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HomeMy WebLinkAboutCC 1978-08-01 MinutesCITY OF MIAM 111111111111111111111111 111 MN 0 IAL ISSION TES OF MEETING HELD ON AUGUST 1, 1978 Re: Consideration of Appointment of Individual to Fulfill the Unexpired Term of MANUEL ARQUES, as Member of the Civil Service Board. PREPARED DY THE OFFICE OFTYHE CITY CORK RALPH 6, ONGIE CITY CLERK INt X CIiYtCO'MISTA MiAMI, FLARIM Consideration of Appointment of Individual to Fulfill the Unexpired Term of Manuel Argues, as Member of the Civil Service Board. Brief Discussion Items: (a) City of Miami checks for Retirees; and (b) Request City Administration to Cooperate with Miami. Police DeparLa nt's Participation in 'Police Olympics-78', in San Diego, Cali- fornia. Waive Rental Fees for Parents' Coalition for the Use of Day Care Centers as meeting place. M-78-537 DISCUSSION M-78-538 M-78-539 11-13 MEW MEW mmmw ■ ■ • 2. 3. • • • • MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA * * * * * * * * * On the 1st day of August, 1978, 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 5:25 P.M. by Mayor Maurice A. Ferre with the following members of the Commission present: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre Joseph R. Grassie, City Manager R. L. Fosmoen, Assistant City Manager (Absent) 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. 1. CONSIDERATION OF APPOINTMENT OF INDIVIDUAL TO FULFILL THE UNEXPIRED TERM OF MANUEL ARQUES AS MEMBER OF THE CIVIL SERVICE BOARD. Mayor Ferre: Good afternoon, lades and gentlemen, this is a Special City of Miami Commission Meeting for the purposes of selecting a member to fill a vacancy in the Civil Service Board. I think everybody understands what the purpose is and as far as I'm concerned I'm perfectly willing to open up for nominations and then after we close the nominations we'll do the procedure we always do and we will vote on whoever the nominees are. Mr. Plummer: I'm probably going to walk out of here as the most hated man in the world but I've got to be truthful with myself and truthful with you. I have no name to profer today. Mr. Mayor, I don't know of a more important time than today for a very important position because of the tremendous changes that this community and this City are making. I have heard bandied about the naves of certain individuals who could probably be proferred today to serve in the ca- pacity of a Civil Service Board member. I was called by one such perstn who has indicated she will be offered in name and she was kind enough to bring me a Resume and to sit down with me for just a few seconds. Unfortunately, it's my fault...Mr. Mayor, what I'm getting to, the bottom line, is this. 7 feel that before I'm prepared to vote for this important decision that I woisd like to have the Commission today profer the names of those people and I am more than willing to close it with whatever names are proferred and then give me the op- portunity to sit down and discuss with these pfcple their philosophyal; it re- lates to Civil Service and the good of this City. I have not had that op- portunity. Mrs. Freedman is hopeful to be a cr ldidate, I read her Resume and I learned a lot of beautiful things that I did :iot know about her in the past but I just feel, Mr. Mayor, that I have got to lu )w their philosophy as t applies to Civil Service and to the good of this City, and let's hit it right on the head, the Affirmative Action of this City, befog a I'm prepared to vote. 1 AUG 1 1978 • MC — Mire Mayor Ferre: All right, I think that's a reasonable request. I'd like to ask, I see that Mr. Silverman and Mr. Krause are here, I'd like to ask what business do you have caning up during the month of August that would be affected by your having a four -person Civil Service Board. Mr. Silverman: We have several hearings. We had one hearing today and we had two other hearings scheduled for today which were continued because we had a four -person Board. We had a case about a year ago in which there was a tie vote and which subsequently was litigated, it is now on appeal, and the tie vote has created a lot of uncertainty and one employee was dismissed and he still does not know whether he is going to get back in or not, so as soon as you could make the appointment I think it would be helpful. The next hearings we have scheduled are August 14 and 15. Mayor Ferre: Well, I think that from a practical point of view -if we follow what Commissioner Plumper is requesting and I have no objections to it personal- ly, it's just one person here- I think from a practical point of view you proba- bly will not get a nomination until September because, you know, August is the month we are supposed to be out and I, for one, will be out a great deal in August. I'll be in, I'll be here, but when I come it'll be for a day. Mr. Silverman: I think what we will do in that event is we would suggest to each employee who has a hearing that if they want to go ahead with a four -person Board we will proceed to have the hearing, as we did this afternoon; if they want to continue it until we have the fifth member then we would, as a matter of right, let them continue it. Mayor Ferre: I will then give you the following information which may change the situation. Mr. Manolo Argues, who had tendered his resignation -and by the way, he has not tendered it in writing that I've seen, has he? Mr. Silverman: He did come to the meeting this morning and he said good-bye t"r everybody. Mayor Ferre: Yes, but he hasn't tendered his resignation officially, so we are kind of in a legal hiatus. I've check with the Attorney General's office and with the Secretary of State's office and the fact is that Mr. Argues, like Robert Shevin, can remain in office technically and not resign with his situation, but he cannot accept any pay which is what Bob Shevin has done. What I'rn saying is that if it functions for Bob Shevin obviously it can func- tion for any other constitutional officer. Mr. Plumper: You better check with Mr. Argues, Mayor Ferre: Should he in effect be elected or be a nominee -I think he'd want to consider that- and should he be elected, obviously he'd have to resign like Bob Shevin, that's the law. f Mr. Plummer: We might have the first Lt. Governor in Civil Service. Mayor Ferre: It would then permit for you to have a full Board. Rev. Gibson: Mr. Mayor, I have some strong feelings against that, strong. Having run an election myself and all that other business -and it's no dif- ferent whether it is on City level or State level- I think the man indicated to us either through you or somebody, that he was resigning. He ought to get out. Mayor Ferre: I have to take the law on that, Father. Rev. Gibson: Wait a minute, I didn't ask you about the law, I'm talking about the moral imperative, that's what I'm talking about. He ought to get out be- cause all he is doing..he stands the possibility of putting us in a compromising position, now, I'd rather not have that liability, I'd rather go to work and get somebody else in his place. Now, you can't have your cake and eat it too. You either, or. And I think we, the Camtission, ought to exact the people. When they offer themselves for public office, at that point in time they ought to get out. Mrs. Gordon: Mr. Mayor, I saw in the television cast that Bob Neuman, one of our Police Officers, was asked to resign and did resign in order to run. Mr. Plummer: Bob Reynolds. 2 A U G 1 1978 Mrs. Gordon: Bob Reynolds?..I'm sorry, Bob Reynolds was asked to resign and did resign from his job and I don't see why he was asked to resign. Mayor Ferre: Well, we can also ask Bob Shevin to resign and he could resign. (MIXED UNINTIILIGIBTE COMMENTS, IMPOSSIBLE TO ISOLATE) Rev. Gibson: Mayor Ferre: Rev. Gibson: Mayor Ferre: Rev. Gibson: Mayor Ferre: We don't appoint Bob Shevin, we elect him. Excuse me, Father, I'll be happy to just.... Go along, Mt. Mayor... Fine, thank you.... but I'm going to respond because I have sane feelings about it. I understand, you go right ahead and whenever, you know,... Rev. Gibson: You go ahead, I'm going to let you go ahead. I don't thin}: we ought to be playing yo-yo's arotnd here, I think that you said to us at the last meeting this is what was, end I gave up my time, I gave up the churah service to come here for this p'rpose. You know, and then a guy canes and he wants to have his cake and eat t too. Mr. Plummer: No,..you know, s ice I'm the bad guy let me speak. Father, I don't think....have I heard th; Mr. Argues wants to stay on? Argues has done the right thing and offered to ender his resignation, I think what the Mayor has tried to do is to see if i is not effective, then ask Mr. Argues to stay around until we can make an ap; ,intment. Now, I'd hate to see Mr. Argue; put in a bad light when he did the 'ight thing. Mayor Ferre: And I wasn't the )ne who thought of this, by the way, he the one that came to me and said- )u know, Hans Tanzler has asked me to do this but we've been checking it out ind we've got a reading from the Attorney General's office and from the Secretary ct' State and the fact is that if I don't a:cept pay, I can do the sane thing tt-.it Mr. Shevin did. Now, I don't care if Mr. Shevin was elected or wasn't elected, it's a matter of law, that's all, it's that simple. Rev. Gibson: Mr. Mayor, you kn)w, let me say this to you and the rest of the members of the Commission. I t link we need to run this Commission with some simple, ethical decorum. I sat that Mayor Ferre: I'm ready to vote Rev. Gibson: I'm ready to vote too. Mr. Reboso: Mr. Mayor, I would like to offer the name of Armando Lacasa, Chairman of Little Havana. Mayor Ferre: All right, we have a motion for Armando lnen sn. Rev. Gibson: I'd like to offer the name, Mr. Mayor, of Mrs. Freeman. Mayor Ferre: All right, we have two names. Are there any other nominations at this time? Mr. Plumper: Mr. Mayor, it's pretty obvious what I've got to do and I don't want to do it, but the manner in which we are proceeding I then would be forced to vote, right Mr. City Attorney, I could not abstain? Mr. Knox: Yes, sir, but you would have to profer the reason for your abstain- ing in writing Mr. Plumper: I've already made my reason but I don't think that qualifies, you know,... Mayor Ferre: As far as I'm co:cerned,any member of this Commission who wants more time to interview all of the nominees, I personally have no objections to doing that; now, I'm only one vote out of five. So I certainly would not deny you, or anybody else, like I never have. 3 AUG 1 1978 116 fe- Mr. Pittner: cciish what deadlock this Mayor Ferre: Mk. Pluw,er : Mayor Ferre: Mayor Ferre: Mrs. Gordon: I appreciate that. Mr. Mayor, the only way that I can ac- I need to accomplish is to offer a third name which then *buid Commission. Who are you offering, Maria Hernandez? Who is Maria Hernandez? Are you making the nomination Mr. Mayor? Yes, I will in a moment, if you don't I Will. That's funny. Mr. Plummer: Who is Maria Hernandez? Mayor Ferre: Let's get them all out. Mr. Plummer: Well, wait a minute, you had nominated Maria Hernandez...? Mayor Ferre: No, no, no, I'm sorry, go ahead, make your nomination and Rose will nominate Maria Hernandez and if she doesn't, I will. Mrs. Gordon: I'd like to simply state that Emilio Milian had been asked if he would serve and has said that he would like very much to serve the City in this capacity except that he is searching for a new radio station and there may be sane conflict for him if he accepted this position. So, I wanted the records to reflect that he is a viable candidate but he is not able to serve this time. Mr. Plummer: I've heard of him. Mayor Ferre: J. L, who do you want to nominate? Mr. Plummer: Well, if the name of Maria...Mr. Mayor, I still am not prepared to offer a name and I will not, only if I'm forced to,to force a tie. Mayor Ferre: Hey, look, you are the one that wants time, I have no objections to vote for that if that is your vote, and one of the prefaces that you made in it is that you wanted all the candidates...so that you would have time to talk to all of the candidates, so, you know, make your nomination. Mr. Plummer: I have no nomination. Mayor Ferre: Okay. At the present time we have two nominations. Mr. Plummer: May I ask, just for my information, who Maria Hernandez is, do I know her,..is she present? Am I very ignorant, everybody is sitting around 1L... I should know who she is and I might know her by sight and not by name. What's everybody laughing about, I really feel like a fool. Rev. Gibson: Mr. Mayor, I would concur with Commissioner Plummer. I feel the same way. I think that the names ought to be proferred and we should know who these people are and we ought to check on them. I have no objections to that. I have proferred a name. I think any name I might profer has the right to be scrutinized because you are dealing with a critical matter of this City which may determine life and death. I have no objection to that, Plummer, I'll go along. Mr. Plummer: Well, Father, do I indicate...do I understand by your comments that then you are not going to force a vote today? Rev. Gibson: Mr. Plummer: Mayor Ferre: No, sir. Oh, all right, then I have no problem. All right, at this time we have two nominees,.. Mr. Plummer: Excuse me, just for my clarification, Rose, at this time are you proferring any names at all? Mrs. Gordon: I'm not proferring any names at all. I just stated to you that the 4 A U G 1 1978 person who I thought would have been an excellent candidate is not available at this time, okay?, that was Emilio Milian. Mayor Ferre: Anybody else? When is it that we are going to vote on these people...in September? Mr. Plummer: Well, Mr. Mayor, I want to say that with the exception of the 16th of August, in which I have to be in Tallahassee, I am available at any time with the exception of that day. Mayor Ferre: All right, as I understand it, these are the two nominees so far, right? Anybody else want to profer anybody else? Mrs. Gordon: I simply want to state that I don't think that it would be fair to any one to nominate them and then not vote for them and therefore I'm, you know, certainly not for playing a game with people, to nominate people just for the same of swelling the roll. Mayor Ferre: I agree, that's why I kept quiet. Mr. Plummer: Well, you know, I don't know of a time when this appointment would be rrore important, I really don't and the only way that I...I know Mr. Lacasa, and somewhat I know Mrs. but I don't know their philosophy as it applies to Civil Service anc Affinirative Action and I think it is most important that if I'm asked to vole for one of those two people that I must know their philosophy. Mayor Ferre: Okay, is there anybody else nominated? If not, we stand with those two nominations and the Chair will close the nominations at this point and unless I hear otherwise, the only way we will do this is in September when we meet again we'll have to nominate one of those two. Mr. Plummer: I am more than agreeable. Mayor Ferre: Unless, of course, :o ebody wants.... Mr. Plummer: Excuse me, Mr. Mayor, with this exception,... Mayor Ferre: If three people wan. to nominate somebody else, obviously that would .... Mir. Plummer: No, sir, I'm thinkirg, and I'm going to say it right in front of the beautiful lady, if neither one of those candidates in philosophy are not ac- ceptable to me, then I'm going to tell you that I'm going to feel very free to go and search out someone else. Now, I don't think that's going to be the case, I hope it is not going to be the case. Rev. Gibson: Well, it would appear to me,..you know, I'm always disturbed with the way we do business here, really disturbed. It seems to me that if we hear nominating, -Plummer, when you come back if you aren't satisfied with either one of these two, you put us in the same predicament we are now. Mr. Plummer: That's right, Father. Mrs. Gordon: We've got to go back and... Rev. Gibson: You know, you know what I think? It seams to me that we ought to set a deadline for nominations and after that cut it off, so that I can have the same privilege as you. Mr. Plummer: I agree. Rev. Gibson: Otherwise, you are taking advantage of me, man. Mr. Plummer: Father, as far as I'm concerned we can set a deadline for candidates who wish to be considered by the 8th of August, which is one week from now, that will give us the rest of this month to interview and to talk with these people, I think that's fair. Rev. Gibson: Okay, why don't we agree that any member of the Commission that has the name of a person, that that person deposit that name with the Manager' 5 AUG 1 1978 And the Manager has the responsibility to -act pronto- call each of us and tell as who the person is and get the biographical data of that person to us. Mr. Plummer: That's true: Rev. Gibson: And then, after the 8th, no other name can came in.., Mr. Plummer: I agree. Rev. Gibson: ...and then we vote in the September meeting. Mt. Plummer: That's right. Rev. Gibson: ...otherwise, we are playing games, man. Mr. Plumper: That's fine with me, that's agreeable. Mrs. Gordon: A point of clarification, Mr. Mayor, that needs to be made, the statement you made regarding the resignation of the present member, Argues, did I understand you correctly that it is your interpretation that his resig- nation be effective the date of the election, win or lose, it wasn't just if he won, that isn't what you said, is it? Mayor Ferre: No. Mrs. Gordon: It's win or lose, he is out. Mayor Ferre: Manolo Argues came to see me about his resignation. He said that he was really torn between the resignation but he didn't want to create any pro - blahs for Hans Tanzler, but he didn't know what the law was. So I said that I would call up the Attorney General's office and the Secretary of State, and I found out that the law would permit him to remain as a candidate...I mean, in his position, provided however that he not accept pay. That's the law. Now, in the case of Shevin, he has not resigned but would ... but his resignation is. of course, meaningless, since his term of office automatically runs out at a date certain. Mrs. Gordon: But the point I just want to clarify is if he doesn't win, he is still out. That's the point. Rev. Gibson: Right. Mayor Ferre: No, if he doesn't win and he hasn't resigned, then he hasn't resigned, this is not an elective office, and his term of office doesn't end so that isn't right, it's wrong. Now, the question is...it may be a moot ques- tion because, you know, the fact is, we are really in a situation...I think we are going to have to get some legal interpretation because the fact is that thL man has not represented..or has not presented his resignation in writing is that correct? And he hasn't presented his resignation in writing to me?.. Mr. Plummer: Or the Clerk. Mayor Ferre: Or the Clerk...has he presented it to you? Mr. Ongie: No, sir. Mayor Ferre: So, all he's been doing is going around talking about this and the problem may be a moot question... Mrs. Gordon: Mr. Silverman, did he express a resignation addressed to the body, the Civil Service Board, this morning? Mr. Silverman: Well, he didn't say "I resign," he said -" Goodbye, I hope you'll vote for me, nice seeing you again, I hope I did a good job, I hope you like me." Mrs. Gordon: Well, I just wonder whether we are playing games all of us, I don't know why we are here then, under these strange circumstances that you called a Special Meeting. Mayor Ferre: Rose, I was under the impression that the man had tendered his written resignation, the fact is that he hasn't tendered his written resignation, 6 A U G 1. 1978 IMIIIIIIIIM111111111111111111111111111111111111111 so, I mean I can't force the man to resign in writing. Obviously, what he is doing is going around trying to get a legal interpretation to see if he could stay on. Now, he is a little bit concerned and embarrassed about it because I'm sure he doesn't want to embarrass Hans Tanzler, and I don't blame him for that. Mrs. Gordon: Well, I Mild suggest that we clarify it for him, I mean, we put him there and it is up to us to see to it that the law is obeyed and that it is carried out in its fullest intent and that we don't allow anyone to skirt around it. Mayor Ferre: The problem is that that might be embarrassing to Mr. Shevin and I don't want to embarrass Shevin. Mrs. Gordon: I don't think Mr. Shevin is before us for an appointment, if he is I haven't been told about it, nor have we appointed him to anything particularly. I think we are concerned with a man who we have appointed and whether or not he can play games with us in this respect. I know when I was...became a candi- date many years ago and the law vas drafted then on this "resign -to -run", I had to resign. Mr. Plummer: Well, Rose, that mt.ny years ago we had different laws. Mrs. Gordon: Cane on, J.L. Th- fact is that the law hasn't really changed in that regard, it's still the same law and the law is that you must resign ef- fectivP the date of the election win or lose. Mr. Plummer: Well, Mr. Mayor, rally, if I had realized that, we are in fact meeting here today to fulfill a '.•acancy which legally has not been created, if I understand it correctly but with the idea that he must render a letter of intent that he would resign the day...at the latest,...the day that he would take office win or lose. I think the meeting has been beneficial to at least get that thing into motion which needs to be, we have set a deadline now as I understand it of the 8th of August for people who wish to be considered to tender to thP Manager their Resume which then will allow us to sit with these people and talk with there and to feel more comfortable with their philosophy. So I don't think today has been wasted. Mayor Ferre: What's the will of this Commission? Rev. Gibson: Mr. Mayor, I move you sir, that as of the 8th of August, 1978,any and ail persons who wish to be appointed or considered as members of the Civil Service Board, that person's name anh1 biographical sketch be placed in the hands of the Manager and as of that daLe...that's the cut-off date. That's a motion. Mr. Plummier: I second the motion. Mayor Ferre: All right, we have a motion on the floor and I think we have a legal question before us. If there is no vacancy, what is it that you are going to fill? Rev. Gibson: Why did you ca11 me? Mayor Ferre: Because I thought that the man had resigned and when I found out that he had not tendered his legal resignation by putting it in writing to the Chainan, to the Mayor, or to the Clerk, he legally has not resigned. Now, what do you want me to do about it? Rev. 6ibson: Let's ask him to resign effective on a particular date. Mayor Ferre: Then, make your motion. Rev. 6ibson: I so move, that he be instructed as of...when is the first ballot- ing d tte?.... (INAUDIRT.E BACKGROUND columTT) September the 12th.. . Mrs. _brdon Well, he would have to tender it now. Rev. .Jibson: ...that as of that date he no longer...he shall no longer consider himself a member of the Civil Service Board. Mayor Ferre: There is a motion by Father Gibson on the floor, l assume that 7 AUG 1 1978 you withdrew your other motion. Kiev. Gibson: I will withdraw that to put this one on and then doitte back and put that on. Mayor Ferre: That's fine. All right, is there a second to that Motion? Mrs. Gordon: Second. Mayor Ferre: There is a second, further discussion on that motion. Mr. Plummier: Mr. Mayor, I will be voting against the notion simply for the reason that is a motion was made that Mr. Argues be requested to comply with the law that he do such. Now, I don't think that we should force the man or have to force the man to do what is right, okay? And Mr. Argues has already indicated, Father, that he wants to do what is right, and I .just know bowing Mr. Argues, that he will do that. Rev. Gibson: I will use the language of the law. Mr. Plummier: That's fine. The motion must read that we expect him to comply with the law. Mayor Ferre: There is a motion with regards to Mr. Argues and his resignation that this Commission expects him to comply with State law. Is that the action? And there is a second to that. Mrs. Gordon: Is that the way you want it, J.L.? Mr. Plummier: I've just been getting an impression that Mr. Argues has been coning out in a very bad light, what the hell, he's got to comply with the law` Rev. Gibson: What is the law? Mr. Plummer: The law is, as I understand it, that Father you have to when you file for an office, that you have to at that date surrender a letter of resigna- tion effective the date you would assume the new office win or lose. Rev. Gibson: Mr. Plummer: Mayor Ferre: I think, Mr. the Attorney Mr. Plummer: really do. All right, that's the sense of my motion. That's what I understand. All right, there is a motion and a second for legal clarification. Knox, that you are going to have to get a legal interpretation from General's office as to exactly.... I think Mr. Argues is going to save you all of that trouble, I Mrs. Gordon: I think Mr. Argues is a gentleman and I know he would not want to embroil himself in a controversy in a thing like this which is relatively unimportant to him at this time. Mr. Plummer: Why would the man have gone around this morning telling everybody goodbye if his intentions were not honorable? Mrs. Gordon: You know, we are playing games but I don't think he means to play games, I think we are doing it, not him. Mr. Plummer: Look, do you want to make a motion that Mr. Argues be informed that be is expected to comply with the State law as it relates to filing for a second/ additional office, I...you know, I don't think it's necessary but if he doesn't comply he goes to jail. MRs. Gordon: Listen, I think the point would be helpful if perhaps we discussed this,...along these lines, and we asked Mr. Argues to clarify his position of his resignation since he has this Commission in a quandary and we don't know whether he has or hasn't resigned, to please notify us immediately, that's all. Mr. Reboso: I think that is his intention, to resign immediately. Mrs. Gordon: Well, I don't think we should read things into anything. I think C7 AUG 1 1978 • • Me need it in writing from him. Mayor Ferre: Absolutely. Mrs. Gordon: And I think he should do this iitinediately, Mr. Reboso: Otherwise, if he is going to resign the day that he takes office, win or lose, that will be January 2nd. Mr. Plummer: Yes, that's correct. Mr. Knox: Excuse me, the effective date of the resignation, according to the resign -to -run law, the earliest of the following three dates: the date on which the general election is held; the date on which the individual takes office if that person prevails, or the date on which the individual who does prevail takes office. So, in this particular instance, the earliest effective date would be November 7, the date of the general election. Mrs. Gordon: I just have a copy of a resign -to -run law that you issued Sep- tember 22, George, of 1977 in which you quote the law. It says that "no in- dividual may file as a candidate for public office who holds another elective or appointive office whether State, county or municipal, the term of which or any part thereof runs concurrently with the term of office for which he seeks to qualify without resigning from such office not less than 10 days prior to the first day of qualifying for the office he intends to seek." Well then, according to this he is overdue in having resigned. Mr Knox: There are cases which have interpreted that provision which indi- cated that there can be a sort of a waiver of that requisite if the individual did not decide to run until after that period of time had expired. In any event. the resignation mist be tendered and becomes effective on the earliest of three dates which we indicated but in the same statute there is a subpara- graph (5) that the Mayor talked about earlier, indicates that those individuals who would relinquish their pay... Mr. Plummer: Can I...can I..? Rev. Gibson: I want to say for the members of this Commission, I went through that kind of a shuck and jibe procedure. The only reasonable, sensible, moral and right thing to do is for a man who decides to run knowing is to resign and relief any office of his of any cloud. Mayor Ferre: Unfortunately, that makes an awful lot of people like Bob High and Chuck Hall immoral people, you know, and we've had an awful lot of people that have run for one office being involved in another. Mr. Plummer: Can I try to make two quick motions to see if we can bring this to a ..;onclusion? Mayor Ferre: Well, we have a motion on the floor and the second...Gibson made one seconded by Gordon... Mrs. Gordon: Yes, but we did not get a clarification on the wording of it. What is the wording you want, J.L.? Mr. Plummer: Rose, let me profer both motions so you understand. The first one is that the City Attorney determine what is the latest day that Mr. Argues can surrender his resignation, that's number one, okay?, since there seems to be some legality about it. Point number two, since a vacancy in the Civil Service Board is imminent, since the only thing in the air is the date, that we then profer that any one wishing to be considered, surrender their Resume to the Manaa.er no later than August the 8th at 5:00 o'clock. I think that accomplishes everything. Mayor Ferre: August 8th is today. Mr. Plummer: August 8th is a 'peek from today, Mr. Mayor. Okay?, but if the law is...Mr. Argues would have to resign by that date and no later, okay? That is tc» be determined by the Cit Attorney and the State Attorney General or what- ever. number two that since a •acancy is imminent that it be known that any one wishing to be considered surreider their Resumne before the 8th of August. Now, is there anything not covered, or any problem with any of that? And if there is A U G 1 1978 hortei I' ll offer both of those motions. Mayor Ferre: Okay, there is a motion on the floor, is there a second on that? ....Well, I'll second it just for the purpose of getting it MOVing, I'll accept that. Mr. Plummer: I merely proferred it to try to rove it. (GAVEL PASSED TO VICE MAYOR MANOLO REBJSO) Mr. Reboso: We have a motion and a second, any further discussion? Call the question. The following motion was introduced by Commissioner Plummer, who Loved its adoption. MOTION NO. 78-537 A MOTION DIRECTING THE CITY ATTORNEY TO INVESTIGATE THE LAST DAY MANUEL ARatJFS CAN LEGALLY SUBMIT HIS RESIGNATION (UNDER THE RESIGN-TD-RUN LAW) AS MEMBER OF THE CIVIL SERVICE BOARD; AND FURTHER STIPULATING THAT SINCE A VACANCY ON THE BOARD APPEARS TO BE IMMINENT, THAT ALL INTERESTED PERSONS SUBMIT THEIR RESUME TO THE CITY MANAGER FOR CONSIDERATION NO LATER THAN AUGUST 8, 1978, BY 5:00 P.M. Upon being seconded by Commissioner (Mayor) Ferre, the motion was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Mr. Grassie: W. Mayor, as a point of clarification, the candidate nominations that I will receive will be only from members of the City Commission, not from the public. Mayor Ferre: Well, I think it shDuld be that way because otherwise you are going to open up Pandora's box. Well, here is two of then right here, you got then, that ' s the resume of Mind Freedman and Armando J ara5a . Anything else to cane up before this Commission? 2. BRIEF DISCUSSION ITEMS: a) City of Miami checks for retirees. b) Request City Administration to cooperate with Miami Police De- partment's participation in 'Police 0lymmmpics-78' (San Diego,Ca. Mr. Plummer: Mr. Mayor, two things and I will just ask on the record that the Manager forward to me. Mr. Manager, I've been asked when the retirees are looking forward to, other than the work that they've done, the fruits of their labor, when will they be getting a check, if you'll report that to my office. Second of all, this comes up every year and I feel duty-bound to bring it before the Commission this year. I would like to make a motion of intent that if there be any way possible, the Manager be instructed to try to help in the 1978 Police Olympics, that in any way possible, that this City Commission can get behind then financially or otherwise to help them in this endeavor which is in San Diego and in which our Police Departmnent is competing. Okay? Was I talking on deaf ears?...Rose, the Police Department is participating in Police 0lymmpics this year, they need help, okay? A notion of intent if in any way possible that the Manager can find a way to help them either financially or otherwise that he be instructed to do so by this Commission and....do you want a motion on that? Mrs. Gordon: Second. • Mt. Grassie: Just to remind he City Commission the history on this. This has been in front of you twice, that I know of, before. It is important to remember that when we are talking about the Police Department, we need to distinguish between a representation that you may get from the Police Union and the position of the Police Chief. What I'm suggesting to you is that I will be happy to provide any support for that kind of activity that is ap- proved of by the Police Chief. Mr, Plummer: Fine, I understand that, and knowing what an athletic nut he is I'll offer it in the form of a motion. Mayor Ferre: All right, we have a motion and a second, further discussion, call. the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 78-538 A MOTION DIRECTING THE CITY MANAGER TO TRY TO ASSIST THE MEMBERS OF THE MIAMI POLICE DEPARTMENT THAT ARE PARTICIPATING IN THE 1978 OLYMPICS TO BE HELD IN SAN DIDGO, CALIFORNIA. Upon being seconded by Commissioner Gordon, the notion was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Mayor Ferre: By the way, so that it is legal, I extended the Commission ses- sion 10 cover that item. WAIVE REgTAL FEES FOIE PATIENTS' OOALITION FOR THE USE OF DAY CARE CENTERS AS MUTING PLACE. Mayor Ferre: Anne, did you want to address the Commission on something? Mrs. Anne Wilson: I want to preface my remarks by saying that this is just a sta:anent that I have had typed up and I'd appreciate your letting me read it, and I'1] give you each a copy afterwards. "To the Mayor and Commissioners: As Mayor Ferre has said many times it is not the function of the City Administra- tion to be cognizant of the requirement qualifications for the operation of a quality Chid Care Program. It was for this reakon that the Mayor and the Com- missioners have an Advisory Committee on Child C«re. In the light of the Mayor's statements, it is our obligation to strongly recanmend that any directors se- lectel for the program be qualified in early childhood education and have ex- perie:lce in child care adminis.ration. We reali::e that the present appointment was ai administrative decision yet, as advisors to you,we must inform you that we taint approve of someone who does not meet the qualifications of the posi- tion of director and we want to bring that before you and go on record because we are....there were professionals here but unfortunately because the meeting was delayed they had to leave but they wholeheartedly concur with this, that the gaalifitrations should be early childhood education and administrative quali- f icat ions , okay? Mayor Ferre Thank you. Mrs. foyce Lynch: May I ask just a question? Mayor Ferre Yes, Mrs. Lynch: Would the City Commission approve a waiver of fees for the Parents' Coalition to have meetings in he Day Care Centers? 11 AUG 1978 Mrs, Gordon: I would so move. Mayor ?erre: All right, Rose Gordon troves, Gibson second, further discussion. Mr. Plummer: Now, Joyce, with the assumption that this is in reasonable hours and "not unreasonable use I will be happy to go along with you. Mrs. Lynch: The previou3 administration for the program was more than willing to.... Mayor Ferre: Do you hav any problems with that? Mr. Grassie: I don't kn)w Mayor, but that's my problem. I know that the history...all I know abort the history is that apparently the last time there was a meeting held, there was same question about fees. I have no background on it except what Mrs. Lynch told me in the corridor which was, you know, relatively little. I don't know what the position of the Department is, I don't know why the problem has come up... Mrs. Lynch: Mr. Howard is here, he can tell you. Mr. Grassie: ...but it 3eans to me that it would be important to know these things before we took a vote. Mr. Plummer: May I sugg?st that you meet in the Captain's Room, over in the Parks Department, which would oe I think a lot easier for everybody... Mrs. Lynch: But that's also Day ('ire Program and we were told by Mr. Howard that we were not allowed to... Mayor Ferre: Well, that's something that the Administration has to determine and has to...under the word reasonable, okay? If you have any problems with that you come back to the Commission. Mr. Grassie: All right, if what you are indicating is that we want to treat this program -and this is basically what I told Ms. Lynch- if you want to treat this program as we do any other citizen group, any other program that we are working with, you know, that's cm' intention. I don't know what the specific problem has been. Mr. Plummer: Mayor Ferre: Mrs. Gordon: Mayor Ferre: cussion? Any other 'in-house" program. All right is there anything else to cane before this Commission? Well, don t we need to count a vote on that? We are go:ng to in a moment but I...is there any further dis- ;t Mr. Grassie: But, we dc, all of us, understand that I'm going to have to go back to the Department :nd find out what their position is and then we'll try to do everything we can, wt understand that. Mayor Ferre: We all understand that. Mrs. Gordon: Under dis has a Parent -Teachers' of the program and for Parents' Group which is quality that we can be j having their program, s< reasonable that you shoe tion? ussion, in support of the motion. Any school program ssociation connected with it for the good and welfare he welfare of the children. I see no difference in this working with the teachers and to keep the school of a roud of meeting in the facility where the children are for that reason, if for no other reason, it would seem ,id be permitted to meet. Do you want to call the ques- Mayor Ferre: Call the oll please. The following moti< a was introduced by Commissioner Gordon, who moved its adoption. MOTION NO. 78-539 A =ION WAIVING THE RENTAL YEW ON THE USE OF THE DAY CARE 12 AUG 1 1978 • • MAURICE A. FERRE Mayor GAF !'ERS AS MEETING FACILITIES REQUESTED BY THE PARENTS' 00A,ITION . Milk Upon being seconded by Commissioner Gibson, the motion was passed and hdOpted by the following vote: i Commissioner Rose GordonOMB Commissioner J. L. Plummer, Jr. ming Co mi.:sioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso WS Mayor Maurice A. Ferre IIIM NOME Mayor Ferre: And before we adjourn I just want to tell you, I really don't recall on the record ever saying that the City's administration does not have to be cognizant of requirements and qualifications for the operation of ChildME Care Program. I mean, if the City's administration doesn't know, who is going ME to know? I just want to say on the record that I..I don't want to get into a debate with you but I don't accept that. IMF NOES: None. Ms. Wilson: Maurice, was thatdidn't that s whysay you had us so wewere couldignorant, adviseyou,you had saidmany okay? Mayor Ferre: That I accept, thank you. ADJOURNMENT There being no further business to cane before the City Commission, on motion duly made and seconded, the meeting was adjourned at 6:05 P.M. Ai'i'i r : RALPH G. ONGIE City Clerk MANY HIRAI Assistant City Clerk iMM IME MEE mmw- Emm-