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HomeMy WebLinkAboutCC 1984-11-06 MinutesCITY OF Ml Ml r COMMISSION MINUTES OF MEETING HELD ON November 6, 1984 (SPECIAL? PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONG1E CITY CLERK INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA November 66 1984 Y.i---------• ----------- ---�- ��i---i----------- -+-- ------- ------------------------ rri��i ORDINANCE OR ITEM NO. SUBJECT RESOLUTION NO. WAGE N06 .�....----------------------..--..�M..���------••�--....--MMM--����---��-..-------..��....--........rri- A RESOLUTION REMOVING HOWARD V. GARY FROM THE POSITION OF CITY MANAGER, SETTING FORTH REASONS FOR THE REMOVAL; PROVIDING FOR AN EFECTIVE DATE AND CONTAINING A REPEALER PROVISION R-84-1215 1-8 MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 6th day of November, 19849 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 10:34 O'Cloek A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre ALSO PRESENT: Howard V. Gary, 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: Ladies and gentlemen, this is a Special City Commission Meeting and I would like to read the memorandum that was passed out dealing with this Special Commission Meeting. This memorandum supersedes my memorandum to you of this morning (this is dated November 5th) I, Maurice A. Ferre, as duly elected Mayor of the City of Miami, Florida, pursuant to and consistent with the provisions of Subsection (g) of Section 4 and Section 15 and Subsection (a) of Section 15 of the City Charter as well as the provisions of Rule IX of Section 2-13 of the City Code do hereby call a Special Meeting of the Commission of the City of Miami, Florida, to be held at 10:00 A.M. on November 6, 1984 in the Chambers of the City Commission at City Hall at 3500 Pan American Drive, Dinner Key, Miami, Florida for the consideration of City business in a matter of public of public import, namely the removal of Howard V. Gary as City Manager of the City of Miami, Florida. At this time I will pass the gavel over to the Vice -Mayor of the City of Miami and I would like to offer the following resolution, and I will read it in its totality: A RESOLUTION REMOVING HOWARD V. GARY FROM THE POSITION OF CITY MANAGER, SETTING FORTH REASONS FOR THE REMOVAL; PROVIDING FOR AN EFFECTIVE DATE AND CONTAINING A REPEALER PROVISION. WHEREAS, under the provisions of Section 15 of the City Charter, the individual appointed to serve as the City's chief administrative officer or "City Manager holds office at the will of the City Commission and may be removed by an affirmative vote of a majority of the Commission members; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: RT Section 1. Because of an unacceptable management style, proper implementation of City Commission policy as explicitly required under Section 16 of the City Charter has been hampered; further, due to improper and/or lack of communication from HOWARD V. GARY in his capacity as City Manager to some and/or all members of the City Commission, HOWARD V. GARY is hereby removed from his position as City Manager effective 30 days after the date hereof unless steps are taken by the City Manager in accordance with the provisions of the charter. It is now 10:37 on this 6th day of November and I so move. Vice -Mayor Perez: Do we have a second to this motion? Mr. Carollo: Second the motion. Vice -Mayor Perez: Do we have any discussion? If not, call the roll. The following resolution was introduced by Mayor Ferre, who moved its adoption: RESOLUTION NO. 84-1215 A RESOLUTION REMOVING HOWARD V. GARY FROM THE POSITION OF CITY MANAGER, SETTING FORTH REASONS FOR THE REMOVAL; PROVIDING FOR AN EFFECTIVE DATE AND CONTAINING A REPEALER PROVISION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr ABSENT: None. Mayor Ferre: Is there anything else to come before this Commission at this time? Mr. Me Creary. Mr. Jesse Me Creary: Mr. Mayor, my name is Jesse Me Creary with the law firm of Me Creary and Valentine. I represent Mr. Gary in this matter and I am wondering whether or not the present provision supersedes the previous one and starts the timetable to run from this date as to any rights that the Manager may have under the Charter. Mayor Ferre: The answer to that is in the affirmative and the resolution at the bottom says, "This resolution repeals any prior resolution in conflict herewith." Mr. Me Creary: Then the time frame starts from this date rather than October 25th. RT 2 November 6, 1984 Mayor Ferre: According to our City Attorney, the answer is yes, is that right, Madame City Attorney? Ms, Dougherty: Yes, sir, Mr. Mayor, Mr. Plummer: For the record, Madame City Attorney, would you outline briefly that procedure. Ms. Dougherty: The procedure is within the next 30 days Mr. Gary has a right to request a public hearing and respond to the reasons in writing and if he does so request a public hearing you must set a public hearing no less than 20 days and no greater than 30 days after that request has been submitted to the City Commission. Mayor Ferre: I might say, Mr. Me Creary, that I do not preclude and cannot preclude legal action should there be legal action in the future on the question of whether October 25th or this date is the reigning date but that is something obviously to be determined by a competent court in the State and we're not a court here so we can't decide that. Mr. Me Creary: Your honor, we have no intentions of contesting the October 25th date, we will proceed as if today is the operative date. Mr. Dawkins: Mr. Mayor, I have a question for the Commission. The City Attorney nor any member of the City Attorney's staff can represent Mr. Howard V. Gary without a conflict of interest. When this occasion occurred with Chief Harms the City provided legal services. No longer than the other day when we had an inquisition and we felt, this Commission, that the City attorney could not act in good faith we allowed outside counsel to be obtained. I moved that Mr. Gary be furnished counsel with the city paying for it because the City Attorney cannot support him. Mayor Ferre: Them is a motion on the floor, and I will recognize it and will extend the City Commission hearing to that extent and will ask for a second if there is a second. Mr. Carollo: Mr. Mayor, I'll second it for the purpose of discussion. Mayor Ferre: All right, under discussion I'll recognize anybody who wishes to speak. Mr. Carnlln: Mr. Mayor, my fellow colleagues, I think the point that Commissioner Dawkins is making is very well taken but the only point that he is missing is that when Chief Harms took the steps that he took, because he was not afforded a public hearing by the Manager, Chief Harms paid for his own attorneys out of his own pocket. Therefore, I don't see how we can justify paying for the legal fees of the City Manager. Now the City Manager has certain rights according to the City Charter and I will back up those rights 100% just like I backed up the rights that were denied to Chief Harms. But if the Manager wants to fight the will of the majority of this Commission that was duly elected I don't think that it is proper nor right for the City of Miami to pay for his legal bills just like it would have been wrong for the City of Miami from the outset to pay for bills that were incurred by former Chief Harms when he was challenging the process. Mayor Ferre: All right, are there any other further comments? Mr. Dawkins: Yes, one further comment. In the incidents that my colleague Commissioner Carollo cited, we did not, we followed the Charter in that Chief Harms was referred to the Manager to serve as what we, the Commission are serving as as Chief Harms. At that time, the Manager was Mr. Harms' immediate supervisor and the Manager allowed Mr. Harms the process according to the Charter, therefore, he had the due process. Now, in my opinion only, and not for discussion and not for argument, we are trying Howard Gary and we have the City Attorney who we are going to pay and her staff. Are we going to allow anybody at all - that's what my only question is - going to allow anybody to assist him as my colleague said, with those portions of the Charter that he is dealing with that might have a legal cost? Mr. Plummer: For the record, I is premature. I will be voting of the fact that there has been time, if Mr. Gary elects to reconsider the motion at that t has been no appeal taken and I d anything other than premature ti affirmative. think my colleague's motion against the motion because no appeal taken. At such take an appeal, I would ime but at this time there on't think that it would be vote at this time in the Mr. Dawkins: I withdraw my motion. Mr. Carollo: Mr. Mayor, if I may, I would like to withdraw my second at this point. I only seconded it for the purpose of discussion. I think we discussed the matter amply. Mayor Ferre: All right, I do want to make a statement into the record regarding all this. I would like to say that I would have voted against the motion but I also would have stated that that was an open discussion item in the future should it be necessary to discuss it. I do think that the main crux of the matter here is that there is a will of the majority of this five member board with regard to this issue. I would like to into the record read a portion of an article written in the Miami Herald that I think is germane but I do not totally agree with all of the articles but I think it is pertinent and it reads towards the end as follows: "... Mayor Ferre says that Gary's style is not the issue and implies, thereby, that there is nothing of substance for the Commission to consider. However, the structure of Miami's government allows for management styles to be considered in the hearings and firings of both the Chief and the Manager. In the same way that Gary can reprimand or fire Harms for what Gary in his sole discretion deems insubordinate conduct, the Commissioners can reprimand or fire Gary for what they in their sole discretion consider a dictatorial manner of dealings with the subordinates. In neither case does the firings have to be for a cause in the legal sense." This was an article that was published in the Miami Herald on Wednesday, February 15th in the Editorial Section and I think the main case here is that, as we passed in the resolution, the style is an issue to be discussed and that it is something that we will deal with if there is an appeal process. I would like to finally say that I am, and have prepared and will be ready to submit to the Manager and to the public a bill of particulars should the time arrive when the Manager appeals this matter, if and when he appeals, and I have nothing further to say on this issue and will not have anything further to say until that decision is made by the Manager. Is there anything else? Mr. Carollo: Mr. Mayor, just briefly, if I may, I would again like to ask for some public documents that I have been asking for for some time and the Manager has refused to provide for me. If you recall, weeks ago I asked for the complete personnel file of Mr. Francisco Perez, the husband RT 4 Nnvember 6, 1984 -- -------------- of the vice-president of the Sunshine State Bank. In fact, the last time that we met, last Thursday, I again asked for his personnel file and still I have not received that. Also, it has been over a week today that I made an additional request for some additional public documents including some public transcripts that were taken of several Assistant Police Chiefs and ether Police personnel during the Harms firing. I would like to have that, and up to this time I have not been provided with that. Mayor Ferre: Mr. Manager? Mr. Gary: Yes. With regard to the first matter that was discussed, particularly the second matter with regard to the public record request which was dated October 30, 1984 from Commissioner Carollo, we gave you a memo this morning for your information, you have it.... Mr. Carollo: I just have a memo before me that was given to me. Mr. Gary: If I may, I didn't interrupt you. If I might, it basically says, and I have extra copies here, we gave it to your secretaries this morning. I would like to read it for the record. This is from Chief Herbert Breslow to Mr. Eades, Assistant City Manager, and it says, "It is my understanding that there is some concern about the time it is taking to respond to Commissioner Carollo's request for public documents. I share his frustration about the time consuming process when dealing with the release of internal investigation information. A determination must first be made that the investigation is no longer confidential. Then, before any document can be released, it must be reviewed for exemptions such as (1) active criminal intelligence information and active criminal investigative information, (2) any information revealing the identity of confidential informants of sources, (3) any information revealing surveillance techniques or procedures or personnel, (4) any information revealing undercover personnel of any criminal justice agency and (5) any other exempted information. Any exceptions that are identified must then be excised from any copies that are supplied to the public. While this process may appear somewhat cumbersome, it is necessary to protect both the public and the individuals involved in internal investigations. ..." and this is from Herbert Breslow. And we will proceed, as we have, devoting time and resources to insure that Commissioner Carollo gets his request. With regard to the second request, I was under the impression that you had gotten that, I assumed that one of my Assistant City Managers had forwarded that information, I'll see that you get that today. Mr. Carollo: Mr. Manager, it has been quite a few weeks that you have stated that you have been under the impression that I've received that personnel file and up to this date I have no received those files. Mr. Gary: I couldn't have said it a few weeks ago because you just said you asked for it last week. Mr. Carollo: No, sir, I asked for it again last Thursday, the personnel file of Frank Perez. Now, if I may, this memorandum that you just read, I received that this morning. Mr. Gary: I said you did. Mr. Carollo: If I may, Mr. Mayor, (1) the investigation that was made or lodged against Chief Harms, I don't think there is any question that that investigation is closed. I RT 5 November 6, 1984 don't think there has ever been any question about that any longer. Second of all, when they talk about any information revealing the identity of confidential informants, what confidential informants did we have in an investigation against a former Chief of Police? Second of all, any information revealing surveillance techniques or procedures or personnel, is the Chief trying to tell me that there were surveillance techniques or procedures lodged against former Chief Harms or any of the Assistant Police Chiefs that were pushed out of the Police Department? Or any of the personnel because of their professionalism were pushed out of the Department? What I'm seeing here, Mr. Mayor, is just a lot of excuses trying to block public access to public documents. They will reveal the true reasons why a former Chief of Police was ousted in a midnight coupe d'etat. And what I'm getting here is just a lot of hog wash excuses trying to delay the public from having access to public documents. There is nothing that was placed in this memorandum that would hold water and the Manager knows that. Now, if I may ask the City Attorney, what steps can I take as a City Commissioner to insure that the public will have access to those documents? Ms. Dougherty: Mr. Commissinner, last evening I received a phone call from Mr. Ross of the Police Department who had just completed going through the entire files and deleting those portions which are required to be deleted under the Public Records Law and we went over those portions and I concurred with his assessment of those portions, and really, the only ones that were in there that I recall were addresses of certain sit witnesses that needed to be excised from the documents. I believe you will probably have those today. They were completed as of last night, the written form, and all he had to do is go back through the tapes. Mr. Carollo: Well, it has been 8 days and the information that I'm requiring is ... Mayor Ferre: I think there is a solution, Commissioner Carollo. Let me recommend the following procedure: Since what we're talking about is legal matters, and since in effect, the decisions as to access are legal in nature I think you should request the City Attorney to personally dedicate some of her time today to expedite and to conclude the legal questions. That's the only thing that is holding this matter up and then if there is a need for a Special Commission Meeting or if we need to refer this to the States Attorney's Office at your recommendation I would call such a meeting. Ms. Dougherty: I'm sure you'll get those documents today, IN it was literally after 5:00 when he called and I said I'm available right now if you want me to go through them, and we did and so all of the written testimony is there and available I'm sure for you today. Mr. Carollo: Mr. Mayor, for the record, I would just like to state and place in the record that it has been eight days since I requested this public information and the information I have requested is much much less than the information that was requested by the press that was kept in Chief Harms' files in his safe and that information was made available to the public, or should I say most off that information because part of it still has not, was made available to the public practically over night. Certainly ® in a very short time no where near these eight days. Mayor Ferre: All right, anything else? All right, before we conclude on the subject, Mr. Manager, does attorney Richard Berger represent you in any of these matters? RT 6 November 6, 1984 Mr. Gary: No, he does not. Mayor Ferre: Does attorney Donald Bierman represent you at this time on any of these matters? Mr. Gary: No, he does not. Mayor Ferre: So, you have no relationship or have not discussed with either Richard Berger or Donald Bierman, there is no client relationship to you and them with regards to the telephone calls to the Police Department. Mr. Gary: Mr. Mayor, any discussions and anybody I select as attorney is a private matter between me and those attorneys. Mayor Ferre: I'm sorry, it was a private what? Mr. Gary: Is a private matter between my and my attorney and whoever I may select. Mayor Ferre: Well, that's what I'm asking you, if Richard Burton is your attorney or Mr. Donald Bierman. Mr. Gary: I have no comment to those. Mr. Carollo: Well, for the record, Mr. Mayor, I do not know one of those gentlemen but the other gentleman I do, his name does come to mind, Mr. Donald Bierman, is that correct? B-i-e-r-m-a-n? Is that the name that the Mayor mentioned? Mayor Ferre: That's what I asked, yes. Mr. Carollo: Okay, well, that was the attorney for a gentleman named JosA Medano Veracruz, a notorious drug pusher that according to information that I ivead at a Commission Meeting recently had been accused of bringing over 200,000 pounds of Cocaine and Marijuana into the United States via Cuba. Mr. Bierman represented this gentleman along with many other drug pushers together with the Sunshine State Bank, Mr. Ray Corona and the last I heard, he represented Mr. Gary with his little problem with the Mercedes Benz. Mayor Ferre: All right, Mr. Me Creary. Mr. Me Creary: Mr. Mayor, you had mentioned that you will be preparing a bill of particulars. Mayor Ferre: Yes, sir. Mr. Me Creary: My questions is will that bill of particulars represent all of the proponents or will it simply be your bill of particulars and are we to expect a bill of particulars from the other Commissioners? Mayor Ferre: Mr. He Creary, I can only speak for myself, I cannot speak for any other member of this Commission. As you know, we do have the Sunshine Law and the only way that this thing can be properly done is that those people who want to present their bill of particulars... Mr. Gary received a memorandum from me, I think on Friday, asking him if he wanted any more details and, as far as I'm concerned, the ball is now in his court. When he decides to appeal, if he decides to appeal, and if he wishes come more particulars I will be happy to provide them and I can only speak for myself. RT 7 November 6, 1964 t Mr. Mc Creary: I understand, Mr. Mayor. Would the other two Commissioners just indicate whether or not they are preparing a bill of particulars? I think this would be an orderly fashion so that we know of the process. Mr. Carollo: Well, Mr. Me Creary, I'll be more than happy to answer that if you're willing to' answer to me when Mr. Gary is willing to present his request, if that's the option that he decides to. take, for a public hearing. Are you willing to tell me when he is willing to present his request? Mr. He Creary: Commissioner Carollo, I'd be absolutely willing if I knew. I don't know now. I'm just trying to get an orderly fashion. Obviously when that request is made can we then get a response from the individual Commissioners as to whether there will be a bill of particulars, that's all. Mayor Ferre: I will assume the responsibility of saying that I think it is reasonable that once the request is made that then you would be getting from this Commission, from the members that voted on the positive today, a bill of particulars. Mr. Me Creary: Thank you, sir. Mr. Perez: I will provide that information before Friday but I would like to have discussion with the members of the Committee in the same way that they meet with the Mayor, I would like to have more details for the best way to cooperate. Mr. Me Creary: Thank you, sir. Mayor Ferre: All right, anything else? If not, we stand adjourned. Is there a motion for adjournment? Mr. Dawkins: So move. Mayor Ferre: Is there a second? Second by Plummer, call the roll on adjournment. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED ►T 11:00 ►.M. ATTEST: Ralph G. Ongie CITY CLERK Natty Hirai ASSISTANT CITY CLERK RT Maurice A. Ferre M • Y 0 R 8 November b, 1984 4h loilly F l�w ml nnr-"mVUT MEETING CATRa. NOVEMBER 6, 1984. INDEX