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HomeMy WebLinkAboutReso Censuring Mayortp�p C, C Ty 9i SUN �� TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM Honorable Mayor and City Commissioners Fabiola Stuyvesant, Commissioner March 19, 2026 Resolution Censuring the Mayor for an Ultra Vires Act, Misappropriation of a Public Forum, and Breach of Decorum atthe Municipal Anniversary Event RECOMMENDATION: This resolution is presented for your consideration. REASONS: Adoption of this Resolution formally censures the Mayor for exceeding executive authority (ultra vires - act), misappropriating a taxpayer -funded public forum, and breaching professional intergovernmental decorum by unilaterally prohibiting historically significant former elected officials from participating in a public proclamation presentation. The City of Sunny Isles Beach recently hosted an Anniversary Beach Party, funded by approximately $300,000 in taxpayer dollars. As a publicly funded municipal event, the celebration and its corresponding stage and programming belong exclusively to the residents of the City, not to any single elected official. During the event, Miami -Dade County Commissioner Micky Steinberg attended in an official capacity to present a formal proclamation honoring the City's history. Present at this civic celebration were the City's founding father, former Mayor Norman Edelcup, and former Mayor Dana Goldman. When County Commissioner Steinberg and City Commissioner Fabiola Stuyvesant respectfully requested that these historically significant officials be invited to the stage to be recognized during the reading of the proclamation, the Mayor unilaterally and hostilely denied the request, explicitly stating that they "cannot come to the stage." This unilateral exclusion necessitates a formal censure by the City Commission for the following legal and ethical reasons: Item Number: 9.X 431 1. Ultra Vires Act: The City of Sunny Isles Beach operates under a City Manager form of government. The City Charter grants the Mayor no enumerated power to act as the unilateral gatekeeper of a taxpayer -funded public stage. Banning the City's founding father and a former Mayor from participating in a public civic recognition is an ultra vires act —an action taken entirely outside the legal scope of the Mayor's authority. 2. Misappropriation of a Public Forum: A $300,000 taxpayer -funded event is not a private function or a political platform. By weaponizing a public stage to exclude specific individuals, the Mayor misappropriated a public asset, transforming a community celebration into a private vanity project and violating the public trust. 3. Breach of Intergovernmental Decorum: Publicly denying a sitting Miami -Dade County Commissioner's request to honor the City's founding father is a severe breach of intergovernmental decorum. This conduct violates the spirit of the Miami -Dade County Citizens' Bill of Rights, which mandates professionalism, courtesy, and respect from all public officials, and it brings unnecessary embarrassment to the City's reputation. In direct protest of this blatant abuse of power, and out of profound respect for the former Mayors and the Office of the County Commissioner, Commissioner Stuyvesant rightfully declined to participate in the stage presentation, refusing to legitimize or empower exclusionary conduct. A formal censure is the standard and necessary legislative mechanism used by municipal bodies to publicly reprimand an official who acts outside the bounds of their legal authority. By adopting this Resolution, the City Commission formally condemns the breach of decorum, demands a written apology to the affected parties, and reaffirms that all city events belong to the taxpayers. ATTACHMENTS: Resolution Item Number: 9.X 432 RESOLUTION NO. 2026 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, FORMALLY CENSURING THE MAYOR FOR AN ULTRA VIRES ACT, ABUSE OF POWER, AND THE UNILATERAL EXCLUSION OF FORMER ELECTED OFFICIALS FROM A TAXPAYER -FUNDED PUBLIC ANNIVERSARY CELEBRATION; REAFFIRMING THAT CITY EVENTS BELONG TO THE RESIDENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") recently hosted a municipal Anniversary Beach Party, funded by approximately $300,000 in taxpayer dollars, for the express purpose of celebrating the history, incorporation, and community of the City; and WHEREAS, a municipal anniversary is a public celebration that belongs entirely to the residents of Sunny Isles Beach and is not the private domain, property, or political platform of any single elected official; and WHEREAS, Miami -Dade County Commissioner Micky Steinberg attended the anniversary event in an official capacity to present a formal proclamation honoring the City; and WHEREAS, the founding father and former Mayor of Sunny Isles Beach, Norman Edelcup, alongside former Mayor Dana Goldman, were present at this civic celebration; and WHEREAS, when County Commissioner Steinberg and City Commissioner Fabiola Stuyvesant respectfully requested that these historically significant former officials be invited to the stage to be recognized during the reading of the proclamation, the Mayor unilaterally and hostilely denied the request, explicitly stating that they "cannot come to the stage"; and WHEREAS, the Mayor possesses no statutory or legal authority under the City Charter to arbitrarily ban the City's founding father or former elected officials from a public stage at a taxpayer -funded event, making this unilateral exclusion an ultra vires act; and WHEREAS, in direct protest of this blatant abuse of power, and out of profound respect for former Mayor Edelcup and former Mayor Goldman, Commissioner Fabiola Stuyvesant rightfully declined to participate in the stage presentation, refusing to legitimize or empower the Mayor's exclusionary conduct; and WHEREAS, this ultra vires act constitutes a misappropriation of a public forum for personal political animus, a severe breach of the decorum expected of the Office of the Mayor, and caused unnecessary embarrassment to the City's intergovernmental relationship with Miami -Dade County. @BCL@5016C439 Page 1 of 3 433 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Formal Censure. The City Commission hereby formally censures the Mayor for her actions at the Anniversary Beach Party, specifically condemning the ultra vires act of unilaterally denying access to a public stage, the abuse of power, and the unacceptable disrespect shown to County Commissioner Micky Steinberg and former Mayors Norman Edelcup and Dana Goldman. Section 3. Reaffirmation of Public Ownership. The City Commission hereby publicly reaffirms that all taxpayer -funded municipal events, stages, and celebrations belong to the residents of Sunny Isles Beach, and no single elected official possesses the authority to unilaterally exclude historically significant figures from public recognition. Section 4. Apology Demanded. The City Commission formally requests that the Mayor issue a public, written apology to Miami -Dade County Commissioner Micky Steinberg, former Mayor Norman Edelcup, and former Mayor Dana Goldman for the lack of courtesy and respect demonstrated at the event. Section 5. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED on this 19th day of March, 2026. ATTEST: Mauricio Betancur, CMC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney @BCL@5016C439 Page 2 of 3 434 Moved by: sS ciir g=$1 U�sA''leconded by: KG _��t-�A VOTE: Mayor Svechin (yes) (no) Vice Mayor Viscarra (yes) (no) Commissioner Lama (yes) (no) Commissioner Joseph (yes) (no) Commissioner Stuyvesant (yes) (no) @BCL@5016C439 Page 3 of 3 435