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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