NORTH MIAMI BEACH, Fla. – North Miami Beach Commissioner Michael Joseph was reinstated into office Tuesday afternoon after a judge reversed his removal by fellow commissioners last month.
According to court records, Miami-Dade Circuit Judge Peter Lopez issued a written order that said the city commission failed to have the necessary five-member quorum when it voted 3-1 to remove Joseph.
Several North Miami Beach commissioners voted to vacate Joseph’s seat in May because they say he violated the city charter after missing countless commission meetings within a 120-day period.
City representatives said they were not able to conduct business for months because of Joseph’s absence, along with a few other commissioners who were not appearing at commission meetings.
On Tuesday, Lopez also found that the commission did not have the authority to remove a commissioner from office and that Joseph had not violated the 120-day rule for absentees in the city charter.
Joseph’s attorney Ben Brodsky asked a judge to reinstate him after he recorded that Joseph had only missed 91 days, which was 29 days below the requirement of meetings that could be missed without removal.
The city is now enjoined from holding a special election to replace Joseph, pending the disposition of the case. Lopez’s order claims that Joseph is likely to prevail once the suit is settled.
“From an administrative standpoint, city business continues to move forward and we’ll follow the judge’s order,” said North Miami Beach City Manager Mario Diaz, “The commissioner’s treated as an active commissioner. He’ll have any access that he deems necessary to be able to participate and make any decisions on the dais.”
“We’re preparing as if everybody will be present for the commission, and having all the items ready for them,” Diaz added.
Joseph sent a statement to Local 10 News on Wednesday afternoon saying in part, “I was elected to tackle public corruption after the last arrest of a sitting mayor. Reform comes slowly, but as long as we persist it will come. We are all in this together,”
The judge’s ruling also enjoins the special election that would’ve been held to fill Joseph’s vacant seat.
Joseph also called the judge’s ruling “vindication” and says he plans to be at the next commission meeting scheduled for June 20, as the city will look to hold an election to fill former North Miami Beach Mayor Anthony DeFillipo’s seat.
DeFillipo was arrested May 31 on illegal voting charges after authorities accused him of voting three times from a North Miami Beach address he didn’t live at.
Read the court order for Joseph’s reinstatement below.