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Home My WebLink AboutCC 2020-01-17 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com I* r4— * ItiCORP.-0RATFI � 18^96 Meeting Minutes Friday, January 17, 2020 10:00 AM Special Meeting City Hall City Commission Francis X. Suarez, Mayor Keon Hardemon, Chair, District Five Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes January 17, 2020 10:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present. Chair Hardemon, Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo and Commissioner Reyes. On the 17th day of January 2020, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 10:11 a.m., recessed at 12:02 p.m., reconvened at 2: 06 p.m., and adjourned at 6:12 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 10:17 a.m., and Commissioner Diaz de la Portilla entered the Commission chambers at 10:19 a.m. ALSO PRESENT. Joseph Napoli, Deputy City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the January 17, 2020 meeting -- special meeting, actually, of the Miami City Commission in these historic chambers. The members of the City Commission are Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes; Ken Russell, the Tice Chairman; and me, Keon Hardemon, the Chair. Also on the dais are Emilio T. Gonzalez, our City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, our City Clerk. I will open up this meeting with a prayer, and the pledge of allegiance will be led by our [ice Chairman. All rise, please. (Invocation and pledge of allegiance delivered) ORDER OF THE DAY Chair Hardemon: We will now begin the special meeting. The City Attorney will state the procedures to be followed during this meeting. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Any person who is a lobbyist, pursuant to Chapter 2, Article 6 of the City Code, must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office, or online at municode.com. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this Code section is available in the Office of the City Clerk, or online at municode.com. Pursuant to Section 4(g)(5) of the City Charter, the Mayor may veto any items approved by the City Commission within 10 calendar days, following the Commission action. The City Commission may, after the veto occurs, override such veto by a four -fifths vote of the Commission then present. The material for each item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day at miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period, or at any other designated time. When addressing the City Commission, the member of the public must state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may City of Miami Page I Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at miamigov.com. No cell phones or other noise -making devices are permitted in the Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in the Commission chambers. Arty person with a disability requiring assistance or auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The special meeting will end either at the conclusion of the deliberation of the agenda item being considered at 1Op. in., or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are being either withdrawn, deferred, or substituted. Thankyou, Mr. Chairman. Joseph Napoli (Deputy City Manager): Good morning, Mr. Chairman, Mr. Tice -Chairman, Commissioners, Mr. Deputy City Attorney, and Mr. City Clerk. At this time the Administration doesn't have any changes to the agenda. ChairHardemon: Thank you very much. We can't take any action until we have a quorum on the dais. Later Chair Hardemon: Gentlemen, this is a perfect time for me to speak to this board. At our last meeting, I hadn't had the opportunity to thank, first of all, the Mayor for the appointment to Chairman or presiding officer, whichever the term we use, of this great body. In fact, I came into the meeting a bit late with the idea that I wasn't going to attend, because I was sick with the flu. And we got into a discussion that ended the meeting rather abruptly. And I want to tell you that I've had this awesome responsibility of being Chairman for many years, and I understand what that responsibility entails. I understand what our role and responsibility is here as a body and how our rules of order apply, and of course, I want you to understand that I will continue to preside over this body as Chairman in a way that all of you can be proud of, in a way that is conducive to you to be able to speak and bring about your ideas, in a way that is respectful of our rules of procedure, in a way that is respectful of course of the majority and how it rules. And I take full responsibility as Chairman for not allowing calmer heads to prevail in -- because we had an opportunity to continue on with the business, and but for us coming to that conclusion, we didn't allow it. And so, I want you to know that everything, moving forward, will be something that we can be proud of, the City of Miami can be proud of, and that I look forward to continuing to preside over this great body and getting the business done that we intend to get done. Okay? Our public comment has ended. We're here at our business. Later ChairHardemon: You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you. Before we even go into motion to approve anything here, I'd just like to say a few words on your comments, and then try to make a resolution for the order of the day. First of all, Commissioner, thank you for those words. I think that we all want to work with each other with decorum, with respect. I appreciate the words that you stated today. And at the same time, what I understood you made clear that we will be following the rules of procedure, which basically means as we always have been. In the past when you were Chairman, when you were not Chairman, that when the meeting starts, we look at the agenda, we decide what we want to take first, it's voted upon; whatever the majority rules are the rules of the day. And I thank you for those words, and we will proceed as such. City ofMiami Page 2 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Chair Hardemon: Thank you very much. So right now on the floor there is a motion and a second to approve SP.1. Is there any discussion on the motion? Commissioner Carollo: Before we can proceed with that -- I don't mind taking this first page of motions. I'd just like to place a motion for the order of the day. I don't know, and I frankly don't remember, when Commissioner Diaz de la Portilla asked for the special meeting, if the order that he put down for the meeting is how it was placed here or not. I don't remember. Commissioner Diaz de la Portilla: It is. Commissioner Carollo: It is? Okay. Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: If it would be the will of this Commission -- and maybe not -- I would like to take SP.9 as the first item out of order. Chair Hardemon: Right now there is a motion on the floor. So unless the mover and seconder removes that motion, that is the item that we're dealing with right now, which is SP.1. Commissioner Carollo: I understand that. The only thing that I would request of the Chair is when we start every meeting, we start it as we always do, asking if there's anything that we want to take out of order, butt will go with the will of the majority. Chair Hardemon: Okay PUBLIC COMMENTS ON ITEM(S) Chair Hardemon: There is a public comment time. So what I'll do at this time is IZl open the floor for public comment. During the items of public comment, that means that you can speak for two minutes on any item that's on the agenda. Please state your first name, your last name; you may state your address. And once again, you can approach any of these two lecterns for public comment. So I invite you to come speak for public comment, to speak on any agenda item that's on this agenda; you speak for two minutes. State your first name, your last name; you may state your address. Public comment is open. You're recognized, sir. Matthew Reyes: Hello. My name is Matthew Reyes. I'm the Lice President of the Miami Fraternal Order of Police. We are the union representing the City of Miami Police Department Officers. We're here to speak on the subject of inequality within the City of Miami Police Department. Firstly, what I'd like to say is, plain and simple, we do not believe that the Chief of Police is racist. There might be some differences in opinion between other people here and people that have made this complaint. And we wish that we had been in our positions longer, myself and my brother, who is our president, who sends his regards; he could not be here today; he's out of town. We wish we were here longer, and we could have been involved when this all started, so we could have maybe help mediate this situation and this problem. Aside from that, during the last public comment for this topic, there was a gentleman that claimed that the officers on the street level will beginning to resemble the KKK (Ku Klux Klan). We strongly, strongly take offense to that comment, and I hope that nobody on either side of this topic agrees or even thinks similarly to that, because all officers are of every race, creed, color, anything you could think of, and they work very hard everyday on the street level. We are talking about our street -level police officers. Our guys out there every day, sacrificing their families and their time to protect people that they don't even know to be called -- or to be -- to say that they even resemble an organization like the KKK. And that's all I have to say. Thank you. Chair Hardemon: Thank you very much. Is there anv other person that'd like to speak for public comment? You're recognized, ma'am. City of Miami Page 3 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Grace Solares: Good morning, Commissioner. Grace Solares. I have great concerns with one of the items in the agenda. It's the one that may appoint Commissioners of other areas to boards that are not in their area. I think the fundamental right to recall goes out the window. You have somebody from District 10 -- there is no district; I'm just saying this -- come and take over the duties of the Commissioner of District, let's say, 0. How those voters who elected District 0 Commissioner will be able to recall District 10 Commissioner? It is a fundamental right I think that it's -- the City Commission and the City Attorney should actually be very careful of what they're doing here, because they will have no avenue. DDA (Downtown Development Authority), for example. If it's not District 2, who represents DDA, who they are going to recall? Are they going to go to District 10? They don't have the right to do that, because they did not elect District 10 Commissioner. So I'll be very careful with what you're doing here today on those issues; only because the fundamental rights of the voters to recall who they elected will no longer be there. Thankyou, Commissioner. Thankyou, Mr. Presiding Officer. Chair Hardemon: Thank you very much. Is there any other person that'd like to speak for public comment? Seeing none, I'm going to close the public comment. SPECIAL MEETING ITEMS SPA RESOLUTION 7059 A RESOLUTION OF THE MIAMI CITY COMMISSION REAPPOINTING Commissioners TODD B. HANNON AS THE CITY CLERK OF THE CITY OF MIAMI, and Mayor FLORIDA WITH COMPENSATION AND EMOLUMENTS TO REMAIN THE SAME. ENACTMENT NUMBER: R-20-0001 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon. Russell. Diaz de la Portilla. Carollo. Reyes Chair Hardemon: Our first item is SP.1, the reappointment of our City Clerk, Todd B. Hannon. ['ice Chair Russell: I'll move it. Commissioner Reyes: Mayl -- Chair Hardemon: You're recognized. Commissioner Reyes: -- say something? Mr. Chair, my fellow Commissioners, I just wanted you to know that I was absent at the beginning, because I got a call that I had a loss in the family; a cousin of mine just passed, and I was on the telephone talking to my family, whatever. It's not that I was leaving you alone here, but -- Chair Hardemon: No problem. Commissioner Reyes: --and I just wanted to make that clear. Chair Hardemon: Sorry to hear that, sir. You're recognized, Commissioner. Lice Chair Russell: Motion and a second. City of Miami Page 4 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Chair Hardemon: Oh, there was a motion -- there's a motion and a second to approve SP.1. Later Commissioner Diaz de la Portilla: Mr. Chairman? Chair Hardemon: You're recognized, sir. Commissioner Diaz de la Portilla: Commissioner Carollo, we can take up SP.1 and SP.2, which is the reappointment -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- of our City Clerk and our City Attorney, and then Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: -- I would agree with you that we move on to the item that you recommend, that we would -- Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: -- maybe after that, we can vote on reordering the agenda, but let's just get those two orders of business out of the way. I think it's important that we get that done. Commissioner Carollo: That will be fine. Chair Hardemon: And also, I want to remind the Commissioners that we can have motions that are inclusive of many items at once, so you don't necessarily have to put them in, you know, the motion -- the order in which we have to deal with them individually, one by one. So -- Commissioner Diaz de la Portilla: So perhaps -- Mr. Chairman? Chair Hardemon: Yes. Commissioner Diaz de la Portilla: -- Commissioner Russell could revise the motion -- a motion so we take up SP.1 and SP. 2 first? Tice Chair Russell: In fact -- and I'd always like to defer to the presiding offer. The Chairman has always run a very efficient meeting in hatching items (UNINTELLIGIBLE) is fine. In fact, I'd be -- it'd be my preference to move all action items before discussion items, unless we see an action item -- unless there's a reason we need to really take a discussion item first. So I would recommend taking SP.1, 2, 3 and 4, and just take -- and moving all of those at once, if that's fine with the body? Commissioner Reyes: I second it. lice Chair Russell: Well, my -- Commissioner Reyes: What -- Commissioner Diaz de la Portilla: How 'bout SP.1, 2 and 3? City of Miami Page 5 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 ['ice Chair Russell: Fair. Commissioner Diaz de la Portilla: Can we do that? Okay. I'll do the revised motion, ,SP.1, 2 and 3. ChairHardemon: Okgv. So the motion has been revised -- Commissioner Diaz de la Portilla: I will second that, too, Coln ill issionerReves. Chair Hardemon: -- to approve ,SP.1, 2 and 3. Anv f rrther discussion about that motion that is on the floor? Seeing none, all in favor of 'the motion, say "aye. " The Commission (Collectively): Ave. ChairHardemon: All against? -Motion carries. SP.2 RESOLUTION 7060 A RESOLUTION OF THE MIAMI CITY COMMISSION REAPPOINTING VICTORIA MENDEZ AS CITY ATTORNEY OF THE CITY OF MIAMI, Commissioners FLORIDA TO HOLD OFFICE AS PROVIDED FOR IN THE CHARTER and Mayor OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH COMPENSATION AND EMOLUMENTS TO REMAIN AS STATED HEREIN. ENACTMENT NUMBER: R-20-0002 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item SP.2, please see Item SP.1. City 01'Miami Page 6 Printed on 01'29%2020 City Commission Meeting Minutes January 17, 2020 SP.3 RESOLUTION 7061 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), PURSUANT TO SECTION 18-72 OF THE CODE OF and Mayor THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED FIFTEEN THOUSAND DOLLARS ($15,000.00) TO PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("P.U.L.S.E."), IN SUPPORT OF P.U.L.S.E.'S YOUTH LEADERSHIP ACADEMY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0003 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item SP.3, please see Item SP.I. SP.4 RESOLUTION 7062 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Commissioners NOISE PROHIBITIONS FOR SUPER BOWL 2020 RELATED EVENTS and Mayor PURSUANT TO SECTIONS 36-4(A) AND (B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND - MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS - GENERALLY; EXEMPTION", AND EXTENDING THE HOURS OF ALCOHOL SALES UNTIL 5:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE, TITLED "HOURS DURING WHICH SALES ALLOWED; PERMITS AND PUBLIC HEARING REQUIRED", FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT DURING SUPER BOWL 2020 OCCURRING FROM JANUARY 29, 2020 THROUGH FEBRUARY 2, 2020. ENACTMENT NUMBER: R-20-0006 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: I'd like to call the special City Commission meeting on ,Iannaty 17, 2020 back into order. I know that we have a number of discussion items that are left, and I'll wait until we have a body before we move to those discussion items. But we do have SP.4, the noise and alcohol waivers for Super Bowl 2020. Afr. City Attorney, I don't know if anv other Commissioners have any additional properties they want to add into this, because I realize that this is all singly related to the Super Bowl weekend, and Citv of-AIiami Page 7 Printed on 0129 2020 City Commission Meeting Minutes January 17, 2020 so if you want to add a property to this list, those properties should be properties that are providing entertainment during the Super Bowl. If there are some properties, I'd like to also add a number -- an address to the list. Mr. Tice Chairman, do you have a -- 7 b ice Chair Russell: Yes. I have two properties, but I'll wait. Chair Hardemon: Okay. The property that I will give you the address for is 71 Northwest 14th Street. Barnaby Min (Deputy City Attorney): 71 or 701 ? Chair Hardemon: 71; 71 Northwest 14th Street. And then we'll wait on the Commissioners' properties. We'll also wait on the rest of the -- the other Commissioners to come in and address the issue. Commissioner, on the SPA the noise and alcohol waiver for Super Bowl 2020, do you have any properties that you want to add that you know of for that timeframe? Commissioner Reyes: No, sir. Chair Hardemon: Okay. Commissioner Reyes: My house. Chair Hardemon: We're waiting on -- Lice Chair Russell: So shall we move SP.4? Chair Hardemon: Sure, unless you have the two --you have the two ready? Vice Chair Russell: Yes, I do. I have to add but we could either do it -- Chair Hardemon: No, let's do it now. lice Chair Russell: Okay, fine. 55 Northeast 24th Street, as in the past, is seeking a similar extension. They currently have the 5 a.m., and they would like 7 a.m. during that time. Then my other address is 1700 Northeast 2nd Avenue, that it would like to be included in the 5 a.m. Commissioner Carollo: If we could jump until Commissioner Diaz de la Portilla gets here to a couple of the other items that were here that -- Chair Hardemon: Well, no. Sir, right now were on SP.4. Commissioner Carollo: Right. Chair Hardemon: Just trying to handle SP.4. Later... Chair Hardemon: I'll take Commissioner Russell's additional properties as a motion, and the Chair will second the motion. Is there -- Commissioner Carollo: And what is this now? Chair Hardemon: -- on the noise and alcohol waivers for Super Bowl 2020. As I said on the record before -- you all want to join me -- if there are properties that you know of City of Miami Page 8 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 in your district that are within -- that are doing events during the time limit here, during the Super Bowl time and you want to add those properties to this list, this is a good time to add them; if not, then -- Commissioner Carollo: Well, I -- Commissioner Diaz de la Portilla: I have a question, Mr. Chairman. ChairHardemon: You're recognized. Commissioner Diaz de la Portilla: You had -- there was a -- I believe a property owner that wanted to extend it till 7 in the morning. Whatever happened with that? ChairHardemon: Commissioner Russell had that in his motion. Commissioner Diaz de la Portilla: Right. So that was included in the motion --in this? ChairHardemon: Yes. Commissioner Diaz de la Portilla: Okay. And if we want to add properties or areas that are also going to be hosting Super Bowl events -- Chair Hardemon: You can do that. Commissioner Diaz de la Portilla: -- do we have to do it now? Chair Hardemon: You can do it now. You can also bring another resolution at another date to do it, too. Commissioner Diaz de la Portilla: But we're running out of time, so the question is, can we do it on the 23rd, or --? That's our next meeting. Barnaby Min (Deputy City Attorney): I don't want to make the Administration upset, but we could also add that to the supplemental agenda if that's (UNINTELLIGIBLE). Commissioner Carollo: Well, I don't mind making them upset. You could bring it up as a pocket item. Commissioner Diaz de la Portilla: Well, that would be a pocket item, but we have to, because it is of an emergency nature. The Super Bowl is on February 2, so it would be something that would be immediate. ChairHardemon: Right. Commissioner Diaz de la Portilla: But if we can just put it to -- on the supplemental agenda, it's even better. I know we don't want to give you too much work -- Joseph Napoli (Deputy City Manager): What would be the item? Commissioner Diaz de la Portilla: The item is if we have additional businesses that want to -- that we want to extend the alcohol hours till 5 a.m. that may be venues for Super Bowl activities during that limited period of time that we may want to do that. We may want to add some properties (UNINTELLIGIBLE) -- so I'm just -- Mr. Min: That would have to be a resolution, yes. Mr. Napoli: Will you draft that reso? City of Miami Page 9 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Mr. Min: Yeah. Commissioner Diaz de la Portilla: I'm not saying we're going to do it, but I'm just saying that I've had some conversation. We may -- that may take place. And okay, that's it. Chair Hardemon: So it's been properly moved and seconded. Any further discussion on the item? Seeing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Todd B. Hannon (City Clerk): As amended. Chair Hardemon: As amended. Commissioner Carollo: One point of discussion. This is brief, non -controversial. We're back to 9. Chair Hardemon: Wait. Mr. Commissioner, before we go to 9 -- Commissioner Carollo: This will be -- Chair Hardemon: One second, one second. Commissioner Carollo: -- one minute. One minute. Chair Hardemon: Listen, I've never known you to be a one -minute man. Commissioner Carollo: This will be -- trust me. When you saw me when the former Manager was up here reading my honorable discharge -- Chair Hardemon: Yes. Commissioner Carollo: -- I told Commissioner Russell to give me a minute, and it was a minute. Chair Hardemon: Yeah. Okay, one minute. Commissioner Carollo: Okay. Chair Hardemon: Give him the timer; time on a Commissioner; first time in life. City of Miami Page 10 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 SP.5 DISCUSSION ITEM 7063 A DISCUSSION ITEM REGARDING KEYS TO THE CITY AND CITY Commissioners PROCLAMATIONS. and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item SP.5 was deferred to the January 23, 2020, City Commission Meeting. Commissioner Carollo: Yeah. I'm going to ask that two items that are here be deferred to the January meeting. Chair Hardemon: Okay. Commissioner Carollo: So it's going to make this afternoon session even quicker. Chair Hardemon: Okay. Commissioner Carollo: The reason that I'm doing it is after I heard the Mayor give his opinion on a couple of items, I want to further look into what he said -- Chair Hardemon: Okay. Commissioner Carollo: -- before we bring these up. Chair Hardemon: Okay. Commissioner Carollo: So what I'd like to do is to defer SP.5, and I will also defer SP.7 to the following meeting of January -- the following meeting in January that we do. Chair Hardemon: The next meeting was January 23, I believe. Commissioner Carollo: Yeah. Nicole Ewan (Assistant City Clerk): That is correct, Chair. Commissioner Carollo: Yeah. Tice Chair Russell: Mr. Chairman. Commissioner Carollo: The only thing that I would ask is these could be placed either in the morning or early afternoon, time certain, because one of them has been around for a long, long time. And just when I thought we were ready to deal with it, the Mayor brought something up that I want to do my own research to -- Chair Hardemon: Commissioner, I would prefer not to do a time certain on it, because there's not necessarily someone from the public that needs to be here. Commissioner Carollo: Right. City of Miami Page 11 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Chair Hardemon: You know, but we can address it. Commissioner Carollo: Alright, we'll address it. But what I don't want to see happen, Chairman, and understand this, that the Administration puts items as they please in the timeframes that's convenient for them, and we, the elected body, any one of our items get placed at the end of the agenda all the time. Chair Hardemon: Well, we do know this: that we have the authority to address any item on the agenda in any way that we want to address it and we can bump -- you know, bunch items together, so I just want to make it very clear that -- Commissioner Carollo: We -- ChairHardemon: (INAUDIBLE) item number is number I to number 14 -- Commissioner Carollo: Okay. ChairHardemon: --you know, we have the flexibility to (INAUDIBLE). Commissioner Carollo: We had that agreement early on, so -- ChairHardemon: Yes. We can do that. Commissioner Carollo: Okay. ChairHardemon: We can do that. Commissioner Reyes: We agree on that. Commissioner Carollo: Alright, so -- ChairHardemon: Thatpart, yeah. Commissioner Carollo: Yeah. So SP.5 and SP.7, I will defer them to the next Commission meeting in January. ChairHardemon: It's been properly moved -- ['ice Chair Russell: Mr. Chair -- ChairHardemon: --to defer SP.5 and SP. 7. Is there a second? Vice Chair Russell.- I'll second it for discussion, but could we withdraw one of them as they seem virtually identical? Am I mistaken? Commissioner Carollo: They're not. lice Chair Russell: One is plural and one is singular. Am I correct? Commissioner Carollo: Yeah. lice Chair Russell: Is there a distinction? Commissioner Carollo: There is. Barnaby Min (Deputy City Attorney): And also, Mr. Chair, ifI may? City ofMiami Page 12 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: And I'll try to get that for you before the next meeting in time the difference between one and the other. Chair Hardemon: I could see the difference as I'm just reading it. Mr. Min: The Clerk has reminded me that the agenda for January 23 has already published, so if you want this -- so this will either appear as a non -agenda item or if you want it to -- or need it to be published, I believe the Administration would have to do a supplemental agenda. Commissioner Carollo: Well, I don't care how it's done, just have it done. Chair Hardemon: We're moving this item to the agenda on -- Commissioner Carollo: You have a Commission -- Chair Hardemon: --the 23rd. Commissioner Carollo: -- resolution; therefore, it should be there, so you guys figure it out. Chair Hardemon: I think it is already there, because it was continued from the last -- Commissioner Carollo: Yeah. Todd B. Hannon (City Clerk): That will be the first meeting in February Chair Hardemon: Oh, so that's the other meeting, yeah. That's the other meeting. But nonetheless, he asked for it to he placed on the agenda. It's a discussion item. Technically, we can discuss whatever we like if, you know, we choose to. Mr. Min: Correct. The prohibition on pocket items is that if it's -- it needs to be deemed of an emergency nature, and if there's a fiscal impact, the Budget Director needs to approve it. Chair Hardemon: Right. Commissioner Carollo: If there's a fiscal impact. Mr. Min: So otherwise, if it's not a pocket item, we can just discuss it as a non -agenda item. Commissioner Carollo: And if it's of non fiscal impact, then there's no problem. Chair Hardemon: That's correct. You're recognized, sir. Commissioner Diaz de la Portilla: He just raised a question, because I have two pocket items, because I missed the deadline for next Thursday. Can we -- do we have to make some sort of motion here to have it heard on Thursday on the two discussion items that I discussed with Ms. Mendez? Mr. Min: You do not need to, but if we're talking about doing a supplemental agenda, perhaps the Administration wants to add those items to the supplemental agenda, as well. I'll defer to the Administration. But you only -- Commissioner Diaz de la Portilla: Do we need to vote on that here or --? City of Miami Page 13 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Mr. Min: You do not. Commissioner Diaz de la Portilla: Okay, so the -- Joseph Napoli (Deputy City Manager): I saw one, Commissioner. I haven't seen two from you. Commissioner Diaz de la Portilla: The two discussion items, one was on the -- Mr. Napoli: The two pocket items -- Commissioner Diaz de la Portilla: -- discussion of the Downtown Development Authority -- Mr. Napoli: We've got that one, right. Commissioner Diaz de la Portilla: -- and discussion on the consolidation of the CRAs (Community Redevelopment Agencies). Mr. Napoli: Okay. Commissioner Diaz de la Portilla: I think that one I spoke to -- Mr. Napoli: I haven't seen that. Commissioner Diaz de la Portilla: -- Ms. Mendez about yesterday. Maybe it hasn't gotten to your desk yet. Mr. Napoli: Did you send it? Okay, we haven't seen that, but we'll get that one. Commissioner Diaz de la Portilla: We'll make sure -- make sure we get it to him. Thankyou, Mr. Deputy Manager. Chair Hardemon: Okay. It sounds like it's going to be some lively discussion on those. Commissioner Carollo: Well, there's a motion and there's a second for deferment. Chair Hardemon: There was a motion; there was a second. All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. Commissioner Carollo: That's for the deferment until the January 23 meeting on SP.5 and -- Chair Hardemon: That is correct. Commissioner Carollo: -- SP.7 -- Chair Hardemon: We've had some -- Commissioner Carollo: -- so we can be clear. City of Miami Page 14 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 SP.6 DISCUSSION ITEM 7064 A DISCUSSION ITEM REGARDING RACIAL EQUALITY WITHIN THE Commissioners MIAMI POLICE DEPARTMENT. and Mayor RESULT: DISCUSSED Commissioner Carollo: Okay, so we have one last item on the agenda. Chair Hardemon: That is correct; SP.6. Now, Commissioner, you have it on the -- on your agenda, so I'm assuming -- Commissioner Carollo: I do. And let me say why I placed this on the agenda. When I have police officers that are representative of an organization that come to me as a Commissioner, asking to be placed on the agenda, I feel that they deserve that opportunity; particularly when other ways that they tried didn't get them anywhere. I didn't place them on the agenda to attest to the correctness or non -correctness [sic] of whatever statements they're going to make, but they have that obligation. I would like to say, however, that what made it easier for me to place it on the agenda was when I saw the utmost professionalism of the officers that came to me. And frankly, I have not seen that kind of professionalism as much as I would have liked to have seen it throughout our department. The officers that came to me were very professional. I certainly saw that they cared for the City ofMiami. So they deserve the opportunity to express to this body whatever it is they wanted to, and, you know, they have the opportunity today. Chair Hardemon: So through the Chair, if there is an individual that represented any organization that'd like to air a grievance at this time -- because I know this is regarding racial equality within the City of Miami Police Department -- please approach one of the lecterns. Stanley Jean-Poix: Thank you very much. If we may, my Tice President, Ramon Carr, would like to just pass you some information, so at least you'll have it at your disposal; should take about 30 seconds. Chair Hardemon: Okay. Also, announce yourself for the record Mr. Jean-Poix: Oh, yes. My name is Stanley Jean-Poix. Presently, I'm the President of the MCPBA (Miami Community Police Benevolent Association), and also, a 22 year veteran with the Miami Police Department, a sergeant. Chair Hardemon: Thankyou, sir. Commissioner Reyes: Sir, I want to --for the record that this Sergeant Reyes is not related to me. Mr. Jean-Poix: He represents the Fraternal Order of Police. Commissioner Reyes: Okay. City of Miami Page 15 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Mr. Jean-Poix: Yes. And I represent the Miami Community Police Benevolent Association; two different unions. Chair Hardemon: Well., he's saying he's not related to -- Mr. Jean-Poix: Oh, he's not. Okay. I apo -- All right. Good, good. As I do my presentation, we also have a PowerPoint presentation, so that way, you can follow some of the things we're talking about. Good morning. Greetings. Greetings, honorable Commissioners, Mr. Mayor -- I know he was here earlier -- City Attorney, Deputy City Manager, MCPBA members, and PD (Police Department) stakeholders. I'd like to take this time to introduce myself as I just stated earlier who I was. Also, I want to tell you a little bit about my experience. I worked in several units, such as Patrol, Problem -Solving Team, Investigations, Recruit Selection, as a Field Training Officer, Community Relations Officer, and Property and Evidence. Also, I served as the past MCPBA President from 2011 to 2015, and I was re-elected by popular demand in 2019. Statement of Interest: The MCPBA was founded in 1946 during the Jim Crow era. It was created because blacks could not join the PBA (Police Benevolent Association). Therefore, black patrolmen had to create their own organization to fight for their rights and equality on the Miami Police Department. Today, the MCPBA is an advocacy group of predominantly African American sworn law enforcement officers and civilians. Moreover, the MCPBA members predominantly represent persons who have been victims of workplace discrimination, racism, and retaliation. Summary of Argument: The MCPBA is alleging disparate treatment of black officers and incompetency of staff against Chief Jorge Colina and Deputy Chief Ronald Papier. When assessing leadership qualities that make good leaders, from sports franchises, Fortune 500 companies to the department heads at the City of Miami, some of the most important questions we should ask: Who are the decision makers? How do they think? How do they deal with adversity? Do they address employees' concerns? Who do they surround themselves with; i.e. command staff? Who do they hire? Who do they fire? Lastly, do they fulfill their obligations? I would like everyone to keep these questions in the back of their heads as I move forward. I would like to take everyone back, not too long ago, on November 3, 2017 when the City of Miami Fire Chief Joseph Zahralban with Mayor Regalado addressed the media about firing six firefighters who placed a noose over a colleague's family photos, and drew lewd images of pictures -- lewd images on the pictures of his wife and kids. The victim, a Fire Lieutenant, also African American; the offenders, one Captain, one Lieutenant, four firefighters, all Hispanic. The original incident occurred on September 10, 2017, at a firehouse. However, to Chief Zahralban's credit, he took proactive and decisive action in dealing with the incident. Let me list a few actions that he took Number one: He personally responded to Station 12. Number two: He requested Miami PD (Police Department) Internal Affairs investigate the incident. Number three: He apologized to the victim and his family. He showed empathy. Number four: He ensured the investigations happened from top down. Number five: All three shifts assigned to the station were transferred. Number six: 11 employees were suspended with pay. That's leadership. Chief Zahralban set the tone at his department. The message: Racism will not be tolerated. Unfortunately, racism is also pervasive and entrenched at the City of Miami Police Department. Today I would like to highlight several incidents that have occurred on the Police Department that some of you may not be aware of. First let me just start off by describing the structural organization of the Police Department. The City of Miami Police Department is comprised of three divisions: Criminal Investigations; Field Operations, which is your patrol officers; and Administration; they deal with firing, hiring, training, and so forth. And lastly, the other main component, Internal Affairs. In each one, I can highlight cases of racism, disparity of treatment of black officers, and incompetencies [sic] of staff. Starting off with one, Detective Fignole Lubin, black male, Haitian descent, works in Homicide, under Criminal Investigation detail. Detective Lubin, a 22 year veteran, most senior Homicide investigator; at least eight years. And most of you, if City of Miami Page 16 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 you watched "First 48, " you saw Lubin on several episodes. However, for some odd reason, starting from January 2019, Sergeant Pepe Reyes, a white Hispanic male, would make derogatory comments to Lubin on a daily basis, talking about his age, ethnicity, and accent. Let me give you some examples. Sergeant Reyes: "Hey, Lupe" - - in reference to his age -- "Hey, Lubin, you're about -- what? -- 65 to 70 years old? You have high blood pressure. You need to retire before you get kicked out. Hey, Lubin, let me ask you something. Why won't you retire? Michael Jordan retired at the top of his game. " When it comes to race, and his ethnicity, and his accent, whenever Lubin tried to speak, nobody could understand Lubin's Haitian accent. Number two: Hey, if someone came and spoke and asked for Lubin, he would say, "You need to speak to the detective with the Haitian accent. " These comments were made on a regular basis in front of his peers, his witnesses, victims' family, and State Attorney. On May 29, 2019, Detective Lubin had enough. He told Sergeant Reyes, 7 understand you're my supervisor, but this is enough, and this will not be tolerated. " Detective Lubin brought his atten -- he brought this to the attention of Sergeant Reyes's boss, Lieutenant Ricky Lopez, and the Section Commander, Major Cherise Gause. He brought his complaint to them, and they did nothing. Sergeant Reyes comes up with frivolous -- acting -- punish -- accusations that Lubin was being insubordinate. And remember that; remember, "insubordination" comes up a lot. That he was being insubordinate, because all of a sudden, after eight years of being in Homicide, he needed to take remedial writing. So instead of addressing the issue, the Major and the Lieutenant transferred Lubin out the unit to Patrol. Detective Lubin takes his case to the EODP, which is -- which stands for the Equal Opportunity and Diversity Program, to file his complaint on June 21. What was odd is when the EODP -- I'll refer to it as EODP -- when they asked Sergeant Reyes to come give a statement, he replies back that, "I can't come give a statement, because my attor" -- "my legal counsel said that I may be punished, so I'm not coming to give a statement. " So -- which is strange to us, is that you make these kind of statements on a regular basis, you can transfer him out for not writing clear or not taking remedial writing classes, but you won't go to EODP and give a statement. However, I will give EODP their credit. They started to do their own investigations, and what they found was -- what they discovered was detective's file -- Detective Lubin's file contained satisfactory evaluations, which were completed by Sergeant Reyes for at least three years. There was no mention of insubordination or the need for remedial writing. EODP substantiated Detective Lubin's discrimination case on August 14, 2019, and sent him back to Homicide. When he gets back to Homicide, the offender's still there, which is Sergeant Reyes. He wasn't punished, he wasn't chastised or anything. So a supervisor makes those kind of statements to a detective. You have to wonder, does he have a problem with Haitian people? Does he have a problem with elderly people? So this is the supervisor you have working inside the elite Homicide Unit that's dealing with the general public, and this is the kind of activities and statements he's making, and it's not challenged. On August 14, 2019, Chief Colina was contacted by the EODP, and he was informed that Federal, State, and local laws were violated in race, national origin, and age discrimination against Sergeant Reyes. And they also requested appropriate action be taken that is commensurate with the violation. What happened? Nothing. Number two: We want to know in our public records request, was -- based on the process, the City Manager was supposed to be notified of the findings of Lubin's case. Never got that, because I believe it never happened. Number two: What was Chief Colina's response to the allegations? As the Chief of Police, what did you say when you heard these things? I'm going to move forward. Detective Ezra Washington, black male, Homicide Unit again, under Criminal Investigations Division, 12 year veteran, worked in the elite Cold Case Squad. Prior to coming to the City of Miami, he worked for Corrections and was also a Florida City officer. So this is not some rookie officer that came onto the Police Department. Detective Ezra Washington went on vacation, and when he came back, he found a picture on his desk. There you go. He found this picture on his desk. What disturbed him the most was the black male's neck slit, with blood on his shirt. When Detective Ezra Washington saw this picture and when we saw it, the rest City of Miami Page 17 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 of it lost meaning. When we saw that, we thought of lynching. It was disturbing to us. So for someone to say it was a minor image is totally false. Let me just talk briefly about lynching. Most lynchings were of African American men in the Southern United States, but women and non -blacks were also lynched. Victims would be seized and subjected to every imaginable manner of physical torment, with torture usually ending with being hung on a tree, castrated, set on fire. More often than not, victims would be dismembered and mob members would take pictures of their flesh and bone as souvenirs. Lynchings were used by white Americans to terrorize and control black people, as you can see the pictures of hanging, being burnt. So when we see that picture, we're offended. If you don't know our history, you would not know that. Go on to the next one, please. Now -- Chair Hardemon: Before -- Mr. Jean-Poix: Yes, sir. Chair Hardemon: -- you move on, the images of the person that's above -- Mr. Jean-Poix: Wait, go back. Yes, sir. Chair Hardemon: -- that has the turtle head and then the other individual -- Mr. Jean-Poix: Right. Chair Hardemon: -- do we have any --I mean, what's that? Mr. Jean-Poix: We have no clue of, and when we talked to the -- Chair Hardemon: You don't recognize the images of the person? Mr. Jean-Poix: No, we don't recognize them. What caught our attention was the black male on the ground. To us -- the rest, we didn't see that. We saw, but we didn't know what it meant. But what was disturbing to us was the black male on the ground, and that's what was brought to our image. Okay, let me see. Go to the next one, please. Now, if you're a person that you don't know your history, you see what's there; a swastika and a picture of Castro. If you don't know your history, you see a swastika and you say, "Big deal, it's just a swastika." But to the Jewish community, it brings them back to the Holocaust. It brings them back. It makes them remember when they suffered, when their grandparents were killed. And so, to them, it's a very offensive picture. Castro; same thing for a person who doesn't know your history. All they see is a man with a beard, saluting. But for the Cuban community, they remember the oppression, the members of their family being arrested, their properties being seized. They saw -- that's what they see. I could be wrong, but I know I've heard my Cuban friends say that. And so, we have to be careful when we display images and be respectful of people, what they see. Go to the next one, please. Wait, go back. Before I play this brief video, what you see here is the Star of David. The Star of David is usually a symbol that the Jewish people use, and it represents the Jewish community. Okay, and you can play it. You can put it louder. (Gideo presentation.) Mr. Jean-Poix: Okay. Basically, from what -- it was very low, but basically, what Chief Colina was saying in that video, that type of behavior would not be tolerated, because he understood when the sergeant that used to work here showed that book and showed that Star of David and said, "I'm throwing out the trash, " he knew it was offensive to the Jewish community. If you're not Jewish, you'd be like, "Well, he's just throwing out a book." But they understood. And what he said was, "That sergeant City ofMiami Page 18 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 doesn't represent the mission and vision of the City of Miami Police Department. " But yet, as black people, we come and tell you, "We find this offensive, " you tell us, "It's just a minor annoyance. " You have no respect for our history and how we view things. Okay. Let me see what the next one is, please. Okay, go back. All right. I'll continue. Just like in the previous case with Sergeant Pepe Reyes, in this case, the person who left the picture on Ezra Washington's desk was a white female, Sergeant Hentersheed (phonetic). And her partner was a Spanish male, Detective t entura. And guess what happened? They did the same thing. According to legal counsel, they cannot give a statement. The FOP (Fraternal Order of Police) attorney sent a statement to the EODP, basically stating, "Florida Statute 112 preempts the EODP Authority, " because 112 sets for the exclusive procedure for investigating Law Enforcement Officers' alleged misconduct that could lead to disciplinary action, and therefore must be conducted by the Police Department's Internal Affairs prior to any action by the EODP. Guess what? Detective Ezra's case did not go to Internal Affairs. They basically told them, "Oh, well, deal with it, or if you want to go to EODP, that's on you. " Moving forward. In conclusion, in reference to Ezra's case, EODP report determined that despite the minor annoyance -- this is where EODP got it wrong. They got it right in Lubin's case, but in this case, they said, "the minor annoyance. " But if you're offended, the -- it's in the eye of the beholder. Even though they determined that it was a minor annoyance, and the work environment did not rise to the level of discriminatory practices or actions in accordance with Federal and State employment laws, however it's a hostile -- it falls under harassment and misconduct. Now here were the steps that should have been taken by the Major and the Lieutenant, according to Departmental Order 6, Chapter 10, Reporting Procedures: If the reported incident is of minor nature -- jokes, inappropriate conversation -- the Section Commander, which is the Major, will conduct inquiry and take corrective action, discipline, or counseling that is appropriate. A report documenting the complaint and the actions taken by the Section Commander, which was Major Gause, will be sent to Internal Affairs Section for review, documentation, and filing. We know that wasn't done, because we did a public records, and we didn't find it. Next thing you know, Detective Ezra Washington, he gets transferred on September -- in September 2019. They filed a frivolous Internal Affairs complaint stating that there was a witness that he was invest - - he was talking to in reference to a murder, and what they did was they defamed his character. And the rumor was -- or they put it out that Detective Ezra Washington was having an affair with the witness. That's a serious allegation. That did not occur. So he was transferred out the unit. Same thing I asked in Detective Lubin's case, what was Chief Colina's response to the allegations? Were the findings sent to the City Manager? What did he think? Moving forward. Officer Mark Harris, black male, works in the off -duty Office of Special Events under Field Operations Division, two- year veteran. He worked for Hispanic male Sergeant Ramirez, Lieutenant Gilberto Gomez, and under Captain Javier Ortiz. Remember that name, please. Mark Harris had to deal with derogatory statements every day, too. Let me give you some examples. This may be a little offensive. The white Hispanic lieutenant would greet the officer, the black male officer, "What's up, my nigger? What ghetto you from? I know you used to be the bag man" -- that means "drug dealer" -- "back in the day. " Are we serious? A lieutenant of Police, a deputy commander speaking to a officer like that? So can you imagine when he's out in the community, how he would deal with you? And he's in Special Events, okay? So Mark Harris went to IA (Internal Affairs) on -- in May of 2019. He has yet to hear back from Internal Affairs. Nothing -- he was never informed of what happened with his case. Guess what happened? He got transferred off Special Events. Now he's on patrol, because the officer who was assigned to work a off -duty job didn't show up. By him being the coordinator -- he was on vacation in Hawaii --he got transferred out the unit. Now I could tell you, I worked off -duty jobs for numerous years. If a officer misses a off -duty job, the coordinator doesn't get kicked out the unit; the officer gets written up, because it's our job to find a replacement. But that's not what happened in Mark's case, because he was complaining. So he gets called in. Lieutenant Gilberto Gomez and Captain Javier City of Miami Page 19 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Ortiz, they call him in. They tell him he's transferred. Then they suspend him for 30 days on top of that from off -duty. But Gilberto Gomez is still in the unit. Javi Ortiz still runs the unit. That's a slap in the face. Fast forward to Sergeant Kimberly Pile, black female, also works in Special Events. She was not directly over Mark Harris, but she saw everything that happened. She was the only sergeant that treated him with respect. Guess what happens to Sergeant Pile? Gilberto Gomez calls her on her day off. She's dealing with a family crisis, and he starts to berate her, talk down to her. She gets upset, because it's normal. She's on her day off. They get into a minor disagreement. Next day, she comes to work Captain Javi Ortiz, Lieutenant Gilberto Gomez, they transfer her out; insubordination. You're going to see the pattern here, people. Whenever black people complain; insubordination; you're transferred. Sergeant Elijah Taylor -- you're going to like this one -- he was here last week. He was written up and transferred, because he was here. Let me tell you about Elijah Taylor. He is a first sergeant in the military, 30 year veteran, served his country in numerous battles. That's his picture up there. That's his picture, okay? Most senior SWAT (Special Weapons and Tactics) member, 17 years on SWAT. Anyone on that department, Elijah Taylor is senior to them. Maintains the highest standards, perfect gentleman. Javi Ortiz, Lieutenant Ricky Lopez -- remember that name -- Maurice Sodre, they decide they want to bring somebody else in. So while Elijah Taylor is at the gun range, supervising people at the gun range while they're trying to qualify and shoot at the gun range -- this is a high liability thing -- they decide to do a inspection on his vehicle and his weapons in the middle of officers qualifying. So you're telling me the man that's seeing to everyone in that unit, he served over a minimum 800 missions -- he has more missions than everybody, but you want to do a spot inspection while he's at the gun range? One of the weapons he hasn't shot in over a year --five years -- they asked him to produce it, and he didn't have it. He said, "It's in the locker. " They tell him to report back to the station. He gets back to the station. You have Lieutenant Ricky Lopez -- mind you, Ricky Lopez works in Homicide. He has nothing to do with it. So he's part of SWAT, but he's not the primary person over SWAT. Maurice Sodre and Lieutenant Abreu was over training; all Hispanic males. They start to berate him. They start talking down to him. When he feels his character is being attacked, he didn't -- they didn't even give him a chance to get a representative. When he speaks up for himself, guess what happens, people? Insubordination. He's transferred out of SWAT. So the only black sergeant, supervisor, and probably at the time, if I'm not mistaken, the only black -- so you're telling me 17 years, you don't even have a --you don't have a discussion, you don't try to build him back up if you felt it was a violation. As a supervisor, I can tell you if I have a problem employee, we have something called a 90-day action plan. So for three months --this is Sergeant --Lieutenant 101. We bring you in. We tell you what the -- we tell you the good things that you're doing. We tell you the bad things that you're doing, and we put you on a program. Every week, we're going to meet at such and such date. I'm going to tell you what you're -- how you're doing. Next month, we do the same thing. Once you finish the 90 days, my job is to make you better. But that didn't happen. Okay, go ahead. Let me see which one is the next one. Okay. Now, like I mentioned earlier, now Javi Ortiz, his name comes up a lot. Captain Javi Ortiz, very interesting. Captain Javi Ortiz, if you notice -- bring up some of the documents. One of the biggest controversies we've been having on the Police Department -- and I know you -- I've heard people at the Commission ask questions and talk about it. We've had a lieutenant's exam and a captain's exam recently; 2015 lieutenant's exam, and a captain's exam in 2017. For some reason, when Javi Ortiz came on the Police Department, he listed himself as a white Hispanic male. Now I don't have a -- we don't have a problem. You can be whatever you want to be. But for some reason, every time a test comes around, Javi Ortiz is African American, non Hispanic. Okay. I might work with you on -- you might be black. You may have done Africanancestry.com, 23 and Me. I get it. But everyone knows you're Hispanic. So now the question is, why is it that once he finishes a test, he goes back to being white Hispanic male again? Well, what could be his objective? So after doing public records requests, we found out City of Miami Page 20 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 about something called the Consent Decree, the 1975 Consent Decree. And if I may, I want to just take a few minutes to talk about it, because it's confusing. A lot of people don't even know it exists. Back in 1971, we had two consent decrees, the Cohen Decree and the Miami Consent Decree. Cohen Decree was started in 1971 by 16 African American officers, because they were being discriminated against. They couldn't get promoted. They couldn't -- they only could work out of the black police station. And after that, that segregation continued. They couldn't -- they were being fired at a higher rate for frivolous reasons. They couldn't pass the medical exam. They weren't being recruited, so forth and soon. So they filed a lawsuit. The City settles in 1973, and it's called the Cohen Decree. And so, the City Manager was tasked to ensure discrimination didn't happen on the Police Department. But also, the City of Miami was receiving a lot of federal money. So the Federal Government saw this and they said, "Hey, we can't continue giving the City of Miami a lot of money, and you guys have discrimination issues going on. " You have to remember, too, in 1975, Hispanics were not the majority. It was African American; the Spanish were a minority, and women were a minority. So what the Federal Government did was say, "Okay, we're going to file a lawsuit on behalf of blacks, Latins, and women, and we're going" -- and then they came to agreement with -- the Department of Justice and the City of Miami came to agreement, and it was called the 1975 Consent Decree. It was addressing the same issues that the Cohen Decree had, but before they could proceed, you have to define your employees to say if you were making improvement. So how do we classify our employees? So what the City and the DOJ (Department of Justice) came up with was, "Okay, when we say, 'black,' we're talking about black males, specifically. When we say, 'Latin,' we're talking about Hispanic males; be it their parents come from Mexico, Cuba, Puerto Rico, and so forth and so on. 'And when we say, 'women,' irrelevant of the fact that she's black, white, Hispanic, all women were considered women." So, for instance, when you promote a black female under the Consent Decree, she did not count as "black female "; it was counted towards 'female, " period. And you have to remember these terms, people. It's important, because you will see when we are talking to Chief Colina about what we want for black males, we knew we had to be specific, because we were under the Consent Decree at that time. When we first met with Chief Colina back on August 6 of 2018, he knew the Consent Decree was going to expire 14 days later, on August 20, 2018. He knew that. And so, when we talked to him, so -- and I'm going to go ahead -- if you watched the news, when he responded to the media to our press release, we never said anything against black women. He said that. He always -- when we went in, when we talked about black males, we knew we had to be specific according to the Consent Decree. So the Consent Decree was active from 1975, December 1975 all the way up until August 20 of 2018. See, if you don't know that -- I throw out consensus reports and 2010 -- that's irrelevant. You know why? Because part of the Consent Decree is the City of Miami had to provide reports to the DOJ on an annual basis, every June, every December. And guess what comes up when they do these reports? It's called the City of Miami EEO (Equal Employment Opportunity) Sworn Officer Report. So this is the breakdown of your officers; percentages, how many black males, how marry black females, how marry Hispanics. And so when the DOJ is looking at this, you'll know, "Okay, I need to work on this, I need to work on that. " Back to Javi Ortiz. Why is Javi Ortiz claiming to be African American? After doing research, we were able to connect the dots. Javi Ortiz at the time, 2014 -- if you look at the EEO Report -- let me just say that part -- in 2013, if you look at black male lieutenants, you will see that number, zero. Can you go to 2014, please? If you look at 2014, same thing; black male, zero. So now if you know the DOJ is looking to improve the numbers of black male officers getting promoted or whatever to show there are no adverse impacts against blacks, you're looking at the EEO Report and determining, "Okay, based on these numbers, we're meeting our requirements. " So what Javi Ortiz did -- he was a Sergeant in 2014. He was FOP President. And what's ironic was I was MCPBA President at the same time. So he saw this report. So what he did was he wrote a letter to the Department of Justice -- do you have that for me? Okay. This letter here -- Javi Ortiz wrote a letter City of Miami Page 21 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 to the Department of Justice in November of 2014, inquiring about the test. "Can you tell me what will be on the test? What are you looking for on the test?" to -- that's cheating, okay? So the DOJ responds back, and they tell -- they respond back to Javi Ortiz, and they inform him that, "Listen, the test has to do two things. It cannot show adverse impact against black, Hispanic, and women. And it has to show" -- "the test has to show what you're testing is job related. " So Javi Ortiz, armed with this information, says, "You know what? I have a good chance. I'm going to hedge my bet. If l put myself as a black male, I have a better chance of getting promoted, so I'm going to do that. " 2017, even though the captain's position was not necessarily being relegated by the Consent Decree, but, "Hey, I'm going to make sure I get it. " So these are the kind of things that Javi Ortiz is doing. Continue forward. ChairHardemon: Can I ask you a question before you move forward? Mr. Jean-Poix: Yes, sir. Chair Hardemon: I think it's --this is the first time that I've ever seen it -- Mr. Jean-Poix: Okay. Chair Hardemon: --written that Javier Ortiz was listed as a black male. I've heard that before. Obviously, I'm not in the Police Department. There's obvious concerns about that, and I think you're connecting the dots right now; you're attempting to connect the dots. My question to you is, do you know of any other officers that would have done the same thing? Because -- and the reason I ask you that is that if I can't trust that number, how can I trust other numbers? And so, although people know of the incidence with Ortiz, is there a pattern of other officers with -- armed with his type of knowledge that would have made that same sort of representation? You may not know. I'm asking if you know. Mr. Jean-Poix: Right, right. Chair Hardemon: But obviously, I mean, it begs us to question each officer that lists his name and his race as what it is. Mr. Jean-Poix: -- at this time, no. And the reason why I would probably say, "Definitely, no, " is because you have to remember, as the FOP President, he's able to manipulate the system. So, for instance, I can't call the DOJ and say, "Hey, can you tell me what's going on the test?" For instance, he asked specifically, 'Are you going to videotape this exam?" That's important. He wants to know if he's going to be videotaped, because if I'm saying "I'm black, " but I'm listed as a white Hispanic male, hey, that might come out. That's important. So if I'm not a FOP President, DOJ may not even contact me. But he -- if he's the Fraternal of Police President, he has leverage. Well, you know what? I'm trying to ensure that my members can prepare the right way before they take the test. And we know you don't contact the DOJ to find out what's on the test, because the test giver will sit down with you and do a brief type of orientation, and tell you, "Hey, these are the things that you might see on the test and how to prepare. " So what he did was try to gain an unfair advantage. I'm going to -- And lastly, if -- on Javi Ortiz -- if you look at the City of Miami Civil Service Rules, Rule 17.1, it specifically talks about making marks that are not true, or putting false information when you're taking something like a test, sergeant exam or lieutenant's exam. So it -- when it comes to this, pertaining to Javi Ortiz and Chief Colina, just like you said, people have been hearing this for a long time. You know this occurred, because you're aware of how the Consent Decree -- I'm sorry, go ahead. You had a question? Okay, okay. You know you heard this before, and you never looked into it and addressed it. But let me tell you what the Civil Service Rules say about this. If a person's supposedly cheating, they should be dismissed, suspended, or demoted. City of Miami Page 22 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Nothing happens. And lastly, pertaining to Javi Ortiz, let me just show you his history here. If you look at the screen, you will see Javi Ortiz, 14 citizen complaints. You see the numbers. My vision's failing, but you can see his record. Leave the duty, so off and so on. All right, continue. These are some of the headlines we cut out last week: $65, 000; he cannot work off duty, because he's banned from off -duty jobs. He is constantly putting the City in liability. Let me show you some things that Javi Ortiz put up. For instance, black female being arrested. He puts a smiley face. You have to remember, even people -- even though if people make mistakes or they're a criminal, you don't denigrate them, you don't humiliate them. You do a job and you keep it moving. The gentleman at the top -- I remember that vividly, because I was MCPBA President at the time, and I addressed it. That gentleman up there, I believe he shot at the police; not saying he was an angel, but he has a mother. When the black community sees you -- defacing a picture like that, it shows that you have no respect for them. And what I did, I spoke out against Javi Ortiz at that time, and l let him know that that's -- we're supposed to be professionals. That's childish, that's juvenile, and we don't do things like that. You'll see some high profile NFL (National Football League) players who Javi Ortiz wrongly arrested. This picture here, he posted it. I guess he -- with him and President Trump. I guess he was trying to be funny. But this is the individual we're dealing with in Javi Ortiz. And then you have him over the most high liability, Special Operations Section, which deals with motors, marine patrol, K-9, SWAT, aviation. This is what he's in charge of. But yet, if you look at the numbers, African Americans are not well represented in those units. Move on; we're going to go to the next one. Okay. Lieutenant JP Guillot, white Hispanic male. The problem we have with him is, I worked with him and he -- JP Guillot, he's the lieutenant over training. But back in 2014, March of 2014, he was fired for misconduct, improper procedure, and neglect of duty. Guess who fired him? Chief Jorge Colina. He was the major at that time. But the funny thing is I guess he goes to arbitration. He wins his job back He left as a sergeant. He gets promoted to a lieutenant in April 2015. He was allowed to take the test seven months after everyone else. Of course, he places high, because you got seven more months extra. And then he's placed in Training with young, impressionable minds. And so, based on the observation we would see -- wait a minute. It's -- African Americans are very -- they're not represented well in the Police Academy. And every time you see one, they're getting fired. So we're like, "Wait a minute. Maybe it's just us. " So we decided to do a public records request, and what we found was, it was very interesting. I'm going to show you this chart up top. These - - from January 2015 to October 2019, these are what they call the dismissal rates and the resignation rates. As you can see here, black, at the top, between those years, 10; eight black males, two blackfemales. And let me see -- you could see the numbers. My vision is going on me. But what I want to bring your attention to -- oh, thank you. I appreciate it. So, for instance, so you have 10 blacks that were let go during that time period, 22 Hispanics, and three whites. But look at this, what we found interesting. Black females: One resigned, one dismissed. Black male: One resigned, one dismissed. That's important, because if you're dismissed -- ChairHardemon: Seven. Commissioner Reyes: Seven. Commissioner Carollo: Seven, seven. Mr. Jean-Poix: Seven, seven; I'm sorry; seven. What happens with that is, if you resign, you could go get a job somewhere else. You could go into someone else's academy. But if you're dismissed, it's a negative connotation. No one else will hire you. And we've had some people that it's happened to. Let's continue on. Hispanic female: Six resigned, three dismissed. Commissioner Reyes: That's right. City of Miami Page 23 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Mr. Jean-Poix: Let's go to Hispanic male: 11 resigned, and two dismissed. White female: One resigned, zero dismissed. White male: Two resigned, zero dismissed. So if you look at black males, we leave with negative connotations, but Hispanic males are allowed to resign and go somewhere else. Okay, what's the next one? This is interesting. Let me see that one again. Thank you. It's very interesting. Yeah, my vision. Now, remember, I spoke to you earlier about the EEO Sworn Officer Report. And what we did is we went back 10 years, because Chief Colina used the 2010 Census -- oh -- as his background. All right. So he used the 2010 Census. But I said, "Well, you know what? I can't use the census. I'm going to use what we used to send back to the DOJ " This is what was sent to the Department of Justice as our numbers. If you look at the years, I went from the most recent down to the furthest back; 2010 and I worked all the way up to 2019. As you will see, the number -- the percentage of black males has decreased over the years. But I want you to focus on 2018 and 2019, under Chief Colina's administration. In 2018, black males went from 220 -- they went from 220 out of 1,293; the Police Department's numbers increased -- to 216 out of 1,307. So that means there was a decrease of black males from 17 to 16.5 percent. So now the question is, what is happening in the academy? What is happening in the academy? We're being dismissed at a higher rate, and our percentages are going down each and every year, even under Chief Colina's watch. So back in August 6, we saw the visual, but we just didn't know the numbers. We offered Chief Colina to mentor these young African American officers in the academy, these recruits. We offered to help with recruitment. We offered to speak to the class. Now we're in January 20 -- we have never been invited to speak to the academy, but the FOP and the HOA (Hispanic Officers Association) are invited on a regular basis. How do we know? Because we get the phone calls. Where is the MCPBA? HOA is here. FOP is here. Why is the MCPBA not represented? Because we don't get the phone calls. And so, when you look at these numbers and how we're being snubbed -- because, remember, we speak for the black officers. We're not speaking for us individually. We're taking a lot of hits. We're facing a lot of retaliation as we speak for speaking out for our members. But when we signed up for the job, that's our job. So next up, I would like to bring Lieutenant Carr to speak to you a little about Internal Affairs. Ramon Carr: Good afternoon. I'm Lieutenant Ramon Carr, 400 Northwest 2nd Avenue. I've been a police officer for 20 -- I've been with the City of Miami for 27 years; a police officer for 24 years. I've been in several units in the Police Department; Robbery, Burglary, as a supervisor, I've been in Homicide, over the Gun Squad. I was over the Cold Case Unit as a lieutenant, over the Communications Section, over Burglary, and I've also served in Internal Affairs, so I chose this section to talk about. When people talk about police corruption, what they're thinking about is the actions that they see that police officers take visually. African Americans specifically have a contentious relationship with the Police Department. African Americans make up about one fourth of the City's population according to a report that was written by the CIP (Civilian Investigative Panel), and of that one fourth, make up more than half of the complaints to Internal Affairs; specifically, African American men. Over the past three years, two of them under Chief Colina, nearly -- Chair Hardemon: May I interrupt you for a second? And it takes a lot for a black male to go to the police to complain about a police officer, I'll tell you that. Mr. Carr: It does. Chair Hardemon: It's not an easy process, right? Go ahead. Mr. Carr: Over the past three years, two of them under Chief Colina, nearly 200 Internal Affairs complaints went past 180 days, as you see on the graph here. In 2017, it was 64; 2018, 115; 2019, it was 13, but that was only half the year. When we did City of Miami Page 24 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 this study, it was just something that we wanted to do to see -- we hear -- we kept hearing that certain individuals' cases were allowed to pass 180 days. And I'm going to read something to you, to tell you why 180 days is very important. So the Police Officers' Bill of Rights says, "Law Enforcement Officers: The Limitations for Disciplinary Action. Disciplinary action, suspension, demotion, or dismissal may not be undertaken by any agency against a Law Enforcement Officer for any act or mission, or other allegation of misconduct if the investigation of the allegation is not completed within 180 days after the date the agency receives a notice, " unless there's some extenuating circumstances, obviously. Our voices are not being heard. Discipline is not happening. Exoneration is not happening. Citizen due process is not occurring. This shows a lack of leadership on the part of the Major who was there, which is Major Ibalmea, and the part of Chief Colina, who Internal Affairs reports directly to. So the smoke and mirrors with the coffee with a cop in the black neighborhood is simply that, smoke and mirrors, because the underbelly of what's occurring in Internal Affairs, where your voices is not being heard, is sickening. Major Ibalmea was allowed to simply just walk away from the Internal Affairs Unit. I know that there was a story that the CIP did, as well, that talked about the 180-day rule dealing with the City of Miami. He was just allowed to just go to another area, and that's going to be important when I continue to speak later. He wasn't disciplined. Chief Colina simply just assigned a new major. And I'm going to read to you why it's important that not allowing that 180 days or the actions of that Major to go unchecked. Florida State Statute 883, Official Misconduct: "It is unlawful for a public servant to cause harm to another, falsify or cause another person to falsify any official record or official document, conceal, cover up, destroy, manipulate or alter any official record or official document, or cause another person to perform such an act to obstruct, delay or prevent the communication of information related to the commission of a felonry that directly involves or affects the public agency or public entity served by the public servant." Any person who violates that commits a felony in the third degree. This is what police corruption looks like if your voices are not heard, if you're not getting due process, if the officers are not being exonerated or disciplined. Our Internal Affairs Unit is operating in a system of injustice. Cases that should be going to Internal Affairs are not going to Internal Affairs, and I have one of those examples I'd like to present to you. Lieutenant Andres T aldes, Omni CRA (Community Redevelopment Agency) funds. He abused overtime; he and three other sergeants. When he was a sergeant, he and three other sergeants abused overtime at an excessive rate. He was allowed to -- he violated the policy 14 times, and the policy that he violated was City of Miami police officers can't work more than 36 hours in one week. He violated that 14 times. In the 14 times he violated it --I'm sorry. Chair Hardemon: Can you repeat the question? Clarifying question. 36 hours total? Mr. Carr: A week. Chair Hardemon: 36 hours of overtime? Mr. Carr: Overtime a week. Chair Hardemon: Of overtime? Mr. Carr: Yeah. Chair Hardemon: Okay. Mr. Carr: 36 hours of overtime a week. Commissioner Reyes: A week? City ofMiami Page 25 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Mr. Carr: A week. He violated that 14 times. That amounts to 200 hours of violations. What he also did, if you look at the chart, it says, "Sergeant versus Lieutenant. " He saved 32 overtime slips as a sergeant, and then once he got promoted to lieutenant, he turned in those overtime slips to be paid at a higher rate. So when we did our investigation, and we looked at the reprimand that he was written, because he was written a reprimand for it. He was written a reprimand for the 14 times, and not the 32 overtime slips. So that means that he got unfair compensation. This was something that should have went to Internal Affairs. The State Attorney's Office should have looked into it, but that didn't occur. What happened was this was this was investigated at the shift level. That means that the -- if he's a lieutenant, that means that the commander, the major would investigate this, but that didn't occur, either. The Chief, Manny Morales, he investigated this, and then went to the Deputy Chief Papier, and then to Chief Colina. Morales wanted 30 hours of forfeiture time. Chief Colina put 10. So what's important about the forfeiture of it may not sound like much, but forfeiture -- ifI have comp time or vacation time, I can just give you 10 hours. I'm not serving a suspension. So this oversight on the part of the Police Department is horrendous. The commander who allowed this to occur, he was allowed to simply just go to another area without any discipline happening. The major was allowed to go -- to continue to be where he's at without any discipline happening. However, you'll see later that that didn't allow -- that wasn't allowed to happen to my wife, Dana Carr, who was demoted from the position of major. So Commander Fernandez, who was allowed to simply move to another area, just like Major Ibalmea was, Commander Fernandez now will be promoted to major and is set to take over the Internal Affairs Unit from what we're hearing. So what I was going to say before the Manager abruptly left yesterday is that the Manager had a duty to ensure that his department heads are operating in a just, criminal -- unjust -- a just and non -criminal fashion, in a way that will represent the City of Miami. That wasn't happening. So I say to you all today that it's incumbent upon you all, when we choose the next Manager that he's not afraid or she's not afraid to hold accountable the department heads, because there's a span of control. "Span of control" means the amount of people that any one individual can supervise. So the Manager's span of control is his department heads. The Chiefs span Of control is his chiefs, and so forth and so on. So we need to pick someone who is astute enough, who's not afraid, who is able to hold his people accountable, because if you don't, this is going to happen. You all have done such a great job with the City of Miami over the last year of building this depart -- our City to bring in billions of dollars of construction. The millage rate is low. The -- we touted a 50 plus year low of crime rating. That's important to all of us, because when I retire from here, I need this place to continue to be solvent so I can continue to get my retirement checks. We need people to continue to come and grow, and be unafraid to come to the City. So if we're not able to -- One of the faces of the City is police. So if we're not doing our job as a collective body and we're allowing this to occur, our City is going to go under. And I'll pass it on now to Sergeant Lindsey so he can speak. Travis Lindsey: Good morning, everyone. I'm Sergeant Lindsey, Sergeant -at Arms for the MCPBA. All right. The MCBPA, along with our members, some of our non- members, both sworn and civilian; also, along with some of our community members feel that there's no balance when it comes to our Police Department as it relates to growth and discipline. There's two topics that I want to talk about. First thing I want to talk about is on February 17, before the Commission meeting, the City of Miami Commission and the City of Miami citizens witnessed Chief Jorge Colina blatantly disrespect one of our Commissioners, Commissioner Joe Carollo, and became the true definition of the word, "insubordination. " As a result, Chief Colina was not terminated. On September 13, 2019, before the Commission, the Commissioners and the citizens watched Captain Javier Ortiz blatantly disrespect Commissioner Joe Carollo in an attempt to discredit his military service. As a result, Captain Ortiz was not terminated. All right. I'm going to take you back a little bit. On March '15, former Officer Larry Hagan exercised his right to a Civil Service hearing to grieve a 120-hour City of Miami Page 26 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 suspension that he felt was improperly enforced upon him. After a decision by the board to sustain the 120-hour suspension, Officer Hagan made an emotional plea for the board to consider the facts in his case. Former City Manager Daniel Alfonso was informed of the board's decision, along with Officer Hagan's emotional plea. On April 21, 2015, without consideration, Officer Hagan was terminated from the Miami Police Department. Okay? Now look at the difference; a City of Miami Commissioner and the Civil Service Board. Now it is our stance as the MCPBA -- and we ask of you, the Commissioners, and we ask the Mayor, the City Manager, please consider these two examples that we give you, because we're asking that Officer Hagan's case be reinvestigated and that maybe he could be reinstated to the Police Department. Moving on. On July 31, 2019, Commander Jose Fernandez contacted myself via text message, instructing me to address an alleged incident involving an officer on our Police Department. On the same date, I followed the instructions given by the Commander, and completed a record of formal counseling against the officer. The picture is up on the board, along with a reprimand. Is that mine? No, put mine. No, go back to the picture. Okay. If you look at the picture, the picture is of a police car. If you look very closely, I -- and wish it could be blown up a little bit -- but there's no way for you to tell if there's even an individual inside the vehicle. Okay? When I wrote the record of formal counseling, the record of formal counseling reads, "On Wednesday, July 31, 2019, I received a text message containing a photo of Commander Jose Fernandez at approximately 12: 25" -- I'm sorry -- "10: 25 a. am. The photo is of a marked police vehicle, the driver's side window tinted, allegedly belonging to Officer Richard Alleyne, whose duty hours that day was 0600 to 1600 hours. The text message read, 'This needs to be addressed right now. The officer is sleeping inside Belle Meade.' The photo does not depict whether the officer was sleeping, nor does it -- nor is there a silhouette of the officer in the vehicle. After speaking with the officer, it is apparent that the Commander never addressed the issue with the officer, and drove off, leaving the officer in an unsafe position, which, in my opinion, was neglect of duty. " The reason I say that is because if the Commander felt like the officer was sleeping, he could have addressed it on the scene. He failed to do that. Yet, he sent this picture, which doesn't tell me that the officer is in the car sleeping. The officer's safety and welfare should have been the Commander's first concern; it wasn't, because he took the picture and he drove off. ChairHardemon: Who did he send the picture to? Mr. Lindsey: He sent the picture to me -- ChairHardemon: Okay. Mr. Lindsey: -- because I was the officer's supervisor. ChairHardemon: Got it. Mr. Lindsey: Okay. It doesn't have a date on it, but a few weeks later, I received a reprimand. The reprimand was because the Commander felt that I was being condescending in the record of formal counseling. Mind you, the record of formal counseling didn't go up the chain, because I've never heard of it again. The reprimand that I received for myself was signed by everyone in the chain of command; Commander Fernandez, Major Keandra Simmons, Assistant Chief Manny Morales, and Deputy Chief Ronald Papier. This is a form of retaliation, because not -- at no point did anyone address the Commander to determine -- to find out why he never even checked on the officer. They didn't address him to find out why the record of formal counseling never made it up the chain; yet, I was written a reprimand, okay? On September 30, 2019 -- ChairHardemon: I have a question for you. Did you ever speak to the officer -- City ofMiami Page 27 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Mr. Lindsey: The officer? Chair Hardemon: -- that was alleged to have been sleeping? Mr. Lindsey: I did. Chair Hardemon: Did that officer deny that he was sleeping? Mr. Lindsey: Yes. Chair Hardemon: Okay. Mr. Lindsey: On September 30, 2019, I submitted a redline memo to Chief Colina. It was basically a rebuttal to the reprimand that I received. I've yet to hear back from Chief Colina. Inside the redline memo -- or the rebuttal -- I asked that Chief Colina please pay attention to what's going on, because the Commander was in violation of several different -- he had several different violations. First of all, he had departmental policies that were violated. He neglected his duty by not speaking to the Officer. He violated Civil Service Rule 16.1, which is abuse of power, and he violated Florida State Statute 112.532(5), retaliation for exercising rights. Again, this memo made it up -- this memo was sent through the chain of command to Chief Colina, and as of this day, I've gotten no response. Thank you. Mr. Jean-Poix: Thank you, Sergeant Lindsey. And one of the last topics I would bring up before I do a few testimonials is, if you recall the last time the MCPBA was here, back in April of 2019, it was a joyous occasion. Commissioner Hardemon, you helped sponsor this resolution in reference to naming the Miami Police College to the Chief Clarence Dixon Police College. And I know some of you have seen the flyer go out that the Chief is doing a documentary on Chief Dixon, but we're insulted. Why? Because the resolution was finalized by Mr. Mayor and the Commissioners unanimously that his name should go up on the wall immediately -- on the building wall immediately, and Chief Colina refused to do it. Yes, we approached him on several occasions. I sent emails. I was excited. We brought it back. I spoke to Mr. Jorge Blanco, I spoke to Angel Blanco. I asked them for a quote. I told them the MCPBA was willing to come up with the money. I said, "This" -- they asked me for the final resolution; I gave it to them. And then I ran into them again. I said, "Hey, what's going on? We need to know. We have outside organizations that are excited; the stakeholders, the retireds are excited. " I asked the two gentlemen, "What's the holdup?" They told me that Deputy Chief Papier said, "It's not going to happen. " So I said, "Excuse me?" I said, "This is a resolution. How can you tell me something like that?" They said, "Well, take it up with the Commissioner" -- I mean, "with the Deputy Chief. " We sent a letter in June to Chief Colina reference, what can we do to get his -- expedite getting his name on the wall? As you know, Chief Dixon is elderly. Time is running out. What can we do to get his name on the wall? Never responded back. We sent emails. Then they told us, "Well, the issue is bond rating, because, you know, the building was built by bond" -- "with bonds; and so, we have to ensure we're not in violation. " I was like, "What does bond ratings have to do with" -- it was already -- "If the Commissioners and the Mayor decided this must happen immediately, what's the problem?" So I had to go back and look at the resolution. I said, "Well, maybe I'm mistaken. " And I'll read it to you; it's there. The title -- this was sponsored by Chief Hard -- I mean Commissioner Hardemon. It states, 'A resolution of the Miami City Commission renaming the City of Miami's Police Training Facility, currently referred to as the Miami Police College, located at 400 Northwest 2nd Avenue, Miami, Florida, to the Chief Clarence Dixon Police College; directing the City Manager to take any and all administration" -- "administrative actions necessary to effectuate the renaming Of said facility. " We are now in January 2020. This was Feb -- this was May 23, 2019; City of Miami Page 28 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 and so, we feel insulted as the black community. So now, you send out this flyer, saying, "Oh, we're going to do a documentary and honor Dixon. " And so, these are some of the things that -- and I can go on forever. But what I did was -- there are a lot Of officers that have complaints, but they're scared to come forward, because they've watched us be retaliated against, but we stood strong. If l may, for a brief moment just bring up three or four people -- oh, I'm sorry. You wanted to say --? Chair Hardemon: Yeah. I want you to bring up those people, but to the City --Deputy City Manager, how long until his name goes on that wall? Joseph Napoli (Deputy City Manager): As soon as possible, Commissioner. I wasn't aware that it -- I mean, Mr. Chairman -- that -- Chair Hardemon: Okay. I don't mean -- when you say, "as soon as possible, " that's not in all deliberate speed. We're not talking a slow -- Mr. Napoli: No, I understand that. Chair Hardemon: --progressive process. Mr. Napoli: I understand that, Mr. Chairman. Chair Hardemon: We're talking -- if we have to go and buy some material out of our own pocket and get it reimbursed with the funds to put it up temporarily until you get the quality of material that's representative of him, we want it up. Mr. Napoli: I got it, Mr. Chairman. Commissioner Carollo: I am glad, Chairman Hardemon, that you gave that instruction, because the answer he gave you, he's not aware -- He, the Manager and the Mayor are aware of everything that's going on, because they're part of the problem with it. I had no idea the scope of the presentation that they were bringing here today. I have to say that I am impressed with the courage that these officers have shown. They are truly Miami's finest, and I compliment you for being here today, and having the guts to do what few -- whether in the Police Department or outside of the Police Department -- have been willing to do for the betterment of the City. They're touching just the tip of the iceberg of what's going on. Now, I'm not going to tell you here today that what they're presenting is institutional racism, or is it racism by a group of Officers, or is it up to the Police Chiefs level. Personally, I don't think the Police Chief is a racist. I think he's one hell of a politician, which is the biggest problem of them all. But I personally -- and I hope that I'm correct in it -- that he's a racist. I think that the problem that we have here is even more institutional racism or a group of people that have that problem. Now, here's a prime example of what I'm seeing. This is a city that is a militarized city. We've had a colonel -- not a manager --for City Manager that thought he was a military governor, running the City of Miami like some outpost in Afghanistan or Iraq; everything was military, and he controlled everything. He brought in a bunch of colonels, and others, so they could cover up for him, and he wouldn't have to work. And the only thing that he had to do was to make the Mayor a strong mayor through the back door since he couldn't get it through the front door, and would let the Mayor violate the Charter week after week, and protect whatever the Mayor wanted protected, like in Wynwood, where it's the worst place where we're having cops getting paid in cash. I even had a report that one of the major people that pays them went to higher-ups within our City and said, "Look, how can you help us? Because we're paying an average of a hundred dollars an hour in cash. " And then when they called them back, they didn't want to talk about it anymore. These people don't have to apply for permits. They're protected from Code violations, from noise violations. We have a major developer out there that built two big buildings, brand - City of Miami Page 29 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 new buildings. And one side of the building, as I am told, they can't rent it, because of the noise coming out, and they can't do anything -- illegal noise -- to shut it down. Chair Hardemon: Commissioner. Commissioner Carollo: But his first cousin, Andrew Suarez, is the one representing all these people and getting the benefit of it. Now, gentlemen, I'm going to be very blunt with you. As Commissioner up here, I am as frustrated as any one of you from what I've been seeing here, and the laughing of our highest official, because they send their individuals that they control, like Iran sends Hezbollah and Hamas to act, and then they laugh, and "I didn't do it; it was them. " But the bottom line is that I'm reaching the conclusion that the only way that some of this is going to be straightened out is by getting the Department of Justice back here, a hundred percent; by getting the FBI (Federal Bureau of Investigation) in here; by getting the IRS (Internal Revenue Service) in here. How in the world can you have a Police Department that, what we know of -- who knows how much is off the books, and I'm going to tell you, there's a lot Of overtime that's off the books that we don't know about -- but at least 20 million a year. And the reports that we're getting from our Auditor General, from our CIP, is that at least 60 percent of that is all cash. Now, I've had the opportunity to speak to some individuals that had been forced to pay officers in cash, because they'd been told, "You want an officer? You got to pay cash. " And they told me they'd never been given addresses, Social Security numbers for the officers. When I say, "addresses, " the department's address; obviously, not the individual officers, or their Social Security numbers. So it's clear to me that no one is paying FICA (Federal Insurance Contributions Act). No one is paying Medicaid; that's about 16 percent in each dollar that's paid. And if that's not being paid, you have to wonder how much of the actual overtime that people are getting is being reported in their income tax returns. Chair Hardemon: Commissioner, I want to -- I need to interrupt you because I want them to be able to finish their presentation. Mr. Jean-Poix: Thankyou. Chair Hardemon: And I know you're at the very end of it. You can -- Mr. Jean-Poix: I'm almost done. Chair Hardemon: -- conclude your statements, and then I know you had some other -- Mr. Jean-Poix: Right. And that's it, and we're almost done. Chair Hardemon: -- but you have the floor. Mr. Jean-Poix: Okay. Thankyou. ChairHardemon: Thankyou, Commissioner. Mr. Jean-Poix: First up, I would like to call up retired Chief Najiy. Is she here? Commissioner Carollo: Can I -- look, can I ask the Deputy Manager, with this whole show of force here -- I've had it, okay? Every time something happens here, the same thing happens. They want to be here? Let them sit down like the rest of the public. This is the way it should be. I don't want you sitting here all military, coming up, a whole show. I mean, this is insulting to the public. It's trying to intimidate these Officers and intimidate the public that's here. Jorge Colina (Chief of Police): Let me just really quick on that, please -- City ofMiami Page 30 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: If you want to bring all these brass with you, they should sit down. Have them sit down. Chief Colina: Respectfully, sir, I've been in that back room since the Commission meeting started. We only came up now because the Deputy Manager said, "Please come up so you can address some of these things now. " I'm fully prepared to allow them to finish and then come up to address the issues. The only reason I've come out -- we're not here to intimidate anybody. I'm this City's Police Chief. I'm not here to intimidate anyone. Commissioner Carollo: Chief Colina -- Chief Colina: I came up because I was directed to do so by the Deputy Manager, solely for the purpose of answering questions; that's all. Chair Hardemon: Commissioner Diaz de la Portilla -- Commissioner Carollo: First of all, let -- Commissioner Diaz de la Portilla: No, let us -- Commissioner Carollo: No. Let me answer him. ChairHardemon: Commissioner -- Commissioner Carollo: First of all, if you want to come up -- Chair Hardemon: --sir-- Commissioner Carollo: -- you come up by yourself or with another officer, and not with 10 officers -- Commissioner Diaz de la Portilla: I think, Commissioner -- Chair Hardemon: Commissioner Carollo, I'm going to recognize this Commissioner. Commissioner Diaz de la Portilla: --I think they should finish their presentation and - Chair Hardemon: Right. I want them to finish their presentation. Commissioner Diaz de la Portilla: And Commissioner, just a suggestion -- ChairHardemon: I appreciate your -- Commissioner Diaz de la Portilla: --let me just finish very quickly; just a suggestion that they finish their presentation. And Chief Colina, if the officers would sit down; like every member the audience -- (MULTIPLE PARTIES SPEAKING IN UNISON). Commissioner Diaz de la Portilla: But they could sit down in the audience. Mr. Napoli: Mr. Chairman, I asked them to come up just because so they -- it was at the end of their presentation. City of Miami Page 31 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Diaz de la Portilla: I understand. But there's no reason -- Mr. Napoli: Thank you. So we'll ask them to go, please, back to the other room -- Commissioner Diaz de la Portilla: No, they could sit down. Mr. Napoli: -- and let them finish. That's fine. Okay. Commissioner Diaz de la Portilla: My suggestion is they could sit down and be members of the audience. They're not here better than anybody else here, so they could sit down. Mr. Napoli: No, I understand that. It's just that this is where people usually stand when they're getting prepared to speak. Commissioner Diaz de la Portilla: Mr. Chair -- Mr. Napoli: That's all. Commissioner Diaz de la Portilla: -- are they all going to speak before this body? I need to know because I want to have this to be civilized. Commissioner Carollo: Absolutely. Commissioner Diaz de la Portilla: I think they should finish it -- they should finish their presentation. I think, in all fairness, Chief Colina should have his rebuttal and all the time that he needs, but I think the police officers should sit down, with due respect for everybody else here; that's all. It's not -- no one here is higher than anyone else, and everyone has a right to address this body, and we have an obligation to listen to both sides, so let's do it in a civilized manner, without screaming, the way this body should conduct itself, the way the public expects us to conduct ourselves, please. Commissioner Reyes: Mr. Chair. Commissioner Diaz de la Portilla: That's what I recommend. Commissioner Reyes: Mr. Chair. ChairHardemon: You're recognized, sir. Commissioner Reyes: I agree with Commissioner Diaz de la Portilla. I think that let's keep it civilized, and let's finish up the presentation, and then any officer, any rebuttal or whatever of any of the officers that came in, starting with the Chief. And you have a presentation. We are here to listen to the presentation, too. See? And I think that this -- settle it and let's keep on going, okay? Commissioner Diaz de la Portilla: And everybody take a deep breath, please, Mr. Chairman. Commissioner Reyes: Yes. And — Commissioner Carollo: Well, Chairman, you most of all understand what that means. I saw it here before once marry years ago, when we had a City Manager that was a former Police Chief that was being fired -- Donald Warshaw -- and they played the same game. I've seen this a few times already, but not with so many officers come up here. This is totally out of line, and should never happen here again -- City of Miami Page 32 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Chair Hardemon: So could -- Commissioner Carollo: -- especially with a Deputy Manager that's on his way out -- Mr. Jean-Poix: Thankyou. Commissioner Carollo: -- thank God. Chair Hardemon: Commissioners, we have the ability to control our -- this room. Commissioner Diaz de la Portilla: We do. Chair Hardemon: We decide if people should stand, if people should sit, if there's capacity. We make all those decisions, so -- Commissioner Carollo: That's why I brought that up. Chair Hardemon: -- you know, so -- you know, what I'm saying to you is that we have the ability to do these things, so, you know, we're going to maintain control as we see best fit. Commissioner Carollo: Thankyou. ChairHardemon: You're recognized. Mr. Jean-Poix: Thank you. I'll be quick. First up, I would like to call Captain Carr and Chief -- retired Chief Najiy. Anita Najiy: Good afternoon, gentlemen. My name is Anita Najiy. I am a retired Deputy Chief with the City of Miami Police Department. I was employed with the City for 35 years. I met yourselves, Commissioner Hardemon and Russell, when I received my 35 year pin. I just want to go on the record in saying that I am supporting the efforts of the MCPBA, and I am here as --for a show of support. Dana Carr: Good afternoon. My name is Captain Dana Carr, and at this time, I'll read my presentation, and I'll introduce myself again in that. So good afternoon, Chairperson, Mayor, Commissioners, Commissioner Ferguson, other dignitaries, active officers and retirees. I would like to thank my family and friends, community and faith -based organizations for coming to support the Miami Community Police Benevolent Association and I in the pursuit of equality and fair working conditions in the City of Miami Police Department. I am Dana Carr, the wife of Lieutenant Ramon Carr, who is the Vice President of the MCPBA and the former major of President Stanley Jean-Poix, as I was demoted to my Civil Service rank of Captain on January 8, 2020. Chief Jorge Colina demoted me the day before last week's Commission meeting, because I supported my husband and the MCPBA, which is comprised of over 300 members, as they attempted to work with Chief Jorge Colina to address the concerns presented today. My husband asked me if he could join the organization's Complaint Committee almost two years ago. I said, 'yes" since several African American police recruits and police officers contacted him to complain about discrimination in the academy during the field training officer phase in the specialized units. Because we know how cruel the Police Administration can be to advocates, as we can see with the show of force today, we prepared for our new reality. We knew we would never be considered for another promotion. We knew we would be subjected to retaliation, and that I could possibly be demoted since I was a staff member. My demotion cost our family $48, 000 a year in lost income, which equates to $240, 000 over five years I have remaining in the Deferred Retirement Option Program, but fighting against police brutality, corruption, internal racism, discrimination and sexism is worth every dime. City of Miami Page 33 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Since some of Chief Colina's staff members went to great lengths to try to keep you from knowing the truth -- Assistant Chief Cherise Gause, Commander Keandra Simmons, Commander Chiquita Butler, and Commander Fabria Ellington -- helped Chief Colina distract everyone from the issues presented here today. They gave credence to Chief Colina's assertion that Sergeant Stanley Jean-Poix and Lieutenant Ramon Carr's complaints about his leadership were because they were upset that black females were getting promoted over black males. Well, I hope my demotion serves as notice that black females versus black males getting promoted is not the issue. Over the past 18 months since my husband and Sergeant Jean-Poix had been fighting for African American equality, I have been a victim of disparate treatment. Latin male Javier Ortiz has been allowed by Deputy Chief Papier to make major decisions in my section. He's assigned to the Special Operations Section, but he was allowed to purchase cars -- attempt to purchase cars in my section, and I didn't know anything about it. Latin male Major Umset Ramos was able to transfer money from my section's budget -- the Property and Evidence Management Section, which I have an amazing staff -- to the Training Section without my knowledge. And also, Deputy Chief Papier circumvented my authority consistently by going directly to my employees and telling them not to tell me anything. I have been the subject of random Internal Affairs investigation as a major where the cases should not have reached my level, and they remain open. This is a tactic to disqualify me from being interviewed for promotional opportunities. Assistant Chief Cherise Gause placed an Internal Affairs lieutenant in the Quarter Master Unit where I already had a lieutenant assigned. This particular lieutenant was one of the ones on the cases where he violated my Florida State Statute 112 rights. He directed me to have the lieutenant split the duties. Now mind you, I don't need two lieutenants in that particular small section. And then I could not give that particular lieutenant from Internal Affairs directives. A few weeks later, Assistant Chief Gause transferred my previously assigned lieutenant two hours after I attended a hostile staff meeting, which was held by Chief Jorge Colina after the MCPBA did the press conference to notify them of the vote of no confidence. Two hours after I read a letter to the staff, because I felt in my spirit that that was going to be a hostile experience, I read that to the staff that I support my husband in his efforts to fight against injustice. My lieutenant was transferred. In that staff meeting, Chief Colina pitted the MCPBA against staff members in general, against female staff members, and also the Criminal Investigation Division. I took those concerns to Internal Affairs Major Armando Aguilar as per our policy dictates, and he closed my hostile work environment complaint against Chief Jorge Colina, Deputy Chief Ronald Papier, and retired Assistant Chief Jackson without interviewing one person. He did not accept my retaliation complaint against Chief Gause, as well. When Chief Gause transferred my lieutenant in retaliation, I sent a email to her, Assistant Chief Gause; Jorge Colina; Police Legal Advisor George Wysong; Police Legal Advisor Juan C. Perez; Asseline Hyppolite of the Office of Equal Opportunity and Diversity Programs; Major Armando Aguilar of Internal Affairs; Major Esther Farmer of Personnel, stating that I wanted Chief Gause to stop the retaliatory behavior, and requested the assistance of all those stakeholders I just named to do so. No one; no one responded to this request, and the retaliatory behavior worsened. Assistant Chief Gause went on to give my senior lieutenant and me direct orders to write Father [sic] Stanley Jean-Poix a record of formal counseling and a reprimand for violations that needed a verbal counseling, at best, to sully his reputation. I requested to speak with Deputy Chief Papier regarding this unwarranted order, and he denied it. I requested to speak with Chief Colina, and he has yet to respond. Since the arrival of the former Internal Affairs lieutenant that Chief Gause put into my section, I have -- I am currently under investigation for some anonymous complaints. And now, I've been demoted. When I was called into the office of Chief Jorge Colina, Police Legal Advisor George Wysong and Angela Roberts were present. He slid the folder to me and told me I can't -- if -- '7 was advised not to tell you anything; if you have any questions to ask them, " meaning Police Legal Attorney Wysong and Angela Roberts. So I have no reason why I was demoted. However, for the anonymous complaint on me, the Internal Affairs interviewed over 40 members of City of Miami Page 34 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 my staff, and I have yet to be called in to give my statement and find out the allegations that have been alleged against me, or to see the evidence. My demotion, I believe, is in retaliation for my support of my husband, and a message to employees to scare them into silence. But I will say to them, do not be afraid, be encouraged, because our voice will only get louder from now. Dr. Martin Luther King said, "Darkness cannot drive out darkness; only light can do that. " So I will become a Fraternal Order of Police Union representative to continue to advocate on behalf -- on your behalf and address your concerns. I want to acknowledge the courage that Detective Ezra Washington and Sergeant Elijah Taylor displayed coming here today and last week. They came despite the threats and put a face to the complaints, and to tell you how the discriminatory acts affect them personally. So they will need our support for the rest of their tenue in the City of Miami Police Department to ensure it's not a hostile experience. I want to give a special thanks to the retirees that have stood with us, particularly retired Chief of Police Anita Najiy, who was the First African American female Assistant Chief in the history of the City of Miami Police Department. Thank you for sharing your stories and providing historical perspective; it's important. Those who ignore history are doomed to repeat it. I will pay it forward and stand with active Officers when I retire, because you will need it. As a result of my demotion, I am now the first female African American Captain in the City of Miami Police Department's history. When my picture is placed in the Black Police Precinct and Museum, I want the caption to read, "Dana Carr was demoted by Chief Jorge Colina from major to a Civil Service rank of captain in retaliation for her support of her husband, Lieutenant Ramon Carr, b ice President of the MCPBA, and her Sergeant, Stanley Jean-Poix, President of the MCPBA, as they fought against racism and discrimination in the City ofMiami Police Department. " In closing, I will continue to support my husband, who is -- who the Administration is currently trying to fire for a 14 year -old injury he sustained off duty. I will join his fight to ensure justice, equality, and ethical policing becomes engrained in the City of Miami Police Department's DNA (deoxyribonucleic acid). Thank you for your time. Mr. Jean-Poix: Next up, Mr. Theo -- Commissioner Carollo: Chairman, can I ask her something? Madam, Major, please come back to the podium for a minute. Sir, ifI could get her one? First of all, I want to apologize to you, because I never would have thought that by placing this item in the agenda -- and frankly, I had no idea that what I was going to hear today was going to be so eye-opening, so -- an expansive professional presentation. I had no idea this is what I was going to hear. But I want to apologize to you if by my actions of placing this on the agenda, it caused your demotion. Having said that, from what I think I understood and heard from you is you were not given any explanation. Ms. Carr: I was not. Commissioner Carollo: But in the meantime, you have this big investigation going on over you. Ms. Carr: Yes. Commissioner Carollo: And they complain -- they have the audacity to complain that when we have asked the Independent Auditor that we can't fire, like the Chief and the Manager could fire anybody they want, that, "Oh, that's a conflict of interest, because he works under you." But nevertheless, this is the game that they play. This is why, when I and my wife were stopped, and I think many of you have heard the story, I was held over 30 minutes that night; given two tickets. And by the way, all the tickets I got and my wife, the judges that we had threw them out. But the two tickets that I found out that I received that night, after 30 plus minutes, I was only given one ticket there; only one. I guess they were waiting for me to say, "I'm Commissioner So -and -So. " I City of Miami Page 35 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 never said that, never would have. And I got my ticket. When I went to get a court date is when I found out that there was a second ticket that I received. And I could not have been at the same light around the same time, one going south, the other going north, in the same intersection, and the light could not have been a regular light that supposedly I ran on one ticket, and the one that they didn't give me said, 'flashing lights. " It was clear that -- to me that this happened, not because of officers that were poorly trained -- at least this is what I believe -- or that they -- you know -- didn't know what they were doing, but it was done so that I would never have found out about the second ticket. If I would have gone and paid it or asked for a court hearing, I only would have done it in one. And then once the State would have suspended my license for the ticket that I didn't know about, they would have been waiting in the computers, so then they could make up a story where they would stop me again and arrest me, and all the TF cameras would be there, that, "Commissioner Carollo got arrested, because he was driving without a license, and look at this man. He thinks he could do what he wants. He doesn't care about the law. " When that didn't work out so well for them, then they went after my wife, and the figured, "Well, this b"enezuelan chick, she's definitely going to fall for our trap, and she's immediately going to say, Ym Mrs. Carollo. " Well, she didn't do that, either. And they gave her two tickets. To her, they actually gave them, two tickets; one was making a left turn with a bicycle, and not stopping for a pedestrian. They told her they had stopped her because she had not stopped for a pedestrian. But the actual ticket that they gave her was that she was riding a bicycle. And by the way, the ticket said, "She was going against traffic in 8th Street. " So I guess it was a big joke. And if you understand some of the Cuban jargon with the bicycles and other Cubans, you would maybe know why they would think it was a joke that they gave her a ticket for riding a bicycle. We went to the courthouse to get a hearing. When we get there, they tell us, "No. She only has one ticket. " I had to ask for a supervisor to find the other ticket. Well, the other ticket, that was for not having proof of insurance, which her card was expired, the insurance card, was not issued to the County until four days later; extremely unusual. So I have to believe that that was done also in that fashion. So she went to ask for a court hearing or to pay. She would think, "Well, they found out I did have insurance; that's why the other ain't in here, " and then she would have been facing the same thing that I would have where her license would have been suspended, and then Mrs. Carollo would have been arrested, and it would have been for me worse to see my wife in the TF cameras than to have seen myself. And these are the kind of individuals that we have here. Now, they'll tell you, "Oh, no, no, no, this is all mistakes, " whatever, "lack of training. " I know better. I graduated from Basic Law Enforcement Class 5. There ain't a single police Officer in this department that even gets close to that in graduation time. And I know most of the games that go on when you have rogue police officers, and we have them here. So I -- my only commitment to you is that I am not going to cower like you. I am going to take this to the end, because this is a much bigger fight than what people have heard just today. And like I said, we need outside agencies to truly come in here and dig through all this, because this goes much further. This is corruption. This is protection. These are some individuals that are thugs hiding behind a badge, and someone's making a lot of money making sure and controlling others that are getting paid off -duty in cash, and there's a tremendous amount of money that all of us -- the US (United States) Government is being cheated on, and we're not talking about just a few bucks; we're talking about millions. So this is my commitment to you. They could come and give me whatever stories. Some of the statements that were made of how I was treated here, I will handle that myself as the future comes along. But I think you've made a tremendous additional case tonight why a majority of us made the right decision in presenting a motion to fire the City Manager, because if he didn't know, then what the heck's he doing as the City Manager? And if he knew, which I most likely think he knew more than not know, he was covering it up, and didn't care, as long as he had his job, could work as part time, have his Police Sergeant -at -Arms chauffeur, 24-7, and could get away with, frankly, not working much, and having a good old life with our tax dollars paying for meals, taking selfies, going wherever he City of Miami Page 36 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 wanted, and didn't have to inform anybody. After all., we were just Commissioners. He only had to worry about one boss. Anyway, thank you. Tice Chair Russell: I'd like to let them -- Commissioner Reyes: Mr. Chair. Lice Chair Russell: -- just a moment. I'd like to let them finish their presentation. Commissioner Reyes: Yes, where I was going. L ice Chair Russell: How much more time do you need for the entire -- Commissioner Reyes: That's what I was going to say. Mr. Jean-Poix: About 10 minutes, just -- L'ice Chair Russell: --10 more minutes? Mr. Jean-Poix: That's it. Lice Chair Russell: And if we could as a body just -- Commissioner Reyes: Yes, definitely. Lice Chair Russell: -- refrain, and when they're complete, we'll have our discussion and complete the (UNINTELLIGIBLE) discussion. Commissioner Reyes: That was going to be my comment; just allow them to finish the presentation, and then if there is any rebuttal or whatever, they -- and we have to provide the opportunity to the Police Chief and his Assistant Chief to answer the allegations, you see. Lice Chair Russell: Of course. Thankyou. You're welcome, sir. Please -- Theophilus William: Good evening -- Lice Chair Russell: --introduce yourself. Mr. William: -- board, Commission and Mayor. My name Theophilus William, P.O. Box 4709. We supposedly serve and protect the people. I don't know really what's going on, because I'm not in that department, but the fight is on in the streets, and the fight is on in the work site. Many employees are distressed, burned out, high blood pressure. When do the fight start -- stop? The Mayor, you was appointed. You was in the community, asking for votes. It's under your supervision, and I'm hoping you get the opportunity to resolve this problem within this Police Department, because we got so many people and kids killing each other. Fall always say on national TF, "See something, say something. " We see it, and when we say it, we get punished. I'm a 41- year veteran ofMiami-Dade County. I know what it's like all over this County. I can't say what side wrong or what side right, but it should have came where both parties to the table to resolve this problem within before it got out. Y'all in the middle of a MLK (Martin Luther King) Parade, and the Super Bowl, and this is a stage show. This is embarrass to us and the taxpayers, and I could feel the frustration of everybody. I'm not taking sides, but if you're the leader of a department -- we can agree on and disagree on a lot of things. It's the way you handle it. A promotion for -- it's a space for everybody to be promoted, whetheryou're leaving in retirement, or coming in. This right now, what Ms. Carr -- and I work with her in the City when the violence was City of Miami Page 37 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 going on; beautiful person, very beautiful person. You can call on her. You can call on many of our officers. Some of them know it's wrong and some of them know it's right. Employees not going to speak out. Employees the one on the line doing the work for us. Management get the credit, because the people to the bottom is doing the work. But where do we draw this line? Because everybody can get up there and say, "Oh, this one here, " and pointing hands. I'm not pointing hands. I'm coming to the facts, because right now, what we see -- you wonder why our kids are fighting. They fight, and they go home with this fight. Demote this lady like this didn't make no sense. And Management, if you're in top management, and it start with the Manager, if this come to a budget situation and you had to down -size the department, you have to send that letter, meet with that director and say, "I want to do that. " I been there, done that. But you don't demote a person because it's a problem within the department. And I know many womens [sic] has been abused by mens [sic]. I'm a man, but you're not going to abuse my sisters and brothers, and bully them, like they're doing. And some of these women know this. We got a problem with bullying in the jobsite and domestic violence, but we have mens [sic] that not going to stop it. So what happened to her should never happened. If you wanted to move her out of that department, you could have put her back on the streets with her title. This thing is personal, because if the husband sitting in a position, she ain't got nothing to do with it. Attack the man, pull him in, say, "Let's resolve this problem. " We can do this within before it even had to come to y'all. This is a showcase. Everybody walking in here today got something to say. But they ain't say that they going to give this lady her position back. I would like to know why. I would really -- know why. And we got this thing called First Amendment, freedom of speech. If we can't speak, who going to speak for us? Because we keep hiding behind these doors and closet, and knowing people doing damage to us. I can't say what's going on in our City, but I'm going to say this before I leave. I remember when Exposito was here. Me and Dennis Bryant, when the killing was going on in Overtown, me and Dennis Bryant and (UNINTELLIGIBLE) Moss done sat and said and said that the temperature is rising. The temperatures are rising. The morale is gone. How can you bring it back? And whatever going on -- I know all them mens [sic] over on the right and the left got on these uniforms. Sometimes we got to put your personal issues to the side. But one thing we did with Exposito -- he didn't want to listen. I asked him a question. "You can take the hits now or you can take the hits later, because you got to face that public. And when that public start bashing you, what you going to do? You can't say nothing, because it's under investigation. Bring the family in. Let them see you face to face. " It took us six hours to do a press conference that he was going to talk to the family. It was a lot of criticizing. The former Mayor sat with us. We talked with them. You got to learn how to come together and work together. It's some misunderstanding, but you can work through them. It's one thing missing in this whole bowl, because I seen a sideshow here last time. Oh, it wasn't good. When I walk in here, I see one thing sitting there, the City of Miami, Florida. We -- "In God We Trust" should be right next to that, because who can you trust? Who really can you trust? Politician is a game that when they get votes, they forget who gave them the votes. It's for their friends and buddies. It's going to be what it is, and y'all can't stop what's going on now. And if you in a parade, and y'all marching together, looking -- that's a beautiful thing. But what happened? What really went wrong with this department? See, you got to weed the gangsters out, and the thugs, and the thugettes [sic], if that's what they want to be. You got to be a grown man and a grown woman to run this department, because when we leave, them young kids going to follow that leadership, what they doing; that mentality in there, they going to do the same thing. And I know a lot of employees want to speak and tell this board and the Mayor, open up a forum to talk to all your people, what out -- bring out everything that's burning up inside them, but communication is the most thing you do. A mind is a terrible thing to waste, and it's wasting this department, and our tax dollars, because of what we see, a sideshow. And I'm hoping that many of y'all today -- and I'm hoping the Chief of the Police Department stand up tall. Give her her position back, even if you have to give her another space. But you the leader. I can't knock City of Miami Page 38 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 him, because I don't know him, but he got to watch his surroundings. I'm going to give it to you real, because what next to you don't mean nothing to you. They can -- them snakes can get you now, because they want your position. But I'm going to leave this with y'all, and I say this: It's three womens [sic] --four womens [sic] in my life: My mother, my grandmamma, and two most important person that took me by the hand and showed me -- I was a former NACB Executive Board. I don't even know where they at today, if they even exist -- Ms. Carolyn Boards (phonetic) took me by the hand and Ms. Dora Obizi (phonetic), the President -- State President. Right now today, I still stand with them, because they was (UNINTELLIGIBLE). And I'm going to leave this with y'all right now. Ms. Carolyn told me one time -- the only time -- every time I went to complain to her, she told me to get out her house. I looked at her. She say, "Get out my house, because every time you come with a complaint, I told you to write the letters to each one of them Commissioners. You will get his respond. " But, see, the Mayor and y'all got to open the doors to hold a communication; not with the Assistant Director, because the Assistant Director didn't ask for votes. You asked for votes. So I'm hoping --you got to bring all this to an end. This over your head, Mayor. You the biggest man running the City, so I'm hoping you and the Manager -- because y'all need some BC up in here. Everybody fighting right now. But I'm asking you, (UNINTELLIGIBLE) today, give her her position back. If it don't happen, we have to take the streets. Thank you. ChairHardemon: Thankyou, sir. Edwin Gomez: Good afternoon. My name is Edwin Gomez. I'm a 40 year -- actually, I'm a 40year resident of the City of Miami. I lived on and off in the City of Miami for 40 years. Currently, I'm a 22-year Police employee. I'm a Police sergeant; one of the most senior Police sergeants in the Police Department. Although I grew up -- actually, I was born in the United States, and although I grew up here in the City of Miami, I can't help but to feel like an illegal immigrant when I come to work; that's the way some of us are treated. I have no relationships with anyone here in City Hall. I'm not related to anyone in the Police Department. I've considered myself a low-key, hard worker. I spent 22 -- most of the 23 years that I've worked in the Police Department have been in the proactive side of police work. That means most of my career, I was out there chasing criminals. I've done hundreds of cases of violent felons. And I've asked for nothing. I've never asked for a pat on the back, never asked for an aware. I've never been up here. I've never met any of you. All I've asked is to be treated fairly. And the problems that we're having right now, some of us aren't being treated fairly. Some of us are being retaliated against. Around 201412015 -- I'm a FOP member. I'm actually a MCPBA member, as well. And the reason I'm an MCPBA member is because, as a child, I grew up behind the Bobby Maduro Stadium in Allapattah, and I recall seeing the smoke and fires during the McDuffie riots. Funny thing is about being poor in this city is when you're poor, your race doesn't matter; your national origin really doesn't matter. Your neighbor, doesn't matter where they're from. You're just all trying to make a living. And now that became a police officer 22 years later, I've seen some things that are troublesome. Most of our problems surround one particular individual, which you've heard up here is Captain Javier Ortiz. In 2014, some supervisors got together and we tried to impeach him, have him removed from the FOP. We were met with opposition. I wrote an impeachment letter. Members from the Internal Affairs Unit actually helped me write that impeachment letter that outlined a lot of lying, a lot of the problems, a lot of the racial issues. But we couldn't get rid of him, because we didn't understand that his political connection was a lot higher than what we expected. Last year, he tried to retaliate against me by having me fired. He coordinated an incident that I outlined in a redline memorandum to the Chief of Police. I spent 800 hours, paid by the City of Miami, to sit at home, because I was relieved of duty at his order. Now after writing this redline memorandum outlining the issues with that incident that include perjuries and Javier Ortiz's involvement, his involvement was left out of the discipline, and the Chief of City of Miami Page 39 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Police still -- they still wanted to discipline me. But the issues now is -- like Larry Hagan, who was here -- an ex police officer -- is now if you fight, you're disciplined, and you come to Civil Service, the City Manager can overturn it and have you fired, so you're going to have to take that gamble, and they know that. We also fought the promotional exams as Jean-Poix mentioned. Javier Ortiz lied in his application for the promotion. 17.1 of Civil Service Rules states that you can be fired for lying on an application. We fought the lieutenant's exam here in Civil Service, and we won unanimously, but we know that means nothing, because, again, it goes to the City Manager. The City Manager can once again rule against it, and we've got to spend years in court fighting these exam issues that are constantly -- every year, there's problems with the promotional exams. And some of those things can be fixed really easily, and I ask that you please request the finding of facts of the promotional exam for the lieutenant's exam. I'm asking that you please request the redline memorandum and the impeachment letter that we wrote on Javier Ortiz. Please request that from the Chief of Police and read it for yourself, and tell me that there's not some serious problems there being ignored. There was a officer -- a supervisor here that was fired recently for making anti-Semitic remarks. Who was that supervisor working under? Captain Javier Ortiz, who has his own racial issues. We have a problem in this country right now with these white nationalist issues that continue to come up. Javier Ortiz appears to promote some of those same sentiments online, and he gets to come to work with a badge and abuse citizens, police officers, retaliate against us for speaking out. There's serious problems here, and I'm asking you to please look into them. Thankyou very much. Mr. Jean-Poix: Thank you. In closing, black officers are treated worse than their peers because of who they are, not what they do. Chief Colina and Deputy Chief Papier have failed to carry out their obligations in making decisions that our members feel are detrimental. Chief Colina and Deputy Chief Papier have no solutions to our problems. They have ignored, delayed, denied the MCPBA's concerns. The MCPBA no longer has confidence in Chief Colina and Deputy Chief Papier. The MCPBA is calling for a vote of no confidence in Chief Colina and Deputy Chief Papier's administration reference disparity of treatment of black officers and incompetency of staff. Thank you for allowing us to be heard today, and if you have any other questions, I will close. Chair Hardemon: Okay. Mr. Jean-Poix: Thankyou. Chair Hardemon: Thank you very much, sir, for your presentation. What I want to do is this, board members: One name that has been ringing quite often during the last presentation was Javier Ortiz. This is Javier Ortiz. And so, I know that the Chief has something that he wants to say. I have no idea what it is that he wants to say. I have no ideas what it is that Mr. Ortiz wants to say. However, you know I'm all about fairness. There's obviously a lot of things that need to be addressed. I don't know if we're going to be able to completely address it today, but if there are issues as outlined by the MCPBA -- I know you didn't close with surmising it all, but it appears to be in regard to the treatment of black males, especially, but African Americans throughout the department, from promoting to discipline, and to -- and also, retention and recruitment. And so, that's some of the issues that it appears to be that you're really tying it down to. It does not -- there are -- inside of your presentation, there were things that were said about individuals; and so, being that this is one of those individuals, I just want to give him an opportunity to speak to us. And so, if that's not objectionable, I've give him five minutes to address this body, to hear what it is that he has to say to us. Commissioner Carollo: Mr. Chairman? City of Miami Page 40 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 ChairHardemon: You're recognized, sir. Commissioner Carollo: I want to make it very, very clear; he is to address anything that was put up there that was related to him. If he starts attacking individuals personally, and with the usual rant that he comes up here with, I am going to immediately ask that he be cut off, and I'll make the motion, if need be. ChairHardemon: Okay. Commissioner Carollo: Now, further, I'd like to find out, since he's here all the time, who is he speaking on behalf and on what time is he hereunder? Is he off duty? Is he on duty? Is he in some kind of FOP time? If it is, is it State? Is it local? I'd like to get those two questions answered. Javier Ortiz: Is that -- ChairHardemon: Through the Chair. Mr. Ortiz: -- included in my five minutes? ChairHardemon: No, itisnot. Mr. Ortiz: Okay. ChairHardemon: Through the Chair. Mr. Ortiz: Hi, everyone. I'm not here as a captain or a lieutenant or sergeant. My name is Javier Ortiz. I'm here on behalf of the Florida Fraternal Order of Police, District 6, as well as the Miami Fraternal Order of Police, regarding the other questions that you have. The executive board has unanimously given me FOP time for every Commission meeting to infinity, so you'll be seeing me a lot. Commissioner Carollo: Which executive board is that, if l may ask, the State or --? Mr. Ortiz: Miami Lodge 20, 710 Southwest 12th Avenue. Commissioner Carollo: Okay. I see the president is back here. Mr. Ortiz: That's the vice president. Commissioner Carollo: Oh, vice president? Mr. Ortiz: Um-hm. Commissioner Carollo: Can someone tell me if that's correct or not? I just want to get it on the record. If he's here representing the FOP, the local lodge, is he on your time? Matthew Reyes: He is --yes, he is. He is on our time. Just for the record, it was not a unanimous vote, butyes -- Mr. Ortiz: You're right, (UNINTELLIGIBLE). Mr. Reyes: -- he is here on our time. Excuse me? Mr. Ortiz: Yeah, you're right. City of Miami Page 41 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Mr. Reyes: Just being fair. But, yes, he is representing Miami Lodge 20 today. Commissioner Carollo: Okay. Thankyou. Todd B. Hannon (City Clerk): Chair, I'm sorry; the speaker's name? Mr. Ortiz: That's Matthew Reyes, the vice president, FOP, 710 Southwest 12th Avenue. Mr. Hannon: Thank you. Mr. Ortiz: Any other questions or that's it? Commissioner Carollo: Well, I'm assuming you're going to answer the others, what race you are, but, you know, if you don't answer it, I might ask you. Mr. Ortiz: No, I will. I'll answer it. I'll answer those questions, and do my best not to make this aboutyou; because somehow, it always does. Chair Hardemon: We could set his five-minute timer now. Mr. Ortiz: Thank you, Mr. Chair, for this opportunity. I didn't know I was going to speak today, but apparently, I'm a topic of conversation. And I just want to start off by saying that unlike the MCPBA, we represent everyone. We don't compare our members to the KKK (Ku Klux Klan), as the pastor did, representing in support of the MCPBA. And when it comes to representing members, I personally represented Larry Hagen. I think Larry Hagen should come back I hope his case is revisited, because it's a travesty what happened to him. And I'm sure, if you asked Mr. Hagen, he would tell you the same thing. There's a newspaper article that's being passed around about, you know, the fact that not enough blacks are being hired here, but when you read the actual article, it's five years old, and it has nothing to do with Miami. As far as Captain Carr, she loves to -- you know, she loves to call me a Latin male. I'm a black male. Yes, I am. And I am non -Hispanic. I was born in this country. I never went to Cuba. I never went to Spain. Really, and again, I didn't put this speech together. This is who I am. To the point that I have an American flag tattooed on my leg, because I would bleed and I would die for this country. You Zl never see me with any other flag. You don't know the makeup of my race or ethnicity. You don't know anything about me. And just for the record, the Civil Rights Act of 1964, it's all voluntary. I don't need to give you any information or tell you who I am. And it's sad that on this day and age, we're still talking about it. As the MCPBA can tell you, I didn't benefit from anything from that. That's how I feel. That's how I feel, and that's the bottom line. So I don't know why you keep on kicking a dead horse that got investigated years ago. Investigate -- bring the DOJ, bring everybody; you're going to be surprised what they already told the City. She made some allegation that I was trying to purchase cars; that I had nothing to do with that. She obviously doesn't know what she's talking about. She was always hiding in her office. I run Homeland Security. I run the Shield Program, and there's grant money that was going to be utilized to purchase vehicles, which at the end, we ended up purchasing. As far as Lieutenant Carr, he's got his own hidden agenda. Shouldn't even be a police officer here -- I'll say it -- because he got injured off duty; got hit by a golf ball. They let him keep his job; let him keep his job as a sergeant. They let him allowed to be a lieutenant. He's just upset that he's not a staff member. And Sergeant Jean-Poix -- and we had this conversation, and I even asked him when he was going to come at me. Commissioner Carollo: Hold on. Look, here we go again. Mr. Ortiz: No, we're -- listen. City of Miami Page 42 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: He's going right at every -- Mr. Ortiz: Come on. Commissioner? Commissioner Carollo: -- officer, trying to attack them -- Mr. Ortiz: Attack them? Commissioner Carollo: -- and not addressing what was put up there. That's what he needs to address. Mr. Ortiz: I am addressing everything that was put up there. Commissioner Carollo: Chairman, he needs to address -- he's going, attacking individuals. He needs to address what was brought up, not the attacks. So I submit to this Commission that either he directs himself to what was brought up or he stops talking; one or the other. Chair Hardemon: So I'll say, he's addressed the fact that he's a black male. He's addressed the fact about the allegation that Carr made about the vehicle purchases. It appears that he is doing that. One thing that had not necessarily been a part of it was the injury to Carr. Other than that, I couldn't see why -- the relevance to Carr, besides just to attack Carr, but if -- Mr. Ortiz: But it's my -- I'm sorry. Chair Hardemon: -- but I want you to be able to finish your statement. Mr. Ortiz: Sure. Chair Hardemon: And so, you know -- Mr. Ortiz: I'll get back on it. Chair Hardemon: Thank you. Mr. Ortiz: Thank you, Mr. Chair. So Sergeant Jean-Poix, who was the one that made the presentation, making false allegations that I had posted this picture in this cartoon of Trump. No, I didn't make that of Trump, that gay picture of me with Trump. No, I didn't make that picture. The cartoons that was in Miami Times, people put pictures of me all the time, all the time. So I had asked him that if he was going to make a presentation, to make it factual. Of course, that didn't happen, because we need to sensationalize it. You know, some of you really give me a lot of power, a lot of clout. I mean, you guys would think that have this ultimate power over the City ofMiami, and I'm this -- it's incredible. I'm a civil service employee like anybody else, and I represent our department with pride, leadership, and I do a lot of good things for our Officers. As far as Edwin Gomez, he's a documented coward. He ran away from a fight years ago. Commissioner Carollo: Whoa, whoa, whoa, whoa, whoa. Mr. Ortiz: He is a -- Commissioner Carollo: No. Look -- Mr. Ortiz: -- he was substantiated for cowardice -- City of Miami Page 43 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: Hold on. He is making -- Mr. Ortiz: -- by the Miami Police Department, and once he got his suspension -- Commissioner Carollo: -- a statement -- Chair Hardemon: No (UNINTELLIGIBLE). Commissioner Carollo: -- calling people coward and stuff, and this is exactly what I'm talking about. Commissioner Diaz de la Portilla: He was substantiated -- Commissioner Carollo: If he's coming to address direct charges against him, let him make it, but every time he comes up here, he comes to play this game; just like when the Manager got him up here to come and attack me -- mMr. Ortiz: The Manager didn't get me to get you or nothing. Commissioner Carollo: -- and the Mayor -- ChairHardemon: Hold on (UNINTELLIGIBLE). Mr. Ortiz: Sorry. Commissioner Carollo: -- they got him up here for that, it was the same thing. When he comes to attack others, it's the same way. Let him address anything related to him without attacking people in the fashion that he's doing. Chair Hardemon: Okay. That's your second time -- Mr. Ortiz: Thank you. Chair Hardemon: -- that the Commissioner has asked you to make that, so -- Mr. Ortiz: For the record -- ChairHardemon: --there won't be a third. Mr. Ortiz: -- I'm my own man. Nobody sent me here; nor did the City Manager. I am my own man. Commissioner Carollo: That's right. And you're your own black man, I know. Mr. Ortiz: Yes. Commissioner Carollo: I've heard. Yeah. Mr. Ortiz: So now I'm being attacked. Commissioner Carollo: Yeah. Mr. Ortiz: I did recommend for the sergeant to be relieved of duty. It was involving a felony battery of someone on some boats that -- with Fish and Wildlife. I didn't even know it was him. I got a call from a Fish and Wildlife lieutenant that they were not getting assistance from the City of Miami Police Department. It was a felony that was City of Miami Page 44 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 caught on video. He refused to make the arrest. I contacted Lieutenant to go out there. Lieutenant told me what was going on. I told him to relieve them of duty. I didn't even know who it was at the time. And they weren't relieved until the next day. And by the way, that person that got arrested for felonry battery ended up getting out on bond, and the next day, he sliced his girlfriend's ear off with a sword or a knife or a machete or something. So I really don't know what he's talking about, impeachment and all of that. Anyway, in closing, we represent everybody. I represent everybody. Regarding the anti-Semitic cop, Robert Destephan, that was terminated, I don't agree with anybody that he did. It was completely wrong. I have a lot of support, and I support the Israeli and the Jewish people. Half of my family is Jewish. Probably didn't know that either. Commissioner Carollo: So you are -- Mr. Ortiz: But I will tell you that the Miami Police Department does not have the issues that some are trying to construe. Thank you. Chair Hardemon: I have a question for you. Mr. Ortiz: Sure. Chair Hardemon: When you -- I understand -- I'm surprised that you said it on the record, but I'm -- but now I understand. So you classify yourself today as a black male? Mr. Ortiz: Yes. Chair Hardemon: When you applied for the Police Department, did you classify yourself as a black male or a white male at the time? Mr. Ortiz: I think I put white male. I don't know if I -- well, I know I put white male, but I don't know ifl put Hispanic. No, I know. Listen, I know who I am, but it's also to make -- Commissioner Carollo: Did you -- you put down Hispanic male. Mr. Ortiz: I'm sorry? Commissioner Carollo: You put down Hispanic male, didn't you? Mr. Ortiz: Okay. Well, you're telling me that's what I put. You're asking me for birth certificates and all that. I'm telling you who I am. I'm telling you who I am. I stand by it. As a man, I stand by it. Commissioner Carollo: But when did you have this, you know, coming -with -God moment that you were black? When did God tell you that? Mr. Ortiz: Well, I learned that there's people in my family that are mixed and that are black. Commissioner Carollo: I see. Mr. Ortiz: And # you know anything about the "One Drop Rule, " which started in the 20th Century, which is what identifies and defines -- How you're doing? -- what a black male is or a negro, you would know that if you have one drop of black in you, you are considered black. So you're probably black, too, Joe. City ofMiami Page 45 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Can we do a DNA (Deoxyribonucleic Acid) on him? Mr. Ortiz: Joe, you're probably black. Chair Hardemon: Everyone? Commissioner Diaz de la Portilla: Can we do a DNA test on him and then (UNINTELLIGIBLE)? Chair Hardemon: Let me say this. Commissioner Diaz de la Portilla: That way we solve the issue. We'll know what percentage in the Me 23, whatever it's called -- 23 and me. Chair Hardemon: It's been along time -- Commissioner Diaz de la Portilla: I'll pay the 99 bucks. Chair Hardemon: --since law school. Commissioner Carollo: The -- Chair Hardemon: It's been a long time since law school, right? Was it Plessy --? Lawyer -- where are the lawyers in the building? Was it Plessy versus Ferguson that kind of created this rule of the drop of black -- I don't -- Plessy versus Ferguson was eventually overturned, I believe, and it is used --just so you know this. Plessy versus Ferguson is really used in a way that demonstrates that black people were treated improperly, if you will, for being black. I mean, Plessy was a black -- was a -- Anyway, I'm not going to get into a lesson on Plessy, but it's -- Mr. Ortiz: Oh, then I'll keep putting "black. " Chair Hardemon: Let's just -- okay, let's not talk about the degree of blackness that makes you black Mr. Ortiz: Oh, no. You're blacker than me. That's obvious. Chair Hardemon: Yeah, I imagine. Commissioner Carollo: The -- Chair Hardemon: I could imagine so. Okay. Thankyou. Yourfive minutes -- Mr. Ortiz: Thank you. Chair Hardemon: -- have expired, and I'll recognize the Chief. Commissioner Carollo: Well -- Jorge Colina: Good afternoon. Jorge Colina, 400 Northwest 2nd Avenue, Chief of Police. So there's a lot of things that have been said. I'm going to respond to some as directly as I can, and then we have a presentation I'd like to make as well. I think it's easy to look at the surface of something and pick a couple of points that you feel will help you present your argument or fit your agenda or what your wants are, and then City of Miami Page 46 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 present them as fact, but I think it's incredibly important that we look a little bit deeper and we examine everything from top to bottom, and then make a decision about what does it mean. I find it -- a lot of the things that have been said here today disturbing, primarily because a lot of the things said here are either misrepresentations or disingenuous. And let me just start -- and I apologize for bouncing around, but I just scribbled notes as the members spoke. Quickly on Chief Dickson. February of last year, we promoted -- or not promoted -- graduated an officer who was the granddaughter of someone who worked with Chief Dickson. Chief Dickson came to the Police Department. I saw him in the audience. I invited him to my office. He is a historical figure for us, because he was the first black Chief of Police. I gave him a badge. I gave him a new identification. He relayed to me how happy he was to be invited back to the Police Department, because it has been marry, many, many years since he had been invited there, since he had been given an ID (identification), since he had been given a badge. Back then is when I thought that it would be a good idea, while he's alive -- and not that I'm -- want to send him home -- but while he's alive, to make a documentary, showing everything that he lived, what he endured, and how he was able to overcome his obstacles and rise to the level of Chief of Police. That was back then. That documentary probably took six, seven, eight months to put together, and now we're ready to show that, and I'd be more than happy if all of you came and joined us while we see that documentary. In terms of naming the college, as you recall, Commissioner Hardemon, you and both the Mayor asked me, "Listen, is there any hesitation in naming the college after Chief Dickson?" And my immediate response was, "Absolutely not. I think it's -- "that's a wonderful idea, " because, again, he is a historical figure. His name being on that building has not happened yet; not that it has anything to do with a bond rating. It's because that was built with bond money, and there are very specific rules on once something is built with bond money of what you can do and what you can't do. So what we did was we turned that over to the City Attorney's Office. It does not matter to me. I would be honored if that name can go up there today. If it would have gone up three months ago, six months ago, that would have been wonderful. That makes no difference to me, because I am a proponent. I have no problem when the MCPBA came to me and said, "Why is this taking long? We don't understand. Is it a matter of money?" Absolutely not, it's not a matter of money. Absolutely not. It'd be very easy to go find --first of all, I don't even think it would be expensive, but it would be very easy to go find a sponsor, even a Commissioner, to pay for it. No problem. The issue is that it's in the hands of the City Attorney's Office, because there are some legalities that they need to make sure they cover before they take that step. We've even spoke in our staff meetings about maybe we can circumvent that by naming something inside the college, at least temporarily, while this is happening; the "Chief Dickson Auditorium, " for example, for example. But certainly, this documentary did not just come about now; this was hatched 9, 10 months ago, and it's taken this long to produce. We're ready to show it, and that's that -- that's all that is. I am a proponent of putting his name on there. Because of everything that Chief Dickson has seen that's been coming up, and these allegations that he's made, he wrote a very nice letter that he sent me a copy of, telling me how grateful he is for the way that I've treated him, but everything that he has seen happen in the Police Department and a lot of the decisions that have been made and the actions that have been taken, and I'm very grateful for his support, Chief Dickson. Ezra Washington, that was one of the names that was mentioned here. I am very fond of Ezra Washington, and I think he's a fine investigator. His transfer from the Homicide Unit and his complaint was presented side by side as to conflate the two and make it seem that these two things are related. Ezra Washington, someone left that picture on his desk, which is the cover of a Nigerian movie. There's dozens of those that are very similar from, I suppose, dozens of Nigerian movies that have been made. I don't know if that's offensive to someone or not. It could be. I'm certainly not going to tell someone what they can or cannot find offensive. He had a right to make a complaint, and he did. He made his complaint here to EODP. I'm just going to read quickly -- that says, "After taking copious notes of those directly aware of the situation City ofMiami Page 47 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 and conducting a thorough investigation of the facts as they were ascertained, the case of discrimination based on color, race, sex, gender, et cetera, cannot be substantiated. That was the findings. In addition to that, Ezra Washington met with the major in charge of labor. They discussed the issue as well. Ezra Washington was transferred from the Homicide Unit. He was transferred from the Homicide Unit, because he did, in fact, have an inappropriate relationship with a girlfriend of a man who's sitting in jail for murder. He's the lead investigator in that case. That case is still open. A complaint was made by that defense team. You don't have to take my word for it. You can listen to the statements in Internal Affairs. They have the text messages that went back and forth between the two of them. They have that. They have Ezra Washington's own statement, admitting that he understood that this was wrong, and he wish it wouldn't have happened. He was apologetic. He did not want to be transferred out of the Homicide Unit, and I understand. He's a very good investigator. And I understand why he would not be want -- want to be transferred. But that is the reason why he was transferred, because he has now essentially jeopardized a capital murder case. That's the reason that he was transferred. It had nothing to do with his complaint. Nothing. Several examples were given of racism being tolerated. A video was shown of the FOP vice president with a Bible, throwing it -- I did fire him, and the interview that you saw was accurate. That was obviously derogatory, offensive, and in my opinion, that action was anti-Semitic, and that's why I took the action that I thought was appropriate. We had an incident in Overtown where there was someone laying on the ground prone, which very clearly to me, very obviously was not offering any resistance whatsoever. The person that was on the ground was black. A Hispanic officer comes and kicks at his head. In the video, it looks like he made contact. Ultimately, we realized he did not make contact. It made no difference to me. That was an act of what I deemed excessive force and inappropriate action against someone laying on the ground, who has already surrendered himself. It took me about 11 minutes to relieve that officer of duty, and immediately forward that to the State Attorney's Office. I fired that officer. I have his arbitration on Tuesday. I will be prepared to testify there. That is the action that I took on that officer. It didn't matter to me that he was Hispanic, and it didn't matter to me that the man that was lying on the ground happened to be black. What mattered to me was the action that was clearly depicted on that video. And so, I fired the officer. Let's speak -- just for a moment, I'd like to address a couple of other things oflnternalAffairs, and there was a lot that was said, but I do want to cover a couple of things. There was some figures that were given about going over 180 days. Those figures are not accurate. The MCPBA made a public records request for cases that have taken more than 180 days. That's the information that they were given. I don't believe that they realized that just because a case goes over 180 days that that is now a violation of the officer's bill of rights. If a case is tolled -- if there's a complaint against you and you're deployed for example, that case is tolled. So that case may last 240 days or 400 days. That does not violate that officer's bill of rights. That case is still able to investigate. If it is a criminal case -- obviously, sometimes criminal cases take very long. They could take year. They could take a year and a half- could take nine months. That does not fall within that 180-day rule. Those figures that were given were every case that went over 180 days; not cases where there was a 180-day violation. Those are very different things. Commissioner Carollo: Chairman -- ChairHardemon: Yes. Commissioner Carollo: -- can I -- on that topic -- ChairHardemon: Yes. Commissioner Carollo: -- can I ask the Chief a question? City ofMiami Page 48 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 ChairHardemon: Yes. Chief Colina: Sure. Commissioner Carollo: Out of those cases, Chief, whether it's 180 or -- excuse me -- 200 plus, or whatever it is, do you recollect one case with then Captain Javier Ortiz that went over, and it was dismissed because it was over the 180 days? Chief Colina: That may be, sir. I don't -- without looking at it specifically, I couldn't tell you. Commissioner Carollo: You don't remember that the CIP (Civilian Investigative Panel) received information that that was exactly what you and the head of IA (Internal Affairs) were going to do, and they had requested of you to testify and give them statements, and you refused to do it? Chief Colina: Sir, I haven't refused providing CIP statements. Commissioner Carollo: Well -- Chief Colina: I'm not familiar with the exact case that I'm -- certainly will need to look at it again. Commissioner Carollo: What -- Chief Colina: I'm not familiar with the case that you're referring to. Commissioner Carollo: And then they started an investigation precisely on that, and sure enough, how it ended up was that everything was dismissed on Captain Ortiz while he was on probation as captain, because he was not able to be interviewed, as I remember, and he was unavailable, and the 180 days passed. Assistant Chief, if you got anything to say, please go to the mike. Chief Colina: He's just making a clarification that we believe -- but we'll confirm -- that that happened under Chief Llanes, and that's why I'm saying, I'm not sure. I'm not saying that you're incorrect. I just honestly don't know. Commissioner Carollo: Well -- Chief Colina: I will look at it, but the deputy believes that that was probably under Chief Llanes. Commissioner Carollo: -- again, what I was sent -- this is some time ago, so I'm going from memory, but it was last year, and it was under you, and you were the Police Chief on that. Mr. Ortiz was not promoted -- Chief Colina: I think I know what case you're speaking to, sir. Commissioner Carollo: -- to captain until around --just a few weeks before you were made Police Chief. So it had to have been you if -- Chief Colina: There was a case in Internal Affairs where Captain Ortiz was the principal officer. The complaint was made against him. It is my understanding that that is a case that he would have been substantiated on, a case that was -- I don't want to call it a minor complaint, because all complaints are important, but certainly an administrative one, where the Internal Affairs investigator made an error, and because he made an error, we were not able to discipline Captain Ortiz. What I did in that City of Miami Page 49 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 case, sir, is that that investigator was reprimanded, and he was transferred from Internal Affairs, is the action that took. Commissioner Carollo: What I recollect that was sent to me was a little different than your story. That because he complained of what was going on, that he got transferred; not because he was the one that made a mistake -- Chief Colina: The investigator of Internal Affairs? Commissioner Carollo: Yeah. Chief Colina: No. He was transferred because he botched the case. Commissioner Carollo: I will put a public record's request to CIP and get the complete story that's there, but it's clear to me that you were the Police Chief there. The information I received was that CIP, in the midst of this investigation, were told that, purposely, the 180 days were going to expire so that Ortiz would not have any problems, and that they asked you before that to see if you would give them a statement, and you did not, neither did the IA -- Chief Colina: That does not sound -- Commissioner Carollo: -- director at the time -- Chief Colina: -- remotely familiar to me. Let me just be very clear, because it was also brought up before when Captain Ortiz came up here -- whatever meeting that was -- the next day, the next day --just so everyone here understands -- the next day I called in the Assistant City Attorney, and I said, `I'd like you to please consult with your colleagues. I'd like to know what action I can take against the captain for his behavior. " So I understand that it's complicated. I understand that there's a state statute that dictates what you can and what you can't do when you're representing yourself as union business, but I want to know what action I can take. You don't have to take my word for it; you can speak to them. That's what I did the next day. So this idea that somehow because it's Captain Ortiz, I'm not going to take the appropriate action, that's just not the case. What I am going to do is I'm going to follow due process, we're going to do things the way that they're supposed to be done, and if there is a video or a bus full of nuns or whatever it is that says this is what we've observed and this is the action that we saw and that rises to the level that someone needs to be terminated, they will be terminated. It doesn't matter to me whether it's the captain or anyone else. And like I said, they use representations of "Hey, look at the way that this seems, " and then we deduct all these thoughts about it. It's just not the facts. Commissioner Carollo: Well -- Chief Colina: Because the very next day, I consulted with the City Attorney's Office, and Mr. Wvsong is right there, and I asked him, "I need to know, because I don't find this acceptable, and I need to know what action I can take. " Commissioner Carollo: -- Chief, I thank you for your statements. At least, we're now in agreement of one thing, that this was not Chief Danes that it happened under, like your Assistant Chief was trying to tell you; this was with you. I am going for my recollection of what I read some months back. I am going to ask for all that information. And if it's okay with you, I'll be bringing it up in some form or another at the next meeting. If what he says is different what you're saying, I'll gladly read it. Chief Colina: No. And like I said, I'm telling you -- City of Miami Page 50 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: If it's -- Chief Colina: --Tin notfamiliar. I'd be happy to look at it. Commissioner Carollo: Sure. Chief Colina: And you're certainly welcome to ask for and see anything you'd like, like anyone else. And by the way, that has been my response since day one of -- as Chief of Police. Someone wants to look at something, someone wants to examine something, please do. And if someone finds something that's not right that we need to address, that we need to fix, then we'll fix it. Commissioner Carollo: Well, talking about that, now that you just say you need to fix it, you know that since you've become Chief, the majority of overtime -- at least from what is being reported from our agencies that we have to investigate that -- state that the majority of overtime that our officers get, they're being paid in cash. Does that alarm you thatpolice officers are being paid in cash? Chief Colina: If I may, Commissioner, I -- if you don't mind, I'd like to continue to address some of the concerns that were brought up, and then I would love to discuss that further with you as well. Is that okay? Commissioner Carollo: That's fine. We don't have the time today, which probably won't -- Chief Colina: No. I think we should have it -- it's -- Commissioner Carollo: We can take it up on the next meeting in January. Don't worry. Chief Colina: Okay. Commissioner Carollo: I'll be a lot better, feel better in January, and I'll stay until 5 in the morning, if need be, if l have to. Chief Colina: I'm hoping -- I'm going to try to be -- Commissioner Carollo: (UNINTELLIGIBLE). Chief Colina: -- as brief as I can. I'm hoping to get this -- through this fairly quickly, and answer any questions that anybody may have, and then certainly, I would love to get into that discussion as well. Jay Pigio (phonetic) was brought up in our Training section. I was the major in charge of Internal Affairs, and I did recommend the termination of Jay Pigio, and the Chief agreed with me, and we fired him. We fired him because he had a litany of misconduct complaints that were substantiated, and I thought that the behavior was unacceptable and not that of someone that should work in the City of Miami Police Department. So I recommended termination, and he was fired. He remained fired for a while. He went to arbitration, and he won his job back. Chief Llanes was the Chief at the time. He comes back to work. He is eligible to take a sergeant -- a lieutenant's exam, because part of the arbitration ruling is that he be made whole. And so, he had his eligibility. He took the exam. He got promoted. Chief Llanes put him in Training. I think that was a very wise decision that Chief Llanes made, and I'll tell you why. Jay Pigio was reinstated probably about five years ago. He's had zero complaints since the time he's come back. Redemption is an incredibly powerful thing, incredibly powerful. That Training section, by the way -- Jay Pigio was reinstated in August of 2015, and he's had zero complaints since. There is absolutely no reason for me to remove him from Training, because he's done nothing City ofMiami Page 51 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 wrong since he's been back to work. Nothing. Zero complaints. He's done absolutely nothing wrong. However, that Training section, the team that's been put together by the major who runs it, they came out second in the State of Florida for training academies for the amount of people graduating from the academy and their scores. 100 percent, 100 percent of our cadets passed the State exam. 100 percent. Ninety- two and a half percent of those cadets passed it on their first attempt. Ninety-two and a half. We had two cadets that went to the Miami -Dade County Police Academy, which, by the way, is an excellent police academy. You get three attempts to pass the State exam, as you know. They went through that academy. They took that State exam three times, and they failed every time. They then came to our academy, passed our academy, took that exam, and passed it on their first attempt. We now have Coral Gables, Doral, FIU (Florida International University), Golden Beach, Miami Springs, North Miami, Pinecrest, they all send their recruits to our academy. We're the -- only two academies have their own accreditation; ours is one of them. We have countries that are now sending personnel to our academy to receive training; most recently, Germany, Argentina, and Switzerland. Jay Pigio should have been fired for the things that he did, and he was. Jay Pigio came back to work. Since he's been back, he's been able to redeem himself. While he was fired, by the way -- it's not like a penalty didn't occur -- lost his credit, lost his relationships; he lost his father that was never able to see his level of redemption, but he has done a great job since he's been back. The major of that section has put this team together. The amount of accolades and awards that they have received are incredible. That major, by the way, the ones that picks and chooses the people that people that work in that academy, he's got a bachelor's degree, he's got two master's degree, and he has a doctorate in Education. That's the major that runs that section there. That's the team that he's put together. I think the level of success they've had speaks for itself. So I'm sorry that I don't agree that he should be removed. I just don't see it that way. Chief Llanes put him there, and I applaud him for his decision; that he didn't try to hide him in a closet somewhere, collecting taxpayer dollars, and we're not getting anything from him. On the consent decree -- and I don't want to misspeak. And Ms. Roberts is here if you have any specific questions to that, but the consent decree was lifted at different stages. First of all, it doesn't matter how you see yourself or what you describe -- male, female, white or black -- when you fill out the exam. You don't get additional points for being in a minority. Your score is your score, and where you come out on the list, you come out on the list. So if someone put Asian American or Asian -Pacific or Eskimo or anything like that, it wouldn't matter; your score is your score. Chair Hardemon: May I ask you a question? Chief Colina: Yes, sir. Chair Hardemon: Can you think of any reason fathomable that an applicant to the Miami Police Department will put Hispanic white male, and then later on change it to black male? Is there any reason that you can -- because I struggle with trying to, you know, understand -- Chief Colina: The only thing that I think is certainly possible -- and I don't know for certain, obviously. But I think that if you're like many people that believe that depending on what you put down maybe gives you points, I certainly see that as a possibility. I can't say it with all certainty, but I can't imagine what difference it would make, no, when you take an exam, I mean. Chair Hardemon: Typically --like, police officers have a benefit that not many people have. The things like --for instance, when you have an affidavit, arrest affidavit, the information that a police officer put -- it's a sworn police affidavit -- judges, prosecutors, everyone generally give the police officer the benefit, the credit that the things that they write are true. We've seen people read arrest affidavits, and if you've City of Miami Page 52 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 heard them, you would say, "Mv goodness. " So you expect police officers' candor, their voracity to be something of top quality, right? Chief Colina: Yes. Chair Hardemon: And so, I'm trying to understand how the department deals with a police officer who, I believe in honesty, wrote that he was a Hispanic white male, and then dishonestly wrote that he was a black male. I would imagine that intent -- you know, his intent is something to consider; if he actually believes that. If he's wrote afterward that he was a white male and not a black male, like -- you know, all these things what you would use to consider, you know, what his state of mind was when he did it, but -- Chief Colina: Yeah. Was it a joke? Was it to gain an advantage? Was it -- all those things matter. Chair Hardemon: But moreover, it -- to me, it's about voracity. Chief Colina: Sure. Chair Hardemon: You know, is this something -- if today that he wrote he was a black male, then what stops him from saying that that woman assaulted him and that's why he took her down with the excessive use of force? Maybe he was being dishonest then, too, or maybe he was being dishonest when he said that the person blew a stop sign and he stopped him, and the person didn't blow a stop sign. And so, you know, I take very seriously the things that police officers represent to me. I take very seriously the things that I say, because I know that I'm an officer of the Court, and if l were known to be dishonest, then that is something that could potentially take away my privilege of practicing law. And so, what police officers say, what people say under oath, what professionals say matter. And so, here I am dealing with a professional law enforcement officer that has a duty of honesty and candidness and makes a statement that today he couches in his belief that he is a black male. And we know that sometimes it may be difficult to determine whether someone actually believes something, but the circumstances surrounding it kind of can help paint that picture. So how is it that you see the issue of representing yourself one way when you're in fact not that way? And how, you know, the voracity in that can affect the job that the person has to do in other ways? Chief Colina: I think it's -- I think context always matters. I think you have to look at it holistically. I don't know what his thought process was. I think this was in 2014. The second exam I think might have been in '17 or '16. I'm not sure. In any event, this was certainly before I was the Chief of Police, and quite frankly, I haven't given it a lot of thought, but I'm certainly open to sitting down with the attorneys and with HR (Human Resources) and examine, you know, what does this mean, how does this mean, why does it mean. I'm certainly open to any of that. Chair Hardemon: Because I ask you, Chief, if I -- I jokingly say things like this all the time because I'm one of those people who believe that we should not be afraid to talk about issues of race -- Chief Colina: Yes. Chair Hardemon: -- and discrimination, because it is that uncomfortableness that allows us not to be able to move forward past the issues and really conquer it. And so, if I apply to your police department, and on my application, I put that I was a white male, and then you met me and you said to me, "You indicated on this that you are a white male. Are you a white male?" And I said to you, "Yes, I believe that I am a City ofMiami Page 53 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 white male. " White men have been in my family since -- to my great, great grandmother, because when we were brought over from the slave ships, they raped a couple people, and it's in my bloodline. I guarantee you, if you check my bloodline that I'm going to have white in me. And so, therefore, yes, I am a white male. I would imagine that you would take that and measure that statement against what I could potentially do in the future, how I think, how I process facts, how I respond. How would you -- like, I -- ifI were in your position -- and I want you to respond to me, you know, because you are --you would be in that position. But ifI were in your position, I would question that person in their suitability to be a police officer just because of the way that they responded to that. I could imagine what they respond -- how they respond in other things. How would you see it if I came to you and told you as an applicant that I believe that I was a white man? Chief Colina: So if you came tome and you told me that you believed that you were white, what would I think about that? Just to make it simple, is that the question that you're asking me? Chair Hardemon: How would you analyze that statement? Chief Colina: Man, I would think that something's wrong with Commissioner Hardemon. That's what I would think. I mean, I clearly see a black man. So, you know, it's -- everything that we do in the City, every decision that's made, a lot of the things that weigh -- and a lot of people don't understand the decision -making process. And so, if you're going to discipline someone and not terminate `em, that you think, "You know what? This person's always done a great job, and so, I'm not going to fire them. I'm just going to discipline them. " Some of the things that you should be thinking about is, does this create liability for the City? Is someone then in the future that wasn't a good employee but committed the same offense and they're fired, do they now have the ability to say, "This is disparate treatment"? Both of these things occurred. I did the same as this one. One was fired; one wasn't. These are the things that you have to consider. They're not always simple decisions, because there's always many variables that come into play; the person's history and they're good deeds in the past, et cetera. But sometimes people oversimplify it, and they say, "Hey, this and this and then that, " and it just doesn't work that way, especially when you hold a position like this. Commissioner Carollo: What -- If I can, Chairman? What I'm curious about -- I don't know if you have the answer; maybe Angela does, our HR Director. Since Mr. Ortiz claimed that he was a black, now I hear Jewish black" -- I'm afraid, maybe next month will be, you know, a black Jewish woman. I don't know. But how did he classify himself after the test? Did he state as black, or did he come back and become a Hispanic white male? Angela Roberts: Good afternoon, gentlemen. Angela Roberts, HR Director. Currently, he has not filled out another application for anything, so he hasn't had to attest to what his race or ethnicity is. Commissioner Carollo: Okay. Ms. Roberts: So right now it stands as whatever the last application was that he filled out. Commissioner Carollo: For the captain's exam -- For instance, they mentioned lieutenant, butfor the captain's, what did he fill outfor captain? Ms. Robert: I believe it was the captain that -- where he put the black male. City of Miami Page 54 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: It wasn't the lieutenant? Ms. Roberts: It was both. It was both. Commissioner Carollo: Okay, so it was both. Ms. Roberts: Yes. I stand corrected. Sorry. Chair Hardemon: When you say, "both, " do you mean that it was one exam that encompasses both or two separate exams -- Commissioner Carollo: No, no, no, no. Two separate exams. Chair Hardemon: --at two different times or both times? Ms. Roberts: Two separate exams at two different times. The issue first came out when he was a lieutenant, and at that time I wasn't the HR Director. And it was that -- on that application is where he, it is my understanding, attested that he was a black male. Commissioner Carollo: Okay. Do we know if it's in his driver's license he's listed as a black male or is he listed as a Hispanic male? Ms. Roberts: I haven't seen his driver's license, but if you give me a moment, I can have someone pull it and see what -- when we got his driver's license, what it lists. Commissioner Carollo: Yeah, because I think that would be interesting. Chair Hardemon: And I'll say this -- Ms. Roberts: I'll do that. Chair Hardemon: -- because -- and Mr. Ortiz is still here -- if Javier Ortiz is a black male, you got a lot of catching up to do. It's a lot of responsibility and things that you have to go through to kind of get you back to speed. The first thing that's coming up is the Martin Luther King Parade; I expect you to be there. Commissioner Reyes: Walking. Commissioner Carollo: I have one question from the Chief- maybe Angela might be able to assist. Ms. Roberts: His race isn't -- he just handed me his driver's license. His race isn't listed on his driver's license. Commissioner Carollo: Okay. How 'bout his gender? Ms. Roberts: I'm sorry; say it again. Commissioner Carollo: His gender. Is it -- the gender listed? Ms. Roberts: Yes. Commissioner Carollo: Okay. Ms. Roberts: Yes. It says, "Male. " City of Miami Page 55 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: All right. Mr. Ortiz: Yeah. I'm not a woman. Commissioner Carollo: Now, Chief -- Chief Colina: Yes, sir. Commissioner Carollo: -- since he took an exam for lieutenant --for captain, that he listed himself as a black male, how do you have him listed in the department to know how many black males you had before as lieutenant, as captain now? Is he listed as a black male? Is he listed as a white male, as a Hispanic, or none of the above, like the driver's license? Chief Colina: Yeah. We classify him or -- I don't even know if "classiA is the word, but in any event, as far as we're concerned, he is a white Hispanic male. Now, I --you know, I haven't looked at his -- Commissioner Carollo: Even though he claims he's black? Chief Colina: Well, he claimed he was black on the exam; I know that. Commissioner Carollo: So don't appear that you put a lot of credence to that. Mr. Jean-Poix: I could clarify it. Chief Colina: Did I put credence to what, sir? Commissioner Carollo: That he was black. Chief Colina: No, I didn't put any credence to that. Commissioner Carollo: Okay. Can -- maybe he's got -- ChairHardemon: I'm going to allow him to speak. Commissioner Carollo: --some information that he could --yeah. Mr. Jean-Poix: No. Just for clarification, he placed himself as black non -Hispanic on the lieutenant's exam in 2015, black non -Hispanic on the captain's exam 2017, and we pulled the employee list -- the City of Miami Police Department employee list; on January 10, 2019, he was listed as Hispanic male. I have it right here. ChairHardemon: Thankyou. Chief Colina: That's how we have him, as a Hispanic male. Commissioner Carollo: All right. Thankyou. Well -- ChairHardemon: I'll allow you to finish. Chief Colina: Thankyou. Commissioner Carollo: --he confirmed what you said. Thankyou. Chief Colina: Yeah. Just a few more things, like I said, and then I'll get to a really brief presentation, but there was also an issue made about disparate treatment in terms City of Miami Page 56 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 of people that are fired. We have dismissed, terminated, resigned in lieu of termination for moral character violations, of policy, 27 people in the last two years. Of those 27 people -- 9 were black of the 27 -- one tested positive for marijuana, one was involved in a hit-and-run while at the police academy, four were involved in a drug smuggling sting, one lied about an accidental discharge, one removed his gun belt and badge on a busy sidewalk in Wynwood and assaulted a man over a personal dispute, and then one was a civilian employee who was fired for an incident in our property bureau. Those are the nine. I don't see any scenario where we should have kept any of those employees. I'd look to -- and again, just for the sake of time, and I know this has been a long day, but -- Where's Natalie? Commissioner Carollo: Let's see if we could bring this to an end. Chief Colina: Just want to make sure that this is able to come up on the screen. This is the City of Miami population: 17.7 percent is black. The Miami Police Department is 25.7 percent black. If you count our civilian employees, the City of Miami Police Department is 33 percent black. So as you can clearly see, the black population is very well represented at the Miami Police Department. This is sworn personnel by race: 26 percent black, 65 percent Hispanic, 8 white, and then a few others. This is the command staff by race: 26 percent black This is going to change, because I made announcements, I guess two weeks ago; I'll be making promotions the first week of February. And so, that number's going to go up slightly, the command staff by race. This is black representation by rank. Again, some of this is going to go up slightly or down slightly based on these promotions that are coming, but as you can get an idea there of the representation across the department. Specialized units, because that was mentioned, 26 percent black as well; Homicide Unit by race, 29 percent black. These are my last five, most recent promotions. So over 13 months, Commissioner, I've had an opportunity to promote five people in the last 13 months. These are the five people that I promoted in the last 13 months. These are the five. By the way, we have 12, because it was brought up -- and again, I apologize, but as I'm remembering things, we have 12 black lieutenants in the Police Department; eight of them, eight, are in specialized units. This is the command staff in 2009, just about a decade ago: We had seven black staff members, we had one female. I don't recall anybody making a big deal that we only had one female, but that's what it was. 2009, seven black total, one female. This is an interesting one. This is the command staff in 2017 in October. This was three months before I was the Chief of Police. Eight black staff members total; six females, two males. The reason that I find this interesting is -- one of the things that I've heard is that it is outrageous that we only have three black male staff members. Well, three months before I was the Chief of Police, we had two, and we had eight black staff members. This is 2019. Now we have nine black staff members; three happen to be males. Nine black staff members. What's important to note here -- there's a few things. A lot of different things were brought up today. You go back to the press conference that the MCPBA made before. The emphasis has been -- and you heard people when they came to discuss it at the last Commission meeting -- on black males. "We want to see more black males. " I don't think that they yet recognize that when you say you want to see more black males in staff, you're also saying, "not black females. " Black males. You want to see black males. In 2015 we had a lieutenant's exam. That lieutenant exam was very important for this reason. We hadn't had one in a long period of time, number one. ChairHardemon: Before you (UNINTELLIGIBLE). Chief Colina: Yes, sir. Chair Hardemon: Your statement was, "We want to see more black males, " and then that means less black females. City of Miami Page 57 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Chief Colina: Yes, sir. And I can give you some context on that. Chair Hardemon: I don't want you to give me the context, because if you can make that conclusion, then you can also make the conclusion less Hispanics. We want more black males, less Hispanics, because obviously, there are less black staff members than there are other races. So why do you believe that the statement means less black females and not more representation of black males? Chief Colina: So we had a meeting in our office -- and by the way, every time we have a meeting, whether it's with the FOP or HOA or the MCPBA, I always have an Assistant City Attorney there. In that meeting, I was told, "We'd like to see more black staff " When I mentioned, "Well, but I just promoted this female and I promoted that female. " No, no, no. They don't count. We're talking about black males. " Mr. Jean-Poix: That's not true. Chief Colina: That's the context. And like I said, I had Assistant City Attorney sitting in those meetings. If you go back to the press conference, you will hear some of those same statements, and I'm going to finish -- And by the way, if we can, I think -- I sat patiently -- Chair Hardemon: I understand. Chief Colina: I sat patiently -- Mr. Jean-Poix: I'm sorry, okay. Chief Colina: I didn't come up and rebut, which I could have at the time, because it would have been much easier to recall all the things said. Chair Hardemon: Chief, understood. Chief Colina: Okay. Chair Hardemon: Understood. Chief Colina: So, in any event, that's what was said. This is what it looks like. What's important is this, three months before I was the Chief of Police, we had eight black staff members, and two of them were men. 10 years ago, we had seven black staff members; one was a woman. I become the Chief of Police; we have nine black staff members; three are male. This is what it's going to look like when I make my promotions in the beginning of February. We're going to have 10 black staff members; seven females, three males. 10 black staff members is the most that we have ever had in the history of this Police Department; the most. This is what they look like. I showed you the images of the people that I promoted to my staff over a 13-month period. I showed you that. And now these are the images of the people that I'm going to be promoting in the first week of February. That's what they look like. And so, you forgive me if I'm taking aback when I hear this talk about, "Well, there's racial inequality at the Miami Police Department, " because that's what the discussion item was about, "racial inequality, " when 33 percent of ' the Police Department is black when you include our civilians. If you don't, it's 27 percent, and the City population is 17. When you look at every one of our ranks, it's just not the facts, and that matters. The details matter. It's easy to pick one unit and say, "Hey, in this unit of five people, there are no black; that's an outrage. " Well, sure. I can point to another unit where four out of the five are black. That's when you start misleading, but when you look at it holistically, these are what the numbers are. This is what they look like. This is a City ofMiami Page 58 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 quote, and you don't have to take my word for it. You can go to Channel 4 and pull it up yourself: This is what Lieutenant Carr said: "What we want to see other African - American males promoted and be placed in areas they may not normally be placed at. You can put us in Brickell. You can put us in the Upper East Side. You can put us in different places that are not your typical places." This is what he said. The reason I put this up -- there were many things that were said, but the reason that I put this up is ChairHardemon: Chief, where'd you get this picture from? Chief Colina: That's from the employee pictures that we have. ChairHardemon: No. I asked that because most of the pictures that are depicted of Officers, they all look -- they look very nice. The last picture that you just showed, Photoshopped extremely; most officers look that way. This looks like a mug shot. And I would say that to be very careful. I'm sensitive to how people are depicted when statements are made about them. Chief Colina: Sure. Chair Hardemon: I've seen images of black men when we have many great pictures that they could use; they use pictures that are less flattering. I don't know where he took this picture. This picture looks less flattering, and I -- Chief Colina: This is the same picture, Commissioner, that all our employees -- there's a catalog ofpolice employee pictures. Chair Hardemon: And they (UNINTELLIGIBLE) them. I know you didn't pull this picture. Chief Colina: No, I did not pull it. ChairHardemon: Right. Someone pulled it for you. Chief Colina: So when you ask someone, do me a favor -- ChairHardemon: They did you a disservice. Chief Colina: I'm sorry? ChairHardemon: They --whoever pulled this picture for you -- Chief Colina: Yes. ChairHardemon: -- did you a disservice. Chief Colina: I appreciate that. ChairHardemon: Okay. Chair Hardemon: "You can place us in Brickell. You can put us in the Upper East Side. You can put us in different places that are not your typical places. " Here's the problem with this statement, or at least the problem that I have with it, and this is a direct quote. Number one -- once again, we're emphasizing African American males -- what's wrong with to saying, "Id like to see more blacks promoted? " What's wrong with that statement? African American males, once again. The second part of the statement says, "You can place us in Brickell. You can put us in the Upper East Side. City ofMiami Page 59 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 You can put us in different places that are not your typical places. " The problem with that statement is this: The commander in Brickell is black The commander in Coconut Grove is black. They just happen to be women. They happen to be women. And so, that's why I find that this is a problem. I can go on, just like they mentioned before. And again, just real quick, because I saw him over there. I am very fond of Larry Hagen. I've always liked Larry Hagen. He may not know this, but you can call Danny Alfonso, and he will tell you that I said, "Please reconsider this action. Please. " By the way, Ezra Washington, like I said before, very fond of him too. What wasn't said here is, when that reprimand came and there was misconduct on there -- by the way, this was a few months ago -- I called and said, "Hey, man, I don't want this to follow this guy. He made a mistake. Can we change that fi•om `misconduct' to `improper procedure? "' By the way, I know that it is a significant violation of policy, but that's what I did. I'm not trying to harm anybody here, but we're going to follow the rules. We're going to do things properly, and this idea that the MPD has an issue with equality is outrageous. The numbers are irrefutable. You see what our staff looks like. You saw what it looked like before; you see what it looks like now. It's just not accurate. Commissioner Carollo: Chairman? ChairHardemon: Yes, sir. Commissioner Carollo: If I could address him for a second? ChairHardemon: Yes. Commissioner Carollo: I'm going to answer this part of what you're addressing -- ChairHardemon: Can we go to another slide? Commissioner Carollo: -- in the following way. ChairHardemon: Can we choose a different slide? Chief Colina: A different slide? ChairHardemon: Go to the previous slide. Chief Colina: Oh. ChairHardemon: There we go. Commissioner Carollo: Chief, the part of what you're addressing now, I'm going to answer it to you in the following way, but -- Chief Colina: Commissioner, if you don't mind speaking a little closer. I have an ear infection, and I'm sorry; I just --I'm not -- Commissioner Carollo: I got another infection too, so we're -- Chief Colina: So, yeah, if you speak into it -- Commissioner Carollo: Yeah. Chief Colina: -- I can hear you fine; otherwise, I struggle. City of Miami Page 60 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: We're both handicaped today, but I'll still say that I'm better on one cylinder than most people on eight. The -- before you came to address us, I think you heard what I said. While I certainly can look at the facts that I've been given and information that I've been given and believe that maybe there is institutional racism in our department to some extent, believe that maybe there is a group of officers that -- and I say a group; not all -- that feel that way. I stated that I didn't think you were racist -- Chief Colina: I appreciate that. Commissioner Carollo: -- and I don't. Chief Colina: Thankyou. Commissioner Carollo: I think you're a politician. That's a big difference. Now, having said that, the -- what you're trying to do here, Chief, is -- and I think you've been fine in trying to explain everything as best as you can. But what you're trying to do here is what, for years, people that are not black try to do with the black community; divide them, and it's clear you're trying to divide the black male officers in your department, minus Javier Ortiz, with the black female officers. And I'm sorry; I think you're going down the wrong path with that. And what I say to you on this is what our esteemed City Manager accused all of this Commission last week after our last meeting: Braden Circus, he said. Braden Circus. If you don't what it means -- I also have a degree, like he does, in international relations -- go to the Rome or the Caesar's and you'll understand it. Chief Colina: I don't know how, Commissioner, you would arrive at the conclusion that I'm trying to divide the black men from the black women. Commissioner Carollo: Chief -- Chief Colina: Is that because I'm -- because I've promoted women? Commissioner Carollo: No. Chief, come on. Chief Colina: No. I don't know how would you possibly -- Commissioner Carollo: Don't go there with that with me, please. Chief Colina: I'm asking a simple question, because I don't know how you would deduce that. Commissioner Carollo: Or the tone is going to get quite different. I'm saying that because it's clear that you're trying to say that all they care are the promotion -- about the promotion of black males. Chief Colina: Because that's what they've told me, sir -- Commissioner Carollo: And -- Chief Colina: -- with witnesses in the room. Commissioner Carollo: But -- Chief Colina: That is what they've told me with witnesses in the room. City of Miami Page 61 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: Chief, I didn't hear this today, and I certainly do not feel that - - neither they, nor if it was the other way around on black females -- they would feel the same way, but it's a very convenient position for you to take to try to divide people that I think the problem has been more political than racial. Maybe the racial part comes because you might be defending some of your people that support you that do possibly have racial overtones. But I fully disagree with what you're trying to do in trying to divide the black male officers in your department from the black female Officers. I think they're all in agreement that there has to be more promotion of both, and this is what I understood. Later Commissioner Reyes: But I'm going to give you a lot of history, and marry people don't know this, and this reminds me, you see. Back in 1960 -- well, I'm going to give you my age. I'm an old man, you see. Back in '68, I was living in Chicago. I was working -- I was the night foreman, being a young man, of a factory called Edelmann Automotive Supply. And one day I was called to the office, and they -- I was on the night shift. They said, `Be here tomorrow morning. " And I got into the office. I say, "Bring a list of" -- I mean, "of'everyhody that works here and everybody that had the list. " And I walk the into the office, and I see this Afro-American that I have seen, and he was representing the Operation PUSH (People United to Save Humanity); Mr. Jesse Jackson, okay. I said, "Wow, " you see. Here's this man that is one of the civil right activists, and all of that. And after we counted every single male and female that was working in our factory, he said, "We don't have" -- "You don't have enough Afro- Americans." They weren't called Afro Americans at the time. They were called "black. " "You don't have enough black working, and you don't have enough black in administrative position. " And he said, "We are around 32 percent of'the population in Chicago, so we demand that 32 percent of your employees he black. " He didn't made a distinction between males and females. And I am questioning all of this, you see, because that was a time when there was -- discrimination was -- I mean -- and I applaud him. I said, `Right on, man. You're doing the right thing, " you see. "You're fighting for the people, " you see. And I did applaud what he did. So what I'msaying is that I want somebody that has expertise in this to try to -- all these accusations that we have and try to correct it, because we have to do justice, you see. We have to do the right thing. And I -- definitely, I will ask the City Attorney to find the right institution, the right group of people that will come and start an investigation. I mean -- and then come -- whatever it is, whatever they find in this, come to us, and I'm pretty sure that this body will direct whoever is the City Manager to correct it, if we have a problem. But definitely, we need some professional investigation here. Mayor Francis Suarez: Mr. Chair, if I may? Commissioner Reyes: And that is my --I mean, my opinion. Chair Hardemon: I have a quick question for you, Chief. I think it was in the other presentation, but I'm not sure. I remember the exact number. How many black males do you have as sworn police officers versus blackfemales? Chief Colina: Incredibly enough, it's almost 50150. It's something that we're quite proud of. We -- well, first of all, just women in the Police Department, we're at about twice the national average. By the way, here in South Florida, the Miami Police Department in specific, if you look across the country, the issues that they have, where let's say the population is 60 percent black and the department is 2 percent, the amount Of recruitment money they spend on recruitment trying to get minority employees is incredible. Thankfully here, we opened up openings, and in an hour, we'll have a thousand, we'll have a thousand applicants. So fortunately, we don't have the issues of City of Miami Page 62 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 recruitment, like a lot of other places do, but we're very well represented in terms of minority black, white, women, etcetera. Chair Hardemon: I want to rec -- okay. I work in the criminal justice system. Chief Colina: I'm sorry? Chair Hardemon: I work in the criminal justice system. Chief Colina: Yes. Chair Hardemon: I've always opined that when you go to a courthouse, you see an overwhelming number of black females working in the courtrooms as judicial -- well, I won't say -- some are judicial assistants, but many are -- they have positions within the courtroom, and you rarely get an opportunity to see black males there. Always -- as a black male -- you know, my mother is a black female. My wife is a black female. I've always thought about that imagery, because most of the inmates that tend to find themselves -- or people who are charged with crimes find themselves in that system tend to be black males. So I always thought it was a interesting juxtaposition, right? And so, here we're looking at a police department, and I would agree with you that the population of blacks in the police department exceeds the population of blacks that are residents in the City of Miami. Interesting enough, when you look at the CIP, of the complaints, you have more complaints from blacks than you do of other races, which indicates to me that -- I would believe that there's a -- the treatment of blacks is disparate compared to other races, and there have been numerous examples of that, and I think the action of the police officer that kicked at the head of the black man that was laying on his stomach in Overtown is one of them. I mean, those are the types of things that you typically see complained about. And the reason I made the comment earlier about the number of complaints -- the level of discourtesy has to be much higher, because there are so marry times that people don't complain. I've had officers be discourteous to me, not knowing who I was. And I'm not the type of individual that makes known who I am. I love when people treat me how they believe I should be treated, because they -- because I'm dressed in -- when I'm not dressed in a suit, I look just like every other kid from Liberty City. And so -- and I don't find myself -- I don't -- for instance, I didn't file a formal complaint. That's not something that I did. And I know these things happen time and time and time again, because other individuals who might not have the sort of position that I have may be afraid of filing a complaint; think that it will go nowhere; think that police officers will begin to target them. I mean, there are many reasons why people won't file complaints, because you're going to the Police Department to complain about the Police Department. I think you understand that. You have police officers who are afraid to go to the Police Department and complain about police officers, so we see that. So as a black male, I can understand why an organization would advocate on the behalf of black males, because they see that there is a problem -- right? -- an acute problem that deals directly with those individuals; not necessarily to the detriment of blackfemales, but highlighting the issue that we have with black males. So, for example, in their presentation, they described the level of dismissals of black males versus the level of dismissal of female -- well, black females, Hispanic males, and Hispanic females. Overall, when compared to the total population, black males were dismissed at higher rates than other races and genders. Chief Colina: I believe that was from the training academy. I believe that's what that was, giving someone the opportunity to leave as opposed to being dismissed. Chair Hardemon: Being dismissed. I believe that you're correct. City ofMiami Page 63 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Chief Colina: Yeah. I can tell you that in 2019, we fortunately didn't dismiss a single person from the academy -- Chair Hardemon: That's wonderful. Chief Colina: -- all of 2019. Chair Hardemon: That's wonderful. But the point is -- because I remember when discussing these types of issues, we have many retired police officers that will always talk about the recruitment process, and how it is that you become an employee of the City of Miami Police Department. And so, at the time, for instance, one may not understand -- if you -- if you're -- if you are an applicant, you may not understand the difference between you being dismissed and you being allowed to leave. You may not be presented with that opportunity. Right? And then someone else is presented with that opportunity, and they completely understand it. I don't know how they get that understanding. I can't make that determination here. But then the result is that this race of people, particularly male, are getting higher levels of dismissal, which we know has a negative connotation on their record when they're looking for other employment. That to me, that result seems problematic. That result deserves some looking into, because that result to me means that maybe, maybe not, maybe that you have individuals who have the authority to dismiss -- and so, for -- when something comes to you, it's been through multiple levels of really examination, and someone is trying to influence you to typically go one way versus another, I would imagine, and you make in your determination to either follow the recommendations of those below you or not. Right? And I would imagine, if you were not following that direction, you must have felt something strongly about what was presented before you that you thought did not deserve a dismissal or whatever it may be. And so, I'm troubled because it -- to me, it appears to be, without knowing all the facts from the results, that more consideration is given to people who are of other races first, and certainly to people who are not black males. It's already tough enough to get a job as a black male. I can imagine, it could be even more difficult to get it as a black male in law enforcement. And I know that there are things that happen with police departments, even with the City, and I've always been very clear. My mother was a City of Miami police officer. She retired. She was a member of the MCPBA. I've been around it since I was a child. And she was fired f -om her job for what they described to be "associated with known criminals, " someone who had served time, who eventually became her husband, who was not an active criminal, who was not committing law violations, but that's who she chose to be in love with, because they grew up together in a neighborhood called `Liberty City," where lots of black males are arrested and et cetera, et cetera. And her saving grace, and many like her, who are also black females, was the fact that the Chief of Police at the time had a son that I think was alleged to be drug dealer. I think those were the facts. And the Police Chief, even though the guy was accused of it formally by a court -- a prosecutor's office actually -- he was still associating with his son, and that became the lynchpin in what eventually led to my mother and others like her getting her job back. So that was disparate treatment of her as a black female versus the Police Chief who was not of a minority dissent. And so, I know it happens, I know it can happen, and we want to make sure that it doesn't happen. Chief Colina: And I -- Chair Hardemon: And I want to encourage you -- Chief Colina: Absolutely. Chair Hardemon: -- as the Chief. Because Ill tell you, and I'll tell everyone here, the -- Chief, you've been -- you -- to me, you're -- my experiences with you have been very good. I think, as a Chief, you have shown to me that you don't tolerate misconduct by City of Miami Page 64 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 police officers, you don't -- you -- when -- I remember a conversation with you about the time in the off -duty and the tricks that police officers play, and you were very straightforward with me about trying to put an end to that by finding systems that don't allow them to cheat in that way. I know there have been things -- you seem to me -- and you've always indicated to me to be someone who is a stand-up guy. I've never gotten the impression that you were racially discriminative. I've never gotten any impression that gave me the feeling that this is not someone that we should -- that should be leading our Police Department. And so, the issues that are being spoken of and the disagreement about -- it's a -- really a fundamental disagreement. Because you're saying, `Look-, I'm promoting black people. " And they're saying, "We need you to help us promoting black males. " And you believe that that's discriminative of the black female, and they believe that it is not. And it reminds me of the "Black Lives Matter. " Right. When someone says, "Black Lives Matter, " and someone else says, "White Lives Matter, " and we're not speaking the same language, right? We're not saying the same thing. Yes, it matters that is something -- yes, it -- I was -- there's a depiction of -- I remember, there's a depiction that I saw in a magazine one day or a paper. They had a house on fire. They had a house that was not on fire. And the police depart -- the Fire Department was putting a hose on the house that was not on fire. And the statement underneath it was, `All homes matter. " And so, the point in that depiction I think was very clever; was showing that there was immediate action needed in this other house that was on fire. I think that they're saying that there's some immediate action that is needed to help black males be promoted within the department. And my question to you -- because I know you're a leader. I know you think through these issues -- is how and can you meet with the MCPBA to work out some sort of way, some 90-day plans, in a sense, a thought process of how we can ensure that black males find themselves eligible to be promoted within the Miami City Police Department? Because under you, I don't feel under you, your guidance, I don't feel like there is necessarily -- let me be careful of my -- in my choice of words. I think that you have all the right intentions. Obviously, you don't make decisions every day for everyone who wears that badge. There's some officers that make some very, very bad decisions that make our Police Department look really, really terrible, right? And in the past, the history, the storied history of the Miami City Police Department is not one that we can all be proud of. Chief Colina: A hundred percent. Chair Hardemon: Right? And so, we want to ensure that this department doesn't take steps backwards but takes steps forward. And so, if we see from the position that's been -- that has been stated that there is reasons why black males may need attention, guidance, opportunities, do you think that you can meet with them to help figure out a way that we can get them there? That doesn't mean that tomorrow, you promote a black male to say, "Hey, I did it. " That means that, obviously, there's something that we're not making connections with, and we want to know what it is. For me, it was -- When I was in law school, for example, I didn't have any guidance in law school, and I finished law school early. However, if a young black kid came to me today and asked me, "How do I survive law school, " I can get him there. Unlike my experience, where I had to learn it on the fly. Right? And so, you're going to find that a lot of blacks are not going to come from a background of law enforcement, but they want to be there. How does a kid from Liberty City, never have an opportunity in law enforcement, get an opportunity go in law enforcement -- to get into law enforcement and be promoted so that one day he could be a chief, an assistant chief -- and I'm. all -- I always mess up on all the ranks -- but major, or whatever it may be; lieutenant? That's what we need from you. Chief Colina: And I'd like to --just a couple of quick comments, because I understand what you say entirely. And as a matter of fact -- and some of these decisions haven't been popular, but I'll just give you a few examples. Civil citation. So in the past, the City of Miami Page 65 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 police department said, "We have a civil citation program. " When I became the Chief of Police, no, we did not. We might have said that we did, but we didn't. It was important to me -- and what I explained to the staff and the Police Department -- and like I said, not necessarily a popular decision. I called the State Attorney's Office to make sure she was going to be cool with it. Listen, I don't want to arrest someone that has a use amount of marijuana in their pocket, because I don't want to perpetuate this problem that now because you got arrested with a dime bag of weed in your pocket, you can't get a job and you can't move forward. And I know that, oftentimes, the way that that's enforced is disproportionate. So I don't want to do it anymore. So we developed the civil citation, and the officers have to write on the A form, if they did arrest you, why? Why did they violate or go against -- because there could be circumstances where, "Hey, we suspect this person's, you know, our robber. " This is an opportunity for us to be able to identify him formally, and so, we arrested him for having that dime bag of weed. Okay, that's reasonable. But otherwise, no, I don't want that done, and it goes to your point. I don't know if you're familiar or not -- are you familiar with the "OK Program "? ChairHardemon: Describe it, and then I'll -- Chief Colina: So. The OK Program, very controversial. Kenny Stills is very involved in it out West, Colin Kaepernick has been involved with in it. The OK Program is a program black men -- only black men -- mentor black boys -- only black boys; not Hispanic boys, not women; just black, just black. The idea is that the police department facilitates this engagement. The police department is the one that says, "Hey, man, are you willing to come forward as a mentor, not a police officer, somebody in the community, black men in the community, as a mentor? Are you willing to do that, to help some of these young kids out? We find the kids that want to be mentored, and then we bring them together. That is a program that, again, controversial, but I brought to the City of Miami that we now have, the OK Program. And again, the idea is that, hey, man, we need to find every kind of way to make sure that everyone in the City has the ability to succeed, and unfortunately, many of society's ills fall on the Police Department. We're not equipped to handle all the ills of the society, but we should certainly try to do the best that we can. Another unpopular decision, the juvenile curfew. Many people want me to enforce the juvenile curfew; many. I've been criticized for not enforcing that. I know what happens. In Coconut Grove, you can go to your backyard and shoot hoops, so you don't have to worry about that. Or in Shenandoah, a police officer drives by, and the kids playing in the park are all good looking; they don't get stopped. I know what happens. In other neighborhoods, those kids are getting round up, and they're just shooting hoops, and a parent who can't afford to pay their rent now has to pay a fine, so I won't do it, and it's been criticized. So I understand what you're saying. Chair Hardemon: And I definitely (UNINTELLIGIBLE) understood (UNINTELLIGIBLE). Chief Colina: Commissioner, I bleed, I bleed City ofMiami. My heart and soul is into this. I'm not perfect. Without a doubt, I'm flawed. I have my flaws, but I swear to God, as God as my witness, and in front of everybody here, man, I try my (expletive) off every day. I try my (expletive) off every day. Your question about the black men, they're all eligible. I just don't know what I'm supposed to do when the next person up is killing it; happens to be a woman. I struggle now with these promotions. I even told people, I'm embarrassed to admit that I'm struggling with some of these promotions. I'membarrassed to admit, because I know it's coming. I know it's coming. That lieutenant's exam in 2015 was big. Everyone knew, if you're on that exam when 2017 comes around and all the staff has to leave because of the DROP (Deferred Retirement Option Plan), you're going to have a chance at making staff. Number one on that list was a woman; four of the top six were women. You know, I mean, I -- it's not easy. It's City of Miami Page 66 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 not easy. But if she --fill in the blank -- is busting her tail day and night and bringing it, it's hard. I mean, somebody tell me what the cap is. Three women? Four women? And then, you know, stick someone else. Man, that's difficult. I don't think- people understand -- By the way, you promote one person, you upset everybody else. You just pleased one. You just pleased one. Commissioner Carollo: Chairman? Chief Colina: This isn't -- you know, this isn't easy. Commissioner Carollo: Can we bring this to a head? Chair Hardemon: I'll say to you that positions of leadership are not easy to have. They make popular decisions and you make unpopular decisions, and I believe the most unpopular decisions are really the test of the character of the decision maker, and I understand I empathize with you with your decision making that you have to do. Chief Colina: Yes, sir. Chair Hardemon: And I appreciate that you think through it, I will tell you that. Because some people will decide to make a decision and then just move on. And I can -- I know, because I can see it, that that's not something that you do. And so, my question to you is, can you commit to the MCPBA -- because I think this is an issue that is not solved overnight. I think what they're trying to say is that this is an issue that permeates through the application process, the retention process, and moreover, what's even more telling is this retaliation that they're saying. I've always said -- and I applaud the MCPBA for bringing us here. It took us some hours to get to this point, but I've always said this. I watched the FOP come before this Commission and say all kinds of things, and they represent the Police Department and their members accordingly, and I have rarely seen the MCPBA before me, and I've always said that was a mistake; that the MCPBA should be here, they should be vocal, they should express themselves. And I know -- I heard Captain Ortiz mention that he represents everyone; they represent black folk, and I think that's a powerful thing that he said. Because what you should understand -- and I think that any black man would understand this -- is that when you're a black person and you're presenting an issue, and you're disgruntled, in our experience, it's always been discounted. Black women who complain of pain in the hospitals are always saying, "It's not that had. " They describe to you, when black people complain about something that happened to them that they are -- their word is not credible, that there is a response to them that is retaliatory in nature, and it causes the rest of blacks -- it's almost like a Willie Lynch kind of process -- to say I'm not going to move forward because I have a family to feed, I have a home I have to pay for; I can't afford not to be able to continue to work in law enforcement, or be dismissed summarily, and now I have this bad reputation that doesn't allow me to get another job. I understand that. Like that story makes perfect sense to me. And just to say this -- to add it to some other issue that we have in the City of Miami -- that's part of the reason that I asked the body to say with the LGBTQ (Lesbian, Gay, Bisexual, Transgender and Queer or Questioning), if that and the board that represents other civil issues that have to do with typically black issues -- the name of it escapes me, but you all remember the argument. If we can -- Commissioner Carollo: Community Relations. Lice Chair Russell: CRB (Community Relations Board). Chair Hardemon: Thank you. Community Relations Board. If we can add them together, because I know that there is inherent disregard for the issues of black people. And so, what I saw today -- not from you, but from the FOP, because they represented City ofMiami Page 67 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 the FOP -- I saw that same disregard for what they were describing. It's one thing to disagree with them; it's another thing to belittle their position. And so, I want the issues of people that look like me to be just as important for issues of people who do not look like me, who have political clout, who are lesbian, gay, bisexual, transgender, or whatever it may -- whatever may be the spirit of the day. And so, that's why I'm asking for you to do as much as you can -- Chief Colina: Yes, sir. Chair Hardemon: -- to help franchise this organization, because they deserve it. I think if you do that, it will give so many people the confidence that this organization is something that is worthy, it's something that people should pay their dues to, that they should come to, and they should bring their grievances to them. And if you bring their grievances to them, they'll be able to assist you in -- than speaking with you, because I don't think that they believe that they have that same sort of confidence in the FOP because of the color of their skin. And so, I ask of that -- of you, and I know that you're not going to disappoint me. So I want to hear you confirm that that's something that you're going to do. Chief Colina: I would absolutely meet with the MCPBA. We were having regular meetings, until it went sideways. Many things that they brought forward -- I'll give you just a ran -- I mean, I know it's getting late, and I apologize. I'll give you a random example. The MCPBA said, Listen, we would be a little bit more comfortable, comfortable, if when someone is dismissed from the academy, that it isn 't just a person deciding. Can there be a committee? Can there be a committee?" Well, I thought that was a great idea. And so, that's something that we now put into place, where there is a committee that evaluates why is this person -- First of all, I want you to understand that it cost us a lot of money just to even get you into the academy, so I'd like everyone to pass. But, certainly, that's reasonable. One of the things that they had asked me was, "We want to see Kelvin Harris reinstated into the Police Department. At the time, he had been relieved of duty. I was not -- one of the things that they don't understand. I was not able to tell them at the time, "He's under investigation by the FBI for the involvement with the cocaine thing. Well, you know, they weren't pleased. They thought that I was dismissive in one of the things that they had mentioned. And so, I even tried to, you know -- let me change the subject. Let me delay having to speak to them about it, because I didn't want to be in an uncomfortable position. You know, I just can't come out and say, "Hey, man, the thing is, it's this. " So there are certain things that I think, honestly, that they didn't realize that's not as simple as it may seem, but I'm certainly willing to listen. Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Yes. I mean, I know how you feel. And what I propose have nothing to do against you or anything, but I want to know -- get is -- I mean, I want meeting of the mind of both of you guys or an investigation. But I am going to say this. I mean, many people might not like it. Many boys would not like it. You see, we have been living for the past hundreds of years in a male society, male -dominated society. But according to the last reports that I have gotten from universities and -- This problem that you have about having the best students that you get or the best tests come from girls. Well, let me tell you, the problem is happening also in -- at universities and at the medicine entrance test. You see, nowadays, they are -- most of the -- the majority of students in medical school are ladies, are girls, you see. And also is that that is happening also on the entrance exam for law school. And what are you going to do about it? I know the predicament that you are. If the best tester is a lady, are you going to punish her? You see, it is a very, very difficult problem. And we guys, we better shape up and start studying and then trying to do better, because we are going to -- losing ground. I mean, girls are really surpassing us, and then they are -- City ofMiami Page 68 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 this is going to be in future a ladies -dominated society, because most of --you can see it. You go to any graduation in any -- at any university, and you see we have more ladies, more girls graduating than boys. Chair Hardemon: Our university was 7 to 1. Commissioner Reyes: Seven girl for each boy? Chair Hardemon: Seven --well, in undergaad. Seven girls to everyone -- Commissioner Reyes: You lucky -- Chair Hardemon: Thanks very much. I'm glad you recognize it. Commissioner Reyes: -- son of a gun. Chair Hardemon: I was at Florida A&H (Agriculture and Mechanical) University, so you know. I know (UNINTELLIGIBLE) some of you all. Commissioner Reyes: Okay. Chair Hardemon: Commissioner Carollo -- Commissioner Reyes: No. I mean, I agree with the Chair. I think that -- Hey, come together, and if something is -- that can be fixed. And I do understand that the perception is real had, and sometimes there is misunderstanding, but that definitely, there is a segment of our population that feel that are being left out; it is reality, and we cannot allow that in our city. We cannot allow that. So everything have to be in the open and to be transparent. Later Commissioner Carollo: To the Chief, I just -- I want to see if we could finish this up tonight. You're a little sick with your ear; I am too. I haven't recouped from that had cold. But the issue with the demotion of the major to captain the day before they were supposed to appear before us, that is very troubling to me. Is there anything that you could share with us, Chief, why that happened? Chief Colina: So there's -- I'll make two quick points, and then I'll ask the City Attorney. First, I get to choose my staff. Commissioner Carollo: Excuse me? Chief Colina: I get to choose my staff. Commissioner Carollo: That's correct. Chief Colina: And as you know, the reason for that is that I'm ultimately going to be held accountable for anything and everything that's -- Commissioner Carollo: That is correct. Chief Colina: -- right or wrong, fair or not. I'm -- as you can see, I'm the one that has to come and answer, as I should be. And so that's point one. What I explained to Dana Carr that day when I called her in was, "This is your assignment. This is your new position. These are the hours, " et cetera, et cetera. Cannot get into the specifics of why, based on the legal opinion of the Assistant City Attorney that is present, because City of Miami Page 69 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 this may wind up in litigation. And so, I've been advised to not get into some of the reasoning. What I can tell you is -- because I know that one of the issues is that this was before Commission meeting. What I can tell you is that probably in late August or early September it was the first time that I inquired with the City Attorney's Office, specifically one of the attorneys assigned to the Labor Division, of what I wanted to do and the process of, and some of the things that I wasn't pleased with for quite some time. So this wasn't some knee-jerk reaction, as I know it may appear or as it was presented. That's not the case at all. And again, certainly, what I am more than willing to do, Commissioner, if you'd like -- and again, it's -- if the City Attorney allows me -- I'd be more than happy to meet with you or anyone or a group and discuss it ojjline and give some of the reasoning. I'm willing to do that. I don't know if that's appropriate or not, but I'm okay with that. Commissioner Carollo: I'll take you up on that. Chief Colina: Okay. I mean, if -- as long as they tell me it's okay. Commissioner Carollo: The only thing that I -- yeah. Chief Colina: I follow the advice -- Commissioner Carollo: The only thing that I request from you, before we do that, which you should be able to give me this information right away, I'm going to make to you a verbal public records request for all the information that you have on the issue that can be given to me. Obviously, if there are things that you cannot give to me, you'll cite the right statute. Chief Colina: Sure, of course. Commissioner Carollo: But anything other, you know, I expect to get it, and then we can meet soon after that. Chief Colina: Okay. Commissioner Carollo: Thankyou. Chief Colina: Ma'am? b ictoria Mendez (City Attorney): We will discuss with -- individually, with the Commissioners and -- Chief Colina: Okay. Commissioner Carollo: We can discuss that off the dais. ChairHardemon: All right. Commissioner Carollo: I just ask you one more thing. If maybe you can give them, if they need, no more than five minutes, so we could finish this tonight, if they want to respond to anything. ChairHardemon: Okay, I'll do that. Commissioner Carollo: If you would, Chairman? ChairHardemon: And then also, I'll give -- No. Okay. City of Miami Page 70 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Mr. Jean-Poix: Okay. Thank you. I appreciate it. Once again -- I hate to say this -- Chief Colina was being untruthful. If you look at that August 6 meeting that we had with him in 2018, we sent him a certified letter of everything we discussed with J.C. Perez. We never, one time, said anything against the black females. Commissioner Hardemon, I'm glad you understood it. Every time we spoke about black males being underrepresented, he countered, "Well, what's wrong with the black females?" We said, "We don't have a problem with the black females. Actually, we think you made a good choice. But we want to focus on the black males that are underrepresented. " He said, "Well, I don't agree with that, if'you're not qualified." We said, "Well, what do You have to do to get qualified? " He couldn't tell its. Chief Colina: That's not true. Mr. Jean-Poix: Wait. Time out, time out. Chief Colina: That's not true. That is a boldface lie. Mr. Jean-Poix: Time out. I didn't -- Chief Colina: I even offered to go to the MCPBA meetings -- Mr. Jean-Poix: Yeah. Chief Colina: -- and speak to the members and address them directly. I've offered that I don't know how many times. Commissioner Carollo: Mr. Chair? Chief Colina: I told them -- Commissioner Carollo: Chairman -- Mr. Jean-Poix: Wait. Hold on. Commissioner Carollo: -- why don't we just let them finish. Mr. Jean-Poix: Okay. Chief Colina: This is outrageous, though. Commissioner Carollo: Chief -- Chair Hardemon: Time out. Mr. Jean-Poix: Chief Colina? Chief Colina: And now I'm being called a liar. This is outrageous. Mr. Jean-Poix: No. Chief Colina, I'm being -- JC. was there. We never said anything against black females; on the contrary, we commended them. And I said to him -- that's how we got to the topic of Brickell and other areas. I said, "Chief ' Colina, the problem is we're relegated to the black areas. We have no problem working the black areas. You can open up Brickell, other specialized units. " I said, `7 could give you some examples. " Major Umset Ramos, he was the commander in Community Relations. Commander Freddy Cruz, he was a commander in PIO (Police Intelligence Operations). So I said, "You can create positions to help give African American males a opportunity. " He didn't like that answer. So we asked him, "Well, what are you City ofMiami Page 71 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 looking for? Give us some qualities that you're looking. for. " Is that not correct? We asked you to tell its what we can bring back to the membership to help increase. Is it training? Is it community service? Is it years of experience? He never offered. We offered to go to the academy. And I'll let my vice president say a couple things. Secondly, I wanted to address, which we're insulted by. He likes to promote how many people he promoted. But ask Chief Colina how many people he demoted or forced to resign? They all look like me. We have Latin -- and you have Latin commanders and staff members committing all types of violations, but they keep their position. Assistant Chief Jackson, forced to resign. Now Major Carr, demoted. They only look like us. So how does it seem -- how would you perceive it if you were the MCPBA? You wanted to say -- Chief " Colina: And I think what he's saying there is, once again, "You are a bigot. " And you asked, you asked me, "Would you be willing to meet with them? " Well, this is when I said, "This is not acceptable. " He knows in his heart that I am not racist, I am not a bigot. This has nothing to do -- Commissioner Carollo: Chief, I -- Chief Colina: -- with the color of your skin. Nothing. But once again, I mean, I'm not a dumb man; I can hear pretty clear. "They look like us, " you know. So, you know, you 're saying that it is about race, and I think I showed very clearly this has nothing to do with race. I offered to go meet with members of the MCPBA. By the way, we've just put in a model program where, if you're a police lieutenant, you can put in, you will receive training, and then you will be assigned to staff member so you can be mentored, and we can create an opportunity for the next future leaders of the organization; one of many, many, many steps that we have taken at the City of Miami Police Department. Commissioner Carollo: Excuse me. Chief Colina: But it's difficult to want to meet when, once again, this is the allegation. Chair Hardemon: So I think we've been more than generous with our time. Commissioner Carollo: Yeah. Chair Hardemon: I think that we've really delved into, you know, these things, right? I want to see us come to an agreement about some things, about how we can move forward. The next time we all come together -- right? That may not be next meeting or the next month, or whatever, because you all have to work with each together. But the next time we come together, I want to know that we have come up with a solution, progress, with how we're going to move things forward. I do think that -- I mean, you made yourself very clear. You didn't mince your words. Your rebuttal was not with minced words either. My point to you is that, at this point, we're trying to find some way that we can come to a meeting of the minds, and I want to caution you, at least at this point, where we've come to this -- you've spoken, he's spoken, we've all listened, we've offered advice -- that we do not offend each other. We had some disagreements. I understand what you just said. What you said was -- is a matter of fact, but I want to -- I always want to remember -- I want all of us to remember, this is about the results, the effect -- Mayor Suarez: I'm going to be very brief. Chair Hardemon: -- what's happening, and not necessarily about -- it could or could not be about the action, and we want to kind of get to that. Okay? So I want to -- If you can promise me -- City of Miami Page 72 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Mr. Carr: One -minute statement, I promise is going to be (UNINTELLIGIBLE). Chair Hardemon: -- that you're not going to -- Mr. Carr: I promise you. Chair Hardemon: -- cause our Chief of Police to respond to you. Mr. Carr: No. Well, he's probably going to respond, but it's not going to be disrespectful. Chair Hardemon: Okay. Mr. Carr: I just want to say that if you look at the letter that I placed in your package, it'll show you exactly what we spoke about. We're not lying about the fact that we wanted all of our African Americans to be promoted. It's -- there's a litany of things that we wanted to talk about. The disingenuousness of what he's saying is sad. It saddens me. But we're here today because for six months, he didn't want to talk to us. Chief Colina: That's not true. Mr. Carr: Probably longer than that. Let me finish, Chief. Chief Colina: That's not true. Mr. Carr: We've got cancelled meetings, cancelled letters. We're not here because -- we didn't go to the media because we just thought that was a good idea. We went to the media because -- We went to Mr. Napoli -- I'm sorry if I've messed your name up -- because the Chief refused to meet with us. So we went to the City Manager, who sent us to him, to make the Chief meet with us. So every step that we've taken has been to work with this Chief, who's refused to work with us. And so, I'm glad that you're forcing him to do a job that -- And he did just now what you said he was -- Chief Colina: I won't be meeting with you. Mr. Carr: Let me finish. Chief, let me finish. Chief Colina: Just so you know, I won't be meeting with you. Mr. Carr: Let me finish, Chief. Don't be disrespectful. Chief, let me finish. Chair Hardemon: Chief? Chief Colina: No, no. Mr. Carr: Let me finish right now. Chief Colina: I'm not meeting with him. Just so you know upfront right now -- Chair Hardemon: You mean Carr? Chief Colina: -- I'm not -- yeah. I'm not meeting with Ramon -- First of all, that is disingenuous. I have my aides every -- Mr. Carr: Chief -- City ofMiami Page 73 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Chief Colina: You can speak to everyone in my office -- Mr. Carr: Chief, can you please let me finish speaking, Chief. ChairHardemon: Chief, chief? Chief Colina: -- the amount of meetings -- ChairHardemon: Chief, Chief, Chief? Commissioner Reyes: Chief-- ChairHardemon: Everybody calm down. Commissioner Reyes: --Chief come on. ChairHardemon: You too, you too. Everybody, be quiet. Commissioner Reyes: Listen -- ChairHardemon: Everyone be quiet. Commissioner Reyes: -- you're getting nowhere like that. I mean, this is -- this -- we are trying to get you together, and everybody has to give something. Chair Hardemon: Look, I don't even want to say anything. Hear me out. We just had something like this happen at our last meeting. This was a wonderful meeting that we had today. Commissioner Reyes: Oh, hell yes. ChairHardemon: Right? Commissioner Reyes: Yes. Chair Hardemon: And I respect both of you gentlemen greatly. Commissioner Reyes: That's right. Chair Hardemon: I want you all to come to minds. Today, I understand, Chief, why you're upset; you were described as a liar. That is not who you are. I don't believe that's who you are. Right? And I believe that you see facts as I do; one way, and you see facts as I do; another way. Commissioner Reyes: Yeah. Chair Hardemon: Sometimes they're different. That doesn't make you a liar, you a liar, or me a liar, unless you, in fact, lie, right? And we know examples of that. Okay. So we're going to close this meeting, because we've exhausted our Commission -- special Commission meeting agenda, and I want to see some progress. Right? So we're going to be reaching out. I'm sure each of our offices are concerned about this, and we're going to be reaching out. We want to know what the progress is going to be. But I -- Commissioner Reyes: Can we give him a time frame -- I mean, sorry -- timeline sometime, when they will have to come back and report to us? 60 days or something like that? I mean, see if there's been any progress. Because if we don't set -- City ofMiami Page 74 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Chair Hardemon: In 60 days, we can come back and put something on the agenda -- Commissioner Reyes: That's right. Chair Hardemon: -- to say we want them to come back. Commissioner Reyes: Okay. Chair Hardemon: I'm not going to give them a timeline necessarily. Commissioner Reyes: No, no, but -- Chair Hardemon: We want to know in time -- Commissioner Reyes: -- I'm saying for the reports. Chair Hardemon: -- what is -- well, what have we come to? Commissioner Reyes: That's right. Chair Hardemon: And don't be afraid to come to us in between, don't be afraid to come to us for assistance, don't be afraid to come to us and give us updates. I want all of that, okay? Commissioner Carollo: I think we named you chairman of the wrong board. I'm going to maybe ask to reconsider that last motion; that we name you chairman of the Southeast Overtown Board. I didn't know you had so much talent to be a diplomat. Maybe we ought to name you chairman of Sister Cities Program, make you an ambassador at large. Commissioner Reyes: Yes. Commissioner Carollo: You know, you liked that Brazil trip, I was told, so maybe we could send you to a few other places. Chair Hardemon: Well, I appreciate your kind words, sir. Commissioner Diaz de la Portilla: May I move to adjourn now or --? Chair Hardemon: You can move to adjourn; seconded by the Chairman. Seeing no discussion, this meeting is adjourned. SP.7 DISCUSSION ITEM 7065 A DISCUSSION REGARDING KEY TO THE CITY. Commissioners and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes City ofMiami Page 75 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Note for the Record: Item SP.7 was deferred to the January 23, 2020, City Commission Meeting. For minutes referencing Item SP. 7, please see Item .SP. 5. SP.8 RESOLUTION 7066 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City APPOINTING THE MAYOR AND MEMBERS OF THE MIAMI Clerk CITY COMMISSION AS CHAIRPERSONS, VICE - CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON COMMISSIONER CAROLLO OF THE BAYFRONT PARK MANAGEMENT TRUST COMMISSIONER REYES OF THE DOWNTOWN DEVELOPMENT AUTHORITY COMMISSIONER RUSSELL OF THE MIDTOWN COMMUNITY REDEVELOPMENT AGENCY COMMISSIONER DIAZ DE LA PORTILLA OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY COMMISSIONER HARDEMON OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ENACTMENT NUMBER: R-20-0004 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Russell, Hardemon Chair Hardemon: I wont to recognize Conmussioner Diaz de la Portillcr. Commissioner Diaz de la Portilla: Thant you �l=lr. Chair. I have a motion. Chair Hardemon: And then also, the Tice Chairman after-l=lr. -- City ofMiami Page 76 Printed on 01'29%2020 City Commission Meeting Minutes January 17, 2020 Vice Chair Russell: Fin good. ChairHardemon: Oh, okay. Commissioner Diaz de la Portilla: I have a motion that I made if -- on the table, I think, that we take up instanter, SP.8, and I want to complete my motion, if I may, because I was interrupted earlier? Chair Hardemon: Can you make the motion in its entirety so you can get a second? Commissioner Diaz de la Portilla: I will, sir. I will, sir. Mayor Francis Suarez: SP.8. Commissioner Diaz de la Portilla: That we take up SP.8 immediately, instanter, obviously and we appoint Commissioner Carollo to the Bayfront Park Management Trust; we appoint Commissioner Reyes to the Downtown Development Authority; we appoint Commissioner Russell to the Midtown Community Redevelopment Agency; we appoint myself to the Omni Community Redevelopment Agency; and we appoint Commissioner Hardemon, you, Mr. Chair, to the Southeast Overtown/Park West Community Redevelopment Agency, and that we defer all remaining appointments for ti ice Chairpersons and for other members of other boards to the date certain meeting on January 23. Chair Hardemon: And I want to clarify the motion because I didn't capture everything. I do have Commissioner Joe Carollo as the Bayfront Park Management Trust. I see that you said Commissioner -- Commissioner Diaz de la Portilla: Commissioner Reyes to the Downtown Development Authority. ChairHardemon: Correct. Commissioner Diaz de la Portilla: Commissioner Russell to the Midtown Community Redevelopment Agency; myself to the Omni Community Redevelopment Agency; you, Mr. Chair, to the Southeast Overtown/Park West Redevelopment Agency, and every other appointment be deferred to a date certain time of January 23, our next Commission meeting. Commissioner Carollo: Is there a second to that? Commissioner Reyes: I second. Commissioner Carollo: There's a second to that now. Chair Hardemon: It's been properly moved and seconded. Is there any discussion? Commissioner Carollo: Discussion. The only discussion I'd like to make is I wasn't finished with SP.9. I want to go back to the second -- Commissioner Diaz de la Portilla: Let's just get this one out of the way, Commissioner; then we'll go back to that. Commissioner Carollo: So once we vote on this, if you don't mind -- Commissioner Diaz de la Portilla: No, of course. City of Miami Page 77 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: -- I just don't want you all to think that I was finished with SP. 9. Commissioner Diaz de la Portilla: We know you're not, Commissioner. Commissioner Carollo: If we could go back to that then, I'd appreciate it. Commissioner Diaz de la Portilla: Thankyou, sir. Chair Hardemon: And the board appointments that are being pushed to another meeting are the vice chairmanships? Commissioner Diaz de la Portilla: The chairman -- the chairperson appointments, on top of the SP.8 -- they're in your -- on your list -- to appoint as chairperson -- the ones that are being deferred are the vice chairmanships and then the memberships of the Greater Miami Convention and Iisitors Bureau and the Florida League of Cities. All the other ones deferred to the next regularly scheduled Commission meeting, which is next Thursday. Chair Hardemon: Okay. Is there any further discussion about the motion on the floor? lice Chair Russell: Yes, of course. Chair Hardemon: You're recognized, Commissioner. Vice Chair Russell: Thank you. It certainly doesn't escape me that we are looking --or the motion and the second is looking to remove me as chairperson of the Downtown Development Authority, as well as the Omni Community Redevelopment Agency. As having chaired both of those agencies for the past four years, and both of those agencies are fully encompassed within my district, I would like to continue serving on those. Both of those have been very large ships to turn, and I'm very proud of where they've come to, and I look forward to a lot more improvements, but these are the greatest tools with which I can serve the district residents that I'm accountable to, and I would like to continue to do so. The Midtown Redevelopment Agency is pretty much a dormant entity, other than for administrative functions. So my ask is to continue with the Downtown Development Authority. The Community Redevelopment Agency, I would continue to serve on as a member. And so, I'm open to some cooperation there. But the Downtown Development Authority, once I would not be chairing that, I would no longer be a member of that body. And even though it's not an automatic appointment for the district Commissioner to be that chairperson, I look to this body so that I can continue that work. Chair Hardemon: Is there any --? Bice Chair Russell: So that would be a requested amendment. Commissioner Diaz de la Portilla: I'm not accepting any amendments. I did leave open the appointments to the vice chairperson of some of these entities for next week, so we can have conversations next week about this. I do have two discussion items next week; one is on the recomposition of the Downtown Development Authority. Some ideas that I have on that that we'll be able to discuss next week. And then a conversation on the CRAs (Community Redevelopment Agencies) and some consolidation, perhaps, that we can talk about. Again, just discussion items to begin the process of being -- of streamlining some of these agencies -- Commissioner Carollo: Commissioner -- City of Miami Page 78 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Diaz de la Portilla: -- making them more efficient. But we do have a motion on the floor and we have a second. Commissioner Carollo: -- if I could respectfully request of you that you get from the Clerk every bit of information on the CRA, how the procedures are -- because this is one agency that's somewhat more peculiar than the others -- so that you come fully prepared for that discussion that you want to have. Commissioner Diaz de la Portilla: I had the conversation with the City Attorney yesterday on the Downtown Development Authority. I plan to have a number of conversations about that Authority. I'm not happy with their behavior and their public comments, but I'll make that -- I think we -- there will be a time for that conversation in depth next week. Commissioner Carollo: Sure. I'm trying to do the same now -- Commissioner Diaz de la Portilla: Right. Commissioner Carollo: -- because I'm not familiar how they work. And I will tell you this that after some of the statements that I've heard from members there, I'm very disturbed; particularly, how we can pay someone a full year in violation of State law. Just because you claim that they're going to be a consultant, when you're actually giving them severance pay of a year when State law says the most you could give is six weeks, doesn't make it legal. I've heard too many stories there. I don't know if it's true or not, that this is hush money so this person won't file suits, won't complain. I have no idea. But in essence, the agency is paying for two executive directors at the same time. So I'll be trying to familiarize myself with the whole process of that agency so that I could be a little better prepared for you also when you bring this up. Commissioner Diaz de la Portilla: And Mr. Chairman-- And I appreciate your cooperation, Commissioner. I'll ask -- I want you to look -- I can't say it privately; I can say it publicly. I want you to look into some of the public comments that were made by some of the members of that board, and even an applicant for executive director on Twitter, some of the comments that were very inappropriate and I think disrespectful of this body -- of the authority of this body to make decisions for that entity, so that recomposition I think is in order, and at least a conversation about it. And I think we'll - - but again, let's leave that for the discussion item for next week. I think we have a motion and a second, Mr. Chair. Commissioner Carollo: We -- thank you. Lice Chair Russell: Mr. Chairman? ChairHardemon: Do you have any discussion, Mr. Reyes? Commissioner Reyes: Nope. Chair Hardemon: If not, then I'll recognize Commissioner -- Commissioner Reyes: The only thing that I'm going to say -- [ice Chair Russell: Thankyou. Commissioner Reyes: --is that I know of DDA since it was formed. I was -- I did work a lot with Matthew Schwartz, which was one of the founders of it, and he was one of the first director. And it is important that we be more aggressive, and a comprehensive developmentplan should be implemented in downtown Miami. City of Miami Page 79 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Vice Chair Russell: Thankyou. ChairHardemon: Commissioner Russell. Lice Chair Russell: I just wanted to respond to the mention regarding the salary and the compensation package for the outgoing executive director of the DDA. If I'm not mistaken, the City Attorneyss Office made arrangements with each of your offices to brief you on why and how that package was brought about. And so, it is very important to note that it was not the body of the board, nor the transition committee, nor I, the Chairman, that negotiated that. It was a settlement between attorneys representing the outgoing executive director and the City of Miami. So if you've had your private briefing on that, you'll know -- Commissioner Carollo: I have not. Lice Chair Russell: -- where that came from and what it was, but it's certainly not intended to be the parachute that was implied. Chair Hardemon: Gentlemen, I would like to say during this discussion about the motion that's on the floor, there were some statements that were made during public comment, and this individual is someone who tends to make pointed arguments regarding issues of concern; some, I agree with; some, I do not. But I would always agree that she does it in a graceful way, and her arguments are usually sound, no matter if I believe they are wrong or if they are right. And on the statement that she made earlier, Ms. Solares stated that when someone is appointed chairman of an organization that they're not accountable to -- through the constituency that is over that area, it becomes problematic, simply because the constituency that's being represented by that body in that space doesn't have -- really the franchisement to make their position something that should be followed. Now, we, as a body, as a City of Miami Commission, we make decisions that affect the entirety of our communities. My vote, no matter what district I'm elected to, can affect Commissioner Carollo's district, it can affect Commissioner Diaz de la Portilla's district, and it is an awesome responsibility, and I respect that. But that vote is also given with great consideration to each of the district Commissioners and how they believe that their community should move forward, and I think that is something that is all -- it is a fundamental debate, districts versus citywide decisions, but it is something that I think, as colleagues, that we've given great deference to, even at times when we vote against that Commissioner's will in his district, because I've been on the deciding vote as well, and I'm sure other Commissioners have. And so, here, when it comes to these different positions, I'll -- I mean, I'll tell you greatly. I mean, the DDA is not something that I've been greatly involved in. I have not attended any DDA meetings. I make my appointments as necessary to the DDA. I think it was DDA. Well, whoever -- whatever entity it is, especially in the downtown area. But I know that these organizations take a great deal of time and consideration, and they're not easy entities to deal with. I mean, these are entities that are filled with leaders from our community, who are both residents and business owners. As you know, business owners tend to be individuals who are competitive, so they don't always agree with each other. They sometimes want to get a competitive edge in one way versus another. I see that in my community, as well as, I see it in the DDA. And I'm saying here, when it comes to the Omni Community Redevelopment Agency and the Downtown Development Authority -- in no regards, this is a comment about the Commissioners who seek to be appointed to those positions. This is only a comment about the Commissioner who serves there today. When it comes to the Omni Community Redevelopment Agency, Commissioner Russell came upon chairmanship at a time when Miami -Dade County issued a report that was very critical of the CRAs, a report that was generated from the prosecutor's office, using individuals who were not educated on the issues of CRAs. And all over the state there are CRAs, and none of City of Miami Page 80 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 them perform quite the way that our agencies do right here in South Florida, but especially the ones that are under our authority as the Miami City Commission. And so, I will tell you that I've witnessed as a chairman -- I've been chairman of the Southeast Overtown/Park West CRA for the time of -- my entirety -- that I've witnessed the maturation of that CRA in ways that I never thought that it would happen, and it's probably because -- well, really, it's all due to the responsibility of its chairman. The Chairman has taken a CRA that was unpopular and has attempted to do things with that CRA that I think are noteworthy. And with the DDA, for instance, having all those different combating personalities, that is -- as he put it, it's a difficult ship to steer, and I think he's starting to turn it. And so, I would ask of this Commission that we really consider maintaining the chairmanships as they are for Commissioner Russell, to ensure that he has an opportunity really to do and implement his vision for those -- the CRA and for the DDA, and perhaps, through partnerships; that there is a way through vice chairmanships, et cetera, that the vice chairman and the chairman of organizations that there's interest in can come up with ways that we can streamline those organizations and make them better, serving our community. Obviously, the Omni Community Redevelopment Agency is an agency that I border in the Southeast Overtown/Park West community. Also, that in districts we border, District 2 and District 5, and there's some overlap there that has, in the past, been very confusing, but it's been working pretty well under the leadership of Commissioner Russell. And so, I applaud him in his (UNINTELLIGIBLE) attempts there. And my plea to you all is not to remove him from the chairmanships of those, and to -- we should at least begin to work together and maybe name -- in certain organizations -- like I'd be willing to give up -- even though I'm extremely involved in the redevelopment agencies, you know, I'm willing to give up vice chairmanship to allow someone to come in to learn more about it. Because I'll tell you, the CRAs are not always the easiest entities to get a quorum at, and I know that I've been present at every CRA meeting, I believe, that has been called, and so -- as the Chairman. And there are other Commissioners, of course, that have contributed to that quorum, because they have much to say, and Commissioner Reyes, you're one of them, and also, your predecessor was actually one of them. And so, I just want to see us move forward in a way that can be productive, and maybe we can think about other ways that we can really get to the goal, which is to make these redevelopment agencies better, and these organizations, such as the DDA, better at what they do to serve our public. That's my plea. Vice Chair Russell: Mr. Chairman? ChairHardemon: You're recognized, sir. Vice Chair Russell: Just want to clarify one thing. I misspoke earlier saying that both organizations completely encompass the district that I serve. Because what you said is absolutely correct, and it's poignant, though. The CRA, the Omni CRA that I chair, does have parts of your district in it, and this is why it's very important to recognize where a district Commissioner has their finger on the pulse of the residents they serve. Because a CRA especially is not about deals or development, even though that's what the agency has within its charge. It's about the people that live within a CRA, eliminating slum and blight, and improving the quality of their lives who live there; to allow for an improved neighborhood without displacement. Before I became the chairman, and once I came in, there had never been $1 spent on affordable housing or historic preservation within the Omni CRA that wasn't in District 2, and if I can just clarify that. That means that when a Commissioner was the chair of that agency, the money was being spent where their votes were, where their representation was, but not beyond And honestly, that area, that 10 blocks of the east edge of Overtown, was the area of most need and getting the most neglected. A Commissioner of the district is the best to serve a board of their neighborhood. Those are the people that voted for them. And if they start messing around, those are the people that can vote them out. And I feel very accountable to the residents of the entire Omni CRA, and the things we've done there as a body, I'm very City of Miami Page 81 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 proud of. We are on the cusp of major accomplishments there. The School Board just announced through a vote this week 21 acres that they're going to work together with the CRA to put on the tax rolls that were never there before to create educational opportunities, affordable housing opportunities, mixed use, teacher housing; so many things. And it's just too important, you know, to stand by and watch it disappear as a hostile takeover, because that's what we're looking at here. We have terms, and in a sense, coming out of a re-election, I'm halfway through my eight year term, and I need to complete what I started in this district and for the City, and that's why it's very important to me. And I want to maintain congeniality with this body. I want to work together, and we're going to see how we're going to need each other more and more and more as we go forward. So as I said, I'm open to some negotiation, compromise, but if this is simply, "Let's take the chairmanships away from Commissioner Russell, " I think it's the wrong way to go for a body that claims to not play personal politics or engage in petty maneuvers. I really believe we can work together, and I want to work together. We're going to get past this growing pain moment that this body's going through, and we will show that Miami is resilient, despite its own elected officials. It always continues to thrive, and we'll find a way. So that's -- I'm going to just say that is my piece, and you will vote as you will, but, of course, I'll be voting "no" to take the chairmanships away from the district Commissioner who is trying to do good for their neighborhood. Thank you. Chair Hardemon: Is there arty further discussion? Seeing no further discussion, all in favor of the motion on the floor, say "aye. " Commissioner Reyes: Aye. Commissioner Carollo: Aye. Commissioner Diaz de la Portilla: Aye. Chair Hardemon: All against? Vice Chair Russell: Nay. Chair Hardemon: Including myself as a "nay." Motion carries. Commissioner Reyes: And I want to add, Commissioner Russell, I will -- very much would love to work with you, but I got new ideas, I got -- and I had a lot of people that had come to me, and I think that we got to be -- we got to take a different direction, and that's why I'm (UNINTELLIGIBLE). You're welcomed to any suggestion or anything, and it will be appreciated, any help that you want to (UNINTELLIGIBLE). Thank you. SP.9 DISCUSSION ITEM 7073 A DISCUSSION ITEM BY AND ANY AND ALL ACTIONS AND/OR Commissioners RESOLUTIONS OF THE MIAMI CITY COMMISSION REGARDING THE and Mayor EMPLOYMENT STATUS OF THE CITY MANAGER. RESULT: DISCUSSED Note for the Record. A motion was made by Commissioner Reyes, seconded by Commissioner Diaz de la Portilla, and was passed unanimously, to reopen agenda item SP.9 (Employment Status of the City Manager) for further discussion. City of Miami Page 82 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Chair Hardemon: Commissioner, I will call to our attention SP.9. Commissioner Carollo: Can I ask you a favor today? Chair Hardemon: A favor? Commissioner Carollo: I'm still a little under the weather. Chair Hardemon: Yes. Commissioner Carollo: Ifyou could be a little more gentle with the hammer? Chair Hardemon: That was my gentle. Commissioner Reyes: Don't be so (UNINTELLIGIBLE). Chair Hardemon: Understood, understood. SP.9. Commissioner Carollo: Okay. Let's go to SP.9. This is 'A discussion item by and any and all actions and/or resolutions of the Miami City Commission regarding the employment status of the City Manager. " Before I proceed, Mr. Deputy Manager, we had sent an email last night requesting the presence today of the Director and Deputy Director of the Building Department, in addition to the Director of Code Enforcement. Do you know if they're here today or --? Joseph Napoli (Deputy City Manager): Yes, they are, Commissioner. Commissioner Carollo: Okay. Well, I see the Director of Building, and I see the Assistant or Deputy, as you call him, Director. All right. Mr. Building Director, could you come up to the podium, ifyou would, please? Jose Camera (Director, Building Department): Good morning, sir. Commissioner Carollo: Good morning. Thank you. Thank you for being here today. Yesterday, at approximately 11: 05 a.m., I had a meeting with the City Manager Emilio Gonzalez. Several days before the meeting, I had requested if he would meet with me before today's meeting. Mr. Camero: That (UNINTELLIGIBLE). Commissioner Carollo: No, no. With the City Manager Gonzalez. I had requested if he would meet with me before today's meeting. The purpose of my wanting to meet with him, as I stated to him yesterday, beginning at approximately 11: 05 in the morning, was that since the information that I provided to this body on December 9 -- even though he lives 10 minutes from here, and after I presented that information hours and hours of additional meeting time went by, and he did not come at all to address us. And then over a month had passed, and frankly, I was surprised that he never bothered to call any of his bosses up here, that I knew of -- certainly not me -- to give its an explanation, in particularly with the area having to do with permits and procedures and his home. I thought that I would take the initiative and ask him to come and meet with me to see if there was anything he wanted to say or explain to me. He stated to me at the time that the reason he had not done any of that was that -- because he didn't know if there was an investigation or not, or the status of it all. He wanted to let the dust settle on the investigation before he would speak. But he said that, however, he had done everything proper as he was told that he was supposed do it. I was surprised when I heard that last part. And I then asked him who told him how to proceed with his applications, et cetera. City of Miami Page 83 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 And he stated, after he waited a few seconds and started pulling back (UNINTELLIGIBLE), he stated that it was the Building Department. Mr. Camero: Yes, sir. Commissioner Carollo: I then stated to him that the Building Department is a lot of people. Who in the Building Department told him how to do this, how to go about it, to do what he did? And he gave me your name; that you were the one that instructed him to do what he did. And then he said that, after he paused for a couple of more seconds, that it was in addition, the Deputy Director that also guided him and told him what he had to do in the way that he did. Now, since I would really be surprised that the Director or Deputy Director would not know the proper way of doing things, I was very surprised with his answer. He didn't want to say anything else, and we finished that part of it there. So this is why I have you here today. Mr. Camero: Okay. Commissioner Carollo: And I just want to know from you in a proper manner, like we've done many times in this City's history, to get some answers from you on what I just described. And what I'd like, so this could be official, if you could go under oath so that any statements thatyou make are -- Mr. Camero: Sure. Commissioner Carollo: -- under oath -- Mr. Camero: Not a problem. Commissioner Carollo: -- which is a big difference in that. So Mr. Clerk, can you place the Building Director under oath, please? Todd B. Hannon (City Clerk): Madam City Attorney, I'm being requested to administer the oath to the Building Director. Is that something that I am able to do? Normally -- and sorry; Commissioner. I just want it for clarification. I normally administer the oath for quasi -- Commissioner Carollo: Mr. Deputy Manager, if you have anything to say, I would appreciate -- Mr. Napoli: Well, Commissioner, I'm just a bit concerned that the body decided not to do this before, and instead have the Auditor do an investigation. So I just want to make sure with the City Attorney that we are doing things correctly before we do this. Commissioner Carollo: The body did not decide on anything other than what the body decided of sending this to the Auditor General. What I'm trying to get now -- based upon the information that the Manager gave me yesterday, I'm trying to get some facts put into the record. Mr. Napoli: I would ask that the City Attorney opine on that, please. Commissioner Reyes: IfI may interject? ChairHardemon: You're recognized, Commissioner. Commissioner Reyes: Commissioner, with all due respect, I know how you feel, and I know that it is very important to get to the truth and to learn -- I mean --for not only us, but for the residents to know what's going on in the City government. But we have an City of Miami Page 84 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 investigation. And one thing that I was going to request is that that investigation continues until the Auditor finds out what really happened, and if the allegations of abuse of power really happened or not. So all that information is very good, and I think that we should wait until it finishes so we can take action that -- Commissioner Carollo: Well -- Chair Hardemon: You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you. The only thing that I would request that we make clear to the Auditor General that he could have subpoena power to place people under oath if he so needs to. And there is a big difference when someone is being questioned not under oath than when they're being questioned under oath in something of this nature. And again, I was so amazed by the answer that the City Manager gave me; that you, and then he said the Deputy Director, were the ones that advised him on what he did when it would be totally improper; that I felt that I needed to get an answer, but if it is will of the Commission that the Auditor General will proceed with that, so be it. I just want to have a consensus here that the Auditor General can place people under oath if he needs to, and if there's any request that he needs to make of the Commission of that or even subpoenas that he could immediately bring it to this body so that we could accomplish that. Commissioner Reyes: Through the Chair. Chair Hardemon: Madam City -- You're recognized. Commissioner Reyes: The Auditor is here. Why don't we ask him what he needs? Where is the Auditor? Chair Hardemon: Madam City Attorney, do we -- I don't have the Auditor's duties in front of me. You can move forward, sir. And so, we just want to make clear -- because I believe that his duties are described perfectly -- does he have the authority to subpoena and place individuals under oath? Theodore Guba (Auditor General, City of Miami): I don't have subpoena powers. Chair Hardemon: I want to recognize you now. You're recognized. Mr. Guba: Ted -- I'm Ted Guba, Auditor General, City of Miami. No, I don't have subpoena powers. Chair Hardemon: Okay. And do you have powers to put individuals under oath before you take statements from them? Mr. Guba: I -- no. ChairHardemon: No. Mr. Guba: Not to my knowledge. Chair Hardemon: Madam City Attorney. Victoria Mendez (City Attorney): So in conducting investigations, the Mayor, City Commissioner, any committee thereof, may require the attendance of witnesses and the production of books, papers and other evidence, and for that purpose, may issue subpoenas, which shall be signed by the presiding officer of the City Commission or the Chair of such committee as may be -- which may be served and executed by any police City of Miami Page 85 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Officer in the City. So basically, if the --you can issue the subpoena for him and he can proceed. Commissioner Carollo: That's for subpoena. Mayor Francis Suarez: Right. Chair Hardemon: Want to recognize the Mayor. Mayor Suarez: Go ahead. No, I defer. Commissioner Carollo: Thankyou. Chair Hardemon: Commissioner Carollo. Commissioner Carollo: That's for subpoena, but there's another part that is equally as important and more quicker and feasible in placing people under oath. Now, I can tell you, in my 40 plus years of history with the City, that we have done that many of times and placed City officials under oath in different Commissions. In fact, I remember one when I was just about 25 years old, and that was with the Finance Director, Mr. Gunderson (phonetic), who ended up being indicted by the State Attorney's office and taken out of office for lying after he was placed under oath. But I just wanted to see what the City Attorney has to say on placing people under oath. Ms. Mendez: So a sworn statement can be taken if Mr. Guba decides, but obviously, if he doesn't have the power to take the sworn -- to administer the oath, then the court reporter that's present can also administer an oath. So it would be up to Mr. Guba how he takes his statements. Commissioner Carollo: Okay. So he has the right to decide if he wants to ask people questions under oath or not? Ms. Mendez: Right. I don't know what his usual -- you know, what he does, but he does have a right to bring in a court reporter and take a sworn statement. Obviously, I understand that he may not be able to administer the oath -- Commissioner Carollo: But the court reporter always does. Okay. And so, that's established, and that's what I wanted to get the rules on how Mr. Guba could proceed and for him to know what abilities he has under his disposal. Chair Hardemon: And I'll tell you, to the members of this board, I'm unsure. I'm not sure what his abilities are when it comes to taking statements under oath, statements from individuals that we must consider, et cetera. So just -- I don't want to be confused about my silence regarding the issue. I'm not saying that I concur with, you know, what we're saying here. However, we're not making any -- we're not doing anything. We're not taking any action item. I understand you're trying to clarify for the record. And so, I'm sure that this is going to be something that we're going to continue to talk about through the City Attorney to figure out what abilities and capabilities our Auditor has, and how individuals that come before him are to conduct themselves. Because obviously, statements that are made under oath are very serious statements. I tell that to our residents all the time. When you come before the City Commission, and we are a quasi- judicial body, you're affirming that the statements that you're making are to be true. And if you make false statements, those statements are actionable in a court of law. And so, obviously, it's important for us to get the truth regarding quasi-judicial matters and even matters of importance, because this could be one of those items. So I just want to make that clear. City of Miami Page 86 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Mr. Guba: Right now we're still gathering facts. We have compiled a list of people that we plan to talk with, but we're not ready at this point, but before we do so, we'll confer with the City Attorney on the proper procedure. Chair Hardemon: Thank you very much. I want to recognize the Lice Chairman and then Commissioner Diaz de la Portilla. Lice Chair Russell: Thank you, Chairman. Mr. Guba, is the scope of your inquiry or investigation able to go into allegations of fraud or criminal activity, or simply procedure and whether hurdles were jumped to accomplish a goal? There were a couple accusations in the issue, some having to do with procedure -- Chair Hardemon: Right. Bice Chair Russell: -- and some having to do with documentation, forgery, or fraudulent misrepresentation of a permit application. Are -- is the scope of your investigation able to go into the criminal side of things? Mr. Guba: Well, there are two allegations. One, that the permit was fast -tracked through the system, and the other allegation related to doctoring documents to support the permitted -- the approved permit. The other allegation was -- the third allegation was related to abuse of power and violation of a couple of statutes. I plan to -- after the investigation is complete, I plan to turn my findings over to the Attorney's Office so they can opine on the legal issues and take whatever action, if any, they need to do. Bice Chair Russell: Thankyou. Commissioner Diaz de la Portilla: Thank you, Mr. Chairman. First to the City Clerk, did we -- I mean, City Attorney -- did we place a deadline on his conclusions when we made the motion? Refresh my memory. Ms. Mendez: I believe there's a report to come back on 1123. I'm not positive. Mr. Guba, do you remember? Mr. Guba: There's a deadline of February 13. I don't know if I can complete it by then. I could have a draft report, but -- Commissioner Diaz de la Portilla: So the question -- Mr. Chair, if I may? So the question is to you, when -- what's your time frame? We don't want this to drag on. Mr. Guba: No, I understand that. Commissioner Diaz de la Portilla: Okay, so we -- Mr. Guba: We're doing this -- Commissioner Diaz de la Portilla: Okay. So what's -- Mr. Guba: --as expeditiously as possible, but -- Commissioner Diaz de la Portilla: But that's not an answer. You have a time frame in your head of when you're going to offer a report to this body? Mr. Guba: It depends on how the questioning goes, if we have to do more work. You know, I -- an investigation is something that you can change direction in as you find out more facts. City of Miami Page 87 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Diaz de la Portilla: But a preliminary report. Mr. Guba: Pardon me? Commissioner Diaz de la Portilla: A preliminary report of -- let me frame it -- let me phrase it a different way. What have we done so far quickly, in a nutshell, and how quickly -- have you uncovered any new facts, arty few evidence? Mr. Guba: No, I can't discuss that. Commissioner Diaz de la Portilla: Okay. Mr. Guba: It's an ongoing investigation. Commissioner Diaz de la Portilla: I'm -- so -- Mr. Guba: But we're getting to the point where we're compiling a list of people. We have compiled a list of people we need to talk with, but we don't have all the facts to develop our final questionnaire. When you're doing -- interview people, I don't want to have to go back. I want to get as marry facts as I can to have a good line of questioning, and hopefully, you know, we'll get to the bottom of it after that. Commissioner Diaz de la Portilla: You do understand that we don't want this to be a never-ending investigation. We want to be able -- Mr. Guba: No. I understand that. Commissioner Diaz de la Portilla: -- to move on with the City business, and -- so we want you to be, you know, as thorough as possible, but don't -- but expeditious as possible. Mr. Guba: I'm going to be objective, unbiased. You'll get the report that expresses only the facts, and it will be done as soon as possible. I think I have a reputation of getting things done expeditiously. Commissioner Diaz de la Portilla: Thankyou ChairHardemon: Commissioner Reyes. Commissioner Reyes: Yes. To answer the question, Commissioner de la Portilla, the directive -- I was the originator of the directive to conduct this investigation. It has a date of February 13 for you to come with a report. If you need more time at that date, you can come and request additional time, but not -- I agree with Commissioner Diaz de la Portilla that we don't want this to be dragging around. But if you consider that this investigation is taking you into a further -- another -- I agree with you, investigations starts in one place, but you don't know where it's going to end, you see. And if you need more time to make a more thorough investigation, or whatever time you need, please come on the 13th and askfor additional time. Mr. Guba: I'll meet with you before the 13th and let you know . Commissioner Reyes: Or before the 13th. But by the 13th, we need -- according to the directive, we need to have this finalized, or you should request additional time, if it is needed. Mr. Guba: I'll give you an update before -- City of Miami Page 88 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Reyes: Please. Mr. Guba: --prior to the 13th, yes. Chair Hardemon: Thank you very much. Mr. Mayor. Mayor Suarez: Thank you, Mr. Chair. I want to make just a very brief statement for the record. My position is that the investigation is unlawful; that it was a subject of a mayoral veto, which was not overturned properly at the last City Commission meeting. Furthermore, the directive that was issued subsequent to the veto is also unlawful, because it was not done according to the Code. So I just want to put that for the record, just to preserve my rights as the Mayor of the City of Miami. We don't have to get into a big discussion or argument about it. I just want the record to be clear as to my position on the investigation. Commissioner Carollo: Okay. Mr. Chairman? Chair Hardemon: Before you respond, I -- is the Mayor seeking any declaratory judgment regarding that? Because I know this is a issue of concern -- Mayor Suarez: Yeah, sure. Chair Hardemon: -- that needs to be -- and I'll -- for the record, I'll tell you -- for this body, any time there is confusion as to the law, I think that it's always important that we get clarification, because it serves our community well that we know both the Mayor, the Commission, and the -- our constituents, that we know what it is that the law says. Obviously, there can be differences of opinions from our lawyer, with other lawyers -- Mayor Suarez: Sure. Chair Hardemon: -- and that is acceptable, but however, the final decision of the law is to be made by a court, and they take all the differences of opinions and weigh them, weigh the facts, and then tell us what the law is to be followed. So I imagine that this could be an issue that would be something that we need to have clarified, because I think it has consequences that go beyond this issue of the Manager and the -- his employment - - or his actions during his employment. You're recognized -- Commissioner Reyes: Since I was the author of this -- Chair Hardemon: -- Commissioner Reyes, then Commissioner Carollo. Commissioner Reyes: -- directive, I want to ask our City Attorney -- and I don't share this opinion that I don't trust the City Attorney, I don't trust City Clerk, I don't trust -- This is what we have, and we have to trust the people that work with us, and we have to follow their advice. Madam City Attorney, it was my directive -- within the authority of me being a Commissioner, do I have -- I mean, it is lawful or it is not? Ms. Mendez: Yes. I respectfully disagree with the Mayor. It is clear in Section 48 of the Office of the Independent Auditor General that the JAG shall be responsible to provide independent oversight of audit functions and for the performance of such other duties as may be assigned by the City Commission or any member of the City Commission. Commissioner Reyes: Now, as a Commissioner, as a politician, as a resident of the City of Miami, I think that all our residents or -- residents deserve that this issue be clarified, because a shadow was cast on this City government and the City Administration, and we -- unless we have an investigation that will clear it, that shadow will be remain on the City ofMiami. In order -- I mean, in the sake of transparency, any time there is a doubt City of Miami Page 89 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 about our behavior, the behavior of any one of us, or any one that works for the City of Miami, it is my opinion that it should be thoroughly investigated so that people know that we are really serving them and that we're not serving ourselves. Mayor Suarez: Mr. Chair? Commissioner Reyes: And I don't see why this -- to a simple investigation, that the only thing is going to find out the truth. If it was true, fine. If it wasn't true, then it was -- the allegations were false. That's it. Chair Hardemon: So I recognize -- Commissioner Reyes: And I think our people deserve that. Chair Hardemon: -- Commissioner Carollo, and then I'll recognize you, Mr. Mayor. Commissioner Carollo: Thank you, Mr. Chairman. The statements that the Mayor gave need some further clarification, and here is one of the areas that I want to be very clear on. While the Charter clearly provides for the Mayor to veto certain items, the veto power that he has is only for items that illegally is allowed to veto. If the Mayor is not allowed to veto certain items, therefore, no matter whether it's placed on the agenda or not, it is an illegal veto, and this body does not have to take a vote on it. If it's a legally done veto, yes, we do; he then would be correct. Now, we are all bound, whether we like it or not, whether we agree with it or not, the opinion of the City Attorney of the City of Miami; and the City Attorney, based on law, made a ruling that the Mayor cannot have vetoed a request that was unanimous by all five members of this Commission to have the Auditor General investigate the Manager on the issues that were brought before this body. So Mr. Mayor, with all due respect, this Commission did not have to veto that. This Commission did not have to take any action on that, because it was not legally placed on this agenda, because it was something you could not veto. You might think you had a right, but the City Attorney ruled that you do not. So the only option would have been -- and it still is if you like -- to go to court and deal with it there. But we certainly did not have an obligation to have to veto that, because it was an illegal veto, and that's the main point that I want to make. Secondly, you alluded to the fact that the requests from Commissioner Reyes separately was somehow in violation of the Code, or the Code was not followed. So to be perfectly clear -- and you know, we can all try to work in harmony -- please let us know what are the steps that needed to have been followed by Commissioner Reyes or any of us so that you could be pleased that the Code was followed, because each of us has the right to request of the Auditor General to take actions. Mayor Suarez: Certainly, I'd be happy to. Commissioner Carollo: Thankyou. Mayor Suarez: Thank you, Commissioner. So first of all, I want to say that I agree with Commissioner Reyes that, you know, anything that is an allegation of misconduct in our government should be investigated, and I certainly do not oppose in any way, shape or form an independent investigation of these allegations, and I think even the Commission at the time struggled with whether it was the right idea to issue subpoena powers and call witnesses under oath itself, whether it should -- defer it to another outside agency. And so, I personally agree with those Commissioners who were speaking about the possibility of it being investigated by an outside agency, which is why I vetoed the legislation. We obviously have a disagreement over whether or not I had the right or the authority to veto that legislation. The Code is very clear that once a mayoral veto is issued, it shall be placed on the agenda, and that's in 2-36. I want to say it's in 4? City of Miami Page 90 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Mr. Hannon: Subsection 4, yes, sir. Mayor Suarez: Good, 2-36(4). And so, the Clerk has a mandatory duty to put it on the agenda. The Code is very clear, the Commission has two options: The Commission can override -- and I believe that's in 6, if I'm not mistaken -- they have the right to override the veto, or they have the right to sustain the veto. And if the Commission takes no -- and I believe it says, however, if the Commission takes no action, the veto shall be sustained. In another part of the Code, in 2-36, it also says that that decision may not be deferred, may not be postponed, it cannot be continued, and there's a reason for that, which makes sense. Because if you have a veto, then legislation is essentially in limbo, and we don't want from a public policy perspective, for example, this vetoed legislation to be in limbo for a month and a half, because it's supposedly continued pursuant to another section of the Code, which does not deal with vetoes; it just deals with items that are continued to like meetings when an agenda is adjourned. So the meeting -- the veto was not taken up, the agenda was adjourned, the veto cannot be deferred; and so, it's sustained. And so, my view is that the Commission's attempt to confer a special investigation -- and it obviously can't be waived pursuant to 2-36, none of these provisions. So my position is that the Commission conferred a -- there's only two types of audits, according to the Code. There's an audit, and there's a special investigation. Audits are for financial -- Chairman -- former Chairman alluded to this difference. Audits are for financial matters. Did he pay the fee? Did he not pay the fee, et cetera? It's not about, did he commit some wrongdoing? Did he not commit some wrongdoing, et cetera? If it's that kind of an investigation, it would have to be a special investigation, according to the Code, and that's precisely what the Commission did when it acted as a body. Only the Commission acting as a body can initiate those kinds of investigations, and no single Commissioner can do that. Now, had it been an audit, a single Commissioner can commission an audit, which would be very limited, and I don't think would fit what the Commission is looking for. The Commissioner is looking for something more significant, broader than an audit; not just whether he paid the fee, whether he didn't pay the fee. That's an audit. And that can be done by a Commissioner at a publicly announced meeting. Not today, because this is a special meeting and it's not on the agenda. And it was not done at a publicly announced meeting, so therefore, it's not lawful, according to the Code. Commissioner Diaz de la Portilla: Sir? Chair Hardemon: I'm going to recognize Commissioner Reyes, and then I'd also like to caution us all that we know that this matter should be clarified. Commissioner Reyes: Yes, sir. Chair Hardemon: And I don't think that that clarification is going to come on this dais, because obviously, there's a difference of opinion between the Mayor and this body, and individuals within the body, and the City Attorney, so -- Commissioner Reyes: Madam City Attorney -- Chair Hardemon: -- we're going to have more brief discussion on this, and then hopefully we can move on to the rest of the agenda. Commissioner Reyes: Madam City Attorney, according to the Mayor, the directive that I Mayor Suarez: Gave. Commissioner Reyes: -- gave the Auditor, and the one that you also -- I mean, you -- your opinion was that it was legal, and it was within the power of the Commissioner. It City of Miami Page 91 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 is not legal. I mean, it doesn't -- I want your opinion on it. And if has to be done in any other way, I will do it. But one thing that it really, really, really messes me, it is this opposition to an investigation of misbehavior. I mean, it is very, very -- I mean, mindboggling, in my opinion. So is this directive legal or is it not? Ms. Mendez: So the reason why we're going through all these machinations is because the Mayor obviously has vetoed this item. Commissioner Reyes: Excuse me. But the veto is moot now. Ms. Mendez: Right. So it was -- Commissioner Reyes: This is what it is. Ms. Mendez: The veto was an improper veto. It should have never been placed on -- Commissioner Reyes: Absolutely. Ms. Mendez: -- the Commission agenda. It was never deferred. Let's say we go down the rabbit hole that the Mayor has been discussing. If it is placed on the agenda, it was not deferred. It was adjourn -- the meeting was adjourned, and it perfunctorily rolled over to 2113. With all that said, the City Charter clearly says that, as I read before, a member of the Commission can direct. It does not say at a public meeting. Apparently, years ago we may have -- which we're not supposed to -- abridged the powers of the Charter by saying that it needs to be at a public meeting. It doesn't (UNINTELLIGIBLE) in another section of the Code. I understand the special meeting requirements, but this action item is any and all action with regard to the City Manager. If you would like to cure the potential, which -- that the Mayor is describing about this improper investigation, then you can make the directive here at a public meeting based on this item. Again, we are going through all these hoops just because of an improper veto. Later... Chair Hardemon: I'd like to call SP.4. Mr. -- Commissioner Carollo: If I may. Chair Hardemon: No, the order? Commissioner Carollo: Yeah. I would like to finish SP.9 -- Chair Hardemon: We're not finished with SP.9. Commissioner Carollo: -- that we never did. Just one last -- this is the area that I was trying to get an answer to, and I still don't have it. We have a letter of resignation. We don't have a date for resignation. It gives the impression that there are negotiations that are being asked for to implement that resignation. I need a date certain. Chair Hardemon: Are you able to give us a date certain about the Manager's letter of resignation? I know that -- as -- if he resigns, he -- there's nothing he can negotiate.from us. I mean -- Joseph Napoli (Deputy City Manager): No. Chair Hardemon: -- but-- so I'm trying to understand. City of Miami Page 92 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Mr. Napoli: Yeah, I -- Commissioner, I can't answer a firm date. I just know that he -- the Manager wanted to have some flexibility to make sure for a smooth transition. I will tell you this body -- and I will tell our public that this Administration is continuing to be well led, well run. We're going to continue on with the major initiatives that we have undertaken until I know on the day that I leave. But I cannot indicate what the firm date is for the Manager, because I haven't been part of those discussions. But my understanding is that it's to ensure far a smooth transition, not to negotiate anything. Commissioner Carollo: Well, look, there's not an employee that works for the City, especially in top Management, that don't know who the shadow Manager has been that has at least done all the legwork, the good, the bad and the ugly for the City Manager. It's you, Mr. Deputv Manager. So whether the Manager is here or not, nothing would change, you know. It's the same thing. There wasn't much of a contribution. We 'll just see less selfies, less pictures with the rich and famous, less bills for lunches and other activities to the taxpayers. So I have no concern of missing a beat if the Manager is gone today or gone tomorrow. However, I can't even get a straight answer from you after I was under the impression that you were firm yesterday that you were leaving February 14, but today you had a change of heart, so it seems. Mr. Napoli: Commissioner, just to correct you, yesterday we talked. I told you initially that I don't have a farm date. I haven't submitted my letter of recommenda -- I mean -- ChairHardemon: Resignation. Mr. Napoli: -- resignation. But that would probably be the date just based on the timeline. So I'm not going to give you a firm date until I submit the resignation. I'm very comfortable that there will be a good transition, but right now the indications are that that would be my date. If you want me to give you the date right now, I will say it will probably be February 14, because I started my other position on February 17, which is that Monday. So that's what I'm telling you now; that's what I told you yesterday. Commissioner Carollo: Well -- Mr. Napoli: I'm not quibbling at all on what we discussed yesterday. Commissioner Carollo: -- Mr. Napoli, with all respect, sir, after the whole world knows you're leaving the City of Miami, don't you think that this Commission deserves the courtesy to have received notification from you that you're leaving and your letter of resignation? But then again, maybe I'm just hallucinating. Mr. Napoli: No, Commissioner. I haven't submitted a letter of resignation yet Commissioner Carollo: Which -- well, if you haven't submitted one, it's because I guess maybe you're not sure if you're going there. Mr. Napoli: No, that's not correct. I just want to make sure that there will be a good transition from when I set my firm date, that's all. This has nothing to do with any indecisiveness on my part. And I just -- I'm just telling you -- Commissioner Carollo: I Mr. Napoli: -- my thought process right now. Commissioner Carollo: -- am amazed that everyone knows you're leaving, you're resigning, but you're going to play the words with me that you haven't submitted a letter Of resignation to let us know -- give us the courtesy as your bosses that you have resigned from the City. And now the excuse is that you're not sure what day it is, that's why you City of Miami Page 93 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 haven't handed the letter of ' resignation. And this is my concern right now with this whole thing with the Manager. Chair Hardemon: Commissioners, I would -- and if I may. I read in the paper there was another Commission, I believe it was the Cooper City Commission that decided that they were going to accept Mr. Napoli as their Manager. Obviously, that's an action that they have all the authority to do. And that has happened, and Mr. Napoli is telling us today that he intends to resign. He has not submitted a letter of resignation. To me, it is not entirely offensive that he just learned that his future is secured somewhere else and that he wants to now make a decision with this board about when he shall leave this board. But he's here, he's working, and I'm not at all offended by someone that's going to continue to do their job even though they've secured employment elsewhere. He could effectively leave today if he'd like. Commissioner Carollo: That's right. Chair Hardemon: He could decide that he doesn't want to answer any more questions and he should -- he could move on. He's not doing that. I think he's -- Commissioner Carollo: That's right. Chair Hardemon: -- weathering the storm. I respect that and so -- Mr. Napoli: Yes. Chair Hardemon: -- that's why I just want to kind of get away from a discussion that we really have -- Commissioner Carollo: Well -- Chair Hardemon: --not much authority over -- Commissioner Carollo: -- I -- Chair Hardemon: --and move on. Commissioner Carollo: -- know we do have some authority, and this is where I'm heading to. Mr. Mayor, I want some firm answers as to what this letter means that the Manager sent you that didn't even have the courtesy of sending a copy to the members of the Commission. What is it that has to be negotiated? Are there terms for his leaving? When, in fact, is he leaving? Is he not coming now? And I'm sure he's being paid now even though he's not here. There's no doubt in my mind. Somehow, you know, he's being paid and it's not chump change. Our Manager, as I've added up, makes approximately some $400, 000 between salary and benefits. That's a lot of money, more than any Governor in any of our 50 states. But my question again is -- so that we don't have to be dealing with this any longer -- when is the Manager making official his resignation, and if the dates that he would have in between are going to be dates that he's going to be using to burn up other times that he can't take with him? Mayor Suarez: So, to answer your question -- I thought I answered it earlier, but I'll answer it again. Commissioner Carollo: You did not. MayorSuarez: I'rn pretty sure I did. I sat with the Manager yesterday in the afternoon and he handed me the letter- that you've seen that I forwarded to all the members of the Commission, and I called all the members of the Commission before it became public to City of Miami Page 94 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 inform you that the Manager had given me his resignation. I -- every single one of you -- I think every single one of you -- at least three of you asked me when was the effective date of the letter. And I very clearly told you that I have -- Fin going to meet with the Manager to determine when the effective date is so that we can have a smooth and orderly transition. That has been -- I have not spoken to him since then about this issue. I had to deal with other matters, like informing the public that this was happening; and so, that's what I was spending my time and energy doing. Commissioner Carollo: Well, the area that you mentioned, informing the public -- and this is another concern that I have. The last meeting, after the meeting, the Manager, as Manager, went to give interviews where he attacked the Commission as a whole. Yesterday, as Manager, he made other attacks to the Commission as a whole, and Commissioners individually here. It is complete insubordination and completely wrong for a City employee to be out there attacking the elected officials of this City. No other city would put up with that. At the same time, if he wants to do that, he could do it tomorrow or today by resigning immediately. Then it is all his right to say all he wants. But the point that I'm getting at, this man is not going to be doing any work here. He's just going to be collecting a lot of money from the taxpayers. In the meantime, what I am not going to have is an employee of this City using taxpayers' dollars that he's being paid during that time, because the time that yesterday he gave interviews were during a time that he was working to attack members of this Commission. I'm not going to put up with that. Now -- Chair Hardemon: May I interrupt for a second? Commissioner Carollo: Yes. Chair Hardemon: I agree with Commissioner Carollo. I think that the statements that the Manager has made to the paper that I've read -- I've only read them. It was put in a paper that I did not produce, so I cannot assume that they are true, alright? So I've been on the wrong side of some things when it comes to statements that are produced in our papers. However, I think that he should walk a fine line with his statements about the Commission, because it is this Commission that could still fire him even though he submitted his letter of resignation. Obviously, firing our Manager has different implications that we have to consider. It could put us in a position where we -- where there would be some appeals and it becomes longer and a much more expensive endeavor. And so, I want to caution us that we don't -- we may not want to necessarily go through that when we have a Manager who's willing to resign. He's a man of his own right. He can do what he chooses. He can make decisions as he wishes. But I would appreciate, especially as Chairman that he will keep his comments to a minimum regarding the Commission moving forward if he's continuing to be employed by this body. Mayor Suarez: Thank you, Mr. Chair. And again, I don't control what he says, you know. He has a FirstAmendment right to say what he wants to say. Chair Hardemon: Except at work. Commissioner Carollo: No, sir. No, sir. Chair Hardemon: Atwork is a little different. Commissioner Carollo: No, sir. Chair Hardemon: At work is a little different. Commissioner Carollo: No, sir. City of Miami Page 95 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Chair Hardemon: When it comes to employment -related activities, it's a little different. But -- Mayor Suarez: He has a First Amendment right to say what he wants to say. This Commission has a right to do what this Commission can do and wants to do. And there - - that's the way it works. So I'm not -- I mean, that's it. I mean, there's nothing else to talk about. Commissioner Carollo: Okay, well -- Mayor Suarez: You know, he gave me his resignation. We -- I explained that to all of you, and I explained to you all that we would work to an orderly transition. That's it. And there will be -- my expectation is that it's going to be quick. There has been no negotiations, as you talked about, and I don't anticipate that there will be, other than deciding, you know, when is your last day. And then I have to go through the process of determining who the next Manager is with the approval of the Commission. Commissioner Reyes: Mr. (INAUDIBLE). Commissioner Diaz de la Portilla: Mr. Chairman. Commissioner Reyes: Mr. Chair. Commissioner Diaz de la Portilla: Mr. Chairman. Chair Hardemon: I want to recognize Commissioner Reyes and then Commissioner Diaz de la Portilla. Commissioner Reyes: Mr. Mayor, I do understand that you have to go through the process and all of that. But in the sake of stability, you see, every time there is a -- and you know it, because you've been through many Managers and I was here once with the changes in Managers -- there is always the -- what is the morale of the employees suffer and there is a lot of speculation which is going to come. Am I going to be here or not? And for the sake of stability, I'm going to request that this process be expedited; that we pick whoever is going to be the interim Manager as fast as we can, and that we just close the chapter and turn the page as fast as we can, so we can start doing the city business as we were all elected to do. Mayor Suarez: Yeah. That's my objective. Chair Hardemon: Thankyou, sir. Commissioner Diaz de la Portilla: Thank you, Mr. Chairman. Mr. Mayor, I concur with Chairman Hardemon and the other Commissioners. Some of the words the Manager has used publicly while claiming not to have time to be here, words such as "a spectacle, " "a circus, " of this body, his employers, are unfortunate. You are the man who named him. You are the Mayor of Miami. You can have a conversation respecting all First Amendment rights. He is an employee of the City and he shouldn't disparage the -- his employers. I think he should be careful for the harmony that we need to build here in the City ofMiami in movingforward; that he just be a little bit more careful with the words that he uses publicly. Mayor Suarez: Thankyou. Commissioner Carollo: Well -- City of Miami Page 96 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Diaz de la Portilla: Please, Mr. Mayor. Commissioner Carollo: -- here -- Chair Hardemon: And I know that this -- we, in the sense of the body, this -- many of you believe that this body disparaged him. You know, so it's kind of'a -- I would imagine someone saying the pot calling the kettle black. Commissioner Diaz de la Portilla: No, Mr. Chairman. No, Mr. Chairman. He's done everything to disparage this body. The only thing he hasn't done is explained the accusations against him or clarify. That's the only thing he hasn't done public. Chair Hardemon: Understood. Commissioner Diaz de la Portilla: He's used words like "circus, " "spectacle" of ' this body, his employers. That's disrespec ful to this body. He's painted us in a light that's not correct, and I think that he needs to be careful what he says publicly, because he is an employee of this body and needs to respect us, as well as he needs to be respected. If he's going to make any public comments, those public comments should be an explanation or clarification of the accusations against him. Chair Hardemon: I would love to move on from this conversation -- Mayor Suarez: And I would agree. Chair Hardemon: -- and do SP.4. Commissioner Carollo: No, no, no, no, no. I have --within what's before us today, after I've heard all this, there is a resolution that I want to bring. And this is a resolution that this body has a right to do if it so wishes, and that is not veto -able, even though I'm sure the Mayor is going to think otherwise, also. When four members of the Commission then approved the resolution to name Mr. Gonzalez City Manager, on salary, 265, 000, which, by the way, that's not what it is today. It's somewhere between 275 and 291. I haven't ascertained where it's at now, and with benefits, it's approximately 400,000. But it says here, "salary, " at the time, annual salary payable biweekly to remain in effect until changed by the City Commission. My resolution right now is that we change that salary. I would leave the benefits as they are. I'm not going to touch the benefits. We change that salary to a livable wage salary. I think that's what you always tell us, Commissioner, that we should strive to give people a livable wage salary. I will even go to a full $15 an hour. That is what people get even though they have insurance available to them, because I'm told that he's still using other type of insurance, which I haven't verified, but that's fine. And once I get a clear answer as to what his status is, I will gladly reconsider, if this passes, in bringing this back and changing it if it's still the will of the Commission. But basically, the kind of actions that -- endgames that you're having from this Manager just cannot be allowed to go on without some sanctions being put on him. And you know, how many of you can receive some $400, 000 a year, which comes to --just in salary alone -- about $800 a day, I believe. How many of you receive that and don't have to work? Now, this is a reality. So my motion is that we give the Manager -- we reduce his salary to a livable working salary of $15 an hour, and we could leave the benefits the same. I don't think -- even though he was getting $800 a month for car allowance and he was being chauffeured back and forth every day to work, home for lunch, back to work and then from work to home by a police detective that was costing us over 100,000 a year, and still collecting the $800, in violation of the resolution that this Commission passed. I'm still not going to touch that because I don't think that there's going to be much use of sergeant -of -arms right now. But -- Chair Hardemon: It's been properly moved. City of Miami Page 97 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: It's a motion that I'm making that -- Chair Hardemon: Is there a second to the motion? Fite Chair Russell: Mr. Chairman. ChairHardemon: Is there --? Vice Chair Russell: If I'm not mistaken, this is a pocket item without an emergency nature. Commissioner Carollo: No, no, no. It's not a pocket item. This is part -- Vice Chair Russell. It's on the agenda? Commissioner Carollo: -- of the -- well, yes. It says, 'A discussion item by and all actions and/or resolutions of the Miami City Commission regarding the employment status of the Manager. " Now -- Chair Hardemon: It's been moved. Is there a second? Commissioner Carollo: -- if I was asking to give him a raise, yes, there would be a problem, because it would be additional dollars that I would be placing on the budget, but I'm not asking for a raise, obviously. Chair Hardemon: Is there a second? Motion dies for lack of second. Commissioner Carollo: Okay. Chair Hardemon: We've concluded our agenda items beyond our lunch at 12 o'clock, our last agenda item at 12 o'clock. So we typically would come back at 2 o'clock, after the lunch break. And we have a resolution and three discussion items that are left on the agenda. So at this time, I'm going to recess the Commission until we come back at 2 o'clockfbr lunch. Commissioner Carollo: Okay. The items left on the agenda, let's go through them. Chair Hardemon: We're in recess, but it's SP.5 and 6, 7 and 8. I'm sorry, 6 -- Commissioner Carollo: SP.5. Chair Hardemon: I'm sorry, SP.4, 5, 6 and 7. Commissioner Carollo: Yeah, 4, 5, 6 and 7. Okay, very good. Later... Commissioner Carollo: I'd like to ask the Commission to open the discussion on Item SP.9 again so that we can address something that really was overlooked and we should formally accept -- Commissioner Diaz de la Portilla: I second. Commissioner Carollo: -- and that is the Commission accepting the resignation of Emilio Gonzalez, the City Manager. City of Miami Page 98 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 NAA 7093 City Commission Commissioner Diaz de la Portilla: And I second that motion. Chair Hardemon: So -- Commissioner Carollo: To accept his resignation; we never did officially. Chair Hardemon: So is the motion to readdress SPA or is it a motion to accept the resignation? Commissioner Carollo: Well, it's a motion to reopen SP.9 -- Chair Hardemon: Okay. Commissioner Carollo: -- so that we can address -- Chair Hardemon: It's been properly moved and seconded to reopen SP.9. Commissioner Carollo: Okay. Chair Hardemon: Seeing no unreadiness -- Commissioner Carollo: Yeah. Chair Hardemon: -- to reopen it, all in favor, say "aye. " The Commission (Collectively): Aye. ChairHardemon: All against? That motion carries. NA - NON -AGENDA ITEM(S) DISCUSSION ITEM VICE CHAIR RUSSELL RECOGNIZED REPRESENTATIVE FERGUSON. RESULT: DISCUSSED Chair Hardemon: However, at this time, I'd like to recognize our Mayor, because I know there are some special people in the building that he would like to acknowledge. Mayor Francis Suarez: Thank you, Mr. Chair. I definitely would like to recognize Representative Ferguson, who is here. Chair Hardemon: Yes. Mayor Suarez: Good to see you. Wonderful to be here. And any other elected officials -- are there any other elected officials that are here? No? Okay. Thank you, Mr. Chair. I appreciate it. Chair Hardemon: Thankyou very much. There is no public appearance or anyone. City of Miami Page 99 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 NA.2 DIRECTIVE 7099 DIRECTION BY COMMISSIONER REYES TO THE INDEPENDENT City Commission AUDITOR GENERAL TO CONTINUE THE INVESTIGATION OF THE CITY MANAGER AS STATED IN COMMISSIONER REYES' JANUARY 9, 2020 MEMO TO THE INDEPENDENT AUDITOR GENERAL. RESULT: DISCUSSED Commissioner Reyes: Well, we have -- this is a public meeting, and I am presenting this directive to the City Auditor to continue the investigation on the alleged abuse of power and misbehavior of the City Manager, and anybody that was -- is guilty -- was a participant of'that action. And here it's presented to the City Attorney -- who do I have to present this? Okay. This is presented right here. All of you (UNINTELLIGIBLE). This is a public meeting, and that's it. Chair Hardemon: Ill recognize the Mayor. Mayor Francis Suarez: Thank you, Mr. Chair. And I want to thank the Commissioner and the City Attorney for attempting to follow the law. I very much appreciate their attempts, because it's very clear that if any Commissioner in our Code -- which our Charter provides a set of rules, and the Code then defines those rules, how they can be implemented. It says -- Victoria Mendez (City Attorney): Say that again. Mayor Suarez: Sure. It's 2 dash -- Ms. Mendez: No, no. What you just said. Mayor Suarez: I said, the Charter -- I know what I said. The Charter provides the rules and the Code provides how we implement those rules. Ms. Mendez: Okay. I want you to remember that. Mayor Suarez: Sure, I'll remember it. That's not a problem. Trust me, I remember very well. So the Code very simply says -- and I'm, you know, surprised that you weren't advised by your City Attorney of this, because even if you wanted to conduct an audit, you should have done it legally, which is what 2-69 says, which it says, audits to be performed by the AIG (Auditor Inspector General) shall be requested by the City Commission, any member of the City Commission, the Mayor, the City Manager, the City Attorney, or the City Clerk at a public meeting. Now, you know, we can nitpick as to whether or not this is on the agenda, because the special meeting rules are very clear, as well, as to what you can do at a special meeting, and it says very clearly that no business shall be conducted or a vote taken at a special meeting on business other than the subject for which a special meeting is called. You could -- sort of debatable as to whether or not this item has anything to do with the audit. This has to do with the employment of the City Manager. But regardless, this is not a -- you know, this is not a regularly scheduled meeting. And nevertheless, I still think the directive is not legal, and the reason why is because you can't call by directive that which has already been done by resolution and vetoed by the Mayor, and there is an Attorney General opinion that is on point on this matter, which says that you cannot change the name of an action once the body has acted and the Mayor has acted in conformity with it. And it's --for me, it's very simple. It's a separation of powers issue on the one hand; making sure that we respect the fact that City of Miami Page 100 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 the Mayor is the only elected official in the City that's elected citywide and has to protect the residents of the City of Miami. And I've been very clear as to why I vetoed the action of this supposed investigation, which it should not be being conducted, and the reason why is because the investigator is controlled by those who are making the allegations, and I think that's a blatant conflict of interest, and I think that's what the Commissioners struggled with who were here. They struggled with whether it should be referred to the State Attorney, the Commission on Ethics, and I think both of those or either of those entities would have been more appropriate, because there would not be this stain on this supposed investigation that is been controlled by the person or the people who named the investigator, who can fire the investigator, who can control that person's budget, and the person hasn't even been given an opportunity to speak, so. Chair Hardemon: So, gentlemen -- Commissioner Carollo: Can -- Chair Hardemon: -- I know that we cannot come to a resolve on this issue today; we have difference of opinion. Commissioner Carollo: Yah. Chair Hardemon: So I would love to be able to move on to other action items. You want to make one statement? Commissioner Carollo: Yeah. IfI could -- Chair Hardemon: You're recognized. Commissioner Carollo: -- make the final argument here. So based on everything you're saying, I guess you would have found that the Manager had a conflict of interest in having his private secretary notarize the permit application for him? Having his employees that are much more under his control than the Auditor General is under us, since he is independent and cannot be fired by us, like any employee in the City could be fired by the Manager, then you'd be in agreement that that was a conflict of interest by the Manager for the same reasons that you stated here today? Mayor Suarez: Commissioner, I think the Manager can speak to himself and for the allegations, and I think they should be investigated by an outside agency. Commissioner Carollo: Well, the -- Mayor Suarez: That's what I'm saying. Commissioner Carollo: Well, I don't know if you have outside agencies that are doing their own investigation or not, but I will say this to you. I know why you want outside agencies, because you know that it would take a year, year and a half, maybe even two years, before anything is ever done, and that buys a lot of time; a lot of time it buys. Mayor Suarez: I have absolutely no control over how long the investigation takes by outside agencies. Commissioner Carollo: Well, you're aware of the time that it takes. Now, the question I would like to ask you is -- because I'm very curious on this -- do you feel that you could veto anything, any action that this Commission takes, no matter what City of Miami Page 101 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 it is, that you could veto anything across the board or there, or do you think there are maybe one or two little actions that we can take that are not vetoed by you? Mayor Suarez: It's a long and complicated answer, but I think the case law, which also was not cited in the memo that the City Attorney gave you, the preeminent case on vetoing, which is the Donmar case. It's a Fourth DCA (District Court of Appeals) case. It's a controlling case. There isn't -- Ms. Mendez: Fourth DCA? Mayor Suarez: Yeah, Fourth. Ms. Mendez: And we're in the Third? Mayor Suarez: That's right. Ms. Mendez: Okay. Mayor Suarez: And in the absence of Third DCA law, what controls? Ms. Mendez: When it's on point, maybe. Mayor Suarez: So in the absence of Third DCA law, Fourth DCA law controls. Mr. Chair can contest to that. Commissioner Carollo: Well, I would agree with that that -- Mayor Suarez: You agree with it, too. That's great. Commissioner Carollo: No, no. I would agree with that if the ruling is right on target. Then if the Third DCA has not made a ruling, then we're bound to -- or a jury is bound -- adjudged by that. However, if it's not directly on point, a court's got no obligation to follow anything, and you're aware of that. The Chairman is too; he's an attorney, even though you're attorneys in different areas. I think you do basically real estate transactions, et cetera. But I guess you don't want to answer me directly, but -- and if you want, I'll ask the question again, but I think, by your answer, you are acknowledging that there are some actions that this Commission could take that you cannot veto. Mayor Suarez: No, I'm not answering that question directly, because that's a very long answer that would require probably a judge to determine. Commissioner Carollo: Well, I'm not talking about this action. I'm talking about across the board. Do you feel --are you taking the position that no matter what this Commission does that you have a right under the Charter to veto? Mayor Suarez: The position in Donmar is that under the -- Commissioner Carollo: I want your position. Mayor Suarez: My position is that there is virtually nothing in this -- that the -- legislatively that the Commission does that I cannot veto. Commissioner Carollo: Okay, legislative. Now -- Mayor Suarez: Or quasi-judicial. City of Miami Page 102 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: Let me go right to the point. Chair Hardemon: And Commissioner, I just want to remind everyone that we're not going to come to agreeance on this issue, and I'm -- Commissioner Carollo: That's clear, but I want to leave it very clear on the record that if we have a legal binding opinion -- and we do, even though you disagree with it -- that this particular item cannot be vetoed; therefore, this Commission had no obligation to take up that veto. The areas of the Code -- the section of the Code that he had mentioned before had to do when it's a veto -able item. When it's an item that, legally, the Mayor cannot veto, this Commission does not have the take it up whatsoever. So therefore -- so I could be clear -- that is what my position is on your veto. Mayor Suarez: Mr. Chair, ifI may? Chair Hardemon: Mr. Mayor, I would like to move on. Mayor Suarez: Yes. Let me just finish -- Chair Hardemon: (UNINTELLIGIBLE). Mayor Suarez: Chair, to respond to that and just say his -- your interpretation of the Code is incorrect. The reason why it was placed on the agenda is because the Clerk must place mayoral vetoes on the agenda. The Clerk -- Commissioner Carollo: When they're legal. Mayor Suarez: No, no, no. Wait. No, no, no. Commissioner Carollo: When they're legal. Mayor Suarez: No, no, no. The Clerk must place mayoral agenda -- mayoral vetoes on the agenda. That's -- "it shall. " Let me -- please don't interrupt me; I didn't interrupt you. It says, "shall. " The Clerk consulted with the Cio, Attorney's Office, who also opined that he should put it on the agenda, because that is what the Code calls for. So I'm a little surprised now that the City Attorney is saying that it should not have been on the agenda when her office was the one, under advice of the Clerk that put it -- that got him to put it on the agenda, so. Chair Hardemon: All right. Thankyou very much Todd B. Hannon (City Clerk): Chair, just for clarification. I do apologize for intervening. But it was more of a 50150 call. And so, I did confer with the City Attorney's Office, and they indicated that it was a 50150 call. Mayor Suarez: Right. Mr. Hannon: And so, essentially, I went with -- the ministerial role of a Clerk does not involve discretion, so I just simply looked at the Code on its face and followed the Code in accordance. Mayor Suarez: Exactly. And so, you followed the Code. Mr. Hannon: Just for clarification. Mayor Suarez: And just to be clear, you followed the Code? City of Miami Page 103 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Chair Hardemon: All right. So -- Commissioner Carollo: Well -- Mayor Suarez: Right. Commissioner Carollo: Again, we are not going to accomplish anything here, because he's trying to say some illegal action on his part is legal, and it doesn't make sense any which way he cuts it. Chair Hardemon: We have a difference of opinion. Commissioner Diaz de la Portilla: Absolutely. Chair Hardemon: It needs to be clarified. Commissioner Carollo: So -- Chair Hardemon: It won't be clarified today, so that's why I -- Commissioner Carollo: If we can table this item, and I -- on this same item that we're in, I'd like to touch two other areas. If the Building Director can come up for a second before he goes. Chair Hardemon: We're still talking about the employment status of the City Manager? Commissioner Carollo: Well, this is real quick. Just a quick question. Sir -- Jose Camero (Building Director): Yes, sir. Commissioner Carollo: --you resigned from your position -- Mr. Camero: Yes, sir. Commissioner Carollo: -- two days ago. Mr. Camero: Correct, on Tuesday. Commissioner Carollo: Are you unhappy with us or --? Mr. Camero: 1 ery happy -- no, it's not that, sir. I've been planning this for a long time. When I came in in 2016, three and a half years ago, my commitment to Danny Alfonso, the Manager at the time, and to my ACM (Assistant City Manager) was to implement ePlan and to make sure that it was working. So I implemented ePlan -- or we implemented ePlan a year ago. On December 5 -- Commissioner Carollo: The Manager, he did everything. Mr. Camero: Okay. On December 5, celebrated a year. And right after that -- I am 68 years old; I need to enjoy life. Commissioner Carollo: Okay. So you're retiring. You're not going somewhere else? Mr. Camero: No, sir. I'm retiring. I'm going home. City of Miami Page 104 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: Just going home. Okay. I just -- Mr. Camero: Okay. Commissioner Carollo: -- was wondering what, you know, had happened; if you were going somewhere else or, you know -- Mr. Camero: My plan is to travel and to enjoy life with my grandkids. Chair Hardemon: I will tell you that going home in my community means something completely different. Commissioner Reyes: You're absolutely right. Chair Hardemon: Be very careful with your choice of words. Mr. Camero: All right. Not in my community. Chair Hardemon: All right. I want to recognize -- Commissioner Carollo: Thank you. And we want to wish you a very happy retirement. Mr. Camero: Thankyou, sir. Commissioner Carollo: I hope you and your wife enjoy. Mr. Camero: Thankyou, sir. Chair Hardemon: I want to recognize Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Thank you, Mr. Chairman. Mr. Chairman, I move that we take up SP.8 instanter and that we appoint the following members to these boards. Mr. Hannon: Chair -- Commissioner Diaz de la Portilla: Commissioner -- Commissioner Carollo: Chair. Chair Hardemon: Wait one second. Mr. Hannon: -- are we concluding discussion on SP.9P I'm sorry. Commissioner Carollo: No, no. There's one more little thing here on this item that I'd like to, you know, get an answer on and address. Because, you know, when you learn things, you have to admit you learn. The past years, I've been seeing how -- beginning with President Barack Obama; now with President Trump -- we have this word that you hear all the time, "sanctions, " and every time something incorrect is going about from one of our adversaries, we use "sanctions" before we use something stronger. I was more than prepared today to bring other items, but I don't want to bother Mr. Guba now until he finishes this investigation, because he might be doing this year round and additional investigations. So before I, you know, go on the offense with more examples, like I presented December 9, I want to make sure that we have clarity; otherwise, I'd like -- our Federal Government might want to try City of Miami Page 105 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 some sanctions to force things to a head a lot quicker. Now, Mr. Deputy Manager, you told me yesterday that you were leaving I believe on i alentine's Day. It's a beautiful day, on the 14th, Friday, of February. Mr. Napoli: I have not made that final determination, but it -- as I told you yesterday, in and around mid February. Probably that day because of the time -- my timeline. Commissioner Carollo: Okay. Well, I thought you were pretty certain yesterday -- Mr. Napoli: Well, I haven't submitted a formal resignation. Commissioner Carollo: -- when you told me the 14th. But you have the right to change your mind, and that's fine. Now, the City Manager -- and again, this shows the disdain that he has shown to this Commission constantly -- sent a letter of resignation to the Mayor, but he didn't even bother to send copies, like all Managers usually do with correspondence, to his other five bosses, the Commission. This has been the pattern here for some time. My question is -- and I don't know if anybody could answer this to me or not -- in that letter, it doesn't state when he'll be leaving. And the wording that he's used is very wide and open, almost gives you the impression that there are going to be negotiations between the Mayor and him; as to what, I don't know. But I want a clear and precise answer as to -- if the Manager wants to burn up some time, I understand that. So be said that is it's effective "X" date, but he will not be here so he could burn up time that he has. This Commission and this body needs to know clearly when that resignation takes effect. Commissioner Reyes: Mr. Chair, I agree a hundred percent, and I was going to address that, because it really is surprising to me that somebody resigns and doesn't give you the date that they are going to -- that it's going to be effective. I think that we have to determine when it is that resignation going to be effective so we can take the proper action in order to name his replacement in an interim base, and the business of the City of Miami will continue. I think that is very important, that we determine when it is that resignation is going to be effective, or we can accept the resignation right now if we want, you see. Mayor Suarez: I'm not sure what -- I mean -- the Manager tendered his resignation yesterday. As I discussed with all of you who I called, he indicated to me -- and I was perfectly fine with working out the details of the effective date of the resignation to ensure that it's an orderly transition. I don't expect it to be a long time; I expect it to be short, and I think it actually allows me as Mayor in my constitutional duties of choosing the next Manager to sit with all of you and speak with you about who you are comfortable with, and then do my own, you know, process and diligence to determine who I think -- because you can't talk to each other, obviously, so I have to be able to look, you know, based on the qualifications and character, et cetera, and then I have to make a decision and bring it to this Commission within 14 days of that selection. I mean, that's what the Charter requires. Do you agree with that, Madam Chair -- Madam City Attorney? You agree with that interpretation? Good. Commissioner Reyes: But as today, who is the Manager? Mayor Suarez: The Manager is Emilio Gonzalez. Commissioner Reyes: But he resigned yesterday, but he didn't give us a date. Who is running the show? Mr. Napoli. Mayor Suarez: Well, right now, the Deputy -- City of Miami Page 106 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Reyes: Like always, he's been running the show all along. Mayor Suarez: -- City Manager is here, because he's sick -- because the City Manager's wife is sick, as he said multiple times. Commissioner Reyes: Okay. Mayor Suarez: You don't believe that his wife is sick? Commissioner Reyes: Hey, listen, don't you put words in my mouth. Mayor Suarez: I'm not putting words in your mouth. Commissioner Reyes: Listen, don't you be sarcastic with me. Don't -- Mayor Suarez: I'm not -- I wasn't talking about you. He was sort of sighing and moving his ahead, so I wanted to be sure that -- Commissioner Reyes: No, no. I said --okay. Mayor Suarez: -- he believed it or not. I don't know. Commissioner Reyes: Well, I do believe it, but I do believe that he goes to other functions, too. I've seen him in other functions that are away from his wife. Chair Hardemon: I want to rec -- Commissioner Reyes: But I'm not going to argue that. The thing is that I want to know who's sinning the show. NA.3 RESOLUTION 7097 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City Commission ATTACHMENT(S), ACCEPTING THE RESIGNATION OF EMILIO T. GONZALEZ, PH.D. AS THE CITY MANAGER FOR THE CITY OF MIAMI. ENACTMENT NUMBER: R-20-0005 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Commissioner Carollo: Now that it's open -- Chair Hardemon: Yes. Commissioner Carollo: I now tender my motion that this Commission accepts the resignation of Emilio Gonzalez as City Manager of the City ofMiami. Chair Hardemon: Is it per his letter? Commissioner Reyes: Per his letter, but -- City of Miami Page 107 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: Yes. Commissioner Reyes: --the thing is that the only thing that -- I will vote in favor of that, but still am insisting that we need a date, you see. Chair Hardemon: Understood. It's been properly moved by -- Commissioner Carollo: Well, (UNINTELLIGIBLE), I guarantee you, you'll get a quicker date from him. Chair Hardemon: -- Commissioner Carollo to accept the Manager's recommendation per his letter. Is there a second? Seconded by Commissioner Diaz de la Portilla. Seeing no further discussion on that, all in favor, say "aye. " Todd B. Hannon (City Clerk): Chair, are we recording this as a resolution? Chair Hardemon: Yes. Chair Hardemon: And public -- Commissioner Carollo: Yes, absolutely. Chair Hardemon: I'll open the floor for public comment. Is there anyone from the public that'd like to speak on that item? Seeing none -- because I know which item you want to speak on or hear about, all in favor, say "ave." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. NA.4 DIRECTIVE 7100 DIRECTION BY COMMISSIONER REYES TO THE CITY City Commission ATTORNEY TO CONTACT THE APPROPRIATE AGENCY TO CONDUCT AN INVESTIGATION INTO THE MIAMI POLICE DEPARTMENT AS IT RELATES TO AGENDA ITEM SP.6 (DISCUSSION ITEM REGARDING RACIAL EQUALITY WITHIN THE MIAMI POLICE DEPARTMENT). RESULT: DISCUSSED Commissioner Carollo: Mr. Chairman? Chair Hardemon: You're recognized, sir. Commissioner Carollo: I want to make it very, very clear; he is to address anything that was put up there that was related to him. If he starts attacking individuals personally, and with the usual rant that he comes up here with, I am going to immediately ask that he be cut off, and IZl make the motion, if need be. Chair Hardemon: Okay. Commissioner Carollo: Now, further, I'd like to find out, since he's here all the time, who is he speaking on behalf and on what time is he here under? Is he off duty? Is he on duty? Is he in some kind of FOP time? If it is, is it State? Is it local? I'd like to get those two questions answered. City of Miami Page 108 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Javier Ortiz: Is that -- Chair Hardemon: Through the Chair. Mr. Ortiz: --included in my five minutes? Chair Hardemon: No, it is not. Mr. Ortiz: Okay. Chair Hardemon: Through the Chair. Mr. Ortiz: Hi, everyone. I'm not here as a captain or a lieutenant or sergeant. My name is Javier Ortiz. I'm here on behalf of the Florida Fraternal Order of Police, District 6, as well as the Miami Fraternal Order of Police, regarding the other questions that you have. The executive board has unanimously given me FOP time for every Commission meeting to infinity, so you'll be seeing me a lot. Commissioner Carollo: Which executive board is that, if l may ask, the State or --? Mr. Ortiz: Miami Lodge 20, 710 Southwest 12thAvenue. Commissioner Carollo: Okay. I see the president is back here. Mr. Ortiz: That's the vice president. Commissioner Carollo: Oh, vice president? Mr. Ortiz: Um-hm. Commissioner Carollo: Can someone tell me if that's correct or not? I just want to get it on the record. If he's here representing the FOP, the local lodge, is he on your time? Matthew Reyes: He is --yes, he is. He is on our time. Just for the record, it was not a unanimous vote, but yes -- Mr. Ortiz: You're right, (UNINTELLIGIBLE). Mr. Reyes: -- he is here on our time. Excuse me? Mr. Ortiz: Yeah, you're right. Mr. Reyes: Just being fair. But, yes, he is representing Miami Lodge 20 today. Commissioner Carollo: Okay. Thank you. Todd B. Hannon (City Clerk): Chair, I'm sorry; the speaker's name? Mr. Ortiz: That's Matthew Reyes, the vice president, FOP, 710 Southwest 12th Avenue. Mr. Hannon: Thank you. Mr. Ortiz: Any other questions or that's it? City of Miami Page 109 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: Well, I'm assuming you're going to answer the others, what race you are, but, you know, if you don't answer it, I might ask you. Mr. Ortiz: No, I will. I'll answer it. I'll answer those questions, and do my best not to make this aboutyou; because somehow, it always does. Chair Hardemon: We could set his five-minute timer now. Mr. Ortiz: Thank you, Mr. Chair, for this opportunity. I didn't know I was going to speak today, but apparently, I'm a topic of conversation. And I just want to start off by saying that unlike the MCPBA, we represent everyone. We don't compare our members to the KKK (Ku Klux Klan), as the pastor did, representing in support of the MCPBA. And when it comes to representing members, I personally represented Larry Hagen. I think Larry Hagen should come back. I hope his case is revisited, because it's a travesty what happened to him. And I'm sure, if you asked Mr. Hagen, he would tell you the same thing. There's a newspaper article that's being passed around about, you know, the fact that not enough blacks are being hired here, but when you read the actual article, it's five years old, and it has nothing to do with Miami. As far as Captain Carr, she loves to --you know, she loves to call me a Latin male. I'm a black male. Yes, I am. And I am non -Hispanic. I was born in this country. I never went to Cuba. I never went to Spain. Really, and again, I didn't put this speech together. This is who I am. To the point that I have an American flag tattooed on my leg, because I would bleed and I would die for this country. You'll never see me with any other flag. You don't know the makeup of my race or ethnicity. You don't know anything about me. And just for the record, the Civil Rights Act of 1964, it's all voluntary. I don't need to give you any information or tell you who I am. And it's sad that on this day and age, we're still talking about it. As the MCPBA can tell you, I didn't benefit from anything from that. That's how I feel. That's how I feel, and that's the bottom line. So I don't know why you keep on kicking a dead horse that got investigated years ago. Investigate -- bring the DOJ, bring everybody; you're going to be surprised what they already told the City. She made some allegation that I was trying to purchase cars; that I had nothing to do with that. She obviously doesn't know what she's talking about. She was always hiding in her office. I run Homeland Security. I run the Shield Program, and there's grant money that was going to be utilized to purchase vehicles, which at the end, we ended up purchasing. As far as Lieutenant Carr, he's got his own hidden agenda. Shouldn't even be a police officer here -- I'll say it -- because he got injured off duty; got hit by a golf ball. They let him keep his job; let him keep his job as a sergeant. They let him allowed to be a lieutenant. He's just upset that he's not a staff member. And Sergeant Jean-Poix -- and we had this conversation, and I even asked him when he was going to come at me. Commissioner Carollo: Hold on. Look, here we go again. Mr. Ortiz: No, we're -- listen. Commissioner Carollo: He's going right at every -- Mr. Ortiz: Come on. Commissioner? Commissioner Carollo: -- officer, trying to attack them -- Mr. Ortiz: Attack them? Commissioner Carollo: -- and not addressing what was put up there. That's what he needs to address. City ofMiami Page 110 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Mr. Ortiz: I am addressing everything that was put up there. Commissioner Carollo: Chairman, he needs to address -- he's going, attacking individuals. He needs to address what was brought up, not the attacks. So I submit to this Commission that either he directs himself to what was brought up or he stops talking; one or the other. Chair Hardemon: So I'll say, he's addressed the fact that he's a black male. He's addressed the fact about the allegation that Carr made about the vehicle purchases. It appears that he is doing that. One thing that had not necessarily been a part of it was the injury to Carr. Other than that, I couldn't see why -- the relevance to Carr, besides just to attack Carr, but if -- Mr. Ortiz: But it's my -- I'm sorry. Chair Hardemon: --hut I want you to be able to finish your statement. Mr. Ortiz: Sure. Chair Hardemon: And so, you know -- Mr. Ortiz: I'll get back on it. Chair Hardemon: Thankyou. Mr. Ortiz: Thank you, Mr. Chair. So Sergeant Jean-Poix, who was the one that made the presentation, making false allegations that I had posted this picture in this cartoon of Trump. No, I didn't make that of Trump, that gay picture of me with Trump. No, I didn't make that picture. The cartoons that was in Miami Times, people put pictures of me all the time, all the time. So I had asked him that if he was going to make a presentation, to make it factual. Of course, that didn't happen, because we need to sensationalize it. You know, some of you really give me a lot of power, a lot of clout. I mean, you guys would think that I have this ultimate power over the City of Miami, and I'm this -- it's incredible. I'm a civil service employee like anybody else, and I represent our department with pride, leadership, and I do a lot of good things for our officers. As far as Edwin Gomez, he's a documented coward. He ran away from a fight years ago. Commissioner Carollo: Whoa, whoa, whoa, whoa, whoa. Mr. Ortiz: He is a -- Commissioner Carollo: No. Look -- Mr. Ortiz: -- he was substantiated for cowardice -- Commissioner Carollo: Hold on. He is making -- Mr. Ortiz: -- by the Miami Police Department, and once he got his suspension -- Commissioner Carollo: -- a statement -- Chair Hardemon: No (UNINTELLIGIBLE). Commissioner Carollo: -- calling people coward and stuff, and this is exactly what I'm talking about. City of Miami Page 111 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Diaz de la Portilla: He was substantiated -- Commissioner Carollo: If he's coming to address direct charges against him, let him make it, but every time he comes up here, he comes to play this game; just like when the Manager got him up here to come and attack me -- mMr. Ortiz: The Manager didn't get me to get you or nothing. Commissioner Carollo: -- and the Mayor -- Chair Hardemon: Hold on (UNINTELLIGIBLE). Mr. Ortiz: Sorry. Commissioner Carollo: -- they got him up here for that, it was the same thing. When he comes to attack others, it's the same way. Let him address anything related to him without attacking people in the fashion that he's doing. Chair Hardemon: Okay. That's your second time -- Mr. Ortiz: Thank you. Chair Hardemon: -- that the Commissioner has asked you to make that, so -- Mr. Ortiz: For the record -- Chair Hardemon: -- there won't be a third. Mr. Ortiz: -- I'm my own man. Nobody sent me here; nor did the City Manager. I am my own man. Commissioner Carollo: That's right. And you're your own black man, I know. Mr. Ortiz: Yes. Commissioner Carollo: I've heard. Yeah. Mr. Ortiz: So now I'm being attacked. Commissioner Carollo: Yeah. Mr. Ortiz: I did recommend for the sergeant to be relieved of duty. It was involving a felony battery of someone on some boats that -- with Fish and Wildlife. I didn't even know it was him. I got a call from a Fish and Wildlife lieutenant that they were not getting assistance from the City of Miami Police Department. It was a felonry that was caught on video. He refused to make the arrest. I contacted Lieutenant to go out there. Lieutenant told me what was going on. I told him to relieve them of duty. I didn't even know who it was at the time. And they weren't relieved until the next day. And by the way, that person that got arrested for felonry battery ended up getting out on bond, and the next day, he sliced his girlfriend's ear off with a sword or a knife or a machete or something. So I really don't know what he's talking about, impeachment and all of that. Anyway, in closing, we represent everybody. I represent everybody. Regarding the anti-Semitic cop, Robert Destephan, that was terminated, I don't agree with anybody that he did. It was completely wrong. I have a lot of support, and I support the Israeli and the Jewish people. Half of my family is Jewish. Probably didn't know that either. City of Miami Page 112 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: So you are -- Mr. Ortiz: But I will tell you that the Miami Police Department does not have the issues that some are trying to construe. Thank you. Chair Hardemon: I have a question for you. Mr. Ortiz: Sure. Chair Hardemon: When you --I understand --I'm surprised that you said it on the record, but I'm -- but now I understand. So you classify yourself today as a black male? Mr. Ortiz: Yes. Chair Hardemon: When you applied for the Police Department, did you classify yourself as a black male or a white male at the time? Mr. Ortiz: I think I put white male. I don't know if I -- well, I know I put white male, but I don't know ifl put Hispanic. No, I know. Listen, I know who I am, but it's also to make -- Commissioner Carollo: Did you -- you put down Hispanic male. Mr. Ortiz: I'm sorry? Commissioner Carollo: You put down Hispanic male, didn't you? Mr. Ortiz: Okay. Well, you're telling me that's what I put. You're asking me for birth certificates and all that. I'm telling you who I am. I'm telling you who I am. I stand by it. As a man, I stand by it. Commissioner Carollo: But when did you have this, you know, coming -with -God moment that you were black? When did God tell you that? Mr. Ortiz: Well, I learned that there's people in my family that are mixed and that are black. Commissioner Carollo: I see. Mr. Ortiz: And if you know anything about the "One Drop Rule, " which started in the 20th Century, which is what identifies and defines -- How you're doing? -- what a black male is or a negro, you would know that if you have one drop of black in you, you are considered black. So you're probably black, too, Joe. Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Can we do a DNA (Deoxyribonucleic Acid) on him? Mr. Ortiz: Joe, you're probably black. Chair Hardemon: Everyone? Commissioner Diaz de la Portilla: Can we do a DNA test on him and then (UNINTELLIGIBLE) ? City of Miami Page 113 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Chair Hardemon: Let me say this. Commissioner Diaz de la Portilla: That way we solve the issue. We'll know what percentage in the Me 23, whatever it's called -- 23 and me. Chair Hardemon: Its been a long time -- Commissioner Diaz de la Portilla: I'll pay the 99 bucks. Chair Hardemon: -- since law school. Commissioner Carollo: The -- Chair Hardemon: It's been a long time since law school, right? Was it Plessy --? Lawyer -- where are the lawyers in the building? Was it Plessy versus Ferguson that kind of created this rule of the drop of black -- I don't -- Plessy versus Ferguson was eventually overturned, I believe, and it is used --just so you know this. Plessy versus Ferguson is really used in a way that demonstrates that black people were treated improperly, if you will, for being black. I mean, Plessy was a black -- was a -- Anyway, I'm not going to get into a lesson on Plessy, but it's -- Mr. Ortiz: Oh, then I'll keep putting "black " Chair Hardemon: Let's just -- okay, let's not talk about the degree of blackness that makes you black. Mr. Ortiz: Oh, no. You're blacker than me. That's obvious. Chair Hardemon: Yeah, I imagine. Commissioner Carollo: The -- Chair Hardemon: I could imagine so. Okay. Thankyou. Your five minutes -- Mr. Ortiz: Thank you. Chair Hardemon: -- have expired, and I'll recognize the Chief. Commissioner Carollo: Well -- Jorge Colina: Good afternoon. Jorge Colina, 400 Northwest 2nd Avenue, Chief of Police. So there's a lot of things that have been said. I'm going to respond to some as directly as I can, and then we have a presentation I'd like to make as well. I think it's easy to look at the surface of something and pick a couple of points that you feel will help you present your argument or fit your agenda or what your wants are, and then present them as fact, but I think it's incredibly important that we look a little bit deeper and we examine everything from top to bottom, and then make a decision about what does it mean. I find it -- a lot of the things that have been said here today disturbing, primarily because a lot of the things said here are either misrepresentations or disingenuous. And let me just start -- and I apologize for bouncing around, butt just scribbled notes as the members spoke. Quickly on Chief Dickson. February of last year, we promoted -- or not promoted -- graduated an Officer who was the granddaughter of someone who worked with Chief Dickson. Chief Dickson came to the Police Department. I saw him in the audience. I invited him to my office. He is a historical figure for us, because he was the first black Chief of Police. I gave him a badge. I gave him a new identification. He relayed to me how happy he was to be invited back to the Police Department, because it has been City of Miami Page 114 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 many, many, many years since he had been invited there, since he had been given an ID (identification), since he had been given a badge. Back then is when I thought that it would be a good idea, while he's alive -- and not that I'm -- want to send him home -- but while he's alive, to make a documentary, showing everything that he lived, what he endured, and how he was able to overcome his obstacles and rise to the level of Chief of Police. That was back then. That documentary probably took six, seven, eight months to put together, and now we're ready to show that, and I'd be more than happy if all of you came and joined us while we see that documentary. In terms of naming the college, as you recall, Commissioner Hardemon, you and both the Mayor asked me, `"Listen, is there any hesitation in naming the college after Chief Dickson? " And my immediate response was, "Absolutely not. I think it's -- "that's a wonderful idea, " because, again, he is a historical figure. His name being on that building has not happened yet; not that it has anything to do with a bond rating. It's because that was built with bond money, and there are very specific rules on once something is built with bond money of what you can do and what you can't do. So what we did was we turned that over to the City Attorney's Office. It does not matter to me. I would be honored if that name can go up there today. If it would have gone up three months ago, six months ago, that would have been wonderful. That makes no difference to me, because I am a proponent. I have no problem when the MCPBA came to me and said, "Why is this taking long? We don't understand. Is it a matter of money?" Absolutely not, it's not a matter of money. Absolutely not. It'd be very easy to go find --first of all, I don't even think it would be expensive, but it would be very easy to go find a sponsor, even a Commissioner, to pay for it. No problem. The issue is that it's in the hands of the City Attorney's Office, because there are some legalities that they need to make sure they cover before they take that step. We've even spoke in our staff meetings about maybe we can circumvent that by naming something inside the college, at least temporarily, while this is happening; the "Chief' Dickson Auditorium, " for example, for example. But certainly, this documentary did not just come about now; this was hatched 9, 10 months ago, and it's taken this long to produce. We're ready to show it, and that's that -- that's all that is. I am a proponent of putting his name on there. Because of everything that Chief Dickson has seen that's been coming up, and these allegations that he's made, he wrote a very nice letter that he sent me a copy of, telling me how grateful he is for the way that I've treated him, but everything that he has seen happen in the Police Department and a lot of the decisions that have been made and the actions that have been taken, and I'm very grateful for his support, Chief Dickson. Ezra Washington, that was one of the names that was mentioned here. I am very fond of Ezra Washington, and I think he's a fine investigator. His transfer from the Homicide Unit and his complaint was presented side by side as to conflate the two and make it seem that these two things are related. Ezra Washington, someone left that picture on his desk, which is the cover of a Nigerian movie. There's dozens of those that are very similar from, I suppose, dozens of Nigerian movies that have been made. I don't know if that's offensive to someone or not. It could be. I'm certainly not going to tell someone what they can or cannot find offensive. He had a right to make a complaint, and he did. He made his complaint here to EODP. I'm just going to read quickly -- that says, "After taking copious notes of those directly aware of the situation and conducting a thorough investigation of the facts as they were ascertained, the case of discrimination based on color, race, sex, gender, et cetera, cannot be substantiated. That was the findings. In addition to that, Ezra Washington met with the major in charge of labor. They discussed the issue as well. Ezra Washington was transferred from the Homicide Unit. He was transferred from the Homicide Unit, because he did, in fact, have an inappropriate relationship with a girlfriend of a man who's sitting in jail for murder. He's the lead investigator in that case. That case is still open. A complaint was made by that defense team. You don't have to take my word for it. You can listen to the statements in Internal Affairs. They have the text messages that went back and forth between the two of them. They have that. They have Ezra Washington's own statement, admitting that he City ofMiami Page 115 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 understood that this was wrong, and he wish it wouldn't have happened. He was apologetic. He did not want to be transferred out of the Homicide Unit, and I understand. He's a very good investigator. And I understand why he would not be want -- want to be transferred. But that is the reason why he was transferred, because he has now essentially jeopardized a capital murder case. That's the reason that he was transferred. It had nothing to do with his complaint. Nothing. Several examples were given of racism being tolerated. A video was shown of the FOP vice president with a Bible, throwing it -- I did fire him, and the interview that you saw was accurate. That was obviously derogatory, offensive, and in my opinion, that action was anti-Semitic, and that's why I took the action that I thought was appropriate. We had an incident in Overtown where there was someone laying on the ground prone, which very clearly to me, very obviously was not offering any resistance whatsoever. The person that was on the ground was black A Hispanic Officer comes and kicks at his head. In the video, it looks like he made contact. Ultimately, we realized he did not make contact. It made no difference to me. That was an act of what I deemed excessive force and inappropriate action against someone laying on the ground, who has already surrendered himself. It took me about 11 minutes to relieve that officer of duty, and immediately forward that to the State Attorney's Office. I fired that officer. I have his arbitration on Tuesday. I will be prepared to testify there. That is the action that I took on that officer. It didn't matter to me that he was Hispanic, and it didn't matter to me that the man that was lying on the ground happened to be black. What mattered to me was the action that was clearly depicted on that video. And so, I fired the officer. Let's speak -- just for a moment, I'd like to address a couple of other things of Internal Affairs, and there was a lot that was said, but I do want to cover a couple of things. There was some figures that were given about going over 180 days. Those figures are not accurate. The MCPBA made a public records request for cases that have taken more than 180 days. That's the information that they were given. I don't believe that they realized that just because a case goes over 180 days that that is now a violation of the Officer's bill of rights. If a case is tolled -- if there's a complaint against you and you're deployed for example, that case is tolled. So that case may last 240 days or 400 days. That does not violate that officer's bill of rights. That case is still able to investigate. If it is a criminal case -- obviously, sometimes criminal cases take very long. They could take year. They could take a year and a half- could take nine months. That does not fall within that 180-day rule. Those figures that were given were every case that went over 180 days; not cases where there was a 180-day violation. Those are very different things. Commissioner Carollo: Chairman -- Chair Hardemon: Yes. Commissioner Carollo: -- can I -- on that topic -- Chair Hardemon: Yes. Commissioner Carollo: -- can I ask the Chief a question? Chair Hardemon: Yes. Chief Colina: Sure. Commissioner Carollo: Out of those cases, Chief, whether it's 180 or -- excuse me - - 200 plus, or whatever it is, do you recollect one case with then Captain Javier Ortiz that went over, and it was dismissed because it was over the 180 days? City ofMiami Page 116 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Chief Colina: That may be, sir. I don't -- without looking at it specifically, I couldn't tell you. Commissioner Carollo: You don't remember that the CIP (Civilian Investigative Panel) received information that that was exactly what you and the head of IA (Internal Affairs) were going to do, and they had requested of you to testify and give them statements, and you refused to do it? Chief Colina: Sir, I haven't refused providing CIP statements. Commissioner Carollo: Well -- Chief Colina: I'm not familiar with the exact case that I'm -- certainly will need to look at it again. Commissioner Carollo: What -- Chief Colina: I'm not familiar with the case that you're referring to. Commissioner Carollo: And then they started an investigation precisely on that, and sure enough, how it ended up was that everything was dismissed on Captain Ortiz while he was on probation as captain, because he was not able to be interviewed, as I remember, and he was unavailable, and the 180 days passed. Assistant Chief, if you got anything to say, please go to the mike. Chief Colina: He's just making a clarification that we believe -- but we'll confirm -- that that happened under Chief Llanes, and that's why I'm saying, I'm not sure. I'm not saying that you're incorrect. I just honestly don't know. Commissioner Carollo: Well -- Chief Colina: I will look at it, but the deputy believes that that was probably under Chief Llanes. Commissioner Carollo: -- again, what I was sent -- this is some time ago, so I'm going from memory, but it was last year, and it was under you, and you were the Police Chief on that. Mr. Ortiz was not promoted -- Chief Colina: I think I know what case you're speaking to, sir. Commissioner Carollo: -- to captain until around -- just a few weeks before you were made Police Chief. So it had to have been you if -- Chief Colina: There was a case in Internal Affairs where Captain Ortiz was the principal officer. The complaint was made against him. It is my understanding that that is a case that he would have been substantiated on, a case that was -- I don't want to call it a minor complaint, because all complaints are important, but certainly an administrative one, where the Internal Affairs investigator made an error, and because he made an error, we were not able to discipline Captain Ortiz. What I did in that case, sir, is that that investigator was reprimanded, and he was transferred from Internal Affairs, is the action that I took. Commissioner Carollo: What I recollect that was sent to me was a little different than your story. That because he complained of what was going on, that he got transferred; not because he was the one that made a mistake -- Chief Colina: The investigator oflnternal Affairs? City of Miami Page 117 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: Yeah. Chief Colina: No. He was transferred because he botched the case. Commissioner Carollo: I will put a public record's request to CIP and get the complete story that's there, but it's clear to me that you were the Police Chief there. The information I received was that CIP, in the midst of this investigation, were told that, purposely, the 180 days were going to expire so that Ortiz would not have any problems, and that they asked you before that to see if you would give them a statement, and you did not, neither did the IA -- Chief Colina: That does not sound -- Commissioner Carollo: -- director at the time -- Chief Colina: -- remotely familiar to me. Let me just be very clear, because it was also brought up before when Captain Ortiz came up here -- whatever meeting that was -- the next day, the next day --just so everyone here understands -- the next day I called in the Assistant City Attorney, and I said, `I'd like you to please consult with your colleagues. I'd like to know what action I can take against the captain for his behavior. " So I understand that it's complicated. I understand that there's a state statute that dictates what you can and what you can't do when you're representing yourself as union business, but I want to know what action I can take. You don't have to take my word for it; you can speak to them. That's what I did the next day. So this idea that somehow because it's Captain Ortiz, I'm not going to take the appropriate action, that's just not the case. What I am going to do is I'm going to follow due process, we're going to do things the way that they're supposed to be done, and if there is a video or a bus full of nuns or whatever it is that says this is what we've observed and this is the action that we saw and that rises to the level that someone needs to be terminated, they will be terminated. It doesn't matter to me whether it's the captain or anyone else. And like I said, they use representations of `Hiey, look at the way that this seems, " and then we deduct all these thoughts about it. It's just not the facts. Commissioner Carollo: Well -- Chief Colina: Because the very next day, I consulted with the City Attorney's Office, and Mr. Wysong is right there, and I asked him, `I need to know, because I don't find this acceptable, and I need to know what action I can take. " Commissioner Carollo: -- Chief, I thank you for your statements. At least, we're now in agreement of one thing, that this was not Chief Llanes that it happened under, like your Assistant Chief was trying to tell you; this was with you. I am going for my recollection of what I read some months back. I am going to ask for all that information. And if it's okay with you, I'll be bringing it up in some form or another at the next meeting. If what he says is different what you're saying, I'll gladly read it. Chief Colina: No. And like I said, I'm telling you -- Commissioner Carollo: If it's -- Chief Colina: -- I'm not. familiar. I'd be happy to look at it. Commissioner Carollo: Sure. City of Miami Page 118 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Chief Colina: And you're certainly welcome to ask for and see anything you'd like, like anyone else. And by the way, that has been my response since day one of -- as Chief of Police. Someone wants to look at something, someone wants to examine something, please do. And if someone finds something that's not right that we need to address, that we need to fix, then we71 fix it. Commissioner Carollo: Well, talking about that, now that you just say you need to fix it, you know that since you've become Chief, the majority of overtime -- at least from what is being reported from our agencies that we have to investigate that -- state that the majority of overtime that our officers get, they're being paid in cash. Does that alarm you that police officers are being paid in cash? Chief Colina: If I may, Commissioner, I -- if you don't mind, I'd like to continue to address some of the concerns that were brought up, and then I would love to discuss that further with you as well. Is that okay? Commissioner Carollo: That's fine. We don't have the time today, which probably won't -- Chief Colina: No. I think we should have it -- it's -- Commissioner Carollo: We can take it up on the next meeting in January. Don't worry. Chief Colina: Okay. Commissioner Carollo: I'll be a lot better, feel better in January, and I'll stay until 5 in the morning, if need be, if I have to. Chief Colina: I'm hoping -- I'm going to try to be -- Commissioner Carollo: (UNINTELLIGIBLE). Chief Colina: -- as brief as I can. I'm hoping to get this -- through this fairly quickly, and answer any questions that anybody may have, and then certainly, I would love to get into that discussion as well. Jay Pigio (phonetic) was brought up in our Training section. I was the major in charge of Internal Affairs, and I did recommend the termination of Jay Pigio, and the Chief agreed with me, and we fired him. We fired him because he had a litany of misconduct complaints that were substantiated, and I thought that the behavior was unacceptable and not that of someone that should work in the City of Miami Police Department. So I recommended termination, and he was fired. He remained fired for a while. He went to arbitration, and he won his job back. Chief Llanes was the Chief at the time. He comes back to work. He is eligible to take a sergeant -- a lieutenant's exam, because part of the arbitration ruling is that he be made whole. And so, he had his eligibility. He took the exam. He got promoted. Chief Llanes put him in Training. I think that was a very wise decision that Chief Llanes made, and I'll tell you why. Jay Pigio was reinstated probably about five years ago. He's had zero complaints since the time he's come back. Redemption is an incredibly powerful thing, incredibly powerful. That Training section, by the way -- Jay Pigio was reinstated in August of 2015, and he's had zero complaints since. There is absolutely no reason for me to remove him from Training, because he's done nothing wrong since he's been back to work Nothing. Zero complaints. He's done absolutely nothing wrong. However, that Training section, the team that's been put together by the major who runs it, they came out second in the State of Florida for training academies for the amount of people graduating from the academy and their scores. 100 percent, 100 percent of our cadets passed the State exam. 100 percent. Ninety-two and a half percent of City ofMiami Page 119 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 those cadets passed it on their first attempt. Ninety-two and a half. We had two cadets that went to the Miami -Dade County Police Academy, which, by the way, is an excellent police academy. You get three attempts to pass the State exam, as you know. They went through that academy. They took that State exam three times, and they failed every time. They then came to our academy, passed our academy, took that exam, and passed it on their first attempt. We now have Coral Gables, Doral, FIU (Florida International University), Golden Beach, Miami Springs, North Miami, Pinecrest, they all send their recruits to our academy. We're the -- only two academies have their own accreditation; ours is one of them. We have countries that are now sending personnel to our academy to receive training; most recently, Germany, Argentina, and Switzerland. Jay Pigio should have been fired for the things that he did, and he was. Jay Pigio came back to work. Since he's been back, he's been able to redeem himself. While he was fired, by the way -- it's not like a penalty didn't occur -- lost his credit, lost his relationships; he lost his father that was never able to see his level of redemption, but he has done a great job since he's been back. The major of that section has put this team together. The amount of accolades and awards that they have received are incredible. That major, by the way, the ones that picks and chooses the people that people that work in that academy, he's got a bachelor's degree, he's got two master's degree, and he has a doctorate in Education. That's the major that runs that section there. That's the team that he's put together. I think the level of success they've had speaks for itself. So I'm sorry that I don't agree that he should be removed. I just don't see it that way. Chief Llanes put him there, and I applaud him for his decision; that he didn't try to hide him in a closet somewhere, collecting taxpayer dollars, and we're not getting anything from him. On the consent decree -- and I don't want to misspeak. And Ms. Roberts is here if you have any specific questions to that, but the consent decree was lifted at different stages. First of all, it doesn't matter how you see yourself or what you describe -- male, female, white or black -- when you fill out the exam. You don't get additional points for being in a minority. Your score is your score, and where you come out on the list, you come out on the list. So if someone put Asian American or Asian -Pacific or Eskimo or anything like that, it wouldn't matter; your score is your score. Chair Hardemon: May I ask you a question? Chief Colina: Yes, sir. Chair Hardemon: Can you think of any reason fathomable that an applicant to the Miami Police Department will put Hispanic white male, and then later on change it to black male? Is there any reason that you can -- because I struggle with trying to, you know, understand -- Chief Colina: The only thing that I think is certainly possible -- and I don't know for certain, obviously. But I think that if you're like many people that believe that depending on what you put down maybe gives you points, I certainly see that as a possibility. I can't say it with all certainty, but I can't imagine what difference it would make, no, when you take an exam, I mean. Chair Hardemon: Typically -- like, police officers have a benefit that not marry people have. The things like -- for instance, when you have an affidavit, arrest affidavit, the information that a police officer put -- it's a sworn police affidavit -- judges, prosecutors, everyone generally give the police officer the benefit, the credit that the things that they write are true. We've seen people read arrest affidavits, and if you've heard them, you would say, " My goodness. " So you expect police officers' candor, their voracity to be something of top quality, right? Chief Colina: Yes. City of Miami Page 120 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Chair Hardemon: And so, I'm trying to understand how the department deals with a police officer who, I believe in honesty, wrote that he was a Hispanic white male, and then dishonestly wrote that he was a black male. I would imagine that intent -- you know, his intent is something to consider; if he actually believes that. If he's wrote afterward that he was a white male and not a black male, like -- you know, all these things what you would use to consider, you know, what his state of mind was when he did it, but -- Chief Colina: Yeah. Was it a joke? Was it to gain an advantage? Was it -- all those things matter. Chair Hardemon: But moreover, it -- to me, it's about voracity. Chief Colina: Sure. Chair Hardemon: You know, is this something -- if today that he wrote he was a black male, then what stops him from saying that that woman assaulted him and that's why he took her down with the excessive use of force? Maybe he was being dishonest then, too, or maybe he was being dishonest when he said that the person blew a stop sign and he stopped him, and the person didn't blow a stop sign. And so, you know, I take very seriously the things that police officers represent to me. I take very seriously the things that I say, because I know that I'm an officer of the Court, and if I were known to be dishonest, then that is something that could potentially take away my privilege of practicing law. And so, what police officers say, what people say under oath, what professionals say matter. And so, here I am dealing with a professional law enforcement officer that has a duty of honesty and candidness and makes a statement that today he couches in his belief that he is a black male. And we know that sometimes it may be difficult to determine whether someone actually believes something, but the circumstances surrounding it kind of can help paint that picture. So how is it that you see the issue of representing yourself one way when you're in fact not that way? And how, you know, the voracity in that can affect the job that the person has to do in other ways? Chief Colina: I think it's -- I think context always matters. I think you have to look at it holistically. I don't know what his thought process was. I think this was in 2014. The second exam I think might have been in '17 or '16. I'm not sure. In any event, this was certainly before I was the Chief of Police, and quite frankly, I haven't given it a lot of thought, but I'm certainly open to sitting down with the attorneys and with HR (Human Resources) and examine, you know, what does this mean, how does this mean, why does it mean. I'm certainly open to any of that. Chair Hardemon: Because I ask you, Chief, if I -- I jokingly say things like this all the time because I'm one of those people who believe that we should not be afraid to talk about issues of race -- Chief Colina: Yes. Chair Hardemon: -- and discrimination, because it is that uncomfortableness that allows us not to be able to move forward past the issues and really conquer it. And so, if I apply to your police department, and on my application, I put that I was a white male, and then you met me and you said to me, "You indicated on this that you are a white male. Are you a white male? " And I said to you, "Yes, I believe that I ama white male. " White men have been in my family since -- to my great, great grandmother, because when we were brought over from the slave ships, they raped a couple people, and it's in my bloodline. I guarantee you, if you check my bloodline that I'm going to have white in me. And so, therefore, yes, I am a white male. I City ofMiami Page 121 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 would imagine that you would take that and measure that statement against what I could potentially do in the future, how I think, how I process facts, how I respond. How would you -- like, I -- if I were in your position -- and I want you to respond to me, you know, because you are -- you would be in that position. But if I were in your position, I would question that person in their suitability to be a police officer just because of the way that they responded to that. I could imagine what they respond -- how they respond in other things. How would you see it if I came to you and told you as an applicant that I believe that I was a white man? Chief Colina: So if you came tome and you told me that you believed that you were white, what would I think about that? Just to make it simple, is that the question that you're asking me? Chair Hardemon: How would you analyze that statement? Chief Colina: Man, I would think that something's wrong with Commissioner Hardemon. That's what I would think. I mean, I clearly see a black man. So, you know, it's -- everything that we do in the City, every decision that's made, a lot of the things that I weigh -- and a lot of people don't understand the decision -making process. And so, if'you're going to discipline someone and not terminate 'em, that you think, "You know what? This person's always done a great job, and so, I'm not going to fire them. I'm just going to discipline them. " Some o f the things that you should be thinking about is, does this create liability for the City? Is someone then in the future that wasn't a good employee but committed the same offense and they're fired, do they now have the ability to say, "This is disparate treatment"? Both of' these things occurred. I did the same as this one. One was fired; one wasn't. These are the things that you have to consider. They're not always simple decisions, because there's always many variables that come into play; the person's history and they're good deeds in the past, et cetera. But sometimes people oversimplify it, and they say, `Hey, this and this and then that," and it just doesn't work that way, especially when you hold a position like this. Commissioner Carollo: What -- If I can, Chairman? What I'm curious about -- I don't know if you have the answer; maybe Angela does, our HR Director. Since Mr. Ortiz claimed that he was a black, now I hear "Jewish black" -- I'm afraid, maybe next month will be, you know, a black Jewish woman. I don't know. But how did he classify himself after the test? Did he state as black, or did he come back and become a Hispanic white male? Angela Roberts: Good afternoon, gentlemen. Angela Roberts, HR Director. Currently, he has not filled out another application for anything, so he hasn't had to attest to what his race or ethnicity is. Commissioner Carollo: Okay. Ms. Roberts: So right now it stands as whatever the last application was that he filled out. Commissioner Carollo: For the captain's exam -- For instance, they mentioned lieutenant, but.for the captain's, what did he fill out.for captain? Ms. Robert: I believe it was the captain that -- where he put the black male. Commissioner Carollo: It wasn't the lieutenant? Ms. Roberts: It was both. It was both. City of Miami Page 122 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: Okay, so it was both. Ms. Roberts: Yes. I stand corrected. Sorry. Chair Hardemon: When you say, "both, " do you mean that it was one exam that encompasses both or two separate exams -- Commissioner Carollo: No, no, no, no. Two separate exams. Chair Hardemon: -- at two different times or both times? Ms. Roberts: Two separate exams at two different times. The issue first came out when he was a lieutenant, and at that time I wasn't the HR Director. And it was that -- on that application is where he, it is my understanding, attested that he was a black male. Commissioner Carollo: Okay. Do we know if it's in his driver's license he's listed as a black male or is he listed as a Hispanic male? Ms. Roberts: I haven't seen his driver's license, but if'you give me a moment, I can have someone pull it and see what -- when we got his driver's license, what it lists. Commissioner Carollo: Yeah, because I think that would be interesting. Chair Hardemon: And I'll say this -- Ms. Roberts: I'll do that. Chair Hardemon: -- because -- and Mr. Ortiz is still here -- if Javier Ortiz is a black male, you got a lot of catching up to do. It's a lot of responsibility and things that you have to go through to kind of get you hack to speed. The first thing that's coming up is the Martin Luther King Parade; I expect you to be there. Commissioner Reyes: Walking. Commissioner Carollo: I have one question from the Chief- maybe Angela might be able to assist. Ms. Roberts: His race isn't -- he just handed me his driver's license. His race isn't listed on his driver's license. Commissioner Carollo: Okay. How 'bout his gender? Ms. Roberts: I'm sorry; say it again. Commissioner Carollo: His gender. Is it -- the gender listed? Ms. Roberts: Yes. Commissioner Carollo: Okay. Ms. Roberts: Yes. It says, "Male. " Commissioner Carollo: All right. Mr. Ortiz: Yeah. I'm not a woman. City of Miami Page 123 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: Now, Chief -- Chief Colina: Yes, sir. Commissioner Carollo: -- since he took an exam for lieutenant --for captain, that he listed himself as a black male, how do you have him listed in the department to know how marry black males you had before as lieutenant, as captain now? Is he listed as a black male? Is he listed as a white male, as a Hispanic, or none of the above, like the driver's license? Chief Colina: Yeah. We classify him or -- I don't even know if "classify" is the word, but in any event, as far as we're concerned, he is a white Hispanic male. Now, I -- you know, I haven't looked at his -- Commissioner Carollo: Even though he claims he's black? Chief Colina: Well, he claimed he was black on the exam; I know that. Commissioner Carollo: So don't appear that you put a lot of credence to that. Mr. Jean-Poix: I could clarify it. Chief Colina: Did I put credence to what, sir? Commissioner Carollo: That he was black. Chief Colina: No, I didn't put any credence to that. Commissioner Carollo: Okay. Can -- maybe he's got -- Chair Hardemon: I'm going to allow him to speak. Commissioner Carollo: -- some information that he could -- yeah. Mr. Jean-Poix: No. Just for clarification, he placed himself as black non -Hispanic on the lieutenant's exam in 2015, black non -Hispanic on the captain's exam 2017, and we pulled the employee list -- the City of Miami Police Department employee list; on January 10, 2019, he was listed as Hispanic male. I have it right here. Chair Hardemon: Thankyou. Chief Colina: That's how we have him, as a Hispanic male. Commissioner Carollo: All right. Thank you. Well -- Chair Hardemon: I'll allow you to finish. Chief Colina: Thank you. Commissioner Carollo: --he confirmed what you said. Thank you. Chief Colina: Yeah. Just a few more things, like I said, and then I'll get to a really brief presentation, but there was also an issue made about disparate treatment in terms of people that are fired. We have dismissed, terminated, resigned in lieu of termination for moral character violations, of policy, 27 people in the last two years. Of those 27 people -- 9 were black of the 27 -- one tested positive for marijuana, one was involved in a hit-and-run while at the police academy, four were involved in a City of Miami Page 124 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 drug smuggling sting, one lied about an accidental discharge, one removed his gun belt and badge on a busy sidewalk in Wynwood and assaulted a man over a personal dispute, and then one was a civilian employee who was fired for an incident in our property bureau. Those are the nine. I don't see any scenario where we should have kept any of those employees. I'd look to -- and again, just for the sake of time, and I know this has been a long day, but -- Where's Natalie? Commissioner Carollo: Let's see if we could bring this to an end. Chief Colina: Just want to make sure that this is able to come up on the screen. This is the City of Miami population: 17.7 percent is black. The Miami Police Department is 25.7 percent black. If you count our civilian employees, the City of Miami Police Department is 33 percent black. So as you can clearly see, the black population is very well represented at the Miami Police Department. This is sworn personnel by race: 26 percent black, 65 percent Hispanic, 8 white, and then a few others. This is the command staff by race: 26 percent black. This is going to change, because I made announcements, I guess two weeks ago; I'll be making promotions the first week of February. And so, that number's going to go up slightly, the command staff by race. This is black representation by rank. Again, some of this is going to go up slightly or down slightly based on these promotions that are coming, but as you can get an idea there of the representation across the department. Specialized units, because that was mentioned, 26 percent black as well; Homicide Unit by race, 29 percent black These are my last five, most recent promotions. So over 13 months, Commissioner, I've had an opportunity to promote five people in the last 13 months. These are the five people that I promoted in the last 13 months. These are the five. By the way, we have 12, because it was brought up -- and again, I apologize, but as I'm remembering things, we have 12 black lieutenants in the Police Department; eight of them, eight, are in specialized units. This is the command staff in 2009, just about a decade ago: We had seven black staff members, we had one female. I don't recall anybody making a big deal that we only had one female, but that's what it was. 2009, seven black total, one female. This is an interesting one. This is the command staff in 2017 in October. This was three months before I was the Chief of Police. Eight black staff members total; six females, two males. The reason that I find this interesting is -- one of the things that I've heard is that it is outrageous that we only have three black male staff members. Well, three months before I was the Chief of Police, we had two, and we had eight black staff members. This is 2019. Now we have nine black staff members; three happen to be males. Nine black staff members. What's important to note here -- there's a few things. A lot of different things were brought up today. You go back to the press conference that the MCPBA made before. The emphasis has been -- and you heard people when they came to discuss it at the last Commission meeting -- on black males. "We want to see more black males." I don't think that they yet recognize that when you say you want to see more black males in staff, you're also saying, "not black females. " Black males. You want to see black males. In 2015 we had a lieutenant's exam. That lieutenant exam was very important for this reason. We hadn't had one in a long period of time, number one. Chair Hardemon: Before you (UNINTELLIGIBLE). Chief Colina: Yes, sir. Chair Hardemon: Your statement was, "We want to see more black males, " and then that means less blackfemales. Chief Colina: Yes, sir. And I can give you some context on that. City of Miami Page 125 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Chair Hardemon: I don't want you to give me the context, because if you can make that conclusion, then you can also make the conclusion less Hispanics. We want more black males, less Hispanics, because obviously, there are less black staff members than there are other races. So why do you believe that the statement means less black females and not more representation of black males? Chief Colina: So we had a meeting in our office -- and by the way, every time we have a meeting, whether it's with the FOP or HOA or the MCPBA, I always have an Assistant City Attorney there. In that meeting, I was told, "We'd like to see more black staff " When I mentioned, "Well, but I just promoted this female and I promoted that female. " No, no, no. They don't count. We're talking about black males. " Mr. Jean-Poix: That's not true. Chief Colina: That's the context. And like I said, I had Assistant City Attorney sitting in those meetings. If you go back to the press conference, you will hear some of those same statements, and I'm going to finish -- And by the way, if we can, I think -- I sat patiently -- Chair Hardemon: I understand. Chief Colina: I sat patiently -- Mr. Jean-Poix: I'm sorry, okay. Chief Colina: I didn't come up and rebut, which I could have at the time, because it would have been much easier to recall all the things said. Chair Hardemon: Chief, understood. Chief Colina: Okay. Chair Hardemon: Understood. Chief Colina: So, in any event, that's what was said. This is what it looks like. What's important is this, three months before I was the Chief of Police, we had eight black staff members, and two of them were men. 10 years ago, we had seven black staff members; one was a woman. I become the Chief of Police; we have nine black staff members; three are male. This is what it's going to look like when I make my promotions in the beginning of February. We're going to have 10 black staff members; seven females, three males. 10 black staff members is the most that we have ever had in the history of this Police Department; the most. This is what they look like. I showed you the images of the people that I promoted to my staff over a 13-month period. I showed you that. And now these are the images of the people that I'm going to be promoting in the first week of February. That's what they look like. And so, you forgive me if 'I'rn taking aback when I hear this talk about, "Well, there's racial inequality at the Miami Police Department, " because that's what the discussion item was about, "racial inequality, " when 33 percent of the Police Department is black when you include our civilians. If you don't, it's 27 percent, and the City population is 17. When you look at every one of our ranks, it's just not the facts, and that matters. The details matter. It's easy to pick one unit and say, "Hey, in this unit of 'five people, there are no black,- that's an outrage. " Well, sure. I can point to another unit where four out of the five are black. That's when you start misleading, but when you look at it holistically, these are what the numbers are. This is what they look like. This is a quote, and you don't have to take my word for City of Miami Page 126 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 it. You can go to Channel 4 and pull it up yourself. This is what Lieutenant Carr said: "What we want to see other African American males promoted and be placed in areas they may not normally be placed at. You can put us in Brickell. You can put us in the Upper East Side. You can put us in different places that are not your typical places. " This is what he said. The reason I put this up -- there were many things that were said, but the reason that l put this up is -- Chair Hardemon: Chief, where'd you get this picture from? Chief Colina: That's from the employee pictures that we have. Chair Hardemon: No. I asked that because most of the pictures that are depicted of Officers, they all look -- they look very nice. The last picture that you just showed, Photoshopped extremely; most officers look that way. This looks like a mug shot. And I would say that to be very careful. I'm sensitive to how people are depicted when statements are made about them. Chief Colina: Sure. Chair Hardemon: I've seen images of black men when we have many great pictures that they could use; they use pictures that are less flattering. I don't know where he took this picture. This picture looks less flattering, and I -- Chief Colina: This is the same picture, Commissioner, that all our employees -- there's a catalog of police employee pictures. Chair Hardemon: And they (UNINTELLIGIBLE) them. I know you didn't pull this picture. Chief Colina: No, I did not pull it. Chair Hardemon: Right. Someone pulled it for you. Chief Colina: So when you ask someone, do me a favor -- Chair Hardemon: They did you a disservice. Chief Colina: I'm sorry? Chair Hardemon: They --whoever pulled this picture for you -- Chief Colina: Yes. Chair Hardemon: -- did you a disservice. Chief Colina: I appreciate that. Chair Hardemon: Okay. Chair Hardemon: "You can place us in Brickell. You can put us in the Upper East Side. You can put us in different places that are not your typical places." Here's the problem with this statement, or at least the problem that I have with it, and this is a direct quote. Number one -- once again, we're emphasizing African American males -- what's wrong with to saying, "I'd like to see more blacks promoted? " What's wrong with that statement? African American males, once again. The second part of the statement says, "You can place us in Brickell. You can put us in the Upper East Side. You can put its in different places that are not your typical places. " The City of Miami Page 127 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 problem with that statement is this: The commander in Brickell is black. The commander in Coconut Grove is black. They just happen to be women. They happen to be women. And so, that's why I find that this is a problem. I can go on, just like they mentioned before. And again, just real quick, because I saw him over there. I am very fond of Larry Hagen. I've always liked Larry Hagen. He may not know this, but you can call Danny Alfbnso, and he will tell you that I said, `Please reconsider this action. Please. " By the way, Ezra Washington, like I said before, very fond of him too. What wasn't said here is, when that reprimand came and there was misconduct on there -- by the way, this was a few months ago -- I called and said, "Hey, man, I don't want this to follow this guy. He made a mistake. Can we change that from `misconduct' to `improper procedure? "' By the way, I know that it is a significant violation of policy, but that's what I did. I'm not trying to harm anybody here, but we're going to follow the rules. We're going to do things properly, and this idea that the MPD has an issue with equality is outrageous. The numbers are irrefutable. You see what our staff looks like. You saw what it looked like before; you see what it looks like now. It's just not accurate. Commissioner Carollo: Chairman? Chair Hardemon: Yes, sir. Commissioner Carollo: If I could address him for a second? Chair Hardemon: Yes. Commissioner Carollo: I'm going to answer this part of what you're addressing -- Chair Hardemon: Can we go to another slide? Commissioner Carollo: --in the following way. Chair Hardemon: Can we choose a different slide? Chief Colina: A different slide? Chair Hardemon: Go to the previous slide. Chief Colina: Oh. Chair Hardemon: There we go. Commissioner Carollo: Chief, the part of what you're addressing now, I'm going to answer it to you in the following way, but -- Chief Colina: Commissioner, if you don't mind speaking a little closer. I have an ear infection, and I'm sorry; I just -- I'm not -- Commissioner Carollo: I got another infection too, so we're -- Chief Colina: So, yeah, if you speak into it -- Commissioner Carollo: Yeah. Chief Colina: -- I can hear you fine; otherwise, I struggle. City ofMiami Page 128 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: We're both handicaped today, but I'll still say that I'm better on one cylinder than most people on eight. The --before you came to address us, I think you heard what I said. While I certainly can look at the facts that I've been given and information that I've been given and believe that maybe there is institutional racism in our department to some extent, believe that maybe there is a group of officers that -- and I say a group; not all -- that feel that way. I stated that 1 didn't think you were racist -- Chief Colina: I appreciate that. Commissioner Carollo: -- and I don't. Chief Colina: Thank you. Commissioner Carollo: I think you're a politician. That's a big difference. Now, having said that, the -- what you're trying to do here, Chief, is -- and I think you've been fine in trying to explain everything as best as you can. But what you're trying to do here is what, for years, people that are not black try to do with the black community; divide them, and it's clear you're trying to divide the black male officers in your department, minus Javier Ortiz, with the black female officers. And I'm sorry; I think you're going down the wrong path with that. And what I say to you on this is what our esteemed City Manager accused all of this Commission last week after our last meeting: Braden Circus, he said. Braden Circus. If you don't what it means -- I also have a degree, like he does, in international relations -- go to the Rome or the Caesar's and you'll understand it. Chief Colina: I don't know how, Commissioner, you would arrive at the conclusion that I'm trying to divide the black men from the black women. Commissioner Carollo: Chief -- Chief Colina: Is that because I'm -- because I've promoted women? Commissioner Carollo: No. Chief, come on. Chief Colina: No. I don't know how would you possibly -- Commissioner Carollo: Don't go there with that with me, please. Chief Colina: I'm asking a simple question, because I don't know how you would deduce that. Commissioner Carollo: Or the tone is going to get quite different. I'm saying that because it's clear that you're trying to say that all they care are the promotion -- about the promotion of black males. Chief Colina: Because that's what they've told me, sir -- Commissioner Carollo: And -- Chief Colina: -- with witnesses in the room. Commissioner Carollo: But -- Chief Colina: That is what they've told me with witnesses in the room. City of Miami Page 129 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 Commissioner Carollo: Chief, I didn't hear this today, and I certainly do not feel that -- neither they, nor if it was the other way around on black females -- they would feel the same way, but it's a very convenient position for you to take to try to divide people that I think the problem has been more political than racial. Maybe the racial part comes because you might be defending some of your people that support you that do possibly have racial overtones. But I fully disagree with what you're trying to do in trying to divide the black male officers in your department from the black female officers. I think they're all in agreement that there has to be more promotion of both, and this is what I understood. NA.5 DIRECTIVE 7101 DIRECTION BY COMMISSIONER CAROLLO TO THE CITY CLERK City Commission TO TRANSMIT A COMPLETE TRANSCRIPT, ALONG WITH ALL DOCUMENTS SUBMITTED INTO THE PUBLIC RECORD FOR AGENDA ITEM SP.6 (DISCUSION ITEM REGARDING RACIAL EQUALITY WITHIN THE MIAMI POLICE DEPARTMENT), TO THE DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION AND INTERNAL REVENUE SERVICE, INFORMING SAID AGENCIES THAT THE INFORMATION IS BEING TRANSMITTED AS DIRECTED FOR INFORMATIONAL PURPOSES AND FOR THESE AGENCIES TO DO WITH THE INFORMATION AS THEY SEE APPROPRIATE. I_111119111N011hIA0111 RESULT: DISCUSSED Chair Hardemon: You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you, Commissioner Hardemon. Mr. Clerk, I'd like for you to get a complete transcript of this meeting -- When I say, "the meeting, " this portion of the meeting -- along with the documents that were given to us, and if you could send them to the Department of Justice, the -- Todd B. Hannon (City Clerk): Any particular division within the Department of Justice? Commissioner Carollo: The division that would be appropriate Mr. Hannon: I'll speak with the City Attorney's Office. Commissioner Carollo: -- that looks over the City. I think you have plenty of documents from them on file. And if you would also send a copy to the Federal Bureau of Investigation and to the Internal Revenue Service. Mr. Hannon: And I will speak with the City Attorney's Office to try and determine the appropriate division within those agencies. Commissioner Carollo: Just include there that it's been requested of you from a member of the Commission that this be sent as --for informational purpose, and they could do with it whatever they think they should. A motion was made by Commissioner Diaz de la Portilla, seconded by Chair Hardemon, and passed by unanimous consent, to adjourn the meeting. City of Miami Page 130 Printed on 0112912020 City Commission Meeting Minutes January 17, 2020 The meeting adjourned at 6:12 p. m. END OF SPECIAL MEETING City of Miami Page 131 Printed on 0112912020