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HomeMy WebLinkAboutCC 1992-04-15 Discussion ItemSPECIAL TRANSCRIPT REQUEST BY: LQde.V Ae,. DATE OF REQUEST: a I SUBJECT. MEETING DATE: ` j AGENDA ITEM NO. LABEL N0. TAPE NO. L ASSIGNED TO: gLg r2s v COMPLETED --------------------------------- PROOFREAD BY: CORRECTED BY: TRANSMITTED UNDER COVER MEMO: _ /y1�r__ HANDCARRIED: RELEASED THOUGH NOT PROOFREAD TO:- --------------- EXTRA COPIES MADE FOR: ------------------------------------------ IT FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State April 13, 1992 Thornton and Mastrucci, P.A. P. 0. Box 4315 Vero Beach, FL 32964 Dear Sir: The Articles of Incorporation for DE HOSTOS SENIOR CENTER INC. were filed on April 8, 1992, effective April 7, 1992, and assigned document number N48327. Your check for $131.25 covering the various fees has been received. Enclosed are the certificates requested. A corporation annual report will be due this office between January 1 and July 1 of next year. A Federal Employer Identification (FEI) number will be due before this report can be filed. Please apply NOW with the Internal Revenue Service be calling 1-800-829-3676 and requesting form SS-4. Please be aware if the corporate address changes, it is the responsibility of the corporation to notify this office. Should you have any questions regarding corporations, please contact us at the address given below. BRENDA BAKER New Filings Section Division of Corporations 7, r Talla i °riaa Bppartmpnt of .0tittp I certify from the records of this office that DE HOSTOS SENIOR CENTER INC. is a corporation organized under the laws of the State of Florida, filed on April 8, 1992, effective April 7, 1992. The document number of this corporation is N48327. I further certify that said corporation has paid all fees due this office through December 31, 1992, and its status is active. I further certify said corporation has not. filed Articles of Dissolution. ME= (2.91) xM"?"C5D'T'-§CC�CBX" Oibrn unbrr flip ljanb anb for Orrat *rat of tljr A01r of _fioriba, at Tallal iwn, tljr Capital, tbi5 tl)r 13th bap of April, 1992. Tim 'Smith ,$ecretarg of State lir,parttunt of l tte I certify that the attached is a true and correct copy of the Articles of Incorporation of DE HOSTOS SENIOR CENTER INC., a corporation organized under the Laws of the State of Florida, filed on April 8, 1992, effective April 7, 1992, as shown by the records of this office. The document number of this corporation is N48327. aVC RUC .; MINN. RUC PVC (Mrn unbrr nip bi anb tflr �V R PVC Orrat *rat of ttlr 4tatr of _'toriba, RVC 'pC at Tattabai5ger, for Capital, this tf)r 51 V Ing- - = °�+ VIA 13th bav of April, 1992. RV a�� - _=• _ � V,. NEU B C WE Inc '"moo ,oc CR2EO22 (2.91) Jim'Smit4 $rcrrturg of Mute � VU r n RMEMM'." rKrOURP kun 5-`hj�c 'D%V?V"C H En MR n n EMS an un Rn Rn Rn Kfn ' p:: G .�1.. .i. 1 J. '`l., D'A@ KB)'VE'R •'1 d t cs.9`l+a.w .. ARTICLES OF INCORPORATION OF 1 1 . _ ri.l 't,n-t- r A. DC HOSTOS SENIOR CENTER INC. ,.,,�i ..t A Florldii "Not for Profit" Corporation f The undersigned, acting as incorporator of a corporation under the Florida Statutes, Chapter 617, adopts the following Articles of Incorporation:"il�f Article 1 Ec�, EU I L ��1i APR 1992 The name of the corporation is --Dw--i1� #-4 _ Inc. , a Florida not for profit corporation. Article 11 The period of duration is perpetual. The corporation is organized pursuant to the Not for Profit Corporation laws of e the State of Florida. - =i - -� Article ill The membership of this corporation shall be open to all _ persons who are interested in the purpose of the organization -1 A person will be admitted after filling out an application in a form to be provided and upon the recommendation of an Active Member In good standing as to the moral character of the applicant. The qualification for Active Membership, if - any, and the manner of their admission shall be stated In the by-laws. These shall be called Active Members. Article 1V The Corporation shall have eleven (11) Directors Initially and the number of directors may be amended by the By -Laws. The Board may also have Honorary Members whose function shall be stated in the by-laws. T,he President, Vice - President, Secretary, Treasurer, and Executive Director shall be members of the Board of Directors. Each member of the Board of Directors shall have one vote on the Board of Directors. The qualifications for the Board of Directors shall be stated in the By -Laws of the Corporation. ArLiele V The purpose for which this corporation Is formed shall be: 1.) To serve as an advocate for elderly people, to empower this population group toward achieving self-sufficiency and proper Interaction, and to mobilize resources on their behalf, their families and their communities. r I I Articles of Incorporation coat . for DHSC Inc. Rage 2 2.) To help the elderly by developing programs and communicating knowledge to improve their well-being, and to educate elder people contributing to their self-respect, and financial independence, and to elevate standards of living and support the.,elimination of adult Illiteracy. 3.) To promote the physical, social, emotlonal, educatinnal, recreational and cultural development. of the parllelpants inchuding Active Members of the minority community, who are substantially unemployed, underemployed,. or whose income Is below federal poverty guidelines, to foster and promote community -wide Interest and concern for the problems of said residents to the end that (a) educational and economic opportunities may be expanded; (b) sickness, poverty, crime, and environmental degradation may be lessened; and (c) racial tensions, prejudice, and discrimination, economic and otherwise, may be eliminated. 4.) To do any and all lawful activities, Including entering Into lawful contracts, which may be necessary, useful, or desirable for the furtherance, accomplisliment, fostering, or attaining of the foregoing put -poses, either alone or in conjunction or cooperation with others, whether such others be persons or organizations of any kind or nature, such as i corporations, firms, association, trusts, Institution, jfoundations, or governmental bureaus, departments or agencies. 5.) All of the foregoing purposes shall be exercised exclusively for charitable and educational purposes in such a manner that the corporation will qualify as an exempt organization under section 501 (c) (3) of the Internal Revenue Code of the United States. Article V1 Notwithstanding any other provision of these articles, this organization shall not carry on any other ac,tivilles not permitted to be carried on by an organ Iza•tion exempt from Federal and state Income tax under section 501 (c) (3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United Slate Internal Revenue law. Article V11 The address of the Initial registered office of the corporation is Suite 720, 19 Wt.st Flaglev, Mlami, Florida 33130. The registered agent at this address is John W. Thornton Sr. AWA Articles of Incorporation cunt. for DI1SC Inc. Page 3 = Article V111 _ The name and residences of the subscribers and original • directors to these articles are: • 'i Haydee Miranda 422S W. 6 Ave. - 11laleah, Florida Dorothy Quintana 263 N.IV. 34 Street Miami, Florida ' John W. Thornton Sr. Sulu_ 720, 19 West Flagler Miami, Florida 33130 William Morales Miguel Angel Peraza Dr, Raquel Marrero Llc. Juan Bracete, Osbaldo Borges Hildred Tutain Luis A. Ramos Rosa Albertini Diaz Angelina Martinez 2301 Collins Ave. #407-A Miami Beach, F1 ur i da i61 N.W. 2Jth Street Miaml, Florida 33t27 51S S.14. SS Place East Miami, Florida 33124 780 N.W. 42 Avenue MIamI, Flurlda 331226 33 N.E. 45 Te rreace Miami, Florida 33137 401 N.E. 88 Street Miami, Florida 1000 N.19. 27i1i Strer-t Miami, Florida 33127 2701 Biscayne Blvd. Miami, Flurlda 33137 94 N.E. '24 Street Miami, Florida 33137 Articles of Incorporation coat. for DII5C Inc. Page 9 Article 1X The Corporation is organized exclusively for charitable and -educational purposes. The Corporation is not organized nor shall it be operated for the primary purpose of generating • pecuniary gain or profit. The Corporation shall not distribute any gains, profits or dividends to the Directors, Officers, or Active Members thereof, or. to any individual, excerpt as reasonable compensation for services actually performed In carrying out the Curpura,tioon's charitable and educational purposes. The property, assets, profits and net Income of the Corporation are irrevocably dedicated to charitable and educational purposes no part of which shall Inure to the benefit of any individual. Article X Upon winding up and dissolution of the Corporation, the assets of the Corporation remaining after payment of all debts and liabilities shall be distributed to an organization recognized as exempt under section 501 (c) (3) of the Internal Revenue Code of 1986 to be used exclusively for charitable and educational purposes. If the Corporation holds any assets in trust, such assets shall be disposed of In such a manner as may be directed by decree of the Circuit Court of the district In which the Corporation's principal office Is located, upon petition thereof by the Attorney General or by any person concerned in the liquidation. Article X1 The method of election of the dIrecI. our s of the Boa I'd shall be stated in the by-laws. The Board of Directors of this Corporation shall provide by-laws for the conduct of its business and the carrying out of its purposes which shall be approved by majority vote of the board memb�,rship present and voting at any regular meeting. The Board membership by majority vote of those present and voting- at any regular meeting may amend, alter or rescind the by-laws. Article X11 Any board member may propose at any regular meeting one or more amendments to these Articles of Incorporation wllicli if endorsed be at least two other board members in good standing shall be submitted to the board membership for a vote at the next regular meeting and shall be adopted if approved by majority of those board members present and voting. Articles of Incurporation coat. for DIISC Inc. Page 5 Article X111 The name and address of the incorporator is : John IV. Thornton Sr., Suite 720, 19 West Flagler Miami, Florida 33130. These Articles of Incorporation are hereby executed by the incorporator oh this seventh day. of April 1992. The effective date of the existence of this Corporation shall be April 7, 1992. l / /d min W. Thornton Sr. r - Articles of Incorporation coat. for DHSC Inc. Page G = STATE OF FLORIDA Ss COUNTY OF DADE ] I HEREBY CERTIFY that on this day, before me, an officer — duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared John W. Thornton Sr. to me known to be the person described in and who executed the foregoing instrument as incorporator and acknowledged before me that she executed the same. 'WITNESS my hand and official seal in the County and State last aforesaid this 7th day of April 1992. NOTARY PjffiLIC STATF,.,O.F FLORIDA My Commission Expires: NOTARY MIC STATE OF FLORIDA tly C"ISSION EXP.M. 4.1993 - NOM THM 600K INS. U D. REGISTERED AGENT'S ACCEPTANCE OF ,APPOINTMENT I John W. Thornton Sr. hereby accent my appointment as registered agent for the De Hostos Senior Center Inc., a Florida not for proflt corporatlon. "John W. Thornton Sr. Date ..t 04/15/92 09:11 BORINQUEN CLINIC WS 751-5051 002 ABADIA PSCODOBA ADAM S 10030 N.W, 9th St. Circle Unit 2t►1 Miami, Florida 33172 (305) 553.6682 SUMMARY: Bilingual social worker with extensive record of serv), • as program coordinator and cmmaeling. AREA$ OF COORDINATOR -PROGRAM PLANNER - CARE Mi%4A0l•;lt KNOWLEDGE: • Hemophilia Outreach Project Coordinator: Grrnrt %% riting, p! ogrom pirtnnine. trod implementation; creation of local Hemophilia Di, isiolr; ova r 100 sttc essfitl t.rnininga in the private and public sector; extensive media contact, and covNrftgc; curs t-Itant to ho!vitttl 1),16W11. services; consultant programs locally and nationnlly; lmticnt case mntl, Iternent. • Coordination ofeerviees for developmentally disabled adults and hums care (lrovhler•s supervisor. • Coordinate and respond to the daily function of tt safe -hums program for women in crisis "d .their children. Supervisor of home -based providcre. • Adult Learning Center for Women - Counseling Program, Student Lundership Development Program, including psychoeducational training and supervision of pne r tenders; grant writing, planning implementation and evaluation. • Coordinator and teacher of pre-school day care program. • Develop intake and assessment forms; conduct munthly vtal.indcal rep'rts. • Personnel committee; write and revise job descriptions, recruitment and interviewing, evaluation protocol. •' President of church Youth Committee: fund-raising, tcttelrtsr and presenter of current socinl Issues e.g. family relations; peer support anti values clarification. • Develop and implement human development training for Bible school teachers; coordinate church Biblo school. COUNSELING • Counsel women, men and children In various settings: emergency shelters, public schools, nsadult education centers, churches and social service agencies. • Vocational counseling of adult women. • Develop individual goals and objectives In areas of employment, education, social services as part of a service delivery plan. • Advocate of Individuals and families within sclivolrs, publ;l; welrare agencies, social service programs, immigration and legal systems. EXPERIENCE: Hemophilia Outreach Prgjeat Program Ctwrdlmtor, 11190 -Present Florida Chapter National Hemophilia Foundation, Inc., Florida Cam Maxoger, 1989. 1990 Bexar County Mental Health Mental Retardation, Sant Antonio, Texas 8ai'e-H,ome Coo:dinistor, IM - 1987 Casa Myrna VAzquer, Inc., Boston, Massachusetts DOT Care CoordWator/Progrem Counselor, 1984. 1087 Women United In Action, Dorchester, Massachusetts+ Social Worker,1980 - 1088 Public school Department, San Juan, Puerto Rico Youth Committee President/Coordinator , 1975. 1981 International Movement Church, San Juan, Puerto Ilico EDUCATION: Bachelor of Arta In Social Work, 1989 World University, San Juan, Puerto Rico Bible Theology Certificate, 1976. 1979 Instituto Biblico Mizpa, Puerto Rico Courses towards Masters degree in Human Services, t988 University of Massachusetts, Boston, MA AFFLUATIONS: YWCA member and American Red Cross �S 9,2 References available on request. 1 04/15/92 09:13 BORINQUEN CLINIC 305 751-5051 005 NI "IWOM . DTitf•:(:1U1t5 MyrkAmen,PhD Eduelill/ll l`i 61(ppoll • PrKit/Mf ra MW " MBA March 27 , . 1992 Brien Mttiw. MA . Psrtl ftes*o h,tNBen�o.AANi Maggie Neville 1.3334 SW 73 Terrace MWWA.Soft JV Miami FL 33183 Berry Banton . Dear MS. Neville,, Steow 1 B*t4QL MD Please excuse` my inability to re.-V(.,nd^to your request for E•D4r*Clin "s a written recommendation for Abadict A01ames. I've had a 00De4,PVrn major special event here with wh .ch tc contendL and tim only now free enough to taxe a minute out. c� f my schedule. OtArwC.FIMA.RN. lMtA As we discussed on the phone, I t.m most pleased to recommend Abadia: She truly is one of the most dynamic and warm-hearted Mvc4 A. Finkelslain. PhD professionals with whom I have ever had the pleasure of checksPGfrftRN wor inq. .lotwrclVMMA Upon being named ap. Abadia's direct supervisor relative to the grant under which she was employed at the Florida Chapter WnreG.W11,MEd. IMK National Hemophilia Foundation (for whom I served as Executive t ,laalsn;rwMo Director), I was immediately impressed with Atkadia's attention to detail as well -as heir amazingly Comprehensive networking ' Y1A"Muwtw relative to outside agencies -and healthcare facilities. ' Fee I&S. JO While I closely supervised and monitored Abadia's work,•it waft oeeofenM wrserltearo really never a chore. Abadia' s grant reports and record -keeping ADW OR,. 'were so completely well -prepared there was virtually never a need taw►Rn to edit or revise them, a very welcome r, relief for any :I 'A"awrue administrator. ftq Wm% CFRE. CAE Bubnca=. M Abadia presented herself and our agency ins a prcfessional anti ;. ..� Me1. positive manner wherever she went. Even in times of agency stress, Abadia maintained a calm and controlled demeanor which relayed R00 FW1itLP•P'' a person in control, a person very in touch with herself, a person Mwaaa>mN truly in charge. A+Qk 401 As well as being a true professional, Abadia is one of the Fnnnsalae1,1O sweetest, most kind-hearted intuviduals it has ever been my WyLyMMpMP pleasure to know.' She is honest, capable, caring --a true delight. As x told you, the only "fault" I could find with Abadla is that �rl4Mulnno•Pno she lives too far away for me to re-Y1i•re her at my new agcncyl We Must AIfA W= tarh,Mo I wish you all the best and while 1 :gym envious that you have tile: OWN P4 U.APR great luck to have Abadia on board, I can assure~ you that you have L,�,?,V41•MA made the right decision. she's a gem. rxr7xrrrvtt S t'fL -rely, auusct>;nc f�tnd�KuehtLC5Y17tCSW �,� Q /�� ��'-�� J Adtni»Irlr:tliun' (81;1)!17ri•IIt31i:{ Infurtnation/Hurcrtad: (813) 221.6.120 a }ly E, Xfe3e Fit ; (81 i) 478-:11 / 1 Director of Development 11215 N. Ncbrsnka Atv. E11.3 • '1'mn1m, 1'lryriiln :C{filY 04/15/92 09:12 BURINUUEN t.LI1111. 3W5 'rbl-b'/J51 �JkJ4 (_.1111-*%'rs MART hT ..•1•V<'r'Sc.'•' P. O. Pox 4123 r aine9iriue, F1 32011 3 ' Jimmie Byers, Pres. 904/385-5279 L. Lar.tt. I3ul•.lr.i � t.•g, 'slU:��i March 5, 1992 (904) 496-2634 Maggie !Marrero Dade County public School, Region 3 Dear Maggie, I am writing to confirm our tt-I.c: p)tv:ik: coiiversation this date regarding Abadia Adames. Abadia was hired bar "the Florida Chapter of the National Hemophil1a`.Foundation ;ass coordinator of the Miami outreach Project approximately :l8 monthes ago. Abadia ls lob wain finding patiens wLth hRmnphilizt �tnd AIV and to refer them to the proper clinic - and supiaort `. groups. Abadia went much turther than li-ir jot.: de-scription Called in that she helped to estabJ.' :sip ct titew division of the Florida Chapter of the National tttmi.lphilia roundat:.ton within the Latin community in Miami. 'AbVIIS aISO COOLditt- aited the first program concerning hemophilia tin Sabeido GigantP on the. Spanish television network in Miami. Abadia also wrote grants for the Miami outreach Group and developed a very special relationship with the people .in the Outreach Group itself. The Florida Chapter of the Natioiir.1 Hemophilia Foundation lost a valuable rieroon wi«:n th*y were unable to renew her contract due to their yr•anL riot being reneswed. I feel that: Abadla Adamea would be a..-: much of an asset to yop as she was to us. If I can be of any further help.. c c. not: hesitate to r, contact me. sin coz,:).Y, :r v✓ � r r. .! ,�'• Aleida VJiygin-NI _ Past president; Florida Chapter of the National Hemophilia Found. Upon being seconded by Vice Mayor Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre 3. DISCUSS AND DEFER CONSIDERATION OF EXISTING ALLEGATIONS AGAINST HOLY CROSS DAY CARE - DE HOSTOS, AND ESTABLISHMENT OF NEW BOARD OF DIRECTORS FOR DE HOSTOS SENIOR CENTER (2902 N.W. 2 AVENUE) (See label 5). ----------------------------------------------------------------------------- - Mayor Suarez: Finally item 4, as long as we're on these other items. Do we have a report? I've received a written response from, I believe, the Chairman of the Board and I think it was directed to all the Commission members. Commissioner Plummer: I got one. Mayor Suarez: Did you? But I think that our prior resolution requested a report from the Administration. Have you been able to carry out a fairly complete inquiry or investigation of this and... Mr. Odio: I need to get a report from Frank and we have had meetings with both sides and I don't believe we have a final resolution. Mayor Suarez: How about the City Attorney's response to just how much we can even delve into any of this? Vice Mayor Alonso: That's right, but also we should have report of whatever investigation was carried on by the Administration. If we are going to even address the issue at this time, I think... Mayor Suarez: Or else we can... Vice Mayor Alonso: ... we should have a full report from the Administration. Mayor Suarez: What's the report from the Administration? jde 5 March 26, 1992 (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: All right. Mr. City Attorney, do you have anything to tell us, to warn us or to tell us that we can proceed as... Rafael Diaz, Esq.: From what we know so far about the issue, Mr. Mayor, it is our recommendation to... It's a purely internal matter and should not be delved in... The Commission should not deal with it in any way, shape or form. Outside the four corners of the... Mayor Suarez: Well, but we fund this program, don't we? Vice Mayor Alonso: Yes. Mr. Diaz: That is correct, but this is an internal matter and it's outside the four corners of the agreement. Mayor Suarez: When does it become something that should concern us... I mean, there's got to be a scenario where a board or a 501(C)(3) or nonprofit is so much in turmoil that we would be concerned to continue giving them funding, isn't there? Vice Mayor Alonso: Well, Mr. Mayor, the problem is it could be legally right, but morally wrong... Mayor Suarez: Yes. Vice Mayor Alonso: ... and then we have to act and I think that might be the case. What I feel, that if we are not ready at this point, perhaps a deferral of this item will be in order and then address this item in the next Commission meeting when the Administration has had an opportunity to complete the investigation and we will have had additional time to perhaps even meet with different groups in the hope that we can find an agreement among all parties involved and we don't have to take actions that we feel are not conducive to the best relationship among the community. So perhaps the best move, unless we can hear something else from some of the parties and the Administration... Is the Administration ready to give a report? Mr. Cesar Odio: We are not ready to bring this item. We have not... As of this time, there is not a solution to the problem there. In fact, it's more complex than we felt it was. There is no resolution to this and I think we need more time to bring a final report about this. This one week was... Vice Mayor Alonso: Then we should defer this item. Commissioner Plummer: Fine. jde 6 March 26, 1992 0 Mr. Odio: I would like to defer it until at least May because -_ there is... Mayor Suarez: You don't think you'll be ready in April? Mr. Odio: No, sir. No, sir. Vice Mayor Alonso: Well I would like to have some sort of understanding prior to the final vote of the funding. Just to... Mayor Suarez: How about the second meeting... Vice Mayor Alonso: ... make us feel a little bit better and also for the public... Commissioner Plummer: You can do it one of two ways. You can either withhold funding or just fund them at one -twelfth level. Commissioner Dawkins: One -twelfth level I would say. Vice Mayor Alonso: Yeah, we could do that and that'll... Commissioner Plummer: That'll sure put them on notice that something better straighten up and fly right. Vice Mayor Alonso: Let's defer this item and then work on that. Mr. Odio: OK. Mayor Suarez: Mr. Manager, be advised that the letter that they sent makes reference to the whole debate and, Bill, you probably j ought to hear this and I don't know if anyone's here from the _ board. One of the things they mention is that the person who is now I believe the executive director who took your place, and this - just so you hear it so that you know that we're aware of what is in that letter - participated in one of the meetings in which your status was resolved, or rather discussed, and they felt that they needed her input. Probably they would have been a little bit smarter if they had simply had the person that succeeded you, the person that has now been hired presumably, jthere to give testimony, but not to participate as a board j member. Now that was just sort of one feedback and as we look through this whole mess and try to get a report to the Commission, one thing that we ought to always advise our entities that receive City money is how they can best manage -their own organizations in general terms, without trying to ourselves manage them and there is, of course, a point at which we would get involved and that 1s the point at which we think they're in such great turmoil that we would have to be concerned about their status and want to withhold funding. As of now, I think the Commission's intention is to do funding for one -twelfth of the year. And I don't know if we ought to... Should we take a vote on that at this particular point? jde 7 March 26, 1992 Commissioner Plummer: No. Vice Mayor Alonso: I don't think so. Mayor Suarez: All right. Vice Mayor Alonso: I don't think we are ready to make any decision on a serious basis,... Mr. William Morales: Excuse me. Vice Mayor Alonso: ... so I don't think we should even consider the item at this time. Mayor Suarez: No, Bill, we're not getting into the item. We're deferring. I was just sending some signals here to board members that may be here. Do we have some board members here? No. Vice Mayor Alonso: No. Unidentified Speaker: From De Hostos, yes. Mayor Suarez: Yes. Vice Mayor Alonso: Oh, yes? Mayor Suarez: OK. You notice the remarks that I made about the letter. The letter is otherwise well written and quite interesting and I'm sure the Administration is going to take note of it and I think you're all acting in good faith, but just be careful on those points that we suggested. There is a point at which this Commission will say, the agency doesn't have its act together. Now I'm not saying that we're anywhere near that point. I'm just... Because the City Attorney is indicating that we have no role. We do have some role to play in any beneficiary organization from our funding. Even if it's Federal funding that we're basically allocating. OK. We have a motion to defer and we have a second, do we? Madam City Clerk? Commissioner Dawkins: Second. Mayor Suarez: Thank you. Moved and seconded. Any discussion? If not, please call the roil. THEREUPON MOTION DULY MADE BY VICE MAYOR ALONSO AND'SECONDED BY COMMISSIONER DAWKINS, THIS ITEM WAS DEFERRED. BY THE FOLLOWING VOTE: jde 8 March 26, 1992 AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre 4. APPROVE INSTALLATION OF NAME PLAQUE HONORING HANSEL, BY LATIN STARS INC., ON LATIN STARS WALK (S.W. 8 STREET BETWEEN S.W. 12 AND 13 AVENUES). Mayor Suarez: All right. We're back to item 1. Vice Mayor Alonso: OK. If I may, may I introduce a pocket item... Mayor Suarez: Yes. Vice Mayor Alonso: ... before we go into item 1? Mayor Suarez: Any emergencies, etcetera. Vice Mayor Alonso: Yes. This pocket item is in relation to Latin Stars and the reason I'm going to bring this is due to the fact that an artist has been, in my opinion, publicly embarrassed as a result of some actions that the organization took of approving the star, and I think it was the feeling of this Commission that we had no intention of embarrassing or doing anything negative to this artist, that we have the highest respect and consideration. So I felt proper at this time to introduce this pocket item and proceed to the installation of this one star that has been pending and resolve the case of the Latin Star as our actions of last week. So the resolution that I'd like to introduce at this time reads as follows: (AT THIS POINT VICE MAYOR ALONSO READ INTO THE RECORD THE RESOLUTION.) I so move. Mayor Suarez: So moved. Commissioner Plummer: Second. Mayor Suarez: roll. Second. Any discussion? If not, please call the jde 9 March 26, 1992 Commissioner Plummer: Oh. For the record, your name and mailing address, sir. Mr. Emilio Sauma, Jr.: Emilio Sauma, 2285 N.W. 11th Street. I am the present President of Latin Stars... Commissioner Plummer: You're doing this at no cost to the individual? Mr. Sauma: Exactly. Commissioner Plummer: Fine. Mr. Sauma: OK. I want to... Mayor Suarez: OK. Thank you. Mr. Sauma: Thank you. Mayor Suarez: And I'm glad that's being done. I think it's a very important initiative. Vice Mayor Alonso: Yes, I think it was a matter that placed both the artist and the City of Miami in a very... Mr. Odio: Mr. Mayor. Vice Mayor Alonso: ... uncomfortable situation. Mr. Odio: Mr. Mayor. ----------------------------------------------------------------- ------------------------------------------------------------------ ------------- ------------- 5. (Continued Discussion) CONCERNING PREVIOUSLY DISCUSSED ALLEGATIONS AGAINST HOLY CROSS DAY CARE - DE HOSTOS, AND ESTABLISHMENT OF NEW BOARD OF DIRECTORS FOR DE HOSTOS SENIOR CENTER -- 'SCHEDULE WORKSHOP TO TAKE PLACE ON APRIL 15TH AT 4:00 P.M., IN ORDER TO ACCEPT INPUT ON THIS ISSUE PRIOR TO FINAL CONSIDERATION BY CITY COMMISSION (See label 3). ----------------------------------------------------------------- ------------- Mayor Suarez: All the people... TODOS LOS QUE ESTAN AQUI EN RELACION A LO DE Holy Cross. (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.) Mayor'Suarez: Wait, wait. I know you're not satisfied, but unfortunately that's not the way we work here. jde 11 March 26, 1992 _ Mr. Odio: She's asking me to see if you can explain to them why... Vice Mayor Alonso: POR QUE NO LES EXPLICAMOS EN ESPANOL CUAL ES LA SITUACION. Mayor Suarez: LE VAMOS A EXPLICAR EN ESPANOL, POR FAVOR. — Vice Mayor Alonso: EL PROBLEMA QUE SE ESTA DILATANDO ESTA DECISION QUE CREEMOS JUSTO PARA PROTECCION PRECISAMENTE DE TODOS USTEDES, LOS QUE VAN A ESE CENTRO, DE QUE SUS DERECHOS ESTEN GARANTIZADOS Y QUE SE TOME LA MEJOR DECISION... NOSOTROS NO TENEMOS EL PODER PARA CONTROLAR QUIENES DIRIGEN LA INSTITUCION PORQUE ES UNA ORGANIZACION NO LUCRATIVA QUE DIRIGE ESE CENTRO. PERO NOSOTROS SI TENEMOS CONTROL SOBRE LOS FONDOS QUE SE LES DAN A ELLOS. EN ESTE MOMENTO LO QUE ESTAMOS DILATANDO, PARA OBTENER TODA LA INFORMACION, Y SI CREEMOS NECESARIO DE QUE SE ESTA INCUMPLIENDO LAS REGULACIONES Y NO SE ESTA ACTUANDO EN BUENA FE, PODER ACTUAR Y PROBABLEMENTE TENER QUE HACER CAMBIOS 0 PEDIR CAMBIOS A ELLOS, EN FIN TRABAJAR Y HACER UNA COSA JUSTA. EN ESTE MOMENTO, SI TUVIERAMOS QUE TOMAR UNA DECISION, PROBABLEMENTE SERIA ADVERSA AL PLANTEAMIENTO DE USTEDES PORQUE NO TENEMOS BASES SUFICIENTES. NOSOTROS LE ORDENAMOS AL ADMINISTRADOR QUE HICIERA UNA INVESTIGACION. ELLOS NO HAN PODIDO CONCLUIR. NO HAN PODIDO LLEGAR A NINGUN ACUERDO POR AMBAS PARTES Y POR LO TANTO LA RAZON NOS INDICA QUE PARA BENEFICIO DE TODOS, LO RAZONABLE ES DILATAR UNA DECISION PARA QUE LA JUSTICIA SEA LO QUE SE IMPONGA POR ENCIMA DE TODAS LAS COSAS. Unidentified Speaker: MIENTRAS TANTO NOSOTROS NO HACEMOS UNA JUNTA... Mayor Suarez: You can... Unidentified Speaker: QUEREMOS ELIMINAR LA JUNTA DEFINITIVAMENTE. Mayor Suarez: OK. OK. Vice Mayor Alonso: ENTIENDAN QUE ESTA COMISION... Unidentified Speaker: HACEMOS UNA PRELIMINAR... Vice Mayor Alonso: DEJEME ACLARARLE UN PUNTO. ESTA COMISION LEGALMENTE NO TIENE EL PODER, PORQUE LA LEY NO NOS LO DA, DE PODER DECIDIR QUIEN ESTA EN LA JUNTA 0 NO. NOSOTROS. PODEMOS DECIRLES A ELLOS, PARA QUE UNA JUNTA EXISTA EN ESE CENTRO, NOSOTROS QUEREMOS QUE PERSONAS MAYORES EN TAL PORCIENTO ESTEN REPRESENTADAS, POR EJEMPLO, ESO SI LO PODEMOS PEDIR. Y PARA DARLES LOS FONDOS, NOS GUSTARIA VER ESTO. -ESO SI LO PODEMOS HACER Y ES LO QUE ESTAMOS TRATANDO DE ANALIZAR PARA VER COMO PODEMOS LLEGAR A UN ACUERDO. jde 12 March 26, 1992 1 0 0 Unidentified Speaker: MIENTRAS TANTO, NOSOTROS, TENEMOS UNA JUNTA CON EL PROPOSITO DE REVISAR LOS POSIBLES DESVIOS ILEGALES QUE SE HAGAN. SI. Vice Mayor Alonso: YO CREO QUE TODA LA INFORMACION QUE USTEDES LES PUEDAN PROVEER A LA CIUDAD DE MIAMI SERIA MUY SALUDABLE PARA AYUDARNOS A ENTENDER. Unidentified Speaker: PARA EVITAR MAS DESVIOS, QUE YA NO HAYAN LISTAS PARA BOTAR A FULANO Y SUTANO INJUSTAMENTE, NO. Unidentified Speaker: HABEMOS MAS DE LA MITAD DE LOS... (INAUDIBLE BACKGROUD COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.) Mayor Suarez: OK. VAMOS A TENER UNA AUDIENCIA COMPLETA SOBRE EL TEMA. Vice Mayor Alonso: YO, CON MUCHISIMO... EXACTO. VAMOS A TENER UNA AUDIENCIA... Mayor Suarez: ENTONCES, PREPARENSE. Vice Mayor Alonso: Y TODOS LOS QUE QUIERAN COMUNICARSE CON NOSOTROS, LLAMENNOS. Mayor Suarez: SI, PREPARENSE, Y CREEN LA JUNTA, LO QUE USTEDES QUIERAN, PARA LLEVAR A CABO SU PUNTO DE VISTA EN ESTO. Unidentified Speaker: LA JUNTA PRELIMINAR LA VAMOS A RACER. USTEDES LA APRUEBAN... SI. Unidentified Speaker: MR. SUAREZ, SE PIDEN CAMBIOS, NO QUEREMOS ESTA JUNTA AHI. ES UNA COSA QUE LA CIUDAD QUE ESTA... Unidentified Speaker AHI ESTAN BOTANDO A EMPLEADOS Y ESTAN HACIENDO LO QUE LES DA LA GANA DE HACER. Unidentified Speaker: YA NO PUEDEN YA. .(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: NO PODEMOS RACER UNA AUDIENCIA EN EL DIA'DE HOY, PORQUE NO ESTA PREPARADA LA ADMINISTRACION, ASI QUE LO HAREMOS Y VAMOS A ANUNCIAR LA FECHA. ESPERENSE, VAMOS A ANUNCIAR LA FECHA. Once again, we got ... (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: Wait, wait, wait. jde 13 March 26, 1992 7-7 Vice Mayor Alonso: DENNOS UN MINUTICO. FL Mayor Suarez: When have we scheduled it for? That we're going to have it for sure the first meeting in May? Can't we do it the second meeting in April, so that we... I'd like to try it for the last meeting in April. I don't think that we should be telling _ them to come back in May. This is still Unidentified Speaker: NOSOTROS NO QUEREMOS PERDER EL TIEMPO. Mayor Suarez: ESPERESE. Vice Mayor Alonso: Could we even have a hearing that doesn't have to coincide with the City Commission? Unidentified Speaker: PERO QUE NO NOS HAGAN LO MISMO DE HOY. Mayor Suarez: We could have a workshop on this issue. Vice Mayor Alonso: A workshop on this issue to see... Mayor Suarez: VAMOS A TENER UNA AUDIENCIA ESPECIAL SOBRE ESTE TEMA PARA ESCUCHARLOS A USTEDES. Unidentified Speaker: VENIMOS CON UNA JUNTA PRELIMINAR. Mayor Suarez: OK. Let's tentatively schedule a workshop on this issue so you can come and be heard on this matter for the... We can do it for the 15th of April, if you would like, or the 8th of April, Commissioners, and you can have your staff here to hear their views... Vice Mayor Alonso: I think so. Yes. Mayor Suarez: ... and yourselves if you're able to. Vice Mayor Alonso: Yes. Mayor Suarez: OK? 8th or 15th, any preference? OK. Let's try for April 15th. PARA EL 15 DE ABRIL. Mrs. Dorothy Quintana: I'd like to be recognized. Mayor Suarez: No. Not right now. Mrs. Quintana: Yes right now. Mayor Suarez: No, no, no. Mrs. Quintana: Yes right now. Right now. Mayor Suarez: No, no, no. Ma'am. jde 14 March 26, 1992 -- o (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: Have a seat. Have a seat. Please. Mrs. Quintana: (OFF MIKE)... this time you will listen to me. Mayor Suarez: We're going to have a hearing, ma'am, and you're going to be heard at that hearing. Mrs. Quintana: Wait. Mayor Suarez: Wait. You wait. Please, please. No, you're not going to be recognized. It's not at your discretion. We're going to be here on April 15th. QUIEREN HACERLO POR LA TARDE? Mrs. Quintana: (INAUDIBLE - OFF MIKE) Unidentified Speaker: SI, POR LA TARDE. Mayor Suarez: A LAS 4:00 DE LA TARDE. On April 15th at 4:00 p.m. we'll have a workshop. We'll all be here. Set up the board. ESTABLEZCAN LA JUNTA Y VENGAN ENTONCES AQUI EL DIA 15 DE ABRIL A LAS 4:00 DE LA TARDE. OK? GRACIAS A USTEDES. Mr. Jim Pfleger: Mr. Mayor, could you tell us what we're talking... What's being... Mayor Suarez: We're going to do that in a second. We're going to do that in a second. All you want. We have plenty of time as long as people respect the Commission's order of business. (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: OK. April 15th we'll be here at 4:00 p.m. Let me explain to them what has taken place. The Commission will hear the... Do you represent members of the board, by the way? Commissioner Plummer: Well, wait. Whoa, whoa. Are you calling a special meeting of the Commission? Mayor Suarez: No, no. Vice Mayor Alonso: No. Mayor Suarez: We're going to have a workshop. Commissioner Plummer: OK. Mayor Suarez: We're going to take their testimony and City staff will be present as part of their investigation and so will Commissioners. jde 15 March 26, 1992 Commissioner Plummer: That's fine. Mayor Suarez: All right. Who do you represent, sir? Come up to the mike and give us your name and address and what your interest is in this matter. Mr. Pfleger: My name is Jim Pfleger. I represent the Miami Design District and I didn't understand anything that was going on because I don't speak Spanish and I was just asking... Mayor Suarez: OK. It was a procedural determination that was made by this Commission that the matter previously scheduled as item number 4 on the Commission, which has to do with a recipient of City funds called the Holy Cross Child Care Center and they've got a dispute over their executive director. That that matter will continue to be under administrative investigation, to report back to this Commission no later than May, because they've got to figure out what's going on, exactly what that agency is since it receives City money. In the meantime, these folks want to be heard on their views on that and we set up a workshop of this Commission which will be transcribed, but will not be an official City Commission session, but certainly will be transcribed and be part of that investigation and they will all be able to be heard, collectively, individually, whatever and so will anyone else for that matter if they want to on April 15th at 4:00 p.m. All right? Mr. Pfleger: We thank you for the explanation. Mayor Suarez: We were going to get to the translation at some point, but we had some people that were just a little bit difficult to maintain the procedural serenity and order. All right. DISCUSSION ----------------------------------------------------------------- 6. CITY MANAGER INFORMS CITY COMMISSION CONCERNING FULL SCOPE AND DETAILS OF THE NEIGHBORHOOD ENHANCEMENT TEAM (N.E.T.) PROGRAM. ----------------------------------------------------------------- ------------- Mayor Suarez: Item 1. Mr. Cesar Odio: Yes, sir. You asked me to make a presentation and I'm going to be very brief and then... However, he has... Mr. Michael Samuels: Mr. Mayor, members of the Commission. My name is Michael Samuels. I'm chairman of the Coconut Grove jde 16 March 26, 1992 i y 0�11 IVI Ili ! ANT N"OpAll-l- DA T I %l 1! i L L 3. 1-)-- TZ CAMPAR I SON TII.TWEEN THE NEW CORPORATION TO. BE 11IMSEWrED AND THE ACTUAL ONE I C_ittcr 111e._ I llo 1 x C:1OSy Da Cal C ng ter Il�e� New I -- Actual I I'll rposi: I 1'u�1ansc. IL wlII bc: solely df.'dlCutk-'d i Administers a child care program to provIdu Sul vices and and an elderly program. 10 lhl! rldc't•IIeS, i'JalCllillg I — that your rights won't _ violated. I I Melubei'sIt11) I Membership:_ Qttal I f les any porson thal it I No membet•s . Composo(I of I Ls IItLCVL'sLed lit Il►c I directors, monopolizing pow.r. 0101•ct Ives and purposes of I this urganizaLIon. I I 11. could be a 1nr,lnber a] 1 who I complies tvltIt the cenLer's I reyulri:ments . I _ I A1.1 active nummbr-rs w11] hLve I Pat. Ilet pants have no voice nor voice and vole. Iit Llie duel I Vote. sloes of LItla o,rganIzaI.Ion. I 1 Board t)f plrec.t ors : I Qonrd of 1)1 recI ors The initial board will consist.I The actual board is composed by of the following: CllaIrmait of I six (6) persons Laicing decisions the board, President, Vico- I antcang; them, not counting with President, Secretary, Tr#•:a- ( the participants opinions, nlono- surer, Executive Ui reel or, I pol t zing pov;er. . and five (5) Active Members. I I The eleven (11) directors wl11 1 1'ht! six (G) directors are by elected by the majority of I elected among themselves, Hie local enrullnu:nt vole. (if I assigning; each a position. the Act i vu Membc't's . I Active Members will have t.hc I Directors are- perpetually r1ghl by majority of vote. to I c•leclud. remove any Director or Off I- I clal wi Lh or w1 Lhout cause.. I Ilonurary Membr rs of l he I Ifollorsary Members of I he 130at1•cl I BelatLd It will. accept members Lhal I It Is a closed corporallon. could enrich the name and I It does not provider for — prestige of the organization. I honorary members. Electlons/Terms: I Elections/Terms: Annttally, a hoard of dlrr.clor.s. They elect and nominate Lhem- will. be. elected by Activ!- I selves, having no open elecllolt. Members. I After reading and comparing the Inn corporallops here exposed, We hope that you tutders t antl the w-uuss 1 t y of a change towards Like - positive and Just, where your suggontlons would be considered and you would have volee and vutc.. Demonstrate that you support Justice asslstlt►g before the Commission of Mlaml on April 1►. Your presullcu is vital so that the funds could be assigned to the stew corporatlott, De Ilostos Senlor Center Inc. I f you need more I of urinal I on cunt act ine at 534--0598 . William Morales COMPARAC1ON DE LA OIiGAN17A(CION NUEVA A P.11O130NER Y LA ACTUAL Ur, 1loslos Sell IOr Conley IIle I Nueva I I Pl. opos I 1 0 : Sre dedicara unicamcente a i prostar serviclos y ayudo L+1 I envrJer,lenLe, velando qm: los I derecl►os no sewn vlolados. I I AlembI,es I.I Cuallflca Loda persona que I rste Interesada en los vl►Jr41-1 vus y proposlLos de esta orga I III zacloil . i I Podra set• mlembro lodo ayuel I clue cumpla con los requlsllos I t.l+.-1 cctt1 ro. I I Tod ml,umbro act Ivo lend►•a I voz y vote► en las clec is l ones I de esta organlz;aclurt. i I Junta de D1recLores : I La Junta ir►lclal conslstira I los slqulenles:Cbairman de I In Junta, PresJdenle, Vice,- I Presiderrle, Secretarla, Teso- I rero, D.I rector EJectat i vo, y I Chico O Inlembrus act lvvs . ) Los olicl (11) direcLores seranj elegidos por mayoria de volos I matricula Lotal de mJembros I ael:'Ivos . 11i.iembros activos tendran I derecbo por mayorla the vat u 1 el rolnover cualquier director u ofJclal con o sin causa I algurrn. I Mlembros IIonorarios de In I Junta: i Sty aceptarall Inlembrus que I puedan enriquecer el hombre y 111-CSt.lglo de la o►•ganl7.a(.'lOil l I CleceJonegZTerming: I Anualmente se eelegira junt.a I direelures por mlembros net I vos . I IIgI C►•oss Day Care c:cnter Inc, Actual P►•ol)osILo: Adntiulstra tin progr.jma cle nlnus y (In programa tic �nveJrcifnl.es. MembI,esIa: No liene micmbros. de sus divec:toves, 1)0(1er . Se r.ontpone ntc+nopol I zando Los pant lel pant es no t lettetl voz nl voto. Junl;.t de. Dl►•ectores: La Junta actual se compone (it! tle sels (6) personas tontando erttrF sI decislones sln cuntar con has opiniones de los p;a►•I.lelparlles, Iuunopohazando poder. Los sels ( 0 ) dlrcuLoves se ellgen entre sl asignandose de la puestos ellos ntlslnos. DI rectores son elegidos perpetuament.e. All embros Ilonorar l os de la Junta: I?:: untl vorpuraclon ce►•rada. No provee Para nllembros honorarlos. [-jgccIones/Terming: Se ellgen y se nominan entre de ellos sin celebrar elecc:lones ;ablc:rtas. Despues de babur leldo y compavado las dos c•or•povaclunes aqul expu.estas esperamos clue enllenda-s la necesldad de un camblo I►acla Lo posllivo y to Juslo, donde Lus sugerenclas sean consideradas y t.ertgas voz y voLo. Demuestra to apoyo a In justicla asistlendo el dia 15 de abrJI a la Comislon (It? Ailaml. Tu presettcl/a es vital Para thug se It.- asigtten los fondos a la nueva corporaulon. SJ rlecos I t as u►as l n f o► lium-ion Le pueden eomut► I car al 939-0598 . William Morales April 13, 1992 Mr. Xavier Suarez, Mayor City of Miami 3500 Pan American Drive Miami, Florida 33133 Honorable Mayor Suarez: I am enclosing herewith an answer to the 3/24/92 letter sent to you, Mayor Suarez, with copy of the same, documents to refer to broaden your wisdom in this Issue for a comparative sight of both parties involved, and deferred 3/26/92 presentation, so this will resolve in a righteous decree. Also, it Is Included copy of Articles of Incorporation, and draft of proposed By -Laws of the newly formed Corporation, De Hostos Senior Center Inc. Please contact me with any input or comment which you may have after reviewing all material presented. De Hostos Senior Center Inc., deeply appreciates all the time, effort and interest demonstrated In this issue. Respectfully, �0:: es cc: rce-Mayor mmissioners Mr. Frank Castaneda Mr. Luis Carrasquillo City Manager April 13, 1992 Mr. Xavier Suarez, Mayor City of Miami 3500 Pan American Drive Miami, Florida 33133 Honorable Mayor Suarez: The following is in response to the 3/24/92 well written letter sent to you, Mayor Suarez, on behalf of the board of directors (HCDCC, Inc.), mentioning incidents, actions, procedures taken on the De Hostos Senior Center issue. It is Imperative to expand your knowledge for a fair final decision and appropriate action to take place. Enclosed you will find well reasoned facts supported by evidence, along with Articles of Incorporation and By -Laws of the newly formed Corporation addressing solely the elderlies needs. Further Investigation is welcome. The Board of Directors of HCDCC Inc. are supposed to have in their possession almost all documents provided to you since some of them have also been distributed among the community In public places having the participants copy of them, where the director at that time had access to them, as a director, he should have informed the board about any incidents regarding this issue. If not so, on 3/16/92, Ileana Ross- Lethinen, Member of Congress, sent the President of the board a copy of all information pertinent to the inquiry made by me for her review into the situation. No response on behalf of the board has been received. Copy of Congresswoman Ileana Ross-Lethinen is attached. Also, they should have documents and laws on hand in which to rely on to run a non profit corporation. Years of experience as board of directors entitles them to be knowledgeable in this matter. •My findings and allegations were based upon an independent research on books based on Non -Profit Boards, Articles of Incorporation, By -Laws and Personnel Policies. However, it is clear for them not to know what the participants needs and desires were at the time, due to their absenteeism at the DHSC, except for one visit since October 1988, to wit: November 1991 visit by one Board Member who is now executive director. TERMINATION: The board of directors did not provide me with any documents or laws nor copy of the goals set governing body to use as guideline for the administration of the DHSC. As of 10/7/88 to 1/24/92, the center was rendering services through me and my staff to the elderlies achieving goals established and obtaining improvements, as you can verify in the booklets submitted to you, increasing their membership, and making them happy• Cont. Page 2 The board of directors evaluated my performance on 9/91 and 1/92, where I was given termination on my six month out of a nine month probationary period, without a 30 day notice or a hearing. These are the onl two evaluations on behalf of tr.e board regarding performance during ML administration. The Items in the evaluations, if further inquire would have had occurred on my rebuttal, would have proven erroneous. This board lacked at the time of my evaluations an evaluation committee. My first evaluation dated 10/10/92 was presented to me and formally to the board on 11/5/92 board meeting for approval, expressing the President that the rebuttal presented on the evaluation by me was not going to be considered (See attached minutes). My last evaluation and approval of termination, was presented to me and to the board on 1/24/92, expressing the President that there was no necessity of a rebuttal. Soon after, the Vice-president, Gamaliel Rivera presented personally Abadia Adames' application for the position (known as Abadia Escobosa on board of directors stationery). Answer to the only three letters in three years of service regarding the shortcomings or desires by the board members. Copy of letters attached. Letter dated 8/20/91 regarding 6/20/91 conversation with the president of the board, the vice-president the Treasurer and myself: 1. Private non-profit business: The association over which I preside, supported by VIP's, including the Government of Puerto Rico, develops a cultural festival that brings together over 3,000 people from different ethnic groups and locations once a year. It does not create conflict towards the best interest of the elderlies. It was . mentioned the usage of the centers telephone numbers on private business cards. Agreeing with this observation It was brought to the Site Manager attention, Gregorlo Lind, that the centers numbers were for official use and not for private business affairs. (See memo on file) 2. Smooth change Into the transition of the separation of the programs: Staff meetings were held to share ideas and information with the staff in the best healthy atmosphere for this purpose. Cont. Page 3 3. Long and Short term goals/objectives for DHSC: These goals and objectives were developed and submitted to the board when requested, having the board not setting specific guidelines of their vision of the program. 4. Two Advisory Panels: To comply with the request one was created and it involved participants and the other, as she (Maria Marrero Neville) Knows, was in the process of being formed. 5. Participation on elderly issues: I was involved in * almost every organization concerning elderlies issues with active participation, as well as, in community affairs. All this involvement had taken place years before this suggestion was made. 6. Information on specific needs for the elderlies: Needs on elderly issues were and are one of my major concern, so as it is reflected on Action Plan, but lack of participation from the board did not provide the _ opportunity to advance into the achievement of them. Proof of their lack of involvement on elderly issues is reflected on their minutes. 7. Statistics: Statistics of services were developed since 1988, since its one of the requirements of the City of Miami. 8. Relationship with Manager: As she mentions in her letter dated 3/24/92 to Mayor Suarez, I am a personable man and evidence of this is the letter of support mailed to the Mayor and Commissioners from the prior Neighborhood Center Manager (Haydee Miranda). According to my own assessment the relationship between the new manager (Nora Smith) and myself was in good standing position. Letter dated 9/13/91 regarding 9/10/91 telephone conversation: The transportation issue was discussed with Mr. Pedro Medina (Treasurer) immediately, and we came to the conclusion that we should provide a line item in the next fiscal year budget to obtain emergency transportation services. This was presented to the board and reflected on Action Plan submitted In next board meeting. No further recommendations were received from the board on this matter. e 1 y C5 c N > y c Hy a Cont. Page 4 10/10/91- My first performance evaluation, presented and discussed among the President, the Vice -President and myself. Copy of my first performance evaluation and response is attached. Letter dated 1/3/92 regarding our meeting on 12/27/92 with the President and Treasurer. This meeting and letter had no other Intention than to document by dates a decision that took place in January. Proof of bad faith Is demonstrated by them by giving me that letter dated 1/3/92, with instruction to further carry out my duties, and yet secretly going ahead and preparing my evaluation for termination on 1/10/92, not only not giving me a copy of that evaluation, but also not giving me the opportunity to discuss issues mentioned in the letter before the next meeting, which was on 1/24/92, nor to advise me or to discuss my evaluation before my no -notice termination as executive director not only three months before my probationary period was to end, but also not giving me 30 days notice in accordance with their own Personnel Policies. However, not being aware of their decision I followed proper procedures and a staff meeting was called immediately to address matters before the receival of the letter dated 1/3/92/. Items discussed in 1/3/92 letter are as follows: A. discuss again organizational chart and chain of command. Organizational chart was distributed among the employees These matters were discussed again with my staff. B.. inform staff that long distance personal telephone calls were to be discontinued immediately. This was done. A time log was requested for compensatory time for the employees. I explained to the President that personnel policies, Part I-E, does not provide for this. After I explained the provision of Personnel Policies she emphasized the execution of such log, and the same was implemented. Regarding the board's understanding that there was no effective coordination among the staff, in terms of prioritizing the work to be performed at the center as a director, one of my responsibilities was to make sure that all employees followed their ,Job description, also motivating them to work as a team for the betterment of the program, accomplishing goals and objectives and City requirements without any complaints in three years. This understanding of the board was never discussed with me. Demonstrating once again their lack of Involvement. However, the participants coordinated with me well and will in the future. WA d CS � M A M w :>s Cont . Page 5 Regarding the concern of the driver's performance, on 12/27/91 meeting I explained the President and Treasurer that I called staff members and participants. All denied all accusations in relation to the problem. However, a written warning was given to the driver. Copy of the same is on file. After this action, the (1/3/92) letter from the President was received stating that the driver's termination should take place. Since all procedures were followed and having no reasons or evidence, therefore, his immediate termination could not be executed at the time requested under the facts presented. The only committee that was formed was the Planning Committee on November 5, 1992. This Committee was established to study which areas needed priority In assessment. The only visit was while I was on vacation Thanksgiving week 1991 while the site manager was in charge at which time the then board member -now appointed executive director 3/9/92 -Abadia Escobosa came to the center. Ms. Escobosa never discussed with me after her visit to the center Thanksgiving week 1991 or at any time prior to my termination any of the proposed or actual findings on her visit. This entire lack of due process of a sudden termination of the Executive Director without any notification of it or opportunity to be heard or to confront any alleged accusers or to present witnesses or evidence or to be heard at a board meeting or otherwise is obvious. Due process is built into the new Corporation we have formed. If there were complaints by participants to the board, such 06 were never passed on to me before my sudden termination demonstrating once again lack of board participation and lack of due process. It is proper for you to get acquainted with the procedures and their mentioned findings in the evaluations since IICDCC Inc. receives funds from the City and It would give you a clear view of their operation. This board did not provide nor mentioned requirements for the chief operating officer of the program not only at the time of my hiring, but along the years their interest was absent. The fact of not being knowledgeable made them give average scores in the evaluation forms used, not proper for an executive director. This termination was a "power play" by the board of directors. My responses to the so called findings are well reasoned and supported by evidence. Copy of the evaluations and my responses are attached. They agreed to not consider my responses. r1 f i rs :4 r7 — a r•� v r.a Cunt. Page 6 BOARD OF DIRECTORS: The board of directors lack of interest is demonstrated by not visiting the center and letting the elderlies know who they are. There are so many beautiful things that can be done with the elderlies and the community in general that only people with real involvement, interest, leadership, and who are truly concerned for the community, can accomplish these. To prove this you can request from the elderlies to enumerate the activities and involvement of the board within the community during the time I served the elderlies. It is true that all those served by the program do have much to offer and that is why now they are in state of depression since this board never took in consideration their opinions. All human beings have the capacity to learn and have the right to be educated without being discriminated by age, color or religious beliefs. All this non -caring on behalf of the board has made them face reality and causing the elderlies to uprise their voices claiming for their rights. Visual and voiced proof of this has been demonstrated at the two hearings that we have attended to discuss this whole issue, where the vast majority of them assisted and opened up to express the need of a new board and a new corporation designed to care for the elderlies. Being of great concern this request by the elderlies, and other citizens, a new corporation has been formed, where the elderlies will be actively Involved gaining self sufficiency, reducing illiteracy, and at the same time feeding the whole new board with all sorts of in -put of their needs or desires, working in unison to accomplish all pertinent elderly issues, and having five (5) elderlies on the Board of Directors. Abadia Adames, known also as Abadia Escobosa, was a former active member of the board of directors of HCDCC Inc. until my termination. There is no record in November's minutes that she could not longer assist to board meetings and no .loud comments were made. Despite the fact as mentioned in her letter that she may not be able to attend any further meetings, in that very same meeting she accepted to be on the Planning Committee that consisted of her person only. Evidence of this could be found in November's board meeting minutes. Copy of this is attached. There were no committees formed to review the center's performance or my performance, as stated in her letter. All this contradiction is well supported by evidence and it demonstrates the presence of "power play". Ms. Escobosa visited the center during my absence eventhough the board was informed and approved my vacations. Cunt . Page 7 Findings, If aiiy, were never' reported or discussed with my person. Not having a board meeting In December and the following one, that was on January 24, 1992, being the agenda the non -notified in advance termination, Ms. Escobosa, looking for employment at the time, also participating actively and voting for my termination, resigned as part of the board and applied for the open position. The Vice - President handled personally her resume, not following procedures adopted with the rest of the applications. It is obvious that "power play" took place. In our new corporation such conflicts of interest will not only be avoided, but also there is built into the new Corporation's Personnel Policies due process of law. RETRIBUTION: The board's lack of involvement with the elderlies did not provide the vision to acknowledge what the elderlies _ requested, supported, and desired. Soon after my $ termination, the elderlies contacted me to inform me of their dissatisfaction of the action taken by the board, the poor administration and lack of concern of the present board, requesting that this needed to come to an end with the creation of a new board in a new corporation directed toward - the elderlies' needs. They also expressed their fear to support in what they believe. This is why it was called to all listeners attention on 3/26/92 hearing that all elderlies services should not be denied to any participant who assisted on that day. All complaints by the participants under my administration were considered and action was taken, if needed. My involvement with them was demonstrated with their presence. This demonstrates the lack of communication of the board with the administration by not following reasonable steps to solve a complaint. All requests from the board of directors were followed according to professional standards. As of my termination .there were no complaints from the participants and as stated on both evaluations by the board, good public relations was one of my assets. The elderlies petition, community leaders, and concerned citizens appointed me as the voice to be heard along with them. To meet their needs and their requests we have formed a new Board and a new Corporation which specifically states that its purposes are directed to serving the elderlies. Copy of Articles of Incorporation of the new Corporation are attached. The praiseworthy words used in page 3, first paragraph (3/24/92 letter) to describe how they comply with the requirements of different agencies should be routinely applicable whenever necessary. The President of the board obviated simple ethics code by using Dade County Public Schools stationery to inform Francena Brooks, from Community Development the dissolution of my person from DHSC., signing It as the Board President. Copy of my termination letter on Dade County School Board stationery is attached. Cont . Page 8 a CONCLUSION: It is almost humorous that the board in 3/24/92 letter wants to be ,fudged fairly based upon the facts, and if there were any questions they want an adequate opportunity to respond. That is my complaint against the present board. I wanted to he judged fairly based upon the facts and if there were any question I wanted an adequate opportunity to respond. This Is what due process of law is all about. I never received due process, but in our new Corporation with a new Board, there will be due process of law, as well as, having a program solely directed towards the elderlies. Further, they do not want you to read the press. The press Is only reporting what the elderlies say and want. On the positive side your own City of Miami Administration reported quarterly on the excellent Job I did. We request you allow this new Corporation and this new Board of Directors to take over the De Hostos Senior Center, and accomplish what has been lacking in a corporation whose name indicates it is for childcare and whose emphasis has been on child care and not on the elderlies. We welcome any ideas or suggestions by the City of Miami. If you have any further questions, please do not hesitate to contact me at 534-0598. Respectfully, l famAorales cc: Vice -Mayor Commissioners Mr. Frank Castaneda Mr. Luis Carrasquillo City Manager t i7 1 e7 W j � y t W :x x DE HOSTOS SENIOR CENTER. M 2902 N.W. 2nd Avenue Miami, Florida 33127 (305) 573-6220 Nw00q March 24, 1992 Mr. Xavier Suarez, Mayor City of Miami 3500 Pan American Drive Miami, Florida Honorable Mayor Suarez: Holy Cross Day Care Center, Inc., had not previously been aware of the many allegations made by Mr. Morales at the recent meeting of the City Commis- ; sionerse However, it is clear from his oral presentation and newspaper articles that he feels he was terminated improperly and that some of the elderly who have supported him in his allegations may be or have been denied services. TERMINATION: Mr. Morales is a very personable man. However, it was the opinion of the Board of Directors that he was.not,following the goals set by the governing body.: — and the operations were poorly administered by Mr. Morales. Mr. Morales was given the job as administrator with the understanding that he was on probation for nine (9) months, beginning July 1, 1991. There were periodic evaluations in which Mr. Morales participated. Each evaluation was brought before the Board of Directors and a written report was provided. On - at least two occasions Mr. Morales provided a rebuttal. At each evaluation Mi. Morales was advised of the probation period, further evaluations and the consequences of failing to meet the requirements of the Board of Directors. Mr -'Morales was advised of his shortcomings or the desires of the Board of Directors by letter or by direct confrontation by the evaluation committee or the President on 6/20/94, 9/13/91, 16/10/91 and 12/27/91. This was in ad— dition topersonal verbal comments and consultations. The -Board of Directors had to set up a special committee to review and evaluate office procedures and recommend procedure for the staff. The committee. and many of the objections to the performance of Mr. Morales were prompted by the complaints and questions of staff and elderly participants. Some.of the elderly participants who appeared with Mr. Morales did in fact 'register complaints to members of the Board of Directors. BOARD OF DIRECTORS MRS. MAR1A M. MARRERO-NEVILLE, Board President 'MR. GAMALIEL RIVERA. Vice President ISRAEL RODRIGUEZ. Treasurer OLGA IRIS NATAL, Secretary ' " - - EMILIO LOPEZ. Board Member PEDRO MEDINA, Board Member 'sponsored by !=::, -s Cap Care Center. Inc. I Mayor Suarez March 24, 1992 It would not be appropriate to detail the findings of the evaluation committee and the Board of Directors. But it is important and appropriate to establish that the termination of Mr. Morales was well. reasoned and ,fell supported by the evidence. It was not a "power play" by any board members. The Board of Directors had its requirements for the chief operating officer of the program and Mr. Morales did not meet those requirements. BOARD OF DIRECTORS: .� The Board of Directors is composed of people who have an interest in the com- munity of Wynwood and the people served by the program. Each member has shown by the member's involvement in the community or by the member's employment that the best interests of the community served by the senior center program as well as the day care program for children are altruistic and close to their hearts. There is no personal aggrandizement desired. Those served by the program do have much to offer in the way of information and opinions. But that does not necessarily mean that they should also govern a program. One of the Board's requests of Mr. Morales was that two advisory committees be set up to gain the insight of the participants and professionals in areas related to aging and care for the elderly. When Mr. Morales was te_rmina d by the Bodrd of Directors it sought applications and obtained 16. Of those 8 were invited for interviews. The interviews were held on the 26th and 28th-=of danuaxg. 1992. The current program direcCZi-for the senior center program, Abadia Adames, was interviewed on the 28th and re- ported to work in early March. Abadia Adames was a former member of the Board of Directors. However, she resigned prior to applying for the position. She attended a board meeting in November and advised members of the board that due to her employment she may not be able to attend any further board meetings. She was called and re- quested to attend the January meeting at which time Mr. Morales would be a topic of discussion. Her attendance waq important because she was involved in at least one committee that reviewed the center's performance and the work performance of Mr. Morales. She resigned after that meeting. Mrs. Adames' prior employment was jeopardized by a failure to refund the program by a major funding source and thus she was looking for new employment. Mrs. Adames is very qualified for the position and her resume is available for scru- tiny. RETRIBUTION: At the commission meeting Mr. Morales declared that participants in the senior center were or would be denied services because of their support of Mr. Morales. The first time anyone on the Board of Directors of Holy Cross Day Care Center, Inc., knew who would be supporting Mr. Morales or even if they supported Mr. Morales was when they appeared at the City Commission meeting. Some of those who appeared have in the past complained of the operations for which Mr. Morales was responsible. Some of those complaints were the very reason the Board of Directors made certain requests of Mr. Morales. His failure to respond ade- quately to those complaints and requests is the reason Mr. Morales was terminated. rn` to i� �b i� I .Mayor Suarez -3- March 24, 1992 The contract with the City of Miami, federal requirements and simple ethics demands that individuals who are eligible for services by the senior center program be provided services if they meet income and age requirements. To hold'their benefits hostage because of their political views of opinions on the operation of the program is illegal and unconscionable. Holy Cross Day Care -Center, Inc., will not be a party to such an activity. If any participant or prospective participant has a complaint of denial of -.\ service or the provision of service in a discourteous manner such complaints will be investigated and appropriate action taken. Monitoring by the City of Miami is welcome. CONCLUSION: The Board of Directors of Holy Cross Day Care Center, Inc., welcomes inquiry by the City of Miami. We welcome ideas, suggestions and criticism. We ask that the program be judged on its operation and compliance with the contract, not by the words of a former employee. We ask that the actions of the Board of Directors be judged fairly based on the facts and that if there are any questions that they be presented with an adequate opportunity to respond. We ask that the program not be judged by the press reporting of the allegations. Mr. Morales povided the City Commission..with a booklet supposedly stating his position. No one representing Holy Cross Day Cate Center, Inc., has been pro- vided a copy of that booklet. Mr. Moralea-made allegations of violations of r law when he spoke before the City Commission. Holy Cross Day Care Center, Inc., has not been advised of those allegations before or since that meeting. Holy Cross Day Care Center, Inc., will cooperate with the City of Miami and any participants or prospective participants to operate a program that will enhance the dignity of those served as well as those serving the goals of the program. ,Respectful , C�G'aZ c2�Lti ' aria M. Marrero Board President cc:' Mr. Frank Castaneda / Ms. Franceno Brooks ✓ ; Board Members 1 s>r ILEANA ROS-LEHTINEN 18TH DISTRICT, FLORIDA COMMITTEES: FOREIGN AFFAIRS GOVERNMENT OPERATIONS Coiigrea of the mniteb btateo jDouge of Reprezentatibez March 16, 1992 Ms. Maria Marrero Neville President Holy Cross Day Care Center, Inc. 123 NE 36th Street Miami, Florida 33137 + Dear Ms. Marrero -Neville: PLEASE RESPOND TO: 416 CANNON 8UILI)MG ❑ WAiHINOTDN. OC 20515 12021 225-3931 DISTRICT OFFICE: 5731 8tut LAGOON OWE (NW 1 ITH STIIEET) SUITE 240 MuMi, FL 33126 (305) 282-1800 A constituent of my Congressional district, Mr. William Morales, has contacted my office regarding his concerns. Mr. Morales is interested that you review his letter. Mr. Morales kindly requests that his concerns be reviewed. Enclosed is information pertinent to the inquiry made by Mr. Morales, which my constituent hopes will provide insight into the situation. Sincerely, Ileana Ros-Lehtinen Member of Congress Enclosures IRL:ae cc: Mr. William Morales 2301 Collins Avenue, Apt. 407-A Miami Beach, F1 33139 1 10 HOLY CROSS DAY CARS. INC. PERFORMANCE AEPRAISAL FORM Name Williams Morales Date jnlinlat Title_ Director- De Hostos Senior Center - Performance Standards Criteria Comments & RatinQ � b 1. Planning Controlling and Organizina 1 2 3 4 5 n Work - The work is based on established goals and analysis of relevant facts. Since July 1, 1991,the Board ha: Develops and maintains quality standards not seen a complete work plan, i and measures for finished work and oper- terms of goals,time frames and ates work areas efficiently. responsible persons to attain such goals. 2. Supervision of Personnel t IZL 3 4 5 +r Establishes proper goals, advises employ- ees of what's expected and work related Mr. Morales has not shared with changes; delegates effectively and develops the Board any of the employees' innovative approaches in achieving work goals and time frames. He lacks goals. effective delegation skills. 3. Job Performance Employee performs specific assignments as outlined on employee's job descrip- tion or as assigned by the Board of Directors. Quantity (work - volume) and quality ( produce requirements of accu- racy and completeness ). 4. Dependability Extends to which employee can be counted on to carry out instructions and follow through. 5. Self Direction/Initiative Self starter, well organized; uses work time effectively in obtaining job objec- tives. r �.c. Transportation Review 1 l2� 3 4 5 Mr. Morales has met the contract goals for the City of Miami, but lacks creativity on broader expectations for the program. 1 rz1 3 4 5 —o .Mr. Morales needs to be reminder constantly, on Board recommenda- tions to be followed. 1 n 3 4 5 Mr. Morales has not demonstrates initiative, as to assertively attain programatic goals. Mr. Morales has not demonstrated average time management skills. 6. Problem Analysis / Decision Makinst Comprehensively analyzes work problems, make workable and timely decisions; - informs and/or consult with necessary persons during the decision -making process. y 1 f2) 3 55 Mr. Morales has demonstrated very weak understanding of the dynamics of the process, as to achieved to a sound decision. i.e. Alliance on Aging Grant - 7. Performance Appraisals Conducts official performance appraisals on subordinates in accordance to Center procedures and takes necessary and appro- piate action on the outcome of performances evaluated. 8. Attitude Amount of interest and enthusiasm shown in the employee's work and towards the goals of H.C.D.C.C./D.H.S.C. 9. Attendance and Punctuality Maintain a good attendance record; on time to work as expected. 10. Relationship with people This extends to which employee cooper- ates with and maintains good relations with the public, participants, other employees, granters, and community agencies employees. 11. EEO/ Affirmative Action Position vacancies filled during the rating period adequately reflect compliance with minority and female employment and as required by contracts. 12. Safety Practices Makes reasonable efforts to provide safe working conditions for self and subordinates. Ir 1 2 3 5 N/A 1 2 4 5 1 2 1"3) 4 5 _ I 2 3 4 5 Mr. Morales has demonstrated good public relations skills by attending meeting & activi- ties pertaining to the elderly. 1 2 3 4 5 1 2 ( 3/ 4 5 During this evaluation period Mr. Morales has made reasonable efforts to provide safe working conditions for self and subor- dinates, except the Vehicle Maintenance Procedures. 0 0 Mr. Morales evaluation rating during the period of July 1 to October 10,1991, is below average. On June 20, 1991 the Board held a meeting with Mr.Morales, in which the purpose, goals and objectives of De Hostos Senior Center, were discussed. The Board mentioned the probationary period, as a tool to measure performance and growth within the program. Mr. Morales was given recommendations that he nseded to develop for the following Board meeting, which should include specifics on goals, time frames and responsible person to attain those goals. As of October %Q P11991, Mr. Morales has not managed to understand or developed a complete work plan, providing the information requested in previous meetings by the Board of Directors. We encourage you to improve those areas, of poor or below average performance, and to consult with the Board members, in order to achieve an above average performance . If the overall rating is not improved by next evaluation period — October 11, 1991 to January 10, 1992, the necessary disciplinary action will be utilized. i D0- s er ■ v ..r 0 r w r so s I "s i To: Board of Directors Holy Cross Day Care Center Inc. From: William Morales, Director, De Hostos Senior Center Date: November 5, 1991 Suject: Respond to my performance evaluation The following is in response to the first evaluation received from the Board of Directors of HCDCC Inc. for job performance as part of DHSC for the period covered July 1, 1991 to September 30, 1991. At the same time I would like to state 10 briefly some remarks about myself for the acknowledgment of new and all members of the board. In October 1988, I was interviewed among others, and selected by the board of Directors to fill the position of Program Director. At the time all my effort was set forth the establishment of operational guidelines and procedures for DHSC. Without training DHSC emerged and came to life, major changes and improvements have occurred since then, such as: - acquisition of 1st, transportation media. - contract signed between Red Cross and DHSC in order to distribute commodities to participants and community residents. - development of public relations among commissioners and officers of the City of Miami. - became a recipient of Daily Bread for donations to be distributed. - enrollment in different organizations concerning aging matters. - acquisition of computers for a better performance at the center. - effective trainings resulting in promotions. - development of kiosk Domino. - offices have been remodeled and decorated. - City of Miami requirements have been surpassed demonstrating a good performance of the staff under my supervision. - participation and involvement in community affairs and issues. - obtaining grant from a private funding source for $1000.00 - good deal with Catholic Community Services alleviating operational expenses at DHSC budget. - development of high quality activities. - increase in number and involvement of volunteers in the performance of other ►. y .10 As you can see, enthusiasm, creativity, good working habits, time wisely spent, and dependability have been an integral part throughout all this years. It has been a pleasant experience and I feel proud to be part of DHSC. The growth and development of it are my major concern. r 0 1". Planning Controlling and Organizing Work: Prior to July 1st, before the transition I, William Morales created a complete work plan of DHSC new goals to be presented to the Hoard of Directors. This action plan was revised and is in the process cif been changed according to recommendations. Established goals that have been successfully achieved during the months cif July through September are: A- Domino Kiosk Inauguration. H- Completion of computer workshop by staff. C- Planning and organization of Anniversary celebrated in October 1991. D- Catholic Community Services granted DHSC an allowance to be used for weekend meals to the elderly trough my efforts, new agreement will be discuss for the second half of the fiscal year by January 1992. E- Establishment of a fund raising campaign. F- Reduction of operational expenses by lowering insurance rates. Supervision of Personnel: Employees at DHSC have been effectively trained and assigned specific tasks. Staff meetings are carried on regular basis to inform or discuss goals, changes, delegations and other work related matters, as well as, their professional growth in this field as and innovative approach of DHSC. $i Job Performance: DHSC has met and surpassed the contracted requirements for the City of Miami up to now. New responsibilities lead me to create an Action Plan for the improvement and growth of this program keeping in mind elderly needs as well as the importance of their participation. 4> Dependability: DHSC has been kept operating successfully. Recommendations form an integral part of the whole. A list of recommendations not followed will be appreciated in -order to revise and follow through. 5::• Self Direction / initiative: New programmatic goals have been stated in the action plan, in which some of the goals have been already implemented and others to be initiated in the near future. The proper functioning of DHSC, and innovations such as: creation of an action plan, staff professional growth, and fund raising campaign demonstrate how part of time management was utilized. E;. Problem Analysis / Decision Making: Comprehensive analysis of work problems, consulting with necessary persons and timely decisions are taken into cr-Insider at ion when required to achieve a wart:: related matter. All iancE .n Aging grant revoked `he sending .Yf proposal for nc,t complying with the r_ayuieefriunts. e 7> N /A 8". Attitude: A positive attitude, enthusiasm, interest and dedication have lead me to: A. work effectively towards operational purposes. b. comply with requirements. c. obtain goals established. d. create new action plan and goals. e. invest leisure time to accelerate projects in view for DHSC. f. understand vividly elderly needs and behavior through inter -personal relationships with participants, and workshops attended. This habitual positive attitude have presently existed since I became part of DHSC. 9> Attendance and punctuality: In order to reconsider the evaluation on this item I am submitting you copy of time sheets used for payroll purpose and City of Miami reports. 10> Relationship with people: Proper communication and relationship with the public, participants, other employees, granters and community agencies employees have made the City of Miami, the staff, participants from other centers, new enrollees, and regular participants coincide in their appreciation of DHSC, as an active center with a merry environment. 11> EEO / Affirmative Action: DHSC has been and will be in compliance with EEO. Open positions are filled according to DHSC necessities. Promotions have been considered and taken placed. 12> Safety Practices: Safety procedures have been followed. Regarding transportation, a detailed file was prepared and due to a misunderstanding between DHSC and DOT the proper forms were not utilized. Corrective action has taken place. r A VI" r aIA 0 El HOLY CROSS DAY CARE. INC. PERFORMANCE APPRAISAL -FORM -- 'lame Mr. William Morales Title Fxp-r-utive Director - De Hostos Senior Center Performance Standards Criteria 1. Planning Controlling and Oreanizinst Work - The work is based on established goals and analysis of relevant facts. Develops and maintains quality standards .and measures for finished work and oper- ates work areas efficiently. ' Date 1/10/92 Comments & Ratings 1 62) 3 4 5 E See Attached ) 2. Supervision of Personnel 2 3 4 5 Establishes proper goals, advises employ- ees o!. what's expected and work related -ie Attached ) changes; delegates effectively and develops innovative approaches in achieving work goals. 3. Job Performance, 1 3 4 5 Employee performs specific assignments as outlined on employee's job descrip- (See Attached) tion or as assigned by the Board of Directors. Quantity (work - volume) and quality ( produce requirements of -accu- racy and completeness ). 4. Dependability 0 1 (_�_/ 3 4 5 Extends to which employee can be counted on to carry out instructions and follow (See Attached) through. 5. Self Direction/Initiative 1 (Z / 3 4 5 Self starter, well organized; uses work time effectively in obtaining job objec- (See Attached) tives. f 1. During this probationary period, Mr. Morales gave the Board to Directors a work plan of what he thought should be the program goals -and objectives. After several reviews and meetings to provide feedback the Board of Directors understand that such plan is not meeting the full scope of goals and objectives for the De Hostos Senior Center. The Board of Directors has not been able to measure the outcome of the short term goals, since those goals are not clearly expressed. 2. During this probationary period, Mr. Morales has not shown a clear under- standing of the Center's organizational chart. Therefore, the proper chain of command has never been established, which creates confusion and misunderstanding and low morale. There is not effective coordination among staff in terms of Center's priorities to better serve the elderly. 3. Mr. Morales doesn't respond effectively to the Board of Directors sug- gestions or recommendations. e.e. see memo dated January 3, 1992. ARN Mr. Morales continues to meet the City of Miami contracted goals, qwj but has not shown any interest in doing program outreach within the Wynwood community. 4. Mr. Morales contunuew to lack dependabliity in issues that are important to be followed through, without the Board of Directors interference. 5. Mr. Morales lacks init'_aZive in organizing the Center's work effective"', in order to attain set goals/objectives. Mr. Morales still doesn't demonstrate average time :lanagement skills. 6. Mr. Morales lacks of good communication skillswith the Center staff. He procrastinates when making a decision, that is needed to be made in a timely manner. i.e. Letter of intend to Department of Transportation was received beyond the deadlind date at the agency. f 7. Mr. Morales conducted official preformance evaluation with staff but without feedback and/or recomendations of the employees' immediate supervisor. 8. During the time of evaluations. interest and enthusiasm have decreased as Board of Directors have tried to help structure the program. 9. Mr. 'Morales maintainq a good attendance record, although not prior to Board Director's recommendation. Mr. Morales has left the premises, prior to staff leaving the Center, although being instructed different. i.e. December 24, 1991. 10. Mr. Morales continued to demonstrate good public relation skills by at- \ tending Community affairs related to the elderly. During this evaluation v period the Board of Directors has received several concerns regarding appropriate communication between Director and staff. r S *1 11. NO COMMENTS 12. Mr. Morales has failed to investigate any of the several complaints about the driver, in terms of careless driving and other serious issues per- taining the safety of the participants. COMMENTS OF BOARD Mr. Morales evaluation rating during the period of October 1, 1991 to December 31, 1991 continued to be below average. The Board of Directors have tried in many different ways to convey to Mr. Morales the importance of carrying out an assertive leadership Among participants, staff, and community members. The Center continues to lack programatic goals that could enhance the delivery of services to the elderly. Mr. Morales was recommended to be the Center Executive Director with the understanding of a 9 month probationary period to evaluate his managerial skills and programatic goals. As per last evaluation period and the present evaluation, Mr. Morales has failed to meet the required standards to maintain his position as Center Director. Therefore, he failed to pass his probationary period as of today. Ir Answer to performance evaluation of 1/10/92 From: by William Morales To: Board of Directors HCDCC Inc. Date % February 2, 1992 1. The board of directors requested me to develop a work; plan for De Hostos Senior Center without been specific and clear on what they thought should be the program goals and objectives. The work plan was reviewed and corrected according to suggestions with the help of Mr. Israel Rodriguez, a board member. The work plan was submitted and the only comment made by the chairperson was that some items were left out from the previous one. Items were added. There were no further comments or suggestions until this evaluation. 2. As a director, chain of command was always established, taking into consideration qualifications and knowledge of the program in.order to serve better the elderly. 3. As a director of DHSC and in answer to your memo 1/3/92, a staff meeting was called immediately. Once again the organizational chart was presented and discussed. Personal long distance calls were discontinued and a compensatory time log was developed and implemented. As I explained to you, the procedure followed regarding the driver was: An investigation and discussion on issue with the staff and participants apparently affected. They all denied any misconduct. In the driver's personnel file exists a warning. A copy of the same was sent to you. This investigation was taken even further by reviewing and examining again with his immediate supervisor, who expressed his improvement. I do not thin; there is enough evidence or grounds for a justified termination. Regarding the outreach and as I explained to Ms. Abadia Escobosa, board member and understanding that outreach means attract more participants to the center, we have been in compliance with •city requirements since the first quarter. If you refer to outreach within the Wynwood community I would also like to remind you that I am a member of Wynwood Advisory Community board. r tie rr _ � y Paget 0 )�y 4. As a Director, dependability has been one of my most important tasks during the administration of DHSC. When board interfered, I always tried to make sure that your recommendations were legal, for the benefit of the organization. S. When I started as a director of DHSC no one gave me any directions, goals or objectives of the program. At the present time goals and objectives of the center were based on previous administrations, found after an extensive research. 6. Communications skills including staff interaction is one of my priorities as a director. You can see evidence on staff meetings minutes. Regarding the letter of intent sent to DOT and as I explained to you before and now again, the letter of intent was sent to DOT the very same day that I received the notification. It was sent by local mail, understanding that local correspondence will not take more than two days. Finally, the proposal and the application were received. 7. Performance evaluation took place after July for performance prior to July 1991. Informal recommendation from immediate supervisor was taken into consideration. S. The board of directors never showed real enthusiasm towards the program. Enthusiasm did not decrease, but morale since the board started meeting with the staff without the director's acknowledgment of issues in matter for discussion and solution, if any. 9. Recommendations are always welcome, even though doing things right and accordingly, like attendance. Evidence of this is to be found in attendance time sheet at DHSC. On December 24th you authorized that day in specific to leave by 1:30. From 1:30 on there was a social activity in which I participated and shared with staff, leaving almost at the end, eventhough I was not feeling well. Ir Page3 10. A continues effort to maintain good relation with staff and all matters related to the elderly prevailed at all times. The beard or any staff member has never informed me verbally or written concerns regarding appropriate communications between director and staff. Meetings.with board member and staff were held without my presence and in some instances without my knowledge to discuss matters and issues that up this point have not been exposed to my person. Final judgement was made by the board of directors after analyzing matter in issue partially and not as a whole. According to NCNB Governance series booklet, " board members should decline to hear complains about the executive from staff and should not invite discussion of the executives? performance from them. To do so is to risk moral within the organization and to distort proper lines of responsibilities. The chairperson or the board member should talk directly with the executive to make a self -appraisal regarding the .judgements of others. Once the assessment has been completed it should be shared in confidence with the full board and executive. 11. N/A 12. See # 3 As I explain to you verbally, I can not put my resignation because I feel capacitated to administrate and follow through main mission of DHSC. By terminating me you are tearing apart bands established end hurting elderly feelings. The elderlies are the reason of the center's existence. C a- E 0 ta`. _-4 November b, P�91 M I N U T E S of the DE HOGI-OS SEN1614 CENTER BOARD 01: DIRF_r-.mr?F, Preserl L I r-, !�l '7 Abadia Escobusa Williom 11ol.-Aes Gainaliel Rivera Elvir. Sal lvador Olga Iris Natal Pedro Medina Israel Rodriquez Maria M. Marrero -Neville EXLUS30d: Emilio Lopez b es as cs TOPIC 1) U-3POS 17* ION 1. Olianim.1 of the MeeUmj Mrs. Maria I'lar-ruro-No7vil,le opener! L I i e m i �E- L j. i i y al 4 : .'V I Reading of minutes of UrLubr,r 10, 1991 CDP 41 Motion by Mr. GAmal ieJ Hivc,ri to accepts mimlte, aS; corrected. Second by Mrr:­ Olga Nata I . Appri.-wed ET unanimously. R: r :), .1.991 M I N U T E S of the DE H051.OS SENIOR CENTER BOARD 01 DIRE -firm Pr'esen t : Abadia Escobusa Gainaliel Rivera Olga Iris Natal Pedro Medina Israel Rodriguez Maria M. Marrero -Neville ExcuS(gd : Emilio Lopez TUPIL 1. Uhrnirrd of the Meet.iny Wi11ioni MmroIe_ Elvin Salvador 1) I SPOSi IT I ON Mrs. Maria Nar•ruro-Nevi I -If? opened the aL 4: ;r, p.m. Reacting of minuLvs of 00-ober 10, 1991 . Motion by Mr. Gamy it iel Hivor i to accepts miriute�. as3 corrected. Second by Olga Natal Appr ewf?ri unanif110L.15ly. N Board Mee ling can't Nov. 5, 1991 page 2 NEW BUSINESS 1 . Accoun Lan 1: 2. Finance Mr-. Elvis 5alvarh?r r c�r_c�rnmr_•ridr�rl riot to qo wi. to EDP Sys- twm this year for DHSC and to inr_lucle in the fee acr_caunt the Directcir•s Sigrrature since Lhere are no allocation for this year in IJHSC's budget. Motion by Mr. Rivera to r_roaLe a separate fee account for DHSC -for new fiscal year and t-•u include this expenses in next: fiscal year budget. Second by Mrs. Abadia Escobosa. Approved unanimously. Mr. Pedro Medina I?i.%= resignation as treas::ur'er• (:if t lie Corporation and he explained that his decision is b?sed in the relation betwec?rr INIS C and the DOT and sinco he wor 1, for UOf it could be a c_oril 1 icl of interest.. Motion by llb��rii•aa Escobosa to Mr. Mcdins's resigiiAtion as treasurer of the Cur-p. Soccmd by Mrs. Olga Natal. Motion by Mr. Gamy t is l Rivera to nominate Mr. Israrel Rodr1guez as the treasurer c-)f t•ho Corporation. Sr?c.arrd by Mrs. Olgo Natal. Approved unanimously. 3 Board Meeting con' t Nov. 5, 1991 page 3 3. Bookkeeping A f Ler discussion by' Lhe I ar-d r e g a r dj.ng the bookkeeping of DHSC Mr . Gama 1 ie 1 Hivhr a ntrjve� L•he_ motion that Mr. Wt.1l.iarn Morales, Mr. Gr•vgorin I...i.nr_I i-.tnd 4. Comm i L• tee► 5. Mc!mhc_rshila OLD BUSINESS 1. Sttmm.ariF�s SLaLcemr:niLs rt?ceived by Chu hoard Mrs. YatrnileLh Pi.rrill.a by trained on the buukkenping system of DHCS by Mr. E.Ivi -� Sa 1 vadtar. . Second by Mrs. 01 gat Ms. Marrero -Neville mention that she would l.il•:.e I:o new committees and she men t:ion office and procedures committee and by-law committee. III r. Pedro Medina suggesLed I_hah the board should create it initial one and named planning committee and that• L•hi committee will establish whi.0 t areas needs prior• i L•y in a'sessnten L . Mrs. Marrero -Neville rappoi.rt l e+d for this cornrnitfto Mrs. Abaciia Escobo-sa and she .accupt:ed. For the by-laws ccarnmi L• I;r=u created Ms. Marroro-Neville appointed Mr. Pedro i'ludi.na .tnd Mr. Emilio Lopez. 1`1r . pe dro Medina accepted and Mr. EEmilio Lopez will be notify. Mrs. Olga Natal repor•t:s L•hal- she is in Lhe.process of screening two new appl ir.,:ttiorts. Mr. Pedro Iledina mul_inti Lu - Cepts reports received for periods of July, Auytrr-,1: .1rlr1 L;ep temhE?r. . ;;eronr.l by Mr. Israel Rodriguez. WWI Board Meeting coil' L Nov. 5, 1991 page 4 Bradgr_ L -Per!;crone? l 4. Eva luat.ion `? . Old Ltus.We ss- 6 . Tr"a1n�i fll fr' Lr1 (,I.f 111 c �n � W o Mr-. Elvis; Salvador t,t.thmil: first. 1 t l.i.nn ].tern chau►gE, J.n DIASU's ! bucJyet: to br' suhrnitted Lu I:hr:+ City of Miami. Mu Li on by Mr _,'. to approved Line? .i Lern r_hrtnycr in DI-ISC' s budget. Second by Mr. Israel Radrirat.►t-:.. Mr. Pedru I°ledinLA olisLai.n and N approved with a rna .i or t Ly . Mr. G,amal iel Rivera repor 1::; tha L he is wai Lind f r um I+.. t_a Villa in writing what dur►tt- for a complete repui-L. y .-7 fa Mr. Rivera stated LhaL the in Len Lion of the UvOl ua L iun L'u Mr. Morales is noLhir►q persur►al against him and Lher e ary c-umL� areas that has tri he imprrtved and that he wart L to twe some kind of growth .in the cenL'e?r in' a near future. Ms. Marrero mertl:iori th.aL Lht- evaluation period waS f►-om July 1991 and Lhat she i.s noL going to consider anything prior to that date. Motion by Abadi..a Esuabou-a to y approved Mr. Mor-a i c?s evaluat•iorr. Second by Mr-. Pedru Medina. e Ms. Mear repro inado :untr? GLICJYCr tUOIrS in- how U-1 irnfir-nve j the action pl ari. Ij Ms. Marrero repnrl I:h,:tl s;hr F—W. rttt a 1,7ttttr- to I?r1i ,an'l 1'lr-. � Mrra (?r tt 1 c;n tsr•^r► t ,, r•ir•r r�r 1 i rt M at-l'.it�rt pl.art r7n firrOir►n fr -(.I t� s nnr.` A N o Cn •^n �M - aw O t!' :s 7 �O t Na• Y i i L �'.. 1 -.. k '..1.., ... .... 1 ��✓ � � 4l 4 aX II �'� i�•�T � a e t t r - f August 20, 1991. Mr. William Morales, Director De Hostos Senior Center 2901 NW 2nd Avenue Miami, Florida 33137 Dear William, On June 20,1991 we met to clarify various issues, concerning the administration of De Hostos Senior Center and your private non-profit business. In relation to the administration of the De Hostos Center, we encouraged you to share ideas, information with your staff in the best healthy atmosphere, as how the change should improve the Center and what is expected from them. We expressed the need to establish specific goals and objectives for the program at short and long term. We suggested the creation of two advisory panels, to help you with ideas and funding sources. One of those advisory panels should involve participants, the other should involve professionals in the field of aging. Another suggestion was made for constant participation in groups, that are directly involve with elderly issues. You were asked to provide more information, on specific needs that the elderly population at Wynwood is having, so programs can be developed towards meeting those needs. It is important to keep good.sta- tistics of services offered to the Wynwood population, as well as participants from adjacent communities. It is also important to maintain a good relationship with the Wynwood Neighborhood Center manager. In reference to your private business, we discussed the following: A) None of the equipment, neither personnel of De Hostos Senior Center - Holy Cross Day Care Center, Inc., will be utilized i to perform private business. B) The telephone number of the Center shouldn't be listed on any private business cards. C) Any of the Center's resources shouldn't be used for any other purpose ,except for the benefit of the elderly program. We reiterate our commitment to the betterment of the program of De Hostos Senior Center. erely a M. rr ro- vill Board President r( e-President l�ro MCdina, Board Treasurer cc: Board Members 11 August 20, 1991. Mr. William Morales, Director De Hostos Senior Center 2901 NW 2nd Avenue Miami, Florida 33137 Dear William, On June 20,1991 we met to clarify various issues, concerning the administration of De Hostos Senior Center and your private non-profit business. In relation to the administration of the De Hostos Center, we encouraged you to share ideas, information with your staff in the best healthy atmosphere, as hoc, the change should improve the Center and what is expected from them. We expressed the need to establish specific goals and'objectives for the program at short and long term. We suggested the creation of two advisory panels, to help you with ideas and funding sources. One of those advisory panels should involve participants, the other should involve professionals in the field of aging. Another suggestion was made for constant participation in groups, that are directly involve with elderly issues. You were asked to provide more information, on specific needs that the elderly population at Wynwood is having, so programs can be developed towards meeting those needs. It is important to keep good.sta- tistics of services offered to the Wynwood population, as well as participants from adjacent communities. It is also important to maintain a good relationship with the Wynwood Neighborhood Center manager. In reference to your private business, we discussed the following: j A) None of the equipment, neither personnel of De Hostos Senior — Center - Holy Cross Day Care Center, Inc., will be utilized to perform private business. B) The telephone number of the Center shouldn't be listed on any private business cards. jC) Any of the Center's resources shouldn't be used for any other purpose ,except for the benefit of the elderly program. i j We reiterate our commitment to the betterment of the program of De Hostos i Senior Center. I Yrinerely M. rr ro-N vill , Board President G �' ra( e-President "�I&ro Mddina, Board Treasurer i cc: Board :Members September 13, 1991. Mr. William Morales, Director De Hostos Senior Center 2902 NW 2nd Avenue Miami, Florida Dear William, As per our conversation of September 10, 1991, I wn.•.ld like to see before next board meeting, a written contingency plan, as how to avoid future transportation problems, that prevents the Center for servicing the elderly people ,already scheduled. Please be advised that such plan should be discussed with the finance committee prior to our next board meeting, for recommendations. Please call me,.if I can be of any assistance. Sincerely, M. MarrYroa- riaNeville Board President cc: Board members January 3, 1992. Mr. William Morales, Director De Hostos Senior Center 2902 NW 2nd Avenue Miami, Florida Dear William: On December 27, 1991, at 11:30 A.M., we met to work on some of the concerns DHSC staff have expressed to the Board of Directors. We re -explained the Center's organizational chart, since some of the concerns were related to the shared supervisory responsabilities, when you are not in the building. A copy of the finalize organizational chart, approved by the Board of Directors, must be given to the staff and advise them of the proper bchain of command. We understand that the staff is authorized to make long distance -personal- telephone calls and pay for them at billing time. This practice should be discontinued inmediately, and these calls should be billed directly to their home telephones. We understand that the staff working hours have been established from 8:30 A.M. to 5:00 P.M., and there is no compensatory time allowed. The Center staff shall be prepared to work with the elderly population as soon as the elderly person walks thru the door at 8:30 A.M. Staff needs time to get ready prior to the opening of services to the elderly. A compensatory time log, needs to be developed, as well as, the appropiate procedures on the use of such time. This information should be presented to the planning committee of the Board of Directors for approval before further discussion with the staff. We undersatand there is not effective coordination among the staff, in terms of prioritizing the work to be performed at the Center. There are several concerns about the driver's performance and attendance: 1) Several times in which he has been or planned to be absent and doesn't call early in the morning, in order to make proper arrangements for pick up of the elderly. This is one of the reasons of poor attendance of the elderly to the center. 2) Several times in which outside people has called the center, complaining about driving beyond the speed limit. 3) Several times in which he has been disrespectful to staff and carried out a threating tone and demeanor. '= 4) Several times in which he has requested money from the center's clients, as advanced payment of his work. (fixing cars) l i i i r] kv i Mr. William Morales Page 2 We advised you to handle this matter inmediately, in order to terminate this individual as soon as possible. We do not need to have staff that cannot follow the Center's policies and procedures. Please be advised that we do not intend to call your attention on any of these matters again. The information given to you was cleared ,and you has expressed clear understanding of all the issues. Sincerely r", a M. rr o —d Presid nt Pedro A. Medi Board Member r HO �ROSS DAY CARE CENTER, Ift- PERSONNEL POLICIES I. Employment Practices: A. All positions will be established by the Board of Directors. B. Applicants for all positions shall submit an agency application form. A personal interview by the Executive Director will be required whenever possible. References and professional background, experience and education will be submitted along with the application. C. Applicants shall be appointed on the basis of qualifications regardless of color, race, sex, religion, national origin or handicap. D. The Executive Director shall appoint all new staff members to a four (4) month probationary period, during which time vacation and sick leave will not be earned. At the end of the four (4) month period` the Executive Director shall prepare a written evaluation and determination. At which time the Executive Director may conclude to extend the probationary period for two (2) additional months. E. Staff members shall normally work forty (40) hours per week. Yet, all employees are expected to attend community meetings, parents meetings, trainings and related activities determined by the Executive Director. Time for such meetings and activities is built into the salary schedule. F. Responsibilities for each position will be spelled out in detail in the job descriptions which will be attached to these policies. G. An acknowledgment letter will be signed by each. employee stating that they have received, discussed, and are in agreement with the Personnel Policies and their Job Description. H. A picture of each employee will be attached to their Personal Data Form at the beginning of employment and will be updated every two (2) years after. I. Each employee must file an Application for Police Background Investigation, Child Abuse Registry and fingerprinting within the first week of employment. These forms must be renewed every five (5) years except the Executive Director who will need to renew these every year. Holy Cross Day Care Center, Inc. Page 6 Personnel Policies (cont'd) XV. Promotions: A. Promotions will be based on the individual's performance and educational background. B. Said promotions will be subject to the existing budget. C. Said promotions will take place when an individual can satisfactorily perform the responsibilities of the next higher position on the Salary Position Schedule and therefore has acquired the knowledge of said job description. D. Promotions will take place at the beginning of the Center's Fiscal Year. XVI. Demotions: A. Demotions will be determined based on the individual's performance. When said performance fails to demonstrate the expected competencies described in the respective job description. B. Demotions can be assigned at any time within the Fiscal Year. XVII. Resignat/ons"and or Notices of Dismissals: Execut a Director: a: A The Executive Director shall give the Board of Directors a one month notice in writing of his/her resignation. B. The Board of Directors shall give the Executive Director a one month notice in writing for his/her termination. y Staff Members: A. Any staff members resigning to his/her position shall give the Executive Director two (2) weeks notice in writing. B. An staff member who is to be terminated shall receive two (2T weeks notice in writing by the Executive Director. C. HOWEVER, IF ANY EMPLOYEE IS TERMINATED BY REASON OF MALFEASANCE, TERMINATION SHALL BE EFFECTIVE IMMEDIATELY. D. Any staff member who receives notice of termination has the option to file grievance and must follow grievance and/or appeal procedures as they are stated in these policies. COUNTY PUBLIC SCHOOLS REGION III ADMINISTRATIVE OFFICE • 489 EAST DRIVE • MIAMI SPRINGS, FLORIDA 3316 OCTAVIO J. YI3I900 DADR COUNTY SCHOOL rOAA G 6VP1AWTF"W4T OP SCHOOL@ UA. WILLIAAA K n PNM 04W"ReC JANBT R. MCAMe'Y. WOE-0NMAPER6C = HENRY GOA AAA. 0. FAMM90 IIIRADDIX SUPERINTENDENT OR ROSA CMUFM FEINKA _ AEOION IM M& oM KAPLA DR. WI*4Aa KRQ . MA 190/11AT RANK January 216 1992. Ms. Francena Brooks, Assistant Director City of Miami - Community Development 300 Biscayne Boulevard Nay Suite 101 Miami, Florida 33132 Dear Ms. Brooks: N5 of today, Mr. William Morales is no longer the Director of De Ilostos Senior renter. Mr. Gregorio Lind will be the Acting Director, until the Director's vacancy 1s filled. New applications for this position are now being accepted, and a final decision will be made soon. In the meantime, if there are any questions concerning the program, please do not hesitate to contact Mr. Lind. Thank you so much for your attention on this matter. in erel aria M. rr o -Neville Board President cc: Mr.Gregorio Lind Board Members JAN-27-92 MON 15:24 area. n. c. P. 02 i I TO TIM CITY OF All AMI 14AYOR AND COMMISSIONERS In as much as you have already received some findings of the board of IICDCC Inc., as an ineffective board not focusing on the De Itostos Senior Center elderlies, I will be brief in order to provide time for those who want to male their own statement. Numerous phone calls and support from other leaders and the community In general encouraged me to represent the elderly in Wynwood and brought me here to speak about inJustices, lack of due process, conflict of interest, violations of personnel policies and by-laws by IICDCC Inc., and Inc]; of Interest of the present board of directors regarding DHSC and its elderlies. Personnel Policios have been violated by lack of due process of law surrounding my termination without any notification. IICDCC Inc., is a perpetual closed corporation dealing with funds that affect public interest, having no intervention by outsiders on their decisions. The existing contract Incorporates all applicable federal and state law, granting this commission the right to look into these matters, and you are doing so. It is obviously impermissible that the 11CDCC1s president of the board (also In charge DIISC) use of Dade County School Board stationery to write a letter of termination of me where the Dade County School Board is not a part of this program. The president of IICDCC Inc. is a vocational specialist at region 111 administrative office. (This was one of the attachments submitted) According to their by-laws one of the vice-president's responsibilities Is to be the chairman of the fund raising commUtee, By-laws, Article VII, Vice-president's duties, paragraph (d). It was never formed. I took upon myself the efforts and correspondence for fund raising, including over 60 letters of intent for possible grantors written between July and December, which are on file. _ This board has been in a conflict of interest when two members of the board work for the same entity, where one Is _ the boss of the other. In addition, one of the board members who voted to terminate ate thereafter has become the executive director, fully demonstrating further conflict of interest at the time of my termination. Some members of this board are part of many other, boards, including Wynwood, causing a poor relation towards the best Interests of the program for the elderlies and at the same time creating again conflict of interest. This board of directors not. only I►as violated corporate laws bar lack of due process in the composition of committees, but also in lack of effectiveness and lack of participation by the present board for the good of the elderlies who strongly object to the present board's actions. There was no nominating committee to process a fair election of any new directors, and this board excluded outside participants Interested, and thus nominating, themselves and selectine themselves to be board_ directors on a perpetual basis, monopolizing, power. On behalf of the board, the president of the present board made public, false and inaccurate remarks in E1 Diario las Americas, on February 12, 1992, as to make the center appear ineffective and without leadership, as well as putting, in Jeopardy MX reputation and violating, public law and demoralizing, the participants who now have no effective leader then will follow. Proof of this is in all of the letters written to Mayor Suarez, all of the continues articles in the newspapers, those present at the last hearing and at this hearing, and this latest article of March 24, 1992 where the interviews of the participants was conducted by the manager of a separate and independent program, Project Care, where a participant told her and the press that the termination of myself is proof that no one on the board is interested in the elderlies. This article is presented to the Commissioners today, along with the proposed Article of Incorporation of the De Hostos Senior Center Inc. as part of my presentation today. This Board of Director has failed to achieve the most Important mission, to treat the elderly with respect. Also, there is no elderly or any diverse ethnic representation on the board. These matters are brought by me to the City of Miami Commissioners as representative of the elderlies, of the Injustices, improprieties and lack of due process contributing partially to this inquiry, which the commissioners voiced on 3/12/92, as their "right to know" what is transpiring on a contract which they made. To have a whole view others would like to express the concern of themselves and hundreds of those who signed the petition submitted to you. We have today other supporters who would like to say a few words. We thank you for your courtesy, time and attention to this serious matter which is for the benefit of the elderlies. Respectfully submitted, William Morales 3/26/92 Endorsements and support received In favor of this petition and willing to participate in the new board in the newly formed De Hostos Senior Center Inc., non profit corporation. Hayde Miranda Master in Social Work Ex Director Eugenio Maria de Hostos Neighborhood Center for 14 years Dr. Raquel Marrero President of Freedom LULAC RNHA National Committee Woman Medical Psychologist - Elderly specialist Lie. Juan Bracette Attorney at Law Ex Federal Judge in immigration Member of Orden de San Lazaro de Jerusalem President Advisory Educational Committee LULAC President Puerto Rico Bar Association Board Member RNHA John W. Thornton Sr. Attorney at Law Miguel Angel Peraza St. John Clinic President Ms. Dorothy Quintana Community Leader Osbaldo Borges Participant Rildred Tutain Participant Luis A. Ramos Participant Rosa Albertini Diaz Participant Angelina Martinez Participant William Morales De Hostos Senior Center Inc. Board of Directors Presentation We are here in support to the petillon submitted to you and at the same time representing others not present, as well as the community, and volunteers on the new board of the new corporation, De Iiostos Senior Center Inc.. After reviewing this issue and meeting with others, we request the Commissioners and Mayor of the City of Miami to adopt by resolution one of the following alternatives: 1. To declare by resolution the termination of the contract as soon as possible, in accordance with Article IV, section 4.12 and 4.13 of the existing contract of the City of Miami Social Service Agreement for the De Iiostos Senior Center and award a new contract to the new corporation whose new board will meet the City of Miami authorities to execute the new contract. 2. To declare by resolution the termination of the existing grantee, HCDCC Inc., by an assignment of the existing contract responsibilities to the new corporation, De Iiostos Senior Center Inc., at a time in the near future, but before 7/1/92. `► 3. That your resolution reflect that the new non profit corporation which has been filed with the Secretary of v��; State will then tale over the Social Service Contract _ , �{`; for the De Hostos Senior Center program July 1, 1992 at R. - the beginning of the new fiscal year, or as soon as v� -"`k. possible before that. '.k 4. To declare that the new corporation prior mentioned be mandated by the City of Miami In the charter, by laws, policies and necessary committees to enhance the concepts of due process of law, eliminate the pitfall of conflicts of interest and adopt the aim of the respect for the human rights of the participants. There are other concerned citizens, including the participants, interested In the well being of all of the elderlies at the De Hostos Senior Center, and are willing to participate actively In this new corporation. To this end we will be submitting to you all of the necessary documents for the execution of a new contract, with a new corporation, De Hostos Senior Center Inc., a non-profit Florida corporation, should you so resolve. We thank you for your courtesy, time and attention. March 26, 1992 THE LAW OFFICES OF 9,Q/ SUITE 720.81SCAYNE BUILDING 19 WEST FLAGLER STREET MIAMI, FLORIDA 33130.4478 TEL- (305) 358-2500 FAX: (305) 374.1974 April 7, 1992 VIA FEDERAL EXPRESS Department of State Division of Corporations 409 East Gaines Street Tallahassee, FL 32399 RE: De Hostos Senior Center Inc. 321 SOUTH SECOND STREET FT. PIERCE, FLORIDA 34950 TEL (407) 465.7896 P.O. BOX 4315 VERO BEACH, FLORIDA 32964 Dear Sir or Madam: Ic Enclosed please find corporate papers for filing on the above captioned. Also enclosed is my check in the sum of $131.25 which is payment for Filing Fee, Designation of Registered Agent, Certified Copy, and Certificate under Seal. Also enclosed is a return Federal Express envelope for return of the corporate papers. Thank you for your courtesies in this matter. . r V truly y s, �l hn W. Thornton I JWT/ba _ Enclosures: $131.25 check # 2634 Return Federal Express envelope jwt/secsthos.ltr Pttc**v in U StWA end FedwW Court in FWW&. ARTICLES 'OF INCORPORATION OF DE HOSTOS SENIOR CENTER INC. A Florida "Not for Profit" Corporation The undersigned, acting as Incorporator of a corporation under the Florida Statutes, Chapter 617, adopts the following Articles of Incorporation: Article 1 - The name of the corporation is De Hostos Senior Center Inc. a Florida not for profit corporation. , - Article.11 The period of duration is perpetual. The corporation is organized pursuant to the Not for Profit Corporation laws of the State of Florida. - s. Article 111 0 The membership of this corporation shall be open to all persons who are interested in the purpose of the organization A person will be admitted after filling out an application In a form to be provided and upon the recommendation of an Active Member in good standing as to the moral character of the applicant. The qualification for Active Membership, if any, and the manner of their admission shall be stated In the by-laws. These shall be called Active Members. ' Article 1V The Corporation shall have eleven (11) Directors Initially and the number of directors may be amended by the By -Laws. The Board may also have Honorary Members whose function shall be stated In the by-laws. The President, Vice- a President, Secretary, Treasurer, and Executive Director o shall be members of the Board of Directors. Each member of the Board of Directors shall have one vote on the Board of Directors. The qualifications for the Board of Directors shall be stated in the By -Laws of the Corporation. Article V The purpose for which this corporation is formed shall be: 1.) To serve as an advocate for elderly people, to empower this population group toward achieving self-sufficiency and proper interaction, and to mobilize resources on their behalf, their families and their communities. Articles of Incorporation Cont. for DHSC Inc. Page 2' 2.) To help the elderly by developing programs and communicating knowledge to improve their well-being, and to educate elder people contributing to their self-respect, and financial independence, and to elevate standards of living and support the elimination of adult Illiteracy. TO To promote the physical, social, emotional, educational, recreational and cultural development of the participants including Active Members of the minority community, who are substantially unemployed, underemployed, or whose income is below federal poverty guidelines, to foster and promote community -wide interest and concern for the problems of said residents to the end that (a) educational and economic opportunities may be expanded; (b) sickness, poverty, crime, and environmental degradation may be lessened; and (c) racial tensions, prejudice, and discrimination, economic and otherwise, may be eliminated. 4.) To do any and all lawful activities, including entering Into lawful contracts, which may be necessary, useful, or desirable for the furtherance, accomplishment, fostering, or attaining of the foregoing purposes, either alone or In conjunction or cooperation with others, whether such others be persons or organizations of any kind or nature, such as corporations, firms, association, trusts, institution, foundations, or governmental bureaus, departments or agencies. 5.) All of the foregoing purposes shall be exercised exclusively for charitable and educational purposes in such a manner that the corporation will qualify as an exempt organization under section 501 (c) (3) of the Internal Revenue Code of the United States. Article V1 Notwithstanding any other provision of these articles, this organization shall not carry on any other activities not permitted to be carried on by an organization exempt from Federal and state income tax under section 501 .(c) (3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United State Internal Revenue law. Article V11 The address of the Initial registered office of the corporation is Suite 720, 19 West i:lagler, Miami, Florida 33130. The registered agent at this address is John W. Thornton Sr. Articles of Incorporation cont. for DHSC Inc. Page 3, Article V111 The name and residences of the subscribers and original directors to these articles are: Haydee Miranda 4228 W. 6 Ave. Hialeah, Florida Dorothy Quintana 263 N.W. 34 Street Miami, Florida John W. Thornton Sr. Suite 720, 19 West Flagler Miami, Florida 33130 William Morales 2301 Collins Ave. #407-A Miami Beach, Florida Miguel Angel Peraza 161 N.W. 29th Street Miami, Florida 33127 Dr. Raquel Marrero 518 S.W. 88 Place East Miami, Florida 33124 Lic. Juan Bracete 780 N.W. 42 Avenue Miami, Florida 33126 Osbaldo Borges 33 N.E. 45 Terreace Miami, Florida 33137 Hildred Tutain 401 N.E. 88 Street Miami, Florida Luis A. Ramos 1000 N.W. 27th Street Miami, Florida 33127 Rosa Albertini Diaz 2701 Biscayne Blvd. Miami, Florida 33137 - A" —, 1 1 .... 1/.... f• 1 .. .-... n • �r r. ... .. . Articles of Incorporation cont. for DHSC Inc. Page 4. Article 1X The Corporation is organized exclusively for charitable and educational purposes. The Corporation is not organized nor shall it be operated for the primary purpose of generating pecuniary gain or profit. The Corporation shall not distribute any gains, profits or dividends to the Directors, Officers, or Active Members thereof, or to any individual, except as reasonable compensation for services actually performed In carrying out the Corporation's charitable and educational purposes. The property, assets, profits and net income of the Corporation are irrevocably dedicated to charitable and educational purposes no part of which shall Inure to the benefit of any individual. 0 Article X Upon winding up and dissolution of the Corporation, the assets of the Corporation remaining after payment of all debts and liabilities shall be distributed to an organization recognized as exempt under section 501 (c) (3) of the Internal Revenue Code of 1986 to be used exclusively for charitable and educational purposes. If the Corporation holds any assets In trust, such assets shall be disposed of In such a manner as may be directed by decree of the Circuit Court of the district In which the Corporation's principal office is located, upon petition thereof by the Attorney General or by any person concerned in the liquidation. Article X1 The method of election of the directors of the Board shall be stated in the by-laws. The Board of Directors of this Corporation shall provide by-laws for the conduct of its — business and the carrying out of its purposes which shall be approved by majority vote of the board membership present and voting at any regular meeting. The Board membership by majority vote of those present and voting at any regular meeting may amend, alter or rescind the by-laws. Article X11 Any board member may propose at any regular meeting one or more amendments to these Articles of Incorporation which if endorsed be at least two other board members In good standing shall be submitted to the board membership for a vote at the next regular meeting and shall be adopted if approved by majority of those board members present and voting. Articles of Incorporation cont. for UNSC Inc. Page 5• Article X111 The name and address of the incorporator is: John W. Thornton Sr., Suite 720, 19 West Flagler Miami, Florida 33130. These Articles of Incorporation are hereby executed by the incorporator on this seventh day of April 1992. The effective date of the existence of this Corporation sliall be April 7, 1992. John W. Thornton Sr. N E7 t! b pO y i s 0 Articles of Incorporation Cont. for DHSC Inc. Page 6 STATE OF FLORIDA I ss : COUNTY OF DADE I I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared John W. Thornton Sr. to me known to be the person described In and who executed the foregoing instrument as incorporator and acknowledged before me that she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1992. NOTARY PUBLIC STATE OF FLORIDA My Commission Expires: REGISTERED AGENT'S ACCEPTANCE OF APPOINTMENT I John W. Thornton Sr. hereby accept my appointment as registered agent for the De Hostos Senior Center Inc., a Florida not for profit corporation. John W. Thornton Sr. Date ARTICLE I DE HOSTOS SENIOR CENTER INC., A NON-PROFIT FLORIDA CORPORATION BY LAWS NAME The name of this organization shall be DE HOSTOS SEN10I1 CENTER INC., a Florida non profit organization. ARTICLE II PURPOSE The purpose of this corporation shall be: IL.)* To serve as an advocate for elderly people, to empower this population group toward achieving self-sufficiency and proper interaction, and to mobilize resources on their behalf, their families and their communities. 2.) To help the elderly by developing programs and communicating knowledge to improve their well-being, and to educate the elderly people contributing to their self- respect, and financial independence, and elevate the Astandards of living, and support the elimination of adult Illiteracy. 3.) To promote the physical, social, emotional, educational, recreational and cultural development of all of -the participants of the entire community, who are substantially unemployed, underemployed, or whose Income is below federal poverty guidelines, to foster and promote community -wide interest and concern for the problems of said residents to the end that (a) educational and economic opportunities may be expanded; (b) sickness, poverty, crime, and environmental degradation may be lessened; and (c) racial tensions, prejudice, and discrimination, economic and otherwise, may be eliminated. 4.) To inform elected and appointed officials, the general public and other agencies and Individuals regarding the needs of the elderly and disabled adults. S.) To 'promote the.physical, social, emotional, cultural and recreational development of all of the participants of the entire community which includes all of the individual ° participants and all of the ethnic groups of the community. a By -Laws Con't Page 2 6.) To do any and all lawful activities which may be necessary, useful, or desirable for the furtherance, accomplishment, fostering, or attaining of the foregoing purposes, either alone or in conjunction or cooperation with others, whether such others be persons or organizations of any kind or nature, such as corporations, firms, association, trusts, institution, foundations, or governmental bureaus, departments or agencies. 7.) All of the foregoing purposes shall be exercised exclusively for charitable and educational purposes in such a manner that the corporation will qualify as an exempt organization under section 501 (c) (3) of the Internal Revenue law. 14 ARTICLE III MEMBERSHIP A. Eligibility. Any person interested in the objectives and purposes of this organization and who agrees to be bound by Articles of Incorporation and by -Laws thereof and by such rules and regulations as may from time to time be adopted by the Board of Directors of this organization is eligible for membership, regardless of race, color, creed or nationality. B. Classification of Members. 1.. Active Members. Active Members shall be subject to all the duties and obligations of the organization and shall be required to engage actively in the various projects of the organization. They shall attend meetings regularly. All Active Members shall be entitled to vote annually for all the members of the board and all of the officers. Active Members will meet one of the following criteria for eligibility: A. Elderly, 60 years of age or older; B. Handicapped, under 60 ( defined as a person below age of 60 who has a physical impairment and who has been declared by the Social Security Administration as such); C. Spouse, under 60 (defined as a person below the age of 60 who is the spouse of an otherwise eligible Active Member). Active Members have a right to petition in writing signed by 60% of Active Members to the Board for the removal of a board member at any time, and there shall be a special election forthwith for a replacement board member for each Director so removed. By -Laws Con't Page 3 C. Duration. All classes of membership shall be of one (1) year duration. D. Dues. There shall be no dues required for membership. E. Rights of Members. The right of an Active Member to vote and all of his or her other rights and Interests In the organization shall cease on the termination of his or her membership. No member shall be entitled to share in any distribution of the corporate assets upon the dissolution of the organization's corporate structure. F. Application and Membership. A prospective member shall be eligible for Active Membership upon the presentation of an application for approval by the Board of Directors. G. Resignation. Any Active Member may resign from the organization by delivering a written resignation to the President or Secretary. ARTICLE 1V MEETING OF ACTIVE MEMBERS A. Annual Meeting. The annual meeting of the Active Members of this corporation shall be held on the date and time fixed from time to time by the Board of Directors at the principal place of business of the Corporation or at such other place as designated by the Board of Directors. In no event shall 1 more than thirteen (13) month elapse between annual meetings. I B. Special Meetings. Special meetings of the Active Members of the Corporation shall be held when directed by the Board of Directors or by any officer so instructed by the Board of Directors. C. Place of Meeting. Annual and special meetings of Active Members may be held at a place other than the principal place of business of the Corporation and may be held within or without the State of Florida, provided that in such case, the members entitled to notice of such meeting consent in writing thereto, which consent may be filed before, at or after such meeting. D. Notice. Notice of each meeting of the Active Members shall be personally delivered or shall be sent by first class United States Mail to each Active Member having the right and entitled to vote at such meeting, at his last known address as It appears on the records of the Corporation, not less than ten (10), nor more than thirty (30) days before the date set for the meeting: By -Laws Con't Page 4 E. Voting. Every Active Member having the right and entitled to vote at a meeting of the Active Members shall be entitled, upon each proposal presented at the meeting, to one vote. At the annual meeting of the Active Members each shall have the right to vote one vote for all officers of the Corporation and for all Directors of the Board of Directors except the Executive Director. F. Member Quorum. Fifty-one (51;16) percent of the Active Members entitled to vote, represented in person, shall constitute a quorum at a meeting of Active Members. G. Conduct of Meeting. Meetings of the Active Members shall be presided over by one of the following officers in order of seniority and if present and acting: the Chairperson; Vice Chairman; the Secretary; or the Treasurer. ARTICLE V BOARD OF DIRECTORS A. Board of Directors . The Initial board of directors shall consist of eleven (11) Directors. Six (6) Directors shall consist of the following: Chairman of the Board, Executive Director, President, Vice -President, Secretary, and Treasurer. Five (5) members of the Board shall be elected from the Active Members at the annual meeting by a majority vote of those who ' are Active Members. All members of the board except the Executive Director shall be elected by the Active Members at the annual meeting. The Executive Director shall be elected by a majority vote of all of the members of the Board, and shall have a separate contract for compensation and corporate -related expenses. By a majority vote of the Active j Members at a special meeting the number of the board of directors may be amended. B. Powers. All corporate powers shall be exercised by or under the authority of, and the business and affairs of the Corporation shall be managed under the direction of, the Board of Directors and Officers . In addition to the powers provided elsewhere herein and by law, the Board of Directors shall have the authority to and shall: 1. admit, suspend or expel members of the Corporation; 2. audit bills and approve financial statements, and disburse the funds of the organization; 3. print and circulate documents and publish articles; By -Laws Con't Page 5 4. employ agents and Independent contractors; 5. devise and carry into execution such other measures as it deems proper and expedient to promote the objectives of the organization and protect the Interests and welfare of the Active Members; 6. elect the Executive Director who shall serve on the Board of Directors as a member and who shall have a vote as a Member of the Board of Directors and shall be elected by a majority vote of the board of directors, and shall comply with Article V1I of these By -Laws. C. Duties. A director shall perform his duties as a director, including his duties as a member of any committee of the board upon which he may serve, in good faith, in a manner he reasonably believes to 'be in the best interests of 14, the Corporation. D. Election and Term. At each annual meeting of Active Members, the Active Members shall elect directors. Each director shall hold office for the term for which he is elected and until his successor shall have been elected and qualified or until his earlier resignation, removal from office or death. E. Vacancies, Any vacancy occurring in the Board of Directors, including any vacancy created by reason of an increase in the number of directors, may be filled by the affirmative vote of percent of the remaining officers and directors though less than a quorum of the Executive Board of Directors and directors. A director elected to fill a vacancy shall hold office only until the next election of directors/officers by the members. F. Removal h.)L Members. At a meeting of members called expressly for that purpose, any director/officer or the entire Board of Directors may be removed, with or without cause, by a vote of the holders of at least sixty (60%) percent of the members entitled to vote at an election of directors/officers. G. Quorum and Voting. Fifty-one (51%) percent of the directors/officers fixed by these By -Laws shall constitute a quorum for the transaction of business. The act of fifty-one (510) percent of the directors/officers present at a meeting at which a quorum is present shall be the act of the Board of Directors. H. Place of Meeting. Regular and special meetings of the Board of Directors/officers may be held within or without the State of Florida as shall be fixed by the Board of Directors/officers. By -Laws Con't Page 6 I. Honorary Board Members. The Board of Directors/Officers, at any duly called meeting, may elect honorary members of the organization by majority vote of the directors after a quorum Is present. Such members shall be exempt from any assessments whatsoever, and shall be entitled to all of the privileges of active member except the right to vote. ARTICLE V1 OFFICERS The Executive Board of Directors of this Corporation shall consist of five (4) Officers all whom will be elected at the annual election by vote of the Active Members, one President, a Vice President, a Secretary, and a Treasurer, and shall serve until their successors are chosen and qualify. By a majority vote of the Active Members at a special meeting the number of the Officers may be amended. The officers of this Corporation shall have the following duties: 1. President: To preside at all meetings of this Corporation and Executive Board; To enforce these by-laws and the rules of order adopted by this Corporation; . To vote in the election of Officers and Directors; To cast the deciding vote when a tie occurs on any question and shall announce the result of all vote; To sign with the Treasurer or Executive Director, checks on bank accounts; To sign together with the secretary,' all official documents, deeds, mortgages, bonds, contracts and other instruments; To have an active involvement of all affairs or projects of the Corporation. 2. Vice President: To preside at meetings in the absence of the President; To perform all duties incident to the office of President in the absenc#� or inability of the President. By -Laws Con't Page 7 3. Secretary: To have custody of, and maintain, the corporate seal, all the corporate records except the financial records; To record the minutes of all meetings of the Active Members, Board of Directors and Officers; To send out all notices of meetings; To perform other duties as may be prescribed by the Board of Directors or Officers; To turn over to his/her successor, when the term office expires or is otherwise terminated, all records, documents, files entrusted to him/her by virtue of his/her office and shall obtain an appropriate receipt thereof. 4. Treasurer: To Monitor and assess monies received by the Corporation; To monitor or authorize the deposit and all monies received from any source whatsoever in a reliable bank or banks in the name of the Corporation (DE HOSTOS SENIOR CENTER INC.) at least once a month or sooner; To render accounts at the annual meetings of Active Members and whenever else by the Board of Directors or Officers. To turn over to his/her successor, when the term of office expires, all papers, documents, record books, money and other property that may have been entrusted to him/her by virtue of his office and shall obtain an appropriate receipt thereof. A. Compensation_ The Executive Board of Directors and Officers shall receive no compensation but shall be entitled to reimbursement for expenses incurred by it on behalf of the Corporation. The Executive Director is to be compensated by salary and corporate -related expenses by written contract. B. Election and Term. At each annual meeting of Active Members, the Active Members shall elect officers to hold office until the next succeeding annual meeting. Each officer shall hold office for the term for which he is elected and until his successor shall have been elected and qualified or until his earlier resignation, removal from office or death. By -Laws Con't Page 8 C. Vacancies. Any vacancy occurring in the Executive Board of Directors, including any vacancy created by reason of an Increase in the number of officers, may be filled by the affirmative vote of percent of the remaining officers and directors though less than a quorum of the Executive Board of Directors and directors. An officer elected to fill a vacancy shall hold office only until the next election of directors/officers by the members. D. Removal b Active Members. At a meeting of Active Members called expressly for that purpose, any director/officer or the entire Board of Directors may be removed, with or without cause, by a vote of the holders of at least sixty (60,') percent o.f the Active Members entitled 0 to vote at an election of directors/officers. E. Quorum and Voting. Fifty-one (51%) percent of the directors/officers fixed by these By -Laws shall constitute a quorum for the transaction of business. The act of fifty-one (51%) percent of the directors/officers present at a meeting at which a quorum is present shall be the act of the Board of Directors. F. Place of Meeting. Regular and special meetings of the Board of Directors/officers may be held within or without the State of Florida as shall be fixed by the Board of Directors/officers. G. Executive and other Committees. The Executive Board of Directors, by resolution adopted by fifty-one (51%) percent of the full Board of Directors, may designate from among its members one or more other committees each of which, to the extent provided In such resolution, shall have and may exercise all the authority of the Board of Directors, except that no committee shall have the authority to: approve or recommend to members actions or proposals required by law to be approved by Active Members; fill vacancies on the Board of Directors/officers or any committee thereof; . Iamend the By -Laws. By -Laws Con't Page 9 ARTICLE VII EXECUTIVE DIRECTOR 1. The Executive Director shall be the chief administrator of the Corporation and President of the Board of Directors, he/her shall be elected by majority vote by the board of directors/officers and shall be responsible for keeping the organization records and carrying out the policies and programs of the corporation in accordance to the By -Laws as adopted. The Executive Director shall also have a vote on the board of Directors. His/her contract is to approved by the Board of Directors. 2. He/she shall have the authority to employ, supervise and discharge staff within the personnel, financial and administrative guidelines as established by the Board of Directors. 3. He/she shall assume the responsibility for securing and recommending adequate measures for raising funds. 4. He/she shall keep the Board of Directors informed of decisions reached that affect the organization. 5. He/she shall provide professional and support services to the Board of Directors. G. He/she shall provide consultation, coordination, direction and management services to the program. T. He/she shall represent the Program in the community, locally, statewide and nationally. S. He/she shall examine the records of the Program to insure proper compliance with applicable laws and contract terms. 9. He/she shall assist in planning and development of program services to assure compliance with agency mission statement and overall goals and objectives. 10. He/she shall implement Policies and Procedures of the City of Miami, Community Development. By -Laws Con' t Page 10 ARTICLE V11I BOORS, RECORDS AND FISCAL MATTERS A. Books and records. This Corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its Active Members, Board of Directors, Officers and committees. This Corporation shall keep, at its registered office or principal place of business, or at the office of its transfer agent or registrar, a record of its members, giving the names and addresses of all members. B. Fiscal Year. The fiscal year of the Corporation shall begin on the first day of of each year and shall end on the last day of the immediately following C. Review of Finances. The finances of the Corporation shall be reviewed by an independent certified accountant at least annually. ARTICLE IX AMENDMENT These By -Laws may be repealed or amended, and new By -Laws may be adopted, by the affirmative vote of at least sixty (600) percent of the Active Members entitled to vote. Date: By: Board President s t% JAahe Range 5727 NORTHWEST 17th AVENUE MIAMI, FLORIDA 33142 March 12, 1992 The Honorable Mayor Xavier L. Suarez and City Commissioners 3500 Pan American Drive Miami, Florida 33133 Re: For William Morales to be Used in Presentation to the City Commissioners Dear Mayor Suarez: This letter comes on behalf 'of William Morales whom I have had the privilege of knowing and in instances of stress in our community. I have also had the. privilege of working with him. Each of us, in our own way, has always sought to do what we could for the betterment and peace of our community. These remarks come in support of him as an individual and as director of the HCDCC Incorporated Senior Center, located in Wynwood. I feel that his presence and effort have meant much to the community and would hope that he would be allowed to remain in his present position. Respectfully, f M. Athalie Range February 20, 1992 Hon. Xavier Suarez Mayor City of Miami 3500 Pan American Drive Miami, Florida 33133 Dear Mayor Suarez: I am writing to you as a concern and affected person on problems developed since Mr. Morales was terminated as the Director for De Hostos Senior Center In Wynwood. I live in 600 NE 36 Street and a business woman In Wynwood. My father Gilberto Nieto has been a victim.of that center since the unJustified determination of a board of director that according to my understanding they never visited the center for a completed vision of operations and did not take into consideration emotional consequences of the elderly since they have been together for over three years, gaining Mr. Morales the support of the elderly and the community in general. My father has been attending the center on a daily basis, he ? Is a sick person and according to him after the dismissal of the Director things has been happening since them such as: requesting signature for new director in a blank paper with no explanation and if the participant did not sign they will terminated them from the program, they are selling cooked food to the elderly and any one can get sick since this is not the legal food supervised by the dietitian provided by the center. I appeal to you for your intervention and investigation on this matter before something tragic occur in such a nice trustworthy place while Mr. Morales was the Director. Sincerely, 9 -� .� � _. Esther D(--Couvertier cc: Vice Mayor Miriam Alonso Commissioner Miller Dawkins Commissioner J.L. Plummer Commissioner Victor De Yurre City Manager Cesar Odlo Community Development Frank Castaneda February 14, 1992 Honorable Mayor Suarez and Board of City of Miami Commissioners City of Miami 3500 Pan American Drive Miami, Florida 33133 Dear Honorable Suarez and Commissioners: After trying to contact you by phone innumerous times and understanding that your time is limited I am writing in behalf of Wynwood community citizens, specially the Elderly population. As you well know, this area is one of the most underprivileged, where poverty, drugs, unemployment and sanitary enforcement in terms of housing and streets cleaning, keep most of the citizen living in the above mentioned, In poor health and way under the poverty level. As if all of the above mentioned problems were not enough, now there is a group of self-appointed leaders trying to further destroy the programs that bring relief to the to the citizens such as De Hostos Senior Center, where more than a hundred and thirty elderlies eat a hot lunch and participate In a variety of activities offered by this program. This group which is also the Board of Directors of every Puerto Rican agency in the area, took it upon themselves to dismiss the Director of the Hostos Elderly Program, "Mr. William Morales", in a most Irresponsible way with no regard for corporation laws. First, Mr. Morales was in a probation period of nine months, he was fired on the sixth month. _ Second, this board is the one for the Holy Cross Day Care Center and had nothing in common with the Elderly Program, except that the monies were granted to the Holy Cross for the Elderly Program, a separate Board should have over seen the administration of the Elderly Program to avoid a conflict. Third, there is a conflict of Interest in terms that members of the mentioned board work in programs such as, Borinquen Health Care Center where the Executive Director and employee are members and will do whatever the boss says. Fourth, the Personnel Policies with Mr. Morales calls for a 30 days notice in writing for the dismissal or resignation of the Director, such notice was not given, and finally, I could continue with all the illegal violations done by this board to Mr. Morales, but it will take pages to name them all. You all might be curious to know why I write on behalf of Mr. Morales. Well, it is because I was the Director of the Eugenio Maria de Hostos Center at the time of Mr. Morales appointment. I had the opportunity to watch the way Mr. Morales learned by himself the administration of the program, as far as no one from the board visited the program nor offered any help to him. I am a witness on how the Elderly Program improved and grew under Mr. Morales supervision. For over three years he did a fantastic Job and common sense tells you that it doesn't take that long to find out that a person Is not capable of doing his Job. I find Mr. Morales to be a responsible, honest individual. I strongly suggest that for the benefit of the Wynwood Elderlies you investigate the real reasons for Mr. Morales dismissal. Re -instating Mr. William Morales to his Job as Director of De Hostos Senior Center and separating the Holy Cross Day Care Center from the Elderly program and allowing a new board of responsible citizens, representing the diverse ethnic groups participating in the Elderly program, will resolve this issue in a professional and responsible - way. I am confident as a person that grew in the Wynwood area and worked for 25 years in the same, that you all, as concerned representative of all the people of Miami, will give consideration to my request and that you will take steps to correct the unlawful violations done to handicap a program that is funded and supervised by the City of Miami Government. In you have any further questions, please so not hesitate to contact me at 556-8199. Respectfully yours, Haydee Miranda cc: Vice -Mayor Dr. Miriam Alonso Commissioner Miller J. Dawkins Commissioner Victor De Yurre Commissioner J.L. Plummer William Morales March 26, 1992 i_ ` S Miami Advance Medical Services, Inc. 2901 N.W. 7th Street Miami, FL 33125 TO WHOM IT MAY CONCERN: is, By this letter I would like to certify that since the time that I have known Mr. William Morales I consider to be a very honest and capable individual. I have had the opportunity to give Medical Conferences in the Center that he represents, being able to observe the care and respect that the elderly persons in his program think and act towards him. I have been also able to observe that this program maintains a place full of elderly and needed persons being very well organized and functioning very properly and with lots of respect from everyone. I firmly believe that Mr. Morales has performed his position and duties in a very excellent professional manner. Please do not hesitate to contact the undersigned if you should need any further information regarding Mr. Morales. Sincerely, MIAMI ADVANCE MEDICAL SERVICES, INC. LUIS SILVA - President y '05 21 25 34 FANTASY 5 LOS NUMEROS GANADORES DE AYER ;- �. CASH 3 s 3 s p PLAY 414 1 a D JUEVES 12 DE MARZO DE 1992 / EL NUEVO H conflictos en el Centro de ancianos de Wynwood Por GLADYS NIEVES Redaaora de El Nunn 11erald El Centro pars Ancianos Euge- nio Maria do Hostos, ubicado on Wynwood, so cncucntra cnvuclto on una agria disputa desde que In junta de directores despidi6 at director ejecutivo do la entidad on encro. William Morales afirma que despuds de dirigir cl centro desde 1988 la junta to dcspidi6 sin ofrc- cer una explicaci6n vdlida. Schata que los problemas surgi- dos a ratz de su despido est5n afectando a los ancianos que acu- den at lugar. Micmbros de la junta afirman que despidicron a Morales por- que Este no pas6 satisfactona- mcnte Ins ultimas dos cvaluacio- nes y porque no busc6 Tondos adicionalcs para el funciona- miento del centro. El centro rccibe cerca de S 195,000 anualcs do In ciudad de Miami. La entidad Servicios Comunitarios Cat6licos provee los almucrzos quo reciben los ancianos inscritos on el lugar. Hoy, ambos grupos acudirdn ante In comisi6n do la ciudad de Miami. Los inlegrantes do la junta van a buscar fondos de In ciudad, y Morales y un grupo quo to apoya van a exigir upa nucva junta. Tambidn pedirdn quo la comisi6n suspenda In entregn de fondos hasty quo el problcma se resuelva y Morales sea restituido. "Es una gran injusticia to que to hicieron", di o Ada Martinez, directora del Ballet Folkl6rico Puertorriqueflo de Miami y una de Ins personas quo apoya a Morales. Morales indic6 que cuando comenz4 a dirigir el centro, dste s6lo servia a 50 personas. Cuando so flue, el centro funcio- naba a su total capacidad, con 135 personas. Sostuvo que su res- ponsabilidad no es buscar fondos adicionales sino administrar el centro. Es In junta, segun 61, la que debe buscar mis dinero. Esther Nieto, residents del drea, indic6 que los ancianos del centro que apoyan a Morales, son Grupos iron ante comisi6n de la ciudad WYNWOOD, DE19 intimidados por algunos miembros do In junta. Afirm6 que recientcmente su padre, Gilberto Nieto, de 76 mhos y quien acude at comedor, tuvo un problema porque se neg6 a flrmar un documcnto que criticaba In labor de Morales. "Le empezaron a gritar. El sufre de la enfermedad Parkinson y Ileg6 muy mal. Tuve que Ilamar at doctor", dijo, Nieto. "Los viejitos est3n bajo un stress terrible. Todo por In amb1n6n de poder". Gamaliel Rivera, vicepresidente de In junta del centro y director ejecutivo del Centro de Salud Borinquen, rechaz6 Ins aleggaciones de Morales y Nieto, pero no quiso ofrecer detalles adicionales sobre la disputa. S610 indic6 que Morales no pas6 satisfactoriamente un perl- odo do probatoria y se conform6 con el dinero que recite la entidad de la ciudad. Asegur6 quo los que acuden at centro son been tratados. 0 VEA WYNWOOD, 25 Andanos. tendran quien los escuche en wynwood > CIADYS NIEVES Redotrsro de FJ 1'W- I'-dd ,munidad del Wvnwood se con. el proytxto ==J%proble- decnoca la Florida to susp,caT os de la zone par zesidentes y e1npresan mas de los ancmnos Dorma Cutler, directora del Pmytcto Careen Miami, dijo que prop6sito del prow es ayudar a los ancianos a rna ()o aptener al tnde- pendencia Como el prograrna s6lo enema Con 520,000 aaualex del Penn: ncl ftdcral, Cutler dijo que la mayor parte del trabajo se reali- dad- zar'a a travbs de volunta �y �im� Greater Miami, que coor- La caudad Jewish wF ood, inaug1r6 una oficma el Junes eat el dint eI de Anma o Matra De Host' La o co. icina a� Jos eri Centro de An cesid des diii las qucjas Y aerxsidadts de Jos ancianos ea el barrio y esfuerzos Pass resolver Jos problemas. Durantc d acto, cuando vo a perds,onas de edadgavanzada. Pam rc fonos a Jos asistentes, la ma. vEa WyNwwoop, za Fredesrilda Suitrez Czq,} habla el Junes con el policia de South Miami Robert Vance mientms Dorothy Quintana Jos observa 4 MARTES 24 ESL NU4_�1f0 i&XLLD2 Llega proyecto para ancianos a Wyowood Wy"W )D, DES ,que pud`ieran habtar sobre sus necesidadcs, casi inmeciiatamente se formb una large frla. Ja preocupac16n nrimero uno de los clue toma- ron la palabra We la reciente destituci6n de William Morales, ex director del Centro. La mayo- tia pidi6 que 10 restituyan. En enero, la junta de di o�udad entrdcso sPi di6 s Morales, quien dirigia do ulumas con la aiegaci6n de que no habia Para dos evaluaciones y no era sufrcientemente enftico en la bizAueda de fondos. Morales af►rma que so despido fue injusto y que no rY ibno necesi o nada, ya que commo pabrc vivo bien". dijo Angela I.6pez, de 64 anos. "Pero agni han sacado at jefe de este Centro sin decir po, cl Quemmos4ue manden at senor Morales aqut. que 10 ne=tamos^: fUna mujer dijo que to sucedido a Morales es una I prucba de que nadie est3 realmente it.teresado en los ancianos. rcocupados Con to que pas6. Estamos uistcs y p Nosotros los ancianos no uee remos por una lucha de poderuna cosatfea ltar o q t to hicieron , dijo. uienes pidia A instancias de los coordinadores, q ron que earmteraran otros pr'oblemas, Jos partici- pantes solicitaron mejores almuerzos, un 6una oo fi- nuevo, mayor vigilancia en el vednda �1� cina de sellos de alimentosom3s acc bl solicitb el Dorothy Quintana, de 8_ ahos, quien Proyecto Care para Wynwood, considers que. sr Jos residentes empresanos se unen. el programa sere muy be Icioso Para is zone Cart cstaran fun - Cutler dijo que 300 Proyectos cioaando este ano en el Pais. Pag- 2-B -DIARIO LAS AMERICAS MIERCOLES 12 DE FEHRERO DE 1992 Puerto Pico, 0 en Miami Por Marivi Montalvo a. DESPIDO EN CENTRO DE WYNWOOD CAUSA MALESTAR El reciente despido de William Morales como director del Centro de Ancianos adscrito a Holy Cross Day Care Center en Wynwood, aparentemente no ha caido muy bien entre algunos miembros de la comunidad boricua y entre los mismos viejitos. Maggie Marrero, presidenta de la Junta que tom6la decisi6n, alega que el despido se deb16 a la pobre ejecuc16n de Morales en su cargo y que antes de tomarsela decis16n, se le advirti6. "Ne- cesitamos a alquien verdaderamente dedicado a la comuni- dad: alguien que haga una fusi6n entre el individuo y el pro- gram a, que busque cuales son las necesidades, las investigue y expanda el programa", dijo la presidenta de la junta. Morales afirma por su parte, que el despido fue injusto y arbl- trario. Aleg6 que no sabe con qud criterio la junta realizar6 su evaluaci6n porque dice que los miembros no visitaban.el centro como era debido, y que si de trabajo y grants se trata, el tiene en su expediente, copia de los 61 (grants) que hizo para solicitar mAs fondos para el centro. "Partedel problem es que yo no me prestaba, ni permitia que usaran a los viejitos para apoyar las ambiciones politicas de algunos miembros de la junta", dijo Morales. El centro de ancianos de Wynwood presta servicios a unos 900 viejitos. Morales dice que algunos de los viejitos le Haman a su casa para pedirle que regrese. I � l PAg. 2-B -DIARIO LAS AMERICAS Puerto Rico' en Miami MIERCOLES 12 DE FEBRERO DE 1992 _ p Por Marivi Montalvo DESPIDO EN CENTRO DE WYNWOOD CAUSA MALESTAR El reciente despido de William Morales como director del Centro de Ancianos adscrito a Holy Cross Day Care Center en Wynwood, aparentemente no ha caido muy Bien entre algunos miembros de la comunidad boricua y entre Los mismos viejitos. Maggie Marrero, presidents de la Junta que tom6la decisi6n, alega que el despido se debi6 a la pobre ejecuci6n de Morales en su cargo y que antes de tomarse la decisi6n, se le advirti6- "Ne- cesitamos a alquien verdaderamente dedicado a la comuni- dad: alguien que hags una fusi6n entre el individuo y el pro- grama, que busque cuales son Las necesidades, Las investigue y expanda el programa", dijo la presidenta de la junta. Morales afirma por su parte, que el despido fue injusto y arbi- trario. Aleg6 que no sabe con qud criterio la junta realizara su evaluaci6n porque dice que Los miembros no visitaban.el centro como era debido, y que si de trabajo y grants se trata, el tiene en su expediente, copia de Los 61 (grants) que hizo para solicitar m as fondos para el centro. "Parte del problem a es que yo no me prestaba, ni permitia que usaran a Los viejitos para apoyar Las ambiciones politicas de algunos miembros de la junta", dijo Morales. El centro de ancianos de Wynwood presta servicios a unos 900 viejitos. Morales dice que algunos de Los viejitos le Haman a su casa para pedirle que regrese. :L 'l FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State April 13, 1992 Thornton and Mastrucci, P.A. P. 0. Box 4315 Vero Beach, FL 32964 Dear Sir: The Articles of Incorporation for DE HOSTOS SENIOR CENTER INC. f, were filed on April 8, 1992, effective April 7, 1992, and assigned document number N48327. Your check for $131.25 covering the various fees has been received. a Enclosed are the certificates requested. A corporation annual report will be due this office between January 1 and July 1 of next year. A Federal Employer Identification (FEI) number will be due before this report can be filed. Please apply NOW with the Internal Revenue Service be calling 1-800-829-3676 and requesting form SS-4. Please be aware if the corporate address changes, it is the responsibility of the corporation to notify this office. Should you have any questions regarding corporations, please contact us at the address given below. BRENDA BAKER New Filings Section Division of Corporations y1s/9z -- -i -1 — _; H-C V Rn V ,V� VV�� V� V� V� V ,V,�� V� V � V� V� V' V� V� VVancanc���nc�nc °n4'n� n �n� °n" n KHRENNH Inc of � *ta Or C NBC V Knc 00 WC taVS i ✓s� GnJ i3Ppartment of Malt �Vc HEM Ivic- CENTER PVCI certify from the records of this office that DE HOSTOS SENIOR INC. is a corporation organized under the laws of the State HE _ VINE'l :L!XVL of Florida, filed on April - 8, 1992, effective April 7, 1992. E The document number of this corporation is N48327. I further certify that said corporation has paid all fees due this office through December 31, 1992, and its status is active. I further certify said corporation has not filed Articles of Dissolution. 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