Resolution 2022-32326 Resolution No. 2022-32326
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE COMMITTEE OF THE WHOLE RELATING
TO THE ANNUAL PERFORMANCE EVALUATION OF THE CITY
ATTORNEY; AND, IN CONSIDERATION AND RECOGNITION OF THE
CITY ATTORNEY'S PERFORMANCE DURING THE FY 2022 FISCAL
YEAR, AMENDING THE CITY ATTORNEY'S EMPLOYMENT
AGREEMENT BY: GRANTING A SALARY MERIT INCREASE IN THE
AMOUNT OF THREE PERCENT(3%), EFFECTIVE AS OF OCTOBER 13,
2022; AND PROVIDING THE CITY ATTORNEY WITH AN ANNUAL IRA
CONTRIBUTION IN THE AMOUNT OF $7,000, SUBJECT TO ANNUAL
ADJUSTMENT TO THE IRS LIMITS PERMITTED BY LAW, IN THE SAME
MANNER AS PROVIDED FOR ALL OTHER CITY CHARTER OFFICERS.
WHEREAS, on October 13, 2021, the Mayor and City Commission approved
Resolution No. 2021-31907, appointing Rafael A. Paz to the position of City Attorney of
the City of Miami Beach; and
WHEREAS, Mr. Paz's engagement is reflected in an Employment Agreement
dated as of October 13, 2021, and unanimously approved by the City Commission on
October 27, 2021, pursuant to Resolution No. 2021-31917 (the "Employment
Agreement"); and
WHEREAS, the Employment Agreement provides for an annual performance
review and evaluation of the City Attorney, at which time the City Commission shall review
the annual salary and/or other benefits of the City Attorney, and shall adjust in such
amounts and to such extent as the City Commission may determine it is desirable to do
so; and
WHEREAS, on September 14, 2022, the Committee of the Whole met and
discussed the annual performance evaluation and salary/benefits review of the City
Attorney; and
WHEREAS, in consideration and recognition of the City Attorney's performance
during FY 2022 (a period which coincides with the City Attorney's contract year, from Oct.
13, 2021 to Oct. 12, 2022), the Mayor and City Commission hereby deem that it is in the
best interest of the City to approve an amendment to the City Attorney's Employment
Agreement, all as further set forth below.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that, in consideration and
recognition of the City Attorney's exemplary performance during FY 2022, the Mayor and
City Commission hereby approve the following amendments to the City Attorney's
Employment Agreement:
1. Merit Adjustment.
As a merit increase, grant a salary increase in the amount of three percent(3%), effective
October 13, 2022.
2. IRA Contribution.
In the same manner as provided for all other City Charter officers, commencing on
October, 13, 2022, and thereafter on October 13th of each year during the Term of the
Employment Agreement, the City shall make a contribution on Mr. Paz's behalf into an
IRA account selected by Mr. Paz, in the amount of$7,000 (or such lesser amount as may
be required by applicable law); provided, however, that such IRA contribution shall be
subject to an automatic annual increase to the maximum amount permitted by applicable
law.
3. Terms Applicable to Unclassified General Employees.
Mr. Paz, as a general unclassified employee, will receive the same cost of living
adjustments and leave benefits, if any, received by general unclassified employees of the
City during the Term of the Employment Agreement, as provided per the terms of the
Employment Agreement and as further set forth in the Salary Ordinance for unclassified
general employees and/or the Leave Ordinance for unclassified employees, each as may
be amended from time to time.
4. Mr. Paz's engagement as City Attorney shall continue under and pursuant to the
terms and conditions of the Employment Agreement, as approved pursuant to Resolution
No. 2021-31917; as further amended by this Resolution, until the same is modified,
amended, or terminated by action of the Mayor and City Commission.
This Resolution shall become effective upon adoption.
PASSED and ADOPTED this day of 59/0-10416✓ , 2022.
ATTEST:
7'4 SEP 2 1 2022 Dan Gelber, Mayor
Rafael E. Granado, City Clerk APPROVED AS TO
FORM &LANGUAGE
P•M� e , &FOR EXECUTION
I 0 oc. /1-7-
INCORPORATED.' s 1241k(4A—y0
City Attorney Date
••26
2
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Alina T. Hudak, City Manager
Rafael A. Paz, City Attorney
Rafael E. Granado, City Clerk
Joseph Centorino, Inspector General
DATE: September 14, 2022
SUBJECT: COMMITTEE OF THE WHOLE MEETING TO DISCUSS THE ANNUAL
PERFORMANCE EVALUATIONS OF THE CITY MANAGER, CITY ATTORNEY,
CITY CLERK, AND INSPECTOR GENERAL, AND POTENTIAL CONTRACT
AMENDMENTS.
The following Memorandum is prepared in anticipation of the annual evaluation of the City's
Charter officers, currently scheduled for the Committee of the Whole Meeting on September 14,
2022.
Under the existing employment contracts for each of the Charter officers, the City Commission
shall conduct an annual performance evaluation (including salary and benefits review) on an
annual basis, within thirty (30) to forty-five (45) days of the anniversary date of the respective
employee's contract. At such time, the City Commission shall review the annual salary and/or
benefits of each employee, and shall make adjustments in such amounts and to such extent as
the City Commission may determine that it is desirable to do so. It is also the time when the Mayor
and City Commission shall provide the respective constitutional officer with their individual input
regarding their performance, and allow for discussion of same between the City Commission and -
the employee/officer.
Although each Charter officer has a different anniversary date (and corresponding date for their
annual evaluation in their employment contracts), the City Commission has not had the
opportunity to schedule the evaluations until now. Nevertheless, it is timely for the City
Commission to conduct the evaluations at the conclusion of the fiscal year, to permit the City
Commission to focus on each Charter officer's performance during the entire fiscal year. For
Charter officers whose evaluations are past due, any salary adjustments, if any, would be
retroactive to each Charter officer's respective anniversary date.
Each Charter Officer has prepared an Annual Report, to assist the City Commission in its
evaluation.
The City Manager's Annual Report is attached as Exhibit 1.
The City Attorney's Annual Report is attached as Exhibit 2.
The City Clerk's Annual Report is attached as Exhibit 3.
The Inspector General's Update to his most recent Report will be released via supplemental
agenda.
Commission Memorandum—Annual Performance Evaluations
September 14, 2022
Page 2
The proposed Resolution for each Charter officer, with a summary of the adjustments or contract
amendments, if any, approved for each Charter Officer, will be prepared as after-the-fact
Resolutions, to reflect the final actions taken by the Mayor and City Commission.
Thank you for your consideration. On behalf of all of us, it is a continued honor and a privilege to
be able to serve the Mayor and City Commission and our City's residents.
EXHIBIT 2
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
Rafael A. Paz, City Attorney
MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: September 6, 2022 -
SUBJECT: Office of the City Attorney— Fiscal Year 2022 Annual Report
I am pleased to provide you with this Annual Report, highlighting the work performed by the
dedicated attorneys and staff of the City Attorney's Office (CAO) during FY 2022. Our City is
small geographically, but we are an international destination with the third largest tax base in
Miami-Dade County, and our residents are highly engaged and active. As a result, the work the
CAO performs for our City is complex and diverse.
On behalf of the entire Office, we thank you for the privilege of representing our City, and we look
forward to continuing to work closely with the City Commission, City Manager, City Clerk,
Inspector General and City staff, in furtherance of our shared mission of public service.
ASSEMBLING THE NEW CAO TEAM •
My first priority following my appointment as City Attorney on October 13, 2021 was to assemble
the CAO leadership team and fill key vacancies, including hiring two senior litigation attorneys, a
senior transactional attorney, and municipal prosecutors. To this end, I would like to thank the
Mayor and City Commission for affording me the wide latitude necessary to make important
personnel decisions that will impact the City Attorney's Office for years to come. The success of
the CAO this year is thanks to the hard work of our entire team and the talented professionals
leading their respective practice areas, including:
• Rob Rosenwald, who I have internally promoted to Chief Deputy City Attorney. Among other
matters,.Rob researched and drafted the City's legislation to provide tenants with 60
days'notice of rent increases, legislation which was subsequently adopted by Miami-Dade
County, as well as Orange County, Florida and the City of Hialeah. Rob also achieved
significant litigation victories this year, including obtaining a favorable-ruling from the U.S.
11th Circuit Court of Appeals in the Club Madonna case, upholding the constitutionality of
a City ordinance intended to curb the exploitation of minors in strip clubs.
• Ricardo Dopico, Deputy City Attorney, joined the team as the City's lead transactional
attorney, and among other matters, successfully negotiated the development agreements
and lease agreements for the two Lincoln Lane Class A Office projects, which will be
presented to the voters in November.
• Henry Hunnefeld, First Assistant City Attorney and Freddi Mack, Senior Assistant City
Attorney,joined the team, along with Ben Braun, an alumnus of the CAO Fellowship program
who was internally promoted to Assistant City Attorney. Collectively, they have strengthened
the City's litigation practice and, among other matters, successfully defended the
emergency injunction challenge to the City's March 23, 2022 State of Emergency and
curfew following multiple shootings that took place in South Beach during the March 2022
high impact period. Notably, this was the first emergency injunction handled entirely in-house
in many years.
Office of the City Attorney— FY 2022 Annual Report
September 6, 2022
Page 2
• Nick Kallergis, internally promoted to Deputy City Attorney, assumed primary responsibility
for Land Use and high-profile legislation, including taking the lead role on all alcohol hours
legislation, a complex task with more than a dozen proposed ordinances currently pending
before the City Commission, including multiple, and at times conflicting, approaches for
different geographic areas of the City. Nick also handled the legislation reforming the
automatic stay procedures for land use appeals, and the recently enacted Commission
Rules of Procedure, which the City Commission identified as a priority at its February 16,
2022 Goals Conference.
• Mark Fishman, First Assistant City Attorney and the City's Chief Police Legal Advisor, has
brought his substantial prior prosecutorial experience to bear and led the implementation of
the City Commission's unanimous mandate to expand the City's municipal prosecution
program to prosecute certain misdemeanor offenses as municipal ordinance violations,
among other measures. Mark also implemented the City's Justice Advocate Program for
monitoring cases involving offenders of special concern, in close collaboration with the Police
Department and Chief Clements. During this fiscal year, the CAO significantly improved the
City's municipal prosecution success rate (currently standing at approximately 73% for FY
2022), and two experienced prosecutors, Woody Clermont and Nahum Joseph, recently
joined the team.
Although the above highlights the leadership team and new members of the Office, all of our
attorneys and staff contribute to the work of the City and the CAO's core function of providing
legal counsel to the Mayor and City Commission, City Manager, administrative departments, and
numerous boards, agencies and advisory committees. Attorneys in the Office research, draft,
review and/or approve for legal sufficiency all ordinances and resolutions presented to the City
Commission, and represent the City in all transactions and litigation involving the City.
The Office of the City Attorney Organizational Chart, listing our practice areas and individual.
attorney responsibilities, is attached hereto for your convenience. Below is a brief overview of
the work of the practice areas, as well as significant matters handled this fiscal year.
LITIGATION AND ENFORCEMENT OVERVIEW
• As of September 1, 2022, the City was served with 59 new cases during FY 2022.
• The City is currently involved in 111 ongoing pending litigation cases and appeals
(between 100 — 120 cases at any given time). Approximately one-third of the cases are
police/civil rights cases, one-third are personal injury cases, and one-third include general
commercial and land use-related cases.
• Of the 110 active cases, the City has retained outside counsel on 10 cases' involving
specialized subject matter expertise, expedited briefing or other work requiring additional
resources not readily available in-house.
• In addition to litigation, the CAO assisted in resolving hundreds of code violation matters
brought before the Special Magistrate this year, and attended approximately 57 sessions
before the Special Magistrate to date, including cases brought by inspectors of the Code
Compliance, Building, Parking, Parks & Recreation, Police/Marine Patrol and Fire
Departments, as well as short-term rental and red-light camera violations.
1 Excluding police-related cases where outside counsel has been retained to represent police officers in
their individual capacity while the City Attorney's Office handles the litigation on behalf of the City.
Office of the City Attorney— FY 2022 Annual Report
September 6, 2022
Page 3
• The Municipal Prosecution Team has handled 262 new criminal municipal ordinance
violation cases thus far in FY 2022 (as of Sept. 1, 2022), plus approximately 49 other
pending matters. A detailed discussion of the Program is set forth below.
• The CAO has brought most Historic Preservation Special Magistrate appeals in-house this
year, matters which require full legal briefing, based on an extensive record before the HPB.
In an effort to use internal and external resources as efficiently as possible, we will continue
to identify areas and specific matters that lend themselves to being handled entirely in-house.
LITIGATION HIGHLIGHTS
A few of the CAO's major litigation accomplishments this year include:
Constitutional Claims.
• Summary Judgment in favor of the City in federal district court in a First Amendment case,
McGriff v. CMB, concluding that the City's decision to remove a divisive artwork exhibited as
part of City-sponsored 2018 Memorial Day weekend programming did not violate plaintiff's
constitutional rights.
• Favorable ruling from the United States 11th Circuit Court of Appeals in Club Madonna case,
affirming the district court's summary judgment and upholding the constitutionality of the City's
ordinance seeking to curb the exploitation of underage dancers in strip clubs by requiring two
forms of identification prior to entering the club, and providing for inspections.
Emergency Injunction.
• Favorable ruling in state court emergency injunction proceeding in Papi Steak and Treehouse
cases challenging the City's March 23, 2022 State of Emergency declaration and imposition of
a weekend curfew for areas south of 23rd Street, following multiple shootings during the March
2022 high impact period. The matter was the first emergency injunction hearing handled
entirely in-house in many years.
Civil Rights Cases.
• Summary Judgment in favor of the City in federal district court in two (2) police civil rights
cases,. Saint-Vil v. CMB and Senko v. Jackson, rejecting claims alleging false arrest and
excessive force and dismissing all counts against the City in both cases.
Employment.Discrimination Claims.
• Dismissal in favor of the City in federal district court in two (2) employment discrimination
cases, including Mitchell v. CMB (concluding that plaintiff, a police officer, failed to exhausted
his administrative remedies and failed to plead sufficient.facts alleging discrimination under the
Age Discrimination in Employment Act, Title VII of the Civil Rights Act, or the Florida Civil
Rights Act), and Andres Gil v. CMB (concluding that plaintiff, a former City lifeguard, failed to
state a claim for national origin discrimination).
• Successfully defended five (5) coordinated employment discrimination lawsuits brought by
Parks Department employees, with the Court dismissing all claims and/or granting summary
judgment in favor of the City in all five lawsuits.
Office of the City Attorney— FY 2022 Annual Report
September 6, 2022
Page 4
Land Use Appeals.
• Favorable rulings in land use appeals challenging the redevelopment of the Seagull Hotel into
the first Bulgari Hotel in the United States, including final judgment in favor of the City on a
petition for writ of prohibition seeking to prevent the HPB Special Magistrate from hearing the
administrative appeal from the HPB (Setai Resort & Residences v. CMB), and a Special
Magistrate decision upholding the. HPB's approval of a certificate of appropriateness for the
development. Litigation remains pending in related challenges.
• Favorable ruling in land use appeal challenging the redevelopment of the Delano Hotel, with
the Special Magistrate affirming the HPB's issuance of a certificate of appropriateness for the
new project, finding that all of'the objectors' arguments were waived and/or lacked merit.
Settlements.
• Negotiated the favorable class action settlement in Christian Conti v. CMB approved by the
City Commission at its March 9,2022 meeting, resolving claims related to fines paid to the City
under a prior Commission's fine structure for short-term rental violations. The settlement
results in the City retaining all fines collected up to the maximum statutory amount, as well as
a portion of the amounts in excess of the statutory maximum.
TRANSACTIONS
The City Attorney's Office reviewed, drafted, negotiated and/or approved for legal sufficiency a
minimum of 500 contracts this fiscal year, covering a wide variety of procurement, construction
and real estate-related agreements, leases, easements, deeds, escrow agreements,
development agreements, housing agreements, grant agreements, and many other matters
involving the administration and general business affairs of the City.
In terms of major transactions this year, the CAO worked closely with the Administration in
negotiating, drafting and finalizing agreements for major public-private partnerships and other
capital projects and initiatives of the City, including:
• Lincoln Lane Public-Private Partnerships. In close collaboration with the City Manager's Office
and Economic Development department, the City team successfully negotiated and finalized
development agreements and ground leases for two Lincoln Lane Class A office projects,
along with related legislation and proposed ballot measures, being considered by the voters
this November. If approved, the projects would diversify the Lincoln Road corridor, attract high
quality businesses to Miami Beach, and result in rental payments, ad valorem taxes, and
parking revenues to the City approximating $1.3 billion over the life of the leases. Notably, as
the City Commission authorized negotiations for two separate projects, the work involved
simultaneous negotiations with two separate developer teams and counsel, with both projects
proceeding on an aggressive timeline. Subject to voter approval, the final agreements were
approved by the City Commission at its July 20,2022 meeting.
• Conveyance of "Canopy Park" to City. To coincide with the substantial completion of the
construction of the new public park now known as "Canopy Park," the City Attorney's Office
led the effort to finalize the Closing documents and secure the City's ownership of the newly
completed 3.0 acre park, thereby achieving the public benefits previously negotiated by the
City Commission as part of the development of the 500 Alton project.
Office of the City Attorney— FY 2022 Annual Report
September 6, 2022
Page 5
• Agreements to Expedite Convention Hotel Construction. The CAO, working closely with the
City Manager's Office, negotiated and finalized terms for the Convention Hotel developer to
perform work requiring the temporary closure of the Fillmore theater, including an amendment
to the developer's Early Access Agreement, and an amendment to the Live, Nation
management agreement, intended to accelerate completion of the long-awaited Convention
Hotel project by at least one year.
• Seagull/Bulgari Hotel Right-of-Way Vacation. The CAO handled the Closing of the right-of-
way conveyance approved for the redevelopment of the Seagull hotel property, which would
renovate the existing building (which is boarded up and in very poor condition), into the first
Bulgari Hotel in North America. As part of the Closing,the City,received the first two installment
payments due under the Vacation Agreement, in the amount of$5 million.
• Collins Park Workforce Housing. Project. Working closely with the Administration, the CAO
negotiated and finalized a lease amendment earlier this year for this project, the. City's first
public-private partnership for workforce housing. Based on the City Commission's recent
discussions committing additional funds to bridge a gap in construction funding for the project,
in September the CAO will be working on a lease amendment and legislation waiving certain
land use fees for workforce housing projects, to facilitate the financial closing of this project.
In addition, throughout the year, the CAO worked with the IT Department to develop a pilot e-
contract system, which we implemented with the Procurement Department earlier this year. We
intend to fully implement with other departments during FY 2023,to streamline the contract review
process and provide for better tracking of pending items.
LEGISLATION
FY 2022 was an extremely active legislative year. The City Attorney's Office has worked with the
Mayor and Commission, as well as the Administration, on a wide variety of legislative and policy
matters, and researched, drafted, reviewed, and/or finalized approximately 483 Resolutions
and 93 Ordinances, a few of which are highlighted below.
• Ordinance Providing Tenants 60 Days' Notice of Rent Increases (Vice Mayor Alex J.
Fernandez). In close collaboration with Vice Mayor Fernandez, the sponsor of the legislation,
the CAO researched and prepared an ordinance establishing a mandatory 60-day minimum
notice period prior to implementing any residential rent increases in excess of 5%. The notice
period would avoid last-minute rent 'increases that place many lower-income tenants at a
disadvantage, and provides tenants the time necessary to negotiate terms with their landlords
or make alternative arrangements. A substantially similar version of the City's ordinance was
subsequently adopted by Miami-Dade County for all of unincorporated Miami-Dade County, as
well as by Orange County, Florida and the City of Hialeah.
• Restructuring of Sidewalk Café Program(Mayor Dan Gelber, co-sponsored by Commissioners
Kristen Rosen Gonzalez, Mark Samuelian, Alex.Fernandez, David .Richardson and Steven
Meiner). Following an adverse ruling relating to the City's regulatory permit-based structure for
issuing sidewalk café permits, the CAO led the effort to implement the,unanimous City
Commission mandate to repeal the existing sidewalk café ordinance and replace the entire
program with a contract-based model, effective on October 1, 2022, following the expiration of
the current permits for this fiscal year. The CAO has worked with the Administration to develop
the outdoor dining concession agreement template, negotiate changes with multiple existing
sidewalk café operators, and conduct trainings with operators on the requirements of the new
program. As of the date of this Memorandum, several operators have challenged the City's
new program in state court, with a hearing currently scheduled for September 8, 2022. We are
Office of the City Attorney— FY 2022 Annual Report
September 6, 2022
Page 6
confident that we have structured the program for success, in accordance with Florida law, and
negotiated reasonable terms with operators. However, regardless of the outcome of the case,
we will continue to work diligently to support the City's right to control public property,and the
manner in which the City Commission grants the privilege 'to conduct business on public
property.
• New Commission. Rules of Procedure (Commissioner David Richardson). Under the
leadership of Commissioner Richardson, the CAO drafted comprehensive amendments to the
City's rules of procedure for meetings of the City Commission and Commission Committees.
The ordinance, adopted by the City Commission on June 22, 2022, includes proposals by
individual Commissioners and best practices from other jurisdictions. The amendments, which
are intended to promote efficiency and decorum in the conduct of public business, address
meeting duration, the duties of the Mayor and committee chairs, decorum, agenda submission
deadlines, a "four-day" rule for late-filed agenda items, committee review for items with a fiscal
impact greater than $75,000, and limits on the number of new agenda items that have not first
been referred to committee.
• Reform of Automatic Stay of Land Use Appeals (Mayor Gelber). At the request of Mayor
Gelber, the.CAO worked with the Planning Department to review and draft amendments to the
City's rules of procedure for land use board appeals. The Ordinance, adopted by the City
Commission on July 20, 2022, provides for a more limited automatic stay through, at a
minimum, the first level of appeal (if an approval is upheld) or 120 days from the date the
appeal is filed. In order to lift the stay, an applicant would be required to satisfy a number of
conditions, including a hold harmless and indemnity agreement. The Ordinance also
establishes a briefing schedule and imposes deadlines for oral argument and final decisions
by the City Commission or Special Magistrate, respectively. The purpose of these reforms is
to discourage abusive litigation while safeguarding due process.
• Expansion of Municipal Offenses/Prosecutor Program (Commissioner Meiner). Working
closely with the sponsor, Commissioner Meiner, the CAO researched and drafted the new
ordinance incorporating three state misdemeanor offenses (namely, indecent exposure,
criminal mischief, and certain battery offenses) as municipal ordinance violations, thereby
providing the City Attorney with the jurisdiction to prosecute these offenses as municipal
ordinance violations. The program is discussed in greater detail below.
• Alcohol Legislation. Since January '2022, the CAO has advised the City Commission
extensively on legislative proposals relating to alcohol hours of sale. At numerous public
meetings and individual briefings with elected officials and the Administration, we have
performed a nuanced legal analysis and risk assessment for each ordinance, taking into
account both Florida law and the City's complex existing regulations. As of the date of this
Memorandum, more than a dozen ordinances remain pending before the City Commission.
• Ballot Measures. At the request of nearly all members of the City Commission, the CAO
prepared 20 proposed ballot measures for the'Aug. 23, 2022 election and Nov. 8, 2022
election, including proposed charter amendments, referendum questions calling for approvals
of complex leases, a variety of FAR-related increases, and a general obligation bond question,
with a total of 14 ballot measures ultimately approved for consideration by the City's voters this
year.
• Floodplain Management Regulations. The CAO worked closely with the Building Department
and Chief Resiliency Officer to conform the City's floodplain management regulations with the
minimum requirements of the National Flood Insurance Program ("NFIP") and Florida Building
Code. The City's participation in the NFIP Community Rating System, a voluntary incentive
Office of the City Attorney— FY 2022 Annual Report
September 6, 2022
Page 7
program that recognizes and encourages community floodplain management activities that
exceed,minimum program requirements, has resulted in discounted flood insurance premiums.
MUNICIPAL PROSECUTION PROGRAM
The City's Municipal Prosecution Program was created in order to address municipal ordinance
violations that impact residents'quality of life. This initiative forms part of the City's broader public
safety strategy, in coordination with the Police Department and Homeless Outreach Team.
On March 9, 2022, the City Commission approved various municipal prosecution initiatives,
sponsored by Commissioner Meiner, and appropriated additional funds to expand the municipal
prosecution program, which since its inception in 2017 was limited to one prosecutor, Yoe Lopez.
The City Commission also enacted a new ordinance, sponsored by Commissioner Meiner, to
specifically incorporate three state misdemeanor offenses (namely, indecent exposure, criminal
mischief, and certain battery offenses)as municipal ordinance violations, under the jurisdiction of
the City Attorney's Office. As of June, 2022, I have hired two new prosecutors, Woody Clermont
and Nahum Joseph, both of whom join the City with significant prior prosecution experience, and
a legal assistant with prior experience at the Miami-Dade State Attorney's Office,Michelle Inzagui.
In addition, the city Commission also tasked the CAO with implementing a new Justice Advocate
Program, an initiative sponsored by Mayor Gelber, for monitoring state cases involving offenders
of special concern, utilizing a model that has been successful at the City of Coral Gables.
First Assistant City Attorney Mark Fishman, who serves as the City's Chief Police Legal Advisor;
has taken a lead role in the implementation of the expanded municipal prosecution program, in
close collaboration with Chief Clements and MBPD, including with respect to all efforts to
coordinate with our partners in the State Attorney's Office, the Eleventh Judicial Circuit, the Clerk
of the Courts, Court Options, Inc. (one of the two leading pre-trial diversion programs in Miami-
Dade County), and others.
Although the new municipal prosecutors have only been on board for a few months, our collective
efforts, along with the initiatives recently adopted by the City Commission, have permitted the
CAO to significantly improve the City's successful prosecution rate, which, for the period from
October 1, 2022 through July 31, 2022, stands at approximately 73%. Notably, for the period
from May 31, 2022 through August 1, 2022, the first quarter with the additional prosecutors on
board, the successful prosecution rate stands at approximately 83% for the quarter.
Moreover, in addition to improving the quantitative results,, the team has achieved qualitative
results in their prosecutions, including, where appropriate, obtaining at least 5 stay away orders
during the pendency of court proceedings, and multiple bench warrants for the arrest of offenders
who fail to appear in their case.
In one case involving indecent exposure and a repeat offender, the prosecution team secured a
conviction, with jail time served of 50 days, and at every juncture, encouraged the defendant to
enter a mental-health diversion program. In other cases, the prosecutors have secured jail time
for various offenders, including 23 days served in an indecent exposure case, and 15 days jail
time served in a drinking in public case.
In yet another drinking in public case, the defendant agreed to enter a dual mental
health/substance abuse facility as part of a pre-trial diversion offer, and the defendant is now off
the streets and in the process of obtaining the help that he needs. In all cases, we strive to
prosecute each matter justly, in coordination with. the Police Department and our homeless
Office of the City Attorney— FY 2022 Annual Report
September 6, 2022
Page 8
outreach team,with an emphasis on offering pre-trial diversion, particularly for first-time offenders
and defendants who may qualify for mental health or substance abuse treatment.
We look forward to continuing to report on the progress of the newly expanded municipal
prosecutor program in the months to come.
CONCLUSION
We hope this Annual Report provides helpful perspective on the work of the City Attorney's Office
and what we, together with the City Commission and Administration, have collectively
accomplished in FY 2022. Much work remains to be done, but we love what we do, and we thank
you for letting us do it.
RAP/ag
OFFICE OF THE CITY ATTORNEY
Rafael A.Paz
City Attorney I'.
I
4 Robert F.Rosenwald (. Nicholas Kallergis I I Steven H.Rothstein ,' Ricardo J. Dopico
Chief Deputy City Attorney ' Deputy City Attorney • # Deputy City Attorney Deputy City Attorney 1
1 LITIGATION AND ENFORCEMENT I, i LEGISLATION AND LAND USE ; 1 REGULATORY AND COMMERCIAL j, - TRANSACTIONAL LAW ''
___- -^Practice AreasT -- -----,____ T--
Civil Rights&Constitutional Law,Police IA
i Practice Areas
and Code Enforcement, Municipal Practice Areas i Practice Areas Transactions,Capital Improvements,
Prosecutions,Labor Relations,Risk Land Use,Zoning,Legislation,Elections, Finance,Building/Fire,Public Works, Real Estate,Economic Development,
anagement,Disability and Employmen Ethics,Environment&Sustainability,
Law,Personal Injury,General
Special Magistrate Proceedings, Tourism&Culture,Procurement,
Special Taxing Districts I Collections and Garnishments overnmental Services(Transportation
Parking,Parks,Housing(
Litigation/Appeals,Office of Inspector
General
Mark Fishman i Faroat Andasheva '; Gray J,Crow i' Gisela N.Torres
First Assistant City Attorney I l +Senior Assistant City Attorney I+ ', Senior Assistant City Attorney I
—]
{ Assistant City Attorney ,, _ i
{ Police Legal Advisor,Code E �' Legislation,Environment& ''. Capital Improvements,Special 1 Transactions,Real Estate,
Enforcement,Legislation,General Sustainability,and General ;.i Magistrate Proceedings, Procurement,Public Works,and
Litigation/Appeals,and OIG 4 Litigation/Appeals i,i General Governmental Services ,
Transactions
HenryJ.Hunnefeld "i-j
First Assistant City Attorney i i Daren Hooper
j Federal and State Litigation, I — !
Assistant City Attorney
•Appeals,Constitutional and Civil Transactions,
i Rights matters ; 1 Procurement Legal Advisor
Yoe Lopez _ _
Senior Assistant City Attorney; Woody R.Clermont I Nahum R.Joseph
® ( Assistant City Attorney t — ' Assistant City Attorney
Municipal Prosecutor,Police and
Code Enforcement,General i I I Municipal Prosecutor I 1 Municipal Prosecutor, •
Litigation _ - ! 1•
i Freddi Mack
t
Senior Assistant City Attorney)!
ti Federal and State Litigation
1 i,
Benjamin Braun i
1 Assistant City Attorney I
i Federal and State Litigation, i,
Appeals