2002-25095 ResoRESOLUTION NO. 2002-25095
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA ACCEPTING
THE RECOMMENDATION OF THE CITY MANAGER
CONCERNING THE APPOINTMENT OF JUDGE ROBERT
NEWMAN TO SERVE AS CHIEF SPECIAL MASTER
COMMENCING DECEMBER 31, 2002, AND ENDING JUNE
30, 2003, OR UNTIL A SUCCESSOR HAS BEEN APPOINTED,
WHO SHALL BE AUTHORIZED TO HOLD ADMINISTRA-
TIVE HEARINGS REGARDING APPEALS FROM CITA-
TIONS FOR VIOLATIONS OF MIAMI BEACH CITY CODE
CHAPTERS AND REGARDING DENIALS, SUSPENSIONS,
AND REVOCATIONS OF OCCUPATIONAL LICENSES AND
CERTIFICATES OF USE, AND TO APPOINT SUCH OTHER
SPECIAL MASTERS AS MAY REASONABLY BE REQUIRED
TO CONDUCT SUCH HEARINGS PURSUANT TO CITY
ORDINANCES.
WHEREAS, pursuant to City of Miami Beach Ordinances, 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 who shall be authorized to hear appeals from citations for
violations of Miami Beach City Code provisions and to conduct hearings regarding denials,
suspensions and revocations of occupational licenses and certificates of use, 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, the use of Special Masters under the direction of a Chief Special
Master has proven to be an expeditious, cost effective and fair means of adjudicating issues relating
to code violations; and
WHEREAS, the City' Manager has recommended the reappointment of Judge Robert
Newman as the Chief Special Master for a six month term commencing December 31, 2002, and
ending June 30, 2003, or until a successor has been appointed.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission
hereby accepts the recommendation of the City Manager, and re-appoints Judge Robert Newman to
serve as Chief Special Master, for a six month term commencing December 31, 2002, and ending
June 30, 2003, or until a successor has been appointed, who shall be authorized to hold hearings and
impose fines, liens and non-criminal penalties against violators of City Ordinances and who shall
be authorized to hear appeals from citations for violations of Miami Beach City Code provisions and
to conduct hearings regarding denials, suspensions and revocations of occupational licenses and
certificates of use and who shall also be authorized to appoint such other Special Masters as may
reasonably be required to conduct such hearings as may be required pursuant to City Ordinances.
PASSED and ADOPTED this 11t~ day of D~~?
ATTEST: ~/ MAYOR
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
Reappointment of Judge Robert H. Newman as Chief Special Master.
Issue:
IShall Judge Robert H. Newman be reappointed as Chief Special Master for a term of six months?
Item Summary/Recommendation:
Judge Robert H. Newman's term as Chief Special Master expires on December 30, 2002 or until a
successor has been appointed. Pursuant to City Code Section 30-37(a) the Chief Special Master shall
be appointed to a term of six (6) months.
The attached two Resolutions provide for the reappointment by the City Commission of Judge Robert H.
Newman. One Resolution appoints Judge Newman as Chief Special Master for Code Enforcement
violations under Chapter 30 of the City Code; the other Resolution appoints Judge Newman 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.
The Administration recommends adopting these resolutions.
Advisory Board Recommendation:
Financial Information:
Amount to be expended:
Source of
Funds:
Sign-Offs:
T:~AGENDA~2002UUN 1902~CONSENT~NewmenSumma~.doc
DATE
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33159
www.ci.miarni-beach.fl.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Date: December 11, 2002
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez
City Manager t,] , ~ .
Murray H. Dubbin.
City Attorney ~'
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF
THE MIAMI BEACH CITY MANAGER CONCERNING APPOINTMENT OF
JUDGE ROBERT NEWMAN TO SERVE AS CHIEF SPECIAL MASTER,
COMMENCING DECEMBER 31, 2002, AND ENDING JUNE 30, 2003, OR
UNTIL A SUCCESSOR HAS BEEN APPOINTED, WHO SHALL BE
AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND
OTHER NON-CRIMINAL PENALTIES AGAINST VIOLATORS OF CITY
CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO
APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE
REQUIRED TO CONDUCT THE SUBJECT HEARINGS; INCORPORATING
ALL OTHER MATTERS SET FORTH WITHIN CITY OF MIAMI BEACH
RESOLUTION NO. 98-22777 CONCERNING THE COMPENSATION AND
DUTIES OF THE CHIEF SPECIAL MASTER.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF
THE CITY MANAGER CONCERNING THE APPOINTMENT OF JUDGE
ROBERT NEWMAN TO SERVE AS CHIEF SPECIAL MASTER
COMMENCING DECEMBER 31, 2002, AND ENDING JUNE 30, 2003, OR
UNTIL A SUCCESSOR HAS BEEN APPOINTED, WHO SHALL BE
AUTHORIZED TO HOLD ADMINISTRATIVE HEARINGS REGARDING
APPEALS FROM CITATIONS FOR VIOLATIONS OF MIAMI BEACH CITY
CODE CHAPTERS AND REGARDING DENIALS, SUSPENSIONS, AND
REVOCATIONS OF OCCUPATIONAL LICENSES AND CERTIFICATES
OF USE, AND TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY
REASONABLY BE REQUIRED TO CONDUCT SUCH HEARINGS
PURSUANT TO CITY ORDINANCES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolutions.
ANALYSIS
Judge Robert H. Newman's term as Chief Special Master expires on June 29, 2002 or until
a successor has been appointed. Pursuant to City Code Section 30-37(a) the Chief
Special Master shall be appointed to a term of six (6) months.
The attached two Resolutions provide for the reappointment by the City Commission of
Judge Robert H. Newman. One Resolution appoints Judge Newman as Chief Special
Master for Code Enforcement violations under Chapter 30 of the City Code; the other
Resolution appoints Judge Newman 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.
In his role as Chief Special Master, pursuant to Section 30-37(a), Judge Newman will
continue to actively hear cases under Chapters 30 and 102 of the Miami Beach City Code
at a rate of One Hundred Dollars ($100) per hour, with a maximum payment of Five
Hundred Dollars ($500) per hearing session.
Judge Newman is a retired Senior Judge with 20 years of active time on the bench. He
is an active member in good standing of the Florida Bar.
Judge Newman's professional activities and associations include:
· Admitted to practice before U.S. Supreme Court
· Commissioner on Miami-Dade County Committee on Ethics and Public Trust
· Chief Land Commissioner for the East Everglades
· Past President, Temple Beth Am
Past Member of the Faculty of Florida New Judges College
· Instructor at Miami-Dade Community College Paralegal Program
· Chief Special Hearing Officer, City of Miami Beach
Judge Newman was initially appointed to serve as the Chief Special Master on June 17,
1998. Since that time he has consistently demonstrated his knowledge, integrity, and
abilities to perform as Chief Special Master. He has served this City with distinction and
his reappointment will best serve the interest of the City. As such, it is recommended that
the City Commission approve the reappointment of Judge Robert Newman.
JMG/REP/Irm
T:IAGE N DA~2002~JUN 1902~CONSENT~Newman ~oc
JUDGE ROBERT H. NEWMAN (SENIOR JUDGE)
11 ISLAND AVENUE #1811
Miami Beach, Florida 33139
(305) 531-1608
EDUCATION:
Miami Beach High School
College, University of Miami - 1950
Law School: University of Miami, J.D. 1952
MEDIATION/:
NEGOTIATION
Mediator with Mediation, Inc., a group of former judges
And experienced trial attorneys providing neutral third
party intervention to settle major pending litigation
throughout the' U.S.A.
Certified Circuit Court Mediator, State of Florida
LAW PRACTICE:
1952-1959 Private Practice
1959-1961 Assistant State Attorney
1961-1963 Assistant U.S. Attorney
1963-1978 Private Practice
JUDICIAL HISTORY:
Appointed to the County Court 1978
Appointed to the Circuit Court 1982
Administrative Judge Probate & Guardian Division
PROFESSIONAL ACTIVITIES & ASSOCIATIONS:
U.S. Supreme Court (Admitted to practice before)
Chief Land Commissioner for the East Everglades
Commissioner on Miami-Dade County Committee on Ethics and
Public Trust
Former Secretary National Board of Trustees, Leukemia Society of
America, Inc. and Chai,~xxan, Planned Giving Committee and By-
Laws Committee
Former President, Temple Beth Am
Former Member of the Faculty of Florida New Judges College
Instructor at Dade County Community College Paralegal Program
Chief Special Hearing Officer, City of Miami Beach
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 City of Miami Beach Code, I hereby reappoint Eunice L. Martin,
Esq., Carolyn Y. Howard, Esq., and Jason M. Berkman, Esq., and Enrique Zamora, Esq.,
as Special Masters. David Alschuler, Esq. is appointed on an as-needed basis only. 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 for a period
of six (6) months from the date of this Order.
This Administrative Order shall be placed on file in the Offices of the City Clerk and
the City Attorney, a certified copy hereof shall be delivered to each of the appointed
Special Masters.
Done and Ordered as of this 27th day of December, 2002, at the City of Miami
Beach, Miami-Dade County, Florida
R~BEIS, T H. NEVVMAN
Chief Special Master