FORT LAUDERDALE, Fla. — A Broward County judge has ruled that Pembroke Park commissioners cannot move forward with a vote to remove Mayor Geoffrey Jacobs from office, finding the body does not have the legal authority to decide whether he is eligible to remain in his seat.
In a written order following an evidentiary hearing, Judge Shari Africk Olefson granted a request by Jacobs to stop the town from holding a meeting or taking a vote on his eligibility.
The ruling keeps in place a temporary restraining order that had already halted a planned February meeting where commissioners were expected to address the issue.
The judge made clear that the case is not about where Jacobs lives ― at least not yet.
Instead, the central question before the court was who has the legal authority to decide that issue.
The judge concluded that the town commission does not.
Read the order:
In the order, the judge wrote that the commission “lacks legal authority to vote on the Mayor’s eligibility,” rejecting the town’s argument that it could decide the matter internally through a vote.
The ruling means the commission cannot declare Jacobs ineligible, remove him from office, or declare his seat vacant based on a vote.
The judge explained that while the town charter outlines qualifications for running for office, it does not give commissioners the power to remove a sitting elected official once in office based on their own determination.
The court also emphasized the significance of removing an elected official, noting that such an action would effectively overturn the will of voters.
Because of that, Africk Olefson found that the issue requires judicial review rather than a political decision by the commission.
The order states that Jacobs demonstrated he is likely to succeed on the merits of his claim, one of the legal requirements for granting an injunction. The judge also found that allowing the commission to proceed with a vote would cause irreparable harm, meaning harm that cannot be undone.
The court further found that there is no adequate legal remedy other than court intervention and that blocking the vote serves the public interest.
As a result, the restraining order remains in place and prevents the town from taking action against Jacobs unless and until a court determines whether he is eligible to hold office.
The ruling does not resolve the underlying question of residency, which remains at the center of the controversy.
That issue stems from a Local 10 News investigation that found Jacobs and his wife own a home in Fort Pierce in St. Lucie County that carried a homestead exemption and a $535,000 tax break for veterans with total and permanent service connected disabilities.
Under Florida law, that exemption requires the home to be the owner’s primary residence.
Records also show the home was purchased using a VA backed mortgage that requires the borrower to certify the property as a primary residence.
Following the 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.
Town Attorney Jacob Horowitz, previously addressed the issue in a memorandum to officials. 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 review evidence, “the Circuit Court is ultimately vested with the legal authority to determine whether a commission member is eligible to hold office.”
The town retained outside attorney Michael Garcia, who argued in court that the commission should be allowed to hold a meeting and vote, and that Jacobs could challenge the outcome afterward.
The judge’s order rejects that approach, at least for now, by requiring that the issue be decided in court before any vote can take place.
The case now shifts to a broader legal question of whether Jacobs meets the residency requirements to continue serving as mayor, an issue that could ultimately be decided by a judge in a separate proceeding.
For now, Jacobs remains in office and the town is blocked from taking action against him without further court involvement.
In a statement, Jacobs’ attorney, Michael Pizzi, said that he and his client are “grateful for the Judge’s ruling.”
“We believe this is a victory for everyone who supports the Right of the people to elect their Town Councils and not have the will of the people reversed by politicians,” Pizzi said in an email to Local 10 News, quoted verbatim with original capitalization. “Democracy and the Rule of Law prevailed.”
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