North Miami Beach fires city manager. All commissioners attend meeting after judge order

North Miami Beach commissioners voted to fire City Manager Arthur H. Sorey III Tuesday evening, days after the city attorney resigned amid ongoing tension over questions about Mayor Anthony DeFillipo’s residency.

Commissioners voted 6-1 to fire Sorey without cause, with DeFillipo being the lone no vote. On a previous vote that evening, the mayor voted to fire Sorey with cause, which would have prevented him from receiving 20 weeks severance pay. It was the first meeting in five months with a quorum with all commissioners attending in compliance with a judge’s order.

Sorey fielded questions from commissioners about spending and was criticized for purported unprofessional behavior toward staff, a claim he denied, before he was fired and asked to leave.

“This is all about competency and nothing but that,” DeFillipo said before the commission made its decision. “It is time that the water settles in North Miami Beach and I hope that today is that day.”

READ MORE: North Miami Beach city attorney resigns amid tensions over mayor’s residency

Calls to fire Sorey and former city attorney Hans Ottinot were initially made during a December commission meeting, in which Commissioner McKenzie Fleurimond walked off the dais before a vote could be taken.

Since then, the city has been operating without a full commission after three commissioners — Fleurimond, Daniela Jean and Michael Joseph — declined to attend the meetings over allegations that DeFillipo lives elsewhere and should not be mayor. Earlier this month, a Miami-Dade Circuit Court judge ordered all of the commissioners to attend the March meeting.

READ MORE: North Miami Beach mayor says he lives in city, but his family moved to another town

Commissioner Phyllis Smith raised concerns about spending in the procurement and finance department, allegations that Sorey interfered in the last city election, and what she described as “filthy language” and “bullying” of employees.

She also called for a forensic audit of every department to see how the city spent money. “I need to see how your tax dollars are spent,” she said.

Sorey denied claims of unprofessionalism and called some of the comments about him “mudslinging.”

“To call into question my character, some of the comments made were very sickening,” he said before thanking residents and a few of the commissioners for their professionalism.

READ MORE: Disturbed by behavior, judge orders North Miami Beach commissioners to attend meeting

Commissioners unanimously appointed Mark Antonio as city manager. Antonio previously had served as city manager for Hallandale Beach for 25 years.

“I’m honored and humbled by this opportunity,” Antonio said. Antonio was set to have a quasi-judicial hearing regarding an awning added to his home.

Antonio said he wants to carry out the city’s vision and assess its financial health.

“I love our city. I’m blessed to be here at this point in time,” he said, with a crack in his voice. “I’m sorry to get a little emotional, but it’s a difficult time for our city. It really is.”

The commission also voted unanimously to hire John R. Herin Jr. as interim city attorney. Herin is a partner at Fox Rothschild LLP and previously served as city attorney for several South Florida cities including Marathon, Doral and Tamarac. Commissioner Jay Chernoff was also voted vice mayor at the meeting.

Legal issues

The ongoing feud between the mayor and commissioners was on full display Tuesday evening over allegations that DeFillipo does not meet residency requirements and that Joseph has not attended meetings for 120 days in violation of the city charter.

“I don’t feel comfortable sitting up here with someone who has violated the charter over 120 days,” DeFillipo said.

Commissioner Jay Chernoff has filed a lawsuit saying his colleagues Joseph and Fleurimond violated the city charter because they missed meetings when they were protesting the mayor’s residency.

READ MORE: ‘Go to work’: Judge holds off on deciding if North Miami Beach commissioner can keep seat

Fleurimond criticized DeFillipo for turning the meeting into a political show and said the issues should be handled by the courts. “I believe this is not the appropriate venue to hear this issue,” Fleurimond said, adding that the mayor insisted on having concerns about his residency be handled in court. “If it’s good for you, it should be good for everyone else.”

Fleurimond and Joseph refused to leave the dais while their colleagues discussed the litigation involving them, a potential violation of Florida’s conflict of interest statute. No vote was taken on whether to remove Joseph from the commission.

The commission briefly discussed DeFillipo’s residency without the mayor present. Fleurimond again said it should be handled by the court. “I believe that we have a responsibility to allow a judge to do that,” he said.

A hearing on the vacancy issue will be held March 28. The next hearing on the matter of DeFillipo’s residency will be held April 27.