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HomeMy WebLinkAboutCC 1985-03-07 Minutes4 CITY OF MIAMI COMMISSION MINUTES OF MEETING HELD ON - MARCH 7, 1985 (SPECIAL) _ PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 7th day of March, 1985, 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. The meeting was called to order at 3:45 P.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre Randolph B. Rosencrantz, City Manager Lucia Allen Dougherty, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Mayor Ferre who then led those present in a pledge of allegiance to the flag. Mayor Ferre: Good afternoon, ladies and gentlemen. This is a special City of Miami City Commission meeting for the purposes of voting for the selection of a city manager. I would like, to at the outset of this whole process, in the interest of avoiding any future misunderstandings with whomever is chosen manager, propose that before we choose, that we set some basic guidelines for the employment of this individual, whomever, he or she may be. In the first place, I think we should pass a resolution that would state the intent of this Commission so that there is no offense after the first name is chosen so it is not personalized to that individual. That the pension plan that should be used should be a standard pension plan, in the industry or in the area and should be paid to a bonafide pension fund and not in any way paid to a bank account or anything other than an existing bonafide pension fund. Secondly, that vacation or time off for the City Manager cannot go side by side with trips on city business. If it is to be done that way, it can only be done with the specific consent of the city of miami commission before the individual takes that time. Three, that all traveling, all entertaining, all representation of similar types of expenses for the City of Miami be reported on a monthly basis to the Comm- ission, rather than in departments. I think it is no secret that in the past we have had the situation where many expenses that were incurred by the administration and I am not referring to one manager, but several, were sometimes put into other departments or to other operating expenses. I think that the City of Miami, and I think it should be sent up front before we choose a new manager, that whoever the new manager is should make a monthly report as to all expenses incurred in traveling, entertaining or representation of the City of Miami. Lastly, with regards to life insurance. That if a life insurance policy is taken on the city manager, that the City, if the city is Mayor Ferre: (Cont'd) --in any way paying a portion of it, and is the beneficiary in a portion, that the City be the owner of the policy and that the possession of the policy be within the City of Miami. I would just like to formalize those four points in the form of a motion. Mr. Plummer: Mr. Mayor, would you delineate clearly, you say the insurance policy owner --- Mayor Ferre: The life insurance, the ownership, not the bene- ficiary. Mr. Plummer: You did not speak to that. That is why I am asking you to clarify on the record as to the beneficiary. Mayor Ferre: Whoever the Manager is and if the manager wishes to pay for 50% or there is an agreement, as there was in the past on a 50% beneficiary to the survivors of the managers family, 50% to the city, that the possession of the contract, the insurance policy be in the hands of the City of Miami and not the individual. I so move those four points. Mr. Carollo: There is a motion, is there a second? Mr. Plummer: I second. Mr. Carollo: There is a motion and a second, any further discussion? Mr. Dawkins: Yes, I have a discussion. You know, we have got all these rules and regulations. These rules should certainly apply to the Commissioners. I have known expenses by Commissioners that did not go to the Commissioners budget but went to the managers budget. I would like to add one more item to that agenda, that all expenses of individuals, commissioners, go -co his budget and not to the managers. Mayor Ferre: As the maker of the motion, I reject that and will : vote for it if it is a separate motion. It has nothing to do with = the agenda before us today. Mr. Dawkins: I beg to differ with you because we are speaking about tax dollars, and both of them are tax dollars. Mayor Ferre: We are speaking about the selection of the Manager and you can make a substitute motion if you want. Mr. Carollo: Commissioner, maybe what we could do is right after we get done with this motion, you could present that motion. Any further discussion? Hearing none, can you call the roll Mr. Clerk. The following motion was introduced by Mayor Ferre who moved its adoption: MOTION 85-216 A MOTION EXPRESSING THE POLICY OF THE CITY COMMISSION IN CONNECTION WITH GUIDELINES TO BE FOLLOWED BY ALL FUTURE CITY MANAGERS: (1) THAT THE PENSION PLAN TO BE UTILIZED BY THE CITY MANAGER SHALL BE THE STANDARD USED IN THE INDUSTRY _ OR IN THE AREA, AND SHALL BE PAID TO A BONAFIDE PENSION PLAN AND NOT IN ANY WAY PAID TO A BANK ACCOUNT OR ANYTHING OTHER THAN A BONAFIDE EXISTING PENSION PLAN; Continued (2) THAT VACATION OR TIME OFF TAKEN BY THE CITY MANAGER CANNOT GO SIDE BY SIDE WITH TRIPS ON CITY BUSINESS, AND, IF IT IS TO BE DONE THAT WAY, IT CAN ONLY BE DONE WITH THE SPECIFIC CONSENT OF THE CITY OF MIAMI COMMISSION BEFORE THE INDIVIDUAL TAKES THAT TIME; (3) THAT ALL TRAVELLING, ENTERTAINING, REPRESENTATION AND SIMILAR TYPE EXPENSES INCURRED ON BEHALF OF THE CITY OF MIAMI SHALL BE REPORTED TO THE CITY COMMISSION ON A MONTHLY BASIS, AND SHALL BE CON- TAINED IN THE CITY MANAGER'S BUDGET, RATHER THAN PLACING SUCH EXPENSES IN THE BUDGET OF ANY ONE CITY DEPARTMENT; (4) THAT IF A LIFE INSURANCE POLICY IS TAKEN ON THE CITY MANAGER, AND IF THE CITY IS ANY WAY PAYING FOR A PORTION OF SAID POLICY, THE CITY SHALL BE THE BENEFICIARY OF THAT CERTAIN PORTION PAID BY THE CITY; FURTHER, THAT SAID POLICY SHALL, AT ALL TIMES, BE IN THE POSSESSION OF THE CITY OF MIAMI AND NOT IN THE POSSESSION OF THE INDIVIDUAL Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mayor Maurice A. Ferre Vice Mayor Joe Carollo Commissioner J. L. Plummer Commissioner Miller Dawkins Commissioner Demetrio Perez ■ Mr. Carollo: Now, Commissioner Dawkins, would you like to make a motion? Mr. Dawkins: I would like to make a motion that when the new manager comes on board, that the new manager understand that Commissioners are given budgets and that all charges made by the Commissioner should come from that commissioners budget and some of it should not be charged back, to as the manager says, other budget items. Mayor Ferre: Unless approved by the Commission. Mr. Plummer: Second the motion. Mayor Ferre: Unless approved by the Commission. Is that? Mr. Dawkins: No, I will not accept that. It is coming back to what I said, if we are going to spend tax dollars, and I have a budget, I should remain within that budget. If I go out of that budget, then I have to come back to the Commission. Mayor Ferre: All right, there is a motion and a second. I will ask now for the City Attorney's legal interpretation of what Commissioner Dawkins is proposing. It is patently illegal and also unconstitutional on the basis that this Commission cannot preclude any other Commission in its majority how monies are to be expended. Mr. Dawkins: Is that a correct interpretation of the charter, Madam City Attorney? Mrs. Dougherty: Commissioner and Mr. Mayor, the Commission can always change its rules by 3 votes and to that extent, anytime this Commission and any future Commission can change that. You can change that in your budgets and you can change that any time, anybody comes to you for an increase in their budget. 0 Mr. Dawkins: So therefore, my motion is in order and correct. Am I right or wrong? Mrs. Dougherty: Your motion is correct until such time as an increase in the budget is proposed. Mr. Dawkins: Thank you. Mayor Ferre: And therefore, the point is that, as I said, subject to the change of the majority of this Commission. Okay, are we ready now to vote? Mr. Dawkins: I withdraw the motion. Mayor Ferre: All right, now on the question of the selection of the Manager. I hope that the recommendation is in process. As you know, in the past we have voted on a ballot basis. It seems to me and I would just like to say, that the selection of the Manager is the single most important thing that a Comm- ission does. This is a Manager -Commission form of government. We are choosing the chief -administrator. In the country of course that is the President. In the State its the Governor. Here it is the manager. We are choosing the administrator of the City. It is my opinion that one of the problems that we have had in the past has been the selection of the manager on a very split basis. Mel Reese was there for 13 years and I don't think that can count as a rule of thumb. And Paul Andrews was a unanimous decision on the part of the Commission. In the case of Joe Grassie, the vote was 3-2. I think even from the beginning it started off wrong because, I am sorry that Joe Grassie got a 3-2 vote and I think, J.L., you and I were here then. We were the only ones that were here. It really was an unfortunate thing because there were surprises and there were, not bad feelings, but discomfort level was not propensive to harmony. Eventually, it ended up in Joe Grassie resigning on his own, voluntarily, but not happily. Then, we went into the whole Fosmoen situation and that was never on a clear basis. That was on a 3-2 basis. I might remind you that when the last city manager was elected, we went to 47 votes. I might remind you that the key swing vote and you are Carollo were with Mr. Gary and that Father Gibson, God rest his soul, did not vote for Mr. Gary 46 times. He then, finally was the swing vote on the 47th vote. Thats a bad way to begin a job of city manager because its a long, tough hard fought and its not a consensus candidate. I would hope and I am really am very very anxious to see that whoever receives the vote here would quickly receive the majority vote. I would hope that whoever gets selected that he would have 4 votes. If that isn't possible, I would hope that we could consolidate behind whoever is selected. I would like to recommend and I say this J.L., to you and the rest of my colleagues. To you, because you and I have been around here longer than the rest. If we can't come to a decision in 5 votes, then I think we ought to put it off because obviously then, there is not a real strong consensus. Now I am open for any way. If you want to stay here and go through 47 votes but if somebody becomes Manager after 47 votes, what you are doing is you are crippling that poor individual. Mr. Plummer: Mr. Mayor, let me clarify for the record. One of the T.V. Stations asked me how many managers there had been in the last 5 years. I goofed. I forgot about Joe Grassie. There have been 3, not 2, so I apologize for that. Mr. Carollo: Correct, you had Grassie, Fosmoen. Mr. Plummer: No he was "Acting", he was never Manager. Mr. Carollo: They have all been acting. ko Mr. Plummer: Was Paul Andrews more than 5 years ago? Mr. Carollo: And Rosencrantz is four, this will be the fifth. Mayor Ferre: Howard Gary was 3� years. Joe Grassie was 3� years. Mr. Plummer: So there was 2 really, in 5 years. Mayor Ferre: Foesman was 6 months, so we had 8 years since, and Paul was 1 year, thats 9, so Reese in effect was manager for 13 or 14 years, was in the beginning of my tenure as Mayor and that has got to be at least 9 or 10 years ago. Before him was General Evans and before him we had something like a dozen managers in one year. Can we agree on that, that we go 5 rounds, and if we don't make it that we will break up an6 have a recess or come back tomorrow? Mr. Perez: Do we have any representatives from Korn & Ferry Company International, here? Mayor Ferre: I don't think so. Mr. Perez: We don't have anybody? Mr. Carollo: I don't see anyone here today. Mr. Perez: First, I think Mr. Mayor that at the last coianission meeting, at your suggestion, we postponed this decision due to the opportunity to have personal interviews with the other 4 members that were the other choices. Today, I have not received any calls, any contact from these people and I think that if we have paid $17,000 from the taxpayers of the people of Miami, that is two times or more, than what I have spent in personal letters to the people of the City of Miami, I think that we deserve the opportunity of a proper report. I think that we deserve the opportunity of the proper information and I don't think that it is enough, personally, today. I would like, if you accept, to move a motion to postpone this decision until we receive the proper information from Korn & Ferry International and that we have the opportunity to meet with the other candidates. I think that if we have spent $17,000 and we only have 8 choices, in my personal opinion, its not enough for me and I want to move that motion. Mayor Ferre: All right, we have a motion on the floor. Is there a second? I would say, Commissioner and I don't want to in any way disagree with your statement. You have a right, I have a right, we all have a right but I think the responsibility of meeting with the 4, now 3 internal members, really falls upon us, rather than an individual in Los Angeles, California, who I think feels that Korn and Ferry have done what they were supposed to do. As you may recall what I said. I said that Mr. Norm Roberts recommended that we interview. He specifically told me and I don't think that you need me to talk to Cesar Odio, Randy Rosencrantz or Jack Eads. You can arrange that on your own, can't you? And I said, sure. I don't see any reason for you to come from California here to arrange a meeting between me and Jack Eads. I think you have a right to speak to all 3 of them. They have, at different times satisfied myself in that sense, but you have a right to satisfy yourself. I respect your right and your motion and I will ask for a second. Mr. Carollo: Frankly Commissioner, I think it would have been better if you would have sent them a letter to that effect. Mayor Ferre: The request is that this be postponed for a week to give him the opportunity to talk. All right, is there a second? Is there a second for the postponement? I will second it for the purpose of putting it to a vote. Mr. Plummer: Demetrio, let me ask a question. Is it possible that you could do it in less than a week? I have to say no to a Commissioner who honestly stands up and says that he is not prepared to vote. Could you cut it down and could we meet on Monday? Mayor Ferre: Everybody is on an edge. The whole city is in expectation. It's an important decision. I think we need to move along with this decision and I think you have a right if you feel uncomfortable to put it off for a reasonable --- Mr. Plummer: Mr. Mayor, for the record. Commissioner Perez has indicated that he could cut it down until Monday. Mr. Carollo: Wait a minute, I am going to be in Phoenix rep- resenting the City at the Superbowl next week. Mayor Ferre: When are you going? Mr. Carollo: I am supposed to be leaving for Phoenix -- Mr. Plummer: And then, the following week I am gone. Mr. Carollo: I will be back Friday. I really don't understand why the additional delay. We all knew we were going to meet today. I think that all the potential candidates have certainly tried to contact all of us in the Commission directly, or indir- ectly, or both and you know, hey, lets vote. I am ready to vote. Vote for whomever you think you should vote for. Like I told the acting city manager, you have to live with your decisions in life. Whatever, those might be. ■ Mr. Dawkins: Well, I too, do not want to prolong the agony ■ but I too realize that this is a part time job and that there are individuals who have businesses, who may not be able to make themselves available for the convenience of others, so, with that in mind, although I hate to say that this should be done today, I would have to vote with the Commissioner who is asking for more time because I do not know what his reason is and I am not going to attempt to second guess him, so therefore, I will be voting with the motion. Mayor Ferre: That obviously makes three of us but I think that in the interest of trying to work something out reasonably here, Carollo, you are leaving for Phoenix when? Mr. Carollo: Monday. Mayor Ferre; And you are coming back when? Mr. Carollo: I don't know, the way you guys are running the show here, I might stay over there. (LAUGHTER) Mayor Ferre: When are you leaving Monday? In the morning? Mr. Carollo: Most likely Mr. Mayor. Mayor Ferre: We have a serious problem of this city really is at a standstill. Mr. Plummer: Well, Mr. Mayor let me ask if tomorrow is possible? Tomorrcw afternoon. You see the dilema we are on. For the record Mr. Mayor, I am ready to vote and I am not changing my --- Mr. Carollo: What is it you need Commissioner? Mr. Perez: First Joe, I don't think that we have to make a personal explanation but the public explanation is very clear. As a member of this Commission, I think that I deserve the same right that anybody else has and in the past, you have a lot of issues that have been postponed. Mr. Perez: (Cont'd)---At the last Commission meeting, the Mayor tried to postpone due to the fact that he wanted to contact the other members of the Commission. This time, I think that I --- I can vote. I can vote today, but I would like to assume the best decision for the betterment of this community and I would like to have an opportunity to have time in that direction. Mr. Carollo: I don't understand Commissioner - I am trying to understand exactly what your request is. (Comments from the audience) Mayor Ferre: Hey, sit down please. We follow laws here and we would hope that this would be done with decorum. We don't need screaming. That doesn't solve the problem. Would you be avail- able tomorrow? Would that give you sufficient time? We can't do it next week, Carollo is gone, the following week, Plummer is gone. Mr. Perez: Tomorrow afternoon. Mayor Ferre: Tomorrow afternoon. No, not earlier, there are a lot of us who have different obligations. 5 o'clock? Mr. Carollo: 2:47 Mr. Plummer: 2:47, I agree with that, thats a good idea. Mr. Carollo: Seriously, Mr. Mayor, I think that any time in the afternoon would be appropriate. Anytime after 2. Mayor Ferre: I can't make it until 4:30 Mr. Carollo: Okay, 4:30 Mayor Ferre: I will be available from 4:30 on or would you rather make it 5? All right, we will continue to 4:30, call the vote. Mr. Carollo: There is a motion, there is a second for the meeting to be extended to 4:30 tomorrow afternoon. Hearing no further dis- cussion, can you call the roll Mr. Clerk? The following motion was introduced by Commissioner Perez who moved its adoption: MOTION 85-217 A MOTION TO CONTINUE THE DECISION OF THE SELECTION OF A PERMANENT CITY MANAGER TO FRIDAY, MARCH 8, 1985, AT 4:30 P.M. IN CITY HALL, AS REQUESTED BY COMMISSIONER DEMETRIO PEREZ Upon being seconded by Mayor Ferre, the motion was passed and adopted by the following vote: AYES: Mayor Maurice A. Ferre Commissioner Demetrio Perez Commissioner Miller Dawkins Commissioner J. L. Plummer NOES: Vice Mayor Carollo* *On ROLL CALL: Mr. Carollo: I vote No because I think that the meeting was called for today. We had ample time. The decision should have been made today. Mayor Ferre: See you tomorrow at 4:40. There being no further business to come before the Commission, this special meeting was adjourned at 4:10 P.M. MAURICE A. FERRE MAYOR ATTEST: RALPH G. ONGIE CITY CLERIC