Loading...
HomeMy WebLinkAboutCC 1974-11-06 MinutesMINUTES OP SPECIAL CITY COMMISSION MEETING CITY COMMISSION- CITY OF MtAMI, FLORIDA On the 6th day of November, 1974, the City Commission of Miami, Florida set in special session at its regular meeting place at City Hall in said city. The meeting was called to order at 10:26 O'Ciock A.M. by Mayor Maurice Ferre with the following members of the Commission present: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson dice Mayor Manolo Reboso Mayor Maurice Ferre. ALSO PRESENT: P. W. Andrews, City Manager H. D. Southern, City Clerk John S. Lloyd, City Attorney The Mayor announced the purpose of this meeting was to consider selecting a consultant to come inand give an overview and study with specific recommendations and discussion oI how theCommission wishes the selection of a net Chief of Police to be implemented by the Manager at a policy level only. Rev. Gibson: Mr. Mayor, I move you Sir that as stated in the memorandum, a professional team be secured to come in and investigate the police department and report its findings to the Commission and the Manager within approximately 60 no more than 90 days. Mrs. Gibson: Commissioner Gibson, would you include - Rev. Gibson: I would be delighted with the understanding that - Mrs. Gordon: Okay, that we include instructions to the Manager to contact, although he says he already has, the Police Foundation which operates in Washington D.C. under the Ford Foundation, that he contact Standford Research Institute further, although they are already working with the City but with regard to the new - Mr. Plummer: No way. Mrs.Gordon: Well there has got to be more than one. Mr. Plummer: I am not going along wit Stanford Research. You might as well know that, Iwill vote against the motion. Mrs. Gordon: I will offer you the Ford Foundation, police Foundation rather. Rev. Gibson: Theta a part of my motion please. Mr. Plummer: I would like to make an amendment to that since everybody else is chopping is going to chop up Father Gibsons motion. Mr. Mayor and Father Gibson in particular, for some reason J.L. is always concerned about tax dollars. I would like Father to see a motion similar that the Manager report back to this Commission within a 7 day time frame after he hs contacted all of the organizations qualified who could do this study within a 90 day time frame and a cost factor and the Commission could then make its own selection. I don't want to limit it to any organization. Mrs. Gordon has brought out some good ones. I am sure the manager knows some good ones, he could come back after he has contacted these people and he can say to the Commission, I have 10 companies that can do the study in 90 days and their cost factor will be this. NOV *61974 Mayor Ferre: 1 mould agree with that. Out interest is to get a professional group but t think its important to get the facts and input from the Manager as to the 1.2,3, type of thing. Rev, Gibson: Mr. Mayor, I want you to know how careful I am and I want to change and strike the motion. The motion I want to make is that Imove that we employ the professional firm of or that we contact them for their services and I don't care. Police Foundation 1015 l8th st n.w., Wash.D.C. 20036 for the purpose of having them do, look into this police department and should they not be able that the Manager would then within a 5 day period. I want time certain, that within 5 days the Manager would then report back to this Commission even if he has to call us individually or on the phone or if the Mayor has to call a special meeting. Mrs. Gordon: I will second that motion and we expect it to be 5 working day.. Mayor Ferre: What the motion is now saying is that first we will go to the Ford Foundation and then if they do not take an interest, then the Manager will look at the purview of people that areavailable and retwn back with a recommendation. I will vote on this, with the clear understanding, that if I am not satisfied that the Ford Foundation does take an interest with their capacity to do the job, then I will vote against them at the time they come here. If the Manager comes and says that it has to be Stanford Research or Booz- Allen for this and this reason, then I hold to myself the right to vote in that direction at the proper time. The following motion was introduced by Commissioner Gibson who moved its adoption: MOTION NO. 75-1210 A MOTION AS FOREGOING IN THE ABOVE PARAGRAPHS WAS ADOPTED BY THE CITY COMMISSION Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. Mayor Ferre: The 2nd matter was how the policy is in the selection of a new police chief and this memorandum, I might say for the record so that this is very clear, the idea of Boaz -Allen -Hamilton or a comparable firm as I under stand it is one that Vice Mayor Reboso thought of and Father Gibson concurred with it and has now expanded it. In the case of the procedure for the police chief. that for the most part even though I have expanded it somewhat, these are the thoughts of Commissioner Plummer. I don't want anyone to think that this was an original thought on my part. I concur with it. As it reads, it would be: That no permanent appointment of a police chief be made until the preliminary report on these consultants is finiahed. That the City Manager use the services of the International Association of Police Chiefs in the selection process and theta rather broad. That the final selection of a Police Chief be limited to within the top 5 candidates as recommended by the International Association of Police Chiefs from the list of candidates submitted to them by Mr. Andrews. Mr. Andrews already told me that it is not quite the way it works, that they select these people themselves but which ever way it works, is all right with me as long as we select - that the manager selects the new chief from amont the top 5 recommendations. I think it ought to be surveyed by the International Police Chiefs Association and recommended by them. Fourth item that the Managers final selection and I want to clarify this so it won't be misunderstood. After the Manager has selected the new Chief, that he come before this Commission for pertinent questions. I don't want it misunderstood that we want to become involved in the selection of a new chief. . u NOV ~ 61974 IP Mrs. Gordon: Since we have indicated that we were not going to rush into this Chief selection at this lime, why is this necessary to be a part of this special commission session? Mayor Ferret For precisely that same reason, that we don't want to rush into the selection of a chief, you hit it right on the head. Mrs. Gordon: I want to speak specifically to the final selection. I am not referring to a or b. Mayor Ferre: Mr. Reese is here and Chief Garmire is here and I don't want to and this is not a statement of criticism but the last time this was done, the recommendations of the International Police Chiefs, the selection of a chief as I understand it was not one of the recommendations that came out of thd: group and of course the Manager had that right to do that. Well, correct me Mr. Reese. Mt. M. L. Reese, former City Manager: The International Police Chiefs Association that did the examinations and also the oral interviews came up with a list of people who would be eligible but no recommendation as to who was #1 or anything at all. They had not concluded that they were in a position to recommend any one individual. Mayor Ferre: Thank you for that correction. Mrs. Gordon: Again, Mr. Mayor, respectfully, I don't see a reason why we need to make these particular guidelines when we are about ready to ask an impartial firm to evaluate us. Why don't we want until the appropriate Um' to do this? Mayor Ferre: BEcause the Manager in my opinion, it is very important that he start immediately the process of seeking a new chief. A paramilitary operation needs to have a chief ahead and we have to get on with that very quickly and I want to, right at the very beginning, set the guidelines of what we as a Commission expect in a policy level. Mr. Andrews: I don't think this is really quite fair. What you are doing is you are indirectly through policy, in essence how the Manager should make the selection. Mayor Ferre: That is correct. We are setting the policy as to your process. Mr. Andrews: And I think that it would have been more appropriate if I could have asked what processes I might have chosen. This was already under way and I had already communicated with individuals with the Police Foundation, with the International Organization of Chiefs of Police, to set a pattern for the procedures that I was going to establish. I feel uncomfortable that the Commission is in essence dictating to the City Manager of how he should go about the administrative processes of selecting a chief. Mayor Ferre: We are not telling you who to select Mr. Manager, we are telling you how we want you to select them and that is as I understand it from the Law Department within the purview of this Commission. We can tell you what policy we want you to follow and all I am basically stating is #1 that you not select a chief before the investigation is finished, hopefully in 60 to 90 days and #2, that you use the International Police Chiefs recommendations and #3, that you bring whoever you choose before this Commission so that we can ask pertinent questions. Mr. Plummer: Mr. Mayor, so there will be no contradictions in the record since you attributed this to me. Only the "B" portion was JLs recommendation. My intention was that nothing be done until the International Police Chiefs had made their recommendation, not the independent group. "C" I have no objection to. "D" portion, this Commission holds that authority at any time to call before it, any department head for questioning. Idon't think that is necessary. Mayor Ferre: Iwould be willing to strike that. Mr. Plummer: I don't know if I really agree with the "A" portion,that nothing be done until the investigation be finished. Mr. Mayor, I am a firm believer that a ship must have a captain and a permanent captain and if we are going to implement the recommendations, it would be my hope that the new man would be on board and be there to help implement the new recommendations. Rev. Gibson: Mt. Mayor,/ wand everybody to understand Gibsof. I am oplromed td appointing a chief until you get this investigation. If the investigation is made and the team says, this is where your bottleneck le, then l would hope, while I can't tell you who to appoint, I would hope you would be *mart enough not to appoint. Any department with 750 men that has been loaning all these years and they can't wait for 90 days and run, something is wrong with the' department and wrong with us that sit up here and appropriate the taxpayers money. When the Chief is on vacation, somebody carries on. I still trust my Manager and Mr. Manager, if you haven't been careful and particular before, you know now Man to be careful and particular, right. Mayor Ferre: We have to get on with this. Is there.a motion then? Mrs. Gordon: To table the second portion. Mayor Ferre: There is a motion to table the second portion. Does anybody want to second that motion? One -Two -Three. Hearing no second, is there any further motion? Mrs. Gordon: Whoever makes the motion, will they please reiterate each portion entirely. Rev. Gibson: Mr. Mayor, I move that we adopt "A", "B" and "D". Mayor Ferre: We have to change the Booz-Allen. Rev. Gibson: I think theta just a written thing, whether its Booz-Allen or whoever it is. Mr. Plummer: Mr. Mayor, a point of personal privelege. I am very concerned. These 4 points, we are trying to do indirectly what we can't by charter do directly. I think we are bordering on thin, thin ice, making this a policy or motion of this Commission. Now let me tell you. The Manager sits here and he has.two ears and he has been listening to all of it. If he goes contrary to this, I think he knows he is going contrary to the will of this Commission. We have expressed in this. I think that if we put this in the form of a motion, we are on awful thin ice of being accused of dictating to the Manager but if the Manager goes contrary to this, he already knows the feeling of the Commission. He has already said in the portion he has already addressed. Mayor Ferre: Before I recognize you Father, let me clarify that tie motion is only in setting policy. It is not an administrative procedure and I think Mr. Lloyd, you have to give us some clear ruling as to whether or not, this Commission can set a policy on a procedure within the administration. Mr. Plummer: No, Mr. Mayor- I want him to answer the question. Can this Commission set a policy contrary to the charter? Mayor Ferre: No, that is a self-serving question. The answer is no. Theta not the point. That's like saying, can you break the law legally? The answer is no. But the question really is, are we in fact allowed to make a resolution and you as attorney have to rule on this, that permits us to set a policy as to a procedure within the city administration? Rev. Gibson: I hope this Commission for the safety of this public would adopt and strike the word Booz-Allen and put in any other company you wish "A", "B" and "D". I just want to make sure that this public is given a fair shake and that at no time would the Manager be influenced by any one of us. That is my concern and therefore I want the company, then I want the Manager to use the national association for the interview and I am opposed to making the selection until you have the investigation. Mr. Reboso: The Manager just said a few minutes ago that he is already in the process of accomplishing "B" so we don't know how he stands on the others. At this time, I think it would be proper to give him until maybe tomorrow's City Commission Meeting and lets hear from him what the suggestions he has and methods of selecting a new Chief of Police. Rev. Gibson: I want to withdraw those motions. I want to move we adopt "A" and just write the right name in there. 12 NOV - 6 1074 Mayor terra: rather, i think it is important that we nee the International rake Chiefs. ReV. Gibson: I want to adopt "A" Mayor Terre: That no permanent appointment of a police chief be made until the preliminary investigation as previously outlined itt the previous motion is reported in 60 to 90 days. Mrs. Gordon: I'll second that. Mayor Ferre: Is there further discussion on that specific motion? Before we vote on that motion, I would like a ruling from the city attorneys chair. Mr. Lloyd: All the City Commission can do is adopt this as a policy. I want to tell you that the City Manager is not constrained by virtue of hits position to follow this policy. If he doesn't, he merely suffers whatever consequences to flow. Rev. Gibson: Mr. Mayor, with that in mind, I want to move all of "A", "B" and "C" and "D" and since I can' do anymore than that as you indicated Counsel, I am prepared to live with that because I am sure that Mr. Andrews is neither blind, deaf, dumb nor foolish. Mayor Ferre: All right, there is an amended motion now to pass "A", "B", and "D". Is there a second? Mrs. Gordon: Wait a minute, I know Fathers intent and I understand it but I just don't want to be totally limited to the names involved in "B". There might be some other selection process that might be equally important for investigation. Rev. Gibson: I will make it for any other organization of its equivalent. I don't mind that. Mrs. Gordon: Fine, then we can go from there. Mayor Ferre: 0r equivalent. Mrs. Gordon: That would have to be amended under "C" also. Mayor Ferre: "B" would read then, that the City Manager utilize the services of the International Association of Police Chiefs or an equivalent organization in the selection process. "C" would read that the final selection of a police chief would be limited within the top 5 candidates as recommended by the International Association of Police Chiefs or equivalent from a list of candidates submitted to them by the Manager, Mr. Paul Andrews. Mrs. Gordon: Mr. Reese said that they don't make recommendations so how do we handle that? Mayor Ferre: We might ask them to do it that way. The Manager can report back and "D" that the Managers final selection after he selected him be submitted to a public hearing - Mrs. Gordon: Why limit it, why not cross up the top 5 and say just candidates? as recommended? Mayor Ferre: Well there might be 100 candidates. Mrs. Gordon: We are going to have to narrow it anyway, so we have to do - Mayor Ferre: I have no objections to that. Now is this clear? This is a substitute motion. Rev. Gibson: Forget that other one. Mayor Ferre: Yes but we can't do it quite that way. Rev. Gibson: I want to withdraw my other motion Mr. Clerk. Mayor Ferre: Father, all you have to do is make a substitute motion. NOV -fi1974 Mayor Perre: Do you second the substitute motion? Mrs. Gordon: Why can't we withdraw it? I mean why? Mr. Lloyd, why can't he withdraw it? Mayor Perre: Lets not get into that, you want to get into parlimentary. Itis very simple, if somebody seconds it, we vote on it and theta it. Mr. Lloyd: The substitute motion has preference. Mayor Ferret Is there a second to the substitute motion? Mrs. Gordon: Okay. Mayor Ferre; There is a second to the substitute motion. Is there any further discussion on the substitute motion? Mr. Plummer: Mr. Mayor, I will only indicate by my yes vote that the City Attorney has ruled that it is within the purview of this Commission to set such policy and I will vote yes. Mayor Ferre: This is a policy motion, let it be very clear. Obviously the administration has the legal authority within the Charter not to do any of the things we have recommended today. Mrs. Gordon: The only part that worries me in regard to the Charter is Mr. Lloyd, you are clearing "D" as being within our purview? Mr. Lloyd: As policy only. Mayor Ferre: We have that right at any time. Really "D" is - Mr. Plummer: Wait a minute, we reserve "D" at any time. This Commission has the right under the charter anytime to question a department head. Thr roll call was begun- 11110 II Mr. Plummer: Wait a minute, excuse me, the Mayor clarified not before he selected but after he selected. Excuse me hold. Mayor Ferre: It has to be re -written. Af ter - I have already changed the wording into the microphone- after the Manager - Mr. Plummer: Based on those, I vote yes. The following motion was introduced by Commissioner Gibson who moved its adoption: MOTION NO. 75-1211 A MOTION DECLARING THE POLICY OF THE CITY COMMISSION AS DESCRIBED IN PRECEDING CON- VERSATION Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. NOV -61974 M yor Ferre: Ladies and Gentlemen, that coriciudea our Special CoMmigaian Matting, Mts. Gordon: Before l vote on adjournment, I have a question. The purpose of that number "Cr dileneated which was to furnish a list etc. etc. rather bothers me because of "D". I don't know the purposes behind it and - Mayor Ferrel The purpose is that we have the opportunity to ask the new chief whoever he is, specific questions. Mrs. Gordon: I voted on it but the whole thing bothers me a little bit. Mayor Ferre: What is it that bothers you? Why don't you tell it like it is? Mrs. Gordon: Let it go. ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 10:53 O'Clock a.M. ATTEST: H. D. SOUTHERN City Clerk RALPH G. ONGIE Assistant City Clerk TEN MINUTE RECESS MAURICE A. FERRE Mayor At 11:02 O'Clock A.M. the Commission again convened as a Committee of the Whole to investigate the Miami Police Department. Mayor Ferre: Would all the witnesses who have been subpoened come over here? There are many people here who want to speak and it is impossible for us to recognize everybody at once. I promise you that if you want to be heard, you will have the opportunity to be heard. It's important however like everything else because we have to have a certain amount of rules, regulations and dis- cipline that we follow a set pattern. While we are waiting for the rest of the Commission, Mr. Lloyd if you will read please to everyone present the exact procedure on how they are to testify and what it means. Mr. Lloyd: The Committee will now proceed to secure information necessary to be determined by the'committee for the purpose for width it was created. I think all the Commissioners should be seated and present before you call the meeting to order.. Mayor Ferre: We are all present now, proceed. Mr. Lloyd: Witnesses will be called before the committee. They should be called according to the agenda which you have prepared because they have been subpoened and are expecting to come in some type of order. Now when a witness is called before the committee, he will take an oath administered by the City Clerk. If such a witness is a city employee, he should be advised and will be advised by Mr. Silver whoe is conducting the committee that any information that any answers he gives to questions by the committee may be the subject of a disciplinary proceeding by the Civil Service Board, if such facts indicate a violation. Now he doesn't have to be advised of his right to counsel because no real right exists before such a hearing. The Civil Ser- vice rules of the city provide section 12 entitled dismissal - that no city employee shall be excused on a' plea of self-incrimination, nor from other reasons from giving information which may bear on his fitness. The committee may investigate any matter which is within the scope of the authority NOV - 61974