HomeMy WebLinkAboutCC 1987-01-14 MinutesMINUTES OF SPECIAL MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 14th day of January, 1987, 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 consider the issue of observance of the
Martin Luther King Holiday..
The meeting was called to order at 3:04 p.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
ABSENT: Commissioner Joe Carollo
ALSO PRESENT:
Cesar Odio, City Manager
Lucia Allen Dougherty, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman
Vice -Mayor Plummer led those present in a pledge of allegiance to the
flag.
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1. RESCHEDULE MEETING OF JANUARY 22, 1987 TO START AT 11:00 A.M.
Mayor Suarez: I'm not going to make much of a preliminary statement...
Mr. Plummer: Boy, I am! Is Willy Simms here, by the way?
UNIDENTIFIED SPEAKER: He's not here yet.
Mr. Plummer: Does he have the audacity to show up?
UNIDENTIFIED SPEAKER: He's going to be here.
Mr. Plummer: I hope he is.
Mayor Suarez: ...other than to say...
Mr. Plummer: Because he'd better give his soul to God!
Mayor Suarez: ...that we have received a lot of phone calls on the issue of
the City's observance of the Martin Luther King holiday and the confusion has
arisen because one of the unions does, in fact, have the day off, paid, and
the other unions do not, and how it is that we had previously proclaimed this
to be a holiday and somehow are not able to put that into effect. Other than
that I don't want to say anything. I do want to ask my fellow Commissioners
for one preliminary matter, if there's no objection, and that concerns the
meeting of the 22nd which is otherwise scheduled for 9:00 a.m. and I would
like it to begin at 10:00 a.m. so that I can make a speech to the American Bar
Association. Do you have any problem with that?
Mr. Dawkins: Not if all the Bar members will vote for me when I run.
Mr. Plummer: Wait a minute, the Manager's saying it's so small you can make
it two.
Mayor Suarez: Well, that would be even more preferable.
vg 1 January 14, 1987
Mr. Dawkins: No, no, no. Every time you guys tell me a two o'clock meeting,
we end up leaving half the agenda items, or we end up ... I don't know.
Mayor Suarez: Well, the thing is we're otherwise advertised to start in the
afternoon at 4:15, I think it is.
Mr. Odio: No, we have some 32 items - 36 items of the regular business that
we have.
Mr. Dawkins: Well, why don't we meet at one o'clock?
Mr. Odio: Let me find out, Commissioner, if we don't have some advertised
public bids for 11:00.
Mr. Dawkins: I mean, Mr. Mayor, why can't we meet at one o'clock?
Mrs. Kennedy: I think that would be the best thing - one o'clock and that
will give us enough time.
Mr. Odio: Excuse me, we might have some public bids to open at 11:00. That's
the only problem we may have.
Mr. Plummer: How about 12:59?
Mr. Dawkins: So we'll meet at 11:00 and open the bids and adjourn until one
o'clock?
Mr. Odio: OK.
NOTE FOR THE RECORD: Commissioner Carollo entered the meeting at 3:10 p.m.
Mayor Suarez: I'll entertain a motion to that effect.
Mrs. Kennedy: So moved.
Mr. Plummer: That's for what time?
Mr. Dawkins: He said that if there are bids to be opened at 11:00 o'clock, we
will meet at 11:00 o'clock.
Mr. Plummer: If not...?
Mr. Dawkins: Open the bids and we will adjourn and come back at one o'clock.
If not we'll just start...
Mr. Plummer: Make it 12:59.
Mayor Suarez: 12:59.
Mr. Dawkins: So moved.
Mr. Plummer: I learned in Colombia when they tell you 9:00 a.m. that 9:59 is
still 9:001
Mr. Dawkins: So moved.
Mayor Suarez: So moved and seconded. Call the roll.
DURING ROLL CALL:
Mr. Plummer: I'm going to say "yes", but I don't think it's legal, Mr. Mayor.
Under a special call you would have to disband one and start another
because...
Mrs. Dougherty: I thought he did open this as a special meeting for the
consideration of this item. We'll close it, then...
Mr. Plummer: The only call in the memo is for the Martin Luther King, and I'm
just trying to make it legal, that's all.
vg 2 January 14, 1987
Mrs. Dougherty: That's right, so lie will have to call a special meeting at
this very minute.
Mayor Suarez: I hereby call a special meeting to determine the... to close
the meeting of the Martin Luther King holiday and call a special meeting to
consider the issue of the next meeting of the Miami City Commission which
would otherwise begin at 9:00 a.m.
Mr. Plummer: And I second Commissioner Dawkins's motion.
Mayor Suarez: Thank you. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-70
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING IN JANUARY TO COMMENCE AT 11 A.M.
ON JANUARY 22, 1987.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Thank you, Commissioner Plummer, for reminding me to do that,
quite the way it should be. We now close the meeting on the rescheduling of
the next Commission meeting and restart the meeting on the Martin Luther King
Holiday.
2. MARTIN LUTHER KING HOLIDAY
Mayor Suarez: Yes, Mr. City Manager.
Mr. Odio: Just for your information, we do have two bids to open, one at
11:00 and one at 11:05.
Mayor Suarez: Yes, that would be for 11:00. Actually, as long as we have a
quorum at 11:00 that day, some Commissioners may excuse themselves and not
lose out on anything because all we'd be doing is opening those bids, so if
anybody has any problem, just let us know so we make sure we have three at
least.
Mr. Plummer: Mr. Mayor...
Mayor Suarez: Proceed, Commissioner.
Mr. Plummer: Before we start and somewhere, I hope, before we close, there
were certain allegations made by Mr. Willy Simms on a radio program the other
day - totally erroneous, absolutely false - and my office received a number of
phone calls based on those accusations made in the radio broadcast. The
accusations were that the people who turned down the Martin Luther King
holiday - which it was not turned down at the last meeting, it was discussed,
brought up by Commissioner Dawkins - was yourself, Mr. Mayor, Mr. Carollo and
myself were supposedly the guys that turned it down. Other than discussion, I
don't recall any vote in any way, shape or form, and I would hope, if Mr.
vg 3 January 14, 1987
Simms is coming here today, I think he owes an apology to the three of us for
making such accusations over the radio and inflaming people, which they were
inflamed when they called my office, and if he would apologize - and I hope he
would - but I think that under equal fair doctrine he must go back on that
radio and correct his incorrect statements. So, before this meeting is over,
I don't know about you.: and Mr. Carollo, but I am going to demand that that be
done. If not, the only alternative is then to demand of the FCC that they
investigate - and I don't even know what radio station it was - that they
investigate such allegations.
Mr. Dawkins: We don't have but two, now, come on, get off my back!
Mr. Plummer: Well, maybe it was one of the two.
Mr. Dawkins: All right, that's better.
Mr. Plummer: I don't even know where Willy Simms is except with Joe Robbie.
That's pretty obvious.
Mrs. Kennedy: Commissioner, we had authorized for a paid holiday on a
nonrecurring basis and it passed unanimously so I don't know what he...
Mr. Plummer: He was accusing the Mayor, Commissioner Carollo and myself - it
is my understanding - and the tapes of the radio program which they must keep
would prove it - that we turned it down. So I'd love to make sure that he has
the opportunity to speak today.
Mayor Suarez: The very least you should do is...
Mr. Plummer: You say he works for the County?
Mayor Suarez: He works for the CRV.
Mr. Carollo: He worked for the County, I understand, trying to keep people
calm.
Mr. Plummer: He also works for Joe Robbie in getting signatures, also,
according to what I read in the paper and he does other things.
Mr. Carollo: J.L., I'll tell you, there's been so many accusations and games
that people play lately that, you know, I really can't get all worked up over
that.
Mr. Plummer: I'm not worked up. I'm just going to follow through.
Mr. Carollo: I think it's part of an early beginning, like several other
things that have gone on in the last few months, of an early campaign for '87.
Mayor Suarez: I think the least he could have done is blame Commissioners
Dawkins and Kennedy equally with the rest of us.
Mrs. Kennedy: Obviously we came across very well.
Mayor Suarez: The fact of the matter is that we had all intended to have this
as a holiday for the entire City of Miami and, indeed, to try to convince all
of the people in the private sector that they should also call this as a
holiday so that we would have a true observance of what is now a national
holiday and I don't really know that any of us understand how it came to be
that a lot of City employees do not get the day off. We know that the unions
are claiming that we didn't negotiate that properly. We're claiming they
didn't negotiate it properly and I would like to hear the Commissions views.
I have my own views and, I'll reserve them, as to whether we should in fact
declare this a holiday for all of the employees of the City of Miami.
Mr. Carollo: I'll tell the Commission how I feel. I think that we should
make it a holiday and I'm willing to make the motion. I think we should do
it, however, in a fashion that is not going to incur the City any additional
monies. And I think if we do that...
Mr. Plummer: Agreed.
vg 4 January 14, 1987
Mr. Carollo: ...while making it a holiday and what I intend to propose is
that while we make King's holiday an official holiday of the City of Miami, we
take out one of the other holiday dates that we have. This way, we'll still
have the same amount. of: holidays in the City during the year at the same time
that we make King's holiday an official holiday for the City of Miami. For
instance, I don't think Columbus Day, Veterans' Day, Thanksgiving Day,
Christmas Day, New Year's Day, Washington's Birthday, Memorial Day,
Independence Day or Labor Day should be some that we should touch. Maybe
others might. However, we have the day after Thanksgiving Day as a holiday
also and that's one date that we could take out while still making
Thanksgiving Day a holiday in exchange for Martin Luther King's birthday as a
holiday, and it wouldn't cost the taxpayers any additional monies.
Mr. Plummer: Let me, Joe, agree with you, but let me go one step further. I
would not limit it to just an opposite or a trade-off day. It is my
understanding that the Sanitation Union, in their negotiations did, in fact,
trade off monetary consideration, and I would want to leave it open to that
point. I don't think it should be bound to just one day for the other day.
If, in fact, the Manager tells us that that day is worth $200,000 of
taxpayers' money, if we get it back in monetary consideration, or whatever
consideration, or another day, that's fine with me. But I concur with you
that it should be we, the Commission, understood it last year when we gave it
to them as a freebie that that's the way it was going to be with the full
intent that they would negotiate it this year.
Mr. Carollo: Well, I think, J.L., that the only area that we're probably
going to have to back to make sure there's fairness would be with the
Sanitation Union, whereas we're going to have to give them additional dollars
to compensate them or give them another holiday if we do it this way, but I
don't think it's going to affect any of the other unions that didn't negotiate
for King's birthday as a holiday.
Mr. Plummer: Here, again, they could give up, you know, an eight -hour day,
whatever, or pay it off in overtime, or whatever, but it's got to be - I agree
with you, OK, to the extent that it's got to be a holiday. I think that is
definite. It is a national holiday. It should be, but I do feel that it is a
part of negotiations and that, as such, the City taxpayers cannot be burdened
further with an additional $200,000. Now, Joe, if I may, and Mr. Mayor, at
the last meeting when this matter was discussed and discussed only, I would
like to hear, and maybe others of the Commission. There was a discrepancy,
and a damn big discrepancy. The police representative, Ken Nelson, said to me
that A was not his statement but that of Don Teems. One of the two made the
statement and it was a statement made that the only thing that could be
negotiated during negotiations for Martin Luther King's Birthday was another
day had to be given up. No other negotiation. When Mr. Mielke, we brought
him up, Mr. Mielke said "that's not true." And I'd like to find out exactly
where this thing really lies and where the truth is because at this particular
time we have two different stories and I'll do it now or do it later, but
before this meeting is over, I want to find out where that discrepancy lies.
Mr. Carollo: I'd like to make the following motion at this time and then we
can, hopefully, get into some additional discussion. I'd like to make a
motion that we make Monday, January 19th, Martin Luther King's Birthday, an
official holiday of the City of Miami. At the same time we either not make,
in consideration for this, the day after Thanksgiving a holiday any longer in
the City of Miami, or ask the unions to withdraw them getting a holiday on
other holiday dates that we have.
Mayor Suarez: Problem is we can't do that because we cannot retroactively
change the terms of the agreement with the unions. We can express all we
want...
Mr. Plummer: Unless they agree to it.
Mayor Suarez: Well, right. And I presume that they're not going to come here
today and agree to it.
Mr. Plummer: Well, Joe, my immediate question is: how do you go back and
recoup the day after Thanksgiving Day?
Mr. Carollo: Well, J.L., you know, the way we should go about it we should
make Monday the 19th a holiday.
vg 5 January 14, 1987
r
Mr. Plummer: Agreed.
Mr. Carollo: But if the unions want to play this game that they think they've
got us over the barrel because we're going to do what a majority of the people
this community want and they're going to get a free ride, then I think we
should deal with the union in the right way. They had the opportunity, the
same way as the Sanitation Union did to make this a holiday. They decided not
to, for whatever the reasons are. Now, they think they've got us over the
barrel because they know we're going to make it a holiday and they're going to
get an additional eight hours without working. I don't think it's fair. I
think they should be willing to give up eight hours off another holiday time
or make up the difference in their pay - one way or the other. If they don't,
we should take it into consideration the minute we negotiate with them another
pay scale. And I don't give a hoot if whatever unions start threatening they
won't endorse this guy or that guy for the next election. This City is going
to be run by the people of Miami and it's not going to be run by a shotgun by
any union or unions.
Mr. Plummer: Joe...
Mrs. Kennedy: One second, because I am a new member of this Commission and I
don't see the logistics of how you make it retroactive.
Mr. Plummer: That's the point I'm making, Joe. This is in this year. They
negotiate this year a new contract for an additional period of time. Now that
holiday has already come and gone. How do you collect for that? You don't.
Mayor Suarez: Commissioner Dawkins.
Mr. Odio: Could I make...
Mrs. Kennedy: Yes, yes. I'd like an answer before we...
Mayor Suarez: Wait, wait. Commissioner Dawkins first and then the City
Manager.
Mr. Dawkins: I'm going to read from the minutes January 9, 1986.
"Mr. Dawkins: Mr. Mayor, I have one personal item
here. This is the second year that I have attempted
to get the Martin Luther King Birthday declared a
holiday by the City of Miami. As you are aware, Dade
County does it and we have a bargaining agency - the
SEA - Sanitation Workers' Union - who gave up benefits
in order to have that. So I would like to make a
motion for this year, and this year only, we declare
January 20th an official holiday for the employees of
the City of Miami. And the reason I say before I make
the motion, for this year only, it does not preclude
the bargaining agencies getting with the Manager to
determine whether they want their particular agents,
union or what -have -you to accept it or not."
Now we made that arrangement, OK? The sanitation workers bargained away 3% of
their salary in order to honor Martin Luther King. Over the four-year period,
that's $900,000 they're sorry that they gave away in order to honor Martin
Luther King and now, as .Joe said, and I have to agree with Joe, I don't feel
that the bargaining agents bargained in good faith or ever intended to accept
this day because they made no - and I have the minutes of everything and I
will sit down with them and let them show me - that they ever intended to
accept this day unless, as Joe said, we give it to them for nothing.
Mayor Suarez: Commissioner. By the way, the City Manager had informed us,
during the day - at least myself, and I presumed the rest of the Commission -
that the cost to the City if we just declared it and gave the day off and
later figured out whether we can get the compensation and concessions back
from the unions would cost about $200,000. Is that a fair estimate?
Mr. Odio: Between two to 250,000, yes.
Mr. Plummer: I got the same information from the morning Herald.
vg 6 January 14, 1987
Mr. Dawkins: Well, I'd like to say - and I'm going to say it publicly and I
want anybody who does not believe me to call my office - Wednesday and
Thursday I received 283 calls demanding that I make Monday a legal holiday.
Now why didn't those 286 people get on their bargaining agents and tell the
guys who are bargaining for them we will accept nothing but this date. Why
pick on us? You are paying the people in your union to bargain in good faith
for you - bargain. And if you're so damn interested in Martin Luther King's
birthday, that's where the fight should have been. When your union came back
and said we don't have it, those of you who called my office should have
called them in and said: "look, I am very disgusted with you. I'm not angry
with the Commission. I'm angry with you because you didn't come up with the
date."
Mayor Suarez: My feeling is that the people of Miami were not directly
involved in the bargaining of these agreements with the unions. Tile people of
Miami understood that we were declaring Martin Luther King Day as a holiday,
assuming that that meant that the employees would get the day off and if it
costs us $200,000 to redress that misunderstanding, so be it. We have also
bargained with the City of Miami over the last 14 months a reduction in the
total expenditures of. the City of: Hiami of about $15 million in each fiscal
year and we ought to go on record - and I hereby go on record - as being in
favor of this holiday if it costs us $200-250,000. Needless to say, and this
I'll tell to the unions, for myself that I will be looking to get some
concessions back, get hack a floating holiday from those unions that
previously did not have this holiday and otherwise being as tough as we have
been at the negotiating table. But we ought to make this a holiday and if
we've made a mistake that will cost us $200,000, so be it.
Mr. Dawkins: I have no problem with that. All I am saying is - and I'm going
to say it here - when you give it to the total Miami workforce what are you
going to give back to the sanitation workers who lost $900,000 in salary as a
penalty for wanting to honor the man who lost his life fighting for sanitation
workers? What are you going to give them to compensate them for the $900,000
they lost?
Mr. Plummer: You know, waiting for your answer, I've got to say, in all
honesty, I've been on this Commission for 17 years and you know what we're
doing? We're getting back into the old posture of negotiating at the
Commission table. That's what we're doing. I want to tell you something.
Ladies and gentlemen of this Commission, it was not an easy time and it wasn't
the best for these people. I'm telling you that what we're doing here today -
let's go ahead and eliminate labor negotiations because once you start there's
no end. What we're doing, we're renegotiating contracts here today, or trying
to, or in some way alter a contract. Now, I lived through those days and I
don't think if you knew what they were that you would want to do it. We have,
whether you like it or not, and I'm sure that negotiations are an adversary
position and we pay Mr. Mielke to be a bad guy on our side and they have their
bad guys, and they go to the table. Normally, I always see them walk away
shaking hands, which is great - that's the spirit - but, damn it, I don't want
to see us getting back into the posture of negotiating at this Commission
table.
Mr. Dawkins: I don't either, J.L.
Mr. Plummer: I think it is a disaster for the City.
Mr. Dawkins: I don't either, J.L., but when you sit up here, one year ago,
and say you're doing something and why you're doing it and nobody hears you
and then everybody goes out...
Mr. Plummer: No, no, they did hear us, Miller. They did. There's no denial
on anybody's part that in GSA, Police and in Fire that they did talk about it.
They did. They recognized what we said. You didn't? All right, I stand
corrected.
Mr. Dawkins: No, they didn't.
Mr. Plummer: OK. I stand corrected.
Mr. Dawkins: Go ahead, come on, go ahead!
vg 7 January 14, 1987
Mr. Plummer: But what. I am saying is they did address it and they had the
opportunity in negotiations to, in fact, go and to address that issue
specifically. Let's remember that. last year we gave them all a 280,000 - I
think with all, because at that. time the sanitation had not negotiated it
Mr. Dawkins: Yes, they had.
Mr. Plummer: At that. time...
Mr. Dawkins: They've been - four years.
Mr. Plummer: Then $200,000 we gave an absolute gift of $200,000 with the full
instructions that yoii've gotto negotiate it. That's why I want to hear from
the two parties involved.
Mr. A. G. Sherman: (OFF MIKE) No, you can't, you can support it, but I'm
going to tell them...
Mr. Odio: The ASFHE, contract was not reopened this year. I have to be
honest. The ASFME contract was only reopened on five items on the contract
and therefore they could not negotiate this holiday, Commissioner Dawkins and
the rest of the Commissioners.
Mr. Plummer: That's fine, that's fine.
Mayor Suarez: As to the general employees, most of the comments that we have
made regarding the negotiations do not really apply. Go ahead, A.G., you want
to make a statement?
Mr. Sherman: Right, well, we take exception because I think it's being
directed at all the employees and the people that probably have called Mr.
Dawkins may be a lot of our membership but we have not had the opportunity to
go to the table and negotiate that. When we do we will make that a part Of
our collective bargaining.
Mayor Suarez: It sounds like you're going to have plenty of opportunity to
negotiate this issue in the future, either way that we vote today.
Commissioner Kennedy.
Mrs. Kennedy: Let me also state my views. I'm fully cognizant of the fact
that the City of Miami is not a bottomless pit. I know that this will be a
great financial hardship, but I also know that our greatest resources are our
people and by not giving them this money we are again ignoring the legacy
which Dr. King left behind. I also hope that cool heads prevail and that the
administration and the unions can come to a reasonable agreement and something
that is equitable for everybody.
Mr. Plummer: Well, how about a motion? Let me try this on for size.
Mayor Suarez: Let me assume that the other motion did not get a second. OK,
Commissioner Plummer.
Mr. Plummer: Mr. Mayor, two things...
Mr. Dawkins: Hold it, hold it, hold itl
Mr. Plummer: OK.
Mr. Dawkins: I'm not voting on no motion that makes Martin Luther King
Birthday a holiday; it's already a damn holiday.
Mayor Suarez: Yes, we've got that.
Mr. Plummer: Whether or not the City employees...
Mr. Dawkins: What I'll vote on is whether we going to give the City of Miami
employees off.
Mayor Suarez: Right.
Mr. Dawkins: It's already a holiday. All right, now let's go from there.
vs 8 January 14, 1987
,V&
Mr. Plummer.: Mr. Havor, in the interest of fairness, I think that the holiday
should be - and i thini< a motion couched in such words that says: that this
Commission authorizes thr. City Manager to have the authority to grant that
holiday to City employees who have not previously negotiated in return for a
like value concession on their- hart, period. Now, what I'm saying is that if
they want the holiday they can do it but they've got to give up something for
it and I think that's exactly what: Joe was saying and I think that's what
Miller was saying. We give them tine right and if they want to they've got to
come back in and vivo a concession.
Mr. Dawkins: But I think we have to get the public to understand, J.L., that
the City is recognizing the holiday and that the City is going to - it is a
holiday. But the City dons not intend to penalize the sanitation workers who
gave up $900,000 and let. somebody else walk on free. That's my feeling.
Mr. Plummer: Well, Miller, I agree with you...
Mr. Carollo: That's why I think he's making the motion the way that he's
ma'ting it.
Mr. Dawkins: 1•7ell, put it in the motion because when people read the motion
they don't know what the troll we're talking about.
Mr. Plummer: Well, you see, I have to tell you that the public must recognize
that this Commission felt that important last year and gave $200,000, free,
without any negotiation, 1 mean, how much more free can we give to make the
public recognize? And I'm couching it in such a way that says that, like you
say - what was it? - the 286 phone calls? - we'll have to prevail on the
unions and they'll have to call a ecial meeting, like we did today, tonight,
or tomorrow night - and see if their union wants to ratify it. You know, it's
up to them.
Mayor Suarez: I can't vote for it because I can see us reaching Sunday and
being back where we started. I.et me say one other thing. You, I think,
correctly stated, Commissioner Plummer, a history where certain concessions
were made that were not wise to make and that the City perhaps didn't even
have the money to grant and certain fiscal policies taken that were unwise.
But we've had a situation, for example, in the Police Department where a
budget was approved by this Commission and that the Police Department was
functioning under that budget and a death took place, a tragic death of an
individual which forced us to reconsider the number of police vehicles that we
have out there and to allocate an unexpected, unprecedented million dollars
for additional vehicles. In the same way I think the community suffers a
little bit, if not dies a little bit, when this kind of confusion is created
to the effect that the City of Miami is not having Martin Luther King as a
holiday and not paying the employees, as Commissioner Dawkins said, because
that's really what we're talking about here today and if it costs us $200,000
because of that oversight, so be it. We have saved, as I stated, close to $15
million in one fiscal year and we can afford it. Later, later, I'm sure we'll
get back to the unions and ask to have them make the appropriate concessions.
There's no possible way that that can be worked out, although we have a
guarantee that that will be worked out between today and Monday.
Mr. Plummer: Mr. Mayor, are you also saying, then, you're going to compensate
the sanitation workers for what they gave up?
Mayor Suarez: They will get the same amount of additional - yes, they will
get an extra holiday that they can negotiate back with us, too. We'll remind
them of that next. year. Every year they're going to want more, anyhow, so
we'll be...
Mr. Dawkins: We got. a anion representative over there trying to say... Are
you guys trying to say something before we close this out?
Mr. Carollo: I should think that some of the unions are now willing to give
up another day, like the sanitation employees' union did. It's not fair.
Just because of the City of Miami has saved some monies, doesn't mean that we
should not be careful with how we spend our monies. We have one of the
highest tax rates, not only in this County, but the whole state of Florida.
We're almost at our peak with our millage and if we're just going to give over
a quarter of a million dollars - and actually that's what it's going to come
to, if we're going to reimburse, rightly so, the sanitation employees' union -
vg 9 January 14, 1987
0 0
apparently we're looking at ovrr $300,000, instead of giving that to employees
that their union slid not cent to pick that day off like another union did, I'd
rather spend that money in Liberty City, in Overtown, in day care programs, in
meals for the boor, in housing, than in employees that had the same option
that the sanitation employees' union did of getting paid for that day so they
could take it off and decided they didn't want to.
Mr. Plummer: Mr. ttayor, my motion still stands and whenever it's
appropriate - my motion - T will make it in the form of a motion.
Mrs. Kennedy: l want t.o come back to your motion later, but Commissioner
Dawkins, who has hecn here longer than I have, has suggested that I read into
the record part of my statement which was very long when we discussed this
last year. The end Dart c:,as: "The decision of Martin Luther King's birthday I
was told might cost the Citv abort $163,000 but the value of giving one-third
of our citizens cannot reall;, be measured in dollars and cents. Today, I
think, with a favorable vote, we are telling our Black brothers and sisters
that this City Commission, where the majority of its people are of Cuban
origin and are not Black, understand their pride in honoring a great man. So
I am very grateful to have the opportunity to show that one does not need to
be of any ethnic group to recognize the feelings and the needs of our
community."
Mr. Dawkins: I make a motion...
Mr. Plummer: Wait a minute. Let me correct that, now - not correct it, let
me go further.
Mrs. Kennedy: OK.
Mr. Plummer: Yes, we did all agree - I think it was a unanimous vote - five
members - to give that $163,000 last year in return for the promise that this
year it would be part of negotiations. It wasn't that we were just giving it,
period, amen, it's given.
Mrs. Kennedy: OK, going back to your motion...
Mr. Dawkins: I make a motion...
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I make a motion that the City of Miami employees be allowed the
day off to observe Martin Luther King's birthday and that the members of the
employment force of. the City of Miami make sure that you make your union
representatives aware that you want this day so that your union
representatives can come back to this Commission and tell this Commission that
its members are thankful that they ratified it and what you're going to do
about it. That's my motion.
Mayor Suarez: 1 second the motion.
Mr. Plummer: OK, under discussion. Where are we, then, are you saying that
we're giving them this year another additional $200,000?
Mr. Dawkins: Unless somebody can tell me another way to do it.
Mr. Carollo: There's no mention in the motion...
Mr. Plummer: That's what my motion did. It gave the option to do it.
Mayor Suarez: But we take...
Mr. Dawkins: OK, hold it. I withdraw my motion. State your motion again,
J.L.
Mr. Plummer: My motion was that we, the Commission, through the normal
channels, authorize the City Manager to give the city workforce who have not
previously negotiated, the Martin Luther King holiday the right to have that
day off. In return they give a concession worth the same like amount of
money.
vg 10 January 14, 1987
Mr. Dawkins: T %.,il l F�o along with the motion if you change the word to "fail
to" and not "try to".
Mrs. Kennedy: I need to asl:.. .
Mr. Plummer: Fail to?
Mr. Dawkins: See, you saying that the bargaining unions tried to negotiate
and didn't. I'm saying that they failed to negotiate.
Mr. Plummer: That's obvious on its face and I have no problem with saying
that it failed berause it's not a part, so I have no...
Mr. Dawkins: I want. it in the ininut.es, so when I pull the minutes and read it
I know what I'm reading.
Mrs. Kennedy: OK, under discussion. Madam City Attorney, what are the
legalities of this? Do we have any problems?
Mrs. Dougherty: I assi:me from the motion is that you are authorizing the City
manager to open the contract and if they fail to agree then you don't have the
holiday. Is that the census of your motion?
Mr. Plummer: It's 111) to them. We're saying that we're agreeable but we're
saying that you've got to give something as the sanitations gave.
Mr. Dawkins: But you :gee, J.I... , I cannot go back in my community with some
bullshit where if, and, or but. When I go out there I've got to tell Black
people it is a holiday or it. ain't. I can't tell them that the City
Commission said "it. %,is if your union..." That won't work in my community.
Now, it may work in your community, but it won't work in my community.
Mrs. Kennedy: I feel the same way.
Mr. Dawkins: And that's the only reason I can't vote for it. I'm with you a
hundred percent. I understand what you're saying.
Mr. Carollo: But I think what we're missing the point is: number one, this
Commission has acted not only responsibly but as the majority of the citizens
of this community feel in making Martin Luther King's birthday a holiday,
number one. Number two: we were more than willing to give that day, that
holiday as paid to the employees. One union decided to give up a lot in
return for getting that holiday off, with pay - that's the sanitation
employees' union.
Mrs. Dougherty: Mr. Mayor...
Mr. Carollo: The other unions decided they weren't going to do that so I
don't think it's fair to put this Commission, the citizens of this community
that pay taxes on the spot for some unions that did not want to take that day
as a holiday. What we're doing is again giving employees that did take up
that option a freebie, a freebie that's going to come out of the tax pockets
of every resident of this city - black, white, blue and in between.
Mr. Dawkins: The only thing, Joe, is, being a union man myself, the union -
all it has to do is say "yes" and they've got to hold a referendum. The
membership has to vote and this could draw out - I mean, some guys could just
refuse to vote until Monday or Tuesday, and so the bargaining agents are
willing to negotiate but you got some people out there who would just gum this
up just to be gumming it up. You want to hear from him and then I'll make a
motion?
Mrs. Kennedy: I would like to ask Bob how about the clause where you don't
reopen the contract.
Mr. Robert Klausner: There's a zipper clause in the contract. Even if the
contract permitted us to do what you suggested, the State law requires greater
notice in terms of an advance notice for a vote, which Commissioner Dawkins
properly recognizes would be required, it would take us beyond the holiday
itself. We couldn't even have a lawful ratification vote on whether to change
the contract in this regard until the holiday was over. The earliest date we
could have it, according to the State law, is Tuesday.
vg 11 January 14, 1987
Mr. Dawkins: That's what 1 want the people in the Black community to
understand.
Mr. Klausner: If I may, I'd like to comment on this whole thing because I
have the privilege of negotiating for both the general employees and the
police union. For the record, Robert Klausner. My business address is 28
West Flagler Street.. A couple of things are important that have been said. I
wanted to start with something Commissioner Carollo said about endorsements.
At one time or another, these two unions - ASFME and the FOP - have endorsed
everybody who's sitting up here. And we didn't endorse you because of
contract claims, wc, endorsed you because we thought you did what was best for
the community. That's always the reason...
Mr. Dawkins: Let me clear up here - one time you endorsed me and gave my
opponent a thousand dollars. Go right ahead.
Mayor Suarez: Bob, could you avoid the issue of endorsements at this point -
see if we can resolve this question?
Mr. Carollo: Now you know - next election, give Miller the thousand and
endorse the opponent.
Mayor Suarez: Please don't. get into the endorsements.
Mr. Klausner: Brit wlin put elected, tiller. The endorsement was worth more
than the thousand.
Mr. Dawkins: 0K. Thant: voci.
Mayor Suarez: What. Commissioner Carollo said is that we're not going to get
into that issue and that's not relevant to our determination so now you...
Mr. Klausner.: Fine, and I don't want you to think that that's why we're here.
In fact, I'm not even sure flow this all got started, myself, but I want to
make a suggestion, if. I might. We enter negotiations - ASFME and the FOP -
enter negotiations with the City for successor agreements beginning this
spring. In fact, in about two months the reopen or provisions become
effective, and I've had some discussions with the Manager, I've had some
discussions with Mr. Mielke and I've had discussions with my clients and we're
all in agreement that we're going, to have to be talking very seriously about
the labor costs in general - notjust holidays, not just Martin Luther King's
birthday, or any other particular item, but labor costs in general. We
believe - the FOP and ASFME - that a holiday to honor Dr. Martin Luther King,
Jr. is important. Our two unions lobbied on the national level for the
creation of this as a national holiday and we also think on the local level
it's also important. We're also talking about unions that have extremely - we
both have majority...
Mayor Suarez: Just to clarify, we're talking about a paid national holiday,
right?
Mr. Klausner: Sure.
Mayor Suarez: Thank you.
Mr. Klausner: Whether it's paid or not, I don't know how you honor someone by
a holiday unless you close your place of business, and I don't think you can
differentiate between Columbus, or George Washington, or anybody else that
Congress has chosen, or the people have chosen.
Mr. Plummer: But the day after Thanksgiving is not honoring anybody. That's
a freebie. Sixteen hours of floating time is a freebie.
Mr. Klausner: J.L., all I can say to you is this that whathever you determine
to do, we think the holiday is appropriate. What you determine to do
economically at this point is your decision - not ours, yours. But I tell you
this, and I told the manager, that you have my good faith promise - and after
ten years of dealing with you I think that's worth something - that when we go
to the bargaining table in the spring that that's going to be reflected, that
whatever you decision you make is going to be reflected in our demands.
vg 12 January 14, 1987
Mr. Plummer: Yes, but you see, here's where ... we're not making the decision
here today. You, as the negotiator for your client, made that decision back
with the contract.
Mr. Klausner: Well, you know, if you want to...
Mr. Plummer: At that. time... no, no, you had the opportunity, your clients
say that it was put. on the table and you had the opportunity, at that time,
and what you said to this Commission and to the people of this community is
that, as to your negotiations, that was not of the highest priority. Now,
what I'm saying is this Commission is being put over a barrel today. We
didn't make that derision. Let me read you from last year's minutes - or
January of last year. We said at the time that we gave the $163,000 as a
gratis, no questions asked, no bargaining - OK? - we said at that time, we put
all these things in for a one year only. We said that last year.
Mr. Klausner: Do you know when the last time we bargained with you was, J.L.?
Prior to the time that. Martin Luther King's birthday became a national
holiday.
Mr. Plummer: Excuse me, Don Teems says in the minutes: "we had it on the
table two years ago. The City of Miami has never offered Martin Luther King's
birthday in lieu or any other benefit."
Mr. Klausner: FIe .N-crn reminded at that time that it was not a national
holiday.
Mr. Plummer: But I'm saying that, according to Don Teems in the minutes - I'm
reading from the minutes - lie said it had been on the table two years
previous.
Mr. Klausner: Do you know why it was on the table? Because the unions
requested it.
Mr. Plummer: Fine. Fine, but what I'm getting at is, you know, understand
me, we're not making that decision today. That decision was made when those
contract were accepted and ratified.
Mr. Klausner: You're suggesting that whatever decisions are made at the
bargaining table are those of the employees alone. It takes two to tango.
Mr. Plummer: That's correct.
Mr. Klausner: And the City Commission makes determinations also.
Mr. Plummer: We agreed to it because we were told - and I think Miller
Dawkins was the one who asked every union representative: "Are you $ h a p p y and
can you live with this contract?" He asked them that on the record and the
answer was "yes".
Mr. Klausner: The answer was probably "yes" to the second question.
Mayor Suarez: Bob, let me just clarify for those of you who are here, and for
the unions. The issue of $200-250,000 which, regardless of how this vote
comes out, we intend to raise, as you can expect, in the upcoming
negotiations, whenever they happen to be.
Mr. Klausner: I'm sure.
Mayor Suarez: It's going to be a small negotiating issue in terms of the
overall amount of money compared to the issues that we discuss every time we
renegotiate your contracts. We're talking about millions of dollars and,
believe me, we'll have this one in mind.
Mr. Plummer: Well, Mr. Mayor...
Mayor Suarez: Even if we
were to
vote, as I feel
we should, to go ahead and
pay for the holiday, this
is going
to be an item on
the agenda and this is not
going to make Lis or break
us, but
the unions will
be made aware of the fact
that we have to do it this
way and
whoever's fault
it may be...
vg 13 January 14, 1987
Mr.
Plummer:
Mr. Mayor, since there's
no motion on the floor, with a second,
I would like
to make a motion .it this
time that all further negotiations by
this
City will recognize, accept and give
City workers off the Martin Luther
King
Day and
that it tnl;st be negotiated
but this City will demand that it must
be a
holiday
and part of negot.intions.
I make that in the form of a motion.
Mrs. Kennedy: 5nco:id..
Mr. Plummer: Thnt from this dnv forward.
Mayor Suarez: OK, now wr got. three motions on the floor.
Mr. Plummer: No, notin of them have it second.
Mrs. Kennedy: No, the others died.
Mayor Suarez: All of which have been seconded. Yes, Commissioner Dawkins's
motion was seconded by myself, unless lie withdrew it.
Mr. Plummer: I'm snrrv.
Mr. Carollo: Therc'-z ene that J.I.. made that was seconded.
Mrs. Kennedy: I seconded it..
Mayor Suarez: OK, Commissioner Dawkins, did you withdraw your other motion,
or is it still on the table?
Mrs. Kennedy: No, he withdrew it.
Mr. Dawkins: Make your motion, again, J.L.
Mr. Plummer: My motion, at this time, reflects that from this day forward
that that will be a City workforce holiday, nonnegotiable. In other words,
that is going to be a holiday, it's going to be in the contract and recognized
for its value, but it's not negotiable.
Mr. Carollo: Are you incorporating this motion to your previous motion?
There was a second.
Mr. Plummer: Not to the present. For future contracts.
Mr. Dawkins: The part that I don't understand...
Mayor Suarez: But that doesn't solve this year's problem.
Mr. Plummer: I understand that, but it speaks to the future.
Mr. Carollo: J.L., you had a motion before that was seconded.
Mrs. Kennedy: This is the first part.
Mayor Suarez: Right, and that motion has been seconded and I don't think
there's any problem in anybody's mind with that motion. We intend, fully, to
do that in the future.
Mr. Dawkins: But., J.I.., what are you saying, J.L.?
Mr. Plummer: Let me tell you what it doesn't satisfy. For example, one of
the unions...
Mayor Suarez: It doesn't solve this year's problems.
Mr. Plummer: No, no, one of the unions comes back and say: "We don't want
that in our contract." And they don't ratify it. We're saying you've got to
ratify it.
Mayor Suarez: They wantit in there, we've paid for it, we'll take something
else for it now.
Mr. Dawkins: Yes, but ratify it... I mean, we're going to get into a
hassle... OK, we're saying it's got to be ratified. Are you saying that we
expect equal value in return?
vg 14 January 14. 1987
Mr. Plummer: Exact Iv. Exact Iy.
Mayor Suarez: I havn n(� probiem with that for the future. It doesn't solve
this year's proble-ri.
Mr. Dawkins: 'ins, it dn ;. Go ahead, Dean. Dean, you want to say something?
That's our own labor advisor, no let.'s hear what he has to say.
Mr. Plummer: Ali I'm sa"* is we're mandating to the negotiator, our
negotiator, that that must be there, it must be accepted, it is not
negotiable, but .+- t-,ant_ a 1 ilce value back for it.
Mr. Dawkins: You can do .it. Hr. Hielke, can you do that?
Mr. Plummer: We can't instruct our labor negotiator? But we instruct the
Manager, I'm sorry.
Mr. Dean Mielke: To answer your question, you can't tell the bargaining agent
that you must do this. It.'s a negotiable item - much as I'd love to be able
to say to them man:' times: "you must do this."
Mr. Plummer: Are ynlr me that we, a City Commission, cannot instruct
our Manager that we want somcthing and it must be.
Mr. Mielke: You can instruct him to do his very darndest to get it in there,
but he can't flog them and say "you got to take it".
Mr. Plummer: So in other words, what you're saying is we've got to take the
chicken way out and just not ratify a contract if it's not in there.
Mrs. Dougherty: Yes.
Mr. Plummer: That's dumb! That's absolutely dumb!
Mr. Mielke: I didn't. write the State law, but I think Mr. Klausner will agree
with me.
Mr. Plummer: If that's the name of the rules of the game, then we've got to
play by that, then let's understand it. I don't understand how we can't
instruct our Manager that it's nonnegotiable and it's not in there. What
you're saying, the only control we, the five sitting up here, have is if it's
not in there, boys, we want you to know it's not ratified.
Mr. Odio: Commissioner, let me....
Mr. Plummer:
Wait,
wait, whoa! Excuse me, new motion.
We, the City
Commission of
the City
of Miami, will never again ratify a union
contract that
does not have
Martin Luther King recognized, accepted in giving
City workforce
off and, in
return,
a like amount of negotiated terms.
Now, is that
acceptable, Madam City
Attorney?
Mr. Dawkins: Is that legal?
Mr. Plummer: You're not the City Attorney.
Mr. Odio: I want to ask a question. Can I ask a question?
Mr. Plummer: As soon as I get my answer, you can ask your question,
Mr. Odio: Why don't you just instruct...?
Mr. Plummer: Can I get my answer?
Mr. Odio: Can I ask a question?
Mr. Plummer: I asked a question, can I not have an answer?
Mayor Suarez: Who do you want to answer it?
Mrs. Kennedy: I.et the City Attorney...
vg 15 January 14, 1987
r
Mr. Plummer:
Thc, City
A!Jorncy
- is that legal?
Mrs. Kennedy:
l,r,t tiir
City
At.t.orney handle this first.
UNIDENTIFIED
SPi?A!;i(k:
'Ic
�,ay!
Mrs. Dougherty: Tlic %oa,. to handle this is your farmer motion instructing the
City Manager to :nnl:r ',lint a negotiable item and don't come back with a
contract unless lie hrir it in there. You can't demand...
Mr. Plummer: OK, well it's the same thing. That's fine.
Mr. Dawkins: Say it aCn in, say it. Lucia, how it should be said.
Mr. Plummer: Don't brinp, back a contract if it's not in there.
Mr. Odio: You sliolild instruct me to negotiate...
Mrs. Dougherty: 'ron'rn inst ruct .inL; the City ',Manager to negotiate a contract.
Mr. Odio: ...a contract that will have the 14LK holiday in it.
Mr. Plummer: No, no, no. One step further - and don't bring back the
contract...
Mayor Suarez: And a corresponding concession.
Mr. Plummer: ...for ratification if it's not in there. Did you not say that?
Mr. Odio: Did you say that?
Mr. Plummer: I'm assuming what she says is legal.
Mayor Suarez: That's fine for the future, and I'll vote for it, but it does
not solve this year's problem.
Mr. Plummer: Well, I call....
Mr. Dawkins: Let's gct, rid of that and I'll make the motion.
Mrs. Kennedy: Let's take a vote on it.
Mr. Plummer: All right, I make that in the form of a motion.
Mayor Suarez: That motion's been seconded. Any further discussion on that
motion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-71
A MOTION INSTRUCTION THE CITY MANAGER TO MAKE THE
OBSERVANCE OF MARTIN LUTHER KING'S BIRTHDAY AS AN
OFFICIAL. CITY OF MIAMI HOLIDAY A NEGOTIABLE ITEM IN
THE NEXT SCHEDULED UNION NEGOTIATIONS, MAKING SURE THE
CITY RECEIVES A LIKE VALUE IN RETURN; FURTHER
DIRECTING THE MANAGER NOT TO COME BACK WITH A CONTRACT
FOR RATIFICATION UNLESS MARTIN LUTHER KING IS IN IT AS
AN OFFICIAL CITY OF MIAMI HOLIDAY.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote-
vg 16 January 14, 1987
AYES: Conrni::::i<,r^r Joe Carrllo
iIi l lr'r Dawkins
Kennedy
Vice-tko,,or J. L. I'inrnmer, Jr.
Haver Xx. i^r L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: idea%', what are we F,oing to do about this year? Commissioner
Dawkins?
Mr. Dawkins: I mnkc n motion that we declare Martin Luther King's birthday -
it's already a hol.idn.' - l make n mot .ion that we give the workforce a day off
this year to observe '-Iart in Luther King's birthday.
Mayor Suarez: . cconr! t.!t;rt m!-,t. ion.
Mrs. Kennedy: I second.
Mr. Plummer: Questions.
Mayor Suarez: We got two seconds.
Mr. Plummer: Question. What are you doing in reference to the sanitation
workers?
Mr. Dawkins: I wmiId...
Mayor Suarez: I ' I I give them the right to claim a concession equivalent to
that.
Mr. Dawkins: t•]hnt is that. thing - the rule of what, now - the governor's
what? What's thing if we give someone some money you all can get it? What
you call that?
Mayor Suarez: Parity.
Mr. Plummer: No, no.
Mr. Dawkins: No. Dean, they don't want to answer. What you call that, Dean,
when...?
Mr. Plummer: Favor the nation.
Mayor Suarez: We call it....
Mr. Plummer: Favor the nation.
Mr. Dawkins: All right, then, make it save the nation.
Mayor Suarez: No, most favored nation, but it's really parity, but...
Mr. Dawkins: Hold it, then, let's make sure we get everything in the records.
I make a motion that the City of Miami workforce receive Martin Luther King
Birthday off as a paid legal holiday...
Mayor Suarez: This year.
Mr. Dawkins: ...this year and that the sanitation workers receive in lieu of
another day off.
Mrs. Kennedy: Second.
Mayor Suarez: Thirded.
Mr. Odio: Could you make that an option, or a day's pay?
Mr. Dawkins: No, I ain't going to give up no money.
vg 17 January 14, 1987
Mayor Suarez: `oll mean for the sanitation workers, because they already get
that?
Mr. Odio: Supl,n:c t hev want to work and we can pay them? If they opt to.. .
Mr. Dawkins: IIolcl it, hnld .it, hold it.! What you recommend, Mr. Manager?
Mr. Odio: I recommend that we say an option to an extra day off or pay.
Mr. Dawkins: OK, all right.. I'll accept that. That's my motion.
Mr. Plummer: Are you alsn - under your motion now - I want to tell you I've
heard - are you nlro ready and prepared to speak to Yom Kippur and to Jose
Marti?
Mr. Dawkins: If Yo:n l:ippi:r got. a great leader like Martin Luther King or was
a Black folk, yes.
Mr. Plummer: No, no, no. I'm asking.
Mr. Dawkins: I'm telling you "yes", I'm with you. I'm telling you "yes". Go
ahead. Who's next?
Mr. Plummer: OK, all right. Very good.
Mayor Suarez: Can %,e hare...
Mr. Plummer: Mr. Manager, the cost factor, including sanitation, is now up to
how much?
Mr. Odio: Sanitation is approximately $32,000 for the day.
Mr. Dawkins: OK, let me ask you a question. How much did they lose in the
last ten years in negotiating in salary?
Mr. Odio: Commissioner, I know...
Mr. Dawkins: I mean the sanitation workers. How far were they behind
everybody else?
Mr. Odio: I'll say this, they have been behind in pay to everybody else.
Mr. Dawkins: So anything you give them, they deserve it. Would you say that?
Would you say that's a fait- statement?
Mr. Odio: Yes, we did.
Mr. Dawkins: OK, thank you.
Mr. Odio: In this lasr. contract we tried to correct it by the bonus payment
that we made.
Mr. Plummer: Excuse me, using Commissioner Dawkins's number that they
negotiated away in a four-year contract $900,000 for the Martin Luther King
celebration, Mr. Manager, four years into $900,000 doesn't work out.
Mayor Suarez: No that doesn't work out, doesn't work out, obviously.
Mr. Plummer: Obviously, and that's the question.
Mr. Dawkins: They gave up three percent each year.
Mr. Plummer: OK, the question...
Mr. Dawkins: And what's that - and their salary and their budget is $32,000.
Figure that out at. 3% a year.
Mayor Suarez: Thirty-two million.
Mr. Carollo: I call the question.
vg 18 January 14, 1987
W t
Mayor Suarez: We havq t.wo motions that have been seconded, pending, the
second one goes first. sc, t.hat's Commissioner Dawkins. Let's take a vote on
that.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-72
A NOTION THAT THE CITY OF MIAMI'S
WORKFORCE RECEIVE
MARTIN
?.i;'I'?IRR KING'S
BIRTHDAY
OFF AS A PAID LEGAL
HOLIDAY
THIS YEAR, AND
THAT THE
SANITATION WORKERS BE
GRAh!T"T
I'll}; nfTION OF
CHOOSING
AN EXTRA DAY OFF, OR
MONFTAit';
G�1;1'EtJS,^TIU1J,
IN LIEU OF SAID HOLIDAY,
Upon being, srcnndrei by Commissioner Kennedy, the motion was passed and
adopted by the ,-ot.c-
AYES: Commissioner .Ioe CIrc)llo
Commissioner Hiller J. Dawkins
Commissioner Rosario Kennedy
Vice-tfavor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Nonc.
DURING ROLL CALL:
Mr. Plummer: I'm roing to vote yes. I don't like it.
Mayor Suarez: 1 don't believe this first one needs to be considered, so we
have resolved that particular issue for now. I don't think we need to hear
from anyone out there unless you're going to say you disagree with what we've
done.
Mr. Plummer: Wait a minute, what motion passed?
Mayor Suarez: Commissioner Dawkins's motion passed.
Mr. Plummer: OK.
Mayor Suarez: If. you want to make a statement, anyone who's in favor of this
happening and risk losing momentum, as we always tell people.
Mrs. Kennedy: In other words, quit while you're ahead.
Mr. Ken Nelson: Well, for the record, I'll risk ...
Mayor Suarez: We particularly don't want to hear from the police officers'
union, but at your risk...
Mr. Nelson: I'll risk losing momentum. For the record, I'm Ken Nelson,
President of the FOP. Just make sure the record's clear. We want you to know
that if you take a look at what you did in the past 45 minutes and all the
great deliberations you had, you could just imagine what we did in over eight
months' time. It was a very important holiday to us and I think we can't
point the blame or the fault in any direction. I think, unfortunately, it's
something that slipped through thc: cracks, not intentional. But one point I
would like to address that. Commissioner Carollo gave and that is, you guys are
the ones who are in power. We are not. We recognize that. Our principal
purpose here is to facilitate the working relationship between our employees
and the City. We're not out to try and ruin the City and I hope that somebody
has that opinion that, you know...
Mr. Carollo: Ken, we're elected, not necessarily empowered. There's two
different things.
Mayor Suarez: You keep saying you don't have any power, but that's not the
impression we get a .lot of times, here.
vg 19 January 14, 1987
Mr. Nelson: 41e1I, i 1,now I'm not running the City or the Police Department,
so...
Mr. Carollo: 1 wonder who the heck is, then, you know, because we're
certainly not.
Mayor Suarez: Somet imcs -:e even grit that impression. A.G.?
Mr. Carollo.: 1! i, otr were saying, you know, I fAe1 like we
have been made t•r.r,c;a L a rye al l the union-, did not have this as a
paid holiday and h. :-.nor} ::•:r, re d from last year, when this Commission
paid, as an ext r:i 1 iri y, ,r 11,;rt in Luther King 's bitt.hday, we had agreed
that this Id : t, i.:t 1 '. the unions. Now, whatever happened it's not
this Commission':, f +ru 1 t and t h;it ' : what I want to make sure is clear. It
wasn't our fault ,i 1 nt o-ir:^?•:yes backwards.
Mr. Nelson: I at;rr,o- :•.ltIi vou, Commissioner. It wasn't your fault.
Mayor Suarez: That's right.. You don't have much power but you have
influence.
Mr. Nelson: And �•:e don't want to point any blame in your direction at all.
We negotiated a :,- r,t !,,i
:'- . l-te honored
that contract. We're not the
ones that
came forward to: ay.
i l^arned that there
was a special meeting at
2:30 and
that's the only r^ati n
-,ire, dentin here. I didn't call. your office.
I didn't
call Commissioner
the Mayor,
Commissioner Kennedy, or Commissioner
Plummer. We honor,xd
a (:(,nLt-a(L Lhat
we agreed upon and we're going
to wait
till next year. .r.'r
nol, trying
to point the blame in any
direction
whatsoever.
Mayor Suarez: Thant: you, Ken. A.G., last statement.
Mr. A.G. Sherman: Mr.
i•layor, members of
the Commission, A.G. Sherman,
President of
ASFPIE Local
1907, We resent Mr.
Carollo, Mr. Plummer's comments
and it seems
to be a referral of plural that
unions, when he's talking about
representing
clients, and
the referral that
we had the opportunity. We did
not have the
opportunity.
We were in the middle of a contract...
Mr. Plummer: A.G.
Mr. Sherman: Let me finish.
Mr. Plummer: I. stood corrected.
Mayor Suarez: Yes, as regards your union, that would not apply.
Mr. Sherman: All right, we were in the middle of a... Yes, but Mr. Carollo
still infers, and I think that's the sentiment that the people are getting.
On behalf of our local and our membership, we will negotiate this and in good
faith when it comes up to the bargaining session when we come in the spring,
but I don't think it is fair when you take the position that you have in
directing it at all the people because our people are concerned, as most of
our membership - not most of it, but a large portion are Black members and all
of our membership expresses concerns and we will attempt to negotiate and
achieve that as a holiday.
Mrs. Kennedy: 1-1r. May,.:r, let me just add something else that...
Mr. Dawkins: Movc. we adjourn.
Mrs. Kennedy: 111c11- that we..
Mayor Suarez: So moved.
Mrs. Kennedy: One last thing.
Mayor Suarez: Go ahead, Commissioner.
Mrs. Kennedy: I hope that we, as City employees, find the time to honor Dr.
King in a meaningful way and not _just find the time to go shopping.
Mr. Plummer: And Willy Simms, I'l.l live to wait for you another day!
vg 20 January 14, 1987
• rt
Mayor Suarez: This Commission is adjourned. Thank you very much everyone.
THERE BRTNG NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETTNn WAS ADJOURNEn AT 3:59 P.M.
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
M A T O R
fI
I
* INCORP���R:\TEI)
18 96
vg
21 January 14, 1987
CITY OF MIAMI
DOCUMENT INDEX
MEETM DATE; JANUARY 14, 1987
PAW 1 OF
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