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2012-27835 Reso RESOLUTION NO. 2012-27835 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 MARCH 15, 2012, AND ENDING ON SEPTEMBER 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 March 15, 2012, and ending on September 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 March 15, 2012, and ending on September 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 8th day of February,2012. ATTEST: MAYOR Matti Herrera Bower o Gil * INCORP CITY CL RK CRATED: Robert Parcher �••'• TA?GENDA\2012\2-8-12Wbe Laeser Reappointment Ch •••�� APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION 23 J1 City rney Da 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 March 15, 2012, and ending on September 14, 2012? Item Summa /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 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Bob Parcher, City Clerk Sign-Offs: Department Director Assistant City Manager City Manager TIAGENDA\2012\2-8-12\Abraham Laeser Item Summary.doc MIAMIBEACH AGENDA ITEM C 7 DATE Z"Y'1 L OM AAIAMIBEACH City of Miami Beach, 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 Attorr e i DATE: FEBRUARY 8, 2012 4 SUBJECT: RE-APPOINTMENT OF CHIEF SPECIAL MASTER 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 MARCH 15, 2012, AND ENDING ON SEPTEMBER 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. , 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 15, 2012, AND ENDING ON SEPTEMBER 14, 2012. 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:\AGENDA\2012\2-8-12\Abe Laeser Re-Appointment Memo.doc } A'012 7e� - MIAMI BEACH 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, Enrique Zamora a citizen of the State of Florida and of the United States of A merica, 1. 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 B h for which 1 have been appointed. X que Zamo pecial Master Sworn :to an ubscribed before me this day of , 201 2. 1 ( itn ss) I We wt-" c:omrnit,ed to providing cxa,le t ser .r_e who 've v vork, and p:oy in our viorow ropicar hisronc ZO/Z -- o27g � � im MIAMI BEACH 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, 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. ak Mova Special Master Sworn to and subscribed before me this /day of G'' /O'l�l , 2012. X L A R. MARTINEZ (Witness) We are carnmitted to providing excellent public service and saleh,to cll who live, work,and ploy in our vibrant, tropical. historic cornrnunity. I 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 September 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 15th day of March, 2012. ABRAHAM LAESER, ESQUIRE Chief Special Master a oa - 2783 m► I , MAMIBEACH 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 4 Sworn to and subscribed before me thi day of 2012. X (Witness) i I I We ore corwroted to providing exceflent pr blic Se , . rvice and Sa"etl o ail who live", vvork, and play rn our vibrant, tropical, h;stor,C: comrnurwy. orb MIAMI.BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfI.gov, CITY CLERK'S OFFICE Tel: 305-6 , 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. Joe K Ian, Sp ial Master Sworn to and subscribed before me t is day of �`� , 2012. X (WITNESS) W c re committed fo providing exc:.,lr.;nt publ sc V.4"" ii�,�e:, woxk and plav in our vibront ropical historic co.m nunik,