2011-27711 Reso RESOLUTION NO. 2011 -27711
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, ESQUIRE, TO
SERVE AS CHIEF SPECIAL MASTER, FOR A TERM
COMMENCING ON SEPTEMBER 15, 2011, AND ENDING ON
MARCH 14, 2012; 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
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 Abraham Laeser,
Esquire, as Chief Special Master for the City of Miami Beach, for a term commencing on
September 15, 2011, and ending on March 14, 2012; 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 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 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 Abraham Laeser,
Esquire, to serve as Chief Special Master, for a term commencing on September 15, 2011, and
ending on March 14, 2012; provided further that, as Chief Special Master, Mr. Laeser 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 14 day of September, 2011.
= , _ - -`� \v � .. E3 "Si ...Ids , / //// / • • !• .411 ATTEST:
'� / YOR
c :
I - : • Matti Herrera Bower
s
0 (NCORF ORATED.' * 1
0 ' iii :��
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at 0 :' , :._._. 6 -•' APPROVED AS TO
CITY CLERK FORM & LANGUAGE
Robert Parcher & FOR EXECUTION
T. \AGENDA\20 1 1 \ 9-14-11 \Abe Laeser Reappointment Chapter 30.doc
Air 0
f - - ' am ity tte ney Date
i
COMMISSION ITEM SUMMARY
Condensed Title:
Re appointment of Abraham Laeser, Esquire, as Chief Special Master.
Key Intended Outcome Supported:
Increase resident satisfaction with level of code enforcement.
Issue:
Shall Abraham Laeser be re- appointed to serve as Chief Special Master for a term commencing on
September 15, 2011, and ending on March 14, 2012?
Item Summary /Recommendation:
The 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 Administration recommends approving the Resolutions.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account Approved
Funds: 1
2
3
4
()BPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Bob Parcher, City Clerk
Sign -Offs:
Department Director Assistant City Manager City Manager
Allabll■■,—
T:\AGENDA\2011 \9- 14- 11\Abraham Laeser Item Summary.doc
AGENDA ITEM C 7F
MIA:MI DATE 9 //
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MM ON MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
Jose Smith, City Attor -y
i t
DATE: SEPTEMBER 14, 201 40
SUBJECT: RE- APPOINTMENT OF CHIEF SPECIAL MAST -
1. 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, ESQUIRE, TO
SERVE AS CHIEF SPECIAL MASTER, FOR A TERM
COMMENCING ON SEPTEMBER 15, 2011, AND ENDING ON
MARCH 14, 2012; 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 ESQUIRE, (CHIEF SPECIAL MASTER RE-
APPOINTED PURSUANT TO RESOLUTION NO. 02011- 29
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
SEPTEMBER 15, 2011, AND ENDING ON MARCH 14, 2012.
ADMINISTRATION RECOMMENDATION
Adopt the Resolutions.
ANALYSIS
The attached two Resolutions rovide for the re-appointment p ppoi tment 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.
Z7t,1
JMG /REP /LRM /Im
T:\AGENDA\2011 \9- 14- 11\Abe Laeser Re- Appointment Memo.doc
,._s MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
CITY CLERK'S OFFICE
Tel: 305-673-7411 , Fax: 305 - 673 -7254
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
CITY OF MIAMI BEACH:
OATH OF OFFICE
I, Abraham Laeser, a citizen of the State of Florida and of the United States of America,
and being an officer of the City of Miami Beach and a recipient of public funds as such
officer, do hereby solemnly swear or affirm that I will support the Constitution of the
United States and the State of Florida, and that I will faithfully perform the duties of the
Office of Chief Special Master of the City of Miami Beach for which I have been
appointed.
X
Abraham Laeser, Chief Special Master
7( -
Sworn to and subscribed before me this " of , 2011.
X rilaq
LISA R. MARTINEZ (Witness
we ore committed r,. providing excellent d l • and icroy t r who (!' r r ' i.
is r (. E,X.. ir., C:JIJ.�, SF.: i�V7(.; f:;' f
t_i� ,,1 .. ): (.ifs V4 r • /f: work, and ,i..'!a�� in �:; ii Vt)_?FCill. )i (.){.i!;;G f, rr1, ",:iQ(;C. :..: %I7!r%' ?C: »i y ,..
27 - 7 l
MIAMI.BEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
CITY CLERK'S OFFICE .
Tel: 305-673-7411 , Fax: 305 - 673 -7254
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
CITY OF MIAMI BEACH:
OATH OF OFFICE
I, Babak Movahedi a citizen of the State of Florida and of the United States of America,
and being an officer of the City of Miami Beach and a recipient of public funds as such
officer, do hereby solemnly swear or affirm that I will support the Constitution of the
United States and the State of Florida, and that I will faithfully perform the duties of the
Office of Special Master of the City of Miami Beach for which I have been appointed.
X �
Mova edi Special Master
Sworn to and subscribed before me this day of 2011.
X
L18 R. MARTINEZ (Witness)
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MIAMI BEAC
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
CITY CLERK'S OFFICE
Tel: 305-673-7411 , Fax: 305 -673 -7254
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
CITY OF MIAMI BEACH:
OATH OF OFFICE
I, Joe Kaplan a citizen of the State of Florida and of the United States of America, and
being an officer of the City of Miami Beach and a recipient of public funds as such officer,
do hereby solemnly swear or affirm that I will support the Constitution of the United States
and the State of Florida, and that I will faithfully perform the duties of the Office of Special
Master of the City of Miami Beach for which I have been appointed.
X
r
Joe : p �peci 4w4ster
Sworn to and subscribed before m is / day of , 2011..
X
LL�A R. MARTINEZ (WITNE S)
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MIAMI BEA
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibea'hfl.gov
CITY CLERK'S OFFICE
Tel: 305-673-7411 , Fax: 305 -673 -7254
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
CITY OF MIAMI BEACH:
OATH OF OFFICE
I, Enrique-Zamora a citizen of the State-of Florida and of the United States of America,
and being an officer of the City of Miami Beach and a recipient of public funds as such
officer, do hereby solemnly swear or affirm that) will support the Constitution of the
United States and the State:of Florida, and that I will faithfully perform the duties of the
Office of Special Master of the City of Miami Beach for I have been appointed.
rique Zamor pecial Master
Sworn to and subscribed before me this day of C.1�4t, , 2011.
X
L ISA R. MARTINEZ (Witness
We ore cornmitted t(:) prrav i(.Jlr)g excel ei f F)ub is ;iervice oncl s oh. v :) C)it - who : ve, vvoi , or)d play in ow vibront, 1 fopical, historic; community.
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 Miami Beach City Code, I hereby reappoint Enrique Zamora,
Esquire and Joe Kaplan, Esquire, and Babak Movahedi, Esquire 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 until March
14, 2012, 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, and a copy shall be delivered to each of the appointed Special Masters.
Done and Ordered as of this 15 day of September, 2011.
ABRAHAM LAESER, ESQUIRE
Chief Special Master