RESOLUTION 92-20496 RESOLUTION NO. 92-20496
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE
CITY ATTORNEY TO ENTER INTO A CONSENT DECREE WITH THE
UNITED STATES DEPARTMENT OF JUSTICE REGARDING
ALLEGATIONS OF DISCRIMINATORY HIRING PRACTICES IN THE
POLICE AND FIRE DEPARTMENTS.
WHEREAS, on November 9, 1990, the United States Department of Justice
advised the City of its intent to initiate an investigation into the employment
practices by the City of Miami Beach in its Police and Fire Departments; and,
WHEREAS, on June 24, 1991 , based on their investigation, the United States
alleged that the City of Miami Beach and its Fire and Police Departments have
discriminated against individuals on the basis of race and national origin in
violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.
§2000e, et seq; and,
WHEREAS, rather than pursue the burdens of costly contested litigation, the
United States invited the City to enter into negotiations for a consent decree;
and,
WHEREAS, during the past ten (10) months, such negotiations for a consent
decree was diligently pursued by the Administration and the United States; and,
WHEREAS, on December 23, 1991, the United States filed a lawsuit, entitled
"United States of America v. City of Miami Beach" , Case No. 91-2926, United
States District Court of the Southern District of Florida; and,
WHEREAS, the Administration and the United States have tentatively agreed
to the terms and conditions for a consent decree, attached hereto as Attachment
"A" ; and,
WHEREAS, the City and the United States agree that entering into this
Decree shall not constitute an admission, adjudication or finding on the merits
of the allegations made in the complaint and the City expressly denies that it
have, or is presently, engaged in a pattern or practice of discrimination against
Blacks or Hispanics in violation of Title VII as alleged by the United States;
and,
WHEREAS, it is necessary for the City Commission to authorize the City
Manager and the City Attorney to enter into such consent decree.
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, that the City Commission authorizes the City Manager and
the City Attorney to enter into the Consent Decree, attached hereto as Attachment
"A" , with the United States Department of Justice for th9, 3urpose of settling the
lawsuit, entitled "United States of America v. City of Ivii .mi Beach" ase No. 91-
2926, United States District Court of the Southern +i rict of F • ida.
PASSED and ADOPTED this 22nd day of April '1 . // /
Attest by: MAYOR
'tdoi,,,,, e*--&-,4,_
City Clerk
Form Ap oved: 4011P
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City Attorney A'
Form Approved:
Ck(;
Zäs Crosland
Labor Counsel
PFL:me
CITY OF Nu1IAMI 7
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
REVISED FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 213-92
DATE:
April 22, 1991
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Roger M. Ca t •
City Manager
�
SUBJECT:
A CONSENT S NT DECREE BETWEEN THE CITY OF MIAMI BEACH AND THE UNITED
STATES DEPARTMENT OF JUSTICE
On December 23, 1991, the United States Department of Justice filed a lawsuit
entitled "United States of America v. City of Miami Beach" , Case No. 91-2926,
United States District Court of the Southern District of Florida, alleging
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discriminatory hiring practices by the City in the Police and Fire Departments.
In order to forgo the burden and expense of litigation, the City of Miami Beach,
invitation the of the United States Department of Justice entered into
negotiations for a voluntary consent decree.
BACKGROUND
On November 9, 1990, the United States Department of Justice advised the City of
its intent to initiate an investigation into employment practices in the Police
and Fire Departments . This investigation was prompted by a cable-television news
story on the national Black Entertainment Network about the Fontana fire (April
1990) which emphasized that there were no Black firefighters employed by the
City.
Following an eight (8) month review of City's hiring practices, the United States
Department of Justice concluded its investigation and on June 24, 1991 notified
the City of the findings of its investigation. Further, the Department of Justice
alleged that the City of Miami Beach and its Fire and Police Departments have
discriminated against individuals on the basis of race and national origin in
violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.
§2000e, et seq. As a result of this allegation, the United States Department of
Justice was authorized to file suit against the City of Miami Beach.
Rather than pursue the burdens of costly contested litigation, the United States
invited the City to enter into negotiations for a consent decree which would
enjoin future discrimination and, as far as possible, award to all victims of the
discrimination "make whole" relief. The consent decree would also require the
City to develop lawful , job related selection procedures for its entry level
positions for Police Officers and Firefighters.
After ten (10) months of diligently pursuing settlement negotiations, the
Administration, with the assistance of Jim Crosland, Labor Counsel , has reached
tentative agreement with the United States for a consent decree. This agreement,
attached as Attachment "A", is subject to ratification by the City Commission.
In the proposed consent decree, the City and the United States agree that
enteringinto the Decree shalladjudication not constitute an admission, adjudication or
finding on the merits of the allegations made in the complaint. Further, the
City does not admit that it has, or is presently, engaged in aP attern or
practice of discrimination against Blacks or Hispanics in violation of Title VII
as alleged by the United States.
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AGENDA
ITEM 7-G
4-22-92
DATE
a
• r
Consent Decree
April 22, 1992
Page -2-
SUMMARY OF THE CONSENT DECREE
Outlined below, is a summary of the major provisions of the proposed Consent
Decree.
1 . QUALIFICATION AND SELECTION CRITERIA
A. The City will cease using its current written examinations used in
testing and selecting entry level Police Officers and Firefighters.
B. The City will develop new selection process for hiring entry level
Police Officers and Firefighters. This selection procedure must
have the agreement of the United States or Court determination that
the procedure is lawful under Title VII .
2. INTERIM HIRING
Both the City and the United States recognize and agree that there is a
need for the City to continue to employ entry level Police Officers and
Firefighters so that adequate levels of public safety can be maintained.
Therefore, as a temporary measure, until No. 16 above is completed, the
City may use an interim selection procedure as agreed to by the parties
and the Court.
Discussions with the United States Department of Justice have tentatively
approved the use of Dade County's validated tests during the interim
period.
3. INDIVIDUAL RELIEF
The City will pay the amount of $550,000, in equal installments over two
fiscal years into a "Settlement Fund" . This fund will be used to settle
individual claims for backpay relief. Any amount not used will be
returned to the City and shall be used exclusively for Affirmative Action
purposes consistent with the Consent Decree.
It should be noted that the original claim by the United States Department
of Justice was $808,058 which was decreased to $745,000; the claim was
later increased to $925,000 and is now recommended to be settled at
$550,000. It must be noted that this settlement amount does not include
the cost for retroactive pension benefits. (See No. 4 below)
4. PRIORITY EMPLOYMENT
Priority employment is defined as the right of qualified claimants to be
offered the first available jobs within the respective departments under
a priority hiring list to be established under the Decree.
The City will hire ten (10) Blacks in the Police Department and five (5)
Blacks and five (5) Hispanics in the Fire Department from the respective
priority hiring lists. Such employees hired shall be entitled to
retroactive seniority to the date that they would have been hired.
Further, upon any priority hire being employed by the City for a minimum
of eighteen (18) consecutive months, that priority hire will be entitled
to retroactive pension benefits. At that time, the City will be required
to pay into the pension fund, an amount that is actuarially computed to
fund to date the retroactive pension benefit for the priority hire. Each
priority hire will be required to contribute ten (10%) percent of the face
amount of their backpay award into the pension fund.
02
t a c i
1 I i _.F 1( Q I • I I ! 1
Consent Decree
April 22, 1992
Page -3-
5. NOTIFICATION
Notification of the consent decree will be accomplished through prescribed
advertising in newspapers and direct mailing (where names and addresses
are known) .
6. TERM OF THE DECREE
The term of the proposed Consent Decree is five (5) years from the date of
entry.
Details on these or any of the other provisions of the proposed Consent Decree
may be found in Attachment "A" .
REVISIONS TO THE CONSENT DECREE
Attached are two (2) pages to replace pages originally included in the agenda
sacka•es lases 100 and 119 . These lases contain •rammatical corrections and
are not of a substantive nature. The changes are:
Page 100, line 4 Original : . . . deny that they have, or are . . .
Corrected . . . denies that it has, or is . . .
Page 119, line 15 Original : . . . their . . .
Corrected: . . . its . . .
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the attached
Resolution authorizing the City Manager and the City Attorney to enter into the
Consent Decree with the United States Department of Justice. This will allow
your Administration to put this problem behind us and move forward aggressively
in meeting the Affirmative Action goals of the City of Miami Beach.
RMC:PFL:me
New wording is underlined.
a
1' ' •' � r )r j i j , 1 , ►I I �,,
• M
ATTACHMENT "A"
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
UNITED STATES OF AMERICA, )
Plaintiff, )
)
V. ) CASE NO. 91-2926
CIV-MOORE
CITY OF MIAMI BEACH, )
)
Defendant. )
)
CONSENT DECREE
This action was brought by the United States of America
against the City of Miami Beach, Florida (referred to hereinafter
as "the defendant or the City") , to enforce the provisions of
Title VII of the Civil Rights Act of 1964 , as amended, 42 U. S.C.
§ § 2000e, et seq. In its Complaint, the United States alleges
that the defendant has engaged in a pattern or practice of
employment discrimination against Blacks and Hispanics in the
City's Fire Department and against Blacks in the City's Police
Department by utilizing written examinations in the processing
and selection of candidates for appointment to entry-level Police
Officer and .Firefighter I positions which have had a
discriminatory impact upon Blacks and Hispanics, as compared to
their white Anglo counterparts, and that do not significantly
serve legitimate business goals.
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This Decree having been entered with the consent of the
parties, shall not constitute an admission, adjudication or
finding on the merits of the allegations made in the complaint
plaint
and the defendant expressly denies that it has, or is
presently, engaged in a pattern or practice of discrimination
against Blacks and Hispanics in violation of Title VII as alleged
by the United States. The Decree is final and binding on the
parties and their officials, agents, employees and successors,
and all persons in active concert or participation with them.
Plaintiff United States and defendant City of Miami Beach, being
desirous of settling this action, agree to the jurisdiction of
the Court over the parties and the subject matter of this action
and agree to the entry of this Consent Decree, which resolves all
issues .raised by the Complaint. Based upon the consent
p of the
parties, it is therefore ORDERED, ADJUDGED AND DECREED as
follows:
I. GENERAL INJUNCTION
1. The basic objectives of this Decree are to insure that
Blacks and Hispanics are considered for Fire os
Department positions
p Ions
and Blacks for Police Department positions on a non-
discriminatory basis, that any present effects of alleged past
discriminatory practices have been remedied, and that lawful
selection procedures are in place.
2 . Defendant agrees not to engage in any act orp ractice
that has the purpose or effect of unlawfully discriminating
against any Black or Hispanic applicant orotential applicant
p pp cant
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for employment with the Fire Department or any Black applicant or
potential applicant for employment with the Police Department
because of such individual 's race or national origin.
3 . The defendant City, its employees, agents and all
persons in active concert or participation with it, hereafter
shall not engage in any act or practice with respect to the
processing, selection, certification and appointment by the City
of Miami Beach of candidates to the entry-level positions of
Firefighter I and Police Officer which has either the purpose or
effect of discriminating unlawfully on the basis of race or
national origin. Remedial actions and practices required by the
terms of this Decree shall not constitute unlawful discrimination
within the meaning of 42 U.S .C. §2000e-2 (a) .
4 . Defendant agrees not to retaliate against or adversely
affect any person because that person has opposed discriminatory
policies or practices or because of that person's participation
in or cooperation with the initiation, investigation, litigation
or administration of this action or this Decree.
5 . With respect to employment of Fire and Police
Department personnel , this Decree does not obligate the defendant
to hire unnecessary personnel , or to hire any person who is not
qualified.
6. Except for the provisions concerning individual relief
in this Decree, nothing in this Decree either requires orp ermits
the defendant to grant a preference based on race or national
origin in hiring. The parties expressly recognize the right of
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the defendant to implement such hiring as is necessary, in its
view, to effectuate the obligations of this Decree consistent
with the sound and safe administration of the Fire and Police
Departments.
7 . Further, with respect to the obligation of the United
States to monitor compliance with the .Decree, the parties may,
without further order of the Court, use all discovery allowed
under the Federal Rules of Civil Procedure.
8. Prior to approving this Decree, the Court shall hold a
hearing to determine whether the terms of the Decree are fair,
reasonable, equitable and otherwise consistent with federal law.
At least thirty (30) days prior to the hearing, the defendant
shall provide notice to all interested persons of their right to
object to the provisions of the Decree, by publishing said notice
in the Miami Herald, Miami Times, El Herald, and Los Diarios
delas Americas newspapers.
II . QUALIFICATION AND SELECTION CRITERIA
A. GENERALLY
9 . All job announcements for entry level job opportunities
shall include a statement which indicates that such opportunities
are open equally to all qualified individuals, regardless of race
or national origin.
10. If the defendant changes the qualification criteria for
the selection of entry level Firefighter I or Police Officer
positions, plaintiff United States shall be given sixty (60) days
�
advance notice in writing of the change. The notice shall
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include all available evidence of the impact of the change on
Black or Hispanic applicants. If the changed criteria are shown
at any time to disqualify a disproportionate number of Black
and/or Hispanic applicants, plaintiff United States may object to
the Court regarding the change, which shall be enjoined unless it
can be shown by the defendant to be job related or otherwise
consistent with federal law.
B. WRITTEN EXAMINATION
11. The written examinations currently used by the
defendant in the processing, selection and certification of
candidates for appointment to the entry-level Firefighter I and
Police Officer positions covered by this Decree were developed
and administered by the Miami Beach Department of Personnel .
12 . The United States contends that the City of Miami
Beach's current entry-level Firefighter I and Police Officer
written examinations have had a substantial adverse p
impact upon
p
Black and Hispanic applicants for these positions in comparison
with white Anglo applicants and that these selection devices will
continue to have adverse impact upon Black and Hispanic
applicants for employment if they continue to be utilized by the
City of Miami Beach in the processing, selection and
certification of candidates for appointment. The United States
further contends that there is insufficient evidence that the
City's currently administered written examinations are lawful
under Title VII .
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13 . Although the defendant does not admit to the
contentions of the United States as set forth in paragraph 12 ,
supra, the City--for purposes of this action and in accordance
with this Decree--does not contest such contentions.
Accordingly, the City hereafter shall not administer its entry-
level Police Officer and Firefighter I' written examinations or
any written examination(s) derived therefrom.
14 . Defendant may decide to develop, validate and implement
alternative selection procedures for its entry level Firefighter
I and Police Officer positions that do not include the
administration of a written examination. Defendant agrees to
provide the United States with the complete details of any
alternative selection procedure(s) for its entry-level
Firefighter I or Police Officer positions that does not include a
written examination at least sixty (60) days before it is
implemented by the City. Upon receipt of the City's proposed
alternative selection procedure(s) , the United States shall have
thirty (30) days in which to notify the City of its approval or
disapproval of any new procedure. Absent the agreement of the
United States or Court determination that use of an alternative
selection procedure is lawful under Title VII, the defendant
shall not utilize any such procedure.
15. Should the City choose to develop new written
examinations for its entry level Firefighter I and Police Officer
positions, the defendant agrees, in consultation with the United
States, to contract with recognized experts and that the method
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of test validation used by any such expert shall be approved by
the United States. Defendant further agrees that any decision to
develop new written examinations for entry level Firefighter I
and Police Officer positions shall be made within sixty (60) days
of the entry of this Decree.
16. The City shall retain ultimate responsibility for the
development and administration of lawful written examinations for
entry-level Firefighter I and Police Officer. In that regard,
the City shall ensure that any selected examination developer
will have the full cooperation of the Fire and Police Departments
including access to training academies and all materials
currently in its possession pertaining to the construction and
administration of its current written examinations.
17 . Any test development by the City shall include the
preparation of written job analyses for entry-level Firefighter I
and Police Officer examinations. Any selected examination
developer will meet with the parties and provide, prior to any
scheduled meetings, a written report detailing: the plan for
development of the written examination (s) ; the results of the job
analyses; the construction of the written examination (s) ; the
content of the written examination(s) ; proposals for the
administration and scoring of the written examinations. At six
month and one year intervals after the date of entry of this
Decree, the defendant shall provide to the United States formal
reports setting forth the progress made by the City with respect
to the development of lawful procedures.
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18 . Any disputes regarding exam construction,
administration, validity, and compliance with the Consent Decree
shall be raised at the earliest opportune time in order to avoid
the compromise of the City's public safety and to minimize delay
and prejudice to scheduled examination participants. If the
parties cannot resolve any disputes which may arise pertaining to
the development or administration of lawful written examinations
for entry-level Firefighter I and Police Officer, they may
petition the Court for resolution of any such disputes.
19 . Nothing within this Decree shall preclude the City from
conducting its own validity studies of new, independently
developed written examinations for use in the processing,
selection and certification of candidates for appointment to
entry-level Firefighter I or Police Officer positions. However,
such examinations shall not be used by the City unless the United
States agrees or, absent such agreement and after a hearing with
no less than sixty (60) days notice to the United States, the
Court determines that the use of such an examination is lawful
under Title VII .
III . INTERIM HIRING
20. Interim hiring is defined as any hiring of entry-level
firefighters or police officers that occurs between the entry of
this order and the date that new selection procedures are held by
the Court to be lawful .
21. The United States and the City of Miami Beach recognize
the continuing need of the City to process, select and certify
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candidates for appointment to the entry-level Firefighter I and
Police Officer positions covered by this Decree in order that
adequate levels of public safety can be maintained. As a
temporary measure, until lawful selection procedures are in
place, the City may use such interim selection procedures and on
such basis as the parties shall agree and present to the Court
for approval .
IV. INDIVIDUAL RELIEF
22 . The defendant agrees to pay the sum of $550, 000
(hereafter referred to as the "Settlement Fund") , in full
settlement of the individual claims for backpay relief (excluding
post-judgment interest) against the defendant in this action.
Payment is to be made by depositing, within thirty (30) days
after entry of this Decree, the amount of $275, 000 into an escrow
account in a federally insured institution so that the amount is
fully insured with interest on the fund at the highest available
rate consistent with insured safety. Six months from the date of
entry of this Consent Decree, the defendant shall deposit an
additional $275, 000 into the settlement fund in the manner
described above. The monies placed by the defendant into the
settlement fund pursuant to this paragraph shall be under the
control of the City defendant and shall remain so until the
principal and interest earned thereon are distributed pursuant to
the procedures for disbursement of backpay awards under this
Consent Decree. However, these monies, as well as all interest
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thereon, shall be used exclusively for the purposes set forth in
this Consent Decree.
23 . If at the close of the period for awards from the
settlement fund to be accepted, as further described in paragraph
41 below, there remain any funds which have not been and cannot
be distributed, those funds, with accrued interest, shall be
returned to the City to be used for purposes consistent with the
basic objectives of this Consent Decree.
24 . The following persons are eligible to file claims and
to be considered for relief under this Decree:
Any Black or Hispanic person who took the written
examination on or after January 1, 1986, for an entry
level position with the Fire Department and who
otherwise met the City's minimum qualifications for
employment but was not hired, or any Black person who
took the written examination on or after January 1,
1986 for an entry level position with the Police
Department and who otherwise met the City's minimum
qualifications for employment but was not hired.
25 . Any backpay awards to be made from the settlement fund
shall be subject to income tax withholding, the recipient's share
of medicare insurance, and the recipient's share of pension
contributions (see paragraph 33 infra) . Because the City of
Miami Beach does not contribute to social security benefits for
its employees, the parties are in agreement that backpay awards
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made from the settlement fund shall not be subject to social
security payments.
26. All employer contributions to medicare insurance due on
backpay awards to persons who accept relief under this Decree
shall be paid by the defendant and such sums shall not be set off
from the individual backpay awards or 'deducted from the
settlement fund. Backpay awards to which deceased claimants may
be entitled shall be paid to their authorized representatives.
27 . Defendant may require that persons eligible for job
opportunity relief for its entry level Firefighter I and Police
Officer positions demonstrate that they are currently qualified
for such positions under non-discriminatory standards established
under this Decree before they may fill such positions. A person
entitled to backpay relief shall not be required to accept a job,
or different duties, or to demonstrate that he or she is
currently qualified for such a position in order to obtain
backpay under this Decree.
A. PRIORITY EMPLOYMENT
28 . Those individuals who were qualified but who were not
hired on account of alleged unlawful employment policies based on
race or national origin shall be eligible for priority hiring
offers from the City. Priority hiring is defined by the parties
to mean the right of qualified claimants to be offered the first
available jobs in accordance with their respective places on the
priority hire list to be established under this Decree. Each
person found eligible for priority hiring must be offered a job
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before the defendant hires any non-priority list applicants.
Such individuals must file timely claims for individual relief
under this Decree and demonstrate that they are presently
qualified for employment by meeting the present objective minimum
qualifications required of all applicants for the job. Defendant
agrees to waive any age requirements which may currentlybar
any
such individual from obtaining employment if the individual met
the age requirements (1) at the time he or she applied; or (2) at
the time he or she would have been hired but for the alleged
discrimination.
29 . Any individual who is entitled to a job offer under
this Decree and who accepts such employment, shall be entitled to
remedial seniority in that job as of the date that he or she
would have filled the job but for the alleged discriminatory
employment policies based on race or national origin. Except as
otherwise noted in this paragraph, seniority shall be credited
for all purposes for which seniority is used, including but not
limited to job bidding, pay, promotions, reductions in force,
shift assignment, vacations and accrual of annual leave.
Notwithstanding the remedial seniority provisions of this Decree,
any applicable time-in-grade requirements, including applicable
licable
probationary periods, for a promotional position must be
satisfied before a priority hire may be considered for a
permanent appointment to such a position.
30 . Individuals shown to be eligible for hiring or relief
under this Decree shall be entitled to such employment on a
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priority basis. The individuals who are eligible for priority
hiring shall be considered for such employment in the order of
the date of their prior applications, if any, or their prior
ranking on eligible lists, if any. Where such a procedure cannot
be followed, the approximate date of the claimants' eligibility
shall determine the order of hire. Where records no longer
exist showing the claimants' dates of application or eligibility,
the defendant will establish an alternative order of selection.
Individuals eligible for priority hiring who previously took and
passed an examination for the position shall not be required to
take another such examination• In the event that claims are
filed by individuals for whom the defendant has no available
records showing their dates of application or examination scores,
such individuals shall be required to take andtpass an entry
level examination acceptable to the parties, and, if they obtain
a passing score will be eligible for priority hiring in the order
of application dates (or the approximate dates they would have
filed applications but for the employment policies based on race
or national origin) and their rank in comparison with other
individuals who qualify for priority hiring.
31. From the priority hiring list, the City will make
offers of employment based upon a candidate's present
qualifications and current interest in employment with the City.
The City will strike the name of any individual from the priority
hiring list upon receipt of written notification from the
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individual that he or she has ceased to be interested in
employment with the City.
32 . From the priority hiring list, the City will make
offers of employment with the Police Department to ten (10)
individuals on the list or until the list is exhausted whichever
occurs first. The City will make offers of employment with the
Fire Department to ten (10) individuals on the priority hiring
list, five of whom shall be Black and five of whom shall be
Hispanic, or until the list is exhausted whichever occurs first.
The City will make a good faith effort to make job offers to
twenty (20) individuals on the priority hiring list within the
first year after entry of this Decree by the Court.
33 . Defendant shall provide each individual entitled to
relief who becomes an employee under the provisions of the
Decree, with complete pension benefits as though such individual
had been appointed on the remedial seniority date, and as though
defendant and such individual regularly and fully had contributed
to the pension fund on behalf of such individual from that date
to the present.
In order to fund pension relief on behalf of each
priority hire who, in accordance with the provisions of this
Decree, becomes a Fire or Police Department employee and who is
subsequently employed by the City for a minimum eighteen (18)
consecutive months, defendant shall, at the completion of this
time period, pay into the pension fund on his or her behalf a
sufficient sum of money, as is actuarially computed to be the
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employer contribution to such fund to date including interest and
other penalties required by law. The money required to meet the
employer contributions for full pension relief for any priority
hire is the sole responsibility of the City of Miami Beach and,
under the terms of this Decree, the employer's contributions
refer to the City's contributions for 'the base and supplemental
pension system for both the City's Police and Firefighters.
34 . In order to fund the employee portion of the pension
fund, the defendant shall, on behalf of each individual, pay into
the pension fund on his or her behalf a sum of money equal to ten
percent (10%) of his or her gross earnings of the face amount of
the backpay award to which he or she is entitled under this
Decree in full satisfaction of the employee's contributions to
such fund. The total amount of the employee contribution to the
pension fund shall not exceed ten percent (10%) of the backpay
award. In the event that the agreed-upon deduction from a
priority hire's backpay award does not fully satisfy the employee
contribution to the pension fund and thereby afford each claimant
full retroactive pension benefits, the City shall contribute any
and all additional contributions to the pension fund required by
law.
No part of the employer contribution to be paid by the
defendant into the pension fund on behalf of an individual shall
be deducted from the face amount of the backpay award to which
the individual is entitled nor be deducted from the settlement
fund.
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B. CLAIMANT PROCEDURES--NOTIFICATION AND DISTRIBUTION
35. In order to implement the objectives of this Decree,
the following steps. shall be taken:
(a) Within thirty (3 0) days after the date this Decree
is entered, the defendant shall send a written
notice of the settlement of this action by
certified mail (return receipt requested) to the
last known address of all Black and Hispanic
applicants who applied for a Fire Department
entry-level position, who took the written
examination on or after January 1, 1986, who other
than failing the written examination were eligible
for consideration for hire, but were not hired by
the City and all Black applicants who applied for
a Police Department entry-level position, who took
the written examination on or after January 1,
1986, who other than failing the written
examination were eligible for consideration for
hire, but were not hired by the City; and
(b) The written notice, a model of which is set forth
in Appendix A, shall include the information set
forth in Appendix A.
36. Within thirty (30) days after the date this Decree is
entered, the defendant shall publish a notice of the settlement
of this action in the Wednesday, Friday and Sunday editions of
the Miami Herald, Miami Times, El Herald, and Los Diarios de las
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I , �f ,. ,1 ,
•
Americas newspapers. The notice shall appear with headline in
large, bold, type face and shall be surrounded by a dark
continuous border. All notices shall be in the local news
section.
37 . The newspaper notice shall be substantially in the form
which is set forth in Appendix B.
38 . The defendant shall bear the cost of all mailing and
publication notices required under this Decree.
39 . Within thirty (30) days of its completion of the above
notification process, the defendant shall provide to plaintiff
United States a list fully setting forth the name, address, and
phone number (if available) , of each individual to whom a notice
has been sent by the defendant and shall, thereafter, compile and
present to plaintiff United States in a timely manner a list of
all undelivered notices. The defendant shall remail notices to
those persons whose original notice went undelivered if the
defendant is provided new address information for these persons
by the United States within sixty (60) days.
40 . In order to be considered for relief pursuant to the
terms of this Decree, an individual must submit a claim form (a
model of which is attached as Appendix C) to the United States
Department of Justice. The claim form must be submitted within
forty-five (45) days following the last newspaper publication
notice, unless an individual is able to demonstrate good cause
for why a claim was not submitted within forty-five (45) days.
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I
41. Within thirty (30) days following the closing period
for the filing of a timely claim, the United States shall provide
to the defendant a list of all persons who have filed timely
claim forms. The defendant may, within thirty (30) days of the
receipt of the United States' list of timely filed claims,
provide to the United States any records, documents or other
information which may be relevant concerning a claimant's
entitlement to individual relief. The United States shall
determine whether a claimant is eligible for individual relief,
including backpay, with the decision of the United States being
final, subject only to objections by individual claimants and to
the Court's approval .
The United States shall determine the amount of backpay
to be tendered to each person based upon the job applied for and
the date on which the individual should have been hired. Any
claimant whose claim for individual relief under this Decree is
rejected shall be notified in writing by the United States
Department of Justice of that fact as well as of the reasons for
rejection. Copies of such notice will be provided to the
defendant. The proposed individual relief for any individual
shall not exceed the monetary loss incurred by that individual.
Further, in no event shall any individual be entitled to backpay
for any time prior to October 25, 1988 .
42 . Within twelve (12) months of the entry of this Decree,
plaintiff United States shall provide the Court with a report
setting forth a list of those who have submitted claims under the
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I ► ti i , ;, a k, I I d 0 ,
Decree whom plaintiff United States believes are entitled to
relief, and the relief that plaintiff United States believes each
individual should be given. The United States will also provide
to the Court a list of those claimants whom it determines are not
entitled to relief and the reasons therefore.
43 . As a condition of awarding backpay or other relief to
any person under this Decree, the defendant may require the
release and waiver set forth in Appendix D, of any claims a
recipient may have against the defendant of alleged employment
discrimination on account of race or national origin.
44 . Any person who submits a claim under the Decree, who
has either filed a race or national origin discrimination
complaint against the defendant which has been adjudicated on the
merits by a court of competent jurisdiction, or has entered a
settlement agreement with the defendant completely and finally
resolving a race or national origin discrimination complaint
against them, shall be ineligible to receive monetary or other
relief under this Decree for the same set of acts and
transactions which were the subject of the claimant's prior
adjudication or settlement.
45. After proper notice to all claimants, the Court will
conduct a hearing for the purpose of considering any objections
regarding the individual relief to be awarded under this Decree
from persons who may be affected by such provisions. The hearing
shall be scheduled by the Court after:
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1 ( t, III ! E
(a) Publication of a notice of the hearing in the same
newspapers; and
(b) Notice has been given to all persons who have filed
claims for relief pursuant to this Decree and to all
persons who have informed plaintiff United States or
defendant in writing that they desire to be heard. The
notice shall be directed to all interested persons
informing them of provisions of the Order and Decree
and of the Court's hearing on individual relief
determinations, of their right to review copies of the
Order and Decree and the proposed individual relief
determinations on file with the Clerk of the Court, and
of their right to file objections; During the
publication required by this paragraph, copies of the
published notice shall be sent by certified mail,
receipt requested, to the last known addresses of all
claimants who filed claims under the Decree. The
notice form and content will be agreed upon by the
parties.
All objections to individual relief must be filed in writing with
the Clerk of the Court at least twenty (20) business days before
the scheduled hearing. The Clerk shall forward copies of any
such objections to this Decree as they are filed to counsel for
the defendant and plaintiff United States.
46 . The offers of employment and backpay provided by this
Decree shall be made by the defendant in the following manner:
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O t
Within thirty (30) days after a determination by the United
States that an individual is entitled to relief, and upon
approval of the Court, the defendant shall send by certified mail
(return receipt requested) an offer letter to the individual, a
model of which is set forth in Appendix E. The letter shall be
accompanied by a self-addressed, stamped envelope and an
individual relief form, a model of which is set forth in Appendix
F, which the individual may use to notify the defendant as to
whether he or she desires to accept the relief offered. The
individual shall have forty-five (45) days from his or her
receipt of the Appendix E letter in which to return the
individual relief form. If the individual notifies the defendant
that he or she does not accept the relief or, absent good cause,
does not return the individual relief form within the forty-five
day period, the defendant is released from its obligation to him
or her under this Decree. If the individual notifies the
defendant within the forty-five (45) day period that he or she
accepts the relief, then the defendant shall pay the monetary
award due the individual within forty-five (4 5) days of the
receipt of such notice.
V. RECORDS
47 . The defendant shall retain for the duration of this
Decree all records (including any computer tapes) relating to
recruitment, selection, appointment, promotion, training,
assignment, discipline, demotion and termination of persons
covered by the Decree including:
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% , I ,q)) �' Iil 11 4+ ` ! H.' I i i , ,
,1 p+1 11 I I I ( {
(a) All applications, including applications for hire,
transfer or promotion identified by race or national
origin;
(b) All medical and background investigation files;
(c) All evaluations and records of any kind showing the
performance of Police and Fire Department personnel ;
(d) Eligibility lists and appointments with persons
identified by race or national origin;
(e) All written communications between the defendant and
applicants for employment; and
(f) Records relating to discipline, demotion and discharge.
48 . The United States Department of Justice shall have the
right to inspect and copy any and all of the above documents upon
reasonable notice to the defendant without further order of this
Court. In addition, the defendant shall make available such
additional information or records relating to the subject matter
of the Decree as the United States Department of Justice requests
in writing.
VI. REPORTS
49 . For purposes of this Decree, a reporting period shall
run from January 1 through June 30 and from July 1 through
December 31. Within thirty (3 0) days after the close of each
reporting period, the defendant shall provide to plaintiff United
States in a uniform reporting form, the following information on
the City of Miami Beach Police and Fire Departments, set out by
department, except as otherwise stated:
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(a) The number and percentage by race and national origin
of all persons who passed/failed any entry level
examination for Police and Fire Department positions,
and the cumulative mean and average score by race and
national origin of all who took the examination;
(b) The number and percentage by' race and national origin
of eligibles certified for employment in the Police and
Fire Department;
(c) Copies of any registers indicating the eligible
candidates who have been certified for employment
with the Police and Fire Departments ;
(d) The number and percentage by race and national origin
of certified eligibles disqualified for employment, and
the reason(s) for each disqualification;
(e) The number and percentage by race and national origin
of hires during the period;
(f) The number and percentage by race and national origin
of adverse job actions, the specific job actions taken
and, for each person who is a Black or Hispanic his or
her name and address;
(g) The total number of Police and Fire Department
personnel by race and national origin, and by post,
shift and rank at the close of the reporting period;
and
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, � �� .� 1 t f• �► � � �� I 1 1 Ii tom' I 1
k • ► ► i'►f i ' . i l i ► ,� �; �►� � i b,jL) .� r� i !
(h) A summary of the efforts made during the reporting
period regarding the recruitment of Blacks and
Hispanics.
50. The defendant shall also report such additional
information relating to the subject matter of the Decree as the
United States Department of Justice requests in writing provided
such request is reasonable.
VII. ADDITIONAL PROVISIONS
51. (a) Insofar as any of the provisions of this Decree or
any actions taken pursuant to such provisions may be inconsistent
with state law or municipal regulations or ordinances, the
provisions of the Decree shall prevail in accordance with the
Supremacy Clause of the United States Constitution.
(b) In the event that the entry of this Decree
generates a collateral lawsuit or other legal challenge based on
or arising from the allegations resolved in the Decree, the City
of Miami Beach and the United States shall fully defend the
lawfulness of any such provision. If any lawsuit should arise in
a state court that challenges the Decree or any provisions
thereunder, the defendant shall immediately notify counsel for
the United States, and the defendant shall seek removal of such
action to the federal district court.
52 . Whenever the parties are unable to agree on a specific
matter falling within the general provisions of the Decree that
contemplates mutual agreement, any party may move the Court for a
resolution.
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• I I
53 . A copy of this Decree shall be posted prominently on a
bulletin board used for notices at each department, along with a
notice that copies of the Decree are available for taking,
without charge from:
The Miami Beach Personnel Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
54 . This Decree shall terminate five (5) years from the
date of its entry. Prior to its termination any party may move
the Court, upon forty-five (45) days notice to the other party,
for an extension of this Decree's term. In considering whether
the Decree should be extended, the Court will take into account
-25-
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whether the defendant has aompl ied with the Decree and whether
the basic objectives of the Decree have been achieved.
Entered this day of i 1992.
K. MICHAEL MOORS
UNITED STATES DISTRICT BUDGE
Approved by
TAURFNCF FEINGOLD JOHN R. DUNNE
City Attorney Assistant Attorney General
1700 Convent ion Center Driye Civil Hi4hts Division
Miami Reach, Florida 3313
7ROGER M. CART,
TON :TAMPA a. McAnAMS, TT T
City of Miami Beach I Art i r g 11n j t ad Stat Attnrnpy
city Manager
1700 Convention Center Driye
lei: i Beach, Florida 3313 8XIMARA K. BISNO
Assistant U.S. Attorney
155 South Miami Avenue
J 41- C. CROSLAND Miami, Florida 33130
DE SE HEEKIN
Muller, Mintz, Kornreich,
Caldwell, Cacey, Crosland
& Bramnick, P.A. I o'0.
Couthaa3t Financial Ccntcr
200 South Biscayne Blvd JAMES S. ANCtS
Mi.erni., Florida 33131 DELORA L. KEITNEBREW
t . DAVID LOPEZ
U.S. Dopartncnt of Juctioo
Civil Rights Division
For Defendant City Employment Litigation Section
of Miami Beach T .O. Box 65968
Washington, D.C. 20935--5768
For Plaintiff United States
of America
3010 ' 3cbu 1WHIN 2JN [ A dJ1711W kOUJ C : CT CCd OT J,JH
30
.� ' 1 1'i i'°S 1 1
APPENDIX A
NOTICE
ALL BLACK AND HISPANIC PERSONS WHO WERE FORMER
APPLICANTS FOR CITY OF MIAMI BEACH FIRE DEPARTMENT
ENTRY-LEVEL POSITIONS WHO TOOK THE WRITTEN EXAMINATION
ON OR AT ANY TIME AFTER JANUARY 1, 1986 AND WERE NOT
HIRED AND ALL BLACK PERSONS WHO WERE FORMER APPLICANTS
FOR CITY OF MIAMI BEACH POLICE DEPARTMENT ENTRY-LEVEL
POSITIONS WHO TOOK THE WRITTEN EXAMINATION ON OR AT ANY
TIME AFTER JANUARY 1, 1986 AND WERE NOT HIRED:
PLEASE READ THIS NOTICE CAREFULLY. IT MAY AFFECT YOUR RIGHTS .
On December 23 , 1991, the United States filed a Complaint in
the United States District Court for the Southern District of
Florida against the City of Miami Beach; The caption of the
Complaint is United States v. City of Miami Beach. The Complaint
alleges that the City's employment policies or practices have
discriminated against Blacks and Hispanics in the Fire Department
and Blacks in the Police Department on the basis of race and
national origin in violation of Federal civil rights law. The
defendant has denied the allegations of the Complaint. However,
in the interest of resolving this action without contested
litigation, plaintiff United States and the defendant City of
Miami Beach have reached a settlement, called a "Consent Decree" .
This Consent Decree, which is enforceable by the Court, was
entered by the Court on [ ] subject to a future hearing
to consider any objections to individual relief to be awarded
under the Decree.
31
. • i y I •''
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(/ t `: I i I, I�I •i I <..v�'. Ir r ,) •
This notice is sent to you because your rights as a job
applicant with the City of Miami Beach Fire and/or Police
Department may be affected by the terms of the Consent Decree.
If, after reading the paragraphs below which explain the nature
of the Consent Decree, you believe your rights are or may be
affected, instructions are given on what you should do.
GENERAL PROVISIONS
Under the terms of the Consent Decree, the Defendant agrees,
among other things, to take the following steps:
Defendant agrees not to discriminate against any Black or
Hispanic applicant for employment in the Fire Department or any
Black applicant for employment in the Police Department on the
basis of race or national origin, and not to retaliate against or
harm any person because of that person's participation or
cooperation with the initiation, investigation, litigation or
administration of this lawsuit or this Consent Decree.
INDIVIDUAL RELIEF
Under the Consent Decree, the following persons are eligible
to file claims and to be considered for relief:
(a) Any Black or Hispanic person who applied for an entry
level position in the Fire Department and any Black
person who applied for an entry level position in the
Police Department and who took the written examinations
for those respective positions on or after January 1 ,
1986 and were not hired.
32
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If you believe you may be entitled to relief under the Consent
Decree, you are invited to complete and return, via U.S. mail,
the attached "Claim of Employment Discrimination" form within
forty-five (45) days of receiving this Notice to:
Chief
Employment Litigation Section
Civil Rights Division
P. O. Box 65968
U.S. Department of Justice
Washington, D.C. 20035-5968
An addressed envelope is enclosed which you may use to mail
this form.
A copy of the Consent Decree is to be posted prominently on
a bulletin board used for notices at each department of the City
of Miami Beach along with notice that copies of the Decree are
available for taking, without charge from:
The Miami Beach Personnel Department
1700 Convention Center Drive
Miami Beach, Florida 33139
IF YOU FAIL TO RETURN THE CLAIM FORM TO THE DEPARTMENT OF
JUSTICE AT THE ABOVE ADDRESS WITHIN FORTY-FIVE (45) DAYS OF YOUR
RECEIPT OF THIS NOTICE, YOU WILL BE BARRED FROM RECEIVING ANY
RELIEF UNDER THE CONSENT DECREE UNLESS YOU SHOW GOOD CAUSE FOR
NOT MEETING THIS DEADLINE.
Any questions about these Notices should be directed to the
following attorney of the United States Department of Justice in
Washington, D.C. :
33
I • •
is: ,, o) t, • „b!, 1, t
Debora L. Kennebrew
Employment Litigation Section
Civil Rights Division
U.S . Department of Justice
P. O. Box 65968
Washington, D.C. 20035-5968
(202) 514-3422
You may either write or call collect.
Sincerely,
Laurence Feingold
City Attorney
Office of the City Attorney
1700 Convention Center Drive
Miami Beach, Florida 33139
34
r ► ► ► I H I►► I ► ( I , � . ► �, f
APPENDIX B
(Notice in Newspaper)
ATTENTION (1) ANY BLACK OR HISPANIC PERSON WHO IS A FORMER
APPLICANT FOR EMPLOYMENT WITH THE CITY OF MIAMI BEACH FIRE
DEPARTMENT AND WHO TOOK THE ENTRY-LEVEL WRITTEN EXAMINATION ON OR
AFTER JANUARY 1, 1986 AND WAS NOT HIRED AND (2) ANY BLACK PERSON
WHO IS A FORMER APPLICANT WITH THE CITY OF MIAMI BEACH POLICE
DEPARTMENT AND WHO TOOK THE ENTRY-LEVEL WRITTEN EXAMINATION ON OR
AFTER JANUARY 1, 1986 AND WAS NOT HIRED:
On December 23 , 1991, the United States filed a Complaint in
the United States District Court for the Southern District of
Florida against the City of Miami Beach. The title of the
Complaint is United States v. City of Miami Beach, C.A. No. 91-
2926, (S. D. Fla. ) (MOORE, J. ) . The Complaint alleges that
employment policies or practices have discriminated against
Blacks and Hispanics in the Fire Department and Blacks in the
Police Department on the basis of race and national origin in
violation of Federal civil rights law. Defendant has denied the
allegations in the Complaint. However, in the interest of
resolving this action without contested litigation, plaintiff
United States and defendants have reached a settlement called a
"Consent Decree. "
The Consent Decree, which is enforceable by the Court, was
entered by Order of the Court on (date) subject to a
future hearing to consider any objections to individual relief to
be awarded under the Decree. Copies of the Consent Decree are
available for review at the City of Miami Beach Personnel
Department.
35
1 I • L , • .1
[.) 1 1 1
GENERAL PROVISIONS
Under the terms of the Consent Decree, defendant agrees,
among other things, to take the following steps:
Defendant agrees not to discriminate against any Black or
Hispanic applicant for employment with' the Miami Beach Fire
Department or any Black applicant for employment with the Miami
Beach Police Department on the basis of race or national origin,
and not to retaliate against or harm any person because that
person has opposed discriminatory practices or because of that
person's participation or cooperation with the initiation,
investigation, litigation or administration of this lawsuit or
this Consent Decree.
INDIVIDUAL RELIEF
Under the Consent Decree, the following persons are eligible
to file claims and to be considered for relief:
(a) Any Black or Hispanic person who applied for an entry
level position with the Miami Beach Fire Department and
who took the written entry-level examination on or
after January 1, 1986 but was not hired; and
(b) Any Black person who applied for an entry level
position in the Police Department and who took
the written entry-level examination on or after
January 1, 1986 but was not hired.
36
•
. � r I I' � � II If
3 b
. ( , ) 1) , 11 HI. H
If you believe you may be entitled to relief under the
Consent Decree, you are invited to send a written statement to
the address below by [date forty-five (4 5) days after last day of
publication of this notice in newspaper] . The statement should
contain the following information:
1. Name.
2 . Address.
3 . Home and work telephone number, if any.
4 . Race or national origin.
5. Pleasebriefly indicate your history of employment, if
any, with the City of Miami Beach Fire and/or Police
Department(s) ; and/or your attempts to get such
employment; and/or the reason why you did not attempt
to get such employment.
This statement must be sent to the address listed below by [date
45 days after last day of publication] :
Chief
Civil Rights Division
Employment Litigation Section
U.S. Department of Justice
P. 0. Box 65968
Washington, D.C. 20035-5968
Any questions regarding this notice should be directed to the
following attorney at the Department of Justice:
Delora L. Kennebrew
U.S . Department of Justice
Civil Rights Division
Employment Litigation Section
P.O. Box 65968
Washington, D.C. 20035-5968
(202) 514-3422
37
t •
APPENDIX C
CLAIM OF EMPLOYMENT DISCRIMINATION
To make a claim of individual relief under the Consent
Decree in the case of United States v. City of Miami Beach,
(C. A. No. 2926) , you should fill out this entire form. You must
send the form to:
Chief
Civil Rights Division
Employment Litigation Section
U.S . Department of Justice
P.O. Box 65968
Washington, D. C. 20035-5968
YOU MUST RETURN THE CLAIM FORM, VIA U.S . MAIL, TO THE ABOVE
ADDRESS WITHIN FORTY-FIVE (45) DAYS OF YOUR RECEIPT OF THIS
NOTICE UNLESS YOU SHOW GOOD CAUSE FOR NOT MEETING THIS DEADLINE.
The envelope enclosing the Form must be postmarked by this
deadline date.
Please type or print the information requested below:
1 . Name:
2 . Street or P.O. Box:
3 . City: State: Zip:
:
.�
4 . Home Phone: Work Phone:
5 . Social Security Number:
6 . Birth Date:
7 . Phone where you may be reached during the day:
8 . Date (month, day, year) you applied for a position with the
Miami Beach Police or Fire Department:
. 8
t A
I I „ I• ;
I� i I �.
• I /�
9 . Date (month, day, year) that you took the written
examination administered by the City of Miami Beach for
entry level positions with its Police or Fire Departments.
10. Positions (job titles) you have held, the departments
where you held these positions, and approximate dates you
held each position (please attach additional sheets if
necessary) :
11. Approximate date of the vacancy announcement for this
job:
12 . If you believe that you were denied this job because of
your race or national origin, state the reason (s) for your
belief (You may attach extra sheets if necessary) :
iY
39
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f
13 . What qualifications did you hold for this job at the time
that you applied for it:
14 . When were you notified of your failure of the written
examination for an entry-level firefighter or police
officer position with the City of Miami Beach?
15. What was your score on the entry-level firefighter or
police officer written examination?
16. If you have any documentation regarding your application
for employment with the Miami Beach Fire or Police
Department, e.g. notice of examination results, please
submit a copy of any such document (s) with this form.
Date Signature
40
11-
Notice: This claim form will be used to provide the U. S .
Department of Justice with preliminary information on
the nature of your complaint. You are not required to
set forth a complete description of the discrimination
alleged; however, it will be helpful if youP rovide as
much information as possible. If you have questions
regarding this claim form you should call one of the
following numbers or write to the following Justice
Department attorneys in Washington, D. C. :
Delora L. Kennebrew
P. David Lopez
U.S. Department of Justice
Civil Rights Division
Employment Litigation Section
P.O. Box 65968
Washington, D. C. 20035-5968
(202) 514-3422/616-9510
41
• ► • ` r: I I 1 • l I A ,
APPENDIX D
RELEASE OF ALL CLAIMS •
State of )
ss
County of )
Contingent upon payment to me by the City of Miami Beach of
[sum spelled out] Dollars ($ ) , and pursuant to the
provisions of the Consent Decree entered by the Honorable
K. Michael Moore, United States District Judge, on [Date] in
United States v. City of Miami Beach, (Civil Action No. 2926) ; I ,
[ full name of claimant] , release and discharge the City of Miami
Beach, and its former and future officials, employers and agents,
from all legal and equitable claims arising out of that action or
other legal, equitable or administrative claims or causes of
action arising out of any discrimination on the basis of race or
national origin with respect to employment policies or practices
in the Fire and Police Departments of the City of Miami Beach in
violation of any Federal , state or local equal employment
opportunity laws, statutes, regulations or ordinances occurring
before the execution of this Release.
I understand that the payment to be made to me does not
constitute an admission by any of the parties released of the
validity of any claim raised by me, or on my behalf.
This Release constitutes the entire agreement between
defendants and myself, without exception or exclusion.
I acknowledge that a copy of the Consent Decree in this
action has been made available to me.
I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF
AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED.
Signed this day of , 1992 .
[SIGNATURE]
[FULL NAME TYPED]
Social Security Number
Other Identification
Subscribed and sworn to before me this
day of , 1992 .
Notary Public
My Commission expires:
4�
r
APPENDIX E
OFFER LETTER
[Name]
[Address]
[City and State and Zip]
Dear [ ] :
Your claim for individual relief under the Consent Decree in
United States v. City of Miami Beach has been processed. It has
been determined that you are entitled to individual relief.
The specific relief to which you are entitled, and which you
are hereby offered, is [the sum of $ ] and [job
opportunity relief including remedial seniority] .
If you are entitled to both monetary relief and job
opportunity relief, you do not have to accept the job opportunity
relief in order to obtain the monetary relief.
In order to receive any relief, however, you must fill out
and return the following two forms (both of which are enclosed)
to the City of Miami Beach within forty-five (4 5) days of your
receipt of this letter:
1. The "Individual- Relief Form" ; and
2 . The "Release Form", which releases the City of Miami
Beach from all employment discrimination claims you may
presently have against them based on race or national
origin. You must have the Release Form notarized
before you return it.
You should mail these two forms to the following address:
[Address of the Defendants]
A self-addressed envelope is enclosed which you may use to mail
these forms.
IF YOU FAIL TO RETURN THE INDIVIDUAL RELIEF FORM AND THE
RELEASE FORM TO THE ABOVE ADDRESS WITHIN FORTY-FIVE (45) DAYS OF
YOUR RECEIPT OF THIS NOTICE, YOU WILL BE BARRED FROM RECEIVING
RELIEF UNDER THE CONSENT DECREE UNLESS YOU SHOW GOOD CAUSE FOR
NOT MEETING THIS DEADLINE.
If you have any questions concerning the Consent Decree or
your right to relief, you should call the following number or
write to the following attorney at the U.S . Department of Justice
in Washington, D. C. :
44
•
^s •
' ' J A)' — , f )
0 6 !
•
Debora L. Kennebrew
U.S. Department of Justice
Civil Rights Division
Employment Litigation Section
P.O. Box 65968
Washington, D.C. 20035-5968
(202) 514-3422
Or you may call or write to the following attorney for the
City of Miami Beach.
[Designated person]
Address
Sincerely,
Laurence Feingold, Esq.
City Attorney
Office of the City Attorney
1700 Convention Center Drive
Miami Beach, Florida 33139
45
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APPENDIX F
INDIVIDUAL RELIEF FORM
My name is . I do
do not accept the monetary relief and I do do not
accept the job opportunity relief that was offered to me under
the Consent Decree in United States v. City of Miami Beach (Civil
Action No. 2926) .
Signature Date
Notice: A self-addressed envelope is enclosed which you may use
to return this Form and the Release Form. YOU MUST
RETURN THESE FORMS TO THE ADDRESS ON THE ENVELOPE
WITHIN FORTY-FIVE (45) DAYS OF YOUR RECEIPT OF THIS
LETTER UNLESS YOU SHOW GOOD CAUSE FOR NOT MEETING THIS
DEADLINE. The envelope enclosing the Forms must by
postmarked by this deadline date.
46
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[ I J ! I i I
APPENDIX G
INDIVIDUAL RELIEF FORM
My name is . I do do
not accept the monetary relief that was offered to me
under the Consent Decree in United States v. City of Miami Beach
(Civil Action No. 2926) .
Signature Date
Notice: A self-addressed envelope is enclosed which you may use
to return this Form and the Release Form. YOU MUST
RETURN THESE FORMS TO THE ADDRESS ON THE ENVELOPE
WITHIN FORTY-FIVE (45) DAYS OF YOUR RECEIPT OF THIS
LETTER UNLESS YOU SHOW GOOD CAUSE FOR NOT MEETING THIS
DEADLINE. The envelope enclosing the Forms must by
postmarked by this deadline date.
•
4P
ORIGINAL.
REOSLUTION i;0. 92.20-96
Authorizing the city Manager and the
City Attorney to enter into a consent
decree with the United States Department
of Justice regarding allegations of
discriminatory hiring practices in the t4
Police and Fire Departments.
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