Res. No. 100-05-12079Res.No.100-05-12079
Section 3.ThatEnrique Zamora,Esq.,CarolynY.Howard,Esq.andMaurice
Donsky,Esq.,shallbe authorized toconducthearingsasmaybe required in accordance
withthe City's Code of Ordinances andLand Development Code,theFlorida Building
Code andthe Miami-Dade County Building Code.
Section 4.This resolution shalltakeeffectupon adoption.
PASSED AND ADOPTED THIS £l>DAY OF ,2005
ATTEST:
C^^-^—-•
TY CLERK
APPROVED:
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts-Cooper:
Commissioner Sherar:
READ AND APPROVED AS TO FORM:
J:\My Documents'\iesolulions\Resolution appointing Special Masters 2005-06.d<
Page 2 of2
JA^o^^y
4-1
Yea
Yea
Yea
Yea
Nay
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:HonorableMayor,Vice Mayor
andCity Commission
From:Maria V.Davis,
City Manager
Date:July26,2005
Subject:AgendaItem #
Appointment of SpecialMaster
South Miami
All-America City
2001
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,RELATING TO SPECIAL MASTER SERVICES;RE
APPOINTINGENRIQUE ZAMORA,ESQ.;CAROLYN Y.HOWARD,ESQ.,AND
MAURICE DONSKY,ESQ.AS SPECIAL MASTERS FOR THE CITY OF SOUTH
MIAMI AT A RATE OF$100 PER HOUR;AUTHORIZING EXPENSES TO BE
CHARGED TO ACCOUNT #001-0000-341^9040 ENTITLED "CODE
ENFORCEMENT FINES REVENUE ACCOUNT";AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
«
TheCityCommission adopted Ordinance No.6-03-1790,abolishing theCode
Enforcement BoardandestablishingaSpecialMasterinan effort topresideover
code enforcement violation hearings.Theuse of aSpecialMasterisacost
effectiveoption of adjudicating issues relating tocodeviolationsthathasprovento
befairand expeditious.
Pursuanttosaid ordinance,staff has reviewed resumes of individuals already
servingasSpecial Masters for other municipalities inMiami-DadeCounty,
includingCity of Miami,Village of Pinecrest,andCity of MiamiBeach,andhas
recommended the re-appointment of EnriqueZamora,Esq.,Carolyn Y.Howard,
Esq.andMaurice Donsky,Esq..
These individuals will bere-appointedtoserveforaperiod of one-year
commencing May 7,2005,and ending May 6,2006,or until other successors are
appointed by the City Commission.Thenegotiatedfeeto provide saidservicesis
$100 per hour.
RECOMMENDATION
Approval is recommended.
NAME
ADDRESS
AREAS OF
PRACTICE
EDUCATION
RESUME
CAROLYN Y.HOWARD
LAW OFFICES OF'C.Y.HOWARD,P.A.
15321 S.DDOEHWY.,#302
MIAMI,FLORIDA 33157
O-(305)255-3654,F-(305)255-7386
H-(305)232-4423
E-mail -cvhowarri^hffii^i,^^^
S^r^^.°Tsel t0 Sma*Bus^es and ChurchesCommercialLaw,Civil Litigation and General Practice,and Mediation
Completion of many CLE Courses.
Completion ofFamily Mediator Course,2001.
Completion of County Circuit Court Mediator Course,1999.
University of Miami Uw School -18 hours toward LL.M in Estate
Planning,
Howard University Uw School,ID.1972;Washington,DC top 10%ofclass*Howard University Law Journal;Assistant Editor,Ih&B^stec,
Howard University,Washington,DC,B.A.,Political Science Major
Education Minor 1969.J
BARADMTSRTO^The Florida Bar,1978
United State Supreme Court,1982
OTHER JOB
EXPERIENCE
PROFESSIONAL
BACKGROUND
Certified County and Circuit Court Mediators,2001 -Present;
Bid Protest Hearing Officer for Metro Dade County,2000 -Present
Arbitrator,National Association of Securities Dealers,Inc.1999 -Present-
Special Master for the Village ofBal Harbour,2001 -2003 •
Special Master for the City of Miami Beach,1995-Presenf'
Special Master for the Town of Surfside -1999-Present;
I am an attorney with expertise in personnel,labor,grievance,
administration,and affirmative action areas.I am asuccessful
mediator who is able to make success out ofhavoo.Whenever I see a
need for harmony,I attempt to get both sides together.I consider
communication the key to solving most problems.
-1-
EDUCATION p.
PROFESSIONAL
ASSOCIATIONS
Iam an organizer and Idelegate duties and responsibilities easily to the
most capable person.I consider myself to be aleader and aperson who is
able to fill in any situation and make it successful.Finally,Iam creative
and able to get along with almost everyone -all of which is helpful in
attaining corporate legal goals or overall objectives.
As an attorney with such expertise,I established ajanitorial service in
1983,Howard's Professional Services,Inc.Howard's provided jobs for
many under-and unemployed and hard to employ persons.The business
was designed to help decrease the unemployment statistics in Miami-Dade
County.
Admitted to Practice-State of Florida,1978;U.S.Supreme Court,1982,
2001:Elections Committee Chair,NBA Various chairs ofChurch
activities.
2000:National Bar Association,WLD-Treasurer,Youth Director
Elections Committee Member,NBA
1999:National Bar Association,WLD-Treasurer,Youth Director,Fee
DisputeCommittee-Florida Bar.
1998;National Bar Association-WLD,Board Member,Youth Director.
1997:Florida Bar Grievance Panel Member.
1996:Church Program-Board ofDirectors,National Bar Association,
WLD,Board Member,Vice Chair of National Bar Institute,Youth
Director,
1995:Charlie Program-Board of Directors,Treasurer-National Bar
Association,Women Lawyers Division
Youth Oratorical Coordinator-Florida East Coast Congress of Christian
Education
Treasurer-Family Division,Vice Chair-National Bar Institute
1994:Parliamentarian-National Bar Association,Chair of Gertrude E.
Rush Dinner-National Bar Association,Youth Oratorical Coordinator-
Florida East Coast Congress of Christian Education,Board Member-
National Bar Association,Women Lawyers Division,Vice Chair-National
Bar Institute
1993:Program Chair-National Bar Association's 58th Annual Convention,
Youth Oratorical Coordinator-Florida East Coast Congress of Christian
Education,Board .Member-National Bar Association,Women Lawyers
Division,Vice Chair-NationalBarInstitute
1992:Beacon Council-Board Member,ViceChair-National Bar Institute
1991:CHI Foundation-Board Member,Florida Bar Grievance
Committee-Member,President NBA-Women Lawyers Division Dade
County Chapter-1991-92.
1990:United Way-Panel on Employment and Economic Development,
United Way-CommitteeonPolicyforVolunteers,GreaterMiami
Chamber of Commerce Lawyers Task Force-Minority Relations,Board
member ofPOSITIVE,Chair of Elderly Housing Program-WIN,Member
ofWomen Involved Now-WIN,Member of Young Friends of Senator
Graham,Youth Director ofBethel Baptist Church Youth Ministry,Vice
President ofNational Bar Association-WomenLawyers Division,
Fundraising Chair of NBA-WLD,Chair,NBA-ConventionCommittee
'93,Member-NBA-Florida Chapter.SCLC.Member ofNAACP.
Chair,Metro Miami Action Plan-Employment Action Committee.Board
Member of Metro Miami Action Plan,AmericanBaptist Churches of the
South-Area 4-State Youth Coordinator.Member,Host Committee of
ABCOTS Annual Meeting.Member of Leadership Miami.
PREVIOUS YEARSMember National Bar Association:Special Assistant,1981-1983,1985-
"1989;Special Consultant,1980-1981.National Bar Association
Women's Division Greater WashingtonArea Chapter:Vice President,
1981;
Secretary,1980;andExecutiveMember,1979,1982.NationalBar
Association Women's Division;President1983-1985;Executive Board
Member,1985-1989;2nd Vice President,1981,1980;Treasurer,1979,
Howard University National Law School AlumniAssociation of the
Greater Washington,D.C.Area:President,1981-83.Howard University
National Law School Alumni Association:President 1983-84.Member of
ASPA,andWashington Personnel Association.
Nomineefor Outstanding YoungWoman of America,1981,1982.
NationalBarAssociationDadeCounty Chapter:Committee Chair,1984-
1989;Charter Member,1984.Florida ChapterNationalBar Association.
SouthDadeChamber ofCommerce,Member.SCLC-Voter's
Registration.MetroMiamiAction Plan:Task Force;Metro Action Plan
Conference Participant;and Chair of Employment action Committee
1986-1989.
Concerned Citizens of Richmond Heights,Member,Miami's March on
Washingon Coordinating Committee.American Baptist Churches of the
South (ABCOTS):Youth State Coordinator 1988-1989.Bethel Baptist
Church:Youth Director,1987-1989;Constitution and Bylaws Chair;etc.
JOB EXPERIENCE LawOfficesofC.Y.Howard,PA.
1990 to PRESENT Solo Practitioner.
1989-1991 Four C's Services,Inc.-Manager.
1M Partner ofLaw Offices of Howard &Hargrove,P.A.
1983-1988 HOWARD'S PROFESSIONAL SERVICES INC.MIAMI,FLORIDA
Position;President.
Accomplishments:As an attorney with labor expertise,I established
janitorial services in 1983,Howard's Professional Services,Inc.
Howard's provided jobs for manyunder and unemployed and hard to
employ,The business was designed to help to decrease the imemployment
statistics.It was sold in 1988.
Function:Coordinated the day to day activities ofthe Company which
included scheduling of employees and contacting Federal,State,County,
and Municipal Procurement agencies,aswellas,private sectors.The
company wasa full linejanitorial service.
1982 TO 1983 MCI TELECOMMUNICATIONS CORPORATION,ARLINGTON,
VIRGINIA
.Position:AffirmativeAction Manager
Function:Actedas AfHrmative Action Manager forthe entire Corporation.
1)Affirmative Action Plan:The Corporation whichcovers
approximately 26 states and has 5,000 employees did not have an
Affirmative Action Plan.Wrote nine Affirmative Action Plans
whichwere tailored tothese particular metropolitan areas.
Designed binders fortheplans.Coordinatedthedissemination of
the Plans to the appropriate management employees.Traveled
around the county setting upa formal training program teaching
management about theAAP.Asaresult,MCIcompiledwithits
legal obligations of establishing an AAP.
2)OFCCP Audit:MCI isa government contractor and therefore,
subject to an audit by office of Federal Contractors Compliance
Program.Submitted all required documents to Agency.
Coordinated thetwoweekson site audit activities.Corrected the
deficiencies the Agency identified.Asa result,MCPs government
contracts and subcontracts which totaled $14 million a year were
not adversely affected.
3)EEO Charges:Represented the Company at all Fact Finding
Conferences for discrimination charges.Prepared documents and
witnesses for the Conference.Saved the Company money by
resolving the charges demonstrating the Company was not guilty of
discrimination.
4)Labor Training and Discipline:Taught Labor courses withthe
classes lasting 8 hours.Asa result,management knew howto
avoid and handle discipline or potential discipline problems.In
addition,provided labor advise to manager.
5)Affirmative Action Training:Taught courses with emphasis on
discrimination laws.Designed a Sexual Harassment course.In
addition,counseled managers and employees on discrimination
laws and rights.In addition,counseled managers and employees
on discrimination laws and rights.
1978-1981 CONTINENTAL TELEPHONE SERVICE CORPORATION
MERRIFIELD,VIRGINIA
Positions:Employee Administrator.1978 -1981:Personnel Director,
Eastern Region.1979-1981.
Functions:Acted as personnel director for the Eastern region after
beginning as an administrator with responsibility for labor,safety,and
salary administration.
Included:1)development of personnel philosophies,policies and
procedures;2)compliance with Federal and State laws;3)affirmative
action;4)maintenance of employee benefit program;5)position
descriptions and evaluations;6)management training and development;
and 7)overall management of the operation.
1)Contract Settlements:Insevendivisionand 14 unionstherewasno
continuity of contracts.Made sure that each division had a copy of
all 14 contracts,kept contracts current,and designed a program
which promoted uniformity of benefits and working conditions.
-5-
2)Labor Training and Discipline:Formed a labor circular which was
approximately three days long.Taught mini-labor courses withthe
classes lasting 4-6 hours.Asa result,management knew how to
avoid and handle discipline or potential discipline problems.
In addition,provided labor advice to managers.Prior decisions
had resulted in wildcat strikes,arbitrations,grievances and law
suits.By providing a willingness to answer labor questions,
morale improved and costs in manpower responding to crises was
decreased.
3)LeealResearch:Researched all legal issues regardless of
significance,and encouraged managers,to seek advice on legal
issues.Saved the company money by avoidance of external
attorney costs and the managers gotconciseanswersontheir
problems.
4)Arbitrations:Acted as an advocate for the company in arbitrations
in 1981 where previously cases had been sentto outside counsel.
Resulted in savings in legal costs with adequate legal
representation internally.
5)Salary Information:At the start,salary data for the region was not
current.Obtained data from all Division Personnel Managers
coordinating approximately forty (40)different schedules.
Provided access to information for comparisons,surveys and rate
cases.
6)Job Descriptions:Only 30 descriptions existed for 450
management jobs.Completed descriptions for over 300 jobs
providing uniformity for a position no matter where it was located
geographically.
7)Safety.:There was no stress on safety in the region.Created (a)
safety bumper stickers (b)safety posters (c)safety films (d)the
issuance of safety novelties,and (e)held safety classes.Accidents
were reduced,and the employees became safety conscious.
1977-1978 UNITED STATE DEPARTMENT OF AGRICULTURE
WASHINGTON,D.C,
Positions;Attorney.Office of the General Counsel Electric and
Telephone Division.
Functions:Reviewed title research,wrote and reviewed leases,
-6-
mortgages and loans contracts and provided daily contract
and Act Interpretations to the Rural Electrification Agency.
Effectively acted as^In-House Counsel"for the members of the Agency in
the Southwest District,mainly Louisiana and New Mexico.Informed L
members whether certain documents attached to aloan and/or mortgage
contract were recorded in compliance with state laws.
1)Cflse PflcJriog:At the start,the district had asevere backlog of
about 40 cases due to the need for another attorney.By the time
that I left,the cases were up to date.Once up to date it was
possible to check the documents before the borrower had violated
the law or lost money.
2)Internal Communication;"Thara was not any avenue for
departmental employees,paralegals and secretaries to vent their
frustration.Set up aweekly meeting regarding status ofwork and
giving them achance to complain.Morale improved and
productivity increased,and most of all employees felt that someone
cared.
3)Brief Preparation:At the start,the Justice Department had just filed
an Environmental Protection case.It was policy that because it
was a Department of Agriculture case that departmental counsel
would prepare the brief.Personally prepared it so that it was filed
on rime.
1973-1977 NATIONAL AIRLINES,INC.,MIAMI,FLORIDA
Positions:Labor Relations Analyst/Representative
Functions:Principal duties were to research employment contracts to
negotiate employment contracts and to advocate arbitration
cases.
Reviewed airline surveys,labor reports and computer statistics as
preparation for each contract.Compiled tables and work product for each
proposal.Worked with the company's seven unions.Advised managers
on day-to-day labor questions and/or problems,and suggested appropriate
disciplinary action for employees.
!)grievance Reduction:At the beginning there were 400 grievances
filed a year,and at least 160 went to arbitration.Built arapport
with the union stewards allowing settlement at a lower level.Four
(4)years later only 40 cases went to arbitration,and overall with
the identification of problems grievances were reduced from 400 to
about 100.
2)Discipline Administration:The company had 33 -36 stations each
with a manager who made decisions,imposed discipline,denied
grievances and then called for advice.Built a rapport with
managers,received theirrespectandthentheircallscamebefore
the action.Eliminated many problems and improved employees
morale.
3)Union/Management Relationship:The Federal Mediation and
Conciliation Services offers a program entitled "Relationship by
Objectives."Itis designed to create positive relations between
management andthe union.Acted asa troubleshooter on this
program for all stations anditresultedin improved
communications,
4)Contract Negotiations:Negotiated a labor pact withtheALEA.
Thispact limited thenumber of contract openers,provided atime
frame for negotiation,mandatorymediationand arbitration.
Resulted in alleviation of astrikeand consequently great savings.
5)Arbitration Cases:The company had many suchcases,both ALEA
andF/A cases.Prepared,presentedwrotebriefsandwonthese
cases greatly benefitting thecompanyandeventuallycuttingthe
number ofcases.
PRIOR POSITIONS University of Miami.Coral Gables.Florida.
Professor ofBusiness Law,1973.TaughtBusinessLawfor four (4)
classes ofundergraduate students.Florida RuralLegal Services.
Homestead,Florida,Attorney,1972 to 1973.Wrotedivorces,adoptions
andleasesforclientsfromruralareas.Prepareddocumentsand affidavits
forcourtcases..Aided clientsintheirdailyencounterswith landlords,
creditors and debtors.
Attorney GeneralRobertShevin.Miami,Florida,Attorney,1972.Wrote
appellate brief for the State of Florida.Howard University.Washington,
D.C.,GraduateAssistant,1970/1972,Performed varioustasksinthe
Department of Romance Languages.Redevelopment LandAgency.
Washington,D.C.,Law Clerk,1971.Performed various legal tasks.
Department of Health.Education andWelfare.Washington,D.C.,
Coordination of summer Interns,1970.Coordinated summerwork of the
departmental interns.
REFERENCES Availableupon request.
Enrique Zamora,Esq.
10N.W.Lejeune Road,Lejeune Exec.Bldg.,Suite 600 •Miami,Florida 33126•305-476-8770
Legal Experience
ZAMORA &HlLLMAN
10N.W.LejeuneRoad,Suite 600,Miami,Florida33i26-2001 to present
Areas ofConcentration:Probate &Guardianship administration,litigation and
mediation,ElderLaw,EstatePlanning,andrelatedlitigation;RealEstate.
Law Offices of Enrique Zamora
1102 Ponce de Leon Blvd.,Coral Gables,Florida 33134 -2997 to 2000
Areas of Concentration:Probate &Guardianship litigation,Elder Law,Estate
Planning,Corporate,Contract and Business Lawand related litigation;Real Estate.
Perez-Abreu,Zamora,Hillman &Marttn-Lavielle,PA
901PoncedeLeon Blvd.,Suite502,Coral Gables,H 33134 -Founding Partner,1987 to1997
Areas ofConcentration:Probate &Guardianship litigation,Elder Law,Estate
Planning,Corporate,Contract and Business Lawand related litigation;RealEstate.
Southern General Life Insurance Company
4950 SW 72nd Avenue,Suite 201,Miami,Florida 33155
GeneralCounsel,October1985to December 1987
Legal Activities
Special Master for the City ofMiami Beach
President and Directorofthe South Florida Guardianship Association
Certified civil mediator
Court Appointed Attorney-Ad-Litem for Cuban National Heirs,11th Judicial
Circuit oftheStateofFlorida,Dade County-ProbateDivision
MemberoftheGuardianshipLawCommitteeoftheFloridaBar
TEACHING ACTTvTTIES
Miami-Dade Comm.College-Professional Guardianship Prgm-1998 to date.
LeadInstructor&PlanningCommitteeChairofthe40-Hourcoursefor
Professional Guardians
University ofMiami-Koubek Center -September 1989 to 1998
School of Continuing Studies
Adjunct Professor of Business Law
Florida National College-July 1986to1996
Professor of Paralegal Program
Responsible for teaching:Trusts &Wills,Business Law,Real Estate and
Introduction to the American Legal System.
SEMINARS/PRESENTATIONS
Probate Litigation-Speaker
This seminar was presented by the 'Tut Something Back"Program
m conjunction with the DCBA Probate Committee-December 2002
Medicaid and Elder Law Issues in Florida-Speaker
Offered by Lorman Education Services-November 2002
Procedural and Probate issues in Wrongful Death Cases-Speaker
Offered by Lorman Education Services-September 2002
Guardianships:How to Help-Speaker
City of Miami Beach's Office of Elder's Affairs-May 2002
Depository Account-How do they really work?-Speaker
Presented by the Academy of Florida Elder Law Attorneys-May 2001
US/Cuba Alternatives for the View Administration-The Legal Issue -Speaker
Presented by St Thomas University School of Law-February 2001
BakerActs-Speaker
Presented by theHorida International University School of Nursing-January 2001
Ethics in Guardianship-Speaker
Presented to the Horida State Guardianship Association Conference -August 2000
ProbateLitigation-Speaker
This seminar was presented by the "Put Something Back"Program
in conjunction with the DCBA Probate Committee-April 2000
EDUCATION
University of Miami -School of Law
Coral Gables,Florida
Juris Doctor Decree 1985,Cum Laude -May 1985
Florida International University
Miaml Florida
Master of Business Administration,1975
Master ofScience in Management,(Accounting &Taxation)mi
University of Florida
Gainesville,Florida
Bachelor of Science in Electrical Engineering,1971
Professional Memberships
The Florida Bar
The Elder Law Section -Horida Bar
Dade County Bar Association
Cuban American Bar Association
HoridaState Guardianship Association
SouthHorida Guardianship Association
References
AVAILABLE UPON REQUEST
MAURICE EDWIN DONSKY
440 Rovino Avenue QSksz
Cora]Gabies,Florida 33156 ^Aimeria Avenue
(305)667-5440 CoraJ Gables,Horida 33134
(305)632-3040
Fa*:(305)659-5500
family;
M«*d to A»ira:two cha^n,.Sharcn-3!^3^
Educafa'^-
College:ClarkUniversity,Worceater.MA 1958-1962B a p *,law School:Rutgers U«Schooli J^«£»«M£Jg*oIogy
Military;
United States Navy -1965-1966
Current Emp%rnfnt;
Law Offices Maurice E Donsky
Cora]Gables,FI_1981-2001
Mediation of Civil Lawsuits
Florida Supreme Court Certification in p^-i ^1995-2001'°n mFartuly-bounty and Circuit Civil matters
Corai Gables Ticket Hearing Officer
Responsible for administrative determinarinn „*•^,I997'2001CoralGables.Violations include thTZZT^T^VhlaSi0DS in «*^*County Code,South Horida B^^*^^°*«IW-
holding tie hearings and assess oJ^Sm^*'***'"l*P00',He f0f
^aofPi^crestSpeciaJMasterandr^tHearing .,999.200:
Responsible for administrative determination nf^,of Pinecrest.In view of the fact that the S.^erforcen*™***a in the Village
EnforeementBoard (CEB)the Soad.1 J ^^d063 DOt *"»aCodecodeenforcementviolations;Vil£Jp^T^.'CEa TheSf*^Master hears ail
South Horida Building Code.TheSpecif ^"^\^^^^Code «*Compliance and issues fines for vioEs *Vi0',,tI'0n3•0Rters °*
Florida Bar 1972
Horida Real Estate Broker 19S3
New Yoric State 1966
State of Horida 1972
The Horida Bar