North Miami Beach City Manager Arthur “Duke” Sorey has declared War on Residents.

Specifically, resident Mubarak Kazan, who’s only “crime” is asking the Manager, “Where’s the money?”

And for the audacity of holding his government’s officials accountable, Kazan was banished from the June 21, 2022 City Commission Meeting, and was told by Interim Police Chief Harvette Smith that he couldn’t return.

Kazan, who has been attending City meetings for well over two decades and recording them since 2003, had left a small handheld recording device on the stage when he left to use the restroom.  It was at that moment that Duke Sorey decided that Kazan’s recording device was a “security issue,” confiscated it, and ordered the Police Chief to remove Kazan from City Hall.

As fate would have it, Mayor Anthony DeFillipo had already left the dais for a brief period, leaving the gavel in the hands of Vice Mayor McKenzie Fleurimond, who did nothing to stop the illegal removal of a resident from the meeting in violation of Kazan’s civil rights.

The Police Chief, along with three other North Miami Beach law enforcement officers were caught on video preventing Kazan from returning to the meeting, who had to demand the return of his recording device.

It’s important to note that this video was taken just prior to 8:00 PM.

WATCH!

As usual, however, Duke Sorey tried to absolve himself of all responsibility by pretending he had nothing to do with Kazan’s removal and, worse, Duke was untruthful on the dais when the Mayor questioned him.

The Mayor had already returned to the dais when the Clerk announced that the next speaker for public comment was Mubarak Kazan.

It’s important to note here that the time was now 8:47 PM, nearly one hour after the Police Chief told Kazan to leave the premises.

When Kazan didn’t come up to the podium, the Mayor asked, “Is Mr. Kazan here?”

The Clerk responded, “No, he seem to have left.”

The Mayor responded, “I don’t know, I’m getting a text that he was removed by the police.  What did Mr. Kazan do?”

No one answered.

So the Mayor followed with, “Mr. Manager, do you know anything about that?”

Blatantly avoiding an answer to the Mayor’s direct question, Duke finally turned on his microphone and said, “Mr. Kazan, um, I know the police, uh, told him that he can come back in, but he did leave, came up and set something up on the stage and walked out of the building, and they went outside and gave it back to him and told him, you know, you shouldn’t do that, in this day and time put anything down and walk out.  So he was told he could come in but I guess he leff [sic].”

WATCH!

The problem with Duke’s “explanation” is that it is an unequivocal falsehood!

He obviously had no idea that an hour earlier, when Kazan was being barred by police officers from entering back into the building, that the entire incident was being documented on video for posterity.

In fact, we asked Mr. Kazan to tell us in his words exactly what happened, and to confirm whether or not he was told he couldn’t return to the meeting.  This was his written response:

One witness at the scene told VotersOpinion that he heard the Police Chief specifically say he could not return to the meeting that night.

Yet, an hour later, Duke publicly stated on video that the police “told him that he can come back in.”

On Thursday, Mayor Anthony DeFillipo called a Press Conference in front of City Hall to publicly denounce the City Manager’s treatment of Mr. Kazan.  He surprisingly called for the resignation of City Manager Duke Sorey, according to WSVN.com.

In response to the Mayor’s presser, that night at 6:23 PM, the Assistant City Manager sent an email to the Mayor and Commissioners with an attached Memorandum, in which he repeated the same nonsense he told the Mayor the night of the Commission meeting when he had Kazan bounced from a public meeting held in a public building funded by Mr. Kazan’s tax dollars.

In his “Statement,” Duke was quoted as saying [emphasis ours]:

“My number one priority is to ensure the safety of our residents and elected officials. During the Commission Meeting held on Tuesday, June 21, 2022, staff informed our North Miami Beach Police Department when Mubarak Kazan left an unattended device on the stage and exited the Julius Littman Theatre. NMB Police Officers, who were present at the meeting, inspected the device to determine if it presented any danger to the residents and elected officials in attendance. After concluding it was a recording device, it was immediately returned to Mr. Kazan and I publicly invited him back into the meeting. However, Mr. Kazan had already left. Mr. Kazan is welcome to attend all future Commission Meetings. During these trying times in our community and nation, we must remain on high alert at all public gatherings and be vigilant to ensure the safety of our residents, visitors, and elected officials. We should speak up when we see unattended devices or bags.”

The truth, however, is that until he was questioned by the Mayor, at no time during the Commission meeting did Duke Sorey say even one word about Mubarak Kazan, much less publicly invite him back into the meeting.

In an email statement Friday morning, Mr. Kazan reiterated the entire chain of events, and insists that at no time was he told he was invited back into the building.

At about 7:47 pm when the Public Comments were over and the Public Affairs announcements began, I approached the edge of the stage closer to the City Clerk and gently placed my digital audio recorder there as I had been doing for decades with my recording devices whenever there were meetings of such nature, close to the elected body. The City Clerk’s assistant, Stephanie who was sitting at a table close to where I placed my recorder was not there for me to tell her I was leaving my recorder there. Wanted to use the rest room and knew my recorder would be safe there in the presence of the elected body and all eyes on the stage.

Made my way into the lobby area, spoke with a few residents. A short while later, Interim Police Chief, Harvette Smith approached me in the lobby area of the theater and told me she would like to have a word with me, if I can step outside the building. I said sure. She had three police officers followed us. While outside the building, she stated, The City Manager (Arthur Sorey) said he saw Mr. Kazan placed a device on the stage, and he did not know what it was. “He now has my recorder”, and I cannot return into the building. Told her immediately I would like to have my recorder now. While talking she beckoned one officer to return into the building for the recorder. 

While waiting she acknowledged the city manager knew me by name, and they “all knew me”, establishing I was not a stranger. Told her I am being profiled for who I am and is being kicked out the building which she claimed I am already outside. I asked if he was so much afraid of this recorder, why keep it? 

Why not have the building vacated?

The recorder was returned to me. I stood there and told her at least two of these officers can go do some patrolling on the roads instead of harassing a senior resident. Told me she already has enough on the roads.  At NO TIME DID SHE TELL ME I CAN COME BACK INTO THE MEETING. She reiterated I am NOT allowed to come back into the building for this meeting. 

In a reply to Mubarak Kazan’s statement, former Councilman David Templer responded:

I was not there and I may not have all of the facts.  With that said,

1. 1. Mr. Kazan has been a community activist for DECADES.  He is personally known by ALL NMB elected officials, City Managers, Chiefs of Police, City Clerks, City Attorneys going back decades.  You will not find a single one of those, including me, that will tell you that Mr. Kazan has ever been anything but polite and NON-threatening.  There are other regular speakers and City activists who are sometimes threatening but he is not one of them.  He has been audio and video recording for DECADES without incident.
   2. If there was an “order” given to the Police Department to remove and ban Mr. Kazan, such an order is immediately suspect since only those charged with enforcement of the law can issue and enforce such an order.  Neither the Commission, nor the Staff can issue an “order” to the Police Department to remove someone from a public meeting or to ban their return.
   3. The Police Department must have and exercise independent law enforcement authority.  It is not a hired gun, so to speak, of Staff or Commissioners.  The Police cannot enforce an order from Staff or Commissioners that it knows or should know is illegal or unconstitutional.  The oath to uphold the laws and the constitution are independent of the whims of Staff and Commissioners.

As I said, I was not there.  I am very familiar with all parties involved, including Manager Sorey, Chief Smith, Mayor Defillipo and Mr. Kazan. As much of an advocate as I am for Chief Smith and City Staff, there is more than an appearance of impropriety here. 

On a personal note, I have known Mubarak Kazan for approximately 20 years.  Although we have not always agreed about local political issues, we have always remained friends and staunch allies against public corruption.  Kazan is most passionate about holding elected officials accountable for their actions, and most importantly, the spending of residents’ tax dollars.

For the last two decades, Kazan has faithfully attended City Commission meetings, workshops, budget hearings, and committee meetings, and is ready to voice his opinion to his representatives on the dais.  Kazan has been known to vociferously criticize the elected officials when warranted, but he will just as easily give praise and credit when due.

Either way, he will not back down.  Coming from a country where free speech was suppressed and even punished in the 1970s and 1980s, Kazan takes the First Amendment to heart, especially “the right of citizens to petition the government.”

Mubarak Kazan is well known for attending meetings with a camera around his waist or a video camera on a tripod, and dependably recording all government proceedings for his extensive archives.  He also attends celebratory events and generously shares his photographic memories with everyone in the City.  Kazan is the unofficial historian of North Miami Beach.

But most importantly, Mubarak Kazan is the kindest, most caring human being you will ever meet.  He never fails to ask how you are, and he is genuinely concerned for your well-being.  I laugh when I think of a particular email he sent me in response to a blog, telling me he didn’t bother to read my “rant,” and in the next sentence he wrote, “Otherwise, how are things with you?”

Kazan never lets a disagreement about politics get in the way of friendship, and he is nothing if not a loyal friend.

Of all the disgraceful and despicable things Duke Sorey has done since he first walked through the doors of City Hall on April 20, 2021, by far the most egregious was using the Police Department as his personal security force to embarrass and humiliate one of the finest and most upstanding members of the North Miami Beach community.

If Duke Sorey had one fraction of Mubarak Kazan’s decency, he would be ashamed of himself, profusely apologize, and resign with dignity.

He is clearly unfit for the job of City Manager and he needs to go.

Stephanie