Loading...
HomeMy WebLinkAboutCC 1995-01-30 MinutesINC0R1011)lt %T�:�i PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL !+BATTY HIRAI City Clerk N INDEX MINUTES OF SPECIAL MEETING January 30, 1995 ITEM SUBJECT LEGISLATION NO. 1. (A) AUTHORIZE AND DIRECT CITY R 95-73 MANAGER TO COMPLY WITH THE 1/30/95 ADMINISTRATIVE PROVISIONS OF JUDGE GISELA CARDONE'S ORDER CONFIRMING AWARD IN FAVOR OF THE FRATERNAL ORDER OF POLICE (FOP) MIAMI LODGE 20, AND AGAINST THE CITY OF MIAMI OF $975,000. (B) BRIEF COMMENTS CONCERNING PENDING CASES ON APPEAL: (a) HERMAN SKINNER vs. CITY OF MIAMI, CHARLES V. BOYD, OSVALDO IGLESIAS, MICHAEL S. WHITTINGTON, PEDRO GOMEZ & CHARLES K. McDERMOTT, IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES, AND COLONEL DUKE, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY (U.S. DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 90-211-CIV- MORENO); AND (b) PERRY L. ANDERSON, JR. vs. CITY OF MIAMI, JORGE L. FERNANDEZ & A. QUINN JONES, III (U.S. DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 92-0435-CIV-GRAHAM). PAGE NO. MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 30th day of January, 1995, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida to consider a matter of public import, namely Judge Gisela Cardonne's Order of Confirmation and Final Judgement confirming Arbitration Award entered on January 26, 1995 concerning police officer William Lozano. The meeting was called to order at 9:08 a.m. by Mayor Stephen P. Clark with the following members of the Commission found to be present: ALSO PRESENT: ABSENT: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, Assistant City Clerk Matty Hirai, City Clerk An invocation was delivered by Mayor Clark, who then led those present in a pledge of allegiance to the flag. January 30, 1995 ---------------------------------------------------------------------------------------------------------------- 1. (A) AUTHORIZE AND DIRECT CITY MANAGER TO COMPLY WITH THE ADMINISTRATIVE PROVISIONS OF JUDGE GISELA CARDONE'S ORDER CONFIRMING AWARD IN FAVOR OF THE FRATERNAL ORDER OF POLICE (FOP) MIAMI LODGE 20, AND AGAINST THE CITY OF MIAMI OF $975, 000. (B) BRIEF COMMENTS CONCERNING PENDING CASES ON APPEAL: (a) HERMAN SKINNER vs. CITY OF MIAMI, CHARLES V. BOYD, OSVALD IGLESIAS, MICHAEL S. WHITTINGTON, PEDRO GOMEZ & CHARLES K. McDERMOTT, IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES, AND COLONEL DUKE, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY (U.S. DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 90- 211-CIV-MORENO); AND (b) PERRY L. ANDERSON, JR. vs. CITY OF MIAMI, JORGE L. FERNANDEZ & A. QUINN JONES, III (U.S. DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE N . 92-0435-CIV- GRAHAM). ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Members of the Commission, at the request of Commissioner Miller Dawkins, by phone to me in Washington last Friday, I called this public hearing, special meeting, to take action concerning the direction of the Court, Circuit Court of the County of Dade, State of Florida, and also concerning the arbitration case that preceded that. Mr. Jones, give us the position now of this Commission. A. Quinn Jones, III, Esq. (City Attorney): Mayor and members of the Commission, as I have advised you by memo previously, there was a binding arbitration award entered in this case. The arbitration award was confirmed by Judge Cardonne last Thursday. Contemporaneous with that, a judgment was also entered, and as I have advised you in my previous memo, and which I'll advise you this morning, that because there is no further legal recourse, the City has to pay this and it should be paid. Mayor Clark: All right. The way they got to legal... to binding arbitration, is that one of the prerogatives of the claimant? Mr. Jones: Yes, it is. That was one... one of the... Under the grievance procedure of the collective bargaining agreement, the employee has to elect what course of action he or she is going to pursue if they are disciplined. In this particular instance, after Mr. Lozano was terminated, he elected to arbitrate this matter before an Arbitrator, and, of course, as you may or may not know, under the collective bargaining agreement, it is binding arbitration. Mayor Clark: That wasn't an action taken by the Commission. That was an action taken by Mr. Lozano, himself, right? Mr. Jones: Well, that was... What happened was that when you approved, this Commission approved the collective bargaining agreement, that invoked and that gave approval to that process, but it was an action initiated by Mr. Lozano. Mayor Clark: All right. What's the pleasure of the Commission? Mr. Manuel Gonzalez-Goenaga: Is this a public hearing? Vice Mayor Plummer: Are there no questions by my colleague, Commissioner Dawkins? 2 January 30, 1995 >: AA Mayor Clark: This is not... Vice Mayor Plummer: I have... Mayor Clark: This is not a meeting for the public to entertain themselves. This is... Mr. Gonzalez-Goenaga: Well, with... Mayor Clark: ... purely on the Commission's action. Please have a seat. Mr. Gonzalez-Goenaga: With all due respect, you mentioned it as a public hearing. It was notified as such. Mayor Clark: I called a special hearing. I didn't say a public hearing. Mr. Gonzalez-Goenaga: You did say. Mayor Clark: Well, I might have said. Mr. Gonzalez-Goenaga: OK. Mayor Clark: We're the public, also. Please have a seat. Vice Mayor Plummer: Mr. Mayor, I have two comments, and I'm ready to make a motion. Mayor Clark: All right, sir. Vice Mayor Plummer: My first comment is that this Commission at some time, I think it was prior to your and Mr. Gort coming on it, somewhat have assured in the future that this will not be in the same posture before this Commission again; that any City employee will have to come before this Commission, if, in fact, they wish to retain outside counsel, and this Commission will approve or disapprove, and set limits as to cost factors. Second of all, Mr. City Attorney, it is my understanding in the settlement, negotiated settlement, that Mr. Lozano will not seek to be reinstated in the City of Miami Police Department. Is that a true statement? Mr. Jones: That is correct. Vice Mayor Plummer: Mr. Mayor, in compliance with a Court order, which we have nothing to do but to vote, I make a motion that the Court order be complied with at this time. Mayor Clark: All right. Is there a second to the motion? Commissioner Gort: Mr. Mayor, I'll go ahead and second the motion. The reason I'm seconding the motion is this is... this is something that happened before we came aboard here. I think we have set enough standards to make sure that this type of thing would not happen again. This is a very unfortunate moment in the City of Miami. I think we have suffered quite a bit, and we should get behind this and proceed to make sure that this type of event will not happen again. Mayor Clark: All right. Any further comment? Commissioner Gort: The one thing I would like to make sure that people are aware of, unfortunately, my understanding is every day that we delay our decisions, it cost the City taxpayers $240. Up to today; my understanding is, and somebody can correct me if my math is 3 January 30, 1995 bad, we're paying an additional $8,000. The more we delay this, from everything that I've read, my understanding is, it's not much of a winning case for us. We're going to have to pay either today, or we're going to pay in the future, and we're going to have to pay a lot more. Mayor Clark: All right. Thank you. Any further discussion? Call the roll, Madam... Commissioner De Yurre: Mr. Mayor, Mr. Mayor. Mayor Clark: Yes, sir. Commissioner De Yurre: Mr. Jones, if this Commission does not take any action, what would you do? What would the City Manager and you, as City Attorney, do? Mr. Cesar Odio (City Manager): Me? Commissioner De Yurre: Yes. Mr. Odio: I would send the check out today. Commissioner De Yurre: OK. So you don't need... Mr. Odio: Because I don't plan to be in contempt of Court. Commissioner De Yurre: Do you need any... any Commission approval on this situation? Mr. Odio: Well, it's... None is really needed, however, it has to be paid so... Commissioner De Yurre: Well, my question is, do you need Commission approval to pay this money? Mr. Jones: It's not required, no. Commissioner De Yurre: So if we... If this meeting were not taking place, would you pay this on your own? Mr. Jones: No, I wouldn't. Commissioner De Yurre: Why would you not? Mr. Jones: Well, Commissioner, given the nature of this matter, you know, what I deem to be the situation is that I need some directive from the Commission. So... Mr. Odio: Let me add. When the Cuban Museum incident happened, and we lost in Federal Court, and the City Attorney at the time, following the Federal ruling that we had to pay them cost or whatever, acted, and he was chewed out here, that, because... "How come you paid without the City Commission knowing about it?" And I felt, and I feel, like he does, that if we had acted and made payments of this check, that we would not have been within our authority, because, first of all, it's over $4500, and I only have authority for that; and second, because of what happened with the Cuban Museum. Commissioner De Yurre: Is there any legal situation that forces you to wait for us to speak up because of the Cuban Museum? Mr. Odio: What I'm saying is, at that time, the Commission said that any settlements should be brought here before any action should be taken. 4 January 30, 1995 Commissioner De Yurre: Was that by resolution? Mr. Odio: It was a directive without a resolution. Commissioner De Yurre: So that it's not binding legally. Correct or wrong? Mr. Odio: If you're talking law... If you're talking law, you have to ask him. Commissioner De Yurre: I'm asking the City Attorney... Mr. Jones: Yeah, yeah. I Commissioner De Yurre:... legally. Mr. Jones: Legally, by... Legally, under the Code, any settlement over $25,000 has to come before this Commission. Vice Mayor Plummer: That's correct. Mayor Clark: All right. Anything further? Mr. Dawkins? Commissioner Dawkins: I have a statement to make after the vote, and a question, after the vote. Mayor Clark: Well, after the vote, we're going to adjourn right then. Commissioner Dawkins: I said after the vote, sir. Mayor Clark: Oh, after the vote. Commissioner Dawkins: After the vote, sir. Mayor Clark: All right. Anything further? No, sir, no, sir, no. This is between this Commission. Thank you. Call the roll, Mr. Clerk. 5 January 30, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-73 A RESOLUTION AUTHORIZING THE DIRECTOR OF ORDINANCE TO PAY WILLIAM LOZANO THE SUM OF $975,000, PLUS INTEREST, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS, DEMANDS, AND JUDGEMENTS FOR ATTORNEY'S FEES AGAINST THE CITY OF MIAMI PURSUANT TO THE FINAL JUDGEMENT CONFIRMING ARBITRATOR'S AWARD FOR PETITIONER AGAINST THE CITY OF MIAMI, AS ORDERED BY JUDGE GISELA CARDONNE OF THE ELEVENTH JUDICIAL CIRCUIT ON JANUARY 26, 1995, CASE NO. 95-721 (CA 08), WITH SAID FUNDS TO BE PROVIDED FROM THE INSURANCE AND SELF-INSURANCE TRUST FUND. (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 Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Victor De Yurre ABSENT: None. Commissioner Dawkins: Mr. Mayor, I have some questions. Mayor Clark: Yes, sir, Mr. Dawkins. Commissioner Dawkins: Mr. City Attorney and Mr. City Manager, what account will these funds come from? Mr. Odio: The self-insurance trust fund. Commissioner Dawkins: Good. What is the name of the black fire fighter that was awarded damage by the Courts, Mr. City Attorney? Mr. Odio: McCrary? Mr. Jones: I believe you're talking about Mr. Skinner. Mr. Odio: Skinner, Skinner. Commissioner Dawkins: How much was... What was Mr. Skinner awarded, how much? Mr. Odio: One million dollars. Commissioner Dawkins: One million dollars? 6 January 30, 1995 Mr. Jones: I think it was 1.3. Mr. Odio: 1.3. Commissioner Dawkins: 1.3. How long ago was that? Mr. Jones: It's been almost two years ago, but the case is on appeal. Commissioner Dawkins: Two years ago? Mr. Jones: Yes. Commissioner Dawkins: Why haven't we paid him? Mr. Jones: Because we took an appeal. Commissioner Dawkins: Didn't this thing also take an appeal? Why haven't... OK. I'll get to that later. Was Mr. Perry Anderson awarded damages? Mr. Jones: Yes, sir, he was. Commissioner Dawkins: How much was Mr. Perry Anderson awarded? Mr. Jones: I forget now. I think it was $3,000,000. Commissioner Dawkins: Have you paid him? Mr. Jones: No, we did not. Commissioner Dawkins: Why not? Mr. Jones: Because we've also taken an appeal on that case. Commissioner Dawkins: OK. Why is it that you can expeditiously take this to appeal, and bring it to an end rapidly, and you cannot take Mr. Skinner's case to court and award Mr. Skinner his money, and Mr. Perry Anderson their money without... You... I directed that you appeal this. OK? But you didn't appeal it. So, now, what's the procedure to get those two awards fast - tracked and paid, the same as we've fast -tracked and paid this, Mr. City Attorney? Mr. Jones: Well, let me answer your latter question first. I think you're really talking about apples and oranges. Commissioner Dawkins: No, I... Mr. Jones: You're talk... Commissioner Dawkins: OK. Well, then, cut them in half; one half apple and one half orange. Mr. Jones: OK. Well, it's one half... Commissioner Dawkins: I'm not talking... No, Mr.... No. I'm talking about money. Mr. Jones: OK. I understand. 7 January 30, 1995 Commissioner Dawkins: OK. I'm not talking about nothing else other than settlements that have... See, we are law-abiding citizens. The Courts say we have to pay. We are abiding by the Court's decision to pay. OK? I don't like it, but the Courts ruled that, although when they ruled usually against black folks, it's against us. I don't have a problem with that. But the two cases that I'm talking about now are black people. And you and the City, all are dragging your feet, and you're not paying them this money. So I cannot bring it up here, and Mr. Mayor, I appreciate your giving me this time, because according to the law, we're only supposed to discuss that issue that this meeting was called for. I will bring this up at a later date, Mr. City Attorney. Thank you, Mr. Mayor. Mayor Clark: All right. Commissioner De Yurre: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner De Yurre: For the record, it should be stated, and correct me if I'm wrong, Mr. Jones, that no matter what decision was made here today, the City would have had to have paid the money. Mr. Jones: That's correct. Commissioner De Yurre: So that's all I want to say. Vice Mayor Plummer: Well, then I want to ask one question. Had three votes of this Commission said no, besides being fools... Mayor Clark: Probably go to jail. Vice Mayor Plummer:... what would happen? Mayor Clark: Probably go to jail. Mr. Odio: Well, he asked me. I'll tell you. I think I would have sent the check. I know I would have sent the check out, because we would be in contempt of Court, and that means spending time in... Commissioner Dawkins: No, I wouldn't advise you to do that. It takes three votes to fire you. Mayor Clark: Now, please, now, we're at the vote. Commissioner Dawkins: You get three votes, you could be fired. Mayor Clark: Yes. Mr. Odio: That's true. That's true. But I'd rather be fired than in prison. I'd rather be fired than put in prison. Mayor Clark: That's right. All right. The vote, again was... Would you repeat the vote. Motion was made by Mr. Plummer, seconded by Mr. Gort. The roll... Vice Mayor Plummer: I thought we called the roll. Mayor Clark: I thought... I just wanted to make sure we got it. 8 January 30,1995 Mr. Walter Foeman (Assistant City Clerk): Yes, you did. Mayor Clark: What was it, four to one? Mr. Foeman: It was four to one. Mayor Clark: Four to one? Mr. Foeman: Four to one, yes. Mayor Clark: Meeting is now adjourned. Vice Mayor Plummer: So be it. Mayor Clark: Thank you very much. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:21 A.M. Stephen P. Clark MAYOR ATTEST: Walter J. Foeman ASSISTANT CITY CLERK 9 January 30, 1995