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HomeMy WebLinkAboutCC 1973-11-15 MinutesCITY OF MIAMI SPECIAL COMMISSION MINUTES NOVEMBER 15, 1973 OF MEETING HELD ON PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL SLEJECT I�ss wiuronoace °. 1 APPOINT JOHN S. LLOYD-CITY ATTORNEY R-73-923 2 APPOINT H.D. SOUTHERN -CITY CLERK R-73-924 3 APPOINT RALPH G. ONGIE-ASSISTANT CITY CLERK R-73-925 PAGE NO, MINAS OF SPECIAL MEETING CITY COMMISSION OF MIAMI, FLORIDA On the 15th day of November, 1973, 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 for the purpose of swearing in newly elected members of the City Commission. The meeting was called to order n1 12:15 O'clock P.M. by Mayor Maurice A. Ferre with the following members of the Commission present: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Commissioner Reboso. An invocation was delivered by Reverend Johnson who then led those present in an invocation to the flag. THE OATH OF OFFICE WAS ADMINISTERED BY RALPH G. ONGIE, ASSIST- ANT CITY CLERK TO NEWLY ELECTED CITY COMMISSIONERS MANOLO REBOSO AND REVEREND THEODORE GIBSON. Mayor Ferre: Before we proceed with anything else, and I am sure that Father Gibson and Commissioner Reboso want to make their statements, I have taken the liberty of getting presents for each one of them. I might say as you open them up that the reason, you stand here with me, Manolo. You know there have been an awfully lot of accusations about machine quality and there is no question about it. I want to tell the press and everyone here that there is a machine in the City of Miami and that machine gets worn down and it sometimes needs a lit- tle replacement so I fugured that it would be good symbolism that the machine get a little assistance on this day when these gentlemen who fought the great race and won the victory I think of all the people in Miami. Father Gibson says he doesn't want this thing. He wants this pair. I don't know, I think he ought to have .... I will recognize Commissioner Reboso. Mr. Reboso: Ladies and gentlemen, for 16 months I have serv- ed as a Miami City Commissioner. I accept the office because I believe in Miami as one of the finest cities in the nation, and from that day to this I have worked hard to provide the kind of leadership Miami would be proud of. I am completely opposed to those who would give away City of Miami services to Metropolitan Government. I believe that the government closest to the people is the best kind of government. Miam- ians from all parts of the city have expressed a concern of giving away more and more city services and I agree with them. Because of this, I have run my last campaign and my pledge to the people that I will not be pressured to follow the narrow wishes of those special interests who would turn over city services without a proper referendum. I don't believe elect- ed officials should rule the city. I believe they should govern and legislate in the best interest of the citizens. Now that I have been elected to a full four year term I prom- ise to work harder than ever for all Miamians. Thank you very much. Mayor Ferre: My congratulations again. Thank you. Father Gibson. Reverend Gibson: Mr. Mayor, I want to take this occassion to thank the people of Miami for the confidence they have reposed in me. And I use that word reposed advisically. I want to renew my promise and pledge that I will do every- thing in my power to see that this City belongs to all of the people of Miami, white people, black people, rich people, poor people, iMportant people and unimportant people. And that every vote I cast will be an honest vote and in the best interest of all the people of the City of Miami. There can be no doubt in, I trust, in certain peoples minds as to how I feel about giving away my native city. As I have been loyal to the City of Miami in the past, I trust and pray that 1 Will continue to demonstrate and show my loyalty to the City of Miami now in the four years to come and in all the other years. We have been accused of playing city politics or machine politics. I am sorry for that. I only wish that those who have made that accusation would take time out and read the record. Certainly if you haven't if you haven't read it I urge you to keep an eye on the records from here on in. I again thank you, I promise and pledge to you that what I do as far as Theodore Gibson knows, will be in the best interest of all the people. Mayor Ferre: Thank you Father Gibson and again, all of our congratulations. At this time I will recognize Commissioner Plummer for a statement. Mr. Plummer: Mr. Mayor for the record, I personally would like to congratulate the three of you. I think that all of this Commission is charged with a responsibility. This City has a very fine and glorious past but the past is gone and is something that we can only sit back and reflect good or bad. But I hope that it is with my full wish that everyone sitting here today will not spend too much time reflecting the past but will look to make this a much greater and finer city for all people that wish to call it home. I congratulate you three. It is a pleasure and a priviledge to serve with you to make this a bigger and better city. Thank you. Mayor Ferre: The Chair recognizes Mrs. Rose Gordon. Mrs. Gordon: Ladies and gentlemen, Mr. Mayor and my fellow Commissioners, in spite of what the press said yesterday, we are not a divided Commission, we will be working together harmoniously. I would like to let you know we are independ- ent individuals and we will express ourselves accordingly. On some issues we will coincide and on others we will not but we will part on friendly terms, I hope and I'm sure that we will. So with that in mind and to get on with the business of the day I want to thank you for the opportunity of saying a few words and to congratulate those who whave been elected by the will of the people, and that's the way it should be. Thank you. Mayor Ferre: Thank you, Mrs. Gordon. Now traditionally over the past years this meeting where the new Commissioners and the Mayor have been sworn in have been the days when we either give our Manager a vote of confidence or we do not and even though the Charter does not specifically say or is confused as to what the procedures are, I think this has been a tradition in the City of Miami and we also on this day ap- point our City Attorney and I think it would be very much in atune of this that somebody may want to speak the question. Mr. Plummer: Mr. Mayor, if it is in accord I would be happy to offer such a motion. I think three or four months ago when Mr. Paul Andrews was appointed to this position it was said at that time that maybe he needed a trial. Well it wasn't the case, I think he has served this trial period just beau- tifully. It has been a pleasure to work with Mr. Andrews and I would be more than happy at this time to offer a motion at this time to offer a motion to reaffirm the position of City Manager to Mr, Pau' Andrews, Mayor Ferre: There is a motion by Commissioner Plummer, there Jai*** Mrs. Gordon: Jutst a point of order. Do motions for appoint- ment need seconds?? I don't believe they do. Mayor Ferre: Mr. City Attorney? Mr. Rothstein: They would, yes, indeed. Mayor Ferre: There is a motion for a vote of confidence in reappointment of the City Manager, Mr. Paul Andrews made by Commissioner Plummer, seconded by Commissioner Gibson, is there discussion on the item? Mrs. Gordon: Yes. I want to reaffirm my faith and confidence in Mr. AndreWe which I expressed three months ago when I was the prime mover of his appointment. I am happy with the ser- vice that he has given to the city in this"trial" period and so are all of the people who I have come in contact with and so are the employees of the City of Miami. I don't see how anybody could be asked to do more than that. Mayor Ferre: All right, any further discussion? Call the roll. AYES: Mr. Plummer, Mr. Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. Mayor Ferre: (On roll call) In voting I would like to say that I have been very gratified and very pleased, personally with the very fine job that Paul Andrews has done but I want to say that I don't think that it is anywhere near the fine job he is going to do. Mr. Plummer: Mr. Mayor, I would like to ask a question. Does that mean that Mr. Andrews has been reappointed today that he must supplement the lunchoen paid for by Commissioners Gibson and Reboso? Mayor Ferre: I think that's something that we're going to leave now. It will have to be in sunshine too. Mr. Andrews, the Chair will recognize you for a statement. Mr. Andrews: I want to thank the Commission for their expres- sion of confidence in me and I want to assure you that you have just expressed, Mr. Mayor, that I will do everything to improvelupon any of the actions I have already taken in be- half of the City of Miami and I can assure you that. the City will move ahead insofar as its City Administration is con- cerned. Thank you. Mayor Ferre: Thank you, Mr. Andrews. At this point I will turn over the chair to Father Gibson. Mrs. Gordon: Mr. Mayor, before you make your statement, I ask for the opportunity to speak so I would expect you to honor it. Mayor Ferre: I'm not the chair now and Father Gibson, I would like to be recognized for the purpose of making a mot- ion, if I may and then I am sure we can make other motions. Reverend Gibson: All right. Mayor Ferret During the tixne 1 was interim Mayor I sponsored the Charter change to make the office of the City Attorney a full time position. On November 6th the electorate of the City of Miami overwhelming voted to do just that. In my op- inion the persons nominated for director of the Department of Law in the City of Miami should have three distinct qualifi- cations. One, his integrity must be beyond reproach, Two, he must be thoroughly familiar with the procedures of Munici- pal government. Three, he must be a knowledgeable public servant, a protector of the city taxpayer. It is for these reasons that I nominate a man who has served for 13 years as Assistant and Assistant Director of Law, Mr. John Lloyd. Mr. Lloyd is a tenacious dedicated man who worked his way through the University of Miami Law School, graduating Magnum Cum Laud in 1954. Prior to that time he was in the radio and newspaper field. He is a recognized authority on torts and has certainly proven his ability in governmental law these past years. Mr. Lloyd is a professional thoroughly familiar with the procedures of government, especially the City of Miami. At this important cross roads, I am sure he in turn will assure that the City Law Department hires promising, cap- able attorneys that perhaps can someday work their way up to City Attorney. I am confident Mr. Lloyd would be very con- scious of hiring attorneys of various ethnic backgrounds, both men and women. The appointment of John Lloyd would fol- low the same reasoning as the previous appointment we just heard of Paul Andrews. As in industry, unquestionably, pro- dntion from within strengthens the organization. These men have proved their ability under fire. Their promotion to the number one spot will uphold the moral of the City employees to stress the belief and opportunity in the growing healthy City of Miami. In years past when Metro has followed this procedure of internal promoting of internally appointing the Law Department the City of Miami has not. The only reason we should ever go outside of the City of Miami for promotions is when we do not have the qualifications internally. At no time can the City of Miami afford to compromise with excell- ence. I am pleased that in the case of John Lloyd both these requirements and excellence are complemented. It is equally important that we extinguish the fires that burn at the altars of political patronage. In the case of John Lloyd, a profes- sionally dedicated man to the City, no such accusations can be made. Within the past 24 hours I have contacted nine people who are in my opinion, a good cross section of this community, being either attorneys or knowledgeable with the proceedings of the City of Miami's Department of Law. I have gotten from each of the 9 positive reactions varying from enthusiasm to a strong recommendation. In all cases all of these consulted were of the opinion that the integrity and ability of John Lloyd were unquestionable. Those consulted were Mr. Syndey Aronovitz, former City of Miami Commissioner and Little H.U.D. Chairman, Mr. Mitchell Wolfson, Chairman of the Downtown Parking Authority, Mr. Daniel P. attorney for the Miami Herald and other community corporations and a civic activist. Mr. Alan Rothstein, our present City Attorney, Mr. Daniel Cavannaugh prominent attorney in many civic causes, Mr. Jack Rice former City of Miami Attorney, Mrs. Alice Wainwright former City of Miami Commissioner, well-known conservationist, attorney and community activist, Mr. Stewart Simon, Metro Attorney and finally, Judge Thomas E. Lee, Jr., Chief Judge of the llth Jucicial Circuit Court of Florida. In the interest of time, I will not read, but will submit for the record a letter addressed to Commissioner Reboso dated November 14th where Mr. Bill Colson of Colson and Hicks compliments Mr. John Lloyd for a brilliant job he did and recommends this man highly. For these reasons I ntrongly reooMMend that We appoint d'ohn Lloyd as City of Miami Attorney. Mr. Plummer: Mr. Mayor and Mr. Vice -Mayor, I understand that a second is in order and I will second that motion. Mrs. Gordon: I have another nomination. I would like to put the second nomination into consideration for this Com- mission. May I proceed, Mr. Mayor? Reverend Gibson: You may, Rose. Mrs. Gordon: When I was a candidate a little over two years ago and I prepared a platform on which I was going to run, and one I firmly believed in, it was that this City should have a full time City Attorney and I would like you all to know, and those of you who already don't know it, I fought deligently and persistently for what we're about to do today. Any nomination I make has no reflection upon the qualificat- ions and integrity or in any other way upon the individual whose name has already been placed in nomination but in a democracy it is fair and right that we might consider more than one person equally qualified, with the same amount of integrity and the equal kind of background for the position. It is with this in mind that I'm going to put another name on the table for consideration of my fellow Commissioners and I'm assuming the vote will be taken and the one who meets with the most favor will be selected. I would like you to know that I have checked with this individual to be certain of the willingness and enthusiasm to serve the City and it has been given. The person that I'm going to nominate is a person who was born here in the City of Miami, she is a woman who has distinguished herself in government and in the com- munity. She has a tremendous record of honors and achieve- ments much too long to read at this time but they read at least two pages long. The woman that I would like to nom- inate I'm proud to put in nomination and it should be, and it is a fair and right thing that we consider both men and women for the same position. I'm going to nominate Mrs. Gwendolyn Sawyer Cherry for Attorney for the City of Miami. Mayor Ferre: Mr. Chairman, Mrs. Gordon, would Mrs. Cherry relinquish her position as a member of the Florida legis- lature? Mrs. Gordon: She understands this is a full time position. Mayor Ferre: I might just say, is Mrs. Cherry here today? Mrs. Gordon: Mrs. Cherry, I don't believe is here today but she has been contacted and has supplied the information I have just given to you. Mayor Ferre: Before this comes to a vote I want to say that I have the highest regard and respect for Mrs. Gwendolyn Cherry. I think that she is a woman of outstanding capabil- ity. I think that she is an excellent attorney. She is a proven leader and a woman certainly dedicated to the best causes of mankind and I think she is a wonderful woman. I do think as I stated that the only way we can look outside of the City of Miami is after we have exhausted an honest sincere look within our own ranks to see if someone within our ranks is capable of handling the job and since I feel that we do have one in our midst who is a man of excellence and who is a man of stature, who is a man of, for the record not only in government but specifically within the City of 44 Miami. 1 want to be very emphatic for the record in saying that 1 am not voting against Gwendolyn Cherry but rather that I' m_ vot ing for d'ohn Lloyd. Mrs. Gordon: I would like to state in her qualifications that she has a multitude of qualifications that would make her an excellent choice. She is as well as an attorney, she's a teacher, she's an author, she has state government experience too. She would present this City with a new ap- proach. We need a new approach in our Law Department. We don't necessarily have to live with what we have had simply because we have it. We need to have someone else in my op- inion to come in. I had consulted with the Dade County Bar because my first thought was that the bar supply us with three or four names, men and women for our consideration. The bar had informed me that they were not inclined to make recommendations for political types of appointment which they considered this kind of an appointment to be, one that serves at the will of this Commission. I have a point of information which I would like answered with regard to Mr. Lloyd who I believe has Civil Service status. Does he have Civil Service status? Mr. Rothstein: Mr. Lloyd is presently in the unclassified service of the City of Miami Law Department. He previously was a classified employee. The procedure that is followed is that if you are a classified employee and you move to unclassified, you have the right to go back if you are re- moved from your unclassified position to your Civil Service Rating even though it may be much lower. Mrs. Gordon: I see, that was the consideration I was think- ing of also with regard to him which might not be exactly fair to him. I have placed the name of Mrs. Gwendolyn Sawyer Cherry in nomination. Reverend Gibson: Mr. Mayor, ladies and gentlemen, I have no problem with the nominees. I have some real concern and problems with how we're going to live with this from today, tomorrow, the next day and the next day. Mr. Plummer: Mr. Mayor, a point of information. Are you speaking to the motion that has not received a second? If so you are speaking out of order. Reverend Gibson: I'm not speaking to either motion, I'm speaking to what really bothers me. Mr. Plummer: All right. Now let's get something settled first. I asked the City Attorney that there is a second needed for the motion. Mrs. Gordon has made a motion, I have not heard a second. Mrs. Gordon: Father, do you want to continue? I have a statement to that... Reverend Gibson: Let's deal with the motion, the nomination.. Mrs. Gordon: The nomination and the second, the rules of order that we operate under, Mason's Rules of Order, does that require a second or is this your own opinion, Mr. Rothstein? Mr. Rothstein; As every other resolution or motion before this Commission that's appropriate for passage to make an appointment to a post requires a second. Mrs. Gordon: tut that doesn't answer my question. Are we operating under Maeon's rules? Reverend Gibson: Let me Rose, whether it does or it doesn't, it can be very easily resolved that either you have a second or you don't have, you have a second, the proof of the pud- ding would be in the vote and you have the right when the clerk calls the name of your nominee, anyone wants to vote for the nominee votes and if when your nominee is called anybody wants to vote votes and whether we get a second or not, I know that's right. Mrs. Gordon: Right. I don't believe we need a second. Reverend Gibson: Let me say this, Mr. Mayor and Commission, before we vote, and I have nothing against either party, I hope, I would be much happier if we wrote some rules. For instance, I have some real problems with whether you are go- ing to jump from Civil Service status back out of Civil Ser- vice status, I'm not speaking for anybody. I will accept any nominee, but you know, I sit up here in these few months you gave me, gave me a little time to look and learn and listen. Let me ask some questions for the public. You take the Chair now so that I can ask some questions. Mayor Ferre: You can ask questions from the Chair. Reverend Gibson: A11 right. Mr. Lloyd has been working for the City how long? Mr. Rothstein: Thirteen years. Reverend Gibson: All right, how many years may one work or can one work before, for instance, Mr. Andrews, I learned something from your appointment and I want to make sure I'm don't back myself into a corner now. Do you understand what I'm talking about, Mr. Rothstein? For instance, Mr. Lloyd is a Civil Service employee. What are the rules pertaining to Civil Service employees? Mr. Rothstein: May I say this? I don't think that Civil Service has anything to do with this question because Mr. Lloyd is the Assistant City Director which is unclassified service and he will not be affected in one way or the other. It won't make any difference Reverend Gibson: What is the.advantage of being a Civil Service employee that is not true otherwise? That is what I want the public to get. Mr. Rothstein: I can explain that. The Civil Service em- ployees are employees who have worked in various departments at various levels of the City operation of government. They get hired after tests, after promotions through Civil Service rules and regulations. At some point where the higher level positions are available, whether it be City Attorney appoint- ed by the City Commission or whether it be assistants to the directors or director heads appointed by Mr. Andrews or the heads of the departments, for the most part, the history has been that the experience that these men or women have gotten moving up and taken advantage of them, and then they. go in the upward positions in the unclassified service. There is no restriction, however, for the fact that the unclassified service must be picked from Civil Service. :_So that from time to time, you see the City Manager appointing a head of the Department of Recreation from some other community or the bringing itl of other men or women from the outside at higher level positions as assistants to the director or as the director. The point that I believe you are asking is what is the procedure. For the most part, people moved up through the ranks because of their experience and their proven loyalty to the City. On occasion when you need per- sonell that you can not move up or somebody of a top level becomes available from somewhere else, you can at a higher level, based on their experience elsewhere move them in at a higher level. Mr. Plummer: Father, may I ask a question which might get to the point? Mr. Rothstein, is it true today that Mr. Lloyd in his position serves at the whim of the director? Mr. Rothstein: That's correct. Reverend Gibson: That's what I wanted to hear. I wanted to make sure that we were not going to be locked in. Mr. Rothstein: May I say one thing more? Every attorney that works for the Law Department or who will work for the Law Department °-las the lady police sergeant that we've hired, Miss Carter, all of those people are appointed by the City Attorney. Mrs. Gordon: By who? Mr. Rothstein: By the City Attorney, not by the Commission. Reverend Gibson: All right. Let me raise another question. We now have gone to a full time City Attorney which I am glad we are doing. I have some real problems with that but I'm not going to let my bias come out today. What I want to know is, this man is appointed for how long? You see, he didn't say that in this business and I don't want to see us backed in a corner.. Mr. Rothstein: The answer is very simply... Reverend Gibson: For two years? Mr. Rothstein: No sir. At the time you passed the reso- lution I had three alternatives placed before you. One of which provided for a two year term, one of which provided for what was passed, and one of which had some other pro- visions. But I made it very clear that unless you put the terminology two -year -term, when this Charter amendment pass- ed that Attorney would be serving at the will of the Commis- sion. In other words there's a procedure in the Charter how the will of the Commission is expressed with reference to the City Manager. There is no such procedure, that was the third alternative, the procedure for the City Attorney be removed, so there is no such procedure for the City Attorney and that means that the City Attorney serves at the will of the Commission. He can be hired today, fired tomorrow. Reverend Gibson: All right. I'm clear. Let me make sure now. You see, I'm a slow learner. If in the morning, today, we're going to hire Mr. Lloyd or anybody else as a City Attor- ney, Mr. Lloyd or anybody else, Mrs. Cherry, and if next week we decide this person is not acting as we the Commission feels they ought t,:,, act, we can fire him. Mr. Rothstein: It's the same thing as with the Manager but without some of the minor technicalities. Reverend Gibson: All right, let meesay this. Well, it isn't so easy to do it to a lawyer because he's his own lawyer but if a City Manager has to go get himself a lawyer. But the other question is this: What then, as we now stand, suppose we appoint Mr. Lloyd, and we decide two weeks later we don't want Mr. Lloyd, what are we obligated to do at that point? Other than say here's your paycheck, you've worked for us 18 years and two months and we think that your work is not satisfactory? Mr. Rothstein: There is a slight technicality. You could remove him immediately as you said and say we don't want you, Mr. City Attorney. In Mr. Lloyd's case, he had a lower level Assistant City Attorney Civil Service Ranking protecting him if he wanted to stay as a lower level Assistant City Attorney. That would not go for anyone else who gets appointed. Put them in today and get them out tomorrow. Reverend Gibson: A11 right. I just wanted to make sure that I understand and that the public understands, I could fire him as the City Attorney but I would have to keep him on as an attorney in the lower capacity, isn't that right? If he chooses to stay. Mr. Rothstein: Only in the case of Mr. Lloyd. Right. Because he has been 13 years with the City. Reverend Gibson: All right, I just wanted to make sure I understood it. Mrs. Gordon: Carter has brought up a very good point, may I elaborate on that? Since he is under Civil Service indirectly if not directly in that position, he would have some conflict on any matters where Civil Service were concerned. Mr. Rothstein: That's not so, ma'am. Mr. Plummer: Father Gibson, let's get this for the record. I hope that none of your questions or Mrs. Gordon today as it pertains to the City Attorney and in particularly per- tains to Mr. Lloyd, that the record will reveal that these questions were for information purposes only that there was no intent behind them that in two weeks if for some reason Mr. Lloyd is discharged, it cannot be said that that was the intent at the time of hiring. So I hope that therecord will be very clear that these questions were asked for information purposes only. Reverend Gibson: Yes. I just want to make sure that every- body understands that Theodore Gibson will ask these quest- ions even if they hurt me. That is the way I have lived on this Commission. I think that I ought to be fully aware when I vote, what I'm voting on and I want Mr. Lloyd to understand that this does not lock us in and I want us to understand that this does not lock us in. Mrs. Gordon: Clear the parliamentary rules, please, from the Mason's Rules under which we operate and then we can go on from there. Reverend Gibson: Don't worry, Mrs. Gordon, I'm going to give everybody a chance to vote for his or her candidate. As the presiding officer, I will ask the clerk to call the name of, shall the last be first or the first last, which do you want? Do you want me to call for the vote? Mrs. Gordon: Don't we need a clarification of the Attorney's opinion? Mr. Rothstein: I can clarify it very simply. When the rul- of the parliamentarian is questioned and the chair has made a ruling, the Chair's ruling stands unless otherwise challeng- ed by a full vote of the Commission. Mrs. Gordon: Well, I'm challenging the parliamentary rul- ing because Mr. Rothstein: Ma'am, I don't think you understand... Mrs. Gordon: I understand. Mr. Rothstein: The presiding officer has ruled in your favor and I can't understand why you would challenge him. Mrs. Gordon: Oh I'm sorry, I thought you were speaking of the man that made the motion. I think of the Mayor as being the presiding officer. Mayor Ferre: I think we are going to get a little confused here. Let me repeat what Mr. Rothstein said. Mrs. Gordon: I understand. Mayor Ferre: He agrees with you Rose. Ok? Mxs. Gordon: Ok, let's go. Move on. Reverend Gibson: All right. It is clear to me, I hope it is clear to everybody else that we're going to call the roll on the respective nominees. Do you want us to do this with a ballot or do you or do you want it... Call the roll. Mr. Ongie: All right, this first roll call will be on the first nomination of Mr. Lloyd. Is that correct? Reverend Gibson: Which do you want first Rose, do you want your name or... Mrs. Gordon: I would like the alphabetical order followed. Reverend Gibson: All right, Cherry. Mr. Ongie: Roll call on the nomination of Gwendolyn Cherry. Mr. Plummer,... isdr. Plummers <:-I 'will rchallenge the Clerk's ruling . Mr. Clerk, we will follow the same policy that we've followed at all times, rotation.. voting. Reverend Gibson: Rotation of voting, whatever that means. Let the Clerk explain to the public what he means. Mr. Rothstein: Mr. Chairman, Mr. Plummer: Mr. Vice -Mayor, if we're going to get techni- cal let's go right down the line. Mr. Rothstein: If we're going to get technical then the first nomination is the first one to vote on. Reverend Cibsont All right, first Nomination, let's go. Mrs. Gordon: Wait a minute. I would prefer a written bal- lot as we have done on ... Reverend Gibson: All right, let's write them. Mayor Ferre: Now wait a moment. Reverend Gibson: Write your ballots. Mrs. Gordon: And number them. We might have more than one. This is democracy in action, people. Mr. Rothstein: Mr. Presiding Officer, each ballot should have the name of the Commissioner who made the ballot marked on it and then it should be handed to the clerk. Mr. Ongie: Before these, I have six pieces of paper and there are only five Commissioners. Reverend Gibson: Write another ballot. Mr. Ongie: All right, this is the first ballot. Reverend Gibson votes for Mr. Lloyd, Mr. Reboso votes for Mr. Lloyd. Mayor Ferre votes for Mr. Lloyd. Mrs. Gordon votes for Mrs. Cherry and Mr. Plummer votes for Mr. Lloyd. Thereupon. Mayor Ferre resumed the Chair. Mrs. Gordon: Mr. Mayor, may I make the vote unanimous? Mayor Ferre: I think that would be very good and I now accept a motion on the part of Rose Gordon to make the vote unanimous to appoint John S. Lloyd as City of Miami Attorney. Do we have a second? Mrs. Gordon: We don't need a second. Mayor Ferre: Yes you do. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-923 A RESOLUTION APPOINTING AND ELECTING JOHN S. LLOYD TO THE OFFICE OF CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA, AND PROVIDING FOR EMOLUMENTS OF OFFICE. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote-rAYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. Mrs. Gordon: May I make a short statement, Mr. Mayor, so that no one thinks that my vote reflected against Mr. Lloyd at any time whatsoever. This is democracy, we have our own opinions and we express them. This is a completely independent Commis- sion as you can see. Mayor Ferre: I c fr +completely agree with th . Mrs. Go gbh, t commend you for your action and I want to repeat what 1 said that my vote was not against r4rs. Cherry, it was for John Lloyd. Mrs. Gordon: I understand. Mr. Plummer: Mr. Mayor, I think the record would reflect that of all of the Commission. Not just your own, but I think it would reflect that of Reboso, Gibson and Plummer. REQUEST POLICE CHIEF BERNARD GARMIRE TO APPEAR AT THE NEXT COMMISSION MEETING. Mayor Ferre: My fellow Commissioners, at this time, and I do this with apology to you because this is not the purpose of this meeting but the headlines that I and all of us have been seeing in the newspapers are such that I think we just have to take some strong action very quickly and I'm going to pass out to you a statement which I am making here this morning. I want the City of Miami made safe to walk in once again. It can and will be done. During my recent campaign I promised the people of Miami better police protection. I intend to see that they get it. I don't believe the public is going to continue buying police statistics saying crime is decreasing in the City of Miami when daily newspaper headlines tell us differently. We must make immediate steps to return the credibility in the Police Department by the citizens. We must take positive steps to discourage the criminal element from continuing to flaunt the law of the City of Miami. I think it is a disgrace that 5 City of Miami Police Officers are accused of raping a woman right in down- town Miami. I don't want to pre -judge the accusation but I know it has had a shattering effect on the confidence of tax- payers. Within the past few weeks we have had a half dozen vicious murders or attempts in the downtown area, a man's skull cracked in a downtown open parking lot, a British girl visiting beaten beyond intelligence at the bus depot, stabb- ings, rapes, a public official, in the last few days beaten to death in the downtown hotel and so ad nausium . Within the past few days a bandit walked into a Flagler Street Bank and committed a robbery. In the downtown area there have been close to fifty breaking and entering cases within a month. Many merchants on Flagler Street are again talking about closing down and moving out. Prostitutes are openly operating on a strip of Biscayne Boulevard flagging down traffic within shouting dis- tance of the Chief of Police's residence. A television mer- chant in Little River told me he was shutting down his store because after five robberies he could no longer afford to keep open stock on hand. He had tried selling from a catalogue, and sales were going continually down. I want the City Manager to take these immediate steps. Number one; to summon the Chief of Police to the next meeting of the City Commission for an open and frank discussion of the city's police problems, and leave the statistics at the police station. Two; to tell the City Commission what the department needs that it hasn't been given, if anything. Three; develop a plan for better police protection on the streets, in the neighborhoods and in the business commun- ity, and lay it before the City Commission and the public in language we can all understand. I don't want to hear any preach- .ng about social studies to search out root causes of crime. Social studies should be made, but not as a cop-out or an excuse. The public isn't going to continue to accept excuses. If these studies are necessary let them be made in conjunction with posi- tive action for better police protection, and not instead of it. The old excuse was that more money was needed to employ more . 1-15-73 policemen. That was acceptable at first. Now there is enough money in the City's budget to employ sixty more police officers. I understand the stumbling problem now is that sixty qualified policemen cannot be found. I am not going to buy that. Through- out the United States it is reported in a news article in the Miami News of November the 13th, which I have also attached to this release, that major city police departments are being over- whelmed with applications. I well understand that under the City charter I cannot take direct action with the Police Chief and must channel my thoughts through the City Manager, the Chief's direct boss, but if we don't get a clarification of this matter soon, I intend to take legislative action. I hope it does not become a situation where the City Commission has to ask the people for a charter amendment putting the Chief of Police under the Mayor and Commission. We have a splendid City Manager --and I want to repeat that --we have an outstanding City Manager, and a good Police Chief. Most of the officers are dedicated, honest and hard working men and women, but I am convinced we need better police administration and less excuses. I intend to see that the parks, the streets and the neighborhoods of Miami are safe for citizens to walk in once again. My principle objective --and let me be very emphatic about this --is to see that the Police Depart- ment has everything it needs to do the job. If it doesn't have everything it needs, I think we on the Commission should know about it immediately. The police deserve the public support, and I intend to see that they get it. CITY CLERK & ASSISTANT CITY CLERK - APPOINTING H. D. SOUTHERN & RALPH G. ONGIE: The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 73-924 A RESOLUTION APPOINTING AND ELECTING H. D. SOUTHERN TO THE OFFICE OF CITY CLERK OF THE CITY OF MIAMI, FLORIDA, AND PROVIDING FOR EMOLUMENTS OF OFFICE (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 73-925 A RESOLUTION APPOINTING AND ELECTING RALPH G. ONGIE TO THE OFFICE OF ASSISTANT CITY CLERK OF THE CITY OF MIAMI, FLORIDA, AND PROVIDING FOR EMOLUMENTS OF OFFICE 11-15-73 (Here follows body of resolution, omitted re and on file in the City Clerk's office) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Mr. Carlos Arboleya appeared and made the following state- ment: My name is Carlos Arboleya, 1941 SW 23rd Street. I very much subscribe to that statement, Mr. Mayor, that you have just given on the Police Department, and I would like to make one comment on that statement. It is not only the Police Department that this Commission should direct its efforts toward. It is perhaps toward the judges, the courts and the juries, because no sooner does the Police Department apprehend a criminal than within twenty-four hours he is out on the street repeating his crime. Our system, I realize, provides for this, but it is not only the Police Department that we should focus our views on. It is our courts, as well as our judges, etcetera, as to once the criminal is apprehended, and our attorneys, once the criminals are apprehended to make sure that they stay behind bars. ADJOURNMENT: On motion duly made and seconded the meeting was adjourned at 1:10 o'clock P.M. MAURICE A. FERRE MAYOR ATTEST: H. D. SOUTHERN CITY CLERK 11-15-74