Item Q6BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date October 20, 2004
AGENDA ITEM WORDING
Division County Attorney
Approval of a Resolution appointing additional Code Enforcement Special Magistrates.
ITEM BACKGROUND
Resolution would authorize Thomas Wright, Richard Fowler, and DOAH ALJ's to serve as
Code Enforcement Special Magistrates in addition to the regular special magistrate J.
Jefferson Overby, regardless of a conflict of interest. Resolution further authorizes Code
Enforcement senior liaison to assign cases according to criteria.
PREVIOUS RELEVANT SOCC ACTION
In Resolution No. 149-2003, the BOCC authorized use of Messrs. Wright and Fowler to
serve as alternates in the event Judge Overby has a conflict of interest collection
proceedings on June 18, 2003.
CONTRACT/AGREEMENT CHANGES
N/A
STAFF RECOMMENDATIONS
Approval.
TOTAL COST BUDGETED Yes No
COST TO COUNTY SOURCE OF FUNDS
APPROVED BY: County Attorney ■ OMB/Purchasing Risk Management
y
DIVLSION DIRECTOR APPROVAL0 (��4631P
J. R. COLLINS
DOCUMENTATION: Included
AGENDA ITEM # C
Board of County Commissioners
RESOLUTION NO. -2004
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA APPOINTING ADDITIONAL SPECIAL MAGISTRATES,
PROVIDING FOR THE ASSIGNMENT OF CASES, AND SETTING THE
COMPENSATION THEREFORE.
WHEREAS, Section 6.3-3 of the Monroe County Code authorizes the appointment of as many
code enforcement special masters as the Board deems necessary; and
WHEREAS, the Board has previously resolved in Resolution 149-2003 to appoint altemate
special masters who currently serve only in the event of a conflict of interest on the part of the primary
special master, and
WHEREAS, due to a variety of factors apart from and/or in addition to conflicts of interest on the
part of the primary special master, it is necessary to appoint additional special masters to hear cases;
and
WHEREAS, the appointment of multiple special masters will require the implementation of a case
assignment process; and
WHEREAS, Chapter 2004-11, Laws of Florida (2004) amends various provisions of Florida
Statutes to substitute the term "special magistrates for "special master"; Now, therefore it is
RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that
A. The Board reaffirms its participation in an interlocal agreement with the City of Key West to
utilize the services of J. Jefferson Overby as code enforcement special magistrate for Monroe
County.
B. Thomas Wright, and Richard Fowler are appointed code enforcement special magistrates for
Monroe County;
C. Any hearing officer employed by the Division of Administrative Hearings may also serve as a
code enforcement special magistrate for Monroe County should the Board and'the Division
enter into such agreement.
D. Except for hearing officers employed by the Division of Administrative Hearings, each code
enforcement special magistrate shall be compensated pursuant to the terms of the agreement
entered into between the Board and the particular individual.
E. The Senior Code Enforcement Liaison for the County shall have the authority to assign any
case to a particular special magistrate based on the following criteria:
a. Availability;
b. Location;
c. Conflicts of Interest;
d. Area of Specialty; or
e. Any other reasonable administrative factor.
F. The designation of the special magistrates referenced above shall not preclude the Board
from appointing additional special magistrates should a qualified attomeys express a
willingness to serve in such capacity and the Board deem it necessary to make such
appointment.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting of said Board held on the 20th day of October, 2004.
Mayor Nelson
Mayor Pro Tem Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
By
Deputy Clerk
jrescedSM
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
MONROE COUNTY ATTORNEY
PP VE AS TO FORM!
JOHN R. COLLINS
COU TY ATTORN£
Date