2004-25568 Reso
RESOLUTION NO. 2004-25568
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,
2004, AND ENDING DECEMBER 31,2004, 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.
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, 2004, and ending
December 31, 2004, 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 1,2004, and ending December
31, 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 26 day of May,
ATTEST:
~~~~
,..._..~""",.,,,,,..-,,,,.~:'r"'-
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
J- ~l.(
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
Two (2) Resolutions providing for the re-appointment of Judge Robert H. Newman, upon the
recommendation of the City Manager and the City Attorney. 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:
Shall 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:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Ci Clerk's Office Le islative Trackin
Robert E. Parcher, City Clerk
Si n-Offs:
Department Director
Assistant City Manager
City Manager
T:\AGENDA\2003\decl003\consentlltem Summary Judge Newman.doc
AGENDA ITEM
DATE
C '7/~
'S'J.'-O'(
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \~
City Manager U. D_
Murray DUbbi1 \ \ ' .. ~,.V
City Attorney I '-Joi\~
Date: May 26, 2004
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, 2004, AND ENDING
DECEMBER 31, 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
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, 2004, AND ENDING
DECEMBER 31, 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 MAYREASONABL Y 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:lm
JUDGE ROBERT H. NEWMAN (SENIOR JUDGE)
11 ISLAND AVENUE #1811
Miami Beach, Florida 33139
(305) 531-1608
EDUCATION:
Miami Beach High School
College, University of Miami - 1950
Law School: University of Miami, J.D. 1952
MEDIATION/:
NEGOTIATION
Mediator with Mediation, Inc., a group of former judges
And experienced trial attorneys providing neutral third
party intervention to settle major pending litigation
throughout the U.S.A.
Certified Circuit Court Mediator, State of Florida
LAW PRACTICE:
1952-1959 Private Practice
1959-1961 Assistant State Attorney
1961-1963 Assistant U.S. Attorney
1963-1978 Private Practice
JUDICIAL HISTORY:
Appointed to the County Court 1978
Appointed to the Circuit Court 1982
Administrative Judge Probate & Guardian Division
PROFESSIONAL ACTIVITIES & ASSOCIATIONS:
U.S. Supreme Court (Admitted to practice before)
Chief Land Commissioner for the East Everglades
Commissioner on Miami-Dade County Committee on Ethics and
Public Trust
Former Secretary National Board of Trustees, Leukemia Society of
America, Inc. and Chairman, Planned Giving Committee and By-
Laws Committee
Former President, Temple Beth Am
Former Member of the Faculty of Florida New Judges College
Instructor at Dade County Community College Paralegal Program
Chief Special Hearing Officer, City of Miami Beach
EXHIBIT "A"
SPECIAL MASTER COMPLAINT PROCESS
1. 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, counselor others.
A Special Master shall accord to every person who has a legal interest III
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.
2. 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.
c. 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.
e. 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-
f. The Chief Special Master shall review the response, the complaint and any all
other information available regarding the complaint.
g. 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.
h. 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.
1. Appropriate sanctions shall be taken, if necessary, against the Special Master.
3. Chief Special Master
Maintain the same language with the following provisions:
a. 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.
b. 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.
c. 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.
T:\AGENDA\2003\junI103\consentlSpecial Master Complaint Process.doc
May 20, 2004
Jorge M, Gonzalez, City Manager
Murray Dubbin, City Attorney
This is to advise you that during the last six months, two Special Master complaints were
filed with the Special Master office. Attached please find the disposition.
Very truly yours,
t\ ~J f2~_ h~ ~
Jri~otfert Ii.~~an
Chief Special Master
Attachments
/
./
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
-
CLERK OF THE SPECIAL MASTER
TELEPHONE: (305) 673-7181
FAX: (305) 673-7182
DATE: January 15, 2004
FROM: Chief Special Master Judge Robert H. Newman
TO: Mayor David Dermer
Vice-Mayor Jose Smith
Commissioner Matti Herrera Bower
Commissioner Simon Cruz
Commissioner Luis R. Garcia, Jr,
Commissioner Saul Gross
Commissioner Richard L. Steinberg
City Manager Jorge M. Gonzalez
City Clerk Robert E. Parcher
City Attorney Murray H, Dubbin
Special Master Eunice L. Martin
Mr, Michael Stern
SUBJECT: Complaint against Special Master Eunice L. Martin
Special Master Case JC03000670, 1930 Calais Drive
Pursuant to Resolution No. 2003-25226, on June 11, 2003 the City Commission approved the
"Special Master Complaint Process."
On January 13, 2004, a complaint was received in the Special Master office from Mr. Michael Stern,
contractor for the property located at 1930 Calais Drive, Miami Beach. The complaint was against
Special Master Eunice L. Martin regarding the conduct of Special Master Martin at the hearing of
December 11, 2003 for code violations filed by the Code Compliance Division against 1930 Calais
Drive.
I reviewed all file records of the case, listened to the tape recording of the hearing and reviewed the
written response provided by Special Master Martin.
Based upon all of the evidence reviewed, I find that Special Master Martin followed proper procedure
and acted according to the code of ethics dictated by the "Special Master Complaint Process".
Attachments:
Complaint
Response
F :\CLERI$ALL \LISA \JC03000670.doc
The Stcrn Compgnies he,
6538 Collins /\ vo:nu..: iI 2[1
Miami Bcach. Florid.1 33 ['to
CBC.06007l
305-~64-5757
",0
J (03000 f..p
JanU<lry 1 3, 2004
I'd
n v~ rA .
K €. ~e-l )Oll 'CD
ill) t {Act
Chief Special Master
Judg~Robllrl H. Nllwrmm
1700 Convention Center Drive
vriami B'~ach, Fl(lrida 33139
Dear Judge Newman.
1 recently attended u Special Ma~tcr hearing ell December Ill" 2003 at the request 01" Mr
Antonio Santos the propert, owner of 1930 Calais drive Miami Beach, At this hearing I
proceedcd to explain to thc Special Master ( Eunice Mm1in) the particulars regarding the abo...c
referenced case, During my r:uempts tl) du~-i fy the sit:lation w:th Ms. Martin she became ungry
and accused me orC!w~fisil1g lwr for ~ome reason, 1 find it ext:'cmcly frustrating as a long time
resident ortbe city o!"\fiami 3i::ach to be attacked by M,. Martin, This is not the first time that (
have had the opp'~rlullily to present a (;;Lo;e before J\1s,Martin :md frankly speaking it would not
bc the liri;ttimc tl~at sh;: rolled her eyes as if I was not being honest with hcr. T have seen her 011
other occasion" {;lIking t,. thi; :'<l111e people that pay her salary as [rthey were criminals, This typc
ol"behavi~)r by a l>pec.:ial ma~tcr is totally Ullt1CCcptablc and should not be tolerated by anyone.
With the thought in mind that you arc a v.;;ry busy person, T do not W,illt to bother YOll any
further, 1 am how(:vcr asking YOll to plca~c take the time to investigate this matter. 1 pcrsonnlly
am requesting th3: she recuse h'~rscll'lrom any cases r may have come before the special ma~t{'r
liS I do not want to be trcaku in thatlllshion.
LAW OFFICE OF EUNICE L. MARTIN, P.A.
13899 Biscayne Blvd.
Suite 137
Miami, FI. 33181
(305) 341-3544
(305) 341-3504 FAX
R .vi t/
il!el v/ ~ 10
j I (fI
tJ
January 15, 2004
HAND DELIVERED
The Honorable Robert Newman, Chief Special Master
Office of the Special Master
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Fl. 33139
Re: COMPLAINT FROM VIOLATOR RECEIVED 1/13/04
AND PROVIDED TO ME ON 1/14/04. JC03000670
Dear Judge Newman:
I do not specifically remember the case heard on December 11,
2003, involving the Complaint. Mr. Stern is making specific
allegations in his Complaint as to his treatment by me which can be
corroborated or disproved by reviewing the audio tape. I do not
have any personal grievance against Mr. Stern, in fact I do not
remember him or his case.
Thank you for your assistance and consideration herein.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
-
CLERK OF THE SPECIAL MASTER
TELEPHONE: (305)673-7181
FAX' (300) 673-71 A~
DATE:
January 9, 2004
,r-AK ~.QJ Ii. L~
FROM:
Chief Special Master Judge Robert H, Newman
TO: Mayor David Dermer
Vice-Mayor Jose Smith
Commissioner Matti Herrera Bower
Commissioner Simon Cruz
Commissioner Luis R. Garcia, Jr.
Commissioner Saul Gross
Commissioner Richard L. Steinberg
City Manager Jorge M. Gonzalez
City Clerk Robert E. Parcher
City Attorney Murray H. Dubbin
Special Master Eunice L. Martin
Mr. Babak Raheb
SUBJECT: Complaint against Special Master Eunice L. Martin
Special Master Case J04F0001 02, Five Star Cleaners, 6540 Collins Avenue
Pursuant to Resolution No. 2003-25226, on June 11, 2003 the City Commission approved the
"Special Master Complaint Process."
On December 8, 2003 a complaint was received in the Special Master office from Mr, Babak Raheb,
owner of the business Five Star Cleaners, located at 6540 Collins Avenue, Miami Beach. The
complaint was against Special Master Eunice L. Martin regarding the conduct of Special Master
Martin at the hearing of December 4, 2003 for fire violations filed by the Fire Department against Five
Star Cleaners.
I reviewed all file records of the case, listened to the tape recording of the hearing and spoke with
Special Master Martin.
- .--
Based upon all of the evidence reviewed, I concluded that the allegation against Special Master
Martin is unfounded. Special Master Martin followed proper procedure and acted according to the
code of ethics dictated by the "Special Master Complaint Process".
Based on the above mentioned facts and evidence, Mr. Raheb's request for a rehearing is denied.
Att: Copy of complaint letters
F:\CLER\$ALL\KERRY\J04F-1 02.L TR.doc
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REC!IVEO
DEe 08 2003
CLERK OF
THr ~D~~ I' I ~;1t STER
LAW OFFICE OF EUNICE L. MARTIN, P.A.
13899 Biscayne Blvd.
Suite 137
Miami, Fl. 33181
(305) 341-3544
(395) 341 3S04 F ft-X
December 18, 2003
HAHD DELIVERED
The Honorable Robert Newman, Chief Special Master
Office of the Special Master
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Fl. 33139
Re: COMPLAINT FROM VIOLATOR RECEIVED 12/09/03
AND PROVIDED TO ME ON 12/11/03
Dear Judge Newman:
I found it difficult to read the complaint, due to the
illegible handwriting. It appears that the violator is claiming
bias among other things. A review of the record of the hearing
will reveal no basis for the complaint.
Thank you for your assistance and consideration herein.
RECEIVED
DEe 1 8 2003
CLERK of
THE SPECIAL MASTER
/'
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 14th day of June, 2004.
~~~-\~
JU GE OBERT H. NEWMAN
Chief Special Master