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2004-25749 Reso RESOLUTION NO. 2004-25749 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, 2005, AND ENDING JUNE 30, 2005, 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 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 1,2005, and ending June 30, 2005, 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 1,2005, and ending June 30, 2005, or until a successor has been appointed. PASSED and ADOPTED this 8th day ofDecemb , ATTEST: ~6PCLl~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 11 r~'I..o y Dal.e EXHIBIT "A" SPECIAL MASTER COMPLAINT PROCESS 1. Code of Conduct for Special Master Judicial Duties in General The judicial duties of a Special Master take precedence over all the Special Master's other activities. The Special Master's judicial duties include all the duties of the Special Master's office prescribed by law. In the performance of these duties, the following standards apply. Adiudicative Responsibilities A Special Master shall hear and decide matters assigned to the Special Master. A Special Master shall be faithful to the law and maintain professional competence in it. A Special Master shall not be swayed by partisan interests, public clamor or fear of criticism. A Special Master shall require order and decorum in proceedings before the Special Master. A Special Master shall be patient, dignified and courteous to litigants, property owners, witnesses, lawyers and others with whom the Special Master deals in an official capacity, and shall require similar conduct of lawyers and of staff, court officials and others subject to the Special Master's direction and control. Commentary The duty to hear all proceedings fairly and with patience is not inconsistent with the duty to dispose promptly of the business of the court. Special Masters can be efficient and businesslike while being patient and deliberate. The Special Master shall have the discretion to continue matters which cannot be disposed of within the time allotted by the Clerk. A Special Master must refrain from speech, gestures or other conduct that could reasonably be perceived as sexual harassment and must require the same standard of conduct of others subject to the Special Master's direction and control. A Special Master shall perform judicial duties without bias or prejudice. A Special Master shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status. -2- A Special Master must perform judicial duties impartially and fairly. A Special Master who manifests bias on any basis in a proceeding impairs the fitness of the proceeding and brings the judiciary into disrepute. Facial expression and body language, in addition to oral communication, can give to parties or lawyers in the proceeding, the media and others an appearance of judicial bias. A Special Master must be alert to avoid behavior that may be perceived as prejudicial. A Special Master shall require lawyers in proceedings before the Special Master to refrain from manifesting, by words or conduct, bias or prejudice based upon race, sex religion, national origin, disability, age, sexual orientation or socioeconomic status, against parties, witnesses, counselor others. A Special Master shall accord to every person who has a legal interest m proceedings, or that person's lawyers, the right to be heard according to law. A Special Master shall not initiate, permit, or consider ex parte communications, or consider other communications made to the Special Master outside the presence of the parties concerning a pending or impending proceeding. A Special Master may obtain the advice of a disinterested expert on the law applicable to a proceeding before the Special Master if the Special Master gives notice to the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond. A Special Master may consult with court personnel whose function is to aid the Special Master in carrying out the Special Master's adjudicative responsibilities or with other Special Masters. 2. Complaint Resolution Procedures a. Upon receipt of a complaint, the complainant shall be advised that the complaint shall be filed in writing. b. Complaints shall be filed in writing and submitted to the Clerk of the Special Master. c. Upon receipt of the written complaint, within two (2) business days, the Clerk of the Special Master shall forward the original to Chief Special Master and a copy to the Special Master against whom the compliant was filed. d. The Chief Special Master shall review the complaint. e. Within ten (10) calendar days, the Special Master against whom the complaint was filed, if so chooses, shall submit to the Chief Special Master a response to the complaint. -3- f. The Chief Special Master shall review the response, the complaint and any all other information available regarding the complaint. g. Upon a thorough review of the all information regarding the complaint, the Chief Special Master shall discuss the findings with the Special Master against whom the complaint was filed. h. Within 30 calendar days, upon receipt of the complaint, the Chief Special Master shall submit a final report of its findings to the Mayor and City Commission, the City Attorney, City Manager, the Complainant, and the Special Master. 1. Appropriate sanctions shall be taken, if necessary, against the Special Master. 3. Chief Special Master Maintain the same language with the following provisions: a. If the complaint is filed against the Chief Special Master, upon receipt of the complaint by the Clerk of the Special Master, the complaint shall be forwarded to the City Manager and the City Attorney. b. Within seven (7) days of receipt of the complaint by the City Manager and/or City Attorney, a Mediator shall be appointed by the City Manager and the City Attorney and provided a copy of the complaint. c. If the complaint is filed against the Chief Special Master, all references to the Chief Special Master shall be substituted with a Mediator appointed by the City Manager and City Attorney and the Special Master shall be substituted with the Chief Special Master. T:IAGENDA\2003\junII03\consentlSpedal Master Complaint Process.doc CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY lQ Condensed Title: Two (2) Resolutions accepting the recommendation of the City Manager concerning the appointment of Judge Robert Newman to serve as Chief Special Master, commencing January 1, 2005, and ending June 30, 2005, or until a successor has been appointed. One Resolution appoints Judge Newman as Chief Special Masterfor 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 ursuant to Cha ter 102 of the Miami Beach Cit Code. Issue: Judge Newman will be relocating to West Palm Beach, Florida in early 2005 and he has agreed to continue to actively hear cases until a successor has been appointed. Shall the City Commission re-appoint Judge Robert H. Newman for a term of six-months or until a successor is appointed? Item Summary/Recommendation: The Administration Recommends approving the Resolution. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 Finance Dept. Total Ci Clerk's Office Le islative Trackin Robert E. Parcher, City Clerk S' Off Ign- 5: Department Director Assistant City Manager City Manager f~ , t-. T:\AGENDA\2004\DecOB04\Consentlltem Summary Judge Newman,doc (J II AGENDA ITEM DATE c78 12 - f..()'f 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 Commission Jorge M. Gonzalez \~ City Manager () . Murray Dubbin^ l \ ~ City Attorney J V\I\ Date: December 8, 2004 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 JANUARY 1, 2005, AND ENDING JUNE 30, 2005, 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 JANUARY 1, 2005, AND ENDING JUNE 30, 2005, 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 Adopt the Resolutions. ANALYSIS Judge Newman will be relocating to West Palm Beach, Florida in early 2005. He has agreed to continue to actively hear cases until a successor has been appointed. The attached two Resolutions provide for the reappointment by the City Commission of Judge Robert H. Newman for a time of six-months or until a successor has been appointed. 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 1 02 ofthe 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 "An. 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 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 since 1998, and his reappointment will best serve the interests of the City. As such, the subject Resolutions should be adopted. r(,~ JMG/REP/lm T:\AGENDA\2004\Dec0804\Consent\Judge Newman Commission Memo.doc 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 City of Miami Beach Code, I hereby reappoint Eunice L. Martin, Esq., Carolyn Y. Howard, 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, 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, a certified copy hereof shall be delivered to each of the appointed Special Masters. Done and Ordered as of this 16h day of December, 2004. ~~\,(.~ JU GE OBERT H. NEWMAN Cbief Special Master