In our previous column, we told you that North Miami Beach Commissioners Paule Villard, McKenzie Fleurimond, Michael Joseph, and their Puppet Commissioner Daniela Jean conspired decided to fire the 75-member full service law firm of Weiss Serota Helfman Cole & Bierman, PL as the City Attorney and replace it with the one-member law firm, Ottinot Law, P.A.
Because “boutique experience.”
Or something.
We intended to write this blog about Hans Ottinot and all the unsavory details we’ve uncovered. However, we decided to hold off on that for now in order to address an issue of much greater importance.
Gluttons for punishment that we are, we watched the January 28, 2021 Commission meeting again (beginning at hour 1:11:14), and we discovered something that should make Ottinot’s appointment a moot point.
Let’s revisit the debacle.
At the Commission meeting McKenzie “suggested” hiring Hans Ottinot, the former Sunny Isles Beach City Attorney, at the outrageous sum of $55,000 per month.
Ignoring all rational discussion by Mayor Tony DeFillipo, Commissioner Barbara Kramer and Commissioner Fortuna Smukler, McKenzie and his colleagues had already made up their minds that it was a done deal.
Pretending as if the ink wasn’t already dry on Ottinot’s signed contract, McKenzie Fleurimond said, “I just wanna see if there’s any appetite for it. I believe like I said a firm like Mr. Ottinot’s, being that he has a lot of experience … I don’t know if this is someone who is going to accept an offer, but in order to find that out, I wanna see if this is palatable for the rest of the Commission.”
We couldn’t help but notice the Freudian, but hilarious, food analogies the portly McKenzie used to preface the motion he immediately made.
His motion, of course, was immediately seconded by his fellow buffet aficionado, Commissioner Paule Villard.
McKenzie and his co-conspirators continued to ignore all discussion among the Commissioners and refused to allow public comment.
Because they have an agenda and they don’t care what you want!
Mayor Tony gave it one last ditch effort to knock some sense into their heads by imploring everyone to “bring this back and let’s vet this process properly.”
Instead, at hour 2:45:06, Michael Joseph interrupted the Mayor and said “I’d like to call the question.”
At that point, Commissioner Barbara Kramer had just about enough of the clown show of a Commission meeting. “Of course, you do,” she spat. “All four of you. Oh, I love it. SUNSHINE! Yeah, yeah. Let’s go!”
Mayor Tony laughed and added, “If this doesn’t call for an ethics investigation, I don’t know what does.”
Barbara continued, “And Mr. Ottinot, I don’t know if you really want to step into the big shit pile you’re coming into, but I’m here. I’m here to serve it to you.”
Considering what we know about Hans Ottinot, he should fit right in.
But more on that in another blog.
Regardless of whether or not the four co-conspirators violated Florida Sunshine Laws, let’s focus on Michael’s sudden insistence on calling the question.
For the uninitiated, a motion to call the question “should be a rare occurrence,” according to Professor Paul Brians of Washington State University, an expert on parliamentary procedure.
Professor Brians wrote, “If debate has dragged on longer than you feel is really warranted, you can ‘call the question,’ at which time the chair has to immediately ask those assembled to vote to determine whether or not debate should be cut off or continue. The motion to call the question is itself not debatable. If two-thirds of those voting agree that the discussion should have died some time ago, they will support the call. Then, and only then, will the vote be taken on the question itself.”
No true democracy can function properly if a government body does not follow parliamentary procedure, which is also referred to as Robert’s Rules of Order.
In fact, the only thing that stands between a true democracy and a tyrannical majority, between a civilized society and a third world country, is a government that strictly adheres to parliamentary procedure.
In Parliamentary Basics, the National Association of Parliamentarians explains, “Parliamentary procedure, or parliamentary law, refers to the rules of democracy—that is, the commonly accepted way a group of people come together, present and discuss possible courses of action, and make decisions.
Furthermore, “Fundamentally, parliamentary procedure defines how groups of people, no matter how formal or informal, can most effectively meet and make decisions in a fair, consistent manner—and make good use of everyone’s time. While parliamentary procedure cannot guarantee that every member of an organization is pleased with the outcome of a decision, it aims to ensure that every member is satisfied by the manner in which the decision was made, and that the organization makes decisions efficiently but with consideration for every member’s opinion.”
In “How Parliamentary Procedure Relates to Democracy,” the well-known and highly regarded Professional Registered Parliamentarian (PRP) Paul McClintock, wrote:
Principles of parliamentary procedure that are fundamental to democracy include:
• All members have equal rights, privileges, and obligations.
• The majority must be allowed to rule.
• The minority have rights that must be protected.
• Members have a right to information to help make decisions.
• Freedom of speech must be assured in full and free debate.
• Meetings should be orderly, deliberative, and devoted to business.
• Only one question can be considered at a time.
Most of the above procedures were ignored by the tyrannical majority of four at the January 28, 2021 Commission meeting. If proper procedure had been followed when Michael called the question, that motion needed to be passed by a two-thirds majority vote of 5-2, and not a simple majority vote of 4-3, in order for the Commission to vote on appointing Hans Ottinot’s firm as City Attorney.
We can’t help but wonder why City Clerk Andrise Bernard, who is supposed to make sure that Commission meetings are run according to Robert’s Rules, didn’t insist on a two-thirds vote when Michael called the question.
Or, for that matter, why didn’t the now-former City Attorney Dan Espino weigh in on this important matter?
For the record, we’ve never defended Dan Espino, or his legal opinions, or that he appears to do the bare minimum in his job. In fact, we’ve always suspected that Weiss Serota didn’t send their best lawyer when they assigned Mr. Espino to North Miami Beach. We are now convinced of it.
Especially after Mayor Tony wanted to hear from the public on this matter and Mr. Espino advised that public comment was held at the beginning of the meeting and that anyone could have spoken about this issue.
Except that at the beginning of the meeting, no one had any idea this matter was going to be raised, much less voted on … no one, except for the four co-conspiring Commissioners, that is.
Nevertheless, the four clowns on the dais may believe they have the right to do whatever they want because of their simple majority.
The truth is, though, if they want to shut down critical discussion – or a filibuster, if you will – to ram their agenda through by calling the question, they had better have a super majority vote to get their way.
Accordingly, the 4-3 simple majority vote by the North Miami Beach Commission to hire Hans Ottinot after Michael Joseph called the question, was illegal.
We also plan to revisit previous legislation that was narrowly passed by calling the question since November 30, 2020, and take action accordingly.
The rest of the January 28, 2021 Commission meeting gave us a glimpse of North Miami Beach’s future if the City continues to be run as a banana republic instead of a representative democracy.
At hour 2:48:52, Paule Villard once again interrupted the Mayor by saying, “I wanted to see if there was a [sic] appetite, I want to call the motion to also fire the manager tonight. I just want to see if there’s a second.”
Right on cue, Michael Joseph seconded it “for discussion.”
Which is laughable, since they’re not remotely interested in having a “discussion.”
Once again Mayor Tony called for public comment, and once again Dan Espino used the “public comment was at the beginning of the meeting” excuse.
When Tony insisted that the public had a right to give their input on this important decision, Lawyer Dan responded that “public comment is not required unless desired by the Commission. I mean, you could certainly open it up if you choose, but the Commission could agree with you, disagree with you, but it’s not required.”
Tony and Barbara immediately asked to have public comment, with Barbara snarkily throwing in, “By the way, Commissioner Villard. Who do you have in mind for the Manager? Because you must have that planned in your head, too.”
Paule Villard ignored Barbara and interrupted the Mayor.
Again.
She wanted to “vote to see if we have to have public comment because Mister Attorney said we didn’t need pubic comment.”
Dan Espino clarified, “If the Mayor wants to have public comment, and you wish to override him, there would have to be a motion to NOT have public comment.”
Of course, Paule made a motion to NOT allow public comment, and asked for a second.
And of course, Michael Joseph seconded her motion.
North Miami Beach taxpayers should never forget that Paule Villard and Michael Joseph voted AGAINST allowing the public to comment.
They don’t give a crap about your opinions.
In fact, Michael, McKenzie, and Daniela despise all you peasants so much that they refused to attend that meeting in person, or even show their faces on Zoom to the public.
With the lone exception of Paule, who disturbingly appeared to continuously chew her cud on camera.
But all four of them sure love to spend your money!
By that point, McKenzie and Daniela were apparently shamed into allowing public comment – and the public sure had a lot to say.
After much discussion, the four co-conspirators agreed to a motion to table the item for the time being.
But, as everyone already knows, Paule Villard and her comrades are planning to fire the City Manager, and they already have someone in mind for the job.
Several name have been floated, including North Miami rejects, Lesly Prudent and Stephen Johnson, both of whom had a hand in creating the multitude of problems that city still faces today.
However, just today we received a confidential tip from a very credible source that a third person (also with a North Miami connection) is at the top of their list.
We are working to confirm this tip, and as soon as we do you’ll be the first to know.
Stephanie
Whenever I try to keep up with whatever our Bay Harbor Islands Commissioners are up to, it appears all I have to do is read your terrific informative articles. This time, I was able to compare North Miami Beach to our (BHI) Commissioners, where both sets of Commissioners allegedly “refused to allow public comment,” and ignoring “Parliamentary Procedure (Robert’s Rules of Order),” when choosing amongst themselves, either a “one-member law firm versus a 75-member full service law firm” (Weiss Serota Helfman Cole & Bierman, PL)?”
Just for the Record: Although our (BHI) Commissioners are still in the “choosing” process, since last December, when ($4.1M), and our previous (BHI) Town Attorney resigned, we are still being left with his “Assistant,” who claims allegedly he knows “nothing,” after working (+/-) twenty years with him in Bay Harbor Islands?
The level of govermoment here is so low, how is this even allowed to occur? What a miserable bunch of politicians, and shame on those that elected them, but where are the authorities and why are you the only person writing about this?
Please don’t be offended Stephanie, but I would expect this to be in the newspaper, although who reads it much these days, it’s as thin as a pancake.
Love Voters Opinion. Keep up the terrific writing, you’re a talented gal.
I am not offended. In fact, I’d much rather all of this be covered by the Miami Herald because this story is way too important not to have a bigger audience. I’m still hoping the Herald will pick it up and run with it.
You’re right about the paper, though. My Sunday Herald used to be bulging, and barely able to be contained in the plastic wrap. Now it’s no bigger than a Tuesday edition, with barely enough newsprint to line the birdcage. it’s really sad, but the internet killed the newspaper industry. Damn shame.
As a product of Washington Park & resident of the City of NMB for 35 years, this is a tragedy, all over again! This time it’s a horse of another color. I only wanted to see fair representation on the dias for us all, but I never imagined the creation of a monopoly with their own agenda, that doesn’t represent WP, nor our City at-large. I supported this change in the City for better, and it appears, I got the worst end of the stick. I still think I’m going to wake up any moment & it will all have been a dream! However, as it stands now, Disappointment is putting it lightly.
These four don’t care about Washington Park, or any of the other neighborhoods in NMB. They only care about themselves and their own political careers. The biggest disappointment is McKenzie, who I thought had more sense than to let himself be dragged down by the likes of Michael Joseph, who is just plain evil. I warned him not to hitch his horse to the wrong wagon, but he ignored me. He will now be judged by the company he keeps.
Paule Villard is just a complete moron, who lies about anything and everything. She was a joke as a cop and she’s an even bigger joke as an elected official. She really is an embarrassment.
Daniela Jean is nothing more than an empty-headed puppet who was recruited to warm a seat and vote “correctly.”
At least NMB residents can’t complain about the lack of transparency. Everyone can see what they’re up to – and it’s no damn good.
The end of democracy in the USA. Why should NMB be any different?
It’s just a darn shame that we have those on the commission who genuinely play by the rules for NMB, and those who have closed door agendas. Being completely transparent with the community in regards to educating the public before anyone is fired or hired is imperative, if not essential! Public comments are all a “normal” and “invitational” part of the process. Whomever states it’s not cannot be genuinely interested in the end result. We’re talking character here. If you don’t possess that, who and what are you as a person? ♀️
You know I love my hoes
You sure do! Your first mistake, Steve, was meeting your hoes at a hotel room. Maybe you would have avoided getting arrested if you brought a couple of lap dancers home from the club and have them entertain you on the stripper pole in your living room instead like Duke Sorey does. Just saying.
That Two4One moniker is everything you need to know about that guy. Ewwww!
“Those who do not learn from history are doomed to repeat it.” Look back at the recent history of NMB. It was not to long ago that the City had a great City Manager by the name of Keven Klopp. He was a visionary and knew that the City of NMB was about to head into a problematic times. When he refused to spend money that some of the elected officials wanted to spend, can we say Myron Rosner staying at the Hard Rock in Hollywood over a weekend, he was fired. They then brought on Kelvin Baker, without doubt one of the worst City Managers ever on record, see Lauderhill and Opa Locka. Myron and Kelvin did their very best and spent all of the reserve accounts. Then came the elections of 2011 two private citizens that did not like what was going on took on two incumbent politicians. George Vallejo and Marlen Martell ran for Mayor and Council because they saw the problems that were happening. They both got elected, dealt with a 5 million dollar deficit, got redevelopment started, balanced budgets and put money in reserves. Now fast forward ten years, they are both off the council the first two that would be term limited out, really Phyllis. A good City Manger was fired for no reason, once again, replaced miraculously with another good manger and that is going to be fired for not being willing to spend money. We currently have a new commissioner who wants to spend money on the same programs that have North Miami on the verge of bankruptcy, yes they are that close to not being able to pay bills. In addition development has stopped, they are laying the ground work to spend the reserves on stupid programs that have failed in the past, the definition of insanity just saying. I can imagine the cast of characters that they are going to interview as a new City Manager! Incompetent, irresponsible, uneducated, no experience! The only thing the group of candidates are good at is saying yes to to incompetent, irresponsible, uneducated, no educated elected officials who only value is knowing how to steal elections.
NMB has been so fortunate with some excellent managers, especially Keven Klopp. Myron despised Keven for being fiscally responsible, and was insanely jealous of him for obvious reasons. Ana Garcia helped bring NMB back from the brink of financial disaster, but she did ruffle a lot of feathers, and was fired. Fortunately, the Commissioners appointed her second in command, Esmond Scott, and the city kept on moving in the right direction.
The troubles started with Michael Joseph’s election, who once again brought divisive racial politics (a la Kelvin Baker) to NMB. We knew it was headed down a treacherous road at the May 22, 2019 Strategic Planning Session when he had a dramatic meltdown over a false allegation that he “got calls threatening his family.” He then looked right at Barbara, and playing the Frantz Pierre Race Card, he spat, “And I’m sure that PEOPLE WHO DON’T LOOK LIKE ME didn’t get calls about … you’re not like me. YOU DON’T LOOK LIKE ME! You don’t go through the same things I go through on a daily basis. We’re not the same … And we will never be the same.” Michael Joseph would have you believe that just because he happens to black, he’s so disadvantaged and that his life is so horrible. (Cue the violins.) The truth is that Barbara is nothing like the the “long suffering” Michael Joseph who has a law degree on his wall, and who makes a very good living by working for a prestigious law firm, and is hardly disadvantaged. Watch his hilarious drama queen performance here: https://www.youtube.com/watch?v=dHL3ngXQdwU&feature=emb_title
Now that there are four “Michael Josephs” on the dais, the shit is about to hit the fan. They are about to fire Esmond Scott and hire someone who will let them spend anything they want with no questions asked.
Mark my words, North Miami Beach is about to have its own very special “Red Garden Sinkhole.”
Just saying.
North Miami Beach is in a @#& load of trouble. I agree with everything that has been said about the 4 musketeers. They are in it for themselves and acting as if they are the only ones that have a say. Well, the people have a say, and to not allow public comment, is communistic. They were asleep during the Dezer zoom meetings, because they could care less about Eastern Shores. JERKS
They don’t want to show their faces as they screw the residents.
Yes they are looking to hire Arthur Duke Sorey as the next City Manager. Supposedly he’s guaranteed the job since the majority of the commission wants someone who can do their bidding.
They tried last night, but were thwarted by residents who demanded a proper process in selecting the most important position in the city. Duke Sorey is the absolute WORST possible choice, and I fully intend on putting all his dirty laundry out on sordid display in the next few days. Stay tuned…
I’m Available just find me at The Office
Tamarac commissioner Marlon Bolton defends interim city attorney Hans Ottinot by playing the race card: https://tamaracfl.new.swagit.com/videos/113326?ts=7073 (and then goes on to threaten the mayor at 1:58:55).
Oh. My. God! This race card bullshit is out of control. I am personally sick to death of it and I reject it. No public official is immune from scrutiny regardless of his or her race or ethnicity, and I refuse to be held hostage to the demands of anyone who thinks that corruption is permissible based on skin color. The hell with that bullshit! Anyone who knows me knows that nothing pisses me off more than the race card.
What can citizens do? Is it possible to try to get these corrupt commissioners removed from office before the city goes down into the sewers? We need the public to step up and put pressure on these people right away.
The residents of North Miami Beach must band together and demand a more ethical government. If the corruptocrats refuse to listen, there are ways to deal with them, including a recall. Please email me at stephanie.kienzle@gmail.com if you are interested in getting started. I have resources.
Thanks always for your encouragement, and reporting to the “Miami-Dade Commission on Ethics and Pubic Trust” concerning our (BHI) Vice Mayor who allegedly “violated Section (A)(5) of the Citizens’ Bill of Rights (CBR) entitled “RIGHT TO BE HEARD” at June 10, 2019 Meeting (Ethics Case No. C19-29-07).
Just for the Record: The majority “VOTE” allegedly comes from (BHI) Council members (without “Term Limits”) working and “playing” in North Miami, and who had taken away our (BHI) Citizen’s “RIGHT TO BE HEARD” (Sec. 23-5(8.1) to allegedly play the following FAILED “Trifecta:” (1). Bal Harbour Shops successfully purchasing TAX-EXEMPT “Church by the Sea” property for their millions of dollars expansion, (2). Bal Harbour Gov’t. by “resolution” relocating this particular TAX-EXEMPT “Church by the Sea” to Bay Harbor Islands “Ocean Cadillac” Dealership (1000 Kane Concourse) with the possibility of “bankrupting” our “Small Town,” and (3). Bay Harbor Islands “Ocean Cadillac” Dealership purchasing and being denied by North Miami Citizens “relocating” to the North Miami “White House Inn?”
You’re welcome, Frances. You should know that I never filed any report or complaint about BHI. If someone did anonymously, it wasn’t me. I don’t even know who your current vice mayor is. I hope, however, that your issue was resolved.
It seems NMB and Tamarac are about to become sister cities. At Tamarac’s 3/10/2021 commission meeting, commissioners Bolton, Gelin, and Villalobos rammed through a non-agenda item without proper public notice (and while suspending Robert’s Rules of Order) to name Hans Ottinot the permanent city attorney (in contradiction to the commission’s previous unanimous statements that the interim city attorney is not eligible for the permanent position). Go-along-to-get-along commissioner Placko had reservations about this motion, but in the end, she didn’t want to be labelled a racist (because Bolton said specifically this was about “respecting the black man”) and voted with the majority. The segment concerning naming Hans Ottinot the permanent city attorney can be viewed at https://tamaracfl.new.swagit.com/videos/114282?ts=2939 beginning at 0:48:59 until 1:29:12.
I watched a recent Tamarac meeting, and I totally believe this bullshit happened. The “race card” seems to have a prominent place on the dais. Blog coming.