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HomeMy WebLinkAboutminutes - 1Chairman Winton: Commissioner Teele, would you like to go to the -- Vice Chairman Teele: I very much would. Mr. Smith and Ms. -- Chairman Winton: Williams. Thomasina Williams. Unidentified Speaker: Williams. Vice Chairman Teele: -- Thomasina Williams have been here very patient. H. T. Smith: Thank you very much. Good morning, Commissioners. For the record, my name is H. T. Smith, and my business address is 1017 Northwest 9th Court, Miami, Florida. Commissioner Gonzalez: Allapattah. Mr. Smith: Thomasina Williams, the distinguished lawyer, distinguished business lawyer, and civil rights lawyer is here with me today. On June 9th of this year, this community lost a human treasure when Wilkie Demerit Ferguson, Jr. succumbed to his battle with leukemia. Fourteen days after his death, Congressman Kendrick Meek introduced House Resolution 2538 to name the federal courthouse, presently under construction in downtown Miami, the Wilkie D. Ferguson, Jr. United States Courthouse. Since that time -- as a matter of fact, as of last Thursday, Senator Bob Graham introduced a companion resolution in the Senate, and we will ask for permission to amend the resolution to add your support, not only for the House resolution, but also the Senate resolution. Since this matter is being televised, we'd like to spend just a moment to share with your constituents what you all know. Judge Wilkie Ferguson was a great American, first of all, having served his country honorably in the United States military. Judge Wilkie Ferguson was a pioneering jurist. He was the first African -American to serve anywhere in the state of Florida on the trial court for workers' compensation. He was the first African -American in Miami -Dade County to serve as a circuit court judge, which is a court of general jurisdiction. He was the first African -American to serve on the Third District Court of Appeals, which is the appellate court handling all appeals from Miami -Dade County and Monroe County. He was the first and only African -American to serve as Chairman of United Way of Greater Miami. He served over 10 years as the chair of historically black Florida Memorial College. And president Albert Smith said recently that the foundation that he laid is the primary basis for the progress we see in terms of institutional building, in terms of enrollment increases, and in terms of programmatic thrust at the university. But Judge Wilkie Ferguson wasn't just first, and he wasn't just present. He made a difference. It was Judge Wilkie Ferguson, in 1980, who made a landmark ruling that in a civil case, you could not exclude people from service on juries because of their race. As a result of his ruling, that decision was followed all over the state of Florida in civil cases, and all over the state of Florida in criminal cases, and now the former practice of excluding people because of their native tongue, because of their origin, because of their gender or race is now constitutionally forbidden because of the landmark decision and visionary interpretation of law by Judge Ferguson. Anyone in disability community will tell you how many they loved Judge Ferguson, because it was his decision, as a federal judge, where he ruled that it was unconstitutional for the state of Florida to not properly fund the budget for critical care to people with cerebral palsy and other debilitating physical disabilities. Three 1 November 25, 2003 legislative sessions went by, and the Florida legislature did not comply with his order. Judge Wilkie Ferguson held the state in contempt of court, fined the state of Florida ten thousand dollars ($10,000) a day, and in the next legislative session, the Legislature found another three hundred million dollars ($300,000,000) to provide for critical care needs for the disabled in our community, and disabled people all over the state of Florida are receiving much better care as a result of his elevating the humanity of the law to make it serve the people. In this Thanksgiving period, I hope that those of you who are here today will feel, as stakeholders, in making history, because sense Florida was a state, never has the contributions of an African -American been honored by naming a federal courthouse or a federal building in honor of an African -American. So, today, passing this resolution, you will be a part of the team that will make this history, and you will say to your constituents, the people in the state of Florida, and the people around the country, that this heterogeneous, diverse, dynamic community respects and honors and gives great value to the contribution of all of our heroes, no matter their native tongue, no matter their color or their gender. And so, I ask you to wholeheartedly, enthusiastically, with the support of my lawyer, Thomasina Williams, to go on record supporting this resolution. As you know, the Dade County School Board has, the Dade County Bar Association has, and the Black Lawyers Association is now the Wilkie D. Ferguson, Jr. Bar Association and, of course, we've gone on record, as well. There's a groundswell of support for this. And the one last thing I want to say is this. We know that Judge Wilkie Ferguson was a great patriot. He volunteered to serve. We know he was a great lawyer. I handled cases with him. We know he was a great judge. He was a great member of his church, as a matter of fact. A leader in the choir. As a matter of fact, when I was going to his church for his funeral, in passing, you know, he's right in the heart of the ghetto. It's saying a lot of about him, that he still went to church right where he grew up, a federal judge. He never forgot where he came from. But the most important thing about Judge Ferguson, when his name is on that courthouse building, and we take our family by it and our children by it, that he was a great human being, and I think that's the greatest thing we could say about anyone, he's a great human being. It didn't matter where you came from. It didn't matter what your position was. It didn't matter what your problem was before him. He treated everyone as equals, and he found a way to see the humanity in all of us. And that's why, if you go around this community, you would be hard pressed to find anyone, man or woman, young or old, lawyer or nonlawyer that has one cross word to say about Wilkie Demerit Ferguson, Jr. So, Thomasina Williams and I employ your support. We want to wish you and your families a happy Thanksgiving. Vice Chairman Teele: Mr. Chairman, with that eloquent -- and I would hope that the City Attorney will work with communications, and maybe a packet -- a media packet of that eloquent statement, and maybe that could be a stand alone statement in our media packet. But with that eloquent, I would like to move the resolution that is before us of the City Commission strongly urging and adopting of House Bill 2538 and companion Senate resolution to be designated of the United States Congress, which supports the naming of the new federal courthouse to be located at 400 North Miami Avenue, in Miami -Dade Florida, as the quote "Wilkie D. Ferguson, Jr. United States Courthouse" in honor of Judge Ferguson's lifetime achievements in public service, and directing that the City Clerk office to transmit a copy of this resolution to the officials designated herein. I would so move. Commissioner Gonzalez: Second. 2 November 25, 2003 Vice Chairman Teele: Mr. Chairman, Mr. Smith, H. T. Smith said almost as an afterthought what I considered to be the most important consideration, and that is his moral righteousness. The fact that he was a member of a church, not just a member but an officer, an officiating officer of the Anglican church, Church of Incarnation. I wouldn't want to characterize it as the ghetto, but I will say that it is in heart of the inner city where he grew up, and I think that speaks volumes of Judge Ferguson and his wife, who is a County Commissioner, Betty Ferguson, that he never lost sight of where he came from, and all those things that he's done, those firsts are great. But the fact of the matter is, he's a legitimate role model and he never lost sight. I think this country needs more real role models, not just people who are born of good connections, or people who acquire great wealth, but people who have the moral character through the test of time. H. T. said it so eloquently, that there is nary an unkind word that will ever be spoken about Judge Ferguson because of the way he conducted himself. So, I think -- I would also indicate that the -- several Hispanic Bar Associations are on record as supporting this. And H.T., I -- Mr. Smith: Thank you so much. Yes, the Cuban American Bar Association is on record. And I was proud to see that the first cosigners contacted Judge -- I mean, Kendrick Meek, Ilena Ros- Lehtinen, Lincoln Diaz-Balart and Mario Diaz-Balart were the first people who said, we want to sign onto this bill. This is a cross section of people throughout South Florida who want to honor this great American. Vice Chairman Teele: And unlike what has happened so frequently, H. T., you know, this building is not sort of the outhouse building of courthouses. This courthouse is destined to be one of the signature, architecturally significant buildings that will be a part of the skyline of Miami. And I think Architectonica is the architect, and I think that also speaks volumes of judgment of Congresswoman Carey Meek and her son Congressman Kendrick Meek in not only naming the building, but finding a courthouse that is worthy, because it's really bigger than Judge Ferguson. It's a statement that our country is recognizing the true value of the soul, and the whole person. So, Mr. Chairman, you've been very patient today and I really appreciate your entertaining this motion at this time, and I would ask for a roll call vote. Chairman Winton: And I would agree. We do have a motion and a second. And I think a roll call is absolutely in order. A roll call was taken, the result of which is stated above. (Applause) 3 November 25, 2003 City of Miami Legislation Resolution: R-03-1209 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 03-0290 Final Action Date: 11/25/2003 A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY URGING THE ADOPTION OF HOUSE BILL 2538 AND ITS TO BE DESIGNATED COMPANION SENATE LEGISLATION , WHICH SUPPORT THE NAMING OF THE NEW FEDERAL COURTHOUSE, TO BE LOCATED AT 400 NORTH MIAMI AVENUE, MIAMI-DADE COUNTY, FLORIDA, AS THE " WILKIE D. FERGUSON, JR. UNITED STATES COURTHOUSE," IN HONOR OF JUDGE FERGUSON'S LIFETIME ACHIEVEMENTS OF PUBLIC SERVICE; DIRECTING THE CITY CLERKS OFFICE TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. WHEREAS, the Honorable Wilkie D. Ferguson, Jr. ("Judge Ferguson") in 1976 was (1) appointed as the first Black judge to serve on the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, from 1980 to 1993, (2) the first Black judge on the State of Florida's Third District Court of Appeal, and (3) appointed to the United States District Court the Southern District of Florida in 1993; and WHEREAS, the late Judge Ferguson (1938-2003) was a pillar of the Southern Florida legal community and a soft-spoken champion of society's underpriviledged; and WHEREAS, Judge Ferguson's principle insistence on fairness elevated the definition of justice, and infused it with compassion for humanity; and WHEREAS, Judge Ferguson's legacy as a distinguished lawyer and pioneering jurist epitomizes the ideals of equal justice for all; and WHEREAS, as a champion of fairness and in honor of his unselfish actions and decisions related to equal access, equal rights and equal opportunity, it is appropriate to honor Judge Ferguson by naming the new federal courthouse in Miami for him; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The adoption of House Bill 2538 of the United States Congress and its to be designated companion Senate Legislation , which support the naming of the new federal courthouse to be located at 400 South Miami Avenue, Miami -Dade County, Florida, as the City of Miami Page 1 of 2 Printed On: 12/10/2003 File Number: 03-0290 Enactment Number: R-03-1209 "Wilkie D. Ferguson, Jr. United States Courthouse," in honor of Judge Ferguson's lifetime achievements of public service is proudly and strongly urged by the City Commission. Section 3. The City Clerk is directed to transmit a copy of this Resolution to Speaker of the House J. Dennis Hastert, Senators Bill Nelson and Bob Graham and all members of the United States House of Representatives for Miami -Dade County. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} Footnotes: {1 }If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 Printed O,:: 12/10/2003