HomeMy WebLinkAboutCC 1974-04-18 MinutesMIAMI
CITY
OMMISSION
MINUTES
OF MEETING HELD ON SPECIAL MEETING OF APRIL 18, 1974
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
H. D. SOUTHERN
CITY CLERK
RALPH G, QNGIE
ASSISTANT CITY CLERK
flarlit__OP SPACIAL_ 0SSION Martin
T'HU tSDAY, APRIL 18, 1974
On the l8th day of April, 1974, the City Commission of
the City of Miami, Florida met in Special Session called by
Mayor Maurice Ferre to consider business of public import.
Mayor Ferre announced the purpose of this special meet-
ing was to discuss (a) A Progress Report by Dr. Jethro W.
Toomer and Mrs. Josefina Sanchez Pando, Administrative As-
sistants for Personnel, (b) A Presentation by Booz-Allen on
the Human Resources Proposal, and (c) Personal Appearances
for Parks for People Bond Program Task Force Recommendations.
The meeting was called to order at 9:15 O'clock A.M. by
Mayor Ferre.
On roll call, the following members of the Commission
were found to be present:
Also present:
Commissioner Rose Gordon
Commissioner J.L. Plummer
Commissioner Rev. T. Gibson
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
P.W. Andrews, City Manager
John S. Lloyd, City Attorney
H.D. Southern, City Clerk
Ralph G. Ongie, Assistant City Clerk
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An invocation was delivered by Reverend Thedford Johnson
who_ then led those -present in .a pledge.of allegiance to the
flag.
1. Progress Report by Dr. Jethro W. Toomer and Mrs.
Josefina Sanchez Pando, Administrative Assistants
for Personnel.
Mrs. Pando: Mr. Mayor, would you like us to start the report
from the beginning again since we had only touched on two items
or continue from where we were?
Mayor Ferre: I think it might be appropriate if you would do
it that way and then I want to go back, I have a memorandum
here from Bobby Paulk. Have you seen a copy of it?
Mrs. Pando: No.
Mayor Ferre: We'll get some copies of that. Ok, go ahead with
your report.
Dr. Toomer: Beginning sort of from the point where we were
before, I emphasize that initially upon reporting to the
Civil Service Board the first task that I was given was to
look at the resource material primarily texts, manuals and
this kind of thing that were used to make up, or which com-
prised a large part of the Police promotional examinations.
I spent the good part of an afternoon is this particular pursuit
and afterwards I made my recommendations known to. Mr. Paulk
and also to Mr. Yates of the Civil Service Board Office and
relative to those particular findings they fell into the cat-
agory that over all what I found that the resources that we
use were too advanced for a police promotion examination.
Most of the resources that were used were written for indi-
viduals who were in graduate degree programs in police science
1 APR .181974
or in Criminology and thiM kind of thing and t felt that
given the profile of the policeman, of the policeman who
enters the police academy in terms of what is required,
background, age, and that kind of thing and what is required
for an indi al to be elgible to take the promotional exam
that the resources that were being utilized and recommended
were much too advanced for an individual pur suing that part-
icular goal.
Mr. Plummer: Are you telling me then that you feel that the
standards were too high?
Dr. Toomer: Yes, if you are talking about standards being
in terms of mastering that particular level of resource mate-
rial. They were too high and not particularly relevant for
that particular examination.
Mr. Plummer: In other words what you are saying is that the
standards were higher than you feel for the position that they
werettaking the exam for.
Dr. Toomer: Right and in addition to that the fact that the
standards that were being asked were not relevant to some of
the duties that were required.
Mayor Perre: In other words it would be like asking a general
practitioner to do open heart surgery.
Dr. Toomer: Exactly.
Mrs. Sanchez: Then I started working the first week and I
priorly stated that I took the test myself, scored myself,
and found that there were four errors which we mentioned be-
fore in the vocabulary section #71, in the spelling section
#157, in the thought problems #210 and #217. After I had
taken the test and fixed one of the three keys that were used
to score those tests since '64 we proceeded into the revision
of the instructions of the new test that was going to be given.
The entire examination was scrutinized section by section to
eliminate any biases which might systematically eliminate the
individuals. I personally, as a latin didn't find anything
that would hurt the feelings of a latin person taking the test.
The only thing that could be used to eliminate a latin would
be the very very high standard of English used in the vocab-
ulary section and the difficulties of the spelling words which
were quite high and the entrance examination, all you require
is to be a high school graduate. I have five masters degrees
from the University of. Miami and it gave me some trouble. Of
course, let us take into the consideration no matter how well
I can speak English my background is Spanish and from that
point of view I was looking at the test from the point of view
of a person who's native language is not English. That is
quite hard. The grammar did not contain any confusing elements
for a latin. Let me explain to you what would be a confusing
element for a latin in grammar. If a latin who does not master
the English language were to look.at a sentence that says,
"This is a house green." and he were to go back to his own
frame of reference that would be perfect in Spanish. Esta es
una casa verde. So if he did not master the English language
knowing that the adjective proceeds the noun that would be a
kind of discriminatory question for a latin, but there were
none of those. Absolutely not even one so there wasn't any-
thing in the grammar that could be discriminatory. The read-
ing level of the math problems was high at times and confusing
at other times. You have to take into consideration that each
section has 25 questions and you're given 15 minutes to complbte
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APR 181974
110
it4 That is giving you 45 seconds per question to read a
math problem, think it out --what are you going to do, add,
subtract, multiply, is this a ratio problem, do you have to
square root it iwhen you have figured out what you are going
tea), you've got to take a piece of paper, do it, look up your
aniwer in the four recommended answers and score your paper.
In 45 seconds, that is quite an achievement for anyone and if
you are being hindered by having to read a little bit slower
because English is not your language, that is quite a blow.
As we corrected, we saw that few people ever got beyond quest-
ion 70, 75 in the 90 questions of the vocabulary. We were
correcting without knowing who the person was because it is
completely, you cannot identify it. It has only an ID number
so you don't know who's paper you are holding, whether the
person is white, North American, or black North American or
Latin, you don't know. But as we scored the tests because I
was called to score at the end of a scoring period because
they were running short of people, you would see that the tests
weren't finished by a great percentage. It was too hard. That
was the only thing I found discriminatory against latins in
the test. The difficulty that it presented.
Mr. Plummer: Let me ask you a question right there. It is
really unrelated. You made mention of the fact that you could
say without question that there was no way that you knew who
was taking the test. Is that correct.? In other words you are
putting validity to the statement made by Mr. Paulk sometime
ago that there was no way that discrimination could be pract-
iced by the unknown factor of who was taking the test.
Mrs. Sanchez: No, unless you took the after, you're supposed
to be a de cent bunch of people, so you get the tests without
the identification card, get the whole stack of tests and you
correct them and later you match them with the name: of the
person. Of course you're going to match them afterwards and
you're going to know that Joe Blow who is ID 7542 got so much
here and so much there because you've got to .hake out a test
report. Later you can identify then, of course, but I don't
think anybody would.
Mr. Plummer: About two years there was an accusation made
that there was discrimination in the test and it was at that
time Mr. Paulk's position that there was no way that anyone
could know who was taking the test and I am glad to hear you
reaffirm that.
Mrs. Sanchez: Of course, if you are going to be a crook, and
he isn't, you can always go back, erase the test, score it in
the wrong part because now you know that 5242 is Joe Blow and
you want to flunk Joe Blow. You go ahead and fix up his test
and yes, you can do it but nobody would.
Mayor Ferre: (Inaudible)
Dr. Toomer: Yes, I found several things that I felt
Mayor Ferre: (Inaudible)
Mrs. Sanchez: No, let him finish.
Dr. Toomer; In terms of what I found discriminatory, I was
looking at it primarily from a black perspective and I found
several things that disturbed me as I looked at the test. For
example, in terms of looking at the test two areas concerned
me more than others although the entire test did. One was the
vocabulary section and one was the grammar section. The thing
3 APR 181974
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that bothered Me about the vocabulary section wan the great
deal of, I guess you could say there was a lot of usage of terms
that could be considered obsolete from the point of view of
tes that are current if you read Chaucer, if you read Shake -
spear, these kinds of things and if you look up some of the
words;in the dictionaryi, the dictionary even categorizes them
as be%ng obsolete. In other words, they aren't current today.
People don't use them. They aren't colloquial expressions and
they are used in the test and individuals are penalized if
they don't have this particular, they don't have this know-
ledge of this particular aspect of the English language. In
other words that kind of formal, rigid English language so
they are penalized for this particular aspect if they aren't
familiar with that particular form of the language.
Mayor Ferre: That's exactly why we have the University of
Chicago re-evaluating and re -doing the test so that they are
part of the modern usage of the English language rather than
relying on going back to Chaucer, Shakespearian English.
Dr. Toomer: Right and the obvious follow up to that particular
question is to what degree is the knowledge of these formal
terms relevant to the performance of the duties that will be
required.
Mr. Plummer: Aren't you saying once again and I think Mrs.
Sanchez is saying that in fact the standards are too high.
Isn't that what I understand to be said?
Mrs. Sanchez: Yes.
Mr. Plummer: Let me ask a thing that I think I read some
overtones in before and I will ask each of you individually
because I understand that the same test is taken by everyone
that comes and presents themselves of whether they are white
or black, latin or American, is that correct?
Mrs. Sanchez: Yes.
Mr. Plummer: I will ask you a simple and direct question.
Did you find any discrimination whatsoever by that test to
the Latins?
Mrs. Sanchez: My answer is no, if you take the grammar ex-
planations that I gave you. But yes, if you take into con-
sideration the high standard of the language used there. It
took me 58 out of the 60 minutes to complete the test. Yet,
I was able to pass." comprehensive examinations at a masters
degree and answer 204 questions in 18 minutes and not miss
one. In Sociology and Psychology and other subjects, and on
these little words. They were so picky.
Mr. Plummer: I understand. Mr. Toomer, did you find any-
thing to show you any discrimination against the blacks other
than what you have just outlined?
Dr. Toomer: Yes, I was going to get into that. The next
part that I want to get into is the grammar and this is the
part that really disturbed me. It disturbed me from the point
of view that many of the questions in the grammar section
called for the usage of what I considered to be typical white
middle class English and it penalized anybody, Blacks, Latins,
anyone who was not familiar or who does not use current white
middle class English and for example, there were in the grammar
section, the whole format was that an individual taking the
teat had to pick out parts of the sentence that were numbered
4 APR 181974
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which were considered to be wrong. Now, for example, there is
a coMmon expression that most individuals use when they are
getting ready to do something they might say, or when they are
talking about something that could have been done. They say
What 1 just said, "I could've done it." When in essence
they are saying "I could have done it"., but the colloquial ex-
preasion is "I could've done it." Ok, this teat is rampant with
examples of "he could've w on", "he could've done", this kind of
thing. Consequently, someone is taking that particular exam-
ination and he sees "could've won", that is very similar in
terms of the pronunciation and the sound of the particular
expressions that you hear every day, "could've done, could've
won", that kind of thing but the particular expression is "he
could have, I could have". Another example, if you and I
were very good friends and I mentioned to you, I said "I am
coming over to see you this afternoon." I knock on your door.
You say "Who is it?" I say, "It's me." "It's me" is incor-
rect. The correct expression is "It's I". That's the typical
middle class form of expression, "It's I". But individuals
are penalized in the test because they do not respond in that
particular fashion to the sentences, to the examples, to the
questions that are given.
Mayor Ferre: All right, let me interrupt you. In other
words what you're saying is really what relevance does
it have for a policeman to be able to say "It's I", when he o
says "It's me", and it really doesn't have much relevance and
as far as guaging his intellectual capacity which I imagine
the purpose of the test is, that it really doesn't speak to
the main thrust of the potentiality of that man's ability.
Whether he says"It's me", or "It's I", I think most people in
modern America today say "It's me." I have this problem, for
example with my kids where it is "May I'° and "Can I" and fin-
ally I realized what is the difference because everybody in the
United States says "Can I?". Nobody says "May I?". That's part
of Victorian English. When I went to school it was "May I" and
if I said "Can I" I would be corrected. Don't say that, that's
wrong. Today, nobody says "May I". So what's the difference
as far as these kids are concerned? I think that is just a
particular example that I know of in my own family and I get
your point.
Dr. Toomer: And finally, in terms of that the grammar section
is the only section in that entire test where the persons sum
total or his total for that particular section is arrived at
by subtracting the number wrong from the number right. Where
he is penalized for guessing or for making assumptions or
making guesses, estimating, what have you, about various re-
sponses to various items. This is theonly section in the
test and I think it is way past time in this particular sect-
ion, in all situations where individuals are penalized for
not being able to be conversant in the typical Victorian mid-
dle class English as it was spoken and is spoken today by a
few people.
Reverend Gibson: This is on the side. I was just saying to
myself, that reminds me that in our church we have what is
known as a prayer book and it is typical Victorian English
and a lot of people don't want to change it. They talk
"Thou art God" over against "You're God". You see, a lot of
difference. The current everyday 1974 addresses God as "You
and I", and not "Thou". This is what he is saying and having
gone through the typical American way of studying, I under-
stand what you're saying. If you think I don't you come to
the Episcopal Church and try to deal with that litturgy we're
trying to change because they think that God won't be there
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APR 181974
unlesb we keep Victorian Engliah. Don't tell them I told
you that either.
Ira. Sanchez: After Dr. moonier took the test because the
second Friday which he came to work and we were going to
be engaged in revising the test and rewriting together the
new instructions for the new test. I ttiid him, "I don't
want to tell you my impressions of the test. You are going
to take it just the same way I did." He took it and he found
the same results and here we have coincided so those words
were as a result of his own experience of having taken the
test. Then we presented our results and recommendations to
the staff, with Mr. Paulk and the rest of the staff. Mr.
Paulk had, at one time, instructed Dr. Toomer and I that this
was going to be a joint venture in which we were to work all
together with his staff and we were to always consult any move,
any change, anything that was going to go on because we had to
work all together bringing in our resources of construction of
tests and their experience of so many years of working together.
Reverend Gibson: May I interrupt you just so you won't be quite
so serious. I said to the Mayor, you just made the point. If
you were going to school in my day you would have flunked because
it would not have been Dr. Toomer and I, it would Dr. Toomer
and me.
Mrs. Sanchez: Right
Reverend Gibson: Right. I hope you who are listening get
what they are trying to say because if you were taking an
exam and you scored that exam grammatically you would have
flunked.
Mrs. Sanchez.: Right, perfect. But remember you speak using
one kind of English, there is the spoken English and there is
the written English and what is permissible in oral English
is not permissible in written English and that was what was
so urked.
Reverend Gibson: Right. When I took Greek, for the benefit o
of you here who did not take it, you have a Classical Greek
and you have a Hellenistic Greek. The Greek we study : the
Bible in is the Hellenistic Greek and they have first, second,
third and an imperative so as to get a point across. In the
Classical Greek which is the society Greek you don't have the
same number of genders. J.L. you wouldn't think I went to
school that way would you?
Mayor Ferre: Now father, if you will forgive me I want to
correct something you just said which proves the point which
you were proving with Dr. Toomer. The expression is not
"Right", it is "Right on".
Dr. Toomer: Just let me add a footnote to what has just been
said. In terms of our initially moving into the Civil Ser-
vice Office to perform the functions that have been stated,
one thing that concerned me and concerned me a great deal was
the role that we were to play in that particular setting.
My understanding that we were engaged in a particular kind of
role as consultants to try to examine the particular exams
that were being used by the City of Miami to assure that there
were no parts of the exam that were discriminatory systematically
towards any particular individual or group of individuals.
What concerned me was the fact that in terms of the ground rules
and guidlines under which we were to operate and what con-
cerned me greatly was the fact that we as consultants were in
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APR 181974
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turn being asked to consult with the people who were on the
staff there. In terns of a consultant relationship as 1 under -
Stand it, individuals should have been consulting with us
because otherwise there would be no need to call us in so con-
sequently what happens is that from my own perspective I saw
a type of role confusion in terms of my own perception of what
our role was to be and in terms of the perception of other
individuals in terms of what our role was to be. I just want-
ed to add that as a footnote to what has been said.
Mayor Ferre: Let me ask you on that, I notice in this report
here you further stated that besides the role confusion and
this question of what a consultant really does, you have a
section 2 saying resources. Resources supportive to the
function of the AA's are lacking. Do you now have the proper
equipment and the materials that are needed to do this job?
Dr. Toomer: I think I will let Dr. Sanchez respond to that.
Mrs. Sanchez: All right, you've passed the buck to me. No,
we--. Constructing a test, and I'm so glad that Dr. Fox from
the University of Chicago is sitting over there, takes a little
bit more than a Webster's Dictionary from 1902 and a more mod-
ern version of 1936. We submitted a list, first of all I
needed a pair of current dictionaries because we were going
to translate the announcement of the test that was going to
be given into Spanish and I had the need of some dictionaries
which Mr. Paulk bought for me. We later submitted a list of
books which we thought, and you have it with you, the least
you can have. We felt we were in an operating room with a
saw and a chisel. You cannot work without tools and you can-
not work with the limited time that was assigned to us. The
people at the University of Chicago are sweating it out with
a complete assembly of resources that they do have and they
were fascinated at the fact that they were not going to get
these 5 by 7 cards that any test consultant needs to construct
a test. You cannot be a jack of all trades. You are a build-
er of tests and there is a way to do it, but if you are a
builder of a house you need bricks and you need wood, you
need windows, you need cabinets, but you do not chop down the
trees and make your wood and make everything you need to make
the test. You get things done for you. We didn't have any
of those and the people from Chicago don't either, they're
sweating it out.
Mayor Ferre: It seems basic to me that you're not going to ---
Mrs. Sanchez: Sir, I don't because I have only been working
up to now with the police test and I started working with the
firemen's test but we canceled that project in view of the
need of the validation and the getting this test off the ground
and afterwards doing something about it with it but you can't,
for example, when we finished that test and we wanted to make
the simplest step#1, that's kindergarten and statistics, an
item analysis, we came here to your immediate department and
your computer can't handle 7 items, so I have been tallying
little figures which amount to some 300,000 because 225 multi-
plied by 300 and some aspirants by a,b,c,d, and by 7 aspects
that we want to know totals to that and I'm tallying yet.
Mayor Ferre: Dr. Sanchez, you have to be careful not to talk
in technical language that goes beyond all of our heads. A
lot of the things that you said I don't even understand what
you're talking about. I think it is important that we, in
all of these things, the more important the problem or the
aspect that we are bringing up, I think the simpler we have
7 APR 181974
to put it, I think we have to put it in the simplest common
denominator so that all of us that are non -technicians can
understand. Now, let me make this point. I would like to
ask for you to write Mr. Paulk a memorandum specifically
stating what it is that you need. If you need a modern dict-
ionary, all right, that's something I can understand. Now
as far as the computer is concerned, if the computer of the
City of Miami does not have the digital capacity to compute
300,000 numbers at one time there isn't very much that Bobby
Paulk can do about that because he can't change the computer.
Mrs. Sanchez: We asked him to get computer time bought else-
where to use the computer of the Police Station but ---
Mayor Ferre: So that we can get down to specifics, If you
would write a specific memorandum asking, requesting for
specific things that you need then, I am sure there is going
to be no problem getting her a dictionary.
Mrs. Sanchez: Here is a memorandum dated March 25 and we
still have not•received an answer to the buying of 9 books.
I don't think a library of 9 books is so expensive. None
of these are in any of the public libraries because I myself
went through them to see if we could get any of them locally,
or if we could even buy them locally because I would have
bought it out of my own money because we need it and we have
not received an answer to this memorandum. Going back, we
met, after we were told that we were to consult with all the
staff the changes that we were going to make in the test. I
took, since I am the person who works full time, I do this
kind of job and then when Jeff comes then we go through it
together. I started by rewriting the instructions to go in -
front of the test because they were written in very long
sentences that were not easily understandable. Here are my
rough drafts with other people's handwriting on them from
the staff which prove to you that this was a joint project
and the consulted were consulted and we consulted with them
and we were corrected and we came to an agreement of terms.
Here was the first rough draft, the things I did to the test.
Now this is the clean version that went to the typist and this
is what came out after it was typed the way it went, infront
of each of the new examinations of the police. The grammar
section was completely rewritten by me at Dr. Toomer's request
to Mr. Paulk that those sentences with those very high un-
frequent expressions be deleted and they were deleted from
the new test and the instructions were made very clear.
Since it was going to be a joint venture as possible as it
could be because with three employees, tests being given every
day in different catagories. It was sometimes humanly impos-
sible to get five persons to sit together and just read out
a test and it had to be done with every person in the staff
together and sometimes we got three, sometimm we got four,
but to get five it was tough. Finally, half an hour here,
ten minutes there, we each and everyone of the five persons
working there, Mr. Boyce Ryan, Mrs. Harriet Berg and Mr.
Timothy Zeien plus Dr. Toomer and myself at some time got
together and went over the new test and we punched out the
new keys and we re -read it and seen that we caught different
errors and missed others, and---. It was a joint effort of
the whole five persons. Then the test came to reality and it
was administered. Much to my surprise, being a full time em-
ployee, the first day that the test was going to be given as
I was walking into the test room I was stopped by one of the
employees and told that I was not to be present at the test.
Not paying any attention to what I had been told I went direct-
ly to Mr. Paulk and without telling him that I had been denied
8 APR 181974
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ac@ess to the supervision of the administration of the test.
1 just asked him a direct question, I asked for permission,
"1Kr. Paulk, may t sit in in the sitting?" and he said "Why
of course Josefine, you can." I said "Thank you, that over-
rides somebody else's order to get out of the test." I simply
walked into the room, sat at the end of the room for a couple
of minutes because due to the fact that there was only one
person other than myself at that time in that office that
spoke Spanish many things come up that need to be solved and
we are constantly being pulled out of our work because it is
a necessity. There is an emergency, something has to be
taken care of, I don't understand this woman or this man, he
doesn't understand me, will you help me, and that happens
many times a day, so once I left the room I was not going to
barge in again because that is completely unethical for the
persons who are taking the test for people to walk in and
out of rooms. It was given the first day three times, I
think. I'm not very sure. I think they had three calls, one
in the early morning, one about noon and one about eleven and
one about three then it was administered the second day two
or three times and the third day something like that. I only
was present that one first time. When the tests were picked
up and collected it was the rest of the employees of the
department who collected the tests, classified the cards,
started doing the checking, and I kept up. Then is when I
started working on the firemen's examination. Since manual
checking that number of tests, and we had a beautiful turn
out, takes a lot of time and people were coming in and we
took the test yesterday for the County and we already have
the results, and why don't you have it? I was called to
help correct. After the test was corrected the percentiles
were drawn, everything came up then we came to the recom-
mendations of what to do with the test. Jeff, take over
there.
Dr. Toomer: In terms of recommendations, I think you have a
copy in your report of the memo that we sent to Mr. Paulk where
we listed the recommendations that we felt appropriate in terms
of that pae:icular exam. It is at the back of the report and
it outlines in roughly 5,6 steps our recommendations as to how
the results of the test should be handled and in the first
three steps of that memo it gives the rational for those reco-
mmendations.
Mayor Ferre: I'll tell you Dr. Toomer, we've been on this
for about 35,40 minutes and I really don't think it's the
function or the purpose of this City of Miami Commission to
get involved with the detail of what corrections have to or
don't have to be made on a test, as important as it is, but
I do not think really that that is our function. What I really
would like to address ourselves more to is to your general
ideas, both of you as to what you found and what you believe
is important and what should be improved. I tell you, the
portion of this report that you passed out at the last meet-
ing that concerns me the most is not 1, 2, 3, in other words
role confusion, Ok, I understand and I think that has to be
clarified. Resources, the lack of resources that you need, I
think that has to be worked on too and I think that has a simple
solution. Role set, the AA's find it difficult to perceive
themselves as part of the CSB, for example we were excluded
from the random selection of tests, that again goes back to
#1, role confusion. The thing that concerns me the most and
what I really want you to address yourselves to right now is
this last page where you start off and you say "Of a treatment
imappropriate for a professional setting". Now that by itself
is not too significant then when you start spelling it out and
9 APR181974
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you say crude remarks related to ethnic backgrounds and or-
igins, insults directed towards her infront of outsiders, and
information missing from desk drawers, now you're getting into
something which I think that we in this Commission, I mean you
put this out and I think you have to explain this a little bit.
This and the variations on the tests are the two main things
that I gathered out of your report and you have spoken now as
to some of the technicalities of this, I think you ought to
address yourself to this portion.
Mrs. Sanchez: Then I will have to do the answering to those
three points because they are mine, not Jeff's. As to the
treatment of professionalism and there we go back to role con-
fusion, I have been asked and questioned by members of the
staff when we were discussing problems like the math problems
that were or were not correct and "Well how much do you know
about it?" by an individual with less professional capacity
than I have and "How can you be sure of that, how many math
hours do you have to your background to be able to defy that
question that way?". I didn't return the question because I
could tell the person I only have 24 graduate hours but since
that was challenged both Jeff and I consulted with other con-
sultants and we have written statements from two Ph.D's in
math with 180 hours of math which back the two questions that
Jeff and I were challenging were perfectly incorrect. We have
it here to give it to you afterwards, and the persons, one of
them is sitting in the audience. If you would like the person
to explain it, Dr. Marina would be very glad to come up here
and explain to you why a Ph.D. would back Jeff's statement
and my statement. They were not good enough to come from our
lips. That's one of the things. Another thing as to mis-
treatment, I have been told in public when I was called out
to the front desk to help an individual who speaks very little
English to fill out a piece of paper. I know I'm not being
paid by the City of Miami to be a Clerk II but if there is no
bi-lingual Clerk II and somebody calls me to the front desk
to help an individual do something, I go and help them, and
I have been told infront of anybody sitting there, 5,6, 3,4,
persons, black, white, Americans, Latins, "You're not supposed
to be doing this here, you go back, that's not what you're
hero for." I felt very low. Another time during a coffee
break I was joking with two of the secretaries in the back
about Spanish and how they knew a couple of words in Spanish,
about songs, the future Christmas party that we were going to
have next Christmas and they wanted me to sing a song, those
two girls in Spanish. "Do you know a Christmas Carol? Oh,
we'll give you an audition, Josefine to see how well you can
sing." This is during a coffee break and in a very low tone
of voice I was singing to them two lines when another person
from the staff came out and shouted to me infront of all the
people who work in the back room, "You, shut up. And all of
you back to work." And every typist went back to work, and I
shut up, which is very hard to shut me up, but I did because
I was never so bluntly shut up so I, like a little lamb went
back to my desk at the verge of fainting and my knees sort of
dangling, and I shut up. I don't think that is professional
treatment. I'm sorry, I wouldn't take that from anybody and
I went directly to Mr. Paulk, because Mr. Paulk has been aware
of everything that has happened with us and to us at the very
moment, because we have considered him our immediate superior
and anything we have done, or anything that happened to us,
we have both Jeff and I reported it to him. If the Mayor would
be so nice as to repeat me the point because there were three
things that I had to answer.
Mayor Ferre: The missing things from your drawer.
10 APR 181974
ira. Sanchez: Well, Jeff started coming more often, he started
the first two weeks coming over on Friday. The first two
weeks he just could bake it over on Friday then he started
Conking Tuesdays and Fridays then he started coming three days
a week because the time was getting near for the report and
there was the report, there was the checking, there were many
things. We had piled up about 18 pages of what we had found
and we left them in__ my drawer in my desk which never had a key
until 'that moment. When 1 went to work the following day the
desk, the papers were not in the desk and like I said the other
time, there had been some Spring cleaning being done because
sir, it is very hard to store thousands and thousands of papers
and one thing that, if I may recommend to be put into the
budget of the city, we desperately need a microfilm machine
in which in so much space you could have stored everything
that was incinerated. It wouldn't take more than that. Then
you would have a wonderful file because when you asked the
other day how many people had been penalized because of the
twelve point errors, there was absolutely no way of being pos-
itively sure how many people because due to Civil Service
Statures the tests of people who flunk are burned or incin-
erated 60 days after and those who pass are kept until every-
body else is called which is one year. At the end of which,
according to the law they can be burned so even if we made a
terrific venture and I went back at great difficulty because
of the chaotic existance of the books. I went back, I asked
Mr. Faulk the other day if I wasn't sure if you had addressed
the question to him or to us to report back to you, this fact,
this coming and he said it was to him but he had other things
in mind so I took the venture as a statistical study in the
view of pure science, imperical science to make the report
and I have it here ready to submit it to you. Another thing
that I wanted to state was
Mayor Ferre: Excuse me, Mrs. Sanchez, Father wants to ask a
question.
Reverend Gibson: Let me ask two questions. Could both of you
say catagorically that in executing the function that we em-
ployed you for, this is the thing that worried me the other
day, that you have in any way been inhibited or excluded from
carrying out your function? That's number 1. Number 2, I
notice in your report here to us you were not consulted as to
who would be employed in the day-care. Since you are involved
in trying to furrow out these inequities, I would like to know
now since Mr. Howard is sitting out there what happened in that
instance, why you were not consulted, and if you would answer
those two questions and then Mr. Howard could tell us why or
Mr. Manager could tell us why because I understood, and I have
been on edge about this that since there were, and I didn't say
that, the court said that. I know how easy it is for every-
body to think that I'm on edge but the courts finding said
that there were some inequities and so on, so answer those two
questions for me.
Dr. Toomer: I'll respond to the first question and from My
perspective I would have to say that the answer is yes. Yes
from the point ---
Mayor Ferre: Yes, what?
Dr. Toomer: Yes, that we have been impeded in terms of what
we were there to do. Yes from the point of view, and it ties
in to some of the things that are listed in the report. The
role confusion, the events that are listed that tended to
enforce to me the fact that we were considered as outsiders,
APR 181974
the point that we were there but there was this feeling that
whenever we approached there was a sort of defensiveness in
term of our being there, in terms of our being outsiders and
not actually being totally involved in terms of what was hap-
pening. It is sort of like you shouldn't have to ask for every
single thing that you want, if you are a part of a total oper-
ation as I see it, and this is just a very minor example. 2ou
shouldn't have to ask for every single thing that you want.
If you are a part of a particular system, and I saw that we
were supposed to be a part of that system, there to lend
assistance in the task that they were about to carry out that
we should have been functioning in that particular capacity
and we were not. The reasons I say, according to some of the
things that were mentioned and we were impeded either un-
intentionally or intentionally in terms of what we were there
to do.
Mayor Ferre: How about the answer to the second question?
Mrs. Sanchez: One day I received a call from Mr. Howard whom
I don't know, he is sitting in the audience but I couldn't
point him out because I have never seen him. I just had
one telephone conversation with him and he asked me if I,
having been involved in education for 30 years could I help
him and assist him in picking out, in forming part of the
committee that was going to pick out the Day -Care Director
since that had been part of my work with the Dade County Board
of Instruction. I told him that it would be very nice that
T could help him that I was sure that he could use some of
my expertise that since in the list 22 persons had qualified
out of those 7 were Latin, I considered myself very honored
to be chosen to form part of the committee. Then I received
no further word. The calls from the people who had been qual-
ified and received a little yellow slip telling them that they
had qualified and that they would be contacted at a later date
at which they would appear to be interviewed, they started
calling and calling because no date was set. In different
occasions I went to Mr. Paulk and once, he told me that he
couldn't answer the question because it was out of his reach
but to just drop the subject off my mind because out of the
22 persons who had qualified, 4 were going to be interviewed
and I asked him which 4. "I don't know." Who picked them?
"I don't know." Well when you qualify for a position and that
has been my experience with Dade County Public Schools, if you
are qualified for an opening for an assistant principal or a
principal and you're trying to get it, you deserve to go to the
interviews and it is a pity for a panel to have to interview
22 persons because it is going to make it a very tough role.
But if you qualified, if I had been one of these 22 and I had
not been called in to be interviewed, I would have been very
very upset and have demanded my right to be interviewed. So
sir, I cannot answer your question with more detail because I
have not been involved in it. I have only had references from
questions that I have addressed Mr. Paulk because people called
on the phone in Spanish to know what was happening and I told
them I didn't know. Once, he answered the lady himself.
Mayor Ferre: Mr. Howard, can you shed some light on this?
Mr. Howard: I had received the information that perhaps Dr.
Sanchez would be, it would be fine for me to contact her to
see if she were, or could sit on interviews with the Committee
for the Day -Care Director. I did call Mrs. Sanchez and I
asked her about her background and it seemed appropriate and
I told her if she were needed I would contact her again and
ask her to sit in on the meetings with the Day -Care Director.
12
APR 181974
R
We receiC'ed the information from Civil Service of the people
that qualified. They were turned over to the Dap,Care +Corny
mittee, a Committee that consisted of Dr. David from Miami
University, Dr. Bower, Mrs. Wilson and Basha Schlaver from
our staff who did perform the interviews. When I talked to
the committee they said they felt they had enough profession
al people to judge the right personnel for the Director's job.
I did call back Dr. Sanchez to tell her this but she never
returned my call. 1 left a message there for her to return
the call that I didn't think now that we would need her ser-
vices. We had professional people on the staff from the Miami
University and people with day-care experience to do the inter-
viewing. The committee picked the four people who they thought
were the most appropriate and had the best qualifications and
the best experience for the job, and from that ---
Reverend Gibson: You're not on trial, but let me ask you this.
I think I hear what you said. We're paying, you said you had
5 masters?
Mrs. Sanchez? Yes, sir.
Reverend Gibson: You said you had a Ph.D.?
Mrs. Sanchez: I have 5 masters from the University of Miami
but I have 3doctorates from the University of Havana even if
not recognized here.
Reverend Gibson: We are not going to validate the degrees but
I just wanted to make sure when I heard 5 masters, and 1 docto-
rate and then another doctorate. All right, listen to this,
Mr. Howard. We're already in trouble about entrance exams and
all of this kind of business, you know what I mean? One of
the reasons we hired those two people is to make sure that if
there were some questions in our minds or were raised, and I
want you to notice how tactfully I am mentioning this, Mr.
Andrews. I'm not always the most tactful person but let's
assume there was some questions and the court said so, you
see,, everytime I think I'm going to get into trouble I rely
on the court because this is what the court said. What's
wrong with asking those people. Now they are already telling
you the language is archaic, Chaucer and Canterbury Tales
don't operate for us today, what was wrong, at least I would
have felt that it would have been kind of nice to have had
her sit in on it, you know.
Mr. Howard: We did not have a written examination, this was
an oral examination.
Reverend Gibson: All right, that's even worse. Ok, let me
persue it a little further. Not you, Mr. Paulk, you're not
involved. Mr. Howard is. Let me persue it. Let's assume
that we didn't have a written examination where you could
score one and one make two, three and four make seven. The
fact, how many Latins were interviewed?
Mrs. Sanchez: I don't know.
Reverend Gibson: All right, I am sure there must have been
some. You know, I have been on this Commission about, what
I'm trying to say is man, Reboso and I are pretty good friends.
The Mayor I can't reach sometimes but you know what, I have a
hard time understanding what the Latins are saying. Do you
get my point?
Mr. Howard: Yes, air.
APR 181974
Reverend Gibson: And I don't think you're any different to
Theodore. Now you know--i but you understand what t Mean?
Mr. Howard: 'yes, 1 know.
Reverend Gibson: This is what I'm trying to say. I see, tell
us who the committee is again.
Mr. Howard: Dr. David who operates the day-care centers at
the Miami. University, Mrs. Anne Wilson who is chairman of the
ad -hoc committee who first brought on the day-care and Dr.
Bower also of the Miami university and Basha Schlaver from
our staff, and I also sat in on a few of the interviews.
Mayor Ferre: Well let me ask you, who appointed this committee?
Mr. Howard: The Commission appointed the ad -hoc committee
for the day-care and from that we asked for professional help
for -the day-care interviews for the director.
Mayor Ferre: But who specifically appointed, who selected
the committee to hire?
Mr. Howard: The interviewing committee?
Mayor Ferre: Yes.
Mr. Howard: The ad -hoc committee for day-care.
Mayor Ferre: All right, now Mr. Andrews, as I understand it
these are City funds, aren't they?
Mr. Andrews: These are the City funds from the Federal
Revenue Sharing.
Mayor Ferre: Don't you think that the administration ought
to be responsible for how things are selected and run when it
involves City money? The ad -hoc committee doesn't have any
responsibility. The ad -hoc committee is strictly an advisory
committee. I don't think that it has the responsibility of...
Mr. Howard: This, Mayor, It was submitted through Civil Ser-
vice to determine, to have this on a professional basis and a
professional interview orally with the people who are applying
for the job. Civil Service agreed to this and said that we
could interview the people who they felt were qualified. They
determined the qualificaations based on the experience and
education these people. They then send the forms back to us
to go ahead and interview which is our responsibility to inter-
view.
Mayor Ferre: So you selected.
Mr. Howard: Yes, indirectly, we did. We were given the re-
sponsibility to go ahead and interview for the day-care director,
however, we felt that we wanted professional people with us
for the interviewing. We also felt that we were not justly
qualified...
Mayor Ferre: I don't question the assistance of professional
help. My question is who made the selection?
Mr. Howard: Basically, we made the selection.
Mayor Ferre: Who is we?
14
APR 181974
MZ4 Hard: The Parks and Recreation Department under the
advise of, under the advisement of the interviewing coni ittee.
We Were involuted with the interviewing.
Mayor Ferret Ae 1 understand it, 14r. Howard, you are the
bireotor of the Parke and Recreation Department eo are you
tailing.:uo now that you made the final decision?
Mr. Howard: On the advisement of the committee, yes.
Mayor Ferre: I'm not asking on who's advice.
Mr. Plummer: Now let me tell you something Al, you'd better
listen to the Mayor well because I'm going to go and start
pulling some more minutes. If anything goes wrong with that
day-care center, my friend, I'm looking to you. Not to the
committee, to you because when these funds were given over
the one thing that I was very explicit in, that it would be
under your direction and solely. What the Mayor is telling
you and I want you to listen to it well, because if anything
goes wrong I'm not looking to the committee, I'm looking to
you. We're going to lay it right exactly where it belongs.
Mayor Ferre: That's my point.
Mr. Andrews: I want to caution the Commission that things
are likely to go wrong.
Mayor Ferre: Things are what? You know, why don't you put
the, cause I can't hear you. Is this thing working well?
Can you hear me? All right, go ahead.
Mr. Andrews: Things are likely to go wrong. The Commis-
sion has to appreciate that we're embarked on a new phase
of services that are going to be performed for the people
of Miami. We have no professional staff who rendered these
kind of services. Mr. Howard is a very capable recreational,
professional individual. Part of the whole day-care program
is recreation. Part of it is a social service as we see it
and we are re -developing a staff that the. City once had many'
years ago and a state of professionalism. In doing that we're
likely to make mistakes but they are going to be perhaps honest
mistakes in developing the organization that we need to admin-
ister the day-care program.
Mrs. Gordon: All right, first let me clarify some of the
statements that have been made and the apparent disregard for
the qualifications of the people involved, and with all due
respect to our own consultants because we do not have the
members of this ad -hoc committee on payroll does not dimin-
ish the status of their professional background and I would
like to clarify for you.
Mayor Ferre: We're not questioning that.
Mrs. Gordon: No. I'm going to clarify something for you.
I'm going to let you know what some people are willing to do
without being paid. I'm going to tell you that Dr. Alma David
is a professor of early Childhood Development with the Univer-
sity of Miami. I'm going to tell you that Dr. Joe Crown who
is also a part of this so called ad -hoc selection committee a'
volunteer is a child psychologist for the University of Miami
operating at Jackson Memorial Hospital. I'm going to tell you
that another person on that committee, a Helen Weinstock is
responsible for an innovative program which is currently oper-
ating a Day -Care at the YMHA facilities and this is the caliber
15
APR 181974
1111111111110111011 1
of individual. The noneprofessional type on that selection
committee is the chairperson of the entire Child Day -Care
Co nittee, and with all due respects to our own professionals
who I have great esteem for, 1 feel that if in fact there
were any question of doubt as to the qualification of the
individual who was being selected, the individual is not being
selected on the basis Of race, or color or national origin,
the person being selected is being selected for the best qual-
ifications to begin this innovative program of Child Day -Care
and believe me, ladies and gentlemen, there isn't a more im-
portant program in this entire City of Miami than the Day -
Care program.
Mayor Ferre: All right, Mrs. Gordon, let me say that nobody
on this Commission or here is'in any way questioning the value
of the Day -Care Center Program because as you well know you
do not vote on these things alone, there are five of us and
all five of us have been backing this program. We voted for
the funds, we're in accordance with what's being done. No-
body is questioning the validity and the necessity of it.
Secondly, nobody is questioning Dr. Alma David and the other
people that have so graciously volunteered of their time and
everyone in this community recognizes the capacity of the peo-
ple that are serving on that ad -hoc committee. The point is
that there is over, or close to half a million dollars of City
of Miami funds that are involved. It is the direct responsi-
bility of this administration to make sure that those funds
are properly expended and that that program is indeed success-
ful and furthermore, it is the responsibility of this Commis-
sion who are elected officials of this City to make sure that
the policy that was set forth by this Commission is adhered to.
Now all we're doing here is because of the process that Dr.
Sanchez has pointed out, questioning, not whether or not Dr.
Alma David and her associates are qualified and not whether
or not they should act as an ad -hoc advisory committee, but
why, in addition to their qualifications, our own staff, who
are employees of the City and who are a part of the adminis-
tration were not included in the selection process, #1. And
#2 why, and 1 think it has been clarified, the responsibility
does not fall directly on Mr. Howard, and I don't want to crit-
icize Mr. Howard but now I am in a position where I am going
to tell you just exactly how I feel. The way I would have
been happy for you to have answered my question is for you to
say, "Mr. Mayor, and Commissioners., I am the Director of this
department and I made the selection and I made the decision,
and the decision was well made, I got the advice from Dr. David
and all of these other people and then I made the decision."
because it is your responsibility.
Mr. Howard: Well, that is how the decision was made, Mayor.
I wanted to give due credit to the advisory board.
Mayor Ferre: It took ten minutes to come out of this and I
had to ask and pull these things out from you.
Mrs. Gordon: I don't think we should criticize Mr. Howard.
He's doing an outstanding job and he has added a great deal
of credit to the City of Miami and I'm proud of the work you're
doing, Mr. Howard.
Mayor Ferre: I'm not questioning that again, Rose stop put-
ting words in my mouth and twisting what I'm saying. I'm
just saying that I want Mr. Howard on the record here to say
that he is the man that he is the man that is responsible
because as Commissioner Plummer pointed out we are looking
to him, not to Dr. Alma David or to anybody else for the
16
APR 181974
success of this program.
Or. 'roomer: Mr. Mayor, I wanted to raise just one point for
clarification and Y think this concerns me and perhaps concerns
some other individuals, but I am concerned to what degree the
committee in terms of a selection process were representative
of a crossr-t§ection of the overall community.
Mr. Plummer: You know, Dr. Toomer, we are getting back to
an old thing that really is a firm belief of mine and I'm
going to tell you right frank and right straight toe point.
You know, I really don't care if the administrator of this
program or an attorney is chosen in the law department is a
woman, a man, white, black, or what he is. I as a Commis-
sioner am only interested in one thing. One thing alone,
that we get the best qualified individual for the job. Now
that's what I'm interested in. If it is a black woman that
can speak Jewish, great. If it's not, I want the best person
for the job. Now I don't want this City to be placed in a
position that is anything different than that and I want the
best person qualified and I think that Mr. Howard in many
terms, and I'll go back in the record with you, this man has
done a fantastic job in this position what I am saying to you
as I have said on this stand before, the only thing I want is
the best qualified person and I don't want any strings attached
to it that it has to be a woman, it's got to be a Latin, it's
got to be this. Just get me the best person.
Dr. Toomer: I'm glad to hear that , Mr. Plummer, but my con-
cern was not in terms of questioning the dedication or the
loyalty of what has happened in terms of the process. My con-
cern has been, and we are all products of our experiences, my
concern has been that a lot of times this is not the case.
It is a situation where I cannot share the same sentiments that
you share although to me they are ideals that I think we're
moving towards. It's just because of my own experience I can
not share that notion that you have. I share it in terms of
having faith that it can be achieved. That was the basis of
my particular question.
Mayor Ferre: All right, Mrs. Gordon.
Mrs. Gordon: I'm going to say that for one time, I'm going
to say Mr. Plummer, you said a good mouth full and I agree
with you. You said that we want the best qualified person
and I'm sure that's what Mr. Howard wants, the best qualified
person because the entire program is dependent upon the best
qualified person administerating this particular new innovative
program. Thank you, Mr. Mayor, I appreciate your letting me
finish the sentence this time.
Reverend Gibson: Mr. Mayor, I more than any other person up
here on this Commission realize fully what those two people
are saying and what's the answer you gave. Now I have lived
with it all of my life and this isn't always the way it is.
You know, sometimes it is nice to have me just there even
though I may not know what is happening. Let me tell you.
J.L., I am usually with you but I want to wise you up man.
The reason you are in the position you're in now, bringing
in the Chicago outfit is because you haven't always done what
you preach. You had a philosophy, you held up an ethical
concept but you haven't lived up to the philosophy nor the
ethical concept. Now Rose, I heard what you said but I would
have felt so much better if I had been in the package. When
I say I, one who looked like Theodore Gibson was there just
kind of viewing. 7Ifou know man, there is nothing wrong with
17 APR 181974
viewing the land. 1 learned a lot by viewing the land and I
am going to end, Mr. Mayor, with this. 1 want all of my fel-
low Contd.ssioners to understand, I have lived the life and by
exataple, I've preached the best qualified but I want to tell
you eomething. Unless you get me into that system no way in
the world are you going to be able to talk about my qualifiea-
tione. Do Vou see what I'm talking about? I want all of my
fellow Commissioners to understand that. If I'm in the pack-
age and you view me then you view the others and I'm not qual-
ified then what I know to do, is if I'm in that package, is man,
go get it. That's what I did, I went to school and I under-
stand how that thing operates and Rose, I don't always agree
with that philosophy because it isn't the way people act.
The reality of it is and let's all agree to this, even when
you're going to do certain things if a man is your friend and
another man is your friend and the others are not your friends,
you don't know them, you're inclined to lean towards your
friends. Now look, let's drop it but I just want you to know
that's why I raised the question.
Mr. Howard: I would like to add one thing if I may here. We
have set the highest possible professional standards for the
directors and the teachers in every phase of the day-care op-
eration. We have chosen the best qualified and the most exper-
ienced person for the job on a professional level to operate
this program and make sure that it is a success. We have no
doubt that it is going to be success and we feel that the
methods we used were proper.
Reverend Gibson: I said I was going to stop but let me point
out something to this Commission and to the public. Because
I have a Ph.D. doesn't always mean that I'm the best qualified
somebody. When you're dealing with children you don't only
need a Ph.D., you need somebody who has an understanding of
dealing with people. Let me tell you, you could have a thou-
sand people come into this building and if everybody gets a
cold shoulder that's a different story. See, I'm sure that
a lot of people out here understand what I'm saying, so when
you tell me because John Doe has all the things all the things
on paper doesn't mean Joan Does has a heart either, so I want
to end on that.
Mr. Howard: The heart was taken into consideration also.
Mr. Reboso: Did you select the four people already?
Mr. Howard: The four people were interviewed and one person
has been selected and recommended for appointment.
Mayor Ferre: Let me state my opinion here. I happen to agree
with Father Gibson and let me put it to you this way. I don't
think that it would have done any harm to your selection pro-
cess to have Latin and Black representation on the committee
to advise you to select. It wouldn't have done you any harm
and it is not a question of not choosing a Black that doesn't
have a Ph.D., you've got one that has one right there and to
boot, he is an employee of the City of Miami and so is Dr. San-
chez. I think it would have been not only appropriate but I
think in the selecting process that they should have, or their
counterpart should have been included. Now, that does not
mean that the conclusion would have been any different because
for you to say that the conclusion would have been different
is for you to tell me that these two individuals would choose
strictly on the basis and you and I know that that isn't true
because they are just as interested in choosing quality as you
and I are and I, therefore, I think we have talked about this
18 APR 181974
long enough. It is just a matter of opinions now but I want
to ask you one last question. How much money approximately
did we budget for this program?
Mr. Howard: There was $300,000 budgeted for facilities and
$200,000 budgeted for operation, a total of $500,000.
Mayor Ferre: How much of that money has been expended so far,
to your knowledge?
Mr. Howard: None.
Mr. Andrews: He doesn't have all of the information, Mr. Mayor.
Mr. Plummer: We, on the action of this Commission last Thurs-
day bought one of the....
Mr. Howard:
Mr. Andrews:
concerned in
But that was a motion, we haven't done anything.
But we are underway as far as the program is
achieving some of the buildings.
Mayor Ferre: All right. Thank you sir. Now Bob, I think
there have been an awfully lot of things said here and I'm
sure you are kind of itching to get up on that microphone
and start answering some of them or start talking to them.
Mr. Paulk Mr. Mayor, I assure you I am not itching to re-
spond to all of the things that have been said here. There
have been many statements made here and frankly, I really
don't know where to begin but I must and in so doing, it was
recognized that not just because of the suit that was initiated
back in 1971 about black police officers with the City of Miami
but representative of the law that is now affective on all
employers of the United States with the exception of the
United States Government that we must abide by the princi-
ples that have been laid down in the EEOC under title 7 of
the Civil Rights Act. Since 1972 we have been under that act.
We have a great task and we're not alone but a great task has
been set upon every governmental agency to set their examin-
ation processes right. In assuring that the examinations are
relevant to the job, that the examination will be concurrently
and predictably valid in determining who shall and who shall
not be able to meet the requirements to serve in the commun-
ity for the particular positions that they are seeking. In
September of last year the Civil Service Board upon my reco-
mmendation asked that two positions be funded to assist us in
this endeavor, to evaluate our examinations and help ascertain
whether or not there was any cultural bias intentionally of
unintentionally in any of the examinations that are utilized
in determining whether a person is qualified to work for a
particular, for the City of Miami in a particular position.
We had an urgent task upon us because we were really in a
bad situation because a partial final order had been handed
down in the suit that was initiated in '71. In effect, with-
drawing and setting apart from the Civil Service System the
examination processes for police officer, sargeant, lieutenant
and captain. It was our specific intent at the time to see
what we could do in working out this problem with the proper
solution. You did see fit to allocate the funds and we have
engaged two people to assist us in that endeavor. The first
role that I asked Dr. Toomer to play was to evaluate, No.1
the type of material which we have on the promotional examin-
ations. He did that as he indicated to you and he felt that
there were things that he did not agree with. The things
that were on there are those things which the Police Department
19 APR 18 1 74
have reeomMended to the Civil Service Board to provide the
type of material that is accepted for a police captain to
know, the p'slice lieutenant to know, the police sergeant to
know. These are the things that the Civil Service Board
authorized to be resource material to encompass and test those
people who want to be sergeants, lieutenants and captains to
know. I can't say that it is all relevant because I don't
know. Perhaps there are some things that are not relevant
that were on that material. In making that evaluation we are
going to have to abide by the law and make it job related.
We were still in limbo insofar as an independent agency was
concerned, as a matter of fact, the contract I believe has
been signed but back in February when we were talking we
were trying to work out something in the eventuality that we
didn't have that independent testing agency to proceed with
giving the examination for the positions that I've outlined.
I asked Mrs. Sanchez, to No. 1, evaluate our police officer
examination, the entry level examination so that we would
find out whether or not there was any bias on the examinat-
ion and we have redeveloped as we requested, an examination
for entry level police officer. It has been administered
and in the administration of it, recognizing that the exam-
ination that we have been giving since late '59 or in the
late 50's has been changed since items on the examinations
are changed, instructions on the examinations have been
changed, we find that the norms that were predictive of the
people who should be in the Police Academy could not be used
and therefore, upon their recommendation and in conjunction
with our staff we recommended to the Civil Service Board that
we qualify all of the people so that we might find what that
cut-off point should be by basis of the demonstrative per-
formance of the people in the Police Academy. This has been
done insofar as the test results have been concerned. The
final proof will be in a long time process of making a deter-
mination as to how well people at various stages on that exam-
ination will produce in the academy and we won't know for some
time. The first individual has not been engaged off of that
examination to proceed in the academy and we just don't know.
We have made the corrections and that is important. We have
made a step ahead to try and validate our examinations. I
can't state here specifically to you today that that examination
is absolutely valid. We have appeared before the Commission
along side of Judge Mc Creary where we pursued the necessity
to continue giving examinations for police officer to keep
police officers on the street and he had no objections to our
continuing on, particularly in light of the fact that we were
adjusting the examination and did so state here, and conse-
quently, we have carried forth that message. In our negot-
iations, and I will speak of negotiations, Mr. Andrews and I
was in part of the conversations that took place with the
Industrial Research Center of the University of Chicago. We
had certain things that we had to consider insofar as validity.
The University of Chicago indicated to us essentially that it
would be a year and a half to two years before they could come
up with the type of examination they felt would be valid. We
have had to make certain requests of them in concession to
give interim examinations so that we can staff the Police
Department insofar as sergeants are concerned, lieutenants
are concerned and this is one of the first thrusts that is
upon the University of Chicago to proceed with developing an
examination and that is where we stand on that issue. The
statement relative to the feeling as an outsider
Sanchez and Dr. Toomer and the fact that we must
selvew with recommendations that they would make
any change would be concerned I apprised them of
by Mrs.
concern our -
insofar as
this from the
very inception of their beginning with us, that there may be
20
APR 181974
things that we wouldn't be in agreement of, that we would have
to talk these things over and come out with something that.would
be Compatible insofar as examinations were concerned. 1 think
they will readily admit to you that this was made. It isn't
the feeling that everything that is being recommended is wrong,
it is the feeling that when things are recommended the justi-
fication for change is necessary and probably some of the rea-
sons for some of the questions that Mrs. Sanchez indicated here
relative to thinge that were being suggested wasn't to contest
someone's capabilities or qualifications but to give and lend
a basis for which recommendations are being made. The state-
ment relative to the behavior of an individual who asked Mrs.
Sanchez to quieten down on the particular day in question is
erroneous from what information I have been given by employees -
Mrs. Sanchez: Excuse me right there, and I am sorry if I am
out of order. If you say it is erroneous you mean I am lying?
Mayor Ferre: Dr. Sanchez, I will recognize you as soon as he
is finished. You write down the questions that you have and
just as he let you finish your statement, we're going to let
him finish and Jesse, I will recognize you later on. I want
him to have the opportunity to finish.
Mrs. Sanchez: I'm sorry, I apologize.
Mr. Paulk: I have consulted with people who were present on
the day that this incident occured. In no way have any of
the people who were there indicated that the individual that
allegedly told Mrs. Sanchez to shut up and get back to work
occured. I was in the close vacinity of that but not in the
presence. I was in the back of the Civil Service Office us-
ing the telephone. An individual, realizing that I was having
difficulty in hearing on the telephone because I had cupped my
unexposed ear stepped out of the office and brought his finger
to his lips, so I am of the understanding to indicate' quietness.
The individual told me this. Two people who were present at
that occasion told me the same thing. The statement relative
to "shut up and get back to work" is not substantiated by
people who were in the presence. If that indicated that Mrs.
Sanchez is lying so be it, and I don't like to have to say
that but I must check out points and accusations and this is
unfounded based on the statements of people who were in pre-
sence. I am sure that there are other things that you would
like to ask of me.
Reverend Gibson: I am a little disappointed and disturbed
that we now get to the place that the statements are erroneous
and based on the schools that you all sent me to, that means
that somebody is lying, isn't that right?
Mr: Paulk: That's what I said.
Reverend Gibson: That's what erroneous meant in the schools
I went to. Well anyway, I regret that because I wasn't there
and I guess nobody else was there so it is one against the
other. That is unfortunate. As an administrator, I think
if I had to say it I would have said that maybe there was a
misunderstanding. That would have been a polite way. But
anyway, I'm not going to worry about that. You're going to
have to worry about that because she's going to jump on that
in a minute anyway so I don't have to do that for her. Let
me do this. I heard you talking, now if what I heard here
this morning is right, by the people we employeed, I want the
other members of the Commission to listen. If what I heard
from the consultants there that we pay, and are on that staff
21 APR181974
is Correct, dealing with words that Chaucer and Canterbury
tales deal with, if what they said is right, 1 wonder now
if what you said a few minutes ago about examinations, are
you asking us to proceed with examinations knowing about
Ch&uCe:r and Canterbury tales and Elizabethian English, are
you telling me that? Please, just yes or no. Then tell
me the reasons why.
Mr. Faulk: Commissioner Gibson, the test has been redesigned.
Their concerns relative to those vocabulary words have been
alleviated.
Reverend Gibson: A11 right. You say they are redesigned,
where is that outfit that s supposed to be writing the tests,
are they here?
Mr. Paulk: Mr. Fox is here.
Reverend Gibson: Any of their representatives here? All
right, air. Come up here so I can ask you a question. Let
me persue this. You know, let me tell the public why Theodore
Gibson is reacting as he is reacting. Now I think, I have
proven that I believe in treating people right, I think I
have. You know what worries me sir, am I right in understand-
ing now that we are going to pursue an examination before we
get steps 1,2 and 3. I don't understand, please explain.
Mr. Fox: That is not our commission here to do that. We in-
tend to proceed on a basis which will fully meet the EEOC
guidlines.
Reverend Gibson: Ok, Mr. Andrews, let me ask you then because
the court asked you to do it. Maybe you can tell me. I
heard Mr. Paulk say a few minutes ago about an examination.
I don't understand that, what are you telling us?
Mr. Andrews: You mean as far as construction of the new
examination?
Reverend Gibson: No, giving, taking, taking the examination.
Please explain.
Mr. Andrews: What Mr. Paulk is trying to describe to you is
they have had a change in the examinations that they have
given in the past to a new form of police examination which
Dr. Toomer and Dr. Sanchez were party to and assisted in the
reconstruction of that examination.
Reverend Gibson: All right, beautiful, now let me ask another
question that you're not answering that I've asked. Does this
mean examinations 1, a and b, or 1 and 2?
Mr. Andrews: It was one examination for the entry patrolman.
Reverend Gibson: All right. Let me ask you this question.
Are we going with an examination beyond that point?
Mr. Paulk: Commissioner Gibson, maybe I don't understand
your question but let me address it in this way. We had
an examination that we used up until December of 1973. We
have now restructured that examination by re -writing many
of the items that are on it with the consultation and much
participation by Mrs. Sanchez which was of course was re-
viewed by Dr. Toomer and other members of the Civil Service
Staff. That examination has been given and it is anticipated
that if the people who are on the register which would normally
22
APR 181974
itt or
last a year does not run that period of time then we may have
to give that examination again. We don't really know how long
it will last. Now that is an entrance examination only.
Reverend Gibson: Xet_me make_sure_that _the only exams._ that we
are «Considering. between now and__ .until _ these people have written
the ,wholehuge structure is an examination that _Doctors Toomer
and ..Sanchez_have.Participated in structuring, is that right?
Mr. Paulk: That, ip, correct.
Reverend Gibson: Mr. Clerk, I want you to underscore that in
the record.
Mayor Ferre: I am next going to recognize Judge Mc Creary and
then I'm going to recognize Dr. Sanchez.
Judge McCreary: Mr. Mayor, let me straighten a few things out
here. I want to start with Father Gibson's last question and
the answer to it. Mr. Paulk indicates that the only examin-
ations scheduled prior to this group of people getting all of
their examinations ready is an entrance examination. I sug-
gest to the Commission that that is not true, that there is a
sargeant's examination scheduled for sometime in July. Mr.
Fox is here and I think he can indicate that what I'm saying
is true.
Mayor Ferre: Is that so, Bobby?
Mr. Paulk: 'I am sure that I can clarify that and I think it
would be better for me. What Judge McCreary is saying is that
there is the potentiality of an examination for sargeant be-
ing given somewhere around July 1 but it will not be a pro-
duct of the Civil Service Office. It will be solely the
sovereignty of the Industrial Research Center of the Univer-
sity of Chicago to develop an examination to be administered
somewhere in that time period.
Judge McCreary: That's a little different than what he an-
swered to Commissioner Gibson's question.
Reverend Gibson: Mr. Mayor, I asked you specifically, you
see, I'm going to put your reputation on the sine. I asked
you specifically, you told me no. I asked Mr. Paulk, he said
no. That isn't what Jesse just got through saying, Mr. Mayor.
Mayor Ferre: I heard.
Reverend Gibson: Mr. Andrews, I asked you and you know, I
want you to know how cunning I was in asking this. I said
the only exams that we are going to give or contemplate giv-
ing or are scheduled are those that Doctors Toomer and Sanchez
have participated in restructuring. The answer was "Yes".
Mr. Andrews: There is a misunderstanding here.
Reverend Gibson: Let's clear it up then.
Mr. Andrews: By all means, let's do that and I think I can
enlighten the Commission as to what's happening. Mr. Mayor
and Members of the Commission, this matter you are discuss-
ing is divided into two parts and we're jumping from one to
the other without recogni4ing which part we're in. We've got
to back track for a moment and remember that we employed two
professional people to assist the Civil Service Staff in pre-
paring many examinations, hopefully examining many examinations
23 APR 18 1974
beyond the police area. Separate from that we employed a pro-
fessional agency as the court order prescribed and they are the
University of Chicago Industrial Relations Center to make spec-
ific tests as far as the Police Department is concerned only,
recognizing that we were trying to react to the court order as
quickly as possible one of the first areas that was looked at
prior to the new agency was the patrolman entry examination.
Secondly we recognized that there was a sergeant's examination
date announced and that was a second priority but the decision
WAS to postpone that examination temporarily until the new
agency could arrive and begin making up an interim examination.
Not the complete one that they would like to construct fol-
lowing all the Federal guidlines which is going to take a year
and a half maybe to construct, so there was an interim sar-
geant's examination based on the existing testing materials.
This we hope is going to be true for a lieutenant's examination
which will be given sometime in the late fall or no later
than December. That's the second matter, but a final lieuten-
ant's examination following the Federal guidelines will not
be ready until a year and a half but the Police Department
and the people of Miami cannot wait that long so we are con-
structing some interim examinations. You heard Dr. Sanchez
mention that they were getting started on a Fire Officer
Entry Examination, is that correct?
Mrs. Sanchez: I don't know what the name of it will be, sir.
At least it is an entrance examination.
Mr. Andrews: All right, an entrance examination in fire and
the added purpose of employing two professionals through
Civil Service was so that they could work side by side with
the Chicago firm, learning what the Chicago firm was going to
do as far as the Police Department is concerned, translate
that kind of process to the rest of the entire city.
Mr. Reboso: I would like to ask a question to Dr. Sanchez
and Dr. Toomer. I would like to know how did you do the
selection of the Police Test.
Mrs. Sanchez: How did we do the selection?
Mr. Reboso: Right.
Dr._Toomer: In terms of the selection process that I
mentioned in the report, we had nothing to do with it. We
had input into how the individual selection process should
be carried out also that it would be as fair as possible.
Let me go back a second and set the stage. We were working
under time constraints in terms of trying to get this exam-
ination together from the time we started, given the project-
ed date. We started around, I would say the early or middle
part of February and the exam was given, March 4th, so we
were working under time constraints to get this exam together.
Now in terms of the selection process, we had input into the
process, at least I made some suggestions as to what I thought
would be feasible given the constraints under which we were
working but in terms of the actual process itself we were
told that we could not be involved and in fact the door was
closed in front of us. We had no participation, it was done
behind closed doors.
Mr. Reboso: Can you tell how many people passed that examin-
ation, how many Latins, how many Blacks?
Mrs. Sanchez: May I abound on Dr. Toomer's last question?
Mayor Ferre: Go ahead, Doctor.
24 APR181974
Mrs. Sanchez: Not knowing which percentile to use up to now
the Civil Service cut-off point had been the thirty-fifth
percentile. Not knowing which ones to use it was my personal
recoimmendation to Mr. Paulk that every individual be quali-
fied and using other processes of elimination and not the
fact that for some reason in your life you had been deprived
of an education, whatever reason it might have been, and as
I have been informed by them there is more than one thing
that they undergo. They undergo a polygraph, they undergo
physical tests, they undergo a couple of other tests. It
was my suggestion that everybody be given every tent. Some
would not meet the polygraph examination so that would dis-
qualify them as not being the moral kind of individual you
would want a police officer to be. Some would be disqual-
ified because they would not be physically fit and you wouldn't
want a policeman who couldn't run after a thief or could de-
fend you in some case. When we had come up from the 238 per-
sons who took the test it was the Civil Service Staff's idea,
working with numbers that we would be left over with some 80
persons or less after they had been screened. Then I told
Mr. Paulk, those 80 persons, to my idea would be individuals
morally qualified to be a police officer, physically qualif-
ied to be a police officer and from those left over, let's
rearrange them by scores from the person who got the most to
the person who got the less and see what happens. Then many
things could have been done, like, if you want to make it
very even into the three different ethnic categories, choose
the best 10 white Americans, the best 10 black Americans, and
the best 10 Latins and send them through the first training
class which would make 30. We would have 50 persons left.
Give those individuals some remedial work. Give them a chance
to study and make better teach them. But we were not present,
sir.
Mr. Reboso: Let me ask you this question in essence of time.
Your recommendations, were they used?
Mrs. Sanchez: No, but let me state something more. The pro-
cess of selection, the answer was it would take too much time
and too much money. I said you are open, very liable, we are
very open to the criticism of anybody and we wouldn't stand a
chance in court but if that's the way, that's the way it is
going to be. I take orders, I just suggest things. Then,
under Dr. Toomer's recommendation after a conversation he had
with Mr. Paulk the only solution which we had which was not
very good, but that was the only one at hand would be to ran-
domly select the persons in plain words, Reverend Gibson,
that means you know, like draw it out from a bingo. You draw
names and Johnny Doe got 1. We were waiting, and when I say
we, I mean the whole staff, Mr. Boyce, Mrs. Berg, Mr. Zeien,
Dr. Toomer and myself for the appearance of Mr. Kouchalakos,
the chief examiner to do the random selection processes.
When he got to the Civil Service Board we were ---
Mayor Ferre: Steve, you'd better listen, this is about you.
I want you to listen. We're talking about you.
Mrs. Sanchez: Mr. Ryan went back to the room and told me,
"Josefine, get the people together, Mr. Kouchalakos has just
arrived. We are going to proceed with the random sampling."
We all got up from our desks, carried our coffees, walked down
the hall and when we got to that door, Mr. Boyce Ryan informed
everyone who was behind that we were to return to our desks
and continue with whatever we were doing because the random
sampling was going to be done under closed doors by Mr.
Kouchalakos, Mr. Boyce Ryan, who is the chief, the head of
the department, Mr. Joe Yates, and Alice, the secretary and
25'
APR 181974
those taut ini ividuais were going to be just exclusively in-
volved in picking out the bingo who was who.
Mayor Ferret All right. Mr. Kouchalakos, come over here next
to the microphone NO we can aek you questions. Are you finish-
ed now?
Mrs. Sanchez: Nearly, may I ask one more---
Mayor'Ferre: No, I'm going to let you talk later on in an-
swering Mr. Paulk's points but let's wait on that for a mom-
ent if we could. Now I am going to recognize Judge for a
statement and then I want to ask Mr. Kouchalakos.
Judge McCreary: Mr. Mayor, I think maybe I can help straighten
some of this out. At the urgence of Commissioner Plummer who
indicated that Chief Garmire had indicated that he needed pol-
icemen on the street to start a class, Commissioner Plummer
urged both the plaintiffs and the Civil Service Board, said
gentlemen reason together for the sake of the City of Miami.
I went before the Civil Service Board, before this gentleman,
indicated that the plaintiffs would not hold the City to the
letter of the order as it related to the entrance examination.
I indicated at that time that we would have no question whether
or not the old examination was given or whether or not a brand
new structured examination was given except that we wanted the
City to have policemen to put on the street. Now the plain-
tiffs have not raised one question as to what happened on
that examination and we do not raise it today. The agreement
with Mlle Civil Service Board was -we will not question the
entrance examination, the patrolman entrance examination but
that we will question and will ask the City to abide by the
court order as it relates to the sargeant's examination. We
are back here again today asking the City to abide by its
share of that bargain. We have abided by ours. I represent
to you that there are a number of the people I represent here
today who have not mentioned one time anything about that ex-
amination whatever transpired between the Civil Service Board
and the special consultants gentlemen is a problem that does
not concern the plaintiffs. The plaintiffs do have a pro-
blem here today. If the Commission wishes to hear it now I
will be glad to discuss it but I think it may be a little bit
more appropriate to mention it at a later time. Mr. Mayor,
would promise me that I can come back and mention our problem?
Mayor Ferre: Yes, I'll recognize you again Judge. Now Steve,
if you would, you heard what Dr. Sanchez said about the selec-
tion. I would like to know, and for the record exactly what
the process of selection is when you were in a closed door
session where you were going to select at random. How did
you do that?
Mr. Kouchalakos: I was invited to the Civil Service Building
and in front of four witness a coffee can was brought out and
in that coffee can, approximately 238 capsules with names in-
serted in the capsules were placed. They had been there.
Mayor Ferre: Now is this the 80 that were the finalists, or
was this the 230?
Mr. Kouchalakos: The 230, all the participants that had taken
the test as I understood it and in front of witnesses I pro-
ceeded to open up capsules and individually place them in order,
1 right down to 238. That was the process that was used, there
were four witnesses.
26
APR 181974
Mayor F'eere: Were they all equally qualified?
possible, obviously.
Mr. Kouohalakos s No.
That is imp
Mayor Ferret How about their test scores and how about the
question- —
Mr. Kouchalakos: The test scores
know what the test scores were at
Mr. Plummer: Are you telling me,
operating on a coffee can type of
devil given for?
Mrs. Sanchez: Good.
were not reviewed. We didn't
that time, I didn't anyway.
Mr. Kouchalakos that we're
an entrance? What in the
Mr. Plummer: This is not against you of pulling coffee beans
out of a coffee can but you know, let me tell you something.
We gave an examination to get the best 80 people. Now what
happened to that theory?
Mr. Kouchalakos: This was the original contention ...
Mayor Ferre: Keep on explaining the process because maybe
he rectifies it later on.
Mr. Plummer: Maybe he had better.
Mr. Kouchalakos: What we were doing was placing these people
numerically right down the line from 1 to 238 and then we
were going ahead and proceed and pick 80 people, was it Bob?
We referred 80 people but we picked the first top 30 and re-
ferred them to the Police Department.
Mayor Ferre: How did you pick the first top 30? You mean
at random?
Mr. Kouchalakos: No, right down the line by number.
Mayor Ferre: A11 right, now. Let me ask you this question
because this is what we're all concerned about here and this
is the whole point of this. You mean to tell me that if the
guy who came out the best on the test and who may have been
the most qualified man on the bean selection and came out
238 he was just cut out?
Mr. Kouchalakos: Could have been on the bottom of the list.
Yes, sir.
Mr. Paulk: If I may clarify that, Mr. Mayor and Members of
the Commission, I think it is important.
Mayor Ferre: But before you clarify it let me ask the $64,000
question. It is my understanding now that out of the 60 people
that are going to the academy that thirty of them, as I under-
stand are Anglo-Saxon, white Americans, 15 are Black and 15 are
Latin, is that correct?
Mr. Kouchalakos: We don't know that.
Mayor Ferre: Well who does know that?
Mr. Kouchalakos: Nobody knows that. The only person that
knows tat is the person that is going to be screening them
at the academy.
27 APR 181974
It
Mayor ferret YOU Send 80 to the academy and they are going
to select 60?
Mr. Paulkt Mr. Mayor, of the 238 people who were randomly
selected and the basis of the random selection was to conceal
their score from the Police Academy and from the Police Depart-
Merit so that they would have no pre. -conceived notion that could
be made based on the demonstrated score that a person made on
the written examination and would have to be evaluated on
their achievement at the Police Academy so that the Police
Department does not know how they did nor will the Police
Academy know how they did. Now inorder to obtain...
Mayor Ferre: Then what do you give the test for? Doesn't it
come into the selection process at all.
Mr. Paulk: Mr. Mayor and members of the Commission, this is
a problem that the United States Governmental agencies through-
out the United States is faced with in validating their exam-
inations. We are attempting to validate the correlation of
the test results to the capability of functioning and job per-
formance at the academy and on the street as a Police Officer
and we can make suggestions or we can give indication that we
feel because someone was number one on the register that they
qualify. The one who is on the bottom, we are sending out,
indicating that they qualify but there are going to be many
who get into the academy, I don't know how many that will
not be able to keep the pace of the Police Academy.
Mayor Ferre: The thing that I don't understand about this
whole procels is the random selection, and I don't understand
what is the,purpose of the tests if they aren't used in try-
ing to qualify or select or choose by quality then what are
we testing for? I don't understand. If you have given the
test and it isn't used in the selection process, the academy
doesn't know what the results of the tests are, they've got
to judge by the experience as they go through the academy,
then where does the test come into play? What is the purpose
of the test?
Mr. Paulk: We are attempting to validate our test for future
use in the design as you outlined it but at present instead of
arbitrarily setting a cut-off point and saying these people
qualify and this is their ranking order and these people don't
qualify and not rank them.
Mayor Ferre: I see, so in other words, the purpose of the
test then is a process of elimination rather than a process
of selection.
Mr. Paulk: That is true.
Mayor Ferre: Ok, now I understand.
Mr. Plummer: Now Bobby, let me ask this. I'm comprehending
what you say but you know, it would have seemed fairer to me
had we been looking for 80 qualified people that we get just
80 qualified people and period, amen. Now, when you come the
other way around with 230 people of which you then eliminate
all but 80, it looks like to me that you are asking for a lot
of flack from 150 people.
Mr. Paulk: No,sir. We're not eliminating them. It must be
understood that the examination results, the register estab-
lished of 238 will hold and everyone of them will hold and
everyone of them will ult4.mately be referred. We have that
28
APR 18 1974
much turn over in the Police Department to process all 238
people Off of the register now as Mts. Sanchez has pointed
out there are many who are going to be phased out because
of medical, because of oral interview, because of polygraph,
and all 238 will not ultimately be employeed. There are
Various points in the processing not just in the written to
which people are set aside.
Mayor Ferre: Let me recognize Dr. Sanchez now.
Mrs. Sanchez: In Answering your question, Mr. Plummer, and
when Dr. Toomer and I visited the Police Academy to see if
we could correlate the tests with what they were given, know
what they wanted we always had in mind choosing the best person,
the thirty best, the fifty best, the eighty best, whatever we
were going to get. That's why I called for the elimination
processes to be applied to those individuals because at least
we would have known that they were the best moral citizens
and the best physically fit persons. But the random selection
processes is a sword of two blades. Yes, it does eliminate
biases, we hope, and I am sure that there was nothing wrong
in the selection process but isn't the State of Florida called
the Sunshine State in which everything that happens has to
be done publically and when two consultants of minority
groups were present we were excluded from being present there
and looking at the coffee beans being pulled out of the
coffee pot and see who was who? Let me inform you that when
a random selection happens people who are qualified just be-
cause lady luck is not on their side happen to fall out for
example, I have here and I'm not going to quote Id's or names,
but they are for your, I can sibmit them to you later on, I
have here fourteen persons who ranked in percentile 1, that
means the lowest. Three in percentile 1, one in percentile 2,
two in percentile 3, 4, 5, and 6 people who flunked the test
or which were the 14 from the tail up if we were going to get
them according to points won. These 14 persons because lady
luck was on there side and there are all sorts of names here
there are 6 Latins and 4 Americans but I don't know whether
the Americans are black or white because you don't know that
Nby name, but I know that Perez, Machado and Nunez are Latin
and these 14 persons who would never have passed this test....
Mr. Paulk: ,Mr. Mayor, I'm going to interrupt this because
exactly what you're doing is releasing information pertaining
to the way a person performed on the examination which we're
attempting to conceal and this is important that we conceal
that information so that the Police Department and the Police
Academy does not have the information pertaining to how well
someone did on the test.
Mayor Ferre: I'm running the meeting here now. Now as soon
as you're finished I will recognize you and you can answer.
Go ahead, Dr. Sanchez.
Mr. Plummer: Wait a minute Mr. Mayor, I'm sorry. Mr. Paulk
has brought up a thing and if it is what he says it is I
think that you'd better listen to him. He said that she's
releasing confidential informations. I would like to hear
from Mr. Paulk because if she's to be stopped and not re-
lease that information I think we should know it but let us
determine it.
Mayor Ferre: All right, Mr. Paulk. Excuse me, Dr. Sanchez,
because of Commissioner Plummer's request which I think is
valid I will recognize Mr. Caulk.
29 APR 181974
Mr. Paulks Frankly, Mr. Mayor and Commissioners, I don't know
who did What on the examination. 'We do have the ranking order
of the people at our office but in no way has that information
been released to anyone. Yes, Dr. Toomer and Mrs. Sanchez have
access to that information. I don't want it released to this
City Commission in any way shape or form. I don't want it re-
leased to the Police Department in any way shape or form nor
should it be released to the Police Academy. An individual
who is being referred from a register that is on a random sel-
ection should not be identified as to how well he did whether
he is in the first percentile or the ninety-ninth percentile.
I want the Police Department and the Police Academy to eval-
uate an individual on the basis of his performance and we will
relate it to the test score in a study t:it is to be manifest
on this basis and we can't do it if you release the information.
We cannot correlate test scores to performance at the academy
if the information is out. This gives preconceived notion
on me, for instance, if I am one who is in the first percent-
ile to the instructor at the academy that he's not likely to
succeed. I can appreciate the recommendation that Dr. Toomer
and Dr. Sanchez made relatively to wherever these people fall
on the register they should be continued in the academy for as
long as it takes them, upwards to two, possibly three years.
The City of Miami cannot afford that. We have a period of 6
months in which to train a police officer and it is very cost-
ly to get those out on the street and the attrition of failure
at the Police Academy is somewhat unfortunate, but there are
people who won't make it and that's sad. I'm not saying that
those people in a derrogatory manner are incapable of academic
achievement. What I'm saying is that the academic achievement
of an individual today may not be sufficient to get through
the Police Academy and this is what we have to determine so
that we can cut the expense of training Police Officers and
that is precisely what we're attempting to accomplish.
Mr. Plummer: Bobby, let me ask you this. Isn't, I know of no
other time that a random selection has ever been used in choos-
ing the candidates for the academy. An I right?
Mr. Paulk: By the City of Miami, that's right.
Mr. Plummer: So, in fact, what you're telling me is that
this is a new procedure.
Mr. Paulk: It is a new, we hope one time procedure, Commis-
sioner Plummer so that we can correlate and establish the pass -
fail point.
Mr. Plummer: Bobby, I see what you're saying but you know,
what you're also not saying and the thing that alarms me is
the basic concept that I have that we get the finest people.
Now you're talking about 80 people who were chosen at random
which you have indicated you do want to see in two or three
years, what results it has back on this random selection. Now
for one, I'm going to tell you that this City can't afford
that two to three years. I personally think there is a reason
for giving the examination and that is who are the best people
qualified. Now you know by the confidential information which
you have and can still make a study as to what the ultimate
end is.
Mrs, Sanchez: Of course.
Mayor Ferre: All right, Dr. Sanchez.
Mr. Plummer: Wait a minute. I want to get back to this point.
30 APR 181974
Plummert What 1 want to know is Bobby, on who's pre..
rogative it was that this Would be a random selection rather
than the age old selection that we had always used. Who made
that deoision?
Mr. Pau.lkt Let's say that I did.
Mr. Plummer: Why?
Mr. Faulk: Because it was recommended by Dr. Toomer and Dr.
Sanchez.
Mrs. Sanchez: Not by me, sir:
Mr. Faulk: If you will bear up under the strain, Mrs. Sanchez,
I will clarify the entire mess. It was, recommended that they
all be marked qualified and in marking someone qualified you
do not identify their teat score and in order to conceal the
score of an individual a random selection was advocated. I
discussed this with Dr. Toomer on the Friday afternoon preceed-
ing the Civil Service Board Meeting in which they adopted this
principal. I discussed the prospect of setting up the register
alphabetically, in referring the first A, the first B, the first
C, the first D in a manner of randon selection. We discussed
this and I said think it over over the weekend and you tell me
if you are in disagreement. He did bring up to my attention
that there had been a suit filed by someone who was Zebra, not
necesarily Zebra, in fact, but someone who was last in the al-
phabet and it had been ruled as a discriminatory method of re-
ferring people. I said Jeff, if you have some selection as to
how we might better go about this then let me know Monday so I
can present it to the board. I did not hear from Dr. Toomer.
I presented this to the Civil Service Board and it was their
approval that we set up a blind referral. I indicated to them
that it would be alphabetically, sending, A, 26 and the second
of the letter. We withdrew from the position and set up a blind
selection process in which Mr. Kouchalakos outlined to .you.
That is the method and the reason for it is an attempt to val-
idate our examinations so that we can have fruitful participants
in the Police Academy on the basis of this study.
Mr. Plummer: Let me tell you, I accept what you say. You know,
Mr. Mayor, one thing that hasn't been addressed here today and
maybe I'm nave and maybe I'm not too smart. You know, we are
designing or attempting to design an exam which I have referred
to as no longer "White middle-class". Now you know, that's
great for getting them past the entrance but you just heard
this man say that they have great drop -outs in the academy.
What are we accomplishing by getting an exam that allows a lot
of people who couldn't qualify to qualify when there isn't a
chance they are going to get through the school? You know, I
haven't heard a word, I haven't heard the first word about
changing the school because I can only assume, not that I'm
saying that it's right or it's wrong, that the school is white
middle class. Now we are designing exams to get them in then
if we're going to go that route I guess we've got to redesign
the school because if we get them in there isn't any way they're
going to get through the school.
Mayor Ferre: All right. In a moment I'm going to recognize
you. Dr. Sanchez has been anxious to speak for 15 minutes and
we haven't given her a chance so I am going to let her speak
now and then I will recognize you and then you.
Mrs. Sanchez: Going back where I was, and thank you for recog-
nizing me,going back to the getting the best person to serve
in that academy not to have the drop -outs, if we could call
31
APR 181974
that, which when Dr. Toorner and I visited the academy, we got
the answer to what was the lost pupils that we got from the
Director of the Academy.
Dr. Toomert Basically, in terms of our visiting the Police
Academy we were unable to really put our hands on really what
the specific skills that are required, what they are in term
of an individual succeeding at the Police Academy,
Mrs. Sanchez: Well what did they tell you that dropped out?
Dr. Toomer: They said that the attrition rate was very low
at the academy.
Mrs. Sanchez: And that it was due to personality problems
between the instructors and the pupils which nobody can hold,
but let me please finish this.
Mayor Ferre: You'll have to forgive the interruption, that
goes back to what Mr. Plummer was saying.
Mrs. Sanchez: But that's where I'm going to try to get.
Mayor Ferre: All right, Dr. Sanchez, go ahead.
Mrs. Sanchez: Thank you. If we have given 300 and some tests
and we do have the scores of who made the highest and who made
the lowest and we have sent to the, and I don't think this
should be kept a secret from the public or from you or from any-
body, we have 14 top persons ranking from 99 percentile which
were the best to 91 who lady luck did not favor and they were
not called in and yet lady luck favored 14 persons who never
even made percentile 99. Then what will the attrition be of
this group that we're sending in that because of the random
sampling selection we did not go and pick out the best but
those who got just lucky to be picked out? If I were guy #99
here in this list and lady luck went against me I would feel
very very discriminated upon because I have the knowledge and
I got the most number of points out of anybody else who took
the test and I'm qualified to be a policeman if I pass the
other tests. That's why I insisted that they be given all the
other eliminatory tests of Polygraph, and the rest of them
and when we had whatever number of individuals came out that
were morally fit and physically fit to go down on a list and
taking the best persons qualified whether they were black, yel-
low or polka-dotted, I don't care where they rank. We want
good policerien. If we have good Latins that make it, beautiful.
If we have good Blacks, beautiful. The idea was take the num-
ber of what comes in which they said, it would be a small num-
ber because of the attrition of the other tests, take the top
thirty, make a heck of a good group and pull them through and
the rest,that are left, 30, 40, 25, teach them. Help them,
make another program, we even discussed of coming up, Jeff and
I discussed it with Mr. Paulk, coming up to visit the City
Manager and Mr. Parades to see if we on the side could get any
kind of a grant, a help, some money, not give a job of police
officers to the 80 because the City couldn't afford it but the
others who were there on that list and whom we knew that could
not make it in 6 months because they were perfectly morally fit
and physically fit but were at the end of the list be given
extra training lessons, which we heard in the academy, that
they even tutor them, not to try to loose them when they get
there since they're already on a payroll and they do the very
best they can in their teaching. And we were satisfied with
what the Director of the Police Academy told us but it is a
heck of a thing, Mr. Plummer, to be: first, second or third in
a test and be ranked by lady luck in place 224.
32 APR 181974
.410
Mayor Ferre: All right, Dr. Sanchez. Is there anything else
you Would like to add to that now?
Mrs. Sanchez: No, I have been called a liar and I don't know
what I'm going to be called later on but that's ok. That can
wait. What cannot wait was the feeling that Dr. Toomer, and
he can express it in just as good words as I can, of not being
able to participate in the coffee bean selection because any-
body could have just come out in the list.
Dr. Toomer: I just wanted to make one response to Mr. Plummer
and that response is that, I think Dr. Sanchez referred to it
when she talked about the two edged sword. We're talking
about on one hand, getting as Mr. Plummer mentioned, the best
selected individuals for the Police Academy. Utilizing the
tests that exist that are not valid, that there are some ques-
tion about, you use that to select the so-called best, you
leave yourslef wide open for litigation by virtue of the same
kind of situation you have operative with the Police Promot-
ional Exam and we're talking once again about the same thing.
If the tests are not valid then it can't be used as a device
to select the best for the Police Academy and that's the pro-
blem as it exists now, here and elsewhere.
Mr. Plummer: I heard Mr. Paulk say that you two concurred in
the rancom selection. Did I hear you say that Bobby? Bobby,
did I hear you say that or not?
Mr. Paulk: Yes, we did discuss this on the Friday preceeding
the Tuesday that the board met and he did not advise me that
he was in disagreement. He raised the question on the Friday
relative to the alphabetical random selection but we were in
agreement as best as I recall, on a random selection process.
Dr. Toomer: Ok, let me respond to that.
Mayor Ferre: Doctor, excuse me. Ladies and gentlemen, we
have been on this subject now for over two hours. Now we
also have another item on the agenda and then we are suppos-
ed to break up and come back at two. Now I know that there
are an awfully lot of things that need to be said, Dr. Sanchez
has to respond to accusations that I am sure she wants to do,
Judge Mc Creary, and we've got to come to some kind of conclus-
ion on this so I would now, after two hours of discussion ask
you to begin to sum up whatever your positions are so we can
move ahead. So excuse me, you were asking for the floor. Go
ahead.
Dr. Toomer: In terms of the randomization process, I mentioned
in terms of putting the tests together for the administration
we were under time constraints in terms of what had to be done.
I had a conversation with Mr. Paulk as to the selection process.
There was great doubt about the validity of the exam that is
used for the Police Entrance, entrance to the Police Academy.
In terms of.the selection process, we had tossed around the
notion of alphabetizing the individuals and then choosing a
certain number, so many A's, so many B's, etc. That leaves
itself open ;to litigation by virtue of the fact that it an
individual could claim, and there is legal precedence for it
that he was discriminated against because he had the misfortune
of being born into a family who's last name began with T, W, Z,
that sort of thing. My name begins with T. I remember from
elementary school that I was always in the back of the line
cause you started lining up according to A, B, C, D. I was
always at the back of the line. In terms of procedure for
selection, given the constraints under which we were operating,
33 APR 181974
time, given the fact that a valid instrument was not in opera
ation. We talked about the process of randomization. In my
Opinion. I related to Mt. Paulk that randomization at that
particular time given the constraints seemed to be most appro-
priate method because according to randomization each individ-
ual has an equal opportunity of being selected and does not
leave you open for litigation.
Mr. Plummer: You know, you make the statement that there was
no procedure available at that time. Now I disagree with that
statement. I disagree that the statement that this city has
always followed is that the best man qualified is the man
chosen.
Dr. Toomer: But if the instrument used is invalid you leave
yourself open for litigation.
Mr. Plummer: Is the instrument the exam?
Dr. Toomer: Right, is invalid. You automatically leave your-
self open because someone can come right along and say look, I
challenge the validity of that test as 'not being job -related to
the skills that will get me through the Police Academy. That's
the problem we're dealing with.
Mr. Plummer: You know...
Dr. Toomer: That's the point, that's the problem.
Mr. Plummer: I just wonder what happened to the old theory
that the best man qualified gets the job. What happened to
it?
Dr. Toomer: Well, the best man in a lot of instances was al-
ways white, anglo-saxon American.
Mayor Ferre: Let me answer that. You know what happened to it
the Supreme Court changed it and we have to recognize that and
we are a country that lives under the laws and the laws have
been established by the Supreme Court of the United States and
the results of the extablishment of these rulings by the Supreme
Court are not easy. They are difficult, complicated to under-
stand and even more complicated to follow but follow them we
must and that is what this is all about. Go ahead. Judge,
you've got the floor.
Judge McCreary: Mr. Mayor, Members of the Commission, for the
record let me once again say that nobody, let me do Mr. Plummer's
a la Plume:, Let me make this very clear. The plaintiffs
have no objections to that examination being given under what-
ever circum$tances we agreed to that in the sense of compromise
so that chief Garmire at the insistence of Mr. Plummer could
get policemen in the academy. We are not a part of this dis-
pute at all.
Mr. Plummer: Correct, we understand that.
Judge Mc Creary: I just want to make it clear Mr. Plummer, you
know what happens sometimes here. We do have a problem. I was
informed on April 15th, this month that there is scheduled a
sergeant's examination tentatively scheduled for the first part
of July. I have been further informed that if that examination
is given it will be given from the same text books that were
used in the previous examinations for sergeant. This was con-
firmed to me on yesterday afternoon about 6:00 by Mr. Fox who
is from the University of Chicago. 1 point out to the Commission
34 APR 181974
41Ii\
that there is no urgent need for sergeants in the City of
Miami, Secondly, that officially the book list to be used
has not been announced but it has come to me from Mr. Fox
that the book list that will be used will be the same book
list that was used by the Civil Service Board in its pre-
vious examinations. I suggest that we reread the court order.
There was an agreement between the City Manager and myself
that we would #1 not question the entrance examination, that
we would let the independent agency make up an examination
for sergeants since everybody was clamoring about sargeants.
Now gentlemen I want to quote from Commissioners Plummer's
earlier remarks today when they were talking about the day-
care center he said"We want the best qualified person for
the job." That was echoed by Commissioner Gordon. They want
the best qualified person for the job and I believe that this
Commission wants the best examination for those people they
are going to examine. The lawsuit that was filed here was
not on the basis of any race, creed or color, it was just a
lawsuit to indicate that we have a fair and impartial exam-
ination. I have never come before this Commission with any-
thing except talking about fairness and if we in any way sug-
gest to these men be they Black, White, Cuban, Greek or from
wherever, and give the same examination from the same books
when these people have indicated, and I want to call him here
to verify this, that they cannot give you the best examin-
ation by July 1st, then we are not operating in good faith
and I defy any member on this Commission and this Adminis-
tration to say that I have not operated in good faith, I have
never broken my word to the Commission nor to any part of
this administration. I have taken it upon myself to talk to
Chief Garmire about another incident that happened and at that
time I assured him that I had the interest of the City of
Miami, that I did not want to stop the City from getting
policemen on the street, that I thought I had a legal right
to go back to court, I waived that right. And gentlemen, we
are back to a situation that I think is totally unfair, it
is unjustified and I call upon the city now see that we are
treated correctly.
Mayor Ferre: All right, Judge. I think your position is
very clear. Now who wants to talk to it?
Mr. Andrews: Mr. Mayor, May I respond to that? In an effort
to be fair to everyone, particularly the plaintiffs and keep-
ing the plaintiffs in mind at all times a decision was reach-
ed that rather than, and let's keep in mind that an announce-
ment had been made that there would be a sargeant's examin-
ation and rather than let that sergeant's examination run as,
run the course of its finalty as the Civil Service had been
giving the examinations in the past, the court order now is
before the Commission and a decision was reached rather than
postpone that examination and also to look at the alternatives
of what the court order suggested and that was have complete
and final examinations prepared by an independent testing
agency which could be as long as two years away, and at best
a year and a half away. Recognizing the need for sergeants
within the Police Department but most of all, thinking of the
plaintiffs and the employee officers who were studying dur-
ing that period of time when the examination was announced
up until the date that this decision was made that some form
of an interim examination should be given but that interim
examinations should be given by the testing agency as quickly
as we could employ them. They would in fact, write a new
examination but once again thinking of the plaintiffs and
the officer employees, I kept on insisting, and people were
in agreement with me that we should not change the study
35 APR 1S 1974
materials becae if you change the study aaterials you can't
give the examination in July. It is not fair to impose that
kind of burden on the employee who requires six to eight months
of study time. However, I can assure you that when the Chic-
ago firm gets through looking at the study material some of
the study materials maybe eliminated but they will not be
changed. In other words, if there were eight books that the
officers were studying from, one book might eliminated but n
not a new book added. They would rely on the materials that
they had been studying but a new examination would be written
by an independent agency and written as well as they could
within the time limits. Now that's what we're attempting to
do.
Judge Mc Creary: Mr. Mayor, can I just respond to that please?
This is not an emotional plea. The word before this commis-
sion was, and I repeat at the February 12th meeting or the 13th,
that there is not an urgency, and I go back to Commissioner
Plummer, that there is not an urgency for sargeants in this
city. That the urgency in this city is to put policemen on
the street, and there is Chief Garmire, the Chief of Police
who said it. Now, if we are now back to the point of talking
about urgency for sargeants then this Commission should have
been told that and somebody is not dealing fairly with this
Commission and I operated on the good faith of an office of
this administration and when they tell me today, and I have
great respect for Mr. Andrews but when they tell me that to-
day that it is unfair for people to have to wait for another
six or eight months, recognize gentlemen that it took 20 years
for Black policemen in this county and this city to get a
fair examination and I suggest to you that it does not hurt
anybody to wait a little longer. The plaintiffs are not com-
plaining today about the wait. The plaintiffs are willing to
wait and they have been the ones who over the years have suf-
fered from the examination. I suggest to you that this city
deal fairly and justly with those men.
Mr. Plummer: Mr. Mayor, the chickens are coming home to
roost and I don't mean to bring up the chicken in a punn,
but you know when this group from Chicago was selected I
asked at the time, "What is the quickest time that an exam
could be ready?" and I was told at that time, oh three, four
months we could get an exam. I said you are not being real-
istic. It's going to take a year. Oh no, we can get it ready.
This was the answer. Now you see, I said at the time to get
the exam ready, to give the men sufficient time to study and
prepare themselves for the exam was going to be nigh onto a
year. Now you see, the chickens are coming home to roost.
We are finding out that
Mayor Ferre: I tell you, I think we've heard enough and we're
just repeating things now. We're just going back and forth
on the same subject now. Now, you wanted to say something
and after that I think we are going to have to come to some
kind of conclusion.
Mr. Andrews: I don't want Commissioner Plummer's comments
to reflect in the record without analyzing what he has said.
We're talking about two different things. Yes, it will take
a year or longer to,get the kind of examination that is need-
ed finally but the :ntrim examination of the three or four
months, these are two separate matters, they aren't the same
thing. We'll go back and get the minutes out of that Commis-
sion Meeting. You'll find out that the whole plea was in be-
half of the plaintiffs and in behalf of the officers who were
studying, in fairness to them to come up with an interin
.341iFLsW-'KLa4VL'ii�p.. iij;YM�. J. 7... F••`
36 APR 181974
exasnitsation that the Chicago firm had indicated would take
three to four Months. The question of getting the kind of
examination that the judge is speaking about totally redeem►
signed, analysed and renewed is going to take a year or longer.
Mr. Plummer* Well let's just make the record very clear. I
asked the group from Chicago explicitly, standing at that
microphone, "How long is it going to take you to get an exam-
ination prepared to give for the sergeants?" the answer was
said three to four months.
Mayor Ferre: J.L., you've already said that.
Mr. Plummer: Well, but he is disputing what 1 said.
Mayor Perre: No he's not.
Mr. Andrews: No, I'm not. I'm saying there are two dif-
ferent things we're talking about. You're talking about
two different kinds of examination processes. The entrance
exam has nothing to do with the final exam.
Mr. Plummer: I'm not speaking of the entrance exam.
Mr. Andrews: But you use in the same sentence, you said
"The chickens are coming home to roost", because that which
was going to take three or four months is now going to take
a year. That's not so. You can design
Mr. Plummer: Well that's what he's saying.
Mayor Ferre: You're confusing the exams which is what he is
trying to say.
Mr. Andrews: There is two different examinations here.
Mrs. Gordon: Mr. Andrews, may I ask you a question? The way
I hear this is that Judge is saying that we have no particular
shortage of sergeants and no crying need for an examination
to be given in July. Is tIa t what you're saying Judge?
Judge Mc Creary: Commissioner that's what I'm saying. The
City's department has already abolished 11 positions for ser-
geant.
Mrs. Gordon: All right, if that be the case then why are we
rushing through some interim examination which does not meet
the specifications that we are desirous of having? That is
the only thing I want somebody to answer me. Why are we
doing that?
Mr. Andrews: May I answer that because I think it is an
administrative area more than it is in the Civil Service.
First, I would like to take exception to a comment that was
just made because again the record is going to reflect some-
thing that is not so. The positions that are eliminated
were eliminated in 1963. They are grandfather positions that
are documented by names of individuals and as these people
leave the City those positions are to become vacant. The
city didn't arbitrarily eliminate 11 sergeant's positions.
The second thing is that there is a need for sergeants. We
have sergeant's replacements come up on a basis of about one
every two weeks. Do you realize that? Once every two weeks
that goes by we have need for an additional sergeant to be
promoted from officer to sergeant position. If you let six
months go by, that's 14 sergeants. Now Mr. Paulk will ver-
ify that statistically.
37
APR 181974
• •
fudge Mc Crearyt Mr. c►issioner let me point out to the
City Manager if he would read Judge Roetger's order dated
March 29th will find that the court found that the City of
Miami has on previous occasions with two white officers,
a'irgeants Shelton and sargeant Yancy, put sergeants in act-
ing positions and let them so be there. Now we have no ob-
jectione to putting people in acting positions as sergeant
but the point is that if the City has that urgent need for
sergeant, let them make people acting sergeants. The city
has done it before and the court so found with sergeants
Yancy and Shelton and that was verified by Mr. Yates and the
executive secretary of the Civil Service Board.
Mayor Ferret Why didn't you say this before. We sometimes
have a tendency to spend too much time repeating things
over and over again. Bobby, you want to say something, and
then I want to say something.
Mr. Paulk: Yes, Mr. Mayor and members of the Commission, the
urgency is not necessarily just with the sergeant's examin-
ation and I understand what Judge Mc Creary has said that
positions could be filled on a temporary basis. Yes, there
is no question about that. There are currently 8 lieutenant
of police positions vacant. There will be sergeant positions
vacating over the next period of time. The seriousness of
the problem as I have indicated to Mr. Andrews and to Dr.
Bayer from the University of Chicago is that we're in a
dilemma that #1, we have a court order which we're attempt-
ing to comply with, in setting up an independent testing
agency to give and render an examination. Secondly, we have
not scheduled a police lieutenant examination since 1972.
1970 was the last time one was administered. A sergeant's
examination was scheduled prior to the partial final order
being handed down. It was scheduled for April 30, 1974. In
cancelling that and delaying that, there is a tremendous
morale problem not just with Blacks but with every one in the
Police Department as a need to want to exercise their right
to take an examination. The seriousness of it is that #1 the
City Attorney's Office has indicated that the district court,
The Federal District Court really lacks jurisdiction in the
question and if there is anything to that then the incumbence
of police officer positions and likewise the incumbent of
police sergeant's examinations can take us to court and de-
mand that an examination be given. We're attempting to avoid
any further legal maneuvering in this tress. We're attempt-
ing to facilitate the earlier examination of sergeant with
an independent testing agency who has been contracted to do
that and likewise to do so for the lieutenant's examination.
The people from the University of Chicago met with us last
week. They are vexed with a complex problem in that every
occasion that they've ever gone into assist an governmental
agency they have had the resources and benefit of people who
are on site to assist them in writing items for the examin-
ation. I refused and indicated to them that we cannot. We
are extracted from that process by the court order. We can
not participate in the writing of items for the examination
and assured them we would in no way give them that assistance
because we cannot. They asked us if we could recommend some-
one here locally who might be able to do that. I indicated
before the staff and before them that we could not. There
could be in no way any assistance from the Civil Service
Office, the writing of items for the police officer examin-
ation. The items that are written, the formulation of the
examination must be the total product of the University of
Chicago. If they want to engage someone in Chicago, New York,
The City of Miami who is foreign to our office and unbeknown
38 APR 181974
to us that is their chore to do so, but in no way can we
participate in it. I'm simply saying that if we don't do
it soon t fear another court suit directing that it be done
and we become a legal entanglement as to the rights of all
people.
Reverend Gibson: Mr. Mayor, I want to ask a question cause
you're going to be asking us to vote soon. I hope. You
know, it is always to have the lawyers from both sides pre-
sent. Mr. Lloyd, I once was in two Federal Courts for two
different cases and you know what I discovered? Dade County
right now, in the school desegregation suit, after all these
years, the court retained jurisdiction. I don't understand
haw I hear Mr. Faulk saying to me now that the Federal Dis-
trict Court doesn't have jurisdiction or can't operate,
can't give us some relief. Now you tell us, put your pro-
fessional record on the line. Jesse is here to answer con-
trary. Now what I hear is the issue may be joined by going
back to court. Please answer.
Mr. Lloyd: I think what Mr. Faulk was referring to was a
motion which we had filed contesting the jurisdiction of the
court. The Court in entering its findings of facts and con-
clusions of law has held that it has jurisdiction based upon
Title 42, Section 1981 and I think it also held, if my memory
serves me correct that it may not have had jurisdiction under
1983 but the court has in essence denied ---our motion to
dismiss and the answer is that if the court does have juris-
diction it can retain that. That is in the previous court
order to enforce compliance with this order. There is no
question about that.
Reverend Gibson: All right, then. Isn't it also true, tell
us, I have a son who is a lawyer. I didn't ask him about this
but I did go to law school one day, J.L., I keep reminding
you of this. Isn't it true that if they don't have, if they
can't get their relief in the Federal District Court they
could get their relief based on the Civil Rights Act in an-
other administrative branch which would even put you in a
worse position?
Mr. Lloyd: I think what you're discussing is
cedure under the 1964 act, as amended in 1972.
is what you're talking about.
Reverend Gibson: Right, so tell us before we
would be in a worse position, literally, so I
what the Commission ought to know.
the EEOC pro -
I think this
vote that we
think this is
Judge Mc Creary: Commissioner Gibson, if I could just point
to you the order signed by John S. Lloyd and Alan Rothstein
and a number of other people for the city signed on April 19,
1973. I read for you the last paragraph. The court retains
jurisdiction of this action for the purpose of enforcing the
terms of this decree and for the purpose of adding any defend-
ent whose presence in the court shall be necessary to effect-
uate such enforcement.
Mayor Ferre: All right, and Mr. Lloyd has concurred in that
he doesn't dispute what he said in April. Let me see if I
can sum this up and I think bring it to a head. Go ahead,
Dr. Fox and then I'm not going to recognize anybody else as
far as this item is concerned.
Dr. Fox: I just want to make it very clear that the cooper-
ation here in the City of Miami from the City Manager's
39 APR 181974
Office and the Civil Service Com iesion has been everything
that we could have asked and I've heard some concern express-
ed that we might have been influenced by someone here in
Miami to depart from the responsibility that I understand an
independent agency will have in helping to solve this problem.
I want to make that very clear and we are in no position to
determine the needs here in Miami as to whether you need pat-
rolmen, sergeants or whatever but our position is that we
want to respond to the needs of the department and if those
needs are urgent then we can implement an interim testing
procedure which does not have all the qualities of a testing
procedure which we ultimately hope to.develop but it will be
a procedure that is undertaken and consistent with EEOC guide-
lines.
Mayor Ferre: All right Jesse, what do you say to that?
Judge Mc Creary: Mr. Mayor, I suggest to the City that it
follow one of its long honored principles, One, the plaint-
iffs are not complaining about waiting a few months longer.
Two, the city has within its power of administration the
power to make acting sergeants. I won't complain about who
you make an acting sergeant. I'll make that now. I have
delt fairly but I'm saying that when we give the examination
you ought to be able to say to me, "Jesse Mc Creary, you had
a fair examination and we don't want to hear from you, it was
given by an independent agency." Let them make acting ser-
geants, they have done it before.
Mayor Ferre: All right ladies and gentlemen, let me see if
I can as quickly as possible in this complicated situation
sum up what has been said and where we are and see what the
will of this Commission is. In the first place, last year
at the beginning of last year the court ruled that there was
a problem in the City of Miami, that they did take jurisdiction
on it and they gave us a mandate to do certain things and
they placed the Manager responsible for seeing that the man-
date of the court be kept. Now we've moved, I think quicker
than was expected in some areas. For example, we did, and we
now have a Black major who has been appointed. Now on the
question which is what you're here to address which is the
way in which minority groups, specifically Blacks are able
to move up in the process of becoming officers, we were told
that we had to get some specialists and select them so that
the tests would be revised so that it would be fair to all
people taking these tests. We have since gotten the Univer-
sity of Chicago, we have selected them as our experts. This
has been acceptible to all parties. They are in the process
of designing some tests. Now some of these tests are going
to take three, four months. Others are going to take over a
year. Now as I understand it from the Administration's side
that we have a need. As I understand it today to continually
fill the vacancies that occur in sergeants. Now in addition
to that, Mr. Paulk has told us that there are 15 vacancies
for lieutenants, excuse me, 8. And that we have not had tests
since 1972 and that is creating a morale problem. Here we
have it, on the one side we have a question of racial dis-
crimination and a mandate by the court. On the other side
we have the physical need of the Police Department and the
citizens to have an upgrading continually of the officers so
that we can fill the vacancies of sergeants and lieutenants
because God knows that we need to have proper officers in
this community. As we have a turn over we need to fill those
vacancies. That's what the delimma is. Now you are asking
us on the one hand that until these tests are really complete
and meet the mandate of the court that we not have exams and
4U APR 181974
that we fill those vacancies with a temporary sergeant. On
the other hand we hear that we need to not only sergeants
but to create positions so that, for the sergeants tests
can be taken and we end up with lieutenants. This is what
the deiimma is. What we have to decide today is which one
of these two routes are we going to take. Are we going to
accept these tests on a temporary type of a basis as Dr. Fox
has said that he can expedite and quicken the pace where
they will not be perfect but that they will be sufficient to
meet the requirements of the law, and that is the key point.
Sufficient to meet the r.quirements of the law. Or are we
going to stop the process until we have perfection and until
we get tests that meet all of the requirements completely
which includes the books and everything else that is sub-
mitted.
Judge Mc Creary: Mr. Mayor, I am not trying to stop this
city from putting people in sergeant's positions. The city
has done it before. I think I would be naive and assanine
if I asked the city not to put anybody in a sergeant's posi-
tion.
Mayor Ferre: We understand, Jesse, you want it to be on a
temporary basis so I want to ask this question now. Can, or
Bobby you can answer this now,if these tests are given or if
they're not given and if sergeants are selected on a temporary
basis, can these sergeants be made permanent sergeants in the
future and can they in fact take the test for lieutenant at
the appropriate time?
Mr. Paulk: It's a two fold question that you ask Mr. Mayor.
#1, if there is an examination given on an interim basis
that would be a legal register from which people would be
promoted, not temporarily but in probationary status. #2,
In the absence of our ability to go ahead and proceed with
interim examination for sergeant and police lieutenant can
they be promoted on a temporary basis, the answer is yes.
Generally speaking, temporary positions are filled from reg-
isters. In the absence of registers those people who are
alleged to be qualified could fill temporary positions under
Civil Service Rules regardless of who that might be.
Mayor Ferre: Jesse, let me ask you, how would you recom-
mend that we select temporary sergeants? Arbitrarily?
Judge Mc Creary: No, you don't have to select them arbitrarily,
Mr. Mayor.
Mayor Ferre: Would you accept giving them tests meeting the
legal requirements of the law?
Judge Mc Creary: Mr. Mayor, there is a way. There was an
existing sergeant's list that died. Now there is nothing
wrong with going right back to that list and making•tempor-
ary sergeants. I won't fight with it.
Mr. Andrews: The disadvantage of doing that and to continue
that list is to treat those Black Officers and Latin Officers
who have a potentiality based on the Chicago examination to
be given of getting on a register and being selected. What
we're doing is filling more sergeant's positions from an old
register that wouldn't have the quality... -
Mayor Ferre: And that would defeat the exact purpose of
what we're trying to do to get more Black and Latin sergeants.
41
APR 181974
sludge M: Creary: But we're only talking about a temporary..
We're talking temporarily.
Reverend Gibson: Wait a minute, Jesse. Let me say this
Then you only have baeed,on what he said, based on what 1
heard, you only have one:position and that position is atop
the exam. STOP, that's right. Because if you don't want to
use the old list, you say that's, you know....
Mr. Andrews: That's a disadvantage...
Reverend Gibson: All right. Then it's a disadvantage to
give the exam.
Mayor Ferre: Stop the exam until when? That becomes the key
question. Dr. Fox, come here. Now tell us when. Let's see
if this satisfies everybody here including the judge.
Dr. Fox: There are three possibilities, the one which we
proposed earlier, and announced in public meetings. That was
the interim exam that would be conducted...
Mayor Ferre: That's not acceptable to Judge Mc Creary.
Dr. Fox: All right, but I just want to ennumerate three pos-
sibilities that we see. That was to implement that interim
exam which would be an exam based on content, reading content
backed up by an adequate job analysis.
Mayof Ferre: Ok, what's the second?
Dr. Fox: The second would be to implement an interim exam,
again a content valid exam but giving ourselves time to do
an adequate search of the literature and come up with a com-
pletely new reading list.
Mayor Ferre:
when you can
Dr. Fox: If
ion ready by
promised for
That's what he's asking for. Now you tell me
do that.
we did that, we probably could have an examinat-
early December about the same date that we have
an interim lieutenants exam.
Mayor Ferre: Now that's the problem gentlemen.
Mr. Andrews: But it is compounded because when they announce
the reading materials and they are new materials you've got
to give them time to study those new materials.
Mayor Ferre: You can't come out with the materials and ask
them to take the exam a week later. See, so we are talking
about the exam sometime in the early part of next year and
the question goes back, and I understand what Father Gibson
is saying, and what Judge Mc Creary is saying. The question
comes back is can this City of Miami afford to wait until the
early part of next year without any movement up of sergeants
and I'm talking about Black, Latins and everybody else. Now
I ask you this question because you're supposed to be here
advising us and looking at this. What would be your recommend-
ation, you understand this delimma.
Dr. Fox: Well, if we could wait for sergeants the ideal, of
course, would be to wait 16 months until we could perform an
adequate concurrent validation study.
Mayor Ferre: What is this City going to do without a movement
of sergeants into the system for 16 months?
42 APR 181974
Dr. Poxt Well, I think that you are forced into some interim
measure, one of these two methods.
Mr. Plummer: Jesse, let me ask you a quick question because
you know really, the same thing applies and we have to be
truthful with each other and lay the cards on top of the
table. I would be whole-heartedly opposed of making a man,
giving him a piece of candy and taking it away from him. Now
in the past the Chief has used the lattitude of when a register
was going to expire of making six probation type of men who
eventually would be given the positions. Ok? Now I see either
two ways and here is how I read it. If we stop the examinat-
ion really in fact, we stop the city as far as the progress-
iveness of the Police Department. Would it be possible,
knowing the intentions and good faith of this Commission of
stopping the examination, would the plaintiffs have any ob-
jection if the normal procedures, the reactivation of the
present register and make those men, I know you don't like
this but make those men sergeants. Now, in fairness to you
I agree, stop the exam. No question, ok? But I can't stop
it to stop the department. This man has to have people to
operate and I'm sure that between now and when that examin-
ation is given there is probably going to be six to ten men
made sergeants but I just don't see anything else that's fair.
Mayor Ferre: Let's get to the key question.
Mr. Plummer: Wait a minute, let him answer that.
Judge Mc Creary: Let me say in all fairness, Commissioner,
can I come back at two O'clock and give you a one word an-
swer, a yes or a no?
Mr. Plummer: I think that's fair.
Mayor Ferre: Yes.
Judge Mc Creary: I'll give you a yes or a no at 2 O'clock.
Mr. Plummer: Ok, so that we understand each other clearly.
Judge Mc Creary: I understand what you're saying.
Mr. Plummer: Wait a minute, where is Paul. Paul, I have
proferred, did you hear?
Mr. Andrews: No, I'm sorry, I was trying to talk with some-
body else.
Mr. Plummer: All right. I proferred to Mr. Mc Creary that
in fainess to everyone and this Commission showing good faith
that I concur with the examination should be stopped. Will
they agree to let the City reactivate the register which ex-
pired and fill from that register until the new examination
is given whenever it is ready. I've asked him will they agree
to that.
Judge Mc Creary: Mr. Plummer, I'm prepared to give you an
answer now.
Mr. Plummer: Do you understand the question and do you con-
cur that the answer is yes that you will be agreeable to it?
Mr. Andrews: No, sir. I will not. You charged me, and the
court has charged me in following what are reasonable guide-
lines to achieve what is intended and I believe that stopping
43 APR 181974
the exai ►inatioii process and going back for a register that h
hag been legally expired, going back to that list that wag
created two year ego prior to the court order is the wrong
thing to do. We've got to find some other solution to this
matter but going back to that is not following the intent of
the court order. It is not treating the situation fairly and
if I'M charged with this responsibility, I wouldn't agree to
it.
Reverend Gibson: Let me ask a question then that nobody is
putting on the table and it will make my ability to vote
very easy. Are there any:Latins on that list?
Mr. Andrews: I don't know.
Reverend Gibson: Are there any Blacks on that list? Let's
find out.
Mayor Ferre: Does anybody know the answer to that question?
Judge Mc Creary: I think the answer to both of Father Gib-
son's questions can be answered in the affirmative.
Mayor Ferre: All right, affirmative that there are Blacks,
there are Latins on that list, that's what the question was.
Reverend Gibson: Now Mr. Mayor, let me say something else
that's not on the table. Mr. Andrews in reluctant, we are
in a dilemma. We're trying to get out of it. Are you tell-
ing me that you don't want the certain people that are on
that list?
Mr. Andrews: No, sir.
Reverend Gibson: Now wait a minute. I'm trying to get out
of the dilemma. If there's Latins and there's Blacks and the
intent of the court is to have an upward mobility on the
part of racial segregation, allright, we're in a dilemma. We
say ok, there are some Latins there, get some Latins get some
Blacks. Now either that or you don't want the Latins or the
Blacks that are on the list.
Mr. Andrews: No, sir.
Judge Mc Creary: Mr. Mayor, I think the City Manager's pos-
ition would be a valid one if, if and only if no person on
that list had been promoted since the date of the order and
I think that gets back to Commissioner'Plummer's position.
Since the city has promoted from that same list since April
of 1973, I find wrong, the plaintiffs have not complained,
we have not complained about being promoted from that list.
Mayor Ferre: The answer is yes.
Judge Mc Creary: The answer is yes.
Mayor Ferre: All right, Dr. Fox, I want to ask you what to
me is a key question which is determine how I am going to
vote. If in the interim test, the question here, the whole
basis of what this is all about from the federal court on
down is discrimination, that's the one word. Discrimination.
Now, I want to ask you sir, the test that you can or would
design between now and July in compliance with what Mr.
Andrews wants to do, can you design it so that there is no
question oft discrimination in your opinion?
44
APR181974
Dr, Fox:, I don't think anyone can guarantee beforehand that
a teat is not going to be in some sense discriminatory. NOW
when we examine the results...
Mayor Ferrel Would you give me a yes or a no answer and then
give me the explanation because otherwise I'm going to get all
confused.
Dr. Pox: I could not guarantee you that it would not have
some selective impact.
Mayor Ferrel So the answer is no.
Dr. Pox: To that question yes.
Mayor Ferre: That there might be discrimination in the exam.
On the other hand, if you take until December can you tell
us that there would be no discrimination?
Dr. Fox? We would be much less likely to have a discrimin-
ation had we the longer time to prepare.
Mayor Ferre: Then are you recommending that we follow what
Judge Mc Creary has proposed today. which was that we select
from the existing list.
Dr. Fox: I feel that you might in some sense be vulnerable
given my interpretation of the court order but I'm not a
lawyer so that's just a subjective feeling knowing how EEOC
operates.
Mayor Ferre: All right, I'm going to bring this to a head.
Does anybody else have .. All right.
Mr..Paulk: Mr. Mayor, I think there is a very serious legal
question that needs to be answered. Relative to the extension
of the register which is now dead, it ran for two years and
under the ordinance which the Civil Service rules, it permits
an examination to be established for one year and maybe ex-
tended for a second and it was. The two years have come and
they have gone. The question of extending it is one that
should be answered by the Law Department relative to the ord-
inance requirements and I don't think that the Commission can
extend that register if it would be in violation of the ord-
inance or of the law.
Mayor Ferre: Let's get that clarified, Mr. Attorney.
Mr. Lloyd: Yes. There is no precedent for the reactivation
which is what this is of a Civil Service Register which #1 has
expired, #2 which has expired the second year...
Mayor Ferre: That wasn't the question. The question is not
whether there is a precedent or not, that's not the question.
The question is can we legally do it.
Mr. Lloyd: I would have to answer that I think not. I would
like to further time to study the matter but I see no prece-
dent under which you can. I don't see how you can do it. I
don't have a legal precedent that says I can't
Mayor Ferre: Well how long is it going to take for you to a
answer? I'm going to tell you my position so that we can get
on right with it. Now as far as I'm concerned, if it is legal
then I think I would vote for us to pull out of that old reg-
ister, if it's legal. Now if it's not legal then my position
45
APR 181974
is 'this, that we've got to move ahead and then I would recomi.
mend that Dr. Fox and the University of Chicago proceed with
making the beet exam that they can, that they take August and
September that we get that exam, that we get a new list of
people and we start appointing sergeants. Now that is my
position.
Sergeant Don Prince, President of the Miami Police Benevolent
Association: Mr. Mayor and Commissioners, I'm not here speak-
ing in my official capacity so the media will get it straight.
I am speaking as a sergeant of police and indicating to this
Commissbn that there is a suit that has been filed by the org-
anization of the Fraternal Order of Police encumbering some
number of individuals who:were on the last register that died.
The basis of their suit, if Mr. Lloyd might touch upon it, it
has been spoken to and about very briefly this morning and
that is grandfathered sergeants positions which, according to
the City Manager and you are fully aware of was indicated by
some sort of survey in 1963 to be abolished and in fact, indi-
fiduals were named by name that through the attrition of
somehow of leaving, or terminating the City of Miami that
these positions would be abolished. A city right now could
acknowledge a suit that we have filed against the city and
for those individuals positions to be re-inacted and put
back into affect which would at this time take 12 men and
put them as sergeant of police. There is a way to do some-
thing if we do have a dilemma. The city will have to acknow-
ledge our suit first off. It is illegal as the Civil Service
rules provide now, as Mr. Paulk has indicated to re-inact a
dead register of promotions in the City of Miami. I am not
an attorney but I think that Mr. Lloyd and others will find
and have to delay this to come back with an answer that you
cannot legally do this and I will also admit at this point
that if the city attempts to do this there will be more suits
entered immediately. Now there is a suit filed. I think if
Mr. Lloyd could touch upon this suit and create not only
these 11 positions that I speak to, but one position that
since and subsequent to the promotion of an individual who
was on the register that died, has since turned back in his
stripes. So there is a total of 11 "grandfathered" positions,
one position that was terminated by an individual who only
kept it for about two weeks. We have been talking about 12
positions but it carries further than that. If the courts
were to rule in our favor, they will re-establish some 30
other positions which are still grandfathered positions and
which are to be canceled out when they become vacant so the
city can regroup, I think restudy this in the next two hours
and come back with a solution to an immediate problem of pro-
moting 12 men off of that current, pardon me, the register
that died and be within the guidelines of Civil Service and
be within establishing good faith of not abolishing these
positions of which the organizations are asking the city not
to. Thank you.
Mr. Plummer: Mr. Prince, you're talking against yourself.
Mr. Prince: No I'm not.
Mr. Plummer: You're saying create 12 grandfather clauses and
put them back in order and then go back to a register that's
died and pull these 12 men up.
Mr. Prince: Mr. Plummer, the suit has been filed against
the city prior to the expiration of the register of which
we were talking to April 3rd. We filed the suit. Now if
the courts litigate this in favor of these individuals who
46 APR 181974
have asked the courts for seine relief then what the city will
have to do is re-establish these grandfathered positions of
Which will then come from the list that has been enjoined
that has subsequently died on April the 3rd. What I'm address-
ing myself to is if the suit is in favor of the members films
ing the suit you will have to make them anyway. This is a
way in which to at this point of establishing, the city will
not cancel or abolish the grandfathered positions in the CIS
of the Mian.i Police Department which not only takes in the 11
which have been abolished but will also take in affect some
other 30 positions that are going to be abolished and the
names are by name, and individuals are readily accessible,
the names are readily accessible by Mr. Andrews who has a
list of it. We addressed ourselves to this problem prior to
the expiration of the register and it was denied at•that
time and subsequent because of that action that we filed a
suit and if Mr. Lloyd would like to touch on that and indi-
cate that there is a suit in fact that there could be in fact
a way for the city to acknowledge something now and get a
dilemma not only of today but of those positions that will
be cancelled out in the future totalling some 34 positions.
Mayor Ferre: Sergeant, are there any Blacks or Latins in
that group?
Sergeant Prince: Yes, sir. In fact, we have one black sir-
ting right here, Otis Davis who would be promoted immediately.
I am not indicating that certain individuals would be promoted
but only those people who have by ranking scores indicated
themselves in positions on that expired register and they would
be promoted as have been in the past by taking the ones as
the vacancies occur.
Mayor Ferre: Are there any Latins in the group?
Sergeant Prince: The last individual to be promoted was
Alvarez and he is definitely Latin and I think there are
others that would follow within the number of positions that
have been vacated and that have been abolished. I don't
know by name exactly, I'm not that familiar with the regis-
ter. I do know that there are 11 positions and the one that
the man turned his stipes back in, 12 that could be promoted.
If there is someone here who has a register, they could name
off the names of which I really don't particularly care as
to who they are but if we are going to promote them there is
a way to 'do it legally.
Mayor Ferre: Inaudible.
Mr. Lloyd: Let me address myself to your previous question
there as to the question of reactivating an expired register.
What I thought I would find, and I have found, Part II, Sect-
ion I, of the Civil Service Rules which is an ordinance in
duration of the register provides that the register shall be
for not more than two years. The register has therefore,
legally expired. It cannot be reactivated. That is the an-
swer to that question. Now is there anything else that the
Commission would like to have me ---
Mr. Plummer: That's well and good to say but you know that
thing has been circumvented before and there is a precedent
set.
Mr. Lloyd: Now the circumvention, not necessarily a circum-
vention but the precedent of which I believe you're talking
about is where the City Manager by memorandum delays the
47
APR 181974
filling of a promotional vacancy....
Mr. Plummer: MO, just the opposite. Am I not correct, Mr.
City Manager that when the last list was to run out that with-
out vacancies existing six men were put up in a probationary
status and filled the vacancies as they came into affect.
Mr. Andrews: You're talking about the 9 people who were pro-
moted from the register to a temporary sergeant's position..
Mr. Plummer: Without vacancies?
Mr. Andrews: Yes, sir there were vacancies. You see the
vacancies were created 'through the lieutenants which we
can't fill and we're substituting the sergeants for lieu-
tenants. As a lieutenant's register is established the ser-
geants will move out of there and become lieutenants and we
won't have the excess number of sergeants that we have. We
substituted lieutenants for sergeants in order to promote as
many as possible.
Mr. Plummer: I'm speaking of the last register, not the one
that just expired. The Chief can answer. Chief, at the last
time that the register expired, what date was that, Mr. Paulk?
Mr. Paulk: It was in '72.
Mr. Plummer: At that time there was a precedent set of 6 men
as I recall who were made sergeants but no vacancies were
existing. Am I correct in that?
Chief Garmire: There was some sort of an arrangement worked
out between the City Manager and the Civil Service Board.
I don't recall the exact details. It was done without my ---
Mr. Plummer: Please, I'm not trying to place, but it was a
precedent set.
Mr. Paulk: Commissioner Plummer, if I may answer that. In
March, I believe it was around the 7th of 1972, prior to that
there was a request from Chief Garmire to the City Manager to
fill positions front the register for positions that were going
to become vacant following the demise of the register. I
would not permit those people to be promoted from a register
which was going to die on March 5, or 6, or whatever it was,
to fill positions that were going to become vacant upon the
retirement and separation of people following that date.
There was a tremendous hassle over it and as a result the
people that were in question had positions created of a temp-
orary nature by the City Manager and the Police Chief to fac-
ilitate the promotion of 6 people from the register prior ro
the expiration of the register, not after.
Mr. Plummer: We made the vacancies temporary rather than
the people.
Mr. Paulk: Yes, sir, that is correct. No, sir, the people
were put in temporary status Mr. Plummer.
W. Plummer: But they were made sergeant and not taken away
from them.
Mr. Faulk: That is correct.
Mr. Plummer: That's the precedent.
48
APR 1819744
mayor Ferret So what you're saying is that the precedent his
been established SO what Lloyd is saying -...-(inaudible)
Mr. Plu uner: No.
Mr. Lloyd: We're talking about two different things if I may
Clear this up. What happened was the register was not extend-
ed beyond the two years but temporary vacancies were created
so that they could be appointed within the term of the regis-
tei.
Mr. Paulk: That is correct.
Mr. Lloyd: So the precedent is for something else not for an
extention of the register past two years.
Mr. Paulk: And for further clarification, Mr. Mayor and Com-
mission, the temporary positions were built in at a later
date to the allocated positions in the Police Department and
became regular positions so that the people then evolved into
probationary status since they then became permanent positions.
Mayor 'erne: confusing subject and we've been on it
now for over three hours so I think we have to bring it to
a head. Let's vote on this thing. Now we've all heard,
ladies and gentlemen we've all heard -----(inaudible)
Judge, Mr. Paulk, Sergeant., the Manager and our attorney.
Now I'm ready for a motion. Mr. Lloyd, I understand your
ruling is legally we cannot use the register, the expired
register.
Mr. Lloyd: Yes,sir. The register is expired.
Reverend Gibson: Can't we have the exam, can't the people
get us an examination earlier than December? Can we do it
in October?
Dr. Fox: I really hesitate to commit ourselves to dates
without consultation with the rest of our team.
Reverend Gibson: How soon does it take you to get in touch
with your team?
Dr. Fox: I can be in touch with them by phone sometime
early this afternoon. However, let me say that in view of
the need of additional study on the part of the candidates,
if we develop a new book list which seems to be of great
interest to people here then it will probably take us two
and a half to three months to thoroughly research the lit-
erature just to get that announcement as to what the study
materials might be and then beyond that people will need
time to study so I think that if we do that procedure that
we should not anticipate having something in writing before
the early part of December, the latter part of November.
Mayor Ferre: Dr. Fox, ladies and gentlemen, I want to clar-
ify that this is a matter which has been in a Federal Court.
The Federal Court has mandated something and the mandate was
that this is the responsibility of the Manager. We cannot
here in the Commission ussurp that mandate. We cannot tell
the manager what to do on this. All we can do on this is as
a matter of policy state our opinion and that's all that I
ask this Commission to do at this time. I think we have heard
all the sides---- Is there a motion?
Mr. Lloyd: Mr. Mayor, it might be appropriate if I may
ti
49 APR 181974
interject that the notion would be express what your wishes
are in the n tion and instruct the City Attorney to prepare
the res*iution appropriately. Then we will prepare it and
Come back to you for review to make sure that we have it cor-
rect. You can study it and decide for passage later.
Mayor Ferre: A11 right. 1 pass the chair to the Vice -Mayor
and I want to make the following motion.
Mr. Plummer: May I ask a question of Bobby Paulk? Forgett-
ing about everything that we've heard of today, what was the
procedure or the normal time frame in the past from the time
that the material was announced until the time that the -test
was given?
Mr. Paulk: Essentially Commissioner Plummer, where there is
a drastic change of material it was attempted to make those
changes no less than 6 months prior to the projected date of
an examination and I'm speaking of vast change, not a simple
change of their very limited portion of reference material.
Mayor Ferre: I don't see any way for this city to wait until
October to have the new test and then wait 6 more months to
have somebody study it.
Mr. Paulk: That's not what I'm indicating, Mr. Mayor.
Mr. Plummer: I understand what you're indicating.
Mayor Ferre: I don't, why don't you explain it to me.
Mr. Paulk: What I'm saying is that when we normally know
that a register is going to expire at a given point that
there are certain perimeters at which the board does not
wish to make estensive changes in the resource material and
they can project that if a register is going to die in April
you can readily assume that 6 months prior to that which would
be October or so, that they wouldn't make any serious, large,
voluminous changes.
Mr. Plummer: You have answered my question Bobby. Dr. Fox,
when do you feel would be the earliest time that you could
announce the material for those in which to start the study?
Dr. Fox: I would say that we would need about two to two and
a half months to do the review of the literature.
Mr. Plummer: So in other words what you're saying is that
you could have the list of materials ready in three months
which then would only give them three months in which to
study. Under this motion.
Dr. Fox: If we were talking about late October, November,
something like this.
Mr. Plummer: All right, my next question is to the Chief.
Chief Garmire, from your standpoint how much serious damage
would it do to your department in your estimation if you were
not allowed to make sergeants for a period of 6 months?
Chief Garmire: I don't think it would appreciably affect
the operation of the Department nearly as much as the delay
in the lieutenants. We can live with that much delay so far
as sergeants are concerned.
Mayor Ferre: Could you live with 9 months?
50 APR 1 t3 i914
Chief C&rtira: WA could, yea air.
Mayor Xdrret Could you live with a year?
Ir. Plummert What aria we playing, a numbers game?
Mayor Ferret Yes, because obviously that we may just be talk-
ing, I thought that there was & need from what the Manager
• says. Nora if you're telling rive that there is no need I'm
withdrawing my motion.
Mr. Plummer: Now wait a minute, he didn't say that. Don't
put words in the inan's mouth. He didn't say he didn't need,
he said it wouldn't do any serious damage.
Mayor Ferret All right, I stand corrected that you feel that
no serious damage would be done to the department's function-
ing. Ok, now you said 6 months. Do you also agree that nine
months would be alright?
Chief Garmire: We can get along with 6 months but I would
hesitate about going 9 months if we can avoid it.
Mayor Perre: The point is that we do have to get on with
this thing.
Chief Garmire: Yes, sir.
I would like to point out
lieutenants in the Police
Mayor Ferre,: (inaudible)
•
There is no question about that.
also there is an urgent need for
Department. We are now
Reverend Gibson: Mr. Mayor, what I don't understand is that
with the Chicago firm and with two professionals, Mr. Andrews,
I want you to hear this because you seem to be the guy with
the monkey on your back. What I don't understand is that if
we have a firm that presumably will give us some intensive
attention along with two people on the scene, this is what I
just don't understand. Why can't we arrive at a solution,
along with the fact, Mr. Lloyd, I think you ought to say this
to us. Here are the parties involved who are agreeing. Now
Jesse isn't going back to court if he agrees and the only way
you can get back to court, you know, you have to be a party
to it. Now if we come here as agreed upon people to solve a
dilemma that we're here, why can't we find a solution? You
know Sidney Aronovitz said something a number of years ago
that I'll always remember -Where there is a will, there is a
way -you know I don't want to hear a lot of legal jargon in
this business. I want to find a solution out of the dilemma
that we're in. That's what all of us are struggling with,
and you mean to tell me that you are in Chicago and here are
two professionals on the scene and we aren't going to be able
to come up with a solution acceptable? Who's going to take
us to court if we all agree?
Mr. Lloyd: May I ? Within the provisions of the Civil Ser-
vice rules temporary appointments in the absence of a elgible
register, in the absence of an elgible register and wherever
the urgent reasons for the filling of vacancies in any posi-
tions in the competitive class the chief examiner may nomin-
ate a person . Inrother words what I'm saying is that
in the absence, actually I'm saying the same thing as Mr.
Mc Creary is saying I'm just reading from the rules that temp-
orary appointments may be made for a period of 90 days. Now
if that were the case I would assume--- If you wish to make
51
APR 181974E
•
a temporary appointment you may do so.
Mr* Plummer: Dr. Fox, 1 will ask you sir, from your expert
knowledge what you think based on new information or on new
materials what would be a fair time of study period for a
person to adequately prepare themselves for the examination?
Dr. Fox: I favor the longer period but since everyone would
be starting equally with a new, presumably new list of mater-
ials, I would think if,we could allow three to four months
that that should be an adequate time.
Mayor Ferre: --If you were to come out with the list in
July, that would be three months, wouldn't it?
Dr. Fox: Very closely.
Reverend Gibson: One other thing, you have two professional
educators right there. They can assist the people, -they can
help. There's nothing wrong with them assisting the people.
Dr. Toomer: I think we should lay it out here, the statement
that Mr. Faulk made that he didn't want anyone with any local
affiliation involved in the process of that test.
Reverend Gibson: Man that's hogwash. We're about to go to
jail if we don't go on. So what are we going to do, would
you rather see We've got to make a decision I think we
have to understand the intent. The letter of the law is one
thing but the intent is the other.
Mr. Plummer: Mr. Mayor, you don't want to maybe compromise
the difference. I'm only thinking about them being able to
prepare themselves. Would you maybe say until the first of
December? The only reason that I'm saying that, you know, I
just want these men to have fairness to prepare themselves.
Mayor Ferre: Now just let me tell you something now, if Dr.
Fox, and I make this committment here to you, if Dr. Fox comes
back in June or July and he says now look, I just can't do it
by October, then I don't think anybody here would be that un-
reasonable. I'm just judging by the way I operate my own
business. If I tell a man that he has $100,000 to do such a
thing he's usually going to go out and spend $120,000 before
he is through. I recognize how these things happen so I tell
him you've got $80,000. He says "I can't do it." I say well
that's just too bad, you do it. Now what happens is that it
won't cost $80,000 but it won't cost $120,000, it will cost
$105,000. All I'm saying is that I hope you can do it by
October. If you can't, I think we are reasonable people here,
ok?
Dr. Fox: I certainly feel much more comfortable with an early
December date and the reason...
Mayor Ferre: I don't want you to feel comfortable, that's
the point.
Dr. Fox: All right, but we've already committed to do a lieu-
tenant's examination by that period after much consultation
and I think we can do this other without question by Decem-
ber.
Mrs. Gordon: I would feel much better if we went for the
December date too.
52 APR 181974
Mayor Ferre: tet him come back in a month or two and say
that he needs More time. As far as I'm concerned I made a
motion and if you don't like it vote against it.
Mr. Plummer: Why, you know I'm trying to work a compromise
out so I can vote for the motion, Mr. Mayor.
Mayor Ferre: Well that's exactly what I tried to do was com-
promise and as far as I'm concerned that's the compromise
that I've come out with. Then if you don't like it don't
vote for it.
Mr. Plummer: All right, if you're going to force it that
way, Mr. Mayor, let me say that my negative vote will only
represent the fact that I feel more time to December 1st
will be better for the men to prepare themselves and that
will be my negative vote and only. Other than that I am
all in favor of the motion.
Mayor Ferre: I think the pressure has to be kept. We're
under mandate and I think it is important and I think these
people from Chicago have got to realize that we in the Com-
mission realize the urgency of this matter and that's the
only reason for putting October.
Mrs. Gordon: Discussion on your motion, you stated firstly,
that if it were legally possible to re -activate the register
then that of course, would be one approach.
Mayor Ferre: That would be the approach.
Mrs. Gordon: And if it is not possible then you are man-
dating the Chicago firm to have a new examination.
Mayor Ferre: Can't mandate, Mrs. Gordon because this is a
matter that only the Manager can mandate. We are just reco-
mmending, establishing a policy.
Mr. Andrews: There is one important area that you should be
aware of. I asked the City Attorney for an opinion as to my
role in this whole process and I would like to read to you
one paragraph which I think is important so that you have a
clear understanding of my role. It's not as dictatorialLas
I thought it should be when I first entered this whole matter.
"Paragraph 12 of the agreed order was not over looked in the
discussion. He's talking about a discussion that he conduct-
ed with his own staff, the City Attorney. "You will recall
that that paragraph provides 'The City Manager of the city
shall have the responsibility for implementation of all the
provisions of this consent decree', that paragraph recognizes
your position as Chief Executive Officer of the city and
designates you as the individual directly responsible to the
court for implementing the provisions of the decree. How-
ever, it does nothing more than designate you as the individ-
ual responsible for insuring that all of the requirements of
the decree are communicated to the appropriate employees or
agents of the city and that they properly discharge their law-
ful duties in connection herewith."
Mayor Ferre: All right, I think that puts another light on
it.
Mr. Andrews: Yes, sir.
Mayor Ferre: Ok, then that motion is a little bit stronger.
53 APR 181974
Mr. Andrewst Yes, sir. In other words I would Carry that
Out because you Concluded, and if the City Attorney advises
you that that is within the purview of the agreement and you
act on it then it is my responsibility to see that it is car-
ried out, communicated and understood by all parties.
Mayor Ferret All right, X aMmend my motion and make it De-
cember let. Father do you accept this?
Reverend Gibson: No later than, and the sense of my second
is, Mr. Paulk, if you find that anything is going wrong I
want you to run to us and to educate us over here.
Dr. Toomer: I just wanted to ask for clarification that we
are now being instructed to participate in whatever way nec-
essary to this particular.
Mayor Ferre: That's not in the motion. We'll speak to that
in a moment.
The following motion was introduced by Mayor Ferre who
moved its adoption:
A MOTION REQUESTING THE CITY ATTORNEY TO PRE-
PARE AND SUBMIT TO THE COMMISSION FOR CONSID-
ERATION A PROPOSED RESOLUTION DECLARING THE
POLICY OF THE CITY COMMISSION (1) THAT IF,
AFTER MORE THOROUGH LEGAL RESEARCH IT IS FOUND
THAT THE CITY CAN PROMOTE POLICE SERGEANTS
FROM THE PRESENTLY EXPIRED REGISTER, THAT REG-
ISTER BE RE -ACTIVATED AND MAT CANDIDATES FOR
SERGEANT BE PROMOTED FROM THAT LIST; AND (2)
?HAT IF THE CITY CANNOT LEGALLY RE -ACTIVATE
THE EXPIRED REGISTER THE CONSULTING FIRM FROM
THE UNIVERSITY OF CHICAGO BE REQUESTED TO, AS
QUICKLY AS POSSIBLE, BUT NO LATER THAN DECEM-
BER 1, 1974, FINALIZE, OR AT LEAST TO THE POINT
OF ACCEPTABILITY, A TEST FOR SERGEANT IN THE
POLICE DEPARTMENT WHICH MEETS ALL THE FEDERAL
REQUIREMENTS, AND THAT SAID TEST BE ADMINISTERED
IN ORDER THAT A NEW R'GISTER MAY BE CREATED
FROM WHICH SERGEANTS MAY BE APPOINTED.
Upon being seconded by Rev. Gibson the motion was pass-
ed and adopted by the following vote.
AYES: Mayor Ferre, Rev. Gibson, Mr. Plummer, Mrs. Gordon and
Mr. Reboso. NOES: None.
NOTE: Mayor Ferre resumes the chair.
Mayor Ferre: Now, I will recognize you.
Dr. Toomer: Mr. Mayor, I was just asking clarification rel-
ative to Father Gibson's point that we are being instructed
to participate with the University of Chicago in the establish-
ment of that test.
Mayor Ferre: As far as I'm concerned, the answer is yes.
Reverend Gibson: We want the job done and God knows if you
can help, I don't mean that you're going to structure the
exam, but if you can help the clients and get the readiness
let's go on with the job.
54
APR 1b 1974
Judge Mc Crearyt Mr. Mayor, let me just say that as t read
the Order this its only this agency that is responsible to
the COMMiesion.
Mayor Perre: 'that's correct.
Judge Mc Ctearyt Ok. Now I'm walking out the door, Commis-
sioner Plummer, I know you don't like to hear me talk but I
would juat like to announce with that agreement that Cohen
versus the City of Miami is now dead. We shall not appeal
the court's final order.
Mayor ?erre: Thank you Jesse.
Judge Mc Creary: I shall be back next week to see you though.
Mayor }'erne: Dr. Sanchez, two hours ago you wanted to be
recognized and now the time has come.
Dr. Sanchez: Thank you. I think I will be very qualified
as a police person, except for my age I could make it phys-
ically, stz:nding up without even one banana chip or one pota-
to chip. I just had a glass of water that Mr. Plummer gave
me and we certainly stood it up here.
Mrs. Gordon: Dr. Sanchez it looks like the women don't need
potato chips, I don't either.
Dr. Sanchez: #1 point that I had here is already clarified
by reverend Gibson because on Mr. Paulk's address he first
said and I quote him going back to the tape if you want to
that we were asked to work side by side with the Chicago
firm and then later on he contradicted himself and he said
he wanted no one associated with it. So now we have been
informed to help them if possible. All right, we shall give
them all the help they need from us if they call on us.
Mr. Plummer: Wait a minute, Mr. Mayor, come back here.
Where is Jesse Mc Creary, where is that hippy? I saw him
radically shaking his head no. Listen to this again.
Dr. Sanchez: What do we do, Mr. Mc Creary, do we help the
people of Chicago or don't we help the people of Chicago, we
want a final clarification from someone. What do we do?
Mr. Plummer: It is now clear that they are to help the Chic-
ago group.
Judge Mc Creary: Let's clarify that. Mr. Plummer, I'm a
hippy lawyer, a little sunburned but .'i still a hippy.
It's my understanding now that the only agency, that the
agency may solicit help if they choose, and I don't think
that the Commission nor r.he Manager has any power over that
agency, how they do that.examination. I will agree, that if
they choose.
Mayor Perre: That's right. Jesse, excuse me, it is almost
1 O'clock. Let me clarify it real quick. The Chicago group
has a mandate, alright? They've got an obligation to do some-
thing. We're looking to them. We're not looking to you, the
Manager, Dr. Sanchez or anybody else. It's their job. Now
we have two experts whom we have confidence in in the city.
All right. If they want to have input and if the University
of Chicago group wants to use them then that's fine but there
is no "mandate" that you be incorporated into this process
perse. Do you understand?
55 APR 181974
Ors Sanchez; Definitely, but we were given negative orders
by Mr. Paulk to stay away from anything that had to be done
withthe teat.
Mr. Plu riser: Unless you're invited.
Dr.. Sanchez: No: Never ever under any circumstances.
Mr. Plummers Is it now clear, Mr. Paulk that if the Chicago
group invites these two that they have the right to put input
in -if they're invited.
Mr. Paulk: I understand the Commission's reaction to that
question. Yes, that's clear but I want the Commission to
understand my clear understanding of the court order. That
is that the agency that is selected shall administer and
write that examination on their own. Insofar as that is con-
cerned they have extracted that from the City of Miami Civil
Service Board Office and at the same token, any employee of
the City of Miami will not be a subject to be utilized in the
preparation of the examination they are responsible for and
I will not withdraw from the position that Mrs. Sanchez or
Dr. Toomer will become involved in writing items for that
examination. And 'I want you to understand it too.
Reverend Gibson: Wait a minute now brother, you aren't
going in the spread in which we're operating. Wait. You
know, what I hear and what I think the Commission needs to
hear. The Commission isn't hearing what I hear. I'm sorry,
that isn't the spirit. You know we're trying to get a job
done. They're not trying to be the boss.
Mr. Paulk: That's what you think. That's what you believe.
Reverend Gibson: You see, the Commission doesn't hear what
I am hearing. Mr. Faulk, let me tell you how I operate the
Church under the Bishop. I have nothing to fear. The Bishop
can come in at any day and hour and I produce. He says Gib-
son let me see the record of Christ's Church. I say here it
is. Do you understand what I'm talking about?
Mr. Paulk: I do understand.
Reverend Gibson: All right. Let me make sure we're together.
I think that if we don't get the spirit, we're going to be in
trouble and if I had any advice to those plaintiffs, I would
say man you're wasting my time, and I don't want to get to
that point. I just want to make sure that the Civil Service
doesn't give us the idea that we've got a sacred cow.
Mr. Paulk: No, sir, that's not the fact.
Reverend Gibson: All right, let's make sure we understand it.
Mr. Paulk: What I'm trying to say to you, Commissioner Gibson
and to the rest of the City Commission is that we are not
to be involved in that examination. The whole structure has
been challenged in this suit. Simply because we have engaged
two additional personnel through the City Manager's Office to
work in the Civil Service Office does not give us any author-
ity to participate in the structuring of an examination and
that's the point I'm trying to make, Commissioner Gibson.
Dr. Sanchez: No, but I don't understand. (In response to an
inaudible question by Mr. Plummer)
Mr. Plummer: That's what I'm trying to say.
56 APR 181974
Judge Mc Creary: Con nissioner Plummer, let me say this. It
ie my understanding, Mr. Lloyd, would you agree with me? It
is my understanding that the city has an independent agency.
However that independent agency operates that examination,
it's got to be acceptable so long as we have not objected as
the plaintiffs which the court order gave us the power to do.
I don't want to get into a fight with the Civil Service peo-
ple. They've got their awn problems. You hired an agency,
we agreed t*ith it. Now however they do the examination is
all right with me.
Mr. Paulk: May I ask Judge Mc Creary a question? Judge, in
the way you reacted there, if the University of Chicago Indus-
trial Research Center should ask the staff of the Civil Ser-
vice Board to participate in the writing of items for that
examination would your answer be the same?
Judge Mc Creary: It wouldn't bs the same except that they
have assured me that they will not. I questioned this
gentleman yesterday. I asked him, is your agency respon-
sible for writing the examination? Let me make it short.
He told me, all that the Civil Service people will have to
do with that examination is maybe supplying the paper. Now
that's good enough for me.
Mr. Paulk: Judge, would you believe me if I told you that
last Wednesday that they did ask us to participate in the
writing of items for the examination?
Judge Mc Creary: I could believe that because we were talk-
ing about an old book list that the Civil Service people had
used. We're talking about a brand new book list, something
that they will develop for themselves, and I don't have to
answer that, ask this man here. This is the man to ask.
Mayor Ferre: Listen, we're not going to keep on this sub-
ject because I think it is amply clear so is there anything
that anybody has to add?
Dr. Fox: I would just 1::ke to speak to that last point. It
is true and in keeping with past practice we've been able to
solicit local assistance in the development of an examinat-
ion which we did discuss this with Mr. Paulk.• When he ad-
vised us of the sensitivity of the feelings here in the com-
munity we quite agreed with him that it would be inappropriate
so we have now assured everyone we will not do so.
Mayor Ferre: Thank you very much.
Mr. Plummer: The only other item I want to bring up before
anybody leaves here because to me it was an important thing,
Are we going to do anything or is the Civil Service, or maybe
some of the other people don't care about this random select-
ion? That to me is very important.
Mayor Ferre: I'll tell you, Mr. Plummer. I think that the
question of the random selection is a very complicated matter
because the more I heard the more I recognized that there is
a lot more to it than meets the eye immediately. At first it
sounds absurd, ridiculous and unbelievable but there is more
to it than meets the eye and I would like to do it this way.
Let's investigate it a little bit more. I want to talk to
Steve Kouchalakos so I can get the process explained one more
time. Now Steve, wait a moment. We're not going to decide
that today. You're not going to be selecting anybody in
the next two weeks and that is something that I want the
57 APR 181974
Manager, Mr. Andrews to schedule at the next meeting so that
we'll have two weeks to think about this and diaaues it and
1 want you, Mr. Paulk, to explain in writing the process again.
In writing. Now I think I understand it and 1 want to go
over it. I want to talk to you personally, I want to talk
to Mr. Kouchalakos on it and then if you'll. We don't need
to decide that today, you've got two weeks. If you'll
schedule it, Mr. Andrews at the end of the day.
Mr. Andrews: When you say two weeks, just for clarification.
Mayor F'erre: The 25th is when I mean. That's right.
Mr. Plummer: When is the implementation of that supposed
to start?
Mr. Paulk: You're speaking of the entrance exam?
Mr. Plummer: Yes.
Mr. Paulk: We've already given it.
Mr. Plummer: No, When are the ones that have been picked
at random, when are they supposed....
Mr. Paulk: In May. Now the exact date, Chief Garmire, Is
what? I'm not sure exactly.
Chief Garmire: The next class of the Criminal Justice Insti-
tute will start, I think May 3. I think by that time we
must have screened out, we're going to put between 25 and 30
people in that class.
Mayor Ferre: That will give you a week and a day.
Chief Garmire: That's entirely inadequate, sir.
Mayor Ferre: All right. Now, I'm going to go back to -Dr.
Sanchez and recognize her.
Dr. Sanchez: I'm exhausted by now having been standing here
and I don't want to keep your time any more. My question is
what is our next move, where do we go from here, what is ex-
pected of Dr. Toomer and me to do tomorrow?
Mr. Huttoe: Now wait a minute.' Let's all wait a minute now.
We're going to get back to the City Charter here just in a
minute. Now I have patiently heard over the radio a lot of
things and I think it had all better be put back in order.
Let's all get back to the.charter.
Mayor Ferre: I'll recognize you in a moment, Mr. Huttoe. Is
there anything you would like to add, Dr. Sanchez? Dr. Toomer,
is there anything tat you would like to add? Mr. Andrews, is
there anything you would like to say about this whole process
that we listened to this morning? Ok, does anybody in the
Commission want to address itself to any problems that have
been brought up this morning? All right, now Mr. Huttoe,
I'm going to recognize you, sir.
Mr. Huttoe: Mr. Mayor, all I want to, do is put things back
in the proper perspective. We seem to get into playing ball
games in a different park and somebody doesn't show up at the
right park with the right pitchers and the right umpires.
You know gentlemen, I happen to be the one Mr. Paulk and Mr.
Kouchalakos and the members of the Civil Service Board who
58 APR 181974
came to the City Manager, Mr. Reese at the time and express..
ed our desires to hire people to help us to, if there was any
bias inadvertently or advertently written into our examinat-
ions, those things be eliminated. To correct the situations,
to evaluate these examinations and Mr. Meese thought it was
a good idea and offered to help. Mr. Reese went about try-
ing to help us find somebody who would be qualified to do th
this. He contacted the people from Rooz Allen for their
recommendations. They made recommendations and other people
made recommendations. Mr. Andrews became City Manager, we
got with Mr. Andrews and I want to say this right here and
now. That I have not and I don't think the members of the
board or Mr. Paulk or anyone else that's connected with Civil
Service has received the cooperation that we have been able
to receive from Mr. Andrews. He has been most helpful, he
has met with us, he. has tried to assist us with everything
that we have done and to set up these things. Now we have
been kicked around for years, Mr. Mayor, maybe rightfully so,
I have not denied it.
Mayor Ferre: Who has kicked you around?
Mr. Huttoe: We have been kicked around in the press, we
have been charged by people who could not substantiate these
charges but I for one wanted examinations, I wanted that
staff. And we had problems down there and Mr. Mayor, and
all the members of this Commission, remember when Mr. Paulk
was put as executive secretary it was to correct situations
and charges. Commissioner Plummer, Mrs. Gordon, the situat-
ions that were developed and I will tell you and I think
Paul Andrews will tell me there is not a man that can meet
the integrity of this young man here in doing the job he is
doing and he has brought about a lot of corrections. A fel-
low who works in theCity Attorney's Office, the Assistant
City Attorney, who probably has the best background in City
Administration and Civil Service of anyone, Frank Weston,
other than Mr. Eddie Newbold...
Mayor Ferre: Mr. Huttoe, let me interrupt you for a moment
before you go any further because I want to make this state-
ment right here and now as far as Maurice Ferre, the Mayor of
the City of Miami and I think I can speak for everybody on
this Commission. Nobody and I say nobody, in these five chairs
has today or before today questioned at any time Bobby Paulk's
integrity.
Mr. Huttoe: And I'm not questioning his ability, sir.
Mayor Ferre: Or his ability, nobody has questioned his integ-
rity or his ability and I'm going to tell you something.
When I've got a question about his ability or his integrity,
you're going to hear about it but I don't want anybody insin-
uating or putting words in my mouth, or anybody else's here
that aren't so. Now, there have been some very serious charg-
es that have been brought up here today and were brought up
here at the previous Commission Meeting. Now', it is my re-
sponsibility and I'm talking collectively as the City Commis-
sion, the Mayor and the City Commission that when somebody
who is in the employ and a part of the administration comes
up with charges where they talk about improper treatment about
crude remarks, insults, information missing from desk drawers,
non-support, confusion of the role, excluded from meetings,
now „you think that we would be doing our job if we take this
and just tear it up and ignore it? Now that we're doing here
is that we are permitting for the sunshine to come into an
important part of the City of Miami. Since there is nothing
55 APR 1.81974
to be worried about then we should never fear sunshine, so
let the sufl shine in and if the sunshine doesn't reveal any-
thing that is wrong then we've got nothing to worry about.
Mr. Huttoe: Mr. Mayor, I don't fear the sunshine and that's
exactly why I went to the City Manager and that's exactly why
we appeared before this Commission when the board says let's
bring somebody in and let's see if we've been looking at the
trees and we can't see what's going on ourselves because we're
in the middle of the forrest. Let's bring someone in who
will help us. But in bringing ;people in we want it done in
the proper manner and in a proper light. And I don't fear
sunshine, sir and when people make remarks about people's
background, their color or anything else, anyone who has known
me over the years knows they have a tiger by the tail. I
wouldn't put up with it one minute, sir, I contacted the City
Manager and asked him if he was going in and investigating
this because he is the appointing authority where they be
classified or unclassified in this city and this Civil Ser-
vice Board will not put up by members of its staff or anyone
else when proper charges are brought against them either by
crude remarks or any other remarks and I directed Mr. Paulk
when I heard that, I said I want a complete report but I
want the report to go to the Commission first because it was
made before the Commission. Now gentlemen we can create and
cause investigations. We don't like to do it, we like to
Manager and we like Mr. Paulk and we like the Department
heads to do their own job but if we have to, we can set up
ourselves the same as you gentlemen can a committee to in-
vestigate. And we can subpoena and we can put you under
oath if anybody in the city refuses to tell us and I under-
stand from the newspapers and the radio Mrs. Sanchez would
not identify these people who made these remarks. I assure
you if she wants to continue in the employment of this city,
if this Civil Service Board decides to ask her under subpoena
she will tell us who did it and we will investigate it if we
have to. But it is not a good position for that board to be
in for us to be investigating something and then for us to
set as a judge later. That's why we asked the Manager to
investigate and the Manager assured me that he was going to
do so and I am sure he will anytime any charges or anything,
he will do it.
Mayor Ferre: Wait a minute. I'm trying to understand what
you're saying. You're saying that you don't want to put your-
self in the position of being an advocate and a judge at the
same time.
Mr. Huttoe: I don't want to bring the charges and then judge
on the merit of the charges. I would rather the City Attorney's
Office conduct an investigation with Mr. Andrews and Mr. Paulk
and bring it to us and charge these people.
Mayor Ferro: Mr. Huttoe, I want to tell you that I'm very
glad to hear you make that remark because one of the things
that has always bothered me, for example, in the Public Ser-
vice Commission, and when I was in the legislature I spoke a
lot to that, was that the Public Service Commission sits as
an advocate, as a jury and as a judge, and I think that pro-
cedure is wrong and I'm glad to see you make that statement
today.
Mr. Huttoe: Well, this is exactly as we want to and as I
say, Mr. Paulk was appointed by us, the members and he has
been reappointed by us to do a job and I will assure you he
has a moat difficult job. And I assure you that he will do
the job. Now in giving the examinations, now you know, I
60 APR 181974
•
was out sick this morning. I didn't even go in to my own
office and I've got to in a few minutes go take a deposition
against a suit against the city, or to give a deposition in
a suit. •So I did not come in but when► I was listening to the
radio and the things that were doming out on that radio Cer-
tainly Was not what was being said before this Commission,
was not was brought to the Civil Service Board and in the
case of the Police Officer Examination that was given here
just recently by the board, and what I'm hearing over the
radio, I don't even think that I was in the same city. But
gentlemen, if 1 may, and I don't know what was said here but
I certainly don't want to go away from here, Mr. Mayor with-
out at least in my mind that you gentlemen understand some
of the points that are involved. In this Police Officer Ex-
amination, I saw the examination once and I did not, I'll be
very honest with you, think it was a proper examination to
be giving but I'm not a professional, I'm a layman.
Mr. Plummer: Are you speaking of the new one or the old one?
Mr. Huttoe: The old one, sir. And this is why we asked for
these people to be appointed to help us with their profession-
al background. Now it was brought to the attention of the
board that the examination was being revised and rewritten
but revising and rewriting an examination that we would not
be able to evaluate that examination. Mr. Kouchalakos and
Mr. Paulk informed the board thAt this examination under pre-
vious and past and under also the guidelines, I think set by
the Civil Rights Commission, that we would have to justify
and evaluate this examination. And we asked them how to do
it and it was our understanding that Mrs. Sanchez, Dr. Toomer
recommended that we put everyone on the register as their
grade corresponded.
Mrs. Sanchez: Yes.
Mr. Huttoe: Now it was recommended and Mr. Weston from the
City Attorney's Office was contacted by Mr. Paulk, my under-
standing, and he helped giving legal advice as to the rules
and regulations our Civil Service rules and regulations, how
we might proceed to evaluate this exam. Now it was first
suggested to set it up in alphabetical order but with the
staff, Mr. Paulk knowing the results of this exam and sub-
mitting these people up on requisition to the Police Academy.
By this way, no one at the Police Academy would be prewarned
or 'psyched -out" about someone who may have been last in this
list of several hundred people but rather might he be first.
Now one of the responsibilities and jobs of the Police Academy
is if a person does not meet a satisfactory minimum then they
should be dismissed. In their probation they should be dis-
missed. Now this is exactly what we're trying to do. We're
trying to do the same thing that Dade County did about a year
and a half ago where they gave an examination in their Fire
Department and they put them right down in order in a list and
they took a man from the top, one from the middle and one from
the end. Now there were different suggestions made. I don't
know how they did it, I just heard it came out of a coffee
can. Illegally, that's what I heard, illegally.
Mr. Plummer: Not illegally. The inference ....
Mr. Huttoe: I'm glad you're correcting that for me.
Mayor Ferre: There is nothing to correct. Nobody ever used
that Word.
61 APR 1 S 1974
�r R
Mr. Huttoet Well I'm listening to this over the radio.
Mayor Ferret Well if you're listening to this over the
radio, unless you're telling me that somebody took the tape
and played around with it you couldn't possibly have heard
that anybody said that.
Mr. guttoe: 1 didn't hear a tape, I just heard a news cast,
sir. Several times.
Mr. Plummer: Let me set it in proper perspective so that
you will know. There was no inference that it was done il-
legally. There was inference that these people were denied
the right of access to the room when it was done. Now that
might be misconstrued that it was done illegally. They said
that they vent to go into the room with whoever was pulling
the capsulys or the beans and that they were denied the right
of entrance to that room. That was the accusation.
Mayor 'erne: J.L., I want to make a point here, excuse me.
This is exactly what bothers and concerns me. Can't you just
see the editorials that are going to come out about govern-
ment from a coffee can? And it isn't accurate because there
is a lot more to it than just that and that's why I am re-
luctant to come to a conclusion,on; it because you know the
flip way to put this is "government from a coffee can", sel-
ection of policemen from a coffee can and that isn't really
the way it is being done. I mean it is a long complicated
process that happens to be one of the ways in which this thing
comes about but it isn't, you see what I'm afraid of is that
it comes out on the radio that policemen in the City of Miami
are being chosen by somebody picking a name out of a coffee
can and that is not so, and that's what I'm afraid is going
to end up coming out of this whole thing this morning.
Mr. Huttoe: This is exactly my concern, Mr. Mayor. Whether
we use a coffee can, or whatever we use you know we are using
a very unfortunate choice of words. Yes, sir. But what we
are trying to do here is to justify as reasonably and as least
expense an examination whereby we can set a minimum score at
a future date that people who will attend the Police Academy
will be able to take the training and the teaching and under-
stand what is being done. It was the understanding of the
Civil Service Board that Dr. Toomer and Mrs. Sanchez recom-
mended this to be done and Dr., did you not go to the Police
Academy and Dr. Sanchez and Dr. Toomer will be the main peo-
ple to evaluate the results of these people in the academy
as against their position. With these people knowing the re-
sult on that written test, not people who will be training
them out at the Police Academy. Those people will be in a
blind. They will make their decisions on the response of
these people to the training and their ultimate results.
This is what we want. We want to be able to give an exam
that will eliminate those people who stand no possibility of
getting through the Police Academy at great expense to the
City, but we don't want to eliminate people and we don't want
to be charged anymore of eliminating people who may be qual-
ified for that Police Academy or any other employment of the
city and gentlemen, I think we have moved ahead under Mr.
Paulk and we're going to move ahead and I welcome sunshine.
I'm not afraid of anything because I believe in Civil Ser-
vice, I believe in it very strongly and if there is any bias
or if anyone is taken advantage of by this system I want it
corrected because it will not be true Civil Service if people
because of national background, color of skin or religion is
taken advantage of. The constitution of the United States
62
APR 181974
•
does not guarantee anybody employment with the City of Miami
but they guarantee that they will be treated fairly and equal
].y. I think this is what we want and if Dr. Sanchez or Dr.
Poomer have anything, crude words or reference to their color
or their background or their religion, if they will just let
me know, I will assure you that it will be corrected because
I don't think that anybody on that board, and we're made up
of many backgrounds on that board. We've got Greeks, we've
got a Black, and we have me, and Indian and I'll guarantee
you there's not going to be -I'm a Greek -but there is not go-
ing to be any racial background used, or religion or anything
else. I don't believe in it, I never have and I never was
taught or brought up that way. Now if they have any charges
and I don't think they can have any complaints against this
young man. There may be disagreements of opinion, they'll
have them with me and this Commission, and this Commission
has them with me, but this Commission never has dictated to
me and noone on this Commission in the past or this present
Commission has tried to dictate anything in employment to me
and I appreciate that and I thank you for the time allowing
me to speak.
Mayor Ferre: We're going to take an hour break in a moment.
Is there anything else that has to be said this morning?
Mr. Andrews: Mr. Mayor, it was brought to my attention that
there is one additional organization which you could hear
from this afternoon and I would like to read their very short
letter just so it is available to you. "We are appealing to
you again," this is Mr. Otis Davis, President of the Miami
Community Police Benevolent Association, "We are appealing
to you again to be placed on the next agenda for the next
City Commission Meeting which is to be held on April 18th.
Emphasis will be placed on the present system followed for
police applicant for the City of Miami Police Department,
the termination of applicants and the areas of greatest fre-
quencies regarding Black applicants. We would also like to
discuss the proposed giving of the sergeant's examination."
I think you ought to hear from them so that you might take
into consideration their requests. We could do that the first
thing this afternoon.
Mayor Ferre: All right, sir. Your name?
Juan Santos: I would like to ask Mr. Paulk and these gentle-
men right here. He says nobody really has been discriminated,
that's what I understood because of color, race or origin.
I'm from the Dominican Republic, I'm a foreigner completely.
I took a fireman's exam, I took a policeman's exam and I pass-
ed the fireman's, they told me I failed the police. I was
given a number and in the period of a week that number was
changed five times, up and down. Right now the number I got
is one number over what I was originally. Now how can you
explain that? According to the number he gave me -- 199.
Mayor Ferre: Do you know what he is talking about, Mr. Paulk?
Mr. Paulk: Yes, I have a recollection of what has occured.
Mr. Santos took the examination in July of 1973 for fire
fighter and I think that is the one you are speaking on.
Mr. Santos: Right, sir.
Mr. Paulk: All right. Being 198th, he was 198th on the reg-
ister for referal. Now in a class that was to commence Oct-
ober 5 or 6 of '73 we referred the first 80 as best I recall
63 APR 1 a 9/4
•
affd 78 of those people were proces8ed. We came out with
about thirty people, 1 think who went into a class in October
of '73 which two people indicated that they were not ready to
go to Mork and Under our rules, a person who is not available
for employment at the time remains on the register. That
dimifiehed by the total number 78, because the first 78 were
removed. tn the processing for the class that is to begin,
it began this past Monday we referred'the next 85 people in
order to secure 20 people and it has been upgraded to 28, if
I'm not mistaken to begin this past Monday. Now Mr. Santos,
in that process did inquire of the Civil Service as to what
his number was. Someone gave him a bad number. I don't know
who gave him the bad number with regard to where he stood on
the register at the time. It did not at any way ever change
his standing on the register. It was not relocated. It was
a fact that somebody gave him a number of less than what he
was if it was 78 removed from 198, he then is 78 less, I
won't even try to guess the figure, but it would be 78 less
and they told him that rather than being 100 or 123 he was
perhaps in:the 80, I don't know. Mr. Santos can address
himself to that. There were'several times at which he in-
quired as to where he stood on this. There are those occas-
ions where when we refer to 80 people that they are in pro-
cessing just as police officers are and we are not sure of
how many people are going to come out at the long end and re-
main on the register as fully qualified, ready to go to work
and it is just a period of time until all of them can go
through the entire processing so that we know which ones do
fully qualify. Mr. Santos was never referred because he was
never in the position of being within the first 163 that we
ultimately did refer for both of the classes.
Mr. Santos: May I ask a question?
Mr. Paulk: Yes.
Mr. Santos: Why, when I went on March 6th took the police
officer's, that lady gave me a number of 135 which would
have made me 215 which I'm 198, then minutes later when I
got home, no more than 30 minutes I called her and she gave
me 112. The day after I asked Mrs. Sanchez to find out about
it and she told her 119. Now you tell me, in a period of
hours, how could I have two different numbers?
Mr. Paulk: Mx. Santos, I don+t know about the Police Officer's
Examination.
Mr. Santos: I know I said the Police Officdr, I am asking
about the fireman.
Mr. Paulk: Well it is new my impression that you are now
speaking on the Police Officer's Examination.
Mr. Santos: No. I went 'and took the Police Officer's Exam...
Mr. Plummer: Mr. Santos, you know you can't expect this man
to stand here and rattle off to you everything that happened.
I would suggest, air that you go to him and let him give to
you the appropriate answers. If you're not satisfied with
his answers then come back.
Mr. Santos: I asked him in the last meeting and he says
sorry he wasn't aware of it and he gave me his apologies,
and that's all I got.
Mr. Planer: Well go back to him now and ask for answers.
64 APR 181974
M. Santos* 3 already sated him. He wasn't aware of it.
Unidentified speaker* Take him to the office with Mrs. Sanchez
and get it all cleared up.
Mr. Plummer* That's simple enough. If you're not satisfied
then comeback, sir.
Mr. Santos: I passed th`s Police Officer's Exam. I don't
want this because I spoke out, to hold that against me. I
have my fear, so, you know, nobody because I said something.
Mayor Ferre: Mr. Santos, pardon me, and let me say that I
admire your courage for coming here and speaking out. If we
had more citizens like you we would have less problems. I
want to thank you for doing it whether you're right or wrong.
I want to tell you that I for one am very grateful that you
have had the courage to come here and speak out and I think
it is the type of thing that we need. If there is something
that needs remedying I am sure that Mr. Paulk will look into
it and cane back. If not then you will be satisfied.
Mr. Santos: Thank you, sir.
Mayor Ferre: Thank you. We sill start at 2:30 sharp, now
J.L., I probably won't be here so please start the meeting.
,NOTE: MEETING ADJOURNED FOR LUNCH AT 1:30 P.M.
65 .APR 181974
NOTE: The Comsion reconvened for the aernoon session at 2:38
O'Clock P.M. with Commissioner Plummer, Gordon and Reboso. ABSENT
AT TIME OP RECONVENING: Reverend Gibson and Mayor Ferre,
2 pi km FOR .,PEOPLE _BOND.PROGRAM , TASK FORCE RECOIVEtiDATIONS
Mr. Andrews: The Parks Bond issue represents 39.9 million dollars
in expenditures.
The City Commission saw fit through the process of development of
the bond issue to appoint 9 District Chairmen and committees to
explore, and the 9 districts were established on the basis of the
Planning Board districts to establish a committee to review each
park within each one of those planning board districts based on the
allocation of funds for each district, the type of improvements that
those parks within the district should be provided.
That has been accomplished, the meetings have been held and the
hearings have taken place and I don't know if every district chairman
is present but if not they have appointed someone to represent them.
Mr. Howard will make the presentation to the Commission in reference
to this matter and then may call on the district chairman or as the
Commission might see fit, to respond to your questions.
Mr. Plummer: Let the record reflect that nothing has been given to
this Commission in advance of this meeting which I for one feel has
put this Commission in an unfair advantage and that I hope in the
future that this Commission will be afforded as normal procedure, 5 days
in advance, anything that is to be discussed at this meeting.
I don't think anybody is going to invoke the rule because there are
too many people here but I think it is unfair that we were not afforded
copies of this thing before the meeting.
Mr. Andrews: The reason for that was the hope that we could explain
through maps and the financial information that was available rather
than send you lengthy reports on each one of these, which can be done.
It will be done, to give you a verbal explanation of what is being
proposed.
Mr. Plummer: Well in other. words, what you are saying to me is you
are not asking for decisions today.
Mr. Andrews: It does not have to be made today i'' you do not choose -
Mr. Plummer: You didn't expect decisions, okay.
Mr. Howard, if you will proceed Sir.
Mr. Howard, Director of Parks and Recreation: Sometime ago, the
Commission did something that is unique in the anals of Park systems
throughout the country and that was when the people passed the 39.8
million dollar bond issue, was to actually bring it to the people to
find out what their basic needs were, what their desires were, as far
as parks recreational facilities were concerned.
This is what the Parks and Recreation Department did. We went out to
the people after the appointments were made by the Commission to the
9 Task Districts and they appointed a chairman in each district and
the task force was completed.
We met with these people at 9 hearings and prior to that there were
anywhere from 2 to 3 meetings with the chairmen of the task force
to go over all of the information available so that they could
determine what their basic needs were.
In return, in bringing the information out to the task force, we
asked them to act as a grass roots organization and to go into the
9 districts into each particular park and find out what the people
really wanted in that park to suit their recredtion leisure needs.
This is what the task force did, so when we had the final meetings
in each task force which started last October and ran through November,
the people submitted the recommendations from all the people that live
contiguous to any park in their district.
Also at the hearing, suggestions were made from the floor and taken
into consideration for the final recommendations to be made here
today.
66
APR 181974
•
These recommendations were then put together and once again we went
back to the tack :force to find out and make sure that what they had
given us was correct so that when we made those recommendations,
that they agreed with and concurred with those recommendations.
That is how they were formed. They were supplied with maps of each
particular area. They were given the amounts that could be spent in
that particular area and all of the information relative to that park
and district which would make them cognizant of how this money was to
be spent and it would be spent for what their particular needs were.
This is a report, from the people, as I feel it belongs -
Mr. Plummer: Now so the record will be clear. These are the reports
and the suggestions and the recommendations solely of the people.
In no way has your department overridden, the recommendations of the
people. Is that correct? Do I understand that?
Mr. Howard: Yes, we gave the information and I am going to call on
each chairman later to concur with the report or to answer any
questions you have or say a few words for their district.
Mr. Plummer: Now you have afforded to the people, some papers and
I yet don't have them.
Mr. Andrews: Let me show you 1 volume of these papers.
Mr. Plummer: Well I was shown, before this meeting started, a sheet,
a condensed version of what every, Mr. Wayne ALlen, thats it.
Thats the condensed version. We don't even have that.
We are only supposed to approve the money, that's all.
Mr. Howard: May I continue?
Mr. Plummer: Sure would be nice. Don't confuse me with the facts -
Mr. Andrews: Well I didn't want to distribute these to the Commission
and then have you looking through all these documents while the
presentation was trying to be made to you and follow the presentation
rather than the document form. You will have an opportunity to
review this.
Mr. Plummer: Yes Sir, I understand.
Mr. Howard: I would like to thank some people that helped me with
these presentations and helped with•our task force meetings and that
was the Planning Department who put together the slides for us and
the Public Works Department who participated with the Parks and Rec-
reation Department at each and every one of these task force meetings.
I would also like to thank the administration for their support and
the Commission' members who attended a great number of the meetings
to give input also to the people. This was a real program where
everybody was involved and I think it was a tremendous success.
There is a chart as to what the people voted for for the bond program
totalling 39,889,500 and this is broken down into 9 districts where
you see the amount allocated on each particular district from 556 thous-
and down to 3,145,000 . There are a total of 86 parks within the
City of Miami and this bond program is affecting 71 parks either
through development, acquisition, or development and improvement
for each particular park, so it is a vast program and you can see
the input that was necessary into these task force meetings and
also the amount of work that these volunteers did in getting the
people to develop this program.
I would like to go over one thing before the actual report from the
people and that is the initial resolution that was passed sometime
ago, was on 28 million, 350 thousand dollars on the first sale of the
bonds. It was 17 areas throughout the City and these were the first
areas to be done in that sale of bonds.
67
APR 181974
In these particular areas, some of them have been started and
Boma Of them almost Completed and some of them underway.
The first one was the Si -Centennial Park in District #6.
SiiCentennial was approved for 15 million in the first sale of bonds.
As you know, the building is going on now on the old port property
and that is well under way.
=tithe meantime there have been other incidents that have held a
moratorium on the report from Mr. Stone, but that program is underway
under the first sale of bonds.
The Ball Point property also of course was under the first sale of
bonds but again that has been withdrawn because the amount of money
was so great to purchase the land.
Also in the first sale of bonds was the Downtown River Walkway and
that is partly in H.V.D. and they are also now have condemaned land
and that is also underway in this particular area along the River.
The Bicycle Path again is underway. We have ou p path in Wainwright
Park, some park will also eventually be connected up.
The rest of the bicycle path also is under the first sale of bonds
in the amount of $50,000.
Dixie Community Park was included in the first sale of bonds. Dixie
Park, the land was dedicated by H.U.D. so we have the land now avail-
able to go ahead and utilize the $300,000 appropriated for Dixie Park
and also in District #5 was the Dorsey Neighborhood Park and we are
now in the progress of trying to get some land in Dorsey that is
contiguous to the existing park to make the park almost twice as large
as it is now and there was $100,000 for Dorsey in the first sale of
bonds.
Dr. Martin Luther King Boulevard, there was 2 million for that in the
first sale of bonds on 62nd. African Square, Tacolcy Center -
Mr. Plummer: Whoa. Why are you includinc[ the African Square in
the Bond Program?
Mr. Andrews: 2 things have occurred as far as African Square.
One is the program of tearing out African Square which means the
implementation of a park concept which you approved in revenue bonds,
revenue sharing funds.
2 million dollars has been provided for the Martin Luther King
Boulevard and this is one of the areas where funds will be spent
from those 2 million dollars to acquire property and develop the
park peripheral to the boulevard development.
Mr. Plummer: But in no way are we allocating more than the 2 million?
Mr. Andrews: Well you are allocating more than the 2 million dollars
Mr. Plummer: From the Bond Issue?
Mr. Andrews: No more than that from the bond issue but recognize
that you have appropriated funds from the federal revenue sharing
funds to begin carrying out the operation and implementation of the
African Park after it gets underway.
Mr. Plummer: Just that the people themselves, the M.L.K. Corporation,
came here and asked that the money be designated for acquisition under
the bonds.
Mr. Andrews: Yes.
Mr. Plummer: Okay.
Mr. Howard: Also under the first sale of bonds was the Edison proposed
neighborhood park around 57, 58 of the old property.
We should be aware that when this bond proposal was made and now to
carry it out, the inflation of cost of land is almost exhorbitant and
the monies that are expended for the purchase of land in some cases
are going to leave us without money for development and I think this
is a fact that we may have to face perhaps, that we may not have
enough money for all of these lands to complete the program so we do
have a problem now because the estimates ethat were made years ago
are not exactly the appraisals that are coming in today.
68
APR 181974
We should take this under consideration.
Mr. plunmer: Wait a minute. Let me stop you right there.
Mr. Andrews, what good is this City COmanission going to accomplish'
to buy for the people, a weed patch?
t'm Berry, I was beitq humorous. We are going to buy the property
and its going to sit there and we are not going to be able to do
anything with it. Now is that what I understood you to say?
Mr. Howard: i am saying that if the increased values of the land
are the same or increasing rapidly as they are, our monies that have
been allocated may well go for the acquisition and in some cases be
less without funds for development unless we re=evaluate some particular
areas for these parks.
Mr. Plummer: Let's use a little common sense and common sense says
don't buy as much property but at least we will have monies left to
utilize what we buy.
Mr. Andrews: But remember now. You can say that as a City Commissioner
and I certainly will follow that but you appointed a committee and
these committees have studied this at length and have gone into land
acquisition, improvements, and the wisest possible expenditure of
these funds and set the priorities. Some of these parks needs to be
expanded
-Plummer: What -you- are._th n telling me Mr. Manager, is that these
people--are-in concurrence with buying property that will newer hmvn
sufficient funds to improve & that's what they are in concurrence with?
Mr. Howard: No, I will get on the recommendations later. I was just
making a statement now that as we find the values of the land, that
it is going to be difficult unless we re-evaluate some areas as how
we purchase this land and where but we should be aware of that now.
Mr. Andrews: Excuse me so there is a point made here. How did the
Commission propose that we develop Wainwright Park?
Mr. Plummer: If you want to get into one of the sorest subjects
other than the end of Kirk Street, then use that as an example -
Mr. Andrews, look, we can't afford to buy property and have it sit
there and not be utilized. That's the point I am making.
Now, if that's the case, let's don't buy as much property. Buy what
we can but make sure its going to be utilized. That's the point I am
trying to make. What good is it for us to own 12 pieces of property,
with no money to implement them as parks? '
We are only going to have weeds and more problems.
Do you see my point?
Mr. Andrews: i understand your point but somewhere along the way,
you are going to have to evaluate the wisdom of acquiring property
recognizing that you are now always going to be able to develop it
immediately and that development will come. The first thing to
consider is to have the property to properly develop the park in a
given neighborhood.
Mr. Plummer: Do you see the title on the top of that blue sheet?
It's not to acquire property. It's Parks for People.
Mr. Andrews: Well lets use Kennedy Park or Wainwright Park as an
example.
(Inaudible comment)
Mr. Andrews: Let's use Kennedy Park as an example of acquiring
property and not having the 2 or 3 million dollars immediately
available to develop it and I think that the Commission has the
point of acquisition when we faced the reality of acquiring that
property and recognize that we wouldn't have the money to completely
develop it but we secured the property, opened it up, removed the
weeds, put some simple grass and a few trees on it, and we would be
able to maintain it as open space for recreation for awhile as the
city accumulated the funds necessary to develop it, we would begin
developing it. One of those early stages is the installation of
lighting, restroom facility
69 APR181974
at that location and you personally have expressed yourself publiclly
that you mould like to see tennis courts installed and that
eventually, probably will occur but it's not going to occur in the
nett year or so.
Mr. Plummer: This was something that was brought to me by my
neighbors who enjoy that park who would like to see tennis facilities
there. It was not my personal situation.
What you are telling the is that the acquisition of property is going
to be made under this proposal, that really it's going to be nothing
for the present but a passive park.
Mr. Andrews: Well I am not sure until we get into the actual
acquisition and see what funds are remaining to go ahead and do the
balance of the park.
Now that only occurred in a few instances.
What Mr. Howard has stated is not the example that is being used
for the development of the park system through the Parks Bonds Issue
there are some areas where we will be acquiring property that will
take the lions share of the funds that have been allocated for that
particular park.
Mr. Howard: Another park under the first bond sale was Moore Park
and again the new task force, installed their lights and other
facilities and that is almost completed.
Also Dinner Key, Bayshore area and here again the David T. Kennedy
Park where the first sale of bonds was $750,000 to acquire more property
in this particular area.
Another park was Grand Avenue and you are all aware that the smokestack
came down a few weeks ago and here we only have $56,000 that was
allocated under the bond program for Grand Avenue so there isn't too
much that we can do at Grand Avenue at the present time.
We want to develop and enlarge the park and make it a beautiful area.
Wainwright Park was also under the first bond sale and here we did
acquire the property and the park is open. Again, we would like to
develop this and we will.
Riverside Park which is under lease of course to the school. They
are operating a program and that was under the first bond sale for
$75,000.
The Latin Community Riverfront Park, we are now in the process of
trying to purchase land there and that was under the first bond sale
for $875,000.
Wyndwood neighborhood park, is almost at completion now and was
allocated $135,000 and over there we have improved and renovated the
entire building and put the basketball courts and improved ligh..ting in
and made a very nice park.
In most of the areas of the 28 million allocated in the first bond sale,
quite a few of them have been started. Some of them almost completed
and others: are underway.
This was the first part of the bond program.
Now, the people's recommendations in reference to this to break it
down to 5 points of what they felt overall that;
(1) There is a need for better police protection within the park
including the possibility of setting up a parks police force.
(2) Public participation of park planning should be a continuous
process. I think what they mean here is after we went to them
the first time with a presentation, they came with a recommendation
and we have gone back to them.
Once again, when we go out to develop these parks or before we
go, we should participate with them again.
It should be an on -going thing. That we shouldn't drop these
task forces and the people input now, we should keep them going.
(3) Do not acquire additional parks unless staff is provided.
(.4) Work closely with the Board of Public Instruction to develop
School Park agreements.
(5) The expenditure of the bond funds for park acquisition and
development should begin immediately.
Now these are the 5
task force meetings
particular park,
basic recommendations that came out of all the
beyond the improvements they recommended at each
70 APR 181974
Under the first sale of bonds, there was $56,000 allocated for
Grand Avenue and that was the park and that wasn't considered
that the stack was coming down that we would be enlarging the
park so we have 56,000. We have no additional money now to go in
there and make improvements unless more money is put into Grand
Avenue*
(Inaudible comments)
Mr. Howard: $56,000 unless we re -allocate or get additional bond
monies to go ahead and do what we should do in that particular park.
We are now -the Commission did pass a resolution to attempt to get
an architectural competition to find out what we could do with the
park where the smokestack was. This would be the next step to get
a plan done for it and then to get the money to develop the park as
it should be but under the entire bond program of 39 million, only
56 thousand then was allocated to the program for Grand Avenue.
(Inaudible comments)
Mr. Andrews: May I assist in that. At the time the decision was made
to allocate $56,000 for that park, it was planned to keep the park
much as it is and the $56,000 was to improve existing facilities.
Since that time, the incinerator site has been changed in its potential
use and that is another matter that has been added to that particular
park and that is being treated separately and the Commission has
allocated an additional $60,000 as a result of a settlement as to the
design of the incinerator and that money when the City finally receives
it will flow to that account to assist in the development of that
particular site. It won't be enough but will be a point of beginning.
The City Attorney now informs me that we have received the $60,000.
Now we have an expanded park program and it will have to be added
to that to properly develop it.
(Inaudible comments)
Rev. Gibson: Not only in use but even in acquisition. What I am
saying is, somehow or other, we have to make some adjustments on
Grand Avenue. You have a problem on Grand Avenue that nobody is
paying any attention to.
Some of those lots are 25' wide and I doubt 100' deep. That not only
presents one kind of a problem but maybe two or three.
I think that in addition to talking about the $56,000, you need to do
some other thinking.
Let me put it another way.
If you go on Grand Avenue from Douglas Road to Jefferson, you have
one width of a street.
Mr. Andrews: That's a long block in there.
Rev. Gibson: On Grand Avenue all the way down to Jefferson.
You project out into the street one property line and another at another
point, follow me? Coral Gables established their street line on the
north side of the street from Douglas Road to Jefferson.
It seems to me that since we are talking about renovating, remodeling,
acquiring, that maybe the city might want to send its staff our there
and take a look. HUD had funds that maybe we could induce them to
do some things with us. Don't lets worry about what those things are,
that's for the professionals are for and I would like to see that they
help
Mr. Andrews: I think we should evaluate this very carefully. There
are some other things that are happening there, and send you a digest.
for instance, Mr. Grimm just informs me of their request in working
with the County to get that road widened all the way to U.S. #1 as an
example of one thing and I think it all needs to be evaluated at one
time in relation to the park picture.
Mr. Howard: To continue with the Parks for People report now, we
would like to call on the -each district person to evaluate the
recommendations in that district.
- 71
APR 181974
Let me say again, 1 appreciate all the work that has been done by
our task force chairmen, their co-chairmen and all the people
involved. They put a lot of their own hours into this in going out
to the parks, getting people together and coming in with the
recommendations so we certainly do appreciate it.
District 1 was chaired by Mrs. Grace Rockafellar.
Mrs. Grace Rockafellar:
District #1 Thank you Mr. Howard and members of the Commission.
I am Grace Rockafellar, I am chairman of the peoples bond program
for Parks for People in the northeast area.
Now with the help of my co-chairman and in cooperation with the
parks department, we did organize a task force from every community
composed of citizens from every community in the northeast, in the
area of the park.
We held many many public meetings to get the input of the citizens
of what they actually wanted the bond monies spent for in the parks
in their area.
We forwarded our recommendations to the parks department. we
understand that they have been approved.
I would like especially to call your attention to the Legion Park.
I don't know how many of you have been out to the Legion Park to
look this over. I know Reverend Gibson has been out there and if
you find that the Legion Park, the whole west end of it are covered
with trees which are very beautiful and they add to the scenery of
the park and furnish the much needed shade for the people that just
want to relax or to picnic in the park.
Now the only open space we have in that park is the northeast and the
southeast in front of the building.
There has been 3 projects that the people there want very badly that
this open space has been designated for.
The very area we had a request here for last week is where the boat
ramp is going in.
We will have a large boht ramp there and we have to have enough
space, open space there for the cars to come in, park their boats and
trailers, leave their cars and trailers, while they enjoy a day on the
water in the boat.
Next to that in open space will be a putting green. We have had many
many citizens and as you realize, we have designated this as an adult
park. We have many senior citizens there that enjoy our shuffleboard
courts that are in operation now. They want this putting green and it
will take up a good portion of this open space. THEN to the south of
that, we have had requests from about 80 senior citizens who like to
play Bocci. They want Bocci courts in there. I think it involves
rolling a ball on the green, it originated in Italy.
This will not only entail the Bocci Courts, the putting green courts
and the boat ramp, but we will have to have benches or chairs of some
kind to accomodate the spectators that watch them play and also the
people to rest in between. The people that play this game are quite
elderly and they do enjoy this and I thought it was very necessary to
point out that every foot of the open space in the Legion Park has
been designated for a purpose, for the people, out of the Bonds for
People Program.
We have, in our requests out there, we have eliminated the more
expensive projects. We eliminated a swimming pool, tennis courts,
because this is an adult park and we find that many many senior cit-
izens do go there.
I would also like to bring to the attention of this Commission, another
thing regarding Legion Park.
We showed this to Father Gibson when he was out there looking over
the park that the Palm Bay Club entered into a contract, we understand
with the City Manager and I believe it was Mr. Reese at that time.
Now they asked permission to take down part of our fence and part of
our seawall to enable them to get their heavy equipment in there and
dredge around their building. As we understand and I THINK you will
find the agreement in the files on it someplace, but the agreement was
they could remove a portion of the fence which is a large portion, a
portion of the seawall, in order to get their equipment in and when
the work was completed, the seawall was supposed to be replaced. The
fence was supposed to be replaced and all the landscaping that was
ruined with the heavy equipment replaced.
7�
APR 181974
Now, that work was completed months ago. Part of the seawall is
Still lying up on the ground and the fence is rolled up in two different
areas and there has been no landscaping done.
We would appreciate it if the City Commission or whoever is in authority
in this capacity, this has been reported to the Parks Department and
when 1 checked this day before yesterday, still nothing has been done.
If you would see to it, we would' appreciate it, to get this seawall
back, the fence back and the landscaping back.
Our Task Force recommendations have been approved by the Parks Depart-
ment and we would certainly be very grateful if they were approved by
the City Commission.
Thank you.
Rev. Gibson: Are we relatively sure they are going to do this work?
Mr. Andrews: Yes Sir, you can be sure of that. You can count on it.
Rev. Gibson: Can those senior citizens hope for that to be soon?
Mr. Andrews: Yes sir, we will look at the agreements and see what we
agreed to and make sure that we and they will both live up to what was
said.
Rev. Gibson: Thank you.
Mr. Howard: Our Task Force Chairman in District #2.
Rev. John R. Brabham
District #2: Thank you Mr. Howard and members of the City Commission.
We have shared together over several months in working on this comm-
ittee and members of my committee on this have been Mr. & Mrs. Dennis
Inc Donna, Mr. Everett Koury and Mr. Richard Shelfer and Mrs. Annette
Eisenberg. We submitted a report to the Parks and Recreation Department
concurring with the recommended improvements that are listed in the
Parks for People Dlstrict #2. There were some things that we suggested
however and one of them was the idea or the possibility of entering into
agreement with Grace Methodist Church in using part of their facilities
as well as the City purchasing part of the adjoining property and
entering into an agreement to work together for a park in the Little
River area.
I notice here under the revised bond allocation, the Edison Center
has received an additional $67,000 over and above the allocation,
whereas none of the other groups have received additional money.
I just wonder, if these are funds coming from other sources or what
the explanation is on this particular item.
Mr. Andrews: I would have to ask Mr. Howard if there were more monies
added in this. I don't think they are. What has occurred is that,
lets use District #2 as an example. 586,750 from the original commit-
ment of expenditures for all those parks that are located in that
district which would represent 586,750 as a result of the public's
wishes for improvements in the various parks, that total sum has been
re -allocated to the various parks depending on the kind of programs
to be carried cut. While you see a change or an increase in one,
there may be a decrease in others. Mr. Howard?
Rev. Brabham: I don't see a decrease in any of the others.
Mr. Andrews: Is there any change in the total number of dollars that
was allocated to District #2 under the bond program?
(Inaudible)
Mr. Andrews: Well then will you explain that additionally?
There apparently is a question here about the balance of the parks
not being changed in dollar allocations but yet there is an increase
for Edison Center of 60 some thousand dollars.
73
APR 181974
Mr. Howard: There was no increase. i am going to have to check that
out in the figures, but we did not increase it by $60,000.
(Inaudible)
Mr. Howard: That was the sum of the revenue sharing funds that were
given to Edison Center.
Mr. Andrews: All right, then there is an addition to-
Mr. Howard: Not from the bond money.
Mr. Andrews: But there is an addition to the program insofar as the
improvements at Edison Center are concerned. It's funded from 2
sources.
Mr. Howard: Yes but we did not change any bond money but that was money
the Commission gave to Edison Center 'for the improvements there,
not from the bond program.
(Inaudible)
MR. Howard: Well it shouldn't show under the bond money. its an error.
the additional monies came from the Revenue sharing funds.
Rev. Brabham: If this is the case, then I think this needs to be made
clear to our committee and to other persons who are working in various
committees on this parks for people program.
Now it was mentioned earlier, the recommendation of our committee in
most instances concurs with the recommended improvements in the various
ateas that were submitted in the District #2 recommendations.
This was the one question that I had in mind, was the additional money
that was used for Edison Center.
Now is there yther monies available other than the bond issue or is that
beside the point this afternoon?
Mr. Andrews: Yes Sir, that is very much beside the point.
Rev. Brabham: A11 right, now the proposed Little River Park is the one
that there seems to be some question about concerning entering into a
relationship with the Grace Methodist Church and using some of their
facilities as well as a playground already established by the church,
and the recommendation was that the City Commission purchase additional
property adjoining this and use it for the expansion of the park for
the proposed Little River. This is a different location from what is
in the booklet here but it seems that the area in that particular area
it was felt that they did not need a park. The merchants of the Little
River Association requested this area be purchased on Little River to
use as a kind of adult park or a resting station for shoppers in that
area. This was the reason that the actual position or location was
moved and the recommendation of Grace Methodist Church put in.
Now the other Mimi -parks. There is a pulman mini -park in south bay
vista which are small parks. Some of the volunteers working in the
area of north bay vista, have talked to me about the possibility of
developing something there for small children. According to the
recommendation here, there is no recommended improvement except just
open play area and there has been no money allocated so therefore, we
did not grant to them what they were requesting.
Unless other monies are available.
This is the basic report of District #2 and we submit it to the
Commission.
Mr. Howard: The Co -Chairman of District #2, Mrs. Annette Eisenberg
would like to say a few words.
Mrs. Eisenberg: You heard that I was on the committee. I am Mrs.
Annette Eisenberg, I am the Co -Chairman. I, do not concur with the
report that was given just now and I have to speak because #1, I feel
there is a conflict of interest. When Rev. Brabham comes in and asks
you to buy church property, that is a conflict of interest.
When Mr. Acton at the Planning Department -
74
APR 181974
Mayor Ferre: Why is it a conflict? Does he own the property?
Mrs. Eisenberg: The church owns the property. The church doesn't own
the parking lot and the playground?
Mayor Ferre: You better be careful now. '
Mrs. Eisenberg: I am sorry but it adjoins the church property.
When Mr. Acton, Mr. Acton, $143,000 worth, when Mr. Acton, HUD and
the Parks Department years ago travelled the neighborhood to determine
where the parks were, the intent of the Little River Park was to go
where the public housing went in, where there are no parks for these
children. That was in the 70s, not in the 60s.
When the Planning Department travelled the area and found the Ganaway
property, it was vacant. Nobody had to be relocated.
Right now there is a Village South located there but the courts last
month told them to vacate. It will be a vacated property so there is
no estimated cost on that. The next piece of property next toit for
our park is a piece of property that is for sale and nobody would have
to be relocated there but the Little River park, the intent of that,
when we went out and asked people to vote for the bond issue, the
intent of the Little River Park and Mr. acton and the Planning Department
will verify it, was to serve the people in the Little River area in
the 71st, 72nd area where all the public housing went up.
As Vice -Chairman, I do not concur with Reverend Brabham's report.
I was not consulted.
Mayor Ferre: Annette, you don't concur, well, and I understand what
you are against . Now tell us what you are for.
It's nice to be against a lot of things but then there comes a time
when -
Mrs. Eisenberg: I am for the original proposal. I am for the proposed
park on 59th Street using the Ganaway property and the block adjoining
it. I am for the Parks Department or Planning Department finding an
area to serve the public housing residents at 75th street in the 70s
and that is north of the present. We have a park on 62nd street.
Our teen center will be open in a few months. We have the proposed
park on 59th street. Now let's move further north.
Mayor Ferre: Reverend, do you want to answer that?
Rev. Brabham: 'Mr. Mayor, I am not sure I can answer that but some
of the children from public housing at 71st Street and 72nd Street
are now using our church playground. We have facilities there for
children to swing and other playground equipment there with a diafety
fence around it. We do not have a gate lock on it and the children
in the neighborhood use it and we are grateful they can use it.
They are welcome to it and the thing we proposed is that the city
purchase some land adjacent to it and this would be city property
and they could use the church facility and our playground and we in
no way are trying to sell any property .that the church owns or make
any money out of it, but we were simply offering more facilities.
Our church buildings, playground which the city of course does not
own at the present time. Thank you.
Mr. Howard: District #3 was chaired by Mrs. Carrie P. Meek but she
is unable to attend today so Mr. Dan Ealey will speak for District 3.
Mr. Dan Ealey
Rep District #3: I was Mrs. Meeks Co-chairman on the task force
for district 3 and the study was done by a professional which I
am proud to be a member of the staff and the main thing we were
concerned about is the area from Dr. M.L.King on N.W. 62nd Street
from 17th Avenue east to 1-95.
Now there is a piece of property at Tacolcy Center just west, right
accross 9th avenue to 10th avenue west approximately 250'
We wanted to get this property so this would all be adjacent to and
combined with what is already owned by the City at Tacolcy.
75
APR 181974
•
When urban renewal Moved 5500 Black families from the central district
of Miami, recreation facilities did not move with them. Another piece
of property that we went out and surveyed was south of N. W. 7lst Street
and west of 7th avenue to 8th Avenue.
This property has 2 buildings on it that can be renovated. It has a
white fence all the way around it now.
(inaudible portion) just west of 17th Avenue from Both to 62nd street.
This land could be improved, which we have agreement from the bade
County School department to let us use this land and renovate the
buildings on the land in a community effort with the school board
and the parks department of the City of Miami and I will say for the
last time, this research was done by professionals so let it stand as
is.
Mr. Howard: The Chairman in District #4, Stephen Bolton.
Mr. Stephen Bolton,
Chairman, District 14: Thank you. It was a real pleasure for me to
work with a group of people in the neighborhoods of District 4upon
revising the plans that had been made for this district.
In going over these things, we didn't really find a lot of disagreement
on what the City had planned to do in the different parks.
Let me just go down here park by park and tell you about some of the
things that came up in our committee.
At the Allapattah-Comstock Park: One of the most important things
to come out of that meeting is the use of the relationship between
the Allapattah YMCA, the Comstock School and the Park, developing
this total area. There are some things suggested here that the
people want to see but we need to get into a very close dialogue
with the school board. The YMCA is already involved in the
dialogue to decide on some of the things that need to be put in,
especially the final decision on what would be done with the
community building's that need to be put in there.
In that park the thing people wanted most were sports facilities
such as softball diamonds and tennis courts.
Discussing mini -parks, I would say as a result of a survey that
the people liked the idea so much that they would like to see more
parks like this in the ALlapattah or District 4 area especially in
what I call the downtown or the business district around 17th
Avenue. This wasn't part of the park poll but is something that
was heavily expressed in a survey that was taken.
In Curtis Park, the committee basically agreed with what was
planned. They want to enhance the outdoor facilities there at
Curtis Park by putting in more shade trees and putting in a
community building which rather than being enclosed would be
more of a shelter type of thing to keep away from the situation
where you have an air-conditioned building that the kids are
going to go into and not be in the park so much.
In Moore Park, the most critical thing that the committee saw
was a need for more parking around that area.
This probably can't be dealt with in the park itself but we
would hope that the city would think of a way of developing
parking , around that park.
-
When other organizations are using the parking lot, parking
is a very great problem.
In the proposed Santa -Clara neighborhood Park, the one thing
we were able to investigate was the possibility of using the
Santa Clara School and a very small piece of ground near it
to fulfill this mission, that we didn't really find any piece
of property that don't have houses on them that could be used.
This could be considered later.
In the Melrose Park -Santa Clara Park-AllPattah Park, the thing
that people were most concerned about was being afraid to go to the
park.
76
APR 181974
They were kind of concerned that we were spending the money on
facilities which they want -Melrose, Melrose, it's a small park
in this thing.
They want to make sure that there is money and ho pefully more
money to have staff people at these parks. People there to program
this. To a certain extent, if these parks are developed, they need
to be developed with more manpower, parks and recreation people there
working with them.
The feeling on this was almost as strong as it was about any particular
development made.
A lot of these things that I have been saying came out of a survey
which was taken as a part of our study in which we surveyed people
who actually use the parks. This is where we are getting our reactions
about fear of going to the park, fear of being mugged in the park etc.
We were very very surprised when we took the survey that there was
one other thing which wasn't really part of the subject material
that we were studying, but there was a very very strong desire to
have bike paths going through District #4, going to the Allapattah
area to downtown, K ey Biscayne, even to Miami Beach.
This sort of thing, in other words, bike paths in this area is something
that the people are very very interested in even though it wasn't a part
of this study that we made.
That's really all I have on the report. Are there any questions?
Mr. Howard: Unfortunately Reverend Johnson of District 5 is not
here. Is there anybody here from District 5?
They have submitted their report on District 5 and I cannot really
speak for them but they agreed and we agreed on the recommendations.
We will leave until Reverend Johnson can speak on that or forward that
in writing to you.
In District #6, the chairperson, Reverend Rudolph Mc Kinley-
Rev. Rudolph Mc Kinley,
Chairman, District #6: It's nice to have this non -controversial
district.
when you are armed with a committee like we have, I would like to read
the names: Miss Jean Bellamy, Mrs. Gloria,Calhoun, Mr. Max Friedson,
John Jones, Miss Shiri Long, Litt Lovett, Kiss Susan Powell, Doctor
William Sbokes etc.
We met 5 times and we broke up into groups, sent them out and they
came back and then we went over the detailed reports. We followed
them through as much as possible. We ran into a little conflict in
a •couple of the areas like Biscayne Park and one other.
We went on and made our recommendations, we took all of the Stone and
Associates reports. Every member of the committee read them and then
we went over them in detail and then we have kept abreast of the
revised report as a result of what has happened.
Our recommendations has basically been to stay with the Stone Report
although since then, we have a little addendum report to make due to
circumstances that have developed.
We still feel as though, the thing that haunted the committee more
than any other single thing in our report was, as we looked into the
overall amount, and that was whether concentration of people are in
the City, that's where we have no land or parks, and this bothered us.
Secondly, wefelt that if the 71/2 million dollars, which had been
allocated for Ball Point was not used, we propose 2 things.
1. That we boost the amount that was proposed to go ahead
and develop more fully than what had been called for
in the original planning in some of these outlying
parks other than in our district.
2. We felt that as a committee, fully, that we should continue
if at all possible, to buy land down the road for the future
if we just kept it, cleaned off with a bulldozer until the
time that it could be used for the people.
We were concerned that if the money was not going to be spent on
Ball Point, the 71/2 million we felt should go out and be distributed
into these parks and do a better job than had been originally called
for and a land bank created for future parks in the City.
77
APR 181974
Now since that time, other things have happened as of a few days ago.
The committee was called back together day before yesterday afternoon.
We met and had one of the other parks chairman of their district to
be with us, in order to sit down and discuss the proposal.
We still stick with our original recommendation which is- get the land.
If we have to wait 50 years, get that land. We would not - no one
on the committee was willing to agree to allow anyone in anyway to
erect some kind of a chinese wall in the middle of that Boulevard
and as a result, frustrate all of the present property owners because
the one thing we felt important was to be able to see the water, was
very very important for the people of the City, and we of course, do
not have all of the information that we feel we need but we felt that
at this point, we would kind of like to hang in there if at all
possible.
Mayor Ferret Reverend, I, would like to volunteer to go down with
your committee and explain all of the ramifications.
Perhaps the Manager might want to go too.
Rev. Mc Kinley: The committee asked that I invite you if you would
to come before us and we would call a meeting because we did feel
as though we did not have sufficient information to pass a judgment
on it. •
Their addendum to the report was, that if this property is so valuable
to the present owner of it, on the Boulevard, if it is all that
valuable, then we ought to swap foot for foot with him or else let him
therefore how much he values it by paying the taxes on it, according
to his evaluation.
Mrs. Gordon: I want to commend you.
Rev. Mc Kinley: Thank you, it has been a very pleasant experience.
Mr. Howard: In District #7, the Chairman was Rev. 0. Dean Martin.
I have just received word that he has become ill and will not be
able to make it today, nor oan he have a representative.
We have no one to speak but again, our recommendations and their
recommendations are similar but perhaps we can have Reverend Martin
also put in writing.
In District #8, the Chairperson, Mrs. Charles Ottman-
Ms. Charles Ottman,
Chairperson, District #8: Thank you, I will make mine short and sweet.
Through meetings, through personally talking to people, old, young and
some older, they agreed that their parks should be functional for the
whole family, which it isn't now. Shuffleboard courts were promised
many many years ago but other than that, everybody seemed to concur
with what has been , I don't think any of it is too much to
ask.
(Inaudible remark)
Mr. Howard: In the last District #9, Mr. Wayne Allen -
Mr. Wayne Allen,
Chairman, District #9* Starting off, I would like to say that our
committee thinks we should recognize the Parkd Department for the
excellent job that they have done in organizing this entire program
and the public participation in this has been most gratifying to us
who are on the commitee and I also want to point out that today you
are hearing, not just the recommendations of the Parks Department
and the committee but the recommendations which came from public
hearings throughout the City. I think that point has been overlooked
so far.
I would like to mention my 2 co-chairmen: Mrs. Sidney Weintraub
and Mrs. Lewis, who did an excellent job on this committee and I
don't intend to go through all of the recommendations but there are
3 areas which I think deserve particular attention.
78
APR 181974
The committee felt that the Grand Avenue Park was of particular
importance and I won't discuss that in detail since it has already
been discussed today and the Bicycle Path's proposal, was probably
of secondary importance because we feel in this proposal, we are
getting the most benefit for the money for a larger amount of people
within the district. Bicycle Paths are something which in the Grove
area were desperately needed and greatly appreciated.
One item which was added to the proposal which the parks department
made and which there has been great support both at public hearings
and by the Tigertail Association of which I am president, is the
need and the recommendation of the Children's Park being put in at the
fire station site, former fire station site on S.W. 22 Avenue.
To give it a moment's thought, there is no park in this entire north
grove area and I am not even sure of the south grove for a childrens
park for pre-schoolers.
We feel this is a very important pvoject which should be included
as part of this District #9. It has been included in the recommendations
by the Parks Department and we would urge the Commission give approval
of it and that this park go forward as soon as possible.
Now the proposal of the Parks Department at this time does not have
a target completion date. We feel the need is great now and would
urge that some priority be given this so that we could have this
type of a park at that location as early as possible.
I might say quickly that just recently we were given a proposal to
possibly put some tennis courts on that site and the members of the
Tigertail Association went out just the other evening, to poll the
neighbors in that immediate area and already knew the feeling of the
Tigertail Association itself and the committee that was formed by
Tigertail and I would like to especially Mrs. Stanley Johnson,
who was very active on this committee and in polling the neighbors,
in comparison of whether they would like to see a tot park or a tennis
park on that site, overwhelmingly they were in favor of the tot park.
Now the committee of Tigertail went to the extent of actually doing
extensive study on what could be developed there and we sent you all
a proposed plan for a tot park on that site. I think each of you has
received this so I didn't bring copies here today but this is the type
of site and the type of development we have in mind for that park and
we feel it is of urgent need to that area and would request that a
target date as early as possible be put on this site.
Thank you.
Mr. Howard: That is the reports of the 9 districts and their
recommendations to move ahead with the bond program.
In some of these particular areas, we still have to meet with the
people. We haven't revised everything yet.
One place in particular is to revise the plan for Morningside Park
however we have to realize we have to live within the money that
has been allocated for these particular parks.
There are other areas where we are continually meeting with the
people to come to agreement with the actual final plan as we see
it.
We cannot really move that far ahead until more money is appropriated
under the 2nd sale of bonds because as I stated at the beginning and
went through the 17 areas that were approved under the first sale for
28 million, we now have to receive more funds before we can start on
the recommendations of the people in the 9 districts.
Mr. Andrews: I would like to add to that. There are sufficient
funds in certain parks to move ahead immediately.
At the next Commission Meeting, which is 1 week from now, we will
have a resolution on the agenda which will be a positive resolution
to move ahead with this program and authorizing the City Manager to
begin the implementation through the committees and through Mr.Howard
by getting as much of this in place as possible.
There is one more matter that you must consider along with that
resolution.
Whatever your deliberations will tell you in this next week in
reference to the program presented to you,there is one more matter
I have maybe can perhaps make sufficient funds available to really
move ahead in all the parks. I have before me, which I want to
distribute to the Commission, about 9 or 10 pages long so I don't
expect you to read it here but you will have to read it along with
all the other reports supplied to you --and it's Mr. Bryant and Mr.Dickens,
our Bond Counsels opinion as to the ,Aty's ability to use
APR 181974
•
the 71/2 million dollars. The question that the Commission raised
several months ago as to whether these funds and this was the money
for the acquisition of the Ball Point property, if in fact, that
Might be used throughout the parks system as part of the parks bond
program or whether legally it must remain as a land acquisition sum
of funds.
The report reflects my opinion that we do have the flexibility, if
you choose, only if you choose, depending on the City Commission's
policy, the use of these funds.
If you choose to move ahead with the use of these funds for the
rest of the parks, that means that we could go ahead and use these
funds and you can defer this decision of the 71/2 million dollars to a
later date because we have still approximately 11 million dollars in
bonds to be sold so you can translate this to an unsold category and
await a decision at a later date. You can go ahead and use those
monies that have now been sold in the first bond issue as monies
to move ahead immediately with many more of the parks that are
proposed to you.
I would suggest that you want to Thursday. All of these materials
in a package and then make a decision.
Mrs. Gordon: Reading the report Mr. Andrews and Mr. Lloyd, from
our man in Tallahassee, I came accross the House Bill 1716 by
Rep. Harris and Senate Bill 41 by Rep. Gwinn and both of these
repeal the law which provides that railroad and canal companies have
right to take, occupy,, hold and possess a right of way over state land.
It repeals 360.04.
What action have you taken to make known to the legislature and to
the senators that we are deeply concerned in these bills passing?
Mr. Lloyd, City Attorney: First, let me say by way of information
that the bill proposed in the house by Rep. Marshall Harris has
already passed the House.
The Senate Bill which is being proposed by Senator Sherman Wynn,
assisted by Senator Ralph Poston, has been referred to the transportation
committee -
Mayor Ferre: Which Ralph Poston by the way is chairman of -
Mr. Lloyd: Yes. Now our legislative representative, Mr. Steve Wynn
has been aggressively pursuant to our instructions, pursuing this,
has been instructed and is doing, contacting members of the Dade
Delegation to indicate to them our interest in the passage of this
bill.
Mrs. Gordon: May I ask you if it would reinforce our position,
if in fact this Commission passed a resolution today so advising
the members of the Senate of how vitally interested we are in seeing
to it that this passes. I would so move. We have to have a resolution
prepared.
Mr. Lloyd: We can prepare that in a few minutes.
Mayor Ferre: I would point out. I was not on the COmmission at the
time but my understanding from Attorney Dan Paul, is that the City of
Miami was the originator of that bill and that in fact, through the
help of Dan Paul and through our own legal staff, we have helped in
the preparation of the language of the bill.
The City of Miami is as closely identified with the bill as can
possibly be. It really is a City of Miami Bill.
I think it is nevertheless a good idea to reaffirm our position.
I think you ought to, in your preamble of your resolution, say
that it was our original thought -
80 APR 181974
mire. Gordon: l would move it in the forts of a motion.
Rev. Gibson: second.
Upon being seconded by Reverend Gibson the motion was passed
and adopted by the following vote - AYES: Messrs. Plummer, Reboot),
Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None
Mrs. Gordon: Can you send a copy of this to every one of the members
of the Senate who will be voting on this as well as the committee that
has it under study?
Mr. Lloyd: I will do it in any way that-
Mrs. Gordon: I would like it distributed all the way accross the
board.
Rev. Gibson: To all the Senators.
NOTE: Mayor Ferre entered the
meeting at 2:50 PM and
Rev. Gibson at 3:20 PM.
Mayor Ferre: I am sorry I was late for the afternoon session. I do
want to make one point for the public record here.
I want to reiterate because there is an awful lot of misunderstanding.
The proposal that this Commission accepted in principle at the last
Commission meeting with regard to the F.E.C. property, was a proposal
in principle. It was not a final document or agreement of any kind.
This is going to be openly discussed at public hearings and I am sure
it will be more than one and there are many "ifs".
"If" the appraisals come in at an appropriate figure where we can live
with it.
"If" the traffic pattern is acceptable to the traffic department of
Dade County.
"If" Dade County is willing to swap land.
"If" a private property can be established at Dodge Island.
"If" the Commission accepts the final -
There are many "Ifs". It's not a question of, I am not
legality of zoning or anything. Nothing has happened.
The property hasn't been zoned. It hasn't been swapped.
There are about 6 or 7 "ifs" and I hope that we will be able
coarse all these "Ifs• but there are no assurances of that.
Now, #2, we made it very clear that it in no way precluded or
us from continuing - helping that bill Marshall Harris in the
pass and #2 - continuing with litigation.
I wanted to point out that this Commission went on record that we will
continue with the litigation.
Now, Mr. Andrews-, a group of citizens came to discuss with me, and
it is not the first time that I have heard this discussion and Al,
I want you to listen to this.
The consensus and the feeling that I got from these and other citizens
is the serious concern that the will of the neighborhood will not be
listened to. #1.
#2, that once this whole process is over with, that their wishes will
be ignored.
The third thing that came out of these conversations is that not
sufficient people will be available to render the kind of service that
is needed because what good is a park if the park does not have proper
attendants to make it a functional living useful park where people
will go?
What use is a park that people are scared to use and won't use?
I think it's a very grave and serious matter and I want everyone on the
Commission really to b e giving this,a lot of thought. There is an awful
lot of thought that must be given to this whole process.
4th matter was the concern in neighborhood parks that they might, even
though publicl y we would not state that it would be the case,
some of these neighborhood parks have.become regional parks.
In other words, these are parks that the people in their own specific
neighborhoods use and enjoy. They don't want people coming in from
Hialeah, Coral Gables, Miami Shores or anywhere else to use these
neighborhood parks.
Now those 4 points, I want you to address yourself to each and every
one of those points.
talking
about
to over -
stopped
legislature
81 APR 181974
Mr. Howard: We have no intention of making any neighborhood park
a regional park and I think"this goes hand in hand with what you
passed last week on the fee structure where we impose a surcharge
on the private groups that were coming in from outside of Miami.
This is what has been happening. We had people from Miami Springs,
from Hialeah, from other areas coming in to use the pools, to use
the picnic grounds, to use the parks, to use the tennis courts.
We had no way of restricting them.
Now, with what you passed last week, this will mitigate that problem
if not eliminate it from outside groups coming in and making a
neighborhood park a regional area.
We have no intention whatsoever of bringing in people into a
neighborhood park from outside that area. We feel that the parks
should be used by people from within the City of Miami.
I don't think anybody in the neighborhood has a private park.
If they are living there, they have the use of the park but other
people in Miami like to utilize that park also.
For whatever reason, we have the park there for. Be it tennis,
picnics, social recreation but it will be a neighborhood park.
We do not intend to make any park become an area where it will be
over run with activities of participants.
One of the things that goes hand in hand with the new parks and the
developing and enlarging other parks, is the need for additional staff.
As these parks are developed, we are going to need staff to both
maintain them and to function as Recreation Supervisors and Directors
because without a living park, without activity, it's not serving the
public so we will have to increase our budget. We will have to have
additional personnel to go into these parks.
This is one other request that is going to follow the bond program as
these parks are done, we do need supervision.
The other one in no way, do we intend in forgetting the parks.
I think this was very indicative in the fact that for the first time
the City government went to the people to find out what their needs
are and put their needs into action and in the future we are going
to make sure that their needs are carried out both professionally,
socially, economically and for their welfare.
We have no intention after putting up a park, of forgetting or just
ignore it. As a matter of fact, every park that goes up with staff
available, we will augment the program for all ages, from cradle to
grave, for the youth, adults and senior citizens.
This is our intention. Of course, we need the staff to do it.
We will not forget any park or really ostracize any area from under
the control of the Recreation Department for a professional program,
as their needs arise.
I think I mentioned that before and I agreed to this professionally,
our staff agrees and the people agree. I think this is a wonderful
thing right now to have these task forces. We have actually gotten
the information from the people. They told us where we are right.
They told us where we are wro:zg and we came to mutual agreement and
came out with what is best for the people. Not best for us or best
for the City but for their needs.
One of the things that came up from all of these task forces is that
we don't let these committees die. I mentioned this before.
This is one of their 5 basic recommendations, that when we come back
with the plan, and we bring it to them for final approval before we
go out for contract, and when it's being done and when it's over, we
still meet.with these people because needs change, neighborhoods
change, new people come in, old people go out. The needs are different
for youth and adults, so we want their advice. We want their input.
In no way will the Recreation Department plan for people.
My philosophy and I hope the philosophy of the City is to plan with
the people. I have seen this happen at the Commission and this is
what we intend to do. In all phases, to plan with them.
82
APR 1$1974
Mr. Andrews: Mr. Mayor, I want to re-emphasize that what Mr. Howard
has just said, is that we have taken and will continue to take into
consideration, the wishes of the people utilizing these neighborhood
parks. 1 want to stress that, as a neighborhood park concept.
Mr. Howard is charged with attempting to establish his operations.
We are certainly not going to ignore them and he has repeated twice
that it is his wish that you continue the committees that have been
established and that this is an excellent way to continue to
communicate with them.
Mayor Ferre: Ladies and Gentlemen, this is all part of what we have
been doing for several years. This is just one more reiteration of
on the public record, of the intention of, and I hope that clarifies
any doubts that anybody might have.
Rev. Gibson: You aren't through, it is not over, you are just
beginning.
Unidentified person: If I might say so, I live on 55th Terrace NE
and it is a wide boulevard approach to Morningside Park, a 40 acre
park, and I lose my mangos every year while I am out preaching the
gospel on Sunday morning, ---I come home and they have been shaken
down on the ground. I know what it means to be on the main artery
going to Morningside Park. The way you stop that is, you have some
parks in the areas where the people live, and then they don't have
to come to my area.
Mayor Ferre: As I understand it now, this kind of getting toward
the end of the process of the public in -put, how to spend the
money and so on, by the next meeting, which is on the 25th, we
will begin to pass specific resolutions allocating funds to get
these programs started.
Mr. Andrews: And you I hope will be, ----will have a resolution
before you to approve in principle the program that has been
submitted, then as we begin to get into the actual plans stage
we will be coming back to the Commission with those plans and
with the approval to advertise for bids and the various phases
of construction in each park, so it will be a second time you
will be checking it.
Mayor Ferre: Is there anything else anybody wants to add to all this?
Mr. Plummer: Mr. Mayor, the City Manager .indicated that Mr. Otis
Davis should be given the right to speak. He is giving up that
right until the 25th, is that correct?
Officer Tom Pinder: Yes, I am Officer Tom Pinder, Executive Chairman
of MCPBA. Our President Otis Davis was not able to be here. He
asked me to represent him. What we would like to do is due to the
length of our presentation before the Commission, and the lengthy
meeting we had this morning, in consideration of this, we would
like to postpone this until the next Commission meeting, I believe
is the 25th. I would also like to ask if we could be put on in the
morning if it is feasible.
Mayor Ferre: How long is your item.
Officer Tom Pinder: We feel it would be in the area of 35 minutes
to an hour.
Mr. Andrews: The morning agenda is very crowded and I mean this
sincerely with zoning matters that have already been advertised
with people to be present.
Mayor Ferre: We will have to put you in the afternoon. Sorry.
8;.i APR 181974
1 Andrews: I was trying to tell him that at 2 o'clock with
, the discussion items that this item along with the other items
Mr. Mayor you have ee1ieduled for the 25th is the Police exam,
continuation of what you discussed here,and that is the appropriate
place.
Officer Pinder: Yes, this is in relation to it, and ----
Mr. Andrews: ---the two go together and that is scheduled for
the afternoon also.
Officer Pinder: Am 1 to understand that we will be in the afternoon?
Mr. Andrews: We are going to schedule it as one of the items
that occurs at 2 o'clock. It may not happen precisely at 2,
it may be 2:30,---
Mayor Ferret Thank you sir.
84 APR 18 1974
S .. 114002.-ALLEN PRESENTATIMON THE _ HUMAN RESOURCES PROPOSAL:
Mr. Stewart Matlin: Our purpose today is to present
a brief review of the issues of the Human Resources management
area, and to provide our response to questions and statements
s ubmitted today regarding the implementation of what we have
described in our report as the Human Resource Management System.
Some general background before we begin, we completed our
analysis of Human Resource Management in Miami and delivered
ourfihal report prior to last presentation January 24th. The
report was the result of interviews with over 200 employees,
a mailed questionaire which had 1700 responses, intensive
reviews, ----
Rev. Gibson: JUst a minute, where are the Civil Service
people, shouldn't they be privileged to hear?
Mr. Plummer: Mr. Mayor I am glad to stop the gentleman
for a minute, I just want to report to the Commission that
you designated me as a committee of one to gather all the questions
of the people of the City as it relates to the Booz-Allen report.
I merely orally will tell you that all of that was done on two
occasions, not one, but two, soliciting questions and they
in fact, all were turned over to Booz-Allen approximately one
week in advance of this meeting.
Mayor Ferre: I am happy to hear of your thoroughness
and you are hereby discharged, dismissed.
Mr. Plummer: Thank you, good bye sir.
Mayor Ferre: Anybody else you want in on this? Did
Koucholakos leave?
Mr..Plummer: Mr. Matlin are you going to go back into
the D.C.M?
Mr. Matlin: It is my understanding Commissioner that this
agenda item was to address the human resource management
system.
Mr. Plummer: Your understanding is wrong.
Mayor Ferre: Let's get this clarified. Paul,
we are coming to something very important now, are we
here to take into consideration the Human Resource Management
report,or the department organization structure of the City
of Miami, with the management, or both?
Mr. Andrews: You are here to discuss one subject at
this point, and until that subject is cleared up according
to the resolutions that you adopted, there would be no
additional implementation, or putting in place of the
total change of administrative organization until the
Human Resources Management aspect of the total project
resolved. The question you have before you deals only
with the Human Resources.
Mr. Plummer: Let me tell you how I understood it. I
understood it Mr. Mayor that we were going to discuss the
entire Booz-Allen project today. That was the reason for
Father Gibson's most insistence that all people be furnished
a copy of the report and that, ---you are shaking your head,'to',
85 APR 181974
but let me say to you when I spoke with Eric and Freddy, the
Major p*rt of our tine of discussion, was over the D.C.M. and
not the Human resources.
Mr. Andrews: Well that may be so. but 1 can trace rather
clearly that Hoorn Allen trade a presentation on the Human Resources
that go so involved, that the City Commission and Father Gibson
was particularly the one who recommended that these questions
that were raised in reference to the Human Resources, that they
be in writing, you were appointed as a committee and you are
the recipient. That is where we left off. We were discussing
only one subject that time and that was Human Resources.
Mr. Plummer: That is what we secured or acquired the
questions on, but it was my understanding that this was so
complex, the Booz-Allen over-all report, that we,set aside
a special day which is today, to go into depth in the entire
Booz-Allen report.
Mayor Ferre: Let me tell you what my memory tells me.
I think Plummer has one point. When this whole matter came up,
I distinctly remember Commissioner Plummer saying, I will not
accept one part of this unless we get the whole picture.
Remember that? J.L. I want you to hear this. I remember that
statement of yours, but as I understand it, and I think it
was in that paper I got the other day, which is the agenda
for today ---where is the agenda for today, ----look at it, it
says presentation by Booz-Allen on Human Resources propo$a.1.
Mr. Plummer: I can read, but what I am saying to you is,
I don't care what this paper says, I am tell you as I remember.
Mayor Ferre: We have to start somewhere. The point is, if
we go on beyond the Human Resources aspect of this, you are
talking about a two day session, and ,it is going to get very
very complicated.
Mr..Plummer: Let me tell you why I first, ----Human Resources
is, if I can refer to it without doing damage to the report, is
the 5th item down the line, okay, that is not making any more
or less important than the rest, but a serious legal problem
has arisen of which,and I don't want you to think I have stepped
out of line, I was given a copy of this last night about 11:30
when I got home, and the question in the legal opinion is, can
the City Manager, or does he have the authority to appoint
deputy City Managers? The answer is 'no' he does not.
Mayor Ferre: The answer is no, he has no authority.
Mr. Plummer: That is right.
Mayor Ferre: Let me ask you this question. Does the
Human Resources aspect of this program have anything to
do with the appointment of Asst. City Managers?
Unidentified person: No.
Mayor Ferre: Can we listen to this and implement it,
or not implement it, separately from the departmental organ-
izational structure? Can we do it separately?
Mr. Plummer: Mr. Mayor, yes we can.
Mayor Ferre: That is the key question. If they are
86 APR 181974
tied together, then I see your point. If they can be
separated, then I see Paul Andrew's point.
Mr. Andrews: I would like to add one thing more
Mr. Mayor. I don't want the record just to reflect that
I made appointments of Deputy City Manager without thought
and authority. I was very explicit at the time we made the
budget presentation on deputy City Managers including as
to how•they would be funded, by eliminating positions at
the bottom, to find the money for the deputy City Managers.
Those deputy City Managers were put specifically in a section
of the appropriation ordinance and identified and were adopted
by the City Commission.
Mr. Plummer: The ordinance for the adoption of funds
was approved.
Mr. Andrews: You had better look at the body of the
ordinance, sir. It is in there specifically.
Mr. Plummer: We then got to go back to what we
understood, and what actually came out in writing. I am
not going to quibble over this thing because what I have
been given by the City Attorney, is and he can correct or
speak for himself, that under the Charter of theCity of
Miami that the authority to create deputy City Managers
does not exist. Do you want to speak to it.
Mr. Andrews; Maybe the Charter doesn't identify then
but I can't find anywhere and'of course I have to go by
what the City Atty believes too. I can't find anywhere in
readingthe Charter that is says you cannot create, thinking
possitively now, if you wish to do it. that you cannot create
these positions. The Charter doesn't say you can't create
any more positions.
Mayor Ferre: That may or may not be true. I am not
going to get involved in that one right now, but the point
is, if we get involved in that discussion, we are not at all
going to hear from Booz-Allen-Hamilton on the Human Resources,
and I may be in complete agreement, as a matter of fact I have
to be in agreement with Plummer if that is what our City Atty
rules. That is not what is before us today. If you want to
schedule a meeting for that one, which I am sure you are going
to have to do, then we will address ourselves to that point.
Rev. Gibson: Mr. Mayor since I was the person who was
most insistent,
Mayor Ferre: Excuse me Father,in deference, what
Mr. Plummer is saying, and I think we have to accept everything
at face value,Commissnner Plummer tells us that since he did
not understand it that way, that he has spent a lot of time
preparing himself to discuss departmental organizational
structure and some very basic questions he has. He says
he is not, because of that misunderstanding, whether it
be real or not, is not the point. That is the way he sees
it, and I think out of deference to the way he sees it, that
I don't see that we can come to any conclusion, on human re-
sources management today but I think we ought to listen,
Rev. Gibson; Mr. Mayor since I was the one person who
was most insistent, that we get a critique from the Civil
Service, and the employees. I want to say my understanding
87 APR a n3:
e.
was the same as Mr. Plummer's, however t realize that it
would do us no good to, now that you make mention that t
was unaware that we had not heard the other part, ---is
that the 5th part, Human Resources, ----I would not object
nor would I feel bad if you put them on, and tell us about
Human Resources and then Mr. Mayor out of deference to my
original position, that you then ask us, or whoever is supposed
to do it, schedule a.meeting, specifically to respond by
Civil Service and the employees to the whole package, and
then that the information be furnished. I want to do that
which is right and enlightening, and if we have not heard
this part, we can't do one without the other, I have no
objections. I would be delighted, and as far as I am con-
cerned, he can get on right now.
Mr. Matlin: Mr. Mayor, if I might clarify just
some of the things, we have at this point had two full
presentations on the organization concept, the report on
the organization concept was presented over 7 months ago.
Since it was presented 7 months ago, we have appeared twice
before this commission to fully discuss it. Now, I am pre-
pared to appear as many times as the Commission wishes me to,
we have had that meeting twice already .
Mayor Ferre: We understand and believe me, we are
all very apologetic at the way things happen around here,
is that we have run into to time problems and emotions and
all that, and several times you had to wait all day and then
rushed into a 15 minute or half hour statement. I recognize
all that. Now, without any further ado, since everybody stated
their position, I think without any interruptions from us, I
am going to ask the Commission to let you make your presentation,
we will make notes of whatever questions we may have, then we
will ask the questions after you have finished. You proceed now.
Mr. Matlin: As I was saying, the involvement of many
people in the preparation of the report was extensive. There
were over 200 interview.; with employees, the mail questionaire
that was sent out to every employee, with his or her paycheck,
had over 1700 responses, and there has been an intensive review
of our conclusions and recommendations with Commissioners, the
Civil Service Board and employee representatives and employees
at all levels. Throughout the process, we have tried to deal
openly and objectively with the issues confronting the City
presently in the human resource management area, and we have
also tried to consider the issues developing, many of which
surfaced this morning, but hardly for the first tine even
this morning. We have used as our yardstick the strengthening
of the City of Miami and its ability to deliver services to
its citizens, and this has been the singular yardstick we have
used to measure the validity of recommendations.
We would like to do today,then is to summarize the
basic issues and address ourselves to specific concerns
raised in writing by the Civil Ser. Board and City employees
at various levels. As has been apointed out, the Commission
requested the concerned parties submit critiques and written
questions as well as constructive suggestions and counter pro-
posals concerning the human resources management system. I would
point out to you with no intent at sarcasm, that on this report
of reported overwhelming concern to over 3600 City employees,
on this report that is reported so terribly controversial,
written responses were received from a grand total of four
people and theCivil Service Board. In addition,--
88 APR 181974
Mr. Plummer: A great number of people approached me,
and the people you have heard from are only the department
directors who were afforded access to the book. I had hundreds,
litterally hundreds, of inquiries from employees saying 'what
do you want me to question when I have not been afforded the
access to the book, so basically you had seven replies from
21 department heads or roughly one-third.
Mr. Matlin: Let me get into this, because they don't
fall out that way. Also, a copy of the report was furnished
to every 'employee representative, the Monday after it was
furnished to the Commission on Friday, so it has fairly wide
distribution.
In addition three other people raised questions about
the organization report as did two of the four commenting on
the Human Resources report, of the total eight commentators,
on the two reports, one was the Civil Service Board, one was
an employee representative, three were department directors,
and three were individual employees. There were a total of
8 questions, or comments plus the comments of the Civil Ser.
Board which were not questions, that we can answer, but rather
statements of dislike, or disagreement and interpretations of
what we wrote. The interpretations of what we wrote, were con-
sistently erroneous. For example, in the Civil Service Board's
charge in responding to its charge, it said the Booz Allen
recommendation that the executive secretary be severed from
the Civil Service Board. We made no ,uch recommendation.
Several of the exhibits reports clearly show that the executive
secretary remains as part of the Civil Service Board, reporting
to it. So I cannot give you a line by line, paragraph comment
on the Civil Service Board's response because it is simply a
statement saying, 'well I don't like it.' To answer the
specific question, and address the comments, the issues
addressed were generally the proposed management reorganization
which we will deal with whenever the Commission wishes us to,
and the concepts and statements in the human resources management
report.
Issues involving the Human Resources management report,
we split them out, and each case I will read to you the question
raised and our reply. Question ---'The Booz-Allen report has not
been synopsized, therefore employees may by implication be
approving something that few, if any of the employees under-
stand.' This statement is factually incorrect. Both Booz-Allen
reports had a summary or over -view of 15 pages or less, as the
first chapter of the report. Question ----'Information has been
obtained only supervisors, not from men in the field, or at
the operating level.' This is incorrect. A questionaire was dis-
tributed to every single City employee with his pay check, in
September, while we have some reports that some City employees
did not receive the questionaire. Seventeen hundred replies were
received, the results were tabulated, additional comments were
solicited on the questionaire and the group interviews, involving
over a hundred employees at all levels. Question-----Booz Allen
has stated that the present testing method,that is, reliance on
written assembled exams, is only 30 to 40 percent valid. Do we
know a more effective method of testing? The statement is in-
correct. Booz-Allen stated that research has proved tope at
best, that these tests are at beat, only 30 to 40 percent valid
as explained many times in our comments we were describing tests
ingeneral,, it was not within our charge to examine the: tests
specifically.
In any case, exclusive reliance on written examinations
should be re-evaliated. Other selection instruments which
should be considered include appisal boards, experience,
a� APR 181974
which is a wonderful guide to what someone is going to do
in► the future. --past performance, performance tests, and
education and training. Question ----'Will the certification
of Vacancies remain with the Secretary of the Civil Service
Board or be transferred to the City Manager. If it is trans-
ferred, what check and balance will exist? We do not recommend
any changes or transfers in the power of the Civil Service
Board delegated to the Executive Secretary to certify candidates.
The Civil Service Board under our recommendations retains all
its current checks and balances over administrative procedures
including the processes by which vacancies are filled.
Question 'Who will impartially review the testing procedure
and what authority will he have?' As mandated in the Charter
the Chief Examiner, member of the Civil Service Board, will
review and evaluate examination procedures. He retains his
authority to certify the exams and the results, even though
the procedures for writing and giving exams might be carried
out under our recommendations by the administrative department
such as Human Resources Services.Question----'Regarding man-
power utilization and restructuring, what counter checks are
provided to insure the rights of employees?' Employees under
our recommendations retain all rights and checks and balances
as currently provided under the Civil Service system, in
addition the use of professionals to improve manpower utilization
and perform job engineering studies, should enhance opportunities
for advancement and job mobility for employees.
Question 'Would not the proposed weakening of the Civil
Service, I want to point out the question says there is a
proposed weakening of Civil Service , we have not proposed
a weakening of the Civil Service, --reinstate the spoil system,
in the hands of the City Manager, who accountable
to politicians, no weakening of the Civil Service system
is proposed. We do propose to strengthen the terribly weak
Human Resource Management system. The Civil Service system
would retain all of its current strengths and thereby, if
it is currently able to preclude or return to the spoil
system, should be able to continue to do so, as nothing
will be changed. Without a strengthening of human resource
management, the City faces gradual deterioration of its
ability to recruit and keep good human resources. And finally
the 8th question, if the Plan in implemented, will not the
baby be thrown out with the bath water. I would suggest to
the Commission, that if the plan we propose is rejected in
its entirety, because of objections to some of its parts, then
the baby will indeed be thrown out with the bath water. Let us
draw out for you, some of the basic issues and opportunities
that exist in the human resource management area. Under the
present situation, you have a traditional system, under legal
attack and investigation, on both the local and feder . levels,
you are unable to conduct a commission meeting this morning
without repeatedly having to consult your lawyers, having to
refer to court cases, having to worry about being drawn back
into court again. Specialized consultants are being retained
to address specific ills and symptoms. Errors and inequities
of almost every conceivable type are being identified and
publicized within increasing frequency. Manpower costs at
the same time increase dramatically due to inflation. Employees
in general are expecting more than just a paycheck from their
jobs. Increased pressures for employee develop services are
appropriate and are felt. In the future, ----what prospects
for the future of the traditional system , are full of other
potential problems and no end to the ones you've got. Patch
work solutions, and if what we listened to this morning, re-
minded me of anything, it reminded of an old patchwork quilt
9U APR 1S 1974
of pieces of fabric sewn together from so many different
thoughts from so many different years, to try to put some-
thing together that would work.
Patchwork solutions only address symptoms in general
problems, remain and resurface. Solutions conceived in a
crisis environment often are not the best for the City in
the long run. Pressure for improvements in human resource
management continue to increase from employees, from a
community and its citizens and from federal mandates and
from the courts. The potential effects of not making major
improvements in the way we manage human resources in Miami
could be serious. And again listening to this morning, there
can be no question about it. For example, tension between
the City and its employees, can only become greater. Increased
personnel management costs will be spent on legal debate, and
court fees, rather than doing something for your people and
your citizens. Little attention will be paid to the over-all
employee service needs with most of theCity's energies con-
tinuing to be consumed in patching activities and dealing
with situations that you live with now, but which you who
sit here did not create. Increasing and re-occuring service
delivery costs, due to traditional job classification which
may be irrelevant in many cases and job structuring and work
methods, that rely on standards of efficiency and effectiveness
that are unclear in which avoid reliance on quantifiable
standards of meaningful, meaningful to the employee, as well
as to the City, standards of efficiency and effectivness. It
is a bleak picture and the fact that you sit here exhausted
now, after this morning is probably the best evidence of
validity of the picture.
Making major improvements in Human resource management
will offer a number of benefits and an avoidance of this.
The benefits of the full and successful implementation of
human resource management and system, should out -weigh
significantly its incremental staffing costs. That savings
will not be savings of dollars necessarily in the traditional
business sense, but rather in terms of quantitative cost avoidance
producing more units of service under existing manpower levels,
as well as qualitative service improvements, improving the
level and effectiveness of existing city services, and in our
report we provided you with specific examples of this in the
areas job analysis and work measurement and other productivity
improvements, accident and injury reduction, employment processing
improvements and other forms of cost avoidance in less tangible
forms. The improvement of employee skills, through on -going
aid effective training programs,can contribute significantly
to productivity improvement. Our past experience indicates
for example that the dollar value of such programs is usually
equivalent to one to two percent of total staff salaries. Other
benefits include improved development opportunities for minorities
and for women. Examples are provided in exhibit 6 following page
65 of our report. These figures alone represent benefits of over
three and half million dollars annually and vastly improved jobs
for City employees. But this is not going to take place over night,
and it is not going to take place in a series of months, it is
a grad,ial process of change that requires action by the Commissioners
the office of the City Manager, the Civil Service Board and its
staff. And this implementation must take place in a gradual and
coordinated way with participation by those directly concerned
and affected. There are four stages to it, and we are now in
stage one, that is the formulation of a datailed work plan, for
implementing the Human Resources Management System that reflects
the policy priorities of the City Government and secures formal
? 91 APR 1d'i914
Commission approval for specific actions as required. That is
the first step. We have been at the point of taking that first
step for almost four months now. Nothing can be done until that
is done, and everything that is done after it is done, will
take time, time in the form of months. The longer we take to
begin, the sooner we will find ourselves in the situation we
had this morning, of having to wait while present inequities
go uncorrected, because the mechanisms to deal with them take
months to develop.
The staff requirements cf the initial year are estimated
to be five people. We have structured our recommendations
in a way that as we have repeatedly pointed out, you can start
relatively inexpensively, and if after starting, you feel you
have made a mistake you can turn back, because nothing that
will be done will be done without your approval, in terms of
approving the existence of this concept, and the transfer, of
certain administrative functions, arcs that which you have changed
it is obvious to point out, you could change back. The total
additional cost to the City for the first year of implementation
is estimated to be approximately $82,000. the remainder of the
new department budget will be off -set by decreases in existing
department expenditures, including the trans,,of some current,
some current office of the Civil Service Board, and other
department employees, as departments and functions are merged.
In considering the implementation of the Human Resource
Management system, the Commission should recognize that the
establisiment of the full concept will strengthen the Civil
Service System, while allowing better management control of
a city service delivery. We actually went through in our
report exhibit 7 following page 66, a detailed summary of
existing responsibilities in this area, in Miami and as
proposed under the fully developed Human resource management
system, as can be seen from the exhibit, no changes are recom-
mended in the Civil Service System that alter or diminish the
basic policy of merit based employment. No changes are recommended
that change the policy making advisory appeals fact finding
or adjudicative authority of the Civil Service Board. procedural
changes are recommended that affect the routine administrative
activities of the office of the Civil Service Board, and the
office of the City Manager. The role of the Civil Ser. Board
is re -focused as a policy making advisory and appeals body,
strengthening its fact-finding and adjudicative authority
and its ability to serve the Commission. As Mr. Huttoe pointed
out so well this morning, the position of being judge, advocate
and jury, is one that presents a potential conflict of roles.
It is one in which the Civil Service Board presently functions.
It's potential conflict of roles would be eliminated. Furthermore,
the proposed system includes programs and activities in eight
areas not addressed city-wide by the traditional system, including
man -power utilization employee development needs assessment, on
the job development and career planning.
In summary, our analysis, our experience and our professional
judgement lead us to conclude that the over-all result of cen-
tralization of Human resource related administrative responsibilities
in a human resource services division, under the City Manager's
administrative responsibility will strengthen the Civil Service
system and the City's ability to serve its citizens,its visitors
and employees. It has built into it the checks and balances
needed to maintain the integrity of the merit based civil
service system and the integrity of employee rights. Change
as we know, is frequently difficult to accomodate, particularly
change that comes quickly and is forced on us chaotically. The
approach we have presented provides for change in planned and
92 APR 1F 1974
systematic way that reflects the times in which we live now,
and not the one which once were.
Given the Commission'$ concern about service delivery
to Miami's residents, and given the fact that the quality
of service delivery is a direct result of the people in
City government. The Commission we suggest must act to improve
human resource management now.
There is in our judgement only one realistic option
to persue, we can chase other phantoms, but there is only
one realistic option to persue, to end the development of
a patchwork solution that will only create continuing problems
that you and future commission will be dealing with next month
and in many months ahead, and that is the establishment of
the system as described in our report, by giving it yam
approval.
I thank you. ' t
Mayor Ferre: Are there any questions? Mr. Paul Andrews,
I think it very appropriate that you express yourself at
this time. Let's wait till Mrs. Gordon gets back here, because
I think this is important.
Rev. Gibson: I want to say, whether what' you recommend
is what we do, or whether what you recommend is what we want
to do, I must admit that apparently you hav4 succinctly put
us in focus. It reminds me of guys who preach sermons, who,
sometimes I do it myself, sometimes I am not in a position to
convert anybody but I think maybe I listen to you.
Mr. Matlin: I would hesitate to preach at the Commission
and I would hesitate to preach at a Preacher, but you are
if I may step back and look at the City of Miami in the
range of cities that Ive worked with, you are at a cross-
roads. Whether or not you ought to move, the road is moving,
and you may decide to stand still, but the road is going to
move and when that road moves you are going to get to the
cross-roeds, and the choice is going to be made for you,
or you are going to make the choice. As I have watched
this process, and I have thought it through in my own mind,
as I have had the benefit of the time of the last four months
to think over what we said, in my own mind, I can tell you
I find the reasons for moving on this compelling, because if
you don't move the movement will take place around you.
Mayor Ferre: It isn't that we are on a road, we are on
a fact moving stream, and we are in a canoe. Now, Mr. Andrews,
let's hear from you.
Mr. Andrews: Mr. Mayor and members of the Commission
I don't know if I am capable of furnishing you with the
proverbial paddle so you can find your way out of this
stream, but I want to express to the Commission that I
have spent many hours, I am sure the Commission has and
others, in examining this proposal of Booz Allen very
carefully, and I hadn't realized, and I don't mean any
disrespect to Mr. Paulk or the Civil Service Board, because
they over the years have filled a void that has existed in
the City in major administrative areas in so far as the
Civil Service Board is concerned. The City Management of
the City has filled other areas. There is a third area that
neither one of us is aware of, that has come into light in
more modern times of beginning to analyze in a scientific way
what human resources is really all about. Just the area of
job engineering is one of real significance. Perhaps it is
an old tool of management in human resources field but it
93 APR 181974
is newer to tie, and newer to a lot of other 'people in the
Miami area. I Certainly subscribe to what Booz Alien is
proposing and I think that if all the employees had the
Opportunity and the exposure that I have had in discussions
with Booz Allen, in quizzing them I think they might arrive
at the same conclusion, at least I hope that they would.
This is an extremely important step for the City. I've
watched the City Commission labor through an equally important
area when you considered a revision and modernization of the
approach to zoning and Planning in the City, splitting up of
one Board into two Boards and quite a change in the ordinance.
I think that was a very po sitive step and I think if you
take this one it can be a very pa sitive step. I think the
steps can be taken in such a way that it can be demonstrated
as the months go by that there is in fact a trememdous
improvement in human resources because we will then be in a
position to do that which we havent been able to do for the
administrative side nor that which the Civil Service Board
has been unable to do, and that is to surround ourselves of
with professionally identifiable people that will carry certain
specific functions in the human resources area. I hope, certainly
recommen'3 to the City Commission that they adopt it. I strongly
urge that you do so.
Mr. Plummer: Mr. Mayor if I may, I readily admit to you
and let me say, and I want everybody to hear this, these
people sitting here before you have caused me more sleepless
nights than anything in City business, and I think they took
advantage of me really, because they schedule their meetings
starting at 9 o'clock at night and no ending. The first meeting
we had together concluded about 3:15 in the morning. The second
meeting which took place two nights ago, !•1r. Matlin begged off
as being sick, I don't really believe that, but he begged off,
started and ended at 1:30 in the morning or somewhere similar.
Mr. Mayorrof the casual over -view that I have had of the
human resources section of this proposal, I concur rightly that
there are many facets of this proposal which this City needs,
and I will use the terminology of Mr. Matlin, that the road
is moving, but we have a disagreement as to which road we
want to go. All I can say to you Mr. Mayor, and I will say
to my fellow Commissioners, I would like the opportunity to
have more time to go into more depth, since I admit that I
did, not, that I spent more time on the other section, than I
did on this, but I would like to go into depth in each and
every facet as it appears here. because the only difference
we have,is my difference, is under whose administration or
aithority it appears. These people made one statement and I
want all of you to remember, because I don't believe we have
ever had a g roup who have come to this City that haven't done
to us the very same thing every time, where these people have
already on the record admitted that they will do it the right
way. That is, that most of the times that this Commission has
a group come in to make a study, they make their study, they
drop it here at this desk and they are gone, and from that
time on, we are in problems. Whatever this Commission decides,
as far as human resources management is concerned, this group
is pledged to stay here and see it through to its completion,
and I think that is an important facet.
The only thing I would like to conclude by saying Mr. Mayor
I think the recommendations they have made in most cases are
recommendations of this Commission eventually must accept
but I would like to have as I think the rest of this Commission
would have the opportunity to go into this in more depth that
I have been afforded at this time.
94
APR 1Esr'74
Rekr. Gibson: J. L. whose payroll are you on?
Mr. Plummer: Whose payroll am I on?
Rev. Gibson: (inaudible reply)
Mr. Plummer: Well if I am on their payroll Father, I
haven't seen the check. By the way, my father questioned
the same thing. Father, I'll will tell you in this last
week that I have dedicated 39 hours of my time to this City
and I am not including the major fires I went to.
Mayor Ferre: And that doesn't include the 22 hours he
spent chasing, ----
Mr.. Plummer: What?
Mayor Ferre: I didn't say.
Mr. Plummer: Mr. Mayor if it is appropriate at this time
that we accept Booz Alien report in principle, I guess so
they can get some money, is that correct, accept their report
in principle, but leaving the leeway to go back into it in
more depth in both segments, both the DCM segment and the
human resources segment. Mr. Mayor I do have very serious
questions which I have already posed to these people,
that I have already raised to these people, and this is
something we have to go back into a little bit more in depth,
a great deal more in depth.
Mayor Ferre: It is my opinion that the City of Miami,
is and has been, for a long time, going down the stream,
down the road, where eventually a basic decision had to
be made. I don't know yet what that decision is going to
be, or what the other side of the road, after we turn a
couple of times will be, but I do know this, I do know
that the City of Miami is a viable governmental entity.
I do know that the City of Miami has a reason for existence.
I do know that the City of Miami has future. I do know the
people, the citizens of the City of Miami want to maintain
the City of Miami as a viable government to render a reasonable
service to the people. I do know that there are elements in this
community that are all well knowhto us, that have continually
time after time, day after day, year after year, attacked the
City of Miami, in any of the weaknesses that the City of Miami
may have. The attacks have been aimed at our jugular vein, not
at our Achilles heel. they have been aimed directly at our
jugular vein. It has been a serious attack and I think the
City of Miami had at times difficulty surviving it because
of the barrage and the strength of the attack, but we have.
And I might say we have because of the faith of the people
of Miami who have on repeated occasions when the matter on
the past decade been brought up to the electorate for a decision
have come out and overwhelmingly voted for theCity of Miami
side. I am specifically referring to the attempt at consolidation
of the Police and Fire Dept. for one and specifically I am talking
about the Parks for People program, and the previous bond program
which included a city of Miami Police facility in excess of
20 million dollars which obviously those who do not want the
City of Miami to continue to exist, are completely against.
And yet we have been able to survive all these tests. Time
and'time and time again, I might say from a personal point of
f
9.5 APR 1 ri-�
a was involved in one of those testa in the recent election.
There is no question about what the issues were, and I was
able to survive that test 1 think partly or greatly because
of the position that 1 took in reference to the City of Miami.
Here is the point I want to make, throughout these tests
that the City of Miami has been put to, what our opponents,
whoever they may be have not realized that what they have
really done is strengthened the City of Miami. They have
strengthened the City of Miami because by constantly criticiz-
ing it, they have pointed out our weaknesses, and by pointing
out our weaknesses, they have enabled us to attack our weak-
nesses, and to attempt to correct them, and as a result of
that process in my opinion, the City of Miami has become a
better City rather than a weaker City. Now, Milton Eisenhour
and his now famous report on Urban Government is concluded,
that the best form of government was a two-tier from of
government. Mrs. Alexander who is on her way up to Totonto
and I hope you get a good look at the way Metro works in
Toronto. That is the way Metro should work in Dade County,
but Metro is not working that way because there is still
this day a confusion between what they in Metro are supposed
to be doing in this community and what we are supposed to be
doing as municipalities. Now, you hear a lot about we are
trying to function as a Metropolitan government, or we are
trying to fit into that place, or there is duplication of
services, but we never hear from our critics about the dupli-
cation of services on the other side, the other side, are they
trying to usurp Municipal positions, or avoiding their respon-
sibility for the Dade County citizens that live within the
Municipal boundaries of Miami, and I am specifically talking
about the taxes that we in Miami pay to Metro which 23% of
taxes that they collect, which we don't get back in the
same proportion, and I want to tell you, Mr. Manager and
my fellow Commissioners, that as we begin, and we are only
a month and half away from budget process, I for one, and I
am going to ask each and everyone of you to address yourself
to that point before the Metropolitan Dade County Commission.
I intend to go there and I intend to analyze the Metropolitan
Budget and I intend to say we represent 23% of this community,
and we expect to be recognized and treated fairly, because
when you tape about duplication of taxes, the shoe fits the
other foot as well as this one.
Now what does that have to do with all of this? It has
a lot to do with it, because it seems to me, that once again
and this time of our own making, but not really of our own
making, of the making of our critics. We have gone to the expense
of getting for ourselves one of the top management consultants
in the U.S. They have addressed them selves to the basic
serious problem in our midst. We can do one of three things
like everything. We can ignore it, we can accept or accept
parts of it. Those are the three things we can do. There are
no other alternatives, --I am against ignoring it, because it
seems to me these people have gone to a lot of effort and we
have gone to a lot of expense to get someone knowledgable in
this field to point out our weaknesses. If we do not take advantage
of this and try to assimilate, analyze, and understand what has
been presented, then we ourselves will be exposing our own jugular
vein for someone to pierce, and believe me it will happen.
Now, that we have kind of opened ourselves up for in-
spection, which is what this really does, we have now put the
spotlight on, we have climbed up on the operating table on
913 APR181974
our own, we have somebody with a fine surgical knife to out
into the middle of our being, and it is now exposed to the
rublic. ?or us to ignore what is obviously exposed, would be
in to y opinion to deny the responsibility we have been elected
to do, or appointed to do as the case may be. I want to state
that in deference to my ftiend and to my fellow commissioner,
J.L. Plummer, I for one as Mayor will be happy to wait as long
as you think reasonable to come to the conclusion on this
matter. I want to state however, that I feel fairly strongly
that we must do something. I have some fisted ideas as to
what that something is. I have not finalized my thinking
nor am I saying that it would not change after proper debate
and discussion of the items. I am certainly in hopes that we
will be able to :.address ourselves to this document as it has
been presented, because I think this document stands well on
:its own. That does not in any way infer that I am against
the rest of this proposal, and I am talking now about the
management structure, and the organization. But I think this
is an area which stands fairly well on its own, and I think
we have to address ourselves to it.
There is one other thing, and I hope you forgive my
being so longwinded, I can't think of anything more important
really that comes before us than this matter. There is one
other thing I want to address myself to, and it is not involved
in these discussions but I think by implication we have been
skirting around with it and I want to face it head-on today,
and that is the make up of this Commission, and the procedures
we on this Commission have used traditionally. Ladies and
gentlemen, as archaic, if that is the word, I won't say
obsolete, because I don't believe it is obsolete, I would
say that things have to change with
really what this is all about. This
people, the way we choose, motivate
stand Commissioner's basic concern,
the time, and that is
document deals with the
and move people. I under -
which I share somewhat,
and that is who is going to hake the final responsibility of
making these improvements work. I understand that, and we
have address ourselves to that. There is also the question
of the administration itself, and how the administration works
to render a better service, the people ofMLiami. What hasn't
been talked about, and what isn't part of this, and should
be part of this, is how this Commission functions, and how
this Commission functions to service the best needs of the
people of the City of Miami. It is my opinion, that as this
document defines areas of interest, in the administration,
that a legislative branch traditionally paraphrases if you
will, copies, mirrors the administrative process. We see it
in our federal government, where we have legislative committees
that follow the administrative branch. I had the pleasure of
serving in the Fla. Legislature and I remember very well, when
I came to the conclusion very quickly, that the legislative
procedure could not work in Tallahassee if it were not for
Committee work that was done by the legislative branch.
That is the whole heart, the whole key of the legislative
procedure. We don't have that here in the City of Miami Commission,
because we function here as a committee of the whole, in other
words we sit here, as we did last Thursday and before that
and we spent hours and hours taking testimony, listening to
presentations in great detail in matters that should not be
taking up the important schedule of the City Commission, which
could be just as well done in a proper legislative conotation
like committee meetings. This is not the time to get involved
in this. I am just putting it out to my fellow commissioners
1,
97 APR 181974
for their thinking because when we attack these, and I know
they have to be attacked separately, I am personally going
tx0 come up with a plan which I will give you plenty of time
to think about, I want your full in -put and if 1 can impose
on Hoot Allen and Hamilton to help us, without getting into
some long winded elaborate report, to how does the Dallas
system work. I know that in Dallas, the City of Dallas has
a legislative division. I am well aware Mr. Andrews, of the
potential danger, that if you get a City Commission that
is divided on committees which parallels or mirrors the
administration,- -if you fall into the danger of one of
those Commissioners trying to superimpose themself at
the administrative level. We always have that problem
in the legislative branch, you see chairmen of Congressional
committees asking, having hearings, and imposing themselves
on administrative boards. I recognize the danger of that
on the other hand I think we can safeguard properly against
the usurpation of the administrative role, and at the same
time advance the cause of better information at the Commission
level, and a better rapport between us and the administration
which as you well know, and have admitted, sometimes have been
lacking in the past.
Mr. Plummer: Mr. Mayor, let me back up briefly, if I can,
.3omething you said just now.
Mayor Ferre: I just want to point out, and then I am
finished, that what we have been addressing ourselves to is
a, ---the two of the three, areas of importance in theCity
of Miami and I think that they can be heard separately
even though are inter connected, I propose to you that we
do take up the human resources one first, because I think
it is the most important one, that we also take up the
administration, because it is equally important, as quickly
as possible, but that we not ignore and address ourselves also
in this whole procedure as to how the City of Miami Commission
is run, what our specific roles are, how we function and what
the ultimate results are, so in closing let me say I hope in
the next two or three months we will be addressing ourselves
to these area and that we will also address ourselves because
as a fourth item it fits into this whole overall pattern, not
only to our budget to Metropolitan DIde County and how it
affects us.
Mr. Plummer: Let me back up just exactly what the Mayor
has said by telling you that last night I sat for four hours
up in the Manager's office and I think one of the most en-'
lightening meetings I ever sat in, and it was that area of
the new Police facility which you designated Father Gibson
and I to look into in greater depth, and I think a lot of
lessons were learned last night. It took a lot of people's
time, but Mr. Mayor this is exactly what you are striking
at there. I believe greater understanding could lave been
reached by this Commission, had that committee meeting took
place before we brought it up here, hassled it out, wrung
it through the wringer and I am going to tell you something
as a'preview to my report, so many misunderstandings that
appeared in the press, and the press wasn't wrong, because
they picked up what they heard here in a 15 minute presentation
but I am going to tell that I felt that the four hours and I
can't speak for anybody else at that meeting including the
Chief, Mr. Bergstrom the City Manager, Mr. Grimm, the gentlemen
from SRI, I don't think I have spent four better hours in
behalf of this City than I did last night and had we followed
the procedures that you are now advocating and thrash that out
in committee, and then made the reportbefore the Commission
98 APR 181974
not only would we have saved a great deal of time, at this
Commission level, but this Commission would have had a better
understanding, because one of the Commissioners had the full
in -put and I think Mr, Mayor that is very important.
Now, if I may Mr Mayor, as a result of that meeting
last evening, and I will stand corrected, it was the agreement
of everyone except,who was not there, let say that, Father
Gibson had to leave, but it was the feeling of everyone there
including myself Mr. Mayor, that we engage Boot Allen for a
period of 90 days for a separate independent study of the
over all needs of this City for the data processing system,
which we are about to implement. Mr. Mayor without question,
and regardless of what my report will be to this commission,
I will tell you this is a must, it will cost in the neighborhood
Mr. Mayor,some 40 to 50 thousand dollars. Let me tell you briefly, ---
Mayor Ferre: Wait a minute, you are not a computer expert.
You are talking about bringing in computer experts, is that
right.
Mr. Matlin: I am talking about bringing in one of
my partners. We have approximately 100 people who are involved
in data processing analysis for governments only.
Mr. Plummer: Mr. Mayor I think it is a must and here
again this is one thing that could have been resolved before
it got to this commission and then come here for final
action.
Mayor Ferre: All right make your motion. You see the
point Plummer is trying to make, or has made, an3 I was
trying to make, and I hope I made, is that when we come
to these chambers, we have these people sitting here waiting,
and then you have an agenda and I try to carry it on without
offending anybody and half the people get offended because
I push them a little bit, and then the next thing you know
we an hour and half behind schedule and then we can't have
lunch and we can't do this and it is the endof the day
and all of a sudden we are here at 9 o'clock deliberating
and we still haven't finished, some of these thing are too
important and take up too much time for us to be able to
a)lve the way this Commission has traditionally solved these
matters, and we have to learn our lesson, this is a legislative
f rm of government. We are the legislature of the City.
Rev. Gibson: I want to say to the public, I regret I
had to leave early, but the part that I heard, fortunately
just made sense. We were talking about things that really
didn't exist, and we were talking about, we were laying blame
on people, ---
Mr. Plummer: Father, please don't circumvent our report.
Rev. Gibson: Good enough, let me ask a question. Sir,
you were part of the team we were dealing with last night.
I'd be happy if I could get this answered. You concur with
the resolution we are about to pass?
Mr. tMatlin: Yes, I concur, but I have no authority.
Rev. Gibson: The point I make you have made some certain
recommendations.
Mr. Matlin: So far as the Police department is concerned?
99 APR 181974
Rev. Gibson: Yes. Now, I am ready to second the motion
because I know what went on.
Mr. Plummer: Let me read the resolution ---"A resolution
authorizing the City Manager of the City of Miami to amend
the scope of services of the agreement entered into with
firm of 800z Allen Hamilton as authorized by resolution
73-892 to incorporate the additional work elements necessary
to perform addition, a management services and data processing
study and further authorizing the City Manager to negotiate
the cost of the amended scope of services utilizing the funds
which have been provided through the ordinance 8217'---the
only thing Mr. Mayor, and it doesn't have to be a part of the
motion, is it was also brought out in this meeting last night,
of a 90 day time frame. Mr. Matlin will you address your self
to that sir,
Mr. Matlin: I cannot absolutely guarantee you that we
can get it done, I am afraid at this point I sound like the
testing people this morning, within 90 days dotting all the
'i's' and crossing all the't's', it is a matter of laying
on enough people in an .efficient way to get it done within
90 days from today.
Mr. Plummer: Can we say July 1st?
Mr.Matlin: We can, and I have never made any committments
to this Commission that I have not met to the day, and I don't
want to start now. I will guarantee you one way or another,
we will have within-90 days what you need to make your decision,
whether or not it is pretty.
Mayor Ferre: I want to ask a question then I want to
make a point before we vote, because I got to catch a plane,
at least I am going to vote, because I got to catch a plane,
you guys can keep on talking. Now, where are you going to
get the $40,000?
Mr. Andrews: This is part of the federal revenue
sharing money that was allocated, --
Mayor Ferre: You've got it?
Mr. Andrews: Yes.
Mr. Matlin: Please don't let that number fix in your
mind, because we are trying to define what the scope of it
is.
Mayor Ferre: It might be less?
Mr. Matlin: Of course.
Mayor Ferre: I expect for it to be less.
Mr. Matlin: I can assure it won't be.
Mayor Ferre: Now that you have brought up the subject,---
Mir. Plummer: I offer that in the form of a motion, ----
Thereupon the following resolution was introduced by Mr.
Plummer who moved its adoption:
100
APR181974
Nr. Matlin: ----yes.---
Rev. Gibson: All right now, I am ready to second the motion
J.L. because 1 know what went on, ---
Mr. Plummer: -all right, because the City Manager,----
let me read the resolution, --"A resolution authorizing the
City Manager of the City of Miami to amend the scope of
services of the agreement entered into with the Firm of
Booz-Allen and Hamilton as authorized by resolution No. 73-892
to incorporate the additional work element necessary to perform
additions, a management services and data processing study
and further: authorizing the City Manager to negotiate the
cost of the amended scope of services utilizing the funds
which have been provided through Ordinance 8217'---the only
thing Mr. Mayor, and it doesn't have to be a part of the
motion,is it was also brought out in this meeting last night
of a 90 day time frame. Now, Mr. Matlin, will you address
yourself to that sir?
Mr. Matlin: I cannot absolutely guarantee you that we
can get it done. I am afraid I sound at this point like the
testing people this morning, within 90 days. dotting all the
I's and crossing all the T's. It is a matter of laying on
enough people in an inefficient way to get it done within
90 days from today.
Mr. Plummer: Can we say July 1st?
Mr. Matlin: We can, and I have never made any committments
to this Commission that I have not met and I don't want to start
now. I will guarantee you that one way or another, we will have
within 90 days what you need to make your decision, whether or
not it is pretty.
Mayor Ferre: I want to ask a question and then I want to
make a point before we vote, because I have to catch a plane,
at least I am going to vote, because I have to catch a plane,
---you guys can keep on talking.
Now, where are you going to get :the $40,000.?
Mr. Andrews: It is part of the Federal Revenue Sharing
money that was allocated, ---
Mayor Ferre: You've got it?
Mr. Andrews: Yes, sir.
Mr. Matlin: Let me also point out, that the $40,000.---
please don't let the number fix in your mind, because we are
trying to define just what the scope of it is.
nayor Ferre; It might be less?
Mr. Matlin: Of course, (laughter), ---
Mayor Ferre: I expect for it to be less.
Mr. Matlin: I can assure you it won't be.
Mr. Plummer: I offer that in the form of a motion.
Mayor Ferre: We have a motion and a second, call the roll,
Thereupon the following resolution was introduced by Mr.
Plummer who moved its adoption:
100
Apr. 18,1974
11
RESOLUTION NO. 74-307
A RESOLUTION AUTHORIZING THE CITY MANAGER OF
THE CITY OF MIAMI TO AMEND THE SCOPE OF SERVICES
OF THE AGREEMENT ENTERED INTO WITH THE FIRM OF
BOOZ, ALLEN & HAMILTON, AS AUTHORIZED BY RESO-
LUTION NO. 73-892, TO INCORPORATE THE ADDITIONAL
WORK ELEMENTS NECESSARY TO PERFORM MANAGEMENT
SERVICE AND A DATA PROCESSING STUDY, AND FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE COST
OF THE AMENDED SCOPE OF SERVICES, UTILIZING THE
FUNDS ;PINCH HAVE BEEN PROVIDED THROUGH ORDINANCE
NO. 8217
(Here follows body of resolution, omitted here and
on file in the City Clerk's office.)
Upon being seconded by Rev. Gibson, the following
resolution was passed and adopted by the following vote -
AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso,
and Mayor Ferre. NOES: None.
Mayor Ferre prior to casting his vote: I have a thick
hide, and I don't care what anybody editorializes, but we
are all subject to thoughts of people misunderstanding. You
recognize of course that what can be said about all of this,
is that we are getting a consultant to consult with the con-
sultant, or a consultant to analyze what our other consultant
1d, recognize that.
Mr. Plummer: No, sir, ---
Mayor Ferre: I know that isn't the case, I am just
saying that somebody can acuse us, and I want to make
very sure that we understand, that what we are in the midst
of doing is moving into, an inovative, a brand new field of
computerizing police services which has never been done to
the extent we are planning to do it anywhere else in the U.S.
that anybody has heard of. Parts have been done here, and
parts have been done there, and there are parts that haven't
been done anywhere, but as a total package, it is unheard of
it is new, it is pioneering, it is imaginative, but like all
pioneering, imaginative things, it is fraught with danger.
I think $40,000. is very cheap indeed to make double,
and triple sure that we are not going into --that we are not
going to be walking on such thin ice we are going to go down
with it, so I vote 'yes:'
Rev. Gibson: Mr. Mayor that is why I asked the man
from SRI because I know it could have been misunderstood.
Thank you very much.
Dr. Wegand, Stanford Research Institute: What we concurred
in and understand fully that there is an absolute need for
all City data processing facilities to be fully coordinated, ---
Mayor Ferre: What?
Dr. Wegand:--to be fully ^oordinated, whether it is
the City center, or the Fire Dept. or any element of the
City they should be compatable, and we are convinced that
compatibility is not only possible but will happen. We agree
that Booz Allen should look at the overall City, needs, --but
101 APR 1. 81974
we are also convinced that the police department computerization
So far as its operational computers are concerned will be com-
eatable with what you come up with in the City.
Mayor Ferre: Let me make a statement to you, and a charge
to you in your report. One of the things I think you must address
yourself to is, is this a duplication of what Metropolitan
Dade County has, because that is one of the basic question that
is going to be asked, is it compatable or is it a duplication,
how is it different, how will it fit, how will it fit with
Washington, with Tallahassee, what exactly will it be doing,
how risky is it, is this something that IBM and RCA and the
srajor corporation are willing to undertake or are we going to
have to go to Switzerland or Japan to get some company to do
it, because none of the big companies here are willing to
tackle it? These are basic questions that I think have to
be answered.
Mr. Plummer: Mr. Mayor the City Manger reminds me so
Booz Allen can get some money, and I am sure that professionalism
make them refrain from even bringing the subject up, that we
must accept in principle their proposal as given to us with
the Human Resource Management Program, I will move at this
time we accept their recommendations in principle,
Thereupon the following motion was introduced by
Mr. Plummer who moved its adoption:
MOTION NO. 74-308
A MOTION ACCEPTING IN PRINCIPLE THE HUMAN RE-
SOURCES PROPOSAL SUBMITTED THIS DATE BY BOOZ-
ALLEN & HAMILTON, AND REQUESTING THE CITY ATTORNEY
TO PREPARE AND SUBMIT TO THE COMMISSION AT ITS
NEXT MEETING A PROPOSED RESOLUTION TO EFFECTUATE
THE INTENT OF THIS MOTION
Upon being seconded by Rev. Gibson, the motion was
passed and adopted by the following vote -AYES: zrs. Gordon,
Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES:
None.
Mayor Ferre: I think we also need a motion on this
report you were beginning to make an hour ago.
Mr. Plummer: No, that was accepted seven months ago
by the City.
Mayor Ferre: We don't need that to pay the money?
Let's see if we can leave it this way, Mr. Andrews so
we all understand each other. Where are we going and
what is the next move?
Mr. Matlin: Mr. Mayor, may I make a suggestion before
any motion is made, I pointed out in my formal remarks to you,
that whatever you decide to do is going to take time. One
thing that is going to make everything else wait on it, is
the recruitment and entry into of service of a director of
this Human Resource Services unit. In order to implement
the recommendations we made in the report, you will need
some, as you pointed out yourself, skilled professional
who has broad experience in the Human Resource area. I would
suggest to you, that as the recruitment of this person will
s 102 APR 1 1974
'1
take months. That perhaps you may wish to authorize the
beginning of the process of recruitment now, so that the
time and the clock can begin to run. Simply to authorize
the recruitment of the Human 1esburces Service unit so
that the process may'begin, and that time may begin to
elapse now.
Mayor Ferre: What he is saying is, that we ought to
authorize the beginning of the recruitment of the Manager
for that particular job.
Mr. Matlin: That is not the Deputy City Manager, that
is the guy who would report to him if he ever comes into
existence, but he is the key to getting everything else
done, and it will take you months to find him and get him.
Mr. Plummer:That is why I want this delayed and kept
it out until we can go into the full scope of the picture.
Mr. Mayor I don't know that it takes any authorization of
this Commission, but just so there will be no misunderstanding
I hope that every member as well as myself in particular,
because I have going into this in great depth, has the
authority and latitude to be in touch with Booz Allen
for further consulting between us, and I don't want to
get myself in any box here that I went to these reople and
I overlooked somebody, so if it is fully understood by the
Manager and by the Attorney, that I as a Commissioner have
every right to consult with these people as much or as little
as I want to.
Mr. Andrews; You have to fully recognize that under
the present structure the Civil Ser. Board are responsible
to the Commission and this is affecting them as it affects
the administration, and you are responsible for the entire
City so,
Mr. Plummer: Don't want to be called on the Carpet
later that I stepped out of line.
Mayor Ferre: I don't want to leave this thing hanging.
It is my hope and I want to see if everyone is in concurrence
that we are going to bring this up for some kind of decision
by this Commission, say some time the early part of May.
Mr. Plummer: Mr. Mayor I think realistically you are
going to be looking around the first of June.
Mayor Ferre: I'd like to see it done in 1•lay if possible.
And I would like to do it this way, and I am going to have
to request from all of you, and I am sorry, we are going
to have to take a little more time. we may have to have a
special meeting again in May wherein, I would hope come to
a conclusio n on this matter and start getting into the other
one.
Mr. Plummer: I agree. Let's say Mr. Mayor so that I
can ease your mind maybe a little bit, that if you want,
we will take very definitive action on the proposals of
Booz Alien, not later than the first meeting of June. It
doesn't preclude we can't do it the first or second meeting.
Mayor Ferre: I would like to tell you and request of
you and my other fellow commissioners, that we set a day
103 APR 181974
sometime in May to continue these discussions, and I would
recommend that May 16, in the middle of the months might
not be a bad day, it fella on a Thursday. So why don't
you look at your calendars and schedules and when we come
back on the nth, if Booz Allen would inform the Manager's
office as to what date would be acceptable to you, some
time in mid May then we will proceed that way.
Mr. Matlin: May 16 is excellent for me, but I must
on that day be out in time ---by 3:30 P.M.
Mr. Plummer: What about May 30th.
Mayor Perre: Does anybody have any conflicts on May 30?
Mr. Plummer: Mr. Mayor what I would then say is, lets
schedule it for May 30 at 9 A.M. and no other items be
scheduled for morning. Mr. Andrews, did you hear this,
that this is scheduled for 9 A.M. May 30th, and you are
not under any circumstances to schedule anything else
for the morning.
Mr. Andrews: The easiest thing for me to do is follow
the directions of the City Commission.
Mr. Matlin: I'd like to thank the Commission for the
continuing confidence it seems to have in us despite our
continuing presence.
Mr. Plummer: Not at all, I'd feel much to the contrary
if you wern't here. You have nothing to hide.
Bobby do you wish to speak on this?
Mr. Robert Paulk: Yes, I do have a question. I believe
that in the analysis that was extended to the Commission
by the Civil Service Board and staff that we very definitely
flagged certain Charter provisions which ultimately must
be faced.
Mr. Plummer: Bobby, I have them all right here. We didn't
go into them.
Mrs. Gordon: J.L. for one moment please. I want to read
this resolution, ----
Mayor Perre: Rose is the 30th acceptable to you now,
May 30th, and to Father Gibson? everybody here acceptable?
Booz-Allan, Manager? Okay,----
104 APR 181974
4. VOUSE BILL 1716-EXPRESSING SUPPORT:
The following resolution was introduced by Mrs. Gordon,
who moved its adoption:
RESOLUTION NO. 7A-309
A RESOLUTION EXPRESSING TILE SUPPORT OF THE
COMMISSION OF THE CITY OF MIAMI AND TfIE CITIZENS
OF MIAMI FOR HOUSE BILL NO. 1716; URGING PASSAGE
OF THE BILL, AND DIRECTING THAT COPIES OF THIS
RESOLUTION BE FORWARDED TO REPRESENTATIVE 4ARSHALL
HARRIS AND MEMBERS OF THE DADE COUNTY DELEGATION
OF SENATORS
(He.ce follows body of resolution, omitted here and
on file in the City Clerk's office.)
Upon being seconded by Rev. Gibson, the resolution
was passed and adopted by the following vote - AYES:
Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and
Mayor Ferre. NOES: None.
5. STATEMENT BY COMMISSIONER PLUMMER REGARDING THE FIRE DEPARTMENT
Mr. Plummer: I cannot let this go by and I was hoping that the
media would have been here. In the last 10 days, we have had in
this City 3, major fires. I want to -tell you that x. Andrews and
I in of the cases were there to see the City of Miami Fire
Department in operation. I want to tell you that as far as J.L.
Plummer is concerned, it made me very proud to be a Commissioner
in this City to see the coordinated effort of our men on these-.
locations and the tremendous job that they did. It was just
unbelievable. Just to give you an example, the one major in Coconut
Grove of a lumber yard.. Had they not beer in action as they, were,
right behind this lumber yard was a chemical factory and you -don't
know it but you almost had instant renewal in Coconut Grove if they
hadn't been as great as they were.
I am going to tell you that it made me very proud to be a Commissioner
in this City to see service being provided to the people that is the
finest service I have seen anywhere and I am proud to be a part of
it.
I want those 795 men to know that as a citizen of this City that
this Commission appreciates the fine job that they are doing.
105
.APR 181974
......+-wi.+w.rr..s•,;,r.rOriya•r.•wrsr..s..r.:rr ig.WWI" rva*r .r+. 4.0•a- f...ojL.rsr-..• it* v.,9:44git4ArtyerVI'f+„!Nr, ar,�,lc�tr'�:..r•N or
6 s DM . "`ARE CENTER BUILDINGS:
Mrs. Gordon: Mr. Andrews will you explain the resolution
that is needed for the shelters?
Mr. Andrews: --for the Day Care Center buildings. I
aM going to explain this to you, but Mrs. Gordon, I don't
have the full concurrence of the City Attorney, and under-
standably at this point, because this is a very complex
thing. They have been back there for the last 20 minutes
looking through the Charter to see how this can be accomplished
and, let's explain it, and maybe the Commission can act
on it and maybe the City Attorney can qualify it in some way
that it can be acted on.
You will recall at the last Commission meeting, you
awarded a contract for Panelfab, one of the three park
centers, --for the Day Care Center and you awarded the
contract, and it was the hope of the Committee to award
a contract to three different contracting firms so that
we can get three different buildings in order to check
the results of the use of those buildings in our parks
system as related to the Child Day Care Center.
Mobilese is the highest bidder and cannot be considered
under any circumstances. Game Time and Panelfab are so close
in the bidding per square foot, one is $31.76 and the other
$32.35 and the fact that this is the program, ---is in its
beginning stages, and the use of the structures are to be
analyzed as part of this whole program, it would be my
recommendation that we award two buildings to Panelfab,
the one we have already awarded and one more, plus an
additional award to Game Time for a third building. Now,
the complication that sets in is that Panelfab in the
submission of their bid, indicated in their bid that if
they were to receive the award for all three buildings, that
we could further reduce their bid by an additional five
thousand dollars, but in view of the fact that we wish to
test out the Game -time building, and we won't have an
opportunity to do so unless we take advantage of this
very close bidding process of $31.76 a foot vs. $32.35,
that we award one of the three buildings to Game Time
and one to Panelfab, and may I suggest at this stage that
the City Commission pass a motion indicating it is their
intent to accomplish this in the way I have described it,
subject to the City Attorney reviewing this and advising
you on the 25th.
Mrs. Gordon: It takes time to the day we order it, --
Mr. Andrews: Mrs. Gordon, they have a real serious problem here
and they had better advise you properly, otherwise we are
going to have some serious problems facing us .
Mrs.. Gordon:We are talking of sq. footage, J.L. and
the one does not provide a bit enough building.
Mr.Andrews: You have to go by sq. ft. You can't go
by the bid, it is $31.76 for one building and $32.35 for
the other building .
Mrs. Gordon: Right.
low bidder Mr. Plummer: Anytime I vote it is going to be the
106
APR 8197i
Mr. Andrews: The justification in the one bid which
i can support is that we have no structure that we can
test.
Mrs. Gordon: We didn't even pass a resolution last
week. A11 we did was have a motion.,
Mr. Andrews: We were going to bring a resolution
back but we are started in the direction of the one
already because, ---
Mr. Plummer: Which spark, ----
Mr. Andrews: I have forgotten which park but it
was Panelfab, ?bore Park, ----
Mrs. Gordon: We can't even order it really because
we don't have a resolution.
Mt. Andrews: There is more than just ordering, we
need to get the documents all ready which we are doing,
we have everything geared up to go ahead on it.
Mrs. Gordon: Will you have it for next week? No
questions at all?
Mr. Andrews: The question might be they are going
to tell us and you. that legally you can't do what you
want to do, that you are going to have to award it to
Panelfab.
Mrs. Gordon: The building is too small. Now can they
provide us with a larger building?
Mr. Andrews: Those are the thing they will take
into consideration.
Mrs. Gordon: It is buying one size automobile on
another. If you need a limousine you can't use a two-seater.
Mr. Andrews: I'll get with them and see what we can
do Mrs. Gordon.
Mrs. Gordon: We can't house enough children in the
Panelfab.
Mr.Andrews: That is the reason you picked the Panelfab
for one park and not the other.
Mrs. Gordon: We don't expect as large attendance there.
Mr. Andrews: I understand that.
Mr. Plummer: This gentleman here,
we take up your item next Thursday.
Mr. Andrews, this gentleman here,
resolved next week?
I want to make sure
can we get him
Mr. Andrews: I am not sure that you can. I've got
the 15th of April report on my desk, and it is an audit
of all of the positions in the City, and we are in the
process of analyzing it, and I'll try very hard to bring
it back by the 25th.
x u "t - APR 181974
ADJOURNMENT: There being no further business to come
before the City Commission, the meeting
was adjourned at 5:55 P.M.
ATTEST: H.D. SOUTHERN
CITY CLERK
MAURICE A FERRE
MAYOR
RALPH G. ONGIE
ASSISTANT CITY CLERK
108
APR 1 81974
CIVY OF MliAMI
DOCUMENT
MEETING DATE:
INDEX 16:96 .i
APRIL 18, 1974
� OF
ITEM NO4 DOCUMENT IDENTIFICATION
1
2
3
4
5
COMMISSION AGENDA & CITY CLERK REPORT
(3 pages)
SUPPORT OF THE COMMISSION AND CITY OF
MIAMI FOR HOUSE BILL NO. 1716
REPORT SUBMITTED BY DRS. JOSEFINA SANCHEZ
PANDO AND JETHRO W. TOOMER-ADMINISTRATIVE
ASSISTANTS FOR PERSONNEL TO THE MIAMI CITY
COMMISSION
AGREEMENT -FIRM OF BOOZ, ALLEN & HAMILTON-
PERFORM MANAGEMENT SERVICES AND DATA
PROCESSING STUDY
PARKS AND RECREATIONAL BOND PROGRAM
COMMISSION 1 RETRIEVAL
ACTION I CODE NO.
0003
R-74-309 74-309
0004
R-74-307 74-307
0005