Item Coversheet

Resolutions - C7  B




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager and Rafael E. Granado, City Clerk 
DATE:May  4, 2022
 



SUBJECT:

REAPPOINTMENT OF CHIEF SPECIAL MAGISTRATE
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 REAPPOINTMENT OF ENRIQUE ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MAGISTRATE, FOR A TERM COMMENCING ON MAY 24, 2022 AND ENDING ON AUGUST 23, 2022; PROVIDED FURTHER THAT CHIEF SPECIAL MAGISTRATE ZAMORA 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 MAGISTRATES 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 MAGISTRATE.

2.  A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND REAPPOINTING, PURSUANT TO SECTION 102-356 OF THE CITY CODE, ENRIQUE ZAMORA, ESQ. (CHIEF SPECIAL MAGISTRATE REAPPOINTED PURSUANT TO RESOLUTION NO. _____________), AS THE CITY MANAGER’S “DESIGNEE” UNDER SECTION 102-356 OF THE CITY CODE; SAID DESIGNATION COMMENCING WITH ZAMORA’S TERM AS CHIEF SPECIAL MAGISTRATE ON MAY 24, 2022 AND ENDING ON AUGUST 23, 2022.

 


RECOMMENDATION

Recommending the reappointment of Enrique Zamora, Esq. as Chief Special Magistrate.

ANALYSIS

As previously determined by City Attorney Raul J. Aguila that Enrique Zamora possesses the knowledge, skill, and attributes to perform as Chief Special Magistrate, and in consultation with both the current City Attorney and City Clerk,  I am recommending reappointing Enrique Zamora, Esq. as Chief Special Magistrate. Mr. Zamora possesses the knowledge, skills, and attributes to undertake this important role. Attached are two Resolutions providing for the reappointment by the City Commission of Mr. Zamora. The first Resolution reappoints Mr. Zamora as Chief Special Magistrate for Code Enforcement violations under Chapter 30 of the City Code; the second Resolution reappoints Mr. Zamora to hear appeals from citations and violations or denials, suspensions, and revocations of certificates of use pursuant to Chapter 102 of the Miami Beach City Code. Language has been added to the Resolutions prohibiting the Chief Special Magistrate and each Special Magistrate from engaging in practice where he/she represents a client in a manner adverse to the interests of the City of Miami Beach, and from lobbying the City during his/her service with the City. Mr. Zamora was first appointed as the Chief Special Magistrate for the City of Miami Beach on the April 23, 2014 City Commission Meeting.

 

Mr. Zamora is a partner with the law firm of Zamora, Hillman & Villavicencio. Mr. Zamora’s practice includes the areas of probate and guardianship administration, probate litigation, guardianship, estate planning and elder law. He is also a certified civil mediator. He has been the chair of the Guardianship Committee of the Elder Law Section of the Florida Bar and member of the Guardianship Task Force where he represents the Elder Law Section. Mr. Zamora is an adjunct professor at St. Thomas University School of Law where he teaches Elder Law and Guardianship Law. He is the past chair of the Probate and Guardianship Committee of the Dade County Bar Association, where he also served as Vice-Chair and Secretary. Mr. Zamora has served as general counsel, director and president of the South Florida Guardianship Association. Mr. Zamora has acted as General Master, Guardian Advocate and Special Public Defender in Baker Act proceedings for the last nine years. Mr. Zamora was the recipient of the 2007 Put Something Back Pro Bono Award presented by the Dade County Bar Association. Mr. Zamora has been listed as a Super Lawyer by Florida Super Lawyers Magazine, as a top attorney in Florida for 2012 - 2022.

 

Mr. Zamora has a Juris Doctorate Degree from the University of Miami School of Law (1985); a Master of Business Administration (1975) and a Master of Science Management in Accounting and Taxation (1981) from Florida International University; and a Bachelor of Science in Electrical Engineering (1971) from the University of Florida.

 

A copy of Mr. Zamora’s resume is attached for your review.

 

Statistics:

 

1. Since February 3, 2022, the Special Magistrate hearings have concluded as follows:

 

February 3, 2022 - 6:35 p.m.*

February 10, 2022 - 4:00 p.m.

February 24, 2022 - 7:47 p.m. *

March 3, 2022 - 6:35 p.m. *

March 10, 2022 - 3:58 p.m.

March 24, 2022 -  3:40 p.m.

April 7, 2022 - 6:45 p.m.*

April 14, 2022 - 3:30 p.m.

Cases labeled with an asterisk (*) include a night session, commencing at 6:00 p.m.

 

2. Neither the Office of the City Clerk, the Office of the City Manager, nor the Office of the City Attorney has received either formal complaints or internal complaints against the Chief Special Magistrate or the Special Magistrates since the appointment of Enrique Zamora as Chief Special Magistrate on April 23, 2014.

SUPPORTING SURVEY DATA

N/A

FINANCIAL INFORMATION

The maximum estimated amount for the three-month period from May 24, 2022 through August 23, 2022 is $28,800.00.

Amount(s)/Account(s):

Amount:     $28,800.00

Account:     011-0210-000312 

CONCLUSION

Mr. Zamora has the knowledge, demeanor, skills, and abilities, to perform as Chief Special Magistrate. He will continue to serve this City with honor and distinction, and his reappointment will best serve the interests of the City. As such, the subject Resolutions should be adopted.

Applicable Area

Not Applicable
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
No No 

Strategic Connection

Non-Applicable
Legislative Tracking
Office of the City Clerk

ATTACHMENTS:
Description
Enrique Zamora Resume
Resolution 1
Resolution 2