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HomeMy WebLinkAboutCC 2000-05-04 MinutesCOMMISSION MINUTES OF MEETING HELD ON MAY 4, 2000 (Special Commission Meeting) PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter J. Foeman/City Clerk ITEM NO. r INDEX MINUTES OF SPECIAL COMMISSION MEETING May 4, 2000 SUBJECT LEGISLATION 1. CLARIFICATION BY VICE CHAIRMAN GORT 5/4/00 CONCERNING THE ORDER OF THE DAY/SPECIAL DISCUSSION COMMISSION MEETING CALL REGARDING THE 2-4 LETTER OF APRIL 28, 2000 FROM THE FINANCIAL OVERSIGHT BOARD AND ANY OTHER MATTERS RELATED TO THE ADMINISTRATION AND POSSIBLE MANAGEMENT TRANSITION; FURTHER CLARIFICATION BY CITY ATTORNEY OF JUDGE PHILIP BLOOM'S ORDER ENJOINING ANY FURTHER ACTIONS BY THE MAYOR/COMMISSION REGARDING THE REMOVAL OF THE MANAGER FROM OFFICE; VICE CHAIRMAN GORT REITERATES PURPOSE OF TODAY'S SPECIAL MEETING AND SEEKS CONCURRENCE BY THE COMMISSION REGARDING SAME - PRIORITIZE THE ORDER OF ISSUES TO BE DISCUSSED: FIRSTLY, CONSIDER OVERSIGHT BOARD'S LETTER OF APRIL 28, 2000, AS WELL AS COMMISSIONER TEELE'S INTENT TO INTRODUCE LEGISLATION FOR CONSIDERATION BY THE COMMISSION AND MAYOR TO ESTABLISH A BUDGET ADVISOR, TO BE FUNDED FROM THE MAYOR'S OFFICE BUDGET, THEN CONSIDER JUDGE BLOOM'S INJUNCTION. 2. (A) DISCUSSION REGARDING APRIL 28, 2000 LETTER BY 5/4/00 THE OVERSIGHT BOARD TO THE MAYOR AND M 00-373 MEMBERS OF THE CITY COMMISSION -- DISCUSSION 5-29 REGARDING PERSONNEL PLAN/MANAGEMENT PLAN AS CONTAINED IN LETTER OF MAY 2ND -- FURTHER DISCUSS PROCESS FOR SEARCH/SELECTION OF A NEW CITY MANAGER; FURTHER INQUIRY REGARDING A PLAN TO FILL VACANT EXECUTIVE MANAGEMENT POSITIONS IN A TIMELY AND EFFECTIVE MANNER; FURTHER DISCUSS TRANSITIONAL IMPACT ON FY -2001 BUDGET; ENCOURAGE MAYOR AND CITY ADMINISTRATIVE STAFF TO WORK TOGETHER IN FURTHERANCE OF A STABLE MANAGEMENT PROCESS; EXTEND INVITATION TO MEMBERS OF THE FINANCIAL OVERSIGHT BOARD, WHO ARE PRESENT DURING THE MEETING ON THIS SAME DAY, TO PROVIDE INPUT INTO THE PUBLIC RECORD REGARDING SAID ISSUE.. (B) COMMISSIONER TEELE ENGAGES IN DIALOGUE WITH CITY MANAGER REGARDING MANAGERIAL, ADMINISTRATIVE, AND OTHER TRANSITIONAL ISSUES -- COMMISSION PROVIDES INPUT REGARDING ADMINISTRATIVE, MANAGERIAL AND OTHER TRANSITIONAL ISSUES; DIRECT CITY MANAGER TO SCHEDULE AN ORDINANCE THAT ESTABLISHES CERTAIN TIMELINES WHEREIN THE COMMISSION WILL GIVE SPECIFIC INSTRUCTIONS TO MANAGEMENT CONCERNING PREPARATION OF THE BUDGET; COMMISSION URGES MAINTAINING CONTINUITY OF DEPARTMENTAL EXECUTIVE MANAGEMENT DURING TRANSITIONAL PERIOD; COMMISSIONER TEELE URGES CONSIDERATION OF A PROSPECTIVE MANAGER WITH STRONG FINANCIAL BACKGROUND, AS A CLEAR MESSAGE TO WALL STREET CONCERNING THE FUNCTIONABILITY OF THE CITY OF MIAMI AS A MODERN DAY CITY (C) MAYOR CAROLLO'S STATEMENT REGARDING THE BERATING OF THE CITY OF MIAMI, BY CERTAIN INDIVIDUALS, THE THROWING OF BANANAS AT CITY HALL, UNDER THE PROTECTION OF THE MIAMI POLICE DEPARTMENT; FURTHER INQUIRY BY THE MAYOR REGARDING THE MANAGER'S AND CERTAIN INDIVIDUALS' PROFESSIONAL QUALIFICATIONS AND CREDENTIALS; EVALUATION OF THE CITY'S BUDGET HISTORY AND ACCOMPLISHMENTS DURING HIS TENURE. (D) CITY MANAGER'S RESPONSE TO MAYOR'S INQUIRY REGARDING HIS PROFESSIONAL STAFF, AS WELL AS HIS PROFESSIONAL CREDENTIALS AND THAT OF THE BUDGET DIRECTOR (E) AMEND APPROPRIATIONS ORDINANCE TO ESTABLISH THE CLASSIFICATION OF BUDGET LIAISON IN THE OFFICE OF THE MAYOR, TO PROVIDE AN ORDERLY TRANSITION TO FACILITATE COOPERATION AND SUPPORT WITH THE OVERSIGHT BOARD, BUDGET DEPARTMENT, CITY MANAGER; FURTHER UTILIZING MONIES FROM THE MAYOR'S BUDGET/ SISTER CITIES PROGRAM FOR SAME; FURTHER ESTABLISHING THAT FUNDING FOR SALARY OF BUDGET LIAISON TO THE END OF FISCAL YEAR SHALL NOT EXCEED SIXTY THOUSAND DOLLARS ($60,000); FURTHER SUBMITTING SAID LEGISLATION TO THE OVERSIGHT BOARD FOR ITS CONSIDERATION AND FAVORABLE REVIEW. 5/4/00 M-00-373 5-29 CONTINUATION 3. (A) MAYOR CAROLLO INQUIRES OF CITY ATTORNEY 5/4/00 AS TO WHETHER HE RECEIVED ANY NOTICE IN M 00-314 CONNECTION WITH THE ELEVENTH JUDICIAL CIRCUIT 30-43 COURT JUDGE BLOOM'S ORDER ENJOINING THE MAYOR/COMMISSION FROM ANY FURTHER ACTIONS REGARDING THE REMOVAL OF THE CITY MANAGER. (B) STATUS OF THE INJUNCTION: ACKNOWLEDGMENT BY THE CITY ATTORNEY OF RESPECTIVE COUNSEL FOR PARTIES TO THE LAWSUIT (BEN KUEHNE, COUNSEL REPRESENTING THE MAYOR; AKERMAN, SENTERFITT & EIDSON, P.A., COUNSEL FOR CITY; INQUIRY BY COMMISSIONER SANCHEZ AS TO THE REASON FOR ENJOINING THE CITY COMMISSION AS A PARTY TO SAID LAWSUIT; INQUIRY BY COMMISSIONER WINTON REGARDING WHAT OPTIONS ARE CURRENTLY AVAILABLE TO THE COMMISSION; RESPONSE BY MS. NINA BROWN, ESQ. AS TO THE TIME LINE FOR RESPONSE TO THE COMPLAINT, WHICH WAS FILED BY THE MANAGER. (C) PROPOSED AMENDMENT BY COMMISSIONER TEELE TO FILE A MOTION TO REQUEST CLARIFICATION ON ELEVENTH JUDICIAL CIRCUIT COURT JUDGE BLOOM'S ORDER WITH RESPECT TO WHAT POWERS THE COMMISSION HAS, UNTIL MAY 26TH -- FURTHER URGE THAT THE BUDGET ADJUSTMENT PROCESS IS ALLOWED TO BE COMPLETED; PROVIDE CITY MANAGER AN OPPORTUNITY TO FINISH HIS TRANSITION PROCESS; PROVIDE FOR A MANAGEMENT TRANSITION PLAN; FURTHER INSTRUCT THE ATTORNEYS OF AKERMAN, SENTERFITT & EIDSON, P.A. NOT TO FILE A MOTION OF CLARIFICATION AS TO THE AFOREMENTIONED POWERS OF THE COMMISSION AT THIS TIME; FURTHER URGING SAID ATTORNEYS TO VIGOROUSLY PROTECT THE CITY'S INTEREST WITH CLEAR INTENT TO REACH A RESOLUTION THAT WOULD NOT AFFORD ANY LEGAL REPRESENTATION IN MATTERS INVOLVING THE CITY FOR A 90 -DAY PERIOD; FURTHER ENCOURAGING THAT A CITATION OF COMMENDATION BE GIVEN TO THE PRESENT MANAGER FOR HIS 29 YEARS OF SERVICE; PROFFER AN ACCOUNTING OF THE MANAGER'S CURRENT LEAVE BALANCES, INCLUDING VACATION PAYS, SICK TIME, ETCETERA, ALONG WITH SEVERANCE PAY, BENEFITS AS PART OF A FINANCIAL PACKAGE DURING SAID TRANSITIONAL PERIOD; ADDRESS MATTERS OF THE PROPOSED FY -2001 BUDGET. -- MAYOR'S COMMENTS EXPRESSING SKEPTICISM REGARDING THE PROSPECT FOR ANY ORDERLY TRANSITION; FURTHER DIRECT THE CITY MANAGER TO PROVIDE HIM WITH A COPY OF ANY AND ALL CANCELLED CHECKS MADE OUT TO THE LATE PENSION BOARD ATTORNEY, RONALD STERN, ALONG WITH ANY INVOICES IN CONNECTION WITH "DO THE RIGHT THING," AS WELL AS COPIES OF ANY RESPONSES BY HIM, THAT THE AFOREMENTIONED REIMBURSEMENTS HAD BEEN SATISFIED; MOTION REQUESTING CLARIFICATION BY JUDGE BLOOM OF HIS ORDER AND WHAT SAID ORDER MEANS WITH RESPECT TO WHAT POWERS, CONSISTENT WITH OUR CITY CHARTER, THAT THE COMMISSION HAS. 5/4/00 M 00-374 30-43 CONTINUATION MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 4'1' day of May 2000, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in special session. The meeting was called to order at 10:21 a.m. by Presiding Officer/Vice Chairman Wifredo Gort, with the following members of the Commission found to be present: Vice Chairman Wifredo Gort (District 1) Commissioner Johnny L. Winton (District 2) Commissioner Joe Sanchez (District 3) Commissioner Tomas Regalado ( District 4) Commissioner Arthur E. Teele, Jr. (District 5) ALSO PRESENT: Donald Warshaw, City Manager Alejandro Vilarello, Assistant City Attorney Walter J. Foeman, City Clerk Sylvia Lowman, Assistant City Clerk An invocation was delivered by Commissioner Sanchez, follow by Commissioner Teele leading those present in a pledge of allegiance to the flag. May 4, 2000 Vice Chairman Gort: If you all will stand, Commissioner Sanchez will have the invocation. Commissioner Teele, will you do the pledge of allegiance. Well, good morning, everyone. As you all recall, we called this special meeting. Some new events took place last night and one of the reasons we're a little late, we had to discuss some of the matters taking place with the attorneys. I did not receive any information, very lax information last night. Today I was -- received some more information by our attorneys. At this time, I think, Mr. Attorneys, we need to know where we sit and where we stand and what our rights under the new court order of injunction that took place. Mr. Alejandro Vilarello (City Attorney): Commissioner, with regard to the litigation that was commenced couple days ago and the injunction that was entered -- because I've advised the City Manager, the Mayor and, of course, the City Commission on this issue, I did retain special counsel to the City Commission that's present here today. It's the law firm of Akerman, Senterfitt. And attorneys Nina Brown and Mike Fertig are here and they can address the issues related to the litigation at this time or at any appropriate time that this Commission deems that it wants to hear about the case. Vice Chairman Gort: OK. Do you all like to make any changes in the format or we like to hear from the attorneys first? Commissioner Teele: May I, Mr. Chairman? Vice Chairman Gort: Commissioner Teele. Commissioner Teele: May I inquire of the Attorney? It is my understanding that this Commission meeting was called for what reason and who -- how was this Commission meeting called? Because I'm not sure that what you're proposing is within what I signed my memo on. Now, if there are other memos, I'd like to do it. But I think the first thing we should do is establish what is the purpose for this meeting and focus in on that. Commissioner Sanchez: And who called the meeting. Commissioner Teele: And who called the meeting. Vice Chairman Gort: I called the meeting. Originally, the meeting was called for the -- to address the Oversight Board and the management of the City and the continued -- to respond to that letter that we sent from the administration. As of last night, and my understanding is, I put the wording in the memo that I May 4, 2000 sent, calling for the special meeting, requesting any other items that need to be addressed by this Commission, could do so at the same time. Now, we had this matter of this injunction that came up last night. I've received a call. I believe it was about 9:30. I was put up-to-date this morning and I believe that that's something that we should know, what our powers are, what we can do, what we cannot do. Commissioner Teele: Mr. Chairman? And I don't quarrel with you. But I think it's really important that we know what we're going to do; otherwise, this meeting could drift in a real fast hurry. And I asked and instructed the Attorney to file a memorandum to you, on my behalf, as one Commissioner, requesting that there be a meeting today, at a time of your choice, to discuss the issues of the financial stability as outlined in the Oversight Board's letter dated August -- April 28, and the subsequent letters from me to the Oversight Board, dated May 1, and their response on May 2nd. And what I'd like to do is make sure that, if you made a call, that I will certainly, as Chairman of this body or the presiding officer, the call is whatever you made it for. Any three Commissioners can make the call and it was my understanding that Commissioner Winton had joined my request on that matter, perhaps. I don't know if he did or didn't. But, in any event, I think -- I don't want to split hairs. I think we need to know why we're here and what we're going to discuss before we start discussing everything. Saying that, Mr. Chairman, you, as the Chairman, the presiding officer of this Commission, individually, can call the meeting and we can discuss anything that you determine is within the subject of the call. But I think you need to tell us right now what the subject of this called meeting is. Vice Chairman Gort: If you recall -- and you have a memo, which states discussing the matter cover the letter of April 28, 2000 from the Financial Oversight Board and any other matters related to the administration and possible managerial transition that will take place. Now, my understanding -- I'm not an Attorney. Commissioner Teele: Could I have a copy of that? Is that -- who's -- that's your call? Vice Chairman Gort: That was my call and this memo was sent to everyone. I mean, I think everybody received this memo. Commissioner Teele: No, no, no, not that, ma'am. Vice Chairman Gort: The Clerk distributed the memo. Commissioner Teele: Mr. Clerk, could I get a copy of that memo? See, I guess I'm a little bit out of -- because that was exactly the language that I talked to the City Attorney about issuing a memo, which, apparently, was never done. Mr. Vilarello: No, Commissioner. It was done. Commissioner Teele: Is that correct? Mr. Vilarello: If I could briefly. A special called meeting can be called by the Mayor, by the presiding officer, Commissioner Gort, or by three members of the City Commission. What happened was, Commissioner Winton asked for a meeting and he wanted to discuss the removal of the City Manager, generally. I'm paraphrasing. Commissioner Teele, I did prepare that memorandum, on your behalf, to discuss the Financial Oversight Board's correspondence and other transitional issues. And Commissioner Gort called the meeting for the Financial Oversight Board's correspondence and other transitional issues related to the administration. Commissioner Teele: And with all due respect, Mr. Attorney, I'm, therefore, at some point, of a quandary May 4, 2000 trying to understand why the first issue you're putting on the table is an injunction and the Attorneys, et cetera. That's where... Mr. Vilarello: I didn't put that on the table. Commissioner Teele: All that I'm saying is, I want to make sure that the five of us and the two of you all agree on what we're here for. Because what I don't want to do is participate in something that's going to go afield from where I want to be. Commissioner Sanchez: Exactly. Vice Chairman Gort: I understand, Commissioner Teele. It was not the Attorney. I'm the one that requested that. Because I'm not an Attorney. As it was explained to me, there are certain things that we can do and we cannot do and that's in accordance with the request that we had from some of you, that wanted to discuss certain issues and I think this injunction, from what I was told, could limit some of the things that we can do. That's why I want to hear. But I'll abide by the majority. I'm a very democratic individual. Whatever the board wishes to do, I will do. What is your first -- which item you want to deal with first, we'll do that. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: But I think -- I, personally, think we and the public needs to know what this injunction does to us. Commissioner Teele: Mr. Chairman, with wall due respect, it is not something that we can do as a majority here today. If you are saying -- a called meeting is set up by the Charter. It can only be -- you can only address the matters contained within the context of the call of the meeting. If your clarification for us now, which I will accept, is that you're calling this meeting, not only for this matter but on the injunction, I would accept that. But what I don't want is for the Manager or the Attorney or the Mayor or Teele or Regalado to start throwing up new issues now that we're not here on. Commissioner Sanchez: Well, let's clarify this. Vice Chairman Gort: I don't want any other new issues, but it's related and it's stated in here. "Any other matter related to the administration and the possible managerial transition." And I think that -- I believe that this order by the court deals with this. Commissioner Teele: I accept that, Mr. Chairman, if that's your intent. Commissioner Sanchez: So, Mr. Chairman... Vice Chairman Gort: I mean, this is what my interpretation. Commissioner Sanchez: Mr. Chairman, your intent is to discuss the Oversight Board and the injunction. Both issues. Vice Chairman Gort: Right. We have to because the injunction, according to my understanding, it gives us certain rules that we need to follow or we have to follow. Commissioner Sanchez: OK. 4 May 4, 2000 • Commissioner Teele: Mr. Chairman, respectfully, could we take up the matters of the Oversight Board matter first... Vice Chairman Gort: Like I stated before... Commissioner Teele: ...and take up the injunction second? Vice Chairman Gort: That's fine with me. What's the wish of this board? May 4, 2000 Commissioner Sanchez: The Oversight Board... Vice Chairman Gort: All right. Commissioner Sanchez: ...should be discussed first. Mr. Chairman? Vice Chairman Gott: Yes, sir. Commissioner Sanchez: As you know, the finances of the City of Miami are very important and, basically, the Oversight Board is very concerned over the financial conditions of the City as it pertains to the instability that will be caused whether, one, the City Manager is no longer with us or with us. So, having said that, the Oversight Board has made some concerns that what will happen and basically has stated that we need to put together a plan to assure that financial stability continues to exist in the City of Miami. Now, the Oversight Board has -- and it's my understanding from the Five -Year Plan that we presented at the Oversight Board -- that we have in place, right now, a financial recovery plan that was institutionalized by the Financial Oversight Board, which are the financial principles that are set in place and must be followed for five years. The other issue that I want to bring out is whether the positions that are vacant should be filled as quickly as possible, which I think they should. Because whatever happens, there's going to be gaps in the process, which are going to be open for a lot of questioning, not only by the Oversight Board but by the media and by our residents, which are very concerned with the financial situation. So, I think that it's paramount that we discuss this issue and see what we could do, as the legislative body, to put forth some type of plan to assure that whatever happens, now that this is involved with the legal -- now it has a spin of a legal aspect of it -- whatever happens, that we maintain a stable plan for financial recovery, which is prudent for the well-being of this City. So, I will yield to any of my colleagues and come back later on and elaborate on some other issues that also concern me. Vice Chairman Gort: Let me make a little statement, which I think is very important for us and for the press and the people sitting out here. We worked on our budget last year and there were marathon sessions that we had. Never in the City of Miami did we work so long on budgets like we did last year. We also worked very hard to adopt and to be accepted by the Oversight Board a Five -Year Plan. That Five -Year Plan is to tell us what we're going to do; what are we doing, and what we need to discuss is to make sure that we had the right individuals to conduct and to carry on with that Five -Year Plan. I think a good job has been done, that we have people in the right positions to continue that Five -Year Plan. These things that we're going through today, the City of Miami, Metro, School Board and everywhere that's going through problems just like this one. But what makes it important that we have the people working to make sure that that work continues to do. City Managers, Commissioners, Mayors, School Boards members go — they stay and they go. The professionals stay state -- and I have a lot of faith in our professionals. So, I want to make sure that people understand, we do have a plan. There is a Five -Year Plan, we might have some changes and some of the individuals that carry this plan, but that plan is what's going to go -- give us the -- dictate what are we going to be doing. Commissioner? Anyone else? Commissioner Regalado: Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Regalado: I think that when we received the first letter from the Oversight Board, we were shocked and then the second letter clarified their positions and we can understand the way that they feel. That's the way we feel. But the use of language is that it may serve as an impediment and may serve to undermine the recovery of the City indicates that the Oversight Board is making assumptions related to the May 4, 2000 City's financial health, based on personnel matters. And now we see the next letter, that they didn't mean what they -- we thought they said at the beginning. But it is important that, regardless of what they clarify, we start discussing -- for instance, the budget amendments are coming up for this Commission to approve or to reject and I think that that should be the focus of this meeting this morning. Vice Chairman Gort: Go ahead. Suggestions Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Go ahead. Commissioner Teele: Mr. Chairman, the Oversight Board's letter of April 28, addressed to Mayor Carollo and the City Commission, in one phrase, basically expresses concerns about the overall stability couched in terms of the management of the City and where we're going as a City, and I take that letter seriously and at face value. Let me remind you that the contract that the City of Miami entered into with the Governor, which predates at least three of us on this Commission, is a contract that is in force. That contract essentially is that the City Commission, on behalf of the City, contracted with the Governor that we would do certain things. A part of that contract affords the Governor and the Oversight Board the ability -- through the Oversight Board -- the ability to nullify any action of this Commission that does not meet, in its mind, the intent of what it is we set out to do, which is to have financial stability. They, in fact, acted to reject our budget on at least two separate occasions. In effect, they said, unilaterally, your budget does not meet your goals. You've got to do it. The contract also allows for them to impose certain things on us. The concern that I have -- and I've expressed this privately to the Commission -- publicly to the Commission when we were dealing with the issue of -- I guess it was the Fire Fee, in which they -- these four/one votes continued to go down -- that we have one thing that we, as a collegial body, have to be concerned about. Omission. There are things that can be alleged that you did, legally or illegally. That's one thing. There are things that can be alleged that you failed to do. The reason that I requested this meeting is that I think that this Commission has an affirmative duty to act consistent with the Oversight Board's concerns. Good morning, Mr. Mayor. [AT THIS POINT, MAYOR CAROLLO ENTERED THE COMMISSION CHAMBERS AT 10:38 AM] Commissioner Teele: In that regard, I wrote back to the Oversight Board, on my behalf, and hopefully on behalf of the Commission, a letter, which basically expressed very strong concerns about the details of that letter. And they talked about a personnel plan and a management plan, et cetera. They responded -- because I think that violates the intent of the Charter, clearly. They responded with a clarifying letter, which I'm extremely grateful, on May the 2nd, which I think should be the focus of our discussion and our inquiries to the Manager. And, Mr. Manager, I do intend to make certain inquiries in the context of this letter. First, the letter is signed by the Vice Chair of the Oversight Board, Ms. Brown, Sharon Brown, and it essentially points out, I think, five issues or six issues in this letter. And I would like to just summarize them. The first one is contained in the third paragraph and that is, "that the Oversight Board request that the City thoughtfully consider and propose a plan to fill vacancies at the level of senior city management." The second thing that they asked us to do is -- or they acknowledged is that the Mayor is the only person, under our Charter, who can select a City Manager. And I think -- as far as that goes, that is absolutely correct. I also think, implicit in that, is that only the Commission can approve a City Manager. And a part of a transition plan, in my judgment, respectfully, is that this Commission and the Mayor, since we can't do it out of the Sunshine and the Mayor should have some dialogue about how we're going do go about selecting a new City Manager and what this Commission's concerns are, individually, and, perhaps, collectively, if we can agree on anything. I can say, you know, on that issue, for one, that I really do believe that a national May 4, 2000 0 search or something is in line or in order. But the Mayor is free to do what he wants to do. But I think we have the obligation to give the Mayor advice. We can do that individually because the Mayor is not under Sunshine Law. So, we can do -- we can call the Mayor one on one. But I think, in terms of a public process, it would be very good for us to state on the record, today, what our concerns are about a new Manager and we don't have to. And if we can't agree on anything, we can just bypass that issue. The third thing -- but, again, I think the Oversight Board recognizes and I certainly defer that only the Mayor can select the Manager but I would add, "and only the Commission can approve a Manager," and I certainly am not going to be interested in having an ongoing discussion about the kinds of things that we've seen over the last two or three weeks. The third thing is that this letter requests that the City propose a plan -- and the word "plan" appears to be underlined -- to expeditiously and thoughtfully fill many of the vacant positions. And fourth, that they request that the city management plan a timely and effective budget for the year 2001 and 2002. And I want to remind you that the budget that we submitted last year was rejected by the Oversight Board. Fortunately, it was rejected in -- I guess in August or early September, so we had enough time to do that. The fifth thing that they've asked is that the -- well, they're asking in the negative that we not violate the Charter, which is sort of self-serving. And, finally, in this regard, they're asking that the -- the Oversight Board -- the second paragraph on the -- the first paragraph on the second page -- to clarify the Oversight Board's request that the Mayor, the members of the City Commission, and the City work together to ensure that a plan for stable and professional management. Nothing in this plan should serve to undermine the powers vested in the Mayor and the Manager by City Charter. And, essentially, Mr. Chairman, I think that we need to address this at this time. I would respectfully request, if there is anyone from the Oversight Board that is here - certainly, we don't intend to have a three-way discussion, but I do think it would be helpful if there was a record as to if there are any persons here from the Oversight Board or from the Governor's Office so that we can at least establish on the record. And if those persons, with your permission, Mr. Chairman, would be able to just come up and give their name and title for the record, I think it would serve to sort of clarify the record that this Commission does take the Oversight Board's directive seriously and we're certainly sitting here primarily for the purpose of addressing the Oversight Board's concerns. Andreina Dielingen: Andreina Dielingen 9805 Southwest 125 Avenue. Vice Chairman Gort: Speak into the mike. Ms. Dielingen: I work for Governor Jeb Bush, Administrative Assistant and staff member of the Oversight Board. Commissioner Teele: Would you just give your name just one more time, please. Ms. Dielingen: Andreina Dielingen. Address too? Ninety-eight zero five Southwest 125 Avenue. Commissioner Teele: And there's no one else from the Governor's Office or the Oversight Board or the lawyers. Mr. Wallace or --he's watching by -- OK. Mr. Chairman, the point that is appropriate, I would like to ask the Manager or at least engage in some form of discussion with the Manager about the matters that are raised in this letter. Vice Chairman Gort: OK. Mr. Manager? Mr. Donald Warshaw (City Manager): Yes, sir. Vice Chairman Gort: I think Commissioner Teele's ask you -- ask the question again, Commissioner Teele? 8 May 4, 2000 Commissioner Teele: Well, I was asking your permission to inquire of the Manager. Vice Chairman Gort: Yes, sir. Commissioner Teele: Thank you, Mr. Chairman. Mr. Manager, both in Mayor Carollo's statement that he made a part of the record, in his decisions to create a transition in the Office of the Manager and in the Oversight Board's letter, there is one reoccurring theme, which I endorsed and I'm in total agreement with the Mayor and the Oversight Board. Currently, there are three Assistant Manager positions. Two of those are clearly vacant. One of those is the Assistant Manager, I assume, for Finance. The letter said Finance and Budget. I hope that we don't have a Manager for Finance and Budget. I would hope that the Budget Office is reporting directly to the Mayor. But, in any event, the Assistant Manager for finance and fiscal responsibility, we've all established that we're going to give her a proclamation or something and we want her to -- first of all, have you tried to negotiate a package to keep her here? Mr. Warshaw: Yes, sir. Numerous times. Commissioner Teele: Any luck? Can we give you any assistance? Mr. Warshaw: Lack of success, but no. I think she's made up her mind. She's going to leave. Commissioner Teele: That job is vacant? Mr. Warshaw: It will be, yes, upon her departure. Commissioner Teele: The Budget Director was terminated -- when was the last permanent Budget Director terminated? Mr. Warshaw: Dipak Parekh was the last permanent Budget Director. Mr. Luie Brennan has been serving as an Interim Budget Director. Commissioner Teele: When did Mr. Dipak -- I don't think we ought to call names of people necessarily, but positions. When as the last permanent Budget Director. What was the date of that departure? Mr. Warshaw: It was the summer of last year, '99. Commissioner Teele: So that position has been vacant... Mr. Warshaw: Well, it's been vacant. But Luie Brennan has been serving as an interim, having been there for many, many years. Commissioner Teele: The Finance Director's untimely death -- and I think, you know, we can't say enough about what Julie Weatherholtz did, positively, for this city, and that lost will be permanently felt by the City. But her untimely departure occurred when, in... Mr. Warshaw: At the end of last year. Commissioner Teele: In November, December? Mr. Warshaw: Yes. 9 May 4, 2000 Commissioner Teele: Then we have the issue of other financial staff persons, that there are vacancies within them. Can we be assured and can you give us a timetable as to when there will be persons designated, if not permanently or acting? And, Mr. Mayor, I want to be very respectful to you that, as far as I know -- Mr. Attorney, and please correct me if I'm wrong -- any decision or action on personnel that the current Manager makes can be reversed by the stroke of a pen by a different Manager, with the exception of that of the Police Chief and the Fire Chief, under the Charter? Mr. Vilarello: Yes. Generally speaking, that's accurate. Commissioner Teele: So, what I want to assure the Mayor of is that any actions that the current Manager takes that are not to the liking of the new Manager can be reversed, so there can be no harm -- permanent harm done perhaps in filling any positions for the purpose of addressing the issue of financial stability. And I don't really -- I mean, there are vacancies in numerous other departments. I think we need to stay on the financial issue and any other department to the extent it undermines the stability of the City. I mean, obviously, if the Technology Office were vacant or the management information systems, etcetera. Mr. Attorney. Mr. Vilarello: I need to add, at the executive level. At the executive level, that's -- you made a correct statement. Commissioner Teele: What does that mean? Mr. Vilarello: Civil Service employees and appointments, of course, those cannot just be reversed by the stroke of a pen. But at the critical executive department head positions, your statement's correct. Vice Chairman Gort: They can go by Civil Service status. Commissioner Teele: Because it's really -- I mean, we need to talk about budgets. But the key to budgets are personnel. If they're not people there to implement and there's going to be transitions and voids, I think we will have -- we will not have addressed the concern of the Oversight Board. So, with Ms. Henry leaving, I think it would be extremely helpful to designate an Assistant Manager acting or permanent or -- I mean, permanent within the context of what the City Attorney has said -- so that we can begin an orderly transition process. Is that something that you find offensive or that you could work with, Mr. Manager, in terms of doing this? Mr. Warshaw: Not only do I not find it offensive, it's something that I would like to do and still intend to do. If you'd like, I'll take the two departments and give you a little bit of history of where we are right now? Commissioner Teele: Please, Mr. Manager. Mr. Warshaw: Finance Department, Julie Weatherholtz' hand -selected Assistant Director, Mr. Scott Simpson, who I know you all know, was brought here also from Winter Park. He's a CPA (Certified Public Accountant), extremely experienced, finance person; knows members of the Oversight Board; his days with Winter Park; has an extensive history with Gale Sittig from the Oversight Board. He has been serving in an acting capacity as the Finance Director, doing an outstanding job and, honestly, the Finance Department has not really skipped a beat. I know he has the one hundred percent total respect and cominitment of the Oversight Board and it would be my intention -- and I have spoken to him about it -- that he become the permanent Finance Director. Now, he and I have talked about that. In light of some of the things happening, he's -- I don't want to embarrass him. He's a young man. His wife is pregnant. I think that he has some personal issues and he's just waiting for some sign of stability, to use his words and my words with 10 May 4, 2000 him, but he certainly is more than capable of handling that job and he would be my recommendation, my selection. On the budget side, Luie Brennan has been filling and acting in that position. He's a long-standing employee of the City. So, it was very easy for him to step in from the Assistant Director's position to become an interim director. I conducted a national search for a Budget Director. We had two finalists. I've made a selection for the Budget Director position. There's only one small piece of the background investigation left and once that piece is finished, that person has expressed a willingness, interest to accept the position. At least the last time we spoke to him. So, the Budget Director's position is just about in place. As for Ms. Henry, she's not really -- she's not gone yet, until the middle of May, so I have not done anything to permanently fill that position until her departure. And if -- I'm sorry. We do have a nationwide recruitment for Bertha Henry's position and tomorrow is the deadline for applications. Now, that being said, that doesn't mean there might not be someone in the City who could fill that job on an interim basis or even on a permanent basis in the future. So, those three positions all have some activity. Two of them have activity that could culminate in a permanent appointment within the next several days or the next week. Commissioner Teele: Mr. Manager -- and I'll yield to any of my colleagues -- two things. One very, very serious. Do you find it -- would you find it -- would you be inclined to please designate an interim or an acting Assistant Manager for Finance, notwithstanding the fact that you have -- you see, there's got to be somebody that is dealing with the budget issues. You know, the very unfortunate discussion that you and I had about parking fees was literally a failure to communicate. A person had been discussed with. That person was gone, not there. And, you know, those discussions fall through the crack and that's always the problem. I think it's really critical -- you know, the British have a very nice way of doing this and every major position in British government, civil service, is something called a Director General. There's a Director General or permanent secretary. In that way, that's a person who can't be moved even by the Prime Minister or whatever, so everybody knows that that person's sort of senior bureaucrat. But one of the real problems with this kind of transition is when you're discussing issues -- and I've had at least three or four specific examples, where there's an agreement made by the Manager, through the certain persons that are speaking for the Manager, that person leaves and all of a sudden everything goes through. And I think it's critical that there be somebody designated as an Interim Assistant Manager for Finance that we can deal with. The other issue, which is a little bit lighter. Would you make sure that we get a -- what do you call those things in corporations? An agreement with Ms. Henry that she will not raid the City over the next year? What do you call those? A non -compete kind of agreement, that she will not hire any person from the City of Miami or take... Mr. Warshaw: I think I can... Vice Chairman Gort: My understanding is, although she'll be leaving on the 15th, she'll still be able to come and consult. At the last board meeting, my understanding, that's the statement that was made by her, that she was willing to continue. Commissioner Winton: Mr. Chairman? Vice Chairman Gort: I have a couple of questions. In each one of those positions, I know these have been advertised for quite a while now. My understanding is, we have received quite a few applications, so there are quite a few applications of individuals there. Mr. Warshaw: Absolutely. Vice Chairman Gort: So, part of the plan is, there is applications; there's individuals that have applied for these positions, and the question that needs to be asked -- and that's why I wanted to ask you guys -- hear 11 May 4, 2000 one issue first or the other issue. Because I think the second issue we've got to listen to or detennine how those positions are going to be filled. So, we do have plenty of applicants for each one of those positions? Mr. Warshaw: Yes. Vice Chairman Gort: Right now a list, because I know you had these out for quite a bit now. Mr. Warshaw: Yes. And I have a high level of confidence that the positions can be filled. Vice Chairman Gort: OK. The second question that I had and I'll yield to you right away, sir. 1 never get a chance to speak by being a chairperson, so I'll yield to you right away. One of the things that we requested -- and this is one thing that I always wanted since I was here. I wanted to make sure that when we hire individuals and we train individuals and we spend a lot of money on training our personnel, that if a director of a department has to depart, goes on vacation, the Assistant Director has the capacity to continue with that program. Because that's the only way that we can guarantee -- as Commissioners, Mayors and Managers go back and forth, the professionals stay and the job gets done and the residents of the City of Miami will continue to receive those services. And I understand that has been done. Mr. Warshaw: Yes, sir. Vice Chairman Gort: Commissioner Winton. Commissioner Winton: I would like to point out a reality of budgeting and then ask a question about responsibility and authority. Even if we get a new Budget Director, the fact of the matter is that a Budget Director cannot prepare a budget in a vacuum. So, the Budget Director has to work with every single department in the City to prepare an accurate and adequate budget. That's a fact. The question is, who has the responsibility to direct the Budget Director and the staff to prepare this budget? Mr. City Attorney, maybe you could answer that question. Mr. Vilarello: That's all under the direction of the City Manager, generally. Commissioner Winton: So, without a City Manager, even if we have a Budget Director, how do we prepare a budget? Mr. Vilarello: Every executive -- every department director of the City take his direction from the City Manager, his or her direction. Cominissioner Winton: So, that means that, from a procedural and practical standpoint, even if we hire these now department heads, it sounds to me like we still can't prepare a budget if we don't have a Manager? Mr. Vilarello: There are no circumstances under which you won't have a City Manager. Vice Chairman Gort: That's not my understanding. First of all... Commissioner Winton: That's not what I asked you, by the way. Not whether there's a circumstance. Can we prepare a budget -- can City staff prepare a budget without a City Manager? Mr. Vilarello: Obviously, the City Manager has staff that prepares the budget for him. The issue is whether or not they do it at his direction or not. They must take direction from the City Manager. 12 May 4, 2000 Vice Chairman Gort: My understanding, there's a procedure which begins -- and I don't have it in mind right now -- which each director, department director has his own budget; he reviews his budget from the previous year; he analyze it and puts it up-to-date and sends it forward to the Budget office, Budget Director's office. Then the Manager will get it. So, the City can function. Like you stated, there will always be a Manager. But, I mean, there's a process that we follow to do our budget. Mr. Vilarello: Certainly. Every department does that. It's just, ultimately, what gets presented to the City Commission is the budget that the City Manager's recommending to the City Commission. Vice Chairman Gort: Right. Commissioner Winton: Well -- but there's a huge difference here. There's a huge difference. There's a very big difference in terms of whether the staff -- and, by the way, I would beg to challenge anyone who thinks that without appropriate leadership at the top, that the staff, all on their own, makes decisions about how their department budgets are going to get done. Because in a budgeting process, in any big organization, there's never enough money. There's a tug and a pull and everybody wants more; everybody wants this new gizmo; everybody wants this new staff person, and it takes leadership at the top to sort through that tug and pull to get a quality budget that we, as Commissioners, can work from. And, so, without -- and I want to get back to this question again. If we don't have a City Manager, then can a budget -- who will provide the directive to the staff to prepare a budget that can be acceptable and presented to our Commission? Mr. Vilarello: If you're asking me a nuts and bolts question, the Budget Director does go through the operation of putting together a budget document. Ultimately, that budget document does not come to the City Commission until after the Manager has recommended it. Commissioner Winton: Right. Then, there really were two parts. One was the nuts and bolts part and the other is just a procedural part. Well, without a City Manager, can that budget come to the Commission? Mr. Vilarello: I know -- I've already answered that question, that there isn't a circumstance, under our City Charter, where you don't have a Manager. The Manager is the Chief Executive Officer of the City and there isn't a circumstance where there would not be a City Manager. Commissioner Winton: Well, if the City Manager -- now, there is an injunction and that is a piece of this whole thing that we haven't discussed yet. But the City Manager, I think, if there weren't that injunction, we would not have a City Manager effective, Mr. Mayor? Commissioner Sanchez: May the 7th. Commissioner Winton: Which is Sunday or... Mayor Carollo: Sunday, 5 p.m. Commissioner Winton: Sunday, 5 p.m. Mayor Carollo: You will have a City Manager Sunday, 5 p.m. and one second after. Commissioner Winton: Thank you. Commissioner Sanchez: Mr. Chairman, if I may? 13 May 4, 2000 0 Vice Chairman Gort: Mr. Sanchez. Commissioner Sanchez: I would like to inquire of the City Manager. I think the logical question here to ask is, where are we at in the preparation of the budget for 2001-2002? Where are we at, if you could address that? Mr. Warshaw: Yes, I can. And that's a good question. The entire senior staff of the City met some weeks back on a Saturday, all day, to go through a budget brain storming session. I think I send you all a copy of that kit. In light of what happened last year with the budget and in light of some of the issues that I know you have all expressed to me, individually and collectively, as to where we're going this year, I have directed a variety of initiatives to the staff of the City to come back with a couple of different scenarios that involved a three percent across the board -- well, let me get back from across the board. Three percent budget cuts, which, of course, could be somewhat painful for some of the departments. Ms. Henry, Mr. Brennan and other members of the budget staff had been working around the clock, on the weekends, with the directors, to come back so that we will be able to present to you an acceptable budget for the 2000-2001 fiscal year. That process is ongoing right now. So, we're, I would say, well, maybe two/thirds into that process now. Commissioner Sanchez: And that proposed or draft budget would come in front of us June the 8th? Mr. Warshaw: Yes. Commissioner Sanchez: And then it would go to the Oversight Board to be approved? Mr. Warshaw: Yes. Commissioner Sanchez: Now, addressing the issue pertaining to the letter that was sent to the Mayor by the Oversight Board, where it says that the positions that are vacant. Now, would you say that those positions being vacant, we would lack a cohesive financial -- we would lack a cohesive financial plan not having those positions filled? Mr. Warshaw: Coimnissioner, I'm going to try to answer that the best way I can. I can't speak for the author of the letter from the Oversight Board. Obviously, having key management positions staffed in a stable environment is important to the Oversight Board. It's important to me. It's important to the City. I don't -- I'm not sure -- again, I can't speak for what the Oversight Board says, but I certainly feel that regardless of what the circumstances are, City staff, professional City staff, needs to be in place to ensure that we move in the direction we want to. Now, as I think I told you, all of you, I'm doing my best to try to fill those positions and keep staff people here now to continue to do the City's work and I think we've had some success in doing that. These positions that are vacant. This is a transition that occurs everywhere. Bertha Henry, for example, had her work recognized by Broward County and someone made her an offer to be the Deputy County Manager and, you know, I'm proud of her, that her accomplishments here were recognized and someone chose to make her that offer. There is a process to fill that job. The closing date for that position ends this week. As for the other two positions. As I mentioned earlier, the Budget Director's position can be filled probably within the next few days, if that individual accepts, and I believe the Finance Director's position can be filled by Scott Simpson. Commissioner Sanchez: One other question made by Commissioner Teele, directed to the City Attorney, which is of great concern to me and should be to everyone up here is that, if you make these appointments and whatever the outcome may be, whether you stay or you go, that you would go, the next City Manager that comes in will probably dismiss these people. And we're just going to be back and forth where we are today, which is today and if we keep doing this, is a three-ring circus of hiring and firing people, which is -- 14 May 4, 2000 will create more divisiveness in this community than anything else. And we went through it the last time and I was here. Was the first vote that I took on this Commission, was to fire Garcia -Pedrosa, which we fired three times and it brought instability; it brought embarrassment, and it brought pain to this community. These actions today, whatever it may be -- and, of course, we basically touched on being two different issues. One being the injunction that relates to whatever actions are taken. But, you know, we are almost to a point we're not going to be able to make a decision on it and whatever the outcome is of the next issue, which we're going to discuss, which is the injunction, to appoint people to positions that may not be here for long, is just going to be very, very embarrassing. Mr. Warshaw: The only way I can respond to that is, I find it hard to believe that any professional Manager who comes in -- and there have been many Managers here -- would not find it a gift some of the people who they're going to inherit when they get here. For example, let's start with Scott Simpson, who's the Acting Finance Director. It would be hard for me to believe that a new Manager would not want to retain someone, you know, as committed and dedicated as Scott Simpson. The individual who's in line to be offered a job for the Budget Director is someone who came from a national search, who has extensive background, eight or nine years as a Budget Director in major county — I mean, this country and it would be a terrific thing for us to get that individual. So, I have confidence in the process that someone who comes after me, whenever that is, will be blessed to have some of these people and need those people to take the City to the next level, considering we are well into the next budget year's process. Vice Chairman Gort: I'd like to remind our colleagues... Commissioner Teele: May I just follow up on that? Has that person -- since we're not going to talk names -- has that person been introduced to any member of the Commission and the -- the Mayor and any member of the Commission? Mr. Warshaw: Not that particular person. There were two final candidates. One of the candidates, I believe, did meet the Mayor but not the other one. Vice Chairman Gort: Commissioner, I think -- I'd like to remind you one more time. It is very important that we get to confirm the individual and... Commissioner Teele: Which individual? Vice Chairman Gort: ...speaking for myself -- whatever the new Manager going to be appointed. Speaking for myself, I'm going to request of this individual that we would like to see this City continued and whoever this individual is, if it happens, doesn't happen, that they make sure that the people that are function, they stay within our function. I mean... Commissioner Teele: The people what? Vice Chairman Gort: The directors that are working and they are functioning correctly should stay there. I mean, this is the questions -- whoever that person is, it's got to be confirmed by us. In our confirmation, we can ask a lot of questions and we can request a lot of the things. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: I'm encouraged that you would say that. My frustration, as it relates to Mr. 15 May 4, 2000 Garcia -Pedrosa, as it relates to Mr. Warshaw, is that I think we have given up; we've given away; we've ceded one of the two most important duties that we have, every time that it has occurred, and that is the name gets introduced and everybody commits and by the time you get there, it turns into a coronation, who the new Manager is. And you'll recall, everybody was upset with me when Mr. Garcia -Pedrosa and I said, "No, we're going to -- I'm going to take my time and" -- the Chairman wanted to shut me up. I said, "Wait a minute. We need to know what his records -- his qualifications are. We need to know what his issues are." I had asked him about his bad relationships with -- his purportedly poor relationships with the Miami Beach Police Department and all that. Everybody said, "Well, you know, that -- you shouldn't bring" -- look, we need to stop this notion that everybody goes into a smoke filled room one by one and, you know, joins hands with the Mayor and the new Manager and just basically makes this a coronation. And I think we need to say, very clearly, we've got two important responsibilities: Preparing or approving a budget each year and confirming an oversight over the Manager and the management. I mean, that's -- those are our two basic responsibilities. We'll spend more time over whether or not the barbecue came from People's Barbeque or Tony Romas, as a case in point, because I've led those discussions and I'm really pleased to note that the last barbeque did come from People's Barbecue..." Mr. Warshaw: It was good, too. Commissioner Teele: ...which is in the City. Tony Romas is not in the city. I buy from Tony Romas from time to time. But we'll spend an hour on that discussion. And we get to the Manager and it's an eight -minute discussion. So, we've got to also be a part of growing this City up and being responsible and acting responsible. And I want to join in with you, Mr. Chairman, in saying that I think we need to, as a part of this -- after we finish this phase, we need to have a discussion with the Mayor. Because I can tell you this: If the person does not have a strong, financial background, I am going to be hard-pressed in approving, on an interim basis, any Manager that doesn't come in here with -- and not somebody who -- I mean, you know, engineers are fine; lawyers are fine; architects are fine... Vice Chairman Gort: I don't know about lawyers. Commissioner Teele: I mean, you know, those are wonderful disciplines. Public Works. I mean, you know, engineering, road work. Those are important disciplines. But what this City needs right now is, we need to send a very clear message to the Governor, the Oversight Board, Wall Street and, quite frankly, the community that we're going to turn down the volume; we're going to begin to act responsibly; we're going to return or eat all of the bananas; we're going to either return them or eat the bananas, and that this City is going to begin to function like a modern-day city that really is the leading city in this Americas. And I think what happens in Miami, in large measure, happens in Managua; it happens in Port An Prince; it is replicated all over this hemisphere. We are one of the most important cities in the free world because of our geography and because of our demographic population. And I think we need to send the right kind of signals. So, in that context, Mr. Manager, I think that it is very, very important that, in the Finance Department -- by the way, who -- would you allow the person just to, at least, introduce themselves, who's the finance -- the Acting Finance Director, so that there is a little bit of an understanding? Mr. Warshaw: He's in the back. He'll come out. Commissioner Teele: As it relates to the budget person, was that person interviewed by our Mayor or had the opportunity to be -- I know... Mayor Carollo: No. Mr. Warshaw: Commissioner, respectfully... 16 May 4, 2000 Commissioner Teele: Is it a man or a woman? Mr. Warshaw: It's a man. And the person was interviewed by myself, by Ms. Henry and, prior to that, by a committee that brought those finalists forward to me. The Mayor met one of the candidates. Mayor Carollo: What did he say? Vice Chairman Gort: That you met one of the candidates. Commissioner Teele: Has anyone confirmed that this person that you're recommending -- or that you would be appointing, excuse me, is still interested in coming to Miami? And what city or what part of the country are they from now? Mr. Warshaw: From Florida. Commissioner Teele: North Florida? Well, it's got to be north of here. Mr. Warshaw: West coast of Florida. Commissioner Teele: Is the Finance, Mr... Mr. Warshaw: Scott Simpson, who I know you've met several times before. Commissioner Teele: I'm more concerned about his very close working relationship with Ms. Henry and they have worked very well together and I just want to make sure he's not overly under the influence of Ms. Henry at this point in time. As she gets ready to assemble her team as the... Mr. Warshaw: You mean the movement? Commissioner Teele: ...Assistant Manager -- it is the Assistant Manager of Broward County, which is a tremendous promotion? Mr. Warshaw: Give us -- that you promise that you won't take him with you, is what... Ms. Bertha Henry: Bertha Henry, Assistant City Manager. I am not in the business of raiding the City of Miami, Commissioners. Commissioner Winton: Except when you need good help. Vice Chairman Gort: We've been training a lot of people here that working in Miami Beach, they're working in other places. We train them here because this is... Commissioner Teele: You'll be the first one that's come and left and didn't do it. Vice Chairman Gort: This is the place to get your training. After you work here, you can work anywhere, so... Mr. Vilarello: Mr. Chairman, that wasn't a promise. That wasn't a promise. 17 May 4, 2000 Commissioner Teele: Scott, I'm just happy that you're --the Manager apparently is going to designate you -- apparently, that's what we're hearing and I'd like to just for you to know that I am delighted to work with you and I hope that you're delighted to be here in our city and you find this just a wonderful place to work and be. How long have you been here now? Mr. Scott Simpson: Approximately, 18 months. Commissioner Teele: And you were recruited by... Mr. Simpson: I came down with Julie. I was her assistant in Winter Park for approximately three years. Commissioner Winton: Uh-oh. Commissioner Teele: But you were -- you came down from... Vice Chairman Gort: Give us your name -- excuse me, Commissioner Teele. give us your name and your title now. Mr. Simpson: Oh. Scott Simpson, Interim Finance Director. Vice Chairman Gort: Go ahead, Commissioner Teele. Commissioner Teele: Well, I just want to state for the record, Mr. Manager, Scott has been extremely professional; he is very thoughtful; he sat through a very difficult meeting that I had with the External Auditors, at least two, in which it was a very.colorful meeting and Scott was the voice of reason in the meeting and I think he's a true professional and I commend you on the selection of Scott and I would certainly hope that Scott would not want to go back to Winner Park. Was it Winter Park or Winter Haven? Mr. Simpson: Winner Park. Commissioner Teele: Winter Park, Florida. And, certainly, you don't want to be up in Broward County. I can tell you that now. Mr. Simpson: No. I made some personal decisions with Julie's illness. I spoke with the Manager and Bertha in detail about my career, what I wanted to do. Also, with my wife and we decided that staying with Miami right now is in the best interest of myself and the City of Miami. We're also deciding whether we're going to move south. Currently, we live in Broward because it's more convenient for my wife's job and we're pondering moving south. Commissioner Winton: We have some great housing in the City of Miami, so we'll welcome you. Commissioner Teele: I've said a hundred times, I think the City ought to keep up with an incentive program for people to live in the city and I still believe that, Scott, that we really should come up with an incentive program. I've said whatever it takes, you know, to encourage people -- employees to live in the city. The Federal Government has it for police officers. I think they're expanding that now to teachers, Federal program, and we should develop a local program of trying to lure people in. I still say, if you take a survey of the department heads that live in the City of Miami, which I'm still waiting for, I think you would be very, very, unpleasantly surprised that a very small percentage of the City department heads live in the City of Miami. But that's not the point. And I'm just delighted that you're going to be with us for a while. 18 May 4, 2000 Vice Chairman Gort: Commissioner Regalado. Commissioner Regalado: I want to join Chairman Gort and Commissioner Teele in their words regarding the new City Manager. I am concerned and troubled by some comments that had been made either by Media or either -- I think. I have not heard exactly -- by the Mayor, regarding the new City Manager and the Chief of Police. I think that we all welcome the new Chief of Police and all the communities are happy with the new Chief. And I've been told or I have heard that, "Well, this is just a transition; that the new Manager will appoint." I think that it's important that, not only the Chief of Police but the Fire, all different departments have a chance to contribute to the stability and that would be on my side, the commitment that I will be looking from the new Manager. The Mayor just said that we will have a Manager on a certain date at one second after. We don't know who that person is or if he already has decided. But I think that, you know; the Commission should have some information so we can make a judgment. Because what happened here when Suarez' administration, that we had to approve several Managers retroactive. It was something that it didn't look good and it wasn't right. So, I just was -- would hope that the Commission and the people will be informed of the selection. Chair. Vice Chairman Gort: OK. You all have stressed your opinions and, Mr. Mayor, would you like to address... Mayor Carollo: Thank you, Commissioner Gort. To my colleague, Commissioner Teele. I'm sorry, Art. Briefly, before I get into the budgeting and financial areas, that I'd like to -- when you mentioned either eating or giving back the bananas, let me talk to you about bananas. What city in America would a professional administrator let individuals come with a sign that must cost three hundred or more dollars, that took several days already to had been painted and done, a big canvas sign, to be placed in front of City Hall, to have a hand full of people come and throw bananas and make the big scene and charade for the cameras, and to have some of the palace guards, police officers in uniform, loyal to him, to be out there making sure that that sign was not going to come down and for those individuals to feel protected and know that they had protection and sanctuary to do what they were doing to this city? And that's, in fact, what happened with the bananas and that sign. That was orchestrated; those people were receiving protection from this Manager, so that they could do what they did to, not just me, all of us in the whole City of Miami. Because you know, Commissioner, you've never seen me talk this way before. But that was an extreme racist act. In Miami we do not grow bananas commercially. We don't export bananas. We only import bananas. And those that want to use that little game of the bananas, everyone that's here, every resident of this community knows exactly what they're trying to say about bananas. And, you know, today it's Cuban Americans. Tomorrow it's African Americans and the next day, it could be another group. And this is the kind of divisiveness that this conununity cannot accept. I don't care if I'm attacked. We shouldn't care if any of us are attacked on other issues. But when people are trying to inject ethnicity, race or religion to attack individual members of a governmental body or to attack a city, when those issues should not be involved at all, that is wrong. And what happened there, that this former Manager let happen, is all the more reasons and proof of why I made the decisions that I have made. Now, having taken care of the bananas, Commissioner -- and I hope I've addressed that plainly -- the major concern about finances and budgeting and not having a City Manager and all of that, Mr. Warshaw, can you refresh the minds of the members of this Commission as to your background, your educational background on finances or budgeting? Can you tell and refresh this Commission as to your degrees and what area were they in and what year did you get them? Commissioner Winton: Excuse me. Mr. Chairman? I'm struggling to understand what grilling the Manager over his degrees has to do... Mayor Carollo: Mr. Commissioner? 19 May 4, 2000 Vice Chairman Gort: Commissioner Winton? Commissioner Winton: ...with our trying to figure out what we're going to do about a new Manager and running this City. (applause) Mayor Carollo: No. No, no, no, no. Vice Chairman Gort: Excuse me. Hold it, hold it, hold it, hold it, hold it. Mayor Carollo: Mr. Commissioner? Vice Chairman Gort: Commissioner Winton... Mayor Carollo: This is not grilling, Mr. Commissioner. Vice Chairman Gort: Excuse me, Mayor. Excuse me, Mr. Mayor. Mayor Carollo: If you're embarrassed at the answer that you're going to get, that's one thing. Vice Chairman Gort: Excuse me, Mr. Mayor. Mayor Carollo: But this Mayor Vice Chairman Gort: Excuse me. Mr. Mayor, excuse me a minute. Commissioner Winton, we all have the right to questions and not to be interrupted. Later on, you'll get a right to rebuttal, if you want to, if you have to. Unfortunately, that's the way it goes. Commissioner Winton: Are we -- how long is this Commission meeting? Are we going to run through lunch? Vice Chairman Gort: Well, Commissioner, I have to tell you: I have a doctor's appointment at 1 o'clock, so this going to be at least, for this gentlemen, has got to be out of here before 1 o'clock. Commissioner Winton: So do I. Vice Chairman Gort: Because I have to be out of here by 12:30, OK? Thank you. Commissioner Winton: So, what we have to be... Vice Chairman Gort: So, let's let him finish and... Commissioner Winton: Right. But, as Chairman, you have to make sure that we have the time to get to the issues that we really need to discuss. Vice Chairman Gort: We will. Mayor Carollo: And this is what you call freedom of expression! This is the rule of law you want to apply here, Commissioner Winton? Commissioner Winton: I want to get the agenda done. 20 May 4, 2000 Mayor Carollo: Well, I want to get the agenda done, too, and I want to address the issue of finances and budgeting of this City the way we do things in America. Now, if I could have a simple question answered. Mr. Warshaw: And I'd like to answer that. Respectfully, Mr. Mayor, when you offered me the job of City Manager, I believe I gave you a copy of my resume. It was well chronicled in the media. I was asked by this Commission about my background and everybody knows I went to FIU (Florida International University); graduated from FIU, 1974/75. My degree is in criminal justice. (applause) Mayor Carollo: OK. Thank you. Vice Chairman Gort: Excuse me, people. We need to make decisions in here. Mayor Carollo: If I could then go on to the... Vice Chairman Gort: I appreciate it... Mayor Carollo: ...next area because this is an area that's very important to address that I think Commissioner Teele, rightly so, was asking questions on. The Manager, as you all heard -- and he refreshed our memories -- has his degree from 74/75 on Criminal Justice, not in financing, not in budgeting. One of the main requirements that I spoke to him about, knowing that he had no background in finances or budgeting, was that he had to get very capable people to head all the key departments in financing and budgeting because he did not have the experience to handle that himself. He did not have the experience that an Ed Marquez, the Manager that I brought in, the Manager that I wanted to bring back, when I came -- for the Manager that I was told that I could not bring back by some here and this City decided to pay him a quarter of a million dollars ($250,000) so that his last two years would be paid off and he would not to come back. And Mr. Warshaw was indeed very correct when he was quoted in the Washington Post on Saturday, when he said that "I was never the Mayor's Manager." He's correct. I was -- to use his words -- "boxed in" to present him as Manager. That's what Commissioners wanted and that's why he became Manager. Now, let me go into the areas that are critical for a new Manager and some of the problems that we've been having in unfilled positions. As I pointed out, Mr. Warshaw did not have a background in budgeting and finance. For the most part, if you look at the history of this City and other cities, that is not one of the critical areas, necessarily, that are required of a manager. A manager is supposed to be just that, a good administrator that is going to be able to bring the good people that have the knowledge in each specific areas to come in and do their jobs. A manager cannot be expected, like we did not -- I did not expect this Manager, at the time, to have the expertise in every area. It is very difficult, impossible to get that on any human being. However, I did expect that, if he fired a Budget Director for reasons that we all know here -- he did not get along with him from way back. If he fire a Budget Director and then, after he fired him, indeed went out trying to smear a professional Budget Director, one that was kept on by Merrett Stierheim when he came; one that was kept on by Ed Marquez when he was Manager for a year. I expected that position to have been filled in quickly. It has been almost one year and that position has not been filled. And, frankly, we all know this. This is not trying to belittle anyone's experience but the Interim Budget Director that he has can't come even close to the knowledge, the experience that the former Budget Director that he fired had. At the same time, the Director of Finance, in a position that has been empty for approximately six months, that's the position that, when the Manager discussed it with me, told me specifically that it was a position that he was going to be looking for someone else to bring in because he did not feel that the number two person had the sufficient experience, sufficient maturity to hold that position. I am not saying that. I'm just relating that this is what Mr. Warshaw stated to me, why this position had not been filled before. The openings that we have in Assistant City Managers, losing the most seasoned, experienced ones, I think that doesn't require any additional statements from me. But all of this had happened before we got to this point in time and I didn't 21 May 4, 2000 hear a word from the Oversight Board; I didn't hear a word from some of the other sectors of showing concerns then of how we were going to fill those positions. Now, this Mayor has had to take on more challenges and, particularly, the area of budgeting/financing for this city, besides many other areas. This Mayor has taken on more challenges than any Mayor in this City's history; any Mayor in this County's history, and I dare to say any Mayor in this State's history. From the day that I basically was elected Mayor for the first time, the challenges that I have had to face, no Mayor ever has had to face and no one has been able to say that I have not been able to lead this City in the right way; no one has been able to say that I have not brought forth concrete solutions, answers for our budget, for our finances, that I have every turn have brought the right people to help this City get out of the mess that we were in. Beginning with when the Manager at that time had been indicted, along with others, and nobody wanted to face the music. I knew the buck stopped with me, like it does today, and this Mayor made sure that we would have immediately a professional City Manager to get us through those couple of months in a loan basis, and that was Merrett Stierheim. Together with him, I went out and started bringing in the best team possible of budget/financial experts that were borrowed from scores of governmental bodies across this town and the state -- people from the private sector -- where we put a solid, solid plan, and then I named the Mayor's Blue Ribbon Committee that came with very solid initiatives. Before Mr. Stierheim's temporary time was over and he had to go back to his previous job that he was on loan for -- and, by the way, I think we all know that Mr. Stierheim is the County Manager today -- I went and made sure that we would have a national search for a City Manager. All in that short time. And we had a true national search for a City Manager and the person that was selected by the Commission out of, I believe, three finalists that we had was Edward Marquez, the former Finance Director of Miami -Dade County. In fact, it was Mr. Marquez that, working with me and the Commission at the time, brought this City the stability, brought this City out of the financial mess that it had, and finished the first year, the first year since we discovered a 25 percent deficit in our budget, which, by the way, that was also the work of this Mayor to make sure that we brought in the right professionals to find out just what was the status of our budget. If I hadn't done that, it would have exploded down the road and maybe would have been too late. But Mr. Marquez finished the first year that we had, when we found out the financial crisis that we had with a surplus for this City. Now, all during that time we were facing challenges; people were trying to do away with the City of Miami and, as Mr. Teele rightly said months ago, last year some time in a Commission meeting -- it is there -- and he was right. If this Mayor hadn't been around at that time, maybe we would not have had a city because I was the one that went right up front, like a Mayor should, and led the fight for this City's survival. When I came back, after the four months that we went through the voter fraud trials, 1, again, brought experts; I formed a Mayor's Budget Committee to guide the administration, to help the Commission in helping us move forward in approving another budget. This, all of this, this Mayor has done. At the same time, if we look at all the initiatives that have been the ones that have helped us lower taxes and lower taxes -- property taxes to the lowest level in the last couple of decades, the main initiatives that have brought the bulk of the monies have come from this Mayor, the initiatives for the surcharge tax and parking, the initiative from Off -Street Parking, and the other initiatives that have come -- that have brought other different revenues have come from individual members of this Commission, working together with the Mayor, it has come from the elected officials. What has come from the administration has been very, very little and all of you know that. All of you know that. So, all this talk about the elected officials of this City can't run the City of Miami, that the only way that we can be saved is if we leave the status quo. Ladies and gentlemen, ladies and gentlemen, this is so insulting that words cannot describe what I feel about it. Because it's been four years of hard work. Four years that I haven't been able to see my daughters, my kids grow up in the way a normal father would. It's been four years that my wife, my mother, my family, myself, have been sacrificing what no Mayor, in the history of this City, has ever had to sacrifice to make sure that this City was staying afloat. And I'm not going to let anyone keep lying, keep trying to throw the smoke screen that the only way that Miami can save itself is if they stayed here. That is not so. This City is going to have a very proud, proud future. Miami is going to be, in this coming Millennium, what New York City was to America in the past century. Miami is going to be the capital of cormnerce for this hemisphere and it's going to be one of the key international trading centers for 22 May 4, 2000 our world. The future that Miami has no one can get in its way and, certainly, no one can tell us that, unless they stay, it's the only way that Miami will survive; otherwise, we would go back to become the Everglades again. So, saying that, Commissioners, I hope that I have addressed the areas of financing and budgeting. I've never let this City down. I've made sure that we've move forward. I've made sure that we would have done the right things at every turn. And you could be sure that I will keep doing that. Vice Chairman Gort: Commissioner Sanchez. Commissioner Sanchez: I think we should focus on the agenda. Get back to the Oversight Board issue, OK? Vice Chairman Gort: I think we already discussed that. I think there are certain things that need to be done. What we need to -- and that's why I wanted to hear first from the -- yes, I'll let you in a minute, sir. That's why I wanted to hear first from the injunction because that would determine what's going to happen here. Mr. Manager. Mr. Warshaw: Respectfully, Mr. Mayor, Commissioners, just one part of the Mayor's comments I'd like to address. You know, I've had a working relationship, a very intense working relationship, I might add, with the Oversight Board in the two years I've been here. I speak and meet regularly with, not only members of the Oversight Board, Mr. Beatty, who's no longer there, but certainly with PFM, who's the financial management firm that the Oversight Board hired, and city staff has literally immersed with these people on an almost ongoing basis. Now, Mr. Brennan -- and I feel compelled to -- I'm sorry, I have to respond to this. Luie Brennan has been with the City of Miami for 18 years. He's got some health problems. He's got a master's degree in Public Management from St. Thomas; he's got a bachelor's degree from the city University of New York in Accounting; he has the respect, the admiration, the integrity that goes with it of every member of this community, the Oversight Board, and the fact that he has the name or the word "intern" in front of his name is absolutely no way a reflection of anything other than because of some of his health and the stress of this job, he didn't become permanent. But, Commissioners and Mr. Mayor, he is as permanent a Budget Director you can have and, admittedly, he might not be the overbearing personality because he's somewhat of a level-headed, somewhat of a monotone speaking person, but Luie Brennan is a man I worked with when I was the Police Chief and I want to tell you and not make it personal, anybody who would ever insult this man's integrity and character -- he's been a dedicated servant of the City and, again, he and Bertha and Scott Simpson are people who, again, all have the admiration and respect of the entire financial community. And while the Mayor is correct, that the Commission and the Mayor direct the administration, legislatively, to do a lot, these are the people, these are the people who work with the Oversight Board and these are the people who have taken the City where it is and they've done one terrific job. And my hat's off to all of them. I think Mr. Brennan would like to say something. (applause) Vice Chairman Gort: OK. Thank you. Hold it, hold it, hold it, hold it. We have decisions to make in here. Now, my understanding is... Mr. Luie Brennan: Mr. Chairman, would I be allowed a minute or so? Vice Chairman Gort: Yes. I'm sorry. Go ahead, Mr. Luis. Yes. Mr. Brennan: Can I be allowed two minutes? Vice Chairman Gort: Yes. Go ahead, sir. Mr. Brennan: I would like to say that I will not resort to anything, but I would like to tell the Mayor that it's 23 May 4, 2000 a very low blow to my integrity... Mayor Carollo: Sir, what did I say about you that, all of a sudden, your integrity has been challenged? Did I say that Mr. Dipak Parekh, the former Budget Director that was fired in a wrongful way, that he was head and shoulders above you? Mr. Brennan: I will not resort to... Mayor Carollo: I am not challenging your integrity, your qualifications or anything other. That is my opinion and, frankly, the opinion that members of this Commission have expressed to me, personally. Now, let me say something more. Every top, senior executive in the City knows that, if there's ever been a Mayor that has never taken any retaliation against anyone, has been me. Every single, top director here knows that. And you know why? And I'll say this to many of you that are looking at me here. Some of you that have come to me before and now, scared of this man over here, telling me the stuff that was going on, some of you that even during the worst times that we've been having, have come to me saying, "Mayor, we've been called in by the Manager. Mayor, he was threatening us. Mayor, he was saying that the only reason that we had our jobs was because he was Manager, because you wanted us to be fired and we know that's not true, Mayor." When I have department directors, top executives, that are telling me that they have been given orders that they cannot speak to me; that if I would speak to any of them to inquire about anything having to do with City government, that they've got to go running to the Manager. This is what's going on here and this charade of trying to use a handful of people because he's promising them that they're going to get higher positions; that he's promising them whatever, this is not the true feelings of all the top executives and directors of this City government. Vice Chairman Gort: OK, Mr. Mayor. Mr. Brennan: Can I be allowed to say something else, sir? Vice Chairman Gort: Yes, sir. Mr. Brennan: OK. I would like to say that I've been working with the City. I am not going to go through my qualifications again because the Manager has mentioned it. But I've worked with the City for 18 years. I've been the Pay Master for the City of Miami. I have been promoted in the Finance Department and I've also been promoted to Budget Department. I have worked in almost 12 years in the Budget Department. I've worked through the financial crisis with all the City Managers, all the Oversight Board members that have left. I have worked 36 hours sometimes in one day, without sleep. I've worked night and day with officials to produce many City of Miami budgets and I have worked along with directors to produce these budgets. And I did not sit down with my hands in my pocket. I worked to the detriment of my health. Sacrificing my time, sacrificing time that I should have spent with my family, I did for the City. And I want to tell you that I enjoyed all these years that I did for the City and it's very humiliating at this moment to hear that all that I have done, I am not capable. Thank you very much. Vice Chairman Gort: OK, Mr. Brennan. Thank you. (applause) Hold it. Hold it. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Commissioner Teele. Commissioner Teele: Mr. Chairman, I think it's unfortunate, as -- we need to stay away from names. I certainly agree that Mr. Brennan has had an outstanding service. I don't think the Mayor did not say that he 24 May 4, 2000 didn't. I think, unfortunately, he was comparing two individuals and we all know everyone is different and, most of all, our impressions of individuals are different. And I think we all have every right -- and it's unfortunate, Mr. Brennan, in my opinion, that you feel the need to defend yourself, but we all appreciate it. Mr. Chairman, with all due respect, I think the hour is fleeing and we all agree that we have about 45 -- 30 minutes now left. So, what we -- what I would like to do, if I could, is at least make the -- finish the resolution or this phase of this so that we could move into that. My letter to the Oversight Board indicated again -- and again, I think the Mayor's concerns should be taken deference to and noted. The vacancies, in fact, do exist. I have said privately to the Manager, as I will say publicly now -- before I do, I want to apologize to the public and to Raul Martinez. Apparently, the press took note of the fact that I was not here for your swearing in. It was no slight to you. You know how I feel about you, personally. I was out of town. And, so, don't take offense now with what I'm about to say. But I really do think that if the Manager would spend as much time trying to get the Budget Director and the Assistant Finance -- Manager for finance and the Finance Directors in place, as we clearly have shown that the Manager has spent in getting a Police Chief -- because I think that has certain effects that give me a real concern. Because we all know that there are two department heads that cannot be reviewed or replaced by the stroke of the pen. That's the Fire Chief and the Police Chief. And I would like to think that this Manager would do nothing to try to have a chilling effect upon an orderly transition of government. And I think hiring a Police Chief -- and, Mr. Mayor, I think you should hear -- Mr. Mayor, if you could. I'm going to say this because I don't want this to be misinterpreted. I think hiring a Police Chief at this point in time raises a lot of questions and it could, in fact, be misinterpreted by the Mayor, reasonably misinterpreted by the Mayor, as to what's really going on here. On the other hand, I think the hiring of anybody, other than a Police Chief and a Fire Chief, is necessary for the orderly transition of this City because, under the Charter, anyone other than the Police Chief and the Fire Chief can be replaced by the new Manager. And, Mr. Manager, I would just like to ask, respectfully, can we expect that, within the next few days, with the same diligence that you selected the Police Chief, can we hope that you would designate the persons -- the three positions that we have outlined today pursuant to the Oversight Board's request and would you advise us, in writing, the Mayor and the Commission in writing, as to who these persons are and a resume of those persons? And I would -- I think that's necessary to put us on solid ground, quite frankly. The plan that is needed is, we need the naming of a Budget Director, whether it be interim or not. It's my understanding -- and I don't know this to be true -- that Mr. Brennan has expressed, for health reasons and other reasons, an interest in perhaps retiring or doing something. And I think we need to clarify that issue. And I would hope, for one, that if Mr. Brennan wants to stay and you want him to stay, that he would stay. And I think the same thing is true of the Finance Director and the same thing is true of the Assistant Manager for operations and finance. Could I just ask, publicly, that we could get your assurance that, with the same level of dispatch that the Police Chief was named -- that was within 72 hours or 24 hours that the last one that resigned -- that you will name someone for those positions that are of your choice? Mr. Warshaw: Yes, sir. I will and I will notify you within that time period. Yes, sir. Commissioner Teele: Mr. Chairman, in my letter, I also requested that, to work through the Mayor's concerns, which I share in terms of the budget -- and I don't think we have had any discussion of the budget. I want to know, for example, what millage rate are we looking? Are we looking at the roll back rate or what? We need to have and we should have an ordinance, quite frankly, that gives timelines that the Commission gives instructions to the Manager in the preparation of a budget. Quite frankly, we have not done what we should be doing. I mean, we need to express a concern to the Manager, are we looking for a roll back rate, that is, the rate in which we don't raise taxes or are we looking to maintain the same rate? And I would hope that we could have that discussion at the May 25th meeting, when we have the budget amendment up. But out of deference to the Mayor's Office, would you object, Mr. Manager, as contained in my letter to the Oversight Board, that a budget liaison, that is a person be afforded to the Mayor's staff as a senior budget liaison or budget advisor to the Mayor and Commission, that would work out of the Mayor's 25 May 4, 2000 Office and the appropriations are funding be identified to support that position through the end of this year? Would that -- would you object to that, recognizing that we can authorize the Mayor's staff or the Commission's staff or the Attorney's staff or the Clerk's staff to have anything that three of us agree on? Mr. Warshaw: I would not object. Commissioner Teele: Well, Mr. Attorney, consistent with that -- at time right time, Mr. Chairman, I would like to move that the Mayor's Office budget -- that the Mayor's Office be modified to include, through the end of this fiscal year, a Budget Advisor to the Mayor and Commission for the purpose of cooperating and facilitating a dialogue with the Oversight Board, with the management, and with the Commission for the purpose of completing the orderly transition plan and all of the elements, including the budget contained therein, and I would assume that funds would be a part of a budget reconciliation in two weeks, that would move the necessary funds from the Office of Sister Cities to the Office of the Mayor. Mr. Mayor, is that something that you would support? Mayor Carollo: Absolutely so. Absolutely so, Commissioner Teele. And I appreciate very much your leadership on this issue. I think this would be very critical at this point in time to have such a person assigned to my office that would work jointly with the City Commission in being able to move this city forward in a way that I will tell you, Commissioners, we could move this City forward in a way, at a speed, at a pace, unlike anything we've seen before. All the top projects that I have been talking about, gave the ideas for, everything is at a standstill. I came back in March of '98 and we haven't gotten one RFP (Request for Proposal) out, one RFQ (Request for Qualification) on a single project. These are dollars that this City needs badly and, at the same time, projects that we need to put forward so that our residents can have wonderful, additional places to go and enjoy Miami's beauty. So, I thank you very much for that resolution that you're presenting. Commissioner Teele: Well, if the Chair would allow... Vice Chairman Gort: Mr. Mayor and Commission, I have to tell you this: I have to leave here at 11:30. I have a very important appointment that I can't miss. Commissioner Teele: I thought you said 12:30. Vice Chairman Gort: It's family related at 1 o'clock. I mean, at 12:30, OK? Please. Let's... Commissioner Teele: Mr. Chairman, with due respect, I would so move the creation of the position in the Office of the Mayor and that the funding be identified -- is the Manager or Ms. Henry prepared to -- I think we discussed not to exceed sixty thousand dollars ($60,000) for the remainder of the year. Mr. Warshaw: I'll take a look at it. Mr. Vilarello: Commissioner, the resolution would be appropriate. Of course, the funding would have to be made available through a budget appropriations amendment, which could be modified at your next Commission meeting. Commissioner Teele: In the resolution we're asking the Manager to look at the Sister Cities funding and I'm trying to determine that at least sixty thousand dollars ($60,000) is available in that account? Mr. Vilarello: The Manager has indicated... 26 May 4, 2000 Mr. Warshaw: Yes, sir. Mr. Vilarello: ...to me that there are sufficient funds there to address that. Commissioner Teele: I would so move it, Mr. Chairman. Vice Chainnan Gort: There's a motion. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: By the way, under the City Charter, the budget is supposed to be put together between the Mayor and his office and the Manager's office. Mr. Warshaw: You're correct. Commissioner Teele: Yeah, but the problem there is, is that... Vice Chairman Gort: Any further discussion? Commissioner Teele: ...the Charter says that, but we never... Vice Chairman Gort: It never is done, correct. Commissioner Teele: ...created the right mechanisms to do that. Vice Chairman Gort: So, this will do that. This will create a mechanism to enforce that. Is there any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 00-373 A MOTION CREATING THE POSITION OF BUDGET LIAISON/ADVISOR TO THE MAYOR AND MEMBERS OF THE CITY COMMISSION RELATED TO FINANCIAL MATTERS, THE FINANCIAL OVERSIGHT BOARD AND THE ORDERLY TRANSITION PLAN OF A NEW ADMINISTRATION; FURTHER STIPULATING THAT AN AMOUNT NOT TO EXCEED $60,000 BE ALLOCATED FOR SAID POSITION, FROM THE MAYOR'S SISTER CITIES NON -DEPARTMENTAL BUDGETARY ACCOUNT EFFECTIVE NOW THROUGH THE END OF FISCAL YEAR 2000; FURTHER DIRECTING THE ADMINISTRATION TO INCLUDE SAID NEW CLASSIFICATION AS AN AMENDMENT TO THE BUDGET APPROPRIATIONS ORDINANCE AT THE NEXT CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR MAY 11, 2000. 27 May 4, 2000 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Commissioner Teele: Mr. Chairman, I would hope that, at least, the Oversight Board has a sense that we are prepared -- we've responded on the issues of the personnel, a plan. We are putting it together in a process. And I would hope that the City Attorney and the Manager would meet with the Oversight Board to determine the sufficiency of this and an ongoing process. And, Mr. Mayor, I would ask, respectfully, that you would just advise the Commission or -- to the extent you're comfortable, confer with the Commission on that decision, since that position is principally in your staff, but it is a resource that is to be available to the Commission... Mayor Carollo: Of course. Of course. Commissioner Teele: ...as well. Mayor Carollo: I will start working with on that right away, Commissioner. I will confer with the City Attorney to make sure that we have everything in place, before that person can actually begin working for us. But I will begin right today in searching for such a person. Vice Chairman Gort: OK. Any further discussion on this letter? As I stated and it was requested before, there's plenty applicants for each one of the positions. At this time, I would like to hear on the second issue, which is very important also, which determines what's going to happen next, and that's the injunction that we received. Mayor Carollo: Before the City Attorney proceeds with that, I need to ask one quick question, for the record, of the City Attorney. Because I'm surprised that, even today, no one in the media, our local media anyway, has printed it or talked about it. Mr. City Attorney, in this three-page injunction, which about third of it is handwritten, crossed out -- I've never seen anything like this in my whole life. At the last page, in item number 5, it is handwritten by the judge and initialed by him, where it says: "It appears that notice was given to the Miami City Attorney by telephone and messenger..." In other words, that notice was given to you, so that you could have the opportunity to appear, be there, and present the interests of this Mayor, this Commission and this city. Was in fact such notice by telephone and messenger given to you or not? Mr. Vilarello: Mr. Mayor, as I mentioned earlier in the day, I have a conflict in the continued representation of this matter. With regard to that particular issue, I did not receive notice prior to the hearing. I did receive a copy of the complaint late in the day and I did not have any notice of a hearing that took place at all, until just before 9 o'clock in the evening. Mayor Carollo: So... 28 May 4, 2000 Mr. Vilarello: And I prepared an affidavit and that's my last connection with this case. Mayor Carollo: That's all that I want to get on the record, so that all the media here can know for a fact and, hopefully, will report that just based on that alone, this injunction here was not valid and that, in America, this cannot happen. You cannot have a kangaroo court in the middle of the night claim that the opposing counsel, the Attorney that represents this Mayor and this Commission, was notified when, in fact, you lied and he was never notified, so you could proceed with a kangaroo court. This might happen in Cuba, but not in an American city. Thank you. 29 May 4, 2000 [AT THIS POINT, VICE CHAIRMAN GORT LEFT THE COMMISSION CHAMBERS AT 11:59 AM] Commissioner Sanchez: OK. Pertaining to the injunction. The floor is open on the item. Any Commissioner wishing to discuss the injunction or any questions pertaining to the injunction? Commissioner Regalado: Yes. Commissioner Sanchez: Mr. Regalado, you're recognized. 30 May 4, 2000 Commissioner Regalado: Mr. City Attorney, could you tell us the steps that you have taken in terms of counsel and who's representing who and why different counsels and why you feel that you have a conflict of interest? Mr. Vilarello: Very briefly. The lawsuit was filed by Donald Warshaw, the City Manager, against the Mayor, individually, the Mayor, in his official capacity, and the City of Miami. What I have done is I have retained counsel to represent the City, the law firm of Akerman, Senterfitt. Nina Brown is here. She can discuss any of those issues with you. And I've retained Ben Kuehne, the law -- Ben Kuehne's law firm to represent the Mayor in his official capacity. Commissioner Regalado: And you? Mr. Vilarello: I have represented all parties to this litigation regarding issues which are relevant to this litigation and, therefore, ethically, I'm prohibited from continuing the representation of any of the parties in this litigation. [AT THIS POINT VICE CHAIRMAN GORT ENTERED THE COMMISSION CHAMBERS AT 12:04 PM Vice Chairman Gort: OK. Commissioner Sanchez: Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Sanchez: This injunction, which is a temporary restraining order, which is a creature of the law, pertaining to the laws, it's -- I am puzzled by the injunction towards the Mayor and the Commissioners. Usually, in an injunction -- and correct me if I'm wrong -- there has to be either any wrongdoing of some type. And I want to know why this Commission received an injunction on this matter? Because I'm confused in a way that we exactly don't know what rights we have now. In other words, the Commission does not know what powers it has under this injunction. We know what the powers are under the City Charter, but with the injunction, whether it tells us that we cannot take a decision on the fact of not overriding the issue, can we still meet and terminate the City Manager? So, there's a lot of questions that I don't know and before it's over, I'm going to present a motion that clearly advises the judge to clarify the order as to what powers this Commission has under an injunction. So, I will come back with that motion that I'll present. But now there are a lot of questions that I don't have the answers to. I did have the opportunity to sit down with the Attorneys this morning and discuss some of the issues, but I'm going to meet with them this afternoon again to see where we're at in this injunction. Vice Chairman Gort: Well, that's the reason... Commissioner Winton: Mr. Chairman? Vice Chairman Gott: ...I've asked the Attorneys to be here because we all have the same questions and I want to make sure those questions are answered and we get all the answers. Commissioner Winton: And it seems to me, what we need to hear from the Attorneys is what our options are, you know -- so, if we could -- whoever the Attorneys representing us, it would be nice to hear what specifically options -- specifically, what options we have in front of us. 31 May 4, 2000 Ms. Nina Brown: Good morning, Commissioners. My name is Nina Brown. I'm with the law firm of Akerman, Senterfitt. This is Michael Fertig. And we're here to answer any questions that you may have regarding the injunction that was entered. Vice Chairman Gort: Well, my understanding is, we need to know what kind of actions we can take; what would happen if this Commission does not take any actions, which I don't think it would be done; what happens on Sunday, when the 10 days are up, and so on. I think those are the questions that my colleagues would like to have. Ms. Brown: Currently, there's an injunction that is entered that precludes the City and the Mayor from taking any action that would further the termination of the City Manager. That would include -- by the intent of the order, I believe it would preclude any action by the Commission to vote either for removal or against removal at this point in time. The order is not the picture of clarity and what would -- the intent of the order, I believe, is to freeze the status quo at the time that the order was entered. Meaning that the Manager remains in office until, as set forth in the order, further order of the court. Commissioner Sanchez: So... Vice Chairman Gort: What other actions can be taken also? Ms. Brown: Excuse me? Vice Chairman Gort: What other actions can be taken? Ms. Brown: Procedurally, other actions that can be taken when an injunction is entered is a motion to dissolve an injunction can be filed. By the Rules of Civil Procedure, a motion to dissolve an injunction must be heard by a court within five days. It's heard by the same judge who enters the injunction. Procedurally, either the dissolution of the injunction or the continuance of the injunction then becomes an appealable order, which would be appealable to the Third District Court of Appeals. Vice Chairman Gort: My other question is: Does this injunction overrule the City Charter? In other words, according to the City Charter, 10 days are up on Sunday, would that be enforced or would not be enforced? Ms. Brown: I... Mr. Michael Fertig: I think you're --Commissioner, I think that's why the idea would be to get a clarification from the court as to exactly what this judge meant when he entered this injunction and to see whether he was in fact calling a time-out and saying that time has stopped running or he intended for the time to run. Commissioner Sanchez: And, Commissioner Gort, my motion will direct exactly such action. Now, Nina, I have another question. This right now, is it a civil or is it a criminal? Ms. Brown: It is a civil action. Commissioner Sanchez: It is a civil action. So, we must know to separate both, which are completely different. We have the City Charter, where the question here is, how the City Manager was dismissed," whether it was done with violation or no violation? The other issue is the injunction placed on the Mayor and the Commissioners, which does not allow us to take any action to dismiss the City Manager? Now, under the City Charter, if we were to forget the injunction, which is in place -- and I -- by no means, do I want to deprive anybody of due process. But under the City Charter, the Mayor has every right to fire the 32 May 4, 2000 City Manager. Within 10 days of the 10 -day ruling, which was an ordinance that we passed, this Commission meeting passed, the Commission passed, we would come back and either override the Mayor's decision or vote four/fifths to dismiss the City Manager. No? Vice Chairman Gort: Or you don't have to take any action. It automatically takes place. Commissioner Sanchez: Well, that's the third. There are three things. Or we could let the time pass and no action should be taken. Now, to have this injunction where -- I'm not a legal expert and I'm not going to dispute it. I'm sure it will be disputed vigorously by the Mayor and, if it takes, it will probably be disputed by this Commission. One thing that I am disturbed in a way is, since I've been here, going almost on two years, every time that we make a decision, whether it's the correct decision or not the correct decision, it ends up falling in the hands of the court system, which is fine because there is due process and everybody has the right to due process and everybody has the right to go to court. However, what it does and it did last time -- and I continue to emphasize the effects that will have on this community is that it will continue to bring chaos, which this city is today, in chaos, and will continue to be, as long as that -- the court system continues to interfere with the City Charter. Now, I'm not going to dispute the facts that have been brought forth by the Mayor, saying it was done in a kangaroo court or not. That will be determined. The other thing that I want to do. What would be -- how long would this process take for us to find out if, one, the injunction is overturned by the Mayor's Attorney, if it were to go? How long would it take that process if we were to say that the City Manager stays, by the judge's ruling? Ms. Nina: OK. The process -- essentially, there's been a complaint filed. It's my understanding that none of the named defendants have been served with the complaint. Upon being served with the complaint, somebody who has been named as a defendant has 20 days to respond to that complaint. Any of the time periods prescribed by the rules can be speeded up by a request of the judge. With regard to the injunction itself, any motion to dissolve the injunction can be filed at any time. The judge must hear that motion within 5 days. Commissioner Sanchez: So, there must be a response within 20 days? Ms. Brown: There must be a response... Mayor Carollo: No., Commissioner Sanchez: No? Mayor Carollo: Not yet, no. Vice Chairman Gort: Right away. Ms. Brown: ...to the complaint within 20 days of service. Commissioner Sanchez: Right away. Where does the 20 -day come in, that you said something about 20 days? Vice Chairman Gort: Once you're served. Commissioner Teele: Once you're served. Commissioner Sanchez: Oh, once you're served? 33 May 4, 2000 Ms. Brown: Once you're served. With regard to the motion to dissolve the injunction, if that is granted, it's appealable to the Third DCA (District Court of Appeals). If it's denied, it's appealable to the Third DCA, the Third District Court of Appeals. Commissioner Sanchez: I have read the documents that were provided to us on this and I believe that we need clarification on it. So, I am going to present a motion to have the judge clarify the order and basically to direct the Commissioners and the Mayor, both, if possible,. to clarify exactly what our powers are having this injunction that's been placed on us. Mayor Carollo: Well, if.. Vice Chairman Gort: There's a motion. Is there a second? Commissioner Sanchez: There's a motion. Commissioner Winton: Second for discussion. Mayor Carollo: If I could ask... Vice Chairman Gort: Mr. Mayor. Mayor Carollo: ... Nina a question, if I can? First of all, Nina... Cominissioner Teele: Mr. Mayor, I have a point of order. Now, I think we need to be very careful. They are -- did they give you all a lawyer yet?. Vice Chairman Gort: Well, wait a minute. Wait a minute. Yes. Mayor Carollo: They're your counsel, but what I'm going to ask has got nothing to do with any conflicts between clients or counsel. Commissioner Teele: But I respect that and they're here in a public forum. You have a right. But I think it needs to be very clear. Mayor Carollo: And you're right. You're right. Commissioner Teele: The Attorney should have given you your lawyer to give you legal advice, and the counsel that are before us now should be the Commission lawyer to give the Commission advice. Mayor Carollo: That's correct. Commissioner Teele: And I -- if you want to ask him a question, I -- but I want to be... Mayor Carollo: But you're very correct, Commissioner. I'm glad that you brought that to the record because that is the proper way. What I wanted to say, Nina, first of all, is that I'm very glad that the City Attorney chose you to represent the City Commission in this particular matter. You're a fine Attorney. I've seen you up by the front lines and I don't think the City Commission could get a finer Attorney than you and some of the people that you have with you. 34 May 4, 2000 Ms. Brown: Thank you, Mr. Mayor. Mayor Carollo: I wanted to ask you a question that I think is what Commissioner Sanchez is inquiring, what is being asked here. And this begins in the bottom of page 2, where it says that the "Respondents herein, Mayor Joe Carollo and the City of Miami Commissioners are restrained, in accordance with Florida Rules of Procedure 1.610, from terminating, firing or reassigning the petitioner herein, pending further order of the court." You know, we are restrained from terminating, firing or reassigning. Well, I fired him already. I terminated him already. That happened. It's not an action that I'm going to be taking. I took the action already. Can you maybe shine some light into this, to the Commission, as to what interpretation you see that's here? Ms. Brown: There is another paragraph and it also states that the respondents, which are all the defendants in the lawsuit, are restrained from taking further actions in conjunction with the termination. And I think that the spirit of this order, which is something that a court would look at, is that it was the intent of the judge to, essentially, call a time-out and to hold off on any furtherance of the termination of the City Manager. That's what I think the intent of the order is. Again, I think the order is not as clear as it could be in that regard and that would be the nature of the motion, for a clarification. Mayor Carollo: OK. One further area that my Attorney will confer in letting you know through Attorney to Attorney, but I will say here, publicly, to you because I said it yesterday and that is that, number one, my position is, what I am instructing my Attorney to do is to demand that all these false allegations and lies be made public, so everybody in Miami, everybody in the world can see it. This Mayor has got nothing to hide. This Mayor has done nothing wrong and has got no concerns. That's why I've asked, from day one, open it up. Let everybody know. Because I am not going to let myself be extorted in any way, shape or form. Further, if I could point something out in one of the questions or statements that Commissioner Sanchez made. The Florida Department of Law Enforcement, that's the State of Florida's FBI (Federal Bureau of Investigations), in a letter to the State Attorney, Kathy Fernandez -Rundle, yesterday made it very clear that in all these false allegations that were presented by Mr. Warshaw, that they found no criminal wrongdoing whatsoever. So, that's for the record. Commissioner Regalado: But, Mr. Chairman, Mr. Chairman, if I may? Vice Chairman Gort: Gentlemen, I have five minutes. I have to leave in five minutes and it's very important. Commissioner Sanchez: It's pertaining to the motion on the floor. Vice Chairman Gort: It's a motion on the floor. Let's discuss the motion. Commissioner Regalado: Yes. But the Mayor has touched on one issue and I think it's important. And I want to ask the attorneys, for the Commission, if they have the power or the capability of finding out about those allegations that were made? Because I, myself, believe that I would -- if ever those allegations are found to be true, that my civil rights were violated or there was intent to violate my civil rights and I really would like to take action. Can you work on that area, too, with the -- is it with the judge, Nina? Ms. Brown: We can make a request of the judge to view the materials upon which the injunction was based. Commissioner Regalado: You will do that? 35 May 4, 2000 Mr. Fertig: Yes, sir. Commissioner Regalado: Thank you. Mayor Carollo: That's what I asked for. Vice Chairman Gort: Commissioner Teele. Commissioner Teele: On the motion, Mr. Chairman. Mr. Chairman, I want to be clear. We have 20 days from being served to respond, is that correct? Ms. Brown: Yes, sir. Commissioner Teele: Have we been served? Ms. Brown: It's my understanding that you have not yet been served. Commissioner Teele: OK. And a motion to dissolve, the court is obliged to consider this within five days? Mr. Fertig: From the filing of the motion, yes, sir. Commissioner Teele: The Mayor has a right to file anything that he would like to file, independent of the Commission, is that correct? Ms. Brown: Yes, sir. Commissioner Teele: Commissioner, on your motion, let me tell you what I think we have here. The Mayor's going to do what he thinks is right and I respect that and if nothing else, I respect the fact that the Mayor's going to do what he thinks he ought to do and a lot of people don't have that courage, even if I don't agree with what the Mayor does, but that's the way it is. I think we have an opportunity right now to create a window of opportunity to, first of all, provide for an orderly transition of government here and I think we ought -- we, as the Commission, ought to seek that. That window of opportunity may close on us. The Mayor may close it through proper legal actions in the court, which he has the right to do. But I don't think we, as a Commission, ought to move on this action at this time. Having said that, on the record, I believe that the judge's order is a direct confrontation to a proper rule of law and the Charter and constitution of this City. I really do believe -- and this happened to the Mayor of Managua, Nicaragua nine months before he was about to announce for president to Aleman, that a municipal judge in Managua, who was on the payroll of the president, issued an order that, in effect, attempted to remove and to do a whole bunch of things to Aleman, as the Mayor of Managua, and until a bunch of us, Pedro Reboredo, Maurice Ferre, myself went to the U.S. State Department and met with the Inter -American Commissioner for Human Rights, it was only through direct intervention of the United States govenunent that that judge's order was dissolved. And I think what Judge Bloom has done is tantamount to doing the same thing that that judge in Managua, Nicaragua did. This is not the way to run a democratic government. I think he is dangerously close to treading into what is clearly a political question. And the first rule -- what's the court case in 1824 or -- was it Maubury versus Madison -- Whatever it was that established that courts should not intervene in what is political, in questions. That's exactly what the law says. And to the Oversight Board's credit, in the first sentence of their letter, they said "We will not assert ourselves into the political matters of the City of Miami," which is consistent with the Maubury versus Madison principle, which Judge Bloom apparently does not -- has not read and does not understand. Having said that, I believe that this Commission should pull back. We should let the Mayor do what he wants to do, through counsel. We should file no motions 36 May 4, 2000 until the 20th day or the appropriate day. We have a major budget adjustment of this City due on -- when is it? May the 25th? Is that right, Mr. Manager? Mr. Warshaw: May 11 is the second reading of the budget adjustment. Conunissioner Teele: And I believe that what we should do is afford the budget adjustment process to be done. Let this Manager complete out this process, if he's in office and, hopefully, by the end of that budget adjustment process, which is the following Commission meeting, when the matter of the veto issues have been resolved, hopefully, that the Mayor -- I mean, the Manager will have thoughtfully calculated and calibrated what I think would be an appropriate strategy, which I would hope this Commission would consider on May 11th a resolution that would, in effect, provide for a management transition plan. I believe that Mayor Carollo has the right to go into court and attempt to dissolve the stay. But I think this City and this community, given the fact that we have this judge's order, would be much better served if we were to instruct our attorneys not to file any motion at this point in time until we have been served, to vigorously protect the City's position by responding to any motions that have been filed or appropriate, and to attempt to provide for an orderly transition of the current Manager to a new Manager. I spoke to the Manager last night at 11:30 and the Manager has given every indication to me that he would support an orderly transition that would include the normal kinds of things, no financial issues, no dollars, no severance packages that are beyond what is already in his contract. I think we need to get on the record what your vacation time is, what your sick time is, so that we don't have anybody coming back saying "well, you were doing something on this day and that." I think that's very helpful. I think a normal kind of process is to afford a use of administrative support, such as a fax machine or something, for a 90 -day period or so. And I think we need a very clear resolution that would afford you with legal representation on matters relating to the City business during this transition. I would also ask that, if this becomes agreeable on the meeting of the 11th, the resolution, that the Commission instruct the Chair to prepare a citation of commendation on behalf of all of the citizens of the City of Miami for the 29 years of service of the Manager. I believe that by allowing for an orderly transition, particularly in the context of putting the budget amendments through, giving the Mayor the opportunity to review those, which is 10 days -- he has 10 days, is that right -- and be in a position to deal with any vetoes or anything, which would mean that, by May the 25th, we would have a solid and stable financial package and a financial plan that is something that the Oversight Board can live with and something that will allow for a transition. And, Mr. Manager, I know Commissioner Gort is going to have to leave, but does that accurately reflect something that you could live with and that we could be assured that the City, during this period of time -- no press conferences -- and that the City would begin to deal with the normal business of the City in an orderly manner and that you could address, during this period of time, primarily the issues of the budget, the FY -2001 budget? Mr. Warshaw: Yes, sir. You have my word on that. Vice Chairman Gort: Is there any further discussion? Mayor Carollo: Real briefly, if I can, Commissioner. The reason that this Commission had placed a 10 -day ordinance for a Manager to stay for 10 days after he would be terminated by a Mayor was precisely, as you all have stated, so that there would be a 10 -day orderly transition period. I will tell you, in all frankness, that I don't believe one word this man says, that there cannot be an orderly transition; that there cannot be any stability in this city as long as this man is still in power here. When I have received the calls that I've had from employees, including police officers, including seasoned investigators, to tell me how they were, over the weekend, inside that Police Department trying to put together the lies that were then presented this week; when I have had members of this Commission, itself, come make statements to me. Even this morning, member of this Commission spoke to me and compared the way the Manager wants to go to how Sherman went through and left Atlanta. In fact, there were several people that he was threatening with, 37 May 4, 2000 including one that stood up here, that they had given him already letters of resignation. By the way, I'm making a public records request of the Manager of any such letters to be given to the members of this Commission. When I have directors, department directors, top executives that are telling me that they are being ordered to constantly be marching to press conferences to give the appearance that they're supporting him, there cannot be any stability; there cannot be any moving forward, as long as this man stays here. And the law of the City of Miami, the rule of law of the City of Miami, which is the City Charter, states simply that this Mayor -- any Mayor -- could fire a City Manager without any reasons whatsoever and, frankly, I have more than ample reasons. And I sent all of you the letter that the Manager was sent on April 26th, the Wednesday before he was fired, the letter that set off the extortion attempt against this Mayor and, to this day, the things that I have been asking since September of last year, I have not received them. Let me go over what I am still asking of.. Vice Chairman Gort: Mr. Mayor? Mayor Carollo: ...Mr. Warshaw. No. I need to go over these three points. And if you all want to let him get away with not providing it, that's up to you. A copy of the canceled checks that support your claim that Mr. Stern was repaid the sixteen thousand seven hundred and seventy-five dollars ($16,775) that he paid to the Pension Fund on your behalf; copies of all the invoices billed to the American Express Card, issued to you by the "Do the Right Thing Program" and copies of all of your cancelled checks that substantiate your claim that these expenditures have been satisfied. Ladies and gentlemen, we're not talking about just a few dollars here. We're talking about a million three hundred thousand dollars ($1,300,000) that have disappeared from the Police Pension Fund by one of his closest friends and associates. We're talking about credit cards that tens of thousands of dollars went through them. This City, this Commission, deserves answers to this. Commissioner Regalado: Mr. Chairman, if you need to go -- I mean... Vice Chairman Gort: No, no, I... Commissioner Winton: So do I. Vice Chairman Gort: I have a very important... Commissioner Regalado: I know. Vice Chairman Gort: My daughter is going to go through an operation. Commissioner Regalado: I know. That's what I said, if you need to go. Vice Chairman Gort: And I need to be talking to the doctor and consulting, but I think this is very important also. But I think we can go ahead and take actions, people. I mean, let's not go back and forth making accusations. I think the courts are there. The courts will take care of that. And whatever they choose -- and I'm glad there's so many investigations taking place because, once and for all, we're going to get it all out upfront on the public record. We need to make a decision. There's a motion on the floor. Are we going to discuss the motion? Commissioner Winton: Well... Commissioner Teele: Mr. Chairman, on the motion. And I will yield to Commissioner Winton, but I must say this. I don't disagree with anything anybody is saying. The only thing that I'm saying is this: Why does 38 May 4, 2000 0 this Commission have to weigh in right now on this issue? We have -- we're going to go to court. There's no question. But let's use the time that we have, as a Commission, to try to provide for a little bit of orderly stability and transition, as called for in the Oversight Board's request. And what we have is a major budget issue. I don't know who we're going to be dealing with and I would rather deal with someone who, at least, has understood where we are from October 1 to now in addressing that. All of the things the Mayor's saying, I'm not agreeing with or disagreeing. Those facts are going to come out and -- but why are we rushing through this now? Let's get this City stable. And, Commissioner Winton, I know you wanted to say something. Vice Chairman Gort: Commissioner Regalado asked for the floor first. Go ahead, Commissioner Regalado. Commissioner Regalado: My concern is that we have a team of good attorneys and we need to, first of all, clarify what the judge said, then try to find out if the allegations -- because this is a separate issue, but a serious matter, too. I mean, we cannot let one issue overshadow the other one. If those allegations that you can see merit any action of me, as an individual, or the Commission, in terms of a possible civil rights violation. But my question is -- and I asked the Mayor earlier, if he had anybody in mind -- the Mayor will go to court with his Attorney. No, no. He does that and he will do that. And what if something happens and then we are caught by surprise, that we don't have a Manager and that we should rush to approve a Manager. At least, we should know if the Mayor would give us an idea -- not the name, not the name -- but an idea of what kind of person he's thinking to bring us a new Manager. We all know that -- Mr. Warshaw knows that he's not going to be the Manager for long. So, having said that, we are going to have a new Manager and the Mayor has the authority to appoint it, so we need at least to know what kind of person he's thinking about. Vice Chairman Gort: On the motion, Commissioner Winton. Commissioner Winton: It seems to me there are two options that we're discussing right now. One is Commissioner Teele's idea that we take no action whatsoever and that lack of action, in fact, has the potential to create a process whereby there may be an orderly transition. The motion speaks to the idea of getting a clarification, a specific clarification of this order. But once we get the clarification of that order, does it change the action that we may take relative to Commissioner Teele's idea? Commissioner Sanchez: No. Commissioner Winton: I mean, does one... Ms. Brown: No. The purpose of the motion would be to preserve the Commissioners' rights as they exist presently under the Charter and I don't think it's in conflict with what Commissioner Teele is... Commissioner Winton: OK. So, we could get a clarification of the order and then we're just lined up and waiting for the -- well, to receive the order and then we have 20 days to respond. So, that process all stays in place; is that correct? Commissioner Teele: I totally disagree with the outcome of that. I think counsel is being misleading right at this moment. Look, if we... Commissioner Winton: And that's what I'm asking. Commissioner Teele: First of all, we have the right to get it clarified. The issue is not, do we get it clarified but do we get it clarified immediately or do we allow some curative time where we all just sit quietly, with 39 May 4, 2000 the status quo as it is, and get through this budget process that we're talking about for second reading and all of that; get a transition plan over to the Oversight Board, with the current Manager, with the understanding that the Manager will exceed to some type of orderly transition through this process, which I'm saying cannot exceed May 25th, which is a date of that -- which is within the 20 days that she has already outlined. So, it's not one or the other. It's whether we do it now or whether we do it in 20 days from the time we're served. That is not to say that the Mayor may not just file the motion anyway on his own to clarify. But I don't think this Commission should put ourselves in the position of creating more of the instability. We need to seize this bubble of an opportunity by this judge's order, which I believe to be inappropriate, to allow for a stability transition plan here. And I think the Manager has said, to my satisfaction, that he will leave at the conclusion of a transition plan. Commissioner Winton: Well, Commissioner Teele, I guess what I'm missing and I'm supportive of your concept there. But I'm just missing the part about why you -- you obviously feel very strongly that we shouldn't file a motion to clarify the judge's order and I'm just struggling to understand what that is. Commissioner Teele: I do think we should clarify the judge's order. I don't think we ought to file it until the statutory period of time in which a filing cannot be made. We can file today. We could file tomorrow. We can file within 20 days of today's date or of the time we're served, for that matter, and we will still be heard. That is not to say that the Mayor won't file anyway. Commissioner Winton: And lose none of our rights? Commissioner Teele: And lose none of our rights, unless counsel has a different interpretation. Ms. Brown: My concern is that parties to the litigation, based upon the wording of the order, could take the position that, notwithstanding the order, the 10 -day period will run on Sunday, unless a clarification is requested. Commissioner Teele: Well, that's not the issue, though. That's obviously an interpretation that anybody could make. But the fact of the matter is, you could also interpret that the judge intended a status quo and by clarifying that, you're going to have one or the other. And once you have one or the other, you're not going to have an orderly transition. That's all that I'm saying. Vice Chairman Gort: OK. Any further discussion? Being none. Let me tell you. I think -- I personally think Donald Warshaw has done an excellent job as a Chief of Police, as a Manager. But I have to tell you: The reason we put 10 days is to do exactly what we're requesting of him right now. And I can tell you. I can see, there's no way we could continue to have stability, having a Manager and a Mayor fighting and arguing every meeting that we're going to have. I think we need to take an action now. I think this gentleman's got enough professionals in there that they can keep going and let the court decide on that. The court might decide that he stays for 10 days or whatever they decide and we can go ahead and complete the rest of the transition. But I think we have enough qualified individuals to do the job and to be substituted. So, on the motion, call the question. Commissioner Sanchez: Call the question. Commissioner Regalado: What is the motion? Vice Chairman Gott: The motion is to clarify. Commissioner Sanchez: The motion is to have the judge clarify the order as to what powers the 40 May 4, 2000 0 Commission has, period. Commissioner Teele: Then I have an amendment. Vice Chairman Gort: Yes, sir. • Commissioner Teele: I will amend the motion to clarify, to file the motion on May 26th. Commissioner Sanchez: Why? Commissioner Teele: Because that affords for an orderly transition. Commissioner Sanchez: We're going to have an orderly transfer no matter what. Vice Chairman Gort: On the amendment. Commissioner Winton: Not necessarily. Vice Chairman Gort: Is there a second on the amendment? Is there a second on the amendment? Commissioner Winton: Well, I'll second the amendment. Vice Chairman Gort: OK. Call the roll on the amendment. The following motion was introduced by Commissioner Teele, who moved its adoption: Upon being seconded by Commissioner Winton, the motion failed by the following vote: AYES: Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez ABSENT: None. Vice Chairman Gort: On the motion. Call the question on the motion. 41 May 4, 2000 --. .- Upon being seconded by Commissioner Winton, the motion failed by the following vote: AYES: Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez ABSENT: None. Vice Chairman Gort: On the motion. Call the question on the motion. 41 May 4, 2000 The following motion was introduced by Commissioner Sanchez, who moved its adoption: fT[�TI �[�]��►[�ZIZIac�L'9 A MOTION TO REQUEST 11TH JUDICIAL CIRCUIT COURT JUDGE PHILIP BLOOM TO CLARIFY HIS ORDER WITH RESPECT TO ENJOINING THE MAYOR/CITY COMMISSION FROM ANY FURTHER ACTION IN CONNECTION WITH REMOVAL OF DONALD WARSHAW AS CITY MANAGER AND WHAT POWERS THE COMMISSION, HAS RESULTING FROM SAME. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: Commissioner Arthur E. Teele, Jr. ABSENT: I None. Vice Chairman Gort: OK. Is there any further business to bring? The following motion, how soon can we get a report? Ms. Brown: How soon can... Vice Chairman Gort: It depends on the judge, right? Ms. Brown: That's right. Vice Chairman Gort: OK. And the judge might come out saying that the -- we can't do anything and the 10 days are... Mr. Fertig: Yes. And the judge might just leave the order as currently exist. Mayor Carollo: Excuse me. Mr. Fertig: He may choose not to clarify. Vice Chairman Gort: Thank you. Mayor Carollo: One other minor matter. One other minor matter that I'd like to ask for it publicly. It's another public records request that I want to make publicly of Mr. Warshaw. Major Buhrmaster had made this statement to someone... Mr. Warshaw: I can't speak for Mr. Buhrmaster. 42 May 4, 2000 E Mayor Carollo: ...that -- Major Buhrmaster had made the statement to someone that has testified to that, that you were keeping files on every member of the Commission. I am making a public records request of any files that you have of members of this Commission to be made public and to be sent to me. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 12:39 P.M. ATTEST: Walter J. Foeman CITY CLERK Sylvia Lowman ASSISTANT CITY CLERK 43 JOE CAROLLO MAYOR May 4, 2000