Slaton, Town withdraw appeal; Pizzi back as Mayor

Community By David L. Snelling, The Miami Laker staff Friday, May 15, 2015

 

Despite an entreaty from many residents to take the case to the Florida Supreme Court to keep his job, Miami Lakes Mayor Wayne Slaton and the town decided to end the long-running legal dispute over who should be the city’s rightful mayor. 

Flanked by councilmembers and town staff during a news conference two weeks ago at Town Hall, Slaton said he and Miami Lakes will not appeal the Florida Third District Court of Appeal’s decision that allowed Michael Pizzi to return as mayor, which ended his eight month fight to get his old job back following his acquittal of public corruption charges last year.    

Slaton, who was elected mayor during a special election two months after Pizzi’s arrest, said many residents wanted the Supreme Court to hear the case, but considering the length of time for a decision and additional attorney fees, he thought it would be in the best interest for Miami Lakes to step down and allow Pizzi to finish his term, which ends in November 2016.

"Getting an appeal to the Supreme Court is not easy or a quick process," Slaton said. "It is not inconceivable that the process could take a year or more."

Last month, the Court of Appeal upheld Miami-Dade Circuit Court Judge Gisela Cardonne Ely’s ruling that Pizzi can return to political office as the town’s rightful mayor.

She based her decision on state law that says an elected official who was suspended from office following an arrest can return if that person has been acquitted of all charges in the court of law. 

Ely issued a 30-day stay to give the town a chance to appeal her decision, but the panel of judges for the Court of Appeal sided with her. 

Governor Rick Scott suspended Pizzi from office after his arrest in August 2013, and Miami Lakes’ town charter required a special election 90 days following his indictment on corruption charges.  

Slaton won the special election.

Following Pizzi’s acquittal on seven counts of bribery and kick back charges in August of last year, Scott refused to reinstate him, indicating Miami Lakes elected a new mayor to serve the remainder of his term.

Pizzi sued Scott, and the Florida Supreme Court forced the governor to lift his suspension, but he never asked the high court to return him to office. 

Instead, he filed a lawsuit against the town and Slaton to force his return at Town Hall.

At issue during the legal confrontation was the town’s charter versus state law.

According to Town Attorney Raul Gastesi, Pizzi’s term ended when Slaton was elected the new mayor; Pizzi’s attorneys said Florida law allows their client to return as mayor immediately after a jury found him not guilty. 

As part of the courts’ rulings, Pizzi is also entitled to back pay starting on the day he was arrested, a reportedly $56,000 in salary and fringe benefits, said Town Manager Alex Rey.

Pizzi also wants the town to pay for his legal bills for his corruption trial, Florida Supreme Court and Circuit Court lawsuits, and the Court of Appeal.

Gastesi said Pizzi’s lawyers filed the motions for the legal fees, which he has yet to disclose.

The town has bankrolled about $378,805 in legal fees to fight Pizzi’s lawsuits, and to keep Slaton in office. 

Pizzi commended Slaton for a job well done while serving as mayor, and encouraged him to stay involved in the town in some capacity.

“I hope we can move on and let’s make Miami Lakes the best city in the United States of America,” Pizzi told reporters outside Town Hall.

Slaton alluded that he may run for mayor again next year. "There will be an election for mayor again next year," he said. Most of his supporters urged him to do so. 

Miami Lakes resident Mandy Rebull said 2016 is around the corner.

 “And we, as residents and taxpayers, must make a difference and stop the circus,” he said.

Miami Lakes resident Vivian Campa said Slaton is the best leader for the town and she expects him to run for mayor next year. 

“Thank you, Mr. Slaton,” she said. “You are a true leader who has Miami Lakes and its residents’ best interest at heart. 2016 is near and I’m sure you will be back where you belong. Leading the town selflessly And successfully.”

Cecile Pelaez, another town resident, said: “Can’t wait to elect the next mayor…. Mr. Wayne Slaton. The year 2016 can’t come sooner!”

Leslie Weiner Langbein, an attorney and a former member of the Miami Lakes Charter Review Commission, thanked Slaton and council members for handling the legal battle with class. 

“Thank you Mayor Wayne Slaton and council members for leading us through this fiasco with grace and dignity,” she said.

Councilmember Nelson Rodriguez said Slaton’s leadership helped make a smooth transition to a new mayor in the town. “Thank you Mayor Wayne Slaton for your leadership and guidance. You are a Class Act,” Rodriguez said.

Residents want to put the legal battle behind them and move on, but they are still worried about their tax dollars paying for the attorney fees.

“Welcome back Mr. Pizzi, and I hope the town can work for the betterment for our town, seniors and children,” Raul Garcia said at the May 5 regular Town Council meeting.

David Oliver said it’s time for Miami Lakes to get back to business but cautioned town elected officials who are seeking reelection next year.

“I hope everyone gets reelected but if you can get back a substantial rebate for attorney fees and put it back in the hands of taxpayers, you will have no problem getting reelected,” Oliver said.