2002-24706 Reso
RESOLUTION NO. 2002-24706
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDA-
TION OF THE MIAMI BEACH CITY MANAGER CONCERNING AP-
POINTMENT OF JUDGE ROBERT NEWMAN TO SERVE AS CmEF
SPECIAL MASTER, COMMENCING DECEMBER 29,2001, AND ENDING
JUNE 29, 2002, OR UNTIL A SUCCESSOR HAS BEEN APPOINTED, WHO
SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES,
LIENS AND OTHER NON-CRIMINAL PENAL TIES AGAINST VIOLA-
TORS OF CITY CODES AND ORDINANCES, AND SHALL ALSO BE
AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY
REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS;
INCORPORATING ALL OTHER MATTERS SET FORTH WITmN CITY
OF MIAMI BEACH RESOLUTION NO. 98- 22777 CONCERNING THE
COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER.
BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH:
WHEREAS, in Miami Beach City Code Chapter 30, Section 30-2 governing "Code
Enforcement" was amended to provide for an alternative code enforcement system wherein Special
Masters were authorized to hold hearings and impose fines, liens and other non-criminal penalties
against violators of City Codes and Ordinances; and
WHEREAS, in Miami Beach City Code Chapter 30, Section 30-36, entitled "Appointment
of Chief Special Master;" a provision was made for the appointment of a Chief Special Master to
fulfill the above referenced duties, with the authority to appoint such other Special Masters as
reasonably required to conduct said hearings; appointment of the Chief Special Master is established
upon the Miami Beach City Commission's acceptance by a majority vote of the Miami Beach City
Manager's recommendation for appointment; and
WHEREAS, the City Manager of the City of Miami Beach hereby recommends
reappointment of Judge Robert Newman to fill the position of Chief Special Master for the City of
Miami Beach; and
WHEREAS, all other matters set forth within City of Miami Beach Resolution No. 98-
22777 with regards to limitation on compensation to be paid to the Chief Special Master, as well as
other duties of the Chief Special Master shall remain in effect for a six month term commencing
December 29, 2001, and ending June 29, 2002, or until a successor has been appointed.
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 Miami Beach City Manager concerning
reappointment of Judge Robert Newman to serve as Chief Special Master pursuant to Miami Beach
City Code Chapter 30 entitled "Code Enforcement", said Chief Special Master to be authorized to
hold hearings and impose fines, liens and other non-criminal penalties against violators of City
Codes and Ordinances and further authorized to appoint such other Special Masters as may be
reasonably required to conduct the subject hearings; and that all other matters set forth within City
of Miami Beach Resolution No. 98-22777 concerning the compensation of the Chief Special Master
as well as other duties of the Chief Special Master serving as Special Master are incorporated herein
and shall remain in effect for a six month term commencing December 29,2001, and ending June
29,2002, or until a successor has been appointed.
PASSED and ADOPTED this 9th day of January,
ATTEST:
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CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
/ J1;;.; UvOJ
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
lD
Condensed Title:
Two Resolutions providing for the re-appointment by the City Commission of Judge Robert H, Newman,
upon the recommendation of the City Manager. One Resolution appoints Judge Newman as Chief Special
Master for Code Enforcement violations under Chapter 30 of the City Code; the other Resolution appoints
Judge Newman as the City Manager's designee 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,
Issue:
Shall Judge Robert H, Newman be re-appointed for a term of six months?
Item Summary/Recommendation:
I Adopt the resolution.
Advisory Board Recommendation:
I Not applicable
Financial Information:
Amount to be expended:
D
Finance Dept
Source of
Funds:
AGENDA ITEM
DATE
C7G-
/-9-OJ.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci,miami-beach,fl,us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM.
DATE: January 9, 2002
Jorge M. Gonzalez
City Manager
Murray Dubbin
City Attorney
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF
THE MIAMI BEACH CITY MANAGER CONCERNING APPOINTMENT OF
JUDGE ROBERT NEWMAN TO SERVE AS CHIEF SPECIAL MASTER,
COMMENCING DECEMBER 29, 2001, AND ENDING JUNE 29, 2002, OR
UNTIL A SUCCESSOR HAS BEEN APPOINTED, WHO SHALL BE
AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND
OTHER NON-CRIMINAL PENALTIES AGAINST VIOLATORS OF CITY
CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO
APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE
REQUIRED TO CONDUCT THE SUBJECT HEARINGS; INCORPORATING
ALL OTHER MATTERS SET FORTH WITHIN CITY OF MIAMI BEACH
RESOLUTION NO. 98- 22777 CONCERNING THE COMPENSATION AND
DUTIES OF THE CHIEF SPECIAL MASTER.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF
THE CITY MANAGER CONCERNING THE APPOINTMENT OF JUDGE
ROBERT NEWMAN TO SERVE AS CHIEF SPECIAL MASTER
COMMENCING DECEMBER 29, 2001, AND ENDING JUNE 29, 2002, OR
UNTIL A SUCCESSOR HAS BEEN APPOINTED, WHO SHALL BE
AUTHORIZED TO HOLD ADMINISTRATIVE HEARINGS REGARDING
APPEALS FROM CITATIONS FOR VIOLATIONS OF MIAMI BEACH CITY
CODE CHAPTERS AND REGARDING DENIALS, SUSPENSIONS, AND
REVOCATIONS OF OCCUPATIONAL LICENSES AND CERTIFICATES OF
USE, AND TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY
REASONABLY BE REQUIRED TO CONDUCT SUCH HEARINGS PURSUANT
TO CITY ORDINANCES.
ADMINISTRATION RECOMMENDATION:
~
I
1j
I
Adopt the Resolutions.
ANALYSIS:
The attached two Resolutions provide for the reappointment by the City Commission of Judge
Robert H. Newman. Judge Newman has the knowledge, skills and abilities, to perform as Chief
Special Master. One Resolution appoints Judge Newman as Chief Special Master for Code
Enforcement violations under Chapter 30 of the City Code; the other Resolution appoints Judge
Newman as the City Manager's designee 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.
In his role as Chief Special Master, and pursuant to Section 30-37(a), Judge Newman will continue
to actively hear cases under Chapters 30 and 102 of the Miami Beach City Code at a rate of One
Hundred Dollars ($100) per hour, with a maximum payment of Five Hundred Dollars ($500) per
, .
hearing session. . , ,~. -,
Judge Newman has served this City with distinction, and his reappointment will best serve the
interests of the City. As such, the subject Resolutions should be adopted.
JG:REP:LRM:lm
..
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 MA ITER 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 City of Miami Beach Code, I hereby reappoint Eunice L. Martin,
Esq., Carolyn Y. Howard, Esq., and Jason M. Berkman, Esq., and Enrique Zamora, Esq.,
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 for a period
of six (6) months from the date of this Order.
This Administrative Order shall be placed on file in the Offices of the City Clerk and
the City Attorney, a certified copy hereof shall be delivered to each of the appointed
Special Masters.
Done and Ordered as of this 24th day of January, 2002, at the City of Miami Beach,
Miami-Dade County, Florida
~~l\- \.~.
R BE H. NEWMAN .
Chief Special Master