HomeMy Public PortalAbout1994-02-24 AttorneyClient Robinson-CASE-93-1192-CIV-ATKINSBAL HARBOUR VILLAGE
SPECIAL MEETING
FEBRUARY 24, 1994
1:40 A.M.
655 - 96th Street
Bal Harbour, Florida
Re: CASE #93-1192-CIV-ATKINS
Robinson v. Village of Bal Harbour
PERSONAL TOUCH REPORTING, INC. ( 305) 944-9884
MAYOR ESTELLE SPIEGEL
COUNCILMAN JAMES E. BOGGESS
COUNCILMAN ANDREW R. HIRSCHL
CAROLE SBEROUSE MORRIS, VILLAGE MANAGER
GILBERTO PASTORIZA, ESQ., VILLAGE DEPUTY ATTORNEY
JEANETTE HORTON, VILLAGE CLERK
JOHN HAMILTON, ESQ.
WICKER, SMITH, TUTAN, O'HARE,
McCOY, GRAHAM & LANE
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THEREUPON, THE FOLLOWING PROCEEDINGS WERE HAD:
MAYOR SPIEGEL: We are going to
call this special meeting to order
today.
This is an Executive Session.
May we have a role call, please?
MS. HORTON: Mayor Spiegel?
MAYOR SPIEGEL: Here.
MS. HORTON: Dr. Birschl?
COUNCILMAN HIRSCHL: Here.
MS. BORTON: Mr. Boggess?
COUNCILMAN BOGGESS: Here.
MS. HORTON: Assistant Mayor Blank
and Councilman Taplin are absent.
MAYOR SPIEGEL: We are going to
start our Executive Session meeting, and
I believe at this time, we will excuse
you, Jeanette.
MS. HORTON: Yes.
MAYOR SPIEGEL: Thank you very
much.
We will call you back as soon as we
are through.
MS. HORTON: Thank you.
(Thereupon, Ms. Horton left the
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room.)
MR. PASTORIZA: Mayor, just before
we started, I wanted to remind you that
even though this is a closed session,
that eventually this will become a
public record somewhere down the road,
whenever this case gets settled.
So keep that in mind as you make
your comments and say whatever you need
to say.
Also, I would remind you that we
are limited to discussing this case and
this case only in this session.
MAYOR SPIEGEL: All right.
COUNCILMAN HIRSCHL: Thank you.
MR. HAMILTON: Briefly for the
record, John Hamilton.
I am an attorney who is actively
defending the Robinson case, which is
now set for trial beginning the two-week
period the 28th of this month.
I have a calendar call with Judge
Atkins at 1:45 on this case, where I
will have a better idea of exactly when
we will start, should we go to trial on
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this matter.
I don't have much to add to what I
said before -- I believe all of you were
here when I was here -- other than to
say that if this case is going to be
negotiated and if the Village is going
to contribute, now is the time to make
the decision so that I can begin a
negotiating process with the Plaintiff's
attorney.
I don't see the case has gotten any
better or worse from the last time that
I talked to you.
Therefore, what I said before
basically stands -- unless you want me
to refresh your recollection.
COUNCILMAN HIRSCHL: Not necessary
for me.
COUNCILMAN BOGGESS: No.
MAYOR SPIEGEL: It is difficult,
really, to express what I feel about
this, with what you have advised us of.
I don't know the ramifications of
the settlement or going to trial.
MR. HAMILTON: Well, going to trial
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is going to trial.
The issues that Pam has raised with
respect to her claim that the Chief's
decision was motivated, in part, by her
gender -- and evidence of that are the
personnel records that she will put
forth with regards to the qualifications
of the two officers that were
selected -- as opposed to her
qualifications and of course, the
actual negative impact of some of the
materials that are available concerning
disciplinary actions taken against them
as contrasted with the lack of
disciplinary actions -- with the
exception of one minor one taken against
her -- she is going to say supports her
claim that there was, at least as part
of the motivation for her being jumped
over from the person who scored second
highest on the test to the one who
scored third highest on the test.
She is going to use the incidents
that she d~scribed and I have previously
described to you concerning being
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embarrassed by an officer saying she
cried at the scene of a crime, where she
was pushed aside at the scene of a
crime; officers who said, "It must be
her time of the month," and an inquiry
by the Chief into a gynecological
procedure that was performed on her, and
Officer Merrill -- now Sergeant
Merrill -- who inquired about a
procedure that was going to be done on
her and then explained it to her that
had at least a sexual aspect to it.
She is going to claim this was the
kind of conduct that was sexual in
content, which resulted in a sexually
hostile environment, therefore affecting
her and changing the conditions of her
employment so that it became abusive
environment that she was working in.
These are basically the claims that
she is going to put forth.
We already know from what she has
said to others and can be documented
-- that she is of a mindset that
virtually everywhere that she has worked
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constitutes a sexually hostile
environment.
She is -- in my opinion, not being
a psychiatrist but based only on what
is in the records -- a person who really
fails to see that her own actions result
in the responses of her employers and
her co-employees, as opposed to any
improper motivation on their part.
But unfortunately, this seems to be
part and parcel of her nature and
character that is not going to change.
Regardless, win or lose in this
case -- if you win this case, you are
going to have Pam Robinson and you are
going to have the same Pam Robinson that
engendered this lawsuit working for you,
which is going to be extremely
disruptive, in my opinion, to your
police force and to an ability to handle
any behavior that she ultimately
exhibits that may be contrary to what
you think is in the best interests of
the Village.
You are going to be worrying about
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whether or not your actions are going to
be viewed in the context of retaliation.
So from my point of view as a
lawyer who represents you in this claim,
I feel a little hesitant about jumping
into this area, but I will tell you that
I think that she poses a substantial
problem in the future, even if you win
this case.
If you lose it, you have got big
problems because you are faced with
potentially the Court, as an equitable
remedy, promoting her to Sergeant and
requiring you to pay her on that basis
and give her that authority.
Even if she loses the promotion
issue, she still has a potential of
winning some money.
There is also another problem, and
that is that the Plaintiff's attorney
has approached me, saying that if this
case cannot be settled in a fashion
where she does terminate employment with
the City, then he will consider settling
this case individually with Hartford
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concerning her claims, without
requesting employment.
Therefore, she will receive money,
but still be an employee of the Village;
in other words, a victory for her
in terms of a monetary award and a
complete loss for you because you still
have the problem with some idea in your
police force that by filing this kind of
action, there was leverage exerted upon
you, which you all gave in to.
So there is a problem, and you have
to make a decision.
COUNCILMAN HIRSCHL:
may make a comment?
Well, if I
MAYOR SPIEGEL: Yes.
COUNCILMAN HIRSCBL: Over the
years, I'm sure Miss Robinson has been
an acceptable police officer.
It is unfortunate that in a very
small environment -- which we really
have here in Bal Harbour -- that it
becomes more of a microcosm, and.that is
that Miss Robinson's continuation in the
department, as you have noted, is
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nothing more than an ongoing
antagonistic relationship insofar as I
don't know how happy Miss Robinson can
be remaining in Bal Harbour Village.
I think from the standpoint of the
continuing performance of our Police
Department, the morale issues involved,
the issues that have taken place with
this particular case, the information
you brought to our attention regarding
the incomplete Internal Affairs
investigation, it seems to me that
everybody is best served if we can
negotiate a settlement with Miss
Robinson where she would receive some
sort of financial compensation,
terminate her employment with a letter
of recommendation, which I believe
were the terms that you had discussed
with us previously.
Although I do not like to give
money away -- I think, to a degree, it's
a buying away your problems -- but quite
honestly, with a small city like ours,
with a close working relationship that
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all the police officers have with each
other, I don't really see us having too
much of another choice.
I think everybody is best served in
this matter --and again, I don't like
to give away monies that the City
collects from our taxpayers.
But in the final analysis when you
look at the dollar amount that I think
we can negotiate, it is justifiable.
Personally --again, I can't speak
for anybody else -- but personally, I
would like to see us resolve this matter
by you settling this with her attorney
and Miss Robinson in an agreement that
would render us finished with Miss
Robinson, she gets money that is due to
her, she terminates her employment, and
we can go on from there.
Again, I hope I haven't
oversimplified or taken the steam out of
anybody else, but please --
MAYOR SPIEGEL: Jim, I would like
your opinion.
COUNCILMAN BOGGESS: It hasn't
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changed.
I am just really morally opposed to
blackmail, and that's what this amounts
to.
I look at the options. If we win
the case --and I think we have a very
good chance, in spite of the memo we
still have a disgruntled employee on our
hands.
As much as I would like to see this
behind us, are we to pay off every
disgruntled employee we happen to come
up with through the years?
MAYOR SPIEGEL: That was my next
question to you, Mr. Hamilton.
You had mentioned in previous
employment that she had had, she was
also creating problems with her
employers in the same respect she is
creating it in the Police Department?
MR. HAMILTON: No, no.
What I said was that in her
deposition, it is her mindset that
except for Broward County and other
employment that she had, she felt that
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there was if not overt, subtle forms of
sexual discrimination to which she was
subject.
She obviously didn't raise her
level of response to that to what she
has done here, which is file a federal
lawsuit, claiming in fact a sexually
hostile environment and sexual
discrimination against the Village.
I fully understand your position.
I don't disagree with you.
a valid concern.
I think it's
But I have to step back and divorce
myself from my emotions about the
validity or invalidity of the claim and
look at it from a purely objective point
of view and an economic point of view,
because this is what I do all the time.
I mean, there is an economic cost
to virtually everything, and I agree
that blackmail is not something that you
want to give in to under any
circumstances, and it could set a
precedent for the future.
However, when I look at the
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permutations of what could happen in
this case, the upsides and downsides for
you -- that is, for the Village here
I see this as a no win situation for you
if Pam Robinson remains here.
I see you having continuing
problems. I see you having problems
managing.
I see your police Chief as having a
problem managing and making decisions,
knowing that every decision that he
makes in reference to Pam Robinson
whether it is assigning of duty or
promoting to Detective or promoting to
Corporal or promoting to Sergeant -- is
going to be scrutinized by Pam and her
attorney as either further evidence of
sexual discrimination, even if you win
the case, and/or retaliation.
Should she do something that you
feel might even be grounds for
termination, it will be viewed in light
of a retaliation termination under Title
7.
From an economic point of view for
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the amount of money that they are
demanding and potentially, this case
could be negotiated for, as an economic
cost to you, I see it almost as a wash.
That's my point. My point is, from
an economic point of view, if you are
looking at the finances of this City, I
see in a period of a year or so, it's a
wash for you -- a wash economically for
you -- but even more importantly, it's a
gain in terms of your peace of mind and
your ability to have a functioning
Police Department based on my
understanding of how your Police
Department is working and the feelings
and relationships that have been
established and are ongoing in your
department now.
That's my view from my seat. I
understand your view from your seat.
MAYOR SPIEGEL: Well, as Mr.
Boggess stated and as you stated, are we
going to set a precedent and every time
w~ have someone that is unhappy, they
will say, "Well, look what Pam did. Why
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can't we do the same?"
COUNCILMAN HIRSCHL:
case individual?
Isn't every
MS. SHEROUSE MORRIS: May I
interject?
MR. HAMILTON: I don't think so.
I'm going to say I don't think so, and I
will tell you why.
Every case is founded on its own
merits --
COUNCILMAN HIRSCHL: Right.
MR. HAMILTON: -- and you have to
deal with every case individually with
respect to the potential that sexual
discrimination really did or did not
occur, and you have to look at it
differently with respect to the
individual employee and the impact that
employee has upon your Police
Department.
It could be that someone else files
a suit and you look at it and you feel,
well, there's some merit to this
lawsuit.
Or you look at it and you say well,
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I think this person is just mistaken,
but all in all, we don't think this
person --even if they are unsuccessful
-- will be so disgruntled and such a
disruptive force in whatever department
they are in that we feel the risk to us
in the future having them as a continued
employee is that great. So we won't
have to act on it.
So the short answer is, there's
always a danger of setting a precedent.
I don't think that in this
particular case, given this particular
type of action and this particular
person, that it is going to establish a
precedent and I think even more so since
my basic feeling or understanding of the
attitude of your Police Department and
other people concerning Pam Robinson is
that they also see it in the best
interests of everyone that she be gone.
MAYOR SPIEGEL: I would agree that
that is in the best interests.
COUNCILMAN BOGGESS: Oh, yes.
Are we going to discuss any figures
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here today?
MS. SHEROUSE MORRIS: Can I just
interject a couple of quick thoughts?
And I know that some of us had talked
about this, but I just think there are a
couple of things here.
I have been putting in too many
hours lately and I have spent, as a
result of that -- because this suit is
pending and people are nervous
probably too much time listening to
various and sundry police officers, and
they really do have a lot to say on this
topic.
They are really concerned, and I
will tell you that most of them have
their own ways of saying it --and some
of them are kind of colorful and
entertaining -- but most of them will
tell you that they feel it is in the
best interests, long term, of this
department that she be gone.
They will also tell you -- much as
each of you have expressed -- they are
not pleased at the aspect of her
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profiting from any of this. So there's
a mixed feeling there.
As a Manager, --
COUNCILMAN HIRSCHL: By the same
token, --
MS. SHEROUSE MORRIS: As a Manager,
I have to tell you that my absolute
worst concern for this City -- and I see
it as a clear and present danger.
There's my legal term for the day -- I
am really concerned that if we go into a
situation where this employee receives
some type of monetary settlement to drop
her case or to settle her case and
she remains in our employment, I am
really vitally concerned.
We have some police officers in the
Police Department that are sitting very
close to retirement, that are sitting in
positions that we are going to have to
promote and reassign to fill those
positions.
I would suspect that if we go into
a situation where there is a settlement
made, she drops her case, and she
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remains in our employment --or any
situation where ·she remains in our
employment you are probably going to
be looking at this within the next year
to two years again.
I think John's very right. I think
we are probably going to be casting in
the case of retaliation or
discrimination.
But I am really concerned about
there being a settlement and her
remaining in our employment because I
think that basically what you are going
to be doing is financing the next legal
action.
That really concerns me because I
can see this as a long term kind of
drain.
COUNCILMAN HIRSCHL: Let me say
this, though.
I am so delighted to hear that the
members of the Police Department are
treadirig on eggshells.
To a degree, they have gotten us in
this position, and I think it's time --
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as the Manager -- that you talk to your
Chief and he talk to the individual
officers,
MS. SHEROUSE MORRIS: Yes.
COUNCILMAN HIRSCHL: -- and let's
have a department that is above board as
far as gynecological references, insofar
as references that deal with anything
other than police work, because I would
like to terminate every officer that
does not perform in this manner.
MS. SHEROUSE MORRIS: I agree with
you, and I think that the very sad part
about it -- and it's kind of ironic
because we had some of these same issues
with Tom Burke with his illness and,
frankly, some of them with Glenn
Grundy before that.
As I'm sure you understand based on
your police experience, one issue that
you always have with a police officer
when they are taking extended sick leave
or you are aware that there has been a
surgical procedure is fitness for duty.
We had a situation with this
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officer where we were brought in a
doctor's note that had no information on
it and a stamped signature.
We called the doctor's office to
verify that there were no restrictions,
and she was able to return to duty.
I tell you that as her employer, I
feel we were perfectly within our rights
to do that, and we were perfectly
responsible.
We would have been criticized
severely if she had gone out on the road
and something had happened and we hadn't
done that, but she --
COUNCILMAN BIRSCHL: I understand
that.
Reference was made to Officer
Merrill in particular, --
MS. SHEROUSE MORRIS: That's
another incident, but --
COUNCILMAN HIRSCHL: Bis name seems
to be coming up here a lot lately.
COUNCILMAN BOGGESS: Sergeant
Merrill, isn't it?
COUNCILMAN HIRSCBL: Yes. It is
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Sergeant Merrill.
MS. SHEROUSE MORRIS: But Dr.
Hirschl, I'm also telling you, though,
that she is alleging that the Police
Department conducted itself improperly
in inquiry privately of her doctor's
office as to her leave, and that is a
part of her claim, as well.
This is an individual who
COUNCILMAN HIRSCHL: We have a bad
egg. We know that.
MR. HAMILTON: Sergeant Merrill --
so you know and the record is clear --
Sergeant Merrill's explanation of Pam's
story is that Sergeant Merrill's wife is
a nurse and that frequently the police
officers come to him who are unsure of
the medical significance or consequences
of what procedure their wife may be
going through or their child or
whatever, he will go ask his wife.
Then he will come back and explain
to the police officers what his wife
said, that that's just something that
he does.
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So the record is clear, what he
says happened -- which I believe, quite
frankly -- is that she indicated that
she was having a procedure.
He went home and asked his wife
about it and came back and said, "Pam,
do you know what they are going to do?
Do you know what this procedure is all
about?" and told her.
There was no sexual connotation.
There was no harassment. It was a
matter of informing her about what the
procedure meant.
Whether it was indelicate or
perhaps unsolicited is another matter.
But clearly, it wasn't something
that he says -- or in the context of
what I understand the law to be -- a
sexually laden harassment, quid pro quo
type behavior.
So one can be indelicate or
insensitive or even boorish, but it
doesn't constitute --
COUNCILMAN BOGGESS: His wife did
not volunteer the information that Pam's
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having a procedure. Pam mentioned the
procedure to him?
MR. HAMILTON: That is his story,
that
MS. SHEROUSE MORRIS: Yes.
MR. HAMILTON: -- Pam mentioned the
procedure and he went to his wife, and
then he came back and said, "Pam, do you
know what this is all about? Do you
know what they are going to do?"
So he -
COUNCILMAN HIRSCHL: In your
discussions --
MR. HAMILTON: And so the record is
clear -- and it doesn't seem as if it
was just a simple gynecological
reference.
MAYOR SPIEGEL: Carole had said
that they called the doctor to find out
what the procedure was.
MS. SHEROUSE MORRIS: No. We
called the doctor to insure that she was
able to return to work with no
restrictions.
MAYOR SPIEGEL: Now, did Pam ask
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Merrill to check with his wife on the
procedure, or did he do this and then
come back and tell her what it was?
MR. HAMILTON: I think a reasonable
interpretation, it was on his own, sue
sponte.
MAYOR SPIEGEL: So he really should
not have gone and told Pam.
If she wanted to know what the
procedure was, she should have inquired
from her doctor.
COUNCILMAN BOGGESS: But on the
other hand, if Pam mentioned it to him,
I think he felt perfectly safe in
mentioning it.
MAYOR SPIEGEL: But if he didn't,
then
MR. HAMILTON: She has also come to
him --for example, not too long ago,
just before she was going to have her
baby --and asked him all sorts of
things about childbirth and breast
feeding and these things because she was
interested in it, to which he responded
because he has had children and his
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wife --you know, he is familiar with
it, and he responded, and there wasn't
any sexual connotation to that.
Interestingly enough, it was not
mentioned by Pam in her deposition.
So I am not making at this hearing
now a value judgment on the merits.
COUNCILMAN HIRSCHL: No.
either.
I wasn't,
One more comment about Officer
Merrill.
Did you have the luxury of
questioning him about that I.A. memo?
MR. HAMILTON: Yes.
COUNCILMAN HIRSCBL: What were his
comments to you on that?
MR. HAMILTON: Well, as you
understand, Merrill was not the one who
made the statement about the ovens.
His statement was that
COUNCILMAN HIRSCHL:
specific statements.
I remember his
I am asking you what he
specifically commented to you.
MR. HAMILTON: That it was true.
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COUNCILMAN BIRSCHL: Okay, thank
you.
MAYOR SPIEGEL: I see only two
choices here.
As far as a settlement --with
her staying on --through the insurance
company, it's out.
It either has to be a total
settlement, including our portion, or go
to trial.
COUNCILMAN BOGGESS: With
a resignation.
MAYOR SPIEGEL: Or we go to trial.
MR. HAMILTON: Let me warn you
here so that you understand.
Your insurance policy --and again,
this is an area that I am now beginning
to tread very lightly on because I am
not hired to -- the parameters of my
representation of you do not include any
conflict that you may ultimately have
with your insurance company. That would
be a conflict for me.
But your comment requires me, I
think, to tell you that in your
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contract -- and I have to look at it
again.
Generally speaking, the right to
defend and settle a case is solely
within the province of the insurance
company.
When you enter into a contract with
an insurance company you read any
contract, whether it is your
automobile contract, your homeowners or
whatever -- as a part of your
contractual agreement with that
insurance company, you give to them the
complete right to defend and settle a
case.
That's why I am the attorney that
is representing you in this case. They
selected me, rather than you making the
selection yourself.
You can complain, you can state
your position, and through me -- and I
will do so as best I can -- but the
ultimate decision as to whether they
wish to settle or not is going to rest
with them, and they can go against your
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wishes in that manner.
That is why I raised it with your
Manager because that is a danger that I
am concerned about, that you should
know.
COUNCILMAN HIRSCHL: Again, I think
it is quite clear that all of us
elected officials, I am referring to
right now --do not like to give away
money in a blackmail scenario, in a
scenario that seems to be somewhat
unjust.
However, I think our choices are
very limited. I think the City is best
served if the officer chooses to
terminate, with a letter of
recommendation, and assuming a
settlement is satisfactory.
Again, I know it doesn't --I need
to either swallow that and say, "Yes,
here's a blank check. Let's fill it in,
and let's be done with it."
But judging on all of the
scenarios, judging on the type of
persona that we are dealing with, with
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Miss Robinson, I think that everybody
would be best served if she were to work
elsewhere.
COUNCILMAN BOGGESS: What is her
present salary?
MS. SHEROUSB MORRIS: $43,000 a
year.
COUNCILMAN BOGGESS: With
benefits?
MS. SHEROUSE MORRIS: Plus
benefits.
COUNCILMAN BOGGESS: The benefits
run about 15 percent?
MS. SHEROUSE MORRIS: Yes, about.
COUNCILMAN BOGGESS: So that is
about another six thousand, and --
MR. HAMILTON: Plus overtime.
MS. SHEROUSE MORRIS: And
retirement and Court time -- well,
retirement is part of your benefits
and Court time.
MAYOR SPIEGEL: What is a
Sergeant's salary?
MS. SHEROUSE MORRIS: Her
Sergeant's salary
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MR. HAMILTON: She would have been
making about $49,000.
MAYOR SPIEGEL: Not that much
difference.
COUNCILMAN BOGGESS: Are we fully
staffed in the Police Department?
MS. SHEROUSE MORRIS: I am down
one. We are in the process of trying to
hire now.
As I think we have all discussed
before, hiring cops is real tough. We
are down to, I think at this point, one
applicant that looks real good that we
are backgrounding.
Civilian staff in the Police
Department, I'm full at the moment.
COUNCILMAN BOGGESS: We normally
run about one below our full force,
don't we?
MS. SHEROUSE MORRiS:
Unfortunately, because it is so
difficult to hire certified police
officers who can meet the physical
standards you want in terms of their
health, who can pass the psychological,
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pass a background investigation, and
pass a polygraph, it is extremely
difficult.
COUNCILMAN HIRSCHL: That
eliminates everybody I know.
(Laughter.)
MS. SHEROUSE MORRIS: I mean,
seriously, the last time we advertised,
we had about 40 applicants, and before
it was all over, we washed down to a
possible two, and one of them has since
washed out.
If you are a good certified
police officer and you have got a clean
case, you can get a job anywhere you
want.
COUNCILMAN BOGGESS: The thing that
amazes me --
MS. SHEROUSE MORRIS: It's tough.
-- in the
COUNCILMAN BOGGESS:
seven years I have been dealing with the
Council here -- and you, too, Estelle --
MAYOR SPIEGEL: Yes.
COUNCILMAN BOGGESS: in spite of
all the safeguards and the psychological
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testing and all the aptitude tests --
and they are supposed to be certified
officers -- the number of problems we
have with these people who have been
sifted through a fine sieve.
MAYOR SPIEGEL: Yes.
MS. SHEROUSE MORRIS: Right.
COUNCILMAN HIRSCHL: I don't think
it has been all that many over the
years.
You can name names, but if you
think about 60 general employees,
MS. SHEROUSE MORRIS: I think you
also need to think about who did the
hiring --
COUNCILMAN BOGGESS: In the Police
Department.
MS. SHEROUSE MORRIS: I think you
also need to think about the hiring of
some of these employees, because they
were not hired by your present staff
and might not have made it throug·h.
COUNCILMAN HIRSCHL: That was my
next comment because your ex-Chief was
involved.
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Who hired Pam Robinson?
MS. SHEROUSE MORRIS: You know, I
have heard all kind of different stories
about what happened.
I had been here about three months
when Pam was hired.
Vaquero was the Chief. Louise
Miller was the Manager.
It is kind of ironic that we have
kind of wondered from time to time if
Vaquero would show up on the witness
list, because he was generally
considered to be strongly anti-women
police officers.
MAYOR SPIEGEL: Bow about Sheila?
MS. SHEROUSE MORRIS:
Sheila Levinson was probably hired by --
MAYOR SPIEGEL: No. I don't mean
that.
Is she on the witness list?
MS. SHEROUSE MORRIS: No.
COUNCILMAN HIRSCHL: At any rate, I
think that stems from leadership that
might have been there at the time.
MAYOR SPIEGEL: And Merrill and
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Harold.
MS. SHEROUSE MORRIS: All hired,
again --
I don't know exactly who hired
them. They were both here when I got
here.
COUNCILMAN BOGGESS: I don't really
think that present Chief Treppeda has
had the opportunity to hire that many
people.
MS. SHEROUSE MORRIS: We haven't.
There have been Raul and Jay,
obviously, who were promoted from
within, and both really seem to have
grown into their jobs.
Gregg Roy (phonetic), who I would
probably hand to you as, "Give me five
more so we can just take him and
photocopy him."
MAYOR SPIEGEL: Yes.
MS. SHEROUSE MORRIS: Paul
Epler's the newest one.
Again, Paul seems to have stepped
into his role and assumed his
responsibilities really well.
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COUNCILMAN HIRSCHL: Hasn't Chief
Treppeda hired a female police
officer, as well?
MS. SHEROUSE MORRIS: I'm sorry. I
forgot about Madeline, Madeline Orr
(phonetic).
MAYOR SPIEGEL: Yes. I was going
to ask what her position is and what
comments
MS. SHEROUSE MORRIS: I think John
would tell you that Madeline would be a
very strong witness for us.
MR. HAMILTON: She is a strong
witness.
The only problem with Madeline's
testimony is that --essentially, she is
going to testify that she finds nothing
sexually hostile about the environment
here and working in the environment
within the police force.
But again, she has not been here
all that long. Some of the
COUNCILMAN HIRSCHL: She is on
probation still?
MS. SHEROUSE MORRIS: I think she
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is just off.
MR. HAMILTON: Just off.
Some of the incidents predate her
hiring.
So to that extent, there is a limit
on the effectiveness of her testimony,
but I really like her. She is a very
direct --
MAYOR SPIEGEL: Yes, she is.
MR. HAMILTON: -- and she is a nice
person.
And if I might add my own comment
here. After talking to many of your
police officers, I find that Chief
Treppeda is a very astute and sensitive
person, I think that really is attuned
to what is going on.
I mean, at least from my talking to
him, he's very aware -- and very
organized, an extremely organized
personal.
So I like the man. I think he's a
nice man. I don't know how he works in
the police force, but I like the man.
COUNCILMAN BOGGESS: Well, do you
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think that our portion could --
(indicating)
What does that look like
(indicating)?
MR. HAMILTON: Close.
COUNCILMAN HIRSCHL: Must a number
be disclosed today?
MS. SHEROUSE MORRIS: We need to
authorize --
MR. HAMILTON: Let me tell you what
I think has to be done.
I think that you have to at least
put an upper limit that gives me the
authority.
'As a person to negotiate for you, I
can go up to that point. Because if you
don't, I am in a vacuum.
I am now faced with a comment by
the Plaintiff's counsel right or
wrong and hopefully, he is wrong because
he is just puffing.
But right or wrong, he says, "We
will settle this case, and she will
resign, with a letter of recommendation,
for a hundred thousand dollars."
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That is his statement to me. I
don't know if that is valid or not,
but I
COUNCILMAN BOGGESS: Has any offer
been made to them?
MR. HAMILTON: There was a
suggestion at a mediation that an offer
up to a certain amount of money would be
made by the insurance company, which he
really didn't even entertain.
So I would say at this point, we
are basically -- he is at a hundred
thousand dollars. He says that is his
bottom line.
Whether it is or not only remains
to be seen.
MS. SHEROUSE MORRIS: I think you
kind of have to assume that his bottom
line is
MR. HAMILTON: The calendar call is
today, and the trial may be Monday.
So I would suggest that it is not a
time to wait.
MAYOR SPIEGEL: In my
understanding, it would
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COUNCILMAN BOGGESS:
order?
Is a motion in
COUNCILMAN HIRSCHL: Do you need a
motion?
MR. PASTORIZA: You can do a motion
instructing him to negotiate up to --
MAYOR SPIEGEL: Is this what it
would be (indicating)?
COUNCILMAN BOGGESS: Well, in view
of all the circumstances -- and as
repugnant as I find it personally I
think it is in the best interests of the
Village for us to authorize our
attorney the insurance company's
attorney to obligate us up to $50,000
in order to settle this, provided the
insurance company is providing the same
amount of money.
I view it in this way, and that is
my notion.
MR. PASTORIZA: You might want to
add, with an appropriate letter of
resignation, as part of the settlement
amount --
COUNCILMAN HIRSCBL: Under the
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terms that we have discussed.
COUNCILMAN BOGGESS: Under the
terms that we have discussed.
MR. HAMILTON: So that you all
know, I think that if there is a
possibility of settling this case under
those terms, the first thing I would do
would be to draft a letter of
resignation, submit it to the Chief to
see if he will sign it, and then submit
it to the other side to see if that is
acceptable.
I mean, that is going to have to be
worked out because if they are looking
for a glowing recommendation and, "She
is the best police officer that we ever
had," I have serious doubts as to
whether or not the Chief is going to
sign that.
They better not be looking for ·that
because they are not going to get it,
and
COUNCILMAN HIRSCHL: Is there a
motion?
COUNCILMAN BOGGESS: Yes.
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MR. HAMILTON: -- and I am going to
tell them that.
So that is part of the negotiation.
COUNCILMAN HIRSCHL: I will second
the motion.
MAYOR SPIEGEL: Okay. All in
favor?
THE COUNCIL (In unison): Aye.
MAYOR SPIEGEL: Opposed?
(No response.)
MAYOR SPIEGEL: The motion is
carried for you to proceed on those
terms.
MR. HAMILTON: Thank you.
COUNCILMAN HIRSCHL: Thank you.
MAYOR SPIEGEL: At this time, we
are going to adjourn our executive
meeting, and then we will reopen our
regular meeting.
COUNCILMAN HIRSCHL: Motion to
adjourn.
COUNCILMAN BOGGESS: Second.
MAYOR SPIEGEL: All in favor?
THE COUNCIL (In unison): Aye.
MAYOR SPIEGEL: Opposed?
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(No response.)
MAYOR SPIEGEL: The executive
session is adjourned.
(Thereupon, the meeting was
adjourned at 12:20 o'clock p.m.)
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CERTIFICATE OF REPORTER
STATE OF FLORIDA
ss.
COUNTY OF DADE
I, CAROLE BERNARD, a Notary Public in and
for the State of Florida, do hereby certify that
I reported the foregoing Executive Session at the
time and place hereinabove set forth; and that
the foregoing pages numbered from 1 to 45,
inclusive, constitute a true and correct
transcription of my shorthand report of the
meeting.
WITNESS MY HAND AND SEAL in the City of
Miami, Dade County, Florida, this 28th day of
February, 19 94.
CAROLE BERNARD
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