Dermer Redux

Miami Beach commissioners may forgo an election and appoint former Mayor David Dermer to fill Richard Steinberg’s seat 

By Ben Torter

David Dermer

To elect or to appoint, that is the question being debated by Miami Beach commissioners, activists, union leaders and other concerned citizens.

Mayor Matti Herrera Bower set off the buzz last week when she suggested that, rather than hold an election to fill the last year of Commissioner Richard Steinberg’s term when he leaves to run against North Bay Village Mayor Joe Geller for state Rep. Dan Gelber’s position, it might make sense to appoint former Mayor David Dermer as a “caretaker.”

“We had an example of what could happen on a one-year position,” Bower said, referring to former Commissioner Michael Gongora. He ran in 2006 to fill the position vacated by Commissioner Luis Garcia, who stepped down and successfully ran for state representative. Gongora was in office for only a couple of months before he had to start campaigning again, only to lose to Ed Tobin in November.

Commissioners, expressing awe at the possibility of having Dermer back on the dais, agreed by a 6-1 vote that he would be their man if they decide to make an appointment. Commissioner Jerry Libbin was the sole dissenter.

“We owe it to the public to let them pick,” Libbin said.

The commission has not yet decided to appoint. It only expressed the sentiment that if it does, Dermer is the overwhelming favorite. Steinberg has until June 6 to turn in his letter of resignation.

According to Section 2.07 of the city charter, “the City Commission may fill the vacancy by either appointment or having a special election,” Deputy City Attorney Jean Olin said.

Days later, Commissioner Jonah Wolfson crafted a three-page opinion that the commission has no choice but to appoint Steinberg's replacement. He cited from the city charter "any vacancy occurring in the city commission shall be filled by the vote of the majority of the remaining members." The city attorney's response to Wolfson's opinion wasn't ready by press time.

Past commissions have split on the issue.

On Feb. 20, 1973, Dr. Simon J. Wikler won a special election to fill the term of Jerome Green, who resigned in November 1972 to run for the state Legislature. On Jan. 6, 1971, attorney Harold Rosen was appointed to complete the term of Commissioner Norman Ciment after he resigned. Three years later, Rosen was appointed mayor when Chuck Hall died. A special election was held to fill Rosen’s vacated commission seat. Rosen is now a powerful lobbyist and familiar figure around City Hall.

Walter Kaplan was appointed on Aug. 7, 1980, to fill the balance of Mike Friedman’s term when he resigned to run for state Senate.

The last appointment was July 11, 1984, when Stanley H. Arkin filled S.J. Eisenberg’s term after he resigned to run for state Legislature.

If the commission chooses to fill the position by appointment this time, it can only be done between Nov. 5 and Dec. 5. It has until July 16 to call for an election. 

Bower said she would not appoint anyone who would turn around and use the seat as a bully pulpit from which to run for re-election, that the position would only be that of caretaker.

“By caretaker I mean a person that would sit here and be a commissioner and be willing not to run for that position — a public servant who would do it this one time to hold the place,” Bower said.

Dermer, who already served one four-year commission term and three two-year mayoral terms, agreed not to run.

However, Luis Salom and Gabrielle Redfern are both registered candidates and still plan to run. Bower said it would make more sense for them to run in 2009, when she and Libbin will be up for re-election, Steinberg’s term will have ended and Commissioner Saul Gross will be termed-out of office.

“I’m 90 percent in favor of an election, but sometimes there’s a person who’s so unique and qualified that it makes sense to bring them back,” Gross said a few days after the topic was breached.

Commissioner Deede Weithorn noted that, this being a presidential election year, twice as many voters would likely go to the polls so it will be “twice as expensive to run a campaign.”

Others argued that the November election is the perfect opportunity for voters to decide on Steinberg’s replacement.

Neither Salom nor Redfern want to wait until 2009.

“I’m committed to run for City Commission Group 3,” said Redfern, who is actively collecting campaign money.

She and Salom both said that Miami Beach residents have a right to vote and that the campaign process is important, even if a candidate must do it two years in a row.

If Salom won, it would mean three consecutive years of campaigning. He’s okay with that and said he might even use his own money, so he isn’t indebted to anyone.

“They say caretaker, but no matter what, you will be a commissioner,” said Salom, who lost a tough race to Wolfson last year. He said he likes Dermer, but, on principle, urged the commission to hold an election.

“David [Dermer] could also file his name in there and run against us, and probably would win,” Salom said.

Since Dermer handed the reins over to Bower in November, he’s been enjoying life in the private sector and said he hasn’t given any thought to running for public office.

“I’ve been doing a little mediation and some writing, and all sorts of things on a personal level,” Dermer said.

The popular former mayor, who turned 45 on March 16, hasn’t lost his well-known sense of humor.

“What is somewhat strange for me, if the appointment did go through, I would be sitting as the second youngest on the commission, and I’ve already been there 10 years.”

The city charter doesn’t allow a commissioner to serve more than eight consecutive years nor a mayor more than six consecutive years. Those term limits were voted into law in a Nov. 5, 1996, special election. Technically, Dermer is eligible to run for commission this year, and could run again for mayor or commission in 2009, though he promised he wouldn’t.

“I would not be running for the seat at the end of the year,” Dermer said.

Bower said Dermer’s popularity and intimate knowledge of city business and players make him ideal for the post, especially with looming budget cuts.

“He knows the unions; we’re going to go into a lot of negotiations,” Bower said.

Police, fire and Communication Workers of America union contracts end Sept. 30, 2009, meaning negotiations are likely to begin next April.

“Certainly there would be some financial challenges with the budgets and contracting,” Dermer said. “It’s always worked out and I’m sure it will again.”

Dermer endorsed Bower in her successful mayoral run against former Commissioner Simon Cruz last year, but the unions were not behind her because she would not rule out cutting their budgets.

Whatever the commission decides, Bower said she wanted to get an early consensus for Dermer because other names had been thrown at her already, and she wants to avoid being lobbied anymore.

“The names were given to me by the establishment that did not support me,” Bower said. “I got concerned that somebody was making something happen and I didn’t know what it was.”

Comments? E-mail ben@miamisunpost.com