A. Ex parte communications
Given that the City Commission will be sitting in an appellate capacity on this matter, any ex parte communications by members of the City Commission regarding the appeal must be disclosed, and City Commissioners are subject to cross-examination regarding any such communications. An ex parte communication is any communication conducted outside of the hearing.
While not prohibited under our Code, our office discourages members of the City Commission from engaging in ex parte communications. However, if you do engage in any ex parte communications relating to the appeal, please send an email to Paul Saca at firstname.lastname@example.org, including the name of the individual with whom you communicated. If you send or receive any emails relating to the appeal, those should also be forwarded to Paul. They must be disclosed on the record prior to the commencement of the hearing.
B. Conduct of hearing
Consistent with prior appeals heard by the City Commission, the schedule of the hearing will be as follows:
- Argument of Appellants Sunset Islands 3 and 4 Property Owners, Inc., and Terry Bienstock – 5 minutes
- Argument of Respondents Aaron J. Nahmad and Erica L. Nahmad – 5 minutes
- Argument of Respondent City of Miami Beach Design Review Board – 5 minutes
- Rebuttal by Appellants – 3 minutes
- Deliberation by City Commission
There is no public hearing associated with this appeal.
C. Voting requirement and standard of review
A five-sevenths (5/7) vote of the City Commission is required to reverse or modify the decision of the DRB. In order to reverse or modify, the Commission must first find that the DRB
(i) failed to provide procedural due process;
(ii) failed to observe the essential requirements of law; or
(iii) failed to base its decision upon competent substantial evidence.
Please feel free to contact me if you have any questions regarding the appeal.