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Home My WebLink AboutCC 1984-09-28 Minutesr I'IIIl It +�♦Nd J _ 1 i t � 1 4 MINUTES OF MEETING HELD ON o September 28, 1984 (SPECIAL) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G. ONGIE CITY CLERK INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA SEPTEIffi ER 28, 1984 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1 INVESTIGATION OF MIAMI POLICE DEPARTMENT. BOARD OF INQUIRY R-84-1092 R-84-1093 R-84-1094 _ R-84-1095 1-5 2 MIAMI CENTER BIFURCATED RAMP DISCUSSION 5-6 3 REQUEST FOR COPIES OF REPRIMAND CONCERNING ASSISTANT CHIEF WARSHAW DISCUSSION 5-6 4 DISCUSSION ITEM: BRICKELLBANC CASE DECISION IN COURT DISCUSSION 6-7 -_ 5 PUBLIC HEARING: BIFURCATED RAMP SYSTEM - DUPONT PLAZA M-84-1096 7-8 6 DISCUSSION OF SPECIAL MEETING TUESDAY ON INQUIRY INTO POLICE RELATED MATTERS DISCUSSION 8-9 MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 28th day of September, 1984, 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 business of publ-ic import, namely the investigation of the City Police Department. The meeting was called to order at 3:11 O'Clock P.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: Commissioner Joe Carollo _ Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre ALSO PRESENT: Howard V. Gary, City Manager Lucia A. Dougherty, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Miller J. Dawkins An invocation was delivered by Mayor Ferre who then led those present in a pledge of allegiance to the flag. 1. INVESTIGATION OF MIAMI POLICE DEPARTMENT. BOARD OF INQUIRY. Mayor Ferre: This is a special City of Miami Commission meeting called for because it is my understanding that Commissioner Perez will be out of the country and therefore, will not be here Tuesday. Commissioner Plummer has informed me that he will be here Monday night, but there was even then some question on that, so that we can't have a Board of Inquiry on Tuesday. There is a very simple solution for that. That is that the Commission deposit in one person the rights of the Board of Inquiry, which of course would include the rights to subpoena, which I have anyway, as Mayor, under the Board of Inquiry. As you know, we have no right to prosecute or to do anything other than to be a Board of Inquiry. But so that there will be a continuity on the Board of Inquiry on Tuesday, we need to deposit ... the majority of the Commission needs to deposit the rights of the Board of Inquiry into one person, so that there will be continuity in case that there is not a quorum present on Tuesday. So one of you has to make a resolution. One of the four things that we have here is a resolution establishing and designating the composition of a City Commission Committee of Inquiry to continue the City Commission's investigation into matters and affairs concerning the Miami Police Department. The committee can be either one or more persons. sl 1 September 28, 1984 Mr. Carollo: Mr. Mayor, I so move that resolution. -- Mayor Ferre: You have to name someone, either myself or whoever it is that.... Mr. Carollo: I think the appropriate person to name is the Chair, which is the Mayor. So I make the resolution to include the Mayor. Mayor Ferre: Is there a second? In other words, it would now read under Section 2, "The Inquiry Committee of the City Commission hereby created shall consist of Maurice Ferre." Is that correct? _ Mr. Carollo: That is correct. Mayor Ferre: Is there further discussion? Anything else, Lucia? Call the roll, please. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 84-1092 A RESOLUTION ESTABLISHING AND DESIGNATING THE COMPOSITION OF A CITY COMMISSION COMMITTEE OF INQUIRY TO CONTINUE THE CITY COMMISSION'S INVESTIGATION INTO MATTERS AND AFFAIRS CONCERNING THE MIAMI POLICE DEPARTMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Miller J. Dawkins Mayor Ferre: Now, before I expand this to include these three things, Lucia, because I don't want to get into trouble with either my missing colleagues here, Plummer who is out of town and Commissioner Dawkins is not here. These in no way are controversial. Are they? Mrs. Lucia A. Dougherty: These are just confirming what you already passed as motions. Mayor Ferre: The first one is commending Harms. That was unanimous, wasn't it? Mr. Carollo: That is correct. Mayor Ferre: So is there a motion on that? Mr. Perez: Move. Mayor Ferre: Is there a second? Mr. Carollo: Second. Mayor Ferre: Call the roll. sl 2 September 28, 1984 Aor+ The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 84-1093 A RESOLUTION COMMENDING KENNETH I. HARMS, WHO SERVED AS CHIEF OF POLICE FROM MARCH 15, 1978 TO JANUARY 27, 1984 FOR HIS FAITHFUL, LOYAL AND DEDICATED SERVICE TO THE CITY OF MIAMI AND ITS CITIZENS. (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: None. ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Miller J. Dawkins Mayor Ferre: Now how about the next one? Mr. Carollo: That was a three -two vote and the three who voted for are here today, so I don't see any problems in voting upon it. Mayor Ferre: Let's take a resolution amending resolution 84-995, adopted September 18, 1984 concerning City Commission legislative investigation into matters dealing with the City Miami Police Department's handling of a specific shooting investigation by adding a new Section 2 to said resolution number 84-995, which enlarges the scope of said legislative investigation to include inquiry into any matter concerning the Miami Police Department. Mr. Carollo: So move, Mr. Mayor. Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: Now, under the powers granted to me by the Charter, I am therefore expanding officially, the special Commission meeting to include the commendation of former Police Kenneth Harms, the resolution dealing with expanding the Board of Inquiry and the retention of outside law firm to help us in this inquiry. We now have a motion on the floor, moved by Commissioner Carollo; seconded by Commissioner Perez dealing with the broadening of the Board sl 3 September 28, 1984 Is there further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 84-1094 A RESOLUTION AMENDING RESOLUTION NO. 84-995, ADOPTED SEPTEMBER 18, 1984 CONCERNING A CITY COMMISSION LEGISLATIVE INVESTIGATION INTO MATTERS DEALING WITH THE MIAMI POLICE DEPARTMENT'S HANDLING OF A SPECIFIC SHOOTING INVESTIGATION DEPARTMENT'S HANDLING OF A SPECIFIC SHOOTING INVESTIGATION BY ADSING A NEW SECTION 2 TO SAID RESOLUTION NO. 84-995 WHICH ENLARGES THE SCOPE OF SAID LEGISLATIVE INVESTIGATION TO INCLUDE INQUIRY INTO ANY MATTER CONCERNING THE MIAMI POLICE DEPARTMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Miller J. Dawkins Mayor Ferre: The last matter deals with the retention of McMaster, Forman and Miller to represent the City Commission in its inquiry pursuant to City Charter Section 14 into matters and affairs concerning the Miami Police Department in accordance to the attached letter of the City Attorney, allocating an amount not to exceed $15,000 from Special Programs and Accounts. Mr. Carollo: Mr. Mayor, so move. The only stipulation that I would like to be sure of is that they would be invited to be at every special meeting that we have. Mayor Ferre: Absolutely, is there a second? Mr. Perez: Second. Mayor Ferre: On the record, let me very clearly point out that I do not want in any way for anybody to garner from my vote or I'm sure from anybody's vote here any impugnation of the City Attorney or the City's law department. The fact is, however, that on a two -vote basis, the City Attorney and her office must deal on a daily basis, specifically the Police Department. Secondly, since the City Attorney is responsible for the law suit that is presently being prepared to go before the courts dealing with Michael Johnson in a civil case, I think it would be improper for the City Attorney to be wearing more than one hat at one time. I think it would be inappropriate. Now, the precedent for this, as all of you may know, is that when Congress constitutes itself into a special investigative body for whatever reasons it may be, it asks a special counsel be established, as does the President, when there is a matter dealing with the Justice Department, so that the Justice Department will have no conflict, it retains outside counsel for the purposes of that investigation. The most sl 4 September 28, 1984 recent case, of course, is that one dealing with the White House counsel, Ed Meese, where an outside independent counsel was retained to do a full investigation outside of the realms of the Justice Department. I'm not in any way saying, because I very much dislike the word motorgate. I think that is a very poor connotation. There has been nothing established so far that would indicate that this matter is a motorgate in the same way that the Watergate involved the presidency of the United States. Motorgate is an unfortunate word and I am in no way ... I don't think we can conclude there is anything like that going on in the City of Miami or the Police Department. But I think, so that we don't have any problems, this has to be done this way. Now, are we ready to vote? Call the roll, -Tilease. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 84-1095 A RESOLUTION AUTHORIZING AND APPROVING THE CITY'S EMPLOYMENT OF THE LAW FIRM OF MCMASTER, FORMAN AND MILLER, P.A., TO REPRESENT THE CITY COMMISSION IN ITS INQUIRY PURSUANT TO CITY CHARTER SECTION 14 INTO MATTERS AND AFFAIRS CONCERNING THE MIAMI POLICE DEPARTMENT IN ACCORDANCE WITH THE ATTACHED LETTER OF THE CITY ATTORNEY; ALLOCATING AN AMOUNT THEREFOR NOT TO EXCEED $15,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Miller J. Dawkins 2. MIAMI CENTER BIFURCATED RAMP. Mayor Ferre: I have an unrelated matter. Miami Center Bifurcated... Mr. Manager, the whole question of third Street, the offers, and so on and so forth. I think the only way we can get to the bottom of this is to invite Gould to be here to give Mr. Colson in Southeast Banks plenty of time to prepare and just to have a full fledged public hearing and let the State with the D.O.T. and all the interested parties come in here and make their presentation with models. Let the Chamber of Commerce be here. Let everybody come and discuss this and I think hopefully we have to decide this once and for all. Otherwise, it is my opinion that by November we will lose $22,000,000 in federal funds that have been specifically earmarked and allocated. Therefore, we need to call a special Commission meeting in October for the purposes of having a public hearing for this purpose. What day would you recommend that, Howard? sl 5 September 28, 1984 Mr. Carollo: Mr. Mayor, can we possibly look at either the 8th or the 9th? Mayor Ferre: Is that enough time for you to advertise? Mr. Gary: I don't think so. Mayor Ferre: You have to advertise. Walter I know has been back and forth and we've had calls from the people in Olympia -York and they need to be present and we need to get all their lawyers here and there is a lot of legal work, Lucia, that you're going to have to do because we have to establish weather or not Gould in fact has the legal title to that property. Mrs. Dougherty: I thought there was a public hearing already scheduled for the 10th in this matter. It was a recommendation from the Planning Board in connection with the development order. Mayor Ferre: You may be right. Maybe there already is, but I want to make sure that it's been advertised and we don't have any questions. By the way, Chief, I have no further things dealing with the Police Department, Mr. Manager, unless somebody else does. 3. REQUEST FOR COPIES OF REPRIMAND: CONCERNING ASSISTANT CHIEF VARSBAN'. Mr. Carollo: Excuse me, Chief, if I may, through the Manager, if I may ask for copies to the members of the Commission of that one reprimand where Assistant Chief Warshaw said that there was a recommendation for him to be fired. There was a reprimand that Assistant Chief Warshaw said that he had been recommended at one time to be fired by a Police Captain. Can I receive copies of that by Monday, everything that is included pertaining to that file and reprimand. If I can't ask for it as a Commissioner, I'd like to ask for it under the Freedom of Information Act and the Privacy Act. Sometimes that gets it quicker for me. Thank you. 4. DISCUSSION ITEM: BRICKELLBINC CASE DECISION IB COURT. --------- -------------------------------------------------- Mayor Ferre: What happened at the 11th Circuit Court of Appeal? Mrs. L. Dougherty: The Brickelbanc case was affirmed by the 11th Circuit. Mayor Ferre: What does that mean? Mrs. Dougherty: As you recall, in the lower court, they found that the City acted in violation of the Brickellbanc civil rights and found that.... A" Mrs. Dougherty: No, they ruled in Brickellbanc's favor and against the City. The 11th Circuit affirmed the lower court's decision. Mr. Carollo: That's not surprising. If you would have read carefully, I know you were not involved in that, Madam Attorney, but if you would have read very carefully, the opinion that the judge gave at the lower court, he was very specific in explaining and showing the blatant disrespect of the law that the City followed. Unfortunately, since a certain Commissioner's name appeared in that, I can understand why the City followed a certain pattern to try to discredit a certain Commissioner. 5. PUBLIC BEARING: BIFURCATED RAMP SYSTEM-DUPONT PLAZA. Mayor Ferre: Are we now in agreement about the public hearing, Howard? Mr. Gary: No, we aren't; there's not going to be enough time to advertise. Mayor Ferre: So, in other words, would Lucia... See, I was under the impression also that somehow there was a public hearing that was being called on that, but evidently that is not the case. We don't have enough time on the 10th, so the next question is the next date would be the 25th. Is that right? Mr. Gary: Yes, I think it should be scheduled on the 25th. Mayor Ferre: Then the motion should be worded this way. If there already is a public hearing scheduled on the 10th, it should be left on the 10th. If not, we should have a full fledged public hearing on all issues dealing with the bifurcated traffic patterns, Mr. Gould's offer, counter offer, and all things that go with it. Is there such a motion? Mr. Carollo: So be it. Mayor Ferre: Is there a second? Further discussion? October 10th or the 25th, call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 84-1096 A MOTION ESTABLISHING THE DATE OF OCTOBER 10, 1984, AT 3:30 P.M. AT CITY HALL, AS THE DATE FOR A PUBLIC HEARING CONCERNING THE BIFURCATED RAMP SYSTEM IN THE DUPONT PLAZA AREA TO BE CONSIDERED IN conjunction KITH THE PROPOSED EXTENSION OF THE DEVELOPMENT ORDER PREVIOUSLY SCHEDULED AS A PUBLIC HEARING _ FOR THAT DATE; FURTHER MAKING PROVISION TO CONTINUE SAID HEARING TO OCTOBER 25TH, IF NECESSARY. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote- 7 September 28, 1984 3Y�= AYES: Commissioner Joe Carollo Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Miller J. Dawkins ------------------------------------------------------------ 6. DISCUSSION OF SPECIAL MEETING TUESDAY ON INQUIRY INTO POLICE RELATED MATTERS. - Mr. Carollo: Mr. Mayor, one additional thing. Can we establish a time for Tuesday's meeting, if it hasn't been established? Mayor Ferre: 11:00 o'clock; 10:00 o'clock is too early and I understand 2:00 o'clock is bad for some people. Mr. Carollo: Also, who has been responsible for sending the subpoenas? Mayor Ferre: I have; the subpoenas have been sent to Mr. Brinkley's office. I have signed them. Now they have to be redone, I understand. Mrs. L. Dougherty: They were delivered to Chief Breslow's office to serve on them. Mayor Ferre: They have to be redone now with an 11:00 o'clock time, rather than 2:00. Mrs. L. Dougherty: Unless they agreed to come, which we are specking on right now. Mayor Ferre: I would rather that it be on a voluntary basis. Mrs. L. Dougherty: They have been subpoenaed. Now the question is whether or not they agreed to come at 11:00 as opposed to 2:00. Mayor Ferre: What I'm saying is that I would rather not subpoena those people. They are only three, as I remember. Mrs. L. Dougherty: They have been subpoenaed. Mayor Ferre: If they agree to come voluntarily, I'd just like to leave it. Walter, do we have a public hearing on that bifurcated thing on the 10th or not? UNIDENTIFIED SPEAKER: We do. Mr. Gary: Yes, but it's on the extension of the development order. Mayor Ferre: The extension? Well, can't we expand that to include all these other issues? I mean, by nature they really, it does include that. I think you should let Mr. Colson know, as representative of Southeast, you should also let Olympia York know and all the interested parties that we're about ... the Chamber of Commerce.... Mr. Gary: You want to do it on the 10th? sl 8 September 28, 1984 m n Mayor Ferre: Yes, in other words, there already a notice going out, and in effect we can expand it. The notice has gone out. That can be construed as a public hearing with the extension of.... Mr. Walter Pierce: It said at 3:30, it is a public hearing. Mayor Ferre: That's fine. We can always continue it to the 25th. We stand adjourned. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 3:28 P.M Maurice A. Ferre M A T 0 R ATTEST: Ralph G. Ongie CITY CLERK Matty Hirai ASSISTANT CITY CLERK _1 r MEETING DATE: SEPTEMBER 28, 1984 tIDEX COMMISSION RETRIEVAL DOCUMENT IDENTIFICATION ACTION AND CODE NO. ESTABLISH/DESIGNATE THE COMPOSITION OF A CITY 84--1092 COMMISSION COMMITTEE OF INQUIRE TO CONTINUE THE CITY COMMISSION'S INVESTIGATION INTO MATTERS/AF- FAIRS CPMCERNING THE MIPMI POLICE DEPAPTPIENT. COMMENDING KENNETH I. HARMS, WHO SERVED AS CHIEF OF POLICE,FROM MARCH 15, 1.978 TO JANUARY 27, 1984 FOR HIS FAITHFUL LOYAL AND DEDICATED SERVICE TO THE CITY OF MIAMI AND ITS CITIZENS. AMEND RESOLUTION NO. 84-995 SEPTEMBER 18, 1984, A CITY COMMISSION LEGISLATIVE INVESTIGATION, DEA- LING 11ITH THE MIAMI POLICE DEPARTMENT'S HANDLING OF A SPECIFIC SHOOTING INVESTIGATION BY ADDING A NEW SECTION 2 TO SAID RESOLUTION. AUTHORIZE/APPROVE THE CITY' S EMPLOYMENT OF THE LAW FIRM OF MCMASTER FORMAN AND MILLER, P. A. TO REPRESENT THE CITY COMMISSION IN ITS INQUIRY PUP. SUANT TO CITY CHARTER SECTION 14 INTO MATTERS/AF FAIRS CONCERNING THE NIANI POLICE DEPARTI"_ENT IN ACCORDANCE WITH ATTACHED LETTER OF THE CITY ATTO NEY. 84-1093 84-1094 80 -1095