HomeMy WebLinkAboutCC 1975-07-30 MinutesCO
MI
OF MEETING HELD ON JIILY 30,
975 - AFFIRMATIVE ACTTnN PROGRAM
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
H. P. SOUTH[RN
City Chick
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MINUTES OF SPECIAL MEETING
CITY COMMISSION OF MIAMI, FLORIDA
ON THE 30TH DAY OF JULY, 1975, THE CITY COMMISSION oF
MIAMI, FLORIDA MET AT ITS REGULAR MEETING PLACE AT CITY HALL
IN SAID CITY IN SPECIAL S SSION TO DISCUSS THE AFFIRMATIVE
ACTION PROGRAM.
THE MEETING WAS CALLED TO ORDER AT 9:15 O'CLocK A.M. BY
MAYOR, MAURICE A. FERRE WITH THE FOLLOWING MEMBERS OF COMMISSION
PRESENT:
ABSENT: VICE
ALSO PRESENT:
OMMISSIONER REv.) THEODORE GlirsoN
OMMISSIONER ROSE GORD0N
OMMISSIONER MANOLQ KEBoSo
MAYOR, MAURICE A. I-ERRE
AYOR, J. L. PLummEg, JR,
GRANDMOTHER PASSED)
P,W, ANDREWS, CITY MANAGER.
A.K. CROUCH) AT. CITY MANAGER
08N S. LLOYD ITV TTORNEY
tj1u. SQUTUERN, 1TY LERK
ALPH b. UNGIE) ASST. LITY CLERK
AN INVOCATION WAS DELIVERED BY COMMISSIONER (REV.) GIBSON WHO THEN
LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG.
Mayor Ferre: Ladies and gentlemen before we proceed with the Special Commission
Meeting that I have called for today, I would like to ask Mrs. Kay Murphy Price to
step forward and we are going to recognize her. Kay has retired from the Miami Herald
after 33 years of service and diligent work. She has done a great job and I think it's
important that the City of Miami recognizes her service to the community. The plaque
reads as follows, "Kay Murphy Price", In Recognization and Appreciation of "33 years"
from 1942 to 1975 of distinguish service to the betterment of the Miami Community while
a member of the Miami Herald Staff. Best wishes to her on her retirement. Today is a
Special Commission Meeting where we have an agenda of eight itens. Bascially, it covers
the whole spectrum of the City of Miami's involvment through its departments, through
Civil Service, through legal procedure for Affirmative Action Plans, Community Outreach,
the Tricultural Program, Civil Service Board, the specific case of Franklin Cohen vs,
City of Miami. ( I'd be grateful if you'd have somebody go to the back and tell them that
we are in a meeting Mr, Andrews and those that want to speak can go, out....) Now ---before
we get into the regular agenda I would like to share with my fellow Commissioners the
main impact in the background of the involvement of the United States Justice Department
in this whole process, because there seems to be some confusion. I think as we deliberate
today we ought to keep in mind where exactly we stand and what has been done, what the
basis and what it means? Before I get into that--- I want it for the record to state that
--- Commissioner J.L. Plummer is absent because his Grandmother died yesterday and he is
with his family in Key West. / think they are burying her today or tomorrow, He told me
he would try and probably would be here for-tomorrow's meeting, That he had to be with
his family this week, So I just want to state that for the record as to why he's not here,
Mrs. Gordon; Good thing Commissioner Rebot•o's back is healed somewhat --- we'd
really be short handed.
Mayor Ferre; Now- - ladies and gentlemen, back in late June I had a meeting with
a member of the Justice Department Mr. Gus cuynet, He came here and ther were three
of the Justice Department who were in Miami for the purposes of looking at Miami for
possible violations of Civil Rights, He was also here on another mission which had to
do with the problems of terrorism in our community, In that meeting with Mr, Quynet,
it became apparent to me that this was just not a light matter but that there was a
series involvement on the part of the justice Dcpartment------
to look at the City of Miami and it's procedure4 When t was out of town on the
28th of dune, I received a phone call telling me that the Justice Department was
going to prepare and was preparing a class action suit.Subsequehtly to that, at
a meeting that t had at the Polite Department 1 mentioned that and Mt. Ken Harrison
who is here today through their attorneys called the Attorney General Office and as
I understand it, talked directly to the Attorney General on the clas- rt tit.
There was a denial of this. It vas stated that I didn't know what I was til trig
about. Subsequently, to those days in the early part of July. I'll give you the
exact date oft July lOth, I received a phone call froth Mr. J. Stanley Pottinger,
who is the Director of the Civil Rights Division of the Dept. of Justice of the
Gnited States. He again specifically told the that there was in preparation a class
action suit aginst the City of Hiatt.. It was late in the afternoon, I talked to
Mr, John Lloyd. He called Mr. Pottinger (not available), Friday morning- the man
was gone until Wednesday. Which would have been Wednesday, the 16th day of July.
Mr. Lloyd talked to Mr•. Rose, who works for Mr. Pottinger and Mt. Rose said that
there was no class action suit being instituted against the City of Miami. But
that it was a letter which would describe the violations. Mr. Pottinger was not
available until the 16th. On the 17th, the City of Miami had a Commission Meeting
and at that time we specifically, set this date for this hearing. In the interim
we have received two letters froth the Federal Government. One is from the Department
of Justice, dated July llth. It is addressed to Mr. John Lloyd Esquire, City Attorney,
City of Miami. You have all received copies and I won't take the time to get into
the specifics of it, but briefly it tells the city that we are in violation of the
Civil Rights Act of 1964. tt cites the legal rights that they have o yin this and
accelerat-
it then tells us that we must correct the situation on an sis numerical
hiring goals. Subsequent to that, I received and I sent to you, dated July 17th,
letter from the Office of the Secretary of the Treasury. That letter specifically
states that the City of Miami is under the direct jurisdict#'n of the Federal Government.
And t'il read that specific statement.' This in effect gives the Office of Revenue
Sharing total jurisdiction over all Departments of the City of Miami.' If corrective
action is not initiated we will be obligated to take further action. This action may
include initiation of an administrative proceeding as provided under Subpart F
of the regulations. Now the importance of that is that the City of Miami specifically
is receiving close to 10 million dollars in the office of Revenue Sharing. What this
means in just simple words is that unless we comply or unless we resolve this problem
those monies are in jeopardy that specifically means that they can be cut off tomorrow
or next week, next month. Now, we have been put under some very stringent dates on the
U.S. Department letter we have 30 days from the signing of the letter. I think we may
have an argument here that it should be from the receipt of the letter. In any case
we have 30 days which will put it into early August.From the U.S. Treasury Dept. correct-
ive steps must be taken by August 16th and sub stantialzompliance by September 15th.
So these are not idle words and for the record, I'd like to say again I am going to
repeat again that I had a conversation with Mr. Pottinger and he told me that there is
absolutely no doubt about it. He has a class action against the City of Miami signed
by Attorney General, Levy himself, which was signed this week and it is on top of his
desk. It has a number and it is ready to be instituted. Unless, of course we work out
our differences before that time. So, and that can be verified with the Attorney General,
Levy or with Mr. Pottinger. He'd be very happy to receive any phone calls for verification
purposes. Now, in view of all of this obviously the Affirmative Action and Cohen vs.
the City of Miami and all of the other matters takes secondary importance because this is
a direct threat from the United States Government and Justice Department. Now, let me -
so that we all understand where this is all coming from and you stop me Mr. Lloyd if I
make any mistake. So that we all know what this is all about. In the case of Cohen vs.
the City of Miami, unbelievable to a novice like myself. It turns out that we were
going on the Civil Rights Act of 1879. Since that time, the Federal Courts have ruled
that the City of Miami and all other Municipalities in the United States are covered by
the 1964 Civil Rights Act, which then changes the whole premise and what in effect is
facing us at this time is Franklin Cohen vs. the City of Miami for the whole city. But
instead of going on the 1879 statute are now covered by the 1964 statuteand furthermore
we are also covered by the Equal Employment Opportunity Act of 1972 , Specifically, the
guidelines that are being stated as authority by the Justice Department is title 7 of the
Civil Rights Act of 1964. I think we all have to recognize the severity and the serious-
ness of this matter. I have been accused in some cases as being the instigator or the
proponent of a quota system. Let me state one more time, I am against a qupta system,
I do not think it will solve our problems, Furthermore there is a lot of questions as
Co whether a quota system is completely legal. I have spent a lot of time reviewing and
discussing what (pause) Justice Department specifically means when they mandate us to go
on an accelerated basis with numerical hiring goals, Now, before I get into that 1 forgot
and 1 want to review where this all starts since I've been accused of being an instigator
in all of this. The City of Miami received and I received a letter on February 7,1975
a certified letter from Mr, Robert T. Murphy, Compliance Manager of the office of Revenue
Sharing telling us in specific terms that under section 51324 of our rules and regulations
providing that no Person shall under grounds of race, eolor,national origin, or sen be
subject to diserihination under any program funded in whole or in part with the
Revenue Sharing Futtda. That the City of Miami in their opinion in violation.
That an investigation would pursue and that their finding would be forthcoming.
Subsequent to that February 7th letter, I received a letter on March 5th froth
Mr. William R. levanelle, Secretary of Department of Cotttnunity Affairs for the
Stete of Florida. The investigation that I've Mentioned carte about tLu o►.,h
that ttethod. I'd like to point out to the Commission, to the nietnbers of the
public here, to the employees, and for the record that this tatter is not some. -
thing that is unique to Miami. tt has affected Dallas, New York, New Jersey,
California, Newark, Men phis, Tennessee, Chicago (just to name but a few). There
have been some specific eases that have had tretnendous effect on the pattern and
direction that these things are taking. in the case of New Jersey, the Federal
Government vs, the State of New Jersey as specifically as it affected Newark.
The Polite Department of Newark was specifically mandated by the Federal Govern=
tent to go to a system where there would be two registers for the City of Newarks.
Otte for tnittority and one for non -minorities. Now, for the record and because of
the importance of it. I would like to read into the record the following story
in the New York times that came out a few days ago on July 20th and it is called
Actions to be assured jobs rights urged , Washington, July 19th. united States
Civil frights Commission. In this report this week urging the formation of a new
and comprehensive agency to protect the job rights of minorities. Propose a nutttber
of interim moves to improve federal enforcement of present laws against employment
discrimination. Quote: While we believe the national employment rights board is
necessary said Arthur S. Fleming, Chairman of the Commission. Nothing p---hibits
interim steps many of which could be taken by the president to insure exeeu,....
orders. The Equal Employment Opportunity Commission which has the assignment of
enforcing anti discrimination laws. In the private employment sector could be
improved and made more effective in the foil-- 1-+.g ways. Attu then it gets into that.
Now, in the case of the Civil Rights Commission which has jurisdiction over 4% of
the employed people of the nation. The following suggestion was trade in the report
issued Tuesday. (1). The Commission should be sure that selection rrocedures
be used by federal employees do not discriminate against minorities as women.
The Civil Service should use some of the experiences accumulated by the Equal
Employment Agencies and testing the of selection process. (2). The right
of preference that military veterans enjoy should be limited. A veteran should be
able to exercies his rights of preference only once in the five years after he leaves
the service. (3). The Civil Service should abolish the rule of three which provides
that a government employer can hire only one of the top three candidates to permit
hiring officials to select from a wider range of candidates since current ranking
and testing procedures are unreliable1and unjustifiably screen qualified minorities
and wome .`(4). The Civil Service should allow agencies to make race,ethnic, origins,
or sex Stiterions of selection in accord with Affirmative Action Plans. This should
be permitted until minority are represented equivalent to the numbers and the available
work force. The Civil Service has labeled this approach as a quota system that con-
flicts with its notion of merits. I'd like to point out that this is not a figment of
my imagination. I did not invent this. I don't even know Mr. Arthur S. Fleming and
I have nothing to do with the statements made by the United States Civil Rights Comm-
ission as reported in the New York Times of July 20th. The point that I'm making is
that the direction that the federal government is taking through all of its various
agencies and in discussions with both Treasury. and the Justice Department. I tiink.it
is very clear as to which way we are going. Lastly, I'd like to for the record to read
Federal Policy Statement # 3775 in portion so that we all know the exact and I hope you
will bear with me, but I think it's so important that we keep all of these things in
mind as we talk this morning that I'll take the liberty of reading it into the record
and take another four minutes or five minutes so that we can all be aware of these
things as we get into discussion, I am reading the Federal Policy Statement #3775.
MEMORANDUM - PERMISSIBLE GOALS AND TIMETABLES IN STATE AND LOCAL GOVERNMENT EMPLOYMENT
PRACTICES, This Administration has, since September of 1969, recognized that goals and
timetables are in appropriate circumstances a proper means for helping to implement
the nation's commitments to equal employment opportunities through affirmative action
programs. On the other hand, the concepts of quotas and preferential treatment based
on race, color, national origin, religion and sex are contrary to the principles of our
laws, and have been expressly rejected by this Administration, Title VII of the Civil
Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, confer-
red on the Justice Department and the Equal Employment Opportunity Commission enforce-
ment 'responsibilities for eliminating discriminatory employment practices based upon
race, color, national origin, religion, and sex by state and local government employers
as set forth in that Act. In addition, under the Intergovernmental Personnel Act and the
merit standards statutes, the Civil Service Commission has an obligation to attempt to
move state and local governments toward personnel practices which operate on a merit basis,
The Department of Labor and other Executive Branch agencies have responsibilities in the
area of equal employment opportunities as it affects state and local government employers,
Now, I'm solo to skip over this section which is just a paragraph which just describes
and does not have .any impact to get into the meat of the substance, A11 right, I'll read the
whole
3
thing. 1 don't mind doing that. It's just going to take a lot of time. Just so we
don't have any of that type of criticism that's very prevalent around here, maybe 1
should read the whole thing. In addition, under the Intergovernmental Personnel
Act and the twit standard statutes, the Civil Service Co Mission has an obligation to
attempt to trove state and local goverttents toward personnel practices which operate
on a teat basis. The Department of tabor and other Executive Branch ag"+te' -s have
responsibilities in the area of equal ethploytient opportunities as it affeets ,Late
and local government employers. This thettorandutt addresses the question of huw the
agencies itt the Executive branch (e.g., CSC,ggOC,Justite, tabor attd other Pederal
agencies having equal empioytient opportunity responsibilities) should act to implement
the distinction between proper goals attd timetables on the one hand, and ifpetttiasible
quotas and preferences on the other, with due regard for the merit selection principles
which many states and local governments are obliged to follow', and which some state
and locai government employers do not properly follow with regard to equal etployttent
opportunities. All of the agencies agree that there is no conflict between a true merit
selection system and equal etnploytent opportunities laws - because each requires non-
discrimination in selection, hiring, promotion, transfer and layoff, and each requires
that such decisions be based upott the person's ability and merit, not on the basis of
race, color, National origin, religion or sex. The problems arise when an employer
pays only lip service to the concept of merit selection, but in fact follows employment
practices which discriminate on the basis of race, color, etc. ( In other words, the
proof of the pie is in the eating. Those are my words not out of this statement). All
of the agencies recognize that goals and timetables are appropriate as devicesto help
measure progress in remedying discrimination. All agencies recognize that where an
individual person has been found to be the victim of an unlawful employ'.. *practice as
defined in the Act he or she should be given "priority consideration` for �... .. fi
expected vacancy, regardless of his relative "ability ranking" at the time the new hire
is made' this because absent the act of discrimination, he or she would be on the job.
All agencies also recognize that it may he ..,,tiupriate for a court to order an employer
to make a good faith, nondiscriminatory effort to meet goals and timetables where a
pattern of discriminatory employment practices has been found. All agencies recognize
the basic distinctions between permissible goals on the one hand and impermissible quotas
on the other. Quota systems in the past have been used in other contexts as a qualified
limitation, the purpose of which is exclusion, but this is not its sole definition. A
quota system, applied in the employment context, would impose a fixed number or percentage
which must be attained, or which cannot be exceeded; the crucial consideration would be
whether the mandatory numbers of persons have been hired or promoted. Under such a quota
system, that number would be fixed to reflect the population in the area, or some other
numerical base, regardless of the number of potential applicants who meet necessary qual-
ifications. If the employer failed, he would be subject to sanction. It would be no
defense that the quota may have been unrealistic to start with, that he had insufficient
vacancies, or that there were not enough qualified applicants, although tried in good
faith to ob t ain them through appropriate recruitment methods. Any system which requires
that considerations of relative abilities and qualifications be subordinated to consider-
ations of race, religion, sex or national origin in determining who is to be hired, prom-
oted, etc., in order to achieve a certain numerical position has the attributes of a quota
system which is deemed to be impermissible under the standards set forth herein. A goal,
on the other hand, is a numerical objective, fixed realistically in terms of the number
of vacancies expected, and the number of qualified applicants available in the relevant
job market. Thus, if through no fault of the employer, he has fewer vacancies than expected,
he is not subject to sanction, because he is not expected to displace existing employees
or hire unneeded employees to meet his goal.( I just might add at this juncture that this
is important to keep in mind because there has been some scare tactics used that the real
thrust of this is to displace the City of Miami employees and replace them with minorities
that is not true. It is against the law. We could not do that. That is not the intention
of anybody that I ever heard or talked too). I continue quoting-- Similarily, if he has
demonstrated every good faith effort to include persons from the group which was the object
of discrimination into the group being considered for selection, but has been unable to do
so in sufficient numbers to meet his goal, he is not subject to sanction, Under a system of
goals, therefore, an employer is never required to hire a person who does not have qualif-
ications needed to perform the job successfully;
and an
employer is never required to hire such an unqualified person in preference to another
applicant who is qualified; nor is an employer required to hire a less qualified person
in preference to a better qualified person, provided that the qualifications used to make
such relative judgements realistically measure the person's ability to do the job in ques-
tion, or other jobs to which he is likely to pwsess, The terms "less qualified" and
"better qualified" as used in this memorandum are not intended to distinguish among persons
who are substantially equally well qualified in terms of being able to perform the job
successfully, ( I am going to read that over again, because that becomes a very important
crux), The terms less qualified and better gaulified as used in this memorandum are not
intended to distinguish among persons who are substanticafly equally well qualified in
terms of being able to perform the job successfully, Unlike quotas therefore which may
call for a preference for the unqualified over the qualified or the less qualified over
the better qualified to meet numerical Fequirements,
4
JUL 3 o 197
A goal tetognition that persons are to be judged on individual ability and
therefore is tonsi:tent with the principles of merit hiring. Now, I apology for
having taken all of this time to set the basis of what we ere going to discuss today.
But I think it's important that when we reeognize that we are now under federal
government's mandate. That there will be text week members of the .iusticc h lattmetit
visiting here to discuss all these things with ttsi That Mt. Lloyd, Mr. Ar1te.s eutd
i have been consistency Ott the phone. It is abundantly clear to the that the Justice
Department intends for one or two things to happens (1). We will be receiving by the
end of this week or the first of next week a document which is a proposed consent
decree, NOW. we art going to negotiate that. gventualiy, this will be discussed at
this City of Miami COthitilli8iOri in an opened for where everyone will be permitted to
express his views and this City Commission will either with the agreement of both
iustite and the Treasure Department come to a consent decree which will then be taken
to a federal eourt and agreed upon which will impact all of the employees, the Civil
Service Board, the Administrations and this City of Miami Commission. It other words,
the total. City or we will be faced with the class action suit from the Justice Department.
And with that as a clarification then I think Mt. Andrews at this point I'll turn this
over to you. All right, rather Gibson.
Father Gibson: I want to ask the following things Mr. Mayor. I'd like for you to
ascertain for me. I trust you, I believe you, yoti are my leader. Ism not so sure there
are others here who believe that what you are saying is what is. I think you ought to
at the expense of the city authorize somebody other than this Commission to make that call
and ascertain that what you are saying is exactly what °° I mean by that l.. •-uit you are
talking about. We11, here is the thing, you said in your presentation that it c.lc: he
ascertained by a telephone conservation. If that be true we ought to start this meeting
off knowing that:that is what is and both sides understands that. Because you and I
understand it. I don't think the opposition understands it. Not necessarily the opposition,
but those who have not lived by this rule and anything other than that Mr. Mayor will
irritate me today, that's number one. Number two: May I ask and ascertain from you and
then you find out from the proper source if the members of the Civil Service Board are
present and if they are let them stand up so I can see ? I want to see if they are here.
Mayor Ferre: A11 right. Are the members of the Civil Service Board present?
Father Gibson: How many are there?
Mayor Ferre: I see three(3).
Father Gibson: What is the total composition of the board?
Mayor Ferre: There is five (5) total.
Father Gibson: Five (5) and the executive director.
Mayor Ferre: Yes, but I think one of them as I understand is on vacation.
Mr. Huttoe is out of the city so that's why he could not be present and Mr. Hadley
I think is working, he's on the job this morning and evidently could not get away.
Father Gibson: I understand that, so you have a majority of the Civil Service
Board here and the reason I asked for that is I want them to understand I don't expect
no shucking and jiving after today, that's number two. Number three Mr. Mayor, are all
the members' of the department, all the heads of the department present of this city?
Mr. Andrews; May I respond to that and give the Commission a complete review for
the record.
Mayor Ferre: Mr. Andrews, I'll recognize you in a moment, but I think Father
had a series of questions.
Father Gibson: I want that one answered, because you see if we are talking about
these departments and these department heads, just say yes or no. Are most of them here?
Mr, Andrews; They are all here.
Father Gibson: All right. All here that's all I need, You see because we are talking
about these departments and these department heads are not here to get the message , we
haven't done anything you see, Because after we had the hearing and everybody poured out
his or her soul, they go right back and say"Now Lord Jesus Christ, tale me unto myself
and soothe my wounds", you see I understand that, Ok? Now, one other question, the
Affirmative Action people,an equal opportunity people are they here?
Mr, Andrews; Yes.
JUL 0o 1975
Father Gibson: Let me see them,
Mayor Ferret All right those with Affirtative Action and those with Equal
Opportunity,
P'atlier Gibsont Wait, sit down again, tet tte raise the question another way.
I want to see the staff the paid workers of the Affirmative Action people. The staff
is only two, t hope as t go along you don't think t sm dugs and fool, ok? Pine, Now,
tell Me for the benefit of the public because you tee the public like Theodore, t don't
understand somethings. I saw all of those people standing up a few minutes ago, who Are
they and what do they do?
Mr. Andrews: Well, when you said tqual opportunity, People froth the Tri=Cultural
Advisory board might have stood up and others,
Father 'Gibson: All right, let the do it the other way, let the do it this ways Give
to all other than the people from the Tri'.cultural people. All those folks let the see
them stand. Mr. Mayor, wait a minute: You expect me to vote, You expect the to go along.
i ain't until I get some clarification. I just want to take sure everybody understand
Theodore Gibson today:
Mayor Ferre: All right.
Mr, Andrews: Mr. Mayor and members of the Commission that's why I a •d to lead
the Commission through a process here of who we specifically beside the notices l.. the
newspaper. Beside working with Mr, Price to get wide circulation on this meeting, beside
inviting specific boards to be here. I wanted to lead the Commission through a process
of who we invited to this meeting and the seLiousness of this and why they ate here.
Mayor Ferret Then, let's do it this way Mr. Andrews, you go ahead and snake your
opening statement and then I will recognize Father Gibson's further questions.
Mr. Andrews: Well, Mr. Mayor and members of the Commission. I felt that this meet-
ing was so serious and so important that we trade extra ordinary efforts to ensure that
there were proper representation particularly of those who were involved in this entire
process. Notices and personal calls were made to most and all of these people. The
Civil Service Board, it's members and executive secretary , the Tri-cultural Advisory,
Board, the Community Relations Board, S.A.L.A.D. Mr. Mc Creary, was specially noticed
on behalf of his people that he represents. All the department directors were personally
called and requested that they be here in attendance. In addition to each of their
department coordinators, they are here this morning. Dr. Saunders of the University of
Chicago was contacted and he is here with Mr. Fox. All the employes orginizations, not
just a few, but every employer orginization was notified to be here. And as I indicated
the news media through the Publicity Department and ads were placed in the paper to give
this and the stories that were written as a result of the letters that we received from
the Treasury and the Justice Department have been widely publicized. So I think we have
if I may address you Father personally, the kind of representation that you had hoped that
we would have here so there would be no misunderstanding as to the seriousness of this
matter, ok?
Father Gibson: Let me see. I saw some people standing when I asked that question.
I'd like for all those people to stand and tell me who they are and what they represent.
Mr. Andrews: You mean the larger group that stood at first?
Father Gibson: Yes. All these people are working in various departments, is that
what you are telling me?
Mr, Andrews; Yes, they are the departmental coordinators under the departments
directors, when you ask who's associated with the Affirmative Action Program and staff.
We have one coordinator under Mr, Joe Parades who's responsible to me but within each
department we have an individual under the department's directors appointed for this
specific task of assisting the department,
Father Gibson: That's what I thought and I want to make sure that gets in the record
because you know when we leave here, I want to know that coordinator is on the ball,;
Because this is what this law suit is, I went to law school for one day and I happened
to know that the court means business, Ok, let me ask another question, where are the
people of the Tr»cµlt►ural Commission, where are they? If they are here let them stand.
Mayor Ferre. Will they stand up please, the members involved in the Tri-cultural.?
Father Qibson: All right, I'm satisfied Mr, Mayor as to one thing, All but one.
I'd like for that call to be made so that those what have any doubt in their minds that you
•s
JUL 30197
have told the truth and I have none.
the day. I ask you sir if a motion
ready to proceed until such time as.
tall and let everybody know who the
call or dott't `- proceed at a11.
That they may be fully satisfied that this is
is necessary. I don't think Theodore Gibson isn't
Either the person leaves the tooth and make the
person is or we can proceed if they go to make the
Mayor Ferrel Father Gibson, I thank you and recognize what you ate say,i,g. Mr.
Pottinger will here himself and he will be here either at the end of this week , that is
Fridays, or he will be here in the beginning of next week and at that time he will have
a meeting with all of the department heads that Mr. Andrews wants to invite and those
representatives of different employee groups attd the Law Department. At that time all
of this matter will be thoroughly discussed and opened. 1 have no obligations to anybody
and if you want maybe Mt. Pauik could on behalf of everybody here call Mt. Pottinger and
verify the discussion that l had with him at £:30 yesterday evening. Ile called tie. 1
have not called. t have not talked to Mr. Pottinger since the 10th day of July, which was
the first time he ever called fne, the first time I ever talked to him or anybody else in
the Justice Department other than what I've stated on the record here today and he is
available this morning in his office. If you would why don't you go call hit and verify
this conversation that 1 had with him at 6:30 last night.
Father Gibson: Beautiful: Beautiful;
Mayor Ferrel Now, I am not going to start recognizing people from the audience at
this point, unless it's a matter of personal privilege..
First Public Speaker: (Audience)
-�- Inaudible
Mayor Ferre: The letter has been released. This is Mr. Javier tray and for the
record he is with S.A.L.A.b. and Mr. Bray, i.'d like to say that the letter has been
released. It is in the hands of the public you are welcome to have a copy of both the
Justice Department and the Treasury Department letters. I think Father Gibson, the matter
of whether or not there is a class action suit or not really is incidential to the discussions`
here today because the main thrust is the on record letters signed by Mr. Pottinger himself,
which we have and which I submitted into the record. You all have copies. The important
thing is the last two paragraphs which state, I would appreciate (this is Pottinger's letter)
your advising the within twenty days whether the City of Miami is willing to voluntarily
enter into a consent decree'ddsigned to eliminate the effects of past discrimination and
to prevent the recurrence of such discriminatory policies and procedures. Wecomtemplate
that a voluntary settlement of this matter would be imbodied in a consent decree. If you
wish to arrange further discussions when he gives us the name of who to call. The point
that I would like to make is that it is self evident in this letter and I would like to
ask Mr. Lloyd for his legal opinion that obviously what the Justice Department is doing is
saying to us either you agree on a consent basis or we're going forward with a class action
suit. Is that' the thrust of this letter.
Mr. Lloyd: That's the entire thrust of the letter. There can absolutely be no
question whatsoever that that is the intent clearly expressed in the letter.
Father Gibson: Mr. Mayor, let me say that for the public. I'm like the public.
I'm not like you all. What I ask you to do is exactly what the public-- look: Somebody
already challenged you and you know I came here to hear, feeling that you were right, that
we were under the gun, that we had to perform, ok? Some of these people don't think that!
And look Mr. Mayor I'm not trying to impuNe your integrity. All I'm saying is if we are
not dead serious, you are wasting my time:
Mayor Ferre:' Well, let me read the letter from the -- In page 3, of the letter from
the U.S. Dept. of Treasury, dated July l7th states your city government used Revenue Sharing
monies to pay salaries to employees which means that all departments have been the benefic-
iaries of ORS funds, This is effect gives the office of Revenue Sharing total jurisdiction
over all departments, If corrective action is not initiated we will be obligated to take
further action. This action may include initiation of the administrator proceeding as
provided under sub -part f, of the regulations. A copy of the general. Revenue Sharing' of
Civil Rights is enclosed for your information, So, those are the two statements that we
are as I stated earlier Affirmative Action, the Trf'cultural Program, Cohen vs. City of Miami
is now a mute question in my opinion with these two letters on record,
Mr. Ken Uarrison : Mr, Gibson, specifically addressing my comments to you. My concern
is not whether we are Lander the gun sir, but as to the Mayor or the person that occupies
the Mayor's seat at this time in the City of Miami, Wbether his involvement initially in
initiating these actions, his comments over the past few months about quota hiring, quota
promotions, things like that. That is my concern, Now, I will briefly give you a back-
ground of my involvement, My organixation's involvement of this and for the record, l
ain Ken Harrison, President of the Paternal order of Police local Lodge, Mr, Ferre advised
me of this situation sometime ago, l did make phone calls to Mr, Levy, Attempted to get
a whole of Mr, Pottinger, talked to Mr, Rose, there were denials that this Was going on at
7
this time, As Mt. Lloyd did, he also contacted Mr, hose, they denied that there wag
any action. They had no knowledge of any investigation taking place in the City of
Wadi, Through different informational sources I waa able to ascertain that there were
in fact two investigations going on in the City of Miami, one involving how the Latin
or Cuban Refugees were being intergrated into the community tak3 teJ p ace nut of the
Community Service and Crbnsolitation trench of the Justice Department of Cirri" Rights
Division Another one which involved hiring & employment practices and 1 rt. r you
to Mr. Pottinger's letter specifically aimed at determining or for the pui,,os4 to deter
mine Miami has eflorded Slacks, 'Latins, and females Equal Employment Opportunities as
required Title of the Civil Rights Act of 64 as amended by the /equal Erploytitent
Opportunity Act itt 1072 in other provisions of the federal law, Now, t did take subse-
quent contacts found that this was going on and this certain attorney working in the
Justice Department of the Civil /tights division was involved in it. There was an
investigation allegedly curretttkgoing on. I contacted various people itt the city
management. Nobody had, been contacted. I contacted people throughout the comttunity
with the exception of the Civil Rights Commission hearings that was just recently tott-
eluded in June. That vas the.only knowledge people had of any investigation at this
time. I sent a telegram to Mr. Levy at that time requesting to my organization rec-
ognizing that it currently is a patty to a contractual agreement with the City of Miami
and is in fact a bargaining agent representing Police Officers in the City of Miami.
That we be allowed to have input into this investigation My telegram has never been
answered, however my organization which is as employer organization was the only orgniz-
ation the only employee group to my knowledge at this time, that was sent a letter which
implied that we would be joined in any litigation, that the city was involved ln. So
the Justice Department has taken on its own to in fact involve my organic -40n to this
action at this point. I'll read you that part of the letter that was addresbt:.: me
as President of the PBA which I do not happen to be. I am President of the Fraternal
Order of Police (for the record). It says, because of your organization all are in part
is responsible for collective bargaining agrc;.w.nts with the City of Miami on behalf of
the Miami City Police which would be affected by some of the corrective measures we have
proposed and because we wish to insure compliance by your organization with any relief
which is deemed necessary. Your organization will be joined in suing litigation as
an appropriate party for the purpose of relief and contesting litigation or any consent
order which may be entered into. Now, subsequent to receiving this letter, t made phone
calls to Ms. Jamieson who was one of the attorneys who was mentioned in this letter and
Mr. Padgett ;Ms.Jamieson informs me that one year ago the city was told that this invest-
igation was going to take place and that the investigation was determined whether Miami
has afforded Blacks, Latins, and females Equal Opportunity Employment(Equal Employment
Opportunities). Yet, nobody in the city was able to inform me of that information. In
fact Ms.Jamieson said that she had personal contact with Mr. Lloyd and the Manager and
told them specitically that this was going to occur. Now, the question put to me in my.
conservation over the phone was whether last year or several years prior Equal Employment
Opportunities were opened to Blacks, Latins, or females. Now, if you compare the letter
for Mr. Pottinger and the figures that they give in there the percentage breakdowns and
then .the statement issued in yesterday's Herald. You'll see that there is a great discre-
pancy. There has to be assumption here that the figures that they give you in the letter
is a year ago when their investigation commenced. The figures given in the paper yesterday
are current figures. I submit to this commission that there is a doubling of minority
involvement in the area of Latin participation and there is a great increase in the area
of female participation. To me gentlemen that reflects Affirmative Action on the behalf
of the City of Miami and that should be pointed out to these people. Additionally, the
letter if you evaluate Mr. Pottinger's letter and I think you must do this and read it on
the first page. It says here, second paragraph closing sentence. Our conclusion is based
on the following considerations, not facts gentlemen,'considerations'. What does that mean
in law? My limited knowledge of law is that that's one than opinion. That's an assumption
made by an individual. That's what consideration means to some lawyers. It might mean
something else to others, but they do not say conclusions based on fact. Then they give
you some things. One, two, three, four, five. I am not disputing that the Justice Depart-
ment is making moves on the City of Miami. I am not disputing that at all. My concern and
I say this openly and,I said this to the person that occupies the Mayor seat, his involvement
is my concern. Where did this thing initiate? That's it, my conversation with people in
the Justice Department indicatesthat the Cohen suit initi .ed this. But that the city was
advised as much as a year ago, but the employee group who under contractual agreements with
the city were not informed, obviously, these actions are going to have an effect on our
contracts, We are entitled to involvement in any Affirmative Action Plan and I will read
to you a telegrams that I sent to Mr, Pottinger just yesterday which just might have pre-
cipitated the phone call. to Mr. Ferre at WO o'clock last night because I spent the better
part of yesterday on the phone with Ms,Jamieson and Mr,Padgett, Mr, Pottinger and Mr. Rose.
My telegram reads this, it is our understanding that representatives from the Civil. Division
of Department Qf Justice (Civil Rights Division ) will be in Miami,Plorida sometime next
week, The exclusive bargaining agent for Paternal. Order of Police Of Miami Lodge has
requested of the City of Miami officials that we be allowed input and to take part in any
policy decisions, In future legislation of the city of Miami's Affirmative Action Plan,
The city has denied our preserpe at any of these meetings, Access denial is a systematic
and malicious effort to exclude the exclusive bargain agent from the process that will
Et
JUL 8019?5
eventually lead to a dynamic Affirmative Action Piah. We demand that the Department
of Just1te refuse to Meet with tatty t ity of Mimi official in out a'bserit.e. 1`utthetthote,
we demand to Vow When the Justice Department investigation into employment practices
of the City of MUM begtna, Who 'conducted the investigation, what type of, and triterisi
was uaed in this investigation The duration of this investigation Sources made {
available to it, affidavits, unsworn and sworn statethettts, intervieer he:•rs• '. special.
documents, electronic retordiegs, and or every other teats of written 'ot tOc t L beans of
cotMunitations. We further detttand copies of all findings of fact together with all
supporting materials and conclusions of law reached by the Departtrtent of Justice to
ifs
dicate that the City of Nisei has engaged in the pattern and practice of diserimination
inviolatton antis Vil., • crime Control and safe streets att acid state and local
physical assistance. We also deny any discrimination practices on behalf of Pr -eternal
order of police. Because gentlemen we are threatened with action as is the City of Miami.
Mow, there is my toncerh, I would point out some things in relation of this. We have to
eXtept some facts. I think it should be stipulated very openly. Discrimination did exist
itt the City of Mimi where Blacks were concerned. And as late as 1965, it was in fact itt
the Police Department discriminated against: Black Polite Officers. They were not called
Police Officers they were patrolmen. At that time, it was fully intergrated, the exams
were the sate. Everybody takes the exams, everybody attends the police academy, everybody
takes the sane exatntt. The Police Department is currently under a mandate to which the
employee group had no involvement but has willingly conceeded and taken part in. As a
matter of fact, the paternal Order of Police has representation on the Advisory Board to
the Tri-cultural program. We have openly and publicly supported those efforts. The only
disagreement was promotional tutoring We felt should be opened to all. But as far as
emphasizing minority recruitment we have supported that publicly and wily ' ,Clue to do so.
We feel and see the need to increase minority participation in the City of Miami t:thploytnett,
especially itt the Police Department. We have never had issue with that. However we point
out to you that some of the things requested in this dustup Department letter has already
been done within the Police Department through the Agreement with the federal
court in the City of Miami and the community PBA. In fact,the effort to notify minorities
of employment opportunities within the City of Miami which is specifically noted in the
Justice Department's letter is currently beincdone through the Tri-cultural Program with our
full support. I would point out something to this Commission. This is probably a classic
indication of one arm of the goverment operating in opposition to another. You currently
have a register that was 70% minority when established. I believe there is 57 people left
on that register, which are predominately minority people. What this letter asks you to do
is throw all that out the window and start over and all the work done in the Police Depart-
ment to this point in an affirmative manner to increase minority participation. If we don't
get clarification at this point before we take any actions and get clarified to see if we
can salvage or maybe expand the Tri-cultural efforts so that it includes all employee
opportunities within the city and not just the Police Department. We in effect will have to
do away with that list and start over again, I also submit to you this that to show if
(the proof is in the eating) I would encourage this Commission to hire all those qualified
people on that register as soon as feasible. Let's not wait, let's put the numbers there
that's what we are talking about. We have the opportunity at least within the Police Depart-
ment to accelerate this already. We have made those steps. We have a validation study
occurring on our entrance exam and promotional exams already. And I think that there should,
be some efforts made to salvage those programs that have been developed during the last year
within the Police Department and perhaps to expand them, but before you take any hasty
action and accuse me of disagreeing or not believing(which I wholeheartedly do, Father) I
think that we should evaluate what we've done with just one department and try and move
that forward into all departments. That is basically my involvement in this point and I'm
as concerned as any one of these members of this Commission in this area, because l recog-
nize something probably more than most people in this room. Revenue Sharing means something
very important to the people I represent. I'ni involved in some negotiations at.this point
and I am definitely concerned about that. It means a lot to my membership and lot to the
other employee groups that are here and they can tell you the same thing. We are obviously
concerned about, We would like input. We want to cooperate. We can support these efforts.
I would submit 'to you that labor historically has supported Equal Opportunity Actions through-
out the history of this country. And we do, we want that, we're openly supported, but we
want input, We also have other people to protect. We must address ourselves to those others
and the current employees and recognize that, we are involved in some things at this point.
So there is a definite concern among the employee groups at this time, Father,
Mayor Ferre; Lieutentant, I might just for the record once more say that we were
the recipient on the 7th day of February, a letter from the Treasury Department specifically
telling us that we were in violation and that an investigation would ensue, So that's how
far back we are officially on notice, Now, when you and I talked about this the first time
it was on the 2nd of July, It was a Wednesday, the day that I visited the City of Miami
Police Department, as I recall U.
Mr. Kan Harrison; I think we had one conversation prior to that just briefly on'--�-
Mayor Verret Ok, that could be. That was the first time, tow the letter that is
dated to John Lloyd which it basic document that we ate really discussing dated on the
11th day rit July, I might say and whet t told you 1 called you on the phone to tell
You of MY conversation with Pottinger. That conversation took place on the 10th of July.
Here's the record. It isn't hearsay anymorethis is the letter,
Mr. Ken Harrison: I don't deny this. My difference uith you from the 1 ,ginning
has been irritation and your involvement at that point. Your cOtomenta as to desirability
of quotas and things like that and that's uhere we have differed from the beginnings air.
Mayor Ferret You keep saying that§ and 1 keep repeating that t have never been, have
never stated that 1 am for quotas' Uhat t keep saying is that unless we do sotething on a
dramatic basis that the federal government will impose upon us a quota system. Now you tat
it-- they don't call it quota system. They tan it numerical goals. 1 stand corrected for
the semantics you know problems of this. You shall hire oft an accelerated basis
with numerical hiring goals. Not, that's what I call incorrectly goals.
Mr. Kett Harrison: 1 think that our differences are immaterial at this point and I
really am upset about you bringing him up here because whether I agree or not the fact
is We do have these letters and we trust address ourselves to those.
Mayor Fetre: Ok, that's the point.
Mr. Ken Harrison: But I feel that when you make comments about my 4nvolvements that
I should make an effect to clarify from my side of the table.
Mayor Ferre: Kenny, you represent a very important fraction or a part of the City
of Miami. Now, I might further -- so we (1" on with thia task this morning. The
letter that's addressed to Lloyd is not addressed strictly to the Police Department. We
are talking about all 4,000 employees in the City of Miami and the whole -all of the
departments and everybody. We keep going to the Police Department bccause you and the
different groups that are involved here are the actives, you guys are very active, so
therefore everytime you stand up. You are the guys that end up being on the television
cameras and being quoted in the newspapers and on radio, but the fact still remains that
this is addressed to the City of Miami and it impacts every department.
Mr. Ken Harrison: Yet, or my employee group is the only one to be singled out to
get a letter.
Mayor Ferre: Both PBA and FOP, there are two letters.
Mr. Ken Harrison: Right.Two letters.
Father Gibson: Mr. Mayor, I want to thank you sir for the clarification, but I
hope when you go home and think the second time you'll discover that Gibson was dead on
target and it was impartial. I want you to know I said where are the department heads?
I didn't say who was the Police Chief, I said where are the department heads, I didn't
say who is the Fire Chief? You note that. What my whole concern is that the whole city
is under scrunity and I'm no fool. If you send somebody out and somebody comes back and
says, the Mayor is dead right, you know what? We would start moving and we would take a
different position. We'll start changing our attitudes. Because I'm sure you've proved
it that there is some thought about whether, who initiated and all that. Well at this
point doesn't make a damn bit of difference who initiated. What is important now is we
are going to either cut the mustard or the $10,000.00 will be in jeopardy. All I'm
saying is let's clear the deck and go on with the business.
Mayor Ferre; No- but it does make a difference to me Father because I don't want
the emphasis that I'm the one that initiates this whole thing, because that basically is
what Kenny believes. Now whether he says it or not, you know and he's referrred that to
me and the point is that this is not something between you and me. This is something
between the Justice Department with the United States and the City of Miami, I did not
initiate this, I was not involved in the case in Detroit or Chicago or New Jersey. I
wasn't involved in the case of the federal government vs. the State of New Jersey, I
have not talked to anybody on this prior to them contacting me. I never met Mr, Guynet
in my life, never talked to him,
Mr, Ken Harrison; Did you send memo's to the City Attorney with reference to this
prior to any contact?
Mayor Ferre; Absolutely, because mY job as --
Mr, Ken Ken Harrison; Are you a member of the Civil Rights Commission that met here in
the City of Miami?
10
JUL, 3 1975,
Mayor Porte: Yea t am.
Mt, Ken Harriman: Sir, that't ti 1 1
aavUt'$t t nuR ahoot lhAt. 1 doult
it's relent here. I think uhat we got to talk about is thee issues that ate hete
toddy On the Affirmative Action Plan.
Mayor Ferrel All right tow wait a moment. Because you are taking basi a cutation
about imprints...
Mt. Ken Harrison: I'm asking questions that's all I'm doing.
Mayor Perre: But the questions are let me point this out to you. That the
Civil Rights COM11.80i0ft of the United States doe t not follow the mandate of the Mayor of
Mlathi and that the Civil. Rights Commission of the United States is holding hearings through-.
out the United States.
Mr. Heft Harrison: Isn't it a bit unusual for a member of that Commission to give
testimony in front of it sir?
Mayor Perre: No sir , let me explain that. Now, let me ask you this, do I have anything
to do with the Civil Rights Commission of Plorida looking into Jacksonville and Tampa?
Mr. Ken 14arrison 1 don't know you are a member of that Commission. Were you there?
Mayor Perre: tt was initiated before 1 was appointed as a member and the „..:‘ is that
the Civil tights Commission has it's specific purpose and a goal. And their goal is to
investigate discrimination. Now, they on their own investigated the City of Jacksonville
when I was not on the Commission. They went ocifically to the Police Department and I had
nothing to do with that. They're investigation Tampa, I did not vote on that and when they
decided on the question of investigating the City of Miami. t abstained from both the
discussion and the voting. (that's on the record, you could look at the record). I tell
you on the record that Maurice Ferre did not vote on that matter, did not discuss it, did
not vote for it.
Mr. Ken Harrison: You discussed it in front of the Commission and had an impact upon
that decision.
Mayor Ferre: I did not discuss it in front of the Civil Rights Advisory Board of the
State of Florida. Now, furthermore, furthermore I think they requested that I as Mayor of
the City of Miami since they were investigating the City of Miami and Metropolitan Dade County
they invited both Steve Clark from Metro and Maurice Ferre for the City of Miami to present
his views. I did that. I think it's my obligation to do so. Now, I stand on the record
I make no apologies for it and I expressed my opinion as I see it and I'm entitled to
that
Mr. Ken Harrison: I think you've made that clear in comments about being a businessman
and doing things rather directly as already been noted and I stand -- and I recognize that
also sir.
Mayor Ferre: And as far as my memorandums they are part of the record. They are open
to the public. I have taken a strong position since I have been Mayor That we are under
scrunity and that it is my opinion that we have to comply and that we have to have Affirmative
Action in a positive manner and not just in philosophy.
Mr. Ken Harrison: Sir, that's not an argument. The employee groups are asking that you
allow us to have input into that and let's not do it the Mayor's way. Let's do it a collective
way sir,
Mayor Ferre: I don't think that the Mayor is unilaterally involved in this. This letter
was not addressed to the Mayor. It was addressed to the City of Miami. Bobby, were you able
to reach Washington?
Mr, Faulk: Mr, Mayor, Mr, Fottinger was not in his office' I did talk to David Rose,
whose in charge of one section of their office , It is involved in this process and he
assured the that their procedure is to have secured the signature of the Attorney General Levy
prior to even initiating the letter which you read to this body,
Mayor Ferre; That's all I've said:
Mr, Faulk: And he confirmed that the signature is on the suit but it has not been filed
and consequently it is not a Suit at this point,
Mayor Ferre; Bobby, I have never said there is a class actin 44.14 and I will repeat
what 1 said is that the Attorney General of the United States of America, Mrs Bdward Levy has
11 JUL 0 1975
signed a class action suit. It has been numbered. It is sitting on top of the desk of
Mt, Pottitger and if we do not go to a tonsent decree it will be filed it federal court.
Now, that's that has been told to me. That's what Mr. Fottinger told die on July lt'Sth.
That's what t told Kenny Harrison and that's what 1 say on the record today end what
Mr, Pottittger confirmed last tight at 6 t 30 1', M,
Father Cibsont Mr. Mayor, for the record I'm very happy that you made ue call and
thanks for the report. Mr& mayor, that confirms my faith in your position its what you
said. And I think we ought to go on.
Mayor ferret All right, Let's proceed now, Mr, Andrews.
Mr. Andrews: Mt. Mayor, the Cotttttiission must recognize that I prepared this agenda
based ati what I could foresee were areas of discussion that the Commission would be
interested in, tf we choose we do tot have to follow this agenda. But the first item
on the agenda is a presentation with reference to the various points of Franklin Cohen
consettt decree. If you wish we could go through that item by item.
Mayor Ferret Mr. Andrews, I don't see Jessie McCreary here and he told me he would
be here by 10:30. So, I out of respect to hint since he's the attorney on that. 1 think
we ought to leave that for later on and then go on to number two.
Mr. Andrews: The second item was to hear from the City Attorney, father than have
itt all due respects your opinions and my opinions or anyone else's opinions as to the
two letters that we received. We should have an opinion from the City ALL ^y as to it's
legal interpretations and ramifications of these matters.
Mayor Ferre: Mr. Andrews, I want to state for the re'nrd that all the words that I
have had into the record and into this Commission was not in lieu of legal interpretation
but rather to set the frame work of what in my opinion as Mayor I see that we are faced with.
Now, that is not usurpation. I am not trying to put myself in the place of the City
Attorney. Of course, I expect to recognize him.
Mr. Andrews: Mr. Mayor, speaking for everyone I think we understand that and I think
in all the proper statement to make that I think you stated it very clearly and it's well
understood. But I think that for the purposes of the record that we should have the City
Attorney make the statement.
Mayor Ferre: All right sir.
Mr. Lloyd: Mr. Mayor and honorable members of the City Commission. In the first
place at the risk of being redundant . I repeat that your assertion regarding the
differential between the Civil Rights Acts under which the Cohen case was brought. Which
is title 42 of the U.S. Code Section 1983 which the original passage of that act was in
187 no, that's the code number in the U.S. Code. But the original passage of that
act or the original act from which that has derived over the years was passed in 1879
as you have correctly stated. Now, then of course also as you have correctly stated then
came the Civil Rights Act of 1964. 'Then of course, the subsequent amendment to it, the
act which you stated was in 1972, which did make local government entities responsible
under that act. That is what they are referring to when they refer to title 7. Now, there
are actually involved in the two letters, from the Treasury Department and the one
from the U.S. Department of Justice Three federal code provisions, Of course, what the
Justice Department is concerned with is as you have mentioned title 7 of the Civil Rights
Act of 1964 with the 1972 amendment.. Briefly, that just prevents discrimination on the
basis of race, creed, color or sex. Now, then the other acts are the Armistice Crime
Control Act, That has the same provision in it, And of course, the Fiscal Assistance
Act which is the Revenue Sharing Act. Now, that has the same provision in it and that,
of course,is the act with which the Treasury Department is concerned. And that is why
we have a letter from the Treasury Department. Unless there are some further questions
I think that generally outlines the facts for the legal situation.
Mayor Ferre; Mr. Lloyd for the record, do these letters specifically put the City
of Miami on notice?
Mr, Lloyd; Oh,yes,sir, This is in my opinion a preliminary notice from both the
Treasury Department and the U,S. Dept, of Justice.
Mayor Ferre; Po these letters specifically state that we must do something?
Mr. Lloyd; Yes,sir, I might add that if it may be of some help as your honor and
the Commission know we have been attempting to get from the U,S, Dept, of Justice, any
proposal that they may have for a consent decree at the time that we were also trying to
get this, We did call up the Pity of Memphis Law Department,
12 JUL 3 01975
Mayor teere: Why did you call the City of Memphis?
Mt Lloyd: The teasen fot that taas We were aware of the fact that they had entered
into a consent dectee with the governfnent on this same basis.
Mayor 'ette What did you find outs'
Mr, Lloyd: And 1 have the consent decree. It Came special delivery in the mail
addressed to us this Morning at the taw beparttrient. 1 have it hare.
Mayor I'ette Is there a ntiaterical system in that consent decree?
Mr, Lloyd: Yes# sitt.
Mayor Perre: How does that numerical system works?
Mr. Lloyd: Exactly, on the basis as outlined in the federal policy statement on
page 2 and if your honor wishes 1 can read portions of it.
Mayor Fette: 1 think it's essential that this Commission understands what this
consent decree from Memphis says. We have not received a recommendation for our consent
decree at this time, but I am sure it will be received within a day or two and I think
it's important that we recognize what other cities have done.
Mr. Lloyd: 1 apologize for being a little bit unfamiliar with this, : use i have
just a few moments ago received it from my office. It just arrived in the mail Lids
morning, but 1 can call your attention to certain parts of it. So as we can perhaps
clarify the tenor of this consent decree. I might read w1:.:t we might consider as a
preamble to the actual order or a pertinent portions of it.
Mayor Ferre: 1 think Mr. Lloyd in the interest of time. Since it is 10:30, I think
that you should just read those important parts that would impact.
Mr. Lloyd: Right. Paragraph two says, the provisions of this decree are intended
to cover all full time employment with the City of Memphis. Except that the goals in
other Affirmative relief established herein including effective class relief shall not
employ to like Memphis Transit Authority and others . Now then, three says, the purpose
of this decree is to insure that Blacks and women are not placed at a disadvantage by the
hiring, promotion and transfer policies of the city. And that any disadvantage to Blacks
and women which may have resulted from past discrimination is remedy, so that Equal
Employment Opportunities will be provided to all. The city has agreed that in determining
whether that purpose has been achieved, an appropriate standard of comparison is the
proportion of Blacks and women in the shall be County Civilian Labor Force. You see, that's
what they are talking about in that policy statement.
Mayor Ferre: Let's get into the meat of it, because that's the philosophy of it.
Mr. Lloyd: Yes sir. Now, then it says, except as otherwise provided in paragraphs
410 and15 the city shall meet in the long term goal for Black employees establishing
an attempt to meet an interim goal in classification where the long term goal has not
been met are filling at least 50% of all vacancies with qualified Black applicants. The
city in meeting a long term goal for women shall actively encourage female employees in
clerical positions to seek transfer or promotion of those positions. Where the long
term goal has not been met and it goes on with that. Then it provides incompetent
Black full time employees hired prior to January 1st 1972 in the Public Works, Sanitation
Division and the pay (Parks Commission speaks about peg rates and then it defines those,
Then it defines female incompetent employees. It defines the manner in which seniority
will be computed and it provides I think for professional employees with pending upon
their qualifications there will be a goal attempted to be reached of 30%, but basically
from what I see initially and I haven't even yet had time to read all of the decree. I
see here on paragraph ten. It says, subjected to the availability of qualified applicants
the city will establish and attempt to achieve from the date of this decree through June
30th, 1976 the following goals. An interim goal of increasing the level of Black employ-
ment in uniform positions in the Fire Division by 5% of the total uniformed personnel.
An interim goal of increasing the level of Black employment in the Police Division by
7% of the total uniform personnel. An interim goal of increasing the level of female
employment in uniform positions in the Police Division other than parking meter patrol
between 4 and 5Z of the total uniform personnel. Being understood that a female Black
employee counts in both percentages,
Mayor Ferre; All _right. Anything else you want to add?
Mr, Llo)d; Not at this time. I believe I've answered your question with regards to
cer ai.n portions of this decree. The decree is rather long and to be frank with you, In
1
4
the limited time Itve had before Ine to read it. This is as far as I've actually gotten
Mr. Mayor, in attempting to pay attention to the proceeding here and also read that at
the sate time.
Mayor Ferret All right. Mr. Lloyd.
Mr. Andrews: Mr. Mayor, there is one other area the City Attorney sh-uli touch on
and that is that the law provides a sequence of events to take place so that should the
federal government choose to litigate a particular governmental agency, sere is a
process to be followed within the law. the first step of that process is being taken
by notification of the Justice Department. There are four more steps that Mould lead
to final litigation, so I think that and you agree with me or disagree ---
Mr. Lloyd: Oh no, this is correct. There is a series of steps including Administ-
rative procedure.
Mr. .Andrews: The reason that this is important is for everyone to recognize that
while the Treasury Department and the Justice Department is attempting to work with the
city in so doing tf we fail to respond they have legally taken the first step and a
series of steps that would lead to legal action.
Mayor Ferre: I understand.
Mr. Lloyd: This is provided in the statutes and in the Administrative procedures
involved.
Mayor Ferre: I think that's clearly understood.
Mr. Lloyd: I thought it was.
Mayor Ferre: All right. Are there any other questions of Mr. Lloyd on his report?
If not then let's proceed to item 03.
Mr. Andrews: Mr. Mayor, this is to be a report by the Civil Service Board and staff
on the efforts to increase minority employment in the Civil Service ranks of the City of
Miami and I would presume that Mr. Paulk would have comments to make.
Mr. R.L. Paulk: I believe Mr. Andrews, that two memorandums have been distributed
to the City Commission and to the Mayor and I don't think that you would want me to read
those into the record. If you Flo want that read into the record I will be happy to do so.
However, there are a nuuber of other things that have been done with regard to Affirmative
Actions, Not a formalized Affirmative Action Policy, but in many instances Education
requirements have been eliminated, age requirements have been eliminated from various
job classifications in so far as the advertising for people to apply for jobs. The height
requirement was eliminated from Police Officer tooas an affirmative action to eliminate that
as being one. The merger of Police Officer and Police Women was accomplished. back
into 1973, the board took action in 1972 to not restrict applicants to the male species for
Fire Fighter positions. There are no positions for the City of Miami which require male
only or female only. All the positions are open to both male and female. Those were the
two particular types of jobs that were Police Officer and Fire Fighters that were particularly
for male only. Policewoman used to exist, but as I indicated those barriers were eliminated.
The board has taken many actions that were very affirmative so far as elimination of barriers
that would preclude certain people from being illegible to seek employment with the City
of Miami. Career opportunities have been established. And the Sanitation Department just
recently within the past month about a month ago for a sanitation inspector which is a
supervisory position. The board took action to open that examination to all of the subordin-
ate classes which include waste collectors, waste collector operator I, where they previously
had not. In order to be illegible to be a sanitation inspector I, must have been a waste
collector II, III or equipment operator. and a sanitation inspector. Now, it's open to
all the subordinate classes. So, there are numerous actions that have been taken by the
board in an affirmative mannor to make it more available and readily opportunity for people
who are in subordinate classifications, So numerous things have been done and most of theta
have been outlined in the memorandums that have flowed to you. But there are numerous other
ones I can't recall at this point,
Mayor Ferre; hobby, I'd like to ask some questions. I've got two and these are
details and let me pref ace one by saying that I did mention and did discuss with Chief
Watkins the question of the swimming test for the Police Department, I personally and for
the record, I want to state that I am absolutely convinced that Chief Watkins is personally
keeping an eye on this and is bung very fair and very concerned about this requirement that
nobody has been denied access to the Police Department because of the swimming test, With
that as a preface Let me ask about two specific areas, one of them, you know there
are as of the 7th of July there are 8I% of the males that are on a whole status because of
physical agility, What concerns me more is that there is 371x of the women are on a whole
status of agility, one of the things that a person needs to do is climb an 8 ft, wall and
have 5 pull-ups. Now, 1 want to point out to you as been made apparent that the
titttited States Army only has a 5 ft. 8in, wall to climb and that as you know some of
these type of tests have been dealt with on a relative basis. Now the United States
Amy only requires a 5 ft, 8 in, wall to be clitubed then shouldn't we consider that
perhaps instead of 8 ft. sae should bring it down to what the U.S. Arty renu •es. 1
mean I'm just asking this, 1 don't know how this operates or how important it is. 1
also understated taking about the swimming test Wot only has it not been weighed as
such, even though there is fib clear tut evidents that in the last ten years it's been
an essential element in Police work. The question I'm asking you is this. I under-
stand the magnitude of it has been increased. In other words, it's more difficult
riot.+ than it was two or three years ago, that it was changed so that instead of swim-
:ming so much you have to swim a little more instead of going so many feet you' got to
go a little deeper and bring up a bigger weight. Now, 1 called the Red Cross. I talked
to the people that ate involved in the life saving in certifications and 1 asked
specifically whether or not a person with passing the test at the Police Department
was qualified to be a life saver and the answer to that was not only are they not
qualified but it is actually dangerous for a person who is not properly trained in
life saving technics based only on the tests of passing that we have in the City of
Miami to go out and try to save somebody. 'What in effect you are doing is jeopardizing
two lives instead of one. So, my specific question is I just used those as two examples
Is the Civil Service reviewing these type of things?
Mr. R.L. Paulkt Mr. Mayor, to go back sometime, a little over a year ago. To clear
the air, the physical agility for Police Officers is not one that is ado -0 by the board.
It is not a Civil Service Board requirement. It's a police department requirem...t number
one. As a result of some charges of allegations of discrimination on the physical agility
I personally met with Captain Reese and members of the personnel staff of the Police Depart -
meet in early 1974 to my best recollection. ".Icng with Elaine Cordon who was concerned
because a female applicant had been disqualified because of her failure to pass the physical
agility. We set this meeting up so that we could discuss the possibility of review and
adjustment on the physical agility. The police department took the ball and worked very
diligently through a great deal of research with other communities throughout this nation
to ascertain what really would be a desirable approach in so far as adjusting, the physical
agility to make it more possible for people to be able to clear the huPdles in so far as
the physical agility test was concerned. They are in a better position to give you statistic-
ally what that has done. But my understanding is that there has been a 400% increase in
females in so far as their ability to be able to pass the physical agility test. There
also is in the next contract with the University of Chicago to review the, physical agility
test and try to come up with one which would be valid through their study in research on the
requirements of a physical agility. So, it isn't something that isn't being looked at. It
needs very definitely to be looked at. By the same token the Fire Department has a physical
agility test which is being looked at also. As in the memo that you received from our
office (Civil Service Office) we are involved along with I believe, it's the City of St.
Petersburg who has received a federal grant to facilitate developing a valid Fire Fighter
physical agility test which they hope to be able to present to the Fire Fighters Council of
the State of Florida To be able to adopt for all of'the Fire Fighters Agencies through
out the state, which will be a valid instrument as so far as determining the physical agility
of the person seeking to become a Fire Fighter. That hasn't occurred. The study is going
on and the Fire Department is participating through giving them information at the present
time.
Mayor Ferre: All right. Rose , I want to address this specifically and I want you
to hear this, because I know you are interested in this. See this is the point; Now, if
a woman cannot climb an 8 ft, wall, the U.S. Army has a 5 ft. 8 wall requirement. A woman
cannot climb an 8 ft. wall and cannot do 5 pull-ups, ok. More than a third of them now
cannot do that. Each one of those things count 15 points. 15 and 15 is 30. That means
that if she cannot comply with those two things she would get a failing score of 70. So,
in effect these things are strictly implemented. What it means is that a woman who might
have all of the other qualifications, that might be exceptional could not become a Police-
woman because she could not pass these two tests. Now, I'm not standing here Bobby and
please those members of the Police Department (Capt. Reese and Chief). I am not standing
here and saying they should be eliminated. I'm not qualified to make that judgment and I
don't know. But I just think that those things are factors that can eliminate a woman who
would otherwise be qualified, Then we have to address ourselves to how important is it for
a Policewoman to climb an 8 ft, fence or to make 5 pull-ups,
Mr, R'.L, Paulk; Although there is a loss ratio for failing to be able to do certain
things on the physical agility, There are make-up areas where one who exceeds in one
area may make-up some additional points along certain guidelines which would offer -set the
loss in certain areas, So there is a rating mechanism of this where there previously was
not prior to early 1974. So, I can't say that completely documents and validates what is
attempted to be done, It still needs to be looked at and it is going to be looked at,
Mayor Ferre; All right sir, Are there any other questions on this particular item,?
if not 1,11 tecogni2e members of the public oh these items I'm talking about. Now,
Mt. Paulk t've got another series of questions for you and perhaps you cat explain
what the procession this. Since June 30th of 1974, through April 30th which is whets
I have the figures there were 980 people hired by the City of Miami. SoMe of these
went through Civil Service and others went through Manpower. Now here's my question.
There were 294 white people classified as whites hired: of which 61 went f " %power
and 233 went to Civil Service, of the 345 blacks hired, 16B went to Manpoter IA 177
went to Civil Service so it was split 50 -50. Now, of the 313 Spanish that WLre hit€d
211 went to Manpower and 124 went to Civil Service, so 1 ask you why is it since there
were roughly around 300 people hired, Spanish Speaking and White, that it the case of
the whites 233 went to the city through Civil Service on a permanent status and only
61 went to Manpower. Whereas in the Spanish hired it was reversed 211 went to Manpower
and 124 went to Civil Service.
Mr. R.t. Paulk: 1 can't answer completely, but 1 can give you some partial answer.
A partial answer was the title II of the Manpower Act was earmarked to a specific area,
which encompasses basicall.ythe tittle Havana Area and the Overtown Colored Section. So.
those are some of the basic reasons why there was a high concentration of Latin population
employed into the Manapower program.
Mayor Ferre: Well then let me ask you then specifically in where title II does not
cover which is Civil Service. How come there were 233 that went into Civil Service and
-- 233 whites that went in and 124 Spanish?
Mr. R.L. Paulk: I can't answer that at this point. The only thing *I can say to
you however, in February of this year The Civil Service Board did direct that 0r' spplicants
shall come from within the City of Miami and it would be my opinion that that's going to
drastically and dramatically change what you are pointing out is that there are going to
be less other or white employed as a result w. that action.
Mayor Ferre: Well, one of the conclusions of all of this is to why 233 whites were
hired into Civil Service and 124 Spanish? Is that there were not enough qualified Span-
ish speaking people that applied for the job? Do you think that could be the reason?
Mr. R.L. Paulk: I don't think that's the reason?
Mayor Ferre: Then what other reason could there be?
Mr. R.L.Paulk: I think that probably that when we had a Dade County area to select
from people could apply from whether they lived in the City of Miami or from Dade County.
Many of them found their way to the Civil Service Office to make applications along with
those people who lived within the City of Miami.
Mayor Ferre: Would you agree that this kind of brings up some questions?
Mr. R.L. Paulk: Yes it does.
Mayor Ferre: All right. Does anybody else want to involve themselves in discussions
specifically relates to the Civil Service Board and the Civil Service ----
Mr. Andrews: Mr. Mayor I've got a letter here from the Spanish S.A.L.A.D. asking to
be specifically heard as soon as the Civil Service presentation.
Rep. Gwen Cherry: Thank you so much for recognizing me Mr. Mayor. It would appear
to me although they have stated that many of the Civil Service regulations have been re-
laxed'•. Very obviously they have not if the Blacks and Spanish Speaking persons are not
going into the Civil Service area and by contras they are going into the Manpower area.
Would you not say that
Mr. Paulk: If I understand you correctly. What you are saying is that although
I've indicated that many things have been done, have been relaxed. That has not necessarily
and totally relaxed the requirements to pass examinations. Now, that's a fact. There
have been some adjustments made in many instances by reducing the norms. And this has
permitted a lot of people not just Blacks, not just Latins, but other people who would
normally have not passed an examination to have been employed. Then it's just sheer numbers
where we have eliminated some educational requirements. We have eliminated some age
requirements in so far as reducing the lower age where in some instances it should to be
21 in order to apply for a job where you would be operating a city vehicle, One can now
apply at the age of 18. So these things do have some effect in reducing and making avail-
able jobs for people who otherwise would not have been eligible to have applied but it
still doesn't eliminate at this point a necessity . to qualify on the basis of an examination
which we feel is necessary in a many instances. Although many of the norms have been
reduced to coincide and to help bring in some additional people.
Rep. Gwen Cherry; Just one point further. In many instances, i know that the job
16
JUL 3 01975
is not related directly to the examination, Just how related - do we hnvt, any toiormAtioh
at e11 as to how well they achieve on the job as compared with the results that we get
from the exattittatiott stores t wonder?
Mt Faulk: Basically, the clostet examination that we have that was followed was our
former Police Officer examination, whith was followed very consistently fi - 1;n poitt of
taking the examination through the academy. it did Wit relate to the perfor1fl ice of a
Polite Officer out in the field after you had gone to the academy. The test was designed
to attempt to determine those people who are likely to succeed in the acadetty with what
information was to be imparted to those individuals to prepare themselves for polite Officers
at the academy level was necessary. At least it was thought to be necessary and that was
the design of the eltamtnation working with the police Department over the past 15 years or
so. Now, in so, far as the other tests ate concerned we don't have any toilow-up of the
people and how well they did on the job to determine how well the test predicted the succ
esa* This is one of otir short comings and it has been pointed out itt the letter both from
the Justice Department and from the treasury Department. We have just embarked upon a task
analysis of otte classification to try and determine what kind of skills are needed to be
able to test for in trying to ascertain what is done in each of the jobs. This is going to
be a long tedious process as i atn sure you are aware and it isn't sotething that can be
done over night. We are starting on the Fire Fighter number one, because, in my opinion I
felt that that was very important. It's one that is a great deal of concern because of the
absence of a higher percentage of Blacks, and Latins in the Fire Department so that we
wanted to set our sights upon this one for our first adjustment and we will proceed with
others as time goes on.
Mayor Ferre: All right. Ladies and gentlemen we have a time problem, out- on a
personal matter dealing with health. Commissioner Reboso must leave here in thirty-five
minutes and Mrs. Gordon has a commitment which she must keep at noon. Now we may have to
then reconvene and meet here in the afternoon it we don't finish in the next thirty-five
minutes, so I would ask you to try to be as brief as possible and to the point and then
after that if we still can't do it, then we will have to meet again this afternoon.
Ms. Francine Thomas: The thing I wanted say is there is something that is being
said by the gentlemen from the Civil Service that I think I'd like to clear up for
semantic purposes. He's indicating that he had to reduce standards to allow people to
pass. He said that certain qualifications or norms were changed or reduced. All right,
the point -I want to make is that I think what is also being said is that he has to re-
evaluate task to see if the norms that were established that were truly norms for the total
population and rather than say that, because the minute that you say you reduced anything
people say that you are lowering the qualifications for the roll and so therefore the
persons that are coming in are less qualified than those already there and I think that's
semantics difference that should be cleared up. The other thing I'd like to ask is that
Mayor Ferre: .In other words, what you are saying is that we don't have to lower the
standards as they really impact the job.
Ms. Francine Thomas; That's right. If they are --- In other words - the bridge vs.
Duke establish the idea that all jobs should be performance base(. And he pointed
out but he knows that this is not the case. I would like to know what are we going to do
in the meantime that we go through this tedious process of getting the jobs performance
base when we are still turning away minority applicants based on the old criteria ? Now,
what type of adjustments can be made to ameliorate what we recognize as clear inefficiencies
in our system? I like to ask another question on the Civil Service Boardandthat is what
is it's ethnic make-up and how do they get feed back that relates to what the minority
culture is about if they are going to be making these decisions? Another thing I have
concern about is what is the length of term of a person on a Civil Service Board?
Mayor Ferre; Let's go one at the time now. Bobby, why don't you answer that?
Mr. Paulk; I wasn't attempting to make it a question of semantics. What I was saying
was that we were reducing the norms and not the standards. I hope that clears that up.
Mayor Ferre; I want to repeat that because I think it's very important because
a lot of people you know the people that are using not the real reason for attacking this
but the good reason. You know sometimes people do things for good reasons and then there
is the real. reason, Well, let's make very clear that what we are talking about is norms
and not in any way lowering the quality of the the qualification and I think we've got to
be very clear on that.
Mr, paulk; All right. The question evolves as to how many board members there are?
There are five (5) . Three of them are appointed by the commission, Two of them are elected
from wrong the employees according to the charter of the City of Miami. A11 of them serve
for a two year period, So there is an election coming up at the end of this year to re-
place or to re-elect; the two who were elected from Wag the employees which ever the case
17 JUL 30197
night be. And the Comfnission will appoint after the new commission is inatt ,urated
three new numbers to replace the three opponents or nay re -appoint the tines flint
tirt! there So they nerve tor tWtt yi tt' partodli 01 time,
Ms, rrancitie Thomaat bk. How long have the personswho are currently ,tits;
been serving?
Mr. Faulk; All right. The ethnic breakdown;Mr. Hadley is Black. He has been
there since 1968 approximately January 1968, Mr. Kouchalakos is Greek. He has been
oti the board since 1966. Mr. liuttoe is white. He has been on the board since 19665
however he had served on the board back in 59 and 60 as I best recall, so he had
broken service as a board member. The two employee numbers ate both white.
Ms. Francine Thomas: Are there any females?
Mr. Faulkt No ma'am there are no females at the present time on the board.
Ms. Francine Thomas: I'll leave at this moment. I'll be back as you get the
other things. Thank you.
Mayor Ferret Francine, I want to make sure if it's possible if you could stay,
because when we get into Affirmative Action I would like to compare and,I have the
Affirmative Action document that you have prepared in your role as the Affirmative
Action Agency for Florida International University with what we have prep.. i for the
City of Miami and I would like you in those discussions if you could stay.
Dr. Carmen Marina: I live in Miami. I am the chairperson of the C.R.B. Employment
Committeee. I am speaking for the Employment. Cu.amittee. Some of the things that I'm
going to say you know have already been said in the discussion this morning. But we
would like to stress. I'm sorry but I have to leave, so that's why ---
Mayor Ferre: Dr.Marina, I'll recognize you, but would you explain what the D. & B.
Employment Committee is that the City of Miami?
Dr. Carmen Marina: The Community Relation Board .
Mayor Ferre: Oh-- I'm sorry. The Community Relation's Board Employment Committee.
All right thank you.
Dr. Carmen Marina: The Employment Committee of the C.R.B. & the C.R.B. are gratified
by the fact that the City of Miami is now undertaking extensive steps to correct certain
employment shortcomings by an institution of an Affirmative Action Plan. At the same time
the representatives of the Community Relation4Board will like to make the following suggest-
ions which are based on a total study of the Affirmative Action Plan submitted to the
Commission by the City Manager. These recommendations are as follows: (A) The C.R.B.
feels that the public ought to participate in the employment changes and new policies to
be created by the Affirmative Action Plan. This could be done through the appointment by the
City Commission' of the Citizen's Advisory Board which would give its counsel an execution
of the Affirmative Action policy and the institution of the Affirmative Action Plan.(B)
The C.R.B. feels that a clause should be inserted in the Affirmative Action Plan making it
incumbent on the City Manager to report at least semi-annually on the progress made in the
execution of the Affirmative Action Plan. (C) The C.R.B. would like to recommend that the
City Manager set a deadline for the intended , review of the City of Miami Employment System
and that this review be undertaken with the advice of the Citizen's Advisory Board to be
appointed by the City Commission. The C.R.B, believes that the City Manager set a firm
deadline for all departments by which a department's Affirmative Action Plan and certain
steps of that plan must be completed. The C,R.B, hopes that the City Commission will ask
the City Manager to report back to it on the above points as soon as possible. Thank you.
Mayor Ferre; All right. Any questions or comments? All right, the representative
of S.A.L.A.D, Will you leave that with the clerk Dr. Marina, so we'll have a ---
Miguel : I am vice chairman of S.A,L.A.D. and I, apologize to the other members
of the Commission for not having enough copies of our statement, It bears directly on the
Civil Service Board so I appreciated the opportunity to speak right after them, In previous
S,A,L,A.D, studies, S,A,L.A.D. has identified unlawful discrimination in the employment
practices of the school system and the Metro government, Those statistics revealed an
intolerable situation which was evidenc@iby the under -representation of minorities employed
in relation to the presence in the population of Dade County, Our recent investigation
of the Police force in the City of Miami has disclosed an even more alarming situation,
Although Latins constitute 54% of the population city, they represent only 9% of those
employed by it's police force, The situation prevailing in the police, however,was typical
of what S.A,L,A,D, found throughout the city, indeed, a more exhaustive study of the hiring
practices in every department betrays widespread patterns of discrimination against ainori-
ties and When at all levels. Vurthermore, S,A.L.A.O. ale° fotttid aignifieAat
toneentration of minorities and *Met it lOW-lovol categotits, while 98t et Ali top-
leVel pOSitibfit (-earning $25,000 br More) wete held by Aagloa. S,A,t,A,D,'a find -
lags clearly support the conclusion that the ufilaWful diacriMifititiOt practiced by
the Police bepartnitnt repreaeftts jut Otte manifeatation of a eity-wide patteta cf
employment procedures which haa a "diaparate effect" ott minorities auL", :ot We
found evidence of diacrimihatory teatment deeply embedded in the basic int itt ion
which control recruitment, hiring, training, prOMOtiOna, layoffs, dischargi;,
ciplitary actions, wages and all other conditiong of employment. These practices con-
tinue to have extremely unequal effebt ott tatias, Blaeks, attd women, even in the
abgetee Of COftebibus intent to discriminate. tt all civil serVide positions, for
examples tatine and Blacks tofistitute less thatt 34% of those curtenqemployed by
the tity, although together, they represefit 78% of Miami's population. *ere such
statistics exist, the law clearly places the burden of proof On the city govertmett
to show that these figures are not the result of institutional discrimination, it is
the dangle uence Of the 10 tent rattiCes of this .ity tot their intent which
determines hetherdisritnation.re4uiritg remedial action exists. S,A.L.A.D. more-
over, found strong statiatical evidence that any remedial action contemplated by this
city is bound to fail, however fairly and impartially administered, as long as the
Civil Service Board continues to create artificial barriers which operate to freeze
the status quo of prior discriminatory practices. It seems tragic that the Civil
Service Board, which was established to hire and promote all citizefis on the basis of
merit has become •an instrument to perpetuate an unlawful situation. S.A.L.A.115 has
focused on the Civil Service because it controls 90% of all city jobs -- It is
precisely in this category where the minorities are under -represented. Thy -entige
of Latin a holding Civil Service jobs in the City of Miatni is approximately 9,1% whi.,c
their percentage in positions not controlled by the Civil Service is 48%. The contrast
is similar in the case of Blacks and women. As 'hese figure.. rlearly show, the legal
necessity for positive, affirmative action to remove the cumulative effect of past
discriminatory practice and to redress the existing inequities, must start with a thorough
examination of the rules and regulations of the Civil Service-- an inrtitution which, not
coincidentally, is governed by a Board of five males with no Latin representative.
Equal. Employment Opportunity is the law. It is mandated by federal, state and local
legislation, Presidential Executive Orders and definitive court decisions. Since contin-
uation of discriminatory practices will inevitably give rise to an Equal Employment
Opportunity Action, common sense and sound legal advice should compel the City of Miami to
eliminate immediately its unlawful practices. The only alternative to court action which
will impose rigid quotas is to act now through the adherence to a bold Affirmative Action
Plan designed to eliminate the institutional barriers that minorities and women now en-
counter in seeking employment and thereby to redress the historic imbalance favoring white
males which prevails in the City of Miami. Such a plan must include the following: (1).
An analysis of minority and female employment by organizational unit and pay grade. This
inventory will help identify jobs, departments and units where there is significant under -
utilization or concentration of minorities and women. Once the city undertakes this task,
it will realize, for example, that half of all Blacks holding Civil Service positions are
concentrated in the Sanitation Department and there, they function, not in administrative
positions, but as garbage collectors. (2). The development of result -oriented procedures
to determine specific goals and a time schedule for correcting minority underutilization.
These goals and timetables must specify numerical increases in minority and female employ-
ment, by job classification, which the city administration aims to achieve. (3). The
establishment of a citizen's monitoring system to determine the effectiveness of the
Affirmative Action Plan. If the employment of minorities and women fall below the targeted
goals, this monitoring system will immediately call for a careful examination of whether
systemic barriers have been overcome, and whether more satisfactory progress can be made in
redressing patterns of underutilization. (4). The development and implementation of
specific programs to eliminate barriers and achieve goals. Careful attention must be given
to the disparate effect of the Civil Service rules and regulations which so blatantly ex-
cludes Latins, Blacks and women from employment in the City of Miami, S.A.L.A.D. strongly
believes that these steps represent the basic elements of an effective Affirmative Action
Plan which the City of Miami mast implement immediately. Beyond the legal necessity to
guarantee all Miami citizens the right to work and advance on the basis of merit, and not
on the basis of extraneous factors such as race, religion, sex or national origins, S,A.L.A.D.
also must address the larger issue of lack of responsiveness to the special needs of minorities
in the delivery of public services, This city's ability to provide adequate services to
minorities paying through taxation for those salaries, is severely handicapped in the
absence of public employees who can effectively communicate with the largest segment of
taXPayers. It is now time to recognize the tragic realities of the present situation,
S,A,L,A.0, believes that the City of Miami commission and its administration must discharge
its lawful responsibilities to all citizens in this community without further delay. S,A,L,A,D
believeathat it is now time for the City Commission to remind the Civil Service Board that
it was appointed to uphold the law, not to abuse Lt. ,A,L,A,D, believe that the five
members who sit on the Civil Service Board must be held accountable to those who pay their
salaries. Finally, S,A,L.A,D, will sapport any serious attempt by the City Commission to
bring Miami under compliance with the spirit of the Equal Employment Opportunity legislation
JUL 8 0 197$
which is so deeply rooted in the American heritage.
Mayor Ferret All right Mr. t thank you for your statement. 1 want to say
that you must have written that before you were aware of the mandate ot` the situation
because of the Juatite Department. Now, this is riot a criticism of you, please or
S.A.h.A.fi. because I think you render a valuable service.
_ No, we did our homework Mayor.
Mayor Ferre: Yea, but the problem is that we end up always making philosophical
statements and broad sweeping things. This is not what we are here for. We are here to
talk about the nifty gritty aspects of compliance and action. We ate not here to state
philosophical and the trouble with these meetings is that they always end up in the same
place, tverybody ends up taking a big philosophical statement about discrimination or
about this problem and that doesn't solve the problem. We've got to get down now to this
specifics that are envolved and to the specifics that within a day or at least a week
we will have before us the federal Justice Department that will be working with us. That's
what we are going to have to address ourselves too.
Miguel _ That was the task that we tried to address your honor , but the plan
that is being proposed here, really was lacking in specificity and rather than just adding
all that was needed. We felt that we would Introduce some steps that would have to be the
basis of any effective Affirmative Action Plan.
Mayor Ferre: The problem is that we are running out of time and I ,lly would like
to get to the Affirmative Action portion of this program, because that's whe,.L. 'Os really
at, so if those of you who have not spoken and want to speak. Want to talk about philosophy,
I would be very, very grateful if you would just write your statements and submit it to the
record or after we've finished here with tilt, ..Lzion portion A will recognize you to make
your philosophical statement, but I think we've got to get down to it right now.
Miguel Just one thing that is philosophical. I think twat our study has
identified without any doubt that the Civil Service is what we have to focus first if we
want to have any Affirmative Action Plan.
Mayor Ferre: All right. Thank you very much. All right next speaker.
Mr. Cornelius J. Holland: Honorable Mayor, honorable Commission members and different
heads of various departmentsof the City of Miami. The matter I am talking about is dealing
with a civil service test. I reside at 115 Avenue and Westward Lake. The matter I am
talking about is confronted with before the City of Miami passed a law stating that all
members are citizens wishing to get a position in this City of Miami must reside in the
City of Miami. I do not reside in the City of Miami, but at this time that I took this
test I resided in Westwood Lake and there was no law against me taking this test. I took
a test as a electrician. I passed it with a passing grade of 75. The test was given to
me by one of the Civil Service members. (Are you the gentlemen that gave me that test?)
I am quite sure-- I could be mistaken, but you told me at that time that this was first
time anyone was taking this test. You asked me did I want time to study, I said no,
because I am a qualified master, I reside4 here six years. I left New Jersey, the city of
Elizabeth. I was a master in New Jersey for 27 years. I formerly am a member of Local
3 of New York City. I was born in Staten Island, New York. --- I have a question to you -
why didn't I receive this position?
Mr. Faulk: Mr. Holland, the only response I say to you is that you among others
apparently took the examination. I don't have the records with me so I don't know how
many people did take the examination.
Mr. Holland: Back to you again, I know I have my wife that --- had worked with Civil
Service in the state of New Jersey. Every applicants receives a letter stating why they
was not placed in that position according to their grade, am I right?
Mr. Faulk: Mr. Holland, I'm looking at your card now, Your position in the group
was number one apparently according to this card. Now, there have been others on the
register which I assume there must have been and not having the records before me I don't
know, But it would apparently be that there were others that were on the register and
the using department selected one among the top three. You happen to be number one on that
register. I don't know why they selected someone other than yourself, but that apparently
would be what happened,
Mr, Holland: I'd like to know why didn't I receive a letter from the Civil Service
Department concerning the reason why I didn't get the position?
Mayor Ferre, I'm going to have to --- Mr. Holland if You'll forgive me, because 1
know you are not going to like this, but we are getting down into speeific cases and I'm
not going to recognize specific cases at this time, That is not the purpose of this
20 JUL 3 019T5
heating now. I will certainly give you the tltnt' it you watt, you coMv tiliut+Vtuw at tilt-,
City of Miami Cothntission Meetittg and you present your specific case before the City tit
Mind Cbnt1tission at the end of the Cotnthission hearings. This is tot the purpose of this
meetiftg today,
Mr. ftolland Mayor, a few minutes, you said that this is not the putt-c e of this
meeting. I heard your representative of the Civil Service heardstate that i oy had to
lower qualifications in order for Blacks to take a test. I at stating hett that they
don't have to lower no gualificatiohs for us.
Mayor Ferret 1 don't think he said that:
Mr, ftoliandt bidn't you say that you had to lower qualifications?
Mr. Faulk! No sir, what I said that Was from time to time we have to evaluate
test results and determine whether or not the norms are really equitable and when we
find that they are not then they are alternated and it may reduce the norms or it may
increase the norms.
Mayor Ferret All right now if you want- this is a personal case of yours, f will
recognize you tomorrow before this Commission at the end of the regular agenda and will
listen to your case. We are not going to listen to it now. All right.
Mr. Bruce Thompson: I am chairman of the Democratic Black Caucas and I'd like to
address myself specifically to the proposed Affirmative Action Plan. ri, t of all, I'm
happy to say at least we are at the point that we are addressing ourselves to r.y..;* problem.
I am not happy that we had to forced somewhat into this position, but at any rate upon
reviewing the proposal which I received on yesterday I take specific issue with the
fact that it does not make any provision fct ouae sort of a t.itizen Advisory Group to be
involved. Now, when I came in this morning surprisingly, enough I ran into some represent
atives from the C.R.B. and several other groups of people here who are concerned about this
same issue. I think it's and I'll use my famous quote - Its asinine for us to sit here and
believe that many of the people who are involved in perpetuation the system that we are
trying to alleviate are going to be the people who are going to correct that. Now, I would
not accuse any of these individuals of deliberately doing so, it may be the case. And I
would not involve them because they may not it some instances, because they may not be
involved in designing this system but there is no way of getting around the fact that they
are involved in perpetuating it. So I would like too and I have not had 'the time to have
this written, but I will send it to the Commission, Propose that we do in fact appoint
some sort of a Citizen Advisory Commission which will address themselves to this and I
do not think that it should be that the department heads of each of the departments or
Mayor Ferre: Excuse me for interrupting you, but we are going to be addressing that
just a few minutes when we get the Affirmative Action thing.
Mr. Bruce Thompson: I heard you say you had to leave in about and I've got to
go ----
Mayor Ferre: I'll tell you before your leave then -- and Mr. Lauredo is going to
address himself in a little while, but I will pass out for your information a statement
by Mr. Lauredo and one made by Mr. Kelsey Dorsett, Chairman of the Citizen's Advisory
Board City of Miami Tricultural Program, which specifically relate to that. I was
hoping that we could do this in order, but since we have to leave, I'll give you a copy
of it now and I will pass this out to the rest of the Commission in just a little while.
Mr. Bruce Thompson; I would hope that the Commission --- since this is being addressed
I still would like to go on record as our organization supporting an appointment of a
group and I don't think it should be a short term commission or advisory group. I think
it should be an ongoing group until such time that the Commission and, this group feel
satisfactory that this particular problem has been resolved.
Mayor Ferro; We have to address that as soon as we get to that portion of the program,
Mr, Bruce Thompson; All right, Thank you.
Mayor Ferre; Mrs, Mike Carter.
Mrs, Mike Carter; Right now I'm working as an Assistant City Attorney. I was a
Sergeant on the Police Department and probably tomorrow I'll be back on the Police Depart-
ment again, sc everyone who's on the Police Department you can welcome me back, It's my
opinion that as o today, the city really doesn't discriminate at the hiring level, But
what occurs after being hired?
Mayor Ferre; Mike, excuse, I'm sorry, Commissioner Reboso must leave because he-
21
JUL 3 01975
has to go to the hospital. Now, what time ate we going to sheet, because obviously
We are not going to be through Because we really have to get to the nitty
gritty of this - the philosophy is fine, but we are going to have to address our-
selvea toBefore that Justice bepartmeit cotes here 1 want to be able for
Kenny Harrison, you and Mr. Lloyd and thyself to tell theta that we have discussed this
and that we are going to do this. One, two, three, four, you know.... Sn ti it it
happens before we are served with that recommended stipulation for the con8 eb decree,
in other words, before we are hit with the consent decree. 1 want to be able to say
that we've gone on record as maybe a hatter of Mist hours a day, but I think that it's
important physiological. We will recess for lunch. Commissioner Reboso with your
permission I'm going to keep on going because we are just going to be hearing testimony
until noon and then after that we'll get into the heat of it this afternoon: There will
no voting between now and 12100.
Mrs. Mike Carter: The crux of the matter is what happens to people once they ate
hired? May t point out that one of the so called (quote) minority groups listed at the
end of the list of course is women. How can 52% of the population be a minority group
truer one? Look around you at City Departments, do we have one woman department head?
Do we have one woman assistant department head? Do we have one woman in a policy snaking
position? Why? The department heads of the city and the men working its the city have
a way of running off qualified women Or else completely subjugating any woman who could
be it an important position. Women have received unequal treatment for years. Every
since I've been with the city, I've been here for 14 years. 1 would like to give some
examples of unequal treatment of women. First let me explain how discrimination works.
If a woman knows her place, if she's dazzled, if she subservient, and shL Icesntit assert
herself everything is great, fine! If she's not she's a troublemaker. If alit ^n strong
they get rid of her. A few examples, when I was on the Police Department, number one,
February 11, 1966, I was a detective on the street detail. I spotted a pickpocket working.
And I was working along, he ran from me aftc� 4 arrested him. I had assistance from passsrs-
bys and two traffic policemen. It developed he was on the F.B.I. most wanted list. The
two policemen who assisted me in arresting this man, received two merits apiece. I was
recommended for one. It was not until their merits had been signed & It had gone through
channels that Chief Walter Headley raised a question, hey, how come- back in those days
my last name was Aydelotte -- How come if this was Aydelotte'sarrest, she got one merit and
the people who assisted her who had no reason to make an arrest of this man. They didn't
see what happened. It was about twenty minutes after the offense had occurred. How come
they get a name for two? Why? The next year I was made Police Office of th month.` I
had made 22 felony arrests for the month. This doesn't mean anything€wh8gospgot on the
Police Department, but,I doubt whether there were very many men on the Police Department
that made that. Yet, people had to go to battle for me for the award. Finally, I was
awarded the award and I was named for the'bronze medal of the year! There was a terrific
battle and a Major had to come in to break the tie and finally I did end up with the
'bronze medal of the year'. In ten years in the Detective Bureau I-consistetf`ly cleared
more cases than my whole unit combined and I won the resentment of my fellow workers.
In addition to being the first person in the history of the Police Department in the
Detective Bureau having split days off. Tuesday and Sunday. Anyone here on the Police
Department knows what I'm talking about. I also won staggered hours. I worked from
8:00 o'clock in the morning until 4:00 o'clock in afternoon one day. Midnight the next.
Afternoons the next. Very carefully thought out so I couldn't have 8 hours sleep in
between. One time knowing that I worked an extra job. And back in those days I was
divorced and supporting two kids. I had an extra job on Monday and Friday night. My
hours was changed from 1 P.M. until 9 P.M. on Monday and Friday. 9 to 5 on Tuesdays,
Wednesday and Thursday, Ok, now we get to more recent history. I was in my first
year in law school. When I was assigned and they went along with me very nicely to the
police station working in the Juvenile Bureau until 2;00 o'clock in the morning. The
Chief of Detective's used to come by in sneakers at 1:00 o'clock in the morning to make .lure
that I wasn't reading while I was working. One day he saw me reading the state statutes
and I was given hell. I couldn't convince anyone that 4#1, the University of Miami Law
Schools does not even acknowledge the existence of the Florida Statute since they teach
a case law method. #2. To convince anyone that Chapter 39 was of the State Statutes
which deals with Juveniles was a very important part of my job. I encountered nothing
but resentment on the Police Department and all the people here who were there noted.
Being an educated forceful woman. All of this would be forgotten however, once I trans-
ferred to the Law Department. I went to Chief Garmire and I said I don't think you should
utilize me I been on this Police Department for 12 years and I have a law degree. I think
you should assign me to an area to which you can use my capabill.tes. Ok, I was assigned as'
the midnight sector sergeant in radio patrol in Liberty City on Saturday nights. Again to
people who are on the Police Department you'll know what that means, one does not need e
law degree for that, And I'm given the thing, oh ---look you're a woman, we '11 even let
you ride around after dark, Yea: the guys who rode for me and worked for me were two in
a car. I'm a woman all alone there, I'm one person in a car. Why? Ok? Then I figured
I'll transfer to the 10aw ,Department everything is going to be fine, I won't have disparity
treatment on the haw Department since all of us are attorneys on an equal footing, Well,
that isn't how it turned out. I was giver) the work load of two .attorneys and(by the way),
if you were if you work for any woman who works in a Man's job' she has to do twice the work
22
JUL ;f019
than any of the then do and be twice as good. I found that 1 was being paid less than
any of the male attorneys en the City of Miami taw Department. Including, those who
started working a year after 1 did and including one who I recommended that he be hired
attd he ended up Leaking more money than ne. 1 had been recommended for a raise. I saw
the 922 and to you people who don't work for the city A 922 is the wey at employment
action is carried on when you are hired. When you get a raise or they take L.:ney away
from you. wfhatever it maybe. There was a comment trade by the head of the Low bepart
tent to send all of the 922's to the City Manager etttept for Mike Carter's (me) I
have been denied my ten years one step longevity raise for two years on the ground, that
the Law Department does not pay this. 1 pointed out - WI, There is a memo from the
City Manager that Oil classified employers are to receive the same emoluments as class
ified and t•12 There the City Attorney's opinion on this. I was told well no we don't
give it in the Law Department. P.S. one of the Theft attorneys a couple of weeks ago just
got his longevity raise. I was told that it was not because of my work. 1 was asked
about my raise and why I didn't get try raise and why all the men there was sworn to
secrecy when they got their's. They said, hey you are getting a raise, but don't tell
Mike that you got a raise. Fine: 1 also notified people this is public record what
your city salary is no matter what they tell you. It is a matter of public record. You
can go in an find out. The head of the Law Department wouldn't see me, I Wrote him a
memo asking why I didn't get my raise and he refused to answer me. I told hits that the
only conclupion that t could draw was that it was sex discrimination. I was told if 1
didn't like Eo go back to the Police Department. So I said, well I'm not going to make
it that easy. You want to get rid of me, you fire the then automatically I'm a sergeant
again. To those of you who don't know t still retain my Civil Service .'ssification
as a Police Sergeant which is why I have the guts to stand up here and whip., •'hy other
people at the Law Department have not come up here and women haven't come up here. Every-
one has said all right we can back you, but we still have to work for the city. Because
there is a way of getting back at you. You if you wotk for the Law Department they
can't make you walk the beat. Midnights in the Grove, that's one of the punishments, -I
complained about my treatment to several very highly placed people imparity in this city.
On Monday I was called in and I was told by Mr. Lloyd that he had'co.vinced the City
Manager to give me a raise. Even though the City Manager really didn't want to give me
a raise. In 12 years in the Police Department I had never been paid off and I didn't like
being paid off right now. I been offered things lately, office manager, re -arranging the
Law Department, be in charge of the new self insurance program, a raise now and at least
two more in the fall, but what I really wanted and what I asked for is that women employ-
ee's at the law department be recognized and not be treated the way they are right now.
May I point out that it's very ironic that the Law Department is handed the gauntlet to
carry the burden of implementing this Civil Rights Act when it is the most sexist' organiz-
ation in the City of Miami. Mr. Lloyd's right hand man , Frank Weston who has been slowly
but surely taking over the helm (the Law Department) has been the biggest violator. He.
has insulted all of the women employees at the Law Department in front of four secretaries
he has said, I don't talk to secretaries. He doesn't talk to women. We don't talk to
women. Only men can carry on big people's work. A female attorney friend of mine who's
sitting here had been hired as an appellant attorney and was interviewed by Mr. Weston and
after this interview she decided that the City of Miami Law Department did not offer the
opportunity to a woman attorney. She was given a half an hour lecture on the different
emotions that women have and that she shouldn't be a prima donna and about the only thing
he didn't warn her was to keep her legs closed when she sat at a desk with a skirt on.
The secretary at the Law Department had been downgraded completely. They are not even
classified as legal secretaries. A few years ago, some people came in who also happened
to been males and downgraded their classifications they're called legal steno's. Mr.
Westonssecretary has been told to her face, she's not even a steno, she's nothing but a
clerk. The female secretaries now there --- oh excuse me, there is the male secretaries
too, so I'll say all the male secretaries are the lowest paid ----one of the lowest paid
people in the city. Yet, they have to pay for parking working down there. They have to
put up with an awful lot working down there and that's why I find this quite funny that
the Law Department is implementing this. This, members of the Commission is how discrim-
ination works. Sure we'll hire you, what do we do with you after we hire you? Like tell
me -- well , go back to the Police Department. As I said, I'll be back tomorrow. I've
ridden radio patrol car in Liberty City before, I can do it again midnight. They can come
up with anything, By the way, just for the Commission's:edifications, I was interviewed
by that Civil Right's Commission. I was to be on the panel, Right up until the day be-
fore they met on a Friday and a Saturday. Thursday I got a long distance call from
Atlanta, saying , Well Mrs. Carter (you know) we would love to have you there, but there
is not going to be enough room on the panel, You can still sit in the audience and watch
what's going on, And I said, well thank you very much, I'm a little bit too busy, That's
mY statement,
Mayor Ferre; All right. Are there any questions?
Mrs. Gordon; Are there any questions? I said just said Wow,
Mayor Ferre; I said, are there any questions of Mrs, Carter? Are there any
2
thatsattybedy wanttt to make itt regards to what she has just stated?
Cherry Weitituein: I live on No. tttstttl:t l i ttt• tve. 1 Wettg the i ti<tivt atta l M4tic i<(%
Carter was talking about. My main toncer"n however, with cumlitg ttete to that t ALSO
ati an attorney toork in Civil Righta cases and I think that it will be lrpottant to
point out to this Commission that poaaibly when the fEskral governa,L:LU.. s to you
we are going to take your funds away if you don't do$a you don't do that a a possibly
there is a little bit of extortion or eveti we ate talking in a situation where they are
trying to blaek mail you, t had a yotttig individual et»e to me one day and he told, t
want to be hired by the City of Miami Police Department. However, my grade puts the
number 26 for the lie detective test. He said that mostly everybody it front of him were
either Black or Cubans. go we must riot to se prospettive. tut at the same tittle we are
dealing with discrimination we don't forget about those who had been itt the majority i nr
so long. Because what we are going to do is we are going to fight a viscous circle. t'te..
Will then end up where we are going to have all the white males coaling to you and maybe
ten or twenty years with the sate type of problem. So, I did want to point this out to
the Commission. possibly they could take an action of extortion or whatever against the
Federal Government and test it. Money I know, is very important and the Federal Goverment
does give it to us. But I think that you taust also take these things into consideration.
Mayor Ferre: Well, of course, the point is that we don't want to discriminate against
anybody. And t think a- that's really what we have to be very careful with itt that as
we proteed on this. And I think you got a valid point arid I think you should address your-
self directly to the Justice Department. But you know, it doesn't tatter -- this is What
I keep saying, when people get upset with me. It doesn't matter what I am not
the guy that's going to determine all of this. This is going to be determined by the
United States Justice Department. You are welcome to make your statement to the Justice
Department and participate in all of this and I think it's u valid statement.
Sherry Weinstein: Thank you.
Mayor Ferre: All right. Is there anybody else who wants to address the Commission?
Edythe Wooley: I work for Internal Audit. Well, maybe it's out of sheer loyalty in
the City of Miami. I just wanted to state in my 25 years of experience, I haven't found
it's all bad I have gone from a Steno I to an Accountant III, maybe by asserting my-
self at times, but how many women make $20,000.00 in over a year without a degree? And
this I have earned in the city.
Mayor Ferre: Well, I'm glad you came up and spoke up. I think it's important.
Edythe Wooley: I mean it's not all bad. There are some good points and I feel
that I'm an example of one of the good points:
Mayor Ferre: Thank you for standing up and speaking out on this. All right, now
is there anybody else who wants to speak?
Mr. George Knox: I p sume that I would claim standing by virtue of my former
employment with the City of Miami which was terminated on the 25th of July. Of course,
my decision to leave is in no way based upon the reason that I'm here now. As a matter
of fact out of gratitude to the City of Miami I would leave if you will a legacy in the
form of a warning to the Commission and to the Government of the City of Miami based
upon the education and the knowledge that I received while I was employed. Quoting from
a report that I rendered to the National Institute of Municipal Law Officers in October.
It has been said that Americans to be angry at Affirmative Action is akin to being angry
at the painful treatment rather than at the wound or illness that makes the treatment
necessary. I will state to the Commission that based upon my experience and the knowledge
that I gained in the area of Affirmative Action and Equal Employment Opportunity there
are two choices for this Commission to make, either strict compliance with the mandate
for the Federal Government or a good faith effort at compliance. I can say also that
the courts of this nation have frowned upon any sort of a good faith effort that did
not in fact comply with their guideline. (2) include the use of hiring goals or to
use a sometimes offensive word, quotas. I will point that quotas have been sustained
by the federal courts of this country where they are of an interim or temporary nature
and second that where the preference is made by employers, This preference is based
upon,as has been pointed out earlier/selecting qualified individuals. More importantly
I will point out to the Commission that the leading case in the five circuit of which
the City of Miami is a member is entitled Moral vs, Chrisl.er, The fifth circuit court
of appeal indicated in response to an objection that the use of quotas represented quote
reverse discrimination, That Blacks and minorities today must be treated as whites were
treated during the period of discrimination. This will leave the definition to anyone
who would want to construe it, The fact is that if there was a preference' for selecting
white employees previously, then there should be the same sort of a preference exercised
now, I will close by saying that no advantage will be gained by the City of Miami or any
24
JUL 301975
of lt's departttents or any of. it1s departhettt heads. By attempting to resist the
mandate, because as silt, been pointed out, when you use federal monies then you
gust dance (if you will) to the fedetal music and 1 will subtttit it closing, that if
you pay attention to the music theft the dance that may become automatic. Thank you.
Mayor let;re: Mr. Kttak, before you go, l oh the record want to perseoal eotmeftd
you and thank you oh behalf of the titit=etts of Miami for the service that ynt` tendered
its the haw Departtiettt. 1 understand that it was outstanding and that you are art except-
iottal individual, very vetoed and qualified it the work that you were dicing. We Watt to
also with you god speed its yournandeavorance 1 understand you will becotte a professor
of law at the university of Arkansas, is it? And that of course is a major achievement
and we certainly tot end you for the implications ------ that not only for black
Atteticans but for all Americans. 1 think it's great that you have achieved this goal
attd this is what you watt to do and you will have this opportunity and 1'tn sure your
work Will have a great affect on many other people as they cone along and join into the
system. So, our deep felt thanks for your contribution. Nov, before you go, you had
an opportunity to work itt the taw Department for the City of Miami. How long did you
work there?
Mr. George Rno : Since January of 74, a little more than 18 months.
Mayor Ferrel All right, so you had ample opportunity to see the proceeding of the
Law Department. 1 hate to put you on the spot. t did not ask you to come here. I did
not ask you to testify. You did that completely on your own is that correct?
Mr. George Knox: That's correct.
Mayor Ferre: All right. Now, but since you have stepred'forward and you have made
a statement, then t think that leaves you opened for a question and the question is what
is your experience and what is your opinion as to the Law Department of the City of Miami
how it functions and specifically as it relates to Civil Rights matters or discrimination
within the department and as it addresses itself to the problem in the City of Miami and
tell it like it is?
Mr. George Knox: It's somewhat difficult. I will attempt to be candid. It's
somewhat difficult for to express personal observations concerning the treatment that
I personaljyreceived being Black within the Law Department of the City of Miami. Now, I
think that I can say candidly that when I began my employment there was not very much
expected of me. But this is a universal kind of situation that Blacks traditionally
encounter when they enter new situations. I was fortunate in that my performance was
satisfactory and I think that the satisfactory nature of my performance became magnified
by virtue of the fact that there was not that much expected of me, which goes to a third
that I have about the institutional nature of discrimination, if you will. Which was
work both positively and negatively. Now as far as the institution of discrimination
is concerned in the Law Department and based upon my observations in the City of Miami
and to tell it like it is. I did sometimes sense that among some of my colleagues there
was this tendency that I spoke of earlier of resistance. The motivation is not to
comply with what is just and what is right, but how can we successfully, defend a particular
situation? And this is the thing that I was attempting to caution the Commisison about.
Once again, this is not a policy of the Law Department 'parse but it is a tendency that
members of the Law Department have. Because lawyers are advocates There is a tendency
to defend a cause rather than to seek justice. I believe that the Law Department of this
city needs to be reminded that the obligation of an attorney is to represent his or her
client with zeal but at the same time we are officers of the court. We are officers of
the government and we are therefore charged with seeking justice. In captailizing my
attitude about the Law Department in the city and the City of Miami visible discrimination.
However,if there is a criticism it would be that there is too much of a tendency to defend
a position which may not be just, rather than the seeking of justice. I hope that answers
your question.
Mayor Ferre: Thank you very much Mr. Knox. You know I'm reminded I don't know
whether you ever saw that picture, but I'm never forgotten it was a wonderful picture
where Charles Lawton was the lawyer and it was called the Winslow case. It's a very
famous case in England which dealt with a young boy that was involved in a crime, I'll
never forget the closing argument, because he was my super lawyer. It was Charles Lawton,
he got up before (a big fat guy) all these judges with wigs and then he made his closing
remarks and he said, what we are dealing with here is not justice, because that deals in
the relations between men but with right, Let right be done, And that really is what
we are talking about, because when you-- what you are addressing yourself too and what
I think --the words that you have said today to me with all due respects to everybody
else are the most important words that have bean said today, Because what you are really
addressing yourself to and (I wish Kenny Harrison could hear) Kenny I want you to hear
this, What Mr. Knox has just stated to me is one of the most important statements that
have been made today and what he said was that what we all of us in good faith, I want
25
JUL 3 01975
to pity tii tt 1 u ct315t your good t ii tti, Now, you tltay not arrant tint . but 1 ,toce t
yours. 1 tttt'#4ttt ytittt good faith. 1 -think v,trtt have grind Will 1tt tit 1 rt t h i itt;. We
don't agtet+ lit ti lot 'u1 itti ngt+, but 1 think what you tttt you tltt it with good '1 rri t it,
No%4 what he really is saying to URA He was addressing himself to the Law Department
but it really its to all of us in the City of Miami, is that what we'vt. 6 , to
address ourselves to is the tightness of something attd the justice of it ;lid tot
the legalistic defense of a position for or against and that speaks to what that
lady was talking about before that and that somebody stated here, because what we
are after is justice and right for all people and that includes the whites just as
well as it does the Slacks and the women and the Latins, t think we've really got
to keep out eye on that as we proceed throughout these deliberations. Thank you
very touch Mr. Khaki (applause) The next speaker is Luis Lauredo,
Mrs. Cordon: Mt. 'Mayor, t'tn going to be leaving in five minutes.
Mr. Luis Lauredo: 2917 Shipping Avenue. Let tie start on a negative note Mt.
Mayor, t originally was under the impression that the whole crux of this 'Meeting
was going to be for the public. We have an input into the Affirmative Action Program
as it has been passed out..,
Mayor Ferret That is the intention and we expect to get into that.
Mr. Luis Lauredo: however, and I know that it was not done intentionally, I at
not questioning intentions, but now we are at 12:00. I see and recogni,, •rmc very
key important people that I have personally called and begged them to be here o,i a
working day that will be having to go back to work sometime today and will probably
not be here at 2:00 so that you have dilutnrl and I'm again with no i11 intentions
and we'll start it off by rather petty statement by Kenny Harrison.
Mayor Ferre: We don't want to get into any personal differences.
Mr. Luis Lauredo: I am not speaking of.Kenny Harrison personally. I am speaking
of the procedure. Nov wait Kenny...
Mayor Ferre: He is out of order. Absolutely out of order.
Mr. Luis Lauredo: May I finish my statement? My statement is I always abide
by parliamentary procedure and the reason that a certain individual got up before, even
the City Manager got to talk was by simply getting up and getting to the microphone. I,`
as a citizen resent that! I resent having sat here for three hours waiting while every-
body else was talking and specific against this individual.
Inaudible --
Mayor Ferre: All right, now look I'm running this meeting Kenny. You happen to
be right. Now sit down and he got up on a right of personal privilege and I recognize
him on that basis. Now, speaking of your point. I'd like to know how many of the people
here will not be able to return at 2:00 o'clock that wanted to be heard today. Would
you raise your hands please? Is there anybody here that cannot come back at 2:00 o'clock
that wants to be heard?
Mr. Luis Lauredo: Mr. Bruce Thompson will not be back.
Mayor Ferre: Anybody else? All right.
Mr. Luis Lauredo: Do you want to then proceed as to the
Afffirmative Action Program or do you want to postpone it until 2:00 o'clock?
Mayor Ferre: Well since the only one that will not be here is Bruce Thompson. I've
already given him a copy of yours, I'm sorry Bruce, you know this is a public tweeting.
As chairman I've got to play it by ear as people come up and speak and I felt that it
was important to permit everybody who wanted to make a statement to make a statement.
Now I'm sorry that it's taking longer and that it affects people that want to testify,
but that's the way it has to be. I'm sorry: Now, do you want to make your statement
now or do' you want to make it this afternoon?
Mr. Luis Lauredo; It's up to you.
26
JUL 301$7
Mayor Ietret It my opinion since kose has to god Weill statt off the afternoon
session With your statement, Now - Mr. Viliaverde We have two brutes. Do you want
to make a two ttitiute statement)
Mr. Rafael Villaverde: t live at 665 B.W. 19th kd. 1 am very concerned that we
have spent the whole morning talking about a subject that all agreed -n t' the
hiring prattiees and the operating within the City of Miami working force. t tliy
Whole concern is how are we going to go about it to solve this problem? It could work
two ways. It could solve the problem or it could disrupt the city. Therefore, I think
that we should get together here, the legislative body, the administrative body, and the
head of the departments on a good faith effort to really solve the hatter. We are fated
with possible law suits. We are faced with possible disruption and also tl,e concerns of
the people that are presently employed at the City of Miami that could have very serious
doubts about their future. Therefore, I perceive that unless we work together, unless we
look at intelligent solutions to the problems we ate going to be facing a very serious
crisis. The other aspect is that all the directions of the complaints have beet going
addressed to the City of Miami police Department. t under'statd that the City of Miami
Police bepartment is the most visible force. Now, serious steps have been taken within
the City of Miami Police Department to solve the problems. t don't think we are half
way to it, but 1 have seen good faith in the dealings there. Now, other departments within
the City of Miami we have to realize that maybe the Police Department is the largest
employment within the city, but there are other departments that are bringing the percent-
age of minorities very low in the total percentage. Therefore, there are other departments
within the City of Miami that we need to address ourselves to and come un with positive
affirmative action programs there. I do not agree with the proposed affi.. •r action
program because from my understanding it is not a program. It's just a mere inteuLion or
for the clarification to do something about it. There we lack the demographic study, we
lack percentages, we lack the goals that we are forseeing in that program. Also in
administrative setup that we have there we tind no citizen's input number one. Number two,
it was placed on the agenda without any notification to the citizens of the City of Miami.
I had to see the first group that had any kind of input into the program. Number three,
I don't consider that having one person and have the administrators of the program name
one person in each department to carry out the program is the right solution. Even though,
I think that the department heads have to be involved and they have to have a very serious
commitment to develop. I"don't know what will be the best solution to it. Maybe, having
an advisory board for the affirmative action program working directly with the Commissions
and the City Manager in order to develop a more peaceful plan.
Mayor Ferre: Mr.. Villaverde,will you be here this afternoon? Well at time then I'll
recognize you again for this specific recommendation. Let me express now as we break for
lunch that it is my intention as Mayor that we will today finish our deliberations with
some directions from the City of Miami Commission that on a regular basis so that we will
have acted previous to the receipt of the consent decree recommendation of the Justice
Department. I hope all of you can be here to participate because in my opinion this morn-
ing was not an exercise in futility because we have to go through these things, but I
think where the real substance is going to be is hopefully is what we will get into in the
afternoon session. Now, let me in closing this morning session repeat to all those present
and on the record. That in my opinion the City Manager,Paul Andrews, the City Attorney,
Mr. John Lloyd, Chief Watkins, Chief Hickman ( I am talking specifically of the people that
I have discussed these programs with) in my opinion are dealing in good faith, that there
is absolutely no question in my mind especially long discussions that I have had with Paul
Andrews that he has no hesitation and no doubt in his endeavour to clear this situation up.
I don't have any doubts about that. I think that what we really have to do now is get
down to the nitty gritty of discussing how we are really going to proceed about doing this,
Because what Knox was telling us and I think it really was the most important statement
made here this morning is that it isn't the individual. t is the pattern of discrimination
is not individualistic at this point. I don't think it'sZ!oncerted effort of one man to
do one thing. Now that may exist within departments but I'm really convinced that does
not exist at the high decision making level of this City of Miami. I think it is the
institutionalizedpattern of discrimination that's really killing us and it isn't that any-
body intentionally wants to do it, but it's the pattern of the way things have been done
which we somehow are not able to overcome. Now I might say and I completely agree with
Ken Harrison in this point that I think the City of Miami Police Department has in my opinion
progressed tremendously. I think that the numbers themselves are indictative of that and
that you cannot conclude anything but that. Now, that does not mean that we have progressed
to the point where I am satisfied nor obviously where the Justice Department is satisfied,
and the facts still remain that'yes ' we've gone from 15 or 20 Latin policemen to close
to 100 in a year or a year in one half, That's clear indication of direction, but on the
other hand where we had 86 Black policemen, We still have 86 Black policemen and I know
that there have been a lot of reasons and that a lot of Black policemen have left the
department. I know that there are a lot of reasons for that and I'm not but the
fact still remains that we stiil have less than 90 policemen and I'm not blaming anybody
for it. I'm not blaming the Chief. I am not blaming the Civil Service, For some reason
it hasn't happened and all I'm saying is that I think we've got to dedicate ourselves to
27
JUL 3 0 1975,
see that it does happen and with that we'11 close and we'll be back at 2100 0'c1,-Ick.
Thank you.
RFCtSS FOk LUNCR 12:05 P.M.
The Commission reconvened at -2:20 F.M. with the Mayor speaking. Mt. T aui ,,do we
are waiting for you;
Mr. Andrews: Mr. Mayor, while you are waiting for Mr. Lauredo may I read a quick
telegram that l want to send to all our Congresstnem2 in reference to the lunch program
that's being carried on in the city. It's going to cone td a halt unless more federal
softies are appropriated and we want to tneke sure that that occurs. I want to do this iti
the name of the City Commission. The City of Miami has been informed that Florida is ore
of the few states with a Special Sutimier Food Service Program will be curtailed as of
Thursday, July 31st, 1975 clue to lack of federal funds. This program which is operated
by the Department of Parks & Recreation and will schedule to end August 15th, distributes
over 4,000 lunches daily to children. It is essential that more funding be appropriated
by the t).S. Dept. of Agriculture to continue this program for our youth. We urge your
support. Signed by the City Manager. On behalf of the City Commission of the City of
Miami., Florida and the telegram will be sent to our congressional delegates.
Mrs. Gordon: I'll move it.
Thereupon, the motion was passed and adopted by the following CommissioneL...
Introduced by - Commissioner Gordon
Seconded by Commissioner (Rev.) Civau.l
Ayes: Rev. Gibson, Mrs. Gordon, Mayor Ferree
Absent: Mr. Reboso and Mr. Plummer.
Noes: None
Mr. Luis Lauredo: Ok. Members of the Commission I'm here as a member of the Tri-
cultural Program Advisory Board and having spent some time on the proposed Affirmative
Action Plan of the City of Miami. We have had sort of a task force - an informal task
force including Dr. Cuadrado, Dean of Health Department of F.I.U. , Luis Salas, who is
an attorney, Mr. Villaverde, Head of the Little Havana Activity Center and two or three
other community leaders in the Latin Community. Originally, our intent was to criticize
specifically the proposed plan and I am going to read to you what I made available to the
Mayor, a twelve point specific critique of the program. In full awareness, first of all,
that the developments of these two letters and the suppose consent degree that will be
forthcoming will in fact supersede any proposed plan and would in fact if adopted would
become the City of Miami Affirmative Action Plan. Furthermore in full awareness and
comprehension of the Manager's attitude as to the plan that it was simply a working
document but I think that I'm well aware of that and the people who did meet, but it was
a bad precedent to let that document be adopted without community input as to it's specifics.
Mayor Ferre: I have to stop you. I've got to correct you, because I told you and I
told others that were involved in this that this was not a final document but it was a
beginning point, so I want to make very sure and 1 want to correct you very quickly on the
record that it was not my intention on voting on that or it to be a final document. I stat-
ed so on the record. I told Mr. Dorsett and I told you.
Mr. Luis Lauredo: I thought that my words were meant to say precisely what you are
saying that I comprehend that premise, but that I felt the responsibility or we did to
still criticize it as it stood.
Mr. Andrews: Mr. Mayor, may I please interupt just to say a couple of words? I'm
afraid a great deal of misunderstanding is taking place, You've eluded to it. I'd like
to elude to it a little bit more so that it's abundantly clear what the intention was.
When this document was prepared it's only intention was a point of beginning. We are not
trying to take pride of authorship of the document in any way whatsoever, We recognize
that when we produced this it had no community input. No advisory committee actions
There was no committee appointed by the City Commission, This was merely to begin a
point of discussion for the City Commission and 'the document can be completely changed,
It can be avoided and we can start the whole process all over again, but something had tobb...
place before the City Commission as a point of beginning and when the Commission adopted
this, I encouraged the Commission as they were aware that they have public input and that
the whole document be revised if necessary that this was going to be your policy,
Mayor Ferre: And that's what the purpose of this meeting is, so proceed,
Mr, Lids Lauredo: Yes, As a basis for renegot;iat on or redrafting this document,
1 present the following:
1. The plate as proposed speaks of a goal of achieving employment in the
City of Miami teflettive of the `"work force" and not reflective
of the population at large, as does the City of Miami Police Depart -
theft Consent Decree; i.e,; Cohen vs, City of Mi.attiz
Further, thete is no definition of "work force" anywhere in the
document and there is a clear absence of definitions of tetthit1
oiogy it general throughout the document, Specifically; if definition
of ''work force" includes the requitement of citizenship; then 1 think
that 1 would object seriously to it. There are already some,;..
Mayor Ferret Mt. Lauredo just for us so we can move into this thing quickly
1 asked Mr, 1'tittiiger that question yesterday on the phone and he said that it
did not that "work force" was not classified on the basis of citizenship; but
the work force available in the community. I asked hits specifically, well how
does that differ from the population breakdown and he told the that they would'
use United States Labor Departments figures; unless we could give the Justice
Department more specific figures that were more accurate than the Department of
Labor.
Mr. Luis Lauredo: All right on those lines I'll submit to the clerk Ind to the
commission a copy of the case Mc Dougall vs. Sugarman in the Southern Dis,.. ic t- of
New York, November of 1971 that rules the unconstitution uut can citizenship
Mayor Ferret All right, why are you st:bmi Ling that?
Mr. Luis Lauredo: For the record.
Mayor Ferre: Weil clarify what it says.
Mr. Luis Lauredo: It says in fact that citizenship as a requirement for employment in
the public sectors is unconstitutional.
Mayor Ferre: Well as the Department of Justice man told me that that's not a'question.
Mr. Luis Lauredo: Ok.
2. There was no community input ( I understand that was not the intent) so I delete
that.
There is nowhere in the document, any specific numerical hiring goals, only
general statements of intention.
4. There is no timetable to achieve any goals.
5. There is no grievance mechanism specifically defined by which minorities
already hired by the City may seek redress for a discriminatory practice.
6. Composition of the Task Force - as described therein, basically controlled by
the status quo with no community representation. (Imaypoint out that the Task
Force that is reflected on page 6 on the document will be composed of one quote
senior administrator from each City Department appointed by the respective
Department Heads.
7. Under the proposed plan, each head of a City Department assigns a "Senior
Administrator" to be his Department Affirmative Action Advisor in the:Task Force
on Affirmative Action, Needless to say, there is no "Senior Administrator" in
any of the City Departments of Minority extraction. (that I know of) Furthermore,
is this individual to be independent? Is he responsible to his departmental head
or is he going to be responsible directly to the City Commission?
8, The Affirmative Action Coordinator shoudl be in an independent position, respons-
ible only to the City Commission and should be hired and able to be fired by the
City Commission.
Affirmative Action is by definition a legal requirement, There is a marked absence
of the City's Legal Department in either the drafting of the document, or in the
composition of any of the Task Forces, except one. There should be an individual,
preferably of minority descent from the Law Department, assigned full time to the
Affirmative Action Office, It is further stipulated that it would have been ideal
that the Affirmative Action Officer should have been an attorney.
29
10. The Affirmative Action Officer should have the power and financial ability
to bite atiy outside consultants, including legal advise and help, as he
or she may deem tiecessaty.
11 All M firtnative Action Office employees should be exempt employees r,d
not Civil Service ethptoyees .
12. Ahd lastly, all Task Ponce and Study Croups described in the program should
be composed of a 50.-50 ratio, i.e., 50% front City Administration appointed
by the City tanager and 50% responsibile comhutity representatives selected
by the City Cotntttission. Now that's just critique of the document. In the
theetifig of this Task Force to review the document it was a concenst!s of the
group, "that the Bain thing to come out of today's meeting should be a creat-
ion of a five�tnember Community Advisory Board on Affirmative Action, to work
in conjunction with the City Administration and the united States Justice
Departthent in drawing up the Consent Decree which in effect, would be the City
,f Miattti Affirmative Action Plan. This Board should be appointed by the City
Commission and should respond to the Commission, and a member, or the entire
board, should be present at all meetings between the Justice Department and the
City of Miami Administration.
I Will also favor a representative of the City employees that should be present
at all negotations. In that basically, Mr. Mayor - •--'Lastly, I'm sorry and I
have to go back .to the resolution you passed last week (I believt.The fourth
paragraph or the sixth paragraph reads the City of Miami Affirmativ4 ;nn Plan
a copy of which is attached hereto and made a part hereof is a resolution.
(b) and it is hereby adopted.
I am sorry if I'm clouding that issue. I don't understand what that means.
Mayor Ferre: Look: what it means is this, that we may have to take twenty steps
to get where we want to go, but that is the first step. That't not the twentieth
it not the eighteenth, it's not even the second, it's the first. Now, today is
the second step and we may have a third, a fourth, and a fifth. Now,I don't
know how far this thing is going to carry it or how far we are going but this is
what we are here to discuss. It was something to move on. That doesn't mean that
it is the final thing. We passed it on that premise. Everybody understood that.
That's why we are having this public hearing.
Mr. Luis Lauredo: Ok. And lastly, Mayor and it's not related to the specifics
but I need to get it off my chest because something that a few people have reflect-
ed upon me and I address it directly to the members of the press who are here today.
I fail to see how the United Justice Department or any other department of the federal
government can come into this area in good faith and an objective analysis of dis-
criminatory practices and somehow I always wind up filing or threating to file a
suit against the City of Miami while admitting (what I believe personally, to be the
most discriminatory county, local public sector which is the county(Dade County)
government and consistently we are single handedly pointed out time and time again.
And again I see this happen with this consent degree that we are going to be getting
and I don't understand the logic or the analysis that they use to arrive at the
conclusions but I feel that if the press --I have failed to see a approach
in the reporting that the press has done it and I have not even raised what I con-
sider a very key question in this whole subject.
Mayor Ferre: Are you specifically stating that in your opinion Metropolitan, Dade
County is in worse condition than the City of Miami?
Mr, Luis Lauredo: I know that for a fact. In numerical speaking it is a fact. It
is much further than just an opinion. Numerical speaking it is a fact that the
representation of minority felt in the public and the public safety department
and all of the departments are much worst off than the City of Miami.
Mayor_Ferre: Why in your opinion then is the City being picked on? Tealit like
it is,
Mr, Luis Lauredo: I do not subscribe to conspiratory theories, but had it been a
conspiracy between the Miami Herald and Ray Goode to for a further step into the
process of their purpose of assimilating the City of Miami. into Dade County it could
hot^Sn better orchestrated , 1 believe.
34.E
JUL :3 019/5
Mayor Verret Mow wait a WAWA. Because in all fairness, l think i at responsible
for ail this which is absured. NOW you are tot going to tell the the Miami Herald and
Hay Coode got the Justice Department to come �...
Mr. Luis Lauredot I didn't say that. 2 said w ere that to be t1►. case. 1 said,
I do not subscribe to conapirary theories but w ere that to be the case they maid tot
have done a better job and I criticise that and I further criticise the local press for
a lack of imagination in certain community responsibility to bring up these questions
when they write about the fact that the city is being sued, I begets the question well
what happened to bade County? And no one that I know has raised it in the meeting, i
just wanted to throw that out now that t 'have the opportunity to do so in public. Thank
you very ouch.
Mayor i erre Any questions of Mr. Lauredo7 All right-- Mr. Lloyd, you tight want
to read into the record the statetient of Mr. Dorsett. Here is a copy of if you want it.
f passed it out but I think it is important enough since he is your chairman in that
conunittient that ought to be read into the record.
Mr. Luis tauredo Yes, I beg your pardon. lie was unable, he devoted a lot of time
to this subject and he was unable to be here because he had other commitments and its address
ed to the members of the City Commission from Kelsey Drosett, Chairman, Citizen's Advisory
Board, City of Miatni Tricuitural Program. Subject: City of Miami Affirmative Action Program.
Due to other obligations, it is my regret that I could not speak with th% ''nmmission it person
regarding the Affirmative Action Plan as has been submitted to the commission adoption.
However, I would like to state my concern for the plan and offer some constructive input into
the plan for your consideration. In all honesty, it was quite distressing to have read the
plan a couple of weeks ago. This document, whi..% can be far reaching into the Miami community,
and which could play such an important part in improving the image of this city, improve the
welfare of the citizens, and set a positive example for other cities was in my opinion little_
more than a slap in the face to all minorities and all decent persons who support a policy
of non-discrimination and affirmative action for all citizens of the community. Upon reading
the plan, several key questions arose which perhaps should be thoroughly scrutinized before
final adoption by the City Commission.
Below are listed some of the pertinent points of concern which should be answered:
1. The physical location of the Affirmative Action Office(in the basement) is
totally out of phase which policy statements and ideas as espoused in this
document. Symbolically, the present location gives a very negative connot-
ation of the real level of concern by the city. For too long minorities
have been shelved into the background or to the back door, and in the base-
ment. I think this move will represent to all citizens your genuineconcern for
seeing that this city is committed to affirmative action.
2. Judging from the awesome responsibilities of the Affirmative Action Coordinator
as outlined, the probability of successful implementation is minimized to such
an extent as to seem to have been designed to failure. Perhaps proper expansion
of the staffing of the office as co -coordinators (composed of minorities)would
be effective.
3. There seems to be an obvious lack of enforcement powers in implementing and
maintaining an effective plan will meet the goals of the plan. Perhaps stronger
administrative enforcement should be spelled out and adhere to in the plan.
4. There is a lack of adequate timetable for proper implementation and continuity
of the plan.
S. More active citizen participation should be encouraged from the minority commun-
ities in the final design and implementation of the plan. This move would give
minority citizens a voice in their welfare and pride in participation in their
government.
6. Thorough analysis of job requirements and performance should be undertaken to
establish the validity of many of the positions in order to provide increased
opportunities for minority candidates.
While the above observations are not all inclusive, my main concern is that the
Affirmative Aotion Plan for the City of MIami is more well planned, and will Jive
up to the policy statements of the City, I believe that: all citizens deserve the
best and most equitable affirmative action plan the City Fathers can provide for
this community,
31
JUL 01975
t
It is my desires as well as others in the "coftiunitys to see that the
Affirmative Action plan becomes a plat of substance of which the citizens
of this community can be proud.
Thank you,
Mayor Perte All tight as a unrelated matters but I think it's important enough
that we get word to Washington right away, Mt. Andrews-== I've been working very
diligently since the Mayor's conference in Boston and whatever little input t could
have in seeing the coon ercyclical anti recession bill pass the senate. I am happy to
report to you that a half hour ago the united States Senate voted 58 to 38 in favor of
the anti -recession countercyclicalassistance bill. Now, that will mean for the City
of Miami one million nine hundred and one thousand dollars. Unless, of course we are
precluded from using those monies because of actions taken by the Justice Department, so
1 thought it was timely to announce that we will have available. Now I got a phone call
from kick Sisser who you may temember did lobbying for us in Tallahassee. He is currently
up in Washington, he wanted to know whether he should go over and work with our House
belegation"behalf of this bill. And I certainly would recommend that we instruct him to
do so. 'Unless, anybody has any objections. I think the best way to do it is to do it
through the Manager's office so if you will nave somebody call himthere and tell him 'yes'
that's that an important bill of legislation. It will be important money for the City of
Miami. I think at this time ladies and gentlemen, Anne Nicol, if you would, I think
you should come before this Commission now and -- you've heard the starants made by
Mr. Lauredo. You've heard the statements made by Mr. Dorsett, the Chairman 0, Citizen's
Advisory Committee. They are specific, they are not general in nature. It isn't philosophy
it's right down to the nitty gritty heart of the matter. It's the core. Now I would like for
you, if you don't have copies of these I'd b c ii@ppv to give yuu copies and I would like for
you to go right down the line and I would like the Manager's participation on each one of
these comments. Why don't you before you get into that , tell us about your Affirmative
Action proposal that was adapted by the City Commission on the 17th. What's your opinion
of it, do you think it's strong enough, where is it lacking, what should we do next and
then I'm going to invite Ms. Francine Thomas who is also here who is a counter -part to you
in another organization and I'd like her opinion and what's she's done at F.I.U., not that
it's important to us directly, but it's important to us by implication, by contracts.
Mr. Andrews: Mr. Mayor, may I ask why we are proceeding in this fashion, when we have
attempted to demonstrate that this is not a full proof complete document that has not stood
the test of public criticism.
Mayor Ferre: I understand Mr. Andrews. We are proceeding in this fashion, because
it is my hope that by the end of the day we will be taking step #2, so that we will then
go beyond what has been written and start getting into the specifics. Advisory Board 111._`
#2 How the department heads relate to this, #3 the Affirmative Action Officers in the
departments, do they represent minority groups, #4 I think, we ought to give them some of
specifics of Civil Service, I'd like to talk about for example: the question of the registent.
Now, I'm going to be very specific. In the case of Cohen vs. the City of Miami. We got
into this whole question as to how long the register could last, ok? Now, the purpose of
how the register could last was because we wanted to make sure that it didn't bog down and
we couldn't get of low and give opportunity to everybody. All right now if we in turn apply
that same thought ok? Of 1972 to 1975 when we have a register that is 70% minorities, then
I think it's actually working in reverse of the intention was in 1972, ok? Now, so that's
why I go back to what Mr. Knox's was saying, that's why his statement was the most important
one today, because was saying, forget the detail of the law alone. I think we've got to keep
our eye on what is right and what's just and what the goal is, because the purpose of the
football game is to get that ball across the goal and that's really where we are headed for
all of a sudden for somebody to tell me (and I am not going to say who told me this), but
for somebody to come and tell me that we are going to apply the Cohen rulings from the
Judge in the Federal Court to this register is really using the declarations of the Federal
Court in reverse to what the intention was. In other words, if we go back to that judge
now and we say, Now Judge, what do we do about this register? When is this register finished,
in February, well then we have a little more time and hopefully, we can use that whole register
by February, but what if we can't? See; And that's the kind of stuff I think we ought to
be getting into in a little while,
Mr. Paulk; Let me clarify,I was speaking of the lieutenant and sergeants registers
for February.
Mayor Ferre; You weren't the one that told me this,
Mr, Faulk; No, no I know that. But if you are speaking of the Police Officer register,
then that register goes until I think it's April, so there is plenty of time for you on that
one, I think it wasn't certified until either late April or early May, but it will in 411
likelihood have exhausted through completion prier to that time,
1
Mayor Verret Ok, you se Mr, Paulk, what l'm talking about we got to get into
that. YOU MOW, because I watt to heat trot you how this thing is going to work,
Mt, Ahdrewst The area that 11th trying to avoid it being positive it th4s apP,.
roach is ote it whith the City admitistration, particularly, Ante Nicol Lb tL in a
poSitiOrt where she is attetptitg to defend this plat, That wasn't the purposo of
subMitting the plan to you. It was the first of the building block, It could be
taken attd be criticized. It could be tevieWed, A suggestion should be made as to
hot to Modify this plan, All that taken into consideration, there would be then a
secohd pian devised, It probably would be reviewed and retitled and so Oft utitilyou
arrived at a point at which the cottaissiott would be ready to accept the whole plan,
Mayor Petra: Mt. Andrews, the City Cop:Mission sets policy, The City Cott:mission
sets policy with the advisor and the counselor or the adtihistratiot and the legal
depattmett. We also set policy based on public hearings; based on the input of cititets,
ok? Now, the reason why I want Anne Nicol to speak today is because she is the author
of this document. I at not saying that she espouses this as the final solution, because
I know that she doest't because she told me so. And she said so publicly here and you
said do publicly and I've said so publicly. And I corrected Luis Lauredo when he didn't
say, but he inferred, because he was upset tat we passed this document and I was explain-
ing what the procedure is. Now, the reason t want Francine Thomas to have input into this
thing because she is doing the same thing in another place 8 miles from here and I want to
hear from her what she's doing. How she's doing, so that maybe she can -'vise us as to
what we should be doing that we are not doing, ok? Now, the results of thib will be step
2, so that we can theft tell our Affirmative Action Agent who is working for the City of
Miami and that includes you and me what we want her to do because as I recall your state-
ment to me when I told you that this was a rathr weak state,..cnt, you said, "Mr. Mayor,
this statement is only a guideline and you the Commission are to establish the policies".
Is that what you told me?
Mr. Andrews: Yes sir.
Mayor Ferre: That's what we are doing.
Ms. Anne Nicol: I assume you'd like me to go down
Mayor Ferre: You tell me anything you want. Look!
public hearing. You are our agent. I'm asking you, you
think of the document, what's missing in it, what's the
these points.
This Commission, this is a
wrote the document, what do you
next step, what do you recommend?
Ms. Anne Nicol: I did write the document and it is nothing more than a statement.of
policy and philosophy. An outline of some of the responsibilities of the office of
affirmative action and the Affirmative Action Coordinator. And also nine areas of work,
which should be considered for further action within the work programs themselves there
is mention of specific goals and timetables for each department. I don't think it was the
intention of the Manager to present specific goals and timetables within the policy state-
ment itself. Perhaps, the easiest way, as I agree with personally with many of the points
that have been brought up by Mr. Lauredo and by Mr. Dorsett. Unfortunately, there are
circumstances which prevent us doing things differently. There is a serious space problem
within Dinner Key. One of the reasons that my office and not only my office, but the
majority of the people working in the community affairs area was put into the Captain's Room
was because of renovations that has begun in the Manager's suite of offices and this was
the place that was available.
Mayor Ferre; Well, what's that has to do with the --- you are saying that this is
a philosophical statement. What does the lack of space have to do with basic, with basic
gut questions, for example... Do you agree that we ought to have an advisory committee?
Ms. Anne Nicol; Yes we do.
Mayor Ferre; Well who should the advisory committee be, how should it be made up,
how should it be appointed, what should be it's functions, how should it perform, what's
the guideline, what's the time schedule?
Ms, Anne Nicol: Al]. right, first of all, I think that the Commissioners themselves
should be in a position to appoint certain of the number of members of the group. I think
that the employees should have some input and that the employees elect representatives on
the Civil Service Board, on the Retirement Board, on other official hoards, that the employ-
ees should also, elect the members.
Mayor Ferre; What size board should it be?
Ms, Anne Nicol; It should definite/lbe an 00d number, This is one of the things that
33
JUL 3 0 1975
41,
we discussed. Vith five CoMmission members you assume that each Commissioner would
like to Make his oWn appointment. (by the way) 1 used the male pronoun4 it is inclnsivo.
Mrs. Oordoft: I've been a City Vathet so many times, 1 can get used to that..
Ms. Anne NiColt Thank you Mrs. Gordon. So, you've got five there. Ass rang a
50.,50 Split between elected and appointed there would be five elected by the employees
at large, (Mayor Perre., that makes ten) that makes 10. If a representative from the
Affirmative Action Office sits as a member of this board, it becomes eleven which is aft
odd number. And one you get beyond eleven, twelve, thirteen, it becomes an unwieldy
number to work with.
Mayor Perret I think eleven is tftwieldy.
Ms. Anne Nicol! Yes. My own preference would be three appointed and three elected
with the reptesenetiVrtot the Affirmative Action Office sitting as the seventh member.
But then, that doesn't leave one appointed for each Commissioner and that's a problem which
has to be resolved.
Mayor Ferre: It's not a patrician thing. I think we can work out between the five of
us what three. As a matter of fact, I think that would be a good healthy thing so that we
don't end up with thing that there is always appointment to everything.
Ms. Anne Nicol: May 1 just--- I used the term, a representative fro. '0 AFfirmative
Action Office and in almost everything that I proposed, a representative from tim Nffirmative
Action Office is included and "I" for all intents and purposes am the Affirmative Action
Office and 1 don't honestly see that even in the weak form that plan is now, how I could do
it. There just doesn't seem to be enough time and enough of me to go around. Just keeping
up with the changes in the law I get stacks every two weeks on the latest ruling which I
have to keep up on. Just one thing but there are nine work programs that we proposed, that's
a pretty heavy needing schedule. There is a lot of public relations that has to be done.
There is a lot of real work sitting down and writing reports and making reports to the
government and I don't think I can do it by myself.
Mrs. Gordon: Mr. Mayor, may I ask her a question? You mean to say you are working
without any assistant?
Ms. Anne Nicol: I have approximately three hours of secretarial help a day. 1 share
my secretary with Ms. Rodell and Mr. Baldwin and this week she is unavailable to me at all
times because of an illness in the Manager's office and she is the only bi-lingual secretary,
so I have no secretary this week.
Mrs. Gordon: Mr. Andrews, were you aware of this?
Mr. Andrews: Yes I'm aware of the staff that I have available for this and for
of the other functions that we've got to carry on Mrs. Gordon. At the same time, we
going through a Budget process in which we have not filled 160 positions in the city
ment and there are a many department directors here who are weighing ---
Mrs. Gordon: Looks like we are playing some games, I mean, you know....
Mr. Andrews: No, we are not playing games Mrs. Gordon, remember that we are first
getting off the ground with this program and once we get it established and the Commission
begins to establish policy, begins to adopt a plan, then we can think about expansion of
that office into a larger staff when we begin implementation.
Mayor Ferre: Mr. Andrews, you know, in defense of what you are saying, I think we
have tG kind of recognize that Affirmative Action is something that all departments in
the city have got to do. And what Ms. Nicol is supposed to do as I understand it is she
is supposed to be working with the agency in each department and with the department heads
to see that they implement their Affirmative Action Plans, but not be the implementator of
all the plans herself, because if she becomes the implementator of all the plans then we
need a staff of fifteen.
all
are
govern -
acts and plan as something put down in words and we don't have the cooperation and the dir-
ection from each department director and staff within his department, Al]. we've got is a
piece of paper and an affirmative coordinator, There has to be a complete commitment'on the
part of everyone
establish policy
be carried out,
you are going to
off the ground,
Mr. Andrews: And we may not have a plan, Because if you think in terms of this entire t!
in the city that this is going to work and it's important that the Commmissior
first and then we'll get into implementation as to how those policies can
Now, if you are going to to start writing into that policy statement that
have all these little details w0111 be at this for a year and never get it
You are going to establish .one policy first,
34
JUL 3 0 1975„
Mayor Petrel 1 know Mr, Atdreus1 hope we don't get into the little details,
but 1 certainly hope that we get into the four or five basic things that really speAs
to the heart of this matter.
Father Gibson: Mr, Mayor, 1 don't see how you could justify ten minim, e,Ilars
that is tarrying out visions under the law that giVeA you or the authority that k,ves you
ten million dollars by having one person who to secretary, you know, that tells me
tight off from the begining taint going to be nothing done, Now, it seems to me if We
are going to substantiate our position it getting that ten million dollarsP11. tell
you how 1 tut a thurth. Man, if you don't show the that bottom line, taint going to be
nobody. Now, 1 would hope and this is not a criticism. 1 would hope as Of this Very
day toe would have made up our minds that we heed a staff, cotpetent people with an
advisory tommittee who's responsibility it is to say to that person who's hired, you get
up off your so-and-so and do some work and unlike the way 1 hear you all say, 1 am not
SO sure Mt. Andrews that 1 could afford to Wait for the department heads to tell me
when to wive not if 1'nt going to save ten Million dollar, Maybe, we are going to have to
tell the department heads to move. And 1 said this earlier. Nobody paid the any attention.
I said Ms. Nicol you could remember, you came in here and 1 said something . You were a
little upset with me. 1 said, 1 had real, real difficulty in trusting the Affirmative
Action Agency the way it was, do you remember that?
Ma. Anne Nicol: Very well.
Father Gibson: And I want to tell the public. She didn't hardly want . qheak to me
notnore. Wait that's - look I'm sure the public no fool, well look, when she sdv. -^ yea,
she spoke to me reluctantly.
Ms. Anne Nicol: I sought you after.
Father Gibson: After I made my statement.
to bring the rods of the gods down.
awroa•••••••••••
you thought that Gibson was about
Ms. Anne Nicol: Sir, that was my third day here. I began work on the 24th of February,
which was a Monday and I was introduced at the Commission meeting which was the 27th or 28th
and immediately following that -- at the break I did speak to you about that sir.
Father Gibson: Ok, let me say I'm wrong. One thing I'm not wrong on - you can't
expect anybody whose going to maintain 10 million dollars coming into this city just one
somebody to do it. I heard you to say that every department head has a secretary. Isn't
that right Mr. Andrews.
Mr. Andrews: I believe so. Yes.
Father Gibson: Oh yea: Oh yea: Every department head has a secretary. Ok? What we
are saying is tell department heads that's what that lady is like in my book. Because
we expect results. I'm not going to lie to the federal government that we are doing what
we are not doing and that's what the five of us have that responsibility. Isn't that right
Mr. Lloyd?
Mr. Lloyd: Yes sir.
Father Gibson: Right--- and one thing Gibson has a reputation of - Gibson is known
not to lie. I tell the truth even on meat. And Mr. Andrews, what I am implying is the
only way you can really, feally, tickle my imagination, Mr. Mayor and members of the
Commission is we need tog v this woman a staff, let's forget the woman. We need to give
somebody who is in charge of Affirmative Action an adequate staff, with a citizen's board
whether it is 5, 10, I don't care nothing about the number, But I don't think I can
afford to ask the same people who got us where we are to get me out of what I'm in. Do
you understand Mr. Andrews?
Mr, Andrews; Yes I understand.
Father Gibson: Ok,
Ms, Anne Nicol; Another thing I might say is that -- and I feel sought of like
Mike Carter, only I don't have the Sergeant's spot to go back too, I serve at the will
of the Manager. I find it very difficult and this is a personal thing and I probably
shouldn't say it, but I feel strongly enough about it that I am not advocating things
that I personally have thought up or that I want to enflict upon people. I have a job to
do which is mandated by the federal government and it's not pleasing, It's very difficult
to deal with persons who have been in the administration in the city for years and the
attitudes are; we've always done it this way, we've never done it that way, we've tried
it once before, In other words, sir I'm gntng to be stepping on toes, I don't plan to
step on tggSt but I think I'm smart enough to realize that I'm not going to Please 411 af
a wb
JUL 3 0 1970
the people all of the tithe and I at in a rather precarious position and I want it
to be perfectly clear that 1 realise that and as I'm saying this now, I think it's
an Indication of the fact that I'm not really afraid of stepping on people's toes,
but 1 watt people to know the constraints and perimeters under which 1 work.
Mayor Verret Anne if you are, you're it the wrong job. And this is hot LL:e
kind of a job where you can go around being concerned about whose toes you ate going
to step on, you're got to tell it like it is and 1 want to tell you, I've been here
for several years now and 1 happen to believe it Paul Andrews and. if he makes mistakes
they are net malice mistakes and I am absolutely and positively and sure that knowingly
he would not do sotething which in the fltst place to do it he'd be stupid.
Ms. Anne Nitta! 1 don't mean to imply ctiticiet of anyone. I want to get tie cleat
of that -��
Mayor Terre: But the implementatiottsare -- you said it. 1 don't have a sergeant's
job to go back and all that stuff
Ms. Anne Nicol: tea= 1 could be terminated at any time.
Mayor Ferre: The implementation of that is that you are fearful of your job for speak-
ing out and 1 think that's a very, very erroneous thing to do unless you have absolute;
In other words, what you got to do is, you got to tell it like it is without fear.
Ms. Anne Nicol: I have been.
Mayor Ferre: Well then, don't imply that you may lose your job by implicating that
you don't have a sergeant's job to go to on this thing. Because if you are afraid of your
job, then that's the worst possible recommendation of performance.
Ms. Anne Nicol: I am not at all. I knew when I mean I have no contract and I'm
an exempt employee, so I knew that before I got into it, but I want people to be aware of
the fact that these are the constraints that I work under.
Mayor. Ferre: I don't understand.
Father Gibson: I think the lady has a valid position and I can't -- you can't believe
I'm joining you. Ok, ok you know what Mr. Mayor, I think that the Commission needs to take
the position right now that the person who holds such a position is hired by the City Fathers
not by the Administration. At that point, by the City Fathers and the City Mother, ok?
All right, at that point then the person that's responsibile to the Commission and not to
the Manager. Let me tell you what this lady has a valid position. I don't care who says to
the contrary and Mr. Manager, I love you, I respect you. I'm sure you have integrity but
you know what, I want to follow the German philosophy, the means to do evil makes evil deeds
to be done. I want to free her of that means. I want to take her out of the rim where she
has too -- you see Mr. Mayor, so therefore we've got to get the basic concept today. And
the basic concept is she is charged with the responsibility armed with the right from this
Commission because she is our eyes when we are not there, she's our ears when we are not there,
and she's our hands when we are not there. Then what happens is she is not subject at that
point, but if you keep on the way she's going, she's in trouble.
Mayor Ferre: All right, in other words what you are talking about is point #17 in Mr.
Lauredo's list. Now later on I think we are going to go right down the line on these
recommended changes but before we get to you and before we let you finish Commissioner Reboso
has something --
Commissioner Reboso: How many coordinators do the Affirmative Action Plan has in the
City of Miami?
Ms, Anne Nicol; I think we've got a confusion of terms here.
Action Coordinator in the City. That's my working title. There is one Affirmative Action
Officer in each of the City Departments.
I'm the only Affirmative
Commissioner Reboso; How many?
Ms. Anne Nicol: Seventeen (17),
Commissioner Reboso; How many of them are Black and how many are Latins?
Ms. Anne Nicol; There are two Blacks, they are both
to my knowledge there are no Latins, There was one other Black, George Kno?;, but he's
terminated from the city,
Mayor Ferro; Bow many women?
36
from the Fire Department and
%JUL 3 01975
Ms. Anne Nicol: Two.
Mayor Petrel. Out of the ,seventeen. Two k1otholl and two I11(ll'ks, Who :4clo tall t hem
Ms. Anne Nicol: The department heads sit.
Mayor tette: The department heads selected these people. Now, I'tn riot saying that
the department heads ate part of the problem, but if they were the foxs. Isn't that like
putting the fox it charge of the thickest coup?
Ms. Atitte Nicol: I'm sorry there are three fetuales.
Commissioner Rebosot Mt. Mayor, according to the statistics that this yesterday,
the Miatti Herald. It's close to 2,000 employees of the City of Miami between Blacks and
Latins. It's almost 50% and how come we only have only two Blacks and no Latins it this
Affirmative Action Plan?
Ms. Anne Nicola One of the problems was specified that the department affirmative
action officer be a rather high ranking within the structure of that department and as
the community relations report that was made in January or February of this year repotted
there are very few females Blacks or Latins in the higher administrative and policy making
position within the city. The two Blacks from the Fire Department are the highest rattking
Blacks in the Fire Department , well I'm sorry one of them is a fire lieii*rinant and as I
understand it that's the highest rank that a Black has attained in the Fire . dirtment. So,
although this particular person does not have the actual rank. He has been given the authority
and the responsibility by the department head, which is as much as he can do under
particular constraints.
Father Gibson: Let me ask a question Mr. Mayor, I don't think I heard right. You
said you have two Blacks on the Affirmative Action committee:
Ms. Anne Nicol: There were three but George Knox terminated his employment with the
city, so now there are two and they are both from the Fire Department.
Father Gibson All right. I was going to get to this -- and both are from the Fire
Department?
Ms. Anne Nicol: Yes sir. The Fire Department is the only department which has two
department Affirmative Action Officers and the reason for that is that the Fire Department
works twenty-four hours shifts. Twenty-four on, forty-eight hours off. And in order to
assure that there would be someone available at all times, they have two. I must say on
their behalf that both of these gentlemen have attended all of my meetings and they have
attended them for the most part on their own time they were not on duty when they did
attend these meetings.
Father Gibson: Well let me go further. Two Blacks on the committee both from the
Fire Department. Do we have any other department? I didn't want to say that, I
wanted to be polite. What the Fire Department and which means Mr. Mayor something that
you mentioned further that Mr. Knox called to our attention. The Fire Department wanted
to make sure that they were doing the right thing so that --- they didn't say one person
but -they wanted somebody there twenty-four hours. So what they did is they put an alternate,
ok, so that's the spirit of the law, ok. Now, let me go to the other part of the thing.''
We only have Blacks hn the Fire Department, you know I think the Fire Department is about
the last outfit to take on Black folk, isn't that right, just about that way? Where is
that Fire Chief. The last department to take on Black folk, isn't that right Chief? Oh
yea---- don't forget now I was born and reared here. I was born and reared in this town
and I been back here 30 years come October 1.' So that when you fellows play this tune to
me. Remember I know the tune by hard, ok? Now, let me go further. You say, you only have
really one, but two alternate, ok. And that's from the Fire Department?
Ms. Anne Nicol: Yes sir,
Father Gibson: Blacks aren't in any other department?
Ms, Anne Nicol: Yes sir.
Father Gibson Oh- all right,
Mayor Ferre; Let me ask you this, you know, the obvious question, Ms. Nicol? When
saw this, didn't you go see the Manager?
Ms, Anne Kea: I spoke with Mr, Parades who is my immediate supervisor,
you
37
JUL 3 01975
Mayor Perte Where is Mr, Parades?
did you go and tell hits;look, I think we ought to have at least two Latins, that we ought
to have three Mote woven, other necks in this?''
Mt, Parades: Yes, another Ching that we did when t5e discussed thip that the were
going to select also another group of people Composed of elty employees that ould be
minority groups _ working throughout city government because of the people that were
selected in first go around. See the first ones were appointed by the department heads to
really work from the point of view but administrative frattte work within each department,
The seet nd group that We were trying to get at would be the ones, you 'tnow, the minority
membets that could really give us some input as to the -_-_ either problems of receptions
that they had either Wotking for the city of the --- if you want to say problems that they
had getting employment tc th the city it: each department
Mayor Ferret Have you done that?
Mt. Parades: No not yet,
Mayor Perre: When are you going to do it?
Mr. Andrews: Mr. Mayor, once again we can ahead and take all these steps but we were
hoping that the City Commission would begin implementing some of these policy proposals
that are put before you.
Mayor Terre: Who's putting them before us Mr. Andrews?
Mr. Andrews: I hope we are and the public.
Mayor Ferre: Well--- I'm a defender of the administration and that's sincere, but
I want to tell you now what I've seen from the administration is this document reversed.
I haven't seen anything that tells us that we are going to put in minority groups from
departments. That may be going on, I don't know anything about that. This is the first
time I've heard about this. I haven't seen any recommendations as to committees. I haven't
seen any recommendations on any of these things. Now, they ere beginning to come out. But
do you know who they are coming from Dorsett,is that his name Mr. Dorsett, Mr. Lauredo,
you know. That's what I'm hoping that we are going to be getting, but with all due respects
I haven't seen any of that stuff come up from the administration.
Mr. Andrews: Mr. Mayor we told you and told the commission repeatedly that we were
formulating a plan that that plan depended upon the City Commission adopting a policy which
not in our intention ----
Mayor Ferre: Eut the policy depends on these things. In other words, you are telling
me look-- there's no way we are going to have a chicken until you lay the egg and I keep
telling you well look there's no way we are going to have eggs until you provide the chicken.
So you are telling me that we have to set the policy and I'm telling you that we around
here are just not knowledgeable enough on procedures and process that - the reason why
we are doing this is because Ae want the input of interested parties who come up with imagin-
ative ideas and I hope among"ifs the administration. Where are they, where is the list of
recommendations for policy procedures, where is the hard list? I am not talking about that
document that says we are against discrimination and we are against discrimination and there
shouldn't be any discrimination. Each department shouldn't be against discriminiation.
Because that's what that document says. That document says the City of Miami is against
discrimination. The Police Department is against discrimination. The Fire Department is
against discrimination, Everybody is against discrimination, Now, against sex, color,
creed, nation origin, etc. But you know, that's the philosophy of it. Where is the hard
meat? That's what I'm asking.
Father Gibson: Mr. Mayor, let me ask two questions? I'm sure they wouldn't like them
after I ask this. The reason I asked about departments you know, is there a Sanitation
Department is there sucha thing as that?
Ms. Anne Nicol; Yes sir,
Father Gibson: I think you would concede about 60, 70, 80, 90% of the people in
the Sanitation Department are Black.
Ms. Anne Nicol: The majority of the workers are,
Father Gibson; Well, no-- the 60,70,80,90% of the people - - where is Mr, Jones,
isn't that about right? 72% in the Sanitation Department are slack people,
Mayor Ferre;------ has some documents , why don't you tack them upon the wall
here and then we can refer to them?
38
JUL 3 0 7
Father Gibson: Ali tight, let tie make this point here Mr, Mayor. Chief, the
Fire Chief, how many blacks ate it the fire department? 8 fire fighters. 14ow Many
other than Black? 690 other than Slacks and only 8 Slacks and the 8 have -- 2, They
went all overboard to make titre that Biacka was on that Committee. Ok, that's #11
Inns Mr, Andrews I think this is a fait question. The way I get all the w- d -is and
the vestry members, Vestry, intidentialiy is the board in our church, t'tn ar 4 s :,r-}r-
paiian, The way usually of the director of the church does is it he wants to
t et an example that vestry tethers ought to go and speak to the people who tome to
ehurth. *towing he is the professional hand shaker, he stattt out himself by shaking
hands and sayiftg to everybody. "thy good tnortting, how ate you?" "We are glad to have
you in church this morning", that's the way we do it. Ok. Mr. Andrews, r:ittce Affirmative
Action thing was going and you knew this was toting or since we have been getting that
10 tniliiett plus dollars, how many people have you added to your staff?
Mt. Andrews: Over what period of time?
Father Gibson: Say, within the last how long have you been Manager?
Mr, Andrews: It will be two years next month,
Father Gibson: How many people have you added in two years?
Mr. Andrews: I think about 6,
Father Gibson: Six, (6). Any of those were Blacks?
Mr. Andrews: Sotne,
Father Gibson: Look, ok, how many decision making people have you hired in the
two years?
Mr. Andrews: Three,
Father Gibson: Three, any Blacks? Any Latins? Any women?
Mr. Andrews: No. No. other than Ms. Nicol, no.
Father Gibson: Let's just deal with those three. She doesn't make no decision Man.
Isn't that right? Honey, you just said that a few minutes ago. You carry out instructions.
Ok? All I'm saying is you know, sometimes the proof of the pudding Mr. Harris-- ok, he
doesn't have to be here, the record will reflect --- he didn't know these words, the proof
of the pudding is in the eating. And there is nothing like setting an example. I've said
to you and you remember and apply with conversation you, the Mayor, and I had, it's import-
ant that some --- it's important that you send the word down. One of the ways to send the
word down is what you do yourself. Then you put all of the department heads on guard, you
know, I really mean business. Certainly, if you didn't want to hire a black I could under-
stand that. I shouldn't but I could. But you could of found a white woman and there are
some qualifed whites. Now maybe there aren't qualified Blacks because they haven't been
tried and you know they haven't been visable.. I understand how that goes too, but the
point that I'm making is - no Blacks, Latins, women. I'm sure you couldn't tell me you,
couldn't find no qualified latin. No, no, nobody couldn't tell me that. Now, I'm not a
Latin. I don't even speak Spanish, but I get around amongst them. And all I'm saying is
my brother, what Brother Knox said to us this morning, "the Mayor is correct, is the most
significant statement made here all day", We could stay here until midnight and nothing
is going to equal that satement, nothing, And I charge the Manager as an individual, as
a Commissioner speaking to the Manager, like men. You know, what I do speak so
loud you can't hear what I say. See, unless you do it Mr. Manager, I venture to say those
other heads find it hard as hell to do it, Mr. Knox said, the agency may not -- the agency
isn't anxious to change, so somebody got to be knocking on the door. And note, I'►n going
to give you the two years, you said you hired three decision makers. You knew we were in
this bind, I'm sure you knew that long before you took the job, isn't that true?
Mr,Andrews; I recognized that we were headed toward a program of more and more
minorities, yes,
Father Gibson; Right; Right, so Mr, Andrews all I'm saying is the hour is late,
time is far spent and in my business we say, let us get about the work of darkness and put
on the armour of light,
Mr, Andrews; I also, follow the policy that the Commission strongly favouredandit
was one I believed that I received appointment ny the City Manager, which you yourself
espoused and that was to look first within your own organization for appointments,
Father Gibson; You know what you are telling the, You Pee, that's what Mr, Knox just
►l
JUL 3 0 1975
warned us of earlier. You see, now Mr. Manager 1 didn't want to say this, trot Allen
we pay thousands of dollars for the toot Allen report. You retnetnber that? Remember
what hoot Allen told us, do you?
Mr. Andrews: Well /It tot sure what area you ate referring too?
Father Gibson: Arm you know what boot Allen said. Man look you know ti. book
better than 1 could hope to think, but I retnetnber a couple of things. The} at, pointed
in the direction. You rernetber how we fought up here, nobody wanted to pursue report,
do you refethber that? toot Allen said to us some things, do you remember that?
Mr. Andrews: Yes sit.
father Gibson: And we haven't touched them.
Mayor Ferret All right, the hout is late in more than one sense. Is there anything
else you want to add.
Ms. Anne Nicol: ,lust that I'd be available for any technical assistance or resource
for the rest of the meeting. Any specific questions you'd like to direct to me?
Mayor Ferret We'll be back to you on specifics, all right. Ms. Francine Thomas,
for the record your address.
Ms. Francine Thomas: Mt. Mayor, Commissioners, City Manager, my col'"`nvue and friend
Anne Nicol, who has just come off the hot seat, I would like to say that as au kffirmative
Action Officer who went into an institution based on people'sfaith in what they thought I
could do I must say that my experience has been enlightening. I
have to also say that the way we went about '.ffiemative Actiou is quite different from the
way that things have been going about here. As an institution of higher learning we were
all required to implement an Affirmative Action Program. F.I.U. spent a year looking for
the person they wanted to hold that job. They had a great deal of cotanunity input and part-
icipation in the selection of that individual, yours truly. I have to say that one of the
things that I hear as I listen is that we are not dealing with the fact that the Affirmative
Action Officer is in effect and internal prod that keeps you straight. You are paying that
person to keep you from getting in trouble with the federal government. As I put it that
way, that is really what the job has to boil down too. In order to do th%t, as I came to
the University, there was no Affirmative Action Plan. The first thing that I did wasto
learn what were the things the federal government had sent down saying these are the guide-
lines. Those guidelines are included in executive order, 11246, as amended by 11375. I
began implementing Affirmative Action based on the federal guideline. The Affirmative Action
Officer in a sense has two bosses almost. The fed's and the agency that hired that person.
Because if that person fails to keep the agency aware of the federal requirements, they are
derelict in their responsibilities. In my own organization I have a dual reporting structure.
I report to the Vice President of Economic Affairs for my budgetary beings, like if I want
additional budget. Let me explain that a little bit more, because as an Affirmative Action
Officer, I am the head of my division, I'm about the only one in it, but I'm the head of it.
Mayor Ferre: Do you have a secretary?
Ms. Francine Thomas: I have a full time secretary and two student assistants that
work with me.
Mayor Ferre: Is the --- excuse me for interrupting you, but is F.I.U. larger than
the City of Miami?
Ms. Francine Thomas: In terms of student body it's not, but it's very large. We
deal with about -- I have about 1500 hundred employees at the university.
Mayor Ferre: I just want to compare the size.
Ms. Francine Thomas; We have 1500 hundred employees,
Mayor Ferre: We have 4000,
Ms, Francine Thomas; Yea, you're a bit, just a bit larger. 0k, you wanted to ask ---
As I said, I have a dual reporting structure. I report to the Vice President of Economic
Affairs on everyday Money matters, but on issues that relate to Affirmative Action that
the University must move on, I report directly to the President, I aprize him of our status
of what needs to be done, of where We are, We work, we sit in a meeting, I go into the
present executive meeting and we sit and we talk about what our actions are going to be,
I do not see myself even as an affirmative action officer as ready a decision maker, I
have to clear that up, The affirmative action officer points to the direction decisions
should be made in. That person nags you to death until you make that decision,, I think
that one of the reasons that they are not decision makers or that I am not One i$ that at
40
%WI 1975
f
an econottic institution you have so many different kinds of depatttnent heads in Boston,
everybody is afraid of you You serve ftotb their toil and their power and their position,
but the one thing that .happens is that there is support froth the top a dtninisttatiotr when
the office has to deal with aft issue and to get dote into it. As I was saying that, the
affirmative action ofticet is an internal prod and they Will not necessarily be loved by
the cotton titan or the persons on the litre. You will find as an affirfnati- #-f'oh Officer
that you will find Blacks who think you ate too Latin. Latin's who think : ou ae too
Black. Women who feel you ate sexist. You find that if you ate doing yo?tt job, you'll
find that you get a l`ot of this kind of triticistsr, the adttinistration wilt say that you
are being too bossy and too pushy and all these kind of things ate there, but you've got
to have the -4 say)the ability to stand up and deal With that, betause you know what you
ate dealing with, you know where you ate coming ftor and you realize that even though they
kick and scream, that there's a need for this action to take place. I will give you an
example of job security. My first case at the university was a grievance issues I brought
sly three Black employees in which I had to ==gym in order to investigate the case, I spent
maybe three months investigating that one case and in the results of that case, 1 found
that the tan that I reported to, my immediate superior Was guilty of some things he should -
nit have been guilty of .and I had to write that up in my report and I apprized him of this
fact that he would be itt the report and under the conditions that's he'd appeared. And
his reaction and I bust say that I could appreciate it. He said, well Francine, if that's
the way you see, that's the way you got to call it. Dr. Jerome, my immediate superior.
He's no longer at the University, but he did say if that's what it is well --_- I'm sorry
those two things don't go together. But I must say that even then- Dr. Jerome is my immed-
iate superior- we argued daily, we ran into each other all the time, but I had enough
security in the administrationsdesire for this program to believe that hce,, „i are expected
to deal with this in this manner and I consider myself a sensitizer. I sensiti.e '41e adinin-
istration to the perception gaps that exist . I point out the areas where there are sins
of ommission and sins of commission, so that we can deal with it. I find that as we go
into affirmative action Many department heads perccive it as a second class citizen, some-
thing they really don't have to do or they do whet they finish with everything else. When
they we get through with this we'll do affirmative action (they say), well now we've got
it to the University where we do affirmative action first. We are working on it in that
manner. If Icall a meeting, or if t say I need to see certain department heads, I get to
see those department heads and it's not because I'm such an old girl or mean or bad or
I'm terrible or tough, but it's because we have dealt with issues. We've tried to leave
personalities out and we've dealt with the issue. The moral implementation of the law. The
spirit of the law, because we can adhere to the letter of the law and circumvent the spirit
of the law very easily. So therefore, we deal with some of the moral and spiritual implem-
entations in affirmative action. We find that in many cases middle management are the people
who sometimes become bottlenecks for two reasons. As Anne indicated, one because we've
always done it this way and I've been head of this department for 20 years and you are not
going to tell me how to change it, that's one. The other is that they aren't sure that
top management means business when they say do what they are asking them to do. So there-
fore they give them a test run and they say, Mr. Manager you know, this affirmative action
plan is going to make us do so- and -so and "I don't think you mean for them to do that.
And if the Manager is not sharp--- and Mr. Andrews you know I'm not talking about you, but
I mean if the Manager is not sharp, sometimes he can formthat trap of saying, yea, you
know that is kind of strange, instead - what he has to say, well wait, we'll work on this,
but I expect you to meet your goals, you are not being released from meeting your goals
because of this and this has to be said over and over again to every department head that
brings you that kind of reasoning to get around dealing with the affirmative action issue.
Another thing that you have to do when you hire a new affirmative action officer is realize
that it takes time. Because of that case that I dealt with. I got into the university
working rather rapidly, because I had to deal with a great number of people, but it took
me about ten months to really get where I could deal with the problem effectively. It's
not something you can do overnight, Even though you have to move rapidly, but if you are
going to do a quality plan, a plan that really has input and participation, you can't do
it overnight. To make you understand where I'm coming from, This is my third year. I'm
entering my third year as affirmative action officer at F.I.U. In that year, we have com-
pleted our interim affirmative action plan. The interim plan which I wrote, that is not
a good plan for any entity to operate on. One that is written by the officer. The plan
should be one that you have total organizational input into and participation in the creat-
ion of that plan, Because they are going to be held for results on that plan and L'm say-
ing this because 1 believe it . I believe unless you have some input you can devise that
input in any manner you see fit, but there has to be a time for that, Your affirmative'
action officer has to have an opportunity to become knowledgeable about the law, Because
laws in affirmative action change rather rapidly, The court cases indicate a new law or
a new change and you have to be aware of that, You gain this awareness through attending
the seminars and workshops that are held across the county,
Mayor Ferre; Francine, in other words, what you are saying is that you can lead a
horse to water, but you can't make him drink, And it's a question that we got to get to
the point where the horse has to drink some Water, Now our problem is different from yours,
Because we don't have a parrot system, Do you know what our carrot is,it's a two, -by -tour
called the justice department,
Ms. Francine Thottlast De you know what you have to do it your decision? 1 think
tine of the things you'll have to do is tie your evaluation of your department bend::: to
the ttteetitig of the affirmative action goal.
Mayor Ferret You are not talking about a point system, are you?
Ms. Francine thoitias: 1 at saying that the may if affirmative action is a part of
administration theft that -- it should be evaluated on how well they are itaplehentetl into
their system,
Father 'Gibson: fir. Mayor, 1 don't want to cut you off, but 1 don't want to let you
get atoay with it. You could lead a horse to a well, but you can't make him drink. The
fortttet bishop of North Carolina, the late Bishop peneck told a group of clergymen this,
he said (you know he was a country boy, a fart boy up in North Carolina) a lot of you
go up there to stay during the summer tithe when it's cool. You know up in the mountains
Bose, right. Olt. It was during the depression days, the clerymen were complaining to the
Bishop. Said, tishop, you know you could take a horse to the well, but you can't make
hit drink. The Bishop responsed in this fashion, 1 don't want you to forget this, well,
if you give that horse enough salt, it will be glad to get that water. Mr. Mayor, 1 hope
you heard that. If you give horse -a--- The Bishop responsed in this fashion, he
said gentlemen if you give that horse enough salt (you know,salt makes you want water)
he said he'll be glad to drink. Don't forget that.
Ms. Francine Thomas: A very good point. The other thing is - as I a • saying that,
if you make affirmative action as important as it ought to be in your departwel,L . •,d in
your assisting, then your department heads are going to feel some need to respond to it
because if you tie your raises and your evaluation to part of this being part of their
responsibilty, being this too, then I think will be a pair. of the salt you are talking
about, You'll get some response on that. Now, before a person is hired at F.I.U. they
go through a review of the procedures they'd done to bring a person aboard. Like what was
the applicant's pool from which this person was elected. How many minorities are on the
search committee that brought this person to the head? In other words, we do a audittrial
onan applicant that comes up for a position. So that we know whether we are implementing
affirmative action procedures. Now it's taking us a while to get the process operating.Now
we are on the result end of the process. We want to question departments and see you know
your department hired 20 people last year and of those 20 only 2 were Black and one was a
woman. Who is making your departmental hiring decision, what kinds of applicants did you
receive, do you know how to contack other applicants, minority, and female applicants? We
have access to you, we have some people you can contact, we have some sources that tan offer you some people to contact to get these people you want to bring aboard and you have to
broaden your applicant pool when you don't get it from one source. I want to go deal with
one thing that the Manager mentioned and that is to promote from within philosophy. I think
that promoting from within is a valid very good philosophy. But if you don't have a signif-
icant base of minorities in that base from the beginning, then you are going to be promoting
the same people who are already there within benefit of including other members of the dever-
se population. So therefore there are times when it's necessary, to go outside that pool
of persons who are there. If you don't have a base to choose from. If you going to promote
to a position and all the people in your department are all white males, then you are going
to be making a decision that is somewhat discriminatory. In spite of the fact they are all
there, Now, I know that made some people's hair stand up on the back of their necks, but I
think if you look at the logic of it. Blacks and women will never be in upper echelon
positions, nor Latins, or Puerto Rican, or Haitiens or anybody else in the work force. If
we wait from a within policy, because they are so far down the totem pole that they can
never move up to those position slots as they become available. So promoting from within
policy is good after you establish your base, but you have to have a base in which to make
that decision, As I was saying I have to say I have to say that I'm in just about the
same shape Anne is in , in reference to staff. I have a full time secretary and as.I said
these student assistants, but I have a smaller unit to deal with and fewer departments and
--- but you do need adequate staff in which to carry out what you have to do, One of the
things about your statistics. As you do your statistics, your statistics should be broken
down so that you have you don't, put everybody in minority and say we have 10% minority
and that means Latins, Blacks, Women and everybody else. Your statistics should deflect the
Black population, the Latin population, the Women. When I say population, I don't mean
population, I mean the work force, the people who are available in the work force,
Mayor Ferre: We have it that way,
Ms. Francine Thomas; All right. So that you have a clear delineation of what
percentage you have of each one so that you don't coming up, All I can say
is that one thing that has to happen is that affirmative action in order to be effected
has to be a philosophy is one that is the higher, the upper level department people believe
in, it can't be something that only your affirmative action officer believes in and you
are sitting there saying why haven't you done better? It's not her plan, it's the Pity
plan and the city and the people that's in it have to decide that we want her to do these
42
JUL 3 01975
things, we want het to do those things. Thank you and Pm sotry 1 took so moth time
Mayor Ferret Well, it was well worth waiting for your comments, is there anybody
else wants to Speak on this subject? took* it's now almost fcut, we've got to get down..
we've got '0 get away from the philosophy talk and we've got to get down to tl-m implement.,
alit% of some basic things SO., —
Mal Francine Thomas: Ohi-- I want to mention your task force, your advisory task
forte. You were asking het about the number and about the choice and about the participation
uhati.ihave you. It seems to the that if affirmative action is the concern of minority and
women that that person within each department could be elected ftom some of those employees
Wtio ate within that rank* that they bay have at optical it having some decision making on
who's speaking for them from that departtett and to take that person an uppet echelon
person it might be feasible to elevate the person elected to an upper echelon position.
That tight solve some of the problems. Exempt position of course.
Mt, Hank Thompson: t'm the Affirmative Action Officer for Miami -Dade Community
College. incidentally, Miami -Dade CoMmutity College has one of the accepted'affirmative
action plats, the only comMunity college in the entire county which we do have our plan
ateepted. I been with the community college 91 years as the Affirtative Action Officer.
I've made trips to Washington, Atlanta, and auy other place they've had conferences and
setttinars concerning the Affirmative Action. I'd like to point out that Affirtative Action
is not a democracy type of a program. Affirmative Action is a quasi dictatorship* you
tell people what you want done and you will reflect this in your plan its-lf. I've heard
about 17 different groups helping to write a plan(nonsense). You are going L, ,-e 17
departments writing a plan. These 17 departments have gotten you into trouble now and
you are going to turn right around and then tell these guys to write the plan for you
(nonsense). One thing I would like to say i tL.:t the affirmative action officer should
be placed under the chief administrative agency, that is the Mayor's office, not the Manager's
office, because whenever you want - you say to do something, you want the Mayor and the
Commission backing you up. This should be done strictly from the top nd not any interim
people who have come up and give the people who are charged with running the city.
Mayor Ferre: Excuse me for interrupting you, but I question with the statement you
just made. If you know how the distinction in this city between the Commission and Manager
- you know the -division line, you know that the Mayor and the Commission is not the head of
the administration, so the president of this corporation-- right over there.
Mr. Hank Thompson: Thank you for correction. Another point I would like to make that
the base document, the federal document which would advise you precisely on how to draw an
affirmative action plan as Title XLI of the federal regulations, C.F.R. Title XLI, part
60.1.1.2.3 will definite set out all of the guidelines on specifically how to draw up an
affirmative action plan. The first thing one would do to approach drawing up the plan would
be first of all to make the analysis, the analysis of the work force inside of theagency
itself, the over-all agency. Then you would make the analysis in the relevant work force
around the agency. Once this is done then you could make the interpolation between the two
and so where the employer falls down. Now once you have spotted your deficiencies. This
is where you then begin to write your plan. The plan is written around one's deficiencies
and how you will correct these deficiencies, I do not see any deficiencies enumerated in the
plan here, your deficiencies should run from a top to a bottom and it should be set up so
that you can possibly make a projection in the future. Our plan was accepted at Miami -Dade
Community College back in April 1970, since that time there has been one change in Title
XLI, Title XLI originally did not have the analysis part put to it. Since 1972 Title XLI
does require that one link in analysis, so if your affirmative action officer would get a
copy of Title XLI part 60.1, it will set out definitely how to go about making your analysis
and who should necessarily be consulted or how it should be done. These are the few items
which I have noted. I didn't come here to try and criticize the plan,but I thought I would
probably through -out the analysis part in there in Title XLI which could possibly be a great
help to you. Thank you.
Mayor Ferre: All right. Thank you very much, Who is the next speaker?
Mr, Javier Bray, Then Mr. Hall and this gentlemen over here,
Mr, Javier Bray: I don't want to repeat the things that were said here before either
by S.A,L,A,O, or except that I want to refer to what other people have said and support it.
I don't want to be called a philosopher again, so I'll be very specific,
Mayor Ferre; Ok please, because I think it's now 4:00 o'clock and we've got to get to
the nitty gritty of this thing,
Mr, Javier Bray: Ok and the Affirmative Action Plan that yen have received from the
Affirmative Action Officer, There is a beginning of the step is tp get that profile ont
and it isn't for next MondsY; that Profile should of been out already weeks ago in order tp
be able to talk today in the basis of faetual knowledge that I think that this is something
4:3
JUL 3 0 1975
that is very important for everybody to have end not only to release it to the media
but 1 think that Dade County at least is trying to do something with respect to this
1 don't know how effectively, but the profile of the work force is re1easod and supposed
to put in the public library/o that people, individual eitizetts or organisations vino are
interested ift making aninput in it tan go an consult and see what thange h. •e taken
place from one reporting period to the neat. but this is the beginning if we dre going
to deal on facts and 1 would like to following the recom endatiotts made by Mr. Ktox,please
put out very objective data, don't be overly defensive because if we ate overly defensive
we'll never going to be able to solve the problem and by this 1 bean don't tnix up the
figures of the Civil Service and exempt and Manpower because then you really begin to blow
it out of proportions. 1 had taketi the trouble of taking this work force profile taking
out at least in the general one the Manpower figures that would totally distort the so-
called very major progress that the city has trade and the basis of Manpower hiring which
is for a very different purpose. So dott't mix them up. Another recotttt►endation that comes
out from what I have heard here this afternoon. You have to involve decision makers in
the process of drawing an affirmative action plan, but you also have to train them. You
have to provide for a training program, not only of affirmative action officers that have
to keep on catching up with the changes of the law, but those who are supposed to be ittp-
lettenting affirmative action plans in their own department. In other words, this Mr. Mayor,
I think I told you several months ago that one of the main things chat an affirmative
action program would require is training of the people who are going to be involved in it.
Namely, because of the things that we have heard here so often. This is the way we always
did it, why change? Well, changes are difficults things to implement and one has to learn
about it,has to be trained about it. And I think that this is a very de, 1;ri.ve component
that needs to be added to the affirmative action plan as drawn by the City ui - and If
you need people who knows something about affirmative action. I think that Francine Thomas
and the gentlemen that just proceded me could very well put up a seminar, a university credit
and everything so that people get properly trained in procedures and then they can proceed
and determine the goals and timetables for each department. But I think that one of the
questions that I was looking at - this afternoon for people to tell me where are all these
reports in affirmative action progress going to go? To the City Commission, only to the
City Manager, is it going to be released periodically to the media so that we are not operat-
ing in a total vacuum but that we are operating on the basis of knowledge and what changes
are taking place. Then establish a citizen's monitoring system, an advisory board with
teeth, not necessarily just with an advisory capacity of going along with what the administ-
ration is proposing to do, but actually that can really go after the departments that are
not meeting the goals and make it like Francine Thomas has just said "part of the old eval-
uation process and departments that don't come up with the performance. We will have to
deal with that as a breech or a violation of city policy and the law. And I think that
another question that really we will have to address very carefully is that how we are going
to amend whatever rules and regulations of Civil Service to be able to comply with this
affirmative action plan and with what the law mandates. I don't think that we can really
beat it around the bush much longer. I think that we have to comply with the law. I think
the we should even welcome the assistance if I may put it "the the justice department is
going to provide--- at least providing some very definitive guidelines that will have to
be followed". Let's don't be afraid of complying with the law, because I think that this
is for the good of the city and for the good of this community. Finally, in accordance or
pursuant to the principal of sunshine law I think that all these things ought to really be
aired through the public media and through this kind of public meeting. And even called
some kind of special meeting so that people are better informed about what affirmative action `I
is because Mr. Mayor, one of the things that I'm more afraid of is that some of the things
that have been said, even in this meeting today and the emphasis and in seriousness and
spreading false information about what affirmative action is all about. And I think that
is what we really have to address ourselves in releasing all information through the media
and through the organizations and minority and women's organization so that this information
is really digested and people can defend it on the basis of knowledge.
Mayor Ferre: All right, thank you very much Mr. Bray.
Mr. Charles Hall: Well, your honor I'll try to be very brief for the record. I am
here as a representative of the International Association of Fire Fighters, I felt somewhat
compelled after what was said about the Fire Department and some of the statistics and
attempted to defend the Fire Department, but I'm not really sure we really need any defense
but I would like to go back just a little bit to remind the Commission that the Fire Fighters
themselves develop their own affirmative action program. Before the city developed any
program, we used our own staff and got money from the labor department and we came in and
we tried to make some changes, These changes are in the process of coming about now. As
my understanding if the figures are correct, that there are some 1.00 minorities that are
on the list for the Fire Department now who were not previously on that list and 1. think
this is a sgnificent gain in the right direction. We'd like to see this program continue
and we'd like to see if there is going to be any kind of consent decree that it not paint
with such a broad brush that it destroys the work that we've already done and we have to
start over again. Now, I'm afraid that's what is going to happen,
44
JIL30197
Mayor Ferret I hope not.
Mr. Charles tall: Veil, lift concerted about it at d one of the things that I think
has to be recogni.ed by arty kfttd of goals that set by arty kind of of f irttat ive aetion
program that it has to be cottsistent with the attrition tate of the city lnc nobody said
anything or very little about the rights of those employees that ate ptesettt , , employed.
And it's obvious that this happened it terms of the consent decree entered li, ,o ill regards
to the polite Department and if that kind of situation happens again and I believe that's
part of the reason you ate having the problem with the justice depattment today is that
you're actually agreed the goals that were untealisttc attd unattainable and the city has
themselves in a position of being in a bad faith position with the court because they can't
live up to sottiething they agreed to do and I would hope that that same situation doesn't
develop in terms of what we ate trying to do here today. That if there is going to be a
consent decree that it involves everybody including those people who ate presently employed.
Nov, I haven't seen the affirmative action program not has it beet circulated to the employ'-
ees, They are unaware of it and I can assure you that marry of them feel threatened by it.
And the only reaction you are going to get froth people presently employed is a negative
reaction,unless they are Involved in the decision taking process that's going to affect
their future as employees of this city. 1 would hope that any action the city takes does
involve employee organizations and I have to tell you this that if it doesn't involve the
employee organizations then it certainly will be a matter to be determined through the courts.
Because we want to cooperate, we have cooperated. We developed programs prior to the city
developing any programs. Incidentally, we took our programs to the County and they refused
to cooperate with us when they didn't even have a program of their own. we've used this
same program nationally with great success. As you know the program was fuLiat the Labor
Department and has been funded again for another funding period and we will be working
throughout the United States to create the same affirmative action programs to overcome the
situation that you see explained by that cLaLL. But I think you have to recognize that the
minority make-up of this community change so rapidly in such a short period of time that
alb
Mayor Ferre: You are talking about the Latins not the Blacks.
Mr. Charles Hall: Well Latins, primarily, that's right but it affected in terms of
the overall definition of minority. It affected the make-up and that's absolutely true
and nothing was done for a number of years and when something began to be done it was in
affect too little too late compounded by the change in the make-up in the community. So
whatever quotas or whatever other consent decree is adopted should be consistent with the
attrition rate of the city. Now, I want to point out two other things, if the city adopts
goals that are in access of the attrition rate then they need to make some hard decisions
as to where those vacancies are going to come from. Is it going to be accelerated retire-
ment?
Mayor Ferre: Now, now I've got to stop you Charlie because you know you are making a
lot of statements and ---- you go ahead and finish and then I want to --- there is no way
under the federal law that we can in any way affect people who are on the job and I don't
think there is anybody here who is thinking in that direction. I keep repeating it. You
know, I get people --- I want to say it again, "I" would be completely against the removal
of existing employees to make waive for any minorities. I am not for that. It's against
the law.
Mr. Charles Hall: You honor that's just the point the employees need to be told.
They haven't been a part of this and they should be told.
Mayor Ferre: All right well then you are agreeing with what Francine just said and
what the gentlemen from the community and what Mr. Bray just said, that we got to get to
better communications. (Mr. Hall--- absolutely). You know this is not that we are not
challenging the employees. The federal government is not, they cannot. It's against
the law.
Mr, Charles Hall: Your honor I'm trying to be a reflection of the people that I
represent and I can assure you that they are concerned.(Mayor-- and that what concerns me)
They are concerned and they haven't had the communication and they need to have that
communication, If we are going to make these changes, they need to be involved, they need
to know, they need to have the knowledge of what's going on and if there is anykind of con-
tent decree it should involve those employee organizations, because I can assure you if it
don't they are going to insist that they employee organization proceed in court.
Mayor Ferre; Number one, I am speaking for the Mayor, I'm not speaking for the
Commission or for the Manager or anybody else, 1i1. I completely agree that all employee
organizations should be present in anything that is discussed, I agree with that, #2,
I don't think and I am strongly against any impressions that could be given that would in
any way indicate that we are going to take away people who have jobs, ok, #3, I don't
think anybody is here saying that everything is bad, I am not saying everything is bad,
45 JUL 3 01975
I think this city is a hell of lot better thah a iot of people give it credit for and I
think that we tade a lot more progress. tspecially in the last couple of years them we've
ever trade before 4 but that doesn't Mean that Ifii satisfied with the amount of progress
that we've thade se I at not saying that it's perfect, Pin not saying that we've been sitting
doing nothing,
Mt, Charles Hall: Your honor, the only thing that I vatted to say was t. it the
employees have not had control of the hiring process. Now whatever discrimination has
cote about is
Mayor Ferret Nobody is blaming the employees of being the singleisitgular * unique
and only factor ih this whole process. This is a process Charlie that involves everybody,
It involves the hiring process that it determined by the department heads, it involves
Civil Service, it involves the administration, it involves the Commissioh. Because we are
supposed to set the policy, Ve ate ail it this thing together. The City of Miami is tot
three ships, it's one ship. We are all in the sate boat together. If it sinks we all sink.
If the federal government comes in here and imposes upon us, ok. Sanctions and takes away
our federal revenue sharing funds, the people who are going to suffer are the employees of
the City of Miami.
Mr. Charles Hall: 1 think that's just my point your honor, so they should be involved,
If you want and expect their cooperation and at least knowledgeable about what's happening.
Mayor Perm: I agree! I agree 100%. You don't think I disagree w, *1 that do you?
Mr. Charles Hall: Well the point that I'm making is we are here discussing an affirm-
ative action program that hasn't been available to employees. You know, this is the first
time they've heard about it. It's a big -- -- in the paper, they don't know what the
plan is and I think that lack of knowledge is something that makes them feel threatened.
Mayor Ferre: Well, address this help to Mr. Andrews, because that lady works for
Mr. Andrews and if she's been here since February and you are telling me that the employees
don't know that there is an affirmative action agent or whatever classification it is then
I'll tell you then we really got bad communiciations around this city.
Mr. Charles Hall: I'm not saying that we didn't know there was affirmative action
officer here. We knew that before. We came in with our own program when the affirmative
action officer was unable to get qualified people on the list and produce the list. Went
out and brought in people and staff to tutor them, brought in our own secretaries, had our
own office staff. It wasn't paid for by city funds and we did it on our own.
Mayor Ferre: She's not working in a vacuum and if she is then I want to know about it.
Well, the point that I'm trying to make merely is one of communications and hopefully that
will improve your honor.
Mayor Ferre: You are making that very clear.
Ms. Francine Thomas: I just wanted to say that I wasn't going to give a commercial
for F.I.U., but I want to say that we have in our faculty rank 8% latin faculty. 8% black
faculty, that's 16% of our faculty is minority. I don't recall the female figures but they
are relatively high too and the whole state university system 102 women were hired. 50 of
those women hired were at F.I.U. we have made some strives but not one person who was hired
there at the time we began our affirmative action plan has been terminated as a result of
our plans actions. What we have done is dwelt with attrition, new positions and that kind
of thing rather that looking for persons whom we could remove. Nobody should be removed
by an affirmative action plan. I would be as ready to go to war for a white male who is
removed because of affirmative action plan because of some misinterputation of it as I would
be for a woman who is denied a position because she was female. No that is not the way we
implement affirmative action by firing people who are already there and your apprehension
should be alayed . If your plan is implemented that way it is wrong.
Mayor Ferre: All right, Now who is the next speaker? We have two speakers left, is
that right and then I hope we are going to get into tuis,
Mr. William Smith: I am the Executive Secretary of Employees Association. What I
have to say here is that the Sanitation Department is about 80% Black, but in that department
we don't have one Black dealing with policy making. All the decisions that are mode which
represents the Black man and his way of life is made by the white, Be has no input and we
feel that this is wrong. This is totally wrong. We are fighting the same structure that
has been here all alone. Even when they brought in an affirmative action officer, they
didn't even look into it for a Black at all, they just elevated another white for that pos-
ition and it just caused problems because he was there before , he's still there now and
unless you remove these type of barriers you will always have these type of problems,
4Ci
JUL 31)1975
And as an etployee organisation within the city we feel like we should have input into
this a£firtiative action program, because we do have people that we represent and have
to try and protect the best that we can, This is what I wanted to say.
Mayor Ferret All tight. Thank you. Any questions or comments? All i=,ht, hieut»
enant.
Mr. Ken Harrison: President of Fatetnal Order of Police. I'd like to give you
briefly by feeling when I read the affirmative action document that I apparently was
one of the feW ettpioyee groups that was provided a copy itt the mail to look over prior
to this Meeting.
Mayor Ferret Excuse me Kenny for interrupting you, Now how can that be Paul/ You
that the employees have gotten copies of this, Well then what's Charlie hall saying
the erployees don't know anything about affirmative action?
Mr. Andrews: Mr. Mayor, if you want me to respond to everything that's been said
is wrong here and some of the statistics that have been given and some of the statements
by people we'd be negative throughout this whole process,
Mayor Ferret You have to make you own decisions as to what you watt to respond to,
but it seems to me that if the statement is made like that which I think is a very important
basic statement. I mean if it's wrong I'm not telling you what to do, but I certainly think
that it requires some kind of a response on your part.
Mr. Ken Harrison: Mr. Mayor, I might be able to shed some light on this. I found that
when I was elected president that I had trouble getting documents from the city, so t asked
the clerk to send a copy directly to the lo::i,. , rather than iucough the city mail because
it had a habit of going to previous units that I might have been in and I wouldn't get them
until after the fact type thing, maybe if we made arrangements to send directly to the union
offices we might overcome some of that and I'm not implying anything. I just know from
personal experience that occurred with me. My initial reactions to these when I read them
and I spent the better part of two days going over this thing and not having any previous
affirmative action plans to compare it to I was somewhat in a quandry as to what it was
supposed to do and my initial reaction was that this plan and this was the title of what
I received. The city's affirmative action plan was not adequate in any way to remedy some
of the situations that existed throughout the city, primarily non sworn situations. One of
which Mr. Smith commented on Sanitation, definitely. We should address that rather aggressive-
ly and take some definite action in that area. I found that this particularly document didn't
include or even consider things like leapfrogging, seniority rights, job security, and in
fact was nothing more than a policy statement saying we agree that there should be an
affirmative action plan. NOw that was my initial reaction and I found it totally inadequate.
I also had a comment that it was extremely top heavy. Every committee or task force that
was in there was management oriented or management related people. There was only a
couple committees that employee groups provided an opportunity to take part in and I felt
that at no time were the lower echelons of each department allowed input and there was no
specific comment as to particular minority groups taking part in any of these committees
in an overall basis. There was on occasion one group might say it but it should be mentioned
I feel in every group. In addition to that I had a comment on the recruitment effort . I
felt that if you are going to establish these coordinators or assistants within the depart-
ment they certainly should be representatives of the minority groups or at least the employee
groups and they should have a say on the recruitment, which should be dealt at that level,
because after all these are the people that you must convince to take part in these programs.
The department heads, fine they set up there and they make decisions and things like that
I found and I can give you a class example in the Police Department we're mandated to do
affirmative actions in the recruitment of promotion of minorities and last year the administ-
ration decided to abolish 10 sergeants positions. Now, how in anybody mind can figure that
we are going to aggressively promote minorities when you are taking away promotional opport-
unities? I don't understand it, but yet that was done and the Police Department is through
some efforts. It's amazing that we've made the progress we have.
mean
that
that
Made
Mr. Andrews: Now Mr. Mayor, excuse me, do you want
talking about abolishing 10 sergeant positions that were
that were supposed to have been eliminated years ago and
thought out and the abolishment is taking place of those
do and why that's brought up at this time in relation to
me to stop and correct this, he's
grandfathered in from 1963 or 64
were carried and a plan was well
positions as the proper thing to
minorities, I don't understand,
Mr, Ken Harrison; I think it's critically related because however you cut it you
reduce promotional opportunities and mandate the Police Department to promote minorities,
I think they are related.
Mr, Andrews: Mr, Mayor, I'm going to be presenting a budget to the city commissl.on
tomorrow and there will be defined in there some 160 positions that we are eliminating, Does
that leans that also we're doing this to set back our minority prograig Are we responding
47
JU1. 3 01975
to the needs of the city in spending only tax dollars for that for which should be spent?
Mr. Ken Harrison: 1 believe that what we are talking about is exactly what Mr, Hall
said, YOU know you've got to deal with reality, If there is budget constraints they have
to be considered:, NOW another thing 1 found that it each employee group under contract
should be involved in these various formulation committees as well as min( 4 ; tembers of
each department should be provided for their input in each of those task fore. and committ-
ees that are established within each departments yet 1 did not find that 3n this document.
NOW, 1 would ask this of the cor issiott. The Mayor stated that he believes in the employee
group input, 1 would request that not only be a belief that the management be instructed to
do this, because my experience today has been that 1 have not beet afforded. Kenny, if we
could ever get to that 1 think we are going to try to do that, but you know( statement made
by the Mayor).
Mayor Ferret I don't know who else wants to speak but I hope that as soon as we get
the last speaker we are going to dive right into some of these documents to see if we can
pull out at least 5 or 6 basic matters of implementation and philosophy and invite the
participation of the department heads, the members of the public, the employees, the
administration and whoever wants to input as to what exactly should be the policy of this
city. Let's get now to the policy and stop all of this philosophy talk.
Father Gibson: Before we let you sit down. I want to tell you sir, what you were
saying a few minutes ago just made good common sense to me. And contrary to what I think
we were thinking you and t about the committees and the employees input and the little
fellow down there making some of this decision or advising, This makes gt. ^nmmon sense.
I want to thank you for that, because ordinarily we would of left here and felt ; you
were on the other side and we were on another side. But the point is what you were saying
is what I hope all of us is saying is that we want to get closer. Close this gap, get on
with the business, and let both the people who are employed as well as those who want to
be employed have an understanding and that we move on the right track. I just wanted to
say that. Thank you.
Mayor Ferrel All right thank you. Is there anybody else who wants to speak, because
I am going to close off discussion unless and I will only recognize people from after Dr.
Morall speaks on the specific subject that we are going to get into to try to implement
policy. So is there anybody else who wants to speak?
Dr. Harry Morall; Ass't Project Director — TriCultural Program. We do have two other
people who are here with me. I feel that the input that they give you of course will be
limited, condensed recognizing of course, that we don't have that much time. But T think
that what they have to say of course will impact upon the kinds of things that you are
about -- it talks about providing the vehicle, the training, helping people meet whatever
standards that are set and they are apart of that process and I'd like for them to partici-
pate in that if possible.
Mayor Ferre: Now, as I understand what you are talking about. You are talking about
the TriCultural Program and the process. We are not talking about that at this point. We
are talking about the affirmative action program and all these --- if you want to talk to
affirmative action that's fine. Now what I'd like to do because otherwise we are going to
spend another hour on philosophy here and everybody is going to talk about the same thing
over and over and over again and we are going to break up here at six and not have done
anything so I'd like to get into some of these policy matters if it's all right with you.
And then after that we'll talk about the TriCultural and any thing else you want to talk
about, All right. So at this point --- Let's take a five minute break and then we'll get
into this. I'd like your cooperation because we've got to get on and it's very late in the
day. We've taken much longer than we had wanted too. Now, I'd like to proceed --- I'd
like your attention so that maybe we can get into some basic areas. Now, there has been a
whole series of things that have been talked about and I've tried to write them down and I
want to put them out generally and then I'd like some discussion and then maybe
(1.) Mr. Andrews, and please anybody interrupt me as we go along on this, I think it, is a
question Mr, Javier Bray brought out about facts. I think it's important that on a monthly
basis we have a fact sheet. Now, I'm not going to say what that fact sheet says because I
don't think that's something that we can determine at this point. We can discuss It later
on, but I think once a month on a department basis, on a division basis as the federal govern-
ment requires that we have a fact sheet on the department, I think that should include
not only people that are employed, but also people that are in the register or people that
are on their way into the system and I think it also should have turn overs, so that we know,
who's leaving, who's coming in of the people on an accumulative basis, starting with the
first of the yeah, How many have gone in and how many have gone out, where they've gone,
to what departments and that type of a fact sheet up -date it once a month, (2,) I thl.nk that
until we see some very dramatic changes that we should take one hour out of the one coteniss1on
meeting once a month to discuss the progress that we are malting, In other words, J think it
ought to be a routine matter of this commission that everybody knows that on the second
meeting of the wonth from 4 to 5 or from 9 to 10, whatever it is, that we will be discussing
the progress of affirmative action, that (E2, (3,) 1 think that we should insititute a
48
JUL 0 1975
a
ttaititg ptogtat for the decision takers of the oitv. 143 thev 104204 ot '04 SO thnt
these Will be soh* task ttAtnittg AS 10 WliA1 AC111111V0 toligt11 1ic
teana, how the law fun'ttons. how wo Ate ttpaotett hy whAtIA 10 lie ,lotte
We are going to go to class, so that we know We catt ail teata the satue t4tt._J6.
We are learning Spanish around hete, some people so we can certainly learn the tedetal
language, especially when it itpacts our daily bread. (4). 1 think that 44,1 '‘ive to
get an Advisory Cotmittee and the Advisory Committee should be coMposed of as ili
federal things, The tonSuters, the suppliers, and the providers and at ldtge.
I think that we should have the adthinisttatiot represented it that Advisory Board. 1 also
think that we should have the employees represented. I also think that We should have
Civil Service represented. I think the Law Department should be represett,,d. And t think
the minority should be represented atd the public at large should be represented. Now, 1
would like in this recommendation to ask the Manager, hopefully before the end of August
cote up With a specific plan whether it be five metbers or nine tethers or what it is. I
think the City of Miami commission should receive the tomitees of these various groups and
I think we should appoint all of these metbers. We got the policy setting board, the final
buck stops with us. 1 think the adtinistration, the law department, and the employees and
civil service, the minorities and t think we ought to have outside represettatiot of people
that ate not it,the system, that are tot part of the City of Miami that represent the public
at large. NoWwtRa take-up is we end up with sever' or nine or eleven or fifteen, that's
something that t think we ought to be thinking about. I think everybody or every group,
pressure group, good or bad you know, big or small, what have you. Everybody should be
represented so that -- I think that it ought to be balanced between women and men. 1 think
it ought to have fair representation of Blacks. It ought to have representatiins of Latins.
Now this is an Advisory Board that will function with the agett, affirmat action agent,
and will act as an advisory board and will have regular meeting with regular agt. 415 and
come to regular conclusions. These conclusions should be brought up every two months if
you will to the commission for discussion and ratification. So that we can be involved in
the policy setting basis. (5.) As to the question of department heads being affirmative
action agents. I think every department head should have a decision maker as you have set,
but I think there ought to be a representative of a minority. By that I mean a woman, black
or a latin in every single department that ought to be a co-functioneer(if you will, of that
department in affirmation action implementation?) (6.) I think that each department head
should come up within the next thirty days with an affirmative action plan that is discussed
with the department heads, the employees of that department, the decision makers in that
department, reviewed by the Manager, and submitted to the affirmative action agent, discussed
by the advisory board and brought to the City of Miami Commission for ratification so that
each department is responsible internally for their plan. So that somebody doesn't come
alone and says that we are imposing something that they had no input into, that they don't
agree with, that if you done it the way I recommend it, it would of been done right, since
you did it withoutmy consent and without my approval that's why it doesn't work. (7.) I
think we ought to seriously consider the establishing of the affirmative action coordinator
as an independent function reporting directly to the commission. This is in no way reflect-
ion on the administration, but I think it should be that person, he or she should be a comp-
letely independent agent so that there is no fear of speaking out because of any possible
(not direct) but indirect pressures or reprimands. I think that that person should be as
free as possible to function. I am not completely sold on that because I think it might
weaken the administer's input into this thing and it also is in a way possible interference
on the part of the Commission to the administrative process. But I would like to ask the
City Attorney to give me a legal document based upon federal law and the letters that we
have now gotten saying that we must implement and that federal statutes supersede our own
city statutes. Based on that I'd like a legal reading as to whether or not we have that
authority to have somebody reporting directly to the commission with staff. (8.) I think
that the Affirmative Action Officer should immediately have a full time secretary. So that
we won't have (and with all due respects to Ms. Nicol's any excuses that we can't get things
done because she only has a secretary for three hours and she doesn't have time and all this
kind of stuff, so that we get right down to actually having the strength to get things done).
(9). I think the legal department should be involved in the next Affirmative Action prop-
osal that should come up before the Commission sometime in September. Certainly by the last
meeting of September, giving us August and September to do all of this so that we can scrap
this statement of philosophy and then get down to something which really talks to the nitty
gritty of the problem. I think it ought to come from the bottom up with department partici- -
pation, employer participation, the consumer, minorities, everybody. (10.) Lt is my opinion
and I have to subscribe to Mr. Dorsett's statement that psychologically to put the Affirmative
Action Officer in the basement I know that it probably couldn't be helped and there is no
other space available, but I really think that it's Just a psychologically impact of putting
an affirmative action officer in the basement without a secretary. You just can't convince
me that means that we are showing that we really give this a top flight priority. I think
th4t this is something that's so important that we ought to announce it to the world. Now
and I'm not speaking for Anne Nicol, she works for the administration, not for me, that's
your problem. I am speaking to the job and to the psychology that the job-- In other words,
I think the administration and the City Commission must show that we care enough that this
is a top flight job, This is something that is not secondary or tertiary in importance,
Now I think we have got to devise in this plan some kind of a grievance procedurS and I don't
49
JUL 3 0 1975
know exactly whether it would be this committrr or what kind of a grievance process but
t think when we finalitte we roust have a grievance process, (11,) t think we'‘ o got to
put softie teeth into affirmative action. because it doesn't tnetttt anything if vrtl t of t
somebody"you got to di this or you are going to do this", if you don't also hive the
seguel that if you don't do this then what happens? And somewhere along trr 'ne within
the law t think we've got to get to some kited of a basis of how do you actual enforce
and what happens if it's not done? Lastly, 1 think we've got to come up with a time
schedule and by that 1 Mean that we've got to come up with a Numerical system which very
simply Says and(I'm just picking a department out of the air), if we have a department
that has 200 employees and it has a turn -over of 20 employees per year that we say that
within the petit 12 months that we will employ so many women and so many minorities. In
other words, as I understand the numerical system to be a numerical system and I want the
taw Department to research and to give the administration, Ms. Nicol,all the departments,
all the departttent heads, all of the employee groups, a definition of what is meant by a
numerical system. 1urthertnore, I'd like ( they used another word) -_ " at accelerated".
I want a clear definition as to what the Justice Department means by "Accelerated Numerical
Goals". I don't want nebulous things. I don't want them to come telling us that it might
taean, I want to know exactly what "Accelerated Numerical Goals" means. Does that mean that
we accelerate the process in 6 months, in a year, do we have 2 years, exactly what does it
mean? And we want a clear definition from the Justice Department as to what they mean by
"Accelerated Numercial Goals". Furthermore, (12.) I think we should have -- that no meetings
should be held to discuss any of these things unless there is a representative of a minority,
and a representative of the employee group that is specifically affected. If it's the Fire
Fighters, somebody from the administration of the Fire Fighters ought to u, 't-ere. Somebody
from the employees ought to be there and we ought to have a minority, whether he :, Black,
or a woman, or a Latin), and that's something we are going to have to deal with too.
Mr. Rafael Villaverde: I live at 665 S.w. 19 Road, We are going to- or the city is
going to a negotiation phase now with the Justice Department that what comes out of that
consent decree, maybe supersede any kind of affirmative action that we can develop here. So
my concern will be sir, that in this negotation with the Justice Department if we could have
some citizen's input from the citizens of the City of Miami.
Mayor Ferre: You didn't hear me. 1 said that we will not meet. We will not meet in
any meeting at anytime anywhere with anybo y except whether it's a representative of the
employees, a representative of the department or departments effected, a representative of
Civil Service, a representative of minority groups, or each minority group, and a represent-
ative of the community at large.
Mr. Rafael Villaverde: Then that's all settled then.
Mayor Ferre: So that there is no confusion and say -- well- you didn't include me into
the thing:
Father Gibson: Mr. Mayor, I'd like for the definition not to be minority group. I want
you to spell me out -- B-L-A-C-K! Look --- you know you have been calling me Black all of
these years, it's convenient now for me to be called Black, so I want to be called Black. I
want to make sure that when you meet a B-L-A-C-K is there, ok? Now the other minority is
going to take care of themselves. Do you know what I discovered it's convenient for you
man to get lost in the shuffle. Do you understand? I hope you understand what I am saying?
Ok? Now the other thing Mr. Mayor is this, I think the Law Department and I know,I hear
the lawyer, the city attorney now ought to indicate to us right now, not tomorrow the possib-
ility of conforming to and with the possibility of that lady being hired by the Commission.
Let me tell you something, I want everybody to know that I sleep well at night. I want
everybody who leaves here to be able to sleep. You know lawyers are great. I have a son
who is a lawyer and nobody could doubt my love my him, ok? His name is the same as mine,ok.
He is Theodore Gibson,It, Ok? Lawyers have the greatest capacity of telling you what they
think you want you want to hear. No reflection, I just want to make sure that Mr. Lloyd
understands and there is no doubt in your mind where I am coming from. You see- I am not
impugning the integrity of anybody but man, we are going to let it all hang out on the table,
You know, when you leave here the staff can get together;the different staffs and then stru-
cture a decision for me. I don't want that. To be for one is to before armed,I say that
if we could hire a secretary for everybody for the Commission and some other things. For
instance when we were arguing about how many people have been hired since. We hired Mr.
Crompton and Mr. Crompton wasn't in, he was from without and I just want to make sure that
Sidney Aronovitz is too me is a great citizen, that's what he use to say, He says, "where
there is a will there's a way". You get my point? You see I want to protect that lady.
She and I know ace boone's coon but's here is the thing, I happen to know when the pressure
gets going and it's going to be hotter than hell, I want her to be spared of the pressure
and that she would be privileged to make decisions in good conscience and not With the poss-
ibility that tomorrow morning she may have her walking papers. You understand Mr. Lloyd,
because when you tell me that»- when you give me that decision, I am going to cheek that
decision with the equal, opportunity people, I' an going to also check that decision with
50
JUL 3 01975
other cities. I just want to take that nobody will say well you know he's undertnittdittg
the Cot►triss.ott. He doesn't have any faith. You understand? You uttdetstand tte Mt. Lloyd?
Mr. Lloyd: That last one I don't,
Father Gibsont Let the take sure you undetstand. I just want you to know that t t you
tell the it can't be dote I at tot going to address that. bo you Understated that?
I at sure you understated that.
Mr. Lloyd: Oh.. that 1 understand.
Father Gibson: fight so 1 want to make sure that you investigate, explore to the
fullest and I want to be assured by document that it can't be done, because I want to
say to everybody here you are talking to an old coon in this business and what 1 at afraid
of is if everybody doesn't know that this judgment day for us that you know, we are going
to still go on that path. Do you understand me Mr. Lloyd? Ok, 1 have a son who is a
lawyer. I used to work for the federal government in this same kind of thing and I think
I know where to go get the answers if I have too. Ok?
Mayor Ferret Ok, who else wants to speak on these item?
Mr. ltebosot Mr. Mayor, I would like before we go further to hear from Mr. Mario
Molina from the Manpower program. According to these statistics Mr. Molina has an impress-
ive record in hiring minorities. I would like to see how he has accompoli.li'r this progratn..
Mayor Ferre: All right Mr. Moline you want to address yourself to it? I think it is
very important as Father Gibson pointed out before Mr. Moline speaks and I am not saying
this in accusation. I am not accusing anybody but t think it's very co-indentially as we
hire people the non -minority end up being in Civil Service and the minorities end up in
Manpower. Manpower is very fine, but Manpower is just a tietnporary job.
Mr. Mario Molins: I am a member of the staff of the City Manager's Office under the
Community Affairs Office. The city Manpower Office operates programs that are funded by
the U.S. Department of Labor through a local Manpower consortium would include the City of
Miami, the City of Hialeah, Dade County, the City of Miami Beach,and Monroe County and the
city is a full pledged partner in that consortium which is funded on the basis of how much
each, of these jurisdictions are entitled to by federal formular. Our Manpower Office in
the city operates two full time year around grants under the Comprehensive Employment Act
of 1973. One is called the Title II Program which is a grant for$973,000.00 starting in
September of 1974 and it has employed 248 residents of limited target area mandated by
federal regulation which cover the census tracts of the highest unemployment rates within
the city which are a portion of Little Havana, not all. Downtown area, model city, and
Edison Little River. Of all of the participants of that program, as of July 24th we had
127 Blacks, 111 Spanish, nd 10 Anglo. In terms of sex 52 participants were female. The
other program we have is t?E.T.A. Title VI grant for 1.7 million dollars which started
in January of this year. It has employed 250 participants reciting anywhere within the
entier city limits. Of the total as of July 24th, 102 were Black, 126 Spanish and 22 were
Anglo. Of the same total 42 were female. We in our office screen for federal eligibility
criteria in oral interviews but no entrance examinations are administered for either prog-
ram. The procedure is to refer these potentially qualified candidates to the interested
departments for final selection. The jobs performed by these Manpower employees vary as
widely as the functions of the variouscitydepartments. But in general, it can be said
that these are positions created with the need of the unemployed in mind. For instance,
federal guidelines encourage and we have created a preference point system for referrals
to departments. Giving extra points to U.S. Veterans, heads of households, ethnic minorities,
women and the handicapped. Thus, when a department finds for instance, 2 Manpower applicants
similarly qualified they generally choose the one with the greatest social need. And if
I may be allowed a parenthetical comment, perhaps that is a point which affirmative action
ought to address itself to the social needs of the individuals where the clients for employ-
ment.
Mayor Ferre: No, I don't understand that, What do you mean the social needs?
Mr. Mario Molins: Well, in terms of economic need, the unemployed. In other words,
it gives you a more measurable handle of who needs employment. And our staff is proud that
this hire first and train later system has been regarded as a model by the local office of
the Manpower Planning Consortium and has received praise in the written press. More
inportant on the past however, is the preparation for the future. In terms of city dep-
artments utilization of Manpower personnel we recently conducted a survey in which depart-
ments overwhelmingly praised the quality and performance of their C,E,T.A. employees. Nat-
urally, there are always draw backs and we are no exception, We have had a number of enrol-
lees dismissed by various departments, but their slots have been refilled by other applicants
JUL 3 01975
quickly, in terms of skill, the Manpower office has sponsored many pro t ess iona l an.i
skilled positions ftott Administrative Assistants and Secretaries to 2rning lnspectot
and the trade craftsmen such as .,carpenters, painters, plumbers, auto Mechanics, as
well as other professionals, including Planners, I. Technicians, Park kangers, etc.
So even though the intent of the program is temporary the positions have not been
limited to unskilled positions. So tar, all indications ate that the depart. , is are
quite satisfied with their performance and, some ate even being encouraged to apply for
Civil Service status.
Mayor Ferret That's the question, flow many people have you put into Manpower in
the last year?
Mr. Mario Molins: About 500.
Mayor Ferret All right. How many of those 500 have applied for city jobs?
Mr. Mario Molins: You mean Civil Service status.
Mayor Ferre: permanent that's right.
Mr. Mario Molins: Very few because the intent of the program is to keep them in
the Manpower program for an entire year and the first program started in September of 74.
But we intend to do that, that is the intention.
Mr. Andrews: Mr. Mayor,we intend to do that arid not only do we intenu Lu do it we
have done it. Mr. Molins, if you can remember the statistics if not we will supply it
separately in the Commission --- explain how many in the F.F.A. Program( the original
program that were minorities that went into C.: it Services.
Ma or Ferre: S e Pa l that's the Point -- excuse me Father for taking up your
occupation, but you know the road to hell is paved with men of good intentions and it isn't
the good intentions that I'm concerned with...I am concerned about actions!
Mr. Mario Molins: Let me speak then to the track record. The facts are the track
record is that the first month our program that the city had employed approximately 200
people throughout 3 years and at the end of that program in 1974 the city was able to
transfer them into permanent Civil Service status at a ratio of approximately 95%. In other
words we had a 95% success ratio in transferring those people from the Manpower Program to
the Civil Service Program or status.
Mayor Ferre: All right.
Mr. Mario Molins: And it is the administration long range objective and not so long
either, it's the short range objective as well I'm sure. To provide the opportunity to a
large number of Manpower enrollees to become Civil Service employees and thereby create a
pool of trained minority personnel who can be attracted into the city's permanent employment
with results satisatory to all.
Mayor Ferre: Ok. Well that's encouraging and as I've said throughout this meeting
not everything is bad you know we got a lot of good things that we've done that are moving
along and I think we have to talk about those things too.
Mr. Andrews: Mr. Mayor, we left when you were in the process of getting to item 12.
If when we are finished with this, I want to address myself to one of those items that 1
consider a serious problem area.
Mayor Ferre: All right, I can image which one it is.
Mr, Andrews: It is #12, up to 11 areas that can be responded to and responded to
rather quickly and positively, but item 1112 and I see Mr. Faulk on his feet because I
sense that he forsees the problem in that same area. The 1i12 now, the way I have my notes
reflected to establish a time schedule with a numerical system and you use the analogy
of a department of 200 that has 20 turn -over how these are -to be filled , what goals
will be established in getting minorities ---
Mayor Ferre; No.,..,then remember I asked that the City Attorney to give us a legal
definition as to what "Accelerated Numerical Goals" means,
Mr, Andrews; All right let's assume he gives you an opinion and we discover that
and we cap work with i-t, The important areas here -- how are you going to actually achieve
that as an objective or a goal- for the City of Miami? How are we going to go about doing
that, Wow Mr, Faulk is going to have to tell you some of the current limitations that
would limit the productivity in this area,
52
JUL 30197
1
MayorPetra! Now ate you going to talk about the current limitations because of
Civil Service rules? Is that what you are talking about?
Mr. Andrews: Well tit talking about the establishments of registers and taking
people from those registers,etc.
Mayor Perre: Now who establishes that, is that a Civil Service rule?
Mr. Andrews: It's Civil Service rule now.
Mayor Perre Well Mr. Andrews and Mr. Faulk I want to tell you that now we've got-
ten down to the real Witty gritty, because what we are really talking about is the Civil
Service rules and now I want to talk a little bit about that and then recognition of all
of this. Now Mr. City Attorney as 1 understand the charter which has incorporated in it
a portion dealing with Civil Service is itt effect a very broad and general statement as
to Civil Service, The test of the things that we talk about in Civil Service are matters
that are Civil. Service ruling in which they have established the policy and the guidelines.
Mr, Lloyd: This is correct the rules are approved finally by the City Commission and
it's importance.
Mayor Perre: All right, so therefore, the specific rule other than the broad general
aspects of Civil Service are matters that can be dealt with by the Civil Servile Board and
finally by the City of Miami Commission, is that correct?
Mr. Lloyd: Yes sir.
Mayor Ferre: All right, let's talk.
Mr. Faulk: Very basically Mr. Mayor and members of the Commission I arise to the
point that you made with regard to no meetings to occur with anyone from any place unless
certain things should occur and I wanted to bring to the attention of the Commission the
fact that upon notification of the memorandum from or the letter rather from the Justice
Department and the letter from the Secretary of the Treasury Department. The Civil Service
Board did call a Special Meeting of the Civil Service Board last Friday afternoon and at
that meeting the board did request the City Law Department to contact the two attorneys
from the Justice Department which were mentioned in the letter from Mr. Pottinger. That
has been done. ` Mr. Lloyd's office has contacted either Jamieson or Padgett, one of
the other or both. And a meeting has been set up for next Monday. Now I don't know exactly
what time nor where it will be at this point. I am sure you will give us the particularly
on that. But certainly it was the intent of the board to want to sit down and have the
Law Department and myself representing the board to find out particularly what they had
in mind to get some background with regard to what the study is representative of in the
conclusions that were made so that we might know really what it's all about.
Mayor Ferre: Yea, but not limited to you Bob, because you see I want Kenny there and
I want Charlie there and whoever wants to--- and Gene Naples ---- In other words, anybody
who represents somebody in this City of Miami ---whatever department --- whatever employeee
Mr, Paulk: I understand Mr. Mayor. It was the intention of the board that obviously,
the Commission should be made aware and invited, those who would like to sit in on this
conference also the City Manager's Office to sit in on this conference and if others, well
that's fine, too. It would not be an official body of a Commission. It would not be an
official body of the Civil Service Board in so far as it being an open meeting, but that
certainly would be an open meeting under the Sunshine Law to that extent, But it wouldn't
be where you would have an official body there to take an affirmative action at that point,
It would be to discuss and find out where we are and where are we going from here, So that
we can participate in perhaps designing some forth of settlment if it be possible and I do
understand what you said earlier today that a consent decree is on it's way down and per-
haps will be here by Friday,
Mayor Ferre: By tomorrow, maybe.
Mr. Baulk: And Mr. Pottinger as you indicated will be here Friday and he perhaps
may bring it, that consent decree may have items in there which this Commission is not
in agreement with, which the Civil Service Board may not be in agreement with.
Mayor Ferre; We haven't even seen this----
Mr, Faulk: I understand that, Not knowing what's in it there may be many things
in there that many people may be in disagreement with and we need to sit down and seriously
think about what should be in any kind of negotiated settlement and find out in particularly
what really are we in violation of, There is privation evidence in the lack or absence
JUL 3 019i5
•
in the lack of numbers, but i don't know really what's the basis of conclusion. Other
than the fact that tote a people have been detlied employment, right or Wrong, We dete't
kneW that at this point.
Mayor Ferret Bob you'li have tb ask Mr. Pottinger that.
Mr. Paulk:
that we do have
people that you
in this t$eetitig
Hall and others
t knos that and t understand that Mr, Mayor, but t atn simply saying
this tweeting set up for next Monday, tt wasn't intend to invite the
indicated but it's your desire that tither persons should participate
and t do understand what was said her today by certain people. Mr.
who want to sit in on the kited of meetittgs that will occur.
Mayor Ferret It's got to be a completely open thing, so that everybody knows what
everybody else is saying. If you got sotething to say, you got to say it on top of the
table itt front of everybody, so that we can all know what's going on.
Mr. Paulk: Very true attd I know, we want to knout what their finding ate based on
and I think you do.
Mayor Perre: Bob and one last statement that - and I say this with all due
to my friend Steve ICouchalakos, to all of you that are on that board and to you. I
in a very sincere way that if you are not part of the solution, you are part of the
And I want you to be part of the solution.
respects
say this
problem.
Mr. Paulk: I think that the board wants to be a part of the solution, but U ey don't
want to be held as one who is responsible for everything that has occurred that has brought
about the result and conclusion by the Justice Department research, because that is not
correct and the board has worked most diligently over the number of years to try and be fait
and equitable and impartial in the employment practices and the grievance practices in the
disciplinary matters that have come before that board and that is very much of concern in
their minds and they want to be apart of, sitting down and discussing what has been found to
be wrong in trying to come up with an adequate and proper solution.
Mayor Ferre: I don't want to be drastic or I certainly hope that we are not ( you're
either right or wrong) because a lot of shades in the middle and I am not casting any
judgment of any kind. I think we have to keep in mind that somewhere along the line, down
at the bottom of the line. (you know and Father forgive me, because I've heard you say
from the pulpit). Like the Master said if you are not with me you are against me. And that
means if you are not part of the solution, you are part of the problem and I think that's
eventually we are going to get down toy. " Because if this ship sinks and the ship is the
City of Miami, we'll all on the ship. The Civil Service is not on one ship and the Police
Department on another one and the administration on the fourth, third, and the Mayor and
the Commissioners on another ship; these are not separate ships. We are all in it together.
Mr. Paulk: I think we understand that.
Mayor Ferre: All right to the point. Anyone of these 12 points or anything you want
to add if you have some additions?
Mr. Jose Mendez; I am the Chairman of the Community Development Program for the Area
of Wyndwood. I would like to make some observations in regard to your recommendation to
the City Manager. And I noticed that one of them is that you have asked the Manager to
bring to you a report on the Advisory Board and the composition of Advisory Board and then
allowed like one month for the reading of the proposal to be submitted to the Commissioners.
If we are to have some kind of a participation of this Advisory Board on behalf of everybody
I think that we are not allowing enough time for that Advisory Board to dig into the writing
that were involved in that proposal so it can be properly submitted to the Commissioners.
That's observation number 1. Observation number 2 if in reference to some words that I
heard Reverend when he was addressing himself to Mr.Villaverde that sometimes we get our-
selves lost in the fall or something like that-- I cannot quote the words ---but let me say
that for the longest time we Puerto Ricans and I am referring to that a very large segment
of this community somehow has been lost in what it has been identified as the Latin Community.
Mr. Mayor with all respect and Commissioners, I would like to remind you that we Puerto
Ricans exist in Miami, they are part of this community and that we also would like to involve
ourselves in those advisory boards, Thank you.
Mr, Luis Lauredo; I am sorry there has been a lot of information, I'm a little con
fused, Your point ilk calls for an Advisory Board which is very good and then you say they
are supervise each department ----
Mayor Ferre; No no no---- there are two things, Don't get them confused, We ere
talking about an -Affirmative Agent, ok who has in every department and affirmative action
officer, The officer is supposed to be a decision maker, Consequently, since most of the
decision Makers in the eity are male whites, We have the situation where we have 19, f
841
JUL 3 01975
..r
is what you told the people that are affirmative action agents of which there are only
three women, two blacks, and no latins. Now, the reason why it is that way Is because
there are no women, latins and very few blacks at the decisott taking level. Now, that's
just the way it is now to avid that what 1 was saying in that point number (whatever
it waa) is that at every level, department level that the affirmative actiel officer,
not be one but two. That one be from the decision maker as appointed by the department
head and the other be a representative of a minority in that department. Now, 1 did not
apeeify because 1 wanted the Manager to come back with a plan, whether he be Black, or
Latin, or women or both or all three. So and 1 think you have to take into consider-
ation the sub catagories in the Latin Community between Cuban and Puerto itican. And that
just happens to be a basic reality of the facts. Now, when 1 am talking about an Advisory
Board, 1 am talking about a completely different thing, The Advisory Board is an Advisory
Board that will function with the affirmative action agent and advises the Commission and
that Advisory Board should be in We composition representative of the community at large
the employees, the departments, which is the administration, including the legal department
and that is an Advisory Board that will review overall what is happening.
Mr. Luis Lauredo: I'tm sorry you misunderstood the what I meant was that 1 understand
that it's a perfect set. -up, the advisory board it's a very representative advisory board,
but as 1 understand this whole 8 hours is that we are going to be dealing with the Justice
Department on a consent decree which would to out Affirmative Action Plan. Forget about
each department drawing up their own affirmative action plan, because that consent decree
would in fact, in effect will become the City of Miami Affirmative's Action Plan for all
departments.
Mayor Ferre: Mr. Lauredo, there is no way, there is no way that I can tell Gene
Naples that he's not going to be a part of this team. So in other words everybody who
represents anybody is going to be involved it ;:he discussion., and in the negotations with
the Justice Department. We cannot say we are going to have an agency that will exclude
anybody.
Mr. Luis Lauredo: What I thought would be --Mayor I'm sorry I am not making myself
clear, is that this Advisory Board as you have outlined it which is excellent should be
formated today or this week to be working immediately, namely next week with the administ-
ration and the Justice Department on the consent decree. Because - -- forget about the
departments and the make-up I think should be as your line two employees, one administrat-
ion, one Civil Service, one Law Department,(6) Minorities, Two, and two ----
Mayor Ferre: Can't do that: Let me tell you why I can't do that. Let me tell you
why we cannot do that. Because you say it's going to be two employees. Now you tell me
I don't have the wisdom of Snlomnn. I cannot decide which one of these two employees groups
I'm going to choose, so'you have to have room for everybody. We just cannot be - this is
much too important a thing for us to exclude anybody from participating.
Father Gibson: Mr. Mayor, I think that what he is saying ---- Mr. Lauredo , let's
see if we are together. I think what I hear you say is that when you go to the bargaining
table on a consent decree what you need is ---this group that you are talking about has
agreed upon or is willing to agree upon in conjunction with and what he is saying is that
the consent decree would be before you have this thing and then what he is saying to you
which I don't know if I can agree because you know this is human nature, the fact of it
is. What he is saying to you is that - that committee that you are talking about - that
Advisory Board would be of no value , they would have no input into the consent decree,
that's what he's saying.
Mayor Ferre: I understood that. I understood that very clearly.
Father Gibson: I understood that very clearly. What we have to agree upon here
sir is that we understand that, but look if those people are coming here, Man if we don't
do something like this so we could say, well look, this is what we have agreed upon and
hopefully that this thing is going to work out to the benefit of, the city and to the
government. We are going to be in trouble. What the Mayor is also trying to indicate to
you is that hopefully you see the predicament we find ourselves in at the llth hour. So
for God sake with all of your (you know) let's try to work with what we have, hopefully,
that after, And I agree with you I wish it, was possible for these people to get together
and work it out and all that and all that before, But as•it is time isn't there. And
I would hate to see them tell us look man I ain't going to give you no 10 million dollars
do we'll all be in trouble then,
Mayor Ferre; Look I think we can do both things. Let me tell you what we ought to
do on that because I don't know whether this Commission is going to except all these things
or wants to modify them or add to them but if we pass a resolution to do some of these things
or all of these things, I think that we should tomorrow, ok appoint a preliminary committee
of sorts so that they will be conscience that they will be involved on Monday when the meet-
ing starts, I want to tell you that does not preclude and I want to very firmly want to
5
JUL 8 01975
state it. That does tot preclude others who want to be involved iti the negotiating
process from becoming involved, because I think that this is has got to be an open
forth and everybody is got to be represented. Because the federal government is going
to come down here and the final decision is golf% to be made by this body tight here.
This is a bargaining. bo you know who the bargaining agents are ? 'These floe people
right here. It's trot Mr. Andrews, it's not Mr. Lloyd, it's not Mt. Paulk. 's the
elected officials. We ate going to be the bargainitttg agent because when it's all done
and over with, this Cotttission has to go on record'whether or not to except the consent
decree because the •Justice fbsparttnent cannot go to the federal court and say Mr. Andrews
and the Justice Department have agreed, oh no. or Mt. 'paulk and the Justice Department
have agreed or the police Department has agreed. No it's the City of Miami Cofliission
wlto must agree. So the final `--m the backs stops here and here is where it's going to
be determined. Now, during the process I wattt everybody to be because we are all in the
same boat and I want everybody to have their input.
Father Gibson:: Mr. Mayor maybe this would satisfy. What I hear saying, this is
what I understand- I think that see-- let's say this meeting would be more or less a
preliminary understanding of, they'll set forth general broad principle.What the Mayor is
saying that since we are negotiating agent we are the people who Wants to negotiate, you
will have certain-' you will be there for the first meeting but before any final position
is taken you are committed. We'll have the opportunity to play to us and say to us what
is good and what is bad. What is in the best interest and what is not in the best interest.
I think that will give us. It isn't perfect, but it will at least give us some give and
take. You follow me?
Mr. Lauredo: Yes sir.
Father Gibson: So I think we are together under the circumstances the best we can do.
Mayor Ferre: Or maybe by tomorrow afternoon we can appoint a preliminary committee as
well as - - that might be dangerous because we may not want to rush Into - we -have to think
a little bit about it so let's think tonight and maybe tomorrow we'll do some more talking.
Now, is there anybody else who wants to add or subtract from these twelve points that have
been stated here? Anybody want to add another one? Anybody disagree with any of these
things?
Mrs. Gordon: It's be good to read them again Mr. Mayor.
Mayor Ferre: Would the clerk please read the twelve points?
Mr. Southern: Reading fact sheet.
1. A fact finding committee and a fact sheet to be furnished once a month
by the City Manager describing what has been done up to that time, the
input and also the ones who leave on a monthly basis.
2. One hour once a month be devoted at City Commission Meetings be devoted
to the discussion of this affirmative action and the progress that's
been made.
3. Institute a Training Program for the decision makers of the city. A
basic training as to what Affirmative Action means.
4. An Advisory Committee composed of consumers and suppliers with the repr-
esentatiun of the administration, the employees, Civil Service, the Law
Department and Minorities and the public at large.
Mayor Ferre: Minorities as corrected by Father Gibson, that means Blacks, Latins,
and Women.
Father Gibson: I appreciate it if you read it this way,
Mrs. Gordon; You've had fact finding committee, will you clarify what you mean by
Fact Finding Committee?
Mayor Ferre; In #1, no there was no Fact Finding Committee, I don't know where he
got that. This is the Administration submits on a monthly basis facts, they are responsible.
Mrs, Gordon; Then just a fact sheet supplied once a month. Ok, then cross that Part
out,
Mr, Andrews; Mr, Mayor, what you said was a finding fact, What you said at that
point was a finding of fact and develop a fact sheet,
56
JUL 3 0 1975
Mrs. Gordon: Ok. all right.
Mayor Ferret A good torrettlon 0 a in tut •of one hour, rather than one hour.
Mr. Southern: Continued Reading-
5. The City Manager to come up with specific plans for this eomtnittee and the City
Coission should receive denominations trot all these groups and the City
Gotthission aheuid be the final appointing authority,
Mrs. Gordon: Mr. Mayor, didn't you ask the attorney to investigate whether that
point was a question to the attorney, whether we tan it fact do that?
Mayor Ferrer Well I think we tan do it if we can't I wish then that he would
clarify it.
Mrs. Gordon: I thought you addressed that to him. Then, I may be wrong.
Mayor Ferret No no, What I addressed to hit was later on when I told him that as
I understood iti we were talking about Civil Service rules.
Mrs. Gordon: Well then number 5 is not clear, would you clarify it?
Mayor Ferrer What's number 5?
Mr. Southern: Number 5 is that the City Manager come up with a specific plan for
the composition of the committee and the City Commission should receive the nominations
from all these groups.
Mrs. Gordon: Oh that's all referring to the committee, ok.
Mayor Ferrer In other words, if we establish an advisory committee, I'm putting the
burden on the Manager to refine it.
Mrs. Gordon: Ok. very good.
Mayor Ferre: As to whether you know who represents who and how and what and so on.
Subject to our change.
6. The Commission should consider the establishing of the Affirmative Action Coordinator
as an independent function reporting directly to the City Commission and that's when
you ask the City Attorney to come up with an opinion, as to whether that would be
legal.
7. The Secretary for the Affirmative Action Officer. A change of location from the
basement to some other location.
Mrs. Gordon: Is that under number 7 or 8?
Mr. Southern: I don't know which number it is but ----
Mrs. Gordon: Ok, well we've put it down.
8. The establishment of grievance procedures and also to put some teeth into the
Affirmative Action Program.
Mayor Ferre: By teeth, I specifically meant, what do we do if something is not done?
In other words, a clarification of what happens
Mrs. Gordon: Teeth for enforcement.
Mayor Ferrer Yea, enforcement. In other words is that room for dismissal, can the
Commission actually say that if a department head does not do that that we would ask the
Manager to justify why that department head is not dismissed?--- you know that's the most
drastic thing obviously, but I would like to let the Manager come up with the recommendations
as to what enforcement provisions are involved in this. ---- let him come up the recommend-
ations how he puts teeth into it,
9, To establish a time schedule,
Mrs, Gordon: Referring to what?
Mayor Ferrer In other words if we get into affirmative action if we are going to get
into this thing we need to have a time schedule so that it isn't you know say, in six months
MW
57
JUL 3 01975
we ate going to do this and in twelve months we ate going to do this and three years
we are goittg to do that to that we have a get'. And that we know urhe re we are heading,
that'a what 1 think is aeatt it the order itt the Treasury tepartmettt and the Justice
t`)eparttent when they say "Accelerated Numerical Goals", that's what 1 ti►ean. Put those
worde down there-- "Accelerated Numerical Goals", and I asked for a deftniti 1 from the
Law Department as to what "Aceelerated Numerical Goals" actually team, not Y legal
terms, but it ter a that we the people tat underttattd.
10. Last one, there is no meetings' to be held unless representative of every interested
group are present
Mayor yerre: $y interested groups, I defined that as the administrations determtttes
department heads, and people from departments. As the different employee groups determine
their represerttation. The Civil Service; The Commission, the public at Large. .'hat's
very broad.
Mrs. Gordon: It the word "present", l think you really treat "notify,,.
Mr. Southern: I would think so "yes"
Mrs. Gordon: t think in the word "present" that the clerk read, you really meant
"notified". That all interested groups ate notified to be present.
Mayor Ferret
Mrs. Gordon:
have meeting.
Notified on record....
Because if they are not here in the word
terminology", then you couldn't
Mayor Ferre: You're a good lawyer.
Mr. Lloyd: She's right.
Mayor Ferre: In the notifications, the notification should be done by the administ-
ration by register letter so that there is no question. We have to leave that-- but t
want a record when somebody is called or notified by telegram or letter. I want it on the
record, whoever is the doer, whoever does the --- whoever is responsible for that. If'he
calls on Tuesday at 3:30 I want it recorded. I talked to Mr. Smith at this number so that
there won't be any of this stuff "well I didn't know, nobody told me".
Mr. Luis Lauredo: You mentioned your #5 was that departmental appointment to the
Affirmative Action Task Force would be a Senior Administrator and a Minority Group and
Minority Employees. And the 116 one was that each department develops it's Affirmative
Action Plan within 30 days with the input from all employees, the advisory board, the
Manager, and come back to the Commission ----
Mayor Ferre: So we can implement by September.
Mr. Luis Lauredo: Right.
Mayor Ferre: By the last meeting in September.
Mrs. Gordon: And that would make it a total of
the clerk read them. Make them 14 then.
I already had twelve, the way
Ms. Francine Thomas: I think that you are saying they should be implemented within
30 days but there should be appropriate guidelines provided for implementation, so that
everybody knows which road they are going down. You can just say implement an Affirmative
Action Plan but they don't know where they are going.
Mayor Ferre: Who's going to make the guidelines?
Ms, Francine Thomas: I think your Affirmative Action Officer has to sit down and
say here are the things we are responsible for doing an Affirmative Action. Now, how your
department responses to this. This is a regulation, What is your response? They may be
different for each department or different kinds of things, but the basic guideline should
be out ----
Mayor Ferre: I accept that. Is that clear?
Father Gibson; Mr. Mayor, would
13, 14, 15, 16 items and have them on
know what those 13 or 14 are and that
sir, can we hope for that? Beautiful
you ask the clerk to delineate out of the record those
our desks tomorrow, so that from now on all of us
you'll have the same as I have? Ok? Can we get that
beautiful
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JUL 3 01975
I-.uIIIINI
Mayor Ferret All right, Now, do we want to vote on this today of do you want to
wait until tomorrow? 1 think 1 would like to recomMend that we vote on this today, so
that the walk away from here having accomplished something. If you want to change it
tomorrow I'll recognise you for any alterations of any changes that you watt *-o make
tomorrow.
Mr. Andrews: May 1 make a suggestion Mr. Mayor that if you wish you adopt this as a
motion now and you'll have it before you tomorrow and then you can snake a resolution out
of it tomorrow.
Mayor Verret All right and we can change it tomorrow. You'll have time at;d you cart
change it anytime you wants But 1 think this -`-- I think this covers pretty well what the
comments that were made by Mr. hauredo, by Mt. Dorsett, by Prancine Thomas, and all of the
people-- Mr. Hall, 1 think we've covered in this thing just about every point that's been
brought up either by memorandum or by his speaker.
Pather Gibson: 1 tiove Mr. Mayor this is a motion that we accept these recommendations
as enumerated with the understanding that tomorrow we can make it a resolution and it is
subject to change.
Mayor Ferret All right, there is a motion and a second by Commissioner Reboso, is there
further discussion on the motion as made? If not, please call the roll.
The following motion was introduced by Commissioner Gibson, who
moved its adoption:
MOTION NO. 75-695
A MOTION AGREEING TO ACCEPT RECOMMENDATIONS ENUMERATED
BY THE MAYOR THIS DATE WITH RESPECT TO THE CITY'S
AFFIRMATIVE ACTION PROGRAM WITH THE UNDERSTANDING THAT
THEY WILL BE FORMALLY ADOPTED BY THE COMMISSION ON
JULY 31, 1975, SUBJECT TO ALTERATIONS AND OR ADDITIONS
AT THAT TIME, SAID RECOMMENDATIONS BEING AS FOLLOWS:
1. Monthly Fact Sheet on a Department/Division basis to include
people employed, on registers and on their way into the system
and to reflect turnover effective January 1, 1975.
2. 1 Hour (at least) at each Commission Meeting once a month to
discuss progress being made in the area of Affirmative Action.
3. Institution of a training program for the decision makers of
the City to delineate what Affirmative Action is, how the
law functions
4. Establishment of an Advisory Committee composed of Consumers,
Suppliers, the Administration, Employees, Civil Service Board,
Law Department, Minorities (Blacks, Latins and Women) and the
Public at large.
Request City Manager to come up with plan hopefully before the
end of August for a plan of 5 members or 9 members to constitute
membership of boards with the City Commission to receive
nominations.
5. Every Department Head to become a decision maker in the
Affirmative Action Program with representative of a minority
a woman, black or latin in every department, a co-functioneer
in Affirmative Action implementation,
6, Each Department to come up within next 30 days with an Affirmative
Action plan, discussed with the employees of the department to be
reviewed by the City Manager and submitted to the Affirmative Action
Agent, discussed by the Advisory Board and brought to the Commission
for ratification,
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JUL 3 01975
tt i
7. tstablishment of Affirmative Action Coordinator as an independent
function reporting directly to the City Comtttssiott with request
to the City Attorney to prepare a legal document based upon
federal law and letters received paying that we must implehettt
and that federal statutes supersede city statutes as to the
legality of this person reporting directly to the Commission.
g. Affirmative Attton Officer should be providedimmediately with
n fall time secretary.
�3. The taw department to be involved it the next Affirmative Action
proposal to be submitted to the Commission in September with
departmental and employee, consumer, etc. participation.
10. Office space for Affirmative Action program should be relocated
from its present position in the basement to another location.
11. Establishment of a Grievance procedure.
12. Put teeth into Affirmative Action defining sequel of performance
determining methods of enforcement.
13. Establish time schedule includingnumerical system requestit►k
the Law Department to research to be distributed to all interested
and concerned persons, a definition of "Accelerated Numercial Goals"
from the united States Department of Justice.
14. No meetings should be held to discuss any facets of Affirmative
Action unless representatives of minorities (Blacks, Latins and
Women), representatives of employee groups and the community at
largehave been notified to be present.
Upon being seconded by Commissioner Reboso, the motion was passed
and adopted by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner (Rev.) Theodore Gibson
ABSENT: Vice Mayor J.L.Plummer
Mayor Maurice A. Ferre
NOES: None.
ADJOURNMENT
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at:
5:35 O'Clock P. M.
ATTEST: H. D. SOUTHERN
City Clerk
RALPH G. ONGIE
Assistant City Clerk
MAURICE A. FERRE
Mayor
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