HomeMy WebLinkAboutR-2015-064 - Appointed Judith Secher to Act as a Code Enforcement Special Magistrate for Municipal Code Enforcement Proceedings & Setting Compensation for her Services RESOLUTION NO. 2015-064
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPOINTING JUDITH SECHER TO ACT AS A CODE
ENFORCEMENT SPECIAL MAGISTRATE FOR MUNICIPAL CODE
ENFORCEMENT PROCEEDINGS AND SETTING THE COMPENSATION
FOR HER SERVICES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the City Commission of the City of Dania Beach appoints Judith
Secher to act as a Code Enforcement Special Magistrate for municipal Code enforcement
proceedings. A copy of the Special Magistrate Agreement, which includes the compensation for
her services, is attached and is made a part of and incorporated into this Resolution by this
reference. The appointee shall serve at the pleasure of the City Commission.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on June 23, 2015.
ATTEST
LOUISE STILSON, CMC 1 O A. SALVINO, SR.
CITY CLERK 1 MAYOR
APPROVED AS O F AND CO ESS
THOMAS J. ANSBRO
CITY ATTORNEY
June 24, 2015
Ms. Judith Secher
621 North 44`h Avenue
Hollywood, FL 33021
RE: Special Magistrate Retainer Agreement-Judith Secher
Dear Ms. Secher,
This Retainer Agreement shall confirm that you agree to act as a Code Enforcement
Special Magistrate for the City of Dania Beach (the "City") under the following terms and
conditions:
1. Pursuant to the authority provided by City Resolution to be adopted by the City
Commission, this will serve as your appointment as a Special Magistrate for Code
Enforcement commencing on , 2015. You will serve at the
pleasure of the City Commission.
2. It is agreed to that you will be compensated for your services on an hourly basis at the
rate of One Hundred Twenty-Five Dollars ($125.00) per hour, excluding travel time
to and from Special Magistrate hearings and meetings.
3. It is also agreed to that you may bill for reasonable out-of-pocket expenses in
connection with our Special Magistrate duties, including but not limited to, such
ordinary expenses as postage, telephone calls (a copy of the telephone bill must be
submitted with the request), photocopy charges ($0.15 per page) and courier charges.
4. As a Code Enforcement Special . Magistrate, you will be responsible for the
preparation for and attendance at scheduled Special Magistrate Hearings, review of
the final order(s) and such other duties as the City may assign to you. Additionally,
you shall adhere to Chapter 162, Florida Statutes, Chapter 2, of the City Code of
Ordinances and the City's Zoning and Land Development Codes as they relate to
Code Enforcement matters, the Florida Rules of Civil Procedure, Rules of Evidence,
and all other City ordinances relevant to Code Enforcement.
5. It is further agreed to that you must submit a detailed invoice to the City Code
Enforcement Department, Attention: Eric Walton, Code Compliance Manager, within
fifteen (15) days after the end of the preceding month. Invoices shall include the date
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of the hearing over which you presided, the total number of hours worked (rounded to
the nearest tenth), and a brief summary of the work performed. Any reimbursement
of out-of-pocket expenses outlined above requires the submission of invoices, bills
and receipts. If any errors are discovered in any invoice, City will inform you and
will request revised copies of such invoices. If any disagreement arises as to payment
of any portion of an invoice, City agrees to pay all undisputed portions, and the
parties agree to cooperate by promptly conferring to resolve the disputed portion of
the invoice.
6. This Agreement may be cancelled by the City upon five (5) days' prior written notice
with or without cause. Upon such termination, you shall be entitled only to such fees
and costs earned as of the date of termination. In the event you deem it necessary to
cancel this Agreement, you shall give thirty (30) days' prior written notice to the City
Attorney's office.
7. In connection with the Special Magistrate duties, it is understood and agreed to that
you shall neither represent clients in lawsuits, quasi-judicial proceedings, or
administrative matters involving the City, nor shall you represent any client in a
property-related matter with a reasonable potential of becoming a respondent before
the Code Enforcement Board, a Special Magistrate, or both, so long as you serve as
Special Magistrate for the City. Further, you shall not receive a referral fee for
referring a current or future potential client to another attorney, if such client is
pursuing or intends to pursue any claim against the City in a court of law, any
arbitration hearing, or before a state or local government administrative board.
8. The City will indemnify and defend you in your capacity as a Special Magistrate for
Municipal Code Enforcement proceedings from any cause of action that may arise
from the performance of your duties as Special Magistrate on behalf of the City,
within the scope and course of your employment.
Very truly yours,
Agreed to and accepted by: Thomas J. Ansbro, City Attorney
Date: , 2015
Signature
PRINT Name
Date
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