File #: RES 2025-006    Name: Special Magistrate Agreement Amendment
Type: Resolution Status: Passed
File created: 12/16/2024 In control: City Commission
On agenda: 1/9/2025 Final action: 1/9/2025
Title: A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AMENDMENT NO. 1 TO THE SPECIAL MAGISTRATE AGREEMENT WITH RICHARD L. DOODY ESQ. FOR PROFESSIONAL MUNICIPAL SPECIAL MAGISTRATE SERVICES TO INCLUDE ACTING AS A LOCAL HEARING OFFICER FOR ADJUDICATION OF SCHOOL ZONE SPEED DETECTION SYSTEM ENFORCEMENT.
Sponsors: City Attorney
Indexes: Agreement, Amendment, City Attorney, Resolution, Special Magistrate
Code sections: Section 2-244(b) - Designation of Local Hearing Officer
Attachments: 1. RESOLUTION 2025-006-Special Magistrate Amendment No.pdf, 2. AGREEMENT-Special Magistrate Amendment No. 1, 3. BACKUP-Original Special Magistrate Agreement, 4. BACKUP-Special Magistrate Agreement Extension No. 1
Related files: RES 2022-009, ORD 2024-028-1, ORD 2024-028-2

AGENDA ITEM REPORT

TITLE:

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A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AMENDMENT NO. 1 TO THE SPECIAL MAGISTRATE AGREEMENT WITH RICHARD L. DOODY ESQ. FOR PROFESSIONAL MUNICIPAL SPECIAL MAGISTRATE SERVICES TO INCLUDE ACTING AS A LOCAL HEARING OFFICER FOR ADJUDICATION OF SCHOOL ZONE SPEED DETECTION SYSTEM ENFORCEMENT.

 

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BACKGROUND:

On January 13, 2022, the City Commission approved an agreement with Richard L. Doody, Esq., effective as of August 9, 2021, for professional Municipal Special Magistrate services for code enforcement matters, as needed.  The agreement was for a three (3) year period with two (2) one (1) year extensions.  The first extension was exercised in July 2024, extending the agreement to August 2025. 

DISCUSSION:

On July 11, 2024, the City Commission approved Ordinance No. 2024-028, adopting a School Zone Speed Detection System (“School Zone Program”) in accordance with Chapter 316, Florida Statutes.  Speeders issued violations under the School Zone Program may appeal such violations to a local hearing officer.  This amendment provides that, in addition to Richard Doody’s current ability to act as Special Magistrate for code enforcement matters, he can also act as hearing officer for contested violations under the School Zone Program in accordance with Chapter 316, Florida Statutes.

RECOMMENDATION:

Staff recommends approval of this resolution.

FISCAL IMPACT:

REVENUES:                                          $0

EXPENDITURES:                     TBD

BUDGETED:                                            Yes                     

NOTES:  Funding in the amount of $7,200 is available from Account No. 0161-3112, Police Outside Legal.  Actual amount will vary based on the number of hearings.