as herein provided, the Commission shall, by Resolution, appoint one of its members as and to be Mayor of said municipality and another of its members as and to be Vice-Mayor of said municipality, and another of its members as and to be Clerk-Commissioner of said municipality.”
• Article IV. Sec. 2-102. – Order of Authority states, “In the absence of the Mayor, the Vice-Mayor may perform any of the functions of authority granted to the Mayor under this article. In the absence of the Mayor and the Vice-Mayor, the Clerk-Commissioner may perform any of the functions of authority granted to the Mayor under this article. In absence of the Mayor, the Vice-Mayor, and the Clerk-Commissioner, the remaining Commissioner may perform any of the functions of authority granted to the Mayor under this article.”

During the meeting, however, Vice-Mayor Howard P. Clark, Jr. tried to circumvent the Village Charter by enlisting his attorney, none other than Joe Geller, to argue for his client’s “right” to assume the mayoral seat.

Geller, whose recently grown COVID-19 beard is eerily reminiscent of Howard Hughes in his declining years, stepped up to the podium.

Nowhere in the Village Charter does it state that an acting Mayor has the “right” to the mayoral seat, but that didn’t stop Geller from citing Sec. 14. – [Duties of Officers] of the Village Charter, and claiming that his client was being “unlawfully deprived of an office that they’re entitled to hold.”

Section 14 actually states, “The Mayor-Commissioner, Vice-Mayor-Commissioner, Clerk-Commissioner and the two (2) other Commissioners shall each perform the duties of his or her office until his or her successor is duly elected and qualified. The Mayor shall have the same voice and vote as the other members of the Commission. In the absence or disability to act as the Mayor, the Vice-Mayor shall perform all the duties of the office, including the judicial functions herein enumerated; and in the absence or disability of both, then the members of the Commission shall designate one of its members to act as Mayor by resolution, and when so designated, such Commissioner shall serve as Mayor and perform the duties of the office, including its judicial functions.”

While the Vice-Mayor may act and serve as Mayor in the absence of one, Section 14 does not state that the Vice-Mayor is the actual Mayor.

Nevertheless, Geller also advised his client, Howard Clark, to nominate a Vice-Mayor to take his place so that Clark could assume the position of Mayor.

In response, Village Attorney Melissa P. Anderson, who is a force to be reckoned with, gave Joe Geller a much needed – and thoroughly rewarding – smack down.

At hour 1:08 of the meeting, Madam Attorney responded:

And so I would say to that, that’s what Mr. Geller and that’s what the Vice Mayor would like the Charter to say, but as Mr. Geller has pointed out, the Charter doesn’t say a lot … because in Section 14, the Vice-Mayor is acting as the Mayor.  That’s what that Section is for.  When the Mayor was gone, the Vice-Mayor sits in the Mayor’s … seat, figuratively, and does what the Mayor is supposed to do, which is to run the meeting, ask for promotions, and so forth.  Just because the Town has done things a certain way, and just because it is vague, doesn’t mean you get to make up the rules as you go.  And again, municipalities, unless they are prohibited by law have very broad powers of home rule.  Yes, if this were an elected position – it’s not a position elected by the electorate.  It’s a position that’s elected by this Town Commission and there are no property rights or any sort of rights to a mayoral seat, which is a total figure, you know, honorary seat.  It’s not a strong mayor.  It’s an honorary position which this Commission has the power, along with Vice-Mayor, along with Clerk-Commissioner, has the power to appoint as the Commission sees fit.  But just because it’s been done that way in the past, or just because the Charter isn’t specific enough, doesn’t mean that Mr. Geller or the Vice-Mayor get to make up the rules.  Or say what the Charter should say.  I would like the Charter to say a lot of things that it doesn’t say.  Unfortunately, it’s vague in places.  So, I’m confident in my legal opinion.  I will leave it at that.  I can’t imagine a judge coming in and telling the Town that just because they’ve done something some way for the past 20 years in regard to an honorary position on the Town Commission, that he’s gonna tell them that they have to continue doing it the same way.  And I’m confident in our legal position and I will leave it at that.

 

Now THIS is a municipal attorney that every city needs!

Including and especially the Village of El Portal!

When Ms. Anderson was finished, at hour 1:11:31 Vice-Mayor Clark nominated Commissioner Georgina Cohen for the position of Vice-Mayor.  Clark then jumped ahead to Agenda Item 9.6 to approve Resolution 2020-146, passed the gavel to Commissioner Reynold Dieuveille and made the motion to appoint Cohen.

It passed unanimously.

Clark then asked for the gavel back, obviously under the assumption that he was now the Mayor.

Sorry, buddy.  Not so fast!

Village Attorney Anderson spoke up once again, “So now you have a Vice-Mayor, and you need to elect a Mayor and a Clerk Commissioner.”

“No,” said Mr. Clark.  “We have the Mayor by…

“No, you do not have a Mayor,” Ms. Anderson interrupted.

At which point, Clark said that Lawyer Joe would talk for him.

As Lawyer Joe began his spiel, the look on the Village Attorney’s face – and accompanying eye roll – was absolutely PRICELESS!

Geller began, “In my opinion, you have a Mayor, and you elected a Vice-Mayor to replace that, but you have pending Item 7.2.  If 7.2 passes, then all of those seats are up.  If not, then presumably you continue as you did with the Vice Mayor serving as Mayor.  That’s the language it uses in [Section] 14 – the Vice-Mayor serves as Mayor.  And now you have a Vice-Mayor, but now you have to move to 7.2 …”

Having heard enough of his drivel, Village Attorney Anderson interrupted with, “So effectively, the Vice-Mayor was serving as Mayor, but he’s just now nominated Commissioner Cohen to be Vice-Mayor, so he’s given up his role as Vice-Mayor, so he’s no longer anything, and she’s the Vice-Mayor.  Is that what’s happening?”

Joe piped in, “You have to consider 7.2.  Either pass it or you don’t.  If you don’t, you proceed under 14.”

“Well,” sneered Madam Attorney.  “We should have done 7.2 first.”

We love how she threw it back in Joe’s face, reminding him that he was the one who engineered jumping ahead to Item 9.6 (Resolution 2020-146) instead of keeping with the order of the Agenda.

Looking directly at Howard Clark, Ms. Anderson continued, “Does the Vice-Mayor understand that you just effectively voted yourself out of the Vice-Mayor job?”

Which, we must add, he did on the advice of his own attorney.

Mr. Clark responded somewhat sheepishly, “Well, that’s not what I really wanted to do.”

“Well,” replied Village Attorney Anderson, “that’s just what happened.”

From the peanut gallery, er, the podium, Joe Geller piped in that the Commission still has to deal with item 7.2.

Once again, the newly demoted former Vice-Mayor attempted to run the meeting.

And once again, Attorney Anderson had to remind him that he no longer had the authority to do so.

Pointing to Vice-Mayor Cohen, Ms. Anderson said, “She’s Vice-Mayor now, so she runs the meeting.”

Joe Geller then mumbled something unintelligible on camera, but which was clearly heard by the Village Attorney, who angrily raised her voice and said, “NO, BECAUSE SHE WAS JUST ELECTED VICE-MAYOR SO SHE RUNS THE MEETING!”

Suddenly, Town Manager Juan “JC” Jimenez, addressed the Commission, put his hands in a T-position, and stated, “Hold on!  Time out a second.  I will say this.  Melissa’s our Town Attorney.  I love Joe.  I respect him very well, he’s very good.  She’s our Town Attorney.”

In other words, Joe, stay in your lane.

At the request of Attorney Anderson, the Village Clerk to read back the motion and the votes, which clearly indicated that Ms. Cohen was now the Vice-Mayor.

Undeterred, Joe Geller threw a Hail Mary pass, desperate to salvage his client’s position … after he had already helped him get fired.

He threatened, “Respectfully, if the Vice …, the former Vice-Mayor who is now acting Mayor, and if he is not accorded that status, then we’ll have to seek relief [unintelligible].  However, if you pass [Item] 7.2, and that passes, then that would pose a different issue for subsequent resolutions.  One way or another, you need to get this …”

Attorney Anderson interrupted, “I understand that, but the issue now is a very procedural issue, and it’s very straightforward.  The vote was … he’s no longer the Vice-Mayor.  Commissioner Cohen has been elected Vice-Mayor by the Town Commission.  Therefore, she is now acting as Mayor as set forth in the charter.”

Believe it or not, Joe Geller stepped right up to the podium.

Again.

Acting as if he were in charge of the meeting, Joe Geller addressed his client, the deposed former Vice-Mayor, “Mayor, I would recommend to you to be able to get to the next item that you pass the gavel to Vice-Mayor Cohen so we can move forward and that will get us past this item.”

We have no idea how Village Attorney Melissa Anderson’s head did not explode at that point.  To her credit.  She took a deep breath and slowly said, “For the record, the Charter states that the Vice-Mayor shall act in the capacity of Mayor.  It does not state that they become the Mayor…”

Joe Geller, once again popped right back up to the podium, interrupted the Village Attorney, and said, “Actually if you read on where it talks about the same thing, where it talks about what happens if you select someone else, there it does use the language ‘serve as Mayor,’ it would be …”

This time, Ms. Anderson could no longer control her anger.

She stopped Joe by raising her voice, “IF YOU SELECTED SOMEBODY ELSE!  BUT THAT’S NOT WHAT HAPPENED!”

Joe continued trying to rewrite the Charter, but Ms. Anderson waved him off with, “We can argue that in front of a judge.”

Once again, she read for the record the section of the Charter which states, “In the absence or disability to act as the Mayor, the Vice-Mayor shall perform all the duties of the office … then the members of the Commission shall designate one of its members to act as Mayor by resolution, and when so designated, such Commissioner shall serve as Mayor…”

“That’s completely different than acting in the capacity of Mayor when the Mayor is absent,” she concluded.  “Having said that, we now have a new Vice-Mayor, we do not have a Mayor.  Vice-Mayor Cohen, can you go ahead and run the meeting?”

The gavel was finally passed to newly appointed Vice-Mayor Georgina Cohen, who passed the gavel to move to appoint Geoffrey Jacobs as Mayor.  Her motion was seconded by Commissioner Reynold Dieuveille.

The entire Commission voted in the affirmative, including the now-former Vice-Mayor Howard Clark, in an apparent admission of defeat, and who had to be thoroughly embarrassed by Lawyer Joe’s ridiculous performance.

WATCH!

Stephanie