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HomeMy WebLinkAboutCC 1975-10-06 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 MONDAY, OCTOBER 6, 1975 *00*00*• th day of October. 1975 , Florida met in Specia rre to consider busines rre announced the pur- s the proposed Af f i rma t of Miami with the Depar ing was called order members of the Commisc , The City Commission of the 1 Session ca11et by Mayor s of public import. Ee of this Special Meeting ive Action Consent Decree tment of Justice. at 10:05 C'C1ock A.I. with ion found to be present: COMMLSSICNER ROSE G RDON COMMI SS IONtR MANOLO KEBO COMMISSIO ER NEV, IHEC DORE bIBSON An invocation was <cC..ve e4 by kevelend Gibson who then Ce,i those ptese.nt iv a r�tedge ('b at Cgcance to the Snag. Mayor Ferret Ladies anti yL.itlemen, 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 even 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 comeittment to one of the members of the commission because there is an unbreakable date that must be met 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 cones 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 ws 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 ws 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 where everybody stands so that we can then read all of this information that we haw gotten and coma to a conelusic conclusion. i would hope at the earliest opportunity and if we can't do it this week certainly by the first part of next week to came to an end on this. meet- ing Gibson: MR. Mayor, before we begin I hope when they schedule the next et- ing that they don't do next time what they did this tine. They told us the meet- ing 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 conference on Mimi Beach this morning. My name sh is printed. something I don't do. i don't let you print my name and I don't ow 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 trying to cancel out. i don't like that. If, you know folk canceldd theirs too. I just went to make sure everybody understands that. Ok. Mayor Petrel rather, se, apologies to you. It was just one of these things that we just couldn't work out and I hope that we can avoid these kind of conflicts in the future. VCE ► YOR J. L �UMMER IAYOR MAURICE A. ERRS On the 6 City of Miami Maurice A. Fe Mayor Fe was to discus for the City The meet the following OCT O W Mr. P luMmer : Mr, la' , so there will be no misaendsr ttdittq I want the record also clear that it wab my understanding that this Morneng's meeting would solely be for the purposes of bringing this comtnissi >n up to date ES to what is ("fling on. And I think, Mt. Mayor, if you deviate fro that in any way a finder can be pointed at this cons Lesion that if the first person other than the adMinistrat- ion or the Law Department is allowed to talk this Morning that we have been un- fair because there are some pule that are nit here this morning representing certain segerents. so it would be my hope, Mr. Mayor, that we 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 goine on informing ae and then we will ':lose it. If that takes a half hour, fine. Mayor ?errs: I think that is a valid pint. Mr. Plutt er: I don't think we should ?1-'w any person t, :a!]eak unless all of them have been notified, all of then are here and 1 don't see that here this turning. Mayor Perre: That's what I want to ask you next. Were all the various differ- ent groups notified? Mr. Andrews: We made every effort `n do sc and the City Clerk sent telegrams to a certain nurser of people yesterday in an effort to have thrum here. We attempted to communicate with everyone- at 8 O'Clock this morning 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 take any 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 1 think it is the only fair way to approach this. Mr. Andrews: Would you expand, Mr. Mayor, one more member of the city governtxent to be included as far as imparting information to the commission and that is Mr. Paulk who is representing the Civil Service Board. Mayor Ferrel I see that Attorney Jessie Mc Crary just walked in and i'11 just very briefly repeat that II 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 been 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 hear from the different groups. Because if we do that two things will happen. WE must break by 11:30. We must. 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 meeting 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 Community 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 we 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 can react to it one way or the other. Mr. Mc Crary: bat the commission is not deciding on anything today. Mayor Ferns Absolutely not! Mrs. Gordonn I'll tell you I'm not prepared to make any decisions. 2 OCTI WS Mayor Ferret This I just tor information prtarpose s /el 2 think we'd better get On with it.... Mt. PluMMert One dick thing, Mr. Mayor, because I think it should be a part of the record and Jeaaie is well aware. As you aiirected, Mr. Mayor, you sent me forth to chair the meeting the other day and in discussion with Mr.p Adgett It was stag by him that the commission is normally not involved at that level of meeting and we were kind of like ataggaated 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. Mr0. Gordon: I did too becau:.e of the same coMMents that were made and that's why I think today is important to us. Mr. Plutmert It was MrP ldgett's comment which stated that at the level that they were discussing at the time that the commission shrald 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 the the t'nite1 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.;cr or _ i g.ily we are entitles: tc have that final spay: 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. Pauik and the Civil Service Board and they're here present today and I want to begin 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. Lloyds 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 Boards 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 recces It was a valid question. Mr. Baulks night, 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 stake the decisions with regard to what has to be done if something swot be dons 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 respanstbi1Lty of identifying the method of employing applicants into the various classifications throughout the city and also setting forth the requirements and developing sramtaat r ions. OCT i W5 Mayor Ferre: I'M no . lawyer, Mr. Pau1k, but I woult.like for the City Attorney to tp11 me whenever i make a mistake in telling ;;c,;: .lnd you this answer, Mr. Paulkt As I understand it the way the law wotks is that county lsw superetldes city law and state iAws supersede r.c+unty laws. Pederal laws when we'ro i nvJlved in federal matters Avert:mit-1 t ho laws. That include' the Ch.frter. Now it the Charter say; one thln,t which i9 contrary to what the 1964 Civil Rights Act as amended in 19,2 under the Title VII in 1972 which is federal law which affects the tit: that !supersedes the City of Matti Charter. And since the federal government is than putting as I understand the onus on the City of Matti. It says federal yrvernethnt versus City of Miami. We, the five of us are the elected c:fficials who are to set the policy of the City c:_ Miaad and therefore, as I understand it and I want the City Attorney to s.op me ii I'm erove) from what he has :-,.yid it is our responsibility to negotiate and . i;i ...:.e with the iedc?ral gow.rnment and nobody else's. Mr. Lloyd: Yes, sir, it is the Law Department and t'a ni:;: rat ien's respon- sibility to advise you properly as to w,.a: ets yet. s :o___:. .onFi er- within the city framework of governme-r. your ur final decision. wow I person- ally am ready to make a report `.o you .as t.-, w:iat: has happend If you're ready. Mr. Mayor. Sgt. Ken Harrison: Mr. Mayor; i,` I - .g:.' ,vddr.:ss the commission the very point that you've raised. . ly r:,ie_ ..c-i the .�ci:.on o ir.ior. rendered here but I don't think that Is and 1 am nmaz the Mayer would bring that ul.. The o>.ijectiv hqre i= <<• cone tc• a workable Consent Decree and i.i we're all .i.a;r. , t. S'._ t . e .'✓ .. !'i. alit t 1:h. sicns the thing. That's the objective of this commission and the employee groups and all the people that are involved in it and I think that is nne 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'd_' not. so :yrnazed and s,, st:r_;rised let me explain to you where I'm ..or„irg from. I want to make sure ;.:at the record reflects at the outset and the begining who has the authority because I don't want to get into a hacble with you, with .Bessie Mc Ctary, with Ctis, with Bobby Pauik, with anybody else who comes up here and says at the middle of thi3 thing :.r 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 involvement 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 he 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 M. mayor, I'm prepared to make a report. In the first place, of course, on Friday afternoon, Mrl'adgett of the Justice Department suggested we'd gone as far as we could into the discussion..; that some direction or indication or policy of the City Commission regarding areas of disagraement would be helpful. Thereupon, we arrived at this meeting idea at which time we will rake a report to you now. Now Mr. Pageant plans to return this Friday to see if we ,:an arrive at some agreement. Now the proposed Consent Decree contains 12 paragraphs with certain exceptions we have reached some 'agreement or working undsrstanding on a number of the paragraphs which I will ennusaerate. 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 r000m- .endations which I will sake with regard to this City Commission. Obviously, the City Commission will render its approval solely on natters involving the City Cosiis- sion. If there is anything else involving otner defendants the City Commission will not vendor any decision an that particular aspect. Mow I would like to note briefly the paragraph where there appears to be an understanding or where we feel anunder- standing can be reached subject, of course, to final decision as so aptly phrased - "!he Suck Stops Mars" by this City Commission. Now, so that you will understand 4 OCT 8 Ids the background of this we have been proceeding in our $.eliberations paragraph by paragraph. New, as t said there are twelvp paragraphs in this proposed Con- sent Decrees by the Justice nepartment. The opening pages Fins a half or se is merely the preliminary legal phtaiisi with respect to the consteet r cree. 4n therefore, paragraph tit we have basically re.tehed ah unkierstan.11nq in Paragraph (1) with the e*ception of underlined - all persons to active ootoert or parti. i- pation with these in the perfototanee of city functions.... Mr. Plummet: Wait a minute, John. I'm sorry but I want it stated for the record that I accept that this decree was supposedly delivered to my house last night and I will be truthful with you, we don't check mail 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 talking about? Mr. Lloyd: Yes, sir. It is on Page 2 and I will briefly explain each paragraph. Mr. Plummer: because t have not had the opportunity to read this at all and 2 don't know if anybody else has. Mayor Ferrel 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 Ferrel No, he's talkiriq about page 2 which you already have before you. Mr. Plummer: It's not marked page 2. All right, this one here? All right. Mayor Ferrel 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, bla. 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. In the second page which is in Iteis 01. Is that. correct. Mr. City Attorney? Mr. Lloyd: 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. Me 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 Ferre: 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 attorney and the City Manager and the administration have agreed. That's their report. Maw there is no question that Jessie Mc Crary and that lieutenant, the fire fighters and the police and the different organisations are going to have different opinions on saes of these things. Mr. Plummets In other words, all you're going to do is just state what happened Mr. Lloyds I'w attempting to if I get a Chalice( Mr. Andrews: Mr. Mayor and members of the c'esseission. let no assist also, I hope I'a assisting, in asking you to consider the followings That when this informat- ion as 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 can be put into a fors which we can present to the Justice Department and after having received reasonable concurrence from this without any stipulation that the commission has completely agreed with this document it would come back to the City Commission for renew and you canaille the decision then to have an open baariaq and !o through the document paragraph by peratrapb to come to a final con• elusion. s OCT 6 11175 4 Mayor Ferret Mr. Andrews, I think you know we've been saying that. This is jist 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. 'baulk to discuss these particular items. Now, beyond here I would hope that this is all printed out. We are not going to deliberate here. 2 will call out of order any commissioner who wants to get into an argument or a discussion about one item for or against at this time. Me are to hear your report period. That does not mean we concur with it. That does not mean that we agree with. That •Ines rot mean that this is what the City of Miami position is. It -.!us means t'lat th'r is where you are as of this morning.. you are. That doesn't mean that chat',- where anybody else is including me. Mr. Lloydt 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 people nave 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 or•_Pion is and what Mr. Pau'_k's opinion is. We are not going to go beyond that. Gc' 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 wnt 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 re 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 as 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 where 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 Ferret Proceed. Mr. 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. Mayor Ferro; Mr. Lloyd, let as 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 hops 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 Terre: Mow let me understand what you're saying again that this is a recommendation that the recruitment area be enlarged. Do you asan beyond the City of Miami boundaries? - Mr. Lloyd: Yes, this was a discussion. I'm correct or. that, 8m I not, Mr. Paulk? W. Paulks That is correct. Mt. Lloyds Well, 2 don't recall anything else that was discussed with regard to that paragraph. OCT1 1075 Mr. Paiiikt Only tow A ci.,rity as to Mr. Penietts JierstandLng es t, the last sentence within the paragraph - paragraph 2-a 1 believe it is. Which (I will rend) it is understood the present recruiting area i : the City Litttts of the City of )Mani and such Schools, organisations and media utilized 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 **captions had been made where there was difficulty in the recruitment for certain specaialiaed positions. I think there are about 6 positions which have been exampted 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. 1 felt that that would be extremely difficult for the city because it would be an extremely timely process to (1) identify the fact that we're having difficulty in recruiting for this job, whatever this job is: 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 !'erre: 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: I didn't see that they had registered any. I'm agreeable with that. Mayor Ferre: Let's move on now as quickly as possible. We have a time perimeter that we're running against. (2-b). Mr. Lloyds The proposal that was made by myself and the administration with respect to (b)... Mayor Ferree Any questions on that? Mr. Lloyds Again the lire 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 Ferree 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 ease 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. Faulk. Mr. Lloyds Do you have anything to add on that one, Mr. Faulk? Fire fighters? mg. baulks No, S have nothing to add on that. Our one concern was with regard to the S0% 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 mpply as was the case last year through the Affirmative Pecruitasnt Program there were additional people who didn't by pass that but came through the normal recruitment procedure in masking their appiiaation at the Civil Service hoard Office. So this does pose some ptrObtems and the commission should be aware of that. Nr. Lloyds 1 night say that we will seek to resolve this problem with the Civil lerviae bard. !hires is selection procedures. bow then, on three A there is a problem area. Specifically with the testing procedures. Now their proposal says �' CCTd 15 that the tests shall` shown, established by the Equal Employment Opportunit on employees selection procedures refering to 1607 and the foll©wing. Nt'w then, it has beer ion and Mit own that these regulations are sue that the law is that these standards establist cage entitled to rate, weight or defference. proposal on that basis which has not been ace( n accort .ee with standards CoTflt s ion in its guide:Ines 29, Code of federal regulations the administration's interpretate that they abolish all tests and A are according to the t riggs 4e are attempting to make a counter pted by the Justice Department. Mayor Ferret What is your counter proposal si ecifica11y? Mr. Lloyds Like i said, these guidelines on shall be entitled to great iefference in our t words they will be guidelines not absolute cri This has been our suggestion an.1 our problem administration feels that as I do that this w* criteria these procedures that it would make ures except possibly some einimum skill tests. Mr. Paulk. eployees selection procedures eating procedures. in other teria which must be followed. gain Civil service -wise the uld, 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 approximately 50 classificati.ns throughout this city in which many of them we're testing with some froquencperhaps 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 EEOC 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 continee 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 kiee 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 going to have to proceed a little faster. Mayor Terre: Alright, go ahead. We're now o•r Item A and you're starting with A-1 2, 3. Mr. Llcyd: Yes. We have no particular probl la 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 treat 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 starve for everybody. The Medical examin- ation...0 & D just simply say that everythin1 will be the same for everybody. Mayor Ferret Mr. Lloyd, I was just not folleaing you because... Mr. Lloyd: I apologize because I may be going too fast. Item E, Medical Examinat- io:t. 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 lime 8 where it says a differing diagnosis additional medical examination. Wasn't that it, Mr. Paulk? Mr. Paulks That is correct. There was a coe.nter proposal put together by Mr. Lloyd. It gives more clarity with the same understanding. 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. Y(4 have that in the beginning of your packet. Mr. Paul/cc It is 3 (e), Mr. Mayor. Mayor Ferro: I see it in the beginning. Ok. 3(e) the Medical Examination, the medical or physical tecaMination required of ell applicants. Is that it? shall be the same tor all applicants in accordance with job requirements whenever an applicant... Now was that acceptable? Mr. Lloyds it appeared to be, yes, sir. Mayor Ferrel You're telling me now that thi:; is acceptable to the goverment. was - then any eoetruv rsy7 8 OCTd 175 Mt. Paulke : don' t thank they did, John. t think they agreed with the concept. Mr. Lloydt They agreed with the concept. The wording tray be.... Mayor Ferret Was there any controversy an this i talI ? Mr. Lloyds Yes, there was but the controversy was minor. Basically it was on a differing diagnosis. it was semantics. i don't thtnk it is important. Mow the Criminal record this, of course, has to be a counter proposal on the basis of the Florida State Statutes 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 9 OCT S WS i for police and fire. Mayor Ferre:A11 Mr. Lloyd: --minimum age, 'Little 4, this is :;till open for discussion because the Justice Department wishes to have the minimum aid for pollee officers Mr. Paulk:---that is under 5 Mr. Lloyd, ---- Mr. Lloyd: --minimum age, we are c'k 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 new:n:. Mr. Lloyd --age, 20 years and 6 months, and the reason for that in 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, I 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 to Blacks, Latina and women onthe 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 all 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 employment, 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 nay be utilized. 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 thins' did come up because they were quite concerned about assignment and how people are assigned but there is a difference in what our perceptions are with regard to what assignments should be and what they feel they must be. so we haven't resolved that. Mr. Loyd: There is a possibility that this can be worked out. We come to 41, the sanitation department. By way of preliminary discussion, twould like to state this, that Mr. Paulk originally had realised that there are problems here which must be faced. And regarding the sanitation department, Mr. Auger 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, after discussion the Justice Dept. accepted the proposal shade by Ms. Duper and fir. Paulk, that they get together. Nr. bugger made quite a dise.•tattoa upon some of the problem' which did exist, asay of which Mr. Faulk had alr•t-sdy delineated and recognised and the upshot of the setter was. that at the Justice Deptment'e suggestion. for. Faulk Mr. Dagger amid other officials agreed to most amid apparently have met, and Pruett l a OCr 1975 i proposal to the Justice Department, whit h the Justice Department t dicated that cautiously, they enetld 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 seen 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 concened 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 rapresentatives 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 garbafte 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. hugger, 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 vas a weber of the deportment who was there, but I am not sure he as seen what has been written up. Mayor Ferre: 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 4-C, my recollections are, that there have been objections to tibia to certain elements of this, raised by Maj. Gunn and problems have been discussed with regard to time in grade reduction. I think in addition to that, there were some problems made with rate, and my suggestion was that we eliminate all reference to rotes, 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 tor assignments in the detective bureau actually oa the b .sin of ethnic background or race due to the specific problem that existed vit`l respect to the investigation ,----- Mr. AiMrwes-----nor via had special qualtficetioae,- Yl OCT ma's • Mr. Lloyd:----k t wh.• h.td stir. t+1 qu.titisatiou,, 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 problem 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 Ault be made on the basis of particular qualifications, that everybody be given a fair chance with dose recot*nition for the particular qualifications for the job. Ana I basically correct on that? Mr. Paulk: 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 stay 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. 5o that does pose some problems in the assignment 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.iertlon all of the paragraphs, to tell you that there is a specific problem 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 Ferre: paragrph what? Mr. Lloyg:--paragraph 8, back pay, Mayor Ferre:--from 5 to 8, promotion and transfer pool, and 8, back pay, okav,-----pages 10 through I4,------ Mr. Lloyd: ----yes, now, then, if you will refer to paragraph 5, goals, on page 10, paragraph 5-A, specifically, 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 certaic 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 Ferre: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 Ferret How in the world can the Federal Government, the Justice Department expect us to we guidelines in the use of work force according to what they have seen happen in Washington and sons 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,----ws told them our interpretation vas 'work force' want with specific reference to each job category. ;his is when we had the problem. Nmyoe Ferro: It seems to as like it is their problee more than ours because I dow't set haw in the world if wealthiag 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 building 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 down to this, and I arm reading from an interpretation by, of all things, of Vol. 41 that particular section by a Philadelphia lawter, pardon the expression, but I am, 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 :svailabl: employees of the protected class who might be available for each job category in the general ob 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 off.cera and analyzing the employer's affirmative action plan. Now, then, he also defines 'goals' and 1 don't think 1 need to go into the definition of a goal at this time. 1 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, cones 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 some consideration, but I haven't seen any, and perhaps our affirm Uwe Action Coordinator can shed some 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 Ferrel Give me those figures again. Mr. Paulk: 20.4 slacks, 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. se fir. Lloyd has tried to outline to you is that the work force is mot 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, 2% of them. I think as our coordinator here would indicate are female. so many are slacks, so many arm Lettni, and this is the kind of things statistically that we would like to identify to set goals upon, an individual classification, job. because when you attempting to recruit attorneys, if they ace sot available is qua3tity. representative as CO the female, for instance. 44X. then it is as us-rerltstic goal to try and achieve that sort of a balance, when w talk of attorney, and the same thing could happen over and over again with the various classifications. and that is what we are attempting to do, somedling 13 OCT e 1171 that is more realistic in the area of goals. Mayor Terre: 1. understand what the problem is, but I don't understand what the solution is. Mr. Lloyd: I wnat to make a statement first, of course the police department ---we have stated in this decree, that with respect to the police department, the City will abide by the terms of that decree so as far as the police department is concerned, those are already established, so this refers to other than the police, ----- Mayor Terre: How 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 ve are trying to do was to establish the best available statistics.They 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 tae>abership 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 beet 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, --- Ma. 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 Ferre: If I understand it, what you are telling me is, if we go out sad hire electricians for the City of Miami, we would then go to the electrical unions statistics. right? Ms. Nicol:-----aaoung others. Mayor Ferre: What others would you go to? Ms. iiicolslt would be by job category, the g job categories that the federal government delineates for 1*0 4 reports and in soave cases, for example attorney positions, trapped union members, --- Mayor Ferrel I awe not talking about the highly skilled professional, -- Me. Nicole --an electrician would be a crafts person. Mayor Ferret So you would go to the union record? Ms. Nicol: If the justice department and the city armed, -----that that was the bast available statistic, it might be tempered by statistics which coos fresi Fiortda employment service, it night be tempered by statistics which come treatise labor department. it is not hard and fast and the point we vets trying to mike, about the city'e point, was that while ye don't not to have statistics which are unfair, vs don't Vent then stair in either direction, if tar is too law, the city's position is ter as t as eomceraed is that we went it burr. but it 24% is too high based on awilability of workers, vs vent it lower. love are going to agree on whet is best available. It say be site, 14 OCT 6 vs commerce department, labor department, it may be more complex, but wt' went 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 not 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 thses items. Mr. Lloyd; I think I ought to continue to finish this, qo wP 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 touch as I find this difficult to say, the City Commission is going to have to make some serious considerations in reference tc civil service law, when we get around to looking at these goals, because behind all of this is the civil service requirements. I` th.2y 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 Terre: i understand. But now you are talking about basic charter change. Mr. Andrews: Yes, Mr. Lloyd: No. 6, paragraph b, 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:--6, 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 we 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 Slacks, Latins, women, whom identifies as having been discriminetoriaily 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 we made some suggestions which we haven't really come to grips with that with the Justice Department yet. and Mr. ?sulk seems to think that very probably we may be al* 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, because we are getting late, then if there is any further questions we can get into that. Now bank pay, Mayor Ferro: That is item 8 on page 14,---- Mr. I.loyaz Yes. sir. I have informed the Justice Department that is stay op$ntoes the City cannot Legally agree to the concept of payment of back pay, because of Florida caastittonal provisieme and otherwise. There the matter steads. 15 OCT 6 V5 Mr. Lloyd: Whet this says is what out contention was in there, in my opinion ought to be removed in disagreement over back pay. it left out a couple ul items, but basically and I have suggested that either they paragraph entirely n r just simply say the parties are Mayor Ferret All right, — Mr. Lloyd: As I have told the Justice Department in my opinion as the City Attorney, the City c.innot legally agree to this. Mayor Fevre: Iwant 14 A .and 14 17, pages, ---- Mr. Lloyd: The record keeping, there is 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 1 correct on that Mr. Paulk? Mr. Paulk: Correet,---- 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 8 either, Mr. Lloyd: I think Mr. Parades may have something to add on that. I think Mr. Andrews indicates no difficulty with that. Mr. Paulk: 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 Ferro: 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 Ferro: By we you mean theLaw Department? Mr. Lloyd: --and the adminstration. yes, -----hopefully we will be doing so. Mayor Ferro: 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 detersinatioe of the percentage points. if any gad a solution as to how to work them. I might add, that in addition to what the Justice Department wasted vas, that yearly increments be considered and yearly reports be Dade with respect to these increments to the Justice Department. And the last words of ltr. Padgett were. he would Like to get some tadiciatioa wry shortly of the policy of the Commission regarding these areas. Mayor Terre: Okay,-- 16 OCT 1105 Mr. Lloyd: That is the reason why I have suggested to you what 1 told the Justice Impartment with respect to hark pay. Mr. Plummer: Mr. Mayor, you have called that 4 minutes trom now we will terminate this meeting which 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 coming hack for further discussion, ---that is what I had really hoped to learn this morning and I have heard no discussion. 1 understated 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 sotte question of policy to be satisfied with respect to these ratters which i 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, 1 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 Miami 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 extention 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 plan, that we would proceed with making sure there was no discrimination in giving people ec;ual opportunity as far as employment is concerned. lased 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 relattnt to this stipulation. In other words. They haw set now. it is cctobsr 17. as a concluding date. So you will have to keep that to mind as we proceed, as to these policy decisions and direction 17 OCT 7s .. for the City Attorney and myself. The critical Amap that von wnni to take under consideration in the neRt day of so, as you review this, Are once again paragraph 5, goal!,, paragraph 7, promotion and transfers. and paragraph back pay, are the 3 areas, really that are the fit critical. And Mr, Lloyd correct foe if I am wrong, 5 is goals, 7 promotion and transfer, 8, back pay. Those are the 3 critical areas. Mayor Ferre: Item 6 also, — Mr. Faulk: Item 6 is extremely important when you relate it to Item 7, Mayor Ferre: ----6 f•.oes with 7. Where the crux of it is, 5, 6, 7 and 8, that is really what we have to get down to. In the last 30 second we have here what is the next step. 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 city Manager and more particularly to the City Attorney, with some flexibility so that he can arrive at decision with the Justice Department 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. Faulk , 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 he 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, hoc: about 16th? Mr. Andrews: ----and an all day meeting on the 16th as far as the architects are concerned. Mrs. Gorton: The only day is the 14th then. Mayor Ferre: blow 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 that Mr. Lloyd is reminding me that Mr. Padgett has informed his that he will be here 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 scatters 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 caeecel visit I have.• ---- Mayor Ferro; The only thing. and I an going to say it right now,the only thing I cannot cancel is at 8 o'clock in the *ventage ---- Mrs. Gordoa: I have as 8 o'clock appointment also. I an hoping it won't So that late. Mayor Fars*: You know how these things fie. 18 OCT 6 11,75 1t.t, i.t+i.lttt►: f'cin wt. ui‘ that we would have ti tts•et 1t►r, until h t1't'1trt l..` Mayor Ft'i"1'e: What time do you want to :start on iuesday, i ssumfnc, it is accepted: Mrs. Gordon: I don't mind coming in earlier, ;i o'clock is okay as fat as I at concerned. Mayor Terre: J. L, and Manolo, 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 Ferret Is everybody in agreement now that we will meet on Tuesday the loth day of October •,t 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 way you have done it in the past, so the employee groups are also able,---1 don't '4ee any other way for us to save time. Otherwise we will never finish. Mr. Faulk: 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 Clerk: Mr. Plumper, 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 would: 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 OCT.00T 1975 Mr. Southern: rc , we' l i .lye this meeting but nut those other two. Mayor Ferry: Well I'll tell you with all due respects I think the other one is more important than this une because we're all here listening to what we said. We ought to put ericrity on the ones that we weren't. at. Mr. Paulk: I just wanted to inquire as would it be the Commissioners desire to have the Civil Servi, . Board present :it that meeting'?' Mayor Ferre: that's payday. 1 think e.:ve•rybildv shc;u.t -•-^- everyone Mr. Paulk: That poses some problem Mr. :layer because .::c: board would normally have been meeting hate on that lac in a regular mct'tini,, Tuesday, the 14th and there is a hearing ;c:eeduied. A disciplinary rearing -- Mayor Ferre: Well 1 tell you Bob with all to take preference over that. Mr. Faulk: I understand that t:ue respects this thing is going Mayor. Ferre: You're cithe: have c., cancel that or hold it --- so this is it. We are going to meet at 9:00 t;';'1e)e'k on iaesday, l4th. Mrs. Gordon: Mr. Mayor, wil1 that continue aanti. concluded or would that mean that go 10 or 12 O'clock at night? Mayor Ferre:I would hope that we would be abler t.o finish it that way, yes ma'am. A11 right now before we adjorn 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 be 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 the will of the Commission. I want you to listen now, I've had this researched and we have in the records. We've gone over the minutes (Frank Cobo 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':':./ be glad to furnish you and the rest of the Commission a memo which the Manager sent to me 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 barricade:; 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 in 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 same 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 tee finish: All I'm saying is that since we only got two or three days to go War, we have that hearing and those barricades were off. I would' n't want God forbid that an accident should happen and we get blamed for it because of thew barricades I think the wiser thing to do is to leave those barricades up until Thursday when this Commission hears this and nukes a final determination. Mr. Andrews: You know that those barricades have not been up for two sa+aths 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) -•--- Ali I'm saying is that as 1oni as we have a protections) accident problem up until Thursday and then we'll oaks the decision. Does anybody disagree with that --•Rose? Father? Maaoio? J.L.. anybody disagree with that Mr. Andrews: We'll put them up right now Nr. Mayor and try wad get that up for the noon hour when these children come out for /loch. OCT 6 1975 Mr. PluuMer: Mr. Mayor, to you and the rest of tissioners please listen to this, Mrs. Gordon and this :eight 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 mcnies,which terminated on September the /0th, the Manager maybe needs ratification (t 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 authorized to fund those programs which are ongoing programs until the public hearing or a determination is made by this CoMMisSiOn. Mayor Ferret All right there is a motion by Plummer, seconded by Rose Gordon to that effect. I expand this meeting so that it will he coveted 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 this -.- 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-fourth (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 less 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. D. SOUTHERN City Clerk RALPH G. OIIGIE Assistant City Clerk MAURICE A. FEMME Mayor 21 OCT ion