FORT LAUDERDALE, Fla. — Pembroke Park Mayor Geoffrey Jacobs appeared in Broward County court Wednesday as part of a legal fight with the very town he leads, attempting to stop fellow commissioners from moving forward with a vote that could remove him from office.
The dispute stems from a Local 10 News investigation into Jacobs’ residency and whether he still meets the town’s requirement that elected commissioners live within their district.
An in-person evidentiary hearing was held before Broward County Judge Shari Africk-Olefson.
Jacobs is seeking to extend a temporary restraining order that halted a planned Feb. 10 special commission meeting where commissioners were expected to discuss and vote on whether Jacobs still qualifies to hold office.
Jacobs’ attorney, former Miami Lakes Mayor Michael Pizzi, argued that the commission does not have the legal authority to remove one of its own members.
“What the city is doing here is black-letter law illegal,” Pizzi told the court.
Pizzi argued that the town charter does not give commissioners the authority to remove an elected official through a vote.
“There is nothing in the city charter that gives any city commissioner the right to remove one of their own members by a simple vote,” Pizzi said.
According to Pizzi, removing Jacobs without a court process would go against the will of voters who elected him.
Just before the Feb. 10 meeting was set to begin, Jacobs obtained a temporary restraining order that halted the meeting and prevented commissioners from holding the vote.
The town has since asked the court to lift that order.
Outside attorney Michael Garcia, who was hired by the town to represent it in the matter, argued that the court should not intervene before the commission takes action.
“Our position is this is a legislative matter for the city commission,” Garcia told the judge. “However they vote… after that vote, if Mr. Jacobs feels he has an action, he can bring it back to the court.”
Garcia argued that the issue is premature for the court to decide and that the commission should first be allowed to hold its meeting and vote.
Town Attorney Jacob Horowitz was also present in court. He had previously addressed the issue in a memorandum to the mayor and commissioners.
In that memo, Horowitz wrote that “the proper venue to challenge the eligibility of an individual to hold office as a Commissioner of the Town of Pembroke Park is the Circuit Court in Broward County.”
Horowitz also wrote that while the commission can hold a public hearing and review evidence, “the Circuit Court is ultimately vested with the legal authority to determine whether a commission member is eligible to hold office.”
The legal dispute began after a Local 10 News investigation examined where Jacobs actually lives.
The investigation found that Jacobs and his wife own a St. Lucie County home in Fort Pierce that had received a homestead exemption. Records show the property also carried a $535,000 tax exemption for veterans with total and permanent service connected disabilities.
Under Florida law, the exemption is only available for a property that is the owner’s primary residence.
Public records also show the home was purchased using a VA-backed mortgage, which requires the borrower to certify that the property will be used as a primary residence.
Following the Local 10 News investigation, Jacobs lost the $535,000 tax exemption tied to the Fort Pierce property.
Jacobs has maintained that he lives in Pembroke Park and remains registered to vote in Broward County.
The Pembroke Park town charter requires commissioners to live within the town. Some commissioners believe Jacobs no longer meets that requirement and have sought to move forward with a vote addressing his eligibility.
Jacobs declined to answer questions from Local 10 News as he left the courthouse Wednesday.
When asked why he would not speak about the exemptions tied to the St. Lucie County property or the requirements of the VA loan, Jacobs responded, “I’d rather talk to the National Enquirer.”
Africk-Olefson said she will review the arguments presented in court before deciding whether the temporary restraining order should remain in place or be lifted.
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