Three North Miami councilmembers could be on their way toward losing their seats after a judge ruled they violated North Miami\u2019s city charter when they fired their municipality\u2019s city manager two years ago.\u00a0<\/p>\n
Circuit Judge Beatrice Butchko Sanchez issued a verbal ruling last Wednesday (Aug. 26) that Vice Mayor Kassandra Timothe, Councilman Pierre Frantz Charles, and Councilwoman Mary Estime-Irvin violated North Miami\u2019s city charter when they voted to terminate City Manager Rasha Cameau.<\/p>\n
The ruling comes after two years of litigation by resident and activist Eileen Bicaba who claimed that the three councilmembers violated the state\u2019s Sunshine Law and the city charter when they fired Cameau when it appeared that she was about to fire the city\u2019s public works director at the time, Wisler Pierre-Louis. Among other things, Bicaba\u2019s lawsuit alleged that Cameau was contacted by third parties, including lobbyist and consultant Ringo Cayard, to convince her not to fire Pierre-Louis.<\/p>\n
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Residents protested what they view as wasteful behavior by city council members just before the May 7, 2024, special meeting, which resulted in former city manager Rasha Cameau’s termination.<\/p>\n
(Samantha Morell for The Miami Times)<\/p>\n
After hearing testimony from Bicaba, Vice Mayor Timothe, Cayard, and Cameau, Judge Butchko Sanchez ruled that there was no evidence the officials violated the Sunshine Law, which forbids elected and appointed officials on the same board from discussing official business outside of public meetings. However, she ruled that the three officials did violate Article Four, Section19 of the city charter, which forbids councilmembers from directing the city manager \u201cin any manner\u201d on the appointment or removal of officers and employees in the administrative service of the city.\u00a0<\/p>\n
\u201cAny councilmember violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall cease to be a councilmember,\u201d the city charter\u2019s Section 19 states.<\/p>\n
Bicaba, president of the NoMi Neighbors Association, said she was pleased with the judge\u2019s ruling and intends to use it get the three North Miami councilmembers suspended form office.<\/p>\n
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Eileen Bicaba, North Miami resident.<\/p>\n
(Courtesy of Eileen Bicaba)<\/p>\n
\u00a0\u201cWe won the most important part of the case. The Sunshine Law has no teeth; it would have amounted to a slap on the wrist. The city charter has teeth,\u201d Bicaba said.<\/p>\n
Bicaba\u2019s attorney, David Reiner, said once the judge puts the order in writing he will transmit it to the governor\u2019s office, the state attorney\u2019s office, the Florida Commission on Ethics and the city of North Miami and \u201csee what any of those people do.\u201d<\/p>\n
\u201cWe think there is a very good chance that Gov. Ron DeSantis will suspend them from office based on [this ruling],\u201d Reiner added.<\/p>\n
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A group of North Miami residents accused three council members of violating the city’s charter by interfering with staff hirings in 2024.<\/p>\n
(Samantha Morell for The Miami Times)<\/p>\n
Vice Mayor Timothe said she intends to appeal the judge\u2019s ruling and denies she voted to fire the city manager to protect Pierre-Louis, who resigned just prior to Cameau\u2019s removal. She also said neither she nor her colleagues can be removed from office based on the judge\u2019s ruling since they were not convicted of anything.<\/p>\n
\u00a0\u201cThe judge did not say we were guilty or not guilty. She made a finding,\u201d Timothe said.<\/p>\n
Councilman Frantz Charles declined to comment. Councilwoman Estime-Irvin did not return an inquiry for comment by deadline.<\/p>\n
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Former North Miami city manager Rasha Cameau seen here being applauded by residents May 7, 2024, just before she was terminated by the city council.<\/p>\n
(Samantha Morell for The Miami Times)<\/p>\n
An attorney for North Miami\u2019s three council members, Forrest L. Andrews, has already filed an emergency petition for writ of prohibition with Florida\u2019s Third District Court of Appeals to stop the judge\u2019s written opinion from being issued.\u00a0<\/p>\n
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North Miami Council members Mary Estime-Irvin and Pierre Frantz-Charles sit in the courtroom during last week’s trial.<\/p>\n
(Local 10)<\/p>\n
According to the emergency petition, filed on Monday, Aug. 31, Judge Butchko Sanchez showed she was biased and prejudiced against Timothe, Frantz Charles, and Estime-Irvin when she interrupted a cross examination of Cameau about the former city manager\u2019s purported reputation for firing Haitian employees.\u00a0<\/p>\n
During that cross examination, the judge asked the council members\u2019 attorney if Cameau was only supposed to hire Haitian lawyers and that \u201cwhether or not she hires a Cuban, a Haitian, an Anglo, a German is not pertinent to what I have to do here today.\u201d\u00a0<\/p>\n
She also asked Cameau if she was Haitian American and spoke Creole. Cameau replied her parents were born in Haiti, she spoke Creole and French fluently. When the judge asked if she \u201cdespised\u201d Haitians, Cameau answered \u201cno.\u201d<\/p>\n
\u201cI\u2019ve been hearing about it and the citizens are in the audience and they\u2019re shaking their heads. Do you think they care about who is Haitian American and who is not?\u201d the judge reportedly said per Andrew\u2019s filing.<\/p>\n
Andrews\u2019 petition stated that the prior to the judge\u2019s ruling the councilmembers\u2019 legal counsel filed a \u201clegally sufficient\u201d motion to disqualify, which the judge denied.\u00a0<\/p>\n
Despite protests from dozens of residents, the North Miami City Council voted 3 to 1 to fire Cameau as city manager during a May 2024 special meeting<\/a> with Councilman Scott Galvin dissenting. Mayor Alix Desulme, who was against Cameau\u2019s firing, boycotted the meeting.\u00a0<\/p>\n No direct reason was given for the termination at the time. However, Timothe told the Miami Times Cameau was let go because she mismanaged a city project and she didn\u2019t take directives from her bosses on the city council.<\/p>\n Eileen Bicaba is the plaintiff in the June 2024 lawsuit accusing three North Miami council members of privately coordinating city business to remove former City Manager Rasha Cameau.<\/p>\n (Local 10)<\/p>\n \u201cI got frustrated and my colleagues got frustrated so it was a no-brainer,\u201d Timothe said. \u201cShe said it herself. She could no longer count to three.\u201d<\/p>\n<\/p>\n
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