Minutes 09-21-92#INUTES OF THE SPECIAL CITY COI~I4ISSION HEETING HELD IN COI414I$SION
CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, OH
HONDAY, SEPTEHBER 21, 1992, AT 7:00 P. #.
PRESENT
Arline Weiner, Mayor
Lynne Matson, Vice Mayor
Jose Aguila, Commissioner
Edward Harmening, Commissioner
Robert Walshak, Commissioner
J. Scott Miller, City Manager
James Cherof, City Attorney
Sue Kruse, City Clerk
CALL TO ORDER
Mayor Weiner called the meeting to order at 7:00 P. M. to consider the report
from Murphy, Mayo and Associates regarding assessment of the Police Department
status.
REPQRT FROH #URPHY~ ~YO AND ASSOCIATES
Mr. iMurphy stated that Murphy, Mayo and Associates, Inc. was contracted with to
do al short study and to provide a report in a relatively short period of time
conclerning problems within the Police Department in Boynton Beach, specifically
an ilncident involving a police officer having a swastika tattooed on his ankle
and ibeing dismissed by the Chief of Police from the Police Department. Since
thatl time, the officer has been restored to duty by the decision of an arbitra-
tor.~
Mr. Murphy thanked all of the people in Boynton Beach who have been cooperative
durilng this limited study, which quickly required findings and conclusions to
assess the degree of discrimination in the Boynton Beach Police Department con-
cerning race, ethnicity, sex or religion.
Mr. iMurphy stated that the recommendations in the report do not imply that all
of tihe suggestions are unknown to the Department. In fact, Chief Hillery is
plan!ning or implementing some of these same recommendations.
Mr. Murphy stated that he has found that Chief Hillery believes and acts posi-
tivelly in condemning and prevention discrimination of any kind. The vast
majolrity of officers are highly respected by the citizens that were interviewed
for Itheir fairness, equal treatment, compassion, courage and honestly. A very
smal!l number of officers have reputations for being racist, brutal or discrimi-
natoiry toward people for one reason or another. However, no evidence was found
to iindicate such behavior is condoned by the management of the Police
Depalrtment. There is evidence that indicates Chief Hillery has dealt firmly
withi discriminatory behavior since becoming chief eight years ago. Mr. Murphy
saidi it is understandable that the tattooed swastika created a perception of
antil-Semitism in many minds, and that developments following the dismissal of
the iofficer by the Chief of Police, during which the police union strongly sup-
portied the defense of that officer, also created perceptions that have had a
negaitive impact on the reputation of the Police Department.
MINUTES - SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTENBER 21, 1992
Mr. Murphy stated that there is a problem with discrimination in the hiring of
Black officers. The number of Black officers is extremely low. Yet, it is not
based, in his opinion, on deliberate discrimination. The Police Department has
felt it followed the rules appropriately and the Personnel Department is respon-
sible for testing. If the matter were before a Federal court, the hiring of
many more Black officers would be ordered. The Department has felt it has done
its best; however, its best is not good enough. In fairness, Mr. Murphy pointed
out ithat over the years the Department has lost many fine Black officers who
have transferred to other police departments or have been recruited by Federal
law enforcement agencies who lured them with attractive incentives.
The iPolice Department began the process of accreditation a few years ago. The
purs)uit of that goal has been delayed by some financial limitations. It is now
backi on track and when the Department is finally accredited nationally, it will
have! gone through a very thorough exercise of self-evaluation and development of
poli)cies and procedures that will make it a better Police Department. The Chief
of P)olice has an early warning system to identify those officers who are
invo)lved in misconduct so that a pattern will not develop undetected and ulti-
mate)ly result in an embarrassing or tragic problem.
The iBoynton Beach PoliCe Department, at this moment, is in turmoil. When the
arbi)trator ordered the restoration to duty of an officer who had been dismissed
for ibehavior that seriously discredited the entire police force and frightened
the icommunity, it caused many people to question the quality of police personnel
and )police service in the City. The incident was one that caused many to be
conc:ierned that the selection process for obtaining officers may be lacking in
some) respect, or that procedures for supervising officers were lacking. The
result of all of this is a very unhappy situation for the Department; however,
Mr. Murphy was happy to report that he has seen strong evidence that Chief
Hill!ery is determined to move the Department ahead.
The Black community is grossly underrepresented in the number of officers.
AlthOugh it constitutes approximately 20% of the population and suffers a
displroportionately large share of criminal victimization, only 2.4% of the
offi!cers are Afro-American.
Laboir-management relations are severely strained. This is not uncon~non in
polilce departments; however, the level in Boynton Beach may be unusually high.
A la)rge number of officers have expressed a lack of confidence in the leadership
of tbp management. A divisive conflict exists between the Chief and the Police
officers' union president.
As in many urban police departments, the relationship between most patrol offi-
cers)in low income residential areas where there is poverty, unemployment, and
highi rates of social and economic problems, the relationship is not all that it
migh~ be. In fact, at times the relationship between officers and the citizens
they) protect is counter-productive. It is a stranger relationship rather than a
friendly partnership and it is a problem that needs to be addressed as the
Department has begun to move into community policing, which is based on the
NINUTES - SPECIAL CITY CONNISSION #EETING
BOYNTON BEACH, FLORIDA
SEPTEHBER 21, 1992
principle that the police exist to assist the community to protect itself. The
police cannot do the job alone and as the new philosophy is adopted, an offi-
cer's work with the people they protect, in fact, individual officers responsi-
ble for small populations of residents and those who work in the City, there
will be improved effectiveness and it is safe to predict that crime will decline
and a climate of orderliness will be improved.
Mr.~Murphy stated that some deficiencies have been identified in police manage-
ment and organization. These are discussed in some detail in the conclusion
section of the report. It has been found that discrimination based on race,
rel gion or sex is neither an entrenched nor a widespread problem. However, the
dramatic events of this past year have generated a perception in the community
that is causing serious concern and sends a strong message to the Department
that these problems must be addressed. A small number of officers have been
identified anonymously. In fairness to the overwhelming number of professional
officers who function as members of an honorable vocation, those who violate
their trust must be cut out like a cancer.
Chief Hillery has vastly improved the Department during his tenure as its chief
executive. He has worked to improve racial representativeness but has failed
in that regard. The police management believes that it has done all that can be
done within its fiscal constraints. That is incorrect. The role of the
Personnel Office, which has primary responsibility for hiring, is critical. It
should identify methods that have succeeded in other jurisdictions and bring
them to Boynton Beach. Creative approaches have been successful across the
nation in cities of every population range. Mr. Murphy was confident that
Boynton Beach can and will do better in the future. The Civil Service Rules
under which the Police Department operates may have to be amended to create an
affilrmative action plan because the current selection by rule of three may
hinder the hiring of adequate numbers of minority officers.
Chief Hillery, like other able, dedicated chiefs in the United States, is
severely handicapped by the fragmentation, insularity and inbreeding of a non-
system of more than 17,000 agencies. The failure of Federal and state govern-
men~s to systemize policing largely explains why the wealthiest, freest country
on earth has the highest rates of crime and incarceration.
Inbreeding narrows the vision of police management. Solutions to many problems,
inclluding minority recruitment and misconduct by individuals or groups of offi-
cers that embarrass not only the Department but the entire City, are a manifes-
tati)on of weaknesses in management. In this Department, as in many others
across the country, the wheel is reinvented often because there is not enough
communication among departments to pick up the best ideas and to apply them
wherever they can be used.
Mr. Murphy stated that the critical incident that brought him to Boynton Beach
is one of almost earthshaken importance and shocks him. It is difficult for him
to believe that a police officer in 1991 or 1992 could be so insensitive about
the ienormous tragedy that was experienced in this century. It raises serious
#INUTE$ - SPECIAL CITY COMNI$$ION HEETING
BOYNTOH BEACH, FLORIDA
$EPTE#BER 21, 1992
questions in his mind about the quality of leadership, management and super-
vision in this organization. He has been very positively impressed by what
Chief Hillery has contributed to this department; however, this department has a
serious problem at this moment. He recommended it be addressed with the
seriousness it deserves.
Mayor Weiner thanked Mr. Murphy and asked him to review the recommendations in
his report.
Mr. Murphy stated that American policing is uniquely local and we all have tre-
mendous respect and admiration for the police officers who courageously protect
us around the clock, and because we hold police officers in such high esteem,
there is a tendency to think that all is well, but all is not well in Boynton
Beach or hundreds of other cities across this country when looking at the crime
rates and racial, ethnic and religious tensions in cities. There are serious
problems in American policing. American policing is not successful and this
Department, like so many across the country, needs help to improve the organiza-
tional structure, management, and leadership to assure the people of this City
in no uncertain terms that the embarrassment they have suffered will not be
taken lightly. Although the Chief, the City Manager, and this Commission are
frustrated by the decision of an arbitrator, it cannot end there. The
Department has much room for improvement. The recommendations center around the
need for that kind of improvement. Recommended were the following:
(1) A very high priority must be given to the hiring of well qualified Black
officers, using an affirmative action program, if necessary, with all of
the components of good recruitment, an improved selection process that
eliminates or reduces the disparate impact of any part of. the screening
process.
(2)
(3)
An improved civilian complaint review process so that every citizen of
Boynton Beach will feel confident that if there has been misconduct on the
part of a police officer, or even the appearance of misconduct, that a
complaint can be registered and recorded expeditiously and with ease, will
be thoroughly investigated, and the citizen advised of the disposition of
the investigation. This is a very valuable process for the Chief. It
helps him to know what kinds of dissatisfaction may exist in the community
and to shape his initiatives accordingly.
Reorganizing the patrol function so that one police officer is responsible
for the protection of a small community of about 1,000 people. That
officer will be a member of a team, headed by a sergeant, that will protect
approximately 5,000 people. Weaknessess in organization, especially in the
basic patrol function, can cause serious problems, one of the most serious
being low morale among patrol officers. If patrol officers simply respond
to emergency calls over and over and do not have the opportunity to get to
know the people as human beings whom they are protecting, then those offi-
cers will not be as effective in assisting the people to protect them-
selves. Although the Department is moving into community policing on a
4
MINUTES - SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 21, 1992
small scale, it is currently organized like most police departments--around
the concept of responding to emergency calls.
(4)
Every police department requires strong leadership that earns the loyalty
of the courageous officers who take to the streets night and day around the
clock to protect life and property. Officers are entitled to an organiza-
tion to represent them vigorously as employees. Tensions between a chief
and union leader can understandably occur. They cannot be permitted,
however, to weaken the control and discipline required in a quasi-military
organization where individual officers are given a sacred trust and the
awesome authority to detain, investigate, use force, and even take a human
life. Every individual who is given that sacred trust by society must be
well disciplined and there must be the tightest of controls in every aspect
of police performance. To lead successfully, a chief must hold every
supervisor and manager strictly accountable for the performance, maturity
and fitness for duty of every officer for whom they are responsible. The
role of the sergeant,~-as the closest supervisor of an officer, is critical.
Employees requiring counseling or treatment must receive prompt and ade-
quate assistance to a reasonable degree. At all times, however, doubts
must be resolved in favor of the Department and the safety of the people.
An armed officer invested with enormous powers and broad discretion cannot
be allowed to function with such awesome authority when unqualified for
duty. Due consideration must be given to the risks involved when an
officer with police powers is off duty. As difficult as that is, Police
managers and supervisors must exert the influence of strong leadership so
that officers, whether off duty or on duty, will behave as professionals,
aware of the enormous impact on an entire community that the misbehavior of
one officer can have.
(5)
The Boynton Beach Police Department, like so many police departments, seems
to grant less prestige to patrol officers than detectives. Detectives are
very important people and do very good work; however, the most important
person in the Police Department is not the Chief of Police, Deputy Chief of
Police, lieutenants, sergeants, captains or detectives. It is the patrol
officer who is out on the street. That officer must be given the prestige
that that important, most difficult position in the Department deserves.
(6)
Possibility of hiring more civilian employees to replace sworn officers in
positions where a sworn officer is not absolutely required, enabling the
sworn officers to devote more time to their most important work. The
hiring of civilian employees is less costly. Boynton Beach has a low ratio
of civilian employees compared to the national average and many other
cities.
Mayor Weiner expressed her gratitude to Mr. Murphy for the intellectual scope
and depth of his report, given the short amount of time in which to prepare it.
MINUTES - SPECIAL CITY COI~4ISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 21, 1992
STAFF COMMENTS
Edward Hlllery, Police Chief, stated that the results of the report are fine.
The matter that prompted this had to do with racism, sexual harrassment, relig-
ious harrassment, etc. He felt that Mr. Murphy dealt well with this and talked
to many people inside and outside the Department. Even though he welcomed the
investigation, he always felt that he does not have a racist police department.
He had no quarrel with Mr. Murphy's observations and his delving into the phi-
losophy of community policing. The Boynton Beach Police Department was the
first department in Palm Beach County to move into that direction and is in
transition towards that goal. The final product may not be an officer for every
thousand people, but the philosophical outlook that the Boynton Beach Police
Department is moving towards is that it needs to be closer to the people.
Unfortunately, police work has become very technical, mechanized and mobilized.
Economics have caused police departments to move away from walking beats, which
is probably the most expensive form of patrol. We have found in the short
period of time that we have been'involved with community policing that it works.
Chief Hillery said he would be glad to implement any of the recommendations of
Murphy, Mayo and Associates, Inc. to the benefit of the City, the citizens, and
the Department. He appreciated Mr. Murphy's effort and hoped to be able to take
those recommendations and build upon them. Chief Hitlery said we can certainly
try to improve the areas in which Murphy, Mayo and Associates, Inc. felt we are
weak.
City Manager O, Scott Miller thanked Mr. Murphy for the time afforded the City
of Boynton Beach. He felt the recommendations of Mr. Murphy and Dr. Mayo were
excellent. He realized the City has to hire more minorities and stated that
there are some excellent suggestions in the report that will assist the City in
accomplishing this task a lot better than it has been in the past. He agreed
that the existing.citizen complaint process needs to be improved to make it more
meaningful to the Department and to the citizens who file the complaints. He
hoped to capitalize on the concept of community policing by training additional
officers in the CPO Program. He stated that the City can certainly set its
sights on attaining the .concept of community based policing that Mr. Murphy
alludes to in the report. He felt emphasis on police officers' recognition and
prestige deserves being explored. He advised that hiring of civilian employees
is a program which Chief Hillery, through the City Manager's Office, has looked
at over the years and felt it should probably be looked at a little more.
Although Murphy, Mayo and Associates, Inc.'s report concludes that discrimina-
tion based on race, religion or sex is neither an entrenched nor widespread
problem, City Manager Miller stated it contains some good, concrete recommenda-
tions upon which his office will be working with Chief Hillery in enhancing and
improving.
PUBLIC AUDIENCE
Max-well Garret of Village Royale on the Green, commended the Mayor and
Commission for having the foresight to have this study done and commended
Mr. iMurphy for an outstanding proposal to the Commission. Mr. Garret read a
6
#~NUTE~ - SPECZAL CZTY COH#~$$[ON NEETZNG
BOYNTON BEACH, FLORIDA
SEPTE#BER 21, 1992
prepared speech regarding the meaning of the swastika. He said that democracy
has not failed. The intelligence and sensitivity of some of the people, espe-
cially some of the so-called legal minds, has failed. He felt good breeding
consists of leaving no particular hated mark, symbol or verbal expression that
will divide or destroy a people, community or country. He stated that there are
no communities, including Boynton Beach, which do not have some notions of
justice beyond their historic laws by which they seek to gauge the justice of
the recent decision in the case of Officer Demarest. He believed further
review is needed.
Louise Shure, the Palm Beach County Regional Director of the Anti-defamations
League (the ADL), thanked the City of Boynton Beach and Mayor Weiner for
starting a process that has let the City, citizens, and police force examine
itself. She also thanked Mr. Murphy for his report. She said she received many
phone calls following the decision of the arbitrator, asking why the police
officer did not understand the meaning of a swastika and why there is such a gap
in Communication. She felt these are questions that the citizens of Palm Beach
County have to ask themselves. She asked Mr. Murphy about the small number of
officers who violated their trust as police officers. She referred to a picture
shown to her of two Boynton Beach police officers dressed in Nazi uniforms for
Halloween, and allegations concerning pictures being displayed around the police
station. She asked what Mr. Murphy recommended in these areas to get at the
problem of those people who do not understand that people who come from many
different cultural backgrounds must work and live together in this community.
In response to Ms. Shure, Mr. Murphy stated that in order to be effective, every
police officer working in the community must make a diligent and professional
effort to understand the people he or she protects and to understand their
history and their culture. The education of police officers has improved in
recent years. Sensitivity training is held, Black history is taught, as well as
the history of the community, state and nation. What occurred demonstrated such
a lack of sensitivity that it makes clear to the Police Department that there is
a need to make every officer understand how important sensitivity is and to
reexamine whether the training and supervision in the Department is adequate to
assure that every officer will not only be trained, but will behave in a sensi-
tive way.
Ms.~Shure added that the ADL, in its study of hate crimes, has been very shocked
to learn of the hate crimes directed against police officers. They too have
been the victims many times because someone hates them only because they are a
police officer and wear a uniform. Ms. Shure stated that the ADL will be glad
to Work with the City on the teaching and understanding of hate crimes and those
who~promote hate crimes.
Eddie Nltchell of 329 N. E. 12th Avenue, said the report sounds great in some
areas. He has always thought that one bad apple can spoil all the apples in the
barrel. This report indicated that some help is needed for a small group in the
Polilce Department. He hopes the Chief and his staff will address this issue
very seriously. He has always been taught that if you let small things con-
N~NUTE$ - SPECZAL CXTY CONI4Z$$ZON #EETZNG
BOYNTON BEACH, FLORZDA
SEPTE#BER 21, 1992
tinue, they will develop into large things. He said there are great similari-
ties between this report and the one released in 1988 concerning the Police
Department, such as the hiring of more Black officers, which has not been done.
He said he has been bringing this issue of hiring more Black officers to the
attention of the Commission, the City Manager and other officials of the City
for months now. He felt if more Black officers were on the force, there would
be a better relationship between the Police Department and the Black community.
He stated that there have been improvements between the P~lice Department and
the Black community in Delray Beach because they have hired a number of Black
officers who can communicate better with Black people than White officers can.
He would like the Commission, the City Manager, the Personnel Department, and
the Chief of Police and his staff to be very committed to getting more
Afro-American officers on the force.
SylVia Wagner of Village Royale on the Green, felt the officer who had the
swastika and Charles Manson's initials tattooed on his ankle knew what he was
doing. She did not feel he should be cleared just because he has been so-called
rehabilitated. She does not believe a person will change if he has a belief so
strong as to have it on his body. She would like this Commission to see that he
is taken off the force and that all the other officers will have the sensitivity
needed to take care of the people in this community.
Mayor Weiner explained to that audience that the Commission has no appeal from
binding arbitration. The arbitrator's decision to reinstate this police officer
is final and there is nothing this Commission can do to remove that officer from
the Police Department.
Lllltan Artl$ of 306 N. W. 1st Avenue, stated that for many years she has heard
thelsame excuse being given as to why minority officers were not hired and that
wasitheir academics and their mentality. She questioned the academics and men-
tality of a young man that did not understand what he had done by putting those
symbols upon his body. She questioned the test that was given to him because
many minority officers have failed that same test. She felt something was wrong
with the test and it should be revised.
Diana Garret of Village Royale on the Green, asked to what length is this
officer allowed to go before he can be dismissed from the police force.
AttOrney Cherof said this question really has no good answer. He felt that this
particular officer went beyond that point; however, an arbitrator felt other-
wise. He was not sure to what limit an officer can go before you have a
situation that is a terminable offense. He said that is an unclear issue of law
right now.
In response to a lady in the audience, City Manager Miller advised that the
arbiitrator was from Sarasota, Florida. He added that unfortnately, when you get
invdlved with binding arbitration, a good percentage of the time the arbitrators
arelnot from the local area, and after hearing the case they go home and leave
us ~o deal with the problem.
8
HIHUTES - SPECIAL CITY COHI4ISSIOH #EETItIG
BOYHTOH BEACH, FLORIDA
SEPTEHBER 21, 1992
At the request of Mayor Weiner, Attorney Cherof explained how the arbitrator was
selected under the collective bargaining agreement that the City has with the
police union.
14~xwell Gaffret felt this particular police officer needs rehabilitation if it
is not possible to remove him from his position, along with some of the other
individuals on the force who have been a problem for Chief Hillery.
Eddle Hltchell pointed out that the report mentions giving some attention to
that section of the Civil Service Rules that deal with the Police Department.
He Said these rules are in the process of being revised and hoped that by
the time they reach the Commission, some of that rigid talk that deals with the
Police Department has been eliminated because the way the book is written now,
everybody from the Deputy Chief down is protected and nobody from the outside
can get in. The only person that can come from outside the Police Department is
the chief. In order to get to another level in the Police Department, the
employee must have worked a certain number of years in the Police Department in
Boynton Beach. This also hinders promotions for many of the employees, espe-
cial!ly minorities. He hoped the Commission will address this section of the
Civil Service Rules as recommendated by Murphy, Mayo and Associates, Inc.
Nathan Allwels$ of Village Royale on the Green, said it bothers him that this
officer had the excuse of being intoxicated at the time and was not aware of
theitattoo being placed on his leg. He said in his very, very few exposures
with police, not in Boynton Beach, he got the aroma of alcohol on their breath.
He Said if there is a problem regarding minority hiring, then there must be a
very strong decision to advertise for capable people. He suggested that after
appliicants undergo the necessary tests, they should be interviewed by the
PerSonnel Manager and one or two lay people who are not salaried. He said there
arelpeople in this City with wisdom enough to help decide whether or not a
particular person is worthy of consideration to be on the Police Department.
Mr. iAllweiss suggested this process be used to hire people of all races and
reli!gions.
Charles Cox of 205 N. E. 3rd Street, asked if standards have to be lowered to
hire new officers, whether Black, White, Chinese, etc., and if the standards are
lowered, if the officers presently on the force will get a raise, since they
woul!d have been hired under higher standards.
Mr. Murphy said it has been clearly demonstrated in hundreds of jurisdictions
across the country that there is a sufficient quantity of Black, Hispanic,
Asian, and women candidates who are qualified for police work; however, the
Federal courts have found repeatedly that the testing procedures in many juris-
dictions included items that were not job related. Therefore, the decisions
that have come down in many of the Federal district courts, ordering changes in
the iselection procedures, have been effective in bringing many minority officers
into police work. Nationally, Black police officers are more than 75% represen-
tati:ve of the Black population in general in the country and they perform with
great distinction. There is no question that there are adequate qualified
9
14~NUTE$ - SPECIAL CZTY CONNI$SION NEETZNG
BOYNTON BEACH, FLORZDA
SEPTE#BER 21, 1992
people who can be hired; however, the screening processes need to be very care-
fully analyzed to make sure they are fair and job related,
Commissioner Aguila inquired about the standardized test that the State of
Florida is developing for entry for police officers in all jurisdictions in the
State. Mr. Murphy was more familiar with a procedure called the Law Enforcement
Candidate Record, which is now being used in New Jersey, Chicago, and dozens of
other police departments across the country. This test was developed under the
sponsorship of the Civil Rights Division of the United States Department of
Justice and as a result of a consent decree with Suffolk County, New York, that
test was first used. A considerable amount of research goes into the use of
the test in every department where it is tried to assure that the officers
selected from it perform satisfactorily. The way the test was formulated was to
have active police supervisors and managers identify the qualities and traits of
successful officers. The Law Enforcement Candidate Record has been very suc-
cessful in reducing the disparate impact in the testing of minority candidates.
It is not a lowering of standards. Other research done twenty years ago in the
Chicago Police Department found that among sergeants evaluated on the basis of
their performance as sergeants, the Black sergeants who averaged the same as the
White sergeants, had scored ten points lower in a written examination. If as a
result of blind evaluation of the performance of these sergeants by lieutenants
and ~captains in the Chicago Police Department, it was then learned that equiva-
lent sergeants had scored ten points differently in a written exam, the fault is
with the written exam, which the Federal courts required many jurisdictions to
change. Mr. Murphy said it is not just the written exam, it is background
investigation, psychological exam, oral examination, etc. Finally, there is a
principle in democratic policing laid down by Sir Robert Peel in 1829 when the
new,police were formed in London. This principle is that the police and the
people must be one. If you want democratic policing, the police must be drawn
from all the people.
L111)tan Artl$ referred to a report regarding Officer Demarest being rehabili-
tated from his alcohol addiction. She said she is the parent of a recovering
drug abuser and during the many years struggling to get her child rehabilitated,
there were many relapses. She, therefore, did not think that thirty days
cons:titutes being cured of drug or alcohol abuse. She felt this officer is now
back) out in a very stressful situation, which makes it harder to be sober and
cured.
Bet~ Cooper of Village Royale on the Green, felt all the officer is getting is
a slap on the wrist and much more action should have been taken.
A geintleman in the audience asked why this police officer cannot be removed.
Atto)rney Cherof explained that under the Civil Service system and the collective
bargaining system that this officer is employed under, he is protected from the
people who sit on the dais and from the citizens as well.
One gentleman who lives in Golfview Harbour suggested finding a way to make sure
this:does not happen again. Attorney Cherof said the elected officials serve
10
NINUTES - SPECIAL CITY COMMISSION NEETING
BOYNTON BEACH, FLORIDA
SEPTE#BER 21, 1992
under the terms of the City's Charter and the City's Charter is the provision
that sets up the Civil Service system and the other systems and empowers them to
legislate with respect to the City. It does not empower them to deal with per-
sonnel events at all. That is the City Manager's responsibility and the respon-
sibility of the administration. The Charter can be changed by amendment, which
can be done by initiative through the citizens or by suggestions from the citi-
zens to the elected body, in which case they can make proposals to change the
Charter. In any event, the Charter gets changed when you vote at a general
election. The gentleman suggested submitting a petition to remove the officer;
however, Attorney Cherof advised that the petition would have absolutely no
affect on the elected body or on the City Manager.
A lady in the audience commented that she has never heard of a one man arbitra-
tion. Attorney Cherof explained that there are many different procedures for
arbiltration. Some require a panel of three, but many require only a panel of
one individual. Under the collective bargaining agreement with the Police
Department, it is a panel of one.
A gentleman who lives in Village Royale on the Green, asked if this policeman
has!to be assigned to deal with the public or can he be assigned to a desk job.
AttOrney Cherof advised that the officer, having been reinstated by the arbitra-
tor,i is now in a position to resume his activity exactly in the manner in which
he had done so before the arbitration had occurred. Therefore, the Police Chief
woulid be powerless to give him a special assignment.
Barbara Cox of 205 N. E. 3rd Street, asked what everybody is really afraid of.
She lsaid this man has not killed, hit or touched anybody.
COMMENTS BY CITY COMMISSION
vice Mayor #arson thanked Mr. Murphy for recapping the report. She indicated
she !received the report but chose not to read it because the Commission
previously decided that the report would be heard by everyone at the same time.
Withl regard to Officer Demarest, she said it is very difficult to get rid of an
undesirable employee because of Civil Service. She said the symbol he put on
his ibody was anti-Semitic and that one would have to had been brought up in a
cave or fallen out of a tree not to know what this symbol means. She felt the
inte)lligence test needs to be reviewed because, in her opinion, Officer
Demairest failed it big time. She said the employees have a Grievance Board, a
Civiil Service Board, and binding arbitration. However, the City Commission's
hand)s are tied and that needs to be looked at.
As f)ar as minority officers are concerned, in April she, Wilfred Hawkins and
Arth)ur Lee met with the National Black Police Officers' Association, who made
seveiral recommendations similar to some of the recommendations of Murphy, Mayo
and Associates, Inc. She is making arrangements to meet with them again and
hoped to have representatives from the City Manager's Office, the Personnel
Depa)rtment, and the Police Department present. She would like to see some of
11
NINUTE$ - SPECIAL CITY CONI4ISSION NEETING
BOYNTON BEACH, FLORIDA
$EPTE#BER 21, 1992
these changes implemented and gave her total commitment to do whatever needs to
be done to alleviate this situation.
Con~l$$1oner H&mentng appreciated the excellent report of Murphy, Mayo and
Associates, Inc. He said their evaluation of the Boynton Beach Police
Department pretty much reflects his own previous thinking regarding the
Department. It was his opinion that the Police Department is an excellent group
of people and they do a very good job; however, there are a few bad apples. He
was in favor of reconstructing some of the Civil Service Rules in such a manner
that it is a little easier to get rid of a bad apple. He felt the Commission
should adopt this report and direct the City Manager to implement those portions
which are most appropriate and practical. He felt top management in the Police
Department should make a greater effort to sensitize their people and to make
them realize that their behavior in public not only reflects adversely on them-
selves and their department, but on the City. He felt that with a little effort
this shortcoming could be strengthened. He was committed to implementing most
of the recommendations in the report and felt the people and this Commission
could be counted on to do what is right and what is in the best interests of all
the people in the City of Boynton Beach.
Comml$$1onerAgulla was totally opposed and disgusted by the result of the
arbitration. He was offended that this officer was rehired and frustrated that
there is nothing he can do about it. With regard to minority hiring, he was one
hundred percent supportive of changing what needs to be changed, posthaste, to
equalize racial imbalance in the Police Department. He agreed that the civilian
complaint system needs improving. He would like to see the community policing
system pursued much faster than it is now being pursued. He felt the problem
rea)ly is in leadership because when he read the arbitration depositions, he
received the impression from statements made by a number of officers and wit-
nesses that they felt it was appropriate to behave the way they were behaving.
He agreed that patrol officers need the proper prestige. He was supportive of
the report, the Police Department and Chief Hillery.
commissioner Walshak felt the leadership quality necessary to solve some of the
problems begins with the City Commission. He said all these recommendations
have been previously made, and some have been made many times before. It felt
it takes a great deal of commitment in dollars from the City Commission to
properly advertise and send personnel to various colleges and military installa-
tions to hire Black officers. He referred to the voluminous report of the
Justice Department in 1988 which contained some of the exact same recommen-
dations. He said to improve the civilian complaint review process would also
require a commitment from this Commission in dollars to give the Chief the
necessary tools to do the job. The idea of hiring civilians in lieu of sworn
offiicers is nothing new. This Commission received a five page report three
months ago from the International Brotherhood of Firemen and Oilers {IBF&O} who
represent the blue collar workers in this City. This five page report specifi-
callly addresses civilian personnel supplementing sworn officers so that the
swoCn officers can go out on the street where they belong. But to do this takes
a cdmmitment from this City Commission to spend money to hire people. With
12
N]:NUTE$ - SPECXAL CZTY CONN]:$S]:ON NEET]:NG
BOYNTON BEACH, FLOR]:DA
SEPTEHBER 21, 1992
regard to the morale of the Police Department, Commissioner Walshak said last
year the cost of living went up 5 1/2%. This year the National Index is around
5%. The Police Department did not receive any raises last year. He was willing
to support all these recommendations and whatever money it takes to implement
these recommendations to get this job accomplished.
Hayor Welner pointed out to the audience that Commissioner Walshak was the only
one on this Commission to vote against the money to do this report.
Mayor Weiner stated there are many fine young men and women in the Boynton Beach
Police Department; however, there are some problems, which Officer Demarest
brought to light. She did not believe there is such a thing as a small amount
of discrimination or prejudice and believes the price of freedom is eternal
vigilance. She stated there are problems with racism, bigotry, and alcoholism
among some police officers, and that the problem of alcoholism in the Police
Department is very serious.
She advised that the City Commission approved a draft that will establish this
City as a drug free workplace. This draft will be turned into an ordinance for
first reading. This means the City will pay to rehabilitate any employee of the
City who has committed an offense because of alcohol, one time and one time
only. The next time they commit an alcohol related offense, they will be term-
inated. Mayor Weiner felt this will help in dealing with this pervasive
problem.
She advised that an ethnic sensitivity training program has been instituted;
however, she felt the City should develop a continuous in-house sensitivity
training program for every emPloyee in the City. She felt nothing does any good
when it is done once and dropped; it has to be reenforced. She said in 1988
when the City had another racial problem, representatives of the Justice
Department met with a task force of citizens in this City and developed a
program to help with the problems the City was having at that time. Out of
that, besides the community police officer program, came community workshops
where the police would meet on a regular basis with the citizens. It gave
people a chance to meet the police and the police to become more familiar with
the problems of the people in the communityJ She would like to see this program
implemented again, citywide.
She~said when she was interviewed by Mr. Murphy, she expressed interest in a
blueprint for improvement. She thinks Mr. Murphy has done just that and that
the City has a beginning of a way to make sure that these terrible things that
have happened will not happen again. She said the people have to make sure it
gets done and that if they relax and do not keep insisting that we be the best
we can be, we are going to have more of this in the future. Mayor Weiner
thanked all for attending and said their interest is what will make the City a
better place to live in.
13
HINUTE$ - SPECIAL CITY CONHISSION HEETING
BOYNTON BEACH, FLORIDA
$EPTE#BER 21, 1992
AD~OURNNENT
There being no further business to come before this Commission, Commissioner
Agui]a moved to adjourn. Vice Mayor Matson seconded the motion which carried
5-0. The meeting properly adjourned at 8:53 P. M.
THE CITY OF BOYNTON BEACH
ATTEST:
Ci ty~XC 1 erk
Recording Secretary
(Two Tapes)
Mayor
.Commissioner
14