2009-27010 ResoRESOLUTION NO. 2009-27010
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF
THE CITY OF MIAMI BEACH, CONCERNING THE RE-APPOINTMENT OF
JUDGE MARIO P. GODERICH, TO SERVE AS CHIEF SPECIAL MASTER,
FORA TERM COMMENCING ON MARCH 5, 2009, AND ENDING ON
SEPTEMBER 4, 2009; PROVIDED FURTHER THAT CHIEF SPECIAL
MASTER, JUDGE GODERICH SHALL BE AUTHORIZED TO HOLD
HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL
PENALTIES AGAINST VIOLATORS OF THE CITY AND COUNTY CODES
AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO APPOINT
SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE REQUIRED
TO CONDUCT THE SUBJECT HEARINGS; AND FURTHER
INCORPORATING ALL OTHER MATTERS SET FORTH WITHIN CHAPTER
30 OF THE CITY CODE, INCLUDING, WITHOUT LIMITATION, SECTIONS
30-37 AND 30-38 THEREOF, CONCERNING THE COMPENSATION AND
DUTIES OF THE CHIEF SPECIAL MASTER.
WHEREAS, Section 30-2 of the Code of the City of Miami Beach provides for an alternative
code enforcement system wherein Special Masters are authorized to hold hearings and impose fines, liens
and other non-criminal penalties against violators of City and County Codes and Ordinances; and
WHEREAS, Section 30-36 of the City Code, entitled "Appointment of Chief Special Master,"
provides for the appointment of a Chief Special Master to fulfill the above referenced duties; and
WHEREAS, pursuant to Section 30-36 of the City Code, appointment of the Chief Special
Master is established upon the City Commission's acceptance, by a majority vote, of the recommendation
for appointment by the City Manager; and
WHEREAS, the City Manager hereby recommends re-appointment of Judge Mario P. Goderich
to as Chief Special Master for the City of Miami Beach, for a term commencing on March 5, 2009, and
ending on September 4, 2009; and
WHEREAS, all other matters set forth within Chapter 30 of the City Code, including, without
limitation, Sections 30-37 and 30-38 regarding compensation and duties of the Chief Special Master, shall
continue to apply and remain in full force and effect; and
WHEREAS, the Chief Special Master and each Special Master, shall be prohibited from
engaging in practice where he/she presents a client in a manner adverse to the interests of the City of
Miami Beach, and shall further be prohibited from lobbying the City during his/her service with the City.
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 City Manager, pursuant to Section 30-36 of the
Code of the City of Miami Beach, concerning the re-appointment of Judge Mario P. Goderich, to serve as
Chief Special Master, for a term commencing on March 5, 2009, and ending on September 4, 2009;
provided further that, as Chief Special Master, Judge Goderich shall be authorized to hold hearings and
impose fines, liens and other non-criminal penalties against violators of City and County Codes and
Ordinances, and shall also be authorized to appoint such other Special Masters as may reasonably be
required to conduct the subject hearings; and further incorporating all other matters set forth within
Chapter 30 of the City Code including, without limitation, Sections 30-37 and 30-38 thereof, concerning
the compensation of the Chief Special Master.
PASSED and ADOPTED this 25t'` day of February, 2009.
ATTEST:
MAYOR
~~ ~ ~ ~ ~ Matti Herrera Bower
' C l,~l~
CITY CLERK
Robert Parcher
T:\AGENDA\2009\February 25\ConsentUudge Goderich- Chapter 30 Reso.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR ELUTION
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(~ Ci Attorney Date
COMMISSION ITEM SUMMARY
Condensed Title:
Re-appointment of Judge Mario P. Goderich as Chief Special Master.
Key Intended Outcome Supported:
Increase resident satisfaction with level of code enforcement.
Supporting Data (Surveys, Environmental Scan, etc.): In the 2007 Community Satisfaction Survey,
61 % of residents responded that they were very satisfied or satisfied with the fairness & consistency of the
enforcement of codes & ordinances in their neighborhood. .
Issue:
Shall Judge Mario P. Goderich be re-appointed as Chief Special Master for a six month term beginning
March 5, 2009, and ending September 4, 2009?
Item Summa /Kecommendatlon:
The attached two Resolutions provide for the re-appointment by the City Commission of Judge Mario P.
Goderich. One Resolution re-appoints Judge Goderich as Chief Special Master for Code Enforcement
violations under Chapter 30 of the City Code; the other Resolution re-appoints Judge Goderich 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. Language has been
added to one of the Resolutions prohibiting the Chief Special Master and each Special Master from
engaging in practice where he/she represents a client in a manner adverse to the interests of the City of
Miami Beach, and from lobbying the City during his/her service with the City.
Judge Goderich is a Supreme Court certified mediator. He retired from the bench in 2005, where he
served for 30 years, the last 15 with the Third District Court of Appeal. In 1974, he founded the Cuban
American Bar Association. For the past six months, he has served this City with distinction.
The Administration recommends approving the Resolutions.
Board Recommendation:
Financial Information:
Source of Amount Account Approved
Funds: ~
2
3
4
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Bob Parcher, City Clerk
Sian-Offs:
Department Director ~ Assistant City Manager ~ _ City Manager
25\ConsentUUDGE
m MIAMIBEACH
AGENDA ITEM C7~
DATE a as o
~ MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vaww.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
Jose Smith, City Attor e
DATE: February 25, 2009
SUBJECT: RE-APPOINTMENT OF CHIEF SPECIAL MASTER
1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO
SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH,
CONCERNING THE RE-APPOINTMENT OF JUDGE MARIO P.
GODERICH, TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM
COMMENCING ON MARCH 5, 2009, AND ENDING ON SEPTEMBER
4, 2009; PROVIDED FURTHER THAT CHIEF SPECIAL MASTER,
JUDGE GODERICH SHALL BE AUTHORIZED TO HOLD HEARINGS
AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL
PENALTIES AGAINST VIOLATORS OF THE CITY AND COUNTY
CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED
TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY
REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT
HEARINGS; AND FURTHER INCORPORATING ALL OTHER
MATTERS SET FORTH WITHIN CHAPTER 30 OF THE CITY CODE,
INCLUDING, WITHOUT LIMITATION, SECTIONS 30-37 AND 30-38
THEREOF, CONCERNING THE COMPENSATION AND DUTIES OF
THE CHIEF SPECIAL MASTER.
2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND RE-
APPOINTING, PURSUANT TO SECTION 102-356 OF THE CITY
CODE, JUDGE MARIO P. GODERICH, (CHIEF SPECIAL MASTER
RE-APPOINTED PURSUANT TO RESOLUTION NO.
), AS THE CITY MANAGER'S "DESIGNEE" UNDER
SECTION 102-356 OF THE CITY CODE; SAID DESIGNATION
COMMENCING WITH JUDGE GODERICH'S TERM AS CHIEF
SPECIAL MASTER ON MARCH 5, 2009, AND ENDING ON
SEPTEMBER 4, 2009.
ADMINISTRATION RECOMMENDATION
Adopt the Resolutions.
ANALYSIS
The attached two Resolutions provide for the re-appointment by the City
Commission of Judge Mario P. Goderich. One Resolution re-appoints Judge
Goderich as Chief Special Master for Code Enforcement violations under Chapter
30 of the City Code; the other Resolution re-appoints Judge Goderich 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. Language has been added to one of the Resolutions
prohibiting the Chief Special Master and each Special Master from engaging in
practice where he/she represents a client in a manner adverse to the interests of
the City of Miami Beach, and from lobbying the City during his/her service with the
City.
Judge Goderich is a Supreme Court certified mediator. He retired from the bench
in 2005, where he served for 30 years, the last 15 with the Florida Third District
Court of Appeal.
In 1975, he was appointed industrial claims judge by Governor Reuben Askew,
who in 1978 appointed him circuit court judge for the Eleventh Judicial Circuit.
In 1990, Governor Bob Martinez appointed him to the Third District Court of
Appeal, from which he retired in 2005.
Judge Goderich has the distinction of being the first Cuban-American appointed to
all three courts.
Judge Goderich has a long history of service to the community. He has served on
the Board of Directors for the International YMCA, Metro Dade County Community
Relations Board, Hope School, United Way of Dade County, and the Cuban
American National Planning Council. Additionally, he founded the Cuban
American Bar Association in 1974.
In 2004, he was the recipient of the St. Thomas University School of Law Jurist of
the Year Award. That same year, the Cuban American Bar Foundation created a
merit scholarship at Florida International University College of Law in his honor.
In 2005, the Dade County Bar Association created an annual award for ethics to
be presented to an attorney in his honor.
Judge Goderich was initially appointed as Chief Special Master on September 5,
2007. He has the knowledge, demeanor, skills and abilities to perform as Chief
Special Master. He will continue to serve this City with honor and distinction, and
his re-appointment will best serve the interests of the City. Therefore, the subject
Resolutions should be adopted.
JMG/REP/LRM/Im
T:WGENDA\2009\February 25\Consent\JUDGE GODERICH APPOINTMENT MEMO.DOC