Updated from the Sept. 5 print edition
During a Special Call Meeting last week, the Town Council voted 5-0 to hire the Akerman LLP law firm to assist Town Attorney Raul Gastesi to protect the town’s charter from a pending lawsuit by suspended mayor Michael Pizzi.
Lawmakers made it abundantly clear they were sworn into office to uphold the Miami Lakes town charter and voiced their opinions that the additional legal advice was necessary in case Pizzi’s lawsuit in the Florida Supreme Court is heard and Governor Rick Scott is ordered to lift Pizzi’s suspension automatically returning him to office.
Citing a conflict of interest based on the advice of the town attorney, Mayor Wayne Slaton recused himself from the special meeting and Vice Mayor Manny Cid took over.
Cid and councilmembers Tim Daubert, Nelson Rodriguez, Ceaser Mestre and Frank Mingo voted for the additional legal service.
Councilmember Tony Lama didn’t attend the meeting but sent in a video supporting the direction of the town’s attorney, Raul Gastesi.
Governor Scott suspended Pizzi from office following his arrest last year on public corruption charges that led to a special election to fill the vacancy which was won by Slaton.
Following Pizzi’s acquittal last month, Scott refused to lift the suspension based on the special election mandated by the town charter, and Pizzi’s attorneys subsequently filed a lawsuit in the Florida Supreme Court to overturn his decision.
But such a judgment may not guarantee Pizzi gets his job back, conceivably leading him to sue Miami Lakes in Circuit Court to challenge the town charter.
State law states any elected official indicted for crime may be suspended from office until acquitted and the office filled by appointment for the period of suspension, not to extend beyond the current term of office, unless these powers are vested elsewhere by law or in a municpal charter (such as the Town of Miami Lakes Charter).
The town charter states if the mayor’s position becomes vacant and six months or more remain in the unexpired term, a special election shall be held for the election of a new mayor within 90 calendar days following the occurance of the vacancy.
During the special meeting, Gastesi examined state law and the town’s charter when addressing the suspension of an elected official.
He highlighted the most important language in the charter that mandates the right for residents to elect a new mayor in October 2013 to fill out the vacant position’s remaining term.
“Mr. Pizzi has no office to be reinstated to,” Gastesi said during his presentation on the floor near Pizzi and his attorney, David Reiner.
Gastesi said he had to use caution because of the pending lawsuit and with the plaintiff and his lawyer present.
“This is a two-part legal issue,” Gastesi said. “Do you want to defend the town’s charter? Our charter provides what it does for the town. In my opinion, you can and must defend the charter because it is right on point.”
Councilmembers supported the additional legal service to work with Gastesi, saying their rightful duty is to protect the town’s charter despite any circumstances.
Councilmember Mingo said he was elected and swore on the bible to uphold the town’s charter. “I want to keep my promise to the residents,” he said.
On video, Councilmember Lama said Miami Lakes needs a chair at the table during the town’s legal issue. He said he spoke to many residents and most of them support shielding the town’s charter against any possible lawsuits.
“Regarding some concerns with costs and time frames, overwhelmingly the people in this town are in agreement that they and the town are directly impacted by the pending court decision regarding the reinstatement of our former mayor,” he said. “They deserve that their interest be represented in this matter. It is my opinion that the town’s charter is clear on this issue.”
Councilmember Rodriguez said, “After residents elected me in 2012, I was sworn during the Oath of Office to protect the Constitution. We need to defend our Constitution, which is our town charter.”
Councilmember Mestre, who served as the interim mayor following Pizzi’s arrest, said he hates what the town is going through.
He said many of the residents who favor reinstating Pizzi got the wrong impression about the issue concerning two people claiming the mayor’s position.
“This is not about Slaton versus Pizzi, he said. “At no time did the city attorney come to us and say fund my war against the former mayor, or let us do this to help Mr. Slaton. A case is pending in front of the Florida Supreme Court to deal with our town charter and we have a decision to make to either let someone else interpret our charter or send someone there to say this is what we believe our charter says.”
Mestre added: “We have 30,000 residents we have to respond to and we can’t bow under pressure. There is something going on and we can’t place our head in the sand and pretend it is not happening.”