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HomeMy WebLinkAboutCC 1998-06-05 MinutesCITY OF MIAMI * INCORP )R:►TEI 16 96 COMMISSION MINUTES OF MEETING HELD ON JUNEt , 1998 (Special Meeting) PREPARED BY THE OFFICE OF THE CITY CLERKICITY HALL Walter J. FoemanlCity Clerk 1 ./ MINUTES OF SPECIAL MEETING June 5,1998 ITEM NO. SUBJECT LEGISLATION 1 • DISCUSS DISMISSAL OF CITY MANAGER — 6/5/98 OVERRIDE MAYORAL ACTION WHICH REMOVED R 98-547 CITY MANAGER ON JUNE 1, 1998. 2-22 2. APPOINT JOE SANCHEZ TO FILL EXPIRED TERM 6/5/98 FOR COMMISSIONER, DISTRICT III. R 98-548 22-37 MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 5 h day of June, 1998, the City Commission of Miami, Florida met in a special meeting at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The special meeting was called to order at 6:42 p.m., by Presiding Officer/Mayor Carollo, with the following members of the Commission found to be present. Commissioner Wifredo Gort (District 1) Commissioner J. L. Plummer, Jr. (District 2) Commissioner Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) Mayor Joe Carollo ALSO PRESENT: Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk ABSENT: Jose Garcia -Pedrosa, City Manager Mayor Carollo: I am glad everybody got their emotions out at one time, because I would like to read the following before we proceed. This applies to anyone for an issue or against an issue. For an individual or against an issue. I appreciate those that support me that want to clap me, but we do not want that to happen today here. If I can, I am going to read what is written in every agenda of every meeting of this Commission that are the rules and regulations that we always have. And if I can't, people that are back there that are talking or screaming, if they could be quiet, please. "Any person making impertinent or slanderous remarks or becomes boisterous while addressing the Commission, shall be bared from further audience before the Commission by the presiding officer unless permission to continue or again address the Commission be granted 1 June 5, 1998 by the majority vote of the Commission members present. No clapping, applauding heckling or verbal outbursts in support or opposition to a speaker, or his or her remarks shall be permitted No signs or placards shall be allowed in the Commission Chambers. Persons exiting the Commission Chamber shall do so quietly." So, I respectfully request to everyone that's here for or against any of the issues that will be discussed, if they can help us to keep the decorum, the dignity, that this body, that this City, and all of you deserve. Having said that, if I may ask everyone to stand up so that we can pray before we begin. An invocation was delivered by Mayor Carollo, after which Vice Chairman Plummer lead those present in a pledge of allegiance to the flag. Mayor Carollo: The first item that we will deal with today, so duly advertised to begin six thirty, or after six thirty, has to deal with the dismissal of the City Manager. I will open it up to the members of the Commission so that you can discuss how you would like to proceed with this. Commissioner Teele: Mr. Mayor. Mayor Carollo: Yes, Commissioner. Commissioner Teele: As a point of order and directed to the City Attorney. I want to be recorded as strongly objecting to the procedure. I am not prepared to move an objection formally. But I think it's very important that we operate under the constitution called the Charter of the City The Charter assumes that there will be five Commissioners for the purpose particularly of the matter that we are going to discuss first. To schedule and to agenda the election of a fifth Commissioner after a core and celliant Charter provision borders upon really, usurping the Charter. And I mean, I think.. why you did this, Mr. Attorney, and Mr. Vice Chairman, and Mr. Mayor, I mean, I am not at all pointing any fingers, but I would hope that anytime there is a vacancy from this Commission that the appointment of the duly represented Board of Directors would be first, and I am a... I am going to say this, because if this were District V which I represent, a substantial part of this community would be, in my judgment, disenfranchised from the decision and the deliberation as contemplated under the Charter. And the same thing would happen, I think in one of their districts. This has no racial overtones, but I can tell you this, Mr. Attorney, to elect a Manager at this point in time, which we must do because of the way this has been noticed, essentially disenfranchises the citizens of District III. And I want to be on record as saying that I am going to vote, but I want to give deference to those citizens of District III who are not going to participate in this decision. And I think, Mr. Attorney, and Mr. Mayor, and Mr. Vice Chairman, I don't understand how the agenda is being put together, but I want to know my rights as a Commissioner, to challenge the order of the day at any time, because I think this is fundamentally a violation of the rights of citizens to be represented on this kind of decision. This is fundamental to the City Charter of the City of Miami and I certainly have no objections to what has been done in the context that we have noticed this, and I don't 2 June 5, 1998 think we can change this for the purpose... No, I think you have given the public notice. You have given the public notice. But... Commissioner Teele: That's fine. And excuse me, I'll wait `till you're finished. Commissioner Teele: But I just want to be very clear. If this were circumstances where the residents of my district were not here today, as opposed to the residents of District III, I think that would be an absolute outcry. It's unintentional. There is no one to blame. There is no pointer... finger pointing going on here, but I think it's something that we, as a legislative body need to really begin to think about how our agenda is being put together, and how our agenda is being framed, because in my judgment, this could be a grievous mistake that could have unintentionally racial overtones, if for example the sole Anglo Commissioner were in this position or the sole African -American. And I just wanted to be on record as saying that, Mr. Mayor. Mayor Carollo: You are on record, Commissioner. Vice Chairman Plummer: Mr. Mayor. Mr. Mayor, if I may? Mayor Carollo: Absolutely, Commissioner. Vice Chairman Plummer: The City Attorney advises me, Mr. Teele, and I have no objections that we adjourn the meeting until seven thirty and take that item up as the first item, and then we'll take it up the other way. I have no problem with that, but let me go in as to how this came about. I think all of us are very much aware that under district elections and the way that this thing came about, we were all going into a new land. We had never done this before. And as such, I tried to work as close as I could with the Clerk, and with the Mayor, and with the City Attorney by virtue of everybody had to put in memos if they wished to do such and asked them to give parameters as to when they would be available for meeting. Once we got all of the memos in that were surrendered, the Clerk and I sat down and we talked about if the consensus on the memos was Friday, sometime after five o'clock. I asked the Clerk to go to the Mayor and asked him what was his preference, and what he could make, and what he could do. It came back that he felt that the best times available was six thirty and seven thirty. I don't think we ever discussed, did we, Mr. City Attorney which item should have been first and which should have been second? I don't think we ever discussed that. I understand what you're saying. If you want to feel that way, Mr. Teele, we can, according to the City Attorney, we can adjourn this meeting, come back at seven thirty, take that item up first, and take the Manager up second. I'm whatever the rest of the Commission wants to do. I... Does that...? I hope that clears it up for you as to my involvement as to bringing about the time and the date. Commissioner Teele: Commissioner, I don't mean at all to put your involvement at issue, or you know... I only think that it's unintentional, and I started out by saying. I also said, I am not prepared to move a motion on this issue. But I think that as we move forward with this different type of governance which is a single -member district. Before, this wouldn't be an issue, J. L. Vice Chairman Plummer: That's correct. 3 June 5, 1998 Commissioner Teele: But this is a different type of governance and there are certain subtleties that we need to all be mindful of, because if it were a different type of scenario it could have a totally different type of outcome. I think, in deference to the public, we should move forward, but I just think that it needs to be on the record. Vice Chairman Plummer: I'm at... I am here. Whatever the will of this Commission is. Mayor Carollo: OK. I am ready, or I can wait `till seven thirty. Commissioner Teele: I think we should move forward. You advertised it this way. Vice Chairman Plummer: Fine. Mayor Carollo: All right, the will of the Commission is to move forward. How would this body...? Vice Chairman Plummer: Mr. Mayor, I had suggested to you before, and I'll suggest it again. I think that the best format would be to allow six speakers who wish to speak in favor. Six speakers who wish to speak in opposition. Allowing each two minutes, or three minutes to speak. At the conclusion of those 12 speakers, if there are 12 speakers, close the public hearing and turn it over to the Commission for their debate and final vote. That's my opinion, and I'll stand ready to blend whatever is necessary. Mayor Carollo: That's the opinion of one Commissioner and... Vice Chairman Plummer: That's mine. Commissioner Gort: That's fine with me. Mayor Carollo: Two Commissioners. Commissioner Regalado: It's no... I'm fine. Mayor Carollo: Then, what I would suggest is... Vice Chairman Plummer: They sign up. Mayor Carollo: ... the first individuals that will sign up and speak for one side of the issue will speak, and then the next six individuals that would sign up for the other side of the issue will speak. If you could let the City Clerk know what side of the issue you stand on so that he could then call upon you. Vice Chairman Plummer: Mr. Mayor, let me inquire. 4 June 5, 1998 Commissioner Regalado: Just one second, Mr. Mayor? What? How much time? Mayor Carollo: Excuse me? Commissioner Regalado: How much time you are giving? Mayor Carollo: Commissioner Plummer two to three minutes. We'll go to three minutes. Commissioner Regalado: Three minutes. Three minutes. Vice Chairman Plummer: Mr. Mayor, is this being piped outside? There is an awful lot of people that I think want to hear what's going on, and did make the effort to come here. I would hope that there are speakers outside that people are able to hear the goingons. Mr. Clerk, are you aware? Mr. Walter J. Foeman (City Clerk): No, I am not Commissioner. I'll have to defer to Communications. Vice Chairman Plummer: I know there were speakers outside. Are they on? Unidentified Speaker: Yes. Vice Chairman Plummer: They are on? Good. Joe. Mayor Carollo: Mr. Clerk? Vice Chairman Plummer: Joe, did you get a copy of that. Mayor Carollo: Excuse me? Vice Chairman Plummer: Did you get a copy? It was just delivered at the time we sat down. Unidentified Speaker: The people that are talking that live in Miami or out of Miami... Vice Chairman Plummer: Sir, I don't know that there is any.. Unidentified Speaker: [inaudible — off microphone Vice Chairman Plummer: Mr. Mayor. Mayor Carollo: Well, if anybody wants to speak, they come up to the mike, it's not opened right now, sir. If you need to ask any questions, you go to the City Clerk. Vice Chairman Plummer: Here we go. Mayor Carollo: Mr. Clerk, once someone comes up, just make sure that you have, it's clear to you that they're speaking for or against and you keep track until you have six for each side. 5 June 5, 1998 Mr. Foeman: OK, Mr. Mayor, we have one person who is... has decided that he's not for nor against. We have two people that are for and six that are against. Mayor Carollo: OK, then, let's begin for people to speak and if there is anyone else who wants to come up and speak, they certainly can. OK, when you come up, if you could state your name and address for the record, please. Mr. Manuel Gonzalez-Goenaga: My... Mayor Carollo: It's to be three minutes, Mr. Clerk, and make sure since we're giving more time than the usual amount, if it could be right on time. Thank you. Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga. My address is 2469 Southwest 14"' Street, Miami, Florida. I am in a very special situation in my thinking. Since I come from a business and a banking family, the board of directors, normally, it always, in a banking institution elects the Chief Executive Officer as the president of the company. And then, the president chooses his group of individuals that want to work with him, like the Executive Vice -President, etcetera, etcetera. The board of directors in a quasi public which is a banking institution, is controlled by the shareholders - the citizens in the situation of Miami, the board of directors, the Commissioners, and the president is at the actual... at the present moment, the Mayor. I do not say, and I cannot say that Mr. Garcia -Pedrosa is not a competent man. I don't know what's inside a marriage, except mine and it didn't last too long. So, I cannot speak about the difference, but in a position as an individual, I have to backup the president of the corporation like in any board of directors of a bank would do. What I do not agree is that the Interim Manager, but I don't think that's the issue, is the Chief of Police. I think that that's a kind of, in my democracy, that I inherited from Luis Munoz-Marin in Puerto Rico, is a kind of a police state. And there... it gives us the impression that there are not qualified people here in Miami to be City Manager or Chief of Police. I am available for any one of both. Thank you. [APPLAUSE] Mr. Tony Rodriguez: It's a tough act to follow, eh? It's a little bit frightening, I think I actually agree with him on some things and that's a scary thought. Tony Rodriguez, president Miami FOP (Fraternal Order of Police) 710 Southwest 12`" Avenue. Commissioners, Mayor, I have stood before you a number of times and I think you would agree that on those times you would have found the common theme when I have spoken to you. And that is, of our concern for the process. Today, for a brief moment I would again, like to speak as to the process if you would allow me. However, before I do that I would like to make one point very, very clear, and I would like to send a very clear message to all of you. The Miami FOP and all the members that we represent overwhelmingly support Mayor Carollo in his decision. 1 will tell you that, as I see it it's two issues really, and again, I want to talk about the process. The Mayor as we see it and CEO of this City, and as the Charter sees it, I might add, has the right and should have the right to choose someone, a City Manager who shares his philosophy on where this City should go and how to move it into the future. I would remind you that the last go around you all said the same thing and 6 June 5, 1998 you all felt that that was a position that... that would be correct and appropriate. And I would again today ask you that you consider that wise decision that you made in the past. The man should have the right to choose someone to move this City and to work with him to move this City into the future. So that's... And again, I don't want to personalize this or put whether Pedrosa or Warshaw, although I would like to say one thing in terms of... as the predecessor said here in terms of Donald Warshaw. I know no person that embodies more the definition of honesty and integrity than Donald Warshaw. And I will tell you, given our most recent history and the cloud that we're under locally and nationwide with corruption and so on and so forth, I think the citizens of Miami could breathe a breath of fresh air if they had Donald Warshaw as City Manager. So, I wanted to make our position very clear. We are very much in support of the Mayor and his decision. Thank you very much. [APPLAUSE] Mayor Carollo: Please, no clapping for either side. Please. Mr. Mariano Cruz: ... tremendous. Mariano Cruz. I want to say first from 14311 in Biscayne Boulevard in North Miami, that's where I work. I don't live there. That's the North Miami Post Office there. I don't vote there either, and I don't pay taxes there, just pay taxes indirectly. But I live at 1227 Northwest 26' Street in Allapattah in the City of Miami, District I. The City of Miami. And I vote there and I ran for the Commission too, because I didn't like how the way things was going, so I ran for the Commission. Anybody can pay one hundred and seventy-five dollars ($175) and do it. So I put my mouth and my money together. What I... What I want to say is I like to see, Mr. Garcia -Pedrosa remain as City Manager. And the reason, for one thing, for good administration. One reason too, it was when he was City Attorney it was the only City Attorney I know, remember, that gave money back from his budget to the General Fund of the City. And that lately is not happening, because I see just in the last agenda there were six hundred and sixty-six thousand dollars ($666,000) paying law firms, farming out of the City. And, then, they say there is no money for the pools. There is no money for that, for the parks. There is no money for... for more police either. And that's one of the... and he used to litigate most of his case. I think the only case he lost was against my brother. When my brother Ellis Rubin and Miami Cable sued the City of Miami because they won't... they wouldn't allow Playboy in the Cable channel. And that was, I think about the only case they lost. And it cost a lot of money because the case went... went to appeal to Atlanta, and he litigated the case himself. He didn't farm it out to somebody else here like they're doing now. And now, consider too, when he was City Manager in Miami Beach, there was... I don't remember. You remember, "Colors for Dollars", the overtime cops that the newspapers found out about that. Well, where was Chief Warshaw on that, those abuse of money? That's our money that we're using for the overtime. And he got program with the FOP (Fraternal Order of Police) at the Beach there, because there was an article even reprinted in the Lakeland Ledger because I was in Lakeland in business and I read there. Reprinted from here about Garcia Pedrosa telling the public servants what they... It's a color they get, it's a vacation. You be a person. [phonetic] You do that to enrich yourself. You are a public servant, but people have forgotten that in America. I don't say that about Olga because yesterday I happened to see for the first time there, I saw the street, street crime unit at the produce market there arresting people. They should have been doing that a long time ago. And, 7 June 5, 1998 also, like I say to... to Mr. Warshaw, I asked him either three, four or five times about the Law Enforcement Trust Fund. I haven't received an answer on that. I want an answer on that. Who...? Who administered that? Is that the fund they use to give Christmas in July? I want to know about that fund. Many times I come here and ask about the fund. So, I want to know about that. So that doesn't make it, and I am his friend. This is not a personal thing, it's just establishing whatever I think is right, and I don't think he will be as good an administrator as Mr. Garcia -Pedrosa. Thank you. [APPLAUSE] Mayor Carollo: Again, if you could, please hold the clapping for either side? Mr. City Attorney, you correct me if I am wrong. I am going to answer the question that he brought up. On the Law Enforcement Trust Fund, it is a state law that gives the discretion to the Sheriffs, to the Police Chiefs to use that money that comes from confiscated funds for the Police Department. Mr. Alejandro Vilarello (City Attorney): That is correct. Mayor Carollo: OK. Go ahead, Mr. Clerk. Mr. Walter J. Foeman (City Clerk): Roger Castano. Mr. Roger Castano: Good afternoon. My name is Roger Castano. I live in 23 Northeast 49t' Street. My district is five. I vote for Commissioner Teele in the last election. Can I speak Spanish? Mayor Carollo: You certainly can, sir. This City has been bilingual and bicultural since 1980, way before Dade County was. Sylvia, can you translate for him, please? Mr. Castano: I cant speak Spanish? Ms. Sylvia Lowman (Chief Deputy Clerk) [TRANSLATOR FOR MR. CASTANO]: I come here representing one of the largest operations, representing the Nicaraguans called "Bowie." [Phonetic] I also come as a citizen of the City of Miami and as a citizen of the United States. I respectfully ask the Mayor and the Commission do not continue to maintain the unstable image of the City of Miami. Our Mayor Joe Carollo has created an unstable image of this City and we should not permit that. We are not paying attention to problems such as Solid Waste and in my neighborhood for three weeks we have not had our garbage picked up. We should investigate why a member of the Police Department brutally beat up a Nicaraguan lady. Those are the types of issues that we should be investigating. That is why I am asking for you to keep Garcia - Pedrosa as City Manager of this City. Thank you. [APPLAUSE] Mayor Carollo: Yeah. No clapping please, for either side. Next one, please. 8 June 5, 1998 Mr. Foeman: Allan J. Hunter. Mr. Allan J. Hunter: Mayor and Commissioners, my name is Allan J. Hunter, and I live at 1086 Northeast 91' Street, in unincorporated Dade County. I have been working for the Fire Department now for about 13 years. I would like to complement the Mayor on one thing. The Mayor kept the Manager for several months, the Manager that was appointed by a previous Mayor, something he didn't have to do. And if we're going to talk about stability, there will be no stability until the Mayor has someone that's on his team working with him. It's like asking President Clinton to keep President Bush's Chief of.. former Chief of Staff. Now, there has to be one boss in the City, as in everything. There is one boss in the Fire Department, and a chain of command goes down from there. If the boss and the employee cannot work together properly, then the employee must go. That's an unfortunate situation, but that's a fact of life. I would like to support the Mayor on this, and I think that the majority of the firemen support the Mayor on this. And that's all I have to say. Thank you. [APPLAUSE] Mayor Carollo: No clapping please. Mr. Clerk, who else do you have? Mr. Foeman: I have Joanne Tomarchio: Ms. Joanne Tomarchio: Hi, good evening, Commissioners. My name is Joanne Tomarchio. I live in Coconut Grove for the last ten years on Poinciana Avenue. I would like to direct a ques... two questions to the Commission. My first is that, why has the Commission been unable to exercise its duties in compliance with the City's Charter and openly support the Mayor's right to appoint his own City Manager in place of one inherited from the previous administration? As is the case with any CEO (Chief Executive Officer), the right to choose and assemble a team in sync to realize certain objectives is a basic tenant in achieving success during a tenured position. Most certainly, Commissioners, you agree with this principle because I do not believe any of you are working with the staff of your predecessors. So why is this viewed as an option for the Mayor instead of a right of his office? And with respect, with all due respect, to Mr. Garcia - Pedrosa, I don't understand why a man of his experience and expertise fail to recognize that a change in leadership necessitated a gracious and dignified departure from his office so as to allow for a smooth transition of City government. I have been here as I said for ten years in Coconut Grove. I have lived in the City for twelve years. I am originally from New York. This City has a lot to offer. It's about time, gentlemen that we prove to the residents of Miami, to the state, to the nation, and to the rest of the world that we can act, and we can govern with dignity. Thank you, very much. Mr. Foeman: Karen Beckwith. Ms. Karen Beckwith: Hello, my name is Karen Beckwith. Address 3651 Lowquatt Avenue, Coconut Grove. I am also a 13-year City employee, a Captain with the Fire Department, but more importantly tonight, I would like to speak as a citizen of this community and to represent members of my family who could not be here tonight. We own four properties in the City and 9 June 5, 1998 have all lived here, and have been living in the City for 19 years. I would like to focus my comments on just the issue tonight, and those comments have been very well expressed by several people already. We are here as a community member tonight to overwhelming support the Mayor and his opportunity to help move this City forward at this time. He certainly deserves the right to appoint his own City Manager, that he knows that he can work with and trust. We would like to overwhelmingly support the choice that you made at this time in Chief Warshaw. This is to cast no expersions at all on Mr. Pedrosa or on his character. That is the reason why he negotiated such a wonderful benefit package just in case a situation like this arose and he knew he would have to make the graceful exit that she suggested, but you deserve the right and the opportunity to appoint people that you can work with to finally move this City forward. And myself, my family and the members of our neighborhood are here to overwhelmingly support you for that. Thank you. Mr. Foeman: Tucker Gibbs. Mr. Tucker Gibbs: Good evening. My name is Tucker Gibbs. I live at 2531 Swanson Avenue in Coconut Grove in the City of Miami. And I too, want to lend my support to the Mayor and his right to choose a City Manager to work with. I think it is a matter of fundamental fairness to allow the Mayor as everyone here has said just about, tonight, to choose a man or a woman that he can work with and he can make this City move forward with. And what's happening is, the City has over the past several months had one, two, three... I don't know how many City Managers. This City Commission has approved or has tacitly accepted every single one of them. Excuse me, Mr. Plummer, I will tell you, that I don't know which you... Did you overrode.... override Mr. Ruder? Did you override any of these? Did you override Mr. Marquez' ouster? Vice Chairman Plummer: Mr. Gibbs, as always, you're wrong. I voted against Mr. Marquez. Mr. Gibbs: When he was appointed initially. But did you vote against his ouster? Vice Chairman Plummer: I voted against his package and Mr. Marquez, but that's not the issue this evening. Mr. Gibbs: Right. The issue... Vice Chairman Plummer: You're wrong as usual, so go ahead and proceed. Mr. Gibbs: The issue.... The issue is an override. That's what I am talking about. Have... has this Commission ever overridden a Mayor's selection or a Mayor's firing of a City Manager? I don't know of one since the Strong -Mayor came into being, and that's all I am talking about. What I am trying to say is, the Mayor deserves his choice. And that's all I am saying. I think it's fundamental and I... that's where I stand on it. Thank you. Mr. Foeman: Charlie Cox. 10 June 5, 1998 Vice Chairman Plummer: There is a difference between a Strong -Mayor and an Executive - Mayor. Mr. Charlie Cox: Good evening, Commissioners, Mayor. I won't sit here and tell you that I also believe that I also believe the Mayor has a choice to pick his Manager. And I can quote Commissioner Teele, I believe when Mr. Marquez was dismissed, and I have high regards for all of you and Mr. Teele that the Manager has a right to pick... I am sorry, the Mayor has a right to pick his Manager. Also, when I heard that gentleman speak, we've all forgotten that our ex - Mayor dismissed four Managers before he got to one. I will also say that Mr. Pedrosa and I came to an agreement, but that agreement, just like I said in the paper, was my idea that I went and came to all you, Commissioners two years ago with basically the same agreement lobbying all of you that were here at that time to settle Gates. At that time, we were one hundred and nine percent funded, we are now one hundred and thirty-seven point nine percent funded. And the City chose at that time to wait until we were better funded. I think we have a legitimate deal. I think we have a legitimate package that helps save this City and save... give a better benefit for the employees and the retirees. And I have stood before you for the last ten years and said, I will not cut off the head that lays a golden goose. And I will not do it again. And I ask all of you, and Mayor, I look at you in the eye, and say to you, if Humberto Hernandez runs again, I will support him because he was good for the employees. But I also say to you that you have the right to choose who your Manager is, just like Mayor Suarez did with four of `em. Thank you. Mr. Foeman: Juan Vazquez. Mr. Juan Vazquez: Mr. Mayor, and the Commission, good evening. My name is Juan Vazquez. I live in 3127 Southwest 25`' Terrace, Miami. I come here tonight as ambassador to support Mr. Garcia -Pedrosa in representation to the many friends in the Little Havana. I come only with one thing, that the whole Commission sinking in the City of Miami. In this moment, the City of Miami needs a man that paves a good way for the City of Miami. This man is Mr. Garcia - Pedrosa. Miami needs your help, Commissioners. I don't know if the Mayor lost Miami or lost him. But, Mayor, sinking Miami, the whole family of Miami. If you think that the Mr. Garcia - Pedrosa, Miami no love him, my proposition is that you make election between you, and Mr. Garcia -Pedrosa, if the City of Miami wants Pedrosa in the election, and the Miami want you. Thank you, and God bless you, Mr. Mayor, for you all your family. Thank you, all Commissioners. Mr. Foeman: Robert Flonders: Mr. Robert Flonders: Good evening, I am Robert Flanders from Palm Bay, that's Northeast 696' Street. Fellow Miamians, Mr. Mayor, our Commissioner, Mr. Plummer, and the other Commissioners. It's a pleasure to be here tonight to say that... well, actually I am a co-founder and vice president of the Upper Eastside Miami Council, but that is an a political organization, so it cannot have an opinion on this subject. But as the elected representative of almost 800 homeowners at Palm Bay, I want you to know that we strongly support and applaud Chief Donald Warshaw as Mayor Carollo's choice for Miami's new City Manager. There cannot be a more competent or better respected public servant in all of Dade County. Every chief executive has the 11 June 5, 1998 right to choose their closest managers. As Miami's first elected Strong -Mayor, Mayor Carollo has the right to choose his management team. However much we may have admired Mr. Garcia- Pedrosa's abilities, his apparent lack of cooperation with the Office of Mayor justifies a change. Mr. Mayor, your choice of Chief Warshaw is a sound business decision and sends out a clear message that it's not business as usual in the City of Miami. We have complete confidence in Donald Warshaw's ability to help you continue Miami down the path to fiscal stability and growth. I am willing to bet also that he has zero tolerance for corruption as well. Thank you. [APPLAUSE] Mayor Carollo: Please, no clapping. No clapping, please. Go ahead. Mr. Foeman: Annette Eisenberg. Ms. Annette Eisenberg: Good evening. My name is Annette Eisenberg. 1180 Northeast 86th Street, since 1950. I have seen a lot of Managers. I have seen a lot of Commissioners. I have seen a lot of things happen in the City of Miami. I am extremely distressed to think that we go through all these changes that reflect badly on the City of Miami. As you know, I fought diligently to save the City of Miami, and I think I would do it again if I had to. I have complete confidence in our Mayor. I have complete confidence in his decisions. I don't want to see three and a half years... because our Mayor will be here three and a half years longer, and maybe another term after that, of discord between the Mayor and somebody sitting in this seat. I don't care if Mickey Mouse sits in this seat as along as the Commission and the Manager work together. I also believe that Donald Warshaw will do his very best, and if Donald Warshaw didn't think that he could do it, he would never assume it. And I also feel confident enough to know that if Donald Warshaw ,or the Commission, or the Mayor found somebody that had exceeded his abilities, that he would voluntarily tell you that. Please, I... As a long-time resident, 48 years, let's have a harmonious Commission. Let's have a Manager who looks to help the City of Miami and not his own benefits, and not only his own personal comforts upstairs, there. Let's think about the City of Miami for a change. We have all been disgraced with what's going on. Let's try to turn over a new leaf and give a vote of confidence to our Mayor. Thank you. Mr. Foeman: Tom Gabriel. Mr. Tom Gabriel: Fellow Commissioners, or Commissioners, Mayor and everybody here. I want to let you know that we all agree on one issue. And that issue is, that we have a crisis. We have a leadership crisis when we have two people that are fighting, that are a part of the Charter. We have a leadership crisis when we... we may have a serious chance for the Commissioners to override the Mayor, and that's a problem. In each of the crisis in the past, and we... we have faced a lot of crisis in the last ten years. Probably since 1991, we've been in a financial crisis every two years. And certainly, we have had some leadership problems where we have had a lot of turnovers under.... under some unfortunate circumstances. But we have made it through each one of these crisis because we have worked together as a team. And that team consisted of the Mayor, under a different format, but nevertheless the Mayor and the Commissioners, and the administration of the City through the City Manager. And we have managed to get through that. 12 June 5, 1998 We are working as a team with all of those and the employees. We have been through crisis after crisis, but no true union crisis where the union is fighting the City or fighting the administration. Because the employees have backed off and said, we're in a time of need. I think the City is in a time of need right now. I think we need to bury this political crisis. I think we need to work together as a team. And I am telling you, it's pretty obvious to me, whether it's through the paper, the radio, through what I see and from personal conversations that the Mayor and Mr. Garcia -Pedrosa cannot work together as a team. So, there is a problem there. I can tell you personally, through the IFF (International Association of Firefighters) firefighters, I don't know if I can work with Mr. Garcia -Pedrosa because he hasn't talked to us. I have had one meeting with him. I think that's a problem, and we're in a middle of a crisis. He should be talking to us. I think that we need to work together as a team to get through the current financial crisis, this current leadership crisis. There is no secret that we support the Mayor, and we've supported him through a lot of ups and downs, I guess you would say, over the last couple of months. But its also no secret that we have supported almost everybody here at one time or another. We cannot support Mr. Garcia -Pedrosa. He has not worked with us. He has not worked with the Mayor. I understand he's worked pretty darn good with the Commissioners, and I guess that's an issue that we have to resolve. But I think that over the years, we have had a lot of changes, but it's time for one last change. And I hope it's the last one because I am pretty tired of it. I am getting tired of waking up early in the morning and running out in my bathrobe and looking at the paper to see if we're still around. I have to tell you that we need one last change to have a united team. Someone the Mayor can work with. Someone the Commissioners can work with. Someone the citizens can work with. Someone the employees can work with. And Mr. Garcia -Pedrosa does not appear to be that person. He seems to be capable. He's educated, but he does not seem to fit this glove. This team that we have here. And I am asking you one last time, support the Mayor. Support the Mayor tonight, pick a Commissioner, get a full team. Pick a new Manager, and we happen to think as firefighters, that Mr. Donald Warshaw, Chief Donald Warshaw is the person that could fill that void, that could be part of a team. He's shown that. However, if that's not your choice, pick someone you can deal with, but let it be someone all of the team can deal with. Thank you, very much. [APPLAUSE] Mayor Carollo: Thank you. No clapping, please. Do you have anyone else, Mr. Clerk? Mr. Foeman: No, Mr. Mayor. Mayor Carollo: OK, then, this portion of this meeting, the public participation will now be closed. Commissioners, how would you like to proceed from here on? Commissioner Regalado: Whatever you... Mr. Mayor, if you want to, I would be able to make some comments or any members of the Commission... Whatever you want to do, Mr. Mayor, and... Mayor Carollo: Well, why don't you start, then, Commissioner, make some comments and we'll go right on down the members of the Commission. 13 June 5, 1998 Commissioner Regalado: First of all, I think that most of the people here know the way I think. I have, as a member of the media... I have been in media a lot during these days because of this crisis. So it may... might not be secret the way I think. I just want to make some very brief comments, Mr. Mayor and members of the Commission. I have seen members of the different unions here and I would like to correct my friend Tom Gabriel because the Firemens' unions never supported me during my only and first election, nor, nor the employees. As a matter of fact... As a matter of fact, Mr. Charlie Cox had a very good working relationship with Cesar Odio and it was public, it was known that I was ready to be the vote that would fire Cesar Odio, before, before he was indicted. And it was in the Mayor's house that we met, and I spoke to you Charlie, and to Shorty, and I understood because, although I was a novice in politics I, you know, I had been in the street a lot, so I understood that I would never get your support. So I, I really think that it's a matter of who do you work best with, and I think that Mr. Pedrosa should have talked to the members of the unions, to the leaders of the unions more often. That's something that I agree with you, and I hope that him or any Manager would have better communications with the members of the unions. The employees of Miami have suffered a lot during this crisis, but you know, it was because of the employees of Miami, because this Commission refused to reduce services that we had to impose fire fee and taxes on the citizens on Miami, on the poor people of Miami. You have given a lot. But the people of Miami have also given a lot to save this City. I... Commissioner Teele: Commissioner, would you yield? Commissioner Regalado: Yes, sir. Commissioner Teele: I wish you would make it very clear that when you met with Mr. Gabriel at the Mayor... Commissioner Regalado: I was not elected. Commissioner Teele:... you were a candidate. Commissioner Regalado: I was a candidate. Yes, yes. Commissioner Teele: Right. Commissioner Regalado: I was a candidate. There was no violation whatsoever. After that... after that the Mayor... Mayor Carollo: Not with me, Commissioner. Commissioner Regalado: Absolutely not, Mr. Mayor. And I can... I can say that and he's been, the Mayor has been very clear in that issue, always. To finish, I think that the Mayor of the City of Miami whom I supported and whom I will support in many other issues, has the right to have his own person as a City Manager. However, I disagree of the timing. I disagree with the Mayor 14 June 5, 1998 and the moment of the firing. I think that a City cannot be saved by shock therapy. I think that everybody, at least in most of our community know that when the former Mayor, Mayor Suarez tried to fire Chief Warshaw, I went to the media, I brought to this dais, the issue, even though the Chairman at that time considered that was inappropriate. And I told the people of Miami to come here to support Chief Warshaw. I went all the way for Chief Warshaw because I think he is an honest person. I think he is the best Chief of Police that we ever had, and I have known many Chief of Police, not as an elected official, but as a journalist that I worked with them for more than 35 years, here in the City of Miami. I would not mind to see Chief Warshaw as a City Manager, but I would rather see Chief Warshaw as the Chief of Police because the major concern of the citizens of Miami, of the residents of Miami is crime, safety. We all want to feel safe, and Chief Warshaw is bringing that feeling to all us, the residents of Miami. So I think... to end Mr. Mayor, and it is no secret, I told you. I told you that you have the right to do it, but I thought that this was not the right time. I would hope that you and the Manager would have worked together. I don't know if this issue can be resolved, but as an elected official of the City of Miami, I think that I am expressing the views of some, if not, a lot of residents of the City of Miami. So, this is why, Mr. Mayor, I will be supporting Jose Garcia -Pedrosa tonight. [APPLAUSE] Mayor Carollo: Commissioner Teele. Commissioner Teele: I pass. Mayor Carollo: Commissioner Gort. Commissioner Gort: Tom, if you recall, the first time I ran, I didn't get the endorsement of the firefighters or the Police, or the unions at that time. I am sure you remember that, right? You supported Joe Carollo. But at the same time, that same evening, I called you all and I sat down with all of you and said, the politics is over, let's get working. I think... Mayor Carollo: By the way, Willy, if I can? When I came back as Commissioner, they didn't support me, either. But, you know... Commissioner Gort: So, we're even in there. Mayor Carollo: So don't take it personal, and I did the same thing you did. Commissioner Gort: The second time that we ran you all... we worked together and you all supported me. But I think it's very important to realize that the City Manager is appointed by the Mayor, but he works for all of us. We all get elected by districts but we represent the public of the City of Miami. I think this is not anything against the Mayor. I think the Mayor has had the support of this Commission all through the crisis, and although there was differences of opinions in the past, whenever you look at the record we've had, most of time, we voted as a team, 99 percent of the times. You're right, we had seven City Managers, and I think that's one of the reasons we have a lot of the problems, because we had about four different changes. But at the 15 June 5, 1998 same time, if you will recall, when they tried to fire Chief Warshaw, we said "no." And I also made the statement that I think that Chief Warshaw is a great person. Personally, I think I would like to see him also as the Chief of Police, not as a Manager. And once again, I had sat down with the Mayor and I told him upfront. Mr. Mayor, I understand, and you should have the person you want with you, but I think the timing is the wrong time. And that's the only thing, I'am... asked the Mayor to, please reconsider and those are the statements that I made. Mayor Carollo: Commissioner Plummer. Vice Chairman Plummer: Well, twenty-eight years, seven times, the Fire Department supported me. Seven times.... [APPLAUSE] Vice Chairman Plummer: Seven times the FOP (Fraternal Order Police) supported me. [APPLAUSE] Seven times AFSCME (American Federation, State, County, and Municipal Employees) supported me, and seven times Sanitation supported me. And not to put either of you down, so did the people of the City of Miami, I never had a runoff. Thank you for that. God, your ears. First let me make a comment aside from. I think Don Warshaw would be an excellent Manager, and I say that simply because of the fact the Manager, the Chief of Police is answerable to the Manager. And if Donald Warshaw someday were to become the Manager of this City, then in fact, I think he would make an excellent Manager because he has the experience. He has the knowledge and he has a great love of this City. Now, aside from that, we don't have the benefit of two Managers. We have one, one Manager. And as I listen to people speak about the Mayor's Manager, nobody spoke that that same Manager is the Manager for... of the Commission. So it's got to be someone who is compatible, both with the Manager... I mean, excuse me, with the Mayor, and with the Commission. Likewise, the City Attorney. We have one City Attorney, he is the Mayor's City Attorney, and he is our City Attorney. Now, my vote tonight would be to restore Pedrosa, and I say this in all honesty. Each and everyone of us have to sit back and make our judgment predicated on our experience with the individual. I can only answer as he dealt with me, I can't speak without any great... how he dealt with Mr. Gort, or Mr. Teele. I know there was problems to... with the Mayor, I don't know the full extent. But I am saying to you that when he dealt with me, he dealt as a professional, he dealt as a gentleman and I got many things done in my district. So for that particular reason, my vote tonight will be predicated on him as an individual in how he dealt with me as a Commissioner. Mayor Carollo: OK. Commissioner Teele, would you like to make a statement or not make a statement? Commissioner Teele: Thank you, Mr. Mayor, members of the Commission. I don't think there is any question that I am the sole Commissioner who did not enthusiastically support the appointment of Jose Garcia -Pedrosa. After a lot of discussion, I said I would offer a vote for him, but I made it very clear that I didn't support him. Not only that, I voted against his compensation package, and I voted against many of the activities or the things that were being done at that time. I was very clear then on one point, and I am more distressed tonight about Mr. Garcia-Pedrosa's 16 June 5, 1998 conduct having heard the discussions of the unions The one thing that I specifically asked the Manager was given his history on Miami Beach and given the opposition of the unions on Miami Beach would he pledge to work cooperatively with the unions. Tom, you remember I asked him that. I specifically questioned him at length about his poor relationships with the Fire Department... with the Police Department on Miami Beach as well as the overall union. I am... and Tom, I am appreciative that you've brought that again, because I think the citizen... the employees of the City of Miami have really suffered enough, and I think the unsong heroes of the City are not the elected the officials, or the Managers, or even the Mayor, who and I must acknowledge that Mayor Carollo, singlehandedly in my judgment went out and raised tremendous dollars as a citizen, not as an elected official, I witnessed this for the Save the Miami Campaign. And I think, were it not for Mayor Joe Carollo, there wouldn't be a City today in many ways. And so, I renew my concern about Jose Garcia-Pedrosa's relationship with the unions, particularly after tonight, the discussion. I want to shift though, because to me, this is not about Jose Garcia - Pedrosa or Mayor Carollo, and I am a little bit distressed that virtually everybody has discussed this as one or the other. To me, this is about the Constitution of the City of Miami, the Charter. And I think, nowhere in America should democratic principles be understood and recognized more so, than in the City of Miami. Because Miami is indeed, a City of immigrants. We had tonight, a very distinguished gentleman from the Nicaraguan community to come up and discuss his views and in many ways the kinds of things that go on at City Hall in Miami, or City Hall at the Charter... at the County are replicated, not only in Nicaragua, and not only in Venezuela, but in the Bahamas and in Haiti as well. And I think we need to be very, very mindful as legislators, as to our responsibility. I am deeply troubled, Mr. Attorney, quite frankly by what I have observed since I have been a Commissioner here. There is no legislative authority that is being evidenced (a) by the agenda; by the agenda coordination. Every legislative body in America has the right to establish its agenda. And quite frankly, I think we're dealing with the old system of the Manager and there has not really been a clean break. And I think, Mr. Attorney, you need to go over and meet with the County Attorney, and I don't mean this in any disrespect, but.. But these Charters are very much alike. They are almost windows of each other. And we need to... And the Charter... the County is much further down the line in exploring this. We need to begin to create a legislative body here that is different from what we had before where there was a merger between the legislation and the executive. The Charter that everybody has talked about doesn't say anything that everybody has said it said. It does not say what you have represented. It says that in part, but it says more than that. The Charter says, specifically, that the Mayor may remove a Manager, subject to the Commission conducting a hearing, and the Commission overriding of the Mayor's actions shall be by a four -fifths vote. Now that's what it says. It doesn't say that the Mayor can remove the Commission. It doesn't say that the Manager... that the Commission can remove the Manager. It says that this is a check and balance process. And I think it's very, very important because the way you get a dictator type of mentality is when you don't understand the nature and the importance of a check and balance. This country, America, was founded on the principle of a check and balance. The thing that I believe we need to focus in on is the fact that the Commission under our Constitution has a specific obligation, not to support the Mayor, and not to support the Manager, that's our responsibility. We are not here to support the Manager or the Mayor. We are here to discharge our duties as a legislative body providing a check and a balance. And to everyone who wants to just quote this [phonetic] as you're for the Mayor, or you're for the Manager, will say right here and now, that I am for the Office of the 17 June 5, 1998 Mayor, as a Commissioner. I believe there must be an executive -Mayor, someone who has the authority to speak. I, more than anyone up here has pulled items off the agenda and said, I want the Mayors Office to be consulted on this. We did this the other day on some HUD (Department of Housing and Urban Development) matters relating to the appointment of a Commis... Because I believe that a check and balance is proper. I agree that Chief Warshaw is probably the finest civil servant, and best prepared to be the Manager in this City, and I commend Mayor Carrollo for naming him the interim. But I would... him to say this. I don't think that the Chief should ever be, whether it would be Warshaw or anyone else, should ever be in a position of having both jobs. I think the idea of having a uniformed police officer as the Manager is as just as repugnant to the Constitution of the United States, as the Chairman of the Joint Chiefs of Staff, being the Acting Secretary of Defense. And I want to say that for the record, because I am horrified that there are scandal sheets going around portraying Chief Warshaw in a very unfavorable light, comparing him to former war hero... war tyrant, etcetera. I don't think that's good. But, I do think having the Chief of Police as the Acting Manager and the Chief is a very, very, very bad precedent, particularly when the issue in the district that I represent is that we want civilian control over the police. And I think that's a very important precedent to establish. Mr. Mayor, I have said to you privately, as I say to you publicly. I want to support the Office of the Mayor, and I want to support Joe Carollo who I regard as my friend and as a person that I have supported long for many, many years, since 1981, I have supported him when I was in Washington. However, the Commission must review the decision to remove Jose Garcia - Pedrosa. And I have to reflect back on my experience as a second Lieutenant going to Vietnam where I had the misfortune of getting a racist, a man who was a racist to be my batallion commander. And he told me, he didn't agree with integration, this is in 1968. He didn't agree with a lot of the things. He had hated Adam Clayton Powell who at that time was a great congressman and doing a lot of things. And after our interview, he said to me, "even though I don't agree with integration, as your commanding officer, I will assure you, I will be the fairest person you will ever deal with." And I went on in Vietnam under Colonel Wynn to get the best efficiency report. I got the best assignments. I commanded a company as a lieutenant, and I commanded a fire base which was normally reserved for a major, based upon the fact that this man was fair to me. I agree with the other three Commissioners that the timing of the removal of Jose Garcia -Pedrosa is inappropriate and therefore, as a member of the Commission I will not support Jose Garcia -Pedrosa, nor will I support, Mayor Joe Carollo. I will support stability for the City of Miami in providing that the financial obligations that the City has in reporting through the Oversight Board and getting a budget before the Commission in September is done in a professional way. And therefore, I will support the continuity, at this time, for the retention of Jose Garcia -Pedrosa as Manager. [APPLAUSE] Mayor Carollo: How would the Commission would like to proceed from here on? You've all expressed yourselves. Gentlemen? Commissioner Regalado: Mr. Mayor, do we need a motion, or... City Attorney? Mr. Vilarello: Yes, a motion would be appropriate. 18 June 5, 1998 Mayor Carollo: That's what would be required, a motion and a second.. Commissioner Teele: Mr. Mayor, I am not going to make a motion. I would ask you... You've got a polling of the Commission, and if... if you wanted to take an action there wouldn't be the necessity for a motion. Mayor Carollo: I very much appreciate your suggestion, Commissioner, but my termination stands. Frankly, the time that there should not have been a change made was November of last year when we had a City Manager in Edward Marquez, that we were lucky enough to have during the worst year of this City. During the worst financial crisis that we ever faced and that was able to lead this City out of that financial crisis. That was the time that we should have kept stability and not switched horses. But at that time, no one wanted to know why the change was made. The statements that were made were that the Mayor deserved to have his own City Manager. Even if, like in the case of Mr. Marquez, we were going to have to pay a significant amount of severance pay which those Commissioners that were here at the time, three out of the four, knew that that was the only reason Mr. Marquez was willing to come if he would have had that severance pay attached to his contract and he did it up front, not afterwards. At the same time, the same reason was given when this body approved four others after Marquez for a total of five times the precedent was set by this body here, of giving the Mayor the right to choose a Manager. One of the key provisions of the new amendment to the Charter for an Eecutive-Mayor, one of the key intentions was, that while the Manager would work like he should, for both the Executive Mayor and the Commission, it would be the Executive -Mayor that would lead the Commission in choosing a Manager. If we go back through that whole process, one time, the second time, the third time, the fourth time, the fifth time, the precedent was set by this body, and no one questioned, no one questioned the right of the Executive -Mayor to choose this Manager. We want to talk stability, what happened to stability then? And, precisely for that reason, is a reason that I made the decision I did to terminate Mr. Pedrosa, because this City deserves that stability. This City deserves a Manager that could work with the top executives of this City, with the employees of this City, with the `Executive -Mayor of this City along with the Commission of this City. It was not an easy decision for me to make. It weighted on me tremendously. I knew the consequence, and believe me, I could count even before then, even though some here told me while I was still out in my absentee ballot vacation that when I would come back they would give me the right to choose my own Manager. Even though after I came back I was told by some that if we had to choose between your decision of keeping Pedrosa or not, we'll be there with you. I knew what the score was going to be. Fortunately, or unfortunately, I got involved in the political process at a very young age. So I, I knew what the score was and when I made the decision that I made to terminate Mr. Pedrosa. But, I made it for one reason and only one reason, because it was the best decision for this City. And that's what I based all my decisions on. I have expressed to each of you in our conversations before that point came and after the termination, that this is a situation that not only was it extremely unhealthy for this City, but a situation where we simply could not work together. I do not have the confidence. I do not have the trust in Mr. Pedrosa. I respect the ability that some think that he has, but frankly, I thought he would be grateful of the talk that we had, of the opportunity that I gave him with his head up in a dignified manner that I think every Manager should. But, you know the... the County does have an opening for a 19 June 5, 1998 Manager, and I am sure that's one area that he certainly could go to, and if he is that good, he will be chosen there. Having said that, I would just like to finish by saying that I respect my colleagues opinions. I understand very well why this has happened. You know, if there is one thing that I do understand is politics, and that's why I understood Mr. Garcia -Pedrosa well, because he was not a career administrator. Having said that, I did not want to do, because I do not think that that was the right way of going. I did not want to follow in the footsteps of the way that the termination was done in Dade County government. I don't believe that under our Charter the Executive -Mayor needs to go to an extreme to terminate a City Manager, and that's why I made the termination in the way that I did, face to face with him. Not by sending someone late at night. By terminating him back to several days earlier. I sat down with him, dealt with it in a dignified, professional manner, but the only reason that he did not take the steps that you would expect any City Manager to take, if they truly feel that they want the best for this City was for the same reason that he did not want to work with me during the more than two and a half months that I was here, giving him that opportunity. And that was, he felt that, in one form or another, he could keep votes. So having said that, we can proceed with the vote and, then, we can move on with the meeting. Surprised gentlemen? I am not... Call the roll, Mr. Clerk. Mr. Vilarello: No motion on the floor. Mayor Carollo: Is there a motion? Vice Chairman Plummer: No. Mr. Vilarello: There is no motion. Mr. Foeman: We need a motion. Mayor Carollo: OK, do we have a motion and a second? Unidentified Speaker: [inaudible -- off microphone] Mayor Carollo: OK, I thought Commissioner Regalado made the motion. Commissioner Regalado makes a motion Commissioner Gort: Second. Mayor Carollo: Commissioner Gort seconds it. Can you call the roll, please? Mr. Foeman: What's the motion, Commissioner? Commissioner Regalado: The motion is to reinstate, use the word "reinstate" Jose Garcia - Pedrosa, not the word "override." 20 June 5, 1998 Mr. Vilarrelo: Well, I am sorry, Commissioner. The resolution will have to state "override." Your... your statement that it is a reinstatement of the Manager is fine, but the resolution will have to read "override." Commissioner Teele: Why does it have to be that? Mr. Vilarello: That's the Charter language that the Commission... It's subject to the Commissioners overriding the Mayor's action by a four -fifths vote. Specifics... It's the specific language of the Charter. Mayor Carollo: The City Attorney is correct. Mr. Foeman: Roll call, Commissioner Regalado. Commissioner Regalado: Yes. Mr. Foeman: Commissioner Plummer. Vice Chairman Plummer: Yes. Mr. Foeman: Commissioner Gort. Commissioner Gort: Before I vote, I would like to make a statement. I want to make sure that the City Manager understands that he has got to work with this Commission, and he's also got to work with the Mayor. And I think if we have to get involved directly, we will do it, and I will do that. I will sit down with the Manager, and I will also let him know that one of things we had going our way was the labor management team that we had in the past that worked very closely together with the Manager and with the unions, and those were the reasons we were able to solve a lot of the problems that we solved in the past. And think the Manager better get the message that he better call the unions and get together with the unions because he needs to do that. Yes. Mr. Foeman: Commissioner Teele. Commissioner Teele: Well, I hope Commissioner Gort, the same thing goes for my office, because I don't feel that the Manager's Office has fully worked with my office. I have specifically asked for an ordinance, for example on the recycling, that hasn't been done. I mean, there are just any number of areas... the issue relating to the County and the City with the fees. I don't have the rapport that my three colleagues have with the Manager. I respect him, but I want to be very clear on the record, that not only do I expect the Manager to work with he unions, I expect him to work more closely with my office as well as first and foremost being differential in working with the Office of the Mayor.I vote, yes. Mayor Carollo: All right. This... The motion passes. This portion of the meeting is now over. 21 June 5, 1998 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-547 A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THOSE COMMISSIONERS IN OFFICE, OVERRIDING THE MAYORAL ACTION WHICH REMOVED THE CITY MANAGER ON JUNE 1, 1998. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Arthur E. Teele, Jr. Commissioner Tomas Regalado Vice Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. 2. APPOINT JOE SANCHEZ TO FILL EXPIRED TERM FOR COMMISSIONER, DISTRICT III. Mayor Carollo: We will now come to the item that was regularly scheduled for seven thirty, and that's the appointment of a new Commissioner. Vice Chairman Plummer: Mr. Mayor, I nominate, Mr. Joe Sanchez. Unidentified Speaker: Joe Sanchez. Joe Sanchez. Mayor Carollo: OK, if... Unidentified Speaker: Mr. Sanchez. Mayor Carollo: If I...? If I may, Commissioner? Please, if we could keep the clapping down. Yeah, Commissioner, why don't we do this, let's wait for people to walk out. Let's just... Stay here, OK, so that we don't... Commissioner Teele: You got a resume on site 22 June 5, 1998 Vice Chairman Plummer: I have one in my office. Would my office, please bring in a resume on Mr. Sanchez? Mr. Mayor, a very find restaurant that I eat in every night is in danger of closing by... I don't have any I quit. I quit. Mr. Teele, did you receive what you asked me for? Commissioner Teele: Thank you, Commissioner I did. Mayor Carollo: If I may? We are going to begin now, so if everyone could take a seat so that we could proceed this next section of the meeting in an orderly process. Thank you. Vice Chairman Plummer: Mr. Mayor, once again, if I may, so there was no mistake, and I have offered...? Mayor Carollo: You... You cannot, Commissioner. Vice Chairman Plummer: I... Mayor Carollo: Let me explain the ground rules. Vice Chairman Plummer: All right, the ground rules. Mayor Carollo: Thank you. Thank you, J.L., and then you could go with your nomination. Vice Chairman Plummer: Again. Mayor Carollo: The way that I think will be the best way to proceed would be to have a Commissioner nominate, make a motion for the respective candidate that they would like to have. Someone to second it, and we vote. If that person does not get the required votes, then we bring up another nomination and go back to the first one when the time is appropriate if the votes are not there for the other nominations. Then, I would have the City Clerk call the roll so it could be done in an open manner and everyone could know whom they're voting for. Commissioner Plummer, go ahead, I am sorry. Vice Chairman Plummer: I am asking the City Attorney, I don't think it's required for a second of a nomination, but irrespective. Mr. Mayor, I have had the opportunity with any number of people who have expressed an interest and some who did not have an interest over these past few days as to the availability of persons who were running. I think District III has some very fine people who are interested in being a City Commissioner and representing that particular district. I have talked to no less I think than six or seven different people. And for my particular choice, Mr. Mayor, I am nominating, Mr. Joe Sanchez, who in fact presently serves one of the districts known as the Roads Section. He is the president of, I don't know if it's the Homeowners and Civic or Civic and Homeowners, or... but it's the Roads Section. He is the immediate president of the Hispanic Troopers. He was a Florida Highway Patrolman. He has administrative ability, and for that reason, Mr. Mayor, I am honored to proffer his name for District III Commissioner. 23 June 5, 1998 Mayor Carollo: There is a motion by Commissioner Plummer for Mr. Sanchez. Is there a second? Vice Chairman Plummer: I don't think it requires a second. Mayor Carollo: It does now. Vice Chairman Plummer: OK. Mayor Carollo: Is there a second? OK, I hear no second. Commissioner Teele: Mr. Mayor. Mayor Carollo: Yes, sir. Commissioner Teele: I want to try to... you know, I don't like these Miami rules. I am going to tell you that. This is very, very uncomfortable. I mean, I really think we ought to try to conform that represents a, a... parliamentary structure. Now, I am not voting against anybody. I am not going to let you or anybody else put me in a position where I am going to vote for or against someone. I respect everybody whose name could be put up here. I don't know whose name Commissioner Regalado is going to put. I don't know which name Commissioner Gort is going to put. I want to be in a position to vote for somebody. So, it's a lot of difference between voting for one name and everybody voting "yes" or "no." I don't want to be in the position of voting against anybody whose name is submitted. I want to be in the position of voting for a name. Mayor Carollo: OK, if that's the way that you might want to do it then... then let's do it another way. One, no, no, let's... I want it out in the open. That's the one thing I want, out in the open, so... Commissioner Teele: Mr. Mayor, you can have anything... I mean, you know, you can vote into a... Look, it's real simple. There's procedures all over America, we don't need to start making up stuff now. Mayor Carollo: You're correct, we don't. Commissioner Teele: There is a ballot. We ought to have a ballot. If we want to write our name on the ballot, I'm willing to do it. I have no problem saying who I am voting for. I have no matter... problem voting orally for who I am voting for. I don't want to be in a position of voting against Commissioner Gort's nominee, or... Mayor Carollo: I... I under... I understand that. Commissioner Teele: Yeah. 24 June 5, 1998 Mayor Carollo: What I am saying again is, and you just clarified it for me that you have no problems in voting for someone orally. What I would then suggest is, if the majority of the Commission feels comfortable in doing it the second way, and that is to have each Commissioner nominate the person that they would like submit their names publicly and then the City Clerk could call the roll and each Commissioner can orally express whom they would want. Vice Chairman Plummer: Excuse me. Maybe I am dumb. But, would a Commissioner not vote for the name he proffered? Mayor Carollo: It's happened before. Commissioner Gort: You would be surprised. Mayor Carollo: I don't want to go remind you some meetings in the past, but it's happened before. Commissioner Teele: Mr. Mayor, may I inquire of the attorney, how many votes does it take to elect the person. Mr. Alejandro Vilarello (City Attorney): A majority. Commissioner Teele: So, in other words, if I were to get up and walk out, three people could determine? Commissioner Gort: Right. Commissioner Teele: In other words there is no requirement that in that there are four Commissioners that three people must...? Vice Chairman Plummer: I'll go first. Mr. Vilarello: A majority of the remaining Commissioners in office. Mayor Carollo: That's four Commissioners. Vice Chairman Plummer: That's four. Commissioner Teele: No. Mayor Carollo: Which means you need three out of four. Commissioner Teele: No. That means three out of four. Mayor Carollo: That's correct. 25 June 5, 1998 Commissioner Teele: OK. It means three out of four. A majority of the remaining, not the majority of the ones present. But the majority of the remaining. Mr. Vilarello: The majority of the remaining Commissioners. Vice Chairman Plummer: We did that. Mayor Carollo: In other words, one, two three, four. Commissioner Teele: In other words, if I leave it's still going to require these other three Commissioners... Mr. Vilarello: Three. Commissioner Teele: ... to get three people. Mayor Carollo: Exactly. Good-bye, Commissioner. Commissioner Gort: Mr. Mayor. Commissioner Teele: The other point, Mr. Mayor, and I'll be... I am through. Is it the intent of the Commission to swear the successful nominee in tonight, if a decision is made tonight? Vice Chairman Plummer: Why not, I asked the question, why not? Mayor Carollo: Well, it could be done, J.L, but you know what I would suggest to give them... Vice Chairman Plummer: OK, we normally get a free lunch out of it, but... Mayor Carollo: To give them the time to get their family members here and do it a more dignified, honorable way, so that, you know they could always remember this occasion. If we... Commissioner Teele: Mr. Mayor, I... with all due respect. I would prefer that we agree before we vote, how it's going to be done, and my preference would be to allow the nominee to decide. It's his show, if he wants... If he or she wants it next week... Mayor Carollo: Well, that's fine, that one... that's one suggestion. But if I may? If I could suggest that it could be done... Commissioner Teele: ... he or she wants it next week. Vice Chairman Plummer: That's agreeable. Mayor Carollo: Well, that's fine. 26 June 5, 1998 Vice Chairman Plummer: That's agreeable. Mayor Carollo: That's one... that's one suggestion, but if I may? If I could suggest that it could be done at... Well, we have a deadline of Sunday, though, right? If they are now sworn in by Sunday. So it has to be Sunday, I would imagine. Vice Chairman Plummer: Yeah, well, I have got news for you. If you could do till tomorrow, you better do it at the cemetery because that's where I am going to be. Mr. Vilarello: Within ten days, and that's Sunday. Mayor Carollo; Yeah. Yeah, they have... to be sworn in on Sunday, correct? Vice Chairman Plummer: You bunch of heathens. Mr. Vilarello: Shall be filled.... Shall be filled within ten days after such vacancy occurs. Mayor Carollo: Which means sworn in, or not? Mr. Vilarello: You all can select anytime between now and Sunday. Mayor Carollo: Right. But it has to be done by Sunday at midnight. Mr. Vilarello: Let me use a funeral home tactic for you. Mr. Walter J. Foeman (City Clerk): That's not true. Vice Chairman Plummer: Let me use a funeral home tactic for you. Take the nominee into the room of the Clerk, swear him and, then, we'll do it ceremoniously. Mayor Carollo: Yeah, that's fine.. Vice Chairman Plummer:. Tokenism on Monday or Tuesday or whatever day is most appropriate. Mayor Carollo: Yeah, that's just a good way of doing it. Vice Chairman Plummer: Then, I'll bury him six feet deep after that. Don't worry about it. Mayor Carollo: All right, now that that's settled. I will open up the floor for nominations from the respective members of this body. Commissioner Regalado: Mr. Mayor, I received a letter from Miriam Alonso, Jr., and in that letter she says that she is interested in that position and she would be in a position of a caretaker 27 June 5, 1998 of District III until the next general election; that she has no intention of running in the upcoming election for the seat. So, I nominate Miriam Also. Mayor Carollo: OK, Commissioner Regalado nominates Miriam Alonso. Someone who I know, have a lot of respect for, and frankly, if it hadn't been for a lot of what we all know now that happened, the showing would have been quite different. Commissioner Gort: Mr. Mayor, let me ask you a question. Mayor Carollo: Yes sir. Commissioner Gort: My understanding is with this letter, of all the individuals who came to see me, all of them wanted the position except for one, as a caretaker. Mayor Carollo: Uh-huh. Commissioner Gort: So, I think maybe that's a decision we need to take, do we want a caretaker and let the election in November be taken, or are we going to select someone today that can run? Vice Chairman Plummer: I'll speak to that issue, Mr. Gort. My opinion, in fact, if we are able to choose someone who is a very fine candidate and serves the City well, I surely would have no problem with that individual running in November. Then, it will not be us making the decision, it will be the public, or the voters of District III who will be making that decision. Commissioner Gort: Right, OK. Mayor Carollo: OK. Commissioner Teele: On the point, I think that each of us can have our own philosophy about what we want. But I would maintain as a matter of clear, I don't want to say law, Mr. Attorney, that a person once they are here cannot be required to do anything once they have been... I mean, that infringes upon State Law. It infringes upon a person's right to serve. It infringes quite frankly on the voters. And while you or I may condition our support on a person based upon our philosophy, that is, whether we want a caretaker or not, I don't think that the Commission should try as a matter of policy, and maybe even a matter of law to make that a condition. And so, I am not comfortable with that. I think everyone should have their own philosophy, and I... I just would not like for us to try to resolve that as a resolution, Commissioner Gort. Vice Chairman Plummer: Especially, Mr. Teele, I have been around for two times where it was promised and it didn't mean anything. Mayor Carollo: Anyway, Commissioner Gort. Commissioner Gort: I don't have any nominations. 28 June 5, 1998 Mayor Carollo: Commissioner Teele. Commissioner Teele: Well, it was my understanding that someone was going to nominate, Commissioner... Mr. Dio Garcia. Diego Garcia. I don't know the gentleman personally, but I am very impressed with his resume as a retired principal, and I think the area of gang violence which is a particular problem in District III was going to be heard. But, if nobody is going to nominate him, then, I certainly want Mr. Garcia to know that I hold him in very high regard as I do the other two nominees. Mayor Carollo: OK. All right, can you call the roll, Mr. City Clerk? Mr. Walter J. Foeman (City Clerk): I need a seconder on Commissioner Regalado's motion. Mayor Carollo: Well, there is no second. We're just... Commissioner Gort: There is no second anymore. Mayor Carollo: There is no second anymore. Vice Chairman Plummer: You don't need it. Mr. Foeman: OK. OK. All right, roll call. Commissioner Regalado. Commissioner Regalado: Excuse me, are we saying the names of the...? Mayor Carollo: Yes we're saying the names out loud. Commissioner Regalado: OK. Miriam... Commissioner Teele: Are you ready to vote? Commissioner Regalado: Yeah, I am ready to vote. Commissioner Teele: May I inquire? I promised this, Mr. Mayor, I forgot. My aide just told me that I would offer a name, a nomination providing it's legal, and that is, Mr. Clerk, based upon the affidavits, is Mr. Manuel Gonzalez-Goenaga a... Vice Chairman Plummer: Oh.... [APPLAUSE] Commissioner Teele: Does he live...? Does he live in the district? Mayor Carollo: He... He doesn't live in the district, I don't think. 29 June 5, 1998 Vice Chairman Plummer: No, no, no. Nah, nah, nah. The institution he lives in is out of the district. Mayor Carollo: Excuse me, gentlemen. Come on, now. Come on. Mr. Goenaga. Mr. Goenaga, please. Commissioner Teele: I met my obligation. Mayor Carollo: Thank you, Commissioners. No, it's... You live in District IV, Mr. Goenaga, thank you. All right. Mr. Manuel Gonzalez-Goenaga: No, I moved to Estrella Rubio's house. Mayor Carollo: OK, well... My condolences. Mr. Gonzales-Goenaga: Discrimination. Good-bye. Mayor Carollo: All right, can you call the roll, Mr. Clerk? Mr. Foeman: Roll call. Commissioner Regalado. Vice Chairman Plummer: Oh, Teele, you are nuts. Commissioner Regalado: I am sorry. Mr. Foeman: Commissioner Regalado. Commissioner Regalado: Miriam Alonso. Mr. Foeman: Commissioner Plummer. Vice Chairman Plummer: Sanchez. Mr. Foeman: Commissioner Gort. Commissioner Gort: Miriam Alonso. Mr. Foeman: Sorry? Commissioner Gort: Miriam Alonso. Mr. Foeman: Commissioner Teele. Commissioner Teele: Sanchez. 30 June 5, 1998 Mayor Carollo: OK, any further names that would like to be nominated? Hearing none can you call the roll again, Mr. Clerk? Mr. Foeman: Roll call. Commissioner Regalado. Commissioner Regalado: Miriam Alonso. Mr. Foeman: Commissioner Plummer. Vice Chairman Plummer: Sanchez. Mr. Foeman: Commissioner Gort. Commissioner Gort: Miriam Alonso. Mr. Foeman: Commissioner Teele. Commissioner Teele: Sanchez. Mayor Carollo: OK, any further names that would like to be nominated? Hearing none, can you call the roll again? Mr. Foeman: Roll call. Commissioner Plummer. Vice Chairman Plummer: Send a letter to Sanchez. Mr. Foeman: Commissioner Gort. Commissioner Gort: Miriam Alonso. Mr. Foeman: Commissioner Teele. Commissioner Teele: Sanchez. Mr. Foeman: Commissioner Regalado. Commissioner Regalado: Miriam Alonso. Mayor Carollo: Any further names that would like to be presented for nomination? Commissioner Gort: I am not going to be here all night. I mean, we're not going to come to an agreement on this. As a caretaker, I would like propose Diego Garcia, the principal of Miami High. 31 June 5, 1998 Mayor Carollo: There is a nomination of Diego Garcia before us also. Besides, the nomination of Miriam Alonso, and Joe Sanchez. Call the roll. Mr. Foeman: Roll call. Commissioner Gort. Commissioner Gort: Diego Garcia. Mr. Foeman: Commissioner Teele. Commissioner Teele: Huh? Mayor Carollo: It's the guy you wanted to nominate. Commissioner Teele: No, I didn't say I was going to nominate him. I said I was impressed. Mayor Carollo: Yeah, well, it's that time to find out just how impressed you are, Commissioner. Commissioner Teele: Sanchez. Mr. Foeman: Commissioner Regalado. Commissioner Regalado: Miriam Alonso. Miriam Alonso. Mr. Foeman: Commissioner Plummer. Vice Chairman Plummer: Sanchez. [APPLAUSE] Mayor Carollo: OK, any further names that would like to be nominated by anyone? Vice Chairman Plummer: Walter Mecardo. He doesn't live in the district. Mayor Carollo: And, by the way, if you want to nominate two, you certainly can. And maybe, some others would change their vote. Vice Chairman Plummer: Who? Nominate who? Mayor Carollo: If you nominate two people, you know... Vice Chairman Plummer: Oh. Mayor Carollo: ... you certainly have a right to. Vice Chairman Plummer: Of course. 32 June 5, 1998 Mayor Carollo: You could only vote one time though... Commissioner Gort: Right. Mayor Carollo: ... if you nominate two people. Vice Chairman Plummer: I don't vote absentee. Mayor Carollo: Can you call the roll, Mr. Clerk? Mr. Foeman: Roll call. Commissioner Plummer. Vice Chairman Plummer: Sanchez. Mr. Foeman: Commissioner Gort. Commissioner Gort: Well, it seems like he's the only individual who wants to run, wants to stay in there. So, I'll vote for Sanchez. [APPLAUSE] Mayor Carollo: OK Vice Chairman Plummer: Wait a minute, be quiet. Teele might change his mind. Mr. Foeman: Commissioner Teele: Vice Chairman Plummer: The catbird seat. Commissioner Teele: Why would I change my mind? What am I missing? Vice Chairman Plummer: I don't know. Mayor Carollo: Call Commissioner Regalado first while he's thinking. Mr. Foeman: Commissioner Regalado. Commissioner Regalado: True. Commissioner Teele. Commissioner Teele: Well... Commissioner Gort: Commissioners. Commissioners. Commissioner Teele: I vote for Sanchez. 33 June 5, 1998 [APPLAUSE] Mr. Foeman: Commissioner Regalado. Commissioner Regalado: Joe Sanchez. Mayor Carollo: All right. Vice Chairman Plummer: Mr. Mayor. Commissioner Gort: Mister... Mayor Carollo: It's unanimous vote for Mr. Sanchez. The following resolution was introduced by Commissioner, Plummer, who moved its adoption: RESOLUTION NO. 98-548 A RESOLUTION APPOINTING JOE SANCHEZ AS A MEMBER OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, DISTRICT 3, TO FILL THE TEMPORARY VACANCY CREATED BY THE SUSPENSION OF HUMBERTO HERNANDEZ, TO SERVE UNTIL SUCH TIME AS THE RESULTS HAVE BEEN DECLARED AND CERTIFIED FOR AN ELECTION TO BE HELD ON NOVEMBER 3, 1998, WHICH ELECTION SHALL ELECT A COMMISSIONER TO SERVE THE THEN REMAINING UNEXPIRED TERM OF HUMBERTO HERNANDEZ, SUBJECT TO POSSIBLE DISPLACEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Arthur E. Teele, Jr. Commissioner Tomas Regalado Vice Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. COMMENTS MADE AFTER ROLL CALL: 34 June 5, 1998 Commissioner Gort: Mr. Mayor. Vice Chairman Plummer: Mr. Mayor, if I may? Mr. Sanchez and his wife are in the audience. I think that it would behoove him to.... [APPLAUSE] Commissioner Gort: Mr. Mayor. Vice Chairman Plummer: Mr. Sanchez, you haven't been sworn in yet, would you come to the microphone, please? Commissioner Gort: Shouldn't we name the people that volunteer their names? We should mention them. The people that volunteer their names. Vice Chairman Plummer: Yeah. Ah... Commissioner Gort: Mr. Mayor. Mayor Carollo: Go ahead. Commissioner Gort: Excuse me. Vice Chairman Plummer: I think, Mr. Gort has a very good idea. Mayor Carollo: Eh...? What? Commissioner Gort: Hello. Hello. Vice Chairman Plummer: He wants to put the names of the other people on the record. Commissioner Gort: Hello. Mayor Carollo: Yeah. Commissioner Gort: J. L. J.L., hold it. J.L., hold it for a minute. Vice Chairman Plummer: Por favor. Commissioner Gort: Hello. Mr. Mayor... Mayor Carollo: Go ahead. Commissioner Gort: ... at this time I will also like to recognize the other individuals that called and volunteered their services. As a caretaker, they do not show they want to run. Beginning 35 June 5, 1998 with Diego Garcia, Jr., who is the Miami High principal for a long time and did a great job in this community. [APPLAUSE] Mayor Carollo: OK. Commissioner Gort: We had an attorney, Luis Fernandez, who also offered himself to come and help us over here. Mayor Carollo: Absolutely. Commissioner Gort: I want to thank him. [APPAUSE] Commissioner Gort: We had quite a few policemen. Chuck McQuewen also volunteered to... Mayor Carollo: Well, I don't think anyone is listening right now. Commissioner Gort: Yeah. Vice Chairman Plummer: Also, Mr. Gort, Xavier Cortarda... Commissioner Gort: Correct. Vice Chairman Plummer: ... did come and speak to me as well as Chuck Forman, and Mr. Cabarro. Eh? Yes, yes. Mayor Carollo: All right. I am going to just adjourn the meeting, Art. All right, this meeting now stands adjourn. Congratulations, Mr. Sanchez. 36 June 5, 1998 [APPLAUSE] THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 8:47 P.M. ATTEST: Walter Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK MAYOR JOE CAROLLO PRESIDING OFFICER/CHAIRMAN 37 June 5, 1998