2012-27980 Reso RESOLUTION NO; 2012-27980
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 REAPPOINTMENT OF
ABRAHAM LAESER, ESQ., TO SERVE AS CHIEF SPECIAL MASTER,
FOR A TERM COMMENCING ON SEPTEMBER 15, 2012 AND ENDING
ON MARCH 14, 2013; 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 reappointment of Abraham
Laeser, Esq., as Chief Special Master for the City of Miami Beach, for a term
commencing on September 15, 2012, and ending on March 14, 2013; 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 reappointment of
Abraham Laeser, Esq., to serve as Chief Special Master, for a term commencing on
September 15, 2012 and ending on March 14, 2013; 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 12th day of September 2012.
MA RA BOWER,
MAYOR
ATTEST:
RAFA L E. G
CITY CLE
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INCORP ORATED:
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H26
TAAGENDA\2012\9-12-12\Chief Special Master Resolution Chapter 30.doc
COMMISSION ITEM SUMMARY
Condensed Title:
Reappointment of Abraham Laeser, Esq., as Chief Special Master.
Key Intended Outcome Su ported:
Increase resident satisfaction with level of code enforcement.
Supporting Data(Surveys,Environmental Scan,etc.): According to the 2012 Community Satisfaction Survey,61%
of residents thought the City's code enforcement efforts were about right,while 21%felt the City did not do enough to
enforce codes.
Issue:
Shall Abraham Laeser, Esq. be reappointment to serve as Chief Special Master for a term commencing on September
15, 2012 and ending on March 14, 2013?
Item Summa /Recommendation:
On July 18,2012,the City Commission was presented with item C7C,which recommended appointment of a new Chief
Special Master.After discussing the matter,a motion was made and accepted unanimously to reconvene the Oversight
Committee for the City Attorney's Office in August to discuss the matter further and to obtain recommendations on how
to improve the Special Master program.
On August 22, 2012, the Oversight Committee for the City Attorney's Office convened relating to the Special Master
program. Upon concluding discussions, a consensus was reached by the parties to reappoint Chief Special Master
Laeser for six months. During these six months, Chief Special Master Laeser and representatives of the City Attorney's
Office and the Administration will meet,as needed,to discuss improvements to the overall management process of the
Special Master program.
The attached two Resolutions provide for the reappointment by the City Commission of Abraham Laeser, Esq.,as Chief
Special Master. The first Resolution appoints Mr. Laeser as Chief Special Master for Code Enforcement violations
under Chapter 30 of the City Code; the second Resolution appoints Mr. Laeser to hear appeals from citations and
violations or denials, suspensions,and revocations of local business taxes and certificates of use pursuant to Chapter
102 of the Miami Beach City Code.
Mr. Laeser brings to the City 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. Mr. Laeser has the knowledge,demeanor,skills and abilities,to perform as Chief Special
Master.
The Administration recommends approving the Resolutions.
Advisory Board Recommendation:
Oversight Committee for the City Attorney's Office (August 22, 2012) - consensus was reached by the parties to
reappoint Chief Special Master Laeser for six months.
Financial Information:
Source of Amount Account Approved
Funds: $250.00/hour-Maximum of$1,250 per 011-0210-000312
i hearing. Estimated for remainder of FY
1 1 11/12-$5,000.
OBPI Total $5,000 011-0210-000312
Financial Impact Summary: The funding for FY 12/13 will be requested during the FY 12/13 Budget Process.
City Clerk's Office Legislative Tracking:
Rafael E. Granado, City Clerk
Sign-Offs.
Department Director ttorney City Manager
REG JS KGB
T:\AGENDA\2012\9-12-12\Chief Specia aster i "Summary. c
MIAMIBEACH AGENDA ITEM C 7 C DATE 7 G11-2 J 2
MIAMIBEACH
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: Kathie G. Brooks, Interim Cit Manager
Jose Smith, City Attorn
DATE: September 12, 2012
SUBJECT: REAPPOINTMENT 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 REAPPOINTMENT OF ABRAHAM
LAESER, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM
COMMENCING ON SEPTEMBER 15, 2012 AND ENDING ON MARCH 14, 2013;
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 APPOINTING, PURSUANT TO SECTION
102-356 OF THE CITY CODE, ABRAHAM LAESER, ESQ. (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 LAESER'S TERM AS
CHIEF SPECIAL MASTER ON SEPTEMBER 15, 2012 AND ENDING ON
MARCH 14, 2013.
ADMINISTRATION RECOMMENDATION
Adopt the Resolutions.
ANALYSIS
On July 18, 2012, the City Commission was presented with item C7C, which recommended
appointment of a new Chief Special Master. The item was separated by Mayor Bower and
Commissioners Michael Gongora and Deede Weithorn. After discussing the matter, a motion
was made by Commissioner G6ngora to reconvene the Oversight Committee for the City
Attorney's Office in August to discuss this matter further and to obtain recommendations on how
to improve the Special Master Program; the motion was seconded by Commissioner Tobin; and
approved 7-0.
On August 22, 2012, the Oversight Committee for the City Attorney's Office convened relating to
the Special Master program. Mayor Matti Herrera Bower, Vice-Mayor Jorge R. Exposito and
Commissioners Michael G6ngora, Edward L. Tobin and Deede Weithorn were present.
Representing the City Attorney's Office were Jose Smith, City Attorney, Aleksandr Boksner,
Senior Assistant City Attorney, Rhonda Montoya Hasan, First Assistant City Attorney and
Steven H. Rothstein, First Assistant City Attorney. Representing the Special Master program
were Abe Laeser, Chief Special Master and Special Masters Joe Kaplan and Babak Movahedi.
Representing the Administration were Kathie G. Brooks, Interim City Manager, Jorge Gomez,
Assistant City Manager and Rafael E. Granado, City Clerk. Discussion was had regarding:
complaints made against Chief Special Master Laeser and Special Masters Kaplan and
Movahedi, disagreements in the interpretation of Chapter 162 of the Florida Statutes, Chapter
30 of the City Code, Statute of Limitations, discovery, ordering inspections, equitable estoppel
and due process.
Upon concluding discussions, a consensus was reached by the parties to reappoint Chief
Special Master Laeser for six months. During these six months, Chief Special Master Laeser
and representatives of the City Attorney Attorney's Office and the Administration will meet, as
needed, to discuss improvements to the overall management process of the Special Master
program, including staffing levels, judicial demeanor, ensuring consistency in the rulings of
cases with similar fact patterns and legal principles that if misapplied would subject the City to
potential liability.
On the determination of City Attorney Jose Smith that Abraham Laeser, Esq. possesses the
knowledge, skills and attributes to perform as Chief Special Master, and my concurrence with
such determination, I am recommending Abraham Laeser, Esq. as Chief Special Master.
Attached are two Resolutions providing for the reappointment by the City Commission of Mr.
Laeser. The first Resolution reappoints Mr. Laeser as Chief Special Master for Code
Enforcement violations under Chapter 30 of the City Code; the second Resolution reappoints
Mr. Laeser to hear appeals from citations and violations or denials, suspensions, and
revocations of business tax receipts, certificates of use and permits pursuant to Chapter 102 of
the City Code. Language has been added to 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, Mr. Laeser 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.
CONCLUSION:
Mr. Laeser has the knowledge, demeanor, skills and abilities, to perform as Chief Special
Master. He will 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.
KGB/J S/reg
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