Three North Miami councilmembers could be on their way toward losing their seats after a judge ruled they violated North Miami’s city charter when they fired their municipality’s city manager two years ago.
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’s city charter when they voted to terminate City Manager Rasha Cameau.
The ruling comes after two years of litigation by resident and activist Eileen Bicaba who claimed that the three councilmembers violated the state’s Sunshine Law and the city charter when they fired Cameau when it appeared that she was about to fire the city’s public works director at the time, Wisler Pierre-Louis. Among other things, Bicaba’s lawsuit alleged that Cameau was contacted by third parties, including lobbyist and consultant Ringo Cayard, to convince her not to fire Pierre-Louis.
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.
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 “in any manner” on the appointment or removal of officers and employees in the administrative service of the city.
“Any councilmember violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall cease to be a councilmember,” the city charter’s Section 19 states.
Bicaba, president of the NoMi Neighbors Association, said she was pleased with the judge’s ruling and intends to use it get the three North Miami councilmembers suspended form office.
Eileen Bicaba, North Miami resident.
“We 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,” Bicaba said.
Bicaba’s attorney, David Reiner, said once the judge puts the order in writing he will transmit it to the governor’s office, the state attorney’s office, the Florida Commission on Ethics and the city of North Miami and “see what any of those people do.”
“We think there is a very good chance that Gov. Ron DeSantis will suspend them from office based on [this ruling],” Reiner added.
A group of North Miami residents accused three council members of violating the city's charter by interfering with staff hirings in 2024.
Vice Mayor Timothe said she intends to appeal the judge’s ruling and denies she voted to fire the city manager to protect Pierre-Louis, who resigned just prior to Cameau’s removal. She also said neither she nor her colleagues can be removed from office based on the judge’s ruling since they were not convicted of anything.
“The judge did not say we were guilty or not guilty. She made a finding,” Timothe said.
Councilman Frantz Charles declined to comment. Councilwoman Estime-Irvin did not return an inquiry for comment by deadline.
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.
An attorney for North Miami’s three council members, Forrest L. Andrews, has already filed an emergency petition for writ of prohibition with Florida’s Third District Court of Appeals to stop the judge’s written opinion from being issued.
North Miami Council members Mary Estime-Irvin and Pierre Frantz-Charles sit in the courtroom during last week's trial.
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’s purported reputation for firing Haitian employees.
During that cross examination, the judge asked the council members’ attorney if Cameau was only supposed to hire Haitian lawyers and that “whether or not she hires a Cuban, a Haitian, an Anglo, a German is not pertinent to what I have to do here today.”
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 “despised” Haitians, Cameau answered “no.”
“I’ve been hearing about it and the citizens are in the audience and they’re shaking their heads. Do you think they care about who is Haitian American and who is not?” the judge reportedly said per Andrew’s filing.
Andrews’ petition stated that the prior to the judge’s ruling the councilmembers’ legal counsel filed a “legally sufficient” motion to disqualify, which the judge denied.
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 with Councilman Scott Galvin dissenting. Mayor Alix Desulme, who was against Cameau’s firing, boycotted the meeting.
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’t take directives from her bosses on the city council.
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.
“I got frustrated and my colleagues got frustrated so it was a no-brainer,” Timothe said. “She said it herself. She could no longer count to three.”
Bicaba, who has long complained about flooding in her neighborhood, said Cameau was trying to hold Pierre-Louis responsible for a stalled water drainage project when the council moved to fire her. Bicaba said she filed suit because she was tired of what she perceives as corruption and incompetence at city hall.
“Things in North Miami are being broken continuously because they have become more brazen,” Bicaba said. “They know nobody ever challenges them. And if you have laws and they’re not enforced they’re meaningless. So, it is about time someone stands up and says no more.”
