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HomeMy WebLinkAboutM-83-0991C CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM To The Honorable Maurice A. Ferre Mayor FR Jose R. Garcia -Pedrosa City Attorney I GATE October 27, 1983 F,=F Ricardo J . Rechani Qualification for Office P_cFF:F•.-E_ F.._.,. _.4:1. This memorandum confirms my advice regarding the captioned matter. Specifically, you asked whether the challenge to Mr. Rechani's qualifications for the office of city commis- sioner was properly before the Commission at its October 27, 1983, meeting. Said challenge was made pursuant to the provisions of City Code §16-17. On October 25, 1983, the Commission passed a Resolution, copy of which is attached, scheduling a hearing on the challenge for October 27, 1983, at 9:00 a.m. The Commission also authorized the issuance of a subpoena, copy of which is attached. At the October 27 hearing, the Commission had before it the attached memorandum from the City Manager, the attached Affi- davit of Sergeant Theodore Seaman, and a telegram to me from The Florida Bar, copy of which telegram is also attached. In addition, Sgt. Seaman personally appeared before the Commission, again swore to the contents of his attached Affi- davit, and answered questions from the Commission. You asked whether, under those circumstances and considering the contents of the attached documents, the matter was properly before the Commission. I answered in the affirmative and now confirm that advice. JGP:sd CC: Honorable Members of the City Commission (with attachments) Howard V. Gary, City Manager (with attachments) J Ralph G. Ongie, City Clerk (with attachments) /M U7--1'93-99L 83-991 AFFIDAVIT OF THEODORE SEAMAN State of Florida ) SS: County of Dade) BEFORE ME, the undersigned authority, personally appeared Thoedore Seaman who after being first duly sworn, deposes and states as follows: 1) - 1 am employed by the City of (Miami, and have so been employed at all times material hereto, as a sergeant of police, assigned to the Internal Security Unit. 2) On October 25, 1983 I was assigned to locate and serve a witness subpoena on Ricardo J. Rechani at his residence address of 444 Brickell Avenue, 51-139, 'Miami, Florida. 3) I took the following steps to locate Mr. Ricaddo J. Rechani in an effort to serve him with a witness subpoena. a. i attempted to contact Mr. Rechani at his address of 444 Brickell. This address was a commercial mail drop and not the residence of Mr. Rechani. This mail drop had been closed on October 12, 1983 with no forwarding information provided. b. A residential address of 2612 San Domingo Street, Coral Gables was obtained through a name check with the State of Florida Department of Motor Vehicles. Attempts to contact Mr. Rechani at this address were negative. Mail delivered to this address for Mr. Rechani has been returned as undeliverable. A neighborhood canvass failed to reveal any information on Mr. Rechani's whereabouts. c. A check of the Dade Colunty Tax Rolls failed to show any property owned by Mr. Rechani. d. A check of the utility companies failed to show any residence for Mr. Rechani. e. A driver's license check failed to show that Mr. Rechani is a licensed driver in the State of Florida, even though a vehicle was found to be registered to Mr. Rechani at 2612 San Domingo Street, Coral Gables, as mentioned above. f. A check of the voter rolls revealed that Mr. Rechani is a registered voter and listed his address at the mail drop at 444 Brickell Avenue. 83r-9911 83-991t 0 g. Mr. Rechani gave his occupation as an attorney but a check of the Florida Bar failed to locate Mr. Rechani as an attorney admitted to the Florida Bar. h. Mr. Rechani's stepson Reynaldo Castellanos was contacted. He stated that he does not have any idea where Mr. Rechani lives and that the last contact he had with Mr. Rechani was a telephone call last week. Mr. Castellanos further stated that his mother is married to Mr. Rechani but he does not have any knowledge of her present whereabouts. 4) , As of the time of making this Affidavit, I have been unable to determine a residence address or place of employment for Mr. Richardo J. Rechani in the City of ti1iami or serve him with the witness subpoena. FURTHER. AFFIANT SAYETH NOT. , THEODORE EA'MAN SWORN TO AND SUBSCRIBED before me this 26th day of October, 1983. Notary Public My Commission Expires: NO1:,eY PUBLIC STATE OF FLOMIDA r:,r CO;�ra�551GN E014S OCT 30 1S66 6Gt.0E� ;hti� CEt,LkAL It:SJ&ANCE UND 83-991 83-991I :-Y CF `•11A��1. -t C RID . �, :2•C.=F1`E MEMORANDUM The Honorable Mayor and Members of the City Commission r Howard V. Gary ' City Manager October 27, 1983 =IBC Attempted Subpoena Service of Ricardo J. Rechani The Commission issued a Witness Subpoena Ducus Tecum regarding the residency of Mr. Ricardo J. Rechani, candidate for election to the Miami City Commission Group II. On October 25, 1983, I directed the Police Department to investigate this matter and serve Mr. Rechani with a Witness Subpoena. The Police Department was unable to serve the subpoena. The following is an outline of the Police Department's efforts. 1. Officers attempted to contact Mr. Rechani at his listed address, 444 Brickell Avenue, Suite 51-139. This address was a commercial mail drop, and not the residence of Nlr. Rechani. The mail drop had been closed on October 12, 1983, with no forwarding information provided. 2. A residential address of 2612 San Domingo Street, Coral Gables was located. Attempts to contact N1r. Rechani at this address were unsuccessful. Mail delivered to this address for Mr. Rechani has been returned as undeliverable. A neighborhood canvass failed to reveal any information on Mr. Rechani's whereabouts. 3. A check of the Dade County tax rolls failed to show any property owned by Mr. Rechani. 4. A check of the utility companies failed to show any residence for Mr. Rechani. 5. A driver's license check failed to show that Mr. Rechani is a licensed driver in the State of Florida. However, a vehicle is registered to Mr. Rechani at 2612 San Domino Street, Coral Gables. 6. A check of the voter rolls revealed that Mr. Rechani is a registed voter. He listed his address as the mail drop at 444 Brickell Avenue. 7. Mr. Rechani gave his occupation as an attorney but a check of the Florida Bar failed to locate Mr. Rechani as an attorney admitted to the Florida Bar. 83-991, 83-991 S. Mr. Rechani's stepson, Reynaldo Castellanos. was contacted. He stated that he does not have any idea where Mr. Rechani lives and that the last contact he had with Mr. Rechani was a telephone call last week. Mr. Castellanos stated that his mother is married to ,Mr. Rechani but he does not have any knowledge of her whereabouts. I have attached for your examination a sworn affadavit from the police investigator who pursued this matter. 83-991 83-9911 CASE 83 20846 - - - - - Nltg>3sinee , Entit fir.,,,,, Circuit uLty � IPe rer Cleaners Slipper Court 10 Be Served :.._ S (2b 180 N.E at. Type of Writ Zone Address CASE s State Of F1a6#1d&,At(2 - 3 1:, ttTL Court Date `4 3 Q Plaintiff -. • t Florida Literary D1ttrj7q45ing Co - Posted Defendant Refer to this docket number a when filing as alias or pluries. Number of Services Mail To: DOCKET 0 See Jose R Garcia -Pedrosa Co -Defendant 169 E Flagler St. #1101 Miami Fla. 33131 Dep. _ - - No Dep: _ (.� - .� __ . • • - --i - - - Tr. 0 µDate -Total - _ Reed. Served ' Jun. 13 r 3 No Serviced Received this process on ❑ Returned the same, on �� at (OATEi COF (OATS) ITIME) me •r'---- ti, ' LC.�t in Dade C6Qy, Florida. (NAME) ❑ INDIVIDUAL SERVICE: By serving the within named persona copy of the writ, and a copy of the complaint, petition or initial pleading. ❑ SUBSTITUTE SERVICE: By serving a copy of this writ, and a copy of the complaint, petition, or initial pleading at the defendant's usual place of abode, on "any person residing therein" the age of fifteen years or older to wit: and informing such person of their contents. (NAME AND RELATIONSHIP) ❑ CORPORATE SERVICE: By serving a copy of this writ and a copy of plaintiffs initial pleading to as (PART►' SERVED) (POSITION) or any employee of defendent corporation in the absence of any superior officer as defined in the Florida Statutes 48.081 when defendant corporation does not keep a registered office open and a registered agent sent as required by Florida Statute 48.091. ❑ POSTED RESIDENTIAL: By attaching a copy of this writ, togee��rrttr a copy of the complaint of petition, to a conspicuous place on the property described within. The above named tenant couldnot be found and there was no person residing therein, fifteen years or older at • ' IAOORESS POSTED) ,the psuaj &q of abode in Dade_ County,.Florida, upon whom service could be made. ; ❑ POSTED COMMERCIAL- . (ADDRESS POSTED) ❑ I NO SERVICE: For the reason that after several attemps at service a ven address failed to find said NOTE: �• - (PARTY NAMED) OTHER RETURNS: Ar ❑ Holding in file per/for ❑ Placed in possession. ❑ Did not execute per ❑ Given address ❑ Not at r" ❑ No Longer in Business fi • ❑ No Assets ❑ Bankruptcy ❑ Folly Satisfied ❑ Pmrinz Direct. ❑ Made Demand ., Q C>mc:lled tier Bobby . Jones, Sheriff 83-9911 • .. .' Did �.F>�.. -IG Dssome ft 83-9911 M ABO86 (1446) (1-014984 A299) PD 10/26/83 1446,-11 OCT 25 91 L!: 12 ICS IPMMLAJ MGY 01541 10-26 0244P CDT MLAC ICS IPMM A09 4-038464S299 10/26/OV3 ICS IPMMTZZ CSP 9042225286 COLLECT TDMT TALLAHASSEE FL 24 10-26 0234P EST R4S DOSE R GARCIA-PEDROSA, CITY ATTORNEYS OFFICE, DLR , 169 EAST FL AGLER ST ROOM 1 1 U 1 M I AM I FL 33 13 l THE RECORDS OF THE FLORIDA BAR REFLECT THAT RICARDO J, RECHANI IS NVT NOW AND HAS NEVER BEEN A MEMBER OF THE FLORIDA BAR VIRGINIA HARDIS©N MEMBERSHIP RECORDS THE FLORIDA BAR TALLAHASSEE FL 32301 W U 1201-SF IR5 W 83-3911 3500 Pan American Drive, Miami, Florida on October 27, 1983 at 9:00 o'clock A.M. and to bring with you all papers, materials, and documents bearing upon your residency as of the date of September 23, 1983, and all times thereafter, to testify and the -rich to speak in behalf of the City of Miami in a certain matter before said City Commission pending and undetermined, wherein you have filed as a candidate for election to the Miami City Commission - Group II, and this you shall in no wi mit. /Y�YOR, CITY OF MIAMI, DADE COUNTY FLORIDA WITNESS MY HAND AND SEAL THIS 25th DAY OF OCTOBER, 1983. SERVED on this day of , 1983. CHIEF OF POLICE CITY OF MIAMI, FLORIDA BY: POLICE OFFICER ORIGINAL OF THIS RETURN TO BE RETURNED TO CITY CLERK. 83-9911 IN RE: RESIDENCY OF RICARDO J. RECHANI BEFORE THE COMMISSION OF THE CITY OF MIAMI, FLORIDA WITNESS SUBPOENA DUCES TECUM TO: RICARDO J. RECHANI 444 Brickell Avenue Plaza 51-139 Miami, Florida 33131 TO ALL AND SINGULAR THE POLICE OFFICERS OF THE CITY OF MIAMI: GREETINGS; YOU ARE HEREBY COMMANDED to summon the above witness to be and appear before the Commission of the City of Miami, Florida in the Chambers of the City Commission, City Hall, 3500 Pan American Drive, Miami, Florida on October 27, 1983 at 9:00 o'clock A.M. and to bring with you all papers, materials, and documents bearing upon your residency as of the date of September 23, 1983, and all times thereafter, to testify and the truth to speak in behalf of the City of Miami in a certain matter before said City Commission pending and undetermined, wherein you have filed as a candidate for election to the Miami City Commission - Group II, and this you shall in no wigfeAmit. YOR, CITY OF MIAMI, DADE COUNTY FLORIDA WITNESS MY HAND AND SEAL THIS 25th DAY OF OCTOBER, 1983. SERVED on this day of , 1983. CHIEF OF POLICE CITY OF MIAMI, FLORIDA BY: POLICE OFFICER ORIGINAL OF THIS RETURN TO BE RETURNED TO CITY CLERK. 83-991LI M ABO86 (1446) (1-014984 A299) PD 10/26/83 1446 1^51 OCT 26 PI} 4; 12 ICS IPMMLAJ MGY 01541 10-26 0244P CDT MLAC ICS I PMM AO 9 4-038464S299 10/26/ %3 ICS IPMMTZZ CSP 9042225 286.. COLLECT TDM T T ALL AH ASS EE FL 24 10-26 023 4 P EST FMS JOSE R GARCIA-PEDROSAt CITY ATTORNEYS OFFICE, DLR 169 EAST FLAGLER ST ROOM 1 101 Sr'' �` �� '` / ,' .' T� _.---- M I AM I FL 3.3131 )`, THE RECORDS OF THE FLORIDA BAR REFLECT THAT RICARDO J. RECHANI IS Nor NOW AND HAS NEVER BEEN A MEMBER OF THE FLORIDA BAR VIRGINIA HARDISON MEMBERSHIP RECORDS THE FLORIDA BAR TALLAHASSEE FL 32301 w.0 120i-SF,R6.69, 83-9911 IN RE: RESIDENCY OF RICARDO J. RECHANI BEFORE THE COMMISSION OF THE CITY OF MIAMI, FLORIDA WITNESS SUBPOENA DUCES TECUM TO: RICARDO J. RECHANI 444 Brickell Avenue Plaza 51-139 Miami, Florida 33131 TO ALL AND SINGULAR THE POLICE OFFICERS OF THE CITY OF MIAMI: GREETINGS! YOU ARE HEREBY COMMANDED to summon the above witness to be and appear before the Commission of the City of Miami, Florida in the Chambers of the City Commission, City Hall, 3500 Pan American Drive, Miami, Florida on October 27, 1983 at 9:00 o'clock A.M. and to bring with you all papers, materials, and documents bearing upon your residency as of the date of September 23, 1983, and all times thereafter, to testify and the to speak in behalf of the City of Miami in a certain matter before said City Commission pending and undetermined, wherein you have filed as a candidate for election to the Miami City Commission Group II, and this you shall in no wi mit. YOR, CITY OF MIADII, DADE COUNTY FLORIDA WITNESS MY HAND AND SEAL THIS 25th DAY OF OCTOBER, 1983. SERVED on this day of , 1983. CHIEF OF POLICE CITY OF MIAMI, FLORIDA BY: POLICE OFFICER ORIGINAL OF THIS RETURN TO BE RETURNED TO CITY CLERK. 0 83- 991 I J-83-970 10/25/83 rr/D-5 RESOLUTION NO. 83--991' A RESOLUTION SETTING OCTOBER 270 1983 AT 9:00 A.M. IN THE CITY COMMISSION CHAMBERS, CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, AS THE DATE, TIME AND PLACE OF A HEARING BEFORE THE CITY COMMISSION TO INVESTIGATE THE RESIDENCY OF RICARDO J. RECHANI, A CANDIDATE FOR CITY COMMISSION IN GROUP •I19 PURSUANT TO SECTION 14 OF THE CITY CHARTER; FURTHER AUTHORIZING THE ISSUANCE OF A WITNESS SUBPOENA DUCES TECUM TO BE SERVED UPON SAID RICARDO J. RECHANI REQUIRING HIS ATTENDANCE AT SAID HEARING; ALSO DIRECTING THE CITY CLERK TO CAUSE NOTICE OF THE HEREIN RESOLUTION TO BE GIVEN TO SAID RICARDO J. RECHANI AS SOON AS PRACTICABLE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Pursuant to Section 14 of the City Charter, a hearing shall be held at 9:00 A.M., October 27, 1983, in the rhamhPrs of the City Commission, City Hall, 3500 Pan American Drive, Miami, Florida, to investigate the residency of Ricardo J. Rechani, a candidate for City Commission in Group II, pursuant to Section 14 of the City Charter. Section 2. Issuance and service of a witness subpoena duces tecum upon said Ricardo J. Rechani requiring his attendance at said hearing is hereby authorized. Section 3. The City Clerk is hereby directed to cause notice of the herein resolution to be given to said Ricardo J. Rechani as soon as practicable. PASSED AND ADOPTED this 25 day of October , 1983. Maurice A. Ferre M A Y 0 R 93-991 CITE' COMMISSION MEETING OF Jw o•4 No. 1-10918? 98:1 REMARKS. PREPARED AND APPROVED BY: ROBERT F. LARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY lu -2- N3-9W 83-9811.