032-1998 LTC
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.1l.us
L.T.C. No. 32-1998
LETTER TO COMMISSION
March 9, 1998
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
FROM:
Sergio Rodriguez
City Manager
SUBJECT: PUBLIC SAF TV HIRING UPDATE
COURT HEARING
On February 25, 1998, the federal court heard arguments from the City of Miami Beach,
IAFF/FOP, and the Department of Justice (DOJ) regarding DOJ's Motion to extend the
Consent Decree until May 31, 1998, and the City's opposition to DOJ's Motion. This
hearing had been postponed by the court from February 20, 1998.
DOJ contended that the City had not met all of the terms of the Consent Decree and that
their oversight of the Police Officer and Firefighter hiring process should continue until after
all of the test components had been administered to actual applicants, analyzed by the
City's consultants, and analyzed by DOJ's consultants. DOJ then wanted the City to make
all changes they might recommend to the tests, scoring, passing point, etc. DOJ stated
that the changes they had recently recommended were quite small and easy to
accomplish.
The City took the position that we had complied with all terms of the Consent Decree, the
Consent Decree had expired July 29, 1997, and that continued involvement by DOJ would
substantially and unnecessarily delay the testing and hiring of critically needed Police
Officers and Firefighters. The City asserted that DOJ had a history of suggesting that we
change our approach to issues. When we changed our approach to the very one DOJ
recommended and proceeded with the project, DOJ would resurface the resolved issue
and require that we take a different approach and redo parts of the project which had
already been completed. The City also brought the following items to the court's attention:
DOJ has not been willing to commit to any time frames as to when they would respond to
information sent to them by the City to allow the City to plan ahead and DOJ has vacillated
as to when their involvement will end. For example, at times, DOJ has claimed that their
involvement would end after the pilot studies. At other times, DOJ has stated that they
would have to analyze the test results after the tests were administered to actual
applicants. DOJ has also held that they would have to analyze the hiring results.
L. T. C. ..... Continued
Page 2
The court ruled verbally and will issue a written order. We were very encouraged that the
majority of the court's decisions were in the City's favor, for example:
-The City may proceed with the planned recruitment for Police Officers
-DOJ's involvement will not continue through the administration of all of the actual
tests, scoring and analyses and the hiring of actual job applicants
-The Consent Decree will not be extended through May 31,1998, or longer
-DOJ has only until March 31, 1998, to analyze the rest of the City's pilot test results
and improvements (which DOJ already has) and to send the City their
recommendations
-The sample sizes used for the pilot tests were adequate; and the pilot tests do not
have to be readministered
-The City will continue to attempt to resolve any differences of opinion directly with
DOJ
-If the City and DOJ continue to have any unresolved issues, by March 31,1998, the
City will request a hearing with the court appointed Magistrate (who was appointed
at the City's request at the February 25, 1998, hearing)
The City or DOJ may request a hearing with the Magistrate. If the City files the request with
the Magistrate, DOJ has 10 working days to respond. The City has five (5) days to reply.
Then the Magistrate would set a hearing. It is estimated that it may take approximately 6-8
weeks to set the hearing; however, this is a time frame over which the City has no control.
HIRING PLANS
As a result of the above February 25, 1998, ruling, the initial steps of the recruitment and
testing plan have been projected as follows:
March 3, 1998
Placed advertisements regarding Police Officer recruitment
(Postponed from February 24, due to court date being postponed to
February 25)
March 5, 1998
Began recruitment and started accepting applications (Postponed
from February 28 due to above)
March 31,1998
Deadline for DOJ to send recommendations regarding pilot test
results and test modifications for the three (3) separate tests for
Police Officer and the three (3) for Firefighter
* April 3, 1998
Receive DOJ's recommendations
(* = Please note that events from this point are dependent upon the
extent of DOJ's recommendations, the City's acceptance of DOJ's
L. T. C. ..... Continued
Page 3
recommendations, the need for Magistrate and/or court intervention,
and how long it takes them to respond and/or to set a hearing)
April 6 -
April 24, 1998
Incorporate DOJ's recommendations
April 30 -
May 1, 1998
Administer Multimodal Screening Test (MST)
Based upon the above schedule, it is estimated that the remaining test components (PAT
and BAP) would be administered, scored, and analyzed and an eligible list would be issued
by July 31,1998. The background investigation processes will take approximately one to
six months. Therefore, the first Police Officers would be hired as early as August 1998.
c: Mayra Diaz-Buttacavoli, Assistant City Manager
Harry Mavrogenes, Assistant City Manager
Janet Gavarrete, Assistant City Manager
Richard Bender, Executive Assistant to the City Manager
Ronnie Singer, Executive Assistant to the City Manager
Richard Barreto, Police Chief
Luis Garcia, Fire Chief
Denise Heekin, legal counsel (via fax 379-3802)
David Santisteban, Consultant (via fax 445-2471)
Wayne Burroughs and Tom Rockhill, Consultants (via fax 407-365-5484)
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City of Miami Beach
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Memorandum
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98 FEB I 2 AM 9: 14
To:
Sergio Rodriguez
City M ger
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From:
Re:
Date: February 11, 1998
******************************************************************************
Please advise me as to the possible hiring of certified officers currently employed by other
departments who have made application to the Miami Beach Police Department. Further, please
advise me as to whether the consent decree would have any bearing on this issue.
DD:sw
cc: Dennis Ward
President of the Fraternal Order of Police