2004-25750 Reso
RESOLUTION NO. 2004-25750
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, 2005, AND ENDING JUNE 30, 2005, 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 January 1,2005, and ending
June 30, 2005, 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 ofthe City Manager, and re-appoints Judge Robert Newman to
serve as Chief Special Master, for a six month term commencing January 1,2005, and ending June
30, 2005, 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 req ired pursuant to City Ordinances.
PASSED and ADOPTED this 8th day of December,
ATTEST:
J~cf PdALk
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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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.
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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 in
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.
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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\junl103IconsentISpecial Master Complaint Process.doc
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
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Condensed Title:
Two (2) Resolutions accepting the recommendation of the City Manager concerning the
appointment of Judge Robert Newman to seNe as Chief Special Master, commencing January 1,
2005, and ending June 30, 2005, or until a successor has been appointed. 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 Citv Code.
Issue:
Judge Newman will be relocating to West Palm Beach, Florida in early 2005 and he has agreed
to continue to actively hear cases until a successor has been appointed.
Shall the City Commission re-appoint Judge Robert H. Newman for a term of six-months or until a
successor is appointed?
Item Summary/Recommendation:
The Administration Recommends approving the Resolution.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1
E 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
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T:\AGENDA\2004\Dec0804\Consent\ltem Summary Judge Newman,doc
AGENDA ITEM
DATE
c78
/2 - 'l-otf
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 , )
Murray Dubbin^ l \' ~
City Attorney J V\I\
Date: December 8, 2004
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF
THE MIAMI BEACH CITY MANAGER CONCERNING APPOINTMENT OF
JUDGE ROBERT NEWMAN TO SERVE AS CHIEF SPECIAL MASTER,
COMMENCING JANUARY 1, 2005, AND ENDING JUNE 30, 2005, 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 JANUARY 1, 2005, AND ENDING JUNE 30, 2005, 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
Judge Newman will be relocating to West Palm Beach, Florida in early 2005. He has
agreed to continue to actively hear cases until a successor has been appointed.
The attached two Resolutions provide for the reappointment by the City Commission of
Judge Robert H. Newman for a time of six-months or until a successor has been
appointed. 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 1 02 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 this 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 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 since 1998, and his reappointment will best serve
the interests of the City. As such, the subject Resolutions should be adopted.
($(
JMG/REP/lm
T:\AGENDA\2004\Oec0804\Consent\Judge Newman Commission Memo.doc
BEFORE THE CHIEF SPECIAL MASTER IN
AND FOR THE CITY OF MIAMI BEACH,
FLORIDA
AOMINISTRATIVE 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, or until a successor has been appointed.
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 16h day of December, 2004.
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JU GE ROBERT H. NEWMAN
Cbief Special Master