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HomeMy WebLinkAboutItem #1 - Discussion ItemMAYOR MAURICE A. FERRE OPENING REMARKS - POLICE HEARING MIAMI POLICE DEPARTMENT - NOVEMBER 27, 1974 DURING THE LAST COMMISSION HEARING HELD ON THE MIAMI POLICE DEPARTMENT ON NOVEMBER 6TH, WE CONCENTRATED ON THE AREAS OP EXCESSIVE FORCE USED BY THE MIAMI POLICE DEPARTMENT. THE PURPOSE WAS NOT TO REVEAL ANY NEW INFORMATION, NOR TO PROVE THAT THERE IS POLICE BRUTALITY IN THE MIAMI POLICE DEPARTMENT. IT WAS RATHER TO PROBE INTO HOW EXCESSIVE FORCE IS DEALT WITH IN THE MIAMI POLICE DEPARTMENT. IT IS TRUE THAT NEW INFORMA- TION WAS BROUGHT OUT AND THE CITIZENS OF MIAMI WERE MADE AWARE THAT THERE IS POLICE BRUTALITY. BUT THE NEW FACTS ARE INSIGNIFICANT IN COMPARISON TO THE MANY CASES WE HAVE NOT TOUCHED. THAT'S NOT TO IMPLY THAT MIAMI IS EX- CESSIVE IN THE USE OF FORCE OR UNIQUE IN POLICE BRUTALITY. IN PROPORTION, WE ARE RELATIVELY LOW IN THESE INCIDENTS IN COMPARISON TO OTHER GOVERNMENT AREAS OUR SIZE, AND IN PROPORTION TO THE OVER 30,000 ARRESTS MADE DURING LAST YEAR BY THE MIAMI POLICE DEPARTMENT. I HAVE NEVER SPOKEN OUT PUBLICLY ABOUT THE POLICE WITHOUT STRES- SING MY BELIEF THAT THE MAJORITY ARE DECENT, SINCERE, WELL MOTIVATED, COURA- GEOUS PUBLIC SERVANTS. AGAIN, MY INTENTION WAS TO POINT OUT: (1) THAT WE DO HAVE PROB- LEMS IN THE DEPARTMENT. (2) THAT THERE IS EITHER AN INTENTIONAL OR SUB- CONSCIOUS ATTEMPT TO COVER UP SOME OF THE PROBLEMS. AT BEST, I MUST CONCLUDE THAT THE SYSTEM NOW IN USE IS NOT PROPITIOUS FOR EITHER SWIFT JUSTICE NOR OBJECTIVE AND CONDUGTIvE TO EQUAL APPLICATION OF REGULATIONS WITHIN THE DEPART- MENT. THIS SIMPLE, BUT IN MY OPINION, DEVASTATING FACT, SPEAKS TO THE BASIC THREAD OF EFFICIENCY, THEREFORE, THE PERFORMANCE OF THE MIAMI POLICE DEPARTMENT. CHIEF GABMIRE IS NOW GONE AND IS NO LONGER A BONE OF CONTENTION IN 2. THIS SITUATION. WE ARE IN THE MIDST OF NEGOTIATING ONE MORE STUDY WHICH I HAVE CALLED, "THE STUDY OF THE STUDIES". THIS STUDY WILL BE IN ADDITION TO THE STAt ID RESEARCH INSTITUTE; MITRE CORPORATION; BOOZ-ALLEN CORPORATION; RAND CORPORATION; L.E.A.A.; THE JACOBS COMPANY, INC.; THE POLICE FOUNDATION; F.I.tJ.; UNIVERSITY OF MIAMI; SIR JOHN WALDRON OF SCOTLAND YARD, AND OTHER REPORTS I MAY NOT BE AWARE OF. ALL TOLD? THEY ENTAIL AN IMPOSING MULTITUDE OF WARNINGS AND SPECIAL RECOMMENDATIONS, MOST OF WHICH HAVE NOT YET BEEN ADHERED TO. THE JACOBS REPORT OF AUGUST, 1972, ON PAGE 20, SECTION "B" STATES, IN SPEAKING OF THE MIAMI POLICE DEPARTMENT PEOPLE INTERVIEWED, "SELDOM WAS THE LEVEL (OF MORALE) HIGH ENOUGH FOR EFFECTIVE POLICE WORK." TWO GRAND JURIES HAVE STATED THE SAME. SIR JOHN WALDRON OF SCOTLAND YARD HAS REAFFIRMED THIS PROBLEM. THE CHANNEL TEN SURVEY CONDUCTED THIS YEAR CONFIRMED THAT FEELING AND YET THERE ARE SOME WHO STILL WANT TO COVER THE SKY WITH THEIR HANDS. LADIES AND GENTLEMEN, THE CITY OF MAIMI POLICE DEPARTMENT HAS PROBLEMS. WE CANNOT RIDE THEM ANYMORE. WE MUST FACE THE FACTS WITH HONESTY AND COURAGE. WE LIVE IN A CONFUSED WORLD WHERE THE ECONOMY IS SLIDING DOWN. THE CHAIRMAN OF THE JOINT CHIEF OF STAFF MAKES ANTI-SEMITIC REMARKS, WHICH AT THIS STATE OF WORLD HISTORY, CERTAINLY HELPS IGNITE THE FIRES OF DIS- SENTION. AT MY LAI, AS MANY AS 400 CIVILIAN VIETNAMESE WERE MASSACRED. THERE WERE THIRTY MEN INVOLVED IN THE ARMY COVER-UP. FOUR WERE BROUGHT TO TRIAL AND ONE CONVICTED AND AS WE HAVE NOW READ, LT. CALLEY HAS BEEN RELEASED. THERE ARE MANY SIDES TO MY LAI, AND I FOR ONE DON'T FEEL LT. CALLEY SHOULD STAND THE PUNISHMENT ALONE FOR THE MANY INVOLVED. BUT NO ONE DENIES THAT: (1) THERE WAS A MASSACRE AT MY LAI; (2) THERE WAS A MASSIVE COVER-UP; (3) THAT JUSTICE WAS NOT DONE. s 3. THE RIGHTEOUSNESS OF A NATION THAT TRIED AND CONDEMNED OTHERS AT NUJREMBERG FOR SIMILAR ACTS MUST LOOK DOWN IN SILENT, SELF-REPROACH AND UNCERTAINTY. WE LIVE IN A WORLD WHERE WE SOMETIMES DON'T KNOW WHAT TO BELIEVE. THE ATOMIC ENERGY COMMISSION MAKES STATEMENTS ABOUT SAFETY OF NUCLEAR PLANTS BASED ON STUDIES BY DR. N. RASSMUSEN OF M.I.T. SUBSEQUENTLY, OTHER PROFESSORS AT M.I.T.; PROFESSOR KENDALL; DR. KAMINS, OF THE RAND COR- PORATION AND OTHERS, LASHED OUT AT THE ATOMIC ENERGY COMMISSION FOR MISLEAD— ING AND INCOMPLETE INFORMATION. WHOM DO WE BELIEVE? THE PRESIDENT GATHERS IN THE WHITE HOUSE ALL THE ECONOMIC BRAINS FOR A SUMMIT MEETING OF ECONOMISTS. EVERY CONTRADICTORY STATEMENT THAT ECONOMISTS COULD MAKE WERE MADE AT THAT CONFERENCE. FOR THOSE WHO SAID "MOVE TO THE LEFT" THERE WERE AN EQUAL NUMBER WHO SAID "MOVE TO THE RIGHT". HOW THEN, DO WE AS CITIZENS AND PUBLIC OFFICIALS JUDGE? AS A BUSINESSMAN, I TEND TO SIMPLIFY. I JUDGE BY PREVIOUS EXPERIENCE, AND RESULTS. PREVIOUS EXPERIENCE, INCLUDING A DOZEN STUDIES, WOULD INDICATE CONCLUSIVELY THAT THE MIAMI POLICE DEPARTMENT HAS PROBLEMS NOTWITHSTANDING WHAT A SELF-SERVING PROFESSOR AT F.I.U., OR EDITORIAL WRITERS SITTING IN DARK ROOMS WITHOUT SUNSHINE WOULD HAVE US BELIEVE. THE RESULTS ARE EVIDENT. MY OBJECTIONS TO THE MANAGER'S REPORT WERE NOT ONLY BASED ON THE OMISSIONS AND FAILURE TO RECOGNIZE THE IMPORTANT UNDERLYING ISSUES IN THE MIAMI POLICE DEPARTMENT, BUT ALSO THE NEGLECT TO ANALYZE THE RESULTS. IF YOU WERE TO STUDY IN THE BUSINESS WORLD, FOR EXAMPLE, A SOAP MANUFACcuKING OPERATION, BESIDES LOOKING INTO THE MANUFACTURING AND DISTRIBUTION PROCESS, YOU WOULD ALSO LOOK AT THE END RESULT; THAT IS? HOW THE CUSTOMER WILL REACT TO THE PRODUCT. WILL IT SELL? ON NOVEMBER 6TH, WE LOOKED AT SOME FINAL PRODUCTS OF SOME MIAMI POLICE DEPARTMENT PROBLEMS. I THINK WE CONCLUSIVELY SAW THAT PROBLEMS DO EXIST AND THAT SOME OF THEM ARE NOT BEING SOLVED. THERE ARE THOSE WHO FEEL THEY HAVE BEEN SLANDERED AND ARE UPSET BECAUSE IN THEIR WORDS, WE "SHOWED ONE SIDE OF THE PICTURE". THAT IS TRUE, WE DID SHOW ONLY ONE VIEW. I 3. 4. STATED SO IN THE BEGINNING. THE PURPOSE IN BRINGING OUT A FEW GASES WAS NOT TO INDICT, PROSECUTE, TRY AND SENTENCE THOSE ACCUSED OR INVOLVED. THAT IS DONE BY THE COURTS, THE STATE ATTORNEY AND OTHERS, MY ONLY INTENTION IN CON- TRASTING THE COOK AND DIXON CASES WAS TO POINT OUT PROBLEMS ARISING FROM DIF.- FIRENT APPLICATION OF REGULATIONS. IN A PARAMILITARY OPERATION WHERE THERE IS NO DISCIPLINE, THERE CANNOT BE ANY SPIRIT DE CORPS OR MORALE. IN THE RITE BROTHERS CASE, AS I POINTED OUT, WE WERE GOING TO SEE ONE SIDE OF THE PICTURE. OFFICER WRIGHT IS UPSET ABOUT THIS INJUSTICE AND WE PLAN TO GIVE HIM THE OP- PORTUNITY TO TELL HIS STORY. BUT, THE POINT WAS NOT THE INCIDENT ITSELF. THAT IS FOR SOMEBODY ELSE TO CONCLUDE RIGHT OR WRONG. THE POINT WAS TO SHOW THAT A CITIZEN CAN BE ARRESTED AND HIS FAMILY NOT KNOW WHERE HE IS FOR OVER FOUR HOURS. THAT IS CERTAINLY NOT ENCOURAGING TO PUBLIC CONFIDENCE. MANY SUCH POINTS WERE MADE ON NOVEMBER 6TH. TODAY, YOU WILL HAVE THE OPPORTUNITY TO HEAR FROM MEMBERS OF THE MIAMI POLICE DEPARTMENT; FROM PRESENT, PAST AND PROSPECTIVE OFFICERS. I HOPE WE WILL LEARN HOW RECORDS ARE KEPT, HOW THE I.D. SECTION FUNCTIONS, HOW COMMUNICATIONS AND DISPATCH FUNCTION; WHAT WE ARE DOING TO ALLEVIATE THE CIVIL RIGHTS PROBLEMS WE HAVE, SINCE WE ARE UNDER A FEDERAL MANDATE TO DO SO; HOW THE LEAA/TRI-CULTURAL GRANT WAS HANDLED AND ITS FUNCTION. THESE ARE SOME OF THE AREAS WE WILL DWELL ON IN SEARCH OF PROBLEMS. THE COOK AND DIXON CASE WILL NOT BE DISCUSSED TODAY, BUT I HOPE IN THE FUTURE WE CAN ADDRESS THAT SPECIFIC AREA, ESPECIALLY INTERNAL SECURITY IN THE MIAMI POLICE DEPARTMENT. THERE IS A FEATURE ARTICLE IN THE NOVEMBER ISSUE OF FIRE ENGINEER=_: ING ENTITLED, "EMERGENCY MEDICAL CARE IN MIAMI TODAY". IT POINTS OUT THE EXCELLENT FIRST CLASS SERVICE RENDERED BY THE FIRE DEPARTMENT. WHY IS IT THAT THE MIAMI FIRE DEPARTMENT IS CLASSIFIED AS ONE OF THE TWO BEST MAJOR 4. • FIRE DEPARTMENTS IN THE COUNTRY, THAT WE ARE CONTINUALLY RECOGNIZED BY THE INTERNATIONAL FIRE, CHIEFS ASSOCIATION AND OTHER BOARDS FOR OUR EXCELLENCE, THAT PEOPLE COME FROM ALL OVER THE WORLD TO SEE OUR DEPART- MENT AND USE IT AS A MODEL? IN SHORT, OUR FIRE DEPARTMENT HAS RECOGNIZED EXCELLENCE. TODAYrWE HOPE TO PROBE THE DIFFERENCE BETWEEN THE APPROACH OF THE FIRE DEPARTMENT AND THE POLICE DEPARTMENT IN RECRUITING OF MINOR- ITIES. THE CONTRAST, I'M SURE, WILL MAKE A POINT, AND PERHAPS SHOW US THE WAY TO AN EXCELLENT POLICE DEPARTMENT. THAT IS THE KEY WORD -- "EXCELLENCE". AFTER TRUTH, WE SEEK JUSTICE - ALL IN THE PERSUIT OF EXCELLENCE. THAT IS WHAT THE TAXPAYER PAYS FOR. THAT IS WHAT THE CITIZENS OF MIAMI DESERVE. AGAIN, IN CLOSING, LET ME REITERATE THAT I AM NOT OUT TO MAKE WAVES, CREATE PROBLEMS, PRESSURES, FIRE ANYONE, GET PUBLIC RECOGNITION, OR DISRUPT THE SYSTEM. MY PURPOSE IS TO BRING OUT EXISTING PROBLEMS. THIS IS NOT A GENERAL SURVEY OF POLICE WORK. IT DOES NOT RECOUNT THE MANY BRILLIANT INVESTIGATIONS BY DETECTIVES, THE ACTS OF HEROISM BY PLAINCLOTHESMEN IN TRYING TO DECOY MUGGERS, THAT WERE CONTEMPORARY WITH THE ABUSES THAT WE HAVE HIGHLIGHTED. IF IT IS NOT A "BALANCED" ACCOUNT, IT WAS NEVER INTENDED TO BE ONE. THIS INVESTIGATION IS DIRECTED TO FINDING OUT WHAT IS WRONG, AND THE REASONS FOR WHAT IS WRONG, SO THAT WE MAY BOLDLY TARE STEPS TO CORRECT A DECAYING CRIME SITUATION. BY RECOGNIZING OUR PROBLEMS AND BY CORRECTING THEM, WE MAY, AND I HOPE WE WILL, ACHIEVE A QUALITY MIAMI POLICE DEPARTMENT DEDICATED TO EXCELLENCE. THAT'S WHAT WE ALL WANT. LET'S GET ON WITH THE JOB. -111111111=11111111111.11111111111111111111111111T- 0 • 001 /116. ADDRESS SUMMARY 160 4060 Loquat 60 2 N/M's apprenended it/22/74 0954 Intik. in Progresn 164 165 11/22/74 1216 Robbery (122) 71 N. Miami 40 1 NIM $20.00 armed Avenue 11/22/74 1705 Robbery (411) *6355 N.W. 10 2 NIM's armed 7 Avenue 10 (2) A.R. it 5(2) Rob. No I (1) Rob. 11/23/74 0314 Rape (232) 6337 N.W. 20 N/M armed Green Vehicle 3rd Ct. 1309 Robbery (124) 2307 N.W. 30 2 M's Armed Pontiac Vinyl 27 Avenue W.W. 2001 Robbery (244) 44 N.E. 52 20 N/M Cad. 10 22464 Terr. 11/24/74 0234 Robbery (315) 1680 N.W. 10 2 N/M's 68 Chvy. Armed 36 St. 10 11/25/74 0215 Robbery (334) 1227 N.E. 40 3 N/M's ran Vehicle 1 Ave. 11/24/74 1836 Robbery (244) 7 St. N.W. 4. N/M & h/F* 1 Ct. 1940 Robbery (265) 3265 Franklin 60 3 N/M's Juvenile Armed 2047 Robuery 2124 Robbery 1146 Robbery 7u8 N.E. 2 Ave. 2 N/M (234) 421 N.W. 3rd. Avenue 2 N/M's armed (361) 5b1 S.W. 2 St. 50 11/22/74 (Incident) 10 11/23 8 11/25 2 11/24 Fri. 2 S/M's i,tmed (knife)* (Suspect 3 3 5 13 Kn) (unkn-un- 7 5 1 related) Sat. Sun. 50% of all incidents suspect known (13 of 28) 90% of suspect ( 23 of 25) Average 2 person per incident (23 for 12) *Significant Factor No longer operating ftom home. 2 to I rather go out 0L their area. Gtt,' Or MtAMt, FLORIDA tip TER,OFFICE MEMORANDUM Mr, Paul Andrews City Manager DATE: November 8, 1974 RILE: su6.mct: Meeting of the Special Investigative Committee Meow Maurice A. T e r r e REFERENCES: Chairman ENCLOSURES: flt(r i As Chairman of the City of Miami Special Investigative Committee, I am reconvening a special investigative meeting on November 27, 1974, at 9:00 AM, at the Miami City Hall. cc: City Commissioners City Attorney City Clerk amn CJ (77 03A13038 AGENDA OP SPECIAL HEARING .. POLICE DEPARTMENT MIAMI Cif COMMISSION, 9:00 A.M. WEDNESIIAY, NO ES 27„ 1974 I. STATEMENTS MADE: Mayor CoMMissioners 1/,„, City Manager P It. TRAINING/HANDLING OF TORTS: Earl PERKINS 01 John LLOYD Oscar PAZ, former cadet at Police Academy Vei III. INTERNAL PROBLEMS: Officer Ernesto RODRIGUEZ (MPD) Officer Robert KOWASKI (MPD) Sgt. Charles SALERNO (MPD) Iv. MINORITY RECRUITMENT/CIVIL RIGHTS: City of Miami Fire Department: CHIEF DON HICKMAN DAIMON HERD (Washington) LT. FLOYD JORDON (MFD) ✓ Courtney SICELOFF, Equal Opportunity Specialist (or Field Rep) Southern Regional Office (Atlanta), U.S. Commission an Civil Rights Jesse McCRARY, Attorney of the Community P.B.A. RE: COHEN CASE Officer Otis DAVIS Robert SINS - Director, Community Relations Board 0scpa. Au ck,,S2.o / 40 S s' s(.4) -2.3 ,9ve . V. LEAA GRANT/TRI-CULTURAL PROGRAM: Joseph PAREDES, Asst. to City Mgr. (Community Affairs) ✓ Rafael VILLAVERDE, Chairman/Little Havana Activity Center; 1 Member Advisory Board-LEAA Grant/Tri-Cultural Program Dr. Harry MORRALL, Asst. Director Tri-Cultural Program and Acting Director 2 V. LEAA GRANT/TRI-CULTURAL PROGRAM (CONTD.) : Mr Eduardo SUAREZ RIVAS, Project Coordinator LEAA/Tri-Cultural Program Javier BRAY Spanish-American League Against Discrimination (S.A.L.A.D.) / Lt. Neal GARFIELD, Personnel Recruitment Officer, MPD V Ms. Barbara SCHWARTZ, State Attorney's Office (324-4800) VI. COMMUNICATIONS: Lt. Herbert ALTMAN Mrs. Fran CLARK Mrs. Berryl CASEY Mr. Ben DEMBY VII. I.D. BUREAU: Capt. Ben PRITCHARD Joe MUSIAL, Director Charles SAMEN, Former MPD I.D. Bureau VIII. REPORT PROCESSING: Lt. Richard STERNS, Director Octavio DE MOLINA IX. CITIZEN'S REQUESTS: Florence WILLS A.C.L.U.V George ARIAS lir Officer Ed WRIGHT Andres PEREZ (621-2243) Jack LEWIS • L,4e.41 e• e _ C..0*•,*,.*431.5:0.4A-kNos oc•VNtelc. eM6%.3e941 -re) te•1"3.1. 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About 2/3 through the Meeting of the Florida Advisory Board to the U.a. Commission on Civil Rights. (Apex. 4:45 p.m. on October 11, 1974 ' at —the University of Miami, Ashe Building, 2nd Floor). Miami Police Department is one of the 26 Police. Departments in Dade County. Looking at Miami population, figures show from "70", population 335,000, including 23% black, 357. Spanishbackground, 31% caucasiari. Later estimates give Spanish speaking take 52% of the population. Police Department notes that 3/4 of the Spanish speaking people are not American Citizens. Court order handed down September 14, 1973, specified the City of Miami become effective of this order October 15, 1973., just one year ago; The following: 1- An .independent agency to advise, monitor and score entrance and promotional examinations to seek guards against racial or cultural • bias. 2- To appoint a black officer to a decision making position.. 3- Hire black .officers within five years until they attain representation of approximate percentage to the population and will hire other minority persons "in the same mannerism" that the City hire black officers. Whether quote "manner" means in accordance with percentage of population is not clea 4- Have the Dade County Medical Association device a medical exam. 5- Make City Manager responsible for implementation of the orders. 6- The Court retains the jurisdiction of this actions for a period of five years. What has happened since the order: One black officer being appointe Major. The hiearchy of the Department is: Chief; two Assistant Chiefs and nix Majors ( and now a Black is one of them). - 1 - The Law Enforcement tustrial Relations Cente t the Cn itetbity of hicago was chosen to do this exarp. The exam for Sargent and Lieutenant is to be given soon. Recently, LEAA made a $300,000.00 grant to City to use for recruitment of minorities and training of personnel for exams, not limited to minorities. We were told yesterday. that enrollment in those first classes is mostly white. In an April 15,• 1974 report, their facts (City of Miami Police Department), this is their breakdown: Sworn officers total 767. Caucasians 628, Blacks 78, Spanish 61, thus, Blacks are about 6% of the force and within five years have to be 23% of the force. As of October 1, 1974, there are 80 blacks, a gain of two over a year and a loss of one from May 1974 figures. In our conversations the Court order does not appear to have solved the problems of...these internal relations. Two Assistant Chiefs feel practically that the City Manager has the responsibility. one doesn't sense a sense of committment nor urgency of the situation in these Chiefs. _l"heeyy are not very familiar with the Court order,and not sure that Spanish officers would be recruited in proportion to the population, but suppose so. No one in office has been given responsibilities for writing the progress implementation. The Assistant Chiefs do point out that the machinery for tests is being established and the grant for equipment is just being worked out now. Paul Andrews, City Manager, reported that the City Attorney ruled that the Manager will serve only as a coordinator with respective units of City Government bearing ultimate responsibilities for their efforts.. Andrews understands the Court to include a goal that Spanish speaking persons become officers in proportion with the population but does not see this attainable within five years, nor does he feels the.Miami residents will permit if to happen. Court does not require periodic reporting on the progress. The, Civil Service Board has the reponsibility for hiring officers and presumably meeting those deadlines and hiring has --- since the Court .order. On ' the part of blacks, both in and tart of the fepatttnettt, 1 there is considerable concern about apparent attitudes of racism of some white officers towards blacks. It has been heightened by the beating of a ton -uniformed black officer by four or five officers last month. Several black persons stated that the incident is not unique but notable that, the Victim was a policeman on duty. Four Police Union in Miami. The Fraternal Order of Police has contractual obligations to the City; The Police Benevolent Association is a social organizatiAn. Both are open to sworn officers since a Supreme Court decision a few years ago. That is basically the situation; the Spaniards.or should I say, the Spanish speaking policemen, are not pressing it and did not join the suit. In talking with one and some of the people•we talked with Mere, they term that the Spanish speaking people respect order and view thg policeman as a hero, and Sergeant Zenoz indicated their reiuct'ance-'to force the City into this position, and rely "sort of on the good will" of the City Adnimistration. However, I think there is, Sgt. Zenoz did open up with • indications that there is harassment, particularly those who organized the Union (Hispanic Officers), and while th have not joined suit, feel there is ditcrmination. I am taking one step further, I think there are plenty of places..•for us_to look into the police system of Miami and that we will also include very definitely the Spanish Americans per se. In terms .of education, there are a few Spanish speaking teachers and administrators. The School system has undertaken, on the basis of our conversations, a program that appeared to be innovative and while not meeting all the needs. The issue of Police community relations at this point, seems clearly the most important thing.