| | | | | | | | | Resolutions - C7 A
COMMISSION MEMORANDUM |
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| | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | FROM: | Alina T. Hudak, City Manager and Rafael E. Granado, City Clerk | | DATE: | February 1, 2023 | | |
| SUBJECT: | REAPPOINTMENT OF CHIEF SPECIAL MAGISTRATE
1. A RESOLUTION 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 FEBRUARY 24, 2023 AND ENDING ON AUGUST 23, 2023; RATIFYING MR. ZAMORA'S APPOINTMENT OF ANNETTE EPELBAUM CANNON, ESQ. AND MARYANNE LUKACS, ESQ. AS SPECIAL MAGISTRATES; PROVIDED FURTHER THAT CHIEF SPECIAL MAGISTRATE ZAMORA AND HIS APPOINTED SPECIAL MAGISTRATES 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 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 AND THE SPECIAL MAGISTRATES.
2. A RESOLUTION APPROVING AND REAPPOINTING, PURSUANT TO SECTION 102-356 OF THE CITY CODE, ENRIQUE ZAMORA, ESQ., ANNETTE EPELBAUM CANNON, ESQ., AND MARYANNE LUKACS, ESQ. (CHIEF SPECIAL MAGISTRATE AND SPECIAL MAGISTRATES REAPPOINTED AND RATIFIED PURSUANT TO RESOLUTION NO._____), AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102-356 OF THE CITY CODE; SAID DESIGNATION COMMENCING WITH MR. ZAMORA'S TERM AS CHIEF SPECIAL MAGISTRATE ON FEBRUARY 24, 2023 AND ENDING ON AUGUST 23, 2023. |
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| | | | | | | | RECOMMENDATION
| Recommending the reappointment of Enrique Zamora, Esq. as Chief Special Magistrate, and ratifying his appointment of Annette Epelbaum Cannon, Esq. and MaryAnne Lukacs, Esq. as Special Magistrates. |
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| | | | | | | | 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 City Attorney Rafael A. Paz and City Clerk Rafael E, Granado, 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 that he appoints from engaging in practice where they represent a client in a manner adverse to the interests of the City of Miami Beach, and from lobbying the City during their 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, and Villavicencio. Mr. Zamora’s practice includes the areas of elder law, probate and guardianship administration, litigation and mediation, trust administration and litigation, and estate planning. He is the past Chair of the Elder Law Section of the Florida Bar, past Director of the Florida State Guardianship Association, past Director of the Foundation for Indigent Guardianship, Special Magistrate over Baker Act proceedings and Marchman Act proceedings, court-appointed Attorney-Ad-Litem for Cuban National Heirs for the 11th Judicial Circuit, and former Chair of the Grievance Committee for the 11th District of the Florida Bar. Mr. Zamora currently serves as an adjunct professor of law at St. Thomas University School of Law and the University of Florida Levin College of Law where he teaches Elder Law and Guardianship Law. Mr. Zamora is the recipient of numerous honors and awards, including the 2013 Outstanding Teaching award and the 2014 Student Body Association Adjunct Professor Award from St. Thomas University School of Law, the 2008 Pro Bono Award from the Dade County Bar Association and the 11th Judicial Circuit, and the 2007 Richard C. Milstein Excellence Award. Mr. Zamora is rated as an AV Preeminent Attorney by Martin Dale Hubbell, the highest possible rating for an attorney for both ethical standards and legal ability.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.
Pursuant to Ordinance 2022-4525, adopted on November 16, 2022, if appointed, Mr. Zamora seeks the ratification by a majority vote of the City Commission of his appointment of Annette Epelbaum Cannon, Esq. and MaryAnne Lukacs, Esq. as Special Magistrates.
Annette Epelbaum Cannon, a Miami Beach resident, has been a Special Magistrate for the City of Miami Beach since 2014, is a graduate of the University of Florida College of Law, and is a Certified Circuit Court Mediator and a Certified Family Court Mediator. Ms. Cannon is a Board Member of the Miami Beach Bar Association, has leadership roles in the Jewish Women’s Circle of Miami Beach, and is the co-president of the Temple Beth Sholom Sisterhood. Ms. Cannon is Fluent in Spanish. A copy of Ms. Cannon’s resume is attached.
MaryAnne Lukacs has been a Special Magistrate for the City of Miami Beach since 2014. Ms. Lukacs has also served as Special Master for the cities of Miami, Hollywood, and West Miami. Ms. Lukacs has a long history of service to Miami Beach residents having worked as a City of Miami Beach Assistant City Attorney from 1990 to 1994, where she held the position of Police Legal Advisor from 1991 to 1994. From 1980 to 1984 Ms. Lukacs served as Recreation Leader and Recreation Director and Supervisor for the Miami Beach Recreation Department. Ms. Lukacs is a graduate of the St. Thomas University School of Law. A copy of Ms. Lukacs’ resume is attached.
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. |
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| | | | | | | | SUPPORTING SURVEY DATA
| N/A |
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| | | | | | | | CONCLUSION
| Mr. Zamora, Ms. Cannon, and Ms. Lukacs have the knowledge, demeanor, skills, and abilities, to perform in their Special Magistrates roles. They will continue to serve this City with honor and distinction, and their reappointment will best serve the interests of the City. As such, the subject Resolutions should be adopted. |
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| | | | | | | | 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 | |
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| | | | | | | | Strategic Connection
| Non-Applicable |
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| | | | | | | | Legislative Tracking Office of the City Clerk |
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