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Minutes 06-11-92HINUTES OF THE SPECIAL CITY COHHIS$ION HEETING HELD IN CONHI$SION CHAHBER$, CITY HALL, BOYNTOH BEACH, FLORIDA, ON THURSDAY, JUNE 11, 1992 AT 7:00 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 I, CITY POLICE DEPARTHEHT A, Opening Remarks - #ayor Arline Wether Mayor Weiner called the meeting to order at 7:05 p.m. Mayor Weiner explained the procedures to be followed during the meeting. This special meeting is being conducted because of recent allegations and disturbing publicity regarding the Police Department. Mayor Weiner referred to a recent photograph which appeared in the newspapers depicting two Police Officers dressed in Nazi uniforms. Upon seeing the photo, Mayor Weiner stated she felt as though she had entered some kind of twilight zone. During the week which followed, many residents contacted her expressing their concern. While Mayor Weiner understood the context in which the photo was produced and other charges of alcholism and racism were made, no one thought to stop the two Officers from being photographed. It is Mayor Weiner's opinion that the public and the City Commission are entitled to more information than was reported by the media about the Police Department and the allegations made by the defense with regard to the firing of an Officer who obtained a swastika tattOo. Mayor Weiner asked the City Commissioners to consider authorizing an external, independent investigation of the Police Department to determine if there is widespread discrimination and insensitivy or whether the incidents were isolated and blown out of proportion as an act of desperation. Regardless of the out- come, Mayor Weiner feels such an investigation would be the beginning of a healing process which will restore trust in the Police Department and the Department's-pride in itself. B, Explanation of the Arbitration Process 1, Clty Hanager J, Scott Hiller Mr. Miller stated that the explanation of the arbitration process would be pro- vided by Attorney Cherof. Mr. Miller is disturbed about the recent allegations made about the Police Department. He welcomes an outside investigation. With regard to incidents which have occurred during the past few months, the City needs to move forward with a positive approach by means of cultural diversity training. Mr. Miller announced that the City has been working with Bill Grailick and others. Mr. Miller suggested that the City begin working with the Police Department as well as the other remaining City departments. The City must adopt stronger rules and regulations regarding the prohibition of discrimination and prejudice in the - 1 - #INUTE$ - SPECIAL CITY C014t4I$$ION NEE'rING BOYNTON BEACH, FLORIDA JUNE 11, 1992 workplace. He wants the rules and regulations to be specific and comprehensive. The Personnel Department has been directed to work on these rules and regula- tions. The Police Department has had a policy in their rules and regulations since 1987 and they were enhanced in April of 1992. Mr. Miller further pointed out that it is necessary for staff to move ahead in developing a pool of African American candidates for positions within the Police Department and other departments. That process has begun. 2, Cl~Attorne~ Jim Cherof Attorney Cherof stressed the importance of understanding the process the City has gone through recently. An arbitration hearing was conducted which lasted two days. Most of the information provided to the public was from the media, City Manager Miller, Police Chief Hillery or himself. The arbitration process is a right guaranteed to City employees. The Police are guaranteed that right under their collective bargaining agreement. The Officer has a right to a hearing before the Civil Service Board or to insist on an inde- pendent arbitrator. An independent arbitrator was the process used in the recent case. The attorney for the Police Officer and Mr. Cherof agreed upon that independent arbitrator. He sat as a judge. The proceedings are as formal as court proceedings. He explained that similar to a trial, defenses are developed and asserted with respect to the action which is trying to be set aside. In this case, the action was the termination of a Police Officer, which the City felt was for just and rightful cause. Mr. Cherof explained that defenses are not evidence. Many allegations were brought forward which were not evidence and questions were asked which were not evidence. The documents given to the arbitrator are the evidence. Mr. Cherof offered the photo of the two Officers dressed in Nazi costumes as an example. The attorney for the Union asked one of the City wit- nesses whether or not that photo was seen hanging in an office in the Police Department. The answer, and the record will demonstrate, is that there was no knowledge whatsoever of that photo ever hanging anywhere. It was a small photo which was maintained in a drawer. The information provided to the public was that the photo was hanging on the wall. Mr. Cherof assured all that no one testified that the photo was seen hanging on the wall anywhere in the City. He pointed out that this is an example of how a little bit of information can result in misinformation. The arbitration proceeding is ongoing and the City and Union have not as yet submitted briefs to the arbitrator. A transcript has been ordered and will be ready within ten (10) days to two (2') weeks. Attorney Cherof encouraged reviewing the facts of the case when the transcript arrives. The testimony was conducted under oath. There has been a great deal of discussion regarding the proper procedure from this point forward with respect to information which filtered out of the pro- ceedings. Since the arbitration proceeding is ongoing, the employee who was terminated has rights under the proceeding just as the City has rights. Attorney Cherof believes a ruling will be forthcoming from the arbitrator within the first two weeks of September. The arbitrator is an independent examiner. The Union had many weeks to prepare a defense and Mr. Cherof feels that had there been any other information regarding racism, antiSemitism or wrongdoing, -2- MINUTES - SPECIAL CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA ~UNE 11, 1992 it would have been testified to by witnesses. Attorney Cherof pointed out that there were two or three instances testified to by witnesses whose character should be judged when the transcripts are provided. The arbitrator will base his decision on the evidence of record and the arguments and summation of the attorneys. Attorney Cherof feels the arbitrator should be given the opportunity to fulfill his responsibility under the terms of the collective bargaining agreement to render his opinion. Because the Union raised as a defense action conducted by administration of the Police Department and indirectly by City administration, the arbitrator must dispose of the case on that basis. He must specifically address the defenses dealing with the photo and the suggestion of racial or antiSemitic jokes and comments. Attorney Cherof recommended the following: To await the preparation and availability of the transcript so that the Commission can read word for word what occurred during the pro- ceeding to see the development of the defense as an opportunity to rehire the Officer and the City's response. It would be appropriate to permit the arbitrator to examine the same evidence and make a finding of fact and a recommendation of disposi- tion of this proceeding. If the arbitrator does dispose of this based on the defenses mentioned in the newspapers, the Commission will then have a opportunity to respond. If the arbitrator deter- mines the incidents were not isolated, but examples of an attitude, philosophy or accepted policy or practice of the City, the Commission will be able to dispose of that and have an appropriate action to remedy the situation. If the arbitrator determines the instances were nothing more than an aggressive and ill-founded defense, then the Commission could rest comfortably that. the City as a whole is worthy of the respect of the community, and although eva- luation may be required from time to time, an investigation would not be necessary. C, Pollce Chief Edward Htller~ Chief Hillery stated the Police Department is not a racist department. He welcomes an investigation by anyone chosen by the City Commission. He is com- fortable and secure that when the investigation is completed, confidence will be restored. The Police Department has been on the leading edge of many issues. They developed policies and procedures regarding harrassment in the workplace long before other police departments and many private companies. He pointed out that in any organization, where there are multicultured people being policed, and where there are multicultured people in the Department, there will be dif- ferences of opinion, and development of humor, but that does not mean that racial slurs of any kind are correct. Chief Hillery moved forward in the termination of the Police Officer because he does not believe in bigotry, racism or harrassment. He knew the defense mounted against the Department would be mudslinging. He stated that regardless of what defenses might be mounted in future cases where discipline is brought forth, it will not deter him from doing the right thing. -3- NINUTES - SPECIAL CITY COMMISSION NEETING BOYNTON BEACH, FLORIDA JUNE 11, 1992 O. Publlc Audtence Reverend Henry Ackerman of 1004 SW 16th Street, is the pastor of the Boynton Beach Congregational Church. He has served as the Vice President of the Community Caring Center. He explained that he has been appalled by what appears to be blatant and clear expressions of racism and antiSemitism within the Police Department. He has heard many remarks that something should be done quickly. He pointed out that while this has been happening, other members of the Department have been acting in a positive manner within the community. Police Officers work with children, and have repaired the fire damage at the "Homeless No More" shelter which shows their concern for both young and old in the com- munity. Are the unusual behaviors and drunkeness of some officers deviations from the norm or evidence of serious problems within the Department? Are there institutional problems which have not been properly dealt with? An answer is necessary and will be found if the City is honest and thorough. He suggested a thorough investigation of the Department by an outside non-police review board. No matter how thorough an internal investigation, it would lead to charges of whitewash. Reverend Ackerman further explained that after working twenty-six years~as.a chaplain with military personnel in high stress situations, he feels that the actilons of the Police are caused by stressful duty situations. Counseling and sensitivity training are avenues which should be made available on an ongoing basis. Louise Schurr, Palm Beach County Regional Director of the Anti-Defamation League, has been monitoring racism, antiSemitism and extremism for ten years. Shewas contacted to speak at the hearing because she applauded Chief Hillery's swift action in removing the Officer who chose to have a swastika tattoo. Ms. SchUrr stated that a swastika means death to Jews. She further stated that the Officer chose to add "CM 92" to the tattoo. That "CM 92" stands for Charles Manson, 1992. Charles Manson has a swastika on his forehead and stated at a court hearing that Adolf Hitler was his idol. She feels this was a horrendous hero for the Police Officer. Ms. Schurr supports the Mayor's call for an investigation. The Anti-Defamation League is aware of cultural diversity problems in the workplace. They have worked to develop training programs for schools, workplaces and law enforcement organizations. The Anti-Defamation League applauds the work being undertaken by the Mayor, the City Commission and the)Police Chief. She offered the assistance of the Anti-Defamation League to help rebuild trust in the Police Department and community. Andrew Luchey, 722 W, Ocean Drive, and Chairperson of the Community Relations Board, announced that the Board unanimously voted to present its position to the~Commission. They recommended training and educating officers of the impor- tance of valuing diversity in the workplace, conducting an independent study of management practices and continuing to recruit minority officers. {A copy of Mr.;Luchey's statement is attached to the original copy of these minutes on file in the City Clerk's Office.} Mr. Luchey pointed out that one of the previous speakers asked how many African American Police Officers are on the force. He researched this subject with the Personnel Department and found that there are 125,sworn officers on the force and only 14% are minorities and three {3) are Black. A continued effort is necessary to change things in the City. -4- HZNUTE$ - SPECIAL CITY COHHI$SION HEETZNG. BOYHTOH BEACH, FLORIDA JUNE 11, 1992 Btll Gralllck~ Southeast Regional Director of the American Jewish prior work experience and how it brought about his employment asa Deputy Director of the area's Anti-Poverty agency. He was the only Nhite administrator in an all Black program. He learned that everyone is prejudiced to some degree, but progress lies in recognizing the prejudices and dealing with them. This is the message he wanted to spread this evening. He pointed out that in Florida, 50% of all police departments have no psychological evaluations for entering personnel. Nhen an officer deals with life and bureaucracy in a way no one else does, prejudices will be expressed. He further pointed out that Boynton Beach competes with larger cities and larger departments which pay larger salaries. He asked the Commissioners not to blame themselves or the Police Department, but pointed out that the responsibility of the Commission is to take the first step in helping to resolve the problems. Discussions have already begun with area Police Departments to permit diversity training. Mr. Grailick will meet with the City Manager to discuss instituting diversity training throughout other departments within the City. He stated that racism and bigotry are a virus that will always be with us. Training will heighten awareness, but will not eradi- cate prejudice. It is the responsibility of the City and the Police Department to more closely screen those who are hired. All City personnel must qualify with their hearts and minds. The American Jewish Committee is committed to setting up a training program free of charge to the City. M$,:Knott$ of 3220 East Atlantic Drive, has been a resident for ten years. She feels the Police Officers should be role models for the citizens and racism does not belong in Boynton Beach. She does not believe taxpayers' money should be used to pay the salaries of racist employees. She recommended tax dollars be used to set up programs on race relations and personnel actions. She further suggested that Sanitation personnel be promoted since the same gentleman has been picking up her garbage for ten years. She requested an appointment with the City Manager to discuss the Library. She stated Afro-Americans deserve a decent living. Ralph Marchese~ 1901RomaWay, explained that Chief Hillery took decisive action. The Police Officer who stepped out of line was fired. He asked the Commissioners to uphold the firing. He stated that Boynton Beach's Police Department is a good one. The monitoring of that Department is the respon- sibility of the Chief, and the City Manager should make certain that job is done. During his residency and service to Boynton Beach, he has never experienced any abuse by the Police; however, if it exists, "nail it to the cross". There are many good Police Officers serving the City and it is a shame that some people took this opportunity to "raise Cain". Most of the allegations are unfounded. A strong Police Department is necessary and he respects the Department we have. He asked the Commission not to let emotion get the better part of their judgment. ~ Mttchell~ 329 NE 12th Avenue~ stated he was not surprised by what has hap- pen6d in the Police ~-~p2r-'{~ent. He has suspected this behavior has been going on for a long time. He has gotten lip service from those in decision-making positions and feels those people would have deceived the elected officials if it had)been possible. He feels that administrators within the Police Department have led everyone to believe they are doing everything possible to bring the Department up to par. 20% of the City's population is African American. There -5- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 11, 1992 are 125 sworn officers and only three (3) are African American. This is only 2.4% of the force. The Fire Department is 4% African American. He suggested there should be twenty-two (22) additional Black officers or at least thirteen (13) Black officers. Six (6) officers were hired and not one was African American. Mr. Mitchell quoted from a Palm Beach Post article of June 8th. He referred to the expressions of "TND" and "chimps" as quoted in the newspapers and stated he is not a product of the monkey family. He suggested that an external investigation be conducted so that it will be more honest and conclu- sive. He further suggested the City Con~nission and the City Manager's Office take a strong stand against racial and religious bigotry, discrimination and hate language in all City departments since the Police Department is not alone in these actions. If anyone fails to follow the policy, then that person's position with the City should be in jeopardy. The citizens deserve more than this type of behavior from the Police Department. Arthur Marks, 2520 NE 1st Court~ spoke about the growth of antiSemitism throughout the world. He feels it is unbelievable that something like this is happening. He appealed to his neighbors at Village Royale on the Green who are not members of the Haifa unit to help fight antiSemitism and urged them to attend the Haifa meetings on the fourth Sunday of every month at the Royal Palm Clubhouse. Reverend Douglas Oavls~ of 301 NE 13th Avenue~ has been a resident for fifty-two {52} years. He is concerned wi~-~ this recent situation. He was a former Police Officer and stated things like this did not go on. There were good and bad times. Police work is difficult. He does not believe Blacks cannot be found to become officers on the force. He pointed out that he knows of some men who left the City three weeks ago and passed the test in West Palm Beach with a 97.3. Upon questioning, they stated there is racism in the Police Department. He suggested weighing all of the evidence and not doing anything harsh. He stated the relationship between Black Officers and the Black com~nunity is not good. The Officers have a good relationship with the small children because they play basketball with them. He suggested investigating the allegations. Paul Slavin~ 2520 NE 1st Court~ has been a resident for twelve years. He reported that in December of 1991, he spoke with Captain Dixon of the Police Department about an RSVP Program. Mr. Slavin was recruited and became a volunteer worker in the Police Department. He has been volunteering approxima- tely twelve hours each week for the last six months. He has worked throughout the Police Department. He has been in Chief Hillery's Office and Deputy Chief DeLoach's Office and has never seen the photo mentioned hanging on any wall in the Department. If he had seen it, he would have "blown his stack". In discussions with Chief Hillery, he stated he would like more minorities on the force but they do not come forth. Hebrews are also a minority within the Police Department. Mr. Slavin has not seen racism or antiSemitism anywhere within the Police Department. He pointed out that the City has a live ember and it is time to put it out. He asked that the Police Department be kept #1. Llnda Burk~ President-elect of MADD of Palm Beach County, addressed her concerns regarding the present situation. ~he explained that Joanne Kramer, Executive Director of MADD, has had a close relationship with the Police Department. Many -6- NINUTE$ - $PECZAL CZTY CONHZSSZON NEETING BOYNTON BEACH, FLORIDA JUNE 11, 1992 Officers within the Police Department are highly respected; however, she has received many calls from irate citizens regarding specific incidents involVing the Police Department in the line of duty. These concerns involve DUI enforce- ment, alcohol abuse and alleged alcohol abuse. MADD's mission is to stop drunk driving. She questioned whether or not it was true that Officers are directed not to arrest drunk drivers because of the time involved and because of paper- work. She further questioned whether or not it was true Officers are drinking in the parking lot when they are off duty. Ms. Burk reported on an incident which occurred at T. G. I. Friday's on a Friday evening at 9:30 p.m. In response to her call, a Police Officer responded but the driver was permitted to leave. The car had barely gotten onto Congress Avenue, when it almost hit an elderly lady. Ms. Burk called the Police Department for an explanation of that incident, but has not as yet received a response. Ms. Burk stated that if a problem with alcohol exists in the Department, it should be corrected as quickly as possible. The next countywide DUI Task Force Checkpoint is scheduled in Boynton Beach. This can be an opportunity to make a positive statement about the !Police Department in Boynton Beach. She applauded the efforts of Tony, Gary, Scott, Eric, and Rob who followed through on a mugging case at Publix. MADD wants to stop senseless death and injuries caused by drunk drivers. ~ 14ar~tha Nadeu$~ 418 NW 4th Avenue~ said Boynton Beach has good Police Officers. The COPs are frie-'n-~s Tn' ~e Community. However, not all of the Officers are good. When the Officers go out on patrol, Chief Hillery has little knowledge of what they are doing. There may be racism in the Department. She applauds an external investigation. She reported on a recent arrest where the person arrested was hit by an Officer while he was handcuffed. That person had to be brought to the hospital. That kind of behavior is uncalled for. It is impor- tanti to improve the environment within the Police Department so that Black offi- cers:will stay with the job. She suggested weeding out the few Officers causing the iproblems. She does not believe sensitivity programs will help those who have had racism instilled in them. Those people will have to be fired. 5ol Stlverman~ 301 Ocean Bluffs Boulevard~ Juptter, F,lor!da~ is a member of B'na!i B'rith and he and his wife are members of the NAACP. He reported a story regarding the first ship flying the swastika. He was fifteen years old. He went: to the dock with a group of people, tore down the swastika and threw it in the Hudson River. Thirty years later, he was a speaker at a rally with Reverend Martlin Luther King where they supported the striking sanitation workers. They shared the platform. Further, he was a traveling companion and confidant to Reveirend Martin Luther King. He is concerned because it took the incident with a young Police Officer to bring this incident to the forefront. He stated that permitting the use of expressions such as "TND" encouraged the Officer to get the Swastika tattoo as a means of acceptance by his peers. He wondered if the Officer had not gotten the tattoo, would the conduct have been acceptable. He pointed out that when the Officer realized the gravity of the situation, he had the tattoo removed and apologized publicly. He realized he had made a mistake. Mr. Silverman feels there is a problem in the Police Department from the top down. He urged an independent investigation regarding the hiring practices and the Conduct permitted in the Police Department. He suggested the question to be answered is whether or not there is racism and chauvinism which must be dealt with' -7- HINUTES - SPECIAL CITY COHMISSION #EETING BOYNTON BEACH, FLORIDA JUNE 11, 1992 Wilbur Coop~ Jr,~ of Madison, Florida~ explained that many of the cities throughout the country are having the same problems. He feels changes are necessary. He pointed out that God created all men equal. He stated you cannot go to heaven if you don't love everybody. Ltlllan Artls~ 396 NW 1st Avenue~ said that employees must have respect or they do not belong in the position paid for by taxpayers' money. She feels the Officers who dressed like Nazis showed gross disrespect for their employers. seemed that the administrators condoned their actions and accepted their beha- vior. She welcomes an outside investigation and cultural awareness programs. Coming into the office is public behavior. She pointed out that if the employees cannot have their actions scrutinized by the public, they do not belong in City employment. Several people who have left City employment have told Mrs. Artis that they were hired because percentages had to be met, but they were never accepted as equal employees on the force. Ron Washum~ 112 South Atlantic Drive, has' lived in Boynton Beach for thirty years and this is not a new issue. There is a problem which must be addressed. The North Boynton Task Force has asked ghat these issues be addressed. The per- centage of Black Officers on the force is too low. The Chief welcomes an investigation and that is a way to resolve the issue. Jerr2 Zlmand~ panq)shire Lane~ Bo2nton Beach~ is an ex-POW from World War II. He was in Stalag 9B, 9C and Buchenwald. He will be attending an ex-POW convention at the end of August and is ashamed that this situation might have appeared nationally on television and in the press. Elizabeth Jenkins, 77 NW Zst Street~ has spoken with Chief Hillery many times. She pointed out that anyone can say a department is not prejudiced, but it is another thing to show people that the department is not prejudiced. She reported on instances of harrassment and stated she has witnesses within the department who can testify to that harrassment. She was followed to her home and harrassed in her yard. She thought it strange that this information leaked out. She feels there needs to be an investigation and complimented Mayor Weiner on her efforts. It is important to have confidence in the Police Department. She appreciates the work of the CPOs. They are doing a good job with the children of the community. She requested the Commission go forth with an exter- nal investigation. She stated this could be done for free through the Justice Department. Jeff Whiggam, Vice President of the local branch of the NAACP~ spoke on behalf of' the President of the NAACP-~n~ 'the local branch. Their stand has been made clear regarding the Police Department. Change is necessary. They support an external investigation to clear up this matter. After such an investigation, the Police Department can be dealt with. They are requesting that everyone begin working collectively to clean up the City's image. Verna Cook is President of the Palm Beach Count2 Guardians, w.h!ch l__~s a Chapter of the National Black Police Association. The National Board of Directors of this organization came to Boynton Beach in April to offer their help in getting more minority officers on the Police force. She offered the help of the National Black Police Association free of charge. The Justice Department will -8- H~NUTE$ - SPECIAL C~TY CONH~$$~ON #EET~HG BOYNTON BEACH, FLORIDA OUNE 11, 1992 be going to Delray Beach in July to provide training for police officers. Mayor Matson has the telephone numbers for the national headquarters in Washington and the local offices. Vice William Knowles~ favors the recommendation for an external investigation of the Police Department and offered support to help make Boynton Beach and surrounding cities a better place to live and work. Arlena Pugh, 538 NW 12th Avenue, said she has seen so much racism and harrassment in Boynton Beach. Most of our Police Officers are good. She stated that she has seen handcuffed people being beaten. She has kept many of these things to herself because she was afraid of repercussions if she confided in anyone. She spoke about foul language used by Officers on her property when the Police were chasing a suspect. She complained to Police superiors and received an apology for the behavior of the Officer. She stated that the bad weeds must be removed. E, Commission Discussion Vice M~or Lynne Mat$on Vice Mayor Matson agreed with Mr. Silverman's remarks regarding the Officer's case. It is not the Commission's responsibility to decide on that case. It is her opinion that everyone should be aware of what the swastika stands for. The swastika is not a symbol against Judaism only. It is a symbol mocking the core of all humanity. Many ethnic groups and religions were persecuted under that symbol. Vice Mayor Matson did a demographic study of the surrounding cities and was con- cerned upon learning that with a 20% Black population, there are only three Black Officers on the force. Arrangements were made for a meeting with repre- sentatives of the National Black Police Association. During those meetings, they promised that the Justice Department would train Black recruits free of charge. They promised to recruit Black candidates free of charge by advertising in their magazine. Vice Mayor Matson was disappointed when learning that of the six .new Police recruits hired recently, none were Black. She is not aware how or why this happened but doesn't want this to happen again. She feels racism and prejudice are like cancer cells. If not treated, they will grow and destroy the good cells. Vice Mayor Matson stated there are wonderful Poliice Officers in Boynton Beach. The CPOs have worked hard to chase away crack dealers in the Ridgewood Hills section of the City. The D.A.R.E. Officers, the Offilcers involved in the Explorer Program and those who spoke against fellow officers regarding the subject incidents are the true heros. The incidents have cast a dark shadow over the Police Department and something must be done to restore confidence. Patrick Murphy spoke with Vice Mayor Matson on Tuesday. He was a Police Commissioner in New York and he provided the consultation and performed the invelstigation in the Jewitt case. Vice Mayor Matson will provide the City Manaiger with his phone number. Mr. Murphy is willing to work with us during the investigation. Mr. Murphy further advised that the Justice Department and/or the !FBI will investigate free of charge if no money is available. She urged the othelr members of the City Commission to support the investigation. She does not feel~ the investigation should be delayed until the arbitration case is decided. It i!s her opinion that the majority of the Police Officers have the good and the -9- HINUTES - SPECIAL CITY COMMISSION HEETING BOYNTOM BEACH, FLORIDA JUNE 11, 1992 welfare of the City in their hearts and feels it is unfair for them to have to live with these accusations. Commissioner Edwar~ Harmenln9 Commissioner Harmening feels the Commission should delay making a decision until the transcript is received. That transcript will provide a clear picture of what actually transpired during the hearing. He feels many of the charges reported in the newspapers were untrue. Commissioner Harmening feels Boynton Beach has a very good Police Department. He further feels more minority repre- sentation is needed in the Department and the Commission should work to make that happen. Commissioner Harmening is unhappy with the fact that the image of Boynton Beach has been dragged through the mud by the media. He does not believe there is any truth to most of the printed allegations. He felt the Police Chief took care of his responsibility when he fired the Officer with the swastika tattoo. In an attempt to get the Officer reinstated, the defense began slinging mud. Commissioner Harmening is not opposed to an external investiga- tion, but feels the transcript should be reviewed before commencement of such an investigation. Commissioner Jose Agulla Commissioner Aguila pointed out that this situation is occurring all over the world. It is totally unacceptable behavior on behalf of the entire human race. In his opinion, Boynton Beach's Police Department is a fine organization with good officers who take their responsibilities seriously. They have a commitment to the community which should be commended more often. However, there can be a few bad "eggs" and a few problems. It is difficult to turn off certain behavior which was learned as a child just because we come to work. However, when serving the citizens, a high standard of behavior is required. Commissioner Aguila feels much more should be done to improve this situation and he is not concerned about the expense. He welcomes an investigation of the general attitude and behavior patterns in the Police Department. This has nothing to do with the recent tattoo case. The arbitration and legal proceedings will take care of that case. Commissioner Aguila feels there is a problem because of the fact that Officers felt comfortable walking into the job in the Nazii uniforms. That proves the leadership has not been clear enough regarding acceiptable behavior. The Officers need to be made aware that such behavior is unacceptable and if they chance doing something like that, they will be fired. Commissioner Aguila is looking forward to reading the transcript and does not belileve it will be as explosive as the media has suggested. He said one of the papers stated "bigotry meeting" tonight and explained that the press is part of the problem and should be part of the solution. This should be a team effort. Commissioner Robert Walshak Commissioner Walshak spoke about the opportunity which is available at this point to formulate solutions to some of the problems of racism, bigotry and sexual harrassment throughout the City. He pointed out that the picture of the two !Officers in Nazi uniforms speaks for itself. No investigation of that - 10 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 11, 1992 situation is necessary. A picture has been circulated of a Black suspect with the question, "...is this so and so, or is this a chimp?" That speaks for itself. Commissioner Walshak spends a great deal of time in City Departments. He has seen a photo of A1 Capone with a smoking gun in his hand containing a caption which states, "Italians know how to cure problems". He feels this is offensive to many Italian people. Other areas of the City have calendars depicting naked or almost naked women and he wonders if this is bothersome for them. Commissioner Walshak feels this problem is citywide and feels the City Commission must do something about it. Direction must be given to the City Manager regarding a policy for all departments. He feels this is an excellent opportunity to put positive programs on the agenda. He suggested the creation of a manual for all employees listing acceptable codes of conduct. He further suggested that the Public Information Officer include reminders in the employee newsletter. Notices could be put on the bottom of checks. Employees should be reminded that the City Commission will not accept certain behavior. The City Commission must come up with solutions to the problems. He suggested future workshops and special meetings to set the policy for the City. Commissioner Walshak further pointed out that the City Commission did not send a good message to the minority residents when it refused to demolish the old sewage treatment plant. Commissioner Walshak feels the Commission should maintain a cool as far as the investigation is concerned. It is his opinion that the Commission should wait for the outcome of the hearing when an opportunity will be provided for everyone to read the transcripts. After reviewing the transcript, he w~ll support an external investigation. At this point, the City Commission may be premature. He feels the problems should be addressed through policies and good examples to the community. Nayor Arltne Welner MayOr Weiner repeated a quote she heard many years ago. She believed a Catholic prielst, when faced with the horrors of the Holocaust and wondered what to do, said, "If not me, who and if not now, when? Mayor Weiner feels that way now. It lis her opinion that this meeting is a beginning of who and when. She is opposed to waiting three months to go forward. While waiting for the transcript, other things can be done. Mayor Weiner asked the City Commission for direction and a consensus to the City Manalger to move forward on finding the agency or the people necessary to conduct an independent investigation of pervasive attitudes, if they exist, in the Poll)ce Department and throughout the City. That will be the start of ending racial slurs and bigoted attitudes. Motl!on vicE Mayor Matson moved that as soon as the transcript is received, we move as expeditiously as possible in finding an outside investigator to investigate what appeiars to be a problem in our Police Department. She further moved that this occur as soon as possible. Commissioner Aguila seconded the motion. - 11 - MINUTES - SPECIAL CITY COI44ISSION MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1992 Commissioner Walshak asked for clarification on whether or not the Commission will read the transcripts to find out if the allegations made in the newspapers are justifiable and then decide at another City Commission meeting whether or not to go to an outside investigator. Commissioner Aguila clarified that the motion was to get the transcript, eva- luate it and proceed with an investigation. In Commissioner Aguila's opinion, one thing has nothing to do with the other. He does not support waiting for the transcript for that reason and asked the maker of the motion if she would amend her motion. Vice Mayor Matson was agreeable to the amendment not to wait for the transcript and Commissioner Aguila seconded that amendment. Commissioner Walshak asked if there was direction on the motion. Mayor Weiner advised that the City Manager will proceed with gathering information on who can conduct an independent investigation into the attitudes of the Police Depart- ment. The City Manager will report back to the City Commission. The motion carried 5-0. II, Consider request from the Palm Beach County Property Appraiser to move up the calendar of certification by one week If this request is approved by the City Commission, the budget workshops, which are currently scheduled for July 27th, July 28th and July 29th, will have to be rescheduled for one week earlier. City Manager Miller does not believe the Property Appraiser will get that much done by moving the calendar up one week. Commissioner Aguila asked for an explanation of why they feel it would be advan- tageous to move up the calendar. Commissioner Harmening stated that they feel the Tax Adjustment Board can get to work a week earlier and there won't be much chance of deviation in the certification. If there is deviation, it won't be more than 1%. City Manager Miller is against this because of its timing. Carrie Parker reported that in discussions with Delray Beach and Lake Worth, it was learned that they are both going to reject this proposal. If one objection is received, the proposal cannot go forth. Motion Commissioner Walshak moved that we deny the request from the Palm Beach County Property Appraiser to move up the calendar of certification by one week. Vice Mayor Matson seconded the motion which carried 5-0. ADJOURNMENT There being no further business, Commissioner Aguila moved to adjourn the meeting at 9:25 p.m. Vice Mayor Matson seconded the motion which carried 5-0. - 12 - MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA QUNE 11, 1992 ATTEST: Oi t~/ C1 erk o~rd~ ng Secretary (Three Tapes) THE CITY OF BOYNTON BEACH Mayor /Vice Mayor Con~nissioner -~~~er - 13 - MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Commission Community Relations Board June 11, 1992 Police Personnel Insensitive Actions In light of the recent negative publicity surrounding the Police Department, we strongly suggest an independent investigation into the recent insensitive aCts which have triggered this turmoil. Furthermore, we feel that opportunities exist for the Police Department to enhance it sensitivity to the diverse cultures which shape the corridors of this community. We therefore recommend to the Department the following: * Train and educate officers of the importance of valuing diversity in the workplace · Conduct an independent study of management practices. * Continue to recruit minority officers The Police Department should be committee to maintaining a work environment which provides an opportunity to qualified individuals, regardless of race, color, religion, marital status, national origin, age, sex or handicap.