Proof of Residency

A robbery and a traffic citation may have exposed a dishonest village councilman

By Angie Hargot

Bal Harbour Councilman Joel Jacobi

More than a year after the election — after allegations of unethical campaigning, a damaging decision by the county ethics commission, a lawsuit and almost $100,000 in taxpayer money spent to defend city officials — controversy continues about whether Bal Harbour Councilman Joel Jacobi can rightfully sit on the village dais.

And the whole thing ultimately may have been revealed by a traffic citation and a robbery.

Jacobi, an attorney first elected to the council in 2002, handily won the city’s April 17, 2007, election with 346 votes over candidate Lynne Bloch-Mullen’s 150. Roughly a third of the city’s 1,460 registered voters cast ballots in the election, according to the Miami-Dade County Department of Elections.

But, according to county documents, Bloch-Mullen filed a complaint in Miami-Dade County Circuit Court 10 days later, on April 27, against Joel Jacobi, the Bal Harbour Village Canvassing Board, and Village Clerk Ellisa Horvath and Penelope Townsley, in their capacities as members of that board, “to remove non-resident council member” Jacobi because he didn’t actually live in the city.

The complaint includes what many residents say is proof that Jacobi did not live in the village of Bal Harbour at the time of his election: a series of $1,000 checks written to Jacobi by Rebecca Mivshek, a presumed renter. The checks specify “rent” payments on the notes lines for the small one-bedroom apartment Jacobi said he was living in.

An ensuing Miami-Dade Commission on Ethics and Public Trust investigation found that Jacobi likely rented out his Bal Harbour apartment, one of two properties he owns, while living with his wife in the other: a two-bedroom house in North Miami Beach.

The investigation further revealed that on Feb. 20, 2006, Mivshek was issued a citation by a Surfside police officer for having an incorrect address on her driver’s license — less than a month later, Mivshek applied for and received from the state Department of Motor Vehicles a change of address to the 10178 Collins Ave. address in Bal Harbour, where Jacobi said he lived. “Thus, it appears that this was the location she was renting from Mr. Jacobi and was the source of his rental income,” according to a report from ethics commission investigator Michael Murawski.

The same investigation also found that the North Miami Beach Police Department responded to a May 30 burglary at Jacobi’s other property, located at 17970 N.E. 12th Ave. in North Miami Beach. The ensuing police report states that the home’s resident, Joel Jacobi, “returned home to find more than $8,000 worth of property missing from the home, including men’s suits, watches, a DVD/VCR, a bicycle and some jewelry.” Based on that police report, the ethics commission determined that “this address was not likely the source of his rental income.”

Although Jacobi admitted owning the North Miami Beach property on campaign disclosure forms, he did not report living there. However, the complaint claims that the property’s mortgage documents required Jacobi to live in the house for at least one year after purchasing it.

Because Jacobi could be removed from office for not living in Bal Harbour for a year before his election, many residents claim that he embarked on a massive cover-up and defrauded the city by not disclosing complete financial documents, namely rental income, that could have revealed he was not a resident.

In response to a complaint filed by the Bal Harbour Citizen’s Coalition, the Miami-Dade Commission on Ethics and Public Trust agreed that the councilman did not disclose his rental income, a finding that Jacobi himself accepted in February.

Although both Village Manager Alfred Treppeda and Village Attorney Richard Weiss maintain that the city can’t comment because of pending litigation, Teppeda did confirm that the village charter requires candidates for office to reside within the village for at least one year immediately prior to election.

“The judge will determine whether [Jacobi] meets the residency requirement,” Weiss said. “The village is not taking a position in respect to residency.”

If the judge rules against Jacobi, however, a remedy would have to be determined, and the village is taking a position on that issue — it would hold another election, Weiss said.

Jacobi, who did not report any rental property income on his 2006 financial disclosure forms that the law required him to file as a candidate for public office, listed his Bal Harbour property at 10178 Collins Ave. as his mailing address on candidacy forms.

Claims of residency are not investigated by the village. But the Commission on Ethics and Public Trust, which investigates and decides ethics questions in Miami-Dade County and its municipal governments, determined that there was probable cause to believe Jacobi violated the county’s Conflict of Interest and Code of Ethics Ordinance when he failed to disclose rental income on three separate financial disclosure forms and when he filed a late form.

“Evidence shows that [Jacobi] underreported his rental income received by $2,250. The underreporting of rental income on this form, as well as the alleged misreporting of the source of this income, constitute an additional count to the complaint,” according to the ethics commission’s findings.

Although city officials were standoffish about the pending litigation at their May 20 meeting, residents expressed outrage over what they feel is a gross violation of their trust — many want Jacobi removed and Bloch-Mullen, Jacobi’s only opponent, seated.

“We’re spending $100,000 of the city’s money on his defense,” said Michael Krop, a Bal Harbour resident and former chair of the Miami-Dade County Public School Board. “Frankly, I don’t understand. Ms. Bloch-Mullen would have been elected if not for a last-minute smear campaign.”

“Mr. Jacobi was ineligible,” resident Neil Alter said. “He rented out his Bal Harbour apartment, and he is serving illegally. He violated the charter by sitting and voting on the council.”

Although Jacobi did not return calls for comment, he has reportedly characterized his alleged renter as a houseguest who chipped in on the bills.

“Besides being a taxpayer, I’m representing … other residents,” said Paul Pruess, a Bal Harbour resident. “The Miami-Dade Ethics Commission stipulated that the allegations … are supported by probable cause. He’s violated the county’s code of ethics and has a history of unethical behavior.”

“Every time we have an election in Bal Harbour, it’s a dirty election,” resident Brian Mulheren added.

Still, the councilman does have some supporters.

“We have a process,” said resident Doug Rudolph. “Seventy percent of people voted, and they’re not here [at the meeting] because they’re happy.” He added that Jacobi’s detractors “have caused you to spend money and then blame you for spending it.”

Village Attorney Weiss explained it was incumbent upon the city to finance the defense of the charges because the original lawsuit included the village clerk in her official capacity.

Jacobi is also being blamed for a disparaging letter about Bloch-Mullen that was delivered to residents’ homes before the election.

“She was called everything from an anti-Semite to a criminal in a letter that arrived on a Saturday morning. The election was on Tuesday,” explained Anamaria Kelly.

Weiss said the city might expect some preliminary rulings on the case in the next few weeks, but a trial is not expected until sometime in the fall.

“We’re tired of the ongoing battle,” resident Neil Alter said, referring to Bal Harbour’s roughly 3,222 residents.

Bloch-Mullen herself said she was overwhelmed by the residents’ support.

“There’s so much corruption on this council,” Bloch-Mullen said outside of the council chambers, as friends called her a “martyr” and consoled her. “We need to bring it to light. More important than me being on this council is shedding light on this council.”

Comments? E-mail angie@miamisunpost.com