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2003-25226 ResoRESOLUTION NO. 2003-25226 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 JULY 1, 2003, AND ENDING DECEMBER 31, 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 July 1, 2003, and ending December 31, 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 July 1,2003, and ending December 31, 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 11th day of June, 2003. ATTEST: CITY CLERK FOFIM & LANG[II~ CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: ITwo (2) Resolutions providing for the re-appointment by the City Commission of Judge Robert H. Newman, upon the recommendation of the City Manager. 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. Issue: IShall Judge Robert H. Newman be re-appointed for a term of six months? Item Summary/Recommendation: IAdopt the Resolution. Advisory Board Recommendation: IN/A lncial Information: Source of Amount Account Approved Funds: 1 2 3 4 Finance Dept. Total City Clerk's Office Legislative Tracking: IRobert E. Parcher, City Clerk Assistant City Manager City Manager Sign-Offs: Department Director I T:~AGENDA~003~jun1103~,onsent\Special Master - summary.doc AGENDA ITEM DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 F ~ www.miamibeachfl.gov ~ To: From: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez~ City Manager Murray Dubbin- ~ City Attorney Date: June 11, 2003 Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDA- TION OF THE MIAMI BEACH CITY MANAGER CONCERNING AP- POINTMENT OF JUDGE ROBERT NEWMAN TO SERVE AS CHIEF SPECIAL MASTER, COMMENCING JULY 1, 2003, AND ENDING DECEMBER 31, 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 JULY 1, 2003, AND ENDING DECEMBER 31, 2003, OR UNTIL A SUCCESSOR HAS BEEN APPOINTED, WHO SHALL BE AUTHORIZED TO HOLD ADMINISTRATIVE 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. ADMINISTRATION RECOMMENDATION: Adopt the Resolutions. ANALYSIS: At the December 11,2002 City Commission Meeting, the City Commission requested the Administration develop a process to evaluate the Special Masters and referred this item to the Community Affairs Committee (CAC). The Administration, Judge Newman, Chief Special Master, and the Special Masters prepared a "Special Master Complaint Process." See Exhibit "A". At the March 25, 2003 CAC meeting, the CAC endorsed the Special Master Complaint Process. At the April 9, 2003 City Commission Meeting, the City Commission accepted the recommendation of the CAC. 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. 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 of the Florida Bar, in good standing. 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 Secretary for National Board of Trustees, Leukemia Society of America, Inc. and Chairman, Planned Giving Committee and By-Laws Committee 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 continues to demonstrate the knowledge, skills and abilities, to perform as Chief Special Master. He has served this City with distinction, and his reappointment will best serve the interests of the City. As such, the subject Resolutions should be adopted. JG:REP:LRM:Irm T:~AGENDA~003~jun1103~consent\Commission Memorandum-Judge Newman.dot EXHIBIT "A" SPECIAL MASTER COMPLAINT PROCESS Code of Conduct for Special Master Judicial Duties in General The judicial duties of a Special Master take precedence over all the Special Master's other activities. The Special Master's judicial duties include all the duties of the Special Master's office prescribed by law. In the performance of these duties, the following standards apply. Adiudicative Responsibilities A Special Master shall hear and decide matters assigned to the Special Master. A Special Master shall be faithful to the law and maintain professional competence in it. A Special Master shall not be swayed by partisan interests, public clamor or fear of criticism. A Special Master shall require order and decorum in proceedings before the Special Master. A Special Master shall be patient, dignified and courteous to litigants, property owners, witnesses, lawyers and others with whom the Special Master deals in an official capacity, and shall require similar conduct of lawyers and of staff, court officials and others subject to the Special Master's direction and control. Commentary The duty to hear all proceedings fairly and with 'patience is not inconsistent with the duty to dispose promptly of the business of the court. Special Masters can be efficient and businesslike while being patient and deliberate. The Special Master shall have the discretion to continue matters which cannot be disposed of within the time allotted by the Clerk. A Special Master must refrain from speech, gestures or other conduct that could reasonably be perceived as sexual harassment and must require the same standard of conduct of others subject to the Special Master's direction and control. A Special Master shall perform judicial duties without bias or prejudice. A Special Master shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status. -2- A Special Master must perform judicial duties impartially and fairly. A Special Master who manifests bias on any basis in a proceeding impairs the fitness of the proceeding and brings the judiciary into disrepute. Facial expression and body language, in addition to oral communication, can give to parties or lawyers in the proceeding, the media and others an appearance of judicial bias. A Special Master must be alert to avoid behavior that may be perceived as prejudicial. A Special Master shall require lawyers in proceedings before the Special Master to refrain from manifesting, by words or conduct, bias or prejudice based upon race, sex religion, national origin, disability, age, sexual orientation or socioeconomic status, against parties, witnesses, counsel or others. A Special Master shall accord to every person who has a legal interest in proceedings, or that person's lawyers, the right to be heard according to law. A Special Master shall not initiate, permit, or consider ex parte communications, or consider other communications made to the Special Master outside the presence of the parties concerning a pending or impending proceeding. A Special Master may obtain the advice of a disinterested expert on the law applicable to a proceeding before the Special Master if the Special Master gives notice to the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond. A Special Master may consult with court personnel whose function is to aid the Special Master in carrying out the Special Master's adjudicative responsibilities or with other Special Masters. Complaint Resolution Procedures a. Upon receipt of a complaint, the complainant shall be advised that the complaint shall be filed in writing. b. Complaints shall be filed in writing and submitted to the Clerk of the Special Master. Upon receipt of the written complaint, within two (2) business days, the Clerk of the Special Master shall forward the original to Chief Special Master and a copy to the Special Master against whom the compliant was filed. d. The Chief Special Master shall review the complaint. Within ten (10) calendar days, the Special Master against whom the complaint was filed, if so chooses, shall submit to the Chief Special Master a response to the complaint. -3- The Chief Special Master shall review the response, the complaint and any all other information available regarding the complaint. Upon a thorough review of the all information regarding the complaint, the Chief Special Master shall discuss the findings with the Special Master against whom the complaint was filed. Within 30 calendar days, upon receipt of the complaint, the Chief Special Master shall submit a final report of its findings to the Mayor and City Commission, the City Attorney, City Manager, the Complainant, and the Special Master. i. Appropriate sanctions shall be taken, if necessary, against the Special Master. 3. Chief Special Master Maintain the same language with the following provisions: If the complaint is filed against the Chief Special Master, upon receipt of the complaint by the Clerk of the Special Master, the complaint shall be forwarded to the City Manager and the City Attorney. bo Within seven (7) days of receipt of the complaint by the City Manager and/or City Attorney, a Mediator shall be appointed by the City Manager and the City Attorney and provided a copy of the complaint. If the complaint is filed against the Chief Special Master, all references to the Chief Special Master shall be substituted with a Mediator appointed by the City Manager and City Attorney and the Special Master shall be substituted with the Chief Special Master. TAAGENDAX2003\jun I 103\consent\Special Master Complaint Process.doc 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 Enrique Zamora, Esq., 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 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 3rd day of July, 2003. JU ,I~E ROBERT H.-NEWMAN Chief Special Master