HomeMy WebLinkAboutR-84-1087t _
I
i
J-84-917
Mot. No. 84--108C.
(9/20/ 84)
RFC/mm
RESOLUTION NO. 84-1067
A RESOLUTION AUTHORIZING AND DIRECTING HOWARD
V. GARY, AS CITY MANAGER, TO EXECUTE ON
BEHALF OF THE CITY THE ATTACHED AGREEMENT
BETWEEN KENNETH I. HARMS AND THE CITY OF
MIAMI WHICH PROVIDES FOR REIMBURSEMENT IN AN
AMOUNT NOT TO EXCEED $10,000. TO KENNETH I.
HARMS BY THE CITY OF MIAMI IN THE EVENT THERE
IS A BREACH BY KENNETH I. HARMS OF AN
EXISTING AGREEMENT DURING THE COURSE OF HIS
APPEARANCE BEFORE THE CITY COMMISSION IN ITS
LEGISLATIVE INQUIRY DEALING WITH THE MIAMI
POLICE DEPARTMENT'S INVESTIGATION OF THE
MICHAEL JOHNSON CASE; THE EXECUTION OF SUCH
EXISTING AGREEMENT HAVING BEEN PREVIOUSLY
AUTHORIZED BY THE CITY COMMISSION THROUGH
ADOPTION OF RESOLUTION NO. 84-719, JUNE 28,
1984.
i BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Howard V. Gary, as City Manager and on behalf of
the City of Miami, is hereby authorized and directed to execute
the attached agreement between Kenneth I. Harms and the City of
Miami which provides for reimbursement in an amount of $10,000.
1
to Kenneth I. Harms by the City of Miami in the event there is a
f
breach by Kenneth I. Harms of an existing agreement during the
course of his appearance before the City Commission in its
legislative inquiry dealing with the Miami Police Department's
investigation of the Michael Johnson case; the execution of such
existing agreement having been previously authorized by the City
r Commission through adoption of Resolution No. 84-719, June 28,
i
j 1984.
r
PASSED AND ADOPTED this 25th day of September, 1984.
A T T : c�
ALPH G. ONGIE, CITY CLER!
PREPARED AND APPROVED BY:
ROBERT F. CLARK
DEPUTY CITY,-*-bT� EY
0 FORD AND CORRECTNESS:
LUCIA A. DOUG
CITY ATTORNEY
Maurice A. Ferre
MAURICE A. FERRE
M A Y O R
CITY COMSdISSICN
MEETING OF
SEP 'N1 Im
Mrt
Whereas, the City Commission convened as a Board of
Inquiry pursuant to Section 14 of the City Charter, to
investigate police investigatory matters relating to the
shooting of Michael Johnson; and
Whereas, Kenneth I. Harms has been invited to appear
before the Board of Inquiry as set forth by the attached
invitation; and
Whereas, Kenneth I. Harms has agreed to appear on
September 25, 1984 under the conditions set forth herein;
Now, therefore, it is agreed by and between Kenneth
I. Har►ns and the City of Miami that:
1. The certain covenants provided in the Stipulation
of Settlement entered into by Kenneth I. Harms and the City
of Idiami, effective April 26, 1984, attached hereto, are
waived under the following conditions:
a. That Kenneth I. Harms appears before the Board
of Inquiry pursuant to the invitation;
b. That he will not answer any questions not
reasonably related to the Michael Johnson shooting and
investigation thereof;(iAd
C. That Kenneth I. Harms answer all relevant
questions truthfully.
d. That Kenneth I. Harms will answer only factual
questions and will not give opinions or respond to hypothetical
questions.
2. In consideration of the conditions set forth in
paragraph one above, and in consideration of Kenneth I. Harms`
agreement to waive any relilef he may be entitled to under
paragraph THIRD (iii) of the Stipulation of Settlement, the L
(1) The attorneys for Kenneth I. Harms will make this
determination.
(2) This paragraph pertains to this one hearing which is
set for September 25, 1984.
City of Miami hereby
releases Kenneth I. Harms from any
recourse or liability under Paragraph THIRD (iii) as it relates
to the City
Of Miami and further agrees to indemnify Kenneth
I. Harms for up to $10,000 in any liability which may be
incurred by Harms in favor of Howard V. Gary.
- 2 -
K A �14 VT �I. HARMS
REPRESENTATIVE OF
CITY OF MIAMI
7
4
By:
W
am
• � w
G
STIPULATION CF SETTLEMENT
Plaintiff KENNETH I. HARMS and defendants CITY OF MIAMI
and HOWARD GARY, individually and as City Manager of the City of
Miami, desiring to amicably resolve and fully settle between them
an action styled KENNETH I. HARMS v. CITY OF MIAMI, a municipal
corporation; HOWARD V. GARY, individually and as CITY MANAGER of
the City of Miami; MAURICE FERRE, individually and as MAYOR and
COMMISSIONER of the City of Miami; J.L. PLUMMER and MILLER
DAWKINS, BOTH INDIVIDUALLY AND AS COMMISSIONERS of the City of
Miami, Case No. 84-0550-Civ-SMA, which action is now pending in
the United States District Court for the Southern District of
Florida (hereinafter referred to as "Harms v. Cif of Miami"),
hereby stipulate and agree as follows:
FIRST: Upon execution of this Stipulation of Settlement
and during the maintenance of the conditions set forth
hereinafter, the status of Plaintiff as an employee of'the City
of Miami shall be as follows:
(i) Plaintiff will submit a letter of resignation
as Chief of Police and voluntarily occupying the position of
Police Captain effective January 26, 1984, which letter will be
accepted;
(ii) In consideration of Plaintiff's accrued sick
leave balance and long service to the City, he shall be placed on
administrative assignment at his current rate of pay for a period
84-108'7
84-71.S-
k �s
not to exceed five and one-half (5-1/2) months commencing April
26, 1984. If he obtains gainful employment from any other person
or entity during this period, he will continue to be carried at
his same rate of pay and his pension contributions will be
continued on that basis. If his salary from the City of Miami
and the other employer exceed SIX THOUSAND FIVE HUNDRED DOLLARS
($6,500.00) per month, an offset shall be made to reduce the
amount received by him from the City of Miami so that the
combined total does not exceed SIX THOUSAND FIVE HUNDRED DOLLARS
($6,500.00) per month;
(iii) Upon expiration of the period set forth in
Paragraph First (ii), Plaintiff shall continue on administrative
assignment for an additional six and one-half (6-1/2) months at
the same rate of pay as required by his classification and his
pension contributions will be continued on that basis. An offset
will be taken from his gross pay so that the total received from
the City of Miami does not exceed TWO THOUSAND SEVEN HUNDRED
SEVENTY DOLLARS ($2,770.00) per month. If he obtains gainful
employment during this period, and if his salary from the other
employer exceeds THREE THOUSAND SEVEN HUNDRED THIRTY DOLLARS
($3,730.00) per month, his salary from the City of Miami shall be
further offset by the amount his other salary exceeds THREE
THOUSAND SEVEN HUNDRED THIRTY DOLLARS ($3,730.00) per month;
(iv) Upon expiration of the period set forth in
Paragraph First (iii), Plaintiff shall continue on administrative
3 84-71S
� PIP
assignment at the same rate of pay as required by his classifi-
cation and his pension contributions will be continued on that
basis. An offset will be taken from his gross pay so that the
total received from the City of Miami does not exceed ONE HUNDRED
DOLLARS ($100.00) per month. If at any time after the expiration
of the period set forth in Paragraph First (iii), and prior to
his retirement from the City of Miami, Plaintiff is not gainfully
employed by any other person or entity, the amount of offset to
be made to his salary received from the City of Miami will be
reduced to the level of the offset first provided in Paragraph
First (iii), for each month or portion thereof on a pro-rata
basis during which he is not gainfully employed. The amounts by
which the offset is reduced during periods of unemployment shall
be considered an advancement of his vacation or sick leave
account balances due him upon retirement until such accounts are
depleted. If at any time Plaintiff's salary from the City, after
being offset as provided in this Paragraph First (iv) is less
than his required pension contribution, he shall pay the required
contribution to the Pension System to continue to accrue
additional retirement points.
(v) Upon becoming eligible for full service
retirement under the Miami City Employees Retirement System,
whether through "Rule of 70" or attainment of age fifty (50),
whichever occurs first, Plaintiff shall apply for such service
retirement ten (10) days before the effective date of the
-3-
84—its87
84—'715
AN �a
retirement and his employment with the City of Miami shall cease
and his status under Paragraphs First (ii), (iii), and (iv) shall
be terminated upon his retirement. Failing the establishment of
"Rule of 70" retirement, Plaintiff may elect to vest his
retirement at any time before attainment of age fifty (50), or
elect to receive an early service retirement under the provisions
of the Miami Code, or continue in his employment status pursuant
to the above provisions until attainment of age fifty (50).
SECOND: Upon cessation of his employment with the City
of Miami through retirement, Plaintiff shall receive vacation,
sick leave, and compensatory time account balances in accordance
with the following:
(i) The parties agree that after clarification of
the audit conducted of Plaintiff's vacation accrual balances,
that he has Five Hundred Forty (540) vacation hours and that no
additional vacation hours shall be earned by Plaintiff from and
after April 26, 1984;
(ii) Plaintiff's vacation account balance is
TWENTY THOUSAND FIFTY-FIVE AND 60/100 DOLLARS ($20,055.60);
(iii) The parties agree that Plaintiff's accrued
sick leave balance to be paid at his retirement is Nine Hundred
Fourteen (914) hours and that no further accrual of sick leave
will occur from and after April 26, 1984;
(iv) Two Hundred Eighty -Eight (288) of Plaintiff's
sick leave hours will be paid at the rate of THIRTY SEVEN AND
84-1087
�84- 71S
14/100 DOLLARS ($37.14) and Six Hundred Twenty -Six (626) hours of
Plaintiff's sick leave hours will be paid at the rate of FOURTEEN
AND 91/100 DOLLARS ($14.91), thereby producing a total sick leave
balance of TWENTY THOUSAND TWENTY-NINE AND 98/100 DOLLARS
($20,029.98);
(v) The parties agree that Plaintiff has One
Hundred Fourteen (114) hours of compensatory time which will be
paid at the rate of FOURTEEN AND 91/100 DOLLARS ($14.91), thereby
producing a total compensatory leave balance of ONE THOUSAND SIX
HUNDRED NINTY-NINE AND 74/100 DOLLARS ($1,699.74).
THIRD: The parties to this Stipulation of Settlement
agree that the events of January, 1984 which gave Irise.to the
subject matter of this litigation were matt.ers of principle. The
parties further agree that those principles represent distinct
points of view concerning the structure and management of the
City of Miami.Police Department. These matters of principle
included the recommendations of Booz, Allen & Hamilton for
reorganization of the Miami Police Department. Accordingly, in
recognition of these differing principles but without admitting
or denying the allegations contained in the complaint filed in
Harms v. City of Miami, the parties to this Stipulation of
Settlement disavow prior public statements concerning each other
and other City officials and employees and set forth herein the
mutual basis upon which they will act in the future.
Specifically, the following is acknowledged and agreed upon by
i
�7
1
i
AMA
{
Howard Gary and by Kenneth Harms: �.
(i) The basis upon which Kenneth Harms was charged
with insubordination was the result of well-intentioned
differences of opinion concerning events and circumstances. In
view of discussions and information since obtained, it is clear
that, at all material times, Kenneth Harms acted only in pursuit
of his responsibilities as Chief of Police in a manner
commensurate with that office;
0
(ii) All of Howard Gary's actions were pursuant to
his authority as City Manager of the City of Miami. In acting
pursuant to his authority, Howard Gary proceeded responsibly,
reasonably, and consistent with the public interest;
(iii) Any future statements or publications made
by Howard Gary or Kenneth Harms, including those of their
respective agents and employees to the extent controlled by each
of them, shall be reflective of the principles set forth in
Paragraph Third and shall conform specifically to the
acknowledgments contained in Subsections (i) and (ii) of that
Paragraph. It is the intention of the parties to this
Stipulation of Settlement that no defamatory statements will be
made by either Howard Gary or Kenneth Harms about the other, or
by their respective agents and employees to the extent controlled
by them; that each will seek to honorably carry out the intent
expressed herein regarding each other personally; and that
Kenneth Harms will make no adverse statements regarding the City
-6-
i
of Miami, the Police Department of the City of Miami or its
administration, officers, men and women. Kenneth Harms and
Howard Gary in their individual capacities agree to make no
negative or critical statements about each other personally. —
i—
FOURTH: The mutual covenants set forth in Paragraph
Third are considered essential to the continued operation of this
Stipulation of Settlement. Accordingly, a breach of those
provisions by Kenneth Harms or Howard Gary will be remedied by
the payment of TEN THOUSAND DOLLARS ($10,000.00) per breach. '
Disputes concerning the existence of a breach of this Stipulation
of Settlement by either Howard Gary or Kenneth Harms shall be
resolved as follows:
(i) If any party to this Stipulation of Settlement
believes that a breach of the provisions of said Stipulation has
occurred, the party and/or its counsel shall give written notice 1
of such breach to the party purportedly committing said breach.
Notice to the City of Miami and/or Howard Gary shall be given to
the City Attorney for the City of Miami. Notice to Kenneth Harms
shall be given to Robert C. Josefsberg, Esq., Podhurst, Orseck,
Parks, Josefsberg, Eaton, Meadow & Olin, P.A., City National Bank
Building, Suite 1201, 25 West Flagler Street, Miami, Florida
33130.
(ii) Following receipt by any party of a notice of
breach, the parties shall have thirty (30) days within which to
confer for purposes of resolving the matters alleged to have been
-7-
9 - 84 15
breached. Upon expiration of this thirty -day period, if not
extended by mutual agreement, the provisions for arbitration set
3 forth below shall be applicable;
(iii) Upon failure to resolve a claim of breach of
this Stipulation of Settlement, the party claiming a breach shall
invoke arbitration by sending written notice to the other party
advising of the alleged breach and the intent to invoke
arbitration for resolution thereof. Thereafter, the parties
shall have ten (10) days within which to select an arbitrator by
mutual agreement. Upon expiration of this ten (10) day period
_W
without an arbitrator having been selected, the party claiming a
breach shall request a panel of arbitrators from the American
Arbitration Association's labor dispute list of arbitrators, from
which panel the parties shall select an arbitrator in accordance
with the rules of the American Arbitration Association.
.(iv) The arbitrator selected shall proceed to
determine whether,a breach of this Stipulation of Settlement has
occurred. If a breach is found by the arbitrator, it shall be
remedied by payment of the penalty set forth in Paragraph Fourth
if the breach is of a covenant set forth in Paragraph Third; or
remedied as determined by the arbitrator if the breach is of any
other paragraph of this Stipulation of Settlement. The party
losing the arbitration proceeding shall pay the costs of the
arbitrator. The arbitrator shall have discretion to award the
payment of attorney fees if (s)he determines such an award to be
84-71:j
equitable under the circumstances.
FIFTH: Pursuant to Rule 41 of the Federal Rules of
Civil Procedure, and within five days of the finalization of this
Stipulation of Settlement, Plaintiff Kenneth Harms shall prepare
and file a stipulation of dismissal with prejudice in Harms v.
City of Miami, or otherwise move for dismissal of that action
with prejudice, each party to bear his or its own costs and
attorneys' fees.
SIXTH: Pursuant to Rule 1.420 of the Florida Rules of
Civil Procedure, and within five days of the finalization of this
Stipulation of.Settlement, Plaintiff Kenneth Harms shall dismiss
an action styled THE STATE OF FLORIDA ON THE RELATION OF KENNETH
I. HARMS v. HERBERT BRESLOW, Case No. 84-07053, which action is
pending in the Circuit Court of the Eleventh Judicial Circuit in
and for Dade County, Florida. Such stipulation or notice of
dismissal shall be with prejudice, each party to bear his or its
own costs and attorneys, fees.
SEVENTH: Simultaneously with dismissal of the actions
described in Paragraphs Fifth and Sixth above, Plaintiff shall
execute a general release in favor of Howard Gary, individually
and as City Manager of the City of Miami, and in favor of the
City of Miami, its agents, employees, officers and attorneys, in
the form set forth in Appendix A to this Stipulation of
�* Settlement.
EIGHTH: Upon dismissal of the actions described in
_g_
paragraphs FIFTH and SIXTH above, Defendant Gary shall execute a
General Release in favor of Kenneth Harms in the form set forth
in Appendix B of this Stipulation of Settlement.
NINTH: The Court shall retain jurisdiction to enforce
the terms of this Stipulation of Settlement.
TENTH: This Stipulation of Settlement shall be enforce-
able and construed according to the laws of the State of
Florida. The parties to the Stipulation of Settlement hereby
consent and agree to venue and service of process in Miami, Dade
County, Florida, in the event any party seeks judicial relief for ,..
a breach of the Stipulation of Settlement.
x�
ELEVENTH: This Stipulation of Settlement contains the
full and complete agreement between Kenneth I. Harms and the City
e
of Miami and Howard Gary, and no oral or implied modifications or
agreements not specifically set forth herein exist. No revision,
modification or alteration of this Stipulation of Settlement may
be made except by means of a written agreement signed by the
parties hereto.
TWELFTH: This Stipulation of Settlement may be executed in
several counterparts, each of which shall be deemed an original
& _10- Adl
84-10W
i
,f
84-7151
and said counterparts shall constitute but one and the same
instrument which may be sufficiently evidenced by one
counterpart.
IN WITNESS WHEREOF, Kenneth I. Harms and Howard Gary
have caused this Stipulation of Settlement to be executed by them
personally, and the City of Miami has caused this Stipulation of
Settlement to be executed by its duly authorized officer and/or
agent, effective April 26, 1984.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
�'V12
�9
KE NETH I. HARMS
��w
HOWARD V. GAIV, individually
and as City MAnager of the
City of Miami
CITY OF MIAMI
By:
-11-
84-10Wd
W
J
0
00
MORGAN, LEWIS & BUCKIUS
3200 MIAMI CENTER
100 CHOPIN PLAZA
M IAM I. FLO RIDA 33131
July 2, 1984
Robert I. Josefsberg, Esq.
Podhurst, Orseck, Parks, Josefsberg,
Eaton, Meadow & Olin, P.A.
City ;National Bank Building
Suite 1201
25 Vest Flagler Street
:Miami, Florida 33130
Re: Harms vs. City of :Miami, et al.
Dear Bob:
At the City Commission meeting on June 28, 1984, the executed
settlement agreement was approved as presented with one clarifying
proviso which the Commission insisted be adc:ed to the second
sentence in paragraph Fourth on page 7 as follows:
�i provided, however, that in no event shall
the City be liable to Kenneth I. Harms for
any defamatory statement ;jade by Howard V.
'I- Gary personally and individually, or at
his personal direction.
The purpose of the amendment was only to make clear that if
there should be a breach of the covenant against defamation by
:toward Gary or someone at his personal direction which does not
arise out of the course of his employment as the city manager,
that the liability for such breach would be Howard Gary's
personally; not the City's.
In my opinion the proviso does not change the intent of the
agreement which would require the payment of $10,000..00 by the
City or by Mr. Gary, depending -upon -the facts and.circumstances.
of the breach as found by an arbitrator in accordance with
principles of master/servant, principle/agent, employer/employee.
Horeover, I believe, and I know you do also, that there will be no
84-108'7
MORGAN, LEWIS & BoCKIUS
3200 MIAMI CENTER
100 CHOPIN PLAZA
MIAM1. FLORIDA 33131
Robert I. Josefaberg, Esq,
Page Two
July 2, 1984
statements made which could be construed as violations of the
agreement and there will therefore be no monetary penalty paid by
any party.
If this clarifying amendment is acceptable to Captain Harmer
please execute a copy of this letter and return it to me.
Very truly yours,
Peter J. Hurtgen
Accepted:
Robert I. Jose sberg on
behalf of Kenneth I. Harms
QPJH/dl
cc: 14itchell Bloomberg, Esq.
George Knox, Esq.
Dean Colson, Esq.
Jose Garcia -Pedrosa, Esq.
THE OFFICE OF THE CITY CLERK hereby acknowledges
receipt of an original and twenty photocopies of
i
an Affidavit entitled:
1
"AFFIDAVIT AND CHARGES OF HARVEY HILL ENTZ AS TO
KENNETH HARMS-MIAMI POLICE".
Said affidavit is dated September 25, 1984 and
has been accepted on this date together with a
request from Mr. Entz to distribute same to the
members of the City Commission at the time of the
Special Commission Meeting which has been set for
1:00 o'clock P.M., this same date.
SIGNED THIS 25th day of September, 1984,
in Miami, Florida.
i
RALPH G. ONGIE
City Clerk
By:
Prcfttie Hirai
Assistant City Clerk
84--IL08
FROMa Harvey Hill Entz, 2517 N.W. 91 street, Miami, Fla. 331J47 (696-6099) (651-1786No-R)
K. HARM, ZS DARED TO L11 OATH )DRU ACCUSATIONS BELOW }.,,,,ORE PRESS THIS C0712,tISSICN TODAY
To The Honorable Mayor Maurace Ferret
And the City Commissioners of the City of Miami, Florida. Tuesday
In Session Tuesday September 25 th, 1984 at Dinner Key, M., Fla, September
And Former Police Chief of Miami, Kenneth Harms Attending -Subject. Twenty-fifth
The Press, Radio, T. V..--and to whom it may concern. 1984
And the Hon. City of Miami Attorney, Lucia Allen Dougherty, in Charge.
IN THE MATTER OF THE H-E-A-R-I-N-0 THIS DATE -HARMS AND THE POLICE MICHAEL
JOHNSON ALLEGED COVER UP- C MAY ADD FOR THIS OR A LATER HEARING THE ABSO-
LUTELY OPEN-6HUT 100% PROVABLE CASE OF THREE COVER-UPS POLICE CHIEF HARMS DELIBERATELY
WITHOUT A SHADOW OF EXCUSE WAS FULLY AND COMPLETELY RESPONSIBLE FOR -OBSTRUCTION AND �-
NIAL OF JUSTICE RIGHTS PROTECTION OF THE LAW -CIVIL RIGHTS -OBVIOUS CONSPIRACY-MULTI-C
AFFIDAVIT AND CHARGES OF HARVEY HILL ENTZ AS TO KENNETH HARMS-MIAMI POLICE.
STATE OF FLORIDA. )
SS
COUNTY OF DADE ))
Be is known that on the day of the date hereof, before me, the Subscriber, a NOTARY
PUBLIC, did personally appearHarvey Hill Entz, who did under oath personally adminintered
by me, did depose and say in his own writing (typing) the followings
COUNT N0.1. Neighborhood Terroists, guilty of like acts against others too, smashed
both windshield and side glass of my late BUICK Sedan at 2360 SW 28 Street --Two City of Miami
Police Officers responded, saw, were given the facts and names addressof the caught red-hand-
ed Kids -promised action in the Courts -no Report or action taken -direct written personally
handed to Hgtrs.to Harms himselffor this Report and for action deliberately ignored-subee-
quent attempts to get Police -Harms -reach Harms -and get action got a 100% run-around by all.
COUNT NO. Q.By unlawful entry into locked House (2360 SW 28 th Street)I dozed off while _
watching TV --horribly jarred by a sudden blinding flash in left eye and face from a fist by
a full body swing of 25 year old 6 foot three Male Glenn F. Hoawrd, 8445 SW 181 Terrace _
(255-5979) a Super X'Ray Specialist NSSTCHESTER HOSPITAL 2500 SW 75 th Ave (264-5252)and
Also a Star Salesman for PHARMATOPES, INC. 7501 NW 66 th Street (592-4743)-who had previous-
ly broken in (and susequently too) this house I was in lawful possesmion of -and taken among
other things a spotlight --rechargeable battery -personal papers leaving a trail of his finger-
prints aboundant in thopersonal papers --he followed his swing by a deadly neck head strangle -
hop muttering he was crazy and had the urge to kill and would if he found me in tho house
again and that this urge feeling was "overpowering" -he yhen left and I staggerod acroas the
street bleeding dazed and Neighbor called Police who responded carrying me to C.Q. Gen. Hosp4
— —rho transfered me to Bascom -Palmer Eye Institute where they managed to save a part of the
�1 bight of spy* left eye --there for days. No prosecution possible said States Atty. in J. Bldg*
without the Police Reportall attempts channels; failing to get stand direct appeal to Harms
refused deliberately insulating himself from me by orders to underlings and refusing to acre -
zW personally delivered letterdemands . 27 Years in W., D.C. nothing so HITLER LM there.
COUNT NO. 3. A Man ran a STOP sign from 14 th St. SW onto 22nd Ave and crossed two (2)
apes to hit nV car in the third lane where I had veered to try to escape him --over twenty
people at a party arriving saw it -I called Police -Miami Policeman came out as= Cauca Race
as Stop Sign Runner and tried to brow beat me into paying his Country -than his dapages and
refusing to listen to me --look at tell tale obvious skid marks both cars -saying I was at
fault and he was charging me --I forcefully in no uncertain terms told him he was crindually
0 ►; breaking the law multi-facit and that he was risking criminal charges dismissal but he par-
isted gave me the ticket --I vent to M P HQTRS. with facts letter charges again got the run
a ound and Harp refusedaction--I dared this Officer to attend the hearingand go into the =�
mN face of numerous witnesses and perjure himself and demanded withdrawal of thecharges against
a me and placing against the gulty Man where they belonged -he didn't dare show up and the
y - charges against me were dismissed --still no charges against the guilty Man--expense-record-
o and HARMS having direct knowldge refused to enforce the laws discipline the Policeman.
1 w In my letter to Harms I incorporated the other two charges demands instances and demanded
again action reports on them and by attaching to front of letter a ten dollars check the
A 7 same run around Colored Officer thinking no doubt I was attempting a bribery rushed the
letter to Harms who read it photo -copied it and callously returned the letter with the ten
dollar ALVAREZ defense fund check no comment or action then orever--the C. 0. balled me out
- for having the termity toto ask to speak to EMPEROR HARMS a few feet away Poliieeman guilty
+' of false report -false chat°ges-intimidation-attempted extortion for his Country-man's damages
r UNDER PENALTY OF LAW HE ATTEMPTED WRONGLY TO HAVE APPLIED --HARK, DELIBERATELY COVERED UP
AND REFUSED ACTION ON THIS AND THE TWO OTHER CASES REFSED TO GET ME THE OTtM TWO REPORTS
to
ONCE AGAIN AND REPrATEDLY AND EVER**THOSE COVER UPS CGNTINUE--WILL HARMS SUCESSOR DO BETTER?
In theinterval I have twice been within a hair of death and am recovered enough I think
tag to attend your Hearing--aaswer fully candidly honestly all questions --get thse matters to
the Dade County and Federal Grand Jurys--seek indictments--trials-justice--and a Civil Rights
action among others in the Federal Courts --I am a very aged man and shouldnkt be put thru th1A
k1hil.e this matter merits and demands your attention as its gravity calls forthe ines-
pable tie-in conclusion can only be if Harms so wholesale covered up in these quiet matter
of mine. -with the Press -TV -and Radio focused on Roit and its related matees and POLIO$ wby*
why why wouldn't he logically —having no honor -respect for law -his oath -not even belonging
its the Human race --cover up "for his Boys"??? He is provably a multi -tacit criminal in these
matters having almout paranoid delusions of granduatr an ago -maniac eccentric unprincipled
arA his antics in the Press I think make others s" it very ranch that way though untouchad
Sworn and subscribed to before Hiami Florida. this Be mbar twenty-fifth 1984
tI0fAR1' PUB C 5TA.T& OF FLORIDA AT
W
Talk abut a sick society.On Wed.the 19th of Sept.Members of the
Miami Police Dept.had a luncheon at Monty Trainers for Major Emory
Putman who was demoted from Colonel for the shooting of a black man
Michal Johnson.
Black people pay taxes and this luncheon was on City time and
was attended by City Officers driving City vehicles and using City
gas.This was a luncheon for a Police Colonel that was demoted to Major
for his leading .pole in the cover up of shooting a black citizen and
who were the highest ranking Police Officers in attendance??
Asst.Chief Clarence Dixon and Deputy Chief Perry Anderson both black
men.
If they are not loyal to the Black Community not loyal to their
Chief Breslow,not loyal to the City Commission or to the City Manager
then why were they appointed to these high positions in t1ne Police Dept.
Who Walked in while the luncheon was going on?? Why it was
Mayor Maurice Ferre and was he hot,WOW::
Major Emery Putman was promoted to Colonel while the investigation
was going on then back to Major after he was found to be involved.Was
this part of the COVER-UP.???
.�1
!� 81 qt hr SZ
d3S 8oi