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HomeMy WebLinkAboutCC 1982-01-17 Minutes2 CITY OF MIAMI SPEC OF MELTING HELD ON JANUARY 17, 1982 PREPARED DY THE OFFICE OF THE CITY CLERK C f TY HALL RALPK 6, OH6IE CITY CLERK .Iw CROONMISSIQNflNF'1I, FLORID4 rININCE110N. (SPECIAL) Sm� JANUARY 17, 1982 OWTION0, PAGE NO, A RESOLUTION CONDEMNING THE DEPORTATION OF ANDRES RODRIGUEZ HERNANDEZ, THE FIRST CUBAN TO BE DEPORTED SINCE FIDEL CASTRO ROSE TO POWER IN 1959 1 R-82-58 1-5 A RESOLUTION INSTRUCTING THE CITY CLERK TO FORTHWITH SEND A TELEGRAM TO THE CIVIL RIGHTS DIVISION OF THE JUSTICE DEPARTMENT IN CONNECTION WITH THE PUBLIC MARCH AND DEMONSTRATION IN DOWNTOWN MIAMI ON JANUARY 16, 1982 1 R-82-59 5-6 A RESOLUTION INSTRUCTING THE CITY CLERK TO SEND A TELEGRAM TO PRESIDENT REAGAN REQUESTING THAT HE INVESTIGATE THE REASONS FOR THE IMMIGRATION DEPARTMENT"S DEPORTATION OF ANDRES RODRIGUEZ HERNANDEZ I R-82-60 6 MINUTES OF SPECIAL MEETING CITY COMMISSION OF MIAMI, FLORIDA On the 17th day of January, 1982, 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 5:25 P.M. O'Clock by Mayor Maurice A. Ferre with the following members of the Commission present: ALSO PRESENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre Howard V. Gary, City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Mayor Maurice A. Ferre who then led those present in a pledge of allegiance to the flag. Mayor Ferre: Under the powers that the charter of the City of Miami grants the Mayor, I have called a Special City of Miami Commission meeting because of the severity of the problem that I think confronts us, and because I think it is something that must be addressed quickly, effectively, non -emotionally and I think that there are issues that need to be aired quickly and we need to get to some of these things before they get any further out of hand. In the first place, I will permit those of you who wish to speak to speak. I think we will have to put a time limit, because we cannot be here.....I would hope that we could do this all within the next two hours. Secondly, this is certainly not a kangeroo court and it is certainly not my intentions to come to any conclusions at this point other than to outline possible solutions and remedies to the problems that have occurred and that are behind us so that they will not reoccur Thirdly, I would hope that this would provide an op- portunity as we do in a democratic society for all people who feel aggrieved to expose their position and to come to some kind of a resolution in a civil- ized democratic way so that there is a due process involved. Now, let me begin the Commission input by making the following statement: With regards to the INS policy, let me say that I personally join with those many people who reject the 1980 Immigration Law. This is not the first time I have made that statement. When Elizabeth Holtzman proposed that law and she was a Congresswoman from New York, I personally went on record with her with letters and telegrams in protest of what I thought was an unworkable immigration law. I protested'to the White House at the time and requested that the President veto that legislation. The President of course, did not, and we have today the consequences of a law that I don't think is fair; a law that is arbitrary; a law that goes back on the basic premise that this country has lived under for the last 30 years since President Eisenhower, which is to accept and to refuge any individual that is fleeing from the oppression of Communism. I think that this is something that this Administration and this President should overcome since the previous President, the previous Administration, in my opinion failed in their duty. I would hope that this Administration would be able to overcome, by rewriting, by proposing a rewrite of an unequitable law and reversal of a posture for this country that is totally unacceptable. United States of America and the President, administratively has the power to reverse this under the existing law however. There is a way for the Presi- dent to under the 1980 immigration law, not to send people back to Cuba as was done this past week, and so I for one totally reject the law, totally re- ject the posture as taken by this Administration and the past Administration. 01 ld JAN 171982 r 0 This is not a partisan political issue. They are both wrong. No. 2: The City of Miami Police Department is made up of individuals that are sworn to uphold the laws, and to maintain peace, protect life and property in the City of Miami. That is their sworn duty. Now, whether or not there was a breech in the policies of the Police Department is something that we will determine, and we will determine openly to the satisfaction of the community. I think that is something that again must be done in a civilized due process way and not through pressuring or screaming or creating an incident. In the 3rd place, I would like to say that I think that the people who were marching yesterday have every right to peacefully march. In this democracy of ours, the first amendment of the Bill of Rights guarantees citizens the right to express their opinion freely and that includes the right of protest. And there is no quarters to be given in that right. On the other hand, there is also a need to maintain peace in the community. Now, I would like to finally in this matter, propose that the City Commission appoint a group of leading non-politcal, non -local political, I mean, citizens to carefully investigate and discuss this matter with the officials of the Police Depart- ment and document each one of the incidents or the alleged incidents so that we will have the truth and so that this can be openly discussed and we can come to a logical and a reasonable conclusion. There are four things, and I am saying this in the hopes, not of creating any more incidents, but of docu- menting the areas that we have that are causing rumors and potential problems so that perhaps we can avoid a long, heated discussion here today and we can go home with an understanding that something, that we have put out the basic questions that need to be answered. Question No. 1 that I have to the Police Chief to be answered eventually, when we get around to the discussion is why was there a breach in the established policy of the Police Department, when- ever there is an emotional demonstration of blocking off a block or two blocks away and letting the demonstrators within that area demonstrate until they have concluded their demonstration. It is my understanding that that policy was not followed and that the police cars came into the direct area of the demonstration and that there was a confrontational situation which is not the standard established policy of the Police Department in such cases. No. 2: The second question that I have is, since we have gone through this in the Black community and have learned a lesson that sometimes when there is a Black oriented issue, it is best perhaps to let Black officers deal in the Black community, and this is something that has been, I think, established in other police departments in the nation, and since we have over 200 - close to 250 - Latin Police Officers, including a Deputy -Chief and a Major, why were they not mobilized, since there is a language situation here, to let the Latin, mainly the Cuban Police Officers of the City of Miami Police Department deal with the problem, since I think, maybe they could not have, but they would probably have had a better chance of diffusing the emotions of the mo- ment. That is the second question. My third question deals with the specific incidents. I understand there is an accusation that a police officer took a Cuban flag and tore it and trampled on it and I think that needs to be very carefully investigated and documented. That seems to be an unbelievable thing for anybody to do, and if it occurred, I think that needs to be fully exposed. Thirdly, there was an incident, unfortunately there was an incident of, and I understand that of all the things that occurred yesterday, there was only one individual that was hurt, and it was a woman. And I understand that the woman herself admitted that she did have a confrontational approach, and she did have a stick and was going to hit a police officer. Nevertheless, I understand that she was... that she did... that there was some violence and she was involved in that, and I think that incident and other incidents of violence need to be documented. Now those are the four main things that I understand have been brought up by the media and by the community at large. If there are other things,I am sure they will be openly discussed as we get into this. Alright, now I would like to turn this over to the other members of this Commission for any statements that they may wish to make at this time and then we will get into the rest of it. I will do it by order of seniority. Commissioner? Mr. Carollo: Mr. Mayor, I think that your statement should be taken one step further. I think that the Police Chief should investigate every incident that happened yesterday. He should carefully go over every arrest report and he should carefully go over any allegations that we have now, or any allegations that might come to our attention next week. At the same time, Mr. Mayor, I also feel that we should certainly establish a committee of citizens,responsi- ble and well intentioned citizens to look into this whole matter. At the same 92 JAN 171982 r 0 time, Mr. Mayor, I strongly feel that this Commission should go on record, right tomorrow sending a telegram to the Civil Rights Division of the Justice Department, and asking the Justice Department to come to Miami and do their own investigation of the incidents and allegations that happened yesterday. Mr. Mayor, the problems that we had yesterday were much, much greater than maybe none of us here realize. It was a very sad day indeed for this community, a very, very depressing day. First of all, I think we should keep in mind the main reason and the main issue why there was a demonstration yesterday. We should not forget the reasons why, therefore I think also, Mr. Mayor, we should, along with sending a telegram for the statements and problems that we have stated here to the Justice Department, we should send a telegram from this Commission. The Commission represents the City of Miami and re- questing of Mr, Reagan, our President, to immediately check into the INS rules and regulations. that sent a young man probably to his death; a young man - the only thing that he was guilty of was wanting freedom - the ironic thing is that this Commission went on record last year in sending a telegram to the former President and the former Administration requesting that any criminals, no matter what nationality they came from, they were refugees and had violated our laws in the form of a felony, that the Federal Government would take a hold immediately - they still have not done that - and here we have cases of hard core criminals, cases of yes, Castro agents that were sent in this last boatlift, that are terrorizing not only this community, but communities throughout this whole country and we can't get rid of them. Nobody wants these kinds of people. We can't get rid of them: And here you have a case of a young man that all he wanted was freedom. A young man that would have made a fine outstanding citizen and this is the kind of individual that the Immigration Department sends back to Cuba, instead of sending back the crimi- nal element, the hard core criminal element that were sent to us? That just doesn't make any sense whatsoever. Mr. Mayor, Members of the Commission, Fellow Citizens, yes, what happened yesterday has to be answered and has to clarified, but it has to be done in an orderly and proper way for not only the civil rights of our citizens be protected, but the civil rights of our police officers must be protected. If we have any officers that have done wrong, I will assure you, that once that is proven, we are not going to have any mercy. At the same time, if there are officers that are innocent, I just don't want to have a free for all and tear this community any further. Yes, I believe that there are bad apples in every group. For the most part I think that we have a department that we can be proud of. We have a police department that has gone through more than any other police department in the country in the last few years with all the problems we have had locally. That doesn't mean that if there are officers that went beyond the scope of the law that we are going to turn the other cheek. Our officers have a respon- sibility. They are professionals and they have the responsibility to protect the civil rights of any person that lives in this community. I assure all of you here that by having an independent committee reviewing the situation, of responsible citizens, by having the U. S. Justice Department come into Miami and conducting its own investigation and by having the Police Department conducting its own internal investigation that we will get all the facts on the table and that justice will be done. But, I plead with you here tonight all of us have to join, hand in hand and keep calm in this community. We all have to work together, because if not, this community is going to be destroyed. And after what happened yesterday, yes the potential is there even though there are people in this country, this city and different parts of the press that be- lieve that Communism is something that of 50 years ago, that does not exist anymore. I disagree strongly. In the potential that Castro agents could take a hold of a situation like this and turn it upside down, and to turn law abiding citizens into mobs, I think is great. And I think that yes, we have to keep in mind that any citizen in this community has a right to demon- strate in an orderly fashion; at the same we all have an obligation to make sure that elements that are ill -intentioned do not take hold of our emotions and leave this community to a sad, sad path. Mr. Mayor, those two areas should be included - the area of immediately sending a telegram to the Jus- tice Department from this Commission requesting that they conduct their own investigation on the incidents that happened yesterday and that we send a letter to President Reagan, requesting of him to review and act on upon this ridiculous IRS rules and regulations they claim that they have. I think that that will go a long, long way into doing what is right and what is just. Mr. Dawkins: Mr. Mayor, I would prefer to reserve comment until later on in the hearing, if possible, please. U3 JAN171982 Commissioner Perez: Mr. Mayor, I wish to report first that as soon as we found out of the crisis situation in our community, I contacted yesterday --the City Administration and along with Assistant City Manager Cesar Odio and attorney Jose Villalobos, I went to the City of Miami Police Department, where I had the opportunity to inquire personally about those being detained and where I was informed that they would quickly be released. I have been informed that they have been released. At the same time, I contacted the leaders of several organizations which whom I was in contact until way past midnight. As it was, we are going to decide for the march on S. W. 8th Street and 13th Avenue about 8 o'clock at night where we tried to appeal to the community to remain calm. Now, Mayor, our colleague Commissioners, I would like to introduce a formal motion: In view of the events transpired, we feel it is.pertinent to call the Mayor and fellow Commissioners to ap- prove the following Motion: FIRST: To condemn the deportation of Andres Rodriguez Hernandez, the first Cuban deported since Castro came to power in 1959 and whom we under- stand was denied due proces in his quest to remain in this country. SECOND: Request from Federal authorities a clarification of the deporta- tion of Andres Rodriguez Hernandez and also approve a Resolution asking for an urgent solution to the Haitian refugees in Krome Avenue. THIRD: Designate a Committee made up of members of our community, in order to gather all complaints resulting from the January 16th march and public demonstration. FOURTH: To ask the City Administration, with the advice of the fact finding committee, to conduct an investigation of the many citizen's com- plaints concerning yesterday's events in an effort to clarify actions and responsibilities. FIFTH: To appeal to the community to remain calm and to help in this effort and to keep open the lines of communications to keep from distorting the reasons of the noble cause of solidarity for the quest for freedom of Andres Rodriguez Hernandez. That is my motion that I would like to introduce today. Mayor Ferre: Before we get a second on that, I think Commissioner Carollo wanted to add to additional points. One, is that the City Commission immedi- ately request and ask the Clerk to send a copy of the resolution and I will personally, and I think you, Mr. Manager, should also and the City Attorney should pursue the request of the Justice Department and the Civil Rights Commission since Squire Padgett, by the way, will be coming down, I understand within the next week, but whoever is responsible in the Justice Department could immediately begin the Justice Department investigation on it. Mr. Carollo: Mr. Mayor, excuse me. If it would be alright, I would like to have three separate resolutions. If we could approve the one Commissioner Perez has here that includes the statements that you have made and suggested and that I had also made on the committee and then we will make the other two that I suggested. The only amendment that I would like the maker of the motion to make, if he could, is on the part of where the complaints will be gathered at. I think that while he might take a couple of days to get a committee properly functioning, but in the meantime I don't want anyone wait- ing out there that has some legitimate complaints waiting on any committee to be formed. In the meantime, I think that our citizens should know that anyone that has any kind of complaint or allegations has different routes that they ' can take. They can go to the Internal Security Section of the Miami Police Department, or for that matter, they can go directly to the State Attorney's office, or both. Mayor Ferre: That is point No. 4. Mr. Carollo: And the third point that he has here, if we could just change that area, and citizens gathering the complaints directly from the committee or through the City Manager. If we could just leave it at the regular proce- dures that we have, leave them as such and whenever the committee is in opera- tion, by late tomorrow or the next day, then the committee could join in that formal process that we have. 04 J A h 17 1962 r Mayor Ferre: Alright, now, do you understand the requested changes? Do you have any objections to that? Mr. Perez: I do not have any objections. Mayor Ferre: Alright, is there a second to the motion? Motion is duly seconded with the amendment as made by Commissioner Carollo's clarifications of these five points. Alright, is there further discussion on the motion as presented? If not, call the roll, Mr. Clerk. The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 82-58 A RESOLUTION CODEMNING THE DEPORTATION OF ANDRES RODRIGUEZ HERNANDEZ, THE FIRST CUBAN TO BE DEPORTED SINCE FIDEL CASTRO ROSE TO POWER IN 1959 AND A PERSON REPORTEDLY DENIED DUE PROCESS IN HIS QUEST TO REMAIN IN THIS COUNTRY; FURTHER RE- QUESTING FROM FEDERAL IMMIGRATION AUTHORITIES A CLARIFICA- TION AND EXPLANATION OF THE DEPORTATION OF ANDRES RODRIGUEZ HERNANDEZ AS WELL AS REQUESTING AN URGENT AND IMMEDIATE SOLUTION TO THE HATIAN REFUGEE PROBLEM IN THE KROME AVENUE FACILITY; AND FURTHER ESTABLISHING A CITIZENS FACT FINDING COMMITTEE WHOSE MEMBERSHIP IS TO BE MADE UP OF LEADING COM- MUNITY MEMBERS IN ORDER TO GATHER ALL CITIZEN COMPLAINTS IN CONNECTION WITH THE JANUARY 16, 1982 PUBLIC MARCH AND DEMON- STRATION WHILE REAFFIRMING THE AVAILABILITY OF NORMAL SOURCES TO WHOM CITIZEN COMPLAINTS CAN BE MADE; FURTHER REQUESTING THE CITY ADMINISTRATION, IN CONJUNCTION WITH THE ABOVE CITI- ZENS FACT FINDING COMMITTEE, TO CONDUCT AN INVESTIGATION OF THE NUMEROUS COMPLAINTS OF CITIZENS CONCERNING EVENTS WHICH TOOK PLACE ON JANUARY 16, 1982 IN AN EFFORT TO CLARIFY ACTIONS AND RESPONSIBILITIES AND ALSO APPEALING TO THE COM- MUNITY TO HELP IN THIS EFFORT BY REMAINING CALM AND BY KEEP- ING THE LINES OF COMMUNICATION OPEN IN ORDER TO PRESERVE THE NOBLE CAUSE OF SOLIDARITY IN THE QUEST FOR THE FREEDOM OF ANDRES RODRIGUEZ HERNANDEZ. (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 Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Mayor Ferre: Okay Mr. Carollo, now make your motion with your two points. Mr. Carollo: Mr. Major, I am going to make the second motion and after that will make the third motion. The second motion, Mr. Mayor is for this Commission to immediately send out a telegram to the Civil Rights Section of the Justice Department, asking them to immediately start their own in- vestigation of the incidents that occurred yesterday. That is my motion, Mr. Mayor. Mayor Ferre: Is there a second? Further discussion on that motion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: .95 J A N 171982 The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-59 A RESOLUTION INSTRUCTING THE CITY CLERK TO FORTHWITH SEND A TELEGRAM TO THE CIVIL RIGHTS DIVISION OF THE JUSTICE DEPARTMENT REQUESTING THAT THE JUSTICE DEPART- MENT IMMEDIATELY COMMENCE ITS OWN INVESTIGATION OF THE INCIDENTS THAT OCCURRED IN CONNECTION WITH THE PUBLIC MARCH AND DEMONSTRATION IN DOWNTOWN MIAMI ON JANUARY 16,' 1982. (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 Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Mr. Carollo: The third motion, Mr. Mayor, is a resolution. This Commission will be going on record as sending a telegram to President Reagan to ask him to immediately look into the facts. and conduct an investi- gation why the Immigration Department of the United States deported a young man whose only crime was wanting freedom. Mayor Ferre: Alright, is there a second to that motion? Alright, under discussion, I would like to ask the maker of the motion to possibly expand the motion so that it not be just applicable to one individual, Andres Rod- riguez Hernandez, but rather that it deal with the principle, which now has been violated by the 1980 Immigration Act. and which the President has ad- ministrative powers to override, but in addition to which, the President, now that he has been in office for a year come January 20th, should immediate- ly send to the Congress a proposal for a new immigration bill that would over- ride and overcome this new aspect of the law so that it reverts back to the traditional posture of the United States since the Eisenhower Administration of granting asylum to those that are oppressed by political, by Communist political regimes in the world. Mr. Carollo: Mr. Mayor, I accept that for the purposes of further clarifying our point of view for the President. Mayor Ferre: Does the second of the motion accept that? Mr. Perez:' Yes. Mayor Ferre Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO 82-60 A RESOLUTION INSTRUCTING THE CITY CLERK TO SEND A TELE- GRAM TO PRESIDENT REAGAN REQUESTING THAT HE IMMEDIATELY INVESTIGATE THE REASONS FOR THE IMMIGRATION DEPARTMENT'S DEPORTATION OF ANDRES RODRIGUEZ HERNANDEZ, A YOUNG MAN WHOSE ONLY CRIME WAS SEEKING FREEDOM, AND REQUESTING THAT THE PRESIDENT IMMEDIATELY SEND TO THE CONGRESS A 06 J A N 171982 PROPOSAL FO NEW IMMIGRATION STATUTE THAT ULD EFFEC- TIVELY REPETHE 1980 IMMIGRATION ACT AND TV, RE- QUESTING THAT, IN THE INTERIM, HE EXERCISE HIS ADMINIS- TRATIVE POWERS TO OVERRIDE ANY SUCH FUTURE DEPORTATION ACTION ON THE PART OF THE IMMIGRATION DEPARTMENT SO AS TO ALLOW THE COUNTRY TO RETURN TO THE POSTURE OF GRANT- ING ASYLUM TO THOSE WHO ARE OPPRESSED BY COMMUNIST POLITICAL REGIMES IN THE WORLD, THEREBY FOLLOWING A POLICY WHICH HAS BEEN TRADITIONAL SINCE THE ADMINISTRA- TION OF PRESIDENT EISENHOWER. (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 Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice.Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Mayor Ferre: Alright, are there any other motions that need to be made at this time. Alright now, are their members of the public that wish to address this Commission at this time? Raise your hands so I can see how many speakers? Alright. Please don't feel obligated to speak. Only if you think...I see nine hands. I would only ask two conditions. I want you to listen to this, some of you in particular. One is, that I am suspicious that some people have, and I am not making any specific accusations, but there are suspicions that people are using this unfortunate situation for local political expediency and I would hope that - and I am not making any specific accusations to any of the individuals that are going to speak - if it is applicable to yourselves, then apply it, that you would refrain from taking this very, very serious situation as an opportunity for a personal political expediency. The second thing that I would request is that if a speaker before you, or as a member of this Com- mission has already addressed that particular issue and it has been resolved that you not abuse the courtesy that we will be extending to you on these microphones, and it is a courtesy by repeating over*and over to exacerbate something that has already been stated. Now perhaps.... and I see Monsignor Walsh laughing back there, because he says that may be wishful thinking on my part, but I would certainly hope that you would exercise the constraint of those two requirements, and with those conditions I will recognize the first speaker. We need your name and your address and if you will step up I would appreciate if you would keep your statement...does anybody need more than 3 minutes? That is 9 people times three minutes, let's say it will be a half hour. Does anybody need to speak more than that. Tell me now. Mr. Perez: My name is Renaldo Perez, 120 S. W. 17th Court, Apartment No. 7. I have been a resident of the City for over 20 years. I never in my life have I seen the Police Department react in the way that was done yesterday in front of the Immigration Building. I am not going to blame the whole force, because that would be unfair. There were officers there that were professionals, but there were other officers that should not be in the Po- lice Department. If you want, Mayor and Commissioners, I am going to men- tion the names and the incidents. Officer Alvarez the first initial - "L". He was using police brutality, insulting persons that have been put under arrest in the street and inside the Police Department. Officer Cheney, he was using police brutality, insulting everyone there, using dirty names that I cannot mention here. Officer Barreta, he enjoyed to use police brutality. Officer Joseph, I do believe that is his name. It is in the Miami Herald, on the front, page today. Even I called the attention to the News Media to take picture of his hand. It wap bleeding because he hit so many people so many times that he bled himself in the hands. I want to mention that particu- lar incident with our flag, the Cuban flag. It was taken by Sargeant Bodea. He dropped it on the floor--Bodea. I know him for a long, long time. He theuw it on the floor and stepped over the flag, and I really feel sorry for him, because I really feel sorry for him because the one who was addressing this Commission back in 1968 rescuing an American flag from the hippies to prevent them from burning it. I want -to call the attention to this Commission that the Chief of Police has implied because we don't have a permit the police react in that way. I want to call the attention to this Commission that during the Mariel boatlift, over one hundred different demonstrations was done was done in the City and none incidents of fighting between Cuban and police result from that. I want that this Commission put real attention to what hannenpd to the nennle that were detained 07 J A N 17 1962 V f by the police. I laugh when I hear that only one person was hurt. I know many cases like Ramon Sanchez, Ramor-Diaz and I will request from this Commission to summon the films from Channel 7 and review that film. You will see a person that was taken under arrest by two policeman and a third policeman hit him in the back with a flashlight. You will see a black person that has been hit by four policeman with the nightstick. I hope that we get results. Our fight is not with the Miami Police Department or with the Federal Government of the United States. Our fight is for the liberation of my country, Cuba. Our fight, our only fight is with Castro and the Communists. Thank you. Mr. Cotin: My name is Joe Cotin. I live at 3111 N. W. 4th Street. Thank you, Mr. Mayor.. Thank you Commissioners of the City of Miami. I do not come here to defend myself because I was arrested yesterday at the rally that was taken place in front of the Immigration Department. I come here because I am not a criminal. I come here because the people who were arrested with me, they are not criminals. We were simply demonstrating because one of our brothers was sent back to Cuba. That was said here before. Everybody was demonstrating this way until the police arrived at the scene of the protest. I was taking the names of the Police Officers who hit my fellow Cubans and I was giving it to a lady who had a tape recorder when I was pointed out by Officer Barreta and Officer Al Alvarez. They called Sergeant Bodea, or some- thing similar and they pointed at me. I say,"well they are cooking somethine for me". Anyway, I kept on the demonstration. I went out of cigarettes, I was accompan- ied by my wife and my wife's Uncle. I went to the Federal Discount to buy a pack of cigarettes. I was followed by Officer Barreta and I was arrested in- side of the Federal Discount located on S. E. 1st Street between 1st Avenue and South Miami Avenue. I have been charged quite strongly. First of all, I was taken into custody in a police car. I was transported to the Miami Police Department. I stepped out of the car. I was hit in my head. I was hit in the back. I was taken inside. The officer was asking, - the officer who made the arrest was asking the other officer what he could charge me with - and the same thing happened with all the other Cubans that were ar- rested. One thing that I would like to propose is the Civil Rights Commis- sion that is going to make this investigation, if the police are found guilty, to let the Police Force and the charges for the Cubans who were arrested to be dropped. There are great feelings among the Cuban community. What happened yesterday is creating an anti-American feeling in this community, which this we want to avoid. I have been in this country for 20 years. I am an American citizen. I am a veteran of the United States army. That is all. Thank you. Mr. Salmon: Mr. Mayor, Mr. Commissioners, my name is Carlos Salmon. My address is 2731 Coral Way, Miami, Florida. I am here before you tonight to express my great concern. I heard that Commissioner Carollo say a few hours ago that he was really shocked and his heart was really bleeding, more or less were the words, for what had happened. So is mine. Two very unusual incidents had happened in the last 72 hours in our community. The first incident has nothing to do with our local authorities. Unfortunately, a Cuban young man was deported by the Immigration Authorities of the United States. Mayor Ferre had pointed this out, and it is the only reason I bring it out. And it is a very strange coincidence. You know, during these 72 hours another major incident had happened in our community. We have lived here for 21, 22 years, most of us. We have had the best relations with the Miami Police Department. I think most Cubans have been most cooperative, like this gentlemen said a while ago, we have have had many, many demonstra- tions and wt have never had a problem. Again I say by a strange coincidence the first time we do have a problem is after this deportation problem. Mayor Ferre indicated that probably the reason for the disturbance was brought by the deportation of this young Cuban man and I have to agree with him there. I think Mr. Mayor, you are 100% right. I think we should try to contact the President of the United States and try to find a satisfactory answer to why it happened. I have been in contact with the White House for the last 24 hours, and hopefully I will be able to meet with the President personally, if not tomorrow, the day after. And I might be able, if you have by that time, your complaints in writing, I would be more than glad if you would allow me the privilege to take it personally; I would do so. This is one of the reasons I am here to offer this to all of you and I think most of you know me and you know that I would deliver this to the person. Now, the thing I am mainly concerned, Mr. Mayor and Mr. Commissioners is that we live in three -ethnic community and we have to live together for many years to come. I do not really care so much how one sporadic incident. We all are human beings. We all make mistakes. Even the President of this country could have ld 08 JAN 171982 f f made a mistake, which I....I am almost sure he knows nothing. He was not in- formed of what happened to young man Rodriguez. But again I say we are all human beings, and we are allowed to make mistakes, because that is why we are human beings. If we were perfect, we would not make it. But the thing again that worries me the most is that this mistake could take us to more serious problems. If we don't try to put a stop to what is happening, I mean, we are creating three enemies that we should not have three enemies. I think we live in a three -ethnical community and we should all be able to live to- gether. I can say that there is no reason for it and I see the way antagonism is being created, between Anglos and Cubans, between Cubans and Blacks and between Blacks and Anglos and Cubans. And that is a shame, because we have a lovely community. We have the honor of Mr. Mayor of being Mayor of the city in Florida which I think is more respected and more loved. And I think you have a tremendous responsibility on your shoulders together.with the other four mem- bers of the Commission to see that this does not happen. Because in the long run, and in the short run, we are all are American citizens. We all live in this community. I don't care whether we are Black, or whether we are White or whether we are Anglos or whether we are Cubans or Catholics or Jews or what- ever it is. We all should learn to live together and respect each other. From incidents like what happened yesterday, I don't think this should happen again and very definitely believe, because I was at the press conference and the Chief of the Police was extremely generous to answer all of the questions that he could, but I must say, just from a logical standpoint, Chief of Police, you were not prepared for that conference, because most of the answers were "but I don't know the answer yet". I haven't seen the tapes. I haven't heard the tapes. I don't know whether the police started it. I don't know whether the people who started it or not. I think the press conference was completely honest, out of time, out of context, I think it shoud be clear that the' only reason some of the spokesmen there said that it should be clear beyond the jurisdiction of the City of Miami, not because we don't trust you, Mayor and the four of the City Commissioners. On the contrary, we respect you com- pletely and that is why you have been elected to run the City. The problem is, there is a different picture among the Cuban community and there is a different perspective. If the City of Miami you know, excuses itself of some wrongdoing, I hope there was none, and I really say so when I say I hope there was none, I really mean it. I am not being sarcastic. I hope there was none. But it is not going to be believed perceptively if it is cleared out by yourself in a sphere by a superior authority and that is why the motion made by Mr. Carollo and seconded by all of you, I quite agree with it. I just want to emphasize we must work together, we must live together and incidents like yesterday, we should try to do everything possible to avoid it. And let's not blame, let's not blame, let's not blame, I say it three times, the Cuban media for instigating any riots or any wrong doing, because that would be really, really, really going far away from what is true. Because if all of you listen to radio stations like I do, you would hear, and you would have to agree with me that there are a lot of radio stations which are not Spanish speaking radio stations that really have done a very bad and poor job for our community. I do respect all of you, and I want to ask for your help and your intelligence and may God inspire all of you so we can have what we all want: a nice and beautiful community that we can all live together in and be proud of. Mayor Ferre: Mr. Knox, there were three resolutions that were passed by the City of Miami Commission. Commissioner Plummer was not here, and I am sure he will speak to that in a little while after the public segment, because he had something and just couldn't be here previously and I know that you had to do a great'deal to get here at all, Commissioner Plummer, and I thank you for it. When the resolutions are finished, the three of them, I would appreciate your sending them to the makers of the motion and to the other members of the Commission so that they can sign the documents and a copy of that signed document can be delivered to Mr. Salmon, if he does indeed have the opportunity to see the President on Tuesday. Alright, the next speaker. Mr. Goicochea: Mr. Mayor, my name is Fermin Goicochea and I live at 1400 N.W. loth Avenue. I would simply like to respectfully recommend that in the initial five items that you requested that the Chief of Police address, that you re- quest that the City Administrator requisition the air traffic tapes of the radio communications that took place during both of those incidents and also requisition the notes and records of the briefings that were given to those 09 JAB! 171°82 W policemen prior to their being sent out to the street to deal with these demon - stations. I was present at both times and it seemed to me that both the atti- tude of the policemen when they arrived at the scene was like a self-fulfilling prophecy. It was almost like they were expecting a much more difficult situa- tion than really existed and also at different times, comments were heard while officers were communicating on their walkie-talkies that seemed to indicate that the instructions being given were not being given by people who were aware of what was occurring at the scenes$ so this is all I have to ask. Thank you. Mayor Ferre: I will expand my request of the four questions that I asked of the Administration to include the review by yourself of the air traffic tapes and the notes and records of briefings before the incident. Next speaker. Mr. Armesto: 8y name is Eladio Armesto and I live at 250 S. W. 34 Avenue, Miami. Mr. Mayor and Mr. Commissioners: It is a sad day yesterday. I am here just to say a few words. I was there. I didn't like to be there, but I had to be there and I think there is two items in what happened yesterday. One is Federal program that this Commission is going to address in the manner of a letter to our President, and the local problem. I realize I did take a very good look at the local problem, because it is the tirst, and I hope it will be the last one. The City of Miami Police Department, the measures they took our people, our citizens, our taxpapers yesterday afternoon, because it they had done that to another community, one of three or types of community we have here, the results were different and the two years ago proves what I am saying here today. Our people, is not because they are passive or they are dumb or they are lambs. It is because that is the way we are. We exer- cise all the ways and all the means. We expire all of them, we use all of them before going in a further step. Let's pray and let's get enough help that that other step will not be taken and the only way to that is to preventing. Doing something today that has to be done not tomorrow, but today, that the Police Department be instructed to handle the future manifes- tations of the Cubans, the future demonstrations mean in one case or the other, the same way they did when the Mariel boatlift and we had no problem at all. We have been here for twenty years without any problem of that nature, and we hope to be here without any problem, not ten years, but only a couple of years more if that's possible and that is the job of the Commissioners and the Mayor to insure a safe community, to insure that our citizens are not attacked by the police, to insure that the police do the Job of getting the lawbreakers, not our fellow citizens who only -crime was to sing the Cuban National anthem. Thank you very much. Dr. Theede: Members of the Commission, Members of the Cuban Community and the Press: I am not here politically, I am here as a citizen with a very sad heart. Why? Because all of us have been taken advantage of. The Federal Government continues to maintain an irresonsible attitude towards the citizens of Miami. Commissioners, you failed on one point. This point is that our communication media is deficient in aiding the maturity of all of the citizens of Miami. We may be tri-ethnic, but we still have one thing that we are interested in. This is political freedom and economical freedom. As long as the media continues to split us and tell us that we must work one against the other, that we are separate instead of one, this will continue to happen. I have traveled all over the world and I have seen Communism in action and Ladies 6 Gentlemen, there may be members of those demonstrators yesterday that were sincere and honest, but there were members of that group that had to be Communisticly lead. Some of you were victims of Communism. The way to be an American is to write the President, to phone the President, to write your Congressman. You must demonstrate. But with demonstration goes a res- ponsibility, the responsibility of respecting other people's rights, whatever it may be. I stand behind the Cuban community as I always have and always ., will, but I do not stand behind Communism. For 24 hours I have tried to decide what to say to you. I am asking you, please, members of this com- munity, and especially, members of the news media, don't split us. You live in this city, this is your city too and if you destroy, you destroy yourself. We have been destroyed enough and it is time for this destruction of the media to stop. It is time for us to unite and it is time for you to lead because this is a responsibility that you have. The freedom of the Press goes with the responsibility of the Press, and your freedom is not the freedom to destroy. It is the responsibility to lead and to unite and to give our community unity and a unity that is positive, not destructive. We as citizens cannot fight the negligence of the Federal Government, but we can fight the negligence of the Press. I hope we don't have to do this, I hope the Press leads us into unity and into a good citizenship. I'm sorry. 10 JAN 171982 Mayor Ferre: Alright, next speaker. Mr. Dominguez: My name is Mario Dominguez. I live at 4950 W. Flagler, Apart - went No. 1. Mayor, Commissioners, I would like to thank you for giving me the opportunity to express myself here today. I am a merchant in the downtown Miami district. I am also a chairman of the Crime Prevention Committee and I had the opportunity to work very close with the Miami Police Department. The reason I am coming in now is two reasons. No. 1, I would like to propose to you Mayor and the Commissioners, if it would be possible to the management and to the State Department that the gentlemen that was sent to Cuba will be sent back to the United States, that is No. 1. No. 2, my second and stronger reason why I decided to come up and speak here today is because I would like to tell Chief Kenneth Harms that in my opinion, was the lack, - and that was the same issue that you spoke about in the beginning of this meeting - the lack of high ranking officers at the scene of the Immigration department yesterday was responsible for what happened in the evening and late night. Since I work in the downtown Miami area, I went to the Immigration Building to see what was going on. As soon as I got there, I kept asking Major Alba who I have known through working with the Crime Prevention Committee in the past. I also asked for Major Anderson and none of these two majors were there. Information came to me from Sergeant Walker who happens to be a good friend of mine too. I kept asking about every 10 - 15 minutes. Finally I had to leave. When I came back, found out that Major Mahoney was there. Again, I don't feel, what you say I feel that if instead Major Mahoney, or Major Alba or Major Anderson had been there, the situation would have been different. I also feel that due to the fact of the bad experience of the riots of 1980, the Miami Police Department they do ki►ow very well how to handle riots. They do not know how to run a political demonstration, and I think when the con- fusion part. I think when the Miami Police Department dispersed the policemell right there, they were under the impression that they were going against a riot. Again, a riot is when people in my opinion are smashing windows or they are using weapons or they are burning the Immigration Department. Nothing like this was happening. So again, in behalf of the Cuban community, and at the same time I do feel that we do have a majority of the Police Department, they are good officers. They do want to help the community. We worked toget- her in the past and I know we can work in the future, but I do feel that it is the duty of the Chief of Police they should make a point, there is a difference between a political demonstration and a riot situation, and I think would solve the problems. Again, I would like to say that I was a participant in the march. After I left work I went and I participated in the march and I do..I have been in the country for 20 years and I am an American citizen and I will participate in every march. I participated in many marches before during the Peru embassy situation and I never saw anything like this. We had Sgt. De Leone at that time on 27th Avenue and he handled that beauriiuiiy, and I know we have a good officers that can handle any situation in the future. So please, let's try to work together for the betterment of the community. Thank you. Mr. Mas: My name is Jorge Mas j live at 12800 Old Cutler Road.I have been'living in this com- mdnity for the last 22 years and I have participated in most of the demonstra- tions that the Cuban exile community has taken part of. What I saw yesterday, I have never seen that before in Miami. The attitude of the Miami Police Department was something that I do not fully understand yesterday, so I have'. a request for the Mayor and the Commissioners. I want to commend you first for naming this independent committee that should investigate what took part and what happened yesterday; that the members of this committee that you are about to nafhe, don't be political loyalists...the political friends of anyone of the Commissioners or the Mayor. It will be the last thing that we need in this community that is already divided, deeply divided, that this Commission " or this committee be used as a political tool of factions within the City Commission or against any particular segment of the population. He should be really selected and when people who, their credentials, their credibility their talents, their merit is an asset to the community. And I would like to request to the Mayor that he request in turn from the City Manager to make certain that they will secure all the tools that this committee needs to work at professional jobs and report to this full Commissions subpoenaing the tapes of the different TV and radio stations, not only the inside communcations of the Police Department, but the newsreel tapes that were shown yesterday on Channel 4 & Channel 10 and Channel 7, and make certain and I would like to request the cooperation and call the attention of the Com- mission that this committee should establish its credibility by the people 11 JAN 17 1982 l who are going to be nominated to it and that they should guarantee full independence to the review of the investigation that this committee should conduct and the report that you send back to the Commission. And that only, you will only be able to be accomplished with the cooperation of the City Commissioners, the Mayor mainly and the Staff directed by the City Manager. Thank you very much. Mayor Ferre: Mr. Mas, I just for the record want to state that I mentioned to you some of the people that I was considering, and I am sure the other members of the Commission will also have recommendations. As you immediately recognized, the majority of the people that I was discussing are people that either were not involved in the political campaign because they are religious individuals, leaders of this community. Some people were neutral, some that were partisans -of mine and some that were partisans of my opponent. So I think I went immediately on record with you that that was not to be the case, so I am sure that you recognize that that is the situation. Mr. Marin: My name is Gustavo Marin, 1661 West Flagler. I think we should not confuse the issues here, Mr. Mayor in terms of what the Cuban community feels about this incident. We have demonstrated before and we demonstrated this time on behalf of human rights in Cuba and I would say that such was the objective of that demonstration. The message was sent very loud and clear to the present administration that we will not allow any more deportations where jail sentencing or even worst could happen to the people who are sent back to Cuba. Unfortunately, we had to move away from that and seek the much more immediate objective now that has to do with the rights of all the people who participated in the demonstration, including the Police Department, as Mr. Carollo said. We, in the Cuban community, do not wish to make this an indictment upon the whole Police Department. We commend the initial steps taken by the Chief of Police and by your office and the Commission, but we feel that what we show there could be a warning to future demonstrations. Not only in terms of Cubans, but in terms of all the citizens of this community. I feel that if such is the case, and this is an individual and isolated inci- denct, we have nothing more to talk about except an in depth investigation of the facts and the culprits. But, if the attitude of some policemen during that demonstration is a much deeper manifestation of the attitude of many other policemen, I think this is a cause of concern. I doubt that some of the policemen who were there were psychologically equipped or emotionally trained to deal with a disturbance. In the beginning there was not ever pre- sent the element of persuasion. Whether the city statutes were violated or not, whether the law was not followed by those who participated, or some of which participated, I think that is only part of an issue. But, we cannot go into a crowd giving them not an ample opportunity to reach for a secure place and club them, and such was the case. I am not indicting all the people who were there in the Police Department, nor am I exonerating our fellow citi- zens from whatever misgivings they did commit. But I feel that this is an instance that if it is an isolated circumstance, we should not ever talk any more about it and create more tensions, but we must address ourselves to all the other rotten apples that Mr. Carollo and some of you mentioned before in our community and in every other community, including the police community. Furthermore, I think we will start whatever investigation, whether it is done by your office, the Police Department or an independent body. We commend you in your attempts to seek justice, but we feel that justice and equity has to be done in this case, and whoever is guilty of committing the violation of human rights and the brutality, whether he wears the uniform or not has to be punished. Last, I would like to say that we are fed up with being lectured on law and order in this community. For the community that had the presence for many years of the Klu Klux Klan, for a community that has seen other situations of police brutality, for a community that has seen the work of the Mafia for many years, we are fed up on being lectured on how we have to behave. Our records, our statistics will guide everybody who wishes to say so on how the Cuban community has behaved. Although there are again situations in which that has not been the case, this community has complied and followed law and order and still does so. I must thank you and everybody interested in the facts and let us hope that justice and severe punishment comes out of this. Thank you. Mr. Castillo: My name is Isidoro Castillo,, 1501 S. W. 8th Street. I will follow the instruction of Mayor Ferre and I will not repeat things that have already been said by speakers that have spoken already here in this Commission. I would like to touch one point that in your motion that you have already 12 JA.N 17 19 82 0 # passed. I think that is the key to everything that happened yesterday and I think it is not in the hands of the Commission to resolve that situation, but I think it is in the hands of the Commissioners and the Mayor with the political contacts that they have and it is in the hands of the Press and it is in the hands of all the people that live in the community to try to argue this point to the Mayor, to the top place here in the Administration in Washington. It is the point about what you say about the 1980 act of refugees. .That does not only affect Cubans and I don't want that the people of the community of this city believe that yesterday we only was demonstrating because of a Cuban who had been sent back to Cuba. It was a demonstation because we was trying to help to save the history of this country. This country has to keep their arms open to everyone who is seeking political asy- lum, escaping from oppression and escaping from hunger. I think that in this city we have begun to be a city of refugees. There are poor Haitian refugees that have been discriminated by this law. We are full of Nicaraguan refugees that have beep discriminated by this law. We some Salvadoran refugees here that have been discriminated against by this law. It is not only a problem of the Cubans. It is a problem of a lot of people in this community. I think that that is an important issue that we have to address. I refer specifically to this issue because what I am saying, we have to change the act of 1980, for the problem is that new Administration has a new proposal of law of refugee immigration that is in this moment in sub -committee in Washington. The problem is that the new law is worst than the 1980. It Rives more power to immigration to deport on the spot. Then we cannot ask only in this moment to revoke the 1980 law; we have to ask to watch very carefully the new proposal of law that is in the hands of the Congress in this moment. I believe that I am a refugee; I came to this country and I have recieved a lot of things from this country, and I believe that everybody that comes here looking for the same thing that I came has the same right, whether it is the Haitians, the Nicaraguans, the Salvadorans or a Pole. Maybe tomorrow we are going to have to open our doors to many other people. That was my only point I want to make and thanks for the opportunity. Mr. Dawkins: I saved my speech until I was sure that someone realized that this was not a Cuban problem. This is the first gentlemen in whom I feel has the depth of what is really happening. I respect your right to demonstrate. I will demon- strate with you in a peaceful demonstration at any time. I will go to jail with you while we demonstrate. But Miami is a City united, and unless we work to- gether in Miami, Miami is doomed. You have to experience oppression as I have in the United States to understand exactly what is happening. The Reagan Admin- istration does not care about the Cubans. The Reagan Administration is sure that it is going to see that no Haitians remain in this country. But it cannot rightfully let the Cubans stay and send the Haitians back, so the demonstration of that one Cuban is telling all of us that they will send the Cubans back in order not to keep the Haitians. Now I would like to close by reading a quote for you. "The greatest social problem of all is indifference. In Germany they first came for the Communists, and I didn't speak up because I wasn't a Communist. Then they came for the Jews, and I didn't speak up be- cause I wasn't a Jew. Then they came for they came for the Trade - unionists, and I didn't speak up because I wasn't a Trade -unionist. Then they came for the Catholics and 'I didn't speak up because I was a Protestent. Then they came for me, and by that time no one was left to speak up." Thank you. Mayor Ferre: Are there any other members of the public that wish to be heard at this time. Alright, you did not raise your hand before. How many of you were here that raised your hands before. Alright, I am going to give you three the right to address this Commission, but I am not going to continue this now, so if you want to speak, raise your hand now. There are four speakers. Alright, come up to the podium and address this Commission. You each have three minutes. Mr. Ricardo: My name is Enrique Ricardo. I live at 112 N. W. 13th Avenue. That is right in front of the parking lot of SunBank. Last night I was with my girl friend until 11 o'clock at night. I left my girl friend's house at 11 o'clock. In front of my house *I parked my car There were like 100 policemen in the park- ing lot with their shields and their clubs, beating on their shields, scream- ing "let's go get them". Alright? And I was there on the sidewalk a block away from 12th Avenue. Sure, I was picked up yesterday. The closest I have been to a police officer before is a speeding ticket. In 13 years in this country I still have bruises from the plastic handcuffs on my hands. I have never been so 13 MN 17 1982 0 - embarrassed in my life. And I am a taxpaper of this City of Miami. My mother spent the night last night, and I don't want no mother in the world to spend, because she loves me, and my girl friend also loves me and I was embarrassed last night by police officers. When they were taking me out of one of the wagons and taking pictures, a small police officer said "let me take a picture with that big one so -I can show that I took in a big one." Sir, I am not a trophy. I don't want to hang on that guy's chimney. I am no trophy. That little guy said that to me and I still have got the bruises from the plastic handcuffs. Do you think that is fair? Do you think that is why I pay taxes so they can pay their salaries? No sir, that is not fair. 11 o'clock I left my girl friend's house. 11:30 I was arrested in front of my house, sir. I want justice, justice done for that, because I am a citizen, a law abiding citizen of the City of Miami. That is all I have to say. Thank you very much. Mr. Munoz: V�rgelio Munoz, 357 N. W. 30th Street. First of all, I have never had the guts to speak in public, but yesterday I was in the demonstration at 12th Avenue and 7th Street and I was there with my whole family with my nine year old brother. We were there in a peaceful demonstration as far as I was concerned. We were there speaking to Mr. Reboso. He was speaking there in one of those Spanish radio stations van that was there. All of a sudden, we hard "slap, bang, bang, bang" All it was was tear gas, smoke all over the place - people were running everywhere. My little brother was running and screaming. I was running the other way, I ran to my car. When I got home I heard the news. It was unbelievable. I saw the news and I heard everything that was going. The radio stations were shocked. They were caught in all that. When I got home, my brother could not sleep all night. He was just shocked completely. In school they teach us that officers are supposed to be friendly, Officer Friendly, like they say in school. They take the officers to the schools, make them shake your hand. After hat happened yesterday, I don't doubt that my brother would be terrified to look at an officer. He would run when he sees an officer, because he would think that they are coming to get him. I don't think that is the way a person should react to an officer. They are here to help us; that is what they are here for and the way they acted yesterday, he should be scared, and everyone else. I would be scared if any- thing else happened. I have the freedom to protest, but from now on I will think it over, because it is not worth....it is worth it to my concern, but it was something else. Ms. Ross: Mr. Mayor, fellow Commissioners, my name is Illena Ross. I live at 8320 S. W. 32nd Street and I echo all my fellow Cubans beliefs that if this is an isolated case then it is something that is lamentable, but we can go on and build from that. However, what does worry us is that perhaps it is not an isolated incident. We worry tyat perhaps this is just a manifestation of something far deeper and I think that it is commendable that the Commission has opened its chambers at this late hour to hear the opinions and the voices of the Cuban community, and I think that if perhaps this would have happened in several years ago, perhaps maybe the 1980 might not have happened as it did. let us not forget the motive for the manifestation which was to protest the deportation of a Cuban just as we are here and I think that that deporta- tion demands the attention and I think that the Cuban community has shown the Administration that we are very concerned, and I think we should take that very seriously, but I think we should also take what perhaps the Police Department did seriously also. Thank you very much. Ms. Cruz: My name is Maria Cruz and I live at 1447 Miller Road, Coral Gables. I would like to start by saying that I am a school teacher and that we try to teach our kids to respect police and respect the law and that for the first time in 20.years, that I have been here, I have participated in the demonstration and learned that police is not always right. I went walking from 13th Avenue and S. W. 8th all the way to the bridge, and we found the bridge open so we could not go across. That was the first problem. We were peaceful; we were not looking for any problems; we were not breaking windows; we were not doing anything against the law, we were just demonstrating. We got to the bridge and we couldn't go across. Some of us tried talking to the police to see if they would open. They would not. They would not even consider it. We would not be allowed to go across. We sat there; we waited. Eventually, as you all know, people get excited. Some of us, some of the people there decided "let's go some other way. Let's go through the expressway". We were walking back- wards toward the expressway and there was Major Alba there and he was talkine to some of the people in the group to be precise to Huber Matos and he was talking to him in English and some of us that were there questioned why he couldn't talk in Spanish so that all of us could understand why he was talking in English, and when he realized that we could understand what he was saying, then he went into Spanish, which led us to believe that he didn't want us to 14 JAi'i 17 1.82 0 0 understand what kind of negotiations he was making with whom. Okay? We were there. We talked to him. We explained to him we were not trying to do any- thing illegal. We were just trying to get to the station and we try to show the people that were there that we give them our moral support. Nobody had any bats; nobody had any rocks; nobody had any guns. Okay? We get there, we talk to him, and he made it very clear - you will not go there. And he made it a point and at that point he pulled his walkie-talkie and I heard him call- ing for the riot police. Okay, we were there. Nobody was doing anything wrong. Everybody there, we were walking, alright? It go to the point where we turned toward 7th Street and we saw the riot police coming. The whole street was full of them. They had bats, they had masks, they had the whole thing. What was the reaction of the people? Some of the young people got whatever they could find and they threw it at them. But as far as I am concerned, they were provoked. There was no reason. There was not a riot, nobody was breaking win- dows. Nobody was doing anything whatsoever to cause the police, riot police masks and all to be released. Now, I would like to finish by asking - I think it would only make sense, now that we have heard some of the names. We have heard the alle- gations. Why can't we ask the Commission to ask the Police Chief to suspend those people that are in doubt? (applause) I only believe that as long as they are there, we will not have peace. Let somebody investigate. Let the civil commission come in. Let your Commission investigate, whoever. But un- til that time that it is proven that nobody did anything wrong, they should not wear that public uniform again. Thank you. Mr. Diaz: My name is Ibrahim Diaz. I live at 599 S.W. 26th Avenue.Yester- day - let me tell you before. I live for a long time in this country. I lived in this city for two years. I lived before in L.A., Los Angeles, California, in North Cuba, I am an American citizen, but I love Cuba. Okay. The police in the L.A. all the time never had problems with the people in the manifestation, okay? Now, yesterday I go out to the demonstration and I see the police officers, the police one guy on the floor, treating him not like a human being. Okay. I said to the police, Officer, brother, what do you do. Do you remember Mc Duffy case. What is the matter with you? Do you want to go with me to the jail? I say I had a heart atrack three months ago. He says "I don't care about that". He take me and thow me on the floor. Here, Here everything on my body. I can't move nothing. If I go 10 minutes more in the police car, I would have gotten the second heart attack.Maybe lose one life. Why? The people pay taxes in a Big city. One Honest Guy. I never had before in 1 year. Yesterday in a few hours in one jail, I can see nothing. I can't take the air, okay? I talked to some police there in the station and I am very nervious there. In the station, the police, okay, no problem But I never had a problem before in my life. I say, why police, why do you do that? He took me brutally, my right side at this moment is nothing. That is the reason I had one heart attack. People have rights. The constitution in this state, the first amendment says everybody has rights to talk to the police and we pay the police. Why do that? Everybody here pays taxes to take care of the police. Why do that? I don't do nothing. I say, Officer, Brother, why do you do that? You remember McDuffie case? He said, do you want to go too? He took me from the floor and pushed hard. For 30 or 40 minutes, I stayed in one room at the police station. No air conditioning or nothing, I could have lost my life. My life is nothing. I think it is better that these police that were involved in this problem take a separation. Anglo is brother, Black is brother because we live in the United States. We take care of those citizens. Why do that to me? Maybe I lose my life yesterday. Maybe that would be the case. That may be tomorrow but remember the Mc Duffie case. Why, who again? Honorable Xayor, Demetrio, Carollo, Plummer, Dawkins and everybody that is here. Thank you for these words. Z �5 J A N 17 2 Mayor Ferre: That concludes the public statements this evening. Is there any other statements that need to be made? Mr. Quinones, why don't you repeat that again. Mr. Quinones: My name is Gilberto Quinones, 1301 S. W. 3rd Street. I come to you today because I heard before me many Cubans expressing their concern for this problem. I don't believe the immigration problem should be addressed to this body. I don't think you have anything to do with that whatsoever, but I believe that you have the obligation with this community to see that this incident doesn't repeat again in the near future. Like I told you before and I talked to the Manager a few momenta ago. Until the Chief of Police does understand that this community 100% Anglo-Saxon, that this community....in this community Cubans are a sizable majority already in Miami..until the Chief of Police realizes that the Cubans want and need participation in the Police Department, in the higher echelon of the Police Department. Inside of the Police Department, as you know today, have a lot of problems with the Cuban officers in there. I think this is the right time and this incident maybe something good can come out of it. What I see as the good that can come out of it is that the Chief of Police realize this and that the higher echelon of the Police Deparment, we Cubans will have a decent representation. That way, this incident will never happen again because if we have a mayor or Assistant Chief of Police in the right place at the right time, I think this type of incident can be avoided and in my opinion, that is the only way we can deal in the future with this type of situation. Thank you very much. Mayor Ferre: Now Mr. Manager do you have anything you want to add to the pro- ceedings here? Mr. Gary: Mr. Mayor and Members of the City Commission: We welcome the rec- omendations as well as the directives that you have put forth, particularly as relates to the immigration policy which has affected this city considerably, and secondly with regard to having an objective review of what occurred. I think it is important that we constantly take the position that we do have due process as you suggested earlier, or commented earlier and that we realize that if there is a democratic process that people are innocent until proven guilty. I think it is important before Chief Harms begins to respond to the questions that we realize that in any investigation it takes time. There has been information provided us today. This information appears to be reliable, but it has to be substantiated by an objective body. We en- courage that. I would like to also state that it has been this City Com- mission's policy, the City Manager's policy as well as the Chief of Police's policy that we do not condone unprofessional behavior. I think that time will tell...time has told that we... Mayor Ferre: Excuse me, Mr. Manager. Alright now, those people that are in the back of the room who wish to speak, you are disrupting the proceed- ings here; would you please go outside. Out of courtesy - you are still speaking back there - out of courtesy to the speaker - we have had a very civil meeting up until now and I wnat to commend and thank everyone who has been a participant for a strong demonstration of civility. Now, I would like to finish this meeting with that same record intact. Mr. Manager. Mr. Gary: We have demonstrated in the past and will continue to demonstrate that we do not condone unprofessional behavior. We, in addition to the Civil Rights Division of the Justice Department will do an objective internal in- vestigation by the OPC staff as well as internal security. I would like to say to the audience that if there has been wrong doing, we will act accord- ingly and properly. I would like to also state that the Chief of Police has been on the scene since its inception and that he has not had the opportun- ity to review all of the information as it was just presented to him today, ' as well as all of the information that exists out in the field for him to come to firm and conclusive answers as to what has occurred. But I can assure the City Commission as well as the public that we will do an objective and thorough investigation and we will act accordingly if the police officers acted improperly and we will also defend them if they had acted properly. At this time I would like for your indulgence for response by Chief Harms with the understanding that all the information, the complete investigation JAN 171982 • • has not been completed, and therefore we cannot come to conclusions or make conclusive statements. Chief Harms. Chief Harms: Mr. Mayor and Members of the Commission, Media, certainly all of you people who took your time to be here this afternoon, I want to share with you the many concerns that you shared with us. I think that the recom- endations that have come forth from the Commission this afternoon are right on point. I agree with you that this entire process must be subjected to several investigations, not only ours, not only as citizen's groups, but the Justice Department and other forums and whoever can contribute in any way to discerning what all of the facts are, we welcome that opportunity, and I commit to you the complete and total cooperation of the Police Depart- ment. Again, I will reiterate, because I want to make it very plain that I am extremely cpncerned with what happened. I would echo the comments by the City Manager and the members of the Commission that we stand ready to hold our officers accountable for any and all misconduct. Understand of course, that it is a complicated case. The facts are still coming in and I suapect will not be in for some brief period of time to come. I won't jump to any premature conclusions, but I will assure each and every one of you, as I will everyone here in this audience today that after that complete and thorough investigation, those responsible for any form at all of misconduct will be held accountable by this Department. Mayor Ferre: Let me lastly say to you Mr. Manager and to you, Chief that after the citizen's committee which will be appointed no later than tomor- row, late tomorrow afternoon, after your own internal investigation and after the Office of Professional Conduct complaints have been duly processed, and the Justice Department's review, I will once again call a Public Hearing like this one so that all interested parties will have ample opportunity to review the issues and be heard on this particular matter, and you have that pledge from me at this time. Is there anything else now that needs to be said? Sir? Resolutions have already been passed. I have asked the members of the... that has been passed, J. L. That was resolution No. 1. There are two other resolutions. You will have an opportunity.to sign them at the time they are drafted if you agree with them and then we will formalize them in the resolution form when next we meet. The reason why we will have them done and Mr. Knox has promised to have them done by tomorrow afternoon is because Mr. Salmon is on way, hopefully, to see the President on Tuesday and would like to present those resolutions to the President. Now, I would like to leave you with this thought. I called this meeting today; we have been meeting here approximately two hours because I thought that the emotions involved and the seriousness of this required immediate action and we did not wait until Monday because we thought that this was something that needed to be addressed now. We have done so in a way that I think characterizes this great country that we all share and I think all of us, whether we are Cuban, Jews or Christians, Blacks or Whites or whatever our national proceedance, religious affiliation, preference or what have you, that we are all here together sharing this community and this City and that I think that let the Press note the civility and the sense of decorum that was present today by all the members under very, very trying circumstances and I thank all of you for being here today. ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 7:03 P.M. ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk 1'7 MAURICE A. FERRE Mayor 1171982 • MEETING DATE: {� 111COAP ORATE {� O 1e 96 Q" JANUARY 17, 1982 COMMISSION I RETRIEVAL ITEM NO DOCUMENT IDENTIFICATION .NTtw.A ..w 1 A RESOLUTION CONDEMNING THE DEPORTATION OF ANDRES RODRIGUEZ HERNANDEZ, THE FIRST CUBAN TO BE DEPORTED SINCE FIDEL CASTRO ROSE TO POWER IN 1959 R-82-58 82-58 2 A RESOLUTION INSTRUCTING THE CITY CLERK TO FORTHWITH SEND A TELEGRAM TO THE CIVIL RIGHTS DIVISION OF THE JUSTICE DEPARTMENT IN CONNECTION WITH THE PUBLIC MARCH AND DEMONSTRATION IN DOWNTOWN MIAMI ON JANURAY 16, 1982 R-82-59 82-59 3 A RESOLUTION INSTRUCTING THE CITY CLERK TO SEND A TELEGRAM TO PRESIDENT REAGAN REQUESTING THAT HE INVESTIGATE THE REASONS FOR THE ITDIIGRATION DEPARTMENT'S DEPORTATION OF ANDRES RODRIGUE7. R-82-60 82-60 HERNANDEZ.