HomeMy WebLinkAboutCC 1988-05-19 MinutesCITY OF
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*' INCORP ORATED
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COMMISSION
MINUTES
OF MEETING HELD ON
MAY 19, 1988
(SPECIAL)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
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INDEX
MINUTES OF SPECIAL M99TINO
CITY COMMISSION OF NIAMIs FLORIDA
MAY 19, 1988
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ITEM SNEECT LEGISLATION PACE
No, NO,
------ -------- 1
ACCEPT, IN PRINCIPLE, RECOMMENDATIONS M 88-465 -24
OF NATIONAL INVESTIGATIVE PANEL 5/19/88
REGARDING ALLEGED DISCRIMINATION IN THE
FIRE, RESCUE AND INSPECTION SERVICES
DEPARTMENT.
MINUTES OF SPECIAL MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 19th day of May, 1988, the City Commission of Miami, Florida, met
at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami,
Florida in Special Session to discuss recommendations of National
Investigative Panel regarding alleged discrimination in Fire, Rescue and
Inspection Services Department.
The meeting was called to order at 2:12 P.M. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
ALSO PRESENT:
Cesar Odio, City Manager
Jorge L. Fernandez, Acting City Attorney
Matty Hirai, City Clerk
Walter J. Foeman
An invocation was delivered by Mayor Suarez who then led those present
in a pledge of allegiance to the flag.
1. ACCEPT, IN PRINCIPLE, RECOMMENDATIONS OF NATIONAL INVESTIGATIVE PANEL
REGARDING ALLEGED DISCRIMINATION IN THE FIRE, RESCUE AND INSPECTION
SERVICES DEPARTMENT.
Mayor Suarez: I believe we have one item schedule for 2:00 o'clock, Mr.
Manager. I don't really know who we hear from first, if it is doctor.
Mr. Plummer: Mr. Mayor, just for the record, as I have indicated to you, I
regret that I will have to leave this meeting at 7:00 o'clock this evening.
If it is in fact necessary, I could return a few minutes after 8:00 P.M., but
I will have to leave at 7:00 P.M. If it is necessary, I could be back a few
minutes after 8:00 P.M., until 9:00 P.M., but I just wanted to announce that I
will have to leave at 7:00 o'clock.
Mayor Suarez: We are going to do our very best to finish by 7:00 o'clock,
that would be awfully nice. Madam City Attorney, Mr. Manager,, somebody
indicate to us who we hear from first? I understand there is one development
since the last time we met that may be of some interest, in the form of a
policy statement on Affirmative Action, Mr. Manager, that is being issued, or
has been issued that you were telling me about this morning. I have not seen
it, so if there is a policy statement, maybe it could be read in, if it is not
very long, it could be read into the record. That's one issue that I know is
of concern us some, and I know this Commission went on record as requesting
emphatically that such a statement be made for those that either have not
read, or don't want to get too involved in the technicalities of all the
various litigation that has taken place in regards to Affirmative Action.
Mr. Odio: Mr. Mayor, there is a policy statement on Affirmative Action.
"The City of Miami will continue to recognize an obligation 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. This Administration publicly reaffirms its
commitment to a policy of nondiscrimination and Affirmative Action
in all agencies of City government in order to enlarge and expand
1 May 19, 1988
the employment opportunities in hiring, placements, promotions,
training, reclassification, transfer, recruitment, layoffs,
compensation and all other aspects of employment. This
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 maintaining of this goal will require
maximum cooperation among employees, and it is the personal
responsibility of each department director. The ultimate
responsibility for instituting and implementing this policy rests
with the City Manager. I have delegated the execution of the
Affirmative Action Plan to the Assistant City Manager of
Administration, who is 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 Affirmative
Action plan. This 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 discrimination complaints brought before it, and will also
make recommendations for resolving such complaints. All questions,
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, Monday through Friday,
at 579-6719. This Affirmative Action policy is established in
accordance with the Equal Employment Opportunity Act of 1964, Title
VII of the Civil Rights Act, U.S.A. versus City of Miami Consent
Decree, City of Miami Affirmative Action Plan, 1978, and ordinance
numbers 9140 and 10111."
That's all, Mr. Mayor.
Mayor Suarez: Thank you, Mr. Manager. Who do we hear from next? You chaired
the Commission, right, doctor? You were chairman of the Commission?
Dr. Franklin Sands: Yes, Mr. Mayor. My name is Dr. Franklin Sands, 3580
Franklin Avenue, Coconut Grove, Florida. For the past several months, I've
served as somewhat of a facilitator between two departments, but more
specifically, representing the City Manager in attempting to arrive at some
action elements of the current plan that you have in hand. I thought a good
way to begin to kick this off would be to identify the areas of concern,
toward which the plan was directed. The recommendations that resulted from
the National Investigative Panel's Report rather keyed in on seven or eight
specific areas. One was unmanaged peer punitive culture within the Fire
Department. There are two areas where some progress has been identified as
necessary. Another area represents the perception of equal employment
opportunity within the Fire Department and the perceptions of Affirmative
Action within both the Department and the City at large. A third area
identifies the adverse actions, or adverse impacts to the extent that the
current data is capable of specifying just where that did in fact happened.
There are a number of tasks that have to be performed in that particular area
in order to arrive at some modicum of progress. Another area is work force
assignments. Here specifically, the concern was with written procedures that
determine station driver, engineer and rescue assignments within the Fire
Department. Work has been done towards solving problems in that particular
area. Another area, is represented by entry level. staffing, and there have
been a variety of recommendations to increase the pool of qualified applicants
and some other measures have been taken and I am sure the Chief will be more
specific about that very shortly. Another area that was looked at and to
which the initial policy statement that you heard, is the central
administration. One of the most critical areas identified, both by the
National Panel and emphasized by the Manager, was that there be reaffirmed the
commitment to Affirmative Action for all departments within the City, as well
as the Fire Department.
Mayor Suarez: Have you had occasion to see or have read to you the statement
that was just read to us?
Dr. Sands: I have seen that statement.
2 May 19, 1988
Mayor Suarez: Does that seem to accord with your recommendations on that
particular point?
Dr. Sands: On that particular point, that satisfies. Another area... however,
under central administration, there are a number of other tasks that need to
be performed, and they are, most of them are identified in the action plan
that I think you have in place. Another area, and a very critical area,
promotional examinations. That area is being thoroughly explored right now by
the Human Resources Personnel Management people and there are a great number
of items to be accomplished in that area. Well, what I basically wanted to do
was to just simply underscore the areas of concern that most of us, having
read the recommendations that the panel reported, thought needed immediate
work. Now, the accomplishment might be short term, might be long term, but I
think there ought be some standards for measuring much of this progress and
those standards need to be developed as soon as possible. With that, I would
turn this over to Chief Duke and to Dr. Daniels.
Mayor Suarez: If any Commissioner has any specific questions or areas they
would like to delve into, I sure don't want to refrain anyone from going into
the area that each member of the Commission is more interested in. In the
absence of that indication, proceed.
Chief Colonel Duke: C. H. Duke, Fire Chief, 1231 NE 81 Terrace, City of
Miami. Basically, Dr. Sands covered the actions that have taken place at this
point and our intentions... my intention and the staff's intention is to
further accelerate and continue on with those kind of endeavors. One of the
aspects of this report that Dr. Sands really didn't cover was the need for
some financial support to provide training, development, provide training that
would be exactly for the Fire Department, because of the hours of work that we
have, the 24-on, 48-off, as opposed to the eight hour work day. Beyond that,
I would like to, you know, answer anything that I might, that you might have
questions on.
Mayor Suarez: What kind of training are you talking about?
Chief Duke: When this report was developed, it was my intention to try to do
some short term training, which we have implemented at this point, through a
couple of management seminars, and presently, we are engaged in the ADL, a
World of Difference seminars, which are relatively inexpensive, they are
canned programs... they really don't... well, the one in officer training, you
know, deals with the Fire Department, but the ADL does not really deal itself
with the 24 hour concept. I would like to see some dollars...
Mayor Suarez: You mean, the ADL program does not have any particular
programmatic approach to the concept of people who live 24 hours together?
Chief Duke: Exactly. It is more one of an awareness situation, that you
know, it is a good beginning, but it certainly doesn't go as far as we need to
go in the Fire Service itself.
Mayor Suarez: No recommendations from you or from the Panel on the issue of
whether the Department should in fact, be operated on a 24 hour basis, as
opposed to eight, ten, fourteen hour shifts?
Chief Duke: I am not aware of any suggestions of that regard in this manual,
you know, exactly as that was stated. The union president and myself have
discussed this somewhat. We are, certainly not at a point where we now ready
to put anything together, I am sure. Long range, if we could develop some
dollars, set asides, whatever, that we could do a study of the Fire Service,
the needs of the Fire Service, based on the 24 hour work day, where we have
men, women, that are thrown together because of the type of living conditions
that we have, based the training on that, and then go forward with the
training, I'm sure that long range, it would benefit not only the Fire
Department, but the City of Miami in general.
Mayor Suarez: Do you believe that intuitively, I mean, from your own
observations and experience?
Chief Duke: Absolutely, I do. You know, there is no way that I can stand
here and tell you that that kind of training is going to solve all the
problems that have been generated over the, you know, the many, many years,
but it certainly, if we could create an awareness... I just graduated, they
3 May 19, 1988
were just put in the stations, seven females last week. Well, they were
working in an environment of eight hours a day, up until the day that cycled
into the fire stations. At that point, the married ones were forced to live
in a dormitory setting, in a 24-hour environment with men that they have never
seen before, working with other females that they have never worked with
before, and that's a very traumatic situation, not only for the female
firefighters, but also for the male firefighters. We've come a long way in the
physical plant, where we have modified the fire stations to accomplish a
certain amount of privacy, through cubicles.
Mrs. Kennedy: How do you separate them? - with cubicles?
Chief Duke: With cubicles at this point, yes, Ma'am and the next step is that
we are redesigning the bathroom facilities in the stations. We have certain
set asides now for the female fire fighters, but we are going a step further,
and redesigning them so that privacy does exist for all parties.
Mrs. Kennedy: In all of the stations?
Chief Duke: Eventually we will get to all of the stations. Right now we have
three that you all have approved and we are already in the process of working
on those.
Mr. De Yurre: Chief, this transition period from eight to 24 hours, how long
is that... how long does it take to make that transition, getting used to that
life-style?
Mayor Suarez: You are saying that it is instantaneous, right? I mean, the
moment they finish their training and go into regular...
Chief Duke: The transition takes place from the day that they walk out of
their training center and right into that environment.
Mr. De Yurre: No, no, what I am talking about, mental transition.
Chief Duke: Oh. It depends on the size of the station, the amount of busyness
of the station, the type of unit that is ridden. It becomes very comfortable
for some people immediately, and it takes longer for other people to
assimilate into that type of a culture.
Mr. De Yurre: So, it is really a matter of...
Chief Duke: I can't give you a solid answer on that, sir.
Mr. De Yurre: So, you know, its factors could be the background of the
individual and a number of things that maybe we can't do much about, to some
degree.
Chief Duke: Well, not so much about that particular type of a working
environment, you know, because of the setting itself, but the kind of training
that I would like to see is one where, you know, that I can appreciate the
type of music that the person sleeping next to me would appreciate, or we
would learn to turn down our radios, instead of you know, turning the radios
up to communicate, or to be competitive with one another.
Mr. De Yurre: What you are talking about is common consideration for one
another.
Chief Duke: Consideration, yes, that type of understanding, that type of
learning process, yes, sir.
Mr. De Yurre: And that doesn't happen while you are being trained to become a
firefighter?
Chief Duke: We can't really assimilate the life-style of the fire station
while you are going through the training to become a firefighter. That
training takes approximately 19 weeks, just to get to the point where you can
go into the fire stations, and then...
Mr. De Yurre: So part of the process is not spending time there on a 24 hour
basis? That is never part of the teaching and the program?
4 May 19, 1988
ON A'
Chief Duke: There is a certain amount of that when the trainees are riding the
rescue units, but it is not to that degree, no, site
Mr. De Yurre: Wouldn't that help solve the problem, at least that problem,
the transition problem?
Chief Duke: It would be the same if it were from day one, or at the end of
that training process; it is still that same situation, where you are going to
have to put that individual into that environment at some point and that is
the kind of training that I would like to try to develop, if possible. Did
that answer that question?
Mr. De Yurre: Well, basically, I just, you know... if I hear you right, what
we are looking for is a situation where as close to day one as possible, the
individual that comes into that setting, can assimilate it, and adapt to it.
Chief Duke: Excuse me, that is just one of the aspects of what we really
need, you know that's ...
Mr. De Yurre: Well, that's... I am just dealing with this aspect right now,
OK? Now, wouldn't one day a week, if you are talking about 19 weeks of
training, one day, or maybe towards the latter half of the program, that they
spend one day a week, to get accustomed to that 24 hour a day situation.
Chief Duke: That's a possibility, but even that first day that that happens,
that that individual had been there...
Mr. De Yurre: It is going to happen, no matter what.
Chief Duke: Right.
Mr. De Yurre: But you know, at least if you get a number of days where you
are into that situation, then I think you would be able to adapt more readily
to day one of your job.
Chief Duke: I don't... I'm not sure that we have ever looked at that aspect
of training, but it is certainly something, you know, that we need to
consider. You know, it certainly is.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner.
Mr. Dawkins: From page one through twelve, that is the Miami Fire Department
recommendations in this plan.
Chief Duke: Which report, sir?
Mr. Dawkins: From one to twelve, whose recommendations are these?
Dr. Hattie Daniels: Commissioner, those recommendations were worked out with
the Department of Internal Audits and Reviews and the Fire Department.
Mr. Dawkins: And the Fire Department? Why is it that you did all this work,
and you don't have any target dates when you expect it to be completed, or a
time when I can look forward to this having been done?
Chief Duke: It was difficult to put target dates on until we had the
commitment from the Commission for dollars for training and that aspect of it,
sir.
Mr. Dawkins: How many dollars would it take for section two of the City...
all right, how many dollars would take that says: "Within the department
provisions for EEO/AA are perceived as external intrusions, operating as a
negative outside control mechanism without clear consistent implementation of
Miami Fire Department, etc. etc." How many dollars it will take for that?
Dr. Daniels: Actually, Commissioner, that shouldn't take any money.
Mr. Dawkins: All right, well, what is the Chief is telling me then that he
cannot give me a time frame, because he doesn't know how much money it is
going to cost?
5 May 19, 1988
A
Mrs. Kennedy: Excuse me, Hattie, could i have a copy of that report that
Commissioner Dawkins is talking about?
Dr. Daniels: That was in your packet, but I will make another copy of it for
you.
Mrs. Kennedy: I can't find mine.
Mr. Dawkins: No place on here you know, did anybody sit down with everybody
in the Fire Department and try to get some dates when everybody would work
together to get this done, Chief?
Chief Duke: If I am understanding you correct, sir, right now, in that
particular issue, what happens is, that many of these items, there was some 31
separate points that were identified in the report. The other report that you
have there shows what we have done and that's the one that Dr. Sands
mentioned, the ones that we are already working towards. Many of these non -
cost items are actually being worked on right now, as that one is. We have
the Human Relations Council of the Miami Fire Department that you know, is
looking at many of the several issues. The issue of driver engineers, the
lack of minorities in those positions, that's already being resolved at this
point, so it's... the time on that is zero, because we've already done it.
Mr. Dawkins: Well, how could you come before me, after we've spent all this
money to get the study done and come before me and tell me that this is the
cure-all, this will solve our problems, but you do not have any measurable
goals and objectives with a time table telling me how it can be done, will it
be done, and that we met with both groups, the black firefighters and the
white firefighters and they either bought into this, or they didn't buy into
it, and because they didn't buy into it, either group, it is going to make it
harder for us to do. I mean... I
Chief Duke: OK, if I may, first you know, I would never, never in a million
years tell you that this is going to be the cure-all for all of our ailments.
As the panel pointed out, you know, these are areas that are throughout not
only the City of Miami Fire Department community, but the community at large.
The issues are very broad, and we are taking them one piece at a time, and in
aggregate, trying to resolve the issues. As far as being able to come up with
a bottom line, I can't give you an exact date when any of these things can be
accomplished, other than physical plant renovations, and the like.
Mr. Dawkins: Mr. Manager, how you could allow the Fire Chief to bring this to
you to bring to us without a timetable of implementation?
Mr. Odio: You are correct, we will come back to you by next week with a
timetable.
Mr. Dawkins: All right, how long has this been going on?
Mr. Odio: It has been going on to my knowledge...
Mr. Dawkins: I mean, how long since we had the study?
Mr. Odio: It has been about six months at least.
Mr. Dawkins: And in six months...
Mr. Odio: More than that, more than that.
Mr. Dawkins: All right, and you have let to come here and tell these
Commissioners, "We've identified the problem, both groups say we've got a
problem, and City of Miami says they got a problem. We all are willing to sit
down and work it out, and this is the plan we have agreed to attempt to work
it out."
Mr. Odio: You are correct, Commissioner, we will bring you a back a plan when
it will be done and the dollars have to be approved so that we can proceed
with the plan implementation.
Mr. Dawkins: All right, on page... I don't know what page it is, but item 30,
on last the page 5, from the last page, Chief, where it says: Minorities have
6 May 19, 1988 't
hot gained visible involvement in local 581 committees," and it says, "Not in
out purview to make a recommehdation." Explain that to me, please.
Chief Duke: The issue of the Professional Black Firefighters and the City of
Miami, the union as recognized by the City, was taken out of my purview by the
Law Department, that I could not really communicate with that group as a
group, because of the possibility of them being a competitive union and I have
absolutely no control over who would participate in the union committees or
panels, sir.
Mr. Dawkins: But, it is in your purview to have told me, that I went over and
I talked with the union and I suggested to the union that we do this, and then
union told me, "No, we don't want you to do that," and therefore, I had to
back off. In my opinion, wouldn't that be a means of attempting to work out
the difference, instead of just saying, I have no purview, or what you are
saying is, that I have no right to go over there and discuss this with them.
Chief Duke: This issue has been discussed many times with union management,
when we have had our labor management meetings, the issues of... you know, the
problems associated with the removal of the Blacks from the union.
Mr. Dawkins: No wait, I am not dealing with that, I am not getting into that,
and I am not going to even sit up here and discuss that. The only thing I am
discussing today, Mr. Manager, is this report. I don't intend to hear
anything else that's not on the agenda. The only thing that we are going to
discuss here today, I think, is this report.
Mr. Odio: Yes, sir.
Mr. Dawkins: OK, now, it appears to me, and I many be wrong, that if we had
gone to Local 587, you would be able to tell me that you talked to them, and
they told you that you could not intercede, or that you didn't.
Chief Duke: The reality of that...
Mr. Odio: I have talked to Don Teems, and I have talked quite a few times
about this, Commissioner, and...
Mr. Dawkins: Well then, please do me a favor. Change this to reflect that,
and don't tell me it is not your business.
Mr. Odio: Well, but, I can't speak for him.
Mr. Dawkins: OK, that's all, that's all, just change it to reflect that you
did make some effort.
Mr. Odio: I have talked to him, and I have also sent him a letter.
Mr. Dawkins: No, no, just change it in the report, that is all I need.
Mr. Odio: I will do that, sir.
Mayor Suarez: The implication is that the Administration is not going to get
all involved in that, and that's obviously not the case.
Mr. Odio: We understand our limitations, but I did talk to him and others.
Mr. Dawkins: But, this does not say you talked to him. This says you didn't
have nothing to do with it.
Mr. Odio: Yes, sir, I'll put it in.
Mayor Suarez: OK, but it is not in your purview.
Mr. Dawkins: Point 25: "General outreach to community organizations to
develop and attract minority youths to the Department was not observed."
Explain to me, what a general outreach community organization would accomplish
by establishing a firefighter's public service aid program. What would that
do?
Chief Duke: Where are you at there, sir, on the report?
7 May 19, 1988
AN
Mr. Dawkins: Page 5, number 25, up from number 30, on the last page from
the... second from the last page, Chief.
Chief Duke: I was looking at a different report than yours. OK, this
particular portion of the report, the difference for the 31 items, or
thereabouts that were identified that we could pull from the report, they
weren't really identified by the panel, specifically, as items one through
whatever, and we pulled these out of the context, trying to make sure that we
completely dissected that report. As I understand the report at this
particular point it was talking about that we had not done the things similar
to what the Police Department does with some of the youth programs that they
have involved themselves with, like (a) across: implement an Explorer program.
Mr. Dawkins: Well, professionally, Chief, do you feel that a quote, unquote,
public service firefighter would be of benefit and service to the Miami Fire
Department?
Chief Duke: I'm sorry, sir. Repeat that again?
Mr. Dawkins: OK, as a professional firefighter, do you believe that if we
were to establish a quote, unquote, public service firefighter's aide, that
they would be of benefit to the City of Miami's Fire Department?
Chief Duke: I have a report that is laying on my desk right now, that has
been forwarded to create something very similar to that, where we utilize the
youth in the community, especially in the Grove area, to become a Fire Service
type Explorer.
Mayor Suarez: He's trying to determine, Chief, if you think it is a good
idea.
Chief Duke: Sure, yes, we are going to do that.
Mayor Suarez: And if so, why presumably, he is saying as a professional.
Chief Duke: Absolutely, it gives us a good background training ground for
those individuals.
Mr. Dawkins: Well, if... and this is money, budgeted dollars, so why do we
establish a quote, unquote, public service aide instead of hiring more
firemen?... and if we hire more firemen, we get more exposure.
Mayor Suarez: Yes, why is it cost effective?
Mr. Dawkins: We get more youth exposed to firemen and what have you.
Mayor Suarez: Why is it cost effective?
Chief Duke: Because...
Mr. Dawkins: No, no, no, I'm asking the Chief.
Mayor Suarez: Yes, and I'm following up on the question, it is very logical
question. I see a lot of shaking of heads. Why is it cost effective to
hire... let me just add to the question, and to explain it further, to hire
someone presumably at a lesser pay, presumably with lesser training, then just
to go ahead and train a new firefighter, if indeed we need new firefighters.
I think that is what the Commissioner is asking.
Chief Duke: Yes, maybe I am off target here, but what I am suggesting here,
and based on this report, it is an outreach program to the youth in the
community, whether we will get them to involve themselves in the Fire
Department. It takes some supervision and that is the cost associated, that,
plus the equipment and uniforms and so forth. It is not putting them on the
payroll as firemen.
Mr. Dawkins: But public service aides go to automobile accidents, and they go
to less life threatening police calls, that free up uniformed officers to go
to more serious crimes. I for one do not see, in my opinion, I'm not a
professional firefighter, OK, so now I am just voicing my opinion... I for one
do not see how we hire public service fire aides, how he is going to free up a
fireman to go somewhere and fight a fire. I mean, in my mind, I just cannot,
Chief, see how we can utilize a fire aide instead of a fireman.
8 May 19, 1988
POA
Mayor Suarez: Is this program just like the police Explorers, I mean, we are
talking about kids that are not paid, they just kind of watching what a
firefighter does?
Chief Duke: Right, we would never... there is no suggestion on my part for
hiring anyone in to actually perform the service of a firefighter, as an aide,
or whatever. The training levels would be tremendous for those individuals.
Mr. Dawkins: Establish a firefighter public aide program.
Mayor Suarez: No, they didn't explain it very well, that's right.
Chief Duke: That is the Explorer program, sir.
Mr. Dawkins: If you are talking about having a boyscout outfit, like, I can
understand it.
Mayor Suarez: Yes, it sounded like a public service aide in the Police
Department.
Mr. Dawkins: It sounds like a public service aide like a...
Mayor Suarez: Your terminology there, you know, is a little confusing.
Mr. Odio: We need to change the title.
Chief Jordan: Commissioner Dawkins, Chief Jordan, Deputy Chief. I was
chairman of that focus group and perhaps that was not written as it should
have been. The intent was not to...
Mayor Suarez: It is clarified, Chief, I think.
Chief Jordan:... hire a public service aide as they have public service aides
in the Police Department. This is part of an Explorer program and it is
specifically to stimulate the community and to bring in youth at an early age,
expose them to the Fire service and hopefully these individuals would be
interested in a Fire service career, and as they grew, and met the minimum
qualifications after they graduated from high school or went to Miami Dade and
graduated, whatever, they would be interested in a Fire service career and it
would enhance their entry into the Fire service and that was the purpose of
that entire recommendation.
Mayor Suarez: Did you consider at any point the possibility that by taking
any member of this Commission, and we've all offered ourselves to do it to the
inner city high schools and talking about the Fire Department, some of the
things they could do, the advantages and opportunities, that that might itself
constitute a worthwhile outreach program? I've not been asked to do that, you
know, I've gone to high schools on every other topic.
Chief Duke: Really, we have been waiting for this day, you know, so that we
can, you know, touch the Commission...
Mayor Suarez: You have one offer to do that. If you think it is helpful and
if the high schools want it, if you think it will be what the kids want to
hear about...
Chief Duke: We are involved in many of the high school programs now, where we
go and we...
Mayor Suarez: I see that career day, I meet up with our firefighters you
know, but, by the way, in career day, when I meet up with the firefighters, I
would like to meet up with you, and the other assistant chiefs...
Chief Duke: I've been there.
Mayor Suarez: Right, but, you know, try not, from my perspective, to send the
lower rank, and put the higher ranking, so they... or both, you know, but I
mean, some of the high ranking, so they can see that eventually you could be
assistant chief, or chief, and make the kinds of money that we are talking
about, here, and I don't want to get into exactly what kinds of money those
are, but we all know that in some cases, they exceed $60,000 and $70,000 a
year.
9 May 19, 1988
Chief Dukes Correct, and we do do those things...
Mayor Suarez: Unless you are paid less than that, in which case I shouldn't
make that reference.
Mr. Dawkins: One more question Chief, and I will be finished. Almost
everyone of these recommendations to the Chief says: "Administrative policy
statement or officer's training," and that just goes clear through here. What
does that mean?
Chief Duke: Again sir, which item are you on?
Mr. Dawkins: OK, go to the first investigative panel recommendation, and it
is number one. If you look, you got that? You have it?
Chief Duke: "Administrative policy statement, officer..."
Mr. Dawkins: All right, you see that? That's for one, that's for two, that's
for... officer training is three. Four is officer's training. Five,
officer's training; six, administrative policy statement and officer's
training. These are the recommendations. Seven, administrative policy,
officer's training, I mean, why is that? What is that?
Chief Duke: OK, as we understood it, and the focus group is made up of several
members of the Fire Department, went through there and dissected this report.
One of the common threads was that we needed more officer training. That is
was in regards to consistency in the way that we manage the fire station, so
that we didn't have 36 separate fire stations because of the way that our Fire
Department is structured, and the thought process there was that if we could
have a standard training program for each and every officer, or more officer
training, that a lot of the problems associated with punitive activities with
the laissez-faire that was mentioned in the report, the laissez faire type of
management, all of those things associated with being a trained officer, a lot
of those headaches would go away. We have implemented that. Carl Holmes, who
is a noted educator, has just completed his second course here in Miami, where
we have had up to 40 officers take that training, so we have implemented that
training level. Another thing that we have done, one of those things that we
could put a time frame on, is that we have provided the training aides in all
the fire stations so that we can have a standard training package to be
delivered in the form of VCR tapes and so forth so that we can run that
training all the way through. We have done it with AIDS, we have done it with
stress debriefing, and several other programs that, you know, that fit the
Department's needs, so we have been doing a great deal of that and part of the
recommendations I am here for is that the more dollars that we can commit to
the training needs that we have, we will be able to implement, or use those
devices that we have in the stations now.
Mr. Dawkins: Mr. Manager, through you to Chief Dukes, or Dr. Daniels, when
will I get some legible goals and objectives and target dates from the
implementation of this report.
Mr. Odio: I will have it by next week, Commissioner.
Mr. Dawkins: Next week?
Mr. Odio: Yes, sir, a week from today.
Mr. Dawkins: A week from today is May 26th.
Mr. Odio: 26th.
Mr. Dawkins: So I should have it by the 31st.
Mr. Odio: Yes, sir.
Mr. Dawkins: Thank you.
Mr. Odio: I will give you a report, update reports on where we are, after we
start implementation.
10 May 19, 1988
Chief Duke: Commissioner Dawkins, one of the other things that we proposed to
do, that I propose to do, is to update the Commission, the Mayor and the
Commission with periodic reports every three months or somewhere along that
line of what we have accomplished, where we are and so forth in this endeavor.
Mrs. Kennedy: I have one more question.
Mayor Suarez: Vice Mayor.
Mrs. Kennedy: 28. "The attitude of Local 587 toward racial incidents and
harassment by a few individuals who were promoted under Rule of Eight." Next
to it it says: "A policy is needed to handle harassment." Could you also fill
us in on that one?
Chief Duke: Page 5, item 28?
Mrs. Kennedy: Page 5, problem 28.
Chief Duke: This again was one of those items that were identified in the
report, as we dissected the report. This was a statement that was made and it
dealt with the attitude of Local 587, and the basic recommendation was that
some kind of a policy needed to be handled, harassment, not only by the Fire
Chiefs, but by, you know, combining with the union president.
Mrs. Kennedy: Yes, I would like to be made aware of when you have that policy
and exactly what it is.
Chief Duke: I have submitted an interim policy statement, not only for the
requirements of the report, the recommendations of the report, but also
dealing with the Title V recommendations. That policy statement has been
made. A joint response to that has not been made between the union president
and the Fire Chief.
Mayor Suarez: Anything further from the Commission? Do you want to make any
statement?
Mr. Joe Kaplan: Mr. Mayor, for the record, my name is Joe Kaplan, I'm an
attorney and I represent Local 587, the City of Miami Fire Fighter's union.
Our position with respect to all of the issues which have come before you in
the last months is as follows: one, we are in opposition to the National
Investigate Panel report to the City of Miami which came out in October of
1987. We are in opposition to that panel report essentially because, and I
will paraphrase the findings of Circuit Court Judge John Gordon, dated March
30, 1988, in which he said, in a lawsuit that was filed by the union against
the City of Miami, and Dr. Hattie Daniels, as follows: "The defendant, the
City of Miami, by and through the defendant, Dr. Hattie Daniels, engaged in
such unlawful conduct in an effort to privately lobby the panel established by
the City of Miami, entitled National Investigative Panel on Discrimination, in
the Department of Fire Rescue and Inspection Services, in order to educate, or
in other words, indoctrinate the panel to her perspective, thus effectively
attempting to ambush the union,"... and I paraphrase that, because the word,
plaintiff is used... "in their dealings with the panel. Such behavior and
conduct is obviously inconsistent with the spirit and intent of Chapter 119,
which is the public records disclosure law. No matter how righteous the cause
under consideration, public servant like Dr. Daniels none the less have an
obligation to deal honestly and fairly with all members of the public, even
though it is with whom they disagree. In rendering this opinion, the courts
specifically declines to express any view, regarding the panel members or its
findings and/or recommendations were in any way affected by the conduct above
described."
Mayor Suarez: OK, you read the last phrase, which said that the court did not
make any findings as to whether it affected the formation of the panel or its
deliberations, and in fact, so what relevancy does the particular... except
that, internally, the City ought to be made as aware of it, the particular
actions of this particular member of the City staff, have to the question at
hand, I mean, the panels recommendations, unless you can convince us that
something improper did take place, or that somehow...
Mr. Kaplan: We would like very much to try to convince you, Mayor.
Mayor Suarez: Did you not attempt to convince the court first?
11 May 19, 1988
Mr. Kaplan: No, not at all.
Mayor Suarez: That was not in any way part of your aetions7
Mr. Kaplan: No, we didn't try to convince the court that the decision of the
panel was jaundiced because the members of the panel were all personally
selected and personally lobbied by Dr. Hattie Daniels. No, the question was,
did Dr. Hattie Daniels do what we said she did, that is, lobby the panel, and
thus ambush us. The court found in our favor. The question of the
righteousness of the panel's recommendation was not an issue before the court.
However...
Mayor Suarez: I'm glad you made that clarification, so no one misunderstands
the Court's decision.
Mr. Kaplan: Yes, that's right. However, it is our view that the panel's
recommendations cannot be supported by the union for a variety of bases, one
of which is that the panel members, who were selected by Dr. Daniels, did not
represent in any way, shape, or form, any view or any input from the
firefighter's union.
Mayor Suarez: I presume, by the way, when you say they were selected by Dr.
Daniels, they were really selected by the Manager, upon her recommendation, I
presume, and I am sure...
Mr. Kaplan: Yes, the evidence...
Mayor Suarez: ... the Chief had some input into that, did he not?
Mr. Kaplan: No, sir absolutely not. Mayor, the evidence is very clear, and
it all went before the judge, very clear...
Mayor Suarez: We don't... you know.
Mr. Kaplan: ... the evidence was that every member of that panel was
personally selected by Dr. Hattie Daniels, including a gentlemen...
Mayor Suarez: The ultimate selection was made by the Manager, therefore, by
the City.
Mr. Kaplan: Well, sure, except that you only got resumes from the people who
she sent to you, and the people whose resumes she sent you, ended up on the
panel.
Mayor Suarez: All right, Mr. Manager.
Mr. Odio: No, no, that is not the way it was done.
Mr. Kaplan: That is exactly the way it was. I presented the evidence.
Mayor Suarez: Well, wait now, you have had your say, counselor. The Manager
wants to answer that point.
Mr. Odio: The way it was done, we sent out information to a whole lot of
organizations, which I would be glad to get you the names of, and we asked
them to send us recommendations of who could serve on this panel, and from
those recommendations, we selected the panel. Dr. Hattie Daniels did not try
to influence any one of the appointments, and I also want to put on the record
something that reads this way , which is not in the court's ruling. The court
date of page two: "In rendering this opinion, the court specifically declines
to express any view regarding whether the panel members, or its findings,
and/or recommendations were in any way affected by the conduct above
described." Right, you agree on that?
Mr. Kaplan: I read that a moment ago.
Mr. Odio: OK, but I want to reaffirm that, because also, she did not have
anything to do in influencing the selection of the panel,
Mr. Kaplan: Absolutely wrong, Mr. Manager, she had all to do with it. The
evidence that...
12 May 19, 1988
Mr. Odio: Well, t want to...
Mr. Kaplan: May I be heard?
Mr. Dawkins: Well, hold it, hold it, right there, hold it, hold it! As
Affirmative Action officer, was not that her duty?
Mr. Kaplan: No, sir, it was not.
Mr. Dawkins: No, you don't work for the Oityl
Mayor Suarez: Wait, counselor, wait counselor.
Mr. Kaplan: Oh, I am abrry.
Mr. Odio: You, it would have been her duty.
Mr. Dawkins: All right, I don't want you. When I get ready for your opinion,
I'll ask your opinion!
Mr. Kaplan: You wanted an impartial panel, didn't you, Commissioner Dawkins?
Mr. Dawkins: When I get ready for your opinion, I will ask you for it.
Mr. Kaplan: I'll be happy to give it to you.
Mr. Dawkins: All right now. Was that not her duty?
Mr. Odio: It would have been her duty, yes, it would have, to advise us.
Mr. Dawkins: All right now, and she made a recommendation to who? The panel,
she made a recommendation?
Mr. Odio: We addressed...
Mr. Dawkins: She made a recommendation to whom?
Mr. Odio: To me.
Mr. Dawkins And you made the selection and `ran 'it by who? - this Commission!
Mr. Odio: That's right.
Mr. Dawkins: And this Commission OK'd the panel.
Mr. Odio: Yes, sir.
Mr. Dawkins: Now, sir, I will hear from you.
Mr. Kaplan: Thank you.
Mr. Odio: Now, let me clarify something.
Mr. Dawkins: Wait, hold it.
Mr. Odio; We are in the process of appealing this ruling,, and that's about
all we can discuss.
Mr. Dawkins: All right, OK.
Mr. Kaplan: Yes, I understand. The legal question, Mayor concerning the
appeal, obviously is, did the court have the power to give an injunction, the
first time ever given in the State of Florida, an injunction against any
public employer, so that this thing won't occur in the future, and your City's
argument of course, will be on the basis, that the decision is completely
novel. However, the findings of the court, concerning the ambush of the
union, was a finding that I didn't make, the court made, after hearing a whole
day of testimony...
Mayor Suarez: Let me say this.,.
i
13
May 19? 1988 4
Mr. Kaplan: ... testifibny which you can't.., f don't want to repeat today.
Mayor Suarez: Might; that MAY be unnecessary, the injunction, because if the
Appellate Court were to uphold the decision of the trial court, I guarantee
you that this Commission and this City would not permit those activities, if
in fact they took place.
Mr. Kaplan: They should have been.., right:
Mayor Suarez: And that will be done way before the next one of these panels
gets impaneled, so that's not an issue.
Mr. Kaplan: Now, with respect again to the panel, it is the union's view that
the panel started off suspect, because each member of the panel was personally
instructed by Dr. Daniels, that's our position. There obviously is an
argument which is being made, that what we are saying is wrong.
Mayor Suarez: OK, we have clarified that the selection was really done by the
Manager, upon her recommendation.
Mr. Kaplan: I think the evidence is different in that, but I really don't
want... you don't have sufficient time to hear the evidence.
Mayor Suarez: And I believe as Commissioner Dawkins pointed out, approved by
this Commission, I've forgotten that we had approved the actual panel.
Mr. Kaplan: Right, except the only resumes you got, were the resumes that she
sent you, and they were the only resumes which, of the people who were
ultimately selected on the panel.
Mayor Suarez: I believe the Manager contradicted that, but go ahead.
Mr. Kaplan: OK, let me go further. The reason that the panel recommendations
are suspect, is first as I said, because of the selection of the people, but
it is more than that. The panel goes into...
Mayor Suarez: That is three times you have told us that.
Mr. Kaplan: Yes.
Mayor Suarez: Now you are going to tell us about the actual substance of the
recommendations?
Mr. Kaplan: No, I am through with that. I'm through with that. All right,
we've dissected the substance of the recommendations.
Mayor Suarez: You are paying him a lot, aren't you?
Mr. Kaplan: Not by the word, I promise yourr - by the minute.
Mayor Suarez: All right, counselor.
Mr. Kaplan: The other, the substantive...
Mayor Suarez: I know you are dealing with judges a lot of times, and some,
well you know, you might think that you have to repeat things. This
Commission gets it on the first try.
Mr. Kaplan: I'm sure you do.
Mayor Suarez: All right, sir.
Mr. Dawkins: Mr. Mayor, I'd like to make a motion here. Since, this is in
court, and we are being,.. and we are going to appeal, I personally see no
reason to continue to discuss this in order to give other things to them to
have in order to fight.
Mayor Suarez: Yes, I think that is fair. On the issue of the selection
process and of the paneling.
Mr. Kaplan; Forget it, I am through with it.
14 May 19, 4988
Mayor Suarez: On the recommendations, you can tell us whatever you like.
Mr. Kaplan: I agree, I agree.
Mayor Suarez: But, on that issue, please, let's leave that for now.
Mr. Kaplan: Now, with respect to the substance of the panel, with respect to
the substance of the panel's recommendations, there are two areas of the
recommendations which we oppose, and there is no way we can accept it. One,
is when they go into the area of collective bargaining. For an example, you
have heard, and I when I say the panel's recommendations, I am not only
talking about the panel's recommendations, per se, but some of the
interpretations of the panel's recommendations made by Dr. Daniels in the 12
page report that you have before you, and also something called a focus
report, which is attached to the details... to the information that you have
got, so it is difficult to go back and forth in that fashion. Just let me
talk about it generically as the panel's recommendation. With respect to
those recommendations, we oppose any recommendations which deals with the
subject of collective bargaining. For example, today you have heard broadly
information relating to disciplinary matters, relating to promotions, relating
to staffing, job assignments, shifts, hours of work, classification changes,
and matters such as that, which were addressed by the panel, and those papers
which came after the panel. Those are matters of collective bargaining,
which belong at the bargaining table, and I might suggest to you that some of
the most important... of those important items, such as classification
changes, such as the question of the driver engineer, such as promotions, what
have you, will come before you in a public hearing under the collective
bargaining laws in this State of Florida. You will have a public hearing on
those issues...
Mayor Suarez: Well, are you saying that this Administration, faced with a
problem in the department is precluded from having a panel investigate and
deal with all of those issues, and report back to the Commission?
Mayor Suarez: I am saying that if the panel makes recommendations on how to
enter into the field of collective bargaining, it is your responsibility to
say after listening to your attorneys advice, those areas are areas for the
union and the City to negotiate over the bargaining table, not to take
unilateral action such as been recommended by these reports which are in front
of you.
Mayor Suarez: To the extent that we take action, and to the extent that it is
part of the collective bargaining issues, we will do that at that point, but
to take recommendations and to investigate, and to find anything that we want
to delve into, I don't think we are precluded from doing that.
Mr. Kaplan: Well, you obviously have the power to investigate anything you
want. What we are saying is, how then do you implement the recommendations.
What we are saying to you is, the implementation be...
Mayor Suarez: Well, the Commissioner was trying to... prior to it, he was
trying just to get a timetable, let alone actually implementing anything
specific. If you think there is something that has been specifically been
recommended that in any way goes counter to our collective bargaining posture,
let us know.
Mr. Kaplan: Well, I have now, we have in the past, and we will in the future,
but integrated throughout the whole process of these reports and findings and
recommendations, you will find a whole class of matters which belong in the
bargaining table, and more importantly, this union wants to participate, as
Commissioner Dawkins suggested when he spoke to the Chief, we want to
participate in matters of Affirmative Action. We want to participate in
matters of improving the Fire Department, or looking into the question of
discrimination in the Fire Department. We want to participate.
Unfortunately, we have not always had the opportunity to participate. Many of
these things have come about as a result of pure unilateral management by the
City, as Dr. Hattie Daniels' duties.
Mayor Suarez: The union has participated extensively in the judicial handling
of the whole issue of Affirmative Action, as you know, and...
15 May 19, 1988
M
e
Mr, Kaplan: Sir, these reports were produced without a single word from the
union. Dr. Daniels' 12 page report, which you have got in front of you, and
the reports from the focus group.
Mayor Suarez: Let me ask a question about that. That is interesting.
Wouldn't union members, or wouldn't the union have been represented in the
hearing?
Mr. Kaplan: In the 12 page report? - not at all, except the Chief may be a
member of the union, but that is a management position:
Mayor Suarez: Mr. Manager, somebody tell me, if wasn't the union... certainly
the union wasn't precluded in testifying before the panel, were they?
Mr. Odio: Not to my knowledge.
Mr. Kaplan: We are not talking about the panel now, we are talking about the
12 page report from Dr. Hattie Daniels, or the Report from Dr. Sands. In
neither of those reports, did union have any input, not a single word of
input.
Mayor Suarez: Well, Dr. Sands' report came out of the panel.
Mr. Kaplan: Exactly, we are talking about the reports...
Mayor Suarez: So the input went through the panel.
Mr. Kaplan: ... we are talking about the reports and the recommendations for
implementing those reports.
Mayor Suarez: You wanted to help in the drafting of the report from the
panel?
Mr. Kaplan: We wanted to certainly help... we wanted certainly to participate
in how you can implement findings of discrimination. We want to assist, and I
think Commissioner Dawkins expresses the view also of the City Commission, at
least in his view, as he views it...
Mayor Suarez: If we have a second draft of the panel's recommendations, you
can...
Mr. Kaplan: We want to participate in matters of affirmative action and
discrimination and to this point, we have been foreclosed in doing so. This
is a third point.
Mayor Suarez: But, there was testimony, I presume, from the union and from
union members, as requested, before the panel?
Mr. Kaplan: There was some input from the union, absolutely, except, we
didn't participate in deliberations and we had nothing to do with the
selection of the panel members. All right, lastly, and of course, I am saying
this awfully fast... Don Teems of course, wants to conclude, lastly, and this
is the area that I would address to Don Teems. The third area of this report,
which we oppose, the report and all these other reports that Dr. Daniels and
Dr. Sands, and the focus group, all of these other reports on how to implement
this, deal also with the total union affairs. Now, I can tell you that the
legal position of the union, that not withstanding the law, not withstanding
legal prohibitions against the employer involving itself in the internal
affairs of the union, such as the internal struggle that went on between one
labor organization and another, The Professional Black Firefighters and the
Union, the union has expressed its intention to participate in whatever
mediation efforts, you, Mr. Mayor, can involve yourself in, Commissioner
Dawkins can involve himself in, to resolve these internal union affairs, so I
want you to know that even though we oppose the fact...
Mayor Suarez: We appreciate that...
Mr. Kaplan: Sure.
Mayor Suarez: ... because if that particular issue, if it could be resolved,
aside from all of the rest of them, and I am not sure that it can, it would be
nice to not have that particular issue here. It looks very bad for the
16 May 19, 1988
general public, it looks bad, I know, to the people affected, and 1 understand
now, that it is affecting even some insurance benefits and to on. So, if we
could solve that, and I understand from counsel, I think he just told me
today, that they might be disposed to follow that mediation route, am I not
right, George?
Mr. George Knox: (OFF MIKE) That's Mr. Mayor.
Mayor Suarez: OK, we'll hear from him on that point. Hopefully, that will be
seat aside.
Mr. Kaplan: I hope so. Finally, we want to say something positive. Despite
all of our objections to the report and to the recommendations which are
before you, which we have had nothing to do with, and which we hope we can
give you some input...
Mayor Suarez: The world eagerly awaits a positive statement from you on this!
Mr. Kaplan: That are some good things, Mr. Mayor. The questions of
education, the questions of training, those are good things. The question of
reaching out to the community, those are good things, which we certainly
recommend, but we want to participate in the doing of it, so to the extent
that you can involve us in any final decision by this Commission, we want to
be involved. And may I now ask Don to conclude, by giving you the position of
the union.
Mr. Odio: Joe, may I ask you a question? When you said that you did not
participate, weren't the people interviewed by the panel all firefighters?
Mr. Kaplan: We are not talking about the panel. We are not talking about the
panel.
Mr. Odio: OK, I wondered, because all the input that we had was from
firefighters. I just wanted to clarify this.
Mr. Kaplan: Well, no, we are talking about the 12 page report of Dr. Daniels,
on how to implement this.
Mr. Odio: Oh, OK, I just wanted to clarify that.
Mr. Don teems: Mr. Mayor, members of the Commission, Don Teems, president of
Local 587. I don't want to talk to you about legaleze, or any of that. I
really don't want to address the internal problems within the fire union. I
want believe that is best done through the mediation process, and I don't
think anything I say out here publicly is going to have anything good to relay
to that situation. I think we are better off sitting down and trying to work
those out, and then coming back with something, so I don't won't do that. The
position of the union dealing with the panel, and what has happened since, in
the recommendations, and this is just layman's terms, it is not attorney's
terms, now. That panel was created by this Commission at a public hearing, if
you remember. We had a big public hearing down here and you had firefighters
all over the place and this Commission decided to set that panel up. We asked
for input into that panel, we didn't get it. In fact, one of the members on
the panel is Mr. Squire Padgett, who I personally like, I have dealt with him
years ago with the Consent Decree, when he was working with the Justice
Department and implementing the Consent Decree, and I believe absolutely he
had... he wasn't an unbiased person sitting on that panel, one way or the
other, so we had a question about him, and we also asked for input, we didn't
get that. Once the panel made its recommendations, we asked for input into
what those recommendations were, and any resolutions to some of the problems
that they saw. We didn't get any input into that. I asked my Fire Chief if
they have got a focus group that is going to deal with this issue. Could we
have input? Nol My Fire Chief said that if I wanted input and
recommendations to those panel's reports, that I should set up my own
committee, and come back with those recommendations here.
Mayor Suarez: Could you give input except through the panel hearings?
Mr. Teems: No, sir. No, sir.
Mayor Suarez: But, I mean, you could have done it through the panel hearing,
and I'm sure you did.
i
17 May 19, 1988
Mr. Teems: I could have done it through the Commission, yes, OK, but I am
talking about the recommendations that came out of that panel report. We have
had no input into it at all. I can tell you personally, that I read the
reports and a major part of it, I don't disagree with, and I think that we
would like to be involved with helping implement some of the programs - the
outreach program and things like that are very good, super!
Mayor Suarez: That is another way of saying you agree with a major part of
it.
Mr. Teems: But, we are not going to continue to participate in something that
somebody is handing us and say you buy it, without any input into it. We are
not going to do that at all, and that's our position, that if you want us to
be participants, and we want to be, you have got to give us input, and in my
opinion, your staff, from the Affirmative Action office, to my Fire Chief,
have not let have input into the program, and I don't think they intend to, in
the future. So, as far as I am concerned, and I believe I speak for the
majority of the union, that if you give us input, let us have some
recommendations also, because we do have a perspective of what the problems
are. Let us have input also, then we can go along with program and we can
help it, but without it, we can't go along with the program.
Ms. Nora Hernandez Murell: Nora Hernandez Murell, cochair, City of Miami
Affirmative Action Board. I want it known from the public record that in spite
of the fact that the union continuously says they had no input into these
matters, they have a seat, the local IAFF-587 on the Affirmative Action
Advisory Board of this City. This advisory board, appointed by this
Commission and this Mayor, reviewed the names, was asked to give input and
recommendations of additional people to be on that National Investigative
Panel, reviewed the resumes of the recommendations made for membership to that
panel, reviewed the report of the panel, and then reviewed the implementation
plan of the City of Miami. Now, I resent the fact... I'm not a City of Miami
employee, that the citizens of this City have their intelligence continuously
offended by mistruths! That's a fact.
Mr. Teems: Can I respond, Mr. Mayor? That's exactly what I am talking about,
OK? The union's position dealing with the Affirmative Action Board, is that
we wouldn't trust the Affirmative Action Board as far as we could throw it.
We've never gotten an affirmative vote, or anything else out of that board.
It was my recommendation personally that we do not put a participant on that
board, because first off, it is not even structured in accordance to the
City's Affirmative Action plan. The structure there is not there.
Mayor Suarez: Well, you might tell us about that at another time. It's a...
Mr. Teems: All right, but again, OK, my vice president is the one who pushed
me and pushed me and pushed me to keep sitting on the board and try to work
things out with the board. That individual represents firefighters. He does
not represent the union.
Mayor Suarez: By the way, on the suggestions for the panel members, I
remember getting, and I believe the rest of the Commission got correspondence
from people who felt that they had initially not been heard by the panel and
so on, individual firefighters, or individual citizens, or whatever, but I
don't remember ever hearing from the union, frankly, and this applies to
counselor's comments too, that you wanted certain people to be members of the
panel. At least, I didn't get it in writing, Don, maybe you made some phone
calls.
Mr. Teems: Well, I requested it the night of the public hearing and I was
told we would work out the details later on and from then on, I did address it
to the Administration. One more point, Mr. Mayor. The individual addressing
you right now at the other podium has got a vested interest, good or bad...
Mayor Suarez: Which is that?
Mr. Teems: She was married to a City of Miami firefighter for several years.
I'm telling you, OK?
Mayor Suarez: The law doesn't reach yet as far as who you were married to,
but...
18 May 19, 1988
Mr. Teems: That individual wanted to be part of the mediation group.
Mayor Suarez: We'll take note for that.
Mr. Teems: You know, well, we didn't accept that, because we think that there
would, you know, they might help us, I don't know, but the point is, we didn't
think that was unbiased.
Mayor Suarez: Elizabeth Taylor would have a lot of conflicts if all of her
former husbands were considered. Counselor?
Mr. George Knox: Mr. Mayor and members of the Commission, my name is George
Knox, I am an attorney and I represent The Professional Black Firefighter's
organization and I represent the more than 60 black firefighters who used to
be members of International Association of Firefighters, but who have
unfortunately, been expelled and exiled, and it is in that context that I ask
you to consider all of the expressions of good faith that have been made by
otherwise honorable persons on behalf of the union. I can appreciate Don
Teems' feelings about the Affirmative Action Advisory Board, because this is
the same feeling that all black firefighters used to have, when they used to
be members of the union. The difference is, that I don't believe that Don
Teems, or a representative from the International Association of Firefighters
was systematically and calculatedly expelled from an opportunity to
participate in the business of the Affirmative Action Advisory Board, and
herein lies the position that I am taking on behalf of the black firefighters
of your City, related specifically to the issue that is before the Commission,
and that is that this Commission has the absolute power to determine which, if
any, of the recommendations that it will implement, and to implement them
without disturbing the collective bargaining process, because its findings and
implementation procedures would simply formulate a position to be taken by the
City in the negotiating process, and be not therefore deceived by having
someone tell you that there are matters that you may not address in your
sovereign capacity, as the policy making body of the City of Miami.
Mayor Suarez: Those are very nice adjectives, but I don't think that any of
us so far have been cowed too much by those arguments, and at some point, you
might have to make argument in another form, George. I don't think any of the
Commission is too concerned so far, that we are not acting properly, although
we are not sovereign, not yet.
Mr. Knox: I understand. We don't need to be any more specific than please
implement and cause your staff in no uncertain and in terms, to
implement each and every recommendation that has been made by the blue ribbon
panel that you selected, because at least that will begin a process of leading
to the de -institutionalization of institutionalized insensitivity within the
Fire Department, created and promulgated by Local 587 of the International
Association of Firefighters and its current leadership, and on that basis, we
simply ask you, unless you have some further question of me, to simply do
everything that is in your power to make sure that the persons that you employ
and direct, implement each and every one of those recommendations and only
then will a dialogue begin, because you must be aware, whether we talk about
it or not, that the tension between black and non -black firefighters in this
department can break it asunder, if these matters are not seriously addressed
at the highest possible level.
Mayor Suarez: Thank you, counselor. Please. On a much more mundane matter,
Chief, or Mr. Manager, did anyone, at any point, consider making any
recommendations on the issue of the famous personnel files, which are also
called for some reason that I could never understand, anecdotal?... at least
changing the name to something that we understand? I mean, you know what I
am really talking about, I mean, aside from the name, which is a silly name,
the constant personal observations of attitudes that are reflected in these
files, when really, we would hope the files would reflect performance and not
people's attitudes, I mean, if we had to judge people by attitudes in the
City, you know, we'd go crazyl
Chief Duke: That was one of the actions recommended by the panel...
Mayor Suarez: OK, where is that?
19 May 19, 1988
"1 ?"*�
Chief Duke: At this point, a member of my staff, Chief Jimenez, a member of
the union management, Captain Bryson, have already started and are in the
final throws of implementing, or modifying a report that we will come back
with, for those individuals, so if...
Mayor Suarez: Because you know, the more we delve into what constitutes good
performance in the Fire Department, the more two things came out, being on
time for work, and being on time for the alarms, and of course, being sober at
both moments, and otherwise capable of performing, and those two are quite
objective. Those two are extremely objective, I mean either you are or you
aren't, I mean there is some subjectivity in when a guy is asleep and somebody
helps them to wake up and maybe some other guy, they don't help him to wake up
when there is an alarm, I suppose, but I mean, at least you can measure those
things, and the files are full of personal comments, you know, back and forth,
the captain commenting on the firefighter, the firefighter responding and
being asked to sign stuff. Somehow, that just doesn't sound to me like the
most professional way to run a department where people are expected to be on
time, for work, and for the alarms, and all the rest, attitudes, and all of
that, and how, you know, how long your hair is, and whether you participate in
a fraternity that it seems the department always has been, is inconsequential.
Chief Duke: We are in the process of working with the union to rectify that
one. Now, if it doesn't fall apart for whatever reason, we will probably have
that within the next month or so.
Mr. Jim Howe: Honorable Mayor and Commissioners, my name is Jim Howe, and I
work with the Metro -Dade Community Relations Board. I live at 6845 SW 57th
Terrace. I was asked last night in a unanimous vote of the Metro -Dade
Community Relations Board to read -a letter into the record, which I am sure
you have already received and is generally supportive of the position you have
taken.
Mayor Suarez: You want to paraphrase it, and we can go ahead an enter the
letter into the record directly, Jim.
Mr. Howe: Basically, the Metro -Dade Community Relations Board supports the
findings of the national investigative panel report to the City of Miami. We
have asked that there is a need, we have recommended a expeditious action in
adopting the action items drawn up by the City's Affirmative Action office and
the Fire Department. Specifically there is a need to put a time frame on
these action items so that progress can be monitored and success further
insured. The CRB urges that the Mayor and Commissioners gives strong
consideration to providing the funding required in training, which has been
identified as necessary to help solve problems within the Fire Department.
Additionally, your leadership in urging immediately implementation of those
actions which require no additional funding, will be most beneficial. One
example of such cost free implementation would be that Affirmative Action
policy that you read into the record at the beginning of the day's meeting,
and we heartily congratulate you for moving quickly on that. Thank you.
Dr. Brad Brown: Mr. Mayor and City Commissioners, my name is Dr. Brad Brown,
and I'm speaking as chair of the Affirmative Action Committee, of the Dade
County Community Relations Board, as a board member. First, we commend your
action today, both on your statement and in your demand for timetables, which
supports the request made in the letter just read. We also are very pleased
on the results of the panel and also the work of both the NAACP and SALAD, who
took the tack of asking for this type of a panel, rather than others and I
note that SALAD had to leave, but NAACP, I understand, is still here to
support that. We support very strongly the recommendations. We've look at
them, we think, as our letter states, that they should be implemented. We
also though, at our last meeting, there was another concern that was raised.
We hear reports in the community of concern that various aspects of the
memorandum of understanding related to the Consent Decree may be put on the
table for negotiations during the bargaining and we feel very strongly that
should not happen, and if that is basically a rumor, because we have been
notified earlier by the City Manager that it hadn't, but we urge you very
clearly to put that issue to rest.
Mr. Odio: That's not negotiable. It is not negotiable.
Mayor Suarez: No, don't worry too much about rumors, we don't... go ahead.
20 May 19, 1988
,^N
Mr. Brown: Well, a lot of things we do at CRB is worry about the effects of
those rumors on the community, and to we do worry a great deal about them and
we're very happy to hear that stated.
Mayor Suarez: In the sense, in the City of Miami, because we don't have the
resources of having a community relations board, this Commission kind of acts
as a community relations board, and we squash the rumors as quickly as they
appear, if they are not correct. Go ahead, sir. We are still happy for the
involvement of the CRB in many things that pertain to the City.
Mr. Brown: Thank you.
Mayor Suarez: We do pay County taxes, so...
Mr. Brown: Thank you very much, and as I say, I urge to continue to implement
them and I do want to mention that we think so much of this basic findings of
this panel report, that under our CRB letterhead, we are sending it both to
the County and to other fire departments in this City so that they may look
from it and learn from it and implement ahead of time, the kind of actions
that you are taking here. Thank you.
Mayor Suarez: Thank you, doctor.
Mr. John Due: Mr. Mayor, City Commissioners, my name is John Due, I'm
president of the South Dade Branch of the NAACP, and I am here also to
represent the Greater Miami branch of the NAACP and Spanish League Against
Discrimination. Their representative couldn't remain here. First, I want to
commend the City Commission. It was 1978 that you went into this Consent
Decree memorandum in an understanding to begin the process of dismantling the
structure which was maintaining the discrimination in City employment, and I
want to commend you in 1985, when you resisted the efforts of the Justice
Department that was seeking your cooperation to ask the court to get out from
the jurisdiction of that said court, and again, thank you for accepting the
advice of NAACP and SALAD for getting this outside body to help you to
evaluate a proposed concern, and findings and recommendations. There are
several concerns we have as far as NAACP is concerned. I am glad to hear the
Affirmative Action policy, but it is very important that we do have specific
goals and timetables that can be monitored in implementation of your policy.
The second concern I have, is that you as the City Commission, should be
concerned about the welfare of those black firefighters who brought these
concerns in the first place, and the retaliation that has been manifested
against them, because of their exercising their freedom of speech and freedom
of association. Their expulsion from Local 587 has nothing to do with the
issue of dual unionism, they are organized for the social welfare and
charitable reasons , and they are not trying to be The only reason...
Mayor Suarez: You understand that we think that we may have a handle on that
particular problem, at least as to the procedures to be followed, and if we
delve into that now, it may actually be derogatory to that process.
Mr. Due: OK, as a first year in law school, as you know, Mayor, those who
come to court, must come to court... must come in the court...
Mayor Suarez: I forgot everything I learned in the first year of law school,
second and third year law school.
Mr. Due: ... with clean hands, and I think the issue whether or not the
even recognizes, you know, as a bargaining agent for the firefighters.
Thank you.
Mayor Suarez: Thank you.
Mr. Kaplan: Mr. Mayor, one very quick statement with respect to remarks by my
brother George Knox. One, Mr. Knox engaged in what I consider to be an
argument that does not sit well with the efforts at mediating this dispute
when he does two things. One, is accuse the union of systematically expelling
people for reasons of race from the union. That never happened, I was there,
Mr. Knox showed up and walked out five minutes later. That didn't happen.
Number two, when he accuses the union of being a part of and being responsible
for this systematic institutionalizing of insensitivity to racial questions by
the Local 587...
21 May 19, 1988
Mayor Suarez: I thought that was more in reference to the department, than to
the union, though.
Mr. Kaplan: Well, he said the Local 581 and that's wrong, that's not the way
we are supposed to handle this question, if in fact, we both agree, the matter
should be mediated. You don't come to the mediation effort with boxing gloves
on. You come with the hope of settling it. We want to settle it, but those
kind of remarks are provocative and I wish they had not been said.
Mr. Knox: I would certainly hope that they would provoke some sensitivity.
Mayor Suarez: I don't know if this means we are going to have mediation or
not, but I certainly hope that we haven't totally precluded, but certainly we
have different positions, and otherwise there wouldn't be any mediation, you
agree with that, Joe, right?
Mr. Kaplan: I'm sorry, Mr. Mayor.
Mayor Suarez: I said that if you didn't have different positions, there
wouldn't be any need for mediation, so I...
Mr. Kaplan: You are absolutely right, sure.
Mayor Suarez: In the spirit of a little harmony here. Anything else?
Mr. Knox: We didn't address that question, Mr. Mayor, and the position that I
have been directed to take on behalf of The Professional Black Firefighters
Association is that they would certainly welcome mediation assuming two
things, number one, that a mediation mediator would be selected from the
Federal Mediation Service and that the process would avail itself of your
services, your honor, as you have indicated that you would participate to the
extent that it does not interfere with the City's bargaining position on
collective bargaining matters, and this is Mr. Ben Boykin, who is a
spokesperson for the PBFFA.
Mr. Ben Boykin: My name is Ben Boykin, and I am president of PBFFA, and we
would hope that the Commission would implement the recommendations that they
have solicited from the national panel. We think they are all good, and I
don't think that counsel for the Local 587 represents all of 587, like you
just suggested, because he don't represent me. We have different viewpoints,
so I disagree with that.
Mayor Suarez: You are actually right now, a member?
Mr. Boykin: Yes. I would... you know, I am listening to all of this, and
it's... you know, I am wondering who is in control, here. You know it seems
like the union is actually trying to take control of the department, I mean,
who is in charge, I'd like to know who is the boss? Is it the Chief or is it
the Commission, the Manager, or what, because the union seems as though they
are in charge. Everybody else that came up here that spoke, other than Don
Teems and counsel, had a different opinion, other than the union, and you
know, I think it is... you know, I really would like to know who is actually
in charge. You know, I think if, whoever is in charge, would make a strong
statement, a strong policy statement and would stick to that statement, I
think we can alleviate a lot of the confusion that is going on now. The union
keep saying that they don't have any representation in these things and I know
that is not true, because the union did participate. They might not have a
formal letter asking them to participate, but I know they were out there, the
union members, the vice president, and you know a number of them...
Mayor Suarez: Yes, I think that was acknowledged, that they participated in
the panel hearings.
Mr. Boykin: Right, OK, I would strongly ask that the Commission would follow
through with what they started months ago with the panel and go ahead and
implement these recommendations and we can be a lot better off.
Mayor Suarez: Thank you for your statement.
Mr. Alan J. Hunter: Mr. Mayor, my name is Alan J. Hunter. I am a City of
Miami firefighter, and I am here to say one thing, and it is the fact, that no
one has gotten the point to mention the fact that we are not all treated
22 May 19, 1988
equally on this Department, and by the Department's administration. When I go
to take a test, and I score the highest on the test, I am going to be passed
by by somebody because of their race, color, nationality and religion, and at
the beginning of this meeting, you read a statement that said we weren't going
to do that anymore. There are statements all over the Fire Department that
said we were not going to do that anymore, and we consistently do it. Why do
we have a system that discriminates on the basis of race, sex, national
origin, and gender? Why do we have that? Why don't we, as a City institute a
policy where we are going to treat everybody equally? This is the United
State of America, and I am guaranteed by the constitution the right to be
treated equally, am I not? Am I not guaranteed that right? Why are we here
discussing this? What does your policy say? Read in your first sentence of
that policy!
Mayor Suarez: That policy comes directly, and results directly from a court
decree interpreting the constitution of the United States.
Mr. Hunter, Well, what does it say?
Mayor Suarez: We've read it into the record already. You interpret it one
way, we might interpret it a different way, but it...
Mr. Hunter: How can you interpret a policy that says you are not going to
discriminate to make it mean a policy that you are going to discriminate on
the basis of race and...
Mr. Odio: It also says that we are complying with the United States Consent
Decree.
Mr. Hunter: And what does that say?
Mr. Odio: The Consent Decree, you know what it says.
Mr. Hunter: No, I don't know what it says.
Mr. Odio: Well, I'll be glad to brief you afterwards.
Mr. Hunter: I would like that, I'll stay here for that.
Mayor Suarez: It says basically in a sense, that the City will make every
effort through its promotional policies of having goals that are implemented,
reflecting the proportions of ethnic representation in the City's work force.
That is a general statement.
Mr. Hunter: OK, so those goals are going to trample my constitutional rights
to equal protection, that is basically what you saying.
Mayor Suarez: You can make that argument in court. You can make that
argument in court.
Mr. Hunter: Thank you very much.
Mayor Suarez: I am sure the union has made that argument and they have, in
fact. Anything else?
Mr. Hunter: That's it.
Mayor Suarez: Thank you. Anything from the Commission? I don't know that we
need to take any action, since Commissioner Dawkins has requested that we have
an actual timetable on these recommendations and I could presume at that
point, we can pass them, otherwise we could pass them all collectively at this
point, I have no problem with that.
Mr. De Yurre: When are we scheduled to get a timetable?
Mayor Suarez: I think he asked for it within a week, which would mean that
they would be ready for Commission action by the next Commission meeting.
Mr. Dawkins: (OFF MIKE) I move that we act on the recommendation upon the
receipt of the timetable.
Mayor Suarez: OK, so moved.
23
May 19, 1988
Mrs. Kennedy: Second,
Mayor Suarez: That we act on the recommendations upon the receipt of the
timetables. Seconded, Commissioner De Yurre?
Mr. De Yurre: I'll second it, but before I... now, as a matter of discussion,
I would have a problem, you know, with the concept... of course+ I want
involvement from everyone, including the union, but I have a problem, you
know, when the union wants involvement, and yet for some reason or another, 60
black firefighters have been excluded from the union. You know, I have a
concern about that, and certainly I would like to see that remedied as soon as
possible, and if I am going to be involved in a positive matter towards the
union, I don't think that is the way it should be handled, and that's got to
be worked out.
Mayor Suarez: OK, we have a motion and a second, any further discussion?
Call the roll.
Mr. Dawkins: The Clerk asked me to repeat the....
Ms. Hirai: Just that your mike was off, sir. For the public record, we need
it.
Mr. Dawkins: All right, I move that we accept the recommendations and act on
them upon the receipt of the timetable from the Manager.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 88-465
A MOTION ACCEPTING IN PRINCIPLE THE RECOMMENDATIONS OF
THE NATIONAL INVESTIGATIVE PANEL REGARDING ALLEGED
DISCRIMINATION IN THE FIRE RESCUE AND INSPECTIONS
SERVICES DEPARTMENT, AS MORE FULLY PRESENTED BY THE
NATIONAL INVESTIGATIVE PANEL BEFORE THE CITY
COMMISSION ON THIS SAME DATE; FURTHER INSTRUCTING THE
CITY MANAGER TO FORWARD TO THE CITY COMMISSION A
PROPOSED TIMETABLE FOR THE IMPLEMENTATION OF SAID
RECOMMENDATIONS IN ORDER THAT FINAL ACTION CAN BE -
TAKEN ON THIS ISSUE.
Upon being seconded by Commissioner Kennedy the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Thanks to everyone involved in this process, and let's hope
that it will result in the things we hope that it will result in.
24 May 19, 1988
TNXRH RSING N6 FARTHER RIJSINE$S To Coms 1 Mgt To Cirr
CtX41YSSIdt. To lEETING WAS AWOURNED AT 3 : 3 5 P.M.
Xavier L. Suarez
m A T O R
ATTEST:
!Natty Hirai
CITT CLERK
Walter J. loaman
ASSISTANT CITT CLERK
I