2009-27264 ResoRESOLUTION NO. 2009-27264
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 APPOINTMENT OF ABRAHAM
LAESER, ESQ., TO SERVE AS CHIEF SPECIAL MASTER FOR THE CITY OF
MIAMI BEACH, EFFECTIVE DECEMBER 9, 2009 AND CONTINUING
THROUGH THE REMAINDER OF THE TERM WHICH COMMENCED ON
SEPTEMBER 5, 2009, AND ENDS ON MARCH 4, 2010; PROVIDED FURTHER
THAT CHIEF SPECIAL MASTER ABRAHAM LAESER 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 HE 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, due to the resignation of Chief Special Master Mario Goderich, the City
Manager hereby recommends the appointment of Abraham Laeser, Esq., as Chief Special
Master for the City of Miami Beach, effective December 9, 2009 and continuing for the
remainder of the term which commenced on September 5, 2009, and which ends on March 4,
2010; and
WHEREAS, all other matters set forth within Chapter 30 of the City Code, including,
without limitation, Sections 30-37 and 30-38 regarding the 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 represents 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.
r.
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 appointment of Abraham Laeser, Esq.,
to serve as Chief Special Master, effective December 9, 2009-and continuing for the remainder
of the term which commenced on September 5, 2009, and which ends on March 4, 2010;
provided further that, as Chief Special Master, Abraham Laeser, Esq., 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 and duties of the
Chief Special Master.
PASSED and ADOPTED this 9th day of December 2009.
ATTEST:
• AYOR
Matti Herrera Bower
~ ~X~.~.~
CITY CLERK
Robert Parcher
T:WGENDA\2009\December 9\Consent\AbrahamLaeser,Esq.- Chapter 30 Reso.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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ttorney ~ to
COMMISSION ITEM SUMMARY
Condensed Title:
Appointment of Abraham Laeser, Esq., as Chief Special Master.
Cey Intended Outcome Supported:
Increase resident satisfaction with level of code
Issue:
Shall Abraham Laeser be appointed to serve as Chief Special Master for a term effective December
9, 2009 and continuing through the remainder of the term endin on March 4, 2010?
Item Summary/Recommendation:
The attached two Resolutions provide for the appointment by the City Commission of Abraham
Laeser, Esq., as Chief Special Master. Due to the resignation of Judge Mario Goderich, Mr. Laeser
will serve the remainder of Judge Goderich's term, which expires March 4, 2010. One Resolution
appoints Mr. Laeser as Chief Special Master for Code Enforcement violations under Chapter 30 of
the City Code; the other Resolution appoints Mr. Laeser 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.
Mr. Laeser brings to the City of Miami Beach and the Special Master Program 36 years of experience
as an Assistant State Attorney, where he served as Senior Trial Counsel until he retired in April 2009.
Mr. Laeser is a long time resident of Miami Beach and is active in the community. He served the City
with distinction as a member of the Miami Beach Charter Review Committee.
~ The Administration recommends approving the Resolutions.
Advisory 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
Si n-Offs•
Department Director Assistant City .Manager City Manager
Item
N1 I ANI I B EAC H AGENDA ITEM Z~s ~
SATE
___
m MIAMIBEACH
City of Miami Beaeh, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
Jose Smith, City Attorn
DATE: December 9, 2009
SUBJECT: APPOINTMENT OF NEW 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, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY
OF MIAMI BEACH, CONCERNING THE APPOINTMENT OF ABRAHAM
LAESER, ESQ., TO SERVE AS CHIEF SPECIAL MASTER FOR THE CITY OF
MIAMI BEACH, EFFECTIVE DECEMBER 9, 2009 AND CONTINUING THROUGH
THE REMAINDER OF THE TERM WHICH COMMENCED ON SEPTEMBER 5,
2009, AND ENDS ON MARCH 4, 2010; PROVIDED FURTHER THAT CHIEF
SPECIAL MASTER ABRAHAM LAESER 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 HE 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.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND APPOINTING, PURSUANT TO
SECTION 102-356 OF THE CITY CODE, CHIEF SPECIAL MASTER ABRAHAM
LAESER, (APPOINTED CHIEF SPECIAL MASTER PURSUANT TO
RESOLUTION NO. ) AS THE "CITY MANAGER'S DESIGNEE"
AS DEFINED UNDER SECTION 102-356 OF THE CITY CODE; SAiD
DESIGNATION COMMENCING WITH CHIEF SPECIAL MASTER LAESER'S
TERM AS CHIEF SPECIAL MASTER ON DECEMBER 9, 2009, AND ENDING
ON MARCH 4, 2010.
ADMINISTRATION RECOMMENDATION
Adopt the Resolutions.
ANALYSIS
The attached two Resolutions provide for the appointment by the City Commission of
Abraham Laeser, Esq., as Chief Special Master. Due to the resignation of Judge
Mario Goderich, Mr. Laeser will serve the remainder of Judge Goderich's term, which
expires March 4, 2010. One Resolution appoints Mr. Laeser as Chief Special Master
for Code Enforcement violations under Chapter 30 of the City Code; the other
Resolution appoints Mr. Laeser 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.
Mr. Laeser brings to the City of Miami Beach and the Special Master Program 36
years of experience as an Assistant State Attorney, where he served as Senior Trial
Counsel until he retired in April 2009.
Mr. Laeser is a long time resident of Miami Beach and is active in the community. He
served the City with distinction as a member of the Miami Beach Charter Review
Committee.
In 1999 he received the William S. Scurr Award for career dedication to prosecution.
In 1996 he received the Eugene Berry Award for Exemplary Career Service, and in
1996 and 2003 he received the Distinguished Faculty Award.
Since 1997, Mr. Laeser has been an Adjunct Professor in Trial Advocacy at the
University of Miami.
Mr. Laeser has the knowledge, demeanor, skills and abilities, to perform as Chief
Special Master. He will to serve this City with honor and distinction, and his
appointment will best serve the interests of the City. As such, the subject Resolutions
should be adopted.
JG:REP:LRM:Im
T:WGENDA\2009\December 9\ConsentWbraham Laeser Appointment Memo.doc