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2009-27107 ResoRESOLUTION NO. 2009-27107 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH, CONCERNING THE RE-APPOINTMENT OF JUDGE MARIO P. GODERICH, TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON SEPTEMBER 5, 2009, AND ENDING ON MARCH 4, 2010; PROVIDED FURTHER THAT CHIEF SPECIAL MASTER, JUDGE GODERICH SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY AND COUNTY CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS; AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF, CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER. WHEREAS, Section 30-2 of the Code of the City of Miami Beach provides for an alternative code enforcement system wherein Special Masters are authorized to hold hearings and impose fines, liens and other non-criminal penalties against violators of City and County Codes and Ordinances; and WHEREAS, Section 30-36 of the City Code, entitled "Appointment of Chief Special Master," provides for the appointment of a Chief Special Master to fulfill the above referenced duties; and WHEREAS, pursuant to Section 30-36 of the City Code, appointment of the Chief Special Master is established upon the City Commission's acceptance, by a majority vote, of the recommendation for appointment by the City Manager; and WHEREAS, the City Manager hereby recommends re-appointment of Judge Mario P. Goderich to as Chief Special Master for the City of Miami Beach, for a term commencing on September 5, 2009, and ending on March 4, 2010; and WHEREAS, all other matters set forth within Chapter 30 of the City Code, including, without limitation, Sections 30-37 and 30-38 regarding compensation and duties of the Chief Special Master, shall continue to apply and remain in full force and effect; and WHEREAS, the Chief Special Master and each Special Master, shall be prohibited from engaging in practice where he/she presents a client in a manner adverse to the interests of the City of Miami Beach, and shall further be prohibited from lobbying the City during his/her service with the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Section 30-36 of the Code of the City of Miami Beach, concerning the re-appointment of Judge Mario P. Goderich, to serve as Chief Special Master, for a term commencing on September 5, 2009, and ending on March 4, 2010; provided further that, as Chief Special Master, Judge Goderich shall be authorized to hold hearings and impose fines, liens and other non-criminal penalties against violators of City and County Codes and Ordinances, and shall also be authorized to appoint such other Special Masters as may reasonably be 2009-27107 required to conduct the subject hearings; and further incorporating all other matters set forth within Chapter 30 of the City Code including, without limitation, Sections 30-37 and 30-38 thereof, concerning the compensation of the Chief Special Master. PASSED and ADOPTED this 15''' day of July, 2009. ATTEST: A OR Matti Herrera Bower CITY CLERK Robert Parcher T:\AGENDA\2009\July 15\Consent\Judge Goderich- Chapter 30 Reso.doc APPROVED AS TO & F,C~R EXECUTION ~~ L ttorney ate COMMISSION ITEM SUMMARY Condensed Title: Re-appointment of Judge Mario P. Goderich as Chief Special Master. Key Intended Outcome 5upportea: Increase resident satisfaction with level of code enforcement. Supporting Data (Surveys, Environmental Scan, etc.): In the 2007 Community Satisfaction Survey, 61 % of residents responded that they were very satisfied or satisfied with the fairness & consistency of the enforcement of codes & ordinances in their neighborhood. . Iccuc~~ Shall Judge Mario P. Goderich be re-appointed as Chief Special Master for a six month term beginning September 5 2009, and ending March 4 2010? Item Summary/Recommendation: The attached two Resolutions provide for the re-appointment by the City Commission of Judge Mario P. Goderich. One Resolution re-appoints Judge Goderich as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the other Resolution re-appoints Judge Goderich to hear appeals from citations and violations or denials, suspensions, and revocations of occupational licenses and certificates of use pursuant to Chapter 102 of the Miami Beach City Code. Language has been added to one of the Resolutions prohibiting the Chief Special Master and each Special Master from engaging in practice where he/she represents a client in a manner adverse to the interests of the City of Miami Beach, and from lobbying the City during his/her service with the City. Judge Goderich is a Supreme Court certified mediator. He retired from the bench in 2005, where he served for 30 years, the last 15 with the Third District Court of Appeal. In 1974, he founded the Cuban American Bar Association. For the past six months, he has served this City with distinction. The Administration recommends approving the Resolutions. Adviso Board Recommendation: N/A Financial Information: Source of Amount Account Approved Funds: ~ 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Bob Parcher, City Clerk ~ „Department Director ~ Assistant City Manager ~ City Manager ~ my 1 m MIAMIBEACH AGENDA ITEM C7 E DATE ~-~5~9 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Mana er ~~ r Jose Smith, City Attorney DATE: July 15, 2009 SUBJECT: RE-APPOINTMENT OF CHIEF SPECIAL MASTER 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH, CONCERNING THE RE-APPOINTMENT OF JUDGE MARIO P. GODERICH, TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON SEPTEMBER 5, 2009, AND ENDING ON MARCH 4, 2010; PROVIDED FURTHER THAT CHIEF SPECIAL MASTER, JUDGE GODERICH SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY AND COUNTY CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS; AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF, CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER. 2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND RE- APPOINTING, PURSUANT TO SECTION 102-356 OF THE CITY CODE, JUDGE MARIO P. GODERICH, (CHIEF SPECIAL MASTER RE-APPOINTED PURSUANT TO RESOLUTION NO. ), AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102-356 OF THE CITY CODE; SAID DESIGNATION COMMENCING WITH JUDGE GODERICH'S TERM AS CHIEF SPECIAL MASTER ON SEPTEMBER 5, 2009, AND ENDING ON MARCH 4, 2010. ADMINISTRATION RECOMMENDATION Adopt the Resolutions. ANALYSIS The attached two Resolutions provide for the re-appointment by the City Commission of Judge Mario P. Goderich. One Resolution re-appoints Judge Goderich as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the other Resolution re-appoints Judge Goderich to hear appeals from citations and violations or denials, suspensions, and revocations of occupational licenses and certificates of use pursuant to Chapter 102 of the Miami Beach City Code. Language has been added to one of the Resolutions prohibiting the Chief Special Master and each Special Master from engaging in practice where he/she represents a client in a manner adverse to the interests of the City of Miami Beach, and from lobbying the City during his/her service with the City. Judge Goderich is a Supreme Court certified mediator. He retired from the bench in 2005, where he served for 30 years, the last 15 with the Florida Third District Court of Appeal. In 1975, he was appointed industrial claims judge by Governor Reuben Askew, who in 1978 appointed him circuit court judge for the Eleventh Judicial Circuit. In 1990, Governor Bob Martinez appointed him to the Third District Court of Appeal, from which he retired in 2005. Judge Goderich has the distinction of being the first Cuban-American appointed to all three courts. Judge Goderich has a long history of service to the community. He has served on the Board of Directors for the International YMCA, Metro Dade County Community Relations Board, Hope School, United Way of Dade County, and the Cuban American National Planning Council. Additionally, he founded the Cuban American Bar Association in 1974. In 2004, he was the recipient of the St. Thomas University School of Law Jurist of the Year Award. That same year, the Cuban American Bar Foundation created a merit scholarship at Florida International University College of Law in his honor. In 2005, the Dade County Bar Association created an annual award for ethics to be presented to an attorney in his honor. Judge Goderich has the knowledge, demeanor, skills and abilities to perform as Chief Special Master. He will continue to serve this City with honor and distinction, and his re-appointment will best serve the interests of the City. Therefore, the subject Resolutions should be adopted. JMG/REP/LRM/Im T:IAGENDA\2009\July 15\Consent\JUDGE GODERICH APPOINTMENT MEMO.DOC 2009-27107 BEFORE THE CHIEF SPECIAL MASTER IN AND FOR THE CITY OF MIAMI BEACH, FLORIDA ADMINISTRATIVE ORDER OF THE CHIEF SPECIAL MASTER APPOINTING OTHER SPECIAL MASTERS THIS MATTER has come on before the Chief Special Master of the Special Master program of the City of Miami Beach, Florida and.pursuant to authority set forth in Chapter 30, Section 30-36 of the Miami Beach City Code, I hereby reappoint Enrique Zamora, Esq., Joe Kaplan, Esq., and David Peckins as Special Masters. I find that each Special Master has the knowledge, skills and abilities to perform as such. Each Special Master shall serve and perform all the duties and responsibilities incumbent upon him/her as required by Chapters 30 and 102 of the City of Miami Beach Code. Each Special Master appointed by this Administrative Order shall serve until March 4, 2010, or until a successor has been appointed. This Administrative Order shall be placed on file in the Offices of the City Clerk and the City Attorney, and a copy shall be delivered to each of the appointed Special Masters. Done and Ordered as of this 5th day of September, 2009. JUDGE MARIO P. GODERICH Chief Special Master 2009-27107 ® MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov CITY CLERK'S OFFICE Tel: 305-673-7411 ,Fax: 305-673-7254 STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF MIAMI BEACH: OATH OF OFFICE I, Enrique Zamora, a citizen of the State of Florida and of the United States of America, and being an officer of the City of Miami Beach and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and the State of Florida, and that I will faithfully perform the duties of the Office of Special Master of the City of Miami Beach for which I have been appointed. X Enrique Zama, Special Master Sworn to and subscribed before me this / 7 day of , 2009. x /~~~ (~. LI R. MARTINEZ (Witnes Wa ara r..ommified to providing excellent puFalic service and sofett~ w oll who live, work, and plav in our vibrant, Iropicol, historicrommunity. 2009-27107 MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov CITY CLERK'S OFFICE Tel: 305-673-741 1 ,Fax: 305-673-7254 STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF MIAMI BEACH: OATH OF OFFICE I, Mario P. Goderich. a citizen of the State of Florida and of the United States of America, and being an officer of the City of Miami Beach and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the i United States and the State of Florida, and that I will faithfully perform the duties of the Office of Chief Special Master of the City of Miami Beach for which I have been appointed. X C~?s~ , Mario .Goderich, Chief Special Master Sworn to and subscribed before me this f ~ day of , 2009. X ~ ~~ LIS R. MARTINEZ (Witnes We; ara corrunilred to providing exaellenl public SBrvicr', and sah:rv ro aA who livr--;~, work, and play in our vibrant, tropical, historic., comrnunih~. 2009-27107 ~ MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, voww.miamibeachfl.gov CITY CLERK'S OFFICE Tel: 305-673-741 1 ,Fax: 305-673-7254 STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF MIAMI BEACH: OATH OF OFFICE I, Joe Kaplan, a citizen of the State of Florida and of the United States of America, and being an officer of the City of Miami Beach and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and the State of Florida, and that I will faithfully perform the duties of the Office of Special Master of the City of Miami Beach for which I have been appointed. Sworn to and subscribed before this ~ day of ~~~,~~.~, , 2009. We are, committed to providing ~=xce;{lent public sc:~rvia: and safety to oll ~n~{io live, work, cmd ploy in our vibrant, tropicol, his!oric community. 2009-27107 m MIAMIBEACH City of Miomi Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov CITY CLERK'S OFFICE Tel: 305-673-741 1 ,Fax: 305-673-7254 STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF MIAMI BEACH: OATH OF OFFICE I, David Peckins, a citizen of the State of Florida and of the United States of America, and being an officer of the City of Miami Beach and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and the State of Florida, and that I will faithfully perform the duties of the Office of Special Master of the City of Miami Beach for which I h~are:be~n appointed. ns, Special Master Sworn to and subscribed before me this ~ day of ~M , 2009. LI A R. MARTINEZ (Witness) We are committed to providing excellent pubic service and sofeh~ to oll ~~ho live, work, and pby in our vibrant, tropical, historic communih~.