2003-25425 ResoRESOLUTION NO. 2003-25425
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 JANUARY 1, 2004, AND ENDING JUNE 30,
2004, 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 January 1,2004, and ending
June 30, 2004, or until a successor has been appointed.
NOW, THEREFORE, BE IT DULY RESOLVED BY TItE 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 January 1,2004, and ending June
30, 2004, 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 l0th day of Dece~
ATTEST:
CITY CLERK
/ L/MAYOR~
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
ITwo (2) Resolutions providing for the re-appointment of Judge Robed H. Newman, upon the
recommendat on of the City Manager and the City Attorney. One Resolution appoints Judge Newman as
Chief Specia 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:
The Administration Recommends approving the Resolution.
Advisory Board Recommendation:
N/A
ncial Information:
F u n d s: ~
· 14 ·
Finance Dept. T~tal .
City Clerk's Office Legislative Tracking:
I Robed E. Parcher, City Clerk
T:~AGENDA~003\decl003\consent\ltem Summary Judge Newman.doc
AGENDA ITEM ~ 7~-'
DATE /,,2 -,/O -O_~
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
To:
From:
Subject:
COMMISSION MEMORANDUM
Date: December 10, 2003
Mayor David Dermer and
Members of the Cit Comm~
Jorge M. Gonzalez
City Manager
Murray Dubbin
City Attorney ~.
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 JANUARY 1, 2004, AND ENDING
JUNE 30, 2004, OR UNTIL A SUCCESSOR HAS BEEN APPOINTED, WHO
SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES,
LIENS AND OTHER NON-CRIMINAL PENALTIES AGAINST VIOLA-
TORS 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 JANUARY 1, 2004, AND ENDING
JUNE 30, 2004, 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:
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.
At the December 11,2002 City Commission Meeting, the City Commission requested the
Administration develop a process to evaluate the Special Masters and referred th is 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.
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 over 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 has 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:Im
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 31st day of December, 2003.
H. NEWMAN
Chief Special Master