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HomeMy WebLinkAboutM-90-0392CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM tF' t' TO Honorable Mayor and DATE May 11, 1990 FILE mbers of the City Commission SUBJECT Employment Contract esar H. Odio FROM : City Manager REFERENCES 3 4`. ENCLOSURES. 3 Enclosed please find information for discussion as requested by the City Commission on April 26, 1990 regarding possible legal and financial ramifications which would derive from entering into professional service contracts for the positions of City Manager, Chief of Police and Chief of the Fire Department. 90- 392 3-1 Wt' 17t� i CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO . Cesar H. Odio -_ DATE May 8, 1990 FILE - City Manager SUBJECT Employment Contracts F _ For Certain Department Directors — - FROM : Jorge L. Fernandez REFERENCES City Attorney ENCLOSURES: i This memorandum responds to the following question: If the City Manager initiates an employment contract with certain department directors that may extend beyond his (the City Manager's) tenure and the City Commission approves the payment of money as specified in the contract, what are the ramifications of a Fourteenth Amendment equal protection challenge based upon different treatment afforded two classes of similarly situated persons - i.e., those directors who get a contract and those who don't? Traditionally, courts have analysized and decided equal protection claims under two standards or tests: (1) strict scrutiny and (2) rational basis. The appropriate standard depends on who is asserting the claim and the nature of the rights involved. Under the more stringent strict scrutiny standard which applies when a suspect class (a class based on race, alienage, or ancestry) or a fundamental right (a right such as privacy, voting, procreation, interstate travel, or freedom of association) is involved, the City would be required to show a compelling state interest. It is not conceivable that the contract in question herein would be viewed by a court as a device that operates to the disadvantage of a suspect class or that interferes with the exercise of a fundamental right. Therefore, in determining whether the subject contract denies equal protection, a court would apply the rational basis test rather than strict scrutinity. Under the rational basis standard, the city would meet the equal protection challenge by articulating a reasonable statement of facts to show that its actions were rationally related to the achievement of a legitimate interest of the City. ABS :mv: P845 go- 392 Colonel Duke: Salaryl Health Other Perry Anderson: Salaryl Health Other Cesar Odio: Salary Health Other PROJECTED BUYOUTS FOR DUDE, ANDERSON AND ODIO 01/91 01/92 01/93 01/94 01/95 Current Severance Benefits 1st Year 2nd Year 3rd Year 4th Year 5th Year Benefits Owed Severance Severance Severance Severance Severance $ 93,808 Severance Pay (APM) $ 33,684 $ 37,137 $ 40,943 $ 42,990 $ 45,140 6,999 Severance Pay (CSR) 7,297 8,045 8,870 9,313 9,779 7,253 Vacation Payoff 16,506 18,197 20,062 21,495 220570 Ill Payoff 48,505 53,477 58,958 61,906 65,001 TOTAL $108,060 TOTAL $105,992 $116,856 $128,833 $135,704 $142,490 $ 95,014 Severance Pay (APM) $ 38,372 $ 42,305 $ 46,641 $ 51,933 $ 57,256 4,792 Severance Pay (CSR) N/A N/A N/A N/A 12,403 7,268 Vacation Payoff 31,081 34,265 38,626 42,585 46,950 Ill Payoff 33,575 37,017 41,217 45,441 50,099 TOTAL $107,074 TOTAL $103,028 $113,587 $126,484 $139,959 $166,708 TOTAL $106,260 6,999 14,720 $127,979 1Salary Range $77,230 - $108,596 Flat Rate Set by City Commission 4� W CsCS Vacation Payoff $ 19,740 $ 20,727 $ 21,763 $ 22,852 $ 23,994 Ill Payoff 32,185 33,794 35f484 37,258 39,058 TOTAL $ 51,925 $ 54,521 $ 57,247 $ 60,110 $ 63,052 *Pension Buyout - If N/A *$ 3,960 *$ 4,284 *$ 4,608 *$ 4,968 current resolution with City Manager carried forward City would be required to purchase annuity to provide pension benefit differ- ence between release date and conclusion of resolution. 40 0 14AILING ADDRESS 17025 rDi 22nd AYFNIIF MIAMI. FLORIDA 33O% OFFICERS Rev. Dr. G. D. Norton President Rev. B. L. Mack Vice - President Rev. B. R. Young Secretary Rev. W. L. Scott Asst. Secretary Rev. D. Cook Treasurer I Rev. W. Bringier Financial Sect. iRev. Dr. J. C. Wise j Bible Expositor Rev. F. Clarke Asst. Bible Expositor N. Stanley Chaplin A. Anderson S. Atthinsor. H. Brown C. E. Coleman J. W. Cooper V. Curry K. Dukes R. Freeman W. Gibson H. Hernandez R. Holts B. Hooks Alfonso Jackson Arthur Jackson Jr C. Jackson R. Jackson T. Johnson B. Kelly W. E. Kelly P. Marshall Jr. S. Massey I. C. Mickens H. Nivens D. Powell C. P. Preston P. Readon L. R. Moss W. E. Simms A. Swain J. Walthour C. W. Weatherspoon B A P MI N I STF.R' S I S T COUNCIL. OF MIAMI AND VICINITY Mav 21, 1.990 The Honorable Xavier Suarez Mayor of the City of Miami City Hall Miami, Florida PRONE (3OS) Submitted into tl,_e public xecord in co'Tiec ion with item-_3-on S A - q0 Matty Hirai City Clerk Re: Police Chief Perry Anderson Dear Sir: We, The Baptist Minister's Council, take this opportunity to express our concern and support for Miami Chief of Police Perry Anderson. We shall con- tinue to monitor and speak of issues that affect this community. We agree that the allegations regarding Chief Anderson are uniust, unethical, and founded on spe- culation, and serve as means to discredit his ad- ministration and divide the total community. We, as Baptist Ministers dismiss such allegations as false, and wholeheartedly support Chief Anderson. We support Chief Anderson because through his integrity, experience and executive ability, he has proven himself a sound and competent leader and has gained the support of the total community. It is our desire to see the goals and objectives of his admi- nistration come to fruition.. We oppose the attempt by elected officials to operate our city by special interest groups who have little or no concern for the community at large. No one can adequately perform his/her duties with the pressure(g) of job insecurity. We therefore urge you to give him the type of job security needed to fulfil his duties. In liqht of the above, we appeal to all sectors of the community- religious, Political, Social- to consolidate our forces in opposition to this issue through their presence at City Council, Thursday, May 24, 1990. It is our belief that our combined presence will dramatize our pledqe of support, unify our com- munity, and serve as an example to any other person 90- 392 Page 2 of 2 RE: Chief Perry Anderson or organization which seeks to discredit effective public officials. Respectfully, Rev, -Dr. Dayld-lHorton, President, Baptist Ministers' Council Rev. J. Wise, Chairman, Political Action Aqency ____R v. Dr. omaS Ferguson Rev. Willie Stock Rev. Zachary W. Royal tli).nni i.'. i .a(' �ln p .tr11C cc: Miller Dawkins, Vice Mayor Dr. Miriam Alonso, Commissioner Victor DeYurre, Commissioner Jorge Fernandez, City Attorney Cesar 11. Qdio, City Manager 0 City C.loi:k gap 392 A. C. C. AFRICAN COMMUNITY COUNCIL ISrab-Divislon of STAR -Society Totally Against Racism for All People) P. 0. Box 1445 J Miami, FL 33147 Grass Root Connection Small Vol fi. RiVifppetfini0 the public May 24, 1990 record in connection with item 2— on s 90 Matty Hirai uRFET#I G City Clerk HONORABLE MAYOn AND RLSPCICTIUE CITY COMMISSIONERS Miami Police Chief Perry I.. Anderson is absolutely and without question undeserving of any consideration the Commission may he deliberating today with regards 10 extending Chief Anderson, the highly controversial three year security contract or according to Perry, "a job security package". In order for him "ferry to implement his departmental goals and objectives without worrying about being terminated on the whims of asometimes fickle commission (according to statements mnde in an article in an interview of Chief Anderson in the Miami Tinins, "Today"). Be edvised, the record would reflect, Chief anderson's past administrative performance, as it relate to his ability in effectively running the Miami Police Department leaves n-luch to be desired[ So much so, that under Chief Anderson's administration citizens complaint of police brutality have increased, complaints of police abuse of authority have increased, Burglaries with in the city limits are at an all time high, strong arm robberies still remain at an all time: high with suspects rarely caught let alone, convicted. illegal narcotics can still be brought from just about every other street cornea with in certain section of our city. Hispanic officers feuding against black officers, whito officer dislike Moth black and hispanic officers, Chief Anderson simply sit back and allow what was once the pride - of Miami's finest. "The Miami Police Department" turn into some sort of "street gang dispute" coil's hating fellow cops. It is no wonder crime in the city runs rapid, gores almost unchecked. The Miami Police Department is divided, according to the Bible, a house that is divided shall fall. Several innocent black officers lost their jobs bohind Chief Anderson's insensitive goals and double standard objectives. No other Police Chief in the history of the Miami Police Department aver received such a security contract, over to grant Chief Anderson such an unusual rcactuest vOu Would, hf handing him the authority of a police conimissionor and we don't rec-all tr-- Miami ever voting on an issue or proposal involving a police coamnis� 90- 392 AFRICAN COMMUNITY COUNCIL - (Sub -Division of STAR -Society Totally Against Racism for All People) P. Q. Box 14415 MlarnI, Pi. 33147 Page two And finally, our system of government must have checks and balanres, what Chief Anderson is apparently attempting is to force the commissions in giving him a signed blank check by removing the checks and balance system which actually governs roost all aspects of City, County, State rind Federal Governments, and blindly allow him to run the tax payers Police Departniont in any manner he see fit. If he is fired in the procoss of running the Miami Police Department ns he sees fit. No problem, what does he care, he gets a pansion. The once percent fund money for the )mount of time he has on the force, and $P80,000.00 approx. two hundred eighty thousand dollars as a. result of this three year contract scam. By the, way, Chief Anderson or any of his aides, it they should appear before you today ask them what ever happened to the $150,000.00 tax payer money stolen out of the locked safe in the S.I.S. unit a couple of years ago - no suspects, no one arrested. Citizens goes to jail for stealing candy from a grocery store - but high level Miami police official can steal hundreds of thousands of tax payer's money and absolutely nothing clone about it. If Chief Anderson some how manacle to trick our city commissioners into giving him a card blanche contract, then he must be male accountable as to what's going on with regards to the $150,000.00 case, we are sure he would say it is still under investigation which is bull sh..., clam near three years and nothing s«id or mentioned about the whereabouts of $150,000.00 cash dollars. The signal is quite clear, it is OK for Miami police officers to illegally kill, steal and destroy personal property but citizens aren't authorized to cOrnnlit such terrorist acts .., Sincerely, Submitted into the public record in connection with - Staff & Members of S.T.A.H.- item-3._on Director Tony Steen -Q— -_ Chairman Keith Wilson Matty Hirai Secretary Betty Wilcox City Clerk Treasurer Boyton Thornas = cc: Miami Harald CNN Miami Times WNWS News All City Commissioners WFDR News Channel 4, 7, 10 WIN? News 9©- 392 { D" 0 A A (-'1 national black Police association f ,.....: _. C;ALV/IN J. I OWARD t outhern region 721 Ptnnak Drive Grand Prairie- Texas 75051 (214) 263-8409/4430 1990-1992 OMCERS �31' Ems ' : J -I f3 I� . IF at_? 11Z E : 4C 1 'T' V C1 C3 M M X 3 !�31 19D M. 1F. J�Ztill. CALVINHOWARD dill E a I ".A Chairman M ^ V 2 4 l_ '3 9 0 WALI KAREEM Vice Chairman GEORGEBEDFORD On behalf of the membership of the SOUTHERN REGION of Information Officer THE NATIONAL BLACK POLICE ASSOCIATION, I stand before DIANACHAPMAN you in support of CHIEF PERRY ANDERSON and the members c"ret'ry of the MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIATION, ANTHONY RODGERS Treasurer a very active individual and organization within the SOUTHERN REGION of THE NATIONAL BLACK POLICE DIANE RAMSEY BROWN Financial Secretary ASSOCIATION. GREGORY CLAYTON Sergeant -at -Arms As an organization of' PROFESSIONAL LAW ENFORCEMENT SAMHARLAN OFFICERS, we too are just as concerned about the Parliamentarian leadership of our police departments across this WILLIE GOLDEN country. Many officers has a tendency to police people Chaplain and communities as a rosul.t of the attitude of the top administrator, who is normally the POLICE CHIEF. If the NATIONAL DELEGATES Chief of Police is insensitive, then the officers are JAMESALIEN,JR. Insensitive, and PERRY ANDERSON Is a sensitive POLICE O NALD PEARS TMC;CANTS O Dh1AL ;THIEF and tins tried to instill sensitivity among the HENRYWEATHERSPOON officers csf the MIAMI POLICE DEPARTMENT against oppositions. In a time and era when police/community relations has deteriorated. every city needs a POLICE CHIEF the caliber of PERRY ANDERSON to instill TRUST and INTEGRITY into the agencies they have been entrusted to lead. It is easy to criticize the CHIEF of POLICE when crime statistics show a rise in your city, but how can you control crime In the community and the criminal element on the outside, when you are plagued with allegations of �! •6 criminal activity within your law enforcement agency. '� flaw can you control the criminal element when the criminals are wearing badges, guns and uniforms of our b+U law enforcement agencies? At a time when the CHIEF of A, ,>% POLICE is trying to clean up his department, you have ar .0 - individuals crying, GET RID OF THE CHIEF! Is this call to GET RID OF THE CHIEF � or not to RENEW HIS CONTRACT o o coining from officers who want MIAMI POLICE DEPARTMENT to continuously be recognized in NATIONAL training films as ^' U a 'MODEL' police department or is this call coming from those individuals with the 'GOOD OLE BOY' mentality that wants a police department where they can control the chief? WThe CITY of MIAMI and the STATE of FLORIDA leads the ~ •^' nation in filing charges against those officers that has betrayed the public trust and this is because those 9®- 302 r'rnrrm The leech Of Thv (-'hnirwn►i COMMISSIONERS age 2. 44 Chief 's of PoIiC:e who has led the MIAMI POLICE DEPARTMENT has r of �zsed to tot, t he MIAMI POLICE DEPARTMENT he a depa r tmnen t. that supports POLICE: BRUTAL.ITV. POL.ICF. CORRUPTION or POI.,ICE. MISCONDUCT. Is it because of these of these 'FIRINGS', 'INDICTMENTS' and 'CONVICTIONS' of officers of the MIAMI POLICE DEPARTMENT the reasons a group of officers are seeking the retirement of CHIEF ANDERSON? Should this be the case, then I question these officers motives. What's in it for them? The City of Miami and County of Dade has received enough negative national publicity over the years and many of the good officers of the MIAMI POLICE DEPARTMENT had to carry the negative labels placed upon them by officers who had used their positions under the colors of LAW ENFORCEMENT to violate the law and trust of the community. I ask you, how can we ask the citizens of MIAMI or any other city in this county to be law abiding when the same individuals who are to be enforcing the laws are the ones breaking the laws by dealing drugs, conspiring to deal drugs, committing murders or civil rights violations and other crimes against society -- and you call them PEACE OFFICERS or LAW ENFORCEMENT OFFICERS.•• When we start turning our police departments over to leaders of unions or organziations, then you must be ready to take the blame for the lack of professionalism shown by your officers. When they mess up, will you be willing to take the blame? Miami Police Department had several good Police Chief's prior to PERRY ANDERSON, and CHIEF ANDERSON has attempted to keep the positive image of his department throughout all the negative publicity. Removing CHIEF PERRY ANDERSON from the position of CHIEF of POLICE of the MIAMI POLICE DEPARTMENT, will be a disservice to the good officers of the department and a disservice to the Citizens of Miami. Miami Police Department must go .forward into the 20th Century and let the incidents that has tarnished their image remain in the past as a lesson to be learned by 'ALL' police agencies across this country. CALV Z N .J _ H�WAi2I3 Submitted into the puh!ic record in connection with item _-I_ on S �4qo Ylatty .11irai 90 - 392 City Clerk rl TO: City Commi_ssioner�� Miami., Florida r' FROM: Veola B. Williams 1457 N.W. 42nd St et.�"��' _— Miami, FL 331 SUBJ: City Hall Meeting Chief Perry Anderson's Work Contract � M� May 24, 1990 Due to Chief Anderson's demonstrated concern for the overall community, this writing is in support of his request for a work contract as a Public Safety Administrator. These are times when many citizens do not feel safe at all. As one of the chief keepers of the city, he has not only demonstrated fairness for the citizenry, but the chief has shown a great deal. of tolerance for his subordi- nates; much more tolerance than supervisors in his line of work usually exhibit. I am thinking now of the black wrist bands worn by his subordinates after due process of law; this was an insult to the American Judicial Process as well as its citizenry. Also, his subordinates challenging the chief of police to make public his medical record, which is a private matter for the ordinary citizen. As I observe these dynamics in the Police Department, I applaud the Chief of Police professional conduct under these trying circumstances. I sensed his maturity and affinity as a law enforcement officer, in a troubled. city. The chief should not have to continually suffer insults and smear tactics from professional fault-finders and knit pickers, whose expertise it is to make wild accusations in an effort to destroy a per.son's presumption of innocence. That kind of activity has kept this city polarized down through the years, and, it is that Rind of polarization that has proven so detrimental to the social structure of the nation. The enemy, who know well the weakness in the social fabric of this country are within and without, and they have worked it well to their advantage, this weakness It is this polarization and the spin-offs from it,which facilitated the drug lords shipping their foreign -feces to this country and diffusing it from the Black com- munity, now, a generation of Black as well as White youth are going down the tube. We have experienced a swift and dangerous culture takeover. It is my hope that tW Chief has a plan to stem the tide of this scourge in the City. If the chief has a plan, he needs time to work his plan, and, should his plan begin to show progress, or.a return to saneness, there will be those who will try every trick to.attack his presumption of innocence in order to nullify his effectiveness. It is time to put a stop to this madness! Submitted into the public record in connection with DAatty Tlirai CCl Ii.y erk. 90- 392 -