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HomeMy WebLinkAboutCC 1975-10-01 MinutesCITY of MIAMI COMMISSIQN MINUTES OF MEETING HELD ON October 1, l9►7S PREPARED GY THE CP:PI OP THE CITY CLERK CITY MALL 1 R ii5C: i t%: OF r1L I ii, , L i,'. riEP a i ", irk $i I C...I 1,,1 (,FEICAALS r.;3 ,rc,Le 0:4 r) . I. %ii 1! PRESENT ESENT RE_PP[7X TIA CITY a. At- lJru J i i. ./J _} relle REPRESENT i T HC halt ITIO, HE: ErMPLOY E GROUPS WLRL IN SESSION : 31,1 r . , Vice Mayor Plummer: ...Je:•: if.e F. L. Case who is detained to the Police Department t..e is the prerogative of Mr. : have no input. 1 merely say to you that as most cT request of the Justiee Dep get additional information and that is where: we are t, that I turn the chairmanshi I believe as we left it bet ion; Mr. Lloyd will be malci the employee groups but th out... fEPARr t:NT: iiiAMt : r?t: f %:i1ETT i t.c;� •1 � J 11,t , , LLJY:. R AL, (?GA:.i LAi .li,J; AND t.re re resentetive of the Franklin rota na.;kea that i possii,ie that no di .ussion pertaining pi ice until :ii can be preee:.t in these chambers. That w'ro w ..i take thit decision. 1 will • * r o rtoe reques'% cf Mr. ee entry. Let me r4 ..I: ,:w,:rt. ..at at the Tast meerine; it was the ic,: •�x t a1 so ':ha:. ::-Ley co::1,1 go back, reesses8, :nci , c-me b3,K .]'.. 1.at»l i,:te tC: ctmtinUr"' the discussion lay. () <i' ttis z,' it.z C.' Ink that p ova^r to 'he joint chairman. ot Mr. orc that the Justice Department wi: nq his and the: the; will be r,_:ad•j th:_..r, to dr?r•16e.. Now, Mr. it Is only proper Padgett and Mr. Lloyd. ' be making their posit- t"or input as to hearing adgett h..ive I laid it Mr. Squire Padgett: eepartmest. of Justice any', the Oftfi ..e of Revenue Sharing of the a*ep' art:t:en i .:lio i t". eesur y. The reason wi are :,erg' is as the Vice- Mayor stated, we are about to sit down and nee if we can't resolve the matter they've brought to the attention, at . ia: i initially on July llth. What we hoee to do is to attempt to resolve this matter i:, resolve it through negotiations as eat up by the Mayor of Miami. And that ;£ you recall, that set up was that it was going to be the representatives of various departments in Miami City government and a representat- ive or representatives from the various employee groups for the City of Miami. That is still our intention and what we woul-i hope to do is to at :east this afternoon accomplish that - have the various employees of the, or have the various representat- ives of the employee groups: identify themselves so we can set up some kind of arrange- ment of how we are going te attempt to resolve this matter. With that I turn it over to Mr. Lloyd. Mr. John Lloyd, City Attorney: Mr. Pade;ett, I concur in that and if it meets with your approval then we coul,t begin in our attempt at this to get the various repre- sentatives of the employee groups to identify themselves and then we may get some semblance of order as to hew you wish and I wish to hear the way they'll proceed. I wonder if we might do that then. I have no ideas as to how we shall proceed. If perhaps the authorized representatives of the employee groups could come up and identify themselves. I wonder, Mr. Clerk, if you could take down theit names as you do usually. I see Mr. Davis here for the Police Department. Perhaps he might as well start, Mr. Otis Davis. He is with the particular employee group in the Police Department, Sgt. Otis Davis. Mr. Otis Davis: My name is Otis Davis. I'm president of the M.C. P.D.A. and I'm here representing that unit. However, we would like also to have the attorney bore who is Messie Mc Crary. He did net have ample time to get here because it Mis late notice. So whatever, you know... 1 know today he would hardly be able to handle it today so possibly tomorrow if you could give us... Tilt. Padgett; I have no objection to Mr. Mc Crary being here and 1 think that any kind of.... We will probably not get into until tomorrow anyway. Mr. Davis; ©k, thank you. Me. Lena Naples: :ply name is Gene Naples and I'm President of the ASsociation of lire righters. Mr. Padgett: You're the president; Pimples; Yes, sir. I would just Bice to say tram the outset that I underatsnd, OCT 1 1975 I have just seen a copy of the consent der-ree that evidently has been the posessien of the city for s.,vc,ral days an:: I 1-lave not yet been jiver. . of this Consent Decree. I tear that we're --i'lartinc off . wro-g loot here. :t we're going to discuss anything here today certainly we shoulu have been given the opportuhity to see th1,4 document. We haven't gotten one yet and I would have hoped in our di s ussi)n wher you were here Last, nr. Fidrett that we would have been availei 111 :nfIrtiation of anything t'at went rn between the city and the Justice an,i the Treasury Department. As of now we have nut been furnished a copy of thi- hy the , ,ty and I'd like tc ask Mr. 1.loyd hew long the city has been in Ise ;sion of this document, Mr. Lloyd: Well, just a 1%.A't•r actually . have if Mr. P:iddtt has no objections to this i certainly don't. Mr. Padgett: Any objection Mr. Lloyd: Furnishing a ccrcy 'yr.Naples.... I :,u3t don't want to be put in the position of having to ;n ar.:l hundreds Mr. Naples: No, sir, we werf.1 7'17 7a1king a6cut the representatives and we were assured, as a matter of fat, we'd be dlven (topies of this. You know wf: can't really dlscas:; the decree itself intelligently unless we're had an opportunity to look at it. Mr. Paa,Tott: Agreed. Mr. Lloyd: We can arrange 'hat. Mr. Irving Weinsoff: Nr. i L.Ioy,!, I've r-vinc, Weins-cf, representing the Internal Order of Poli,—, 1q.:7! and 7'11 here with Char;ie Salerno who is going to act on behalf c:4 Ke% th- :'renident- ;11ii ike to say that at thi6 afternoon 1 a the I)rorled Consnr: 1;vcree. I've had only 15 minutes to look through and it is 20 page document and I think perhaps we ought to wait until Mr. Mc Crary. l'm using this as i way out, and put off dis- cussion until tomorruw 30 thatw :an have the oveninq to look this over. Mr. Padgett: I think if yc,u re-awhat we sata was there would not be nothing discussed concerning toe 1)( .;:- 1)epartment until Mr. Mo Crary or as a representat- ive of the black police ofticor, were able to meet and that goes for you zoo. Hopefully you'll ne able to sta:t....tomorrow. We thank you. Mr. James Cox: James Cox, President of the Miami P.B.A. 2,:r. Padgett: Mr. Cos, are you an officer in that organization? Mr. Cox: Yes, sir, I said I'm the president. Mr. T. J. Duggar, Jr.: My name is T. J. Duggar, Jr. and I'm the president of the Sanitation Employees Assoclation. Mt. Mike Comiskey: Mike Comiskey, Secretary Treasure, A.F.S.C.M.E. Sergeant G. M. Zenom: I'm Sgt. G. M. Zencs for the City of Miami Police Depart- ment. I'm President of the Miami Police Department's Hispanic American Confeder- ation. Mr. Frank A. Williams, Jr.: vrank A. Williams, Jr., Miiiu Dade General Employees Association. Mr. Daniel Holder: I don't knnow if it is appropriate to register under an employee group. My name is Daniel Holder. I'm with the Miami Advisory Committee on the Physically Handicapped. M.C. Lloyd: Is that all of the employee groepe? UNIDENTIFIED SPEAKZA: Mr, Lloyd, I don't oelieve that the American Federation of :tate, County and municipal Employees' Association had a representative identify. You did, I'm sorry, I missed it. Mg. Armee Thompson: My reele is Bruce Thompson and I'm a 111001130V of the new five mien or five peroon board aliointed by the City Commission et its last meeting on loot Thursday. I have thr e other members who are present with me now. I'd like tor them to identity theme lees. 2 OCT 1 1105 Mt. Bill Ftei*as: My neMe is mill F'reises, I'm chairman of the boar = i :_v.zara Merlon Jaycees. Mr. Miller Dawkins, I'iifi Miller t kits, Chairsitan of Public , 'm disc here as the newly eleeted Affirmative Action coanittee member ry:t ' i like to speak as a private citie n. Mr. padgettt May I ask a question? I'm sorry, go ahna l a..< ... _., r ,elf . Mr. figuel Conaalet Pandot My nattte is Miguel Gonzalez Panel:::. I'm vice chairman of S.A.L.A.D., Spanish American League Against Discrimination:. Ms. Tamara Bibb: My name is Tamara Bibb and I'm also recent., ..4-1,,,,,;te,.' t{' ch+ sannte committee. Mr. Padgett: Ok, would you go through the committee or t:.e again and what was the purpose it was created for. .' , s••rr, a. all of that. Mr. Bruce Thompson: The City Commission appointed at its rr.-et. ; :.:. 7":i.r3=ia}, ar. Affirmative Action Board to act as its liaison, if you w1.11, it: of .%ming up with recommendations about how to resolve the problem we're in r..c«. we have a problem at this point, we don't have any idea what is 'loin; on r:lay because we were not informed as to what would take place today sr, we'r.: !..._ ,.Ark as well as the other folk who just mentioned it. Mr. Padgett: All right, to the extent that we were a part of rha' r L we apologize. Mr. Rafael Villaveerdet Rafael Villaverde. I'm counselor tC the niam. ',�:.ct• Hispanic American Association. Mr. Padgett: Next would be if anybody has any kind of cuestion, ;y .c:c ;If partic- ular question we may be able to answer in more of a kind of. ciner..l nature. Mr. Thompson: I have one. I'd like for you to just give ;..,,, some what we hope to accomplish here today and tomorrow if you indicate we will be nc re tci::orrow. Mr. Padgett: Ok. Can I answer that in a little broader framework bemuse there :lave been some questions asked. After we met here we went back and we were provided with additional information. Ok? We were attempting to assess and analyze that information. Also during that period of time we have drat with any employee group tha solicited a meeting with us either here or in Washington attempting to find out what particular positions ware of the various employee groups, input that they might have, suggestions that they might have. Ok? I can't say that was with every group but the ones that solicited us, solicited that of us say in the last meeting we had here or contacted us subsequent to our trip down here we made every effort to sit down and meet with them and discuss positions or interests that they might have. Also subsequent to that time we had another meeting with the Miami City Attorney and that was more for the purposes of attempting to explain and amplify positions on various aspects of the Consent Order. Ok? One of the things that we've heard is that we had been attempting to negotiate behind everyone's back and these things. I would like to assure you none of that is going to happen. None of that has happened and no effort that I'm aware of has been made to establish any let's say hard line position. I think llr. Lloyd can amplify this if he would like. Mr. Lloyd: This is correct. As a natter of fact, I would categorize the session we had as a mutual information session. Me provided the Justice Department with sone further information, they provided us with some further information and the essence of streasaltninq this a bit we did have a working model of a proposed Consent Decree by the Justice Department. lie indiaa :eel. to :hem certain areas where we were cbstainly would recommend agreement by the city in certain areas which possibly could prove of some nature which would provide fax discussion later and this is the posture where we're at now. Mr. Padgett and the members of his team, Miss Lynda Jamison and Hiss Davis fre s the Treasury Department are here, of course, :.n do effort to see if we can arrive at an' agreed Consent Decree which the Federal Court would enter pursuant to our agreement. Me axe trying to arrive at an order or s decree which would be oospatable to all concerned which would be in consonance with the law and provide for no discrimination. I'm certain that in the part of Mr. Padgett and the part of ourseivee this is our ale and objective and I'm sure that we all feel that we are working hand in hand towards the end of accoeplishin, this. Mr. Dawkines Can I ask another question if you might? At any of the meetings that you mentioned thus ter that you've had with sons of the employee groups of VT WS the ? rivate meetings or the discussions that were carried on in -gs is it public information or woul i it be accessible to this new fiv, men b and Mr. Padgett: Well, let me :;ay it this way. t would think that th., meetings that we had with the employee groups were say informal and t don't even knew it we have notes from all of them but I think 1 can tell you who we stet with or the entacts we had and you can meet with those people if you would like. Thet may hr note helpful. Mr, t)awkits: One last question. This board was just named or apl:oint ,i lest Thursday and we have as of y t to meet. and to come with some officer:;, it you will, to represent the group officially in terms of nmailir►4 and what h v' y 'u. I would also like to know if it is passible for us to be contained en y{. 1r mail- ing list so that meetings of this nature we would have ample notifi:•.►tic th.►t our members can review Whatever is going to be disctussed prior to tee e scussion so that we can in fact, if we have any input or groups who would he cumin, ,.hrough us for input would have aMple notification so this can be done Mr. Padgett: we have no objection to that. In fact, tNID£:NTIrItb SPEAKER: I... (what has transpired. It is obvious that th'_.re aro many group.: ors•_► we find ourselves in the settle position today who :;.vo not 1, .cat, notified as to what the purpose of today's meeting is going to be er ? o ,t would documenc,; are going to be a part of this meeting and I'm just in tee interest of having al: parties involved clearly informed so they can be prepared tc, partici- pate in the di_,cussions I think this matter might help facilitate.•. Mr. Padlet.t : Ok, can t say something that you brought ,ape. Onc of time thing:; people are saying that they've had very short notice. We apologize for that but part of what has been transpiring here is when you have approximately let's say .,just up here 6 or 7 different people with different schedules it is almoet impossible to come up with a meeting date like a month in advance and we apologi.:e for that what we've been attempting to do, and I guess I've been kind of rc:•ponsible for this is kind of insisting on certain meeting dates and let anything else fall in line, let everybody else react to that. Because if we try to 30 different people's schedules we would never meet t;NI:i,NT:i•':.:.D SPEAKER: ....the material that is going to be discussed... the material in advance we can meet any date as long as you know what we're going to discuss when we meet. Mayor Ferret ' wonder if I might just briefly interrupt this beeaus.• I wunL just wart to make a simple statement and to all of you here and then I think we can move among. Is there anybody here representing the Anti -Defamation League? Are any of the members of the Anti -Defamation League present? Mr. Andrew P. Crouch: Mr. Mayor, we received a letter from them saying it would be impossible for them to be here today but they would be here if the process con- tinues. Mayor Ferret I'd like to go on the record and tell all of you what the dilemma is. On the one hand we have the Justice Department that has given us a consent decree which we have to discuss. There are a series and a variety of groups who have varied opinions on each of these important subjects that will come up. The differ- ent employee groups, the different members of the city Civil Service, the employees themselves and different civid groups who all want to participate should and are entitled to participate. Now I want to tell you that we have gotten a letter from the Anti -Defamation League which has been a great surprise and frankly of great con- cern. They have cited to me Mr. Padgett, the case of Kirkland versus I don't know what in New York and all these different laws and they are now telling us that if in their opinion we accept in negotiations with the Justice Department anything which can be construed as a quota system that they are going to go in and due the City of Miami. So here on the one side we have the Justice Department and of course you've got the money with the treasury and we've got to my amazement the Anti -Defamation League saying that if we agree to anything which they construe as quota they're going to sue and what I'm trying to say is thiss That the buck stops. in my opinion, with the City of Miami Commission and this commission is going to have the final say ar far as I'm concerned and we're going to have the final vote as to what we do or we don't do. Now the alternatives to that is, and I don't know I'm not Solaeton and I think we would have to have the wisdom of Solomon to say who is going to decide it. Who is going to make the final decision with the federal government? Is it going to be the Civil Service Board or is it going to be the employee groups that are affected or is it going to be the Civil Rights groups wiio think that they ought to make the decision or is it going to be the department heads' is it going to be 4 OCT1 1915 the chief of Police and the Vire (.thief i see, who io 1oin.t 1 Mak,' 11 .1t' ;fil•'ISi I think last time t kept qutnt t'ut 1 waM vvry tlietl:rhe'i .1ho'lt ,ai t 1iiml„ ►..►1 1011E thA1 wrtr 1o1nt4 on AA 10 Who IIAP 4t11fl4 to Nike the Op, t41oh. Now 1 1ht1th that whet we have to till is hAVr A rtreplett'ly open prt,em+ whole evrtyl"ty cuiq's and 'ants everything that they have on their mind into the tt'l',,t,t .91,0 t would likr hopefully, Mr. city Attorney and Mr, City Manager, that the tw'" :it you would be the coordinating pivotal factors in bringing together hepef!Iily a coalition of thought so that you cen represent hopefully a unanimr+ut opinion. If that is not possible then you're going to have to bring both sides ani3 this commission is going to have to make a decision. But t think the title is of the essence. We've got, in my opinion, this is something that ^Lent to be uone. We should not drag this on for four or five months. I'm sure the federal govern- ment would not let us do ;t that way and even if they would 1'd ee against it. So I just want to tell you that let's talk. Let's talk it all out, let each express an oeinion and then as l,ir as I'm concerned, and this is my own personal opinion and I've talked to the city Attorney and he has backed me on this, as I understand it the final bur hen i s going to fall on this C: ty of Miami commission. At that point sooner or later whether it is a weak, two weeks, three weeks or a month some time in the near future this commission is going to have to make a de vision as to what we will or won't do because the way I amm, looking _>,t i;: now, Rose and Father Gibson, and r don't know whether J. L. is here' or i'.anrio but t'm surti they're aware of it, we're going to have a lawsuit one way ur '. he other. There is no wal. we're going to get away from this without h.. vi:1.j any lawsuits and all I want to make sure is that we do this with deliberation, with a lot of ,:on- scientir;us thcught, with a lot of open dialogue and then the buck :,tops here, my friend - right on this table. That's all I wanted to say today. Mz. Miller Dawkins: I agree with things that 'have been said prior to now but I'd like to ask one question. Meetings, meetings, meetings, where do they stop? We've met with the Office of Civil Rights. We've met with the Justice Departrrent. We've met among ourselves. We keep meeting, we form committees; where will the action start: Now Mr. Lloyd says we've got to try this, we've got tc try that. They've tried everything but compliance with this Consent Decree. If you've tries every- thing why not just consent? Whatever it says do get about doing it. Ck, the other thing is there is no responsiveness to the coirrmission. We have the most people oriented commission that I've seen since I've been in Miami. They are atune to the problems in the community but they come right in here, and I can name instances and if you think I'm kidding go back and pull the minutes of every meeting includ- ing the ones we had on the police brutality. Instance after instance after instance the Mayor, Commissioner Gibson, Commissioner Gordon, Commissioner Reboso, Commissioner Mummer has told staff, "Go back, get things and bring it back to us." I'll cite one instance in particular. During the Police Hearings Commissioner Plummer told the Civil Service Secretary or whatever he was, "Go back and come back to this com- mission and tell it, what you need in order to attempt to meet this decree." He has yet to come back and tell the commission well I need $200,000. clan we have it. The problem has gone on for quite some time, Mr. Mayor and it is going to be here until like you say somebody decides to do it. You're going to have a court suit because everybody wants to go to court. But somewhere along the line black people and other minorities and the handicapped, these laws deal strictly with handi- capped women and what have you, all these laws. And if these people want to the federal government let then sue the federal government. Mayor Verve: I'm going to stay for your statement and then after that don't think I'm needed here and you can chair this meeting and I want to repeat now Ilene, what 1 hope comes out of all of this is a lot of dialog and then I hope some consensus. If that doesn't come then I want the record - and Mr. Clerk, 1 want you to hear this because I would expect that you would give this priority over anything else so that Mr. Manager and Mr. City Attorney, you will put together for the City Commission what the underlying issues are and what the issues are so that W3 can study then, under- stand them and then bring it up to the table for final decision. And then after that whoever wants to go to court can go to court. Mr. Gene Maples: Mr. Mayor, prior to your arrival I had stepped ur the microphone end identified myaelf and had stated that we are, we have an understanding at least that there is a Consent Decree that the city has had in its posession for some days row. If our purpose for getting here was to speak to that consent decree we have haven't peen furnished copies of it, we're completely unable to respond to whatever is them it that's what we're supposed to be discussing. kayor Ferrel Gene, Lill tell you that completely goes contrary to the express. statement that 1 made before these microphones and that Plummer raids that of tcrnoon. i cclspletely subscribe to the premise aad to the committwrit that I made to you and others here that anything we were going to talk about was going to be public intoraattion OCT 1 1975 If that hasn't: been done it is wrong. I apolclgitt! On behalf of, thee fcrr themsrlve:, if they want, but it is wrote; and I tell John tle" i ,t is tell Paul Andrews it is wrong and 1 hope that hOW as of today any i nt rmat thing that is discussed, any pel,nrm that we have i!► immediately tely given out distst+tnihation for study and t1,t+r, in the future nothing be Mohr unless all csted parties are coMpletely aware and informed. And that is the, will of mission. Hose, we've got a Maierity here. Do you disagree with that in tath-er? That tiverythinq that is done... Nosh, that everything that is d be open, and that everybely has to have all the information - not all of it. You're in agreement. That is the will of this t.or"unission as heard. Filmlcigite wren,,, I ton, Any f., t- pub l i e the inter - this (lit- any way? rho has to part of it, you just Mt. Naples: Well then I suggest that we get copies of this consent becree. Mr. Lloyd: Copies are beii;l made now, it takes some time le rem then off. Mayor Ferro: I' 11 just stay as an observer now and John, yogi chair oar ieetinq. Mr. Lloyd: Mr. Padgett, I would suggest in the light that we ear't do eny'h ng definitive here at this time that we simply hear from some of the.e pecple who are willinq to make statements. Would you agree to that, sir? Padges t : I have no objection to that. Mr. L,oyd: Alright, we'll begin in that fashion. I wonder if we ',mull lust' have people who wirh to make statements generally. Now those, cf course, who are depend* ant upon the proposed decree their statements can be deferred ur,t i l tomorrow until they have some time to study the decree. Hut those other members whe wish to make some statement at this time are invited to came up and give their names and begin. Is there any such? Seeing none, we'll go to some other subject matter. Let me state this fact that we will have the proposed Consent Decree which will be trans- mitted or available to the various employee groups this afternoon. Now, I also would like to stae that they will have to have first priority. We do not have a printinc press here to grind these things out. They have to be done by the Xerox method. It is tittle consuming and expensive so 1 would appreciate it if only those who are vitally interested in the thing get them first and then those who just have a secondary interest they will be available. But of course they are of primary interest to the various employee groups and those other groups who have a definite interest in the procedings. Mr. Padgett, is there anything further that we can discuss at this time until these people get this Consent Decree. Mr. Padgett: I can't think of anything off the top of my head unless somebody has some kind of very general or very specific questions and I can think or something, I can think of several peoples I received several letters from people involving the Miami Commission on the Handicapped. If they have any specific questions at this time I'd be happy to answer it. I received a letter from your lawyer and I tried to respond to it as directly as I could. While you're preparing yourself I think this gentleman has a question. Mr. Javier Bray: Yes, soy name is !levier Bray and I'st the chairman of the Spanish American League against discrimination - S.A.L.A.D.. The statement that I wanted to make is actually in the form of a request. Last Thursday at the Commission Meet- ing the Commission also requested of the City Manager a memorandum explaining what transpired in the meeting between city officials and the officials in the Depart- ment of Justice. What I'm asking very specifically is what information is that the City of Miami has given now in terms of employment figures, the work force of the City of Miatmit S.A.L.A.D. has challenged the figures that have been used by the city of Miami which differed from the figures that the Department of Justice has or that the Department of Justice mentions in the Consent Decree. We want to know what these adjustments are. And in addition, we want to know whether it is wpecif- icaliy separated those who are in a temporary basis, they're in a provisional basis in city employment under Manpower or under summer employment which is the kind of inflated figues that gave a distorted picture of what the troll composition of the work force was in terms of disputing your figures. Mr. Padgett: We were provided statistics ...and wort profile statistics by the city at the time that we sot with them when they were attempting to amplify them I think they wilt recall we had a number of questions related thereto and you have asked several of the questions that we were attempting to ask the city. Ok? As to say parttime employment, Manpower Seploy ss, employees on county payrolls that may be working for the city on some kind of summer program, that kind of thing. Those were our questions too and I think Mr. hulk will verify that we had a num, bet' of questions related thereto and we're attempting to get lemma answers related to that. so to answer your question wry shortly, we don't have an answer yet sithet s OCT1 WS ray: Ok, but these i igures will he ,w Liable pub lirally so that wr can St them here oh the haqift of knctwlc'tiae rather than having ,,. :sic ►n... Mr. Padgett: i can refer you to what was stated here last tine that the Mayer requested that the City Cttrk or people who were interested that certain informat ion would be available through the City Clerk if I'M not mistaken. Correct fie if I'm wrong. Mr. Lloyd: That is correct. Mr. Dray: Ok, where do I got this information now? Do I 'art it with the Affirms ative Action Coordinator? Mr. Padgett: I'm not the one to ask. I think that question is more properly directed towards Mr. Bray: ...in order to be able to discuss it rather fully we have to be informed because otherwise to come here and make general statement., I don't think that is gcing to produce any productive results. I think that we have tc be very specific when we talk about the problem. Mr. Lloyd: Mr. Padgett, if it meets with your approve Miss Anne Nicol, the Affirm- ative Action Coordinator for the city is here. She does have sone figures at this moment and I'm not personally familiar with all the ramifications of these figures by of any explanation. Miss Nicol, do you care to make any statement? Mr. Padget:: Can she prepare her statement since he's been standing for quite a while? You'd just as soon wait too. Miss Anne Nicol: On a monthly basis the departments have been providing their employ ment statistics to my office. They have been reproduced for the month ending August 31st. There are approximately 30 copies that were printed. I can have them in the City Clerk's office by tomorrow. One copy would have to remain there. There were more than 29 requests. We have to have them printed. The forms right now are in excess of 125 pages, a rather lengthy report from each department. Mr. Lloyd: What about the break down of employees as to part time employees, manpower employees and that versus regular employees? Miss Nicol: The only way that information can be captured, sir, is manually. We don't have the capability at this point to break that information down through Data Processing. We received Data Processing reports semi-annually. They are incomplete and must be manually massaged to come up with that information. At this Data Processing Report because of certain inadequacies within the system itself managed to be a month and a half late at the earliest. Therefore, figures as of 1, July, 1975 are available in the middle of August at the earliest. This happens to be a quirk within the system and it is a rather lot of manual compilation of statistics on a monthly basis and again on a semi-annual basis from Data Processing. Mr. Lloyd: In any event, you do have this monthly report ready with 25 or 30 copies of which will be available in the Clerk's Office tomorrow. Miss Nicol: If you remember motion No. 75-767 passed the last meetiny of July requested or ordered each department to report to my office by the 5th of the month and my office to have it by the 1Sth. Unfortunately we're not meeting those deadlines because of for example, the Police Department report takes 64 person hours to compile each month and it is an additional burden upon the depart- ment mainly because we don't have the automatic Data Processing capabilities to do this and all of the data must qe generated manually. Mr. Lloyd: Is there any way that you could Owe a reasonably accurate estimate of the amount of regular personnel versus the amount of part time or manpower per- sonnel or is that impossible? Miss Nicol: It's not impossible, it requires my manually going through each list- ing on a computer print out and identifying the job by the job code number and refer - is' back to a master list. it most all be done manually and then tabulated in the five cross -out way and added up on the calculator. It involves a tremendous amount of person hours in compiling raw data. Mrs have the date. unfortunately we don't have the capability of bringing it out in our synthesised or summarised fora which is easy, quick and ieeiepensive. Mr. Lloyd: All right. Thank you for the information. Does that answer your question, Mr. SALAD. my representative of SALT M 7 OCT 1 '$75 Mr. Stay: You're the first one to call Me Mr. SALAD. Hio, sir, the a. -;wen- ie certainly not satisfactory when WV are talking about what is at stake :. rr in t unfit or nn1y evens Sharing funds. To think that the City of Miami has not made. a calculator availabl: to Miss Nicol is ridiculous. I think, and 1 have gone_ many times to her offi :e and through her files and I'm trying to take the same kind of reading from the raw data and I think that I have capabilities than she has to process that information. But in a Meeting here several weeks ago SALAD was the only institution that was able to give a reasonably accurate profile of the work force in the City of Miami where we displayed in here some very rough made graphs... We at least should paint a picture giving that prof• i'e if we cannot take the most :accurate kind of calculator processed information at this point.... Mr. . Lloyd: Do we have data available to us now from you? Mr. Hiay: Yes, you have it available from me in this report to some o tend and you have it available much better from your own sources.... Mr. Lloyd: ...I don't hay( the authority but I will transmit your message to the appropriate ones. Mr. Bray: Thank you very much and I hope that my participation in this and of other civic groups in here is taken in terms that we are trying to help. We are trying to help. We are trt.ing to assist the City of Miami to do a job. We're not trying to make it any more difficult for you and I think that the kind of internal problems and Mickey Mouse kind of crap that you have inside of the bureaucracy is what is making it so difficult to do the job. Mr. Lloyd: Any other statements? Oh yes, excuse me. I'm sorry, sir. You will state your name and addrese for the record, please. Mr. Daniel Holder: Yes, my name is Daniel Holder. As I said I'm before I'm in the Miami Advisory Committee for the Physically Handicapped. This is the committee appointed by the city commission to advise the commission. My question basically is a specific question, is why when your group was down here last time and when year group was concerned with I believe all of the other minorities was there nothing said about the physically handicapped. This was a time when as may still be the City of Miami had discriminatory practices in their physical standards for employ- ment which would keep the itvsically handicapped out of jobs. It was an obvious thing and I wonder why that question was not brought up by your committee. Mr. Padgett: Let me answer that as best I can. There is a general answer and then there is a very specific answer. Let me answer the last part first. One sort of thing tha' is at iesue here in a number of the City hiring practices is visible standards. When we have found evidence that they are not job related and have had a detrimental impact on one of the, on the.... Ok, now for the other question related specifically to the handicapped that question goes several ways. one is that the Department of Justice and the office of Revenue Sharing is responsi- ble for a specific factors. Ok, even those...no discrimination on the basis of race, color, sex and national origin they then go on to say on what basis and what in addition to ... It identifies classification....national origin, sex and race. Ok, that would include almost everybody that is also handicapped but the specifics for these vocational and Rehabilitation Acts of 1973 not part of the ...Department of Justice to enforce. I attempted to explain that to a lawyer for, and you can correct me if i'e wrong, but I thought the lawyer in addition to being on the council for the Handicapped also represented a handicapped organisation. Am I accurate? Mr. Holder: He's with Dade P,tiploy the Handicapped Mr. Padgett: Yes, Ok. And 1 attempted to explain attempted to explain to hits who to get in touch at that is because the Department of Justice does not enforce Vocational Rehabilitation Acts of 73. Committee also, yes. to him what I just told you and H.E.W.. The reason I'm saying have any authority to do it.... Mr. Holder: Basically what you're saying is at this point then is it in the compliance order there will be nothing covering the physically disabled? Kr. Padgett: Not with specificity saying like the Vocational Rehabilitation Act of 1973. You know I have 1,0 control over that... Let see go on to say that's alx:ci is responsibility of N.E.W. is fact, they have a specific division that is responsible for that. Ok? ... And that's the weakness of that, I don't say a weakness of that fascet bu that's the my that tascet was construed. Mr. Ho/des: And under the Affirmative Action Pisa there is still a reparation between N.E.M. and the Justtee Divrtasnt OCT 1 1975 Mr. Padget*: In so far as this particular act Which has specific provision in it...to obtain c bepartatent of Justice to litigate. That is..... but it is lust not there. ok? ..Office of Revenue• Sharing once is to refer it to thn not ducking yntit question Mr. Lloyd: Am• further obtoe•tte+tttltM At !hitt Ik1 t%t? lh •t•, nnt.•h ;0►•m have no further general dim: • ies E _tne oft the !tub1ert Mattel And in view . 1 the tat t that most parties of interest hove determined that they would wish t e, yet copies of the proposed decree before making any further cements, Mr. Padgett, if you feel about this that there is nothing further that we can accomplish here today until we get this decree in hand to these people should adjourn until tomorrow? What is your feeling on that? Mt. Padgett: That's fine with me. You know i think if anyone is .?'iucated we can accomplish much more than we can by bitting here and talking around each other. Mr. Lloyd: All right. This gentleman has Mx. T. J. Duggar: My name is T. J. Duggar, t'r from the Sanitatio Department. What is my concern and 1 know it is the concern of others that work for the city and I know it is the concern of i_ach one of the department heads. Now in our department we have... what we call a career opportunity and it is the first time that any of the men down in the ranks have had a tide to work their way up through the ranks to different positions as iobbers except some of them haven't made the management positions for other reasons. Now our concern with, and I know the department heads, how are they going to go about snaking this equalization of different Latins and woven or whatever? I don't understand. I'm sure there are a 1ot...from our own interpretation...for you to explain because that is our concern in our department. Mr. Padgett: All right, could I ask one thing? Let me explain. One of the specific departments that we met with or employee groups that we met with was Mr. Duggar and the Sanitation employees. We specifically met with them and we addressed the concerns that they had. I think Mr. Lloyd can testify to this and I hope when you get a copy of the proposed consent ordinance you'll look at the specific recommendations that we made concerning the Sanitation Department and then after that if you're dissatisfied and want to come back at us or the city, please feel free. Ok? Can I handle it that way for the time being? Mr. Duggar: Yes, really because you now there seems to be a lot of break down of communications from the Affirmative Action Board when it gets back to a depart- rent head; like they say they had to be this and they had to do that and right away they want to jump into the water because you know without even stopping and asking nobody they're getting the information clear. It seems to me that through all the city cars and the communication lines and the telephones like that they could make some kind of a decision about how they're going to hire or promote anybody in the department. And there are lot of ways that...different employee groups which you can see here today but nobody seems to really. in my opinion, know what is going on. Mr. Padgett: Yes. i think rather than have me respond to that I think I can refer that to the city. Mr. Lloyd: Well. we'll do our best on that one and, of course, for starters we'll get you as well as the others; your nets is on the list, Mr. Duggar to get the copy of this proposed decree. I have here 9 persons who have listed themselves as inter- ested in getting copies. We will have available I believe 20 copies. They will either be available now or shortly. Yes, Nr. Williams, you're one of those. Shall I read the names so that you all will know? Otis Silvis, Gene Naples, Irving Weisoff, T. J. Duggar, Jr., !like Comiskey, sqt. hens, Frank Williams, Jr., Bruce Thcnpeon and Raul viliaverdo. Those are the ones that have expressed an interest. We will have as I said 20 copies available. After those persons who have priority get their copies the others will be 'wettable. tore they are now. So I wonder if you geetlemen who have requested copies will step up and get them. Mr. Padgett: Mr. Lloyd, i think before this.... Mr. Li ; We haven't said what tins, Nr. Padgett. What time would you prefer? Mr. Padgett; 1 thought the vice Mayor said 9s00 A.M. tomorrow morning. That Wass my understandinq. Sr. Lloyds ls00 A.S. is fine. 9 OCT 1IPS Mr. Paialk: Mr. Lloyd, I thick before this reeeeses that some other t.i,.nc;s ought to be discussed quite frankly because 2 think that the people who navy s3ked fnt and have for the most part now received copies of the Consent Decree, the working Consent Decree for discussion purposes that was submitted to us when we were in Washington that the significance of what has been presented to the city should be identified to the people as thry review this, as they go over to have an under- standing that although this is a Consent Decry which has been submitted for dis- cussion purposes it is not necessarily the instrument that may evolve. And like- wise, thy understanding thatwe were given by Mr. Padgett in Washington, the tact that something less than a Consent Decree will not be acceptable. I think that that's important that every'ne should knew and I appreciate a great deal the noise and the lack of understanding of the message I'm attempting to get across to the people who I think ought to have an understanding of it. But that's most import- ant. This is a problem that we have to deal with and they have advised us that in event that a Consent Decree is not worked out we will find ourselves in court and 1 believe, Mr. Padgett, that's what you indicated to us. Mr. Padgett: I did indicate that.. Mr. Pau1k: I think that is important for everynne to know as Consent Decree and have an 4nderstanding as to how it affects employees and the people wt.-) wish to seek employment with the they go over this the city, the City of Miami. Mr. Lloyd: A.nd I would al. : assame that Mr. Padgett has some kind of as time schedule that he doesn't : -itend to have the Mr. Padgett: That is corm _•t meat it will be our j udgem. n t enter into a Consent Decrer . a clear impass...lead us into the right. :t:. H:, ITT<'t'. , and we are hopeful and I guess in the final a3Se'SiS,. as to say there's sincerity or how likely we are to As I stated before, if it looks like we have reached court. I think there is another question over on I thought we would be speaking on the Consent Decree. I believe that the City Commission is interested in including all factions in the final Affirmative Action Program that they come up with. And since you will be speaking specifically on the Consent Decree tomorrow perhaps this would be a good time to mention a few factors considering the handicapped. Mr. Padgett: Ok. Can I ,isk that maybe it would be better if you, and I'm not opposed to taking them but you know I think everybody is abandoning the place... maybe you and me can sit do>wn over a table and you can present your position and that kind of thing. Ok? It may be helpful. Mr. Holder: Well, Mayor Ferre did say that he intended to go over the record and for that reason I wanted tc, get into the record some of the problems involved. Mr. Padgett: Ok, let me make this clear. We are not opposed to including some- thing on the handicapped in the Consent Decree and if the city wants to accept it fine. You know it is just that we don't have authority. Mr. Holder: I understand that. Mr. Padgett: But I understand your position too but if the city is willing to do it and the Mayor... That's fine, if I were you I .... Mr. Holder: Ok. Very quickly the handicapped as I've mentioned before have been i t t out of most of the AFf i ra ativs Action Programs and when lass have come up prohibiting discrimination the handicapped have also been Sett out. We believe very strongly that it is time that they be included both in the Affirmative Act- ion and in any of the anti -discrimination laws. The United states Civil Service Commission has drawn up the guidelines for the state and local governments and I'd like to have this put in the record. I'll give a copy to the clerk. I would like to say also that the handicapped are not asking that goals be set, that quotas be met. We're asking only that the city take down the artificial barriers that have been keeping the handicapped out of employment. I heard a statement second hand that ther had been some 300 blacks and 340 Spanish surnames hired by the City of Miami in a certain given period. I believe in that same period there was per- haps one person who was handicapped hired by the city. As I said we're not asking for quotas, we ask tor fair physical standards. We ask that buildings and facil- ities be made accessible to the handicapped. We aik that the edninistrators who are doing the hiring be given mentioning or some how have their minds stretched to the point that they can think of the handicapped people in terns of their specific abilities and that they wi l i be able to change where necessary physical set ups or possibly ears at the jab requirements to allow the handicapped to do the job that 10 OCT1 W5 they're well able to dta. I'll give this to thi Clserk• It is required that the guidelines be met for the Health iucation and Welfare and I don't think the City wants to come back and have a session with them, t think it would be a very good time to yet all of this put togtther [>1 the tame package with your consent Decree. 'thank you. Mr. Lloydi Mr. Padgett have atthUUunced he has nothing further. tf there are nu further questions before we adjourn the meeting i can say that we arc attrtnptinq to run off wove more copies. New I think there are one or two or three persons who have to have the copies. After that as many copies as we have here are avail- able. It is just a 'sitter of mechanics to grind out a number of copies. Mr. weinaof:, Mr. Lloyd, when will wsr meet tOMOrros, what tithe? Mr. Lloyd: 9*00 A.M. here at this serve place. All right, then as far as I'm concerned the meeting say he adjourned at this time until 9 O'Clock tomorrow morning. 11 OCT1 W6