98-22777 RESO
RESOLUTION NO.
98-22777
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER CONCERNING APPOINTMENT OF A CHIEF SPECIAL
MASTER 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 BE REASONABLY REQUIRED TO CONDUCT THE
SUBJECT HEARINGS; ESTABLISHING A BASE RATE OF ONE
HUNDRED DOLLARS ($100) PER HOUR UP TO A MAXIMUM TWO
THOUSAND DOLLAR ($2,000) CAP ON THE COMPENSATION TO BE
PAID TO THE CHIEF SPECIAL MASTER WITHOUT FURTHER CITY
COMMISSION AUTHORIZATION AND PROVIDING THAT THE CHIEF
SPECIAL MASTER'S DUTIES SHALL INCLUDE SERVING AS SPECIAL
MASTER FOR REHEARINGS WHEN THE ORIGINAL MASTER HAS A
CONFLICT OF INTEREST, OF SCHEDULING OR CANNOT SERVE AND
FURTHER PROVIDES THAT IF THE CHIEF SPECIAL MASTER SITS AS
ONE OF THE SPECIAL MASTERS HEARING CASES, HIS
COMPENSATION SHALL BE AS DEFINED IN MIAMI BEACH CITY CODE
CHAPTER 9B, SECTION 9B-4 FOR THAT FUNCTION.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH:
WHEREAS, in City of Miami Beach Ordinance No. 90-2709, Miami Beach City Code
Chapter 9B governing "Code Enforcement" was amended to provide for an alternate code
enforcement system wherein Special Masters were authorized to hold hearings and impose
fines, liens and other non-criminal penalties against violators of City Codes and ordinances;
and,
WHEREAS, in City of Miami Beach Ordinance No. 90-2723, City Code Chapter 9B,
Section 9B-4, entitled "Special Masters; appointment; duties," was amended to provide for
the appointment of a Chief Special Master to fulfill the above-referenced duties, with the
authority to appoint such other Special Masters as reasonably required to conduct said
hearings; appointment of the Chief Special Master was established upon the Miami Beach
Commission's acceptance by a majority vote of the Miami Beach City Manager's
recommendation for appointment thereof; and
WHEREAS, the City Commission wishes to limit the compensation to be paid to the
Chief Special Master without further City Commission authorization at one hundred dollars
($100) per hour, up to a maximum of two thousand dollars ($2,000) per six month term,
with the further direction that, should it appear that his compensation will exceed this cap,
authorization for such compensation shall first be obtained from the City Commission;
however, when the Chief Special Master sits as one of the special masters hearing cases,
his compensation shall be as defined in Miami Beach City Code Chapter 9B, Section 9B-4;
and
WHEREAS, there may be instances when the original Master on a case may not be
able to serve as Special Master for a rehearing due to a conflict of interest, conflict of
scheduling or inability to serve; and
WHEREAS, in order to provide for the expeditious administration of the Special
Master System it is necessary that the Chief Special Master serve as Master for rehearings
when the original Master is unable to serve.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission hereby accepts the
recommendation of the Miami Beach City Manager concerning the appointment of a Chief
Special Master pursuant to Miami Beach City Code Chapter 9B entitled "Code
Enforcement," said Chief Special Master to be authorized to hold hearings and impose
fines, liens and other non-criminal penalties against violators of City Codes and ordinances,
and further authorized to appoint such other Special Masters as may reasonably be
required to conduct the subject hearings; that the total compensation to be received by the
Chief Special Master for his administrative services in the capacity of Chief Special Master,
without further City Commission authorization for service during his six-month term shall
be at a rate of one hundred dollars ($100) per hour, up to a maximum of two thousand
dollars ($2,000) per six month term; that any compensation in excess of this cap shall
require prior Commission authorization; and that the Chief Special Master's duties shall
include serving as Special Master for rehearings when the original Master has a conflict of
interest, conflict in scheduling or cannot serve; however, when the Chief Special Master sits
as one of the special masters hearing cases, his compensation shall be as defined in Miami
Beach City Code Chapter 9B, Section 9B-4 for that function.
PASSED AND ADOPTED this 17th day of June, 1998.
~
YOR
ATTEST:
~lLf~~
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
1Ii~ 011cf
I Marney Date
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 Section
9B-4(a) of the City of Miami Beach Code, I hereby reappoint Eunice L. Martin, Esq.,
Carolyn Y. Howard, Esq., and Jason M. Berkman, 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 9B and 20 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 ofthisd3'd day of June, 1998, at the City of Miami Beach,
Miami-Dade County, Florida
RO~N~JtJ~,~--
Chief Special Master
~ITY OF MIAMI BEACH
'ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
ttp:\\ci, miami-beach. fl. us
COMMISSION MEMORANDUM NO. 31 ~ -Cf 8
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: June 17, 1998
FROM:
Sergio Rodriguez, City Manage
Murray Dubbin, City Attorne
SUBJECT:
APPOINTMENT OF JUDGE ROBERT NEWMAN TO SERVE AS CHIEF SPECIAL
MASTER
ADMINISTRATION RECOMMENDATION:
Adopt the attached Resolutions.
BACKGgOUND AND ANALYSIS:
In accordance with Chapter 9B of the City Code, the term of the Chief Special Master is six (6)
months. The Chief Special Master's current term expires on June 22, 1998. The Chief Special
Master in turn appoints Special Masters to handle specific matters.
Two of the attached Resolutions provide for the appointment by the City Commission of Judge
Robert Newman, based upon my recommendation. The City Attorney and I have determined that
Judge Newman has the knowledge, skills and abilities, to perform as Chief Special Master. One
Resolution appoints Judge Newman as Chief Special Master for code enforcement violations under
Chapter 9B of the City Code; the other Resolution appoints Judge Newman as Chief Special Master
for appeals from citations and violations or denials, suspensions, and revocations of occupational
licenses and certificates of use pursuant to Chapter 20 of the Miami Beach City Code.
The third attached Resolution provides for limiting the Chief Special Master's compensation to a
base rate of One Hundred Dollars ($100) per hour, up to a maximum of Two Thousand Dollars
($2,000) per six month term without further Commission approval unless it appears that the Chief
Special Master will exceed this cap.
In addition to his role as Chief Special Master, Judge Newman will actively hear cases under
Chapter 9B and Chapter 20 of the Miami Beach City Code at a rate of One Hundred Dollars ($100)
per hour, with a maximum payment of Five Hundred Dollars ($500) per hearing session.
Judge Newman will serve this City with distinction, and his appointment will best serve the interests
of the City.
CONCLUSION:
The subject Resolutions should be adopted.
'r,C
SR:~~P:LRM:lm
AGENDAITEM~
DATE
~-ll~9-8
May-26-98 ~G:5'A
P.02
JUDGIIlOBEIlT JL NEWMAN (IaT)
U ISLAND AVE. APT. 16M
Mlaml8eKJl, l1or1da 331"
(315) 531.1601
;'
Miami Beech High School
College. University of Miami . 1910
l.a.w School: Urtiversity Mian1i. lD.1952
Mediator with M~1ion. Inc., a group of former judgC8 und
experlena>> triaJ anomq'l providins n.utral third party intervention
to settle nuUot pauSing litigation through~ut ~ U.S.A
Certified Circuit Court Mediator. State of Florida
EDUCATION:
MEDIA nONI :
NEGOTlA nON
LAW PRACTICE: 1952.1959 Private Pra~ce
1952-1961 AsaisEInt Stale Attorney
1961-1963 Assistant U.S. Attorney
1963-1978 Privata Practice
JUDICIAL JUSTORY: AppoiDtcd to the Coulrty Court 1978
Appointed to the Cilcuit Court 19S2
Administrative Judie Probate &: Guardiansrnp Divi~n
PROFl.SSIONAL ACl'MTIES " ASSOCtA nONS.
U.S, Supromc Court (Admitted to pr&Ctice before)
SecretarY NatiOnal Board ofTIU$tCeS, lAukcn1ia Society of America. Inc.
and ChaifllWl. planned Givins Committee and By-LAws ConunitteEI
Past President., Temple Bem Am
Past Member of the Faculty ofP1orida New Judp College
ln~ctor at Dade County Community CoUege Paralegal Program
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