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HomeMy WebLinkAboutCC 1975-10-04 MinutesITY IAM CO MI OF MEETING HELD ON N TES PROPOSED CONSENT DECREE . OF JUSTICE moNDAY, OCTOBER 6, 1975 PREPARED BY THE aFFICE Cif TW ,117 CLERK c. TY 41AI I. e. V. SOUT0104 (44 Cle0 RALPO 00.1(41 4%44st.(or MINUTES OF SPECIAL COMMISSION MEETING MO4DAY, OCTOBER 5, 1975 **•.0.0• On the 6th day of October. 197 City of Miami, Florida met in Speci Maurice A. Terre to consider busine Mayor Ferre announced the purl-) wad to discuss the proposed Affirms for the City of Miami with the Depa The meeting was called orde the following members of the Commis 5, The City Commission of the al Session caller; by Mayor ss of public import. :use cf this Special Meeting tive Action Consent Decree rtment of Justice. r at 10:05 C'C1ock A.M. with sign found to be present: COMMLSSICNERNER ROSE GQRDON COMMISSIOMAyOLO KEBOU0 COMMISSIO�NER NEV. ERE DORE UNISON VJCE MAYOR J. L P UMMER MAYOR MAURICE A. bERRE An invocation was deCivea:ed by Kcve''lend Gibson teho then ted those ptesent i:' a ptedge ob atCcgiancc to the Mayor Ferrel Ladies anus yLntlemen, the reason why we're having a Special Meeting this morning is because as you know the Justice Department was here last week and there were a weries of meetings that were held. I'm sorry that we had to do it on whort notice and that there was some confusion about the time. It just so happened, however, that every single day of this week there would be one commissioner absent for one reason or another and we really literally spent hours of time working try- ing to get everybody coordinated so we could have a meeting. At first we thought it would have to be on Wednesday because that was the only time we could seem to get everybody together. Then Wednesday fell apart. I will be out of town Friday. Others will be out of town Thursday, 'Tuesday, Wednesday and this is the only time that we had available ever. though I must say for the record that Rose Gordon had to come back from out of town just to be present today and that we must break at exact- ly 11:30 so we have 1 hour and 20 minutes and if we need more time we're going to have to schedule some additional time. It may not be able to be done this week but there is no way that we can go beyond 1:30. I have a firm committment to one of the members of the commission because there is an unbreakable date that must be mat shortly after 11:30. So I just want to say at the outset that we will break at 11:30 on the second - that means not 5 minutes earlier, we might break earlier but not five minutes later. So I don't want anybody getting upset when 11:30 canes around. Now here is the foremat I would hope that we would follow today. I think what we really have to do today is find out exactly where we stand. Since we have a time constraint I would like to at this point just say that we will hear only from the administration and from the Law Department. If it goes beyond that then i will set some very rigid time constraints so that we'll have some order and be able to get through by 11:30 at least in the informative part. I don't anybody to misunderstand. I don't have any pretentions of saying that such a complicated matter can be solved in an hour and 15 minutes. So I don't want anybody to misunder- stand that we're coming to a conclusion today. i don't expect that we will. This Ls a matter that has been hanging on for a long long time and there is no way to solve it in this short a time. I would hope, however, that this commission will get full information and that everybody will know exactly whore everybody stands so that we can then read all of this information that we have gotten and cows to a cosclus_ conclusion. I would hops at the earliest opportunity and if we can't do it this week certainly by the first part of next week to come to an end on this. Nev. Gibson: MR. Mayor, before we begin I !sops when they schedule the next meet- ing that they don't do next time what they did this time. They told us the meet - tog was to be on Wednesday and then around 1, 1:30 yesterday I got a call that the meeting is this morning. I want to say this for the record - I live by schedule. I was scheduled to be a part of a conferenoe on Mimi Beach this morning. My name is printed. something I don't do. I don't let you print my name and I don't show because you then get the reputation of being a no-show. So they scheduled the meeting - I wasn't consulted, wasn't informed and as early as 7:30 I was on the phone tryiaq to cancel out. i don't like that. If, you know folk cancsidd theirs too. I just went to wake sure everybody understands that. Ok. Mayor Ferns rather, ay apologies to you. It was just one of these things that we just couldn't work out and I hops that we can avoid these kind of conflicts in the future. OCT 6 191S Mt. P luMeer : Mr, Ms* , so there will be nm mteuna Ming I want the record also cleat that it web my understanding that this Dernrrg's meeting would solely be for the purposes of bringing this comMissi.)n up to date Es to what is eoinq on. And I think, Mr. Mayor, if you deviate fro that in any way a finger can be pointed at this coMMAssion that if the first person other than the adeinistrat- ion or the Law bepartarent is allowed to talk this Morning that we have been un fair because there are some people that are not here this morning representing certain segements. so it would be my hope, Mr. Mayer, that wA will have what I was told - a presentation by the Manager and by the Law Department bringing us up to date as to what is goinc on informing es and them we will ':lose it. If that takes a half hour, fine. Mayor Ferre: I think that is a valid point. Mt. Plumtmer: I don't think we should ? l,w any person to speak un l uss all of them have been notified, all of them are here anr! i don't see that here this morning. Mayor Ferre: That's what I want to ask you next. Were all the various differ- ent groups notified? Mr. Andrews: We made every effort `e do so and the City Clerk sent telegrams to a certain number of people yesterday in nn effort to have them here. We attempted to communicate with everyon'- at 8 O'Clock this horning by telephone. WE have their telephone listing. it was not possible to get in touch with everyone and my recommendation to the commission was going to be exactly what you're intending to do now ;and that is for information to be presented to you and you're not to taste ahy action on that information at this time and then cask Mr. Mayor, you then charge the City Clerk with making sure that these minutes are typed up today if at all possible and distributed to everyone so that they have the benefit of, those who are not in attendance would have the benefit of what has taken place this morning by certainly tomorrow morning. Mayor Ferret A11 right. sir. With that in mind and with that as a guideline I think it is the only fair way to approach this. Mt. Andrews: Would you expand, Mr. Mayor, one more member of the city government to be included as far as imparting information to the commission and that is Mr. Paulk who is representing the Civil Service Board. Mayor Ferret I see that Attorney Jessie Mc Crary just walked in and I'll just very briefly repeat that .1 apologize for this meeting being called the way it has. Unfortunately , we couldn't get everybody together at any other time other than this and it is an inconvenience to a lot of people and a lot of people that would have liked to have beer. here are not here. As a consequence of that, Jessie, we will not do anything here but listen to the report of the Administration and by that I include the City Attorney and the Civil Service Board, that we will not hoar from the different groups. Because if we do that two things will happen. WE must break by 11:30. We roust. That's the only way I can get everybody together. I made that commitment. And secondly that there are a lot of people that would like to be here to talk that are not here and i cannot let one group talk without hav- ing the courtesy of letting the other groups talk. So obviously we're not going to finish anything today. This is just for information purposes and then beyond this I think we'll have to call another tweeting in which everybody will then be allowed to present their viewpoint and their position before the commission deliber- ates on it. Yes, of course. Mr. Jessie Mc Crary: Jessie Mc Crary, on behalf of the Cosmuunity Police Benevolent Association. I'd like to know whether or not, what the administration is going to give to you are recommendations or they simply going to relate, regurgitate to you what took place. Mayor Ferret I don't know what the administration is going to do because I can't speak for the administration and I think the point is this that what we want today is information as to what has happened and where w stand as they see it. That is what we were asking. Now if out of it comes some recommendations then fine. i have no objections to that. As far as I'm concerned then this is open to the pub- lic. Everybody will know exactly where the administration stands and we will have to call a Special Meeting where everybody caw pact to it one way or the other. Mr. Mc Crary: tut the commission is not deciding on anything today. Mayor term: Absolutely not! Nes. Gordon: I'll tell you I'm not prepared to make any decisions. • 2 OCT i 197S Mayor Ferret This 1 just tor information pur on with it.... /el I think we'd better get Mr. PLummert one dick thing, Mt. Mayor, because I think it should be a part of the record and Jessie is well aware. As you aiirected, Mr. Mayor, you dent lire forth to chair the meeting the other day and in discussion with Mr.p Adgett It was stated by him that the commission is normally not involved at that level of meeting and we were kind of like suggested that we could leave. I told him at that time that if he wanted me or any other members of this commission we were on one hour notice, that we could be gathered together and at his suggestion I then left. Mrs. Gordon: I did too because of the sane comments that were made and that's why I think today is important to us. Mr. Plummert It was MrP ldgett's comment which stated that at the level that they were discussing at the time that the commission shr-uld not be involved or usually is not involved and because of that I think is the reason of this meet.. ing today so that we know what has happened in those two days. Mayor Ferret All right, let's get along with it now. I would like to, Mr. Lloyd, I'm going to address myself to you to begin this whole thing. The main thing that I think we should begin with, as you may recall, Mr. Lloyd, was that there was some question as to who actually was authorized legally to sign for the City of Miami since it is addressed th:: the United States of America versus the City of Miami in the Consent Decree. Now, I took the position that the final say was going to be made by this commission and 1 asked you since there had been some questions as to whet.;or or _ leg. i1y we are entitles: tc have that final -gay: there were some questions as to whether or not it was the Civil Service Board or in conjuction with us the Civil Service Board who shared responsibility. I took the position that this is the City of Miami Commission's resposibility, that we are legally bound by it and we're going to make the decision. Mr. Plumper: Who has questioned that? Mayor Ferre: I have been questioned by Mr. Paulk and the Civil Service Board and they're here present today and I want to aeain the deliberations today by clarif- ication and legal clarification. You've had plenty of time to research it now. I would assume you are ready to give us an answer. Mr. Lloyds Yes, sir. The answer is that the City Commission will make the final decision. Mayor Ferre: All right, sir. Are there any questions on that? Rev. Gibson: Mr. Mayor, I don't like that answer. Whether the City Commission will make the final decision or is the City Commission authorized to make it. Mr. Lloyd: Yes, sir. Rev Gibson: By the Charter? This is what I want you to respond to, Mr. Lloyd. By the Charter the buck stops with the 5 of us. Is that right? Mr. Lloyd: Yes, sir. Rev. Gibson: Ok, let's put the show on now. Mayor Ferre: You see, that's the difference, he went to law school. Even if it was for one day you can see the affects of it. Thank you very much, Father, I appreciate that clarification. All right, Mr. Paul,. Mr. Robert Paulk, Executive Secretary of the Civil Service Board: Mr. Mayor and members of the commission, to set the record straight the one who has raised the question has been myself. I don't know that the board has raised that question. !Mayor Perre: It was a valid question. Mr. Faulk: Right, and I wanted to raise it so that I could be guided by what the board's involvement and activities should be within trying to assist the adminis- tration and to make the decisions with regard to what has to be done if something ' uit be done if something must be done in the fors of a Consent Decree. It Ls op understanding that the board under the Charter is charged with the responsibility of identifying the method of employing applicants into the various classifications throughout the city and also setting forth the requirements and developing ememinet•'" ions. OCT II 1 5 Mayor Ferre: I'M no . 'Meyer, Mr. Paulk, but I woulf.iike for the City Attorney to tell me whenever i Make a mistake in telling ;;nA and ;i t you this answer, Mr. Paulk: As I understand it the way thn law wrtks is that county law supersedes city law and state iAws r►tapersndr county laws. federal laws when we're i nv4lved in fediern i matters supernoden t h. i c y laws. That includes the Ch.;,ter. Now it the Charter say; one thin which is contrary to whit the 1964 Civil Rights Act as emended in .e's under the Title VII in 1972 which is federal lair which affects the cite- that !supersedes the City of Miami Chatter. And since the federal government is than putting as I understand the onus on the City of Y.iami. It says federal governemnt versus City of Miami. We, the five of es are the elected efficials who are to set the policy of the City c_ Mia:ri and therefore, as I u:derstana it (and I want the City Attorney to slap me if I'm :;tone} from what ho has :=aiu it is our responsibility to negotiate anal fin,-:-:.e with the federal government and nobody else's. Mr. Lloyd: Yes, sir, it is the Law Department aid tee administration's respon- sibility to advise you properly as to w;.a; :aa ets you. s :o•___.. :orFi er within the city framework of governmete :r. -na hoc your final decision. Sow 1 person- ally am ready to make a report to you :as tr> what has happene a f you're ready. Mt. Mayor. Sqt. Ken Harrison: Mr. Mayer; if 1 -+.g:, wear ss the commission to the very point that you've raised. : l, r: le ..:c'; the ci:.on or weinion rendered here but I don't think that ..sa and : am ama ti -.ha-._ the mayor would brine that up. The e•ejective here i= Ls come tc a workable Consent Decree and . we're all i Ji;Si_. ins the tiding. That's the objective of this commission and the employee groups end all the people that are involved in it and I think that is one of the most superfulous points to bring up at this point in time. Let's get a Consent Decree moving and let's negot- ite and make it work. Mayor Ferre: Lieutenant, so that you're not so amazed and so surprised let the explain to you where I'm .omirg from. I want to make sure that the record reflects at the outset and the begining who has the authority because I don't want to get into a hacsle with you, with Jessie :c Crary, wit': Ctis, with Bobby Pauik, with anybody else who comes un here and says at the 4iddle of thus thing or towards the end, "Wait a moment, you've got no authority to do that.' Because all I'm saying is I want to establish who is the quarter back and the quarter back is the five people on this commission and 1 want that abundantly clear at the outset, not in the middle or the end. Sgt. Harrison: And I would suggest to the Mayor that he find out what "Et Al" means in this action and fine out what Involverent those groups have as far as this Consent Decree goes. You're the final signature on that I have no prob- lems with that. But there is involvement required .:rom those grows. Mayor Ferre: That's not what we're talking about. AS you well know the involve- ment has been open to everybody who wants to participate and it is today. The point that I'm trying to make is that I'm not a lawyer and as I understand it Lieutenann, neither are you. And all I'm trying to do is establish the legality of it. Now to do that we've got somebody called the City Attorney who by Charter is instructed to do what he is doing and I've asked his legal opinion as to who ha the responsibility. He's given it - it is the City of Miami Commission. As far as I'm concerned I'm ready to begin. Mr. Lloyds Mr. Mayor, I'm prepared to make a report. In the first place, of course, on Friday afternoon, MrJ'adeett of the Justice Department suggested we'd gone as tar as we could into the discussion..; that some direction or indication or policy of the City Commission regarding areas of disagreement would be helpful. Thereupon, we arrived at this meeting idea at which time we will make a report to you now. Now Mr. Pageant plats to return this Friday to see if we can arrive at some agreement. Now the proposed Consent Decree contains 12 paragraphs eth certain exceptions we have reached some agreement or working understanding on a number of the paragraphs which i will ennudmerate. Now, I want to note this. Any understanding or agreement is only that this understanding will be presented to this City Commission for approval ad that it will only be recommended. And of course, I'm speaking now only of reoow- sendations which I will sake with regard to this City Commission. obviously, the City Commission will render its approval solely on natters involving the City Ciommmie- sion. if there is anything else involving other defendants the City Commission will not render any decision on that particular aspect. Now I would like to note briefly the paragraph where there appears to be an understanding or whew we fowl an under- standing can be reached subject, at course, to final decision as so aptly phrased • "the buck Stops Mere" by this City Commi ss ion . Now, so that you will understand 4 OCT 8 IDS the background of this w have been pedinq in our .°liberations paragraph by paragraph. Now, as i said there are twwlw, paragraphs in this proposed Con- sent Der by the Justice tllpartMent. The opening page Aria half of sO i s merely the preliminary legal phtases with restpectto the L:onwot Decree. 4n therefore, paragraph (1) we have basically redehest an understan+llne in Varayreph (1) with the !reception of underlined - all p'reelas in active eonrett car partici- pation with them in the performance of city functions.... Mr. Plummer: Wait a minute, John. I'm sorry but I want it stated for the record that t accept that this decree was supposedly delivered to my house last night and i will be truthful with you, wt don't check rn it bones on Sunday night. Now obvious- ly it is probably still there. So are we talking about this document which I was given this morning? Now is that what we're tdiking about? Mr. Lloyd: Yes, sir. tt is on page 2 and 1 will briefly ekplain each paragraph. Mr. Plummer: because t have not had the opportunity to read this at all and I don't know if anybody else has. Mayor Ferret J. L „ that's exactly what the purpose of this meeting is is for us t ready it and go over it and get the report. Mr. Plummer: Mr. Mayor, that's well and good but I don't have a number 2. I start with 3(a). Mayor Terre: No, he's talkie;:; about page 2 which you alrealy have before you. Mr. Plummer: It's not marked page 2. A11 right, this one here? All right. Mayor Ferres Why don't you start at page (1), Mr. City Attorney. This is called in the United States District Court... It is called Civil Action....Consent Decree for discussion purposes only 9/17/75 and starts off with the plaintiff, United States of America has filed this complaint bla, hie. Mr. Plummer: Yes, but you see, Mr. Mayor, yours is different than mine. Well Ok, fine. but you see, down at the bottom of ours somebody has marked in October 1, 1975 and the Mayor doesn't have that on his. Mayor Ferre: Ok, because one was the one they recommended and this is the most recent one. I stand corrected. Now we're all looking at the setae one. It still reads: Plaintiff: United States of America has filed its complaint in this act- ion against the City of Miami alleging that the defendants and so on. Now, the first page, if we'll all turn to the first page I think is just standard legal language. We get to the meat of it and that is where the City Attorney is at. It: the second page which is in Item 01. Is that. correct. Mr. City Attorney? Mr. Lloyds Yes, sir. Right after where it says it is therefore ordered ajudged and decreed as follows: Now then, that paragraph generally permanently enjoins and restrains the City from engaging in any practice which is considered to be an unlawful discrimination. Obviously there can be no problem with that paragraph. We should agree with that one in my opinion. There should be no discrimination on the basis of race, sex or national origin. That is strictly from the words right of the statute. Mayor Ferree Mow I don't know how in the word you can get a report from the City Attorney unless the City Attorney goes to the basic document and tells you what they, the City sttorney and the City Manager and the administration have agreed. That's their report. Mow there is no question that Jessie Mc Crary and that lieutenant, the firs fighters and the police and the different organisations are going to have different opinions on some of those things. Mr. Plummer: In other words, all you're goie+g to do is just state what happened. Mr. Lloyds I'm attempting to if I get a chancel Mr. Andrews. Mr. Mayor and members of the ces mission, let ma assist else, I hope I'm assisting, in asking you to consider the following; That when this informat- ion is presented to you and you give further direction at the conclusion of all this information to the City Manager and particularly to the City Attorney so that this document snt can be put into a form wbimb we can present to the Justice Department and after having received reasonable concurrence from them without any stipulation that the commission has completely agreed with this document it would comets back to the City Commission tor review and you can isle the decision then to have en open hearing and ge trough the document paragraph by paragraph to cote to a final eon• elusion. • 3 OCT 6 1,5 4 Mayor ferret Mr. Andrews, I think you know we've been saying that. This is jolt about the fourth time that that's repeated. All you're doing here is we are getting on a page by page description what the administration and what the City Attorney and I will permit Mr. Faulk to discuss these particular items. Mew, beyond here I would hope that this is all printed Out. We are not going to deliberate here. I will call out of order any caaMissioner who wants to get into an argument or a discussion about one item for or against at this titre. We are to hear your report period. That does not mean we concur with it. That does not mean that we agree with. That does rot mean that this is what the City of Miami position is. It 'Net leans that thr is where you are as of this morning.. you are. That doesn't Mean that hat'r, where anybody else is including me. Mr. Lloyd: Now, then, let me say this for clarification purposes. In three days of the meeting we heard from a number of people with suggestions as to changes. These have all been noted in the record. Some of these, there will be some changes according to what some of these pee_1e have suggested. What. I'm talking about now is general understanding. Mayor Ferret Mr. Lloyd, let re rc.l.eat - We :art only interested today in what your opinion is and what the Manager's opinion is and what Mr. Pau!k's opinion is. We are not going to go beyond that. so whatever you have incorporated into your opinion, that you have deleted, that you have changed, that you have expanded on you tell us about it. That's all we want '.o do. We want to be informed this morning. Mr. Plummer: I disagree. I'm sorry, Mr. Mayor, I dn't wont to know his opinion. I am sitting here this morning for the basis of a report of what happened Thursday and Friday. I don't want to hear his opinion, his or Mr. Paulk's. I want to know what happened those two days. I understood that that was what this meeting was all about. You call me out of order if you want. Mayor ?erre: Mr. Plummer, let me tell you what the problem with that is. If you want these people to be reporters as to what happened then I would advise that you get the tapes or that you get the procedings and read them. Because es I understand it that's all a matte: of record and if we start doing that then you nay as well have a replay of everything that was said in two days of meetings. AS I understand it what we're rnaeti.rg here or and I will rule at this time as the chairman of this committee as the Mayor of Miami that we are to get the report of the administration's and the City Attorney's report as to what they would like to recommend for us to consider. Beyond that we could get onto some future date where the disagreements are point by point. And y just want to get into the record were the administration and where the City attorney and where the Civil Service are at as of today. Now otherwise we're going to sit here to get a report, a repetative of waht has happened and we just may as well adjourn now and get the minutes and take the time to read them. Mr. Plummer: Ok, I've made my objection. Mayor Ferrel Proceed. Mx. Lloyds Paragraph (2) was discussed as to recruitment. First the paragraph states that the City shall continue to develop a present recruitment program. With some minor changes there has been a general understanding between the Justice Department and the administration. 1:ayor Ferro; Mr. Lloyd, let no repeat again that if in your deliberations Thurs- day and Friday there are any changes that you or the administration want to point out that is exactly what I would hope you would do this morning. Mr. Lloyd; One of the changes was, if 1 remember correctly, that it would be possible for the city to enlarge the recruiting area.- Now this is a suggestion provided that some in the testing credit would be given for persons residing in the City of Miami in the examinations. Mayor Terres Now let me understand what you're saying again that this is a recommendation that tbs recruitment area be enlasgod. Do you moan beyond the City of Miami boundaries? se. Lloyds less, this was a discussion. I'm correct or. that, 8m I not, Mr. Paulk? Mr. Paulks That is correct. Mt. Lloyds Well, I don't recall anything else that was discussed with regard to that pazagraph. OCT a 175 Mr. Paulkt Only to wx clarity as to Mr. fedstetts intending as t the last sentence within the paragraph - paragraph 2•a t believe it is. Which (i will rend) it is understood the present recruiting area i,; the City Uinta of the City of Miami and such schools, organisations and Media utilised shall be consistent with this pslicy. We did advise the Justice Department officials when we were in washingtOn that the board had taken action to restrict recruiting to the City of Miami. All applicants must be residents of the City of Miami. however, we likewise advised the Justice Department at that time that certain exceptions had been made where there was difficulty in the recruitment for certain specaialised positions. I think there are about 6 positions which have been exsepted at this time. I wanted to be certain that by the understanding and the inclusion of this sentence what their feeling was with regard to later on latitude or authority of the board or the city on the basis of need if we find that we cannot subscribe or can't recruit sufficiently with this present policy that the board may have the latitude to expand the recruitment area. They related back to us this past 'Thursday or Friday, and I'm not sure which day now, that with the inclusion of this sentence it would only be able to be expanded - the recruitment are - only through their agreement which may also have to seek the approval of the judge who would sign this. I felt that that would be extremely difficult for the city because it would be en extremely timely process to (1) identify the fact that we're having difficulty in recruiting for this job, whatever this job ist that we must expand the perimeters of recruitment area and then engage in some discussions with the Justice Department tosecure that authority to expand that recruitment base and then get the judge to sign it. So I felt that if the latitude within this sentence would provide the the city the opportunity to expand that because there is a need to do so without going through all the maneuvering of having to get the Justice Department and the judge to agree that I have no objection to it. But it was their feeling that they would have to be involved if this is contained the way it is. So I think that... There also was the identification of the fact that some discussion was made about in expanding that provides a means by which those applicants who are residents of the city could be given some preferential points such as Veterans are given such as 5 points. Mayor Ferre: Anything else on this item? Mr. Looyd: I did get the impression that with that expansion proviso that the Justice Department would have no objection to that. Mr. Faulk: 1 didn't see that they had registered any. I'm agreeable with that. Mayor Ferrel Let's move on now as quickly as possible. We have a time perimeter that we're running against. (2-b). Mr. Lloyd: The proposal that was made by myself and the administration with respect to (b)... Mayor Ferre: Any questions on that? Mr. Lloyds Again the Fire Department was a proposal made by the Law Department ad the administration after the Fire Department had made its own proposal and it basically tracks the Fire Department proposal and this appears to be consistent with what... Mayor Ferre: I can't permit others than the administration to get into the discussion because if I permit one then there is no way I can deny it to somebody else and if we get into that we're just not going to get through this document from the administration's viewpoint. Now I recognise that there are going to be substantial disagreements as we go along and I'm not saying that you will not have your opportunity. You will but not today. Alright, Mr. Paulk. Nt. Lloyd: Do you have anything to add on that one, Nr. Faulk? Fire fighters? air. ?sulk: No, I have nothing to add on that. Our one concern was with regard to the SO% quota • not quota but goal - insofar es the recruitment of people who are in the recruitment program and in the studies that are undertaken in the identi- fication because there will be people who will amply as was the case last year through the Affirmative 10ecruLtasnt Program there were additional people who didn't by pass that but came through the normal recruitment procedure in asking their application at the Civil Service Board Office. So this doss pose some pre -bless and the commission should be aware of that. Nr. Lloyds I might say that we will seek to resolve this problem with the Civil Service bard. these Ls selection procsdiues. Now then, on three A there is a problem area. Specifically with the testing procedures. Now their proposal says OCTd W5 that the tests shall` shown, established by the Equal Employment Opportunit on employees selection procedures refering to 1607 and the following. New then, it has beer ion and out own that these regulations are sue that the law is that these standards establish case entitled to rate, weight or defference. proposal on that basis which has not been accc n accoriLee with standards CoTflt s ion in its guide:Ines 29, Code of federal regulations the administration's interpretat- : that they abolish all tests and A are according to the t riggs 4e are attempting to make a counter pted by the Justice [)epartment. Mayor Ferrel What is your counter proposal siecifically? Mr. Lloyd: Like i said, these guidelines on c shall be entitled to great :iefference in our t words they will be guidelines not absolute cri This has been our suggesti(n ani our problem administration feels that as I do that this w* criteria these procedures that it would make ures excdpt possibly some einimum skill tests. Mr. Paulk. mployees selection procedures eating procedures. in otter teria which must be followed. gain Civil Service -wise the ul.d, if we accept it as absolute nvalid all of the testing proced- If you invision that problem, Mr. Paulk: Yes, sir. It you can .:nderstand, and I know that you do, that there are some 200 in approxirnat=ly 50 classificati. ns throughout this city in which many of them we're testing with some frs?quencperhaps at least once a year. If we do not have the latitude to test we could lave some very serious problems. Now realizing that of 250 classifications that in order to follow the provisions of the EtOC guidelines in developinc ,a ioh valid test under their guidelines it would take us several years in order to proceed in *hat direction. I think that it would be more in line honestly to be able to continue using tests where there is content validation or validity and to proceed very me'hodically in under taking the test validation procedures to develop the kind of .est under the ki:id of test under that procedure outlined in this E_R regulations. Mr. Lloyd: Mr. Mayor, I dislike interrupting Mr. Faulk but Mr. Paulk, if we proceed in this detailed fashion we're never going to get through this and there are items 5, 6, 7 & 8 which merit very serious consider,tion and we must get... I'm just making a statement for the record that we've tot to get to those things so I'm goit►q to have to proceed a littl. faster. Mayor Terre: Alright, go ahead. We're now on Item A and you're starting with A-1 2, 3. Mr. Lloyd: Yes. We have no particular probl sm with those as far as the Law Depart- ment is concerned. Now education requirement; of no ... There may be some minor problems but I don't hink of anything of any ;teat moment. "B" Education require- ments. Background investigation - no problem. These were discussed routinely, shall I say. Personnel Pre -employment interview; all these basically say is that background investigation, employment interviews do the some for everybody. The Medical examin- ation...0 6 D just simply say that everythin; will be the same for everybody. Mayor Ferret Mr. Lloyd, I was just not following you because... Mr. Lloyd: I apologise because I may be going too fast. Item E, Medical Examinat- io4. I got the impression that the counter proposal and Mr. Paulk, correct if I'm tin ong, was basically agreed to by the Justice Department, there are some minor changes solely with respect to wording. I hink on line 8 where it says a differing diagnosis additional medical examination. Wasn't that it, Mr. Paulk? Mr. Baulks That is correct. There was a coe.nter proposal put together by Mr. Lloyd. it gives more clarity with the same understaiding. Mr. Lloyds It says the same thing it is just a little more clear as to the basic... Yes, sir, you have that in the beginning. Ycv have that in the beginning of your packet. Mr. Baulks It is 3 (e), Mr. Mayor. Mayor Ferro: I see it in the beginning. Ok. 3(e) the Medical Examination, the medical or physical examination required of 41 applicants. Is that it? Shall be the same tor all applicants in accordance with job requirements whenever an applicant... Now was that acceptable? Mr. Lloyd: it appeared to be, yes, air. Mayor Ferrel You're tailing me now that thin is acceptable to the government. Was — then any controversy? OCTd W5 Mr. Pau i#t: t don't th nk they did, John. I think the) agreed with the concept. PIi. Lloydt They agreed with the concept. The wording tray be.... Mayor Ferrel Was there any controversy an this item? Mr. Lloyd: Yes, there was but the controversy was mihot. Basically it was on a differing diagnosis. It was semantics. I don't think it is important. Now the Criminal Record this, of course, has to be a counter proposal on the basis of the Florida State Statute& and, of course, the State Statute with respect to police officers states that a police officer, a record of criminal conviction may be used to reject an applicant only if the applicant has been convicted of a felony or a misdemeanor OCT for police and fire. Mayor Ferre:All right, --- Mr. Lloyd: --minimum age, little 4, this is still open for discussion because the Justice Department wishes to have the minimum aid for pollee of Mr. Paulk:---that is under 5 Mr. Lloyd, ---- Mr. Lloyd: --minimum age, we are ok with 4 as to firefighters, ---under that there was a question as to whether or not, it would be under there, whether or not there should be, --the Justice Dept. wanted police officers added to that, Mr. Paulk:--right,--- Mr. Lloyd: which we objected, and cur rounter proposal I think was twenty and one-half. Mayor Ferre: What does that mean': Mr. Lloyd --age, 20 years and 6 months, and the reason for that is that they may be admitted to the academy and it takes approximately 6 month to complete the processing, by the time they would be processed, they would be age 21 and there would be no delay in getting them on the force at age 21. That, no agreement has been reached on, ---although I can say this, the Justice Dept. was impressed by our public service aid program. Now, 1 am ready to go on to 5 regarding the police academy, the only problem with that one was, which we reminded the Justice tkpt.was, that it says 'training for entry level police officers shall be administered tc Blacks, Latins and women ontae same terms, under the same conditions as such training is administered to white Anglo males. That says the training will be administered on the sane basis for everybody. We agree to the concept. The only question we raise was that we do not control the police academy, or the Southeast Institute and this suggestion was made. Well perhaps you can exercise some with the police academy and by virtue of the influence you have with them, you can basically control it and if they don't do it,then you could consider removing yourself from the academy, which has already been discussed. So on that basis I think we can safely agree to that, because certainly, if the academy would not do that. I think in al fairness this commission should, ----I am expressing an opinion but I don't know how else to do it. I think we can safely accept this. I think it is a valid premise, and I again apologize for the opinion, but I think this is one of the reasons why I would accept. Now, then, assignment, this is open, and we have problems, I think basically with definitions. The Justice Dept. definition of assignment is different than our definition. and Mr. Paulk if you can very briefly, because ire are reaching 11 o'clock, give a brief explanation of the term 'assignment'. Mr. Paulk: Assignment under their analogy, and in title 7, deals with the initial asployaunt. promotions, relocation of people and takes in all kinds of things. Our definition of assignment is where one will work following his employment. he or she may be employed in one particular Job, and that job has many different areas in which it may be utilised. Consequently there are times when one is re assigned from one physical location to another, from traffic to patrol, for instance in the police department, or to motor squads, and those things did come up because they were quite concerned about assignment and how people are assigned but there is a difference in what our perceptions ars with reward to whist assignments should be and what they feel they must be. so we haven't resolved that. Mr. Lloyd: There is a possibility that this can be worked out. We come to 411, the sanitation department. $y way of preliminary discussion, t would like to state this, that Mr. Paulk originally had realised that thus are problems here which must be faced. And regardin$ the sanitation department. Ms. Ougisr of the Union of the Sanitation Workers union, made a presentation and the result of that presentation. and Nr. Paulk's previous recognition of the problems and the previous discussion with Justice Dept. officials, the agreement. attar discussion the Justice Dept. accepted the proposal gads by Mr. Dagger and Mr. Paulk. that they wet together. Mr. bugger made quite a d:st tatioe upon some of the problems which did exist, many of which Mr. Paulk had alrsdy delineated and recognised and the upshot of the matter was, that at the Justice liptmaat's suggestion. Mr. Faulk Nr. Dagger and other otticiais agreed to must and apparently haw met. and Proms 10 0 1975 proposathe Justice Department, while h the Justice Department indicated that cautiously, they would be delighted to have it and probably accept it. This is whet you have just received. Mr. Paulk: That is correct. Mr. Lloyd: i have not keen it either until is not a part of this and should not have been. of a .Justice Department proposal which this was disseminated to the public obviously because it is a proposal which has been made and which wil this moment and indeed it This is strictly on the basis done. And it has not been has just bee prepared.This 1 be discussed. Mayor Perre: This has not been discussed. Mr. Paulk: Not with the Justice Department. Mr. Lloyd: No, sir. ----- Mayor Ferre: What is the position of the administration and the City Attorney on it? Mr. Lloyd: Well, our position is, that we agree with Mr. Paulk and the people in the sanitation department that there are problems which should be ironed out. I can't that this does it yet, because I haven't seen it. Hopefully the administration and the various members of the Union and other people convened with this have arrived at something which will hopefully will cure the present situation. Mayor Ferre: Who is this recommended by? This statement? Mr. Paulk: This is recommended by myself Mr. Mayor in concert with representatives from the Sanitation Employees Association. They have reviewed it and they are in agreement with it. There is one area we have not touched upon and that is the assignement of waste collector, and when I say that there are two functions of waste collector in which they are either in trash or garbage and we don't have a provision within that. Mayor Ferre: You said representatives of the department, Mr. Paulk:_---I said the Sanitation Employees' Association, not the department. Mayor Ferre: All right, Mr. Lloyd: But I can see this does address itself to two particular problem areas, is that correct, Mr. Paulk and Mt. Dogger, who as I see is in the audience. Mr. Paulk:Yes, they have seen this. and they are in agreement with it. I am sorry. there was a mother of the department who was there, but I as not sure he as seen what has been written up. Mayor Perret Let's continue. it is 11 o'clock. Mr. Lloyd: We are now on paragraph C. Police Department. and my notes reflect that there have been some objections to this. on page 10. paragraph C would be i-C, my recollections are, that there have been objections to this to certain elements of this. raised by Maj. Gunn and problems have been discussed with regard to time in grads reduction. I think in addition to that. there were some problems made with rate, and my suggestion was that we eliminate all reference to retest and just make a selection process which would be fair equitable and without discrimination to everybody. and that apparently eliminated some of the problem but I think Major Gunn indicated some specific problem areas where certain types of individuals wore selected specifically for assignments in the detective bureau actually on the bats of ethnic background or race due to the specific problem that existed wit) respect to the investigation ,----- Nr. AMMrwrs i •-or who haad spsctal qualifications,- 11 OCT $ '5 • Mr. wh.• hid spa. t t i special qualifications would be, were they hi -lingual, or wet. the\ black, or of specific ehtnic variety of some such thing, but I think the basic probler was a question concerning; rate and very possibly there could be a resolution basically on the process which I have selected within certain areas where selection must be made on the basis of particular qualifications, that everybody be given a fair chance with due recognition for the particular qualifications for the job. Ana 1 basically correct on that? Mr. Faulk: There is a problem with the effect of selecting white Anglo males with at a higher rate from Blacks, Latins or women because it with that phrase in there, with the numbers that exist presently. The rate may be that Anglo Saxons may be assigned, in proportion to their numbers, and there may not be adequate numbers of Blacks and Latins and women for consideration with regard to that. So that does pose some problems in the assig:v ent of people and also perhaps in the selection, and employing, and in promotions as well. Mr. Lloyd: This was one of the reasons why the suggestion was made that it be done on the basis of, fair, and .:quitably to everybody. Paragraph 5, and : am going to r.iert:on all of the paragraphs, to tell you that there is a specific prooiett with each of these paragraphs. With respect to paragraph 5, for goals, with respect to paragraph 6, after term 'affected class' and with respect to paragraph 7, and paragraph 5E, promotions and with respect to paragraph 8, back pay, there are specific, ---- Mayor Ferrer paragrph what? Mr. Lloyg:--paragraph 8, back pay, Mayor Fe rre:--from 5 to 8, promotion and transfer pool, and 8, back pay, okav,-----pages 10 through 14,------ Mr. Lloyd: ----yes, now, then, if you will refer to paragraph 5, goals, on page 10, paragraph 5-A, specif'_cally, you will notice on the following sub paragraphs, 1,2,3,4 and 5, there are percentages, each paragraph refers to certain categories of positions, with certair. percentages listed for each now, here is where, the discussion arose. It arose over the term 'work force', ---- the Justice Department :n the first place was not adamant on these particular. figures. It was suggested by them that we accept the U.S. Department of Census or Standards or statistics on this I should say. Our question was, do we have the statistics. The statistics were gotten from Washington, but those are not -do not, refer to specific ;gib categories. They simply refer generally to groups of persons and we indicated that we felt, or was felt by the adminitration. that it should be according to specific, ----any figures should be worked for according to job categories. Attention was called to the Washington plan. The Washington Plan is the plan which was worked out between the Justice Departmeet and certain labor unions in Washington, at which time percentages were established as goals for each job category rather than just population. Mayor Fsrre:Let me ask you this question, Mr. Lloyd. Do we have statistical information to bask this up, that is published by the federal goverment bureau, or State bureau that are dependable? Mr. Lloyd: No sir, this is the problem. The Bureau of Labor Statistics does not have this. Mayor Ferro: How in the world can the Federal Government, the Justice Department expect us to we guideliass in the use of work force according to what they haw seen happen in Washington and some other place may have that type of information, when it is not available in the City of Miami. Mr. Lloyd: The problem is this was where the difference in the interpretation arose between ourselves and the Justice Department. Their interpretation was that the labor statistics with respect to generally the work force was sufficient.----ve told then our interpretation was 'work force' want with specific reference to each job category. :his is where we had the problem. Mayor Ferro: It wens to me like it is their problem more than ours because 1 dow't see how in the world if something doesn't exist, they can 12 OCT 8 1/375 4 require us to abide by it. Can you clear that up? Mr. Lloyd: The only thing that I can tell you is, is reference to certain statements. Of course we have a letter from the Dept. of the Treasury say we must establish goals and time tables. of course their idea of goals mean percentages. In Sec. 41, or vol. 41 of the Code of federal Regulations, refers to contractor with a broad definition of contractors, which includes all contractors instead of merely buiiding contractors, it provides specific guidelines as to what the meaning of job categories is, which i do not intend to go into this morning which is quite lengthy, but basically it comes dowel to this, and I are reading from an interpretation by, of all things, of Vol. 41 that particular section by a Philadelphia lawyer, pardon the expression, but I all, but he brings it down, he says, 'the statistical make-up by protected class of employees already in the employer's work force, a percentage of skilled and trained and :available employees ot the protected class who might be available for each joh category in the general job Market from which the employer recruits, of course referring to 41 C fr. part 60-2, which is an internal guide, he states, to compliance officers and analyzing the employer's affirmative action plan. Sow, then, he also defines 'goals' and I don't think 1 need to go into the definition of a goal at this time. I provided everyone of you with our definition of the term 'goals'---- MayorFerre: John, you still haven't mention my question. Mr. Lloyd: What is your question? Mayor Ferre: My question specifically is, --we are getting into the details of all of this and I am getting lost, I don't know about anybody else here, but I got lost in all this shuffle, --the disagreement in the definition of 'work force', ----as I understand it, in other communities, the federal government the Department of Labor, the Department of Commerce, or whatever it is, comes out with a specific definition and percentage in describing what the work force is. That does not exist within the boundaries that we call the City of Miami which is what is involved. Mr. Lloyd: Idon't see that it does, your Honor. Mayor Ferre: If the City of Miami does not have specific statistical data in the definition of what our work force is, then how can the federal government expect us to go by those guidelines. That is my question to you. Can somebody answer that? Mr. Lloyd: I can't :answer it myself , because the question basically was what we asked them, and indeed we did make a couter proposal on that basis. I haven't seen any statistics. When I see statistics perhaps we can arf ive at sons consideration, but I haven't seen any, and perhaps our affirm Uve Action Coordinator can shed sone light on this. Mayor Ferre: We have 15 minutes left. Mr. Paulk: The only thing I would say, is that did identify the available work force to us, based on their figures. and it dealt with 20.4 Slacks, 46.9 Latins. 44 percent female. a combination of all. Mayor Ferre: Give me those figures again. Mr. Faulk: 20.4 Blacks, 46.9 Latins, and 44 percent female. They are not together now, they won't add up to the same. It has to do with male vs female. Our concern. as Mr. Lloyd has tried to outline to you is that the work force is meet necessarily identified by that,a nd I think you used the illustration at one time. Mr. Mayor with regard to attorneys some week or so back. I could be wrong. but I remember hearing this discussed. We may have a thousand attorneys available in this area, 2Z of them. I think as our coordinator hers would indicate ors female, so many are slacks, so irony are Latins. and this is the kind of thin. statistically that we woad like to identify to set goals upon, an individual classification, job. boctus* when you attempting to recruit attorneys, if they an sot available to qua:itity. representative as to the female, for instance. 442. then it is an ua-re+listic goal to try and achieve that sort of a balance, wiwa ve talk of attorney, and the same thing could happen over and over again with tbs various classifications. and that is what ve ar@ attempting to do, sonstbla* 13 OCT mn that is more realistic it the area of goals. Mayor Ferrel I understand what the problem is, but I don't understand what the solution is. Mr. Lloyd: i wont too make a statement first, of course the police department ---we have stated in this decree, that with respect to the police departeettt, the City will abide by the terse of that decree so as far as the police department is contented, those are already established, so this refers to other than the police, ----- Mayor Terre: Now are they established? Mr. Lloyd: by the Cohen decree, so that is not part of this consideration. Mayor Ferrel Anne Nicol wants to say something Mr. Lloyd. Ma. Anne Nicol: Anne Nicol, Affirmative Action Coordinator for the City, this was a point that I brought up, and it is my understanding from my discussion with Mr. Padgett, I would have to check the transcript to be absolutely certain but what we are trying to do was to establish the best available statistics.fihey may not be as accurate as the gross statistics brought out by the Labor Department but there are statistics available. For example the membership rolls of the Florida Bar Association, professional and union :membership rolls which keep records according to race, sex, national origin, and the Justice Dept and the City, if they would agree as to what the sources were,for best available statistics and therefore our statistics and our goals would be different by job category in some cases, and other cases by actual job classification and that were better statistics available, in the future, for example. Chambers of Commerce, keep vaious statistics, we would agree on the best available and use them rather than blanket or Mayor Ferre: We are going to go to the electrical unions statistics and the carpenters statistics, --- Ms. Nicol: ----in order to be fair sir „ ----- Mayor Ferre:--and the Florida Bar Association statistics, is that what you are saying? Ms. Nicol: The affirmative action officers in the departments have already been directed to do that, in order to get reasonable statistics. Mayor Farce: If i understand it, what you are telling me is, if we go out and hire electricians for the City of !Bari, we would then go to the electrical unions statistics, right? Ns. Nicol: -----amount others. Mayor Ferre: What others would you go to? Ms. NtcolsIt would be by job category, the 8 job categories that the federal government delineates for EEO 4 reports and in soars cases, for example attorney positions, trapped union neubers,--- Mayor Terre: I an not talking about the highly skilled professional, -- Ms. Enrols --an electrician would be a crafts person. Mayor Ferre: So you would go to the union record? Ms. Nicol: If the justice department and the city agreed, -----that that was the best available statistic, it might be tempered by statistics which cons 1uss tlortda employment service, it eight be tempered by statistics which come [meths labor department. It is not hard amd fast and the point we were trying to arke, about the city'e point, vas that while we don't west to have statistics which are unfair, w don't wet them stair in either direction, it 202 is too low, the city's poaitias as far as 1 as coecsrned is that we west it burr, but it SOX is too h eh based on availability of workers, we wart it lover. io we are Was to agree on what is best available. It mew be simple, OCT 6 1as 14 co.Merce department, labor department, it mat' be More enmpiex, but wr want the fairness to everybody involved. Mr. Plummer: Get Mr. McCreary to tell you the guide lines that were set in the beginning. Mayor Ferre: Obviously we are going to have some problems. This is nit a time where we are going to have all these things put out, because I am sure every side is going to have a different opinion on this, and this is the real heart of this consent decree and eventually I am quite sure that the majority of the people are going to spend most of the time discussing three items. Mr. Lloyd; I think I ought to continue to finish this, so we can get it done. Mr. Andrews: Mr. Mayor before he continues I would like to make one observation in reference to these goals, and that is we have to recognize as much as I find this difficult to say, the City Commission is going to have to snake some serious considerations in reference tc civil service 1.w, when we get around tc looking at these goals, because behind all of this is the civil service requirements. I` they don't produce the kinds of people on registers through the processes that we are going to use, in order to meet these goals, we will never achieve a goal. Mayor Ferre: I understand. But now you are talking about basic charter change. Mr. Andrews: Yes, Mr. Lloyd: No. 6, paragraph 6, A and B, we have difficulty in understanding what they mean and I have suggested to the justice Department that those A and B are probably unacceptable as, --- Mayor Ferre: Tell me again, Mr. Lloyd:--B, affected class, A and B are probably unaccept, ah, I am not making the opinion, I am stating this is what I have indicated to the Justice Department,----6-C, what this does, I have indicated to the Justice Department, is remove by agreement the city's right to have its day in court to contest any decisions being made by the Justice Department and to blindly accept it. What this would do, as I have indicated to the Justuce Department would be in any possible law suit brought by somebody for monetary damages we would be in court discussing the issue of damages only, providing the Justice Department, in its wisdom, decided there was discrimination, we would be bound by that and ve have removed ourselves from our rights in court by this. Mayor Ferre: In other words we would substitute the Justice Department for the City of Miami and they would be running the whole city. Mr. Lloyd: Yes, -----that is what it says, all Blacks, Latins, women, whom identifies as having been discriminatoriaily denied employment or terminated. So this removes all discretion on the part of City officials. Mayor Ferre: All right, ----- Mr. Lloyd: The promotion or transfer pool I believe is still open and ve made some suggestions which we haven't really come to grips with that with the Justice Department yet, and Mr. Faulk seems to think that very probably ve may be able to iron out some of the difficulties and has made some suggestions. !would like to get on to, -----say no more about that if I may and get down to the next matter, becasse we are getting late, then if there is any further questions we can get into that. Nov bank pay, Mayor Perr. t That is item 8 on page 1A,---- Mr. Lloyat Yes, sir. I have informed the Justice Department that in my opinion the City cannot legally agree to the concept of payment of back pay, because of iriortda coestitional provtsio.s and otherwise. there the matter steeds. 15 OCT6 V5 Mr. Lloyd: Whet this Says is , it left out a couple ul items, but basically what out contention was in there, and I have suggested thnt either the paragraph in my opinion ought to he removed entirely nr just simply may the parties ate in disagreement over back pay. Mayor Ferre: All right, — Mr. Lloyd: As I have told the Justice Department in my opinion as the City Attorney, the City cannot legally agree to this. Mayor Fevre: Iwant 14 A and 14 3, pages, ---- Mr. Lloyd: The record keeping, there 19 nothing particular to report on that, the administration, ----that is an administration area, and the adminis- tration indicated to the .Justice Department that there was no real problem on that, am I correct on that Mr. Paulk? Mr. Paulk: Correct, -- Mr. Lloyd: I think you had some suggestions but I believe that with the understandings which were made with the rest of this that is no problem. Is that correct? Mr. Paulk: On this A, I didn't see any problems with the rest of it, or B either, Mr. Lloyd: I think Mr. Parades may have something to add on that. I think Mr. Andrews indicates no difficulty with that. Mr. Faulk: The only difficulty obviously is going to be additional expense in accomlishing this, and that is something we will have to face within many facets that are contained here. Mr. Lloyd: Basically that concludes our presentation here. Mayor Ferre: There is nothing else on page 15 or 16, Mr. Lloyd: No, we will have a suggested paragraph on paragraph 58 regarding a motion. Mayor Ferre: What page are you on now? Mr. Lloyd: It is paragraph 5 B on promotions, but it hasn't been completed yet and my statement to you that it is still under discussion is still valid. Mayor Ferre: On page 12, you are saying there is a new paragraph. Mr. Lloyd: No, we are saying that we will be able to present very shortly to the Justice Department a proposal, it has not been finally prepared yet. Mayor Ferre: By we you mean theLaw Department? Mr. Lloyd: --and the edminstration. yes. -----ho fully we will be doing so. Mayor Ferre: We don't have that before us at this time. Mr. Lloyd: No, sir you don't have that before you at this time. The real big problem areas are paragraph S, goals, and basically it amounts to a question of the determination of the percentage points, if any and a solution as to how to work them. I night add, that in addition to what the Justice Department waisted was, that yearly increments be considered and yearly reports be sole with respect to these tecreesnts to the Justice Department. And the last words of lir. Padgett were, he would like to get some indiciatioa wry shortly of the policy of the Commission regarding these areas. Napes Terre: okay.-- 16 OCT 6 1975 Mr. Lloyd: That is the reason why I have suggested to You what 1 told the Justice Impartment with respect to back pay. Mr. Plummer: Mr. Mayor, you have called that 4 minutes tram now we will terminate this meeting which f concur with. The most important thing that 1 want to know as a Commissioner right now, is what is the posture of the Com- mission, the Attorney, the Adninstration, has a complete impasse been reached, is Mr. Padgett and his group corning hack for further discussion, ---that is what I had really hoped to learn this morning and I have heard no discussion. I understand Mr. Padgett and group have gone back to Washington, where do we stand as of right now? Mr. Lloyd: Mr.Padgett and his group left Washington because he announced to the and for the public that we had gone 'as far as we could go' without none question of policy to be satisfied with respect to these ratters which 1 brought to you, policy determination by the City Commission. He wants to come back on Friday and resume further discussions hopefully with some area of policy having been determined by the City commission. He will return on Friday, and we will resume the matter on Friday. Mayor Ferre: As to the question that the Vice Mayor asked you, to :in impasse, is there an impasse at this point? Mr. Lloyd: I dislike the use of the term 'impasse' but if you say We have gone as far as we can, the way it was expressed on Friday afternoon, yes Mr. Plummer: 1 withdraw the word impasse, Igot the same answer and that is all I was looking for. Mayor Ferre: Any other questions? Mr. Andrews; Yes, 1 have one, Mr. Plummer: --excuse me. the final part of my question has not been answered. Where do we go froth. here? Mayor Ferre: That we are going to decide after, ----in a few minutes. Mr. Plummer: We have 2 minutes left. Mr. Andrews: You should be aware before you make this decision as to the next step, this letter 1 received, ---'Dear Mr. Andrews. and it is from Office of Sec. of Treasury, Mayor Ferre: Do we have a copy of this? Mr. Andrews: I don't think so, I am going to give this to the City Clerk ---we just received this on the 1st, 'on July 17, 1975 this office informed you that it was determined that Mlatai Florida was in violation of Sec. 122 A of the State and Local Fiscal Assistance Act and Sec. 51.32 of our rules and regulations and indication of substantial compliance was requested within 60 days. The time period of this date expired September 17. 1975. In view of the negotiations that are being held with the Department of Justice. and the Office of Revenue Sharing, an °attention of 30 days has been granted to the City of Miami. It is hoped that by the end of this 30 day period. October 17. 1975, substantial compliance with our Act will have been achieved. Thank you for your cooperation. Sincerely Mr. Parker.' What they are talking about is the stipulations. I want to inform the city Commission that we received this morning at 9 o'clock the revenue Sharing allocation that was due us and we received a check for 2 million plus dollars this morning based on letters that the Mayor had written. the Vice -Mayor had written in the absence of the Mayor and the letter I had sent to the Treasury Department indicating that we would proceed with an affirmative action pica. that we would proceed with making sure there was no discrimination in giving people ee;ual opportunity as far as employasnt is concerned. Sailed on those three letters they have proceeded to issue us our federal revenue sharing funds. So this letter which ! have just read refers to a time -table relating to this stipulation. In other words. Tiwy have set now. it is cctobsr 17. as a concluding date. So you will have to keep that in mind as we proceed, as to these policy decisions and direction 17 OCT 7rs tor the City Attorney and myself. The critical Arras that von want to take under consideration in the next dav or sit, AS you review this, ;Iry once :IA.%i paragraph 5, goals, paragraph 7, promotion and transfers, and paragraph $ back pay, are the 3 areas, really that are the most critical. And Mr. Lloyd correct me if I am wrong, 5 is goals, 7 promotion and transfer, 8, back pay. Those are the 3 critical areas. that what Mayor Frre: Item 6 also,- -- Mr. Paulk: Item 6 is extremely Mayor Verse: ----6 t•.oes with 7. is really what we have to get d is the next step. important when you relate it to Item 7. 11 Where the crux of it is, 5, 6, 7 and 8, own to. In the last 30 second we have here Mr. Andrews: The ne:•.t step would be for the City Commission to set a date when they can discuss these paragraphs and come to conclusion and set its policy to give guidance to the catty Manager and more particularly to the City Attorney, with some flexibility so that he can arrive at decision with the Justice Departmtat and you should set that day allowing yourselves a few days to become thoroughly acquainted with those paragraphs by reading them and maybe independently asking questions of Mr. fauik , the City Attorney or myself to assist you. Mayor Ferre: What dates? What is the will of the Commission. Today is the 6th of October, and we have a regular meeting on Thursday, and I will be out of town Thursday evening and Friday, and most of MOnday, which is a holiday anyway. I will be out of town on Friday and Monday, so the question is, today is the 6th Mr. Plummer: We have a meeting on the 15th,--- Mayor Ferre: We have a meeting on the 15th, hog: about loth? Mr. Andrews: ----and an are concerned. that here all day meeting on the 16th as far as the architects Mrs. Gordon: The only day is the 14th then. Mayor Ferre: How about the 14th? Mrs. Gordon: I had some conflict, but I will cancel them. Mr. Andrews:Mr. Mayor and members of the Commission. I want you to be aware Mr. Lloyd is reminding me that Mr. Padgett has informed his that he will be on Friday hopefully to conclude this matter. Mayor Ferre: That may be. but you see, Mr. Padgett isn't running the City of Miami at this point, not yet anyway. We have to decide what the rest of us can do. Mr. Andrews: I understand. - Mayor Ferre: There is no way, I have an obligation which is related to the City of Miami with the League of Cities that I am Chairing, a committee precisely on matters that touch upon this and I have to be in Dallas on city business on Friday. So there is no way I can get out of it. Mrs. Gordon: Monday is a Mayor Ferre: Is the 14th acceptable' Mrs. Gordon: I'll cancel what I have. ---- Mayer Ferree The only thing, and I am going to say it right now,the only thing I caveat cancel is at 8 o'clock in the evening. ---- Mrs. Gordon: 1 have an 8 o'clock appointment also, I as hoping it won't no that tate. Mayor Peres: You know how these things ga. •a 18 OCT 175 Art +. Gt+►.i��n: Call WV utc that wr would have el ►►s rt itty; until h o'clock .' Mayor Ferre: Whit time do you want to :start on luemdrey, astleemina•, it is accepted': Mrs. Gordon: 1 don't mind coming in earlier, 8 o`clock is okay :as fat as I at concerned. Mayor ferry: J. L, and Mano.o, Tuesday acceptable to you? Mrs. Gordon: tf you need more time there is no other way to stretch it. Mr. Plummer: Let's make it 9 o'clock. Mayor Ferre: Is evetvbody in agreement now that we will meet on Tuesday the lkth day of October ,tt 9 A.M. and expect to have a full day's hearing, and I'll tell you Mr. Andrews, I know we will go through lunch. I tell you now, you may as well get ready for it, and set something up so we can have some lunch. Do it the wa) you have done it in the past, so the employee groups are also able, ---I don't !ee any other way for us to save time. Otherwise we will never finish. Mr. Paulk: I would like to ask Mr. Mayor ,- Mr. Plummer: Let me ask for the record, when do we expect to receive the minutes of the two days, --- Mr. Southern, City t lerk: Mr. Plummer, we haven't begun on those yet. We have been too snowed under. Mr. Plummer: Is it your intention Mr. Southern we will read them within 5 days before the meetinv date or, ---- Mr. Southern: I doubt it unless we get some special typists, who can all get to work on that. Mayor Ferre: I woule say you are talking about 15 hours of people talking? M r. Southern: Yes, that is about right. Mayor Ferre: 15 hours of somebody talking put in a record. -- Mr. Plummer: My understanding at this point is, that most likely we will not have them 19 OCT6 1975 Mr. Southern: t, we'll i:ivt' This Hefting hut. not those ether two. Mayor Ferre: Well I'll tell you with ail due respects : think the other one is more important than this one because we're all here listening to what we said. We ought to put ,ricrity on the ones that we weren't. at. Mr. Paulk. 1 just wanted to inquire as would it be the Commissioners desire to have the Civil Servi tv Heard present at that meeting"?' Mayor Ferre: that's payday. 1 think everybody sht;u;L --- [`►ir ':s -•-- everyone Mr. Faulk: That poses stone. proble;r. Mr. Mayer because t;:.0 board would normally have hcen meeting hurt. on that day in a regular meeting, 'Tuesday, the 14th and there is a hearing ;c<acdued. A disciplinary hearing ---- Mayor Ferre: Well 1 tell v..0 Bob with all ttuc respects this thing is going to take preference over that. Mr. Faulk: l understand thht. Mayor Ferre: You're tithe have .c cancel that or hold it --- so this is it. We are going to meet. at 9:00 C'. lock on ise day, ti;cy loth. Mrs. Gordon: Mr. Mayor, witthat continue anti concluded or would that mean that go 10 or 12 O'clock at night? Mayor Ferre: I would hope that we would be able to finish it that way, yes ma'am. A11 right now before we adlorn on the City of Miami Commission, J.L. all right we stand adorned on this Special Meeting. Mayor Ferre: Now, I'd like to all a quick Special Meeting in 30 seconds on the problem that we are going to he hearing on Thursday on the pressure of those barricades in Coconut Grove. Now- it is my understanding that the Manager has removed the barricades on the basic premise that , that was she will of the Commission. L want you to listen now, I've had this researched and we have in the records. We've gone over the minutes (Frank Coto has and people up in my office) and we never cane to a conclusion. We left it at the Manager's distressier. Mr. Plummer: Well Mr. Mayor, for the record ' l' :.l be glad to furnish you and the rest of the Commission a memo which the Manager sent to rte on the llth of July which fully recognizes that the Manager did this on his own and why he did it. Mrs. Gordon: Can you furnish us with that please? Mr. Plummer: I'll be happy too. Mayor Ferre: What's all the barrcades at the school., you know what I'm talking about. Mr. Plummer: I'm well aware of what you are talking about and I have a memo I think dated l7th of July to which the Manager outlined why he took such action. Mayor Ferre: I understand that but what I'm trying to point out -- now Rose I want you to listen to this now. What I'm trying to point is that there are some school children involved in this thing and I know we only got two or three days to go. Mr. Plummer: I'll be glad to furnish you with a copy. Mr. Mayor. also Mayor Ferre: Wait a minute let me finish: All I'm saying is that since we only got two or three days to go befort• we have that hearing and those barricades were off. I would n't want God forbid that an accident should happen an we get blamed for it because of thus barricades 1 think the wiser thing to do is to leave those barricades up until Thursday when this Commission hears this and makes a final determination. Mr. Andrews: You know that those barricades have net been up for two eoliths Mayor Ferre: Yea --but the kids weren't in school two months ago, but they are in school now and we have 300 people (wait a moment) -•--- All I'm saying is that as Long as we have a protections/ accident problem up until Thursday and then we'll make the decision. Does anybody disagree with that ---Rose? Father? Mamie? J.L.. anybody disagree with than Mr. Andrews: We'll put them up right now Kr. Mayor and try and get thee up for the Pooh hour when these children come out for leach. OCT 6 1975 Mr. Plummer: Mr. Mayor, to you and the rest of the CO®tissicners please listen to this, Mts. Gordon and this might -- you want a motion if you do then I'll offer it. Mr. Mayor there has been developed a problem based on the Revenue Sharing monies,which terminated on September the )0th, the Manager maybe needs ratification (I don't know) to continue those programs that are oeing funded which now have no fund, I'll make a motion at this time that the Manager be authnrited to fund those programs which are ongoing programs until the public hearing or a determination is made by this ConMission. Mayor Ferre: All right there is a motion by Plummer, seconded by Rose Gordon to that effect. I expand this meeting so that it will he covered legally. All right, there is a motion and a second made, any discussion, any objection? Mr. Andrews? year Mr. Andrews: Well, you realize that the amount of money that we have available thus -.- Mayor Ferre: Is going to be eaten up by then. Mr. Plummer: Well for another 15 days Mr. Mayor. In particular this was brought to the attention by Annette Eisenberg. Mayor Ferre: Look, what it means is that it will be eaten up by one, twenty-i©urth (1/24) it's just that simple. That's right (1/24) of your sum will be eaten up. In other words, 4%. We are going to have 50 thousand dollars leas than what it means. Mr. Plummer: Maybe. Mrs. Gordon: There's a number of programs such as the After School Care with the School board and with the Senior Elderly Program, other programs Mr. Plummer: They better be funded. Mrs. Gordon: Right. Mr. Plummer: Call the roll. Mayor Ferre: There is a motion and a second. Is there further discussion on the item? Call the roll. Thereupon the foregoing motion introduced by Mr. Plummer and seconded by Mrs. Gordon was passed and adopted by unanimous vote and was designated Motion No. 75-915. ADJOURNMENT There being no further business to come before the City Commission. on motion duly made and seconded, the meeting was adjourned at: 11:45 O'Clock P. M. ATTEST: H. O. SOUTHERN City Clerk RALPH G. OHM Assistant City Clerk MAURICE A. FEB,RE Mayor 21 OCT