2003-25424 Reso
RESOLUTION NO. 2003-25424
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 CHIEF
SPECIAL MASTER, COMMENCING JANUARY 1,2004, AND ENDING
JUNE 30, 2004, 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 WITHIN 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
January 1,2004, and ending June 30, 2004, 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 January 1, 2004, and ending June 30,
2004, or until a successor has been appointed.
PASSED and ADOPTED this 10th day ofDece
ATTEST:
~lf~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
111 ~ J \-~~c:?
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
lD
Condensed Title:
Two (2) Resolutions providing for the re-appointment of Judge Robert H. Newman, upon the
recommendation of the City Manager and the City Attorney. 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 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:
The Administration Recommends approving the Resolution.
Advisory Board Recommendation:
I N/A
Financial Information:
Finance Dept.
Source of
Funds:
D
Ci Clerk's Office Le islative Trackin
Robert E. Parcher, City Clerk
T:\AGENDA\2003\dec1 003lconsent\ltem Summary Judge Newman.doc
AGENDA ITEM C 7 C.
DATE J.:J40-CB
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City com~~
Jorge M. Gonzalez r/ .7J
City Manager r
Date: December 10, 2003
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 CHIEF
SPECIAL MASTER, COMMENCING JANUARY 1,2004, AND ENDING
JUNE 30, 2004, OR UNTIL A SUCCESSOR HAS BEEN APPOINTED, WHO
SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES,
LIENS AND OTHER NON-CRIMINAL PENALTIES AGAINST VIOLA-
TORS OF CITY CODES AND ORDINANCES, AND SHALL ALSO BE
AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY
REASONABLY BE REQillRED 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 JANUARY 1, 2004, AND ENDING
JUNE 30, 2004, 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 REQillRED TO
CONDUCT SUCH HEARINGS PURSUANT TO CITY ORDINANCES.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolutions.
ANALYSIS:
The attached two Resolutions provide for the reappointment by the City Commission of
Judge Robert H. Newman. 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 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.
At the December 11, 2002 City Commission Meeting, the City Commission requested the
Administration develop a process to evaluate the Special Masters and referred this item to
the Community Affairs Committee (CAC). The Administration, Judge Newman, Chief
Special Master, and the Special Masters prepared a "Special Master Complaint Process."
See Exhibit "A". At the March 25, 2003 CAC meeting, the CAC endorsed the Special
Master Complaint Process. At the April 9, 2003 City Commission Meeting, the City
Commission accepted the recommendation of the CAC.
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 is a retired Senior Judge with over 20 years of active time on the bench.
He is an active member of the Florida Bar, in good standing.
Judge Newman's professional activities and associations include:
Admitted to practice before U.S. Supreme Court
Commissioner on Miami-Dade County Committee on Ethics and Public Trust
Chief Land Commissioner for the East Everglades
Past Secretary for National Board of Trustees, Leukemia Society of
America, Inc. and Chairman, Planned Giving Committee and By-Laws Committee
Past President, Temple Beth Am
Past Member of the Faculty of Florida New Judges College
Instructor at Miami-Dade Community College Paralegal Program
Chief Special Hearing Officer, City of Miami Beach
Judge Newman has the knowledge, skills and abilities, to perform as Chief Special Master.
He 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