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