2013-28132 Reso RESOLUTION NO. 2013 -28132
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 MARCH 15, 2013 AND ENDING ON
SEPTEMBER 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 March 15, 2013, and ending on September 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
March 15, 2013 and ending on September 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 6 day of February 2013.
I HERRE A B WER,
IM
ATTEST:
' INCORP � ,4
RAF L E. GRANADO, GRATED: �
CITY CLERK
TA\AGENDA\2013Tebruary 6 \Chief Special Master \Chief Special Master Resolution Chapter 30.doe
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
y t rney Date
COMMISSION ITEM SUMMARY
Condensed Title:
Reappointment of Abraham Laeser, Esq., as Chief Special Master for a term commencing on March 15, 2013 and
ending on September 14, 2013.
Key Intended Outcome Supported:
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.
Item Summa /Recommendation:
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.
Since Mr. Laeser's last appointment as Chief Special Master on September 12, 2012, Interim City Manager Kathie G.
Brooks, City Attorney Jose Smith, City Clerk Rafael E. Granado and Chief Special Master Abraham Laeser have met to
on numerous occasions to discuss the implementation of improvements to the Special Master process. To date, the
following improvements have been implemented:
1. In order to reduce the waiting times for the public, a staggered scheduling system has been put into practice, where
hearings are scheduled at 9:00 a.m.; 10:00 a.m.; 11:00 a.m., 2:00 p.m.; 3:00 p.m., 4:00 p.m. and 6:00 p.m.
2. In 2013, there are five months that have five Thursdays. Historically, the City has not schedule hearing on the fifth
Thursday. In 2013, the City will hold an additional hearing in three of these five months. By adding these three
additional hearing dates to the calendar, we anticipate reducing the caseloads.
3. In order to diminish staff errors and develop efficiencies, the City Clerk has instituted regular meeting with his
Department and Building, Code and Fire Inspectors to discuss Special Master matters.
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: 1 $250.00 /hour- Maximum of $1,250 per 011 - 0210 - 000312
hearing. Estimated for remainder of FY
12/13 - $16,250.
OBPI Total $16,250.00 011- 0210- 000312
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Rafael E. Granado, City Clerk
Sign-Offs:
Department Director ttorney City anager
REG f JS KGB - t ef p
T:\AGENDA\2013 \February 6 \Chief Sped a a r Chief cial Master Item Summary.doc
AA I M E C H AGENDA ITEM .C -
DATE >
0 0 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 City Manager
Jose Smith, City Attorney
DATE: February 6, 2013
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 MARCH 15, 2013 AND ENDING ON SEPTEMBER 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 MARCH 15, 2013 AND ENDING ON
SEPTEMBER 14, 2013.
ADMINISTRATION RECOMMENDATION
Adopt the Resolutions.
ANALYSIS
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.
Since Mr. Laeser's last appointment as Chief Special Master on September 12, 2012, Interim
City Manager Kathie G. Brooks, City Attorney Jose Smith, City Clerk Rafael E. Granado and
Chief Special Master Abraham Laeser have met on numerous occassions to discuss the
implementation of improvements to the Special Master process. To date, the following
improvements have been implemented:
1. In order to reduce the waiting times for the public, a staggered scheduling system has been
put into practice, where hearings are scheduled at 9:00 a.m.; 10:00 a.m.; 11:00 a.m., 2:00
p.m.; 3:00 p.m., 4:00 p.m. and 6:00 p.m.
2. In 2013, there are five months that have five Thursdays. Historically, the City has not
schedule hearing on the fifth Thursday. In 2013, the City will hold an additional hearing in
three of these five months. By adding these three additional hearing dates to the calendar,
we anticipate reducing the caseloads.
3. In order to diminish staff errors and develop efficiencies, the City Clerk has instituted regular
meeting with his Department and Building, Code and Fire Inspectors to discuss Special
Master matters.
Statistics
1. Since September 12, 2012, no Special Master hearing has ended past 7:55 p.m. The
hearings have concluded as follows:
September 13, 2012 - 7:31 p.m.
September 20, 2012 - 6:51 p.m.
September 27, 2012 - 7:30 p.m.
October 4, 2012 - 7:07 p.m.
October 11, 2012 - 7:30 p.m.
October 18, 2012 - 4:56 p.m.
October 25, 2012 - 7:30 p.m.
November 1, 2012 - 7:37 p.m.
November 8, 2012 - 7:52 p.m.
November 15, 2012 - 6:48 p.m.
November 29, 2012 - 5:23 p.m.
December 6, 2012 - 7:55 p.m.
December 13, 2012 - 6:48 p.m.
December 20, 2012 - 4:17 p.m.
January 3, 2013 - 7:19 p.m.
January 10, 2013 - 7:20 p.m.
January 17, 2013 - 4:49 p.m.
Please note that the days during which the sessions ended after 6:00 p.m. were all dates
with night sessions, which commence at 6:00 p.m. Similarly, the day sessions ended no
later than 5:23 p.m.
2. The Office of the City Clerk has received neither formal complaints nor "in- house"
complaints against the Chief Special or the Special Masters since the reappointment of
Abraham Laeser, Esq. as Chief Special Master on September 12, 2012.
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 f
i
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