Miami Officials Appeal Commissioner Carollo Recall Ruling

MIAMI, FL — Miami officials wasted little time appealing a Tuesday ruling by a Miami-Dade County judge ordering the city to accept a petition seeking the recall of former mayor and current Commissioner Joe Carollo for "misfeasance and malfeasance" in office.

"This complaint asks a straightforward question: Does a city clerk have the discretion or authority to determine that a recall petition is untimely," penned Judge Alan Fine.

The judge ruled the Miami city clerk is bound by the language in the state's municipal recall statute which states: 'Immediately after the filing of the petition forms, the clerk shall submit such forms to the county supervisor of elections."

Carollo's attorney, Benedict P Kuehne, told Patch the commissioner was "deeply disappointed" by the ruling and planned to argue that the recall process was not only "flawed, but is fraudulent" on appeal.

"The clear violations of the statutory recall procedures compel stopping this process immediately," Kuehne said. "The recall committee cannot be allowed to subvert the will of the voters through its scheme to violate Florida’s election laws."

Activist attorney David Winker, arguing on behalf of the recall effort, accused city attorney Vicky Mendez of overstepping her authority to protect the commissioner.

"The job of the city attorney in recall matters is to represent the residents of the city of Miami, not just Joe Carollo in his desperate effort to stay in office," Winker said. "The city attorney and her office are trying their best to sabotage the recall and silence the voice of residents."

Mendez called Winker's comments "inappropriate and untrue" in a statement to Patch.

"We are disappointed with Judge Fine’s ruling," Mendez said.

City officials rejected the recall petition from the group calling itself Take Back Our City on March 2. Organizers of the effort claimed to have 1,900 signatures, well over the necessary 1,577.

The petition claimed Carollo abused his power and violated the Miami charter by instructing code enforcement officials to "target, harass and intimidate" a Little Havana business owner who supported Carollo's political opponent.

"Carollo himself participated in the harassment, visiting the targeted business late at night and claiming that he is the 'new sheriff in town' and that he 'is the law,'" according to the one-page recall petition.

The petition also claimed Carollo used taxpayer-funded events to support the political campaign of a political ally in 2018. The events included "free food and other giveaways," according to the document.