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HomeMy WebLinkAboutR-73-0301• RESOLUTION NO. 734.3e A RESOLUTION AGREEING TO THE ENTRY OF A PARTIAL FINAL ORDER IN THE UNITED STATES DISTRICT COURT CASE FRANKLIN COHEN, ET AL. VS. CITY OF MIAMI, ET AL.. #71-1887, DISPOSING OF ALL ISSUES IN THE CASE EXCEPT FOR THE ISSUES OF PROMOTION AND BACK PAY INCIDENT THERETO. WHEREAS, Franklin Cohen and other black City of Miami policemen_ brought a class action against the City of Miami alleging discrimination by the City of Miami in recruitment, pay, promotion, training, and work assignments of black police officers in the City of Miami Police Department; and WHEREAS, the City of Miami has the policy of prohibiting discrimination in employment practices in the City of Miami; and WHEREAS, the City of Miami desires to achieve a fair and amicable resolution of the case brought by the City of Miami black policemen; and WHEREAS, the United States District Court has stated that it will enter a Partial Final Order in this case with the consent of the City of Miami; and WHEREAS, the City of Miami agrees to the terms of the proposed Partial Final Order although denying that it has in any way discriminated against any police applicant or police officer because of race, color, creed or ethnic background; WHEREAS, by agreeing to the entry of the proposed Partial Final Order by the Court, the City of Miami does not waive any of its denials or defenses heretofore presented by its pleadings in the case; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City of Miami agrees to the entry of a Partial Final Order in the United States District Court case Franklin Cohen, et al vs. City of Miami, et al., #71-1887, the terms of which are as follows: • PARTIAL FINAL ORDER The Court enters the following Partial Final Order in the above entitled cause, which will be applicable to the Defendant, CITY OF MIAMI, hereinafter referred to as the City, its officers, agents, and employees and all other persons acting in concert or participation with them. AGREEMENT 1. The Court makes no finding of fact concerning the issues in this controversy which have been decided by this Partial Final Order. 2. The City shall, within a reasonable time, but not` more than twelve (12) months from the date of the final.determination of this case appoint an independent organization; (a) to prepare entrance and promotional examina- tions for the City Police Department, (b) to monitor the giving of these examinations, (c) to prepare a method for scoring the examina- tions which includes giving weight to seniority, and (d) to score these examinations. All such examinations shall be designed to measure ability to perform the job being tested for and, in addition, shall be so designed to have safeguards against any racial, cultural or ethnic biases. The independent organization shall be hired by the Miami City Commission. The City Commission, prior to hiring the independent organization, shall conduct a public hearing concerning the qualifications of the independent organization. The organization employed by the City shall be professionally competent to carry out the intent and purposes contained in this decree. The Plaintiffs reserve the right to object to the Defendants' selection of an agency where it is determined by Plaintiffs that the agency is unable to construct and administer tests impartially as evidenced by that agency's history, personnel, and methods. Whenever such objection is raised, the Court shall be the final arbiter. 3. All examination criteria used for screening applicants for entrance into the police force or for promotion shall be deter- mined by the independent organization for the Civil Service Board to maintain an eligibility and promotion register. The ranking of persons eligible for promotion shall be determined by the independent organization based on the application of all criteria to be used. The independent organization may use criteria other than written criteria including job experience and oral examination as long as such criteria measure the person for the job for which he is being tested, and have safeguards to prevent any racial, cultural or ethnic bias. 4. The independent agency will continue to validate all entrance examinations but will not be required to administer the examinations or score them after a period of three (3) years from the date the examinations are first given. The agency will continue to validate all promotional examinations but will not be required to administer the examinations or scrore them after a period of five (5) years from the date the examinations are first given. 5. The promotional registers listing those who passed the promotional examinations as prepared by the independent organization shall be valid for only one (1) year and cannot be extended. 6. The City recognizes that no black officer has served in any non -classified policymaking position as of this time. There- fore, within eighteen (18) months of the date of the Final Determination of this case there shall be appointed, according to the Charter and Ordinances of the City of Miami, a black officer from among its ranks to an unclassified policymaking position within the City Police Department. 3. 7. The City shall contact the Dade County Medical Association for assistance in establishing new medical standards for City Policement all police applicants will take an entrance physical examination; all policemen shall take an annual physical examination; no waivers on medical standards for initial hiring will be allowed after establishment of new medical standards. The entrance medical examination will be given by the city physician; if an applicant is dissatisfied with the results of the examination he may go to his own physician; if such physician applies the City's medical standards, his opinion and the city physician's opinion will be reviewed by a panel of three (3) independent physicians, as agreed upon by the parties, and that decision will be final. The physical examination shall be considered in promoting police officers and the weight assigned to the physical examination shall be determined by the independent organization. 8. The City shall maintain as public records the name, address and race of all applicants for the City Police Department, together with records indicating whether the applicants are hired, the name, address and race of all persons taking entrance or pro- motional examinations and results. Copies of all validation studies conducted by the independent organization and other relevant documents shall be made available to Plaintiffs by and through their attorneys. 9. The City of Miami shall recruit and hire more black police officers for the City of Miami Police Department. The recruit- ment and hiring of black officers shall continue until their repre- sentation in the department approximates the percentage representation in the City of Miami community. Such representation is expected to be attained within the five (5) year court jurisdiction of this order, assuming this will not require the City to lower its standards for the recruitment of police officers. The City of Miami shall also hire persons from other minority groups for the City of Miami Police - 4 - Department in the same manner that the City hires black officers. 10. No acts of reprisal shall be taken against those black officers instrumental in the bringing and prosecution of this case. 11. The grievance procedure outlined in an administrative directive from M. L. Reese to All City Employees dated March 22, 1961, applies to grievances concerning disciplinary matters within. The City of Miami Police Department. This remedy shall be in addition to what other remedies are available to police officers. 12. The City Manager of the City shall have the responsi- bility for the implementation of all the provisions of this Consent Decree. 13. This Partial Final Order disposes of all the issues between the parties except the issue of plaintiffs' claims for promotions and back pay incident thereto. Defendants are not pre- cluded by this Partial Final Judgrent from raising the defense of laches or any other appropriate defense. 14. Nothing contained in this Partial Final Order shall be construed in any was as an admission on the part of any of the defendants. 15. Plaintiffs' claims for promotions and back pay incident thereto shall be limited to the period December 14, 1969 through December 14, 1971. Only evidence pertaining to this two-year period shall be relevant concerning plaintiffs' claims for promotions and back pay incident thereto. 16. This Court shall direct that notice be given to each of the plaintiffs advising them of their opportunity to have their claim for promotions and back pay incident thereto to be litigated. The plaintiffs shall have twenty (20) days from the date of such 5. notice to file with the Court a notice that they wish to litigate their claims for promotions and back pay incident thereto. The claims of these plaintiffs who fail to file such notice within the 20 day period shall be barred. The Court retains jurisdiction of this action for the purpose of enforcing the terms of this decree and for the purpose of adding any defendant whose presence in court may be necessary for it to effectuate such enforcement. After five years from the date of this decree, the City may move for its dissolution and unless the plaintiffs show good cause to the contrary, this decree shall be dissolved at that time. PASSED AND ADOPTED this / day of April, 1973. PREPARED AND APPROVED BY: Assistant City Attorney REVIEWED BY: / 2 % / John S. Lloyd Assistant Director P R I C7 Alan H. Ro hstein City Attorney - 6 Ono A ,• D AS T • FO ' ;iiii�i S :