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SHOWDOWN AT HIGH NOON

Miami Beach City Attorneys versus Special Masters

Unexpurgated and updated version of article featured by the SunPost Weekly
Updated: 6 September 2012

By David Arthur Walters

There was a showdown at high noon on Wednesday August 22 between the City Attorneys and
the Special Masters. The feuding parties dueled before the legal oversight committee in the City
Manager’s meeting room. It was a steamy day, the only relief inside, besides the air conditioning
that failed to cool the hottest heads, was the ham sandwiches, sweets, and sodas from the Publix.
Alas, a can of Coke exploded and there was no mustard!

Special masters are city magistrates who constitute a quasi-judicial tribunal that hears and
disposes of local code enforcement cases. The special magistrate system is an alternative to
municipal code enforcement boards, relatively autonomous boards of citizens authorized by the
state legislature. It was believed that autonomous boards or tribunals would go easier on accused
code violators provided that they promptly and faithfully comply, or the violation is not grave
enough to warrant the amount of fine imposed, or the fine is too high compared to the equity in
the property at stake. In the event that special masters did not mitigate enough, City Attorney
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Jose Smith drafted an ordinance approved by the commission that allows someone in the city
manager’s office to reduce the fine if it is under $100,000, or the commission to do so if it is
$100,000 or more.

Aggrieved folks believe there has been too much mitigation or there has not been enough of it.
Statistics on the amounts of mitigation in comparison to totals fined over the last few years by
special masters, the city manager’s office, and the commission, were unavailable at press time.

I first got wind of the feud from the SunPost after the City Commission took up the City
Attorney Jose Smith’s proposal to fire Chief Special Master Abe Laeser and replace him with
Special Master Enrique Zamora, who would then fire Special Masters Joe Kaplan and Babak
Movahedi. A chief special master is appointed by the city on advice of the city attorney, and the
chief hires the others. Mr. Laeser said that a subordinate special master job was secured for him
because Mr. Zamora liked him and would keep him on as a subordinate. Mr. Zamora was not at
the meeting because he was away in Cuba handling estate cases, explained Mr. Smith, who also
hails from Cuba. Mr. Smith, in his August 22 Commission Memorandum, which was handed out
again to members of the legal oversight committee, noted that there had never been a complaint
about Mr. Zamora. He attached several complaints about the others.

A resident had accused Mr. Laeser of allowing cases to drag on and on. Another said vigilantism
against party house operators was contemplated by residents because of the delays. The president
of a condominium association complained that Mr. Kaplan was forgetful due to his age, but she
had “heard very good things about Mr. Zamora.” Unbridled rancor was reserved for Mr.
Movahedi, and it came mostly from the city lawyers, particularly Mr. Smith and his assistant,
Alexandr Boksner, and one private practitioner, who was somewhat embarrassed by a formal
investigation into his complaint.

Mr. Movahedi, an international corporate lawyer licensed to practice in the District of Columbia,
was born in Tehran and raised in the United States. He obtained his MBA from the prestigious
George Washington University, and his JD and LLM degrees from Georgetown University. He
was elected a neighborhood commissioner in D.C., where he was involved in Democratic politics
for many years, and owned and operated a famous gay bar called the Mova Lounge. He moved
to South Beach in 2007, and opened another Mova Lounge, on Michigan Avenue right off
Lincoln Road. Mayor Matti Herrera Bower appointed him to chair the Miami Beach LGBT
Business Enhancement Committee in 2008, and he was applauded by the community for leading
the city’s first Gay Pride event—he was dubbed “the Pied Piper of Miami Beach Pride.” He was
appointed special master on March 10, 2010, by Chief Special Master Abraham Laeser, who said
Mr. Movahedi had the requisite “knowledge, skills, and abilities” for the job.

Mr. Movahedi’s high education was rounded out locally when his lounge was cited for a dozen
violations during an annual fire inspection. He protested that different inspectors had not cited
him for the same conditions on previous visits, complained of inconsistent inspection reports and
misinterpretations of law, and threatened to take the matter to court. The inspector tried to
appease him, telling him that positive improvements had been made to the inspection process
including better training, but he was not satisfied. Fire Marshall Sonia F. Machan interviewed
him and found him “very agitated and frustrated, but respectful.”
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To provide our coverage of the showdown between the city attorneys and special masters with
better balance, we contacted Mr. Movahedi’s archrival, Alexandr Boksner, and asked him about
the legal pretext he had referred to during the meeting for his dispute. We also made a suggestion
for improving the system, and asked him for some biographical information since his bio was the
only one missing on the city attorney’s web pages:

“Alex, at the special master oversight meeting yesterday, you mentioned a case you had found
giving a judicial opinion on the constitutional powers of the special master alternative to the code
enforcement board. Would you please email me a copy of the full text of that case? Mind you
that I do not access to a good legal research mechanism. I would really like to know if the special
masters are real judges sitting in a real tribunal. For what it's worth, I noticed some time ago that
an information sheet handed out with a violation notice stated that defenses can be made at law
and in equity, so I supposed equitable estoppel would be included as an "it's not fair" defense.
However, I also noticed that the information sheet differed from the municipal code provisions in
some respects. And I noticed from a file in hand that the technical constructive notice provisions,
which seem to follow the state statute, does not seem to be followed carefully—if they were, it
was not evidenced in the file.

“My take on the technical discussions at the meeting is that the city attorney office in
collaboration with special masters and clerks should sit down with the statutes and ordinances
and documents and describe the correct process to follow in detail, with examples of course, and
make sure that everyone is crystal clear about the right way to do things technically speaking. In
other words, rewrite the manual to accord with the law.

“I personally do not think anyone has to be fired to resolve the human nature issue. Spaniards
became extraordinarily courteous to one another after their Civil War.

“By the way, may I also have a copy of your biography? I do not see one on the City Attorney
Office's page.

“Thanks!”

Mr. Smith replied in his stead, stating that:

“Mr. Boksner will not provide you with legal advice or discuss legal theories. As a former State
prosecutor and Police Legal Advisor, his biography and other personal information is exempt
from public disclosure. And for your edification, special masters are neither judges nor
magistrates. They only have the authority granted by Chapter 30 of the city code.”

Since we had had previous difficulties obtaining public records from the city attorney, we
checked with City Clerk Rafael Granado about Mr. Smith’s refusal, only to find that public
records law only precludes information of the type that would never appear on any city
attorney’s web page anyway. Since permitted biographical information was not forthcoming, we
turned to the Internet, to discover that Mr. Boksner lived in Surfside, Florida, where the day after
the legal oversight meeting, on August 23, proceeding at 10:00 AM, he was scheduled to preside
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as a “special magistrate” himself, for “10 cases pertaining to Town of Surfside Code Of
Ordinances.” A subsequent review of his outside employment reports filed with the City of
Miami Beach this year reveals that he anticipated four hearings each year as Surfside special
master, and that he is also employed by the City of Coral Gables, by and through the Coral
Gables Police Department, handling legal work from his home in respect to a half-dozen
forfeiture cases each year. On May 15 he stated that his outside employment would continue
until further notice, would not conflict with his employment at the City of the Miami Beach nor
interfere with his hours of employment there.

We also found that Mr. Boksner had applied for a job with Osceola County on May 5. His
published application listed Mr. Smith as a reference as well as Miami Beach Commissioner
Jonah Wolfson, whom he stated he had known since 2001. He graduated from the Toledo
College of Law that year, after obtaining his AA degree from Ohio’s Cuyahoga Community
College and his BA from University of Cincinnati. He obtained a license to practice from the
Florida Bar in 2001, and, according to his Linked In page, worked as assistant state attorney in
Miami-Dade County for three years, until August 2004. That job was not listed on the Osceola
application, which starts with his employment in February 2005 as assistant attorney with
Charlotte County, leaving there in December 2008 at a monthly salary of $7,291, for a job as
chief assistant county attorney for Marion County until March 2009, at an ending salary of
$7,916. He took a job with the City of Miami Beach that month, and his 2011 job application
with Osceola County shows his Miami Beach salary to be $9,167. His application also lists a
Tennessee license to practice law, and states that he speaks Russian fluently.

Mr. Smith, by the way, received his BA from the University of Florida in 1971, and his JD from
same in 1973. He was engaged in the private practice of law with two firms from 1983 to 2006,
also serving as Miami Beach commissioner 1997 to 2005, and was appointed city attorney in
2006.

Now the attorneys and judges were ganged up at opposite ends of the conference table at the
legal oversight conference. The SunPost had mentioned “bad blood” between the city attorney’s
office and Judge Movahedi. It was indeed evident that Mssrs. Movahedi’s and Boksner’s blood
was at the boiling point.

Mr. Laeser maintained judicial decorum: he was quite reserved and reasonable, reining in Mr.
Movahedi, who was as girded for battle as Mr. Boksner. Mr. Laeser, who also practices privately
and is currently an adjunct professor of trial advocacy at the University of Miami, obtained his
BA in History from Christian Brothers College in 1969, his JD from the University of Miami in
1973. He was senior trial counsel, assistant state attorney from 1973 to 2009, prosecuting capital
felonies, with emphasis on high profile cases, homicides of police officers, and multi-murder
defendants.

Mr. Kaplan was calm and remote except when he shouted “liar” a couple of times—the lawyers
on the other end of the table threatened to produce transcripts.

The affair reminded me of the Hatfield and McCoy dispute over the ownership of a McCoy pig
that had wandered onto Hatfield land, where the Hatfields laid claim to it. Of course the famous
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Hatfield and McCoy trial was really not about the pig, but was about the relative dignity and
honor of the feuding families that wanted justice, i.e. vengeance. They were divided by Big Fork,
a tributary of the Big Sandy River. This reporter can certainly understand Irish ire since he is
remotely related to the Hatfields, not to mention kings and traitors.

The city attorneys and special masters were divided by the conference table instead of a creek,
and they had more than one pre-textual pig. The pigs in the poke were named Statute of
Limitations, Discovery, Ordering Inspections, and Equitable Estoppel.

Someone mentioned that a special master had ruled that the city should not be able to take
current action on a violation that had occurred many years ago unless that violation put the
public in danger.

Even worse, Judge Movahedi believed that due process should allow a defendant to discover
whatever information the city might have that would help his case. But the law implementing the
special master agency states that the Florida Rules of Civil Procedure governing discovery did
not apply to it—yet the statute was silent on what sort of discovery could be ordered by the
quasi-judicial agency. Assistant City Attorney Rhonda Montoya Hasan sympathized with the
judge’s wish for adequate due process, but the means to it remained a point of contention. She
suggested making public records requests. Ms. Montoya Hasan, incidentally, has been practicing
law with the city since 1997. She holds a BA degree from Duke University, and received her JD
from the University of Miami in 1996.

Furthermore, Mr. Movahedi had dared to “order” an inspection of structural damage to see if it
endangered the public, when he should have merely “requested” it because he had no state
statutory authority to order a building inspector to do anything at all. However, although the
transcript did have Mr. Movahedi “ordering” an inspection, his order was really a “request,” as
we can see from John Austin’s Lectures on Jurisprudence, which aptly drew the semantical
difference between and order and a request long ago: “A command is distinguished from other
significations of desire, not by the style in which the desire is signified, but bv the power and the
purpose of the party commanding to inflict an evil or pain in case the desire be disregarded. If
you cannot or will not harm me in case I comply not with your wish, the expression of your wish
is not a command, although you utter your wish in imperative phrase.”

Equitable Estoppel was the fattest of all the rather bony pigs in the poke. A government can be
stopped from penalizing someone who relies on its word or conduct that there would be no
penalty in that situation. To do otherwise would be inequitable or unfair.

There are several received forms of equity. The classic example of the difference between law
and equity was given by Blackstone: the law states that the last man on board a capsized vessel
had salvage rights, but if the man was last because he was asleep in his bunk, he should not have
those rights. There used to be separate equity courts, but now courts can consider equitable
principles as well as the strict law. The city’s Notice to Violators – Late Compliance’
instructions state that “Legal or Equitable reasons” may be presented in the Special Master court.

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Judge Movahedi had a case before him involving the purchase of property with the
understanding that the city had allowed or would allow parking on the property, but the city
apparently did an about face after the property was purchased, and went after the new owner.
Judge Movahedi asked a city attorney for pertinent case law on the subject, was presented with
same, and then stopped the city from making good on its claim.

That ruling rankled Mr. Smith, who stated in a June 12 email that “This ruling is erroneous and
must be appealed forthwith. The notion of ‘equitable estoppel’ is JUDICIAL remedy, and not the
purview of a Special Master. There is either a violation or not. The Special Master exceeded his
authority. Abe, I’ve had enough of this nonsense!”

To the best of our knowledge at press time, the judge’s estoppel ruling was not appealed despite
the continued insistence that it was illegal.

As far as the city attorney and his staff are concerned, code enforcement tribunals are not even a
court although we noticed a higher court referring to them as trial courts. Questions of equity, the
city attorneys believe, can only be decided on appeal to a real court, in this situation a circuit
court. Again, Mr., Smith insists that “special masters are neither judges nor magistrates.” The
special masters doubtless disagree despite their “quasi-judicial” status, and feel their tribunal
should be independent of the executive and legislature to a certain extent. In response to further
inquiry, Mr. Smith acknowledged that the special master ordinance can be repealed without
referendum and the city be rid of the special master agency forever.

We recall President Jefferson’s effort to smother the fledgling Supreme Court in its crib,
conspiring to impeach judges for political reasons, although there was admittedly afoot mental
infirmities, judicial errors, and moral turpitude, including a great deal of liquor to boot. Of course
an analogy with the special master court would fail here if it is unconstitutional.

Given that there are two sides to this ongoing feud, one might wonder why the Commission
should not consider replacing the city attorney and his staff instead of the special masters. It
appears that the case presented to the commissioners was stacked against the special masters.
The little “book” of complaints that the city attorney threw at the special masters included a letter
from an attorney, Martin Wasserman, lauding him as “an honorable, excellent attorney and
leader of our legal department,” with “a keen sense of direction that is in the best interests of the
city.”And, he said that Mr. Zamora, the city attorney’s choice for chief special master, “is an
excellent attorney, very highly regarded by the Probate Judges, and would be a credit to the
City.”

Mr. Smith included another letter from an attorney, one Raul Morales, who said that he had
attended his first hearing before Mr. Movahedi, where he discovered that he lacked
professionalism, common courtesy, respect, and class, that he was aggressive, condescending,
and downright rude, noting that he did not even have a license to practice law in Florida. A
subsequent investigation that included listening to the recording of the hearing found that “there
is no discernible evidence of any change of vocal tone, argumentative speech, or inflections
reflecting any improper disagreement.” In fact there was “no indication of bad feelings between
any persons.” Mr. Morales “admitted that no bad language or insulting words were used.” In
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fine, Mr. Morales, who regretted that his complaint had resulted in a formal investigation, had
regretfully misjudged the judge’s mannerisms, his rapid speech, his way of leaning forward, and
the like.

Although ethnic differences and cultural values are being discussed as a legitimate concern
during the current presidential campaign, we might risk being politically incorrect to say that
Babak Movahedi was misperceived because of his energetic temperament, partly due to his
physiognomy, as well as his cultural background, which includes hatred for grand ayatollah
lawyers, and compare his temper to the stereotypically fiery Latin temper, and the stereotypical
aloofness of Jewish intellectuals. We certainly do not wish to aggravate the bad blood and
groundless hatred of the human race itself here with an elaboration of the issues including
original sin and the conduct of Abel and Cain.

Ms. Montoya-Hasan said the situation had become so troubling that certain cases were being
reassigned to other special masters. Of course, selecting compatible judges is nothing new to the
legal profession.

Mr. Movahedi was most incensed by a statement that Mr. Boksner had made in open court, to the
effect that he had no right to interpret Florida law because he did not even have a license to
practice in this state. Mr. Boksner replied that he was simply making the objection as a ground
for appeal. Furthermore, he did not appreciate Mr. Movahedi acting like a circuit court judge.

“The special master is supposed to apply the facts to the law,” Mr. Boksner said.

“My job is to apply the law to the facts,” Mr. Movahedi retorted.

Commissioner Ed Tobin, who acted as a reasonable arbiter, said that Mr. Boksner’s comment
about licensing was out of line because a special master does not have to have a Florida license
or any license at all for that matter. Commissioner Tobin is a former prosecutor and a recent
graduate from the police academy. He observed that Mr. Boksner was an aggressive prosecutor
making his case, perhaps too aggressively. Anyway, he said, he did not see why he should have
to dismiss a special master simply because the city attorney disagreed with him.

“Babak is raising the bar,” he said, and should be valued for that.

Mayor Bower, from the very beginning of the committee meeting, noting that the disputes were
about a small number of cases, viewed the matter as a personality clash. She was tired of the
lawyerlike quibbling. It was an HR issue rather than a legal one. She advised the disputants to
have more respect for one another.

Mr. Boksner then held his peace. However, as the meeting adjourned, a duel nearly broke out
between Mr. Smith and Mr. Movahedi.

“You are not a circuit judge,” Mr. Smith said. “You cannot legislate! You must abide by the
law.”

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“That is what I did! You, sir, have an opinion on what the law is, but that is not necessarily
correct. If you do not like a ruling, then you can appeal.”

Lacking seconds for the fray, the imminent duel was quashed, leaving a Mexican Standoff.

# #







MIAMI'I!Dr'l
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SOURCE OF INCOME STATEMENT
Please Print or Type First Name Middle Name Initial Last Name
Name:
Mailing Address:
City/State/Zip:
Disclosure
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If your home address is exempt from public records pursuant to X
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Florida Statutes § 119.07 please check here (read Instructions): Work Telephone: ifi/7 lV sl. -(
Home Address:
Street Address
City State Zip Code
Please list below in descending order with the largest source first! the name! address and
principal business activity of every source of your income including public salary you
received or any person received for your benefit or use during the disclosure period. The
income of your spouse or any business partner need not be disclosed. If continued on a
separate sheet! check here: D
aforesaid information is a true and correct statement.
OFFICE OF THE CITY ATIORNEY
JOSE SMITH, CITY ATIORNEY MEMORANDUM
TO: Jose Smith
City Attorney
FROM: Aleksandr Boksner
Senior Assistant City Attorney
SUBJECT: Outside Employment
DATE: May 15, 2012
l wanted to memorialize our previous conversation regarding my outside employment
with the City of Coral Gables, by and through the Coral Gables Police Department,
regarding those forfeiture proceedings initiated pursuant to the Florida Contraband
Forfeiture Act. In that regard, the Coral Gables Police Department has approximately
four (4) to Six (6) forfeiture cases per year, and any legal work associated with these
forfeitures will be accomplished from my residential address.
Additional, I have been appointed by the Town of Surfside as one of its Special Masters,
which will hear various code violations issued by the Town of Surfside. In consideration
of the volume of code cases and the appointment of three (3) other Special Masters
serving the Town of Surfside, it is anticipated that I will only preside over three (3) to
four (4) code enforcement hearings per year.
This outside employment will not be a conflict of interest with the City of Miami Beach.
Further, the hours associated with this outside employment shall not interfere with my
employment with the City of Miami Beach.
This outside employment shall continue until further notice.
Thank you.



TOWN OF SURFSIDE

SPECIAL MASTER HEARING AGENDA
Thursday, August 23, 2012
10:00am

Commission Chambers
9293 Harding Avenue
Surfside, Florida 33154




1. Opening

A. Call to Order

Special Magistrate: Aleksandr Boksner

Staff Support: Joe Damien, Code Compliance Director
Sarah Johnston, Counsel for the Town

B. Action Items: 10 cases pertaining to Town of Surfside Code Of Ordinances

Special Master Case # SM1200014
Property Address: 9544 Harding Avenue
Named Violator: Cine Citta Café I, LLC and/or 9544 Corporation
Violation Summary: Resort Tax (Non-payment of Tax, Penalties & Interest)
Type: Appeal / Judgment and Lien
Department Violation # (CE) 12-58
Inspector: Joe Damien

Special Master Case # SM1200015
Property Address: 9472 Harding Avenue
Named Violator: Food Gang LLC and/or F & T Real Property, LLC
Violation Summary: Resort Tax (Non-payment of Tax, Penalties & Interest)
Type: Appeal / Judgment and Lien
Department Violation # (CE) 12-57
Inspector: Joe Damien




SPECIAL MASTER HEARING AGENDA
Thursday, August 23, 2012, 10:00am
Page 2 of 3


Special Master Case # SM1200016
Property Address: 9440 Bay Drive
Named Violator: Ursula Hoeber De Lopez-Avila
Violation Summary: Property Maintenance (Exterior)
Type: Judgment and Lien
Department Violation # (CE) 11-152
Inspector: Joe Damien

Special Master Case # SM1200017
Property Address: 9040 Collins Avenue
Named Violator: 9040 Collins Ave, LLC (Yasmina Surfside, LLC)
Violation Summary: Property maintenance (minimum housing, interior/exterior)
Type: Judgment and Lien
Department Violation # (CE) 12-05
Inspector: Joe Damien

Special Master Case # SM1200018
Property Address: 9459 Harding Avenue
Named Violator: Moncheese Pizza Corp.
Violation Summary: Certificate of Use (failure to obtain appropriate CU)
Type: Judgment and Lien
Department Violation # (CC) 12-03
Inspector: Joe Damien

Special Master Case # SM1200019
Property Address: 9459 Harding Avenue
Named Violator: Moncheese Pizza Corp.
Violation Summary:Local Business Tax Receipt(Appropriate LBTR not obtained)
Type: Judgment and Lien
Department Violation # (CC) 12-04
Inspector: Joe Damien

Special Master Case # SM1200020
Property Address: 1413 Biscaya Drive
Named Violator: Mario A. Arber Revocable Living Trust
Violation Summary: Property Maintenance (Deteriorated Dock and Roof)
Type: Judgment and Lien
Department Violation # (CE) 12-49
Inspector: Joe Damien

Special Master Case # SM1200021
Property Address: 9364 Bay Drive
Named Violator: Gabriel Reboh and Nathalie Cohen
Violation Summary:Property Maintenance (Fallen Fence/Vegetation Overgrowth)
Type: Judgment and Lien
Department Violation # (CE) 12-53
Inspector: Joe Damien
SPECIAL MASTER HEARING AGENDA
Thursday, August 23, 2012, 10:00am
Page 3 of 3


Special Master Case # SM1200022
Property Address: 9265 Carlyle Avenue
Named Violator: Wilfredo and Barbara Montejo
Violation Summary: Property Maintenance (Hedge Overgrowth/Encroachment)
Type: Judgment and Lien
Department Violation # (CE) 12-61
Inspector: Joe Damien

Special Master Case # SM1200023
Property Address: 9500 Harding Avenue
Named Violator: Emil Franc, Inc. / Shilldev (US) Inc.
Violation Summary: Failure to Obtain Permit (Air-Conditioner Installation)
Type: Judgment and Lien
Department Violation # (CE) 12-47
Inspector: Joe Damien

Special Master Case # SM1200007
Property Address: 9435 Harding Avenue, Surfside, FL 33154
Named Violator: Vittorium Enterprises, LLC
Violation Summary: Failure to obtain a Certificate of Use and/or License (LBTR)
Type: Mitigation of Fines
Department Violation # (CE) 12-22
Inspector: Joe Damien

Special Master Case # SM1200002
Property Address: 9472 Harding Avenue
Named Violator: Food Gang, LLC d/b/a Cine Citta
Violation Summary:Property maintenance (failure to maintain awning/electrical)
Type: Judgment and Lien (Progress Report)
Department Violation # (CC) 12-25
Inspector: Joe Damien


2. Adjournment
+
Non-English speaking alleged violators: The code compliance division cannot guarantee the
availability of a translator for the hearing scheduled of this notice. Nor can the division
guarantee the accuracy of any translation should a translator be provided for you. Therefore, it is
recommended that you make arrangements to bring your own translator to the hearing.

Americans with disabilities Act of 1990: Persons needing special accommodation to participate
in these proceedings should contact the Town Manager no later than 5 calendar days prior to the
proceedings at (305)861-4863. TDD users, please phone via the Florida Relay Service at 1-800-
955-8771.
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4 September 2012

Rafael E. Granado
City Clerk
CITY OF MIAMI BEACH
1700 Convention Center Drive
Miami Beach, FL 33139
Email: rgranado@miamibeachfl.gov
Email: researchrequest@miamibeachfl.gov

REQUEST: Alexandr Boksner’s Annual Outside Employment Report

Dear Mr. Granado:

Good Day, Sir. I hope you had a pleasant Labor Day!

This is a public records request brought under Title I Section 24 of the Constitution of the State
of Florida and Chapter 119 Fla. Stat. for the latest July 1 Annual Outside Employment Report of
Senior Assistant City Attorney Alexandr Boksner, as required, if I am not mistaken, by Miami
Dade County Ordinance Sec. 2-11.1 The Conflict of Interest and Code of Ethics Ordinance
(below). He also serves the town of Surfside as Special Magistrate, according to a recently
published Special Master Agenda (attached). No doubt everything is in good order, but I want to
show the evidence to whom it concerns.

Your predecessor often extended to me the common courtesy of providing small amounts of
information free of charge, via email to save me the long walk in the hot Sun to City Hall. I hope
you will continue to do so even though the city’s representative apparently considers me as an
enemy of the state, or traitor who has “attacked the city,” despite the fact that my recent pro bono
efforts to help the city have saved the city tens of thousands of dollars. The consequences to me
thus far have been considerable expenses, hearsay about personal threats, and a libelous per se
statement to a prominent local editor.

Sincerely,

David Arthur Walters

CC Joe Centorino, Director
Miami Dade County Commission on Ethics and Public Trust
Re: Public Disclosure Law
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“Mr. Walters: As a former State prosecutor and Police Legal Advisor, his biography and other
personal information is exempt from public disclosure.” Jose Smith (August 23, 2012)

“Mr. Boksner, May I have a copy of your biography? I do not see one on the City Attorney
Office’s Page.” David Arthur Walters (August 23, 2012)


Mr.  Walters.  Did  you  see  the  Dade  ethics  committee  (Mr.  Centorino)  come  to  the  podium  to 
make  their  sales  pitch  to  commissioners  to  spend  $45k  on  an  ethics  class  for  city  employees? 
Tobin was sarcastic, he said something like, how am I to trust you to train our employees when 
I called you to report an ethics violation and you said you could not investigate, you said I had 
to  do  the  investigation,  and  that  I  had  to  prove  what  I  am  reporting  by  providing  pictures  of 
what I saw. Tobin said, "So I should have taken off my job and investigated the case for you?” 
 
“Bide the time and sharpen a stake, being careful not to awaken the one‐eyed monster until it is 
ready, and we shall have the sheep anon.” Nobody 

 

Sec. 2-11.1 The Conflict of Interest and Code of Ethics Ordinance

(k) Prohibition on outside employment.

(1) No person included in the terms defined in Subsections (b)(5) [departmental personnel] and (6)
[employees] shall receive any compensation for his or her services as an officer or employee of the County,
from any source other than the County except as may be permitted by Section 2-11 of this Code of
Ordinances.

(2) All full-time County and municipal employees engaged in any outside employment for any person, firm,
corporation or entity other than Miami-Dade County, or the respective municipality, or any of their agencies
or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment,
the nature of the work being done pursuant to same and any amount or types of money or other
consideration received by the employee from said outside employment. Said County employee's reports
shall be filed with the supervisor of elections no later than 12:00 noon on July 1st of each year, including
the July 1st following the last year that person held such employment. Municipal employee reports shall be
filed with the clerk of their respective municipalities. Said reports shall be available at a reasonable time
and place for inspection by the public. The County Manager or any city manager may require monthly
reports from individual employees or groups of employees for good cause.




Applicant Name:
Position TItle:
Applicant Qualifications Checklist
A1eksandr Boksner
County Attorney
Minimum Qualifications:
Juris Doctor; membership and license to practice lawthrough the Florida State Bar Association, supplemented by
seven (7) to ten (10) years progressively knowledgeable, responsible, and skilled experience practicing lawwithin
the State of Florida, to include four (4) years within a supervlsoryllead capacity; or any equivalent combination of
training and experience. Experience in a Government setting preferred. Must possess and maintain a valid FL
driver's license.
Related Experience Supervisory Experience Education Veteran
1-3yrs
D
Yes
[l]
Associates
0
Yes
0
4-7yrs
[l]
No
0
Bachelors
[l] No [lJ
8-12yrs
D
Masters
D
13 +yrs
D
other:
J.D_
Florida Bar
Supreme Court of Tennessee
Notes:
Government related experience.
Proceed with Interview
HR March 2011
Yes D No D
JobApps for position: PS101136 Page 1 of4
Aleksandr Boksner
EEO Page Included Below
Application Information
Full Name Aleksandr Boksner
Job Number PS101136
Date of Application 05-05-2011 08:41 AM
Account Name
Job Title
Department
Aleksandr Boksner
COUNTY ATIORNEV
COUNTY ATIORNEV
Qualification Essay
I provide legal representation to the Miami Beach Commissioners, the aty Manager and City Departments
pertaining to its general liability, civil litigation, criminal statutory interpretation, application and procedures and
land use litigation as it pertains to the governmental operations of the City of Miami Beach.
I have litigated In federal and state courts on behalf of Charlotte and Marion Counties, and the City of Miami
Beach for violations of the U. S. Constitution and Florida Constitution, In conjunction with the defense of
statutory causes of action under Section 70.001 of the Florida Statutes known as the Bert J. Harris, Jr. Private
Property Rights Protection Act, Section 768.28 of the Florida Statutes pertaining to the State of Florida's waiver
of sovereign immunity. I have drafted and examined proposed resolutions for execution by the Miami Beach
Commissioners, and provide legal counsel on a full spectrum of governmental Issues whIch impact the CIty of
Miami Beach.
Personal Information
Full Name
Home Address
Aleksandr Boksner
9148 Byron Avenue
Phone Number: 305-216-6258
Surfside, FL (US) 33154
Email
Employment Dates:
03/2009 - Present
Zip Code:
33139
Monthly Earnings:
9166.67
YES
NO
NO
Position:
Senior Assistant City Attorney
City, State:
Miam[ Beach, FL
Immediate Supervisor:
Jose Smith
Employment History
we contact your current employer?
Have you ever been employed by Osceola County?
Have you ever been discharged or terminated from employment?
Have you ever resigned/quit after being Informed that your employer NO
intended to discharge/fire you?
Firm Name:
City of MiamI Beach
Address:
1700 Convention Center Drive
Telephone:
305-673-7470
Duties:
ProvIde legal counsel to the Miami Beach City Commissioners, City Administrator; and Department DIrectors in
reference to Issues pertaining to governmental liability, State of Florida public records, contract Interpretation,
ordinance drafting and disputes, land use, franchise agreements and fees. PrOVide contract review for
compliance with the City of Miami Beach procurement code, In conjunction with the negotiation of various
public/private contracts within the City of Miami Beach. Supervise and prosecute Violations of the City of Miami
Beach Code under the special master code enforcement procedure. Serve as the Pollee Legal Advisor to the
Miami Beach Police Department. Defend the City of Miami Beach in crvrllitigation surrounding land use
dedsions, developmental regulations, orders and interpretations. Handle forfeiture proceedings under the
Florida Contraband Forfeiture Act for the City of Coral Gables and the City of Miami Beach.
Firm Name: position: Employment Dates:
Marlon County, Florida Chief Assistant County Attorney 12/08 - 03/2009
Address: City, State: 'Zip Code:
601 SE 25th Avenue Ocala, FL 34471
Telephone: Immediate Supervisor: Monthly Earnings:
352-438-2330 Thomas Wright 7916.67
Duties:
Legal counsel to the Marion County Board of County Commissioners, County Administrator, and Department
http://archive.osceola.orglrnanager/index.cfin?lsFuses=PODuo/JobAonIReoOti/dsn.1ohAnn&
'l/'i1?01 1
JobApps for position: PSI01136 Page 2 of4
Bureau Chiefs, Directors and county staff in reference to Issues pertaining to sunshine and Public records law,
sovereign Immunity, govemmentalliability, contract interpretation, ordinance Drafting and disputes, Marion
County ordinances, land use, and Civil litigation. Legal counsel to the Development Review Committee, Board of
Zoning Appeals and Board of Adjustments. Defended the Marlon County government and It various
departments in civil lawsuits arising from contract disputes, foreclosures, land use, and torts. Supervised the
prosecution of Marion County ordinance violations In accordance with Florida statutory law pursuant to Section
162 of the Florida Statutes. Attend, prepared and conducted depositions of party and non-party witnesses.
Supervised the legal Support staff, and formulated budget expenditures for the Office of the County Attorney.
Firm Name: Position: Employment Dates:
Charlotte County, F10rlda AssIstant County Attorney 02/2005 - 12/2009
Address: City, State: Zip Code:
18500 Murdock Circle, Room #573 Port Charlotte, FL 33948
Telephone: Immediate Supervisor: Monthly Earnings:
941-743-1330 Janette Knowlton 7291.67
Duties:
Provide legal counsel to the Charlotte County Board of County Commissioners, County Administrator, and
Department Directors In reference to Issues pertaining to sovereign immunity, govemmentalliabllity, civil
rights Violations under § 1983, contract negotiation and drafting, ordinance drafting and disputes, Charlotte
County ordinances, land use, and civil litigation. Defend the Charlotte County govemment and Its various
departments in dvll lawsuits arising from contract disputes, bankruptcy, foreclosures, copyright Infringement,
land use, and torts. Prosecute Charlotte County ordinance violations In accordance with Florida statutory law.
Attend, prepare and conduct deposItions of party and non-party witnesses. Investigate individual claIms filed
pursuant to the State of Florida's waiver of sovereign Immunity. Conduct complex legal research on various
governmental issues and draft corresponding motions.
Education History
Type(s) of School Completed.
School History
School Name:
University of Toledo College of Law
SChool Name:
University of Onclnnati
School Name:
Cuyahoga Community College
City, State:
Toledo OH
City, State:
Cindnnatl OH
City, state:
Parma OH
Doctorates
Dates Attended:
08/1998 to OS/2001
Dates Attended:
08/1996 to 06/1998
Dates Attended:
08/1994 to 06/1996
Major:
law
Major:
Psychology/Law
Major:
Psychology/law
Degree:
J.D.
Degree:
B.A.
Degree:
A.A.
Professional Licenses, Certifications and Organizational Memberships
Agency or Organization Name: Type: Field: Number: Expiration:
The Florida Bar Law License Law 0526827 N/A
Agency or Organization Name: Type: Field: Number: Expiration:
Supreme Court of Tennessee Law License Law 027682 N/A
List and Describe any Computer I Software I Typing skills I Experience you have that relates to this
position
Proficient In Windows 98, WordPerfect, Excel, Power PoInt and Intemet
List any other languages other than EngUsh you can fluently read and speak
Russian - Speak
List any Licenses & Certifications you have
Have you ever relinquished a certification or license NO
in any state for any profession?
Veteran"s Preference
Are you claiming Veteran's
Preference?
other Information
Driver's License Info
License Class: E
NO
Other: Operator Valid: YES
http://archive.osceola.orgimanager/index.cfm?lsFuses=Popup/JobApp/ReportJdspJobApp&... 5/5/2011
JobApps for position: PSI01l36 Page 3 of4
Have you ever legally changed your name (other than by marriage)? No
Are you related to anyone currently working for Osceola County? No
Have you ever been convicted or plead Nolo Contendere to a crime? Yes
Please Explain In 1992, I pleaded to, and was convicted for Driving While Ucense Suspended in the State of
Ohio.
Emergency Contact
Name Relationship Phone
Karen Boksner Spouse 3 0 5 ~ 9 9 2 - 4 9 3 5
Address: 9148 Byron Avenue, Surfside, Florlda 33154
References
Reference 1
COMMISSIONER JONAH WOLFSON
1700 Convention Center Drive
Reference 2
CITY ATIORNEY JOSE SMITH
1700 Convention Center Drive
Reference 3
THOMAS L WRIGHT - DIstrict One Chief Counsel, F.D
P.O. Box 1249
305-673-7102
Miami Beach, FL
305-673-7470
Miami Beach, FL
863-519-2623
Bartow, FL
Years Known: 10
33139
Years Known: 2
33139
Years Known: 6
33831
http://archive.osceola.org/manager/index.cfm?lsFuses=Popup/JobApplReportldspJobApp&... 5/5/2011
MIAMI MIRROR – TRUE REFLECTIONS 

Page 1 of 4


IS ALEX A SECRET AGENT, HIS IDENTITY A STATE SECRET?

David Arthur Walters <miamimirror@gmail.com>
________________________________________

Alexandr Boksner Biographical Secrets Are Displayed by The Florida Bar
________________________________________

David Arthur Walters <miamimirror@gmail.com> Thu, Aug 30, 2012 at 11:38 AM
To: "Granado, Rafael" <RafaelGranado@miamibeachfl.gov>
Cc: "Kenneth L. Marvin" <kmarvin@flabar.org>, Matti Bower Bower
<mayorbower@miamibeachfl.gov>, "Tobin, Ed" <EdTobin@miamibeachfl.gov>,
"Centorino, Joseph (COE)" <CENTORI@miamidade.gov>
Mr. Granado,

Mr. Smith has implied that Mr. Boksner's identity is a state secret as if he were some sort
of state police officer. The Florida Bar has displayed some biographical information on
its website, so perhaps it should be advised to remove it; therefore I am alerting the Bar.
Is the City's personnel file on him locked tight?

David Arthur Walters



Smith, Jose
Aug 23 (7 days ago)
to Aleksandr, Ed, me, alexboksner, Matti

Mr. Walters:

Mr. Boksner will not provide you with legal advice or discuss legal theories. As a former
State prosecutor and Police Legal Advisor, his biography and other personal information
is exempt from public disclosure. And for your edification, special masters are neither
judges nor magistrates. They only have the authority granted by Chapter 30 of the city
code.



David Arthur Walters miamimirror@gmail.com
Aug 23 (7 days ago)
to alexboksner, aboksner, Jose, Ed, Matti

Alex,

MIAMI MIRROR – TRUE REFLECTIONS 

Page 2 of 4

At the special master oversight meeting yesterday, you mentioned a case you had found
giving a judicial opinion on the constitutional power's of the special master alternative to
the code enforcement board. Would you please email me a copy of the full text of that
case? Mind you that I do not access to a good legal research mechanism.

I would really like to know if the special masters are real judges sitting in a real tribunal.

For what it's worth, I noticed some time ago that an information sheet handed out with a
violation notice stated that defenses can be made at law and in equity, so I supposed
equitable estoppel would be included as an "it's not fair" defense. However, I also noticed
that the information sheet differed from the municipal code provisions in some respects.
And I noticed from a file in hand that the technical constructive notice provisions, which
seem to follow the state statute, do not seem to be followed carefully -- if they were, it
was not evidenced in the file. My take on the technical discussions at the meeting is that
the city attorney office in collaboration with special masters and clerks should sit down
with the statutes and ordinances and documents and describe the correct process to follow
in detail, with examples of course, and make sure that everyone is crystal clear about the
right way to do things technically speaking. In other words, rewrite the manual to accord
with the law.

I personally do not think anyone has to be fired to resolve the human nature issue.
Spaniards became extraordinarily courteous to one another after their Civil War.

By the way, may I also have a copy of your biography? I do not see one on the City
Attorney Office's page.

Thanks!



FROM FLORIDA BAR WEBSITE

Aleksandr Boksner

Member in Good Standing
Eligible to practice in Florida

ID Number: - 526827
Address:
Office of the City Attorney
1700 Convention Center Dr
Miami Beach, Florida 331391819
United States
County:
Miami-Dade

MIAMI MIRROR – TRUE REFLECTIONS 

Page 3 of 4

Circuit:
11

Admitted:
10/18/2001

Sections:
Government Lawyer

10-Year Discipline History
None

Law School:
The University of Toledo College of Law

Occupation:
Government attorney

Federal Courts:
U.S. District Court, Middle District of Florida
Florida Middle District Bankruptcy Court

State Courts:
Florida
Tennessee



Granado, Rafael <RafaelGranado@miamibeachfl.gov> Thu, Aug 30, 2012 at 2:32
PM
To: David Arthur Walters <miamimirror@gmail.com>
Cc: "Kenneth L. Marvin" <kmarvin@flabar.org>, "Bower, Matti H."
<MayorBower@miamibeachfl.gov>, "Tobin, Ed" <EdTobin@miamibeachfl.gov>,
"Centorino, Joseph (COE)" <CENTORI@miamidade.gov>, "Smith, Jose"
<JoseSmith@miamibeachfl.gov>, "Inguanzo, Ramiro"
<RamiroInguanzo@miamibeachfl.gov>

Good afternoon Mr. Walters,

Pursuant to Florida Statutes Section 119.071(4)(d)1.d., the following information is
exempt for current or former state attorneys , assistant state attorneys, statewide
prosecutors, or assistant statewide prosecutors:

1. Home addresses, telephone numbers, and photographs; and
MIAMI MIRROR – TRUE REFLECTIONS 

Page 4 of 4

2. Home addresses, telephone numbers, photographs, and places of employment of
the spouses and children of such personnel; and the names and locations of schools and
day care facilities attended by the children of such personnel.

Regards,
MIAMIBEACH
Rafael E. Granado, City Clerk
CITY CLERK'S OFFICE
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7411 www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work
and play in our vibrant, tropical, historic community.



David Arthur Walters <miamimirror@gmail.com> Thu, Aug 30, 2012 at 4:10 PM
To: "Granado, Rafael" <RafaelGranado@miamibeachfl.gov>
Cc: "Kenneth L. Marvin" <kmarvin@flabar.org>, "Bower, Matti H."
<MayorBower@miamibeachfl.gov>, "Tobin, Ed" <EdTobin@miamibeachfl.gov>,
"Centorino, Joseph (COE)" <CENTORI@miamidade.gov>, "Smith, Jose"
<JoseSmith@miamibeachfl.gov>, "Inguanzo, Ramiro"
<RamiroInguanzo@miamibeachfl.gov>

Rafael. Thank you. Gee I just asked for the info other city attorneys
have on the city attorney webpage but as you can see counsel declined.
Is he violating the public records act? David



NO RESPONSE TO ABOVE











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