Miami Attorney ‘Tricky Vicky’ appeals order on recall ‘Crazy Joe’ petitions

After a pretty solid legal victory Tuesday — in which a Circuit Court judge ordered City Clerk Todd Hannon to deliver 1,914 petitions turned into the city last week to the Miami-Dade Supervisor of Elections no later than Wednesday — the group trying to recall Miami Commissioner Joe Carollo is headed back to court on Friday for round two.

Because City Attorney Victoria Mendez is a sore loser who likes to spend the taxpayer’s own money oppressing their rights.

“Sour Grapes” Mendez — whose emails show that her office has been researching and working to delay, stop or challenge the recall since before the first petition was signed — seems to have dug her heels in (wonder where she gets that from). She quickly appealed Circuit Judge Alan Fine‘s ruling Tuesday, saying the appeal grants the city a stay for the petitions because governments get an automatic stay on appeals for a variety of reasons.

But not for this one, say the attorneys for the Take Back Our City political action committee, which collected the petitions and delivered them electronically on Feb. 29 and in person March 2. JC Planas and David Winker both say that this is a way for the city attorney to continue to protect Carollo and delay the inevitable. They filed an emergency motion Wednesday to vacate the stay, because the appeal is not on a violation of law but on a “ministerial duty” the judge already deemed a legal obligation.

“There is no statutory authority investing the Clerk with the discretion or authority exercised by the Clerk in this case,” Fine wrote in his ruling. In other words, Hannon didn’t have the authority to deny or accept the petitions. That’s the county’s job. His only role is in taking temporary possession of the petitions and deliver them to the county.

The PAC lawyers also said that when Carollo became a party to the action, it put the onus of any appeal on him. Not the city, which has already wasted enough taxpayer money on this illegal activity.

“The Court orally stated that as Carollo is now a party to this action, it would be up to him to bring forth any possible challenges to the recall, including whether or not the petitions were timely filed under the Florida Recall Statute,” the motion reads. “In sum, the Order of the Court was narrowly tailored to the limitations on the power and duty of the City Clerk upon receipt of the petitions, reserving any decision on other matters to a future Motion by Carollo.”

And Carollo attorney Ben Kuehne also appealed on the Crazy Joe’s behalf, so why is the city still involved? To delay, delay, delay. Not only can they try to first pass the anti-recall ordinance, which is coming before the city commission on second reading on Thursday. But also so they can try to force the recall PAC — which wants to time their process so that the recall election is held at the same time as the August primary — to require a special election, which would cost the city. Then they would have something to point to. Aha! This is going to cost the city! An unfunded mandate! But it doesn’t have to be.

“As a recall of a municipal official is part of the election statutes, this matter revolves around an election. As there are currently set primary and general elections in the upcoming 8 months, there are limited times in which a possible recall election of Joe Carollo may be held. For this reason, it is imperative that this matter not be delayed,” the PAC attorneys wrote, adding that both Florida Rules of Judicial Administration and precedent is on their side.

Furthermore, they say, nobody at the city ever said anything about this at the hearing Tuesday. First, the city suggested that the PAC attorneys take the petitions to the county themselves! Ha! That would have made the petition void because it would have broken the chain of custody. The PAC attorneys know this, so they laughed and said no way. But the city attorneys know this, too. So, that means their offer was a trick.

Then Judge Fine suggested the city take the petitions with them when they left and Planas noted that, since there is early voting until 7 p.m., they could be delivered that very day. The city attorney’s office declined and said their client, Clerk Hannon, would make arrangements to take possession on Wednesday. The judge said he would keep the petitions in his chambers overnight and that Hannon was to pick them up, based on the city attorney’s statements to the court, Wednesday morning.

“The City neither indicated it would appeal nor asked the Court for an immediate stay of the proceedings, knowing that the Court was keeping temporary possession of the petitions,” the PAC lawyers also note in their motion. “Less than an hour after receiving the Order of the Court, the City appealed the Order.”

That tricky Vicky. She tried to dupe the judge! She didn’t know when she left the courtroom that she was going to appeal? I wonder if Fine is going to like how disingenuous the city attorneys were in his courtroom Tuesday when he sees them again.

The emergency hearing is Friday afternoon. The judge gave the city until Friday morning to make any defense in writing, otherwise they will all be back at Cielito Lindo at 2:30 p.m. Ladra doesn’t know why he gave them the option to argue this decision should be up to the Third District Court of Appeals, but he did. And I bet Tricky Vicky will take it.

But, if he doesn’t let her, city attorneys will go to court twice in one week to try to stop a recall election on behalf of one of the commissioners. Ladra is confident the PAC attorneys prevail again — and that Mendez will interfere again. It seems her job depends on it.

Which is precisely why she shouldn’t be involved.

Joe Carollo, Joe Carollo recall, Victoria Mendez

Miami Attorney ‘Tricky Vicky’ appeals order on recall ‘Crazy Joe’ petitions added by Ladra on March 12, 2020
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