Loading...
2007-26610 ResoRESOLUTION NO. 2007-26610 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH, CONCERNING THE APPOINTMENT OF JUDGE MARIO P. GODERICH, TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON SEPTEMBER 5, 2007, AND ENDING ON MARCH 4, 2008; PROVIDED FURTHER THAT CHIEF SPECIAL MASTER, JUDGE GODERICH 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 appointment of Judge Mario P. Goderich to as Chief Special Master for the City of Miami Beach, for a term commencing on September 5, 2007, and ending on March 4, 2008; 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, additionally, as it is the policy of the City of Miami Beach that each attorney hired by it shall uphold certain standards of conduct and representation, the Chief 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. 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 appointment of Judge Mario P. Goderich, to serve as Chief Special Master, for a term commencing on September 5, 2007, and ending on March 4, 2008; provided further that, as Chief Special Master, Judge Goderich 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 ''r37 and -38 thereof, concerning the compensation of the Chief Special Master. ~ PASSED and ADOPTED this 5~' da of Se tember 200. Y P i ,~ 'i ATTEST: MAYOR David Dermer CITY CLERK Robert Parcher T:\AGENDA\2007\sep0507\ConsentUudge Goderich- Chapter 30 Reso.doc APPROVED AS TO FORM & LANGUAGE m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO Mayor David Dermer and Members of the City mission FROM: Jorge M. Gonzalez, City Manager Jose Smith, City Attorn DATE: September 5, 2007 SUBJECT: APPOINTMENT OF CHIEF SPECIAL MASTER 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH, CONCERNING THE APPOINTMENT OF JUDGE MARIO P. GODERICH, TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON SEPTEMBER 5, 2007, AND ENDING ON MARCH 4, 2008; PROVIDED FURTHER THAT CHIEF SPECIAL MASTER, JUDGE GODERICH 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. 2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND APPOINTING, PURSUANT TO SECTION 102-356 OF THE CITY CODE, JUDGE MARIO P. GODERICH, (CHIEF SPECIAL MASTER APPOINTED PURSUANT TO RESOLUTION NO. 2007-26610 ), AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102-356 OF THE CITY CODE; SAID DESIGNATION COMMENCING WITH JUDGE GODERICH'S TERM AS CHIEF SPECIAL MASTER ON SEPTEMBER 5, 2007, AND ENDING ON MARCH 4, 2008. ADMINISTRATION RECOMMENDATION Adopt the Resolutions. ANALYSIS The attached two Resolutions provide for the appointment by the City Commission of Judge Mario P. Goderich. One Resolution appoints Judge Goderich as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the other Resolution appoints Judge Goderich 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. Judge Goderich is a Supreme Court certified mediator. He retired from the bench in 2005, where. he served for 30 years, the last 15 with the Third District Court of Appeal. In 1975, he was appointed industrial claims judge by Governor Reuben Askew, who in 1978 appointed him circuit court judge for the Eleventh Judicial Circuit. In 1990, Governor Bob Martinez appointed him to the third District Court of Appeal, from which he retired in 2005. Judge Goderich has the distinction of being the first Cuban-American appointed to all three courts. Judge Goderich has a long history of service to the community. He has served on the Board of Directors for the International YMCA, Metro Dade County Community Relations Board, Hope School, United Way of Dade County, and the Cuban American National Planning Council. Additionally, he founded the Cuban American Bar Association in 1974. In 2004, he was the recipient of the St. Thomas University School of Law Jurist of the Year Award. That same year, the Cuban American Bar Foundation created a merit scholarship at Florida International University College of Law in his honor. In 2005, the Dade County Bar Association created an annual award for ethics to be presented to an attorney in his honor. Judge Goderich 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. JG:REP:LRM:Im T:WGENDA\2007\sep0507\Consent\Judge Goderich Appointment Memo.doc m MIAMIBEACH OFFICE OF THE CITY MANAGER NO. LTC# /9~/-zUO°7 LETTER TO COMMISSION TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ~. DATE: August 21, 2007 SUBJECT: Appointment of Chief Special Master -Judge Mario P. Goderich The purpose of this Letter to Commission is to introduce Judge Mario P. Goderich, who is being recommended for appointment to Chief Special Master. As you may know, Jimmy Morales submitted his resignation as Chief Spedal AAaster. As such, the appointment of Chief Special Master will be included in the September 5, 2007 Commission Agenda for your consideration. As you can see from his r8sum~ attached, Judge Goderich has extensive legal experience and has made significant contributions to the community, all which make him an excellent dtoio8 for this position. A Miami Beach resident and recipient of numerous awards, Judge Goderich was appointed by Governor Bob Martinez to the Third District Court of Appeals in 1990, and is also a Supreme Court certified mediator. Judge Goderich retired from the bench after 30 years of service on the bench. I have attached his r~sum~ for your review and consideration. In the meantime, if you are interested in meeting with Judge Goderich, he will be available to meet with you on Tuesday, September 4, 2007. To sd~edule a time to meet with Judge Goderich, please contact Dolores Mejia, Special Projects Administrator, in my office at extension 6834. ff you have any questions, please feel free to contact me. JMG/DM Attachment F:kxnptl5ALL1LTC.071Chfef Special Masia~ Mario Goderich.doc MARIO P. GODERICH Wetherirtgton, Klein 8~ Hubbard 2 South Biscayne Blvd. Suite 2930 Miami, FL 33131 (305) 374-0650 Res: 6450 Collins Ave„ Apt. 1507 Miami Beach, FL 33141 (cell) (305) 401-2120 (e-mail) mpgoderich(cr~.bellsouth.net Mario P. Goderich is a Supreme Court certified mediator. He retired from the bend in 2005 where he had served for 30 years, the last 15 with the Third District Court of Appeals. He joined Gunster Yoakley in January 2005 and in March 2007, he joined Wetherington, Klein & Hubbard, a firm that does exclusively mediation and arbitration. Mr. Goderich was a partner in the Havana law firm of Castellanos & Goderich until 1959. He emigrated to Miami in 1961 and was assoaate law librarian at the University of Miami, later becoming library director and taw professor at the university. In 1975 he was appointed industrial claims judge by Governor Reuben Askew, who in 1978 appointed him arcuit court judge for the Eleventh Judicial Circuit. In 1990 Governor Bob Martinez appointed him to the Third District Court of Appeals, from which he retired in 2005. Mr. Goderich has the distinction of being the first Cuban-American appointed to all three courts. Practiq Areas SeMor counselor in Litigation, Appeals, and ArbitratioNMediation Educatlon Urdveraity of Miami, J.D., 1966 University of Havana, D.Civ.L., 1957 Profsssionai Assoefations and Memberships The Florida Bar, 1969 Member, Appellate Practice 8 Advocacy Section, 1999-Present Dade County Bar Association, 1969 American Bar Assodation, 2004 Feibw, Artrericatn Bar Foundation, 2005 Cuban American Bar Association, Founder and President, 1974, Board Member, 1975-78 Supreme Court Committee on Standard Jury Instructions (Civil), 1995-97 Civic and Community Service Phi Delta Phi Legal Fraternity International YMCA: Board of Directors, 1978-79 MQtro Dade County Community Relations Board, Vice Chair, 1978-79 Hope School Board of Direr ors, 1978-82 United Way of Dade County, Board of Directors Cuban American National Plarx~ing Council, Board of Directors Honors and Awards St. Thomas University Sc~aol of Law 2004 Jurist of fhe Year Award Cuban American Bar Foundation Merit Scholarship at Fbrida International University Coaege of Law, crested 2004 in ttis honor Dade County Bar Association annual award for ethics presented ~ an attorney, cxeated 2005 in his honor Coconut Grove Playhouse Spotlight Award in recognition for service in the South Florida oorrxrxudty, 2003 First redpient, Francisco Garcia-Amador Award, Center for Hispanic and Carribean Legal Studies, University of Mfami Sd~ool of Law, 1997 Ober of Derrwcracy, Govemment of the Republic of Colombia, 1968 Juarez Lincoln Distinguished Awrard, Hispanic National Bar Assotiation, 1987 Lawyer of the Americans Award. University of Miami, Inter- American Law Review. 1988 Outstanding Judge, Crhninal Division, Florida Council on Crime and DeUrquency,1981 ArticNs and Publicatio~rrs °Rslaooes Da Magistrature Com os Darnels Operadores Do Dlreito: Ministerb Publico. Dsfarreorio Publics, Advocacja" video, Fortaleza-Ce-Brasil, 1997 "The Role of tits Judiciary in the New Constitution, ° Bill of Rights in the Colombian Consti~tion, Bogota, 1993 Chapter ~ "Comparative and International Law,' How to Final Hre Law, 7° ed., 1976 Editor, American Association of Law Libraries Newsletter, 19t~7a Library resoun•,es for res~rch in the Caribb~n, university and research libraries, Caracas, Venezuela, October 1971 ~~ Spanish COMMISSION ITEM SUMMARY Condensed Title: Appointment of Judge Mario P. Goderich as Chief Special Master. Ke Intended Outcome 5u orted: Increase resident satisfaction with level of code enforcement. Supporting Data (Surveys, Environmental Scan, etc.): In the 2007 Community Satisfaction Survey, 61 % of residents responded that they were very satisfied or satisfied with the fairness & consistency of the enforcement of codes & ordinances in their neighborhood. In 2006, the Special Master heard 1,299 cases 74% of the cases were resolved . Issue: Shall Judge Mario P. Goderich be appointed for a six month term beginning September 5, 2007, and ending March 4, 2008, or until a successor has been appointed? Item Summary/Kecommenaation: The attached two Resolutions provide for the appointment by the City Commission of Judge Mario P. Goderich. One Resolution appoints Judge Goderich as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the other Resolution appoints Judge Goderich 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. Judge Goderich is a Supreme Court certified mediator. He retired from the bench in 2005, where he served for 30 years, the last 15 with the Third District Court of Appeal. In 1974, he founded the Cuban American Bar Association. The Administration recommends approving the Resolutions. Adviso Board Recommendation: N/A Financial Information: Source of Amount Account Approved Funds: ~ 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Bob Parcher, City Clerk Sign-Offs: Department Director. As s nt City Manager City Manager T:WGENDA12007\sep0507\ConsentWudge Goderich Itelrr Summary.doc U m MIAMIBEACH U AGENDAIT'EM C7J oATE 9-s-v 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 Miami Beach City Code, I hereby reappoint Lisa Walsh, Esq., and Enrique Zamora, Esq., and Joe Kaplan, 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 until March 5, 2008, 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, and a copy shall be delivered to each of the appointed Special Masters. Done and Ordered as of this 6th day of September, 2007. J~1 GE MARIO P. GODERICH Chief Special Master m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov CITY CLERK'S OFFICE Tel: 305-673-741 1 ,Fox: 305-673-7254 STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF MIAMI BEACH: OATH OF OFFICE I, Mario P. Goderich, a citizen of the State of Florida and of the United States of America, and being an officer of the City of Miami Beach and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and the State of Florida, and that I will faithfully perform the duties of the Office of Chief Special Master of the City of Miami Beach for which I have been appointed. ~~ ~ ~_ / 5~ `-; Marid P. Goderich, Chief Special Master f Sworn to and subscribed before me this tv day of ,,~~~V~--e~r'>7 ~ X2007. i VVa are c.c~rrn;t'ea t; ~r^v~d'nq ~~_~lier~ F~nLe .~r~i~e ar r se+e~~!. ~- vro .~a, ~ .uk ~crp`o; .,. ~~ 3 ~r ,p ~~~ h:4o c. .~,r .r.ri;< ~ MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov CITY CLERK'S OFFICE Tel: 305-673-741 1 ,Fax: 305-673-7254 STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF MIAMI BEACH: OATH OF OFFICE I, Joe Kaplan, a citizen of the State of Florida and of the United States of America, and being an officer of the City of Miami Beach and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and the State of Florida, and that I will faithfully perform the duties of the Office of Special Master of the City of Miami Beach for which I have been appointed. X plan!S~cial Master Sworn to and subscribed befo ~';~ ~ j~ . f'Yf err ~ f ~~° ., ,~7 ~ me this / day of ~ ~y , 2007. l^.ia are corn~n(tted t-~ ~;rov~dn~ ~x eiiPr~r ouu;i- - =rwce cn<r sc fey !o a ~ ~.,;no l~ ~2, ~tir,,rG, ~nr `;~.;rr ~- ~~,. ~~.,~ ~~d 7_~p~ ~ ; histo~'~ .wnn;,.rii;:~. ~ MIAMIB~ACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov CITY CLERK'S OFFICE Tel: 305-673-7411 ,Fax: 305-673-7254 STATE OF FLORIDA COUNTY OF MIAMI-DADS CITY OF MIAMI BEACH: OATH OF OFFICE I, Lisa Walsh, a citizen of the State of Florida and of the United States of America, and being an officer of the City of Miami Beach and a recipient of public funds as such officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and the State of Florida, and that I will faithfully perform the duties of the Office of Special Master of the City of Miami Beach for which I have been appointed. X Li Wa h, Special Master r Sworn to and subscribed before me this i:.0 day of X ~ ~~ f~~ ~ ~~~ ~- i rvz' ~;~~?-~'N ~"~ , 2007. W~ are carnm~eec~ io ~iavic~ n,~ exreLe,,: p~.~l,~- earv~r_e <rrcl sa=sry c aii ~,r~o Inge s~ai~, and pia; ~r, :,~ ~de,r ;;t, ~ .pi,_ ~, Y a'onc c ,irir~~,niry.