R7H-Consent Appointment Hernan D Cardeno Director Of Code Compliance DepartmentCOMMISSION ITEM SUMMARY
Condensed Title:
Consenting to the appointment of Hernan D. Gardena as the Director of the Code Compliance Department
for the Cit of Miami Beach.
Key Intended Outcome Supported:
Increase community satisfaction with City government; maximize efficient delivery of services; ensure
expenditure trends are sustainable over the long term
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
As a result me the constantly assessing and reassessing how we deliver services, and my commitment to
ensuring that our residents, businesses and visitors continue to receive the highest levels of services, I have
determined that it is in the organization's best interest to make the Code Compliance Division a standalone
department and that Hernan D. Gardena is the person best suited to lead this functional unit.
Due to the workload in the Building Department and the critical role code compliance plays in determining a
city's character, this separation will lead to a more effective administration of the mission of the Code
Compliance Department, which is to enforce the city codes uniformly, ensuring the health, safety, welfare,
and quality of life for the residents, businesses, owners and tourists in the City of Miami Beach. Code
Compliance is primarily responsible for maintaining neighborhoods and the community's quality of life.
Common code violations include: zoning violations, minimum housing standards, property maintenance
standards, noise, real estate signs, signs in right-of-way, sign regulations, sidewalk cafe regulations, business
tax receipts, certificates of use, illegal vendors, construction hours, operating hours for nightclubs, bars, liquor
stores; hours of sale of liquor, and marine regulations.
During his tenure with the City, Hernan Gardena has proven to have excellent leadership and management
skills. He has been instrumental in leading the Code Compliance Division as the City continues to move
forward restoring trust and confidence in City services and employees.
Mr. Cardeno has an extensive law enforcement background of over 29 years and currently serves as a Miami
Beach Reserve Police Officer. In addition, he holds a Juris Doctor Degree from Nova Southeastern
University's Shepard Broad Law Center. Conversations with Mr. Gardena regarding his appointment as
Director resulted in him agreeing not to accept new clients and to stop practicing law once he has fulfilled his
professional commitment to his current clients. I recommend Mr. Gardena for your approval as Director of the
Code Compliance Department.
Pursuant to the requirements of Article IV, Section 4.02 of the City Charter, it is recommended that the Mayor
and the City Commission adopt the attached resolution consenting to and confirming Hernan D. Gardena, as
the Director of the Code Compliance Department for the City of Miami Beach.
I N/A
Advisory Board Recommendation:
Financial Information:
Source of Amount
Funds: 1 c 2
3
4
OBPI Total
Financial Impact Summary:
City Clerk's Office Le islative Trackin
Sylvia Crespo-Tabak, Human Resources
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Department Director Assistant Cit~ Jttanager
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, WW"W.miamibeachA .gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City
FROM: Jimmy L. Morales, City Manager
DATE: January 15, 2014
SUBJECT: A RESOLUTION OF THE MAYO AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORID CONSENTING TO THE APPOINTMENT
OF HERNAN D. CARDENO AS THE DIRECTOR OF THE CODE
COMPLIANCE DEPARTMENT FOR THE CITY OF MIAMI BEACH.
ADMINISTRATION RECOMMENDATION
Pursuant to the requirements of Article IV, Section 4.02 of the City Charter, it is
recommended that the Mayor and the City Commission adopt the attached resolution
consenting and confirming Hernan D. Gardena as the Director of the Code Compliance
Department for the City of Miami Beach.
BACKGROUND
I began my tenure as City Manager for the City of Miami Beach in April 2013, with a
strong commitment to ensuring that our residents, businesses and visitors continue to
receive the highest levels of services. While I have the pleasure of serving as your City
Manager, I continue to evaluate the leadership needs of our organization.
As a result, I have determined that it is in the City's best interest to make the Code
Compliance Division a standalone department. In doing so, I have appointed Hernan D.
Gardena to serve as the Director, with Robert Santos as the Assistant Director of the
Code Compliance Department.
My decision to elevate Code Compliance to department status is based on a number of
factors. First, given the workload in the Building Department and the critical role that
Code Compliance plays on Miami Beach, I believe that the separation will lead to a more
effective administration and enforcement of the City code. Secondly, I believe Mr.
Gardena and Mr. Santos have formed a good team, combining strong administrative
skills and oversight with effective community outreach. I think they have earned the
opportunity to be the Director and Assistant Director, respectively, of a free standing
department. There should be no significant financial impact since there are no positions
being added to the Code Compliance Department as a result of this reorganization and
the Building Department and Code Compliance have occupied separate spaces. Finally,
I believe that the Code Compliance Department is starting to come out of the shadows of
past scandals, which namely, I attribute to Mr. Gardena's extensive experience in law
enforcement and leadership skills.
Mr. Gardena is a 29-year veteran of law enforcement, having first served with the Bal
Harbour Police Department where he rose through the ranks to Assistant Chief. He later
became one of the youngest Chiefs of Police in Miami-Dade County history when he
was appointed Chief of the Golden Beach Police Department; then serving as Assistant
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City Commission Memorandum-Consenting and Confirming Hernan D. Gardena, Esq. as Director of Code Compliance
January 15, 2014
Page 2 of2
City Manager and subsequently Interim City Manager. In 2001, he accepted an
Executive Commander position with the North Miami Beach Police Department with
oversight of the Forfeiture Section, Grants Management, and Money-Laundering task
force before being recruited by the Miami Beach Police Department
As Support Services Division Commander, he commanded the Property and Evidence
Unit, Training Unit, Personnel Selection and Background Investigations Unit, and
Business Resource Unit comprised of Off-Duty police services and Payroll preparation.
He previously commanded the Technical Services Division comprised of Professional
Standards, the Public Safety Communications Unit, Records Management, Information
Resources, and Grants Management.
In April of 2012, as the senior police command staff member, Mr. Cardeno was assigned
to the Code Compliance Division as part of a five point City plan to oversee day to day
operations and to liaison with the FBI in their ongoing investigation.
Mr. Gardena is a graduate of the University of Louisville's Southern Police Institute
Command Officers Development Course and the FBI's Federal Executive Development
Course. In 2013, he was recognized for his contributions of over twenty years by the
International Association of Chiefs of Police and the Florida Police Chiefs Association
and was awarded lifetime membership to both associations. In addition, Mr. Gardena
currently serves as a reserve Miami Beach Police Officer.
Mr. Cardeno holds a Bachelor's Degree from Barry University, having majored in Human
Resources Management with a minor in Counseling; and a Juris Doctor Degree from
Nova Southeastern University's Shepard Broad Law Center. He is an active member of
the Florida Bar and the American Bar Association. Conversations with Mr. Carden a
regarding his appointment as Director resulted in him agreeing not to accept new clients
and to stop practicing law once he has fulfilled his professional commitment to his
current clients.
CONCLUSION
During his tenure with the City of Miami Beach, Mr. Cardeno has proven to have
excellent leadership and management skills. He has been instrumental in implementing
positive changes in the Code Compliance Department and is ready to step up to
important tasks we have identified in North Beach, Lincoln Road, Ocean Drive and other
areas in our community. His appointment as the Director of the Code Compliance
Department will ensure that the City continues to move forward in restoring confidence in
the delivery of services to our residents, business community and visitors. As such, I
recommend Mr. Cardeno for your approval as Director.
Pursuant to the requirements of Article IV, Section 4.02, of the City Charter, it is
recommended that the Mayor and City Commission adopt the resolution consenting and
confir~m· Hernan D. Cardeno, Esq. as the Director of the Code Compliance
Depart nt.
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RESOLUTION NO. ____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE
APPOINTMENT OF HERNAN D. CARDENO AS THE DIRECTOR OF
THE CODE COMPLIANCE DEPARTMENT FOR THE CITY OF MIAMI
BEACH.
WHEREAS, the City Manager has realigned Code Compliance as a standalone
Department;
WHEREAS, the City Manager has appointed Hernan D. Cardeno as the Director
of the Code Compliance Department for the City of Miami Beach; and
WHEREAS, pursuant to Article IV, Section 4.02, of the City of Miami Beach
Charter, as well as Section 2-3 of the City Code, the City Manager has power to appoint
directors of the City departments with the consent of the Mayor and the City
Commission; and
WHEREAS, the Mayor and the City Commission wish to consent to and confirm
the appointment of Hernan D. Cardeno as the Director of the Code Compliance
Department for the City of Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, have consented to and
confirmed the appointment of Hernan D. Cardeno as the Director of the Code
Compliance Department for the City of Miami Beach.
PASSED and ADOPTED this __ day of--------' 2014.
ATTEST:
RAFAEL GRANADO, CITY CLERK
PHILIP LEVINE, MAYOR
APPROVED AS TO
fORf,.\ 8t lANGUAGE
& FOR EXECUnON
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