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HomeMy WebLinkAboutCC 1996-09-16 MinutesiTI CLE ICE 0 r ,TV A$-%. INDEX MINUTES ES OF SPECIAL MEETING i I September 16, 1 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. I: T /D� M THE RMULK4LY DIS=S rC N 1-2 Sr'.�EZD * ram OF SEMWILt 26,e 1996 9/16/96 CCNSIDERAT=K W LASE AGF*2M ioTr WITH PANWE .ILMZ AM GNMM, Lam. FM WIEIOPMW OF , BUMMCM GAIMM C'K WAv Imo. 2. NOMINATE AM AMINr REVEREND RIaQM R 96-668 2--6 '�. lC�] Il � C�SSIC C1'F 9/16l96 30, F40EMY ORIi71NMCM: AVTROlVE klWrTC K ORDiWY M 6-7 DATE or N:iV.UMM 5, 1996 -- WM 11396 1996y�at 6:00 P.M. AS 61"���'1r�Y3�1���,Ryq 9/16/96 .. + :: " }3�0, �.Y'SG.IiIC i 1ir,S' iI'CI6'Y�LJiJLCt • ' 4. S'WEAnIW IN C: TY. FUR REVEREND DISWSSI(21 8 RIOVM 17W II -- AOC PrANCE SPEECH. 9/16/96 5. APPROW, S MVc 'fix C,YA Q 6-669 9-A.2 ($170,000). 9/16/96 APPfgW9 PIM SUENXIWD BY MERRETT R 96-670 12-17 s'rIEE mim 70 sLmr . :EM A PMKVWr 9/16/96 r.PT.Y MhHAM AT CJC:ATE $x5, 000 TO W RECRMMU FIRK M com7mr SEAMI --- NIThMPIZE NWGER M SEIB= CIE FIRK -- IlVT% ' RWRtJlWW .71%1 TO MF T , WM 1 C 4%, 9I(WR Fm nwm = pro f9U7U M CXWIDFNT7A1.ITv- OF C MIDAM. r MINUITIS OF SPECIAL MEETING OF THE CITY +COMMISSION OF MIAMI, FLORIDA Can the 16th day of September, 1996, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 35M Pan American Drive, Miami, Florida in regular session.. The meeting was called to order at 6:07 p.m. by Mayor Woe Carollo with the following members of the Commission found to be present: Mayor Joe Carollo Vice Mayor Wifredo Gort Commissioner Torras Regalado Commissioner J.L. Plummer, Jr. ALSO PRESENT: Merrett R. Stierheim, Interim City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk An invocation was delivered by Reverend Henry Nevin, after which Mayor Carollo led those present .in a pledge of allegiance to the flag. NOTE FOR THE RECORD: Commissioner Muller Dawkins was suspen y order of Governor Lawton Chiles on September 12, IOft Said seat, Commissioner Grotto+ V, was vacant dossing the beginning of this Cornmisssion meeting. __.__. 1. DISCGSSIDEFER TO THE REGULARLY SCHEDULED MEETINGFy O SEVrEMBER 26, 1996 C CONSIIDERAT ON' OF L1aA:E AGREEMENT WITH PARROT JUNGLE AND GARDENS, INC. FOR DEVELOPMENT OF BOTANICAL GARDENS ON WAnON IS, 0....... ..,,............................ *-------- ...... Mayor Carollo: There was one item that had originally been scheduled to be heard tonight wNch was the item on Parrot Jungle.. And, that was cancelled because the Law Department infibi mced the Circe of the City Manager and my office that they were not prepared to make all the,changes that nexded to be changed for this meetin*. So, if anyone, is here tonight on that item, please be, advised that that would neat be heard tonight. That won't be heard until the 26th, 1 September 1.6, 1996 which would be the next regular City Commission meeting that we will have. Having said that, let's trove on to the issue that we have before us tonight. r_s. .................1_...,...........,........y....,........................ ................................... Z NOMINATE AND APPOINT REVEREND RICHARD DUNN1 11 TO COMMISSIONER GROUP V, Mayor C:arollo: We all know that we presently have a vacancy in the City Cbmmission. The vacancy has been held for many many years by an African American. This, Commission, I think has had throughout the past years representative balance of all our major segtrrents of our community. And I made it cleat' from Day one, that I felt that the seat that is presently vacated should go to an African American. With that in mind, I asked one of our most distinguished former Commissioner, Ms. Athalie Range if site could call a meeting of the Black elected officials for forther elected officials so that they could recommend a name or names to this Commission of whom they thought this Commission should consider. 'There were two names that were proferred to me from the Black leadership of elected officials or former elected officials and those two names that I was asked to bring forth tonight to this Commission were the names of Richard Dunn and Carol Ann Taylor. They recommended for us to consider the names of Richard Di mn and Carol Ann Taylor. That is not to say that obviously each member of this Commission is !Free to chose whomever they might want or not to chose anyone and to ask for this to go to an election and not to appoint anyone during the two months before November the 5th. I think that would be a mistake. I think that we need to send a loud and clear and distinct message today, that this Commission wants to see art'African America in this seat. 'Mat we want to do what is fair, what is right and just and to make sure that we are also going to have a representation from 25% of our population in this Commission. The process that I would recommend to tiny colleagues that we follow tonight is, that we begin by having ballots where we can begin by either choosing between the two names that were proferred to us of Richard Duran ?r Carol Ann Taylor or choosing between those two names or any other names that each individual Commissioner would like to nominate. I think that the most direct way would be, instead of having nominations and second for us to just go straight to ballots. And each of us will write down whom we would like to see appointed to this seat and go from there. Laving said that I will like to open up the floor for any further suggestions or statements. vice Mayor. Vice Mayor Cort: Mr. Mayor I agree 100%, and one thing I want people to understand. One of the reasons Commissioner Dawkins was elected for 15 years, because Commissioner Dawkins had the votes from the Hispanics, the Anglos and the Black community. He has all three c ontmunWe proles. One of the reasons that will also he in favor while appointing someone today, although they will have to run on November 5th. But at least, they will have the opportunity to prove themseives to all of the community, to the Anglo community, to the Hispanic community and to mend bridges and bring us all together. We all have to understand that we have ,mostly ethnic communities in here and we have to be representative of Miami, all of Miami. For that reason, I will be. in savor of nominating someone today but at the saute time I give a few calls from different individuals and the two individuals that they mentioned... people that I talk to, I think anyone of those could be very good commissioners but I would like to add another name to it Mr. Mayor and that would be Darryl Reeves, who used to be a State Representative. He is part of this community and I would like to put that name also. Mayor Carollo: ''Vine Mayor dart, any member of this Commission has the right to mention and vote for any individual, the only thing that I would ask that we make doubly sure that any name is prof�nrd, is a resident and a registered voter of the City of Miami, 2 September 16, 1996 ra Vice Mayor Gort: My understanding is Mr. Reeves is a resident but... you can confirm that? Commissioner Regalado: Mr. Mayor. Mayor Carollo: Yes, Commissioner. Commissioner Re lado: There are people who might say that in the case of your election, this Commission decided not to appoint a person. That in my cafe, when we had the vacant seat that you left this convention decided not to appoint a person but rather go to an election. To those, I say that what we are facing here today is an extraordinary circumstance.. The City of Miami has gone through seveml weeks of rumois and then a special situation. And, we do need to bring a stable image to the City of Miami, This is why this is very different than the past two elections and I think that the people should understand this, and the people would understand this. Mayor Carollo: I fully agree with you, Commissioner. But I would add something in addition to what you stated. And that is, one of the major differences between the election for Mayor which we just had, the clection far Commission that you were just elected were we did not appoint anyone we brought it straight to an election, was that there was not going to be any community that was going to be tdisenfranchised from the process, from government. '3"ltat is ore rnejcir difference besides some of the other di%rences that you've mentboned. At the same time, in this rasa, whether we appoint someone or whether we decide not to appoint someone, there will be an election regardless according to what we' have to follow in our City Charter, which is our on Constitution, November the 5th. Regardless', there will be an election November. 5th. Therefore, I think that the best route this Commission can take and should take is to appoint someone. Commissioner Plummer. Commissioner Plummer: 1 have no problem. The three names are very fine and well known to me, I have had the opportunity to work with some of them. I think that we are looking at that person who might be chosen or will be chosen today is serving for three meetings. One more this month and two in October and then they will be up for an election and the people of this community will decide who they wish to chose. So, I have no problem with the process whatsoever. November the 5th is a regular election date, it wont cost the taxpayers any additional funds and I think other than that, the only thing we have to set is the deadline which I am told this afternoon by our Clerk that the last available date was October 30th, which was two weeks from today. So, that they would have they opportunity and time to get out the absentee ballot... Mr. Walter J. Foeman (City Clerk): September 30th. Commissioner Plummer: ,September 30th, I am sorry. Yeah, that's an awfull long time, September the 30th but that's the la�tg-st date that they could in fact get out the absentee and get the ballots prepared for the November 5th, So I really have no fiirther discussion. I think we have to know whether or not Darryl is a City resident or not and a registered voter and I am ready to vote, Mayor Carollo: Did Darryl, Can you come up to mike for me please. Can you site your address please? Mr. Darryl .Reeves: 525 N.E. 56th Street. I arm a registered voter there. Mayor Carollo: OK. 525, Mr. Reeves: 525 N.E. 56th Street. I am a registered voter there. 3 September 16, 1996 Mayor C.arollo; OK. And you are a registered voter in that address. Very good. Mr. Reeves: Yes, sir. Commissioner Plummer: Your precinct? It should be on your card. Mr. Reeves: 0& well I don't have my waliet with me so... Commissioner Plummer: I didn't mean to put you on the spot bia that's usually always the first question that's naked. Where. do you vote, Darryl? Mr. Reeves: Over there at the Church. Commissioner Plummer: At the, church, ply, Mayor Carollo: That to me sounds like a City of Miami address and I am certainly no one to it cl.ullen where an W lives if the • are givinga City of Miami address so... with the three names that have been givers or for that matter ny other names that any Commissioner here would like to vote for I will like to begin by marking our first ballot and for each of us to vote on the fist ballot for whomever we would like to choose. Can you read the names once you tabulate the votes, Mr. Clerk? And specify who... Commissioner Plummer: He's faster than the computer. Mayer Chrollo:... specify who voted for whom, but more accurate, Mr. Foemaa: Mr. Mayor. Mayor Carollo: Y. sir. Mr. Foeman: I have three votes for Richard Dunn. (APPLAUSE),,' Commissioner Regalado votes for Richard Dunn, Commissioner Plummier and you Mr. Mayor and I show one vote for Darryl Reeves, that's by Vice Mayor Gort. Vicc Mayor Cora: Mr. Mayor, at this time I would like to change my vote to show unanimous. (APPLkUSE) Mayor Carollo: I accept that. Commissioner Plummer: Second. (APPLAUSE) Mayor C.'Wrollo: Bold on, hold on. We've got a lot of work to do still. If everybody could sit down for a minute because we would like to swear hits in tonight. We need to make this official now so, I need for everybody to take their seat, please. We have to read some ordinances that are before ug so this could be official and then the City Clerk will swear him in. If I could ask the media please. We. have to finish this. It's not over yet. We will do it quickly so you could Interview the new Commissioner. CDIC, if I could give the gavel to the Vice Mayor and I would like to Tread the following ram.solution. " A reso6udon appointing Richard Dunn as a member of the City Commission of the City of Miami, Florida Group V to fill the temporary vacancy created by the suspension of Miller J. Dawkins and to serve until such time as the results have born declac.:d certified: for an, election to to held on November S, 1.996, which election shall elect the 4 September 16,1996 6 C'o>xmmiesioner to serer the then tetnaining urexpirrd term of Miller J. Dawkins subject to p vgibie replacement". Is there a second? Vice Mayor Gort: There is a motion. Is there a second? Commissioner Plummer: I second the motion. But let me make one thing clear b caitse I think there is something in our Charter that really needs serious look at. This roan is going to be up for election on November the Sth. And he is going to have to run a campaign just litre each and evert one of us ran a campaign. And yet, if the person who was suspended is found not guilty, he his every right .o come back and say to this man, "Sir, out of my chair", and that's the law. And I think, you know, that it's really unfair for a man to have to go through that prowss and to be subject that in fact, he's got to xun a campaign and he is not going to be filling the unexpired term. But I just wanted to have the record clear for Mr. Dunn, Commissioner Dunn. That, that is the law and you understand that. That if in. Fact, Commissioner Dawkins is for whatever reason exonerated, it is his chair up until November of'97 and if lie were to choose to come back, you would have to step aside. And I just want to make sure on the record now that you undem=d that that is the case. Vice Mayor Gort: Thank you. Is there any further discussion? Mayor Carollo: Only to incorporate the full resolution that we all have here before us into the record. Vim Mayor Gort: Commissioner Regalado. Commissioner Regalado: No. Vim, Mayor Gort: I would like to make a statement. I think, it is very important that, we. all support and work with Commissioner Dunai to make sure that lie does a good job and to rnak sure-, lie ga4s an Election coming November the Sth, that the united front is showing sea the gentleman can get reelected. Is this a resolution or an ordinance? (APPLAUSE) Vice, Mayor Gort: Since it's not an ordinance, it's a resolution. All in favor say state by saying ,aye,,," The Commission (Collmtivelft Aye. 5 September 16, 1996 The following resolution was introduced by Mayor Carollco, who moved its adoption: RESOLUTION NO. 96.668 A RESOLUTION A. RESOLUTION APPOINTING REVERENT} RIC'fI' A.RD P. DUN 11, AS A MEMBER OF THE C11" Y COMMISSION OF THE CITY OF MIAMI, FLORIDA, GROUP V, Tb FILi1.. THE `I'ENIPORARY VACANCY CREATED BY THE SUSPENSION OF MILLER J. OA` ONS, 'r O SERVE UNTIL SUCH TIME AS THE P,ESULT S HAVE SEEN DECLARED AND CERTIFIED FOR AN ELEC")`i' ON TO BE HELD ON NOVEMBER 5, 1996, WHICH Ei E-C-11ON $HALL ELEC—I' A. COMMISSIONER TO SERVE THE THEN REMAINING UNEXPIRED TERM OF MILLED J. DAWkINS, SUBJECT TO POSSIBLE DISPLACEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City C➢erk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner' Tomas Regalado Cvmmissian�r i. Vlurnmer $r NAYS: ABSENT: r . A. ,v . Vice Mayor Wifredo Gort Mayor Joe Carollo None. None. .......... <---------------------------------------------- ---- --- - 3. EMERGENCY ORDINANCE: APPROVE ELECTION DATE CIF NOVEMBER 5, 1996 -- WITH SEFIMMBER 30, 1996 at 6:00 P.M. A& QUALIFYING DEADLINE. Mayor Carollo: Now we have the Ordinance before us. Before we Finalize the Ordinance, Mr. City Clem, we need to further establish a vdate as the qualifying deadline. What is they date that you suggest that will be, the quickest time? Mr. Iroeman: The suggested date is September 30th, Mr. Mayor. Commissioner Plummer: So grove. Mayor Ca rollo: OK 'There is a motion. There is a second. Keating no €urthec disci ions, it the City Attorney could read the Ordinance, please. It's as emergency Ordinance so there will be a first and second reading. Commissioner Plummer: Move it. Mayor Carollo: Swznd. If you could call the roll, Mr. Clerk. 6 September 16, I996 An Ordinance entitled - AN EMERGENCY ORDINANCE SCHEDULING AN ELEC11ON TO FILL THE GROUP V COMMISSION TEMPORARY VACANCY; SETTING NOVEMBER 5, 1". 6, AS THE DATE OF SUCH ELECnON AND ETHER ESTABLISHING SEP17EMBER 30, 1996, AT 6:00 P.M., AS THE QUALIFYING LATE THEREFOR; CONTAININGi A REPEALER PROVISION AND A SEVERABILI"Tf'Y CLAUSE. r was lntruduced by Commissioner Plummer and seconded by Mayor (Arolio, for adoption { as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vitae Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Mayor Carollo, adopted said ordinance by the following vote: AYES: Commissioner Tomas Regilado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carolio NAYS: None. ABSENT: None. SAID ORDINANCE WAS (DESIGNATED ORDINANC.'E NO. 11�9(i. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD: Although present, Commissioner unn s name was not ea ed because he had not been sworn in yet. Mayor Carollo: Is there any other further action that we need take, Mr. City Attorney, to make this official and to have the election November 5th? I Mr. Jones: None whatsoever. 7 September 16, 1996 20 ............ .ua.............. ..r.............. ............. r...........................a.................................... 4., SWEARING IN CEREMONY FOR REVEREND RICHARD DUNN II -- ACCEPTANCE SPEECH. ...................... _�.,....................,......................-----........._................... Mayor Cexollc: 0& claw the next step that I will like to do is, if the City Clerk is so prepared. I would litre for you to swear in the; new Commissioner tonight. Mr. Duna: I Richard Dunn, do solemnly swear that I will support, protect and defend the Constitution and the laws of the United States of America and of the State of Florida, and of d,z Chahar of the City of Miami and in all respect faithfully discharge the dutie,* of Commissioner of the City of Miami. Mr. Foeman: Congratulations. (,APPLAUSE) Cbmmissioner Dunn: First of. all I'd like to give honor and praises to Almighty God who is head of my life. I also believe that it serves as a testimony, that is if Geri is before you who can be agsin~st you. (APPLAUSE) To the Mayor of this great City, to the fellow Commissioners, to all of the administrative and staff of the City of Miami, to my family, my lovely wife Daphnie, to Richard III, Brandon who is my heart attack, to my Campaign Manager - Mr. Ralph Packinham, to all of my family and friends. Some of my church members are here from she Word of Life Baptist Church. I am going to ask them to stand. Would you stand? Word of Life Baptist Church supporters and friends. (APPLAUSE) To my other friends from the Hispanic community, Angel. Where is George Dupontes, Where's George? Commissioner Plummer: He ran out to get a pima. Commissioner Dunn: To Mr. Ringo Cayard to many of the supporters of the black leadership who gave a note of confidence, I want to, thank you as well,. And to all of my campaipi staff, I am going to ask them to stand. I need to do that because we had a grueling election, give them a hand„ please. (APPI-.USE) And we virtually had no money. Also to the, perhaps one of the wc-at powerful groups, that's the best kept secret in this town is to the clergy, I see some of them here today. Reverend Nevin of Saint John Baptist Church, Pastor Jacksion of New Shiloh and many, many others. I don't want to start calling names because I know I'll omit someone.. 'I'o all of the clergy who supported me and to... I pledged during my candidacy when I ran for Commissioner that I would be a servant to all of the people of the City of Miami. That pledge still stands. We have a choice in the City of Miami either we have to learn to live together as one or we will perish together as foals. I thank you, I need your prayers, I need your support and let ass demonstrate to the world -, we have a great opportunity here in the City of Miami - to demonstrate to the en.tire'world that no matter what our ethnicity, whether it be. black, Hispanic, white, we can work together. Thank you and God bless you. (APPLAUSE) Mayes Carollo.- Gentlemen, let's snake sure that we all live together, and that's what everybody is saying here, that we show unity to this City, Commissioners. (APPIAUSE) R September 16, 1996 X I=1 W .......wo.dV..r.Y..........W.....1.MO.w.l.......suw.1...I............................ ft...................����a 5. APPROVE SE7.'I"LEMENT: TERRI LYNN TILLMAN ($170,000). Mayor Car+olio: We have one more scheduled item on the agendas for thin, meeting, and then one more that we need to bring up and discuss that we had asked the City Manager to advise us on. We have before us that we had asked fbr it to be placed in this meeting for tonight. a settlement. I had the opportunity to discuss this with the Law Department, the Police 1<Mpartment, the representative from the FOP (Fre-ternity Order of Police.), I am ready to vote on its, but for the benefit of the new Comic Mioner I would ask the City Attorney to briefly male a brief statement &o that he can decide how he feels on it. Mr. A. Guinn Jones, III (City Attorney)- .May I piease, Commission. This is a case of Terri Tillman versus the City of Miami. This particular case involves an alleged sexual battery of a 2.5 year old woman during the course of a drug raid by a City of Miami Police. The plaintiff- in this case claims that she was coerced„ forced into having this sexual intercourse. Of course, the officer who resigned in the face of dismissal from the department claimed that it was consensual. This is of course a civil rights violation under section 1983 which basically states that if there is some custorn policy that violates another's civil rights then of course you are found liable. In this particular case there was some question as to departmental policy in many respects, without ,going into a great deal of detail. I can only tell you that, as I have indicated to you before that in evaltaating this case it is our best judgment that it would be in the City's best interest to settle this matter given the potential for unlimited liability in civil rights cases unlike our State actions under Sovereign Immunity where we are limited by law to two hundred thousand dollars ($2W,000). And as I indicated to you at the meeting the other day, also in the best interest of the City Lvxause if the plaintiff were to recover even a dollar, they would be entitled to attorney's fees under 1983, 1988 statutes. The entire settlement its for one hundred seventy thousand dollars ($170,000) with the release of liability from the City of Miami from any and all claims.. Mayor C.arollo: Do you have any questions, Commissioner? Commissioner Dunn: )lair. Attorney, is there a precedent of something similar to this in the City of Miami, if so, what was the procedure then? Mr. Jones: Commissioner, I am not aware of, and thank God I am not aware of any similar case;. And 1 hope that we will never have another case litre this. Just for your edification, I will sit down with you, given the time so that we can discus.., because civil rights liability is a little different than your regular, I wouldn't say regular, but your normal battery or excessive force necessarily. But to answer your question, no, I don't. I am not aware of any precedent. I can only tell you that from our experience and from what we have gone through in terms of mediation and even comments that were crude by the fellow ,kedge, I thin it is problematic for us if we go forth with the case. And I have said before, I have no problems with trying. you 1=w, want to try the case whatever. But right now, what it comes down to is a financial decision as to what's in the best interest of the City. We could very well spend twenty, thirty thowiand dollars ($20,000,, $30,000) on an expert. Expert versus expert credibility of the Plaintiff versus the Officer. I have to tell you that based on what we've observed from depositions and the like, the plaintiff will 'be a very credible witness. The juror will believe tier and that's what we are faced with. C)mmiss:ioner Dun: n: If so, dien, based upon the recommendations of your department, I am I to vote. 9 September 16, 1996 W Mayor Carollo: is there a motion? Is there a motion? Vicar Mayor Gort: Before we make a motion, can I ask if it is prudent for you to state how touch this case could go to. Mr.. Jones: Well... Vice Mayor Cott: Give us a range so peoplz will have an idea. Mr. Jones: ... well let ore put it this way to you Qtnmlmioner. Anywhere from a hundred to wo hundred. We could go at low, even if she recovered one dollar on an award which I am sure that a jury would be mom inclined to grant we would be in fbr at least a hundred fifty right now is attorney fees, even if the jury only awarded her a dollar. Vioe Mayor Gort: Thank you. Mayor Caresllo: Is them a motion'? Commissioner Plummer: Mr. Mayor, I will make you a motion, I really don't see that we can afford to roll the dice and that's really what we are looking at. Ye-* I was you !snow, very concerned at the original that it was consensual and this man was not found guilty in criminal court until! it was sat down and explained to me that civil rights case is an entirely different ball game. What they had brought out some things and, I don't think we have a choice. We gust can't afford to roll the dice. I move that we settle. Mayor Carollo: There is a motion for settlement. Is there a second? Commissioner Regalado: Second, yes. !Mayor Carollo: `Mere is a motion; there is a second. I.et me say this for the record that while the last thing that any member of this Commission would like to do is to approve for any of the taxpayers monies to be paid out in settlements of any lawsuit, this is one that we have no choice. We had a bad police officer. He is quite lucky that he was not found criminally guilty. He resigned in lieu of teeing fired, fi-ankly before he was fired. .And, I have had across the board agreement that it would be best for the City to settle, from the Police Department, from the Fraternal Order of Police, that's the police union and from the Law DepartrnenL So I will be voting with the motion. Any further discussion? Nearing none, all in favor signify by saying 'Paye." The CQmmissjGn (Collectively): Aye. s-'�; <:. . ,,.- - 10 'September 16, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.96-669 A RESOi..b 110N AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO TERRI LYNN TILLMAN, THE TOTAL SUM O $170,000.00, WITHOUT ANY ADMISSION OF LIARILITY'Y, IN FML AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN TIME UNITED STATES DISTRICT COURT FOR THE SOUTHERN DIS71UC"P OF FLORIDA, CASE NO. 93-2080-CIV-MARCUS, UPON T'HE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CT..A, MS AND DEMANDS; ALLO(CATING FUNDS IMEREFOR FROM THE CITY OF MIAMI SELF-1NSUl7JUNCE AND INSURANCE. TRUST FUND, INDEX CODE NO.620103-661 FOR. PAYMENT OF SAID SETTLEMENT. (Here follows body of resolution, omitted Here. ;and on file in die Office of the City Clerk.) Upon being sanded by Commissioner Regalado, the resolution was _passed and adopted. by the following vote: AYES: CcammWioner Tomas Regalado Commissioner Richani P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Caxallo NA`iCS: None. ASSENT: None. Mayor Camllo: It passe. Last item that... Mr. Maimy Gonwtalez-Goenaga: Mister Mayor, may I... Mayor Carollo.- Mr. Goena, I apologim. I forgot about you there. Mr. Gonzylez-Goena - '3'iwA ou. l have no quarrel with that. The issue is that in any mind I wonder if the case of Fuentes, the poli(xman fluit I have gathered, that masturbated in front of women. Mayor CImllm. Mr. Qxnaga, *gyve. need to .address ourselves to this issue that was passed) but... Mr. Gonzalez-Croenaga: 'x es, but he said that there was no precedent. Mayor Caenllo, Well-. Mr. Gomlez-Goeaaga: There is a )Fuentes. Ile policeman Fuentes. It is a mutter that we should give a special issue on police brutality. Mayor Ca#)l1d: I suggest that you send a memorandum to the members of the Commission on II September 16, 1996 Mr. Gonzalez-Goenaga: I will. .............................I.........•.......................4..........................'r..... a.................... 6. APPROVE PLAN SUBM17T'EU BY MERRETT S'I"IERl HIM, i TO SEARCH FOR A PERMA -ENT CITY MANAGER - ALLOCATE $25,000 (INCLUDING EXPENSES) TO HIRE RECRUITMENT FIRM TO CONDUCT ,SEARCH --AUTHORIZE MANAGER TO SELECT ONE FIRM -- INSTRUCT RECRUITMENT FIRM TO MEET WITH EACH COMMISSIONER FOR INPUT AND TO MAINTAIN CONFIDENTIALITY OF CA,°�DIDATES. .................. .................................................................................. d............ Mayor Carollo: Thank you. The last item that we have can the agenda is a request that we have made to the City Manager that he would come back to this Commission with specific sugganions as to the procedure that we should follow to immediately implement a local and national search for a permanent City► Manager. Mr. Stierheim, are you prepared to give us some suggestions here? Mr. Merrett Stierheim (City Manager): Yes, Sir. Mr. Mayer, I have contacted two executive search firths. One local, one national. Well, both have rotational connections, obviously. One is not domiciled here. However, the City has used that firm at least once or twice, in the past, some of the principles of it_ And I have a call into the third. I am sorry, because of that, I hadn't gotten a response from the third, which I expect. I could make a specific recommendation. But I do think the Commission would be well served with professional assistance, which can do a lot of things that I don't think the Commission really would want to get into, in terms of background. They would develop a profile of the candidate that collectively you feel is best suited to serve the needs of the City. They can expedite the process, bring you a short list of candidates for you to choose from. I'll be happy with your direction to work with that firm, to accelerate that process and I'm sure you will get gtWified candidates locally in the State and nationally from which to choose. I hope that I can consummate that process before my time is up. That would he the best of all worlds. Mayor Carollo: , So do we. Mr. Stierheim. I have discussed ilte rerntweration ko those fiimis and in both rases they are fairly close. Normally you have a fee, and then eWnses for the consultant. And in both, and I think Mr. Mayor if it's... because, you do not meet now for about... Commissioner Plummer: Ten days. Mr. stierheirn: ... ten days, that I would request your authorization to complete the discussions with three firths to... there may be an amalgamation of two of them possibly, but under the same financial terms. With expe►zse.s for the firm and the fee not to exceed twenty-five thowsand dollars ($2.5,000). 0gnt111WIoner Plummen That's cheap. Mayor Caroilo: I think. that it is very important that we do that tonight bew- .use we need to get the ball roiling since we are under the gun, we need to hopefully try to accomplish that as soon as we can. I teally would like to try to do it before you leave, even though I know that, that might be very difficult to accomplish. But, definitely even more so, if we don't begins doing this prokma until the 26th. There are other issues drat we would need to take rare of, but those we can d4 mass and take time on the next Commission meeting but at least we need to get the ball 12 September 16, 199 rolling on this one. The only thing that I would like to ask of the City Attorney is to guide us on the leopi steps that we would need to take to make sure that the procedures that we will follow mould meet the specifications that are stipulated ir.1. the Charter, CAn YOU explA'in that to'us, how we, `i a nee4s to. Dm.s he raced to speak with titres firms, can we do this and then expedite it, emergency basis? t Mr. A. Quinn Jones, III, Esq. (City Mans r): Well, certainly you could, I think it would be probably best if you a lie to three firms. think it an instance like this though, there is no set ( rile because it is l y not... I m.."n you are procuring the servim of the search fine. But I think in this case, perhaps you should speak with st least three, in that instance so that it would be clear so that if there is someone out there, a third firm perhaps they would do it cheaper or whatever disc. But I think in this particular instance because you are talking about and weighin rm the credibility of the Iis would make it a little more unique. But, just to he on the safe side mould talk to dame firms. Mr. Stierheint: Fine. I intend to, and I might add, without going into detail, that the rate that I quoted would tie below the; nonmal corporate rate for a search of this magnitude. I did impress on theta that I thought using a sharp pencil was in the best interest and I will advise the Cxim mission immediately, as soon as I can - end the attorney as soon as Icome to a conclusion and with your permission. Mayor Ca ollo: ,(,gin. we approve the resolution tonight authorizing up to twenty-five. thousand dollar ($25,000) giving the Manager the discretion then to choose the best firm that he so wishes out of the three, or if he would like to combine two for the price of, one for him to have the leeway to do so? Commissioner Plummer: It's possible. Mr. Junes: Yeah, whatever your pleasure. Mayer C,arollo. Very good. Commissioner Plummer: So move. May+�r Cai�llo: There is a motion by Commissioner Plummer authorizing up to twenty-five thatsvcmud dollars ($25,000) including expenses for the Manager at his discretion to select one or two fins for the same price of course, if it's two to begin the process to look for a new permanent, City Manager at a local level and at a national level. Vice Mayor Ourt: I second the motion and under the discussion. Mayor Carallo: Under discussion. Vice Mayor Dort: Mr,, Mayor, are we going to have the minimum requirement of the educations, qualifications and so on. — Mr. Stierheim: 'Yes. What I `mould propose is, while the advertisement are being place4 in the national publications as well as locally in our newspapers and what have you, that the firm would visit with, each of you and you could individually describe the kind of qualifications that you w�mt in our Manager. And what the do theta is the synthesize all of our feelings, Areas 4 y y g,� Y they Y P�• of sensitivity, areas of credence, areas of experience, management experience, etc. And. they do a profile. Arid them they compare the candidates, applicants and so forth and people that they will go and scek out who may be already employtA- irty not bt lookin$, but who meet the tgitena that the Commission sets. So the process then begins to immediately unfold. 13 September fib, 1996 Vice Mayor Cort: Thank you. Mayer Carollo: ,any further discussion from the Commission? Mr. Jones: Mr. Mayor. Mayor Carollo: Yes. Mr. Jones: Wo points of clarification. ,mayor Carollo: Certainly. Mr. Jones: , 1 think the Manager initially said twenty-five thousand dollars ($25,OW) plus expenses. Mr. Stierheim: No. Commisc 6w-r Plummer: No. Mayor Carol;o: No, no. Including exper ses. Mr. Jones: It says including? Mr. Stierheim.: Including expenses. Mr. Jones: OTC Mr. Stierhelm: Including consultant expenses. , Mr. Jones:, QFL , Mr. Stierheim: That would not include flying in a candidate to be interviewed or something like that. Mayor Carolior. Obviously, obviously. Mr. Stierheim: Those are additional expenses. Mr. Jones,; And those, would the 25 include that, I think that's what the question is? Mr. Stierheim: No. What I said was that it Would 6e the fee of the fiim, SIC "S", if it's two, end the tenses Of the firma IncRu t the f1m.. ilmurs exp,ensg:s: Trwi6l, ixatetviews, other that.., thtzse cents would aot exec d twenty-five thousand. dollars {$25,W)). If you Y"ly in two candidates with. local =didateis to interview that would tw, an added cost, that would be, ova; Cost. Mr., Jones: OIL. ne 'second p6int is whether you want to authorize him to eater into an agreement? C401MI"ioner P I )tr: I tliou,;ht 'that's what we. jint did. Major C,afello: Well, that's what we are doing. Mr. Jones: Yeah, but you didn't.... your iaaotion didn't state that. 14 September 16, 199f r W Mayor Carollo: Well, then the maker of the motion is... Commissioner Plummer: Absolutely. Mayor Carollo:... is specifying that and the second has accepted. 'dice Mayor Cort; We accept. Commissioner Regalado: Ah, Mr. Mayor, if I may? Mayor Carollo: Yes. Commissioner Regalado: Does a local candidate have to go also through the rim, he has to? Mr. Stierheim: Yes., Commissioner Regalado: OK. Any local candidate? Mr. Stierheim� That protects the process. In other words evcrybody is being evaluated fairly... Commissioner Regalado: Right Mr. Stierheim:... whether they are from here, Tallaha&%ee, or wherever. Commissioner Plummer: Yeah, but let me. Let me Merrett, 'let me remind you that, I hate to use the word secrecy, confidentiality I think is a better word. Tomas, one of the problems, is any local candidates who might waist to be considered to apply would say to their present employers they are not ha0py or they are not wanting to stay. And I can tell you that in the past there has been some problems of sarne good candidates who were definitely interested, who would not Taut their name is for consideration because of the fact that it would be retribution back where they presently were. Mr. Manager I think confidentiality of those people who put in their names is of the utmost importance so that we can have the opportunity to get with the best candidate available. Mr. Stierheim: Commissioner Plummer that's well said. And I will tell you from long experience, having been a candidate, having been recruited, having hired people in the sunshine, you are absolutely right. And at some point a candidate has to fish or curt bait. When they come before this body they are throwing their hat in the ring once and for all. But. up to that point, the fact that you use a professionai firm, they are the screening mechanism and you really wind up xvith a short list of very qualified candidates, so you are absolutely right. Mayor C,arollo: Well, I agree with the statements the, Commissioners made, but we have to, at the same titre absolutely sure that t .e. candidates know that we have a public records lava in the State of F'lor da and that the minute that they throw their hats in the ring, it's a public record. Any further statements or discussion from the Commission? Commissioner Regalado: ,lust a grief question. Is it, do you have a deadline for applying? Mr. Stierheirn: I am sorry Sir, I didn't hear. CommMioner Regalado: Do you have in mind a deadline for applying? Mr. Stierhei.m: There would be a deadline set, we don't have it right now... is September 16, 1996 Mayor Carollo: We will deal vti+,tith that on the 26th. Commissioner Regalado. OIL. Mr. Stierheim:... but, theta will be. Mayer Carollo: 'Yeah, that and other issues related to this. Hearing no further discussion, all Li favor, signify by saying "aye." The Commission (Collectively): Aye. The: following resolution was introdumA by Commissioner Plummer, who moved its adoption: RESOLU f1ON NO.96-670 A. RESOLUTION AUTHORIZING THE. CITY MANAGER TO INITIATE THE RECRUITMENT PROCESS FOR AN INDIVIDUAL TO FILL THE POSITION OF ari MANAGER FOR THE CITY OF MIAMI, FLORIDA, AND TO SELEC1 ANI: ENGAGE A RECRUITMENT FIRM TO CONDUC-r THE SEARCH; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $25,000, INCLUDING EXPENSES, FROM SPECIAL PROGRAMS AND ACCOUNTS; FURTHt- R AUTHORIZING THE CITY MANAGER. TO EXECUTE THE NECESSARti DOCUMENTS FOR THIS PURPOSE. (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 used and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, lI Commissioner J.L. Plummer, Jr. Vice: Mayor Wifredo Gort Mayor Joe Carollo NAYS: None: ABSENT: None. Mayor Carollo: Mr. Manager do you have any further business to bring before this CnnMission? Mr. Stierheim- No, sir, Mr. Mayor. 16 September 16, 1996 Mayor Chrollo: OK, then this meeting is adjourned. Thank you. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 6:58 P.M. JOE CAROL1,0 MAYOR ATTEST: Walter J. Foeman CITY CLERK Josephine M. ArRudin A S'ISTANT CITY CLERK t 1 t . 1! II k. !I September 16, 1996