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HomeMy WebLinkAboutCC 1974-05-24 MinutesM'IAMi CITY COMMISSION MINUTES OF MEETING HELD ON SPECIAL MEETING -MAY 24, 1974 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G. QNGIE ASSISTANT CITY CLERK HEM NI end Ufa 1 ORANGE BOWL STADIUM -USE FOR SPECIAL EVENT 2 POLICE DEPARTMENT -GRAND JURY REPORT- MORALE QUESTION 3 MOTION ACCEPTING THE PORTION OF THE REPORT OF DADE COUNTY GRAND JURY CONCERNING THE MORALE PROBLEM -POLICE DEPARTMENT 4 THAT THE CITY COMMISSION DIRECT THE CITY MANAGER THAT HE INVESTIGATE ALLEGED PROBLEMS WITHIN THIRTY DAYS ItADINANCE fESOLUTION 1'b, M-74-436 M-74-437 M-74-438 PACE NO. - 1-6 7-41 43-46 46-48 MINUTES OF SPECIAL MEETING CITY COMMISSION OF MIAMI, FLORIDA On the 24th day of May, 1974, the City Commission of Miami, Florida, met at its regular meeting place at City Hall in said city in special session called by the Mayor to consider business of public import. The meeting was called to order at 9105 o'clock A.M. by Mayor Maurice Ferre, with the following members of the Commission present: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. Absent: None. An invocation was delivered by Reverend Theodore Gibson, who then led those present in a pledge of allegiance to the flag. 1. ORANGE BOWL STADIUM - USE FOR SPECIAL EVENT: The Commission took up for consideration the matter of selec- tion of an applicant for use of the Orange Bowl Stadium on August 17, 1974, consideration of whic h was deferred at the meeting of May 23, 1974. Mayor Ferre:- Mr. Andrews, did you contact the representa- tive of the Campbell Company? P. W. Andrews, City Manager: Yes, I did. They are here today. We sent them a telegram in addition to informing theca verbally so there is no misunderstanding. May I furnish the Commission with additional information. This information was not available to me yesterday. I had directed that the information which I am about to produce be made available at the earliest possible date. It has to do with the way that other auditoriums, public facilities, make available their facilities when called upon to reserve dates. We canvassed War Memorial Auditorium in Fort Lauderdale, the West Palm Beach Auditorium, the Veteran Memorial Coliseum in Jacksonville, the Curtis -Hickson Hall in Tampa, the Atlanta Civic Center, the Centennial Coliseum in Reno, Nevada and the New York Coliseum in New York; and each one of these --and we have the Managers names who we contacted --every one of them indicates that preference is given to the first caller, and in most instances this is a condition which exists for ten days based on a call, and in several instances the second caller is given preference after ten days if the first caller does not respond or confirm the particular date. Now I indicated to you yesterday at the meeting that admittedly the City had a problem here because we were attempting to establish procedures to assist the promotion and use of the Orange Bowl Stadium. As a result of that, in so far as the application only being presented to the City we had a problem in that we had two applicants before us. When I got into this matter and I had what I believed to be all the facts before me pertinent to making a decision as to who should be considered first, it was my judgment, based on the ini- tial caller, that those people should be given consideration, as far as their application was concerned. Mr. Plummer: Before we get into any discussion by either party I would once again like to express my concern of yesterday, and I want to do it for these people who were not here yesterday. My concern is that of the City, and that concern is that if this Commission today is forced into a position of saying Group A or Group B shall be the recipients of the Orange Bowl on August the 17th. that irrespective of what this Commission does it is my fear MAY241974 that the other party will take it to court. The long and the tall of it is that this Orange Howl will not be rented from the City, which conceivably, if my figures are not too far off, could amount to a sizeable sum, eighty-five to a hundred thousand dollars in revenue to the City. Now I always like the best of two worlds. I am just wondering if it is not possible, since I am sure that the percentage will be the key factor, and fifteen per cent. is the stipulated fee, that we might suggest that the two parties involved, since there is a problem involved, an ad- ministrative problem, that we reduce the fee to twelve and a half per cent., flip a coin and say to you, heads A gets it, 8 you get it, on two different dates, and reduce the rental. I am just so scared, Mr. Mayor, that the City is going to designate A or B, and the City is going to be the loser. I am hopeful that some consideration could be given to where everybody comes out a winner. I am willing to listen to any argument, but I hope you can see the reason behind my argument. Mr. Manager, you might want to tear my argument apart, but I just don't want to see the City the loser. I am just hopeful that everybody can come out a winner. I think it is possible. The City has acknowledged the fact that we are in a grey area. We can maybe reduce the per- centage two and a half per cent. Any fee is agreeable to me. And we are still talking about, conceivably a hundred and fifty thousand dollars in revenue into this city. Attorney Rex Hyland, Jr.: I am the Atto::r_ey for Leas Campbell Adventures. I apologize for yesterday afternoon, but on I-95 my car ran out of gas. I borrowed my client's car, Mr. Campbell, to go to his meeting, and he didn't tell me that he was out of gas. I got there and the only people left at the meet- ing were Channel 4. Mr. Plummer, I would have to, in all due respect to the Commission, not agree with the flip of a coin. As an attorney and as a close friend of Mr. Campbell, this is not the way he can stay in business. I would also disagree with the figures that Mr. Plummer has been supplied with. We are not talking about possibly a.hundred thousand dollars. Mr. Campbell has tentatively, with the City, cleared a date for the third week --- Mr. Plummer: May I stop you, sir. You have told me all I need to hear. You don't agree, so we don't even have to hear from the others. Mr. Hyland: The only ---- is we are talking about possibly a quarter of a million dollars on one show alone, the Rolling Stones. That's to the City. I understand that the City Manager has proffered to you the facts of why he made his decision. If I may add to those, Mr. Campbell has dealt with the City not this time alone, but Mr. Campbell has had three prior operating dates with the City. Mr. Campbell has exercised the same procedure each time. Mr. Campbell had called up Mr. Rubio's office; had spoken to a lady named Pat who put his name into a book called the hold book. Mr. Campbell then goes back to the acts and ne- gotiates with the acts. When it is acceptable to them, then he comes back to the City and exercises that hold with an applica- tion. Mr. Campbell has done this --he did this in October for an October date at the City's baseball stadium. He did this again in the first part of February with the City's baseball stadium. He did this again the latter part of February at the baseball stadium. He has done this again for the first part of March in 5-24-74 2 the baseball stadium. Mr. Campbell has exercised a hold in each incident. This has been the operating procedure for the City of Miami at every facility they have. A person who wishes to exer cise the opportunity to use that facility calls the manager of that one facility; he places a hold on it; he then exercises that hold if he wants to. Every hall in this country honors those holds. If they want someone to release that hold they call up the person and say, we have a new applicant for the hold; you have so many hours or days to exercise that. That same thing was done in the last several days for Mr. Campbell. Leas Campbell Adventures had a hold for July 7th for the Orange Bowl. He was contacted by Mr. Al Rubio of the Parks Department and asked whether he was going to exercise that hold. As of yesterday Mr. Campbell released that hold for anyone else who wants to use it. This happened to also be Mr. Pincher's Rock Promotion company. Mr. Pincher recognizes that holds have to be honored, even though he is here contesting that they don't, or he would not have called or asked for the hold to be released on July the 7th. We are not talking about just one hundred thousand dollars to the City. We are talking about, on one date alone in the latter part of August, if it happens, two hundred thousand dollars to the City. This vascillation on the part of whether or not the City facility can or cannot be used for rock and roll concerts, or any kind of musical concerts, has left the business where most of us run, out of the City of New York, leery of coming into the City of Miami; so much so that an August the 4th date with , which we had wanted to use the Orange Bowl. That act has asked Mr. Campbell to move that date from the Orange Bowl to West Palm Beach, which we are talk- ing about again forty or fifty thousand dollars that the City will lose because of the. insecurity. We do not feel that Mr. Campbell is insecure. Mr. Campbell has done again exactly what he has always done, and after he has placed his hold, then he is advised the the City Parks Department is changing its policy and you have to have a written application. We agree with Mr. Rubio; we agree with Mr. Howard; we most readily agree with Mr. Andrews that more firm procedures for the future are necessary. We invite those procedures. But we don't ask that in the middle of the stream, after Mr. Campbell has obligated several thousands of dollars; we are talking about several hundreds of thousands of dollars, that he be jeopardized those moneys because someone wants to change. I would propose that there be new policies established, but according to this Commission's own ruling in Resolution number 73-967, we are to contract with the City Manager. We have on four prior occasions contracted with the City Manager, --- Mr. Plummer: ,I don't thitik anybody disagrees with this. We have heard all this. The City%Manager was very clear yesterday that this is exactly as you are saying it; that there is a problem. Your request was oral and there are certain oral obligations, and they are saying that they wanted it in writing. They did it in writing. So we have heard all of this yesterday. As far as I am concerned I really don't have to hear a lot more conversation. I think it is come down to the point now whether we honor the mozal oral obligation of the Manager, or whether we demand a 7z1uinesslike manner of it being in writing. I think that's exactly what we are talking about. 5-24-74 3 • 1 Mr. Hyland: This was in writing. When Mr. Campbell, like everyone else who has ever used a City facility, when he called the City, he called Mr. Rubio's office and spoke to a secretary named Pat. It is in writing. They have a book there called the hold book, with dates, and placed in writing is his name. Mr. Plummer: No, sir; the Manager corrects me. He ack- nowledges that you, orally, were first. He also further ack- nowledges that Mr. Pincher and his group were in writing first. Now I have to take the Manager's word, sir. Ail I am saying is that that really is what it boils down to, and we go from there. We can listen to all kinds of conversation, but this is the man who says, these are the facts, and that's what I have got to vote on. Reverend Gibson: Mr. Mayor, it seems to me that you don't change the rules of the game in the middle of the stream. I held to the moral principle yesterday afternoon and I am going to hold to it today. Mr. Andrews, you are the City Manager. What's under discussion? Is this man right? Mr. Andrews: Yes, there was a telephone call first to hold the date. Reverend Gibson: I understand that. If the procedure is that this nan; that he has kept his part of tip bargain; is that right? Mr. Andrews: lbs. Reverend Gibson: If the procedure is as this man has said, he has kept his part of the bargain, right? Mr. Andrews: Yes. Reverend Gibson: He'said that the rule of the game is you call, you have a hold book, and all right, so therefore, we are to conform now to the rule of the game. As a member of the Commission I urge you to carry out the rules of the game. I move you, sir, that the Manager be instructed to proceed in the fashion in which he has always proceeded and clear up this matter. Mr. Plummer: Is that like saying, some of my friends want this and some of my friends want that, and I am always for my friends? Reverend Gibson: No, the rule of the game is that the man has called, and there is.a hold, and if the Manager has not changed the rule and made that known to everybody the rule is still in play. And if that be the case, then you ought to give the man the contract. Mr. Hyland: It is even stronger than a moral obligation, Mr. Commissioner. When a hold is placed or an application is filed, there is a ten-day protection clause beside either side, and if we have a hold on the sixteenth, we have ten days protec- tion. Mr. Plummer: I have got news for you. That's going to cease. 5-24-74 • 4 Mayor Ferre: We have a motion on the floor. is there a second to the motion? Mrs. Gordon: What is the motion? Reverend Gibson: The motion is that the City Manager carry out the policy. Mr. Manager, you tell them what the policy is. Mr. Andrews: The policy in the past has been when an agent calls the City to utilize the facility, that a hold date is placed on the facility. That has been the basic approach as far as utilizing the city's facility, This is further com- plicated by the fact that there are two applications that fol- low after a discussion,of a hold date for the seventeenth and its availability. I have placed value on the fact that the first caller in this instance, because lacking other procedures following past practices, should be given the privilege --the City should entertain his application. Mrs. Gordon: That's your recommendation, and that's the motion? Mr. Andrews: Yes. Mayor Ferre: that's the motion. The motion was seconded by Mr. Reboso. Mr. Plummer: Mr. Mayor, I made my comments yesterday, but I want to make them very briefly today for the record. I'll tell you what I am ready to do, Father. I am ready to back up the administration, who I feel acted in good faith. I think both of these people acted in good faith. But Father, there is no way I am going to vote on that motion, to in the future act on good faith alone. I want the assurances of the administration that we will never get ourselves back in this problem again to embarras Mr. Lieb, Mr. Fincher, Mr. Crosley; whoever the groups are, re- gardless of who they are, because it's embarrasing to me. And I am sure to Paul Andrews more so. Father, if you will add to your motion that necessary immediate safeguards be built in by the administration, which they have so ably done in many other cases, so that this situation will never, occur again I will vote for the motion, if that is satisfactory. Reverend Gibson: I have no problem with that amendment, and it has been so amended. Mr. Reboso stated he would accept the amendment. Attorney Karl J. Lieb, Jr., representing Dick Fincher Associates: Mr. Mayor, I have been biding --and I hate to see you go without --you say, you be here this morning --and not be allowed to speak. Very briefly, if you please. I think what we are attempting to do is to weave and shape prior facts or other facts into this particular situation. The facts of calling and reserving a date, per se. Now the facts are not those in this case. The facts are very simply, in this case, that both appli- cants called on the same date; both applicants were told that 5-24-74 5 the facility was not available. There was, therefore, no hold put on that date of the 17th because they were both told they were not available. Now the City Manager says, will I accept another facility. He says they go from seven. He says an average of ten. I think if you will stay I think the average would go from seven to ten even if you have a full policy. My point being, see, ten days, given the maximum, from the date the application falls on --April the 19th would take you up to the 29th, and if there is no written application in there by either one. On April the 30th we made the first written appli- cation. We talk about morals, and we can talk about our embar- rassment --and I agree with the morals, and so forth, and yet when we go into the stadium and are told that the date is wide open; you put in your application; you have the date; go get your license; go book your acts; put your good name up with those people, because you stand behind the City of Miami who told you you could have that date --and we are talking about our good name too, and the morals involved there, because this is a proposition where you have to have this faith in the business where people can rely --and if like Mr. Ryland says, people from New York and others are looking at the City of Miami and saying, I don't even know if I want to deal there, I say this is the time to stand up. We were told we had the facility. We put in the first application. Mr. Plummer: I think everybody here actre in good faith and we just went astray. Karl, I couldn't agree with you more. I made my comments yesterday. We are business people, like it or not, and business people do things in writing. But you know my manager here told me that he acted in good faith, and I have got to back up my manager. I just want it known that in the future, Mr; Andrews, without question, I want things in writing. You know, you just can't go astray when you have got it in writ- ing. I think this business of holding ten days before and ten days after is wrong. You build. in the safeguards. Thereupon the foregoing motion, entitled - 1 1 1 j A MOTION DECLARING THE POLICY OF THE CO1MISSION THAT IN THE CASE OF APPLICATIONS FOR USE OF THE ORANGE BOWL STADIUM ON AUGUST 17, 1974, THE CITY MANAGER ADHERE TO THE CITY'S PAST POLICY OF LEASING THE STADIUM ON THAT DATE TO THE AP- PLICANT WHO FIRST CONTACTED THE CITY IN THIS REGARD MOTION NO. 74-435 introduced by Reverend Gibson, seconded by Mr. Reboso, was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr, Reboso. NOES: Mayor Ferre. Mayor Ferre, in casting his vote, made the following state- ment: This is not a matter of confidence or not confidence in the Manager. Obviously, within the City of Miami some employees make mistakes. I think it's unfair that either one of these groups have to suffer because of mistakes that were made. I recognize the implications and the embarrassment that this causes. I do not think that at this point I can vote with the motion; so I vote no. 5-'4-74 6 2 . POLICE DEPARTMENT_ - GRAND JURY REPORT - MORALE QUESTION: The Commission next took up for consideration the matter of the Grand Jury report on the question of morale in the Miami Police Department and the Police Chief's alleged role therein. The Mayor announced the format which the Commission would follow in this hearing. The hearing was interrupted momentarily. 3. Mrs. Gordon made the following statement: While the Law Department is bring it in I would like to address myself to it, because perhaps the people here would like to know what this is all about. In the transportation study of the State of Florida Depart- ment of Transportation of September, 1973, on page 107, the recom- mendation was for a widening of Biscayne Boulevard from north of fifth Street, which presently provides only three lanes of traf- fic, to a much larger width. The reason why I am bringing this matter up at this time, and why it is so important that this be done is that the State's plan is to widen Biscayne Boulevard. We are presently in the courts on condemnation of the F.E.C. property. Part of the State's need for widening Biscayne Boulevard is in the ownerfship of the F.E.C. Company. I now am asking, by way of a resolution, that the State of Florida join with the City of Miami in this condemnation suit for many reasons; and one of the reasons is dollars and cents. The money it costs to condemn that property is considerable, and the amount of money as listed in this report of the State is for the widening, two million dollars. Now that's an estimate that could conceivably reduce the cost to the citizens of the City of Miami, and could reduce it at a very important time, at the point in time of the condemnation; so I just wanted the public to know what we are doing, and the resolution will be worded that the State join us in this condemnation suit. NOTE: The resolution was later during the meeting. 1 3. POLICE DEPARTMENT - GRAND JURY REPORT - MORALE QUESTION: 1 1 The Commission resumed its hearing on the matter of the Grand Jury report on the question of morale in the Miami Police Department and the Police Chief's alleged role therein. Honorable Mike Calhoun, Metropolitan Dade County Commissioner: First, I would like to know just what it is we are speaking to. There is no resolution on the floor. I am here as a result of a proposed resolution by the Mayor that I have not had the opportunity to read yet, but I assume, since he was very emphatic about it in the press, television and radio, that --why I am here -- the resolution is very simply, in my humble opinion, one thing, and Commissioner Reboso's resolution is another; so I will ad- dress myself to these two proposed resolutions that have not been presented to the floor yet. Mr. Mayor and Gentlemen, I look upon the proposed resolution 7 5-24-74 by the Mayor, whether he intends it or not, I look upon what x read and what I see in it as an attempt to fire the City Manager. I say this, because we residents of the City of Miami are aware of the fact that we have a management form of government. The Police Chief is merely a department head. I look upon this that if the City Manager is the only man that can fire the Police Chief, if he did this he would be, in effect, firing himself, under this situation and the circumstances as have been outlined so far, none of which is on the floor yet. I am very highly concerned with this. I think it affects everyone in the City to proceed in this manner, and I refer to a remark that the Mayor made that I think should be clarified, because I am sure he made it under a differ- ent context, but the fact remains that it was quoted that the reason he was doing that was to gain attention for himself, and I am sure that is wrong, but I think in all fairness to him and to everyone that this matter should be clarified. I am also con- cerned about Commissioner Reboso's proposal and the Mayor's re- marks to that proposal yesterday at the close of the meeting. In the first place an election was not held four years ago on this same matter of merging the City of Miami Police with the County. It was done in 1966, which is eight years ago. It was a very flimsy attempt which never got off the ground and was soundly defeated. I got this information from my fellow Commissioner who was in charge of the League of Woman Voters at the time; yes, Bev Phillips. But be that as it may, the situation now is en - entirely different. I am also concerned --I intend to follow this up with the County Commission. I am not authorized, under the Manager form of government, to tell the County Manager who to hire or fire, but I read with dismay that Mr. Garmire, the Police Chief, was perhaps seeking, or would consider, jobs out- side the City, and I think this community needs the service of this man, and I intend to make sure that Mr. Ray Goode gets the first crack at Mr. Garmire if Mr. Garmire is considering taking jobs outside of the community. I think this man should stay here in whatever capacity he is best suited for, and I certainly want Mr. Garmire to know that, before he accepts a job outside of the City,that Mr. Ray Goode should certainly talk to him in behalf of all the people in Dade County, including the City. I think that Commissioner Reboso's proposal has merit, and he should be congratulated for standing alone in even wanting to talk about it. I think this is a matter that the entire City of Miami should know the facts on; the fact that we are paying almost fifteen mills in taxes in the City of Miami --and I just left Key Biscayne this morning where I made a speech, Mr. Mayor -- and this affects residents all over the County as to what happens in the City of Miami because the County has to pay for some of these things in a round -about way, which is very obvious. So I will sign off with addressing myself to these two resolutions, Mr. Mayor, being highly concerned with your proposed resolution, and also highly concerned with Mr. Reboso's resolution, and I would be in hopes that the people could be heard on any other resolutions that might be forthcoming from this Commission, be- cause I don't think this Commission of Miami should be the Police Chief, and in effect, I am afraid your resolution does just that. 5-24-74 8 Mayor Ferret I am not going to answer you at this time, Commissioner Calhoun. When my turn comes around I will answer both of those statements of yours which affect me. I might say that the proposed charter amendment, Section 801, which you referred to, was November 5th, 1968; so we are both wrong. The results were 14,834 people for; 28,269 against; two -to -one. Mrs. Elizabeth Virrick: I am afraid whatever I say will be considered off the point, because I am looking at it from an entirely different viewpoint than most people are. Firstly, I reject the idea that this is political, and I reject the idea that the Mayor is doing it to call attention himself. He has the attention of everyone anyway. Why should he need to? What I am going to say is going to lead me ultimately to the accusa- tion of being a do-gooder, in the unpleasant sense of the word, a bleeding heart; but I want to ask what police work is for. I was under the impression that it was to prevent crime. As I see it we are making criminals, and we are making criminals day by day, as a result of what comes into our office day by day in our probation -parole work. I reject the idea that a police officer gets the Policeman of the Year Award for the number of arrests he makes, because I know, even taking the tales that are told to me and discounting them fifty per cent. or more, I know that many of these arrests are provoked arrests, arrests that are unjust and unfair. We had a particularly strong indication of that which took up almost our entire day yesterday with visits from the police as a result, and so forth. Th'- happens day by day. If I were to stand here and tell you the things I want to tell you it would take half the day. We don't have the time. I would prefer to have your permission to write it to you and tell you why I am saying the things I am saying. If we take the word criminal and think about it a minute we realize the paucity of our lexicon. People who are referred to as criminals are not neces- sarily criminals. They are,people who;e manhood has been batter- ed all their lives. They have a small shred of manhood left and they are trying to protect it. You would do it. I would do it. I would like to tell you some of the things that I think are going on, and the only reason it relates to this matter here this morning is because I feel that the leader of any organization, agency or department of the City is just, well he is responsible for everything that happens, and the department, or the agency, is just as good as the leader. Therefore, I am saying that I do not think our Police Department is what it should be, and I think it is a very good thing that our Mayor has taken this matter up and I am behind him a hundred per cent. In the meantime I'll write you the reasons why I have made the allegations I have. Mr. James O. Clinton,,Jr.: I have before me a letter which speaks to the single point that I would like to make before you this morning as just another citizen. The letter is dated December the 18th.and it is from the Chief, Garmire. The inter- esting part about the letter is the second paragraph. It invites me, along with Mr. Harry Hood Bassett, to a meeting, or a seminar that was held by Chief Garmire at the Ramuda Ranch --most of you know where that is --and the discussion was --and I am quoting the 5-24-74 9 second paragraph --the Miami Police Department needs help from such people as you. We must develop management techniques and philosophies which will enable us to cope with the situation well into the twenty-first century. You can assist us greatly. I have lived in many places across the country and in the Carribean. I travel three hundred thousand miles a year as part of my job. I am involved in government in the emerging nations of Africa and the Far East, in Europe, and particularly, as I mentioned before, in South America and the Carribean. My job requires that I have a working knowledge of the grass roots people as well as the prime ministers and the heads of govern- ment. I, therebre, incidentally become involved in the problems that these people have, and how they are attempting in their own way to solve these problems . I would like to say that in this total experience that covers some thirty-three years, I have never had quite the experience that I had at this seminar. We spent four hours that Saturday morning with these men, the men who run the Police Department, the Miami Police Department. As a matter of fact, it was given a new name that day, the Modern Miami Police Department. The point here is that when I arrived on Friday night, having somewhat a preconceived idea of what happens in situations similar to this, I found some of the most empathetic and changed men, the officers of this police depart- ment, that I have ever run across, and before I went to bed that night at midniglt I was very impressed with whatever the two-day session had accomplished for these men. And I couldn't help but feel that maybe I am not necessary here, becat.::,a they seem to have gotten the message already. The relationship the following morning that was extant between these men, these very men who are supporting, obviously, Chief Garmire, and the Chief himself, was one that was most encouraging, because I actually thought at the time of the relationship that exists between Coach Don Shula and his team. There was a synergetic attitude. There was a one for all and an all for one type of attitude; and when I had fin- ished this session that Saturday morning I thought that many of the major problems of the police situation and the citizens here in Miami had been resolved. I think that Chief Garmire is to be congratulated on what he has done and is doing/ and is cer- tainly on the right try&ck. Mr. Don Adams: I am Don Adams from Grapeland Heights. I would like to respectively make a suggestion. We might not be here this morning and you might not be here and having this prob- lem this morning if I could make a suggestion of a study of the Los Angeles Police Department, which is one of the most respected in the country. In Los Angeles when there is a vacancy in the office of the Chief, the three highest,ranking officers take a test, and one of them becomes the chief. Now this is a tremen- dous rapport with the men ir3 the department, because they know that this man at one time started out as they did, and he has come up through the ranks; he possibly has worked with some of them before he became the highest ranking officer, and the morale is extremely good there, and I think this is partly the reason for it. I think the Chief should come from the ranks. Mr. Ernie Fannotto: I am President of the Taxpayers League of Miami and Dade County. I am going to start off by saying we want to be business here in the City of Miami, and if we want to be business we have got to act it. Now, let's start off by say- ing a few words about morale. What causes bad morale in the 5-24-74 Police Department? I am going to tell you what causes it. When Mr. Garmire came in he came in with some top men that took jobs away from the police officers that should have been promoted, and I hm going to ask you Commissioners, or anybody in this room, if you were in the Police Department for fifteen, sixteen or seventeen years and there was a promotion there and an out of towner came in here and took your job and he took the cream and left you the skimmed milk, that's what left a bad morale in the Police Department. About turning over some of the, or mixing the Police Department with Metro. Commissioner Reboso I respect. He is honest and sincere about it, but I think it is a mistake to turn over any of the Police Department, whether it is part of it or anything, to Metro; and I'll tell you why. Number, the Dade County Manager, only has three or four years' experience in management, and we have millions and millions of dollars in- vested in our Police Department. I am not ready to turn that over to a man who has only got four years experience. In addi- tion to that, Mr. Ray Goode, the County Manager, has taken over too many projects to be efficient. He will not be able to de- vote ample time to this department. He has taken over too many departments to be efficient. You will be short -changed --I can tell you that, and remember it --but I want to commend the Mayor and the City Commission. When you hired your City Manager you hired him from within the ranks. When you hired your City Attorney you hired him from within the ranks. If the Police Department were hired the same way you would have better morale. Now, in reference to Mr. Garmire, our Police Chief, I think he is a very nice gentleman, a high type man, but let's put the cards on the table. You are running a business. If a man pro- duces you keep him, and if he doesn't you don't. That's business, and that's the way to run a business. Now you have a Grand Jury report --I think you people analyzed it; I haven't --but I am going to ask you this: You know that Mr. Garmire has a large budget; millions of dollars. You went further --and I commend you as Mayor and as Commissioners, for going further and adding to that budget because you wanted to hire more policemen and say, Mr. Garmire, we want to give you the tools. You have given him everything he needed. Gentlemen, he just doesn't have what it takes. To be top notch police chief you have got to have the combination of ability and diplomacy, and I don't think the Police Chief has got it. Mr. Art Green: I believe that Mr. Adams hit the nail right on the head. For the head of the Police Department you need a policeman; not an exalted clerk who we may call an administrator. And in discussing that matter in yesterday's Miami Herald, the last question that was asked by the reporter of Mr. Garmire was the difference between him and the late Chief Headley, who was, as we may say, a cop's cop. And he was asked the question, is that what the trouble is? Is that where the trouble lies? And Chief Garmire replied, according to the newspaper, that's a great deal of it, there is no question about it. I have a completely different philosophy, different attitudes toward my constituents than Headley did. And they don't buy it. Well unless and until the man that pounds the beat and drives the car or the motorcycle buys it we are not going to have efficiency in the Police Depart- ment no matter how good a clerk sits at the desk of the Chief of Police. I am sure you all read the Grand Jury Report, but let me refresh your recollection in the few moments allowed to me. In 1970 the Dade Grand Jury conducted an investigation of morale 5-24-74 11 and communication problems in the Miami Police Department. The jury concluded that there had been a failure to open lines of communication between the top echelon of command and the men in the field. This Grand Jury took witnesses from the Miami Police Department of virtually every rank, including the Chief of Police and his top assistants. Those witnesses who were not part of the top echelon were unanimous in their testimony that a sub- stantial morale problem exists within the department, and that it has intensified since the Grand Jury Report of 1971; and there is your problem. We have spent a great deal of money in this city --and it is summed up in the last paragraph of the Grand Jury Report, on Page 4--the Grand Jtxy recommends that surveys of the Miami Police Department now in progress by Booz Alien and Stanford Research Corporation be given thorough study and implementation by not only the Chief, but by the City Manager and the Commission. I don't know what's in those reports, but certainly they should be examined. And let me say now to you, sir, as Mayor that if I can reflect in any way the thinking of the people of Miami, they know that this is not a fued between you and the Chief; they know that you are acting in the best interest of the City and we feel that we are not getting the kind of police protection we are en- titled to get and that we so sorely need. I have here this morning --and they have all signed in Mr. L. L. Meers, who has been in business here for forty-nine years, and who has occasion to go into the areas affected by high crime. Mr. J. D. Clary, Mr. Carlos Sanchez and Mr. Moses Montieri, who also signed in, and will testify to their experiences, because they work for the company I represent. The City sorely needs police protection. They are not getting it now because those in the ranks have no confidence in their Chief. Mr. L. L. Meers: I have listened with much interest to the number of speakers that appeared before me. .Some addressed a suggestion to the Commission what they do. I'll try to restrict my remarks, because you are thoroughly conversant with what you are trying to do and familiar with your problem. I'll briefly state that out of my years of experience serving the public here it has become almost impossible to put a service man on a piece of equipment and go out and service it without taking his life in his own hands. You have read the papers; you know the situa- tion. We are now using two men; one to watch the equipment and guard the man while the man performs his work. There has been a suggestion that the responsibility be passed over to the County. I'd like to take one moment to explain to you that we have tried to coordinate or work with the County, because our work brings us with the County and the City. The City of Miami, our record has been wonderful with them, our cooperation. Their experience in dealing with the services they render have been ex- cellent in all of the departments I speak to, construction and otherwise, law enforcement and so on, other than the fact that the police protection has deteriorated to such an extent that we are almost afraid to continue the service we are trying to give. I wouldn't want to say that -- I am hung up for a course to suggest, and why. If you say to go to the County would relieve a grave situation that is desperately in need of relieving. We found this in the permit sections and the Engineering Departments and others other than law enforcement. We comment before you dump the City into the County. It has taken us two days to se- cure permits, which was all provided for and is available and should be given; for twelve hundred dollars worth of business it has taken me since Monday morning to get to the various 5-24-74 departments in the County and back to the city, the Pollution Control, and everybody involved, and your answer is not going to expedite law enforcement by switching the responsibility to the County, because it's already overloaded to the extent that it cannot efficiently perform the service that it now is trying to render, with all due respect to all of the personnel involved in the County. The City of Miami has done an excellent job in the past. We have enjoyed the relationship with the Police Department, but for some reason in the last twelve or eighteen months it has deteriorated so rapidly. Again I want to pay a compliment to Mr. Garmire, whom I had the pleasure of visiting with in his office and was treated with courtesy and assurance, but the problem has not been solved. We call and we get a man to report a stolen. The men are upstairs in the building performing their work and another man goes to carry him an article, just long enough away from his truck, and then while he is gone the truck is broken open and equipment ---In the last year we have lost three thousand dollars worth of electrical equipment placed in these little light service trucks, and we have not recovered one item. We have called and made reports on these things and the man would get there from one hour to an hour and a half later, and he never completed his report, and we were never able to find out exactly what service, and what he did, or what happened to the report. We have tried a few of them. Those are the kind of things that we ---I could spend much time in tell- ing you. Before you make a change from the C2 y to the County, though, to shuck the responsibility of replacing or improving the present law enforcement situation in the City, don't consider going to the County and further burden them with the inneficient operations that they still already are trying to conduct. Mr. J. D. Clary: I'm a truck driver and maintenance man for this company that Mr. Meers is talking about, and I want to say that we drive trucks over in the Liberty City area and the downtown area, and I suppose we get out of the truck a thousand tithes a day. Ordinarily the truck should be locked, but once in a while you do forget. Once you forget you are in trouble. I lost three electric saws, three drills in the last year alone. I called the cop and they said one would be right over and I waits and waits and they don't never come. On one or two occa- sions the cops come, took a report and wrote it down and every- thing, but they never did find them. It is getting worse every day. It didn't always be as bad as it is now. It is outrageous now. We can't even get out of the truck unless they . I don't see nothing wrong with the cops except you can't ever find them, and if you find them they write up a report and everything but you don't ever hear nothing else from it. We have to buy these tools. Mr. Moses Monteiro: I work for Bonded Rental Agency. Mr. Green is over here today. I work as a carpenter, and I work there for about four months, and in four months I have been robbed four times, and when I first started working with the Company I had all kinds of carpenter tools. The first time I was robbed I called the police and they came and they made a report. They looked around,say OK, and they go away and that's it. You wait for the result of what has happened. You don't get no answer. Your tools are gone= your money is gone. Thesecond time I was robbed 5-24-74 13 on 6Ist Street and 13th Avenue 1 called the police again. They came and stand right there, about six guys; they walk to me and take everything, every tool. I called the police. They came around and made a report as to what you lost, and say I am going to stay over here and wait till you move. But what about the guys that stole all the tools? We have no results; no answer; nothing. The reason I am bringing this statement here today is if the Mayor and all the citizens of Miami could get an answer for this problem for better protection, because we can't work no more. We can't walk in the streets any more. And every time you call the police, where are they? By the time they get there they are gone. About three weeks ago I get rob again, and they come and put a knife on my neck and they took the car away on 22nd Avenue and Opa Locka Boulevard, so I jump out of the car and I run and I pull his hands off. There is two girls and one guy. I call the police and they come a half hour after, and they have gone with my car. When the police get there they take a report and say, OK, let's go and look for the car. In about a half an hour they find the car about two blocks away from the place where they beat me up. They don't even bother to inves- tigate the car or take fingerprints. There was the knife sitting right there on the front seat. I said what are you going to do with the knife? I have the knife right now, and inside the knife was a joint of Marihuana. Supposing three blocks away another cop stops me and finds the knife. And the police off.cer tell me to keep. ,So I suggest that this case you La%e under consider- ation, because it is getting to be impossible to live in Miami. I hope it will get better, and we do appreciate what everyone is doing here today. Mrs. Annette Eisenberg: My name is Annette Eisenberg, a citizen of Miami for twenty-five years, and one who served on the first Stanford Research Institute citizens participation center session. I wholeheartedly support the Mayor in his action to create a change which. will benefit the citizens of Miami with- in our own Police Department. We are in one of the highest crime areas in the City of Miami. All of our problems in Edison Park stem from the administration of the Police Department. We have a chief, two assistant chiefs, who have no power when we contact them. And then we have Mr. Keith Bergstrom, a person the Chief brought with him. In order to justify his existence he is called an Assistant Manager assigned to the Police Department. Mr. Bergstrom earns approximately twenty thousand dollars. Our Chief earns thirty-seven thousand five hundred dollars. We are paying fifty-seven thousand five hundred dollars for a police chief, and we still have poor administration. Mr. Bergstrom right now is away for a month. He is one of our traveling police adminis- trators. The administration knows that we have a serious short- age on the midnight patrol, but we don't get any action. I'd like to find out how many men the chief has assigned to all these federal grants we have. The original bond issue, which we worked for --the Chief came to Edison Park and we helped him. The original bond issue called for four hundred thousand dollars to be spent to my fine friends from the Stanford Research Institute. The Chief has already spent a million and a half dollars, and we have no appreciable results. I worked on this committee. We submitted recommendations. They even paid us for criticizing the Police Department, but we don't see any changes. We in Edison Park have a close relationship with our neighborhood policemen, and if you want to know what's wrong with the Police Department 5-24-74 14 you ask the nieghborhood policemen. Take their badge off of them -rand r sat in Mr. Andrews' office not long ago and sug- gested it --take the badges off of them. They will tell you what's wrong with the Police Department. They are not going to tell a reporter. We have asked the Stanford Research Institute to do this, for which they are being paid. I don't even know if they have done it. I suggest the time for the change is here now. We in the City of Miami are terrified. We•in Edison Park can account for the highest mortality rate. We sit in our stores with our doors locked. We can get nowhere with the administra- tion. If we could deal directly with our policemen on the street we could get satisfaction, but they are directed to do some of the most ridiculous things. They are told to write their tickets and bring in their reports. They are busy writ- ing parking tickets for me for my truck in front of my own store when they should be patrolling the streets, because motors have a quota; they have to show that they have done something, or their superiors. The administration says you can't be out on the street all day and not see violations. So they take five or ten or fifteen minutes sometime to write a ticket, because they have to look up the ordinance, instead of patrolling the streets. There is something drastically wrong with our admin- istration, and this is not the first time I have come here to tell you this, and I ask you, please, the time for the change is now. We'd like to be here for the year two thousand for the Miami Modern Police Department. Mrs. Dorothy Singler: I am a concerned business woman in the Miami Edison -Little River area. Merchants on NW 2nd Avenue have been concerned about crime and its prevention. We have fought for police protection,'and especially for a three- wheeler on a routine basis. 4owever, it has been on an on again, off again basis, always with the excuse of a shortage of manpower. Monday night this past week between six and six thirty P.M. I was appalled at what I saw on Biscayne Boulevard and 16th Street. Crossing Biscayne Boulevard at that point to go to Jordan Marsh I observed this three-wheeler parked at curbside pulling in cars, ticketing them. Officer sitting on the back of his three- wheeler awaiting a victim making a right turn from NE 15th Street onto Biscayne Boulevard. Within thirty minutes I observed four victims. I walked to the corner on NE 15th Street and Biscayne, and I saw the reason; a poorly displayed sign saying no right turn. The officer was having a heyday, getting his points in an easy manner at the end of the day. The ambiguity of the whole situation is, while east of the Boulevard and NE 15th Street the curb lane said no parking. To proceed straight ahead on NE 15th Street west of Biscayne the curb lane is for taxi parking. This lane is blocked by taxis, and a poor driver is forced to change lanes in the middle of Biscayne Boulevard if he wishes to pro- ceed straight ahead, or he makes an unlawful right turn into Biscayne Boulevard. After observing this sandbagging, as I call it, for a short time, my associate went into Jordan Marsh to call the traffic control. This proved to be a real joke. with the phone ringing and no answer, finally an incompetent person trying to transfer the call, losing the call entirely, re -dialing, a total of fifty cents spent and a final answer of the department closes at five P.M. My ill feelings come from seeing innocent victims penalized with tickets when this officer with his three- wheeler could be on a more worthwhile mission trying to help merchants in their fight against crime in this high crime area. 5-24-74 17 Willi Y0lYilWli11Will Mr. E. G. Pettee: I am the President of the Craftsman Investment Corporation, and I have offices in the Edison Park center of Miami. I'd like to address my remarks to Mayor Perre and the Commission, and Mr. Andrews. I, too, have a question. I wonder why did it take so long? I am talking about the Grand Jury and this Commission meeting today. We in Edison Park have been involved with a miserable police performance for years, only to reap a complete lack of communications, which the Grand Jury is just now recognizing with our Chief, in spite of letters, presentations, tape recordings, even the Chief's crime reports to this Commission written by a ghost writer, brought forth no violent crime fighting detail that you could recognize. Chief Garmire says he needs the citizens help, but forget it. Remem- ber what he has said, you know, to make the parks, streets safer for our citizens. We see no change whatever. Ramuda Ranch --I, too,have occasion to enjoy a seminar or a convention now and then. We throw our arms around one another. It proves nothing. I, too, would like to digest this material which I have here. This is only part of it. I thought maybe you were going to give us a chance to go into it today, but this is only part of it. But I'd like to digest it and submit a written copy to this commission, if I may. The citizens of Edison Park have documented, as I brought out, police failure after failure, with written communication, with printed presentations, with tape recordings, only to find that there was complete lack of communication with the Chief. I sincerely believe, had they taken the time to talk to a few citizens outside of the Police Department. We all know what amajor part, and I think this was one of your worthwhile efforts. The police took a major part in the town hall meetings. Of course, most all of these meetings were packed with ten, fifteen, twenty-five police officers. I guess they were there to provide the applause necessary for the Chief. Mr. Mayor,'every town meeting produced a string of continuing complaints to prove that Edison Park was not along in its wait for police help. Only in the Belle Meade area was police response from the audience good,but you know we can't all live in Belle Meade with Chief Garmire. At the Belle Meade meeting Chief Garmire admitted, as we have pointed out time after time, that he was having a continued problem with shift change time on the four -day schedule in answering calls for help. In Edison Park it is not unusual for us to wait forty-five minutes for police help when the call happens during a shift change, and even a Biscayne Boulevard banker tells me he had to wait forty- five minutes after calling repeatedly for help. It is rather apparent the Chief is unable, after all this time, to manage the four -day week. With the continuing debacle of police ad- ministration it isn't any wonder that the Grand Jury rendered a critical decision of Chief Garmire's handling, and I want you to know, W. Mayor, that we are heartily in support of your sug- gestion for a sweeping police change now. Mr. Arthur Ettinger: My feelings as to the Chief of Police are well know, both documented and in personal appearances before this Commission. I stood here and told you that the question of Commissioner Gibson is just what I wanted. I stood here and point- ed to Chief Garmire and I said I wanted the Chief fired. Plain and simple. It has been stated here by many people as to the reasons why the inefficiency and incompetency of the police situation in this city. The reason was apparently well said by 5-24-74 16 one of the gentlemen who preceded me when he amid, when frustra- tion in a police department as to promotion becomes a situation like we have in Miami by a chief of police who says that he is not interested in spending the rest of his life in the City of Miami, or he may resign tomorrow, or five years from now, or ten years from now, is hardly conducive to a police department to give us what we need. Now the other people have said what af- fected them, and I'll tell you what affected me. I had a busi- ness on NW 2nd Avenue and the building was condemned to make way for the new city police station. Considering the police depart- ment we have I thought that was terrible, but apparently Mr. Reese thought otherwise. I moved down to 930 NE 2nd Avenue and had problems down there with the police situation, and when my wife passed away July 3rd and I closed the shop asking for hourly protection on the building I went down on the 17th or 18th of July to go into the building and found the place wide open; lights on. I didn't enter the building. I went down to the corner to the phone on the box and called the police department and asked for,a policeman. He came down.; we went into the building, and they had stolen practically everything of value in the building; thousands and thousands of dollars; enough to put me out of busi- ness. No insurance; none whatsoever. I complained about that here and I complained to the police department. At the end of the month I received a telephone bill from the telephone company, and on the loth of July, while the place was supposed to be closed, a telephone call was made from my phone to Har.~;sbury, Pennsylvania. I called the police department for someone to come down and explain it to them. They said give me the information on the telephone I gave them the information on the telephone. This is now May 24th, almost a year later. Have you heard anything about it? Neither have I. But enough was stolen there to put me out of business, but nothing is done about it. Is that police protec- tion? We have been robbed when we were on NW 2nd Avenue, and my poor wife again was the one that was involved, and she held them and someone called the police; the police came; handed in the two robbers; the police took. them down to the station; they were ap- parently brought into court; they took and tried them apparently; released them. They were caught with the money and nothing happen- ed. But nobody ever told us that they were tried; nobody ever told us that they were released. Now, if we were the kind of people who were a$aid we would worry about who was going to come and hit us over the head tomorrow because we turned them over to the police. Now we certainly don't have a police department; and when I was in the army I learned one thing; the reason we lost the best officers we had was because there was no place to go in promotion. I have seen men retire under the army with thirty years as a pri- vate. Now if you want men who want somebody to tell them what to do all the time; when to go to bed; when to get up and when to eat, that's fine, but a man who has progressed in his own and wants to be somebody, he wants to somewhere, and if he can't get there he goes somewhere else. This is why you have the protest and the unrest and the dissatisfaction in the police department; and I know right now, and I'll tell you this, as I said before, you know the cause; you know the cure; now is the time to use it. Mr. Tom Waslington: I am a merchant in the community. Tak- ing a census of the black merchants in the black community, we are satisfied with Chief Garinire and the way he has conducted the business of being a police chief. We feel as though we do not want to see our police department go back to the days before Chief 5-24-74 17 Garmire, under any circumstances. We also realize the fact that we will never agree with anyone one hundred per cent., but Chief Garmire rates high in our community. I think the job that we are talking about here this morning, and laying all the respon- sibility on the chief of police to correct all the ills of our society is placed in the wrong direction. First of all the format, we believe in my community, of the Grand Jury is not representa- tive of this County. The Grand Jury, as far as we are concerned, is a private country club for those who want to use that country club. So we do hope that you will look at the total picture of the things that create crime. I know that none of you will go along with this, but yet and still, since we want to use Garmire as a scapegoat, that I will, through Mr. Art Green's agency that he represents, Bonded Rental Agency, to provide for each of you Commissioners a separate apartment in the ghetto, and then you will understand, after living there a week, what crime is all about. The Police Department, Garmire, or Jesus Christ, cannot Walk with every citizen inside the City of Miami. I close with this remark: Garmire must stay. He must have the necessary tools to work with, and the PBA, which is a classic example of causing a tremendous amount of distortion in the Miami Police Department, where individuals take upon themselves, away from the policies of the Police Department, to be jury, judge and executor in our community, for the PBA to have the authority of being paid by the taxpayers of the City of Miami, to have the audacity to take each one of you and any candiaates that seek public office in the City of Miami to sit before a screening board whether or not they want to ertdorse you. The PBA,its attitude, its old guard, its non -cooperative image that it has projected in the Miami Police Department that has caused representatives of the Miami Police Department to have to go into Federal Court to get an opinion from a Federal Judge of what is duly right for them, I think this Commission should look beyond Garmire and look at its situation as it governs our city. Mr. George R. Holland: Between the Grand Jury report and the remarks that have been made this morning there would appear to be a wide diversity pf opinion. Some remarks that have been made have been germain, and others completely extraneous, but in any event the variety of opinion is such as to be at times abso- lutely diametric. It would seem that under these conditions, that in a hearing of this brevity it would be impossible to make a decision by the Commission that would be intelligent and for the best interests of the City of Miami, which we all dearly love. I would, therefore, like to propose that a study committee be ap- pointed by the Commission to study this whole problem in greater depth, so that you can have something for your particular benefit upon which you can make an intelligent decision. Such a committee can be in the form that is usually done of one appointment by each commissioner, or in such other form as may be desired by the Commission, but in any event with specific instructions to meet and to report back at a time certain if it is so desired by the Commission so that you will have a more in-depth, impersonal study upon which any intelligent decision on this question can be made. Mr. Milton "Butterball" Smith: I think the problem that faces us is not necessarily Chief Garmire, but help among the black policemen; for more black policemen and for better promo- tions. That will encourage better morale among the black 5-24-74 18 policemen. Our problem is --just a few minutes ago one of the staff members of the Community Relations Board, of which I am a member, just reported to us that he had to almost stop a policeman from shooting a black man on 2nd Avenue just a few minutes ago. It is not Chief Garmire. It's the individuals, some of the white racist policemen on our force that are giving the black people trouble in our community. At this time the Community Relations Board --and I think I speak for each of them of they were here --we are not interested in necessarily getting rid.of Chief•Garmire; we are l.nterested in getting rid of some of the crime in the black com►tunity. There has been some im- provement in the black community since Garmire took over. They have got policemen in the schools; they have got a dope program. He has done some things. At this time I don't think we need to get rid of him; we need to improve the police department, and find out more things --let's have a better investigation; tell me more what he is doing and the reasons he should go. Who are you going to replace him with? Maybe the next guy you get would be worse than he is. I am interested in helping the black community. The Community Relations;Board, their function is to help the black community; to stop the policemen from going in black and ripping off the black people. To help promote some of the black officers who have been on the force a long time instead of just one officer. We need five or six. We need better officers relationship with the community. We need better relationships with the black officers. The black officers therselves need bet- ter relationships with the white officers. I don't know whether Garmire is doing right or wrong. Maybe some of the things he is doing wrong, but I want to see better relationships between the police and the community. I want to stop the policemen from coming into black places and talking to black people when they stop them for a ticket like they are children; call them boy; and treating our women like they are all prostitutes when they stop them to give them a ticket. This is our interest. Our in- terest is what is Garmire going to tell us some things that he is going to do; demand that he give us better police protection in Liberty City and in the Ghetto downtown where the black ---- is. This is what we are asking for; and at this time I don't think we need to remove him; we need to improve him. Mr. Thomas Ferguson: I am a retired United States Air Force Non -Commissioned Officer, and have fought for my country for twenty years, and I am here trying to help solve some of the community problems that we are up against. I think in the last five years Mr. Garmire has done a fantastic job, not only in our community, but he has made our policemen, our black policemen, feel like policemen. He has integrated the police force with qualified black men and has given them an opportunity to excel. Prior to Garmire coming into office there was a morale in the police department. Black policemen felt like second class citizens. Now they feel not only like policemen, but like human beings, under his administration. The morale problem is this: Number one; be- cause black qualified policemen have had an opportunity to excel, that is a mora]e problem within the police force. In order to say there is a morale problem, there is much more, more problems than a morale problem, and I don't think Mr. Garmire is at fault. I think that an investigation should be put in full force as to why we are having problems with our police department, and I think that if an investigation is made, not only the morale problem, 19 5-24-74 but the problem as a whole. I think if this man had the oppor- tunity to have the control, I think if he had an opportunity to put some of the things in plan that he would like to put in plan, I think we will have a better police department. I think his hands are tied, and I think it is time that his hands are turned loose so that he can implement the type of administration that he wants to administer in order for us to have a better community relation- ship. Mr. Frances: I have been here since this meeting started. I have heard no one say what should have been said, and I am going to try to explain it. We need to go back to the courts. When a crime is committed; when a policeman arrests one, he is sent back downtown --and I say that' because I own a small business out there in the ghetto on 2nd Avenue, northwest, where the highest crime im rob, rape, murder. If it is murder he is back out less than six months. If he gets sentenced and gets ten years, he is back out in less than two years. They say the prison is loaded; there is no room for him, but you will find out that the ones committing the crimes are the ones over and over. I have been in the Chief's office at meetings he has invited me to. We solved some problems we had in the ghetto, but we deed to do is work together and as Butt.erball said a few minutes ago we need improvement, and to help the Chief and then we can come up with some problems --if he needs to be removed, I cannot say that. All I can say is that the crime rate is high. The crime rate only gets 1,,gh because the same ones are doing the repeating. We need to stop some of those repeaters, because the repeaters make the other ones coming up be just like they are. Mr. John Theodore: I am just an ordinary citizen, and I belong to several senior: citizens organizations, and several years ago I was a deputy for my precinct for about four years. I have a great respect forChief Garmire and his men. I have never seen him personally, but I believe that in the department we have some wonderful men; almost the best in the country, and as far as I am concerned I think he has done a wonderful job and he needs the cooperation and assistance of all of the citizens of the city, and I believe if you give him a chance he will do good. He did good and I think he is going to do better in times to come. Mr. Jack Alfonso: We have to be very careful today, because we are here today on account of a mistake of the past. That mis- take was when the City of Miami gave away our jail and our court to Metro. I believe that the problem that we contemplate today doesn't concern that particular individual; doesn't represent in this instance if Chief Garmire is capable or not. The problem is that the City of Miami gave away half of a and the other half cannot operate properly. If we are going to keep our City of Miami Police Department, please give to the head of the department, whatever his name may be, all the necessary tools to operate and all the necessary support, or give away all the depart- ment to Metro. 5-24-74 2i Mr. Carlo Sanchez: I work for Bonded Collection Agency. I am a carpenter. When I go to work I have to be real careful when I get out of the car. I have to have a uyY watch my cat when I go to work. Yesterday about six o'clock I was doing some work and a guy came and stole my electric saw, and I called the police and give them the information but they come about seven o'clock, about an hour late, and all my is gone by then. Mrs. Jeanne Bellamy: My occupation is banking, and I am here as Vice President of the Greater Miami Chamber of Commerce. The Board of Governors of the Chamber convened at eight thirty this morning in the Columbus Hotel and set aside its regular agenda.to consider whether we could or should support a course of act:.on at your part at this. meeting this morning. They asked me as Vice President, and Mr. Blumberg as Past President and a member of the present Board of Governors, to come and express the Chamber's thoughts to you. The course of action we would like to support, if you see fit to adopt it, is no action at this time. We feel that in the past I am sure you have seen, as I have, issues arrise which created public passions, such as have been expressed here this morning, I am sure you have seen other public bodies, and perhaps some of your predecessors, act in moments of excitement of this kind, and afterward repent it. We are hopeful that you will let the matter cool off. I would like to personally commend Mayor Ferre for his diligence in trying to come to grips with this matter, and ..1l the rest of you for your concern as the policy makers of the city of Miami, but we really, the Chamber asked me unanimously to convey to you our eagerness to support you in letting the matter cool off and taking no action at this time. Mr. David Blumberg: Mrs. Bellamy has expressed the situa- tion more eloquently than I can, but sitting here this morning I see an emerging picture. One personality is a very minor part of this whole dilemma. What we are looking at, it seems to me, is a judicial system that isn't working, and it may or may not be a reflection of the present head of the Police Department, but obviously it has much greater ramifications in terms of the laws, the prosecution of those laws, and perhaps the gather- ing of evidence. And we see great dissatisfaction in all elements, whether they are in the ghetto or the white enclaves. There aren't enough police available to be hired to handle this situa- tion. We need to improve the things that are creating these crimes. This chamber has been before this body many times in the past, always asking for immediate action in lieu of what we are asking you today, but that action has been to implement the bond issues which the chamber has encouraged and supported and led the fight in, particular in those higher crime areas; and we would ask that you look at those positive thrusts and positive oppor- tunities for alleviating crime and look at the entire judicial system, and use great caution and restraint before attempting to make changes with the present system in the City of Miami, the City Manager system and with the Police Department. Sergeant Zenoz, City of Miami Police Department: I was not fortunate to have the opportunity to speak to the Grand Jury, so I welcome and thank you for the opportunity to speak out on what affects me and my family, and every family in our community. I have been in the Miami Police Department almost seventeen 5-24-74 2L years, and I am very proud of our police department, and of the City of Miami. Our accomplishments are numerous to mention here today. The Miami Police Department is on the threshold of becom- ing the best police department in the nation. I sincerely be- lieve this. And the people most responsible, starting with Chief Bernard Garmire right down to every police officer in the Miami Police Department, except, perhaps, for some exceptions, but they are very few. If there is a morale problem in our de- partment, then it is the same morale problem all over the nation, that of the penal and criminal justice system, and not, at least not here in Miami, of honest dedicated and competent police ad- ministrators. Crime in our City cannot fall on the shoulders of police administrators. Crime is a problem of our society and our whole society must bear fault and weight. Last week was National Police Week. This week seems to be something else, perhaps a reverse of it. I believe very honestly that if Officers Crenshaw and Arrington, those gallant police officers who were killed in the past few days, who were very community oriented, were here today with us they would concur with what I said. I am ' confident and very hopeful that this commission with the energetic attitude and:interest that Mayor Ferre has shown, coupled with the professionality of the Miami Police Department can do a world of good for our community. 5-24-74 22 • Mayor Ferret That eondludes the public speakers. At this time then we will hear from, first of all, let me respond to Coinmisaioner Calhoun. Ia he still here? Commissioner Cal- heun, I would like to be able to respond to your statement and then we will.go to a statement from each one of the mem- bers of the Conmiiseion and then I'll make a final statement expressing my position. In the first place I have repeated, I have said and I want to very emphatically restate today that it is not in any way my intention to either question Mr. Paul Andrews or am I in any way implying anything or any wrong doing on his part, nor is it my interest, as you said, or implied, to have Paul Andrews fired. I think Mr. Paul Andrews is an exceptionally capable individual, he is tech- nically able to lead the city, I think he has the human cap- acity and I think he has the leadership capacity to administer and lead this City from the administration viewpoint. Nolo, with regards to my statement as attributed to me by Chief Garmire in a story that came out in the Miami Herald dated May 23, and I'll read the exact statement. The question was, "What do you think motivated Ferre's crackdown on crime which began right after he was elected in November and has brought you before the Commission at least once a month ever since?" Now I might point out that it didn't begin right after elect- ion, my whole campaign theme was that. Chief Garmire's an- swer was, "He told me that he had to get some attention and that he chose this vehicle to get attention in an interview I had with him." Now either Chief Garmire is not remember- ing properly, which is possible, or this is an outright lie. Now, I made a statement to Chief Garmire which I also made publically here and which I've made to Mr. Paul Andrews on several occasions and as a matter of fact, to Mr. Ron Sacs yesterday in conversation with him remembered =t. I told Chief Garmire that I thought that the situation of crime needed serious attention and that we had to emphasize as much as we could the impact of it. Never, never did I say I. I said "WE" that means the City and the subject was crime. Now that was a misunderstanding of that statement. Now, I would like to say that I based my opinion, of course, on the Grand Jury Report. The Grand Jury System is part and parcel of the way we're governed and the way that we do things. Sometimes they take a long time but we move slowly, deliberately. It's not something that's all of a sudden come out of the blue. Ladies and gentlemen, I would like to remind you that three years ago we had another Grand Jury report which said exactly the same thing. This is not the first time that the Grand Jury Report has made a statement critical of the moral of the Department and placing the blame on Chief Garmire, this is the second time this has happened. Now we had, in addition to that, seven town hall meetings most of you on the Commis- sion have been at the town hall meetings. I do not think that anyone could come back with anyother other conclusion out of the meetings other than the feeling that there is something wrong with this whole system. In my opinion, I think it spoke to a morale problem. Now in addition, we had a year and a half or two ago, Scotland Yard, a retired direct- or of Scotland Yard came to the United States and he spent some time, as you will recall, I think it was at the invi- tation of the Chamber of Commerce as a matter of fact, Mr. Blumberg. If you will remember his report which was written, and it didn't get too much publicity as I remember, but its available, there were some mentions specifically to this pro- blem and I would like to read from an editorial dated May 18, 1971 which almost three years ago from Mr. Ralph Rennick in Channel 4. I would like tq read it into the record be- cause I think it is important: "Trouble at Headquarters", 23 MAY 2 41974 its entitled. "There is a saying that goes something like this: If you can't remaitt Calm while others around you are in a panic then you just cent understand the problem. A funny line in some ways and in others, much truth like in the Miami Polite Department. Throughout his tenure, Chief Bernard Garmire has steadfastly refused to admit there is a so-called morale problem in his department. But talk to the cop on the beat and you get another story. Take the quest- ionaire results reported earlier in the program, the Fratern- al Order of Police Survey of men in the ranks shows the exist- ence of a serious existance of a morale problem. Morale is a word that has made the difference between winning arguments and wars. The difference between defeat and victory, intangi- ble to define and yet still an unspeakable fiber that unifies a group of men into an effective organization,is the stuff results are made from and the ingredient that when missing leaves a rag -tag bunch of men going their own way. In a Police Department, high morale is crucial. Often, it is the only thing left for the man on the firing line or late at night in a tough situation. Call it esprit, spirit, fight, the will to win, to hang on, or just to hold your own. It all revolves around the support and the commeradery of your fellow workers, and most important, your superiors. Running a Police Department is not an exclusive exercise in manage- ment planning or a corporate example of computer use of man - powered deployment. It is often just a 'Well done' and a touch on the shoulder. The right word or action'that says "I respect you," rather than what's your name. It all goes with pulling together. There is no use going into the pro- blems of being a policeman today, they are too immense. As some veteran Police Officers are saying, they have to put up with the grief they've got too many years inv' ted. But to the young man on the force, and they comprise the bulk of the Miami Police Department, they don't. There are other jobs. It is time the Chief recognized, admitted and delt with his problem. It is' morale. Chief Garmire must first recognize that .fact before he can hope to solve it and solve it is his most pressing priority," May 18, 1971. Ladies and gentlemen, I think what I garner from all of this, from this editorial, from two grand jury reports, from personal exper- ience, from 7 town hall meetings, from reports after reports, is not that Chief Garmire is lacking integrity, not that Chief Garmire is not a knowledgeable policeman, not the Chief Gar - mire does not have exceptional expertise in the police field. What I garner out of this very simply is that there is a morale problem in the Police Department and that it has not been properly recognized or dealt with and that it is affecting the performance of the Police, Department. Now with regards to the statement by the way, which I forgot to mention, Mr. Calhoun, that was reported in the newspaper, I would be per- fectly willing, if the Chief would also, to take a lie detect- or test even though I don't think that that solves anything, but I have no problems in doing that if anybody should want that that be done. All right, now I turn over to ... Thank you, Mr. Calhoun. Well, I have no intentions and I have never wanted to see Mr. Garmire fired. All right, Mr. Vice - Mayor. Vice -Mayor Reboso: The Grand Jury report questioned two sub- jects of the Police Department, morale and performance. And its very clear saying that if the Chief cannot improve morale and the performance of the department, new leadership should be sought. I agree with the Mayor's proposal that the City Manager take charge of the Police Department on an interim basis for a period of one month. If the City Manager does not accomplish the recommendations of the Grand Jury then 24 MAY 241974 the only realistic solution will be a proposal coordinated pOlice effort by merging the Miami Police Department with the Metro Public Safety Department. Mayor Perre: Commissioner Plummer. Mt. Plummer: Thank you, Mr. Mayor. Mr. Mayor, anything about this whole issue has been brought out to me very clear- ly is that there has been too much conversation. I will make my comments very brief. I think you for the 15 minutes afforded me, but I will reserve that which the people gave me, my right of vote and it will fully express what I have in mind. The one thing that has come across very very clear, is that there is a great diversity of opinion. The people have as they have always been afforded before this Commis- sion their right to come here and to be heard. Everyone has been heard here this morning. I would like to thank the people and this Commission for affording the opportunity of government to be brought to the people. I will say, Mr. Mayor, very simply that when I was elected to the City of Miami Commission, one of the first things that I did was to uphold this, which is our Bible. This Bible, this Charter provides a course of action for which we face today. If I am afforded an opportunity to make a motion, it will be in accordance with this Charter and I expect fully to live up to this Charter as I swore to do when I was elected. Thank you. Mayor Ferre: All right, Mrs. Gordon. And by the way, so that there is no misunderstanding as to how we're doing this, as I explained before, the Vice -Mayor and then by seniority which would mean Commissioner Plummer, Mrs. Gordon and Father Gibson. Mrs. Gordon: Since we're not cp ing to be speaking to any motions as no motions have yet been made, I will reserve the right to speak on any motions that may be put on the table. But as a matter of opinion, some of the things that I've heard here today, certainly there have been conflicting views from very fine people, all of them. I heard one gentleman make a recommendation which I think we ought to give a little bit of thought to and since your own ideas seem to lean to a thirty day period of thinking, I think perhaps a study com- mittee ought to be appointed and if, in fact the Manager is going to take a deeper look, although we know he does look deeply into the situation of all the departments constantly, and I'm a little dubvious about whether or not the Manager has more technical ability than Mr. Garmire to run the Depart- ment. And with all due respects to you, Mr. Andrews, I know you're an excellent administrator -I don't know how good a Police Chief you are. I think the study committee may be helpful to the Manager and ultimately to this Commission so any further comments in that, I would like to reserve until later. Mayor Ferre: Father Gibson. Reverend Gibson: Mr. Mayor and members of the Commission, I regret very much that we have come to this stage in our devel- opment. However, this is no more than you would expect that life goes on and there are conflicts. Some time ago I enun- ciated right from this seat, and not many people paid me any attention, that I believe in the constitutional form of govern- ment and that the beautiful thing about this City is that the City has a Charter; and the laws that work for you will work against you. Let me speak specifically to three things. I want it to be made clear, I would under no circumstance vote to send the Manager down to the Police Headquarters to take 25 MAY 2 41974 over physically or otherwise. He is the Manager, and if I don!t trust him and if I don't believe in his ability, the Charter gives me a remedy. #2, Hither the Chief is going to be the Chief or he isn't going to be the Chief. And I say that I live under the Charter. form of government and I'm will- ing to deal with that at that point. Thirdly, I think that all of us are missing the real gut issue and gut level of the problem. We, the Commissioners, have or apparently we are skirting it, or either the citizens have not known what is or the newspaper didn't pick up the punch line. Now I must take off my glasses and read. The Grand Jury Report which has created all of this commotion, I presume, if you want to call it that or got all of us where we are, in its last para- graph to us, made a very significant recommendation, and I'm willing to follow it. Listen to this: "In conclusion, the Grand Jury recommends that surveys of the Miami Police Depart- ment now in progress by Booz Allen Corporation and Stanford Research Corporation be given thorough study and implement- ation by not only the Chief but by the City Manager and the Commission. For the benefit of the public and the news media, there are some recommendations in the Booz Allen report that can perhaps bring us some relief. We haven't addressed our- selves to that yet. For the benefit of the public who is emotional at this moment, on the thirtieth of this month, we have said that we're going to look at the Booz Allen Report. It might be interesting to note how we're going to react to the Booz Allen report and I think that out of fairness its demeaning to me, I would not do Garmire any worse than I would want Garmire to do me, nor would I do Paul Andrews, the Manager any worse than I want Paul Andrews to do me. I've learned this, what you sew you reap, and what is my day today may be his day tomorrow. And I think that ou* of good con- science I'm prepared since I voted the people's money to pay for the Booz Allen report and the Stanford Research, I'm prepared to take that first step. That is deal with that first and all the other characters may fall into play. Let me make this final comment. When I look at the Chief's posit- ion, being a native I have watched this City grow. I knew the former Chief and I've known a number of people in the department but I want to say to the public this; I run a church and if all the assistants were chosen before I got there, and all the first and second and third and fourth line command men were there, Man, I'll have one devil of a time running that church. It is only when I have mobility with some of those personnells in that church.... that individual policemen could then go around and talk about their loyalties. They have one, I have only one. You know where that is, to the citizens of the City of Miami. And if a policeman on this force feels that he doesn't have the moral courage and terpitude to carry on he ought to be man or woman enough to stand up and be counted, to put up or shut up, cut bait or fish. It is exactly that. Mayor Ferre: Thank you Father. I would like to, at this time pass the gavel over to theVice-Mayor for the purposes of making a motion and ask to be recognized. I'm going to be reading from a statement that I wrote so that I won't make any mistakes. Mr,. Plummer: Mr. Mayor, since you have indicated that you are at the 'verge of making a motion, it was with my recollect- ion that you were going to allow the Manager himself to be heard. I think that before any motions are made we should hear from the Manager. Mayor Ferre: I beg your pardon. Paul, do you want to say anything at this time? 26 MAY 241974 Andrews s I wag going to recommend that if you make a motion and if there is a second that in the discussion pro` cesa that I be permitted to speak. Mayor Ferret I beg your pardon. MIrs. Gordon: 2 would like to question you first. I would like to ask you for all the benefit of all the people here who are not familiar with the terminology of the Booz Allen Report and the Stanford Research Reports that you please say a few words to both of those reports. Mr. Andrews: All right, I will. Mr. Mayor and members of the Commission, I have read the Grand Jury report very care- fully and in detail. There are two areas that it primarilyl addresses itself to, morale and performance, and particularly morale which is extremely difficult to measure and at many times to understand the variance between excellent or poor morale. I recognize that there are problems in the P Police Department as there are in other departments in the City of Miami. However, there is a set of circumstances which exist in the Police Department today that perhaps create a situation in that department to a greater degree than in others. I also recotnize that the department is going through a serious change. That changing process began, I think when Chief Garmire arrived and was appointed as its Chief. Here are a few of the significant areas that are impending upon the department at this time: The Stanford Research Institute Studies. I'll elaborate on that fulfilling Mrs. Gordon's request. This is a study in an effort to modernize the depart.- ment as a result of the $20.000,000 bond issue. Recognizing that a wise course of action should be taken ;n the expend- iture of $20,000,000 in order to modernize it, it was nec- essary to solicit and receive proposals and to hire a con- sultant who could assist the city in examining all the facets of the way the department now operates and then analyzing and innovating ways that the department should operate in the future and I might say this has partly come about through a study of departments throughout the nation and beyond that. In addition to the Stanford Research Study which suggests change which people are so fearful of so often, we have the Booz Alien Studies under way. The Booz Alien study can be divided into two parts, one dealing with organizational change to modernize the administration so that it can more effect- ively deliver services to the people of Miami than it is cap- able of doing so now. The second aspect of their study is one dealing with human resources, how the City manages the people that work for the City of Miami, where all the author- ity is vested, how this authority is brought into play and are we serving the people of the City of Miami who are employ- ees of the City of Miami in the best possible way so that they can operate and perform as effectively as they can. In addition to this we have the Black Officer's Court Case. I'm not going to spend too much time on that, I think we're all acquainted with it. In addition to that, we have employed the University of Chicago to begin a series of studies to assist us in better recruitment, better examination, better evaluation of not only the Police Department but hopefully in the future, using the Police Department as an example, this type of performance will be carried throughout all the departments of the City and I'm sure the City of Miami will become a model for not only the Dade County area but the State of Florida. We have another condition of grouping to- gether of officers within the department to a greater degree than it exists in any other department. They're the Black 27 MAY 241974 Officers who have banded together for a specific purpose, the Latin Officers for another, the Captains and Lieutenants for another purpose, the community PBA, the Union, the Sergeants examination brought together another group of people for an- other group of people for another purpose and the PEA itself. In addition to all of this, there are some specific areas within a department that have not surfaced publicly but are of deep concern to the police officers. How lines of com- munication are established in a department is an area that I think it's reviewed. How officers are assigned to various units in the department, what is the criteria for assignment. A clear understanding of the positions that are available in a department and the promotability of officers from the ranks all the way through the positions of captain and the appoint- ment of majors. The review of pay and promotion opportunit- ies, we just went through an example of t'iat and I would like to stop for a moment and explain. For a 10 year period since the International Chief's of Police Study the City has been grappling with many facets of that study but one in particular which can serve as an example is the number of sergeants that are in the department since that study that were created through a grandfater condition and the City Commission was confronted with a complaint on the part of people who were left on the register through their attorney. I've spent much time in this problem area with the management of the Police Department and the police officers themselves so involved and I think jointly, after many hours of discussion we've come up with a solution that both the management within the Police Department can live with and the employees have ac- cepted and its all on the basis that this is legally pos- sible to achieve. We need to evaluate the individual officer performance more carefully. The tendancy is '-r, criticize the Civil Service System, perhaps the City Manager's Office that we don't have the right tools to evaluate employees. Until that's changed we do have two tools which exist and I want to find out how those tools are being utilized in the Police Department. There needs to be a review of the Internal Security.procedures, a careful one. I've taken on the ad- ministrative approach which will henceforth be utilized in the Police Department when Internal Security becomes involved in a matter under its own volition or through my direction where I find or they report to me that there is evidence of criminal activity, I want them to cease their investigation and that this information be turned over to the State's Attor- ney and that we pursue this as a criminal act in fact and not attempt to approach it on the basis that administratively the best step that we can do is to have the person severed from the City of Miami by leaving his position wiht the City. I think we need to review the training procedures within the department and it's not only the Department of Police as far as training, this is part of the whold Boom Allen Study. I think this is an important element insofar as the total part is concerned. I want to indicate that on the predicate that the Commission is going to establish policy and give me direc- tion and I want to make this abundantly clear that I have not last confidence in Chief Garmire. I think he is a skilled administrator, I think he has performed in an excellent wayl through this period of change in the City of Miami. Admin- istrators are known for their skills and their personality enters into the utilization of those skills. Not everyone has the same personality. I'm not so concerned that Chief Garmire in like by all the people in the Police Department but I would hope that he has their respect. I don't expect everyone will be loyal to the Chief. That is something that he must earn. But I would expect that the Police Officers are loyal to the department and loyal to their fellow officers. 28 MAY 2 41974 I've indicated an area that I place extreme importance on and that is through the fractionalization of the officers in the department through their various organizations. There could be very a pulling in opposite directions to achieve the same goal. It will be Chief Garmire's responsibilityl and mine to find some way to try to bring these people to- gether in a way thatwe're all headed in the same direction. I will conduct a review of the Police Department. If I do so I will do it in a way tha does not in any way undermine the authority of the Chief or remove any area of responsi- bility he has. I as City Manager have the authority to di- rect the Chief to do certain things if I choose to see them accomplished. If that's necessary, I will not hesitate to do so. I would, and I've read in the newspaper, and there's been an expression as to a time limit when this can be achieved. I don't think that the problems that face the Police Depart- ment can be solved in 30 days or 60 days. I can surely understand that there can be an expression of where we might be going and what we might try to accomplish as time goes on. That can be achieved in 30 days, but I have another re- sponsibility to the City and that is to submit to the City Commission a workable budget under extremely difficult cir- cumstances and if I'm not careful, if I just follow the directions of the Commission in a motion or a resolution that they might adopt forcing me to take actions that I can not possibly follow through on, I can create a far worse situation for the City than what "morale problem" might exist in the Police Department by submitting to them a sloppy budget which I'm not going to do. So I have to find a way of balancing the two inorder to try to achieve some success in both areas. Mrs. Gordon: Mr. Andrews, would it be of any assistance to you for a citizens study committee be assigned to assist you in this direction? Would you find it beneficial or detri- mental to you? Mr. Andrews: I think it would be detrimental and I would recommend against doing it. I think the City Commission looks to the City Manager for certain responsibilities, I look to the Chief and I think that's the process that we should use. Mayor Ferre: All right, thank you very much, Mr. Andrews. Mr. Chairman, now I would like to be recognized for the pur- pose of making a statement and a motion following. In 1973 the Grand Jury issued a report on May 21. The full text of which was 31 pages of double spaced type has not as yet been published by any major media. That report, in my opinion is conclusive. It says in its first recommendation that there is a serious morale prcblem in the Police Department. They lay the blame on Police Chief Garmire. They further claim that the morale problem has affected performance, that the City Commission should demand, and they use the word demand, that Chief Garmire use all of the authority vested in him to correct these poor conditions and that if he can not, new leadership be sought. The Grand Jury report could not have been more explicit. This is not a matter dealing with the State Attorney, the Mayor, or anybody else. Are these conclusions and recommendations of the 1973 Grand Jury anything new into this community? We have the Grand Jury report of 1970 dated May 11,'1971, which is three years ago, which addressed itself to the poor morale in the Police Department and then stated, "It is urgent that Chief Garmire make special efforts to establish better lines of communication with his men less the effective operation of the Department be imperiled". 29 MAY 241974 • • So it is not one Grand Jury report, but two within three years that maake the same criticisms. It is true that many governmental departments at one time or another have morale problems. There are police chiefs all over the United States that have morale problems. The quest- ion here in Miami is, are Chief Garmire's problems beyond re- pair? Or can they be resolved and corrected? Based on two Grand Jury reports, the continuous decline of morale obviously has affected the performance of the Police Department which is evidenced by an 18% crime increase the first quarter of 1974, which cannot be ignored regardless of how you read the statistics. Now what can we do about this problem? There are those who accuse me, and now two of nefarious reasons for bringing up criticisms Chief, that is for putting Chief Garmire on the Grand Juries, of the Police spot. I would like to point out that the Grand Jury Report of Tuesday also charges me and other members of the Commission with elective responsibility when it states, "The City Com- mission has failed to take action to remedy the morale prob- lem which is affecting police performance." I accept that responsibility personally, and I am sure we all do on this Commission and the Administration. I intend to live up to my promises to the people of Miami to get the police out on the streets and that means to get them working at maximum efficiency. It is not my job as Mayor, or that of the Commission as outlined in the Charter, to fire Chief Garmir^ That is not and never has been my intention. Although I have stated that if a vote of confidence were asked of the Commission, I would vote no. Regardless of how you read the statistics, the job simply is not being done. The Grand Jury report and I, in no way question Chief Garmire's integrity or technical ability. That is not the problem outlined by two Grand Juries and many other critics. The problem is morale and performance. The most derelict thing that this Commission could do at this time is to ignore the Grand Jury report. To say that we hear but we will not listen. Today, hearing and listening to two Grand Jury reports, I will propose specific suggestions on how to attempt to solve the problem. I will be happy to listen as I have in the past and will in the future, to other suggestions, but what I will not do is to sit back and do nothing. There are two ways that we in the Commission can address this problem. 1. To vote a non confidence of Chief Garmire, where the thrust of the Grand Jury blame went, by emphatically stating a policy to the City Manager demanding his direct intervent- ion by assuming full and direct responsibility for the Police Department. 2. The second alternative would be, as provided by the Charter, to form a committee of the Commission, or we could appoint an extraneous commission or committee if we would want, to investigate the Police Department. Now I am against this because to do this would be to place a cloud on the 30 MA►Y 2 41974 • • Manager, which in my opinion would be unfair, unjust and un- merited at this time. I well recognize that the Manager is a very busy man with ari important budget coming up. He must run all of the departments of the City. But the situation in the Police Department is critical and, therefore, we cannot Sit idly by. We must take definitive action. I will put my vote of confidence in Paul Andrews. Let us give the Manager a reasonable time, not as long as it would normally take, but as long as we can affore at this critical time, to straighten out a most unfortunate situation which now exists in the Police Department. I move that the Manager, by taking full and direct re- sponsibility of the Police Department, report back to the Co Commission, after being fully informed, that definitive steps have been taken to solve the problem. Now ladies and gentlemen, I would like to, with your concurrence, like to do this in the following way. I have two resolutions. One is, in my opinion, not as strong a statement and perhaps if we can get by that one then I am going to offer the one which I have just mentioned of request- ing the Manager... Let me read what this resolution says and then offer it. The title is a resolution accepting the portion of the report of the Dade Grand Jury -portion, I want to be very specific -portion of the report of the Dade Grand Jury concerning the morale problem existing within the Police Department of the City of Miami. Recognizing the morale prob- lem and expressing the concern of the City of Miami about this problem and its affect on the efficiency of the Police Department. The text, as you can read says, ,•'!ereas. the recent report of the Dade Grand Jury contains a finding of same Grand Jury that a morale problem exists within the Pol- ice Department of the City of Miami and whereas the Commis- sion of the City of Miami is concerned about the problem as it relates to the efficiency of the Police Department, now therefore, be it resolved that the Commission of the City of Miami,Florida, Section I, that the portion of the report of the Dade County Grand Jury concerning the morale problem existing within the Police Department of the City of Miami be in same, is hereby accepted. Further, the Commission of the City of Miami hereby recognizes and expresses its concern about this problem and its affect on the efficiency of the Police Department. I so move. Mr. Reboso: We have a motion. Mrs. Gordon: Mr. Mayor, is there anything in the Grand Jury Report without me reading the whole thing that refers tothe efficiency factor that you have in your resolution? Or only to the morale problem? Mayor Ferre: I think the morale problem, and I would be happy to strike that portion where it says efficiency, where is that, by the way? Mrs. Gordon: I don't know, I didn't read the whole report.. Mayor Ferre: No, I'm talking about the resolution. Where does it say that? All right, I would cross that out -the con- cern of the Commission of the City of Miami about this prob- lem., and its affect on the Police Department. Yes, cross out the words "the efficiency and its affect on the Police Department". I would accept that. See, now that came from the word performance but I won't at this time stress that. 31 gee, the report said that the morale problem and performance and that's where efficiency comes in but I don't want to be.. labor the point. Cross out "and its affect on the Police Department". That's good enough. Mr. Plummer: All right, Mr. Mayor, let me understand. What you're saying in this resolution is that we recotnize there is a problem, we accept the Grand Jury's report, and we are concerned about its affects on our Police Department. Is that the jest of this resooution? Mayor Ferre: That's correct. Mr. Plummer: With the corrections so noted, I will second the motion. Mr. Reboso. We have a motion and a second. Any further dis- cussion? Mrs. Gordon: I would like to have a moment to read this thoroughly please. Mayor Ferre: While you're reading that, let me once again re- iterate that there are two motions here. This is the first one. I'm doing it in a way so that we can pass what I consider to be the softest first and then later on we'll get into something which obviously will be more difficult. This is simply recognizing, accepting the report and what it techni- cally does, is it puts us on record as recognizing the prob- lem. Mrs. Gordon: I think this ought to be re-wor&-d, Mr. Mayor. I understand your intent, I'm not quarreling with your intent. Mr. Plummer: Well Rose, for everybody's benefit, what are your thoughts? Let us know. Mrs. Gordon: I would like to take a few minutes to do this in an efficient manner. Mayor Ferre: Mr. Lloyd, would you tell us, under the Charter, since we closed the public portion of the meeting and we have read a resolution which I have read, I would like, in my op- inion, I think this is a matter that should go before the Com- mission. Now is this a matter that we can open for public discussion at this point? Mr. Lloyd: This is at your discretion, Mr. Mayor. Mayor Ferre: I think at this time we are going to keep this as a Commission matter.... Reverend Gibson: Mr. Mayor and members of the Commission, J.L., I need your Godly advice. Mr. City Attorney, I need your legal advice. Contrary to a lot of people, when the newspaper writes things, I don't disagree. When they de- scribed me the other day, I accepted their description and I don't have any problem with that. I do sit up here as though I'm sleeping and everyonce in a while come forth and preach a sermon and then ask some probing questions. So for the benefit of the newspapers, we're together. The newspaper said something this morning, don't usually read the news- paper before I eat breakfast, but I couldn't wait. The news- paper said something this morning about disparity in the num- ber of people who were interviewed about what the Grand Jury Foreman said as to the number of people who were questioned 32 MAY 241974 and flow, Mr, Lloyd, I understand the Mayor's intent but if the newspaper is right, where does this put me with the Grand Jury Report? l only have one Grand Jury Report. Mr, Plummer: Let me tell you what basis I seconded the motion. This motion, as I read it... Reverend Gibson: Mr, Mayor, I'm reading the one that created all the fury that got our tempers up. Now wait a minute, Mr. Mayor says which one. The Grand Jury said, just a minute, the newspaper said they investigated and discovered that those numbers were not necessarily correct. So now, what I'm quest- ioning is, if I pass what the Mayor is asking us to pass, are you asking me to pass this with the full consciencousness of what the newspaper said? They aren't always right but they sure struck a real chord with me this morning. Now you an- swer that one for me. Mr. Lloyd: Yes, sir. By the passage of this resolution vot- ing in favor of this resolution would mean of course that the Commission is individually and collectively agreeing with the Grand Jury report. Mr. Plummer: Oh no. No, sir. I accept it, that doesn't mean that I agree with it. There is a big difference. I read here what I read. Now let's don't play games on words. Mr. Lloyd: I meant to say accept, I'm sorry. Mr. Plummer: There is a big difference in what you mean and what's down here in black and white. Mayor Ferre: This motion says "accept". Mr. Plummer: I accept that they published a report and I take exception, and if it does have an affect on my Police Department, yes, sir, I am concerned. Mr. Lloyd: That's all the resolution says. Mrs. Gordon: Yes, but you're not accepting that it is in fact the condition as it exists, totally, that this is proof of the pudding. That's what you're saying, that's what I read that this resolution was saying and I don't think we're ready to make that statement. Mr. Plummer: No, sir. The motion I'm ready to make will clarify it real quick. Mrs. Gordon: Why don't you try it on for size? Mr. Plummer: No, the Mayor has the prerogative. I'm listen- ing to the Mayor. He wants the priviledge and he's taking that priviledge. I seconded the motion. Let me tell you so there will be no misunderstanding. I said in accepting this motion that we the Commission accept the Grand Jury published a re- port stating in there that there was a morale problem. 2. I seconded this motion based on the fact that if there is a morale problem that we are concerned about it as a Commission. Now the next motion that I'm ready to make so that there will be no problems, and no play on words, that that Manager find out and do an indepth study and if there is about it, he is the one who is to take the action, and baby, he'd better do it. Now let's don't make any words about it. Mrs. Gordon: Mr., Plummer, I asked for a re -wording for that 3a MAY 2 41974 specific reason because this resolution does not say what yOu are saying, nor does it express the intent, as I see it, Of this Commission. Therefore, t believe the Law Department should be instructed to go back and rewrite this and come back with what this Commission, from the expressions having just been made intends Mayor Ferre. Rose, Mr. Chairman, I understand everybody's feelings on this and I think this is clear. We're clear. I'm perfectly willing to tibide by whatever everybody decides here and after whatever discussion anybody wants to have on it, I would like to call for the question, Mr. Chairman. If nobody else has any discussion on it, I think we ought to vote on this thing and either turn it down, and if it's turn- ed down then I've got an alternate that I would like to pro- pose. Mr. Plummer: Mr. Mayor, I'm sorry to blow it up but sometimes you hit a sensitive nerve. You didn't, but let's just say a sensitive nerve was hitting. Mr. Lloyd, clarify it, sir. What does this resolution say? Mrs. Gordon: Repeat the resolution as we're going to vote on it. Mr. Plumme.': Just put it down in clear terms. Mr. Lloyd: A resolution accepting the portion of the report of the Dade County Grand Jury concerning the morale problem existing within the Police Department of the City of Miami... Mayor Ferre: A portion. Mr. Lloyd: The portion of the report Mr. Plummer: So there will be no misunderstanding, Mr. Lloyd, does that mean, in layman's terms, that we accept that the Grand Jury published a report and in affect that report stated that there was a morale problem. That's all it does, is that correct? Mr. Lloyd: Yes, sir. Mr. Plummer: Ok, go on. Mr. Lloyd: Then it says recognizing the morale problem. Mrs. Gordon: That's the part we're questioning. Mr. Plummer: I'm not questioning it Rose, except for the fact that yes, it is in the report. I accept that. Go ahead. Mr. Lloyd: Then it says recognizing the morale problem and it says expressing the concern of the Commission of the City of Miami about this problem and its affect on the efficiency of the Police Department. Mayor Ferre: It couldn't be clearer. Mr. Plummer: Now wait a minutd now. Mr. Lloyd: No, I mean and its affect on the Police Depart- ment. Mr. Plummer: Rose, let me tell you once again so there will be no misunderstanding. I'm saying 1. Yes, the Grand Jury 34 MAY 2 41974 published a report. 2. In the report it spoke of a morale problem in the Miami Police Department and yes, if it does affect our efficiency of our Police Department, I am as a CoYmnis s ioner concerned. Mrs. Gordon: Well why don't you make that the motion. What's the kind of a motion that 1 could vote on. Mayor Ferret (Inaudible) Mr. Plummer: Sir, 1 couldn't be anymore clear that what I said. Mrs. Gordon: What you said was very clear but what this resolution says is not clear and does not say the same thing. Mr. Lloyd, could you rewrite this resolution so that it would satisfy this body? Mayor Ferre: I will not withdraw this resolution Mr. Lloyd: But I will write resolutions anyway you want them. Mrs. Gordon: It may please the Mayor just as well to.... Mr. Plummer: Let's don't play Look, you've heard my comments as they relate to this, or are games please. All right? twice now. Are my comments my comments wrong? Mr. Lloyd: No, your comments are correct sir. Mr. Plummer: Well, if my comments are correct. God knows this record is clear. I couldn't be any clearer than what I'm seconding. Mrs. Gordon: Mr. Lloyd, you're not misleading him intention- ally, but %h at you're saying, I believe, and I'm not an attor- ney.... Mayor Ferre: You're questioning the attorney now? Mrs. Gordon: It's not correct, it's not to the point. Mi. Lloyd: Well then, I'll just change one to the point. Reverend Gibson: I want everybody to hear me, I haven't said the other part. I may not be questioning the Attorney but I shall always remember the late Bill Baggs. He was going to have a will written and the lawyer was telling him what word ought to be used. He said "Look man, I think I know the King's English." Now all I'm saying to the Attorney, look man, based ' on what I'm reading I think I know the King's English and Gibson isn't going to vote for these words. Ok. Now you've got the choice, you can either rewrite it or let me tell you what I learned, and I went to school by night. I'm ready to vote. Mr. Plummer: Did you hear Plummer's remarks? Reverend Gibson: Yes, sir, I heard. Mr. Plummer; Is it pretty clear in the King's English? Do you have any disagreement with it? Mrs. Gordon: No, you said what you wanted to say. Mr. Lloyd answered you in the affirmative and I take exception with him, that's all. MAY 2 41974 Mr. Lloyds dhst a moment. You may amend this or do you want to and then we will prepare what you want. anything Mrs. Gordon: Well I'm not offering the motion. The maker of the motion has to amend it or be willing to. Mayor Ferre: You want to start slower, and then we'll see if we can build up? Let's start slower. Let's start down at the lowest level of concern. Plummer, please listen care- fully because I'm striking some words. I will take back this motion for the moment and I'm going to start at a little bit lower level and then I'm going to offer this motion again after we start from a lower level. Now the resolution will read as follows: A resolution accepting that a morale prob- lem exists within the Police Department of the City of Miami. Recognizing the morale problem and expressing the concern of the Commission of the City of Miami about this problem and its affect on the Police Department. And it reads, Whereas the Commission of the City of Miami is concerned about the problem as it relates to the efficiency of the Police Depart- ment, now thererfore, etc, Section I, that the morale prob- lem existing within the Police Department of the City of Miami be, and the same is hereby accepted and further, the Commis- sion of the City of Miami hereby recognizes and expresses its concern about this problem and its affect on the Police Depart- ment. Now all that says is that we recognize the morale prob- lem. Reverend Gibson: Mr. Mayor, since I'm supposed to be the .. of the ...., you didn't change what you've been saying all along. That's the same thing. What we're saying to you, Mr. Mayor, it isn't, we aren't the fact finding grr+up. They found it, they said this, I'm not saying it. Now any way you word Mrs. Gordon: May I have the priviledge, Mr. Mayor of reading you a couple of word changes and maybe you'll find it accept- able and maybe you won't. Mayor Ferre: All right, go ahead. Excuse me, Rose for inter- rupting you but there is a basic difference now of opinion because you see, what I'm saying and let's understand this. There is no question about this. There is a morale problem in' the Miami Folice Department and I want to recognize it officially. I know there is. Mrs. Gordon: If this does not satisfy you you can move for- ward with what does satisfy you. I'm reading from your pre- vious resolution. A resolution accepting the portion of the report of the Dade County Grand Jury concerning the morale problem existing "within" the Police Department of the City of Miami as expressed in the Grand Jury report. The Commis- sion of the City... The Commissioners of the City of Miami will investigate through the City Manager,.... I can't read my own writing, let me get this on the typewriter, Mr. Mayor.. Mayor Ferre: Rose, I'll tell you.. Mrs. Gordon: port, we'll own opinion Mr. Plummer,said it. We're accepting the re- take time to look into it to come up with our and that's all. Mayor Ferre: I'll tell you, Rose, what you:re doing is, excuse me because I want to make this motion now and Mrs. Gordon, Mrs. Gordon, Commissioner Gordon, I just want to make one simple statement. What you're doing now is, you're putting 36 MAY 2 41974 et1 together Resolution 1 and 2 that Plummer was talking about a second ago, as I understand it. Now I want to go back and I want to please insist, if I may,that we accept that there is a morale problem in the Police Department and that's the thrust of it. Now I'm going to read it again. I took out any mention of the Grand Jury so that there is no confusion about this being a matter of the Grand Jury. A resolution accepting that a morale problem exists within the Police Department of the City of Miami, recognizing the morale prob- ]em and expressing the concern of the Commission of the City of Miami about this problem and its affect on the Police Department. All I'm saying is we recognize there is a morale problem, we recognize that it affects the Police Department. Now how, you know, it is basic. Mr. Plummer: Mr. Mayor, I can tell you how, if I were word- ing the thing, and this was what I was going to get to, that we, the Commission, accept the fact that there are problems within our Police Department. One of those brought out by the Grand Jury is that of morale, that we, the Commission of the City of Miami direct as provided i:i our charter, our City Manager to gain first hand knowledge of the problems as they exist, that in hopefully 30, but no more than 60 days he come back before this Commission with his findings, what he reco- mmends to correct them so that this Commission can implement. Now that's the way I would word it. Mayor Ferre: All right, let me read the other resolution. Maybe we had just better get on to that one. See if this is acceptable to you then. This is the second one which is the one that you're talking about here. A resolution directing the City Manager of the City of Miami to take immediate direct control of the City of Miami Police Department and to assume full responsibility for the supervision of the activ- ities of said Department for a period of not less than 30 days and not more than 60 days. Whereas the recent report of the Grand Jury contains the finding of said Grand Jury that a morale problem exists within the Police Department of the City of Miami and whereas the Commission of the City of Miami is concerned about the problem as it relates to the efficiency of the Police Department, now therefore, be it re- solved by the Commission of the City of Miami, Florida, Sect- ion I that the City Manager of the City of Miimi is hereby directed to take immediate and direct control of the City of Miami Police Department and to assume full responsibility for the supervision of the activities of said department for a period of not less than 30 days and not more than 60 days. Reverend Gibson: Mr. Lloyd, let me ask. When we say, Reboso, I want you ,to be sure to hear me because lyou know I'm dense, when we say we're directing the City Manager to take direct control; now look, the Charter says the only person that manages the Police force is the City Manager. He's already the boss. All we've got to do is say Mr. Manager, fish or cut bait. You know what the problem is. We want you to rectify it, proceed to get some action. Mayor Ferre: I'll tell you what I'm avoiding doing and I think I'm going to end up doing it. There is a vote of no confidence... Mrs. Gordon: Why don't you just table this whold thing, Mr. Mayor. Reverend Gibson: All right. I'm prepared to vote for that, Mr. Mayor, I'm prepared to vote on the no confidence. 3.. 1 MAY ? 41974 Mayor Ferre: Bring me the no confidence motion, Mr. Lloyd. Mrs. Gordon: Mr. Mayor, before you do that may I give you a very simple, about 6 lines that you can use that would start this thing in motion if you don't want to table the whole thing? Mr. Plummer, would this satisfy your intent? Accept the report of the Dade County Grand Jury which outlines a morale problem and direct the Manager to investigate and re- port back to this Commission within 30 days. Mayor Ferre: Now I'll tell you, Mr. Lloyd, this is a very important crux in this whole deliberation and I am going to ask you, I'm going to offer if we can't agree on this, in my opinion, innocuous statement of agreement that there is a morale problem, then I'm going to offer a motion of non- confidence in the Police Chief and I want to say, that before I do that, that I want it expressly clear, Mr. City Attorney, that it is within the prerogative of this Commission to do so under the Charter. Now you tell me whether it is or it isn't. Mr. Plummer: Yes, and I want you to outline in the Charter where it specifies that. Mrs. Gordon: Yes, so do I. Mr. Lloyd: This would coarse under the powers of the'Commis- sion as a law making body. Now if you're asking me is there an expressed provision in the Charter that the Commission may express a vote of no confidence in the Police Chief, there is no such expressed provision. But the commission may, if it wishes, make suc:z an expression by a resolution. I said there is no expressed provision in the C'harter which absolutely says that the Commission may express a vote of no confidence in the Police Chief but the Commission under its general powers may make expression of policy and make expressions of their feelings. Mayor Ferre: Now I want to reiterate again that this is not my intention in passing this today and Paul, I don't want to do it but we're going to pass something here today. Mr. Andrews: Mr. Mayor, I think it is worth the time for the Commission to labor over this and come to some conclusion .. than an expression of no donfidence. Mayor Ferre: I want to avoid that at this time. Mr. Andrews: I think that you're going to create more prob- lems and create a condition that you're exactly trying to solve. I don't think that that's the solution. I think you ought to go through the trouble of formulating what you need to do. Mr. Reboso: Mr. Reese. Mr. Reese: Mr. Mayor and members of the Commission, I want to thank you for giving me the priviledge of standing up and speaking at a time like this. Sitting in that chair back there I was so afraid that I might develop an ulcer. I think this Commission is endeavoring to solve a problem and arrive at a unanimous solution without recognizing all the ramifica- tions that undoubtedly'the Grand Jury went into. I think the Grand Jury System is wonderful, I think it is very functidnal, but Mr. Mayor, I want to go on record saying that the Grand Jury could go into the Maule Industry today and come out with a morale problem report. They can go into any industry or 35 MAY 2 41974 any employer and come out with a report because someone ford► got to define what is morale. And once when you define it you apply that as your definition. It's not a political ex- pediency, it's not something to cure everything. Morale problems are something that are inherent in the human being and I think you have to have morale to a certain degree, a good morale, and a morale problem inorder to have a group of people function. 1 think the United States Army and the military forces demonstrated that. I think the Grand Jury report was telling you people something. It wasn't telling you that it solely existed in the Police Department, please look at that report. There happens to be one little aspect to this little report that talks about "promotions are made on the basis of 80% given to written tests and 20% on senior- ity with no consideration given to performance." Now the Chief is supposed to correct this? What this Grand Jury re- port says, "We recognize that there are cliques within the Department, we recognize that there are morale problems within the Department, we're asking you as elected officials in cooperation with the Police Department to implement the pro- posals that are being made by Booz Allen and Stanford re- search. At that time to apply those to reconcile some of these problems that can be reconciled." But I want to tell you gentlemen, I came to this town on March 21, 1960 and I think the first Grand Jury report pointed out the morale prob- lem. There was a morale problem going back to 194E in the Police Department if you want to do a little research and look at it. It isn't anything new, I think it's something that should be faced but it has to be faced corrective and logical, it can't be done by passing a resolution Without following your normal procedure of having this resolution printed and mailed out and have it evaluated by the review- ing public to come back and give you their reaction. Please don't shoot from the hip because everytime you do somebody loads your bullets for you and you don't mean to do that I know, but please reconsider and approach this that it is a community problem, it's a problem that needs to be worked on by the City and your City Charter has all the vehicle in the world to get to the problem and get a solution to it. But the final solution on a good number of these are going to vest and be faced right here at this Commission and you can't walk away from it. Reverend Gibson: Mr. Reese, let me ask you a question. I guess we'd better put it on the table. You would concede and admit now, you didn't say it, but I'm going to have to say it, that Gibson was right that if we followed what was recommended in the last paragraph by Booz Allen and imple- menting and all of these corrective measures, that's where the crux of the problem, I mean the gut issue. Mr. Reese: This is a part of the solution. Mayor Ferro: Mr. Reese, I want to thank you for taking the time personally for coming down here and expressing your opinion and it is a very important and a very valuable opin- ion and it certainly weighs heavily on this Commission and it weighs heavily on me. It is certainly not my intention and I would like to very much avoid the matter of putting this on a matter of confidence of the Police Chief. Now I would only do so if I feel that I'm forced to do that if I have no other alternative. I think there are other alterna- tives and that was my intention as I started out this morn- ing. Now I want to once again reiterate my motion. My mot- ion is that we go on record stating that the City Commission recognizes that there exists a morale problem in the Police 35 MAY 2 41974 Department and that we are concerned about the effects of this morale problem on the performance of the police Depart- ment. l'm willing to start there. Now I would like to move, 1 so move. Mr. Reboso: We have a motion on the floor. Mre. aordona Will the Clerk repeat the motion as he heard it? Mayor Ferree Would you repeat the motion please? Mr. Southern: That the City Commission go on record stat- ing that the City Commission recognizes that there exists a morale problem in the Police Department and that we are concerned about the effects of this morale problem on the performance of the Police Department. Mayor Ferre: Now that is a recognition, or if you want to vote against it... Mrs. Gordon: Just put in one word, "if". Mayor Ferre: "If" what? Mrs. Gordon: If there is a morale problem. I mean you are accepting the report. Mr. Mayor, it isn't that we're dis- agreeing we're just saying ,.hat we're Accepting the report which states there is a morale problem. Mayor Ferre: That's what I'm stating. I don't wait to put if in there. I'm saying there is a morale prLhlem and we're concerned as to how it affects the Police Department. Reverend Gibson: That isn't what you're saying. Mayor Ferre: Read it again, please. Mr. Southern: That the City Commission goes on record stat- ing that the Commission recognizes that there exists a morale problem in the Police Department and that we're concerned about the affects of this morale problem on the performance of the Police Department. Mr. Reboso: We have a motion on the floor, any second to the motion? Mr. Plummerl Mr. Mayor, if I understand the motion correctly, I have to agree with what you're saying is true. If 5 people went down and testified that they were unhappy there is a morale problem. We're hot saying to what degree or how ser- ious it is, we're saying that there is a morale problem. Mayor Ferre: Of course. Mrs. Gordon: In that resolution anywhere, there was no reference to the establishment of that being based upon the report of the Grand Jury. Mayor Ferre: I'm not saying anything about the Grand Jury in this one. Mrs. Gordon: No, you're saying there is a.problem. Mayor Ferre: That's right. MAY 2 41974 Mrs. Gordon* And Mr. glummer, Mr. Gibson and I all said we read the report and it says there ie a problem. Mow you have chosen to delete that either deliberately. Mayor Ferre: Of course deliberately, I didn't do it unintent.- ionaliy. Mre. Gordon: Or by accident 1 was going to say. Mr. Plummer: the motion as I understand it is that we the Commission recognize there is a morale problem and that we the Commission are concerned that this morale problem could have an affect on our Department. I second that motion under those circumstances. Reverend Gibson: JL, did you make an investigation? Mr. Plummer: Father, I don't have to make an investigation. Reverend Gibson: Now wait. Did we the Commission recognize, now the only time I recognize is when I make the investigation and therefore, let me tell you. I'm not going to let you tell me how to vote. I will vote if you tell me that I'm accepting the Grand Jury's report, if you say to me that what I'm doing is based on that the Grand Jury says. That's a different story. Mr. Plummer: Father Reverend Gibson: Theodore Gibson is going to vote because I made the investigation based on the word you've given me. Now I'm ready to vote. Mr. Plummer: Father, let's'come down to the nitty-gritty, Ok? Reverend Gibson: I've been there, man. Mr. Plummer: I can't remember, Father, the black officer's name who came to me about two weeks ago, or three weeks ago, or four weeks ago, what was the Black officer's name? Do you know who I'm talking about? All right, there was a Black officer who came to thi3 office to see you but caught me be- cause you weren't here and he gave me a 4 page document and in that document he says to me, that"there is a morale prob- lem, that I was fired unjustly, that I was taken advantage of, I was put on probation because I was Black." Is that a morale problem? Yes. We have a Federal Edict that was handed down. Father, did we investigate that Federal edict or did in fact that edict say gentlemen, you've got a prob- lem, it's morale? Yes. Father, I don't have to investigate. I can see the lights that there is a morale problem. I'm not saying to what degree or am I trying to put over tones into the Jury report. I'm saying yes, there is a morale problem. The following motion was introduced by Mayor Ferre who moved its adoption: MOTION NO. 74-436 A MOTION GOING ON RECORD STATING THAT THE CITY COMMISSION RECOGNIZES THAT THERE EXISTS A MORALE PROBLEM IN THE POLICE DEPARTMENT, AND THAT WE ARE CONCERNED ABOUT THE EFFECTS OF TtIIS MORALE PROBLEM ON THE PERFORMANCE OF THE • POLICE DEPARTMENT„ El MAY 2 41974 Upon being seconded by Mr. Plummer, The motion was pawed and adopted by the following vote - Mgt Mayor Ferrel Mrs. Gordon, Mr. Plummer and Mr. Reboso. WOW* Reverend Gibson. Mrs. Gordon: (On roll call) I'm going to say yes to the motion because I'm basing it only as an acceptance of the Grand Jury's report and for that reason I'm accepting it. Mayor Ferre: Mr. Chairman, so that Mrs. Gordon will be further satisfied and let's make it explicit then the next motion reads exactly the same except if you would add the following words to it, when it says in the beginning, a resolution accepting the portion of the report of the Dade Grand Jury concerning the morale problem existing within the Police Department of the City of Miami, recognizing the morale prob- lem and expressing the concern of the City of Miami about this problem and its affect on the Police Department, I so move. Mr. Plummer: Wait a minute, what did we just vote on? Mayor Ferre: I'm taking the next step up, J.L.. The next step is now doing what Rose said which is recognizing... Mrs. Gordon: Why didn't you say so in the first place? Mayor Ferre: Because I wanted to start at the lowest premise and that is that we accept that there is a morale problem. Now let's say that we're doing it based upon the Grand Jury report. All this does, is tie it to the Grand Jury report. Mrs. Gordon: You should have done that in the first place. Mayor Ferre: I agree with that, then second the motion. NOTE: Vice -Mayor Reboso surrenders the chair to Commissioner Plummer. Mr. Plummer: All right, mo•:ion made b.; Mayor Ferre seconded by Mr. Reboso, will you read back the motion please. Mr. Southern: A motion accepting the portion of the report of the Dade County Grand Jury concerning the moral.3 problem existing within the Police Department of the City of Miami, recognizing the morale problem and expressing the concern of the Commission of the City of Miami about this problem and its effect on the Police Department. Mr. Plummer: Under discussion? Mx. Mayor, under discussion, please justly simply tell me what you see as the difference. Are you just saying, Mr. Mayor,... Mayor Ferre: That we're recognizing what the Grand Jury report is saying. Mrs. Gordon: I move to rescind the first motion. Gibson: Second. Mr. Plummer: This really bothers me, it really does that we have come down to this kind of situation. Mr. Lloyd: Actually, the second motion is out of order be- cause you've got a motion with a second on the floor. The motion to rescind the first motion is out of order. MAY " 41974 Mr. Plummer: Are we here to play games or are we here to do a job? That's really what we're talking about. Mayor Ferre: You have a motion and a second, Mr. Chairman. Mr. Plummer: Mr. Attorney, please tell me which takes prece- dence, I'm sorry, I'm not that familiar. What takes precedence? Mr. Lloyd: The motion that is on the floor. Mr. Plummer: The motion of the Mayor? Mr. Lloyd: Yes, it has been made and seconded and no other motions can be considered except motions to table or that nature. Mrs. Gordon: Will you repeat the motion please? Mr. Lloyd: A motion accepting the portion of the report of the Dade County Grand Jury concerning the morale problem existing within the Police Department of the City of Miami, recognizing the morale problem and expressing the concern of the Commission of the City of Miami about this problem and its effect on the Police Department. Mr. Plummer: Does everybody understand this motion? The following motion was introduced by Mayor Ferre who moved its adoption: MOTION NO. 74-437 A MOTION ACCEPTING THE PORTION OF THE REPORT OF THE DADE COUNTY GRAND JURY CONCERNING THE MORALE PROBLEM EXISTING WITHIN THE POLICE DEPARTMENT OF THE CITY OF MIAMI, AND EXPRESSING THE CON- CERN OF THE COMMISSION OF THE CITY OF MIAMI ABOUT THIS PROBLEM AND ITS EFFECT ON THE POLICE DEPARTMENT. Upon being seconded by Mr. Reboso the motion was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Reboso, Mayor Ferre and Mr. Plummer. NOES: Reverend Gibson. The following conversation developed during roll call: Reverend Gibson: Mr. Clerk; I want to'expend my vote. I'm voting no in view of the fact that you're getting indirectly what you didn't want to do directly. Mrs. Gordon: Honestly, I'm going to tell you all right now that unless somebody puts this,in typewritten form I'm not going to vote on it at all. Mr. Lloyd: You have it in typewritten form in front of you. Mrs. Gordon: Give it to me and give me the first one that we voted on, I want to see the difference in the wording. I want to know just exactly what we're doing. Mayor Ferre: The typewritten form is right in front of you. It reads a resolution accepting the portion of the report of the Dade County Grand Jury concerning the morale problem 415 MAY 2 41974 existing within the Police Department of the City of Miami. Recognising the morale problem.. Mrs. Gordon: That's the part I want deleted. Mayor Ferre: Ail right, 1 would accept to delete that. De- lete that next sentence, Mr. Clerk. And expressing the con- cern of the Commission of the City of Miami about this prob- lem and its affect on the Police Department. Mr. Plummer: Rose, let me know when you're decided over there what you want to do. Mre. Gordon: All right. With the deletion of those words - recognizing the morale problem -I would vote yes. Now would the Clerk kindly read me the first motion we pass- ed? Mr. Plummer: I think the Mayor will stipulate, Mrs. Gordon, that with the passing of the second motion he will be willing to throw out the first. Mayor Ferre: No, I won't. There is nothing devious about this, it couldn't be clearer. All I'm saying is that this Commission accepts the fact that there is a morale problem, 1 and 2 that the Grand Jury said so and that we accept the Grand Jury report. It just couldn't be clearer. Mrs. Gordon: I want to know what the first one was, I may change my vote on that and I want it reread. Mr. Southern: A motion going on record stati.„; that the City Commission recognizes that there exists a morale problem in the Police Department and that we're concerned about.... Mr. Plummer: Mr. Clerk, I stop you sir, you're out of order. According to the City Attorney and to the City Manager Mrs. Gordon is out of order, you can not change your vote. Is this correct? Mr. Lloyd: That's correct. Mrs. Gordon: Show me that in the Charter or the law book. Since when, its at the same meeting and I can change my vote. Mr. Plummer: You argue with the Attorney. I'm chairing this meeting right now and he has said you're out of order. Now he is my legal advisor. Mrs. Gordon: I move to rescind the first motion. Mr. Plummer: Is that in order, Mr. Attorney? Mayor Ferre: Clear this up parliamentary, the only person who can vote for a rescinding of a motion is a person voting in favor of it, right? Mrs. Gordon: I did. Mayor Ferre: All right, the second must also be a person 'who voted in favor of it. Mrs. Gordon: Show me that in the parliamentary rules. Mayor Ferre: Clear it up. Even though I don't mind it going on, let it go through. Go ahead. MAY 241974 Mt. Lloyd You Can allow that in the discretion of the com- mission because you make your own rules. Mayor Ferrel Jl, there is a basic difference in the second motion as you well recognize, there was a struck a portion of the motion, the part that was struck was that which says - recognising the morale problem -and that's what the first motion says. Don't you see that? Mrs. Gordon: Mr. Mayor, had you stated originally that you were going to offer the second motion my vote would have been no to the first one. Anc I challenge you on that. Mayor Ferre: A11 right. I have no objection to that, I have no objections to your changing your vote, Rose. Mrs. Gordon: Apparently you do, or someone does. Mayor Ferre: No, I don't. I'm perfectly willing. Now listen. Mr. Lloyd: No, I suggested that that was a mentary procedure and under those you can't mission wants without the rules, you can as method of parlia- but if the Com- long as... Mrs. Gordon: On the first vote, I would like to change my vote to no. Mayor Ferre: Can we just allow her to do that without going through all of that? Mr. Plummer: I sure hope so. Mr. Lloyd: Yes. It's all right. Mayor Ferre: Show her vote es being no on the first reso- lution. (Inaudible) NOTE: Vice -Mayor Reboso resumes the chair. Mr. Plummer: Mr. Mayor, the second motion, if you want me to do it, go ahead. You've made your motions. The motion very simply, I told you what would be acceptable to me. Mayor Ferre: It goes as follows: A resolution directing the City Manager of the City of Miami to take immediate direct control of the City of Miami Police Department and to assume full responsibility for the supervision of the activities of said Department for a period of not less than 30 days and not more than 60 days. Whereas the recent report of the Grand Jury contains a finding of said Grand Jury that a morale prob- lem exists within the Police Department of the City of Miami and whereas the Commission of the City of Miami is concerned about the problem as it relates to the efficiency of the Police Department now, therefore, be it resolved that the City of Miami, Florida, Section I, that the City Manager of the City of Miami is hereby directed to take direct immediate control of the City of Miami Police Department and to assume full responsibility for the supervision of the activities of said Department for a period of not less than 30 days and not more than 60 days. I so move. Mr. Plummer: Mr. Mayor, may I offer this wording which I think even Father Gibson today could find approving. Reverend Gibson; I'm not so sure. 45 MAY 2 41974 Mt. Plunner: I'M not either but I offer it. Mts. Gordon, let me offer this and see if this meets with everyone's ap- proval. I think it is the jest that we the Commission ask the Manager as provided in the Charter that he investigate these alledged problems, hopefully within 30 days but not longer than 60 days and that said Manager report back to this Commission his findings together with his recommendations to correct the problems that he has found. Mayor Ferre: I accept that as a substitute motion and will second the motion. I withdraw my motion. Excuse me, Mr. Lloyd, technically now, I withdraw my motion. Mr. Lloyd: You're withdrawing your motion and accepting the... Mayor Ferre: And if that is in the form of a motion then I will second that motion. Reverend Gibson: All right. 'Let me make sure. You know, its well to be up here jogging and playing games... Mr. Plummer: No, it isn't, Father. Reverend Gibson: Wait a minute, I don't want you to speak for me. That's one thing that the Bishop swears, tilt I can speak for myself. I think we could have saved an awful lot of time if we had made that very motion in the beginning and it wouldn't have in anywise trampled on the authority of the Manager. Now all I'm saying to you is you know I don't have time to be sitting up here.... I will go for that motion because that motion does not ussurp the autho.:;ty of the Man- ager and we could have gone with those two motions that we passed. We didn't need them. We could have delt with that same motion you made. You could have done all of that and not given the impression that we don't have faith and confid- ence in the Police Department and in the Chief. I'm ready to vote, JL but I wanted that on the record. Mrs. Gordon: I'm going to have the Clerk repeat it again. Mr. Southern: A motion that the Commission ask the Manager that he investigate these all,edged problems, hopefully within 30 days but no longer than 60 days and report back to the Commission his findings together with his recommendations to correct the problems that he has found. Mr. Plummer: Mr. Clerk, so that it will be clear, it was not a request that we ask the Manager, it was that we direct the Manager to look into the alledged... Mr. Southern: I'll change that to direct then. Mrs. Gordon: About a half an hour ago I had exactly that on paper. That's a fine motion, you should have made it originally. It would have saved a lot of problems. The following motion was introduced by Mr. Plummer who moved its adoption; MOTION NO. 74-438 THAT THE CITY COMMISSION DIRECT THE CITY MANAGER THAT HE INVESTIGATE THESE ALLEGED PROBLEMS, HOPEFULLY WITHIN THIRTY DAYS, BUT NO LONGER THAN SIXTY DAYS, AND HE REPORT BACK TO THE COMMISSION 46 MAY 2 41974 HIS FINDINGS, TOGETHER WITH HIS RECOMMENDATIONS TO CORRECT THE PROBLEMS HE HAS FOJND. Upon being seconded by Mayor Ferre the motion was passed and adopted by the following vote -AYES: Mr. Plumnmer, Mayor Ferre, Reverend Gibson, Mrs. Gordon and Mr. Reboso. NOES: None. Mayor Ferre: Now for the record, ladies and gentlemen, let me express my opinion that we have not been playing games here, that the first two motions tht were passed are serious and indeed very meaningful motions because they state an opinion of this Commission as to the problem that exists with- in our midst,in the first one and in the second one it recog- nizes the Grand Jury report. Let there be no doubt about that. Mrs. Gordon: So that the public record reflects my own feel- ings about it, I also accept the Grand Jury report, however, the first motion was an assumption and was not something that you referred to directly to the report. That was my reason for the "no" vote. Mr. Mayor, there is resolution lying be- fore you. NOTE: Mayor Ferre resumed the chair. ,' Mayor Ferre: There is a resolution which reads as follows: A resolution requesting the Department of Transportation of the State of Florida to participate with the City of Miami in the condemnation by the City of property adjacent to Biscayne Boulevard belonging to the Florida East Coast Rail- way Company to the extent that the Department cf Transport- ation shall be responsible for the payment for that portion of the property proposed to be used by the Department of Transportation for right-of-way purposes so that a substant- ial savings may accrue to the City in the amount that must be paid by the City to acquire the property for the imple- mentation of the park projects so vital to the welfare --now that is not what you said yesterday and I will not vote for this motion. The only way I will vote for it is if you will put what you said yesterday, for that portion of the extent - ion of 6th Street into the park. If you amend it that way than Mrs. Gordon: I'm not sure I know, what do you want amended? Where do you want it amended on this resolution? Mayor Ferre: This is the 6th lind down... For the portion of the property proposed to be used by the Department... The Department of Transportation shall be responsible for that portion of the property proposed to be used by the Department of Transportation for the right-of-way purposes of the extent - ion, you add of the extention of 6th Street. Is that what it is? So there is no confusion as to what it is. So that a substantial savings may be accrued to the City of Miami, Ok? If you add those words, of the extention of 6th Street. Mrs. Gordon: Mr. Lloyd, you wrote this resolution. Now you heard what the Mayor said and you know what I want.,(inaudible) Mayor Ferre: Well then under those circumstances, unless there is something else to come up before this Commission, this Commission stands adjourned. MAY 2 41974 THERE BEING NO FURTHER BUSINESS TO CONE BEFORE THE CITY COMMISSI+IN, THE MEETING WAS ADJOURNED AT: 12:45 O'CLocK P.M. ATTEST: H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK MAURICE A. FERRE MAYOR 4S MAY 2 A 1974 cIIY OF lAMI DOCUMENT MEETING DATE: INDEX May 24, 1974 ITEM NO DOCUMENT IDENTIFICATION COMMISSION ACTION RETRIEVAL CODE NO. 1 CITY COMMISSION RECOGNIZES THAT THERE EXISTS A MORALE PROBLEM IN THE POLICE DEPARTMENT M-74-436 2 ACCEPTING THE PORTION OF REPORT OF DADE COUNTY GRAND JURY CONCERNING MORALE PROBLEM EXISTING IN THE POLICE DEPARTMENT M-74-437 3 CITY COMMISSION DIRECT CITY MANAGER THAT HE INVESTIGAT E ALLEGED PROBLEMS WITHIN THIRTY DAYS M-74-438 74-436 74-437 74-438