Ordinance 77-2089 ORDINANCE NO. 77-208 _ _
AN ORDINANCE CREATING THE OFFICE OF LEGAL
ASSISTANCE OFFICER; SETTING FORTH HIS QUAL-
IFICATIONS , POWERS AND DUTIES ; REPEALING
SECTIONS 2-23 . 1 THROUGH 2-23 .4; AND AMEND-
ING THE CODE OF THE CITY OF MIAMI BEACH BY
ADDING A NEW SECTION 2-23 . 1 THERETO.
WHEREAS , by reason of the transfer of the Municipal Court
of the City of Miami Beach to the County Court of Dade County, the
need for the Office of Public Defender has been eliminated, but
notwithstanding, the elimination of said office serves only to
heighten the need for legal services and to complicate further the
predicament of the elderly and the indigent with respect to their
need for legal advice, counseling and guidance, particularly in
the matter of the ordinances of the City of Miami Beach; and
WHEREAS , it is necessary for the public welfare of the
City, its citizens , residents and inhabitants that such elderly
or indigent persons be provided with the opportunity to consult
with a duly authorized officer of the City of Miami Beach in
regard to problems involving the ordinances of the City of Miami
Beach, the alleged violations thereof, and their rights and duties
in the premises, particularly with reference to prosecutions in
the County Court of Dade County;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF MIAMI BEACH, FLORIDA :
SECTION 1. That Section 2-23 . 1 through Section 2-23 .4 be and
the same are hereby repealed as the same now exists .
SECTION 2 , That Chapter 2 of the Code of the City of Miami Beach,
Florida, be and the same is hereby amended by adding a
new Section 2-23 . 1 thereto, to be numbered and to read as follows :
"Section 2-23 . 1 Legal Assistance Officer--Office
created; qualifications ; powers and duties .
There is hereby created and established the office
of Legal Assistance Officer, who shall be appointed
by the City Council, and who shall serve at its will.
He shall be a duly licensed practicing attorney of
the state, and shall have been actively engaged in
the practice of law for not less than five years .
The duties of the City Legal Assistance Officer shall
include but not be restricted to the following:
A) To provide legal advice, guidance, counseling and
assistance to the elderly or indigent citizens , res-
idents or inhabitants of the City who are without
funds to obtain counsel with reference to the penal
ordinances of the City; alleged violations thereof;
and prosecutions in the County Court of Dade County
therefor.
B) To provide legal advice, guidance and counseling
to any elderly or indigent citizen, resident or in-
habitant of the City who is unable to determine what
official agency of the federal, state or county is
charged with the duty of providing legal aid and
assistance to such person; and to guide and direct
such elderly or indigent person to the proper federal,
state or county agency charged with the duty and
responsibility of rendering legal advice, guidance,
counseling or assistance to such elderly or indigent
person.
C) The compensation for the Legal Assistance Officer
shall be fixed by the Council.
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139
D) The Legal Assistance Officer shall be
supervised by the City Attorney, and shall file
written reports to the City Attorney at regular
intervals setting forth a detailed enumeration
of his activities and performance of his duties
hereunder, with appropriate enumeration of
cases handled, their disposition, and other
actions taken in regard thereto. "
SECTION 3. All ordinances in conflict herewith be and the same
are hereby repealed.
SECTION 4. This ordinance shall become effective ten days after
passage.
PASSED and ADOPTED this 16th day of February, 1977.
ayor
Attest:
City Clerk
1st reading - February 2, 1977
2nd reading - February 16, 1977
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OFFICE OF THE CITY ATTORNEY — 1130 WASHINGTON AVENUE loc MIAMI BEACH, FLORIDA 33139
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