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HomeMy WebLinkAboutR-83-0215J-83-157 f RESOLUTION NO. �--�' 13f.0 ,.t A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN AGREEMENT WITH THE PLAINTIFFS IN FRANKLIN G. COHEN V. CITY OF MIAM1 TO EXTEND THE PRESENT PROMOTIONAL REGISTERS FOR POLICE SERGEANT AND POLICE LIEUTENANT FOR A PERIOD OF NO LONGER THAN ONE YEAR FROM THE DATE OF EXPIRATION. WHEREAS, the final order in the United States District Court case of Franklin G. Cohen, et al., v. City of Miami, et al., No. 71-1887, as modified, provides in pertinent part that "the promotional registers listing those who passed the promotional examinations as prepared by the independent organization shall be valid For only one ,year and cannot be extended provided that if the City Commission of the City of Miami determines in agreement with the Plaintiffs to take this action that a further extension of the promotional registers is required in order to carry out the mutual agreement of the parties, said registers may be extended for any period of time, not to exceed one year from the date of expiration;" and WHEREAS, the present promotional register for police Sergeant expires on March 23, 1983 and the present promotional register for police lieutenant expires on September 12, 1983; and WHEREAS, the Plaintiffs have agreed to the extension of the present police sergeant and police lieutenant registers; and WHEREAS, the parties to the case of United States of America v. City of Miami and F.O.P., United States District Court, Southern District of Florida, Case No. 75-3096 and 79-2183-Civ-JWK have entered into long and arduous negotiations in an attempt to amicably resolve long standing differences concerning promotional policies in the police department; and WHEREAS, the parties have reached an agreement that will require approval of the rank and file of the F.O.P. and approval of the City Commission, the Justice Department and the United States District Court; and WHEREAS, in order for that agreement to be carried out, if approved by all parties, it is necessary that the present police ' sergeant and police lieutenant register be extended; CITY COMMISSION MEETING OF MAR 1S 1%4 NA No. 5 v NOW, THEREFORE, RE II RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Attorney is hereby authorizers to enter into an agreement with the Plaintiffs in Franklin Cohen v. City of Miami, to extend the present promotional registers for police sergeant and police lieutenant for a period of no longer than one year from the date of expiration. PASSED AND ADOPTED this 18 day of MARCH--, 1983. ATTEST: MAURICE A. FERRE MAYOR alph 9. Ongie, City Cler PREPARED AND APPROVED BY: Maio u. uonen sistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: 4 0, c ` 7JF-e R. Garcia -Pedrosa sty Attorney RJC:kt t CITY OF MIAMI. FLORIOA391 INTER -OFFICE MEMORANDUM TO The Honorable Mayor Ferre DATE March 7, 1982 C= and Members of the City Commission c.a sueJECT Consent Decree Lit iglio!� I n. m � M FROM REFERENCES? —� N Jose R. Garcia -Pedrosa .:.. City Attorney ENCLOSURES: In December, 1981, an En Banc panel of the United States Court of Appeals for the Fifth Circuit affirmed the United States District Court's entry of the Consent Decree as it applied to all employment practices in the City of Miami, except for Police promotions. As to Police promotions, the Circuit Court remanded it to the District Court for a trial on the merits. Over the last several months, representatives of the City have been meeting with representatives of the FOP in an attempt to settle the Consent Decree and the various lawsuits surrounding employment practices in the Police Department. Also participating in the ne- gotiations were representatives of the Miami Community Police Be- nevolent Association and the Miami Hispanic Police American Confed- eration, Inc. After extensive negotiations, the parties have reached a proposed agreement. The FOP has agreed to sign the attached Consent Order and to dismiss, with prejudice, their lawsuit attacking the adop- tion and implementation of Ordinance No. 8977 (the new Civil Serv- ice Rules). In exchange, the City has agreed to promote fourteen persons. Four of these persons are included in the class of Cohen plaintiffs. The Cohen litigation was begun over a decade ago. It was a class action brought by Black officers alleging discrimina- tion in the Miami Police Department. There are four remaining Cohen plaintiffs who have yet to be promoted as a result of the USA Consent Decree. The City has agreed to promote these four offi- cers. In exchange, the Cohen plaintiffs will dismiss their law- suit, with prejudice. The i y is required to make ten other pro- motions under the Agreement. Nine of these promotions are Anglos. These are persons who have been bypassed under the Consent Decree and the new Civil Service Rules, and who are still with the City and have not yet been promoted. The City will also promote one Latin male. This Latin male was higher on a promotional register than a lower ranking female who was promoted. There will be no back pay, seniority, nor emoluments of any kind to be paid to the persons who are promoted. However, the four Cohen plaintiffs will receive a payment of $2,000 each, which is what- they would have received under the back -pay fund of the USA Consent Decree if they had been promoted. �-arwwa... •..�..�� .�.�..........-sr..-•.wry-•Rb�::. .�-w-.,,.,..... w..c• � 83--wV-:, 117 3 Jose R. Garcia -Pedrosa City Attorney -2- March 7, 1982 The existing Police Sergeant and Police Lieutenant promotional reg- ister will each be extended for seven promotions so that all per- sons who are presently on a promotional register with an expecta- tion of promotion will be promoted. (See attached Resolution.) The negotiated Agreement also calls for the creation of a Promotion Review Procedure in the Police Department. A three member Promo- tional Review Board will be convened to determine whether the Police Chief has abused his discretion if he determines that a candidate for promotion should be bypassed. The Promotional Review Board will hold an informal hearing at an aggrieved employee's re- quest. If the Board rules in favor of the Chief, the matter will be ended. However, if the Board rules in favor of the aggrieved em- ployee, the Police Chief may appeal the matter to the City Manager, whose decision is final. You should also be aware of what the Agreement does not settle. There is still the matter of the Firefighter's challenge to the adoption of the Rules. That case was tried before the United States District Court during the week of February 28, 1983. Post - trial briefs are being prepared at this time. There are also other lawsuits brought by individuals challenging some of the actions of the City under the Consent Decree. These actions will not be dis- missed. Furthermore, certain officers have been bypassed under the Consent Decree and have subsequently been promoted. These officers could still sue for back pay and seniority. We do not consider the risks in any of the Police cases that exist now, or that might be brought, substantial. In any event, we believe that the entire package preserves the City's ability legally to maintain a vigorous Affirmative Action Program -in the Police Department. In addition to extending the promotion registers, we recommend that you approve our execution of the Consent Order which will be sub- mitted to the District Court Judge for his approval in the case of USA v. City of Miami. You are also being asked to approve the City Manager's execution of the attached "Resolution of Pending Claims." This is an amendment to the Collective Bargaining Agreement. It will be necessary for this office to execute an Escrow Agreement which will facilitate carrying out the agreements of the various parties. Further, you are being asked to approve our execution of the Escrow Agreement and the execution of any other documents that may be necessary to carry out the settlement. cc: City Manager City Clerk _f""OblS.