C7G-Re-Appointment Of Chief Special MasterCOMMISSION ITEM SUMMARY
Condensed Title:
Re-appointment of Abraham Laeser, Esquire, as Chief Special Master.
Ke Intended Outcome Su orted:
Increase resident satisfaction with level of code enforcement.
Issue:
Shall Abraham Laeser be re-appointed to serve as Chief Special Master for a term commencing on
March 15, 2012, and endin on Se tember 14, 2012?
Item Summary/Recommendation:
The attached two Resolutions provide for the re-appointment by the City Commission of Abraham
Laeser, Esquire, as Chief Special Master. One Resolution re-appoints Mr. Laeser as Chief Special
Master for Code Enforcement violations under Chapter 30 of the City Code; the other Resolution re-
appoints Mr. Laeser 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.
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 April2009.
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.
The Administration recommends approving the Resolutions.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary:
islative Trackin
Si n-Offs:
Department Director Assistant City Manager
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MIAMI BEACH 193
Account Approved
City Manager
AGENDA IT&M _C_7_G-__
DAT& 2.->J-IL
C9 MIAMI BEACH
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:
Jose Smith, City Attor
DATE: FEBRUARY 8, 2012
SUBJECT: RE-APPOINTMENT 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 RE-APPOINTMENT OF ABRAHAM LAESER, ESQUIRE, TO
SERVE AS CHIEF SPECIAL MASTER, FOR A TERM
COMMENCING ON MARCH 15, 2012, AND ENDING ON
SEPTEMBER 14, 2012; 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 RE-APPOINTING,
PURSUANT TO SECTION 102-356 OF THE CITY CODE,
ABRAHAM LAESER ESQUIRE, (CHIEF SPECIAL MASTER RE-
APPOINTED PURSUANT TO RESOLUTION NO. ,
AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102-
356 OF THE CITY CODE; SAID DESIGNATION COMMENCING
WITH MR. LAESER'S TERM AS CHIEF SPECIAL MASTER ON
MARCH 15,2012, AND ENDING ON SEPTEMBER 14,2012.
ADMINISTRATION RECOMMENDATION
Adopt the Resolutions.
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ANALYSIS
The attached two Resolutions provide for the re-appointment by the City
Commission of Abraham Laeser, Esquire. One Resolution re-appoints Mr. Laeser
as Chief Special Master for Code Enforcement violations under Chapter 30 of the
City Code; the other Resolution re-appoints Mr. Laeser to hear appeals from
citations and violations or denials, suspensions, and revocations of occupational
licenses and certificates of use pursuant to Chapter 1 02 of the Miami Beach City
Code. Language has been added to one of 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 he 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.
Mr. Laeser has the knowledge, demeanor, skills and abilities, to perform as Chief
Special Master. He will to 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.
JMG/REP/LRM/Im
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195
RESOLUTION NO.-------
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
RE-APPOINTMENT OF ABRAHAM LAESER, ESQIDRE, TO
SERVE AS CHIEF SPECIAL MASTER, FOR A TERM
COMMENCING ON MARCH 15, 2012, AND ENDING ON
SEPTEMBER 14, 2012; PROVIDED FURTHER THAT CHIEF
SPECIAL MASTER LAESER SHALL BE AUTHORIZED TO
HOLD HEARINGS AND IMPOSE FINES, LIENS AND OTHER
NON-CRIMINAL PENAL TIES 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 re-appointment of Abraham Laeser,
Esquire, as Chief Special Master for the City of Miami Beach, for a term commencing on March
15,2012, and ending on September 14, 2012; 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
196
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 re-appointment of Abraham Laeser,
Esquire, to serve as Chief Special Master, for a term commencing on March 15, 2012, and ending
on September 14, 2012; 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 8th day ofFebruary, 2012.
ATTEST:
CITY CLERK
Robert Parcher
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197
MAYOR
Matti Herrera Bower
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
RESOLUTION NO.-------
A RESOLUTION APPROVING AND RE-APPOINTING,
PURSUANT TO SECTION 102-356 OF THE CITY CODE,
ABRAHAM LAESER ESQUIRE, (CHIEF SPECIAL MASTER RE-
APPOINTED PURSUANT TO RESOLUTION NO. ___ _
AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102-
356 OF THE CITY CODE; SAID DESIGNATION COMMENCING
WITH MR. LAESER'S TERM AS CHIEF SPECIAL MASTER ON
MARCH 15, 2012, AND ENDING ON SEPTEMBER 14, 2012.
WHEREAS, pursuant to the Section 30-36 of the Code of the City of Miami
Beach, 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
WHEREAS, at its regular meeting on February 8, 2012, the Mayor and City
Commission adopted Resolution No. , re-appointing Abraham
Laeser, Esquire, as Chief Special Master, for a term commencing on March 15,2012, and
ending on September 14, 2012; and
WHEREAS, pursuant to Section 102-356, the City Manager may also approve a
"designee," who shall be authorized to hear appeals from citations for violations of City
and County Codes and Ordinances and to conduct hearings regarding denials,
suspensions and revocations of occupational licenses, certificates of use and permits, as
provided by the City Code, 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, accordingly, the City Manager hereby recommends Abraham
Laeser, Esquire, to serve as the City Manager's "designee," for a six (6) month term
commencing on March 15,2012, and ending on September 14, 2012; and
WHEREAS, the Chief Special Master (including, as in the instant Resolution,
where the Chief Special Master is acting in his capacity as the City Manager's "designee"
under Section 102-356 of the City Code), 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.
198
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 approve and re-appoint, pursuant to Section 102-
356 of the City Code, Abraham Laeser, Esquire, (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 Mr. Laeser's term
as Chief Special Master on March 15, 2012, and ending on September 14, 2012.
PASSED and ADOPTED this gth day of February, 2012.
ATTEST:
CITY CLERK
Robert Parcher
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199
MAYOR
Matti Herrera Bower
APPROVED AS TO
FORM & LANGUAGE
& FOR ECUTION
1J2~ }u-
oate
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