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HomeMy WebLinkAboutR-98-0304J-98-325 3/12/98 RESOLUTION NO.9 8 " 304 A RESOLUTION ELECTING AND APPOINTING ALEJANDRO VILARELLO AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE UNTIL THE FIRST MEETING FOLLOWING THE NEXT REGULAR CITY ELECTION AS PROVIDED FOR IN THE CITY CHARTER. WHEREAS, the City Charter provides that the City Commission shall elect and appoint a City Attorney; and WHEREAS, pursuant Resolution No. 98-183, adopted February 10, 1998, the City Commission established a ten (10) member Select Advisory Committee (the "Committee") to review applications, conduct personal interviews of candidates for this position, and to recommend no less than three and no more than five qualified individuals to the City Commission for their consideration; and WHEREAS, the Committee has presented its recommendations and it is now incumbent upon the City Commission to elect and appoint an individual as City Attorney of the City of Miami, Florida; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. CITY CQ1�381O1( MEETING OF MAR 2 4 1998 Reswudob tia 98- 304 Section 2. Alej3ndro Vilarello is hereby elected and appointed as City Attorney of the City of Miami, Florida, to hold office until the first meeting following the next regular City election, as provided for in the City Charter. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 24th day of March . 1998. JOE CAROLLO, MAYOR In 'accordance with Miami Code Sec. 2.36, since the Mayor did not indicate approval of ti.',;- qislation by signing it in the designated placs providec , sairy legislation now becomes effective with the elapse of ten (10) days from the date of Commis ion action ATTEST: g same, without the Mayor exercising v Walter eman, City Clerk WALTER J. FOEMAN CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: 4JO L EDWARD MAPR ELL IN ERIM CITY ATTEY W2376:CSK -r 98- 304 CITY OF MIAMI, FLORIDA 15 INTER -OFFICE MEMORANDUM TO: Honorable Mayor DATE March 16, 1998 FILE and Members of the City Commission SUBJECT: Appointment of City Attorney Commission Mtg of 3/24/98 FROM Joel Edward Maxwell," REFERENCES: Interim City Attorne� 1-11 " ENCLOSURES: The Select Advisory Committee established pursuant to Resolution No. 98-183, adopted February 10, 1998, was requested to conclude the process of reviewing applications, conducting personal interviews of candidates, and making recommendations for the position of City Attorney for the City of Miami, Florida, before March 17, 1998, if possible. The Select Advisory Committee has given public notice for its meeting of March 16, 1998, which meeting is scheduled for purposes of conducting the final interviews with the short-listed candidates. The proposed date for City Commission appointment of a permanent City Attorney was established as March 24, 1998 in accordance with the attached timetable. The attached appointment resolution, for placement on the March 24, 1998 agenda under City Attorney Section, has been drafted to achieve this purpose. Encs. Timetable Proposed Appointment Resolution csk 98- 304 February 6, 1998 - Publication of Advertisement February 12, 1998 (Miami Xeral'd, Daily Business Review, Diario gas Americas, Miami Times) City Commission decides criteria for selection of February 10, 1998 City Attorney and makes appointments to the Select Advisory Committee February 17, 1998 Mailout to all members of the Local Government Section of the Florida Bar Association February 27, 1998 Deadline submittal date for receipt of responses and resumes (applications) by applicants March 2, 1998 City Clerk forwards all responses to the Chairman and Members of the Select Advisory Committee March 9, 1998 Select Advisory Committee deliberates and prepares a short list of candidates March 16, 1998 Short list of candidates interviewed by Select Advisory Committee Chairman of Select Advisory Committee transmits March 17, 1998 short list recommendations (via memorandum) to City Commission. List shall contain no less than three and shall not exceed five recommendations. March , 1998, Special City Commission Meeting held to review if necessary recommendations, if necessary (To be announced) March 24, 1998 City Commission appoints City Attorney BSS : W167 EXHIBIT 98- 304 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO; Jose Garcia -Pedrosa DATE: March 13; 1998 FILE: City Manager SUBJECT: Agenda Item for March 24, 1998 Commission Meeting FROM: Arthur E. Teele, Jr. REFERENCES: Commissioner ENCLOSURES: I hereby request that you add to the agenda for the Commission Meeting of March 24, 1998, a Resolution electing and appointing the City Attorney of the City of Miami, to hold office until the first meeting following the next regular City Election as provided for in the City Charter. Thank you. cc: The Honorable Mayor and Members of the Commission 98- 304 J-98-325 3/12/98 RESOLUTION NO. A RESOLUTION ELECTING AND APPOI � ING AS CITY ATTORNEY OF THE C Y OF MIAMI, FLORIDA, TO HOLD OFFICE UNTIL T FIRST MEETING FOLLOWING THE NEXT REGULAR CITE °ELECTION Ak PROVIDED FOR IN THE CITY CHARTER. WHEREAS, the ity Charter provides that thyCity Commission shall elect and appoint a City Attorney; an WHEREAS, pursuant Re lution No. 98- 3, adopted February 10, 1998, the City Commission established a ten (10) ember lect Advisory Committee (the "Committee") to review applications, conduct person I ' terviews of candidates for this position, and to recommend no less than three and p(o ore than five qualified individuals to the City Commission for their consideration •, and WHEREAS, the Commi ee has presente its recommendations and it is now incumbent upon the City Commission to elect and app 'nt an individual as City Attorney of the City of Miami, Florid NOW, THEREORE, BE IT RESOLVED BY THE CO IV IISSION OF THE CITY OF MIAMI, FLORIDA:�� Section The recitals and findings contained in the Prea le to this Resolution are hereby opted by reference thereto and incorporated herein as if fully set forth in this Section. `� TO FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Chairman and Members of the City Commission Walt&, JJJ City Clerk DATE March 10, 1998 SUBJECT position of City Attorney Short list; interviews REFERENCES: ENCLOSURES: FILE This memorandum is to inform you that the City Attorney Selection Advisory Committee has shortlisted applicants for the position of City Attorney to the following candidates, listed alphabetically: Maria J. Chiaro Alexander Cocalis John J. Copelan, Jr. Charles C. Mays Alejandro Vilarello Interviews are scheduled for Monday, March 16, 1998, commencing at 9:00 a.m. WJF:jkj Enclosure: original applicant list resumes of candidates (shortlisted) CC: Jose Garcia -Pedrosa, City Manager Joel Edward Maxwell, Interim City Attorney L1, C: T C. Goo[T a-� 3 0 4 LIST OF ORIGINAL APPLICANTS POSITION OF CITY ATTORNEY Maria J. Chiaro Alexander Cocalis P.O. Box 1497 Governmental Center, Suite 423 Naples, FL 34106 115 S. Andrews Avenue Ft. Lauderdale, FL 33301 James E. Coombs John J. Copelan, Jr. 39 Circular Road 1448 N.W. 111 Way Poughkeepsie, NY 12601 Coral Springs, FL 33071 Mark Goldstein Carl L. Kitchner 16750 N.E.10 Avenue, Apt. 209 7885 Coral Pointe Drive North Miami Beach, FL 33162 Delray Beach, FL 33446 Charles C. Mays Robert O. Saunooke 10240 S.W. 144 Street P.O. Box 2045 Miami, FL 33176 Cherokee, NC 28719 Alexander I. Tachmes John S. Turner 555 N.E. 34 Street, #1504 P.O. Box 92 Miami, FL 33137 Fort Myers, FL 33902 Alejandro Vilarello 501 Palm Avenue, 4th Floor P.O. Box 11-0040 Hialeah, FL 33011-0040 98- 304 Maria J. Chiaro Attorney at Law PO Box 1497 Naples FL 34106 Telephone (941) 261-8797 7 qft (941U61-743& -< r 0 rn February 16, 1998C.m rn T• =,o o < Office of the City Clerk ((r•-� ,- City of Nfiami = NJ 3500 Pan American Drive Miami, Florida 33133 Re: Advertisement for City Attorney I am pleased to respond to the above -referenced advertisement. As my resume shows, my experience as a municipal attorney spans most of my sixteen years as a practicing lawyer, as chief lawyer and as part of staff of the law departments of several Florida municipalities. I am board certified by the Florida Bar as an expert in City, County, and Local Government Law and have been so certified in that field since the Florida Bar created the designation. I have not only dealt with the full breath of local government issues but have, even more extensively, provided legal advice on issues which are particularly germane to cities. In advising governmental entities, its individual elected officers, its citizens through them, and staff, I have developed a reputation for establishing trust and being extremely knowledgeable concerning all issues facing a 14orida municipality. As an active member of the national organization for city attorneys, I use the significant resources which assist city attorneys throughout the country in dealing .with every municipal legal issue imaginable. I have a close working relationship with the staff at the Florida League of Cities that has benefited every city I represented. These relationships and others as indicated on my resume would be a particular advantage for Miami. But my resume does not and can not reflect my profound ability to render advice on the issues related to Florida Government in the Sunshine Law and Florida's Open Records Law, which are the most liberal (or strict, depending on your perspective) in the United States. I am especially proficient at applying both of these statutes and with the interpretation of the statute which is known as the Florida Ethics law. I believe that advice concerning these and other like statutes is critical for the chief executive and individual governing members and employees of a municipality. As a board certified local government lawyer, I have direct and relevant experience with contracts issues, land use (eminent domain, zoning and comprehensive plan), civil rights, labor and employment, special assessments, foreclosures, law enforcement and the other areas of the law pertinent to being designated by the Florida Bar as an expert. During my tenure as city attorney for Naples, I reduced the number of litigation matters by 75% and was successful in reducing the number of lawsuits to be filed against the city by practicing law in a way to foreclose 98- 304 most court actions. I recodified the city charter and code and provided unlimited advice to the administration and to the members of the city commission on various matters. I personally drafted ordinances, resolutions, rules, ballot questions, policy, procedure and other documents. Along with my extensive experience in management, litigation, administrative law, land use, and my knowledge of municipal and local government laws, I am thoroughly familiar with associated statutory and constitutional law in Florida and applicable federal law. I have advised members of various administrative and advisory boards and commissions and believe that in such representation, one must be available to answer the inquiries individual members at all times and ensure that the process used and procedures followed in all actions are consistent and relevant. My previous employers will verify that I have excellent communication skills and work well with people from diverse backgrounds. They will attest to my supervisory and leadership capabilities and they consider me a team player. I can handle large workloads and believe that my enthusiastic and energetic approach professionally and personally would enable me to be an exemplary City Attorney for Miami. I was privileged to have worked in the City Attorney's Office in Miami early during my legal career and I would be proud to represent Miami as its City Attorney. If you require fiuther information, please let me know so that I can promptly provide it. Thank you in advance for your consideration. Sincerely, rI ' Maria I Chiaro, Esquire MJC/jbk enclosure N ARIA J. CHIARO PO Box 1497 Telephone: (941) 261-8797 Naples, Florida 34106 Email mjchiaro@aol.dom LEGAL EXPERIENCE: PRIVATE PRACTICE 1997- Present Representation of individuals and groups for complex transactions, land use and governmental issues. CITY ATTORNEY Naples, Florida 1992 -1997 Chief Legal Officer unanimously appointed by seven member City Council of largest Collier County municipality. Integral member of management team, providing legal representation and opinions to city Council, Clerk, Manager, all boards, commissions, bureaus and agencies, including newly established Community Redevelopment Agency. Prepared ordinances, contracts, agreements, resolutions and all complex legal documents, and local legislation for establishment of special districts. Litigated election challenges, land use issues, police civil forfeitures, and code enforcement challenges. Formulated plans for compliance with and provided updates related to open meeting law, public records retention and amendments to applicable state and federal law. RecoWed charter and code, updating a 1954 document. Selected, coordinated, supervised and evaluated services of outside legal damsel. Provided training and education for staff and members of the public. Liaison for correlation of issues jointly affecting Canty and municipalities. Recommended and managed legislation impacting the city and county gwernment, which played a vital role in regional issues. Responsible for supervision, administration and woounting for office and budget of the City Attorney, including creation of time management system. LITIGATION DIRECTOR 1990 -1992 First Assistant City Attorney Miami Beach, Florida Specialized assignment to evaluate, coordinate, direct and present for trial all litigation. Trained and developed personnel for litigation division of self -insured municipality. CITY ATTORNEY 1988 -1990 Hollywood, Florida Chief Legal Offiar of second largest city in Broward County, and primary counsel to City Commission. Provided legal analysis and advice to the Commission, Clerk, Manager, Growth Management Director, Planning and Zoning Board of Appeals and Adjustment on complex issues concerning the Comprehensive Land Use Plan, Zoning Code, local, state and federal law, election law and related matters. Facilitated legislation for adjusting the boundaries of municipalities through annexations or contractions of corporate limits, and creations of newly formed entities. Administrator of staff of twelve; completely reorganizing legal department to provide individualized service to departments as "clients" by recruitment and training of experienced, talented attorney staff. Directed redrafting of city code. Devised and implemented policy changes for risk management, police and code enforcement board Supervised successful negotiation of documentation related to Hollywood Downtown Redevelopment Project, Hollywood Art and Culture Center, regional Boys and Girls Club Facility, Hollywoods participation in Broward County Resource Recovery Program, Large User Wastewater Agreements in connection with $100 million sewer expansion bond financing and developer agreements related to voluntary annexations and recycling programs. Administered the development of transactional documents, including vendor and performance agreements for community festivals and supervised creation of design guideline, sidewalk cafe, aduh business, and fire inspection fee regulations. Successfully litigated injunction actions challenging legality of code provisions and city commission actions. Generated increase of approximately S300,000 in revenues through contract negotiation, code eaoreement liens and court prosecutions. Established and implemented Legislative Liaison and Monitoring Program to create, draft, and coordinate special bills and legislation related to Hollywood for action by the Broward County Legislative Delegation and Florida legislature. 9$- 304 ASSISTANT CITY ATTORNEY Miami, Florida Chiaro Resume - Page 2 1984 - 1988 Primary Legal Counsel to the Planning Department, Planning Advisory Board, Heritage Conservation Board and Waterfront Board, which responsibilities included drafting, recommending and approving legislation related to the comprehensive land use plan, zoning code and historical designation. Provided legal counsel to municipal departments on sunshine law, public records, charter and code provisions, and litigation. Responsible for tort and complex land use litigation including state and federal challenges to zoning and permitting prooedures. Achieved results in favor of Commission action in Treister. et al v. City of Miami. wherein owners claimed a denial of rezoning deprived them of use of Coconut Grove property adjacent to the Barnacle Historic Site. In house lawyer for defense team which successfully negotiated significant police civil rights case of Estate of Nevel Johnson v. City of Miami. Achieved crucial positive results in defending public records and labor injunctive and civil rights actions among which included Miami Herald, et al. v. Maurice Ferre. et al. and Rwblfo Arias v. City of Miami ("River Cops Case"). Trained and directed novice staff attorneys in all aspects of litigation. Established and directed hiring and won of law clerks for all divisions. Created the City of Miami "formbook" for in-house automation of pleadings and documents. SENIOR ASSOCIATE 1982 -1984 Hollander and Associates, P.A. Hollywood, Florida Supervised attorneys, activities, case evaluations and assignments to members of the litigation department of a small, progressive law firm. Areas of emphasis included general and commercial litigation, personal injury (plaintiff and defense) and collection and insurance claims. ASSISTANT STATE ATTORNEY 1981 - 1982 Dade County, Florida Prosecutor woridng for Janet Reno as State Attorney and charged with sole responsibility for Branch Courts. Duties included prosecution, preparation of police and code enforcement officers for trial, and training of legal staff for witness and victim interviews, case investigation, negotiation, and trials. CERTIFIED LEGAL INTERN 1980 -1981 Department of Legal Affairs, Consumer Fraud Division Counsel for obtaining cease and desist order against Publix Supermarket chain on charges of misleading advertisements. Coordinated case investigation and trial preparation Negotiated settlements and agreements. Responsible for media briefing, direct contact with consumers, witness preparation, depositions and pleadings. Revised and developed legislation. PROFESSIONAL ADMISSIONS: United States Supreme Court The Florida Bar Board Certified - County, City, and Local Government Law The State Bar of Texas United States Court of Appeals for the Eleventh Circuit United States District Court, Southern District of Florida United States District Court, Southern District of Florida Trial Bar United States District Court, Middle District of Florida 98- 304 EDUCATION: University of Miami School of Law Coral Gables, Florida JD - January, 1981 Florida Atlantic University Boca Raton, Florida BA Communications/Marketing - June, 1978 PROFESSIONAL ORGANIZATIONS: Chiaro Resume - Page 3 Miami -Dade Community College Miami, Florida AA Journalism - December, 1976 Cum Lauds Academy of Florida Trial Lawyers American Bar Association Association of Trial Lawyers of America Collier County Bar Association Boss of the Year Award 1995 Collier County Women's Bar Association Delta Theta Phi Law Fraternity Florida Association of Municipal Attorneys Florida Association of Police Attorneys Florida Bar Section Memberships: Land Use, local Government International Municipal Lawyers Association (formerly NO") Featured Speaker. Land Use Jurisdiction National Convention, 1988 Removal - A Nest of National Convention, 1989 OTHER EXPERIENCE: 1975 to 1978 Managing Editor for bi-weekly publication. Published free-lance writer with emphasis on consumer issues. ORGANIZATIONS & ACTIVPIUS: Girl Scouts USA Gulfooast Council, Board Member - 1995 to 1997 David Lawrence Center, Board Member -1994 to Present; Officer, 1995 -1997 Leadership Collier, 1993 Leadership Southwest Florida,1994 Charter Class Leadership Florida, 1995 Supreme Court Historical Society, 1990 to Present Eleventh Circuit Historical Society, 1989 to Present National Trust for Historic Preservation, 1995 to Present Historical Museum of South Florida, 1988 to Present Collier County Historical Society, 1992 to Present Forum Club of Collier County, 1993 to Present Naples Press Club. 1996 to Present, Featured Speaker 1996 Miami River Coordinating Committee - Pro Bono Legal Counsel -1987 American Association of University Women - 1995 to Present 98 - 304 JOHN I COPELAN, JR., ESQUIRE 1448 N.W.111th Way Coral Springs, Florida 33071 February 26, 1998 City of Miami ., Attention: Walter J. Foemen, City Clerk = = M Office of the City Clerk © n 3500 Pan American Drive Miami, Florida 33133 N Dear Walter: ^. w Enclosed please find my resume for consideration for appointment to the position of City Attorney for the City of Miami. As requested, 1 am submitting a resume detailing my experience in local government to include my present duties as Broward County Attorney and my former duties in the Office of the City Attorney for Miami as Deputy City Attorney. In reviewing my office schedule, my duties as Broward County Attorney call for me to be in Tallahassee on March 9 and 10, 1998, in representation before the Governor and Cabinet sitting as the Administrative Commission, but I shall otherwise be available. If you need any additional information, please do not hesitate to contact me. Very truly yours, John J. Copelan, Jr. Enclosure 98- 304 RESUME JOHN J. COPELAN, JR. Once Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, FL 33301 Telephone: (954) 357-7600 PROFESSIONAL EXPERIENCE 2/89-Present County Attorney Broward County, Florida Home 1448 N.W. 11 Ith Way Coral Springs, Florida 33071 Telephone: (954) 344-0484 The County Attorney is responsible for representing the Hoard of County Commissioners, County Administrator and all other Departments, Divisions and Boards of County government in all legal matters affecting the County. This position requires frequent representation of the County in both State and Federal Court at the trial and appellate levels. Supervision is exercised over a staff of over 78 pe somick including 45 attorneys. In addition, the role of legal advisor to County government often requires advocating the County's interests before the Legislature, the Cabinet and Federal authorities. 1/80-2/89 City Attorney's Office Miami, Florida Deputy City Attorney Appointed Deputy City Attorney in 1983. Primary duties included the operational responsibility and supervision of the areas of Land Use, Commercial, ercial, and Police Legal Advisors in the Office of the City Attorney, including the representation of the City in civil litigation on various municipal, Section 1983, public records, eonmnercial cases, and in matters dealing with public finance, development and land use. Served as legal counsel to City of Miami International Trade Board and as Municipal Prosecutor for Municipal Code Violations before the City of Miami Code Enforcement Board. Management and administrative duties included recruitment and hiring responsibilities for the office and management of Assistant City Attorneys assigned to the areas of Land Use, Commercial, and Police Legal Unit. Administered the Municipal Practice Clinic for Certified Legal Interns from Nova University Law School, St. Thomas University Law School, and University of Miami Law School. Assistant City Attorney Advised City Manager and City Departments on various matters in commercial, municipal and administrative law. Responsible for drafting and reviewing contracts, leases, franchises and accompanying legislation. Attorney -advisor to the Waterfront Board on marine and development issues, two City of Miami Pension Boards, and for matters dealing with the granting of the City of Miami Cable Television License. 98- 304 4/77-12/79 Office of the Staff Judge Advocate XVIII Airborne Corps and Fort Bragg, North Carolina Chief of Legal Assistance Division Primary duties were to supervise a staff of four attorneys and five paralegal clerks in an office which provided general legal services to military, dependent and retired service clients. Prepared legal doh, staffing papers and special projects concerning legal matters for the Commanding General, XVM Airborne Corps and Fort Bragg. Trial Defense Attorney Performed equivalent duties to a civilian public defender. Advised and defended individuals aom sed of serious felony offaLms and non -felony offenses in both jury trials and bench trials. Advised and represented clients at administrative hearings before formal boards of investigation. Prepared legal briefs in support of motions and points of appeal. Prosecutor Performed duties as government trial counsel representing the United States in criminal prosecution similar to those of a civilian district attorney. Responsible for prosecution of individuals in felony and misdemeanor cases. Presented evidence on behalf of the United States at the military equivalent of grand jury proceedings pursuant to 10 U.S.C. 832 (Uniform Code of Military Justice). Prepared pretrial advx= for the Commanding General and advised agents of the Criminal Investigation Division in ongoing investigations. 1/774/77 Completed the Judge Advocate General School's Basic Course for attorneys located at the University of Virginia School of Law, Charlottesville, Virginia, which consisted of ten weeks of post -graduate Continuing Legal Education in civil, criminal, contract, administrative and international law. Academic Prosecutorial Assistant Years Bibb County District Attorney's Office 1974-1976 Macon, Georgia Worked as an intern in the preparation of criminal felony cases; handled probable cause hearings in Magistrate's Cant and vacation of probation hearings in Superior Court under the Georgia Third Year Practice Act. Spring 1973 Laws Clerk to Fall 1974 Mullis, Reynolds, Marshall and Horne Macon, Georgia Worked as paralegal clerk in areas of civil and criminal matters. Duties included investigation and trial preparation, legal research and writing, collections, title examinations and preparations for real estate closing. 98- 304 EDUCATION M.P.A. Florida Atlantic University 1976 Boca Raton, Florida (General Public Administration) J.D. Walter F. George School of Law 1976 Mercer University, Macon, Georgia B.A. Mamma Sim Imo, Mercer University 1973 Macon, Georgia (Economics and Political Science) CERTIFICATION Member The Florida Bar, 1976 Member The District of Columbia Bar, 1978 Admitted Before U.S. District Court and the Trial Bar, Southern District of Florida; U.S. Court of Appeals for the Eleventh Circuit; U.S. Cant of Military Appeals; and the Supreme Court of the United States Board Certified - The Florida Bar in City, County and Local Government Laws AV Rated Martindale -Hubbell Law Directory ACTIVITIES AND ASSOCIATIONS Chair -Elect, American Bar Association, Government and Public Sector Lawyers Division Editor of State & Local Law News; the Section Newsletter, American Bar Association, Section of State and Local Government Law Member, The Fellows of the American Bar Association Past Chair, The Florida Bar, Government Lawyers Section,1995-% Past Chairman, The Florida Bar, Local Government Law Section, 1985-96 President, Florida Association of County Attorneys, 1992-93 Past Chairman, The Florida Bar,1990 Midyear Mating Committee Past Chairman, The Florida Bar, Military Law/Aid to Servicemen Committee, 1990-91 Chairman, Conference Advisory Committee, "Governor's Conference on Local Governments in the 1990's," co- sponsored by the Office of the Governor, Florida Department of Community Affairs, The Florida League of Cities, Inc., The Florida Association of Counties, The Local Government Law Section of The Florida Bar, and The Florida institute of Government 98 - 304 Past Chairman, Broward County Bar Association's Law Day Committee Past Chairman, Dade County Bar Association Bicentennial and Legal Education Schools Committee Board of Directors, The Florida Law Related Education Association (FLREA), member -at -large, 1988-1995 Recipient, Stetson University College of Law plaque for outstanding service and commitment to the establishment and creation of "The Local Government Law Symposium," 1994 Recipient, the 1993 Paul S. Buchman Award from the Local Government Law Section of The Florida Bar for outstanding contributions in the area of legal public service. Recipient, 1992 Claude Pepper Outstanding Lawyer Award from The Florida Bar. Recipient, 1992 Clayton Burton Award from The Florida Bar Military Law -Aid to Servicemen Committee for leadership in promoting the quality of legal services to military personnel saving in the state of Florida. Recipient, the 1991 Up dt Comers Award sponsored by Price Waterhouse and South a magazine for professional accomplishments and community contributions in Broward County Recipient, Local Government Law Section of The Florida Bar plaque for outstanding contribution in the area of legal writing, 1991 Recipient, The National Committee for Employer Support of the Guard and Reserve Award for outstanding service to the National Defense through continuing support of the Guard and Reserve during Operation Desert Stour, 1991 Recipient, The Harrison Tweed Special Merit Award from The American Law Institute - American Bar Association Committee on Continuing Professional Education, for creating, developing and administering foward-looking programs on municipal law in Florida, 1989 Recipes The Ralph A. Ma sic ano Award for significant contributions to the development of Local Government Law in Florida, The Florida Bar Local Government Law Section, 1987 Recipient, National Institute of Municipal Law Officers (NIMLO) Award for Outstanding National Public Service by an Assistant Municipal Attorney, 1987 PUBLICATIONS, LEGAL EDUCATION AND LECTURE PARTICIPATION Adjunct Professor of Law, St. Thomas University School of Law,1991-1993 Lecturer at Continuing Legal Education Seminars for The Florida Bar Communications Law Committee, The Florida Bar Local Government Law Section, the Entertainment and Arts Law Committee, The Florida League of Cities, The Florida Municipal Attorneys Association, the National Institute of Municipal Law Officers, and the Department of the Army. 98- 304 Publication in the Mercer Law Review, the Stetson Law Review, the Nova Law Review, the Syracuse Law Ro jM, the Florida Bar JouraaL the EaUgain= and lqp= Law &MML the Preventive Law Reporter, ABA's The Public Lam= and The Urban Laws ]3= Army JAM _ The Munici9W and Florida Counties. Section Symposium Editor 1985-1997, "The Local Government Law Symposium," a continuing joint project of The Local Government Law Section and the Stetson Law Review. Law School: Editorial Staff, Maser Law Review, 1974-1976. Vice President, Student Bar Association, 1975-1976. Prosecutorial Assistant Program, 1974-1976. PERSONAL Born: December 13, 1951, West Palm Beach, Florida Military: Lieutenant Colonel, Judge Advocate General Corps., U.S. Army Reserve Active Duty with Judge Advocate General Corps (Army legal Branch), as a Captain, 1977- 1979 Assigned to Administrative Law Division, Office of the Judge Advocate General, Pentagon, Washington, D.C., as reserve mobilization designee, 19M1981 Assigned to 168th USAR JAG DET (International Law Team), Miami, Florida, from 1981- 1985. (Overseas Duly as Special Evaluator in International Law for Law of War Exercise with combined Korean and U.S. Farces in Korea during Iclm,%IWL 1992, and in Germany as an International Law Officer for $&MM 1984, in the combined exercise of German and U.S. Form.) Assigned to 174th Legal Support Organization, Miami., Florida, from 1985 to present, currently assigned as Director, Legal Services Graduate, U.S. Army Command and General Staff College, Air War College. References available upon request. 98 - 304 ALEXANDER COCALIS m m �1 Seeks challenging position in government advising and litigating 66' lex Matte C of law. Addresses: w Office Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, FL 33301 Telephone: (305) 357-7600 acocalis@co.broward.fl.us _ • 0 ; --1 Il= L• • Il=! Home 2731 N.E. 4th Street Pompano Beach, FL 33062 Telephone: (954) 782-5940 Facsimile (954) 782-5339 Ac occalis@sprintmail.com 1966-Present: Impartial Arbitrator and Hearing Officer Ad hoc arbitrator under the aegis of the Federal Mediation & Conciliation Service and American Arbitration Association in labor matters for industry and government. I have also served as a hearing officer in personnel matters and land valuation for various governmental agencies. Reported cases may be found in Commerce Clearing House and Bureau of National Affairs publications. 7/84-Present: Chief Trial Counsel, Broward County, Florida The Chief Trial Counsel reports directly to the County Attorney and is responsible for assigning and overseeing all litigation involving the County, its departments and agencies. There are approximately 1,000 lawsuits filed by or against the county each year in state and federal courts. All, except for cases involving conflicts of interest, are handled "in house." The cases routinely involve civil rights, contracts, eminent domain, employment discrimination, mandamus, negligence and wrongful death. There are occasional cases involving antitrust and probate matters. 1 /76-7/84: Deputy General Counsel, Broward County, Florida Worked closely with the General Counsel. Implemented policies of the General Counsel and performed duties of the office in the absence of the 98- 304 Curriculum Vitae, Alexander Cocalis; Page 2 General Counsel. Responsible for representing the Clerk of Courts, the various examining boards, building and zoning and rendering written legal opinions to the Board of County Commissioners and to the County Administrator as well as supervising all litigation in the office. 12/74-1 /76: Assistant General Counsel, Broward County, Florida Responsible for legal problems arising from the change to charter government, representation of the Clerk of Courts, eminent domain litigation, building and zoning, and writing ordinances and special legislation. 4/73-12/74: Koenig, Katz & Goodman, Davie, Florida Developed litigation section for law firm dealing primarily in real estate and real estate development law. 7/72-4/73: Assistant County Attorney, Broward County, Florida Handled all eminent domain litigation for county. Wrote special legislation. Responsible for representing building and zoning and the examining boards. Rendered legal opinions to all county agencies and departments. 2/72-6/72: Assistant District Attorney, Florida Department of Transportation Handled state eminent domain litigation through orders of taking in Monroe, Dade, Broward, Palm Beach, Okeechobee, Collier, Martin, Indian River and St. Lucie counties. 9/69-2R2: Amall, Golden & Gregory, Atlanta, Georgia General civil litigation representing plaintiffs and defendants in suits involving anti-trust, contract disputes, employment discrimination and securities fraud. Also Associate Counsel for the State Bar of Georgia responsible for prosecuting grievances against lawyers in the northern half of Georgia. 9/68-9/69: Solo Practitioner, Atlan%a, Georgia General civil litigation practice. Major clients were the Attorney General of Georgia for whom I reviewed eminent domain trials and recommended 9$-- 304 Curriculum Vitae, Alexander Cocalis; Page 3 whether or not to appeal and the State Bar of Georgia for whom I acted as Associate Counsel responsible for prosecuting grievances throughout the northern half of the state. 5/66-8/68: Assistant Attorney General, State of Georgia Represented the Public Service Commission, Board of Regents of the University system of Georgia, the Secretary of State in matters concerning elections and professional regulation. Duties included rendering legal opinions, approval of all contracts, reviewing and writing legislation, and all litigation concerning the clients. Also handled criminal appeals on occasion. 1961-1964: Commissioner, Federal Mediation & Conciliation Service Mediated labor disputes throughout the southeastern United States. 1959-1961: ASSISTANT TO RALPH T. SEWARD, ARBITRATOR Rendered arbitration decisions in contractual disputes between Bethlehem Steel Corporation and the United Steelworkers of America as well as various ad hoc arbitrations. EDUCATION: J.D. (with distinction) Emory University, Atlanta, Georgia, 1966. A.B. Harvard College, Cambridge, Massachusetts, 1954. Attended Wharton School of Finance and Commerce, University of Pennsylvania, Philadelphia, PA, 1958-1959. Member: State Bar of Georgia, 1965, The Florida Bar, 1968. Admitted: U.S. Supreme Court, U.S. Courts of Appeals for the Fifth, Sixth and Eleventh Circuits, U.S. District Courts for the Northern District of Georgia and the Southern District of Florida including the trial bar. 98- 304 Curriculum Vitae, Alexander Cocalis; Page 4 •k_ Bom: September 21, 1932, Elizabeth, New Jersey Youth: Attended Aiken Highschool, Aiken, S.C. Military: Honorably discharged as Captain, U.S.M.C.R. All-weather fighter pilot and instrument flight instructor. Family: Divorced. Five children: Gordon, Reid, Mark, Pamela and Clay. Interests: Aviation, boating, photography and reading. 08-- 304 Charles C. Mays 10240 S.W. 144" Street Miami, Florida 33176 February 27, 1998 Mr. Walter Foeman Office of the City Clerk 3500 Pan American Drive Miami, Florida 33133 Dear Mr. Foeman: Please accept for consideration by the Selection Review Committee the enclosed curriculum vitae as my application for the position of City Attorney. 7har apprec'atioles C. Mays Enclosure as stated 4 Z a a -- o =�� ? cc W JV> 98 - 304 CCM:Clurla C.doc Charles Chester Mays Curriculum Vitae Personal Data Date & Place of Birth: November 26, 1950 Jacksonville, Florida Residence: 10240 S.W. 144h Street Miami, Florida 33176 Telephone: Home: (305) 251-5919 Office: (305) 416-1800 Education 1968-1972 Florida A. & M. University Tallahassee, Florida Bachelor of Science, Political Science 1972-1975 University of Miami School of Law Coral Gables, Florida Juris Doctor Professional Experience September 2, 1986 to present August 1985 to August 1986 City of Miami City Attornev's Office Since 1993 has served as Chief Assistant over the General Litigation Division supervising trial and appellate attorneys, and police legal advisors, in addition to representing the City in significant federal civil rights actions, wrongful death actions, employment related litigation, and other general areas of litigation. McCrary. Valentine & Maw Partner specializing in civil and criminal trial and appellate litigation, administrative hearings, probate and guardianship. 38-- 304 Charles C. Mays Page 2 November 1981 to August 1985 Law Offices of Charles C. Mays A general practice with emphasis in civil and criminal litigation, including probate and guardianship. August 1980 to October 1981 City of Miami City Attorney's Office Assistant City Attorney. Primary responsibility was to defend the city of Miami in- personal injury and commercial litigation, including federal constitutional claims. Upon entering private practice, continued to represent the City in federal constitutional claims, commercial and tort litigation with three separate City Attorney administrations. October 1975 to July 1980 Dade County State Attorney's Office Assistant State Attorney. Served in several positions including a Felony Division Chief requiring the prosecution of capital crimes and other major felonies, in addition to supervising six felony prosecutors; Senior Attorney in the Organized Crime Unit requiring the supervision of covert criminal investigations (including electronic surveillance), the prosecution of cases arising out of such investigations, the prosecution of white collar crimes, and the prosecution of public corruption cases. June 1974 to October 1975 Dade Counter State Attornev's Office Certified Legal Intern, prosecuting felony trials. Honors, Awards, and Professional Affiliations 500 Black Role Models University of Miami Law School Mentoring Program U.S. District Court, Southern District of Florida, Peer Review Committee 1995-1997 Lecturer, Dade County Trial Lawyers' Association, September 1996 Lecturer, Florida Municipal Attorneys Association, August 1988 Distinguished Service Award, Dade County Bar Association 1984 98- 3'04 Charles C. Mays Page 3 President, Black Lawyers Association (1983) Article, "Are We Sharing Justice?", Miami Review, April 28, 1983 Distinguished Service Award, Dade County Bar Association 1983 Participant, Eleventh Circuit Judicial Conference May 1983 Miami -Dade Community College, Appreciation Award, 1983 Lecturer, Florida Bar Continuing Legal Education, 1980 Dean's List University of Miami School of Law, Fall 1974 Dean's List University of Miami School of Law, Spring 1974 Admitted to Florida Bar October 23, 1975 Admitted to U.S. Court of Appeal, Eleventh Circuit Admitted to U.S. District Court, Southern District of Florida References John J. Copelan, Esquire Broward County Attorney's Office 115 South Andrews Avenue, Suite 423 Fort Lauderdale, Florida 33301 Ervin Gonzalez, Esquire 100 South Biscayne Boulevard, Suite 900 Miami, Florida 33131 Larry Handfield, Esquire 4770 Biscayne Boulevard, Suite 1200 Miami, Florida 33137 Jesse McCrary, Esquire 2800 Biscayne Boulevard, Suite 800 Miami, Florida 33137 Herman Russomanno, Esquire 150 West Flagler Street, Suite 2101 Miami, Florida 33130 9$- 304 Zity of Hialeah ALEJANDRO VILARELLO City Attorney VIA HAND DELIVERY Walter J. Foeman, City Clerk Office of the City Clerk 3500 Pan American Drive Miami, Florida 33133 Re: Application for City Attorney Dear Mr. Foeman: (305) 883.5853 Telecopier: (305) 883-5896 February 17, 1998 I am pleased to submit my application and qualifications for City Attorney of the City of Miami. I understand that there are ten members of the Select Advisory Committee, therefore I have enclosed an original and ten copies of my resume. If any additional information is needed please contact me as soon as possible. / Very truly yours,Z-' � i Alejendr arello, `/ City Attorney enclosures c� w 98- 304 OFFICE OF THE CITY ATTORNEY/501 Palm Avenue/P.O. Box 11-0040/Hialeah, Florida 3301.1-0040 ALEJANDRO VILARELLO 501 Palm Avenue, 4th Floor P.O. Box 11-0040 Hialeah, Florida 33011-0040 (305) 883-5854 LEGAL EXPERIENCE: '<0 r' 77 1990 -- City Attorney Present: Law Department City of Hialeah, Florida > �; b Responsible for providing legal analysis and advice to the City Council, Executive Mayor, and all Department and Division Heads. Supervise and direct an office of six Attorneys, the City's Risk Manager, and a support staff of twelve employees. Responsible for defending all lawsuits filed against the city, its employees, and public officials. The scope of representation includes cases involving civil rights violations, personal injury, workers' compensation, labor disputes and/or lawsuits, land use, zoning, representation of the city with respect to three union contracts, public officials' liability, forfeiture, confiscation and construction litigation. Responsible for initiating lawsuits on behalf of the city. Director of the Risk Management Office that administers the city's Self -Insurance and Preventive Law Programs with an annual budget in excess of twelve million dollars. Advise Claims Adjusters in pre -suit claim negotiations. Administer the preparation of proposed legislation presented to and by the Mayor and the City Council and advise and counsel the Mayor, City Council and City Departments regarding such legislation. 1988 -- Chief Assistant City Attorney 1990: General Litigation Division City Attorney's Office City of Miami, Florida Division Chief of the largest division of the City Attorney's Office. Responsible for providing legal analysis and advice to the City Commission, City Manager, and all City Departments. Supervise and direct a staff of eight Assistant City Attorneys and eight secretaries. Responsible for defending lawsuits filed against the city, its employees, and public officials. 98- 304 The scope of representation includes cases involving public officials' liability, civil rights violations, construction litigation, and personal injury. Advise Claims Division adjusters in pre -suit claims negotiations to settle claims prior to litigation. 1983-- Assistant City Attorney 1988: City Attorney's Office City of Miami, Florida Trial Attorney: Bodily injury defense, police torts and Section 1983 claims. Commercial Litigation, contractual disputes, including bankruptcy and adversarial proceedings. Drafting and reviewing all contracts and leases entered into by the City of Miami. Advisor to the City Commission, the City Manager, and City Departments on municipal, elections, commercial, real property, administrative, and public records law. Prosecution of municipal code violations in county court as well as before the Code Enforcement Board of the City of Miami. Interpretation of zoning ordinances and land use regulations. 1982 -- Staff Attorney 1983: Legal Services of Greater Miami, Inc. Miami, Florida Litigated a variety of matters affecting rights and entitlements of low income households including social security benefits, supplemental security benefits, minimum housing standards, consumer fraud, and other related issues. 1981 -- Certified Legal Intern 1982: University Legal Assistance Spokane, Washington Established a guardianship and guardian ad litem program for the Office of Social Security Administration, State of Washington. Prepared and argued veterans' rights issues in Federal Court. Page 2 9 O— 304 EDUCATION: GONZAGA UNIVERSITY SCHOOL OF LAW, J.D., 1982 Spokane, Washington UNIVERSITY OF SOUTH FLORIDA, B.A., 1979 Tampa, Florida Major: American Studies PROFESSIONAL ADMISSIONS: Supreme Court of the United States of America U.S. District Court for the Southern District of Florida Florida Bar Association PROFESSIONAL ORGANIZATIONS: Florida Bar Association Local Government Law Section Trial Lawyers Section Judicial Nominating Procedures Committee Dade County Bar Association Judicial Endorsements Committee American Bar Association Former Vice -Chair, Finance Committee; Government and Public Sector Lawyers Division Labor and Employment Law Section Cuban American Bar Association ORGANIZATIONS AND ACTIVITIES: Pro Bono Legal Counsel to the Coconut Grove Jaycees Speaker: a. Sunshine law b. Public hearings/public . meetings/notices/advertising/posting requirements; c. Public records and minutes. d. Labor negotiations and disputes. Page 3 08- 304 St#g of 'ffiiam. WALTER J. FOEMAN City Clerk August 19, 1998 Evelyn Jefferson Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32316 Dear Ms. Jefferson: JOSE GARCIA-PEDROSA City Manager Enclosed herewith please find a copy of the following Resolution which amend the Code of the City of Miami, Florida: R98-304 If I can be of any further assistance, please do not hesitate to call. Yours truly, janYtd�e A. Davis4 y City Clerk Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 J-98-325 3/12/98 RESOLUTION NO.9 8 - 304 A RESOLUTION ELECTING AND APPOINTING ALEJANDRO VILARELLO AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE UNTIL THE FIRST MEETING FOLLOWING THE NEXT REGULAR CITY ELECTION AS PROVIDED FOR IN THE CITY CHARTER. WHEREAS, the City Charter provides that the City Commission shall elect and appoint a City Attorney; and WHEREAS, pursuant Resolution No. 98-183, adopted February 10, 1998, the City Commission established a ten (10) member Select Advisory Committee (the "Committee") to review applications, conduct personal interviews of candidates for this position, and to recommend no less than three and no more than five qualified individuals to the -City Commission for their consideration; and WHEREAS, the Committee has presented its recommendations and it is now incumbent upon the City Commission to elect and appoint an individual as City Attorney of the City of Miami, Florida; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Crff C n gna olff ICEITING or MAR 2 41998 98- 304