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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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. {305) 944-9884 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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, PERSONAL TOUCH REPORTING, INC. ( 305) 944-9884 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 -- PERSONAL TOUCH REPORTING, INC. (305) 944-9884 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. PERSONAL TOUCH REPORTING, INC. {305) 944-9884 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. ( 305) 944-9884 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. PERSONAL TOUCH REPORTING, INC. (305) 944-9884 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH RE~ORTING, INC. (305) 944-9884 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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, PERSONAL TOUCH REPORTING, INC. (305) 944-9884 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. PERSONAL TOUCH REPORTING, INC. (305) 944-9884 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. PERSONAL TOUCH REPORTING, INC. (305) 944-9884 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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." PERSONAL TOUCH REPORTING, INC. (305) 944-9884 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. (305) 944-9884 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. PERSONAL TOUCH REPORTING, INC. (305) 944-9884 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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? PERSONAL TOUCH REPORTING, INC. (305) 944-9884 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (No response.) MAYOR SPIEGEL: The executive session is adjourned. (Thereupon, the meeting was adjourned at 12:20 o'clock p.m.) PERSONAL TOUCH REPORTING, INC. (305) 944-9884 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 PERSONAL TOUCH REPORTING, INC. ( 305) 944-9884 46