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2010-27316 Reso2010-27316 RESOLUTION NO. A RESOLUTION APPROVING AND RE-APPOINTING, PURSUANT TO SECTION 102-356 OF THE CITY CODE, ABRAHAM LAESER ESQUIRE, (CHIEF SPECIAL MASTER RE- APPOINTED PURSUANT TO RESOLUTION NO. 2o10-z731S , AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102- 356 OF THE CITY CODE; SAID DESIGNATION COMMENCING WITH MR LAESER'S TERM AS CHIEF SPECIAL MASTER ON MARCH 5, 2010, AND ENDING ON SEPTEMBER 4, 2010. WHEREAS, pursuant to the Section 3036 of the Code of the City of Miami Beach, upon prior recommendation of the City Manager, the City Commission, by a majority vote, may appoint a Chief Special Master, who shall be authorized to hold hearings and impose fines, liens, and other non-criminal penalties against violations of City Ordinances; and WHEREAS, at its regular meeting on February 3, 2010, the Mayor and City Commission adopted Resolution No. x010- 27 31 ~ re-appointing Abraham Laeser, Esquire, as Chief Special Master, for a term commencing on March 5, 2010, and ending on September 4, 2010; and WHEREAS, pursuant to Section 102-356, the City Manager may also approve a "designee," who shall be authorized to hear appeals from citations for violations of City and County Codes and Ordinances and to conduct hearings regarding denials, suspensions and revocations of occupational licenses, certificates of use and permits, as provided by the City Code, and who shall also be authorized to appoint such other Special Masters as may reasonably be required to conduct such hearings pursuant to City Ordinances; and WHEREAS, accordingly, the City Manager hereby recommends Judge Goderich, to serve as the City Manager's "designee," for a six (6) month term commencing on March 5, 2010, and ending on September 4, 2010; and WHEREAS, the Chief Special Master (including, as in the instant Resolution, where the Chief Special Master is acting in his capacity as the City Manager's "designee" under Section 102-356 of the City Code), 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. 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 approve and re-appoint, pursuant to Section 102- 356 of the City Code, Abraham Laeser, Esquire, (Chief Special Master appointed pursuant to Resolution No. ), as the City Manager's "designee" under Section 102-356 of the City Code; said designation commencing with Mr. Laeser's term as Chief Special Master on Mazch 5, 2010, and ending on September 4, 2010. PASSED and ADOPTED this 3'~ day of February, 2010. ATTEST: MA O '/ Matti Herrera Bower ~" ~~ ~,~, CITY CLERK Robert Pazcher T:WGENDA\2010\February 3\ConsentWbe Laeser Chapter 102.doc APPROVE AS TO FORAA & LANGUAGE ~ F-OR EXECUTION I 3 )o ity ~ii'crney Da COMMISSION ITEM SUMMARY Title: ~ Re-appointment of Abraham Laeser, Esquire, as Chief Speciai Master. ~ with level of code Issue: Shall Abraham Laeser be re-appointed to serve as Chief Special Master for a term commencing on March 4, 2010, and ending on September 4 2010? item 1 ne attached two Resolutions provide for the re-appointment by the City Commission of Abraham Laeser, Esquire, as Chief Special Master. One Resolution re-appoints Mr. Laeser as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the other Resolution re- 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 Financial Information: Source of Amount Account Approved Funds: ~ 2 3 4 OBPI Total Financial Impact Summary: E M I AM I B EAC H AGENDA ITEM G7~ 1 DATE ~~.3-l(~ ~ MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, viww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manage Jose Smith, City Attorney DATE: February 3, 2010 SUBJECT: RE-APPOINTMENT OF CHIEF SPECIAL MASTER A RESOLUTION 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 ABRAHAM LAESER, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON MARCH 5, 2010, AND ENDING ON SEPTEMBER 4, 2010; PROVIDED FURTHER THAT CHIEF SPECIAL MASTER 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 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 APPROVING AND RE-APPOINTING, PURSUANT TO SECTION 102-356 OF THE CITY CODE, ABRAHAM LAESER ESQ., (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 MR. LAESER'S TERM AS CHIEF SPECIAL MASTER ON MARCH 5, 2010, AND ENDING ON SEPTEMBER 4, 2010. ADMINISTRATION RECOMMENDATION Adopt the Resolutions. ANALYSIS The attached two Resolutions provide for the re-appointment by the City Commission of Abraham Laeser, Esquire. One Resolution re-appoints Mr. Laeser as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the other Resolution re-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. 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. 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. JMG/REP/LRM/Im T:WGENDAl2010\February 3\ConsentWbe Laeser Re-Appointment Memo.doc