Resolution 336-1998
,
Board of County Commissioners
RESOLUTION NO. 336
-1998
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA ESTABLISHING THE GROUNDS UPON WHICH A MOTION FOR
DISQUALIFICATION OF A MONROE COUNTY SPECIAL MASTER OR HEARING OFFICER
SHALL BE BASED AND THE CRITERIA TO BE USED IN RULING ON SUCH A MOTION.
WHEREAS, the Monroe County Code provides for the appointment of both code
enforcement special masters and vested rights hearing officers; and
WHEREAS, it is understood that a party may desire to move to disqualify a special master or
hearing officer assigned to a case on the grounds of bias or prejudice; and :r '=' \D .."
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WHEREAS, in the interest of fairness and judicial economy uniform procedu~ n@'deg}o
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address such motions for disqualification; and 0(""), 0
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WHEREAS, by its express terms, rule 2.160 of the Florida Rules of Judicial Ad~@ti~apiiiles
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only to the disqualification of county and circuit judges; now, therefore i: ~ W :::0
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BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1.
A motion for disqualification shall be in writing and sworn to by the party
signing the motion under oath. Further, the motion shall be filed at or before the first scheduled
hearing of the case before the special master or hearing officer and shall show:
(a) that the party fears that he or she will not receive a fair hearing because of the
specifically described prejudice or bias of the special master or hearing officer; or
(b) that the special master or hearing officer before whom the case is pending, or some
person related to said special master or hearing officer by consanguinity or affinity within the third
degree, is a party thereto or is interested in the result thereof. or that said special master or hearing
officer is related to an attorney of record in the cause by consanguinity or affinity within the third
degree, or that said special master or hearing officer is a material witness for or against one of the
parties to the cause.
Section 2.
Upon review of the motion for disqualification, if the special master or hearing
officer determines that said motion is legally insufficient. he or she shall immediately deny the motion.
However, if after reviewing the motion for disqualification the special master or hearing officer finds
the motion to be legally sufficient, he or she shall. accepting the allegations contained in the motion
as true, grant the motion for disqualification and transfer the matter to an alternate special master or
hearing officer if either:
(a) an objective, disinterested lay observer fully informed of the facts underlying the
grounds on which disqualification is sought would entertain a significant doubt about the special
master or hearing officer's impartiality as it pertains to the party; or
(b) the alleged facts give rise to a well-founded appearance of impropriety.
Section 3.
Prior disputes or animosity between the special master or hearing officer and
counsel for the party seeking disqualification shall not constitute a basis for disqualification if counsel
is retained after the matter is referred to the special master or hearing officer.
Section 4.
An aggrieved party may appeal an order denying a motion for
disqualification to the Board of County Commissioners of Monroe County. Such an appeal shall not
be a hearing de novo but shall be limited to appellate review of the record created before the
special master or hearing officer. An appeal shall be filed within thirty (30) days of the execution of
the order to be appealed.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the 12th day of
Au~ust
,1998.
Mayor Jack London
Commissioner Keith Douglass
... < '......c;ommissioner Shirley Freeman
::,'"::C; " Cb~m~ss~oner Wilhelmina ~arvey
~''oJ ~ ~,' ci>,'" .', '-",..C o/l"l'.m,' ISSloner Mary Kay Reich
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'1. , :..A'ftest.; DANN'Y L. KOLHAGE, Clerk
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yes
yes
absent
yes
no
BOARD OF COUNTY COMMISSIONERS
OF M E COUNTY. FLORIDA
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