HomeMy WebLinkAboutItem #53 - Personal AppearanceOctober 11, 1973
October 1, 1973
September 13, 1973
JE-2/22/74
CHRONOLOGICAL LOG
Memorandum from P. W. Andrews
to City Commission, Subject:
Payment of Accrued Vacation Time
M. L. Reese - during his term as
City Manager .
Letter from William H. Hussman,
Chief Administrative Officer, Mont-
gomery County, Maryland, to City
Manager P. W. Andrews concerning
former County Manager M. L. Reese'
severance pay from Montgomery County
and Montgomery County Resolutions
3-2751 and 4-1325-A.
Minutes of the City Commission Meeting
with reference to the City Manager's
severance pay.
TO: The honorable Members
of the City Commission
14.40.
anon,: P. W. Andrews
City Manager
CITY OP MIAMI, rLORttiA
INTER.Ori 1cE MEMORANDUM
bAte:
SUBJECT:
OCT 1 1 1973
FILE:
Payment of Accrued .Vacation Time
M. L. Reese - during his term as
City Manager
REFERENCEBt
ENCIASUREei
The City Commission on September 13, 1973, adopted Resolution
No. 73-651:
"A RESOLUTION TO DEFER CONSIDERATION OF A REQUEST
BY M. L. REESE FOR PAYMENT OF ACCRUED VACATION
TIME UNTIL THE NEXT REGULAR MEETING OF THE COM-
MISSION IN ORDER TO AFFORD AN OPPORTUNITY FOR THE
CITY MANAGER TO MAKE A DILIGENT EFFORT TO OBTAIN
A RECORD OF THE EMOLUMENTS OF OFFICE ENJOYED BY
MR. REESE DURING HIS TERM AS MANAGER OF MONTGOMERY
COUNTY, MARYLAND."
As directed by the City Commission, I have obtained the information
from Mr. William H. Hussman, Jr. , Chief Administrative Officer
of Montgomery County, Maryland. Mr. Hussman's letter and accom-
panying resolutions are self explanatory.
Recognizing the City Commission wishes to bring this matter to a
conclusion, I have transmitted to Mr. Reese copies of the information
received from Mr. Hussman.
"DOCUMENT INDEX
Ie
ITEM NO• 3
"SUPPORTIVE
D O C U 1. l:E S
FOLLOW„
CIO
•
Office Of 5fie County Gxeeufive
October 1, 1973
Mr. Paul Andrews
City Manager
City Hall
Miami, Florida
Dear Mr. Andrews:
46.41
.44
4444
::C
rri
Per your telephone inquiry, the following information
is provided concerning the former County Manager Melvin L.
Reese.
Annual leave was first authorized for the County
Manager and the heads of the several departments of the
County Government effective January 1, 1956, by authority
of Resolution No. 3-2751, a copy of which is attached.
Annual leave accrued at the rate of twenty-one
days per calendar year with the provision that no more
than sixty days unused annual leave could be carried
over from one year to another.
At the time of the termination of Mr. Reese on
March 18, 1960, Mr. Reese had a balance of sixty days
annual leave on December 31, 1959, plus 3.5 days accrued
from the period of January 1, 1960, thru February 29,
1960, for a total of 63.5 days earned as of the nearest
full month of employment.
Mr. Reese was reimbursed by a lump sum payment
at the hourly rate of $12.019, for a total of $6,105.52
($12.019 X 8 X 63.5 = $6,105.52).
Also attached is a copy of Resolution No. 4-1325-A,
which authorized the lump sum payment of accumulated leave
for Mr. Reese.
I trust this information meets with your requirements,
but if you should desire further information, please do
not hesitate to contact me.
"SUPP RTJVE
Sincerely,
L/ CJ L
FOLLOW"
William H. Hussmann, Jr.
Chief Administrative Officer
WHH/RGL/rjl
Attachments (2) Montgomery County, Maryland
pray rvrx—
was certified by the Finance Denart_mAnt. Rpnf
t,I-ttit P6StT IONS I -IL -
EMIT, VE., RANCH. OF OUKT't •
GOVERNMENT •Ak► LEAVE.POL.tCT
BE IT RESOLVED Err THE COUNTY COUNCIL FOR MONT&0MtRY COUNTY,
mmommmv
mANYLANO9 THAT ..
mmmimIT
(1) ..ANNUAL LEAVE —AT THE RATE Of T1fErtTY..-ONE 11`-ORX DAYS PER
CAL-EN.
7-EAa-.or- EM PLO Y MEXT A.ND. SIlr`it-•-LE A EA- M D AT. T44 -RATE OF
SiV 3F-. lik0R DA-TS - PER .:CM.NO# R-YEAR :DF EMPLOYS/EN T 43 HE AE . JW H0R
FOR THE COUNTY' MAMA G R, COUNTY ATTORNEY,AND 7.HE. HEADS OF THE- SEVERAL.Zi..,
. i.
DEPARTMENTS OF fl-E. COUNTY'' GQVERNMEN•T..'•;. THE COUNTY' MANAGER • AND- THE COUNTY
ATTORNEY.- MAY USE- ANNUAL, LEAVE AT THEIR DISCRETION, SUBJECT' TO THE
CON UE#4EN•L`E OF -THE COUNTY COUNCIL. THE. TIME AT vH-3CH-AN-NUAL•.LEAV-E MAY ems£
TAXEN BY•:THE HEADS Of THE SEVERAL DEPARTMENTS OF THE COUNT'r GOYERNMEKT
SHALL:. BE SUBJECT .TO APPROVAL- OF THE COUNTY MANAGER-..
ANNUAL •: LEAVE. SHA•E.LL.
BE CREW-TED TO EACH EMPLOYEE COVERED. QY:••THS ' RESRLUTIOK RET.ROACY-TVE:•TO'
JANU AR - Es 195bs... UNUSED 1kA1Akk A LEAVE. a+Atc-ate. CARRIED -.OVER FRCV ONE- •
CALENDAR YEAR TO - ANOTHER BUT NOT TO EXCEED SIXTY DAYS Or SUCH LEA1I1:. ••
SICK LEAVE SHALT BE CREDITED. WITH APPROPRIATE -ADJUSTMENTS TO THE DATE
OF A'P0INTMENT .OF EACH EMPLOYEE COVERED RV THIS RESOLUTTON- AND SHALL. .BE...
CUMULAT•VE 70 ONE HUNDRED AND TWENTY DAYSs
(2) LEAVE PRSVILEGES AFFECTING OTHER APPOINTEES_ NOT COVERED. BY.
7H:.S RESOLUTION OR OTHER REGULATIONS taLL. SE TAKEN INTO CONSi0ERATI.01 • .
THE COUNTY COUNCIL AT DISCUSSION OF THE OPERATING BUDGET FOR THE. FISCAL. •
YEAR t958-1959.
ATTEST:
44
t-L T ?MR- Q. c
L. IN NE7 y C
TO COUNTY -COUNCIL FOR
i0MTGOVERT CoutvTr. MARY LAND
J ut.T 23, ' 1957
"Si
11, -'t
•
{ATAlC . rf•••A
1...
i�.
1
tion No. 4-1325-A Re: Lump Sum.Paycnent,forAccumulated
Leave . of Counter Manager
BE IT RESOLVED by the County Council for Montgomery County, Maryland, that
In conformance with the leave policy for appointive positions in the
Executive Branch of the County Government, contained in Resolution No. 3-2751, adopted
on July 23, 1957, the County Manager, Mr. M. L. Reese, be reimbursed by a lump sum
payment for unused annual leave accumulated to the date of his last day of service
with Montgomery County; and
BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to
disburse to County Manager M. L. Reese a lump sum for the. annual leave accumulated by
him in conformance with the policy announced by Resolution No. 3-2751.
ATTEST:
A True Copy
C4,4/
Lawrence E. Speelman, Cler
County Council for
Montgomery County, Maryland
March 1, 1960.
CO
w
CO
ice'
i
4. CITY MANAGER'S SEVERANCE PAY--- APPEARANCE OF JACK R. RICE:
Mayor Kennedy: Item 05, Mr. Jack Rice, with such distinction
all the way from the City of Miami Police Dept. to our City
Attorney,
Mr. Jack R. Rice: Thank you Mr. Mayor, and members of
the Commission, it is a pleasure for me to be here today,
not only because I am back before the Commission but also
has, I think one of the outstanding men of the Community
as my client, Mr. M.L. Reese, who fared with distinction
as City Malnager, and whose integrity while serving in the
job, 1 think is unquestioned.
My name is Jack R. Rice, Jr. for the record, and my
oldress is 2424 N.W. 1st Street, Miami,Florida. It is always
embarrasing for someone in Mr. Reese's stature to come back
to discuss something as mundane as money, but you know that
is what makes the world go round, and everybody has their
voice in the world and if the person is entitled to it, he
ought to receive it.
When Mr. Reese came to me to discuss the problem, I
went through the record, and it was my opinion that he has
a worthwhile and worthy case. I had discussed the matter
with the City Attorney and he suggested that we present it
to you because after all, you were Mr. Reese's bosses all
these years and certainly are familiar with the problem.
Mr. Reese's problem is not one of do you have the money,
----the money is already budgeted . The question is what
he is entitled to on vacation pay. At the time Mr. Reese
was retained as City Manager in 1960, he was interviewed
by Mr. B.E..Hearn, then Commissioner,and the Honorable
Judge Henry Balaban, then Commissioner, and Robert King
High, then Mayor of the City of Miami. At the time he was
retained, they could not pay him the same salary he received
while serving as the County Manager of Montgomery County,
Maryland but they made a salary arrangement with him which
was satisfactory, with a promise that he would have an in-
crement as time went on. They also told him that he would
receive the same fringe benefits that he received while
being County Manager in Maryland. His fringe benefit at
that time was thirty working days per year vacation. After
Mr. Reese came to work for the City, the records kept by the
City Finance Director, payroll section, was predicated on a
30 day per year vacation, 30 working days. This record is
systematically kept by the Manager's office and is kept by
the payroll section, the record of both department s , the
City Manager or his section and the Dept. of Finance coincided
as to thirty days vacation time per year. Every year and some-
times more frequently, I don't know exactly how often there
is a confirmation of the payroll records with the different
departments and the City Manager's office. Every year the
payroll record as to accumulated vacation of the City Manager
was certified by the Finance Department, sent to the City
Manager and it was certified by his office. Mr. Reese was
consistent in his records and so was the finance department.
No question occured until Mr. Reese had announced his retire-
ment, and sent down the record which is a separation record
on terminal pay. At that time, they were first computed on
a 30 day vacation year, however they were, ---after they were
first computed under that manner, the finance director then
r m uted and said no, it should be done on 30 days, it should
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dpne on a lesser figure as to the same vacation time as
I assumed departmental directors receive. Therefore, we
were at am impasse, and the City Manager had one provision
and the finance Director had the other, Mr. Reese had of
course announced his retirement and retired and predicated
on the opinion of the City Attorney, Mr. Reese accepted
his separation terminal pay as computed with the Finance
Director, with the understanding that would be without'
prejudice of presenting the case here today, and proceeding
further with the claim.
Now, we all know that, ---by the way, I was a former
employee for 31 years and I know the caliber of men who
serve on the Cornmi;lion and I know they have always been
liberal, and I think we have one of the bet employees -em-
ployer relationships and one of the most liberal benefits
of any Municipality, --probably, I know in the Southeastern
United States, probably in the United States, --we have a
wonderful working relationship. All employees accumulate
a considerable amount of time as they go through life as
an employee of the City because of the benefits you have
conferred on them and it is not unusual for a person to have,
by the way, all time is now, ---for payroll records is computed
on an hourly basis as opposed to per -day basis, and I received
quite a bit of vacation time myself, sick time, ---almost
a year's pay as separation pay, when I left the City after
31 years. People in responsible positions can't always get
away to go on their vacation. I know and my good boss here,
ex -boss here,and my good friend Alan Rothstein will tell you
that you start on a vacation and something comes up, you
got to come back. That was just for a lowly employee like
myself, just imagine what it is like for a man in Mr. Reese's
position. He constantly had to come back, and while you all
were on vacation in August, he had the problem of leading
with different people around the City and setting up the
budget, and getting all these things done so you would have
something to act on. It is very difficult for the City Manager
to get away and if you go through the records of any prior
City Manager you will find that none'of them could get away.
Although I have looked at other off cials of the City and found
that a lot of them got away for more time than, under any cir-
cumstances they would be entitled to, --with a man that the
City officials had been appointed for a year has taken 25
days off, some of them are sick and took a whole year off,so
I mean when you come to the higher officials, there has been
a somewhat different standard than there has been for the
regular employee, but in Mr. Reese's case, when he was interviewed
and by the way, I have some distinguished gentlemen here who
agreed to come down and speak in his behalf. There is no question
that he was promised what we are asking for today, and you know
as members of the Commission, you always come to take this time
off , and take that time off, when he asks for it, but you always
want him here when you've got a problem, and he has only taken the
minimum time off during his term of office, and that is why he
has a moderate amount of vacation built up time. Nothing like I
had, or other old-timers.
At this time I think the first person you should hear from
is my client himself who will explain to you his initial approach
on acceptance of position of City Manager back in 1960.
Mr. Reese, ?
Mr. Reese: Mr. Mayor and members of the Commission,
thank you very much for this opportunity to appear here this
morning, ---when I was appointed County Manager in Montgomery
4
9/13/73
County,
give your
Mr. Plummer: For the record, would yoty name, sar,----
Mr. Reese: My name is Melvin L. Reese, I live at
2401 SW 4th Avenue, Miami,Florida. 1 can't give the zip
code number, ---I don't remember.
When I was appointed County Manager in Montgomery
County in 1955, the leave question, annual and sick leave
was negotiated with that particular, ----they were called
councilmernbers, and when I left the conditions that were
negotiated, my severance and so on, was reconciled on that
basis. In conversation in Washington with Judge Balaban,
B.E..Hearn and Mr. DuMond, each and every time I reaised
questions because of ignorance of what was the employee
benefits for the manager, and I was assured, rather than
go into detail, that if I was appointed City Manager I
would be given the same benefits that I had received in
Montgomery County, or was receiving. Now this was the
understanding and this is what I came to town with that
understanding, and I feel that the severance or the accumulated
leave that was un-used, I should be compensated for in the
same category as other people has been compensated as well
as I was compensated for my un-used leave in Montgomery
County. If there are any question, I will be happy to answer.
Mr. Rice: Mr. Reese, I might ask was your
vacation leave 30 working days while you were ernployeed in
Montgomery County?
Mr. Reese: Thirty working days and fifteen sick days, ----
that we were allowed,--- that was what was worked out. When
I left Montgomery County, they did not, and it was part of the
agreement, compensate me for the un-used sick leave. This was
well understood, if I didn't use them I lost them, but I was
compensated for the un-used leave, which was based on 30 working
days.
Mr. Rice: I was in error for the records, that Mr.
Reese corrected me, it was Mr. DuMond as opposed to Mr. High
that spoke to him, in Washington. I have attempted to contact
all the former Commissioners and the Mayor that served at tip
time of Mr. Reese's employment, of course you know Bob high
is no longer here, and I was unable to contact tir. DuMOnd,
however I did contact Judge Balaban and George DuBreuil and
and I talked to Steve Clark, and they are here. Mr. B.E. IIearn,
our former City Commissioner, who served with such distinction
over a long period of time, authorized me to make a statement
in his behalf, because he could not snake it. Mr. B.E..Hearn,
former Commissioner of the City of Miami, and a member of the
Commission at the time Mr. M. L. Reese was appointed City Manager
of the City of Miami, who interviewed him in Washington D.C.
for this position prior to his appointment, has authorized me
to state that it was the agreement of the Commission at the
time of appointment of Mr. Reese, that he was to receive no
less fringe benefits than he received while acting as County
Manager for Montgomery County,Maryland, the position held
immddiately prior to his appointment as City Manager of Miami.
I Would now like to call on the honorable Judge Henry Balaban,
to let him review with you his conversation with tir. Reese.
SU_IrE:PPoRTI Balaban: Mr. Mayor, members of the Commission, I
arc• r ew Mr. Reese in Maryland at the request of the
Lat. We there discussed his employment and the terms of
FOLLOW»
9/13/73
his employment and it is my recollection and I so attest
that we hired Mr. Reese on the basis of his having these
Vacation days. 1 don't recall the matter of sick leave, but
I do recall the matter of his entitlement to his vacation time.
I brought these facts back to the Commission, and we discussed
it at that time, and as I recall it was approved, whether he
has taken it or not, I don't know, More than that I can't tell
you.
Mayor Kennedy: Nice to see you.
Mr. Rice: Judge I want to thank you for taking your
time from a vary busy schedule, and you were very considerate.
One of the other members of the Commission at that
time who wasn't particularly enured with the appointment
of Mr. Reese, but he is a very fair guy, and a very good
friend, and I know that you all think a lot of him, my
good friend George DuBreuil. We went to. school around the
same time, not at the same school, ---
Mr. DuBreuil: Thank you, ----for the record my name is
George DuBreuil, I live at 803 Anastasia, Coral Gables. One
thing that has been brought out here this morning, the City
at that time was not operating in the 'Sunshine law' or under
the 'Sunshine Law.' I am not trying to be facetious, but that
was one of the little quibs I had at the time. that I had '
not met Mr. Reese until the day that he was hired, brought
in and interviewed by the City Commission at that time up-
stairs. And at the time,' definitely wanted to know a little
about Mr. Reese. T want to know what his salary was going
to be and I can remember very emphatically that it was dis-
cussed backwards and forwards, he was to receive a salary
of $22,500. He was also to receive benefits of $2500.00
in expenses, this helped him tax -wise. He was also to receive
the same benefits he was receiving in Montgomery County as
the county Manager at that time. There were discussions and
for the record, I did ask what amount of leave he would be
receiving. It was definitely understood that he would receive
the same benefits that he was receiving in I•Montgomery County
and I don't recollect at the time, because that is 13 years
ago, but it was definitely the same benefits he was receiving
or the equivalent thereto.
It was a pleasure to appear here before you. It is
a little embarrasing, a man in Mr. Reese's position has to
even be represented by Mr. Jack Rice. here today.
Thank you very much.
Mr. Rice: I don't know whether to take that as a
compliment or not. I will accept it as such.
At this time, I would like to bring another gentleman
you all know well, has had a very distinguished career of
servi:e to the City and the County and I hope continues,our
former Mayor, both of the City of Miami and of Dade County,
the Honorable Stephen Clark.
Mr. Clark: Mr. Mayor and members of this Commission,
I would like to paint a little history for you, first of
all, my name is Stephen Clark, my business address is 45
Giralda Ave. Coral Gables, and that tells you not too much.
When I was elected to the City Commission in Nov. 1963
my first move after election was to meet with the Mayor of
the City of Miami at his home, at 2150 S. Bayshore Drive.
This was prior to the inauguration of the new Commission,
"SUPPORTIVE
DOCUMENTS 6
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9/13/73
I had at
find out
had been
with the
of time,
e
that time defeated an incumbent, and I wanted to
a few things about the operation of the City . I
on the Planning Board for five years, had worked
Mayor and Commission at that time for that length
and I wanted to find out about one of the most
important jobs in the City of Miami and that was the
.Manager's position, not knowing Mr. Reese too well, I
asked what his salary was, Mtiyor High responded as to
what hissalary would be and what the fringe benefits
would be. I heard some talk this morning about some
department heads were not entitled to 30 days vacation
a year, and I didn't consider Mr. Reese a department
head, I condidered him the administrative head of the
City of Miami. It was specifically told to me by the
former Mayor Robert King High that Mr. Reese was to
receive 30 days vacation time a year, but he also told
me he would not take it all at one time, it may be split
up a week at a time, --two weeks at a time, and of course
after Robert King High died ----this was my understanding
in 1963, and when the Mayor died in 1967, I became the
Mayor of the City of Miami by the Grace of God and the
help of a lot of good, fine people, some sitting here today.
I questioned Mr. Reese very closely, immediately after
assuming the position of Mayor and the office up stairs
that Mayor Kennedy now holds, and asked him to do one thing,
he was taking about taking a vacation at the time, and Robert
King High's death was untimely, you know that, and I asked
him not to take his vacation at that time, because me being
a new Mayor and not understanding the full capabilities of
what the office may entail, or the problems, to take it a
week at a time. He said, Mr. Mayor, I would like to take
my vacation possibly a week at a time or defer -it till after
the first of the year. He said he valid never be more than
two hours away from this City at any time if a problme arises.
After working with Mr. Reese, as the Mayor of this City for
three and half years, I don't believe that Mr. Reese ever
took more than a week or two at a time, but I don't know
exactly how much of the 30 days that I knew he was entitled
to that he took in any one particular year. I can say this
that many times that Mayor Kennedy and myself would ask Nr.
Reese to stay around during the month of August, especially,
that being the budget time of the year, he being so alert on
the budget could prepare the Commission because the adoption
of the budget should take place by the 30th of Sept of each
year. To the best of my knowledge, Mr. Reese was very cooperative
in this respect so far as spacing his time out so he would be
available for all questions that any member of the Commission
or the Mayor or any other person that would work for the City
or any person inquiring about the City, would be interested in.
I am here to attest to the fact that it was my understanding
some 10 years ago that Mr. Reese was entitled to 30 days vacation
time each year.
Thank you for inviting me.
Mr. Rice: Thank you Steve. I would like to show the
Commission the payroll record of the City of Miami kept
by the payroll section, and Mr. Reese's record that reflects
the time we are asking for. I would also like to make it a
part of the record, and give it to the City Clerk. I need to
make a copy, Hoot, so if you will make a copy, -----I certainly
appreciate the time you have taken hearing this. I know that
you are fair, and I hope that you give Mr. Reese the consideration
that he deserves. He had a very hard job, it is not easy to be
City Manager.yHe has done a lot of great things for the Cityof
Miamf;Si poR vitmeaning for him to come down here,
1:DOCUMENTS 7 9/13/73
FOLLOW»
but if he is entitled to it, ---I think he is entitled to
it, and I think he is a man of great integrity, --I think
you ought to give. it real serious consideration. You have
a resolution in your books, if you care to pass it, which
I urge you to do, I want to thank you very much.
Rev. Gibson: May I ask a question? Maybe this isn't
a thing for a politician to do, especially, you know, but I
want to ask a couple of questions before I can intelligently
vote, if we are going to vote. I Pastor a church and I think
we run pretty much on the same kind of gentlemen's agreement
and understanding, an understanding we operate under, not a
written contract, ---you know you get a 30 day vacation, you
can take it or you don't take it, and you don't really have
nobody to monitor you, you know what I mean? You pretty much
run the show. I 'm not mistaken, the little time I've been
here, certainly before I got here, I knew Mr. Reese ran this
show, and everybody will concede that, unequivocally so, if
there was any doubt. What really worries me, and this is the
delimma I am in this morning, I think he is entitled to what-
ever money he is justifiably, ---that you could prove, you know,
not beyond a reasonable doubt. I want you to know how quickly
I put that -I put that, as an attorney that is what you would
say. If you are judging the man, that is if the man is before
the court, ---there can be some doubt and I will go along, but .
what I don't understand is this, and I want you to note this
question pointedly, firmly convincingly, ---Mr. Reese retired
on August 17,---is that the right date? Why didn't you tell
us this before now?
Mr. Rice: I wasn't his attorney then. Let me answer this
also, that in August the full Commission was not here, and that
presented another problem to get it on the agenda in the proper
way. I assume that is the case.
Rev. Gibson: Let me do it the other way. When Mr.
Reese announced his retirement I was in Nassau representing
the City of Miami at the celebration, Independence celebration.
A11 I am saying is, you know, my bretheren, I am not opposed
to nobody, I want to do the right thing, but you know, we have
to face the public, and I have always faced the public. I've
been here back Pastor in one church 28 years,---27 years Oct. 1
would be 28, I•believe in facing the public, and I don't mind
taking the heat, but I am saying that I just don't understand
why we waited at the llth hour,after, the llth hour to dea2.
with this. I am sure somebody knew Mr. Reeve was going to
retire.
Mr. Rice: When he first announced it, he was going
to get what he is asking for, it wasn't until the final time
he was retiring,that, in my understanding, that he received
less.
Rev. Gibson: He received what?
Mr. Rice: It was first computed that he would receive
what he is asking for. It wasn't until late after he had
announced his retirement and shortly before that he knew he
was to receive less.
`(`. VEGibson: Let me say this, I've been on the Com-
OCU$E4 year April, .May, Jnne, July, August, one year
RTr. rhs? right. I never heard anybody talking about we
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9/13/73
owed him back pay, vacation pay. A11 I am saying is, I'm sure
there must have been some comtemplation in somebody's mind,
and I think we would have made, ---certainly made me feel better
and I know this isn't a 'feel-better'meeting,--I would have
felt better knowing that Mr. Reese was going to retire and
that we owed him how much? how much do you say we owe him?
Mr. Rice: Approximately 1200 hours.
Rev. Gibson: Tell me how much money, —
Mr. Rice: I don't have the money computed. Mr. Andrews
does.
Mr. Andrews: Approximately $30,000.00. Mr. Mayor,
and members of the Commission, there is one thing I want
to remind you of, that during the month of August, and
don't quote me on exact date, I have to go back to the
record, it was about the 7th or 8th when we were meeting
on some special matters, that the City Manager attempted to
introduce this subject to indicate the problem existed, and
because those meeting were called for special purposes, that
subject matter was not permitted to be introduced, so my
memory serves me well, that the subject matter ---there was
an effort made to try to bring the subject matter to the
Commission to resolve it prior to the 17th.
Rev. Gibson: There was an effort?
Mr. Andrews: Yes, sir. Then after the 17th, which
was a Friday, by that following Wednesday, I recognized the
problem that existed, that had not been resolved, I took
the time to document all of the records and I wrote to the
City Attorney raising the question and asking for a legal
opinion, and seeking the City Attorney's advice, as to how
to pursue this matter if in fact Mr. Reese was not legally
entitled to it according to the findings that were available.
Mayor Kennedy: What does the' City Attorney's opinion
reflect?
Mr. Andrews: The City Attorney has given me a memorandum
which is dated Sept. 11 which I'd better read to you rather
than try to interpret ,
"This memorandum is in response to your memorandum
dated August 23, 1973. This matter has been appro-
priately handled to this time following the usual
administrative proceedures. If in the event there
is a reason to vary from the usual administrative
proceedures in this case, it would not be appropriate
for a legal opinion but it is up to the City Manager
to take action or recommend action to the City Com-
mission."
Now, the reason that the City Manager was attempting
to bring this to the City.Commission is that the balance
of the entire executive people in the City of Miami, this
is not a problem, in that the City Manager has issued dir-
ectives on this subject matter so that there is no problem
with them, but he cannot nor would I issue a directive that
would spell out the emoluments that the City Manager is
entitled to, that would be self serving. That is dependent
'4xffie Commission's in relation to the City Manager, but
11709
• Ai ...04- other executives in the City enjoy this exact same
V vge.
�%cr>
nv O LLu 'a 9/13/73
Rev. Gibson: Did the City Manager ever ask us
to determine what ;were the benefits he was going to
receive? Were they ever asked?
Mr. Andrew': That is something you had better ask
Mr. Rice.
„ Mr. Rice:.That,was asked when he first came to work
and it was carried through right on. He didn't ask every
.year, for some years he wasn't even reappointed, he just
kept right on
Rev. Gibson: Did he exercise any of those understandings?
Mr. Rice: One year he took 29 days off. That is the
only year, most of the time he only took 10 days.
Rev. Gibson: So that my fellow commissioners will
know that I don't want to agonize the rest of my life for
not doing that which is right, I hope we, the Commission
as of today will set a policy in writing so that anybody
who works for us as a City Manager, will know how many sick
days he will have, how many vacation days he will have, and
what the other things will be, put it in writing. Man, this
is big business. You don't run your own business the way
we are running this, in this instance, and I hate to see
us do it now. Mr. Mayor, at the appropriate time, I want
to offer a motion, a resolution, that we determine what
benefits, if the Department Heads must know, the City
Manager ought to know, and know in front, and the best
time to do it is now, that we have a new City Manager, so
that this won't happen again.
Mr. Rothstein: Mr. Vice -Mayor, the Department Heads,
everybody but the Manager is covered by the Civil Service.
Rev. Gibson: I follow, but I want to make sure the
Manager is now covered by our ruling, so that this won't
happen again.
Mrs. Gordon: I have a couple of questions. The thirty
day vacation pay, does this apply to all department heads?
Mr. Rice: No.
Mr. Andrews: May I answer that please.
Mrs. Gordon: Anybody can answer it.
Mr. Andrews: The administrative directive that issued
is that a department director is entitled to 15 paid working
days vacation a year, after he has served I believe it is
3 or 4 years, I'd have to get the directive to see it, but
it is three or 4 years, he then is entitled to 21 days, if
a department director has been appointed from the classified
service and the vacation emoluments that he would receive
under Civil Service, if it is greater than that which is
permitted in the directive, then he has the option to exercise
which one of the two plans he would follow, but it would be
unusual and maybe Mr. Demby would be one of the few who would
receive 30 days or more becasue of his long tenure with the
City, approximately 40 years. Other than that it would be
splan 30 days.
9/13/73
0
Mrs. Gordon: In other words, the maximum that you
know of is 21 days?
Mr. Andrews: No, the average I would think among
the older department heads, 15 years, 13 years would
fall in the 21 to 25 days.
Mr. Rothsteiri': There, is a longevity provision so
that someone who has worked for 10 years gets an extra
five days a year. Someone 15 years,
Mrs. Gordon: What is that amount, how many days
does a man who worked that many years get, department
heads?
Mr. Rothstein: Who, Mr. Reese?
Mr. Rice: I was an employee and I received I believe
in excess of 30 days because I received my longevity plus
I never was sick so I add 6 days to the vacation and when
you added it all up I was gone, approximately 30 days give
or take a day.
Mr. Rothstein: Plus as an attorney he was on 7 day
call, as the Asst to the Director, so the Civil Service
rule allowed him 21 days, so you added that all together
it put it ,over 90 days.
Mrs. Gordon: We are getting an awful lot of round -about
answers. All I want to know is, anybody else get 30 days,
yes or no?
Mr. Rothstein: They can if they have longevity, yes.
Mr. Andrews: Bob Fe.rencik now receives 28 days. In
another two years he would be entitled to 30 days. As
Asst. City Manager I received 231 days,
Mrs. Gordon: Not a precedent. Okay, --
Mr. Andrews: No, no.
Mr. Rothstein: They are only talking about the City
Manager.
Mrs. Gordon: In other words, there are department
heads who could fall in the category of 30 days. That
is what you just said, right?
Mr. Andrews: Or more, ---
Mr. Rothstein: Through longevity.
Mrs. Gordon: In computing. the amount of money due,
how are they being computed. How many hours, 1200 hours?
Mr. Rice: I believe it is 1400 hours or thereabouts,
Mrs. Gordon: How is that computed? on the basis of the
year salary in the:year it wasn't taken? or as of the salary
at the time of resignation?
Mr. Andrews: It is computed on the basis of at the
time of resignation, and this is applicable to everyone
.„►+ FLleaves the City. All the emoluments are based at the
11!eejpsent time on the pay that the employee receives at t1'e
ytTfne he leaves.
11
9/13/73
Rev. Gibson: Let me ask a question, something else in is
my mind. You mean to tell me if a man of his own volition doesn't
take his vacation and he accumulates X number of hours, --if Out
of the generosity of our hearts we vote him a fifty thousand
salary, we pay him all those hours based on the $50,000., is
that what you are talking about.
Mr. Andrews: That is right.
Rev. Gibson: We had better gat some pblicy.
Mr. Andrews: Except you have added one ingredient that is
not so. and that the voluntary, aspect of it. The procedures that
have been set up by the City Manager is that the Department
Director must write a.memo in advance of the close of the year
requesting a carry over of any.un-used vacation time. The Manager
makes the decision whether he is in a position to take that vacation
time before the end of the year so it does not accumulate. And if
there is reason and justification for his not taking the balance
of vacation due because of City busire ss andthe Manager has permitted
to carry over a vacation time.
Mrs. Gordon: Mr. Bailey can you speak to any of this please.
You are directly concerned with budget,
Mr. Rice: Before Mr. Bailey comes back,
Mr. Plummer: I want to ask this question. Obviously this
has come about that Mr. Bailey as Dir of Finance has said 'no',
The one question I want to ask, is there any dispute on any one
part as to the number of days he took.
Mr.
30 days.
Rice: No, the only dispute is, to the record of the
Mr. Plummer: --as to whether or not he is entitled to 30
days.
Mr. RiceiThere is no other,
Mr. Plummer: There is no dispute as to the amount of time
he took and did not take?
Mr. Rice: Not that I know of, with the exception of,
Mr. Bailey, never that I know of, when it comes to officials,
such as the Commission or Judges or those who serve in an official
capacity, if they take a vacation, he never questions it, because
1 know that some officials have not always adhered to the 10 day,
15 day or 30 day rule. I know that of my own knowledge after being
here all these years.
Mr. Plummer: My other question is to the City Attorney. I
heard some question raised to that because we hire the City Manager
we, the Commission, we likewise hire the City Attorney. Now, Mr.
City Attorny do you have anything in writing as to what the City
Attorney receives as far as vacation is concerned and because we
hire you also, so is there a policy there or is it an unwritten
rule or just what is your status.
Mr. Rothstein: I am covered under the Civil Service by
specific ordinance. In other words, what I get, is exactly covered
by Civil Service Rules.
"SUPPOR`FIPf
DOCUMENT:.
FOLLOW"
You in the classified position,?
12
9,13/74
Mr. Rothstein: No, Civil Service is both un-classified and.
classified for certain rules and regulations, and they name the
City Attorney specifically ih there along with the City Clerk
and similar departments.
Mr. Plummer: What is yourstatus?
Mr. Rothstein: my status would be under the provision of
7 days per week on call; of 21 days per annum.
same
Mr. Plummer: Mr. Southerg, since you fall under the
category, sir, what is your status?
Mr. Southern: 2 come under
most of my tenure with the City
the higher of the two, I was in
mine wouldn't apply here.
the Civil Service because, for
1 was Civil Service so that is
classified service, so that
Mr. Rothstein: He wants to know the number of days you
are allowed.
Mr. Southern: r would have to look it up, really. I am not
sure about. I comes close to 30 days.
Mr. Rothstein: How long have you worked for the City?
Mr. Southern: Twenty-two years.
Mr. Rothstein: Mr. Southern would be entitled to a, --the
five -day -a -week whick.is ten working days, plus the 20 years
which would be 10 extra days, plus some other provi.dons.
Mr. Southern: We have the conversion factor there on vacation.
Mr. Rothstein: Right, the conversion factor.
Mr. Plummer: I really didn't get a lot of answers but
thank you.
Mr. Southern: I am sorry.
Mr. Rothstein: I think there is one thing that should be
said as a foot note to what the Vice Mayor asked, when he asked
about the fact of employees taking time and or, not taking time
on vacation pay, or what happened, --each department head must
send to the Manager about his employees who are not taking their
full vacation. Let me tell you of my experience which I think
Mr. Andrews who just chatted about it, will tell you, for a number
of years now, because of budgetary situations, at least four years
that I know about, every department has been working at an under-
staffed level. In other words, there were freezes put on hiring on
the last few years, that each and every department, you are not
working at full staff level, and so many times, we have to ask
some personnel to stay on some period of their vacation time if
they can, in order to accomplish the things we need to. In other
words it is not something where, ---I think you ought to hear from
Air. Andrews about it, and he will give you the true feel of what
is happening. People are just not accumulating their vacation ties
for purposes of making money. That is unfair to our employees.
Rev. Gibson: I understand that, because I heard, you know
you have certain positions, ---I remember the budget says for
instance, the man in charge of Planning, Mr. Acton has some
«S U PPORMr can understand that, but let me tell you something,
DOCUMEN i,
FOLLOW"
1
9/13/73
I'll tell you what really troubles me in my thinking, we had
a able, competent City Manager, so much so I fought to get him
appointed.See What I mean, all I am saying to you is, man you
knod, I am troubled that we didn't our business or our sit--
nation was in such a bad shape,, . that we couldn't afford to release
the City Manager to take his vacation, and pleasr understand I
have nothing against Mr. Reese. We are friends, but my friendship
doesn't blindme when.I am handling public money. I have no
friends when it comes ; to , publ .c money: I want to do what
the people put ::me .up here to ;do, that' is what .my. Commissioners' " -
I want to change that, it is kind of tenuous kind of
thing, but the point I make is, I am troubled certainly for a
year. When I wann't here, I couldn't be troubled or concerned
and no reflection on my fellow Commissioners. I now must face
it, the monkey is on'my back, and I am disturbed, and I urge
the Commission, certainly from now until November, we ought to
get a policy that this doesn't reoccur.
Mr. Bailey, Finance Director: Mr. Mayor and Commissioners,
I find this an embarrasing position to be in. I hardly know
how to begin except to say that prior to this incident, every
City Manager had worked under the Civil Service rules and been
paid under Civil Service rules just like every employee of the
City. When Mr. Evans was City Manager, he left the employment
of the City, he was paid for his accumulated sick leave, in
accordance with Civil Ser. Rules and regulations. Now, he at
that time wanted an extra month's pay and he was advised by
my predecessor, that he could not get both an extra month's
pay and take advantage of sick leave under Civil Ser. Rules,
he therefore accepted the sick leave provision under Civil Service
because it amounted to more. When,Dutch Willard was City Manager
for a year or little better, he also was paid on termination
based on Civil Service rules --however, the City Commission did
vote one month addition pay, and he was also paid thet. Now
up until the time Mr. Reese wrote his memorandum, his -his dir-
ective in 1965, no employee of the City was entitled to any
benefits or accrued any benefits other than provided in Civil
Service rules, that included Department heads and everyone else.
We all had the same vacation policy and privileges, same sick -
leave privileges and that sort of thing. Now, when Mr. Reese
was appointed, I find nothing that says by resolution that he
was entitled to 30 working days per year. I have found nothing
since, and in 1961 I believe it was, during a discussion there,
when Mr. Reese was re -hired, in the discussion, I believe one
of the Commissioners said, when Mr. Reese said he would like to
-take 10 days vacation, somethirrl of that nature, the remark was
made to take a month or something of that nature, however there
was no indication of any 30 days accumulated sick leave anywiere
at any time. In computing Mr. Reese's termination pay, in all
fairness, I didn't think you could be paid merely on the basis
of Civil Service rules, so I thought that the• only thing I
could do in all fairness to myself and him since by law I am
responsible personally liable for any payment made which is
not appropriated,than,-----I did say to the department computing
the terminal pay to compute on the same basis as if he had been
a department head. That is really provided more than Civil Service
benefits. Now we all know that the City Manager can take as much
vacation as he wants at any time. I would never question it. If
Civil Service rules said 10 days, and he took 30 days, I would
pay him for thirty days, I can guarantee you. However, because
there was nothing to -indicate that he was entitled to 30 days
annually accumulated, that is the reason for this delimma we
find ourselves in. I might say that Mr. Reese also was paid for
"
SUP 3ORTfq ill time when he was terminated. That falls under
DOCUMENT(' 9/13/73
FOLLOW"
• e
Civil Service, not under a resolution or anything else, so
the total time you are talking about is somewhat over 1400 hours,
1444 hours I believe to be exact.
Mr. Plummer: Mr. Bailey, what you are really' saying is,
that really in fact you had no formula to go under, is that
correct?
,.; s_.Mr. 'Bailey: ;That,ris , correct because of,' b6Cattse
: the circumstances surrounding the thing.
Mr. Plummer: The statement you made kind of bothered me,
that as Director of Finance, that is the City Manager could
take.all.the vacation he wanted and you would never dock him
for it, --where do you establish that formula?
Mr. Bailey: The City Manager is a Chief Administrative
officer of the City of Miami, and if he wants to take 30
working days vacation, regardless of what Civil Services rules
and regulations say, I am not going to try to dock him under ----
I will tell you that. The same thing would apply to ill time,
assuming that he had no ill time. Certainly he would be entitled
to his salary, as I see it.
Mr. Plummer: Let me ask this, you say you did make a
computation, do I understand that you made him an offer of
a certain settlement for his accumulated time. You made no
offer?
Mr. Bailey: No, sir, I tell you exactly what happened.
we received from Mr. Reese's office their calculations of hours
which he was entitled to, and then the question arose in the
face of having nothing in writing of whether he was entitled
to 30 days accumulated per year as it had been calculated in
his office, so within 2 days, he had our calculation and the
reasons for that and Mr. Reese called me and asked me about it,
and I told him that this was the way I saw it, and that if he
would get an oppinion from the City Attorney that I was wrong
I would pay him there and then, or if he would get the City
Commission to adopt a resolution to the effect he was entitled
to it, I would also pay it and that was the end of it.
Mr. Plummer: I am trying to get down to the nitty-gritty.
His contention is he has 1400 and 44 hours that is just due
him, what is your calculation?
Mr. Bailey: What he was paid, 202 hours from 1600 is
46 if recall correctly,--
Mr..Plummer: Are you telling me in his 13 years, he took
202 hours of vacation.
Mr. Bailey: No, sir, I am saying un-used was 202.
Mr. Plummer: That is what I am trying to get at, what
calculation did you use.
Mr. Bailey: That is based on, as I indicated a while ago,
the Civil Service rules up until the time Mr. Reese issued
his directive for Department heads. Subsequent to that, I give
him the same benefit he had provided for department heads, which
was 21 working days, or 168 hours per year. Now, in many of those
years, several of them, subsequent and including 1965, Mr. Reese
i C�J u p a ► three years, where he took considerably more than: 168
ever, he had accumulated time, which was zero hours,
"-CUMENiS ; 9/13/73
FOLLOW'
in 1966 which meant that the 202 hours was accumulated after 1966
unf_il termination.
Mr. Plummer: Mr. Bailey as a department head, what do you
receive, sir?
Mr. Bailey: Twenty one days, all the benefits of Civil
Service, and S might say I used Civil Service for a couple of s,
years after 1 had the option, ' because had thebenefit of sick
leave which provided me with six days, ---
Mr. Plummer: What you are telling me is you have 27 days.
Mr. Bailey: No, sir. You can't double up; it is one or
the other. Either you take the 21 days and forego the conversion
of sick leave, or you go under Civil Service and use the con-
version factor. If you are allowed 15 days after 10 years,
and you are fortunate enough not to be ill, then you can convert
half of your sick leave, which is 6 days, will give you 21 days
anyway.
Mr. Plummer: What I am getting at, I remember Sgt. Prince
was here and Sgt. Prince was speaking to increase the amount
of benefits, -Fr. Gibson, you might want to hear this, for I
remember it very, very well. It seems like to me last year
the Commission by action changed the amount of a bank from
120 days to 240 days, or was it unlimited?
Mr. Andrews: No, --
Mx. Plummer:----unlimited,----okay, now that very question
Fr. Gibson you 'raised was brought out at that time, on what
basis would the days be paid, and it was brought out at that
time very clearly, that it would be paid on the basis of the
salary received by the person at the time of termination.
Mr. Bailey: That is correct.
Mr. Plummer: Thee is no dispute there, but what I was getting
at was, Sgt. Prince indicated at that time that he was approaching
the 120 days, I think he had 117 at that time, and if he went
beyond, he could not add more than three days and the rest he
would lose, and the rest of it he would be forced to stay out
of work just bec ause he could not accumulate it, and that
was the argument I recall we used to increase it.
Mr. Bailey: I would say it was doubled from 120 to 240 days
and also the termination pay, which an.employee could receive
was doubled from 60 to 120 days..
Mr. Andrews: May I assist the City Commission, when Sgt.
Prince arrived to discuss this with the Commission, the annual ----
the leave time that an employee could accumulate and be paid for
in severance pay was 60 days, and the City Commission had under
consideration of raising it to 120 with unlimited number of sick
days you could collect beyond the 120 but you would only be paid
120 at the time you went into service retirement. Sgt Prince was
indicating to the Commission that he was at, or over the 120 days
and he thought it was unfair that he should be penalized this way
it forces him to use the ill time to take advantage of it after
you had reached 120 days, because 120 days, the Commission was
making a decision that the employee would be compensated for those
120 days when he went into service retirement.
iiPPOwT1k mer: That is what I thought I said, maybe I misunder-
.) �.; �� 4 me ask one other question. If Mr.. Reese' s -if we used
f 16 9/13/73
e
r
his calculation, do you have any dispute with the 1444 hours,
if we use the 30 working days?
Mr. Bailey: If the City Commission directs by resolution
to pay it, I'll pay it.
Mr. Plummer: Nu,.sir that is riot my question. My question
is according to your records, of .tit time he actually took,
during his 13 years tenure, -is thereany disputeon you part
that if in fact 30 days is what is due him, is there any dis-
pute in his department that it wouldn't be 1444 hours?
Mr. Bailey: No, no, it is absolutely correct there,1444
hours is correct.
Mr. Plummer: That is what I was getting at.
Mrs. Gordon: Another point for clarification, Mr.Bailey,
I think you said that when termination took place, you paid
Mr. Reese all the earned ill time, or there some ill time that
you, -in the severance was, ----
Mr. Bailey: Yes, Ma'am ,--
Mrs. Gordon: -and Mr. Rice I think X heard you say that
there was no request for that.
Mr. Rice:No, we, ---may sent down one terminal pay,
separation figures and he re -computed it, ---what Mr. Bailey
did he re -computed his own records that they kept in payroll
and Mr. Bailey will admit that the payroll records did show
Mr. Reese at 30 working days from the inception of his employment
until he retired, however Mr. Bailey was of the opinion the
record shouldn't be followed because of his thoughts on the
proper way to give Mr. Reese severance pay.
Mrs. Gordon: We are talking about not vacation pay, --
we are talking about sick,
Mr. Rice: No, we are talking solely about vacation pay.
Mrs. Gordon: No, you said something else. Did you talk about
time that wasn't taken for ill time.
Mr. Bailey: Yes, Ma'am, ----
Mrs. Gordon: Did you tell me you paid that time of severance
Mr. Bailey: Yes, Ma'am.
Mrs. Gordon: Did you, when you first started your discussion
today say something about we are not asking for any un-paid ill
time.
Mr. Rice: No, that it not in the controversy.
Mrs. Gordon: You didn't say that at all?
Air. Rice: If I said 'it, I don't know exactly my terminology,
but that is not in conflict. Ill time is not in this,
17
9/13/73
Mrs. Gordon: I know it is not in conflict but 1 thought
you said, we are not asking for this, we only asking for that,
and you know,
Mr. Rice: That is in context with our argument here,-
we are not asking anything about ill time, because that it
is not in dispute.
Mrs. Gordon: There was no need to ask for it because
that was taken care of.
Mr. Rice: That is right.
Mrs. Gordon: That is what I wanted to determine and
put on the record. Thank you.
Mr. Rice: I would like to ask Mr. Bailey if it isn't true
that those records payroll had did not reflect that Mr. Reese
accumulated on a basis of 30 working days rer annum.
Mr. Bailey: Yes, but I. would like to qualify it and
say that the first knowledge we had Mr. Reese thought he
was entitled to 30 days was several years after he came to
work, and when we changed our system to keep up the date
and ask each department annually to work with us and synchronize
and be certain we had the same ill, vacation time records and
conversion factors for vacation purposes and Merrit Stierheim
who was the Asst. at that time signed the first 30 days, and
there is a notation on our records that states that to be paid
on the basis of 10 vacation days per year, and that was at my
instruction to Mr. Forger who was chief accountant at that time
because we had nothing to indicate otherwise.
Mr. Plummer: Let me ask one other question of Mr. Bailey.
Really in fact what we are talking about is, in lieu of nothing
in writing, in fact he has no days, ---
Mr. Bailey: Except as provided under Civil Service rules.
Mr. Plummer: But he doesn't come under Civil Service rules.
Mr. Bailey: He does, specifically. It says all employees
and he is in the un-classified service listed in the Charter
of the City of Miami, the City Manager.
Mr. Plummer: I'll ask one other question and then I'll
let my fellow commissioners, ---has anyone disputed, or can anyone
dispute what he was receiving from Maryland. I have heard Mr.
Rice stipulate that it was 30 working days, is the situation
he worked under in Maryland. Has anyone, ---do you have a contract
to show that's what he was receiving or is anyone disputed that
that was his emoluments in Maryland?
Mr. Rice: I have Mr. Reese's sworn statement.
Mrs. Gordon: I don't doubt for one minute that anybody is
saying anything that is not true, the way they see it. Really
I don't, the only thing I would like to know, is a man as capable,
Mr. Reese I address you, as you are, that you didn't provide some-
thing in writing, over all these years, for the records to re-
flect, what you are entitled to, ---it amazes me.
Mr. Rice: Mrs. Gordon, the records do reflect that,--r--
£ SUP c:s�Zd � 3 records to reflect 30 days. We never knew there
y dispute of it until the time ho retired.
DOC ENT:., 18
FOLLOW" .�/13/93
Mrs. Gordon: Reflected where?
Mr. Rice: On those records I gave to Mrc--
(tTnidentified person: Here they are here+. •
Mrs. Gordon: Mr. Bailey, will you look at these
;, , ' <tecords •and, tell . me if,these records reflect that.
•Mr+.,Andrews:, Mrr Mayor and members of thi§ Commission
the records,= ---while Mr. Bailey is looking at the records
and preparing to answer, as a matter of fact, the records
would arrive in the City Manager's office, the record that
arrived had more than the City Manager on it, --it has the
Asst City Manager, it has the clerical people,the staff people,
all who are appointed and it denotes the amount of ill time,
they are accumulating, what they are entitled take the coming
year, the amount of vacation time, the accumulation of that
vacation time, those records that arrived from the department
of finance which show in any given year, in Mr. Reese's case
and in my case, certain number of vacation days earned that
year, and in a separate column when you look at the papers,
describes carry-over of accumulated vacation time, and the
impression was that there was a solid record there, and there
was no reason to dispute it.
Mrs. Gordon: Let me make the records clear. I am not
against justice being done and I want it to be done, but I
want us to be furnished complete facts and we are being furnished
now with Mr. Bailey, ---will verify as Mr. Rice has stated that
the records reflect those 30 days they are supposed to be given
then I have no dispute. I just say there has to be some record
somewhere, sometime during 13 years to show that this•is a fact.
Mr. Bailey: I must say as I stated a while ago, that we
put 30 days on the records when it came down from Mr. Reese's
office after several years, which was the first knowledge we
had of it, but we did make a notation on our records to pay it
on the basis of 10 per year according to Civil Service rules
which everybody else had always been paid under.
Mrs. Gordon: But it did come down to you on the basis of 30 and
you did not make any dispute to Mr. Reese about that at the time?
Mr. Bailey: I cannot say whether the Chief Accountant did, --
I know he didn't, but he might have but I cannot say, -spoken to
Merrit Stierheim, who was one of Mr. Reese's right hand men, --
Mrs. Gordon: Mr. Reese was never alerted to the fact that
there was a discrepancy at any time during that period. He
wasn't aware of what youtnotation was.
Mr. Bailey: It could very well be Mr. Reese was never aware
of that. However we had nothing to indicate otherwise, as I in-
dicated .
Mrs. Gordon: Okay, then, we must in my opinion take testi-
mony as evidence and that is what we are doing.
Mr. Rice: I know you have taken a very long time on this
but Mr. Reese's immediate predecessor was given in excess of 30
days and he took over after Ira Willard resigned as City Manager.
«s U P p��lummer: I was out of the room, Mr. Bailey would you
��`` answer in reference to the records that were given
DOCUMENTS
FOLLOW" 19 9/13/73
Mr. Bailey: Our records indicate, several years later,
three Or four years later, when this first arose from our
changing of our methods of keeping this vacation -ill -earned
time records. It did come down from.Mr. 'geese's office 30 days,
Mr: Plummer: Mr. Dailey,let erne ask this tinestion of you
sir, how much accumulated time do you personally have over your
tenure of employment with the City?
Mr. Dailey: What do you mean?
Mr. Plummer: As of today,
Mr. Bailey: Ill time, for instance:'
Mr. Plummer: No vacation time, sir, ----
Mr. Bailey: Oh, I'd say 55 days or something like that. -----
As of last December 31st.
Mr. Plummer: -if you resigned today, you would resign under
the natural assumption that those 55 days would be paid as of
your pay today. Is that correct?
Mr. Bailey: I would. Yes
Mr. Plummer: X wanted to getthat. straight, because Fr. Gibson
raised the question. I has been raised many times before this
Commission. You give a man a benefit today, if he doesn't take
it and he delays it, until his termination, he is paid on
different basis. He is paid on the basis of what he gets when
he leaves.
Mr. Bailey: Absolutely right..
Mr. Plummer: I want to make sure for Fr. Gibson that
that is established, ---that point, right or wrong, I can
remember Mr. Reese himselfbringing that point out, that
you not necessarily can calculate a benefit on today's conditions
because the employee might not take the benefit today. He might
delay it out until his terminal time and that benefit could
cost you a lot more.
Mrs. Gordon: And there is no maximum number of years
for the deferment, is there Mr. Bailey?
Mr. Bailey: The classified service, I believe someone
stated a while algo and it is true, unless they get permission
to carry -.over certain vacation days, lose those days. The rule
requires them to take their vacation as it accrues.
Mrs. Gordon: And they can't defer it for a period of
time till they retire?
Mr. Bailey: Not under the rule.
Mayor Kennedy: Mr. Bailey, this time will be compensated
on the highest paid of Mr. Reese's
Mr. Bailey: I beg your pardon, ---Mr. Mayor.
Mayor Kennedy: What will this pay be based upon. The
highest level of pay he has obtained,
"S U PV Rhiailey: _---at
DOCUMENTS
FOLLOW"
the time of his retirement.
20
9/13/73
Mayor Kennedy: ---the pay at time of retirement?
Mr. Bailey: Yes, sir, ----
Mayor Kennedy: so you.go way back even to the
first year he was -'--
Mr. bailey: Yes, sir, --
Mayor Kennedy: ---take that time at the pay he started.
Mr. Bailey: All it paid at the current rate.
Mayor Kennedy: Is there any precedent to that in the
City of Miami?
Mr. Bailey: It has always been done that way. Termination
pay is based on your current rate.
Mayor Kennedy: The City Manager in the past has had to
approve this for department heads or others, right? when it
comes up whether or not they can bring that time. forward or
whether they have to take 'their vacation time.
Mr. Bailey: That I cannot answer. It is still a part of
the Civil Service rules. When this directive was mailed in
1965 there was some confusion about whether or not the depart-
ment heads etc. could convert their sick leave, and really no
policy was never established, and the Civil Service Board
finally took official action and stated that Mr. Reese intended
to give additional benefits over and above the civil service
rules to department heads.
Mayor Kennedy: Who wants to speak in behalf of the
Civil Service Board.
Mr. Huttoe, Chairman of Civil Ser. Board: I am not
speaking in behalf of the Civil Service Board Mr. Mayor,
but as Chairman of the Board, I would on the questions that
have been asked of Mr. Bailey here, in regard to Civil Service
Rules. Up until 1971 when the rules were amended,.it provided
for no carry -forward time. In 1971 when the rules were amended
it provided for a carry=forward of a certain amount of time,
provided the City Manager, the Department Head and the Executive
Secretary of the Civil Service Board approved. Up unitl that time
there was no carry forward. However, I don't want to be put in
the position to oppose Mr. Rice or Mr. Reese, because he certainly
was the City Manager, and the Civil Service Board or our Executive
Sec. or no department head had anything to do. He was the admin-
istrator of the City, and applied. But I would like to point out
one thing, because 1 think in all fairness to our employees and
to Mr. Reese, there were people who were paid for accumulated time
and I believe if you check the records , Mr. Bailey may correct
me, he knowsmore about the budget that I would ever know, I think
Mr. Correll got a years pay on accumulated time. I want to be
fair, and I think Mr. Bailey can correct me. He has the figures,
but this is information I was given. However I go back sone 5
years ago or 6 years ago, I can't remember the exact time, and
the Civil Ser. Board in an investigation was back in the finance
on some other matter, and happened to see a check for almost
$10,000. for a captain in the Fire Dept. laying on the desk, and
we knew that this man was retiring. And we asked what is this
10,000. for, and it was for an accumulation of earned time
" sUlb 14TI
DOCUMENTS
FOLLOW" 21
earned as a firefighter, as a Lieutenant and as a
9/13/73
Captain over a great number of 'years. Even when he was making
only two hundred and something a month, and I do not know what
he was making,at the time. At the same time the Manager became
aware of this because he saw this amount of money that appropria-
tion had to be made for. These were single shot cases, that were
coming slowly through, so at that time the Manager ordered the:,,
Chief .of Dept of Fire, and this was the department which was
accumulating a lot of time because they have to in the Police])
'Dept. mainly because they work emergency hours. They work
Christmas, New Years what have you. We have to man those
departments, so the Manager at that time ordered that these
hours be worked off tha books and these hours were worked off,
the.books by even one officer I can recall, I think was off
for nine months in one year. I-Ie is dead now, Chief Davis, I
believe he was off for a period of nine months. He went off
33 months and came back and took his vacation and when he
returned from vacation he went off another three months.Now
at that time, that these men were ordered to take this time
off and reduce their pool to no more than 500 hours, we were
short because we had not sent anyone through the fire college
two and half to three years, and we were already some 30 or 40
men short. We rode with three men on some trucks that the under-
writers required to ride with five. In other words, we werein
violation with the rating of the City of Miami which was as
you know is the lowest of a city of its size, but we were in
violation of the standards that were set and the man -power
which is recommended and which we were supposed to meet, --
we were two men short on those trucks. In fact, the Chief
had to take some of the trucks out of service in the downtown
districts, but nobody said anything about because they didn't
want the roof off.
Mr. Rice: Let me correct Mr. Huttoe. No employee of the
City of Miami has ever lost vacation time by an administrative
action of wiping it out, and I defy him to tell me one employee
and every employee has gotten all of his accumulated vacation
time at the time he retired unless he had taken it prior to
retirement . What Mr. Huttoe is saying is that in some classi-
fication that you are required to take your vacation, and not
all the time are you required to take if the City Manager lets
you accumulate, but I know that I accumulated a lot of vacation
time and I believe 120 days sick leave at the_time I retired,
and if anybody knows the employees and worked harder for the
employees than myself, then if any of them ever had a problem,
when I was in the law department, they called me and I know of
nobody that lost that accumulated time. I'd sure been told.
Mr. Huttoe: In answer to Mr. Rice there, I don't think
I said that anybody had lost the time. I said until 1971 when
the rules were amended, and I am speaking of Civil Ser. rules,
there was no provision for the carry --forward. I didn't say they
weren't paid. I said there was no provision for it, after 71,
am I correct? After 71 the amendment to the rules did provide
for certain carry, ----under certain guidelines, they carry
forward, but let me say this being I am back up here, the
Attorney General of the State of Florida has ruled, that where
there is a guideline for negotiation, and so forth, that the
Civil Service rules even though they may he a Civil Service
rule is null and void, in otherwords if it sets forth in the
g.aidelines and negotiations and I would assume this is contracts
ccSr WO Tbecause that is what you enter into after negotiations,
lVEn theposition where the Manager's office is negotia-
<-Ii Itx lloyee groups, with things that may be included in
tilr.Si es such as sick time, vacation time, holiday time
['. nd ic*, kNwhich are negotiable itgms set forth and that if y
44 9/13/73
agree and enter into a contract, under the Charter the only
people that can change those rules must be initiated by the
Civil_ Ser Board and after a hearing and approval by the Board,
Chen approval by the Commission, so you see they would be a
clumsy position and the.Atty. General has ruled where the guide
line of negotiations is set forth, then those negotiations would
be over the Civil Service rules.
Rev. Gibson: Mayor, x want to make sure everybody
understood what I said. I have no problem with accumulated time
and carrying over for the employees. Let's get that straight.
I understand that if you are short of men and you have got
to ask men to work because you don't have an adequate compliment...
of men, you just ask other men to work. I understand that. That
is not my problem. My problem is, and I raise this question, how
did we let this happen in the case of the City Manager and It
wasn't brought to our attention all this time? That is all.i
am saying. I have no problem with this firefighter's suit because
they ought to have 30 men and they only have 25 men ardthey've
got ask somebody out of the 25 to work longer than or more hours
than that is not what I am addressing myself to, please
understand. I know how labor disputes can get. I want to make
sure everybody understands that.
Mr. Rice: Mr. Huttoe did help me somewhat in saying that
the Atty General says negotiations are a part of the contract.
and certainly after hearing Mr. Balaban and the statement of
Mr. HIearn and Mr.. DuI3reuil, I don't think there is any question
that Mr. Reese negotiated compensation was that particular
item and I don't know why it was never brought to you, but there
isn't much need to bring these things to you until something
happens like this, and I am sorry it had to happen at this
late, in the career of Mr. Reese.
Mayor Kennedy: Anyone else like to say anything? Mr.
Andrews do you want to make a recommendation on this?
Mr. Andrews: Yes, based on my knowledge of fact and
my understanding of what was happening through the years,
it would be my recommendation that you adopt the resolution
that has been placed before you to provide for this severance
pay -
Mayor Kennedy: Let me ask you this. If it hadn't been
for the agreement that the three Commissioners said that
they were privy to, what would he be entitled to?
Mr. Rice: I never thought of that because there are
so many variables. Actually, as the Finance Dir. said that
he didn't know what he was entitled to he used his best
judgement which was predicated on the department heads
and certainly Mr. Reese is not a department head.
Mayor Kennedy: What would you be entitled to Mr. Andrews
without an agreement to the fact, since I don't believe you
have an agreement like that.
Mr. Andrews: Not at this point, no.
Father Gibson:
this hadn't come up,
c"`,►
'jdow, I
y
«.% ,t ;rat � f :.
Let me ask a question, Mr. Andrews, if
I'll clo it this way, if this hadn't come
don't want you to tell me what would happen
9/13/73
23
now that you are the City Manager, Don't give me that. Give
me what you thought would have happened, or what would have
been the position if you, ---if we didn't have this dispute.
You understand?
Mr. Andrews: Yes, I understand, I can tell you very
honestly., when the: resolutionwas being introduced to establish
the salary, I•stepped.over to Commissioner Plummer and said
pleaseinclude in theresolution that the emoluments enjoyed
by the former City Manager, Mr. Reese, and so stated, including
the emoluments, and I think the resolution we can get, states
it that way, and it was my sincere belief that that moment,that
the Manager was receiving 12 days ill time which cumulative to
120 days as far as severance pay was concerned and continued
accumulation if he should need it beyond that if he became ill,
that it included 30 working days, that was my understanding
and that it was cumulative. This problem did not,
pardon me,
Mayor Kennedy: No limit on that,
Mr. Andrews: The 30 working days would be vacation, ----
there would be no limit on that, ----that was my understanding
and that was all before this problem occured, because it was
after that July 26 date that all of this begin to develop. Mr.
Reese submitted his papers .to finance department many days after
that and it was my understanding at that moment that these were
the emoluments of the City Manager. That is why I make this
recommendation to you, because in clear conscience that was
my understanding at the time.
Mayor Kennedy: In other words, if Mr. Reese is granted
this basis then by your contract, that has been negotiated,
you feel you are entitled to that also.
Mr. Andrews: Rather than ride on that at this point,
because of all the discussion that has taken place, I prefer
to prepare a resolution of my understanding and present it to
you, and you adopt that separately at another time so there
is no misunderstanding henceforward.
Mayor Kennedy: I am not saying Mr. Reese is entitled to it,
but X have been on the Commission since '61 and I never heard of
it and I must have been at the meeting Mr. Clark was at at Bob
High's office,---house,because I had never heard that Steve,
before.
Mr. Clark: As you remember in 1963 we wern't on the
same side of the fence, and I defeated an incumbent, and I
was invited personally by Bob High, with no other members
present to meet him at this home, and I asked, ---this was
about two days before we were sworn in, and that is when the
discussion became apparent to me as to what Mr. Reese, --any
manager was entitled to.
Mayor Kennedy: I don't doubt that Steve, I just say I
wasn't privy to that. No one has ever told me that and I've
been on the Commission since 1961,-----
Mr. Clark: Mr. Mayor, I think you can look back in the
records and find out that we have, since we have, ---since we
served together, told Mr. Reese to take the time off during
E 'the .year rather than specific times, or at a month at atime.
It .was' ways my understanding he had 30 days,--30 working
24
9/13/73
days vacatTvn time a year. That was myunderstanding nderstanding and my
testimony.
Rev. Gibson: I know this is important, you know I feed.,
I want to express myself so nobody ever doubts where I stand
or. What .I am thinking. What Mr. Bailey said about computing
makes me kind of uncomfortable. Maybe 1 could, justify to the
public, so I'll use the rule of thumb of Civil Service and
all.this.business, ---1 question how comfortable I could be
the other.way. I want to putmy fellow Commissioners on guard
that I could be comfortable with Mr. Bailey's computation, is
that what you call it, computation? the way he computed it.'
If you do otherwise, I may, I'm going to be
to the action. 1 find it a little difficult, uncomfortable.
I get excused one minute, and when you get ready for the
hold out, way back, like J.L. says, I'll be right here.
Mrs. Gordon: In the interim, we are all having an
intermission, the past couple of comments.
Mr. Plummer: Mr. Mayor, are you ready for a motion?
Mayor Kennedy: I would rather Rev. Gibson get back in
the room, wouldn't you?
Mrs. Gordon: I want to say there is a clear cut mis-
understanding somewhere up and down the line, and I don't
think if we were Solomans we could solve this to satisfy
everybody, but one thing is very strong influencing factor
in my mind and that is that a man of the caliber, of those
men, I should say caliber of the men who are here to attest
to fact that this was an agreement even though it was not in
fact recorded in writing anywhere, and also the fact that
Judge Balaban attest to being present at the agreement time
and certainly I can't find it within my imagination to doubt that
Judge Balaban would come in here and attest to something that
wasn't 100% true, so he attested he was there when the agreement
was being made, is that right Mr. Rice?
Mr. Rice: That is what he testified to and that is what
Mr. B.E. Hearn told me and what Mr. George DuBreuil stated,
and what Mr. Reese stated, and his immediate predecessor in
office received, 30 days working less than the year in the
position.
Mrs. Gordon I also take into consideration Mr. Bailey's
interest in the City accounts and I appreciate his concern
and 1 appreciate his computation being based on what he
believes to be a fact. What troubles me also is the fact that
the memorandum coming down from the Manager's office testifying
the 30 days vacation pay was not ever disputed to the Manager's
office an3 that is a troubling fact, Iir. Bailey that bothers me.
I am just making comments and not motions, and I wanted my thinking
to be public, and let you know how I feel. I feel we are in a
delimma and when Father. Gibson gets back and Mr. Plummer is going
to make the notion, we will make our decision then.
By the way, there is one thing in my mind and no one has
said, and Judge Balaban has already left, at the time the agree-
ment was made for the 30 days according to Judge Balaban's test-
imony, was there also a discussion as to this 30 days being
cumulative? In other words, could or would, was the contract
to hire Idr. Reese based upon 30 days per year, and if not taken,
cummulative till the end of tenure?
t1r. Rica: tars. Gordon, you know, that wasn't discussed
as far•,as I know, ho,ever, the Commission must -appoint a0 "
9/13/73
•
Acting City Minnager by law before fir. Reese can 3.eave. You
control whether he can go or not. Mr. Reese can't go, or Should
not go because the Charter says that in his absence or sickness
that you Shall appoint an Acting City Manager who shal3not
receive the compensation as City Manager during his absence
or illness, that is verbatim in the Charter.
Mrs..Gordon:,That is not what I asked,Jack. I didn't ask
that. I said Nudge Balaban,has left and so I can't question him,
---Mr. Reese, let me ask you -.this question, the 30 days that
we refer to which we heard Mr. Balaban attest to was a part
of hiring agreement, was there also discussion of whether you
could accumulate un-used portions.
Mr. Reese: Mr. Mayor and members of they Commission, when
I stood up here previously, I told you about the arrangements
I had in Montgomery County,Maryland, and it was 30 working days
and I told you about being paid on a cummulative basis when I
left.
Mrs. Gordon: How long did you work for them, may I ask?
t+ir. Reese: I worked for Montgomery County 5 years, 61 months,
and I was to get the same benefits here. This morning is the
first time I have ever heard the City Manager is under Civil
Service rules and regulations. I thought he was appointed by
the City Commission, and the City Commission, in the interview
were the ones that negotiated it, certain conditions, and I
realize you people are here with a burden because you were not
the City Commission in those days. You arc sitting here in
their shadows, but I am quite sure what they did , they did
as honorable men, and with the intent of it to be carried out.
There is no document recognized in this any more than there
was a document for Willard or a document for Evans, and Evans
was not retired, he was terminated which then later on he made
his application for retirement and that is also true right down
the line and as far as any other people are concerned, so I'm
not familar with all the details of the other individuals employ-
ment or termination but there is a number of the items that I
am familiar with.
Rev. Gibson: Mr. Mayor, I think we have to answer to
the public, and I think we all want to do the right thing,
and God knows I am the last man to want to harm a man, and
I always feel that we ought to honorable and decent in anything
we do. I move you Sir, that we ask or acquire or get a copy of
the contract Mr. Reese had in Maryland at the time, since that
was the understanding, that is the impression I got that w:ien
we hired him, he was to get the same kind of consideration.
it was not a written agreement, it was verbal, I'll honor the
arrangements if I see it, and it is interpreted. That's a motion.
Mayor Kennedy: Let me ask you something. You had this in
your contract in Montgomery?
Mr. Reese: I had no contract, Mr. Mayor, the City of
Miami offered me a contract one time and I flatly refused
the contract, because I don't think that a person that is
working professionally as a City Manager should be under
contract, but there were conditions that we negotiated and
talked about because, realizing that the Manager was not
affected by other rules and regulations that applied to
"SU P vice, Y;either does he have the protection of Civil
�It other benefits of Civil Service, and also Mayor
DOCUMENTS
9j13/73
FOLLOW" 2t3
Kennedy, if you recall, at your instigating, and got the
Commission to go along with it, you gave the Manager the
responsibility of being the head to determine the City's
action at a time of emergency, now, under the Charter and
under the laws as has been interpreted by the City Attorney
over the years, the Manager can't delegate, so that if there
is any emergency, he is the one that has to be here, and we
,discussed it the:time I came here, that the Manager's job
is. a 24;hour.and 7 dayca week job, there is no doubt about
it, and I think some are willing to say that I did work 24
hours a day on some occasions, but with some of the ordinances
on the books, the Manager's burden couldn't be passed on,
it couldn't be passed on to an assistant, so you had to stay
here until •a time of the year when it was less likely for any
of his authority to be exercised. Now as far a:; being a con-
tract in Montgomery County, there isn't one. There is one
person that i know of that is still around as far as being
a member of that Commission. I don't know of others, but
it would be again,his word. Now, midge Balaban came up to
Washington, I went into the International Airport and spent
3 hours with him and met him there. B.E.Hearn, I think he
stayed at the Hilton Hotel in Washington. I went in there
and spent time with him and went all through it from one
end to the other, as well as, ----there was a resolution passed,
and in the title, and I think this is in February when they
decided to offer the job to,the County Manager of Maryland
at that time, and that title it says that he should be en-
titled to all emoluments of office, or something to that
effect, but never spelled them out, and the only reason that
this problem is here, is unfortunately that it has never been
documented or never brought forth before, and 1 realize as 1
said before. you sitting here in the shadow of the people who
did the hiring, but I recognize it is a burden, but I think
we've got a fundemental principle here, and I know that you
people have always been fair and greatly concerned by treating
everybody on an equal basis and all I say is, if it was 30 days
and it was cummulative, then I feel I am entitled to the severence
and this is the basic concern, and gentlemen and ladies, I can't --
Rev. Gibson: Mr. Mayor, they still have what would be the
policy that existed at the time when Mr. Reese was in Maryland,
don't they? Wouldn't they have that available?
Mr. Reese: Mr. Mayor and members of the Commission, if you
will recall, when I was at Montgomery County Maryland, I was
the County Manager, there has been a complete organization and
a new form of governme t I don't know who is working therr,
anymore but they nos an elective executive and it is a completely
new and much larger and changed, so I don't know anything about
the records, and I don't think anybody in this room does either.
Rev. Gibson: That is not what I am saying Mr. Reese. Are
Are those records of that day and time available? For me to
vote intelligently I ought to make an effort, since there is
a cloud over all of us, we ought to make an effort to find
out if those records are available before we vote out the
people's money, otherwise, you got a written record based
on Civil Service status. Now, either one you want me to
do, I'll do. I feel that in good conscience Theodore Gibson
will have to make an effort to get Montgomery County records,
find out what the policy was then, because you said, you are
relying on the facts that that was the understanding under
"SU P FANT Ewere
DOCUMENTS
FOLLOW."
employed, with all the emoluments at that time.
9/13/73
27
If that is what you want me to do, if you want me to go along
with Montgomery record, and it is your worci against no record,
that 1 am asked to vote on that I've seen, or I'll either
take a written record. Now, I think that the people of this
City would certainly, even if we have to vote out all the
money, whatever the money is. T think the people of this
*community will take it much better, knowing that we tried
to get the record, and if the record reflects that we are
operating with that understanding, and I think you will have
no problem, you won't have any hesitation on my part, I'll
vote like that. Anything short of that, I will be very, very
reluctant and careful.
Mr. Rice: Father Gibson, I appreciate your position,
but I want to tell you that there is a record, Mr. Bailey
says there is a record, that is kept by the City, from the
inception of Mr. Reese's employment, and 30 days per year,
this isn't something we thought uptoday, last week, last
year,two years ago, here is the record, City of Miami, ---
Rev. Gibson: I am talking about Montgomery County. You
are asking me to do by Mr. Reese based on what the performance
was or the arrangement was in Montgomery County. I must be
satisfied if I am going to cast a vote. I hope you understand
that.
Mr. Rice: I understand, but I don't want the thought
is that we thought this up this week.
Rev. Gibson: I'm not saying that. Let me say this, when
you go to court, even if you take six years, when you come
you bring the facts. I feel that is pertinent to me to clear
my mind and vote hcnestly. And if there are any missing
facts when you go to a court, just remember I keep telling
you all that 1 went to law school for one day, I'm no lawyer,
let's get the facts. There is some doubt in my mind. So let's
get the facts. Summon Montgomery County record or send somebody
up there to get it, and my brother if that is what it says when
you come here to the next meeting, it will be just one,two, three
votes, yes, let's follow Montgomery County.
Mr. Plummer: Father Gibson has raised a point. Now I think
his point in his mind is reasonable. Surely there must be a
record. Mr. Reese says that when he was terminated in Maryland,
he was terminated by check computed on a certain basis. Now
he has raised a point I think is legitimate, that we are going
under the assumption of these people who were predecessors
here this morning, say that he was hired under the same terms
and conditions,and he feels he should see those terms and con-
ditions. Mr. Reese, wouldn't there be some kind of record there
to reflect payroll records or anything of that nature.
Mr. Reese: 1 know that under the Maryland Archives record
law you don't have to keep them after 7 years, as far as payroll.
I think I am right, but I am going back 13 years to try to guess.
I am not trying to be evasive. Judge Balaban stood up here this
morning and told this commission what he agreed to, as far as
hiring Mel Reese is concerned. George Dubrcuil also mention it
and all I say is, I am not trying to falsify anything. It is
getting to the pit of stomach almost beyond the point of tolerance,
"S U hjnk that again there is a cloud brought over something that
.c to do, and gentlemen, this is going kind of deep.
DOCUMENT
9/� 3/7 3
FOLLOW" 28
After thirt n and half years with till/Commission and get
tO this point, there was no contract, there was no written
agreement, there was no nothing here in the City, anymore
than you went to hire another professional person, and
stand up and 'say . the Civil Service rules and regulations
apply to this Manager, then if one segment applies, then
the whole document should apply.
Mr. Bailey: Mr. Mayor, may I say that every predecessor.
of lair. Reese was paid on the basis of the benefits under
Civil Service rules and regulations, and Sec. 62 of the
Charter provide for classified and un-cliasified, and the
Civil Service rules provide the City Manager is among
the unclassified.
Mr. Rice: He is under the unclassified, --Mr. Willard
received 30 days separation pay, vacation pay which he was
the immediate predecessor of Mr. Reese.
Mr. Bailey: The City Commission adopted a resolution
authorizing a payment of one month's pay to Mr. Willard.
Mr. Rice: He had worked less than 11 months, and that's
what he got, immediate predecessor.
Mayor Kennedy: --------we know reason for that,the man
was very ill, wasn't be?
Mr. Rice: No, he left to go to the president of a
bank in Coral Gables, at that time. He later became ill
when he left the bank and went up to Carolina, he took
over a big project up there, if you recall. Being a City
Manager is not an easy job, it really gets to you.
Mayor Kennedy:What is the action the City Commission
wants to take today.
Mr. Rothstein: Was Vice Mayor Gibson's motion seconded
about the records.
City Clerk: No „ it was not.
Mr. Plummer: He's got a motion on the floor, ---see if
he wants to speak on his motion.
Mayor Kennedy: There is no motion, no second, ---
Mr. Plummer: Mr. Mayor, are you declaring that due
to the lack of a second his motion failed?
Mayor Kennedy: Let's give him that opportunity. As of
now it failed.
Mr. Plummer: All right, sir.
Rev. Gibson: Mr. Mayor, if it helps, my motion is that
we seek to get the record, otherwise we are voting in a cloud,
and 1 am not questioning the honesty of anybody. That is not
my position. My position is, if there is any indication of
records, we ought to make every effort, then we would be fair
to all the people. If there was an indication of record,, we
ought to have it. If there is no record, then I think we will
come back and do what we ought to do, or what we will do, knowing
Ins p.-•,
4:3 flip
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record, but we ought to make every effort to get that
9/13/73
29
record,
Mayor Kennedy: Mr. Bailey, under your computation,
how much money would Mr. Meese be entitled to?
M.Y. Bailey: Over $30,000,00
Mayer Kennedy: Under your computation,---
Mr. Bailey: Yes, sir.
Mayor Kennedy: What is he saying he,
Mr. Bailey:- --that is the differencebetween what he
is paid and what he is asking forr--$30,000.00 in addition
to what he has already been paid.
Mayor Kennedy: You are saying he is not entitled to
anything other than what he has already got.
Mr. Bailey: Yes, sir that is my position.
Mayor Kennedy: And he says he is entitled to another
$30,000.00?
Mr. Bailey: Yes, sir.
Mrs. Gordon: Mr. Bailey, you say you have already paid
him for some cummulative vacation pay. You have already in-
cluded that in the severance, or did you include any of it?
Mr. Bailey: No, Ma'am, ---I show under the basis which
I used to compute it, that he would be entitled to 202 hours.
Mrs. Gordon: And you have already paid him that?
Mr. Bailey: Yes, Ma'am. The difference is that under
the way it was submitted to our office, it was 1646 hours,
so the 202 from the 1646 leaves 1444 which he is asking for.
Mrs. Gordon: And you have paid the 200,
Mr. Bailey: Yes, Ma'am.
Mrs. Gordon: Based on today's salary scale.
Mr. Bailey: Yes, Ma'am.
Mr. Rice: Mrs. Gordon, we accept that with the approval
of the City Attorney, but that wouldn't be prejudicial to the
issue today.
Mayor Kennedy: On what basis did you have the your
projections based on as far as the vacation pay?
Mr. Bailey: Bow did I arrive at the 202 hours? That was
based on the maximum accumulation of 80 hours, which would be
10 days under the Civil Service rules, up until 1965 when Mr.
Reese issued his directive about department heads. Now, on that
basis, 1965 was the first year that a department head could, or
would be entitled to 168 hours or 21 working days. At that point
Mr. Reese would have been in deficit for 12 hours, which I in-
«0 Ir-. r,
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,ci.-
•
. „
fore, I never refused to pay anybody.He was the City
9/13/73
Manager, no matter what vacation he uses, and in 1966 he
was zero hours and the balance was accumulated between 1967
and 1973.
Mayor 1;ennedy: And you base that on the ----
Mr. Bailey: ----on the 21 working days which the depart-
ment heads were °entitled,to"after four years, under Mr. Reese's
diredtive j which 'is':equivalent to one month or 30 days, gen-
erally speaking.
Mr. Plummer:Mr. Mayor, are you finished inquiring?
Mr. Mayor, I'll wait for Father Gibson to get off the
phone. Is Steve Clark back there? Steve, is this the kind
of situation you used to refer to as 'everybody wants to go
to heaven' but nobody wants to die?'
Mr. Plummer: Mr. Mayor, Father Gibson has made a
motion. I was prepared to make another motion if that
one failed, but I could not in good conscience make a
motion and ask any member of this Commission to vote
upon my motion, when there is a cloud as he has referred
to it in his mind, or question in his mind. I don't dis-
pute, and I asked that question previously, has anyone
disputed as to the contract he worked in Maryland, and
no one has raised any objection that there was any dispute,
but there is some question in Father Gibson's mind that I
feel in all honesty, that Father Gibson should have that
record either made available to him or after a search has
been put forth as he said, there is no record, then there
is no record. The only thing in my mind is, who this Com-
mission would designate, whether it would be Mr. Rice to
request such a record, of the City Manager or the City
attorney and I would Father Gibson to incorporate that in
his motion, who would make the search, so it could never
be said there wasn't an honest search made, if the answer
should come back no record, I am in the position at this
time to second his motion.
Rev. Gibson: Thank you, Mr. Plummer, I would designate
the Civil Service Board people to get the information. They
are
Mr. Plummer: Father Gibson, based on that I cannot
second the motion.
Rev. Gibson: Well, we will name somebody else. I wan,�
to get an impartial somebody.
Mayor Kennedy: It should be the City Attorney.
z
Rev. Gibson: Let the City Manager get it. My motion
is that we make a diligent effort, Mr. City Manager, I will
make sure you understand my language. A diligent effort to
get that record, if you have to talk with somebody, or if
you go up there and you can't find it, the paper, come back
and tell us that, then we can spread on the record, a diligent
effort was made to get the record,we could not, then I am
prepared to act. Out of fairness to Mr. Reese, if that was
the understanding, I want to do the right thing, that's the
motion.
drOfill?r Kennedy: All right, is there a second.
J
31
9/13/73
Mr. Plummer: Based on a search to be made by the City
Manager, on a diligent effort, I think Father Gibson has
every right to ask for such a record. There is a cloud in
his mind, and. let*s getthe cloud cleared up, and then he
can vote the way his conscience feels, and based on that
I will second the motion.
Thereupon the following resolution was introduced by
Rev. Gibson, who moved its adoption:
RESOLUTION NO. 73-651
A RESOLUTION TO DEFER CONSIDERATION OF A
REQUEST BY M.L. REESE FOR PAYMENT OF
ACCRUED VACATION TIME UNTIL THE NEXT
REGUL)IR MEETING OF THE COMMISSION IN
ORDER TO AFFORD AN OPPORTUNITY FOR THE
CITY MANAGER TO MAKE A DILIGENT EFFORT
TO OBTAIN A RECORD OF THE EMOLUMENTS
OF OFFICE ENJOYED BY MR. REESE DURING
HIS TERM AS MANAGER OF MONTGOIr4ERY COUNTY,
MARYLAND
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
That Consideration of a request by M.L. Reese for
payment of accrued vacation time be deferred until the
next regular meeting of the Commission in order to afford
an opportunity for the City Manager to make a diligent
effort to obtain a record of the emoluments of office
enjoyed by Mr. Reese during his term as Manager of Mont-
gomery County, Maryland.
Upon being seconded by Mr. Plummer, the resolution
was passed and adopted by the following vote - AYES: Messrs.
Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor
Kennedy NOES: None..
Mr. Rice: i want to thank the Commission forthe time
and effort, and I further want to say, that this is an
indication to the electorate, there there are very few
places that you can go to where there's elected officials
that will spend as much time listening to a problem as you
will and we sincerely appriciate it, although we havent
won now, we are sure you will ultimately rule for it.
Thank you.
Mayor Kennedy: Paul, you can have that by the next
meeting can't you?
Mr. Andrews: Hopefully.
Mayor Kennedy: There may be a problem. I understand
Maryland does destroy records. I've been reading it in
the newspapers.
Mr. Reese: Mr. Mayor, the Vice -President of the United
States was County Manager of Baltimore County after I had
left Maryland, and under the investigation he just went
through, they went for the records, and according to the
archives law, regulating archives in the State of Maryland
'Ole), found there was no record because they were destroyed.
This is the reason I brought this up on account the archives
32
9/13/73
but, ----
Mayor Kennedy: We don't need to go through the presentation
next time. We should be able to take rare of it in ten minutes.
Mr. Plummer:IIr. Mayor, Father Gibson, if you wish to
do this since yoU.xaised.the.question, i just want to make
sure that it is done. Mr. Mayor,.I would like to at this time,
proffer to this Commission, you know we all benefit by mistakes
and I think if any benefit is to be derived, it is the lesson
that there isn't something perfectly clear cut here, and I
would like to see the appropriate party, whether it be the
City Manager or theCity Attorney, or the Civil Service Board,
immediately instigate that all of those positions that are
now in the City, with this and other problems, not just
vacation, vacation sick -time, and other emoluments that
are given to employees of this City, be spelled out, let's
take Commission action on them, so that there can never be
again a question, what a man is entitled to and what he is
not..I think Mr,•Mayor, that this is something that should
be, I think Mr. Andrews, as he expressed today, you are
traveling under one assumption, but as in his predecessor's
case, there is nothing in writing, to say what his benefits
are, and what they are not. I heard Mr. Southern say, and
I don't mean this to be a detriment to you Mr. Southern, but
your answer was to me you are not sure.
Mr. Southern, City Clerk: That is correct because I
haven't taken my complete vacation in so long I don't
really know.
Mr. Plummer:These are the things I think Mr. Mayor ,
should be spelled out.
Mayor Kennedy:, You know where you stand, you just
don't know the hours, because you havene figured it out.
Mr. Plummer: Well, all right, I am sorry Mr. Southern
I thought there was nothing in writing when you became the
Clerk, rather than the Asst. Clerk, you became another
position.
Mr. Southern: No, there isn't, but I've continued
on under the classified, ----
Mr. Plummer: The point that I am making Mr. Mayor is,
I think this thing should be spelled out. Who should be the
appropriate party to clarify these points, that are supposedly
un-clarified?
Mr. Rothstein: The Manager should be instructed to
review the situation.
Mr. Andrews: I plan to anyway. I want to indicate to
the City Commission that this was a plan of mine, already
as a result of having gotten into this, and all the record
checking we did, that I have made up my mind that we would
document for all of those who are not covered under Civil
Service,a plan that could be readilly identified, readilly
understood, so there would be absolutely no question and
get it approved so we would not need to go through this
"Sj D� xnd of---
ia°R*1
u n CU ,t Gordon: Thank you, could we move on Mr. Mayor?
!OLLo "
33
9/13/73