Judge rules for candidate in resign-to-run case

A judge on Monday denied a petition to disqualify Eugene Flinn from Tuesday's ballot to replace Katy Sorenson on the Miami-Dade County Commission.

Citing Florida's resign-to-run law, attorney and political activist Stephen M. Cody sued Flinn last week for not resigning from his post as mayor of Palmetto Bay before running for county office. Flinn said he did not need to resign because he is term-limited and his term as mayor would not overlap with a potential term as county commissioner.

Circuit Judge Ronald Friedman let Flinn remain on the ballot last week and said he would likely not rule on the case before Tuesday's election.

In an order denying Cody's petition Monday, Friedman wrote that there could be no overlap because Flinn was sworn in as mayor on Nov. 7, 2002. The Palmetto Bay charter says the mayor can only serve a maximum of eight consecutive years, which would mean Flinn's last day would be Nov. 6, 2010 -- 10 days before county commissioners would get sworn in.

"Therefore there can be no overlapping of office and therefore no formal resignation would be required for him to seek the office of County Commissioner," Friedman wrote.

The judge not address a lingering question on timing with Palmetto Bay's elections: If there is a runoff in the village's mayoral race, it would not take place until Nov. 16 -- again, 10 days after the end of Flinn's term according to Friedman's ruling.

"While I respect the judge, I think he's wrong," said Cody, adding that he was "a little surprised" by the order. "We may leave it to the appellate court to sort it out."

Comments

[Enrique Loco]

denied with prejudice. nice try, cody. your scheme backfired. you and the candidate who put you up to this will be exposed. we know which candidate that is, and so will voters very soon.

[Fulanito]

Hey Enrique, don't go after Taddeo just yet. She may not even make it to the top 2

[Lost soul]

Can you say Commissioner Flinn. Has a nice ring to it.

[southdadediva]

By the way... it makes no difference if there is a runoff - Flinn is out office no matter what on Nov. 6. Palmetto Bay will have to depend on their vice mayor.

[JaneMiami]

Cody - on disenfranchise voters: I come from a long line of Americans who have done everything from farming the land in the early 1700's to fighting the wars (starting with the Revolution right through to the wars in the Middle East). You actions on the Flinn case represent everything that I hate about dirty politics and your denigrating comments sicken me to the core. I think it would be best for you just to hide your head in shame while you still have a shred of respect in the community (if it isn't already too late).

[Nancy Murphy]

It is nice when the good guy wins. Good luck today.