HomeMy WebLinkAboutCC 1979-07-24 MinutesOF •MIAMI •
SPECIAL
MISSIO
MINU T
OF MEETING HELD ON
July 24 , 1979
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
int
1;
NO,
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,Itw
sZciFREASIDA
SPECIAL) Jul 24 1979
SUBJECT
1
2
3
4
PUBLIC HEARING: REVIEW OF ALL PROPOSED CHANGES TO
CIVIL SERVICE RULES AND REGULATIONS
5
6
7
8
9
10 ACCEPT PLAT: "FIRST ADDITION TO MEDICAL CENTER"
1.1 ACCEPT PLAT: "MAR -VA PARK".
fir
12 DISCUSSION OF AMENDING LANGUAGE AND ADDITIONS TO
PROPOSED CHARTER AMENDMENT
13 SECOND READING ORDINANCE: REPEALING ORDINANCE 6945.
AND SUBSTITUTE A NEW ORDINANCE APPROVING A NEW CODE
OF CIVIL SERVICE RULES AND REGULATIONS
14 AMEND SECTIONS: 5, 6, 7, 8 OF ORDINANCE 6145, SUB-
STITUTE RANDDNWELEVATOR INSPECTION AND CERTIFICA E,
FEES: BUILDING-PLUMING-ELECICAL
BOILE
R
FEES
15 RESOLUTION PLACING CHARTER AMENDMENT #1 (LEASES)
ON THE SEPTEMBER 18TH BALLOT.
16 RESOLUTION PLACING CHARTER AMENDMENT N0. 2
(SETBACKS) ON THE SEPTE4BER 18TH BALLOT.
17 MOTION TO RECONSIDER GRANTING OF P.A.D. APPLICATION
1541 BRICKELLAVENUE
RESCHEDULING OF REGULAR MEETING FROM OCTOBER 20, 1979
TO OCTOBER 30TH 1979
SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATIO ORD. 8974
PARCEL SO. OF 36 ST. INTERCHANGE, N0. OF CENTERLINE
N.W. 37 ST., WEST OF 5 AVE. - FROM R-4 TO C-5
CHANGE ZONING CLASSIFICATION - 129 S.W. 36 STREET
FROM R-2 TO C-4
CHANGE; ZONING CLASSIFICATION: N.W. 54"STREET AND
15TH AVENUE FROM R-3A TO C-5.
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION FIRST READING
N.E.'ly CORNER N.W. 22 AVENUE & N.W. SOUTH RIVER DR.
FROM R-1 TO W-I.
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
48-68 S.E. 4TH STREET FROM C-3 TO PR.
GRANT PERMISSION TO" CONSTRUCT AND OPERATE RECREATIONAL
FACILITIES AT APPROXIMATELY 48-68 S.E. 4TH STREET
ACCEPT PLAT:"RIVERFRONT MARINA"
1
QRDINANCE O�j_
t SOLUTION pa to
DISCUSSION
DISCUSSION
ORD. '8975
RD. _� 8976;'.
FIRST READING
R-79-559
R-79-560
R-79-561
R-79-562
DISCUSSION
ORD. 8977
1-55
56-57
57-58
58
59
59-60
60-61
61
62
62-63
63
64
66-92
Wr fl '-t01lJ
'OPENDIG OF SPECIAL NOTING OF :.
my COMMISSION OP MIAMI, FLARIDA
***********
On the 24th day of July, 1979, the City Commission of Miami,
Florida, met at its regular meeting place in said City in Special. Session
�•
to consider business of public import.
The meeting was called to order at 9:06 A.M. by Mayor Maurice;
Ferre with the following members of the Commission present:
Commissioner Rose Gordon
Vice -Mayor J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Armando LaCasa
Mayor Maurice A. Ferre
ALSO PRESENT:
Joseph R. Grassie, City Manager
R. L. Fosmoen, Assistant City Manager
George F. Knox, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Reverend Theodore R. Gibson, who
then led those present in a pledge of allegiance to the flag.
Mayor Ferre: Good morning ladies and gentlemen. We are now...
Mr. Plummer: Mr. Mayor, I want to tell you aan n aprepared
ll p�yesterday was a
long day wfrom when Gibson has to read the prayer script.
Mayor Ferre: Well, this is a special day
Father Gibson: Well, this was a special day J.L.
Mayor Ferre: That's right. This is what's called a water -shed da
Father Gibson: And I'm going to make sure to give all of us a copy of
this prayer. too.
Mayor Ferre: All right, this is a special City of Miami Commission day,
called for the purposes of having a public hearing and reading an
ordinance, on second reading, repealing Ordinance 6945, and substituting
a new ordinance approving a new code of Civil Service Rules and Regulations
with the Manager's recmienciation. We will now begin with the administration
stating their position. Gentlemen, if you would sit down while the
Assistant City Manager makes his statement, and then I will recognize you
as you stand up. All right, sir.
Mr. Jadc Bond: Mr. Mayor, and
Since our tlty meeting.s A manual forur
of documents have been generated
Civil Service, a reform... a manual for Civil Service and Human Resources
JUL 2 4-1979
don't
Department were requested, T think, by some members of the Commission,
and they have been included in your: packet as items 1(b)-1, and
item 1(b)-2. Also, we have included in that packet, as we have before,
a summary of proposed Civil Service amendments, ?hat we consider as
the major changes in the Civil Sereice Ruler, and Regulations and the
:understood positions of our organized groups. We did conmlmicate with
them and requested them to respond. Only one did choose to respond,
I think that might be becausP we had fairly stated the positions of the
others. We did, without going over an old act, we did make a presentation
to you at a recent cx rrnittee...Commission meeting. I willNew add one thing
to that, and that is a few remarks from Mayor Koch,
I will quote parts of a speech he delivered recently, Conference on
Recapturing Confidence in. Government, Public Personnel Management Reform.
"Civil Service reform is, ultimately, in the interest of all citizens
who rely on, and pay for government services. And perhaps most of all,
it is in the interest of those public ermplycos whose jobs depend on,
once again, rebellious American tax payers. Very succinctly, to quote
Mayor Kock, "It gives me great deal of pleasure to address this
conference of public officials and governmental representatives from
across the nation, on the most pressing problem in American government
today, per...public personnel management reform. Declining public
confidence in all levels of government and the rising frustration
with its costliness and ineffectiveness have resulted in demands for
the fundamental reorganizat-ion of Civil Service. Today, after the
passage of preposition 13 in California and similar budget cutting measures
in many other states a revolution is necessary in Civil Service. Last
summer Conyiess passed President Carter's Civil Service Reform
legislation. The first major revision of the Federal law since 1955."
And, I will add, that ours has not been revised since 1936. "A dozen
or more states, including New York, are now considering extensive
statutory reform. Historically, New York has led the nation in the
early and elaborate development of the spoils system, and later the
Civil Service System. The Tamany Hall Polictical Club House
became one of time great symbols of government corruption and i.nzpetence.
But, in 1883, the same year, the Pendleton Action act established' -the
federal civil service, New York enacted the first civil service law.
While the civil service system has succeeded in establishing the merit
principle in public management, the municipal office building has become
a symbol of archaic and inefficient bureaucracy. In the same spirit.
of the Federal Civil Service Reform Acti of 1978, I have this month
submitted to the New York State Legislature a comprehensive set of
proposals to amend the New York State Civil Service law. No where is'
the need for reform of the management of public personnel greater thanee
in New York City. The budget of $13 billion with a work force of nearly
two hundred thousand, the second largest public employer in the world.
I have copies of this for you if you are interested. And I think you should"
be. I'll pass them out to you. With those statements, I would propose
that you entertain this subject in the way you feel best, sir.
Mayor Ferre: Mr.`Bond,`first of all. Let me on behalf of all of us,
thank you for having stopped your vacation. I knew that yesterday you
were enjoying Martha's Vineyard and that you were not reading newspaper,
and worrying about the City of Miami. And to stag your vacation in
mid -stream and take a plane and come all the way down here, which I'm
sure took you 4 or 5 hours of flying and waiting around airports. We'r.
grateful. And I want you to know, that it speaks:to YoUreoOnictiOnee
about the importance of this. And, Trost of allOatillyoueeStOidOUree
apology to your wife and family.: All right,. and. also Jack,
we're waiting for you were going to'.give;us a copy of the
statement you made last time'. You had a written statement.
made and I have not received a copy it and I'd like to have.
that.
Mr. Bond: Yes, sir. I'm sorry. I thought that
right after that meeting
Mayor Ferre:
think
Mr. Bond: I'll see that you get them right away.
.,I don't remember having you.
JUL 2 4.1979
Mayor Ferree O.K. Now, we will,..anybody have
statements they want to make?.
Mr. Robert Klausner: Mr. Mayor, members of the Commission.
I'm Robert Klausner of the law firm Weinsoff and Weinsoff,
28 West Flagler Street, Miami. Representing Fraternal Order
of Police, Miami Lodge 20. To please the Commission, the
purpose of the meeting here today is to examine the Civil
Service Rules and Regulations which are proposed. it's the
position of the Fraternal Order of Police that the problem
with the rules is not the spirit, but rather it's the letter.
The spirit of the administration is to improve the Affirmative
Action Program of the City of Miami. It's a worthy goal of the
Fraternal of police. And, I think that our fellow labor
organizations join in expressing that same feeling that
affirmative action is a worthwhile goal for the City of Miami.
The problem that we are here to address, and we will object
in the most strenuous terms, is that the letter of these
proposed rules and regulations directly violates the Charter
of the City of Miami. It violates the collective bargaining
agreements, freely and openly entered into between the City of
Miami and the labor organizations, in good faith, and under.
the protection of the Constitution of Florida and the statutes
of Florida. And third, that to amend these Civil Service
Rules in the manner proposed, also deviates from the Home Rule
?owers given to this City, and would as.a matter of law, be a
void act. We urge this Commission, and we will specify in greater
detail as the morning progresses...the problems with these
rules. And we would ask the Commission to reject these rules,
and instead to convene a series of public workshops and give
us a time schedule. I understand the urgency at this point,
and we will work diligently, even through the night. But, we
ask this Commission to reject these rules convene a series of
public workshops so that all concerned may propose a set of
rules that can go through by unanimous vote. And, with the
unanimous support of labor and management, and this community.
Thank you.
Mr. Don Teems: Mr. Mayor, Don Teems, President of the Miami
Association of Firefighters. I believe Mr. Klausner stated
our position somewhat. We are on line with him about 90% of
the way. I think this Commission knows the firefighters record
as far as affirmative action goes. We have no problem with
affirmative action, whatsoever. We think we need some reforms
in affirmative action. We think we need the Affirmative Action
Board to be split off by itself and let it do its own work.
We think a lot of things need to be done. The contention of the
administration, and I question to start with, I understand these
rule changes were made by the Civil Service Board, and yet we rave
never heard a representative from the Civil Service Board
get up here to address these changes. Only the administration.
Mr. Krause from the administration, from HRD, and the Assistant
City Manager. He did not specifically address these change and
I think maybe somebody from Civil Service Board should. It
states in the whereas', and my understanding, it was supposed to
be stricken, that the second whereas the Civil Service Board
has spent many months in writing a new set of Civil Service
Rules and regulations. The final draft of which has been adopted
by said Board. My understanding, is that's absolutely not true.
And, the Civil Service Board directed Mr. Krause to take that
whereas out of the whereas'. Now, you know, that's not even
getting into the ordinance itself. It's getting into the whereas'
of it. And, we contend that this is not affirmative action.
In fact, it flies in the face of the Affirmative Action, many
of these changes because of the secrecy of promotions, job
recruitment. You know, the whole 9 yards. There's no public
hearing on what's going to happen with any of these things.
And, therefore, it does fly in the face of affirmative action.
Nobody will know except the administration what the...what the
v \/
ist
JUL 2 41979
classifications are going to be what the hiring standards
are going to be, or anything else. Nobody knows that. And
as far as the Consent Decree goes, the Firefighters, and I.
beg to say probably 99% of the departments in the. City of ,'Miami
have met the goals of the Consent Decree both in hiring and
promotions 0o, to say that you have to change these rules
in order, to affect the Consent Decree is just ludicrous.
Mayor Ferrel.
Mr. Tony Corbo: Yes. My name is Tony Corbo. I'm the assistant
the the President, AFSCME Council 79. And I'm here today
representing AFSCME Local 1907. Which you all know represents
over 2,000 general...City employees here in Miami. Local
1907 is generally opposed to the proposed changes to the
Civil Service rules for a number of reasons.` First, many of
the changes constitute violations of the City Charter which,
charges the present Civil Service Board with the responsibilities
that the proposed rules transfer to the Director of the
Department of Human Resources. Second, while these changes are
being proposed to effectuate affirmative action, the real
impact of the rules is to resurrect the patronage system by
effectively undermining the Civil Service System. Third, we
believe that the administration is performing major surgery
on the Civil Service system, when in actuality a few band aids
are really need to correct the inequities of hiring and
promotion here in the City. We are not satisfied that there's
proof that indicts the entire system. We see certain inequities
that that maybe corrected. For example, last time and the last
hearing, time and time again, the administration referred to
the invalid test. Well, if that's the problem, lets correct.
the test and overhaul the entire system. In addition, human
value judgments are probably coming into play here and not
the system inself. Fourth, and perhaps most important, in the
period in which there is wide spread disillusionment with
government, and its ability to deliver quality` services to
the tax payers, we find that the proposed rules, may in fact,
cause a deeper breech in tax payer confidence to develop,
since the most .qualified `applicants might not be selected ,to
serve in Miami City government. Now, before going into detail
on our objections, I would like to state that AFSCME is deeply
committed to the concept of affirmative action. Our
national union has long been in the forefront of the crusade
for justice for all public employees regardless of sex, race,
or national origin. Our state-wide Council established a
department on human rights. Which is designed to ensure
that our members in Florida are protect ag...protected against
discriminatory practices. In Miami, Local 1907's agreement
with the City contains a provision which commits the local
to supporting the City's affirmative action program. Therefore,
we axe not adverse to theconcept but we are opposed to the
solutions which might prove to be detrimental to all employees.
Which the propsed rules in our estimation, will undoubtedly
be. Thank you very. much;
Mayor Ferre: All right. Are there any other speakers.
I:hope that we can hold.dOWfl the philosophy bit and get on to
the substance of all these things. I..I understand that
everybody has to have a.word or, two about how they feel and
that's perfectly acceptable. And, I'll begin the Commission
portion of it. In answer to you, Don..�.Jerry Silverman did
come here and I -understand that technically you may be right
that they didn't deliberate for months. But the fact is,
that the Civil Service Board did vote for these changes.
And, to say that they didn't know what they were voting on,
1st
'JUL 2 4 1979
I think is offensive to them. I'm sure they were aware of what
they were voting on. And, it isn't just, to the last gentleman
that spoke who said that it was the administration, this is
not just the administration. And it's not just the Civil Service
Board,I...it's the City of Miami Commission and it's the way
this world is going. Now, when I came back after having served
for 4 years and then been absent for 11 from City Government
in the early 70's, I told Gene Naples, I told Salerno before
him in the Police Department and the others that...and Kenny...
and...and Charlie Hall and all the ones that were involved in
both the Fire and Police Department levels that the day was
going to come in the City of Miami,that we had face the issue
of civil rights. And what was going to force the issue was the
fact that half of our population, even in the early 70's,
was Cuban. And it was just a matter of time before those
people bacame citizens first and secondly became registered
voters, and then started to demand equal protection and equal
rights. In addition to that, we've had a black population
that has been long suffering in our country. Not just Miami,
in the whole country. And that...and that the time had
arrived where we had to open the doors. Now, I know everybody
said that nobody...everybody I talked to, nobody wanted to
discriminate. Nobody was against black people. Nobody was
against women and nobody was against Cubans and nobody was
against anybody. But the fact is, that for 4 years that I
sat on this Commission with...with...as a Commissioner
with what I think a good Commission. And Athalie Range
sitting in that seat or that seat over there and I was sitting
where Plummer sits. And we just went on and on and there was
a lot of good faith. We all had good faith but we didn't
get anywhere. And Steve Clark was there and Dave Kennedy and
I...we deliberated. We never go to anywhere. '1t n wren ue
started in 73 the Cohen Consent Decree and what have you, and
we all meant well. And we all wanted to do these things but.
we always ended up in what I guess is called by the professionals,
institutionalized discrimination. I'm not going to accuse
anybody of being...of discriminating. The fact is that the
system discriminates. Now, any rule, any Charter any constitution,
any living organism in law that goes for 44 years without
change is intrinsically wrong. There is no document in these
United States of any importance that has gone 44 years without
change. Even the Constitution of the United States has been
changed 4 or 5 times in those last 44 years. For us to say,
that the Constitution of this City with regards to Civil Service
in inviolate, that it is perfect. That it could last 44 years
without any change is to say that indeed there Ihasn't been
any change in the mentality of American in 44 year
f
you think that 1979 people thing the same way they thought in
1936, then Theodore Gibson wouldn't be sitting where he's
sitting right here. And neither would Rose Gordon, for that:
matter. And, I think...and neither would I or Armando. Aral,
Plummer would be the only guy sitting up here all alone.
But the fact is...
Mr. Plummer: That, maybe isn't such a bad idea.
Mayor Ferre: The world has moved. Things have changed. People
do think differently, and the bottom line, as far as I'm
concerned ladies and gentlemen, is very, very simple. All I'm
looking for is 2 things...out of this. That we have a clear
cut mandate for affirmative action written into our rules and
regulations. And secondly, that we have specifically, the
responsibility pinned on somebody that can be fired. Now, those
are the 2 bottom line requirements as far as this vote is
concerned. I don't ever want to come back and sit through that
harangue that we had hear when we had the Justice Department
when Paul Andrews was sitting in the Manager's seat.
05
1st
JUL 2 41979
And Paul Andrews said, well, I you. know, don't blame meIt's
not'my fault.: It's the CivilService that...that doesn't...aid,
and Civil'Service....and Bobby,you were there and Bobby you know,
well 'you :'know, these are the rules and this is that and y
the Commission can change all of this. And, then the guy
looks at the Commission and he
MaMayor says,on thell waitsaon.
moment. Now don'tn
...you P
Now, you know, that the Consent Decree and the Cohen case
says the Manager shall, And round and round we went. Nobody
Y Nobody was to blame. And
wanted to take the responsibility.
when that happened and I saw that, another day will come. °u
And the other day has now arrived.
And, 1thing. woAuld
sub itdt yyou...
Father,!I just want you to hearone
ubmit
d
to you that what we are about tvedo hear,ry much asose,Fatimpntr, andeJ.L.
and :Armando, to this City
is Webber decision was to the United States Supreme Court last
month.
I"respond to you a little bit; ala
Mr ..::Teems : Mr. Mayor, can ou , Lets
right. And then lets get he�tthaneall thegphilosophical
ree with y
get down to the facts rat
rhetoric. But, the.c��°uy ofknow.
Miamihtoe £ever1putranWaffi:rmative
ere the
first people action ^in}the Q+=hart LL.ou agree with. that?
Mayor Ferre
Mr. Teems: O.k. All right now.••allright.
hasb Ween r adean into...
the only Civil Service Rule change that anll agree with you on that, o.k.` A lot of
ere. rulesoarey antiquated.
I have no problem .agreeing with you
e
that was even made to helpfectaffirmast tive
atimction was made
by the firefighters and negotiated
he
contract. Now, we had adminsarationrtobeven�do thatAffNromative
Action :Board.....from .the
we opened up, we tried to open up Civil Service Rules in the".
last negotiation.
Mayor Ferre: Don, look. Like Vernon Jordan told the President...
Mr. Teems: And what..Mr. Mayor. You know what we got. No, and
then a bunch of rules put out,
that we had no input into. .;No,•
no idea what was coming off until they were there. Then we
came before this Commission.This Co uission directed
ethe And
administration to go back and "ta
they did. We spent days in there and you know what we got out
we need
of it. Well, that's the rule change.
We me whered e. it Well, we
it to affect the consent Decree. of
just neec it to affect the Consent Decree.Anwelld so some
ofnthem.
how does this affect the Consent Decree.a sl we tmdoeght as`,
but we're going to change the rules anyway
well
change this one too. That's what we got out of them.
Mayor Ferre: Well, as Vernon Jordanetolsdntd the
CPr esiderstd2
nights ago, or.:3 nights . ago. What
And. ..and all I'm saying,
le
is fine, ;but it just ain't enough. but thefact is that
all I'm saying to you is that's': fine,
we have a long way to go. And the fact is, as I told
Charlie and as I told Ken and as I toldo ene ne 7Jor ri8 years ago.
Very simple. You` know when I went up,
nt
they were all angry at me. And _I" said, very simple. Either
you do it or somebody will do- it for you. Well now somebody
is doing it for you.
Mr. Teems: You know, speaking of Federal Civil Service, do
you think that this adminil stration
Servicelreformlof1thewFederal"
be
willing to adopt the to
Civil Service reform?
Mayor Ferre
good
CV'
j".j
41979
st ist
Ms. Jackie Spence: Good morning, Mr. Mayor. My name is
Jackie Spence and I represent the Greater Miami Branch of the
NAACP. Your honorable Maurice Ferre, Mayor,`and members
of the City Commission, the Greater Miami Branch of the
National Association for the Advancement of Colored People,;
in reaffirmation of previous statement, recommend that you:
the City Commission, adopt the proposed City Ordinance
amending the Civil Service Rules as advised by the City Manager.
We ask you to give him a vote of confidence. We have already
presented this recommendation to you on 2 other occassions.
Requesting you to accept our conclusion that the ways proposed
by the City Manager are the right steps in the direction of
correcting inadequacies among blacks, other minorities,
and women in the hiring and promotional practices of agencies
in the City government. Especially, the Police Department.
On the other occassions that you have had this proposed
audience before you for consideration, you have heard arguments'
pro and con. Including our own. We do not intend to be
redundant but, 'there has been an event that Happened just awhile`,'
ago that presents to you a new condition that was not present
before. The United States Supreme Court decision in the
Webber vs Kaiser Aluminum case. In the Webber case, Kaiser
Aluminum and Chemical Corporation and the United States
Steel Workers of America under pressure from the Federal
government agreed to set up skilled craft training programs.
Half of the position were reserved for minorities and women.
Bryan Webber, a white Louisiana factory worker, sought one of
the first positions at the plant in Gramercy, Louisiana.
Where blacks made up only 2% of the craftsman but 38% of the
local labor force. He was turned down. When 2 blacks with
less seniority were picked ahead of him Webber filed a
class action suit against his company and union on behalf of
all white workers in the plant. He won the lower court...
he won on the lower court level. They ruled that under Title VII
of the 1964 Civil Rights Act which prohibits job discrimination
on the basis of race, sex, religion or national origin. Kaiser
could not use racial quotas without proof that it had
discriminated in the past..' On this issue of alleged reverse
discrimination, the United States Supreme Court, by a 5-2 majority
overturned the 2 lower Federal Courts. In excepts of the opinion
of the court as written by Justice William Branyon, I quote,
"The question for decision is whether Congress in Title VII of
the Civil Right Act, left employeers and unions in the private
sector free to take such race conscious steps to eliminate
racial imbalances in traditionally segregated job categories.
We hold that Title VII does not prohibit such .affi affirmative
action plans. It is argues that Congress int�enaea in Title Il
to prohibit all race conscious affirmative action plans. An
interpretation that forbids all race conscious affirmative action
would be at variance with the purpose of the act. The facts
of the Consent Decree that you have with the Justice Department,
along with the main provisions under the proposed ordinance
are similar to the facts of the Webber case. The Consent Decree
is a voluntary agreement, also under Title VII of the 1964
Civil Rights Act, as the Webber case. The Consent Decree
stipulates that it is not an abdication or admission by the
City of Miami of meaning the admission of past discrimination
as in the Webber case. We believe that the main provision in
this proposed ordinance is Rule number 8, which replaces the
principle of the rule of (1), inhiring and promotional practices.
It is our understanding that under the proposed new rule, there
would be procedure whereby the top 5 highest ranking candidates,
scoring on an examination would be certified. But, as in the
Webber case, a race conscious system is also established. If
minorities and women are insufficient in numbers in these fir...
(W1
II IIIII IIIIIIII•11M.1iiiii
c
1 2 41979
in these first 5 candidates, the 3 high scoring minority persons
and womenfrom the eligibility register would also be certified
to meet your goals. We, therefore present to you the statement
of our leader, NAACP Board Chairman, Margaret Bush Wilson.
In
an application to our situation here, who the other week at the
NAACP National Convention, in Louisville, and response to the
Webber said, "Title VT of the Civil Rights Act...VII of the
Civil Rights Act, permits industry and government to correct
a past history of racial discrimination by developing programs
that give fair advantage to disadvantaged minorities. We
believe that it is important that you adopt all the rules
in the proposed ordinance because
etof theirod e c essary u derstand
age
to `achieve -affirmative action
that our position places us in conflict with City of Miami
labor unions who preceive that their influence will
lnbetof lessened
in the result of the City Manager,
and the Human
Resources having more responsibility in hiring and promotion.
We conclude that all the proposed changes to the Civil Service
Rules are limited to the function of implementing the Consent
Decree and does. not affect the influence of.the unions unless
they are opposed to the purpose of affirmative action as under
the Webber case. To correct racial imbalance under a race
conscious plan we so recognize this opposition, our only duty
as a branch and respond to the...is to follow the direction
of the National Association for the Advancement of Colored
People to use the Webber case, to step up the campaign, to
win; preferential treatment in hiring and promotions until
racial imbalance is ended. As said by Executive Director
Benjamin Hooks of NAACP, "the nation will be confrontedwith
the reality of the fact that ;we still have a long way to go.
please join -us in the struggle and adopt the proposed ordinance.
Thank you.
Mayor FerreJackie,couldbe have a copy of that statement.
If somebody would have a copy made. Could we have a copy
made? = Thank you very much. All right. The Chair will
recognize" any members of the Commission that want to speak.
And if not, lets get on with the work here. Anbody in the
Commission want to make any statement' at this time? If not..
Mr. Teems: Mr. Mayor, one statement about the Webber case.
You "know, the union and the uniqueness of the" Webber case
was that the affirmative action program that was challenged
was a union proposed affirmative action plan. And contracted'
with management. In fact, the defendents in the Webber case
were the union and management against the individual, not
the...the union wasn't on the...the union was on the defense.
Mayor Ferre: Well, lets get on with the work now. All right,
Mr. ;Bond, orwho se going to lead us through this document?
Lets start...
Mr. Bond: Mr. Krause and I; will attempt to respond to any
concerns that may be expressed, sir.
Mayor Ferre: All right, go�ahead-and-lets begin. .And I think
the way we'll operate:is we'll.take`each page of the main
document, which I guess is 1(c)1. Is that it? Or 1(c) 2?
And we'll go through it page by page. No, I guess...do you
want to go. through the ordinance itself, 1(c) 3 .
I don't see the need for going through any. of it,
siBond: question to the other ,side.:
sir. You might want to direct that
Mayor, Ferre
A11 right. What's...All right, the Chair will
rule„ that all ; we': need;: too phit l � c) 3gthentspeao 1 khout ? 2 . If
somebody wants '.to ..go thr g
Mrs. Gordon: Why don't we use the amend. the..
08
ist
JUL 2 41979
•
Mayor Ferre: We're
and what,. what 1(c)
Civil.Service:which
right here.
talking from the papers that we have:.
2:referres.to is the summary of proposed
Rose has in her hand. Which is this thing
Mr. Robert Klausner: Mr. Mayor, itwas noted that only one
of the collective bargaining units answered ,those. And, I
think there is a reason for a lack::of.the answer.: First of
all, the papers were provided to us late on`a Friday afternoon
and said they must be returned by Monday morning.
Mayor Ferree, Well what, what.
Mr. Klausner: Mr. Mayor, if we could, it was my understanding
that we;would essentially go: through the.rules,one rule at ,a
time. If there isn't a dispute as to the rule, obviously
there's no need for disucssion.
Mayor Ferre: Counsellor, I've got no problems complying with
that request, and I'11..:I'11`so rule. But I want to make.
sure that ,we don't...that we understand that we're not going
to delay anything today. That we're going to go through this.
thing and finish today with the document, hopefully. O.k.?,
So, lets...lets start then with Rule 1(2a). 1(2a) is the
first rule that I...if you have any disagreements with any...
if you want to take anything previous to that, let me know.
I'm`not...I'm now on 1(2a) O.k.
Mr. Klausner: All right, on rule 1.2a defines the, we're
talking about the unclassified service. i.2a talks about
the City Manager's assistants, the secretarial staff. It
also talks about the Commission staff. Right away we're
violating the Charter. Charter, Section 62, gives a specific
list of the persons who shall be comprised...who shall comprise
the unclassified service. And I think, if I may even save
a little time for the Commission, b, c, and d do the same thing.
They go beyond the list provided in the Charter. Mr. Mayor,
and members of the Commission, the Charter was a...it was
a special act of the legislature. It was adopted by the people.
Florida statutes say if you're going to change the Charter,
the people must change the Charter. Because the Charter is
the people's way of limiting the government's power. By
deviating from the list in the Charter, you automatically
violate your Charter. And in doing that you violate the Home
Rule Powers Act upon which this City governs itself. Which
says there shall be no change in employee rights, or appointed
boards without a referendum of the people. AnA, that's
166.021 of the Florida Statutes.
Mayor Ferre: All right, Mr. Knox, do you want to answer that?
Mr. Knox: Yes, sir. I..the simplest response would be that
perhaps a higher authority would be the Supreme Court of the
United States and the Federal Courts which have mandated
and indicated that to the extent that Charter requirements,
state constitution, ordinances, resolutions or other
legislative acts violate federal law, those legislative acts
shall be inapplicable in implementing the federal law.
Mayor Ferre: O.k. Further questions on 1.2a
Mr. Teems: Yes, sir. Then the next question, if that's the
case, the next question is, how does the present rule violate
or conflict with the Consent Decree. Apparently , that's
what he's talking about. The Federal mandate.
Mayor Ferre: Mr. Knox or Mr....how do you want to handle that?
1
•
•
•
1st
/JUL 2 41919
Mr. Knox: If the present rules...if the present provisions
of the Charter which identify, certain positions that shall,
comprise= unclassified service...
you're not speaking loud enough
Mrs . Gordon: Mr. Knox,
s0 we can hear you.
Mr. Knox: If the present rules or the present Charter provisions
which specify identified positions within the unclassified
service are not sufficient to satisfy the requirements of the
Consent Decree, then in implementing in the Consent Decree
it's our position that it is permissable to extend the
identifiable list of positions in such a manner that the
Consent Decree may be compliedwith.
Mayor Ferrer' All right, now .
Mr. KlausnerMr. Mayor, I'd like to have one point and
turn it, over to the representative of the firefighters.
Mr. Knox has stated, and1 have very high respect for Mr. Knox,
but he has stated that the higher authority has spoken. But,
I would submit that the people of Florida would be appalled
to know that the City of Miami made an agreement to change
their constitution and their laws.
Mr. Teems: A couple of points on 1.2, on a, b, c, and I think
we can, you know we can kind of group those together in the
unclassified service. He still didn't state to me where that's
in violation or conflict with the Consent Decree. Now, if it
is, then 1 question 1.2(c) where it's giving Civil Service
or Director of Hurnan Resources the right to regulate the
amount of assistants, because the Charter doesn't do that.
The Charter says the Manager...it doesn't say how many"
assistants that they can have. So in effect, youcould have
more than 5 if the Manager so wanted, and this Commission
so wanted. ;.Now, it's limiting you to 5. And the third point,
on 12(c), this ..the following paragraph was left out of.the
current Civil Service rules and we believe in violation of
our contract. It says, "the foregoing personnel specified
in paragraph c, which is the Assistant Directors, shall be
selected from the Department in which they are employed.
They left this out. Now, I don't know whether they're more
people from Grand Rapids that need jobs as Assistant Directors
down here, but you could pull an Assistant Director from
anywhere. For the Fire service, for the Police service, for
anybody in the classified service. The way this rule reads
right now.
Mayor Ferre:.
Grand Rapids?
UNIDENTIFIED SPEAKER:
UNIDENTIFIED SPEAKER:.
Mayor,Ferre:
Are you from Grand ;Rapids? Are you from
No, sir.
sir.
Well then, perhaps you can answer him.
Mr. Robert Krause: Mr. Mayor, if I may. That particular
paragraph to which Mr. Teems makes reference has been the.
subject of several legal opinions because of the conflict.
of that paragraph with the Charter provision in Section 90,
I believe it is. Which says the City Manager makes all
appointments in the City government. The City Attorney, in,
the most recent ruling, indicated that the provision of the
Civil Service rule that is now in effect, constitutes an
invasion of the City Manager's authority and can be legal
then
JUL 2 41979
only so long as the City Manager chooses to observe it.
It...the purpose of the revision is to attemptto make the
Civil Rules consistent with the City Charter. That's true
of all of the other provisions of Section 1.2, which Mr.
Teems and Mr. Klausner have referred to. One of the purposes
of rule making is to clarify provisions of statutes or,
charters that are not inthemselves clear. The way that
the ambiguous provisions of the City Charter have been
clarified in the past, have been through legal opinions.
Which have changed from time to time. The purpose...one of
the purposes of these rules is to clarify the interpretation.
in such a way that anybody looking at them will know and
that they will stand for some period of time.
Mayor Ferre: All right. Further
All right. Then...
comments on 1.2a, b, and
Mr. Teems:` Mr. Mayor, I assume that the administrations
position then is that these rule changes are needed to effect
the Consent Decree ,< that they are in fact, in violation
or conflict with the Consent Decree?
Mayor Ferre: I,don't.know how you can interpret that. I
think the answers speak for themselves. And, obviously Don,
this is all going to be challenged in court. I understand„
we're trying to get a legal predicate...
Mr. Teems: I'll be honest with you, Mr. Mayor, the first...
a and b don't affectmy people and I don't have any problem
with them. We're just pointing out the fact that they are
a Charter violation
Mayor Ferre: Don,_I understand. And I respect you for what
you're doing. You have...you're representing your constituency
as best you can. And that's fine. And you're trying to
create a legal case out of it. I can't give you a legal
answer. That's what Knox is here for. You want to ask him,
the question again. He's already given you the answer. I'm
sure he'll just repeat the same thing he said before. O.k.
We have...we've gone now by 1.2a, b, and c. Are there further
questions on those items? We're now on item 1.2d. Jobs
under federal grants may be placed in unclassified service
only when Director of Human Resources Department determines
that Civil Service procedures are not feasible.
Klausner: Mr. Mayor?
Mayor Ferrer Yes, sir.
Mr. Klausner: We are strongly opposed to that proposed
rule change for a variety of reasons. First of all, the
Director of Human Resources is given, essentially, power '-o
do as he sees fit with persons who are federally funded.
I would respectfully point out to the Commission that CETA
employees of the City, who are not in the classified service,
are not the only federally funded employees of the City.
There are a great many police officers who receive funds from
LEAA. And essentially, what that section could be interpreted
is that the Director of Human Resources could interfeer with
the management and operation of the Police Department. And
that certainly would be a detriment to the citizens of the
City. Secondly, we have a Police Chief who is a police man
and an experienced on. Because police matters should be
run by the experts. Yet, you are going to permit interference
by a person not directly answerable to this Commission, without
any guidelines. Thirdly, the ordinance which created the
Human Resources Department said, and I want to read the
intent of this Commission. "It is declared to be the
11
JUL 2 41979
legislative intent,of this body that the implementation of
the Human Resources Department shall not abridge the policy
making authority of the Civil Service Board. And shall not
impede, deter or interfer•with Civil Service policies in the
areas of establishing, maintaining and enforcing in -hiring
standards and qualifications, preparation, administration,
certification and supervision of all in -hiring and promotional
examinations. Judicial review of disciplinary actions,
approval of employee performance evaluation standards." This
Commissions intent that the Human Resources Department was
to advise the Civil Service Board. The Board that operates
in the sunshine. Now, I'm not pointing a finger at. Mr. Krause,
as an individual, we point only at the office. Because
as we've stated here before, this is a society of laws, not.
of individuals. And we're not guaranteed that the individual
who sits in that office is always going to act in the best
interest of the employees. That's why we have collective
bargaining protected by the Constitution of this State. What
thissection permits is for the Director of Human Resources
toviolate the contract and to willy-nilly move around any
employee of the City whose funded, apparently in any part, by
federal dollars. And, I would assume that if any revenue
sharing funds get into the salary aspect of the City, that the
Director of Human Resources can move them too. And I submit..
that that violates the ordinances of this City. It violates
the Charter of this City. And it invites the, return to one
man rule. Civil Service Board operates in the sunshine by
operation of law so that the citizens can know what the
employment policies of the City are. A single individual
does not have to operate in the sunshine. And we suggest that
that would create a significant difficulty for the employees
and the citizens of the City to know what the policies are,
and: what the formulation of those policies will be.
Mrs. Gordon: Mr. Knox, would youplease'respond to that
question, or that statement.
Mr. Knox: I can give Mrs. Gordon a blanket response with
respect to the rules and regulations as they have been.
examined. The rules and regulations are designed to irnplement
the provisions of the Consent Decree in compliance; with
the federal law of the United States which is supreme
Mrs. Gordon: No, that's not the blanket answer we're looking
for. We are looking for an answer on a morespecificstatement.
And the statement was, the federal funding sources which are
more than just CETA,.>infiltrate into the financial structure
of the city, such as revenue sharing and LEAA funds and, other
sources. Thepoint is the authority that the Director of',
Human Resources Department would then have over a wide
variety of employees would in the sense, violate the duties
in fact, of the management.; Would you respond to that?
Mr. Knox: Well I think that Mr. Krause can give you the.
technical -;;response. But based upon the language that is used,
it a ppears that this provision d, of subparagraph (d) is a
protection, if you will, of Civil Service system and provides
that the Director shall not make appointments outside of the
system, unless he finds it necessary to do so.
Mr. Krause: Mr. Mayor, if I may add to that. We've got
1,200 CETA employees who are exempt from Civil Service.
According to the Consent Decree and according to the Justice
Department, those employees are entitled to the same rights
and benefits as Civil Service employees. One ofthe •_,problems`'.
we have is that if they are not covered by Civil Service,
they are not eligible for transfer Service
positions. They are not eligible to take promotionalexams
1
JUL-2 41979
for Civil Service jobs. The Justice Department in the letter
of April 1978, in which they urged the City to amend the
Civil Service Rules, pointed to the problems that they were
having in determining our compliance when we were counting
CETA employees who were not Civil Service in determining
whether we were meeting our goals or not. What this rule
does, and what the counter -part does in Rule 1.3, is to
at least permit the City government to include under Civil
Service, large numbers of people who are now exempt from
Civil Service when it is technically feasible to do the
selection in accord with the provisions of the Civil Service
Rules and in accord with the federal guidelines on employee
selection. The language is...the key word is feasible.
Whenever it is feasible, means whenever you can do it in
accord with federal selection guidelines and the provisions
of the Civil Service Rules. It would be mandatory to include
those jobs under the Civil Service system. In my mind,
that does not weaken Civil Service, that strengthens
Civil Service, which I think needs strengthening because
the sizeable number of exempt employees.
Teems: Can -I respond?
Mr. Teems: Let me, let me give you a little bit of history;
Commissioner. I know you haven't been here long enough to
really understand all of the history of it, and I appreciate
that. O.k. But, if you...I'm sure you know, that 2 years
ago, approximately 2 years ago, we had an issue about CETA
people voting in the Civil Service election. And at that
time, Imade the proposal to the administration, if you want
CETA people to vote in the Civil Service election, classify
them and give them all the rights of Civil Service. Let
them have grievance before the Board, which they don't have
now. They don't have any of the rights of Civil Service
but they wanted them to vote. And we were saying, no,
that's your job. That's what CETA says, that you are supposed
to form the bridge to get them in the classified service.
You haven't done that and you don't want to do that, but you
want them to vote. Now, that was offered, a year...almost
2 years ago. And it wasn't complied with because they didn't:
want to give them the right to appear before the Board on a
grievance procedure.
Mayor Ferre: All right, any other questions on item 1.2(d).
Any other statements? If not, we're on item 1.3 which is
extend Civil Service to federal grant jobs whenever Direut.or
of Human Resources Department determines that it is feasible.
Comments on 1.3?
. Klausner: Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Klausner: 1.3 again, places discretion in the hands
of the Human Resources Director which previously resided
in the Civil Service Board. The ordinance which created the
Human Resources Department says that the jobs that belong
to Civil Service shall not be removed from Civil Service
and given to the Human Resources Director, unless you're
really going to reconstitute the entire department. In which
case, I don't think the ordinance fairly gives notice to
the public about what's going on. Secondly again, it says
whenever the Director of Human Resources determines it's
feasible. What's feasible? I thought the divine right of
kings went out when George Washington decided to be a
president instead of a king. If you put all the discretion
in one person who's answerable only to another person, who'se
ist
Jt`4.1119
then responsible to this Commission, we're lengthening the
chain between the people and the...and the employees are
going to serve the people. This Commission is very
responsive to the public. As it should be because that's
who put you here and that's who can take you away if they
are dissatisfied with the job. Similarly, the citizens
who enjoy these services, and who pay for them with their
property taxes, they should have the right to see what's
going on. And that's why the Civil Service Board is open
to the public. Again, we're going to close itup and give
it to one person. And on top of that, we're not even going
to tell him how to work. We'regoing to leave it to his
discretion. And if his discretion goes awry, what' the
alternative? A law suit? I suggest that's not a very
efficient method of employment or management.;. And it's
counter productive to the good relations which currently
exist between labor and management.
Mr. Teems: Mr. Mayor. The Firefighters contend that this.
1.3 is a violation of Section 62.2 of the Charter. Which I
understand you always...already have a legal opinion that,
says the Consent Decree s9rsedes. I assume. The
language appears to track the language of the Charter except
for the fact that it leaves out the word specifically. And,
I'd like to read that to you, into the record, that...that
section of the Charter. Section 62.2 It says, "the
classified services shall comprise all positions not specifically
included by this Charter in the unclassified service. There
shall be in the classified service 3 classes to be known
as the competitive, non-competitive and labor class." And that,
in my contention,is exactly what these rules are violating.
We also contend that these rules cannot supersedes the Charter.
Civil Service Rules can't supersedes. the Charter, and they are
in violation.
Mr. Krause: Mr. Klausner and Mr. Teems have apparently been
unaware of some of the changes that have been taking place
at the federal level that affect what state and local
governments can do with federal funds. Late last year,
the then United States Civil Service Commission, which has
since been abolished, issued a new document called "Federal
Merit System Standards" which are supposed to set standards
for operating a personnel system where federal funds are
available. Now, there have always been federal regulations
in this area. But it is the objective of Congress and of
the new Office of Personnel Management which was created last
year at the federal level, to extend these merit system
standards broadly to all federal grant programs. This year,
they extended the merit system standards to hiring of CETA
administrative staff. That is the...not the participants,
but the people who administer the program. Those jobs have
been exempt from Civil Service under a legal opinion, in Miami,.
ever since the CETA Program was created. It is now necessary
to apply a merit system to the selection of administrative
personnel under the CETA Program. It is quite likely that
the same merit system standards, since they are being applied
broadly to most grant programs, will be applied reasonably soon
to the selection of participants in the CETA Program. The
use of the word feasible is intended to give the City some
flexibility in attempting to deal with the merit system
standards and the federal guidelines on employee selection.
Which are extremely detailed and extremely difficult to
comply with. I don't see this as granting authority. I see
this as a severe limitation and a severe burden for anyone.
IIIIIIIIIIIIIuiI 1111IIUIuI
14
ist
flW 241915
in this. City to have to carry. To try to administer the
CETA Program in accord with the merit system. I think
that's the desireable thing to do but I think it would be
very difficult to do.
Mr. Teems: Well, in response to that, my understanding
is the Civil Service Board is already doing some of this
rig now.
right In fact,your transition positions are CETA
positions being transitioned into classified service. And,
that was approvedby the Civil Service Board.
Mr. Krause: That is not the same thing. That is selection
for the Civil Service. It isnot selection for the CETA
Program. The CETA employees are still exempt from Civil
Service.
Mr. Teems: So you're contending still, that CETA
CETA, employees are still exempt,,. from:CivilService And I
say that's wrong. I say that CETA employees should be in
the classified service under CETA. They. should be hired
under the classified service....have all the benefits and
rights of Civil Service. You're saying no.
Mr. Krause: I'rn saying they are not. I'm just simply.
stating a fact. The fact is they are not under Civil
Service.
Mr. Klausner: But the ordinance...the ordinance doesn't
bring in these federal standards. What it does is give
one persontheability to interpret these standards in
the manner that he determines that their use is feasible.
Without any guidelines. You're not adopting the guidelines.
You're givingthe, power to someone to use the guidelines,
essentially whenhe thinks they are feasible. And, that's
not what ordinances are supposed to. do.
Mr. Plummer:
item?
this
Mrs. Gordon: Interpretation of the word feasible must be,
included in here. Feasible left by itself is just too.
vague. Therefore, to amend these rules and not include
a definition of exactly what you're going to use the word
feasible tone is wrong.
Mayor Ferre: Mr. Krause, is there a way, we can expand tha`.,
to specifically define feasible in a more formal way?
Mr. Krause: Feasible is a normal. English word which
well defined in Websters Dictionary....
Mrs. Gordon: What is reasonable, what is feasible is a
very varied terminology in contracts or in amendments to
rules.
Mr. Krause: I think it is important for the City to try:to
have a set of rules or an ordinance with which it can live
and with which it can comply with federal regulations. I
do not think it is in the interest of the City to write
Civil; Service ordinances in such a way that it becomes impossible
to comply with changing federal regulations.
Mayor Ferre: All right. Thank you. Mr. Joe Murphy is
here representing the Community Relations Board. And he
asked permission to make a statement and interrupt the,
proceedings the way we are going. Weunderstandhow busy
you are Joe. So don't worry about it.
4.5
ist
1st. VS
Joe MurphyThank you, Mr. Mayor. Thank you, sir and.
Mrs. Gordon andmembers of the Commission. Thank you for
allowing me to come up here out of turn. My name is Joe
Murphy. I.: live in the City of Coral Gables. I'm the former
Mayor of that. City. I'm a laywer and I'm the past President
of our Bar Association. I'm here today representing the
Dade County Community Relations Board. I'm here to advise
you that';the Dade County Community Relations Board, by action
of its Board Council which met last month, recommends that
you adopt the proposed ordinance which provides for changes
in the Civil Service Rules as recommended by the City Manager
and the Director of the Department of Human Resources. As
you know, we appeared before you last November and requested
you bring from the table this proposed ordinance and adopt
its proposed Civil. Service Rule changes. Our recommendation
was made upon conclusions by the Board Council resulting
from a forum which we held in October of last year on that
subject. The employment of minorities and women in the
City of Miami. We believe that we had all the necessary
parties active in the forum discussion as to why the City
of Miami' was not successful: in affirmative action in the
employment of minorities and women in compliance with the
Consent Decrees. It was at that forum that we heard that the
rules and powers that you gave the Civil Service Board were
used to prevent expeditious affirmative action with the
result that the City Manager could not be held accountable.
Andthat these rules allowed your City unions to force all
affirmative action to take a slow case by case basis.
Therefore, the Community Relations Board upon this information,
supported the changes to the Civil Service rule. But after
we made our presentation before you last November, the representatives
of the Firefighters Union protested that we had not studied
the impact of what we were recommending. They protested
that the October forum discussions did not provide an
opportunity for them to present their position which was
different from other unions. Consequently, because in
November you decided to keep the proposed ordinance on the
table. The Community Relations Board appointed a special
committee under my chairmanship to hear and to discuss the
criticism of the proposed changes by the City of Miami
Firefighters. A copy of their criticism is attached to my
statement. Then this proposed ordinance came up for a first reading.
on May.24th. Because I was also chairperson of the C.R.B.
Criminal Justice Committee which was very heavily involved
of the external review -system by police agencies iri Dade
County we did not have an opportunity to discuss with City
officials their answer to the firefighers criticisms..
So. on May 24th, we were under a cloud because the Firefighers
Union had raised a concern that, we were so enthusiastic to
support the propositions that the City of Miami should
correct the inbalance employment of minorities and women
in all levels, that we were blind as to the impact of what
we were recommending. We were lead to believe that we
were blind for not assessing as to whether or not the City
Manager and the Department of Human Resourceswould do any
better in acheiving affirmative action than`. the present
system. Or, whether the real objective of the City
Manager and the Department of Human Resources was to use
the cover of affirmative action to destroy theCivilService
system and to institute an anti -labor practice. Because
of this cloud over us when we appeared before you last May,
we didn't advise you either to adopt or not to adopt the..
proposed ordinance. But instead, to approve` on , first read
1
St
JUL 2 4 '1379
so that we would have an opportunity to study the questions
and answers regardingall of the proposed changes of the
rules. Since May, I have developed a memorandum to the
Executive Committee of the Community Board. I set forth the
question, whether the proposed revision of the Civil Service
rules which would tra.isfer authority from Civil Service Board
to the Department of Human Resources is desireable to achieve
affirmative action pursuant to the United States Justice
Department Consent Decree. A copy of this memorandum is
available. Under the question, the memorandum raised those
issues which have been raised by the Firefighters Union and
the issued which were raised on the disucssion of the May 24th
Commission meeting. This memorandum along with criticisms
from the Firefighters Union was the basis for our special
committee. For our discussion which we held with officials
of the City of Miami on June 21, 1979. At that meeting,
Assistant City Manager, John P. Bond, and Director of Human
Resources, Robert Krause, presented 2 documents, also for
our discussion. Their documents constituted and answer to
the questions and issues that we raised. A response to
questions raised by members of the City Commission on May
They also sent us a response to questions that we raised
as to how the present rules regarding the steps in the
recruitment process caused delays in Civil Service hiring
with an adverse affect upon minorities. These documents are
also attached to our statement. Therefore, based upon our
study, we make the following conclusions raised in our
memorandum. 1) the proposed changes in the rules would not
eliminate the overall authority of the Civil Service Board
and should not result in nepotism or politics involving
City employment. Dade County and the City of Coral Gables
do not have a Civil Service Board with day to day authority
as to the Civil Service...as the Civil Service Board of Miami`'
has. And there is no knowledge, on my part, of any problem
of neoptism or politics in our city employment. Two,
managerial responsibility should be placed in the Department
of Human Resources so that byline authority...
Mayor Ferre: Excuse me, Joe, for interrupting. I think the
statement you're making is so important starting with that
number 1, your conclusions, that Mrs. Gordon is being
interviewed by Channel 6. Can we wait just for a moment
till she gets back because I really don't want her to miss
this opportunity. And I would like to respectfully request
attention for Mr. Murphy. Go ahead.
Mr. Murphy: All right. To repeat our conclusions, number 1,
therefore, based upon our study we make the following conclusions
to the questions and issues raised in the memorandum. One,
the proposed changes in the rules would not eliminate they
overall authority of the Civil Service Board and should not
result in nepotism or politics in city employment. Dade
County and the City of Coral Gables do not have a Civil Service
Board, at all, with day to day authority as the Civil Service
Board of the City of Miami has. And there is no knowledge
of any problem of neoptism or politics in our city employment.
Two, managerial responsibilities should be placed in the
Department of Human Resources so by by line authority, it
can be held accountable to the City Manager, to you, and the
United States Justice Department for affirmative action.
Three, the record shows that the Office of the City Manager
should achieve better affirmative action based upon past
performance of his office regarding unclassified and non CETA
positions. Four, there is no information that the present
employee organizations would be successful in supporting
affirmative action under the present system, in all departments;
at all levels. Five, the proposed Civil Service Rule changes
do not constitute a total revision and are limited to steps
necessary to achieve affirmative action. Six, the question
17
ist
JUL 2 41919"
as to whether the City of Miami should adopt Dade -County
Personnel. System is not relevant because it is not necessary
to have total revision to achieve affirmative action. Also,
their board.is a mere advisory board with, less power.
Since we have appeared before you, the Supreme Court of the
United States in Weber vs Kaiser, has supported the proposition
that you, the City of Miami, could adopt an affirmative
action plan which will result in all positions of City
employment to respect the ethnic distribution within the City.
The Commission is an example of such...your own Commission;
is an example of such representation. And we request you
to continue such representation of all levels of your
municipal structure. We believe that adoption of the proposed
Civil Service Rule changes is a necessary first step.
Thank you, Mr. Mayor.
Mayor Ferre: Thank you very much, Mr. Murphy. And I might
point out...Mr. Murphy, could we get copies of that made?
If you would give it to the Assistant City. Manager he'll
have a copy of it..
r. Murphy: Mr. Mayor, I might say that because of other
commitments, I'm going to be leaving you all. But Mr. John
Due, our Program Officer ofthe C.R.B.,; is going to stay
here and will be°available for comments. Or if there are
questions stemming from what I've just read.
Mayor Ferre: Thank you. Mr. Murphy,.I might'point-out, just
for those of you that aren't fortunate enough to know of your
background. Besides being, the President'. of the Bar, and
being. Mayor of Coral Gables, you have been for many years,
a very prominent practicing attorney and that you've done
a lot of labor law And that you have represented a Jot
of unions in your time.'
Mr. Murphy: Mr, Mayer, I have, not as a matter of fact. I
am not'a union lawyer and.I have not been.involved in that
area. I come from a.union minded 'family, however_. My
brother is International Vice President and' has. been' in
labor for"many years. Some people say that;my...that there'
another. labor story in` our family. You know, :we :have 11.
children and some of my best friends say that my wife has
been' -in' Jimmy Hoffa,was. ,(LAUGHTER)
Mr. Teems: Mr. Mayor, Mr. Mayor, I'd like to respond to
Mr. Murphy because I'll tell you this,;. that as far as the
labor attorney's-and'the laborers in the City of Miami, we
have a great deal of respect for the man, whether he's ' a
labor attorney or not. And, the ocassion he's talking.
about where he talked with our union,our representatives,
was me and, Mr. Kaplan, and I think Joe Perry was with me.'
Was the time that we came before this board complaining
about these rule changes and we asked any interested group
in the community to sit down and talk to us and at least
understand our position. And that's...that's the ocassion
I think Mr. Murphy is referring to. One thing he did leave
out though, that I think the suggestion at the time was...
the concluding suggestion from the Community Relations Board
was, if you could sit down and negotiate changes that were
meaningful for affirmative action, would you agree to do
that? And I think the answer from us was absolutely, yes.
Do you agree?
Mayor Ferre: Let me for the record stand corrected and
apologize. There's no question that Mr. Murphy comes from
a family that is very labor oriented. And perhaps that's
the statement I should have made and I thinkthere is no
question about his integrity and about his intentions in
13
jOrk
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JUL 2 41979
all of this. And he's come here with a very strong statement,
not for himself,,but...but speaking -for the Community Relations
Board; and that's the main -,point. And I...that's why I think
that the 6or 7 points that you made are very important.
Of course, we can side track with side issues but the main
thrust is there. Thank` you, very much. Now, Mr. Javier
Bray of...
Mrs. Gordon: You know, there is one thing I'd like to
Mr. MurpY h 'becauseI know Mr. Murphy for a- long time..
Respect him tremendously and I also ,wondered when anybody:;.
was going to mention your 11`children. I think, that's some-
thing to be very proud of.
Mr. Murphy:
Mrs. Gordon: In our rules, I want to know what is your
opinion, on how can the, City be protected by arbitrary
actions.Which could be madeby the Director.. I'm not
saying Mr. Krause, but any person sitting in that position
could make arbitrary decisions..` How can we be sure that
there will not be injusticecaused in that way. How
canwe be sure ,thathis decisions wouldn't be somewhat
influenced...not.him but the position, be influenced by
you know, patriotiIn...I'm sorry, patronage and...and
these are important considerations that, you know, I can
find a lot of merit in these rulechanges, o.k. But I
also have a lot of concern and I have to be satisfied that
these concernsIhave are, you know...
Mr. Murphy: All right, Mrs. Gordon, let me say this. First
of all, there 'is...obviously there is no perfect answer to
that. But, trying to relate it to the City of Coral Gables,
which I.have indepth experience, we have a Personnel Manager
and a Personnel Department. And that person is responsible
to our City Manager. Not that we've had many changes in
that field but there is the...there is the answer to it.
If you find that...if the City Manager finds that the
Personnel Director, or the Department of Human Resources,.
whatever you want to call it, is not doing its job
correctly, that there is nepotism or there is politics
or there are all these bad things that you hear about,
of course, he has a very swift remedy available to him.
And in my way of thinking, that that is really the only
answer you are going to get on that question. In the Gables
we do not have Civil Service. We have a Personnel Department
and we have a trial board. I'm Chairman of the Trial Board.
I've bean reappointed now for 4.or 5 years. And we hear
we hear the complaints from City employees who have problens
with the City. And, we get along real well on this thing.
Now, as a lay person, not as a lawyer, let me say this to
you. That in hearing what I have heard with the C.R.B.
in sitting there and listening to the sessions we've had,
it's perfectly obvious to me that your present system isn't
working because the very people that you would like to help
and all of you Commissioners would like to help, the people
who need the help the most, they simply are being sweated
out when it gets down to hiring them. They just don't get
the job because they can't wait that long. You've got...
you've got traditions built up on you Civil Service Board
that seem to to have a slow down effect on ultimate
decisions. And in law school we learned something, and my
goodness that's 29 years ago, but we learned an adage, an
expression, it is a lallowtletemertelloyou Rwryhatp that sa means.
It's very simple. I've always remembered it. It means
the thing speaks for itself. The thing speaks for itself.
And I'll leave you with that little latin maxim.
19
JUL 241979
Mr. Teems: Mrs. Gordon, let me respond to that because
agreed with him about 80% of it. And I find myself in a
quandry. Him for these rule changes and me against and
I' agreeing with a lot of what he's saying. There's...
if there is that kind of a tirne lag in hiring and promotion
with the current Civil Service rules, I' see no problem
with sitting down and negotiating changes to correct that.
No problem at all. But the Civil Service Board of the City
of Miami has 3 Commission appointees. Not to the Manager,
not to that extra step, not to the Commission saying to
the Manager that the Director of Human Resources is not
doing, his job, so fire him. Which they don't really have
the Charter right to do. But strictly, right to them. They
can fire them. They can get rid of them if they are not
doing the job they are supposed to be doing. They have the
controlling members of that Civil Service Board. And to me
all this is doing is going that one step in between. And
I don't believe you have the Charter authority to direct the
Manager to fire the Director of Human Resources.
Mrs. Gordon: No, we don't have the Charter authority to
direct the Manager to fire anybody. Not only him, but
anybody. Can'teven tell the Manager to fire one of his
assistants, even if he has too many.
Mayor Ferre: All right, further discussion.;;" At this time,
I'd" like to recognize the...Mr.Javier Bray of SALAD. Spanish
American Liberation... Spanish American League Against
Discrimination..
Mr. Javier Bray: My name is Javier Bray and my address is
2002 S.W. 14th Avenue. Thank you Mr. Mayor, for allowing,
me to` ;come before the 'Commission at this point. .I don't want
to say that I'm like Mr. Grassie was in terms of health.
I've had a very severe backache and this is the first day
that I. am upon my feet.
Mayor Ferree
Mr. Bray: And I don't want to overdue it so I` will make my
very brief presentation and I'll probably be leaving and':
coming back later on. But 1 want to endorse everything that
has been said by the Community Relations Board in which
members of SALAD are also serving. And we are thoroughly
familier with the review of...that the Community Relations
Board has made of the rules and regulations changes.;, I
will want to repeat here what`I said on May 24th. That I
don't want to tire you out the same way that I hear the same
arguments being repeated over and over again. And I think
that this is not legislation by delay but`I think that we
have to really come to the point of making a decision that
has been delayed for years now. This thing has been dragging
as much as I feel that my back is dragging these days, and
I,think it's about time to get over it. A mention was made
before of management by litigation. Of management by law
suit. And I submit that this is what is going on and between
the problems that exist are those that want to appeal any
kind of decisions of promotion or hiring according to
Civil Service Rules or according to the Consent Decree. I
have raised the questions many times of how much time are
we spending, Mr. Knox, in just going over these cases.
Unable to manage a City that has to provide services to a
community that goes beyond the police protection and fire
protection. I think it's high time that we come to the
revision that has been recommended, not only by the study
that you commissioned years ago on Booze Allen, but by the
20
•
1St
JUL h 41979
recommendations that the Department of Justice has made
in order to streamline the management of Civil Service and
this community. A precedent exists. That many reforms.
have already taken place in the Civil Service of the
United States at the federal level and in many states.
We don't have to drag this beyond this point and raising
the false issue that this is all going into one office
responsibility. The Office of the Department of Human
Resources Director. There are rules and regulations to
which the Office of Mr. Krause: has to adhere to and federal
guidelines. He's not operating in a vacuum and I think
that by addressing this issue of patronage or patriotism
however we want to put it. I think the question has been
unduly exaggerated.
Mr. Plummer: Mr. Bray,`I would like to correct, and if I'm
wrong, I will stand corrected, as,I_hope;;.You would. I
have on 3 ` ocassions asked to be produced to this Commission,
what you have just referred to. The rules and regulations
thatMr. Krause...excuse me, that the Office the Department
Director shall operate by. And sir, to this day, there
hasnever been produced to me, a copy of said rules except:
an ordinance that creates the department. There are no
rules. And that to me, is the inherent danger. We have.
a set of rules of which Civil Service operates by.
Mr. Bray: And that is precisely what has to be amended.`
A set of rules thatis too narrow for the implementation;
of affirmative action programs.
Mr. Plummer: No disagreement, sir. I have said that from
the word go. But in the same time,; when You transfer
authority and vest it in another office,`.. thereshould be
as you were under a misinterpretation rules and guidelines
that don't exist.
Mr. Bray: There are too many rules and guidelines. And
precisely the job that has to be done is that of putting
some kind of judgment. What rules will be applied and
that's where the word feasible come in, Because he will not
be able to operate in violation of federal guidelines with'.
respects to jobs that are funded with federal funds. He
will not be able to violate the existing rules of the
Civil Service Board as it will be written in this ordinance.
There will be a margin of flexibility in terms of applying
all this complex rules that he has been referring to.
Mr. Plummer: Fine, sir. I have no problem with that.
None at all.
Mr. Bray: Now, what you want is a very simplified set o:
rules that goes back to what the problem really is.
Mr. Plummer: Mr. Bray, the Charter is very explicit referring
to me, as a Commissioner. It spells out what my authority
is. It spells out what I can do and more importantly, it
spells out what I cannot do. There are guidelines. There is,
to my knowledge, no guidelines set up for the Director of.
the Department of Human Resources. Only an ordinance which
creates and it is commonly and always referred to, as this
is the authority.
Mr. Bray: All right, I ...
Mr. Plummer: That's why I have asked, and if you will see,
I don't know if you've been afforded the full packet,
finally, after a year, 18 months, I now have had prepared,
and is in this document today, 2 documents in fact, which
is reality. .One, is Civil Service. The second, is a manual
ist
21
JUL 2 41979
that has never existed and it's entitled, and this was
written by the administration subject to change by this
Commission, the Department of Human Resources Manual. It
doesn't exist today. All of this, in the past, which has
transpired has been done such, without any guidelines. Without
any rules. Yet, we find that the Department of Human Resources,
the Director in particular, have played the game the way
he wants to play. Irrespective of what this Commission has,
instructed them to do. This sir, is the danger as I see it,
when this Commission is the bottom line. You know, they're
not going to look to the Department Director, the Consent
Decree, when something fails. They are not going to look
to Mr. Krause, if he happens to be sitting in that seat.
They are not going to look to Mr. Grassie as City Manager,
it's this Commission. It's this Commission who signed that
Consent Decree. And it's here where the authority always
lies and will. Regardless of whether it's me or any of the
others that are presently sitting here. But yet, we are
being asked to empower an individual who has no rules, no
guidelines. Who does not answer directly to us. Who
iri fact, has interpreted the rules to his own damnation.
And yet, it's me the elected official whose neck is on the
chopping block Sir, I` say to you, that the breadkdown
comes, if You wish, the derelict of this Commission, in not
settingfrom day one, those rules andregulations when the
new department was created. But You bet you sweet bippy,
that I'm going to try. Whether it's this set of rules or
some other, to set forth a manual, a book, that outlines what
the Department Director of Human Resources responsibilities,
his duties, and his authority. Because if you read these
Civil Service Rules, they're not Civil Service Rules. What
this does,'I think in 48 instances, merely state whamo, we
change this to the Director of the Department of Human Resources.
You can change it to him without even having a book of his
guidelines. What he does and what he's responsible for. Now,
I'm going to get into that further because I've madesome
pretty heavy accusations but I want to tell you, it's not
my "accusations'.' It's from the minutes of the meetings. And
1 will quote directly eventually. Unfortunately, Reverend
Kirtley is not here because I want him_ here..
Mayor Ferre:
Mr. Plummer: I want hire here when the real truth hits the
table. And if you wantmy opinion, which I'm entitled, you.
want to,know why there's been big problems? Because'people
have; done ;as they damn well please. Irrespective of the
instructions of this Commission.
Mayor Ferre: Thank you very.
Mr Bray: Well, I'm...I'm,very glad; that the presentation
that I', have made up to now, has stimulated this kindof.
response. Let me justadd,"_that:youcan make=exactly the
same"argument for every aspect of the administration of..the
City, if I hear correctly what Mrs. Gordon was saying before.
It's "only;,the CityManager ""that -is. responsible to you for
theg re bureaupparatus.
,management this entir bureaucratic a
Mr. Plummer: No sir, you are wrong. And let me tell you where
you are wrong.When this City, in good faith, created an
Affirmative Action Board, it was,explictely said that that
Board shall report directly to this Commission.
Mr. Bray: As 1 recall that was voted down and I would have
been very. much in favor of that proposition that, You just
made.
et
JUL 2 41979
Mr. Plummer: No, sir. It was not voted down...
Mr. Plummer: It was voted down in a second revision ordinance.
before this Commission. And let me just quote to you, and
I'll do it now, because it's very key and on point. Mrs. Gordon
asked the question at the time of this revision, which then
changed the rules and said that the Affirmative Action Board
shall report through channels, not directly to this Commission
as originally established. Mrs. Gordon, and I'm reading
from the minutes of October 26, 1977. Speaking to Mr. Grassie,
Mrs. Gordon, "is it changed. Is it changing the concept in
any way at all from what it was. Is there?" Question.
Mr. Grassie, "simply strengthening and expanding it from their
point of view". Mayor;Ferre, "Does this corne with their
recommendation, Mr. Manager?" Mr. Grassie, "yes,, sir".
Yet, Reverend Kirtley stood before that microphone and said
that it was never brought before them. They were unaware
that the rules had changed. And the only defense was that
the Department Director of Human Resources, through his own
interpretation, had said you shall report to me first. Then,
I'll report to the Manager who then will report to the
Commission. Sir, :I_say to you, there is a big, big credibility
gap. I say to you, that this Commission; established that`.
Affirmative Action Board to report directly to us because it'
our neck on the chopping block.'` And, I'm not settling for
anything less. I'm not going to settle for anything less
than guidelines be established for the Department of Human°
Resources.
Mr. Bray: I'm glad to hear that. I'm glad to hear that.
And I'm very glad to hear that the original thinking that we
had in terms of the Affirmative Action Board reporting directly
to this Commission may be revised again.
Mr. Plummer: Yes, sir.
Mayor Ferre:
All right
Father Gibson: Let me say amen. I` warned you. I warned you
and begged you all when this came up. I want to say it
again. I said it when Reverend Kirtley was here and;I want
to it again. I warned you then of this danger and every...''
most of you did not agree with me. I live by a board and
I know what could happen. One of these days you'll listen
to me. I said that if you have an Affirmative Action Board
and it was creates to accarsaish what you were trying
to accomplish, the only way you could ever know whether
you were accomplishing what you set out to accomplish was that.
they would report to us; not to the r�et ►alter .
Everybody, not everybody, people at tnat time, the major:.ty
said, "no this is a better procedure", and I said O.k..fi:.a.
You will find yourselves caught in a bind and I hope...
I say this Plummer, because if reporting to us will cause
to get about the business, I hope that
we would restructure so they would report to us and
about the business.
get
US.
Mr. Bray: Well, I hope so but that's a different argument
from what we have been concerning here...
Mayor Ferre: All right, Mr. Bray, I. don't mean to...
Mr. Teems: Mr . Mayor, Mr.` Mayor...
Mayor Ferre: Excuse me, I'll recognize you. Please believe
that I will not, in any way, try to shut anybody out. I
just want to have an orderly movement of...of...so let me
93
i a t
,�u� 2 4 1Q70
run it that way. Mr. Bray,.I appreciate...I...what I'don `'t
want to get into is a discussion, argument going back and
forth. We're in the middle of trying to go through a document,
out of courtesy to you because you are ill and your back is
bad. And out of courtesy to Mr. Murphy who had another
appointment to attend, I interrupted the proceedings. I think
we should get back to them.
Mr. Bray: Mr.,Mayor, may I just then make a summary of what
I': was saying. And I want to stress the point that what we
are trying to do in terms of the amendments of the Civil
Service Rules is to make it more expeditiously, to work under
the professional guidance and guidelines administered by the
Department of Human Resources. I think that the fear of the
one man rule is a false argument that has been raised for
purposes of going into other matters that are not pertinent
to the amendment of the Civil. Service Rules. And that we
certainly have to, in order to save money, the tax payers
money, is to stop this management by litigation. Management
by law suit which has ensued from the differences between
the Civil Service Rules and the Consent Decrees. I think
that that's what you have to resolve and I strongly endorse
and favor the amendment of the rules that has been proposed.
Mayor Ferre: All right, thank you very much. All right,Don.
Mr. Teems: Mr. Mayor, really it's not a separate issue to the
concept of the point of the Affirmative Action Board and the
problems they are having. When they were put under the
Department of Human Resources, they were hog-tied. They
couldn't report directly to this Commission of what was
happening. They had no...they had to go straight to the
Director of Human Resources to get any information they could.
get. And there was a barrier between them and you.And it's
the same concept with the Civil Service Board. When you put
all these rules and all this authority under under the
Director of Human Resources, he's responsibleto the Manager.
He's not responsible to the this Commission. Now, you have
3 people on that Commission that you can fire and rep...you
know, put somebody else on there. And they are directly
responsible to you. And that's the point we are trying to make.
That if you are looking for affirmative action you have to
have the people directly responsible to you because you are
the ultiinate responsibility for affirmative action. And the
Consent Decree. And the only way you are going to do that is
to keep it in a board that is directly responsible to you.
This...I totally agree with the, with the Affirmative Action
Board and their complaints. And if you'd go to some of the
meetings, you could hear the frustration of the members.
They can't get information,,, they can't "anything. Because
they're blocked.
Mayor Ferre: All right...Don, Reverend Kirtley will be here
at noon and it's already 11. I suggest that we continue and
when he gets here then we'll get into the question of the
Affirmative Action Board. So we are now back, we went through
1.3. We are now...where are we Mr. Krause? 1.4? Is that...
that's the next item before us. So, we are now on item 1.4.
Mr. Krause.
Mr. Krause: What...the...the present Civil Service system
is divided into competitive and non-competitive occupations.
Essentially, what that means is that there are written tests
for some jobs and there are not written tests for other jobs.
The federal government through the Federal Selection Guidelines
has established criteria for determining what kinds of jobs
can be subject to competitive: written tests and what jobs
cannot. The Justice Department has pointed out to us that
under the Consent Decree, the City is obliged to comply with
ma
ME
1
=st
JUL 24 1979
the Federal Selection Guidelines issued by the Equal
Employment Opportunity Commission. They further pointed out,
that compliance is not something that can be achieved by
lay people such as the members of the Civil Service Board,
or the Chief Examiner, that it is the type of function that
must be done by professional tr?ined people. What Rule 1.4
does is to make it, possible for the City tocomplywith those
provisions of the Consent Decree and those provisions of
Federal Selection Guidelines that specify uses of competitive
examinations.
Mayor Ferre: All right.
Mr. Klausner: Mr. Mayor, again we find, at the risk of
sounding like a broken record, we find ourselves back to the
same problem. Yet, I can't afford not to say it because I`
can't underemphasize the importance of the fact, that Rules
1.4 and 1.5 again, violate the Charter. You have a legal
reason, it's been given why you can violate the Charter. 1
submit to you that the people of the City, in adopting the
Charter, didn't give you the right to change the Charter
when you see fit. Only the people retain that right.
Mayor Ferre: All right, Mr. Knox, do you want to respond to
that. on the record. The statement is that again in 1.4 and
1.5 that's a violation of the City of Miami Charter.
Mr. Knox:. Federal Courts have indicated that where necessary
th implement Federal Orders it is necessary to violate the
terms and provisiOflS of state statutes, state constitutions,
municipal' charters or rules of order (REST OF COMMENT INAUDIBLE)
Mr. Plummer: Well, you know, that's all well and good Mr Knox.
You know, I think if you repeat it one more time I'll be able
to do it as well as you do because I've heard it so many times.
Let's come down to a little bit more of the gut of the issue.
The gut of the issue, where necessary. Now, who is going to
make that determination, where necessary. You see, at this
particular time, you have where necessary being determined
by other than this Commission in a set of rules that's being
presented to us, that have been etched in stone. Now, I say
to you, you're very correct in the terminology that you are
using. But I think where it falls apart, is the word
where necessary.
Mr. Knox: Now, there is...that may be an administrative
rather than a legal problem. I can only say that guidances
is provided in the EEOC Guidelines for Employment Selection,
for example. And again, a decision as to whether or not
the City of Miami would choose to have what has been definEd
as a professionalized personnel management system, where an
individual or an office is responsible for all personnel
matters so that if that's the case, so where necessary would
be a determination in the professional judgment of the person
or office that's responsible for that position.
Mr. Plummer: See, that's...that's where the...that's the
whole crux of this matter. The whole crux This Commission
set forth a set of policies in establishing an Affirmative
Action Board. It was my understanding, and the rest of
this Commission can speak for themselves, that in fact, the
Department of Human Resources would be answerable to the
Affirmative Action Board. Yet, we find much to the contrary,
in the thinking in these minutes, that somehow or another it
was reversed. And the Affirmative Action Board is answering.
to the Department. Now, that's where the crux of this
problem, as far as I'm concerned, is coming from. If you cannot
25
JUL 2 41979
set policy at Commission level, which you expect to be
adhered to, than then come right out and ask doesthis change
the rules and the answer is no, it doesn't. But in effect,
the man who is the head of the Affirmative Action Board,
obviously, according to his statement before this Commission,
was never even consulted. He was amazed to find out this
rule had taken...or this thing had taken place. Is there
any wonder in anybody's mind that the tail is wagging the
dog. Yet, when the crunch comes, and the letters come from
Washington, those same people who change the rules of the
ball game, suddenly shuck responsibility, run and put their
tail between their legs. I say to you the bottom line of
this whole thing as the man in the City of Coral Gables said,
Mr. Robinson,` the City Manager, the buck stops here. This
Commission in the final analysis is either going to be held
accountable for doing a good job or a bad job. But when you
take it and violate, I guess that's the word, when you violate
the intent and policy of this Commission and do what you want
to do, is there any wonder of a breakdown of communications,'
which means you're going to have a breakdown of the system.
Now, I'm...I'm not going to go into a long dissertation any
more. But I'm going to tell_ you I am opposed to any single
man making decisions, who is not answerable directly to me
when my neck is on the chopping block. This Commission
operates with 5 people. Why? We don't have one Commissioner
running this entire City. I'm proud to say I'm a member
of this Commission and i'ts one of the best balanced Commissions
that`I know of in the State of Florida. Every segment of this
community is represented on this Commission. Because you
get a balance of thinking. You get a diversity of thinking.
You get an independence of thinking. And as far as I'm
concerned until somebody starts making it a reality, that
it's going to take 5 member board, as the Zoning Board,
Planning Board, the Civil Service Board, the City Commission
to get that balance of thinking, I say that this matter,
You're blowing smoke because you're putting the responsibility
in one person's hand without rules and without. guidelines.
This was all handled, contending to say that it was handled,
badly by. Civil Service, but yet they had a set of rules. They
had a set. of guidelines.We do not find in that person who
we are being asked by these changes, absolutely no rules.
No manual and no guideline. I don't understand how anybody
in their right mind can think that this can work.
Yes.
Mr, Klausner: If may, I'd like to add to that in 2 respects.
This Commission is extremely well balanced and reflects the
segments of its society. But it wasn't created,by a balance
where a singleindividual came in and said, 'well °I'll select
one Cuban Commissioner, one female' Commissioner, one Black
Commissioner. That wasn't the way, it was done. The people
to this Commission were elected irrespective, I would hope,
of the segment of society and the label put onthem by the
color of their skin or their faith that they have, or the
country where their parents were born. They were elected because
the people determined that they were the best to serve them
and to govern them. The Consent Decree says in the first
paragraph that the City of Miami shall never be required to
hire an unqualified employee where ''a.qualified employee. exists.
Qualifications transcend color. The other thing I'd like to
bring up is another legal maxim. And that's that ignorance
of the law is no excuse. You've all heard it many times.
But the origin of that comes from the Romans. And on the wall
1st
26
JUL 2 41979
of the Roman Forum all of the laws of the empire were etched
in bronze. So that no person could claim ignorance there
in the public square. But what we're talking` about here are
rules that don't even exist yet. If' this were the Roman Forum
all that would have been etched up on the wall is we'll tell
you the rules when we determine it's feasible. And that's
not what due process is. I'll tell you why the employees,
and I'm speaking for the F.O.P.; I'll you why they are
fighting so vigorously. Because they are afraid. They're
afraid of the rule of 1 person. They are committed to
affirmative action. We want to sit down and talk out some
rules that provide guidelines. Not, to put the power in the
hands of one person. 47 times the Charter power of the
Civil Service Board goes to a single individual and that's
not what this Commission is supposed to do. This Commission
swears to uphold the law of the City. It is going to place
that, rule making authority in the hands of one individual who
is not answerable to that Commission. And I submit that that
not only violates the Charter and the laws of the state, but
it violates the duties that you Commissioners swore to uphold
upon assuming, your offices.
Mr. Teems: I...you know, I submit that both 1.4 and 1.5 are
violations of the Charter and at no time, so far in these
hearings, has the administration showed me specifically or
any other way, pulled out the Consent Decree and said, this
is a violation of this Consent Decree here. All right, they
have given you generalities and and, you know, very flowery.
statements, but never have they said that so far. And I'd
like to put that on the record. And now I'd like to address
1 other, point.
Mr. Plummer: Wait, wait, Mr. Teems. Let me tell you wha
I think is even more of a misnomer. If you read in 1.5, t
bottom line says, "as maybe determined by the Director of
Human Resources in accord with the Charter." I` can't find
anything in the Charter that determines what he shall use
as guidelines.
Mr . ,Teems : The
in the Charter,
other point...
Director of Human Resources is never mentioned
Mr. Plummer. Never mentioned. But .but one
it does say, in accord with the Charter.
Mr. Teems: Yeah. You're right. One other point, the Director
of Human' Resources speaks to the...and the Justice Departoent
spoke to the fact of a lay board. The Civil Service Board as
being a lay board. And they cannot run the personnel fu:zct.ions
of the City because they are a lay board. They can't set
policy for the personnel function of the City because they
are a lay board. We have to turn those over to a professional
staff. Now, you take that sta...you take that concept one step
further. What are you doing there? You are a lay Commission.
You're not professional managers. You're people elected by
the people to set policy for the City of Miami. The professional
staff are supposed to do what you set policy to do. And, that's
exactly what the Civil Service Board is set for. So, if you
take that one step further, now I don't know what the next step
is, but it very well could be that maybe the City Commission
is a lay Commission therefore, they don't have the expertise
to be able to run the City of Miami. So, they have to turn
that over to a professional staff.
Plummer: Lets move on.
Mr. Plummer: No, 1...Well,
1.5
1.6. I think everybody has addressed
27
JUL t41979
Mr.
Mayor: Ferre:.
Mr. Klausner:
. Plummer:
All right,
There's no
1.7
Mayor Ferre: 1.7
Mr . Teems:
6. z. stand corrected.
change
There's no change.
Unidentified Speaker: 2.3 is the next change," sir.
in the rules there, Mr. ,Mayor.
Mayor, Ferre
1.3..`.2.3
Oh, 2.3 O.k. Anything in between 1..6 and
Mr. Teems: Yes, sir. Mr. Mayor. 1.19,"the "age limit has
changed.
Mayor Ferre: Allright, age limits. The established limit
on age. An applicant will be deemed to be within the age
limit to."..forexamination if the anniversary of his or her
birth date falls within one month of the date of the
examina"tion. Any problems with that?
Mr. Teems:. Yes, ..Mr. t4ayor, I've got one before that, I'm sorry.
The.1.11on'eligible register.
Mayor. Ferre: 1.1
Mr. Teems: The proposed rule leaves out ranked in order o
merit. This wording is in the present rules in order to
comply with the first paragraph of Section 63 of the Charter.
And it was left out of 3..11.
Mayor Ferre:
to that?
All right, Mr. Krause do you want
o respond
Mr. Krause: Yes, the...there are competitive examinations
and non-competitive"examiniations. Even under the present
system. And on non-competitive examinations people are not
ranked in the order of merit. So, the present rule is
inconsistent with the present practice and with the Charter
provision.. This is simply a clarification to indicate that
eligible registers are established for both competitive.
and non-competitive` examinations.
Mayor Ferre: All right, we are now on 1.9...19.
Mr. Teems: Mr. Mayor, let me' read you the Charter,'o.k
He says this is...the present' rule is in violation of the
Charter apparently in present practice...
Mayor Ferre: Don, 1.19 or 1.11?
Teems:
Mayor Ferre:
1.11
0 k. Go ahead
Mr. Teems: All right. It';says, the board subject to the
approval of the Commission shall adopt, amend, and enforce
a code of rules and regulations providing for appointment
and employment in all positions of the classified service,
based on merit, efficiency, character, and industry which
shall have the force and effect of law. Now, that's the
Charter of the City of Miami. And, that's what I submit to
you was omitted from these present. rules.
28
st
JUL 2 41979
Mr. Krause: I think Mr. Teems just simply missed the point.
The point is that the present rule says everybody will be
ranked, even if they take a non-competitive examination. Now,
that's impossible todo. The ...the Federal Selection Guidelines
also regulate this and indicate where there is adverse
impact even in a competitive examination, employers are
required to seek alternative ways of using the examination.
Now, the leading decision on this, the first decision, based
on the new guidelines, came last fall in the Mobile, Alabama
Police case, where a valid examination produced adverse
impact against minorities. And a Federal judge said that
the Police Department in Mobile, Alabama, could no longer rank
the candidates on the eligible register even though the
exam was valid. That the Department would be required to
interview everybody regardless of score, and; make appointments,
in a manner that did not have an adverse impact on minorities
It is sometimes difficult to explain to people who are not
listening.
Mr. Teems: Whoa, whoa. Mr. Mayor, I'd like to respond to
that because I am. listening' In fact, I've been trying to
listen for 2,years. I:haven't been getting very much, but
I've
� y,
been,;'tr ing."to listen.- Now,"the merits:..
Mayor Ferre: Well, you know,`
people listen but don't hear
Mr. Teems: That's true. And, and I think, I think the point
is well taken from the from the maker of that statement.
All right. The Charter speaks pretty specifically to merit
system. And I agree with him, as far as the federal
guidelines that if you don't me...and the Consent Decree,
that if you don't meet your goals, that you have to seek
alternative methods. But the fact is, Mr. Mayor, we have
met our goals. That's .. tact We have _ _e our goals
Krause: That's
Teems That is 'a
Krause:
Mr. Teems: Well, I'll tell you what, I've got a memorandum
from your office saying that we have met our goals ever
since the implementation of the Consent Decree. Right or
wrong?
Mr. Krause: Are you referring to the City
to the Fire Department or...
Mr. Teems: I'm referring to the Fire Department and
challenge you in any other department.
Mr. Krause: O.k. In the Fire Department, last year, you
achieved a 7% promotion rate within the uniform service,
against a goal of 14%.
Mr. Teems: Mr. Mayor, let me tell you what happens in the
Fire Department. Any promotion, any hiring, is put through
that man and through Squire Padgett to get their O.k.
before they're done. Now, he gave his o.k. on one point
to the adminstration. 'They went ahead and made the promotions
Squire Padgett gave his approval. Now he's turning around
and saying that's not true. Now, you can't have both c...
sides of the cake.
ist
29
JUL241979
;b
Mr. Krause: I'm not saying>that at all. Iim saying...
Mr. Teems: Did you not approve every promotion. And did
you not approve every hiring at the Fire Department in the
last 3 years?
Mr. Krause: That 's...that's correct.
Mr. Teems: Did Squire Padgett approve it too?
Mr. Krause: That's correct.
Mr. Teems:- Then why are you saying we are not meeting our
goals? If we are not meeting our goals you had do that.
simple fact you're
Mr. Teems:
not...
Because you're not. It's a
Mr. Teems: Then that's your fault Mr. Krause.
Mr. Bond: Mr. Mayor, may he respond.
Mayor Ferre: Yeah, I'm getting to that in a moment." Don,
lets let everybody have their say. It's your turn now.
Mr. Krause: It is a fact that the Fire Department has no
met its promotional goal in the uniform service for the last
year. It is also true that this was done with the approval
of the Justice Department. But to say that the City or the
Fire Department has met all of its goals every year is
simply factually inaccurate. There are a number of other
departments also, that have not met their promotional goals.
Not a large number, but some
Mr. Teems: I totally...I..I'll tell you this right now.
I'm going tosay right on the record herethat is an out and
out lie.` O.K.? Because what he's saying is that if you're
not in .uniform every third day, then you're not a member of
the uniforn' service. You're in that "Department but You're not
a member of that service. And he...it was his approval and
Squire Padgett'S approval on every promotion that was made
in the Fire Department. And, if the goals are notbeing met,
the fault is not theCivil Service Board, the fault is not
the Fire Department. The fault is right there.
Mayor Ferrel I..I know, this is what I've been saying.
That we've been...that I've been hearing for 11 years. That
nobody ever wants to accept the fault. Nobody is ever at
fault. Thefact is,_ that we don't have, if you'd look at'.
the Police.; Department and you look at the Fire Department,..;
it does not represent the make-up of this community. And the
fact is that nobody is ever at fault. It's always somebody
else's fault. And I...I want to find somebody who says it's
my<fault.
Father Gibson: Mr. Mayor, let me ask, ifI understand you right,.
you are acknowledging that those who are hired are hired with
your approval, for promotion with your approval. But, you're
also saying that instead of having 7% you ought to have 14%.
Is that what you are telling me? Now, let me surely understand
that what I'm hearing is not what..what is. He sir, is
agreeing with you that he did...he did the promotions with
your knowledge. You moved the people up with his knowledge
and 'approval. And with the Justice Department agreeing with
him. But, he's saying that you worked but -you didn't work
ist
L.
30
JUL 2 41979
hard enough. Your results were not what was expected...
no, was exacted of you based on the Consent Decree. That's
what He's saying. So, you have 2 different things here.
Now the second thing is, I want to make this observation.
Please, please listen to the man. I read last night some
people...I want Rose and the Mayor to hear this. I heard
you all say last night, right up there, you can't
This one said he lied. This one said she lied. Well, you
know like that decision somehow how polite that was was, he said;
it was factually incorrect. That ought to cause you to do
some thinking. Factually incorrect. In other words, you
lied.
r. Teems: Yeah, same difference. Same difference Mr.
Commissioner. But what he's saying is, what he's saying i
and the reason I dispute it with him, they're are people
in the fire service under the Department of Fire, who are
not uniformed fire figheters. They are administrators of
the system in one way or another. And, you know, they'
could be in the Fire Garage, they could be anywhere. O.k..
And that's the total Department'of Fire. And I submit to
you that the total Department of Fire has met its goals.
Mayor Ferre: All right, we are now on 1.19.with regards
to age limit. Any problems on that?
Mr. Klausner: What's missing from 1.19 is that the age
limit is that the age limit, formerly under the old rules,.
was...or the current rules was set by the board. The new
rulesleave .that ,out as to who is going to set the age
limit. Now there are state and federal statutes which
provide remedies for age discrimination. However, each
of those statutes provide that where there's a business
necessity to can set different ages for retirement. For
mandatory retirement in different sectors of employment.
And I; think it's very clear that a city as large as this,
and with the services that it renders, has jobs that require
different needs from different people at different times.
And the Civil Service Board would have been, it seems to me,
the proper authority given the fact that it's appointed
by this Commission in majority. Minority elected by
the employees. And open to the public to discuss these
business necessities if there be any change or deviation
from the state or federal legislation, in the sunehine.
And confined to business necessities. Yet, under the.
new rules, it appears that the Director of Human Resources
would determine necessity.
Mayor Ferre: I don't mean to be critical and I'm just
trying to expedite, please don't...this is an editorial
not based on substance but style. You repeated the same.
statement 3:times in your statement. You know, about the
question that you just pointed out. Could we...could we
on both sides, limit it to just repeating it once rather
than 3 or 4 times,. and over and over?
Mr. Krause: The field of employment is the most heavily
regulated field that there is. By federal law, by federal
rule, by federal regulation, by federal guideline. Also,
by state law. The federal government has been changing
its age discrimination laws very rapidly resulting in a
number of court cases which interpret what is a bona -fide
occupational qualification in the area of age. Seems to
me that it would simply necessary, that somebody who keeps
up on a regular basis on federal legislation and regulations.
and on the court decisions make determinations of what
age limits will be required in accord with the law. Now,
if the Director of Human Resources makes a mistake, he will
either be corrected by the City Attorney or by the courts.
31
JUL 241979
It...this is not a matter for judgment..
complex legal issue.
Mayor Ferre: Mr. Knox, or Alvarez do you want to add anything?
Where's...where's Knox? Do you want to add anything on the
legal aspects on what was just stated by Mr. Krause?
Mr. Knox: Yes, I concur. that age...questions of ag
discrimination are also covered by federal law.
Mayor Ferre: Anything...anyother statements
make on that?
e
you want to
Mr. Klausner: Just the fact that again, we're putting it
back in the hands of one person instead of in the board
that through its quasi -legislative and quasi-judicial powers~
is supposed to make these determinations: You eliminate
the publics input completely.
Mayor Ferre: All right, is there anything else on 1.19.
Is there anythingelsethatneeds to be done on 1.19?
All right, the next item to come. before us is 2.3...
Mr. Klausner: Mr. Mayor, before we go on to 2.3, there
are 3 sections. 3 definitions which exist in the current
rules which are left out of the proposed.
Mayor Ferre: What..what are you talking in reference to.
1.19?
Mr. Klausne.r: In other.. .in the proposed rules.,'there are
definitions which don't appear at all, which do appear in'
the rules which are up for abolishing.
Mr. Teems: They were amended.
Mr. Klausner: They were amendedout in their entirety and
there`. is a feeling that they should be in there.
Mayor Ferre: Oh, I see. O.k. Do you want to speak to that
now?
Mr. Klausner: Yes, if I may.
Mayor Ferre
Ok.
Mr. K1au:ner: The 3 rules are former Section 18, 19 and 20.
Job description, classification plan and .examines. They
are left out in their entirety.The job description
and classification plan, that's how people` are supposed to
know what jobs to apply for and what_ is`expected of them
once they get into the job. And it was the Boards duty
to set that. In fact, the., ordinance which creates Human.
Resources says that's the Boards function and the Department
of Human'` Resources is not supposed to ,get into it. But,
apparently by its deletion. its`; apparently a'power that will
go to the. Director of Human Resources. 2 think it appears
later in the rules by;implication. Without defining what
standards must be applied to descriptions, classification
plans or examinations
MM
1
1
JUL 2 41979
Mr. Krause: Mr.: Mayor members of the Commission. ' The
Justice Department in the letter of April 17th,-1978...:
Mayor Ferre: I can hear you. What date?
Mr. Krause: I'm sorry. April 17, 1978. The letter that
initiated the City action to look at the Civil Service Rules,
specified that job descriptions and job requirements nneededdm
to. be reviewed and revised. And the responsibility for
needed to be put in the hands of professional staff. alhere
is no provision in the Charter that says anything
about the Civil Service Board having, even the authority
to issue rules about job descriptions or job classifications.
On the other hand, the Charter does require that the
City Manager make all appointments and fix all salaries.
And the purpose of eliminating the definition; is to assure
that the Charter responsibility which vests in the. City
Manager, will be exercised by him rather than by the Civil
Service Board because the Board has never had any more than
a recommendatory authority, in the first place. They make
recommendations to the City Manager on job descriptions
and classifications. They do not make decisions.`
The
basic purpose then, is to meet the objection of the Justice
Department.
Mr. Teems: Mr. Mayor, I totally, totally disagree with that
statement. Absolutely, totally. Let me read you from the,
Charter. He said that no where does it appear in the
Charter. Let me read you from the Charter. I'll read it
again.I read it before. The Board, subject to the approval
of the Commission, not the manager, the Commission, shall
adopt, amend and enforce a code rules and regulations
providing for appointment and employment in all positions
in the classified service. Based on merit, efficiency,
character and industry and shall have the force and effect
of law. Now, if that's not explicit, I don't know what is.
Down further, it says the Chief Examiner, who is a Board
member, shall provide examinations in accordance with the
regulations of the board and maintain list of eligibles
from each class of the service of those meeting the
requirements of said regulations. Now, that's not the
Civil Service Rules, that's the Charter of the City of Miami
that he just said had nothing...you know, didn't specify
what they are.
Mr. Krause: And that Charter does not speak to creating
job classifications or job specifications.
Mr. Teems: That'sexactly what those
do.
Mr. Krause: They speak to the employment
covered even by the proposed rules.
Mr. Plummer: All right, what is the next item?
Mayor Ferre: All right. Where do we stand on any;of
these changes? Mr. Bond, do you want to make any further
statements for the record?
Mr. Bond: Mr. Mayor, I'm not sure what's more expeditious.
To have us respond to the unions or have them respond to us.
I think if the Board, if the Commission understands which
issues they...the unions have problems with and we respond
to those, it may save you some time.
33
MK
MM
MM
mm
ist
JUL 2 41979
Mayor Ferre: Well, my attitude simply is this. That we
are just going to proceed along. And if somebody has any
objections, and I think they've got to state theminto
the record, as members of the Commission. Otherwise,
we'll go just section by section either discussing the
areas that have been omitted or the areas that have been
changed and see if there is any consensus for any of
these changes. As far as I'm concerned, you know, you put
then into the record and the Commission wants to respond,
they are welcome to respond.
Mr. Plummer: Well, Mr. Mayor, let me just speak to that
point. I have not, in any way, tried to interject during
these discussions. My feeling...
Mayor Ferre: I'll recognize you, J.L.
Mr. Plummer: Except a very bottom line discussion:and that
is what I` said before, briefly I am totally opposed 'to any
change until a' manual of rules and 'regulations have' been'
set up so. that we can see what is the responsibility -of
the Department` of Human Resources and know what the, -difference
is.
Mayor Ferre: Mr. Plummer, the Chair rules that we will go
one section at a time. You are perfectly welcome, to make
any observations or make any motions to change anything that
you want. Furthermore, at the end of the process, I will
again' recognize you if you want to make any further motions
to change any article in particular. And furthermore,
after you've done that, or even before that, if you wish,'
I, will also recognize any member of the CornmissiOfl to make
any motions as to intent, to table, to delay, to change,
to request, to require. Anything you, want. It's completely
open for any motions that you want dealing with any of the
subject before us. What we are trying to do is we are
trying to go in a reasonable way, section by section, so we
can discuss it as it was requested previously. Line by line,
item' by item until we can conclude that. Hopefully, we'll
do that sometime today and then bring this up for second
reading, and final reading and adopt it. Now, if you in
the meantime, can muster up the votes, or anybody on this
CoinlriissiOfl, to challenge it or to defeat it, or to amendit
or to change it, I'll...the Chair will recognize you at any
time that you want.
Mr. Plummer: Well, Mr. Mayor, I will abide by the ruling
of the Chair and not challenge at this time. I will, once
again, reiteriate, that,I think the concept which is being
proposed is totally wrong. And until such time as some other
concept is considered, that which I namely brought out before,
I don't see how anybody could intelligently have an opposing
view until such time as the method of which way we are going
now. If I feel the consensus of the ...of the Commission
at the present time, it seems to be that these are etched
somewhat etched in stone. I've heard not one objection
from any Commissioner. So I have to assume that the majority
feel that these are etched in stone. I. personally, will once
again, I think the concept is wrong. It will not work.
You are fooling yourself. And until you get, what I feel,
is a proper concept I think that there is no other way we
can do it Just go ahead...
Mayor Ferre: A11 right. Mr. Plummer,, we're repeating
ourselves. And I don't want to repeatmyself now but if
you want, I will. And I'll recognize you for any motion
34
•t •
JUL 241919
at any time, for any purposes dealing with the subject.
Mr. Plummer: Fine.`
Father Gibson: Mr. Mayor, may I'` ask a question?
Mayor Ferre: Yes, sir Father.;
Father Gibson: J. L.
Mr. Plummer: Yes, sir.
Father Gibson: It would seem. to :me that as you take each,
itetn it's fresh in your mind and you know. But, if you
wait tillthe end to take up 18,: 19items, I don't know
whether or not you will address the issue. I...1 would
think from all : indications, we ought to take each i.tEn that
we take while it's fresh...
ve been doing
that.
Mayor Ferre: Well I assumed that we'
I made it very clear...
Father Gibson: I understood that any objectionswe have
to an item, while it was fresh,we.have discussed it, you
ought to take care of " that item right there ; sand " then.
Mayor Ferre: But Father, I don't want to...because this
obviously` a very iinportant point in our City history, and
I"don't want to in any way preclude anybody after, to
say all right, well I want to go back to 1.1a and change
that. So anybody...what I'm saying is, I hope that you
would...that we would do it one paragraph at a time. But
I will not preclude anybody at the end of this process to
say, all right, I want to start all over again and go to
1.2. Provided, however that it is not done with the intention
of delay.
Father Gibson: Mr. Mayor, I want to agree with you. I..I..
assumed that would happen.
But you know, if you don't take it item by item...
Mayor Ferre: I agree with that.
Father Gibson: What's going to happen is, you know, we're
going to get a conglomerate of things and nothing is going
to be str.aightened out. One of the reasons...backup. I
assured you,sir..you, sir stand to the mike, I want this
for the record. No, no that gentleman there. I assured
the union that we would have a particular day set aside.
Isn't that right? And that you, the union, would have all
the input and you could defend your position. Isn't that
right?
.k.
Mr.; A.G. Sherman Yes, sir. That's why we're here today.
Father Gibson: And that's exactly why we are here. Now,
if,'you...if your position is better than there's,I want to
hear it. And if it is...you know, since I -;have to vote.
I>don't know about anybody else. Theodore Gibson is going
to vote his convictions. And, you know, I want you to
tell. me. That's what I want to hear. Now, later on if'I
have to take 18 items and you know, throw them around
(REST OF COMMENT INAUDIBLE)
Mayor Ferre: All right. Lets proceed then.
as 1 understand it, at 2.3. Is that correct?
ist
JUL' 2 41979
ist
Mr. Teems: Well,
Mayor Ferre: 2.1.
not quite,,
sir. 2.1...
All right.
an
Mr. Teems: What was left out is the board shall appoint
Executive Secretary who shall serve as the Director of
Personnel. And, you know, what they've done is really
given most of the duties of the Executive Secretary to
the Director of Human Resources who is responsible to the
Manager and not the Commission.
Mayor Ferre: Well, as I understand 2.1, lets read it.
Immediately after appointment the board shall select one
of its members, Chairman. You don't have any problem with
that. Then elect one of its members to serve as Chief
Examiner, Secretary. No problem with that, I assume. And:
the board shall next appoint an Executive Secretary., I
don't think there's any problem. Any 3 members of the
board shall constitute a quorum .I don't think there's
any problem with that, is there? Selection of the Chairman
Chief Examiner -Secretary, and Executive Secretary, shall
be by majority vote of the board members present, period.
That's the end of the paragraph. Now, where's your
objection..
Mr. Teems: They left out that the board shall appoint
an Executive. Secretary who shall serve as the Director
of Personnel.
Mr. Krause: It is covered in the following_ paragraph,:2.2
which says in the .`last sentence, he shall be ex-officio. .
Mayor Ferre: He or she?
Mr. Krause:
Mayor Ferre:
Pardon me?
she?
Mr. Krause: He_or,she, I'm sorry.. He or she shall be
ex-officio,. Director of Personnel for purposes of Section
65 of the City Charter.. Which are the only purposeS for
which the Executive Secretary has ever acted as -Director. -
of Personnel. That ;is the'Section :'of the Charter ' which
refers to issuing, subpoenas for people' to attend hearings
of the Civil Service Board
Mr..Teems Under 2.2 my comments on.it;are, you know,-'
this change onlyserves'to cloud the fact that the Executive
Secretary only acts as Chairman of'the Civil Service -Board,
whose only function left is to hear grievances of employees.
Mayor Ferre::
He
or
Precisely.
Mr. Krause: There .that's not the only function that is
left. There are investigative functions. There are
provisions in this Charter...in this ordinance that do not
now exist concerning investigation and prosecution of fraud
in the selection process. Determining policy, reviewing
actions of the Director of Human Resources There are
a number of additional functions that the board would continue
to exercise. Including the rule making function.
Mr. Teems: That's my whole point, Mr. Mayor. You know...
they...in the end, they give all these functions, you know
if they know there is something wrong. But the point is
the Board will never know there is anything wrong. .Because
everything is in the Director of Human Resources and he's
not responsible to the board, or the Commission.
36
Y;;
Mayor Ferre: Don, I think we all fully understand what the
impact o£ this whole thing is. And the point simply, frommy
personal point of view and I don't think there is any secret.
I've been making this statement now for 10 years. I do
not think that the Civil Service Board should act as judge,
jury, advocate and prosecutor. It is my opinion, that the
purpose of Civil Service is very specific. It's been exapanded
by tradition beyond 1936, when it was established. Now,
there are those on this:. Commission who disagree with me on
that. Fine. I happen to think that going back to the
Booze Allen Report, that they reported and we accepted and
adopted a philosophy of how this was going to be done. And
I`. think that after 4 or 5 years of struggling with this darn
thing, we are finally beginning to get, to what I call is a
watershed point. Which is hopefully, today. And this is
going to be the Weber...the Weber decision day for the
City of Miami. And we can move ahead with affirmativeaction
without the`type of institutionalized roadblocks that we've
had in the past because of the structure. Now, I just happen.
to believe that. Now, you know we can repeat it over, and
over, and over, and over, and over again. And, I think it's
just a question of philosophy. We're down to this and I
don't know what the majority of this Commission is going to
rule on, but lets move along.
Mr. Klausner: Mr. Mayor, I think it's important to respono.
to your last statement, in 2 respects. If you feel that the
Charteris outdated, change it the,way it's supposed to be
changed. By vote of the people. And secondly, asto the
Weber decision, one of the most important things in that
case is that the Supreme Court said, it's very important
to note that there's no state action here. Which meant
there was no_ governmental body in there telling, someone
what to do. It's where a union sat down with an employer-_
and made a decision. And what happened, is that Bryan Weber
was dissatisfied with the way his union handled it. And,
not only did he file a Title VII action, but he was suing.
his union for failing to fairly represent him at the
bargaining table. That's what that case was about.
Mayor Ferre: .I think the point here is that from what...'
everything that I have been able to see, and read and hear,
what we are doing in changing these Civil Service Rules is
the bare minimum.' The very, very bare minimum. If you
compare what we are trying to do here with what's been dor.
in 38 states in the union, and about 90% of the cities,
the City of Miami is 20 years behind times. It isn't that
we're a year or 2 or 5. It's what we're talking about has
been changed in most American cities 10 years ago.
And we're still arguing about little insignificant things
and resisting them in every single comma, and period and
paragraph, and sentence when these are matters that are
absolutely basic to affirmative action and that I frankly,
as. a Mayor of the City of Miami must admit that I am
ashamed. I feel shame. I feel shame. That's the word
that I want to use emphatically. As to our lack of
progress in something that is as basic to this City as
anything that we are building or doing. And I just will
not be a part of it anymore period.
Mr.'Klausner: Mr. Mayor, the assumption seems to be made
that because the unions are opposed to these particular
changes and the way that they are written, that they are
the bad guys. That they don't like affirmative action.
Mayor Ferre: No, you're not the bad guy. I'm not saying
ist
3'7
401. 2 41919
you're the bad guy. You are representing your constituency."
1 do not blame the unions for their position. Theyused
to not have ...the employees of the City of Miami didn't.
use to have representation in a proper form. So, Civil
Service became the alternative to union representation. Now
you have unions. That's teriffic. I'm all in favor of
that. But now you want to keep unions and you also want
to keep Civil Service Rules and Civil Service procedures to
protect the interest of the employees. And what I'm saying
is, you can't have everything. You've got the unions and
a bargaining process. That's the way to do it. And as far
as I'm concerned, what we are trying to do here is trying,
for the first time in 44 years, for the first time in 44
years, change these rules so that we could proceed with
enlightened administration and enlightened affirmative
action...=Now,. you disagree with that. I understand. We
don't need to go over this .you know, this is about the
loth time that I've made this statement.
Mr. Klausner: I understand that, Mr. Mayor. But the point
is this. The point is you don't shoot the Civil Service
Board because you don't think that the policies which it's
using are, good. The vehicle...if you want to discard the
vehicle you have to change the Charter. That's the simple
truth. You don'tgive it to one person who may...Mr. -Krause
or whomever occupies that chair, may do a worse job.
Maybe...
Mayor Ferre: Counselor, I expect if this thing passes_
that we 'i1 see you in court.
Mr. Klausner: Mr. Mayor, we're trying to save the City,
and the taxpayers, and my constituency that money and that
time. That's why I'Zn, here. Mr. Mayor...
Mayor Ferre: If that's the, case, how come you have sued
theCity of Miami in every single move that we've made;
in the past 5 years. You've taken us to court at least
a dozen times. Now, that's a hell of a way to show good
faith.
Mr. Klausner: Mr. Mayor, what You're saying then is that
the F.O.P. feels it's wronged,it's wronged by the City,
that it would be good faith to roll over and play. dead.
And that isn't good faith.
Mayor F :re Counselor, the F.O.P., with all due respects,
has fought everything that wasa change in theway we went
around about affirmative action was wrong. You know, and
lets just move along. Lets not get bogged down in a
philosophical exchange here.
Mr. Teems: Wait a minute._ You know I'm speaking for the
Fire Fighters, Mr. mayor. And Probably a lot of other
employee groups besides the F.Q.P. You keep targeting
the F.O.P. And you. know, what you're saying •is in fact,
Mr. Knox said it the last ;;time uphere. We're going to
throw the baby out with the bath water. And, you know,
we can't buy that...
Mayor
Ferre: The °bottom...
Mr. Teems: And you're putting` us in the position ,:Mr.:Mayor,
of having to take the same position that other employee
groups in the City have taken just to try to survive.
Mayor Ferre:
Don,
that's your position. You're entitled to
st
38
JUL Z4 9979
it and ,I'm entitled",
o"'mine.
Mr. Teems: But you're making' us get in that position.
And I'm telling you, and I've told you time and time again,
we tried to negotiate them at...we tried to negotiate
Civil Service changes at the table. No!
Mayor Ferre: Look, you have your position. I have mine.
The fact is that when I became a City of Miami Commissioner
in August of 1967 there were 89 black; policemen Today,
today in July 24th,'�1979,. there are 80 black policemen.
And I don't'`need to' go much beyond that period. That's it.
Mr. Teems: No, sir. And I'll totally agree. with you.
totally agree agree with you there.
O.k.. And I'll tell you
why, if you-want_to' hear why,_Why:is;because we'Ve got
between 100 and 150 less police positions` in the last 3 or
4;_years. In the Fire Department, between 75 and 100 less
positions...
Mayor Ferre: That's part of it._ O.k. Could we move..
Mr. Teems And so we haven't been hiring.
Mayor Ferre: O.k.' Lets. move along.
Mr. Teems: Now, that's` an administrative problem.
where were we l•L•
Mayor` Ferre: Can we now' get to 2
Or are we through with:2.2?'
I. sorry to deviate, but fo
Mr. Plummer: Mr..Mayor, may
rett obvious we're not going to be
one minute. It's�_�p Y,
finished this in the next couple ofhours. Would you likewise,
have a rulinfrom the; chair,, in your great wisdom as to,:
9:
can,, we today please eat lunch.
Would you like to break on
Or would**
Mayor Ferre:
acceptable.
Mr. Plummer: I'd like to,`if it's -;agreeable, with everybody
to break at 12. If thats, possible. I don't see - us
concluding rapidly upon.. this. And I think...
Mayor Ferre: Well, the agenda, as I recall it this morning,
had >some people cominghere at, noon and that's Reverend
W. 'H Kirtley...
Mr. Plummer:
hungry too.
Mayor Ferre: But the agenda was .that -he would be here at
noon. Now, that's all right With me. And we also have the,
ordinance by substituting, new fees for building and
plumbing electrical ,,boiler, etc.
Mr. Plummer: I think that's housekeeping.
Mayor Ferre: That's housekeeping, yes. All right, well:,
have no:ojections, J. L. If you want to break at noon."
Is anybody here who,was scheduled to be here at noon.
Reverend, do you have any problems with that?
Reverend Kirtley: Mr. Mayor,_I do have another appointment,
and a late one. And I need to get there as close to 5 o'clock
as'I possibly can.
39
1st
JUL 2 41971
Mayor Ferre: You need to do what, sir?
Reverend Kirtley: Beg your pardon.
Mayor Ferre: I didn't hear that.
Mr. Plummer: He needs to be` in Lakeland at 5.
Reverend Kirtley: I have an appointment in„ Lake land,:.that
close: to 5 o'clock. They are holding another. meeting and
waiting for me to get there. If I could get on as soon
as possible,,,I could make my presentation. I don't know
that'.it will break into what youare doing."
Mayor` Ferre:. Well, I'm afraid.. .you see, we're right smack
in the middle. of trying to get '-the rules ofthe Civil Service
which really impact everything that' affirmative action...
and I hate to: stop, doing that to start doing something else.
.Even though What you know, you're involved in is very.
important. But I'll do -whatever the majority, of this Commission
wants to .do.
Mr. Teems:; Mr. Mayor, may suggest, why don't we hear him
because...
Mayor Ferre: Yea, I know,' you'd like to hear him. And,I
understand: and I don't blame you, Don. But we re not, going
to stall.
Mr. Teems: You're right. You're right`. Because I.'d like
to speak in favor of what he's going to recommend to you, sir.
Reverend Kirtley: Mr. Mayor, I don't want to get caught in
the middle playing games.
No, there are no games played here, Reverend.
Mayor Ferre:
Reverend Kirtley: All right, I'm not.. L'rn not going to be
speaking particularly to the Civil Service situation today.
And and 1 know how important it is to the City.
Mayor Ferre: See, what...let me tell you my fear. My fear
is that 2, 3, 4 o'clock will come. Somebody is going to have
to leave. Mr. Bond has to catch a plane to go back to
Martha's Vineyard. And then all of a sudden, you know,
somebody is going to say well, we shouldn't be rushed into.
this. It's much too important. And therefore...but I
can't meet tomorrow or Wednesday or Friday. And I can't
really meet for this month and the next thing you know,
we're into September and we're still...you know, this is
what's been going on now for 11 years. And I think we need
to get on and get this thing finished and hopefully vote on
it today on second reading and get it over with.
Reverend Kirtley: It's ininense1y important to the Affirmative
Action Advisory Board that that be done, sir. And I am
perfectly willing, if it meets with you're pleasure, to come.
back at another time and present the report of the
AffirmativeAction Advisory Board
Mrs. Gordon: I would like to hear his report today.:
think his report might have a bearing on my decision.
I would like very much to have your. report.
Mayor Ferre: I will stand corrected by the majority of this
Commission. Unless somebody corrects me „'my...my decision
of the Chair is that we continue through the reading of
1
list
40
.1u� 2 4Ma
fi
it
point by point of the rules that weare in the, midst of until
we conclude it and vote upon it. Now, if somebody wants to
overrule that. please make a motion and I'll recognize it.
Mr. Plummer: Is it your intent, Mr..'Mayor, ,indoing such
that you exclude any input from Affirmative Action until
that point? Or disucssion about Affirmative Action Board?
Mayor Ferre: Well, yes
I' will be...
it would be my intent to do that.
Mr. must challenge the ruling of the chair.
Mayor Ferre: Fine,` then I would be perfectly willing to
accept the motion that we stop the readingof the rules...
Mr.
Plummer:
Then I
Plummer: No, no. That was not my motion, Mr. Mayor.
Mrs. Gordon: You don't need a motion to that effect.
Mr. Plummer: My motion is,.my motion Mr. Mayor, would be
challenging the ruling of the Chair excluding the inclusion
of the Affirmative Action Board for disucssion.
Mayor Ferre: J. L., I have no problems with including
everybody's discussion. Including the Affirmative Action
Board's report. Ihowever, what I -don't want to do is
to get into another situation of being stalled again. Of
saying, well, you see you're trying to rush through this.
It's much too important. We shouldn't. We should have
a;special Commission day when we are going to hear that
and we're going to do this. And we've been doing this thing
now for years. But we have to hear from the C.R.B. because
they didn't quite understand. And then, so now we have
Murphy coming here. Oh, but we have to hear from so and so
because that wasn't quite clear. And I want Squire Padgett
here to answer. I want him here in person. All right,
so we have to wait for Squire Padgett. And when Squire
Padgett gets here then you know, I want to hear what the
judge says. The judge, the judge hasn't ruled. The judge
hasn't said. The judge is going to. What's the rush.
Why are we being rushed into this thing. The judge is going
to rule in March. The judge will rule in March. There's
a hearing on March 23rd. By the first of April we will
know. Well the judge...well the judge didn't...well the jue.ge
says. Then we challenge it in court. Then one of the !unions
sues us and there's...there's a motion to enjoin this. And
then there is an appeal to the Supreme Court. And then :here
is this and then there is that. And the thing is that
months, April becomes May and May becomes June. And now
we're in the end of June. And pretty soon we are going 1:o
be in August and then we're in vacation. And then Septem'-Jr.
And then we have the budget hearings and we can't take it
up during budget hearings. It's too important. And then
the elections come. And that's an election issue. We're
going to challenge you to...at the electoral p...you know.
And now we are into December. And then we are starting the
whole thing over and over. We've been going like this for
years. I hope we can come to a conclusion on this important
watershed decision today.
Gordon: Mr....
Mrs. Linda Eads: Excuse m
1st
JUL 2 41979
name is Linda Eads, And, I'm one of the apointees on the
Affirmative Action Board. This is the second time I've
been here with Reverend Kirtley, who is the Chairperson.
I have taken leave'without pay'from my job today to spend
this morning in interpreting the Civil Service laws better
and to make a presentation with Reverend Kirtley...
Mayor Ferre: Miss Eads what time were you requested.
be here?
Mrs. Eads: I was requested to be here at noon. And I felt
that this issue of Civil Service was important enough for
me to,leave my job and respect the commitment that I made
to the; City of Miami to be here at 9 o'clock. Now that
was a personal` decision on my part. However, if we delay
us`again, that means that this afternoon is wasted.
Reverend Kirtley is not going to be able to make a presentation,
nor I.
Mayor Ferre: I have..
Mrs. Eads: And that means we come back
fourth time.
Mayor Ferre: I
you up at noon.
Mr.
Plummer:
third and a
revise my...the.:chairs ruling. I` will.take
Thank you. ` We are now on item 2.3.
What time ...then we'll break at 1?
Mayor Ferre: I don't know, you know.
was...this:'is on the agenda at noon.
noon. Duties of the Chief Examiner.
are we there?
Talk to her. She
I'll take it up at
All right. ;'Where.
Mr. Teems Do you want me .tojust.. do you=: want me to tell
you my complaints about it? Is that what you want Mr. Mayor?
Either way. Sure.
Mayor Fevre:
Mr.,Teems: All right. My contention is that it is a violation
of 638of the City Charter. Again, this rule is interpreting
the Charter in accordance with these rules instead of
interpreting these rules in accordance with the Charter.
They are reversing the procedure. They are interpreting the
Charter in accordance to these rules. And it's entirely
wrong. The Charter supercedes these rules. You are supposed
to interpret these rulesin accordance. to the Charter.
This interpretation in now way assures any compliance with
court decrees, federal selection guidelinesor grant programs.
Grant requirements or other.`. governing. regulations. In fact,
there will be no public hearing or any way to know whether
the City is in compliance or not.
Mayor Ferre: All right, do you want
Mr. Krause: Mr. Mayor and members of the Commission. This
is one of the key points made by the Justice Department in
the letter of April 17th. It was sent to the City last year.
In the letter, Squire Padgett said that in his judgment,
compliance with federal selection guidelines cannot be
achieved by a lay person, and then in quotes, "such as the
City's Chief Examiner." I discussed this point in great
detail with Mr. Knox, personally, on several occasions.
We were both aware of the fact that the Chief Examiner does
not and has not in the past, provided examinations. We
were aware of the fact that the Chief Examiner does not
and has not maintained lists of eligibles. Those are.
42
1st
JUL 2 41979
functions that have always been performed "by the Civil
Service staff. Some of them are now performed by the
Human Resources staff. We maintain the eligible registers
at the present time. Finaily, Mr. Knox concluded well
in the way to meet the objection of the Justice Department,:`
is to explain what the Charter means when it says the
Chief Examiner will provide exams and maintain lists It
means that he will do the same thing that he or she has
done in the past. That is assure that the work is done
by somebody else. In order to meet the objections, of the ''
Justice Department, somebody else will be the professional
staff in the Departnent of Human Resources, which has
already received appropriations from the City Commission
to do test validation work and to maintain personnel
records. As a matter of fact, thats one of the functions
assigned by Ordinance 8526 that created the "department.
To the best of my, knowledge, this makes little or no
change in the functions of the Chief Examiner, as that
position functions now and has functioned in the past.
Mr. Teems: Again, let me read you frorn the Charter. The,
Chief Examiner shall, the. Chief Examiner shall provide
examinations in accordance with regulations of the Board an
maintain list of eligibles from each class of the service
of those meeting the required...requirements of said
regulations. Positions in the classified service shall be
classified service shall be filled by him from such
eligible lists upon requisitions from, and after consultation
with the City Manager. As positions: as filled by the
employment officer...as positions are filled, the employment
officer shall certify the fact by proper and prescribed
form to the Director of Finance and the Director of the
Department; in which the vacancy exists. Now that's what it
spells out as far as the duties and responsibilities of the
Chief Examiner are. And, I agree that the Department of
Human Resources has been holding eligible lists. And I
think it's a violation of the Charter to do so.
Mr. Klausner: Mr. Mayor, in addition I'd like in essence,
to propose a alternative. Because I` think that's what
the Commission is looking for.
Mayor Ferrer All right
Mr. Klausner: Mr Mayor, you said the problem has been,
in youx years on the Commission, that it just doesn't happen
and you can't really point the finger, but it just doesn't
happen. If the problem is with testing, then hire the
professional staff, or require the Civil Service Board to
hire the professional staff. Our biggest complaint, and
I think it's obvious, is that the Board appointed by this
Commission by majority, and 2 memebers of whom are elected
by the employees, is going to be stripped of all its power.
And one person answerable only to the Manager will be
given all of it. If you want to change the vehicle, if
you want to change the rules and get down to the particular
details which are causing any discrimination, change those.
But don't kill the vehicle whereby the public can openly
participate. Don't strip the board of its power.
Mayor Ferre: I don't see that the public has openly
participated in any of our previous...what you mean is
that the employee's and the affected individuals
participate. Let me tell you...let me tell you something
about about the way our Charter functions. The Charter
says that the City of Miami Commission cannot fire the
Police Chief. Is that correct? We cannot get involved.
Let me tell you, when I came on this Commission I had
some very serious reservations about some things that
a
43
ist
were going on in that Police Department. I want you to
know and Iwas severly criticized for it, but for 2 or
3:days, we had full day sessions Everybody here; on. this
Commission remembers that. And i'll tell you, that
Police Chief lasted exactly one month after we, had those
sessions. I want to tell you something, that if that
man who sits there, whoever he is, if that man whoever
he is that serves that department isn't functioning, I
guarantee you that whoever is sitting here, if he's doing
his job and if not here, whoever is sitting in any of
these other 4 chairs, if they're not...if'they are doing
their job, is going to put that man on the rug in such a
way, that that man is not going to survive for more than a
month. If he's doing that bad a job. In the very same
way that the Fire...that the Police Chief didn't last
very long� when it was pointed out the type of things that
were going on in the Department. I didn't need any
memorandums of anwering questions as to what was going
on becasue it was so damn self evident that that man
didn't have any way of answering and he just left.
Mr. Klausner: Mr. Mayor, I have no reason to doubt your
good faith, but 4 members of this Commission are up for
election this year. What happens if none of the 4come
back. Where does that leave us? Our point is -that laws
exist beyond administrations in government...
Mayor Ferre: Precisely.
Mr. Klausner: And that's why you leave good, well written
laws to 'guide people. And because people change and
personalities change and points of view change,.you leave
a Law which is well written and fair to everyone.
Mayor Ferre: Counselor, Metropolitan Dade County and and...
Coral Gables don't even have a Civil Service system. They
have got an advisory board. There are cities around this
country that have regulations that are 10 times more, more
threatening to the unions position.' Now, you. know, I think
we can stay here all day. The : fact, if i ...and if you
want I'll put it to a vote right now, I think there is a
sense in this Commission to move along.; Now, come -up with
reasonable alternatives. Come up with recommendations
Please stop arguing philosophically. Lets get on with the
nitty-gritty. Lets get on with this job. It's going
be done. Believe me, it's going to be done.
Mr. Klausner: Mr. Mayor, with your permission, :I have a
trial beginning this afternoon. I' am going;. to have to leave
and another member of my firm will replace me. If I may
take 30 seconds more of the Commissions time, to close my
own comments; before the Commission..
Mayor Ferre: All right.
Mr. Klausner It's the position of the Fraternal Order o
Police that the Commission is moving in the right direction
by wantingaffirmative action. Perhaps the Fraternal
Order of Police may have been guilty of it in the past.
But I don't think that's the case now. The point is, that
these rules are not the vehicle. Good motives are getting
shroudedin a bad law. And weare, calling on the Commission
to exercise the courage to recognize a bad law. Keep
alive the good feeling but kill the bad law and have it
rewritten. Mr. Mayor, if you would have ordered us to sit
down on May 24th and come back today with the members of
the, City. Administration, we would have done it. We ask you'.
to tell us to do that today. If ,you tell us to come back
44
ist
_1111 e1+s11-
tir
in 10 days we'll be back in 10 days. But the point I'm
making is these rules as written, don't do the job for this
Commission. And it's only going to lead us deeper into
the quagmire which we've already been too long in.
Mayor Ferre: Bob, I want to,before you leave, just leave
you with this thought. You know, several members of the
unions have been to see me about the elections and support
and I feel this way and, that way. " ` My answers are very,
simple. I have always supported the employees in this
City for pay raises to the inth degree. Always, when
Dave Kennedy was here as Mayor. When Steve Clark. I
always voted for increases. I always voted for what I
thought was the best for the. employees." This is a matter
of principal. I.. -this is a matter that goes right down
to the very hardened guts of, what kind of acommunity and
what kind of a city we are going to be. What You are
asking me to do ' is, you're saying yes,youare going in the
right direction. But take themotor out of the car because
we've now...we are now over the hill andyou don't need the
motor anymore...We're going to coast in and if you have
a little bit of faith, if you have a little bit, of faith
in the good intentions of the unions, the police union that
you represent, you're going to see that things are going
to work out just nicely.; And I'm` afraid to tell you that,
youmay be right asfar as thishill is concerned, but
I don't think that what's left in the road to come is just
hills. It isn't all going to be downhill. We are going
to` have a lot "of hills that go up and
a lot of curves to.
get around. And without a motor, we aren'tgoing to do i
And I'm telling you that we need this motor andwe need
itbadly. And we've been needing it for the last 20 years
and I'm not about to turn back on the direction we're
going. And I'm only talking for myself.
Mr. Plummer: Well let me speak for J. L. Mr. Mayor,
let me tell you. I don't think, even though it's been
said that Rose and I are opposing these rule changes, I
don't think that there is one member sitting up here that
we're really that far apart. And I'll use your example,'
Mr. Mayor, of a motor. We've had a motor and it's tired.
And it needs rebuiding. And I think we are all in concurrence.
But you know, when you go and buy a car, you usually have
the choice of 3 or 4 different kinds of motors. It still
gets the car to the final destination. What we are faced
here with today, is no selection of any motors. Here's
the car. Take it as it is and it will get you there. You
don't have any choice. You don't have any alternatives..
Mr. Mayor,;I have and will continue to say, that there must
be alternatives because, in my estimation, this one which
is being alter. .which is being offered is not a viable,:.
workable, intelligent type of situation.
Mayor Ferrer All right, are there any further changes to
Rule 2.3. If not, it's noon and we will then'...when we
meet again on this, start up with 2.5. In the rneantime,
I will recognize...Reverend, are you still here? A11`right.
ReverendW. H. Kirtley, Chairman of the Affirmative Action
Advisory Board and Mrs. Linda Eads.
"JUL il 1°?9
Rev. W. H. Kirtley: Mr. Mayor and City Commissioners, I believe that I can
facilitate what we are doing if you will allow me to pass out some material.
Yvonne, would you give me a hand here? I'm going to -with your permission
supply everyone with the Affirmative Action Plan of the City of Miami also
with Ordinance No., 8725 that was adopted on November 10, 1977..I'm going
to refer to both of these, I'm going to do it quickly and if you will allow
me, sir, if we are not interrupted, I think you will understand what we are
communicating. It may be pertinent with respect to what you are talking
about to see what has happened with respect to the Affirmative Action Advisory
Board and where we are going so as soon as you have those before you then I'
will begin with the Report. This time you have a written Report from me that
you canrefer to. That is the ordinance. You should have threethings before
you. You should. have the City of Miami Affirmative Action Plan which is the
booklet, Mr. Mayor, that you have in your hand; you should also have a copy
of ordinance No. 8725; and you should also have a copy of my Report to you
which refers to both of these. I' will be isolating sentences and parts of
paragraphs. If you will turn to my Report I don't think you will need to refer
back to either one of those instruments but I wanted them before you.
Mr. Plummer: Excuse me, Reverend, it is policy here that if you have additional
copies that they be given to the media and they can go along with it and at this
point they are indicating that they don't have them.
Rev. Kirtley: Ail right, I -have a problem with that because I've only got one
left which is mine but I'll be glad to leave it with them when leave.
Mr. Plummer:
Rev. Kirtley.
Mr. Plummer.
Mayor Ferre:
Mr. Plummer:
Which one are you going to from first?
.Do you have another copy of. my Report?, Okay. I'm sorry,
Go ahead.
Did you get this cleared through the Department.of Human Resources?
copy of itwent t
Rev. Kirtley: ..a o
Mr. Plummer: Did you get it cleared through them?" Because under the present
ordinances it says you shall go through channels and'I just wanted to make sure,
that you did :comply.
Rev.`Kirtley: ,must confess
have them tell me what to say.
All 'right,on behalf, of the Affirniative Action Advisory Board ,of the,City'
of Miami I- comebefore you with the following concerns. ,refer -to ordinance
No. 8725 adopted on November 10, 1977. .I'm referring to,a sentence.- .that' is:in'
the middleof the introduction --of the Ordinance which states: "Providing "fors
the appointment of the City's Affirmative: Action Officer;as Executive Secretary
of the Board." We do not believe that the City's Affirmative Action Officer is.
serving in t'iis capacity as indeed she 'is not. We feel that.she should serve
as the, Executive Secretary of theAffirmative"=Action Board as stlpulated in the
ordinance. Going further down the introduction, I, refer to the sentences begin-
ning,in-the middle of a particular sentence and speakingof the City's Affirmative
Action Program: and the statement that the Affirmative, Action Advisory Board
should, and I_ quote, "providing for the review of Affirmative Action Plans for
the City of Miami providing for the submission of the Board's Report on the
plans to the Commission. We are not reporting to the.Commission and indeed as
this Ordinance goes on we are really prohibited from reporting directly to the
Commission.' Now, we seemed to have some misunderstanding about that last time
and: I'll try not to editorialize. These plans are to come through the Department
of Human Resources and the City Manager's office. We are not able at this time
or have been able to make such a Report, to the City Commission because we have
not had before us particular data, to review how the Affirmative Action Plan of
the City is progressing: Refer to page 2 now, paragraph 3 which reads as follows:
"Whereas, it is the intent of the Commission of the City of Miami to use aggres-
sive affirmative recruitment programs to reach_..".and this is underlined, by me,
"all groups of citizens of the City fairly and equally." I underlined that por-
tion because it is my feeling and the feeling of the Affirmative Action Advisory
Board that the recruitment program is predominantly in favor of those that are
not part of the City of Miami and proceeds more aggressively in advertising for
employment beyond the City and beyond the State. We ire:troubled about this.
to You :I did not
clear it with them nor did I
40
mh
JUL 2 419/9
Refer to page 2, paragraph 4, which states: "Whereas, it is the intent of the
Commission of the City of Miami to provide programs of upward mobility so that
all employees will have an opportunity to compete fairly for any position..."
it said 'any position'... "within the City for which they are qualified.
We
are not providing ladies and gentlemen, for upward mobility and we feel that
most of the higher echelon executive positions that are being filled by the.
City of Miami are being done so as a process of advertising, again, outside of.
the City and beyond the State of Florida.
Refer to page 3, Section 2, which reads: "The Board may hear or review
grievances and complaints concerning alleged discrimination in employment
and practices of the City only if....", now mark that 'if', I call your atten-
tion to the provisos, "where we are really not allowed to hearcomplaints of.
alleged discrimination unless these specifics are followed. A specific grievance
or complaint is referred by the Affirmative Action Officer to the Board. We'
agreed to this but I'm doubtful that it'll get to the Affirmative Action Officer.
The Board decides by a two thirds majority of those members present atvoting to
grant a hearing on a specific complaint or grievance. Now, the Affirmative
Action Advisory Board feels that this is a desire of the City Commission that
cannot adequately be fulfilled as long as the Affirmative Action Officer is
directly under the supervision and responsible to the Department of Human Re-
sources. Actually, we are unable to hear grievances from City employees because
they would find it difficult to make such complaints without there beings me
repercussion to their job. Frankly, this is a lack of clout regarding
func-
tion of the Affirmative Action Advisory Board.
I'll refer to page 4, Section 3, which reads: "The Board shall provide
advice and recommendations to the Department of Human Resources and 'i s " -tze hat's
a possessive 'its'- .."and it's Affirmative Action office."Let me at
the use of the word "its" would seem to indicate that the Affirmative Action Of-
fice directly belonged to the Department of Human, Resources and therefore has
no independent responsibility. Following the paragraph that reads: "...the Di-
rector of Human Resources or his or her designee shall represent the City Manager
in all matters of Affirmative Action and shall provide all staff support to
the
the.
Board including the Affirmative Action Officer...", which is re-emphasizing
statement that'I just made, the Affirmative Action Officer is not free to per-
form the responsibilities of that Office, in our opinion.
I'11- refer to Section 3-A, which reads: "Review and recommend to the
City Commission through the appropriate administrative channels the adoption of..
amendments and revisions to the City's Affirmative Action Program plan." This
clearly states that the City's Affirmative Action Advisory Board is not direct-
ly responsible to the City Commission but must respond through, and I quote,
"...appropriate administrative channels...", which means that we must first go
to the Head of the Department of Human Resources, then to the City Managers,
and if we are lucky, we may get our proposal presented to the City Commission...
Section 3(b), which reads: "Review employment policies and practices of
the City and make recommendations to the Department of Human Resources through
the Affirmative Action Office. Again, this is re-emphasizing that we do
not report directly to the City Commission, but that we go through the Depart-
ment of Human Resources. Section 3(c) which makes mention of a "Review of
specific complaints of alleged discrimination. And once more I must re-
emphasize the fact that we do not have the possibility or the opportunity of
reviewing cases of discrimination or problems in hiring procedures of the City
of Miami. The Affirmative Action Office cannot function as long as it is
directly and-r the Chief Employer, of the City of Miami. Section 3(b) reads:
"Recommend to the City Commission..", again, "through appropriate administrative
channels ordinances, resolutions and other proposals related to the Affirmative
Action program." Again, this re-emphasizes the fact that we do not have direct
access to those who have appointed us to serve on this Board or to the City Com-
mission as a whole.
Section 3(e), "Serve with the Affirmative Action Office and the Department t's
of Human Resources. as an instrument for informing the City Commission...
almost ironical- ..."City Departments and agencies and the public of the continuing
Affirmative Action Program and its proposals." We cannot do this without ade-
quate data. We are not able to get adequate data because the computer, supposedly,
is broken or is employed in other matters.
Section 3(f) -"Make recommendations or reports to the City Commission
directly in abnormal circumstances and for good and sufficient reason." Let
me emphasize that we are allowed to make Reports to the City Commission. How-
ever, in order to do so, there is a nebulous translation of what 'good and
sufficient reasons' are. The continuation of this statement, in brackets, reads
as follows -which, apparently, is a definition of what 'good and sufficient rea-
sons' are- that is, "...significant policy issues where the Administration dis-
agrees and refuses to transmit proposals to the Commission." That can happen
and may very well happen.
We, of the Affirmative Action Advisory Board feels that this restricts our
ability to function properly and in favor of the City.
m
mh
4'7
3111, 41919
I refer to page 5, Section 5, which says that the Affirmative Action Of-
ficer shall be the Executive Secretary of the Board. This has already been
mentionedonce as an introduction or preamble to the ordinance. Again, this
is not the way the situation is at present.
I refer to, page 6, Section A, which makes note of the fact that there must
be "the presence of eight members...", now, this is minor but it shows a problem
with the ordinance, there must be "...eight membersof the Board present to
constitute a quorum. In those instances where specific City Commissioners have
not appointed their appointee and our Board is diminished from a total of14
members down to 13, it seems to me that this is inappropriate for requiring
eight members to constitute a quorum. Let me suggest that this be changed to
read: "A majority plus one."
I'll refer to•page 7, section 11, which reads: "Under the authority of the
City Manager, the Affirmative Action Office shall work in direct coordination
with the Board and other City Boards and Departments in preparation, conduct,
review and implementation or the continuing Affirmative Action program." I
call your attention to the fact that this places the Affirmative Action Officer,
again, under the thumb of the City Manager. In effect, this is saying that the
City Manager is the one who makes the Affirmative Action decisions.
Mayor Ferre: That's right.
Rev. Kirtley: Continuing on page 7, Section 12, after mention is made of the
fact that the Affirmative Action Advisory. Board shall review any plan related
to the Affirmative Action program as prepared and submitted by the Affirmative
Action Officer. It further states that this review shall be conducted in meet-
ings open to the public and in full complaince with Florida` Statute Chapter 286,
"The Government and the Sunshine Law." But what it further says is that upon
completion of public hearings and review by the Board, the Board shall submit
to the Commission through the Human Resources Department, the City Manager, its
comments and recommendations concerning the Plan or modifications to the Plan.
Again, ladies and gentlemen, this means that we cannot directly submit our re-
commendations to the City Commission but that we must go through?. the Department
of Human Resources and the City Manager.
Page 8, Section 14, states:. "The Board shall review and make recommenda-
tions or comments annually or as directed by the City Commission concerning the
City's Affirmative Action Plan and Program. These comments and recommendations
shall be presented to the City Commission through appropriate administrative
channels...", which if;I understand correctly will mean through the Depart-
ment of. Human Resources and through the City Manager's office. It also states:
"After second regular Thursday Comxnission Meeting, in 'February of each year.."
I'm not sure you are all aware that that was in the ordinance. So far we have
not done this.
Let me now call your attention to the City"of, Miami Affirmative Action
Plan as printed January 1978, that is this. book...(INAUDIBLE`BACKGROUND COMMENT)`
I'm on page 7. Section 2, under the heading "Assignment of Responsibility".
It says under (e) -now, I'm referring to this book- "The Affirmative Action
Advisory Board will review the Affirmative Action Plan and will monitor and
provide and....";; -apparently that means 'make recommendations'- "on the im-
plementation of the Affirmative Action Plan." Now, that sounds rather...well,
I'm getting rLady to editorialize, excuse me. This does not specifically say
that we report to the Department' of Human Resources on this paragraph and we
feel that in order for Affirmative Action to be adequately reviewed we be in
the position of making recommendations directly to the City Commission.
I refer you to Section 2(j) in the same book which reads: "The Affirmative..
Action Advisory Board and the Director of Human Resources will provide advice,
recommendations and assistance to the Civil Service Board in order to assure
that the operation of the Civil Service System provide equal opportunity to
all employees` and applicants." We have no problem with this, other than the
fact that we feel that our Affirmative Action Officer should be liaisoned di
rectly with the. Civil Service Board.
I"refer to Section 7 under the headings"Classification -I'm referring to
number 4: "The Career Opportunity Program' has beenestablished to provide op-
portunity for regular and CETA employees with minimum qualifications who have:`.
demonstrated the potential for career advancement to enter into beginning of
higher level classified positions. We are not sure, because we do not, have
the report of the Affirmative Action' Plan, whether this is actually being done
or has actually .;been done. But the Affirmative Action Advisory Board is of
the opinion that there is not this "'upward mobility'.
Sectibaz .7.�(5) reads: "Paraprofessional classifications have been established
for the purpose, of transitioning employeesinto professional, administrative,'
48
°h
JUL 2 4197a
and supervisory positions." It is the opinion from the information that we have
available to us that paraprofessionals are not being escalated into administra-
tive and supervisory positions. These positions are often being filled by people
outside of the City and even outside of the State.
Section 8, under the heading: "Recruitment". "Job information arid
brochures will be prepared in the Spanish language to assist members of the
Latin community to obtain employment in City jobs." The rest of this section
under "Recruitment" all seems to imply 'local preference', which is only proper.
However, let me emphasize that, however, there appears to be preference given
to out-of-town and out-of-state applicants. We would choose to see more local
employees on the top, key positions.
Section 8, under the heading: "Selection: The Department of Human Resources
will establish an in-house training program for its staff in the area of test
validation, affirmative action and. Consent Decree compliance." We have received
no information to the effect that this .has ',been done. And are doubtful that it
is, or that it has been done. It hasn't been done in depth where any level of
employment has had the opportunity to learn about Affirmative Action.
Section 10, under the heading "Training and Development"; there are some
specific programs that are referred to. I call your attention to the Career
Development Program, the City of Miami Apprenticeship Program, the Tri-Cultural
Program, I'll read all of this. We do not. know if any of these plans are weing
in i d throuh. Page 10, Section 2(1),
� Trainingg Course training
in af-
firmative and if they have, been cart a ainin
says: "As part of the City's Supervisory
firmative action responsibilities for Supervisors in all Departmentswill be
given." Our question is, has this been done? . And if it has been done,
in what depth?
Number 2 reads: "A study will be conducted on women and minorities who
have not advanced the
those and counsel
. tra n n
ling`" I doubt if this has been done, and if it is, we have no report to that
Board.
pas
d int three years beyond the entry level category." Iof
reads: "Steps will be taken to assist in the upward mobility
bel eve.Yvonne has given some time to that but again, the end
ofthe
paragraph
---through .transfers, additional employees
i i g, promotional opportunities
Advisory
effect to the Affirmative Action visor y
Section 12, under the heading: "Reporting and record -keeping procedure in
compliance with U.S.A. vs. City of Miami - Consent Decree." I refer to the
second paragraph: "The Decree states that the Report will be made within ninety
days after the entry of the Decree, and the following June 30 and December 31
of each subsequent year during the term of this Decree." I didn't read this
as giving any latitude or giving any opinions. I think that it is required
of us to have that Report ready and submitted and available at the Affirmative
Action Office and this has not been done.
Section 13, under the heading: "Progress Report," and I think I need to
call attention to the entire Progress Report but I merely will
read
Rtheue as
lead-
ing paragraph "A semi-annual report will be prepared by the
Department with the assistance of the Affirmative Action Office for review
by the City Manager and submission to the City Commission and the Affirmative
Action Advisory Board. The report,will include data in the following format...
And it gives that format. This is the Report that we have not received, yet,
and this is the Report that is important for us to be able to determine whether
we are complying with the Consent Decree or whether we are following the City's
Affirmative. Action Plan.
Now, I'll not go through the rest of this Plan but I hope that you will
glance through it and I hope that you will read it. But I think you can see
that we have a communications problem and this is what I had hoped to ac-
complish, not only to show that we have a communications problem but to try
to solve it. We also have a problem with funding and I am submitting the
following suggestions to you for consideration with regards to funding so that
there can be workshops, seminars, training events for our Affirmative Action
officers for our Affirmative Action Assistant and under certain circumstances
some tuition refund for members of the Affirmative Action Advisory Board. We
feel that we would not need more than -and your Report reads- $5,000.00. I
think that is a fair minimum. We have a recommendation for as much as $14,000
I didn't write that in, I know how the budget is,
but somewhere between $5,000
and $14,000 per year should be allocated to be able to do the above -mentioned.
This Report is respectfully submitted ...let me additionally submit the follow-
ing suggestion, that should you consider having the Affirmative Action Office
separate and independent from Human Resources Department and functioning as
a dgetrfornsuchf Departmentfshould,bescone sideredtwhenuapprovingeyourr1979-80
budget
City budget this year. Thank you.
Mayor Ferre: Reverend, let me thank you for, really, an exceptionally detailed
oh
49
JUL 241979
and compiled statement. Obviously, you and others must have spent a lot of time
andI wanted to commend you for the thoroughness of the job and the completeness
of it. Did you prepare this? Or was this prepared by a group of people, or...?
Rev. Kirtley: This is my statement that is a product of the meetings of the Af-
firmative Action Advisory Board over the period of time since they were first
organized, well, I came aboard about two months after it was organized, and this
is a product of the concerns that have been expressed by that Board over this period
of time and the frustrations that we have felt.
Mayor Ferre: Thank you.
Mr. Lacasa: Reverend, I'm really impressed with this Report and I think that it
touches with many of the concerns that 1 personally have concerning this problem.
I would: like to know how do; the unions feal about this Report.
Mr. Don Teems: Commissioner Lacasa, Don Teems, President of the Miami Associa-
tion of Firefighters: I fully concur with the separation of the Affirmative Action
Board ._from the Human Resources' Department. I've sat in their meetings before;.
:
and have watched the frustrations, the-dead-ends...they can't get anywhere, it's,
frustrating. People are quiting from the Board because they can't get 'anywhere
They are' just totally frustrated and if ,your Affirmative. Action Program is in`,any
way proper- it with that Affirmative Action Board.
Mr. Lacasa: Thank you.
Mr. Tony Corbo: Tony Corbo, from AFSCME, I'd like to concur with Mr. Teems. 1
think it reiterateswhatCommissioner Plummer has been talking about all morning
long, that there are different pieces out there that we are now looking at. We..
are now looking at these rules in a vacuum, and obviously the Affirmative Action
Advisory Board has been trying to operate out there and really hadn't had the
latitude to deal with the problems and you have also some of the concerns that.
Commissioner Plummer expressed in termsof rules that you ought to be aware of.
before these Civil Service Rules are changed at all. Thank you.
Mayor Ferre:
Ms. . Eads: Thank you, Mr. Mayor, Commissioners, just "to` reiterate "in a quick
recap that our concerns are that we are not being provided current and relevant
information of statistical information, that we must improve our lines of "com-
munications directly with the Commission, with our community at large, and
especially the City employees, may it be through grievance procedures or such.
We alsoexpress a need to be included in your budgetary resources.We need
money in order to operate effectively, and at this point I'd like to suggest
a two: part program, that being staff' Development or In -House Program that
would create an awareness for cultural and ethnic issues within our City work-
force. We feel that we can provide workshop seminars for 600 to 800 people,
ranging from top management to our front line employees, to make them more aware
of the issues within our community, the needs within our multi -ethnic community.
This is an urban society, we cannot pretend that the needs of this community.
are not there. It might be our Police force, our firefighters, our sanitation
collectors, we need to have workshops to create an awareness of the problems
that are out in the community that relate to cultural and ethnic differences.
In addition, we would like to provide moneys for training of Affirmative Action
Board members to update their knowledge, to update the knowledge of the Af-
firmative Action Officer. We would again like to suggest Task Development Pro-
grams that relate to management training. What do you have in the City of Miami
that assesses the potential of your employees? You asked specifically, at the
last Commission meeting, Mr. Mayor, haw do we get minorities in the System. I
suggest to you, sir, that we do have minorities in our system in the City but
we need to develop their abilities, we do not want to promote incompetent people
We need to develop the abilities of those who have aspirations to stay within the
City. We do not feel that we have to go outside of the community constantly to
get who we need to fill the job. We would like to design entry level, mid level
and upper level management programs, perhaps you could piggy -bag on some of the
existing programs within our community,' shared expenses, one could very likely
be Southern Bell, they have an expensive assessment center. There are Federal
Grants that are available. Could we ask that the Commission assist us in appoint-
ing someone to explore money, to write Federal grants for management training
programs. These are our issues and we are open for questions.
Mayor Ferre: Any questions of. Mrs.` Fads? All right, are there any other state-
ments with regards to the presentations just made? Did the Reverend leave? Oh,
All right, Ms. Eads, the Chair recognizes you at this time.
ID
mh
50
okay. Are there any questions, of either Me. Eads or Rev. Kirtley?
M
G d n• Mr. Mayor I don't have any questions, I just want to commend both
rs.oro ,
:,
ies. I think they have really been enlightening. They've covered the whole
gamut of things that we have felt and things that we have resented here and know-
ing that there has been a blame on other aspects of the City's workforce with
regards to the reasons why the so-called "affirmative action" has not beer. taking
place when the real problem, the real culprit has been the Manager and his ad-
ministration.
part.
Mayor Ferre:
Mr. Fosmoen:
Mr. Bond, do you want us to..
would like to make- soine comments.
And then we are going to break for lunch, hopefully,; and come back
Mayor Ferre: ':
and: start with 2.5.
Mr.
Jack Bond: Well, we can do it any way you'd like, Mr. Mayor,,..
want to respond now, or you
Mayor Ferre: No, I'll leave it up to you, if you
want to respond later, any way you'd like it.
Mr. Robert Krause: Mr. Mayor, members of the Commission, I'm going to make the
first comments because I'm the principal administrative staff member responsible
for this, program. With:respect to the ordinance itself. At the last meeting,
Rev. Kirtley commented to the; effect that the current ordinance was adopted
without his knowledge. I spoke to him yesterday about this on the telephone
because I've. prepared a' chronology for the City Manager at his request. The,
chronology indicates that the present ordinance was, first of all, drafted by
a drafting,committee consisting of the person who was then Chair person of the
Affirmative Action BoardMr. Bruce Thompson, and the person who was then Vice
Chair person` who was Marie Dollan. Those two members of the Board worked with
Yvonne SantaMaria, Bob Homan -from the City Manager's office, and myself. The
basic reason for the change was the fact that the Consent Decree had been issued
March 29, 1977 and all of us came, I think, fairly rapidly to the conclusion
that the ConsentDecreewould constitute 70%-80% of any affirmative action plan
that was put into effect by the City of Miami. The draft that was prepared by
the drafting committee was placed on the agenda of the Affirmative Action Ad-
visory Board at four different meetings during the course of 1977.noThose incschled lua d
the
May 4, June 15, July 20 and September 21, the only reason it was
month of August was that there were no meeting during the month of August. The
relationship of affirmative action to the personnel function was discussed in
Rev. Kirtley's statement. I think it's been discussed several times before this
Commission and several times before the Affirmative Action Advisory Board. I
would like to read very briefly from the memo that I submitted to the City Manager
late last week on the chronology. It indicates that on October 19, 1977, while
Mr. Bruce Thompson was still Chair person of the Board. I sent him a copy of a
letter that I'd received five days earlier from Mrs. Evelyn M. Idleson who was
then and still is the education programs' officer for the U.S. Equal Employment
Opportunities Commission. Her letter stated in part, -and this is commenting
on a paper that I had prepared at her request-, she says: "You made one point
which was reaf:'irmed by many participants in other jurisdictions and often is
confirmed by our review of programs which are effectively eliminating discrimina-
tory, non -job related practices and which are increasing employment opportunities
from those previously excluded or limited in public jobs. That is the need to
incorporate affirmative action as an essential part of the personnel process
rather than operating an affirmative action plan as an adjunct to the personnel
system. Only in this manner can the systemic.." -and she underlined the word
'systemic'- "...employment process which often operates to exclude unintentionally
process such as recruitment job analysis, job description, selection instrument,
re -development, promotion, upward mobility and related public training programs
be closely examined and monitored for adverse impact and job relatedness, then
effectively change and utilize to achieve equal employment as required by law."
That's the end of their quote, and then the next point in my memo says that:
"On November 15, 1978, I provided to member of the Affirmative Action Advisory
Board extracts from an address made October 31, 1978 by the Honorable Eleanor
Holmes Norton, Chair of the U.S. Equal Employment Opportunity Commission at an
employment conference. Chair Norton said in part, and I'm quoting one paragraph
from her speech: "In speaking here today I feel profoundly that I'm talking with
professionals in my field. Only artificial lines can be drawn today between
equal opportunity and the personnel management field. Your incoming President,
Robert Krause..." -and at this point she is quoting me-, "perhaps has said it
best when he said in one of his speeches, and I quote him: 'We do not consider
fah
51
JUL 2 41979
that. Affirmative Action is an adjunct to the personnel program. We consider that
affirmative action is the personnel program. Equal employment opportunities must
apply to all citizens. Affirmative action must be a part of everything we do
including preparation of personnel policies, job analyses, recruitment selection,
career°development, labor relations and all other elements of the personnel pro
gram." When we find the unions objecting to changes in the Civil Service RuleS
but supporting a plan that would separate affirmative action from the basic
personnel £unctions of the City government, I think what we see is a consistent
position of trying to resist change in affirmative action...
Mayor Ferre: That's exactly why Commissioner Lacasa asked the question.
Mr. Krause There are a few brief comments that I would like to make'on Rev:
Kirtley's memorandum and I
a point, of telling me -and
intended to be critical of
process.`. I think you are
of what'hetold me.
've discussed his memo with him yesterday. e
H made
I'll tell you in his presence- that his memo is not
me personally or of my role in the affirmative action
free to ask him whether that's an accurate reflection
(BACKGROUND COMMENT NOT PLACED ON THE PUBLIC RECORD).
Mayor Ferre: He is being critical I would assume and I'd like for him to answer
but let me just say that in my opinion you are critical of where the buck stops.
Now, as I remember, somebody around here always, says the buck stops here.
Mr. Plummer:
That's `right.
Mr. Krause: Additionally, Rev. Kirtley expressed` to me yesterday on' the telephone
his frustration at the: lack of progress and the apparent lack of concern for
affirmative`` action within the City government. I would like to point out that
two years ago, when we had these function separate, the City had no Affirmative
Action Plan in existence, it had no affirmative action` progress report, it had
nothing' resembling a workforce utilization analysis, in fact, it had none of the
tools that are customary in an affirmative action program. Dade:: County according
to its 1978 report and a May 30, 1979 memo by the County Manager, still has no
county -wide` affirmative action plan and no workforce utilization analysis. I
think that it's fair to say that this City has made some good progress in the
last two years. We've. developed, plans, reports and analyses. We've understood
what the problem is. What we need now are the tools that the revised Civil
Service Rules can provide, in order to make the plan work. I -guess the last com-
ment is` that I share the same sense' of frustration expressed by Rev. Kirtley.
I came ,to.Miami because I. believed that this City wanted and needed an affirmative
action program. I'm sure that that is still true but; I've also learned that change
that`I hope to be able to
does not come without continuingand consistent effort
provide to you:
(BACKGROUND
Mr. Krause:
to do that.
STATEMENT. NOT PLACED ON THE PUBLIC RECORD)
If you would like to address that point by point, yes, I'd be' glad '.
(BACKGROUND STATEMENT NOT PLACED ON THE PUBLIC RECORD
Mr. Krause: Point one, his memo, indicates that he does not believe that the
City's Affirmative Action Officer is serving in the; capacity as Executive
SecretarY of the Board. He and I discussed this, yesterday. Maybe it's a ques
tion of definition but ,the: 'Affirmative Action -Officer, in my judgment, is the'
Executive Secretary of the Board. She prepares. the Board's agendas, she prepares`
the .Board's minutes, she transmits reportsand information to the Board, she
participated with the, Chair person in preparing the report that Rev. Kirtley
presented to you today. .1: attend the Board meetings on a regular basis to provide
assistance or whatever kind of staff support that I can provide to the Board.
Originally, ',thought that my attendance might not be required on a regular basis
because we have. an Affirmative Action Officer but,I missed a meeting of the Board
some time last year because I.had.a conflicting meeting with Squire Padgett, some
of the members of .theBoardwere criticalof the fact thatI was not present so
I made it a point of attending all of the meetings since then, -the only one 1
missed was: back about two months ago when I had an,emergency dental appointment,
I broke a tooth and I had to go to the dentist.
Mr. Plummer: There are comments to say that the Reverend is incorrect on item`
Mr. Krause: There may be a misunderstanding....
52
mh
JUL 2 41979
e-
Mr. Plummer: On whose part?
Mr. Krause:_ On,.I,would guess'. either
Action Officer, one.or the other.
Mr. Plummer But Mr.,Krause,'you know, the man has made -a very simple statement
and I think itsdeserves a simple answer. :Now, is he right or is he -wrong? It's
just that°simple.
'f it needs to be that; simple, Commissioner, then,I believe'he
Mr. Plummer: All right,;_so,.w,e now. have"something to so from—
.
Mayor Fevre. :All right; we now,, are..going,to...I imagine, break. for lunch, unless
you want to continue on this for a. while and then we'll..pick.up where we left off.
Is there' anything else that needs to be said before we break?.
Mr. Plummer: Well, Mr. Mayor, it.would be my hope and desirethat we would
continue.;down, point by;`point, on these things. that have been brought forth'an
put forth an' this table and I think that these matters must be resolved. `
Mr. Krause:
wrong.
on Rev. Kirtley's part or the Affirmative
Rev. Gibson: Mr. Mayor, which things now.
Mr. Plummer: The statement by Rev. Kirtley, Father.
Rev. Gibson: :Mr.;Mayor, I would hope, as an orderly process, we've heard out
dcEerp.nce andcourtesy to Rev. Kirtley, his presentation and we've heard Ms.
Eads. I would hope that we get back to the main issue,::..
Mr. Plummer: Fine,
Rev. Gibson: ..and then, you know, let me brother go, because I, know how we are
we...wehave to get to Lakeland, you know, my brother, go doyourthing, we under-
stand.
Rev. Kirtley: Allow me, sir, to make this statement if I may.: Mr. Krause is
absolutely correct. I think he is doing a magnificent job as the head of the
Department of Human Resources. We have interpreted him in his role with the
Affirmative: Action Advisory Board, I say 'we' and perhaps I'm referring only
to me, but I don't think that;I am, as the ExecutiveSecretaryof the;. Board, but
you've asked where does the buck stop?, and where we feel the buck should stop
is with you ladies and; gentlemen, and that's what we are asking for. This is
what all of this is about. We are asking to report directly to you without having
to go througha lot. of talderal. We want you to know where affirmative action is,
we want the data to do our job,. we want your support, to say, okay, we are going
to give you appointees that are going to be dedicated, that are going to be com-
mitted to affirmative action and then we can get the job done, we can come to you
when we have a problem, that is what all of this is about, not to complain about
Mr. Krause's job. Now, let me tell you the way this ordinance would change,
now, I'm going to give it to you precisely the way it was done. We had a tweeting
soon after the City Manager came on board. Up until that point, under the previous
Chair person of the Affirmative Action Advisory Board, we were under the illusion
that we were going to have a separate Department. We thought that was the way
it was going to be. When our City Manager arrived he met with us shortly after
he came aboard. He informed us that that was not the way it was going to be and
all of the arguments, and all of the pleading and all of the begging, and all of
my sarcasm did nodamn good. He said -"I've spoken, ex cathedra..." or whatever
way he wanted to say it, the Pope has said its word and that's the way it's going
to be. Now, you all know who I'm after and who I'm complaining about, that's the
man.` Now, can I put it any plainer than that?
Mr. Plummer: The bow tie is fitting.
have noproblems with that.
Rev. Kirtley Thank you.
Mayor=Fevre: Please, let me commit myself as one person on. this Board to the
following.
Number one, I°think -you are entitled to have some funding whether..
it's;-$5,000-or$10,000 it's something we'll have to discuss. Number two,_I.
think that there has not been sufficient communications.
Mr. Plummer: Right.
53
JUL 2 4 a3i
Mayor Ferre: I_ accept the responsibility partially.:
also accuse all of you for not pursuing this in, a more
forceful manner. We have all kindsof people: that come
up;here and "demand to be heard. I've never said "no".
The Manager gets all upset with me because I continually
let people speak out of turn that are not part of the...
but I've yet, in six years, to deny somebody the
opportunity to talk. Even Ernie Fannotto, I sometimes
have to quiet ;him .down :and I'd sit hitn. down for a half an
hour or an hour but he has never finished the day here where
he hasn't said everything he wantedto say and , get it off`
his chest. And if Ernie Fannotto has that ability, believe
me, .Reverend, 'and of course...I forgot you, sir, Joel Jaffer
speaks on every' single issue that comes before the City
of Miami Commission and, you know, he isvery detailed.
Yesterday he was here with a pair of binoculars studying
facial expressions, and things like that, to make sure that.
nobody was getting overly ;nervous .or- paranoid or what
have you. So I think...
Reverend Kirtley: We -accept that, ,the responsibiltY. is also
upon us.
Mayor' Ferre: ..thereis always a forum hereAll right,
now, with regards to the question of the AffirinatiVe Action
Officer, I want to tell you where I' have a problem.
The. Charter is very, very specific. Now, at that point,
somebody. is .going to say, well, if you are willing to go
around the Charter for affirmative action in one way then
why aren't you willing to go around it :in another way'?
Well, for a simple reason, that I think that the
Affirmative Officer must, report to somebody specifically
that is dealing with these problems on a day-to-day basis.
Under our Charter there are only two ways to that, that I
know of One, is to the City Manager and the other is to the
City Attorney and there is no other alternatives.
Mr.'Plummer: ."I..disagree and here "is.where the problem
I think the, Affirmative" Action.Officer-dutifully should
report to the City Manager, but he is answerable to us.
Mayor Ferre: Well, immediately, you have an eminent
conflict.
Mr.Plummer I didn't say that.
Mayor Ferre:
Yes, you have
2 bosses.
Mr. Plummer: I didn't say that. You misunderstood. What.
I'm saying is that he should in fact, report to that'man
who is charged with the responsibility of the day-to-day
operation but is not his boss. In thesame way, Mr. Mayor...,
Mayor Ferre: You're talking. that the Affirrnative Action,
Office should report to the City Manager directly...
Mr. Plummer: Sure, sure. But is responsible to us "in
the same way that Civil Service...they are answerable to
US.
Mayor Ferre: Well, Mr Plummer
r1r.Plummer: They report to the City Manager all their.
actions...
Mayor Ferre: You said that Imisunderstood your, statement.
But I disagree. You repeated again and a lot, that was
what I heard for the first time. There is no way that
mh
54
JUL 2 41979
an Affirmative`Action Officer can report to the Manager
and be responsible to us...
Mr`. Plummer Why not?
Mayor;Ferrer. Because it is typically, humanly and total;
impossible..,Father Gibson."cannot report`to'the'Bishop
,and 'also -report to - the;Committee in Washington- that oversees
the affairs, of_. the:'Episcopal Church.::. There- is:.'no:`way `that_.:
'he can report"to"2-entities.'and;be,responsible ..to report;
• to'one.and be responsible to another,,;:you are responsible
o :Whoever' is;your boss.
Mr. Plummer:. Mr,. Mayor, let me say ,this. I am not well;
'versed in the;Episcopal Church.,but you know, let me tell ',
you something,. different. from the Catholics,"the Episcopal.
Church"operates on`.a,b;o;ard of deacons, am I right, Father?"
They are members of the church...
Father. Gibson
The vestry
Mr. Plummer: The vestry, I'm sorry for the terminology
but do you know who is the big boss when all the chips
are down?
The Bishop. Am I wrong, Father?
e has the last word.
Father Gibson:',
Mr. Plummer: You better believe it he has the last word.
(FATHER .-GIBSON'S COMMENTS'AND-COMMISSIONER PLUMMER'S;`.
COMMENTS OVERLAPPED AT THIS POINT OF THE DISCUSSION'RENDERING
THEIR STATEMENTS UNINTELLIGIBLE.)
Father Gibson: The Bishop can =only;:, dictate in a spiritual
manner. But when it gets to those other things the vestry
is the final word and: I always make ;sure that I have
the vestry on my side because the Bishop doesn'
t;pay me.
Mr. Plummer: Unfortunately,, people around here, aren't.
playing it that smart.;" All I'm saying is the ;Bishop:makes;
his theory when it comes to the.dictating." The Comma'ssion�
makes legislativeThe vestr o erates on a
;pollcy y p"
day-to-day, but who has the final word?'
Father Gibson: Let me say, I pointed out to all of you,
that one of the dangers of not having that Affirmative
Action report to us was that if we have an affirmative
action officer, remember the incident...read the record...
when that person: does not tango with the Manager, he can
fire him. - But ifshe will report and indicate
if she will report to thc Manager but was responsibile
to us, do you know what's going to happen. If the
Manager can't fireher she could.. alwaystell us what
was happening. That ' s what 1 was trying to get across
This way you don't know what's ,happening. Isn't that
right? Darn right.
55
IDh
JUL 24 19iR_
RESCHEDULING OF REGULAR /4.EETII'G FROM OCTOBER 20, 1979
2. TO OCTOBER 30th, 1979
Mayor Ferre: All right, we will now adjourn and come back
...Vince, before we break up, would want to make a statement
about...go ahead. Vince.
Mr. Grimm: Mr. Mayor and members of the Commission, could I
respectfully request that during your lunch hour, the,
City Commission decide, or think over a special meeting date.
after 'August 20th and before September l3th or the closer.to
the' 20th .of 'August the .better, to di sc uss, several;items , that
I would like to bring back before you regarding the Conference
Convention 'Center .`
•Mrs. Gordon: Did you say -:yesterday you wanted the 16.th?
•
Mr. Grimm: Yes, Ma'am, I did say that. I discussed this
with"�,Mr. 'Guandololast ht and " the 16th imposed -. on him a�
deadline he could not ;meet. I misunderstood him earlier.
Mayor Ferre: And Mr. Guandolo is the bond counsel?
Mr. Grimm: Yes, sir.
Mayor Ferre: And Mr. Gunadolo said that he would'. be ready
by the 20th?
Mr. Grimm: Yes, sir.
Mayor Ferre: Is that for sure?
Mr. Grimm: I hope it's for sure.
Mayor' Ferre: Well, you said it='s close to the 20th. Why do we
have to be close to the 20th?
Mr. Grimm: Well, he has all of the paperwork necessary
for the preparation `ofthe bond ordinances and the bond
validation procedures and whave several other,items The
20th twou1d,be:_the :earliest i't at; any date, between then and
the 1,3thwould be acceptable.
36
AFTER SOME DISCUSSION THE, CITY COMMISSION AGREED TO
RESCHEDULE THE REGULARLY SCHEDULED MEETING OF OCTOBER
20, 1979 TO TAKE PLACE ON OCTOBER 30, 1979, AT 2:00
O'CLOCK.
WHEREUPON THE CITY COMMISSION, WENT INTO LUNCH RECESS
RECONVENING AT`2:00 P.M. WITH ALL MEMBERS' -OF THE COMMISSION
FOUND TO BE PRESENT.
Mayor Ferre: We still have pending in the formal City Commission session on
Planning & Zoning that we adjourned yesterday to today. Now, I'll reconvene
that session and I'll take up item No. 2.
3. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
PARCEL SO. OF 36 ST. INTERCHANGE, on. OF CENTERLINE N.W.
37 ST., WEST OF 5 AVE. - FROM R-4 TO C-5.
Mayor Ferre: Take up item 2, on Second Reading. This .ordinance was proposed
on First Reading on June 26, Plummer moved it and Gibson seconded it. Is there
anybody here who is an objector?
Mr. Plummer: Mr. Mayor, I'm going to have to object for the record that there
was no announcement at last evening'S meetirig, at the conclusion at 1:20 in the
morning, that this matter would be continued and`I think the public has the
right...
Mayor Ferre: Plummer,_I said at the end of that -:meeting that we
the end of' the session' this morning.
Mr. Plummer: Oh, all right, then if that was
then I'll move' it again.
would do it at,
the case and it WAS on the record
Mayor Ferre: All right, is there anybody here who objects'.
second? Father, will you second it?
Rev. Gibson: Yes.
o it? zs"there a
Mayor Ferre: All right, Gibson moves." Read the ordinance, please.
CITY ATTORNEY READ THE TITLE OF THE ORDINANCE INTO THE PUBLIC RECORD)
Ferre: All r i ht further discussion on item 2?, Call the roll.
(ASSISTANT
Mayor
g ,.
AN ORDINANCE ENTITLED-`
AN ORDINANCE AMENDING ORDINANCENO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY`CHANGING THE ZONING
CLASSIFICATION OF THE REMAINING,PORTIONS OF LOTS 20, 21, 22,
23 & 24, BLOCK 49, OF BAY VISTA PARK AMD (5-71) LYING SOUTH
OF THE SE'LY RIGHT-OF-WAY OF THE 36TH STREET INTERCHANGE, AND
THAT PORTION NORTH OF THE CENTERLINE OF N.W. 37TH STREET ABUT-
TING THE SIDE STREET LOT LINE OF LOT 1, BLOCK 50, BAY VISTA
PARK AMD (5-71) INCLUDING SAID LOT 1, BEING PROPERTY LOCATED
SOUTH OF THE 36TH STREET INTERCHANGE, NORTH OF THE CENTERLINE
OF N.W. 37TH STREET AND WEST OF N.W. 5TH AVENUE, FROM R-4 (MEDIUM
DENSITY MULTIPLE) to C-5 (LIBERAL COMMERCIAL); AND BY MAKING THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF THE.
SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE
III, SECTION 2 THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS,'
OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PRO-
VISION.
Passed on its first reading by title at the meeting of June 26, 1979.
was- :taken up for its second and final reading"by title and adoption. On
motion of Commissioner Plummer, seconded`by Commissioner (Rev.). Gibson,, the
5[
JUL 2 41979
Ordinance was thereupon given its second and final reading by title and passed
and adopted, by the following vote:
AYES:
NOES:
ABSENT:
THE ORDINANCE
Commissioner (Rev.) Theodore R
Commissioner: Rose; Gordon*
Vice Mayor J.;L.'Plummer
Mayor Maurice A. Ferre
None.
Commissioner Armando Lacasa
WAS DESIGNATED ORDINANCE NO. 8974
Gibson
*NOTE: Commissioner. Gordon,
though' absent on ro11.call,
'later requested of.the Clerk
to'show hervoting with this
Motion.
The City Attorney read the Ordinance into the public record and announced
that copies were available to the members of the City Commission and to the
public.
4. CHANGE ZONING CLASSIFICATION - 129 S.W. 36 STREET FROM
R-2 to C-4.
Mayor Ferre: Take up item 3, on second reading.
Mr. Plummer: I move it.
Mayor Ferre: Plummer moves, Gibson seconds.
a second on item 3, read the ordinance.
All right, there is a motion and
(ASSISTANT. CITY ATTORNEY READS TITLE OF THE ORDINANCE INTO THE PUBLIC RECORD)
Mayor Ferre: " Call. the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY, CHANGING THE ZONING
CLASSIFICATION OF LOT 4, LESS THE SOUTHERLY 5 FEET THEREOF, BLOCK
5; KIRKLAND HIGHTS (3-214) BEING 129 S.W. 36th COURT FROM R-2 (TWO
FAMILY) TO C-4 (GENERAL COMMERCIAL), AND BY MAKING THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF THE SAID ORDINANCE
NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THERE-
OF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT; AND CONTAINING A SEVERABILITY PROVISION.
Passed on its first reading by title at the meeting of June 26, 1979,
was taken up for its second and final reading by title and. adoption. On
motion of Commissioner Plummer,seconded by Commissioner '(Rev.)Gibson, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES:
NOES:
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon*
Vice Mayor J. L. Plummer_
Mayor Maurice A. Ferre
NONE.
ABSENTS NONE
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8975
*NOTE: Commissioner Gordon,
though absent on roll call, later
requested of the Clerk.to'be shown
as voting with this motion.
The City Attorney read the Ordinance into the public record and announced
that copies were available to the members of the City Commission and to the
public.
mh
Jul 2 41g1g
5. CHANGE ZONING CLASSIFICATION: N.W. 54 STREET AND
15TH AVENUE FROM R-3A to C-5.
Mayor Ferre: Take up item No. 4. Moved by Plummer the last time,
by Lacasa, want to move it again?
Mr. Plummer: Yes, sir.
seconded
Mr. Lacasa: Second.
Mayor Ferre: Plummer moves, Lacasa seconds, readthe ordinance
(ASSISTANT CITY ATTORNEY READS TITLE OF THE ORDINANCE INTO THE PUBLIC RECORD;
Mayor Ferre: Ali right, call the roll.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF LOTS 5 THRU 12 INCLUSIVE, LESS THE NORTH TEN
FEET, BLOCK 1; FLORAL PARK FIRST AMD (8-5) BEING THE SOUTHEAST
CORNER OF THE INTERSECTION OF NORTHWEST 54 STREET AND 15TH AVENUE
FROM R-3A (LOW DENSITY APARTMENT) TO C-5 (LIBERAL COMMERCIAL) AND
BY,;MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A
PART 0? THE SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION
IN ARTICLE III, SECTION 2 THEREOF, BY REPEALING ALL ORDINANCES,
CODE SECTIONSOR PARTS THEREOF IN CONFLICT; AND CONTAINING A
SEVERABILITY PROVISION.
Passed on it6 Jirst reading by title at the Meeting ofa June
26, 190
was taken up for its second and final reading by title and
motion of Commissioner Plummer, seconded by Commissioner Lacasa, the Ordinance was
thereupon given its second and final reading 'by title and passed and
adopted by the following vote:
AYES:
NOES:
ABSENT:
Commissioner Armando Lacasa
Commissioner (REv.) Theodore R. Gibson
Commissioner Rose Gordon*
Vice Mayor J. L. Plummer
Ma;""r Maurice A. Ferre';.
NONE
NONE
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8976
The City Attorney read the Ordinance into the public csrecordnandoannouncedithat co-
pies were available to the members of the City
*NOTE: Commissioner Gordon,
though absent on roll call,
later requested of the Clerk,
to be shownas voting with -the.
Motion.
6. FIRST READING
ING CLASSIFICATION
N
.' CORNER W.2AVENUE& N WSOUTHRIVER DR
FROM R-1 TO W-I.
Items Nos.
Mayor Ferre: All right, we are now on item n by,on LandFNirvanaadlnc. to change
5 and 6 were previously passed). Applicatlo
zoning N.E. 1st corner and section of N.W. 22 Avenue and ...from R-1 to W-1.
59
JUL 2 41979
Mayor Ferre (cont'd): Planning recommended... the Department recommended approval`
and the Zoning Board recommends it unanimously. There were 20 proponents present,
and so on. ARe there any objectors to this item?
Rev. Gibson:
Move.
Mayor Ferre: Moved by Father Gibson..
Mr. Second.
Lacasa:
Mayor Ferre: ...seconded by Commissioner Lacasa.
roll.
Further discussion, call the
(ASSISTANT CITY ATTORNEY READS ON FIRST: READING TITLEOF THEORDINANCE)
Mayor Ferre:;11.-.right, call the roll.
AN ORDINANCE`ENTITLED-
AN ORDINANCE AMENDING ORDINANCE NO. 68.71, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI,.BY:CHANGING THE ZONING
CLASSIFICATION OF LOT 1, BLOCK'1, DURHAM'PARK (40-61), BEING THE
NORTHEASTERLY CORNER OF THEINTERSECTION--OF NORTHWEST 22ND AVENUE `.
AND NORTHWEST SOUTH RIVER DRIVE ,FROM R-1 (ONE FAMILY) to W-I
(WATERFRONT INDUSTRIAL)` AND BYi.MAKING THE NECESSARY CHANGES IN THE.:
ZONING DISTRICT MAP MADE>A PART.OF°THE SAID ORDINANCE NO. 6871 BY
REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY
REPEALING ALL ORDINANCES,; CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT; AND: CONTAININGA'SEVERABILITY PROVISION.
Was introduced by Commissioner: (Rev.)Gibson and seconded by Commissioner
Lacasa and passed on its first reading by title by the following vote:��.
AYES:
NOES:
Commissioner Rose Gordon*
Commissioner (Rev.) Theodore
Commissioner! Armando Lacasa
Vice Mayor J. L. Plummer, Jr.''
Mayor Maurice A. Ferre
None.
*NOTE: Commissioner Gordon, though
R. Gibson absent on roll call, later
requested of the Clerk to
show her as voting` her this
motion._
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
7. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
48-68 S.E. 4T1-1. STREET FROM C-3 TO PR.
Mayor Ferre: Items 8, 9, and 10 have been done. Item 11. (Mayor Ferre
describes the item). The Planning Advisory Board recommends 5 to 0, and on
B) recommended 5 to 0, okay? On First Reading, anybody wants to move that?
Mr. Fosmoen: It rezones Fort Dallas Park, next to Bauder Fashion College.
Mr. Plummer: Move
Rev. Gibson:
Mayor Ferre: All right, moved by Plummer, seconded by Gibson, 11(A)
ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPRE-
HENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE
ZONING CLASSIFICATION OF LOTS 17, 18 and 19, LESS RIGHT-OF-WAY
FT. DALLAS PARK AMD (4-85), BEING APPROXIMATELY 48-68 S.E. 4TH STREET,
FROM C-3 (CENTRAL COMMERCIAL) TO PR (PUBLIC PARK AND RECREATIONAL USE),
AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE
tall Alt 2 4 1979
A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION
IN ARTICLE III, SECTION 2,THEREOF; BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Gibson and passed on its first reading by title by the following vote:
ROLL CALL ON 11(A): * NOTE: Commissioner Gordon, though
AYES: Commissioner Rose Gordon*
Commissioner (Rev.) Theodore R. Gibsonabsent on roll call, later re
Commissioner Armando Lacasa quested of the Clerk to show her
Vice Mayor J. L. Plummer, Jr. as voting with this Motion.
Mayor Maurice A. Terre;.
NOES: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
S. GRANT PERMISSION TO CONSTRUCT AND OPERATE RECREATIONAL
FACILITIES AT APPROXIMATELY 48-68 S.E. 4TH STREET.
Mayor Ferre: All right, who moves 11(B)? It's a Resolution.
Mr. Plummer: Move it.
Mr. Lacasa: Second.
Mayor Ferre: Plummer moves, Lacasa seconds 11(B), call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 79-559
A RESOLUTION GRANTING PERMISSION TO CONSTRUCT AND OPERATE RE-
CREATIONAL FACILITIES ON LOTS 17, 18 AND 19, LESS RIGHT-OF-
WAY, FT. DALLAS PARK AMD (4-85), BEING APPROXIMATELY 48-68 S.E.
4TH STREET, PER ARTICLE XVIII-I PUBLIC PARK AND RECREATIONAL
USE - PR DISTRICT, SECTION 4 (1-3),ZONED C-3 (CENTRAL COMMERCIAL
PROPOSED TO BE REZONED PR (PUBLIC PARK AND RECREATIONAL USE);
PER PLAN ON FILE AND SUBJECT TO SITE AND DEVELOPMENT APPROVAL
BY THE PLANNING DEPARTMENT.
(Here follows body of resolution, omitted here and on file.
in, the Office of the City Clerk).
Upon being seconded by Commissioner;,Lacasa,
adopted by the following vote:
ROLL CALL`ON 11(b):
AYES: Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R.
Commissioner Rose Gordon*
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES:
None.
Gibson
the
resolution was; passed and
*NOTE: Commissioner Gordon,...?.
though absent on roll call,.
later requested of the Clerk.
to show her as voting with this
Motion.
mh
JUL 2.' %979
9. ACCEPT PLAT: "RIVERFRONT MARINA".
Mayor •Ferre: We are now on item 18. All right, is there a motion on
this Plat? Plat Committee recommends.
Mr. Plummer: Move.
Rev. Gibson: Second.
Mayo
its
r Ferre: Plummer moves, Gibson seconds, further discussion,
The' following resolution was introduced"by Commissioner;Plummer, wh•
o moved
adoption,:.
RESOLUTION NO. 79--560
A RESOLUTION ACCEPTING THE PLAT ENTITLED RIVERFRONT MARINA, A
SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS
SHOWN' ON SAID PLAT; AND AUTHORIZING AND` DIRECTING THE CITY MANAGER
AND. THE CITY CLERK' TO EXECUTE THE PLAT.
(Here followsbody of resolution, omitted here and
in the Office of the City Clerk).
Upon being seconded by Commissioner (Rev.)Gibson,
adoptedby the following vote:
AYES: Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor J. L. Plummer
Mayor Maurice A. Ferre
NOES:
None.
ABSENT: Commissioner Rose Gordon.
call
on file
the roll.
the resolution was passed and
10. ACCEPT PLAT: "FIRST ADDITION TO
MEDICAL CENTER".
Mayor Ferre: Yes, on 19....
Rev. Gibson: Move.
Mr. Lacasa: Second.
Mayor Ferre: Gibson moves, Lacasa seconds, Plat Committee recommends
discussion,call the roll.
The following resolution was introduced by Commissioner (Rev.)Gibson, who
moved its adoption:
RESOLUTION N0. 79-561
A RESOLUTION ACCEPTING THE PLAT ENTITLED FIRST ADDITION TO MEDICAL
CENTER, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING
THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPTING THE COVENANT TO
RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF FULL
WIDTH IMPROVEMENTS AND LANDSCAPING UNTIL REQUIRED BY THE DEPART-
MENT OF PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER
62
JUL 2 41979
AND THE CITY CLERK. TO EXECUTE THE PLAT.
(Here follows body,of resolution, omitted here and on file
in the Office of the City Clerk) .
Upon being seconded by Commissioner Lacasa, the resolution was
passed and adopted by thefollowing, vote:;
AYES: Commissioner (Rev.) Theodore R. Gibson
Commissioner Armando Lacasa
Vice Mayor J..L. Plummer
Mayor Maurice A. Ferre
NOES: None.
ABSENT:
Commissioner Rose Gordon.
Mayor Ferre: All right, pick up 20.
Mr. Lacasa: Move.
Mayor Ferre: All right, Lacasa moves, is there a second?
Rev. Gibson: Second.
Mayor Ferre: Father seconds, the Plat Committee recommends. Further discussion,
call the roll.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 79-562
A RESOLUTION ACCEPTING THE PLAT ENTITLED MAR -VA PARK, A SUBDIVISION
IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE DEDICATIONS SHOWN
ON SAID PLAT; AND ACCEPTING THE COVENANT TO RUN WITH THE LAND
POSTPONING THE IMMEDIATE CONSTRUCTION OF ADDITIONAL SIDEWALK, CURB
AND GUTTER, AND PAVEMENT ON S.W. 11 STREET UNTIL REQUIRED BY THE
PUBLIC WORKS DEPARTMENT; AND AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner (Rev. Gibson),
passed and adopted by the following vote:
AYES: Commissioner (Rev.) Theodore R. Gibson
Commissioner Armando Lacasa
Vice Mayor J. L.Plummer
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Rose Gordon.
63
the resolution was
'JUL-2 41979
12. DISCUSSION OF AMENDING LANGUAGE AND ADDITIONS TO PROPOSED
CHARTER AMENDMENT.
Mayor Ferre: Now, Mr. Knox, yesterday, on item No. 8, there was a thought thata
we never quite concluded, Father, with regards to the Watson Island protected,
nd
the attorneys involved are concerned that they are not sufficiently p
so I've asked this morning that Mr. Knox, Mr. Clark...well, Clark went to lunch..
Mr. Knox: No, they are in the Committee of the Whole Room, and we can still
discuss the language that is in the process of being tracked.
Mayor Ferre: Well, I'll tell you what they've come up with so that there is,
protection. In the area dealing with the leases, they want to add the word -see
they want to add the word "or any project where bonds have been authorized", okay?
Does that cover it, George?
Mr.' Knox: Yes, sir.
Mayor Ferre: Now, I don't want to be coming back every other day to change this
thing so, are the Watson Island people sure that this covers...?
agreed on the language with the Watson Island people.
Can wemove it on a motion form and then we can move it
Mr. Knox:.
Yes, sir, we
Mayor Ferre All right.
later on as a Resolution?
Mr. Knox:
es, sir.
Gibson: I move it..
Rev.
Mayor Ferrer Father Gibson moves that on item number...which one
amendment` No. 2...
That .was amendment No.
, having to•do with the leases
s-t? ;= It was
Mr. Knox:•, 1
Mayor Ferre: Oh, I'm sorry, amendment No. 1, that the language be added ,in that -
part whic•h exempts the Convention Conference Center that there also be an exemption
for those projects which the City of Miami has issued bonds. for.; (BACKGROUND
COMMENT MADE OFF .THE PUBLIC'RECORD) That's "authorized the'issuanCe of'.bonds."
Okay? Now,,'is there a second to that motion?
Mr.
May,
Plummer: Yes.
or Ferre: Plummer seconds, further discussion, call the roll.
WHEREUPON, the foregoing motion was passed and adopted
by the following: vote:
AYES
NOES:
ABSENT:
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor J. L. ` Plummer
Mayor Maurice A. Ferre
NONE.
Commissioner Rose Gordon
(SEE LATER FORMALIZED RESOLUTION 79-563)...
Mayor Ferre: Now
there is one other item, Mr. Knox, in a previous zoning
,
meeting the vote was 3 to 2 on a Brickell Avenue project that came up under
a PAD and I would like to change my vote, but I want to know whether or not
I am able to do so or do those peopleat this time have a vested right that
would be indefensible in Court.
Mr. Knox:
Mr. Mayor, I think a short explanation on the concept of
vested
miniumanill.1111111111M
•
64
JUk 2 4 r3)a
Mayor
right may be appropriate. Of course, 'a number of the prevailing
side,may.introduce a.motion`to reconsider a measure. The
question i-s one of whether.or not- the rights_were�vested"and
equitable consideration is associated with. what •activities
may be en..•.may have been engaged"in • based'on the Commission's:
original. -decision.: And.. essentially, that is `a factual question
as to, what extent the developers or the petitioners may have
•
engaged in activities which would cause them some legal"or
economic harm :in reliance;on the commit tee...on the Commission's
original decision. And we. -do not have that factual, information
at -this time.
Mayor::Ferre: Mr...Mr.'Assistant City Attorney, Mr. Fosmoen,
the question, therefore, goes to you.
Mr..Fosmoen: I'ii trying. to find out whether or not a building
permit has been issued on that .project.
Mayor Ferre: I think what they did as I understand, is they
took a a... they took out a foundation permit.- But not a
building permit on the project.
Mr. Fosmoen: I'm trying to check that right now, sir.. I don
have that information at my fingertips.`
Mayor Ferre: Well then, we will adjourn this meeting and
I retain ;the right because the only way I. can ,legally do it
is at the next scheduled meeting. In other words, I;; voted
for the project at the last zoning meeting and this is an
appropriate time to bring it up. Is that right, Mr. Knox?
Mr. Knox: That's right.
Mayor Ferre: 0. K. So this is the
vote. Beyond today I -can't vote on
only time I=that` I. can
this. �I can't reverse m y
Mr. Knox: Mr. Mayor ,° also ,as, to proposed Charter atnendxnent
number 2.and the;questionof;the language thatappeared concerning
occupancy limitations, we p y , have. changed occupancy limitations
,
to building placement: As 'I was:. saying, .Mr. Mayr," there was
some question about the use of the words occupancy limitation
yesterday and we consulted again with the attorneys and we
propose to insert the words building placement rather than
occupancy limitati.ons:to describe the setback
t
Mayor Ferre:
Building what,
uilding what?
Mr. Knox: Building placement.
Mayor Fevre: O.k.
Mr. Knox:
that.
And it will be necessary foryou to
Mayor Ferre:
the wording.
Mr
adopt : it with.
That's :a housekeeping thing that just clarifies
Knox: " ':Yes, -_sir.
Ferre: A11 right, is there 'a motion to that 'effect?
Father Gibson: Move.
Mayor Ferre: All right, moved by Gibson.
Mr.:Lacasa: Second.
Ferre: Second by Lacasa. We'll see it i
Mayor
n writing. Would...
65
JUL 2 41979
you'll bring it back in writing:., All right," there's a"motion
and :;a second'w.ith;r"egards""_.to amendment-numbe"r'"1aspreviously
passed. Callthe'rol1�, please._
AYES:
ABSENT:
NOES:
THEREUPON THE FOREGOING MOTION was
introduced by Commissioner Plummer
and' -seconded by Commissioner Lacasa
was passed ,and adopted by the
following vote:
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Mayor `.Maurice A. Fevre
Commissioner Rose Gordon
None.
(PLEASE SEE LATER FOMALIZED RESOLUTION NO. 79-564
*COMMISSIONER GORDON ENTERED MEETING AT 2 35 P.M. T!EREUPON
REQUESTING OF THE CLERK TO BE SHOWN AS VOTING "YES" ON PREVIOUSLY
PASSED AGENDA . ITEMS ` 2 , 3, 4, 7 , ,11(a) AND 11(b )
Mr. "Plummer: Mr. Mayor, let me announce to you and to the
other Commissioners, due "'to problems beyond.my control,..I will
have to_ leave here today at about 5 minutes of:. 5. If necessary,
Mr. Mayor, I couldbeback around 7 if that is deemed necessary.
But I' must leave about 5 minutes of 5.
Mr. Plummer: Well, I'm just..
Mayor Ferre: Well, I don't mean...
Mr. Plummer: Just putting you in the forefront.
13. SECOND READING ORDINANCE: REPEALING ORDINANCE 6945 AND SUBSTITUTE
A NEW ORDINANCE APPROVING A NEW CODE OF CIVIL SERVICE RULES AND
REGULATIONS.
Mayor Ferre: Everybody is in the building now, If they are not
hear, it's their fault, And we can't wait any longer so,
proceed Mr....where's Mr. Krause? Mr, Krause, if you'd take
the microphone, please, We left off in 2..,what? 3? We've
covered 2.3. A11 right, is there any problem with 2,5 that
the...counselor, do you have any prblems;;with 2.5? And for
the record, why don't you identify yourself,
66
ist
JUL 241979
I IIIIIIIIIIIIIIIIiuIIIIIMIIAIIIIIIIILIIIir III 11
Mr. Alan Eichenbaum: Alan Eichenbaum, Weinsoff and Weinsoff
for the`-F.O.P•
Mayor
Mr. Eichenbaum: There's a change in 2.4 that the rules in
the department prior to this proposed amendment, required
the approval of ,the Board. And that is totally left out.,
Approval only of the City Manager is needed.
Mayor Ferre: All right, then lets go to >2 5.. You don't
have any comments on 2.4. 2.5? Official signatures. All
right, required signature. of the Chief Examiner or Director
of HRD .to certify payrolls. Do you have any problems there?
Mr. Eichenbaum: The only problem I. have is that the certifying
of the payrollby. the Director of Human Resources would bein
violation of Section 67 of the Charter. which would require
the Board to certify the payroll.
Mr. Krause:` I don't believe it would be in violation of the
Charter, M.r. Mayor. The...there are other provisions of the
Charter that now provide functions to the Chief Examiner,
for example,to fill positions., which functions under the
present Civil Service.. Rules., are assigned to the Executive
Secretary of the Civil Service Board. Thereal reason for
this change is that there is Presently no procedure for,
certifying the payroll in the City government. The function'.
is given by Charter to the. Chief Examiner„ seems to me that
that responsibility canbe shared as -=long ; as it results in a
procedure to assure that they payroll is correct. I;don't
think the City ofMiami wants , a payroll scandal.
Mr. Teems: Mr. Mayor, I'm sorry, " I<.was alittle remiss on
your 2.4 " I;guess. I was trying to get " my stuff together.
Mayor
Mr. Teems: All right, the problem that we have with the rule
change on 2.4 -;is that it takes away '°the -'authority . of the
Civil Service Board to approve or disapprove rules of
conduct. And now, what;. that does is, it gives the employees
thatare going to follow these rules no input into the
implementation'= ofthese rules and what they even say. Under
these rules, what'll happen now, is the rules of conduct for
each department will be made by the director, approved by
the Manager, with no input from the employee. Before, we had
input through the Civil Service Board on the rules...on the
rules of conduct governing the employees in each department.
Mayor Ferre: Do you want to comment?
Mr. Krause: Mr. Chairman,:>Mr.. Mayor, I'msorry.
Mayor Ferre: All right, same thing.
Mr. Krause: The Justice Department was very specific
indicating that the City of Miami was required to make
changes in procedures for job assignments, transfers, the,,
types of work assignments that would prepare people for
promotional opportunities. The purposeof this change is
to facilitate that. It still says that the...none of the
department, rules maybe in conflict with the Civil Service
rules.
67
JUL 2 41979
Mr.:Teems: That's no:t the point,` Mr. Mayor`. They never
have been'in conflict with Civil Service Rules. They weren'
allowed `to be. They never were. : The point is...le•t, t►e• read''
you...let me'~read you Section';65(b) of"the Charter. It says,
"The Civil Service .Board shall also have the right to remove
or reduce any official or employee in the classified service'
upon.writ`ten charges:of misconduct referred by any: citizen.
But only after reasonable notice to the, accused` and full.
hearing It shall also be the duty of the': Board to'fix
the` minimum -standards of conduct and efficiency' for each
grade in. the service." And this is what we are referring too
The`rul`es of conduct for each department. We're not
re,ferring'to putting -somebody in:"a pos,tion`of being able to
be;prornoted'better or something like that. That's not what`'
we are talking -about. We're:talking:"about-:rule„sofconduct,.:
In the Fire Service, when you getup, when you go t'o bed.
What`ha"ppe,ns if you miss��a run,,what..,.you know these k"ind o"F;
things. Those are rules`of conduct.
Mr.., Krause:'° Well, e thdepartment's rules also cover`';whateveri-
•
departments:beli�eve to be significant- n" the operation :of the;-
department. Including"duties of emp,l�oyees°,:assignmentS,
frequently -rotational assignments, shift assignments, things
of:thi`s kind: Some `of those `things are subject to collective
bargaining negotiations.' The ones that are not, that involve"
training o_r work assignment, according to the Justice D;epartmen
need`to.be.,more open so.that'there will be'more opportunities
four"minori`t.ies:.and women"to"have.a variety of:work�expe`rience.
Mr. Teems Again, Mr. Mayor, I'll tell you I've got, no problem'
with."that,.`o.k. B"ut we''re not.. getting any input now. That''s"
the problem". Before,itcame..if they wanted to open,"them
up more, fine. Lets open them ,'up. Put i�t, be:fore ,tile Civil
Service Board, ;let":them approve them. Let,us'have our 1npu,t.''
ha
Wei. have no •problem with :tt. But rightnow,we'v�e got no
•
input the way these rules read.
Mayor Ferre: Well,I don't think there is any use in 'just
repeating back and forth what everybody else said. Unless
you want. ..if you want to insist. Do you want him to `;answer
that further?
don't; think he is' going to.'answer
did before.
Mayor Ferre: All right, any other comments o'n 2.4? Then
we are 2.5. You already made you statement on 2.5. Do you
want to respond to that or make...
Mr..Eicenbaum: Well, I. just think the Charter 19 clear that
the Board has the authorityand the duty, the power to
certify and not the Director of Huinan Resources and that the
amendment as proposed would violate the Charter.
,Mayor, Ferre: I...I won't for the record,.. I won't bother to
ask --the City Attorney because in the.4 or'5"tim"es that we've
asked him,in the morning, his answer has, been very consistent:
And .so, let the record r.efl"ect that `I w"o.uld imagine, 'that'
your"answer is' :the' =same .as it was for -Other :questions impacting
on"the-Charter.versus the constitution of the country. in
Supreme Court; rulings...`
•
Mr. Teems Ihavethe same: problem with it he, does. I
a violation of Section'67 of the '.Charter.
Mayor Ferre: Anything else you want to add to that?
A11 right, then we're on the next one which is item :2.6
68
JUL 241979
;Omits Board approval to continue employment beyond age 70.
And the' changeis intended'. to relieve the Board of routine
detail. detail.` In' other words',wedon't have thatmany.people:that
are, over'70,;do we? At least I hope not. Even though I -have
no problems with people over 70 but in the way our rules
go, we haveto' have an exception to work over 65?
Mr. Krause
Mayor Ferrer
doesn' t it?
Unidentified
Mayor Ferree
2.7?
work beyond 70
you need an exception.
That has to come upbefore the Commission,
All right. Do you have any problems with that?
Speaker: No
0.k. any further problems on 2.6? How about
"Mr. Teems: Yeah, the way I read :2.7, Mr.:Mayor ,_, it,'s.anyone
_�'
desiring an appearance, before =the 'Board . shall confer with
the Executive Secretary who shall make the necessary
arrangements or consult with the Board. Now, does this,
change...and I ask the question that ."I,can' t get an answer.'.
to Doesthis change give the Executive Secretary the right
to deny anybody an appearance before the Board?
Mr. Krause:. The real problem is that the present rule is
excessively restrictive with respect to appearancesbefore
the Board. And what this was intendedto do was to loosen it
upto be in confortnance with the Sunshine Law of the State
of :Florida while still prov'..`.}retaining the the scheduling
processthat is convenient for the Board and for the. Executive
_.Secretary.
Mr. Teems Does it give the Executive Secretary the
to deny an employee an appearance before the Board?
Mr. "Krause: No.
Mayor Ferrel o�
No
Mr
Krause:'
Can, you answer that
yes, or
n
Mayor Ferre: It does not 'deny him that right.
. Krause: That'..
that's correct'.
Mr. 'Eichenbaum: I would just object to the language on the
grounds that it certainly could be used to deny somebody a
hearing.
right
•
Mayor :Ferrer Could 'you 'clarify that?' F•rom a :language'•,
point of view? 2.7. Anyone•"desiring;-an'appearance'before
the, -Board' „ shall: confer. With .,,the -Executive: Secretary who" will '"
make•. .`;.who `will make the necessary arrangments or ;consult
with the Bo•ard". It' c•ouln"'t - be an
d-ymore" sfipeci-c than" =that,.
:can- it? - Who will. " It :doe"sn't Bay who may.. .
Mr.Plummer: The problem... there. is an or in there. There
is an or. It gives him-analternative. It says itwill
make the necessary arrangements or consultant with the Boar
Mr. Eichenbaum There ,s.an alternative. See, that language
or consultant with the Board is either unnecessary or it has;
some meaning in addition to will make the necessary arrangements.
Mayor Ferre: Well,;`what...what meaning does it have?
'JUL 2 41919
Mr. Plummer: Well, I think that if you dropped`. or, consultant
with the Board, then it's covered. And he has stated that
in effect...
Mayor. Ferret
Mr. Plummer: No. No, no, no. If you read here it says,
anyone desiring an appearance before the Board,, shall confer
with the Executive Secretary who will make the necessary
arrangements, period.
You want to put and consultant with the Board?.
Mayor Ferre: Suppose, that then would force anybody desiring
an appearance before the Board to come up before the Board.
without cause.
Mr. Krause: All this does, is expeditie the scheduling problem
because there are times when the Civil ServiceBoard is meeting'.,
in specialsessionand does not wish to have appearances on_.
issues other than those that are called for by the special
session. The Boardregularly meets on a bi-weeklY basis. What
this is intended to do is to give the...the Executive Secretary
and the Board the flexibility to schedule people whether it
be at a regularmeeting or a special meeting of the Board.
Mr Plummer
That's fine. But
that isn't what
it: says.
Mayor Ferre: Does it do any harm to strike the words or
consult with the Board?
Mr. Krause: The only harm I can see thatit does is prevent
the Board`. itself from having the opportunity to schedule
its own agenda...
Mayor Ferre:
Well then I think that important.'
Mr. Krause: Because it': becomes.<automatice otherwise.
Mayor Ferr-e: I d•on.'t really:think'that you; have to hear•
anything...it says _to make the. arrangements o.r, consult. the
Board. Well,.obviously "the' Board.doesnl't want the. ...
Mr. Plummer: Well...Mr..Mayor,;consulting with the Board
doesn't necessarily make-arrangments for an. appearance.
Mayor Ferre: Well, tell me how you want to word it then to
make it...
Mr. Plummer: I. would. say., •'if I. understand'; both sides, if y
use the language anyonedesiring -an`appearance before the
Board, shall confer with the Executive Secretary,' who will
make`the necessary arrangements; at
the earliest 'regular
Board meeting.
•
Mayor Ferre: Well, see that still doesn't do it. Will m•
ak
the - necessary arrangement that is non -conflictive with the
Board's scheduling...what?'.Make the necessary arragements..
would you help me out, please Mr. Krause.
Earliest possible.
Mr.
Plummer.:
Mayor Ferre: No,:because the earliest
meeting and 'suppose they can't meet...
Mr. Plummer: Then it's not possible.
Mr. Krause:
to schedule
u
possible .is the next
Or sometimes you get request on a Monday.
an... yes, I. know....
•
C
1
1st
70
JUL 241979
Mayor, Ferre:; Mr. Krause, this is a smalllittle problem.
I'm -:sure, we;; have the brain power around here to change 3 little
words and make this thing work.
Mr Teems:"=Mr.":Mayor", I submit "to you: there's nev.:".I don
know .of any.problem.with==scheduling as-far�'as...I"'ve had,"w`
people-come";bef-ore this�Board many times that'didn',:t get
scheduled .for 2:'or 3`weeks and, you know, that's the"way,, it
was beceuse the calender was full. You know, and we understand
that:. I don't think there is any problem as far as'timing
in schedule.
•
Mayor Ferre: Would...would'you accept the
make necessary, arrangements `in conjunction
schedule?
following wording,
with the Board's;;.
Mr. Krause: I...That seems reasonable to'me, „Fes ,`sir.
Mayor
Ferre:
Now, .is that
Mr. Teems Yes, sir.
right to appear before
someplace.
clear? I,%think that's non -conflictive.
I:'_just. wanted to make. sure we had the
them and we couldn't be shortstopped
Mayor Ferre.: All right, is there...is,.that acceptable'.
everybody? Anybody have any objections to that? 2.8?;
problems. there? The next item is 3.1...
to
Any
Mr. Teeins: Mr.. Mayor, we've go some other items that were
left out of 2...all'right, ,;and I'd like to read them offto you.
And I really don't understand why. And really, .I'm asking
why?
Mayor Ferre: go ahead.
Mr. Teems: Duties of the Chief Examiner and Employment of,
Examiners was left ;.out. '.I, don't ;know .why. General employees
of the Board was ieft out. 1 don't know why. Executive
Secretary was left out. Now, are they put there back further
in the rule changes 'or.why were they left out?
Mayor Ferre:
Mr. Krause: Mr. Mayor, there is a lot of duplicatiori in the
present rules and as well as, inconsistency where the same
subject is discussed in 2 or 3 different Places of the, rules.
One of the things that this is intended to do is to.simplify
it. Certainly, the functions of the Chief Examiner are
described in Rule 2 as are the duties of the Executive Secretary,
and the staffing of the Board. Ali those "functions "and
responsibilities .are described fully, I believe, in Rule 2.
Mr. Teems: The point I'm making, it ;;has nothing to do; with
the Consent Decree, Affirmative Action or anything else. It's
just a change we decided to make.
Mayor Ferre: Does it do any substantial harm to anything?
If it's a redundant statement that's covered somewhere else,
does it do any'':harm to take it out. If`"it's` covered in
Section 2.
Mr. Teems : Well, what was taken out, Mr. Mayor, it not what
was put back in in"Rule...in 2, you know, where hewas
alluding too.. That's the point.
Mr. Eichenbaum:. I guess my question would be, are these;.
positions that are being eliminated, are these going, to be
71
• I�IIIIIIII
l
JUL 24 1979
•
pthese duties:`that he's "going tp now have?
, I think.. he answered that by saying that
Mayor"Ferret: No,
they,a
cur..e :already covered in other.sections-of the....of the
doment.
Plummert Well, let me.ask...
is there anything else on that?.
Mayar`Fnow All r3.1, Board -;Minutes. Any .problem:with
We are 'now on item 3:1,
Board..Minutes? 'No. 3.2, Personnel Re'cordSZ
Mr.
Mr. Teems: Yes, sir.
Mayor Ferre: Don.
Mr. Teems: Yes, sir. 3.2' this .Civil Ser"vice:'"function
has already
been taken 'Over, by HRD, for one, thing ..
bofe it. ht's a vl of thne CivileService Sectiofintent Cofrthe;Charter
believe"." And' ail of Civi1'Service,�
imply control of :the., personnel records -b.y vi
not by,;"the Director of Human Resources ,,or..,- any:- other department.
1'r Eichenbaum: I would concur with 'thatecand
d-addtthattheSince
the ,Board:won't have any. input in ertreco ,ds, that. ',.
meinbers'and their records and ,thei"r.p be protected
their rights- ghts will not- adequately
Mr. Plummer:. Why not?
Mr. Eichenbaum: Well, we believe their
to privacy.
Mr. Plummer: Well, it sa.ys here, "necessary ".to protect the
privacyand confidentiality';_ of such ;records consistent with
the provisions; of law.
Mr. Eichenbaum: Well, that'S part. of the "problem because:
as you heard, people yelling out "there :is`no privacy.".
that out?
Mr. Plummer:. Who.. yelled
is an inherent .ri'gh
Mr..Eichenbaum: ".I don't know w
o that was legislature withbut respectotolsome
that's the position, of the leg
of the records and we believe that there. is an
nslahent
privacy right that"; -can t be waived by the legtsla ureright.
an
at the Board input is necessary
Mr. Plummer And; then. the MiamiHeraldwent to court and;
got it all thrown;: out.
Mr. Eichenbaum 'Well,.
has prevailed yet.
Mr. Plummer: Well, they changed. the law. That's" what is
says here.,We can only do it within the -,confines of the.
law.'If the law changes,' then_ we've go to comply.
Mr. Eichenbaum: All right, we're still talking about the
inherent privacy rights which webelieve are -beyond- those
provided by statute. And that these records are beyond the
Charter,
don't know if the Miami Herald
Mr. Krause: Mx. Mayor,,I suppose ;Ishould respond to this.
The Ordinance 8526 which creates :the ;Department of Human
Resources provides that the department shall maintain the
personnel records of the City government. The department
has been maintaining those records since before I came to
'72
1st
JUL 2 41979
Miami and ever since We have 'asked',f;or and have received
from .the"City:Attorney a very; extensive" legal opinion op those
personnel records `that- are. protecte,d-.under ��_the _privacy
rights of the state 'statute. and those that. are. open; for public
inspection under the Official Records Act. It is clear"
that anybody who maintains records in- the State. of,Florida
has .to do it in;`,accordance with the State -law. Anybody `who
doesn't, do it is going to be ;punished.`
Mayor Fevre: All right. Is there anything else
3.2? We're now at 4.1? Anything on 4.1?
Mr Teems: Yes,' sir 4.1 is really somewhat the crux`
the fire fighters anyway,biggest problem withthe whole rule
change. And what it says is it has
it has the right to
recommend. The right to recommen'd The "right to. recommend.
I'think you just heard from the Affirmative Action Board the.
problem of recointnending and getting informatiofl and getting
anythingwhen you are dealing with ,a department that is
under the control of the Manager and not by itself. And that'
the same problemwe -think that the Civil Service Board is.
going ,to have. You can app
oint as many people to the Board
as you want, but they are not going to be able to get any
inforinatiofl to do anything except what the Director of Human
Resources wants , them to do:
Mayor Ferree All
Mr. Krause: This is a new provision' of the rules intended to
emphasize-thepolicy rule ofthe Civil Service Board in the
City's`personnel system. The present rules do not contain
an equivelant`provision. The...what this, would do is assure
that the CivilService Board could make .its "recommendations
r
on personnel policy to whomeverit wished. If it felt that
the appropriate body was your Commission, it would so`recommend.
If it felt it was an operating or administrative matter that
should be brought to the attention of the administration,"``it
would make that kind ofa recommendation. The Board would
have complete freedom to make its recommendations and in
addition,; the Chief Examiner would have the authority to.,
review any complaint by any employee concerning employment or
promotion. And make appropriate recommendations.
All `right.
Mr. Teems:" Part of that. was 4.2 and recommenda...recommendatory
specific. Whatever that means. The Chief Examiner may review
any cotnplairlt of an applicant for employment or promotion
and make recommendations to the City Manager. Now, that's...
that -flies...they are going to give him the responsibility
but no authority. I wouldn't want to be the Chief Examiner,
I can tell
you.
Mayor
there anything you want
Mr . Plummer : Is there a 'difference in - the past?. That
the reco:mmendation after Civil'Service has heard a case,
they ; recommendto. the ;Manager, _ who're final : decision is
whether or not he concurs or disagrees. Isn't that the..
Mr. Teems: No, it says after consultation,:he shall. The
positions...I'm reading from the Charter. O.k. Positions
in the classified service shall be filled by him, the
Chief :Examiner, is who we_`'are "talking' about."
Mr. Plummer: I'm sorry: You're talking about
the positions, I'm talking about..`.
•
1st
73
JUL 2 41979
1st
•
•
the Chief Exatniner, by Charter, and none of the authoritY
„,•
to carry out any of tbat responsibilltY in the rules.
Krause:
provide for the authoritY to carry out that futtctiofl of the
Charter
filling of positiOflS. The preseflt...
- - .... • - . . . .
• • .•!.. • .
Nr. Teetns: Well, that's true Mr. Krause, but the Charter
. • supersedes the rules.Mr. Krause: The
Sp
ecify that eithet the Board
_ ..„ •-
or the Chief
.that.ot the
will
Nt. Teetns: That's true. The Charter
the ExecutiVe SecretarY is responsible•to the Board and the
-
Chief
that's the big differet&Ce.
• • " .• • . • , "-• _ " . , . • . •.
Ma
or
Al
....„ ........ ..„.. ...„ „ .
• - ProvideDirector
HRD to issue jobs...
'it. EichenbaUlfl Excuse tne, Mr. Mayor. On rule 4, the
current rules have a nutnber of sectiOflS dealing
c1assifiCati0fl
positiofls, and we would like to know why those were omitted
frotn the proposed
Mr. Krause: Those were otnitted as a result of the letter
frotn the. justice Departifletkt, April 19, 78; '.jhich indicated,
stated that the City is requiredunder Consent Decree
requiremeflts. In reviewing the Charter, it was clear that
there is no provisiofl of the City Charter which authoriZes
to review and revise its job descriPtiOfls and its job
the Civil Service Board to deal with job c1assifiCati0 That's
a function of the City Manager. And as a matter of fact,
anybody reading the present rules will see that the Civil
Service Board, even now, does not make decisiOTS on job
classifiCatiofls. it tnerely makes recotntnendati0fls to the
Cit
•
the purpoSe of omittiflg the preseflt rule
is to omit something that
not provided for
the Charter and was found objectioflable by the Justice Departlfleflt
and concluded by the that the City was not in compliaflce
with the Consent Decree.
Nt. plumiTler That's fine but you're not covering that in
this docutnent.
Mr. Krause The City Manager will still have the same
authoritY he now has for job classificatlofl.
Mr. Plumtner: No, sir. That'S not iny point. My point is
that if you haven't put it in this document, you are not
and assuch stays as is in the present rules.
Nt. P1umtner Mb.. .Mr. Krause, excuse ine. Go ahead and
answer, sir.
Mr. Krause The...there are inany functions that the City
Manager has, according to the
Charter, .preseflt City Manager has chosen to exercise by Issuing
in the Civil Service Rules.
by the City Manager and...as administrative policies. The
'74
'JUL 2 4 1979
1
City, Manager would necessarily issuean administrative
policy on position classification,if this ordinance is
approved.
Mr. Plummer: Mr,. Krause, did you prepare this document?'`
Krause: I prepared a goodly share of it, yes, sir.
Mr. Plummer:. All right, sir. May_.I ask you to read from
Page 1. The top...start p..rstart at the top and read down.
Mayor Ferre: Wait...wa...are you getting off the line o
fire here, from rule 5 and all. of that?
Mr. Plummer Well, I'm just stating. Mr. Mayor, that, Mr.
Krause,'I think has overlooked what this document as"titled
proposed• amendment. Now, any' amendment that is not indicated
in here as delete this amendment is not covered. So all he is
doing "in this,'document,-which I assume he wrote, is the
proposed amendment for changes. Ile;• shows nothing in here
•of, any deletions. And itis,my understanding, unless he has
done such', 'those .that are not,' addressed as. a proposed amendment
are not changed. It`stays.as is. This is proposed amendments.
This is "not the rewriting of the Civil Service. Rules. Now,.
you know,, if he...if° he ;prepared 'this 'document, to me these
are pr•oposed amendments, period. And that's what we are
addressing;' .
Mr. Krause: Mr. Mayor, Commissioner. I did not prepare
the first page of this ordinance which was prepared in the
Law Department It does say that it is an ordinance repealing
Ordinance number 6945, which are the present Civil Service
Rules, as amended in its entirety and substituting, therefore,
a new ordinance. I' can't speak...
fine. That
Mr. Krause:" To the question, the legal issue. Mr Knox would.:
Mr. P1`ummer: There's no disagreement. there.- That's fine.;
I£""you"wanted,to delete certain portions of theexisting rules.,.
you.wo"uld;have'outlined them as a proposed amendment. Amendment
to delete,. You -.have not done such. So consideration before
-not,
this ,board: does: n•ot' delete anything th•
at's .
'That ',B o•ne"members opinion
Mrs. Gordon: Mr. Knox,, why._don't you express, yourself onthe
subject that.J. L.°just addressed himself too.
JUL 2 4 1979
Mr. Knox: The rules of drafting of municipal ordinances provides that it is
only necessary to indicate deletions and to underline additions when the
method is to, in fact, delete and to make additions. The intention is to
completely replace the existing ordinance which contains the Civil Service
Rules and Regulations with a brand new set so that everything that is con-
tained in the existing set would be abolished or forever done away with, re-
pealed and replaced in its entirety with the document that we're now address-
ing.
Mrs. Gordon: Is there a list that's been furnished to us that I may see or
hasn't been furnished to us that I may see what;it is that has been deliber-
ately deleted from this new version?
Mx. Krause: A number of documents have been submitted to. members of the Corn -
mission including the summary that was submitted....
Mrs. Gordon: Of deletions?
Mr. Krause: Yes, of the major changes I should say..
Mrs. Gordon: No, no.
Mr. Krause: ...including, for example, the deletion of the old Rule IV. The.
summary that was submitted to the Civil Ser:•ice Board and to the Commission
a year ago does not deal with every single word that was changed or every
single.word that was deleted, it deals with major provisions that were either.
added or deleted.
Mrs. Gordon: Do you have a copy of that?
Mr. Krause:
Mrs. Gordon
Mr.Teems: Commissioner Gordon, I believe AFSCME has a whole list of all the
deleted items if you'd like ahem.
Mrs. Gordon: I'd like to see them, that's what I wanted was the list. Do
you have a list? These are the deleted items on here? No, that's not what I
asked. That's really not what I meant. I just want to know what was deleted
that was not included in this draft here that we before us. Well, that's what
I was asking about. This is that kind of
Mayor Perm; Anything else on 5.1, 5.2?
Mr. Teems: I hate to be rhetoric, and that's what it is, over and over and
over there are more Charter violations in here than I can believe. But 5.1,
yes, is a Charter responsibility of the Civil Service Board under Section 63
of the Charter. 5.2 is the Charter responsibility of the Civil Service Board,
5.3 very well could be a violation of the Consent Decree and you would like
to talk about that I'm sure.
rt
JUL 2 4 1919
Mayor Ferre: Mr. Krause, do you want to address yourself to that statement?
I think you'd better amplify, what do you mean it's a violation of the Con-
sent Decree?
Mt. Teems: Well, the Consent Decree says on
Civil Service Board has this responsibility.
Mr. Krause: Judge Eaton addressed himself to that point on June and said
that the City of Miami had the authority to make changes in its Civil Service
Rules affecting which agencies of the City would administer and apply the Con-
sent Decree.
Mayor Ferre: Anything else?
Mr. Corbo: I would just concur with what the Fire Fighters have said arid in,
addition to 5.3 the whole proposed amendment is entirely vague, there isn't.
one sentence in there that doesn't require further explanation. It leaves,
up to the Director the right to determine prior recruitment experience and
other relevent factors. What are those oth relevent factors? We have no
idea what they are. It refers to preference and certification may he given
to residents of the City or of specific neighborhoods. First of all what are
the specific neighborhoods and secondly preference to specific neighborhoods
invites violation of every type, of law and it invites;' political favoritism.
What are the best interests of the City?". There are absolutely no standards
and there is so much discretion vested in= him "in this one particular section
without any standards.
Mr. Krause: The federal government from time to time 'in"issuing grant monies
to the Cities have established requirements that either absolute preference
or some other lesser type of preference be given, to residents of certain
neighborhoods. - The best ,example of that is.the ModelCities Neighborhood
Program. Almost all cities across the country that administer the school,
safety` program recruit school crossing guards`from the neighborhoods, in. which
they reside. What this is intended to do is to permit the City of Miami to
administer:a Civil Service Program consistent with whatever federal"grant.
programs`: may be approved and whatever specific programs the City Commission
itself may adopt.
Mr. Corbo: I just don't think that's very specific - specific neighborhoods.
when the director determines - and additionally there are omissions from the.
section such as the requirement of maintaining residence in the City of Miami
in order to be an employee and I think that's an important omission.`:,
Mrs. Gordon In other words at what point in time are you addressing the
residency, at the time of hiring or continuous residency?
Mr. Krause: This rule addresses both.
actual fact there is no requirement for
the City of Miami once they'r^ employed
Service` Board has granted approvals for
in Key West, there simply is no present
to live within the City.
At the present time as a matter of
employees to continue residing within
and as a matter of fact the Civil
employees to live in Ocala, tolive
continuing requirement for employees ?:
Mayor Ferre: Anything else? 5.4, Qualifications.
Mr. Teems: Yes, sir,` we believe that that is a Charter violation also, we
believe it is an explicit responsibility of the Chief Examiner.
Mayor Ferre: Mr. Krause?
Mr. Krause: Well, I think I've spoken to this before and I hate to be repit-:`
ious but this is, this entire Rule V is based on the letter from the Justice
Department indicating that job requirements are supposed to be determined by.
professionally trained staff people and not by lay members of the board or_;;.a;
lay Chief Examiner. And I say that not intending to be disparaging to mem-
bers of the Board or to the Chief Examiner, I'm simply quoting language used
by the Justice Department in the letter of April 17, 1978.
Mr. Teems: Mr. Mayor, I'll submit to you that I believe, I don't know of
one time, maybe there is, but I don't know of one time that the Department
of Human Resources came before the Civil Service Board and said that they
had to by-pass or change a rule or do something like that to affect the Con-
sent Decree that they didn't
rt
77
JUL 2 4 1979
Mayor Ferre: Anything you want to add to your previous statement?
Mr. Krause: No, sir.
Mr. Corbo: I just have an additional objection. Again, there is too much
discretion and too much power in the Director being able to reject an appli
cation on its face without any standards of what determines whether or not
it is sufficient on its face. It's kind of an enigma to me that in the City's
quest to further Affirmative Action you have a director who is going to be
able to determine whether or not somebody is sufficient on the face of the
application, it seems to be kind of contradictory and would certainly allow
for abuses of discretion.
Mayor Ferre: Further statements or clarifications?
Mr. Plummer: Are the minimum qualifications, Mr. Krause, published?
Each job announcement containspublished minimum re -
Mr. Krause: Yes, sir.
quirements.
Mayor Terre:
with that?,
Mr. Teems:
that, no.
Okay, we're, now on Rule VI, G.1, Examinations Any problem
Yes, it's a violation of Section 64 of the Charter. Other than
Mr. Corbo:: We have the same objection.
Mayor Ferre:
Mr. Krause.
Mr. Corbo: It also gives preference possibly to under qualified persons in
examinations and the classes are determined by the; Director 'of;Human Resources
again without standards and at his discretion.
Mr. Teems: Yes, maybe we can help you, Mr. Mayor, because I've got 6.2, 6.
the same thing, they all relate to. the same violation of the Charter.
Mr. Corbo: Well all of 6 is everything is at the discretion of the director.;..
passing grades, he establishes the grades, he establishes the minimum rating,
he establishes other qualifications. What are other qualifications which in.
his judgement enter into determination of relative fitness? That's entirely
vague.
Mr. Krause: It's not really vague if one understands the federal selection
guidelines which are the basic governing document in selection whether it
be in government or for private industry. Specifically for the City of Miami
the Consent Decree requires us to conform with the Federal Selection Guide-
lines. The Justice Department has pointed this out to us in the letter of
April 17 and has said that the City has not yet made the kinds of changes in
its procedures that are required by the Consent Decree and that the City
itself committed itself to do under the Consent Decree.
Mr. Teems: May I submit to you, Mr. Mayor, that maybe the reason that they
haven't done that is because the professional staff or the Director of Human
Resources has not brought these proposed changes before the Civil Service
Board to do.
Mr. Corbo: I just think there is a tremendous problem in trying to justify
an otherwise vague language by saying that "We have this other document out,
here that's going to control us". If you have language in one document the
limitations of that document should be contained in that document. You don't
impose standards based on some other document that may or may not exist in
the future or may or may not be upheld.
Mr. Krause: As a matter of fact the City's employment practices are governed
by a great number of federal law:, and regulations that would constitute per-
haps 10 or 12,000 pages of legislation and regulations. It does not seem
necessary to incorporate that in a city ordinance.
Mr. Corbo: I'm not talking about those types of federal laws, I'm talking
about an area where you have discretion clearly under this document where it
is vague and there is no standard and you're saying the standards are imposed.
by some other document that may or may not exist in the future and may or may
MM
-
sw
�8 rt JUL 2 41979
not be valid. That's too vague to stand.
Mr. Teems: Can I ask you a question? These federal selection guidelines,
they don't have anything to do with the classified Service, correct? They
have something to do with grant programs, people yott hire for grant programs
and CETA and things like that, right?
Mr. Krause: No, theyhave to do with hiring everybody in the United States
who works for an employer that has more than 25 employees.
Mr. Teems: Ali right, now what you're saying when you say that is that these
Civil. Service Rules and this Charter is in violation of the Federal Selection
Mayor Ferre: Okay, further discussion on Rule VI? We are now into'Rule VII
which is Eligible Registers.
Mr. Teems: 6.5 and 6.6, the same comment on them, the same sections, actually
they're 63 and 64 of the Charter.
Mr. Corbo: I think one other point on 6.2 is something to reiterate that
the chairperson of the Affirmative Action Advisory Board brought up is the
opening up of the selection process to people outside of the City and we
would like to voice our objections there.
Mayor Ferre: All right, anything else on VI? We're ow on Rule VII
Mr. Krause: I believethat there was an objection to VII on the same basis
as some of the other objections. The only thing that I can say about Rule
VII is thatthe existing Ordinance 8526 which creates the department of Human
Resources says that the department will maintain personnel records for the.
City government. We do maintain them now, we do maintain the eligible regis-
ters and we do refer names frorn the eligible registers. What this does is
to put the Civil Service Rules into consistency with existing practice.
Mr. Teems: But not with the Charter, that's the point.
Mr. Krause: I think we're in accord with the Charter, I believe the ordin-
ance
Mr. Teems: "... The Chief Examiner -.hall r ac ance
p ovide -examinations n cOrd
with regulations of the Board, and maintain lists of eligibles for each Class,
of service of those meeting the requirements of said regulations", that's
63 of the Charter.
Mayor Ferrer Do you want me to ask Mr. Knox?
Mr. Teems: He'll say the same thing.
Mayor Ferre: Mr. Knox says into the record by the affirmative moving of his
head up and down and he will say the same thing into the record.
Mr. Teems: I think I can repeat it for him now, Mr. Mayor.
Mayor Ferre: Al]. right, is there anything else on Rule VII? All right,
we're now moving along to Rule VIII, Appointments, Promotions and A vance
ments. Any questions on Rule VIII?
Mr. Teems: Yes, sir, the same convnents. 8.1, 8.2 are violations of Section
63 of the Charter, 8.4 is a violation of 63 of the Charter and we believe it
also a violation of contract. 8.5 is a violation of the Charter, 8.6 the
same thing, 8.7 the same thing, it is also a contract violation and 8.8 is
the same thing. Anytime there isa change it's the same thing.
Mr. Corbo: I would agree and just additionally I think almost all of the
provisions in there violate Section 64 of the Charter which provides that
there should be uniform rules for promotion for all positions in the class-
ified service with all these discretionary actions on the part of the depart-
ment head, it can't be a uniform rule.
Mayor Ferre: Mr. Krause, do you want to respond to that?
Mr. Krause: Yes, Mr. Mayor and members of the Commission, this is a partic-
ularly significant section of the ordinance and it deserves I think special 1
NIMMIMMININ
rt
79
JUL 2 4 1979
comment. The Justice Department letter of April 1978 indicated that the
City would have to make changes in the provisions of the Civil Service Rules,
and I'll quote now, "..have worked over a period of many years to exclude
minorities and women from the City's work force." The Justice Department
said the City should change the referral procedures, the certification proced-
ures which have worked over a period of many years to exclude minorities and
women from the City's work force. What we have now is a Civil Service Rule
that says for open competitive examinations, that is hiring from outside,
the department may choose from the top three names on an eligible register
and for promotion, that is from within, the department director must promote
the one person who stands highest on the eligible register. The Justice
Department has concluded that those referal procedures are discriminatory
with respect to both women and minorities. Civil Service systems across the
country have similarly concluded that those systems are discriminatory. The
federal courts have said that if you cannot validate the use of ranking even
if you have validated the examination itself if you cannot validate the use
of ranking you cannot use the ranking system which means that you could not
continue to certify from the top of an eligible register. What this rule
does is permit in each case the certification or referral of the top five peo-
ple who score on an eligible register and wherever it would be necessary to
assist in complying with the Consent Decree or an Affirmative Action Plan,;
adopted by the City Commission an additional three names of women and minor-
ities who stand next on the register would be referred so that a total of
eight names could be considered for appointment. This does not establish a
quota system, it does establish, however, a system permitting minorities and.
women to be referred for job interviews so that departments may make appointments,
of women and minorities without running in conflict with the Civil Service
Rules. The basic problem we've had now for two years is the fact that every
time the City promotes somebody or hires somebody under the Consent Decree
we end up in court with somebody else who has competing rights under the
CivilService Rules suing the City and I think it is perfectly proper as
long as there are competing rights for people to sue. What seems to me more
sensible is to eliminate the conflict and make it possible for the Civil Ser-
vice Rules to be consistent with the Consent Decree and I think that's what
the Justice Department expects of us.
Mayor Ferre: Mr. Teems?
Mr. Teems: es, sir I somewhat agree with what you're saying, believe it
or not. I, think the City has that authority right now under the Consent„
Decree, do you agree with that? If you're notmeeting your goals you have,
the right to jump down the list to promote. That's your contention.
Mr. Plummer: Mr. Krause?
Mr. Krause: We do and we don't. Under the Consent Decree we do, under the
Civil Service Rules we do not. This is what causes the litigation.
Mr. Teems: No, sir, Idon't think that's going to stop the litigation,
somebody wants, to litigate being jumped over on a register.
Rev. Gibson.. What, you're saying is if it weren't there there wouldn't
stone or perhaps it would deter them from going to court.
Mr. Teems: That's my point, Commissioner, I don't think the rule one" way or
the other makes a differenceof whether the :person .;challenges the promotion
or not.
Rev. Gibson: ....this is a policy of the City that's one thing but if you
go into court and say to the court this is the law by Civil Service that we
operate by that's another. The court then views the situation based upon
the prevailing rules. Isn't that right, counsel?
Mr. Teems: Yes, sir.
Rev. Gibson: Sure it is. I understand what you're saying.
Mr. Teems: That's my whole point, Commissioner Gibson, is that if I got
jumped over on a promotional register and I wanted to challenge it I don't
need the Civil Service Rules to do it I can challenge it under prevailing
benefits.
Rev. Gibson: Yes, but what he's telling you is that at that point in t
80
rt
JUL 2 41979
you won't have the same standing, you don't have the same position in court.
Isn't that right,, where is my City Attorney?
Teems: Oh, I think I do.
Rev. Gibson: No, you don't. If I have a set of laws, if we go right now and.
change you will have to go to court and say these are the rules. If you don't
change then you must go in court and say this is the Civil Service Rule and
then the court looks at that. All right, if you have this the court looks at.
this. What he is saying to you is Okay, we the City want to change it so
that instead of having one, two and three we will have five. If we're going
to carry out the intent and spirit of Affirmative Action and Consent Decree
instead of having three people you have five people. Now, what he is saying
is that the City would be in a much better position if the City had a differ-
ent set of rules and your counsel ought to tell you this...
Mr. Teems:
Rev. Gibson:
the City.
That's not my counsel, bythe way, he representstne F.o.P.
always the ones who go to court suing
Mr. Klausner: Mr. Knox has already stated that the Consent. Decree was the
supreme law and could put aside the Constitution so I don't think it is nec-
essary.
Rev. Gibson: Counsel, don't think you're fooling any ofus up here because
wearen't saying anything, we know some things too. Every time there, is a
challenge the FOP has challenged. That's what the man continues to say. And
what he warits to do is putyou in a position where your challenge wouldn't be
as strong. Okay? I .... Counsel, since you two seem to.... I may not say
this;`.....:' if what I'm saying is true.
Mr. Klausner:., I just said I think the Consent Decree according to
is ahead of"any _Civil Service Rule.
Mr. Knox
Rev. Gibson:. No, answer me. Isn't it true that if you have this set of
rules you) have one status in court and if you have this set they have another
Mr. Klausner: I don't think in tflis case it would make
cause you'rebasing the rule or• the Consent Decree.
Rev. Gibson: INAUDIBLE
any difference be
Mr. Klausner: You're basing the rule on the Consent Decree.
Decree is invalid then the rules you pass will be invalid.
If the Consent
Rev. Gibson: I want thepublic to know that you only want the public to know
that which you want the public to know. Thank God we have dealt with this
thing long enough that we understand it.
Mr. Teems: Father
You know,I don't.
look, 1 don't have you in court on
any promotions. Okay?
Rev. Gibson: Don, you and I don't have any.... I am unalterably opposed"and;.
I become very angered at men who stand before that mike and play games. Now
you know it is easy to tell the truth. I'd much rather a man tell the truth.
Mr. Klausner: I've been perfectly honest, I think it is unclear as, to whether
or not the Consent Decree will be upheld, that's all I said and we're basing
a we're gayotimedand money in mayorahead and passing may not be`:upheld and I think
wasting City's going P. q:these rules.
That's all I've said.
Rev. Gibson: Let me do it this way. I want to adopt a set of rules so that
your status in court won't be the same. I hope you get the message.
Mr. Teems: Yes, sir, I do. Can I say something to you, Father, and I under-
stand your conflict over there but I don't have that with you. Agreed? All
right. All I was saying, Father, to start with is if you change the Civil
Service Rules it's not going to nullify the employee whoever he is to go to.
court on prevailing benefits. You know this has been done for years and
years and years and you have to show cause why, that's all.
81
JUL 2 4 1979
1
s
w
Rev. Gibson: I understand, but I don't want you to overlook the fact that
your status in court won't be the same with these rules as it would be with
these rules - that's what the man is saying.
Mr. Krause:
Rev. ` Gibson:.
Mr. Teems:
contract is
Yes, 'sir.
Right!
Well, I" don't necessarily agree with that, Father, because the
a contract between the City and the employee.
Rev. Gibson: Yes, but wheri you negotiate the next time, listen to this, if
I don't change it now when younegotiate" the next time then you'll negotiate
with one set of rules and if you negotiate next time and 1 have changed the
rules you negotiate another set of rules.
Mr. Teems: Father, that's exactly, I agree". with you and that's why we brought
Civil Service Rules up before the table and they wouldn't taik about it.
Rev. Gibson: All right, you and I are all right,"I just don't like that attor-
ney who is standing out there like I'm a fool. I" want him to know that I"m
no fool. He's just being smart and I'm like the Mayor now, you, play your
part, you're protectingyour client, it is, up to""meto protect my clients who
are the people of the City of Miami.
Mayor Ferre: Right on.
8.1 through 8.17?
Mr. Eichenbaum:. Yes. We have some concerns with regard to the multiple regis
ter, that may be generated. Two may be bad enough but if you can't fill a
po:3ition,with someone in the affected classes a second register will be created
from which the HRD Director shall give the departments from which somebody
from the -affected classes caneventually fill that position but then it goes
on to say if he's notsatisfied there then additional registers may be promul-
gated;and we can go on and on and on with this process until we wind up get-
ting the person that we're seeking.": You know there could be a little game, a
little patronage game played with that and we have a big problem with that
whole section. In addition, there is reference made to non-competitive regis-
ters and we would like to know where. those are generated.
Mr. Krause: The present Civil Service Rules contain provisions for multiple
eligible registers when one register does not have enough names on it to be
able to refer the amount of names that a department director is entitled to
interview. All the present rules do is continue that same procedure. The,
existing rules also provide for both competitive and non-competitive regis-
ters and the proposed rules continue that practice because it is one of the.
basic principles in the Charter that there is a competitive service and a non-
competitive service in the City of Miami.
Mr. Eichenbaum: But where do these lists come from? In the current rules
there are certain qualifications, there is a section, and I did not bring it
up previously but there are certain qualifications that non-competitive appli-
cants need to Meet or it is left up to the Civil Service Board to assign :to
them and I was wondering where in all of this you would certify these quali-
fications.
Mr. Krause: Rule V I believe is the one that provides for job announcements,
which contain the qualifications required to apply either for a competitive
examination or for a non-competitive examination. People who meet those quali-
fications would be included on a non-competitive register, those who do not
would not be.
Mr. Eichenbaum: And your office will be solely responsible for assigning
which positions will competitive and non-competitive.
Mr. Krause: Under the terms of the Federal Selection Guidelines,
Mayor Ferre: Any other statements regarding Section 8? If not, we're now.
on Rule 9, Probation. All right, any statements on;9.1? 9.2? 9.3? 9.4?
Mr. Teems: Yes, just a comment that it seems tome the last six should
the City Manager instead of the Director of Human Resources.
Mayor Ferre: In 9.4 you're talking about?
•
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•
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82
JUL 2 4197i
Mr. Teems: Yes, sir.
Mr. Eichenbaum: I have the same objection.
.4 simply records an existing practice., this is the way it is,
Mr. Teems:, But the Manager has the right to hire and fire, right? That's the
Point I'm Making, that's where it should lie.
Mr. Eichenbaum: The rule takes away the Manager and the Board's input into
the process and replaces it with the director again with little guidelines.
Mr. Plummer: Let me ask a question totally unrelated if I may at this point
because the question has been asked of me. Mr. Krause, in our Civil Service
Rules or in these proposed rule changes if a man is a policeman let's say
with some other municipality is there any flexibility in our present system'.
in which that man can be given a priority to be hired by our department? I'm
using the Police Department just as an ,example. As a police officer as long
as the minimum standards are met.
Mr. Krause: The Civil Service Board has authority to permit names to be by-
passed on an eligible register in order to reach somebody who is lower. For
example, if a police officer from another town applied to Miami, passed the
test, got on the register but was not high enough to have his name referred
for interview, the Police Chief if he wished could come to the Civil Service
Board and ask for authority to reach down into the register by-passing names
in order to hirethis person. That procedure would continue under the pro-
posed rules.
Mr. Plummer: The point I'm making. and the case in particular was a man who.
is a Latin police officer with a present department and he asked the question
of me was there a possibility that he could be hired by the Miami Police De-
partment because his department had the same minimum requirements that we did.
Now, is that possible or would he have to go through the entire series of
initial : entry? ..
Mr. Krause:° He'd have to go through the entire series because that
vided for by the Cohen Consent Decree.
Mr. Plummer: Even though he was a minority?
Mr. Krause: That's correct. The Cohen Decree requires the City of Miami to
use an outside consultant to prepare examinations for police officer and for
promotional ranks within the Police Department..
Mr. Plummer: Well now excuse me, did we not receive information at the last. .,
meeting that that which was chosen by the Cohen Decree, namely the University
of Chicago and all the work that they had done for some half a million dol.
lars has now been thrown out as not useful?
Mr. Krause: I didn't say that it was thrown out as not useful, this, is a very
complex kind of an issue and their inter -relationships between the Federal
Selection Guidelines, federal court orders and the Consent Decrees. The City
is still required to comply with the Cohen Decree, we are still required to
use the University of Chicago to prepare our examinations. They are still
required to validate those exams. The thing that is changed by the Federal
Uniform Selection Guidelines that were issued last fall, is the right of
the City or any other employer to use those tests to rank candidates unless
the tests meet a higher standard than what the University of Chicago has been
meeting up to this point. One of the things that it seems to me is important
with respect to these proposed Civil Service Rules is that they will permit
the City of Miami to select both minorities and non -minorities from the top,
of eligible registers without having to abolish the ranking system entirely.
I'm not sure if I'm making my answer clear.
Mr. Plummer: So the answer in the specific case I brought up is no, he cannot.
Mr. Krause: That's right, he cannot.
Mr. Plummer: It just seems like you know if you're trying to get new police-
men and you can save the money of putting them all through the process which.
they've already gone through without duplicating that it would be advantageous
to the City to do such and maybe that problem should be addressed.
Mr. Teems: Mr. Plummer, I can tell you that on Rule 6 it says that promotions
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83
JUL 2 41979
Please explain it.
can be given to employees outside the City of Miami. In other words an
Ocala fireman can come down here and take a Miami lieutenant's test.
Mr. Plummer:.
level.
Mr. Teems:
Well, Don, L thought I made my point that it -was at an entry
Yes, but I,' m saying that under Rule 6...
Mr. Plummer: You're talking about promotions.
Mr.
Teems: That's right, it's saying the same thing..
Mr. Plummer:
Rev. Gibson
Mr. Plummer:
Rev. Gibson: For instance it would not thesame, it would not be one and the
same. Now I did not take that to mean that you would bring a man in from ;°an-
other police department, another municipality and promote him. Is that what
you're telling me?
Okay.
I don't believe they are.
Wellno, they're not the same thing...
Mr. Krause: No, sir.
Rev. Gibson:
Mr. Krause:. There is a provision in Rule B.15 that:deals specifically with
promotions within the -Police Department and another rule, 8.16 which specifi-
cally deals with promotions within the'Fire Department
Mr. Teems: You see, Reverend Gibson, let me explain. Let me read 6.2 in the
area I'm talking' about. All right, about half way down where it starts promo-
tional examinations may be competitive or non-competitive, may be limited to
a single department or subdivision thereof. While vacancies in higher posi-
tions shal]. as far as practicable be filled by promotion from advancement from
lower positions the Director of Human' Resources on recommendation of the City
Manager may direct that such positions shall' be filled by examinations open
not only to City employees but also to other qualified persons. Now that's
on promotional exams within each department. Now to me that means that if
an ocala firefighter wants to take a lieutenant's test in the City of Miami
that if. the Director of. Human Resources and the Manager says Ok they can do
that.
Rev. Gibson: 1 would understand taking an examination for promotion for some
position but I don't think they would have the mitigated gall to do that with
the Police Department, I.don't think they would have the mitigated gall to
do it with the Fire Department. All of us, I included would So let's
be reasonable. (1) That the rating we have, we aren't going to take any
chances on guys coming here from Chittlingswitch that may not even know how
to put up a ladder and then lose our rating, we aren't going to do that be-
cause we hay...too much involved. Okay? By the way, let's forget that. Look,
could only say this: I may not be here for three or four days or another day
but I promise you as long as I'm here I'll see to that. Okay, and I would
think that the way we, I would think with the problems we have in the City
these aren't so important.... So let's forget that.
Mr. Teems: Yes, I agree, Father, I wouldn't be a policeman in the. City of
Miami for any antount of money - no way. Of course, they say the same to me..
Rev. Gibson: Even so:I think, our requirements and standards are of'such, now
we may go with being the Assistant City Manager or you know, and I think that
is a'little different story or we may go for an engineer
Mr. Teems: Yes, sir, and I'd buy that, I have no problem with that but they're
talking about promotional exams. All these assistant directors and assistant.
city managers, they don't take exams. They're in the unclassified service.
Mayor Ferre: All right, anything else on Rule 9? We're now on Rule 10,
Employee organizations. Okay? No problems with 10? 11?
Mr. Eichenbaum: The only objection that we have is that there is the allow-
ance of transfers without the current requirement of Board approval and a com-
petitive examination if assigned to other work for more than 30 days, both
of those are left out of this document.
.4.
84
JUL 241979
Mayor Ferre: All right, Mr. Krause, any answer?
Mr. Krause: Under the present rules the City Manager has the unrestricted
right to make job transfers. The proposed rule does not limit that author-
ity. The one thing that the rule does is give broader authority to the Civil
Service Board because at the present time an employee may only transfer to
another job that is in the same classification that he presently holds. The
Justice Department in its letter to us asked the City of Miami to open up its
job transfer procedures so the change that was made in this rule to meet that
objection of the Justice Department was to provide that the Civil Service
Board itself may authorize an employee to transfer to a job in a different
job class if that class has similar or equivalent qualifications and pay.
Mayor Ferre: Okay, anything else? We're on 12 then. Rule 12, Layoffs, Resig-
nations and reinstatements.
Mr. Teems: Yes, sir, 12.6 and 12.7, both of those are responsibilities of the
Civil Service Board, entrance certification and also an employee who has been
determined by the Ret.irelnent Board to be disabled and he elects to take another
position within the City should be cleared through the Civil Service Board and
not through the Director of Human Resources.
Mayor Ferre: Anything else?
Mr. Krause: The changes that are provided in this rule sole]Y deal with main
taining the eligible registers and layoffs and referring names. Those regis-
ters are now maintained by the Department of HunIan Resources in accord with
ordinance No. 8526 and the only changes that are made here would be to make
the practice consistent with what the rule says.
AIP
Mayor Ferre: All right, anything else? That was 12.6 and 12.7. All right,
then hearing nothing else we're on Rule 13 which is service ratings. Are
there any comments on that? 13.1, 13.2?
Mr. Eichenbaum: I'have a problem with the acceptable level standard in Rule
13, 13.2. That is a vague standard again, absolutely no description of what
an acceptable level is.
Mayor Ferre: Mr. Krause?
Mr. Krause: That is an existing provision of the Civil Service Rules. The
only change of substance in this rule is to say that the ratings will be made
on forms developed in the Department of Human Resource
s .
Mayor Ferre: Is there anything else? •
Mr. Eichenbaum: The problem is though that the rating is made by the DIreCtOr
on forms prescribed by the Director of Human Resources and I don't think it
provides for any type of uniform standard which it would be in violation of
the Charter.
we're on Rule 14. 14.1? 14.2? Grounds for dismissal, suspension and demotions.
Mayor Ferre: All. right, do you want to respond any further? All right, then
14.3, appeal to the board?
Mr. Krause: All of Rule 14 is quoted verbatim from the present rules.
• Mayor Ferre: 14.4, 5, 6, 7, 14.8...
Mr. Teems: Mr. Mayor, I don't have any problem with Rule 14 at all.
Mayor Ferre: You don't have any problems with Rule 14 at all, anybody else?
We're now on rule 15, Hours of Work, Attendance and Leave, any problems there?
No problems, then we're now on Rule 16. This is on page 64, Grievances and
Abuses, any problems on Rule 16?
Mr. Krause: There's no change in that rule either, Mr. Mayor. I probably
should point out, however, that many of the concerns about abuse of discretion
or making arbitrary or capricious decisions would be protected by this rule
which says that whenever anybody alleges that there has been an abuse of
power they may bring the complaint to the Civil Service Board. That's an
existing provision that would remain in effect.
Mr. Eichenbaum: I don't think that really adequately answers the vagaries of
the proposed amendments by saying that they can be brought up later on, a law
85
Jul. 2 4 .1919
is either clear on its face or it's not, it either has standards or it doesn't
and the fact that there aren't one and there is later recourse doesn't make
the law valid.
Mayor Ferret
Okay, Rule 17, Prohibited Practices, any problem there?
Mr. Eichenbaum:,. I have a problem there with respect to the extent that it
attempts to modify the Consent Decree .which again has not been held to be
valid.
Mayor Ferre: That's a matter to tell before the court when it finalizes.
Rule ,16,,Change of Rules? Rule 19, Regulations? That, ladies and gentlemen,
covers the pending ordinance amending Civil Service Rules. Now, under general
discussion the Chair will recognize any members of the Commission for further
questions or comments. Mr. Plummer, we are now through Rules 1 through 19,
the Chair will recognize any persons for comments or further questions in gen-
eral Are there any, furtheramendments to be made? If not, is there a motion?
Mr. Plummer: Mr. Mayor, you're
been proposed before us here as
Mayor Ferre: I'm talking about
as amended which is before;' us.
speaking now, of course,
proposed' amendments
to that which has
Item' 1, an ordinance repe
aling ;ordinance 6945
Mr. Plummer: All right, I; assume we're ready and now prepared to go back and:
address those problems as outlined by the Reverend.
Mayor Ferre: That's not what Father Gibson said but I'll do whatever....
Mr. Plummer: Well Father said we were going to follow an orderly. process and
that at theconclusion of which we were then undertaking we would comeback
and address the problems that were outlined, and Mr. Mayor, I would say it
definitely demands an answer.
Mayor Ferre: Oh, I think there's no question about it but I.t:ink it is
chicken and egg situation - dowe do this and then address that or do we ad-
dress that and coxne to this.
Re
.'Gibson: What was that? I didn't get it.
a
Mayor Ferre: I said, it is a chicken and egg situation, do we do thisand
then go to the Affirmative Action Rules or do we do that first before we do
this?
Rev. Gibson: Mr. Mayor,.I want to put my position on the table. I'm not.
ready to deal with Affirmative Action, I'm ready to.deal .with this Civil Ser-
vice change now.
Mayor Ferre: The Chair recognizes Father Gibson for
the purposes....
Rev. Gibson: •And once you deal with the Civil Service change you could
put Affirm4t.iveAction in. place. Let me go a little further. One of the
reasons I was very careful in suggesting to the Commission that the procedure
ought to be you deal with the facts before you, Affirmative Action was not
readyfactually, a factual situation. You were dealing with change 1, 2, 3
4 and 5 in Civil Service. Either you want these changes so that you could
deal:. with that large or broad thing or you don't want to. I suggest that all
of us can concede that Civil Service is of such that you are in need of major
surgery. I want to repeat that for the record, that you are in need of major
surgery and you don't get major surgery by you know pulling a tooth, you have
major surgery, you have to open up. That's what you do, you open up the body
and I suggest that we could deal with whether the board ought to report to
the Commission or whether the board ought to report to Mr. Grassie in due
time or I would suggest this, I would agree to this, that either way you go
you're going to have to deal with this business. And I don't want to confuse
them. I want to make sure everybody understands so that you know you can't
say, "I really didn't understand that when I was voting". I want to make a
further comment. You know I've been on the side of the unions, the unions
can't say I'm not fair, I try. I want to tell my union brothers. You remem-
ber when Mr. Grassie didn't want to find that money? I was the one guy who
came up with the idea, do you remember that? I'm still loyal. I want to
tell you this: You have to cut the mustard. I don't know what you all know
about cutting the mustard but that means you've got to cut that mustard. I
just believe that we've got to face it. Now to tell me that you are going to
get these changes the way we have been living is not being realistic, not be-
ing realistic. The counsel said some Bing that I want to remind you of. I
JUL 2 41979
rt
want you to know I haven't said nothing hardly while you were doing this, you
know. One of the reasons the judge said what he said, and counsel, you don't
know this - I went to law school for one day. Okay? The reason the judge
said what he said is the judge said he doesn't plan to come down here and run
the City government for us.+ He said it is only when there is a controversy,
when we violate the rights as brother Teems said earlier that's why I wanted
to make sure that if we go to court with one set of rules the judge takes the
case in this hand and says well, let me look at your rules. Isn't that pretty
good, Counsel? He said let me look at these rules. Now these rules give me
certain inherent rights. These rules divest me of them and I play the game
by another set of rules all together. That's what Mr. Krause is saying in
his presentation, that the rules that you play this game by, these rules make
it impossible for you to accomplish Affirmative Action, get upward mobility
because if you do by these rules in City government as we do in the church
the guy who has been there oldest and all that thing and helped to run the
church - don't tell them I told you that - they get the first consideration.
Right! Right! Tell them I'm going to expose the church, it is the truth.
Even if you go looking for a bishop, man, they don't go and get an unknown,
you go get you a known, a guy with experience who has been , that
you know passed the test and went through the seminary and all that and then
if he made the highest score hopefully sometime you assume he could preach.
Let me digress to that position. The Phi Beta Kappas who finished the semin-
ary turned out to be the worst preachers we had - they just can't preach and
you could take the middle guy in the class and he comes out and he sets the
world on fire. That's what he's talking about, that not always does the num-
ber one man make the best fireman, not always the number one man make the
best policeman but maybe somewhere down the line between, for instance, if
75 is the cut-off it shouldn't make any difference whether he is 75 or 100,
anywhere between 75 and 100 you should get a guy you're saying that that
guy ought to be able to perform. Isn't that what you're trying to say, Mr.
Krause? Beautiful. - You see now, I wasn't as polite as he who said that..
What was that?
Mr. Krause: I believe factually inaccurate, sir.
Rev. 'Gibson: .Beautiful, factually inaccurate, factually inaccurate.° Man,
that's as :polite a way of calling,. you a liar I've heard in a long time.-
Mr..Teems:`. 2.agree with you Reverend, 1 don't have that much class.
Rev.`Gibson: I want my. fellow: Commissioners and Mayor to learn that term and
instead of doing what you've been doing like you did last
Mr. .".Mayor' can I stun up? I'm sorry, I didn't know that you gave
us the right'to, I.think you did and 'missed it.
Mayor Ferre: Sure,
you always have that right.
Mr. Teems: All right, I'd like to sum up this whole thing as far as I'm con-
cerned, the way I see the whole package. The Charter of the City of Miami,
Sections 60 through 71 contains the authority from which the Civil Service
System is created to regulate the employment and promotion opportunities
among its employees to give the utmost of service to the citizens of the City
of Miami. The reason the citizens of the City of Miami created a Civil
Service system and put it into their Charter was to do away with political
favortism in hiring and promotion. In the Fire service back before Civil
Service in the Fire service we had what we called "pewter badge promotions"
and I think, Father, maybe you would remember those. What they were was you
know you were a chief one day and the next political election you might be a
private the next. So that was the intent of the Civil Service, to do away
with that kind of promotion and in -hiring political favortism. In implement-
ing Civil Service the Charter first created a five member board, three members
appointed by this Commission, two members, the minority members appointed by
the employees with Civil Service status. This board is charged with estab-
lishing and enforcing a set of rules and regulations providing for appoint-
ments and employment in all positions in the classified service based on merit,
efficiency, character and industry which shall have the force and effect of
law. I suggest to you that these proposed changes are an illegal delegation
of the Civil Service Board's Charter responsibility to a person who isn't even
responsible to them. If the Civil Service Board members who voted for the
changes don't want to accept their Charter responsibilities I say let's fire
them and appoint some that do. I am told that these changes need to be im-
plemented in order to affect Affirmative Action in the Consent Decree. In re-
gards to Affirmative Action, this Commission created an Affirmative Action
87
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JUL 2 4 1979
Board to oversee Affirmative Action in the City. The first thing our City
Manager did was to put the board under guess who? The Director of the Depart
ment of Human Resources. Their Affirmative Action Officer must report to
the Director of Human Resources. The only information the Board gets is what
the Director of Human Resources decides to give them. The Board members are
frustrated every time they try to act. The EEO Officer is the Director of
Human Resources. CETA is under the Director of Human Resources. I would re-
mind the City that had they followed the employment guidelines of the CETA
Act the City employees under the CETA Program would have met the Civil Ser-
vice requirements for their jobs and they would not have had the problems
with CETA requirements that they did under the Director of the Department of
Human resources. On the comment stating that the Civil Service Board is a
lay board and not qualified to set job requirements I would like to remind
the Director of Human Resources that a professional staff has always made
recommendations to the Board for job requirements and this has been done pub-
licly so as not to discriminate against anyone. By using their 1r;.Lc of lay,,
board I suppose that they would contend that thib Commission is a lay commis-
sion and draw the 'sane conclusions. In conclusion, . I believe that the trans-
fer of power to the Director of Human Resources is a violation of the Charter.
It cannot be justified on the basis of the Consent Decree because it neither
resolvesproblems or addresses itself to the areas which were of concern to
the Consent Decree. In fact, it, may have an adverse affect on the Consent
Decree. I believe these rule changes constitute plain grab for power dis-
guised in noble progressive. garb. I oppose them because I believe that the
rights and duties of all employees current and future can, best be handled by
a good effective Civil Service System and not by a return' to the political
favortism and unilateral one man power brokeraging.
Mayor Ferre:' Let merespond to that by just reading statements that have
been made to us during the course of today,, two paragraphs. One is the state-
ment made by NAACP Board Chairman, Margaret Bush Wilson which was read to us
by Jackie representing; Spence recommending that we adopt these rules and this
is what. Margaret Bush Wilson said, I, quote: "Title vII of the Civil Rights
Act does permit industry and government to correct a past history of racial
discrimination by developing programs that give fair advantage to disadvantaged'
minorities." Then we had Mr. Joe Murphy of the Metropolitan Dade County Com-
munity Relations; Board and we still have a representative that is present
here. (1) The proposed changes in the rules would not eliminate the overall
authority of the Civil Service Board and should not result in nepotism and
polarization of city employment.' Dade County and the City of Coral Gables
does not have a Civil Service Board with day to day authority as the Civil
Service Board of the City of Miami and there is no knowledge of any problem
of nepotism or politization of City employment. (2) The managerial responsi-
bility should be placed in the Department of Human Resources so that by line
authority it can be held accountable to the City Manager, to you and the United
States Justice Department for Affirmative Action. (3) The record shows that
theofficeof the City Manager should achieve better affirmative Action based
upon past performance of his office regarding unclassified and non-CETA posi-
tions - and that's a rather kind way of putting it, they could have also put
it in reverse and that is that the past system hasn't shown much of a track
record. (4) There is no information that the present employee organizations
would be successful in supporting Affirmative Action under the present system
in all departments at all, levels. It couldn't be more specific than that.
(5) The proposed Civil Service Rule changes do not constitute a total revi-
sion and are limited to steps necessary to achieve Affirmative Action. (6)
The question as to whether the City of Miami should adopt Dade County's person-
nel system is not relevant. And finally he closes this way. He says we have
appeared before you, the Supreme Court of the United States in Weber vs. Kaiser
Aluminum has supported the proposition that you, the City of Miami could adapt
an Affirmative Action Plan which will result in all positions of City employ-
ment to reflect the ethnic distribution within the City. The Commission is
an example of such a representation. We believe that the adoption of the pro-
posed Civil Service Rule changes is a necessary first step. So we've got a
long way to go but I'll tell you if this thing passes I want to say that this
is a major break through and a major change for the first time in 44 years
that after a long struggle we have broken through, and Father, you were here
once before. You've been here before and I hope that future days when we talk
about the leadership that you gave this community during the difficult days
in the 60's for integration that what I think is going to happen here will
also be remembered as a major break. through in Affirmative Action in this com-
munity.
Mr. Knox Mr. Mayor, may I read some information into the record for your bene
fit, for the benefit of the Commission?
Mayor Ferro:
sir.
88 JUL 24 1979
p
Mr. Knox: I am reading from the transcript of a hearing that was held on
June 1st, 1979 before Judge Joe Eaton at which hearing there appeared Squire
Padgett on behalf of the Justice Department, George Knox on behalf of the City
of Miami and Joe Kaplan representing the International Association of Fire
Fighters, Irving Weinsoff representing the Fraternal Order of Police, Jerome
Wolfson representing Homer Lanier and Jesse J. Mc Creary, Jr. representing
the Miami Police Community Benevolent Association. Judge Eaton said the fol-
lowing things at that hearing: "Nothing in this decree so far as I have read
says that henceforth the City is enjoined from changing its internal struct-
ures to abide by this decree. They might abolish the Mayor form of government
and put in some sort of horrible system and change the entire structure of the
City government and if they abide by this decree there is nothing in the world
that this court can do about it." Second thing, whether or not the City
changes its internal structure 100% does not have a thing with this court's
business unless that change violates this decree. The third statement by.'.;.
Judge Eaton, I do not care how much the City amends its governmental struct-
ure, it is none of this court's business unless it directly relates to this
court's approval and order in this decree and if they change it to complywith
the decree they have a right to. If they change it in such a way that it vio-
lates this decree then they don't have a right to as I understand the law.
And finally, some things they say we have to do because of the Consent Decree
may be entirely correct and I can do no more in advance of their action, I
can no more in advance of their action tell them whether it is correct or not
than can tell you whether what they say is true or not and I think we have
laid that to rest now. That's the end of the quote.
Mr. Mayor, may I just summarize the position of the FOP quick -
Mayor Ferre: Go right ahead.
Mr. Eichenbaum: Our major problem -is that basically the Civil Service Board
is being emasculated and the whole system is being emasculated, a system that
arose out of abuses And by patronage. Under the proposed rules the Director`:'
of Human' Resources now has all the power and he has all this power in viola.
-
.tion:of the specific Charter provisions. Secondly, those powers that he has
are vague, there are no standards, there is nothing to guide him by, nothing.
to tell anybody what he is supposed to do or how he's supposed to do it.: Now
I agree with Reverend Gibson that the man that scores highest on the test
isn't always the fittest person but we've got to have some other way other
than a test to determine that fitness. These proposed amendments don't have
any of those guidelines on how we determine other than by test if the man is.
the` most' qualified and I think they'd fail for that reason. You've got to
have some other, what are the other elements that go into determining if this'
manis more fit, than the man that scored number one on the test? There's
nothing, in there other than the discretion of the Director at his best inter-
est'and the interest of the City. Those are so vague they're meaningless.
It invites patronage. The last argument is just that it's premature, we have
a Consent Decree, that's on appeal in the 5th Circuit, the City is basing these
amendments, in part on the validity of a Consent Decree - we don't know if it
is valid, we,.don't know if any part of it is going to be valid and the Weber
case clearly doesn't support the Consent Decree because the court in the init-
ial language specifically ruled that they did not pass on the question of
whether -`or not if state action was involved whether or not there would be a
violation of the Equal Protection Clause. So Weber did nothing as far as this
Consent.Decree is concerned because any action with respect to the Consent
Decree'or these Civil Service Rules would involve state action and would bring`
up a question ofa violation of the Equal Protection Clause.
Mayor Ferre: Counselor, I might answer you by saying there used to be an old
statement about Brazil that Brazil was the land>of the future and always will
be and I might say thatas far as the FOP is concerned all these actions are
always' premature and always will be.
•
Rev. Gibson: Mr. Mayor, let me make an observation. One advantage of the
Affirmative Action Board or should be anyway is perhaps you might be able to
reduce the bargaining stance, that (INAUDIBLE) business you're talking
about. One of the reasons I wanted the Affirmative Action Board to report to.
the Commission is that we would have known where that patronage business was
going on and I'm going to deal with Affirmative Action at the opportune time.
If you are to have affirmative action and if you are to have upward mobility
you will never get it by the highest score achieved, it doesn't happen. You'll
hever get it. Let me tell you all this so that everybody could know where I'm
89
JUL 2 41979
coming from. I've lived 64 years and I've lived under some unusual circum
stances and every once in a while people ask me about them. Let„me"tell you
one. When I finished the seminary - or let me back up, I happen to have been"
a pilot for this community, happen to have been and glad that I was h am.
I went to Booker T.. Washington High School, finished Booker T., St. Augustine's
College, went to Bishop Payne's Divinity School, I. went to all black schools.
In the Episcopal Church they have black and white clergymen and people. Okay?
We have one board, not a single guy on the board - not a singular sign of a
black, not one. You're talking about now, I'm talking about 39 years ago. —
Okay? I finished school and I was ready to take my examination for the minis-
try. We all had to take the same things, Greek, Hebrew, Latin, I happened to
do it just like anybody else." There was three of us that year that had finish-
ed the seminary, one white boy went to :Virginia Seminary, they're in Alexandria,
Virginia. One white fellow went to a.University out there in
Chicago, you know Evanston. I went to the all black school. The white boy
who went to Virginia Seminary learned the examinationwas going to be taken:
and he said no, I'm not going to take my examination withthat black. I didn't
know' that, "I wasn't privy to that. So what happened? I had to go and take
my exam, this was in Wilmington, North Carolina. I went and took my exam on
Monday, on Tuesday the two white fellows the one froni the University and.
the one from Virginia Seminary took theirs on Tuesday.` I was on Monday, they
were on Tuesday. We were a day separate. Naturally"I` wanted my ordination
in the evening, they wouldn't ordain all of us together but even if they did
I wanted to be ordained where the people knew me and where I was most comfort-
able I guess. So we were assigned, as God would have it we were assigned to
the same City. I didn't know that and they didn't know it. The first Sunday
morning I showed up in the city I decided I'd walk around and I ran into this
white.clergyman and I said, "My name is TheodoreGibson." and he told me his
name, and I'm not going to call his name so he wouldn't have to bear no blame,
I don't..... So he. says, "Oh, You're Theodore Gibson?" I said, "Yes."
He says, "Are you ,that fellow" the examiner told us about?" I said, "What was
that?" He says, "Well, they told us that you were one of the smartest guys
they had ever had come before them`in''many'years." 'I said, "Do you mean to
tell me'youall had an examination on another time?"' He said, "Yes, you had.:
yours on Monday, we had ours on Tuesday." He said, "What happened was I didn't
mind taking myexam with you but th� white fellow who finished the Virginia
Seminary didn't, wantto take it with you and so we had to ask for separate:
exams." He said, "But they;toldus that You , they said what happened was
that this white boy did sopoorly who was from Virginia Seminary that they
shamed him by saying. you didn'twant totake the exam with that black fellow
but you know what? That black fellow was one of the smartest we have examined"`
around here :in"a long time. Do you know what happened? I missed one question,
and the. missing of the question was like this, I used the word - and I want
you to know how good I' articulate, around here - I used the word I learnedto
believe in the Godly Father who has sanctified (fied, past tense) and the
theo].ogical interpretation was and is sanctifieth which is a continual Movingt
and living and experiencing and not stopped.
Mayor Ferre: Sanctified what?
Rev. Gibson: Sanctifieth, e-t-h, continual going, growing and the examiner
said this to me, I didn't know why he said it then. He said, "If.anybody
else had made that mistake'I would have forgiven them." Poor me, ignorant
me, I did not know why. I found out about three weeks later after the ordin-
ation why. I'm saying to you men and women,'I told you that story to let you
know ..that ,I understand and I think that we are afraid of what you don't have
to be afraid of. I understand your anger but I want to tell you all is
going to be well. All going to be well, my brother, and I want to promise
everybody here today forthwith a pronto that any change that we effectuate,
if we find out that the change is not going to address the problem and the
issue I will be right back here preaching and holding the feet of this Commis-
sion to the fire. I have some concerns just like you about whether or not one
man ought to have all the power but I'm willing to try. Mr. Mayor, if I'm in
order I'd .like. to offer a motion that we pass the proposed amendments on sec-
ond hearing the City of Miami Civil Service Rules and Regulations.
Mayor Ferre:
Rev.
You mean ordinance.
Gibson; Pass the ordinance, yes.
Mayor Ferre: All right,
Mr. Lacasa: Mr. Mayor, I'm going to second the motion which.
privilege to second a motion made by Reverend Gibson who for
i
rt
90
JUL 2 41979
has been a real leader in fighting for Civil Rights and Equal Rights for
everybody. I do believe that for the credibility of the City of Miami it
is essential that we take this action today. Still, I think that we have
a long way to go. I myself have certain reservations that I will express
afterwards but for now I second the motion.
Mayor Ferre: All right, it has been duly moved and seconded, is there fur-
ther discussion on the motion as made on second hearing?
Mr. Plummer: Mr. Mayor, I'll interject my comments. I'm sure as most times
in the past regardless of what, is said it will be interpreted by an individ-
ual as he sees fit. Mr. Mayor, I; havesaidfromthe onset of all of these
hearings which go back as long as I have sat on this Commission that, in
fact, Civil Service Rules needed changing, they needed up dating, they need
modernization. I see the action of today as just really, in fact, the push-
ing further of a system which has not worked.I truly believe, Mr. Mayor,
when you were the very one who proposed the Affirmative Action Board for the
purposes and by ordinance, not by resolution but by ordinance made this board
to assist this Commission in implementing the areas of Civil Service, Affirma-
tive Action, the Consent Decree, etc. and etc. We have seen a masterful inan-
euvering to divert the intent of this Commissionorwhat I thought was the
intent of this Commission. For what it's worth, if this motion were to be
separated into two parts, the first being the Civil Service Rule changes I
could vote affirmatively but when you couplewith that as contained in that
which has been presented to us delivering all of this power to a single indi-
vidual I must then vote in the negative. I know of no other board, no other
important decision making that is done in this City. that.is not done by a
balanced board. I<see this situation keying around one word, and I have said
this fromthe day go, that in the Consent Decree the wording is used "':3emon
strablysuperior" and you can ramify off of that all that you wish. And I'm
not ready to put that ability or allow an individual to be God -like in his
decisions of making that decision by one individual whoever he may be. As I
have said before, every board in this City, even yesterday when we created
the Economic Development Board we went to every extreme to get fair respres
entation on that board. We did such in the Affirmative Action Board. I am
not now nor do I feel I will be ready to hand over that kind of power to
one individual especially when that individual is not directly responsible to
the people whose neck is on the chopping block, the Commission. If, Father,
and I'm not asking you because I can read between the lines.
Rev. Gibson: Let me help you. I`have some concerns, you won't have a prob
lem withrme,'and I just want to. change it and then if you problem is who will
hold the power you know I'd be willing to separate so that you could decide`
who that power goes to.
Mr. Plummer: Well, but you see, Father, when you make your motion of today
you've ;already transferred the power - you've already transferred that power
to the Human Resources Department Director, you've already done that. Okay?;
Now, if what you're saying to me is, as a comment that was made to me before,
do anything but just do something to me that's what's being done.
Rev. Gibson: I didn't hear you.
Mr. Plummer: Father, the comment was made to me before that said, "Do any-
thing, but do something".. Okay? I can't agree with that. I have said to you
from the onset of these hearings today that I think it gods hand in hand of
where that power is vested, I think it is crucial where that power is vested. -
If we see, Father, and to the rest of the Commission, that this Commission
establishes a policy and yet someone is able - whoever that someone may be,
and it was spelled out here pretty clearly without mentioning the name, who
came before that group that we vested this authority by ordinance and supposed-
ly made "Pope -like decisions, this is the way it's.going to be" contrary.to
what this Commission had established yet you are placing that power in the
hands of a man who is directly answerable to him. I don't for the life of me
understand how you can expect this Commission's policy to be worth a damn
when somebody can go behind and directly change the policy and intent of this
Commission yet you're making a motion today to deliver the power to that man
who is not answerable to us. It is pretty clear, I gave each one of you a
copy when this change came about, October 26th, 1977. When this thing was
changed to supposedly go through channels Mrs. Gordon said to the man who was
proposing it, "Is it changing the concept in any way at all from what it was?"
The answer, "Simply strengthening and expanding it from their point of view."
"Does this come with their recommendation, Mr. Manager?" "Yes, sir." Now,
you know Reverend Kirtley I guess when he stands before this Board is a human
91
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JUL 24 1979
individual, he's not a reverendbut as
(1) They were never consulted which is
He answered Mrs. Gordon that it didn't
wagging the dog.
Mayor Ferre: J. L. I completely....
Mr. Plummer: Mr. Mayor,
far as I know he's a truthful man:
what he said before this board. (2)
change anything, but it was the tail
I have made my points, .
Mayor Ferre: I completely agree with yourright to feel the way you do, how-
ever, I think we have to be very careful not to confuse apples and oranges.
Now what we have before us are a series of Civil Service Rules. You're talk-
ing about the arrogance or the accused arrogance or the supposed arrogance
of the City Manager and I think the reverend has an absolute right to make
that accusation. I'm sorry Joe is not here to defend himself, the man,. as
you know had a high fever this morning, he could hardly stand up and I'person-
ally asked him to just go home and go to bed. Now, the real crux of the mat-
ter, and I go back to what the Con¢nunity Relations Board said, the proposed,
changein the rules would not: eliminate the overall authority of the Civil
Service Board and should not result in nepotism andpolitization of the City
employment. That's the crux of the matter. Now, what we've had upuntil now
has not worked, in my opinion it hasn't worked, now there are those here who.
feel that it has worked. Now, to me it's just this simple. I'm not saying
this is the panacea or this is an ultimate solution, what I am saying is that
I;hope that this will be a good positive change and certainly' this is not the;,
final, this is not chiseled in stone, any ordinance tha} this Commission passes
this Commission can unass.and if next week or two weeks from now it is the
will of, this Comxnissiofl to change this ordinance we will change it. I submit
to you that weshould proceed, a motionhas, been made and duly seconded....
Mrs. Gordon: Is it a motion or an ordinance,you're talking about?
Mayor Ferre: An ordinance was read, it was on second reading. This is the
second reading of that ordinaflce, it was moved and seconded. Now, is there ,.
further discussion?.
Mrs. Gordon:
Does there have to be a reading o
Mayor Ferre: Yes, I'm going to a
cussion? Read the ordinance.
an ordinance?
k him to read it in a moment.. Further Dis.
Thereupon the City Attorney read
record.
Ferre: Further discussion? Call the roll.
Mayor
AN ORDINANCE ,ENTITLED -
the proposed ordinance into the public
AN ORDINANCE REPEALING ORDINANCE NO. 6945, AS AMENDED,•.
IN ITS ENTIRETY, AND SUBSTITUTING THEREFOR, A NEW=ORDIN-
ANCE APPROVING A NEW CODE OF CIVIL SERVICE RULES AND
REGULATIONS AS HEREINAFTER SET FORTH; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.,
passed on its first reading by title at the meeting of May 24, 1979, was
taken up for its second and final reading by title and adoption. . On
motion of Commissioner Gibson, seconded by Commissioner Lacasa, the Ordinance was
thereupon given its second and final reading by title and passed and
adopted by the following vote -
AYES: Rev. Gibson, Com. Gordon', Com. Lacasa and Mayor Ferre.
NOES: Com. Plummer.*
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.
oft. Plummer: For reasons previously stated unfortunately :I must vote no.
*xs. Gordon: First let me state, J. L., the man against whom you have the
true gripe is the Manager and, in fact, the right action for us is to call
him before this Commission to answer the charges why he has violated our di-
rection. Now, regarding the ordinance before us I have considered all the
facts, the pros and the cons on the issue, I have weighed these facts heavily.
I recognize that these rules are not in compliance in many ways with the Char-
ter, that the Human Resource Director is obtaining a position of tremendous
power which he will have to handle very judiciously and with great integrity
8977.
rt
92
JUL 2 41979
and without patronage. If the implementation results-ini'violatior►s''. of
trust there are remedies. If the. rules don't work they can be repealed'.
I will vote with the motion:
Mayor Ferre: I congratulatemy fellow Commissioner, Rose Gordon, that after
months and months of fighting this she finally hasseen the light and she has
voted with the motion and.I welcome her, and I vote; along with the motion.
Mr. Plummer: Mr. Mayor, may I ask just for clarification? I guess really
I'm asking Father or other members of this Commission, rather, you spoke of
dealing with the other problem later, do you intend for later with the other
problem to be at the next meeting?
Rev. Gibson: Mr. Plummer, I would do whatever is the wish of the Commission.
Let me:say -this (INAUDIBLt). and I would MoOpe that'we would
want to deal forthrightly with that.
Mr. Plummer: Well, Father, that wasa different problem. The problem that I
really wasaddressing, You. said that you had ,great reservations in reference
to where the,powerwas being transferred which indicated to me that you want
to deal with that asan individual situation.
Rev.
Gibson:
Yes,' sir.
. Plummer: Now that's the point I was getting to.
Rev. Gibson: Oh, you mean that part of it.
Mr. Plummer: Yes.
Rev. Gibson: Look, please, everybody understand I want us fair with the employees
of this City without little difficulty threat or.harm as possible.
Please understand that. I would want if need be, Mrs. Gordon made a very
significant observation. If by the next meeting we discover that the line of
authority ought to be changed so as to minimize that nepotism and patronage
and all: of that 1 have no problem. An I speaking to the part that youwere
concerned about?
Mr. Plummer: Father, you know I'm sitting here listening and agreeing with
you and guess really all I'm saying is that had you held your motion until
that matter was resolved I could have voted differently and I'm at a loss to,
understand how you're going to - you have, not you're going to, you have made
this change and yet one of the main points of this change you're going to
discuss later. Now all I'm saying is, Father, that I would like to leave
here with the assurances that this matter is not going to be forgotten, you
were the maker of the motion and I would hope that at the earliest convenience
these great reservations that you have which I seem to share is going to be
brought back before this Commission as soon as possible. I'm trying to set
a date.
Rev. Gibson: I'll tell you what, I'm not adverse,
Mrs. Gordon: Set a date for a meetingand call the Manager
Mr. Plummer: Rose, you're confusing the issue, please.. I
about the Manager. Rose, you're speaking of another....
Mrs. Gordon: I thought your gripe was with the Manager
thathe.....
Mr. Plummer: Rose, you're speaking of another.... No. Rose, you're speak-
ing... Please, we can deal with that problem and I have no problem. I would
like, of course, that a copy, and I'm sure of Reverend Kirtley's statement
will be given to Mr. Grassie and I would hope that he would take the opportun-
ity of answering it in writing. That's one problem. I'm talking about that
which Father expressed great reservations, that's a separate problem. Now, all
I'm saying to you is, Father, I'm not trying to force upon this Commission, I
just don't want it to be forgotten.
Rev. Gibson: J. L., I want to give you every assurance. When I expressed
my reservation I meant every word of it and I tell you before you leave let's.
make sure we understand. I would hope that dealing with the employees of the
City we will deal with a good management concept. For instance, I think that
is self-explanatory - a good management concept and anything short of that I
think we would be defeating our purpose. We want somebody who is answerable,
JUL 2 4 1979
rt
we want to make sure that that person is answerable for any and all those
actions. I'm concerned.
Mrs. Gordon: I need to know why you don't want to have Mr. Grassie here at
a Special Meeting, I ask you, Mr. Mayor, to call that meeting and to call
Reverend Kirtley and the Affirmative Action Board here for a full and thor-
ough discussion. I mean everybody is griping and nobody wants to bite the
bullet. I think it is high time to bite the bullet. It is a procedure that
you set up today but it's personalities that you're griping about so, there-
fore, you've got to bring those personalities here and get this matter straight-
ened out once and for all. Either the Commission's authority is going
e
respected or else, that's the way I look at itl This Commission has been
made a laughing stock by the Manager.
Mr. Plummer: Well, Father, your word has always been your bond, it will con-
tinue to be so in my book and I'm walking out of here with the assurance that
this matter is going to be pursued, that's all I want to hear.
Mr..Lacasa: J. L., I want to tell you that I share the same reservations
that you share, when I. seconded the motion I expressed those reservations and
I also commit myself publicly here and for the record to pursue this matter
on the question of the authority.
Mr. Plummer: Fine.
Mrs. Gordon:; I didn't hear your comment at the end, Lacasa, what did you say?
The last part of your sentence.
Mr. Lacasa: That I commit myself here publicly and for the record to pursue.
this matter along the same lines as Father expressed and with the same con-
cerns that J. L. expressed.
Mrs. Gordon:. You mean the matter, of turning; it over to the Human Resource
Director,Lacasa? Excuse me, Mr. Mayor, I'd like to know what Mr. Lacasa is
referring to. to the Hunan Resource Director's control or to the Manager's
not paying attention to our direction with regard to the Affirmative Action
Board, which of those two things are you talking about?
Mx. lacasa: At this point, Rose, what I'm concerned about, as I expressed
before and as I expressed on the First Reading of these proposed changes, and
now are changes, my concern is with the authority vested in the administration
and what I want to find is ways that we can make sure that the implementation
of these newrules that we have do not give an uncontrolled authority to the
administration over the Civil Service Rules of the City of Miami.
Mrs. Gordon: What I, said in my little talk preliminary to my vote, is that
what you're referring?
Mr. Lacasa: More or less.
Mrs.
You're referring to that.
94
JU
2 4 tarn
14. MWUD SECTIONS, 5, 6, 7, 8 OF ORDINANCE 6145, SUB-
STITUTE NEW FEES: BUILDING - PLUMING - ELECTRICAL,
BOILER AND ELEVATOR INSPECTION AND CERTIFICATE FEES.
Mrs. Gordon: What do you have in this? Why are we having these amendments
here before us again?
Mayor Ferre: Because I requested that they be and this is a continuation of
the....
Mrs. Gordon: Are there changes in here?
Mayor Ferre: Yes, there are and I'm going to explain them in
.,;just one second
but we're not there yet. We're now on Item 3 of today's agenda which is an
ordinanceon second reading amending Section 5, 6,7 and 8 of 6145....
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 6145,
ADOPTED MARCH 19, 1958, AS AMENDED, WHICH PROVIDES FEES
FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL (INCLUDING
BOILER AND ELEVATOR) INSPECTION, PERMIT AND CERTIFICATE
FEES, BY SUBSTITUTING NEW FEE SCHEDULES IN SAID SECTION
5 TO COVER THE INCREASED OPERATIONAL COST PRIMARILY FOR
THE ENFORCEMENT OF THE SOUTH FLORIDA BUILDING CODE;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of July llth,was..
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Gibson, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8978.
The. City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and to the
public.
JUL 24 1979
15. RESOLUTION PLACING CHARTER AMENDMENT Ill (LEASES)
ON THE SEPTEMBER 18TH BALLOT.
Mayor Ferre: Now, Mrs. Gordon, the changes that are before you here,
are a change to the resolution on amendment Number 1, and the impact
of the change is that, in effect, in exempts the Watson Island project
because the following word are added to amendment number 1. Ah, Mr.
Clark, would you tell us where it is? If you look on pagenthree, of
of
amendment number 1, in talking about the James L. Knight
Center, it says "two, any project the financing of which has been
provided provided;by the authorization of bonds to be issued by the City
Now, eventhough it is not specifically named, that in effect exempts"
Watson Island since' this Commission...
Whydon't you say "Watson Island" if that is what you
Mrs. Gordon:
mean?
Mayor Ferre: Well, I've...I'm the writer of this, and if you
that in those words, you go ahead and do that...
you are :the author
want to put.
Mrs. Gordon: I'm asking"you because
Mayor Ferre: No do not want to. -do it"that way. I"do not like the
name projects, .I.didn't want to. name the Knight Convention C herb this;`
'at -:. the, -,=insistance of Marty Fine we hadto:do it that`:;way.
case, - there is nobody insisting and I'd rather not put the name.be ow, I
saying on the record that it exempts.Watsonvesland,hi t couldn't'
oul n't b"
clearer.. And, I so move,,Mr., Plummer,"I."g
there,a second to the motion?.
Mr. Plummer: I got it, now i
Father Gibson: Second.:,
Mayor Ferre: I call the question..
Mr ,"Mayor,.�just so I...I had' walked out
Mr. Plummer: This is the issue, : ."
of the room. This is to,cover anything thathasalready been by bonds.
Mr.Fosmoent Authorized by...
Mr. Plummer: Authorized, yes I: understand.
Mrs. Gordon: This isan exclusion of Watson Island and it is.
Mr. Plummer:
Mrs. Gordon: And, it hasn'.t"any
of the City. Otherwise,
Conference
voters Center is
r. Plummer:'
Mayor Ferre:
Mr. Plummer:.
Mayor Ferre:
two minutes.
and d I won
In effect, you are., right."
other meaning except to deceive the
it would -be.spelled out just like the';
t be a party to a subterfuge.
Ah, O.k.
Call the roll.
Call the roll.
Mrs. Gordon we are not through yet... It will be
The 'following
moved its adoption:
ust
resolution was introduced by, Mayor Ferre, w
am
another
0
i
96
JUL 2 4 1972
passed
AYES:
RESOLUTION NO. 79-563
A RESOLUTION SETTING FORTH A PROPOSED CHARTER AMENDMENT
KNOWN AS CHARTER AMENDMENT NO. 1, AMENDING SECTION
3(f) OF THE CHARTER OF THE CITY OF MIAMI TO PROVIDE
FOR A PROHIBITION UPON THE LEASING OF OR THE MAKING OF
MANAGEMENT CONTRACTS FOR ANY CITY WATERFRONT PROPERTY
WITH PRIVATE FIRMS OR PERSONS, WITH THE EXCEPTION
OF (1) THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L.
KNIGHT INTERNATIONAL CENTER AND HOTEL FACILITY, INCLUDING
ALL IMPROVEMENTS THEREON, (2) ANY PROJECT, THE FINANCING
OF WHICH HAS BEEN PROVIDED BY THE AUTHORIZATION OF BONDS
TO BE ISSUED BY THE CITY OF MIAMI, WHICH LEASES AND
CONTRACTS WOULD PREVENT REASONABLE PUBLIC ACCESS TO THE
WATER OR WHICH WOULD PREVENT PUBLIC USE OF SUCH
WATERFRONT PROPERTY, OR WHICH WOULD NOT RESULT IN A FAIR
RETURN TO THE CITY BASED ON TWO INDEPENDENT APPRAISALS,
OR WHICH WOULD PERMIT USE OF SUCH PROPERTY NOT
AUTHORIZED UNDER THE THEN EXISTING MASTER PLAN OF THE
CITY OF MIAMI, OR WHICH LEASE OR CONTRACT WAS NOT
SUBJECT TO COMPETITIVE BID OR COMPETITIVE NEGOTIATIONS;
SAID CHARTER AMENDMENT ALSO PROHIBITING EXTENSION OR
MODIFICATION OF ANY EXISTING AGREEMENT WHICH DOES NOT
COMPLY WITH EACH OF THE ABOVE REQUIREMENTS UNLESS
SUCH PROPOSED EXTENSION OR MODIFICATION HAS FIRST
BEEN APPROVED BY A MAJORITY OF THE VOTERS OF THE
CITY OF MIAMI.
.(Here follows body of resolution, omitted here and
in the Office of the City Clerk).
Upon being secorded by Commissioner Gibson,
and adopted by the following vote:
Mayor Maurice A. Ferre
Commissioner (Rev.) Theodore R. Gibson
Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer, Jr.
**Commissioner Rose Gordon
ABSENT: NONE.
ON ROLL CALL:
I said before, I will not be a party to a subterfuge.
She voted no I think, I°think that means no.
That, literally translated means "No".
97
JUL 2 4 1971
• may. •
16. RESOLUTION PLACING CHARTER AMENDMENT NO. 2 (SETBACKS) ON
THE SEPTEMBER 18TH BALLOT.
Mr. Fosmoen: We need a meeting date?
Mayor Ferre: What's that?
Mr. Plummer: A meeting date in August.
Mayor Ferre: No,, no, wait a minute now, what isthis other Resolution,
Mr. City Attorney?,
Mr. Knox:
This one changes the characterization of occupancy;;limitationsy and we changed the words to "building placement" , that's the only change
essentially.
Mr. Plummer:
Mrs. Gordon:
Mr. Plummer:'
"occupancy".
But I think that,was requested by Mrs. Gordon,
I didn't say anything about"building placement' it was "setbacks"
that the word occupancy.
Excuse me, Mr.`Knox you told me that this wording is in lieu o
Mr. Knox: Occupancy limitations was....
Mrs. Gordon: It is not the wording we used yesterday.,
it is a change, Mrs. Gordon,
Mayor Ferre:
Mrs. Gordon:, And I'm afraid to say anything on anything that's written, because
as J. L. Plummerreadbefore,.. you know, you get one answer and somebody else means.
something else. I have had no opportunity to read this amendment, this amended
ordinance you are handing me again today, and I refuse to vote onrths tithout
t
reading it thoroughly, line by line, comma by comma, period by p i
sure there is no insertion....
Mayor Ferre: Your refusal is noted and I move it anyway.
Mr. Plummer: Well, I just would like -for the
record,
ut iMrs.
n Gorr don -
to under -his
stand that this matter was not given to justJ.L..
meeting was reconvened,it was brought up to all of those present, it wasn't just
me, okay?
(STATEMENT MADE BY COMMISSIONER GORDON RECORDED AT THE SAME TIME OF COMMISSIONER.
PLUMMER FOLLOWING STATEMENT. UNINTELLIGIBLE)
Mr. Plummer: I understand, but as you indicated that it was given to me,.
personally, it was...
Mayor Ferre: Would you explain, there is a change of two words, would you
explain the two words?
Mr. Knox: Last evening, Mrs. Gordon objected to the use of "occupancy limita-
tions" when we were °describinrsetback and sideyard requirements, based...
Mayor Ferre: All right.
Mrs. Gordon: Yesterday, we decided that the right words instead of occupancy'
would be "setback limitation", now, why are you changing it?
Mr. Knox: Setback and sideyard limitations are referred to in the body of the
measure, where "building placement" was provided to us with the concurrence of
all of the persons who addressed the City Commission last night as accurately
reflecting the intention of the proposed measure.
Mrs. Gordon: And you tell me, you swear to me that that's the only changes
That is correct,
this document, right?
Mr. Knox: Yes Ma'am, yes Ma'am.
Mr. Plummer: He swears all the time!
you are right.
98
J U L 2 4 1979
Mayor Ferre: On the record.
Mrs. Gordon: That's on the record, you say.
Mr. Knox: - Yes, : yes.
Mr. Plummer: For today.
Mayor Ferre:
Mr. Lacasa:
Mr. Knox: Provided that I understand the nature of the question.
Mrs. Gordon: What did he say?
Mayor Ferre:
Mayor Ferre:
Mrs. Gordon:
Mr. Plummer: Rose, he has adopted a stock answer for any question you ma
he don't understand the question. (LAUGHTER)
Mayor Ferre:
The following resolution was introduced by Commissioner Ferre, who moved
its adoption:
RESOLUTION NO. 79-564
A RESOLUTION SETTING FORTH A PROPOSED CHARTER AMENDMENT AMENDING
SECTION 3(4) OF THE CHARTER OF THE CITY OF MIAMI, KNOWN AS CHARTER
AMENDMENT NO. 2 TO PROVIDE FOR BUILDING PLACEMENT LIMITATIONS UPON
PROPERTY LOCATED ON BISCAYNE BAY OR UPON THE MIAMI RIVER FROM ITS
MOUTH TO THE N.W. 5TH STREET BRIDGE, IN ORDER TO PRESERVE THE CITY'S
NATURAL SCENIC BEAUTY, TO GUARANTEE OPEN SPACES, AND TO PROTECT THE
WATERFRONT BY IMPOSING MINIMUM FRONT AND SIDE SETBACK REQUIREMENTS,
SUBJECT TO WAIVER UPON CERTAIN CONDITIONS AND FURTHER SUBJECT TO
CERTAIN EXCEPTIONS.
(Here follows body of resolution, omitted here and on file
in. the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the
passed and adopted by the following vote:
AYES: Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon*
Vice Mayor J. L. Plummer**
Mayor Maurice A. Ferre
NOES: NONE.
ABSENT: NONE.
ON CALL ROLL:
*Mrs. Gordon: With the understanding that there is only a change of the wording
from "occupancy" to "building placement", I vote "yes."
**Mr. Plummer: I'll always vote favorably on the Rose Gordon amendment.
Mrs. Gordon: You can turn that one to midwife Ferre.
17. MOTION TO RECONSIDER GRANTING OF P.A.D. APPLICATION
- 1541 BRICKELL AVENUE.
Mayor Ferre: All right, ladies and gentlemen, one more thing, I told you this
morning that I wanted to change my vote on that item which approved a PAD for
Brickell Avenue last time and I asked the City Attorney if that was legal. His
answer was that in his opinion it was but it was a matter of the constraint put
upon because of the expenses. I therefore asked the Assistant City Manager, his
99
JUL 2 4 1979
answer was that he had to find out. He has since told me that no building permits
have been issued for either the foundations of the main building and that they have
requested permission to put up a construction shed.
Mr. Fosmoen: No, I. told you that they have been issued permits for temporary Sales
Office, they have been issued a Demolition Permit and that plans for the foundation
and the building are currently under teview by the Building Department.,
Mayor Ferre: In tny opinion, therefore, I, since I voted, on the affirmative,.''.
would like to -and Mr. City Attorney, would you give me the legal on it- I would
like to record'. my vote as being "changed"
Mr. Plummer: In no. way, Mr. Fosmoen, are you addressing any possible obligation
they might have committed outside of City's scope of your, being the =check, "in
other words,if they've gone to Financing and committed for that, it could be
a couple of milliondollars problem.
Mr. Fosmoen: It could indeed.:
Mr. Plummer:
blears.
Yes, okay,-1 think we should remember that there are outside pro
Mrs. Gordon: I think, Mr. Knox, you should check the Charter
not this must have 'a reconsideration.
Mr. Knox: Yes,. it does, Mrs. Gordon.
Mrs.
and, see whether or
Okay, not just the negative vote these many weeks later.
Mayor Ferre: I am therefore..I realize that but since you, I am sure, would
concur, since you voted to deny that PAD application,'I am sure you would not
deny me the right of changing my mind the many ways that you change yours...
Mrs. Gordon: No, sir, as long as you live with the law I'll never deny you a
right.
Mayor Ferre: Of course I am going to livewithin the law, as I always do. •Now,
the point is that therefore I would move that this,, item be brought back for re-
consideration, having voted in the affirmative.
Mr. Plummer:- All right, is there a second?
Mayor Ferre:
Mr. Knox: Yes, sir, a motion
I don't think it needs a second, does it?
for reconsideration needs
a second.
Mayor Ferre: This was the Brickell Avenue PAD that you and Mrs. Gordon voted
against and Commissioner Lacasa, and Plummer and I' voted for, and having been
in the affirmative, I now movethat this item be brought back for reconsidera-
Mr. Plummer: Is there
lack of a second.
Mrs. Gordon:' I wish to announce that the matter would have a financial liabi-
lity against the City,if it is a fact, that it would not, then I would second
that motion but I need to be absolutely assured that. the City is not going to
be liable for hundreds of thousands of dollars in damages. Now, Mr. Knox it's
in your lap.
motion dies for the
Mayor Ferre: No, it's not on his lap, no, sir.
Mrs. Gordon: I'm asking a legal question of Mr. Knox.
Mayor Ferre: It's not a legal question, you
how can Mr. Knox answer that?
Mrs. Gordon: Mr. Knox, would you give me an
damages at this point
asked for an assurance on money,.
answer is this City liable for.
Mr. Knox: And asquestion indicated earlier,�the isone of equity and if there
was some economic and legal. harni which was suffered by theApplicant by virtue.
100
JUL 9 4 1979
•
i
of having relied upon the City's original decision, then the City could be liable
to that extent.;`
Mrs. Gordon: Ali right, I'll second the motion
and the Mayor will bear the brunt.
Mayor Ferre: A11 right, there is a motion and a second Plummer, where did you go
Plummer?
Hi..Fosmoen: I: understand that the second must also comefrom the prevailing,
side, sir.
Mayor.Ferre: That is not so. That is absolutely not so.`
Mr. Plummer:
Mrs. Gordon:
Mr.
Plummer:
Mrs. Gordon:
What was
the motion?
seconded the motion
What is the :`motion?
The motion the Mayor
Mr. Plummer: It died for the lack,
Mayor Ferre: No, it did not.
Mrs. Gordon: No, I seconded it.
Mr. Knox: Mrs. Gordon seconded it.
Mr. Plummer:
before?
. Plummer.
made to reconsider that application.'
of a second.
h, you seconded it? Where were you when I asked three times
Mrs. Gordon: I had to be assured that if there is 'a liability the Mayor will
take it on himself.
Mr. Plummer:' Henceforth, all; motions will have four requests for.a'second.
Mayor Ferre:
again.
Didn't say any such thing, there you go, trying to change things
Mr. Plummer: Mr. Mayor, may I ask for clarification, you are asking for
to be considered at another public meeting?
Mayor Ferre: No, no, no. I've got a right to change my vote on this item within
one meeting after, beyond today Idon't have a right, but today I've got a right
to ask anything to be reconsidered, that's parliamentary procedure.
Mr. Plummer: >Mr. Mayor, legally you are right, I must ask in all fairness, is it
really fair for thepeople who are interested both ways to not have to benefit of
input as they did when the original decision was made. I think, Mr. Knox, may I
ask a question, would it not be perfectly legal that it be reconsidered today but
set for another meeting? Is that possible? What I'm trying to get to is that
those people who are vitally affected both ways could have the right to come back
and have input, I'; think it is only right.
Mr. Knox: Yes, sir, you are correct, that a motion to reconsider,if it is passed,
then it reverts to, the status quo before the matter was considered originally
Mayor Ferre: I accept that.
this
Mr. Plummer: Okay, now, if what you are saying is our next meeting is on the
13th of September, ....
Mayor Ferre: I accept that.
Mr. Plummer: Now, wait a minute, excuse me,I don't want to put us in jeopardy
by allowing them between now and the 13th of September to incur other expenses
that could be back at us. I would say that if this passes as the 13th, that
they be put on notice that there is a reconsideration of, and any future expenses
expended by them is at their own risk.
Mayor Ferre:
correct?
All right
now, the motion was duly made and duly seconded is that._
101
JUL 2 4 1979
Mr. Knox: Yes
Mayor Ferre:
Mr. Knox
Mayor Ferre: Now, if this motion passes it just brings it back for reconsidera-
tion and therefore we would have to...it would-be brought back before this Com-
mission at the next Zoning meeting,all right?
Mr. Plummer: Call the roll
The following motion was introduced by
moved its. adoption:
A MOTION TO RECONSIDER GRANTING OF P.A.D. APPLICATION BY BRICKELL
BISCAYNE;CORPORATION FOR THE APPROVAL OF PLANNED AREA DEVELOPMENT
CONSISTING OF A 39 STORY APARTMENT STRUCTURE WITH 254 DWELLING
UNITS AND 2 LEVEL PARKING STRUCTURE LOCATED AT 1541 BRICKELL AVENUE
PASSED AND ADOPTED ON JUNE 26, 1979, AS RESOLUTION 79-470.
Upon being seconded by Comissioner Gordon, the motion was passed
by the following vote -
AYES: Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson*
Mayor Maurice A. Ferre
Commissioner Armando Lacasa
Vice Mayor J.L. Plummer
NOES:
ABSENT:
None.
ON ROLL CALL:
Rev. Gibson: 1 vote the same.
Mayor Ferre:
Mr. Ongie: You voted '
Rev. Gibson:
What i
that
, ..a vote t
Mr. Ongie: Yes, sir.
Rev. Gibson: Yes.
Father?
the 'last time, this
o :reconsider?
o reconsider now.
and adopted
- SLT DATE FOR SPECIAL HEARING ON AUGUST 28,.1979 AT
9:00 A.M. inre JAMES L. KNIGHT CONFERENCE/CONVENTION
CENTER.
- DISCUSSION REGARDING INCLUSION OF TIBOR HOLLO WITHIN THE
SCOPE OF PROJECTS EXEMPTED BY RESOLUTION 79-563.
Mayor Ferre: All right,now, we need to set the day in Augustwhen we are
going to have the meeting on the Convention Conference Center. Let's set
a date right now. When do you want to have it?
Mr. Grimm: Any date that's convenient to the
date that fits your convenience.
(AFTER SOME DISCUSSION THE COMMISSION AGREED TO HOLD THE ABOVE REFERRED TO
MEETING ON AUGUST 28, 1979 AT 9:00 A.M. TO HOLD A SPECIAL CITY COMMISSION
MEETING FOR THE PURPOSE OF DISCUSSING THE JAMES L. KNIGHT CONFERENCE/CONVENTION
CENTER)
Commission after
the 20th, any
Mayor Ferre: All right, now, there is something that has come up that I did not
recognize before and I don't...wait a moment, wait a moment, Plummer, Father,..
we've got a problem here that there is also an addition specifically exempting
the Tibor Hollo...you've got to get Plummer here, go get Plummer, would you please?
102
J U L 2 4 1979
•
•
Is he in his car and left? We've got a problem with Tibor Hollo who wants to
be..evidently we can't find a legal way to specifically exempt him.
FATHER GIBSON MAKES A STATEMENT WITHOUT THE AID OF THE RECORDING MICROPHONE.
STATEMENT DID NOT GET INTO THE PUBLIC RECORD.
Mrs. Gordon: Well, is he a...does he come in under Development Planapproval?
Mr. Fosmoen: Yes.
Mr. Knox: Yes, he does.
Rev. Gibson: See, he's already got his okay.
Mrs. Gordon: Well, he got his okay then why.....?
Mr. Robert Clark: He got it through another Board rather than the method that
is set forth in here.
REVEREND GIBSON MAKES STATEMENTS WITHOUT THE AID OF THE RECORDING MICROPHONE.
STATEMENT DID NOT GET INTO 'THE PUBLIC RECORD.
Mayor Ferre: Better come to the microphone so that it is on the record.
Mr. Knox: You really don't need to do anything....
Mayor Ferre: We don't need to do anything but I think you need to have to be
advised, Mrs. Gordon voted "no" anyway...
Mrs. Gordon: I did not vote that...
Mayor Ferre: Well, then change your vote.
Mrs. Gordon: I don't change anything.
Rev. Gibson: All right, you add Plaza Venetia in there as....I move.
Mr. Lacasa: I second.
Mrs. Gordon: Wait a minute, what are you moving now?
Rev. Gibson: That in those exemptions, that among the exemptions....
Mayor Ferre: Father Gibson, Father Gibson...
Mrs. Gordon: It's already in there.
Mayor Ferre: It's already in there, and you don't have to do a thing but it
has to be clarified so that we are all aware of where we are.
Rev. Gibson: Yes, sir, just so that everybody knows I exi)ect them to be in there
because I hate having a Dian, you know, get out on a li.Enb.
Mayor Ferre: Is thore any problem, Mr. Knox?
Mr. Knox: No, exceiir. that I advised Mrs. Gordon that the only change that had
been made were those tb70 words then I was advised by, Mr. Clark that pursuant to
your instructions that other change that was made, was to add....
Mayor Ferre: No, nos no, no, no...
Mr. Knox: When I say you, I don't mean
Mayor Ferre: No, no, no, no,let the record be very clear that I told Mr. Ted
Hollo and I told Mr. Clark that all Mr. Hallo wanted was a letter from the City
Attorney's office that in their interpretation they were exempt. I did not
instruct Mr. Clark... Did I instruct you to put this in here? Wait a minute,
let him answer for the record.
Mr. Clark: On being instructed that we would render an opinion that he was
covered, I contacted the Building Department and vas informed by them that....
Mayor Ferre: But Mr. Clark, don't put that on me....
Mr. Clark: I'm not.
103
JUL 2 4 1979
Mayor Ferre: You assumed that completely on your own, this is the first
time I've heard of this.
Rev. Gibson: Mr. Mayor, but last night when Mr. Hallo was here I specifically
said: "Mr. Hollo, let them put your name in there if there is any doubt I want
your name in there because I cannot stand to have a man go under the assumption
that he is exempt and then find out he is not exempt. If I must offer a motion
I will be delighted to offer the. motion.
Mr. Knox: The motion has already passed Father
to do, that.
REv. Gibson: All right, beautiful, okay.
Mayor Ferre: All right, now, before we adjourn the day we will now meet is the
so it is not necessary for you
28th and'at.that time I will expand that hearing to also include the public.
hearing aspects of the Brickell Avenue Application that will be brought back for
reconsideration.
Mr. Lacasa:
What time on the
Mayor Ferre:' Would two o'clock 'be all. right? All right, so then it's two o',clock
Is there anything else to come up before this Commission`? We standadjourned:
ADJOURNMENT
28th?
There being no further business to come before the City Commission,
on motion duly madeand seconded, the meeting was adjourned at 5:O3 P.M.
ATTEST:.
RALPH GONGIE
City Clerk
MATTY HIRAI.
Assistant City
(absent).:
104
(S E A L)
JUL 2 4 1979
Iiii1IIiiuIIII1i
DOCUMENT
MEETING DATE:
INDEX-
July 24, 1979
ITEM N0.
1
2
3
DOCUMENT IDENTIFICATION
4
5
7
8
COMMISSION AGENDA AND CITY CLERK REPORT
AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI
AMENDING ORDINANCE NO, 6871, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY. OF
MIAMI
GRANTING PERMISSION TO. CONSTRUCT AND OPERATE
RECREATIONAL FACILITIES ON _ LOTS 17, 18 AND 19
LESS RIGHT OF WAY, DALLAS PARK
ACCEPTING THE PLAT ENTITLED RIVERFRONT_MARINA,
A"` SUBDIVISION IN THECITY ,OFMIAMI,
ACCEPTING THE PLAT ENTITLED FIRST ADDITION TO
MEDICAL CENTER, A -SUBDIVISION: IN THE CITY OF
MIAMI
ACCEPTING THE PLAT ENTITLED MAR -VA PARK, A
SUBDIVISION IN THE CITY OF MIAMI
SETTING FORTH A PROPOSED CHARTER AMENDMENT,
KNOWN AS CHARTER AMENDMENT NO. 1, AMENDING
SECTION 3(f) OF THE CHARTER OF THE CITY OF
MIAMI
SETTING FORTH A PROPOSED CHARTER AMENDMENT
AMENDING SECTION 3(4) OF THE CHARTER OF THE
CITY OF MIAMI, KNOWN AS CHARTER AMENDMENT NO,
2.
COMMISSION RETRIEVAL
ACTION CODE NO.
R-79-559
R-79-560
R-79-561;
R-79-562
R-79-563
0018
0019
0020
9-559
79-560
9-561
79-562
79-563
79-564
15. RESOLUTION PLACING CHARTER AMENDMENT #1 (LEASES)
ON THE SEPTEMBER 18TH BALLOT.
Mayor Ferre: Now, Mrs. Gordon, the changes that are before you here,
are a change to the resolution on amendment Number 1, and the impact
of the change is that, in effect, in exempts the Watson Island project
because the following words are added to amendment number 1. Ah, Mr.
Clark, would you tell us where it is? If you look on page three, of
amendment number 1, in talking about the James L. Knight International
Center, it says "two, any project the financing of which has been
provided by the authorization of bonds.to be issued by the City of Miam
Now, even though it is not specifically named, that in effect exempts
Watson Island since this Commission...
Mrs. Gordon: Why don't you say "Watson Island" if that is what you
mean?
Mayor Ferre: Well, I've...I'm the writer of, this
that in those words, you go ahead and do that...
Mrs. 'Gordon::
I'm asking you because you are the author.
Mayor Ferre: No,>I do not want to do it that way. I do not like the
name projects, I didn't want to name the Knight Convention Center but
at the insistance of Marty Fine we had to do it that way. But, in this
case, there is nobody insisting and I'd rather not put the name. Now, I am
saying on the record that it exempts Watson Island, it couldn't be
clearer. And, I so move, Mr. Plummer, .'I` give -you the gavel and...'
there a second to the motion?...
Mr. Plummer: I got it, now is
Father, Gibson: Second.
Mayor Ferre: I call the question.
Mr. Plummer: This is the issue, Mr. Mayor, just so I...I had walked out
of the room. This is to cover anything thathas already been by bonds.
Mr. Fosmoen: Authorized"by..
Mr. Plummer:;,. Authorized, yes I understand.
Mrs. Gordon:` This is an exclusion of Watson Island and it is...
Mr. Plummer:
n effect, you are right.
Mrs. Gordon: And, it hasn't any other meaning except,. to deceive the
voters of the City. Otherwise, it would be spelled out just like the
Conference Center is, °and .I' won 't be a party to a subterfuge.
Mr. Plummer: Ah, O.k.
Mayor Ferre: Call the roll.
Mr. Plummer: Call the roll.
Mayor Ferre: Mrs. Gordon we are not through yet... It will be just, another
two minutes.
The following resolution was introduced by Mayor Ferre, who
moved its adoption:
JUL 2 4 1971,
RESOLUTION NO. 79-563
A RESOLUTION SETTING FORTH A PROPOSED CHARTER AMENDMENT
KNOWN AS CHARTER AMENDMENT NO. 1, AMENDING SECTION
3(f) OF THE CHARTER OF THE CITY OF MIAMI TO PROVIDE
FOR A PROHIBITION UPON THE LEASING OF OR THE MAKING OF
MANAGEMENT CONTRACTS FOR ANY CITY WATERFRONT PROPERTY
WITH PRIVATE FIRMS OR PERSONS, WITH THE EXCEPTION
OF (1) THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L.
KNIGHT INTERNATIONAL CENTER AND HOTEL FACILITY, INCLUDING
ALL IMPROVEMENTS THEREON, (2) ANY PROJECT, THE FINANCING
OF WHICH HAS BEEN PROVIDED BY THE AUTHORIZATION OF BONDS
TO BE ISSUED BY THE CITY OF MIAMI, WHICH LEASES AND
CONTRACTS WOULD PREVENT REASONABLE PUBLIC ACCESS TO THE
WATER OR WHICH WOULD PREVENT PUBLIC USE OF SUCH
WATERFRONT PROPERTY, OR WHICH WOULD NOT RESULT IN A FAIR
RETURN TO THE CITY BASED ON TWO INDEPENDENT APPRAISALS,
OR WHICH WOULD PERMIT USE OF SUCH PROPERTY NOT
AUTHORIZED UNDER THE THEN EXISTING MASTER PLAN OF THE
CITY OF MIAMI, OR WHICH LEASE OR CONTRACT WAS NOT
SUBJECT TO COMPETITIVE BID OR COMPETITIVE NEGOTIATIONS;
SAID CHARTER AMENDMENT ALSO PROHIBITING EXTENSION OR
MODIFICATION OF ANY EXISTING AGREEMENT WHICH DOES NOT
COMPLY WITH EACH Or THE ABOVE REQUIREMENTS UNLESS
SUCH PROPOSED EXTENSION OR MODIFICATION HAS FIRST
BEEN APPROVED BY A MAJORITY OF THE VOTERS OF THE
CITY OF MIAMI.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson
passed and adopted by;the-following vote:
AYES:
NOES:
ABSENT:
ON ROLL CALL:
*Mrs. Gordon:
Mayor;Ferre:
Mr. Plummer:
Mayor, Maurice A. Ferre
Commissioner (Rev.) Theodore R. Gibson
Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer, Jr.
**Commissioner Rose Gordon
NONE.
the resolution was
I said.before,'1 will not be a -party to a subterfuge.
She voted "no" I think,_I think that means "no.'
That, literally translated means "No".
•J U L ? 4 1979
RESOLUTION PLACING CHARTER AMENDMENT rO. 2 (SETBACKS) ON
THE SEPTEMBER 18TH BALLOT.
Mr. Fosmoen: We need a meeting date?
Mayor Ferre: What's that?
Mr. Plummer: A meeting date in August.
Mayor Ferre No, no, wait a minute now, what i
Mr. City Attorney?
limitations
Mr. Knox: This one changes the chaactlacement",othatcspthe only change
and we changed the words to "buildingp
essentially.
Mr. Plummer ButI think that was requested by
Mrs. Gordon, that the word
"setbacks"
Mrs.
or
this other Resolution,
Gordon: I didn't say anything about "building placement" it was
Mr. Plummer:
"occupancy"
Mr.
Knox:
Mrs. Gordo
Mayor Ferre:
Excuse me, Mr.
Knox, you told me that
this wording is in lieu o
Occupancy limitations was.
n: It is not the wording we used yesterday.
it is a change, Mrs. Gordon,
That is correc
you are right.
Mrs. Gordon: And I'm afraid to say anything on anything that's written, because
you know, you get`one"answer and somebody else means
s Jthi Plummer read a;e had,no opportunity to read this amendment, this amended
something else..; I have hadno opp `and I refuse to vote on this without
ordinance,you are handing 'me again today, by period, to make
reading it thoroughly, lineb dine comma by "comma, period
horou hly,. y ,
sure there is no insertion....
like -for the record, Mrs. Gordon- to under-
stand Plummer: Well,I just would - o
stand that this matter, was not given to just J. of'but in our absence,
when
this
those present, meeting was reconvened, it was brought up to all
me, okay?
(STATEMENT MADE BY COMMISSIONER GORDON RECORDED AT THE SAME TIME OF COMMISSIONER,.
PLUMMER FOLLOWING STATEMENT. UNINTELLIGIBLE)
sideyard
ou indicated that it was given to me
Mr. Plummer: I.understand,but as y
personally, it was...
Mayor Ferre: Would you explain,
explain the two words?
Mr. Knox: Last evening,Mrs. Gordon objected to the use of "occupancy
limita-
tions" when we were discribing setback.` and sideyard"requirements, based...
Mayor Ferre: All right.
Mrs. Gordon: Yesterday, we decided that the right words instead o
would be "setback limitation", now, why are you changing it?
Mr. Knox Setback` and limitations are referred t
measure, where "building placement" was provided to us wit
all of the persons who addressed the City Commission last
reflecting the intention'of the proposed measure.
Mrs. Gordon: And you tell me, you swear to me that that's the only changes in
this document, right?;
Mr. Knox: Yes Ma'am, yes Ma'am.
Mr. Plummer: He swears all the time:
there is a change of two words, would you.
o in the body of the
h the concurrence of
night as accurately
JUL 2 4 1979
17. MOTION TO RECONSIDER GRANTING OF P.A.D. APPLICATION
- L%$L BRICKELL AVENUE.
Mayor Ferre: On the record.
ts. Gordon: That's on the record
Mr. Knox: Yes, yes.
Mr. Plummer: For today.
Mayor
Mr.
Ferrer
All right,
Lacasa:Second.
so move.
you say
s" •
is that right?
Mr. Knox: Provided that I understand the nature
Mrs. Gordon: What did he say?
Mayor Ferre: Never mind.
Mayor Ferre: Cali the roll.
Mrs. Gordon:
What did>`. he say?
of the question. (LAUGHTER)
Mr. Plummer: Rose, he has adopted a stock answer for any question you make,
he don't understand the question. (LAUGHTER)
Mayor Ferre: Call the roll.
The following resolution was introduced by Commissioner Ferre, who moved
its adoption:
RESOLUTION NO. 79-564
A RESOLUTION SETTING FORTH A PROPOSED CHARTER AMENDMENT AMENDING
SECTION 3(4) OF THE CHARTER OF THE CITY OF MIAMI, KNOWN AS CHARTER
AMENDMENT NO. 2 TO PROVIDE FOR BUILDING PLACEMENT LIMITATIONS UPON
PROPERTY LOCATED ON BISCAYNE BAY OR UPON THE MIAMI RIVER FROM ITS
MOUTH TO THE N.W. 5TH STREET BRIDGE, IN ORDER TO PRESERVE THE CITY'S
NATURAL SCENIC BEAUTY, TO GUARANTEE OPEN SPACES, AND TO PROTECT THE
WATERFRONT BY IMPOSING MINIMUM FRONT AND SIDE SETBACK REQUIREMENTS,
SUBJECT TO WAIVER UPON CERTAIN CONDITIONS AND FURTHER SUBJECT TO
CERTAIN EXCEPTIONS.
-(Here follows body of resolution, omitted here and on file
in the'Office of the City Clerk).
Upon being;seconded by Commissioner Lacasa, the
passed andadopted by the following vote:
AYES: Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon*
Vice Mayor J. L. Plummer**
Mayor Maurice A. Ferre
NOES: NONE.
ABSENT: NONE.
ON CALL ROLL:
*Mrs. Gordon: With the understanding that there is only a change of the wording
from "occupancy" to "building placement", "I vote "yes."
**Mr. Plummer: I'll always vote favorably on the Rose Gordon amendment.
Mrs. Gordon: You can turn that one to midwife Ferre.
resolution was
11/
Mayor Ferre: All right, ladies and gentlemen, one more thing, I told you this
morning that I wanted to change my vote on that item which approved a PAD for
Brickell Avenue last time and I asked the City Attorney if that was legal. His
answer was that in his opinion it was but it was a matter of the constraint put
upon because of the expenses. I therefore asked the Assistant City Manager, his
1
J U L 2 4 1979
(Mayor Ferre contin O:
answer was. that he had to.find out. He has since told me that no building permits
have been issued for;;"ither the foundations of. the. main building and that they have
requested permission.to put-up;a construction shed.
Mr. Fosmoen: -No,"I told you that they-have-beenissue permits for
forteheo mprary.oundHales
Office',.they.have been issued a Demolition Permi:p
n
and the building are currently under review -by the Building Department.
Mayor Ferre: In my " opinion, therefore,I, since ;I voted on the affirmative, I
would liktoe to -and-Mr.--City Attorneyan o ld you give me the legal on"it- I wou•ld'
like record my"vote• ng as-bei-ch g,
Mr. Plummer In no way, Mr.:Fosmoen, are you addressing any possible obligation
they might have committed outside of City's scope of your being the check, in
other words, if they've gone to Financing and committed'for that, it could be
a couple ofmillion dollars problem.
Mr. Fosmoen: It could indeed.
Mr. Plummer Yes, okay, I think we should remember thatthere are outside pro-
blems.
Mrs. Gordon: I think, Mr. Knox, you should check the
not this must have a reconsideration.;
Mr. Knox:
Yes,
t does,
Mrs. Gordon.
Charter and see whether or
these many weeks. later.
Mrs. Gordon: Okay, not just the negative vote
`" I wouldMayor Ferre: I. am therefore...I realize that but since soon,m 1 amou sure,wewuld not
concur, since you voted to deny that PAD application,
deny me the right of changing my mind the many ways that you change yours...
o, sir, as long as you live with the law I'll never deny you a
Mrs. Gordon:
right.
Mayor Ferre: Of course I am going to live within the law, as I always do. Now,
the point is that therefore 1 would move that this item be brought back for "re-
consideration, having voted in the affirmative.
Mr.
Plummer:
Mayor Ferre:
All right, is there a second?
Idon't _ think
needs a
second, does it?
Mr. Knox: Yes, sir, a motion for reconsideration needs asecond.
Mayor Ferre: This was the Brickell Avenue PAD
you
ou"foand
,Mrs.
and GGordon
aving.voted
against and Commissioner Lacasa,
and:Plummer and
been
in the affirmative, I now move that this item be brought, back for reconsidera-
Mr. Plummer: Is there a
lack of a second.
second?
there a second?
The motion dies for the
Mrs. Gordon: I wishto announce that the matter would have a financial liabi-
lity against the City, if it is a fact that it would not, then iI would second
d`
that motion but I need to be absolutely assured that the City g
be liable for hundreds of thousands of dollars in damages. Now, Mr. Knox it's
in your lap.
Mayor Ferre
, it's not on his lap, no, sir.
Mrs. Gordon: I'm asking a legal, question of Mr. Knox.
Mayor Ferre: It's not a legal question, you asked
how can Mr. Knox answer that?
for an assurance on money,
Mrs. Gordon: Mr. Knox,would you give me an answer, is this City liable
damages at this point?
Mr. Knox: And as I indicated earlier, the question is one of equity and if there
was some economic and legal harm which was suffered by the Applicant by virtue
for
J I1 I. 9 4 1979
of having relied upon the City's original decision, then the City could be liable
to'that extent.
Mrs. Gordon:
Mayor Ferre:
Plummer?
Mr. Fosmoen
side, sir.
Mayor Ferre:
Mr.. Plummer::
Mrs.
All right, I'll
All right, there i
second the motion,
a motion and a second Plummer.
understand that the second mustalso come from the prevailing
and the Mayor will bear the brunt.
where': did you go
That is not so. That is absolutely not so.
What was the motion?
Gordon: I seconded the motion, Mr. Plummer."
Mr. Plummer:
Mrs.
Gordon:
Mr. Plummer:
Mayor Ferre:'.
Mrs. Gordon:
Mr. Knox:
Mr. Plummer:„
before?
What is the motion?:
The motion the Mayor made to reconsider, that application.
It died for the lack of a second.
No, it did not.
No, I seconded it.
Mrs.
Gordon seconded it.
Oh, you seconded it? Where were you when I' asked
three times
Mrs. Gordon: I had to beassured that if there is a liability the Mayor will
take it on himself.
Mr. Plummer:
Henceforth, all motions will have four requests for a second.
Mayor Ferre: Didn't say any such thing,
again.
Mr. Plummer: Mr Mayor, may I ask for clarification, you are
to be considered at another public meeting?
there you go, trying to change things
asking for this
Mayor Ferre: No, no,no. I've got a right to change my vote on this item within
one meeting after, beyond today I don't have a right, but today. I've got a right
to ask anything to be reconsidered, that's parliamentary procedure.
Mr. Plummer: Mr. Mayor, legally you are right, I must ask in all fairness, is it
really fair for the people who are interested both ways to not have to benefit of
input,as, they -did when the original decision was made. I think, Mr. Knox, may I
ask a: question, would it not be perfectly legal that it be reconsidered today but
set for.,another meeting? Is that possible? What I'm trying to get to is that
those;, people who are vitally affected both ways could have the right to come back
and;have input, I think it is only right.
Mr. Knox: Yes, sir, you are correct, that a motion to reconsider•if it is passed,
then it reverts to the status quo before the matter was considered originally
Mr. Plummer: Okay, now,
13th of 'September, ....
Mayor Ferre: I accept that.
Mr. Plummer. Now, wait a_ minute, excuse me, I':don 't want to put us in jeopardy
by. allowing them between now and the13th of. September toincur other expenses
that could be back at us.I would.say that if, this passes as'the l3th, that
they be put on,notice that there is a reconsideration of, and any future expenses
expended by them is at their own risk.
Mayor Ferre: All right, now, the motion was duly made and duly seconded is that.
correct?
JUL 2 4 1979
Mr
Mr. Knox: Yes, sir.
Mayor Ferre: All right, i
sir.
there further problem with it?
Mr. Knox: No,
Mayor Ferre:. Now, if this motion passes it just brings it back for reconsidera-
tion and therefore_ we would have .to..,.it would be brought back before .this .Com
mission at the next Zoning meeting,all right?
Plummer: Call the roll.
The following' motion was introduced by Commissioner (Mayor) Ferre, who
moved its adoption:
by
MOTION NO. 79-565
A MOTION TO RECONSIDER GRANTING OF P.A.D. APPLICATION BY BRICKELL-
BISCAYNE CORPORATION FOR THE APPROVAL OF PLANNED AREA DEVELOPMENT
CONSISTING OF A 39 STORY APARTMENT STRUCTURE WITH 254 DWELLING
UNITS AND 2 LEVEL PARKING STRUCTURE LOCATED AT 1541 BRICKELL AVENUE
PASSED AND ADOPTED ON JUNE 26, 1979, AS RESOLUTION 79-470.
Upon being seconded by Comissioner Gordon, the motion was passed and adopted
the following vote -
AYES:
NOES:
ABSENT:
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson*
Mayor Maurice A. Ferre
Commissioner Armando Lacasa
Vice Mayor J.L. Plummer
None.
ON ROLL CALL:
Rev. Gibson: I vote the same.
Mayor Ferre:
Mr.
Ongie: You voted
Rev. Gibson:
Mr.
Ongie:
Rev. Gibson:
What is that Father?
the last time, this
h, a vote to reconsider?
Yes,
Yes.
r.
o reconsider now.
- SET DATE FOR SPECIAL HEARING ON AUGUST 28, 1979 AT
9:00 A.M. inre JAMES L. KNIGHT CONFERENCE/CONVENTION
CENTER.
- DISCUSSION REGARDING INCLUSION OF TIBOR.HOLLO WITHIN THE:,
SCOPE OF PROJECTS EXTED BY RESOLUTION 79-563.
Mayor Ferre: All right, now, we need to set the day in August when we are
going to have the meeting on the Convention Conference Center. Let's set
a date right now. When do you want to have it?
Mr. Grimm: Any date that's convenient to the Commission after the 20th, any
date that fits your convenience.
(AFTER SOME DISCUSSION THE COMMISSION AGREED TO HOLD THE ABOVE REFERRED. TO
MEETING ON AUGUST 28, 1979 AT 9:00 A.M. TO HOLD A SPECIAL CITY COMMISSION
MEETING FOR THE PURPOSE OF DISCUSSING THE JAMES L. KNIGHT CONFERENCE/CONVENTION
CENTER)
Mayor Ferre: A11 right, now, there
recognize before and I don't...wait
we've got a problem here that there
the Tibor Hollo...you've got to get
is something that has come up that I did not
a moment, wait a moment, Plummer, Father,...
is also an addition specifically exempting
Plummer here, go get Plummer, would you please?
JUL 2 4 1979
(Mayor Ferre continues):
Is he in his, car and left? We've, got a problem with Tibor Rollo who wants t
be..evidently we can't find a legal way to specifically exempt him.
FATHER GIBSON MAKES A STATEMENT WITHOUT THE AID OF THE RECORDING MICROPHONE.';
STATEMENT DID NOT GET INTO THE PUBLIC` RECORD.
Mrs. Gordon:
0
Well, is he a...does he come in under Development Plan approval?
Mr. Fosmoen: Yes.
Mr. Knox: Yes, he does.
Rev. Gibson: See, he's already got his okay.
Mrs. Gordon: Well, he got his okay then why.....;?
Mr. Robert Clark: He got it through another Board
is set forth in here.
REVEREND GIBSON MAKES STATEMENTS WITHOUT THE AID
STATEMENT DID NOT GET INTO THE PUBLIC RECORD.
Mayor Ferre: Better come to the microphone so that d '
Mr. Knox: You really don't need to do anything....
We don't need to do anything but I"think you need to have
Gordon. voted "no" anyway...
rather thanthe method that
Mayor Ferre:
advised, Mrs.
Mrs. Gordon:
Mayor Ferre:
Mrs. Gordon:
Rev. Gibson:
Mr. Lacasa:,
Mrs.
I did not vote that...
OF THE RECORDING
Well, then change your vote.
I don't change anything.
All right, you add Plaza Venetia in
second.
it is on the recor
there a
Gordon: Wait a minute, what are' you moving now?
Rev. Gibson: That
Mayor Ferre:
n those exemptions,
.'..,
move
that among the exemptions....
Father Gibson, Father Gibson.
Mrs. Gordon: It's already in there.
Mayor Ferre: It's already in there, and you don't have to do a thin
has to be clarified so that we are all aware of where we are.
MICROPHONE.
o be
but i
Rev. Gibson: Yes, sir, just so that everybody knows'I expect them to be
because I hate havinga man, you know get :out :'on a limb.
Mayor Ferre:
s there any problem, Mr. Knox?
n there
Mr. Knox: No, except: that:I advised Mrs. Gordon that the only change that had
been made were .-those =two words then 1 was advised by Mr. Clark that pursuant to
your instructions that other change that was made, was to add....
Mayor
Mr. Knox: When I say you, I don't mean "you"...
Mayor Ferre: No,.no, no, no,let the record be very clear that I told Mr. Ted
Rollo and I told Mr. Clark that all Mr. Hallo wanted was a letter from the City
Attorney's office that in their interpretation they were exempt. I did not
instruct Mr. Clark... Did I instruct you to put this in here? Wait a minute,
let him answer for the record.
Mr. Clark: On being instructed that we would render an opinion thathe was
covered, I contacted the Building Department and was informed by them that....
Mayor Ferre:
Mr. Clark: I'm not.
Clark, don't put that on me....
JUL 2 4 1979
P
Mayor. Ferre: You assumed that completely on your own, this is the first
time I've heard of this.
Rev. Gibson: Mr. Mayor, but last -night when Mr..Hallo was here.I specifically
said: "Mr. Rollo, let them'put your name in there if there.is"any: doubt 1 want
your..name in there because I cannot stand to -have a mango under, the assumption
,that he is "exemp't"and, th"en "find out he is not exempt. : If: I "must. -offer amotion
I wilh be delighted to offer' the, motion.
Mr.. Knox: The motion has already passed Father
to do that.
REv. Gibson: All right, beautiful,; okay.
o it is not necessary for you
Mayor Ferre: Alt right, now, before we'adjourn the day we will now,,meet is"the=
28th and:at that timeI will expand'.that-hearing"to:also. include, the, public,
hearing aspects ofthe Brickell-Avenue""Application that will bebrow ght back for
reconsideration.
Mr. Lacasa: What time?, What time on the 28th?
Mayor Ferre: Would two o'clock be all right? All right, so then it's two o'clock.
Is there anything else to come up before this Commission?. We stand adjourned.
There being no further -business"to:come "before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 5:03 P.N.
RALPH° G. ONGIE,.
City Clerk
J U L 2 4 1979