Alan Levine Application PackageLevine Alan
Last Name First Name Middle Initial
910 Bay Drive, #33 Miami Beach
Home Address City
Florida 33141
State Zip Code
91780618149178061814
HomeWork
levine1955@gmail.com
Email Address
9178061814
Cellular
Miami Beach
Business Address
910 Bay Drive, #33
City
Florida
State
33141
Zip Code
Occupation:Business Name:
Lawyer
Please list your preferences in order of ranking [1] first choice [2] second choice, and [3] third choice. Please note
that only three (3) choices will be observed by the City Clerk’s Office. (Regular Boards of City)
Choice 1:
Choice 2:
Choice 3:
Ad Hoc North Beach CRA Advisory Committee
BOARD AND COMMITTEE
APPLICATION FORM
Note:If applying for the At-Large position of the Historic Preservation Board, please answer the below
questions:
Have you ever resided in one of the City's Historic Districts for at least one year?Yes
Miami Beach
Address
From:
Dates
To:
If you answered "Yes", please indicate:
Professional License
No Professional Licenses Submitted.
Note:If you are seeking appointment to a professional seat (e.g. attorney, architect, etc.), you must attach a copy of
your currently effective corresponding professional license.
Pursuant to City Code section 2-22(4) a, b and c: Members of Agencies, Boards, and Committees shall be
affiliated with the city. This requirement shall be fulfilled in the following ways:
NoResident of the City for a minimum of six (6) months:
Demonstrate an ownership interest in a business established in the City for a minimum of six (6) months:No
AFFILIATION WITH THE CITY OF MIAMI BEACH
a.
● I am resident of:North Beach
Or
b.
"Ownership Interest" shall mean the ownership of ten percent (10%) or more (including the ownership of 10%
or more of the outstanding capital stock) in a business.
"Business" shall mean any sole proprietorship, sponsorship, corporation, limited liability company, or other
entity or business association.
c.Full-time employee of such a business (for a minimum of six months); and I am based in an office or
other location of the business that is physically located in Miami Beach (for a minimum of six months):No
Notwithstanding the requirements set forth herein, the qualified full-time employee of a business must be
approved by a 4/7th vote of the Mayor and City Commission.
NOTE: Members of Agencies, Boards, and Committees shall be required to demonstrate compliance with the City
affiliation requirements of section 2-22 (4) a and b of the Miami Beach City Code by executing an affidavit,
stipulating that they have met either (or both) of said affiliation requirements. The original affidavit shall be filled
with the Office of the City Clerk prior to being sworn in as a member.
Or
No● Have you ever been convicted of a felony:If yes, please explain in detail:
● Do you currently have a violation(s) of City of Miami Beach codes:No If yes, please explain in detail:
● Do you currently owe the City of Miami Beach any money:No If yes, please explain in detail:
● Are you currently serving on any City Boards or Committees:No If yes, which board?
● Are you presently a registered lobbyist with the City of Miami Beach?No
● I am applying for an appointment because I have special abilities, knowledge and experience. Please list below:
I am a public interest lawyer and co-founder of the Neighborhood Organization to Save North Beach (NOSNOB).
During the months when NOSNOB organized public meetings to consider the CRA, it was clear that there was
strong sentiment within the North Beach community that favored development that was b
NOTE: IF APPOINTED, YOU WILL BE REQUIRED TO FOLLOW CERTAIN LAWS THAT APPLY TO CITY
BOARD/COMMITTEE MEMBERS. THESE LAWS INCLUDE, BUT ARE NOT LIMITED TO:
o Prohibition from directly or indirectly lobbying city personnel (Miami Beach City Code section 2-459).
o Prohibition from contracting with the city (Miami-Dade County Code section 2-11.1).
o Prohibition from lobbying before board/committee you have served on for period of one year after leaving office
(Miami Beach Code section 2-26)
o Requirement to disclose certain financial interests and gifts (Miami-Dade County Code section 2-11.1).
o Sunshine Law - Florida's Government-in-the-Sunshine Law was enacted in 1967. Today, the Sunshine Law
regarding open government can be found in Chapter 286 of the Florida Statutes. These statutes establish a basic
right of access to most meetings of Boards, Commissions, and other governing bodies of state and local
governmental agencies or authorities.
o Voting conflict - Form 8B is for use by any person serving at the county, city, or other local level of government on
an appointed or elected Board, Council, Commission, Authority, or Committee. It applies equality to members of
advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143.
Florida Statutes.
● In what organization(s) in the City of Miami Beach do you currently hold membership in?
No Organization Information Submitted.
● List the address of all properties owned or in which you have an interest within the City of Miami Beach:
Property
910 Bay Dr, #33
If so, which department and title?No● Are you now employed by the City of Miami Beach:
● Pursuant to City Code Section 2-25 (b):
Do you have a parent, spouse, child, brother, or sister who is employed by the City of Miami Beach?No
If "Yes", identify person(s) and department(s):
No relative's information submitted.
BOARD & COMMITTEE FINANCIAL ACKNOWLEDGEMENT STATEMENT
Acknowledgement of fines/suspension for Board/Committee Members for failure to comply with
Miami-Dade County Financial Disclosure Code Section 2-11.1(i)(2)
I understand that no later than July 1, of each year all members of Boards and Committees of the City of Miami
Beach, including those of a purely advisory nature, are required to comply with Miami-Dade County Financial
Disclosure Requirements.
One of the following forms must be filled with the City Clerk of Miami Beach, 1700 Convention Center Drive,
Miami Beach, Florida, no later than 12:00 noon of July 1, of each year:
1. A "Source of Income Statement;" or
2. A "Statement of Financial Interests (Form 1)¹ ;" or
3. A Copy of your latest Federal Income Tax Return.
Failure to file one of these forms, pursuant to the Miami-Dade County Code, may subject the person to a fine of no
more than $500, 60 days in jail, or both.
_____________________________
¹ Members of the Planning Board and Board of Adjustment will be notified directly by the State of Florida, pursuant
to F.S. §112.3145(1)(a), to file a Statement of Financial Interests (Form 1) with the Miami-Dade County Supervisor of
Elections by 12:00 noon, July 1. Planning Board and Board of Adjustment members who file their Form 1 with the
County Supervisor of Elections automatically satisfy the County’s financial disclosure requirement as a Miami Beach
City Board/Committee member and need not file an additional form with the Office of the City Clerk. However,
compliance with the County disclosure requirement does not satisfy the State requirement.
DIVERSITY STATISTICS REPORT
The following information is voluntary and has no bearing on your consideration for appointment. It is being asked to
comply with City diversity reporting requirements.
WhiteRace/Ethnic Categories
What is your race?
No details providedOther Description:
Gender:Male
Are you Spanish/Hispanic/ Latino? Mark the "No" box if not Spanish / Hispanic / Latino.No
Physically Challenged:No
I HEREBY ATTEST TO THE ACCURACY AND TRUTHFULNESS OF THE APPLICATION; AND I HAVE
RECEIVED, READ AND WILL ABIDE BY CHAPTER 2, ARTICLE VII, OF THE MIAMI BEACH CITY CODE,
ENTITLED “STANDARDS OF CONDUCT FOR CITY OFFICERS, EMPLOYEES AND AGENCY MEMBERS AND
ALL OTHER APPLICABLE COUNTY AND/OR STATE LAWS AND STATUTES ACCORDINGLY.”
I Alan Levine agreed to the following terms on 2/18/2021 11:34:16 AM
Received in the City Clerk's Office by:
Name of Deputy Clerk Control No. Date
Board and Committee Application Checklist: Please ensure you have provided all information before applying or
reapplying to any Board and Committee.
YES
YES
YES
YES
I have answered all questions fully.
I have uploaded a current resume, photograph, and a copy of any applicable professional license.
I have completed and attached the Board & Committee Financial Acknowledgment Statement.
I have completed and attached the Diversity Statistics Report.
If you have any questions, please contact the Office of the City Clerk via email: BC@miamibeachfl.gov or
telephone: 305.673.7411
Note: Florida Statutes 119.071: The role of the Office of the City Clerk is to receive and maintain forms filed as
public records. If your home address, telephone numbers, and/or photograph are exempt from disclosure and you
do not wish your home address, telephone numbers, and/or photograph to be made public, please:
1) Use your office or other address for your mailing address;
2) Use your office or other telephone number for your contact number; and
3) Do not attach a photograph.
June 2019
RESUME
ALAN H. LEVINE
EDUCATION
Colgate University, B.A. 1959 (Phi Beta Kappa; Cum Laude)
Yale Law School, L.L. B. 1962 (member, Yale Law Journal)
EMPLOYMENT
1997 – 2019 Special Counsel, LatinoJustice PRLDEF
1999 - 2019 Adjunct Professor of Law, Brooklyn Law School
1994 -1997 Grantee (with Professor Marcos Guevara) for Project on
International Human Rights and Indigenous Peoples, John D. and
Catherine T. MacArthur Foundation Program on International
Peace and Cooperation
Legal Consultant, Fundacion Iriria Tsochok for the Defense of the
Earth
1994 -1996 Visiting Scholar, Columbia University Center for the Study
of Human Rights
1989 - 1993 Associate Professor of Law and Director, Constitutional Law Clinic
Hofstra Law School
1986 - 1989 Partner, Steel Bellman & Levine, P.C.
1983 - 1986 Counsel, Frankfurt, Garbus, Klein & Selz
1978 - 1983 Partner, Clark Wulf & Levine
1978 - 1981 Adjunct Professor of Law, Cardozo Law School
1975 - 1977 Adjunct Professor of Law, NYU School of Law
1965 - 1977 Staff Counsel, New York Civil Liberties Union
Director, Student Rights Project (1969-72)
1964 - 1965 Staff Counsel, Lawyers Constitutional Defense Committee
(Mississippi, Alabama, Louisiana)
1962 - 1964 Associate, Stroock & Stroock & Lavan
PUBLICATIONS. LECTURES. AND CONFERENCES
The Rights of Students (Southern Illinois University Press (l988) (3d edition co-authors Eve
Cary and Janet Price)
“Jews Are Dishonored By A Blind Defense of Israel,” Haaretz (May 20, 2011)
“The ADL Trip to Israel Was About Propaganda Not Complexity,” (with Gabriel
Schivone), National Institute for Latino Policy (January 23, 2013)
“Is Boycott a Bad Word,” The Hill (July 30, 2015)
“The Unconstitutionality of the Muslim Surveillance Program,” Natl Law Journal (July
2012)
"Introduction," Freedom of Expression, The First Amendment in the Classroom Series
(1988).
"The Right of Students to Fair Disciplinary Procedure," 4 Human Rights 313 (1975).
"Bringing Student Right's to New York City's School System," 1 J. L. Ed. 213 (1972)
"Conscientious Objector," Encyclopedia Americana (1968).
"The Law Went Dark, Too," Op-ed Page, New York Times (August 20, 1977).
"Fighting Censorship," Op-ed Page, New York Times (July 25, 1983).
"42d Street, in Black and White (Mostly White)," Op-ed Page, New York Times (March 19,
1988).
"Impressionable Minds . . . Forbidden Subjects: A Case in Point," Library Journal 595
(February 15, 1973).
Panelist, "Civil Rights Act of 1990", Women's Employment Forum, sponsored by U.S.
Department of Labor and Long Island Women's Council (1990).
Keynote speaker, "Access to Information," Conference sponsored by Southeastern Library
Association (Tallahassee, FL 1983).
Panelist, "Censorship Litigation and the Schools," Colloquium sponsored by American
Library Association (Chicago 1983).
Panelist, Employment Litigation Seminar (Practicing Law Institute 1989).
Panelist, Federal Civil Rights Litigation Seminar (Practicing Law Institute 1977).
Speaker, The Governor's Conference on Violence and Vandalism in the Schools (Kansas
State University 1976).
Panelist, National Institute of Education Conference (Washington D.C. 1975), reported in
"Reflections on Goss v. Lopez," 4 J. L. Ed. 579 (1975).
Panelist, National Convocation on Free Speech (New York City 1978).
Panelist "Obscenity: Degradation of Women Versus Right of Free Speech," Conference
sponsored by NYU Review of Law and Social Change (1978).
Panelist, Conferences sponsored by National Association of Teacher Attorneys (Boston
1978; Sante Fe, N.M. 1984).
Lecture, First Amendment and National Security, Universidad de Norte, Asuncion,
Paraguay (1992)
Lecture (with Professor Marcos Guevara), Indigenous Peoples and Human Rights,
Columbia University Institute of Latin American and Iberian Studies (1994)
Workshop (with Professor Marcos Guevara), Participatory Action Research in Two
Indigenous Communities, Central American Anthropology Congress, San Jose, Costa Rica
(l994)
AWARDS
Council on Inter-American Relations-New York, Defender of Justice (June 2015)
Jews for Racial and Economic Justice, Marshal Meyer Risk-Taker Award (November 2015)
New York Civil Liberties Union, Nassau County Chapter, Free Speech Award (March
2016)
National Lawyers Guild-New York City Chapter, Champion of Justice (June 2017)
MISCELLANEOUS
Member, Commission of Inquiry into High School Journalism convened by the Robert F.
Kennedy Memorial. Its report was entitled Captive Voices (Schocken Books 1974).
Testified before Committees of United States Senate and House of Representatives, New
York City Council, New York City Commission on Human Rights and other City agencies,
New York State legislature and other State bodies.
Lectured at high schools, colleges and law schools.
Member, Federal Courts Committee, Committee on Law and Education, International
Human Rights Committee, Pro Bono and Legal Assistance Committee of the Association of
the Bar of the City of New York; Member Executive Committee, National Lawyers Guild,
New York City Chapter
Member, Board of Directors, New York Civil Liberties Union, Advocates for Children,
Goddard-Riverside Community Center, Bloomingdale Family Program, and Community
Food Resource Center; Member, Advisory Board, Children’s Rights Division, Human
Rights Watch
LITIGATION EXPERIENCE
I have handled both trials and appeals in state and federal courts. The following is a
representative sampling of the reported civil rights cases for which I have been primarily
responsible:
Board of Education Island Trees Union Free School District No. 26 v. Pico, 457 U.S. 853
(1982) (unconstitutional to remove from school libraries books expressing unpopular ideas).
McGee v. United States, 402 U.S. 479 (1971) (upholding requirement that draft protester
exhaust administrative remedies in order to challenge unlawful induction).
United States v. McGee, 462 F.2d 243 (2d Cir. l972), on remand 344 F.Supp. 442
(S.D.N.Y.), affd, 466 F.2d 357 (2d Cir. 1972) (requiring statement of reasons for failure to
reduce sentence).
Centro de la Comunidad Hispana de Locust Valley v. Town of Oyster Bay, 420 F. App’x 97
(2d Cir. 2011) (affirming preliminary injunction against enforcement of ordinance barring
solicitation of employment from public sidewalks, remanding for further proceedings), ---F.
Supp. 2d---, ----F.3d---- (2d Cir. 2017) (affirming grant of permanent injunction).
Almontaser v. New York City Dept. of Educ., 519 F.3d 505 (2d Cir. 2008) (affirming denial
of preliminary injunction to Arab-American principal alleging that forced resignation was
based on controversial public comments).
El Bohio Public Development Corp. v. Giuliani, 208 F.3d 202, 2000 U.S. App. Lexis 5601
(2d Cir. 2000)(constitutional challenge to sale of City-owned building housing controversial
community center).
New York City Environmental Justice Alliance v. Giuliani, 50 F.Supp. 2d 250 (S.D.N.Y.),
aff’d 214 F.3d 65 (2d Cir. 2000)(challenge to sale of community gardens alleging race
discrimination).
John Doe No. 1 v. Village of Mamaroneck, 462 F.Supp. 2d 520 (S.D.N.Y. 2006) (enjoining
racial discrimination against day laborers seeking employment in Village)
United States v. Kiger, 297 F.Supp. 339 (S.D.N.Y.), affd 421 F.2d 1396 (2d Cir. 1960)
(arguing that burning of draft card protected by First Amendment).
Presidents Council District 25 v. Community School Board No. 25, 457 F.2d 289 (2d Cir.
1972) (upholding removal of books from school libraries).
Heagney v. European American Bank, 122 F.R.D.125 (E.D.N.Y. 1988) (authorizing opt-in
class in age discrimination case).
Jacobson v. Coughlin, 523 F. Supp. 1247 (N.D.N.Y. 1983), affd 688 F.2d 815 (2d Cir.
1982) (establishing right to confront evidence in prison disciplinary proceedings).
Lankford v. Foster, 546 F.Supp. 241 (W.D.Va. 1982), aff’d unpublished opin. 716 F.2d 896
(4th Cir. 1983) (habeas corpus granted on the basis of ineffective assistance of counsel).
Teague v. Alexander, 662 F.2d 79 (D.C. Cir. 1981) (challenge to program of selecting
protesters for tax audit).
Choudhurv v. Polytechnic Institute of New York, 735 F.2d 38 (2d Cir. 1984) (employment
discrimination case establishing § 1981 cause of action for retaliation).
Anastasato v. Commissioner of Internal Revenue, 794 F.2d 884 (3d Cir. 1986) (challenge to
use of presumptions in non-reporting of tax case).
Dinler v. City of New York, 2012 U.S. Dist. LEXIS 141851 (S.D.N.Y. 2012) (rejecting
claim that arrests of protesters at Republican National Convention could be justified on
theory of group probable cause).
Abd’Al-Malik v. Giuliani, 2004 WL 2375817, 2006 WL 3371795, 2006 WL 2950235
(S.D.N.Y.)(challenge to NYPD policy of denying Desk Appearance Tickets and summonses
to persons arrested at demonstration).
Knight v. Board of Regents, 269 F.Supp. 339 (S.D.N.Y. 1967) (3-Judge Court) (challenge to
teacher loyalty oath).
Law Students Civil Rights Research Council v. Wadmond, 299 F.Supp. 117 (S.D.N.Y.
1969) (3-Judge Court) (challenge to bar admission process requiring disclosure of beliefs).
Central American Refugee Center v. City of Glen Cove, 753 F.Supp. 437 (E.D.N.Y. 1990)
(challenging law prohibiting discussions of employment between persons on sidewalk and
in cars)
Legal Aid Society v. City of New York, 114 F.Supp. 2d (SDNY 2000)(suit challenging on
First Amendment and NLRA grounds termination of Legal Aid contract following strike by
lawyers)
Abreu v. Callahan, 971 F.Supp. 799 (S.D.N.Y. 1997) (upholding exclusion of legal
permanent residents from receipt of federal SSI benefits)
Vanasco v. Schwartz, 401 F.Supp. 87 (E.D.N.Y. 1975) (3-Judge Court) (declaring
unconstitutional provision of New York election law prohibiting "misrepresentations").
Goetz v. Ansell, 477 F.2d 636 (2d Cir. 1973) (upholding right of public school students to
remain seated during flag salute ceremony).
Kimball v. Selective Service Local Board No. 15, 283 F.Supp. 606 (S.D.N.Y. 1968)
(prohibiting withdrawal of draft deferments in response to political activities).
Bellnier v. Lund, 438 F.Supp. 47 (N.D.N.Y. 1977) (search of entire class violates Fourth
Amendment).
Caplin v. Oak, 356 F.Supp. 1250 (S.D.N.Y. 1973) (challenge to limitations imposed on
distribution of literature by students).
Forty-Second Street Co. v. Koch, 613 F.Supp. 1416 (S.D.N.Y. 1985) (First Amendment
challenge to condemnation of movie theaters as part of redevelopment project).
CISPES v. Federal Bureau of Investigation, 738 F.Supp. 544 (D.D.C. 1990) (challenge to
dissemination of files deriving from unlawful surveillance of political activity).
Lyons v. Cunningham, 583 F.Supp. 1147 (S.D.N.Y. 1983) (attorneys fees opinion in
damage action arising out of prison suicide).
Center for United Labor Action and Siblev, Lindsey & Curr Co., 219 N.L.R.B. No. 158 90
LRRM 1004(1975)(exempting political organizations from federal statutory prohibition
against secondary boycotts by labor organizations).
Awad v. Fordham University, 2019 Misc. LEXIS 4720 (JULY 29, 2019) (order requiring
University to recognize Students for Justice in Palestine as official club).
Waldbaum. Inc. v. United Farm Workers. AFL-CIO, 87 Misc.2d 267 (S.Ct. 1976)
(upholding right of secondary boycott under New York Labor Law).
Matter of Pamela P. v. Frank S., 59 N.Y.2d 1 (1983) (defense of paternity proceeding on
ground that woman falsely claimed to be using contraception).
People v. Remenv, 40 N.Y.2d 257 (1976) (declaring unconstitutional restriction on
distribution of commercial leaflets).
People v. Solomonow, 56 Misc.2d 1968 (S.Ct. 1968) (declaring unconstitutional prohibition
of demonstrations in vicinity of Russian Embassy).
From:Alan Levine
To:Granado, Rafael
Cc:D’Agostin, Charles; Williams, Rickelle
Subject:Re: Nomination to the Ad Hoc North Beach CRA Advisory Committee
Date:Wednesday, February 24, 2021 10:40:16 AM
Attachments:image001.png
[ THIS MESSAGE COMES FROM AN EXTERNAL EMAIL - USE CAUTION WHEN
REPLYING AND OPENING LINKS OR ATTACHMENTS ]
Dear Mr. Granado,
This will confirm that I have resided within the North Beach CRA boundaries, or a
300 feet radius thereof, for more than five years.
Alan Levine
On Wed, Feb 24, 2021 at 10:03 AM Granado, Rafael <RafaelGranado@miamibeachfl.gov>
wrote:
Good morning Mr. Levine,
Congratulations!
You have been nominated for appointment to the Ad Hoc North Beach CRA
Advisory Committee.
The Resident Category that you have been nominated to, requires that:
One (1) of the seven (7) members must currently reside within North Beach (the
area generally located north of 63rd Street) for a minimum of five years, and three
(3) of the seven (7) at-large members must currently reside within the geographic
boundaries of the North Beach CRA area, or within a 300 foot radius thereof, for a
minimum of five years.
In order to proceed with your nomination, please email me back a statement
confirming whether you comply with the FIVE YEAR MINIMUM RESIDENCY
requirement.
Regards,
Rafael E. Granado, Esq., City Clerk
OFFICE OF THE CITY CLERK
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305.673.7411 rafaelgranado@miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and
play in our vibrant, tropical, historic community.