C7F -Appointment Of Chief Special MasterCOMMISSION ITEM SUMMARY
Condensed Title:
Reappointment of Abraham Laeser, Esq., as Chief Special Master for a term commencing on September 15, 2013
and endin on March 14, 2014.
Key Intended Outcome Supported:
Increase resident satisfaction with level of code enforcement.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community Satisfaction SuNey, 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 Summary/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 1 02 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 seNed 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.
Since Mr. Laeser's last appointment as Chief Special Master on February 6, 2013, City Manager Jimmy L Morales,
Assistant City Manager Joe Jimenez, City Clerk Rafael E. Granado and Chief Special Master Abraham Laeser have met
to discuss the implementation of additional improvements to the Special Master process, including limiting the number of
cases scheduled per day and commencing November 1, 2013, scheduling Building cases before 10:00 a.m., which
should reduce the overtime incurred.
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.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account Approved
Fun~s:~ 1 $250.00/hour-Maximum of $1,250 per 011-0210-000312
~-hearing. Estimated for remainder of FY
12/13 -$5,500
OBPI Total $5,500 011-0210-000312
Financial Impact Summary: The funding for FY 13/14 will be requested during the FY 13/14 Budget Process.
Clerk's Office Le islative Trackin
Rafael E. Granado, City Clerk
Si n-Offs:
Department Director
REG
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MIAMI BEACH
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AGENDA ITEM __ C-=-7 .. r7""":'=--
DATIE. __ '/.._-__!.t:,!_'/-_,_/3.L__
~ MlAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me
FROM:
DATE:
Jose Smith, City Attar
September 11, 2013l.
SUBJECT: REAPPOINTMENT OF CHIEF SPE
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 SEPTEMBER 15,2013 AND ENDING ON MARCH 14, 2014;
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.
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 SEPTEMBER 15, 2013 AND ENDING ON
MARCH 14, 2014.
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.
283
-------------------------
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 2013 Miami Beach Charter
Review Board.
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 February 6, 2013, City Manager
Jimmy L. Morales, Assistant City Manager Joe Jimenez, City Clerk Rafael E. Granado and
Chief Special Master Abraham Laeser have met to discuss the implementation of additional
improvements to the Special Master process, including limiting the number of cases scheduled
per day and commencing November 1, 2013, scheduling Building cases before 10:00 a.m.,
which should reduce the overtime incurred.
Statistics
1. Since February 6, 2013, the hearings have concluded as follows:
February 7, 2013
February 21, 2013
February 28, 2013
March 7, 2013
March 14, 2013
March 21, 2013
March 28, 2013
April 4, 2013
April 11, 2013
April 25, 2013
April 18, 2013
May 2, 2013
May 9, 2013
May 16, 2013
May 23, 2013
May 30, 2013
June 6, 2013
June 13, 2013
June 27, 2013
June 20, 2013
July11,2013
7:53p.m.*
5:25p.m.
5:26p.m.
8:08p.m.*
6:11 p.m.
5:41 p.m.
7:33p.m.*
9:20p.m.*
7:35p.m.*
6:52p.m.*
4:06p.m.
7:30p.m.*
6:34p.m.
6:10p.m.*
9:13p.m.*
3:40p.m.
9:25p.m.*
7:11 p.m.*
3:50p.m.
6:50p.m.
6:56p.m.*
284
July 18, 2013
July 25, 2013
August 6, 2013
August 8, 2013
August 15, 2013
7:01 p.m.*
6:57p.m.
3:39p.m.
6:45p.m.*
4:55p.m.
Cases labeled with an asterisk(*) include a night session, commencing at 6:00p.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 February 6, 2013.
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.
JLM/JS/reg®
T:IAGENDA\2013\September 11\Chief Special Master\CHIEF SPECIAL MASTER MEMO.doc
285
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 REAPPOINTMENT OF
ABRAHAM LAESER, ESQ., TO SERVE AS CHIEF SPECIAL MASTER,
FOR A TERM COMMENCING ON SEPTEMBER 15,2013 AND ENDING
ON MARCH 14, 2014; 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 September 15, 2013 and ending on March 14, 2014; 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.
286
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
September 15, 2013 and ending on March 14, 2014; 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 11th day of September 2013.
ATTEST:
RAFAEL E. GRANADO,
CITY CLERK
MATTI HERRERA BOWER,
MAYOR
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City Attorney Date
287
RESOLUTION NO.-------
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 MR. LAESER'S
TERM AS CHIEF SPECIAL MASTER ON SEPTEMBER 15,2013 AND ENDING
ON MARCH 14,2014.
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 September 11, 2013, the Mayor and City
Commission adopted Resolution No. , appointing Abraham Laeser, Esq., as
Chief Special Master, for a term commencing on September 15, 2013 and ending on March 14,
2014; 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 business tax receipts, 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 Mr. Laeser to serve as
the City Manager's "designee," for a six (6) month term commencing on September 15, 2013
and ending on March 14, 2014; 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.
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 appoint, 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 Mr. Laeser's term as Chief Special Master on September 15,
2013 and ending on March 14, 2014.
PASSED and ADOPTED this 11th day of September 2013.
ATTEST:
RAFAEL E. GRANADO,
CITY CLERK
MATTI HERRERA BOWER,
MAYOR
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