News & Events
Lawsuit costly against Bal Harbour Councilman Joel Jacobi
Feb. 27, 2009, The Miami Herald
BY RODOLFO R. ROMAN
A lawsuit filed by a former Bal Harbour political candidate questioning whether Councilman Joel Jacobi was living in the village when he defeated her two years ago has been expensive for taxpayers.
Bal Harbour has spent $201,596 in legal fees and other costs related to the lawsuit since 2007, according to the village's law firm, Weiss Serota Helfman Pastoriza Cole & Boniske.
A civil trial to determine if Jacobi met residency requirements was set for January, but has been postponed.
''It's not a normal occurrence for the village to have a great deal of litigation,'' Village Manager Alfred Treppeda said.
In the 2008-09 Bal Harbour budget, which the council approved last year, the village budgeted $75,000 for litigation and $260,000 for legal fees in general, Treppeda said.
Bal Harbour is also involved in another pending lawsuit filed by a resident, businessman Babak Raheb, who is challenging a special assessment to pay for security in a gated neighborhood in the village.
Cost so far to the village: $52,137 in legal fees since October 2005.
Mark Journey, attorney for former candidate Lynne Bloch-Mullen, said Bal Harbour could have avoided spending money on litigation.
''The village could have conducted their own investigation about Jacobi's residency,'' Journey said in a phone interview. ''They could squawk all they want, but they are spending the money on attorney fees because they didn't enforce the ordinance,'' said Journey, who would not comment on how much Bloch-Mullen has spent on the lawsuit.
The village was named along with Jacobi in a complaint filed by Bloch-Mullen in April 2007, alleging that Jacobi did not meet residency requirements when he ran for reelection. Bloch-Mullen, who is a member of the Bal Harbour Citizen's Coalition, sought to be seated for the remainder of Jacobi's term.
The village had objected to Bloch-Mullen's argument that she should automatically replace Jacobi should he be removed from office, saying that would be in violation of the city's charter. A Miami-Dade judge ruled in favor of the village, agreeing that Bal Harbour's council would appoint a replacement should Jacobi be removed.
Bloch-Mullen could appeal the judge's decision.
The lawsuit claims that Jacobi did not live in his Bal Harbour co-op during the time period required to run for office -- and points to payments made to Jacobi by a woman for staying at the condo. The lawsuit also alleges that Jacobi's residence at the time was a property he owns in North Miami Beach. The suit points to a North Miami Beach police report filed by Jacobi and his wife in May 2006, claiming that a thief had broken into their home -- stealing among other things a bicycle, business suits and a wedding band.
Jacobi listed the Bal Harbour address as his residence when he ran for reelection in April 2007. County records show Jacobi purchased the condo in the Brownstone building on Collins Avenue with his stepmother, Cheryl Jacobi, in 1996. The suit claims he failed to live in the Bal Harbour property between March 2005 and May 2006.
Jacobi, who practices family real estate and personal injury law, has insisted that he lives at the Bal Harbour co-op. He notes that his driver's license and voter's registration list that address.
Under Bal Harbour's charter, candidates for the village council must reside in the village for at least one year before filing to run for office.
Treppeda said municipalities often turn to the courts to decide whether candidates meet residency requirements.
''Questions of residency aren't a black and white issue. It's a gray issue that needs to be decided by a judge,'' Treppeda said.
Dina Cellini, a Citizen's Coalition member, said the village didn't act responsibly.
''As a resident, I, too, am outraged. It's the ultimate display of partisan politics,'' Cellini said, adding the city could have used the money to investigate allegations against Jacobi. 'But they'll spend whatever it takes to `protect the Charter' and keep Lynne Bloch-Mullen from taking her rightful seat.''
At a January council meeting, Jacobi suggested council members look into seeking reimbursement from Bloch-Mullen for her "frivolous lawsuit.''
Jacobi, who is represented by attorney and former North Bay Village Mayor Joe Geller, declined to comment on how much he has spent in the civil suit.
He may have to pay fines to the county ethics commission in addition to legal costs.
In November, Miami-Dade Commission on Ethics and Public Trust found Jacobi gave inaccurate information on his financial disclosure forms, neglecting to disclose income he got from renting out his home. On Thursday, the commission imposed a $3,500 fine, plus $1,000 for investigation costs on Jacobi. He also will also get a letter of reprimand from the commission.