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HomeMy WebLinkAboutItem #75 - Discussion Item60 CONCERNED CITIYRNS OF GREATER MIAMI AGENDA FOR.THE BLACK COMMUNITY 1. POLICE BRUTALITY AGAINST BLACKS A. WHAT HAYS YOU DONE SINCE FEBRUARY TO INCREASE THE NUMBER OF SWORN BLACK POLICE OFFICERS TO REPRESENT TOR BLACK POPULATION OF THE CITY OF MIAMI ON ALL LEVELS. B. WHAT HAYS YOU DONE TO INCREASE OFFICER (BLACK) VISIBILITY IN THE BLACK COMMUNITY# ESPECIALLY AT NIGHT. 2. INSENSITIVITY TOWARDS BLACKS BY CITY OFFICIALS AND DEPARTMENT HEADS A. CITY COMMISSIONER J.L. PLUMMER DO YOU HAVE ANY PLANS TO HIRE A BLACK FOR YOUR STAFF ? AND, IF.SOS WHEN???????????? MAYBE THB YEAR 8000. D. WHAT IS THE PERCENTAGE OF BLACKS THAT HAVE BEEN PROMOTED IN THE • CITY OF MIAMI SINCE FEBRUARY OTHER THAN THE POSITION OF JANITOR. C. MR. ODIO, WHAT HAVE YOU DONE TO STEP UP EFFORTS TO HELP THE HAITIAN COMMUNITY JUST AS YOU DID THE NICARAGUANS SINCE FEBRUARY. 3. SINGLE —MEMBER DISTRICT ELECTIONS A. WHAT IS THE OP DATE FOR DISTRICT ELECTIONS ? B. WILL DISTRICT ELECTIONS IN FACT BE ON THE NOVEMBER BALLOT OR IS GOING TO BE A REPEAT OF ANOTHER BROKEN PROMISE TO THE BLACK COMMUNITY? C. WHO WILL DETERMINE HOW TOE BOUNDARIES WILL BE CUT FOR THE DISTRICTS? 4. ECONOMICS A. WHAT CONTRACTS SAVE BLACKS GOTTEN OUT OF.PbBLIC SERVICES SINCE FEBRUARY B. WHAT EFFORTS HAVE BEEN MADE TO HELP RITH UNDEREMPLOYMENT AND TRAINING TO ASSIST THE BLACK COMMUNITY SINCE FEBRUARY C. WHAT ECONOMIC DEVELOPMENTS HAVE TAKEN PLACE Its TOE BLACK COM-- MUNITTe WITH MAJOR AND MINOR INVESTMENT PROJECTS 'SINCS FEBRUARY. D. HOW DOES THE CITY PLAN TO EQUALLY SHARE THE CITY•S BUDGET WITH THE BLACK COMMUNITY. NEW BUSINESS FOR THE COMMUNITY A. MR. GARCIA. FIRE DEPARTMENT B. OYBRTOWN REVIEW PANEL C. PARK SITUATION IN THE BLACK COMMUNITY 6o a U CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the ity Commission y 11 C)A11. June 7, 1989 FNF SUBJECT Concerned Citizens of Greater Miami FROM REFERENCES Cesar H. Odio City Manager ENCLOSURES Attached please find the City of Miami's response to the Concerned Citizens of Greater Miami. If you require additional information, please contact me at your HEM earliest convenience. 9_5�� .0 t I E City of Miami's Response to the Concerned Citizens of Greater Miami Subject: Agenda for the Black Community June 7, 1989 11 Agenda for the Black Community The unfortunate police -related incident and subsequent devastat- ing civil disturbance which occurred in January 1989 initiated considerable reflection and significant action from both the Miami City Commission and the Administration. 'Miami's Comeback Plan' Among the most immediate, prominent and ambitious of the City's actions was a proposal generated on January 20, 1989 by various Commissioners, community activists and leaders entitled "Miami's Comeback Plan." Essentially, "Miami's Comeback Plan" is a ten - point economic development plan consisting of the following specific plan components and associated actions to date: I. Redirection of Governmental Efforts to Improve Overtown/ Park West: Objectives of the Southeast Overtown/Park West Program would be redirected to the redevelopment needs of Overtown residents. ACTION: Feasibility analysis is being conducted to determine alternative directions for this massive and ambitious development program. The City has committed $625,000 to this project and appraisals are being generated for this project. 2. Creation of a Liberty City Tax Increment District: Tax increment -generated funds would be utilized to redress economic deprivation in the Liberty City area. ACTION: Mayor Xavier Suarez requested City Manager Cesar Odio on January 24, 1989 to determine the feasibility of establishing a tax increment district for Liberty City. The Planning Department is currently performing analysis on the tax increment district. 3. Economic Development: The ratio of local private funds to federal funds would remain in a ratio of one -to -four with a goal of $10 million. In addition, proposals for the Black Economic Development Coalition (BEDC) and Minority Enterprise Small Business Investment Corporations (MESBIC) are included in this component of the plan. ACTION: Specific requests were directed to the U. S. Department of Housing and Urban Development on April 3, 1989 relating to Section 108 loans for land assembly and improvements. 4. Adopt -a -Senior Jobs Program: The program would establish a jobs program similar to a Baltimore, Maryland program for high school seniors to provide incentives for increased school attendance and to assist in the development of job -related ski 1 ls. ACTION: Meetings were convened with members of the Greater Miami Chamber of Commerce on April 25, 1989 to discuss implementation of the Program. 5. One Church - One Youth Jobs Program: Black ministers and congregations would assist in finding permanent homes for Black children needing adoption. This plan is patterned after a successful plan operating within the State of Illinois. ACTION: Meetings were convened on 4/15/89, 4/27/89 and 5/10/89 to plan and to implement the program. In addition, the City Commission on May 11, 1989 proclaimed the month of May as "One Church - One Child" month. It is anticipated that by January 1990, the first 48 children will be adopted by local families. 6. Adopt -a -Site: The various sites that were destroyed in the January civil disturbance would be immediately cleared and sodded. Federal, state and privately contributed funds would be applied to this task. ACTION: An initial list was prepared of sites of overgrown lots, abandoned vehicles and abandoned houses identified by P.U.L.S.E. and submitted to the Office of the Mayor for subsequent disposition by the Administration. Various buildings have been "boarded -up," both properties and individuals have been cited and numerous vehicles have been removed. 7. Sensitivity Training for Young Officers on Patrol: Young police officers would receive sensitivity training for dealing with impoverished communities; particularly those officers that do not share the race/ethnicity of the neighborhood that they patrol. In addition, teachers and sociologists would be retained as consultants to effectuate the program. ACTION: On January 26, 1989, Mayor Xavier Suarez requested City Manager Cesar Odio to initiate sensitivity training in the Miami Police Department. The Training Unit of the Miami Police Department is currently in the process of developing a curriculum for future training and is contacting consultants for assistance in the development and the implementation of this effort. 2 11 Ll 8. Overtown Independent Review Panel: A permanent panel of police officers and community members would be constituted to review all complaints of excessive or deadly force. ACTION: The Overtown Independent Review Panel was created by the City Commission by Resolution No. 89-84 on January 18, 1989. The stated mission of the The Independent Review Panel is "To investigate and review community relations between police officers and the residents in the Overtown area; and to report the findings and make recommendations to the City Commission." Additional information on The Independent Review Panel is discussed in section 5, (B) of this report. 9. Police "Counsel -out" or Transfer Program: A complete review of the City's system for evaluating police officers with a proven propensity toward the use of excessive force or complaint -generated behavior would be initiated to "counsel - out" or to transfer police officers to other City departments where police powers would not be in effect. ACTION: On February 10, 1989, Mayor Suarez requested City Manager Cesar Odio to investigate the feasibility and legality, under existing legal contracts, of implementing a "counseling out" program for police officers. It was determined from the labor contract between the City of Miami and the Fraternal Order of Police, Lodge #20, that police officers are protected within their current job classification and cannot be involuntarily moved to another department; even if similar pay and benefits were available. Furthermore, Civil Service Rules and Regulations state that employees cannot be involuntarily transferred to one department from another; if their particular classification does not exist in the other department. However, several effective management alternatives are cur- rently in operation within the City's Police Department to Fa achieve the same goal of relieving problematic sworn officers M of duty. Among those management alternatives are: (1) the City's "Early Warning System" which identifies officers who are involved in a large number of violent confrontations and which prescribes specific corrective measures; (2) the provision of psychological services provided by Axelberd, Valle and Associates for stress counseling, post -traumatic shooting and other services to help officers cope with a variety of stress 3 9 9, _5 221.1 E 11 and emotional problems; and (3) a proactive approach to separate from police service certain physically or emotionally -incapacitated employees under the auspices of the Civil Service Rules and Regulations, Rule 14.9. 10. "Super Citizen" Proposal: A voluntary system of identification of citizens who regularly participate in the electoral process. This plan would be the converse of the present "purge" from the voting rolls of residents who have not exercised their franchise in five separate elections. In addition, an identification card would carry privileges similar to those of existing Crime Commission and CRT members. Finally, the legislature would be asked to consider such identification as a substitute for bail in minor criminal offenses. ACTION: This program is currently being examined for feasibility and subsequent execution. In addition to the actions supporting "Miami's Comeback Plan" enumerated above, an overwhelming degree of positive cor- respondence and support was directed to City Officials from community activists and leaders to assist in the implementation of the various components of the plan. 4-�5'�,�w.6 U C 'City Manager's Response to "Agenda for the Black Community.` In the following sections, each specific question from the "Concerned Citizens of Greater Miami" has been addressed. "1. Police Brutality Against Blacks A. What have you done since February to increase the number of sworn black police officers to represent the black population of the City of Miami on all levels." Black Representation With regard to expressed concerns to issues of Black representation within the sworn ranks of the Miami Police Department, the following response is presented. The City's Affirmative Action Division established a 21% goal of Black representation within the Miami Police Department based upon 1980 census information and the United States Consent Decree. At present, the Department's structure is inclusive of Black representa- tion as of 4/30/89 as follows: No. of Total Percent Classification Blacks Dept. of Total Chief of Police 1 1 100% Deputy/Assistant Chief 1 3 33% Major 4 12 33% Executive Assistant 1 1 100% Captain 1 14 7% Lieutenant 3 51 6% Sergeant 27 172 15% Police Officer 156 830 18% TOTAL 194 1,084 17.9% The low numbers and attendant low percentages for Blacks at the ranks of Captain and Lieutenant are the result of three major factors: (1) the limited number of Captain positions, (2) a low vacancy rate in the Captain rank, and (3) a rank dependency of Lieutenant upon vacancies to the rank of Captain. In summary, unless attrition or some other administrative action produces a vacancy at either of these two ranks promotions from lower ranks •are limited. Police Officer and Public Service Aide (PSA) Recruitment A discussion of the City's concentrated efforts to recruit Police Officers and Public Service Aides is relevant to the issue of Black representation. The first of two recruitment drives for Police Officer classification was initiated on September 12, 1988. Recruitment terminated on November 4, 1988 and the cor- responding Civil Service examination was held November 15- 179 1988. A total of 1,216 applications were filed and 798 applicants participated in the corresponding Civil Service examination. The examination resulted in the creation of an eligible register of 542 applicants. The second recruitment drive began on January 3, 1989 and concluded on June 2, 1989. Through May 31, 1989, a total of 1,680 applications have been received from which 561 applicants have been qualified from the Civil Service examination. The final written examination associated with this recruitment is scheduled for June 20, 1989 and should generate between 150 to 200 additional eligible applicants. Print media advertising has been the primary recruitment source in both of the recruitment drives. Other recruitment sources have been (1) programming of the radio media through public service announcements, (2) a mailing campaign, (3) direct response to telephone and written in- quiries, and (4) contacts with community -based organiza- tions, colleges, universities and military installations. In 1988, a Police Recruitment Unit was established. This unit was responsible for conducting outreach recruitment visits at colleges, universities, and military installa- tions. The Recruitment Unit attended numerous "job fairs" to inform prospective applicants of the various employment opportunities within the Miami Police Department. Approximately 3,100 applicants have been recruited for Police Officer positions. This will result in the generation of approximately 1,300 eligible applicants. Since October 1, 19889 75 Police Officers have been employed. Therefore, the total number of sworn personnel is 1,086 as of June 2, 1989. An additional 28 Police Officers are required to reach the 1,114 goal established by the City Commission. If an attrition rate of 4 per month for the four months of June through September is assumed, the number of additional hires is adjusted to 44. At present, 584 Police Officer candidates have been referred to the Police Department for processing and subsequent employment. The selection ratio for this classification is 1 "hire" for every 11 candidates. .)--51�1, • 1 2 C Assuming the aforementioned ratio, 53 officers from the candidates presently in process may be hired to achieve the hiring goal prior to September 30, 1989. It should be noted that after the June examination administration, the Department of Personnel Management will have generated approximately 1,300 eligibles from which the Police Department can process and select for their current hiring requirements as well as those requirements projected in FY'90. "B. What have you done to increase officer (black) visibility in the black community, especially at night." In regard to the issue of increased Black officer visibility in the Black community, the Police Department is continuing to recruit personnel in direct accordance with the City's Affirmative Action goals. Since the beginning of 1988, Blacks have represented over 20% of the new hires for the position of Police Officer. The following table represents the number and percentage of Black recruits to total City of Miami recruits entering the police academy since that time: No. of Total No. of Percent of Blacks Recruits Total 5 21 24% 4 19 21% 4 26 15% 7 30 23% 7D i9S M The City is aware of and sensitive to the various factors which combine to create the necessity for ethnic representation throughout its ranks in relation to the ethnic composition of the total community. As previously demonstrated, the Chief of Police has exercised his authority to ensure balanced ethnic representation at the unclassified staff levels of Major and Deputy/Assistant Chief. However, factors such as attrition, level of vacancies, seniority, and Affirmative Action have produced limitations at the Civil Service ranks of Captain, Lieutenant, Sergeant, and Police Officer. In conclusion, the City is presently engaged in a concentrated effort to attract and recruit Blacks in order to reflect the desired level of representation in the Miami Police Department. Every effort will be generated in that regard. Disciplinary Action Members of the Black community also expressed a desire for swift disciplinary action against "Officers who display any unlawful and unethical behavior." in response to this issue, it is important that the community acquire a basic understanding of the disciplinary process within the Miami Police Department. As a result of contractual restrictions, the Police Officers' Bill of Rights and departmental policy which has been formulated to ensure equity, consistency, and compliance with legal guidelines; the conclusion of any disciplinary action is a lengthy process . However, it I= must be clearly understood that the initiation of o disciplinary action is always immediate, with the oR icer 9- be i ng relieved of duty (as appropriate) until the disciplinary process is finalized. If the allegations are not of a criminal nature, the administrative investigation is immediate. Depending upon the number of witnesses involved and their availability for interview, the administrative investigation may proceed for two or three months. In all cases, the maximum in thoroughness and precision is performed in these investigations. At the conclusion of the administrative investigation, a formal recommendation for disciplinary action is established as a written reprimand. At that point, the following procedure must occur: 1. The supervisor submits written reprimand. 2. The reprimand is reviewed and endorsed by the entire chain of command; through and including the Chief of Police. 3. The reprimand is submitted to the City Attorney's office for review to assure that all legal guidelines have been adhered to and toyensure the "best" case in the event of a Civil Service.Hearing. 4. The reprimand is returned to the Department and routed to the officer's unit for the officer's signature and option for Departmental Disciplinary Review Board (DDRB) review. 5. If the officer requests a DDRB review, then her/his case is placed on the calendar of scheduled reviews in sequential order. Recommendations for terminations are prioritized. E 0 6. once the DDRB hearing is completed, the case package is routed to the Chief of Police for his review. The Chief of Police may concur with the findings of the DDRB or may override the Board's recommendations. 7. The officer is then served with a letter from the Chief of Police advising her/him of the penalty. 8. The officer may request a Civil Service Hearing. 9. The hearing is scheduled and placed on the Civil Service calendar. This process is also quite lengthy and may continue for several months. As demonstrated in the steps enumerated above, the disciplinary process may be protracted. However, the community may be assured that in every case, disciplinary action is initiated immediately and conducted with appropriate thoroughness. Black Reassignment Deployment of police patrol resources is a concept with Citywide implications and ramifications. Essentially, deployment of hundreds of police officers must be considered from a Citywide perspective to ensure the highest level of police patrol responsiveness for all of Miami's residents in all community areas. As a result of these global considerations and their implications for all of Miami's residents, Police Chief Perry Anderson communicated the following to Assistant Police Chief Walter D. Martinez on March 9, 1989: "In an effort to provide the best level of service to the community and to stabilize assignments, ensure that officers assigned to specific zones are main- tained in those zones unless a public safety necessi- ty requires their being assigned to another area. In addition, when transfers or reassignments are made to specialized units, make every attempt to have the officers affected assigned to the same zone they worked while in uniform patrol." °2. insensitivity Towards Blacks by City Officials and Department Heads' A. City Commissioner J. L. Plummer, Do you have any plan to hire a black for your staff? And, if so, When?????? Maybe the year 2000. Commissioner J. L. Plummer has indicated that the current small staffing complement of two secretarial/clerical employees is cost-effective and sufficient for his current office requirements. Finally, Commissioner Plummer has not hired an employee since 1981. B. What is the percentage of blacks that have been promoted in the City of Miami since February other than the position of janitor? As enumerated in the following exhibit, Black promotions within the City of Miami for all positions from February 9, 1989 through May 31, 1989 aggregated to 37%. Black pro- motions in categories other than service and maintenance were 21 of 24 or 87.5% A discussion of the City's affirmative action policy is most relevant and appropriate within the context of this report. City of Miami Policy Statement On Affirmative Action The City of Miami will continue to recognize an obliga- tion, and an ethical and moral responsibility to provide fair and equitable consideration of applicants and employees, without regard to race, creed, color, religion, age, national origin, gender or physical or mental handicap. The Administration publicly reaffirms its commitment to a policy of non-discrimination and affirmative action in all agencies of City government to enlarge and to expand employment opportunities in hiring, placement, promotion, training, reclassification, transfer, recruitment, layoff, compensation and all other aspects of employment. Furthermore, the Administration's goal is to achieve participation at all levels throughout its work force of minorities and females approximating their respective proportions in the City's labor force as determined by the United States Bureau of the Census. Our successful achievement and maintenance of this goal will require maximum cooperation among employees and is the personal responsibility of each Department Director. The ultimate responsibility for instituting and implement- ing this policy rests with the City Manager. The execution of the Affirmative Action Plan has been 6 �V iI��IIV�V�II�;�V'�VV�I��Ii!'VINIUIp �VV CITY OF MIAMI Black Employees Promoted 2/1/89 - 5/31/89 ANGLO BLACK LATIN TOTAL Category Males/Females Males/Females Males/Females Males/Females cr # # % 10 Official/Admin. 2 66% 1 33% 3 100% Professional 5 18% 11 41% 11 41% 27 100,10 Technician 4 36% 4 36% 3 27`1; 11 100% Prot. Service 1 100% 1 100% Para -Professional 1 33% 2 66% 3 100% Clerical 5 38% 8 62`h 13 100% Skilled/Craft 1 100% 1 100n Serv./Maintenance 1* 17% 3 50% 2 33% 6 1004 TOTAL: 13 20% *Other sales are included under Anglo males. 24 37% 43% 65 i00� s �,_ I�IIIII�UIIIIIIIIIIIII911111111111111111111 glIIIIIIIII IIIIIIII III I IIIIIIII I I delegated to the Assistant City Manager of Administration, an executive level employee responsible for the overall administration of the EEO/Affirmative Action Program for the City of Miami. The Department of Internal Audits and Reviews has been delegated the responsibility for administration of an effective and responsive Affirmative Action Plan. The Affirmative Action Officer has the authority to exercise overall jurisdiction in the development, implementation, and monitoring of affirmative action guidelines as they relate internally to the City of Miami. The Affirmative Action Advisory Board will monitor and provide advice and recommendations, hear specific discrim- ination complaints brought before it, and will also make recommendations for resolving such complaints. All ques- tions, grievances, and/or requests to appear before the Advisory Board should be directed to the Affirmative Action Officer within the Department of Internal Audits and Reviews. The Affirmative Action Policy was established in accordance with the Equal Employment Opportunity Act 1964, Title VI I of the Ci vi 1 Rights Act, USA vs. City of Miami Consent Decree, City of Miami Affirmative Action Plan 1978, and Ordinance Nos. 9140 and 10111. City of Miami Hiring and Promotional Goals In order to eliminate the effects of past discriminatory practices against Blacks, Latins, and Women, the City shall adopt and seek to achieve as its long-term goal the participation at all levels throughout its work force of Blacks, Latins and Women approximating their respective proportions in the City's labor force, as determined by the United States Bureau of the Census. The purpose of this goal is to eliminate the substantial underrepresenta- tion and uneven distribution of Blacks, Latins and Women throughout the City's work force. In order to achieve this long-term goal, subject to the availability of qualified applicants, the following exhibit of recruitment and hiring goals shall be established for Blacks, Latins and Women from July 1, 1988 through June 30, 1989. It is understood that the goals are minimum, and that the City shall seek to fulfill the goals by hiring Blacks, Latins and Women generally in proportion to their representation in the labor force. Only full-time regular civil service employees who have successfully completed their probationary period or in 7 89--5 - i CONSENT DECREE/CITY COMMISSION GOALS July 1, 1988 - June-30, 1989 Execu- Official/ Para- Office/ Skilless Promo- tive Adminis- Profes- Techni- Profes- Cleri- Craft tional Department Level trators sionals cians sionals cals Workers Others Goals Building Zoning 80% 60% 30% 50% 50% All in- 67` spection positions 56% City Clerk 80% 60% 30% 40% 50% City Manager 80% 60% 30% 40% 50% Civil Service 80% 60% 30% 50% Community Development 80% 60% 30% 50% 40% 50% Computers 80% 60% 30% 500.1 40% 50% Con;erences & Conventions 80% 60% 30% 50% Development 80% 60% 30% 50% 4010 50% Finance 80% 60% 30% 50% 40% 50% 60% 30% 50% 40% 50% 1 67% 67% 67% 67% 50% 60% 3 3% 67% Al in- 67% spection positions 56% Fire 43% Fighters 80% . __,._ _ r li i In I'llilt quill If 111 'I'll tl[1�;.... i. l'"y"1 11,i uv1'i 'i1 u�i' 1 16PVdl ljliil 11 °I'll'Iq'g l'1111II"II III ipgl 111111 'V III U1114111"1'lll 'lll'II'11^'1 NII III '1111 `u Jill 111II Jill II'lII III I "Ii '11 11 �'�19 in II Execu- Official/ Para- Office/ Skilled Promo- tive Adminis- Profes- Techni- Profes- Cleri- Craft tional Department Level trators sionals cians sionals cals Workers Others Goals General Services Administration 80% 60% 30% 50% 40% 50% 50% 67% Housing Conserv. 80% 60% 30% 50% 40% 50% 50% 67% & Development Agency internal Audits & Reviews 80% 60% 30% 40% 50% 67% Law 80% 60% 30% 50% 40% 50% 67% Budget 80% 60% 30% 50% 40% 50% 58% Mayor's Off ice/ City Commission 80% 60% 30% 40% 50% 67% Parks, Rec./ Public Fac. 80% 60% 30% 50% 40% 50% 50% 67% Pension 80% 60% 30% 50% 67% Personnel 80% 60% 30% 40% 50% 67, Planning 80% 60% 30% 50% 40% 50% 64b, Police 80% 60% 30% 50% 40% 50% Police 65% Execu- Official/ Techni- Para- Profes- Office/ Cleri- Skilled Craft Promo— tional tive Level Adminis- trators Profes- sionals cians sionais cals workers Others foals Department Public Works 80% 60% 30% 50% 40% 50% 50% 6 7% I IO tlab- orers 1, II 8 III 35% other than Black 80% 60% 30% 50% 40% 50% 50`b Custodian 67% Solid Waste I, Waste Collector & Waste Collector Operator I, Laborer, 35% other than Black 3 the case of successfully college shal the goals. on an annual LI the Police and complete the 1 be counted in Progress toward basis. LI Fire Departments those who police academy or the fire determining progress toward these goals shall be measured Subject to the availability of qualified applicants, promotional goals shall be established for minorities on a department basis with each department having as its yearly goal until the long-term goal has been met for a period of one year either parity with the Miami City workforce population statistics or the percentage of minorities currently employed in the department; whichever is smaller. Priority opportunity for promotion within a particular department shall be provided to qualified persons who have indicated a desire or interest in the promotion, transfer and assignment opportunities created by this decree. "C. Mr. Odio, What have you done to step up efforts to help the Haitian Community just as you did the Nicaraguans since February.` Several recent efforts have been performed by the City of Miami to assist the Haitian Community. Among those efforts were: 1. On March 9, 1989, City Manager Cesar Odio and Commissioner Miller Dawkins intervened with and assisted federal immigration officials on behalf ,of a group of Haitians intercepted in a boat 3.1 miles from the United States to permit those Haitians to enter the United States at a distance greater than 3.0 miles. City Manager Cesar Odio with Senator Claude Pepper assisted in the proposal of laws to prevent similar occurrences. 2. On March 20, 1989, City Manager Cesar Odio scheduled and attended a meeting with the Editorial Board of the Miami Herald to initiate a series of articles to improve and to more accurately portray the image of the Haitian community. 3. As a result of threatening brush fires in the Everglades, the Bobby Maduro Baseball Stadium was volunteered by City Manager Odio to house affected persons from the Krome Detention Center. On April 12, 1989, Commissioner Miller Dawkins and Cesar Odio directly assisted in the release of Haitians from the Krome Detention Center for two to three days. It should be noted that City Manager Odio advocated the closing of the Krome Detention Center in the early 1980's so as not to detain Haitians. "3. Single -Member District Elections A. What is the update for district elections?" On April 27, 1989, the City Commission created a 5-member ad hoc Charter Amendment Committee to address single - member districts for City of Miami elections. The appointees to the committee were Manual Alonso-Poch, Esq., Dr. Bill Perry, Jr., Joseph Portuondo, Esq., Steve Suarez and Huber Parsons. To date, the ad hoc Charter Amendment Committee has conducted four public hearings and has recommended an expansion of City Commission members from 5 to 9 with 5 members to be elected from districts and 4 members to be elected "at -large." The City Commission will address the proposals of the ad hoc Charter Amendment Committee on June 7, 1989. "8. Will district elections in fact be on the November ballot or is this going to be a repeat of another broken promise to the black community? " Subject to the City Commission's acceptance of the recom- mendations of the ad hoc Charter Amendment Committee, it is anticipated that the City Commission will resolve to place the single -member election district proposal on the November ballot. "C. Who will determine how the boundaries will be cut for the districts?" The ad hoc Charter Amendment Committee has recommended a method of dividing the City into five districts. However, the City Commission possesses the ultimate authority and responsibility for the final single -member district configuration. 04. Economic A. What contracts have blacks gotten out of public services since February?" Listed below is a report of purchases, contracts, and sub- contracts with Black firms/individuals for the period 2/9/89 - 5/31/89. Please note that in some instances, actual dollar amounts cannot be provided because they are realized over the term of the contract.* (1) Consultant Services Fire Department: Intercultural Training Services (BF) Kareen Johnson & Associates (NTE) $145,000 Public Works: Construction Management Services (BM) Wright, Rodriguez & Schlinder (NTE) $25,000 Planning Department: GIS Computer Systems (NYD) (BM) Softsteel, Inc. - Subcontract *NTE = Not To Exceed *NYD = Not Yet Determined: Occurs over the term of the contract Development Department: UOP/CPA Review (NTE) $47,000 (BM) Sharpton, Brunson & Co., CPA - subcontract (NYD) Police Department: Police Validation Study (NTE), $90,000 (B) Dr. Herman Dorsett, Ph.D. - Subcontract (NYD) Finance Department: Depository Services (NTE) $11• mi 1 lion (B) People's National Bank - Deposits/No Interest Deposits averaging $1 million per month Finance Department: Bond Sales (NTE) $40 million Sales Co-Managers/Underwriters (NYD) - Minimum of 50% of bond sales and management fees guaranteed. (B) Pryor, Govan, Counts & Co. (B) W. R. Lazard & Laidlaw, Inc. (B) M. R. Beal & Co. (B) Grigsby & Co. Development Department: Financial Advisory Services (NTE) $50,000 (B) Joint Venture - H. V. Gary & Associates (NYD) *NTE = Not To Exceed *NYD = Not Yet Determined: 10 Occurs over the term of the contract L (2) Professional Services Internal Audits Department: $200,000 (B) Sharpton, Brunson & Co., 11 Audit of CDBGF (NTE) CPA (NTE) $200,000 Parks Department: Design/Renovations (NTE) $100,000 (BF) Nermine Ricketts - Subcontract (NYD) (BM) Maurice Gray - Subcontract (NYD) Planning Department: Architectural Consultant (NTE) $25,000 (BM) Reginald Barker, AIA $25,000 (3) Construction Contracts Parks & Recreation: Range Park Utilities Relocation $60,000 (B) Solo Construction Parks & Recreation: Range Park Construction $1 million (B) Magic City Electric Subcontract (NYD) (B) Minority Systems, Inc. Plumbing subcontract (NYD) Public Works: Edison Sidewalk Improvements (NTE) $66,000 (B) Build All Construction Public Works: Coconut Grove Exhibition Expansion (NTE) $3.5 million (B) Sharpe Sod Subcontract $161,000 (B) Ocean Services Tile Subcontract $25,000 (B) Boswell Painting Subcontract $65,366 (B) Benjamin Plumbing Subcontract $760,000 (B) Clearview Electric Subcontract $5809600 (4) Goods a Services (Exceeding $4,500) Police Department: Custodial Services @ 62 Street $52,222 (BF) Production Services, Inc. Police Department: Office Furniture @ 62 Street $129,120 (BM) Musashi International *NTE = Not To Exceed *NYD = Not Yet Determined: Occurs over the term of the contract t- 2 1 0 11 The total dollar value of the aforementioned consultant services, professional services, construction contracts and goods and services is significant. "8. What efforts have been made to help with underemployment and training to assist the black community since February." The City of Miami, through the Department of Community Development's Social Programs Division, operates the "Neighborhoods Jobs Program." The Program is designed to service long-term unemployed and economically dis- advantaged City of Miami residents. The Program provides the following free services: (1) the screening and referral of job applicants, (2) professional job counseling, (3) guidance counseling to job applicants in attaining their occupational and career goals, and (4) training referrals for applicants to their chosen fields of interest. The Program was an integral part of the Job Outreach Program which created satellite employment offices in Overtown, Liberty City and Coconut Grove; which operated from February 7, 1989 through March 31, 1989 and which was utilized to recruit for various positions such as Public Service Aide (PSA). In addition, ten (10) other public and private agencies participated. During the time the satellite offices operated, a total of 2,873 area residents were interviewed. Of that total, 299 were placed in full-time employment, and 200 were enrolled in job training. Since the satellite offices closed on March 31, 1989, placement services continue to be offered by the partici- pating agencies at the respective permanent locations. It should be significantly noted that the Private Industry Council and Job Service of Florida are jointly operating a permanent satellite office in Overtown at the City of Miami's Gibson Park, 401 N.W. 12th Street. The office space has been provided without charge by the City. The Neighborhoods Jobs Programs continues to operate a full -service recruitment program from the Program's per- manent location at 1153 N.W. 11th Street. In addition to the Job Outreach Project, during the past year, the Neighborhoods Jobs Program has placed over 1,000 persons into permanent employment in the public/private sectors. This total includes a significant number of "hard -to - serve" clients such as AFDC recipients, offenders, older workers and the homeless. 12 8 - 572-B El In addition, the Program administers a Summer Youth Employment and Training Program through which nearly 800 disadvantaged youths from the ages of 14 to 21 will receive meaningful work experience during the Summer. "C. What economic developments have taken place in the black community, with major and minor investment projects since February? " (1) Southeast Overtown Park West Redevelopment Project Dedication ceremonies were held December 14, 1988 for four redevelopment projects; three projects are currently under construction: - Phase I: 12 condominium units - 356 rental units - 463 rental units Since February 1989, the following initiatives have been generated: Marketing campaigns were developed and presented to inform residents and business interests of the project; specifically, the increased availability of low- and moderate -cost living space in the redevelopment area. Special development forums were convened to inform the investment community and residents of government assistance programs. A "Speaker's Bureau," a diversified group of profes- sionals who regularly appear before the media to promote the South East Overtown Park West (SEOPW) project's potential as a downtown neighborhood was created. A project newsletter entitled PROGRESS was distributed to all residents and property owners in Overtown describing: (1) the project's status, (2) proposed developments in the project areas and in the adjacent Downtown CBD, and (4) highlighting job and investment opportunities. The next issue will be printed in August 1989. (2) Overtown Historic Folklife Village The acquisition process for this project was initiated. The Overtown Historic Folklife Village will be a combination of commercial, retail and limited housing. The number of jobs to be created as 13 r a result of the project is substantial. The development process has been initiated., (3) Overtown Advisory Board (OAR) Efforts of the Overtown Advisory Board performed since February 1989 are as follows: Initiated planning for the OAB office in Overtown Shopping Center. Attracted tenants to the Overtown Shopping Center. The supermarket is scheduled to open during the Summer of 1989. Other commercial interests have been pre- sented from a beauty salon and a fast food restaurant. Planned to employ a Southern Bell Pay Station attendant position in DAB office. Included Jobs Program Service and a job referral service in the "Overtown News." Organized the exhibition featuring Clyde Ki1lens at the Miami Arena as part of Dade Heritage Days. Organized a "clean-up" community day that included a parade and a "Student Speak -out" forum between public officials and Overtown students. (4) Unified Redevelopment of Block 43 North The City issued Request for Proposals on May 16, 1989 requesting redevelopment proposals for mixed residential and commercial uses such as hotel, restaurant, office, parking and incidental retail of an approximately 3.6 acre privately owned city block bounded by N.E. 7th and 8th Streets, N.E. 1st and N. Miami Avenues. Responses from the request are due August 11, 1989. *D. How does the City plan to equally share the City's budget with the black community?" The annual budget of the City of Miami is constructed on a departmental funding basis to support the various annual missions, goals and objectives of the City of Miami. The formulation of the general, enterprise and internal service fund budgets normally does not consider funding allocations directly to specific communities. 14 S 19 - 5,7jof,�.1 Ank However, the City's Capital Improvement Program (CIP) allocates the numerous sources of funding, -i.e., Community Development Block Grant, Highway General Obligation Bond Funds, Sanitary Sewer General Obligation Bond Funds, etc., to various neighborhoods and target areas which are configured according to specific community distinctions. Capital improvement funds are categorized by function, i.e., public safety, housing, community development, eco- nomic development, parks and recreation, stadiums, etc., and by planning district, neighborhood and target area. According to the Office of Comprehensive Planning, the following funds from various sources are identified for allocation to the Black community from the Capital Improvement Program 1988-1994: Capital Improvement Program 1988-1994 Model City/Edison Little River (Little $54.6 Million River, Little Haiti, Buena Vista West Buena Vista East, Brentwood Liberty Square, King Heights and Manor Park) Wynwood (Wynwood and Boulevard) $10.4 Million Overtown (Overtown and Spring Gardens) $52.3 Million Coconut Grove (West Grove) $ 0.6 Million New Housing Projects in the City of Miami Housing is a prominent element in the City's assistance to the Black community. In the following sections, the City's general public housing profile is presented. (1) City -Sponsored Scattered Site Affordable Homeownership Uevelopment Program In April of 1989, the City of Miami completed construc- tion and the "closeout" of seven (7) new single family homes in the Model City neighborhood for purchase by low and moderate income families. The Carver Homes Project located at Northwest 15th Avenue between Northwest 57th and 58th Streets represents the City's first undertaking in the development of new single family homes on a Citywide basis for low and moderate income homebuyers in the City's Community Development Target Areas in connection with the City's Scattered Site Affordable Homeownership Development Program. Approximately $500,000 in construction and second mortgage financing was provided by the City of Miami in connection with the Project. 15 8-9-572.1 (2) (3) AOL $240,000 in first mortgage financing commitments were provided by Barnett Bank to the seven (7)- Black families that currently occupy the 1,300 square foot, 3 bedroom, 2 bath homes developed on the old City -owned Carver Branch YMCA site. It is anticipated that construction will commence on six (6) additional homes in the Model City neighborhood in mid -October 1989. The City of Miami also anticipates expanding the program in the little Haiti and Coconut Grove neighborhoods during next fiscal year. St. John Community Development Corporation Townhouse ro ec In an attempt to stimulate and provide new affordable homeownership opportunities to low and/or moderate income families in the Overtown neighborhood, the City of Miami has acquired two (2) parcels of vacant land at Northwest 13th Street between Northwest 2nd Place and 3rd Avenue for the development of twenty-eight (28) affordable townhouses by St. John Community Development Corporation. Approximately $285,000 was expended by the City of Miami for site acquisition and in order to insure that the housing units planned are affordable to low and/or moderate income families, the City has agreed to sell both sites to the not -for -profit corporation for $40,000. The project sponsor has also secured $798,000 in Dade County Documentary Surtax financing for the purpose of providing second mortgage financing to the prospective low/and or moderate income homebuyers. Construction is anticipated to be underway on the $1.5 million project on or before October 1989. Urban League of Greater Miami, Inc. In July of 1986, the City Commission approved, in princi- ple, the donation of a 1.2 acre parcel in the Model City neighborhood for the development of a thirty (30) unit rental housing project. The project sponsor has been successful in securing $700,000 in Dade County Documentary Surtax funding for the project.. Construction on the $1.2 million rental housing project is scheduled to be underway on or before November of 1989. 16 In CITY OF MIAMI HOUSING CONSERVATION AND DEVELOPMENT AGENCY REHABILITATION ACTIVITY JUNE 1, 1988 - MAY 31, 1989 1. MULTIFAMILY REHABILITATION PROGRAMS Target Area Units Rehabilitated - Program $-Expended Private $ Leveraged Coconut Grove Edison/Little 40 River 10 $328,429 $85,700 $331,529 $85,700 Model City Overtawn-----------------------------------------------------------------_--___-_- 153 $2,057,952 $1,845,452 ----------TOTAL 203 $2,472,081 <$4,734,762>$2,262,681 Total multifamily rehab- ilitation dollars invested in the four target neighbor- hoods 2. SINGLE FAMILY REHABILITATION PROGRAMS Target Area Units Rehabilitated Program -$ -Expended 3 $40,042 Coconut Grove 10 $168,161 Edison/Little River $731,978 Model City 47 ------------------------------------------------------ ___-____._Overtown-------------------- 60 $940,181 TOTAL Lj 'INII 111' NNIIANII W, 3. SUMMARY OF ALL REHABILITATION ACTIVITY Program Private & Target Area Units Rehabil itated $ Expended Leveraged Coconut Grove 43 $368,471 $331,529 Edison/Little River 20 $253,861 $85,700 Model City 47 $731,978 - Overtown -------------------------------------------------------------------------------------------- 153 $2,057,952 $1,845,452 GRAND TOTAL 263 $3,412,262 $2,262,681 <$5,674,943> Total Rehabil i tation dollars invested in the four target neighborhoods 11 X C�5 E i (4) St. Hugh Oak Village Project In November of 1987, the City of Miami acquired a three (3) acre site in the Black Coconut Grove neighborhood for the purpose of developing new single family homes afford- able to moderate income families. In November of 1988, the City Commission approved the development of a thirty (30) unit single family housing Y development on the City -owned St. Hugh Oaks property affordable to moderate income 'families. Presently, the proposed $2.6 million dollar project is in the pre - development planning stage and it is anticipated that con- struction will be underway by December 19889. Construc- tion financing for the proposed homeownership project will be provided by the City of Miami through its E3. 9 million Special Obligation Housing Bond construction fund. Community Development Fifteenth Year Program The City Community Development Block Grant fifteenth year funding allocations to the Black community are illustrated in the following exhibit. Safe Neighborhood Improvement Districts In addition to those funds annually budgeted in the City Manager's annual budget estimate and the Capital Improvement Program, in May 1989 the City. of Miami submitted capital improvement project applications to the State of Florida Department of Community Affairs, for "Safe Neighborhood Improvement Districts." The Miami City Commission authorized the creation of one or more Safe Neighborhood Improvement Districts by Ordinance No. 10405 on March 24, 1989. In addition, the Miami City Commission authorized the creation of Local Government Safe Neighborhood Improvement Districts in Model City, Allapattah and Overtown by Ordinance Nos. 10557, 10558 and 10559 on March 3, 1989. The aforementioned Ordinances provide for: (1) the receipt of funds, (2) the City Commission to serve as the Board of Directors of the three districts, and (3) an advisory council comprised of property owners and residents of each respective district. 17 0 Department of Community Development Fifteenth Year CDSG Program 15th CDSG Social Services Programs Allocation Coconut Grove Mental Health Care $ 27,251 Coconut Grove Child Care 28,004 Coconut Grove Primary Health Care 55,892 Haitian Social Service Program 47,329 Douglas Gardens Adult Day Care 21,353 15th CDBG Economic Development Program Allocation Greater Miami United $ 95,000 Coconut Grove Economic Development 50,000 Haitian Task Force 50,000 Metro -Miami Action Plan 100,000 Model City Economic Development 50,000 New Washington Heights 50,000 Overtown Economic Development 50,000 15th CDSG Housing & Preservation Programs Allocation Tacolcy Economic Development $ 50,000 Land Acquisition/Model City 500,000 Overtown Historic Preservation 31,000 �2. 1 "6. New Business for the Community A. Mr. Garcia, Fire Department" A copy of the Investigative Report of the Independent Review Panel appointed to review the altercation between Fire Fighter Leo Garcia and Albert Patelsky and supporting memoranda indicating the City's response to this incident are attached. 08. Overtown Review Panel" Overtown Independent Review Panel Due to a disturbance within the Overtown area in January 1989, the Miami City Commission established the Overtown Independent Review Panel (ad hoc committee) by Resolution #89-84. The Panel is comprised of eleven individuals: five members of the Overtown community, five police officers working in the Overtown area and one person W designated as the liaison to the City Commission. The Panel was charged with the responsibility of investi- gating and reviewing community relations between the police and residents of the Overtown area and reporting its findings and recommendations to the City Commission. In addition, the Overtown Independent Review Panel was granted subpoena power. The Panel receives legal advice from an independent, out- side counsel and utilizes the services of a paid consultant. Furthermore, employees of the Department of Internal Audits and Reviews perform staff support for the Panel on behalf of the City Manager. The total budget for the Panel through September 30, 1989 is $61,500. Members of the Panel initially convened January 20, 1989; as of May 31, 1989, a total of fifteen meetings/hearings have been held. This included a Special Meeting with the City Commission and a public hearing. Twenty-one indivi- duals have testified before the Panel, and a number of representatives from the community spoke at a recent public hearing. The emphasis in testimony to date has been related to recruitment, selection, the use of polygraphs, psychological testing, race/ethnic relations, and other issues concerning the Miami Police Department. An interim report by the Overtown Independent Review panel on their findings and recommendations as it relates to police/community relations is anticipated by the end of July 1989. Following the inquiry into this area of 18 sq-5., 2`1 and , Miam USAR H. 0®10 City Manager Mr, Roger A. Wilburn !+ Planning Manager -! Safe Neighborhood Program State of Florida Department of Community Affairs 2740 Centerview Drive =j Tallahassee, FL 32399 RE: Capitol Improvement Program Funds for Safe Neighborhood Improvement Districts/Enterprise Zone Applications (SS 163.521 F.S.): Allapattah, Model City and Overtown Dear Mr. Wilburn: The City of Miami is pleased to submit this request for Capital Improvement Funds for three (3) Safe Neighborhood Improvement Districts, pursuant to 4S 163.521 F.S. for the areas of Allapattah, Model City and Overtown. It is requested that, pursuant to §§ 163.521 F.S., your Department submit these applications to the State Legislature during the current session to fund 100% of the capital improvement costs for 25 percent of the area 'of the enterprise zone in which the district or portion thereof is located, as shown on the attached lists. As required by the Florida Statutes, the three neighborhood improvement districts are located in an enterprise zone. (See maps.) The sixteen projects, with an estimated cost of $3,757,650, are in compliance with the Miami Comprehensive Neighborhood Plan 1989-2000. The Miami City Commission, by Ordinance 10405; dated March 24, 1988 (attached) authorized the creation of one or more Safe Neighborhood Improvement Districts by any of the three optional methods as specified. Subsequently, by Ordinances 10557, 10558 Page 1 of 2 nrri [ !,%C Tf or rrry ► . % ki A r.rn - — n ,,.. — .. : ...: ""'I nano "Inel t+11 C14n and 10559, dated March 3, 1989, (attached) the Commission authorized the creation of Local Government Safe Neighborhood Improvement Districts in Model City, Allapattah ,and Overtown, respectively. These Ordinances provide for receipt of funds, provide that the City Commission will serve as the Board of Directors of all three districts, but providing also for an advisory council comprised of property owners and residents of the district. Submission of these grant applications has been authorized by Resolution 76-919• (attached). The Planning Department is presently preparing SKID applications for these sections of Allapattah, Model City and Overtown. Each application follows certain threshold criteria established by the State of Florida Department of Community Affairs (DCA). Each application is approximately 60-70% complete. These applications for planning funds, and the subsequent technical assistance and planning studies will completely substantiate the Capital Improvements now being applied for. The City of Miami has 14 years of.intensive knowledge and expertise in planning and programming improvements in these areas, as they are also Community Development Block Grant Target areas. It is the Planning Department's understanding that there are no currently available technical assistance, planning or capital improvement funds.; funding depends on the 1989 legislative session. As your department is also aware, the City of Miami submitted a planning and technical assistance application for the Wynwood Safe Neighborhood Improvement District and was awarded a planning and technical assistance grant. Contract negotiations are proceeding. If you have any questions, please contact Sergio Rodriguez, Assistant City Manager of my staff, at (305) 579-6040. Sin ly, t 9Cesar H. Odio City Manager Attachments cc: Honorable Xavier L. Suarez, Mayor Honorable Victor De Yurre, Vice Mayor Honorable Miller J. Dawkins, Commissioner Honorable Rosario Kennedy, Commissioner Honorable J. L. Plummer, Commissioner Planning Department Page 2 of 2 L1 U concern, other issues expected to be addressed by the panel relate to housing, employment, community develop- ment, etc. A final report concerning other contributing factors relating to the disturbance is expected to be submitted to the City Commission during the Fall of 1989. "C. Park situation in the black community." The City of Miami has concentrated considerable resources for parks and recreation activities within the Black community. The attached exhibit delineates those activities in considerable detail. Finally, discussions are ensuing with the Miami Heat for the development of a youth center in the Overtown area. It is envisioned that the Miami Heat will proceed with development after the site has been selected by the Overtown Advisory Board. 19 L] CAPITAL IMPROVEMENTS FOR DESIGNATED PARKS 0 The following report details Capital Improvements for which funding has been appropriated or identified under the Citywide Neighborhood Park Renovations Program (CWNPRP), State grants or from other sources. All amounts are estimated and actual expenditures may be more or less. AFRICAN SQUARE Complete Renovation (includes $200,000 State grant*) EATON Court Renovations GIBSON Ballfield Renovation $ 19,000 New Drinking Fountains 6,000 New Furnishings 81000 Building Renovations 200,000 GRAND AVENUE Court Renovations New Furnishings Building Renovations New Playground HADLEY Pool Replacement* Irrigation Improvements New Drinking Fountains Additional Restroom Building MOORE Court Renovations Irrigations Improvements RANGE Court Renovations New Furnishings Lighting Improvements Pool Replacement* 00 • yL, 150,000 00. $2,100,000* 88,000 4,000 75,000 $ 21,000 20,000 $ 30,000 3,000 125,000 2, 1.00, 000* $ 600,000 $ 25,000 $ 233,000 $ 195,000 $2,267,000 $ 41,000 $2,258,000 LI REEVES LI Court Renovations $ 38,000 New Drinking Fountains 4,000 New Furnishings 8,000 Building Renovations 150,000 TACOLCY PARK Roof Replacement* $ 120,000* VIRRICK Pool Renovation $ 200,000 Court Renovation 38,000 New Drinking Fountains 4,000 New Furnishings 51000 Building Renovations 200,000 WILLIAMS Pool Renovation $ 200,000 Court Renovations 50.000 General Renovations" 400,000** TOTAL SUMMARY $8.3 million CWNPRP Projects Projects other than $8.3 million CWNPRP TOTAL $ 200,000 $ 120.000 $ 447,000 $ 650,000 $7,036,000 $2,116,000 $4,920,000 $7,036,000 * Not part of original $8.3 million CWNPRP ** Designated as a Direct Line Appropriation in State's 1989-90 Budget. 0 RECREATION PROGRAMS FOR DESIGNATED PARKS African Square 1400 N.W. 52nd Street WINTER/SPRING Basketball - ceramics - arts & crafts 0 Indoor games: Table tennis, carrom pool, nok hockey... Special events: Easter egg hunt, Martin Luther King Parade. S UHM.ER : *Arts & crafts, learn -to -swim, recreational swimming. *Indoor Games: i.e., Table Tennis, Carrom pool, nok hockey, chess, checkers... *Summer Games: Softball, volleyball, soccer, swimming, track & field, punt -pass -kick, pitch - hit -run, one-on-one, hot shot, table tennis, carrom pool, nok hockey, chess, checkers, scrabble. *Special Events: Playground queen contest, doll show, talent show, end of summer picnics. *Specialized Instruction: Cheerleading., arts & crafts, theater drama, tennis, basketball clinics. United Way/Boys club sports week. *Field Tri s: Atlantis the Water Kingdom, Seaquarium, Castle Park, hot wheels. *State funded lunchprogram: *National Junior Tennis League Dorsey 1701 N.W. 1st Street WINTER/SPRING Basketball - Racquetball - co-ed softball Indoor games: Table tennis, carrom pool, nok hockey... SUMMER: *Arts & crafts, learn -to -swim, recreational swimming. *Indoor Games: i.e., Table Tennis, Carrom pool, nok hockey, chess, checkers... *Summer Games: Softball, volleyball, soccer, swimming, track & field, punt -pass -kick, pitch - hit -run, one-on-one, hot shot, table tennis, carrom pool, nok hockey,* chess, checkers, scrabble. *Seecial Events: Playground queen contest, doll show, talent show, end of summer picnics. *Specialized Instruction: Cheerleading., arts & crafts, theater drama, tennis, basketball clinics. United Way/Boys club sports week. *Field Trips: Atlantis the Water Kingdom, Seaquarium, Castle Park, hot wheels. *State funded lunch program: *National Junior Tennis League 89. 57'?.1 C Edison Range 325 N.W. 62 Street WINTER/SPRING Basketball - Tennis - Ceramics - Boys Scouts Indoor games: Table tennis, carrom pool, nok hockey, chess, checkers, board games, arts & crafts, cheerleading. Special Events: Easter Egg Hunt, Martin Luther King parade. SUMMER: *Arts & crafts, learn -to -swim, recreational swimming. *Indoor Games: i.e., Table Tennis, Carrom pool, nok hockey, chess, checkers... *Summer Games: Softball, volleyball, soccer, swimming, track & field, punt -pass -kick, pitch - hit -run, one-on-one, hot shot, table tennis, carrom pool, nok hockey, chess, checkers, scrabble. *Special Events: Playground queen contest, doll show, talent show, end of summer picnics. *Specialized Instruction: Cheerleading., arts & crafts, theater drama, tennis, basketball clinics. United Way/Boys club sports week. *Field Trips: Atlantis the Water Kingdom, Seaquarium, Castle Park, hot wheels. *State funded lunch program: *National Junior Tennis League 89 -572.1 Gibson 401 N.W. 12th Street WINTER/SPRING Basketball - tennis - indoor games: Table tennis Carrom pool, nok hockey, weight lifting, boxing (police program) Overtown _Cultural Arts Program - Ceramics, arts & crafts, after school activities, tutoring, music, grooming, Zoo, Museum of Science, Parrot Jungle, Monkey Jungle. SUMMER: *Arts & crafts, learn -to -swim, recreational swimming. *Indoor Games: i.e., Table Tennis, Carrom pool, nok hockey, chess, checkers... *Summer Games: Softball, volleyball, soccer, swimming, track & field, punt -pass -kick, pitch - hit -run, one-on-one, hot shot, table tennis, carrom pool, nok hockey, chess, checkers, scrabble. *Special Events: Playground queen contest, doll show, talent show, end of summer picnics. *Specialized Instruction: Cheerleading., arts & crafts, theater drama, tennis, basketball clinics. United Way/Boys club sports week. *Field Trips: Atlantis the Water Kingdom, Seaquarium, Castle Park, hot wheels. *State funded lunch program: *National Junior Tennis League '.1 Grand Avenue 236 Grand Avenue MINTER/SPRING Softball, adult -basketball, Rap program: crafts, music, theater drama, tutoring. SUMMER: *Arts & crafts, learn -to -swim, recreational swimming. f *Indoor Games: i.e., Table Tennis, Carrom pool, nok hockey, chess, checkers... 1 *Summer Games: Softball, volleyball, soccer, swimming, track & field, punt -pass -kick, pitch - hit -run, one-on-one, hot shot, table tennis, carrom pool, nok hockey, chess, checkers, scrabble. *Special Events: Playground queen contest, doll show, talent show, end of summer picnics. *Specialized Instruction: Cheerleading., arts & crafts, theater drama, tennis, basketball clinics. United Way/Boys club sports week. *Field Trips: Atlantis the Water Kingdom, Seaquarium, Castle Park, hot wheels. *State funded lunch program: *National Junior Tennis League 8 - 72.1 Hadley 1300 N.W. 50 Street WINTER/SPRING Basketball, ceramics, arts & crafts, tennis team. Indoor games: Table tennis, carrom pool, nok hockey, boxing program. SUMMER *Arts & crafts, learn -to -swim, recreational swimming. *Indoor Games: i.e., Table Tennis, Carrom pool, nok hockey, chess, checkers... *Summer Games: Softball, volleyball, soccer, swimming, track & field, punt -pass -kick, pitch - hit -run, one-on-one, hot shot, table tennis, carrom pool, nok hockey, chess, checkers, scrabble. *Special Events: Playground queen contest, doll show, talent show, end of summer picnics. *Specialized Instruction: Cheerleading., arts & crafts, theater drama, tennis, basketball clinics. United Way/Boys club sports week. *Field Trips: Atlantis the Water Kingdom, Seaquarium, Castle Park, hot wheels. *State funded lunch program: *National Junior Tennis League 99- 457 0 Moore Park 765 N.W. 36th Street WINTER/SPRING Basketball, softball co-ed, tennis, adult aerobatics. Indoor games: Table tennis, carrom pool, nok hockey, chess, checkers, board games, arts & crafts. Special Events: Easter egg hunt,.Martin Luther King parade. SUMMER: *Arts & crafts, learn -to -swim, recreational swimming. *Indoor Games: i.e., Table Tennis, Carrom pool, nok hockey, chess, checkers... *Summer Games: Softball, volleyball, soccer, swimming, track & field, punt -pass -kick, pitch - hit -run, one-on-one, hot shot, table tennis, carrom pool, nok hockey, chess, checkers, scrabble. *Special Events: Playground queen contest, doll show, talent show, end of summer picnics. *Specialized Instruction: Cheerleading., arts & crafts, theater drama, tennis, basketball clinics. United Way/Boys club sports week. *Field Trips: Atlantis the Water Kingdom, Seaguarium, Castle Park, hot wheels. *State funded lunch program: *National Junior Tennis League 9-5;_j 2 • 4 Reeves 600 N.W. 10th Street WINTER/SPRING: Basketball - tennis - ceramics and arts & crafts Indoor Games: Table tennis, carrom pool, nok hockey, volleyball. Special Events: Easter egg hunt, Martin Luther King parade. SUMMER: *Arts & crafts, learn -to -swim, recreational swimming. *Indoor Games: i.e., Table Tennis, Carrom pool, nok hockey, chess, checkers... *Summer Games: Softball, volleyball, soccer, swimming, track & field, punt -pass -kick, pitch - hit -run, one-on-one, hot shot, table tennis, carrom pool, nok hockey, chess, checkers, scrabble. *Special Events: Playground queen contest, doll show, talent show, end of summer picnics. *Specialized Instruction: Cheerleading., arts & crafts, theater drama, tennis, basketball clinics. United Way/Boys club sports week. *Field Trips: Atlantis the Water Kingdom, Seaquarium, Castle Park, hot wheels. *State funded lunch program: *National Junior Tennis League NO Belafonte Tacolcy 6161 N.W. 9th Avenue This is a year round recreation and sports development program for youth operated by the Selafonte Tacolcy Center, which received $91,000 of City of Miami funds this fiscal year. LA U Virrick 3580 Day Avenue WINTER/SPRING: Senior programs: Ceramics, upholstery, social clubs and meetings. Youth - Basketball, tennis - traditional table games. SUMMER: *Arts & crafts, learn -to -swim, recreational swimming. *Indoor Games: i.e., Table Tennis, Carrom pool, nok hockey, chess, checkers... *Summer Games: Softball, volleyball, soccer, ®` swimming, track & field, punt -pass -kick, pitch - hit -run, one-on-one, hot shot, table tennis, 14 carrom pool, nok hockey, chess, checkers, scrabble. *Special Eventtst: Playground queen contest, doll show, talent show, end of summer picnics. *Specialized Instruction: Cheerleading., arts & crafts, theater drama, tennis, basketball clinics. United Way/Boys club sports week. *Field Trips: Atlantis the Water Kingdom, Seaquarium, Castle Park, hot wheels. *State funded lunch nroQram: *National Junior Tennis League •0 Aw Williams 1717 N.W. 5th Avenue WINTER/SPRING: -` Basketball, track & field, tennis, arts & crafts, -s• special field days. Indoor games: Table tennis, carrom pool, nok -' hockey. - i Special Events: Easter egg hunt, Martin Luther King -j parade. SUMMER: *Arts & crafts, learn -to -swim, recreational swimming *Indoor Games: i.e., Table Tennis, Carrom pool, nok hockey, chess, checkers... *Summer Games: Softball, volleyball, soccer, swimming, track & field, punt -pass -kick, pitch - hit -run, one-on-one, hot shot, table tennis, carrom pool, nok hockey, chess, checkers, scrabble. *Special Events: Playground queen contest, doll show, talent show, end of summer picnics. *Specialized Instruction: Cheerleading., arts & crafts, theater drama, tennis, basketball clinics. United Way/Boys club sports week. *Field Trips: Atlantis the Water Kingdom, Seaquarium, Castle Park, hot wheels. *State funded lunch program: *National Junior Tennis League INVESTIGATIVE REPORT Fire Station #7 Altercation Leo Garcia and Albert Ratel,ky November 18, 1988 Jo+-� anos, qre M 1.ber, Affirmative Action Advisory Board UraUr rTown, Ph.D. Member, E cutive Board Dade County Community Relations Board queTyn Howe ssistant to the Personnel Director Metropolitan Dade County April 8, 1909 t 6 a[t= TABLE OF CONTENTS i' PAGE j' Executive Summary ......................................... 1 !; Background ................................................ 4 Methodology ............................................... 5 An a 1 y s i s . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . 7 1`+ Incident A. Discussion on Lay Off of Publix Employee .. 7 Incident B. An Incident Involving Leo Garcia's Rill reaction to a discussion between Albert Patelsky and Tom Morgan ..................................... 8 i Incident C.'Altercation between Garcia and Patelsky ... 9 9 Findings and Recommendations 11 Panel Findings Regarding the Incident 11 Panel Recommendations Regarding the Incident........... 12 Panel Findings Regarding Contributory Factors ......... 13 Panel Recommendations Regarding Contributory Factors .. 14 General Observations ...................................... 15 *4 9-57 .1 EXECUTIVE SUMMARY Pursuant to a directive by the City Manager, Cesar H. Odio, a three -member independent Panel comprised of Jacquelyn Rowe, Dradford E. Drown, and Jose A. Dolanos was created to investigate a physical altercation between Fire Fighters Leo Garcia and Albert Patelsky on November 10, 1900 at Fire Station V . The Panel. during its investigation, reviewed documentation as it related to the incident. In addition, several inverviews were conducted, including that of Leo Garcia. It should be noted, however, that Albert Patelsky declined to participate in said investigation at the behest of the International Association of Fire Fighters local 587. The attached report outlines the investigative Itethodology, Analysis, Findings and Recommendations. A General Information section concerning other issues deemed as significant contributing factors was also included. A summary of the Panel's investigative report is as follows. w Findings: ' The immediate altercation between Fire Fighters Garcia and Patelsky could have been avoided, and the issues related to the harassment of Garcia did not justify the use of physical force. The general atmosphere of Station 17 confirmed the "Peer Punitive Culture" as described by the National Investigative Panel Report. - The Fire Department failed to provided Fire Fighter Garcia with a work environment free from harassment. 1 The Fire Department has permitted the use of profane language, and the playing of "pranks". There is also a lack of a separate complaint procedure for allegations of discrimination; a lack of policy on temporary shift assignments; and a failure of supervisors to take control of an incident at the outset of unprofessional behavior. All of these contribute to an environment which fosters disharmony and discord. The intolerance of differences among personnel during their Interpersonal interaction appears to result in disparate treatment of groups and individuals, particularly minority group members. Recommendations: - Some disciplinary action is warranted against Fire Fighter Garcia. iiowever, consideration must be given to (1 the failure of the City of Miami to provide a work environment conducive to building a multi -ethnic, multi -cultural Fire Department, and (2) the type of disciplinary. action given - other Fire Fighters involved in what the Panel. considered more severe incidents of misconduct. - The Fire Chief should move aggressively to standardize procedures so that the "36 different departments" can become a unified whole. - The recommendations of the National Investigative Panel Report of October 31, 1987 should be implemented vigorously. The implementations of the above -referenced recommendations should be monitored and evaluated by the City Manager and be made a critical element'in the performance review of the Fire Chief. Z 01 The Fire Department should be "placed on notice" that Title Y11 obligates an employer to maintain a working atmosphere free of intimidation based on race, color, sex, religion, national origin or physical/mental handicap. General Observations: - Tile Panel believes that the boundaries between the appropriate role of the union and that of the Department's management has too frequently been blurred. The result Is conflicts of interest in developing and implementing what should be appropriate management philosophies and a fostering of a feudal system of promotion and management. The environment and peer culture which presently exists is reminiscent of a boys high school locker room, and the type of language used is male -oriented offensive humor. There appears to be a lack of uniformity in the magnitude and nature of discipline exacted for similar misconduct, and no uniform guidelines exist describing the range of discipline that could be administered for specified categories of misconduct. - luny methods and forms for evaluating a Fire Fighter's performance and supervising such person's progress are impermissibly subjective, a situation which allows an inordinate amount of individual discretion and can easily mask discrimination. N 3 MI 89-5. 71. Aft BACKGROUND On Saturday. November 19, 1990, City of Miami police were dispatched to Fire Station 17, 314 Beacom Blvd., in response to a fight between fire fighters Leo Garcia and Albert patelsky. It was alleged that patelsky was knocked unconscious by Leo Garcia and was treated by Rescue personnel assigned to the station. In response to the altercation at Fire Station 17, the City of Miami Fire Department initiated an investigation conducted by Carlos Gimenez of the Management Services Division. This event was one of many cited as an example involving racial tension within the Fire Department. The sensitivity of these allegations was the catalyst for City Manager Cesar Odio to appoint on November 22, 1908, a three member independent panel to investigate all allegations related to the incident. Appointed to the panel were Jose A. Dolanos, Attorney and member of the City of Miami Affirmative Action Advisory Board; Bradford E. Drown, Member of Dade County Community Relations Board; and Jacquelyn Rowe, Assistant to the personnel Director of Hetro Dade County. 4 METiiODOLOGY The Panel initiated an investigation by requesting pertinent documentation relative to the incident. In an effort to obtain both party's accounts of the altercation, questionnaires and information requests were sent to both participants 'by certified mail. The Panel received from Leo Garcia the completed questionnaire on 12/13/08 as well as additional information including his overall summary of the November 19th incident and what he considered other relevant data. Albert Patetsky responded in writing that he "declined participation" in the Investigation. The Panel received on 1/4/89 from Chief C. It. Duke, as requested, personnel files of Leo Garcia and Albert Patetsky maintained at the central administration office and station levels; the name, rank and ethnicity/sex of all personnel on Shifts D and C at Station 07; a copy of correspondence between the Fire Department and Commissioner Miller Dawkins; and copies of the statements of twenty-two (22) fire employees given to the Management Services Division during the Fire Department's investigation of the incident. Leo Garcia met with the Panel on 1/23/89 as requested and provided additional documentation. Albert Patetsky again declined to meet with the Panel. The Panel members toured Fire Station 17 on 2/2/89 at which time they met with Chief Floyd Jordan and Fire Department investigator Carlos Gimenez. While on duty, Lt. F. Nelson declined discussion with Panel members. On 2/5/89 the Panel met with Fire Chief C. Ii. Duke who provided admininstrative updates. 5 Ei A on 2/20/09 fire fighter Jose Estevanell had a telephone conversation with Panel member Bradford Brown who interviewed Mr. Estevanell as requested by the Panel. During the course of the investigation, a number of correspondence came to the attention of the Panel, including but not limited to: Anonymous letter to City Manager Cesar Odio signed "Hispanic Firefighters." Letter from Don Teems, President, Firefighters Local 507, to the City fianager dated November 20, 1908. City of Miami Police report covering the November 19th Incident. Rescue Report dated 11/19/00. Memo from Ron McCray to Chief C.11. Duke dated 4/1/87 regarding Station Incident. Correspondences on disciplinary action in other incidents involving physical threats and confrontations by City of Miami firefighters. For example, several Interoffice memoranda describing a May 16, 1987 incident "involving firefighter James Ward's physical altercatlon with a civilian. Final recommendations of Fire Department Personnel to Chief C.11. Duke. Letter from Joseph 11. Kaplan, Attorney, to City Manager Cesar Odio dated 11/28/86. z 5 ANALYSIS it is the opinion of this Panel that three (3) incidents, occurring within the 24 hour period immediately preceding the Garcia/Patelsky confrontation, contributed to the altercation. The following is a brief synopsis of these Incidents by Station 17 administrative personnel and the individuals involved, as stated in transcripts provided by the Fire Department, of the Interviews taken by Fire Department Investigator Carlos Gimenez In the several days following the incident. Incident A: Discussion on Lay Off of Publix Employee Chief George Litwin stated that on the morning of November 10, 1900, approximately twelve (12) Fire Department employees were convened for the morning meeting when a discussion ensued between himself and Leo Garcia concerning the Hispanic employee of Publix Supermarket who was suspended reportedly because he spoke in Spanish to a fellow employee. Chief Litwin stated that Leo Garcia responded "totally .different than lie usually does...," "quick...harsh and strong."' "A little out of character." "When he's here, which isn't very often, he usually doesn't talk too much. You know he's kind of by himself really. He brownbags and I don't think he gets in any shit. lie's just here. iie's not very welcome really. 'that's what I would say..." "tie just got him. 1 don't know It was probably a couple of years ago and we didn't ask for him. I didn't want him because its possible we could have problems with him..." "He may have had arguments but a lot of people have arguments." In testimony on November 21, 1908, Lieutenant Luis Duthil stated that on November lath he was sitting next to firefighter Garcia when someone at the table brought up the subject of the recently terminated cashier at Publix. Lt. Duthil stated othat Chief Litwin mentioned that in titre; paper the cashier's supervisor W stated that he didn't fire this cashier for speaking Spanish but rather for something to do with treatment of the public. Lt. Duthil stated that as soon as Chief Litwin said this, firefighter Garcia snapped at the Chief and said, "I read the reprimand and I know the cashier was (fired) for speaking Spanish." Lt. Duthil stated that Chief Litwin again said, "I was just saying that the guy in the paper said that he had been fired..." and Leo Garcia repeated, "but I read the reprimand... the cashier was fired for speaking Spanish on the job..." Lt. Duthil stated that he believes that Garcia "was just upset about the whole situation and about somebody trying to downplay the thing about the Spanish language." Lt. Duthil stated that after Garcia made his remark "they kind of changed the subject and talked about anything else." Lt. Duthil stated that Garcia "seemed pretty irritable." That morning he (Duthil) was joking about Garcia's weight and about Garcia's going on a diet and that Garcia didn't take it as a joke, "he (Garcia) was very quick to stop the joking." Incident D: An incident involving Leo Garcia's reaction to a discussion between Albert Patelsky and Tom Morgan. Albert Patelsky stated that on the evening of November 18th he and Tom Morgan were "kidding around." Patelsky stated he asked, "What's the matter you have been anti -social today and you haven't been talking to anybody?" wherein Morgan responded that he was in the TV room with the engine crew and said, "Why didn't you come in there with me?" Patelsky responded "cause I didn't want to be in there with those assholes." Patelsky further stated that he was reading on his bunk when firefighter Garcia came 'in "shot me a bird and said 'fuck you I heard what you said'." Patelsky stated that he went downstairs and reported the incident to both Capt. Degler and Lt. Harrison. Patelsky stated that one of the Officers asked, "Do you want us to do anything about it?" to which Patelsky responded, "No, I'll just drop it and stay away from him..."' �{ I Leo Garcia stated that on the evening of November 19th he was in his dorm and heard Patelsky refer to him as "that fucking (something else that was garbled)." Garcia stated that he asked Patelsky not to refer to him in that manner. Garcia stated that Patelsky blew up at him and they "exchanged some words". Garcia went back to his dorm to finish reading and Patelsky stormed out of the door, slamming it. Incident C : Altercation between Garcia and Patelsky Garcia stated that he went downstairs and saw Patelsky, Morgan, Reh►n and Capt. Degl er sitting at the table listening to Patelsky relaying the incident of the night before. He stated that they were laughing about it and "talking degrading about me." Ile stated that Patelsky and Capt. Degler were imitating him in a degrading manner. Garcia stated that he made chicken sounds at them. Garcia stated that he is continuously taking personal abuse in the Fire Department and that is told he has to learn to put up with it because "that's the way things are." Ile stated that he has talked to officers about it and he thinks 'that they pretty much let things slide, they don't really care. Garcia stated that when he made the chicken sounds, Patelsky jumped up out of his chair and started cursing at him, nose to nose. They started arguing back and forth and someone from the C Shift grabbed his arm and said to him, "get the fuck out of here," but said nothing to Patelsky. Patelsky continued to verbally abuse Garcia right in his face mentioning his family and, although he does not recall it all clearly, he believes it was at this point that he struck Patelsky. Garcia mentioned that he felt threatened, that there were 10 to 12 people in the 'room all hostile towards him and grabbing him, and that he felt it was the only thing that he could do. Garcia stated that all this happened In front of 'bfficers - Patelsky making fun of him, verbally abusing him, charging at 01 him, but no one did anything to stop him. Ile stated that he found himself in a room where everyone was jumping and yelling at him, including the officers. No one was supporting him, he felt defenseless. Regarding the some incident Patelsky testified that he was sitting at the dining room table with Captain GegVer and Jim Rehm. fie stated that out of the blue Leo Garcia came up to him and started making chicken noises. Ile stated that he told Garcia to "get away from me." Ile stated that Garcia kept it up, did It more and more. Ile stated that he stood up and told Garcia to get away from him. Ile stated that he does not remember who said, "alright, cut the crap." Ile stated he and Garcia were having a shouting match back and forth, namecalling, but does not remember what were the names. Patelsky stated that Garcia said, "let's go outside and I'll beat you up," or something to that effect. Patelsky stated that they got towards the door, Garcia inviting him outside, then Patelsky stopped and Garcia reached toward him and tore his pocket. After this, Patelsky stated that he turned away and went back inside. Garcia apparently followed him and at this point, Garcia was in a shouting match with Lt. Nei son, who was saying, "alright that's enough." Patelsky does not remember anyone restraining him or Garcia. lie stated that*he was standing there watching Garcia and Lt.' Nelson in their confrontation. Patelsky stated that he does not recall how, but he knows he was hit. Ile stated that he did not raise his hand to Garcia in a threatening manner or make any reference to his family. Patelsky did state that he cursed at Garcia. 10 FINDINGS AND RECOMMENDATIONS Panel Findings Regg the Incident 1. The immediate physical altercation between Firefighter Garcia and Firefighter Patelsky could have been avoided by Firefighter Garcia remaining separated from Firefigher Patelsky. 2. Though there were immediate issues related to ethnic harassment (i.e. discussion of "English Only" rules, remarks by Patelsky relative to persons in the TV room and the mocking of Firefigher Garcia at breakfast), it is the opinion of the Panel that these did not justify physical force. 3. The general- atmosphere of Station #7, as clearly documented in the transcripts, can be aptly described in the term used by the National Investigative Panel Report of October 31, 1907 as a "Peer Punitive Culture," despite over a year of lapsed time since the report was received. 4. The City of Miami Fire Department has failed to provide Firefighter Garcia with a work environment free from harassment. In Firefighter Garcia's case, harassment because of his ethnicity is exacerbated by his vocal advocacy for Black and hispanic firefighters. Under equal opportunity laws and regulations$ protection against reprisals is considered as important as protection against discrimination Itself. 5. A number of examples of disciplinary actions were reviewed by I the Panel. These disciplinary cases included punishments for failure to obey direct orders of officers, for physical altercations and in some cases both. The Panel found upon 11 ANN examining these that the penalties exacted were generally minor, typically being a 24-hour suspension. In reviewing these cases, the written record did not document exceptional extenuating circumstances being cited to justify the minor degree of discipline. Panel Recommendations Regarding the Incident 1. While some disciplinary action is warranted against Firefighter Garcia, any action taken should consider (i) the failure of the City of Miaml to provide a work environment conducive to building a multi -ethnic, multi -cultural Fire Department reflective of Miami's population and offering all truly equal opportunity, and (ii) the type of disciplinary action given other firefighters involved in what this Panel considers more severe incidents of misconduct (i.e. Firefighter James Ward was. suspended for 48 hours, transferred out of the Rescue Division and referred to counseling with a stress expert for striking a civilian in the face under circumstances which the Panel. believes constitute a gross breach of discipline and an appalling lack of judgement.) 2. The Fire Chief should move more aggressively to standardize procedures so that the "36 different departments" can become a unified whole. Firm disciplinary actions as befits a quasi -military organization should be used with regard to language, verbal jousting, etc. to move from an unprofessional to a professional Mork environment. 3. Given the examples reviewed by the Panel where the Department has disciplined other, officers for failure to obey direct orders and for altercations with very minimal suspensions, ir this history should be taken into consideration when determining the appropriate discipline in this case. This is particularly true when it is recognized that the financial hardships from the shift in time schedule that has occurred following the Garcia/Patelsky incident has had greater financial Impact than the very limited suspensions given in other cases. Panel Findings Regarding Contributory Factors 1. Environmental Factors The panel is gravely concerned, not only of the isolated Incidents themselves, but of what we consider to be related environmental factors which we believe aggravated this and other human relations situations at the Fire Department. Such factors as permitting profane language and the playing of "pranks", lack of policy on such daily occurrences as temporary shift reassignments, lack of a separate complaint procedure for allegations of discrimination and the failure of supervisors to take control of an incident at the outset of unprofessional behavior, all contribute to an environment which fosters disharmony and discord. The language and tone quoted in reports of these and previous incidents indicate an environment which is often hostile and out of control. The Panel finds itself in: agreement with the findings of the National Investigative Panel whereby the Panel found, "A peer punitive culture" (Exhibit 15, page i ). 2. Allegations of Racism With regard to the allegations of racism, it is the Panel's finding that the culture fostered by the Administration's failure to set specific uniform standards describing the type of conduct which is permitted and that which is prescribed by a LE 13 Department personnel during their personal interaction while on duty, results in an intolerance of differences from the institutional trend or perspective which appears to be typically white male traditional. This tolerance appears to result in disparate treatment of groups and individuals. The Panel is aware of disciplinary Incidents of equal magnitude in which minority group members were punished more severely than non -minorities (Exhibit 15 and 16). Concern exists that the administration hesitates to take action which may be contradictory to Union opinion. Panel Recommendations Regarding Contributing Factors 1. The recommendations of the National Investigative Panel Report of,October 31, 1987 should be implemented vigorously. 2. The implementations of the above -referenced recommendations should be monitored and evaluated by the City Manager and be made a critical element in the performance review of the Fire Chief. d 14 d GENERAL OBSERVATIONS = In the course of conducting its investigation, the Panel identified other issues which its members believe must be noted: 1. While the Panel recognizes the Union's importance and role in the collective bargaining process and in the relationship between the firefighters and the Fire Department, the Panel also believes that the boundaries between the appropriate role of the Union and that of the Department's management has too frequently been blurred. The result is conflicts of interest in developing and implementing what should be appropriate management philosophies and a fostering of a feudal system of promotion and management. This system has enforced and entrenched the culture criticized in the National Investigative Panel's report. v 2. The environment and peer culture which presently exists at the fire station level is reminescent of a boys high school locker room and will make the effective integration"of wome6 as firefighters impossible. A specific example of these problems is the type of language used in everyday communication between on -duty firefighters and the propensity towards male -oriented offensive humor which tends to degrade women. Permitting this atmosphere to continue will foster an attitude that such conduct is permitted and will make such conduct more difficult'to restrain when a female firefighter is sought to be integroted as an active member of a station. 3. There appears to be a' lack of uniformity in the magnitude and nature of discipline exacted for similar misconduct. To the knowledge of the Panel, no uniform guidelines exist which describe the range of- discipline which can be administered . o 15 � - 0. 1. for specified categories of misconduct. While this Panel recognizes that any system of discipline requires a consideration of subjective factors which are peculiar to the particular incident and its participants, it also believes that the total absence of boundaries or categories easily leads to unbridled subjective punishment and can easily serve as a mask for impermissible discrimination' in the administration of disciplinary sanctions to individual transgressors. 4. The personnel files furnished by the Department to the Panel were severely disorganized and apparently incomplete. Additionally, many of the methods and forms used for evaluating a firefighter's performance and supervising such person's progress through the Department implement procedures which are, in the Panel's opinion, impermissibly subjective, a situation which allows an inordinate amount of Individual discretion and can easily mask impermissible discrimination. LE 89-572-1 U, cITY or ► IAMI, rlaC R113A INT£n-OFFICE MEMORANDUM TO, Chief C.ii. Duke Depar ent of Fire, Rescue a inspection Services TROM, Cesar 11. Odio City.Manager VATEi May 23, 1909 r►LEe Findings and Recommendations Investigative Report nE/ERENCEet Garcia/Patelsky E3+cLosunEai On May 9, 1909, an exit interview;was held with the Independent Panel charged with investigating the Garcia/Patelsky incident at Station 17. As a result of that meeting, I have received the findings and recommendations of the Panel and I am directing you to follow through on implementation., The purpose of this memo is to emphasize key aspects of the report which are of particular concern to me. The Panel concluded that there was a lack of uniformity in discipline administered .for similar misconduct. The Panel underscored the urgent need for uniform guidelines which describe the range of discipline to be administered for specified categories of misconduct. This finding concurs with the conclusion of the 1907 ;, National Investigative Panel and my correspondence to you on April 26, 1989 concerning. Disparate Treatment/Discipline. They suggested reviewing the. sentencing guidelines as an example. A multi -ethnic, internal committee of "forward -thinking" individuals should be appointed to discuss issues in the Fire Department and make recommendations to the Chief. This body could serve as a sounding Board for employee grievances. This group should also be convened to inspect each station for the presence of ethnic/sex -biased literature, etc. and for the posting of the Affirmative Action Policy Statement and "EEO is the Law" Poster. To establish the climate, goals, objectives, and behavior ' expected at each station,' a meeting of all supervisors from the 4 Chief to Lieutenants level should be convened personally by the Chief. This would be the occasion to put to rest the idea of "36 different departments" and establish a uniform code of conduct. Emphasis should be placed upon management's responsibility to carry out City policy, protection of civil rights and monitoring of subordinates to ensure compliance. As a follow-up to this meeting, training should be offered to all supervisory and management personnel in Fostering a Professional Attitude. I aias dismayed at the description of station behavior, liberal use of profanity and erosion of respect evident at the stations. l f• 0 Chief C.11. Duke May 23, 1909 Page Z Pay particular attention to Page 15, General Observations, regarding the relationship between the International Association of Fire Fighters (IAFF),! Local 507 and management of 'the Department. The Panel's impression .was that the role of Union and management has too frequently been blurred and is a barrier to changing this entrenched, culture. : i suggest you seek a legal opinion to clarify the limits of the Union's involvement in management decision -making., The Panel also found that' the .personnel files provided were disorganized and incomplete. Further, many of the evaluative Instruments such as the annecdotal record were subjective, allowing for too much discretion. To assist you in implementing the recommendations I have approved the hiring of a civilian EfO;Specialist. The Department of Personnel, Management will work out the budget and administrative details of this position. I expect a written response within 30 days outlining the Department's efforts to implement these recommendations. Please include with your response copies of the Department's policies on Swing Shift Assignments and Addressing an Officer. St � ' � 0 q, tt11 11f �11taIII C$SAR H. CD10 CITY MANAGER May 23, 1989 Rev. Nathaniel Graham, Chairman Committee to End Discrimination P.U.L.S.E, 180 N.E. 19th Street Miami, FL 33132 Dear Rev. Graham: P. 0. Sox 330708 M1AM1. rLDRIDA 33r33-070e 305-570-0040 in response to your letter dated April 28th, 1989, please be advised ,that upon receipt of the Investigative Report on the !lousing. Agency in February 9, 1989, I took immediate action to resolve the issues reflected in the report. First of all, two individuals cited in the report as violating City personnel policies resigned and are no longer employees of the City. Your perception of unnecessary delay was intended by me to assure that due process was afforded these employees as well. In regards to the relief given to Ms. Wilma Wilcox and Ms. Johnnie Barber, the findings in the Investigative Report have been appropriately addressed. 'Ms. Wilcox has been offered the position of Account Clerk in the Housing Agency retroactive to when the position became available, April 19, 1989. Ms. Barber's allegation of retaliatory treatment has been resolved. At no time was the complaint filed by Ms. Barber of a promotional nature nor was any retroactive pay ever considered. The Housing Agency is in the process .of reorganization. Further, the Office of Industrial Engineering is conducting an organizational efficiency and productivity study of the Housing Agency's Conservation Division. When these reports are'completed specific job responsibilities for the grievants will be defined. In regards to your concern about departments adhering to established personnel procedures, I have instructed Mr. Herbert Bailey, Assistant City Manager, to censure that all procedures relating to hiring and promotions be in full compliance with A4'M' 4-83, Interviewing Procedures, withou't exception. I have further' instructed that 'all other departments, adhere to these policies. P.U.I.S.E. May 23, 1989 Page 2 I remain committed to reviewing City policy concerning the treatment of probationary police officers. I expect a recommendation in the near future. A determination as to the appeal rights of Officers Williams and Branton will be determined at that time. You were advised at the meeting of April 26, 1989 of my plans to correspond with the Fire Department in reference to allegations of disparate treatment/discipline and harassment of minorities and women. Those memorandums are enclosed for your information. I hope this letter clarifies my position on these matters. Sincer , Cesar ii. Odio City Manager Enclosures El CITY nr MIAMI, r-t-onIDA INTEn-ot'f cE MCMORANDUM to C . 11. 0»kv Chief of Piro ►}eartr F.nt of Ftre, Ilevelle and limpe non o0orvicen Comir It. 0dio C 1 ty Manage r "ATE May 5, 1969 ru.,:, Ifty"Arr: Disparate Treatment/ Dtoo I.pltn0 R,,rr:rrcrrCcs, i.NCC0SU"F..6, Plenne be ndvtood that I am extremely concerned about eomplaxintn or di.oparaLe trontmenL of mtnori ty employeeo occurring within Lila Department of Fire, Ileacuo and. Inspection Servioee. Several omimpleu of tiucll uomplatnLn have come to my attention in recent weeIm, immel.,y t1io nituationu i.nvolvinj; Carciaf Patelelty, Ronald MoUray, Kibbte Brown, and Porter Thompkins. The NnLi.onRl lnventi.gattvo Panel's report eonclnded "some in- erluttuble treatment han been sanctioned intentionally or uninton- tionally by the 11epartmenL." They also deterinlnod that "advereu aetionn have dinproporttatintely impacted Blacks and 11tapanice. Theno ncLimm t.nchtdo rielectivo dtsctpltne Ouch ne write-upo and bringing; of chargon on minor acW.onn." Although the llati.onal inveutigati.vo Panel irisued itu report in October 1907, conditionu that urunto it uubr3t1lT1LV.u1 improaulon, of diucr.iminaLiorr in tho DeparLment still exisL. Thio delay in renolvtng the, perception of inequitable treatment for certain grou4u3 of employees is unacceptable. Within 30 dayu of roceipL of this memorandum, you are requested to provide me with it comprehensive written policy and implementation plan re- garding discIplUnry procedures. These procedures should include uniform guidelines delineating the range of discipline to be ad- miniuterod for npocifte cateeortoe of misconduct. Additionally, : wrttten procoduroa for the admintatrativo hearing ultould be eotubltahed which will provide consistent treatment for all employees. CC: *mv nociorrrhle Mayor nud Ilemhers n E the City t:olnI0j9sjOn 89- 52 ° 1 0 C;11 Y OF MIAMI. FLO111DA trainn-or-r-icr MEMOnANDUM To C . 11. lhtko uRtFt May j, 1969 rot e, Miter of, V1.1-tt Dnprtrttgr)nL or ri re, iteficue aria winjr.cr, 11nranmment of Minori Lien trrir!)ri ��1on rt•i(:on and Women Prohibited Practice rfit) III Cn:i. i Ii. 1):1 i p ncrenr.ricss t;,i Ly Muunt;ni. j r.ricr.nsrmt:t; Thin tri a+. follow --up to lour nleoting of April 26, 1909, regarding nompl a i n to of d i npara Ltr traitUricitt and - haitrasnmen l; of minor l t i on tit tho 11011out? and lntlpoetion Oervi.cos Department. I am again pl.ucirtg the Department on notice that haraeament and inttaal.tlation of lnirioritten and women will not be tolerated by thin administra- Li.on. All racinll.y motivated hairnnament, epithets, threats, verbal ttbtkon, durniritLory coinitiontn, or any acts that contribute to or create it itr)tiLilu working environment .must be eliminated immodt-- ately. Taunting that provokes tin employee into all action that will Subject; hiin/her to dineiplino to also a form of harassment that millit nLop now. r I am atwitro that the ViTe Dopartmenthas issued an Affirmative Action Policy :3tutemont. however, the mere announcement of a policy E)tutemont is not uufficient. You mitst take affirmative otepo to eiraurc that the policy to observed at all levels and runkii. 1 >upr.ry tnory prrnonnel are ' oxpected ., to conduct themselvori i it aaCoord"ll ;o wi.Lti these policies and monitor the conduct of eubor- dtnuLeii to enijure eompltance. You meat impress upon supervisors tiie need to take ftrm action in any and every case of harassment. lit fact, evaluations of managers should include ti►e ability to manaign in a multi -cultural environment and to discharge Lqual Employment Opportunity (HEO) .reoponotbUttieu. I expect you to be alert to aauch problems and aict quickly and decisively to discipline the offenders. A clitnate roust be created in which tiio rank and file underntatnd that we mean hust.iaetin and intend to enforce these polictea. Anything lese to unacceptable. I dun i•cctuettLiial, tIML you advi.oc3 me of the nl)ecifte Actions you have taken to :lmplemont Ltitn directive within 30 days. cc: The 11onornble tlnyor and, ticlnlrer- of tiie Clt:y Con►uiitisioa MC1141tt ORGANIZATIONS MONICA" RI AM CDMUVMTV C7NT11 AMTHIC'N aN CtHIVCH OF 11NIRT T COT APM0OI 60 0"01 aT NROW"FVRAA IDNU NAITgT gal QIRt1TTAN t'1t 1 ATl11Rf !RI CMul OMItttAN IRI L A KS 4RAIO1 COACII Of TTM OPRM DDOR, "M 15AM11ND M1 OvWt" RRw411m tPHIM 1"Ja 11TOR1RO1 rNt1ODTAL [lNIIO, 04 TNAMM"AWIN P1AA WAARNT tl1 A. 0RAC7 MNMIAIAN CRINOI OWN UW1D MITNOOIfr CRAM HAITIAN 0k1O. ORIATVA ROM MR MUNCH OR1AT" NRr RNTIHIL M CLACK aMATnR Mr 1m1A11W be CLINCH MUM FT. IAMY MR CNAO1 KMTUH RNM0110114M ""WILL 10 O0,11O1 "awsmINNr aNMCl0/ 00D . W1DAN 010VTI M1 CNAO1 SKLVI OtAM 09= MrnimsT aLINO1 LOUTT QTT CRSCI D, D0D MAOIDDNIA nur 1AMIT OIUIOI MART11 MMRIAL AMR 011JNO1 MA1AD ALAMAN AMRNICAN MUIUW Mr. OUV1 M1 ON1C1 WT. M"AM VWT10 KIMIMIT CRl111O1 10111 MT. MOLI Alt M1 Meal /11N1 ►NDVIDUIO SIR C I AM M V N111.g11O CRAOI "MMTHIRD RTRRIT O»INWTV MN CLINCH "IVW DAwoTWT1 CATItOUC CAINOt fRACRIM2 ON 60 CLAM IRAAtM RDtt be CNACI ,LIIRTINI MORANAT1111 uyMw1DN acoeo NAmtt oa1NOI a MO0IDIO INNOWS IT. MAN0111:4v111A G►nIWCCNAOI 6T.11"M AMS OIURCI ?I.IAMu RATIiTT OIUNOI Dr C)CO"M 0"%S Si. LUU MI CII.IW I 1t• MALL W CLN1O1 &T.r AMM A MA. 00,I1O1 INUTU01A1148 0LM01 "UrVINl M1 oluum TAIIDN Cwttull0NAO1 VLLItT DAOVR MI ONAOI LION IINL IO ONAOI ., 0 People United To Lead The Struggle For Equality, Inc. April 28, 1989 City Manager Cesar Odio City Of Miami, City Hall 3500 Pan American Drive Miami, Florida 33133 Dear Manager Odio: This letter is a summary account of our meeting on April 27, 1989, at your office. Our understanding of what you committed to do and the time frame that you would do it in is stated below. First, Mr. Manager, the,problem in the City of Miami Housing Agency has been.going on far to long. The results of a meeting with you on February 21, 1989, at your office , we thought that by this time you would have resolved this problem. You stated in that meeting that any thing that the ,two employees wanted who had been the subject of discrimination, you would give it to them to settle this problem. We do not -believe that these employees have received any benefits- from the City and it seems to us that the City is playing games with the careers of these employees. However, We have three new commitments from you that would solve the problems not only in the Housing Agency, but in the Fire Department and the Police Department as its policy relates to rookie officers. PULSE intends to hold, you accountable to these commitments. 1) That by the end of this week (May 1-5, 1989) Ms. Wilma Wilcox would have a promotion in the Housing Agency in Administration as determined by her audit and the necessary pay increase that goes along with this position. We want the. position to be a' permanant position. Ms. Johnnie Barber will get a promotion and will be placed in a position after the reorganization in completed of the Housing Agency. Our understanding is that this will be done within 30 days. Both parties will get retroactive pay as stated in article 21, section 2 of AFSCME contract between the City and the Miami General Employees American Federation, dealing with employees working out of classification. 180 N.C. 19th Street, htlaml, Florida 33132 (3OS) 576-7590 - 95 Page 2 , City Manager Odio ' 2) That you and the police chief will review city policy relating to rookie officers probationary period and determine what kind of safeguards can be adopted to protect the rights of rookie officers. Once this policy is established, officer Darren Williams and office Branton could appeal under this new policy. This is to be completed within 30 days. 3) That a memorandum will be issued immediately to all supervisors in the Fire Department establishing a uniformed disciplinary policy throughout the fire department. If it is found that supervisors are not carrying out this new policy or if it is determined that supervisors are abusing the riyhL•s of firefighters, they will be fired. This is our understanding of our meeting with you. If you have any additional input, please do so by the end of this week (May 1-5).: If not this is what we will be expecting. ' Thank you for your attention to this matter. Sincerely,, Rev. Nathaniel Graham, Chairman Committee to End Discrimination NG/scb cc: Mayor I Commissioners Media ! i� I -j ` May 23, 1989 Mr. Bradford brown, Legal Ms. Johnnie R. McMillian, National Association for Miami -Dade Branch P.Q. Box 315 Opa Locka, FL 33054 Dear Sir and Madam: ,41 t (-� , I I i. MIAMI. FLORIDA 3"33-O7Oa 3O5-570-6O4O Redress -Chair President the Advancement of Colored People In response to your letter dated March 6, 1989, please be advised that upon receipt, of the Investigative Report on the Housing Agency .in February 9, 1989, I took immediate action to resolve the issues reflected in the report. First of all, two individuals cited in the report as violating City personnel policies resigned and are no longer employees of the City. Your perception of unnecessary delay was.intended by me to assure that due process was afforded these employees as well. In regards to the relief given to Ms. Wilma Wilcox and Ms. Johnnie Barber, the findings in the Investigative Report have been appropriately addressed. Ms. Wilcox has been offered the position of Account Clerk .in the Housing Agency retroactive to when the position became available, April 19th, 1989. Ms. Barber's allegation of retaliatory treatment has been resolved. At no time was the complaint filed by Ms. Barber of a promotional nature, nor was any retroactive pay ever considered. The Housing Agency is in the process of reorganization. Further, the ©ffice of Industrial Engineering is conducting an organizational efficiency and productivity study of the Housing Agency's Conservation Division. When these reports are completed specific job responsibilities for grievants will be defined. In regards to your concern about departments adhering to established personnel procedures, I have instructed Mr. Herbert Bailey, Assistalit City Manager, to ensure that all procedures NAACP May 23, 1909 Page 2 relating to hiring and promotions be in full compliance with APM 4-83, Interviewing Procedures, without exception. I have further instructed that all other departments adhere to these policies. I hope this letter clarifies my position on these matters. S i ncOel y, Cesar If. Odio City Manager S 99 — 5 , 2 121 - I I L2 MIAMI-[BADE BRANCH NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE P.O. Box 315 - Opa Locka, FL 33054 March 6, 1989 Branch Mcers =� Mr. Cesar N. Odio lohnntt R McAf,l/ion Ptesldcat City Manager 3500 Pan American Drive A. Kati Kemp Miami, Florida 33133 + lot Vke Pststdeat Brad BMIM Dear Mr. Odio: lad Vks President We have reviewed the analysis of the housing department of the City of RicJra i ftwQ ' Miami prepared by the Department of Internal Audit. We are shocked and kd Vke Pamtdent dismayed by the findings of this report. We have several levels of con- cerns. At the individual level we believe that the relief Aas we read in ShLdey Johnson the paper) given to t9s. Johnnie Mae Barber and Ms. Wilma Wilcox is too 4t► Vke Presidaat minimal. The cost to the city is not such as to help deter future dis- Pe � Dt>„an Pes D criminatory acts and the minimal gain relative to the risks taken to file hestdeat Stbvictims a complaint will serve to prevent other persons who believe themselves of discrimination from complaining. This is particularly true AroyDa►u because of the retaliation involved. We suggest that back pay until ap- `tbVke President propiate jobs are. available be rewarded as well as compensation for the miserable work environment that was endured because of the retaliation Dry t and reaction of management to the complaints. Janice bley, Secondly, we are concerned that the disciplinary actions taken to date AS&LSantsry are insufficient to discourage other supervisors from acting in a discrimi- natory manner. While we recognize that careers may be influenced by the Willie Bamttt actions taken, vacations with pay do not seem like much of a penalty to risk. Tmesunr C &ion Hat Thirdly, we are dismayed to see the violations of equal opportunity per- Asst.Tnasunr sonnel prooedures'such as having bi-racial/t•.ri-ethnic interview eatmdttees. Concerned outsiders such as the NAACP have been encouraged by the knowledge Executive Committee that the City.of Miami had established such policies. Obviously if they are not observed, we've been misled. If the city is sincere it must establish NtalAdwu and enforce penalties for violations. We wonder, based on this review ra- Rev Billie Baskin ther or not these provisions are being violated in other departmehts -as well Rev. Alcmda Ronk and call for a citywide personnel practices review and a written policy of Rev. Moore ury penalties for violation and for the results of this review to be made public. Betty Fopuon Doris not Rev. G. David Morton Finally, we are appalled at the general implications made in the report Rev. Flwmce Pmtt•Harl concerning inadequacies in the housing department. The work of- the Housing k dyw Roben mr" Department is critical to inproving the conditions of Black -Miamians. aunt Isley Rev. Arch wJ"kso% Jr. Jaaelah it Kirr,py Jr. Rev. Wafter Richardson Rodney 7hadon Pat Tonduo . �K I O MIAMI-DADS BRANCH NATIONAL ASSOCIATION FOR tHE ADVANCEMENT OF COLORER PEOPLE P.O. Box 315.Opa Locka, FL 33054 Branch Officers lohnnic R. McMillian hresldest la Vke Praldent Brad Brou" 2nd Vke Pm1dent Richard POWU tip { 3rd We Prmldeat SAirtcy Lohman 4tb Vke Pme i&nl Pew Demon { Stb Vke Pmsldent Amy Davis ®+ 6A Vke huldent Janice lskey ttiti Aest. SaYaM WI/Ge Barncu Treasurer C Brian Nan Aut. Tseasumr Executive Committee Nca/ Adanu Rev. Billie Baskin Ray. Akmander Bonk Rsv. frictor any Bevy Ferjuson Doris Man Revs G. David Norton Rev. Florence f`trru-Mall Mayo+ Robert Inform Billie hky Rev. ArtWJarksors, Jr. Jasr* R. KanA Jr. Rev. Wafter Akhardron Pat TangiLlo r Page 2 To have its important task so poorly handled is a disgrace and we call for a thorough review directed toward taking whatever actions are neces- sary to achieve a department capable of improving the quality of housing in Miami. The results of the review should be made public. Sincerely, Bradford E. Brown al Redress pirl l L umnie R. Mc%tilli tr P sident cc: Mayor Suarez Citv Commissioners Tan Poole, State President NAACP Earl Shinhoester, Regional. Director NAACP C2 CITY of MIAN% r101210A INTER -OFFICE MEMORANDUM ro: C- II. Duke VALE! May 5, 1989 rn.E: Chief of Fire Depart tit of Fire, Rescue and 6uh�rct: harassment of Minorities Inspe on Services and Women Prohibited Practice rno M: Ces r I. Odio hEFEhENCEfa GAty Manager / ENCIOSUlIES: This is a follow-up to our meeting of April 26, 1989, regarding complaints of disparate treatment and harassment of minorities in the titre, Rescue and Inspection Services Department. I am again placing the Department on notice that harassment and intimidation of minorities and women will not be tolerated by this administra- tion. All racially motivated harassment, epithets, threats, verbal abuse, derogatory comments, or any acts that contribute to or create a hostile working environment must be eliminated immedt- ately. Taunting that provokes an employee into an action that will subject htm/her to discipline is also a form of harassment that must stop now. I am aware that the Fire Department has issued an Affirmative Action Policy Statement. However, the mere announcement of a policy statement is not sufficient. , You must take affirmative steps to ensure that the policy is observed at all levels and ranks. Supervisory personnel are expected 'to conduct themselves in accordance with these policies and monitor the conduct of subor- dinates to ensure compliance. You must impress upon supervisors the need to take firm action in any and every case of harassment. In fact, evaluations of managers should include the ability to manage in a multi -cultural environment and to discharge Equal Employment Opportunity (EEO) responsibilities. I expect you to be alert to such problems and act quickly and decisively to discipline the offenders. A climate must be created in which the rank and file understand that we mean business and intend to enforce these 'poltcieo. Anything less to unacceptable. I am requesting that you advise me of the specific actions you have taken to implement this directive within 30 days. cc: The Honorable Mayor and Members of the City Commission CITY Or MIAM1, FLO"IVA ugTEn-oFricE MEmonANDUM 10. C . It. Duke OME; ' May 5 ► 1969 FtLF, Chief of Fire Depart nt of Fire, Rescue and ave,F*C►= Disparate Treatment/ Inspe on Services Discipline all t MOM! Cesar It. Od io hEFEhENCES: -' zi City Manager ENCLO5uhE9: Please be advised that I am extremely: concerned about complaints of disparate treatment of minority employees occurring within the Department of Fire, Rescue and Inspection Services. Several examples of such complaints have come to my attention in recent weeks, namely the situations involving Garcia/Patelsky, Ronald McCray, Kibbie Brown, and Porter Thompkins. The National Investigative Panel's report concluded "some tn- equitable treatment has been sanotioned intentionally or uninten- tionally by the Department." They also determined that "adveree actions have disproportionately impacted Blacke and Hispanics. These actions Include selective discipline such as Write-ups and bringing of charges on minor actions." Although the National Investigative Panel issued its report in October 19E37, .conditions that create a substantial impression of discrimination in the Department still exist. This delay in resolving the perception of inequitable treatment for certain groups of employees is unacceptable. Within 30 days of receipt of this memorandum, you are requested to provide one with a comprehensive written policy and implementation plan re- garding disciplinary procedures. These procedures should include uniform guidelines delineating the range of discipline to be ad- ministered for specific categories of -misconduct. Additionally,* written procedures for the administrative hearing should be established which will provide consistent treatment for all employees. cc: The Honorable Mayor and Members of the City Commission CATY Or MlAmi, ri ONDA INTER -OFFICE MEMORANDUM in rrnnR I-Iny, Mre4Aor OAI t Jutic G,1989 me orrice of Tnduntrinl Engincerine BVBJECT P.U.L.3.E. rl Lint Seph A. t7$rshrim, Director epnrtmetit. or Solid waste per y.�ur telephone orill mid o�onncqopnt3y a I'cql)c%mt Of a 113t, 0 Ovel-Kown 10 t. I f rom P. F. rAx ed on June 1989 at ripproximately 11:3o rm, the attached Is. our responne. 5P7 0 CITY or MIAMI, 1'10111DA INTFR-01:1`10E MEM011ANDUM T6 Joseph A. Ingrahan rr1Te diroctor nepartment. of Sollti Waste s�,n,eer t rrtp.,t nerener,rttt . Jose Rile Assitant im tliroctot- erlccrtsur+c5. Department of Solid waste In response to the P.tl.L.S.L. each Item IS listed below: I� _ c3 June 6, 1989 rile . P.U.L.$.L, ING CLEAN-UP I.IST Inc clean -tip list our response to OVERGROWN LOTS Ift 217 NW 16 STRE L 1 1701 NW I PLACE: 1700 NW 3 AVENUL 16 SIRF.ET NW 3 AVENUE 1507 NW 3 AVENUE: i 219 NW 15 STREET 220 NW 13 STREET - Posted (206-244 NW 13 Street) 235 NW 13 STREET - Posted (?.43-45 NW 13 Street) 137 NW 17 SIRE' 1526 NW 1 AVENUE - Posted (1422 1114 1 Ave, 115 NW 15 St, 15()0 NW 1 Ave, 1516 NW 1 Ave, 1534 NW 1 Ave and Rear 1640 NW 1 Ave 15 STREET NW 1 COURT - No overgrowth at this location however, at =_ 1695 NW 1 Ct, 1643 NW 1 Ct, 1635 NW 1 Ct, 1629 NW 1 Ct, 1619 NW 1 Ct, 1613 NW I Ct, 1612 NW 1 Ct, 1601-06 NW I Ct, 1451 N11 1 Ct 1425 NW 1 Ct and 1410 NW 1 Ct was hosted. 1 PLA(.f. NW 14 STREET - Posted (1405 NW 1 P1 and 1426 NW 1 P1 ) 1500-1.634 NW 1 PLACE - Posted (1504 NW 1 Pl, 1531 NW 1 P1, 1533 NW 1 P1, 1601 NW 1 PL, 1603 NW 1 PL, 1614 NW 1 PL, 1618 NW 1 PI., REAR 1645 NW 2 AVE arid 176 NW 17 St. 2I?.4 NW 3 AVENUE 22 STREET NW 3 AVENUE 22 TERR NW 3 COUR1 21 TERR NW 5 COURT the remalrling lots that were not posted today June 6, 1989 0)1 be posted on Jime 71 1989. [ D 1.1 rz 1 [= ARSJ 16 STREET - NO SUCII ADDRESS - Ilowevo , 236-236 1/2 MW 16 Street has serious zoning vilatlon that, w(-ls previously referred to them by Inspector Stubbs,, but has not received a response as of yet. 1800 Nod 2 AVENUE - No abandoned vehicle observed 1835 NW 2 AVENUF - Vehicle is on private property 1401 NW 2 AVENUE - NO SUCII ADDRESS �— 1835 NW 2 AVENUE - Vehicle is on private property 2018 NW 3 AVENUE - No abandoned vehicle observed (Ilud Property) 2124 NW 3 AVENUE - No abandoned vehicle observed (Ifud Property) 2.2 STREET NW 3 AVENUL - No abandoned vehicle observed 20 STREET NW 4 COURT - No abandoned vehicle observed 21 TERR. NW 5 COURT - No abaondoned vehicle observed Re: Public Law 92-424 92nd Congress-9/19/72 Public Law 95-568-11/2/78 Please be advised that I, Mary Hill, Founder and Chief Executive Director of the ACT of the above stated law deems it imperative to solicit your immediate assistance to a long history of blockades.to its implmentation. As of 1979, I requested a 4 million dollar appropriation toward Economic Opportunities :"or the Regional Office, as specified for in the law. To this date, I have received no funds; thereby being inhibited from implementing said ACT. I have encountered many referrals and numerous detours as I have viewed many "Bills and Billings" superimposed upon this Federal Act- to site a few: 1979-CETA: 1982 Job Training Partnership Act now called Private Industrial Counseling along with OIC; and 1985 Metro Miami Action Plan, et al. Please be advised that these programs are breeched upon the ACT of the above stated Law, paralleling and hampering its function. All of the CAA EFFECTIVE Programs dealing with birth to death are incorporated under this umbrella. Education and training of parents and children; rehabilitation of substance abuse; and retrain and re-enter into society after rehabilitation of substance abusers, and also prisoners, and returning veterans; are a few of the programs this Act embraces under its umbrella. The Regional I Office is located and staffed to proceed according to the Constitutional Law and guidelines of above stated ACT of 1978 and the Plan for its implementation approved in 1983. We are in need of your immediate assistance in this matter. We must halt all conflicts of interests hampering this ACT's implementation. We urgently and humbly submit this partition to enable the Economic Opportunity Act to proceed as signed into law. oSi erel Foun e ohief Executive Director Executive Director Regional Office Submitted into the public record in cc-1nnec- iion with Matty Hirai City Clerk'' 92 SPAT. 243t PUBLIC LAW 95-5G8—h'(l'V. 78 42 USC 2950, (e) Part. A of title VI of the Act, (42 U.S.C. 2941 et seq.) is imiended 2951. by redesignat ing section 610 ns sect ion 609 and sect ion 610-1 as section 610. 42 USC 2951. (f) Section 610(b) of the Act, asso redesignated by subsection (e), is amended by striking out "$6,000" and inserting* in lieu tbt roof 4t$8'000)1 (g) Section 615 of the Act (42 1 .S.C. 2965) is amended by striking out "eleven" and insertingin lieti thereof "fourteen''. (h) Section 620 of the Act. (421?.S.C. 2970) is amended by striking � out the last sentence thereof. (i) fart A of title VI of the Act (42 U.S.C. 2940 et seq.) is amended 42 USC 2971, by striking out .section 621, and by redesignating section 622 through 2971e-2971g. section (;28 as section 621 through section 627, regectively. (j) Section 632(3) of the Act (42 U.S.C. 2914(3) ) is amended by inserting after "time." the following new sentence: "The Director shall consult with comil amity action agencies and State offices of economic opportunity in the development of such elan.". (k) Part, B of title VI of the Act (42 U.S.C. 29 i 2 et seq.) is aulended 42 USC 2980. by redesi gZ,ziating section 638 as section 639 and by inserting after sec- tion 637tlie followingnew section: "ltEOIONA r. OFFICES 42 USC 2979a. "SEc. 6:38. (a) The Director may utilize regional Community Serv- ices Administration offices for the purpose of — "(I) carrying out the national responsibilities and directives delegated to them; u(2) processing and finalizing grants and contracts authorized under this Act.; 11(3) monitoring and evaluating programs funded under this Act within that designated region; 49(4) monitoring and evaluating on an annual basis all relevant regulations and guidelines applicable to programs funded under this Act within that. designated region ;'ii7d "(5) providing technical assistance th local community action a and other programs funded under this Act. "(b*encres The Director shall monitor and evaluate at least aiiuually the activities of regional offices Its described in subsection (a).". CO1 MUN1TY ECON0311C DEVELOPMENT 42 USC 2981b. SEc. 14. (a) Section 70:3 of the Act (42 U.S.C. 2981(b) ) is amended to read as follows: "AUTRORIZATION OF APPROPRIATIONS "SEc. 70:3. For the purpose of carrying out this title, there is author- ized to be appropriated $70,000,000 for fiscal year 1979, $85,000,000 for fiscal year 1980, and $105,000,000 for fiscal year 1981. Any stems appro- priated under this section shall remain available until expended.". (b) Title VII of the Act (42 U.S.C. 2981 et seq.) is amended by inserting after section 703 the following new section: "ADVISORY COMMUNITY INVESTMENT BOARDS Establiahroeet. "SEc. 704. (a) The President is authorized to establish a National ,. 42 USC 2981c. Advisory Community Investment Board (hereinafter in this section referred to as the `Investment Board'). Such Investment Board shall Submitted into the public __ . record in connection with item'- on . Matty Hirai City Clerk`-�i i' •