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HomeMy WebLinkAboutR-43389• RESOLUTION NO. 43389 A RESOLUTION ADOPTIA7 A,NL PREFERRING CERTAIN CHARGES AND SPECIFICATIONS SET FORTH AND MADE A PART OF THIS RESOLUTION PREFERRED BY M. L. REESE, CITY MANAGER OF THE CITY OF MIAMI, FLORIDA, AGAINST GERALD J. TOBIN, MUNICIPAL JUDGE OF THE MUNICIPAL COURT OF THE CITY OF MIAMI, FLORIDA, CHARGING SAID MUNICIPAL JUDGE WITH MALCONDUCT AND MISBEHAVIOR IN HIS OFFICE AS STATED THEREIN; PROWDING THAT A HEARING ON SAID CHARGES SHALL BE HELD BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, IN THE COMMISSION CHAMEERS AT CITY HALL DINNER KEY, MIAMI FL9 DA , ON THE DAY OF r' . A.D. 1972, BEGINNING AT /O f e O'CLOG.•. , .M.; PROVIDING THAT THE SAID GERALD J. `_•%JBIN MAY BE PRESENT IN PERSON AND BY COUNS'].L AT SAID HEARING AND THAT HE, HIS WITNESSES AND HIS COUNSEL MAY BE HEARD ON MATTERS PERTAINING T : SAID CHARGES AND SPECI- FICATIONS; PROVIDING T:' :: TiiE 0ITY CLERK SHALL FORTHWITH SERVE UPO: THL SAID GERALD J. TOBIN COPIES OF THIS RESO:...UTION INCLUDING SAID CHARGES AND SPECIFICATIONS AND A NOTICE INFORMING THE SAID GERALD J. TOBIN OF THE DAY, TIME AND PLACE OF SAID HEARING. WHEREAS, .:. L. REES2, z :. City Manager of t'le City Jf Miami, did cause the .:.j; ointment of a Committe. _or :he purpose of ..nvestigating of Municipal Curt J ucc es Leonard L. Levenstein ana Gerald J. Tobin, the Comr:.:ttee appointed being Alan H. Rothstein, City Attorney, Jack A. .lice, Jr., Assistant Director of the Department .f Law, and Sidney B. Shapitc, Assistant City Attorne.! and WHEREAS, pursuant :o said directive an investga•- • :i..:. was held; and WHEREAS, upon a rev _ .w ..f the transcript of sti-- .ao.!, the evidence, the recor.:r:. dations and the st*..;2mc.: -1- ft, FAN Fora rXa J rr I CITY COMMISSION MEETING OF LPSS MAR 161972 owrwm 140... 3 $ .. d of the City Attorney to the City Manager in reference thereto, the City.Manager, M. L. REESE, prefers against GERALD J. TOBIN, Municipal Judge of the City of Miami, the charges and specifications hereinafter set forth in this resoiution, charging said Municipal Judge with talconduct and misbehavior in office ' according to said chagcs and specifications; and — ER:AS, the City Commission deems said charges to be of serious import requiring a hearing on said charges; and W :::.-i"AS, the City Manager prefers against the said GEAALD J. TOBIN, as said Municipal Judge, the following written charges in words and figures as follows, to -wit: CHARGE AND SPECIFICATIONS NO. 1 M. L. REESE, as City Manager of the. City of Miami,:. prefers against GERALD J. TOBIN, as Municipal Judge of the City of Miami, Florida, the following charge of malconduct and/or misbehavior in office, to -wit: That you, GERALD J. TOBIN, did impose court costs of $50.00 on Marie Infante who was the complainant against the defendant Charles Ronald Kellner in Case No. 71-19379, tried in the Municipal Court on December 2, 1971, in which you were the trial judge, and that you did note under "Special Orders, Remarks, Etc." on • the trial docket: "Affidavit for warrant is a lie - this Compl. is not to be allowed to take out further warrants ever. W/drawn upon payment of 50. costs by Compl." That the complainant, Marie Infante, is a know prostitute and that after making suite notations on the trial docket you did then go to the office of one Richard Slatko, a bail bondsman, whose office is directly across the street from the City of Miami Justice Building, at 1150 N. W. llth Street, and that you did, upon entering said office, retire to a private room with said Marie Infante and did remain in said private room alone with her for approximately 15 to 20 minutes, and that upon returning to the Municipal Court in and for the City of Miami, Dade County, Florida, for the afternoon session you did suspend the costs against said Marie Infante .which you had previously imposed. CHARGE AND SPECIFICATIONS NO. 2 M. L. REESE, as City Manager of the City of .iiami, prefers against GERALD J. TOBIN, as Municipal Judge: of .he City of Miami, Florida, the following charge of malconduct and/or misbehavior zn office, to -wit: That you did impose a charge against Marie Infant:: the complainant in Case No. 71-19379 in the Munici_:.l Court in and for the City of A'_iami, Dade County, F._crida, in which Charles Ronald Heliner was the defendant, and that you did note on the bottom of the trial docket attached hereto and made a part hereof as Exhibit "A": -3- • "Affidavit for warrant is a lie - this Compl. is not to be allowed to take out further warrants ever. W/drawn upon payment of 50. costs by Compl." and that said conduct of the complainant was contemptu- ous and that you failed to carry forth your duties as a Municipal Judge of the City of Miami in that you did not cite said complainant/affiant Marie Infante with con- tempt of court as authorized by the Charter of the City of Miami, Chapter 10847, Special Acts, Laws of Florida, 1923, as amended, and specifically Section 59 pertaining to the Municipal Court in and for the City of Miami, Dade County, Florida, but in the alternative did impose 450.00 costs on said complainant/affiant which you knew or should have known could not be lawfully imposed upon her. CHARGE AND SPECIFICATIONS NO. 3 M. L. REESE, as City Manager of the City of Miami, _refers against GERALD J. TOBIN, as Municipal Judge Jf the City of Miami, Florida, the following charge of malcorduct and/or misbehavior in office, to -wit: That in the trial of the defendant Charles Ronald Heliner in the Municipal Court in and for the City of :4iLrr.i, Dade County, Florida, Case No. 71-19379, tried 3n December 2, 1971, you, GERALD J. TOBIN, as trial judge, did impose upon one Marie Infante, the complainant the cause who had filed a sworn complaint against the do erdant upon which the charge was predicated, $50.30 court costs, and that you knc:.. at the time said cour. -4- rt costs were imposed upon her that said costs were improper and that pursuant to the Charter of the City of Miami, Chapter 10847, Special Acts, Laws of Florida, 1925, as amended, the proper charge that should have been lodged against said Marie Infante was contempt of court for the reason that said Marie Infante lied, as noted on the trial docket by you, GERALD J. TOBIN, and that by the imposition of costs against said complainant and failure to have caused the proper charge to be filed against the said Marie Infante, you did thereupon deprive her of the right to be heard on the charge of contempt of court. CHARGE AND SPECIFICATIONS NO. 4 M. L. REESE, as City Manager of the City of Miami, prefers against GERALD J. TOBIN, as Municipal Judge of ::he City of Miami, Florida, the following charge of malconduct and/or misbehavior in office, to -wit: That you, GERALD J. TOBIN, did on December 2, 1971, in :Municipal Court Case No. 71-19379 in which Charles Ronald Hellner was the defendant, impose $50.00 court costs against the cornpiainant/affiant Marie Infante for swearing to an affidavit for warrant which was a lie, and thereafter did seclude yourself with said Marie nfante in the office of Richard Slatko, a bail bonds- man, said office located at 1150 N.W. llth Street, said Marie Infante beirc< known prostitute and having a criminal record, and that in consideration thereof yo-... GE ,-.LD J. TOBIN, did su�1: nd :_.^_e court costs against sad costs were imposed upon her that said costs were improper and that pursuant to the Charter of the City of Miami, Chapter 10847, Special Acts, Laws of Florida, 1925, as amended, the proper charge that should have been lodged against said Marie Infante was contempt of court for the reason that said Marie Infante lied, as noted on the trial docket by you, GERALD J. TOBIN, and that by the imposition of costs against said complainant and failure to have caused the proper charge to be filed against the said Marie Infante, you did thereupon deprive her of the right to be heard on the charge of contempt of court. CHARGE AND SPECIFICATIONS NO. 4 M. L. REESE, as City Manager of the City of Miami, prefers against GERALD J. TOBIN, as Municipal Judge of the City of Miami, Florida, the following charge of malconduct and/or misbehavior in office, to -wit: That you, GERALD J. TOBIN, did on December 2, 1971, in Municipal Court Case No_ 71-19379 in which Charles Ronald Hellner was the defendant, impose $50.00 court costs against the complainant/affiant Marie Infante for swearing to an affidavit for warrant which was a lie, and thereafter did seclude yourself with said Marie Infante in the office of Richard Slatko, a bail bonds- man, said office located at 1150 N.W. llth Street, said Marie Infante being a known prostitute and having a criminal record, and that in consideration thereof you: GER -.LD J. TOBIN, did suarda:-lc the court costs against sad -5- complainant/affiant Marie infante without a public pronouncement thereof in open court. CHARGE AND SPECIFICATIONS NO. 5 M. L. REESE, as City Manager of the City of Miami, prefers against GERALD J. TOBIN, as Municipal Judge of the City of Miami, Florida, the following charge of ralconduct and/or misbehavior in office, to -wit: That you, GERALD J. TOBIN, did impose $50.00 court costs against one Marie Infante in City of Miami Municipal ..ourt Case No. 71-19379, in which Charles Ronald Hellner was the defendant, and did note on the trial docket: "Affidavit for warrant is a lie - this Compl. is not to be allowed to tare out further warrants ever. W/drawn upon payment of 50. costs by Compl." and said assessment of costs was made in open court by public pronouncement, and that you did thereafter, with - Jut requiring the complainant Marie Infante to appear an court and without making a public pronouncement of your decision in open court, tnen and there suspend the costs against the said Marie Infante. CHARGE AND SPECIFICATIONS NO. 6 M. L. REESE, as City Manager of the City of Miami, prefers against GERALD J. TOBIN, as Municipal Judge of the City of Miami, Florida, the following charge of r:alconduct and/or misbehavior in office, to -wit: That you, GERALD J. TOBIN, did impose $50.00 court costs against one Marie Infante in City of Miami Mur:ici )al Court Case No. 71-19379, and said assessment of cost:ti w::s made in open court by public pronouncenen':, and that you did thereafter, without requiring the complainant Marie Infante to appear in court and without making a public pronouncement of your decision in open court, then and there suspend the costs against the said Marie Infante, and that you, GERALD J. TOBIN, did fail to note on the trial docket under "Special Orders, Remarks, Etc." the reason why said costs were suspended. CHARGE AND SPECIFICATIONS NO. 7 M. L. REESE, as City Manager of the City of Miami, prefers against GERALD J. TOBIN, as Municipal Judge of the City of Miami, Florida, the following charge of malconduct and/or misbehavior in office, to -wit: That you, GERALD J. TOBIN, in Municipal Court Case No. 71-19379 in which Charles Ronald Heliner was the defendant and Marie Infante was complainant, did fall to properly note on the trial docket or fail to re.; ..ire the Court Clerk to note on the trial docket the name o; the City Prosecutor, whether or not the City Prosecutor was present, the name of the defendant's attorney, if any, the court reporter, if any, or the witnesses az said hearing if any. CHARGE AND SPECIFICATIONS NO. 8 M. L. REESE, as City Manager of the City of M..am.i, prefers against GERALD J. TOBIN, as Municipal Judge of the City of Miami, Florida, the following charge o:: malconduct and/or misbehavior in office, , to -wit: -7- That you, GERALD J. TOBIN, were t:_. trial 1 judge in the Municipal Court in and for the City of Miami, Dade County, Florida, in trial docket Case No. 71-16034 and Case No. 71-16033 in which Maria E. Lazcano and Enriqueta Santiesteban were the defendants, respectively, and that you did impose a sentence upon Maria E. Lazcano of 15 days and upon. Enriqueta Santiesteban of 60 days, and that you did, at the request of one Guillermo Tabraue, have the defendants, Maria E. Lazcano and Enriqueta Santiesteban, after they were incarcerated pursuant to their sentences and prior to their completing the jail terns as imposed by you, bring them before the court and suspend the balances of their sentences; and that there- after during the month of December, 1971, you did accept from Guillermo Tabraue, a jeweler whose place of business s located at 964 W. Flagler Street, Miami, a set of gold cuff finks having an approximate wholesale value of :6C.00. See Exhibits "B" and "C" attached hereto. CHARGE AND SPEC ± F SCATIONS NC. 9 M. L. REESE, as City Manager of the City of Miami, prefers against GERALD J. TOBIN, as Municipal Judge of the City of Miami, Florida, the following charge of malconduct and/or misbehavior in office, to -wit: That you, GERALD J. TOBIN, in Municipal Court Cases No. 71-16034 and No. 71-16033 in which Maria E. �azcanc and Enriqueta Santiesteban were the defendants, ret:pectat:,. and in which you were the trial judge, did fail to pro rLv -8- note on the trial dockets or fail to re, .rs, the Court Clerk to note or. the trial dockets the name of _..:. City Prosecutor, whether sr not the City Pxosector was present, the name of the defendants' attorneys, if any, the court reporter, if any, or the witnesses at said hearings, if any. CHARGE AND SPECIFICATIONS NO. 10 M. L. REESE, as City Manager of the City of Miami, prefers against GERALD J. TOBIN, as Municipal Judge of the City of Miami, Florida, the following charge of malconduct and/or misbehavior in office, to -wit: That you, GERALD J. TOBIN, while giving a sworn statement before one of the investigators appointed by the City Manager in the investigation of Municipal Court Judges Leonard L. Levenstein and Gerald J. Tobin, did :state under oath: "I believe I had asked Guillermo to make me up a pair of cuff links -- " and said statement as above caoted is false. CHARGE AND SPECIFICATIC2S NO. 11 M. L. REESE, as City Manager of the City of Miami, ?refers against GERALD J. TOBIN, as Municipal Judge of City of Miami, Florida, the following charge of malconduct and/or misbehavior in office, to -wit: That in the Municipal Court in and for the C1t"" of Miami, Dade County, Florida, trial docket Case No. 67-5832 in which one Bonnie Willard was the defenda::t, you, GERALD J. TOBIN, we__ t:.' Municipal Judge hea - ng --- case. You, GERALD J. TG`::I :, did imp: -;se :sentence against said Bonnie Willard of 30 days ar:& a. fine of $250.00, and that there. .as filed in said case a supersedeas appeal bond in the amount of $700.00 by one Richard Slatko, a bail bondsman, and that upon the appropriate appeal in said case being dismissed you did, without requiring that the defendant Bonnie Willard be present before the court, inter a Special Order as indicated on the trial docket in the section set aside for Special Orders suspending the jail sentence on pay- ment of $250.00 fire, thereby permitting the bail bonds- man in this cause to reduce hisliability under the supersedeas bond by permitting the payment of the $250.00 fine and relieving him of the requirement to pay the 5700.00 supersedeas bond to the City of iiami for failing to present said Bonnie Willard in court for the purpose serving the jail sentence _=csed. CHARGE AND SPEC_FIo; ic_. YC. 12 M. L. REESE, as City _.u.:a der of the City of priers against GERALD J. TOBIN, as Municipal Judc_ of the City of Miami, Floric:a, the following charge of :nalconduct and/or misbeiai_or in office, to -wit: That in the Municipal Court in and for the City of Miarni, Dade County, .: Ic icia, trial docket Case No. S7-5832, in which Bonnie Willard was a defendant, you,- GERALD J. TOBIN, did find said Bonnie Willard guilty and impose a sentence of 30 c.ays in jail and a fine of 250.00, and that said ca._., wa..i; an ca1ed and a ::ur_4:.rsed;.._i c bond was posted in the amount of $700.00. The charges against Bonnie Willard having been consolidated with those of defendants Louis C. Shabarakh and Mary Ann Shabarakh for trial, appeals were taken and subsequently dismissed, and a hearing was had, predicated upon a Petition to Mitigate Sentences, attached hereto as Exhibit "D", and a Motion to Vacate Judgment and Sentence Pursuant to Rule 1.850, attached as Exhibit "E", filed in behalf of Louis C. Shabarakh and Mary Ann Shabarakh by the law office of Fred A. Jones, Jr., and you, GERALD J. TOBIN, did write, or cause to be written under the Special Orders on trial docket No. 67-5832: "Petition to Mitigate Sentence. Fred A. Jones, Attorney SPECIAL ORDER NUMBER 23237 DTD JUNE 30, 1970: Suspend jail sentence on payment of fine. See file." That there was no written petition in behalf of Bonnie Willard filed in said court, and you knew, or should have known, that said statement under Special Orders was false. CHARGE AND SPECIFICATIONS NO. 13 M. L. REESE, as City Manager of the City of Miami, prefers against GERALD J. TOBIN, as Municipal Judge of the City of Miami, Florida, the following charge of malconduct and/or misbehavior in office, to -wit: That in Municipal Court Case No. 67 -5832 in which Bonnie Willard was the defendant, in entering on the trial docket the notation as to the petition to mitigate sentence under Special Orders, you, GERALD J. TOBIN, knew or should have known that by entering said Special Order without the defendant Bonnie Willard being present in the court, that upon failure of the bail bondsman to produce the defendant in court he would have had to pay the supersedeas bond to the City of Miami in the amount of $700.00, and by your act in suspending jail sentence you did permit the bail bondsman, Richard Slatko, to pay the $250.00 fine, thereby relieving him of the obligation to pay the $700.00 supersedeas bond to the City of Miami; and, further, predicated upon the petit tions that were filed in behalf of Louis C. Shabarakh and Mary Ann Shabarakh, you, GERALD J. TOBIN, did not grant said petition but you did require the petitioners, Louis C. Shabarakh and Mary Ann Shabarakh, to serve the sentences imposed. • dr 11, NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Said charges and epecificatione herein above set forth numbered 1 to 13, inclusive,and made a part of this resolution, be and they are hereby adopted by said City Commission and preferred against the said GERALD J. TOBIN, as Municipal Judge. Section 2. That said City Commission shall sit in_. the Commission Chambers t City Hall, Dinner Key, Miami, Florida, on the /� day of /9p ri , A.D. 1972, at / d•r G o'clock /y .M. for the purpose of hearing and considering said charges and specifications and at the said time and place hear and consider evidence in support thereof, and shall hear and consider any evidence or proof offered by the said GERALD J. TOBIN in considera- tion thereof; and that the said GERALD J. TOBIN may at said time appear in person and by counsel; and that said hearing may be continued from day to day and time to time as may be required by said City Commission to hear wit- nesses, take testimony, hear the said GERALD J. TOBIN and -13- • 9 his attorney and to consider and deliberate on said charges and specifications. Section 3. That the City Cl.exk shall forthwith serve upon the said GERALD J. TOBIN, Municipal Judge, a copy of this resolution the charges and specifications as contained therein, and shall serve a notice upon the said GERALD J. TOBIN notifying him of the time and place of said hearing, which said notice shall include notifying him of the time and place of said hearing, which said notice shall include notification that he may be present in person and by counsel and may present such witnesses and such testimony as he desires at said hearing or any continuations thereof, except those when the Commission shall meet to decide amongst themselves their findings on said charges and specifications. PASSED AND ADOPTED this 16th day of March , 1972.