Filing # 166998509 E-Filed 02/16/2023 10:10:35 PM

IN IN THE CIRCUIT COURT OF THE

ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI/ DADE COUNTY,
FLORIDA
GENERAL JURISDICTION DIVISION

HECTOR MEDINA, WANCITO FRANCIUS,

ALINA MEDINA, RICHARD SULLIVAN and
WILLIAM WELSH

Plaintiffs,

vs. CASE NO.: ______________________

THE CITY OF NORTH MIAMI, FLORIDA,

ALIX DESULME and SCOTT GALVIN

Defendants.
_____________________________________/

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Plaintiffs, Hector Medina, et al. (“Plaintiffs”), by and through undersigned

counsel, files this complaint against the Defendant, the City of North Miami

(“North Miami”) and the named Councilmembers, ALIX DESULME and SCOTT

GALVIN. This action is initiated pursuant to § 86.021, Florida Statutes and in

accordance with the general equity jurisdiction of the Court as established in

§26.012, Florida Statute.

INTRODUCTION

Citizens who live in any municipality under a democratic system have a

right to free and fair elections pursuant to their municipal Charter. They have

an expectation that the Charter will be upheld by their elected leaders and no

action will be taken to unlawfully extend the term of office of any elected or

appointed leader without a proper vote by the residents to amend the Charter.
The Charter of North Miami provides for municipal elections in May of odd

numbered years, as well as limits of time in office for its elected officials. The

North Miami City Council has violated the trust of its citizens by voting for an

illegal ordinance to move the election from May 2023 to November 2024,

extending the term in office of several Councilmembers. As per the City Charter,

this requires a referendum to amend the Charter and regardless of state law,

cannot be accomplished by Ordinance.

PARTIES AND STANDING

1. Plaintiff, HECTOR MEDINA is a resident of North Miami residing at

1270 NE 24 Street, North Miami, Florida 33161. He is a registered voter in the

City of North Miami and a registered candidate for Mayor in the election that was

due to take place on May 9, 2023. As a registered candidate for office and

qualified elector in North Miami, Medina has standing to bring this suit. [Exhibit

“A”]

2. Plaintiff, Wancito Francius is a resident of North Miami residing at

55 NE 130 Street, North Miami, Florida 33161. He is a registered voter in the

City of North Miami and a qualified elector with standing to bring this suit.

[Exhibit “B”]

3. Plaintiff, Alina Medina a resident of North Miami residing at 1270

NE 24 Street, North Miami, Florida 33161. She is a registered voter in the City

of North Miami and a qualified elector with standing to bring this suit. [Exhibit

“C”]

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 4. Plaintiff Richard L. Sullivan is a resident of North Miami residing at

1670 NE 137 Terr., North Miami, Florida 33161. He is a registered voter in the

City of North Miami and a qualified elector with standing to bring this suit.

[Exhibit “D”]

5. Plaintiff, William E.B. Welsh is a resident of North Miami residing at

2032 NE 120 Road, North Miami, Florida 33161. He is a registered voter in the

City of North Miami and a qualified elector with standing to bring this suit.

[Exhibit “E”]

6. Additionally, while not registered Plaintiffs, the individuals listed are

interested parties who will join in the process upon the commencement of

litigation. [See Composite Exhibit “F”]

7. Defendant, City of North Miami (North Miami) is a municipality

(municipal corporation) in the State of Florida, chartered in accordance with the

Florida Statutes as well as Section II, Article VIII of the Florida Constitution.

8. Defendant, ALIX DESULME is the Mayor of North Miami who voted

for the illegal ordinance. He was appointed Mayor on December 13, 2022, after

serving as a member of the City Council since 2009. Under the terms of the

Charter, his appointment is only valid until the next City election which should

have been set to take place in May 2023. As a result of the actions of the Council,

he will then serve as an un-elected Mayor for an additional eighteen (18) months.

He is sued in both his official capacity as Mayor and on an individual basis as

he MUST face election [Exhibit “G”]

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 9. Defendant, SCOTT GALVIN, is the longest serving Councilmember

in North Miami and also voted for the illegal ordinance. First elected in 1999, he

was re-elected several times before term limits took effect in 2013. He began his

sixth and final consecutive term as District 1 Councilman in May 2019. By

Charter, he is NOT allowed to hold office past May 2023. He is sued in his official

capacity and individually as he MUST vacate office in May 2023.

JURISDICTION AND VENUE

10. The complaint for declaratory and injunctive relief is filed pursuant

§ 86.021, Florida Statutes and in accordance with the general equity jurisdiction

of the Court as established in §26.012, Florida Statute asking this Court to

declare that North Miami was not lawfully permitted to cancel their upcoming

municipal election, unlawfully extending the terms of several elected officials.

11. As North Miami is a municipality located entirely within Miami-Dade

County, Florida, venue is proper in the 11th Circuit in and for Miami-Dade

County.

FACTUAL ALLEGATIONS

12. North Miami was incorporated as a city in 1953. Over the years,

their City Charter has been amended numerous times, most importantly, in

2013.

13. Sec. 10 of Article III of the City Charter, inter alia, provides for:

a. Single member districts for councilmembers.

b. A Mayor elected by the City, at-large that chairs the City Council.

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 c. Term limits for the Mayor and Councilmembers that reads in

pertinent part: “On the second Tuesday in May of each odd-

numbered year, two (2) councilmembers shall be elected for a four-

year term. No councilmember including the mayor shall serve more

than two (2) consecutive terms beginning with the election in 2013.

The mayor shall be elected for a two year term. Service will be

deemed consecutive unless there is a two-year period during

which the individual does not serve as councilmember or mayor

("Break in Service"). Any person serving the maximum amount of

years as mayor must have a two-year Break in Service before

serving as councilmember. Any person serving the maximum

amount of years as councilmember is not mandated to have a two-

year Break in Service before serving as mayor. . . . the mayor shall

not serve as mayor for more than two (2) consecutive terms…”

14. The Charter provides for elections to amend the City Charter as per

state law. No provision of the Charter allows for amendments to the Charter by

ordinance.

15. On December 13, 2022, the North Miami City Council passed

Ordinance 1502, changing the date of the general election from the second

Tuesday in May 2023 until the November 2024 election. The result of the

ordinance was to extend the terms of several members of the Council, past their

limited term in office as per the City Charter. [See Exhibit “H”]

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 16. In addition to the unlawful extension of the terms in office of term-

limited councilmembers, the ordinance has disenfranchised the Plaintiffs and

the rest of the voters in the City of North Miami.

17. Despite the ordinance citing the Florida Statutes, the statutes do

NOT allow for a chartered municipality to unlawfully extend the terms of their

term-limited members by simple ordinance of the City Council.

COUNT I: DECLARATORY RELIEF

18. Plaintiffs reaffirm and reallege paragraphs numbered 1 through 17

as set forth above.

19. Plaintiffs are in doubt as to their right, title, status, or interest as a

North Miami residents and electors with regard to the City Charter, as well as

the constitutional and statutory authority employed by the City Council in

cancelling the May 2023 election and extending the terms of the current term-

limited members of the City Council.

20. This is a material and legitimate concern that requires a prompt

judicial declaration.

21. Plaintiffs are entitled to a judicial declaration as to their rights, title,

status, or interest, declaring that the City of North Miami did not have the proper

authority to amend their City Charter and change the date of the election,

unlawfully extending the terms of several councilmembers, without a

referendum of the City.

COUNT II: INJUNCTIVE RELIEF

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 22. Plaintiffs reaffirm and reallege paragraphs numbered 1 through 17

as set forth above.

23. Plaintiffs are entitled to the entry of a temporary and permanent

injunction to prevent the City of North Miami from enforcing its illegal ordinance

and require the Court to act with an affirmative injunction to reinstate the May

2023 election.

24. Plaintiffs, and the residents and voters of North Miami will suffer

irreparable harm if the Court fails to grant injunctive relief as an election has

been postponed for over a year without just cause. The residents are entitled to

elections every four years as per their Charter.

25. The Plaintiffs and residents of North Miami have no other adequate

remedy at law to enforce their Charter other than an injunction entered by this

Court. No other action will suffice and rectify the violation of the law inflicted

upon them by the City Council.

26. The Plaintiffs have a substantial likelihood of success on the merits

of this action. Two different Florida Attorneys General have opined that the

Florida Statutes do NOT give authority to charter municipalities to amend their

Charter without referendum and cannot extend the terms of elected officials

when the limit of terms is specifically stated in the City Charter1. Moreover,

while the statutory authority cited by the City could allow a non-charter city to

move its election day up several months to coincide with the state general

1 Fla. AGO 2013-05 (Fla.A.G.), 2013 WL 1384295. Fla. AGO 94-31 (Fla.A.G.), 1994 WL
199425.
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election, there is no explicit provision in the Statutes that allows for a move that

postpones an election, especially in a city with a municipal charter that does not

rely on the Legislature for local bills. For this reason, two separate Florida

27. Finally, the issuance of an injunction is most definitely in the public

interest as the rights of voters to a free and fair election, held in a timely manner

should not be infringed upon by any government. The voters in North Miami

had an expectation of an election in May 2023. If the City Council was merely

looking to economize by saving money on holding an election coinciding with the

statewide county election, it had the ability to have either acted upon this last

year and moved UP the election to the 2022 general election or have held a city

wide referendum to allow voters to approve the extension of the terms of the

various councilmembers whose terms have been unlawfully extended.

WHEREFORE, the Court is respectfully requested to assert and assume

jurisdiction and enter judgment asserting that the City of North Miami did NOT have

the authority to amend their Charter by ordinance thus unlawfully moving the

municipal election from May 2023 to November 2024 and extending the terms of its

elected officials. The Plaintiffs also request an injunction of this Court, reinstating the

May 2023 election.

Respectfully Submitted this 16th day of February 2022 by,

Law Firm of Juan-Carlos Planas, P.A.

2332 Galiano Street, 2nd Floor
Coral Gables, FL 33134
(850) 980-6542
Email: jcplanas@planaslawfirm.com
By: ___s./_J.C. Planas__________
Juan-Carlos Planas, Esq.
Fla. Bar No.: 156167