HomeMy WebLinkAboutCC 1976-09-28 Minutesr R
CITY OF MIATVII
SP CIAL
COMMISSION
MINUTES
(CIVIL SERVICE & PUBLIC HEARIIG PORTIO`I)
OF MEETING HELD ON SEPTEMBER 23, 1976, 5:05 P.M,
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G. ONGIE
CITY CLERK
11
Mr. Plummer: Wouldn't . be proper, Bob, that we start s off since we deferred
it the other day with the attorney, even though I've read it the paper what the
attorney did I haven't been informed. I'd like to hear from the attorney as to
what his ruling is. What I would like since we deferred this the other day to
be sent to the Legal Department for clarifica`_ien since there was Some question
as to the legality of what is proposed, and one again I read in t.na paper and I
have not had the benefit of being inforrrL So ::r. Attorney, I would like to be
informed as to your opinion. Is what i•ir. Grassie is preparing to do here or
attempting to do, is it legal? Is it not? And any comments you might make on
that matter.
Mr. Frank Weston: Mr. Mayor and members of the commission,pursuant to the instruct-
ions I received in the preceding meeting I met with Mr. Paulk in an attempt to
determine what the question was that he was posing. As I understand the question
it probably is in two parts. One is the ordinance establishing the Human Resources
Department legal and in accordance with the Charter and then the next question is
the manner in which Lie ordinance is being implemented and the manning that is
being set up in the budget by the Manager sufficient to allow the Civil Service
Board and its staff to discharge the duties that are placed upon them by the Charter.
Let me say first of all that in reviewing the. ordinance itself and in the prepar-
ation of it I have no question that it was done and is in accordance with the
Charter. When I prepared this ordinance for submission to the City Attorney at
that time, Mr. Lloyd, I read a memorandum to him explaining this. And if I may
to get it on the record, the memorandum is as follows: Pursuant to the request
of the City Manager received through Mr. Parades I have prepared the proposed ordin-
ance creating the new department of Human Resources. The functions and duties of
the department were as suggested by the City :-tanager's Office in accordance with
the recommendations of Booz-Allen and Hamilton, Inc. Several sections of the Charter
had to be taken into consideration in preparing an ordinance which was in compliance
with the Charter. Those sections were specifically Section 16, 19(a), 20, 63 and
90 and I inadvertently omitted 64 in that particular thing but I did take it into
consideration. In my opinion, the proposed functions of the new department were
in part designed to authorize the department to perform as many of the tasks now
performed by the Civil Service Board as might be possible without violating the
provisions of Section 63. You will note that Section 63 provides, "The Board sub-
ject to approval of the commission shall adopt and amend and enforce the code of
rules and regulations providing for appointment and employment in all positions
of classified service based o'1 merit, efficiency, character and industry which
shall the force and effect of law. It has b_'eI: upheld in several opinions by the
Florida courts the rules pronulg,t._d by the Civil Service Board in those areas
are the law governing the City of :•:i mi. For that reason it was necessary to bear
in mind the Civil Service Rules dealing with appointment and employment in all
positions in the classified service. Section G3 of the Charter provides that the
Chief Examiner shall provide examinations in accordance with the regulations of
the board and maintain a list of eligibles in each class of the service meeting
the requirements of said regulations. Positions in the classified service shall
be filled by him from such eligible lists upon requisitions from and after con-
sultation with the City Manager. The draft cf the proposed ordinance submitted
by the City Manager's Office contained portions which proposed that the new depart-
ment assume a substantial roll in the preparation, administration and maintenance
of the records of employment and promotional examinations. In my opinion the
Charter places the ultimate rt poniibh.lity and authority in this area upon the
Chief Examiner to be discharged pursuant to the• F:ules and Regulations of the Board.
However, it does not specify the manner or n:'-_in: which he should utilize in dis-
charging this rt'sonsibility. Accordingly, Scot1.on J, K, and L which I emphasize
have not boon removed fro;:` the pre .'it ordinance or the t)ropu n:d o-Ain•":nce were
written to author i?.e the new donart-m:.'I:t to w:'rk with the Civil Service Fnard and
Chief Examiner Lut recognizing that neither the board nor the examiner can 1:iwfully
be rc.lic•vc1 of their rcpl:on ibil ity or deprived of their authority delelateJ by
the Charter .in an ordinance for the City of ':1.;:::!1.. rncordingly, it ie ry opinion
that the ordinance as written pro:id:'s the authority of the 1?epartm.: ut. of Human
Resour•:'es to act in the areas prn::oned pcovld•_d they du so in eicrordenee with
Sect:ice 63 of t:hn Charter. IVO'.J thy.. ordinance it was written wan the one that
was lrre:arcd in rough form by Foo:.-Allen. H_:ny of the thinee th_;l_ were in that
ordinance wont. too far. My tar=: in prtp(lrine the ordlinanee wee to delete those
portioee of it which were in violatio . Of the Chester which 1 did. Some of the
thine are Very close to t.li': line but in all cf those arcen the or".linance provides
that the action shall be taken in accordance with of in eupeort of and that the
ultimate decision will be by thy? Civil Service F$oard. There are other areas tha.t
are encompassed in the ordinance 1,'h.ich have been performed by they board but which
are not: specified by the Cherter. Some of these t11iege are record keeping. These
prov_sia:.s in the peeeent a lir!,.ri:'e, it's a qu. ntion of management and the decis-
ion to where they're going to be done I ti/-i.nl: has to be made by the executive
department in management. In short, my opinion is the ordinance as it is written
is strictly in accordance with the Charter. I attem.ctea to the best of my ability
to write it in that manner. There may be some question concerning the manning
which is proposed by t'-te budget whether this will al'_ the Civil Service Board
the mans to carry out their responsibility ir. 1_7:rparis7,E, administering and scor-
ing examinations and keeping those recorels.a.r_ 7..I_stions of fact which I,
and it's not a legal question really. There nay be s ee decisions that have to
be made in that area and I won't attempt to address he adequacy. I think that
Mr. Paulk will be able to address this, I advised him that he should be prepared
to do so when he comes here today.
Mr. Plummer: So the bottom line is that everything that the Manager is proposing
is legal.
Mr. Weston: Everything is a broad term, Mr. Plummer. I think what I said is
that the function of the department as delineated in the ordinance is legal.
The implementation of it may need some decisions and some questions which will
have to be decided. The bottom line is that the Charter places the duties and
responsibilities on the board which they must discharge and they must have the
facilities to do so and I think you're going to have to hear a discussion between
the Civil Service representatives or representative and the Manager to compare
what is being done and whether it is in accordance with it. There may be other
additional questions coming up on specifics where you will have to ask questions,
I may have to respond there but in general I think it can be legally done.
Mr. Plummer: Mr. Weston, I'm not asking you for what you opinion of the system
of the proposed is. I'm not asking you for any opinion in that area. Let me
ask it maybe in a backwards way. What is proposed by the Mayor by the Manager
on page 47 there is no illegal action?
Mr. Weston: I will have to respond to that that I cannot give you a specific
answer to that question, just what's on 47 because I don't know until I hear the
discussion from Mr. Paulk what he needs to discharge his responsibilities. It
may be that by the allocations that arc there the board will be prevented from
carrying oat the responsibilities that they have in dealing with examinations and
I have to listen to the exchange of concepts and infc•rmation between the two
departments or the Manager and the department before : can ascertain that.
Mr. Plummer. h.aIi; you.
Mr. Bob Paulk: Aru you ready to hear from me? As a therr nail sketch of what
occured Friday I think Mr. Weston has indicated that the meeting that we had took
up the question of determination on a legal standpoir.:. I still have some ser--
ious reservations about his opinion and it may be that bearing in mind what the
Department of Euman Resources is to accomplish and the functions that they're to
be charged with may be such that they will not impact on Civil Service. But what
is impacting upon the Civil Service Beard's ceeratioe and its office and its
budget is the deletion of 10 persons - 10 pecnle from that budget. There are 17
people in the current budget, wa have requested an additional 6. It is our feel-
ing that we cannct function bare 17 as it steeds to ay. We need additional per-
sonnel let alone losing 10 of the 17. Now under Section 71 of the Charter., and
I have given to each of you copies of excerpts fro the Charter, it indicates
that the City Commission shall appropriate tl:e n_cec-=r_✓ funds for the Civil Ser-
vice hoard to carry out its ch•.ruo und:_•r th Chart- in words to tl:.:t offc_:t. I
can read it specifically but I think you understand what I'm saying. We do not
believe that the bedget- that. wen prcpeeed in the mesalee that you received fro.:.
the City Manager is sufficient for the beard :o opereee thro r;h its office -
Under Section 63 of the Charter the hoard :is -;r:1 with a rem:-po:v i.bility to
adopt and enfor:c•;: a code of mite:; eed regulations seitect to the approvil o7 th
commission. Tr._ Cod'_ of nuleo `I T'•-•.,- er..s �.. ir. _-f; t . Manyof t , ct- an u1�tt i •: .a , the ft n
1onr that. are ontlie'd within the Department n .. E.. 17: _C tYc'l _; impart up.ln th:.
functions that are' provid2d within t:h' Civi 1. E;....•.1':a =.:lc . 1'.rtd it in ritr firm
opinion even z.uw illthongh }'.r. :'1''Eten indicate'- that funr7t.ionn, and it's really
not clear what t11o:;_ funct.lonn are at 1cnrt- i". th. 'i7c y that ha`: boon p`e!7-
c•ntcd to this point a to '..flat_ ilu:aan Reeourcc_; is going to do but. it in my feeling
that what i`_, propoi.(:cl as t0 what I:ii:?.a:i I-'.e _soured', is _ oacd to do that it doos
impact upon tho.:e requirene•nt_i of the Civi 1. Service Tales.
The Civil Service Board Office is where people apply _o become cmt l.oyed with
this City. This is where the files are maintained. The Civil Service Board
Office cannot function without the files of petiole seeking e.r,ployir nt to screen
to determine the el igibility of people who ar: ceeki c,:'.^loy:,lent regardless?. of
what the poi Lion in. The Bane appl iree to the soh._ ..:1::;g of examinations which
a charge to the beard. Under Section G3 of the Charter the Chief Examiner is
charged with that rennonsibility to provide e:•emirtati es. And the provision of
examinati.onn under the Chief Examiner as it relates t the Civil Service Board
oo`'rat.lo'l is n t: only eln.nly t +li : ..,i"7,;tr.Iri _ • .."r!--ri.n'1:; it iti th
Il11 !Ili 011 "I^I!!'n!I!!I
1
preparation or the utill...ation or the purchase of examine tons where they can be
purchased that are valid for this section of the country, this particular city
where thoy can be utilized. We can purchase examinations but there are many
positions that we cannot purchase examinations for. So I say to you that under
the rules that were promulgated by the Civil Service Board over the years that
are in force and effect today there is a conflict. ?•?r. Weston has indicated to
me that there are certain sections within the Civil Service Rules that can be
deleted by the City Commission through ordinance amendment. I insist that that
cannot be done. The Civil Service Board is not of that opinion. There are several
legal opinions that I have supplied you with that speak to that issue as they re-
late to the Code of Rules and Regulations adopted by the board and modified by the
commission over the years. So I persist that no one other than the board can
alter those rules and they must be ratified by the City Commission. Now under
our administration the manager has proposed serious cuts and I want to go over
those with you. In the package that you have with the letter to you a B-3 form
at the top, there is a B-3 form. We have over the years complied with the budget
process in supplying to the City Manager and in keeping with the intent of good
management to pursue the adoption of the budget for the Civil Service Board operat-
ion through the process as every other department throughout the city follows in
submitting it to the City Manager through the Budget Office. We did that again
this year as a courtesy to this city. another requirement to keep the adminis-
tration aware of what the cost anticipation would be but bearing in mind that
back in January, in January on January 20th when the Department of Human Resources
Ordinance was being contemplated by this corr-nission for its first reading the
question of J, K & L as this relates to the administration examinations and the
preparation of examinations and the referral of people from registers was stricken
from that ordinance because there were serious conflicts. Now under the budget
that has been proposed, and I recall specifically that at the time in January
the statement was made by one member of one of the employee organizations that
upon the adoption of this ordinance that the City Manager could reduce the budget
of the Civil Service Office and, in fact, compel the Civil Service Board to seek
assistance from another department in order to carry out its functions. Mayor
Ferre assured at that time that would not be the case. I think you can recall
that, Mr. Mayor. That is not the case today. The administration, not the commis-
sion, the administration at this point has proposed a budget that is going to ser-
iously irpare the operation of the Civil Service Board's Office. It's critical.
Looking at the B-3 form, we had proposed $361,809 for salaries for the necessary
positions, 23 positions in the budget - 17 existing and 6 increase. That has
boon dirlinished to $126, 423. I won't offer the comparison to you, you can figure
it out. Under salaries of disability, we make no such request. Our operation is
not one that is condusive to disability consequently we make no such request. That
falls more generally, I would assume, in the areas where there are injuries that
are going to occur and disabilities are going to occur insofar as salary surplu es.
Board members, there is r:o change, 12,030 12,000; there is no effort here to din-
inish or move the number or the salaries of the board. Under the miscellaneo'.is,
miscellaneous columns we have budget $5,000 and there is nothing. That $5,000
is allocated in our budget for the purpose of pursuing when it becomes necessary
court reporting services when them is a disciplinary hearing to bring together
in the event the City Manager wishes to review the transcript of the procecings-
The cost that is attached to the preparations of a transcript of a hearing• when
there is a disciplinary hearing either a suspension or a dismissal before the
Civil Service Board when an employee requests a hearing before the board because
they have been disciplined. That has been stricken and we will not have reney to
be able to provide that service to the City 'imager. Under postage we have 2000
in our present budget, we requested an additional 300. That has been dinini si)ed
to $250 and I tell you that in the pcoee asinq of applicants and the noLi Ciceti.on
of applicants of examinations that eee schedaled and the nc` ificatlotl of thase
applicants that they are either on a register or not on a register an] the refcra1
of those applicants we rust have postage in order to communicate. And $250 ie
not going to do it. Under the advertising ae] publications for publicity we re-
questeJ ; 1c-i,000 and we had $ 10,000 in the current belg'ut.. At the present time
we advertise in 3 r.:...a media. We a:dv'. rt i ne in the Mi an y i? 'ra1 Cl and have been for
many many yearn. We advartine 1n the Las Dieries. do las !'tii_:.''ic'af and have been
since Jaiiu:iry of 1974, it could be 73 at this tit I'm uncertain as to the year.
We also advertise in the Mid:i 1'ir. =;(.) that we have the three different rr._di :
insofar as thy? ethnic make up of tip:' co.:'::•'.ur i t.y to 1)t able to communicate municat.e with
them and advise them of join openins; th_:t nay be available. There is no money in
our budget to be able to advertise. We are charged under Civil Service Rules to
advcrt.ine for examination; no ?.esn than 15 days prior to that examination being
given and we will not be able to do it because there is no money appropriated.
The motor pool, we reguested an additional car, we have one at the prone -a: tire.
An a:ldlt opal car was naked for because in the expansion of our faci liti .$ to
the public and to render our examination process one that is sound and one that
is valid. We need to expand our petn onnel to be able to do the necessary work
r. r 'lr•
i, ;1
to validate our examinar_e process. I do net say that i examinations are tot-
aly vali-1 at this point, I don't either say that they are in:•alid They've been
good examinations. They've b'_:1 examinations that h ee proved fruitful for this
city in providing a pied group of people who _ yecs of this city but they
need to be looked at and we need to follow the re.. _i r_.. ants of E.E.O.C. in valid-
ating our examinationa. That is not ._.e. _thi:'.g thst •_ ,., be done over night. We
have some 250 classificationa, s ne eetrinee aed aema proo tional. Some are not
examined by way of a written examination, seee are re=h:1 rt'.d to be a professional
where no examination is given but theae is a sar-y•.s enough number of those exam-
inations that we have to increase our personnel to be able to go about the task
of identifying enough of their abilities, knowledges an3 skills to be able to
determine what should be tested for in a given classification and we can't do it
because we don't have enough people new. I've to_:: you that before. I told you
that in January and it was an admission of sin. I tell you that now and it's
because wa need to tell you that we need more people in our budget to be able to
operate and to be able to do that that is required in meeting the obligations of
the Charter for the Civil Service Board's operation.. We need more people. And
when we have to do task analysis we don't do it in the office. We must send peo-
ple out to ascertain what it is that a job is supposed to do to fine out what
knowledges, abilities and skills one oust posers to be able to determine what
your test is all about and identifying those knowledges, abilities and skills.
consequently we need another vehicle to be able to move people out into the field
to be able to perform that work in the process of validating an examination.
Maintenance contracts, with the deletion of personnel we don't need as many pieces
of machinery, as many typewriters so the maintenance contracts have been diminished
to $120 rather than $550. I think we have eleven machines that are presently under
maintenance contracts - typewriters, computer, etc. We need those typewriters and
we need the machinery that the maintenance contracts call for. We cannot lose
that equipment. We've got to have it in order to operate. Our typewriters are
used not only for business purposes but to screen those people to determine whether
or not they can type if they're seeking a job that requires typing. So that's
necessary. We have very little repairs to e .i _-er.t but if we don't have the
equipment we can diminish that to 50':. and perhaps even less. We requested $100,
it has been diminished to $50 and that's not really relative when you've got $100
for 11 pieces of machinery and you drop it dean: to 2 or 3 maybe it could be dropped
even mare. Special Services, we requested a Special Services by an increase. We
have $5,000 at the present time which covers o.:r Xerox operation and which there
is a great deal of. Xeroxing within our operation. It also calls for the funding
of the Service Award Program '.which r o. t of yo.i ere familiar with wherein the
employees are granted pins of some nature based ':n their time with the city
beginning at 5 years, 10 years, 15 and so forth �ir. the increments of 5. It coats
us in the neighborhood of $ , f'00 or in excess of that each year to make these
presentations to the people because of the service rendered to this city and to
this community. That's the only thing that -; aaentiy remains within the budcret.
We had requested an additional $80,000 in that particular section. The whole pur-
pose of this is contained within the last paracraoh of the memorandum that's on
the cover of the budget request directed z1 to the commission wherein we requested
an additional $80,000 for the purpose of establishing a personality inventory or
personnel inventory to determine what we have in the way of people, what their
necessary vocational interst is, what knowledges, abilities an3 skills they pres-
ently have that we can aeplify or sh:._ = or take a : ar.tage of by counseling these,
people and assisting them .in par. uing some trainino cr education to take advant-
age of their latent potential that perhapo has b ?n identified insofar as
assisting these people to be r.at.ivat_el toward a letter job. The $30,000 that we
requested for this was n0 that. we could eng gs a Sri': ate f l t:n to co:os in because
our tests are being challenged. 1. Let _.a use t.a • sae -rice of some outside testing
agency to m'tk_: that determination in _n.'•antory_n _ : 1_ personnel so th:tt we Can
assist them in moving aheed. I have some co`'t faetors from various }e_' chologists
rangino anywhere from 15 to $'.0 per unit deen7eirel ui o:i the case toed. I realize,
cf course, that in o'ir reci•'••'";t for $r ,Cs,e0 that thee repreeents alnout $20 per
person if every e::nloyoe of 4,000 clap o::im_tt.el' :.o take adv.0 tege of it. I
likewise re_'aliee that there are r"•:n" E_: pleyees w,..D i -I not intere ;tc'd is that,
they }nor where they're heina, they keew wh_rc they et to g) they're
'renotinter-
ested in Leine il.v_;reoried. And I tit... a: that i _ in ex;._ss of 50', of oei:
e:nployeee .io'tl'i not. take advent '<; . of seeh a . _... 1-)U I lt.tve requ._`.'';ted the funds
to be able to do this so that we can if they ere willing and are desirous of perti-
cipati ng within hin such a program that we can let t m _ ._ ticlp:tte in su::h a program.
I also re ill:._ hit those who c•'on't an't do it and there will he a surplus, of
money and that surplu_; of money could be utilied with a b » tt_ r exaninatio.h and
a better identification of the profile of the i r.:i_vi.. Ie1 in inventorying their
talents. So the ;:f0,000 could very wall be used. Tr:eel expense - we presently
have $2,00J in our budget, we r.. ue ;tend $2,000 : ei n. The Civil Service'
Board belongs to the I.l'..M.A , the N.tti final Civil . __ .ice League an3 the Florida
League also. It requires a certain amount of .. embershi n dues each year. The
F D **
membership dues to the .N.A. are a little in excess o'600 each year. There
is a conference in which tha I.P.!•I.A. has an annual conference in which we send
representatives from our office, sometimes board members, s-' tines a combination
of board members and staff r.e b•_rs, sometimes staff members only. WE had requested
$2,000 for all of this expenditure. It will take aoproxinately $500 each to send
two delegates to that conference which is going to be in Washington, D.C. this
year but $500 is all that's left. In addition to the thousand dollars it would
require to be able to semi two delegates to that conference we have additional
training seminars that are carried on throughout the country which we could re-
quest utilizing this $1,000 for travel expenses and the necessary registration
rate to be able to attend a conference. Miscellaneous, we have put in $50 for
miscellaneous expense. On the second page of the B-3 we presently have the $1,500
in publications and memberships which relate to what I have just related to you.
That has been reduced to $500 and it won't even pay the dues to belong to the
I.P.M.A. Also contained within this publications and memberships are funds to be
able to purchase those examinations that we can purchase from professional testing
agencies that we can utilize so that has been stricken and they won't be available
to us. Office Supplies, we presently have $2,000 in our current budget, we re-
quested an increase if 500 for a total of $2,500 and that's reduced to $750 - if
we're going out of business we don't need it I guess.
(INAUDIBLE QUESTION)
Mr. Paulk: This is on a B-3 Form, there are two pages together, Commissioner
Plummer. No, sir. It is a legal size piece of paper. ... Office Supplies
obviously take in stationary, take in our applications that are printed at the
Print Shop, take in pencils, paper, paper clips, the whole bit. I don't think I
need to explain office supplies to the commission. Miscellaneous and other misc-
ellaneous and office supplies in the amount of $50 which was not cut. That con-
cludes what we requested. 1•:e asked for no additional equipment, furniture or
machines. We realize that there is excess equipment that may be available, desks,
chairs and those things that we could probably get from Property Management that
are excess equipment to be able to have the furnishings necessary to compliment
the increase in personnel. But all of this has been stricken and as I want to
reiterate, this is not our request and I realize that this is Mr. Grassie's budget
but this is not what we requested of the City Manager in our budget request. And
I realize that he is attempting to impact upon the Civil Service Board's operation
that which can be transferred into the Hunan Resources Department hence that poses
a problem. Going back to the statement that Mayor Ferro made in the reassurance
in January that that would not be the case but the administration didn't get that
message - it is being done a.^._1 we will not be able to operate. There are some
case laws as it relates to similar situations insofar as Section 71 of the Charter
in other states and I say to you that in the event you do not staff the Civil
Service Board Office you are tying its hands so it cannot function and if you per-
mit the transfer of those personnel into another department it is tantamount to
amending the Charter by an ordinance and it cannot be done. If you transfer the
functions to another department we have got to have additional personnel or we
can't function in the way that is intended to be done. The Civil Service Board
had a special meeting this morning to take up the matter of the Civil Service
Board Budget and the Civil Service Board took action this morning to direct me to
request of this commission not to permit the reduction of staff of the Civil Ser-
vice Board Office. It is a serious problem and they don't want it diminished.
The charges of the Charter require us to do the thincs that we're doing and I
seriously queetion t•ir. ;. ton's opinion as it relates to the transfer, and he
doesn't relate it to the transfer but he relates it to the ordinance. Yes, I say
the ordinance is rather inn:)_uoas, it's not all then' so far as Humen Resources
is concerned. Eut as it relates to the transfer of the records section of the
Civil Service Office that is contained within the Civil Service Rules not 1n the
Charter. I strhte to you that in spite of what: his legal op'i:lion is I differ- from
that. Aucl I un...;r:;t;.an:1 that i aci not an attorney hut I differ from that and I
don't_ think that we can 1ett t}iaL heppen. I th1r.k that there are :any things that
are encumbered, spelled out within the Civil Service_ Rules that are not spelled
out in the Charter. To give yo_l an illustration then I loct': at this case la'.; on
it. The Civil service Lelard proeulr, at_'d the rules to give the guidelines in the
employment process and iti•"a dein] they cjuve the City nanager certain authority
within that prc:e a - the renal:Itii:t of wo:'1:1nrj haers in i;i the Civil Service
Rules charging the City Maea er with that Teapor:.il.bi1ity and 1 do.ibt very seriously
if it is anywhere else in the Charter. That's where it ia. The Civil Service
Board promulgated those rules and I'll give you one ilitlstr,etion that's not there.
It deals with disciplinary matters. in the Civil Service Rules it specifies the
probationary period: of each classification, for the most part they're 6 months;
for excepti.una1 positions it's 12 months and for the more exceptional positions
it's 18 rtc htlls. No, that's not opened out in the Charter bat that can't be changed
by the cohr.ni s sion. Yes, the 1 a.lyd can chenge it and the co: -mission can ratify it
but the corrheission cannot cihenge that. Now if th'a cc::'.:n.ission could change that
in this one i_ilu:5trati3e,Dr probationary period, a prop. ronary period for any
employaa is the second part of an examination process. r: r;:-:.tt.en examination
does only so much. It will eiv., you some predictL^Llity if it's a good test as
to the possible SUCC:� es of an individual, now well he _Boresseores on an examination.
But the proof is in the performanee as to haw .._l1 eee p'rior.'.s and that's what
a probationary period is all aboet. If it t A3n't in _he Civil Service Rules
there would be no probationary period b_ iu the Charter_ quite clear. Any
employee who is reduced in grade or dismissed or fined has a right of appeal to
the Civil Service Board. Now there is nothing in there that says if he's probat-
ionary or if he is permanent, only within the rules does it give that definition.
So there re things that are contained within the Civil Service Rules that are not
specifically contained within the Charter but are charged under Section 63 of the
Charter to authorize the board to promulgate a code of rules and regulations
subject to the ratification of the commission and the commission cannot change
those rules, only the board can do that. So we have a very serious problem in
the funding process and the board has asked me once again to ask this commission
to fund the budget as Section 71 of the Charter requires.
Mrs. Gordon: Mr. Weston, may I ask you a question, please? The statement has
just been made that rules that are made by the board cannot be changed by the
commission. What is your opinion on that? Say it again.
Mayor Ferre: Would you repeat your opinion on that item.
Mr. Weston: I'm reading again
Mrs. Gordon: Not the Charter, not what the Charter says but the rules made by
the board.
Mr. Weston: I'm reading my opinion which is quoting the Charter.
Mayor Ferre: That's correct, read it again.
Mr. Weston: You will note that Section 63 provides that the board subject to the
approval of the commission shall adopt, amend and enforce a code of rules and
regulations providing for appeintrent and employrent in all positions in the class-
ified service based on merit, efficiency, character and industry which shall have
the force and effect of. law. It has been upheld in several opinions by the Florida
Courts that the rules pLoinu1gete : by the Civil Service heard in those areas are
the laws governing the Ci ty of Miami. For that reason it was necessary to bear
in mind the Civil Service Rules dealing with a__poi.nte.ent and employment in all
positions of classified service. I totally aeree with t•ir. Faslk within those
particular areas. The rules arc the laws governing the City of Miami. There are
some small areas that there are rules in the Civil Service Rule Book that are not
in that particular area. Those have been passed by this commission as ordinances
and they still are the laws of the City of Miami. But in certain specific areas
the rules as contained in the rule book could be changed by the commission. I'm
speaking specifically now of the part dealing with leaves of absence.
Mrs. Gordon: Ok, Mr. Paulk, you heard the answer to the statements that you made
and you're both at odds.
Mr. Paulk: We are, indeed. So Mr. Mayor and members of the Commission, we have
submitted a budget request of $488,000. We feel it is a good budget and we feel
that we can do the propnr job that the Charter requires. I ask for your adoption
of that budget and the Civil Service Board does too.
Mr. Plummer: Lot me understand correctly. What you're saying, Bobby, getting to
the bottom line is - don't transfer the 10 p or]le to Human Resources nor the
functions which they would 1:,, fora.
.•".r.. Paulk: That is correct.
Mr. Plummer: I think we ought to hear, for the purposes of iscaring, from the
Manager. Mr. Gra`; ;ie, I'm sure you want to say something on that.
Mr. Grassie: Not particularly, commissioner. I feel like I'm coming in at the
end of an argument that's boon developing over a period of a year and a half.
Mr. Plumper: About 3 years.
Mayor ='erre: Well... the first part might be accurate, You're coming in in the
middle of im argument...
Mr. Grassie: The end of.
SEP 28196
Mayor Ferre: Yes.
Mr. Plummer: It ain't over.
Mr. Grassie: Just these points, Commissioner. First, in my initial dealings
with Mr. Faulk I've found him to be a reasonable person and I don't see any partic-
ular reason to believe that if he and the administration were working on this prob-
lem over a period of the next year that there would not be some kind of a good
working relationship that would he developed. The main points, as I understand
that he is making, is that he wants to continue to do a whole set of functions
which the City Commission has through ordinance determined would be done else-
where. I believe that he has some merit in stating that there are specific Charter
functions or formalities in some cases that must be performed through his office.
The real question is whether or not that means that every supporting activity
that leads to a conclusion also has to be performed in his office. And as I
understand the deliberations of the City Commission in the past, what you are
saying is that you want a new initiative, you want a different way of doing some
of the things that have been done in the Civil Service staff in the past and
that in fact, you want some of that supporting and assisting work to be done
elsewhere. Now it seems to me evident that just as the Civil Service Board can
go to Chicago or New York or any place else and purchase a test by the same token
it is possible for the Civil Service Board to make use of the services of three
analysts who happen to be hired by the City of Miami working with some other
department and they can take that work product just as they will take the work
product from some analyst living in New York and make use of it. So the quest-
ion of the allocation of resources I would feel is a determination that is still
within the competence of this City Commission. The other question that he raises,
which seems to me basic, is the question of the Civil Service Rules. Now the
thing that has not been clarified as far as I can see is whether or not the City
Commission has the prerogative of abolishing rules which it has adopted by ordin-
ance. It seeps to me axiomatic, and since :Ir. Paulk has offered a legal opinion
I guess I will partially. It seems to me axiomatic that if you have the preroga-
rive of adopting an ordinance you obviously have the prorogative of un-adopting
it. Now that does not mean that you can initiate the content of the new ordinance
but what it does mean is that you can abolish an existing rule and request of
the Civil Service Board that it provide you with an alternative in concert with
the City Charter and with your intention. And it seems to me on those two points
your ability to do that insofar as rules are concerned and your ability to decide
where the resources are going to he allocated to support the Civil Service activ-
ity that on those two points the position of the City Commission in the past has
been reasonable and I fe21 that given Mr. Paulk's basic good nature that once
all of this settles down that, in fact, we can work it out.
Mayor Ferro: You shook your head, I assume that that means...
Mr. Weston: Yes, sir, Mr. Mayor. I happen to disagree with the Manager concern-
ing the changes of rules. If he were correct that the rules were adopted or had
to be adopted by the passage of an ordinance he might be correct in his assumpt-
ion but that's not what's required to establish the law in the City of Miami.
The Charter specifies that the laws in that particular area dealing with rules and
regulations providing for appointment and employment based on merit, efficiency
and character, those are the rules which are adopted by the Civil Service Board
and the City Commission simply has the authority to approve or disaoprove them.
It doesn't have to be in an ordinance, it could ba in a resolution. But the rule
itself is what is the law in thne,e particular limited areas. The City of Miami
is a creature of delegated authority and the authority in that particular area
has been delegated to the Civil Service Board.
Mayor Ferro: Alright, do you want to respond?
?•:r. Paulk: I wanted to tha:i=: Mr. Weston because that's a comment I was going to
extend to the Commission mlcclf be:.:ause the first vol me of Code of Rules and
Regulations weo not en ordinan _e bat it was just as binding on the city as though
it were an ordinance. Secondly, as it relater to the utilisation of cxi :.iinations
development by the Industrial Relatioo:, Center of the Univerei.ty of Chicago, that
is under a court order an:1 not at the wliim of the board just to do that.
Mayor Ferre: Bobby, I thin:: this commission is on the horns of a dilerna. On
the one side I see the justice of your cause and I agree that we must abide by
law and the C:tarter of the City of Miami the way it is established and the way it
is outlined to 113 by our City Attorney. On the other hand we have a city which is
in the midst of suhstaotial. change. And I guess it was Arnold Prundy?, the famous
British historian and philosopher, who once said that if the leaders of society
F
c p281976
,, l�
do not recognize the paa_rno of change then one of twn Olkngs will happsn.
Either society will be drastically changed or those loadt,rs will be deposed.
That's axiomatic, I guess it took Plemby to say it. If you apply it to the City
of Miami what it means is that we have a city which i besot by financial trouble,
has an accumulation of many years of perpatuaaed crrJr thrust upon ecror and even
those of you who are the kindest in your oeiniens eleee the city admit, have admitted,
must admit that in a lot or areas wa haven't p..ro-.3cd and have gone down. From
a structure point of view we've gone down. We've tereed over facilities to Metro-
politan Dade County which has weakened the multiple legs that hold up the body
that they call the city. We've gotten into trcable with our pension system.
We have a city that spends today close to $403 per terson to render services that
other communities are rendering for $200 or less. We have statements being made
of 60% utilization factor of our employees. These are things that have come out
in these hearings today. We've had statements that the average police -fire person-
nel, according to Mr. Plummer, average $25,000 a year which is fine. I have no
objections to that. But the whole relationship of se:vices and what the city stands
for and where we're going, the fact that we have a $130,000,000 budget to service
350,000 people; the fact that we've been through the Cohen Consent Decree which
is now on its 4th year out of five and that we had the federal government down
here to give us some very strong opinions as to what we're doing on Affirmative
Action; the managerial change at several levels in the past three years; andin
total, a rather nebulous situation at best that the city is involved in vis-a-vis
its future. I think it brings this voice on this commission to conclude that the
time has arrived for changes. Now I'm not saying the changes are going to be
easy. I think they'll be challenged in court as they have been in the past. The
Consent Decree is still not implemented because it has been challenged in court.
The Cohen Decree itself is a creature of a legal proceding. The fact remains
that our progress in minority hiring is not very successful much less dramatic.
The Manager put it very well when he stated to us this morning that he could not
say that we could in any way be satisfied. That's what the Civil Rights Board of
the State oE Florida, the advisory board has concluded in their report. That's
what the Justice Department has concluded in their investigation. Now, I put the
question to myself and to my fellow commissioners, Rcse Gordon, Theodore Gibson,
J. L. plummer and Manolo Reboso: Who is our obligation to? What are we here
for? What's the purpose of our sitting here doing whatever it is that we do do,
good or bad? I conclude that our primary obligation is to th2 citizens of Miami.
Our secondary obligation is to the City of Miami, the entity called the city which
we all believe in and serve and arc sworn to ul:hold cur Charter just like those
who servo the Constitution of the Unitc:d States ha-..e swo.:n to uphold the Consti-
tution. We also have an obligation to tho cr.ployees of the City of ri=d but that
obligation is a contingent oblic:ation. It is continc7ent upon our primary obligat-
ion to the people and to the city. Now Cod knows that in the years that I've
served here I cannot think of a person who has been closer to the employees than
J. L. PLummer. I couln't conceive of a public eervant who is as finely tuned to
the employees as Plummer. And really, you've got to say about the same thing
about Rose Gordon. And the time and effort that thes2 two of us out of the five
have given to employee related matters whether they he Pension or otherwise are
unbelievable to me. I certainly have never seen that level of concern or commit-
ment on the part say of any of the commissioners in Metro of which there have
been about 40 in the last 10 years. And it is a rare type of a commitment. And
yet 1 think they recognize along with the rest of us on this commission that per-
haps the time has come for some restructuring not only in the departments but in
the services and the different things that we have to address. Why? Is it be-
cause Civil Service is bad? Of course not. I den't think anybody can conclude
that Civil Service is bad. Is it because it's been a failure? No, I don't think
anybody could sly Civil Service is a failure. Is it because we're against the
principle of Civil Service? Not at all. That principle was established 40 years
ago and the purpose of it was to avoid nepotism and avoid the shield and the inter-
vention... It. was to afford a shield a:_jeiret the iheerventioa and the undue, un-
neceesay ple.;urs of political forcr's within the e7?loyoe hiring procedure.
It was to keep tho politicians out of tampering with jeetice and dne proeess in
the performenee of the hiring and the upwerd mobility of city employees. That's
good. The problem as I see it is that without any malice on anybody's part, and
I accept, I'd like to give everybedy benefit of the eD:bt and I do not accuse
anybody of malice. But the fact is that. Civil Sereie- heo haeome :in instrument
of the perpetuation of the stetna quo. And since I ha -:en to lY oa who believes
that the city must change then I must declare mycelf onight openly and publicly
as being ah adherent to what the recommerclation IsT,743. Noa it isn't that
the Boos -Allen recommendation is innovative in any wsy or that it's revolutionary
or dramatic or unique, this type of change is currenz in the United States. From
the City of Chicago I sent to all of you a year and a half ago a Wall Street
Journal major feature article on the changes that were being instituted by Mayor
Dailey and the City Council of Chicago in that Civil Service procciinLis. Chicago
SEP 2619/6
itw��lillAi'I�i�'I''lilliiMl��liiRR�lli!!��!IRlil�P
is probably the most dr'.ic example of the changes in O"a;il Service. The very
originators of Civil Service, as you may remember front the quotes in that news-
paper article; the father, I forget the man's nape, the so-called father of Civil
Service who started fighting for Civil Service and was the president of the Civil
Service national organization for many many years m_3 a statement. He said,
"Civil Service_ is now in a posture that it needs to change with the times." The
problems are different in 1976 than what they were in 1936. This country is not
the sane. The people are not the same, the outlook is not the sane. Now that
doesn't mean that we're going to go back to the 1920's where those flagrant abuses
were prevalent which were the reason why Civil Service was created. What it does
mean is that I think it is the time for us to move along. Now, I said this was
not new, we've had this pending for two years. I don't know whether Charlie
Huttoe is here, I remember...
Mr. Paulk: No, sir, Mr. Huttoe is on vacation.
Mayor Ferre: I remember the day Charlie stood at that microphone before this
group and made a pretty impassionate speech that I thought deserved considerat-
ion, that we shouldn't listen to these Booz=Allen people. That's two years ago.
That what they said in substance, if I'm paraphrasing his statement correctly,
was accurate. He said what he said in substance, what Booz-Allen is saying is
true and we agree with the majority of it. What we want, however, is that you
permit us to do the implementation rather than to permit the administration to
implement. Now I for one amp not satisfied that the full intent of that statement
has been made a reality. And I think that I for one would not want to see the
basic underlying pupose of the Civil Service System abandoned and that is the
protection of the employees from arbitrary action by politicians or administrat-
ors. I do, however, feel that it is time to move the personnel functions of the
City of Miami under the guidance of the City Manager. Now, in closing my state-
ment here let me just say that for a long tire when I served in the legislature
I really took it upon myself to try to battle the Public Service Commission, not
the Public Service Commission, it was Florida Power and Light. And when I first
served on this commission after Bob High died I really wanted to take Florida
Power and Light on. But then you know I went up to Washington and I got to talk
to Senator Metcalfe and his staff and I spent a lot of time learning and reading
about what the problem was with the process. And then I realized why we were
all making a mistake. The problem wasn't Florida Power and Light, the problem
was the Public Service Commission. The Public Service Commission in the STate
of Florida, arcl I go out of my way to mention it. b._caa e I want to tie it into
what is happening here, functions as judge, jury, prosecutor and advocate. That's
impossible. nobody can function in that many capacities. And I think what this
Booz-Allen recommendation which after two years is on the throes of possible
implementation is that the Civil Service Department and the Civil Service Board
limit its role to being that of either judge or jury but certainly not advocate
or prosecutor. And I think that that's what this is all about. And I know it
is going to be rough and I know that I'm not going to win any popularity contests
by my advocacy certainly amongst the employees. But for me the day has arrived.
Mr. Paulk: Mr. Mayor, I would like to respond to that. It would seem that there
has been no change since the beginning. That is not true. The Civil Service Sys-
tem has made many many changes.
Mayor Ferre: I stand corrected in that.
Mr. Paulk: And has been a forward instrument in making changes in the examinat-
ion process. I recall when I came to work with the city. Examinations for prcm-
otion did not identify material that people might he able to prepare for such an
examination but the Civil Service IIoard acknowledged that that's a desirable thing
to identify the reference material from which an examination is to be administered
but for the fir:;t few years that I worked for the ci::y ono had to study everything
he could got: his bands on. ..;,':r I^'_1 that's j i bu: it's not. all toget::i'r fair.
The board did d that and they've idt•nti fleet that .. _.serial. The board used to
use .intellicjcn;•e testL!-, on promotional ex_1min; _one a:.d long before the DuP.tr case
the Civil Service ilo;ard eliminated those. I was ins::rumental as a board member
in 1966 for the removal of those as a board n. •:: cr a:-.d the board bo•igj it it, they
agree.? with it. But that_ w t , before the Du Par case to make tests job -related
and the Civii Service Board has atteupte.l to do that and they've expanded on that
into other promotional exartin.itions so that p•:ople will have so:•; i basic under-
standing as to what material they might utilize and he tested for. You cannot
say that you have had an occasion in the presence of Mr. Andrews when Mrs. W rrick
was in your office when a statement was made that an examination was passed out.
I got a copy of th.it and no one here knows that, Mr. Mayor, other than you and
myself.
Mayor Ferre: What?
SEC' 28YS1
Mr. Paulk: That an exanu.n.ation was passed out.
INAUDIBLE
Mr. Paulk: It may have been upstairs in Mr. Andrews' Office, I don't know. Mr.
Andrews called me some two years ago and told me that a statement was made that
an examination was passed out any; it was in your presence. I don't know if you
were there or not but there was a gentleman who :corked for Mrs. Verrick at the
park who made such a statement.
Mayor Ferre: Let me just for the record say that I never recall any occasion
where Paul Andrews or anybody else ever gave me a copy of any examination, and
I'll tell you point blank on the record here under oath that I have never seen
an examination of any kind anywhere at any time of the City of Miami.
Mr. Paulk: Fine. I'm just using it to illustrate a point whether you were there
or not is immaterial. !1r. Andrews gave me a copy of that. It was not an examin-
ation, it was a facsimile to based on the people who participated in an examinat-
ion in putting together the questions that the examination consisted of and many
of them did not even relate to the examination. I checked that out and before I
even let any member of the staff be aware of what in the world I was doing I wanted
to be sure of what examination it was. It took me some time to find out but I
found it out and it wasn't true. But it was not the test, but the allegation
was made and within someone's mind they believe it today and those allegations
have been made on numerous occasions but that's not the case. It's not occuring.
Nevertheless, the material from which the examination was taken was identified
and I think that's good for people to know ware an examination is coming from,
not to know what it is that's going to be on the test but know at least the per-
imeters that they may study from inorder to prepare themselves. That's good for
counseling puposes in order to counsel someone as to where the pitfalls are you've
got to identify it. With the identification of material you can show that identi-
fication whether it is reading comprehension or what it might be or whether it is
just the failure of one to have studied. Now those are the kinds of things, not
so far as the identification of materials are concerned as Booz-Allen was saying
but counseling and training. That goes hand in glove with an examination process
and the board is on target with its practices of identifying material and expand-
ing on that and I think that's good. So it's not standing still it has changed
and that's what's important. The fact that rsoz-Allen has made a lot of state-
ments and contained them within a boo':lit, some of them are agdi.net the law. They
recommended the abolishment of Veterans' preference. Now tell me how a business-
man who works for Booz-Allen and Hamilton doesn't know the Veterans Administrat-
ion Law emanating from Washington. And that's not the one that prevails insofar
as the effect on the City of Miami, it is the Florida Statutes that provides and
prescribes veterans preference. But they recommended that it be abolished and
that's a pitfall of Booz-Allen. They didn't do their homework. Everything that
they have recommended is not 1007; good, that's just one illustration. So the Civil
Service Board and its staff is not standing still, everything in Booz Alien is not
great. There are some good recommendations - training and counseling, formal
training, on the job training? What kind of education requirements is really sug-
gested by Boo:: -Allen? Yes, it is great. Who can say that they would be against
training and education of their employees? ::o one. You say it and you're there
with egg on your face because that's foolishness. So yes, there were scme good
recommendations but a training program and an academic program can be very well
expensive depending upon the e::tent to which you wish to pursue it. Training
comes under !Juman Resources, but to what extent? We don't know. How much can you
afford in formalized training to your city enole;•ees? That you don't know and I
don't know but that's whore it's going to be in Human Resources and I don't resist
training and education of employees but you •.;ill when you get a price tag on it.
Now what we have rf.:quc•sted in our hu.'.:1ot is or.•c to have some identification of
personality irvt.nt:ory. Now th''y could do tl;:, thing, th'rr? wouldn't b, any-
thing contr.rry to the Charter- insofar as doing that. But I'm saying to you we're
not standing still, we're adjusting to the ti-e. And to adjust to the time.;
particularly under Title VII of th' Civil Rights ..ct which camo into existence as
so far as go'. c:rn.:;ent.al ent i t ii_ is c':7:n,.'rnod in 1972 we have some further ad just-
mnts to make and we can't do it without staff. You have to give w; the staff and
I relliae •.her,_' you're coming from, i"r. Mayor. You want to see more chang-es than
are posuiblc at one time.
Mayor Ferre: Well, maybe there's a middle ground...
Mr. Plummer: Well, let me ask a question. Bobby, can you identify for me, even
though you don't agree with it, the 10 people transferred from your department as
listed on page 46, which are the ten?
•1n
SFP 2 81976
1141"IY1!II°I'I°III' 1 II
t•ir. Paulk: They're not .entified, there are several th. are readily identified:
the Assistant Executive Secretary, that's my assistant Alice Spano.
Mr. Plummer: What else?
Mr. Paulk: Two Typist Clerk III's, one as a referal clerk. One is a record in
our record section as a records clerk, Typiest Clerk III.
Mr. Plummer: It's not listed here.
Mr. Paulk: Well, it is a Typist Clerk III, commissioner plummer. There are two
Typist Clerk III's that are subject to be transferred from Civil Service to the
Department of Human Resources.
Mr. Plummer: Typist Clerk III, right, there are two of them.
Mr. Paulk: Yes, sir, that's correct. There I think three personnel officers and
they're not identified in person, only three of five to be transferred.
Mr. Plummer: Personnel Officers?
Mr. Paulk: Yes, sir, Personnel Officers.
Mr. Plummer: There's three there.
Mr. Paulk: Right. Three of five are to be transferred.
Mr. Plummer: That's six, what are the other four?
Mr. Paulk: Personnel Division Supervisor, Polygraph Operator, and there's one
other that right now without looking at it I can't be sure.
Mr. Plummer: Mr. Paulk, let me ask this question of you. Say we did not gut
Civil Service, I would like your feelings still on the creation of the Human
Resources Department.
Mr. Paulk: You would, wouldn't you. Commissioner Plummer, I don't have any real
resistance to another department but when it cones to transferring the functions
that are charged to the Civil Service Board and its staff I have serious resist-
ance to. Now you set up a department that is going to be charged with safety,
and that's one of their functions. That's not the charge of the Civil Service
Board, they're not charged with that. Training, we're not charged with it -
safety and training we're not really charged with. Counseling, yes, we do. The
Civil Service Board under the Charter sets forth the requirements to fill posit-
ions be they entrance or promotional and the ones that are promotional and also
the ones that are entrance depending upon the test, we need to counsel people as
to determine whether or not they're eligible. Many people seek employment and
they don't necessarily have a convertible shill to a municipal function. That's
true, a lot of people don't have that. We don't have a lot of policemen in private
industry and we don't have a lot of firemen in private industry but that's only
two of the 250 classifications. There are other things that we don't have in
private industry also. So they don't have necessarily the convertible skill
precise and you have to counsel people based upon what type of work experience
they have had to determine what it is convertible to and we do that. The board
sets forth the requirements insofar as work experience in entrance positions and
education and they don't do that alone. They rely upon the staff for recommendat-
ions and the staff iIa turn relies upon their departments to give them input as to
what really is the department looking for in the way of a qualified person. So
coun:'o•'ling is a part of our job a, it relates to determining, to assist one to
determine what they're eligible Iirst. of all to apply for. F•nd you may hiav: some-
one that's alre;td • applied for pee thing and is employed in another. We have
people who don't apply for one job, they apply for five or six or seven. They're
not interested ir, one, sometimes thy:;:ant to get in, some tines they get into the
better position, the other five or six they arilied for they let pass because that
is legs than the position they're in. So that's a charge to the Civil Service
Board to counsel people us it relate; to the pc5ition they might apply for.Insof r
as promotion is concerned the charges when an examin ` ion is given to tr • and
counsel one as to the pitfalls or their performance on an examination because
they didn't happen to coma out to be the person that was promoted. So we're
charged with that and we do do that. We counsel people, one personnel officer,
his daily activity deals with the counseling of people. Ht?'s used 10e: in the
counseling of l',00ple. That's unfortunate but we do have th.it and wt' have that need
and we need to meet that. So we can't lose any s0 I don't have any objections
so long as you don't get into the things that are related to the Civil Service
Board.
S`Q 2[31976
II1111111111MNP7! O
Mayor Ferre: ARe there 1: other questions either of L. ulk or the Manager?
Does anybody want to hake a statement at this time?
Mr. Plummer: Well, how are you going to resolve this?
Mayor Ferro: Well, I'll tell you how I feel about it one more time and this time
a little bit briefer.
Mr. Plummer: Thank God.
Mayor Ferre: One time, the George Washington of South America, Bolivar had some-
thing that thwarted the efforts of the people who were fighting for the independ-
ence of their country, it was an earthquake. And Bolivar said that if hea had to
fight against nature for this change so be it. Anc1 I'm telling you that as far
as I'm concerned, this is just one voice here, that I am for moving on this, I'm
going to back the Manager 100, if it is within the law. And if we lose in court,
I then I will go for Charter changes and I will put my political neck out when I
have to run whether it is next year or before that time to get the Charter changed
so that we can accomplish these things and that's fry position. (INAUDIBLE QUESTION)
Yes, I will when we get to the public hearing portion of it. I'm sure you are and
you have the right to express your opinion, sir, and you will have that opportun-
ity in just a little while.
Mr. Plummer: Mr. Mayor, since I assume what you're trying to do is get an express-
ion of this commission since no formal action can be taken, my position has not
changed over the period of years. I see the beauty and the progress of a Human
Resources but I still am of the belief that Human Resources can be centered under
Civil Service, that we can acccmmplish both (applause), I have not changed my opin-
ion in any way. The way it is proposed here I see the same ultimate goal trying
to be reached but at a much greater expense than what is proposed on page 47 and
48. And without the Charter changes, Mr. Mayor, I would have to vote against the
proposal as it is here. I do feel that there is, as you've indicated on one other
statinent that you made, there is room for compromise. There is room for compromise.
Mayor Ferre: Well, I think I would like the expression of all the members of the
commission as to what their stands are so that the a^ministration be guided accord-
ing to the will of the majority here because my position might be the minority
position. I don't know and let's see what to majority of this commission wishes
to do and that w.iy you'll have a guideline. So I can either put it to a vote, if
you will or you can express your opinion on the record, either way.
Mr. Plummer: May I make one other comment which I failed to overlook, Mr. Mayor.
I don't mean to indicate by my remarks that I agree with Mr. Paulk's proposed
budget. I think :•:r. Faulk's budget on an expanded basis I would have to lock at
with a more serious caustic eye and I think from the old budget it would have to
be reduced like all the other budgets are going to have to be reduced but not to
the extent as proposed here in this budget.
Mayor Ferre: Alright, you're the vice -mayor, do you want to express your opinion
or do you want to pass it to somebody else?
Mrs. Gordon: No, that's ok, whatever I want to say now. First of all, let me
preface what I have to say by saying I was not enamored with the Booz-Allen Report.
I expressed it on several occasions. I felt that they were going to far afield in
creating too many departments, to much additional load oe the toe aed for that
reason 1 felt personally and feel personally right new thet they were not the
answer to everything that we need. Now, with this situation that we face here
right now I personally feel that semewhat sieilar to ':r. Plummer's feelings that
the feelings for willingness to e7c•o: plish th2 goals that we need to accempli.sh
as a community of a variety of pc p1e that w' can accomplish that goal without
creating anothor entity in tot :l. There is, if you want to call it Human Resource
for trainini, for certain other duties as similar to what r•:r. Puulr: said, fine.
But I also don't even feel the neeezeity of really doing that. I wally do believe,
I sincerely believe that cuttinj the civil Service E::dget as drastically as we're
doing it ainnihi late:; it for all intents and , urnoses I really fool that. And I
feel that it is a little bit of, in my opini n, a fare:. You can't eliminate it
entirely because it is in the Charter and whet we're doing effectively is diminish-
ing the cffectivene-:s_, of the group so that they are basically not able to function
and Human Resources will be given more and r:..ore and more responsibility because
they're given a much larger budg•=t. An1 so I, sure, I'm irl';a quandry. We're
facing a decision of having to ma'r:e a decisiDn on a budget and certainly we can't
fund bath depertmeets to the amount we have delineated here before us. The Manager's
Budget calls for a largo amount of money for Human Resources and the amount of
money that would he needed to effectively run Civil Service, we can't afford both.
So that's where I stand.
•
Mayor Ferre: All right. Father.
Rev. Gibson: Mr. Mayor and members of the commission, about two years ago I
gave my opinion. I presume I was one of perhaps, maybe there were two of us who
felt as I did and I have not changed my mind. I feel as one of our hymn writers
put it, "New occasion teach new daty, time makes ancient good uncouth." "New
occasion teach new duty, time makes ancient good uncouth." I don't think we can
afford to kid ourselves in thinking that we can go in 1976 as we went in 1946,
1956 or 1966. Just as I was moved to this change if the change recommended does
not work I'll move for more change. And I trust you understand my position. I
think my position is very clear. While you may not agree with me I can assure
you that my intentions are good and I don't believe that I could afford to sit
up here and kid you in thinking that I don't think that that change is needed...
Mayor Ferre: Commissioner Reboso?
Mr. Reboso: Mr. Mayor, as we discussed this morning I think the city is in pretty
bad shape. The ship has a big hole and the water is coming in. 'But the question
is not that we are against Civil Service or in favor of Civil Service. The quest-
ion is to be or not to be. ARe we going to back the City Manager or we are not
going to back the City Manager. I think the time has arrived that everybody in
this city, the unions, the Miami Dolphins and all the people that have to deal
with the administration have to know that when they deal with the Manager i'e's
not the final thing because we are not going to be a rubber stamp City Commission.
But at least what the Manager is going to recommend is going to be very very strong
in the decision I am going to take. And I think in this occasion this is a very
very important because I think this Human Resources Department is long overdue.
I think in this occasion I am going to back the City Manager all the way.
Mayor Ferre: I participated in the democratic platform committee and on one
occasion in the middle of a debate, debating an issue, one of the persons challenged
me and said, "I'd like to ask the Mayor of Miami since the democratic party had
this in the platform in 1972, what he feels has changed or what's different so that
this should be changed?" And I said, very simply, congressman, four years -that's
what's made the difference. People don't feel the same in 1976 as they feel in
1972. Now when this came to a head before this vote split exactly the same way -
Plummer and Gordon felt the sane way they feel tonight and Gibson was right, there
was two of us who felt this way and he was talking about Reboso and himself and
therefore, the change is re. And I will admit it and I will say that the thing
that changes me is right or wrong my evaluation of where we stand, Yes, some prog-
ress but not near where we should be and I think we've got to rove ahead. So I
cast my vote with the majority here in moving ahead on this program within the law.
Mr. Plummer: Mr. Mayor, since there is no vote, it's really to give direction to
the Manager which I read loud and clear that he is to proceed as indicated on page
47 with a Human Resources Division. I now have to ask the question so there can
be clarification and direction given to the Manager that I think Mr. Paulk has
made some excellent points that if 47 is to be implemented that then his budget on
49 is there again under financed and I would now bring to the commission's attent-
ion those areas in which he has outlined that I do feel that will need more financ-
ing than what is proposed on 49, that the commission give likewise an expression
to the Manager, yes, you agree that 146,000 is adequate to perform the tasks that
are left or no, that we feel that Mr. Paulk has made some points that do need
additional funding. One point that he made based upon this, they can't even be-
long to the association and in that one area, I think that it does need additional
funding. I'm asking how this should be handle becausey direction,
d b I think �u
either the commir;sion says that is adequate or we feel that there needs to be another
view or another loot: at this.
Mr. Graeaic: If you're addressing MJ, commissioner, yes, I think that you may
want the staff to look at this again.
Mayor. Ferro: I would recommend that we do it that way. I would recommend now
that you see the source of the majority of this commission that you sit down with
Mr. Paulk and analyze exactly where we're going and come back with specific recom-
mendations and at that time the commission will vote on it.
Mr. Plummer: Before the budget is adopted.
Mayor Ferre: Of course. It has to be done before. Is there anything else on
this item? -
Mr. Faulk: Yes. Yes, let me say this to you; that in the board actions that they
took today, and bearing in mind that 3 of 5 commissioners have expressed an interest
to move ahead that the: 1 eld indicated that they are des ,us of proceding into
court to resolve this.
Mayor Ferre: We understood that, I rea3 the ppers on it, the newspapers.
Mr. Paulk: Well, the board hadn't give that inli_ation and that's not exactly
what I told the papers. I indicated that a 1_::asuit ,:ay occur, I did not indicate
that the board was going to do that. I am now telling you that the board took
action today that in the event that their budget is not passed sufficiently under
Section 71 of the Charter that they wish to resolve this in the courts.
Mr. Plummer: May I comment, Mr. Mayor?
Mayor Ferre: Sure.
Mr. Plummer: Bobby, I'm really sorry to hear that, I really am and I'm on the
losing side if it can be said that I'm on the losing side but I don't think so.
I think I'm on the winning side really. But I would hope, and I don't know who
was present. Obviously Charlie Huttoe was not present so were the other four there?
Mr. Paulk: Mr. Hadley wasn't able to attend today I but I talked with Mr. Hadley
at 6:30 this morning and he assured me that he was in support of the position
that I am taking.
Mr. Plummer: I shouldn't address that. Ok? But you know in the same way that
I had the opportunity yesterday to sit with Mr. Grassie and to sit with members
of the Pension Board, Mr. Grassie made some very fine points in relation to the
filing of a lawsuit by the Pension Board against the city and I really took them
to heart. And basically what he said is, what kind of city are we running when
we can't straighten out our own problems. Now he was more eloquent than that and
took a hell of a lot more time. But really I hope that I have the assurance that
these people who made such a threat or an implied threat will go back and do a
lot of serious thinking and give the Manager the opportunity to sit with them and
to discuss this matter further before they even nake an implied threat. I didn't
see this in the papers you know and I'm glad I didn't. But I personally, because
when you go to court what you're saying is we're not big enough to handle our own
affairs and I for one would be very mech opposed to such an action taking place.
Mayor Ferre: We're going to have a very active Law Department. We've got law-
suits pending on the Pension...
Mr. Plummer: Well, :1r. Mayor, don't say that. We had a very nice meeting yester-
day. Don't say that yet.
Mayor Ferre: Well, these are the threats so far. We've got a serious lawsuit on
the double taxation which could boomerang on us. It's a very important decision
that we took and now we've got this one. And we've got the Consent Decree. So
we're going to have a busy Law Department and I'm sorry that we're into so many
lawsuits but...
Mr. Plummer: Don't let Mr. Knox hear that.
Mayor Ferre: Well, sometimes when.... That's where we're at. Ok. Is there
anything else that needs to be said at this tir..e?
Mrs. Gordon: When will they be getting together, when will we know what direction
this is going to take so the bu.laget can get finalized?
Mr. Grassie: I guess I'll have to ask a couple of questions of you as a body in
order to anewer thet, cet lissLonrr. Cno of th-_ thin:3s that we would need to have
you do if we are going to advertise a budget for the Public Hearing of the 6th is
that we adopt some kind of a budget to.l y after th . _ ublic Hearing, obviously not
before. No., if we are doing to do that then have to treat_ this particular
item as a budget amendment. I think that y.c 1 are ;Ding to obviously have more
than one budg'?t arlondm2nt after you've h :ten into _..: year's bulq _'L s.iy a month
or two. I don't h.avo to mntion to yea that W2 still hive 1.?bnr n`igotirjtioae
that are outstanding. There are a number of things Chet have to be taken care
of that are not going to be taken care by the first of October.
Mayor Ferre: I don't think you're going to get an expression of the tentative
adoption of a budget tonight..
Mr. Plummer: I will echo those remarks just to give you a feeling.
SEP281976
Mr. Grassie: I'm assuming that that would be the likely answer
under those circumstances and in order to answer your question,
we would have to either schedule reasonably soon another session
of the City Commission to consider the final budget for adoption
and we could either attest to have the discussion with Mr. Paulk
before or after.
Mayor Ferre: Well we'll get into that later on as this public
hearing progresses, okay. Alright, anything else?
Mr. Paulk: Yes. Pat Skubish obviously is a Board member and is
a Chief Examiner and has a vital role under the Charter of the
City of Miami and I believe that she wishes to speak. Now whether
you want to hear her at this point or whether you want to put her
in the public hearing, I don't know.
Mrs. Gordon: We're on the public hearing right now.
Mayor Ferre: Pat, I'll tell you what. The way we'll do this, so
that we technically comply, you certainly can speak as a member of
the public and since there's nothing else to be said on the Civil
Service matter as a Committee, then we will now go into the public
hearing session. Anybody have any objections?
Mrs. Gordon: No, that's proper.
A Lr
SEP 2S19'6
Mayor Terre: Alright, so now under the Public Hearing.
GIs. Pat Skubish: ...If there is anyone that wishes to speak be-
fore me, I' 11 be happy to sit down end wait. Mr. Mayor, nierbers
cE the Commission, my name is Pat Skubish and I'ri here before you
today as Chief Examiner and Secretary for the City of Miami Civil
Service Board. Because I feel that the City Commission, before
undertaking any funding of a Department of Human Resources, should
be aware of a few facts which it appears that some people are dis-
regarding. Article III, Section 14 of the Constitution of the
State of Florida gives this City the authority to establish a
Civil Service Board. The Constitution further states that this
Board is to prescribe the qualifications, methods of selection
and tenure of City employees and officers. This City, by Charter,
has trapped the Florida Constitution and established a Civil Ser-
vice Board and in Section 60 of the City Charter, page 152, you
will see that the Florida Supreme Court said that the Charter con-
tains the complete plan or scheme for fixing hours, wages, condi-
tions of employment-.. If this is a complete plan, why is a new
department needed and what is it providing that we don't have now?
Let us look at the Ordinance creating the Department of Human Re-
sources and see what we are buying for $621,000.00 that we cannot
buy for 2/3 of that amount under Civil Service. Section 1 creates
the department, Section 2 authorizes a director to be appointed,
Section 3, this is the only section that explains why this is being
established or does it because it's very vague. Section 3 is di-
vided into 9 sub -sections, a thru i. Let us examine these 9 sub-
sections. A, Civil Service appears to perform this although this
is so vague it tells us nothing; B, it pertains to safety; D&E are
Civil Service functions; F is the Medical Department's perrogative;
G, H & I all support Civil Service: I.E. 1 of this Section pertains
to current Civil Service Rules, the Civil Service Office and the
Civil Service Board. Question: When one can have the original
for less than 1 million dollars, why buy the original in addition
to a copy for approximately $'00,030 as proposed by the City Manager?
Why force taxpayers to pay doubly for one service? As this is a
duplication of effort. Since the whole purpose of this Ordinance
is to fire up Civil Service, why throw out the baby with the bath
water? Why not restructure the Civil Service Office and work
through it? Before going further, perhaps it should be stressed
that it is Florida Law that if there is a conflict between an
Ordinance and a Charter, that the Charter prevails. Especially
when pertaining to the rights of an employee which rights are
constitutionally protected. Section 63 of the Charter gives the
Civil Service Board the authority to enforce rules and regulations
with the approval of the Commission pertaining to appointment and
employment in the classified service and Section 62 says that all
employees other than those listed as unclas3ifi' d. shall ba classi-
fied. Therefore, other than the nanager, his a3 1St•7:lts a?7-5, his
secretaries, dot ai-tr nt.- a ? i'. _i: .lt C:7ar -Tent 1_;__1ds, i3o:Irc1
member.',, i' :jors and al:.ove on the Ppl i C.., De: artr,ent and their
equivalent on the Fire Donart tent ca-. Attor:iies all other ^.'o'-•le
must be hired throuc h the Civi 1 Service C.f ica . Positions in the
classified service are to hc' filled by I:', as a Chief Examiner,
after consulting with thCe City '•.ar:i cr. Section 73 of the Charter
providee for a Director of Personnel and the Civil Service Rules
provide that this is the Executive S=.2cretary of the Civil Sar.vice
Board. Therefore, how can another Director of Personnel be estab-
lished by Ordinance -if it has not been established first in the
Civil Service Rules. That is, the Civil Service Board must initiate
it. It has been said thet to find cut who is in control, find out
who holds the purse strings. Chapter 67 of the Charter r,andates
svp 281976
that no one can be paid unless he or she is appointed in accordance
with the Charter and the Civil Service Rules. Therefore, if this
Human Resource development Ordinance is funded and Civil Service
is not sufficiently funded, employees hired under this Ordinance
will not be paid because they will be hired in violation of Section
67 of the Charter and the Rules and I, as Chief Examiner and
Secretary, have the sole duty of approving the payroll. we will,
thus, have a department of volunteers. They will not be paid be-
cause I cannot accept the responsibility for being in violation of
the Law. Section 69 of the Charter says that no one will be hired
because of favoritism or patronage. Booze -Allen says that Civil
Service is passe because patronage is no longer volluable. However,
United States Supreme Court, in June of this year, in Elroy vs.
Cook, says that patronage is strill rampet in this country and
they very positively upheld Civil Service against a spoiled system.
As a matter of fact, if Civil Service is eroded to where it is
unfunctional, it, in effect, is irradicated and the Charter and
the Florida Statute have been irradicated, then the City stands
to lose almost $9,000,000.00 of CETA funding. Since one of the
provisions of this act is that a merit system is required. On
the topic of CETA, even though this act specifically states that
no Civil Service position shall be irradicated, there have been
approximately 70 Civil Service positions abolished this year. We
have used these CETA funds to pay probationary firemen and police-
men and even though this act forbids it further, as the City
Attorney opinion on this subject points out. We have addressed
ourselves to the purpose of the act, namely training, the third
word in CETA. Comprehensive Employment Training Act. Why are we
not providing training for under -employed employees? We accepted
money for this purpose. Is this not considered in violation of
the Manpower_ Act? What about all of the City's unclassified em-
ployees who are not listed in Section 62 of the Charter? Who
allows Commissioners to hire unclassified employees? Who allows
them to hire anyone? Not the Charter which forbids this yet all
of your secretaries are unclassified. If I do not approve of their
employment, they don't get paid nor do any of the Manager's people
other than his Assistants and Secretarial staff. How can this
include 70 people? How many of these 70 people qualify as
Secretaries or Assistants particularly at the salaries that they
are being paid? If I rtay remind this Commission, it is partly
because of the intense loyalty of the Civil Service employees that
this City is still in existence. At one point they actively and
on their own time recruited enough voters in this City to vote
against consolidation.
(APPLAUSE)
Ms. Skubish: If you lose the backing of your Civil Service em-
ployees, there will very shortly be no City to establish anything
whether it be by Ordinance or by Charter. Thank you.
(APPLAUSE)
Mayor Ferre: Pat, before you leave, I want to congradulate on
what obviously is a very carefully prepared and researched legal
document. I'm sure that you did alot of work and those that helped
you were proficiently prepared to do the task and I congradulate
you and whoever else, if there was anyone who helped, for a real
fine job.
Ms. Skubish: My mother and father. You know how it is, you get
the family...
SEP 281976
Mayor Ferre: Yes, I know how it is. I know how those family
things work.
Ms. Skubish: I just want
nothing personal in this,
alot of you guys and Mrs.
City employees and that's
side.
to express one -ore thing. There is
you understand that. I happen to think
Gordon but it's Civil Service, it's the
it. You're on that side and I'm on this
Mayor Ferre: The issues are in joint. So be it.
(APPLAUSE)
Mr. Plummer:
fore morning,
Mayor Ferre:
did she?
So that my Secretary doesn't have a heart attack be-
it was my understanding...
She didn't have anything to do with this document,
Mr. Plummer: I'm sure she didn't, it speaks against her: I
understand that our Secretaries, the individual Co.nmissioners,
were hired on a contractural basis. Is that correct?
Mr. Weston: I'm sorry, I have no knowledge of how your secretaries...
Mayor Ferre: Well I'm sure there are alot of things that are going
to be challenged and are going to be coming out in court cases and
all kinds of things and I've already seen...
Mr. Plummer: I hope she doesn't read the paper in the morning,
she won't be worth the damn tomorrow.
Mayor Ferre: That's alright. I think the time has come. Alright,
who's next?
Mr. Harrison: Excuse me, Mr. Grassie, do I have permission to
speak at this time?
(INAUDIBLE)
Mayor Ferre: Excuse me, Mr. Grassie, this is a public hearing and
of course, Lieutenant, you have the right to be heard.
Mr. Harrison: I was told I couldn't saea: before and I wanted to
get the permission of the man that's in charge here.
Mayor Ferre: Well that's a pretty good statement.
Mr. Harrison: I assume, then, that un'ier a public hearing, citizens
of this community do have the opportunity to speak to the elected
officials.
Mayor Ferre: They always have had, Lieutenant Harrison. I don't
know that this is any different.
Mr. Harrison: I was denied that right earlier today.
Mayor Ferre: You ware denied that right under the structure of
the Committee Meetings that we've been holding. They were not
public hearings. This is a public hearing and you have the right
to steak. I recognize you for that purpose.
SEP 281976
Mr. Harrison: Thank you, sir. There are a couple of things that
I'd like to address. There are some things that were addressed
earlier and referred to by the Mayor as a comment by Commissioner
Plummer on the average salary of Police and Fire personnel in the
City. I would like, if possible, to see copies of the data that
goes about to formulate a 25 or $26,000.00 average salary because
gentlemen, as a Police Lieutenant relatively high in the organiza-
tion, my base salary is not quite that much. I would like to see
that implemented immediately so that I might receive that benefit.
Mr. Plummer: If you're making more, will you take less?
Mr. Harrison: You're talking to me that my average salary, Mr.
Plummer, not including salary incent of monies that come from the
State, not including fringe benefits, not any of the other add-ons,
your statement was "average salary", sir...
Mr. Plummer: It was not.
Mr. Harrison: If I make less than that, I'll take it, yes. Your
statement was average salary. I would like to see those figures
because none of the members of the employee orgainzation that I
represent average that much money.
Mayor Ferre: Mr. Plummer, do you want to defend your position or
what?
Mr. Plummer: Oh, I don't have to defend my position, I know the
facts.
Mr. Harrison: I'm asking for those facts, sir. If they are facts,
would you give me a copy of them?
Mr. Plummer: Are you finished?
Mr. Harrison: Are you going to give me a copy of the date?
Mr. Plummer: Are you finished speaking?
Mr. Harrison: That's one of the points I want to address, yes.
Mr. Plummer: When you are finished, I will answer you, sir.
Mayor Ferre: Out of courtesy to Plummer, let's let him have the
opportunity to respond.
Mr. Plummer: Oh I would like to but I want him to be finished.
I didn't interrupt him and I'm asking for the same courtesy.
Mr. Harrison: Well if we're going to getsernantical I'm finished
on that point, sir.
Mr. Plummer: In more wa_'s than one. I will be glad to answer
your question. First of all, I would ask you to bring any truth
in what you say before r..= because I think we have tapes. I never
made a coma nt nor could I make a comment that the average salary,
I never spoke to the average. I would like to fini ch. May I?
t•ir. Harrison: You're taking something I said was not factual.
M•ir. Plummer: Exactly what I'm saying.
Mr. Harrison; I quoted the tdavor.
p 281976
Mr. Plummer: Then don't : lote me.
Mayor Ferre: Hey, I may have misunderstood Plummer so let him finish his
statement. Go ahead.
Mr. Plummer: I never said that the average salary was anything. I can give you
those figures if you would like but I don't think they're necessary. What I did
say, that the average employee costs the taxpayers of this city "X" number of dol-
lars. I will still make that comment, sir. For the record, in the uniformed
division the average cost, and I'm speaking from the rookie to the Chief related
to police with fringe benefits is $25,938.00. And I will be glad to give you a
copy because that figure is not mine. That figure is the figure of the Budget
Department of the City of Miami...
Lt. Harrison: I'm asking that I get an itemized copy.
Mr. Plummer: May I finish?
Lt. Harrison: No.
Mr. Plummer: Oh, no. Mr. Mayor, I cannot talk with a man who will not give com-
mon courtesy.
Mayor Ferre: I'm still chairing this meeting and I'm still recognizing you to fin-
ish your statement. Now finish your statement and then we'll get on to Lt. Harrison.
Mr. Plummer: These figures were developed in the Budget Department. I'd be more
than happy as I have them here, to furnish to Mr. Harrison or anyone else these
same figures as they relate right here in black and white. And if you wish to
dispute them you can but I happen to think that they are correct. Now, I will ask
M . Grassie through you, sir, that in the same way that the Budget Department co-
operated with me to furnish these figures and derive these results, that you allow
them to put into a document these same figures so that they can be furnished.
Mr. Grassie: Gladly, commissioner.
t•ir. Plummer: I think I've answered his question, he may not agree but I think I
have answered it to the best of my ability.
Lt. Harrison: If I'm given a copy of those data itemized I'll be glad to exercise
the option to respond at that time.
Mr. Plummer: Sure, I think you should have that opportunity.
Lt. Harrison: Alright. The other item that obviously that most of the employees
are most interested in is Civil Service. It is in my opinion a lot cause here,
the commission has already suggested direction to the Manager as to what their
desires are. I think this was given a year ago. t.'e debated this thing, the Booz-
Allen report was brought up twice. This very same ccmmtission voted it down and
on the third time through after a very professional lobbying effort by the people
from Booz-Allen, openly admitted here, and I commend them for their efforts. I
think that if you review the facts the person that Mr. Pau'.}: alluded to getting
up and suggesting to you that the first item that wo•_ld happen once this ordinance
was adopted would be the Manager and the administration would under --fund Civil
Service. And your resuonse, :fir. Mayor, wan that the Commission would take care of
the employees, and there was e resolution, in ,.fact, :sassed that day that this
wouldn't happen. I suggest to you that it is hoe _ping. I'm not here to fight
that battle. It's happened. It happened hero teddy by a 3 to 2 expression of
opinion. O3:? The only thing left for us t::n-Jl say, : •a as is to <<a "CoCo:�m.�i pion rs, you
grade a cona1t:ncnt to us b c% in Janu.: ry by resole_ioe. It in in your henis no:.
We said, 'don't let us get pert, provide the Civil Service protections for us.' I
think personally that you have allowed us to be c:: e . er: d - if pet hurt, endangered.
flow I'm asking you to see to it that we are not r:=_..._ndrtly hurt by exercising your
policy or your decision or yuur desires with t:".-? resolution you pus:;c:r1 in January."
I think it is imperative. Th= cnployee, on resereen occasions support it, the com-
missioners and the decisions made by them with very little request for the commis-
sioners to do things within the city. We recognise that you are a policy r.ukirtg
board, resolutions can and are passed and ore was passed and I think really that's
the issue. That's where it's at right now. Ye'u'V, said by a 2 to 3 vote that
you're not going to live up to the resolution you pas-_d in January. I'm disappointed
personally, I find it tragic that in the City of Miami in the last 6 nonth_, the
potential that we're all afraid of that we hear here is that the City is going
under. You've got a lawsuit from the Pension Board. Ck? The majority of which
is either appointed by the commission or the ranager requiring 5 affirmative votes
�;rP?R1976
1
to take an action. You Jt an indication here to the Ci i Service Board, another
board of this city, three of whom are appointed by this commission, as saying that
they're going to bring action against you. Now how many iniividual actions, and I
do take exception to one action that the ;Mayor refers to - the Consent Decree I
submit to you has not cost the City of Miami a dime. That action is being funded
by the employee organizations in an effort to clarify that document.
Mayor Ferre: (INAUDIBLE)
Lt. Harrison: Well, you said there are major suits. The city has been a neutral
party in this. That action is between the employee organizations and the Justice
Department, the city has no investment at all.
Mayor Ferre: Well, it has the investment of time of the City Attorney and the
City Manager and the people that have been pursuing this.matter with the Justice
Department for many many months and now almost going onto a year.
Lt. Harrison: Well, I would suggest to you there are three actions involved. I
suggest to you, you know I made a comment one time that I thought the commission
had exceeded its autority under Section 4(d) and that each of the commissioners
were personally liable for a misdemeanor in the actions that they've interferred
with the administration of the city. I suggest to you that is another potential
action which has been brought up on several occasions. It seems tragic to me
despite comments made by Commissioner Plummer that we had at the last meeting with
the Manager that we should try to work things out. I think that the efforts have
been there to work things out. Working things out is negotiations, give and take.
I think the employees feel that the giving has been one sided and that perhaps now
the administration and commission should show some good faith rather than passing
resolutions of intent and things along that notion saying that we're going to make
sure that our employees don't get hurt and yet consistently we come up having to
take actions to insure through legal channels that we don't get injured and yet we
see in the last two years over and over again, legal actions coming up. I question
the desire of this commission to take care of its employees. I question the desire
of the administration to openly negotiate with its employees. I don't think that
that's what we're havin over the last six months that I've been involved in and
some of the actions that we're faced with. So I would ask this commission at this
time, please evaluate this action with Civil Service very carefully. If you're
going to implement the Human Resource Department do it in stages like I asked you
once before. Don't do it all at one time, take a little bit at a time, something
about the analogies that you so much enjoy using - You catch a lot more flies with
sugar than force. Gentlemen, last year I've seen nothing but force coming from
this commission. Thank you.
Ms. Louisa Barrio: Mr. Manager, members of the commission and Mr. Mayor (I'm sorry
I should have said M•ir. Mayor, members of the commission and the Manager) , my name
is Louisa Barrio and I am vice-president of the Ceneral Empllyees Association. I
will assume the presidency on October Sth. I am here to let the commissioners
know the feeling of G.E.A. and that we are supporting that the City Commission
sufficiently fund the Civil Service Office in order for them to carry out their
functions properly as mandated by the Charter. Cur organization represents approx-
imately a thousand of the General Employees of the City of Miami. We supported you
in the elections. Now it is time for you to support us.
Mr. Gene Naples: Mr. .Mayor and members of the commission, you know I stood before
this very microphone I guess for some tire over the last three years discussing
this very issue and I thought we had pet it to bed. As you recall, at that time
we made a very strong point of eliminating three sections that were in that resolut-
ion that was initially finally adopted. The City Commission at that time agreed
to strike J, K, and L and it has appeared, of coarse, in the more recent resolution.
The commission assured us than at the tine, at the List time that that resolution:
was drafted that: it was the intent of the commission not to diminish the authority
of the board as provided by the Charter.. It a rears to me that a tactical error
was made here in trying to implement this thing in or.e fold swoop. When I say
implement, not the Human Resources thing but to cripple the Civil Service Heard by
reducing their budget to the e?:tent the City n."cg• r appears to hive don'. Now you
may recall that my big concern at the time the_ I appeared before this commission,
the numerous times I appeared and I've spent several hours before this very micro-
phone, that my concern was in taking the authority for some of the things that were
now being done and putting under the authority of one man mainly the chief adminis-
trator of the city was one of my rain concerns. Now vie have changed the chief
administrator of the city and to date the relationship that my organization has had
with the new administration rakes me even more concerned that we've got a problem
there. I think the City Attorney has agreed that there will be some duplication
of services. And if I could, Mr. :Mayor, I'd like to ask a couple of brief questions
i
S EP 2 81976
of the City Attorney. ,._ . Weston, you did state I belie, that there will be
some duplication of services.
Mr. Weston: I don't believe I addressed that problem. I can comprehend that
there possibly would be. It's a question of how the ordinance is implemented
but I don't know at this time how the Manager or the department will implement
the ordinance and how they'll organize.
Mr. Naples: Well, it seems to me that some of the things that are proposed by
the Manager's Budget, if you follow along with what has been said of the legality
of the move to accept the Manager's Budget and take those 10 people from Civil
Service, that some of these things would appear to me, and I think it has been
discussed many times here before and there was a general consensus that in doing
some of these things it would require that the board would approve them. I think
it was generally agreed when we discussed this before that many of these things
that could be done under the Human Resources Department could be done if, in fact,
you had a Civil Service Board who was completely in agreement with what the Human
Resources Department wanted to do. And we said at that time that we were not con-
cerned about change and I'd like to reiterate and say once more that we are not
concerned about change. I think what we're faced with really is that the change
is so dramatic, it is so drastic at this particular time that there is necessar-
ily a concern that has developed by the employees that we are going to, in fact,
possibly regress back to why Civil Service was put into being to begin and that
is to revert back to some type of a spoil system. Now you know it appears to me
that we're headed in a regressive manner and getting into such a drastic thing
at this particular time that that may be very well where we're heading and I cer-
tainly hope not. And when discussing the Consent Decree with Mr. Paulk I recall
that the commission, and I'm sorry that two of them don't appear to be interested
in what I have to say, but at that time Mr. Faulk was reprimanded for not carrying
out some of the things that were responsible to the Civil Service Board by the
Charter. And when asked why he hadn't done some of these things he responded that
the City Manager at that time had asked all departments within the city to cut
their budgets. Some of you may recall that. And here he has complied with the
wishes of the City Manager and has, in fact, cut his budget to a very minimum and
then was reprimanded because he hadn't carried out some of these things. What I'm
saying is that some of the things that are the responsibility of the Civil. Service
Board by the Charter, the legality of which seems to be in question here as to
whether or not these things can be done as the responsibility of the Civil Service
Board can certainly not be done under the drastic cut that is being made in this
budget. I suggest to you that it is too drastic, it is too much too soon and that
when we finally get around to coming to some agreement on this Human Resources
thing that it was my impression at that tim2 that this was going to be a gradual
process of taking some of the functions that everybody agreed to that could be
handled by the Human Resources and might very well be much better handled by the
Human Resources Department, would be done in a manner that would keep a smooth
flow to what was happening as far as the hiring and so forth, the responsibilities
that now are totally being taken care of by the Civil Service Board. So in effect
what I'm saying is I think that the nanager either is unaware of the promise, if
you will, that this commission made at the time that that resolution was finally
passed and the hours and hours of discussion that took place there. We have a
very vital concern, gentlemen and f1rs. Cordon, and we are going to stay on top of
it. It was referred to as a threat when Civil Service Board members said that
they were going to look at the legality of this thing - I don't mean this as a
threat but we arc certainly going to stay on top of i_. We are going to see that
the things that are being done here are legal. We will enter into court on our own
if need be and I'm sure that there is going to be a concerted effort by the city
employees to see that this thing is not done with one feld swoop, that we are going
to hold the commission to the promise that was made back in January, I think it
was January 20th when we stood here and finally resolved what we thought was an
agreement between the city, the Civil Service Board and all its employees. Thank
you.
Mayor Ferro: Alright, does anyone else want to speak? tars. Carter.
Mrs. tlikel.e Carter: I'd like to preface it with I'm not representing the City
Attorney's Office, I'm representing 15 years invested in working for the City cf
Miami, almost 13 as a Civil Service employee. I'm en unclassified employee now
and I just have a few thoughts on this. I think (1) no one has addressed themselves
to the Municipal Hornerule Powers Act which is on point. And it states that :a City
Commission can pass ordinances even when it is in a Charter and it could be in con-
flict with the Charter. However, there are certain areas where a commission does
not have the authority. And two of these which are specifically exempted are areas
related to boards (1) , and areas involving the rights of employees (2) . There is
an Attorney general opinion right on point where another city tried to do something
like this. They tried to change by ordinance the Civil ._vice Board and the Civil
Service Rules. The Attorney General said the only way this could be done was by a
referendum. There is also a Florida Supreme Court Case on this where a County Com-
mission tried the sane thing. This isn't the first time that a city or a county
has tried by ordinance to change something which was established in a Charter by
a special act of the legislature. The Florida Supreme Court said that there was
a pre-emption in the area and that the commission did not have the authority to
pass an ordinance in this area. I would suggest that perhaps you could, let's
say avoid a possible area of litigation by getting an Attorney General opinion and
seeing whether it wouldn't reflect exactly what this other Attorney General opinion,
which I have with me if any of the members of the commission would like to read, and
see whether the Attorney General still would not agree that in this area there has
been a pre-emption especially when the Charter is referring to a director of per-
sonnel, when the Civil Service Rules talks about a personnel department, refers to
the records and things which seem to be a little bit in conflict with this new
ordinance. That's just a suggestion.
Mayor Ferre: Mrs. Carter, let me ask you this. I heard your statement that you
were here as a citizen and an individual rather than representing the Law Depart-
ment.
Mrs. Carter: That's correct.
Mayor Ferre: You are a member of the City of Miami Law Department.
Mrs. Carter: Yes. I also have been writing all the opinions dealing with Civil
Service for the last year and I was not asked for an opinion on this.
Mayor Ferre: I understand. That's exactly where I'm going too. We do have an
Acting City Attorney. I would imagine that you do talk to him if not every day,
once in a while?
Mrs. Carter: Occasionally.
Mayor Ferre: Did you mention all of this to him or did you say that you wanted
to volunteer your legal opinion?
Mrs. Carter: I've had a running battle with Mr. Weston on my version versus his.
I have done a lot of research, I have been over in the library. There is a book
called the Law of Civil Service where they use the term interchangeably - the Civil
Service Office and a Personnel Office - and these terns are used interchangeably
all over the country by the courts. They have ruled that Civil Service Office is
the Personnel Office and you can't separate the two. And this is my feeling,
of course, and I am not the City Attorney, I am not the Acting City Attorney, I
am just one of 14 people in the Law Department.
Mayor Ferre: But you disagree with our City Attorney's opinion as stated here on
the record?
Mrs. Carter: I disagree and I disagreed with the ordinance when it was originally
written, yes. And I have been giving the legal opinions as far as any thing involy-
- ing Civil Service for the last year. And if you'll look at any legal opinion emin-
ating from the City Attorney's Office you'll see my name has prepared it.
t•Iayor Ferre: Alright, than}: you very reach. Mr. Hall.
Mr. Charles Hall: Mir. Mayor and members of the commission, for the record my name
is Charles Hall. I represent the International Association of Firefighters. I'm
not r,.uch at besting a dead horse so I'll be brief. I'd like.: to make one observat-
ion at the first. I'm a little bit confused by what seems to be happening. As I
understand what's happening, you're transferring the functions of Civil Service to
some other department. Now that must r-an that you're going to continue to do the
same thing that you did before and I'm wondering what the differences are. And as
I view the differences the differences seem to be one of taking the prate:_lion that
they have, or if you want to call it the isolation from the political control away
from the Civil Service ar.d putting it back in the hands of tIhe politicians. Now
the Civil Service is just a word...
Mayor Fern: You're referring that to the Manager as a politician?
Mr. Hall: Well, let me put it this way; if I can appoint the Manager I think t
can influence some of the things that he does.
SFp 2 81976
Oka
Mayor Ferre: Boy I'll t 1 you that hasn't been true ink e past with Reese.
Mr. Hall: And I think that's true of any other appointed official - he certainly
owes some allegiance to the people that hired hi*-.. I':r not talking about this
Manage_, I'm talking about who may be the na~a;er and who may be sitting in your
seat sale day in the future. Civil Service wasn't designed for this commission
and this manager. So the observation I want to make is that first of all the
reasons for Civil Service are as great today as they were the day that it came
about and to assume otherwise is to assure that the rurality of the political
structure has gotten better. Now I'd lice semebody to show me from what we read
in the newspaper everyday that that's true. I can't see that in my experience.
Mayor Ferre: By the way, that's why we have 11% turn outs.
Mr. Hall: Yes, sir, and I understand that a::d we Probably as voters get exactly
what we deserve. Maybe we can do better next tire.
Mayor Ferre: I hope that's true.
Mr. Hall: What I'd like to say, your honor, is that it appears from what I hear
the employee organizations saying that we're going to be engaged in a round of
legal battles which will cost both the city and the employee....
Mayor Ferre: What's enjoined here is a lot more than just legal battles.
Mr. Hall: Yes, I'm sure there is. That's what seems to be the next step and I'd
just like to make one suggestion to you because you said earlier depending on what
happens in the legal battle then we'll go to referend•,in. If that's the direction
we're headed anyway I suggest that we avoid the expense both for the city and the
taxpayers and since they're the ones who are footing the bill let them make the
decision, put it on the ballot at the next opportunity, I don't know what that
would be November 2nd would be the first opportunity to put it on the ballot, put
it on the ballot and let the taxpayers make the decision. They're the ones that
are going to pay the bill for the round of legal battles that are going to come
now. And I would urge you to at least consider that.
Mayor Ferre: Charlie, I want to tell you I think that's the most valid statement
that I've heard so far today and I think that might to some direction that we
might take on this.
Mr. Tom Dunmeyer: Mr. Mayor and commissioners, my name is Tom Dunmeyer. I live
at 951 N.W. 41 st Avenue in the City of :Mani for 24 years. Now I heard your open-
ing remarks and they sounded pretty good, your defense of Civil Service. But you
said the times are changing and the city is chancing. What is changing about Miami?
Is it the ethnic background of this? Alright, then what you're saying is Civil
Service is no good any more because the balance of the population is changing.
Mayor Ferre: Excuse me, Tom, that's not what I meant. If you interpreted that
after you finish I'll correct my, because I certainly would not say that or believe
it. I don't believe that.
Mr. Dunmeyer: That's the way I interpreted it ar.d it reached me quite strongly
because like Will Rogers said, "I only know what I read in the newspapers". Mr.
Grassie says that he'll appoint as a City Manager soaebody with a Latin surname.
He didn't say the best Assistant City Menages but so-.ebody with a Latin surname.
Now if we're going to have city e;.ployees by geota let's do away with the whole
farce of hiring, both Civil Service and Huma-. Resources or whatever we're going to
try to get into now. But I hone tl; believe frcn reading the newspaper that prog-
ress has been made in hiring at the lower le:eye. The dissatisfaction seems to
appear to be that they're not runein j there deeertl-._'.t_:. Our department heads have
been with the city for maybe 25, 30 years e ;:pleyed ie. the city and at this time to
suggest that b::cauee in the last 5 ycarc or 15 sears that the population hac changed
that we should eet rid of these people and hire. somebody who waan't even in this
country 15 or 1G years ago and put them in charge of our departments just because
the city ethnic balance is chan_; ir.g I third: th a:L is .song and I think reverse dis-
crimination is as bad as discrimination. I he._ been against and I am against
both. When a man comes and takes an exemir. ion with. the City of Miami I believe
he gets a fair shake. It's not true every nlaee. I had a neighbor of mine call
the Personnel Department with the county and they were absolutely told over the
phone, "If you don't have a Latin surname or you're not black don't bother because
they've got to meet certain quotas." I hope we're not getting to that in this
city that we're going to try to get the best ceople pre:ioted. I've incidently
been a city employee besides being a city resident and I've been with the city 23
years. I'm not promoted and I think I"ve been a good employee. I'm still a
111 II 1119'1P9IIIIIIII!r111III°}'9 ¶IQII11 1 I! '1 Iq
SEP 2,S1976
firefighter and proud oe __ in the City of Miami. But a lon't want to see some
body promoted over me because he is a black, a Cuban or whatever he is because
there are only a few of us hardheaded Germans that live in the city I guess.
Mayor Ferre: Ton, let me correct myself if there was a misinterpretation. I
don't mean to say that Civil Service should change because the ethnic make-up of
the community has changed. The ethnic make-up of Chicago hasn't changed and yet
the Civil Service of Chicago has changed and it is still the same city that it
was 40 years ago when they started out with Civil Service in Chicago. Now that's
not what I'm talking about. I'm talking about Brown vs. The School Board of Topeka,
I'm talking about 1964 Civil Rights Act, I'm talking about the 1972 Extension of the
Civil Rights Act, I'm talking about Low(?) vs. Nichols - I'm talking about the sub-
stantial changes that have affected this country and that have influenced the con-
science of people throughout the country to do things a little bit differently.
Now I'm against reverse discrimination, I think it is wrong. I'm also against
discrimination. In my opinion we have a potentia:. problem of reverse discrimin-
ation. But let me tell you that it is no whore near as large as the problem of
discrimination at this stage of the game. I'm not trying to say that, Hey, Gibson,
do you and your people, we're going to make up for the problems that you and your
people have had for the last 100 years in one year. No, I'm not saying that. And
I'm not saying that we're going to make good by reverse discrimination. I don't
believe that. I do feel that we are under the mandate of Affirmative Action. I
do feel that we have not complied with the spirit of that mandate much less the
detail of it. I'm not talking about having police chiefs and department heads and
all that even god knows there are I think in this whole city (With how many depart-
ment heads? 50? 17?). There is only one minority that I know of and one woman.
Right? Oh, there are no women, just one member of the minority. So I don't think
that you can say that this has been rammed down your throat and this city is just
full of blacks and Latins who just got here the other day telling everybody else
what to do. And as far as the lower levels are concerned, you know when I first
started in all this stuff back in 1966 there were about 100 black policemen. Now
we're still under 100. You know and the firefighters, I know you guys put on one
heck of a fine fine deal to get a lot of blacks in there. Gene, I think you told
me there 12. Right? Something like that out of 600 or 500 or whatever it is. You
know I don't think anybody can really say that we've made any progress in the hir-
ing of minorities. You can't say that we're going to blame the Civil Service. I'm
not saying that the Civil Service is to blame, I don't know who is to blame. I
swear to God I don't know why it hasn't happened. But the facts are as Plummer
says all the time, that you've got to judge things by the bottom line. And the
bottom line says that it hasn't ha_pened. Now, I don't know what kind of lawsuits
we're getting into and where we're going but I don't think the city is going any-
where fast anyway the way things arc going. And if I'm going to go down in flames
I'm going to go down in flames for a principle and that time has arrived. One last
thing that I want to say about that. Two years ago when I talked to Charlie Huttoe
I said Charlie, you've got the sword of Domocles hanging over you - that's the
Booz-Allen Report. Now you've got about two years to get it straight. You get it
straight everything would be alright. If you don't make substantial moves then
there is going to be hell to pay. Now it is my judgement that there has not been
substantial change and therefore, it's not the sword of Damocles that we're talk-
ing about now it's the Gordian knot. Do you know the story about the Gordian Knot?
Alexander the Great was brought before a group of people and there was this big
knot tied around a tree and they said to Alexander the Great, "The man who can un-
ravel that knot will conquer the known world." And he took out his sword and swung
it bac}: and cut the knot. Sometimes in life you've got to do things that way. I'm
not particularly in favor o; that approach but the t;;o years have gone by and it's
not the Sword of Domocles any more, we just cut the knot. Now I don't know what
is going to happen. Pat .might be right. That was a brilliant recital that she
made and I think might be right. I don't know where the end of all this is going
to be but I'll tell you this, I'm not standing still on it anymore so let the, the
die is cast. Let's see .,hit happen,.
INAUDIBLE
Mayor Ferre: Believe me... Who are my own people, Tom? I don't know who you're
talking about. Are you talking about the Catholics? Or are you talking about
brown eyed people or are you talking about Puerto Ricans?
INAUDIBLE
Mayor Ferro: You know I think of myself as an American. I don't know who you're
talking about about my people. That's right.
INAUDIBLE
SEP 281976
filk
Rev. Gibson: I'm not in ehe argument but I want to rela... an experience I had
Friday before last. Friday before last I went to a certain function and a very
interesting thing. I kind of had the seat of honer. And when it was all over I
called my mother on the telephone. I'm a native, you didn't know that. I'm one
of those guys you're talking about never had a c:-.a-.= =. Ok? Bever had a chance
and it wasn't because I was demo. 0k? You knew if you don't let me take the exam
and if you don't let me go to the beaches an: if you don't let me, I'll never learn
to swim if you don't let me in the water. Ok. So I went to this function and you
know what was very interesting? I got the seat of honor and I was
called my mother and I said to my mother, You know r..o::ma, I sat in
honor today. I said, and so that in your old age, 80 odd years of
illness, I said so that you could bolster yourself, I said you and
a time they would not even let me go in that institution. A-H-H!
say that. That's just what the Mayor is saying. Ok.
so taken back I
the seat of
age and all her
I know there was
I thought you'd
Mayor Ferre: That's my line, times are changing. Alright, who else wants to
speak tonight? Anybody else? Yes, sir. Why don't you come to the microphone so
it is on the record.
UNIDENTIFIED SPEAKER: I'm only 19 years old and this is my first experience with
any kind of form of government and I came here as a spectator so I don't really have
a speech.
Mayor Ferre: I hope you're registered to vote and you voted today.
UNIDENTIFIED SPEAKER: I voted this morning just as soon as I got off of work. I
think that the most important thing that you see out here today - how many people
here are employees of the City of Miami? - you're looking at the City of Miami right
there.
Mayor Ferre: No, we're looking at the employees of the City of Miami, that's dif-
ferent. Now you hit the head right, you hit the nail right on the head. Up until
now the consensus of this commission has been that that is the City of Miami and I
want to tell you that this Mayor is saying that the City of Miami is 350,000 people
that you and I serve.
UNIDENTIFIED SPEAKER: I just feel
most... You see, these people are
of the city. The people that live
now.
Mayor Ferre: that's a good point.
like you're giving the employees who showed the
the ones that are concerned about the welfare
in the city aren't here arguing with you right
UNIDENTIFIED SPEAKER: The employees are the ones that are concerned. I myself, I
don't live in the City of Miami but I have more loyalty to the City of Miami than
I have to Dade County where I live. I am proud to be a fireman for the City of
Miami and you know I'm getting emotional and all o: that and I'm a crumby speaker
in public but I just feel like you're talking to the City of Miami when you're
talking to the employees because we're the only ones that you really have a chance
to govern anymore. You know? I mean you matte rules for the Fire Department and
the Police Department and the Public Works and all of that. The employees, they're
what the commission is for.
Mayor Ferre: No, the commission is for the welfare of the people.
UNIDENTIFIED SPEAKER: I agree, and the employees are part of that.
Mayor Ferre: Yes, I think that that is true. I think that is a valid statement
but you have to first say that the commission is ae the service of the people of
Miami and you see, ass long as we've done exactly what the employees and the employee
groups have wanted then we've been nice guys. Now that we don't do something that
you want we're not so nice afterall.
UNIDENTIFIED SPEAKER: W-1l, I don't feel like we've run the city into the ground.
Mayor Ferre: I don't want to run the city in the ground either. Believe me, I'll
tell you whether you believe me or not, I wan to make a statement to you particular-
ly. What I do and what 1. vote, and I think I speak for everybody on this commis •
-
sion, I do it with all good conscience.
UNIDENTIFIED SPEAKER: I jut hope you make the tight decision. Sorry if I...
Mayor Ferre: Listen, thanks for speaking out. Thank you. Anybody else?
SEP?A1916
!i II!1IPSRPMlENtIIIIIIIRIifH1llllllI!I I!llIRN
/"\
INAUDIBLE, UNIDENTIFIED SPEAKER: ...cutting down services and the services are
costing the city money you're not doing the city any favors.
Mayor Ferre: Ma'am, why don't you give us your name for the record.
Mrs. Gertrude Sheppard: Gertrude Sheppard.
Mayor Ferre: Mrs. Sheppard, go ahead.
Mrs. Sheppard: That's all. And as far as you say everybody blames everybody else,
all the nationalities have all the opportunity in the world. They have just as
much opportunity as equal opportunity to take the test. If they don't fail the
test, like the man said, give them training. That's where you start.
Mayor Ferre: Mrs. Sheppard, it is not an easy problem. If it were an easy problem
to solve we as a nation would have solved it a long time ago. We've been at it
200 years and we still haven't solved it.
INAUDIBLE
Mayor Ferre: Well that's what makes a ball game. Alright. Anybody else want to
speak out tonight? If not, this public hearing is over. And Mr. Grassie... If
you want to stay you're welcome to stay but now we're going to get to the estab-
lishment of a date as to when we're going to talk when we get together again. Ok?
ADJOURNMENT OF PUBLIC HEARING - SPECIAL COMMISSION MEETING
Mr. Grassie: We need two things, Mr. Mayor. 0n the assumption that we will not be
able to adopt a budget before the first of October, and I think that that's obvious,
we will probably have to ask you to approve a continuing resolution. What that
does is continue city expenses at the level of last year, the current level for one
more month in order for us to pay salaries while we're adopting budget.
Mayor Ferre: Alright, is there such a resolution?
Mr. Plummer: Let's have an understanding.
Mayor Ferre: Alright, under the authority granted to me under the Charter I con -
vein this as a Special Commission Meeting for the purpose of adopting the resolut-
ion as recommended by the Manager.
Mr. Plummer: Mr. Mayor, I think a clarification needs to be given to Mr, Grassie
that we found ourselves last year, Mr. Grassie, doing exactly what you have proffered
but we ran into one hell of a problem and that problem was this, that all of the
federal programs, and there are I think some proposed by the administration to be
cut this year, funding ran out for them September 30th and had no fends. Now
what do you propose to try to eliminate that problem? If we continue everything
I would assume everything includes federal programs for an additional month of
funding. So I think we have... Remember last year we were constantly giving them
another 5 days, 2 days?
Mr. Grassie: Yes, sir, it is a real problem. Could I ask, possibly the City
Attorney could help us on this. There are two ways of approaching this. We could
have a master resolution on your part which would authorize the extension of all
of these individ.:al contracts for a period of 30 days on the same terns. That's
one approach and th-- other is to bring you a continuing contract extension for
each of those documents. Now if the attorney feels we can do it in one document,
of course, that: would be the simplest and the most straight forward way of handling
the problem and that would allow us to continue to fund especially the social serv-
ice agencies for one more month.
t-lr. Plummer: Well, what about those that you in your master plan of social services
would be eliminating? What you're saying is go ahead and continue them for another
month?
Mr. Grassie: Well, there are only a couple of those agencies as far as I know. We
can do one of two things. Assuming that I can find Parkins...
Mr. Plummer: He's right over there.
qEP 281976
Mr. Grassie: Ws can dis._.as that, we'd hoped to discuss .at and we haven't gotten
to it. We can discuss all of those programs or we can simply extend them for one
month.
Mayor Ferre: I'll tell you one thing that I think you ought to do. In my opinion
I think you ought to, you're coming up with recommendations of cutting out some
big programs.
Mr. Grassie: That's not my impression.
Mayor Ferre: Well, you're down to $900,000 from a million five or a million four
so that....
Mr. Grassie: That's not my assumption, Mayor.
Mrs. Gordon: What is your assumption, Mr. Grassie?
Mr. Grassie: My assumption has always been...
Mayor Ferre: Oh I see, you're transferring that to... Oh, I see.
Mr. Plummer: The Day Care Centers have been transferred into the regular budget.
Mayor Ferre: Ok. So in other words there is....
Mr. Plummer: Under Parks and Recreation.
Mrs. Gordon: I don't see it in the budget.
Mr. Grassie: There is some cut. That is true. But my operating assumption, as I
told you when we first discussed this is that the $900,000 is not going to be satis-
factory to the commission and that I would anticipate that you're going to want us
to fund those programs at a higher level. You know, and I'rn operating on that
assumption.
Mrs. Gordon: I would assume your assumption is corredt and I would assume that if
you assumed to delete anything tonight that the repercussions would be enormous
tomorrow. So I would assure that we would be better off funding for the 30 days
and make assumptions after that :when we have our additional public hearings.
Mayor Ferre: Well, that's fine but I da feel that you have got to notify those
people that you are, that you, Mr. Grassie, are recommending be cut. You've got to
let them know. I think you, in my opinion, should write them a letter tomorrow
this week for sure to all of these programs and say, "I Want you to know that it is
my recommendation that your program be cut to so and so, please be advised accord-
ingly. You know you've got the write and this is something that the commission will
be deliberating on but I want you to be aware of my recommendation." I don't want
all of a sudden should any of these programs be cut for this thing to become one
of these things where I didn't know you were even thinking about that.
Mr. Grassie: No. I agree with you entirely. I'm reasonably sure that Mr. Parkins
who administers the program has, in fact, talked with each of these agencies indi-
vidually. I asked him to do that and I think that he's had a chance t.o...
Mayor Ferre: I want them to be fully informed of ;.ha_ your intentions are, not
what the commission is going to do because wa don't f::low that. Alright, now we
get to the legal aspects of how we fund the budget for the period of time until we
adopt the budget for the year. Now today is the 23th. Well, when can this commis-
sion meet again?
Mr. Plummer: Mr. Mayor, we've got two more meetings scheduled the 6th and the 8th
so we can't adopt it until at lea. t the oth for final adoption.
Mr. Grassie: but our action toddy will actually change those dates also because
the action today was designed to be an adoption of a budget at leant in prelimin-
ary form so that we could advertise tomorrow and make legal the public hearing on
the 6th. Now if, and I understand that we're not going to adopt the budget even
tentatively today. Consequently, we will not advertise tomorrow and we will not
be able to use a public hearing on the 6th.
Mayor Ferre: Well let r;;e ask you this. Now as a technical vehicle could we adapt
a budget and, of course, we could change it.
SEP 281975
Mr. Grassie: ... The preemction is that you will censic_e the input that you
receive at the public hearings and that you will change it if necessary.
Mayor Ferre: Well, let re as'.: you from not from a philosophical but from a real
point of view, if we adapt this as a tentative budget right now we can always
change it on the 6th. Is that correct?
Mr. Grassie: Yes, the point that I was making earlier was of the....
Mr. Plummer: You're right but I'm not going for it.
Mrs. Gordon: I'm not going to vote ....
Mayor Ferre: Fine, but that's two of you.
Mr. Plummer: It takes 4/5 vote to pass.
Mayor Ferre: It takes 4/5 to passa budget, is that right? So then two dissenting
votes can take care of that.
Mr. Plummer: Well, say it correctly - at least two dissenting votes, you haven't
heard from two other countries.
Mayor Ferre: Well, it is academic now. There is no use even asking because it
doesn't mean anything. So obviously we are not able to pass anything tonight.
What is it you want?
Mr. Grassie: We do have the resolution, the continuing resolution which provides
funding for 30 days.
Mayor Ferre: Is this it?
Mr. Grassie: That's it.
Mayor Ferre: An ordinance making certain appropriations to the various departments,
divisions, bureaus, boards and offices of the City of Miami, Florida and making
such appropriations chargeable to the appropriations for the fiscal year 76-77,
declaring this ordinance to he an emergency measure and dispensing with the require-
ments of reading the same on two separate days by a vote of not less than 4/5 of
the members of the commission.
Mr. Charles Hall: Could I ask a question, your honor? One of the problems I've
detected, I've listened to you talk; there are several labor contracts that are
outstanding.
Mayor Ferre: That's what I'm sorried about too.
Mr. Hall: And what I wanted to ask you to do is if you could along with that ordin-
ance extend those contracts until labor negotiations are resolved one way or the
other.
Mr. Grassie: The answer is no, Mayor.
Mayor Ferre: Well what do you mean no? I mean explain that a little bit.
Mr. Grassie: From the point of view of the extension of contracts I think that you
will need to get a recommendation from your staff in terms of what kind of progress
has been made in those discussions and whether, in fact, an honest effort is being
forth...
Mayor Ferre: When are those contracts over, Charlie?
Mr. Hall: Let me make some observation bacaus it is important. One of the reasons
for the time frame we're in is the result of the city not having a negotiator. And
I want to point out...
Mayor Ferre: Well, when are the contracts over?
Mr. Hall: The last of Septeeber...
Mayor Ferre: Now Mr. Grassie, we're into heavy waters with all our guns out loaded
for action and ready to do battle. I do not like to, I hope it is not misinterpreted
as a sign of weakness on the commission's part or my part, but I would hate to see
us get into several fronts at the same time.
90
SEP281976
Mr. Plummer: Excuse me, may someone else have an in_u t? I think we're hung up
here on semantics. I don't think, Charlie, really what you were asking for as
i understand it was a continuation of the contract bee a continuation of salaries
and pay beyond...
Mr. Hall: No, sir, I'm asking for an extension of the contract. I want to take
that clear.
Air. Plummer: But you were, let me understand. You ware fully aware and were going
to pay the prevailing rate as they now stand?
Mx. Grassie: No question.
Mayor Ferre: That's not a question.
Mr. Grassie: It is the position of the city that all of the prevailing benefits...
for employees will continue for the next 30 days.
Mayor Ferre: We assume that.
Mrs. Gordon: I read this ordinance and it does not specify the programs that you
referred to before.
Mayor Ferre: Wait a minute, Rose, please, one thing at a time. I'll recognize you
for that in a second before we vote on it. Let's stick to this question of the
extension of the labor contract. Now, Mr. Grassie, I heard your recommendation, I
did not hear why you recommend a no extension.
Mr. Grassie: Basically, Mayor, you're getting into a question that has to do with
attempting to come to a settlement and the recommendations that you get from your
staff on this I think need to come to you before you take a decision on it. At
this point...
Mayor Ferre: Are you going to come to a recommendation before October 1st?
Mr. Grassie: Yes, of course. As a matter of fact, tomorrow.
Mayor Ferre: By tomorrow?
Mr. Grassie: Yes.
Mayor Ferre: Well, that means we're going to have to call a special commission
meeting for the last day of September which is Thursday.
Mr. Grassie: Well no, I don't believe that you will.
Mayor Ferre: Well how are you going to, on 0ctobe: 1st the contract is over. Now
if you're recommending something tomorrow I thin: we need to either act on it or
not act on it.
Mr. Grassie: Let me get a clarification on this, :'a:or, it is my impression that
under Florida Law the bargaining agent for the city is e^.plow=eyed to extend that
contract. And assuming that we have some progress that may be the alternative.
Mayor Ferre: I see. You see, you didn't say that. If you'd said that in the
beginning I would have understood where you were 'going. I don't understand which
way you're going. What you're saying is that ''re going to have recommendations
before the commission by tomorrow and at that zie if it is the will of the com-
mission that the contract be extended.
Mr. Grassie: Well, of course, no question abo.:t it if that's convenient for you,
certainly.
Mr. Plummer: What I'm saying is, Mr. Grassie, you do not have the latitude to ex-
tend the contracts on your own.
Mr. Grassie: I assume that.
Mr. Plumper: Is there any other assumption?
Mr. Grassie: No, I assume that that's true.
0n
P 1970
Mr. Plummer: So what IL saying is, if we don't address tonight to fobs tall
October 1 this commission is going to have to reet again before October lst. It
cannot be polled by telephone, that's a violation of the Sunshine Law.
Mr. Hall: There are provisions in the contract related to picketing and other
legal kinds of job action and I'm assuming if what he's recommending is releasing
us from that contract then we've got the right to picket.
Mayor Ferre: I would imagine if you're covered by the las that way I would see no
reason why that isn't so.
Mr. Grassie: That is a two edged sword, Mayor. That works two ways.
Mr. Gene Naples: Mr. Mayor, excuse me. You know you weren't here but I came before
this commission during the workshop session you had just before Mr. Andrews left
and I talked to , you weren't here as I said at that particular meeting, and I ex-
plaincd to the commission that we had approached th City Manager because of the
city's problem in not having a negotiator that was timely when we were ready to
negotiate. And the other four commissioners that are sitting here assured me at
that time, and Reverend Gibson made the first remark. He says, "Don't worry about
it." Now what I'm trying to say is we've bent over backwards to cooperate with the
city at that particular time and I don't know why we have to get involved in this
whole fracas. As a matter of fact, we have a letter from Mr. Mielke that would
extend that time period. So you know I really don't know why we're getting involved
in this thing.
Mayor Ferre: Well, Mr. Grassie, would you answer that?
Mr. Grassie: I think you need a specific comment from your labor negotiator, Mayor,
and I need to bring you that recommendation and I'm prepared to do it tomorrow.
Mayor Ferre: Then there's no question that we have to have a meeting Thursday.
Mr. Grassie: Mr. Mayor, you may want to take advantage, if you're going to have a
meeting Thursday, you may want to take advante of it to have an additional budget
meeting because we need... You're going to have to have another one.
L'NINTELLIGLBLE
Mayor Ferre: How can you bring a recommendation if you're in the middle of negot-
iations?
Mr. Grassie: I'm sorry, are you talking about a budget recommendation?
Mayor Ferre: No.
Lt. Ken Harrison: Mr. Mayor, we are going into a negotiating session tomorrow. If
the Manager is saying we're canceling that so that he can bring a negotiator here
and make a recommendation to you, I don't understand how you can accomplish both at
the same time. We are going to be in negotiations at 9:30 tomorrow morning.
Mr. Grassie: And we'll manage the schedule so that we can do both things.
Mr. Harrison: I really am having a problem understanding this. It seems to me that
if this Commission is of the mind to sty we want those contracts extended if we don't
reach an agreement by the 1st and I would sLf.'emit to you that there's no way you can
have a ratified agreement by the lst even if we reach agreement tomorrow because
it's got to go to the membership and come back here to be ratified. Now it is
beyond r._ that this Commission can't teke a policy statement and say, 4:e want those
things extended if an arjree:r•nt is not reached until a new ratified agreement can
be implemented and that can be done tonight and I wold suggest that it should be
done tonight.
Mayor i•'crrc: Look, the point is this that we either, we have to have a meeting on
the 1st and at that point we will make all of these decisions as to whether or not
we extend the contract and what we're going to do. I mean, that's it. You're on
standby and I'll let you know, you all check the calendars and Mr. Manager, you
coordinate, nobody is in my office now and I can't get anywhere so I can't tell
you when I'm available Thursday but I will...
Mr. Plummer: I'll be back from Las Vegas, I'm going out to break the bank.
Mayor Ferre: We'll have to meet Thursday, I'm sorry and I apologize.
SFP 281976
Il�'I�I!II! 91!�!IIII!II IIIIIIIf�II! �Illlgl! PPS'
Mayor Ferre: Well if we don't get four people together, Rose, I think we*ve got a
problem.
(INAUDIBLr)
Mayor Ferre: That's life.
Bill Smith: Mr. Mayor, there are three other organizations within the City, two
of which have been recognized by the City and one hasn't, that hasn't even gotten
the certification. Now I asked the Labor Office what's going to happen to those
organizations come September 30th at midnight and they told me that they had no
recommendation and didn't intend to make none and that we were left hanging. Now
we have a hearing before the interim Chairman of on the 13th of October
and we sure wouldn't want everything out 800 people down in Sanitation to be left
on the line without anything so we definitely would like to know what this Commission
is going to do as far as our contract. We're still hasseling legal problems for
certification.
Mr. Grassie: Could I make a recommendation to the Commission, Mr. Mayor?
Mayor Ferre: Sure.
Mr. Grassie: It would be our intention to recommend to you that all of the existing
benefits and safeguards for the employees in non -uniformed organizations be main-
tained based on past practice. Now it's true that we do have, with regard to
, we have a problem at the state level in terms of certification of units.
It's not a problem of the City's making, I would submit to you, but we do have a
time problem and we are attempting to work with these units to resolve it but in
the short run, it seems to me that the fair position for the City to take is that
it's not going to affect these people's benefits and that we would continue them.
Mayor Ferro: We will meet on Thursday and if we don't meet on Thursday, c'est la vie.
I'll be available,
Mr. Plummer: Let me ask two questions if I may. Mr. Mayor, do I understand the
consensus of this Commission that the feeling is that this budget, as submitted,
with minor altercations which have been proposed here today, that they feel that
this budget was within the bounds of what they hope to adopt?
Mayor Ferre: That's certainly not my feelings but I haven't expressed my feelings.
Mr. Plummer: The point I'm trying to make, Mr. Mayor, let me circumvent all of
this. The point I'm making is, speaking for one, I think this budget has got to
be cut and I think it's got to be cut tremendously.
Mayor Ferre: Make a motion.
Mr. Plummer: Let me express and think out loud. And I don't get the feeling any-
where along that I'm being joined on this island with the water coming up rapidly
that. anybody else feels the same way. Now it's my opinion that it's got to be cut
but I have now spent two full days in a so-called Bull et Workshop and we haven't
really addressed the guts of the matter. Where is the give and the take? Now as
far as I'm concerned, Mr. Mayor, I'm talking about, iri my estimation, such radical
cuts that this Commission is going to be just into that for a period of at least
2, if not 3, days. We have not...
(I:U UDIBLL:)
Mr. Plummer: It's my opinion that it's going to take us two to three days to make
the cuts that are needed. We have not yet, in any way, addressed Federal Revenue
Sharing. it was my hope that t•:r. Grassie would come forth, as he proffered or
talked about once: before, and establish a policy if it can be done as such and it
has not boon addressed. Of course Labor negotiaion3 are' on a con t inuinj basis
but I'll till you quite frankly that for to days that I have sat, both Friday
and today, other than be getting a very fine dialo ee , which I didn't need, I
don't think we've accomplished anything. I don't see where we have done anything.
Flow I'm bitinj at the bit, maybe I'm wrong, that these cuts have got to start and
I keep s..yin j that now is the time and it isn't here. Now t•Ir. Mayor, if we're
going to meet on Thursday for a brief period of time, Mr. Crassie is asking for
the adoption of a budget, you had asked that we adopt the budget this evening,
that was your request as I recall.
s1
•
j-P 281976
Mx. Grassie: If you wanted to stay in that time frame.
Mr. Plummer: Okay, fine. All I'm saying to you, Mr. Mayor, is when are we going
to start?
Mayor Ferre: I'll tell you, I disagree with you about those three days. As far as
I'm concerned, I think it's a matter of maybe a couple of hours and that's it and
we're going to do it.
Mr. Plummer: You're an optimist and I hope I'm wrong and you're right.
Mayor Ferre: The thing that worries me is that we need a four -fifths vote.
Mr. Plummer: Mr. Mayor, that's a very good idea on your part because it is going
to, I think, create a problem. But t•tr. Mayor, how can the Manager have any sense
of direction of the feeling of this Commission if we don't start expressing it.
Now I asked it last...
Mayor Ferre: Plummer, you've got the microphone. Why don't you go ahead and express
it.
Mr. Plummer: I asked at last Friday's meeting and I now will have to ask Mr. Grassie
when he will come forth or can come forth because I'm not ready to vote until then
of what a reflection of 5% would be, 10% and 15.
Mayor Ferre: Well I'm ready to make some hard decisions.
Mr. Plummer: So am I.
Mayor Ferre: I'm ready to vote and I think, I don't know whether we'll get four -
fifths vote but I'm ready to make some hard decisions and then let's see what
happens.
Mr. Plummer: Well are we going to do it tonight or are we going to walk out?
Mayor Ferre: Everybody is waiting for everybody else to say it. Well I won't be
bashful.
(INAUDIBLE)
Mr. Plumper: Excuse me, Frank, I'm not saying that we've got to give...
Mayor Ferre: I've got to leave tonight, J. L. so...
Mr. Plummer: I'm saying that we've got to give a sense of direction to the Manager.
Mayor Ferre: On Thursday I'm going to come prepared to make some recommendations
and motions, hopefully, and we'll see what the will of this Commission is.
Mr. Plummer: Let me just try to get one thing so I can walk out of here and say
at least whether I did or did not, I tried to accomplish something. Mr. Grassie,
are you prepared at this tie to go forward with the proposition you had the other
day of this Commission setting a dollar figure on Social Service Programs from
Federal Revenue and Community Development and leave it to staff to administer?
tdr. Grassi: Yes, sir.
Mr. Plummer: Alright, as I understand it, you have prepared a document which states
$900,000 from Federal Revenue Sharing and $400,000 from Community Development. Is
that correct?
Mr. Grassie: No, no longer. The document that's in front of you does not include
$400,000 from Community Development but I do feel that you will have to decide that
we have to appropriate $400,000 in addition to the $900,000...
Mr. Plur^..ner.: From?
Mr. Grassie: t•;e11 you have various sources, you have an unexpended balance, you
have an additional $500,000 that we expect fro:^, the Bell Franchise and of course
you have the Revenue Sharing that we have put off till next year. So it's three
sources and any one of those three would satisfy.
SE.P 281976
Mr. Plummer: Do I understand you correct to say that the total funds expended by
this City for the coning year in Social Services would amount to $1,300,000?
Mr. Grassie: Yes, approximately. Within a few dollars.
Mr. Plummer: Mr. Mayor, I've got to go home with SO: -.a sense that I did something
even if it's wrong. It's not wrong, excuse m=_, I shouldn't even make that comment.
Mrs. Gordon: Wait a minute. Before you make any motions regarding Revenue Sharing
or Revenue Sharing Funds bear in mind that we funded last year for a million and 5
out of a 5 million and 8 allocation and that this year we have been recommended to
fund $900,000 out of $15,000,000 and you break that down and see if that fits the
guidelines of what the government intended with Revenue Sharing Funds. It did not
intend for it to become operating funds and that alone.
Mx. Plummer: May I make a motion?
Mayor Ferre: Yes, I recognize you for the purpose of a motion. You can vote against
it or modify it.
Mr. Plummer: I make a motion, Mr. Mayor, as proffered by the Manager that $1.300,000
of City of Miami funds whether they be Federal Revenue Sharing, Community Develop-
ment or other be expended for Social Service Programs to be administered by the
Manager. I offer that in the form of a motion.
Mayor Ferre: Seconded by Rose, Gordon, further discussion... (laughter) ... Well,
you'd better listen to it so you can vote while you're in the room. Alright, show
Rose Gordon abstaining. Now, is there a second to Plummer's motion? Repeat your
motion, Plummer.
Mr. Plummer: My motion is that $1,300,000 be expended towards Sockal Service Programs
and those amounts be delegated by the Manager and staff.
Mayor Ferre: Let me ask you , will that cover the on -going? Will it cover....
$300,000 in one month? Oh, for the year. Oh, I was wondering what... I don't
think you can make that decision now.
Mr. Plummer: Ok. I just thouoht the Manager proffered this the other day...
Mayor Ferro: Hey, Rose, we can't make that decision. Rose, we're not going to
vote on it, cone back. He's not going to get that, nobody agrees with that so settle
down and let's. vote on this thing. I think that right now we've been at it all
day and my opinion is that this matter here can wait until Thursday.
Mr. Plummer: Ok. Sure.
Mayor Ferre: That will give you more time to do more legal research and on Thurs-
day I think we'll have another session.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COM•MMISSION THE MEETING WAS ADJOURNED AT 8:20 O'CLOCK P. M.
A. Fc7 C
MAYOR
ATTEST:
SEP 281976